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HomeMy WebLinkAboutminutes.council.19810727Mayor Edel called the meeting to order at 5:05 p.m. with Councilmembers Knecht, Parry, Michael, and Collins present. MINUTES Councilman Parry moved to approve the minutes of March 23 and 30, 1981; seconded by Councilman Knecht. All in favor, motion carried. C~TIZENii,iPARTi~c~ATIoN 1, Elizabeth Tragis said she understood the Green Family duplex was to be on this agenda. Mayor Edel said this has been referred to the city attorney and building depart- ment to discuss the liability on both sides and then to be returned to Council with a report. Mayor Edei said the Council made a site visit with the result of a moratorium on new buildings in the R/MF zone, which is on the agenda this evening. Paul Taddune, city attorney, told Council he had submitted a confidential report regarding the duplex in question. Taddune has researched the case law submitted by John Kelly, and told ~. Council he feels this reflects the present state of the law. Taddune recommended to Council it would be an imprudent investment of time and energy to try to attempt to bring the Green Family Trust duplex into compliance. Mayor Edel read into the record a letter from Mrs. Tragis. "To the members of the City Council. I wish to go on record in the minutes of the City Council meeting JulY 27, 1981~ as being vehemently opposed to the duplex in the final construction phases as the south- west corner of Garmisch and West Hyman streets. As you know from a letter of June 2nd addressed to Mr. Olof Hedstrom and the Planning and Zoning commission and signed by more than 50 members of the neighborhood, this building is in direct violation of the laws relative to the density and height for its location. I also note that this building has been occupied for some time now by an Mr. A. B. Green without having been issued a certificate of occupancy. In early July, I spoke to Mr. Vann and Mr. Paddock concerning the occupancy of this unfinished and illegal building and was told very specifically by Mr. Paddock that a certificate of occupancy had not been issued, nevertheless, the Green party continues '~o live in the building." Mayor ~del noted that there has been a certificate of occupancy has been issued for half of the duplex. "I am well aware from conversations of neighbors that opposition to the structure has been voiced consistently since at least December 1980, thus allowing plenty of time for the City to have issued a s'top order. I have been told by Mr. Vann and Mr. Paddock that the permit issued to the building was a mistake by a former city employee. It is beyond comprehension how such a flagrant violation df existing city laws could have transpired by "mistake', in the first place, even more incomprehensible is the fact that the city has chosen to ignore the responsibility that it does indeed bear for this so called mistake. I suspect that most of you ~are now, or have been involved in business, industry or government to the extent that you are certainly aware that while it may be painful or costly the captain of the ship is ultimately and unquestionably responsible for the actions or inactions of the crew. I have been told it would be costly for the builder to modify the Green ~ouse~ I ask you to consider the cost to some members of the neighborhood for the emotional and financial due to the deprection of property values. It is my sincere hope that as elected'officials Council will undertake the responsibility that is yours to protect your electorate from violations of existing laws and will institute legal proceedings to correct the zoning violations of the Green House at the corner of Garmisch and West Hyman. A mistake of this magnitude is nor is simply allowed to exist by inaction can be the beginning of a significant decline in value both moral and monetary for the entire city of Aspen. Should Council fail to act responsibly, I will take every means possibile to seek redress from all parties Mayor Edel said that Council has instructed the staff and city attorney to investigate this matter. Taddune said he would make available the case law he has on the subject for the neighbors to see and a copy of an article discussing estoppel. Taddune told Council in his research on this, as far as the city is concerned cases hold that under similar circumstances, ~he city is estopped from asking the property owner to redesign and restructure the building. Councilwoman Michael moved to put the Green Family Trust duplex on the agenda. All in favor, motion carried. 2. ;D~ane Burson, from the community school, told Council they would like to have a garage sale and perhaps use city property, like behind Rubey Park. City Manager Chapman suggested Monroe Summers ~o over this and make recommendations to the Council. 3. Jeri Fox~ Chamber of Commerce, said she would like clarification from Council on the uses of the Wheeler Opera House after renovation and will the Chamber of Commerce be relocated in it. Mayor Edel said at the last meeting Council had regarding plans for the Wheeler Opera House, the only facility remaining was the Visitors Center. The Chamber ~was not located in the building; the rest of the space on the first floor and basement, other than the Visitors Center was to be for retail space. The second floor will be lobby, dressing rooms, etc. Jeri Fox said the Chamber is having a problem.. planning short term; there will be no information services in Aspen for 18 months. Mayor Edel said this should be addressed and the city should help with this. Pip Kline, Roaring Fork Energy Center on the second floor of the Wheeler, asked when the lessees have to be out of the Wheeler. Chapman said tentants should plan on September ls' or until the construction is started. 4. Gail Mahoney, housing authority, presented to Council a memorandum regarding the Castle Ridge housing. There is one unit available and there are four applications for this units; the project is full. The memorandum summarizes the type of occupancy at Castle Ridge; how many people per unit, average individual and household income. 