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HomeMy WebLinkAboutminutes.council.19890522Regular Meeting Aspen City Council May 22, 1989 AWARD - Boyd and Sharon Jeffries 1 PROCLAMATION - Colorado Recycling Month 1 PROCLAMATION - Aspen Bike to Work Days 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 4 RFTA 1988 FINAL SUPPLEMENTAL BUDGET 4 ORDINANCE #22, SERIES OF 1989 - Appropriations 5 REQUEST FOR EXEMPTION FROM ADMINISTRATIVE DELAY - Valley Hi 5 CLEAN AIR CAMPAIGN EFFECTIVENESS 8 REQUEST TO WAIVE TAP FEE - Hospital Housing 10 ALBERT SCHWEITZER MEMORIAL 10 PARKING STRUCTURE CERTIFICATE OF PARTICIPATION 11 CCLC BANNERS ON MAIN STREET 13 S I DEWALK CURB & GUTTER PLAN 13 ORDINANCE #24, SERIES OF 1989 - Creating RMF/A zone 15 ORDINANCE #25, SERIES OF 1989 - Creating R-30/A Zone 17 ORDINANCE #26, SERIES OF 1989 - Zoning Lower Smuggler Annexa- tion 17 ORDINANCE ##27, SERIES OF 1989 - Ordinance #16 Language Clarification 18 FRONT END LOADER PURCHASE 19 SAVANAH REQUEST TO SUBSTITUTE LETTER OF CREDIT FOR CASH 19 GOLDSMITH DEMOLITION 21 22 Regular Meeting Aspen City Council May 22, 1989 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Gassman, Tuite, and Isaac present. AWARD - Boyd and Sharon Jeffries Mayor Stirling said Boyd and Sharon Jeffries have dedicated a lot of time, money and energy to the junior golf program. Mayor Stirling presented a plaque to the Jeffries for these efforts. Jeffries said it has been an honor to build the junior gol f program and to do something for the community. PROCLAMATION - Colorado Recycling Month Mayor Stirling and the Council declared June recycling month. Mayor Stirling read a proclamation into the record and encouraged the citizens of the community to support this effort. PROCLAMATION - Aspen Bike to Work Days Mayor Stirling said Council is trying to create incentives to get people out of their automobiles and to use other modes of transpor- tation. Mayor Stirling read a proclamation into the record. Mayor Stirling and Council proclaimed June 1 and 2 "Bike to Work Days" and encouraged citizens to ride their bikes. Mayor Stirling said this will work in sync with the auto free days. CITIZEN PARTICIPATION 1. Wolfgang Kluge told Council he is trying to indite the president of the United States for conspiracy, fraud and murder. 2. Susie Baker said she is leery about the auto free days because people will not be able to come into town and do errands. Ms. Baker said people who live in town can ride bicycles. Mayor Stirling said the auto free days are voluntary. There will be an area cordoned off for no parking. Ms. Baker asked if dogs will be allowed on the buses. Mayor Stirling said this has not been discussed. The buses will be free these days. Ms. Baker said people who live down valley and work late at night are stuck having to drive their cars. Ellen Sassano, planning department, said parking will be available in other parts of town. The area to be cordoned off will be closed from 7 a.m. June 1 to 3 a.m. June 3. 3. Jon Busch said the Western Slope Railroad Association is hosting a series of events this week. Busch said Wednesday, May 24, at 5:30 at the Hotel Jerome will be a party with a media presentation. This is a fund raiser for the Association. There will be a luncheon Thursday in Glenwood with a presentation of options available for valley transportation, making economic comparisons on various modes of mass transit, and review the 1 Regular Meeting Aspen City Council May 22, 1989 equipment available. Busch said he would like representatives of the city to attend this meeting. 4. Les Holst acknowledged and thanked Tom Isaac and Pat Fallin for their work on Council. They have served with integrity and have helped make the town work. Wolfgang said he would like Council to act as a forum and medium for him to gain attention of the press. Mayor Stirling said he will meet with Wolfgang Tuesday at 1 p.m. in his office. COUNCILMEMBER COMMENTS 1. Councilman Gassman commended the organizers and participants of the art park work. Councilman Gassman said they have made a lot of progress. 2. Councilman Gassman said the trail behind the post office has been paved, and asked the progress on the landscaping. City Manager Bob Anderson said the parks department is working on this and he will check on it. 3. Councilman Gassman asked if there is a report on having non- resident members on city boards. Fred Gannett, city attorney's office, said he has been working on this and it appears this will require a Charter amendment. Gannet said he has been working on this in context of the Board of Appeals. Gannett said if there is a special election this summer, Council could put on a generic Charter amendment. Council asked this be put on the June 12 agenda. 4. Councilman Gassman said he has driven around town looking at the possibilities of a tree planting program. Councilman Gassman said Cemetery Lane is prevented from having a tree program because of the power lines. Councilman Gassman said the city has written to Holy Cross and asked consideration for an underground program. Councilman Gassman asked if the city could be more aggressive in pursuing an underground program. Fred Gannett, city attorney's office, told Council the engineering department is looking at underground districts. 5. Mayor Stirling said the Commissioners have invited Council to a work session May 24th at 7 p.m. at the Chart House. Councilman Gassman said this should be a public meeting. Mayor Stirling agreed. Council said they will meet at the Chart House. Council will be paying for their own meals. 6. Mayor Stirling said the EPA has proposed a series of meetings June 2 and 3 with the various PRPs. Mayor Stirling said this seems to be a way to divide and conquer. Mayor Stirling said he has not 2 Regular Meeting Aspen City Council May 22, 1989 received a reply to his letter to the EPA. Mayor Stirling said he would like Council to register their lack of support for having these type of meetings and request a single joint meeting. Mayor Stirling moved to urge the EPA through staff to have a single meeting at the end of the day for all the groups at one time and work with the BOCC to work this out; seconded by Councilman Isaac. Frank Peters said the deadline for sending out the consent decree is too soon. There is not enough time. There is no detailed plan for what the clean up might be. Peters said the motion might include that Council would like that deadline postponed attendant upon putting together a detailed clean up plan. Mayor Stirling added that suggestion to his motion; seconded by Councilman Isaac. All in favor, motion carried. 