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HomeMy WebLinkAboutminutes.council.19900514Regular Meeting Aspen City Council May 14, 1990 OUTSTANDING EMPLOYEE BONUS AWARDS . 1 PROCLAMATION - National Historic Preservation Week 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR . 5 LIQUOR LICENSE AUTHORITY BUSINESS 6 ORDINANCE #27, SERIES OF 1990 - Youth Center Final SPA 6 ORDINANCE #19, 1990 - Water Tap Fee Increases 8 ORDINANCE #26, SERIES OF 1990 - Ute Trail Townhouses Sub- division 9 ORDINANCE #28, SERIES OF 1990 - Cooper Avenue Greystone 12 ORDINANCE #30, SERIES OF 1990 - Ironwood (729/731 Cemetery Lane) 12 ORDINANCE #31, SERIES OF 1990 - Affordable Housing Promissory Notes . 12 MAA/IDCA REQUEST TO CLOSE STREE TS 12 REQUEST FOR FUNDS - IDCA 13 PARKING GARAGE TENANT FINISH 14 PARKING GARAGE OPERATION 16 ORDINANCE #32, SERIES OF 1990 - DePagter Annexation 17 ORDINANCE #33, SERIES OF 1990 - Merriam Lot Split 17 ORDINANCE #34, SERIES OF 1990 - Ambridge Final PUD 18 ORDINANCE #35, SERIES OF 1990 - Volk Vested Rights 18 PUD AMENDMENTS - Clarendon 19 ORDINANCE #36, SERIES OF 1990 - Historic Designation 200 S. Monarch 2 0 25 Regular Meeting Aspen City Council May 14, 1990 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Gassman, Peters, Tuite, and Pendleton present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Stirling and Council awarded to Jan Carney and Kathy Strickland, city clerk's office, a check and plaque for exceeding the normal job requirements in carrying out two special municipal elections in 4 weeks. PROCLAMATION - National Historic Preservation Week Mayor Stirling and Council proclaimed May 13 - 19 National Historic Preservation Week and encouraged the support and participation of all citizens. CITIZEN PARTICIPATION 1. Kathy Chandler invited Council and the public to the ground- breaking for the new 1 ibrary Tuesday May 2 2 at 9 a . m . Ms . Chandler thanked Council for all their help in the library project. 2. Hans Gramiger pointed out there is a subdivision in the county up for approval called Little Cloud. Gramiger said the city owns a mining claim and park called Little Cloud. Gramiger asked that Council object to this. Council agreed and asked staff to represent them at the county P & Z. 3. Rachel Richards invited Council and the public to the Aspen art park annual work day which will be Saturday May 26 from 10 a.m. to 4 p.m. The Aspen art park has done a lot of work in reclaiming and restoring the snow melt site. 4. James Horowitz told Council he is working with the M.A.A. to develop the first annual Aspen jazz festival scheduled for June 21- 23, 1991. Horowitz told Council he is seeking sponsors for this event. Horowitz said successful festivals are built on strong community participation, local institutions, strong artists, and marketing appeal. Horowitz said he has been talking to local institutes like IDCA, wine classic, ARA, lodges, about their participation. Horowitz said he will keep the city informed. 5. Phoebe Ryerson said the city should also encourage preserva- tion of things like mining and marble, both of which are important in the history of Aspen. 6. Marty Pickett told Council her clients, the Proctors, own property next to Garrish park. This property has become landlocked over the year. Ms. Pickett suggested a fishermans easement or a 1 Regular Meeting Ashen City Council May 14, 1990 lot line adjustment with the city. Ms. Pickett presented a map showing where they would like a lot line adjustment. Mayor Stirling moved to direct the city manager to follow up with the city attorney to determine a recommendation to Council; seconded by Councilwoman Pendleton. Stan Mathis pointed out this will be a 2 for 1 land trade with the city getting twice as much land. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Tuite reported RFTA has begun negotiations with the Ski Company. So far they have been positive and cordial. Councilman Tuite told Council RFTA is looking for a long term solution. 2. Councilman Tuite said the engineering department has gotten permission from the state highway department to paint crosswalks at the Airport Business Center and at Truscott place. The city will be doing this work in cooperation with the highway department. 3. Councilman Tuite asked the status of Patsy Newbury park. Bill Efting, acting assistant city manager, told Council the Eagle's will be making a proposal soon. This is still in the work. 4. Councilwoman Pendleton said during 1989-90, the District Court ordered money seized in a cocaine investigation given to the police department. The money must be used for law enforcement purposes but not spent on normal police operations. The police department would like $2,000 of that money as part of the OSAP grant prepara- tion and application. Councilwoman Pendleton said she feels it is sweet irony to spend drug money to pay for an application to address drug abuse. Carol O'Dowd, city manager, told Council this seems like an appropriate expenditure for this money. Councilman Peters asked if a contribution can be made to another non-profit program. Mayor Stirling moved to direct the city manager to visit with the chief and to decide what other options there might be and if this is necessary for them to get over, report back to Council ; seconded by Councilman Tuite. Councilwoman Pendleton said she supports this grant. It will go a long way toward getting Aspen back to being a community. Councilwoman Pendleton said the pluses outweigh the minuses. Cindy Wilson, finance director, told Council there are some restrictions placed on this money by the federal government. 2 Regular Meeting Aspen City Council May 14, 1990 Mayor Stirling amended his motion that if this is appropriate for the $2,000 that the city goes ahead and does it; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. 5. Mayor Stirling said he would like some work done on the Council goals like take out 10 percent vacancy in affordable housing and 25 percent reduction in automobiles going over the Castle Creek bridge. Mayor Stirling said he feels the goals should be more generic and the implementation plan more specific. 6. Mayor Stirling moved to have the next regular Council meeting Tuesday, May 29, 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. 7. Mayor Stirling said there is a letter from the county suggesting the city split the cost of an appraisal on the Hyman property. Mayor Stirling said he is very enthusiastic about the parcel but wants to wait and see what happens with the super-fund. Mayor Stirling said the city has not made any commitments. The county is moving forward on this. 8. Mayor Stirling announced the Colorado Highway Commission is having a lunch in Aspen Saturday May 19 and all Council is invited. 