Loading...
HomeMy WebLinkAboutminutes.council.19970310Asoen City Council Regular Meetin~ March 10, 1997 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmember Waggaman, Richards, Paulson and Marolt present. PROCLAMATION - Girl Scouts Be Your Best Day Mayor Bennett and Council proclaimed March 1 lth as "Girl Scorns' Be Your Best Day" and urged citizens of Aspen to join the nation in Be Your Best Day by pledging to be their individual best. PROCLAMATION - Sunshine Kids Mayor Bennett and Council proclaimed March 10 through 16 as Sunshine Kids week and urged citizens of Aspen to welcome the Sunshine Kids to town. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilwoman Richards told Council she attended the annual Club 20 meeting. This group is working on a number of issues. They passed a resolution supporting the formation of a rural transportation district and are forwarding letters to state representatives. Club 20 is also supporting the reauthorization of ISTEA, including flexible fitnding. Councilwoman Richards said Club 20 is a good ally to the Roaring Fork Valley. 2. Mayor Bennett said he testified in front of the transportation committee in Washington DC and was well received by the Chairman of the committee. This committee decides if the Roaring Fork Valley gets $85 million towards transportation. 3. Amy Margerum, city manager, requested Council add to the agenda Resolution #16, a ballot question on the extension of the Real Estate Transfer Tax for the Wheeler and Arts Funding. This tax expires in 1999. Councilwoman Waggaman moved to add Resolution #16, Series of 1997, to the agenda; seconded by Councilwoman Richards. All in favor, motion carried. Asoen City Council Regular Meetin~ March 10, 1997 4. Amy Margemm, city manager, told Council the charette for Independence Place has been canceled. The meeting for the downtown enhancement pedestrian plan for April 15 was also canceled. These will be rescheduled. 5. Councilwoman Richards told Council she will be attending the annual CAST and state legislators session in Denver March 18th. CONSENT CALENDAR Councilwoman Waggaman moved to read Ordinance #9, Series of 1997; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #9 Series of 1997 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1993 COMMERCIAL/OFFICE GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 2, SERIES OF 1994, FOR 810 SQUARE FEET OF NET LEASABLE AREA AND GMQS EXEMPTION FOR THE PROJECT' S TWO ON-SITE AFFORDABLE HOUSING UNITS LOCATED AT 210 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Councilman Paulson moved to adopt the consent calendar; seconded by Councilman Marolt. The consent calendar is: · Resolution #15, 1997 - Contract - The Root Group Internet Hardware and Consulting · Kids First Revenue & Appropriation · Resolution #12, 1997 - 1997 Street Improvement Program - Elam · Resolution # 13, 1997 - Street Improvement Program - Intermountain Resurfacing · Resolution #14, 1997 - Solid Waste Hauling Contract, BFI · Ordinance #9, 1997 - Cap's Property Commercial GMQS Vested Rights Extension Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. 2 Asoen City Council Regular Meetin~ March 10, 1997 ORDINANCE #42, SERIES OF 1996 - Kastleic Property - Win LLC Vested Rights Extension Councilwoman Waggaman moved to continue this to April 14; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #8, SERIES OF 1997 - Landuse Code Amendments Mary Lackner, community development department, told Council the lighting regulations have been deleted and will be a separate ordinance. Ms. Lackner pointed out the definitions of artist' s studio, kitchen and bedroom have been amended since first reading. Staff recommends adoption of this ordinance on second reading. Councilman Paulson asked if this ordinance would deter the tattoo parlor from their present location. Stan Clauson, community development director, said the Tattoo Parlor requested a temporary use permit after the interpretation that a tattoo parlor would require a code amendment to allow it as a use in the city. Mayor Bennett questioned the artists' studio definition, "or other similar artist that require artistic skill" and suggested this be changed to "art that requires artistic skill". Mayor Bennett brought up Section 26.40.090 "detached accessory dwelling units are prohibited within the R-15B zone". Mayor Bennett asked if "detached" is necessary since ADUs are not allowed in R-15B. Ms. Lackner agreed to delete this. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Marolt moved to adopt Ordinance #8, Series of 1997, on second reading as amended; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #16, SERIES OF 1997 - Ballot Language Extension of Real Estate Transfer Tax John Worcester, city attorney, told Council this language would extend the real estate transfer tax which supports the Wheeler. The current tax expires in December 1999. This question would ask for extension for 20 years to December 3 Asoen City Council Regular Meetin~ March 10, 1997 2019. The ballot language is necessary because of the TABOR requirements and to advise the voters what the total cost of any tax would be. Councilwoman Richards said she supports putting this on the ballot. Councilwoman Richards said this should be looked at by the public. This will give time for education and debate on the issue. Councilwoman Richards said if this question does not pass, the city will need time to plan for fitnding, privatizing or selling of the Wheeler. Councilwoman Richards pointed out $100,000 of this income is dedicated