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HomeMy WebLinkAboutminutes.council.19870427Regular Meeting Aspen City ,Council April 27, 1987 EMPLOYEE BONUS AWARDS 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 ORDINANCE #11, SERIES OF 1987 - Historic Preservation Code Amendment 3 ORDINANCE #14, 1987 - Restaurant Grills 6 ORDINANCE #16, SERIES OF 1987 - Appropriations 8 REQUEST FOR ENCROACHMENT - Hunter Plaza Building 8 LODGE IMPROVEMENT DISTRICT 8 RESOLUTION #14, SERIES OF 1987 - Aspen Grove Annexation 11 LIQUOR LICENSE HEARING - Lauretta's of Aspen 12 FINAL SUBDIVISION - 700 East Hyman 12 SPA AMENDMENT - Clark's Market 12 SUBDIVISION EXCEPTION - Adams 14 ELECTRIC UNDERGROUNDING CONTRACTS 14 REQUEST TO WAIVE TAP FEES - Aspen Valley Hospital 15 COMPARABLE WORTH; PAY FOR PERFORMANCE; HEALTH & FITNESS RECOMMENDATIONS 16 CITY HALL REPORT 18 GOLF COURSE CULVERT PROJECT 19 REQUEST TO USE LOTTERY FUNDS - Mall and Golf Course Rest- rooms 19 ORDINANCE #17, SERIES OF 1987 - Refunding 1985 Sales Tax Bonds, Issuing $600,000 19 ORDINANCE #18, SERIES OF 1987 - Maroon Creek Hydropower Bonds 21 ORDINANCE #19, SERIES OF 1987 - Appropriations 21 23 Regular Meeting -- Aspen Cry Council_ April 27. 1987 Mayor Stirling called the meeting to order at 5: 00 p. m. with Councilmembers Isaac, Walls, and Collins present. EMPLOYEE BONUS AWARDS Council presented an outstanding employee bonus award to Daniel Pierce, Ice Garden, for work exceeding normal job requirements, willingness for flexibility and a personal commitment to the Ice Garden. Pierce received a check for $350 and a certificate. Council presented an outstanding employee bonus award to Ron Ferguson, water department, f or exceptional performance, beyond the requirements of the job, and a safety improvement at the water plant. Ferguson received a check for $350 and a certificate. Council presented an outstanding employee bonus award to Steve Burstein, planning department, for exceeding normal job requirements, processing city planning case load, and assisting the historical preservation committee. Burstein received a check for $175 and a certificate. Council presented an outstanding employee bonus award to Cindy Anderson, finance department, for work on the city's financial statements which will save time in the publication and to present a professional publication. This also will save staff time in the future. Ms. Anderson received a check for $175 and a certificate. CITIZEN COMMENTS 1. Tony Mazza told Council he applied for an encroachment license in March for an 8 inch below grade encroachment at Hunter Plaza. Mazza told Council he was too late to get on the agenda and the immediacy is that the closing is this week, and construction is to start this week. Mazza requested Council add this to the agenda. Elyse Elliott, engineering department, told Council she has contacted the referral agencies, and there are no problems with this encroachment. Councilman Isaac moved to add this to the agenda as the first action item; seconded by Councilman Collins. All in favor, motion carried. COUNCiL~lEMBER COMMENTS 1. Councilman Isaac said the city increased their sales tax receipts 17 percent over 1986. The county sales tax increased 12 percent, yet the city's share was only 10 percent over last year. Councilman Isaac questioned the disparity in the f figures. Assistant City Manager Mitchell said the city's portion of the county's sales tax has been increasing at a decreasing rate f or the last couple of years. Mitchell said Snowmass sales tax has been growing faster than Aspen's. Mitchell said the percentages are based on agreement made a number of years ago. Councilman 1 Regular Meeting _- ___ Aspen Citv Council AAril 27.,....1.987 Isaac said the city is discussing annexation, and Council should discuss the sales tax division with the Commissioners. Mitchell said once the city is finished with annexation of key areas, staff is recommending negotiating a change in the agreement with the county. Councilman Isaac said he would prefer discussing this with the Commissioners before annexation is completed. 2. Councilman Collins said the county is proceeding with the Viet Nam Memorial at the Courthouse. Councilman Collins said he would like staff to investigate how the city can participate in this endeavor. Councilman Collins requested this be on the next Council agenda. 3. Mayor Stirling reminded Council of a work session May 18 with the Commercial Core and Lodging Commission, and a work session June 1 on the transportation element. City Manager Bob Anderson said he would like to schedule discussion on the Red Roof Inns proposals and extending the deadline for SAT time. Councilman Collins said if ground rules are set up, all applications have to be treated in the same manner. Anderson said this is the second round, and it seems appropriate to stick to the deadlines. Anderson said he was responsive to gathering more bidders for the preliminary stage but is less inclined to do that at the second round. Councilwoman Walls agreed once a deadline is set, it should be stuck to. 4. Mayor Stirling said the letters sent out for the underground district gave too short a response time. Mayor Stirling requested that the time to respond be extended. Staff does not feel this will jeopardize the project. Mayor Stirling moved the deadline be extended two weeks; seconded by Councilman Collins. All in favor, motion carried. 5. Mayor Stirling said he would like the southbound traffic on Mill street be able to turn right on to Main at red lights during the construction on Bleeker street. Mayor Stirling moved staff look at making this a more efficient turn situation; seconded by Councilman Collins. All in favor, with the exception of Councilwoman Walls. Motion carried. 6. Mayor Stirling brought up chip and sealing the Rio Grande parking lot and Spring street extension. Mayor Stirling requested staff look at how much this would cost and how it would fit into the street department work schedule. Mayor Stirling moved to direct the city manager to look at these costs; seconded by Councilman Collins. All in favor, motion carried. 2 Reguiar Meeting -Aspen Citv Council April 27. 