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HomeMy WebLinkAboutminutes.council.19901022Aspen City Council Reaular Meeting October 22, 1990 AMENDMENT # 1 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT AGENDA 2 LIQUOR LICENSE RENEWALS 2 LIQUOR LICENSE TRANSFER - Club Andiamo's to Carlos and Pepe's 3 LIQUOR LICENSE TRANSFER - Pinocchio's to Lauretta's 3 ORDINANCE #66, SERIES OF 1990 - Erdman Lot Split 3 ORDINANCE #65, SERIES OF 1990 - Moores Lot Split 4 19 91 BUDGET 4 PITKIN COUNTY OPEN SPACE BALLOT QUESTION 4 HIGHLANDS WATER LINE EXTENSIOI`r 5 IN-TOWN SCHOOL SITES 7 HYMAN LAND PURCHASE CONTRACT 9 1992 CULTURAL FESTIVAL FOR INDIGENOUS PEOPLE 9 SNOWMELT RECOMMENDATION 10 ORDINANCE #69, SERIES OF 1990 - Temporary Storage and Con- struction Staging 11 ORDINANCE #70, SERIES OF 1990 - PUD amendment Hotel Jerome 11 ORDINANCE #71, SERIES OF 1990 - Code Amendment Hallam Lake ESA 13 REQUEST FOR TRAFFIC SIGNAL AT SPRING & MAIN 13 RESOLUTION #49, SERIES OF 1990 - Opposing Amendment #1 14 16 Aspen City Council Regular Meeting October 22, 1990 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Peters, Tuite, Pendleton and Gassman present. AMENDMENT #1 Mayor Stirling said this amendment concerns tax limitations on all municipalities, counties, state governments and elected groups in Colorado. This will affect how they will be able to funds projects in the future. Mayor Stirling'said Council can adopt a resolution opposing this amendment if they choose to. Ann Harris, CMC, said this amendment will limit all taxing entities to a permanent cap of 69 mills; voter approval cannot change this. The only way it can be changed in the future will be a constitu- tional amendment. All counties currently over 69 mills have 10 years to reduce to that. Ms. Harris said this amendment will take away government's authority to raise property taxes, licenses and fees. Ms. Harris said this is a restrictive amendment and will cripple education and city and county governments. John Steltzer, CMC, pointed out there can be no new or renewed real estate transfer tax after this amendment. Steltzer said the amendment states except for voter approved debt, tax revenues cannot exceed a prior year tax revenue adjusted for new construction. Steltzer said the amendment does provide for emergency taxes; however, economic conditions, revenue shortfall, salary and fringe benefit increases are specifically excluded as emergencies. Councilman Peters moved to add to the agenda as IX(k) a resolution opposing this amendment; seconded by Councilwoman Pendleton. All in favor, motion carried. CITIZEN COMMENTS There were none COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton apologized to anyone who was offended by her language last week. 2. Councilwoman Pendleton said she has been walking around town, and it is scary the number of local businesses that closed and gone. Councilwoman Pendleton suggested the city open up discus- sions on getting affordable businesses back in town. Amy Margerum, planning director, said there is a code change which will make it more difficult to change from retail to office. Ms. Margerum told Council this is also a focus of the Aspen area comprehensive plan. 1 Aspen City Council Regular Meeting October 22, 1990 3. Councilman Tuite said October 23 at 6 p.m. at the community center will be a meeting of the landowners of the Smuggler EPA site to form a caucus for representation on the consent decree. 4. Mayor Stirling said there are budget meetings this week. The first community meeting on the comprehensive plan is October 29 at 5:30 at the community center. 5. Mayor Stirling asked the status of the Maroon Creek bridge. Carol O'Dowd, city manager, told Council there are several issues that need to be addressed. One is the surface design of the bridge, staff and the P & Z agree the box girder design is appropriate for the support structure of the bridge. Ms. O'Dowd suggested this be scheduled for the November 12 agenda. 6. Mayor Stirling announced"the city has received the distin- guished budget presentation award from the GFOA. Mayor Stirling said this is a real coup for the city's finance department. 7. Julie Marshall reminded Council they were asked to create a 5 year plan for the art park area as part of the grant Council gave them last year. Ms. Marshall said they have been working with the staff on the conceptual SPA. Councilman Peters moved to support this process in the city and the city sponsoring it; seconded by Councilman Tuite. Alan Richman said the art park is facing fairly substantial application fees. Richman requested waiving these fees. Mayor Stirling requested this be on the November 12 agenda. All in favor, motion carried. CONSENT AGENDA Councilman Peters moved to approve the Councilman Tuite. The consent agenda A. Minutes - October 8,• 1990 B. Elks Building Encroachment C. Towing Contract D. Resolution #48, 1990 - LEAF E. Hallam Lake Contract F. Resolution #47, 1990 - ACES All in favor, motion carried. LIQUOR LICENSE RENEWALS consent agenda; seconded by is Contract Annexation Impact Report Councilwoman Pendleton moved