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HomeMy WebLinkAboutminutes.council.19890213Re u a~-Meet' n _ _ _ _. _ _ _ _.. A . e Cit Cou c' _ _ _. _ Fe r ar 13 19$-9 EMPLOYEE BONUS AWARDS 1 C I T IZ EN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 CON SENT AGENDA 4 ORDINANCE #47, SERIES OF 1989 - Affordable Housing/Displace- ment 5 LEASE AGREEMENT - Marolt Barn 8 AFFORDABLE HOUSING FINANCING ALTERNATIVES 11 ENCROACHMENT REQUEST - Martin 710 North Third 13 ENCROACHMENT REQUEST - 200 East Main 13 REQUEST FOR FUNDS - Acquisition of Vacuum Sweeper 14 USE OF IMPOUND LOT/SNOWMELTER 14 ST. PATRICK'S DAY PARADE STREET CLOSURES 15 ORDINANCE #3, SERIES OF 1989 - Rezoning Mountain House 15 ORDINANCE #2, SERIES OF 1989 -Zoning Block 19 17 RESOLUTION #6, SERIES OF 1989 - 516 East Hyman GMQS Allocation GMQS Exemption 17 ASPEN MOUNTAIN PARK (PITKIN RESERVE) PUD AMENDMENT 18 RESOLUTION #3 , SERIES OF 1989 - Rio Grande SPA 18 PARKING STRUCTURE LEASING AGENT 19 CENTENNIAL/ASPEN LETTER OF AGREEMENT 19 20 Rggular Meetin4 Aspen City Council - February 13. 1989 Mayor Stirling called the meeting to order at 5:00 with Council- members Gassman, Isaac and Tuite present. EMPLOYEE BONUS AWARDS Mayor Stirling and Council presented the outstanding employee bonus awards for the fourth quarter 1988. Gregg Holmbeck, streets department, was nominated for the hours he spent on the 7 day work schedule, which has worked very well. Judy McKenzie, building department was nominated for her efforts during continued staff shortage, by implementing the computer information screens, which increased the efficiency of the department. Brian Emmen, finance department, was nominated for long hours spent in new computer software conversion, and in the training for departments of this software. Dallas Everhart, finance department, was nominated for the time spent in learning the new computer software conversion and for the 1989 budget document. Council presented the employees with bonus checks and with certificates. CITIZ EN PARTICIPATION 1. Mary Martin said Council rescinded their vote to put a Charter amendment on the May ballot to eliminate the position of Mayor and hay e this be Chairman of Council. Ms. Martin suggested a Charter amendment limiting the Mayor to 2 two year terms. Ms. Martin requested this be scheduled as an agenda item for February 27. Council did not sponsor this as an agenda item. 2. Mary Martin told Council she is very distressed over the look of the town and has fought very hard for a historic overlay over the old townsite. Ms. Martin said the purpose of this was to be able to look at houses that went in next to Victorians and to protect the Victorians themselves. Ms. Martin said she would like to see the historic overlay re-introduced. Ms. Martin said she would like Council to consider either the historic overlay district or architectural review board. Mayor Stirling said he is enthu- siastic about a historic overlay. Mayor Stirling suggested a joint work session with P & Z on this issue. Mayor Stirling said there is a work session on March 6th on growth rates. Mayor Stirling moved to have architecture review or historic overlay discussion on the March 6 work session; seconded by Councilman Tuite. All in favor, with the exception of Councilman Isaac. Motion carried. 3. Marty Pickett said the 700 East Main item on the agenda is there at her request and asked Council to table this to February 27. (Mayor Stirling withdrew due to conflict of interest). Fred Gannett, city attorney' s off ice, told Council he spoke with Ardith 1 Regular Meeting Aspen Citv Council February 13. 1989 Ware and Dorothy Mikkelsen who agreed this be tabled but no later than February 27. Gannett said it is in the city's interest as well to get a clear understanding of what the motion regarding the extension of time was. Councilman Tuite moved to table 700 East Main to February 27; seconded by Councilman Gassman. All in favor, motion carried. 4. Mary Martin asked if Council is considering selling spaces in the new parking structure. Council said the only thing they are considering is monthly passes. Ms. Martin said it should be first come first serve. COUNCILMEMBER COMMENTS 1. Councilman Isaac said several communities have banned the use of Styrofoam food containers for environmental reasons. Councilman Isaac said he would like the city to look into this. These containers are filling up the sanitary land fill and are not biodegradable at all. Mayor Stirling agreed and said he has asked for copies of other legislation f or Council to look at. Councilman Isaac moved to have the city initiate banning styrofoam and polystyrene f ood containers and direct the city attorney to follow up with sample legislation; seconded by Mayor Stirling. All in favor, motion carried. Council requested this be done by the first meeting in April. 2. Councilman Isaac said he would like to initiate a rezoning of the southeast corner of Mill and Hopkins. Councilman Isaac said the building on this corner is very predominant in the community and the city is in danger of losing its use. Councilman Isaac suggested the building be rezoning to hardware preservation. Councilman Isaac moved to incorporate this on the March 6 work session; seconded by Mayor Stirling. All in favor, motion carried. 3. Councilman Tuite said several weeks ago traffic was backed up on highway 82. Complaints were received from the Ski Company that the buses were tied up. Councilman Tuite said that day the light at Maroon Creek was not working. Councilman Tuite said it took awhile to get a law enforcement officer to the stop light. Councilman Tuite req uested Council consider using the police or sheriff's department 2 hours each morning to see if this would improve traffic. John Goodwin, police chief, told Council they can do this; however, it will cut into timed parking enforcement. Councilman Tuite requested this be done through the end of the winter. Councilman Gassman asked if this will do any good. Goodwin told Council earlier this year, staff did a study on the traffic going out of town with someone on the light and with no one 2 Regular Meeting Aspen City Council Fe,~ru. arv 13~ 1989 on the light. Goodwin said there was very little difference in the traffic flow. Mayor Stirling suggested staff experiment with having someone at the light for the next two weeks and report back at the next Council meeting. Goodwin said for the next two weeks, he will use community service officers at both lights. 