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HomeMy WebLinkAboutminutes.council.19901112_ Aspen City Council Regular Meeting November 12, 1990 OUTSTANDING EMPLOYEE BONUS AWARDS 1 IN-TOWN SCHOOL SITES CHILD CARE REPORTS 1 CITIZEN COMMENTS 2 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 4 MODIFICATION OF PREMISES - Elk's Club 4 LIQUOR LICENSE HEARING - New York Pizza 5 f LIQUOR LICENSE HEARING - Explore Booksellers 5 LIQUOR LICENSE HEARING - Hard Rock Cafe 5 LIQUOR LICENSE TRANSFER - Pepi's Hideout 6 LIQUOR LICENSE RENEWALS 6 1991 BUDGET FINAL ADOPTION 6 ORDINANCE #60, SERIES OF 1990 - Code Amendment Cottage In- Fill 8 ORDINANCE #67, SERIES OF 1990 - Kellner Condominiumization 10 ORDINANCE #68, SERIES OF 1990 - Ice Garden Rezoning 10 ORDINANCE #69, SERIES OF 1990 - Temporary Storage & Construc- tion Staging 10 ORDINANCE #70, SERIES OF 1990 - PUD Amendment Hotel Jerome 11 ORDINANCE #71, SERIES OF 1990) - Code Amendment Hallam Lake ESA 12 19 91 RFTA BUDGET 15 RFTA TRAFFIC ROUTING ISSUES 15 RESOLUTION #52, SERIES OF 1990 - Ute Trail Townhouses Exten- sion 16 REQUEST FOR FUNDS - Moore Pool 16 SOFTWARE CONTRACT FOR STREETS DEPARTMENT 17 18 Aspen Citv Council Regular Meeting November 12, 19.90 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Peters, Tuite, Gassman and Pendleton present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Stirling and Council presented the Aspen Police Department with a plaque and a check for their contributions during a barricaded suicidal citizen and state visit of President George Bush and Prime Minister Margaret Thatcher. Both of these chal- lenges were met with unique style and grace the police department is known for. Also receiving outstanding employee bonus awards was Rebecca Baker of the parks department for special devotion to the parks department and diligence in helping out the golf department. Judy McKenzie, Jerry Detlefson, John McDermott and Ron Ferguson of the water department all received employee bonus awards for dedication to and holding the :water department together when they were not at full staff. Laura Mattson, finance department, received an outstanding employee bonus award for assuming extra duties during the secretary's maternity leave. Richard Severy, golf department, received an outstanding employee bonus award for going above the call of duty. IN-TOWN SCHOOL SITES CHILD CARE REPORTS Barbara said there is a distinction between CIVA child care task force and their role, and the grant proposal committee. The main goal for CIVA is to advocate quality and affordable programs and to resolve as many child care concerns as possible. Barbara said the task force wanted to create guidelines for Council to use in reviewing proposals. Barbara requested Council set aside a minimum of 25 percent of the sales tax money for child care on an annual basis. Barbara recommended the city fund renovation, construction and capital projects as well as other projects that meet the needs of the criteria. Barbara requested a work session to go over the guidelines with Council. Councilman Peters said Council were purposefully flexible is writing the .45 cent. sales tax question. Councilman Peters said he would also like to discuss the grant proposal and where the task force is going. Councilman Peters said the .45 cent sales tax is a 10 year tax, and he is concerned funding operations on a tax with a sunset provision. Sally Barlow pointed out there are two requests; the CIVA child care task force is suggesting guidelines and the 25 percent of the sales tax money. The other committee is interested in one specific project and is requesting $375,000. Barb Tarbet told Council the Aspen School District has been participating in an early childhood consortium nationwide. Ms. Tarbet said the obligation of the school district by 1992 is to 1 Aspen City Council Regular Meeting November 12. 1990 special education services for pre-school age children. Tarbet said the group looked at pre-school education to be integrated with the handicap. Ms. Tarbet said with the needs of the community and other interests, they have worked on a program to serve these needs and to meet the federal guidelines for handicapped education using the red brick school. Council scheduled a work session November 19th at 5 p.m. to consider both the CIVA guidelines and the grant proposal. CITIZEN COMMENTS 1. George Gleason said a lot of people at the polls last Tuesday were confused by the way the issues were framed on the ballot. Gleason suggested the city and county appoint a citizens ballot review committee. Council agreed to look into this with the county. 2. Phoebe Ryerson endorsed the child care proposal and the work that has been done. 3. Nick McGrath announced he has arranged with the Duplicators to make copies of the city Council packets for a nominal fee. Anyone interested can get a complete copy of the packet. 4. Rick Newton, representing the Aspen Historical Society, requested a work session to discuss having a ski museum in the lift #1 building. Council scheduled this for January 21, 1991. 