Loading...
HomeMy WebLinkAboutminutes.council.19890123R a _M -~__-_..___-_A. e Cit Co c' _____3 u r -23.....1-98 PROCLAMATION - Francis Whitaker Day 1 CI T IZ EN COMMENTS 1 COUNCILMEMBER COMMENTS 3 CON SENT AGENDA 5 ORDINANCE # 47 , SERIES OF 1988 - Affordable Housing/Displace- ment 6 LIQUOR LICENSE RENEWAL - Andre' s 9 ORDINANCE #47, SERIES OF 1988 -Affordable Housing/Displace- ment 9 ORDINANCE #55, SERIES OF 1988 - Lone Pine Annexation 13 ORDINANCE # 1. - HER3E S__O~'_ 3-9-8-9 - Use Tax Agreement 14 RESOLUTION #2, SERIES OF 1989 - 0015 Harbour Lane Annexa- tion 14 RED ROOF INNS PROPOSALS AND PUD PROCESS 14 PRESENTATION TO COUNCIL DRAFT 1989 CLEAN AIR PROGRAM 17 RESOLUTION- - #1 - -~SERIHS - ~F- - 18-9 - Centennial/Hunter Creek Annexation 18 AIRPORT TAP FEE WAIVER 18 ENGINEERING CONTRACT - Shadow Mountain Trail 18 21 Regular Meeting Ashen Citv Council Januarv 23. 1989 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Isaac, Fallin and Gassman present. PROCLAMATION - Francis Whitaker Day Mayor Stirling and Council declared January 23, 1989, as Francis Whitaker day. Mayor Stirling said Francis is a citizen who cares enough to make his point known and is willing to spend the time and effort to make things better. Mayor Stirling read a proclamation into the record outlining Whitaker's accomplishments. Francis Whitaker said he has spent the major part of his adult life trying to preserve the environment. Whitaker said the golf course here does not have permanent protection. Whitaker said the Council should give Aspen's open space permanent protection. CITIZ EN COMMENTS 1. Laura Magus said she has been on a recycling task force for the last year. Ms. Magus said they are looking f or a recycling location and asked Council for help for a pilot project . Ms . Magus said the task force will take responsibility for this project. Councilwoman Fallin moved to put this on the February 13th agenda; seconded by Mayor Stirling. City Manager Bob Anderson said staff has been looking for a site and has been concentrating on sites in the county. Anderson said one site is behind the Red Roof and there are q uestions if this is appropriate. Anderson said there is a kick off campaign Wednesday, January 25 . Ms . Magus said the planning office has suggested a site on the Rio Grande. Councilman Isaac said Council will be discussed the Rio Grande SPA later on this agenda, and suggested discussing this issue. Councilwoman Fallin amended her motion to include the recycling site in the Rio Grande SPA discussion; seconded by Mayor Stirling. All in favor, motion carried. 2. Libby Ferguson, representing the Aspen-Vail Interconnect Ski, requested Council waive the banner fee. Mayor Stirling said Council not had made an exception on this fee, even for non-profit groups. Council agreed not to waive the fee. Ms. Ferguson said there will be a free evening at the Wheeler, Thursday, January 26, with ski memorabilia, 1950 ski legends and a 1950 FIS ski film. Ms. Ferguson said Friday, January 27, the ceremonial flag will be skied down Aspen Mountain and will be relayed along the Tenth Mountain trail from Aspen to Vail for the races in Vail. 1 Regular Meetnc~___ _ _- Aspen Citv Cou cil Januarv 23. 1989 3. Bob Hughes, representing Aspen Mountain Park II, petitioned Council to add an item to the consent agenda concerning the Pitkin Reserve subdivision. A few months ago Council approved an amendment to the Pitkin Reserve PUD agreement and plat. Hughes said that was a clarification to the agreement. Hughes said by calling it an amendment, this opened up other variables. Hughes said Council was concerned about public notice and about recording this to confirm what was done. Fred Gannett, city attorney's office, said staff recommendation was that this be done in the form of a PUD amendment. Gannett said this is a clarification of the FAR of two lots. Gannett said he is trying to come up with language that would be capable of being recorded in concert with the original PUD amendment but would not be an amendment. Councilman Isaac moved to put this on the February 13 agenda; seconded by Councilwoman Fallin. All in favor, motion carried. 4. Marty Pickett, representing Fine Associates the original applicant for 700 East Main (Mayor Stirling left due to a conflict of interest) , requested 30 minutes on the earliest Council work session to clarify the motion granting extension of time at the December 12th meeting. Councilwoman Fallin moved to put this on the February 6 work session; seconded by Councilman Tuite. Assistant City Manager Ron Mitchell told Council there are two major issues on this work session. Councilwoman Fallin withdrew her motion. Councilman Tuite moved to put this on the February 13th agenda; seconded by Councilman Gassman. Councilman Isaac said he f eels Council should not get caught between two parties. Councilwoman Fallin said they are asking for a clarification of Council's action. Fred Gannett, city attorney's office, said the issue is what was the motion. The transcript shows two additional units were imposed on the extension. The question is if this was Councilman Gassman's intent. All in favor, with the exception of Councilman Isaac. Motion carried. 5. Bill Efting, leisure services director, requested Council schedule a work session with the Wheeler Board. Council scheduled this for February 20th. 6. John Wilkinson, west end resident, told Council on January 10 due to the snow fall accumulation, the police department towed 11 vehicles on Bleeker street. Wilkinson told Council he had a problem with how the tow took place. The police department came in without notice and without putting up signs about towing. 2 Regular Meeting Aspen CitX Council - Januar 23. 1989 Wilkinson said some changes of city policy are necessary to help residents know that the towing policy will be implemented. City Manager Bob Anderson told Council any citizen who gets a ticket can go to the Municipal Court and have a tow hearing. Wilkinson said he has had a tow hearing. Wilkinson requested the staff make an amendment to the towing policy in Aspen, like putting stickers on cars warning of a tow. Fred Gannett said if Council requires blanket notice, this would not be a problem. Gannett said when cars are towed for other than 72 hours, there may be problems. Gannett said staff does not have the time or ability to tag each car individually. Mayor Stirling moved to refer this to staff ; seconded by Councilman Tuite. All in favor, motion carried. 