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HomeMy WebLinkAboutminutes.council.19980727Aspen City Council Regular Meeting July 27, 1998 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Markalunas, Paulson, and Vickery present. EXCELLENCE AWARD Mayor Bennett and Council presented an award Tom Dunlop, environmental health director, received from the EPA for his 14 years of work on the Smuggler Superfund site. PROCLAMATION - Katsuyama Student Exchange Mayor Bennett read a proclamation welcoming the exchange students from Katsuyama, Japan. The students will be present at the August 3 brown bag to meet Council and to give a calligraphy lesson. CITIZEN COMMENTS 1. Robert Harth, Aspen Music Festival & School, noted there is an item on the information agenda relating to the Aspen Meadows and traffic mitigation. Harth said the Music Festival would like a chance to talk to Council about this. Mayor Bennett said Council has scheduled a work session Tuesday, August 4 at 4 p.m. 2. George Vicenzi, West End Neighbor, said they would like to be part of this work session. Mayor Bennett said a work session is a public meeting. It is a chance for Council to get into topics in depth. COUNCILMEMBER COMMENTS 1. Councilman Vickery said he was involved with President Clinton’s visit. Councilman Vickery thanked the police, parking, sheriff and fire departments, all of whom put in extra time and an extraordinary effort. 2. Councilman Vickery said he supports what Shellie Harper said in her letter to the paper about dueling priorities when the community should be getting together. 3. Mayor Bennett also gave a huge thanks to all the departments involved in the President’s visit. They all put in a lot of hours and it was a huge success. 1 Aspen City Council Regular Meeting July 27, 1998 4. Mayor Bennett cautioned people to not automatically believe everything in print. During elections people do make up facts to support their position. 5. City Manager Amy Margerum also thanked the city staff for their efforts over the Presidential visit. The work for this event touched every department. 6. City Manager Amy Margerum said Council needs to schedule a work session to go over the S/C/I zone. Council can do this at the end of the meeting. 7. City Manager Margerum requested Council add a request for funds to the consent calendar. This is a letter of support to the Town of Carbondale as well as a matching grant of $10,000. The grant application is for affordable housing study and Aspen will grant up to $10,000 out of housing/daycare funds. Councilman Markalunas moved to add this to the consent calendar; seconded by Councilman Paulson. All in favor, motion carried. 8. City Manager Margerum announced that Tuesday, July 28 at 9:15 p.m. there will be privately-sponsored fireworks over Aspen Mountain. CONSENT CALENDAR Councilman Markalunas moved to read Ordinances 32, 33, 34 and 35; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE N0. 32 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.100.050 GMQS EXEMPTIONS, RELATED TO THE GROWTH MANAGEMENT QUOTA SYSTEM; AND THE DELETION OF SECTION 26.104.050 LODGE AND HOTEL PRESERVATION , RELATED TO NONCONFORMING LODGES AND HOTELS. 2 Aspen City Council Regular Meeting July 27, 1998 ORDINANCE N0. 33 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT, SECTION 26.28.320 OF THE ASPEN MUNICIPAL CODE ORDINANCE NO. 34 (Series of 1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING THE MUNICIPAL CODE BY ADOPTING REGULATIONS FOR THE SITING, CONSTRUCTION, AND MAINTENANCE OF WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT, AND SUPPLEMENTING AND AMENDING SECTIONS 26.04.100, DEFINITIONS, 26.40.110, SATELLITE DISH ANTENNAS, AND 15.04.470, RADIO INTERFERENCE PROHIBITED, OF THE MUNICIPAL CODE. ORDINANCE #35 (Series of 1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE “SNYDER PROPERTY” ANNEXATION. Councilman Markalunas said the work of the Dream Team on employee benefits is great. Councilman Markalunas said he especially likes the alternate commute incentive program. This is an ingenious program. Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: 3 Aspen City Council Regular Meeting July 27, 1998 · Minutes - July 13, 1998 · Ordinance # 32, 1998 - Code Amendment - Small Lodge Mitigation · Ordinance # 33, 1998 - Code Amendment - Lodge Preservation Special Review · Resolution #56, 1998 - Housing IGA to Include Basalt · Resolution #60, 1998 - Contract GOCO Moore Athletic Fields · Ordinance #34, 1998 - Code Amendment Wireless Telecommunication · Resolution #57, 1998 - Accepting Utility & Park Easements - Moore Property · Resolution #61, 1998 - Approving MOU with CDOT and FHWA · Ordinance # 35, 1998 - Snyder Annexation · Resolution # 58, 1998 - Burlingame Annexation · Supplemental Budget Request - Senior Project Planner · Request for Funds - Randall Arendt Downvalley Presentation · Proposal for Enhanced Employee Benefits · Resolution #59, 1998 - 1998 Streets Improvement Project · Letter of Support and Request for Funds - Carbondale Housing Grant Roll call vote; Councilmembers Vickery, yes; Paulson, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. RFTA SUPPLEMENTAL APPROPRIATION Dan Blankenship, RFTA General Manager, told Council this resolution transfers $100,000 from operating surplus into the operating budget to be used for legal expenses connected with union election issues and costs associated to provide information to drivers during this campaign. Some of this money will be used for 4 