Loading...
HomeMy WebLinkAboutminutes.council.19900924Regular Meeting Aspen City Council September 24~ 1990 PROCLAMATION - Aspen Children's and Youth day 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 3 LIQUOR LICENSE AUTHORITY BUSINESS 3 LIQUOR LICENSE TRANSFER 3 19 91 BUDGET 3 ORDINANCE #61, SERIES OF 1990 - Appropriations 5 RESOLUTION #37, SERIES OF 1990 - Neighborhood Advisory Committee Pedestrian and Bikeway Plan 5 MEADOWS REPORT 9 ORDINANCE #65, SERIES OF 1990 - Moores Lot Split 13 ORDINANCE #66, SERIES OF 1990 - Erdman Lot split 13 FEE WAIVER POLICY 14 15 Regular Meetinq Aspen City Council September 24, 1990 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Peters, Tuite Pendleton and Gassman present. PROCLAMATION - Aspen Children's and Youth day Mayor Stirling said yesterday was the Aspen vigil on behalf of the plight of children around the world. Mayor Stirling and Council proclaimed Sunday, September 23 Aspen Children's and Youth day. CITIZEN PARTICIPATION 1. Joe Wells asked whether Ordinance #65, 1990, the Moores lot split will be heard tonight. Jed Caswall, city attorney, told Council staff is not satisfied with the condition of the applica- tion, which is lacking information. Staff requests this be continued to October 8 in order to meet with the applicant. Caswall explained that statutory cities require a 15 day notifica- tion but home rule cities do not. The ordinance can be passed on first reading October 8 and the public hearing can be held at the next regularly scheduled meeting. Caswall told Council there have been instances where ordinances were amended between first and second reading and not amended in the final, signed version. Wells requested this ordinance be passed on first reading and the differences worked about between now and the public hearing. Councilman Tuite moved to table Ordinance #65, Series of 1990, to October 8; seconded by Councilman Peters. All in favor, with the exception of Mayor Stirling. Motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton said the Commissioners took a field trip to see the alternatives into Aspen for the light rail system. Councilwoman Pendleton proposed the Council also look at the alternatives into Aspen. Council suggested October 1 at 3 p.m. and requested staff set this up. 2 . Councilwoman Pendleton asked about the Hallam Lake project and when will the city start digging. Bob Gish, public works director, told Council the city received approval from the corps of engineers today and as soon as the easements are in place, they will start the project . 3. Councilman Gassman told Council a Fannie Mae closed last week on a Hunter Creek condominium. 4. Councilman Gassman said the housing board has asked Council to go on afield trip to look at affordable housing projects. This is scheduled for October 18th at 8:30. Councilman Gassman 1 Regular Meeting Aspen City Council September 24, 1990 suggested the Council look at the Hopkins projects and the Austin properties. Mayor Stirling asked about the M.A.A. withdrawing from using the Truscott place. Mayor Stirling asked if there was not an agreement on this. Councilman Gassman said the housing authority understood the M.A.A. was going to see what happened with the Marolt project before decided what to do with Truscott place. The housing authority is going to go through the winter, do research of residents, look at the housing production place and then make a decision on Truscott. 5. Mayor Stirling said the in town school sites committee will have two more meetings this fall. The next meeting is October 10th at noon. Mayor Stirling recommended bringing the committee's recommendation to Council for comments. 6. Mayor Stirling said September 25 at noon is a comprehensive plan introduction. At 2 p.m. there is a demonstration site visit at the EPA sites. The overview to the budget meeting is September 27 at 1 p.m. 7. Bill Efting, assistant city manager, told Council staff has been negotiating for the last two days on the Highlands water projects. There are 3 ways to connect the Twinridge project; without crossing Highlands, Twinridge cannot have fire protection. John Musick, city's water counsel, told Council there have been meetings on site with homeowners and their representatives. One item was modification of the approved revegetation plan to satisfy the desires of the homeowners. The homeowners are reviewing the revegetation plan. They would like to add some additional trees and to allow these to encroach upon the 30 foot easement for screening purposes. The second issue is the location of the easement of the pipeline once it hits the 30 inch water line. There are 3 alternatives. #1 which was reviewed by the Council and approved by the county goes up the Holy Cross electric power line to a plat exemption which Highlands granted several years ago. This alignment involves removal of several trees, which the homeowners have determined is inappropriate. #2 goes through the property of Godfrey and onto a new easement on the Highlands