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HomeMy WebLinkAboutminutes.council.19871012R~ut~ ___---~~~ c-r3---__._.--8ct ~~er~--~ ~,-- x-9-87 TABLE OF CONTENTS Qctober 12, 1987 ~cH-~DU~ ~e--~~R-~~ 1 P & Z Resolution. 1 Ice Garden Work Session Request. 1 Proclamation - Aspen High School Homecoming. 1 ORDINANCE #41, SERIES OF 1987 - Galena Street Improvements 4 ORDINANCE #44, SERIES OF 1987 - Underground District 6 RESOLUTION RFTA SUPPLEMENTAL BUDGET APPROPRIATION 6 SNOW DUMP/IMPOUND LOT 7 CONSTRUCTION OF SIDEWALK ON NORTH MILL STREET 9 JAMES E. MOORE PROPERTY - WATER 10 REQUEST FOR FUNDS - DICKENS CAROLLERS 11 BANKING SERVICE CONTRACT 11 ORDINANCE #45, SERIES OF 1987 - Appropriations 12 ORDINANCE #46 SERIES OF 1987 - Appropriations 13 RESOLUTION #24, SERIES OF 1987 - Commercial GMP Allocation Gordon' s 14 PLAT AMENDMENT - Smuggler Loop Condominium 17 ORDINANCE #47, SERIES OF 1987 - Code Amendment, Growth Management Quota System 18 PUD AMENDMENT - Farver 21 RED ROOF SALE 21 PROPOSED ADMINISTRATIVE DELAY FOR NEW BUILDING PERMITS 22 CAPITAL IMPROVEMENT REQUEST - Wheeler Exterior 28 GMP ALLOCATION - Cordon's (Reconsideration) 28 31 _____.--n---~it~v--- -t'z~tm c i ~-- - -- __. -p,~-o~b-e~r- ~_2 ;-- _~..9 ~ SENIOR PGA TOURNAMENT REPORT 3 0 32 Rec~uiar Meeting Aspen City Council October 12. 1987 Mayor Stirling called the meeting to order at 5:05 p. m. with Councilmembers Gassman, Fallin and Tuite present. SCHEDULED PUBLIC APPEARANCRS 1. P & Z Resolution. Jasmine Tygre, vice-chairman, presented a resolution unanimously adopted by the P & Z because they felt it was important for their group to indicate support and con- fidence in the planning office. 2. Ice Garden Work Session Request. George Pucak, Ice Garden, requested Council schedule a work session to study the options for the ice garden in the report submitted during the budget hearing. Council scheduled this at 4:30 p.m. Thursday, October 15th, after the capital improvement budget hearing, at the Ice Garden. 3. Proclamation _ Asxlen High School Homecoming. Mayor Stirling read a proclamation declaring the week of October 5 to 11 Aspen Homecoming Week. The Aspen High School team won their homecoming game. CITIZEN COMMENTS 1. Philip Sullivan, Aspen Limousine Service, told Council they are going to inaugurate a program this fall to start an employee bus from Rifle to Aspen. This bus will leave Rifle at 6 a.m. and make stops up the valley. The bus will return at 4:30 p.m. making the same stops down the valley. Sullivan said he feels this is a project whose time has come. Sullivan said they plan on selling subscriptions; hopefully for $5 per person round trip that can be afforded by employees or employers. Sullivan requested Council support this or give it publicity. Sullivan told Council they have discussed this with the Roaring Fork Transit Agency. 2. Sharon Newman, representing tenants in studio apartments at Castleridge, presented a petition to Council regarding rent increases for studio apartment at Castle Ridge. Another tenant told Council they would also like to address the landscaping and upkee p at Castle Ridge. Assistant City Manager Mitchell told Council the owners of Castle Ridge have made an application f or rent increases which will be bef ore Council at the November 9th meeting. All the tenants have been notified. There has to be a hearing before Council, and the rate increase has to be approved by Council based upon the contract for sale. Ms. Newman pointed out the tenants were informed this is a 7.4 increase. That is an aggregate figure and is actually a 25 percent increase for people in studios. (Councilman Isaac 1 Re-aular-M~etina As~e-n--eity__Cot~ncil -- October 12, 1987 arrived in Council chambers). Another tenant said Council should look at the outside of Castle Ridge; it is an eyesore, nothing has been done with it. There is no sprinkler system, tenants have purchased their own hoses and taken care of their yards. The repairs are not done when asked. Ms. Newman told Council they have also presented this petition to the housing authority. Councilman Isaac said the owners of Castle Ridge were supposed to landscape the hill cut. Mitchell told Council the owners have done what was required in the contract. COUNCILMEI~ER ~COMNfENTS 1. Mayor Stirling asked what the plan is for clearing out the south side of the Marolt property where the city has been storing things for the electric undergrounding project, Chuck Roth, engineering department, said hopefully before it snows . Mayo r Stirling said there has been concern expressed out clearing this out, and asked for a report at the next Council meeting. 2. Mayor Stirling said a city employee has a serious accident while on vacation. Lee Cassin told Council she has spoken t o Elyse E11 iott, who wil l have surgery again. Councilman Isaac said he would like to allocate money to help defray the expenses for the air ambulance from Yugoslavia to London. City Manager Bob Anderson told Council the automobile accident wa s in Yugo- slavia. If the accident occurred in the United States, it would have been one of the automobile companies insurance responsible for some of these costs. Elyse Elliott was treated in Yugoslavia and transferred to London. The city's insurance company paid the medial fees in Yugoslavia. The city's insurance policy has a limit to amount paid for air ambulance of $500. The bill for Ms. Elliott's air transportation is $12,000. Anderson told Council several options are being investigated. Anderson told Council the city is largely self-insured through a company which acts as the city's agency. Anderson told Council said the city's carrier has warned staff if they start covering these type of things, there might be liabilities in other situations that would come up that are outside the coverage. The carrier is concerned that going outside the coverage by this means could start a precedent that the city would be exposed to anyone in any circumstance that has something happen outside the city's coverage. Anderson said there is time to take the opportunity to think about the proper role of the city. Anderson said this is a tough situation, and the problem the city is dealing with is how to maintain the integrity of the city's insurance coverage. Anderson said Council can contribute to an employee in this circumstance. 2 Re-qul-~r---Me-etir~.a--. - _. ___A~en _C-ity Counc-i1 _ October _.12, --i_987 Councilman Isaac moved to add this to the next agenda; seconded by Mayor Stirling. All in favor, motion carried. 3. Mayor Stirling broug October 8 regarding poli would 1 ike to deal wit] scheduled for October 13. if Council's authorizes overtime, it would cover the f i r st of the year . open budget items. ht up the city manager's memorandum of ~e staffing. Mayor Stirling said he 1 this item in the open budget items City Manager Bob Anderson pointed out the appropriation ordinance covering the additional police personnel through Council agreed dealing with this during 4. Councilman Isaac congratulate the Aspen High School football team for their record so far. 5. Councilwoman Fallin reported she attended the Colorado Association of Ski Towns meeting last week in Leadville with the city manager. Councilwoman Fallin said the dues were discussed. Aspen's dues will be $1500 . CAST has decided upon a sliding scale for dues to help smaller ski areas and to encourage recruitment in smaller areas and areas that are not at the base of a ski mountain, like Pagosa Springs. The legislative tour will be in Aspen January 23 and 24. A presentation was made by Colorado Ski Country and Bob Anderson for plans on that tour. Councilwoman Fallin told Council there was discussion of a paid coordinator, and the sense was not to have a paid coordinator because CAST felt they were more effective having the Mayors and Councils talk directly to state representatives. There was a resolution to support adding state tax to the ski lift tickets. This was opposed by everyone there. It was discussed that the state may look at putting a tax on ski tickets to pay for the I-70 corridor improvements. There will be a meeting at Frisco next week to discuss this issue. Councilwoman Fallin told Council the resolution regarding f orest service public hearings was defeated. Air quality will be discussed at the December CAST meeting in Granby. CAST is requesting the environmental health officers from Aspen and Telluride present their air quality programs. 6. City Manager Bob Anderson said regarding the paid CAST staff person, the s ense was that this person should not be a lobbyist but CAST i s open to a staf f person to be paid f rom some other source other than dues to coordinate the lobbying efforts. Councilwoman Fallin said COG has suggested looking into coor- dinating CAST lobbying efforts with those of CAST. 7. City Manager Bob Anderson requested Council schedule a work 3 Recrular---Mee-tinu--___ -_- --_.