1987 7. Mayor Stirling congratulated staff on getting the parking lot agreement with the Aspen Mountain lodge worked out. 8. City Manager Bob Anderson asked Council if they would like Red Roof proposals scheduled for May 11. Council agreed with that schedule. ORDINANCE X11. SERIES 0~' 1987 - Historic Preservation Code Amendment Steve Burstein, planning office, reminded Council at the last hearing, comments were made about the length of the ordinance and some provisions in the ordinance. Burstein pointed out that exempted activities, like interior remodeling and exterior painting are no longer subject to any review or application. Currently the HPC can suspend action up to 6 months on demolition. Council expressed interest that there be a show of good cause before HPC can do so. This has been incorporated into the ordinance. HPC has to specify additional information, or alternatives that should be studied during the time of suspended action. These decision are subject to appeal of Council. Burstein noted in the revised ordinance, Council has been given greater discretion to resolve appeal situations. The options created are to reverse the decisions of HPC, altering conditions of approval, change the length of suspended action, or to remand action back to HPC. The demolition review has been changed to add all the structures in the Main street and Commercial core districts and to add structures evaluated at 4 and 5 by the HPC. The ordinance has a section which explains the demolition procedure and also explains how the inventory was created. This inventory includes all landmark structures as well as undesignated structures built prior to 1910 and other identified outstanding examples of modern architecture. Burstein reminded Council HPC did the evaluation of structures at 5 public meetings in January. Burstein suggested there be a ratification of Council of the structures evaluated. City Attorney Taddune suggested "and ratified by ordinance of the City Council" be inserted in the ordinance so that the HPC is not legislating without Council action. Burstein said one of the criticisms of this ordinance was redundancy. Staff has worke d hard to eliminate redundancy and to consolidate language in the ordinance. The masculine references have been dropped. Burstein said another criticism is that the ordinance is too long. The ordinance contains whereas clauses to trace the legislative history, which is important. The ordinance may be shortened through the codification process. This ordinance does 3 ReQUlar- Meeting Aspen CitX Council April 2], 1987 give a logical f ormat, the submission requirements are listed f or each process, there is a distinct exemption procedure, standards for review are in the ordinance to help HPC and the applicants. there is a stronger demolition process to protect Aspen's historic resources. Burstein told Council the code simplification consultants have reviewed this ordinance and feel it is consistent with their work. Burstein recommended adoption of this ordinance. Burstein suggested a change to 24-9.2 (d) (3) (vii) regarding delivery to principle address of HPC members 2 days in advance of a special meeting. Taddune said this will be consistent with the adopted Council practices. Taddune pointed out in section (6) (ii) if there is no quorum and a matter is postponed for more than 3 regular HPC meetings, the application shall be deemed approved. Taddune said the intention was to facilitate an application, but this section may give rise to procedural questions. Taddune recommends this paragraph be deleted. Burstein recommended in 24-9.3(a) "any structure or public site" that the word public be deleted. Burstein asked Council whether they would like affected parties have the right to appeal as well as the applicant. Mayor Stirling opened the public hearing. Sally Roach said the public has been waiting f or guidelines f or what was used to inventory and to designate numbers f or historic structures. Ms. ,Roach said there should be a chance to public review on comment on these guidelines. Ms. Roach said this ordinance should not be adopted until it is known what the incentives are. Ms. Roach said the HPC guidelines should be clarified and adopted before this ordinance is adopted. Ms. Roach said one of the biggest problem appearing before HPC is the lack of a quorum. This is a critical issue and HPC should be held accountable. If an applicant is appearing before the HPC and cannot get a quorum, the project should be approved. Jim - -_ -- - _____, property owner at 610 West Hallam, told Council he was just informed this structure has a 4 on the inventory. _______ said he would like to know what the incentives will be and what he can and cannot do before this ordinance is passed. - said he has j ust found out what the "score" of his structure was, and feels that the public is not informed of these. Burstein told Council the notification process was for the actual town meetings. There was not an official notification of the scores of the structures. Mayor Stirling said he feels property owners with scores of 4 or 5 should be notif ied if this is going to be included in the ordinance. 4 Regular Meeting Aspen Citv Council April 27.-1987 Burstein said the incentives and historic guidelines are a whole packet but separate from this ordinance. The ordinance accomplishes a demolition process and an improved review process. Mayor Stirling said all property owners who received scores of 4 and 5 should be notified, and this public hearing should be continued until May 11. Burstein reminded Council they favored the structures scored 4 or 5 to be included in the demolition review. Mayor Stirling said these people should still be notified that their structures are scored 4 or 5. Wayne Stricker said the public is in limbo as they do not know what the incentives are or if these guidelines are mandatory. Mayor Stirling said the only mandatory aspect is houses that were graded 4 and 5 and those in the historic districts would be subject to a review before obtaining a demolition permit. Mayor Stirling said this ordinance will help the HPC to function during this building season more clearly than the way the Code is currently written. Mayor Stirling said staff has pre pared an ordinance for consideration in June containing land use incentives f or historic preservation. The council will have to deal with financial incentives. Jim Colombo said the incentives should be simultaneously adopted with this ordinance. Colombo said it is important to leave in the 3 meeting, no quorum section of the ordinance. Mayor Stirling closed the public hearing. Burstein said staff can notify all property owners within the next f ew days of their evaluation scores. Councilwoman Walls pointed out this process has been going on for months. The Council has had lists of all historic buildings. Council started this process because they were concerned that historic buildings were disappearing. There are only 45 buildings left on the list of buildings scored 4 or 5. Councilwoman Walls said she does not feel asking people to go through an HPC review is that difficult. Councilman Collins said historic preservation has been a voluntary endeavor and it should continue that way. Councilman Collins said if a structure is on the list of 4 and 5, they should be notified and given an opportunity to respond. Councilman Coll ins said some peopl a may not be aware they are on the list, and if the list is included in the ordinance, these property owners have to be given notice. Councilman Collins said he would like to continue this for two weeks in order to give notice. Mayor Stirling moved to table final consideration of Ordinance #11, Series of 1987, until May 11, 1987, and instruct the planning off ice to notify all 4's and 5's that will be part of 5 Rcaul-ar-Meet-ing Aspen City Council -April 2~. 