property. In order to grant this new easement, Highlands suggested several pre-conditions, like a guarantee of water service at certain rates. This alternative was determined to be inappropriate by staff. #3 uses the existing 30 inch raw water line easement which has been in place since 1973 in the location of the old city of Aspen raw water flume. This easement falls on the property of Alan Schwartz and Highlands. The pipeline is in place and it is the equestrian trail. Schwartz has agreed to allow the easement. This will require burying the 2 Regular Meeting Aspen City Council September 24, 1990 pipeline with the 30 inch raw water line until it connects with the 8 inch water line easement of the Highland Skiing Company. Every alternative requires crossing Highlands property. Councilman Gassman complimented staff on handling this situation and the time and effort this took. 8. Bill Efting, assistant city manager, requested Council add to the consent agenda the repair of the roof to Carol O'Dowd's Cemetery Lane duplex of $2500 out of the contingency fund CONSENT CALENDAR Councilman Gassman moved to approve the consent calendar as amended; seconded by Councilman Peters. The consent calendar is: A. Contract Approval Maroon Creek Diversion Dam B. CIRSA Policy Renewal C. MEAN Director Reappointment D. Quit Claim Deed - Vacation of Water Ditch Aspen Highlands E. Use of Parking Garage - Halloween Party (Grassroots) F. Minutes - September 10, 1990 G. Cemetery Lane Duplex Roof Repair $2500 Councilman Peters asked if the city is creating any complexities by vacating the water ditch easement. John Musick said no. All in favor, motion carried. Amy Margerum, planning director, asked if Council intends to discuss the Aspen Mountain PUD amended plan, which is an informa- tion item. Ms. Margerum told Council these are insubstantial changes which can be approved by staff but she wanted Council to be aware of them. Council indicated they had no interest in bringing this on the agenda. LIQUOR LICENSE AUTHORITY BUSINESS Councilman Gassman moved to approve the renewal of the Chart House; seconded by Councilman Peters. All in favor, motion carried. LIQUOR LICENSE TRANSFER Councilwoman Pendleton moved to approve the transfer of the Molly Gibson Lodge; seconded by Councilman Tuite. All in favor, motion carried. 19 91 BUDGET Mayor Stirling opened the public hearing. 3 Regular Meeting Aspen City Councl__ September 24, 1990 Mary Martin asked what the city's budget will be including the increased mill levy. Cindy Wilson, finance director, said the total budget is $25,000,000 including all funds and a $7,500,000 debt service. The general fund is about $9,000,000. The debt service has increased $1,500,000 which is housing projects including a $900,000 of a short term note repayment. Ms. Wilson told Council a 3 mill increase would give the city $675,000 annually for 10 years. The proposed budget for 1991, $280,000 is for streets equipments or street improvements, $100,000 for parking equipment and the balance will go towards the renovation of city hall. Ms. Martin said Council should take a careful look at this through the entire budget process. Ms. Martin said one of Council's goals was to pursue annexation to bring greater revenue. Ms. Martin asked what has been done on annexation. Councilman Tuite said the city will work with any neighborhood that wants to be annexed. Councilman Tuite pointed out it cost more to maintain neighborhoods than the city receives in property taxes. Councilman Tuite said the only area this is different is the Airport Business Center, where sales taxes are generated. The County has been very explicit in telling the city they have no desire for the city to annex that area. Ms. Martin said a $25,000,000 budget for a town of 4600 is a lot of money with no more beds than there were 10 years ago. Ms. Martin said the budget is for services not for planning sidewalks. Ms. Martin said this should be taken back to the voters so they have a say like its guaranteed in the Constitution that people have the right of say in taxation. Ms. Martin said this money is for trucks and equipment, which have come out of the normal budget in the past. Ms. Martin questioned the true capital need of the city. Councilwoman Pendleton said she would like to pursue annexation and some areas are currently being looked into. Councilwoman Pendleton said city hall is a big expense that has been put off for years. The city has to start taking care of its own assets. Councilwoman Pendleton said her assessed valuation is currently 47.50 and will go up to 60.00 with the 5.5 mills of the city. In a west end house assessed at $73,500 the mill levy will go up $18.38 per month or $220 per year. Mayor Stirling agreed that the voters should have a chance to vote on this tax. Scott MacDonald said higher taxes are hurting everyone and are being passed onto the tourist consumer MacDonald said this is inflationary. Councilwoman Pendleton requested that some budget meetings be moved to late afternoon early evening. Council agreed. Ms. Wilson told Council she would work on the schedule and present it at the budget overview September 27 at 1 p.m. Mayor Stirling continued the public hearing to October 8. 