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HomeMy WebLinkAboutminutes.council.19900423Regular Meeting Aspen City Council April 23, 1990 EMPLOYEE BONUS AWARDS . 1 PROCLAMATION - Aspen Elementary School Week 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 3 CONSENT AGENDA 5 ORDINANCE #15, SERIES OF 1990 - Library Rezoning 5 ORDINANCE #19, SERIES OF 1990 - Water Tap Fee Increases 7 ORDINANCE #24, SERIES OF 1990 - Eller Lot Split 8 ORDINANCE #25, SERIES OF 1990 - Marolt Ranch Employee Housing Final PUD 8 RESOLUTION #14, SERIES OF 1990 - Supplemental Budget Housing Authority 9 ORDINANCE #27, SERIES OF 1990 - Youth Center Final SPA 10 HADID CONSTRUCTION SCHEDULE; RESOLUTION #15, 1990 - Offices at Grand Aspen 12 MAROLT HOUSING PROJECT ADDITIONAL FUNDS 12 RFTA RESOLUTION 90-4 - Ski Company Bus Service 13 RECONSIDER WHEELER FILM CONTRACT 14 RESOLUTION #16, SERIES OF 1990 - Underground District #2 15 ENCROACHMENT REQUEST - Oblock 15 ORDINANCE #28, SERIES OF 1990 - Gordon/Callahan Subdivision 16 ORDINANCE #29, SERIES OF 1990 - Cooper Avenue Greystones 17 ORDINANCE #30, SERIES OF 1990 - 729/731 Cemetery Lane Sub- division 18 RESOLUTION #17, SERIES OF 1990 - Acquisition of Real Prop- erty 19 REQUEST FOR FUNDS - Photocopy Machine 19 21 Regular Meeting Aspen City Council April 23, 1990 ASPEN MEADOWS FINANCIAL CONSULTANT 19 22 Regular Meeting Aspen Citv Council April 23. 1990 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Peters, Gassman, Tuite and Pendleton present. EMPLOYEE BONUS AWARDS Mayor Stirling and Council presented first quarter outstanding employee bonus awards. Keren Martin, city manager's office, received a plaque and a check for her ability to handle the logistics of moving the City Manager's office back to city ha;;, the recycling program, and the public calls for information during the election. Jack Reid, streets superintendent, received a plaque and a check for his innovative approach to supervision, working relationships with other departments and improving service levels for the city and responsiveness to citizens. PROCLAMATION - Aspen Elementary School Week Mayor Stirling and Council proclaimed April 30 to May 5 as Aspen Elementary School Week and encouraged the citizens of Aspen to promote this exciting vision and to participate in the events which the staff of the Aspen Elementary School have planned. CITIZEN PARTICIPATION 1. Al Dietsch, representing Hallam Lake, showed Council a picture taken from the new environmental learning center at Hallam Lake. Dietsch told Council they just finished their capital campaign. Dietsch pointed out this 22 acre nature sanctuary is surrounded by houses. Hallam Lake tries to educate people on how to preserve what is left. Dietsch told Council a house above Hallam Lake was recently demolished and they have found that a building permit is to be issued. This building will be in the view plane of the learning center. Dietsch requested as part of A.C.E.S. annexation that the Council put a zone around the banks of the slope down to Hallam lake to prevent this type of thing from happening on Hallam Lake. Dietsch said they are requesting a 15 foot setback from the slope. Dietsch told Council A.C.E.S. has worked this out with two other neighbors, the Wogans and the Merriams, who cooperated in setting back 15 feet, no cutting of trees, no light shining on the lake. Dietsch told Council he has met with the owner of the proposed building and is trying to mediate the impacts of this house. Dietsch said the city is at risk of losing a nature sanctuary in the heart of Aspen. Tom Baker, planning office, told Council he feels a committee with members from ACES could develop an appropriate overlay or zone district to protect ACES. Councilwoman Pendleton agreed this house has taken a large chunk of ground and is out of context with the area. 1 Regular Meeting Aspen City Council April 23, 1990 Mayor Stirling moved to direct the staff to come back to Council as quickly as possible with recommended measures in conjunction with annexation; seconded by Councilwoman Pendleton. Sandy Stuller, city attorney's office, said this should be within the municipal limits or at least a petition for annexation be filed so that Council has some regulatory control over the land. Ms. Stuller reminded Council once there is a proposal before P & Z, they are in a position to establish an administration delay. Councilman Gassman asked if the existing houses will conform with this proposed setback. Dietsch said most of the existing houses would conform, and a precedent has been set in the lot split. Dietsch said they are worried about people buying houses and tearing them down. All in favor, motion carried. 2. Mayor Stirling said the city has an essay contest for earth day. The were two final candidates, Jenelle Petrarch and Joanie Jo Schultz. Mayor Stirling said both finalists won recreation passes. 3. Jerry Bennett requested Council continue this meeting to May 11 to give a group of citizens time to circulate Charter amendment petitions. Bennett said this petition cannot be started until after May 5th. The purpose is to change the election from November to May. Bennett told Council they cannot start the petitions until May 7th because the Charter amendment was voted on in the May 1989 election and it cannot be changed for a year. Bennett said if they do not get enough signatures, Council can cancel the special meeting. Bennett said one reason they are pursuing this Charter amendment is that people elected in November do not take office until May of the following year forever. Si Coleman told Council they will begin collecting signatures on May 7 through Friday, May 11. The petitions will be submitted to the city clerk May 11. The citizens will request Council pass a resolution calling for a special election July 10th. Coleman said the validation can overlap with the passing of the resolution and the election during which time the city clerk can be certifying the petition. Councilman Gassman moved to continue this meeting to May 11 at 4:00 p.m. for the purpose of receiving Charter amendment petitions; seconded by Councilman Peters. All in favor, motion carried. 