7. Phoebe Ryerson told Council January 24 at 5 p.m. there is a meeting to follow up on the University Without Walls. The meeting will be at her house. 8. Phoebe Ryerson asked if Pitkin Green is notified about amendments to Pitkin Reserve. City Manager Bob Anderson said that went through a public process earlier. This request is to allow an administrative interpretation and not the type of action that requires renotice . Mayor Stirling said this is not a request for additional density. Mayor Stirling req uested staff contact Ms. Ryerson with the details. 9. Phoebe Ryerson brought up the man who is willing to provide housing at $50 per square foot. Ms. Ryerson said there does not seem to have been an effort to follow up on this. City Manager Bob Anderson told Council he has met with this man. Anderson said this person is not offering to come in and build housing. COUNCILMEMBER COMMENTS 1. Mayor Stirling said he has been approached by Sam Brown, president of the Centennial development company. Mayor Stirling said Brown requests a meeting with Council to try and resolve some discrepancies in water issues. Deputy City Manager Ron Mitchell told Council the city's letter indicates the city will be willing to go over all the outstanding issues. Mitchell said Council could let staff do the initiation negotiating, then Council can act as an arbitrator for a final solution. Mitchell said Centennial has not exhausted their administrative solutions . 2. Mayor Stirling said CAST had their annual legislative tour last weekend in Vail. Mayor Stirling said CAST presented a report, Resort Towns and State Revenues . Mayor Stirling said this document shows the contribution made by Colorado ski towns to the economy of the state . Mayor Stirling circulated this report to Council . 3 Regular Meeting- _ - _ _ _ - ___ Aspen Citv Council Tanuary 23 . 1989 Mayor Stirling said CAST members lobbied on key issues. Mayor Stirling requested Council oppose Senate Bill 68, relating to annexation. Mayor Stirling said this bill has negative connota- tions for many areas in Colorado. Councilwoman Fallin moved that the Mayor write a letter opposing Senate Bill 68; seconded by Councilman Isaac. All in favor, motion carried. 3 . Mayor Stirling told Council Bob Child drafted a resolution passed by the Commissioners related to global warming. Mayor Stirling requested Council consider an amended version at the February 13 meeting. 4. Councilman Isaac said Council received the water department's annual report and recommendations. Councilman Isaac said Council has not set a schedule for water improvements and suggested Council schedule a study session with the water department to discuss capital improvements . Councilman Isaac moved to have a study session on capital improve- ments in the water department on February 20; seconded by Council- man Tuite. All in favor, motion carried. 5. Councilman Isaac said Martin Luther King's birthday was a federal and state holiday which the city ignored. Councilman Isaac said he would like to make this a floating holiday for the city. Council agreed to discuss this at the February 27th meeting. 6. Councilman Tuite said at the January 9 Council meeting, the majority of Council passed a motion to put on the May election a ballot question proposing to do away with the position of Mayor. Councilman Tuite said he has given this action a lot of thought and feels that the position of Mayor is necessary in this community as a form of leadership. Councilman Tuite moved to reconsider the motion putting this on the ballot in May; Councilman Tuite said he would rather PRO circulate a petition to show there is enough interest to put this on the ballot; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Fallin. Motion carried. Fred Gannett, city attorney's office, told Council he will draft the question regarding limiting Council to two terms. Gannett said he will write a letter to PRO telling them they need to circulate a petition for the Charter amendment regarding the position of Mayor. Mayor Stirling moved to put on the consent agenda as item (f) the motion not to put the Charter amendment on the May ballot; seconded 4 Reg..ular- Meeting - _ As~Cit.~ Council January 23. 1989 by Councilman Tuite. All in favor, with the exception of Council- woman Fallin. Motion carried. 7. Councilwoman Fallin said she would like to have a work session with the Pitkin County Parks Association to go over all the material they have sent Council regarding trails, money for trails, money for open space acquisition. Mayor Stirling said Council is meeting with the Commissioners January 30th and this will be one of the items for discussion. 8. Councilwoman Fallin said the January 16 issue of Nation Cities weekly is an article about House Bill 151 that will effect the city with municipal bonds. Councilwoman Fallin moved to write a letter opposing U. S. House Bill 151, which effects tax exempt municipal bonds; seconded by Councilman Isaac. All in favor, motion carried. 9. City Manager Bob Anderson proposed to schedule another study session with the Commissioners for February 7. Anderson said there are a number of issues to discuss; annexation, housing, sharing of revenues, the Airport Business Center annexation, city and county office space needs . Council suggested waiting until after the January 30th study session and set a time if needed. 10. City Manager Bob Anderson said there is a legisl ativ e conference of the Colorado Municipal League February 9, which he will be attending. 