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HomeMy WebLinkAboutminutes.council.19810928HOUSING AUTHORITY MEETING SEPTEMBER 28, 1981 Mayor Pro Tem Michael called the meeting to order at 4:40 p.m. with George Parry, Dick Knecht and Chic Collins present. Councilman Parry moved to adopt a resolution of the City of Aspen Housing Authority allowing laundry facilities to be installed in storage rooms at Castle Ridge; seconded by Councilman Knecht. All in favor, motion carried. Regular Meeting Aspen City Council September 28, 1981 Mayor Pro Tem Michael called the meeting to order at 5:05 p.m. with Councilmembers Parry, Collins, and Knecht present. MINUTES Councilman Knecht moved to approve the minutes of May 11, 1981; seconded by Councilman Collins. All in favor, motion carried. CITIZEN PARTICIPATION 1. Lois Butterbaugh told Council that Data General, who had just filmed a commercial with the city, was very pleased with the product they took back to New York. Ms. Butterbaugh told Council the city may expect $6,000 to $20,000 in fees and residuals. This money has been assigned to the city. Ms. Butterbaugh discussed with the city attorney whether this could be restricted to some special use; however, due to the uncertainty of the amount and the difficulty of administering this, decided not to do it. Ms. Butterbaugh said this has been restricted to the general fund. Ms. Butterbaugh told Council she would prefer to have this money assigned to city hall specifically. City Hall is overcrowded and in some cases, really tackey. These conditions cut down on creativity and creates tensions. Ms. Butterbaugh said she would like to see an employee lounge for employees to relax, eat their lunches, get away from their desks. Ms. Butterbaugh said she would like to proceeds of the commercial to go towards this, i~t all possible. / 2. Jere Rood thanked Council for the use of the Wheeler for the Job SErvice Center and asked for confirmation they would be allowed to continue to use the trolley car. Council man Parry said he had had a complaint from the M.A.A. that all their equipment was put out on the sidewalk. Mayor Pro Tem Michael suggested staff work out a schedule that is compatible with the M.A.A. for the Job Service Center. COUNCILMEMBER COMMENTS 1. Councilman Parry moved to put on the agenda raw water storage and the West Aspen Conference request; seconded by Councilman Collins. All in favor, motion carried. September 28, 1981 LIQUOR LICENSE TRANSFER - Godfather's Pizza (O'Leary's Pizza Pub) Gideon Kaufman told Council the group applying for this transfer presently runs five othe~ pizza places in Indiana. With the bad winter, there is a need to inject additional cash into the business. They will be running it the same. Councilman Collins moved to approve the liquor license transfer to Godfather's Pizza; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE RENEWAL -Firehouse Tavern Environmental Health Officer Tom Dunlop told Council work is needed on the restaurant and he would like the approval conditioned on his inspection. Councilman Parry moved to approve the liquor license renewal, conditioned upon Dunlop's approval; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #50, SERIES OF 1981 - Exemption from Historic Moratroium Colette Penne, planning office, told Council the removal of a building at the entrance to town had gone through the HPC process and was given approval to be demolished in February 1981. The new office building has also gone through approval. The applicant neglected tc act on the demolition permit before the moratorium on the demolition and removal of histor building was imposed. The applicant then could not get a demolition permit from the building department. This structure should be exempted from the moratorium, like the one at 101 Hallam, which was exempted in Resoluiton ~49. Councilman Parry moved to read Resolution %50, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION #50 (Series of 1981) WHEREAS, Randy Wedum has submitted an application to the City Council request that the moratorium on the demolition and removal of historic structure imposed by Ordinance No. 20 (Series of 1981) be lifted with respect to that structure located at 715 W. Main Street, City of Aspen, for the purpose of demolishing said structure, and WHEREAS, the City Council is admired that on February 10, 1981, the Historic Preservation committee determined that the structure located at 7;5 W. Main could be demolished if no acceptable site was found to move it to in Pitkin County, and WHEREAS, the new structure to be built on the site has been approved through the Historic Preservation Commission process, and WHEREAS, the approval for demolition was not acted upon prior to the institution of the moratorium, and WHEREAS, Section 3 of Ordinance #20, Series of 1981, provides that the moratorium may be lifted by resolution of the City Council with respect to an individual structure upon a finding by the City Council that the structure proposed to be removed or demolished is not, in fact, historically or archi- tecturyally significant. NOW, THEREFORE, BE IT RESVOLED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council finds that the structure located at 715 W. Main Street, City of Aspen, is not historically or architecturally significant, and the moratorium imposed by Ordinance #20, Series of 1981, be