4. Councilman Tuite moved to move to the consent agenda the RFTA resolution regarding bus lanes. This has been discussed at a public hearing. Council agreed to put this on the consent agenda as item (f) . Mary Martin asked if Council will have someone at the light during the afternoon traffic backup as well. Councilman Tuite said if it works in the morning, he will be glad to consider this in the afternoon as well. Goodwin told Council they tried this in the afternoon and found it made no difference whether they worked the light or not. Ms. Martin said in some cities during peak traffic hours one lane of traffic is closed. Ms. Martin suggested the light not be activated for traffic-in hours and for traffic-out hours. 5. Mayor Stirling said he was interested in reading about the auxiliary police officers. John Goodwin, police department, told Council the requirement for any reserve or auxiliary officers is at least 260 hours of training. Goodwin said the selection will be the same as for paid police officers . 6 . Mayor Stirling moved to move action item (q) Affordable Housing Financing Alternatives to action item (a-1); seconded by Councilman Tuite. All in favor, motion carried. 7. Mayor Stirling asked if the community's best interest is served by the change the hospital is requesting to be allowed to sell the 3 employee units. Jim Adamski, housing director, told Council the hospital will put these units on the market and will have 6 units at the new project . 8. Mayor Stirling moved to table item (0) resolution regarding Global Warming to February 27; seconded by Councilman Gassman. All in favor, motion carried. 9. Mayor Stirling said the city of Aspen has been nominated by the Government Finance Officers' Association and has been presented with an award of financial reporting achievement. Mayor Stirling said this award is presented to individuals who are instrumental in their government in achieving excellence in finance reporting. 10. Mayor Stirling said there was a civil case in municipal court where a restauranteur was found guilty of not displaying no smoking signs in a restaurant . Mayor Stirling requested Council think 3 Regular Meeting Aspen Citv Council February 13. 1989 about addressing the issue of signs in the ordinance. Mayor Stirling said the issue is not smoking in restaurants, not signs. 11. Councilman Gassman said he has had conversations with members of the golf association. There is some interest iaidethere may operation of the golf course. Councilman Gassman s be advantages to the city and the public. Council indicated they are interested in looking at this. 12. Deputy City Manager Ron Mitchell requested that Resolution #4, Hunter Longhouse Deed restrictions, be moved to the consent agenda. Mitchell said Council has already amended the deed restrictions; this is changing the closing date to March 15, 1989. Mayor Stirling moved to add this to the consent agenda as item (g) ; seconded by Councilman Gassman. All in favor, motion carried. 13 . Deputy City Manager Ron Mitchell req uested Council add to the agenda the Centennial-Aspen letter of agreement. Mitchell said he has negotiated a settlement on this and would 1 ike to move forward to finalize the payment . Councilman Isaac moved to add Centennial-Aspen letter of agreement to the end of the agenda; seconded by Mayor Stirling. All in favor, motion carried. 14. Councilman Tuite questioned the suggested dates for the Centennial annexation and asked if this will get the area into the city in time for anyone to run in the election. Fred Gannett, city attorney's office, told Council he has gotten the cooperation of the district court to move this along as quickly as possible. If the time table is followed, people will be able to vote and to run as well . CONSENT AGENDA Councilman Tuite moved to adopt the consent calendar seconded by Councilman Isaac. The consent agenda is: A. Minutes -January 23; February 6, 1989 B. Liquor License Renewal -The Grill C. Liquor License Expansion of Premises - D. Dates for Centennial Annexation (Fred E. Hospital Housing Project F. RFTA Resolution- Bus Lane s as amended; Cache Cache Gannett ) G. Resolution #4, 1989 - Hunter Longhouse Restrictions All in favor, motion carried. Deed 4 Regular Meeting Aspen City Council February 13. 1989 15. Deputy City Manager Ron Mitchell announced that the city's public works director, Jay Hammond, has resigned effective March 31. ORDINANCE_ # 47 , SERIES OF 198 9 - Affordable Housing/Displacement Alan Richman, planning director, reminded Council several issue s arose at the last public hearing. Richman told Council he has responses to these issues and has brought up some other issues. Richman said the first issue was a concern about the provision that multiple ownerships have combined into a single ownership for the purposes of demolition. Richman said this provision should not be invoked for lands that are zoned SPA. Richman pointed out this is included in section 5-702 of the ordinance. Richman said the second issue was whether the 50 percent requirement would ever require an applicant to rebuild more than the number of units demolished on property. Richman said it was agreed that in no case should more than the number of units demolished be required to be rebuilt. This is also included in Section 5-702. Richman said another issue is to whom do the demolition provisions apply. Richman said this applies to demolition of a unit which has been a tourist accommodation and is this what Council has been concerned about . Richman said staff has always q uestioned whether this ordinance should get into tenure. Richman said there was concerned expressed about the tourist accommodation issue. Richman submitted language which describes the units having been exclusive- ly occupied as a tourist accommodation or by an owner who does not meet the definition of resident. Richman said tourist accommoda- tion is not a defined term and this would be the