-A~e.n --City Coun~il__ _ ._. _-flatotrer ~3~ ~~ 1987 session to finish the work on code simplification. Council scheduled this for November 16 from 5 to 7 p.m. ORDINANCE #-~i-~ - SEY~iE~S--~OF 187 - Galena Street Improvements Jay Hammond, city engineer, presented the final version of this ordinance with the only requested change f rom Council of the addition of street lighting to the Aspen Mountain Lodge contribu- tion. City Attorney Taddune pointed out section 3 was added which was a reiteration of a whereas. Mayor Stirling opened the public hearing. Lee Miller, manager of 90 percent of the properties in this district other than the Aspen Mountain Lodge, requested Council's support of this ordinance. This ordinance will provide a public private coordinated effort to improve a long neglected area. The three partners will be the city, Aspen Mountain Lodge, and Miller's homeowners. Miller told Council the support from his homeowners is quite strong. Council's approval can begin a process for a showcase approval of what a neighborhood and t he city working together can accomplish. Mayor Stirling said the city is being asked to contribute $125,000 to this district; the total amount of the district is not to exceed 5418,000, the -_ difference to be contributed by the Aspen Mountain Lodge and the homeowners. Perry Harvey, representing Aspen Mountain Lodge, said Miller's contribution is contingent upon the Aspen Mountain Lodge's contribution. Harvey asked if this binds his property to anything pending the outcome of any legal actions pending or any approvals with the city. Taddune told Council the Aspen Mountain Lodge might be interested in installing, in connection with their PUD approval, certain improvements required under that PUD agreement. Taddune said if the Aspen Mountain Lodge installs these improvements, there will be some efficiencies with respect to timing and disruption of services. Taddune said if there is no problem with Hadid Aspen Holdings and their ownership, the Aspen Mountain Lodge would willing contribute a certain amount of the up f ront surf ace improvements. This will give the property owners in the proposed district the signal that the Aspen Mountain Lodge will make a contribution for the project to work. Taddune said if the Aspen Mountain Lodge is not going to make a contribution, the city and the property owners will have to decide if they want to go any further. Harvey asked if the Aspen Mountain Lodge is being required to participate according to the approval without regard to the status at the time these improvements are made according to this ordinance. Taddune said this ordinance implies this project will 4 Rerru ~--ar-fie et-i-rra---- -- ----------As~e-n --Crty -~crun c 1 _ _ -- - - -Oct obe r 12 . __ 19 87 work better if the Aspen Mountain Lodge contributes it share of the surf ace improvements. Taddune said one of the problems with constructing improvements in this area has been the question mark surrounding the major project. The homeowners have continually been told when the big project comes on line, their improvements will be made. Harvey told Council his project is proceeding and hopes to construct the 700 South Galena project in the spring. They would have to do the street realignment and could do the other improve- ments because of the timing, even though most of the improvements are not required until phase I of the hotel is completed. Harvey said he wants Council to be aware the project has some problems that have not been resolved. Harvey said he cannot categorically state he will do these improvements until the legal concerns have been resolved. Taddune said nothing the Council does regarding this ordinance alters the obligations of the Aspen Mountain Lodge under the PUD agreement. Mayor Stirling asked if the city has a commitment f rom the Aspen Mountain Lodge to participate in the quasi-district . Taddune said no, the city does not have a commitment. The participation of the Aspen Mountain Lodge is based on their obligations under the PUD agreement. Harvey agreed under the PUD agreement, the Aspen Mountain Lodge has a commitment to make these improvements that are considered in this improvement district. Harvey said his only concern is timing which involves the processing of the legal issues and the GMP amendment. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #41, Series of 1987, on second reading as amended; seconded by Councilman Isaac. Councilman Isaac said he would like to discuss where the city's contribution is coming from. Hammond told Council this contribu- tion has bee n included in the capital budget list. There are options to fund this outright as a capital project or to consider funding this all or part from the street serial levy revenues. Hammond said the street serial levy was passed as a mill levy, not as a funding amount per year. With the reevaluation of property, the funds available from that mill levy will go up. Mayor Stirling asked if based on the equitable distribution of the serial levy for streets, is this an equitable amount to apply to this area. Hammond said it is. Hammond told Council if the serial levy is left at its current level of the new evalua- tion, this project can be funded in 1988. Councilman Isaac asked if all the proposed 5125,000 improvements are related to streets. Hammond said they are. Councilman Tuite 5 Regular_ Me e-tzTra._._----- _-~-~ - - ~suen City C~ancil October 12. 1987 said he likes this idea and it is long overdue. Councilman Tuite said he wants to see this done but not redone because of con- struction. Miller supports that and pointed out that is the reason for asking for the cooperation of the Aspen Mountain Lodge. Anderson said there are certain key parts of this program that can be done as a f i rst step with the cooperation of all parties. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORIIII~AI~E #~~; AERIE-S _QF~- 1987 - Underground District Assistant City Manager Mitchell requested Council continue this public hearing to the first meeting in December. Staff does not feel they have received a good response from property owners in the district. Mitchell said staff would like to send out a second notice in order to get as accurate number as possible. Mayor Stirling opened the public hearing. Councilman Isaac moved to continue the public hearing to December 14, 1987; seconded by Councilman Tuite. Councilwoman Fallin asked what this will do to getting the work accomplished. Chuck Roth said the original legal date would have been January 21, 1988. This will push it to March 1, still in time for the construction season. All in favor, motion carried. RESOLUTION RF~A- BUPPLEME-N~AL B-DDGET--APPROPRIAT-ION Phyllis Kenny told Council the RFTA Board approved this sup- plemental appropriation. The purpose of this appropriation is due to the additional conditions imposed upon the Rubey park project, which increased the cost of the project from $300,000 to $365,000. Ms. Kenny said these f unds are available out of 1987 operating surplus. Ms. Kenny told Council the additional conditions imposed on Rubey park were the restroom facilities, extraordinary treatment for the parking lot, and the landscaping. Councilman Isaac moved to approved resolution 87-7 for the Roaring Fork Transit Agency; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling asked if the staff has contacted Guido Meyer. City Manager Bob Anderson reported Meyer is out of the country and staff has not spoken to him. Councilman Gassman said Council received a letter from Meyer's agent about taking up the trees 6 Reaul-ar Me-~tzncr-----_--_-----__ Aspen- City-Council October 12. 1987 and the fence on the property next to Rubey park. Jay Hammond, city engineer, told Council the city will be tearing the fence up soon for the demolition on the project. Hammond said the city thinks they can protect the trees but the fence is about 2 feet into the alley. The project does not work with the fence where it is. Anderson said the city's position is that the fence is on the city's legal right-of-way and the city is going to go ahead. SNOW -D~3 MRS I-I~S~- LOT Chuck Roth, engineering department, reminded Council they directed staff to pursue moving the impound lot to the Airport Business Center. Roth said the Mayor sent a letter to John McBride expressing the city's interest in moving the impound lot to the Airport Business Center. Mayor Stirling reported McBride told him there is no land left in the existing footprint of the Airport Business Center. The only opportunity is to go towards the soccer f field, which would be a long term solution and would require master planning work with the county. Mayor Stirling said McBride is satisfied with the city to be in discussions with the county and with McBride's representative to include a site for the impound lot. Mayor Stirling said at this point there is no temporary, short term solution available to the city. Councilman Tuite noted the county just got parking proposals f or the airport. The county is looking for an asphalt base area for 250 cars. Councilman Tuite suggested the person who gets this contract might want to put aside a section for impounded cars. City Manager Bob Anderson said another possibility is that the county is continuing to explore maintenance facility sites, and there could be some role for the city in this site. Councilman Isaac said there is some land between the gas station and the soccer field which is somewhat prepared for a use consistent with an impound lot. Mayor Stirling said this land is not available to the city. Councilwoman Fallin asked why the junk cars cannot be taken to the dump instead of left at the impound lot. Roth said he has investigated a stage 2 impound lot at the dump. Roth told Council f or about S5 , 000 a f ence can be constructed and the streets department can do the site work and the grading. Roth said with an allocation, this work can be started immediately. Roth said the city will need a space of 100 feet by 50 feet next to the sheriff's impound lot. Mayor Stirling said there is no money left in the contingency fund. Councilman Tuite said the money that was committed for the alley between Monarch and Aspen will not be used in 1987. Councilman Isaac moved to allocate up to $5,000 to provide for a secondary impound lot at the Pitkin County dump, this money t o 7 i~e-eti-na--- ._ _--_--_..____As~en- CitY--~~trn~;-1 _ _._- October -i2. 