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HomeMy WebLinkAboutminutes.council.19781009RegUlar Meeting Aspen City Council October 9, 1978 Mayor Standley called the meeting to order at 4:10 p.m. with Councilmembers Isaac, Van Ness and Parry and Commissioners Child and Edwards present. Also present were City Manage~ Mahoney and City Attorney Stock. Frying Pan-Arkansas Agreement John Musick told the Board he had four signed agreements, signed by Mr. Sparks, Mr. Biezy, and the Director of Natural Resources had told Musick he would sign. Musick had met Frying Pan- Saturday with Sparks, Biezy, Lee Leavenworth and Howard Home, for the purpose of going Arkansas over the changes in the agreement. The had accepted all the changes proposed by Musick. Agre~nent The~ had three perfunctory changes, which were grammatical, to paragraph b2 on page 2, paragrpah 4c on page 11, and d on page 12. The latter two changes had to do with the actual dismissal times of the law suits. The change to paragraph b2 was a Musick change to clarify the meaning of the terms when there was ah adequate amount of water available in~'the stream system to make the 21 cfs. Musick said there are times when there are law- ful and unlawful diversions out of Hunter Creek, and he wanted to peg this agreement specifically to lawful diversions. Musick told the Boards d~ring the meeting Saturday, they had modified one section which could present a potential problem, this is paragraph 2 on page 7. During discussions today with Mayor Standley, Michael Kinsley and Joe Edwards, they have had a different interpretation of this paragraph. A recommendation was made to interject a phrase to be absolutely sure there will be no additional surfaoe features constructed on Hunter Creek. The way the sentence reads nows, "There shall be no additional physical features construc- ted in the Hunter Creek basin other than the completion of the present planned diversion structure and appurtenent facilities on Hunter, Midway and No Name creeks and the Clear Creek tunnel, provided that this provision shall not be construed to apply to either Regular Meeting Aspen ~lty ~ouncll UCEoDer maintenance, repair or necessary modification to accomplish the purposes for which features were designed." The requested language says, "maintenance, repair or necessary modification to said physical features to accomplish the purposes for which the features were designed.'!i Frying Pan- Musick said he felt this zs a grammatical change and clarification. Musick told the Boards Arkansas he had talked to Fairfield and Woods; the party he spoke to could not speak for Mr. Biezy Project and Could not assure they would go along with this, but felt this was carrying out the Agreement intent of the parties. Mr. Biezy's approval as to form does not include this extra phrase. Commissioner Kinsley pointed out the intent of the phrase is so that they change make changes in structures such as grates. The Boards want to make sure that is the intention. Musick stated he has the agreement of the attorney for the Southeastern District, Mr. Biezy, to the form without the phrase. Musick passed out maps of the diversion facility. There are tributaries to Midway and No Name Creeks, and the flow of the tributaries was originally intended to be captured by the project when the project was open ditches. At the request of the interested parties, Pitkin County, the project went to subsurface tunnels as opposed to open canals, which would have captured the water. Musick opined that the decrees for the project can be interpreted to include the capture of water from those side tributaries. They are within a few hundred feet each of the existing diversion structures and were part of the Bureau of Reclamation plans and specifications for the completion of the diversion structures on Midway and No Name. No contract has been pre- sently let for the completion of those diversion structures to include those side canals to capture the water on those tributaries, nor has a Forest Service permit been issued for that purpose. Pitkin County and the City of Aspen has no place in the proceedings to approve or deny their completion of the project as planned. Lee Leavenworth told the Boards that the new stream flow bypasses that were established were premised on the assumption that those tributaries were bei. ng picked up. Commissioner Child questioned g2, and it seemed to him it was open for interpretation by either party that Pitkin County has a conceptzon of what the diversion structures are, but maybe the Southeastern District has another idea. Perhaps the structures should be identified by a map. Musick said this has been done by previous agreement; a reference to plans and specs that are now in existence has been included. These plans and specs are in the hands of the Bureau of Reclamation. The Southeastern District is the contract repayment entity on the Frying Pan-Arkansas project; they have no powers over what the project does. The Southeastern District does not take possession of the pro3ect until 34 years. Commissioner Kinsley moved for joint approval of this agreement as amended Saturday with one modification described by Musick; seconded by Councilman Isaac. Musick stated the modification in paragraph g 2 on page 7 to add "to said presently planned diversion structures". Councilwoman Johnston asked the affect of the motion should Mr. Biezy refuse to accept the modification. Mayor Standley said the City and County could either strike it or not sign. Musick requested the Boards to s~gn with appropriate initials at the interlineated portion, and Biezy can either approve as to form or reject it. Mayor Standley asked, as attorneys, if the phrase was striken and they tried to do something like an addition to the project, would the City and County be in good legal standing. Musick stated he believes paragraph g2 protects the City and County without the added language, based upon his read- ing of it. Kinsley said the point of the modification is that as the paragraph reads now it is ambiguous. If the project's intention is as it appears to be, the modification should not be objectionable. Musick noted the Boards are talking about the construction of an additional facility on Hunter on other tributaries not presently planned. The operating principles and the law that approved the project would not permit that. They would have to have subsequent Congressional reauthorization for a project that is now 300 times cost overrun, as well,as secure a modification of the operating principles. Musick told the Boards the project is constructing what they had planned to construct; the plans and specs were originally filed in 1958. All in favor, motion carried. Musick added that the recommendation of the Water Conserva- tion Board will be to file on the increased flows and file on the water rights. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of the September 19 and 25, 1978, Council meetings; seconded by Councilman Van Ness. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Van Ness moved to table the accounts payable, they were not received; seconded by Councilwoman Johnston. All in favor, motion carried. CITIZEN PARTICIPATION 1. Candi Harper, Grassroots Television, asked Council to write a letter to Canyon Cable TV. Grassroots has another year and two months on their lease, which gives them exclu- Grassroots sire right to Channel 12. Grassroots only uses this eight months a year, five hours a request for night, and they are amenable to sharing the channel. Ms. Harper told Council Canyon Cable letter of is not extending leases for anything longer than 3 years. Grassroots is not a commercial support venture and never will be; the channel should be dedicated to the community. Sandy Sommers of Canyon Cable told Ms. Harper he cannot make the decision on how long the lease will be. Ms. Harper asked Council if they would write a letter saying they look favorably upon the channel being reserved for community television. Mayor Standley said if no one on Council had a problem with this, and Ms. Harper would give him a draft of a letter, he would send it to Canyon Cable. Council agreed. COUNCILMEMBER COMMENTS 1. Councilman Parry told Council he had spent time trying to find a location for Trailway~ and had located a small building behind the Continental Inn. There is room for the busses to turn around. Hans Cantrup said he would be willing to vacate the building for this Continental Councilman Parry said he and H. J. Stalf feel this is a go~d spot for connectinglTrailways purpose. with the City transportation system. This use has to go through P & Z, and the soonest it~location could be completed would be a special meeting on December 4. Trailways would like to know Council's feeling because they have to do some remodeling and to prepare. Ms. Smith told Council this would require a code amendment to allow a bus depot as a conditional use in the L-2 zone. This has to be taken to P & Z and Council for public hearings. Councilwoman Johnston asked if this would be a permanent location. Councilman Parry said they would only be leasing this for the winter until permanent plans can be made for Trailways. Councilman Parry explained this is a little house on the east side of Galena street right behind the Tipple Inn, and Cantrup has been using it. Mayor Standley stated if Council does not object, they can go ahead with the processes. There will be public hearings at P & Z and Council. If Council is violently opposed, they will not proceed. Councilwoman Johnston said she is opposed only because she does not believe the center of town is a transportation place. 2. Councilwoman Johnston said she was concerned about the idea of cloudseeing happening and affecting an area without a government hand in it. Whether or not it is Aspen's choice, they are going to seed the whole area. City Attorney Stock said there is nothing Cloudseeding Aspen as a City can do. The question of weather modification is something that an entity as large as the State will have to deal with, and they will have to put controls and restrictions on it. (Councilman Wishart came intO Council Chambers). Stock stated that if the action takes place within the limits of the city, Aspen may control that action. The seeding takes place somewhere other than the core of the City. Stock said ~he State of Colorado had adopted legislation requiring approvals and public hearings prior to attempting weather modification. Since Aspen is being affected, we should have the oppor-i tunity to express concern through the process. Mayor Standley asked Stock to draft a resolution to that effect and to have it considered at the next joint meeting. APPOINTMENTS TO THE GMP COMMITTEE Ms. Smith told Council this is the last section of the GMP code, which requires selection of an independent commission for 1978 to review the development allotments and the monitorilIndependent the GMP. Ms. Smith stated it is the proposal of the City Attorney to appoint the P & Z i Co~mission plus the Mayor as the Commission for the year 1978. One of the things the Commission williGMP review is the quota for 1978 for residential, lodging and commercial. In the lodging, there is no quota until 1981. In residential, Ms. Smith told Council she had just received the report from the building inspector, and the residential quota appears to be used up for 1979 from the build out of single family and duplex, which are exempt. Ms. Smith said! the Commission would look at allowing additional quota; the current ordinance does providei~ for employee units to a maximum of 20 outside the GMP. Ms. Smith said the Commission was set up because there was concern about the effects of the ordinance on the City, and the Commission was to be a relief valve. Councilwoman Johnston moved that the P & Z and Mayor be named the Commission for the GMP and make recommendation to City Council; seconded by Councilman Isaac. All in favor, motion carried. REPORT ON PARKING STUDY This study is part of the overall transportation study done by PBQ&D. Curt Stewart, Transportation planner, introduced Wes Frysz~acki of PBQ&D, and told Council they would !iParking Study outline the methodology and findings. They inventoried the entire parking supply in town i!Rep°rt from Main to Durant and Aspen to Original streets. Ail the blocks and block faces were numbered so walking distances could be computed. Through questionnairs, the purposes of the trip, length of time parking as well as attitude questions were asked. Stewart told Council som prior reports were analyzed; Voorheis and Pizzagalli reports. There were 404 people interviewed; 259 residents and 145 non-residents. The survey was taken from the end of August through September 6th. Frysztacki told Council the report has an introduction; parking survey; analysis of park- ing supply and evaluation. Frysztacki went through all the charts in the study and indi- cated some of the results could be due to the nature of the season, and the winter may have different results. In length of time parked, both residents and non-residents were park- ing 15 minutes or less. For trip purpose, about 25 per cent responding had a secondary destination. In trip purpose by geographical block, there was more tourist oriented activity in the vicinity of the mall; shopping, eating, entertainment. There were 25.7 for personal business outside the mall area. Table 7 gets into the questions of how far people walked from their car to the primary