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HomeMy WebLinkAboutminutes.council.19890508Regular Meeting Aspen City Council May 8, 1989 PROCLAMATION - National Historic Preservation Week 1 PROCLAMATION - National Hospital Week 1 PROCLAMATION - Transit Appreciation Day 1 PROCLAMATION - Be Kind to Animals Week 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1. CONSENT AGENDA 5 CONCEPTUAL PUD - Aspen Greens (Red Roof Inns) 5 ORDINANCE #16, SERIES OF. 1989 - Historic Landmarks GMQS Exemption 9 ORDINANCE #17, SE~IES OF 1989 - Demolition of Historic Structures 11 ORDINANCE ##20, SERIES OF 1989 - Cap's Auto Land Exchange 12 RESOLUTION #15, SERIES OF 1989; ORDINANCE #23, 1989 - Admin- istrative Delay, Demolition of Multi-family Structures 13 ORDINANCE #21, SERIES OF 1989 - Amending Lodge and Residential GMQS Quotas; Amending Requirements of Duplexes 16 PARKING STRUCTURE FILL STORAGE AND TEMPORARY PARKING 18 ORDINANCE #22, SERIES OF 1989 - Appropriations 18 AMENDING DRUG AND ALCOHOL POLICY 19 CIVA REQUEST TO USE RIGHT-OF-WAY 19 SNOW MELT CONSTRUCTION PLANS 19 INSUBSTANTIAL PUD AMENDMENT - Summit Place 20 22 Regular Meeting Aspen Citv Council May .8__,___1989 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Tuite, Fallin and Gassman present. PROCLAMATION - National Historic Preservation Week Mayor Stirling said there will be a panel discussion May 17 at the Hotel Jerome. There are events planned for this week. Mayor Stirling read a proclamation into the record. Council declared May 14 to 20, 1989, as National Historic Preservation Week. PROCLAMATION - National Hospital Week Mayor Stirling read a proclamation into the record. Council declared May 7 through 13, 1989, as National Hospital Week. PROCLAMATION - Transit Appreciation Day Mayor Stirling read a proclamation into the record and declared May 17, 1989, Transit Appreciation Day as well as free ride the bus day. PROCLAMATION - Be Kind to Animals Week Mayor Stirling read a proclamation into the record. Mayor and Council declared the first full week in May as observing kindness to animals. CITIZEN COMMENTS 1. Jane Ellen Hamilton, representing Mountain Rescue, reminded Council the city owns the property where the Mountain Rescue cabin is located. Ms. Hamilton told Council they are applying for a slight expansion of the cabin. Ms. Hamilton told Council they have met with HPC, will meet with P & Z and Council on this expansion. 2. Mac Cunningham told Council the Aspen Historic Trust will be participating in Preservation Week. Cunningham said Some citizens felt it was important to have a group of positive, forward looking charitable organization to disseminate information about the historic nature of Aspen, to provide a conduit to donate facades of buildings as historic easements, to adopt a building program. Cunningham said their purpose is to give people economic incentives in order to save their properties. Cunningham said there are members of the private sector, a member of the planning office, 3 members of HPC, 3 members of the Aspen Historic Society. COUNCILMEMBER COMMENTS 1. Mayor Stirling said he is looking forward to working with the citizens of Aspen for the next two years. Mayor Stirling proposed 1 Regular Meeting Aspen City Council May 8, 1989 Council consider an administrative delay, resolution and an ordinance, which would put the quietus on demolition of any multi- family structure for 90 days. Mayor Stirling said the issue for the town is the threatened loss of a variety of multi-family structures, all of which house local residents. Mayor Stirling said Council is in the position of having to react one by one to these projects as each is threatened. Mayor Stirling said this is an inefficient and inappropriate way to respond. Mayor Stirling as a result of the recent election, the city has a source of revenue and can be a player in some cases. Mayor Stirling said there is an affordable housing zone district working its way through P & Z, which will create more density for 100 percent housing projects. Mayor Stirling said the results of the recent election demonstrate the emphasis of the town. Mayor Stirling moved to add to the agenda as the first action item an administrative delay resolution and a first reading of an ordinance; seconded by Councilwoman Fallin. All in favor, motion carried. 2. Mayor Stirling said the chief of police and manager have discussed not putting the police staffing report on this agenda. The chief of police feels this is important to do with the new Council. Mayor Stirling suggested a work session on Tuesday, May 30 at 5 p.m. 3. Mayor Stirling said the school ballot issue is that the old schools will not be sold. Mayor Stirling said he has talked to the. school board, and they are interested in working with Council to determine the uses for that building. Mayor Stirling proposed a work session in June with the school board and Council to discuss this. 4. Mayor Stirling changed the proposed work session June 18 on the city attorney evaluations to June 30th at 6:30 p.m. 5. Mayor Stirling reminded Council there is a work session Thursday, May 11 at 4:30 on the auto free downtown with AVIA, RFTA and the Commissioners. 6. Mayor Stirling said Lou Wille's conquistador sculpture has been moved off the stable property. Mayor Stirling said he would like to know where it has been placed and if the artist has been contacted. Deputy City Manager Ron Mitchell said it is in storage temporarily during the construction. Mitchell said there is a proposed permanent location on the plaza of the new parking structure. Richard Compton suggested this may be placed in the art park. 2 Regular Meeting Aspen City Council May 8, 1989 7. Mayor Stirling moved to direct Deputy City Manager Ron Mitchell to be sure the landscaping, sprinkling, the upgrading at Castleridge have been done or are in process and that they meet the standards discussed and that the proposed rent increases meet the agreement; seconded by Councilman Isaac. All in favor, motion carried. 8. Councilman Gassman said he has been looking around town and it seems the city is losing trees especially in the west end. Councilman Gassman said he would like to see the city take a more active role in this, like the city could provide trees and the homeowners do the maintenance. Mayor Stirling said he would agree with this. City Manager Bob Anderson said this is feasible, and other cities do this. Council agreed to discuss the various approaches. 