198 come out of the contingency fund; seconded by Councilwoman Fallin. Mayor Stirling said he is in favor of the secondary impound lot but is not sure that the funding request for the alley has been withdrawn. City Manager Bob Anderson told Council the request to pave the alley was changed to have the city do it next year. Anderson said the allocation by Council was contingent upon the adjacent property owners raising half the money this year, which they decided not to do. All in favor, with the exception of Mayor Stirling. Motion carried. Roth told Council for the stage 1 impound lot, the city is also looking at other sites owned by the county. There is some land by the transit facility. The sanitation district owns some property off the highway. Mayor Stirling moved to direct staff to follow up all possible sites for stage 1 impound lot and report back as soon as pos- sible; seconded by Councilwoman Fallin. All in favor, motion carried. Francis Whitaker told Council he was supposed to have a legal opinion from a qualified attorney on the use of the property as a snow dump tonight. The PCPA approved the expenditure to get that opinion. Whitaker asked if the Council has a legal opinion on the use of this property. Whitaker said if the Council does not have a legal opinion, he requests any decision be postponed until the PCPA has a legal opinion. City Attorney Taddune told Council there is language in the sixth penny ordinance which gives the city the ability to use property acquired with sixth penny funds for capital improvements. At one time it was looked at whether the snow dump f it within that definition. Whitaker said he would like to have a written legal opinion from the city attor- ney . Councilman Tuite said he would have voted to move the snow dump, if there was a place to move it. Councilman Tuite said he does not like the current site of the snow dump. Councilman Tuite said he would like to see the Pitkin County Parks Associatio n work with the city on alternative sites rather than threatening to sue. Mayor Stirling said he suggested pursuing the purchase of snow melt equipment as well as using several smaller sites. Council indicated they agree with Anderson going to look at snow melt equipment when he is in Canada. Janet Deane said it is their understanding that FEMA, Army Corps of Engineers and Colorado State Health department are looking 8 ReQU~:~ar- ~~r~--~__.___ _-- --- -A-spew City ___Councit _ October 12, i 98 into point source problems with the street sweeper trucks and the snow dump. These organizations believe the dump may be illegal. Ms. Deane said there are no current studies on exactly what the content of that dump is. Ms. Deane said the city has talked about allocating $200,000 f or landscape that area. Ms. Deane said this is hard to imagine when 16 full grown cottonwood trees did not survive on the site. Ms. Deane said the water content should be tested before the city even considers continuing dumping on that site. Councilman Tuite asked how sites throughout the city would be selected. Mayor Stirling said a number of sites have been identified by staf f but the city has not sought approval of owners of these sites because there was not a clear direction from Council. Councilwoman Fallin suggested a site on the north side of the golf course. Mayor Stirling moved to direct the city manager to assign as many possible sites, including the golf course parking lot, the area described in the Silver king drive at the base of Red Butte on the edge of the golf course, the M.A.A. parking lots, and any others that are in reach but not on open space; seconded by Councilman Tuite. Mayor Stirling noted that the Aspen One property is not mentioned as a possible site. Mayor Stirling requested from staff the practicality of using these sites. Mayor Stirling said this should be done as soon as possible because of any budget implica- tions. Bil Dunaway asked if this motion precludes using the Koch lumber property. Mayor Stirling said this was not an open space purchase but its intention was to be used as a park. Taddune said that property was used one time as a snow dump and the city received numerous complaints. Councilman Gassman said he would be willing to try multiple sites for a year. Councilman Gassman said he would support using the Koch lumber property as one of these sites. Ms. Deane asked about using a portion of the Marolt property. Mayor Stirling said he did not include that in his motion because of the spirit of that 10 acre donation was to be included in the overall open space. Ms. Deane said there is a dump site in the Smuggler area that could be used. Roth said the city could not do this because of the EPA. All in favor, with the exception of Councilman Isaac. Motion carried. CONST~tD~~6i~~~-I-~-Efi~T~~ -fi~I~fi NORT~3 _M-i-f,L---STREET' Chuck Roth, engineering department, reminded Council at the last meeting they brought up the lack of a sidewalk on North Mill street. Roth said the pedestrians in this area are at the mercy 9 ar --i~+he-e-ti-rrcr---_ _ - _ --- _ _... _ ~sp~rr City Co txn c i r Oc #; ~o~e r - -12 f _ i 9 8 of vehicles existing and entering the businesses in the area. Roth suggested the city petition the 3 adjacent property owners, Kaelin Building, Sanitation District and Mill Street Venture, to pay the costs of installing sidewalk, curb and gutter and 3 driveway cuts of 25 feet each. There would be about 200 feet of clearly defined sidewalk in this area. Roth said it is too late this year to get the work done. The city will stripe the sidewalk area for this season and in the meantime petition the property owners for this work. Councilman Gassman asked what happens if the city petitions the property owners and they are not willing to install the sidewalk. Roth said he would have to investigate if there are any legal abilities for the city to require these property owners to do this work. Mayor Stirling asked if this investigation could be done before the capital improvement budget meeting Thursday. Bil Dunaway asked why, when the city repaved the entire street at the city's expense, the city did not install the sidewalk. Dunaway said it would be inequitable to go after these property owners when no other property owners put in sidewalks on this street. Councilman Gassman said the Hotel Jerome and Aspen Savings paid for their sidewalks on the upper portion of the street. Dunaway said part of Mill Street Venture has a sidewalk. Mayor Stirling moved to direct the city manager to direct staff to pursue the adjacent property owners participating in this work and reporting back to Council as soon as possible the result of this; seconded by Councilman Gassman. Councilman Tuite said he would like to see the city contribute a portion of this work as it is to the benefits of the citizens using the street. It is a safety problem and should be addressed as such. Councilman Gassman said the city will have some design expense. Mayor Stirling said he would be willing to look at this; however, a sidewalk is the expense of a private individual. Councilman Gassman pointed out these buildings were built 10 years ago. If the buildings were built now, they would be required to install sidewalks. The city has already contributed the present value of the cost to put in the sidewalk. All in favor, with the exception of Councilman Tuite. Motion carried. ~AMFS - _R:- ~Mf66R-E- ~R~ .___ i~ATER City Attorney Taddune requested this be tabled f or two weeks as he needs to meet with Jim Moore. Councilman Isaac moved to table this to October 26, 1987; seconded by Councilwoman Fallin. Taddune told Council Moore has 10 Reau-l-ar--Meeti-n~ ----- ---i~s~err ~itv Counci___ __ __ -October_ i2; 1987 a number of complaints about the city's treatment of his water rights. All in favor, motion carried. RFO t3£~3~`~-Ff1R~F~i"d~S - _-_-D-i~~-Ei~T-S~A-ROLL RRS Cindy Shafer, finance director, told Council staff determined the CCLC had money available in their budget to fund this $2500 request. CCLC has approved this request. Mayor Stirling said he is not sure it is an appropriate allocation of the taxpayers money to be paying singers. Councilman Gassman agreed. Council- man Gassman said the CCLC has been set up primarily to benefit downtown merchants but using everyone's money. Councilma n Gassman said f or the public at large to fund carolers to walk around the mall is spending everybody's money to benefit a very narrow segment of the community. Councilwoman Fallin said this is something the merchants' association should be paid f or. Councilwoman Fallin said $2500 can be used in a lot of ways to benefit the entire community and not just singing in the mall. Ms. Shafer said Council should recommend to CCLC not to spend this money. Councilman Gassman moved that staff send a letter to CCLC explaining the Council has not approved funds for the purpose of funding singers; seconded by Councilwoman Fallin. Councilman Isaac said Council needs to re-evaluate the budget given to CCLC. All in favor, motion carried. SANK iNG~~RV ~~-~RA~CT Cindy Shafer, finance director, reminded Council she had shown them the proposals to accepts bids for the city's banking services. Ms. Shafer put together a committee consisting of staff members to review the bids. Ms. Shafer told Council staff sent RFPs to all the local banks and also placed a notice in the paper for any interested institutes. The city received bids from the 3 banks in town, were reviewed by the committee, and the Bank of Aspen is being recommended for a 4 year contract with the fees to be renegotiated after 2 years. Ms. Shafer told Council the city is currently with the Bank of Aspen but does not have a contract. Five years ago the city went through the RFP process and selected the Bank of Aspen, but a contract was never drawn up. The city has not been paying the Bank of Aspen any fees f or services; however, the city is not drawing interest on several minor accounts. Ms. Shafer said this process is to 11 Riau l-a-r_ ~-et i-rra-___ ___- _~s~ue~rr- ~i t.;y-- Co tm c i~ - - _ _ _ ._ ~~ob e~r_ ...12.:...19 8 7 establish a contract as well as reorganize the city's banking relationship. All the city's money will be earning interest and the city will be paying fees. Ms. Shafer told Council the proposal separated the city's services into required services and optional services. The bond processing was an optional service. The banks were evaluated on costs and other information. Ms. Shafer pointed out all of the bids were based on a cost per item and what city staff estimated the volume of these items. The contract is that the city will pay based on the volume of items; if the city was off on their estimates, they will be paying more. City Manager Bob Anderson pointed out the city made an adjustment on custodial safekeeping. Mayor Stirling asked if staff tried to evaluate which of the 3 banks utilizes local deposits for local investment more than any of the other. Ms. Shafer said that was not considered as part of the evaluation; general financial strength was considered as part of the evaluation. Councilman Isaac moved to approve the Bank of Aspen as the city's primary depository for the next 4 years and to approve the attached contract, subject to revisions suggested by the city attorney; seconded by Councilman Tuite. Ms. Shafer said the city has the option upon 30 days notice to terminate the contract. The review after two years is to determine if the costs have changed dramatically. The city has the option, at that time, to terminate if the bank has raised the fees more than the industry standards. Ms. Shafer explained the city does not have a lot of money in the Bank of Aspen. When bond coupons and payments are due, there may be a lot of money in the bank. Ms. Shafer said the city has a $400,000 limit with any bank that is dealt with. The Bank of Aspen as the primary depository does not come under that limit because of cash flow and investments that mature. All in favor, motion carried. f7RDiN-Ai~CE- -#~~; -~-S--f1F--~i9$7 - Appropriations Councilwoman Fallin moved to read Ordinance #45, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #45 (Series of 1987) ] AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $10,890; REDUCING GENERAL FUND EXPENDITURES OF $124,638; RECLASSIFYING PREVIOUSLY APPROVED EXPENDI- TURES WITHIN THE GENERAL FUND OF $89,180; APPROPRIATING 12 Requ-i-a-r~e-e~trra-_ _------------n.-_.-~ity -C-o-tzncil----- .-_ -Octaber_ i-2_; _ 1.9-87 LAND FUND EXPENDITURES OF $6,992; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $8,877 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #45, Series of 1987, on first reading; seconded by Councilman Tuite. Councilman Tuite asked about the higher reserves for the insur- ance deductible. Ms. Shafer said this will be a 1988 budget item. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. OR~7i~~~E --#~fr--~~R~EB ~ --3-9 $7 - Appropriation s Councilwoman Fallin moved to read Ordinance #46, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #46 (Series of 1987) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $50000; APPROPRIATING GENERAL FUND EXPENDITURES OF $189,500; REDUCING GENERAL FUND EXPENDITURES OF $9,000; RECLASSIFYING PREV IOU SLY APPROVED EXPENDITURES W ITH IN THE GENERAL FUND OF $35,100; REVERSING A TRANSFER OF $17,000 FROM THE GENERAL FUND TO THE SMUGGLER SPECIAL ASSESSMENT FUND; TRANSFERRING $17,000 FROM THE GENERAL FUND TO THE SMUGGLER DEBT SERVICE FUND; TRANSFERRING $85,000 FROM THE GENERAL FUND TO THE LODGE AREA SPECIAL IMPROVEMENT DISTRICT CAPITAL PROJECTS FUND; RECOGNIZING LAND FUND REVENUES OF $1,675,000; APPROPRIATING LAND FUND EXPENDITURES OF $1,379,300; TRANSFERRING $45,000 FROM THE LAND FUND TO THE 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $15,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $15,000; APPROPRIAT- ING ASSET REPLACEMENT FUND REVENUES OF $ 82 , 82 5; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $82,375; TRANSFERRING $15,400 FROM THE ASSET RE PLACE- MENT FUND TO THE GENERAL FUND; RECOGNIZING 1985 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND REVENUES OF $7,895,000; APPROPRIATING 1985 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND EXPENDITURES OF $7,900,000; TRANSFERRING $349,000 FROM THE 1985 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND TO THE 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND; APPROPRIATING 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND EXPENDI- TURES OF $144,000; RECOGNIZING SMUGGLER DEBT SERVICE 13 Re-g-cri _ar__-i~e-etirra--_ ___.__ __ _- ~.pcrr-- ~i-ty _ -~o-u n c i-i- -- _ _ __ _.Oc t ~ b e r - V l 2 ,- -1- 9 8 7 FUND REVENUE OF $71,000; APPROPRIATING SMUGGLER DEBT SERVICE FUND EXPENDITURES OF $88,000; REDUCING SMUGGLER SPECIAL IMPROVEMENT DISTRICT REVENUES OF $71,000; REDUCING SMUGGLER SPECIAL IMPROVEMENT DISTRICT EXPENDI- TURES OF $88,000; APPROPRIATING LODGE AREA SPECIAL IMPROVEMENT DISTRICT CAPITAL PROJECTS FUND EXPENDITURES OF $75,000; RECOGNIZING WATER FUND REVENUES OF $87,400; REVERSING A TRANSFER OF $4,000 FROM THE WATER FUND TO THE GENERAL FUND; RECOGNIZING ELECTRIC FUND REVENUES OF $ 57 5 , 4 0 0 ; APPROPRIATING ELECTRIC FUND EXPENSES OF $384,500; REVERSING A TRANSFER OF $5,000 FROM THE ELECTRIC FUND TO THE GENERAL FUND; RECOGNIZING GOLF COURSE FUND REVENUE OF $3,100; APPROPRIATING G OL F COURSE FUND EXPENSES OF $ 80 , 0 00 ; RECOGNIZING POLICE PENSION FUND REVENUES OF $96,300; APPROPRIATING POLICE PENS ION FUND EXPENDITURES OF $15, 000 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #46, Series of 1987, on first reading; seconded by Mayor Stirling. Mayor Stirling asked about the revenue of $2500 from Pitkin County in the general fund. Cindy Shafer, finance director, told Council one of the city's dispatch officers is going to work in dispatch while pregnant. Ms. Shafer said the issue up in the air until open items is police overtime of $15,500. Mayor Stirling asked about the $5500 expenditure for trolley cars and if less was spent because they were not moved to the dump. Ms. Shafer said that was the amount allocated for Council to move the trolleys. Councilman Tuite asked if the PCPA $100,000 loan for the Zoline property is included in the land fund. Ms. Shafer said this does not have to be recognized as a revenue. Ms. Shafer told Council the city attorney is researching legal ramifications of this loan. Mayor Stirling questioned the waiver of the water tap fee for the hospital, as they have no project yet. Ms. Shafer said they are going to apply for the building permit in 1987, and the money is being transferred from the general fund to the water fund in 1987. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. RE_S-OL.t~TI~N __~-2-~; --5~~--~(~F---i-9$7 - Commercial GMP Allocation Cordon's Steve Burstein, planning office, told Council Cordon's is requesting 1033 square feet of commercial space to create a second floor deck enclosure for waiting space for the restaurant. This resolution allocates this square footage to Cordon's. P & Z scored this above the minimum threshold f or the GMP allocation. 14 Re-a-trlar-M~e-e~t-rrra------------------ n -Citv---C`ounci.i_ ___ __ ~t~h`e r --1 ~ , l 987 P & Z granted bonus floor area as well as a special review for trash reduction. Burstein told Council P & Z granted the approval with conditions. Burstein told Council this allocation will use up the 1987 quota in the CC and C-1 zone districts. Burstein said he would like Council to address whether the unused quota in the NC, SCI, Office, and CL and other zone districts should be carried over or eliminated from the 1987 quota. Burstein told Council there were no other applications and there is a considerable amount of space. Council requested this be done as a separate issue. Burstein recommended approval of this resolution allocating quota to Cordon's. Councilman Isaac said when this building was built, one of the conditions of their building permit was to put in an elevator. The shaft was built but the elevator was never put in. Council- man Isaac said this building is requesting expansion, and he would like as a condition of the expansion to finish the ele- vator. This building does not meet code nor the application. Burstein said this was raised at the P & Z meeting. There are several things in the building that are not in strict compliance with the approval. Burstein said the compliance matters may be something separate than a GMP approval. P & Z did not make a recommendation of taking that action prior to the allocation. Councilwoman Fallin asked when these types of issues are enforced. The city should not keep compounding the problem. Councilwoman Fallin said she does not understand why these tw o issues are unrelated. Why should the city give a building additional allocation when it did not meet the requirement s of the first approval. Burstein said there is an employee unit being used as an office. There is a direct relationship to bonus FAR and it is clear that the code requires this be made into an employee unit. Burstein said the building department issues a permit, a certificate of occupancy was issued. Councilwoman Fallin asked about access to restaurants or second floors that are binding. Councilman Gassman said this a building that made a commitment to the city in the original GMP application, which they have not lived up to. They are not asking to expand the building. Joe Wells, representing the applicant, told Council this application is prepared for Cordon's, the owners of the building are a co- applicant; however, it is Gordon that is trying to add this space at his expense. Wells said this applicant is not in a position to deal with all the problems the city has with the building. Wells told Council an elevator was shown in the original GMP submission; however, he could find no reference to the elevator throughout the process 15 $~:gu-i-ar--i~~t-i~ru--------------~sp~rr_~ity_ ~tm~l_-_ __-_ _ __- act~nb_e_r-__ _1.2-.