4 Reaular Meeting Aspen City Council September 24, 1990 ORDINANCE #61, SERIES OF 1990 - Appropriations Mayor Stirling opened the public hearing. Cindy Wilson, finance director, reminded Council at first reading they discussed a loan of $800, 000 to the housing authority from the water fund. Ms. Wilson said this money could also come out of the payment-in-lieu fees. There is currently a $1,600,000 note that has to be paid off by the end of the year. Councilman Tuite said six months on $800,000 is significant interest and would like this kept track of to make sure the water fund is paid back. Mayor Stirling said the issue of transfer between funds and charging interest should be discussed during the 1991 budget. Mayor Stirling closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #61, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #37, SERIES OF 1990 - Neighborhood Advisory Committee Pedestrian and Bikeway Plan Roxanne Eflin, planning department, requested Council's endorsement and comments on the Aspen Pedestrian, Walkway and Bikeway system plan. Staff and the committee have been very pleased with the work and with the consultant, Nore Winter. This plan is intended to replace the 1985 trails master plan and includes all the trails imposed in that plan. The recommended alignment of some of the trails has been refined and the trail prioritized. Ms. Eflin told Council there is a growing need to reduce reliance on the auto- mobile to reduce congestion and to improve air quality. Reduced auto traffic improves the image of a community as a place of natural beauty and enhances the quality of life. Ms. Eflin reminded Council last year, staff was working to address concerns about the amount of paving in the city and conflicting design considerations and Aspen character. The committee was broken up into 8 different sub-areas and also represents a large variety of special interests of the community. The committee did an enormous amount of work, including a two-day field trip to other communities. The committee reached consensus on basic policy, commuter route identification, missing links, recreational trail alignments and design guidelines. The plan identifies priorities and implementation strategies. Cost are not included but $250,000 annually for 5 years was recommended in conjunction with the parks department work program. Ms. Eflin said budget strategies include funding a half-time alternate modes coordinator and maintaining the 5 Regular Meeting Aspen City Council September 24, 1990 NAC as an alternate modes commission established to promote and review non-motorized circulation. Nore Winter said this has been an unusual project with a complex level of information. Winter said the committee hopes this will be a pioneering effort in alternative modes planning. Winter said this document includes the systems which looks at the broad concept of overall circulation systems city-wide as well as looking at implementation, a combination of policy and working documents. It includes bikes and pedestrians and looks at trails, streets, sidewalks and alleys as modes of circulations. Winter showed Council maps from the plan; one of the proposed pedestrian system and one of the proposed pedestrian-bikeway system. The group identified primary commuter routes. Winter said the routes were put into as hierarchy to provide a rationale for making decisions on an annual basis for the design of individual trails. There is also a hierarchy in the bicycle system. Winter said the first section of the plan is the system plan, which describes the intent of how a system should be comprehensively put together. There are maps in this plan. These are a guide to staff and the committee to continue with additional planning. Winter said a key thing in this plan is a series of decision making standards for individual issues, for how to decide where to locate a route, for how to negotiate changes in a route, for how sidewalks should be paved. The second part of the is the design standards and guidelines, which are more detailed but are not specific proposals. These are construction standards and guidelines for when work is to be implemented, including intersection design, sidewalk construction and trail standards. Winter said the idea is that parts one and two will become standing policy and not require frequent updating. Parts 3 and 4 are seen as working tools to be updated annually. The third part is the implementation plan, which sets up the systems for implementation and criteria to decide what will be done first. The prioritization matrix is being worked on and is not in the current draft. The fourth section, appendix, is a catalog of existing problems, issues and conditions. The goals and objectives are (1) to reduce reliance on automobiles by providing a system of circulation that is easier to use and more inviting; (2) to increase the use of pedestrian and bicycle routes for commuting; (3) to enhance recreational opportunities; (4) to increase safety; (5) to enhance the system for year round use. Part of the objectives were to improve trail continuity. There are fragments that are not completed. Another objective is that route safety should be improved through uniform design characteristics; and to foster cooperation in trail planning with other management groups, particularly the county and forest service. Winter said 6 Regular Meeting Asben Citv Council September 24. 