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HomeMy WebLinkAboutminutes.council.19900827Regular Meeting Aspen City Council August 27, 19.90 QUEENSTOWN SISTER CITY 1 PROCLAMATION - Mortimer Adler Day 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 LIQUOR LICENSE HEARING - Cache C ache 4 SPECIAL EVENT PERMITS - St. Mary 's Church 4 LIQUOR LICENSE RENEWALS 4 RFTA SUPPLEMENTAL APPROPRIATION 4 ORDINANCE # 33, SERIES OF 1990 - Merriam Lot Split 5 ORDINANCE #55, SERIES OF 1990 - Extending GMP Deadline 5 ORDINANCE #56, SERIES OF 1990 - City Reorganization 5 MORTGAGE FINANCING 5 RESOLUTION #35, SERIES OF 1990 - Contract Rich Cassens 7 1990 CAPITAL WATER PROJECTS - Request for Additional Funds 7 ORDINANCE #59, SERIES OF 1990 - Adopting 1988 Building Code 8 ORDINANCE #57, SERIES OF 1990 - Adopting 1988 Mechanical Code 8 ORDINANCE #58, SERIES OF 1990 - Adopting 1988 Plumbing Code 9 RESOLUTION #32, SERIES OF 1990 - Purchase Austin Property 9 RESOLUTION #33, 1990 - Calling Special Election November 6, 1990 9 MERRIAM LOT SPLIT .. 10 RESOLUTION #34, SERIES OF 1990 - Wolftone Lawsuit Settle- ment 10 12 -.~=- Regular Meeting Aspen City Council August 27, 1990 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Pendleton, Peters and Gassman present. OUEENSTOWN SISTER CITY Francesa MacPherson, Chamonix sister city committee, pointed out that Aspen already has 3 sister cities; however, this one would have the same language. Ms. Macpherson told Council there has been good rapport with Queenstown and positive press coverage. This relationship would help business and the exchange of ideas. In 1992, the world forum will be held in Christ Church, New Zealand and Aspen and Queenstown could be formally designated sister cities at that time. Mayor Stirling moved to direct the city attorney and manager to draft a resolution to enter into a two year trial affiliation with Queenstown, New Zealand, to determine if they want to officially become sister cities; seconded by Councilwoman Pendleton. All in favor, motion carried. PROCLAMATION - Mortimer Adler Day Mayor Stirling and Council declared August 22 Mortimer Adler day. Adler gave the last lecture in the Institute series of Paepcke and is one of the people who has set Aspen apart culturally and intellectually. Adler has been coming to Aspen every summer since 1949. CITIZEN COMMENTS 1. Phoebe Ryerson said Mortimer Adler has written a great deal about education and designed a whole curriculum. Ms. Ryerson said the community should get organized on the Meadows so that there can be a Paedia school in the winter and a music school in the summer on the race track. 2. Gideon Kaufman brought up the informational item on the Aspen Meadows and said the consortium has some problems with the content of the planning office's memorandum. Kaufman said he would like an opportunity to bring these issues up; if this is appropriate at the September 10th meeting, they will wait until then. Amy Margerum, planning director, told Council the Meadows is going to P & Z tomorrow and Council will have an opportunity to discuss this on September 10th prior to the planning commission making a final decision. Councilman Peters said he would like this put on the agenda so Council can comment on staff and the consortium's memo before this goes to P & Z. Ms. Margerum said at Council's last work session, they indicated they wanted the benefit of P & Z's comments. 1 Regular Meeting Aspen City Council August 27, 1990 Mayor Stirling-said there are issues that need to be nailed down; however, P & Z is to comment on these before it comes back to Council again. Councilwoman Pendleton said .she would like P & Z to review this before it comes back to Council. Councilman Gassman agreed to wait until September 10. 3. Marty Pickett, representing the Prokters, presented a written request to Council for a work session in order to talk about the relationship of their property and Garrish park and the possibility of a lot line adjustment and city's plans for the park. Mayor Stirling moved to put this on the September 17 work session at 5 p.m. Motion DIES for lack of a second. , 4. Rachel Richards invited Council to a housing meeting August There is a core group of citizens working on developing co-housing to present a plan to the BOCC for the community center. Ms. Richards brought up the Granola Gondola September 9 hoedown; much of the money will go to environmental groups. COUNCILMEMBER COMMENTS 1. Mayor Stirling said some residents at Truscott place are complaining because they have to pay fares on RFTA buses to get to town. Mayor Stirling asked the city manager to look into this. 2. Mayor Stirling moved to schedule the Prokter work session September 17 at 5 p.m; seconded by Councilwoman Pendleton. Councilman Gassman said Council asked staff to look into this and give recommendations. Staff did that and he does not have any reason to doubt their efforts. Councilman Gassman said he does not need to second guess staff. Councilwoman Pendleton and Mayor Stirling in favor; Councilmember Peters and Gassman opposed. Motion NOT carried. 