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HomeMy WebLinkAboutminutes.council.19791210Regular Meeting Aspen City Council December 10, 1979 ~_~ Mayor Edel called the meeting to order at 5:00 with Councilmembers Van Ness, Behrendt, Parry and Isaac present. MINUTES Councilman Behrendt moved to approve the minutes of October 22 and November 12; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Isaac questioned the payment to Father Leib. Finance Director Butterbaugh said she would check on this. Councilman Isaac also asked for an explanation of payment to Fothergill's. Councilman Isaac moved to approve accounts payable; seconded by Councilman Van Ness. All in favor, motion carried. CITIZEN PARTICIPATION Wheeler Opera 1. Jon Busch asked about appointments to the Wheeler Opera House Commission. Mayor Edel House said Council would announce the names later in the week when all Councilmembers have c~¥~L~ssion voted on it. COUNCILMEMBER COMMENTS Occupancy limits 1. Councilman Behrendt said he would like to put on the agenda a report from the restau- bars/restaurants rant and bar committee recommending seating capacity in dining rooms and bars. Councilman Behrendt moved to put this report on the agenda after the budget hearing; seconded by Councilman Parry. All in favor, motion carried. 2. Mayor Edel read a letter into the record from A. L. Ware commenting on the city's budget. This letter was in answer to a previous letter submitted to Council that was answered by city manager Wayne Chapman. Councilman Collins came into Council Chambers. PUBLIC HEARING - 1980 BUDGET Mayor Edel opened the public hearing. 1. Stacy Standley, representing Grassroots, told Council they had had an election and put together a new Board of Directors. St~ndley told Council after 8 years of existence, Grassroots is the longest enduring community access television station in the country. 1980 Budget Standley stated in the past Council has generally given Grassroots $3,000 as well as space in the Wheeler. Grassroots has a staff of 5-1/2 people and 4 are partially funded by CETA. The budget is not top heavy in terms of salary. Standley said Grassroots has put together forums that politicians have participated in; they have run bus and transit (Grassroots) information; they have covered IDCA, BOLD programs, Ballet West. Grassroots has been contacted to provide snow and road reports, bus schedules, and airport conditions. They would like to expand this into bigger public information for the viewers. Grassroots is trying to fund $21,000 program for equipment to allow Grassroots to go live anywhere in Aspen. Standley requested $4,000 for 1980 as well as Wheeler Opera House space. They would like the money unencumbered to be used for programs the city is specifically interested in. Ms. Butterbaugh told Council the state requires the city to file a budget no later than December 31st. The dollar revenues projected are all earmarked now. If the Council wants to move this money from another program, it could be done at a later point. Ms. Butter- baugh said she was about to close the books and hopefully there will be $100,000 surplus to go to the general fund Surplus. The money can be available for following year appropriations. Ms. Butterbaugh suggested if Council wants to fund Grassroots, after January 1 come back with an appropriation ordinance. Councilman Isaac asked about fund- ing this out of the real estate transfer tax. Ms. Butterbaugh said this could be done only if Council determined this was a form of art. Mayor Edel said it is a form of visual arts. If the transfer tax fund does have sufficient funds, it would be appropriate Mayor Edel suggested waiting to see how the fund performs and how the new management of Grassroots perfOrms. Councilman Van Ness said Grassroots should come back after the first of the year with a request. Mayor Edel closed the public hearing. Councilman Behrendt moved to adopt Resolution 922, Series of 1979, the 1980 Budget; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. RESOLUTION NO. ~ (Series of 1979) Reso. 22, 1979 1980 Budget WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1980, and ending December 31, 1980; and W/iEREAS, the budget as submitted sets forth the following estimated fiscal data including anticipated revenues and expenditures for the year 1980: Revenues Expenditures Transfers Surplus General Services and Operation 3,110,634 (3,527,189) ( 359,051) 11,277 786,883 Land Acquisition Fund including Park Dedica- tion Expenditures, Open Space, and Capital Im- provements Sales Tax 1,329,500 ( 332,267) ( 923,057) 74,176 Transportation/Mall Sales Tax Fund 1,125,000 ( 30,000) (1,091,405) 3,595 Water Fund 949,000 ( 768,579) 100,000) 80,421 Electrical Fund 1,542,000 (1,323,916) 100,000) 118,084 Revenue Sharing Fund 95,000 0 95,000) 0 Police Pension Fund 53,500 ( 13,500) 40,000 Employee Retirement Fund 127,000 ( 60,000) 67,000 Transit Fund 833,824 (1,571,227) 737,403 0 Golf Course Fund 131,350 ( 226,701) 95,351 0 Ice Rink Fund 117,000 ( 216,570) 100,468 898 Wheeler Transfer Fund 531,328 ( 144,944) 29,500) 356,884 1970 Public Purpose Bond Fund 0 ( 42,200) 42,200 0 1978 Sales Tax Ref. Bond Fund 0 ( 689,208) 689,208 0 Street Improvement - Const. Fund 1,070,200 (1,241,700) 171,500 0 Sales Tax Bond Reserve Fund 0 ( 75,000) 75,000 0 Total 11,015,336 (10,263,001) 0 752,335 WHEREAS, the assessed valuation of taxable property for the year 1979 in the City of Aspen returned by the County Assessor of Pitkin County is the sum of Sixty-one Million Eight Hundred Forty-six Thousand Nine Hundred Dollars ($61,846,900); and WHEREAS, the City Council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the City shall be that determined by the County Assessor sufficient to produce ad valorem tax proceeds in the amount of $293,772.