4. Scott Broom, representing tenants of 608 West Hopkins, told Council the owner has indicated she is going to substantially raise the rents. The owner has been in negotiations with the city to purchase this property. David Myler, city attorney's office, told 2 Reqular Meeting Aspen City Council April 23, 1990 Council he has submitted several proposals to Martha Madsen, none of which have been entirely acceptable. Council urged Myler to keep up the discussions. 5. Cynthia Callahan, Roaring Fork Kennel Club, said they have had a dog show in Aspen at the track at the high school for the past 11 years. Parking at the school is not available. Ms. Callahan told Council they met with Bob Gish and looked at the Rio Grande and the parking structure, which would be very feasible for their event. Ms. Callahan said they generally have 1000 entries. Ms. Callahan requested permission to use the Rio Grande, parking lot and parking garage. Mayor Stirling moved to direct Bill Efting to look into this, determine the scheduling, non-profit use, precedents, etc. and report back as soon as possible; seconded by Councilman Peters. All in favor, motion carried. Council indicated they are inclined to hold this event on the Rio Grande property. 6. Bill Efting told Council he has been working with citizens on the leash laws, dogs and dog litter in city parks. Efting said there are a lot of dogs not on leashes in parks. Aramae Hubbard urged Council to install telephone in Herron, Alta Vista and Ute parks for people who need to call animal control, police or the hospital. Ms. Hubbard suggested there should be more signs in city parks and the leash laws should be more strictly enforced. Efting said he will continue working on this and report back to Council May 14th. 7. Dwight Shellman suggested public officials go and look at city sidewalks. There are a lot of things protruding from the sidewalks which could cause injuries to citizens. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton told Council she has been attending ASAP meetings for the grant writing. This grant is for $5,000 for 5 years to study substance abuse. Councilwoman Pendleton told Council she has been asked to write a letter on behalf of Council stating Council supports ASAP applying for the grant. Councilwoman Pendleton said ASAP also needs people to say how they will support this grant. Councilwoman Pendleton said she plans on saying she will attend meeting, that Council will continue to support program of ASAP, and will enter into a partnership with ASAP to battle drug abuse. 2. Councilman Gassman suggested having a member of the Nordic Council on the highway design committee. Councilman Gassman said 3 Regular Meeting Aspen City Council April 23, 1990 the Nordic Council has donated $5,000 for the parks maintenance building, where they store the piston bulley and $5,000 for summer trail maintenance and an undetermined amount for the trails sign program. Councilman Gassman said this pretty much spends all the money raised by the Nordic Council last year. Councilman Gassman said the cross country tracks this winter were pretty good given the snow. Councilman Gassman said an improvement can be the grooming of the trails in the summer, picking up rocks, cutting brush. The Nordic council is looking at having a work day in the fall to work on all the trails. 3. Councilman Gassman said Council the housing authority has sent out RFPs to hire a planner to work with the authority. This has been coordinated with the planning office. 4. Councilman Gassman said the contract was let for utilities and roads for the affordable housing project near Meadowood. 5. Councilman Peters told Council he has been working on the Marolt steering committee. The housing, authority is finalizing a contract with the building contractor. Councilman Peters said he has been working on value engineering to try and cut the price down on the Marolt Ranch project. The authority is wrestling with serious issues on the design of the project. Councilman Peters said he feels it is important for the Council to help resolve some issues. Councilman Peters moved to add this to the agenda as 8(c)(1); seconded by Councilman Tuite. All in favor, motion carried. 6. Mayor Stirling said there is a Colorado Municipal League work shop for elected officials May 5 in Grand Junction if anyone is interested. 7. Mayor Stirling announced the Western Slope Railroad Associa- tion is having a meeting April 24th at noon. 8. Mayor Stirling said there is a request to add a trolley discussion to the second part of the May 7 work session. 9. Mayor Stirling said there will be a welcoming reception for Carol O' Dowd, the new city manager, Tuesday May 1 at 4 : 3 0 p . m . Al l staff is invited. 10. Mayor Stirling introduced the new city attorney Jed Caswall. Mayor Stirling said there is an automatic 60 day severance in Caswall's contract, which was not discussed. If this is a problem with Council, this should be brought up in the consent calendar. 4 Regular Meeting Aspen City Council __ April 23, 1990 11. Mayor Stirling said there is a pedestrian bicycle committee field trip planned for April 27 to Vail and Boulder. 12. Mayor Stirling said the Board of Adjustment has requested a study session with Council to discuss the code and areas of responsibility. Council scheduled this for June 18th at 5 p.m. 13. Acting City Manager Bill Efting told Council the parks association, historical society and city worked together on Earth Day at the Marolt property and removed truck loads of trash. 