destination, and 29.2 walked less than 100 feet. The average walking distance for overall is 285 feet, which is about one block. Frysztacki said residents seem to be walking less distance. On the next table 40.2 per cent did not want to walk any further than they had. In the tabke of additional walking distace by place of resident, 40.6 per cent of non- residents would walk four more blocks, and residents would not be willing to walk any further. Table 10 is an analysis to try to look at the hypothetical distance people are willing to walk; this is 1,010 feet, which is about 3 blocks. The next is a list of attitudinal questions asked to residents only. Are you in favor of expading the existing mall, 63.3 answered yes and 36.7 answered no. Are you in favor of replacing any parking lost from mall expansions with a~parkind structure located no more than four block away from mall, 74.8 answered yes and 25.2 answered no. Would you use a public transportation service that connected a new parking structure with the expanded mall, 47.1 answered yes and 52.9 answered no. The next section is parking supply and demand. Frysztacki told Council they had counted 1522 curb~ side The next section is parking supply and demand. Frysztacki told Council he had counted 1522 curb side parking spaces; in addition, there is 192 off-street parking in Rubey Park and Rio Grande. Table 13 looked at the implications of expansion of the mall, and there Parking study are about 100 vehicles trying to park in an hour. Table 14 looks at the distribution of the total parking, in terms of supply and demand; there are over 58 per cent trying to parking for 30 minutes or less, and that is only 3.5 per cent of the parking supply. Frysztacki told Council that the premium parking spaces are taken up by people parking for a long time. The study points out that 55 per cent of all parking citations occur from December to March, which is an indication of when the problem is occurring. Table 16 is an analysis of traffic on Highway 82 from winter seasons in 1975 and 1978. The third part of the report is an evaluation of alternatives and recommendations. The time restriction changes will provide more accommocation. Frysztacki said the City could probably absorb the lost parking from mall expansion by re-regulating the parking supply in the adjacent areas, and organizing the parking supply. The PBQ&D just started the transit developmen~ program, and will not be recommending an abundance of parking supply. There will be more emphasis on doing other things. The City of Aspen cannot justify a million dollar parking structure if it ~s only filled a couple of days a year. The study looked at various locations for parking, but concentrated on Rio Grande and Rubey Park. Rubey park could encompass the underneath the park and adjacent streets and could accommo- date 450 cars. The cost per space would be between $9,000 and $11,000. Frysztacki said this is a difficult area to provide a garage; there are access problems, and work has to be done on subsoil conditions. Any parking structure should go hand in hand with parking restrictions. The study looked at Rio Grande, which has great potential. There are problems like the walk up the hill, lack of organization, improper signing. Frysztacki said this would be a location for people parking longer period of time. The parking structure could be blended into the surrounding area; it would not have to be undergrounded so the cost would be about $6,000 per space. Frysztacki recommended a structure for around 650 spaces; there is convenient access, and this would keep cars out of the down- town area, and can be coordinated with transit. In the future, the City might look at both sites to accommodate the parking demand; each site has unique characteristics. Rubey 'Park caters to skiers and businesses in the immediate area. Frysztacki said he would recommend all the options be given more public exposure. Table 18 looks at the criteria of the optional parking programs. Frysztacki said the criteria needs to be refined and given public exposure, and perhaps weighted. Frysztacki also suggested the staff collect data during the winter, as that is when the parking problems occur. Also all of this has to be coordinated very carefully with transit if the City wants the transit program to work. Stewart stated it is apparent the parking supply will have to be increased. At this time, he cannot recommend what size or how much. This will need more study in the winter. PBQ&D will be working on the TDP over the next 3 months; this step was fulfilling the contract for a mall parking study. The recommenda- tions of the study is that Aspen does have a parking problems, and there is a demand for a parking facility. The City will need to know definitely how many days the structure will be filled up; recommenda a level of parking supply that ~s not in conflict with transit - adequate but not abundant parking. Frysztacki said right now Aspen is below adequate supply. Mayor Standley told Stewart when he knew Frysztacki was going to be in town, to schedule a work session so that he could deal with specific questions from Council. Councilwoman Johnston said Council's aim over the years has been auto disincentive and not to accommo- date the automobile. Frysztacki said he felt that providing additional 15 minute parking spaces will not change the parking demand. Mayor Standley suggested this parking study be taken to various public groups, Rotary, Chamber of Commerce. MALL EXPANSION QUESTION Mayor Standley requested this be discussed after going over the parking study, going to Mall Expansion Mall Commission meetings and talking with people around the community. Mayor Standley said question his basic concern is that when the Council is trying to do something they think is right and they turn out to be wrong, and it has to be re-done, time is lost. Mayor Standley pointed out from the planning office there is only 32 feet of property owners that will pre-agree to the mall expansion. If there is not 51 per cent agreeing, this will have to go to another election anyway. Mayor Standley said the City needs to look at the park- ing study, to do further work in the winter; there is need for additional parking. Mayor Standley said perhaps the timing is not right because the City does not have all the answers. If the mall expansion questions wins in the fall, and the City commits money to p~anning, and then the question loses in the spring, the City will have wasted money. If the question were to win in the spring, the City could start construction in September and have this done in the middle of November. Councilwoman Johnston pointed out the election does not commit the City to a time frame. The work