5. George Sells, Takah Sushi restaurant, told Council he has been encountering problems with the building department and would like to bring this to the attention of Council. Sells told Council three months previous he had asked the building department to look at the premises to find out what major problems there might be before opening a restau- rant. Throughout the construction, building inspectors looked at the project. Six days ago, there was a pre-inspection at Takah Sushi done by John Ostwald and David Cerello; they gave Sells a list of items to be done before opening. Paddock had said that as long as Ostwalds and Cerello's wishes were complied, the c/o would be given. Sells said he had permission from everybody who looked at the premises; electrical inspectors. Sells told Council he had hired four Japanese chefs; had $1,000 of fish in the freezer. Takah Sushi got closed down by the building inspeCtor after Sells had been granted to open by the acting head of the building department. Sells told Council he had gutted the space and had done a first class job. Herb Paddock told Council the temporary c/o was written so that the business would be reviewed on Monday, July 27. Paddock said when he did the inspection, he found 24 violations to the building code that should have been addressed by the department. These were fire, life, safety items that had not been addressed. Paddock said the building department was remiss in this function. Paddock told Council the environmental health department had not grated permission and issued a food license for the facility. Paddock said the items on his list should be addressed immediately. Tom Dunlop, health officer, told Council he has been working on this from the first. Dunlop gave Sells a verbal list of items to be complied with that if Sells felt they were done he could open. Dunlop also told him if they were not complied with, he would close the restaurant. Mayor Edel suggested that Sells meet with Chapman, Dunlop and Paddock to go through the entire list of problems and try to come up with a resolution satisfactory to everyone. Councilwoman Michael said she would also like the policy on temporary c/o's discussed. COUNCILMEMBER COMMENTS 1. Councilman Knecht said he would like to see east side planning begin immediately. Alan Richman told Council this is an item on the planning office work program; however, this is at the very initial stages. Mayor Edel suggested a memorandum from the planning office to outline what has been happening. 2. Councilman Knecht said he would like to consider a maximum height for buildings. Mayor Edel pointed out that because of the cost of land, the city will end up with a lot of flat roof houses. Sunny Vann said the planning office will be coming up with comments 3. COuncilwoman Michael brought up the cleanliness of city hall. City Manager Chapman told Council the parks directory has met with the cleaning people and tried to convince them to do a better job. The city may have to hire someone else. 4. Councilwoman Michael brought up the trash on highway 82 and a memorandum has indicated that the state or the county are not going to do anything about this. Chapman said he will prepare a program to tell Council what the costs might be. 5. Councilwoman Michael said the thistle are taking over; the county is not going to do anything about this. Councilwoman Michael asked the city consider doing something. Chapman said he would also prepare a program on this and investigate the costs. 6. Councilman Parry moved to put the Wheeler Opera House construction manager on the agenda; seconded by Councilman Collins. All in favor, motion carried. 7. Mayor Edel reported on the CAST meeting which was held in Aspen and attended by a member of Exxon. This representative to.Id CAST the residue will be a black cloud that will extend over acres a~d acres. Mayor Edel said the CounCil and city should voice very strong objections to what is happening. This is a very serious problem. Council- woman Michael said she had gotten a different sense of what was being said. Perhaps the Council Should write and request a statement of what was said. Councilwoman Michael said she, too, is concerned about this. 8. Councilman Parry moved to put the police/sheriff merger on the agenda; seconded by Councilman Collins. All in favor, motion carried. 9. Mayor Edel said a group had been to Aspen. Mayor Edel had received 40 letters subsequently all positive about Aspen, its cleanliness; the bus drivers are nice; the shop keepers are nice. None of the letters were derogatory. CHILDREN'S BICYCLE TRACK Councilman Parry told Council he has been going over possible locations for this track and the best location would be out at Iselin park. Councilman Parry has talked to Jim Moore, who is all for the idea. Councilman Parry has also talked to Puppy Smith, Ted Armstrong and Jim Holland, who all agree this track could work out there. There is a pop stand; there are toilet facilities, and the area is supervised. Councilman Parry moved to approve the bicycle BMX track at Iselin park; seconded by Councilwoman Michael. All in favor, motion carried. 0u±y Z'/, 198± J GMP COMMERCIAL CODE AMENDMENTS Alan Richman, planning office, told Council the Planning staff and P & Z came to the consensus that the growth management code procedures should be streamlined. There are two ordinances presented to Council, ~48 is for the commercial changes just for the year of 1981. Ordinance 49 makes more substantial changes, extends the growth management quota systems to all zones and is for all following years. Ordinance 48 revises the scoring system to elimiates historic features and adds two new categories, community plan~ and land use regulations and applicant's previous performance. The ordinance also comes up with procedural changes; conceptual approval by HPC prior to submission of a commercial or office GMP application; define the basis for an applicant to challenge the scoring of projects by P & Z; and to~.give thle planning office a basis ~.to determine when an applicant has deviated from an original GMP proposal. Richman pointed out to~ Council the deadline should be October 1 for the submission's this year. There are other decisions to be made at the point of allocations in November dealing with how much square footage Should be available. Ordinance #49 extends to coverage to the remaining commercial and office zones. It also has a new category to evaluate physical services and new employee housing proposal. These will not be effective until after the O~ober 1st deadline date for 1981 and will not apply to this year s applications. Richman told Council the planning office and P & Z have been continuing to review the GMP and are working on the residential sections. Richman went through Ordinance 48 in detail for the Council. Section 24-11.5 on p. 2 is exac the same as present; does not extend the zone coverage and does not include any new informational requirements. Page 3 ad~ (ii) and asks for an employee housing