9. Councilman Gassman said the city has appointed boards that are doing more complicated things and getting heavier work loads. Councilman Gassman said no one would deny the boards could use some help or expertise. Councilman Gassman said there are a lot of people who come here often, or own second homes here. Councilman Gassman said there are people who are not residents who are involved in different issues in their own towns. Councilman Gassman proposed setting up an advisory, non-voting, non-resident membership on the local boards for committed visitors. Councilman Gassman said this sends a nice message to people who contribute a lot to Aspen. Mayor Stirling said it is a great idea to try and tap this resource. Council asked the city attorney's office to look into how this might be done and report back May 22nd. 10. Councilwoman Fallin moved to table Ordinance #19, Series of 1989, to May 22; seconded by Councilman Tuite. All in favor, motion carried. 11. Councilwoman Fallin said she was approached recently about bicycles being ridden on sidewalks. Councilwoman Fallin asked if the city has an ordinance and if so, why isn't it being enforced. City Manager Bob Anderson suggested more publicity on this ordinance. Anderson said it is difficult to enforce this ordinance unless there is a police officer there when it happens. 12. Councilwoman Fallin said she has received complaints about speeding in the Smuggler, Centennial area. City Manager Bob Anderson said he will suggest the police department patrol this area more. 13. Councilman Tuite told Council RFTA is meeting with the Ski Company tomorrow, and hopes something can be worked out. Council- man Tuite will report back to Council. 3 Regular Meeting Aspen City Council May 8, 1989 14. Councilman Tuite moved to move the Wheeler Lobby Report to the consent agenda; seconded by Councilwoman Fallin. All in favor, motion carried. Deputy City Manager Ron Mitchell said the traffic may be alleviated in the Wheeler. The city is discussing with the ARA putting their offices in the new transit center. 15. Councilman Isaac proposed a work session on the 1989 budget in light of the unexpected cash position. Councilman Isaac said he would like staff bring to Council some of the items not funded in the budget for re-evaluation. Councilwoman Fallin said there were items Council promised to fund if the money could be found. Councilman Tuite said any surplus was to go towards capital improvements. Mayor Stirling said he would rather see this surplus go towards housing. Mayor Stirling moved that the new Council tackle this in a work session June 19th at 5:00, and that the manager prepare a list of projects that were put aside, with suggestions from Council; seconded by Councilman Gassman. All in favor, motion carried. 16. Councilman Isaac brought up the issue of raises for Council. Councilman Isaac said he feels it is appropriate that Council be compensated better for the time they are putting in. Councilman Isaac moved Council review their salaries for the next term. Motion DIES for lack of a second. 17. Mayor Stirling brought up the advertised salary range of $48,000 for the new planning director. Mayor Stirling said it may not be possible to get the type of person needed at this salary at this extraordinary time. Mayor Stirling asked what the procedure would be to analyze the ranges and give more flexibility in this range. City Manager Bob Anderson said Pitkin County has just completed a study, and people at the higher range of the county have a higher salary range. Anderson said there is an argument that the complexity of the task could make this on a par with the agency director positions. Anderson said if it takes more salary to get the appropriate candidate, the city can re-evaluate this. Council agreed. 18. Mayor Stirling said Greg Poschman won a national award for the film, Portrait of Aspen. Council contributed to this film several years ago. Mayor Stirling said there were 1128 entries for this award, and Poschman won first place. 4 Regular Meeting Aspen City Council May 8, 1989 CONSENT AGENDA Councilman Gassman moved to take Summit Place Insubstantial PUD amendment off the consent agenda; seconded by Mayor Stirling. Councilman Gassman said he would like an explanation of this item. Council placed it at the end of the action items. All in favor, motion carried. Councilwoman Fallin moved to accept the consent agenda as amended; seconded by Councilman Isaac. The consent agenda is: A. Extension of Lease - Wheeler Opera House B. Liquor License Renewals - Cordon's; O'Leary's; Wheeler C. Minutes - April 24, 1989 D. Cooper Street Greystone Condominiumization E. Amending Minutes October 24, 1988, RE: Ordinance #41. This amends the minutes of October 24, 1988, page 16, line 20 to read "APPROPRIATING WATER FUND EXPENSES OF $900,000" F. Special Event Permit - Thrift Shop G. Housing Unit at Animal Shelter H. Mountain House Lodge Employee Unit Covenant Councilman Tuite brought up the housing unit at the animal shelter and asked if the funds going to the city are restricted. Deputy City Manager Ron Mitchell said these funds are going to the police department. Mitchell said the police department has budgeted for the debt service payments and associated costs, so they are receiving the revenues. All in favor, motion carried. CONCEPTUAL PUD - Aspen Greens (Red Roof Inns) Councilwoman Fallin brought up the name of the project. Mayor Stirling pointed out the P & Z resolution states the name should be changed to something not using Aspen or Greens. Tom Baker, planning office, said this project is implementing part of the city's housing plan. The housing authority has had an extensive public process. The P & Z is pleased with the results of this projects. The applicant has already addressed conditions of approval imposed by P & Z. Baker said two issues Council is to look at are rezoning and conditional use. These will be dealt with formally at final SPA. The rezoning entails rezoning a 154,000 square foot parcel from golf course support to public. Affordable housing is a conditional use in the public zone district. Baker reminded Council last month they made a program change, wanting permanent residents in the new 5 Regular Meeting Aspen City Council May 8, 1989 units and seasonal residents in the existing