and the same is hereby lifted with respect to said structure for the purpose of demolition Section 2 That the Chief Building Inspector be and he hereby is authorized to issue a building permit for the purpose of demolishing the structure at 715 W. Main Councilman Parry moved to adopt Resolution #50, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. RAW WATER STORAGE City Manager Chapman reminded Council this was dealt with briefly during discussions of phase 1 of the water management plan. This issue is raw water storage, and at the time the staff thought this could be held off. Events have occurred at the state level, which makes it ~imely for the city to discuss raw water storage now. The chart attached shows when the city completes phase 1 of the water management plan, there should be enough treated water capacity based on 3.3 per cent growth rate to have capacity through 2005. The chart also illustrates water supply, which is water coming out of the supply sources, Castle Creek, Roaring Fork River, Hunter and MaroOn Creeks. Hydrology studies indicate the average low flow of Castle Creek and the Roaring Fork is 8,200,000 gallons per day. The chart shows when the city gets a peak demand for a short period of time, the city is already over that instantaneous capacity; the demand is already higher that the average low flow supply. Chapman said by the year 1990, the demand will exceed the average low flow capacity of Castle Creek and the Roaring Fork. Water planners say water supply scenario should be based on the worst case possibility, Planners said the raw water storage should be three times the annual demand. The staff recommends the city should take advantage of some recent state legislation decisions to do a feasibility study of raw water storage and hydropower development on Castle and Maroon creeks in order to deal with the issue of raw water storage. The state legislature has given the CWCB instructions to concentrate its funding efforts on storage projects. The legislature has created a state power authority primarily to fund the development of power projects throughout the state. The state is putting pressure on to get money committed fairly quickly. Chapman said the staff would like Council's authorization to prepare a grant application for a feasibility study for raw water storage and hydropower development on Castle and Maroon Creeks. John Musick told Council this study would cost two man months of engineering and his costs would be covered under existing budget. The cost is estimated at $15,000. This cost would get the city to December 1st for submittal of the grant. Mayor Pro Tem Michael asked how much the feasibility study would cost. Rich Cassens told Council the study would cost $250,000 The study would include field work, geotechnical testing, a lot of environmental anaylses. Mayor Pro Tem Michael asked how the construction would be paid for. Musick said there are two forms of construction grants available; one with the water board and one with the water and power authority. The feasibility study makes future decisions as to how many people and who to serve easier to make. Musick told Council in 1973 directed the then city attorney to prosecute an application for two reservoirs on Castle and Maroon Creeks. The city received a decree for those facilities and have managed to survive bi-annual findings of due diligence for those facilities. The capacities would be 4000 acre feet on Maroon Creek and 9000 acre feet on Castle creek. Musick said these are large dams with substantial impact on the valley. The city would have to determine what the environ- mental advantages and disadvantages are. Musick said his primary concern is the environ- mental costs, and he does not like building dams, especially on free flowing rivers. Musick said these dams would provide one year of raw water storage, when three is needed. Musick told Council he is trying to put in a cost effective hydroelectric facility every- where it makes sense. One of the reasons is that the supplier of power to Aspen will double and triple their rates. Councilman Knecht said he hates the idea of two dams and hydroelectric stations on Maroon and Castle creeks. The alternative is to cut growth and not run out of water. Mayor Pro Tem Michael pointed out if the Council spends this money on the feasibility study, the community will be notified and will be able to have debate so that Council can make a decision. Chapman said the city needs to have the data to decide whether to proceed as outlined or to be looking at alternatives. If Council chooses the dams and hydropower facilites, it will be ten years before the facilities are built. This is a long term process. Chapman said this is timely because the state legislature has told the water conservation board they want priority given to raw water storage projects. Mayor Pro Tem Michael said she would like to get the feasibility study going. The money is available. This is a question that should either be put to rest or begin to work towards. Councilman Parry moved to authorize the city manager to submit a grant application to the Colorado Water Conservation Board for a feasibility study for the development of raw watel storage and hydropower on Castle Creek and Maroon Creek and to appropriately jointly from the water fund and electric fund for preparation of the application; seconded