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HomeMy WebLinkAboutminutes.council.19891023Regular Meeting Aspen City Council October 23, 1989 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 3 CONSENT AGENDA 5 ORDINANCE #57, SERIES OF 1989 - Campaign Contribution 6 ORDINANCE #59, SERIES OF 1989 - Affordable Housing Zone 7 19 9 0 BUDGET 9 LOCAL PREFERENCE ORDINANCE 9 ORDINANCE #67, SERIES OF 1989 - Appropriations 10 PROPOSED ECOLOGICAL BILL OF RIGHTS 11 NOTICE OF APPEAL BY ASPEN SOCIETY FOR ANIMAL RIGHTS OF CCLC DECISION 11 RESOLUTION #39, SERIES OF 1989 - Notice of Noncompliance of Aspen Mountain Subdivision PUD 12 OPEN SPACE NEAR EAGLE' S CLUB 13 RESOLUTION #29, SERIES OF 1989 - Seventh Street 14 DELICATESSEN AS A CONDITIONAL USE IN THE N/C ZONE 14 ENCROACHMENT REQUEST - Longrun Ltd. 15 TREE PLANTING PROGRAM 16 REQUEST FOR FUNDS - Executive Recruiter for City Manager 16 18 Regular Meeting __ Aspen City Council October 23, 1989 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Peters, Crockett and Gassman present. CITIZEN PARTICIPATION 1. Spence Videon, representing RFTA, told Council RFTA is trying to come to grips with the problem of highway 82. Videon said without trying to do something drastic to eliminate the problems on highway 82, there may be gridlock. RFTA is proposing to decrease the bus fares 50 percent for passes. Videon said RFTA feels this will generate additional ridership and RFTA will have to get 5 additional buses. Videon said this will cost approxi- mately $190,000. Videon requested Council budget up to 1/3 of the cost of the program or $61,000. Videon said RFTA will pay a like amount and will also ask the county for $61,000. Dan Blankenship, general manager RFTA, told Council they need to make a decision within 3 weeks in order to get the vehicles ready for the winter season. Blankenship told Council RFTA will be in front of Council November 13 with their original budget for adoption. Councilman Gassman said he would prefer to consider this request in the context of the rest of the budget. Mayor Stirling pointed out the Council has $129,000 left in their contingency. Blankenship told Council RFTA can accommodate this program with their current budget and revenues for the rest of 1990. Councilman Crockett said this is a move in the right direction. Mayor Stirling said he would prefer to wait until November 13 so the Council can match this request against their own budget requests. Dwight Shellman, city's RFTA representative, told Council this also requires county participation and they would like to have an indication of how Council feels about this. Mayor Stirling moved Council support this request not to exceed $61,000 for the purposes outlined by RFTA subject to Council's scrutiny of the RFTA budget and the city budget and a formal approval of this on November 13; seconded by Councilman Crockett. All in favor, motion carried. 2. Dwight Shellman, RFTA representative, presented Council with a letter regarding the cross town shuttle. Shellman said in this proposal the buses would be consolidated on Main, Original and Durant. Shellman said this letter is for Council to send to RFTA instructing the city's representatives to get the shuttle in service. Councilman Peters said he feels two-way service on Main street is logical. Mayor Stirling said he has always supported a cross town shuttle. Councilman Peters moved to have the Mayor sign this letter on behalf of Council to encourage the cross town shuttle; seconded by Councilman Crockett. All in favor, motion carried. 1 Regular Meetinq Aspen City Council October 23, 1989 3. Jim Colombo requested VIII(i) Delicatessen as Conditional Use be moved up on the agenda so that Council will get to it as it has been tabled twice. Mayor Stirling said Council will commit to getting to this item tonight. 4. Fritz Benedict said he and Mayor Stirling addressed a design conference on resort planning last week. Benedict said they assembled a set of slides going from to the mining days to the present. Benedict suggested there might be a showing of this in Aspen. Mayor Stirling said there are open dates at the Wheeler November 15, 16, and 17. Mayor Stirling said this might be a context for a public discussion about the issues of the day. Council said they are interested in this plan and asked Mayor Stirling to work on this and report back. Councilman Peters suggested the Council also talk about their goals at the same meeting. 5. Bob Lewis told Council the highway department and forest service are having an inspection meeting on the Weller cut November 1 in the a . m . The highway department and forest service would 1 ike to meet with the city and county to discuss how the $20,000 donation will be spent. Lewis suggested the city invite the engineers of Schmeuser, Gordon and Meyer. Council scheduled this for November 1 at 11 .m. Council requested staff notify the engineers and that Bob Lewis invite someone from the Governor's office. 