11. Deputy City Manager Ron Mitchell requested Council add to the consent agenda an additional approval for Winternational to place a diamond vision viewing screen on the mall for 3 days. Councilman Isaac moved to add this approval to the consent calendar seconded by Councilwoman Fallin. All in favor, motion carried. CON SENT- AC SNDA Councilwoman with (f) and is A. B. C. D. E. F. G. Fallin moved to adopt the consent agenda as amended (g) ; seconded by Councilman Isaac. The consent agenda Minutes - January 4, 9, 1989 Liq uor License Transfer - Toro's Liquor License Renewal -Hotel Lenado; Aspen Club; Poppie's Bistro Cafe LTT Townhown Condominium Subaru Winternational Approvals Not to Sponsor Charter Amendment Winternational Diamond Vision Viewing All in favor, motion carried. Sardy House; 5 Regular- Meeting- - Aspen City Council January 23 , 1 989 ORDINANCE #47~ SERIES OF- 198.8 - Affordable Housing/Displacement Mayor Stirling opened the continued public hearing. Alan Richman, planning director, told Council he has made changes in the ordinance in response to Council's last meetings. Richman said the affordable housing program only deals with multi-family projects and when an individual accumulates several parcels of land into single ownership for purposes of demolition and redevelopment. Richman said another change in the ordinance is the 50 percent requirement, which is 50 percent of the project that is built. Richman said the ordinance has added language to say not only 50 percent of the units, but 25 percent of the total bedrooms should be affordable housing. Richman said this is to make sure the housing i s of adequate size . Gideon Kaufman told Council a proposal for the Meadows is the demolition of the 8 trustee houses, whose history is short term. There will be replacement of short term units. Kaufman said he feels the existing units should be considered single family units since they are only attached by the carport. Kaufman said they could be considered multi-family but the code is unclear. Kaufman said these will come under this code and needs clarification from Council. Kaufman pointed out there is a duplex standard and a breezeway standard. Kaufman said another element that will effect the Meadows is the merging of the parcels. Kaufman reminded Council , the Meadows property is required to come in with both parcels together. Under this ordinance, they will have to replace 50 percent of the units with affordable housing. Kaufman said he would like interpretation on both of these issues. Councilman Gassman asked if this ordinance applies to SPA zones. Richman said this ordinance was intended to deal with individual town site lots that get merged and not a property like the Meadows. Richman said the Code does need some clarification as to how much attachment between units constitutes a multi-family project . Richman recommended staff be directed to address this as part of the code clarification ordinance. Richman said he does not see a problem excluding SPA from this provision. Kaufman said he is concerned that part of this ordinance, which is not aimed at long term housing, may create some severe later on impacts. Kaufman reminded Council when old lodges were made non- conforming, some lodges were doomed and the city then had to create L-3 to save them. Kaufman said this ordinance may do the same thing for short term condominiums. Kaufman said this ordinance does not distinguish between long term and short term zones or uses and the kitchen removes units from hotel and lodge definition, some multi-family units like the Gant and Aspen Square will be subject 6 Regular Meeting - Aspen City Cou~ci~___ - Januarv 23. 1989 to this ordinance. Kaufman said some of these buildings may need renovation; they will then lose 50 percent of the units to affordable housing. Kaufman said if one unit owner makes his unit non-habitable, it seems to trigger section 5-702. Kaufman said this may have long term impacts on the financability and salability of condominium units. Kaufman said condominium owners should be notified and this should be addressed before the ordinance is adopted. Richman said Council discussed this and decided they had no problem with the applicability with the way the ordinance was written. Richman said it is unlikely that a building that is condominiumized and separately owned will be totally demolished and rebuilt. Richman reminded Council this ordinance will not trigger rehabili- tation. Richman said demolition resulting from an act of God or from any manner not wil 1 f ul ly accomplished by the owner shal 1 not cause the requirements of this provision to apply. Kaufman said the ordinance says for the purposes of this provision dwelling unit shall be considered to be demolished when it is moved outside the city of Aspen or it is partially or completely dismantled such that the unit is no longer habitable. Kaufman said habitable is defined as the space which may be used for living, sleeping, eating or cooking purposes. Kaufman said that would be any major renovation when a kitchen or bathrooms are torn out or worked on. Kaufman said an upgrade of short term condominiums will be covered by this ordinance. Richman said the definition is meant to be that you cannot do any 1 iving, sleeping, eating or cooking in it. Richman said P & Z spent a lot of time on this section. P & Z does not want rehabilitation to trigger this ordinance. Joe Wells said in a situation in which a small number of units on an underdeveloped parcel of land and the applicant would be eligible for a larger number of units on site, the applicant would still have to provide 50 percent affordable housing. Richman said if an applicant is demolishing 10 units and has the ability to build 25 on site, he should not be required to build 12 or 13 restricted units. Richman said some language should be added like, in no case should the applicant be required to replace more than the number of units demolished on the site. Richman said the 50 percent requirement should not make an applicant do more than they have demolished. Mayor Stirling moved to add "all single family and all duplex sites" in section 5-702 paragraph (1) . Motion DIES for lack of a second . Richman said the language in the previous ordinance stated the income level of the replacement units could be middle units or resident occupied units. Richman said since the ordinance has 7 Reaular__Meetina Aspen City Council J~.nuary 23. 