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HomeMy WebLinkAboutminutes.council.19891010As en Cit Council Re ular Meetin October 10 1989 STUDENT EXCHANGE BETWEEN SHIMAKAPPU AND ASPEN 1 PROCLAMATION - Domestic Violence Awareness Month 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT AGENDA 4 ORDINANCE #46, SERIES OF 1989 - Prohibiting Construction in the city rights-of-way duri ng certain times 5 ORDINANCE #57, SERIES OF 1989 - Campaign Contributions 5 ORDINANCE #58, SERIES OF 1989 - Extension of Administrative Delay, including exemption amendment 7 ORDINANCE #59, SERIES OF 1989 - Affordable Housing Zone 8 19 9 0 BUDGET PUBLIC HEARING 10 SHADOW MOUNTAIN AFFORDABLE HOUSING GMQS EXEMPTION 10 VICTORIA SQUARE PAVING ALLEY 11 AUTO FREE DAY REPORT 12 PARKING STRUCTURE COST REPORT 12 ORDINANCE #62, SERIES OF 1989 - Historic Designations 15 TIMED PARKING ENFORCEMENT 15 REQUEST FOR TAP FEE WAIVER - Aspen Skiing Company 16 ORDINANCE #64, SERIES OF 1989 - Golf Course Pro Shop Con- tract 17 ORDINANCE #60, SERIES OF 1989 - HPC By-laws Amendment 18 ORDINANCE #61, SERIES OF 1989 - Code Amendment HPC Inven- tory 19 ORDINANCE #63, SERIES OF 1989 - R15A Code Amendment; Side Yard 19 ORDINANCE #66, SERIES OF 1989 - 0015 Harbour Lane Zoning 20 24 Aspen City Council Regular Meeting October 10. 1989 INCENTIVES FOR UPGRADING STOVE AND FIREPLACES 20 PLANNING OFFICE BUDGET AMENDMENT 21 SIDEWALK AND PEDESTRIAN PLAN 21 RESOLUTION #29, SERIES OF 1989 - South Seventh Street Exten- sions 2 2 CITY MANAGER INTERVIEW PROCESS 22 25 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Gassman, Peters and Crockett present. STUDENT EXCHANGE BETWEEN SHIMAKAPPU AND ASPEN Mayor Stirling presented a letter on behalf of the Council to the Mayor of Shimakappu endorsing the student exchange between the Shimakappu schools and the Aspen schools. The Aspen students will be travelling to Japan October 18, 1989. This will be an on-going program over five years. The first group of Shimakappu students will come to Aspen in 1990. PROCLAMATION - Domestic Violence Awareness Month Mayor Stirling and the Council declared the month of October Domestic violence awareness month and urged all citizens to actively support and participate in events and on-going programs designed to reduce and eventually eliminate violence as a societal problem. CITIZEN COMMENTS 1. Hans Gramiger requested Council add a resolution to their agenda. Gramiger reminded Council he came to them in August to ask for their support to tell the county that Council had no problem with them accepting land donations or easements donation on South Seventh street. Gramiger said this was communicated to the Commissioners through staff and the minutes. This fell short of the Commissioners' expectations; they wanted something in writing. Fred Gannett, city attorney's office, told Council the resolution correctly reflects the minutes. Mayor Stirling moved to add this to the agenda as item VIII(o); seconded by Councilman Peters. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Tuite said the RFTA Board has been discussing the downtown shuttle service and the completion of the parking garage. Councilman Tuite said there is a study going on for the trolley service. RFTA will have to look at capital acquisition costs. Councilman Tuite said the garage will not be open before February and will only be open for the remainder of the ski season, will close and re-open again in the summer. Councilman Tuite asked if the Council would let RFTA begin this shuttle service in the summer. Councilman Gassman said this makes sense. Councilman Tuite moved RFTA not begin any downtown shuttle service until the summer of 1990 with the completion of the parking garage; 1 Aspen City Council Regular Meeting October 10, 1989 seconded by Councilman Gassman. All in favor, with the exception of Mayor Stirling. Motion carried. 2. Councilman Crockett said he is concerned about meeting all the deadlines the highway department needs for the highway 82 construc- tion and having enough time to have an election. Tom Baker, planning office, said the highway department indicated that February as an election date would work for them. Mayor Stirling said the Council's public hearing on the highway is scheduled for November 6th. After that public hearing, the Council can schedule an election for January or February. 3. Councilman Crockett said he received a report on the proposed local minimum wage. Councilman Crockett said the report from Sandy Stuller said it is legal; Council needs to pick a minimum wage figure. Ms. Stuller told Council this is scheduled for a first reading October 23. Councilman Crockett said he would like word out to the public this will be on the agenda, and he would also like an information sheet written to accompany the ordinance. Ms. Stuller said she would take care of both of these. Councilman Crockett said he would like Council to discuss what they are trying to accomplish with this ordinance, arriving at a method of validating the minimum wage number. Councilman Crockett said he would like input from housing office because this is linked to the affordable housing. Mary Martin said the businesses who have to pay the wages should study this before it is brought to the public. Mark Kirkland invited Councilman Crockett to address the meeting of the Aspen Concerned Citizens Coalition October 18th at 7 p.m. 4. Councilman Crockett asked about hiring a recruiter for the city manager position. Mayor Stirling said the Council has received 34 applications. Council has gone through these and narrowed them to 7 possible interviews. Mayor Stirling said he would prefer to go through the interview process and then proceed with a recruiter after that. City Manager Bob Anderson told Council there are only 6 firms that do this type of work nationally and a representative of one will be in Snowmass for a conference this week. Anderson suggested Council talk to this person. Councilman Peters said he feels the interview process will be helpful for Council to see what the questions are and exactly what they are looking for. Councilman Crockett suggested including agency or department heads in the process. Mayor Stirling said he is not interested in involving other than Council. Council scheduled the city manager interviews for October 30th at 3 p.m. Council added to the agenda as VIII (p) the city manager interview process. 6. Mayor Stirling said there will not be a Meadows meeting October 11th. The M.A.A. and their new director will be before Council October 17th at 5 p.m. 2 Aspen Cites Council Regular Meetinct October 10, 1989 5. Mayor Stirling removed Resolution #36, Clear Cutting of Forests from the agenda. 6. Mayor Stirling said there are two opening on HPC for alter- nates and one regular member of the CAAB. Kathryn Koch, city clerk, reported the term of the city's representative on RFTA is up in November and she will advertise for all of these vacancies. 