can be done anytime. The Council had a commitment from the Mall Commission that if the City cleaned up the mall and problems dealing with it, they would support the Council on expansion. Councilman Isaac said he is for mall expansion and is not locked into a time it has to be constructed. Councilman Isaac said now is the time to appropriate the money. Councilman Van Ness said he felt if there were an election on this question in November, it was likely there would have to be another one in 1979. An election on the Mall issue now is meaningless. Councilwould Johnston felt it was important not to delay. Mayor Standley brought up the street beautification of the entire downtown area. The City has put a lot of money into the mall, and the area between the sidewalks and curbs in the rest of the town look terrible. The entire downtown experience is important. An improvement district to deal with streets and beautification city-wide has been dis- cussed; this would have to go to the electorate, and could be done at the May city election. The funding of mall expansion could be tied to an improvement district. Councilman Wishart said since this will have to go to an election in the spring, he could see no harm in having a consensus vote this fall. This would give the City some idea of the general opinion. Councilman Van Ness said he would to have one election; the City should get the studies done. There is such a thing as hauing too many elections, and the voters don't like it. Jon Busch, member of the Mall Commission, agreed if the election in November were a mean- ingless exercise, why have it. Busch pOinted out the Mall Commission strongly favors downtown beautifical, and also feels the City should have parking before the mall expansion is considered. Busch said with the taxpayers' revolt, there is a risk of tying too much to the mall issue, such as downtown beautifical and a parking garage. The mall issue must!i maintain integrety from these other issues. Gary Plumley, chairman of the Mall Commission, said he felt the parking study was somewhat incomplete, it was limited to the daylight hours. There is also a demand for parking from 6 p.m. to 10 p.m. Plumley said he would like to see the parking study continued to the winter and to include after dark hours. Also there needs to be a total plan for the downtown area, not necessarily implemented all. at once, but something to work toward. Nancy Snell, speaking for the Chamber of Commerce, told Council the Chamber has passed a resolution supporting removal from the ballot of the mall expansion question this November, The Chamber also encourages development plan for improvement and beautifical for the core area. As a member of the Mall Commission, Ms. Snell stated this has been gone over for years and is still at an impasse. By spring, the City could have a more complete package to offer the voters. Andre Ulrych noted this has been discussed for 4 years, and he would like to get an opinion from the voters. The City is not tied to anything at this point. Marv Jordan said the important criteria on the malls was parking and delivery service. These issues have not been solved yet. The way the existing mall is working and expansion! are not necessarily the same two thoughts in the voters minds. Many people may like the existing malls but do not want to see an expansion. Plumley told Council the positive sentiments of the Mall Commission are toward a total plan for the downtown area. The Mall Commission would welcome getting involved with the P & Z and Council for total planning. Councilwoman Johnston asked if the Council was technically obligated to an election. Mayor Standley said technically, no, but if they did not have an election would probably face a referendum. Councilman Wishart said beforel the Council started on the process, he would like to know what the rest of the town thinksl Councilman Isaac moved Council put off the vote until the study by PBQ&D is completed and the Council has gone through the public hearing pro~ess on a plan for a May election; seconded by Councilman Van Ness. Councilman Parry asked if this would leave the parking question on the ballot. Mayor Standley pointed out the PBQ&D study gives Council the answer; 75 per cent of those asked say the City needs parking. City Attorney Stock said it is too late to add another question to the ballot, and if the question is modified; it may be interpreted as a new question. Councilman Isaac said the study has shown that 3:1 the local residents want a parking structure. Mayor Standley said the parking structure, design and location should be part of the total design question for the mall question in the spring. All in favor, with the~exception of Councilmembers Johnston and ~ishart. Motion carried. Mayor Standley suggested setting a work session after budget with P & Z and the Mall Commission to come up with how to proceed with the planning and programming of the mall. Councilman Van Ness moved to take the parking question off the ballot; seconded by Council man Isaac. Councilman Parry said the Council admits there is a parking problem, and the Council is doing something about it. All in favor, motion carried. VISUAL ARTS FUNDING Nick de Wolfe told Council they would soon be discussing the budget for the Visual Arts !iVisual Arts Board and for the renovation of the Holy Cross building, de Wolfe said the renovation il Funding budget would be a large one, and he proposed to offer to the City a $100,000 loan to per- ilNote frc~ mit the City to have payments over a period of time. de Wolfe said he would accept 4 per fide Wolfe cent interest the first year; 5 the second, and 6 per cent the third year. This would allow the Visual Arts Board to get on with the bUilding. Ms. Butterbaugh told CoUncil shel and the City Attorney had done research and determined there is no problem having this tax-free loan, but they will have a document for the IRS. Ms. Butterbaugh told Council the best estimates of the Visual Arts Board is that the total remodel will cost $354,000. There will be an additional $40,000 for the sewer and water in view of bettering the system in that area. The Council had provided $125,000 for the building last year, and de Wolfe's offer to finance $100,000, there is a remalnlng~ need for about $145,000. de Wolfe said this was an offer on his part to get the building going. Mayor Standley suggested Council take the offer and put it in with the anaylsis and budget meeting on how to finish the building. NIGHT FLIGHTS City Manager Mahoney said he would like Council to discuss this and perhaps send a reso- iNight Flights lution to the County Commissioners stating their feelings. The Commissioners have not had a chance to hear from the City of Aspen