3. Mayor Stirling said he met with Joe Zoline about relocation of ditches and access to his property. Mayor Stirling asked for a status report from staff. Jed Caswall, city attorney, told Council he is waiting for a response from MCDC's water attorneys regarding the proposal. Zoline does not appear to be interested in pursuing negotiation on this. 4. Councilman Gassman brought up an article from the press about Fort Collins banning cfcs. Councilman .Gassman said he keeps getting conflicting reports on this and requested the city manager to look into this. 2 Regular Meeting __~__ _As~en City Council August 27, 1990 5. Councilman Gassman brought up the house on the corner of Garmisch and Hopkins and the lack of a sidewalk. Jed Caswall, city attorney, told Council he talked to Ross's attorneys and has been assured the sidewalk will be put in. Ross requested this not be started until after the people have left in September. 6. Councilman Gassman told Council the housing authority is advertising for a director both locally and nationally. There is a meeting August 30 to clarify the details of the personnel search. Councilman Gassman told Council in the interim, Yvonne Blocker will handle the administrative responsibilities and Harry Truscott will handle the construction activities. Councilman Gassman told Council the housing authority would like to be considered as tenants for half the duplex on Cemetery Lane. The housing authority will also request the BOCC to have some flexibility in the salary range. 7. Councilman Gassman told Council the Arts Council is meeting tomorrow. He has been invited and will attend unless directed otherwise by Council. 8. Mayor Stirling asked where the Roaring Fork Forum will be September 13. Carol O'Dowd, city manager, told Council the September 13 meeting will be in Carbondale. She will contact RFTA to get a van for bus for transportation. 9. Carol O'Dowd, city manager, pointed out item (f) on the consent calendar, the AKA dog show, was held yesterday and can be removed from the agenda. CONSENT CALENDAR Councilman Gassman asked about amplification and speakers for the Aspen Bike Tour. Charlie Tarver told Council this event has been moved into September so there is less traffic in town. Tarver said there will be PA systems only at the start and finish areas. Councilman Gassman moved to approve the consent calendar as amended; seconded by Councilman Peters. The consent calendar is A. Tour Aspen Mountain Road & Mountain Bike Race B. Block Party - Smuggler Land Office C. Courthouse Centennial Celebration Street Closure D. Hallam Lake Pipeline Contract E. Mother Lode Volleyball Tournament All in favor, motion carried. Wayne Ethridge invited Council at attend the Courthouse Centennial Saturday September 1. LIQUOR LICENSE HEARING - Cache Cache 3 Regular Meeting Aspen City Council August 27, 1990 Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. Philippe Mollicchi, applicant, told Council he is going from a beer and wine license to a three-way license. Mollicchi said many tourists request liquor other than beer and wine. Mollicchi presented a petition in favor of the liquor license.. Mayor Stirling asked for opponents to the license. There were none. Mayor Stirling closed the public hearing. Councilwoman Pendleton moved that based on the evidence presented at a public hearing held August 27, 1990, relating to the applica- tion of Cache Cache Inc for a three-way liquor license, the Council finds that the needs of the neighborhood have not been meet and the license is hereby granted; seconded by Councilman Peters. All in favor, motion carried. SPECIAL EVENT PERMITS - St. Mary's Church Councilwoman Pendleton moved to approve the special event permits; seconded by Councilman Peters. All in favor, motion carried. LI UOR LICENSE RENEWALS Councilman Gassman moved to approve the liquor license renewals for Little Nell; La Cocina; Boogie's Diner; seconded by Councilman Peters. All in favor, motion carried. RFTA SUPPLEMENTAL APPROPRIATION Dan Blankenship, general manager RFTA, told Council to accommodate the increased ridership due to lower fares, RFTA leased 5 coaches from Neoplan. Blankenship said the Board authorized them to go to bid for 5 vehicles in April. RFTA chose Neoplan at $625,150 for 5 used buses. Mayor Stirling asked about the report in the media. Blankenship said some of the drivers have experienced frustration with the S and S buses for the city routes and Ski Company service. Blankenship said there have been engineering problems with the vehicles and RFTA has notified Stewart Stephenson they are in b reach of contract. S and S has set a timetable .for resolving the warranty issues. Councilman Peters moved to approve the RFTA supplemental appropria- tion; seconded by Councilman Gassman. All in favor, motion carried. 