Aspen City Council Regular Meeting July 27, 1998 supervisor training. This resolution transfers $110,000 into capital projects fund in order to purchase buses; $90,000 will supplement local bonds and federal funds and $20,000 will go towards completing the computer network upgrade. Councilman Paulson said he is distressed about $100,000 being used for “union busting”. This money could be used to make the workers happy. Blankenship said a petition for a union election was filed March 1998; this petition was dismissed in May. Another petition has been filed. Blankenship told Council RFTA doubled in size over 3 or 4 years, staff, drivers, number of vehicles, number of miles, number of passengers. This has helped to reduce automobile congestion and to support community goals; however, this was done on a very small budget. Management has not kept up with the size of the staff; second hand buses were purchased and patched up. Management has not been able to address the concerns of staff and to provide them with information to help cope with the rapid growth of RFTA. Blankenship said employees feel drivers should be making $3/hour more in order to help them live in this valley. Blankenship noted RFTA does not have these fiscal resources. Blankenship said in a union election atmosphere, employers are constricted in what they can do. The RFTA Board feels management should provide employees with factual information about implications of collective bargaining. Blankenship said the only place RFTA has to turn for more money is to the electorate or to form a regional transportation district. There are not a lot of people locally who can help with distributing this information to the employees. The RFTA Board discussed and supports this expenditure. The BOCC has requested a list of references for whomever RFTA plans on working with. The RFTA board wants the campaign to be above-board and fair. Councilman Paulson said this is using public funds. Councilman Paulson said he would like Council to review or approval legal counsel for this. Mayor Bennett agreed no one wants to spend these valuable public funds on legal counsel for unions. There is a transit union from Ohio that has been in the Roaring Fork Valley trying to help form a union. Mayor Bennett said an organization cannot go through the kind of growth stress that RFTA has and not have problems. Mayor Bennett said employee communications should have been addressed by RFTA management much sooner. Mayor Bennett said a personnel review board was created last year to hear employee complaints and open up communications. The drivers were also given a $1.50/hour wage increase. 5 Aspen City Council Regular Meeting July 27, 1998 Mayor Bennett said RFTA does not have additional money for wage increases. Mayor Bennett said RFTA has had a balanced operating budget for the last 6 years. The budget is balanced by only 1 percent of revenues. A $3 wage increase is only possible by eliminating a lot of downvalley routes or there would have to be a public vote to raise taxes. Mayor Bennett said RFTA Board and the personnel review board are working with the employees to see what their concerns are. Councilman Paulson said he wants to insure that management carries this out as fairly as possible as information for both sides should be represented. Blankenship said the reason to have outside counsel is to keep management from running afoul of fair labor standards. Blankenship said the employees will make the decision on a union. Mayor Bennett noted that employee representatives were invited and did attend the RFTA Board retreat. One thing the employees and the Board agreed on was pursuit of a regional transportation district. Councilman Paulson said since these are public funds, he would like a monthly update from Blankenship or the Board. Blankenship said once the date of the election is determined, he will forward that and the consultants they plan to hire. Council will be kept informed. Councilman Markalunas moved to approve RFTA Resolution #5; seconded by Councilman Vickery. All in favor with the exception of Councilman Paulson. Motion carried. ORDINANCE #25, SERIES OF 1998 -1998 Housing Guidelines Dave Tolen, housing director, reminded Council these guidelines are reviewed and adopted annually. There are two major changes in these guidelines. The first is in the lottery process and gives emphasis to people who have lived in the community a long time. The four year residency requirement will be kept and 8, 12, 16, and 20 years residents will get additional chances in the lottery. Councilman Vickery asked if at the first of each year people interested can be given a number and this is used for every lottery. Tolen said not every person is interested in every lottery or every type of affordable housing. Tolen said the other change is in resident occupied units. Tolen said the housing office and board have agreed the purpose of the RO program is to meet the needs of people who exceed category 4 income level but cannot afford free market units in town. Staff identified the entry level for free market. The RO program is limited to people who cannot attain the entry level and set the prices such. Mayor Bennett said the guidelines state that RO is created to offer the private sector an incentive to 6 Aspen City Council Regular Meeting July 27, 1998 produce affordable housing for the community. Mayor Bennett agreed that the main purpose should be that outlined by Tolen. Tolen told Council he comprised a