to approve the renewals for Wiener- stube; Primavera; Aspen Grove; Aspen Paradise Corporation; Main Street Bakery; City Market; Cooper Street Pier; New York Pizza; 2 Aspen City Council Regular Meetinq_ Mama Maria's; seconded by Councilman Peters. carried. LIQUOR LICENSE TRANSFER - Club Andiamo's to Councilman Peters moved to approve the try Pepe's; seconded by Councilwoman Pendleton. carried. October 22~ 1990 All in favor, motion Carlos and Pepe's ~nsfer for Carlos and All in favor, motion LIQUOR LICENSE TRANSFER - Pinocchio's to Lauretta's Councilman Tuite moved to approve the transfer for Lauretta's; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #66, SERIES OF 1990 - Erdman Lot Split Kim Johnson, planning office, told Council there are revised conditions 3 and 4 to address the drainage. Staff recommends approval of this ordinance. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #66, Series of 1990, with the addition of condition #10 to state, "development proposed for new lots resulting from this lot split shall conform to the terms and requirements of the Hallam Lake bluff environmentally sensitive area if such ESA is enacted prior to issuance of any building permits"; seconded by Councilwoman Pendleton. Don Erdman said he plans to support and comply as much as possible with the proposed conditions of the ESA ordinance. Proposed lot 2 is away from the ESA or line of sight. Erdman said he would like to avoid the review situation in an area which does not fall under the purview of the proposed ordinance. Councilman Peters amended his motion to add "if such ESA is applicable"; seconded by Councilwoman Pendleton. Councilman Gassman asked if the house as built on lot 1 conforms with the proposed ESA. Ms. Johnson said it would not. Councilman Gassman said technically this house meets all the requirements of code. However, the applicant is asking for some consideration from the city and the city should ask for some consideration from the applicant. Councilman Gassman said he does not see this considera- tion. Councilman Gassman said Erdman has moved the house back but not as far as the proposed ordinance will require. Erdman said his house was half completed before the ordinance was drafted and it was impossible to make a change after the fact. 3 Aspen Citv Council Regular Meeting October 22, 1990 Roll call vote; Councilmembers Tuite, yes; Gassman, no; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #65, SERIES OF 1990 - Moores Lot Split Kim Johnson, planning office, told Council this is adjacent to the Erdman lot to the north. The applicants are seeking a lot split. At first reading Council expanded the conditions to include compliance with the proposed ESA. Ms. Johnson pointed out the memorandum should read that no further subdivision exemptions can take place on this property. Tom Cardamone said there is an irrigation water easement through this property which the applicant has moved. Cardamone said he feels this water easement will never be used; however, this easement may be a solution for storm sewer water to be put into the lower marsh rather than the lake. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Pendleton asked if the ordinance has been changed to reflect the condition about the ESA. Ms. Johnson said it has been; however, it was not in the packet. Councilman Tuite moved to adopt Ordinance #65, Series of 1990, as amended; seconded by Councilman Peters. Joe Wells said the applicant are willing to have the easement used for storm drainage; however, if the city wants to use it, they agree that anything in the easement will be sub-grade because it won't be clean water. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 1991 BUDGET Mayor Stirling opened the public hearing. Mayor Stirling said the final adoption of the budget will be November 12. Council continued the public hearing to November 12. PITKIN COUNTY OPEN SPACE BALLOT QUESTION Tim McFlynn said the highlights of this ballot question are a citizen board that has large responsibilities and powers regarding the acquisition and maintenance of open space and trails. This board has more than just advisory roles. The areas have to be recommended by the open space board in order to be purchased by the BOCC. McFlynn said the mill levy for this will be approximately $52 for properties valued at $400,000. • 4 Ashen Citv Council Regular Meeting October 22, 1990 Councilman Peters asked what the funds for active parks might be used for. McFlynn answered playing fields, tennis courts, play grounds. There are 8 criteria for acquisition for open space and are mostly for passive open space. McFlynn said other uses for this open space will have to have voter approval. Also, the land bank will not be diminished. Land of equivalent value would have to replaced. Mayor Stirling said guarantees this cannot be converted is a strong, positive aspect of this ballot proposal. McFlynn said the idea of this ballot measure is that it is an investment, an investment in the quality of life and in the future. That is why the land bank should not be diminished by conversions. Mayor