5. Shirley said if Council can come up with $1,000,000 to renovate a building, they can find money to help people. 6. Hans Gramiger noted that~a recommendation of the pedestrian bikeway report is that certain trails are to be dedicated to commuters. Gramiger said the city has spent money paving entrances to the Marolt bridge and to the hospital and they should be declared commuter trails and plowed all year long. Mayor Stirling said the Marolt bridge is part of the city's cross country network and he would not be in favor of plowing to the surface. Councilman Gassman said this conflict will have to be addressed overall; however, the Nordic Council would like to go through this winter before doing anything. COUNCILMEMBER COMMENTS 1. Councilman Tuite said amendment #1 was defeated. Amendment #1 would have outlawed any city's ability to pass a new transfer tax. Councilman Tuite suggested the staff look at ways to fund the Wheeler when the current RETT expires. 2 Asoen Citv Council Regular Meeting November 12, 1990 2. Councilman Peters said the city attorney's memorandum on the purchase of the conservation Meadows raises a lot of issues and he would rather not approve this on the consent calendar. Mayor Stirling moved to place first reading of Ordinance #74, Series of 1990, as action item 9 (f) ; seconded by Councilman Peters. Jed Caswall, city attorney, told Council in order to address something on the agenda that has not been published Council has to vote to suspend the rules. Councilman Peters moved to suspend the rules regarding notice of the first reading of Ordinance #74, 1990, to effectuate the purchase contract of the Meadows open space; seconded by Mayor Stirling. i Councilman Gassman suggested doing this as the next Council meeting. Caswall said the applicants do not object at addressing this at the November 26th meeting. Councilman Peters withdrew his motion. Mayor Stirling moved to withdraw the Meadows discussion from the consent calendar and place it on the November 2 6th agenda for first reading of proposed Ordinance #74, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. 3. Councilman Peters reminded Council he had been appointed to work with staff and homeowners on the Aspen Highlands pipeline connection. Councilman Peters said most of the pipeline work will be put off until next year. The water department has worked hard to provide an alternative source of fire protection water for Twin Ridge. There is still a lot of work to get the pipeline realigned. This will be done by next spring. 4. Councilman Peters thanked staff for blowing out the sprinklers at the art park. This is a contribution from the city to protect some of the art park's investment in the sprinkler system. 5. Councilman Peters congratulated Vance Packard and the Aspen High School Senate who put on a dance attended by 170 people at the Ice Garden. This was a successful event. 6. Mayor Stirling reminded Council of the goals session November 13th at 3 p.m. Council will analyze Charter and 1989 goals. 7. Mayor Stirling said there are several community meetings scheduled to discuss the rail alignment. The two preferred alignments are the existing Rio Grande and the highway 82 corridor. 3 Ashen Citv Council Regular Meeting November 12, 1990 The meetings will be November 14th at 5 p.m. at the Tenth Hole Bar & Grill; November 28th at trie Snowmass Conference Center, and December 5 at the community center. 8. Mayor Stirling announced the second community comprehensive plan meeting November 15th at 5:30 p.m. at the Community center. 9. Mayor Stirling said the Nebraska Municipal Power Pool will be having a board meeting and site inspection of Ruedi November 20th. CONSENT AGENDA Councilman Tuite moved to approve the consent agenda as amended; seconded by Councilman Gassman. The consent agenda is: A. Minutes - October 22, 1990 B. December Council Meetings C. Park Development Impact Fees for Historic Landmarks D. Maroon Creek Bridge Design Jed Caswall, city attorney, requested Council add the 180 day requirement for filing a plat for Ute Trail Townhomes to the consent agenda. Caswall explained the time expired yesterday. Councilman Peters moved to add: this as IX(f); seconded by Council- woman Pendleton. All in favor, motion carried. Jed Caswall, city attorney, requested Council add to the consent agenda the contract for purchase of the software for the streets department. Councilman Peters moved to add the streets department software purchase agreement as IX(g); seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. All in favor, motion carried. MODIFICATION OF PREMISES - Elk's Club Ed Irwin, manager of the Elk's, told Council they are deleting the first floor from their licensed premises and only having the third floor as a licensed premises. Councilman Peters moved to approve the modification of the Elk's Club liquor licensed premises and to approve their renewal; seconded by Councilman Gassman. All in favor, motion carried. 