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the budget for the City of Aspen as submitted is hereby adopted, which adoption shall constitute appropriations of the amounts specified therein as expenditures from the fun~s indicated; and that the estimated budget revenue requirements of $11,015,336 is declared to be the amount of revenue necessary to be raised by the tax levy and income from all other sources, including surplus at the beginning of the year, to pay the expenses and certain indebtedness, and to provide a reasonable surplus at the close of the fiscal year beginning January 1, 1980, and ending December 31, 1980; BE IT FURTHER RESOLVED that for the purpose of defraying the expenses of the City of Aspen, Colorado, during the fiscal year beginning January l, 1980, and ending December 31, 1980, ghere is hereby levied a tax on said dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado, for the purpose of raising the sum of $293,772.00 which, together with the surplus and revenue from all other sources, is estimated to meet budget expenditure requirements and provide a reasonable closing surplus for said fiscal year. RESTAURANT AND BAR COMMITTEE REPORT Councilman Behrendt told Council the committee consists of himself, Jeri Fox, Jack Little, Bob Jacobs, and Councilman Parry. The committee recommended there be two diff- erent categories; dining rooms at 15 square feet per person, and lounge stand-up bars Occupancy limits at 9 square feet per person. Councilman Behrendt reported that enforcement is necessary b~rs/reStaurants and is to be supported by the city. The establishments should be self-enforcing. Councilman Behrendt said the committee had figures to back up the recommendations, and that this is more stringent than many places. Fire Marshal Bob Jacobs told Council he only has trouble in a couple of places; some bar owners are not enforcing the occupancy load. Councilman Behrendt said the fire marshal would like to see the square footage number as high as possible; however, that causes some problems with some establishments in town. Councilman Parry pointed out these figures are a compromise between various functions as a dance floor is now 7 square feet per person. Jack Little, owner Captain's Anchorage, told Council the National Restaurant Association sent him their guidelines. They allow 12 square feet per person for dining and 7.5 square feet per person for lounge-type situation. In a lounge the tables are smaller and take up less space. Little said this compromise seemed to fit all the restaurants. Jacobs stressed that it is up to the bar owners to enforce this; the building department can bring up non-enforcement at renewal time. Councilman Behrendt moved that the committee's work be accepted by Council and the attorn ~y be directed to draw up the appropriate ordinance; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt pointed out a city-owned property is one of the locations of the biggest problems. Councilman Behrendt asked that the city manager look into the existing problems as it is very dangerous. LIQUOR LICENSE RENEWALS Tom Dunlop requested a hold on the Hotel Jerome, Pub and Chisholm,s Saloon. Bob JacObs told Council he had no problems. Councilman Behrendt moved to renew the liquor licenses for Little Nell's; Little Kitchen, Ute City Banque, Golden Horn, Pinocchio's; Toro's; Mother Lodge, Captain's Anchorage, and Copper Kettle; seconded by Councilman Isaac. All in favor~ motion carried. Dunlop told Council the Hotel Jerome has an extensive list of violations from last March. They are currently in litigation, and there is some question as to who is responsible for the repairs. Dunlop is forcing the repairs through this method and suggested this be approved conditionally. Councilman Behrendt moved to aonditionally approve the liquor license renewal for the Hotel Jerome; seconded by Councilman Isaac. All in favor, motion carried. ' , Councilman Behrendt moved to conditionally approve the renewal for the Jerome B. Wheeler I i Public House; seconded by Councilman Isaac. All in favor, motion carried. Councilman Behrendt moved to conditionally approve the renewal for Chisholm's; seconded by Councilman Isaac. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Michi's This is a request by C. M. Clark and Michi Blake to take over the space formerly licensed as Bandera and Chesire Cat. The file is complete. Liquor I~cense transfer Councilman Behrendt moved to approve the transfer conditioned upon approval by Tom Michi's Dunlop and Bob Jacobs; seconded by Councilman Parry. All in favor, motion carried. SPECIAL EVENT PE~IITS - Grassroots Special Event Myrna , director of fund raising for Grassroots, told Council they were having Permit a concert at the Wheeler Opera House on December 26, There will be two bars at the Grassroots Wheeler, and alcoholic beverages will be sold only before the concert and during inter- mission. Councilman Behrendt moved to approve the special event permit; seconded by Councilman Parry. All in favor, motion carried. SPECIAL EVENT PERMIT - Ballet West Special Event Susie Knight told Council they are having a film at the Playhouse January 15 and a cash Permit bar at the Pitkin County bank after. The tickets will be for a combination of events. Ballet West Councilman Behrendt moved to approve the special event permit; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTION - Rome Richard Grice, planning office, told Council this is an existing duplex; one half owner- Subdivision occupied and the other half short-termed. After winter, the second unit was leased to Exemption a local for six month, It was not intended to be a permanent lease. However, the city Rome attorney feels this constitutes prima facie evidence the unit is part of the low, moderate and middle income pool. Engineering department recommends approval subject to water meter being installed and agreement to enter into a sidewalk improvement agreement. The housing director comments all condominiumizations should receive a 5 year rental restric- tion. The planning office recommends denial unless there is a proposal submitted to mitigate the adverse