14. John Goodwin, police chief, requested Council take VIII(1) off the agenda to coordinate this request for staff with the rest of his requests at a later date. 15. Bob Gish, city engineer, told Council it is not convenient for recyclers to go to the end of the hill by the art park. Gish proposed these bins be relocated in the old impound lot and dress this area up more. Council agreed. Councilman Tuite said some people are being told their trash rates are going to go up because of recycling. Councilman Tuite said he would like to stop these rumors. Councilman Tuite said recycling increases the life of landfills and eliminates costs of purchasing new ones. CONSENT AGENDA Councilman Peters moved to approve the consent calendar; seconded by Councilman Gassman. The consent calendar is A. Marolt House Stove Clean Burning Insert (Lee Cassin) B. Attorney Employment Contract C. Storm Runoff Requirements D. Valley High Settlement Agreement E. Transfer of Funds - Police Department F. Minutes - April 9, 1990 G. Liquor License Renewals - Wheeler Opera House; Aspen Mine Company; Asia, Espana Councilman Peters asked about the storm runoff policy. Chuck Roth, engineering department, told Council the policy is being changed in that previously built duplexes will not have to comply with the storm runoff requirements. All in favor, motion carried. ORDINANCE #15, SERIES OF 1990 - Library Rezoning Mayor Stirling opened the public hearing. Tom Baker, planning office, reminded Council at the last meeting there were concerns about the transportation easement in front of 5 Regular Meeting Aspen Citv Council April 23, 1990 the library. Staff and RFTA met with the applicants. Staff is recommending approval of this ordinance with a condition, "prior to a certificate of sale for the building, the applicant shall grant an easement to RFTA for the benefit of the public beginning at the southwesterly corner of said property of Lot M; thence north 10 feet; thence east approximately 35 feet; thence southerly for 3.8 feet; thence easterly 33.8 feet to the easterly boundary of Lot 0". Chuck Vidal, representing the applicant, told Council the condition is too specific regarding the processes he has to go through. Vidal said he would like the condition to say, "prior to certificate of sale for a condition of rezoning, an easement satisfactory to the library board and RFTA be created" . This would allow the library board and RFTA to work this out with the Commissioners. Dwight Shellman, RFTA Board, suggested the language, "subject to the RFTA and Library Boards to agree on mutually acceptable modifications. Councilman Tuite moved this be the language; seconded by Councilman Gassman. All in favor, motion carried. Vidal said he would also Council to address the employee housing can be satisfied through cash-in-lieu payments. Vidal said if the purchaser has other ways to deal with employee housing, he can come to Council and propose those. Vidal said this way prospective purchasers will know exactly how much the building and mitigation will cost. Baker told Council the library has gotten credit for all their employees they currently have; whoever occupies the building will be required to mitigate all their employees. There is no credit. Baker said the change in use language allows Council discretion for situations like this. Councilman Peters asked how Council will determine whether this should be low or moderate. Baker said typically in GMP, staff looks at the proposal and determine the type of housing that should be in there. There will be no competition for this building. Councilwoman Pendleton said she does not want to approve this request before knowing what will go in the building. Councilman Gassman said he can see an argument for cash-in-lieu if the existing building is used. Mayor Stirling moved to accept cash-in-lieu if the building is not razed and entertain proposals on cash-in-lieu but not determine what they would be tonight, for any reconstruction or expansion, this would meet the code; seconded by Councilman Peters. All in favor, motion carried. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #15, Series of 1990, as amended; seconded by Councilman Peters. 6 Rectular Meeting Aspen Citv Council April_23,_ 1990 Mayor Stirling said he has not wanted to see the library moved; however, this is what they want. Council has accommodated them with a new location. The city does not have any special public use proposed for the existing building. Councilman Peters said his concern is that this does not serve as a precedent for Council's attitude towards maintaining public property and buildings. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Pendle- ton, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #19, SERIES OF 1990 - Water Tap Fee Increases Mayor Stirling opened the public hearing. Mayor Stirling said these are proposed increases in tap fees as well as increasing the monthly charge for fire protection to $1.37 per month. Perry Harvey said the ordinance talks about the credit, the amount actually paid, connection charges, system development charges. Harvey questioned this regarding the Grand Aspen hotel. Harvey said there is not good record keeping for prior owners. Harvey quoted from the ordinance that if no such records are maintained, the credit shall be as calculated by the director of the water department. Harvey said this is way too loose and would like to see some standards put in this. John Musick, city's water counsel, said this is not another level of charges; it is increasing an existing charge the city has had in place for years. Musick said this language is taken out of prior ordinances. Councilman Peters said the director of the water department will use his best efforts to establish what people paid for at the time. Harvey said he feels it is totally discretionary for one person to determine this, and if there are no records there should be some standard or a minimum credit. Councilwoman Pendleton agreed people with older homes are worried that the water department has records and are worried about the discretion to the water department. Musick said the prior Council suggested a 50 percent level be established for what is defined as remodel. Musick said if all specifics were included in the ordinance, a specific might also be excluded. These would have to be brought back to Council and refereed. Musick said he can add some generic standards. Councilman Peters said he feels these are good changes; if people tear down, they get credit for what they originally paid for but not the contemporaneous tap feel value. Mayor Stirling moved to table Ordinance #19, Series of 1990, to May 14 with the clear direction to bring back specific proposals; seconded by Councilman Peters. All in favor, motion carried. 