7. Mayor Stirling said there is a CAST meeting in Grand Junction October 12 and 13. City Manager Bob Anderson will be attending. 8. Councilman Peters moved to remove (e) Shadow Mountain Affordable Housing GMQS Exemption from the consent agenda; seconded by Councilman Crockett. Councilman Peters said he might be interested in establishing a policy to encourage more trades for affordable housing; that the affordable housing payment be traded against the creation of a studio apartment. All in favor, motion carried. 9. Councilman Peters requested an executive session this week to discuss the housing inventory and the developments and briefs that have been filed in the Hadid litigation. Councilman Peters said the housing inventory is complete and the consultants would like authorization to proceed with negotiations. Councilman Peters said it would be appropriate to keep these negotiations confidential. Councilman Peters said the consultants would like some comfort from Council that they are going in the right direction. Councilman Peters said negotiations with property owners will also help the city gather some information on what these properties are worth on the free market. Mayor Stirling said he would rather do the work with the consul- tants in a study session. Councilman Peters said this may cause the city to be paying a higher price and not knowing what the market will be for an ordinary buyer. Councilman Gassman agreed. Councilman Crockett said it is in the best interests of the tax payers this be done in the executive session. Councilman Peters moved that Council go into executive session October 11 at 5:00 p.m. to discuss issues pertaining to the Hadid litigation and affordable housing survey; seconded by Councilman Crockett. Mary Martin objected to Council meeting in executive session on land. Sandy Stuller, city attorney's office, told Council if the 3 Aspen City Council Regular Meeting October 10. 1989 purpose of the meeting is to enter into negotiations for acquis- itions, it may be done in executive session. All in favor, with the exception of Mayor Stirling. Motion carried. 10. Councilman Peters asked about the Council tour of the Marolt property. Tom Baker, planning office, said this is scheduled for Tuesday, October 10th at 3 p.m. 11. Councilman Peters said there is no long term funding mechanism for affordable housing. Councilman Peters said he would like the city to take an organized approach to developing this funding. Councilman Peters requested authorization to use staff time to review funding mechanisms like property and sales tax. City Manager Bob Anderson said in the 1990 budget there is a list of different funding options and how much these will raise. Mayor Stirling moved to appoint Councilman Peters to initiate this process with the manager and to get back to Council with a proposed work session; seconded by Councilman Peters. Phoebe Ryerson recommended Council contact George Green and use his expertise in building employee housing. Lowell Nelson asked if there is a clear, concise definition of affordable employee housing and who qualifies. All in favor, motion carried. 12. City Manager Bob Anderson requested a meeting with Council and the state highway department to look at the impacts of the highway on open space and trails in the various alternatives. Council scheduled this after the public hearing November 6th. This meeting with the highway department will start at 7 p.m. 13. Bill Efting presented an award the city received from the Colorado parks and association for Aspen's junior golf program. CONSENT AGENDA Councilman Peters moved to approve the consent agenda as amended; seconded by Councilman Tuite. The consent agenda is: A. Liquor License Renewals - Cooper Street Pier; Nick's Seafood; Primavera; Boogie's Diner; Elk's Club; Eagle's Club; Pinon's; Mama Maria's B. Minutes - September 25, 1989 C. Alternate Director to MEAN D. Resolution #35, 1989 - Extension of Residential GMP Dates (Tom Baker) E. Resolution #37, 1989 - Independence Commercial/Office & Pass 4 Aspen City Council Regular Meeting October 10. 1989 All in favor, motion carried. ORDINANCE #46, SERIES OF 1989 - Prohibiting Construction in the city rights-of-way during certain times City Manager Bob Anderson said this ordinance does not allow construction on the streets in the commercial core and Main street corridor from June 15 to the day after Labor Day. Bob Gish, city engineer, told Council he has met with the utility companies and downtown merchants. Gish said this group is not in disagreement with the ordinance; however, it is very restrictive and only gives two months for construction in the commercial core. Gish pointed out there is a clause which allows the city manager and engineer to approve emergency work. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Crockett moved to adopt Ordinance #46, Series of 1989, on second reading; seconded by Councilman Peters. Councilman Peters said the exemption procedure is important and it should be done on the staff level. Councilman Gassman agreed. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Gassman, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #57, SERIES OF 1989 - Campaign Contributions Mayor Stirling opened the public hearing. Bil Dunaway suggested that $100 is meaningless these days and the contribution limits should be raised to $200 or $250. Chris Bigley said putting a limit on contributions is restricting the private sector from being able to comment. Marvin Jordan said he feels $100 is too low. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #57, Series of 1989, as amended on second reading; seconded by Councilman Crockett. Councilman Peters pointed out if 100 people support a candidate, $10,000 will have been raised for a campaign. Councilman Peters said increasing the contribution limit would be inviting the excess this ordinance is seeking to eliminate. Councilman Peters suggested a modification on page 5 section 3 in deadline for publication, contributions and expenditures (a) "no person shall make or accept any contribution nor make any expenditure later than 5 Aspen City Council Regular Meetina October 10, 1989 10 days priors to any election". Councilman Peters said he feel this is too severe. Councilman Peters said requiring people not to make expenditures ten days before the election would be cumbersome and may inadvertently create conflict with this ordinance. Councilman Peters said he would change this to "no person shall accept a contribution 10 days prior to the election". Mayor Stirling said the elections are very short and the issues sometimes do not get flushed out until right before the election. Mayor Stirling said this may hurt