list of real estate properties in zone 1 for studio to 4 bedrooms, condominiums and half duplexes. There are properties available for $450,000 to $600,000. The housing guidelines state if a person can qualify for a home of $600,000, they would not qualify for RO. Tolen said the next step was to set a price for the RO units and to determine what group these units will serve. Tolen said he picked between the top of category 4 and the bottom of what free market units are selling for, at $375,000 maximum price for an RO unit. This would be subject to special review by particular project. Tolen suggested a panel of appraisers, real estate sales persons, potential buyers of RO units to look at price and quality and inventory of actual units on the market to make recommendations on the price of RO units annually. Tolen said this or a similar group could also look at whether RO units will actually happen in an affordable housing project. Tolen said the philosophy of the housing guidelines is that a person should pay between 18 and 28 percent of their income for housing. Councilman Vickery asked if this addresses equity built up. Tolen said this is currently only addressed in the RO category. Mayor Bennett opened the public hearing. John Sarpa, collaborative forum on RO, said the forum feels the RO program serves a viable function in town; there is a gap between category 4 and the free market. Sarpa said the forum used a similar method as the housing board in figuring out where the RO units ought to fall. Sarpa said the panel mentioned by Tolen is a good way of refining the prices for entry level for free market and entry qualification for RO. This should be done soon as possible. Sarpa said the forum agrees the RO program is an incentive for developer to do a mixed affordable housing program. Sarpa told Council the number of people who would qualify for RO category has increased over the last few years. The cost of land has increased a lot. Sarpa explained the reason the forum chose the upper level was to not unintentionally stifle development of RO units. Timothy Semrau, RO resident and RO developer, showed the prices in the free market for units under $800,000 in zone 1 (Aspen area). Semrau said from the pictures and listing of these units, it is not valid to states that any units are available under $600,000. Semrau said the price for RO units at $375,000 is highly 7 Aspen City Council Regular Meeting July 27, 1998 unrealistic. Semrau noted the 1993 AACP states the resident occupancy program should be developed to provide incentives for the private sector to develop RO. Semrau said in the past 5 years, government has produced 41 units and private sector has produced 54 units. Semrau suggested zone 1 be exempt from the price cap or make zone 1 $500,000 minimum. Semrau said the $375,000 price outside zone 1 is realistic. Heidi Friedland suggested that for zone 1 there might be a category 5 to address the difference between $225,000 asset cap and those who can afford a free market unit. Ms. Friedland said the AACP suggested $400,000 be the top price for an RO with a 4 percent appreciation cap. In today’s market, this would be $497,000, which is higher than the suggested price by the housing office. Mayor Bennett closed the public hearing. Councilman Markalunas said he feels $450,000 would be more realistic and would allow developers to build RO units. Councilman Markalunas said property in Aspen has not gotten any less expensive; one has to be realistic about land prices. Mayor Bennett questioned whether this policy will have an effect on land values. Mayor Bennett said he would accept a range of $375,000 to $450,000. It is difficult to make this decision without more hard data. Sarpa suggested Council take some time and get additional data on resident occupied units. Charlie Tarver said Council should start with $375,000 to see if this price works for affordable housing; it is easier to increase the price than decrease the price. Councilman Vickery said this is making a category 5 and that is what is should be called. This housing is supposed to be for residents and for more than category 4. Councilman Vickery said this needs to be made more simple. In order to get housing from the private sector, they need consistency and predictability. Councilman Vickery said he would rather not vote on this as written and would rather deal with simple income rather than factor in a lot of other things. Tolen agreed this needs more discussion. Tolen said Council could adopt the guidelines as presented except for the RO portion and staff will spend time with Council, BOCC, the Housing Board on this portion. Tolen said he would like Council to adopt the new lottery process and the rest of the guidelines. Tolen said Council could adopt everything in RO except the price and means. 