7 Regular Meeting Aspen City Council April 23, 1990 ORDINANCE #24l SERIES OF 1990 - Eller Lot Split Mayor Stirling entered into the record a letter from Louis's Swiss Bakery opposing the lot split. Tom Baker, planning office, told Council staff recommends approval for a lot split of a 15,000 square foot lot in the R-6 zone at the corner of Hopkins and Second streets. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #24, Series of 1990, with the conditions in page 3 of the memorandum; seconded by Councilman Gassman. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #25, SERIES OF 1990 - Marolt Ranch Employee Housing Final PUD Tom Baker, planning office, told Council staff has worked with the applicant who has complied with all conditions except for #8 and #11. Baker suggested the Ordinance be modified so those two conditions be met within 30 days. Baker told Council staff and P & Z disagreed about the commercial aspect of the cafeteria. Staff was concerned that the commercial aspects of the cafeteria could get out of control and would be an inappropriate use in that location for the general public. P & Z responded that the city has control through the leases. Council will negotiate the lease for the cafeteria and can put in the controls they want. Baker said staff is also concerned about deletions in the project. The housing authority and development team have been struggling with these deletions. Richard Shaw, design team, said the design team has put a great deal of effort into this project to establish and maintain a budget for a project of quality. Some areas which are identified as part of the PUD approval have been eliminated from the project. Shaw said the project will have to be amended to incorporate these changes. There is a problem with $500,000 of the housing portion of this project. One of the areas they have worked on is the reduction of the landscape costs; some plant materials have been taken out and substituted with seed, which is cheaper. Shaw said another change is to maintain lighting of the project only on the site. Shaw said cutting any more of the items, other than those identified, will have quality implications and implications for long term management of the project. Baker told Council the water department is requesting Council consider a commitment to run an alternate feed for the water line. 8 Regular Meeting Aspen City Council April 23, 1990 Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #25, Series of 1990, including the provision that items 8 and 11 will have a 30 day time frame for completion; seconded by Councilman Gassman. Councilman Gassman said he is not against a cafeteria/restaurant use on the property. It could be a nice amenity for cross country skiing. Councilwoman Pendleton said she is concerned about the lack of parking at this project. Most of the people who come to work in this town have cars. Mayor Stirling said Council has been trying to de-emphasize cars and parking at the public projects. Baker said this is an experiment and if it fails, this will have to be addressed. Councilman Peters said eliminating parking on the site is appropriate; however, it is only half of what is required. The housing authority should develop some policy on this. Jim Adamski, housing director, told Council they are working with the restaurant and lodging association on pre-screening people and telling them not to bring cars. Councilman Tuite said he would like to find the money to provide the bike path and the lighting for this project. The lighting is $6000 and the bike path is $3800. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #14, SERIES OF 1990 - Supplemental Budget Housing Authority Councilman Gassman said this process sets up a budget for each project. Councilman Gassman said this is an improvement for the housing authority. Councilman Gassman moved to approve Resolution ## 14 , Series of 1990 ; seconded by Councilman Tuite. Cindy Wilson, finance director, pointed out this resolution straightens out the 1989 budget for the audit. Ms. Wilson said the 1989 budget does include the management fee that will be paid to the housing authority. Ms. Wilson said this also pays a develop- ment fee to the housing authority from the bond proceeds. The housing authority is requesting to purchase a truck and snow plow from the bond proceeds to be used at Truscott Place and Marolt Ranch. Ms. Wilson said it is allowable from a legal standpoint to purchase this equipment from the bonds. Mayor Stirling asked if staff has compared subbing out the snow plowing versus purchasing equipment. Jim Adamski, housing director, told Council it is less expensive to do it in house. Councilman Gassman asked if the 9 Regular Meeting Asnen Citv Council April 23. 1990 housing office has looked at having the street department doing the snow plowing. Acting City Manager Bill Efting told Council the negative to this is that snow plowing done by the streets depart- ment is done on a priority basis. Council asked staff to follow this up. All in favor, motion carried. ORDINANCE #27, SERIES OF 1990 - Youth Center Final SPA Councilman Gassman moved to read Ordinance #27, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #27 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MAP AMENDMENT AND FINAL SPA PLAN APPROVAL FOR THE YOUTH CENTER, RIO GRANDE PARCEL was read by the city clerk Tom Baker, planning office, told Council this rezoning is to extend the SPA overlay. The entire property is zoned public. Skip Behrhorst told Council the applicants can commit to an actual square footage of 6500 and the FAR would be 5500 square feet. Behrhorst said he feels the location of the trash service could be established through an agreement with staff. Behrhorst said in 4(c) the snow melt area is in the entrances