6. Dick Butera said one of the things Aspenites pride themselves on is the way the town looks, the architecture and the preserva- tion. Butera said there is a great effort made by the planning office and the HPC to preserve architecture and to make sure new buildings meet neighborhood standards. Butera said he is afraid this is being let down in the public construction area. Butera requested Council consider asking the architectural community of Aspen come up with a 3 person committee to review all government construction projects. Butera showed a picture of the replacement roof at the Red Roof Inns, a white asphalt shingle roof, which is not aesthetic. Butera said there are two projects being built at the entrance to town, the expansion of the Red Roof Inns and the Marolt housing project. Butera said a city does not have to make lower income government projects stand out in a fashion of being uglier than anything else in this community. Butera suggested an architectural committee to help the city police their projects. Councilman Gassman said he has resisted having government get into design review; however, it may be appropriate for government projects. Councilman Gassman said everyone gets going with enthusiasm on a project and a rigorous review can get left out. 2 Regular Meetina Aspen City Council October 23, 1989 Councilman Gassman suggested expanding the role of HPC rather than forming a new committee. Mayor Stirling moved to direct this to Amy Margerum, the planning director, have her meet with Butera and other interested persons and come back to Council with a recommendation on how the Council might accomplish this; seconded by Councilman Peters, All in favor, motion carried. 7. Mark Kirkland, representing the ACCC, told Council Mayor Stirling had said their appeal to be able to use the mall could probably get on tonight's agenda. Kirkland said the ACCC feels they would be better served to not proceed with their plans to have a tepee on the mall on the second day of the ski season and when a lot of press will be here for the Hotel Jerome's 100th anniver- sary. Kirkland said the ACCC feels this would be damaging to Aspen's image. COUNCILMEMBER COMMENTS 1. Councilman Peters requested a work session early November to meet with Jim Kent and representatives of the forest service and city staff to review the National Environmental Policy Act of 1969, which is a provision requiring agencies of the federal government to mitigate their negative social and economic impacts. Councilman Peters said this perhaps could help in solving some employee housing problems. Council scheduled this for November 20th at 6:30 p.m. Mayor Stirling asked if there are costs to the city for producing this seminar. Councilman Peters said it will probably costs around $200. Mayor Stirling moved to allocate $200 from Council's contingency; seconded by Councilman Gassman. All in favor, motion carried. 2. Councilman Peters said at a joint meeting with the Commis- sioners, they discussed generating a letter of support for the concept of a railroad unanimously approved by the city and county and then forwarded to Snowmass, Eagle and Garfield counties. Councilman Peters requested City Manager Bob Anderson to follow up. Anderson said the county has drafted a letter and this will be on the next Council agenda. 3. Councilman Peters said Council toured 1010 Ute Avenue project and noticed several areas of non-compliance with the PUD, including rubble on city property, destruction of vegetation on city property, transformers in the trail easement. Fred Gannett, city attorney's office, told Council he has started a letter of non- compliance with the provisions of the PUD agreement. This will be on the agenda November 13th. 3 Regular Meeting Aspen City Council October 23, 1989 4. Councilman Peters asked if any Councilmember would be willing to consider the parking amnesty. Councilman Peters the lack of enforcement seems to have had only negative effects on the town. Mayor Stirling said he feels it is more consistent if the city continues to enforce parking through the off season. Councilman Crockett said he would rather let this ride for the remainder of the off season. Councilman Gassman agreed. 5. Councilman Peters said the housing authority has an enforce- ment person to make sure deed restricted housing units are occupied. Councilman Peters said there is a utilization problem in the municipally developed projects. Councilman Peters said there are two and three bedrooms apartments being used as a one bedroom apartment with an office, which is a waste of residential space. Councilman Peters said this is also discriminating against families who need the larger units. Councilman Peters said the housing authority has just decided to grandfather in the uses of under utilized units. Councilman Peters said he would like Council to request the housing authority reconsider this. Councilman Gassman said the housing authority has agreed to not make any change until the annual review of the housing guidelines. Councilman Gassman said this is not a simple issue and has had a lot of discussion. Councilman Gassman said Council needs to schedule a work session on housing policies that came out of the session with Chuck Vidal and Glenn Horn last week. Council will schedule this later. 6. Councilman Peters said he has been working with Tom Farrell and Jim Adamski on using the restaurant space at the Red Roof Inns as a teen center on a leased basis during the winter. Councilman Peters said this is not used at all during the winter. Councilman Peters said there is support on the housing board to lease this to the city. Councilman Peters said this may take $15, 000 to get this started and staff for after school activities. Mayor Stirling asked if Peters has discussed this with the teen center committee who have been working on the proposed building at the Rio Grande. Councilman Peters said some of the teens involved are involved in both projects. Councilman Peters said they do not see this as a substitute but as a near term facility. Councilman Peters said the Red Roof Inns is under-utilized. Mayor Stirling and Councilman Gassman said they favored the proposal. Councilman Crockett asked about using this as a day care center. Councilman Peters said that could also fit in. Councilman Peters said he would like the city to help with the lease, insurance and some supervision. Council asked this be brought to the November 13th agenda. 