by Council- man Collins. All in favor, with the exception of Councilman Knecht. Motion carried. ORDINANCE #62, SERIES OF 1981 - General and Liquor Occupation Taxes City Attorney Taddune told Council he has not had the opportunity to look at the language proposed and investigate the concerns he has. Larry Thoreson, finance department, told Council these ordinances address the liquor occupation tax and do away with the business license fees and replace'it with a general occupation tax of $50 a year. This ordinance also proposes to increase the liquor occupation tax in various degrees. The staff has looked at other cities in Colorado to see what their business fees are. John Van Ness, representing the Elk's and the Eagle's, told Council these clubs are non- profit groups with membership of 400 each. Both clubs run alot of functions and the mone is donated to various charities. Delbert Copley told Council both clubs have been here eighty years or more. The clubs have supported Aspen and the townspeople. The Eagle's club bought the hospital their first X-ray table. The Eagle's gave the M.A.A. $5,000 to get started. The Clubs support a boys' ranch. The Clubs give to the Heart fund and the Cancer fund, the muscular dystrophy fund. The women's auxilliary supports the City of Hope. Copley said they give all their money away. The Clubs donate money locally to the senior citizens, deaf camp, AVVNA. Copley said the clubs are objecting to being taxed more on liquor licenses. The clubs do not compete with downtown businesses; they are for members. The increase for club liquor licenses is from $200 to $750. Mayor Pro Tem Michael said the sense of Council is the non-profit clubs should be research Don Newbury told Council he felt other devices of revenues could be looked at so that everyone pays their fair share. Newbury said the clubs are willing to pay their own fair share. City Manager Chapman said the staff looked at all the fees, application fees, recreation fees, building permits, etc. The staff found that every fee, except the liquor occupation tax, has been raised. The liquor occupation tax was established at this level in 1974. Gary Plumley said he felt the retail liquor occupation tax is excessive and asked how this increase will benefit the business person. Chapman said he did not ~ think he could quantify the benefits. The staff should, as a general process, review all fees and licenses on a timely basis. Gary.i~Pli~mley~ i~ said he did not understand why the retail liquor tax needs to be increase~ that much. This area of business is much like retail stores, who do not pay $500 a year to do business. Tom Iacono said he did not argue with the p~emise of the city being able to raise money. Iacono said everybody should be taxed equally. Chapman said the staff took the fees established in 1974, looked at the consumer price index for that time and recommended an increase that is commensurate. Iacono said the liquor license people argued in 1974 that this tax is discrimination against the liquor license industry. Iacon( said he had asked the city to show that this particular industry needs more city service than any other group. Iaconoa said he has not seen these figures and does not believe that the liquor industry requires more services and should not be paying more than other businesses. Council directed staff to look at these concerns and have the city attorney study the language of the proposed ordinance. Regular Meeting Aspen City Councl£ MALL BRICKS - Pitkin County Library Mayor Pro Tem Michael said the library is requesting mall bricks in order to cover an area of 590 square feet. Cathy Costello told Council they had applied to the CCLC to get brick. The CCLC recommended they receive the bricks; however, because they are outside of the commercial core, the request has to come before Council. There is a dirt space in front of the library which gets a lot of foot traffic and the library would like to use the bricks in this space. Councilman Parry moved to approve the use of the bricks in front of the Pitkin County library; seconded by Councilman Knecht. Councilman Collins said he thought the policy was to use these bricks in connection with the mall. Mayor Pro Tem Michael asked if there are any major plans for use of the bricks. City Manager Chapman said the city has adopted a street scape program for the core area. Council adopted a policy that abutting property owners could make use of the mall bricks and the city would give them the bricks. The city does not have enough bricks to do the whole street scape program as designed. Councilman collins said his impression was that the bricks could be recove'red by the city. Ccuncilman Knecht agreed that was his impres- sion also. Councilman Parry amended his motion to include that these bricks are on loan; seconded by Councilman Knecht. All in favor, with the exception of Mayor Pro Tem Michael. Motion carried. WHEELER COMMITTEE City Manager Chapman said this committee will deal strictly with the theatre, not the entire building. This committee needs to consider some policies for the theatre. Chapman presented some operation and management policies question for this committee to deal with. Chapman said the users input is important and they are more qualified to answer these questions. The committee should be made up of a member of the Wheeler