1989 backed off from the 1:1 ratio, the need to be directed towards the developer is not there. Richman said staff looked at a sliding scale to provide incentives for more replacement to go on. Richman said the provision states if what is rebuilt is less than half of what is once there, what is rebuilt must be rebuilt as low income units. If what is rebuilt is more than 50 percent but less than 100 percent of what was there, the developer gets the right to moderate income units. If it is the same number of more than what was existing, the units can be middle income. Richman said staff was uncomfortable with just giving the middle income guideline . Council supported this approach. Rick Neiley said his clients, the Valley Hi, consider this provision to be a disaster. Neiley said the previous ordinance had some likelihood of generating some affordable housing. Neiley said they could not afford to construct housing units under the low income guidelines. Neiley said the city has addressed the need for seasonal or dormitory style housing and should be focusing on the development of units for people with families to buy. Neiley said $68 per square foot units will not be built under this ordinance. Neiley said the city should be promoting better, larger units. Neiley said Council also ought to look at whether this ordinance will produce the results they are seeking. Neiley said people will look for ways to avoid tearing down their buildings. Neiley encouraged Council to use the middle income guidelines or the resident occupancy of these units. John Werning agreed low income units will derail projects. Werning suggested a slight increase in FAR when a person is building half their units of employee housing. Werning said he likes the idea of resident employee occupied units. Werning said the 1 ow income will not work. Werning said it will cost a lot to build these units and any incentive will be helpful, like waiving building tap or planning fees. Bil Dunaway said the ordinance is not to assure profits for the developers but is to provide affordable housing for local employees. Dunaway said no one is forcing developers to tear down 20 units and replace them with 4. Dunaway said this is an improvement over the previous ordinance. Neiley said the Valley Hi will not get rebuilt as affordable housing with low income guidelines. Neiley said if the city wants to create affordable housing, they have to take into some consideration the economics of redevelopment . Coun cil man Tuite said if there were a bonus FAR, could the city guarantee the employee units are of an adequate size. Richman said there are maximum and minimum sizes in the housing guidelines. Richman said if the Council were interested in an FAR bonus, they could add to the language indicating to obtain the bonus, the size of the units has to reflect the increased FAR. Richman suggested this be referred to the P & Z , if Council is interested in an FAR 8 Regular- Meeting~___ Aspen City Council Januarv 23 , 1.98.9 bonus provision. Councilman Tuite said he would only be interested in a bonus if it were passed onto the employee units. Councilman Tuite moved to pursue the FAR bonus through the P & Z; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. LIQUOR LICENSE RENEWAL - Andre's Fred Gannett, city attorney's office, told Council the applicant would like to continue this hearing to some time next week. Gannett said he does not feel this hearing can be held at a regular meeting and do it justice. Mayor Stirling opened the hearing to consider Andre' s 1 iq uor license renewal. Nick McGrath, representing the applicant, req uested a continuance for a week so there can be a full and fair hearing on all the charges. McGrath said the continuance request is on the assumption that there will not be a summary suspension for the week period. Councilman Isaac moved to continue the administrative hearing to Tuesday, January 31, at 5:00 p. m.; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling moved to continue the subpoenas to January 31, 1989; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #47. SERIES- OF 1-988 -Affordable Housing/Displacement Richman said another change is whenever off-site development is found to be appropriate to allow it to occur in the Aspen annexa- tion area. Richman pointed out changing from the 1:1 to 50 percent, it is not longer feasible that a non-conforming use will be built through this program. Richman said he was able to el iminate some language in this section. Richman pointed out Section 5-704 talks about the quality of the units should meet the housing designee's guidelines. Richman said in Section 5 of the ordinance, the larger the site, the more the density bonus provisions do not fit. Richman said the density bonus provisions are for smaller properties. Richman said 27,000 square feet would be as big as the city would want the density bonus provision applied. Frank Peters suggested a streamline process for applicants with smaller sites building 100 percent deed restricted units. Richman said there is a streamlined PUD process in the code correction recommendations, which P & Z will be reviewing next week. 9 Regular Meeti_ng__~ - Asnen- City Counci.~. January- 231 1989 Richman said the next change is, Council directed to add 100 percent density bonus provision. There is a definition of "net livable area". Section 7-1003 A.2.b. is a change regarding lot splits, which was brought up at the last meeting. Richman drafted language that any lot on which development is proposed to take place will require an accessory dwelling unit to be built. Richman said lot splits are a form of subdivision, and Council was concerned that they be included. Richman said a suggestion was made to delete the credit which i s now given to demolished commercial space in competing for a new development. This appears in 8-104 A.l.a. The credit is retained for lodge units and for residential structures. Kaufman said this will add costs to renovating older commercial buildings and will stop people from renovating. Richman said the ordinances states that commercial floor area may be remodelled or restored, but if it is demolished, the applicant has to get an allotment. Glenn Horn said the definition of demolition references habitable structures, and the language may need to be changed for commercial structures. Richman said Section 18 of the ordinance would allowing waiving land use fees and building permit fees for projects which con- stitute 100 percent affordable housing or for accessory dwelling units or legalized bandit units. Richman said he has not included in this section the water tap fee waiver, which should be done by separate ordinance. Councilman Tuite said if the city waives fees to make the units affordable, he would like to make sure it is affordable in the future, also. Councilman Isaac said by waiving the tap fees, all water users are subsidizing employee housing. Richman reminded Council they were requested to extend the period