8 Aspen City Council Regular Meeting July 27, 1998 Councilman Paulson moved to adopt Ordinance #25, Series of 1998, with the exception of the RO section income qualification and prices; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, no; Mayor Bennett, yes. Motion carried. Council agreed a work session on this issue is needed. Councilman Markalunas moved to continue Ordinances 20 and 24 to August 10; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #18, SERIES OF 1998 - Alpine Cottages Subdivision PUD Rezoning Julie Ann Woods, community development department, told Council this is a rezoning request to AH1/PUD for 10 deed restricted units and 4 free market units at 1240 East Cooper. This project has been to P& Z for special review for parking and a variance from volume in design review standards. P & Z recommended this project unanimously. Staff, too, recommends these requests. Ms. Woods told Council there is a city policy which allows Council to reduce park dedication fees for development. At the last Council meeting there was a lot of discussion on the mix of housing for this project. Council also requested that Aene court be named something other than Camelot Court. The applicant has been researching this. This parcel is 37,148 square feet and contains a lodge. The proposed project is 14 units with 40 bedrooms. The bedroom and unit mix meets the requirements for an AH project. The applicant is requesting an exemption from GMQS for these 14 units. P&Z recommended exemption from GMQS with the condition that the housing office condition that the housing office units be open to a public lottery be deleted. Tim Semrau, applicant, quoted from a 1998 housing board policy statement that private sector involvement is critical to help the community meet affordable housing goals. Also, locating a critical mass of residents in town furthers the goals of Aspen and is far superior to housing these employees in a remote location; this is from a staff report on Snyder property. The AH code states the purpose of the affordable housing zone district is to provide for the use of land for the production of low, 9 Aspen City Council Regular Meeting July 27, 1998 moderate, middle income and resident occupied housing. Semrau told Council this project meets every code and requirement of the city. Semrau said this project will provide a beautiful entrance to Aspen featuring affordable housing. Semrau said the city will gain 28 deed restricted bedroom within walking distance to town. The applicants are also giving a trail easement and water easement. This project is at no cost to the city. This project is not a conversion of the existing lodge to large second houses; it is also not an large increase in density over the existing use. Semrau said they designed the project to meet Ordinance #30 design review standards. The design meets the east end character. The free market houses are small and not obtrusive. Semrau said the applicants do not agree with the condition of not having the applicants choose the tenants. Semrau showed the proposed trail connection with the Snyder property. Councilman Paulson asked what is the rationalization for waiving the park dedication fee. Semrau said the applicants have spent $21,00 moving and preserving trees. They are also giving a water easement. The waiving park dedication fee is an acknowledgment of that. Mayor Bennett opened the public hearing. Sheri Sanso said the developer has made commitments to people who have worked on this project. It would be unfair to change these commitments at the end of the project and the reliance on the guidelines in place at the time. Dave Tolen, housing office, said the private developer will receive 4 free market lots exempt from growth management and its requirements. Under current zoning, this property would only allow two units. The AH zone gives one a chance to build more than zoning and outside growth management. Tolen said the housing office can build comparable units at lower prices than these. Tolen noted the new housing guidelines allow 1/3 of each type of units to be allocated by the developer. Mayor Bennett closed the public hearing. John Worcester, city attorney, reminded Council at the end of the last hearing Council was discussing the AH rezoning and the 70/30 split required. There was discussion as to whether Council had discretion to change the mix within the AH component. Worcester opined at that time that Council should not be negotiating with the developer a permitted right in that zone district. Worcester said that is correct in the AH zone district; however, the applicant is also seeking a GMQS 10 Aspen City Council Regular Meeting July 27, 1998 exemption. This is a separate issue from rezoning and Council has a right to review the affordable housing method that the applicant will provide in order to get the GMQS exemption. Council is legally entitled to discuss the method of providing affordable housing because of the GMQS exemption. Mayor Bennett noted the purpose of the affordable housing zone district is to provide for the use of land for the production of low, moderate and middle income affordable housing and resident occupied housing. Mayor Bennett said this project does not have a lot of low and moderate income housing. The free market and RO units are 70 percent of the project, adding category 4 units make this a total of 95 percent of the project. This does not seem to meet the purpose of low and moderate housing. Stan Clauson, community development director, told Council this developer has pursued a project that meets the code and that merited the recommendation of staff for approval. Clauson said the provision of RO units serves an important segment of Aspen’s population that is not served by category housing. The RO section is one that is being provided by the private sector. Councilman Paulson said he does not want to approve waiving the park dedication fee since the affordable housing units are all high end. Semrau said he will agree to paying the park dedication fee. Councilman Paulson said he is also concerned about building nothing but high end affordable housing. Charlie Tarver said applicants are going to apply for units that are the least subsidized and until the city’s code is changed, that is the type of applications the city will get. In the future, there should be minimum requirement of what the housing authority wants. Councilman Vickery moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Mayor Bennett said in the past the city has required a developer to do better than 5 percent of the project, like Williams Ranch. Semrau said at Snyder project, the three bedrooms are category 4 and the one bedrooms are category 3. He can match this at Alpine cottages and provide 4 category 3 units and 2 category 4 units. Semrau said they are willing to do this if the park dedication fee is waived. 