- 1-98'~ Mayor Stirling asked if the owner has been approached about complying with these items. Burstein said not through this process. City Attorney Taddune said the staff is concerned that the original representations have not been complied with. P & Z discussed that Cordon's should not be prejudiced because of a n inability to follow through. The recommendation was forwarded to Council based on Cordon's application, not addressing the prior representations. Taddune said he is concerned about additional growth without satisfying the original conditions. Jay Vickry, architect, told Council this building was granted an exemption from the Colorado state statute that requires handicap access. The reason was that the cost to install an elevator was in excess of 3 percent of the cost of the building and there was an exemption granted to remove the elevation from the building. Vickry told Council he looked at three different options for handicap access. The problem is to put the elevator in would be excessively expensive f or this project. Vickry said there is a problem with access to the building, but to penalize Cordon's for what the owners have done is not fair. Mayor Stirling said the owners were granted approval to build the building without having to install elevators. Mayor Stirling asked how the city can add this to a tenant's application when this was not a requirement of the original approval. Mayor Stirling said he is prepared to pursue this as a separate issue. Taddune said it was represented in the GMP application that an elevator would be in place in the building. Taddune noted that in looking at the record, there is not a lot of discussion about the elevator. Alan Richman, planning director, said the elevator was a representation made by the applicant in the original GMP application. The building plans were submitted to the building department; it was waived by the building department in terms of the building code requirement. The building inspector neglected to contact the planning office and to determine the elevator was a representation of the GMP process. Vickry said it appears between the GMP approval and the f final design of the building a number of changes were made. A ramp coming up Mill street, which accesses handicap bathrooms was added, and it was felt that solved the problem f or access. Mayor Stirling asked if there is an action that Council can take separate from this approval to correct an action that a staff member earlier took. Taddune said at the time, the building inspector was given the ability to waive a handicap elevator. Councilman Gassman said a staff member cannot amend a GMP application. Taddune said the issues are whether the building's certificate of occupancy can be revoked. The building inspector was acting on some authority. With respect to any further growth, Council would be within its authority to say that any 16 ~ •-~------- ----n---~-ty---~anxir+~i~ __ __ _-----Oct~a~ber_ ~~-:_ -1-987 further allotments are conditioned upon compliance with the representations made in the original applications. Wells told Council he can find no reference in the minutes, in the scoring, or in the narrative of the application about the elevator. The elevator shows up on three drawings. Mayor Stirling said he uncomfortable holding up a tenant who is going to make a significant improvement to the property which will be a benefit to the town despite the valid point being made. Councilman Isaac said this is not just tenant improvements; it is an increase in square f ootage, which benefits the entire struc- ture. Mayor Stirling suggested Council pass this resolution allowing the addition to begin, and to direct the city attorney to pursue what is possible to bring the building into compliance. Councilman Isaac said he would prefer a condition that an elevator be constructed. Taddune said the fact that t his building received a certificate of occupancy and that the building inspector waived the elevator, makes it an obvious obstacle to get an elevator installed at this late stage. Mayor Stirling moved to adopt Resolution #24, Series of 1987; motion DIES for lack of a second. Councilman Tuite said he cannot see propagating a problem. Mayor Stirling said if there was clarity that this was a clear require- ment, he would agree. Councilman Gassman agreed this may not be fair, but it is right. The improvement benefits the entire building. This building was represented to the public one way, and something less got built. Councilman Isaac moved to table this resolution to October 26, 1987; seconded by Councilwoman Fallin. Wells pointed out to Council their review is to award the allocation to eligible applicants. The Code states that Council shal l award the allocation to the eligible applicants. Wells stated they are the only bona fide eligible applicant. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Council requested staff bring back the issue of unallocated commercial allotment at the next meeting. Pi~A-T--Idiom - Smuggler Loop Condominium Steve Burstein, planning off ice, told Council this duplex is located on the south side of highway 82 just east of Riverside Drive. Last summer a separate weight room, garage structure was built. The applicant would like to amend the plat to show that 17 -i~e~t -rn~-- ---- ---A-nne-n - G-tv--~unc-i;~ ___ ___ Gct~obe-r --3 2 - 19 87 building. This is a fairly minor change and there are no significant land use issues. Burstein recommended approval of this with the conditions that the plat be prepared as the engineering department requested; that the applicant place a statement on the plat regarding the potential use of the weight room, that it not be a dwelling unit, and that the applicant agree to join any improvement district that would effect that area. Councilwoman Fall in moved to grant approval of the requested subdivision exception for the purpose of amending the Smuggler Loop Condominium plat subject to conditions 1 through 3; seconded by Councilman Isaac. All in favor, with the exception of Councilman Tuite. Motion carried. f?RH ~i~E-~ ~-~?-:---3~Ei~I-E~---f3F --i-g87 - Code Amendment , Growth Management Quota System (Councilwoman Fal l in lef t the room due to a conflict of inter- est.) Alan Richman, planning director, reminded Council they sponsored this code amendment earlier this year. This is an application submitted by Gideon Kaufman specifically regarding expirations. The applicant is concerned that the expiration provision effects land subdivision of single family lots by requiring them to expire 33 months from submission of the GMP submission. Richman pointed out in some cases people buy lots in subdivisions but do not intend to build within 33 months. Richman told Council in this particular case, the developer did not intend to develop all the lots with houses so there is a specific hardship. Richman said staff agrees some action is necessary; however, it is also necessary to understand why the expiration provision is in the Code and whether it should be eliminated entirely or be amended. Richman said he feels it is important to have an expiration provision to not build up an inventory of allotments that are approved f or ever. Richman told Council the applicant has a good reason for wanting some certainty. Richman pointed out when he was ready to recommend an amendment to P & Z, the Governor signed into law the new vested rights legislation. Richman said this legislation is consistent with the approach the applicant is taking. When a project is approved, an owner needs some form of certainty. The vested rights legislation gives a developer 3 years from the date of final approval from a develop- ment to initiate building activity. Richman said after 3 years, the city has every right to say the property no longer has a development right associated with it. Richman said he tried to balance the sides of the law for applicants in the city in general. Richman recommended that the 18 Re-gu-l-a~-~e-~et ng-__,.._._:_~.___._._~;~-n -~i:t~r_ ~o~urr~i i_ _.__ __ --- - fJct ode r --12-- _-1--9 8-~ single family subdivision be treated differently than a multi- family development, commercial or lodge project. A development that is a land development where the developer is not likely to be developing all the units is different than a development in a single building or a complex of buildings. In a single family type subdivision, during that 3 years period, the applicant would have the right to apply f or total exemption from the expiration provisions if 3 conditions were met. These are (1) that the applicant could demonstrate that the conditions imposed upon the application either have been or are being met; ( 2) that any improvements that should have been installed have been installed; and (3) lots sales have occurred or there have been circumstances that prevented these. Richman said multi-family, commercial and lodge projects could look at an extension provision like what is in effect today with the difference that there are more stringent and more conclusive conditions for Council to use than is presently the case. The conditions would be installing improvements, meeting conditions of approval, and diligence and best interest of the community. Richman told Council the city attorney's office may have new information on the vested rights legislation by the second reading. Mayor Stirling asked how this exemption would be applied for. Richman said this wold be an exemption by the Council. Taddune told Council in all vested rights matters, he will recommend the approvals be by ordinance. There are public