4 Aspen City Council Regular Meeting November 12, 1990 LIQUOR LICENSE HEARING - New York Pizza Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. John Zabriskie, applicant, told Council he has had a beer and wine license since 1988 and is applying for a three-way license. Mayor Stirling closed the public hearing. Councilman Peters moved that based on the evidence presented at a public hearing held November 12, 1990, regarding the application of John Zabriskie d/b/a New York Pizza for a three-way hotel and restaurant liquor license, the Council finds that the needs of the neighborhood have not been met and the license is hereby granted; seconded by Councilman Gassman. All in favor, motion carried. LIQUOR LICENSE HEARING - Explore Booksellers Mayor Stirling and Councilman Gassman left the room due to conflict of interest. Councilman Tuite opened the public hearing. Katharine Thalberg, applicant, told Council she is applying for a three-way liquor license for the Explore Booksellers. This will not be a bar. Jed Caswall, city attorney, pointed out that this application will not meet the state definitions of "Hotel and Restaurant" and suggested this be tabled until this and the land use issues are resolved. Councilman Peters moved to continue the hearing to the next regularly scheduled Council meeting; seconded by Councilwoman Pendleton. All in favor, motion carried. LIQUOR LICENSE HEARING - Hard Rock Cafe Councilman Tuite opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. Chuck Ross, representing the applicant, presented petitions with 1400 signatures and several letters of endorsement. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed the hearing. Councilwoman Pendleton moved that based on the evidence presented at a public hearing held November 12, 1990, concerned the applica- tion of Hard Rock Investors Ltd XI. for a three-way type liquor license, the needs of the neighborhood have not been met and the 5 Aspen City Council Regular Meeting November 12, 1990 license is hereby granted; seconded by Councilman Tuite. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Pepi's Hideout Councilman Peters moved to approve the transfer of the liquor license to Pepi's Hideout; seconded by Councilman Tuite. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the renewals for Caribou Club, Grape & Grain, Pinion's, Bentley's, Copper Kettle, Grog Shop, Maurice's, Szechuan Gardens; seconded by Councilman Gassman. All in favor, motion carried. 1991 BUDGET FINAL ADOPTION Cindy Wilson, finance director, told Council this is a public hearing both on the 1991 budget and on the use of highway users tax and county road and bridge fund. Ms. Wilson pointed out the proposed 1991 budget includes approximately $725,000 for capital improvements out of property tax revenues. The mill levy without the capital improvement projects is 2.4 mills; with the capital improvements is 5.4 mills. Ms. Wilson told Council the city will get $110, 000 from the highway users tax and $40, 000 from the county road and bridge fund. These are dedicated to the streets main- tenance program, which is budgeted at $378,000. Council requested information on how much the city is subsidizing the rental space at the parking garage. Ms. Wilson said the subsidy is at least $25,000 based solely on the rental cost. In addition, normally tenants pay their own utilities. Council also has discussed the CCLC budget. A 1988 ordinance states 1/3 of the revenue generated from business licenses should be expended for improvements to the commercial district of the city. In the past, this funding has been made available to the CCLC with $20, 000 dedicated to ,reimburse staff for their time spent on these issues. Councilman Peters said it is not appropriate for the CCLC to have a direct relationship with the police department. Councilman Peters said the police department should allocate their resources and personnel as they see fit. Council agreed. Mayor Stirling said Council has tentatively approved the critical incident management unit but would like more information. John Goodwin, police chief, said this request is $10, 000 for funding the Aspen police department's share of the critical incident management unit. The actual funding is closer to $16,000 with equipment and overtime. Goodwin said some of these costs have been absorbed in the department. Goodwin told Council the police department's share 6 Aspen City Council Regular Meeting November 12, 1990 covers about $5,000 in overtime and $5,000 in equipment. Goodwin said there are no special weapons in this plan, only the same sidearms the police carry. There are some tactics that are different than those used by patrol officers. Goodwin said there are some situations that the normal police officers are not trained for. Bob Braudis, Pitkin County Sheriff, told Council this is needed because professionalism, training and equipment save lives. Braudis said there is 5 criteria, all of which have to be present, before CIMU is called out. Goodwin said the equipment requested is work boots, jumpsuits, ammunition, radios and head sets, tape recorder, speaker, and