9. Mayor Stirling told Council he has talked to Harley Baldwin and affirmed Councilman Peters's observation at the May 7th meeting. Mayor Stirling said he got some alternative ideas and would like Councilman Peters to follow these up. 10. Councilman Peters said the county has an appraisal for the Rio Grande right-of-way. Councilman Peters asked if there is an interest on Council's part to get together with a delegation from the County and the managers to discuss whether it is appropriate to pursue the acquisition of the right-of-way and perhaps form an non-profit entity to take this right-of-way. Councilman Peters said the train program is stalled. Owning the right-of-way may give some impetus to the effort to re-establish rail service into Aspen. Councilman Peters said he would be willing to serve on a committee to find out if the right-of-way is for sale and how much it would cost. Councilman Peters said he feels it is time for elected officials to take a leadership role in this transportation issue. Councilman Tuite said he would be interested in working with Councilman Peters and Carol O' Dowd, city manager, to meet with the county. 11. Councilman Peters said in the Little Cloud subdivision in front of the county P & Z, there is a lot which is platted right in the Midland right-of-way. Councilman Peters said he feels the 3 Regular Meeting Aspen City Council May 14, 1990 city should be represented at the county P & Z meeting and object to the lot on the right-of-way. Council agreed and directed the city manager to arrange for this. 12. Councilman Peters said the Rio Grande right-of-way through Pitkin Reserve has been an unknown legal matter. Councilman Peters said there has not been research done whether there is substantial possibility that this right-of-way can be tied up for years. Councilman Peters pointed out that the original Rio Grande right- of-way was the preferred choice for the railroad. Councilman Peters said he would be interested in having the city attorney or special counsel investigate and do a comprehensive analysis of the city and county's legal position on the right-of-way. Council suggested this be included when Councilmembers Tuite and Peters go talk to the county. 13. Councilman Peters said he would like to take off the consent agenda 6(d) the 1010 Ute Lease Agreement. Councilman Peters said the agreement contains some provisions which were a surprise to him. In the agreement the city is stipulating to being partially at fault for this situation. The agreement puts the burden on the city to complete all improvements in 2 years and the final say in design is handled by the homeowners association. Councilman Peters moved to withdraw item 6(d) from the consent calendar pending review by the city attorney; seconded by Council- man Gassman. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Skip Behrhorst said he would like to know what the concerns are before he spends more time and money on this agreement. Councilman Gassman said he is concerned that this gives approval for location and design of the trail to the homeowners association. Councilman Peters agreed it is important the city retain control over the final design. 14. Councilman Peters said Council discussed with the housing authority whether it is useful to pursue fanniemae financing and removing deed restriction units on for-sale affordable housing units. Councilman Peters said he has not gotten a clear statement of the problem with examples from the housing authority. Council- man Peters said it does not appear the housing authority has pursued other alternatives, including local bankers. Councilman Peters moved to direct the city manager to set up a work session with the housing authority and representatives of local banks to discuss alternative methods of financing; seconded by Councilman Gassman. 4 Regular Meeting Aspen City Council May 14, 1990 Councilman Tuite said the city's intervention in this is getting the city a better situation and understanding than the county's. Councilman Tuite said he does not want the city and county housing split. Rachel Richards, housing authority, told Council they have been working on a more substantial package outlining the problem with better documented case history. All in favor, motion carried. 15. Carol O'Dowd, city manager, requested Council add Resolution #20 approving the mall leases to the consent calendar. Ms. O'Dowd also requested Council add (i) to the consent agenda, Resolution #22 approving the Meadows financial analysis. For the capital water projects staff is asking that Council accept the bids and direct preparation of a notice of acceptance and preparation of the appropriate contracts to come back to Council. Mayor Stirling moved to add Resolution #20 to the Mall leases and to add 6(i) Resolution #23, 1990, approving the contracts with BBC for the Aspen Meadows; seconded by Councilman Peters. All in favor, motion carried. 16. Amy Margerum, planning director, told Council the cottage at 624 East Hopkins received a demolition permit from HPC earlier in the year. It is likely the cottage will be demolished in the next few weeks. Staff made a heroic effort to relocate the cottage but there has not been a viable solution. Ms. Margerum told Council the owner has put forward $4,000 toward moving the cottage. It will take about $12,000 to move the cottage, and it may have to be moved again to a permanent location. Roxanne Eflin, planning office, told Council there is no ability in the code to store structures; they have to be used. Ms. Eflin told Council one of the conditions of approval was that the owner work with HPC and staff to try and find a place for relocation. Mayor Stirling said he feels the cottage is worth saving. Ms. Eflin told Council the land is going to be cleared for marketing purposes. The city attorney's office has looked at this and feels the demolition permit is valid. Councilwoman Pendleton asked if the plan before HPC did not include leaving the cottage. Ms. Eflin said the applicant found that would not work. Mayor Stirling moved to add this as action item (n); seconded by Councilwoman Pendleton. All in favor, motion carried. CONSENT CALENDAR Councilman Gassman moved to approve amended; seconded by Councilman Peters. A. Wine Classic vending agreement B. Mall Leases - Resolution #20, the consent calendar as The consent calendar is: 1990 5 Regular Meeting Aspen City Council May 14, 1990 C. Minutes - April 23, 1990 D. Capital Water Project Bid Results E. Elliott Duplex Purchase Resolution #19, 1990 F. Acceptance of Trolley Study G. Shuttle Alternatives/Rio Grande SPA H. Resolution #22, 1990 - Aspen Meadows Financial Analysis Contract BBC All in favor, motion carried. LIOUOR LICENSE AUTHORITY BUSINESS Councilman Peters moved to approve the liquor license authority issues as follows; seconded by Councilman Gassman. 