Stirling asked how the county arrived at the 10 percent for stewardship of this open space, and will it be sufficient. McFlynn said this is for new maintenance of existing or new open space properties. Mayor Stirling said having the appointed board make the criteria for open space troubles him because the board members are appointed by the BOCC and are not elected. Fred Peirce said if this fund is controlled by the Commissioners, there would be a question in the voters mind if this is just another source of funding for the county. Peirce said the best open space programs in the country have a board whose sole purpose is to look at all open space in terms of criteria and to prioritize it. The ultimate action is still with the Commissioners. McFlynn told Council whether land is within the city or the county, it is all eligible. Councilman Tuite moved to endorse the proposed county open space ballot question for November 6; seconded by Councilwoman Pendleton. All in favor, motion carried. HIGHLANDS WATER LINE EXTENSION Carol O'Dowd, city manager, recommended staying with the original alignment. Bob Gish, city engineer, told Council this project is at a standstill. Staff is still concerned about tying in Twin Ridge this fall for occupancy 'this winter. Gish told Council the far side of the project has got to be tied into the tank to get adequate fire flows. The balance of the construction through Meadowood has been stopped for this year and will not be completed until next year. Gish said the design capacity for this line is to provide 1500 gallons of fire protection water to twin ridge and Meadowood. The benefit to the Highlands homeowners is that they will have a loop system, two forms of water service. Gish said staff has looked at several alternatives; going across the raw water line easement, which the city has; tying into an existing 8 inch line going up to the tank, which crosses that alignment. This alternative does not increase the line size from 8 to 12 inch and means about 100 gallons per minutes of fire protection will be lost. The 8 inch easement belong to the 5 Aspen City Council Rectular Meet_inq October 22, 1990 Highlands Water and Sanitation District. Another alternative goes behind Godfrey's house up to the tank. This is the most sensitive to the environment; however, the city does not have the easements from Godfrey or the Highlands Skiing Company. Gish said there is 1041 approval for the original alignment from county P & Z. This alignment is the least sensitive to nature and requires large trees to be taken out. Gish said staff is exploring going less depth with an insulated pipeline, which is more expensive. Gish said the cost estimate for existing raw water between Godfrey and Schwartz is $152,000. The power line alignment at the original depth including work stopping, burying the underground, trees and revegetation is $68,500. This cost only includes the revegetation and trees that the Highlands Water and Sanitation District wants. This does not include additional trees going up the alignment. Alan Schwartz said the Godfreys were willing to accommodate the city; unfortunately the Highlands was not willing to cooperate. The second alternative is going down the flume trail, where the city has an easement. Mayor Stirling said Council earlier determined the flume trail was not as environmentally sensitive as the one across the Highlands ; however, that easement involved a lot of exactions. Gish said the flume alignment is less than ideal, not good engineering practices with some maintenance problems. This also reduces the water flow. Gish said the work stoppage is costing over $2,000 per day. Councilwoman Pendleton asked if the city went back to the original alignment, could it be done this fall. Gish said only from where the work has stopped to the tank. Gish said the problem is additional funding; there is no contin- gency left to complete the project. Gish said the revegetation alone costs $47,000. Councilman Peters said he thought Council had agreed to go along the old raw water line. Gish said that is the direction the project was headed; however, the city has not agreed with the homeowners association on the degree of revegetation. Gish told Council there have been threats of legal action by the homeowners association against the city. Gish told Council this project has been stopped. Councilman Gassman asked what the raw water alignment costs. Gish said $152,900 including the trees the homeowners want. Councilwoman Pendleton said this project is getting out of hand and the city should get to a settlement. Councilwoman Pendleton said the city has bent over backwards to work this out. Jed Caswall, city attorney, told Council the city has been dealing with is the Highlands Water and Sanitation District. Caswall said there is some question of them receiving notice; however, the San District does not own any property adjacent to the pipeline and does not have any legal standing to complain about the alignment of the pipeline or any revegetation of any trees. Caswall said 6 AsAen Citv Council Reaular Meetina