facility. Up to that point, staff had been focusing on seasonal residents for the entire facility. Baker said there are some concerns about parking, transit and traffic, which will be focused on at final approval. Tom Stevens, design team, told Council originally the buildings were designed around the concept of seasonal employees. With the new program for permanent employees, the design started over with a new plan at the same square footage and similar footprint. Stevens said the new design is geared specifically to permanent employees. The new design is 38 two-bedroom apartments and 8 studio apartments. Stevens said they have increased the parking to 1 space per bedroom and .6 per bedroom for the seasonal to accommodate 114 spaces on site. Stevens said there are 20 spaces on the golf course lot for overflow in the winter months. Stevens said the open space will be more usable than the original design; two tennis courts will be retained. The MAA will be using the seasonal, existing portion of the project. The MAA will put older students or faculty in the new portion. Stevens said the new project will cost about $200, 000 more than the original for a total of $3,800,000. Stevens said the rental rate for a two-bedroom units will be $675 to $700 per month and a studio of $350 to $375. Stevens said the second floor units will be larger and will rent for $750 and $800. Stevens said an advantage of the new project will be rentals on a 12 month basis and makes the economies of the project better. Stevens said permanent residency requires less maintenance, which also enhances the economics of the project. Stevens said with the program change, they have been able to lower the building, which has mitigated the visual impact concerns. Stevens said one issue is the highway 82 access for vehicles and pedestrians. P & Z has placed addressing this as a conditional of final approval. Stevens told Council he has contacted the highway department and will continue to work with them and the city engineering department. Stevens said they have looked at solutions from doing nothing to a signal light at this intersection. Stevens said the highway department is producing the EIS for the highway right now. Baker told Council P & Z felt comfortable with rezoning and conditional use as part of the affordable housing production plan. Council agreed they had no problems with these two requests. Baker said this project will also require special review for parking and the GMQS exemption at final approval. Baker went through the standards for rezoning. There are no conflicts with the land use code. This proposal is consistent with the affordable housing plan as well as the state highway corridor master plan. The existing facility will screen the proposed new construction. 6 Regular Meeting Asoen Citv Council Mav 8, 1989 Baker said the public zone district is compatible with the surrounding area. The residential use is also acceptable. Mayor Stirling entered into the record a letter received from C. E. Hopkins urging Council to vote no on the rezoning request. Hopkins said if affordable housing is built it will not be in keeping with the original open area use, and create an eyesore that would detract from the golf course. Baker said a standard of rezoning deals with the effect on traffic generation and road safety. Baker told Council this was of concern to P & Z, and there is not enough information to make a final determination on. This will be addressed at final. Baker said staff wants a sense from Council if they feel comfortable that this site can be rezoned if a11~ issues can be mitigated. Baker said this intersection is a problem now, and adding residents will add to this impact. Stevens suggested Council request a warrant study from the highway department for this intersection. Pat Dobie, Banner Engineers, told Council the highway EIS and improvements of the highway department will be done at some point. Dobie said the issue whether to spend housing authority money and make some improvements to the highway or to defer this is a Council decision. Dobie said the applicant can apply to the highway department and make some improvements. These are estimated at $250,000, which will effect the rents by $60 per month. The other way to deal with the improvements is request a warrant study. If it is found the existing intersection is deficient, then the burden of the improvements is on the highway department. Frank Peters said there is pedestrian access and vehicle access to the highway. Peters asked if an underpass has been considered, and how much this . would cost. City Manager Bob Anderson said he has been in contact with the highway department, and part of their position is if there is a change in use, this will require a change in the access permit. Anderson said an overpass ,or underpass is probably an expensive alternative. Councilman Gassman said the emphasis should be on not having cars, which is more consistent with what is being done in the rest of the community. Councilman Gassman pointed out this project is on a major bicycle/pedestrian route and there are buses going by here. Baker said a pedestrian underpass has been costed out at $75, 000. Anderson said if this is to be for employees of Aspen, there will either be left turn into traffic or right turn into the project, which would argue for a deceleration lane, rather than a stop light. Jim Adamski, housing office, told Council they would prefer to manage the project with a de-emphasis on cars rather than designing it to encourage people to use cars. Sy Coleman suggested charging for people to park their cars at this project, rather than raising the rent for everyone to make 7 Rectular Meeting Aspen City Council May 8, 1989 improvements. Steve Crockett suggested in the guidelines for tenants there might be extra points for people who do not have cars. Dobie said an issue is whether this project is solving employee housing or is solving employee housing and highway 82 problems both. Dobie said if the city asks the highway department for a warrant study, the recommendations for the intersection will get merged into the improvements for highway 82 as a whole. Mayor. Stirling said if a warrant study is presented to the applicant, the city cannot just ignore it. Councilman Tuite asked if the highway department has the right to tell the city they cannot build the