7. Councilman Gassman requested a work session for the housing policy issues. The utilization of housing units can also be discussed. Council scheduled this for November 7 at 5:00 p.m. 4 Regular Meeting Aspen City Council October 23, 1989 8. Mayor Stirling requested removal of VIII(f) Aspen Grove Cemetery Fence from the agenda. Council scheduled a meeting for Council representatives, homeowners and cemetery board for November 6 at 3:30 p.m. 9. Councilman Crockett said he would like to schedule a work session on the local minimum wage to include planning, housing and finance staff members. Council scheduled this for December 4 at 5 p.m. Councilman Crockett said he would like to make sure there are representatives from the community l0. Councilman Crockett thanked Bill Efting and the city staff for moving the Council goals along. 11. City Manager Bob Anderson told Council the ordinance for waiving water tap fees will be on the agenda November 13th. 12. City Manager Bob Anderson said he would like a Council member work with him on what to do with the city-owned duplex on Cemetery Lane. Councilman Peters said he would be willing to work on this. 13. Bill Efting told Council he is meeting with staff on the Council goals. Efting suggested having an article for the newspaper by December to state the goals for the public. 14. Bill Efting told Council he looked at the playing field at the Rio Grande in light of the suggestion that the field be moved. Efting said this would be hard to do and the cottonwood trees would have to be taken down. Councilman Crockett said he would like to have the goals published with a cover letter rather than wait until December. Mary Martin said the goals should be more definitive. Councilman Crockett said the Council has set the overalls goals and the staff is working to generate how Council will accomplish that. CONSENT AGENDA Councilman Gassman moved to approve the consent agenda; seconded by Councilman Peters. The consent agenda is: A. Minutes - October 9, 1989 B. Liquor License Renewals - Clark's; City Market; Chart House; Hibachi, Maurices; Bentley's C. Resolution #38 1989 - LEAF Grant D. Marolt Lease - Gish (Fred Gannett) All in favor, motion carried. 5 Regular Meeting Aspen City Council October 23, 1989 ORDINANCE #57, SERIES OF 1989 - Campaign Contribution Mayor Stirling opened the public hearing. Councilman Peters said at the last public hearing Council had some concern about cutting off contributions 10 days before the election and about the lack of a provision for limiting individual's contributions to themselves. Councilman Peters pointed out the cut off date has been changed to 7 days before the election. Council- man Peters told Council limiting contributions of a candidate to themselves has been challenged and struck down at the supreme court level. Bil Dunaway said besides the 7 day limit on receiving contribu- tions, there is also a 7 day limit on expenditures. Councilman Peters said that could be eliminated. Councilman Peters said the point is where the money comes from. Sandy Stuller, city attor- ney's office, said there are no limits on expenditures in terms of when they are made except for individual candidate's expenditure. Councilman Peters said a contribution to oneself would have to be done 7 days before the election. Councilman Peters said it is his intention to make sure that all the money that is being spent is reported. Councilman Crockett said this ordinance is a mechanism to better educate the public on what is going on in campaigns and elections. Councilman Crockett said the spending cannot be limited, so this will show the public how much money is coming in and where it is coming from. Chris Bigley said there are disclosure requirements currently and is nothing being hidden by the expenditures that are coming into the community. Bigley objected to the window of 7 days. Spence Videon said he is opposed to the legislation. It sells short the intelligence of the community. Councilman Crockett said it is too late to change one's mind after a vote which is when the campaign contributions are published. Councilman Crockett said this ordinance is aimed at getting as much information to the voter prior to voting. Richard Roth said this legislation is beneficial because it puts a reasonable cap on the amount of a contribution; it requires publication before the election; it expands disclosure and reporting requirements in a earlier fashion. The ordinance also improves the enforcement of the campaign finance laws. Mayor Stirling closed the public hearing. Councilman Peters suggested amending section 3(a) by adding "No person shall accept any contribution (including contributions to a candidate from the candidate himself or from members of his 6 Regular Meeting ___ Aspen City Council October 23, 1989 immediate family), nor shall anv person make anv independent expenditures, later than 7 days prior to any election". Councilman Peters said a person can spend money on a campaign but they cannot collect any more money. Mayor Stirling said he likes the disclosure aspect of this ordinance. Mayor Stirling said this ordinance will encourage people to try and get around it and denigrate the process. Councilman Peters said the benefit of having the voters know who is supporting whom overrides all the