1987 the demolition review to give notice; seconded by Councilman Collins. Mayor Stirling noted that the issue of expertise of HPC members becomes more important as they are given a broader scope. Mayor Stirling suggested as a minimal requirement the new members be able to read blueprints and that there be an orientation given to new members. Councilman Isaac said this should be a practice of Council appointments rather than included in the ordinance. Council agreed with delivery of special notice to HPC members' principle address. Mayor Stirling moved to include that language in the ordinance; seconded by Councilman Isaac. Councilman Collins said if the Charter states how special meetings should be notified, or if the Charter delegates that to certain bodies in their by-laws, this seems unnecessary. City Attorney Taddune said the code consultants are recommending these types of rules all be codified. The Charter does not set forth rules for the City Boards. Taddune said he feels members will having a better chance of receiving notice of special meetings if these are delivered. Councilman Isaac said he would like to see flow charts produced as part of the Code for each application and how long these take. Councilman Isaac said he would prefer deleting the section that 3 HPC meetings without a quorum would result in approval. Councilman Collins said there ought to be some recourse either to P & Z or Council, if a quorum cannot be obtained in 3 meetings. Mayor Stirling agreed this section should be deleted. Council agreed to add the language in ( f) (3 ) ratifying by ordinance of the Council so that property owners will be notified. Council agreed to insert that adversely affected parties may also appeal to Council. All in favor, with the exception of Councilwoman Walls. Motion carried. ORDINANCE-#34, 1987 - Restaurant Grills Tom Dunlop, environmental health department, told Council they have options 1) not to pass this ordinance, 2) to enforce the existing 1 aw to only require new or extensively remodeled establishments to install control devices on their ventilation systems 3) to enforce the existing law and to require compliance with the 15 percent fat content provision, w hick ha s not bee n enforced because of the complexities and unfairness in enforcement. Dunlop told Council this option would require an administrativ a guideline to allow the department to determine which meats contains 15 percent or greater fat content. 4) would 6 Regular Me ting Aspen City Council April 27_, 1987 be to create a new law grandfathering the existing establishments and only require new, extensively remodeled establishments, those with dramatic menu changes, or new ownership to comply with a new ordinance. 5) would be to adopt ordinance #14 and depend on the practical or economic hardship variance provision. Option 6) would be to continue with option 2 and have the environmental health department continue to research the impacts. Dunlop said people in the restaurant industry have commented that it is physically impossible to install electric static precipitators in some buildings. Dunlop told Council they have received conflicting statements on the cost of this type of equipment. Dunlop said restaurant owners feel Council should consider temporary tax relief for installing controls, as Council considered in the woodburning devices legislation. Mayor Stirling opened the public hearing. John Walla, representing the restaurant association, told Council they concurred with not approving the ordinance on second reading. Walla said the guidelines on the 15 percent or greater fat content may be outdated. Walla said the technology is on the way but is not ready to justify the cost of installing these type of units. Walla told Council the 3 that have been installed in Aspen ranged from 518,000 to $25,000. Walla said the percent of particles in the air contributed from the restaurants ranges from 5 to 9 percent and seems to be a small enough portion that the total cost of enforcing this ordinance city-wide would be out of line for the outcome. Walla said the equipment is not guaranteed for what it will do to the air. There are problems with cost and maintenance of these type of units, and the cleaning solution can cost 5500 per month plus labor. John Hamwi said the evolution of the process has not come to the point where it is a solution to the problem. Some of the restaurants in town would have to do architectural or engineering work to support this equipment. Hamwi said gases, smell and smoke will still be visible in the air after the installation of this equipment. Clem Kopf, state air quality control commission, said because of the change in the federal PM10 regulations, there should be national pressure to develop control devices that work. It may be better to wait and see what equipment develops. Suzanne Caskey said the restaurants do make a small portion of the pollution; however, this portion is harmful and makes a larger percentage of toxic particles. Ms. Caskey agreed more time is needed to look at the technology and Council should give the Clean Air Board and the restaurant owners time to work on this. Mayor Stirling closed the public hearing. 7 Reaalar -Meeting Aspen CitX Council Aril 27. 1987 Mayor Stirling moved to not approve on second reading Ordinance #14, Series of 1987; seconded by Councilman Isaac. Council requested the staff to continue to work on this problem. Mayor Stirling said Aspen has been in violation of the PM-10 standard, and there will be pressures put on the community to mitigate against pollution in the valley. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes; Mayor Stirling, yes. Motion carried. ORDINANCE- -#16. SERIES flF 1987 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #16, Series of 1987, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, yes; Isaac, yes; Walls, yes; Mayor Stirling, yes. Motion carried. REO UE~S~ FOR $N~CROACHMENT - Hunter Plaza Building Elyse Elliott, engineering department, said this is a request for two encroachments. One is for 2 five foot awnings extending into the Cooper and Hunter sidewalk rights-of -way, the other for an underground f noting that would encroach 8 inches. Councilwoman Walls asked why it is necessary for the footing to encroach. Ms. Elliott said in the approvals the building was built to the property line. When it was analyzed structurally, it was found it was necessary to extend the f ootings into the alley. This will be underground and will not interfere with the utilities in the alley. Ms. Elliott told Council this applicant is improving the street scapes within their property. Ms. Elliott said the awnings serve a benefit to the public as they shield people from the elements. Ms. Elliott told Council this has been reviewed