4 Regular Meeting Aspen City Council August 27, 1990 ORDINANCE # 33, SERIES OF 1990 - Merriam Lot Split Paul Taddune, representing the applicant, told Council he has resolved the issues satisfactorily to Mrs. Farrish, the adjacent property owner, and are very close to having a private agreement acceptable to both. Taddune requested Council approve the ordinance with the understanding that if they are not able to reach an agreement, this can be reconsidered at the next meeting. Taddune told Council no one else but Mrs. Farrish has concerns. Dietsch worked with ACES and gifted over one acre of river bottom land. There is a limited access which could in the future connect the trail all the way to North Star. Councilman Gassman moved to adopt Ordinance #33, Series of 1990, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #55, SERIES OF 1990 - Extending GMP Deadline Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Amy Margerum, planning director, told Council the city has had no applications and no inquiries. Councilman Gassman moved to adopt Ordinance #55, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Gassman, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #56, SERIES OF 1990 - City Reorganization Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #56, Series of 1990, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. MORTGAGE FINANCING Carol O'Dowd, city manager, reminded Council she was directed to look at Fannie Mae financing and options to pursuing that financ- ing. Ms. O'Dowd told Council the city's financial advisor, Kirchner Moore, put together an in-house team on this project. Russ Caldwell and Keith Tully are present to explain this project. Ms. O'Dowd said some parameters were to protect the long term deed restrictions as well as continue protection of the full faith and 5 Rectular Meeting Aspen City Council August 27, 1990 credit of the city. Caldwell told Council they talked to mortgage lenders in Aspen and in Denver. Caldwell said real estate lenders tend to shy away from Colorado. There is also the demise of the S&L system which has dried up some available funds. There is an institutional atmosphere which does not want to participate in deed restricted type of units. Keith Tully told Council the hesitation to lend in Colorado stems from the demise of the oil industry in 1982-83. Tully said one source of mortgage lending they are attempting to locate is low equity high loan to value loans . Caldwell said there are some sources of non-Fannie Mae for lending available. Caldwell told Council Ms. O'Dowd has communicated with Fannie Mae and has received a reply, which they will analyze for lending parameters that they would establish. Caldwell said some new sources of mortgage funds are where lenders will be required to alter the mix of residential and commercial loans. Another program would be a taxable mortgage revenue bond program with a credit enhancer. Tully said the city has the ability to issue taxable revenue bonds from which the money could be used to lend out money under the city's own program. The ability to do this would be tied to the ability to obtain an credit enhancer. Any loans in excess of 8 percent loan to value requires some type of mortgage insurance. On top of mortgage insurance, there are several different sources of credit enhancement to allow the bonds to be sold at a AA or AAA rating. Tully said there are not a lot of credit enhancers around. Caldwell said the city should have multiple fluid choices for lending because the market conditions change. Councilman Peters said he does not look to the city to indemnify everyone against the cost of doing business. Tully told Council lenders do not want to get involved with multi-family projects. Councilman Peters said there is a current need for funds for refinancing as well as some county projects . The county has had a presentation from Fannie Mae on financing. Councilman Peters said the city should find out if the county is interested in participating with the city in mortgage financing. Councilman Peters moved to direct city manager to follow this up, talk to the county to see if they are interested in pursuing some of these options, and have Kirchner Moore do more