of exemptions from 6 months to one year after the effective date of this ordinance so that people can plan their projects and not demolish the structures immediately. Richman said this is reasonable and is section 19 of the ordinance. Richman said there has been a suggestion at this meeting regarding properties designated SPA. He will include this in 5-702. Another suggestion is the definition of habitable as it relates to commercial/off ice occupancy. Councilman Isaac said he is concerned about a commercial structure having to go through GMP for replacement. Councilman Isaac said this does not seem to fit in with the ordinance, and people should get credit for what they already have. It is part of the present inventory. Richman said section 8-104 A.l.a was in the ordinance and he just added the part about obtaining al allotment for demolished space. Richman said the space that is being demolished never provided employee housing. Mayor Stirling asked about 10 Regular- Meet~.ng - - - Aspen- City CouBcil - January 23. 1.989 historic buildings. Richman said staff is working through historic buildings, and this will go to P & Z in early February. Councilman Isaac said he would like to remove the commercial floor area working in section 8-104 A.l.a. The majority of Council want it left in. Richard Compton said this ordinance has been so watered down that it makes no difference. Single family and duplexes are not effected at all. The multi-family units will only be replacing 50 percent. Compton said every time a resident occupied unit is removed, it is not only removing housing but is also creating more jobs. Compton said he would like to see Council deal with single family and duplexes . Rick Neiley told Council as he worked through this ordinance applying it to the Valley Hi, he had difficulties with the dimensional requirements, especially open space and parking. Neiley suggested placing a specific requirement for parking associated with affordable housing, permitting the parking to be included in the calculations for open space. Neiley said this would create off-street parking, encourage the development of parking, and provide the ability to locate parking on site. Richman said it is also important that affordable housing projects provide adequate open space. Richman said he would be concerned about reducing open space on site. P & Z has the ability to waive or reduce the parking requirements for affordable housing. Richman suggested P & Z could look into this. Councilman Gassman said the open space could be reduced some portion but not totally. Neiley said this ordinance was prompted by the demolition of single family and duplexes on the east end. The ordinance does not address single family and duplexes at all. The ordinance applies to relatively few pieces of property that are not likely to generate new long term affordable housing or to preserve what is existing. Neiley suggested imposing an across the board require- ment that would cover all the zone districts. Neiley urged Council to reject this ordinance and go back to the drawing board. Joe Wells requested clarification on two pending projects within the Aspen Mountain PUD. Wells reminded Council they granted exemptions for the Top of Mill and Grand Aspen site. Both projects are pending applications. Wells said the amended PUD agreement provides for up to 50 hotel rooms and 47 residential units on these two sites. Wells said there was language in the amended PUD agreement which stated that the owner has acknowledged his potential obligation to provide off-site employee housing as may be determined during the amended approval process. Wells said he would like clarification whether Ordinance 47 will effect this. Richman said the last section in the ordinance gives anyone granted an exemption from the administrative delay another year to obtain 11 Regular- Meeting - - -Aspen City- Council January 23. 1989 a building permit. Richman said a year for these two projects may not be enough. Richman said the applicant should bring this issue up during the review process. Richman said Council make a clear determination in granting the exemption that those two projects had addressed their displacement issues in their affordable housing program and had provided positive contributions to the housing issue. Kaufman said section 5-702 says whenever one or more residential dwelling units in a multi-family building is demolished, the applicant shall be required to restrict a minimum of 50 percent of the units. Kaufman said frequently someone will purchase a short term condominium, gut it and redo it. Kaufman said the way the section is written, either the whole project gets restricted or the individual unit gets restricted. Kaufman said the intention of this ordinance was not to get at short term units. Richman said the concern was the type of loophole that was in place in the lodge preservation section where an individual could leave one timber up and call the project reconstruction. Richman said P & Z went to the approach of habitable, and that the staff would know when something was f ully demolished versus when it was being rehabil ita- ted. Richman said there was no process that would differentiate total rehabilitation from the types of demolition that the city is concerned about. Gannett suggested creating an appeal process to have a case by case determination for demolition versus reconstruc- tion . Councilman Isaac moved to adopt Ordinance #47 , Series of 1988, as amended, on final consideration; seconded by Councilwoman Fallin. Kaufman said he does not feel the intention of this ordinance was to preclude people with tourist accommodations from doing major upgrading or renovating. Kaufman said the ordinance was drafted because the city was losing long term housing for locals. Kaufman said one condominium owners action should not effect the rest of the condominium. Richman said the only way he can see this working is if an applicant could demonstrate that a unit was built for and has always since been used as short term accommodations and has never been occupied for resident purposes. Richman said he does not want to use lodge districts because there is employee housing in that district. Councilman Isaac amended his motion to include language for structures that were built as short term units and used continu- ously as short