impacts on the housing pool. Grice told Council the P & Z did not agree as they felt the unit was only used as part of the housing pool for six months, and that was enough to make them feel the argument was overturned. The P & Z recommended approval subject to ..the engineering comments and the six month minimum lease. Grice told Council SectiOn 20-22 ~ddresses low, moderate and middle income housing. The applicant did not subject a proposal to mitigate the impacts and for that reason, the planning office recommended denial. Grice said this is an objective thing; for six months the unit served the purpose of low, moderate and middle income housing. Rome told Council that the rents were above the price guidelines at that time. Councilman Parry moved to approve the subdivision exemption with the conditions of (1) installation of a water meter; (2) agree to enter into a sidewalk improvement distriCt, aK (3) six month minimum lease restrictions; seconded by Councilman Behrendt. All in favor, motion carried. SUBDIVISION EXEMPTION - Joffee Grice told Council there is only one unit in existence, and it is owner-occupied. The second unit will be constructed. There is no question of the housing pool being impacted. Subdivision ~' The engineering department recommended approval with four conditions; the city attorney Exemption recommended approval with the six month minimum lease provision; the planning office Joffee recommends approval with the engineering comments. Councilman Parry moved tO approve subdivision exemption with the four engineering condi- tions and six month minimum lease provision; seconded by Councilman Van Ness. All in favor, motion carried. SUBDIVISION EXEMPTION - Patio Building Subdivision There was no one present representing the applicant. Council asked if it were not the exemption procedure to automatically call all applicants. Council asked city manager to look into Patio Building this and form a procedure. Councilman Van Ness stated under due process without nOtifica- tion, a decision, if protested, would be void. Councilman Behrendt moved to approve the subdivision exemption for the Patio Building with the conditions outlined; seconded by Councilman Parry. Councilman Van Ness said in the event the motion does not pass and if the applicant protests, this be put on the next agenda for reconsideration. All in favor, motion carried. SUBDIVISION EXEMPTION - Kessler Subdivision exemption Councilman Van Ness moved to table at request of the applicant; seconded by Councilman Kessler Isaac. All in favor, motion carried. ReguLar Meeting a~*~ ~xu3 ~uu~ SUBDIVISION EXEMPTION - Beer/Zanger Grice told Council this is an existing duplex on Red Butte drive; unit 2 is owner-occupied and unit 1 is in excess of the price guidelines. The engineering department recommends approval subject to conditions. The city attorney recommends approval with the six month Subdivision minimum lease restrictions. The planning office feels that unit 1 is part of the low, ex~ption moderate and middle income housing pool and there should be a proposal submitted for Beer/Zanger mitigation of the impacts. An additional condition from the engineering department is that the applicant enter into a curb, gutter and sidewalk agreement. The P & Z feels the rental history is in excess of the price guidelines, and therefore, the unit is not part of the housing pool. The P & Z recommended approval without deed restrictions to PMH guidelines but with the six month minimum lease provision and the 7 engineering comments. Jon Mulford, representing the applicants, told Council for the past 2-1/2 years, the property has been rented from six months to a year at $.62 per square foot, which is in excess of the PMH guidelines. Mulford told Council the rent remained steady for that time because the owner deferred on maintenance and did not do anything. Councilman Parry moved to approve the subdivision exemption with the conditions as outline in the engineering memo, agree to enter into an agreement for sidewalks, curb and gutter, and the six month minimum lease provisions; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #73, SERIES OF 1979 - Mobile Home Park Regulations Ord. 73, 1979 Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Mobile Home public hearing. Park-regs Councilman Behrendt moved to read OrdinanCe ~73, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~73 (Series of 1979) AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF THE ASPEN MUNICIPAL CODE BY THE ADOPTION OF A MOBILE HOME CODE AND PROVIDING FOR THE LICENSING OF MOBILE HOME PARKS AND INDIVIDUAL MOBILE HOMES was read by the city clerk. City Attorney Stock told Council he had made the requested changes; this eliminates the licensing provision for individual mobile home and requires only first inspection. Councilman Isaac moved to adopt Ordinance ~73, Series of 1979 on second reading as amende , seconded by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Isaac, aye; Parry, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. CITY MANAGER 1. Set Study Session - Water Management Plan. City Manager Wayne Chapman told Council th staff will not be able to give Council the information of the impacts of the water rates this week. Chapman said this will come back next agenda to be set. 2. Aspen Institute. Chapman told Council the Aspen Institute mediation Chamber Ad Hoc Aspen Institute Committee would like to make a presentation at the next Council meeting. 