investigative work on all these issues and pursue the specific information required to make a judgement based on numbers for some of the mortgage alternatives and to concentrate in the short term on cultivating the two private lenders; seconded by Mayor Stirling. Mayor Stirling said time is of the essence in order not to lose more people to down valley. Ms. O'Dowd said this will take some serious negotiations and analysis to bring this back to Council. Ms. O'Dowd said she can have a progress report to Council on 6 Regular Meeting Aspen City Council August 27, 1990 September 24. Councilwoman Pendleton said she would like all avenues investigated. Councilman Gassman said he would rather be thorough and understand this than proceed in a rush. .Councilman Gassman suggested the housing authority be included in this. All in favor, motion carried. RESOLUTION #35, SERIES OF 1990 - Contract Rich Cassens Jed Caswall, city attorney, said this is an approval of a contract with Cassens for the capital water improvements. Caswall said Council should formally ratify the agreement Cassens has been working under since February. Caswall pointed out there is no provision in the contract for errors and omissions. Cassens has explained they have not had any liability problems in the past and do not see the need for purchasing errors and omissions insurance. Rea Cassens and Associates provides essential services for the city, not only in design but also supervision of construction. Caswall said not having insurance leaves the city a little bit exposed. Caswall said the city is more than 75 percent through this contract and it is not appropriate at this time to inject this issue. Councilman Gassman moved to approve the contract with Rea Cassens and Associates as recommended by Jed Caswall; seconded by Council- woman Pendleton. Caswall told Council he will prepare a resolution for the next Council meeting consent agenda. All in favor, motion carried. 1990 CAPITAL WATER PROJECTS - Request for Additional Funds Bob Gish, public works director, told Council the estimates presented to Council last year on the Highland, Buttermilk and Red Mountain water systems are fairly close except for the time it took to redesign and to reach agreement with all the property owners for easements. These were unanticipated costs. There were also some unanticipated costs required by county, like additional landscap- ing. Gish told Council revenues were anticipated at $800,000 from the contract agreements. The city's water counsel has negotiated over $2,000,000 in revenue to go to capital water projects. These revenues are tap fees and contributions from developers. Gish told Council there is funding available in the water fund to cover this request. Mayor Stirling moved to decrease the Red Mountain water budget by $6173; increase the Buttermilk water system by $147,169 and increase Highlands pipeline by $21,697 out of 1990 water revenues; seconded by Councilman Peters. All in favor, motion carried. 7 Regular Meeting Aspen City Council August 27, 1990 Mayor Stirling asked for a report on Hunter Creek. John Musick, city's water counsel, told Council the water court for district 5 approved the forest service minimum stream flow transfer, a case pending since 1977. Musick told Council the city exercised its rights under the Droste water rights when Hunter creek started declining and called upon the Red Mountain ditch to release water down stream to augment the stream flow. Musick said the stream has been augmented by .4 cfs, which is the amount of water the city acquired. Musick said the next step in this process might be acquisition of water rights or lining the ditches and becoming very water sensitive. Musick reported one of the land owners on the Red Mountain ditch is willing to enter into an exchange which would increase the amount of flow in Hunter creek. ORDINANCE #59, SERIES OF 1990 - Adopting 1988 Building Code Councilman Gassman moved to read Ordinance #59, Series of 1990; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #59 (Series of 1990) AN ORDINANCE REPEALING AND REENACTING SECTION 7-140, 7- 141, AND 7-142 OF ARTICLE V, CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADOPTION OF THE UNIFORM BUILDING CODE, 1988 EDITION, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARD, 1988 EDITION AS AMENDED was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #59, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Gary Lyman, chief building official, told Council the department needs to stay current with the state codes. Lyman said this code is parallel to past codes but is more up-to-date. Roll call vote; Councilmembers Peters, yes; Gassman, yes; Pend- leton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #57, SERIES