Council on their position. Mahoney said as an economist, he felt there were some mistakes being made if night flights are closed off. The business community will be hurt, as profits come off the top. Councilman Isaac said he felt the impacts on the City, especially from a ground traffic standpoint, will be incredible, and favors extending flights until some limit, like 8:30 p.m. Councilman Van Ness agreed. Ernie Ashley, Chamber of Commerce Board, said it would be helpful if the Council would take a stand on this. The Chamber is prepared to put this on the ballot. Ms. Ashley said this is not to bring in more people, but to transport people who have had reserva- tions for months. This is also a question of hasseling the visitors, and a convenience to residents of Pitkin County who conduct business in Denver. Jeri Fox told Council the Chamber was going to go before the Commissioners the next day to ask this be on the ba~ot~ Mayor Standley said he had no problem supporting night flights, as it is ludicrous to consider not having night flights. It does not relate to anything. Mayor Standley said he felt night flights were in the best interest of the cOnmlunity. Councilwoman Johnston pointed out the community had managed with just a small twin otter. Opening it up to both airlines cannot help but be a growth thing. Councilwoman Johnston said she felt this was getting one step closer to a big city syndrome. Ms. Ashley said tourists who can't fly in come by rental cars. The Chamber is not advocating building more lodging, just making it easier to get here. Councilman Isaac moved that the Council urge the County Commissioners to put to a vote the night flight issue and have City Attorney Stock draft a resolution for support of night flights for the next meeting; seconded by Councilman Van Ness. All in favor, with the exception of Councilwoman Johnston. Motion carried. RESOLUTIONS AUTHORIZING PROPOSAL FOR SUBMISSION Councilman Isaac moved to read Resolution #20, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. RESOLUTION #20 (Series of 1978) Res.20, 1978 Authorizing WHEREAS, the City of Aspen, Colorado, is the owner of that certain Proposal for building known as Armory/Fraternal Hall, situated on Lots K, L, and M, Submission Block 93, City and TownSite of Aspen, State of Colorado; and City Hall WHEREAS, the stability and weather resistant condition of the building repairs is threatened by material deterioration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; That is does hereby approve the filing of a grant application, pursuant to the terms and conditions provided for in the National Historic Preservation Act, for the purposes of reestablishing the structural stability and arresting the material deterioration of the exterior walls and of reestablishing a weather resistant enclosure and replacing the material deterioration of the roof. BE IT FURTHER RESOLVED, That it does hereby authorize the City Manager to file the same in the City's behalf and to represent the City of Aspen and to act in connection with the application in matters of contracting, spending, and reporting was read by the city clerk. Councilman Isaac moved to adopt Resolution 920, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Isaac moved to read Resolution ~21, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. RESOLUTION #21 (Series of 1978) WHEREAS, the City Council has been presented with a Recommendation for the Long Range Use of the Wheeler Opera House by the Communities Facilities Res. 21, 1978 Board, and A Recommendations Report by the Wheeler Task Force; and Su~nission WHEREAS, the Communities Facilities Board and the Wheeler Task Force Wheeler Opera did recommend the purchase of the two lots adjacent, to the Wheeler Operas House r~pairs House for an addition to the structure thereby enhancing its function as a perfOrming arts facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby approve the filing of a grant application, pursuant to the terms and conditions provided for in the National Historic Preservation Act, for the purpose of acquiring Lots P and Q, Block 81, City and ToWnsite of Aspen, Colorado. BE IT FURTHER RESOLVED, That it does hereby authorize the City Manager to file the same in the City's behalf and to represent the City of Aspen, Colorado, to act in connection with the application in matters of contracting, spending, and reporting was read by the city clerk. Mayor Standley noted the problem has been the City and seller cannot agree on a price. How can the City apply for a grant application on a non-figure. Mayor Standley pointed out to Council if the City buys the property, the lease is terminated. Councilman Parry asked if the City planned on putting a building on these lots. Mayor Standley answered this is only for an elevator shaft and will only infringe about 10 feet. City Manager Mahoney said he would have John Stanford deal on the price and grant for the City. Councilman Isaac moved to approve Resolution ~21, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. CONDOMINIUMI ZATION POLICY City Attorney Stock told Council a change in the ordinance would be to have a demonstra- tion required of the applicant that they are not reducing the supply of low and moderate income housing made at the time of initial consideration by COuncil instead of at the P & Condcx~niumizatii Z. Paragraph 2 is changed to avoid a loophole in the current ordinance and would require Policy evidence that illustrates that tenants have not been made to move involuntarily within the preceeding 18 months prior to application. Paragraph 4 would be added to show evidence that the rental price would not be increased substantially after condominiumization. A problem with the current ordinance is that the application does not prove that they are within low and moderate housing and does not prove they are taking housing out of this market by condominiumization. Paragraph b is recommended to change that with if that proof is not made, Council may refuse to condomiumize or table and request another proposal. Mayor Standley said he had a problem on the elements that would constitute prima facie evidence, and felt that identifying current guidelines for low, moderate and middle incomel housing are not restrictive enough. Mayor Standley said he felt it should be prima facie evidence that the tenants could prove that they are permanent residents of the community in lthat income. Stock said at this point, he had not been able to come to a definition of exactly what low, moderate and middle income is. Stock t01d Council applicants with vacant land will be able to go through the process very quickly. Other applicants may state they have historically rented on a short-term basis with records to