burden of the applicant to demonstrate what is meant by that. Richman said staff feels the only time the demolition provisions would be invoked would be if the building were torn down in its entirety. Mayor Stirling said it has been important for people to be able to upgrade tourist accommodations. Richman said the ordinance was sending mixed messages, talking about internal renovation that might change the status of a unit, kicking the provisions of the ordinance in. Richman said he tried to move from "habitable" in the definition to when a unit is razed. Richman said razing 3 units and replacing it with 1 would invoke the provisions of this ordinance. Councilman Gassman said he feels it makes sense to use the def inition of demolition. Councilman Isaac said he feels the tourist units which are being rebuilt need to be outside this ordinance. John Kelly asked why Council is concerned about tourists units that someone may want to amalgamate. Kelly said these units have never been in the rental pool. Richman said if tenure is placed in the ordinance, this will give out mixed messages to owners of the units. Richman said there is language on page 2 of the memorandum 5 Reaular_Meetina Aspen City Council Februarv 13. 1989 which addresses units that were built for and have been exclusively occupied as tourist accommodations. Kelly suggested the city have an exemption procedure; most of the requests will be obvious to the city. Councilman Isaac said he likes the language in Richman's memo, "Demolition of a unit which the owner demonstrates has, since the time of its initial occupancy, been exclusively occupied as a tourist accommodation or by an owner who does not meet the housing designee's definition of resident, shall not cause the requirements of this division to apply" . Councilman Isaac said this would keep the tourist-type accommodations out of this ordinance. Gannett said he would rather see an exemption process that roblem with matter of public record. Gannett said there is p showing records for all the predecessors in interest. The language is written so that it applies since the occupancy of the building. Richman said this could be demonstrated to the planning director through the consent of Council. This could be approved through the consent agenda to make a public record. Councilman Isaac moved to amend Ordinance #47 , by adding to section 5-702 the paragraph on page 2 as read above including the language with the consent of Council and the planning director's review; seconded by Councilman Tuite. All in favor, motion carried. Councilman Tuite moved to amend Ordinance 47 by adding, "Demolition means to tear down completely, to do away with or to raze. Any partial removal of a structure which the planning director and chief building official find has the effect of completely razing a unit, even while some portion or portions of it remain in place, shall be considered demolition. Renovation of a unit in place shall not be considered demolition" and "The standards of this division shall apply when a dwelling unit is demolished, is moved outside of the City of Aspen or when the number of units on the site is reduced. Moving a dwelling unit to another location within the City of Aspen shall not be considered demolition, provided it meets all of the requirements of this chapter in its new location"; seconded by Councilman Gassman. All in favor, motion carried. Richman said a question since the public hearing is with the 50 percent requirement, one might end up with a fractional requirement for bedrooms. Richman said this is an instance in which the cash- in-lieu be permitted for the fractional requirement. Council said this is fine. Richman said he will add this to 5-703. Richman reminded Council at the last hearing, they reached a decision to eliminate the commercial reconstruction credit from the quota system. Richman said there is concern that on Council' s concern for affordable housing, it will make it more difficult for commercial space to be built. Richman said a citizen has suggested if Council's problem is that they do not want to credit a building that has never provided housing and parking, they should take away 6 ReQUlar_ Meeting Aspen Citv Council - Feb~uarv 13 ._ 1989 those credits and not take away the square footage credits. Richman said the way the ordinance is written, to s bu ld 1Om000 fishes 5,000 square foot building and wants building, they have to compete for 10,000 square feet of space. Sunny Vann has suggested that this person still have a 5,000 square foot credit but does not have a credit toward employee housing or toward parking. Councilman Isaac said he feels it might not be good for the community not to encourage people to renovate their space. This would take care of the employee and parking mitigation. Councilman Tuite said he could go along with Vann's recommendation. Richman said he will go back to the original language in Ordinance #47 and add language stating that credit shall not be given towards housing and parking requirements. Councilman Tuite moved to allow the demolition credit for FAR to stay in existence, the owner does not have to compete for the right to rebuild; seconded by Councilman Isaac. All in favor, with the exception of Mayor Stirling. Motion carried. Richman reminded in the administrative delay, Council moved the date for the submission of GMQS from November to May 1. Richman said the administrative delay was supposed to end February 8, so this is only one week off. Richman said Council can award some extra weeks for application. Mayor Stirling moved to set the GMQS date for 1989, to May 15; seconded by Councilman Tuite. All in favor, with the exception of Councilman Isaac. Motion carried. Richman said Council referred 3 things back to P & Z at the last meeting. P & Z dealt with them all and are recommending in favor of demolition of an existing unit in the CC, C-1 and office district be subject to a conditional use review. P & Z added that construction of a duplex in the C-1, Office or RMF zone will also become a conditional use . P & Z recommended in favor of a 1.1: 1 FAR in the RMF zone if 2/3 of the additional FAR is used to increase the size of the affordable housing units beyond the minimums. P & Z rejected the idea of parking in open space for affordable housing projects. P & Z felt that both parking and open space are important and should be provided. Richman told Council these recommendations will be before Council at their next meeting. Richman told Council P & Z looked at various FAR bonuses. They were not anxious to encourage a lot of additional FAR. Councilman Tuite asked how the 2/3 came about. Richman said it is 2/3 of the 10 percent. Richman said P & Z felt that a majority of the bonus should go towards employee housing but the owner should get some for free market. 