by the fire marshal, who had not objections . Councilman Isaac moved to approve the encroachment license for the Hunter Plaza building for the undergrounding f ootings on the alley and the two awnings; seconded by Councilman Collins. All in favor, motion carried. ~,ODGE---IMPROVEMENT DISTRICT Jay Hammond, city engineer, told Council after the last work session, additional figures were run based on a reduction in 8 Re-c~u1~~ Meeti-ng Aspen City Council Atari~__ 27--, 1987 commercial use factors to 1.0 to 1.25. Hammond told Council he assigned 1.25 to ground floor properties and 1.0 to other commercial properties within the district. This results in $2.45 per square foot assessment, which is then multiplied by the use factor. Another alternative is all commercial use factors at 1.0 and an assessment of $2.47 per square foot. The assessment engineer has recommended a commercial use factor of 1.25 to 1.50, and the assessment in this is $2.38 per square foot. Hammond told Council in all these calculations is the assumption the city would donate the share of the serial levy appropriate to the zone, as a portion of the city's contribution. This results in a $100,000 reduction in the total assessment. The use factor charge is .5 for deed restricted employee housing on existing units with the assumption that the city will offer an exemption from assessment from properties that are willing to deed restrict. The copy of the notice reflects the changes in the use factors that have been discussed. Hammond gave Council a sample calculation on a residential condominium unit showing how the different assessments would effect a condominium unit. Hammond pointed out a 1,000 residential unit with one penny change is a 510.00 impact on the total assessment and 51.63 on the highest year. Hammond said staff has discussed a .75 use factor for long term restricted units within the district, and the task force was not inclined to accept the concept. The rationale is that benefits to long term properties are comparable as well as are property values. Hammond said the assessment engineer continues to feel that benefits to commercial properties will be greater than to accommodation properties. The assessment engineer feels reducing the use factor for commercial properties more may not be perceived as fairly proportionate to residential uses. Hammond told Council in the ordinance there are credits given for existing improvements that will remain. These credits should be calculated on a case by case basis and not applied to all in one use category. Hammond told Council the premise has been that no sidewalks or curbs within the district will remain. The design includes different sidewalks and the curb lines are being reconstructed. Hammond told Council the consensus of the task force is to move ahead on the 1.0 to 1.25. Hammond would like to get support from the assessment engineer on that formula. Hammond told Council the figures presented to Council take into account the city contributing the serial levy and the assessment is against a 54,600,000 bond rather than a 54,700,000 bond. Hammond told Council the original estimates were 52.00 per square f oot on a 1.0 use f actor. Anderson pointed out the 52.00 went to 52.30 based on errors made in initial assessment and changes in square footage . 9 Rec~trlar--~ee-ti-na Aspen CitX Council April 27. 1987 Councilman Collins asked the district's share of the serial tax. Hammond said that has been estimated at $100,000 over 5 years Councilman Collins asked what the percentage of the t otal assessment in the district is the city's. Councilman Collins said he feels there may be some double taxation in the district. Mayor Stirling moved to accept the recommendation from the director of public services to do a 1.0 residential, a range of 1.0 to 1.25 for commercial and .5 for deed restricted employee housing; seconded by Councilman Isaac. City Attorney Taddune recommended Council amend the ordinance and continue the public hearing to the date set f or the city manager's hearing, which is May 26, 1987. Mayor Stirling said the date for the public hearing has been changed to June 8 so the entire old Council can deal with this issue. Mayor Stirling said this change has the potential f or greater fairness. Councilman Collins asked how the vacant land, which has city approvals, has been figured into the district. Hammond said the assessments are based on the approved plans. Hammond said changes to the formula may quiet some existing protests and may bring on some new protests. Hammond said staff would like to start fresh and not assume any existing protests will continue to be appropriate. Hammond said people will be asked to re-submit protests. City Manager Bob Anderson said this is a legal remonstrance program, and making a change is starting all over. The changes have been made after meetings with people in the lodge improvement district. Hammond said there have been concerns with the boundary of the district, which has not changed after considerable debate. Hammond told Council there are owners within the district who are in favor of no improvements, and they will not change their opinion. Councilman Collins said the only thing that is being changed is the assessment formula; it is not a totally new start. Anderson said staff is taking the position they are starting over again. City Attorney Taddune said the city has changed the assessment f ormul a and f eel s they shoul d give property owners legal notice of the new formula in order to exercise their right to protest. Councilman Collins said the earlier response s to the district should be as valid today as when they were made. Anderson told Council the first time, the city got the complaints that property owners did not have sufficient notice or time to respond. This is giving the property owners six weeks to respond. The staff took in all kinds of responses that did not legally comply. Anderson said it would be inaccurate to consider the previous letters, some of which were ineffective in a legal sense but were taken into account by the staff. Anderson said 10 R~ani~r- Meeting Aspen City Council April 2-7, 1987 counting these letters for remonstrance purposes could be open to challenge. Councilman Collins asked in the 1.6 million square feet of the district, what is the distinction between lodge and residents. Hammond said there is no distinction in this ordinance. Councilman Collins said the city's Code defines lodge and residences. Hammond said staff looked at defining that on a per zone basis and within the district in both lodge and residential zones, there is a broad mix of both long-term accommodations and lodge units. There is no clear distinction in the zoning code that would define a lodge versus a condominium unit. All in favor, with the exception of Councilman Collins. Motion carried. RE-S-OhH~iflld---#i~;- SERIES OF 1987 - Aspen Grove Annexation Assistant City Manager