prove that; they may also tell the Council their price is so high is cannot be considered low and moderate housing. Stock told Council they would have to make price determinations. Jeff Sachs told Council he liked these guidelines, and if Council is going to make under GMP developers put in specific proposals, then Council shoUld be prepared to live by them. If Council puts income levels in the ordinance, it would be encouraging developers to discriminate in favor of higher income tenants. Gideon Kaufman told Council that applicants with duplex-size condominiumizations have no flexibility. There are built-in inherent advantages if there is a large project. Kaufman pointed out to Council that new owners will have such high purchase prices, they will be out of low and moderate income housing. Someone who has owned a project for a long time and has collected low rents will be penalized by this. Kaufman stated the data which supports the jump in sales prices is from larger conversion projects. Small conversions are an important way one segment of this town and afford housing. KaUfman said there is very little as far' as dupleXes and small units left to be converted in this town. Kaufman told Council that condominiumization is a very small factor in the inflation in Aspen over the last couple Of years. Kaufman told Council that under the GMP amendments they have a direct way to deal with the employee housing problems, to exclude employee housing from growth management. Mayor Standley said these guidelines have to be broader base than the GMP guidelines. There is a lot of housing here that is bonafide permanent residential housing that will not come close to meeting ~he guidelines, but it should stay in the housing market for permanent residents. Mayor Standley said the GMP is a means of playing catch up. The Council should treat every piece of housing in Aspen as potentially a housing unit, and to figure out whether it should be keep in permanent housing. Also, there is a six month rental restriction in the R/MF zone, and this is going to be enforced. Sachs said he felt the ordinances have to be consistent; if there is a definition in this ordinance tha~ is different from that in the GMP ordinance, that would be asking for trouble. Mayor Standley said this is dealing with two different things; already in place housing, and the opportunity to build something. Stock pointed out to Council this resolution is to address the question of whether the condominiumization reduces low or moderate income housing. Council will have to define what is low and moderate income housing, they can adopt this or define it on a case by case basis. Frank Woods noted to Council under these restrictions, property owners would have no inducement to condominiumize into, perhaps, employee hOusing. People will ask for high rentals, and drive out the tenants so they will not fall under the criterium. Mayor Standley pointed out this does include 18-month prior history for rental. There is a basic conundrum between what are the problems of the community; is it more tourist and absentee ownership, or is it to be a community, there has to be permanent residents. Stock told Council the GMP has the right approach, trying to entice people to build low, moderate and middle income housing. In condominiumization ordinance, the Council is try- ing to hold onto the market. The proper approach for this would be to try to entice property to move into the low and moderate income housing, to increase the supply. Councilman Isaac said he felt this was an improvement over the present ordinance, but perhaps was not the best approach. Ms. Vrchota, planning office, told Council there would be a public hearing at the P & Z November 7. Councilman Parry said he did not like this and would like to start over with something more workable. Stock said the Council would have to change their approach, to stop trying to keep in low, moderate and middle income housing and try to create an incentive program for people to stay there or put new proper~y in that category. Stock outlined the alternative; leave Ordinance 53 the way it is and let the moratorium go and work on the incentive program, or band aid Ordinance 53 with this and have the Council tell the staff they want an incentive program. An incentive program will take many months and talking to many people. Councilwoman Johnston said she felt this was a way to buy time, but is not satisfied with it as a solution. Councilman Wishart moved to send this to P & Z so that it can get to a public hearing process; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~33, SERIES OF 1978 Rezoning Lots 12 and 13, West Aspen Filing Mayor Standley opened the public hearing. Jeffrey Sachs, representing some adjacent i~Ord. 33,1978 property owners, suggested this be delayed until after the election. If the bonding passes, this would be improperly rezoned. : Rezoning Lots and 13, West Aspen Subdiv ~ Mayor Standley said the Council would hold the public hearing and delay the second reading of the ordinance until after the election. Chuck Lyons asked what happens if both questions fail at the ballot. Mayor Standley said it means people are not interested in buying Aspen One. Lyons told Council that people who signed the petition against the land trade were 20:1, and lived all over town. There is a lot opposition to this. Lyons presented a map with marks indicating where the signers lived, and a petition with 350 signatures. Lyons stated that taking open space and trading it for other open space does not make sense to a lot of people. Edeltroude Lyons asked why the Council has to get Aspen One now. This has been on a,list for four years; the value has gone up. Right now the City does not have the money, but they have bought open space. Mayor Standley said the City has been working on this for four years. Carol Diffenbach said it was their understanding from the City this land would be left as open land and that the City had never rezoned public land. Ms. Diffenbach said she felt the City is going back on its principles, and this should give serious consideration to everyone who lives near public land. Pamela Gassman urged the Council to vote against the rezonlng and settle the question. Ms. Gassman said she vo~ed for the Council, that they would uphold what was right. She aslo voted for the purchase of the golf course and it was a good idea to be buying open space in the City. These lots are right in the golf course property. Ms. Gassman said if the Council goes back on its works and turn the land into R-15, she does not feel the Council can be trusted. Mayor Standley read a letter into the record from Katherine Reid objecting to the rezoning of the lots as they are part of the golf