7 Re ular Meet' n A en Cit Counc' 1 Fe ruar 13 198 Rick Neiley, representing Valley Hi, told Council the more this ordinance is whittled down, the more unfair it becomes and the more site specific it becomes. Neiley said he cannot see this ordinance working to create affordable housing without incorporating into it a reasonable FAR bonus and addressing the parking requirements. Neiley encouraged Council to go back to the drawing board and come up with a comprehensive ordinance. Neiley urged Council not to adopt Ordinance 47 without full consideration of an FAR bonus and something that will prompt people to redevelop their property. Councilman Tuite said he would 1 ike to see more incentives. Richman said the FAR bonus will be a separate ordinance at the next hearing. Richman reminded Council there is a density bonus in Ordinance 47 which has been created for this ordinance. Richman said parking for affordable housing is set by P & Z and the applicant can work with the city on parking required. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #47, Series of 1989, as amended, on second reading; seconded by Councilman Tuite. Mayor Stirling said he feels this legislation lacks equitability in not addressing all ownership in the same way. Mayor Stirling said the majority of the changes that have occurred have been in single family and duplex ownership. Mayor Stirling said he does not feel this ordinance goes far enough. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Mayor Stirling, no. Motion carried. LEASE AGREEMENT - Marolt Barn Roxanne Eflin, planning office, told Council this is a proposed lease between The Aspen Historical Society and the city for the area known as the Holden/Marolt barn site. MS. Eflin said the community is very fortunate to have this historic structure still existing. Ms. Eflin said for the Historical Society to take on this project as a museum is very commendable. Staff recommends the city approve the lease for 75 years to demonstrate their commitment to such an important community asset. Carl Bergman, Historical Society, introduced the committee of John Moore, Mark Follard, Graeme Means. Bergman told Council the Historical Society has been working on this proposal for a number of years. Council approved Resolution #20, 1988 giving the Historical Society the Marolt barn. Council also designated the barn historic and gave the Historical Society a grant of $2, 000. Bergman told Council they have a structural engineer working on the building. Bergman said their proposal is 8 Re4ular- Meetinct Aspen City Council - -February 13 . 1989 for 1.9 acres of the Marolt parcel which consists of the barn and the salt shed. Bergman said not included in this proposal are the ruins and the assay house. Bergman said the Historical Society is restoring the lixiviation site which started in 1891. Bergman said at the time this plant was built, it was the most complete of its kind in the United States. Bergman said this will be put on the national historic register. Bergman told Council the Historical Society will restore the outside of the barn and as much of the inside as possible. Bergman said this barn will become a ranching exhibit building to retain the history of this valley. Bergman said this barn can be used for meetings, picnics, outdoor recreation. Bergman said the existing bike path circles the entire barn. Bergman said they will involve the Nordic people in this proposal. This will be an area people will see and will be a plus for the community. Bergman said the Historical Society will be getting grants to help this project . Bergman said in the initial stage they will fix the roof and the deck. Bergman requested Council for a 99 year lease on the barn. Fred Gannett, city attorney's office, reminded Council there was a Charter provision adopted saying the city shall not dispose of property without a vote of the people. Gannett told Council disposal has been categorized in some lawsuits as a long term lease. Gannett said he cannot give Council a figure of "long term". Gannett said the Historical Society has worked very hard and they need was they are asking for. Gannett said a 99 year lease sounds pretty close to disposal. Gannett said if Council goes with less than a 99 year lease, they could put a 1 iq uidated damages provision in the lease. Gannett said he is concerned about Council tying up the use of the property; however, the Historical Society should have the benefit of a security deposit which would allow them to plan for a new site. Gannett said the Historical Society plans on putting a lot of time and money into this project. Gannett said an alternative is for the city to deed the land to the Historical Society, which would involve a vote of the electorate. Councilman Tuite said he would be willing to put this on the ballot in May to deed over to the Historical Society. Mayor Stirling said he questions whether this is the right location for this ranching museum. Mayor Stirling said the PCPA lists 3 conditions; two are that the use is not in violation of zoning, plattings or open spaces uses of the property, and that the use does not conf 1 ict with or inhibit public use of open space. Mayor Stirling asked if the public will still be able to use the property . Bergman said there is no plan to bring cars on to this property. Mayor Stirling said another issue is how the city would preserve and maintain the barn without this type of joint project. Bergman said he does not see a conf 1 ict of this use with the public use . 