Mitchell noted this resolution sets out the findings of Council's hearing and states everything is sufficient for Council to proceed on this annexation. Mitchell prepared a memorandum on cost impacts, and told Council it is difficult to break costs by area. The original cost study was based on the 12 annexation areas, and broken down into the 3 priority areas. If Smuggler, Roaring Fork East and Meadowood are annexed, this would add about $200,000 annual costs and a one time cost of $150,000 for capital and investment. Mitchell told Council the city can absorb the annexation areas and stretch the city's capabilities of providing service during annexation. Once annexation has been completed, Council can deal with budget adjustments. Another alternative is make budget adjustments prior to annexation so that the services are in place. Mitchell told Council the third alternative is if the city finds they cannot provide services during annexation, to contract with the county to provide services. City Manager Bob Anderson told Council every increment of added service area does not necessarily bring on an added increment of service cost. Anderson said if Council's priority is to economize in government, one way to accomplish t hi s i s to put more pressure on current staff until the work cannot be done. This requires Council to be willing to understand this strategy will reach that pressure point. Anderson recommended going with the current services until it cannot be done anymore. Mitchell told Council if this resolution is adopted, staff will then bring back a zoning and annexation ordinance to complete this annexation. Mitchell said there have been neighborhood meetings set up with this area to work on the zoning to leave the area as is. Councilman Isaac asked who will maintain the private streets in these areas. Mitchell told Council most of the streets are 11 Re-atx-la-r Meeting- - Aspen Citv.,EQUncil April-27, 1-987 currently maintained by the county. Mitchell said the city does not accept the responsibility for private streets in annexations. Councilman Isaac moved to approve Resolution #14, Series of 1987; seconded by Councilwoman Walls. All in favor, motion carried. Mayor Stirling said he would prefer to see the alternative of absorbing the annexation costs and have a discussion with the Commissioners about annexation, revenues and costs. Councilman Isaac said he feels the city is falling behind in the percentage of sales tax revenues split with the County. Mitchell told Council this division of sales tax is in a written agreement, and the percentage is based on the actual receipt of sales tax in the different areas. Sales in Snowmass are growing faster in relation than those in Aspen. LI~?B6R-LiCEi~-SE-HEARING - Lauretta's of Aspen Mayor Stirling moved to table this until May 11, 1987; seconded by Councilwoman Walls. All in favor, motion carried. FINAL-SH$DiViSiON - 700 East Hyman Steve Burstein, planning office, told Council this is a request to create two lots out of 12,000 square feet at block 104, for two duplexes. Council granted GMP allocation for two units in February. Burstein said this final plat approval is to follow up on the conditions of approval, which the applicant has substantively complied with. Burstein recommended approval of the final plat, subject to meeting the technical requirements to the satisfaction of staff. Mayor Stirling asked where the parking will be. Sunny Vann, representing the applicant, told Council each duplex has 4 covered spaces to the rear of the building with access directly off the alley and 4 uncovered parking spaces. This exceeds the code requirements. Councilman Isaac moved to approve the 700 East Hyman final plat subject to the condition that all technical clarifications be made to the subdivision improvement agreement, statement of subdivision exception and final plat to the satisfaction of the city attorney, engineer and planning office prior to signing of the final plat; seconded by Councilman Collins. All in favor, motion carried. SRA-ANfEI~fiDMEN~ - Clark's Market Steve Burstein, planning office, told Council this is a request to amend the Trueman Center SPA f or 1,000 square foot expansion 12 Reau-~ar Me~trng- --As~e~n City_ Council -~raril2-7-~- 187 of commercial space. Burstein told Council this requires approval as there was a 15,000 square foot restriction for a food market. Clark's market presently ha 17,000 square feet and this additional would total 18,000 square feet. The applicant has argued there is public need and demand f or the additional floor area, and would like to increase the number of food items they offer. Burstein told Council the space has already been added by taking over another bay within the Trueman Center. Burstein said the impacts of an expanded food market include traffic generation, parking, service vehicles, employees generated and dominance over other stores. Burstein told Council there is a 111-space parking lot within the area. Dominance of other stores would be a problem if Clark's were to offer non-food items. They have said they are not planning to. Burstein said the ,applicant has designed a new loading dock to accommodate two semi-trucks and smaller trucks as well as a cardboard crushing operation. Burstein said this will be an asset to. the market and will help clean up some stacking problems. P & Z approved the use square footage limitation for this and recommended Council approve the SPA amendment with 3 conditions. These are the market does not expand its line of products; the proposed loading dock alteration will not exceed 529 square feet and be built prior to June 15; there should be a special arrangement made for pedestrians going from the east entrance of the market to Mill street. Councilman Isaac moved to approve the requested Clark's Market amendment with the 3 conditions in the planning office memorandum of April 27, 1987; seconded by Councilman Collins. Mayor Stirling said it is unf ortunate that an error occurred in the building department to get to this point. Tom Clark, applicant, said they have attempted to work through the process and it has been worked out. Councilwoman Walls asked if this opens the way for City Market to come and request an expansion. Burstein said this is still an expansion within reason for the scale of food markets within Aspen. Clark pointed out that the footprint of the building is not expanding with this request. The visual impact will remain the same. Mayor Stirling said he f eels it is a reasonable condition not to expand non-food items and compete with other smaller stores in town. Councilwoman Walls asked if the addition of the loading docks will eliminate the large trucks blocking pedestrian access on the east side of the building. Clark said the problem has been that deliveries have been through the front door. Clark said this alteration will help because the trucks can back in and unload through the back door. 13 Re-gu-lar--Meeting- -- ~spe-rr- City-e~unc-il Apr-i~~- 2~-.