1. Special Event Permit - IDCA; ARA 2. Liquor License Renewals - Gordons, Paragon 3. Liquor License Transfers - Renaissance All in favor, motion carried. Mayor Stirling moved to move the public hearing on Ordinance #27, Series of 1990, to first; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #27, SERIES OF 1990 - Youth Center Final SPA Mayor Stirling said at the last meeting Councilmembers Gassman and Peters volunteered to work with the youth center board to look at alternative sites. Leslie Lamont, planning office, told Council this is the final SPA, rezoning the property to SPA, a GMQS exemption for public services. The applicant is also requesting Council waive the employee mitigation fee, about $15,000. Ms. Lamont requested the ordinance be amended to eliminate the FAR of 6500 and state, "staff recommends that a chart of the requirements be included in the site plans. The overall square footage shall not exceed 6500 square feet". Ms. Lamont recommended condition #9 be eliminated as the applicant has met that condition. Councilman Peters recommended this be tabled until the next meeting. He and Councilman Tuite have met with representatives of Hadid Aspen Holdings to look into having the youth center located on the ice rink. Councilman Peters said there is concern in the community over the location of the youth center. Councilman Peters said the youth center should be at the center of activities if it is going to succeed. Councilman Peters pointed out the youth center at the ice rink has some hazards; if it does not work, there is a very visible building left. Councilman Peters said the old library is a good site but shares some of the problems the parking garage site has, like not being the center of activities. Councilman Tuite said he is not interested in the old library site. Councilman Tuite said he also has no intention of pushing this into another construction season. 6 Regular Meeting Aspen City Council May 14, 1990 Mayor Stirling opened the public hearing. Perry Harvey said he is leery about being able to have this done because of the delays in going through the process. Harvey said putting another use on the ice rink property may open it up for a PUD amendment; this may be a conceptual change to the PUD and would throw the applicant open to the referendum process. Cory Dunn, Aspen Youth Center Board of Directors, said changing the location could set this program back as much a one year. Dunn said they have plans and have come a long ways. David Mitchell told Council the kids have taken two surveys in the past 2 years about what and where the kids want the youth center. Mitchell told Council the survey indicated the parking garage to be the preferred location by over 800 kids. Mitchell said not approving the youth center on the Rio Grande would be a large step backwards . Mitchel l told Council the kids have raised a lot of money, have hired a contractor, and are moving along. Melissa Cohen, board of directors youth center, pointed out this location is the one the kids want. Phoebe Ryerson supports a youth center on the Rio Grande. Libby Ferguson, board directors, said she and the kids have worked on this for 2 years. There has been a lot of work and interest in this project. The kids have attended Council meetings to let Council know their feelings about needing a place to hang out, a place to call their own. Samantha Wood agreed not approving this would be an enormous setback. Jon Busch said the teen center at the ice rink on Durant has a limited number of options for giving openness to the mountain from the city. Busch said to be another building on the ice rink would have a closing effect. Richard Compton said there is a concern about maintaining a transportation corridor through the property. Behrhorst told Council they have always talked about 6500 square feet; the building has not changed. The applicants are not sure how the FAR will be counted by the building department. Behrhorst said they are hoping to break ground in August. Rachel Richards said she is concerned about the operation of the youth center once it is opened. Marcia Goshorn said this is one plan over the last two years that has had more thought and planning go into it. Ms. Goshorn said one positive about the site is that it is not close to all the bars in town. Mayor Stirling closed the public hearing. Councilwoman Pendleton said moving the youth center to the ice rink spot would take at least 4 weeks at the fastest. Councilwoman Pendleton said moving the youth center may be Council's idea of a location for the youths. Councilwoman Pendleton said one thing 7 Reaular Meeting _ Aspen City Council May 14, 1990 this youth center has going for it is the kids are behind it. Councilwoman Pendleton pointed out a youth center at the ice rink would be in the middle of residences, who already complain about the noise. Councilwoman Pendleton moved to adopt Ordinance #27, Series of 1990; seconded by Mayor Stirling. Councilman Peters said his thought is to table this item for two weeks to look at the possibility of relocating it at the ice rink. Councilman Tuite asked if the community is convinced that the ice rink would be a better site. Councilman Tuite said he has not heard anyone say they would like to move there. Mayor Stirling said he has not seen a better site than the Rio Grande. Mayor Stirling said this is the first time he has seen a youth center with momentum from the kids themselves. Mayor Stirling said there are still uncertainties about the ice rink project and when it will be completed. Councilman Gassman said as an architect, he feels the ice rink is abetter site; however, there are a great many conflicting uses and goals on the ice rink site. Councilman Gassman said looking at the ice rink site will not take just two weeks. Councilman Gassman said whether the youth center works is going to be very fragile. Councilman Gassman said whether the youth center works depends on the people involved, and it is better to take the enthusiasm and commitment of the kids. Councilman Gassman said he is going to value this more than finding the perfect site. Ms. Lamont said one condition of approval is the youth center shall share the costs of the Rio Grande plat proportionally. The engineering department recommendation is that the costs should be split 1/3 between the garage, library and youth center. The P & Z changed that to say proportionally based on land area. Behrhorst said the youth center should not be paying the same as the parking garage. Roll call vote; Councilmembers Pendleton, yes; Tuite, yes; Gassman, yes; Peters, no; Mayor Stirling, yes. Motion carried. Councilwoman Pendleton moved to waive the housing impact fee of $15,000; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Gassman and Peters, Motion carried. ORDINANCE #19, 1990 - Water Tap Fee Increases John Musick, city's water counsel, told Council he contacted the sanitation director who agreed to arbitrate should an issue arise provided the applicant pays the fees. Musick said the reason for choosing the sanitation director is that some public comments were 8 Regular Meeting Aspen City Council May 14, 1990 that the city staff may not be impartial enough and the sanitation director has the same responsibility in his department for the same type of credits. Musick pointed out the ordinance has been amended to include a list of standards. Musick recommended adding, "in addition to other criteria deemed relevant" in case there is a specialized case. Musick said in paragraph 5(i) after the paren add, "water systems upgrades" as an example of considerations other than money which should be given. Musick said the costs of arbitration will be picked up by the person requesting the hearing. Mayor Stirling opened the public hearing. Musick said the increase for fire protection has gone from seven cents to $1.24 per ECU which was calculated by the finance department. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #19, Series of 1990, as amended on second reading; seconded by Councilman Tuite. Councilman Peters pointed out as the water system gets bigger the costs to keep it up also get bigger. Councilman Peters said the city should attempt to pay for this as it grows. Councilwoman Pendleton said she feels it is unfair for people to have to come up with the fees for arbitration. Musick said ordinarily these fees will not be substantial. For most people in the community, these fees will not apply because they will be covered under the 50 percent substantial remodel. Councilman Gassman agreed he would rather see a citizens board review these arbitration requests. Council requested the city attorney's office look into having the Board of Appeals hear these arbitrations. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Gassman, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #26, SERIES OF 1990 - Ute Trail Townhouses Subdivision (Mayor Stirling left the room due to a conflict of interest). Leslie Lamont, planning office, told Council this is the final PUD/subdivision for 3 free market and 7 deed restricted units. The applicants are requesting rezoning from R-6/PUD to RMF/PUD, a GMQS exemption for the 7 affordable housing units, condominiumization, vested rights and a waiver of the park dedication fee about $15, 000 and a waiver of the land use application fees about $4500. Ms. Lamont told Council the fire department has said if all units are sprinkled, they would have no problem allowing the 15 foot 9 Regular Meeting Aspen City Council May 14, 1990 access road. The applicant has agreed to sprinkle the units. The housing office's original recommendation was that 4 units should be low income guidelines. The housing office amended their recommendation to 6 units be moderate income guidelines; the 7th unit is resident occupied which does not require guidelines. Ms. Lamont told Council the trash service area has not moved in any of the plans that have been seen. This was not specified in the application. Ms. Lamont said there are two new conditions. One is that all variances shall be shown in detail on the final plat and recorded. The second condition is that prior to the issuance of a zoning certificate and a building permit, all PUD representa- tions must comply with the zoning and building codes. Karinjo Devore told Council the applicants are in agreement with all the conditions. Mayor Pro Tem Gassman opened the public hearing. Pam Cunningham, Aspen Alps, asked about fire access to other units on this road. Ms. Lamont said what was at issue was the 20 feet versus 16 feet road through the process. An architect told Council the important consideration is the amount of landscaping buffer between the street and the building. Rick Neiley, representing the Black Swan Hall, pointed out Council has a letter about their concerns with the project. Neiley said Black Swan Hall does not oppose redevelopment of the site but thinks some of the variances, particularly height variances, are unnecessary and inappropriate. Neiley said during discussions of Ordinance #1, there was considerable discussion regarding profits built into these types of project and what ought to be permitted in context with the city granting special considerations. Neiley said this is a high profit project. Neiley said there has been no evaluation of these variances whether or not they are necessary to make the project feasible. Neiley said the owners of Black Swan Hall feel their concerns about the project have not been addressed by the city or by the applicant and have been denied a reasonable opportunity to have these concerns addressed. Jerry Sullivan, resident of the Billings project, said they take good care of their units. The town needs employee housing. Kent Shodeen, 777 Ute avenue, said he has no problem with the idea of employee housing and the free market units. One concern is that the setbacks at the Ute Trail Townhouses will be the same as his. Lloyd Billings urged Council to approve this project, which is an example of private enterprise working to alleviate some of the local housing problems. Mayor Pro Tem Gassman closed the public hearing. 10 Regular Meeting Aspen City Council May 14, 1990 Mayor Pro Tem Gassman asked about the variances in the project. Bill Lipsey, architect, said the variances have to do with the shape of the site. Lipsey showed Council the model with the triangular shaped lot which tapers to zero on the south side next to the mountain. Lipsey said trying to use regulations set up for a typical town lot was very difficult. Lipsey said the purpose of the PUD is to take situations that require flexibility in planning and use that to fit the buildings. The PUD allows variances for parking, height, sideyard setbacks. Lipsey said the sideyard encroachments are on sides that are not bounded by any of the neighbors. The other variance requested was for height for the free market townhouses on the peak of the roof on the back of the site. Lipsey noted during this process the applicants have modified the area requested for height variance on the front of the lot. The higher part of the building is not visible from anywhere on Ute avenue. Councilman Peters moved to approve Ordinance #26, Series of 1990, as amended for the plan submission and income limitation changes per the housing authority on second reading; seconded by Council- woman Pendleton. Councilman Tuite asked why the change in recommending from the housing authority. Ms. Lamont said in soon to be adopted guide- lines, if a unit is less than 500 square feet it is low. In the current guidelines, a unit 400 or above can be either low or moderate. The housing authority went on the premise that there are not a lot of for sale units in town. It has been difficult to finance low income units, and the housing office felt it would be an impediment to selling these units. Ms. Lamont said one condition of approval is that the historic tenants get first shot at these units. All these tenants can meet the moderate income level. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Pendleton, yes; Mayor Pro Tem Gassman, yes. Motion carried. Councilman Peters moved to waive the park dedication fees for the affordable housing units and the planning fees of $5,000; seconded by Councilwoman Pendleton. Amy Margerum, planning director, asked Council for a policy decision for waiving the fees. This project does not quite meet the criteria for affordable housing zone district. Councilman Peters pointed out this project is 100 percent replacement and is unique. Councilwoman Pendleton said she would like to address waiver of fees project by project. Mayor Pro Tem Gassman pointed out this project has a free market component. Council' s theory was the free market was to subsidizes the affordable component. Mayor Pro Tem Gassman said it is inherent in the theory that the free 11 Regular Meeting Aspen City Council May 14, 1990 market units will cover come of the costs of developing the affordable units. Mayor Pro Tem Gassman said he has a hard time waiving fees when there is a profit generating part of the project. Councilmembers Pendleton and Peters in favor; Councilman Tuite and Mayor Pro Tem Gassman opposed. Motion NOT carried. ORDINANCE #28, SERIES OF 1990 - Cooper Avenue Greystone Mayor Stirling opened the public hearing. Leslie Lamont, planning office, pointed out this ordinance reflects the condominiumization of 2 free market units and 1 deed restricted unit. One easement on the northwest corner was eliminated. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #28, Series of 1990, on second reading; seconded by Mayor Stirling. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #30, SERIES OF 1990 - Ironwood (729/731 Cemetery Lane) Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #30, Series of 1990, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #31, SERIES OF 1990 - Affordable Housing Promissory Notes Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #31, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Russ Caldwell, Kirchner Moore, told Council this is a taxable note which matures at the end of the year. The projected rate is 9-1/4. The underwriters discount is .04 percent. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. MAA/IDCA REQUEST TO CLOSE STREETS Mayor Stirling asked if there was an evaluation of last year's street closure. Tom Baker, planning office, said the only negative 12 Regular Meeting Aspen City Council May 14, 1990 feedback was from groups outside the area saying they would also like walkways. Baker said this is a collaborative effort between the city, M.A.A. with the support of users at the Meadows, Physics and IDCA. This is an attempt to reduce traffic when the Meadows is being used as well as the music events. The street closure starts at Monarch and Bleeker, around elementary schools and down Francis. Baker said staff has proposed to put delineators in at appropriate intersections to preclude through traffic. Baker told Council during concerts there will be barricades at Third and Fifth and one at Fourth street north of North street to allow RFTA to have as efficient an operation as possible. Baker said the M.A.A. is working with the Institute to connect the two parking lots to have a more efficient traffic flow. Another addition is the bus loop between Third and Fifth during concerts. This is the same as last year with improvements from RFTA. The request is authorization to close off the streets and to appropriate $1500 for the flexible delineators. Councilman Tuite has been working with the school on use of the bike racks and saw horses. The M.A.A. will be providing 50,000 maps with all their brochures. Robert Harth, M.A.A. told Council they are anxious to do everything they can to keep traffic manageable during the festival. Harth told Council the 50,000 maps will be in additional to the map that is in the music calendar. Harth said they will get more bike racks. Councilman Gassman asked why the route goes behind the elementary school. Baker said staff tried to keep the intersection of Aspen and Hallam open to make this route work. Councilman Peters said he supports this plan; however, he has received complaints about the buses going to fast and the size of these buses. Councilman Tuite said RFTA will be using the smaller city buses this year. Councilman Gassman moved to authorize staff to work with the M.A.A. to close off the appropriate streets and to authorize up to $1500 from the contingency for delineators to be used in conjunction with closing the streets; seconded by Councilman Tuite. All in favor, motion carried. Dutch Hodges, representing the IDCA, told Council they too are requesting street closures from June 18 to 23. The children will be using the walkway from the Institute to the elementary schools. Councilman Peters moved to direct the city manager to evaluate the request and report back on May 29; seconded by Councilman Tuite. All in favor, motion carried. REQUEST FOR FUNDS - IDCA 13 Regular Meeting Aspen_City Council May 14, 1990 Dutch Hodges, representing the IDCA, told Council this is their first request in 40 years is because of the unique nature of the participation of the Aspen community and children. The IDCA Board needs help because the costs far exceed the $75 participation fee for the children. The money is for 2 exhibits, 8 scholarships and bike rentals for children. The Brainteaser exhibit will be installed at the IDCA ground so non-conferees can enjoy this. The Kaleidoscope, being provided by Hallmark, is open to people throughout the valley. Ms. Hodges said she feels it is important to network with surrounding communities to offer this resource. Councilwoman Pendleton questioned the $1,000 for bicycle rentals. Ms. Hodges said the children will be travelling to programs at different facilities throughout town. Ms. Hodges said money has been contributed from the Aspen Foundation. Councilman Peters moved to approve all expenditures except for the $1,000 for bicycle rentals. Motion DIES for lack of a second. Ms. Hodges told Council the costs of this conference are stagger- ing. It is mainly funded through corporate sponsors. Ms. Hodges told Council without the $5,000 the kaleidoscope exhibit will happen but the networking with surrounding communities will not. Mayor Stirling said the IDCA has never asked the city for money before. This is the premier design conference in the world and has helped add to Aspen's reputation. It may be time for the city to recognize the reputation the IDCA has built. Councilman Peters said he feel the valley-wide promotion is great public relations for the city as well as being a unique experience for children. Councilman Gassman said it is difficult to sort out all the arts and non-profit grants at once. Councilman Gassman said the only way to be fair it to look at all budget requests at once rather than out of context. Mayor Stirling moved to grant $4,000 eliminating the bicycle rentals to IDCA for the summer of 1990; seconded by Councilman Peters. Councilmembers Peters, Pendleton and Mayor Stirling in favor; Councilmembers Gassman and Tuite opposed. Motion carried. PARKING GARAGE TENANT FINISH Jed Caswall, city attorney, told Council one issue is use of space constructed through tax exempt bonds by a non-governmental unit which might jeopardize the tax exempt status of the bonds. Caswall told Council the opinion is that so long as 5 percent of the total space is used by non-governmental use, this is all right. Caswall said as far as who may use that space, it should be used to subsidize an on-going commercial venture. Caswall said if just the ACRA is going to use the space with no subletting, there is no problem. 