9 Regular Meet' - A e C' t C unc' Fe r 13 1989 John Moore said the bike/skiing path will remain and will bring visibility for the museum. Graeme Means said the trails and open space would be used more. Means said if the open space is going to be used by people, this is an excellent project to do that. The project does not have a lot of negative ramifications. Means said without a long term lease or ownership of the land, the money and grants will not be available. Aft Pfister suggested the city give this land to the Historical Society and let them develop the project. Ramona Markalunas told Council this is one of the truly historic buildings left in the community. Ms. Markalunas said the Historical Society has a good track record in preservation and rehabilitation. Jay Baxter said he feels this is a good project. Baxter said a lot of people are enthusiastic about this project. Baxter said he feels open space will be saved if the city goes with this project. Les Hol st said he 1 i ke s the idea of the museum but does not know if this is the appropriate place for it. Holst said he feels this particular project would be better down valley on a working farm. Bergman said the project has to be accessible to town. A historic barn cannot be moved. Moore said the city will be getting a museum and will be getting a building that will be fixed up. Moore said they will preserve the barn as much as possible and will not be making any additions with the exception of possibly restoring a cupola that was there. Means said the best way to restor an old building is to make it useful. Means said the Historical Society would be the best stewards for this building. Mayor Stirling said he heard from Delores and Dick Stutsman who are in favor of the project. Jerry Gerbaz also indicated his support for this project. Gannett said he is not sure the PCPA would not file suit or expand their present suit to include the proposed museum use. Gannett said one of the issues in the PCPA's present suit relates to the platting of the property. Councilman Isaac said he talked to a PCPA member who indicated they favor the use of the barns by the Historical Society. Councilman Tuite said he would like to give the land to the Historical Society in the best possible way, including a lease and a ballot question for deeding the property over. Councilman Isaac said he favors a long term lease for the property, but it should be kept in city ownership. Councilman Isaac said this lease should be taken to the voters for ratifica- tion. Councilman Isaac said taking this to the voters would also get the community involved in the project . Coun Gilman Gassman said this proposal is a good use of the barn; however, he is concerned about the effect on the open space. Councilman Gassman said he is concerned about vehicle access in the future. Councilman Gassman said there are always uses proposed for the city's open space. Councilman Gassman said stewardship for this property rests in prudence and caution. Mayor Stirling said 10 Regular Meeting Aspen City Counct~ February 13. 1989 his preference is for a lease rather than a deed, and going to an election. Mayor Stirling moved to direct the city attorney to ref ine the lease and address issues of vehicles and vehicles access, length of the lease, liquidated damages, statements about not expanding or adding on to the building, and bring this back February 27; seconded by Councilman Tuite. Councilman Isaac said the length of the lease can be 50 or 99 years, whatever will help the Historical Society. Councilman Isaac said he feels $1.00 per year for the rent. Councilman Tuite said he would support a minimum lease of 50 years at $1.00 per year. Councilman Isaac asked if there is a reverter clause to the city. Gannett said there is a default clause which states if the Historical Society fails to honor the terms and conditions of the lease, it reverts back to the city. Gannett said the amount of liquidated damages is important to the Historical Society. Gannett said in the event of termination, the Historical Society wants a minimum termination period to give them time to find a new site. Mayor Stirling said he would like the lease to address a period of due diligence so that the city is not locked into this for years and the project does not happen. All in favor, motion carried. AFFORDABLE HOUSING FINANCING ALTERNATNES Deputy City Manager Ron Mitchell said Council directed staff to ref ine information relating to the potential revenue sources for funding affordable housing. Mitchell requested direction from Council on which alternatives they prefer so staff can present additional information. Mitchell said sources of funding discussed are county property tax, city sales tax, city real estate transfer tax, as well as waiver of fees to make housing projects more affordable. In his memorandum, Mitchell listed different levels of funding. The housing element uses as a goal for affordable housing $12,000,000. Mitchell said the property tax would be 1, 2, or 3 mills, the sales tax ranges from 1/4 cent to 3/4 cent, the real estate transfer tax ranges from 1/2 percent to 1-1/2 percent. The Council has the ability to waive fees on a project by project basis. Mitchell told Council regardless of the revenue source, the best way to maximize this is by issuing general obligation bonds . Councilman Isaac said his preference is to tackle this on a county- wide basis. This would narrow the funding down to a mill levy as the county cannot do a transfer tax nor raise any more sales tax. Councilman Isaac said he would like the property tax to start at 1 mill. Councilman Tuite said the Council should be looking at 11 Regular- Meeting Aspen City Council - February 13: 1989 rezoning in order to encourage employee housing. Councilman Tuite said even if the city reduces the GMP, 50 affordable units per year are needed. Jim Adamski, housing director, told Council they are going to P & Z with an AH, affordable housing, zones woffice, ltobd coming to Council. Fred Gannett, city attorney Council all the sites for affordable housing that have been identified by the staff are located in the county. Al Blomquist requested Council ask staff to identify the annual loss of housing over the last 5 years to determine how many homes have been lost to the second