11 Aspen City Council Regular Meeting July 27, 1998 Councilman Vickery asked the FAR for the free market units. Semrau said these are 3,000 square feet. Councilman Vickery said he supports this project as in terms of the code in place, the project conforms. Councilman Vickery said the developer has met with staff, P & Z and GM commission and all have approved it. To require different things at this late date does not seem to be reasonable. Councilman Vickery said he feels it is desirable to have four smaller free market units tucked in the back of this property opposed to two large units closer to the street. Councilman Vickery said he does not support waiving the park dedication fee. Mayor Bennett said he has no problem letting the developer choose who buys the units. Mayor Bennett said there is nothing in the city code to prohibit this. Whoever is chosen still has to be qualified by the housing office and has to meet all the qualifications. Councilman Paulson said he would like 30 percent of the units go into the lottery. Councilman Markalunas said this applicant has gone through the process and relied on existing ordinances. Councilman Markalunas said he supports this project as presented. This project meets a need; it is within walking distance of downtown, it does provide 28 deed restricted bedrooms, and the free market units are relatively small. Semrau said he can live with 30 percent of the units being in a lottery. Mayor Bennett said he cannot vote for an affordable housing project that is 90 percent category 4 or higher. Mayor Bennett said this configuration of units is not worth the GMQS exemption. Councilman Paulson agreed and said it does not satisfy what he wants to see in this community. Semrau amended the Alpine Cottages application to 1 category 4 four bedroom unit; 1 category 3 four bedroom unit; 4 category 3 one-bedroom units, rest of the unit mix remains the same; no waiver of the park dedication fee; and 30 percent of the units will be selected by lottery. Councilman Vickery moved to grant the GMQS exemption for Alpine Cottages; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Vickery moved to adopt Ordinance #18, Series of 1998, on second reading as amended above, no park dedication fee waiver, subject to conditions 1 through 9, condition #2 reflects that 30 percent of the units will be chosen by lottery; seconded by Councilman Paulson. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. 12 Aspen City Council Regular Meeting July 27, 1998 Councilman Vickery moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #23, SERIES OF 1998 - Historic Designation and Lot Split 920 W. Hallam Councilman Vickery said he has been requested by the City Attorney’s office to step down due to conflict of interest. City Attorney Worcester said Councilman Vickery does not have an actual conflict of interest but an appearance of impropriety. Glenn Rappaport, representing the applicant, told Council that Councilman Vickery had an interest in the property earlier and they would accept his participation as long as it is stated on the record that he was involved earlier. Council agreed. Mitch Haas, community development department, said this ordinance designates the property as historic, approves a lot split, gives a $2,000 historic grant and approves waiver of the park development impact fee. Haas presented a site drawing showing the 3 separate structures. The original house built in 1888, one-story two-bedroom house of 990 square feet, the 450 square foot garage and a 230 square foot shed once used as a concession stand at the base of Aspen Mountain. Haas told Council the proposal is to create two lots of 3,432 square feet (lot A) and 7616 (lot B). Haas said the FAR will be that allowable on the original parcel for a duplex and allocated to 3 separate buildings; two 1850 square foot free market dwelling and the historic house will be 1000 square feet. The lot split proposal has been reviewed and approved by P & Z. Both HPC and P & Z unanimously approved the landmark designation. The historic house will be moved forward on the site and the garage will be moved behind the house. The off-site relocation of the shed has been tabled until October 12 so the applicant can find a suitable location. Haas told Council staff and HPC finds this meets 3 out of 5 requirements for historic designation; architectural importance, neighborhood character and community character. Haas said Council has consistently awarded historic preservation grants as long as there is money available in the budget. Haas said the maximum build out shall not exceed 3 units, which may be comprised of a duplex and single family house. Haas told Council the planning director made a code interpretation that may is permissive and 3 detached dwelling be allowed. Haas said waiving the park may 13 Aspen City Council Regular Meeting July 27, 1998 dedication fees is only for one bedroom in the existing house. Staff feels this is reasonable. Glenn Rappaport told Council he has no problems with the conditions. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Markalunas asked the status of the alley. Haas said it is platted right- of-way; the applicants plan to use it for access. Councilman Paulson said he does not like waiving park dedication fees. Councilman Vickery said preservation of historic resources contributes to the community, which is a reason to waive this fee. Councilman Paulson moved to adopt Ordinance #23, Series of 1998, on second reading with the exception of waiving the park development fee; seconded by Councilman Markalunas. Councilman Vickery said consistently in the past, Council has waived the park dedication fee; it is part of the incentive program for people to designate their properties. Councilman Vickery said he does not want to see the city start to chipping away at the incentive program. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. Councilman Paulson moved to suspend the rules and extend the meeting to 9:55 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #26, SERIES OF 1998 - Code Amendment - Theft John Worcester, city attorney, told Council this code amendment will give the police department the flexibility to cite defendants into Municipal Court rather than County Court. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Vickery moved to adopt Ordinance #26, Series of 1998, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. 14 Aspen City Council Regular Meeting July 27, 1998 ORDINANCE #31, SERIES OF 1998 John Worcester, city attorney, told Council the water department believes this project will not impact the city’s water structure. The only issue is the size of the structure that can be built. Stan Clauson, community development director, told Council staff has met with the applicant and has had a site visit. This property is larger than any other property in Mountain Valley and would allow a 15,000 square foot house. Clauson said staff is concerned about the visibility of the structure and the impacts of a structure that large in the area. This development has been permitted through the county’s 1041 process. Clauson told Council the applicant has agreed that the FAR will be limited to 11,000 square feet above grade and 4,000 below natural grade. The applicant will not use any highly reflective material on the structure; and the lighting will not be highly visible. Dan Levinson, applicant, showed Council a map of the site and the building envelope. Levinson said he agreed to the conditions worked out with staff. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson moved to adopt Ordinance #31, Series of 1998, as amended; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. Councilman Paulson moved to adjourn at 10:00 p.m.; seconded by Councilman Vickery. All in favor, motion carried. Kathryn S. Koch, City Clerk 15 Aspen City Council Regular Meeting July 27, 1998 EXCELLENCE AWARD ................................ ................................ ....................... 1 PROCLAMATION - Katsuyama Student Exchange ................................ ................ 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 2 Minutes - July 13, 1998 ................................ ................................ ....................... 4 Ordinance # 32, 1998 - Code Amendment - Small Lodge Mitigation ................... 4 Ordinance # 33, 1998 - Code Amendment - Lodge Preservation Special Review . 4 Resolution #56, 1998 - Housing IGA to Include Basalt ................................ ........ 4 Resolution #60, 1998 - Contract GOCO Moore Athletic Fields ........................... 4 Ordinance #34, 1998 - Code Amendment Wireless Telecommunication ............. 4 Resolution #57, 1998 - Accepting Utility & Park Easements - Moore Property .... 4 Resolution #61, 1998 - Approving MOU with CDOT and FHWA ....................... 4 Ordinance # 35, 1998 - Snyder Annexation ................................ ......................... 4 Resolution # 58, 1998 - Burlingame Annexation ................................ .................. 4 Supplemental Budget Request - Senior Project Planner ................................ ........ 4 Request for Funds - Randall Arendt Downvalley Presentation ............................. 4 Proposal for Enhanced Employee Benefits ................................ ........................... 4 Resolution #59, 1998 - 1998 Streets Improvement Project ................................ .. 4 Letter of Support and Request for Funds - Carbondale Housing Grant ................. 4 RFTA SUPPLEMENTAL APPROPRIATION ................................ ........................ 4 ORDINANCE #25, SERIES OF 1998 -1998 Housing Guidelines ........................... 6 ORDINANCE #18, SERIES OF 1998 - Alpine Cottages Subdivision PUD Rezoning ................................ ................................ ................................ ................. 9 ORDINANCE #23, SERIES OF 1998 - Historic Designation and Lot Split 920 W. Hallam ................................ ................................ ................................ .................. 13 ORDINANCE #26, SERIES OF 1998 - Code Amendment - Theft ........................ 14 ORDINANCE #31, SERIES OF 1998 ................................ ................................ ... 15 16