Commission, one from M.A.A.; five members from the Aspen Council for the Arts; the director of parks, two citizens at-large; film representative, and a representative of Aspen Arts West. Councilman Collins said he is interested in an organization to manage the building which would have almost complete autonomy in running the facility. This group should be much broader in terms of membership and different professions. This group should be charged with allocating the space, how it will be managed, costs, maintenance, income, etc. Chapman said he thought Council had directed staff that any non-profit organization curren~ a tenant of the Wheeler can go back in the Wheeler. The portion of the space they did not need would be set aside for commercial use. Council directed Chapman to pursue a leasing agent for that commercial space. Chapman told Council he intends to have the non-profit groups meet with the architects and have the architect come up with space allocation plan. Councilman Collins said he felt this group should run the entire building; they should assign the space when a tenant moves out. To fracture this and have a group for the theatre only may splinter the effort. Chapman said that may be worth working to if that is what Council wants to do. Chapman said his concept is that the city is still the owner and is still responsible for the building. There are three different types of tenants; the commercial users, the non-profit, office type groups, and the theatre and theatre support area. Chapman said as far as the theatre, he wants all potential users and ask them to give the city direction on how the theatre and theatre support area should be managed. This group is to prepare and operation and management plan dealing with just the theatre itself. Chapman has assumed that the allocation of the rest of the space has already been made by Council. Councilman Knecht said he would like to add Ramona Markalun~ as a member at large. Mayor Pro Tem Michael suggested leaving the committee names to Chapman and have staff recommend people. Councilman Parry moved to appoint a group to develop an operational policy and management plan for the Wheeler Theatre in accordance with the City Manager report of September 17, 1981; seconded by Councilman Knecht. All in favor~ motion carried. WHEELER ROOF REPLACEMENT City Engineer McArthur told Council he received the bids on Friday for roof replacement and framing contractor for the roof. There were two bidders in each category. For the roof; Valley Roofing at $37,777 and Camin Waterproofing at $89,457. The construction manager, Weaver construction, recommended Valley roofing. For the framing contractor, the two bids were McLaney from Denver $25,400 and Z & D from Aspen at $80,356. Weaver construction recommends McLaney. Both of these bids come under the construction manager's cost estimate. Mc Arthur requested a motion to let staff proceed with the contract and have the city attorney review it and the Mayor sign it. Councilman Knecht moved to ratify the bids for Valley Roofing and McLaney; seconded by Councilman Parry. Councilmember Collins abstained. All in favor, motion carried. LITTLE ANNIE REQUEST Ron Garfield requested Council table the final plat for Little Annie for sixty days. Garfield reminded Council there was discussion of the necessity of a dedication from the developer for 40 foot right-of-way for the extension of West End avenue to complete the circulation plan. Garfield said he would like Council to direct the city attorney to prepare a resolution for this extension. City Attorney Taddune said he would like to wait until the city is ready to enter into the development agreement. Council suggested this be drafted in the next sixty days. Councilman Knecht moved to request Taddune prepare the legal papers for the extension of WEst end street; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. _~_= ............ ~ ~n ~cy councl± September 28, 1981 ORDINANCE ~38, SERIES OF 1981 - Ute City Place Rezoning to RBO Mayor Pro Tem Michael opened the public h~aring. ~lan Richman, planning department, told Council this project is located the the R/MF zone and is one of three projects approved in the 1981 residential GMP competition. This request is for final plat approval, rezonin¢ to RBO, exemption of the emplOyee units from GMP, condominiumization and exemption from the R/MF moratorium. Richman told Council this project is a total of 22 units, of which 12 are low income and two are moderate. The planning office reviewed the application with the eight criteria for rezoning to residential bonus overlay. Richman said this project complies is dispers- ing the units; it is low impact. The project is compatible with the surrounding district. Richman said this is the kind of project the planning office would like to see and they recommend approval. Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to read Ordinance ~38, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #38 (Series of 1981) AN ORDINANCE REZONING LOTS C~ D, Ed F AND G, BLOCK 118, IN THE CITY OF ASPEN, COUNTY OF PITKIN, COLORADO, FROM R/MF TO R/MF/RBO was read by the city clerk Councilman Parry moved to adopt Ordinance #38, Series of 1981; seconded by Councilman Knecht. Councilman Knecht asked if the planning office is revising the GMP to work on the dual growth rate. Planning Director Sunny Vann said they are~ Councilman Knecht said the growth rate is ridiculous; there is hardly even a plan anymore. Vann said the planning staff is involved in overhauling the GMP. Roll call vote; Councilmembers Knecht, aye~ Parry, aye; Collins, nay; Mayor Pro Tem Michael aye. Motion carried. Richman told Council the second request is final plat approval. The attorney, applicant, engineer, and planning office have worked to get an agreement to tie up all the conditions. The applicant has agreed to the conditions. The planning office feels that the subdlvisio~ agreement takes care of all the conditions. Councilman Parry moved to approve the Ute City Place Final plat s,bidivison subject to the following condition; the applicant executing the subdivision agreement and recording it along with the other documents of final approval; seconded by Councilman Knecht. All in favor, with the exception of Councilman Collins. Motion carried. Richman said the employee units have been reviewed in the RBO criteria, which is more 'extensive than the criteria for exemption from GMP. The planning office has looked at the units in terms of size, mass and cost. Richman told Council the units should be exempted from the GMP. Councilman Parry moved to exempt the six studios and six one-bedroom low income housing units and two two-bedroom moderate income housing units of the Ute City Place development from competition under the GMP; seconded by Councilman Knecht. All in favor, with the exception of Councilman Collins. Motion carried. Richman told Council the applicant does propose to condominiumize the project but is uncertain whether the units will be sold. Richman stated there is a shortage of units for purchase within the employee housing market.~ Richman told Council the planning office reviewed this under the subdivision regulations. There were two houses on the site; one of which was in poor condition and was demolished. Neither has an impact upon the employee housing situation; there is no tenant displacement and there should be no problem except to restrict the units to six month minimum leases. Councilman Parry moved to approve the request to condominiumize the Ute City Place develop- ment, subject to the following condition; the applicant restricting all units to six month minimum leases with no more than two shorter tenancies per year; seconded by Councilman Knecht. All in favor, with the exception of Councilman Collins. Motion carried. Richman told Council this project was approved in advance of the moratorium in R/MF and should be exempted from that moratorium. Councilman Parry moved to read REsolution ~44, Series of 1981; seconded by Councilman COllins. All in favor, motion carried. RESOLUTION 944 (Series of 1981) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING SPECIAL REVIEW EXEMPTION TO THE UTE CITY PLACE DEVELOPMENT FROM THE MORATROIUM IN THE R/MF ZONE DISTRICT was read by the~? city clerk Councilman Parry moved to adopt Resolution #44, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. Regular mee~ ng ~ ...... = ....... ORDINANCE ~49, SERIES OF 1981 - Commercial GMP Changes Mayor Pro Tem Michael opened the public hearing. Richman reminded Council this ordinance was adopted on first reading in August. This ordinance will affect 1982 GMP competition and will include all zone districts and make employee h~using an essential part of the application. Richman told Council he had reveiwed all the commercial space under construe tion and two new office buildings. The total is 60,000 square feet to be built in the near future with only 10 to 12 employee units approved. Richman raised the question of whether the employee housing space should come out of the quota. Richman said out of the last meeting, it was suggested that the square footage that is requested as employee housing space as part of the commercial application should be included in the square footage quota. The planning office recommends Council not take that approach. Richman told Council in previous applications, the employee housing squar~ footage has not been part of the 24,000 square foot quota. Secondly, the Code reads to quota to be 24,000 square feet of commercial and office space. Third, the Code provides for an exemption procedure for the employee housing space; these units are exempted from the quota. Richman said the 24,000 square feet has historically been for commercial space, and the planning office recommends for this year it continue to be commercial. The planning office will recommend for next year to limit the quota and have very strict quotas based on an analysis of what the community has built, what is left to build. Vann said the planning office will recommend continuting~to exempt employee units from competition but deducting them from the quota. Richman reminded Council they had asked for an estimate of the number of employees generated per square foot. The planning office looked at the employer survey done in 1978. The planning office will fine tune these numbers. The estimate is 4 employees per 1,000 in the low use zones up to 6 to 7 in the higher use zones. Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to read Ordinance ~49, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~49 (Series of 1981) AN ORDINANCE AMENDING SECTION 24-11.5 OF THE MuNicIPAL CODE OF THE Ci~Y OF ASPEN BY THE EXPANSION OF THE COVERAGE OF ZONE DISTRICTS INCLUDED WITHIN THE OFFICE AND COMMERCIAL GMP COMPETITION PROCESS AND BY MODIFYING THE COMPETITIVE SCORING SYSTEM TO INCLUDE THE EVALUATION OF THE ADEQUACY OF PHYSICAL sERVIcES AND A NEW PROCEDURE TO EVALUATE AN APPLICANT'S EMPLOYEE HOUSING PROPOSAL was read by the city clerk Councilman Parry moved to adopt Ordinance ~49, Series of 1981; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, nay; Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE 966, SERIES OF 1981 - Residential GMP Changes Alan Richman said there is a need to revise scoring mechanisms and change administrative procedures in each GMP competitions. This ordinance looks at the existing categories in the residential scoring procedures. Richman said one of the main complaints from applicants and staff was the number of categories to score in Which are not necessary. One of these is the availaibility of social services. Another is police protection; the police department is capable of providing comparable service throughout the community. Child care facilities, recycling facilities, design features for handicap, there is no mechanism to achieve these. Richman told Council there are some areas to take place of those, these ideas Come from Council and P & Z meetings. There are items related to residential development that need to be stressed. Some of these are density~ open space, design. The scoring has been reorganized and is like that of the commercial GMP. The employee housing is 40 points out of 100 and there is 10 points for unique financing. Richman told Council an applican~ has to score a minimum number of points in categories 1, 2, and 3 and 4. Richman said the bonus points have been cut in half, in response to Council's feeling that these poin~ have been excessive and discretionary. Richman said the idea of an applicant's past performance has been addressed. Richman said the staff feels very strongly about this component. The city has given out 150 GMP units; about 120 units are sitting unbuilt. Richman said there is an ability to accumulate and accumulate units and not build any employee housing. Richman told Council they need to adopt a provision that if an applicant has a previous allocation and within two years of getting an allocation has not gotten to the building permit stage, that applicant has no right to ask for additional units. Richman told Council P & Z was unanimous in agreement with these changes. Sunny Vann said this is not to try to prevent an applicant from continuing to compete. An applicant has two years to get a building permit, and then can compete the next year and two years from that date. This precludes a large competitor from amassing quotas and not building them. Vann said these changes, generally, are to shift the interest from physical problems like water and sewer to more quality of design, site design, green space. These are more appropriate concerns for this community. Councilman Knecht an applicant with the best plan in the competition should not be penalized because he has not built anything. Councilman Knecht said he does like the quality of design points going up. Councilman Knecht moved to read Ordinance 966, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #66 (Series of 1981) SECTIONS 24-11.4 AND 24'11.3(c) OF THE MUNICIPAL AN ORDINANCE AMENDING CODE OF THE CITY OF ASPEN BY THE REVISION OF THE SCORING CATEGORIES AND POINTS FORMULAS FOR THE RESIDENTIAL GMP COMPETITION PROCESS AND BY THE CREATION OF AN ADDITIONAL BASIS FOR THE PLANNING OFFICE REJECTION OF ANY APPLICATION FOR DEVELOPMENT ALLOTMENT was read by the city clerk Councilman Knecht moved to adopt Ordinance ~66, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, nay; Mayor Pro Tem Michael, aye. FINAL PLAT - Little Annie Councilman Parry moved to table the final plat for Little Annie to the November 23, 1981, regular Council meeting; seconded by Councilman Collins. All in favor, motion carried. SUBDIVISION EXCEPTIONS - Aspen Medical Center Alan Richman, planning office, told Council this is in the O, office zone with an historic overlay, located on West Main between Second and Third. The lot size is 5450 Square feet. This is a request for condominiumization of a medical office building. There is a manager's residence in the building, which is intended to be converted baCk into an office. The unit has been rented in excess of the employee guidelines. The P & Z has requested the. applicant have an inspection of the building by the building department. There is a recommendation for more trash dumpsters due to the nature of medical supplies in the trash. The planning office and P & Z recommend~condominiumization. Leonard Oates, representing the applicant, told Council they want the flexibility to use the residential unit as either commercial or residential. Oates said they have no problem with the dumpster request and do the the electrical work as outlined should be don~. Councilman Parry moved to approve the subdivision exception for the purposes of condo- miniumization for the Aspen Medical Center, subject to the following conditions; (1) the applicant will comply with the building department memorandum of September 25, 1981, (2) the applicant will install a sufficient number of dumpsters to handle its routine trash collection needs; seConded by Councilman Knecht. Councilman Collins asked if the unit does go to