proposal; this has been given routinely. Section (b) is the first section of new scoring and : (1) quality of design has six areas to score upon. Councilwoman Michael asked in (dd) why scores are given for usable open space and pedestrian and bicycle ways when there are provisions for this in the code and the the landscape guides. Sunny Vann said this was in the ordinance originally and it has not been a difficult section to score or had problems. Richman said this is meant as a way of integrating the project into usable trails and bicycle links, and to preserve natUral open space. This is meant to integrate the commcercial project into the rest of the community system. Richman told Council the real changes made to quality of design are in section (cc) to energy, clarification that fireplaces should include heating and cooling devices; and (ff) trash and utility access~areas, which language has been cleaned up from the original GMP ordinance. This requires special review prior to submission of a GMP application so that the application does not have to be amended when they get special review. Richman pointed out the Council the former review was historic features, evaluating areas such as color, scale, massing. There was general agreement this was an area that was particu- larly subjective. HPC review is still required of any building that has historic impact and this section was felt to be redundant. An applicant is now required to get conceptual approval from HPC prior to submission of a GMP application. Vann noted that the GMP is being expanded to include other districts that just CC, which all requires HPC approvals. Richman told Council that Section (2) community commercial uses, is in the Code. The planning office intended to eliminate this section this year and to come forth with an ambitious proposal regarding employee housing. It is difficult to enforce local versus tourist services down the line. It was difficult for applicants to be able to change their applications for 1981 submission so this sectiOn has been maintained for 1981 submission. Vann said the P & Z feels that commercial expansion is a major generator of new employee housing demand; P & Z said the commercial developer should be responsible for housing the additional employees generated. This will be address more fully in Ordinance #49. This section is not a specific requirement, but to maximize points a developer must add employee housing. Councilman Parry said he did not see why community needs should be emphasized in the commercial core when this is a tourist- oriented community. Vann told Council this will be deleted from the second ordinance. The planning office has always felts there should be a shop to provide shoe repair or things like that to service the communitY. The reason this sedtion was not striken from this year is that people have their projects together already and it was too difficult to change entirely. Richman pointed out that no applicant has to score 100 per cent but 30 percent in categori~ 1, 2 and 3 or 60 per cent of the total. This is a trade off process for applicants to see where they can afford to put in design or amenities or uses. Richman told Council the third scoring section is a new section called compability with. community ~i~ns~and land use regulations; this evaluates the degree to which an application could be judged to be in confo:rmance with either an adopted plan or the zoning regulations which set up the intent of the zone district. Richman said P & Z is very interested in this; however, the planning office feels this could be very open ended and discretionary. Richman said the staff came up with specific ideas how the P & Z could award these points and how the staff could provide this information. Councilwoman Michael agreed this section is discretionary and subjective. - Councilman Knecht said the P & Z felt strongly about being able to get into applications, make decisions and award bonus points. Gideon Kaufman said this section gives P & Z members a change to penalize an applicant. Kaufman said he felt this was a way for P & Z to look at a project and if they don't like it, they can find a way to give points against it. Kaufman said the P & Z serves:ia valuable function by scoring on tangible items. Vann said this was the staff's best way to articulate what P & Z wanted. There is a possible compromise in the bonus points, which may be awarded when a project is outstand- ing. The position of the planning office is to reduce the amount of discretion that is available. However, there.,is always a project that does not fit within the categories; it is impossible to write codes %hat will apply to every project. There is a 20 per cent bonus point maximum available which will give the P & Z member to apply to any category. ReguLar Meeting Aspen ~lty uounc~± ~umy z~, z~oz Kaufman suggested if the bonus points are kept in, the P & Z should have to explain their reasons for giving bonus points. Councilman Knecht said he would like to give P & Z as mcuh latitude as possible. Councilmembers Knecht and Collins agreed to keep the compati- bility section in; Councilmembers Parry, Michael and Mayor Edel agreed to cut this section in both Ordinances 48 and 49. Richman went over the next section, which is "applicant's previous performance'', which has not been a scoring category. The planning office suggests that if an applicant has receiv~d an allocation and has gone two years without submitting plans, they should not be allowed to submit an application for that year's competition. Vann pointed out this gives an applicant two years to compete in a year but precludes a person from competing year after year without building. This section does not have to be scored on; it does not get bonus points, and will not help an applicant getting to the threshhold. Vann said the way the section is written, an applicant will lose five points for not building; however, they may still win the competition. Councilwoman Michael suggested taking out "unusual hard- ship from the section; Mayor Edel agreed. Councilmembers Collins, Knecht and Parry voted to keep it in as written. Richman pointed out that the City Council only hears challenges to the scoring; it does not do any scoring. This ordinances gives specific basis for determining whether the Council wants to hear a challenge; denial of due process or abuse of discretion. These have been the only basis for challenges. This ordinance also gives a time limit within which a challenge to be filed, which is 14 days from the of the date of the