--~98~ All in favor, motion carried. SN~7i~iSIQI~- EXCEP~`-i0N - Adams Steve Burstein, planning off ice, reminded Council they tabled this request two weeks ago. It is a request for a 900 square foot addition to a duplex on Bonita drive. One condition from its original approval was that no more bathrooms or bedrooms be added. This request is to add one bedroom. Burstein told Council he made an effort to research the original approval and talked to staff and former Council members. Burstein said he was not able to get a clear answer but f eel s Council was concer ne d about bulk of structures and short term rentals. Subsequently, six monthly rental restrictions have been enacted, as well as the floor area ratio calculations. Burstein told Council this is not an unreasonable request and is not out of scale with the neighborhood. Councilman Isaac moved to approve the requested subdivision exception for the purpose of amending the duplex condominiumization approval for lot 23, West Aspen Subdivision,a allowing the addition of a bedroom and a 990 square f oot expansion subject to the two conditions in the planning office memorandum; seconded by Councilman Collins. Burstein submitted a letter from the owner of the other half of the duplex giving permission for this expansion. This expansion takes up all the FAR. Manchester, representing the applicant, told Council he has discussed with this owner the fact that her half of the duplex cannot be expanded. All in favor, motion carried. E-D~E'CT~ I~ - -~~l~~T£-RG ROttND j NG - CO NTRPrCT~ Chuck Roth, engineering department, said the city has advertised for el ect r i c contracts for phase II of the undergrounding project. Phase I constructed last year occupied 2/3 of the budget and the work of undergrounding and was primarily the west end. Phase II was packaged so that it could be re-bid. Two bids were received for asphalt patching; the low bid was Basalt Construction at $59,000, which was under the engineer's estimate of 585,000. The trenching contract was estimated at $120,000 and the low bid is 5114,000. Roth told Council the primary electric work is highly specialized field, and there are few firms in the state qualified to do the work. The city received only one bid at $52,000; the engineer's estimate was 573,000. Roth recommended Council appropriate phase 14 Re gt1l-ar--Mee t~.na -- Aspen C,~.tv~~ci-1- --Agri ~_ 2 7 . _ 1-9 8~ II funding of $638,000 and approve contracts to the low bidders. Councilman Isaac asked what the construction schedule for phase II will be like. Clem Kopf said they anticipate starting early May and completion before July 4 for the excavation and road work. Councilwoman Walls moved to appropriate $638,394 from the electric improvement fund for phase II construction of the electric project and to authorize the city manager to sign contracts with responsible low bidders; seconded by Councilman Collins. Councilman Collins asked where is the difference between the contract awards and the appropriation of $638,000. Kopf said the difference is materials; these are labor only contracts. Roth said currently the city is looking at a trail alignment that goes through the staging area for this project. Roth said staff may be returning asking for a different staging site. Councilman Collins asked what is specialized about this work. Kopf said the work is dimensionally specific. All in favor, motion carried. REO~E~ST T8-~E TAP FE-E-S - Aspen Valley Hospital Assistant City Manager Mitchell pointed out the city's water fund has been in financial difficulty for the last couple of years. One is that tap fees have not been coming in as projected. Staff is concerned about any requests f or waiver of tap fees and the impact on the water fund. Mitchell reminded Council they have only postponed a tap f ee waiver for the Music School. Mitchell said at the high school the tap fee was waived but the school was required to do looping to improve the system. The school district decided to pay the tap fee as it was less expensive than the looping. Mitchell said Council can deny the request; approve it and f and it from the general fund, or approve it and fund it from the water fund. Staff's recommendation if Council wishes to waive the tap fee, is to fund this from the general fund, fund balance. David Stapleton, hospital board, told Council they plan on constructing 24 units, 16 one-bedrooms and 8 efficient units, as well as 7200 square feet senior community center building. This building will have assisted-living center. Stapleton told Council there are approvals f or this building; it will be built on the northeast corner of the hospital. The County will be donating $100,000 in cash and land transfers for the community center and land for the building. The assisted-living facility is the first development in the plan for the medical complex. Stapleton said the main f unding of this development will be done 15 R-eatxi-ar - Meeting-- - ~- - - - Aspe-~r City- C~un-c-il- April- 27 . -1-983 with philanthropic funds. They plan on starting this building in the spring of 1988. Stapleton said he has a commitment of $250,000 from the Aspen foundation, 5100,000 committed from the county, there are some in-kind contributions from the hospital. Mayor Stirling said people he has spoken to people who would prefer there be a mix of living arrangements, not just assisted- living. Stapleton said there is no function in the valley for an assisted-living center, going from independent living to nursing homes. In the hospital they have "swing beds", which is like a nursing center. Stapleton said in the assisted-living, they have broadened the scope to any needy person in the community for medical or social needs. There is congregate housing, which provides a living arrangement to integrate shelter or services for those who are frail, chronically ill or socially isolated, but who do not need 24-hour supervision. These are not provided for in the valley, and this is what the assisted-living will provide for. There will be independent living of a sort in this facility as long as it is recommended by a physician. Stapleton pointed out the Council did waive the tap fees when the hospital was built 10 years ago. Stapleton told Council they plan to make this facility affordable. Eve Homeyer said they need the support of the city for the rest of their fund raising efforts. Councilman Isaac said he would favor funding this tap fee out of general fund, fund balance. Councilwoman Walls said she would prefer to waive the tap fee, rather than transferring from the general fund. Councilman Collins said this money has to be accounted f rom some place . Councilman Coll ins said he wol d prefer to make a cash contribution and have it applied to a tap fee. Councilman Isaac moved to waive the tap fees and to pay the water fund out of the general fund cash balance; seconded by Councilwoman Walls. All in favor, motion carried. E f~M ~-A-~t~B ~-E i~l ©~~ ; __ ~A Y F ©i2----B-E ~`O g-M AST C~ ; lI E~ L T-i~--- ~--_.g_.I~N _g a E ~:~~Mi~fEid~7A~i~N S City Manager Bob Anderson reminded Council they have made a commitment to comparable worth, pay for perf ormance, and health & wellness. Anderson said in 1985 Council committed to the city paying its employees fairly based on market factors and that the jobs were fairly paid versus each other. The city had a study done by Arthur Young and implemented a portion of the recommendations that could be afforded. Anderson recommended Council take 45 percent of the comparable worth and commit to finishing this. The 1/3 implementation in 1987 budgetary impact is 522,000 and a total of 5115,000 over 3 years. 