commercial, will the applicant be require( to make a GMP submission. Richman told Council there is some confusion on staff's part on this issue. Oates said it would be appropriate in this subdivision exception to give the applicant the right to make that modification. Sunny Vann said his understanding is that if this is a residential space in the office zone, in the past the office zone has not been regulated under GMP. Conversion of the residential space to commercial is not covered by the GMP as long as the residential unit is not deed restrictied. After October 2, all zones will fall under the GMP. At that time, the conversion of a residentJ space will be covered under GMP. Oates said since the applicant is requesting the subdivision exception prior to the change in the Code, they should have the flexibility to make the modification. Councilman Parry amended his motion to include that the residential unit can be used for either residential or commercial purposes; seconded by Councilman Knecht. All in favor, motion carried. SUBDIVISION EXCEPTION - Fairway Colette Penne, planning office, told Council this is located at 735 Cemetery Lane. Unit A is 2500 square feet and is owner occuPied; Unit B is 716 square feet and it rents in excess of the income guidelines. Therefore, no rental restrictions should be placed on the building. The planning office recommends approval of the subdivision exception subject to the four conditions. The building department inspected the building and make a list of changes. The parking is adequate on the site. Rick Neiley, representing the applicant, broUght up the building department report and the list of "other possible problems" and the concern that somewhere down the road they may be requested to do some- thing excessive. City Manager Chapman pointed out if there is a feeling that the requirements of the building inspector are unreasonable, the applicant can appeals to the Board of Appeals. Councilman Knecht moved to grant subdivision exception for the purposes of condominiumiza. tion of the Fairway DUplex subject to the following conditions; (1) the recommendations of the building department be complied with; (2) the condominium plat be revised and resubmitted as per the engineering department request; (3) the owner/applicant be require~ to join a sidewalk, curb and gutter improvement district in the event one is formed; (4) the units shall be restricted to six month minimum leases with no more than two shorter tenancies per years, and existing tenants shall be given written notice when their unit is offered for sale as specified in Sec. 20-22(a); seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~57, SERIES OF 1981 - Historic Sites Designation Colette Penne, planning office, told Council this ordinance is for historic designation of sites and structures in the top two categories of the historic inventory in which the owners have consented to historic designation. Councilman Parry moved to read Ordinance ~57, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. Regular Meeting Aspen City Council ~eptemDer ORDINANCE ~57 (Series of 1981) AN ORDINANCE ACCORDING TO SECTION 24-9.7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR DESIGNATION OF HISTORIC STRUCTURES WHICH ARE IN THE TOP TWO CATEGORIES OF THE INVENTORY OF HISTORIC SITES AND STRUCTURES FOR THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Parry moved to adopt Ordinance ~57, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins~ ay;e Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. HOLIDAY HOUSE AGREEMENT MODIFICATION City Attorney Taddune told COuncil the Aspen Skiing Company is interested in purchasing the Holiday House to use as employee units. The Holiday House is presently owned by Mr. Cantru' and because of some litigation, there is an agreement between Cantrup and the city. Rick Knezevich, representing the Skiing Company, told Council the Holiday House is presentl being used as a lodge, with five employee units downstairs. The Skiing Company would like~ to purchase this property. However, this property is encumbered with an agreement with the city. This agreement covers financial penalties on Mr. Cantrup as a result of building the five additional units. There are administrative provisions which supplements the financial terms. There are deed restrictions on these five units to be used as employee housing units. Knezevich said they would like to modify the agreement to take out the administraive provisions that the Skiing Company cannot live with. Cantrup wilt still make the payments to the city; Cantrup will provide collateral for these payments. What has not been decided is exactly which property Cantrup will put up for collateral. Taddune told Council that the Skiing Company is requesting that the low income designation be waived as they will be housing their own employees. Taddune pointed out that in the summer these units will be opened up at anyone. Council has been interested in getting as many low income units as possible. Councilman Knecht asked what the $5,000 administrative fee was for. City Manager Chapman told Council this has a penalty aspect and a consent to keep the units from being taken out. In exchange, the city is to screen the applicants for the housing. All occupants have to be approved by the city housing office. This will incur some administrative expense. Knezevich