to non-profit arts groups and Council will need to know whether to continue to budget for this. Councilwoman Richards said she feels the Wheeler is a perfect blend of a community and resort aspect without one overtaking the other. The Wheeler houses the visitor's center, which is a benefits businesses and visitors. Councilman Marolt said he is not a big fan of taxes; however, he supports this real estate transfer tax. Councilman Marolt said the taxes are paid by real estate transactions. Councilman Marolt said the Wheeler should stay within the realm of government. The Wheeler is a keystone to Aspen. Councilwoman Waggaman and Mayor Bennett said they, too, support this question and this tax. Councilwoman Richards moved to adopt Resolution #16, Series of 1997; seconded by Councilman Paulson. All in favor, motion carried. ASPEN COUNTRY INN AFFORDABLE HOUSING USES Dave Tolen, housing director, told Council the application to use the Aspen Country Inn for affordable housing has been submitted and is going through the referral and review processes. The issue here is use of the building. The housing office has developed a proposal to use the building as 34 category 2 and 3 ownership condominiums. There has also been a request to Council to use this site as senior housing. The Council referred this to the housing board. The proposal is that the city purchase the property and give a deferred loan for the development of senior housing; the balance of the financing would come from federal tax credits and private mortgages. Tolen said one issue is whether it is appropriate to use the housing day care fitnds for a project for a particular group. The housing board discussed this at length; one member felt setting this aside for seniors is similar to the set aside for families; two members were vigorously opposed to the set aside. 4 Asoen City Council Regular Meetin~ March 10, 1997 Tolen told Council seniors who worked in Pitkin County and have retired in Pitkin County are qualified for all housing units in the inventory. There was some concern that the existing housing may not be affordable or accessible to seniors. The housing board recommended to Council that the city continue the purchase process and the land use approval process as well as continue to explore some type of split of these units between seniors and other qualified households. John Derseaux, seniors independent project, said he looked into whether the asset limit requirement of the federal government would preclude seniors moving into housing fitnded by federal tax credits. Derseau said the asset limit set by the federal government far exceeds the asset limit set by the housing attthority guidelines so there would not be a conflict. Derseaux said on the question of need, Ramona Markalunas has gone over the list and discovered there are more than adequate number of seniors that qualify from both income and asset standpoint to fill up 40 units of senior housing. Derseaux told Council he was asked to investigate whether the project could be split, for sale units and rental unit or units split with seniors and families. Derseaux said separating for sale units in this project would not work very well. It would be difficult and would mn the subsidy per unit up over what the city would be willing to do. Creating a small portion of the units as family rental units and receiving federal subsidies is feasible. Federal fitnding will allow a mixed project provided all units are for rent. Federal fitnding would allow a for sale mix provided the buildings are separated by a lot line and are deed separately. Wendy Erickson, board of directors Pomegranate, told Council they do not want any neighbors next door. They thought this building would be tom down. The only thing that is palatable is the senior project. Ramona Markalunas told Council for several years the Pitkin County Senior Housing task force has been working to retain the senior citizens population in this community. Seniors have contributed a lot to Pitkin County, and they continue to work as volunteers for many organizations. In 1995, the Senior Housing task force fitnded a professional senior housing needs assessment which indicates 48 percent of Pitkin County seniors have an annual income under $25,000. This assessment indicates that this 48 percent of 1249 seniors qualify in categories 1 and 2 of the housing guidelines; however, this group only has 15 units of housing. Ms. Markalunas said the task force feels it is important to make it possible for the senior citizens to remain in Pitkin County among friends and family and to maintain a balance in this community. Asoen City Council Regular Meetin~ March 10, 1997 Ms. Markalunas pointed om that the life style of seniors differs from that of younger people. Most seniors desire a more quiet and relaxed atmosphere. Ms. Markalunas said she has 46 applications from seniors interested in housing. Ms. Markalunas requested Council support designation of the Pomegranate Lodge for senior housing. There is a proposal from KD Housing Associates; the task force is working with an architect who has experience in developing senior housing. A non-profit corporation has been established to establish a continuum of care for senior citizens. Councilwoman Richards said she understands if state and federal fitnds are used and if there are vacancies over 30 days, any qualified senior would have the right to move into a unit. Councilwoman Richards said this could mean eventually the building would be housing seniors not from Pitkin