binoculars. Surveillance equipment is not part of this request. Councilwoman Pendleton said she supports this because the agencies in the valley are working together. It is better to have trained people taking care of incidents. Councilman Peters said he read the CIMU guidelines. The deployment guidelines should be tightened up. Art Smythe, Snowmass, told Council his board has also been supportive of this program. This program is responding to a need in the community. Jim Austin, Basalt, said all 4 law enforcement agencies are working well together. The fact that it is a joint project gives some checks and balances . Mayor Stirling said he has not interest in funding surveillance equipment. Councilman Peters moved to approve the critical incident management training grant; seconded by Councilwoman Pendleton. Councilwoman Pendleton asked how the funding for city hall renovation will be shown. Ms. Wilson said a new fund has been created. This is included in the budget resolution. Councilman Gassman suggested the 10 year capital program be amended to show continuing expenditure for city hall. Councilman Gassman said future Council cannot be obligated to spend this money. Mayor Stirling suggested that two months reserve is too conservative. Mayor Stirling said he would like to see this second month allocated toward city hall. This is about $550,000 annually. Councilman Peters said he would be willing to look at a realloca- tion of capital expenditures; however, it will be very difficult to get capital improvements and a renovation of city hall. Councilman Peters suggested resubmitting to the voters a .10 cent sales tax for city hall renovation. Councilwoman Pendleton said she does not want to see city hall put off for 10 years. Mayor Stirling moved to have only a one month appropriated reserve in the general fund for 1991. Motion DIES for lack of a second. Mayor Stirling opened the public hearing. 7 Aspen City Council Regular Meeting November 12, 1990 Harry Truscott asked about housing funds. Ms. Wilson said the housing department budget will~be developed separately. Katherine Lee asked about the reserves. Mayor Stirling said in each fund there are monies allocated for reserve. Councilman Gassman moved to approve the 1991 budget in Resolution #50, Series of 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. The ten year plan as amended is approved in the motion just made with the understanding there will be further discussion about the ten year plan. Council agreed to have this at the first work session in February. Councilman Peters moved to approve Resolution #51, Series of 1990, adopting the 1991 mill levy; seconded by Councilman Gassman. Ms. Wilson told Council she has a statement of assessed valuation for the city; however, it could change. The state wants to look at the determination of the assessed valuation, which may or may not affect the valuation. Mayor Stirling said the 3 mills is long overdue for a reliable source of money for capital improvements. Mayor Stirling said he feels strongly this should go to an election. Councilman Tuite agreed. Councilman Peters asked is staff has made plans for rebates to seniors and people on fixed incomes. Ms. Wilson said she will come back with a separate ordinance at the next meeting. Mayor Stirling closed the public hearing. All in favor, with the exception of Councilman Tuite and Mayor Stirling. ORDINANCE #60, SERIES OF 1990 - Code Amendment Cottage In-Fill Leslie Lamont, planning office, told Council this ordinance will enable detached accessory dwelling units throughout the city through conditional use review process. These units will be deed restricted to resident occupancy and cannot be subdivided and sold separately. This ordinance will enable P & Z to vary some dimensional requirements. Ms. Lamont told Council since first reading she has added some clarification language which should help prevent the demolition of existing structures. Ms. Lamont pointed out she has added to the sentence "a detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, excepting parcels with existing structures to be diverted to detached accessory, dwelling units, detached garages or carports where an accessory dwelling unit is proposed above attached to or contained in such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B 8 Ashen Citv Council Regular Meeting November 12, 1990 zone district." Ms. Lamont reminded Council anything above the 350 square feet comes out of the free market floor area. Roxanne Eflin, planning office,, said at the first hearing Council asked staff to look at 3 things. One of these was the incentive program. Ms. Eflin said they will be working with the finance department to develop a financial incentives program and return to Council in December with that program. Ms. Eflin said staff is also working on a brochure to outline the entire housing program. This will include the intent of the program and how to use it. Mayor Stirling opened the public hearing. Lennie Oates commended the staff on this proposed ordinance the way it was originally