public hearing at P & Z. Richman outlined that (f) is exactly the same about awarding points and going on to further approvals. Subsection (g) provides a cross reference to 24-11.7(b) to provide ~a basis to look at an application if it has been amended and to determine if a change materially affects the project. Vann told Council there is an FAR bonus in the CC zone district for the provision of employee housing. There has been a misunderstanding about the provision of employee hous- ing; if it is supplied off-site, can all the .5 FAR bonus increase be free market commer- cial. P & Z said that is not what they meant. Mayor Edel said if the FAR is increased for commercial, this further compounds the problems of bigger buildings, more demand for employee space and negates the value of the whole thing. Vann said P & Z had problems with arbitrarily increasing the FAR for commercial space in CC, all they intended to do was not to force an applicant to provide the housing on-site. Richman told Council section 24-11.7 (b) is the criteria for looking at amending a GMP application. There are four criteria listed in the section; if the planning office feels the amendment affects any of these four areas, it must go to P & Z. The P & Z holds a public hearing and based on the four criteria, it does a rescoring. If by rescoring, P & Z finds out the applicant would have no longer met the threshhold to receive an allocation or the applicant's position relative to another application has change, the P & Z then sends a recommendation Ito Council for their action. This section gives a specific way to anaytize the building change. City Attorney Taddune told Council this section repre- sents a codification of the city's existing administrative policy and making it clearer to the applicant. Richman told Council that 24-11.10 is housekeeping matter to complete code references to employee housing in the commercial and lodge sections of the GMP. The last section, 24-11.3 (d) relates to the approval by HPC which was discussed earlier. Councilman Parry moved to read Ordinance #48, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #48 (Series of 1981) AN ORDINANCE AMENDING SECTION 24-11.5, 24-11.7(b), 24-11.10 and 24-11.3(d) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE MODIFICATION OF THE SCORING SYSTEM FOR THE OFFICE AND COMMERCIAL GMP COMPETITION, BY THE ADDITION OF CRITERIA FOR THE DETERMINATION OF WHETHER AN APPLICANT HAS DEVIATED SUB- TANTIALLY FROM THE ORIGINAL GMP PROPOSAL AND BY IMPLEMENTING OTHER PROCEDURAL CHANGES TO THE GROWTH MANAGEMENT QUOTA SYSTEM was read by the city clerk Councilwoman Michael moved to adopt Ordinance #48, Series of 1981, on first reading deleting section 3 entitled "Compatibility with community plans and land use regulations; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Collins, nay; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. Richman said Council also wanted that the bonus points be justified by P & Z members and will add this before second reading. Councilwoman Michael 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 CITY 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 Richman explained this ordinance extends the coverage the day after the 1981 applications are processed. The planning office feels they have gone through the process in reviewing this ordinance with P & Z and feel it is important that people are aware of how the system will look for the 1982 competition. Mayor Edel said he would like to go over this in a study session. Richman pointed out the changes that were in Ordinance 48 are also included in this Ordinance. This ordinances now includes all commercial development. Councilman Collins asked if property zoned SPA were included. Vann said this had not occurred to them; however, this is an area in which the use is determined based on a specific proposal. They can add that should a person propose an office or commercial use in SPA they would have to compete. Councilman Collins asked if this ordinance included offices which are in residences. Vann told Council the P & Z has asked the planning staff to come up with details for small offices which cannot compete under the guidelines. Vann said they basically feel the only way to deal with this is to create an exemption for small project~i. Richman told Council page two is the same as the previous ordinances as is page three, which ~ontains the six categories of quality of design. "Availability of public facili- ties and services" is a new category and relates to the fact that the geographic area governed by GMP is being expanded. There could be differences in water, sewer, storm drainage, transportation, the evaluation is whether the city has to bear the costs of the extension or service or not. Kaufman said he was concerned about one competition for all six zone districts; for example, the intent of the S/C/I is to get as cheap as possible the building and rants. If S/C/I is competing with CC, there will not be that kind of flexibility. Kaufman suggested a separate competition amongs the different districts. Vann told Council the planning office will recompute the remaining buildout, determing an appropriate rate of allocation based on availability of services, etc. The Council's policy has been that those projects get build which have the least impact and are the most appropriate. The planning office will then come back to Council with a total revised quota. Vann agreed this may have some adverse affect on S/C/I and this should be looked at. There may not be any S/C/I land left to develop. Kaufman requested that if this is passed, it be passed with the understanding it be brought back for study before applicant compete on it. Vann agreed but the timing is necessary to get this adopted before October 2, 1981. Richman told Council that the employee housing section has been changed. Section (aa) establishes a deed restriction for 50 years to the city's housing price guidelines. Section (bb) establishes the point schedule for percentage of housing that is to be deed restricted. This housing can be on- or off-site but has to be a net addition to the employee housing pool. Vann told Council that P & Z was unwilling to go with housing 100 per cent of the employees and felt that 50 per cent was a reasonable start with a commitment to increase the percentage overtime. Mayor Edel said he felt 50 per cent was too low. Richman told Council (cc) deals with how to compute the number of employees, This section is trying to get at the fact that office, S/C/I/ CC, zones are not all the