14 Reaular Meetina Aspen City Council May 14, 1990 Cindy Wilson, finance director, told Council this is funded substantially through the 1/4 penny sales tax. Ms. Wilson said an unknown is how much will be generated through parking fees. Ms. Wilson told Council the assumption is that the parking fund will be $130,000 short by the end of 1990. This should be a temporary situation. Ms. Wilson said the tenant finish can be financed by a loan from either the water or electric fund to the parking fund. Whatever rent charged to the ACRA will be used to pay back the water or electric fund. Councilman Gassman said he feels this is an appropriate place for the ACRA. Councilman Gassman said he is worried that all discus- sions about the parking garage are that it is not profitable and the city keeps spending more money. Councilman Gassman said he would like to get a use in the parking garage but objects to throwing good money after bad. Councilwoman Pendleton asked if there is another way the ACRA can finance this themselves. Tom Hines, ACRA, told Council they cannot go out and borrow money right now. Bob Gish, city engineer, told Council staff looked at a lot of ways to finance this. Mac Cunningham gave the city a proposal. Gish said the city will add 5-1/2 new employees to the operation of the parking garage for attendants, parks maintenance, etc. Gish said staff cannot come up with an alternative funding. Gish said the ACRA can pay up to $30,000 a year rent. Councilman Peters said according to staff this is the appropriate tenant. The city has the space and it is not finished. If the space is not finished, it will not yield anything. The city can sit on the space and lose money or try and get the appropriate tenant in there. Councilman Tuite said he has a problem with fixed payment of $30,000 per year and no increase. Councilman Tuite asked if staf f is still projecting in lieu parking fees . Ms . Wilson said she projects about $50,000 annually. Councilman Tuite pointed out more and more projects are building their own parking, which is more effective for them. Mayor Stirling moved to grant up to a maximum of $160,000 from a combination of the water and/or electric fund for the purpose of providing tenant finish for the ACRA in the parking garage and to direct the city attorney to draft a lease which will have recom- mended cpi increases in the lease as the lease runs out and terms of lease renewals and satisfactory provisions as per tenant and landlord; seconded by Councilman Peters. Councilman Gassman said he feels this is irresponsible. Mayor Stirling said this is another subsidy to the ACRA from the city and needs to be viewed that way. Mayor Stirling said this is one of the tenants that is available for the space. Hines pointed out the ACRA did not come to Council; the city came to the ACRA. Hines said they feels this is an appropriate use. Hines said the 15 Regular Meetna Aspen City Council May 14, 1990 discussions started at $22,000 annually and the ACRA has come up with an additional $8,000 to get this paid back as quickly as possible. Hines said he feels this is a healthy move for both the city and the ACRA. Caswall asked if the city will finish the garage to how it wants it finished or will the city finish the garage to meet specific needs of the tenant. Gish said the city will have to finish it to meet the specific needs of this tenant as they have very special- ized requirements, including the reservation operation. Mayor Stirling said staff and the ACRA should continue discussions about the finishing. This vote will be a ceiling on tenant finish. Mayor Stirling directed the city manager to work out the par- ticulars of how this all comes together. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling moved to suspend the rules and continue the meeting to 9:45 p.m. ; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. PARKING GARAGE OPERATION Bob Gish, city engineer, told Council he has talked to several operating companies. The first year is very critical. There is a committee to discuss all issues associated with making a successful parking garage operation. Gish said they have not agreed on the rates, fees, hours, incentives, etc. Gish requested a work session to discuss in detail the operation of the parking garage. Gish told Council to keep expenditures at an absolute minimum, staff will operate the parking garage. This will entail hiring new staff and a $72, 000 operating budget for the first year. Gish said after the first year this will be re-evaluated and a professional operations firm looked at. Gish said the parking garage will open June 15. Carol O'Dowd, city manager, agreed it is most prudent to proceed with an in-house operation for one year. Staff needs to put together a plan on how the garage will operate and how it will tie in to current transportation operations. Mayor Stirling moved to direct the city manager to coordinate this, to accept the proposal of in-house staff operating the parking garage fore the first year and to have a work session May 21 at 6 p.m.; seconded by Councilman Peters. Councilwoman Pendleton suggested staff put on tip line or use local radio stations to have citizens give input about solution for the parking garage. All in favor, motion carried. 16 Regular Meeting Aspen City Council May 14, 1990 ORDINANCE #32, SERIES OF 1990 - DePagter Annexation Councilwoman Pendleton moved to read Ordinance #32, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #32 (Series of 1990) AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN PURSUANT TO SECTION 31-12-106 C.R.S., REFERRED TO AN DESCRIBED IN THAT PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON MARCH 22, 1990, COMMONLY KNOWN AS "THE DEPAGTER ANNEXATION" was read by the city clerk Councilman Gassman moved to adopt Ordinance #32, Series of 1990, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #33, SERIES OF 1990 - Merriam Lot Split Councilwoman Pendleton moved to read Ordinance #33, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #33 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUB- DIVISION EXEMPTION FOR THE MERRIAM LOT SPLIT AND LOT LINE ADJUSTMENT AND VESTING OF DEVELOPMENT RIGHTS was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #33, Series of 1990, on first reading; seconded by Councilman Tuite. Paul Taddune said there is reference to the fact that the conserva- tion easement may affect the developability of the parcel. Taddune told Council his clients feel because the city wants to create the incentive to make this donation that the applicant not be penal- ized. Taddune said he will work with staff to clarify this by second reading. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. 17 Regular Meeting Aspen City Council May 14, 1990 ORDINANCE #34, SERIES OF 1990 - Ambridge Final PUD Councilman Tuite moved to read Ordinance #34, Series of 1990; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #34 (Series of 1990) AN ORDINANCE OF THE CITY OF ASPEN GRANTING AMENDMENT TO THE PUD FINAL DEVELOPMENT PLAN FOR THE AMBRIDGE ACCESSORY OFFICE STRUCTURE AT 195 PARK CIRCLE was read by the city clerk Kim Johnson, planning office, told Council P & Z recommended approval for this development plan, which involves a new office structure in a residential area zoned R-15. Ms. Johnson noted staff is concerned that the proposed structure is cantilevered over a slope. This is in a PUD overlay area which gives additional planning review and flexibility to sensitive areas. Ms. Johnson said this is the first time a specific building is being con- structed in a residential area for a commercial use, for a home office use. The definition specifically states that a home occupation be contained entirely within a residential or accessory building. Ms. Johnson said P & Z did express concern over the direction where this may lead; construction of commercial struc- tures in residential areas. Bill Campbell, representing the applicant, said the application meets the intent of the code. Councilman Gassman said the intent of a PUD zone is to allow clustering or flexibility in setbacks so on difficult sites structures can be located on buildable part of the site. This application locates the structure on the unbuild- able part of the lot. Councilman Gassman said the accessory structure is going to be the primary structure on the site. Councilman Peters said he agrees in principle with home occupa- tions; however, this application stretches the point and seems to make the home occupation the primary use rather than accessory. Councilman Peters said this may change the residential character of the neighborhood. Councilman Peters agreed this may be the most visible structure on the site. Councilwoman Pendleton agreed. Councilwoman Pendleton said this is definitely a noticeable structure. Councilwoman Pendleton said this would be setting a precedent Council should look at before they go any farther. Council agreed this needs to be further analyzed. ORDINANCE #35, SERIES OF 1990 - Volk Vested Rights Councilman Gassman moved to read Ordinance #35, Series of 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. 