7. Mayor Stirling said Councilwoman Fallin will not be able to attend the meeting and has requested that Ordinance #19, Liquor License Training, be tabled. Mayor Stirling moved to table this to June 12, 1989; seconded by Councilman Tuite. City Manager Bob Anderson said Larry Dragon of ASAP has requested this be tabled to late June or early July. Dragon would like a chance to meet with various groups to get an ordinance that everyone can agree to. Mayor Stirling said he would like this on June 12 so that Councilwoman Fallin can articulate her thoughts on this ordinance. All in favor, motion carried. 8. City Manager Bob Anderson asked that the request by Savanah Ltd. to change a cash bond to a letter of credit be placed on the agenda. Councilman Gassman moved to add this to the agenda as the last item; seconded by Mayor Stirling. All in favor, motion carried. 9. City Manager Bob Anderson told Council he will not be able to meet with Council and the Commissioners on May 24. Anderson told Council he has met with the county and discussed issues of city/county interest. Anderson said one concern has to do with office space. Anderson said there is a proposed study session in June to discuss the city hall renovation. 3 Regular Meeting Ashen City Council May 22, 1989 CONSENT CALENDAR Councilman Tuite moved to approve the consent agenda; seconded by Councilman Isaac. City Manager Bob Anderson said one person disputes the need or the desire to pay for the North Mill street sidewalk. Mayor Stirling moved to place this on the agenda; seconded by Councilman Gassman. John Kelly, representing David Baxter, told Council they dispute they need to contribute to this. Kelly said he feels there may be something they can work out in the next two weeks. Mayor Stirling said he would like to give this a chance to see if something can be worked out. Kelly told Council engineering was notified in March that his client had a problem with this. Everyone opposed. Motion NOT carried. Mayor Stirling moved to table this to June 12; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. The consent agenda as amended is A. Minutes - May 8, 1989 B. Liquor License Renewal - Eastern Winds C. Special Event Permit - Aspen Theatre D. 925 E. Durant Condominiumization E. Cipriano-Taylor Condominiumization (Leslie Lamont) F. Centralview Condominiumization G. Marolt Easements H. Temporary Easement - Central Bank I. Placement of Bicycle Racks All in favor, motion carried. RFTA 1988 FINAL SUPPLEMENTAL BUDGET Phyllis Kenny, RFTA, told Council this is a housekeeping item to close out RFTA's 1988 budget. Ms. Kenny said this is necessitated by the fact RFTA received unanticipated revenues and by the need to deobligate some unexpended capital funds. Councilman Tuite said RFTA anticipated buying the new buses and then went with a lease- purchase agreement. Councilman Tuite said the other unanticipated revenues are $200,000 in sales tax. The budget projections were conservative, and this was a good year. Councilman Tuite said there was also $67,000 in unanticipated fare revenues. Ms. Kenny told Council ridership on valley routes was up 26 percent. Councilman Tuite said the Maroon Bells program has also been very successful. 4 Regular Meetinct Aspen City Council May 22, 1989 Councilman Isaac moved to approved RFTA Resolution #5, 1989; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling said there is a work session Wednesday, May 31 at 9 a.m. at RFTA on the Ski Company bus system. Frank Peters said the Garfield County Commissioners are interested in transportation; however, they are not sure how successful they will be in raising tax support. Steve Crockett said he feels Aspen and Pitkin County have to assume a leadership role in transportation and the other counties will get drawn into it by momentum. Crockett said Aspen does not have the luxury to wait for other county's funding and awareness about transportation. ORDINANCE #22, SERIES OF 1989 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Cindy Wilson, finance director, said Council is aware of all these appropriations. Mayor Stirling asked about the legislative G & A insurance pool, Hadid lawsuit. Ms. Wilson said the city has a $10, 000 deductible and has been funding a pool for claims less than $10, 000. Ms. Wilson said this is moving money out of the pool into Council budget to pay for legal expenses related to this lawsuit. Fred Gannett, city attorney's office, said there are 3 lawsuits being represented by Denver counsel, Hall and Evans. Gannett told Council there are motions to consolidate these 3 lawsuits. Councilman Gassman questioned the CCLC paying for a photocopier and laser jet printer. Ms. Wilson said the CCLC is contributing to these for the city clerk's office. Councilman Gassman said CCLC's budget should be going toward the commercial core. Mayor Stirling moved to remove asset replacement fund expenditures and transfer of $1,790 and have the finance director report back June 12; seconded by Councilman Gassman. All in favor, motion carried. Councilman Gassman moved to adopt Ordinance #22, Series of 1989, as amended on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. REQUEST FOR EXEMPTION FROM ADMINISTRATIVE DELAY - Valley Hi Alan Richman, planning director, reminded Council when the administrative delay was adopted on first reading, staff suggested the exemption procedure not be included in the ordinance since the purpose of this delay is to establish the city's legislative intent. Richman said one basis for exemption is does the project 5 Regular Meetinq Aspen City Council May 22, 1989 lie outside the legislative intent. Richman said Council will have to determine if the administrative delay applies to this project. Richman reminded Council they decided that the administrative delay did not apply to any building permit application submitted before May 8. Richman said Council needs to decide if building permits and land use applications are of a similar variety. Richman said Council could choose to find that all building permit