of the building, not the stairs which are already snow melted or the bike path between the youth center and the jail. Behrhorst pointed out in #9 P & Z was concerned about the building being too close to the alignment of the bike path and the jail. P & Z asked the applicant to study changing the configuration of the building on the southeast corner. Behrhorst said this can be done by eliminating the public bathroom and loping off a corner of the building. P & Z liked that plan; however, the public bathrooms are not now part of their plan. Acting City Manager Bill Efting pointed out there are public bathrooms in the parking garage. Baker told Council he would like to see an east elevation before second reading. Baker said the concern about snow melting is that the pedestrian walkways are taken care of. Gary Ross, architect, pointed out there are 3 entries to the youth center; these entries will be snow melted. Ross said the bike paths will not be snow melted. Baker said the trash issue should be solved by second reading. Council- man Gassman asked if there is a consideration about removing snow with electricity or gas; people used to shovel snow. Baker agreed in the GMP there are areas of scoring for snow melting and also for energy conservation, which seems contradictory. 10 Regular Meeting Aspen City Council April 23, 1990 Harry Teague said this has been reviewed by the public building committee. Teague said the art park group is discouraged that this visual connection between the art park and town is being filled up with buildings. Teague said the trolley will have to go on this location. The town is trying to create and encourage pedestrian traffic through the Rio Grande. The city is trying to pack a huge amount of things on the Rio Grande property. Councilman Peters said he will not vote for this on second reading until the planning staff, youth center board and Council meet to discuss locating this on the library property. This could preserve a public property and give the youth center a more public location. Councilwoman Pendleton said this is a kids place and she does not favor a place the kids do not want to be. Councilman Peters said the planners have concerns about the location of the youth center which have not been articulated. Councilman Gassman said this suggestion is worth looking into. Council expressed a lot of misgivings about losing the library building as a public site. Councilman Gassman said it is efficient to re-use existing build- ings. Councilman Gassman agreed there is no reason to do this unless the kids will use it. Councilman Tuite said he will be willing to work on a committee to investigate this between now and second reading. Behrhorst said there have been numerous meetings on this project. The site is ideal. The existing library is not designed for a youth center; it does not have the parking area. Behrhorst said the reason youth centers have failed in the past is that they have been poorly designed and have not have the ownership of the kids through the process. David said there have been several surveys of the kids about the youth center and the location of it. David told Council they have raised $850,000 towards building the youth center. David said they have worked on this for 2-1/2 years. Councilman Gassman said using the current library may be a stupid idea, but Council has a responsibility to investigate it before it is rejected. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. Councilman Peters moved to direct Councilmembers Tuite, Gassman and Peters to solicit cooperation from as many of the entities involved in the youth center, youth center board, library board, to get together with the planning office and research the possibility of developing the library site as an alternative youth center site; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Pendleton. Motion carried. 11 Regular Meeting Aspen City Council April 23, 1990 HADID CONSTRUCTION SCHEDULE; RESOLUTION #15, 1990 - Offices at Grand Aspen Tom Baker, planning office, pointed out the Resolution #15 grants temporary use at the Grand Aspen hotel for construction offices. Councilwoman Pendleton moved to approve Resolution #15, Series of 1990; seconded by Councilman Peters. Perry Harvey, representing the applicant, told Council the ap- plicant may want to use a few hotel rooms to put the subcontrac- tors in in order to minimize the use of trailers. Harvey said in the resolution it states no hotel room shall be converted to office use. Harvey said he would like the resolution amended to say hotel rooms cannot be converted to office use unless directly related to the Aspen Mountain Lodge project. This would give flexibility to the project. Baker said staff's concern is that the lodging would be compromised creating pressure on other parts of the community. Mayor Stirling suggested not more than X hotel rooms converted to office use so long as they are directly related to the project. Councilwoman Pendleton moved to amend #4 to say no more than 10 rooms; seconded by Councilman Peters. All in favor, motion carried. All in favor, motion carried. The Hadid construction schedule will be tabled to May 14th. MAROLT HOUSING PROJECT ADDITIONAL FUNDS Councilman Peters told Council the housing authority has been attempting to finalize the contract with the general contractor and has been attempting to cut $500, 000 from the project. When all the bids came in, this was $530,000 over budget. Councilman Peters said at this point he feels that if further cuts are made in the project it will be detrimental to the project. Councilman Peters said the value engineering has looked at nearly $200,000 worth of cost savings. Councilman Peters said he is comfortable with most of these savings. Some of these savings can be added into the project at a later date. Councilman Peters said the concern with taking value engineering any further is that it will cause delays in letting final contracts. The principle concern is allowing the contractor the discretion to attribute a value to savings. Councilman