16 ar- -Me'et i-na - -- -- --- -~s~ve rr-~~ity-- ~ounc-ri ---fir i-i- ~-3- X987 Anderson said Council has committed to a pay f or performance system, rather than an annual merit system. Anderson said this system would have an employee's performance be reviewed and clearly specify what performance would be expected. Anderson said the system cannot be implemented by June 1st but it is well on the way. The organization has spent a lot of time on this and also used some work done by the town of Vail. Anderson recommended using a modification of previous evaluation systems and pay for performance for the 1987 review. Anderson told Council the original plan was to give raises from 0 to 8 percent, and would like to reduce that to 2 to 6 percent. Thi s will assume any employee will get a 2 percent raise, but since the system is not totally in effect, it seems fair for this review. This will not affect the financial outcome. Anderson said staff would like to hire an intern to help finish the pay for performance system. There is an inconsistency between the departments on writing the perf ormance standards, and this intern will help add consistency to the system. Anderson said there was a petition from joint employees that the city give half the wellness/fitness. benef it as the county gives point employees part of the county benefits. Anderson said he is not in favor of this approach, but it does bring up questions of the comparability of the two benefits. Anderson said the present program for city employees is a person can earn up to 5300 in wellness benefits. This $300 depends on length of tenure and type of benefit applied for. The county gives every employee a full ski pass or the equivalent in cash. Anderson said there should be a specificity to the program, rather than just cash. Anderson suggested for 1988, Council authorize a maximum of 5400 and to change the length of service in order to qualify to finishing probation or 6 months of employment. Anderson reminded Council in the past, city employees have been able to use city facilities, including the golf course. Staff has suggested Council consider giving employees a 10 punch pass that can be used f or the swimming pool, tennis courts, and ice rink. This would encourage employees to use some city facilities as a benefit and a marketing approach. Mayor Stirling moved that the remaining comparable worth study adjustments as outlined in the April 9 memo be authorized as of June 1, 1987 and January 1, 1988, and the appropriation of 522,000 to this end as per the memo; seconded by Councilwoman Walls. All in favor, motion carried. Mayor Stirling asked why the staff cannot finish the implementation of pay for performance. Assistant City Manager Mitchell said part of the issue is quality control, and someone 17 Re-4n i-~-r Me-ot-i-rna--- _- __ _ __ _ A~ n -C i tv- eo-tm cal-- _An r i 1--Z-~ ; _ X9-8-7 to review the performance standards on a consistent basis. The standards should cover all areas. Mitchell said having one person to concentrate on these standards is important to quality control. Councilman Isaac moved that the staff proceed with the implementation of pay for performance as specified in the memo of April 9, and that $5,000 be authorized to hire an intern to help in this process; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Isaac moved that the health and wellness benefit be adjusted as of January 1, 1988, such that the maximum per employee is $400 and such that all employees completing their probationary period, or six months of full time employment by January 1, 1988, are eligible and f urther move the authorization of a ten-punch "sample" pass for all current city employees as of June 1, 1987, as an added health and wellness incentive; seconded by Councilwoman Walls. Mayor Stirling said 5400 is a 25 percent increase over the existing benefit. Mayor Stirling suggested deferring this until the entire Council is present. Councilman Isaac said the city should not be paying for equipment. However, it is getting expensive to live here and recreation is part of living in Aspen. Councilwoman Walls suggested this be part of the budget hearings in the fall of 1987 for 1988. Councilman Isaac amended his motion to withdraw the health and wellness increase and to approve the sample pass; seconded by Councilwoman Walls. All in favor, motion carried. Mayor Stirling moved to suspend the rules and extend the meeting for 15 minutes; seconded by Councilman Isaac. All in favor, motion carried. C-I-~'~ ~A~~ - RE~BRg' Augie Reno, architect, said they did a plan of city hall without the basement and locating some department s out side city hall. Reno said it can be done within the square f ootage. The total construction cost for 3 floors is 51,200,000 without permit fees, architectural costs, and bonding fees. Mayor Stirling moved to move ahead with this approach pending approval of the voters of a general obligation bond on the renovation of city hall; seconded by Councilwoman Walls. All in favor, motion carried. Anderson presented a list of problems from the fire marshal with city hall as it exists now. 18 Reuel-ar Megt~g -- --- __ _ _ aspen--City ~un-+ci1------A-Prrl_ ~-7_.