project, if the city does not ask for a warrant. Councilman Tuite said the city can deal with this on their own. Councilwoman Fallin said there should be a way to get the bus into this project or a better way to get the pedestrians to the bus stop. Harry Truscott, housing authority, told Council making highway improve- ments will delay schedule of this project. Truscott said he would rather see these problems worked out through the management of the project. Council agreed not to ask for a warrant study unless there is no other way to go. Baker said another standard deals with demands on public facil- ities. Baker said the proposal is to deal with management as a way of dealing with the traffic issue. Truscott said the non-profit corporation that manages Hunter Longhouse will manage this project. Mayor Stirling said he would like the reasons why this corporation will manage the project at final consideration. Baker said the applicants have amended the drainage plan, and it is no longer an issue. Baker said another standard is adverse impacts on the natural environment. Baker said this site is beat up. Baker said there is an existing affordable housing project, and this is an expansion of that. Baker said some of the conceptual issues have already been addressed in the rezoning. Baker said the applicant will pursue a growth management exemption before final approval. Baker told Council the original proposal was about 22.5 units per acre; this proposal is 27 units per acre. Baker said staff looked at this site if it were zoned RMF. The lot area requirement would be 137,000 square feet and this lot is 154,000 square feet. The proposal is within the lot area requirement. These units will range from 700 to 900 square feet. Baker told Council the public zone sets all dimensional requirements by special review. Baker said the landscape plan is adequate for conceptual submis- sion. The applicant has committed to use low level incandescent lights. Stevens told Council the sewer line is not adequate to service this project and they propose to put in a new line built to the Sanitation District's standards. Stevens said the housing 8 Regular Meeting Aspen Citv Council Mav 8. 1989 authority has not addressed refurbishing the pool. Two of the tennis courts will remain for residents of the project. Councilman Isaac said he would like the tennis courts opened for the public; they were paid for by the public. Councilman Isaac said it might be better to get rid of the pool. Councilwoman Fallin agreed. Baker told Council this proposal will not cause the golf course maintenance vehicles to have to go around the site. The streets will be privately maintained. Baker said staff and P & Z find this proposal creative; however, there are concerns about transit, traffic and parking. The applicants have already addressed 3 of P & Z's conditions. There are other conditions to be met before final presentation. Councilman Gassman suggested taking out condition #11, affordable rents, as this has already been ad- dressed. Councilman Gassman moved to accept the conceptual planned unit development proposal on the golf course project; seconded by Councilman Tuite. Councilwoman Fallin said the support facility for the golf course should be emphasized so that in the future the residents do not try to do away with them. Stevens told Council they are aiming for a. December 1 occupancy. This may necessitate a special Council meeting in June. All in favor, motion carried. ORDINANCE #16, SERIES OF 1989 - Historic Landmarks GMQS Exemption Alan Richman, planning office, said this ordinance is an attempt to relieve historic landmarks of some of the exactions imposed in the adoption of the new code. Richman said some of these are to permit change in use to occur without impact mitigation. Richman said P & Z normally requires low income housing be provided; this ordinance allows moderate income housing to be provided. This ordinance permits sub-grade space be exempt from the affordable housing requirements. HPC has authority over the parking review. No cash-in-lieu for parking will be required in the CC or office zone for historic landmarks. Richman said one issue of discussion has been to what degree the affordable housing requirement will be reduced. P & Z's recommen- dation is that affordable housing mitigation will be at the 50 percent threshold level. In commercial development in the growth management system a project is required to provide impact mitiga- tion for 60 percent of the employees generated. The requirement in this ordinance would be for 50 percent of that 60 percent, or 30 percent of employees generated at 100 percent of allowable FAR. 9 Regular Meeting Aspen City Council Mav 8, 1989 Richman said as the FAR decreases, the affordable housing require- ment decreases 1 percent for 1 percent of FAR. Richman said the issue before Council is whether to accept the recommended scale from P & Z, which does provide benefit to historic structures or to accept the scale recommended by staff, which is more restricted. Richman said this ordinance does offer a lot of benefits, and cutting the affordable housing requirement as much as alternative 1 is too much. Richman presented alterna- tive 3 and 4, which do go to the 100 percent requirement. Richman recommended a minor amendment to this ordinance to provide the opportunity for staff level approval when a structure does not increase its net leasable or its floor area. Richman pointed out these changes on page 2 of the ordinance subsections lb and lc. Mayor Stirling opened the public hearing. Les Holst said this is a good attempt to help save historic structures. Holst said it should be as restrictive as possible. Holst said their ultimate goal is what a developer sees is what he gets. Holst said this is a good short term solution. Bil Dunaway said 30 percent for housing is not enough, with the other incen- tives being given. Dunaway said Council should accept the staff's recommendation. Mayor Stirling moved to consider accepting the ordinance with alternative 4; seconded by Councilman Gassman. Mayor Stirling said alternative 1 requires that 100 percent of the GMP threshold for housing is paid and drops to 0 percent at a 1:1 ratio. Mayor Stirling said this alternative moves away from a community need. Councilman Gassman said if one is not going to add any square footage, there should not