HomeMy WebLinkAboutminutes.council.20000711Special Meeting Aspen City Council July 11, 2000
Jackie Kasabach, Chairperson, called the Special Joint meeting to order at 8:00
p.m. with Council Rachel Richards, Terry Paulson, Jim Markalunas, Tom
McCabe and Tony Hershey present; Shellie Roy Harper, Leslie Lamont and
Mick Ireland were present representing the Board of County Commissioners.
Also present were and Steve Barwick, City Manager; and Suzanne Konchan,
County Manager. Jackie Kasabach, Tim Semrau, George Burson, Patrick
Sagal and Steve Elliott were present representing the Housing Board. Staff
members present were Mary Roberts, Executive Director; and Cindy
Christensen, Operations Manager. John Ely, County Attorney; John
Worcester, City Attorney; and Tom Smith, legal counsel for the Housing
Authority were also present. The July 11, 2000 Special Meeting was held in
City Council Chambers, City Hall.
Ireland moved for the BOCC to go into Executive Session to discuss potential
litigation on the advice from legal counsel; Lamont seconded the motion. All
were in favor.
McCabe moved for the City Council to go into Executive Session to discuss
potential litigation on the advice from legal counsel; Hershey seconded the
motion. All were in favor.
Semrau moved to go into Executive Session to discuss potential litigation on
the advice from legal counsel; Burson seconded the motion. All were in favor.
There was a motion from each entity to come out of Executive Session and it
was seconded. The BOCC, City Council and Housing Board came out of
Executive Session at 8:35 p.m.
ORDINANCE #29, SERIES OF 2000
- Housing Guidelines
Mary Roberts, housing director, stated that the community has modified the
Guidelines for easier understanding and use. There are three major sections:
Rental, Sales and Development.
Roberts stated that she will only be discussing the items where there is a
change in policy. The first is on page 4 and relates to the maximum incomes
for rental units. Some individuals that two adults, making a decent wage,
could not live together in a two-bedroom unit had approached the Housing
Board. The Board is recommending that the incomes be increased for rental
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Special Meeting Aspen City Council July 11, 2000
units only. The increase related to the housing survey that was done last year.
This did not affect how the rental rates would be charged for the units. The
BOCC and City Council had no problem with this request.
The next major policy change revolved around short-term rentals to non-profit
groups; i.e., MAA faculty, Aspen Center for Physics. This change would
allow an owner of a unit to take a short leave of absence and rent their unit out
to an individual associated with a non-profit group. The owner would have to
obtain approval by their Homeowners’ Association and the rent that can be
charged would still be limited as to what has always been stated in the
Guidelines. The BOCC and City Council supported this change.
The next major change related to the selling of the RO units. Due to the
possibility of “under the table” deals, the Board is recommending that all
future RO sales be done through the Housing Office by the lottery system.
Harper stated that she does not agree with this change. This is one product that
someone can get without going through the lottery process. Kasabach stated
that when the Board discussed this issue, they felt that it was better to be
consistent on how the Category and RO units are handled. Harper stated that
the RO units do not require a subsidy. Kasabach stated that they do receive a
subsidy – a growth subsidy. Harper stated that this would be in violation of
the anti-trust law that the Housing Office would handle all the sales of deed-
restricted housing. Richards stated that when City Council and the BOCC
were first talking about the RO program, the original intent was that the RO
units would be available through the lottery upon resale. Lamont agreed.
Semrau stated that with the possibility of corruption on the resale of the units
by doing under the table deals, the Board felt that this was the only way to go
to eliminate any possibility of favoritism. Kasabach stated that there are
loopholes in the RO program and this should eliminate some of those
loopholes. The majority agreed to this change, with the direction that Staff ask
legal counsel if this would be in violation of any anti-trust laws.
Harper asked why the maximum cost of an RO unit is only $450,000. She
suggested taking the cost of the land and using a specific square footage cost to
come up with a maximum price. Semrau stated that the square footage cost
would be too difficult because it changes as to the location of the project.
Harper wanted some type of an incentive for people to build larger RO units.
Semrau stated a developer couldn’t go smaller than a certain size and ask for
the $450,000. The cap makes it easier to administer.
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Special Meeting Aspen City Council July 11, 2000
Roberts noted the next policy change relates to the leave of absence policy. If
someone wants to take a short-term leave, of less than three months, they
could request such a leave from the Housing Office, get approval from their
Homeowners’ Association, and rent their unit on a short-term basis to a non-
profit group.
Roberts pointed out the next issue relates to information and policy that was
taken out of the City of Aspen Municipal Code. Staff will pursue reviewing
pages 30 through 33 with the Community Development Department to see if
some of this information should be incorporated back into the Land Use Code.
The Housing Board has also recommended changing the length a dependent
has to live with a parent from 183 days per year to 180 days per year. After a
brief discussion, the Boards also decided that in order for a child to be counted
as a dependent that child should be 18 years of age or under. Therefore, the
days with a parent were decreased along with the age a child can be counted as
a dependent.
Roberts stated that these were the major policy changes being recommended
by the Housing Board. Harper reiterated her concern over the recommended
policy change for the resale of RO units. She feels that the program may lose
some people and that this could be very destructive. Richards stated that
essentially the change is taking out the possibility of a popularity contest.
Semrau stated that RO product is getting scarcer and that there will be deals
going on under the table. This is the only solution that worked in eliminating
any type of fraud.
Barwick stated that his concern is that the sales prices are not high enough.
The inflation rates are too low on the sales and rental rates. Roberts stated that
the rental rates and sales rates were adjusted incorrectly and will be corrected
nd
by the 2 reading. Ireland stated that in the free-market, lenders are utilizing a
person’s income at a 33% rate where the housing program is using a 28% rate.
Kasabach suggested studying inflation at length and how it relates to Aspen.
Ireland stated that not everyone’s wages are moving up. Staff was directed to
look at this issue in depth over the next year.
Councilman Hershey moved to read Ordinance #29, Series of 2000; seconded
by Councilman Paulson. All in favor, motion carried.
ORDINANCE #29
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Special Meeting Aspen City Council July 11, 2000
Series of 2000
AN ORDINANCE ADOPTING THE 2000 AFFORDABLE
HOUSING
GUIDELINES AS RECOMMENDED BY THE
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
Councilman McCabe moved to approve Ordinance No. 29 (Series of 2000),
Adopting the 2000 Affordable Housing Guidelines as Recommended by the
Aspen/ Pitkin County Housing Authorit , with the recommended changes;
y
Councilman Hershey seconded the motion. Roll call vote; Councilmembers
McCabe, yes; Markalunas, yes; Paulson , yes; Hershey, yes; Mayor Richards,
yes. Motion passed.
Ireland moved to approve Ordinance No. 68-2000, An Ordinance of the
Board of County Commissioners of Pitkin County, Colorado, Adopting the
Aspen/Pitkin County Housing Authority 2000 Guidelines, with the
recommended changes; Lamont seconded the motion. Lamont, Ireland and
Harper voted yes. Motion passed.
There were motions to adjourn and they were seconded. The Joint Meeting
adjourned its Special Meeting at 9:45 p.m.
Kathryn S. Koch, City Clerk
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