1990 developing standards should foster cooperation. Another objective is to design and promote the system as an amenity. An objective to improve accessibility and convenience means making identifiable trailheads, improve lighting and signs and to enhance the attrac- tiveness through landscaping and to increase public knowledge of the system and to respect the neighborhood context in designing the system, like acknowledging the character of the west end. The key parts of the conceptual plan are to establish a set of commuter routes; to enhance the existing set of recreation routes; to strengthen the connections with outlying areas; to establish connections between major traffic generators; to develop coor- dinated public information system. Winter told Council some route planning principles are that routes should be planned in their entirety, following existing corridors of disturbance wherever feasible, to avoid fragile or protected environment or to mitigate when necessary to go through such conditions; to maximize oppor- tunities to enjoy scenic features; to align routes to facilitate personal security and police patrol; to combine long distance routes with smaller routes; to provide landscaping buffers. Winter said the plan includes a list of right-of-way acquisition criteria. Some of these are to negotiate the right-of-ways that comply with the overall trail plans and to locate them where they meet grade standards when possible, to avoid environmentally sensitive areas, and to locate easements to connect with existing public ownership and easements, and to insure important easements are not traded away. Winter said the hierarchy for the pedestrian system is important; some streets will be pedestrians only, like the mall; intermediate where sidewalks are widened and additional pedestrian amenities installed; or conventional streets and sidewalks. Winter said the committee deleted recommending bike lanes on the streets. There will be streets with no sidewalks. There are bike route and bike trail standards in the report. The shared trail is the most extensive in the community. Winter said there may be some cases where the trails would be segregated. Part 3 of the report focuses on implementation. Management systems are a key recommendation. One is the advisory committee be maintained for alternative modes. A technical planning committee made up of staff members is recommended to review implementation of the plan and to update design standards. The committee recommended an alternative modes director as a half time position to oversee the daily implementation of the plan and enforcement, and that an alternative modes planner be designated as officially responsible for the plan and to assist the committee. Winter told Council a maintenance component is highly recommended. 7 Regular Meeting Aspen City Council September 24, 1990 Winter said the phasing criteria is also important and form the nucleus of how decisions would be made annually on what work should be done. Winter said these criteria should be organized into a matrix so individual trail segments can be evaluated with this matrix and to help prioritize this work. Some of these criteria are cost sharing, mix of users to be accommodated, complete missing links, serve heavy commuting uses, year round trails get higher priority, and those trails that would mitigate hazardous condi- tions. Winter said another high priority would be trails that would serve the greatest number of people in the community, those that have extraordinary aesthetic opportunities, special recrea- tional opportunities, and where lack of implementation might result in the loss of opportunity, like imminent development. Winter said this matrix will be worked on by the committee for a list of first phase priorities. Winter told Council ideas that may be considered are the construc- tion of a bike route and pedestrian way along West Hopkins and Hyman as a commuter connection from Marolt to downtown; implemen- tation of portions of the Meadows trails, completing the Roaring Fork river walk, improvements to Ute avenue, installation of key bridges to complete trail segments, and connecting Oklahoma Flats to spring street for commuting from the north side of town. Winter said if the plan is adopted in principle and the matrix concept for prioritization is adopted, then annually the committee would recommend to Council