designed, cottage in-fill in the historic areas and R-6 zone district. Oates said extending it to the entire city is premature. Oates said there is no inventory of existing structures that will come in for redevelopment. Oates said this ordinance will be generating redevelopment of primary residences. Councilman Peters said that is not his intention in the ordinance. Ms. Lamont said the language reads one could take an existing structure of 800 square feet and turn it into a detached accessory dwelling unit; however, each zone district has allowable floor areas and site coverage. The only bonus given is 350 square feet; anything above that comes out of the floor area for the parcel. Ms. Lamont said in developing this ordinance, staff and P & Z discussed "subordinate" and "compatibility", which is why the guidebook will be important. Gideon Kaufman said when there is no alley for access, this ordinance may have no historical context and the accessory dwellings may not look good. Kaufman asked what will prevent someone from converting their garage into an ADU, then building another garage. Ms. Eflin said garages are exempt up to 500 square feet; after that it counts in the floor area. Ms. Eflin said staff talked about having a one-time 500 square foot exemption for garages. Councilman Peters said the net increase is only 350 square feet out of the allowed FAR. Mayor Stirling closed the public hearing. Ms. Lamont said the code allows a 500 square foot exemption for a garage, but does not say you only get one exemption. Ms. Lamont said the planning office has the ability to do a zoning interpreta- tion and policy statement that an applicant gets 500 square foot exemption once. Ms. Lamont suggested a review process in one year to evaluate the success of the program. Councilman Peters said the city will have to rely on the conditional use review to weed out any applications that are not in the spirit of this ordinance. Councilman Peters said the 700 square feet allowable is too big; 9 Aspen Citv Council __ Regular Meeting November 12, 1990 it should be 600. Councilman Peters said it will be better if these cottages are kept more cottage like. Mayor Stirling moved to add a new section for an automatic review and to track with Ordinance #1 review; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Peters moved to adopt Ordinance #60, Series of 1990, with 700 square feet be decreased to 600 square feet allowable floor area. Motion DIES for lack of a second. Councilman Gassman moved to adopt Ordinance #60, Series of 1990, on second reading as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Tuite, no; Gassman, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #67, SERIES OF 1990 - Kellner Condominiumization Mayor Stirling left the room due to conflict of interest. Kim Johnson, planning office, reminded Council this is the condo- miniumization of an existing duplex in the Victoria Square subdivision. Mayor Pro Tem Gassman opened the public hearing. There were no comments. Mayor Pro Tem Gassman closed the public hearing. Councilman Peters moved to adopt Ordinance #67, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Tuite, yes; Mayor Pro Tem Gassman, yes. Motion carried. ORDINANCE #68, SERIES OF 1990- Ice Garden Rezoning Mayor Pro Tem Gassman opened the public hearing. Fred Peirce said he supports this rezoning; it makes sense to bring the building into conformance with what it is used for. Mayor Pro Tem Gassman closed the public hearing. Councilman Tuite moved to adopt Ordinance #68, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, no; Mayor Stirling, yes; Councilman Gassman, yes. Motion carried. ORDINANCE #69, SERIES OF 1990 - Temporary Storage & Construction Staging Mayor Stirling opened the public hearing. 10 Aspen City Council Regular Meeting November 12, 1990 Councilman Gassman moved to continue the public hearing to December 10, 1990, for referral to the Board of Adjustment; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #70, SERIES OF 1990 - PUD Amendment Hotel Jerome Mayor Stirling opened the public hearing. Kim Johnson, planning office, said at the first reading concern was expressed about employee parking in the hotel's parking garage. Ms. Johnson said in a 1986 letter from Perry Harvey states there will be 27 parking spaces designated for employees. Nick McGrath, representing the applicant, said the applicant intends to do something about the garage, which will help parking in the neighborhood. Ms. Johnson said specific items requested are the outdoor seating increase and the resulting .96 employees being generated from that using the city's employee generation calcula- tions. Ms. Johnson said the applicants are requesting to maintain the small service deck and to have approval of a list of special events. McGrath said most conditions are acceptable to the applicants. McGrath noted the planning office asks for an additional housing requirement of .96 employees as a formal requirement. McGrath said outdoor summer seating is a substitute for indoor seating. The calculation