OF 1990 - Adopting 1988 Mechanical Code Councilman Peters moved to read Ordinance #57, Series of 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #57 (Series of 1990) AN ORDINANCE REPEALING AND REENACTING ARTICLE XI OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, 8 Regular Meeting Aspen City Council August 27, 1990 COLORADO, BY ADOPTION OF THE UNIFORM MECHANICAL CODE, 1988 EDITION, AS AMENDED was read by the city clerk Councilman Peters moved to adopt Ordinance #57, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Gassman, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #58, SERIES OF 1990 - Adopting 1988 Plumbing Code Councilwoman Pendleton moved to read Ordinance #58, Series of 1990, seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #58 (Series of 1990) AN ORDINANCE REPEALING AND REENACTING SECTION 7/213/, 7/214 AND ENACTING NEW SECTION 7-218 OF ARTICLE IX OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADOPTING OF THE UNIFORM PLUMBING CODE, 1988 EDITION, AS AMENDED was read by the city clerk Councilman Peters moved to adopt Ordinance #58, Series of 1990, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #32, SERIES OF 1990 - Purchase Austin Property Councilman Gassman moved to approve Resolution #32, Series of 1990; seconded by Mayor Stirling. Councilman Peters said part of this agreement is execution of promissory notes for this property as well as the Hopkins proper- ties. Jed Caswall, city attorney, said the Loan Agreement and Option is part of this resolution. Copies of this have been sent to the housing authority. All in favor, motion carried. RESOLUTION #33, 1990 - Calling Special Election November 6, 1990 Mayor Stirling moved to approve Resolution #33, Series of 1990; seconded by Councilman Gassman. Mayor Stirling said he would like to have a special municipal election in November to vote on a mill levy increase. Mayor Stirling said this is the highest mill levy the city has requested in the last 7 years. Councilman Peters said the renovation of city hall is tied to capital projects. Councilman Peters said he would 9 Regular Meet_ina Aspen City Council Auaust 27, 1990 like a resolution of funding capital projects so to also solve how to renovate city hall. Councilman Peters said without a mill levy increase, the Council cannot assume that the water fund or electric fund can fund all these capital projects. Councilman Peters pointed out there are two historic buildings on the A list that need work; city hall and the city shop. Councilwoman Pendleton said this issue is very important and long neglected. Councilwoman Pendleton said she will support raising the mill levy and not going to an election. Mayor Stirling said he feels this tax increase needs the ratification of the voters and it is up to Council to persuade people to vote for this. Mayor Stirling in favor; Councilmembers Gassman, Pendleton, Peters opposed. Motion NOT carried. Mayor Stirling moved to direct staff to draft a first reading of an ordinance for the first meeting in September for Council to consider the passage of an increase in the mill levy of 3 mills for capital project in the city; seconded by Councilman Gassman. All in favor, motion carried. MERRIAM LOT SPLIT Jim Moran, representing adjacent property owner, told Council they are close to an agreement. Moran said one consideration for the agreement was no formal opposition to the lot split. Paul Taddune, representing the applicant, said this will probably be resolved by the next meeting. Taddune said if this is not resolved, he will not oppose a motion for reconsideration of final approval of the ordinance. Moran said his client has not seen the draft of the agreement. Councilman Peters agreed he would reconsider this ordinance should the need arise. RESOLUTION #34, SERIES OF 1990 - Wolftone Lawsuit Settlement Paul Taddune showed Council a sketch of the proposed settlement. Taddune said .the consequence of the settlement discussions was that the city would not contribute any funds. The city will receive title to the disputed portion of Summit street plus the adjacent parcel. Taddune said the plaintiff will convey to the city the applicable warranty deeds. The settlement agreement will be subject to the city attorney's approval. Taddune told Council he is happy with the end result. Councilman Gassman moved to approve Resolution #34, Series of 1990; seconded by Councilwoman Pendleton. Taddune told Council part of the settlement agreement is that no subdivision approval and no RETT would be necessary. 10 Regular Meeting Aspen City Council August 27, 1990 All in favor, motion carried. Council adjourned at 8:25 p.m. Kathryn Koch, City Clerk 11