same. This will have a basic generator number per zones to determine how many employees there will be. Richman said the planning staff's original idea was to base this generatqr number on use; however, the fear was that uses can change and applicants will present the lowest use, then change to a higher one. Kaufman said the city should look at what they are doing to costs of buildings by adding employee housing; this will drive the rents of new businesses up tremendously. Richman pointed out (dd) prOvides a mechanism for telling an applicant the number of employees the project will generate based on the square footage requested. The language in (ee) takes care of people who have already housed employees. (ff) said an applicant must house employees in general rather than employees of the project. Council requested a study session on this ordinance to go over it in detail. Councilwoman Michael moved to table Ordinance ~49, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. BURNT MOUNTAIN IMPACT ANALYSIS Sunny Vann reminded Council they are a signatory to the memorandum of understanding between the Forest Service and Town of Snowmass Village to consider the impacts of the Burnt Mountain expansion. Vann said in reviewing the documents, the bulk of the comments deal with Highway 82, Owl Creek road, parking lots on Brush creek. The planning office forwarded their comments to the town planner for Snowmass, who agreed with the general- ized comments. The town planner requested Vann bring these letters to Council for them to consider adopting the letters as an official position of Council. Mayor Edel said the Snowmass town Council has looked for imput from City Council. Mayor Edel said he has no problem with putting Aspen's imprimature on this. Councilman Parry agreed. Councilman Parry moved that these letters represent the City of Aspen's position; seconded by Councilman Knecht. All in favor, motion carried. SILVERKING BUS RIDERSHIP Mayor Edel read an editorial from KSNO about walking home to Silverking from town at 2 a.m. with no lights on Mill street, getting attacked on the way home and raped, and that the city is attempting to cutlback on the Silverking bus from midnight to 2 a.m, Duane Fengel, transportation director, told Council the cost of this service from midnight to 2:30 a.m. is very high and the ridership is not. Running a late night bus is not a deterrent to crime Fengel made a study of the ridership and costs and recommends cuttin~i the service back t~ be uniform with the other bus routes and to stay uniform all year round. In the high season the buses will go to 1:00 a.m. because there are tourists that ride all the bus routes. Fengel's study showed that the average nightly ridership on the Silverking route from midnight to 2:30 a.m. is 14 persons with a 2 to 1 ratio of male to female. Mayor Edel asked if, because this is a cost factor, it would be appropriate to charge ~ a fee because it is a singular area of the city. Fengel said for 14 average riders, he would have to charge $4 and a cab is $2.00. Councilwoman Michael asked if police rides were still available. Mayor Edel said if the Silverking service is stopped, the city will have to have a campaign for other options, such as police rides. City Manager Chapman said the staff could look into this. Fengel said he feels this operation is too expensive right now; what the staff thought would happen is not. Councilman Michael moved to cut the Silverking bus route to 12:30 a.m. for the sum~er and off season, and further move that the transportation department work with the police department in installing a substantial PR campaign announcing the police staff is avail- able to drive women home after 12:30 a.m.; seconded by Councilman Knecht. All in favor, motion carried. UMTA GRANT City Manager Chapman told Council a grant application for transportation has been prepared and reviewed by UMTA; they need a letter of commitment from the city for the matching share for the purchase of 16 new pieces. The matching share is $560,000, which will be required when the buses are delivered. The staff is looking at options on how to raise this money; bonding is one, municipal leasing is an other, negotiating with the Ski Corp. The source of the funds will actually be charges to the users, Chapman said he is not concerned about repayment but how to handle the upfront money. Councilwoman Michael moved to send a letter to Pitkin County stating that the City of Asper does support them in their bus grant application and a letter of commitment to UMTA guaranteeing 20 per cent local share for the bus grant; seconded by Councilman Parry. All in favor, motion carried. WAIVER OF BUILDING CODE - THRIFT SHOP City Manager Chapman told Council he, Paul Taddune and Herb Paddock have reviewed the requirements for getting a house to be donated to the Thrift Shop up to Code. Chapman said the 1979 UBC provides authority to waive parts of the building code provided three criteria are met; (1) the building has special historical or architectural significance; (2) the unsafe conditions described in the code are corrected; (3) that the restored building is no more hazardous than the existing building.. Chapman told Council as a result of point 2, there are some items that could be waived, such as insulation, thermal windows electrical system changes, handicap access. The code requirements that still must be met are replacement of the entire roof and sUbfloor system, some electrical code requirements, and the one-hour rated exterior and interior walls. Chapman pointed out the Council does not have the authority to waive safety requirements the way this is written. Fire Chief Willard Clapper said he did not think the Council should make attempts at changing the Codes. They may be leaving themselves open to too many other projects and to liabilities. Clapper said he did not think the Council should waive any requirements. Councilwoman Michael asked what the cost for the list of items that cannot be waived would be. Karen Kashinski said the roof structure would be a major cost. The Thrift Shop has asked the owner if he would donate any more than just moving the house; he has not responded. Mayor Edel suggested a city-wide drive to raise funds. Ms. Kashinski said it appears the Thrift Shop would do better with a new structure. Councilman Knecht said he would hate to lose the building for its historical value. Mayor Edel said in the future the Thrift Shop may consider combining with the fire department on site site. Chief Clapp~ said the fire department does not