October 22, 1990 claims might be asserted on behalf of homeowners. The Water and Sanitation District has no legal standing to be involved in any negotiations with the city. Caswall said regarding the trees, this is someone else's property and the city would need agreement of the property owner. The Moores have not been heard on this. Caswall said staff has analyzed this, and it is clear the present alignment is the prudent thing to do not only from a financial standpoint but from an engineering standpoint. Caswall said the city has gone through a 1041 review to get permission to use this alignment. Caswall said going through another 1041 review for a different alignment means that Twin Ridge will not be hooked up this year. Councilman Peters said he is surprised going along the old raw water alignment costs so much more. Alan Schwartz, president of the Highlands Water and Sanitation District, told Council they thought there was an agreement. They have been working with John Musick and had a draft of an agreement, which calls for revegetation. The $47,000 would be incurred in any event for revegetation. Caswall said that agreement was with the Sanitation District, who has no legal standing in this matter. They are not a property owner. Councilman Gassman asked if any parties to the agreement proposing to come up with the $150,000. Schwartz said under the agreement the city was going to pay. Councilman Gassman asked what the benefit to the public at large is from the additional planting. Caswall said the only benefit would be the avoidance of potential litigation. Mayor Stirling said he feels additional discussions are needed and recommended a member of Council join staff in these discussions. Councilman Peters volunteered to be in the discussions on behalf of Council. IN-TOWN SCHOOL SITES Amy Margerum, planning director, said the school board, city and county have formed an advisory committee to look at future uses for the in-town school sites. Since February the advisory committee has met and has come to a consensus on the appropriate uses for the two sites which is presented in a draft policy plan. The recommen- dation is that the red brick school site be retained as is and maintained in school district ownership to be used for day care, child care. If there is space left over, this should be available for rental to non-profit and educational uses. The committee recommended the yellow brick site be retained for community uses and that the city either purchase or trade for that site and use the existing building for community meetings or education purposes, and that the recreational side be upgraded. Ms. Margerum said the committee recommended a small implementation committee be set up to work on implementing the day care program 7 Aspen Citv Council Reaular Meeting October 22, 1990 at the red brick site. The committee should include representa- tives from the school district, CIVA child care task force, day care center and city and county managers. Ms. Margerum said if Council agrees with these basic recommendations, they should outline a process for moving forward with implementation of the yellow brick site. Councilwoman Pendleton said she highly supports the recommendation for the red brick but is having trouble with the yellow brick. Councilwoman Pendleton asked if the housing requirements are dealt with in the recommendation. Mayor Stirling said there is no housing proposed on either of these sites. Some housing may be provided by gifting land or providing housing to the school system. Councilwoman Pendleton asked how much money is required to buy the yellow brick school. Councilman Peters said some of these questions will be answered after Council decides whether the policy is acceptable to them or not. Ms. Margerum said these are basic policy guidelines. The next step is to see if these can be implemented, and if not, the plan will be relooked at and changed. Councilman Gassman said he supports the land use recommendations. The committee has done a lot of work. Councilman Gassman said he would not like to see all the valley's day care end up in one place but would rather see if spread out with the goal of getting day care as close to where people live. Councilman Gassman said the Arts Council supports this draft plan. Councilman Gassman said he is not sure the entire yellow brick school is needed for community meetings. Councilman Gassman supports the recreational uses at the yellow brick school. Carol O~Dowd, city manager, said there are cost savings from putting small programs in the same building with the ability to share capital costs. The task force is looking at infant/toddler, handicap, after school and pre-school. Councilman Tuite stated he agrees with the recommendation, that the sites should be retained in some public use. Councilman Tuite said space for the non-profit groups is crucial. Councilman Peters said there has been a lot of planning on the red brick site; however, the yellow brick site has not had that attention. There are some general goals for that site but no specifics. Ms. Margerum agreed the