county. Desereacu said they could give Pitkin County Housing Authority priority to select tenants. The tenants would be selected through the Authority' s criteria. The issue is one only get tax credits, which syndicates have paid for, if the unit is occupied by a qualified tenant. Councilwoman Richards pointed om the hospital has set aside 10 units for seniors. The Pitkin County senior task force also asked John McBride for some units in his development. Jim Curtis, housing board member, told Council they voted to recommend to Council a mixed project. Curtis said he is very supportive of the project being set aside for seniors. Curtis noted the housing program is to help maintain a sense of balance in the community, and seniors are an important part of the balance of the community. Curtis said many seniors in this community have special needs and limited choices. Curtis said the Aspen Country Inn meets some of the special needs, like quietness and the ability to have a common room. Marry Ames, senior services director, said there has been a lot of discussion on whether seniors should live in a separate setting or integrated in the community. Ms. Ames said the seniors' needs and interests, support are requesting living among their peers. Ginny Willjams, Pomegranate owner, said they would like to have the seniors at the Aspen Country Inn. Ms. Willjams said the owners out there would like their community back. Mary Gleason supports this project being dedicated to seniors. Jane Wright also supports this project. Barbara Gary, Pomegranate resident, said they want the seniors to be next door neighbors. John Baker, architect with the senior group, told 6 Asoen City Council Regular Meetin~ March 10, 1997 Council he has been trying to pm together a project in Aspen. They have looked at 3 different projects; trying to create senior housing is very difficult. This project is ready to go, financing can be worked out and it is a worthwhile project for the seniors. Ruth Millay, Snowmass Village, told Council the community depends on seniors for their volunteer efforts. They have given a lot of time and energy to this community. Pat Hodgson said she has raised 4 children in this community and seniors have contributed a lot to their education and environment. Jim Markalunas said seniors need to be able to get into housing and not wait 10 or 15 years for a housing unit. Councilwoman Richards said the housing board recommended a mixed use project. The board recognizes the need for senior support. Edie Hutton said she understood the neighbors at the Pomegranate will only approve a use for seniors. Steve Barwick, assistant city attorney, told Council he has been working with representatives of the Pomegranate who have only lately expressed a preference for a senior housing project. The homeowners have indicated they will work with the city on what will happen to the Aspen Country Inn property. Ruth Harrison, teacher, said the community owes this project to the seniors. Ms. Harrison said seniors and school groups could work together on projects. Councilman Marolt said he would like to see some support for seniors in exemption on property taxes or special water rates to enable them to keep their properties in Aspen. Ellen Goldsmith said she supports the Aspen Country Inn as a senior project. Janet Garwood commented that many seniors would rather not be segregated but part of the community. Ms. Garwood said she has had many comments from the public about seniors living with other generations. Mick Ireland, housing attthority and County Commissioners, said he is supportive of seniors and has been working on a lower property tax. Ireland said very young workers also need some housing support. Ireland said the wages for lower incomes has declined. Ireland suggested people already in the housing program be given preference for this project. Ireland said he is disturbed by the point of view that people do not want to share resources or undesirable neighbors. Ireland said the housing crises applies to all ages. There are 375 on the waiting list for Tinscott. Councilwoman Waggaman said she is not comfortable with the Pomegranate telling the city what they can and cannot do and threatening a lawsuit. Councilwoman Waggaman said the Aspen Country Inn is a good place for seniors. The city also 7 Asoen City Council Regular Meetin~ March 10, 1997 needs more category 1 and 2 housing. Councilwoman Waggaman said she thinks it would be a good experiment to give these 40 units to seniors to see how they work and live together. Councilwoman Waggaman said seniors moving into this project will flee up housing for others. Councilwoman Waggaman said one of her concerns is that this housing will be filled with seniors from places other than Pitkin County. Councilwoman Richards said through the senior services, there already is a process for property tax abatement for qualifying citizens in Aspen. This only applies to the city of Aspen property taxes. Councilwoman Richards said this is a difficult issue. It takes a long time to develop housing projects. Councilwoman Richards said the community with a housing problem does not need acrimonious discussions on who needs housing more. Councilwoman Richards said the senior task force should also approach Snowmass and Pitkin County for housing subsidies. This project would be only city of Aspen money supporting senior housing. Councilwoman Richards said she does not have a problem with a set aside for senior-only project. The Marolt ranch is specifically seasonal housing; it is not