the people the ordinance is designed to help. Mayor Stirling suggested (a) be eliminated totally. Councilman Crockett said the ordinance will make people get organized earlier. Mayor Stirling said he feels this section will eliminate the little person. Councilman Peters said he did a thorough job of researching what is legal, and there is little that can be done because of first amendment rights. Councilman Crockett said this ordinance will help the "little" guy by making everyone equal in terms of campaign contributions. Mayor Stirling reopened the public hearing. Mary Martin asked if this ordinance applies to both primary and general. Sandy Stuller, city attorney's office, said the limita- tion is for each election. Ms. Stuller said she will insert primary in the ordinance to make sure this is clear. Marvin Jordan asked if there are any restrictions on self-contributions. If there are not, this ordinance may be tilting the scale towards wealthy individuals who can fund their own campaigns. Ms. Stuller said there are no prohibitions by a candidate or his immediate family. Person said if the contributions are being limited, why is Council so concerned about the disclosures. $100 per contribu- tion does not seem as it will identify a major source of funding for a candidate. Councilman Peters said there are many individual contributions that will betray a certain philosophy of a candidate. Bil Dunaway asked if would be unconstitutional to limit self- contributions. Ms. Stuller said the theory is that if one is allowed unlimited contributions, there is the fear that there will be corruption of candidates by that process. If one is spending one's own money, there is not that possibility. Ms. Stuller said she does not know if it is legal to limit self-contributions. Dunaway said this ordinance is encouraging people with money to run for elections and to buy the election with their own money if their contributions are not limited. Mayor Stirling closed the public hearing. Mayor Stirling moved to table Ordinance #57 until October 23; seconded by Councilman Tuite. Councilman Gassman said the strongest part of this ordinance is the disclosure before the 6 Aspen City Council Rectular Meeting October 10, 1989 election. Councilman Gassman said he would rather have disclosure with no limitations and let people make their own decisions. All in favor, motion carried. ORDINANCE #58, SERIES OF 1989 - Extension of Administrative Delay, including exemption amendment Tom Baker, planning office, presented a revision of this ordinance to more accurately reflect the record. Baker said the only substantial change in the ordinance is the exemption language, which provides for an exemption from the administrative delay for applications that replace not less than 100 percent of the existing habitable floor area and not less than 100 percent of the existing bedrooms as affordable housing. The mix of the units, low, moderate, resident occupied, will be determined during the hearing. Dave Myler pointed out this exemption is automatic and does not require a hearing before Council. Baker said this administrative delay will not restrict the continued use and operation of the existing use on the site and also permits remodeling of the existing use. Baker went over the changes in the whereas sections. Baker pointed out Sections 1, 2 and 3 are the same. Section 4 is the exemption language; the original section 5 has been deleted. Mayor Stirling opened the public hearing. Chris Bigley said Council is going to do what they want to do anyway. Bigley said a lot of this is extraction from monetary, private extraction from the private sector of the city. Bigley said the Council is doing is through the GMP, and the scoring system is already locked in place so they are limiting the amount of development that is going on down valley. Bigley said because of that, the city is screaming because of the limited entrepreneur- ship that is able to come into the community. Bigley said the city is trying to pass this through Ordinance 51. The city caught the flack for Ordinance 51 from people that are on Cemetery Lane, the people who do not want to be given the alternative. Bigley said this is basically saying that the city is going to close the door right now. Bigley said it is one thing for people to come in on affordable housing and to give it to the community from the private sector; it is another thing to extract it. Bigley said the city is in the business to get as much money out of the coffers of the private sector as they can. This is a good way to do it. The city is blocking any developer coming in now. Bigley protested this ordinance. Bigley said Council should make this available to the public to vote on. This should not be held in the group of 5 individuals that is restricting an entire community. 7 Aspen City Council Regular Meeting October 10, 1989 Mary Martin said the Council is aiding the process of no growth in this ordinance. Person said the city is holding hostage a group of property owners of a particular type of property. Person said this is discrimination against people owning multi-family dwellings and duplexes. Person said there may have been a larger turn out at the meeting if the agenda had said moratorium rather than administrative delay. Person said the term "affordable" is being bandied around the community and to date there has been no definition of affordable; affordable to whom, to what level of employee, who is an employee, how are they qualified, is an employee a business owner. Councilman Gassman said the ordinance refers to the housing authority guidelines, which define affor- dable, types of units, costs, etc. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #58, Series of 1989, on second reading as amended; seconded by Councilman Crockett. Myler said staff is evaluating definitions, and affordable housing is one of the critical definitions in any comprehensive program. Myler said for the purpose of the studies to do affordable housing is housing occupied by working residents, which includes people who are self-employed, and people who cannot afford to compete with a second home buyer. Councilman Crockett said he is happy with the public process and the way it works. Councilman Peters said the exemption belongs in the ordinance and is an indication of where the Council is driving with replacement housing. Councilman Peters said the demolition moratorium has little to do with GMP allocations. People that are demolishing, generally, are not going through the GMP. Myler said the staff is making progress in establishing the data needed to support the legislative solutions and the other aspects of the comprehensive plan for housing. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Crockett, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #59, SERIES OF 1989 - Affordable Housing Zone Councilman Peters said this ordinance needs more work; however, many significant elements like density and minimum lot size are in the ordinance. Councilman Peters said this ordinance tends to drive towards affordable housing in residential zones and asked if it should drive towards development in commercial zones or office zones. Tom Baker, planning office, said he would like to think about this issue and come back in two weeks. 8 Aspen City Council Regular Meetina October 10. 1989 Councilman Peters said he is willing to agree to the 70/30 unit split, this is a place to start. Councilman Peters said the 14 unit cap will give Council a chance to see how popular this ordinance will be. Mayor Stirling said the ordinance proposes that the total number of units would be 70/30 between affordable and free market. There will be more flexibility between the number of bedrooms and floor area ratio up to a 60/40 mix. Baker said Ordinance #47, 1988, called for the project put back on the site 50 percent had to be affordable in terms of units and 25 percent in terms of bedrooms . Baker said there has always been a precedent of allowing more floor area and bedrooms in the free market units. Baker said it is Council's choice whether they want to continue that idea with this zone district. Baker said the most that should be done is 60/40 or Council may want to go for 70/30 across the board units, bedrooms and floor area. Mayor Stirling said one objective of this zone is to stimulate the private sector to produce housing. Mayor Stirling said if this is too restrictive, there will not be any production. Mayor Stirling said he favors 60/40. Councilman Gassman agreed he would like to try this ordinance and see if it produces anything. Councilman Peters said debating the ratios is debating what an appropriate amount of profit is. Councilman Peters said someone who is really profit driven will not be using this ordinance at all. Councilman Peters said he would like to see this affordable housing zone be at least break even. Councilman Tuite said he would like to see low and moderate addressed in this ordinance. Baker proposed that the affordable housing production plan will give guidance to the types of units needed. Myler said Council will have discretion to say no to applications. The city will be able to review the pro formas and to calculate the return and profit potential. Baker said there is a GMQS exemption cap of 14 for the free market units; the city can also do 100 percent employee projects . Councilman Crockett said every free market unit given away as an incentive is two steps backwards. Councilman Crockett said he supports this, just barely, at 70/30. Mayor Stirling opened the public hearing. Phoebe Ryerson suggested Council drive to Glenwood during rush hour every day for a week to see how bad the traffic is. Chris Bigley asked if Council can look into the way they are looking at the free market and the tax that goes into those properties, since they've been restricted, to develop the way the Council has so chosen. Bigley asked if the city can leverage tax that is coming from these properties and rebate that back into affordable housing. Mayor Stirling closed the public hearing. 9 Aspen City Council Regular Meeting October 10. 1989 Councilman Tuite and Mayor Stirling favored 60/40; the rest of Council favored 70/30. Councilman Peters moved to table Ordinance #59, Series of 1989, until October 23; seconded by Councilman Crockett. Amy Margerum, planning director, told Council it is a great idea to look at incentive for commercial but it will not be included in this ordinance. Councilman Peters withdrew his motion. Councilman Peters moved to adopt Ordinance #59, Series of 1989, on second reading; seconded by Councilman Gassman. Councilman Peters amended his motion to include the 60/40 bedroom and FAR split; seconded by Councilman Gassman. Mayor Stirling suggested Council see this ordinance for a final sign off after the amendments are added. Councilman Peters withdrew his motion. Councilman Peters moved to table Ordinance #59, Series of 1989, to October 23; seconded by Councilman Crockett. All in favor, motion carried. 1990 BUDGET PUBLIC HEARING Mayor Stirling opened the public hearing. Mayor Stirling said this will be a public hearing and agenda item on each Council meeting until November 27, 1989. Mary Martin pointed out the general government goes up immensely. Councilman Peters moved to continue the public hearing on the 1990 budget to October 23; seconded by Councilman Gassman. All in favor, motion carried. SHADOW MOUNTAIN AFFORDABLE HOUSING GMOS EXEMPTION Councilman Peters said the city is charging $8400 condominiumiza- tion fee for an applicant who is also creating a studio apartment that is not required. Councilman Peters said he would like to see staff work this into an incentive program to waive the fee for people who add extra units. Amy Margerum, planning director, told Council the city has the authority currently to waive the fee in this particular case given the fact the applicant is adding a deed restricted unit. Ms. Margerum said staff would come up with standards and criteria for future use. 10 Aspen City Council Regular Meeting October 10. 1989 Mayor Stirling moved to approve the GMQS affordable housing exemption and condominiumization for Shadow Mountain building deleting condition # 3 , to pay the affordable housing fee and adding a condition requiring the studio be deed restricted at moderate income; seconded by Councilman Peters. All in favor, motion carried. VICTORIA SQUARE PAVING ALLEY Mickey Herron, representing the owners, told Council they purchased these units on the basis that they would front on a bricked alley, which is in the PUD agreement. Herron said the developer pays for the alley work and the homeowners pay to maintain it; there is no expense to the city. Councilman Crockett said he is concerned because the city's curb and gutter plan is not yet in place. Councilman Crockett said he sees this as the city giving up their alley to this development and that the alley would become more and more a possession of the development. Councilman Crockett said he sees this as an encroachment on something that belongs to the people of Aspen for the benefit of people who buy condominiums on this alley. Elyse Elliott, engineering department, said when this was done the staff saw it as an improvement to the right-of-way of Aspen. Marty Pickett, representing the developer, said this was a contract between the city and the owner and it needs to be upheld. Ms. Pickett pointed out the owner gave up any driveways cuts along the streets and has the alley as the only access. Councilman Peters said he would like to waive this requirement to pave the alley pending the May deadline