language for the yellow brick site has been left open. Councilman Peters said one goal is to keep the impacts at the yellow brick site at below what they are now. Councilman Peters said he would like to see Council accept the recommendation of the committee and also to appoint two Councilmembers to continue to process the implementation. Councilman Gassman moved to accept the recommended land use proposal and further recommend that the present Council representa- tives continue representing Council into the implementation part 8 Aspen City Council Regular Meeting October 22, 1990 of the study; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling moved that Councilman Peters and Mayor Stirling join Amy Margerum, Cindy Wilson and Carol O'Dowd in a sub-committee to internally work on the practical issues of how and/or if we can make this happen on the yellow site, financially, in order to meet the goals of the schools district and from that take a recommenda- tion on to both the committee and to the school district; seconded by Councilman Peters. All in favor, motion carried. HYMAN LAND PURCHASE CONTRACT Councilman Tuite said this site seems preferential for development for employee housing. This .is located one-half block from a market. People would not needs cars at this location. Councilman Tuite said this site could also be viewed as essential community services, a mixed project. Councilman Tuite said a bid for $1.1 has been accepted and the city has a 45 day free look. Councilman Tuite requested Council approve studying this property. Mayor Stirling asked if staff has the personnel to do the analysis on this property. Carol O'Dowd, city manager, said the staff can do the financial analysis and the city attorney will continue with the legal analysis. The planning department can do the land use analysis. Ms. O'Dowd said Council is looking at purchasing the yellow brick school site and a contribution to day care. There may not be money for day care. Ms. O'Dowd suggested the city talk to the county about purchasing or contributing to the purchase of this land for affordable housing. Cindy Wilson, finance director, told Council there is $1,200,000 available for housing/day care in 1991. If Council spends $1,100, 000 for this purchase there is not much money left for other projects. Councilman Tuite said he has initiated conversations with the county about this land. Councilwoman Pendleton said she is excited about this site and this project; however, there is some question where the money is coming from. Councilwoman Pendleton suggested the city look at some other purchases and see what are the highest priority. Councilman Gassman moved to ratify the contract for purchase of the Kraut property; seconded by Councilman Peters. All in favor, motion carried. 1992 CULTURAL FESTIVAL FOR INDIGENOUS PEOPLE Mayor Stirling told Council interest has been expressed to him from Noel Brown, director of the U. N. environmental program. Mayor Stirling said there is a draft of the mission statement as well as letters from groups expressing interest and support for this event 9 Aspen City Council Regular Meeting October 22, 1990 in Aspen in 1992. Karinjo Devore said there has been great response from the arts groups in Aspen as well as the United Nations. Ms. Devore requested Council to authorize the Mayor to respond to Dr. Brown indicating the community thinks Aspen would be a great location for this and to let the group proceed in trying to put the program together. Councilman Tuite moved that Mayor Stirling respond in a positi~ way to Dr. Brown's letter; seconded by Councilman Peters. Mayor Stirling said 1992 will be the 500th anniversary of the arrival of Columbus in the new world. Indigenous people are looking for recognition for their contributions artistically and culturally. The United Nations Environmental program feels the decade of the '90s is the last chance for the world to turn itself around. Events emphasizing people who have been in balance and harmony with the environment need to be recognized. The idea is to have a series of events in 1992 tying in with the M.A.A., the Institute, Dance Aspen, etc. featuring things about indigenous people world wide. Robert Hart, M.A.A., asked if the U.N. has seed money for this project or if they will participate in funding the project. Mayor Stirling said initially they are bringing the idea; they are not asking the city to underwrite the project. Dr. Brown is pursuing corporate sponsorship. Councilman Gassman said he is very skeptical about this project. Councilman Gassman said Aspen has their own indigenous artistic institutions who face increasingly large obstacles to healthy life. Councilman Gassman said he can see conflicts between local cultural institutions and an imported one-shot cultural festival. The summer here is very busy; space, accommodations and especially funding are limited. Councilman Gassman said the United Nations has funding available that local groups do not. Councilman Gassman said Council's first obligation is to their own culture and their own institutions. Councilman