their priorities. Winter said the next step is to take the implementation plan and begin putting it into work. Some of these can occur with paperwork; others will require detailed engineering. Fritz Benedict pointed out a letter in the paper critical of adding any more bike paths citing the danger of walking on bike paths. Benedict said they will try to have separation on some of the trails around Aspen. Larry Fredrick urged Council to continue to have a committee so there is a coordinated effort between all the different entities. Selma Feldman recommended a registration fee for bicycles to help maintain the trails. Councilman Gassman said he was impressed with the plan and complimented all those who worked on it. This plan sets out a program with how to come up with a good trails system and to make decisions on a lot of different issues. Councilman Gassman said this gives the city a framework for making decisions in a broad, comprehensive, community-based way. Councilman Peters agreed that a committee should continue on in an advisory role. Councilman Peters questioned creating two specific positions for trails. Councilman Peters said he would like the funding sources explored. Councilman Peters said he would like to see some goals for the public works department, for the parks and recreation departments 8 Regular Meeting Aspen City Council September 24, 1990 to follow up on. Councilman Peters said he would like to get to some specifics as quickly as possible. Councilwoman Pendleton said the conflicts between pedestrians and bicycles has to be addressed in this report or put into the goals. Councilwoman Pendleton said she is concerned about the environment and some places trails are proposed. These should be addressed before there are problems. Councilwoman Pendleton agreed with keeping the committee but the plan should trim down the bureaucrats involved and use the existing staff. Winter noted it will take time for someone to monitor and implement the system. Councilman Peters said he would like funding through neighborhood or special improvement districts looked at. Councilman Tuite said he supports this plan; however, it could have been more anti-automobile. Councilman Tuite said year round use of trails is critical. Selma Feldman, Redwood Condominiums, said they are concerned about a trail going too close to their units. They would like the trail go around the building another way. Mayor Stirling said he would like to see the concept of an auto free zone dovetail with all this work. Jed Caswall, city attorney, said the city presently has an ordinance requiring installation of sidewalks as a condition of a certificate of occupancy. That ordinance may be conflicting with parts of this plan. Caswall said he will draft an ordinance so that these will not be in conflict. Councilman Gassman moved to endorse the Aspen pedestrian walkway and bikeway plan; seconded by Councilwoman Pendleton Councilman Gassman said he would like more discussion about the committee before putting into his motion. Councilman Peters said there will not be any staff positions created until Council approves the funding. The committee will also have to be appointed by Council. Councilman Gassman said he would like to discuss how this relates to existing committees. Amy Margerum, planning director, pointed out the existing Neighborhood Advisory Committee is still working on the work program. Ms. Margerum suggested a work session with Council to discuss priorities for 1991. Council agreed to have the NAC go on working until that work session. All in favor, motion carried. Councilman Gassman moved to approve Resolution #37, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. MEADOWS REPORT Amy Margerum, planning director, pointed out there is a resolution of endorsement of the Meadows master plan. This resolution will be forwarded to P & Z so they understand Council's concerns. Ms. 9 Regular Meeting Aspen City Council September__24l 1990 Margerum reminded Council they have agreed on the general location of the townhouses and that there should be some flexibility in that location in terms of setbacks, buffers and actual location of the 10 units. Council agreed there should be flexibility in allowing for both access routes off Seventh street. Two routes are shown on the draft master plan; one cuts in and allows for a home site to be in that access route and the other sweeps more east. Council also wanted to allow flexibility for the single family homes to be either on the south or north side of the access road, to be determined with more details at the final SPA application. Ms. Margerum said the size of the lodge rooms should not be restricted in the plan. It is important that the scale and design of the units be consistent with the architecture on the site and that the expansion of the lodge stay within the building footprint. The cul-de-sac on Eighth street will be moved to be closer to parallel to North street. The final plan will specify that the intended use of Eighth