by the planning office is at the full restaurant rate times only the reduced percentage for the summer; it is as if there is no other restaurant on site. All the calculations were made under the 1986 proposal for the Jerome. McGrath told Council since the 1986 approval, the tea room has been changed to an antique shop. At the GMQS employee housing calculations, restaurants generate 2 times more employees than retail space. The Jerome is not going to hire additional help for the outdoor space in the summer. McGrath told Council the Jerome is currently doing far more on employee housing than the code or PUD requires. The Cortina has 17 restricted units, only 9 of these are restricted for the use of the Jerome; however, they are using all of them. The North Star was purchased to house employees. It is not restricted, but is being used for employee housing. McGrath requested approval of the ordinance omitting the .96 requirement for employee housing. Councilman Peters said he feels the housing requirement is low rather than high and would rather see it at 4. Councilman Peters moved to amend the employee housing requirement to 4. Motion DIES for lack of a second Councilman Gassman moved to adopt Ordinance #70, Series of 1990, as amended on second reading; seconded by Councilman Tuite. This 11 Aspen City Council Regular Meeting November 12, 1990 includes having the spaces in the garage marked within 30 days as well as PUD plat amended to reflect the location of these. Roll call vote; Councilmembers•Pendleton, yes; Gassman, yes; Tuite, yes; Peters, no; Mayor Stirling, yes. Motion carried. ORDINANCE #71, SERIES OF 1990 - Code Amendment Hallam Lake ESA Mayor Stirling opened the public hearing. Kim Johnson, planning office, showed Hallam Lake and ACES property with the 7850 elevation line which creates the downhill boundary of the ESA. The area is 100 foot width measured from the elevation point. Most of the residential development is in the 100 foot band, which constitutes the ESA. Ms. Johnson said increasing encroachment by development along the Hallam Lake bluff has concerned ACES for awhile. Tom Cardamone of ACES has been working one to one with property owners above the lake. This does not always work. Cardamone has been working with the planning staff to develop some protective measures to give the review process to P & Z. The ordinance has a review standards for development on lots that border the lake. The ordinance prohibits development below the top of the slope. This will help maintain existing vegetation and is critical for visual, noise and light impact down the slope to the lake. From the top of the slope back to 15 feet, the ordinance allows development at grade, like patios and at grade decks. At 15 feet and further, development would be allowed under a review process. A height limitation is established in the ordinance. P & Z wanted staff to look at specific limitation to development. Ms. Johnson presented Council with examples of 3 lots to determine the impacts of development on these lots. Ms. Johnson said building envelopes remain a functional size; the terms of this ordinance do not unduly limit potential development on a lot. Ms. Johnson told Council the ordinance sets up a different side yard setback; the area below the top of the slope is excluded from land area, which relaxes the side setbacks. Ms. Johnson said the Hallam Lake bluff is a unique situation being perched over a nature preserve right in the middle of town. It is one of the city's goals to maintain the quality of the nature preserve. Tom Cardamone, representing ACES, told Council he worked with and reviewed agreements surrounding Hallam Lake in developing this ordinance . Cardamone said his goal was to have mutually beneficial agreements. Cardamone said applying this ordinance consistently to all adjacent property owners will give it its strength; exceptions could be a problem., There is the ability to go through a special review process if there is a hardship. 12 Aspen City Council Reaul'ar Meetinq November 12, 1990 Paul Taddune, representing the Merriams owners of property at the end of the proposed bluff area, reminded Council his clients negotiated with ACES to try and resolve all of their concerns and were successful in doing that. Taddune requested Council recognize and acknowledge their willingness to negotiate by not including them in the bluff zone. All of ACES's concerns were addressed by the Merriams and to include them in the bluff would be unfair. Taddune said it is not necessary to have any more regulations governing the Merriam property. Taddune pointed out this property is at the tail end, and there is some logic to not including them in the bluff overlay. Taddune said in a side agreement, the Merriams in recognizing the importance of ACES agreed to donate a certain percentage of the sales prices when any of the properties sell. The Merriams also granted a conservation easement, over an acre of land, and also granted an easement along the river. Tom Todd, representing Ann Farrish, told Council