term units would be exempt from provisions of this ordinance if they are being renovated; seconded by Councilwoman Fallin. Councilman Gassman suggested looking at the definition of renova- tion versus demolition to assure someone can renovate a unit in any 12 R u ar M t' _ ~ _. _ _. A . . _ Ci C nc' _ 23 1-989 kind of multi-family building. Richman said the concern is someone who guts the entire interior and rebuilds from that. Richman told Council P & Z was originally going after any significant renova- tion. Councilman Gassman said if amulti-family structure is not changing the use and has the same density and size, it should be allowed. Councilman Gassman said this is a difficult problem and Council may be hasty in trying to solve it at this meeting. Mayor Stirling suggested continuing the public hearing and the admin- istrative delay in order to give staff time to address this issue. Councilman Isaac withdrew his motion. Mayor Sti rling moved to continue the public hearing on Ordinance #47 to February 13; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling moved to continue the administrative delay from February 8 to February 24; seconded by Councilwoman Fallin. All in favor, motion carried. Richman said there is an applicant who is being caught by Resolu- tion #11 of P & Z which imposed FAR 1 imitations. Richman told Council this applicant exceeds the 75 percent FAR but meets the allowable FAR as in the current Code. Marty Pickett told Council this is a duplex which is being remodelled to the extent there is a demolition permit. Ms. Pickett said they would like to be taken out from under Resolution #11. Richman said this duplex is not effected by the administrative delay but is caught by the terms of Resolution #11. Richman suggested Council eliminate the effect of Resolution #11. Mayor Stirling moved to revoke P & Z resolution #11, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. Neiley suggested Council also consider the FAR bonus and parking issues at the continuation of this meeting. ORDINANCE- #5~;- SERIES- OF 1-98$ - Lone Pine Annexation Deputy City Manager Ron Mitchell requested Council table this to March 27. Staff promised the residents that the zoning ordinance would be presented at the same time so they would have a chance to review the zoning. Mitchell told Council the election annexation for the Centennial/Hunter Creek also includes this area and may preempt this process. Councilman Tuite moved to table Ordinance #55, Series of 1988, to March 27, 1988; seconded by Councilwoman Fallin. All in favor, motion carried. 13 Re ulcer- Meetin _ . _ _ . _ _. _ _ A . e - Ct Cou c' - - Ja u r - ~3 1989 ORDINANCE-~ #l~--SERIES- OF 1-9$9 - Use Tax Agreement Mayor Stirling opened the public hearing. Fred Gannett, city attorney's office, told Council this is the process by which the city agreed to allow the county to have the full and exclusive use of the monies generated by the use tax provided the money is spent on highway 82 and county road. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #1, Series of 1989, on final consideration; seconded by Councilman Tuite. Roll call; Councilmembers Isaac, yes; Gassman, yes; Fallin, yes; Tuite, yes; Mayor Stirling, no. Motion carried. RESOLUTION ~~: SERIES- OF- 198-9 - 0015 Harbour Lane Annexation Fred Gannett, city attorney's office, said this resolution finds that the annexation meets the requirements of the state statutes, there is a community of interest, there is 1/6th contiguity. Gannett said if Council passes this, it will move towards an annexation ordinance. Councilman Tuite moved to adopt Resolution #2, Series of 1989; seconded by Councilwoman Fallin. All in favor, motion carried. RED- ROOF- INNS- PROPOSALS AND- PUD- PROCESS Jim Adamski, housing office, requested Council's direction on 5 items regarding the Red Roof. One is to immediately sell or lease the Red Roof Inns to the housing authority so they can proceed with the development of the property. Harry Truscott said in the sale arrangement, the housing authority would give the city $1, 000 , 000 for the project. In the lease arrangement, the housing authority would give the city $100,000 up front, $30,000 the first year and $100,000 each year until the $1,000,000 is paid for. Truscott said the rental rates change depending on what Council chooses. Truscott told Council the housing authority has to show this is a viable project in order to get bonding. Truscott said the only way they can make this a viable project is to have businesses and the M. A. A, commit to a 5 year lease at a specific rental rates. Truscott said they will have to do this no matter what type of bond is selected or whether it is lease or purchase. Adamski told Council if they choose revenue bonds, the property will have to be zoned so that if there was a 1 iq uidation needed, the property could go to the highest and best use in the free market. Councilman Tuite said he does not object to the M.A.A. signing up and using these units. Councilman Tuite said he does 14 Regular-. t • - _ _ _. _ _ _ _ . A e . _, C • t _ C • _ _ _ a . - 23 198 have a problem with employers guaranteeing the units. Councilman Tuite suggested setting up a reserve for this. Truscott said with seasonal employees there is not a firm base for the rentals to be guaranteed. Mayor Stirling said the revenue bond requires this type of guarantee and the g. o. bond does not. Councilman Tuite said he feels employees would rather pay $25 more per month and not be tied to an employer for their housing. Truscott said the housing authority broached the bond issuers on having businesses contract for the units for 5 years. This i s acceptable. Truscott said he does not know what funding mechanism would be acceptable other than a contract. Councilman Tuite said he is willing to go with a general obligation bond in order to insure that the employers do not own the units. Connie Jungbluth (?) told Council the Red Roof housing is~ different because it is trying to fill seasonal needs and is probably the riskiest of all types of housing. Truscott said there have to be rents of $468,000 per year in order to make this project viable. Truscott said thei r figures are based on 10 month, 100 percent occupancy. Si Coleman suggested charging employers by how much they use the system. City Manager Bob Anderson said if Council chooses to