have funds to build next year. Lois Butterbaugh told Council sixth penny funds could be used for renovation of a historic building if it is used for government purposes. Paul Taddune pointed out the building would have to be designated as historic and the HPC has not reviewed it. Mayor Edel suggested the Thrift Shop meet with staff and get on the HPC agenda. There is a sense that Council wants this done. Alberta Moore told Council the Thrift Shop has raised and donated $225,000 over 10 years to various groups. It would be defeating their purposes to put out this money for renovation. ORDINANCE #50, SERIES OF 1981 City Attorney Taddune told Council he has prepared an ordinance imposing a temporary moratorium in the R/MF zone including language of subdivision of new buildings. Taddune has also prepared a resolution authorizing the building department to refrain from acting on any pending building permits, an administrative delay. Councilwoman Michael moved to read Ordinance #50, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #50 (Series of 1981) AN ORDINANCE IMPOSING A THREE (3) MONTH TEMPORARY MORATORIUM ON THE CONSTRUCTION AND/OR EXPANSION OF ALL BUILDINGS WITHIN THE R/MF ZONE WITHIN THE CITY OF APSEN, COLORADO was read by the city clerk Councilwoman Michael moved to adopt Ordinance #50, Series of 1981, on first reading adding the following "subdivision of new buildingS"; seconded by Councilman Knecht. Ed Baker, purchaser of lots N,O,P, Block 68, told Council he is aware of concerns of the neighbors about what he is planning to build. Baker told Council he has met with the surrounding property owners and had a productive meeting. Baker said Council is going to pass an ordinance affecting a small amount of property in the west end and a lot of property in the east end because people are concerned about the height and mass of the building. The R/MF zone has an FAR imposed on it now; it is 1:1. Baker said he applied for a building permit at least a month ago, he has worked with the building department so that his building complies with the zoning regulations. Baker told Council he wants to build a nice duplex and to put two employee units in the basement under RBO review. Mayor Edel said it is the function of Council to respond to the citizens of the community and to reexamine the laws of the City. The Council is affectingil~a moratorium so there is time to research and to think. Councilwoman Michael said the bulk issue has been in the mind of Council for some time. The moratorium Will only be effective for three months. Roll call vote; Councilmembers Parry, aye; Michael, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. July 27, 1981 RESOLUTION #37, SERIES OF 1981 - Administrative Delay Councilwoman Michael moved to read Resolution #37, Series of 1981~ seconded by Councilman Knecht. All in favor, with the exception of Councilman Parry. Motion carried. RESOLUTION 937 (Series of 1981) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AN ADMINISTRATIVE DELAY IN THE PROCESSING OF ALL PENDING APPLICATIONS FOR PERMITS TO CONSTRUCT AND/OR EXPAND BUILDING LOCATED WITHIN THE R/MF ZONE DISTRICT WHEREAS, The City Council of the City of Aspen, Colorado, is in the process of reviewing the present requirements of the zoning ordinances of the City of Aspen as they pertain to the bulk, area and height requirements of the R/MF zone district, and WHEREAS, the City Council of the City of Aspen has before it a pending ordinance proposing the imposition of a temporary three (3) month moratorium on the subdivision of property and construction and/or expansion of all buildings within the R/MF zone district, and WHEREAS the courts are sensitive to the inequities involved in requiring local governments to meet certain time-consuming procedural requirements prior to the adoption of amendments to zoning codes during which time applicants may defer the intended effects of any amendment by applying for approvals prior to the effective date of the amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby authorize an administrative delay on the processing of all applications for building permits to construct and/or expand buildings within the R/MF zone district which would be prohibited by the adoption of the aforesaid moratorium and pending a review of the present requirements of the R/MF zone district, and does hereby authorize a delay of the processing of such applications until the scheduled date of the public hearing and second reading of the proposed moratorium ordinance was read by the city clerk Councilwoman Michael moved to adopt Resolution ~37, Series of 1981; seconded by Councilmar Knecht. Ail in favor, with the exception of Councilman Parry. Motion carried. GREEN FAMILY TRUST DUPLEX City Attorney Taddune recommended that administrative or legal action not be pursued because of the doctrine which holds when a building permit is erroneously issued, the city is estopped from trying to take corrective action where there would be substantial loss or injury to the person who relied upon the approvals. Herb Paddock, building inspector, told Council they have researched this item in depth and feel that the building department is not remiss in issuing the building permit. Clayton Meyring told Council he issued the permit; in the R/MF district there is no FAR listed. However, there was an FAR adopted in Ordinance 16, 1980, this is not listed in the area and bulk requirement section. Meyring told Council as for the roof, the height is measured at right angles to the natural undisturbed slope of the land. According to the approved plans, this duplex is the correct height. Mayor Edel said it seems on recommendation of the city attorney and b.uilding department there is no action to be taken by the city. The building department will verify that the setbacks are accurate. PLUM TREE OPTIONS Councilman Parry moved to table this until Wednesday, July 29, 1981, at noon; seconded by Councilman Collins. All in favor, motion carried. EXEMPTION FROM PARK DEDICATION FEE - Aspen Sanitation District Employee Housing Councilwoman Michael moved to waive the park dedication fee applicable to the four moderat income employee housing units to be constructed by the Aspen Sanitation District at the old sanitation plant located south of Puppy Smith street; seconded by Councilman Parry. City Manager Chapman pointed out this was the location of the snow dump area. The city is not going to be using the Aspen Sanitation property for dumping snow. The staff does have alternatives and will be suggested them to Council. Planning