his client is also working with ACES and would like to have the same opportunities that the Merriams had. Todd pointed out the Farrish parcel, half of which is over the slope and borders on the lake. This ordinance would take away 50 percent of~the land, would add a new setback, and would place a height restriction on any development. Ann Farrish said Council' s goals of being fair to visitors and citizens alike and being sensitive to each other are not being met by this ordinance. Ms. Farrish told Council she was not informed a lot split was taking place next door to her. Ms. Farrish said there are not other people protesting this ordinance because their houses do not exist. Ms. Farrish said she does not see a reason for the rush. Jim Moran asked how many properties will become non-conforming as a result of this ordinance. Ms. Johnson said she did not know. Moran suggested almost all of the properties will become non- conforming, which Council has tried to avoid. Moran said the property line of most properties is coincidental with the bluff so that the 15 foot setback from the top of the bluff may add 5 feet to the existing 10 foot setback requirement. On Mrs. Farrish's property it will increase the setback to about 110 feet. Moran said there is also a height restriction. These make it almost impossible to design a house. Michael Doyle, representing the Moores, told Council they are developing the property. The regulations seem fair; however, what has been lost is a review on a site by site basis . There are a limited number of property owners that would be affected. The regulations seem to be rigidly written. Mayor Stirling said there is a real need for this code amendment; however, he is concerned about some of the issues being raised. Taddune reiterated the Merriam property with all the agreements and 13 Aspen City Council -Regular Meeting November 12, 1990 restrictions does not present a threat and does not present impact. Councilman Peters said he feels this is good policy and everyone should be included equally. Councilman Peters said two items of value have to be considered. One is the ability to get a lot split in this area . This Council has been very generous in approving lot splits to property owners along the bluff without a lot of controversy. Previous Council had denied such lot splits. Councilman Peters said the city is trying to maintain Hallam Lake and the preserve. Councilman Peters pointed out Hallam Lake acts as a value enhancer to all property owners along the bluff. Ms. Johnson noted that the ESA does not only address building enve- lopes; it also addresses lighting, landscaping, and activity level generation. Taddune said ACES has already been a referral agency and would support the Merriams being excluded from the zone. Taddune asked some recognition be given for people who voluntarily went out of their way to cooperate. Councilwoman Pendleton asked about a special review for some of the affected lots. Ms. Johnson said the ordinance sets up an ESA review. A special review procedure is set up for any encroachment beyond the 15 foot setback line. Councilman Gassman said one has to ask if there is a legitimate public purpose being served by the legislation. Councilman Gassman said there is. Is achieving the public purpose, preservation of Hallam Lake, going to affect all property owners equally. No, there are unique situations on every lot which will prevent everyone being equally affected. There is a special review procedure in the ordinance. Councilman Gassman said the proposal has been reviewed and has gone through a lot of analysis and research. The property owners have the benefit of the lake. There is an obligation to preserve that benefit. Councilman Gassman moved to adopt Ordinance #71, on second reading as amended; seconded by Councilman Peters. Councilman Tuite asked if the Merriams property should be included in the ESA. Cardamone said the ordinance is acceptable. Cardamone told Council the agreement witjh Merriam also includes a conserva- tion easement going down the hillside. Cardamone said this ordinance would require the stepping back of any building on lot 2, which is the smaller lot. Lot 1 would require a 15 foot setback and a stepping back of the building. The terms of the conservation easement require the hillside be left in its natural state. Cardamone said the additional burden of the ESA would be the stepping back, 15 feet back you can be 15 feet high. Mayor Stirling said it is incumbent upon Council to look at the long term best interests of the town. Ms. Johnson told Council the special review takes place upon request of an applicant when they are proposing a development not at grade within the top of the slope and the 15 foot setback. There are 4 special review 14 Aspen City Council Regular Meeting November 12, 1990 standards to be addressed. Moran said the ESA also applies if one is seeking a height restriction relief. The standards in the special review have to be met, they are not mere guidelines. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to suspend the rules and meet until 10 p.m.; seconded by Councilman Peters. All in favor, with the exception of Councilwoman Pendleton. Motion carried. 1991 RFTA BUDGET Dan Blankenship, RFTA manager, told Council RFTA is budgeting a 4 percent increase in sales tax revenues to bring in about $2.5 million. Blankenship said they feel this is a conservative estimate. The fares should bring in about $1.3 million. There are small revenues for interest and grants from Eagle county. The operating costs are $4,074,000. Blankenship said the service for 1991 will be much the same. The Silverking route will not be reinstituted. Blankenship said RFTA will continue the discounted downvalley fares. There is a 5 percent cost of living and a 5 percent merit increase for personnel. A large part of the budget increase goes to fuel and insurance costs. Blankenship told Council RFTA reduced a number of fixed costs in order to get a balanced budget. Councilman Gassman moved to approve RFTA Resolution 90-9; seconded by Councilman Peters. All in favor, motion carried. Councilman Gassman moved to approve RFTA Resolution 90-10; seconded by Councilman Peters. All in favor, motion carried. RFTA TRAFFIC ROUTING ISSUES Dwight Shellman showed a route called the hook, with buses coming in and out on Main street. At the last Council meeting, Council was advised the hook (two buses running over the same alignment) route would be run. Shellman said the purpose is to expose empty seats for people to use as a cross town shuttle. Shellman said at the last Council meeting, they indicated they would approve a light at Spring and Main but would rather see the hook accomplished without this signal light. Shellman said he has opened discussions with the highway department and bus drivers as to how this might be done without a traffic signal. Shellman said the buses would turn south on Main to Rubey park. The buses would come back on Original to Main. Shellman said this route is consistent with some plans the highway department has to change the stop signs at Cooper and Original. The highway department will cause inbound traffic on Cooper street to turn right and not be allowed to go through. 15 Aspen City Council Regular Meeting November 12, 1990 Shellman said this plan is not realistic for this winter any more. RFTA has some reservations about how this might work. Shellman asked Council in lieu of asking for the light to instruct RFTA that the hook will be implemented in the spring on a permanent basis. Councilman Gassman said the idea of having a transportation agency is that they handle transportation. Councilman Tuite said the highway department looks for approvals from the city rather than RFTA. Shellman said he has been trying to accomplish this for years and he is asking Council to ask RFTA to get this done. Mayor Stirling moved to support the variation as presented by Shellman; seconded by Councilman Gassman Eve Homeyer, RFTA, told Council the hook has been tried twice and has not engendered any interest except a great deal of hostility among the bus drivers. Ms. Homeyer said this route will cost at least $13,000 in extra fuel, a great deal of time and hinders the bus schedule. All in favor, motion carried. Mayor Stirling moved to table ACRA Request to join ACRA Board; Ordinance #72, 1990 - 734 West Smuggler Condominiumization, and Ordinance #73, 1990 - Amending Housing Guidelines to November 26, 1990; seconded by Councilman Gassman. All in favor, motion carried. RESOLUTION #52, SERIES OF 1990 - Ute Trail Townhouses Extension Mayor Stirling left the room due to a conflict of interest. Jed Caswall, city attorney, told Council this is a request to approve a 180 day extension as the time to file the PUD expired Saturday. Caswall told Council the delay in getting this done may be because this project is the subject of litigation. The court could find these approvals are invalid. Caswall said it makes sense to continue for 180 days the recording deadlines. Councilman Peters moved to approve Resolution #52, Series of 1990, approving the 180 days extension; seconded by Councilman Tuite. All in favor, motion carried. REQUEST FOR FUNDS - Moore Pool Bill Efting, Assistant City Manager, told Council there is $51,000 left in the capital improvement budget which was budgeted to buy another snow melter. Mayor Stirling moved to grant up to $27,692 from the source described; seconded by Councilman Tuite. 16 Aspen City Council Regular Meeting November 12, 1990 Councilman Peters pointed out Aspen Rental is giving a 50 percent discount for the construction of the pool cover. This is real community spirit. All in favor, motion carried. SOFTWARE CONTRACT FOR STREETS ,DEPARTMENT Carol O'Dowd, city manager, told Council this is budgeted in 1990 from the auction of equipment. Ms. O'Dowd said the program will help in productivity. Councilman Gassman moved to approve the streets department software purchase agreement; seconded by Councilman Tuite. All in favor, motion carried. Council left the meeting at 10 p.m. Kathryn S Koch, City Clerk 17