3. Volunteer Fireman's Christmas Dinner. Finance Director Lois Butterbaugh told Council over the years the city has contributed money to the v~lunteer fire department for their P~quest for Christmas party. It is a thanks for all the volunteer hours. Last year the city contri- funds- buted $800. Ms. Butterbaugh told Council that working through the remaining money in the volunteer general fund, it appears there will be some surplus carried over. Ms. Butterbaugh said fire dept. if Council is in favor, she would move $800 to the Council's budget for this contribution. Mayor Edel said he felt the department deserves the city's support. Councilman Isaac moved to fund the firemen for $800; seconded by Councilman Parry. All in favor, with the exception of Councilman Behrendt. Motion carried. Subdivision 4. Mglly Gibson Condominiumization. Chapman told Council he had a letter from Jeff Sachs Exemption regarding the Molly Gibson condominiumization raising some legal questions and points of Molly Gibson~ information he felt Council should be aware of. Chapman has discussed this with City condominiumization Attorney Stock and was in concurrence that the legal points do not add significantly to the disCussion. Chapman said this with this additional information, Council may decide to reopen the issue. Councilman Isaac asked how the discussions on condomiunizations of lodges was progressing. Stock said Gideon Kaufman will have a proposal this month, and based on the moratorium, staff must bring something to Council the first meeting of January. Councilman Isaac said when the Council makes a policy, that would be the time to reopen the discussion on the Molly Gibson. Councilman Van Ness moved to suspend the rules for the limited purpose of allowing Mr. Sachs to speak for 5 minutes; Seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt stepped down for conflict of interest Jeffrey Sachs told Council P & Z had a hearing on this application for exemption from sub- division on September 18, 1979. City Council had a hearing on October 22, 1979. The key issue in both hearings was whether or not a non-c~nforming use could be condomiumized. Sachs told Council the city attorney and planning staff said no and represented that to both bodies. In the previous Council meeting before this issue came up, Council approved condominiumization of the Tipple Lodge. On the same agenda as Molly Gibson lodge, the Council.enacted a moratorium on condominiumization of lodges. Sachs stated it was clear when Council looked at this application that the moratorium had nothing to do with this application. Nevertheless, Council voted 3 to 2 against this application on the basis that a non-conforn ing use cannot be condominiumized. Sachs sent a letter to the city pointing out that other non-conforming structures had, in fact, been condominiumized. Stock answered, ,I Subdivision have been aware in one or two cases wherein a non-conforming use has been subdivided. So, exemption too, has the planning office had such knowledge. However, we did not indicate in any way, Molly Gibson shape, or form to the Council that non-conforming uses had not been condominiumized in the past." Sachs stated what happened here is basically withholding of information. What has happened is that the staff did not represent it had and they did not represent it hadn't; they knew it had been; they knew that prior planning offices had permitted it; they knew that prior city attorneys had permitted it, but they did not bring it to the attention of P & Z or to Council's attention. Sachs said prior to the city attorney and planning office practice in the past, there is a reversal of opinion. The staff is entitled to their current opinions, but that relevant fact should have been known to Council so Council could make their decision. Sachs stated the issue is whether the planning staff and city attorney has the right to withhold information that they have. Sachs pointed out a new development; the local courts decided in the Silverking case that the County Commissioners has no authority whatsoever to impede the condominiumization of existing structures. Sachs questioned whether the city has that power either, except City Attorney Stock holds the opinion in a home rule city, the city is in a different position than the County Commissioners. Sachs stated this opinion is contrary to most city attorneys in home rule cities~in the State of Colorado. Sachs requested Council re-hear and vote again based on the information that had Council known, might have been different. David J6nes~ wants to condomiumize the lodge and put $75,000 improvements in bef~e selling the lodge and to abide by the same conditions imposed on the approval of the Tipple Lodge condomiumization. Sachs stressed there have been condominiumizations of non-conforming uses. Councilman Van Ness commented he would hope this application would be resubmitted after the moratorium is over. Sachs said they may br may not, but in the meantime Council has done something wrong, and the applicant has to resolve what they have to do about it. Councilman Van Ness said what is implied here in the failure of any of the prevailing votes to say,anything/ is~.that this information does not affect their vote.. Jones said as a citizen, taxpayer and businessman, he feels badly that he is being jacked around by his city government. Jones said he would through a lot of due process, a fact that was so prime to the whole situation was withheld. Mayor Edel said the comment about being "jacked around" is inappropriate, out of line and wrong. Mayor Edel said the Council pursued this application, had meetings and followed it through. COMMITTEE ASSIGNMENTS Council made the following assignments to committees; CounCilman Isaac - COG, with Council- man Behrendt substitute; Councilman Isaac and Mayor Edel to Wheeler Opera House; Council- woman Michael to Visual Arts Board; Councilman Behrendt to Board of Realtors; Councilman Council c~L~L~ttee Parry - Chamber of Commerce; Councilman Behrendt - Lodge owner's; Councilman Van Ness - assignments Bar Associati6n; Councilman Behrendt - transportation task force. Mayor Edel said he would like to have more contact with the school board and with Snowmass village. Mayor Edel suggested the Council get with school board every other month, with Snowmass Village every other month, and once a month with the county commissioners. Mayor Edel said he would have the option, of striking county meetings and