home market and the investment activity in the community. Blomquist said the goals of the planning office are to preserve existing housing, produce addi- tional housing and reduce the demand for housing. Blomquist said if this is applied to the suggested taxes, only one meets the goals, to produce additional housing. None of the taxes does anything to preserve existing housing or to reduce the demand for housing. Blom~uist said the PCPA suggests a graduated real estate transfer tax. Blomquist requested Council have staff analyze this and present it as an alternative. Blomquist said the graduated tax tends to preserve existing housing, to produce additional housing and t o reduce the demand problem. Blomq uist said the graduated tax will slow the speculative process and will enable the city to get a gain in the new housing they are able to produce. Blomq uist said the loss in housing has been occurring for years. Buzz Dopkin suggested Council get a task force of individuals in private enterprise to participate in solving this problem. Dopkin said if the opportunity is given to many builders, they would build these projects with their own financing. The city needs to give these builders the pro per zoning. Adamski pointed out there has been a housing zone in the county and no one has taken advantage of it. Adamski said the real issue comes down to density. Adamski said if the city keeps the density down, they have to create a subsidy. Councilman Tuite said if there is to be a property tax, he would favor it encompassing larger than the city limits. Councilman Tuite said he could support an anti-speculation tax in the city. Councilman Tuite said he supports a housing zone category. Councilman Gassman said he is uncomfortable sitting and picking a tax. Councilman Isaac said the free market has not provided any housing. The Council needs to show leadership and push this. If the city does not designate land for employee housing and put seed money into it, the projects will not happen. Mayor Stirling said he does not favor a tax at this point. Mayor Stirling said there is a crisis, and that crisis is what it costs to rent. Mayor Stirling challenged Council to tackle the issue of controlling rents rather than trying to raise money with taxes. 12 ReQUlar= Me t-' _ A en Cit Co c' - - _ F r -13 1-989 Mayor Stirling said there is employee housing being put into motion, the Red Roof, the Marolt project, the hospCouncilowantsato Hunter Longhouse. Councilman Tuite asked if the try and integrate employee housing within neighborhoods of the city. Doug Allen, housing authority, told Council incentives need to be given to developers. Tom Baker, planning office, said P & Z and Council have consistently said they want housing dispersed throughout the community. Baker said if the city creates an affordable housing zone, there is an opportunity to zone a particular area without the spin off effects for future upzoning requests. Mayor Stirling moved to direct the city manager to pursue the AH zone, to pursue the issue of price controls and feedback from the planning office, get further information about the annual loss of housing, and to give a specific proposal on a graduated, specula- tive transfer tax, with a report back by March 13; seconded by Councilman Tuite. Councilman Isaac said he is not interested in rent controls at all. All in favor, with the exception of Councilman Isaac. Motion carried. ENCROACHMENT REQUEST - Martin 710 North Third Elyse Elliott, engineering department, told Council when this property was condominiumized, staff noticed the house encroached. Staff requested the Martins get a license for this. The Martins have requested an additional encroachment for parking spaces in front of their house. Ms. Elliott said staff supports the encroachment for the historic structure but not for the parking. Councilman Gassman moved to grant the encroachment req uest for the porch but not for the parking; seconded by Councilman Isaac. Bill Martin asked if he has to eliminate the parking spaces. Ms. Elliott said the city did not want to give Martins exclusive right to the parking spaces since they are public parking. All in favor, motion carried. ENCROACHMENT REQUEST - 200 East Main Elyse Elliott, engineering department, told Council this encroach- ment request is for a building to be built. The applicants are bound by their GMP application to provide 5 parking places. The applicants would like to provide 7; they can provide 5.5 on their property and would 1 ike to put the other 1.5 spaces on city property. Ms. Elliott said staff supports this because it would 13 Regular- Meeting - - Aspen City Council. - - February 13 ; 1989 be public parking and a condition of the permit would be that the parking would never be signed for private parking. Councilman Gassman said it looks like one of the spaces is one the sidewalk. Ms. Elliott said this would cut down on the sidewalk but there would still be a 4 foot sidewalk. Councilman Gassman moved to deny the encroachment license; seconded by Councilman Isaac. Councilman Tuite said he could support this if the remaining 5 parking spaces were not rented out. Councilman Isaac pointed out this is only 2 blocks from the new parking structure. Councilman Isaac said he does not want cars taking up spaces designated for pedestrians. All in favor, with the exception of Councilman Tuite, Motion carried. REQUEST- FOR- FUNDS - Aoq ui si ti on of Vacuum Sweepe r Councilman Gassman asked what kind of sweeper the city bought last spring. Ebby Tacker, streets department, said it is a broom sweeper, for the larger particles, which cost $78,000. This is a vacuum sweep for the fine dust. Deputy City Manager Ron Mitchell told Council the streets department runs two sweepers, one to pick up the larger particles and then one to pick up the finer par- ticles. Mitchell said this is replacing an old sweeper. Mitchell told Council in order to maximize the sweeping and address the sanding issue, the city has to have two types of sweepers. Councilman Tuite asked if this needs water to operate. Tacker said it does. Mayor Stirling moved to approve purchase of the Elgin premiere whirlwind vacuum sweeper and to appropriate $19,000 from the