be any requirement. If an applicant is building to the maximum FAR, they should have the same requirement as anyone else. City Manager Bob Anderson said the Council is dealing with two conflicting priorities; the desire to preserve structures, and the need for housing. Anderson said this can be tested over time anc~ adjusted in the future. Joe Wells presented a chart of the alternatives for FAR and housing requirements, the chart showing the requirements for project before the housing requirement was increased to 60 percent. Wells said it is not unreasonable to require no more than was required for all other projects before it was increased. Well told Council the housing requirement is a significant requirement for small structures on commercial core property. Wells said this require- ment would have added $225,000 to $500,000 on the Elli's addition. Mayor Stirling said Council wants this to be workable and not so 10 Regular Meeting Aspen Citv Council Mav 8, 1989 onerous that there is no preservation. Richman said a steeper scale is a strong inducement to stay below the maximum FAR. Gideon Kaufman reminded Council the HPC still has to approve of buildings. Kaufman said this started off with a 2:1 FAR which has been dropped to a 1.5:1 FAR. Richman said that is why the scale goes out to 133. Kaufman said HPC is concerned about preservation of buildings. HPC did not want to discourage creativity, and some designs will not be most efficient in terms of usable FAR. Councilman Isaac said he feels alternative 4 is very clear; however, alternative 3 givers more incentives to smaller buildings. Alternative 1 is inadequate. Councilman Gassman and Mayor Stirling in favor; Councilmembers Isaac, Tuite and Fallin opposed. Motion NOT carried. Richman said alternative 3 is difficult to understand. Also the more steep the curve, the more inducement to drop FAR. Councilwoman Fallin moved to adopt alternative #3 with the straight line; seconded by Councilman Isaac. Richman said this will require that an application provide affordable housing at 100 percent level to meet the threshold, and for each 1 percent reduction of floor area below the maximum permitted, the affordable housing shall be reduced by 2 percent. Richman said P & Z suggests a steeper scale is a greater inducement to not build to 1:1. Councilmembers Isaac and Fallin in favor; Councilmembers Tuite and Gassman, Mayor Stirling opposed. Motion NOT carried. Councilman Tuite moved to go back to alternative #4; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #16, Series of 1989, as amended on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #17, SERIES OF 1989 - Demolition of Historic Structures Mayor Stirling opened the public hearing. Roxanne Eflin, planning office, reminded Council this was origin- ally part of Ordinance #7 and was removed by the change of including the entire inventory of historic structures under the demolition review. Ms. Eflin said the current legislation 11 Regular Meeting Aspen City Council May 8, 1989 reviewing demolition, partial demolition and relocation of historic structures was not being adequately addressed. Ms. Eflin said the staff wants to review these and preserve them on site if possible, or relocate these structures within the community. Ms. Eflin said this ordinance separates demolitions, partial demolitions and relocations, and the entire inventory has been included. Ms. Eflin said HPC feels that not all historic structures should be preserved. Some small structures have been dramatically altered but HPC wants the opportunity to look at these. Ms. Eflin said staff is excited about working with the housing authority to combine historic preservation with affordable housing and make these two meet the goals of the community. Ms. Eflin said the rating structure for the inventory is inadequate and needs to be looked at again. Ms. Eflin said the preservation of Aspen requires inclusion of all historic structure identified on the inventory. Les Holst said this is a positive step in the right direction. Holst said if someone demolishes a structure without a permit, there is only a penalty of $300. Holst said the city needs a restrictive clause, like no building permit for 10 years if someone demolishes a historic building without permission. Mayor Stirling agreed this ordinance is missing a severe penalty. Ms. Eflin told Council Pasadena, California, has a 7 year moratorium on any type of illegal demolitions that go on, which is the only,way to prevent illegal demolitions. Councilwoman Fallen said the city has nothing in their codes for any violations of building regulations. Fred Gannett, city attorney's office, said the specific extra penalty should go in this ordinance. Mayor Stirling moved to amend Ordinance #17 to add a new section (g) under 7-602 which states that anybody who illegally demolishes one of the properties under the aegis of this ordinance would be subject to a 5 year moratorium of any kind of building on the property; seconded by Councilwoman Fallen. Gannett suggested the title also be amended to state there is a penalty. All in favor, motion carried. Councilwoman Fallen moved to adopt Ordinance ##17, Series of 1989, on second reading as amended; seconded by Councilman Gassman. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Tuite, yes; Fallen, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #20, SERIES OF 1989 - Cap's Auto Land Exchange Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #20, Series of 1989, on second reading; seconded by Councilman Tuite. 12 Regular Meeting Aspen City Council May 8, 1989 Deputy City Manager Ron Mitchell said this will have to go through subdivision and rezoning before the property can close. Mayor Stirling said the right of first refusal is only 30 days, and is that enough time for the city to react. Gary Esary, special counsel, said this is the minimum reasonable time. Lennie Oates, representing the applicant, said if there was an interest from the city, they could be flexible on how they scheduled the closing. Mayor Stirling said he would like to amend it to 60 days. Oates said this includes the entire business, not just the real estate. Mayor Stirling moved to amend the right of first refusal to change 3(b) from 30 to 60 days; seconded by Councilwoman Fallin. All in favor, motion carried. Oates said he had not understood that they had to wait for closing until the rezoning and subdivision of the property. Oates said they have been involved in"this for a long time, and the applicant wants to get the deeds recorded and the deal finished. Oates said the applicant is wi 11 ing to sign a covenant that they wi 11 go along with the rezoning and subdivision. Esary said the rezoning would not have to come before the closing, but the subdivision action would have to. Stone Davis said he has been going through this process since last August, and now he's being told he has to start over. Deputy City Manager Ron Mitchell said the city will be a co- applicant on this process and will do all the work. Davis said work has already started on this property. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #15, SERIES OF 1989; ORDINANCE #23, 1989 - Administra- tive Delay, Demolition of Multi-family Structures Mayor Stirling said the resolution authorizes an administrative delay in the acceptance or processing of any applications of building permits for duplexes or multi-family dwellings or for any land use application of replacement of duplexes of multi-family dwellings. Mayor Stirling said there is a threatened loss of these structures that house many-locals. Mayor Stirling said the city has to keep reacting unless they can get some breathing space. Council needs a chance to proceed with legislation with staff and the community. Mayor Stirling said the city now has funding sources for affordable housing and is also working on a PMH zone. Councilman Isaac said he has a possible conflict of interest and withdrew from the discussion. Alan Richman, planning office, said despite the efforts of Ordinance #47, the city still does not have adequate standards to deal with demolition projects. Richman said it is in the city's 13 Regular Meeting Aspen City Council May 8, 1989 best interests to reassess the housing program. Richman suggested a 3 month delay to September 12 and this time be used to develop an action plan. Richman said the city will not come out of this 3 month period with a set of regulations. Richman said if regulatory changes are needed, a second 3 month period will be needed. Richman pointed out section 5 of the resolution contains an exemption provision. Richman encouraged Council to delete the exemption provision of both the resolution and the ordinance. Richman said when the city is going forward with a delay and they. have a specific legislation in mind and what kinds of projects will fall outside of the intent, these projects can be exempted. Richman said the city needs time to study this issue. Richman said exemptions tend to focus on the issues before the city has an idea what they are trying to accomplish. Richman said the city tends to exempt projects that become part of the issue. Mayor Stirling moved to adopt Resolution #15, Series of 1989, deleting section 5; seconded by Councilwoman Fallin. City Manager Bob Anderson said if the Council adopts these measures, they might consider extending Richman's term through the end of July. Frank Peters said the city has been studying this problem with Ordinance #47 and with the affordable housing zone district. Council will not be starting at the beginning. Fred Gannett, city attorney's office, said staff is proposing a minimum delay and tries to identify solutions. Gannett said the city is trying to identify goals and mechanisms to alleviate the crisis. The city is also taking steps to rectify the problem. Gannett said the major legal liability is the temporary taking. One issue this creates is compensation. Gannett said by minimizing the delay, the city has reduced the window of opportunity. There are not that many applications that will be effected. Gannett said the second issue is the attorney's fees provision of a 1983 civil rights action. This creates the possibility that attorney's fees would be more significant than damages. Gannett urged Council to adopt this for a minimum period and if necessary to use 2 three- month delays, rather than one longer delay. Herb Klein told Council he has applied for a demolition and building permit at the corner of Smuggler and Seventh. There is a building on the property that has two apartments; however, they have only been able to verify one dwelling. Klein asked if the moratorium will apply as they only have credit for one dwelling Richman said only legal units are considered for analysis of building permit applications. If the unit was not built with a building permit, it does not exist. Richman said this delay covers duplexes which are attached. 14 Regular Meeting Aspen City Council May 8l 1989 Jim Curtis said he is supportive of this action as it is consistent with the sentiments of the recent election. Steve Crockett said he supports this. Crockett said every time the community turns around, they are losing housing. The intent of this delay is to slow down and catch up. Crockett said developers have been taking from the community for quite some time. Sy Coleman asked if there is a penalty for demolishing a structure. Councilwoman Fallin said Council should look at the same penalty as they did for historic structures. Richard Compton asked why single family dwellings are being exempted. Mayor Stirling said the Victorians are now protected. The higher jeopardy is in the duplexes where larger numbers of people are being housed. Mayor Stirling said it is too onerous to exempt single family structures. City Manager Bob Anderson said there is a tradition in zoning that gives the owner of a single family home a different status than multi-family or commercial structures. Rachel Richards said she. supports this action. The rapid depletion of affordable housing has been very severe. Ms. Richards said unless Council goes through something like this, the city will lose their last opportunity to integrate affordable housing into the city. Councilwoman Fallin said the resolution and ordinance should have the same penalty as the historic demolition ordinance. Gannett said he is not sure the penalty provisions are capable of being adopted by resolution. Gannett said Council could adopt an ordinance by emergency measures. Mayor Stirling said the city will have a source of money for the first time that is clearly earmarked for affordable housing. Mayor Stirling said the affordable housing zone legislation is already in process. Mayor Stirling said the fundamental issue