HomeMy WebLinkAboutminutes.council.19970616AsOen City Council Continued Meetin~ June 16, 1997
Mayor Bennett called the continued meeting to order at 6:30 p.m. with
Councilmembers Richards, Markalunas, Vickery and Paulson present.
ASPEN MOUNTAIN PUD
Councilman Paulson moved to continue the Aspen Mountain PUD to August 18;
seconded by Councilwoman Richards. All in favor, motion carried.
Councilman Vickery said it seems to him that this should be renoticed. City
Manager Margemm agreed this would be a good idea. Staff tried to contact people
that are interested in this development to let them know what is happening. Ms.
Margemm said there is also a request to do a site visit. The last site visit was in the
winter and there are new Councilmembers. Council scheduled this for August 12.
Ms. Margemm said the first hour of the August 18th meeting will be a review of the
project history.
City Attorney Worcester noted for the record that John Sarpa, representing the
applicant, had no objection to continuing the meeting to August 18.
KSNO DEED RESTRICTION FOR AFFORDABLE HOUSING
REPLACEMENT
Dave Tolen, housing office, reminded Council the housing board recommendation is
to accept lifting the deed restriction for the two-bedroom unit at KSNO in return for
deed restricting a flee market unit elsewhere in town. Council was concerned about
the deed restriction on the remaining 4 studio units in the KSNO building. The
housing board recommended permanent deed restriction on all 4 studios in return for
trading on the two bedroom. The applicant proposed the trade on the studios on a 3
for 2 basis, they would provide 3 comparable units elsewhere for 2 of the studios.
Council suggested a permanent deed restriction on 2 of the studios, leaving a 32
year deed restriction on the other two studios, and allowing the 3 for 2 trade on the
other 2 studios. The housing board still recommends the deed restrictions on the 4
studios be permanent. Tolen told Council the housing board is concerned because
this creates new flee market units without any review under growth management.
Lennie Oates, representing the applicant, said at the end of the last Council
discussion, the agreement was for 2 permanent deed restrictions and 2 for 32 years
with the 3 for 2 exchange provision. This is acceptable to the applicant. Oates
stated he does not agree with the argument this is creating new flee market units;
AsOen City Council Continued Meetin~ June 16, 1997
they are replacing some flee market units with deed restrictions. Oates said in
determining whether the trade out units were comparable, the applicants listed
condition, size and location. Staff added fair market value as one of the criteria.
Tolen said lifting the deed restriction at the KSNO building is creating units of much
higher value. Anything traded for should be of equivalent value to the value created
by having a flee market unit at KSNO. John Worcester, city attorney, said
condition, size and location go towards the issue of a comparable unit; however, the
city needs to look whether this is a fair deal. Oates asked whether the value of the
acquired flee market unit or the deed restricted unit should be what is being
appraised. Worcester said the city wants a unit comparable to the unit with the deed
restriction released. Worcester said it would be fine to state "the fair market value
of the units as deed restricted units" so the comparison is the same. Councilwoman
Richards suggested which category these will be should be part of the contract.
Tolen said the agreement reads that the units will be restricted to the same housing
category which the existing units are restricted to, this is category 1 and category
2.5 (between 2 and 3). Oates said he will have to check with his client about the
"fair market value".
Councilwoman Richards moved to attthorize the city attorney to continue to work
out final language relating to the value of the potential swap out of units in the fitture
and to accept the offer of the new purchaser to remove the deed restriction on the
penthouse with comparable units being bought and deed restricted and 2 of the 4
studios be permanently deed restricted and swapped with comparable units, in the
fitture and bring this agreement back on a consent calendar in final form; seconded
by All in favor, motion carried.
Dave Tolen is to act as the arbiter only if the city say it is not satisfied.
Councilwoman Richards moved to go into executive session at 7:05 to discuss
potential property acquisition and potential litigation; seconded by Councilman
Markalunas. All in favor, motion carried.
Councilman Markalunas moved to come out of executive session at 8:10 p.m.;
seconded by Councilman Vickery. All in favor, motion carried.
Councilwoman Richards moved to appoint Jim Markalunas to the Roaring Fork
Railway Holding Authority Board; seconded by Councilman Paulson. All in favor,
motion carried.
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AsOen City Council Continued Meetin~ June 16, 1997
Council reviewed the slate of Council appoimmems. These are to be on the next
regular meeting.
Councilman Markalunas moved to adjourn at 8:30 p.m.; seconded by
Councilwoman Richards. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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