substituting Snowmass, Basalt or Board of Education. ORDINANCE ~77, SERIES OF 1979 - Recreation Van Lease City Manager Chapman told Council this van will give the recreation department more flexi- Ord. 77, 1979 bility in terms of transportation. They will not have to use a bus driver. Recreation van Councilman Behrendt moved to read Ordinance ~77, Series of 1979; seconded by Councilman ~arry. All in favor, motion carried. ORDINANCE 977 (Eeries of 1979) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A VEHICLE LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND REY MOTORS, INC. WHICH LEASE IS FOR A TERM OF THIRTY-SIX MONTHS AND PROVIDES FOR A MONTHLY PAYMENT IN THE AMOUNT OF $276.56 was read by the city clerk. Councilman Parry moved to approve Ordinance ~77, Series of 1979, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Van Ness, aye; Collins, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. DROSTE WATER RIGHTS EXCHANGE City Attorney Stock told Council the city acquired water rights from Droste. In next Water rights year's budget there are some funds to transfer these water rights from Droste's name to Droste the city of Aspen as well as to change the use for which the water may be used from agricultural to municipal with secondary use as minimum stream use. There is a proposal for how much the city's water engineers would charge. Musick's firm recommends approval of this proposal by Council. They will provide four specific items; (1) determination of historic point of return flow; (2) month by month breakdown of consumptive use; (3) month by month breakdown of consumptive use as it would apply to municipal purposes; and (4) month by month breakdown of transportation losses. The rate would be based on an hourly rate and will be completed at a cost of less than $1,000. Councilman Behrendt moved to approve; seconded by Councilman Isaac. All in favor, motion carried. FASCHING SETTLEMENT (Christmas Inn) Stock told Council this settlement was presented to past Council in June 1979; their Christmas Inn response was that this was not inappropriate, however, they wanted more information on Fasching one item. The settlement is that Ms. Fasching would Vacate the appeal of her criminal settl~nent conviction and pay the fine. She Will dismiss with pre.jiudice the civil action she brought against the city's Municipal Court from trying to prevent it from hearing the criminal case. By stipulation, the civil case of the city's would be dismissed but without prejud- ice to allow the parties to enforce by appropriate legal action the terms of the stipula- tion. The stipulation would have the following terms: first, Ms. Fasching remodeled 2 units and actually created 7 units, for an increase of 5 units. Ms. Fasching will have to remove 5 units. Second; two units that exist today were carved out of public space. So two of the units removed will have to be returned to some form of public use. In the past that use was a lounge. These units will be a typeof sauna and bathrooms. Third, Ms. Fasching will obtain a building permit for work previously completed or to be completed at double the normal rate charge. All work must be in conformity with the existing UBC. Fourth, Ms. Fasching will have to reveal the names of contractors, plumbers and electricial~s assisting in the illegal construction. Finally, Stock told Council he felt it was impor- tant that no one should be able to benefit by violating the laws of the City. By renting Out these units for three years, there must have been a profit. Stock wanted Ms. Fasching to tell Council what that profit was and to donate to a local charity. The past Council wanted to know how much that amount would be. Stock submitted a letter from a CPA firm allowing only for normal depreciation, it is indicated Ms. Fasching actually had a loss over that time. Ms. Fasching gave to the M.A.A. $1500 last summer. (Councilman Collins left Chambers). Councilman Behrendt said he was surprised that 5 rooms did not generate a profit in a business that normally does. Councilman Behrendt said there is no penalty exacted. Stock pointed out Ms. Fasching has to remove 5 rooms, and the city will not issue a building permit until Council approves the settlement. Councilman Behrendt said he could not accept that the extra money from those units did not benefit Ms. Fasching. Stock told Council that Ms. Fasching has continued to use these rooms since the settlement discussion in June. Mayor Edel said Council has approved all but one subsection and would like to see all other enacted but this subsection. Chapman suggested Council make the dollar figure inversely proportional to the length of time it takes Ms. Fasching to comply with the rest of the agreement. Councilman Behrendt insisted these units not be occupied during this ski season. Stock pointed out the fact this has not been resolved is the work load of his office, not response on Ms. Fasching's part. Councilman Behrendt said he wanted the rooms signed no occupancy. Stock said if Council is willing to accept the unaudited financial statement, he would accept this and tell Ms. Fasching she cannot occupy the five rooms and they must be ripped out and remodelled within a certain amount of time. Councilman Van Ness said he was not comfortable with the "snitch" route on the contractors. Mayor Edel said the rooms should be posted and Council approve the entire settlement. Councilman Parry asked Stock if he would put a date on the settlement and then impose a $300 per day fine after that. Stock said he could put a liquidated damages clause into the stipulation. Stock said he felt this was a strong settlement and is not enacted because this Council has not approved it. Councilman Isaac moved to approve the settlement; seconded by Councilman Parry. All in favor, with the exception of Councilman Van Ness. Motion carried. Council directed staff to close down the extra units and mark them. ORDINANCE ~78, SERIES OF 1979 - Housing Overlay Councilman Parry!moved':to read Ordinance #78, Series of 1979; seconded by Councilman Van Ord. 78, 1979 Ness. All in favor, with the exception of Councilman Behrendt. Motion carried. Housing overlay ORDINANCE ~78 (Series of 1979) AN ORDINANCE AUTHORIZING THE DEVELOPMENT OF BONA FIDE LOW, MODERATE, AND MIDDLE INCOME HOUSING WITHIN A HOUSING OVERLY DISTRICT; PROVIDING FOR MULTI- FAMILY RESIDENTIAL USE WITH INCREASED RESIDENTIAL DENSITY; ~ND PROVIDING FOR THE DESIGNATION OF SUCH HOUSING OVERLAY DISTRICTS was read by the city clerk Councilman Parry moved to adopt Ordinance ~78, Series of 1979, on first reading; seconded by Councilman Van Ness. Councilman Behrendt said there will be an impact on the FAR and bulking of structures due to this ordinance; there will be pressure back on the Council for an FAR ordinance. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Van Ness, aye; Isaac, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~79, SERIES OF 1979 - Marolt Annexation and Rezoning Ord. 79, 1979 City Attorney Stock told Council the application for annexation was signed by 100 per cent Marolt Annexation of the property owners. This may go through two processes of annexation and then rezoning, and rezoning or it can be done in one process. In this case, the property owners submitted a request for zoning along with annexation. This was submitted to P & Z for their recommendation. P & Z recommended something different than was was requested by the property owners. If Council agrees with P & Z, the property owners must state they approve the recommendation or withdraw their request. The Council cannot adopt the P & Z recommendation without the owners' approval and still annex the property. If Council feels another zoning is appro- priate, they must have the property owners' approval or their withdrawal. Karen Smith, planning director, told Council the City has not addressed a rezoning of this size in 6 or 7 years. There are many factors the planning office and P & Z must consider in making their recommendations. Ms. Smith pointed out this is the first employee housing project of this size and requires some new thinking. There is no adopted housing overlay and no technical way for accommodating what has been proposed. MS. Smith told Council that the consistency with the surrounding land use and zoning must be looked at as well as the consistency with the master plan. Ms. Smith told Council Marolt Annexa- that changed conditions which might warrant rezoning have to be looked at, as well as the tion and rezoni advantages and disadvantages of alternative employee housing sites. Ms. Smith noted that public input has suggested this is an inappropriate site for employee housing. There has been substantial public input from County Commissioners, OSAB and neighbors. Planning recommended R-15A zoning for this property to the P & Z as that zoning is consistent with surrounding patterns and rezoning to higher density than is now permitted is appropriate in view of changed conditions, which is a need for employee housing. Ms. Smith showed a map illustrating the zoning around the property. The master plan for this area of 1973 recommends single family zoning with greenbelt following Castle Creek. The R-15A zone suggests that 50 per cent of the units should be deed restricted to employee housing price guidelines. This zone is recommended because there is not a housin( overlay. Ms. Smith recommended this be considered as a planned unit development (PUD) because through this process one is able to cluster, achieve objectives of reducing impacts, and fit the project to the site. The planning office also recommended SPA zoning because it is the only zone to allow other than residential uses that have been suggested in the conceptual plan. Ms. Smith told Council the crux of the issue before the P & Z is that this would open up a new area for development across Castle Creek, an area which has served as a boundary between urban and rural areas of the county. It has been argued that this is a high priority piece of open space and key to the entrance to Aspen. It has been argued that this property is a continuation of the open space begun with the golf course purchase and the Thomas property. Ms. Smith said a concern has been expressed about the speculative value attached in a rezoning of this type, from 2 acres per unit to 10,000 or 15,000 per unit. The planning office is considering the employee housing need, and leads to the recommendation for higher density. The opposite side of the issue is the need for employee housing and the opportunities of this site for clustering the development and fitting the project to the surrounding neighborhood. The conclusion of the planning office is that there is no best site for employee housing. If the city waits for the best site, it will likely not to be found. Ms, Smith pointed out this site is well served by utilities and transportation and it disberses housing to other parts of the Aspen metro area. It is a medium-size project, and it mixes types of housing which prevents a ghetto-type area. Ms. Smith pointed out that conditions should be attached to the approval as outlined in the planning office memorandum of December 3, 1979. This memo was written after much public input. The P & Z agreed with the approach; however, recommended against R-15A zoning and for SPA/PUD. P & Z felt the ultimate determination of actual numbers on the site could best be made through the specially planned area/planned unit development process. This plan is approximately 125 units, with 40 to 45 free market units and the balance employee units. The P & Z recommended conditions are: (1) 70 per cent of the units be devoted the employee housing, consistent with the recommended housing overlay. If the housing overlay is passed, the free market portion will be exempt from the GMP; (2) allow easier clustering, maximize open space corridors, and reduce intrusion in environmentally sensitive areas, a maximum 100 units