Tuite said he would like to have more information on this and go to the next stage. Mayor Stirling said the purpose of this is not to draw throngs of people and is to augment not supplant the local arts groups. All in favor, with the exception of Councilman Gassman. Motion carried. SNOWMELT RECOMMENDATION Bob Gish, city engineer, said staff would like to operate the snowmelter the same way one more year. Last year was a low snow year and not a good test for the snowmelter. Gish said a lot of groups have expressed interest in using that land. The staff would like to go through another winter, work with these interest groups and see what can be recommended for next year. Mayor Stirling said 10 Aspen City Council Regular Meeting October 22, 1990 he is not at all interested in using the Marolt property for storage or snow. Gish pointed out space for storage of snow is being diminished and used for other purposes. Councilman Gassman agreed about not using the Marolt property for snow storage. Councilman Gassman moved to accept the recommendation without using the Marolt property; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #69, SERIES OF 1990 - Temporary Storage and Construction Staging Councilman Gassman moved to read Ordinance #69, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #69 (Series of 1990) AN ORDINANCE AMENDING ARTICLE 10 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY EXPAND- ING THE AUTHORITY OF THE BOARD OF ZONING ADJUSTMENT TO GRANT VARIANCES FOR CONSTRUCTION STAGING AND TEMPORARY STORAGE was read by the city clerk Councilman Gassman moved to adopt Ordinance #69, Series of 1990, on first reading; seconded by Councilman Tuite. Bob Gish, city engineer, told Council this ordinance has not been reviewed by the Board of Adjustment. Staff would like to have their comments before second reading. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #70, SERIES OF 1990 - PUD amendment Hotel Jerome Councilwoman Pendleton moved to read Ordinance #70, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #70 (Series of 1990) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, AMENDING THE FINAL PUD DEVELOPMENT PLAN FOR THE HOTEL JEROME (LOTS A-I, O-S, AND THE EAST 20' OF N, BLOCK 79, TOWNSITE OF ASPEN: ALLOWING INCREASED SEASONAL OUTDOOR SEATING TO 125 SEATS, AMENDING THE APPROVED LANDSCAPE PLAN TO INCLUDE A SERVICE DECK, AND APPROVING A LIMITED LIST OF PRIVATE AND PUBLIC "SPECIAL" EVENTS was read by the city clerk 11 Aspen City Council Regular Meeting October 22, 1990 Councilman Tuite moved to adopt Ordinance #70, Series of 1990, on first reading; seconded by Councilman Peters. Kim Johnson, planning office, told Council this is a request by the Hotel Jerome to increase outdoor seating from 44 to 125 seats, retain a small service deck, and to approve a standing list of special events . This has gone .through P & Z , who approved the plan with conditions. These conditions are included in the ordinance. One area of concern was parking at the hotel. Another was employee mitigation; P & Z felt that the calculation used by staff was inadequate. This called for .96 employees seasonally adjusted for the increased seating. P & Z wanted to put a limit on the weddings and private parties to 20 events. Ms. Johnson said P & Z amended the landscaping to require more plantings along the front side of the decks. Nick McGrath, representing the applicant, pointed out there is a positive recommendation for this request and the HPC. McGrath told Council the applicants agree to the increase plantings. Special events are crucial to keeping the Jerome a viable historic landmark in Aspen. McGrath said this is a permitted use in open space. McGrath told Council staff has proposed to restrict an additional .96 of employee housing to meet the new need created by the expansion. McGrath said outdoor summer seating is a substitute. The planning office has calculated the additional employee genera- tion at the full restaurant capacity in the code. McGrath said there is no recognition this is substitute seating. McGrath told Council all calculations for the Jerome are based on the 1986 PUD approval. However, things have changed since then that lessen the prior impact. The tea room at the corner of Main and Mill has been changed to an antique store. Restaurants are higher employee generation than retail stores. McGrath said this change reduces the employee impact by 1 to 3 employees, which is more than .96. McGrath said the 2,000 square foot Silver Queen restaurant is not used for lunch at all. The Jerome is proposing to hire no new people to serve lunches outside. McGrath told Council the Hotel Jerome more than meets the code requirements for employee housing. McGrath said only 9 units at the Cortina are deed restricted for employee housing; however, the applicant voluntarily uses all 17 for employee housing. The Jerome has purchased the North Star lodge, all of which is housing employees. McGrath told Council 50 percent of the Jerome's employees bike or walk to work. McGrath said the Jerome is working with the employees to develop some incentives for using either the city garage or the Jerome's garage. McGrath said they will try and maximize the garage. 