director, Sunny Vann, noted the Council has established a policy if the employee housing units are low or moderate, they may be exempted from park dedication fees. Councilman Collins asked if this is a policy, why does it keep coming back to Council. All in favor, with the exception of Councilman Collins. Motion carried. LOCATION FOR DUMPING SNOW City engineer, Dan McArthur, told Council the site the city will use is the Aspen One property. The only other available site is somewhere on the golf course. EMERGENCY ALARM SYSTEM ORDINANCE Wayne Chapman told Council that Ordinance #5, 1981, is doing what the staff proposed it to do - reduce the number of false alarms. Sopris Security Systems is complaining because there are things in the ordinance that are prohibitive to other businesses moving into town. Nothing in the ordinance.set high standards foraalarm companies; the only thing that is reducing alarms is the high false alarm fee. Chapman pointed out that ordinance intended to put the onus for false alarms on the alarm company. Regular Meeting ............... Aspen Citv ~ounc~l duly Z/, Sopris Security Systems told Council they objected to the high licenseing and high insur- ance fees. Council requested that City Manager Chapman meet with the alarm companies and go over these; if there is anything definitive to bring it back to Council. ORDINANCE #45, SERIES OF 1981 - Appropriation Transportation Councilwoman Michael moved to read Ordinance #45, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #45 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE TRANSPORTATION FUND FROM PRIOR YEAR FUND BALANCES FOR TRANSFER TO THE TRANSIT FUND IN THE AMOUNT OF $108,230; AND TO APPROPRIATE A TRANSFER TO THE TRANSIT FUND FOR EXPENDITURE FOR THE BUSWAY FEASIBILITY STUDY IN THE AMOUNT OF $25,000 AND FOR BUS DEBT SERVICE IN THE AMOUNT OF $83,230 was read by the city clerk Councilwoman Michael moved to adopt Ordinance #45, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~46, SERIES OF 1981 - Appropriation Ice Garden and Land funds Councilwoman Michael moved to read Ordinance #46, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #46 (Series of 1981) AN ORDINANCE RECOGNIZING A TRANSFER FROM THE ICE GARDEN FUND IN THE AMOUNT OF $91,469; AND A REDUCTION IN BUDGETED DEBT SERVICE EXPENDITURES OF THE ICE GARDEN FUND IN THE AMOUNT OF $91,562; AND AN INCREASE IN OTHER EXPENDITURES IN THE ICE GARDEN FUND IN THE AMOUNT OF $93; AND A TRANSFER TO THE LAND FUND IN THE AMOUNT OF $91,469, AND A SUPPLEMENTAL APPROPRIATION IN THE LAND FUND FOR PROPERTY NOTE DEBT SERVICE IN THE AMOUNT OF $91,562; AND AN APPROPRIATION FROM CURRENT YEAR REVENUES IN THE LAND FUND IN THE AMOUNT OF $93 was read by the city clerk Councilwoman Michael moved to adopt Ordinance #46, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Michael, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE #47, SERIES OF 1981 - Appropriation - General Fund Councilwoman Michael moved to read Ordinance #47, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #47 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE GENERAL FUND FROM CURRENT YEAR UNAPPROPRIATED REVENUES IN THE AMOUNT OF $2,000 AND RECOGNIZING ADDITIONAL UNANTICIPATED REVENUE IN THE AMOUNT OF $500 was read by the city clerk Councilwoman Michael moved to adopt Ordinance #47, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Parry, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. WHEELER OPERA HOUSE MANAGER City Manager Chapman told Council the staff has been trying to clarify a point in the contract and staff has not been satisfied until today. City Engineer McArthur told Council the staff had solicited construction management proposals to four firms in Denver and Grand iJunction. The City only received one bid; the others declined because of their work load. iA late bid was received, but was much higher than that of Weaver construction. The iconstruction fee schedule from Weaver is broken down into categories because of the iuncertainty the city has on how much money they will spend. One of the fee schedules is ia low percentage up front during the construction at 4.4. On proposal B there is a !straight 7.6 per cent for total construction. The difference is between A and B there is ila on-site construction superintendent; in B all responsibilities are put on the CM to do ithe job within the money and time period. Under this, the CM pays the superintendent, ilsubsistence, lodging, clerical work, etc. Under A, the city is paying a lower percentage ilbut all expenses are on the city's reimbursible list. If the job drags on, the city picks iup the tab. McArthur told Council he feels, if the city is going to do more than $2,000,000 work on the Wheeler, they Council should probably choose proposal B and leave ~he responsbility on the construction manager. Chapman pointed out the proposals are close, but goin~ with B puts incentive on the construction to go quicker. iiCouncilwoman Michael moved to read Resolution #38, Series of 1981; seconded by Councilman iParry. All in favor, motion carried. aspen u~sy councl± July 27, 1981 RESOLUTION #38 (Series of 1981) Councilman Parry moved to adopt Resolution #38~ Series of 1981; seconded by Councilwoman Michael. Ail in favor, motion carried. ELECTION ISSUES Mayor Edel told Council he had met with the County regarding two points on law enforcement 1) whether there should be an elected or appointed sheriff; 2) whether or not the police and sheriff's departments should be consolidated. Mayor Edel stated his position is that it is important to know first whether it will be an elected or appointed official. Mayor Edel said this would sway his thinking towards consolidation and this should go to the voters fist. The Commissioners' asked if the city would be willing,i~if they put this first question to the voters, to put a question to the voters for consolidation. The Commissioners also asked if there is an elected official and a consolidated department, who should be the head of it. Councilwoman Michael said she would have no problem with the city putting the consolidation question on a ballot; however, she prefers an appointed law official. Mayor Edel agreed, as did the rest of Council. City Manager Chapman pointed out if both the elected versus appointed issue and the consolidation issue were on the same ballot, it could be confusing. CONSENT AGENDA Council requested the request for expansion for Primavera be taken off the agenda to find out if this expansion should fal~ under a growth management allocation and commercial expansion. Councilwoman