lease the property, they could have a $1 ,000 , 000 prepaid lease. Councilman Gassman said he would prefer to lease the property rather than sell it because no one knows what will happen in 30 years. Councilman Gassman said it is more cautious to lease than to sell to another authority. Mitchell said the city would only be selling the improvements, not the land. Ms. Jungbluth told Council in a revenue bond, the ownership has to be transferred for the period of financing. Councilman Gassman moved to enter into a lease agreement to lease the land to the housing authority, terms of the payment to be negotiated; seconded by Mayor Stirling. Councilman Tuite said he would prefer to see the $1,000,000 up front in a lease arrangement . Councilman Gassman said he does not agree with this condition. All in favor, with the exception of Councilman Tuite. Motion carried. Councilman Isaac moved to go with the general obligation bond approach; seconded by Councilman Tuite. Councilmembers Tuite and Isaac in favor; Councilmembers Fallin, Gassman, Mayor Stirling opposed. Motion NOT carried. Adamski said if Council chooses the revenue bonds, the city must relinquish ownership. The land cannot be zoned public; it has to be zoned so that it can go free market. Adamski said an election 15 Regular- Meeting- _. _ _ _ _ _.. _ _._A~pe~- City- Council _ . _ - Januarv- 23 .- 19$9 i s not needed for a revenue bonds, and the city's funds are not encumbered. Mayor Stirling asked how the security would be created without having businesses commit to 5 years leases. Ms. Jungbluth said with a revenue bond, in the event of a default the city could lose the property. Councilwoman Fallin moved to reconsider the previous motion; seconded by Councilman Gassman. All in favor, motion carried. Councilman Gassman moved to set an election date to pursue the general obligation bond; seconded by Mayor Stirling. All in favor, with the exception of with Councilman Isaac. Motion carried. Councilman Gassman said he is opposed to reducing the number of steps for the PUD process . Councilwoman Fallin and Mayor Stirling agreed. Councilman Isaac said this project has already been to the voters; it will be taken to the voters again with the g.o. bond. The community will be aware of what is going on. There will be two public hearings. Councilman Isaac said he would 1 ike to see the housing built as soon as possible. Councilman Tuite said this project is for the benefit of the entire community. Councilman Gassman said the golf course is important to the community; it was the city's first major open space purpose. Councilman Gassman said how the public trust is developed is important, and it is essential that this project be subject to all the reviews of the city. Mayor Stirling moved to leave the review process the same as it is now constituted; seconded by Councilman Gassman. Mayor Stirling said he would be willing to expedite this by holding special meetings outside the regular meetings. Councilwoman Fallin said there are a lot of homeowners in the area who will be effected by what is done, and they are entitled to public hearings like anything else. Tom Baker, planning office, told Council P & Z heard the housing authority's position on this and was in favor of an expedited process. Baker said the P & Z felt that in order to have the housing in place by November 1989, they only way to do that is consolidate the review process. P & Z felt that was a pressing enough concern to make this a two-step review, both being building hearings. Truscott said they have to have the application approved by July 1, 1989, in order to have the units on time. Councilman Isaac said the Council is talking about shortening the review process for 100 percent employee housing projects in the private sector. Councilman Isaac said there is a crisis in this community. The city may lose one or two seasons by their own process. Councilman Isaac said he feels the community will still get a good hearing on this with the shortened process. Mayor Stirling said this is a sensitive area, surrounded by residences. Mayor Stirling said the Council can speed this up by meeting more f req uently. 16 R a M. t' __._ _ _ _.- _ A e ~C-'t - Cou c' - _ _Ja u r 23 _19$9 All in favor, with the exception of Councilmembers Isaac and Tuite. Motion carried. John Walla suggested Council back their action up with a resolution about a revenue bond so they can go that way if the g. o. bond does not pass. Adamski said the housing authority will continue to work on this project. Councilman Tuite moved that with a g. o. issuance to go with a $1 , 000 , 000 up front f ront-loaded payment on the lease; seconded by Councilwoman Fallin. Councilman Isaac said he is concerned the voters may feel Council is trying to pad a g. o. bond in order to fix city hall in the guise of employee housing. Mayor Stirling said the Council is just looking for the payment up front. Jim Curtis said the housing authority will working with the planning office on a detailed scheduled and report back to Council. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling moved to have an elected official as a member of the housing authority board; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin moved to appoint Councilman Gassman to the housing authority board; seconded by Councilman Tuite. All in favor, motion carried. PRFSFA1TATiOAT- TO- CO~TiVCiL DRAFT- 1-989 CL FAN- AIR- PROGRAM Debbie Van Solkema and Mara Alteveer, Barnhart agency, told Council they are excited about working with the city on the clean air campaign. Ms. Van Solkema said they have developed a comprehensive advertising program in conjunction with input from the Clean Air Board. Ms. Van Solkema and Alteveer showed Council the logo they developed, two examples of print advertising and two examples of radio spots, and a tent card for the lodges. Ms. Alteveer said they will be using the Aspen-~ Times, Asu~ilnes Daily, and D i News, Air Destination, and the radio stations. Ms. Alteveer told Council both the radio stations and newspapers are willing to give bonus ads. Mayor Stirling said he feels the insulting. Council agreed and asked the ad to be more humorous and less Council some members of the Clean because they thought they were goin second radio ad is somewhat the Barnhart agency to change insulting. Si Coleman told Air Board were enthusiastic