for the review of the west end street scapes and sidewalks. Herron said the contract is binding on the city and the city's successors and assigns. Herron said people bought houses in reliance on that contract. Herron said the alley was previously paved. Mayor Stirling said the then Council did not want driveways coming off Hallam and Bleeker and one way to do it was to access the properties off the alley, which is a positive thing. Mayor Stirling said he does not think paving this alley compromises what Council is attempting to do with their curb and gutter plan. Councilman Crockett said every place he goes in town there are more gates, fences and walls. There is encroachment going on throughout the community. Mayor Stirling said there has to be reliance on an agreement with the city and the Council should not unilaterally change it. Mayor Stirling said if Council is going to remove a requirement, they should do it with the developer and the new owners feeling good about it. Councilman Peters said he is only requesting this be waived pending the results of Council's sidewalks and streetscape review. 11 Aspen City Council Regular Meeting _October 10. 1989 Councilman Peters moved to waive the requirement that the alley at Victorian Square PUD/subdivision be paved pending the results of the city wide streetscape and sidewalks analysis due May 1990; seconded by Councilman Crockett. All in favor, with the exception of Councilman Tuite and Mayor Stirling. Motion carried. AUTO FREE DAY REPORT Ellen Sassano, planning office, pointed out staff put together suggested auto disincentives items. Ms. Sassano recommended a management level staff person be designated to oversee and to coordinate any programs that receive Council approval. Mayor Stirling said some of the items on the chart require money. Mayor Stirling said he would like estimates from staff on how much money each item would require; how many people may participate to get a feeling for the effect of that item. Mayor Stirling asked that these items be ranked on effectiveness. Councilman Gassman said he would also like some idea of how these will be accomplished, aside from money. Councilman Gassman said he likes the ides of having bicycles available for city employees to use. Councilman Gassman said Council has discussed having bicycles available for the general public. City Manager Bob Anderson said the biggest concern with that is the public/private interface. The city has had a lot of reaction from the private sector on this plan. Mayor Stirling moved to direct City Manager Bob Anderson to coordinate a follow up of this by the first meeting in November to put these in the order of importance, give Council an idea of how they would be implemented, what the cost would be, and recommenda- tions about effectiveness; seconded by Councilman Gassman. Councilman Tuite asked why the city has not looked into electric vehicles. Council agreed to have this looked into. Mayor Stirling asked if staff is proposing another auto free day. Ms. Sassano said it is not a recommendation of staff at this point. All in favor, motion carried. PARKING STRUCTURE COST REPORT Bob Gish, city engineer, told Council the contractor is pouring 10,000 square feet of concrete a day at the parking garage. Gish told Council they spent wisely in August when they authorized accelerated costs. Gish told Council he has tried to present all costs for the parking garage. Gish noted the RNL contract is $542,078. The PCL contract through change order 5 is $6,084,351. The other costs are building permits, sewer and water tap, in lieu 12 Ashen City Council Regular Meeting October 10, 1989 housing, SPA plat, legal fees, administrative expenses, profes- sional fees and inspection fees which total $339,189. Gish said there are also additional costs to finalize like street department knockdown, claims additional grout, ventilation revisions, additional architectural fees, relocate transportation wall, dumpster location, air transfer shaft, close precast openings and weep in plants. These costs total $231,200. All of these above costs total $7,196,827. Gish said there is a memorandum in the packet from the finance department indicating there is $7,207,755 available in revenues through 1990. The finance department has stated that any costs in excess of that total available funding will need to come from a transfer from another fund. The memo reads, "We are expected the parking improvement fund to generate net cash of about $360,000 in 1991 which could be used to 'pay back' the transfer from whatever fund would need to make a transfer to cover costs between $7,200,000 to $7,560,000". Gish said in value engineering discussions with PCL staff had eliminated a lot of items from the parking garage, like paint on the top of the garage. Gish said one item eliminated is the Spring street realignment for $200,000. The realignment would have been closer to the ball fields and would have added more parking spaces . Councilman Tuite said this realignment gains the city a significant number of parking spaces for a cheap amount. Mayor Stirling said this would compromise the ball field. Tom Baker, planning office, said the ball field could still be used; however, the grove of cottonwood trees would be eliminated. Bill Efting, leisure services, said the city may lose a field out by highway 82 and needs to keep the whole picture in mind. Gish told Council he is negotiating with the ACRA for the transpor- tation center. Gish said the space does not adapt well to their operations; however, they have made a commitment to move into the space. Gish said he will return to Council about what to do with the transportation center. Gish said the contract does not include any finishing. Gish told Council the project is only about one- third done and he has used up all his contingency. Gish said he would like some additional contingency added to the budget. Gish reminded Council at a previous meeting they have approved deleting the paving of Spring street. The contractor had said they would give a $50,000 credit. They have now stated this credit is only worth $30,000. Gish told Council he has not accepted that deleted and asked how much it would cost to put it back in next spring and was told $60,000. Gish suggested the asphalt be put back in on Spring street. Councilman Peters said this is an air quality issue. Mayor Stirling agreed Council has no choice on this. 13 As en Cit Council Re ular Meetin October 10 1989 Councilman Tuite moved to reverse Council's decision on Spring street paving; seconded by Councilman Peters. All in favor, motion carried. City Manager Bob Anderson told Council the ventilation contractors maintain the city is being too conservative in the ventilation revisions and these are not necessary to meet codes. Anderson said the city is