Michael moved to approve the consent agenda - Ordinance #37, Series of 1981; lot line adjustment; Ordinances #39 through #44, Series of 1981 - Water Management Plan; Liquor license renewal - Burger Bros.; Holy Cross Easement; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry moved to com~inue~th~me~t'i~g~un~li. Wednelsday~; Se¢onde~b~. CouncilwOman Michael. All in favor, motion carried. Meeting ended at 10:10 Kathryn ~/. Koch, City Clerk ~D~ia~e~c~ng Aspen City Council July 29, 1981 Mayor Edel called the meeting to order at 12:00 noon with Councilmembers Michael, Collins, Knecht and Parry present. PLUM TREE INN Monroe Summers told Council after the May election, there was a great deal of interest in the sale of the Plum Tree; however, that is where it stayed. Most developers felt the issue was not clear enough to invest a lot of time and money in, i.e. what can be done with the Plum Tree, and its non-conforming status. The question stated there will be no more expansion of the facility, there is an interpretation issue; use, FAR of the building~ Summers said Council needs to define the constraints and outline the options for imprQving. City Attorney Taddune told Council the bottom line is whether the Council wants to initiate rezoning of the area; the staff has come up with a golf course overlay support zone. Alan Richman, planning office, pointed out the lodge reconstruction and preservatio~ ordinances allow ways for a lodge to be renovated and reconstructed. Continued Meeting Aspen ~l~y Summers said there were some proposals for condominium-type units. Richman said resident~ al units would be subject to six-month minimum leases. Councit~man Knecht said he preferred that Council initiates a golf support district. Things after that can be anchored down and narrowly defined. Mike Fitzgerald told Council the first problem with this hotel is that it is a non-conforming use. It is unclear as to what Council wants to see done with this property. Council needs to define potential uses for that property. Without this, the staff cannot compare offers. Mayor Edel said the Council should go with a golf overlay district and while doing that, define what Council would consider in that overlay district. This will state to buyers what the City wants and will avoid confusion. Mayor Edel said the only problem is will this create a delay and another winter in which the building will be shut down Richman told Council he is not arguing against rezoning; it is a question of timing, whether to do it now or later. The Code does provide a mechanism without rezoning. If Council feels they need to make a clearer statement; they need to define what belongs in that zone. Councilman Collins said the city should have a program of what they want out there before they do anything. The property should not be rezoned until it is down in writing exactly what they want. Fitzgerald told Council one of the first question is whether or not the conditional use status will be removed. Another question is how many sqaure feet are there; can the basement be finished off. The facility has to have amenities other than tennis and golf course, like jacuzzis and conference facilities. Another question is if rooms which are obstructed or noisy be turned into conference facilities and new rooms can replace them. Councilwoman Michael pointed out from the ballot question the uses are short-term tourist accommodations, existing square footage, 50 bedrooms. The Council has to take the perimeters of the ballot question and figure out the non-conforming status problem. Fitzgerald asked if the basement were counted as existing square footage. Slummers!out- ~i~ed~i~e!phys~Cal plan~ of~.~heilOdge; the area of the wing of rooms is 20,000 square feet. In a section, the building is a two-story building with a basement entrance in the back. About 4,000 square feet of the basement is finished. The question of square footage and expansion is whether one can use the existing 20,000 square feet or the basement at 40,000 square feet. Mayor Edel said the voters said there could be no more than 50 bedrooms but the intent seemed to be to use that space. Herb Paddock, building inspector, told Council the basement area does not qualify as storage; it is subgrade area and is not counted in the FAR but it is viable usable space. There has not been any designated use for that subgrade area. Councilman Knecht moved to sponsor and initiate an amendment to the text of the Aspen zoning code, to create a new overlay zone, called the golf support overlay for the park zone; and further moved to appoint a committee composed of staff, Council and the private sector to prepare a recommendation for restrictions and permitted uses within the new overlay zone; seconded by Councilman Collins. All in favor, with the exception of Councilman Collins. Motion carried. PRIMAVERA REQUEST FOR EXPANSION Herb Paddock explained Primavera planned only on having tables with umbrellas; this does not fall within the GMP. Councilwoman Michael move~ to allow the expansion for the Primavera liquor license; seconded by Councilman Knecht. All in favor, motion carried. Councilman Knecht moved to adjourn at 1:05 p.m.; seconded by Councilman Parry. All in favor, motion carried. ~, City Clerk ~egular Meeting Aspen City Council August 10, 1981 Mayor Edel called the meeting to order at 5:10 with Councilmembers Collins, Michael, and Parry present. MINUTES There were none. ACCOUNTS PAYABLE Councilwoman Michael moved to approve the accounts payable; seconded by Councilman Parry. All in favor, motion carried. CItiZEN PARTICIPATION 1. Hal Clark, representing Pitkin County Parks Association, told Council he is concerned about a problem with Hallam lake. Clark presented a map showing the area, about 21 acres, which is in the county presently. Clark said he would like the city to consider purchasing two properties adjacent to the Lake; these are owned by Mrs. Paepcke. During the last five years there has been a big impact on properties near Hallam Aake; new buildings have been built surrounding the Lake. There is a parking problem along Puppy Smith street. PCPA feels it is important to develop a strategy to purchase this property during 1982 fiscal year. PCPA has had preliminary discussions with Mrs. Paepcke, who is amenable to the idea. Her position is that she would like an Offer from the city. This is approximately 1-1/2 acres. Mayor Edel and the Council are pro for pursuing this and suggested leaving in Clark's hands and going to the City staff for whatever assistance they need.