Peters said the city is not getting 100 percent return for things that are being cut out. Councilman Peters told Council the contractor has agreed to reduce his fee by $27, 000. The housing authority has some money left over 12 Regular Meeting Aspen City Council April 23, 1990 from Truscott place and is willing to transfer $50,000 to the development of the Marolt Ranch. There is also the contingency fund of $214,000 for unanticipated costs in the project. Council- man Peters told Council the housing authority has agreed to reduce that contingency by $100,000 and use that the help close the gap. This leaves the project $169,000 short of the budgeted amount. Councilman Peters pointed out the city has $350,000 cash-in-lieu in the project that will stay with the project. Council also loaned $248,000 to the project to take it through development to be repaid after the bonds are issued. Councilman Peters suggested Council be repaid the difference between $169,000 and $248,000 to help close this gap. Councilman Peters said if there is any surplus after this project, this fund should be repaid. Councilman Peters said the housing authority has worked backwards from affordability, which is why the city is not willing to raise rents and to raise the amount of the bonds. Councilman Tuite said he would support this if the paving and lighting is put back in. The city would have to contribute $180,000. Councilman Gassman said the committee has worked very hard on this, and he is willing to accept the recommendation. Councilman Gassman moved to accept the committee's recommendation of $169,000 excluding the lighting and paving; seconded by Council- man Peters. Councilman Peters said he would like to add a condition to this money that within 2 weeks the housing authority and design team firm up by way of cost savings and documents all of the value engineering amounts. Councilman Gassman amended his motion to add this condition; seconded by Councilman Peters. Councilmembers Gassman and Peters in favor; Councilmembers Pendleton, Tuite and Mayor Stirling opposed. Motion NOT carried. Councilwoman Pendleton moved the same motion and increase the price to $179,000 to include lighting and trails; seconded by Councilman Tuite. All in favor, motion carried. RFTA RESOLUTION 90-4 - Ski Company Bus Service Councilman Tuite said this resolution went before the BOCC who will take action tomorrow. It has been sent to the Town of Snowmass Village. This resolution will probably be adopted by RFTA at their next meeting. Councilman Tuite said the RFTA board has agreed to all these points. Councilman Tuite said the resolution states RFTA does not feel charging skiers to go from Aspen to Buttermilk and Snowmass is in the best interests of this community. Councilman Tuite said this might encourage more rentals cars coming into the valley. Councilman Tuite said if the Ski Company wants to charge, RFTA will not have a contract with them and will pursue legislation 13 Reaular Meeting Aspen Citv Council April 23. 1990 for a sales tax on lift tickets to pay for this transportation service. Councilwoman Pendleton asked why the Ski Company wants to charge. Councilman Tuite said they contribute $500,000 to the transporta- tion system. Dwight Shellman, RFTA board, pointed out someone has to come up with the capital to buy 25 more buses, which the Ski Company will have to pay a substantial portion of. Mayor Stirling said during the daytime RFTA is charging for riders between Snowmass and Aspen. Mayor Stirling asked if RFTA would consider making all fares during skier shuttle times free and then charge in the evening. Shellman said RFTA can consider this. Doug Carlson, Ski Company, said they would like to focus their transportation efforts on the mountains. They would like to explore alternatives for the bus transportation. Councilman Tuite moved to approve RFTA resolution 90-4; seconded by Councilman Peters. Mayor Stirling said after the kind of winter, it would be a negative signal to start charging to move skiers among the 3 resorts. Not charging for transportation sends a signal inviting the broadest range of skiers and is an auto disincentive. All in favor, motion carried. RECONSIDER WHEELER FILM CONTRACT Mayor Stirling said he feels paragraph 1 is too open to potential abuse in the sentence, "The Board shall have final approval over type of films shown". Mayor Stirling said he would like to see this reworded. Jane Erb, Wheeler Board, told Council the Wheeler is hiring the Film Society and should have approval of what happens. Ms. Erb said the Wheeler does not want to be perceived as in competition with the commercial theatres in town. This clause is a way for the Board to say a film might be too commercial or might have been in town too long. Mayor Stirling suggested the language say, "The Board will not approve any commercial films to be part of the Film Society's program in the Wheeler". Councilman Gassman said the Wheeler is contracting with the Film Society to run a film program and they should be left to run the film program. Councilman Peters said he objects to the language because it indicates there is not a degree of trust to let the Film Society to put together a program that is artistically sound. Bill Shorr, Wheeler Board, said Council's definition of commercial may be different than the Board's or the Film Society's. Mayor Stirling moved to change the last sentence of paragraph 1 to read, "The Board shall have final approval over the ticket prices 14 Regular Meeting Aspen City Council April 23, 1990 charges", eliminating "over type of film shown"; seconded by Councilman Peters. Mayor Stirling requested the city attorney's office review this contract. Ms. Erb told Council #14 indicates this agreement be operable for one year; however, their intention is this contract only run until the end of 1990 in order for all parties to see if this is a workable program. Mayor Stirling amended his motion that the agreement shall be operable until the end of 1990; seconded by Councilman Peters. All in favor, motion carried. Councilman