12 Aspen City Council Regular Meeting October 22, 1990 Councilman Peters said he has no objections to special events. Councilman Peters said the Jerome should be required to house 2 more employees. The applicants should prove they are living up to the PUD agreement regarding to parking in the garage. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #71, SERIES OF 1990 - Code Amendment Hallam Lake ESA Councilman Gassman moved to read Ordinance #71, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #71 (Series of 1990) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, CREATING THE HALLAM LAKE BLUFF ENVIRONMENTALLY SENSITIVE AREA (ESA) OVERLAY LOCATED ALONG THE SOUTH, WEST AND NORTH OF HALLAM LAKE, AMENDING THE OFFICIAL ZONING MAP AND TEXT OF THE LAND USE REGULATIONS was read by the city clerk Jed Caswall, city attorney, said this is not in the appropriate form and should either be tabled or amended before second reading. Councilman Gassman moved to adopt Ordinance #71, Series of 1990, on first reading with attachment B being included in the ordinance ; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. Tom Cardamone, ACES, said they have been working on this with staff and P & Z for 6 months. Tom Todd, representing Ann Farrish, said the ESA is proposed to go into Farrish's property. They have had numerous discussions about the applicability of this ordinance to Farrish's property. Todd said he has reached an agreement with ACES where the Farrish property would be excluded from the ESA subject to some title restrictions. Caswall said Council his discretion to establish the boundaries of the ESA. REQUEST FOR TRAFFIC SIGNAL AT SPRING & MAIN Dwight Shellman, RFTA representative, said RFTA has the resources to move people from the east to west end of town and to Aspen mountain using their current equipment. Shellman said in order to have this high frequency shuttle a traffic signal is needed at Spring and Main or Original and Cooper. RFTA would prefer the former, which would also service the parking garage. Shellman said the state highway department will authorize this; however, RFTA 13 Asoen Citv Council Regular Meeting October 22, 1990 will have to purchase the stop light. The highway department would like Council's endorsement. Councilman Peters asked if the same thing could be done with stop signs at Cooper and Original. Shellman said the highway department would have to approve any stop signs stopping traffic on highway 82, and they have been reluctant to do this. Shellman said if RFTA tries to negotiate something on this intersection with the highway department, another winter will be lost without this high frequency service. Shellman said there is enormous bus seating capacity available, yet the buses cannot be deployed irY a way that the public can use them. Mayor Stirling said he has not seen the volume at the corner of Spring and Main to warrant a light. Shellman said there is a problem with sight distancing at this intersection. Councilman Tuite said RFTA is not moving people are town as well as they could. Councilman Tuite said he does not favor another traffic light; however, this is for mass transit and moving people. Mayor Stirling moved to suspend the rules and continue to 9:15 p.m.; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Shellman said Original street works better; however, he has been unable to get the majority of the RFTA board to select this alignment. Shellman said this route will enable people in both the west and east ends of town to have frequent transportation and to get them out of their cars. Mayor Stirling said he would rather try the other route before putting a light in at Spring and Main. Councilman Peters agreed he likes the other alternative. Shellman said he has worked with the state for two years on the Cooper and Original intersection and has gotten nowhere. Shellman said there is a lot to do in the transportation area and something needs to be done. Councilman Peters moved to recommend back to the RFTA board that Council's preference is for a workable solution with the highway department at Original and Cooper but it will accept as a second choice the traffic light at Spring and Main; seconded by Councilman Tuite. Councilman Gassman said he has changed his mind over traffic lights. They are objectionable when one is in their car. When a person is trying to cross the street, they are good. Councilwoman Pendleton said she would prefer seeing the traffic light put in to see how this program works. All in favor, with the exception of Councilwoman Pendleton and Mayor Stirling. Motion carried. RESOLUTION #49, SERIES OF 1990 - Opposing Amendment #1 14 Aspen Citv Council Regular Meeting October 22, 1990 Mayor Stirling moved to approve Resolution #49, Series of 1990, opposing amendment #1, deleting section 2; seconded by Councilman Tuite. All in favor, motion carried. Council left the meeting at 9:20 p.m. A I ' !~ ff ~ L~fj / Y ~ y i~, { . j//~ Kathryn Sf., och, City Clerk 15