doing this because of the environmental health department's requirements. Gish told Council he and Anderson worked on reduction of costs with the contractor. They knocked down $90,000 for ventilation revisions and did not allow $40,000 for the Rocky Mountain delay. Gish said there are $66, 050 of costs that RNL performed at no cost to the city, like the garage exhaust analysis at $5,000. Gish pointed out there are 4 major events that have increased the cost of the parking garage. Gish said early in the contract negotiations Anderson was quoted $1,000 a day for delay. Gish said when one looks at real numbers, each day of critical path delay costs $5,731. Councilman Gassman said the project was already a month behind before water was hit. Councilman Gassman asked if the city will get a credit for that 30 days. Gish said the city never gave the contractor a chance to perform. The city took all the liability themselves. Gish told Council in going with the gravity dewatering system, the city will save money in maintenance and power costs. Gish said Council had removed $25,000 to remove background paint. Gish said this number actually came up to $6,410. Anderson said this should be added back in. Gish said this will add maintenance to the project. Gish requested $50,000 for contingency to make small changes without coming back to Council with no single item over $10,000. Mayor Stirling moved to complete the project for a total not to exceed $7,254,000; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Councilman Crockett moved to invest $2,000 from the contingency fund for an analysis to see if the city should proceed further on any action; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Gish said under the standard AIA contract, the retention from 10 percent to 5 percent at the point where the percent complete. Councilman Gassman said that is if feels the contractor is within absolute compliance contract. Councilman Gassman said he does not feel Council decided to keep the retainage. is reduced job is 50 the client with the they are. 14 Aspen City Council Regular Meeting October 10, 1989 ORDINANCE #62, SERIES OF 1989 - Historic Designations Councilman Tuite moved to read Ordinance #62, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #62 (Series of 1989) AN ORDINANCE DESIGNATING 100 EAST BLEEKER STREET AS H, HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-701 OF THE LAND USE CODE was read by the city clerk Councilman Tuite moved to adopt Ordinance #62, Series of 1989, on first reading; seconded by Councilman Crockett. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Crockett, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. TIMED PARKING ENFORCEMENT Mayor Stirling moved to continue to enforce timed parking; seconded by Councilman Peters. Councilman Tuite said when Council suspended the parking last spring it was for the benefit of lost parking spaces because of the parking garage. Councilman Tuite said he is willing to suspend the enforced parking one more season because of the lost parking spaces. Councilman Crockett said he would like to suspend the parking as part of the off season ethic. Councilman Peters said suspending the enforced parking is for the benefit of a few people who are working in town all day and park right near where they work. Marvin Jordon, CCLC, told Council they voted unanimously to recommend the continuation of timed parking this fall. Jordan said the CCLC feels this is an issue of the maintenance of the viability of the commercial core. Jordan said the way to maintain the commercial core is to have a turn over of parking spaces. Jordan said if the Council sends out the signal that people can park all day long, they are also sending out an auto incentive or inviting people to drive to town and park for free. Tom Dalessandri, police department, said only in spring of 1988 did the city continue to enforce parking throughout the off season. Dalessandri said it is a tradition to suspend the parking in the off season. Dalessandri said there is a budgetary savings to the police department in suspending enforcement. Councilman Tuite said the city ought to look at their current enforcement program. Councilman Peters and Mayor Stirling in favor; Councilmembers Gassman, Tuite and Crockett opposed. Motion NOT carried. 15 Aspen City Council Regular Meeting October 10. 1989 RE UEST FOR TAP FEE WAIVER - Aspen Skiing Company Bob Gish, city engineer, reminded Council they earlier discussed waiving tap fees for housing projects. Council also discussed the waiver of tap fees during the rezoning of the Holiday House for this applicant. Fred Smith, Aspen Skiing Company, requested a water tap fee waiver and also submitted a list of water saving devices to be used in the project. Councilman Peters said the Council has not yet developed a policy for waiving tap fees for employer built housing. Councilman Peters said he would be willing to waive the tap fees if the monthly rent is lowered from $450 to $375, and to also specify that the employ- ees for personnel reasons are not treated any differently or receive no change in benefits because they are occupying this affordable housing. Smith reminded Council they and the applicants have discussed the rents. There were concessions which lead to the rent of $450 per month. Smith said every dollar in this project is important. Smith pointed out this is the only deed restricted employer housing in front of Council. Smith said Council needs to send a message to other developers about providing housing. Smith said the Skiing Company will have to subsidize this project at $8500 annually. Mayor Stirling moved to waive the water tap fees in the amount of $24,000 and that maximum utilization of water conservation devices for the entire project be individually itemized; seconded by Councilman Gassman. Mayor Stirling said he feels the city needs to encourage everyone to do whatever they can to produce employee housing. Mayor Stirling said the Council has waived the water tap fees for all the public projects. Councilman Tuite agreed with the point of this not be treated as a benefit so that people do not get their fair wage due to them at this level. Councilman Peters said he feels he made a compromise at an earlier meeting in allowing the rents to be $450. Councilman Peters said he does not support a tap fee waiver as he feels it is a public subsidy of a private activity. Councilman Peters said the Council can waive tap fees for low to moderate income rents if it is shown this is passed on to the tenants. Councilman Gassman said the community is spending a lot of money providing housing. If every employer provided housing for their own employees, the community would not have to spend this money; these are units the community does not have to build. Councilman Crockett said he would like the Ski Company provide the city with some assurance that the savings will be passed on to the tenants. Smith said by waiving this fee, it suggests cooperation to other 16 Aspen City Council Regular Meeting October 10. 