street will be trails and open space. Ms. Margerum told Council any affordable housing mitigation that would be required will be determined at the time of the SPA application. The 10 new townhouses should have the obligation of meeting their affordable housing obligations through cash-in-lieu or off site housing. The single family homes should be allowed to have 4 caretaker units to mitigate their affordable housing impacts if they are deed restricted to low income. The affordable housing for the lodge expansion associated with the Institute will need to be waived through a code amendment. Council is pursuing funding to purchase the conservation land. The responsibility for building and maintaining the trails will be determined as part of the negotiations on the conservation land. Ms. Margerum told Council all new buildings will be reviewed by the HPC with the exception of the chalet building and the single family homes. These will be reviewed by HPC but will be advisory only. Ms. Margerum said the applicant will be allowed flexibility for the sites of the rehearsal facility. Councilman Peters said he does not feel the Seventh street access is wise. This comes precipitously close to the circle of serenity and will carry a lot of traffic with very little to obstruct noise. Councilman Peters said he is concerned about Council assuming responsibility for developing a trails system. Councilman Peters said he is also concerned about the responsibility Council is taking on to redeem the conservation land. Councilman Peters said he supported the city contributing $1,000,000 for this land; however, the city is on their way to insuring they will come up with all the money for the conservation land. Councilman Peters said the master plan in the context of the amendments should be looked at. The amendments seem to be the primary issues and the master plan should have a lot of weight. Councilman Peters suggested adding language to P & Z that notwithstanding the 10 Regular Meeting Aspen City Council September 24f 1990 amendments, P & Z should consider the public comments and community values that were represented in the master plan. Councilman Peters said the most visible part of Council's action on the Meadows has been these amendments. Councilman Tuite said there was some discussion about mortgages on this property. Councilman Tuite said his intent is that the property was to be used by the current users. Councilman Tuite said he would like this plan specific on who the owners are. Mayor Stirling said the section on how amendments are processed is tightly drawn. Mayor Stirling said an initial safeguard is that there will be 4 owners. Councilman Tuite said the interplay of all 4 of these is crucial to this property. Councilman Peters said one issue is whether the restrictions and limits imposed on this property will stand in the face of a bankruptcy. Gideon Kaufman said it is not appropriate to put in a master plan what amount of mortgage is suitable to put on the property. Kaufman said the applicants intend to deal with assurances to the city in the SPA concept. Mayor Stirling said he shares Tuite's concern about the property being used as security. Mayor Stirling said this may be averted by the concepts built up with the consortium. Councilman Tuite said what happens when a group wants to sell their portion and leave Aspen. Kaufman said this will be dealt with in the SPA also. Ms. Margerum pointed out a new #12 was added to the amendments. There was a concern whether the consortium would have to come back with minor amendments. Ms. Margerum told Council they have added the ability to make insubstantial amendments to the master plan without going through the two step process. The existing criteria in the land use code used for PUDs was used for insubstantial amendments. This criteria is very strict and only allows for minor changes less than 3 percent of the overall floor area. Ms. Margerum said the individuals portions of the Meadows, like academic or single family lots, are where they would count the 3 percent, not the entire parcel. Kaufman suggested this be limited to 3 percent used against 1000 feet, whichever is greater. Councilman Gassman said staff should come back with a proposal on this. Mayor Stirling agreed he does not want to be so limiting it is absurd. Councilman Gassman said he is satisfied with 3 percent as these amendments are supposed to be insubstantial. Councilman Gassman moved to affirm the planning office recommenda- tion on insubstantial amendments; seconded by Mayor Stirling. All in favor, with the exception of Tuite and Pendleton. Motion carried. Mayor Stirling said Council is recommending a purchase price of the conservation land of $2,125,000. The Council will commit $1,000,000 at closing from the sixth penny land fund. The closing it Regular Meeting Aspen City Council September 24, 1990 will occur within 30 days after the SPA application has been fully approved by Council, probably June 1991. The Council will take responsibility