course and are open space. Pat Hodgsen, property owner in the west end, said she felt it was a dangerous precedent being set by rezonlng this property. Kay Taylor, resident in the area, said Council is setting a dangerous precedent when they start rezoning open space set aside for a particular purpose for commercial uses. Andy Di Sabbitini said he did not feel there is enough room taking into consideration the expanding of the fairways. Many residents are very against this swapping. There should be another 30 feet for the golf course. Mayor Standley closed the public hearing. Councilman Wishart moved to table the reaazng of Ordinance $33, Series of 1978, until after the election; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~34, SERIES OF 1978 - Annexing and Rezoning Aspen Club Mayor Standley opened the public hearing. Mayor Standley said when Council approved the Ord. 34, 1978 petition for annexation, it was said the City's zoning is more restrictive than the Annexing & County's. Jim Reents, planning office, said the P & Z had taken action to rezone the Rezoning tract RR/PUD. Within the City, except for the C, conservation, district, there is no Aspen Club zoning directly matching AF-1, which is a l0 acres minimum lot size. Ashley Anderson reminded Council the petition for annexation was done in March. It was unfeasible to do what they wanted, so they tabled the proposal. Ms. Smith suggested that Council condition this upon its not creating a separate development site. Reents told Council the engineering department has no problems with the application but would like to see Ute avenue, which is currently an easement, be a dedicated right-of-way. Reents said this also could be conditioned up not creating a separate parcel except by the subdivision process. Anderson said they would like to get this annexed; there are no immediate plans for anything. This may be used for tennis courts. Mayor Standley asked what the rationale of having Ute Avenue become a public right-of-way is. Reents said that City Engineer Dave Ellis is uncomfortable about having a private access to most of the Aspen Club. Mayor Standley closed the public hearing. Councilwoman Johnston moved to table Ordinance $34, Series of 1978, until the Council has Ellis' comments; seconded by Councilman Wishart. All in favor, motion carried. QRDINANCE $35, SERIES OF 1978 Liquor License Code Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 35,1978 Liquor License Councilman Isaac moved to read Ordinance $35, Series of 1978; seconded by Councilman Code Parry. All in favor, motion carried. ORDINANCE $35 (Series of 1978) AN ORDINANCE RELATING TO LIQUOR AND BEER LICENSING AND THE CONDUCT OF LICENSED PREMISES; REPEALING AND REENACTING CHAPTER 4 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilman Parry moved to adopt Ordinance $35, Series ~of 1978, seconded by Councilman Councilman Van Ness pointed out in this ordinance that open containers ina car are illegal; state law does not prohibit this. Councilman Van Ness said it seemed to him to be opening dorrs to abuse by the police. If the driver is under the influence, there are Reqular Meetinq Aspen City Council October 9, 1978 laws to take care of that problem. Stock said this ordinance is a standard liquor code, and it is generally accepted that drinking and driving have no place together. Roll call vote; Councilmembers Isaac, aye; Johnston aye; Parry, aye; Wishart, nay; Van Ness, nay; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Scheduling Budget Meetings. Ms. Butterbaugh reminded Council they had arranged to hear requests for contributions Tuesday· October 10 and Wednesday October 11. The meet- ing Wednesday will be held with the County in the District Courtroom. The meeting i!Budget meetings Tuesday will be to discuss City-only contributions. Besides these two meetings, the Council will have to have a meeting to discuss capital budgeting. This was scheduled for Tuesday, October 17. ORDINANCE #38, SERIES OF 1978 - Electric Rates City Manager Mahoney said he would like to have this tabled as he would like to work Ord.38, 1978 through one more element of this. Electric Rates Councilman Parry moved to table Ordinance ~38, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. RESOLUTION ~18, SERIES OF 1978 - Housing Price Guidelines City Attorney Stock told Council these are the work of many people and many sessions, andp~s. 18,1978 are more than just proposed housing price guidelines. They are changes to the GMP. Housing Price This essentially creates a price for rental and for sale based on square footage in low, Guidelines moderate and middle income ranges. There is a recommendation for the limitation on the amount of square footage that could be built, a minimum and a maximum. The old ordinance gave points based on units, which gives no benefit for anything larger than a studio. The staff is recommending giving points based on percentage of the total development restricted to either low, moderate or middle income; ~2 for 5 per cent in low, 2 points for each 10 per cent in moderate, 2 for each 15 per cent in middle income price guidelineS. This 5 per cent means both 5 per cent for the total square footage of the development and 5 per cent of the total number of bedrooms. For the purpose of this calculation, a studi. is one-half a bedroom. Stock pointed out the most controversial aspect of the changes is modifying Sec. 24-10.10 to say those housing units that are deed restricted to these price guidelines are not c~unted as part of the GMP allotments. This means there could be any number of employee development, althoUgh they still have to go through the approval process. This is not completely unrestricted, as the lack of vacant land in the City will hold down construc- tion. Stock told Council if they adopt these guidelines, they will have a good housing program; someone will have to watch the developers and the property. Councilwoman Johnston suggested as an alternative, taking employee housing out of the GMP allotment for a time restricted period to see what kind of housing the City would get. Jeff Sachs pointed out the time restriction to the life of the youngest corporate member plus 21 years, and felt this had room for abuse. Sachs suggested the Council find a number of years for this restriction that could apply to all developers. Stock said he was still working on a number; this formula is supposed to give the longest legal time. Gideon Kaufman said he felt the proposal to exclude low and moderate housing is excell- ent and addresses the problem directly. Kaufman said he felt this will create employee housing for the first time. The problem with the scoring system is that is assigns points only to deed restriction and precludes