hearing requirements before and after vesting to specify the conditions on which the approval is vested. Gideon Kaufman said this ordinance addresses his basic concerns. In the lot split and multi-family situation in (a) (1) he recom- mended language saying "it may be submitted anytime prior to the third anniversary". Kaufman said this is a clarification. Richman said he has no problems with this. Kaufman said when an application goes through an exemption process, there is a certain amount of discretion in this process. Kaufman said if an applicant complies with the requirements of the code, an exemp- tion should be granted. People will be buying lots based on the representations the developer is making. Kaufman said he would 1 ike to see this more mandatory, if an applicant complies with the following things, an applicant will be granted exemption. Kaufman said (cc ) is not appropriate with no lots having been sold. Kaufman said if all conditions of a project have been met and the improvements have been done, then the developer should have the discretion f or whatever personal reasons to sell or not sell the lots. The way the ordinance is drafted reads even though a developer has done everything required of him, and no 19 R~uu ~-a-r--i~~t- ~rna---- -._._ __._A-speTr--E its- ~--~u-n-c rl__ _ _ _ ____--flct~~o bye r _ i _2 ~ ~ 19 8 7 lots have been sold he has to explain circumstances beyond his control for an extension. The applicant should have the flexibi- lity of economics to sell the lots. Mayor Stirling said subsection (cc) seems to invite discretion. Mayor Stirling suggested eliminating this subsection. Richman said in multi-family, commercial and lodge extension requests, it is entirely appropriate for Council to have the discretion if the project is in the best interest of the community. Subsection (1) (cc) was discussed at P & Z. Richman said he feels this criteria is least important but the ordinance has to have (1)(aa) and (bb) . P & Z felt it was worthwhile to keep (cc) in the ordinance because it provides Council with additional information on what is happening with the development so they can make a decision as to permanently exempting the units from the expira- tion provision. Councilman Isaac moved to read Ordinance #47, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #47 (Series of 1987 ) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 24-11.7(a) OF THE MUNICIPAL CODE WITH RESPECT TO GROWTH MANAGEMENT QUOTA SYSTEM EXPIRATION PROVISIONS was read by the city clerk Councilman Isaac moved to adopt Ordinance #47, Series of 1987, on first reading; seconded by Councilman Tuite. Councilman Gassman agreed about not building up a backlog of approved projects. Councilman Gassman questioned the difference between multi-family and single family from the public's point of view. Richman said this is a fairness issue; once a developer has taken all the steps required of him, it seems unreasonable to f orce a project on line before it is ready. Richman told Council earlier the city had very stringent expiration provisions placed on the growth management quota. Originally it was 24 months with no extensions. When developers faced those expiration dates, they built the projects. Richman said it is reasonable to treat a single family development in an economically realistic manner. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Council agreed with the amendment to (1) (aa) of "anytime prior to . " 20 R~uu far-l~e-e-tz-n-g~ _~__ ~rr--C"itv-- -~ozrn-c ' ------- - 6c t-o~re~~r -i-2-- 19 $7 PAD- Pifi~~i~D~I'~T - Fa rv e r (Councilwoman Fallin left the Alan Richman, planning office, plat amendment and requires Council, when the new Code is signed off by staff. This is implications at all. Richman to enclose it. room due to conf 1 ict of interest ) told Council this is a condominium Council approval. Richman told adopted, actions like these will be a very minor action with no policy said this is to expand a deck, not Councilman Gassman moved to approve the Farver plat amendment to the Callahan subdivision plat subject to the condition recom- mended by the staff; seconded by Councilman Tuite. All in favor, motion carried. R~--R6@~`--gA-~E City Manager Bob Anderson told Council the cash offer from Village Resorts has been withdrawn. Anderson told Council the city has received two other offers. One from John Smoak, without earnest money, offering 52,100,000 with 5400,000 down and a balloon payment in two years. There has been an indication of interest from Resort Concepts from Tennessee, who would like the city to keep the bidding open for another two weeks. Thomas Lacy sent the city a check for 5240,000 and would like to purchase just the motel rooms for $750,000. Anderson is not recommending this action. Anderson told Council there is continuing interest from the Carrollton Dominion group; however, their offer did not include a down payment. Anderson said it appears the city is having a difficult time selling the property without going through a more typical process. Mayor Stirling moved Council have a work session solely dedicated to discussions about the future of the Red Roof Inn and come to a determination exactly what they want to do with the building and have the work session in the next 30 days; this work session to give the community a chance to air their feelings about the building and to brainstorm all possible ways to proceed with the Red Roof; seconded by Councilman Gassman. Mayor Stirling said the Council is just reacting to one inade- quate proposal after another because Council has not articulated a concept. Councilman Tuite said he feels strongly the city should not be in the hotel business. The city cannot maintain it. Councilman Tuite said he would be willing to discuss this in a work session as long as the discussion includes proposals to sell the Red Roof. Councilman Tuite said he has concerns for both the land fund balances and operation and maintenance of the facility. Councilman Gassman said the Council cannot discuss what they want to do with the Red Roof at the same time enter- 21 R.~crtxl-ar -Me-et-i nq---_._ _____A-s~ae~n._-~-i-ty- -Corm ~i ~ _.__ __ ----~t-o~be r 12 ~- .__ 1-9 87 taining offers to sell the building. Councilman Gassman said Council has to have a discussion about what the building is. After that, if Council wants to sell it, they can come up with an approach on selling it. Councilman Tuite said he has a problem with the city keeping the Red Roof in the community knowing the financial position the city has after the purchase of the Zol ine property and the note for the furniture and fixtures in the Red Roof. Councilwoman Fa llin said her goal is t o sell the Red Roof. The way the city has approached it has not been the most successf ul; listing it wi th a realtor would be a better way to go. Councilwoman Fallin said the city does not have the luxury of retaining the Red Roof and using it for community purposes. Councilwoman Fallin said she would like the work session to address how best to sell and to market the Red Roof. Mayor Stirling said right now the Council has no philosophy about the Red Roof and the city is reacting to one proposal after another. Mayor Stirling pointed out the city has netted close to $1, 000 , 000 in rental of this property and it has been improved by one of the tenants. Council scheduled the work session on the Red Roof f or Thursday, November 5 at 5 p.m. Council requested an agenda. All in favor, motion carried. Mayor Stirling said he has been informed that tabling Resolution #24, 1987, GMP Allocation for Cordon's will put a quietus on the project for 1987-88. Mayor Stirling asked if Council would reconsider this application with a condition that Cordon's will provide a mechanized means of providing handicap access to the restaurant the hours the restaurant is in operation. Mayor Stirling moved to add this to the agenda as VII (n); seconded by Councilman Isaac. All in f avor, with the exception of Councilman Gassman. Motion carried. PRflPC7S~ -~ L-`D~~A'~--~`6R-_~it~EV~fi-_..~~J ii~~i3~ NG-__-#~~RNt~iT~S Mayor Stirling said this is a discussion item for Council to determine if they want to direct staff to place an administrative delay that would apply to R-6 zone only. Mayor Stirling said he is interested in a moratorium for new buildings, only, not remodels. The building season for new starts is almost over. Mayor Stirling suggested the administrative delay go until December 31, 1987 and at the same time instruct the planning department to complete work on reduction of floor area ratios and bulk. Mayor Stirling said his concern is that the character of the R-6 zone is being transf ormed and is an unusual situation. 22 ~.qu-}~-r- •~ ,~-----____.