be recommended. There are considerations for the density calculations such as slope reduction, Opal Marolt's house, etc. (3) If the housing overlay is passed, application should be made under that procedure. This would benefit the city and the applicant. It will allow for growth management exemption; 70 per cent deed restricted units, and provides a shorter process. (4) The development plan shall assure in any phased development, a proportionate share of employee units is built along with free market. (5) The Elk,s facility is not recommended; this is a commercial intrusion is a residential area which has no benefit to the development or surrounding area. (6) Adequate area for road and highway realignment. (7) the rezoning is condition upon application for building permits under a plan following the elements outlined in this approval being submitted within 2 years of development plan approval. If no building permits are applied within 2 years, the rezoning should revert to RR, rural residential. The P & Z suggested another condition, that serious Study and design work be formulated in regard to acess to and from this property. Ms. Smith told Council that the R-15A is a problem as they are not sure this will accommo- date the proposed 125 units. The applicant feels R-6 zoning is appropriate and that is the zone requested in their petition. Ms. Smith said the p~anning office prefers R-15 with a housing overlay. Bob Joyce, representing the applicant, said he felt the concep- tual plan seems to be goOd for the site. Joyce said they are concerned that the recommen- dations from the P & Z will lead to problems in terms of development. Employee housing accelerated is an expensive proposition. The zoning recommendation does not constitute zoning that would allow the applicant to finance the project any further. The SPA/PUD leaves the land unzoned. The applicant has concerns under R-15 and R~15A zones on how the numbers of density are calculated. Joyce told Council they understood the concerns that have been brought up. If R-6 zoning is allowed, the number of units that could be built is astronomical; this is not the intent of the applicant. This project has been designed to be a 70/30 split. Joyce suggested the zoning be R-6 with a PUD; the R-6 would allow the necessary number of units; the PUD would impose specific constraints as to timing and phasing. Joyce said they would be willing to enter into an annexation agreement binding them to a maximum 125 units on the site and agree to a 70/30 split. Joyce said they would agree at the end of the project to resubmit to the city for the designation of R-15, downzoning the property, so there would not be one piece of R-6 surrounded by other zoning. Joyce told Council he had only had one conversation with the Elk's club. The zoning criteria does not specifically provide for that use. Mayor Edel said he felt the top spot near the highway has got to be open space to keep a corridor open. Mayor Edel also stated he felt 125 units were too many. Councilman Parry noted in the past there have been proposals and drawings for neighborhood shopping centers. This site has been kept in reserve because it might be practical to have a shopping center there. Councilman Isaac asked why the applicant did not want SPA. Joyce said this leaves the question of zoning Marolt Annexation open and does not leave one with something that is financeable. Ms. Smith said the SPA and rezoning category may be necessary to accommodate multi-family structures as least until a housing overlay is passed. Councilman Behrendt asked how many units of development this property could have right now in the county. Ms. Smith said it is zoned AF-2, which is one unit per acre and there are 35 acres, there could be 17 units 50 per cent of which would be deed restricted to employee housing. There would be some reductions to reduce it below 17 units. Councilman Behrendt pointed out between transportation corridors and open space demands, there are some very sensitive areas on this property. Mayor Edel asked Joyce what his problems were with the planning office recommendations. Joyce said they had no problem with 70 per cent deed restricted units. The clustering of the units they have no problems with. However, they do not want SPA designation. They will guarantee the maximum size in the annexation agreement. Ms. Smith said the planning office arrived at 100 units using R-15 density with PUD using the slope reduction, reducing for Opal Marolt's parcel, and easement dedications. Joyce said he felt this determination is putting the cart before the horse; they do not know unit configuration, unit mix, size, which comes out of the planning process. They should zone first, set parameters, then fill in the details. Joyce said they are will to commit to a cap of 125 units through the annexation agreement; they feel this is a workable number. Councilman Behrendt said he is for employee housing; however, he does not feel this area can handle this density as proposed. Joyce told Council they have no problem or difficult~ of going with the housing overlay. Joyce said he has no problem with a schedule of insur-- ing these units are built with the PMH in line. They are not wedded to the Elk's facility They have agreed with a road realignment and to make the largest amount of open space would be in both parties interest. Joyce said they did have some concerns with the time cap; one is when the clock starts ticking. Councilman Parry said he saw no reason for having a two-year time period on this. The housing problem will get more complicated as time goes on. Joyce pointed out PUD process requires phasing, and they will have to build the units in tandem. Hans Gramiger said he wanted it to be mandatory when Council acts on this application, there is a dedicated right of way of 150 feet wide, which is the alignment on Main street going west. Rich Cummins, representing neighboring property owners, said the city should annex