18 Regular Meetinct Aspen City Council May 14. 1990 ORDINANCE #35 (Series of 1990) AN ORDINANCE OF THE CITY OF ASPEN VESTING THE DEVELOPMENT RIGHTS FOR THE VOLK STREAM MARGIN REVIEW was read by the city clerk Councilman Gassman moved to adopt Ordinance #34, Series of 1990, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. PUD AMENDMENTS - Clarendon Leslie Lamont, planning office, told Council the applicant is requesting to add a third bedroom to 2 two-bedroom units. Each bedroom is about 250 square feet and does not increase the foot- print or density of the building. Ms. Lamont told Council P & Z denied this application. If Council wishes to approve this, staff will prepare an ordinance for first reading. Jody Edwards, representing the applicant, earlier submitted a letter to Council addressing 5 issues. The project was originally 9 two-bedroom units and 6 three-bedroom units. It was designed to easily add a third bedroom. There have been two prior amendments to the project to allow four of the units to be enlarged to three- bedroom units. One issue raised by P & Z was the final buildout. Edwards said the applicants do not know what the final build out will be. The Code allows for amendments to the PUD and nothing prohibits piecemeal amendments. Edwards said another issue is the false front and new roof. The homeowners association required a new roof be bridged from units 1 and 4 to give a uniform roof line. Larry Yaw, architect, told Council he would take this back to the condominium association and request they reconsider. Edwards told Council when the second amendment, to add 3 new bedrooms, for the PUD was processed, one requirement was 2 new parking spaces. Edwards said this was never followed up. These parking spaces can be added by restriping the lot and not increas- ing the paved area. Edwards said to add anymore parking spaces, the asphalt will be increased. Edwards said currently there is a nice open area. There is a letter from the Clarendon which says the parking lot has never been a problem and is not heavily used. Edwards told Council he and staff have not been able to reach an agreement on the exact FAR. Edwards said this is below FAR under either the old or new codes. Ms. Lamont told Council last year staff devised a policy that the city did not want incremental changes to the PUD. Staff wants the 19 Regular Meeting Aspen City Council May 14, 1990 PUD projects to come through with a total buildout scenario in order to identify the parking requirements, massing, impact, etc. Councilman Peters said this is not the proper way to allow PUDs to go forward. A certain amount of open space was considered as part of the original project; now there is a request for more parking. This is expanding the project beyond the parameters within which it was originally designed. Councilwoman Pendleton agreed with not going along with piecemeal amendments to PUDs. Councilman Gassman said he is not sure it makes sense to ask every condominium owner to plan exactly what they want to do in the future; life is not static. Councilman Gassman said as long as staff assesses the impact on the community when there is an incremental change, that may be all right. Mayor Stirling agreed there ought to be a market or enlarging family dynamic. Ms. Lamont said P & Z's recommendation ultimately was that the applicants come back with more overall conceptual plans on what can happen and what would be the total build out. Ms. Lamont said staff could then tell what the total FAR would be left and ask the applicants how they want to allocate it. Edwards said he does not see anything in the code requiring an applicant to come in with a final buildout. The code allows this type of piecemeal changes. Mayor Stirling moved to direct staff to work with the applicant to resubmit the application to identify the ultimate buildout, design issues, parking issues, and bring it back through P & Z in a two step process; seconded by Councilman Tuite. Councilman Peters asked if this is expanding an non-conforming use. Edwards said they are not adding any more units and are not expanding the non-conformity. All in favor, with the exception of Councilman Peters. Motion carried. Mayor Stirling moved to suspend the rules and extend the meet to 10:15; seconded by Councilman Tuite. All in favor, with the exception of Peters and Gassman. Motion carried. ORDINANCE #36, SERIES OF 1990 - Historic Designation 200 S. Monarch Gideon Kaufman questioned an ordinance designating "a portion of 200 South Monarch Street". Roxanne Eflin, planning office, said the title is incorrect and will be corrected. Ms. Eflin told Council the applicant is requesting historic designation for the entire parcel, which HPC and P & Z have recommended with condi- tions. Staff is recommending Council approve landmark designation for only that portion of the parcel with the relocated Reid cottage finding that the entire parcel does not meet the standards for 20 Regular Meeting Aspen City Council May 14, 1990 designation. The applicant is requesting designation to take advantage of the incentives offered for a designated landmark, primarily dealing with timing and exemption from GMP competition. Ms. Eflin said staff does not feel it is appropriate to use the landmark designation in this way and that a negative precedent will be set. Ms. Eflin pointed out in similar cases staff has recom- mended a portion of the site for designation. The financial benefits if the entire parcel is designated are a parking variation up to 15 spaces or $225,000 and exemption from GMQS competition. Ms. Eflin told Council the HPC and P & Z felt strongly the com- munity benefits associated with designation far exceed in value the variations and exemptions being requested. The project is an excellent solution to preserving a significant historic resource. Staff agrees the community would be receiving substantial benefits; however, how would staff deny future applications when community benefits are not as substantial. Staff recommends landmark designation for the Reid cottage and the land immediately assoc- iated with it. The remainder of the parcel does not meet the criteria for designation. Kaufman said his client is tearing down a perfectly good building to relocate a historic structure, which no one else would be doing. HPC and P & Z felt there were a number of distinctions in this application so that it will not be setting a precedent. Kaufman told Council HPC and P & Z strongly