1989 developers. Smith said the water tap fee of $24, 000 represents 6.4 percent of the entire project budget. Smith said all the fees total 17 percent of the project. Councilman Crockett said he would like to facilitate housing by the private sector as much as possible. Councilman Crockett said he would like it demonstrated that this tap fee waiver is passed on to the tenants. All in favor, with the exception of Councilman Peters. Motion carried. Councilman Tuite moved to suspend the rules and meet until 10 p.m. ; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Crockett and Gassman. Motion carried. ORDINANCE #64, SERIES OF 1989 - Golf Course Pro Shop Contract Councilman Tuite moved to read Ordinance #64, Series of 1989; seconded by Councilman Peters. All in favor, with the exception of Councilmembers Gassman and Crockett. Motion carried. ORDINANCE #64 (Series of 1989) AN ORDINANCE APPROVING AN AGREEMENT BETWEEN ASPEN SPORTS INC. A COLORADO CORPORATION AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE OPERATION AND MANAGEMENT OF THE PRO SHOP LOCATED AT THE ASPEN CHAMPIONSHIP GOLF COURSE, SETTING FORTH THE TERMS AND CONDITIONS FOR SAID OPERATION, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- MENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Tuite moved to adopt Ordinance #64, Series of 1989, on first reading; seconded by Councilman Gassman. Bill Efting, leisure services director, said the city decided to go to bid on the golf course operation for a 5 year contract. Efting told Council he selected a committee to review the pro- posals. Efting said the Aspen Sports bid is not the highest financial bid. The committee met twice with both applicants, looked at their experience and what they have done. The feeling of the committee was that they knew what the incumbent, Aspen Sports, could do and how they run a golf course. The committee was not willing to bet that AGM, with no experience, was going to come in and do as good or better job. Efting said both groups did a lot of work and good ideas have come out of this process. Fred Gannett, city attorney's office, told Council staff asked for RFPs from anyone interested. The city received two. The committee met and recommended the bid be returned to Ernie Fyrwald. There 17 As.,pen City Council Regular Meeting October 10, 1989 were some concerns on the way the RFP was drafted. The RFP was redrafted and the two parties bid against each other. Gannett told Council there were 9 categories. The committee chose not to give a specific weight to any category over another. The committee met again today and voted to recommend to Council the contract be awarded to Fyrwald and Aspen Sports. Frank E. Peters, AGM, told Council his group is comprised of people who play golf and live in Aspen. Peters said AGM saw the golf course as needing attention and care, and the city does not have the money to give it this attention. Peters said the city is getting a disproportionate share from the revenue generated by the pro shop. Peters said they plan on keeping the employees currently at the golf course. Peters said their bid has given the city a guaranteed minimum revenue of $75,000 annually. Peters said they will purchase all new equipment for the golf course. Ernie Fyrwald, Aspen Sports, told Council he has run the operation at the golf course for 8 years. Fyrwald said he knows what the operation can realize. Fyrwald told Council he employees a minimum of 11 people, some of whom has been with him for years. Fyrwald said he is giving the city everything the golf course nets. Councilman Crockett said Council has an advisory committee who has looked into this in great detail. Councilman Crockett said they \ have come up with a recommendation, and he will go with that. Councilmembers Gassman and Peters agreed. City Manager Bob Anderson said the Peters group has a better financial proposal ; the issue is whether this is outweighed by the other criteria. Roll call vote; Councilmembers Gassman, yes; Crockett, yes; Tuite, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #60, SERIES OF 1989 - HPC By-laws Amendment Councilman Tuite moved to read Ordinance #60, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #60 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 4-401 THROUGH 4-406, OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ADDRESSING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMITTEE was read by the city clerk Councilman Tuite moved to adopt Ordinance #60, Series of 1989, on first reading; seconded by Councilman Peters. Roll call vote; 18 Aspen Cites Council Regular Meeting October 10, 1989 Councilmembers Tuite, yes; Crockett, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #61, SERIES OF 1989 - Code Amendment HPC Inventory Councilman Tuite moved to read Ordinance #61, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #61 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 7-709.C. OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ADOPTING THE METHOD FOR RE-EVALUATION OF THE ASPEN INVENTORY OF HISTORIC SITES AND STRUCTURES was read by the city clerk Councilman Tuite moved to adopt Ordinance #61, Series of 1989, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Crockett, yes; Tuite, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #63, SERIES OF 1989 - R15A Code Amendment; Side Yard Mayor Stirling moved to read Ordinance #63, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #63 (Series of 1989) AN ORDINANCE OF THE CITY OF ASPEN AMENDING CHAPTER 24, ARTICLE 5, DIVISION 2, SECTION 5-203(D)(5) OF THE MUNICIPAL CODE PERTAINING TO THE MINIMUM SIDE YARD IN THE MODERATE DENSITY RESIDENTIAL (R-15A) ZONE DISTRICT was read by the city clerk Councilman Tuite moved to adopt Ordinance #63, Series of 1989, on first reading; seconded by Councilman Crockett. Councilman Peters said another way to do this might be to give the applicants a consolidated PUD approval for a 7.5 sideyard setback and not amend the code. Tom Baker, planning office, told Council single family is exempt from PUD; however, he will look into this. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Crockett, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 19 As en Cit Council Re ular Meetin October 10 1989 ORDINANCE #66, SERIES OF 1989 - 0015 Harbour Lane Zoning Councilman Tuite moved to read Ordinance #66, Series of 1989; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #66 (Series of 1989) AN ORDINANCE ZONING 0015 HARBOR LANE, A 6, 000 SQUARE FOOT PARCEL LOCATED ALONG CASTLE CREEK IN THE WESTERN PORTION OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO TO R-15A (PUD) was read by the city clerk Councilman Tuite moved to adopt Ordinance #66, Series of 1989, on first reading; seconded by Councilman Crockett. Roll call vote; Councilmembers Peters, yes; Crockett, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. INCENTIVES FOR UPGRADING STOVE AND FIREPLACES Lee Cassin, environmental health department, said she would like direction from Council on whether they would like to do an incen- tive program and then the specifics of that program. Ms. Cassin said this program would offer financial incentives to people who would volunteer to upgrade their stoves or fireplaces. The Clean Air Board has studied this and has some recommendations. Ms. Cassin told Council Telluride offers $750 to upgrade, and very few people have taken advantage of that. The CAB feels the incentive would have to be significantly more than $750. Another issue is how many stoves and fireplaces the city would like to see removed. Ms . Cassin said another issue is if the program is going to pay for itself , how much money should it generate and how. Ms . Cassin said if the city charged $10 per month fireplace fee, this would generate between $500,000 and $600,000 a year. Ms. Cassin said an issue is how should the program should be funded; general fund, funding it based on pollution - a tax on firewood or a tax on stoves and fireplaces. Ms. Cassin said the environmental health department is concerned about a tax on stoves. When the fireplace registration was started, they received some accusations that if people register their devices, the city was going to take them away. An issue is if there should be exemptions from the fireplace tax for the elderly or people who cannot afford to pay. The Clean Air Board looked at different amount for removing a device entirely compared to conversion to natural gas. Ms. Cassin said administra- tion of a billing and incentive program would require additional staff. 20 Aspen City Council Regular Meeting October 10. 1989 Mayor Stirling pointed out Council has not met with the Clean Air Advisory Board on the goals statement. Mayor Stirling suggested meeting on the goals and also on this issue. Mayor Stirling moved to meet with the Clean Air Advisory Board November 2 at 5 p.m. on the goals and mission statement and review of incentives; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. PLANNING OFFICE BUDGET AMENDMENT Councilman Tuite moved to increase the budget in the planning and zoning office by $36,670 for additional services and supplies, an additional city case planner and consultant services for county policy work; seconded by Councilman Crockett. Amy Margerum, planning director, told Council the Commissioners have voted to not go forward with the consultant services for county policy work. The planning office needs $16,670. Councilman Tuite amended his motion to reflect the above changes; seconded by Councilman Crockett. All in favor, motion carried. Councilman Tuite moved to direct the finance department to include the above mentioned items on the next appropriations ordinance; seconded by Councilman Peters. All in favor, motion carried. SIDEWALK AND PEDESTRIAN PLAN Amy Margerum, planning director, told Council she and the city engineer have worked on what can be done to accomplish the Council's goals. Ms. Margerum proposed to start with the transpor- tation element that was adopted by Council last year. This plan laid out pedestrian walkways and corridors that correspond to the trails and the transportation drop offs. Ms. Margerum said this will be overlaid with the engineering department's work on drain- age. Once this is together, staff will hire an outside consultant or landscape architect to design what pedestrian walkways should look like incorporated into other engineering needs. Ms. Margerum said some alley work and streetscape work can be incorporated into this project. Ms. Margerum said if Council is interested, staff will work on RFPs and come back to Council with some consultant bids. Councilman Peters said he would like this to incorporate tree planting. Mayor Stirling moved to direct staff to go approach and get back to Council as soon as Councilman Crockett. All in favor, motion for RFPs on possible; carried. this whole seconded by 21 As en Cit Council Re ular Meetin October 10 1989 Mayor Stirling moved to suspend the rules and continue the meeting to 10:15 p.m.; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. RESOLUTION #29, SERIES OF 1989 - South Seventh Street Extensions Fred Gannett, city attorney's office, told Council this resolution was written by Hans Gramiger and contains the minutes of the Council meeting when Council passed the recommendation that the county accept two parcels of land; one deeded by Hans to the county, the other an easement by an abutting land owner. Sandy Stuller, city attorney's office, said this resolution contains elements that Council has not discussed, that it is for the extension of the Marolt trail and that the city will pay for it. Councilman Gassman said this is a real estate transaction, and it is insane to act on it without having the attorney's staff review it. Councilman Gassman moved to direct the city attorney's office look into this and make whatever recommendations they see necessary; seconded by Councilman Peters. City Manager Bob Anderson said this resolution seems to imply that the city is going to do some improvements, which were not dis- cussed. Hans Gramiger said it is overstating the fact that this is a real estate transaction. Gramiger said the Seventh street right-of-way is owned by the county. Gramiger said it would not make sense to deed this to the city. Gramiger said the county would like to have something in writing from the city that they are not against this land transaction. Councilman Peters said the intent is to widen Seventh street and making safety improvements. All in favor, motion carried. CITY MANAGER INTERVIEW PROCESS Councilman Crockett said he would like to get as much help and input in hiring a city manager as possible. Councilman Crockett suggested incorporating in the hiring process the people that the city manager will be supervising, like the agency heads or depart- ment heads. Councilman Peters said it would be all right to do that informally but not to have it included in the process of reviewing prospective city managers. Councilman Tuite agreed. Mayor Stirling said it is the Council's responsibility to interview and hire a city manager. Mayor Stirling moved to continue this meeting to an executive session at 5:00 p.m. October 11, 1989; seconded by Councilman 22 Aspen City Council Regular Meeting October 10, 1989 Peters. All in favor, with the exception of Mayor Stirling. Motion carried. Council left the meeting at 10:15 p.m. ,~ ~~ ~~ Kathryn K ch, City Clerk 23