Tuite moved to suspend the rules and extend the meeting for 30 more minutes; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Peters and Gassman. Motion carried. RESOLUTION #16, SERIES OF 1990 - Underground District #2 Councilwoman Pendleton moved to approve Resolution #16, Series of 1990; seconded by Councilman Peters. Chuck Roth, engineering department, told Council this is Cemetery Lane, Ute Avenue and the base of the mountain. This is not all of Holy Cross facilities in the city. All in favor, motion carried. ENCROACHMENT REQUEST - Oblock Chuck Roth, engineering department, told Council this request for an underground parking garage encroachment in a public right-of- way is a precedent. Roth said Council may want to consider some trade or compensation for this use. Roth suggested additional parking available for visitors. Mayor Stirling said the Council usually approves encroachment agreements with the right to cancel the encroachments. Mayor Stirling said the applicant would be con- structing their project based on Council's approval. Councilman Gassman agreed there is a value associated with this approval. Sunny Vann, representing the applicant, told Council there are 27 parking spaces required by the project. The 4 accessory dwelling units do not require parking space; however, the applicant provided 4 additional spaces for the ADUs plus one extra space. Vann said it is the ability to encroach between the two sides of the parking garage underneath the alley that enables the applicant to provide the additional parking. Vann said there are benefits to the city as well to the applicant. This would eliminate congestion in the alley and would provide a better parking design, eliminate parking partially above grade and as well as give the ability to maintain and improve the alley. Vann said in excavating it is just as easy to excavate the entire area and accommodate utilities rather than dig two spaces with a narrow tunnel. Vann said the increased encroachment will allow additional subgrade parking, which will 15 Reaular Meeting Aspen Citv Council April 23, 1990 eliminate impacts on the street parking, as well as provide additional storage areas for the units. Vann said the request to provide additional parking is something the applicants can live with, although the original request stands on its own merit. Mayor Stirling moved to direct the city manager to work with the applicant to have some discussions on the appropriate additional benefit for the city by virtue of granting an encroachment 1 icense ; seconded by Councilman Peters. Councilman Tuite said he is not interested in drawing an exaction. Councilman Tuite said he would like to see the extra parking spaces for the ADUs. Councilman Peters agreed he was persuaded to allow the pass through under the alley because it allowed additional spaces for these ADUs. Mayor Stirling withdrew his motion. Councilman Peters said the proposal is to allow enough space under the alley to construct the two garages without having to come back up. This will provide 4 additional parking spaces dedicated to the 4 ADUs . Mayor Stirling moved to have Chuck Roth continue to explore what might be done with the rest of the area outside of what Council is agreeing to; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Pendleton moved to approve the encroachment license; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #28, SERIES OF 1990 - Gordon/Callahan Subdivision Mayor Stirling moved to read Ordinance #28, Series of 1990; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #28 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FINAL PUD/SUBDIVISION, LOT LINE ADJUSTMENT AND VESTED RIGHTS OF LOT 9 OF THE CALLAHAN SUBDIVISION AND LOTS 2A, 2B AND 2C GORDON SUBDIVISION, ASPEN, COLORADO was read by the city clerk Councilman Tuite moved to adopt Ordinance #28, Series of 1990 on first reading. Motion DIES for lack of a second. Mayor Stirling said one fundamental issue is where the trail goes. What P & Z has approved is different than what the applicant would 16 Regular Meeting Aspen City Council April 23, 1990 like. John Elmore, applicant, reminded Council they have been working on this three lot subdivision for the last year. There were a lot of issues on this property along the river, and the only issue not resolved is the trail through the property. P & Z has recommended a trail through the center of the property. Elmore pointed out this alignment is not on the master plan for the city. It also does not serve any purposes that are not served by existing trails. Elmore said the applicant will pay the cost of the bridge on a trail alignment which is already in the process. Tom Baker, planning office, told Council a trail corridor is provided in the trail master plan. The applicant has the ability to put the trail on his property to give the linkage anyway he wants. Baker showed the specific corridor the master plans iden- tifies on the property. Baker noted if the city does not get this easement now, they will never get it. Baker said in the east side of town the attempt is to build enough trails to allow people to get to town without using highway 82. Stan Mathis said the point of trails is to benefit the public and it is instinct to travel in a straight line the shortest distance. Mathis said the recommended trail alignment does not serve a public purpose. Baker said the offer the applicant has made is generous; however, staff is supporting P & Z's recommendation for a trail through the center of the property. Mayor Stirling moved to adopt Ordinance #28, Series of 1990, on first reading. Motion DIES for lack of a second. Councilman Peters said his questions are the trail easement, the fisherman's easement, sufficiency for the access easement and the building envelopes. Elmore told Council he has agreed to the fisherman' s easement, the access has been worked out and agreed to . Councilman Gassman said he would be willing to take this to a public hearing. Councilman Gassman said he does not like either of the trails. Councilwoman Pendleton said she is concerned about the trail, the parking for the ADU, and the increase in the building envelope. Council suggested a work session May 16 at 5 p.m. to discuss this subdivision. Mayor Stirling moved to suspend the rules and continue to 10 p.m.; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilmembers Gassman and Peters. ORDINANCE #29, SERIES OF 1990 - Cooper Avenue Greystones Councilman Tuite moved to read Ordinance #29, Series of 1990; seconded by Mayor Stirling. All in favor, motion carried. 