g to get the ad campaign from 17 R u ar Me tin__ __._ __.._ - -A. e -C't Cou ci - - - - Ja u r -23 1-989 Colorado Springs. Ms. Van Solkema said she will be going to a clean air meeting in Colorado Springs and will see if they are willing to share their campaign with Aspen. Councilman Tuite said he would 1 Ike to see the CAB or advertising agency work with the ARA to get information to tourists before they come to town. Councilman Tuite moved to suspend the rules and meet for 10 more minutes; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling moved to continue the meeting to February 6, for the Rio Grande SPA; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling moved that Lee Cassin, Tom Dunlop and city manager find an experimental location for recycling and participate in some location; seconded by Councilman Isaac. All in favor, motion carried. RESOLUY'ION- #1: -SERIES OF 1989 -Centennial/Hunter Creek Annexation Mayor Stirling moved to adopt Resolution #l, Series of 1989; seconded by Councilman Gassman. All in favor, motion carried. Fred Gannett, city attorney's office, said Council needs to set a work session to discuss some areas of this annexation, like the agreement, cost sharing, title to roads. Councilman Gassman suggested Council address this at the scheduled work session with the Commissioners on January 30th. AIRPORT- TAP FEE- WAIVER Councilwoman Fallin moved to table this to the study session January 30, 1989; seconded by Councilman Gassman. All in favor, motion carried. ENGINEERING-CONTRACT - Shadow Mountain Trail Deputy City Manager Ron Mitchell told Council staff talked to Schmeuser Gordon who indicated there will not be a significant difference in cost between the upper and lower alignment. Mitchell said in the appraisal costs, there appears to be between $150,000 to $230,000 of acquisition costs difference between the upper and lower alignments. Mitchell said Banner indicated there would be at least $100,000 difference in construction costs. Mitchell recommended the city go out to bid to engineering firms and request they do, not a detailed design, but enough of an analysis of both alignments so that the city has some specific cost estimates. 18 Regular- Meeting- - - - - _ _ __- _ _ Aspen- City- Council - - - ~anua~v 23 ,- 1-9$-9 Schmeuser feels there are construction issues with either align- ment. Banner says because of the retaining walls, some rock slide problems, and the possibility of having to acquire 30 foot easements on the upper trail, it will cost $100,000 or more in construction costs. The lower trail has concerns about separating it from the road, safety problems at Seventh street. Mitchell said even if the construction costs are equal, there are extra aoq uisi- tion costs for the upper alignment. Mitchell said he can report back to the Council in 60 days. Councilman Gassman said at some time Council is going to have to make a decision about this trail. Councilman Gassman said this trail is not something the city just thought of yesterday; it has been on every trail map. Councilman Gassman said the reason the trail is on the upper alignment is because it makes sense. Councilman Gassman said the cost did not come up with the trails master plan based on costs and on one landowner's intransigence. Councilman Gassman said Council needs to say the trail is where it is designed because of good planning and aesthetic and transporta- tion reasons . Councilman Gassman moved to approve Resolution #49, Series of 1988; seconded by Councilwoman Fallin. Mitchell told Council PCPA offered to provide $10,000, or match the city's expenses up to $10,000, towards the city's legal expenses to acquire the easements. Hans Gramiger said he is not the only person who opposes this trail. The neighbors are concerned about a trail being established where it doesn't have to be. Gramiger said there is an alternative to put the trail on Hopkins street. Gramiger said the Marolt bridge was built as a commuter bridge, not like the Maroon creek Nordic bridge. Gramiger reminded Council the city does not have an appraisal, they have prel iminary estimates. Gramiger questioned the city getting into condemnation on wrong information. The city may find out later on that the values are such that the city cannot afford to buy the easements . Tom Schultze said he is opposed to the trail going through his back yard. Tim Terrill said he has already donated land for the trail. Terrill said it is a steep trail and the majority of people on bicycles or cross country skis will not want to use the trail. Terrill said he is willing to donate the land in front for the land in back. Terrill said he does not feel the trail can be con- structed and maintained for as little as the Council has been informed. Tom Cardamone, PCPA, encouraged Council to continue with the trail in this area and to stay away from the road. Al Blomquist, PCPA, presented Council a letter. Blom~uist said the lower trail would be a sidewalk on Hopkins street. Traditionally, property owners pay for their own sidewalks. Blom~uist said 10 or 19 Reaula~- Meetin4- - _. _ - _. -. _ _.As~en- City- Council- - - - January-23_1.9$-9 12 feet wide sidewalks constitute commercial sidewalks. Blom~uist questioned the property of using city money to pay for a sidewalk in front of private property. Blom~uist asked if it is desirable for future development of the residential neighborhood to have a commercial width sidewalk. Blom~uist said according to the city's Municipal Code, people cannot ride bicycles on sidewalks. Blom~uist said there are ordinances stating people cannot ski on the streets. Councilman Tuite said he is concerned that the city may be spending several hundred thousand dollars more for the upper trail . Councilman Tuite said he would 1 ike the costs clarif led before they go any farther. Councilmembers Fall in and Gassman in favor; Councilmembers Tuite, Isaac, Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to direct the Assistant City Manager to do a request for proposals on exactly what he described earlier up to $7500; seconded by Councilman Tuite. Mayor Stirling said he would like this back no later than 60 days. All in favor, motion carried. The Council meeting is continued to February 6 at 5:00 p.m. for the Rio Grande SPA. Council left the Chambers at 9:30 p.m. ,., Kathryn S. Koch, City Clerk t 20