and land use applications submitted prior to May 8 would not have the admin- istrative delay apply to them. Richman said that has been one of the criteria Council has used in past administrative delays. Richman said Council can distinguish between the two. Richman said building permit applications are administerial and one would not expect the review process to change after submitting a building permit application. Land use applications are public processes; rules and public policy can change during the process. Richman said Council can also wait until the public hearing on the administrative delay ordinance June 12 when the public will be commenting on the delay itself. Richman said another applicant in the process with an application where demolition could be involved in the Meadows project. Rick Neiley, representing the applicant, said the Valley Hi is unique in that they are the only applicant who relied on Ordinance #47, 1988, in submitting a land use application, which has been set for a P & Z meeting. Neiley said the applicants spent a lot of time going through Ordinance #47 and devised a new plan following the enactment of Ordinance #47 and Ordinance #7, 1989. Neiley said last August when Council -reviewed requests for exemption, the threshold issue was whether a complete application was before the city in reliance on existing regulations. Neiley said at that time, they did not have an application and were denied an exemp- tion. Neiley said they came into the process last August with a plan for 6 units on site. After the enactment of Ordinance #47, they revised the plans to include 8 units, 4 of which would be low income deed restricted one-bedroom units. Neiley said the application is completely consistent with Ordinance #47. Neiley said there is no one else in the process that has relied to the extent of the Valley Hi upon the enactments of the city. Neiley said there is no one else in the process who has submitted a complete application and which specifically addresses the issues raised by ordinance ##47. Neiley said the Valley Hi should not be included in this administrative delay and encouraged Council to determine that the effective date of Ordinance #23, 1989, is May 8 and that any applications complete and properly submitted to the city as of that date be processed. 6 Regular Meeting Aspen Citv Council ___ May 22, 1989 Neiley said there are distinctions between a building permit application and a land use application, neither involves vested rights per se and both involve reliance on enactments of the city. Neiley said the Valley Hi has relied to considerable expense. Neiley said they view what is being proposed for the Valley Hi as what the city required following the enactment of Ordinance #47. Neiley said the applicants do not intend to cut off dialogue regarding alternatives to their proposal. Neiley reminded Council none of the Valley Hi units are currently subject to any sort of deed restrictions, other than those that relate to demolition and redevelopment. Neiley said in this application there will be 4 new units permanently deed restricted to low income housing. Neiley said the Valley Hi is a unique project because of reliance and that they were in the pipeline last August and have submitted a complete application to the city. Neiley requested to be excluded from the application of Ordinance #23 because of the timing of their application and because of their reliance in the process of creating Ordinance #47. Richman said the application is a subdivision application because this is a multi-family structure. Councilman Gassman asked if the Valley Hi could apply for a building permit. Richman said there is demolition involved in anything they would do, which gets preempted by the administrative delay. Richman said this is the only application that has been submitted in response to Ordinance #47. Mayor Stirling said when the administrative delay was proposed, it was with the clear idea of trying to protect as many affordable units that still exist in the community. Mayor Stirling said the administrative delay will determine what alternatives the city will pursue affordable housing. Mayor Stirling said there is a issue of fairness and reliance. The Valley Hi has participated in the process for 9 months and made an application relying on Ordinance #47 and made it before the administrative delay. Mayor Stirling said the applicants have expressed a willingness to discuss other options. Mayor Stirling said the best way to preserve these options would be to declare that this project is not covered by the administrative delay. Frank Peters requested Council table this until the public hearing of Ordinance #23 on June 12th. Peters said the reason this project is caught in the process is because it represents a project that goes right to the heart of the problems the city is facing, the fact that multiple affordable housing is being demolished and replaced by townhouses. Peters said there is room to work with the developer in June. Peters said the question of fairness has to be looked at for the people who are living there too. Peters said it is important to think about the precedent of allowing the argument of a land use application to exclude any project from an administrative delay. Peters said the land use process can be very long and complicated. 7 Regular Meeting Aspen City Council May 22, 1989 Steve Crockett said it is unfortunate but invariably someone will always get caught in the transitional process. Crockett said Council may be undermining their position in the intent of the moratorium, which is to gather more information and get more time for a respite from what is happening in Aspen. Crockett requested this be tabled to June 12. Councilman Isaac said the Valley Hi has been in the process for a long time, and their application has been scheduled for P & Z in June. Councilman Isaac said there is some reliance on the process. Councilman Isaac said in the past Council has exempted projects that were in the process. Councilman Isaac said he does not feel Ord~.nance #23 will be harmed by exempting this project. Councilman Tuite said he does not want to exclude this project and he would rather work with this developer. Councilman Tuite said he is in favor of increasing density and FAR for affordable housing. Neiley said this