17 Regular Meeting Aspen City Council April 23, 1990 ORDINANCE #29 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUB- DIVISION EXEMPTION FOR THE CONDOMINIUMIZATION FOR THE COOPER AVENUE GREYSTONE CONDOMINIUMS, 810-816 COOPER AVENUE was read by the city clerk Councilman Gassman moved to adopt Ordinance #29, Series of 1990, on first reading; seconded by Councilman Peters. Councilman Peters pointed out that the housing authority guidelines and short term rental guidelines are mixed together in the ordi- nance. Mayor Stirling asked if Council would consider not having 6 month rental restrictions on this property. Councilmembers Gassman, Peters and Tuite said no. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. Buzz Dopkin said there is some confusion about the third employee unit, which he was required to put in. Dopkin said all provisions should reflect the third unit. Mayor Stirling said the economic capability for the deed restricted unit is not the same as the free market units. Council requested this be worked out by the public hearing. Dopkin said there is a request from engineering for an easement on both phases of the property. Dopkin said this is asking too much. Dopkin said he cannot get an easement from the half that was already sold. Dopkin said it is unreasonable to ask for two easements on one lot. Council requested a follow up on this at the public hearing. ORDINANCE #30, SERIES OF 1990 - 729/731 Cemetery Lane Subdivision Councilman Gassman moved to read Ordinance #30, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #30 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUB- DIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF 729/731 CEMETERY LANE was read by the city clerk Councilman Tuite moved to adopt Ordinance #30, Series of 1990, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. 18 Regular Meeting Aspen City Council April 23, 1990 RESOLUTION #17, SERIES OF 1990 - Acquisition of Real Property Dave Myler, city attorney's office, told Council this resolution formalizes the assignment of the Hopkins avenue contract to the housing authority. Myler said the housing authority has approved the form of the assignment agreement. Myler told Council funding for these acquisitions is being arranged through the city's financial advisor. The funding will be through a short term tax anticipation note which will be repaid from the disposition of the property after completion of construction and from the new transfer tax and sales tax revenues. Councilman Peters said there should be some provision for the city to reacquire the sites for a long term asset of the city and a land bank. Myler said there is a Charter provision against selling property without an election. The city should allow the title to be in the housing authority's name in order to give the most flexibility to the city in the event there is the desire for the city to reacquire the property in the future. Councilman Peters moved to direct the city attorney's office to amend the assignment contract to provide for reacquisition of the East and West Hopkins sites for a nominal fee should the city so desire to lease the properties rather than sell them; seconded by Councilman Gassman. All in favor, motion carried. Councilman Gassman moved to approve Resolution #17, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. Mayor Stirling moved to continue the meeting to May 1 at 5:30 p.m. on affordable housing; seconded by Councilman Tuite. All in favor, motion carried. REQUEST FOR FUNDS - Photocopy Machine Councilman Tuite moved to approve the purchase of the Kodak 225S out of the asset replacement fund; seconded by Councilman Gassman. All in favor, motion carried. ASPEN MEADOWS FINANCIAL CONSULTANT Bill Kane said there has been a sub-committee consisting of each of the non-profits, a Hadid representative and Councilman Gassman. The committee sent out 7 request for proposals, which yielded 3 good proposals. The scope of the work is to take the draft plan completed last February and subject it to financial scrutiny and evaluate the potential economic yield of the plan. Kane told Council the budget is $30,000. Kane said a series of meetings with Council and the consortium is planned so that as economic data is gathered it will be reviewed. Councilwoman Pendleton said the report from the recommended consultant states he is not sure there 19 Regular Meeting Aspen City .Council April 23, 1990 is a resolution to this and the project may exceed the 90 day limit. Councilwoman Pendleton said she is concerned there may be more funding required and the length of time of this process. Kane said the economic analysis is guaranteed within the budget and will be presented within 60 days of start of work. This is about 90 percent of the process. The Council will get a careful review of the operating economics of a 120 room lodge, the evaluation of Hadid's land basis at the Meadows, and evaluation of the economic yield of the city's plan. This will give Council a very clear basis to proceed with their plan or make necessary amendments. Councilman Gassman moved to direct staff to (a) negotiate a contract with Browne, Bortz and Coddington, Inc., for the Aspen Meadows financial analysis; (b) to add an additional $10,000 previously allocated to the Meadows planning process to budget it and (c) to appropriate $30,000 from the land fund if possible; seconded by Councilman Peters. All in favor, motion carried. Council continued the meeting to May 1 at 5:30 p.m. and continued against to May 11 at 4 p.m. Kathryn Koch, City Clerk 20