felt this application meets the criteria spelled out in the code specifically the neighborhood standard. The community character specifically states, "a struc- ture or site is critical to the preservation of the character of the Aspen community". The HPC and P & Z feel the site is critical to the preservation of the Aspen community. Staff states site means land immediately associated with the historic structure. Kaufman quoted from the code, "a site is defined as one or more parcels with one or more structures". Kaufman said the Reid house in the 1890's sat on a 5 lot parcel when it had its historic structure on it, including lots a, b, and c. The previous owner owned all three lots and now all 3 lots have been brought under one ownership. This is unique to this parcel; no one else has that situation. The property was specifically purchased to reunite the 3 parcels and to give a unique opportunity to give the Reid house prominence. Kaufman said the applicants have been working for over two years to find a way to preserve and enhance the Reid house. Kaufman pointed out the applicant is willing to tear down a perfectly good, recently renovated existing building to make the project work. This is a project the HPC is excited about; the HPC feels this is innovative, not dangerous. Kaufman requested Council confirm the action of the HPC. The HPC was confident in their ability to distinguish between projects. 21 Regular Meeting Aspen City Council May 14, 1990 Larry Yaw, architect, told Council create a site concept that premiated also created a compatible commercial a model of the project. Yaw said importance and gives the pedestrian works with the Victorian across the or transition between the urban cc Yaw said the building is less than their design mission was to the existing Reid building and building. Yaw showed Council this design gives the corner importance. The design also street in becoming a gateway re and the residential area. the allowable FAR; it exceeds the open space requirement by 15 percent. The project provides 3 parking spaces, less than the requirement. The height is 10 feet less than it could be. Joe Wells said Guido's has been mentioned as being able to request the same thing. Wells pointed out Guido's just completed a lengthy review process and no designation of the entire site was requested. Another example was 17 Queen street, which was not rated at all until it was sold and given a rating of 4. There were no GMQS implications with this lot. Another example was 801 East Hyman, rated a 1; there were no GMQS implications on this parcel either. Another example is Asia, which was also being processed and requested full designation of the site. HPC gave a signal that Asia's request for full designation was not appropriate. Wells said the standards are flexible and each case has to be looked on its own merits. Larry Brooks, applicant, told Council he has been working on this since 1987 and has talked to dozens of people to get their input. Brooks pointed out he has unanimous approval from the committees he has met with as well as all the people he has met with. This is the one way to make the Lily Reid cottage live and breath again. The only negative comments have been about possible other projects . Brooks reiterated he has been working on this since 1987. Anyone willing. to have that much tenacity should get approval. Councilman Tuite moved to read Ordinance #36, Series of 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #36 (Series of 1990) AN ORDINANCE DESIGNATING 200 SOUTH MONARCH STREET/309 EAST HOPKINS AVENUES AS H, HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-701 OF THE LAND USE CODE was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #36, Series of 1990, on first reading; seconded by Councilman Tuite. Councilman Peters agreed with staff. The design is a good design and a good solution for the Lily Reid house. Councilman Peters 22 Regular Meeting Aspen City Council May 14, 1990 stated he does not agree with the concept that one can use a historic building and accumulate ownership of property and expand a historic designation to other properties. Councilman Gassman asked about the below grade floor area. Ms. Eflin said below grade FAR does not count in a designated structure. Brooks said one reason the whole property is involved in that the corner building is currently a usable building; there is no reason to tear it down. This involves an entire lot and tearing down a building to move the Reid cottage over. Yaw said the result of this is to rebuild 1200 square feet in order to achieve 3800 square feet of new space. Charles Cunniffee, HPC member, told Council this seems like the most creative and generous solution the HPC has seen. Ms. Eflin told Council the applicant would be requesting a waiver of 15 parking spaces from HPC. Kaufman told Council the applicant would have to provide all employee housing; the variation from GMQS is for the parking spaces. Kaufman pointed out sometimes the GMQS quota is so small that a building cannot be done with one year's quota. Kaufman said an alternative is to leave the Reid structure where it is and to build a second story on the existing commercial building. Amy Margerum, planning director, said staff's concern is using landmark designation in a way to get something everyone likes. This is a policy decision of Council; do they want to use landmark designation in this creative approach in getting good urban design for projects. Ms. Margerum said there is a PUD overlay which would allow close to the same project. The issues are the net leasable in the basement and the timing. Bill Poss, HPC chairman, said the Code allows an applicant to come to HPC and ask for designation to get something. There is an ability for HPC to work with the applicant. If the standards can be met, HPC can designate the site or portion thereof they find critical to preserving the character. Mayor Stirling said a critical issue is saving and restoring the Reid cottage. In previous designs, the cottage may have been lost in between canyons of new buildings. Mayor Stirling said there is a coherence in this design that would not be if it were a traditional design. Mayor Stirling said urban design and creativity to solve some downtown problems is a laudable goal. Mayor Stirling said this could be a good precedent. Mayor Stirling said he is concerned about the parking; there is too little parking provided in this design. The housing proposal is the same either way. Mayor Stirling said he is willing to support this as there are some long term benefits. Councilmembers Tuite and Pendleton agreed about the parking concerns. Councilman Gassman said he has reservations about this but this deserves to go to public hearing. Councilwoman Pendleton asked staff to look at more parking on site before the public hearing. 23 Regular Meeting Aspen City Council May 14, 1990 Roll call vote; Councilmembers Gassman, yes; Pendleton, yes; Peters, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to suspend the rules and meet to it p.m.; seconded by Councilman Tuite. Councilman Tuite and Mayor Stirling in favor; Councilmembers Peters, Gassman and opposed. Motion NOT carried. Council left the meeting at 1 :50 p.m. ~~~(' Ll~ Kathryr~S. Koch, City Clerk 24