would be asking the applicants, without any assurance from the city, to sit down and negotiate. Neiley said the applicants are not willing to negotiate with a gun to their head after spending time, effort and money on their applica- tion. Neiley said they have prepared two full applications, both of which were consistent with the regulations that existed when they were prepared only to be told they could not go forward. Councilman Gassman said sometimes if the their guns, they will not change the Councilman Gassman said if the city does treat the demolition of housing now, when Neiley said the focus of Ordinance #47 was in many respects. The applicants would be placed on the action that Council took. city does not stick to way things are done. not change the way they are they going to start. the Valley Hi apartments losing the reliance they Councilman Isaac moved to exclude the Valley Hi apartments from the administrative delay enacted by Ordinance #23, 1989, and Resolution #15. Motion DIES for lack of a second. Mayor Stirling moved to continue into the public hearing on June All in favor, motion carried. this discussion of the Valley Hi 12; seconded by Councilman Tuite. CLEAN AIR CAMPAIGN EFFECTIVENESS Lee Cassin, environmental health department, reminded Council the odd/even program started last year expired April 1 so the staff could evaluate how well it worked and so Council could decide if they want to continue it for another year. Ms. Cassin told Council the Commissioners have decided they would like the metro area included if the city continues with the odd/even program. Ms. Cassin said the primary reason for continuing the program is that 8 Regular Meeting Aspen Cty_ Council May 22, 1989 it gives people something to focus on and it increases awareness. Ms. Cassin said one winter of the program starting in the middle is not enough chance to get people used to the idea. Ms. Cassin said the Clean Air Board would like to change the program to include an alert. Ms. Cassin said this would be no burning when the pollution levels are very high. This would not have occurred last winter. The CAAB is also recommending a one week no-burn week. Councilman Gassman said it is insane to continue spending money on a program which the city can measure has no effect. Councilman Gassman said this is justified by saying the program should have effect. Councilman Gassman said the city doesn't have to tell people they cannot burn their fire places on odd and even days in order 'for them to get the idea there are air problems. Councilman Gassman said he feels if the city tells people there is a problem, they will react. Councilman Gassman said the air has gotten better in the last couple of years since the city started more aggressively cleaning the streets. Councilman Tuite said the city has the federal government with the PM 10 held over the city. The federal government is telling the city the problem is fireplaces. Councilman Tuite said even if the city can prove the federal government is wrong, they want to see the city doing something about the fireplaces. Councilman Tuite said if the city ignores the federal government, they will make the city do what they want. Councilman Tuite said he would prefer having the city have control over the program. Mayor Stirling said he feels the program was inconclusive this winter because the city started late. Mayor Stirling said he is willing to try the program for another year. Mayor Stirling moved to continue pursuing the odd/even program and ask the environmental health department to bring new legislation for the new Council so they can consider it; seconded by Councilman Tuite. Mayor Stirling said the recommendations about the pollution alert and the one week no-burn program should be included in the ordinance. Councilman Tuite said he asked earlier if the city could get an extension due to the poor testing results because of the equipment . Councilman Tuite asked if there has been a response to that. Ms. Cassin said the response is that they agree complete and the city is on their list. Ms. Cassin said their budget starts in July, which is when the city should know. Councilman Tuite asked what good are the tests done this past winter. Ms. Cassin said the city does not know yet. The city did not have any real high pollution days. Mayor Stirling said Michael Gassman has done a lot to focus the city on street cleaning and particulates. Mayor Stirling said the 9 Regular Meeting Aspen City Council May 22, 1989 city does not have a handle on what the percentages of the pollution program are yet. Mayor Stirling said he is prepared to continue to work on both sanding and fireplaces. Councilman Tuite asked if the city has gotten anywhere on establishing a fund to replace dirty burners that people use to heat their house. Ms. Cassin said the CAAB is going to discuss these options at their June meeting. Councilman Tuite said he would like to see money spent on helping to upgrade these dirty burners. All in favor, with the exception of Councilman Gassman. Motion carried. REQUEST TO WAIVE TAP FEE - Hospital Housing Walter Ganz, hospital board, said studies and surveys and would lik presenting this to Council. they are waiting for engineering e to have more information before ALBERT SCHWEITZER MEMORIAL Debra Ayres said a committee consisting of Walter Ganz, King Woodward, Elizabeth Paepcke, Franz Berko and herself have met to discuss what might be appropriate as a memorial. Ms. Ayres said the Institute has a bust of Schweitzer that was done in 1955, and they are willing to donate this bust. Ms. Ayres said the committee is suggesting an appropriate spot for this bust would be the southeast corner of Paepcl~e park. Ms. Ayres told Council Eric Johnson is willing to donate his services to mount the sculpture on a piece of rough marble. Ms. Ayres said some marble has been donated to Anderson Ranch, which they are willing to donate for this memorial. Ms. Ayres said in order to put the concrete in, have a sound system, guarantee transportation, and have a bronze plaque the maximum amount of money needed would be $3,000. The Institute will contribute $2,000 plus the bust to this project. The Institute's money is earmarked to bring in Schweitzer's daughter and other people for the ceremony. Ms. Ayres said the suggested time for the