for the trails and for building the picnic point bridge. The Hadid organization will handle the conversion of the Meadows road to pedestrian and cycling use. Council will be given until October 10 to seek the additional $1,125,000 from the community. Mayor Stirling said the city will send a letter to conservation groups around the state to raise these funds. Mayor Stirling said citizens have indicated they would be willing to assist with the purchase of almost 40 acres including that designated on top. Mayor Stirling said before October 16th the applicant has indicated they want a signed contract. Mayor Stirling said Hadid will carry the $1,125,000 interest free for 3 years from the date of closing. There would be no prepayment penalty on the outstanding balance. Mayor Stirling said the sub- committee agreed with the Hadid group that they need an agreement signed before the consortium's final SPA submittal begins its process, and Council is taking responsibility for raising the needed funds, which implies that the difference would come from the land fund. Mayor Stirling said the city will have about 2 weeks to get pledges for the money and then will have 3 years from the spring of 1991 to make up the difference or to bring in the pledges. Councilman Tuite said he has no problems with the agreement except that October l0 is early to get pledges. Councilman Tuite said he would like the date to be later. Councilwoman Pendleton said she supports this . It shows the city' s willingness to get on with this and get it resolved. Mayor Stirling requested the date be changed to Council's regular meeting date of October 22. Perry Harvey, representing Hadid Ltd., said they would not have a problem extending the date of contract until October 22. Council agreed to amend the date to October 24. Mayor Stirling said there is always the possibility Council can offer development on the conservation zone. Mayor Stirling said he does not support development on the conservation zone; however, this could raise needed funds. Mayor Stirling pointed out that 10 acres in the conversation zone allows one house. Harvey said the applicants are anxious to get to closing. Harvey said this should be finalized 30 days after the subdivision plat is signed and recorded. Mayor Stirling said 30 days may not be enough. Mayor Stirling said he wants a deadline so there is a commitment. Mayor Stirling deferred to staff on this date. Harvey said Hadid agreed to carry the $1,125,000 in 3 equal payments rather than one payment at the end of the three year period. Harvey said they agreed to no interest because this would be 3 annual payments on the date of the closing. 12 Regular Meeting Aspen City Council September 24, 1990 Councilman Tuite moved to approve the recommendation of Council changing the date to October 24 in number 6 and in number 7 to 3 equal annual installments; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Gassman moved to approve Resolution #42, Series of 1990; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Peters. Motion carried. ORDINANCE #65, SERIES OF 1990 - Moores Lot Split Councilman Gassman moved to table this to October 8, 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #66, SERIES OF 1990 - Erdman Lot split Councilwoman Pendleton moved to read Ordinance #66, Series of 1990; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #66 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUB- DIVISION EXEMPTION FOR THE ERDMAN PARTNERSHIP LOT SPLIT, DESCRIBED IN METES AND BOUNDS, AT THE S.E. CORNER OF GILLESPIE ST. AND LAKE AVE was read by the city clerk Councilman Tuite moved to adopt Ordinance #66, Series of 1990, on first reading; seconded by Councilman Peters. Amy Margerum, planning director, told Council this is a request to split a 32,855 square foot lot into two lots. This is in the R-6 zone off Lake avenue. There is an existing house on one lot. The lot split will allow for another unit of 3,449 square feet. Staff recommends approval with conditions outlined in the report. Don Erdman told Council he has reviewed the conditions and they seem to be in order. Tom Cardamone, ACES, told Council he has worked with P & Z and staff to establish an environmentally sensitive area overlay to the existing zoning. The goals is to preserve the bank around Hallam lake to the benefit of both the public and the wildlife and to the neighbors. Cardamone told Council he has discussed this with the applicant, who has endorsed the idea. This was also brought up in the Merriam lot split and Wogan lot split. Councilman Peters thanked Cardamone for acting as the ambassador for Hallam Lake; the work has been productive. Roll call vote; Councilmembers Gassman, no; Tuite, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 13 Regular Meeting Aspen City Council September 24, 1990 FEE WAIVER POLICY Mayor Stirling moved to table this to October 8; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Peters. Motion carried. Council adjourned at 9:00 p.m. Kathryn Koch, City Clerk 14