is diversity of community. All in favor, motion carried. Councilman Gassman moved to read Ordinance #23, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #23 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AUTHORIZING AN ADMINISTRATIVE DELAY IN THE ACCEPTANCE OF PROCESSING OF ANY APPLICATIONS FOR A BUILDING PERMIT FOR DEMOLITION OF ANY DUPLEXES OR MULTI-FAMILY RESIDENTIAL DWELLING IN THE CITY OF ASPEN OR FCSR ANY LAND USE APPLICATION FOR REPLACEMENT OF DUPLEX OR MULTI-FAMILY RESIDENTIAL DWELLING was read by the city clerk 15 Regular Meeting Aspen City Council May 8, 1989 Councilwoman Fallin moved to adopt Ordinance #23, Series of 1989, amending with a penalty provision and to delete section 4 ; seconded by Councilman Gassman. The penalty clause will be a sterilization of the property for 5 years for a violation. Michael Kinsley asked if Council has looked at the pressure from exempting single family dwellings and will this cause more demoli- tion. Herb Klein said the city would have to feel they will take steps to require affordable housing as part of any new single family development. This has not been the move of the city currently. Klein said a moratorium has to be based on a clear understanding of what they are trying to accomplish. Councilman Gassman said of the remaining single family dwellings not many are providing affordable housing. Councilman Tuite said the city will have to tackle the issues of density and FAR in affordable housing. Roll call vote; Councilmembers Fallin, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #21, SERIES OF 1989 - Amending Lodge and Residential GMQS Quotas; Amending Requirements of Duplexes Councilwoman Fallin moved to read Ordinance #21, Series of 1989; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #21 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE ANNUAL LODGE AND RESIDENTIAL ALLOTMENTS OF THE GROWTH MANAGEMENT QUOTA SYSTEM AND AMENDING THE REQUIREMENTS FOR DUPLEXES IN THE R-6, R-15, R-15A, R-30 AND ~L/TR ZONE DISTRICTS was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #21, Series of 1989, on first reading; seconded by Councilman Gassman. Alan Richman, planning office, told Council staff and Council have learned that growth rate is a major issue for the community, as well as displacement of residential housing and crucial commercial services. P & Z felt the latter two are more important issues and bought into an interim growth strategy to give the city some time. P & Z felt if they did not recommend something like this, the city will see growth management applications that will use up sites that could have been affordable housing. P & Z also felt growth is not going to be stopped, but it should be directed to serve the problems the community is experiencing. Richman said the city should be making the quotas work to produce affordable housing. 16 Rectular Meeting Aspen Citv Council Mav 8. 1989 P & Z has recommend to break the 39 residential quota into two sets; 20 free market units and 19 restricted units. The 19 restricted units is not a limit; it is something to recognize the amount of affordable housing that goes forward. Exceeding this is not a problem. P & Z recommended not to reduce the housing quota by 25 percent, as suggested by staff. The staff does not have the analysis to back up reducing this quota. Richman said it makes more sense to deal with the set aside. Richman said the lodge quota is suggested at 22 units rather than 45 units. Richman said the methodology to establish this quota is in the growth management policy plan. P & Z is not suggesting to change the commercial growth management quotas. Richman told Council this ordinance follows through on action Council took in Ordinance 7 regarding duplexes in the office and RMF zones. This is expanded to R,-6, R-15, R-15A, R-30 and LTR. Richman said last year Council created an incentive to allow two detached residential dwellings on properties with a historic landmark and allow this on a lesser lot size. Richman said the language in Ordinance #21 said one of these two dwellings is an restricted unit. Richman said this is a trade off of multiple goals. Councilman Isaac said this ordinance is only for one year and asked if this is a long enough period. Councilman Isaac suggested two years might make more sense. Richman agreed that one year is not enough to complete the work. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Councilman Isaac moved to amend section 3 to allow this ordinance to be enacted for two years and that the duplex sections of the ordinance be without a time limit; seconded by Councilwoman Fallin. Herb Klein told Council he has applied for a building permit for property in the west end. Klein in said in reliance on the current regulations not affecting duplexes in this zone, they have expended quite a lot of money, signed contracts and ordered materials. Klein said they are about 5 weeks from getting a building permit. Klein told Council the effect of this ordinance would shut the project down and cause a loss of all the money put into the project. Klein said it is an essential element of government to provide a stable environment for people to make plans. Klein said because Council considered and decided not to impose these regula- tions on duplexes, his reliance was reasonable. Klein said it is unfair not to provide some relief for people in the process and who relied on Council's decision not to include duplexes in Ordinance #47. 