designed for year round residents. Councilwoman Richards said it is important to take advantage of federal money. If the city can get federal money only if it is a senior project, then that should be done. Councilwoman Richards said this request for senior housing should be dealt with because it will keep coming up. Councilwoman Richards said no one group's needs are met by any project. Councilwoman Richards said everyone should be supportive of all age groups. The governments need to identify as many sites and bring as many projects on line as possible. Councilman Marolt said he is not against seniors or for discrimination. This has not been a problem in Aspen. Councilman Marolt said he favors the seniors having their own housing place. Councilman Paulson said he had the chance to live with grandparents. There is not much of a chance to do this in Aspen. Councilman Paulson said he supports this project in order to keep seniors in the community. Councilman Paulson said he hopes that this will not separate the seniors from the community. Councilman Paulson said he would approve a small mixture at this project. There is a large demand for category 1 and 2 housing in this community. Mayor Bennett agreed with trying to get a balance in the community; that is why there is a housing program. Mayor Bennett said the city and housing attthority has not talked about whether the needs of the seniors have been met. Mayor Bennett said seniors are the wisdom bearers of society and there would not be a society Asoen City Council Regular Meetin~ March 10, 1997 withore seniors. Mayor Bennett said there are 1,500 deed restricted units housing about 3,000 persons in this area. Many of these people will be seniors and may retire in their units. Mayor Bennett pointed out all deed restricted housing is available to seniors. Mayor Bennett said the issue is whether to restrict this project to only seniors. Mayor Bennett said his difficulty is the question of segregating seniors from young families and children. Mayor Bennett said he is willing to compromise on this project even though he is troubled about creating ghettos for any group of people. Mayor Bennett said his idea of community is people of all ages, children, families. Tolen suggested Council affirm the recommendation of the housing board which was to continue working with the senior group and develop a project to bring back for review, to get federal tax credits into the project and also explore a mixed of units with the seniors and the adjacent property owners. Mayor Bennett asked when a decision needs to be made. Tolen said one is to meet and work with the Pomegranate owners on a more refined development. Councilwoman Waggaman said she is concerned about trying to meet everybody' s needs in doing this project. Councilwoman Waggaman said issues that need to be answered are whether this project can get a federal subsidy, and can it be structured to not have seniors from outside Pitkin County in the units. Councilwoman Waggaman said a mix of only 2 or 3 families does not make sense. Councilwoman Waggaman said she is willing to jump in and try this project. Mayor Bennett said he issue is how to best serve the entire community. Derseaux said he will try to answer for Council whether this project can get a federal subsidy and how this project can be limited to Pitkin County Seniors. Council said they would like some sense of satisfaction of senior-only projects from other parts of the state. Worcester asked staff to find out what federal regulations would attach to receiving federal fitnds; what regulations might be in conflict with the city' s housing guidelines. Tolen said he will work with the seniors and with the Pomegranate and bring back the project that makes the most sense. Council agreed they are inclined to set aside part or all of this property for seniors. Councilwoman Waggaman moved to adjourn at 7:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. 9 Asoen City Council Regular Meetin~ March 10, 1997 Kathryn S. Koch, City Clerk 10 Asoen City Council Regular Meetin~ March 10, 1997 PROCLAMATION - Girl Scouts Be Your Best Day ...............................................1 PROCLAMATION - Sunshine Kids ........................................................................1 CITIZEN COMMENTS ..........................................................................................1 COUNCILMEMBER COMMENTS .......................................................................1 CONSENT CALENDAR ........................................................................................2 · Resolution #15, 1997 - Contract - The Root Group Internet Hardware and Consulting · Kids First Revenue & Appropriation · Resolution #12, 1997 - 1997 Street Improvement Program - Elam · Resolution # 13, 1997 - Street Improvement Program - Intermountain Resurfacing · Resolution #14, 1997 - Solid Waste Hauling Contract, BFI · Ordinance #9, 1997 - Cap's Property Commercial GMQS Vested Rights Extension ORDINANCE #42, SERIES OF 1996 - Kastleic Property - Win LLC Vested Rights Extension ................................................................................................................3 ORDINANCE #8, SERIES OF 1997 - Landuse Code Amendments ........................3 RESOLUTION # 16, SERIES OF 1997 - Ballot Language Extension of Real Estate Transfer Tax ............................................................................................................3 ASPEN COUNTRY INN AFFORDABLE HOUSING USES .................................4 11