____-_A-s~se-rr_..City--~o~_ii____-------6~t~ober_1.2~ ~__1-g~8-7 City Attorney Taddune recommended Council pass an administrative delay resolution, which can be enacted immediately. At the same time, Council should pass an ordinance in order to invite a public hearing. Taddune presented a resolution and ordinance for Council's consideration. This basically applies to the R-6 zone and imposes a 3 month administrative delay regarding the process- ing of building permits f or the construction, reconstruction or remodelling within that district. Taddune pointed out Section 24-12.7 which provides whenever Council, P & Z or HPC has properly initiated proceedings to amend the text of Chapter 24 and P & Z has subsequently to a public hearing adopted a resolution recommending Council approval of such amendment, no building permit shall be issued by the building inspector which would be prohibited by the proposed amendment for one year following the date of that resolution. Taddune said P & Z is in the process of considering some new controls on the R-6 and possibly RMF zone. The P & Z is v ery close to enacting a resolution that would be more specific than an administrative delay ordinance. Taddune pointed out he has tried to incorporate in the ordinance some of the concepts that P & Z has been discussing. Taddune noted that moratorium or administrative delays are suspect. There are some new U. S. Supreme Court decisions which have dealt with moratoriums. Taddune told Council the longer a moratorium is in effect, the more suspect; the less a moratorium is related to health and safety, the more suspect. Councilman Isaac asked how long it will take P & Z to come to a decision on a recommendation to Council. Alan Richman, planning director, told Council P & Z has met twice on this issue with a public hearing October 6th. Richman told Council there was a mixed reaction from the public on the recommendations. Richman told Council P & Z gave a clear direction, and he has been developing changes to the original recommendation. Richman told Council P & Z may have a resolution for adoption October 27th. Richman said P & Z has asked staff to look at volume. The floor area ratio deals with area and bulk in a two-sided plane. P & Z has asked staff to look at cubic content. Richman told Council this concept will take a lot of work. Richman told Council he will work with local architects and is using research from the American Planning Association. Richman said the volume approach will not be adopted in October. Richman is recommending interim revisions and controls with FAR, setbacks and site coverage until there are volume controls that may or may not work. Richman told Council there are significant changes in staff' s recommendation, particularly for small lots. Richman said there were excellent suggestions from the public at the public hearing. 23 - _T._ _ ~-~-~i-t~- -~rnzn c~i-~, . _.__ _ _-O~t-c,~ r ._.~.: __i ~$-~ Richman told Council the exhibit in the ordinance is the revised recommendations, which are much fairer to lots of 6,000 square feet and less. Councilman Isaac asked how many applications for building permits would be affected if there were to be an administrative delay. Richman said that is difficult to answer. If the delay is for R-6 only, it will affect less than if it were city-wide or all residential zones. Richman showed Council the R-6 zones within the city, the major portion is the west end, a portion of the Shadow Mountain neighborhood, some portions on the east end of town. Councilman Tuite asked if an applicant has an excavation permit, would they be allowed to go ahead. Taddune said the city's position is that no building rights vest until a permit is issued. Taddune said in the past, Council has decided to allow people with appl ica- tions pending continue through the process. Taddune said if Council is trying to prevent a bad situation, they want to prevent any situation that does not have vested rights. Staff has taken the position that is at building permit issuance, not at application. Taddune said the difficulty with this admin- istrative delay is coming up with alternative regulations. Taddune said staff has some idea of what is bothering the community; however, staff does not know exactly what to prevent in order to allow those people who want to build within the proposed new regulations to proceed. Taddune said the beauty of the P & Z approach is that any building design that would be in compliance with what is proposed would be allowed through the process. Councilwoman Fallin stated she opposes the idea of a moratorium. Councilwoman Fallin said people should not be held up because the city cannot decide what they want to do, and the burden is on the city to proceed as quickly as possible. Councilman Gassman agreed the city needs to proceed fast. Councilman Gassman said it is essential to get something done and is not worried about holding someone up with building something the community thinks is wrong. Councilman Gassman said if Council passes a mora- torium, it should be very clear that is not the solution but just a means of buying some time. The city should have some reason- able regulation so that people will know what is going on. Mayor Stirling said he is loath to implement an administrative delay. Last time Council implemented an administrative delay was to allow historic incentives to be drafted. This was not accomplished during the administrative delay. Council was then asked to extend the delay into the building season, and decided not to. Mayor Stirling said Council and staff did not accomplish their goal during the period of the delay. Councilwoman Fallin noted P & Z i s working diligently with staf f to get something accomplished. Councilwoman Fallin said this should be handled at 24 Reran_ ~._- ~ -rr-~it~r--~-~o~tzrrc~i~ -__.___-C)ct-o~be~r-- 32 ; _3-987 the P & Z level and P & Z could have a resolution adopted by October 27th. Mayor Stirling said it is in the best interest of the community to protect every single site that has not been overwhelmed. Mayor Stirling said if the Council protects one site as a result of this delay, that is of value. Mayor Stirling said that is why this stringent measure is required. Taddune told Council a resolution would put into effect an administrative delay with no opportunity from the public to comment. The ordinance mirrors the resolution and allows f or a public hearing. Taddune dis- tributed a resolution and ordinance for Council's consideration. The resolution states Council deems it in the best interest of the City to review the dimensional requirements contained in the Code regarding the construction of structures within the R-6 zone. The ordinance recites that construction, reconstruction or remodelling in the R-6 zone district may be having an undesirable adverse impact because they result in an unacceptable increase in density in established neighborhoods; they have the potential for creating structures out of character; the dimensional requirements of these zone districts may be outmoded with regard to current conditions. Taddune said because he is concerned about having a clearly defined objective, he appended exhibit A, which is the work of the planning off ice to date. Mayor Stirling moved to adopt Resolution #25, 1987, for an administrative delay not to exceed 90 days for any new building permits in the R-6 zone; seconded by Councilman Gassman. Councilman Tuite said he has problems with moratoriums in general. However, there are some very large houses, out of character, which infringe on houses on either side with snowfall, etc. Councilman Tuite said he would favor a moratorium to bring the houses more into line but not significantly less. Councilman Tuite said he finds exhibit A unacceptable and would not approve them. Councilman Tuite said he would be willing to approve a moratorium to come up with something more acceptable. Taddune said he tried to restrict the scope of the administrative delay to those matters that Council is concerned about and not to impact projects that will not be in conflict with these concerns. Mayor Stirling said it may not be practical to attach a set of proposed standards when the Council has no idea of what will be recommended. Taddune said when there is no clearly defined purpose, the more suspect is a drastic remedy of an administra- tive delay. The main reason for exhibit A is to serve as a safety valve for those project trapped in the administrative delay to approach Council and request an exemption. 25 R~-guar-~+e-e-t-i-rr~----_._._--_ --~-due-rY---Git$_~f:`ounci~;___.__---Oct-o~s~r-~12-; _~98~ Councilwoman Fallin pointed out the resolution includes remodel and reconstruction as well as new starts. Taddune said the end result of a remodel could also be a very large structure. Councilman Gassman said the city is passing an administrative delay in order to get time to come up with new regulations, while at the same time there are new regulations attached. Councilman Isaac said for the defensibility of a moratorium. there is a question if there is a health and safety impact on the community. Councilman Isaac said he cannot see a health and safety issue; this is a question of scale and style. Councilman Isaac said he would like to address the volume issue; however, this does not seem to be an emergency. Councilman Tuite said he would favor the moratorium expiring on December 31, 1987. Mayor Stirling and Councilman Gassman accepted that. Councilman Gassman said this is an issue of health, the health of the community. Aspen is a successful community because of the quality of architecture. Councilman Gassman said this is talking about the quality of the community, which has an effect on spiritual and economic health. Mayor Stirling said this issue has to do with the vitality and essence of the town, as well as the state of Aspen's soul. Councilman Isaac said architecture is a very subjective issue. Councilman Isaac said he f eels stopping construction will be a tough issue to defend. Councilman Isaac said his goals are the same; it is a question of the means. Councilman Isaac said he would rather urge the P ~ Z to meet often and to proceed quickly with their recommendations. Mayor Stirling said this only addresses issues of scope and scale. Taddune noted there are some problems with the impact of this resolution. There is a project approved by Council with contrac- tual obligations exacted by the city. Taddune said Council ought to be thinking about these discreet problems. Peter Van Domelen, representing Victorian Square, said their project has been approved by the city as an R-6/PUD and the purchase of this project was made in reliance of the contract between the city and the developer. Van Domelen pointed out there are contractual obligations running both ways in the subdivision agreement. The agreement specifically dealt with bulk, building envelope and footprint for each lot. There are time limitations in which this project must be built out by the developer. Van Domelen said to put a moratorium on this project does not recognize the sanctity of the contract the developer has with the city to proceed. Taddune pointed out a PUD does receive more scrutiny than building by right. Some of Council's concerns have been addres- sed in the approval process of this project. Taddune said it would be appropriate to exempt f rom the administrative delay any R-6/PUD approval. 