17 Regular Meeting Aspen Citv Council Mav 8, 1989 City Manager Bob Anderson said the ordinance could take effect at the building permit application stage, or Council could institute an exemption process. Councilman Isaac moved to amend Ordinance #21, on first reading, that anyone in the building permit process as of the first reading will be exempt; seconded by Councilwoman Fallin. All in favor, motion carried. All in favor, motion carried. Councilman Tuite moved to suspend the rules and meet for 15 more minutes; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. Mayor Stirling moved to put snow melt construction plans to the second part of the meeting June 12 ; seconded by Councilman Gassman . All in favor, motion carried. PARKING STRUCTURE FILL STORAGE AND TEMPORARY PARKING Deputy City Manager Ron Mitchell told Council a portion of the dirt will have to be put back as back fill. Mitchell said the plans are to store it in an area where there will be surface parking. The contractors have indicated there may be a timing problem in getting the fill off this area in order to pave when the paving company is available Mitchell requested a portion of the dump site not being used by the arts groups as storage for this material. Mayor Stirling said he has a problem with this as the arts groups have worked to get this area cleaned up. Mitchell said if this fill cannot be moved, the parking area may have to remain unpaved during the winter. Councilwoman Fallin said she is not in favor of putting this fill on the snow melt site. Councilman Gassman said the city is never going to get anything done in this area unless they stop using it as a garbage dump. Council agreed. ORDINANCE #22, SERIES OF 1989 - Appropriations Councilwoman Fallin moved to read Ordinance #22, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ## 2 2 (Series of 1989) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $20,620; APPROPRIATING GENERAL FUND EXPENDITURES OF $30,620; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $20,000; TRANSFERRING PRE- VIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $1,790 TO THE ASSET REPLACEMENT FUND; APPROPRIATING LAND FUND 18 Regular Meeting Aspen City Council May 8, 1989 EXPENDITURES OF $7,500; TRANSFERRING $21,000 FROM THE TRANSPORTATION FUND TO THE GENERAL FUND; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $1,790; APPROPRIA- TING WATER FUND EXPENSES OF $150,000; RECOGNIZING ELECTRIC FUND REVENUES OF $5,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $5,000 was read by the city clerk Councilman Gassman moved to adopt Ordinance #22, Series of 1989, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Fallin, yes; Gassman, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. AMENDING DRUG AND ALCOHOL POLICY Mayor Stirling moved to table this to the second part of the June 12th meeting; seconded by' Councilwoman Fallin. All in favor, motion carried. CIVA REQUEST TO USE RIGHT-OF-WAY Councilwoman Fallin moved to approve the request to sell discount coupon book in public rights-of-ways; seconded by Councilman Tuite. All in favor, motion carried. SNOW MELT CONSTRUCTION PLANS Councilman Tuite moved to reintroduce the snow melter construction plans; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman. Motion carried. Chuck Roth, engineering department, told Council time is getting short if Council wants to install another snow melt machine for next winter. Roth said the snow melt worked fine after all the bugs were ironed out of it. Roth said noise has not been a problem. Water quality is the major unanswered question. Roth proposed the city install another snow melt machine for 1989, modify the pit so that trucks can dump right into, and perform additional water quality mitigation techniques. Ellen, Trecan, said adding another unit and increasing the pit would make the snow melt operation more efficient. Roth said $125,000 is allocated in the budget; $70,000 for another snow melt machine and the rest to perform site improvements. City Manager Bob Anderson said the city would have to continue leasing or purchase the front end loader they have been using. Anderson said the staff will also have to readjust the natural gas costs. Councilman Tuite said this project was started because Council was looking at it on an economic basis and leaving it in town was unacceptable because of what it was doing to the river and the area. Councilman Tuite said staff keeps adding more and more costs 19 Regular Meeting Aspen City Council May 8, 1989 to this project. Councilman Tuite said he would like to see another analysis of how far out of town the snow can be hauled that matches this proposal. Anderson reminded Council they could not find any alternatives of places to dump the snow. Steve Crockett said it seems the city is going to spend at least $140, 000 per year for the next six years on this project. Crockett said there is no guarantee than in a heavy snow year, the city won't have to dump snow on the park land. Crockett said the Council should relook at these costs and the alternatives. Simone Genatt reminded Council they just approved the Rio Grande SPA, including land designated for arts usage. The more the city encroaches on this land, the less it can be used for arts. Mayor Stirling moved to table this to the second part of June 12 meeting; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling moved to suspend the rules and meet for 10 more minutes; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. INSUBSTANTIAL PUD AMENDMENT - Summit Place Councilman Gassman said he raised this issue because it seems this is giving up underground enclosed parking and moving it across the street. Perry Harvey, representing the applicant, told Council the PUD said this project had to have an easement from the neighboring condominium association. Harvey said when Cantrup built these units, he owned one condominium in the adjacent building and unilaterally granted an easement for a driveway. Harvey said this easement requires approval of 100 percent of the owners. Harvey told Council they have received approval from all owners except one. Harvey told Council he has repeatedly tried to contact this owner with no success. Harvey said they have explored other ways of accessing this underground parking, and there is no way to do this. Harvey said they requested to do some covered parking on the top of Mill across Summit street. Harvey said the planning office. could not approve this amendment. Harvey said the applicants came back with a proposal to do surface parking in order to construct Summit Place. Harvey reminded Council Top of Mill received conceptual approval only. When they come back in for final approval, they will include the parking in an underground or enclosed parking. This i~ an interim proposal. Alan Richman, planning director, told Council the site for the proposed parking is a used site; this will not be disrupting natural landscaping. Harvey told Council he has easements from the other six owners. Richman said technically code gave staff the authority to approve 20 Regular Meeting Aspen City Council May 8, 1989 this request; however, he felt it was important for Council to review this. Council consented to Richman's approval. Council adjourned at 9:25 p.m. ~~ i Kathryn '. Koch, City Clerk 21