this and zone it RR/SPA to maintain control over valuable open space. Jon Mulford, representing the Open Space Board, said they favored trying to preserve the property much as it is. If the city is going to annex, they consider PUD with the dedication of large portions of open space. Ed Zasacky pointed out the R-15 zoning in the county is not consistent with what is proposed; inTthe county R-15 is 1, 2, 3, acres lots. Zasacky said the road will cut across the existing Thomas property, and will create another intersectio3 on highway 82. This will also be another obstacle to kids riding their bikes to school. Zasacky said the CSU maps show this land to be in protected categories, frago-eco systems. There is no portion of this land shown on the maps as land suitable for human occupancy. Zasacky said an indication of zoning will be an indication of dollar value. If the'city gives more density than the county, this will decrease the chances of purchasing this for open space. Zasacky said there may be no best sites for employee housing; however, fe feels this is one of the worst sites for employee housing. Ms. Smith said the planning office is recommending R-15 zoning category, which does not necessary lead to high density. It has specific limitations. They are also recommending this be developed through PUD process in recognition that the project brings 70 per cent employee housing. City Manager Chapman said it may be appropriate to wait until the housing overlay is passed; by the time the project comes back in some of the questions and answers should be forthcoming. Mayor Edel agreed this is rushing things. Mayor Edel said the council should wait until they see what happens with the housing overlay. ORDINANCE #80, SERIES OF 1979 - W.H.O.P. Annexation Ord. 80, 1979 W.H.O.P City Attorney Stock told Council this property lies next to a house located uner the Castl~ Annexation/ Creek bridge. There is no development on it. In the county, this lot is non-conforming Rezoning based on the zoning. They have the right to build a single family home; however, under county regulations, the home would be small. Their annexation petition also requests zon~ g of R-6, which would make it a conforming lot and would allow for a single family house of a larger structure. P & Z considered this and recommended zoning of R-15A. With a 15,000 square foot minimum lot size, the parcel, if zoned R-15 A, would be a non-conforming site but would have right to build single family structure. The difference in set backs would change slightly the envelope of the structure. Councilman Behrendt asked what benefit to the city there is to take this parcel in; the council would be giving them substantial advantage by annexing. Stock said there is no~ gain. Bernie Pracko said this would not incur any expenses to the city as it is close to streets, bus lines, police, etc. The city will get a tax gain. Sunny Vann, planning office, told Council they are of the opinion the annexation is solely for the purposes of economic benefit to the application. Vann indicated should the Council wish to approve the annexation that R-15A would be an appropriate zone. Right now, the applicant could not build a duplex on that property; however, should land be acquired such that a duplex could be build, the second unit would be an employee duplex. Councilman Parry moved to read Ordinance ~80, Series of 1979; seconded by Councilman Behrendt. 2 85 Regular Meeting Aspen City Council December 10, 1979 Councilman Van Ness pointed out by being in the city rather than the county, he would be allowed a building which is 2.8 times what is allowed in the county. Councilman Behrendt asked the policy on insufficient size lots. Ms. Smith said they would get to develop a single family house on a non-conforming lot. The difference is in the county, there is W.H.O.P an FAR which limits the size of the house. Councilman Isaac said he is not comfortable Annexation with this and did not see why the city should take this in. Mayor Edel said this is i Bezoning another unit going up which does not appeal to him. denied Councilmembers Behrendt and Parry in favor, Councilmembers Isaac, Van Ness and Mayor Edel opposed. Motion NOT carried. Councilman Isaac moved to table the resolution for special election; seconded by Councilm~n Van Ness. All in favor, motion carried. ORDINANCE #81, SERIES OF 1979 - Appropriation Ord. 81, 1979 Stock said this ordinance will take $140,000 in excess revenues of the electric fund and Appropriation apply it to purchase power. Finance Director Butterbaugh noted that the city has not don, electric fund a rate increase;, the expenditures for purchased power are UP. There have been two rate increases in the last year. Ms. Butterbaugh told Council the staff would like to come back with a city electric rate increase proposal. Councilman Isaac moved to read Ordinance #81, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 981 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE ELECTRIC FUND IN THE AMOUNT OF $140,277 FROM UNAPPROPRIATED REVENUES AND $55,723 FROM PRIOR YEAR SURPLUS; APPROPRIATE EXPENDITURES OF $196,000 FOR PURCHASED POWER; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk. Councilman Isaac moved to adopt Ordinance ~81, Series of 1979, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Behrendt, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. GROWTH MANAGEMENT ALLOCATIONS GMP residential Ms. Smith told Council there are 14 units available for the 1980 GMP residential alloca- .~allocations 1981 tions and that Council has not approved that 14 units be made available and that subse- quent units be subtracted from 1981. Applicants are wondering how many units are avail- able for this. Councilman Parry moved to approve 14 units available for 1980; seconded by Councilman Isaac. All in favor, motion carried. Councilman Van Ness moved to adjourn at 9:25 p.m.; seconded by Councilman Parry. All in favor, motion carried. ~h, Ci<y Cle~~xk