26 ~.~ ._~._,_~_______..,~~e-rr--e-ity--C~~u7rci~ _ _- --._-Oct-o-bb~r--12-:-__198-7 Jim Colombo, P & Z member, noted Council directed them to come up with a resolution to address this specific issue. Colombo said P & Z has been meeting to resolve these issues with a goal of adopting a resolution by October 27th. The adoption of this resolution will put a suspension on the issuance of building permits until those permits come into compliance with that resolution. Colombo said he does not feel a moratorium is a correct procedure when a procedure has already been initiated. Gary asked what the Council is going to tell people who already hav e their permits in. Gary suggested the resolution go into effect for plans submitted after the resolution is adopted. Don said there is no statutory authority in Colorado for this type of moratorium, and it is questionable on what grounds this resolu- tion is based. Gideon Kaufman said there is a concern about the very large homes that are being built in the west end. Kaufman said the city is using a broad brush approach which will impact the 3,000 and 6,000 square foot lots. Kaufman suggested Council consider narrowing the moratorium to the larger lots. Kaufman said moratoriums are extremely dangerous in terms of precedent and Council should make certain the public has a full opportunity to make its comments known. Councilwoman Fallin moved to suspend the rules and extend the meeting to 9:20 p, m. ; seconded by Councilman Tuite. All in favor, motion carried. Doug Allen said P & Z has not recommended a delay. They are working as f ast as they can, and that is the procedure Council should take. Councilwoman Fallin agreed this should be handled at the P & Z level. Council should not usurp the job of P & Z. Mary Martin said Council should know how many permits there are for various size lots. Jack Frishman said the big houses in the west end are not built for families; they are built for developers. Frishman said Council is procrastinating if they do not taken action on this. Council has been discussing the issue for over a month. Councilman Tuite asked if the PUD exemption would be included. Mayor Stirling agreed this ought to be added to the resolution. Taddune said he will add language stating this administrative delay will not apply to any R-6 which has received PUD approval. The premise is that some of the concerns addressed by this resolution would have been addressed in the PUD process. All in favor, with the exception of Councilman Isaac and Council- woman Fallin. Motion carried. Mayor Stirling moved to rad Ordinance #48, Series of 1987; 27 g~ ____ , •-1- --- ----~-Oct~er --3 2-:-_~ x-87 seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac and Councilwoman Fallin. Motion carried. ORDINANCE #48 (Series of 1987) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, AUTHORIZING AN ADMINISTRATIVE DELAY IN THE ACCEPTANCE AND/OR PROCESSING OF ANY APPL I CAT ION FOR A BUILDING PERMIT FOR CONSTRUCTION OF STRUCTURES WITHIN THE R-6 ZONE DISTRICT AS DEPICTED ON THE OFFICIAL ZONING MAP OF THE CITY OF ASPEN was read by the city clerk Councilman Gassman moved to adopt Ordinance #48, Series of 1987, as amended on first reading; seconded by Councilman Tuite. Mayor Stirling suggested adopting this resolution without exhibit A. Taddune said it will be hard to have an exemption procedure with no criteria. Richman said if a project is below the proposed FAR in the remodelling, there would be no ability for Council to find that project exempt without the guidelines. Councilman Tuite said he has major problems with site coverage. Mayor Stirling agreed there have to be criteria. Roll call vote; Councilmembers Gassman, yes; Fallin, no; Tuite, yes; Isaac, no; Mayor Stirling, yes. Motion carried. ~i-T-prL-- I E~3 - Wheeler Exterior Bill Efting, leisure services director, reminded Council at their budget meeting the improvements needed at the Wheeler were discussed. Efting said the real estate transfer tax is at a higher level, and it was thought the work could get done this fall. Efting said if the work were done, the street would be blocked off from Thanksgiving to Christmas. Efting said the money can be rolled over to do this work in the spring of 1988; however, they have to act on this to save the money to 1988. Eve Homeyer said it does not make sense to try and do this project this winter. Councilwoman Fallin moved to approve monies from the real estate transfer for not to exceed $75,000 for exterior work for the Wheeler to be accomplished in the spring of 1988; seconded by Councilman Gassman. All in favor, motion carried. CAF- - Gordon's (Reconsideration) Joe Wells said putting off a resolution of this issue kills the project until next year. Wells said the applicant is prepared to make a commitment to provide some sort of mechanized handicap 28 u _ ---~-s~e-ix -~itv~--~i: ---------6c~t of~-r---i- 2-:._}--9-8-7 access to the restaurant. This will meet code and will be some way of getting handicap persons to the restaurant. Wells said this will be limited to hours of operation of the restaurant, which are 6 p.m. to 11 p.m. in the winter and lunch hours in the summer only. Wells brought up the conditions in the resolution. Wells told Council P & Z was very concerned about the nature of the entry stair and associated elements particularly the vestibule append- age to the mass of the restaurant. Wells told Council the applicant removed the vestibule, which had provided the double door airlock. Steve Burstein said he is not sure P & Z was aware that removing the vestibule would remove the double door airlock, which was an energy conservation feature. Wells showed an overlay drawing which shows the elimination of the vestibule and clearly only shows one door. Wells said he assumed P & Z had more interest in seeing the architecture cleaned up than to provide two pairs of doors. Wells requested that phrase be stricken from the resolution because there is no airlock entry feature in the revised scheme. Wells said in condition #1 there is an articulation about the number of tables. The applicant feels that issue has been dealt with with the employee housing condition. The applicant is obligated to not increase the number of employees in the res- taurant or to pay cash-in-lieu if they do. Wells said he is concerned that the owners may prevent this applicant from making a commitment to limiting the number of tables in a space that may become a different restaurant in the future. Wells said he does not feel the language in the condition is necessary given that the employee housing commitment is clear. Steve Burstein suggested taking out the works "no more than" so that this is a clarity of the representation of the plan. The applicants are trying to create waiting space; the intensity of the use is not to increase greatly. Wells said in condition #3, he would like it clear that design option #8 is in a series of diagrams that were drawn diagrammati- cally without the embellishment of the curves. Council agreed to take "no more than" out of condition #1. Burstein told Council P & Z approved the design option #8 as part of the bonus FAR. Wells said the diagrams were not all the applicant presented as part of the revisions to the stairs; it was the only #8. Councilman Tuite said there are two points for energy in the GMP scoring. If this door lock is taken away, would the applicant have gotten these two points. Wells said this did not go through a scoring process. The P & Z reviewed the planning off ice recommended scores and reduced the applicant's score so that it was j ust above the threshold. This was for P & Z to make a statement about the entry stairs. Mayor Stirling said the 29 ~~ • ~-g--- --~-~-~~ ~ }----------Qct o~eT ~2`--_ x:-9~8 existing entry stairs are inadequate. They are too narrow and too steep and a new stair approach would be an improvement. Mayor Stirling moved to approve Resolution #24 with the following amendments; condition #1 strike the words "no more than"; #3 add "to the diagrammatic: and in #3 strike double door entry, and add #10 to state the applicant will provide mechanized means of handicap access to the restaurant during all hours the restaurant is in operation to the satisfaction of the building department; seconded by Councilman Tuite. All in favor, motion carried. ~~- ~ R~~ Bill Efting, leisure service director, told Council he has been in contact with Valerie Starr enterprises. She does have a contract with the M.A.A. as a fund raiser. Efting said with the resources of the M.A.A, and the work this summer, the tournament can happen. Efting said if this does not appear to happen, then the city should go after the money given to Starr enterprises to have this tournament. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is liquor license renewals - Cooper Street Pier; Nick's Fresh Fish; Grog Shop; Minutes July 28, September 14, 1987; Little Nell Parking In- c r ea se ; Assignment of Lease in Wheeler Beggs to Aspen Branch. All in favor, motion carried. Councilwoman Fallin moved to adjourn at 9:30 p.m.; seconded by Councilman Tuite. All in favor, motion carried. Kathryn S Koch, City Clerk 30