creativity. There should be some points given to people who can restrict for a long period of time, but not forever. Another concern is the possibility of incentive for people to maintain their units; a mechanism should be built in for not having the units turn into a dump. Kaufman pointed out that in Sec. 4 ties housing to the Denver Housing and Wage pricing controls. Kaufman said this needs some kind of Aspen input into the inflationary system to be tied into. Sachs suggested that points be made available on an incentive to a developer who is willing to carry 90 or 100 per cent financing for sale. Stock agreed at some point in time Council has to figure out an incentive to get landlords to keep up the units. The other alternative is to give some sort of points for unique financing to allow locals to purChase. This needs to be discussed with staff and other people. Mayor Standley said he liked the ordinance, but had problems with the resolution Mayor Standley said he had problems with the rental price on a square foot cost as opposed to a range of monthly dollars. Councilman Van Ness asked what happens to in-between prices. Stock said the applicants have to agree to one of the three price ranges. Mayor Standley said at .36 cents a square foot for a 600 square foot studio, this may be elimi- nating low income housing. Stock said he had talked to developers, attorney, and con- tractors to come up with these prices. These buildings would be the bare minimum. Stock said taking these prices out with taxes and renting , the money that could be realized would be 7 per cent on low income and 9 per cent on middle as profit. Mayor Standley noted this was without financing and would not show a profit. Stock said if developers were attaching low income units to free market units, they could financially do that. In moderate and middle income housing, they could be developed without being attached. Mayor Standley pointed out there is no free market quota for two more years. Stock said there are four classifications; low, moderate, middle, and open. They know where the open is; for low income, they tried to shoot for the cost of development. The moderate and middle fall equi-distant between the other two. Mayor Standley asked what the incentive to do this is. Stock Said people can build immediately, and can attach in 1980 the free market units and obtain points so that they get to build. Mayor Standley said these housing units would be considered retroactive element of the GMP application; this would be the only way Council could expect to get action on this. Regular Meeting Aspen Jeffrey Sachs suggested g~v~ng density bonuses ~n the R-6 zone for bona fide PMH projects. Gideon Kaufman said he was concerned about the little guy being shut out. There needs to be points given to creative financing, and perhaps consider a different category so that the little guy competes only with like. Stock told Council the staff was looking at a employee housing overlay district, and also at the possibility of subdivision that may be annexed and are developable, the development would be in the low, moderate and middle Housing Price income housing. It could be required that as people subdivide, they sell a certain amount Guidelines of the property to the housing authority. If 70 per cent of the employees in the community are in the low income category, the Council would want a policy to create 70 per cent housing in the low. Councilman Wishart moved to read Resolution ~18, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~18 (Ser~es of 1978) WHEREAS, the City Council is required to establish housing price guidelines on or before October 15 of each year for consideration in granting points within the terms of the Growth Management 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 the year 1979: Low Moderate Middle Income Income Income Rental Price $.36/sq.ft. $.47/sq.ft. ~.58/sq.ft. Sales Price $45/sq.ft. $53/sq.ft. ~61/sq.ft. Section 2 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 3 That the above-adopted rental price terms include the base property tax assessment. Increases in property taxes above those assessed in the base tax year may be assessed, pro rata, in addition to the rental price adopted. For the purpose of this section of the property taxes assessed in the base tax 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 ~ssuance of the final certificate of occupancy for the property, whichever is greater. Section 4 That the above-adopted housing price guidelines shall be modified from year-to-year in an amount equal to the increase or decrease in the National Housing Index averaged with the increase or decrease in the Denver Regional Housing Index. Such modification shall be made by the Council, or its desig- nated administrative officer, on or before October 15 of each calendar year. Section 5 As the price guidelines are modified from year-to-year within the terms of Section 4 above, they shall, as modified apply to low, moderate and middle income housing previously approved as well as to those applications seeking approval under the Growth Management Plan. However, the provisions of this section notwithstanding, the rental price of any unit may not fall below the rate established in the year in which the project application received Growth Management approval was read by the City Clerk. Councilman Parry moved to adopt ReSolution ~18, Ser~es of 1978; seconded by Councilman Van Ness. Councilman Isaac asked if Council felt that the Denver housing index was appropriate. Mayor Standley said he would like to use something else or along with, but did not know what was appropraite figure. Councilman Van Ness agreed he would like to see this drafted in a way that would enable Council to use a more accurate index if one came along. Stock said he had specifically avoided the CPI because it is too low, and went to the housing index because they are supposed to cover the cost of housing with inflation. Stock said the staff was aware the Denver index was less than inflation price in Aspen. Councilman Van Ness said his real concern ~s to get housing built; the prices could be adjusted by different indexes. Mayor Standley suggested tying this into the fiscal year average treasury bill, which represents a safe investment. All in favor, motion carried. The enclosed ordinance #39 is proposed to~c~ry out these guidelines and will be re-submitted to Council after it it taken to~. /~ Councilman~Isaac moved to approve this as to form and content as the Housing Authority and send it to P & Z for comments; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Isaac moved to adjourn at 9:10 p.m.; seconded by Councilman Parry. All in favor, motion carried. Koc , ~ty Kathrg~'S~. ' ' Clerk