__} ~$~ Gf}L-F -Cf}i~R3-E --~-~-E-R~`---RRO~E~CT Bill Efting, recreation director, reminded Council this has been discussed at budget time. Staff would like permission to spend money. The emphasis is to take away the blind spots and to speed up play on the course. Efting said one objective at the course is to speed up play and to increase the revenues. Mayor Stirling moved the Council approve the culvert project and authorize the staff to take all necessary steps to complete the project as soon as possible, before June if possible; seconded by Councilwoman Walls. John Walla said the culvert project is overdue; however, sometimes the way projects are done at the golf course does not fit the real need. Walla proposed a task force or committee to help the city review these projects. Walla suggested someone reviewing where the culverts would be placed. Walla said an advisory board could have a representative of the women' s and men's association, the golf pro, the golf course superintendent and some people that use the course a lot. Walla said he would be willing to be on a committee like this. Efting said he feels a committee would be helpful. Efting said he would like to get this project done before June 1st. All in favor, motion carried. Mayor Stirling said he would like Efting look into Walla's suggestion about a task force and report to Council on its feasibility. Walla said he would like to see Council and the city turn the golf course into first class links. RE4~E~ST-~-~~--~-6T~`E-Ri~F~I~HS - Mall and Golf Course Restrooms Councilman Collins moved to authorize staff to complete both the golf course and restroom projects; seconded by Councilwoman Walls. Bill Efting said they plan on putting shrubs around the outside of the mall bathrooms, gutting the paneling and installing tile. There will be men's and women's bathrooms at the golf course. Council said they would like to see the mall bathrooms take precedence. All in favor, motion carried. O~R~Id1~id~E - #-~--7 . - SE~R~~F-g-OR- - i-~-S7 - Refunding 1985 Sales Tax Bonds, Issuing $600,000 Councilman Isaac moved to read Ordinance #17, 1987,; seconded by Councilman Collins. 19 Re-g-al-a-r--Mere-t-rnQ--.__ _ __ _ _ _~p~.-r.~r e~uncs-1____ ~ri-1_-~-7-.-3-8-7 ORDINANCE #17 (Series of 1987) AN ORDINANCE AUTHORIZING THE ISSUANCE OF $9,815,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF ASPEN, COLORADO, SALES TAX REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 1 987 ; AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR THE PURPOSE OF REFUNDING CITY OF ASPEN, COLORADO, SALES TAX REFUNDING REVENUE BONDS, SERIES FEBRUARY 1, 1985, PREPARING CONTRACTS ENTERED INTO BY THE CITY FOR THE ACQUISITION OF LAND IN ACCORDANCE WITH THE C ITY' S OPEN SPACE ACQUISITION PROGRAM, FUNDING A RESERVE AND PAYING COSTS OF ISSUING SUCH BONDS; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE BONDS, THE MANNER AND TERMS OF THEIR ISSUANCE, THE MANNER OF THEIR EXECUTION, THE METHOD OF PAYING THEM AND THE SECURITY THEREFOR; PLEDGING THE SALES TAX PROCEEDS OF THE CITY, INCLUDING CERTAIN SALES TAX REVENUES RECEIVED FROM THE COUNTY, FOR THE PAYMENT OF SAID BONDS; PROVIDING FOR THE USE OF THE REAL ESTATE TRANSFER TAX FOR THE PAYMENT OF SAID BONDS; PROVIDING CERTAIN COVENANTS AND OTHER DETAILS CONCERNING THE B ONDS AND THE SALES TAX REVENUES; AND RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING THERETO was read by the city clerk Councilman Isaac moved to suspend the rules and extend the meeting another 15 minutes; seconded by Mayor Stirling. All in favor, motion carried. Councilwoman Walls moved to adopt Ordinance #17, Series of 1987, on first reading; seconded by Mayor Stirling. Cindy Shafer, finance director, told Council this ordinance is to refund existing sales tax revenue bonds, which are primarily paid for out of the land fund. In conjunction with this, $600,000 worth of new bonds would be issued. These have been previously approved but never issued. This money will be used to paid balloon payments on open space purchases originally bought through this initial bond issue. Ms. Shafer said the main concern is to pass this ordinance on first reading but staff identify an amount of savings to be made on the refunding. Staff will not proceed with second reading until this amount of money can be made. Joe Barrows, Kirchner Moore, told Council the market has moved away and the city would only realize about $120,000 savings. Barrows said having this ordinance approved on first reading will enable the city to move when the market changes. Barrows said the refunding can be eliminated f rom the ordinance before second reading. 20 Re a u~-a-r- -Me-o ti-rna- ---- --- -- -- -- -- -A-~n- _ ~o~tn-c i ~ _ -- A~ i ~ -- 2~~. -1-9-8 7 Roll call vote; Councilmembers Isaac, yes; Walls, yes; Mayor Stirling, yes. Motion carried. ~1~E-#-i-8-: -S-ERI 9-8-7 - Maroon Creek Hydropower Bonds Councilwoman Walls moved to read Ordinance #18, Series of 1987; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #18 (Series of 1987 ) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION ELECTRIC BONDS (MAROON CREEK HYDROELECTRIC GENERATING PROJECT) SERIES 1987 IN THE PRINCIPAL AMOUNT OF $525,000 FOR THE PURPOSE OF PROVIDING FUNDS THE FOR ACQUISITION, CONSTRUCT ION, IMPROVEMENT AND INSTALLATION OF CERTAIN HYDROELECTRIC GENERATING FACILITIES IN THE VICINITY OF THE T-LAZY 7 RANCH, TOGETHER WITH ALL NECESSARY INCIDENTAL AND APPURTENANT COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SALE OF SAID BONDS; ESTABLISHING CERTAIN FUNDS WITH RESPECT THERETO; PROVIDING A PLEDGE OF THE FULL FAITH AND CREDIT OF THE CITY AS SECURITY FOR SAID BONDS; APPOINTING A PAYING AGENT FOR SAID BONDS; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SAID BONDS was read by the city clerk Councilwoman Walls moved to adopt Ordinance #18, Series of 1987, on first reading; seconded by Mayor Stirling. Cindy Shafer, finance director, told Council this is another step in the Maroon Creek hydropower project and bonds are the best financing method for that project. The bonds, at 15 years terms, fit within the financial projections for the project. Councilman Isaac said he is opposed to the project and does not think it makes economic sense. Councilman Isaac said he feels the city is paying too high a premium for the use of the land. Roll call vote; Councilmembers Walls, yes; Isaac, no; Mayor Stirling, yes. Motion carried. ORH-i~AI~- #-i~} ~ -S ER i-~~--6F`-i 9-S`7 - Appropriation s Councilwoman Walls moved to read Ordinance #19, Series of 1987, seconded by Mayor Stirling. All in favor, motion carried. 21 tau l-a~r- -~fe-e-~i rng - _ ____ - ~~,e-rr --~i tv- eo urrci i-- A-p r-i l - 2•~` ---1-}-5-7 ORDINANCE #19 (Series of 1987) AN ORDINANCE AMENDING ORDINANCE N0. 58, SERIES OF 1986, BY ADDING AN APPROPRIATION FOR POLICE PENSION FUND EXPENSES OF $44,000 AND RECOGNIZING POLICE PENSION FUND REVENUES OF $99,000, WHICH APPROPRIATIONS WERE INADVERTENTLY DELETED FROM SAID ORDINANCE was read by the city clerk Councilwoman Walls moved to adopt Ordinance #19, Series of 1987, on first reading; seconded by Councilman Isaac. Cindy Shafer, finance director, told Council there was controversy in 1986 over why type of f and the police pension actually was. This is a pension fund and does need a budget according to city Charter. This pension fund will show contributions into the fund from the city and the employee, which are revenues, and expenses, which are withdrawals out of the fund. This is an accounting function. Roll call vote; Councilmembers Mayor Stirling yes, Walls, yes; Isaac, yes; Motion carried. Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is Liquor License Renewals - Cordon's; Wheeler Opera House; Special Event Permit- Aspen Arts Council. All in favor, motion carried. Councilwoman Wall s moved to adjourn at 9: 30 p.m. ; seconded by Councilman Isaac. All in favor, motion carried. ~/ Kathryn S. , och, City Clerk 22