ceremony is Monday, July 3 at 4 p.m. The music festival will provide music. Walter Ganz said this ceremony would be the beginning of the one year celebration of the 40th anniversary of the Institute. Mayor Stirling moved to allocate up to $3,000 out of the contin- gency fund for this memorial; seconded by Councilman Tuite. Councilman Gassman said he feels the proposal is a little out of character with Dr. Schweitzer. Councilman Gassman said these marble pieces will remind people of 2001 rather than Schweitzer dedicating his life to people. Ganz said their thought was to have 10 Reqular_Meetinq Aspen Citv Council Mav 22, 1989 a pedestal with the bust and two small pieces of marble in front and use the trees as a background. Mayor Stirling agreed this needs to be simple and take as little space as possible and to retain the serenity of the area. Mayor Stirling amended his motion to say the site for this be the southeast corner of Paepcke park, and that is be a much scaled presentation; seconded by Councilman Tuite. Jon Busch pointed out a bronze sculpture is dark and with the trees as background, it may be difficult to see. Ganz told Council the committee will look at this design with the comments in mind. Mayor Stirling suggested the committee report back at the June 12th meeting. All in favor, motion carried. PARKING STRUCTURE CERTIFICATE OF PARTICIPATION Cindy Wilson, finance director, said the city is doing a certifi- cate of participation which is different form than bonds but will accomplish the same thing. This will stay within the limits of what the voters approved for the parking structure. Ms. Wilson said there was a problem with the wording of the ballot issue, which is why the city cannot issue bonds. Mayor Stirling asked how it happened that the city has to go this alternative route. Ms. Wilson said the ballot question was worded so that it can only be funded by the one-quarter sales tax. Joe Barrows, Kirchner Moore, said there will be bond insurance on this just like sales tax revenue bonds. The security will be as good and the interest rates will be the same as sales tax revenue bonds. Barrows said normally under the new tax act in investing the bond proceeds during the period that they are not spent until they are needed, even though the city has to borrow the whole amount, the interest earnings over what the city is paying have to be rebated to the federal government. Because there is a close construction period in this•project, there will not be restrictions on the city's earnings. Mayor Stirling asked if there would be an advantage of using a local bank for this. Barrows said the banks in Denver are more equipped to handle these transactions out of their trust operations office in Denver. Barrows told Council there are employees who do nothing but public funds efforts in their trust department. Barrows said these bonds will be rated triple AAA because the city has insurance on these bonds. Barrows said he will also be insuring the debt service reserve fund by getting a letter of credit issued. This will cost less money than having the reserve sit by. 11 Regular Meeting Aspen City Council May 22, 1989 Councilman Isaac asked what would happen if the city were to lease the parking facility to another operator. Barrows said this would depend on to whom it was leased and how the facility was made "generally available to the public". Barrows said because these are tax exempt bonds, the purpose of the structure has to be a public purpose. Barrows said normally this is done through management contracts which cannot last more than 5 years. Bob Irvin, bond counsel, said there are some constraints in order to maintain the tax exemption. Irvin said generally this has to be a set fee contract as opposed to an equity interest in the revenues. Barrows said the Council has two ordinances to adopt on first reading. Barrows said the bonds will be offered for sale between now and second reading. At second reading, Council will have final interest rates and authorization of the bond purchase contract. Councilman Isaac moved to read Ordinance #28, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #28 (Sories of 1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING, APPROVING AND DIRECTING THE CREATION OF THE CITY OF ASPEN PUBLIC FACILITIES AUTHORITY was read by the deputy city clerk Councilman Isaac moved to adopt Ordinance #28, Series of 1989, on first reading; seconded by Councilman Tuite. Irvin said this ordinance approves the creation of the public facilities authority and the articles of incorporation. Barrows said the Council will serve as members of the authority; the city clerk will be the secretary and the finance director will be the treasurer. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Councilman Isaac moved to read Ordinance #29, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. •ORDINANCE #29 (Series of 1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AND APPROVING A GROUND LEASE AGREEMENT, A LEASE PURCHASE AND SUBLEASE AGREEMENT, A 12 Regular Meeting Aspen City Council May 22, 1989 MORTGAGE AND INDENTURE OF TRUST, AND OFFICIAL STATEMENT, A CERTIFICATE PURCHASE AGREEMENT, AND OTHER RELATED DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF CERTAIN CERTIFICATES OF PARTICIPATION IN THE AGGREGATE PRINCIPAL AMOUNT OF $6,500,000 was read by the deputy city clerk Councilman Isaac moved to adopt Ordinance #29, Series of 1989; seconded by Councilman Tuite. Bob Irvin, bond counsel, told Council this ordinance approves all the financing documents and a ground lease to the authority, which will be leased on a yearly basis back to the city. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. CCLC BANNERS ON MAIN STREET Jon Busch, CCLC Chairman, said 1989 is the 100 year anniversary of the Wheeler Opera House and the 40th anniversary of the music festival. Busch said the CCLC felt it was appropriate to parti- cipate financially in these festivities. Busch said there will be brackets, which will be lined to keep them from scraping paint off the street light poles. There will be a plastic lined security cable. The material is heavy canvas, which is not easily cut. Busch told Council one of the CCLC members has offered to buy extra banners and sell them in his store. Busch said these brackets will be the city's and can be used for future events. Busch told Council the CCLC worked with the Wheeler and M.A.A., who came up with their own designs for the banners. Joyce Semple, Wheeler board, presented the color schemes and designs of the banners. Ms. Semple said these banners are 26 by 38. Councilman Isaac said he does not favor putting banners up and down Main street. Busch said the CCLC feels this is a very special occasion and Council can determine what is a historical and significant event to warrant banners. Councilman Tuite moved to approve the banner request; seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac. Motion carried. SIDEWALK CURB & GUTTER PLAN Chuck Roth, engineering department, reminded Council during a recent land use review, the engineering department required a sidewalk on Third street based on a code section 19-98 that has not been enforced. Council requested a report on sidewalk construction and the adopted curb & gutter plan. Roth told Council P & Z 13 Regular Meeting Aspen City Council May 22, 1989 reviewed this report. They are generally opposed to sidewalks in the residential west end north of Main street. P & Z is more in favor of sidewalks to the south of Main street and in the east end of town. Roth said there are requirements for sidewalks to the music tent. Roth told Council when the city was platted, it was with 75 foot rights-of-way in order to have pedestrian areas. Roth said some people have heavily landscaped the property to the curb to make impossible for pedestrians to use. Roth said people have been viewing this right-of-way as theirs to do with what they want. Garages and parking have been allowed in sidewalk area. Roth told Council HPC reviewed this report. They are concerned about preservation of the character in the west end and in the historic district. HPC recommended no sidewalks be installed in historic districts. The HPC is also concerned about irrigation ditches and cottonwood trees. Roth said the engineering department shares the concern about the irrigation ditches. HPC did not comment on sidewalks in the east end of town or south of Main street. Roth said staff commented on how much construction on a structure would require someone to install a sidewalk at the same time. The engineering department suggests 10 percent of the value would be required to construct a sidewalk. Mayor Stirling said Council should also discuss speed limits and enforcement of these in the west end to address the safety issue in these residential areas. Mayor Stirling said he does not feel there should be sidewalks in the west end. Mayor Stirling said some of the RMF zones, like Cemetery Lane, should have a sidewalk at least on one side of the street. Mayor Stirling said the city should concentrate more on trails than on sidewalks. Councilman Gassman said another approach to safety is to get rid of the vehicles, which is much more in tune to Aspen's history. Councilman Gassman agreed the city should emphasize trails. Councilman Gassman said rather than coming up with a sidewalk plan, he would rather put money into how to keep people from driving. Councilman Isaac said he does not want to see sidewalks in the west end. Councilman Isaac said using different materials for sidewalks makes it difficult for wheeled vehicles and can cause some liabi- lity problems. Councilman Isaac said the city has not done a very good job of enforcing property owners to keep their sidewalks up. This should be part of the code. Councilman Gassman said the sidewalk plan should connect with the trails plan. Mayor Stirling suggested a work session after the new Council's goals session. City Manager Bob Anderson pointed out that sidewalks presume the person along the sidewalk pays for it; trails presume that the politic as a whole pays for it. Roth said trails are generally for jogging and riding bicycles; sidewalks are not for riding bicycles. 14 Regular Meeting Aspen City Council May 22, 1989 Roth said trails are generally outside the urban area. Roth asked Council what they want staff to do for sidewalks in current land reviews. Roth said the city has a general agreement for property owners not to protest the formation of a sidewalks district, or at such time the city directs, the property owner will construct a sidewalk. Councilman Tuite said until the city has a comprehensive plan, there should be an agreement that property owners have to join in in the future if the city desires a sidewalk. Anderson said construction along highway 82 and the east end should require a sidewalk. Mayor Stirling said if there are any questions, this can be brought to Council on the consent agenda. ORDINANCE #24, SERIES OF 1989 - Creating RMF/A zone Tom Baker, planning office, told Council this is to address the newly annexed area at Hunter Creek/Centennial. The current county zoning is R-15 except for the Hunter Creek and Centennial, which is AF-2. P & Z worked on the Lone Pine annexation, west of Hunter Creek. Baker told Council Marc Friedberg, who lives west of Red Mountain Road, asked P & Z to create a new zone which would prohibit duplexes in this particular area. P & Z requested staff to create an R-30/A district, identical to the R-30 district but to prohibit duplexes. The Community Center is zoned Public. The Oden area is recommended to be zoned R-15/PUD. Baker said this should be recommended to be zoned R-15A/PUD, which allows duplexes as long as they are 50 percent deed restricted. Baker told Council for the Lone Pine, Hunter Longhouse, Mocklin area, staff and P & Z looked at RMF. They found that the FAR was too intense for this area. Baker said a new zone district was created to deal with the multi-family projects in this area. The difference in the RMF/A zone is minimum lot size, which is 27,000 to protect the city from large parcels being subdivided into smaller pieces. The FAR in this district is a sliding scale which is reduced dramatically. P & Z recommended RMF/A for Hunter Creek and Mountain View properties. Baker said the potential build out for Centennial would be significant in this zone. There is a choice to make them non-conforming. Baker told Council Centennial has a PUD agreement, which allows them 177,000 square feet which is what the current development is. Baker said a PUD overlay was put on the Centennial project to make sure there is review for