contingency fund for purchase in 1989. Motion DIES for lack of a second . Councilman Isaac moved to approve the Elgin premier whirlwind vacuum sweeper and $19, 000 to come out of the general fund fund balance; seconded by Councilman Gassman. Swede, FMC, told Council the machines need the water as a lubricant in order for a sweeper to 1 ast . All in favor, motion carried. USE OF- IMi~OUND- LOTf SNOWMELTER Councilman Isaac said he is not ready to proceed as he would like more information. The machine has been down a lot. Deputy City 14 Reauiar- Meeti~q= - - _ - - _ _ _ Aspen- City Council- - - - February 131 1989 Manager Ron Mitchell told Council one of the major inhibitors to maximizing the operation is the size of the pit. Chuck Roth, engineering department, said there have been various reasons the pit has not operated, operator problems, cold weather, not being able to get parts. Mayor Stirling suggested Council discuss this in a work session at the end of the winter and look into the details; seconded by Councilman Tuite. All in favor, motion carried. ST-.- PATRICK' ~-~ OAY- PARADE S'~REET CLOSURES Patricia Hill told Council she is proposing a St. Patrick's day parade to give people an outlet for their creative energies and to provide activities for children. Ms. Hill said she is planning to join with one of the substance abuse programs for sponsorship for this parade. Mayor Stirling said he thinks the parade is a good idea. This needs more work to let Council know exactly what is needed. Ms. Hill told Council she met with the Resort Association and they will support this in whatever way they can. Ms. Hill said the proposed parade route is the usual one starting at Paepcke park and dispersing on Cooper street. Ms. Hill said she is hoping there will be an activity at the end of the parade. Mayor Stirling moved to direct the city manager to appoint the appropriate staff person to work with Ms. Hill on this and to do everything they can to support it; seconded by Councilman Tuite. Councilman Tuite read into the record a letter from O'Leary's supporting the concept but not to anything else or any specifics. Ms. Hill said the Resort Association was under the impression that O'Leary's was going to provide t-shirts. These will be sold. All in favor, motion carried. ORDINANCE- #3-,- SERIES OF 1989 - Rezoning Mountain House (Councilman Tuite left due to a conflict of interest) . Cindy Houben, planning office, said this proposal is to add an additional 12 guest rooms to the Mountain House. This will entail acquiring the next door property. Ms. Houben told Council there was a great deal of neighborhood interest at the P & Z level. The neighborhood was concerned about the existing parking situation, the massing of the building, and the activity level of having a lodge in a residential area. P & Z is recommending approval with conditions that take care of several of these concerns. Ms. Houben told Council initially the applicant proposed a restaurant that would be open to the public. This will not be limited to guests of the lodge. The applicants have cut back on the square footage about 7 50 square foot and the room count has gone from 18 to 12 . 15 Regu~.ar Meeting- - - - Aspen City- Council February- 13 . 1989 Ms. Houben said staff feels this does support the intent of the LP zone district, which encourages the maintenance of small lodges and a 1 invited expansion of small lodges. P & Z feels with the conditions listed, this lodge could work and co-exist with the neighborhood. Ralph Melville told Council there will be employee units that can handle the employees of the lodge. Mayor Stirling said he feels it is appropriate the applicant control these units. John Werning told Council the applicants are making every effort to find a location to move the log house next door. They will donate this house. Welton Anderson, representing the applicant, told Council they studied integrating this log cabin into the lodge. It would not be architecturally consistent with the lodge. Anderson said condition #4 needs clarification. Anderson said he called the sanitation district who told him at some time they are planning on upgrading the sewer service in that alley. The sanitation district does not know when nor how much a pro rated share will be. Anderson said he feels it is premature to ask the applicant to pay up front when the sanitation district does not know how much money they will want. Anderson requested the condition be changed to state the applicant will agree to join an improvement district when one is formed for that neighborhood. Ms. Houben said that is reasonable. Mayor Stirling moved to read Ordinance #3, Series of 1989; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE # 3 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL REZ ONING LOTS A, B AND 1/2 OF LOT C OF BLOCK 32 OF THE CITY OF ASPEN FROM RMF (RESIDENTIAL MULTI FAMILY) TO LP (LODGE PRESERVATION) was read by the city clerk Councilman Isaac moved to adopt Ordinance #3, Series of 1989, on first reading; seconded by Councilman Gassman. Councilman Isaac said he is concerned about the neighborhood impacts in a residential area. Mayor Stirling said this is a mixed neighborhood. Mayor Stirling said it is preferable to have small lodges in the community rather than empty second homes. Ms. Houben told Council there are only 5 single family homes left in this area. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. 16 Re u ar-Meet' - - - - - - A e Cit C u c' F ~ b r13 1989 ORDINANCE- #~:- EERIES OF- 1989 - Zoning Block 19 Councilman Isaac moved to read Ordinance #2, Series of 1989; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #2 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ZONING THE BLOCK 19 ANNEXATION AREA R-6 IN THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #2, Series of 1989, on first reading; seconded by Councilman Gassman. Cindy Houben, planning office, told Council P & Z felt with the lot size and R-15 zoning would not give anyone good buildable area. R-6 fits better in this area. Ms. Houben told Council when this area was zoned, the idea was to zone the land at the hill side R-15/PUD to preserve the quality of development . Ms . Houben said no one took a good look at the other side of Hopkins. Ms. Houben said staff has recommended to P & Z to look at this entire area; however, because this was just annexed, it needs to be zoned within 90 days. Mayor Stirl ing said he would like to hear more about the background of this at the public hearing. There is a mix of zones in this area. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. RESOLU`IION-~#6; SERIES -OF -1989 - 516 East Hyman GMQS Allocation GMQS Exemption Ms. Houben told Council this was one of two applications in the commercial growth management this year. Ms. Houben said the applications are requesting 1571 square feet of additional square feet. The applicants have found 400 square feet for an employee unit in the building. Councilman Tuite moved to approve Resolution #6, Series of 1989; seconded by Councilman Isaac. Mayor Stirling asked why this building was not done all at once. Kim Weil, representing the applicant, told Council the owners decided to build the first floor as a reconstruction and then apply for GMP for the second floor. Weil said the applicant does not have any problems with the conditions. All in favor, motion carried. 17 Regular- Meetinct- - _. _. _ - A~.pen- City Council- _ ~ - Februarv 13 ; 198-9 ASPEAI- MOUi~I~~IA1_PARK_~ ITKiN-~ RESERVE) -~ PUD- AMENDMEAIT Fred Gannett, city attorney's office, said this will accomplish the city's purpose making this part of the chain of title and accom- plishes the applicant's purpose as well. Mayor Stirling moved to accept the clarification in the form of a recorded instrument referencing the original PUD book and page; seconded by Councilman Gassman. All in favor, motion carried. RESOLUTION- #3,- SERIES- 0F- 1~$9 - Rio Grande SPA Tom Baker, planning office, told Council staff revised the resolu- tion to reflect Council concerns about snowmelting for the access road off of Mill street. Baker said the condition about the library serving the parking structure with an elevator has been deleted because the library has made that commitment. The remain- ing conditions deal with utilities concern, environmental health concerns. Council has indicated it is the city's responsibility to do the alley and not impose that condition on the library. The 1 ibrary is showing a drop off which was agreed to by Council . Deputy City Manager Ron Mitchell said the staff may ask for an amendment to the resolution relating to the generation of employees depending on the fare structure for the parking structure. Mitchell said there will be 2 additional employees generated for traffic control and 2.6 for fare collecting. Mitchell said this latter figure may be lower. Councilman Isaac said he would like to make sure the SPA plans have a spot for a recycling center. Baker said this is only 2 dump- sters, which will not be a problem. Baker said if the program gets larger, staff will come in for an amendment to the SPA. Baker said this is the final SPA approval for the parking, library and transportation center. Mayor Stirling asked how the city is going to proceed with the rest of the Rio Grande. Baker told Council when this SPA started, there was no information on the youth center and arts facility. Baker said these will be required to go back through the conceptual steps so that P & Z and Council have an opportunity to direct these groups. These two uses will be allowed to come in independent of other groups because footprints for their uses have been identified. Simone Genatt told Council they are working on a center designated for arts usage and will submit an application this summer . Mayor Stirling asked about the rail road group. Baker told Council the Western Slope Railroad Association is making an effort to reinvigorate the concept of commuter rail. Baker said the railroad only went through conceptual and has a lot of conditions to meet for final SPA. Councilman Isaac moved to approve Resolution #3, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. 18 Rec~ula~r- Meeting- _. _. _. _. _ _ _ Aspen City Council- _. _. _. February.. 13 , 1-989 PARKING- ~TRETCTURE- LEASING AGENT Deputy City Manager Ron Mitchell told Council there will be 5,000 square feet of space that will be leased out. Mitchell told Council there is a proposal from Ross Consulting, part of the original team, to act on that behalf. Mitchell told Council the other option is to go out to bid. Mitchell said staff does not have the qualifications to handle this. Mitchell recommended staff request bids to have a leasing agent to work with firms to have these spaces occupied and operating when the parking structure opens. Mitchell said he feels the city will enhance their revenues and do a better job if they hire a professional in this area. Councilman Gassman moved to ask for bids for a leasing agent; seconded by Councilman Tuite. All in favor, motion carried. CENTENN3AL~ASPEN- LETTER- OF- AGREEMENT Deputy City Manager Ron Mitchell reminded Council they had a work session on this about a month ago. There were 4 outstanding issues; 2 relating to city claims against Centennial for a water charge and additional tap fee, and the claim from Centennial for the conservation rebate. Council directed staff to try and resolve these issues. Mitchell said staff negotiated a settlement that resolved the water charge, additional tap fee and conservation rebate where the city is to pay Centennial $11, 000. Mitchell said the ECUs that are added to the Rubey interconnect will continue to operate as the contract indicates. Mitchell said he would 1 Ike approval of the draft agreement subject to the city attorney's reviewing it. Mitchell said the money will come out of the water fund. Councilman Tuite said if the city does employee housing and decides to help this housing along with water tap fees, he would hate to see the city pay back this $450 per ECU. Mitchell said t he only area this refers to is part of service area 2 bounded by Hunter creek, Roaring Fork. There is a maximum of 200 ECUs and a limit of the year 2007. Mayor Stirling moved to approve the draft agreement subject to the city attorney's review; seconded by Councilman Isaac. All in favor, motion carried. Council adjourned the meeting at 8:55 p. m. Kathryn S Koch, City Clerk 19