said the Skiing Company would like to be relieved of the screening process for their occupants. Peter Forsch said the $5,000 fee will be paid yearly; the Skiing Company is proposing that there be substitute collateral for these units. Knezevich said they would like the provisions cancelled in which the city approves the occupants for the units, and the provisions where the city is notified of every vacancy. Knezevich said they would like the low income guideline taken out. The rents for Skiing Company employees are below-fair market value. The Skiing Company would like to have uniform rents throughou' the building; this agreement only addresses five units out of 28. Mayor Pro Tem Michael requested Taddune pursue the agreement modification with the Skiing Company which will resolve the future ownership of the building. Councilmembers Knecht, Parry '~' i. said the Skiing Company should be able to use the rent schedule they want. Councilman Collins and Mayor Pro Tem Michael said they wanted low income units somewhere. Councilman Knecht moved to direct Taddune to work out an agreement with (1) substitute collateral; (2) the $5,000 yearly payment will be tightened so that there is no question that Mr. Cantrup and his successors and assigns will be responsible for that; (3) and look at the language in the proposed agreement and have Taddune comfortable with it; seconded by Councilman Collins. All in favor, motion carried. PUBLIC HEARINGS AND FINAL CONSIDERATION Mayor Pro Tem Michael opened the public hearing on Ordinances ~56, 58, 59, 60 and 61, Serie~ of 1981. There were no comments. Mayor Pro Tem Michael closed the public hearing. ORDINANCE ~56, SERIES OF 1981 - C.C.L.C. Quorom Councilman Knecht moved to adopt Ordinance ~56, Series of 1981, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Knecht, aye; Collins, aye; Michael, aye. Motion carried. ORDINANCE #58, SERIES OF 1981 - Budget Reductions Councilman Parry moved to adopt Ordinance ~58, Series of 1981, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye Michael, aye. Motion carried. ORDINANCE ~59, SERIES OF 1981 - Appropriations Councilman Parry moved to adopt Ordinance ~59, Series of 1981, on second reading; seconded by Councilman Knecht. Roll call vote; COuncilmembers Parry, aye; Collins, aye; Knecht, aye Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE ~60, SERIES OF 1981 - Appropriations Councilman Parry moved to adopt Ordinance ~60, Series of 1981, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE ~61, SERIES OF 1981 - Appropriations Councilman Parry moved to adopt Ordinance 961, Series of 1981, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE 963, SERIES OF 1981 - Saab Leases Councilman Knecht moved to read Ordinance #63, Series of 1981; seconded by Councilman Parr All in favor, motion carried. ORDINANCE #63 (Series of 1981) AN ORDINANCE APPROVING THE TERMS OF AN AGREEMENT WITH SAAB-SCANIA OF AMERICA, INC. REGARDING THE POSSESSION AND USE OF ELEVEN (11) SAAB AUTOMOBILES FOR POLICE AND ADMINISTRATIVE PURPOSES~ AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Parry moved to adopt Ordinance #63, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried ORDINANCE ~64, SERIES OF 1981 - Appropriations RETT Finance Director Ron Mitchell told Council this ordinance recognizes $100,000 in the RETT of unanticipated revenues and appropriates that and $70,000 to cover construction costs on the Wheeler for this year. Councilman Parry moved to read Ordinance 964, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #64 (Series of 1981) AN ORDINANCE RECOGNIZING UNANTICIPATED REVENUES IN THE WHEELER TRANSFER TAX FUND OF $100,000 AND APPROPRIATING FROM CURRENT YEAR UNAPPROPRIATED REVENUES OF $30,000 AND PRIOR YEAR UNAPPROPRIATED RESERVES OF $140,000 was read by the city clerk Councilman Parry moved to adopt Ordinance 964, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE 965, SERIES OF 1981 - Appropriations Pension Fund Finance Director Mitchell told Council this ordinances makes an appropriation in the city employee pension fund of $36,000 and in the police pension fund of $40,000. Councilman Parry moved to read Ordinance 965, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE 965 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE EMPLOYEE PENSION FUND FROM CURRENT YEAR UNAPPROPRIATED P~VENUES IN THE AMOUNT OF $36,000 AND APPROPRIATING $40,000 IN THE COLORADO POLICE PENSION FUND FROM CURRENT YEAR UNAPPROPRIATED RESERVES was read by the city clerk Councilman Parry moved to adopt Ordinance #65, Series of 1981, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Parry, aye; Knecht, aye; Mayor Pro Tem Michael, aye. Motion carried. REQUEST FOR PIF REBATE - Pacific Avenue Building Councilmember Collins stepped down. Councilman Parry moved to approve the PIF rebate requested for the two employee units at the Pacific Avenue building; seconded by Council- man Knecht. All in favor, motion carried. SCHEDULE P & Z INTERVIEWS Council scheduled five interviews for Wednesday October 7, 1981, at noon. LIQUOR LICENSE RENEWAL - Aspen Center for the Visual Arts Councilman Parry moved to approve the renewal for the liquor license for the Aspen Center for the Visual Arts; seconded by Councilman Collins. All in favor, motion carried. Councilman Parry moved to adjourn at 9:50 p.m.; seconded by Councilman Collins. All in favor, motion carried.