this project . Baker told Council the Moran parcel was recommended RMF/A by P & Z. Staff's recommendation was R-15/A. There was discussion at P & Z about the changed character of the neighborhood. Staff felt any upzoning to RMF/A should be done in conjunction with a development plan. Baker told Council on the 5 acre Mocklin parcel, there is an 8 unit multi-family structure, which is non-conforming 15 Reaular Meetina__ Aspen City Council May 22f 1989 in the county. Baker said staff's recommendation is to not increase the non-conformities. The Moran parcel is 53,000 square feet. Baker said instead of zoning these RMF/A, it would be best to zone these R-15/A and consider rezoning at time of a development plan. The development potential is not as great in the R-15A zone district. Baker said Ordinance #21 will create the ability to eliminate R-15/A since all duplexes will be 50 percent deed restricted. If this is adopted, there is a recommendation to zone these properties R-15 rather than R-15/A. Baker said the staff's recommendation is to zone the Oden Cowee R-15A/PUD and the Mocklin and Moran parcels R-15A. The ordinances reflect the recommenda- tions of P & Z. Councilman Isaac said he would like to see the Moran and Mocklin parcels remain RMF/A. Councilman Isaac said the city's goal is to create more affordable housing in the city. The Mocklin parcel could support a lot of housing. These two parcels are surrounded by dense housing projects. Councilman Isaac questioned the designation of PUD to the Oden and Friedberg parcels. Baker said this is standard procedure for areas at the toe of slopes or along streets or rivers. The PUD overlay is for an extra review in environmentally sensitive areas. Councilman Gassman said the city would have much better review through a rezoning for the Mocklin and Moran areas. Councilman Gassman said he cannot think of an instance where the city has upzoned property without a concurrent development application. Councilman Gassman said the Moran parcel is a transition between a dense and less dense area. Councilman Tuite said this is a key area to look at for residential housing. Councilman Tuite said he would prefer to see these zoned R-15A and looked at for potential housing sites. Jim Moran said the presumption should be in favor of P & Z's recommendation because that was a public hearing with arguments on both side. Moran said there are two things that govern zoning. One is what does the master plan say for the area. Moran said the 1966 master plan said this is high density and no additional plan has been adopted. The second criteria is what is the character of the neighborhood. Moran said the line across his property is the historic boundary zone between R-15 and R-30. There is no R-15 left in this area. The R-15 was changed by governmental action is approving Hunter Creek and Centennial, and leaving Mountain View as a developable acre at the highest density. Moran said on the basis of the master plan and the characteristic of the neighbor- hood, there is no question that these properties ought to be zoned RMF/A. Moran said the staff recommendation would create two spots of R-15/A in an RMF/A area. Moran said Council is saying they will make these spots now and encourage the properties owners to come in with a development plan that doesn't square with recommended zoning, and then zone it to the development plan. Moran said this is a policy that has not worked well for the city. Moran urged 16 Regular Meeting Aspen City Council May 22, 1989 Council to adopt the ordinance that conforms with the P & Z recommendation. Councilman Tuite moved to read Ordinance #24, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #24 (Series of 1989) AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 5, DIVISION 2 OF THE ASPEN MUNICIPAL CODE TO CREATE A NEW SECTION 5- 207, RESIDENTIAL/MULTI-FAMILY (R/MFA) ZONE DISTRICT was read by the deputy city clerk Councilman Tuite moved to adopt Ordinance #24, Series of 1989, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirl- ing, yes. Motion carried. ORDINANCE #25, SERIES OF 1989 - Creating R-30/A Zone Councilman Tuite moved to read Ordinance #25, Series of 1989; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #25 (Series of 1989) AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 5, DIVISION 2 OF THE ASPEN MUNICIPAL CODE TO CREATE A NEW SECTION 5- 206, LOW DENSITY RESIDENTIAL (R-30A) ZONE DISTRICT was read by the deputy city clerk Councilman Isaac moved to adopt Ordinance #25, Series of 1989, on first reading; seconded by Councilman Tuite. Councilman Gassman questioned why one area of the city should be so different that duplexes would be prohibited. Baker said P & Z responded to a property owner's concern to keep the area single family to reduce density and bulk. Baker said this may be a moot point if Ordinance #21 is adopted. Roll call vote; Councilmembers Gassman, no; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #26, SERIES OF 1989 - Zoning Lower Smuggler Annexation Councilman Isaac moved to read Ordinance #26, Series of 1989, as approved by P & Z; seconded by Councilman Tuite. All in favor, 17 Regular Meetinct Aspen City Council May 22, 1989 with the exception of Councilman Gassman and Mayor Stirling. Motion NOT carried. Councilman Tuite moved to read Ordinance #26, Series of 1989, to be amended per the staff recommendation, attachment 5, amended in the title; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #26 (Series of 1989) AN ORDINANCE ZONING THE CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION AREA GENERALLY LOCATED AT THE BASE OF SMUGGER AND RED MOUNTAINS TO R-30A PUD, R-15A PUD, PUBLIC, R/MFA AND R/MFA PUD AND TO REFLECT ATTACHMENT 5 was read by the deputy city clerk Councilman Gassman moved to adopt Ordinance #26, Series of 1989, on first reading as amended; seconded by Councilman Isaac. Councilman Gassman said Moran made some good arguments why these two areas should be zoned higher density but this should be done in the context of a rezoning application. Councilman Gassman said one point of discussion during all annexation is that the city not change the zoning radically from what it is in the county. Councilman Gassman said annexation should not create development just because of annexation but it should take place in another context. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, no; Mayor Stirling, yes. Motion carried. ORDINANCE #27, SERIES OF 1989 - Ordinance #16 Language Clarifica- tion Councilman Gassman moved to read Ordinance #27, Series of 1989; seconded Councilman Isaac. All in favor, motion carried. ORDINANCE #27 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL REPEALING AND RE- ENACTING SECTION 1 OF .ORDINANCE 16, SERIES OF 1989 was read by the deputy city clerk Councilman Isaac moved to adopt Ordinance #27, Series of 1989, on first reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Mayor Stirl- ing, yes. Motion carried. 18 Regular Meeting Aspen City Council May 22, 1989 FRONT END LOADER PURCHASE City Manager Bob Anderson said the city used a front end loader for the snow melt operation. Anderson said even if Council chooses not to continue the snow melt operation, staff feels there is justi- fication to purchase a front end loader. This will be used in daily operations and will also replace the old loader. Anderson told Council staff is recommending this be paid out of fund balance. Anderson said the interest rate in the lease/purchase is 8 percent. Councilman Isaac moved to approve the purchase of a front end loader with a 3 year lease/purchase. Motion DIES for lack of a second. Councilman Gassman said he would rather consider this at budget time. Anderson said the request is before Council now because the city is due to turn this loader back in at the end of the lease this month. Anderson said he has been persuaded by staff that it would be prudent to take advantage of the lease payments and apply these to the purchase. Anderson said if the city had not spent the lease payments, he would recommend this wait until the budget process. Councilman Tuite said he does not see a loader on the next five years of capital improvement list. Anderson said the city has an opportunity to buy a loader for $18, 000 less than usual cost. Councilman Tuite moved to continue this discussion to the second meeting in June or the first meeting in July after Council has made a decision about the snow melt project; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling moved to suspend the rules and meet until 9:10 p.m. ; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. SAVANAH REQUEST TO SUBSTITUTE LETTER OF CREDIT FOR CASH John Sarpa, representing Hadid Aspen Holdings, reminded Council the applicants originally deposited $1,800,000 with the city. Sarpa said originally they wanted to do this quickly so they deposited cash with the city. It was recognized that any time thereafter the applicants would have the right to substitute this with a letter of credit as long as this met with the city's standards. Sarpa said in the last discussion, the city wanted to be assured if they had need to call upon the funds, they would be available through the letter of credit. Sarpa said there was also a concern about using a local bank. Sarpa said Alpine Bank will be posting an irrevocable letter of credit. Sarpa said the applicants have conferred with staff, and would like Council's approval as long as 19 Regular Meeting Aspen City Council __ Mav 22, 1989 this meets the criteria they have previously laid out. Sarpa pointed out the PUD states the applicants have this right; the city has the right to check this to make sure it meets standards and not to withhold their consent. Sarpa told Council over $1,000,000 is on deposit with the city. City Manager Bob Anderson said the city's counsel opinion on the local bank is that it should be a Colorado bank so that a collec- tion would be easier to deal with. Fred Gannett, city attorney's office, told Council he has discussed this with the city's finan- cial advisor, who has some concerns about the bank. Gannett said the PUD agreement is clear that the applicant have a right to substitute a letter of credit, and the city has the right to check it. Gannett quoted from the PUD, "At anytime and from time to time, owner shall have the right to substitute for the form of financial assurance theretofore give a different form of financial assurance, so long as such substituting form meets the requirement set forth above". Mayor Stirling asked if the agreement implies that Council has the discretion to say no to this request. Gannett quoted, "Any such substitution shall be subject to the prior approval of city Council, which shall promptly consider such request to substitute and shall not unreasonably withhold its approval". Gannett told Council Alpine Bank is an unrated Colorado bank. Gannett told Council Joe Barrows wants to meet with Alpine bank and get a sense of what the letter says and will make a written recommendation to Council. Mayor Stirling moved to direct the city attorney to follow this up and return back June 12 with the recommendation and report on the status of the bank and whether the entire amount should go or some should be held; seconded by Councilman Tuite. Bob Hughes, representing the applicant, told Council they are trying to expedite this request and would like it to be handled like it was last July where Council gave direction to staff to approve the request. Hughes said they do not have a letter of credit yet because they want a reading from Council. Hughes said the customary way of assuring subdivision obligations is to put up a letter of credit, not cash. Hughes said holding cash would be treating this applicant differently from other applicants. Sarpa said they are willing to accept the recommendation of the city's financial advisor. Gannett said Barrows wants to review the assets of the bank against the size of the letter of credit being issued. Councilman Isaac said this application seems much cleaner than the last one. Councilman Isaac said Council ought to give staff the authority to go ahead with this if there is not a problem. Councilman Gassman said he does not feel the final decision should not be an administrative decision. 20 Regular Meeting Aspen City Council May 22, 1989 All in favor, with the exception of Councilman Isaac. Motion carried. GOLDSMITH DEMOLITION Fred Gannett, city attorney's office, told Council this application fell within the circumstances Council outlined for Herb Klein. The staff allowed the demolition permit to go through. Council adjourned at 9:15 p.m. Kathryn S Koch, City Clerk 21