negatives of the ordinance. Councilman Peters moved to adopt Ordinance #57, Series of 1989, on second reading as amended in 3(a) as discussed; seconded by Councilman Gassman. Roll call vote; Councilmembers Crockett, yes; Peters, yes; Gassman, yes; Mayor Stirling, no. Motion carried. ORDINANCE #59, SERIES OF 1989 - Affordable Housing Zone Amy Margerum, planning director, reminded Council they directed staff to develop language for a free market exemption from the GMP and to put a cap of 14 units on that. Ms. Margerum said Council also suggested a 60/40 percentage split between FAR and bedroom mix. Ms. Margerum pointed out a provision has been added to clarify that this zone district will allow for subdivision between the free market component and the affordable housing component. Ms. Margerum proposed not to include a 60/40 FAR split. Ms. Margerum said staff feels that the 60/40 bedroom mix in conjunction with the 70/30 unit mix will provide for the mix of affordable housing. Ms. Margerum said including the 60/40 FAR mix would make it difficult to come up with appropriate projects and may result in projects of too high a density. Ms. Margerum said the ordinance has been simplified by including the dimensional requirements equal to those allowed in R-6 zone districts. Ms. Margerum said separate dimensional requirements for the affordable housing district would be self-limiting. Ms. Margerum said in the free market exemption cap, Council would have the flexibility of borrowing from the future. Ms. Margerum said the cap may scare people away from using this zone district, and staff wanted to make it clear there is some flexibility. Leslie Lamont, planning office, showed examples of this zone on lots of 6,000 square feet, 18,000 square feet and 60,000 square feet; the free market and the affordable housing units that could be built. Mayor Stirling opened the public hearing. Ms. Margerum told Council this zone is primarily intended for vacant lots or newly annexed land as a tool for encouraging 7 Regular Meeting _ Aspen City Council October 23, 1989 affordable housing while also allowing free market units. Richie Cohen asked if this zone district is going to be by application of the owner of the land. Mayor Stirling said the AH zone will be applied for by owners of land. Cohen asked if the city will be more flexible in applying things like slope density reduction or stream margin reduction to allow this zone to be maximized. Ms. Margerum said one will have to comply with the other provisions of the code. Bob Walker asked if the cap of 14 free market units extends to allowing no more than 32 affordable units. Ms. Margerum said this is not the only mechanism the city will be using to decrease the city's short fall of affordable housing. Ms. Margerum said staff discussed how much it will be appropriate to increase the density for affordable housing and how much the private sector will take advantage of it. Council clarified there is no cap on the affordable housing units. Rachel Richards said this ordinance is an exciting opportunity for the development of affordable housing. Chris Bigley said the agenda that is being made for affordable, available housing to people who are now living in the community that have this kind of space made available is exceptionally well handled by the Council. Bigley said the Council is matching an issue with true vision and also allowing the private sector to play a part. Bigley said the cap becomes another lever, similar to what the GMP is producing in the county. Bigley said if this is opened up to the private sector and Council wants affordable housing, they should not be limiting it to 14 free market units. Joe Wells said it is not clear how someone performs the calcula- tions if they are coming forward with a free market single family and a restricted multi-family project. Wells said the city has to give a developer an opportunity to at least break even with the underlying zoning. Wells pointed out a developer is giving up part of his land for affordable housing and is left with a smaller chunk of land on which to calculate his FAR. If a developer is in the R-15 or R-30 zone, he is being further penalized by having to use the FAR scale for the R-6 on the remainder of the land. Ms. Margerum said one option is to use the base density of the lot; a person could build on their free market side exactly what is currently allowable. Ms. Margerum said staff felt by using the R-6 FAR and lot sizes the results would be more compatible with affordable housing as opposed to the larger houses of other zone districts. Mayor Stirling closed the public hearing. Councilman Gassman said he is a concerned about the increase in density, which is almost twice that of the R-6 zone. Councilman Gassman said Council has recently reduce the FAR in R-6 to reduce 8 Regular Meeting Aspen City Council October 23, 1989 the size of houses. Councilman Peters said this is a powerful land use tool and the city has to be careful how it is used. Councilman Peters said the cap allows Council as well as the applicant to be discriminating in applications. Councilman Gassman noted the ordinance refers to resident occupied and to restricted. Council- man Gassman asked how these get allocated, and if they are referred to as the same, isn't all the city will get are resident occupied. Ms. Margerum said every lot is different and every lot may need a different mix to work. Ms. Margerum said the city will have to be very careful in review of projects to make sure they feel comfort- able with what is being proposed. Councilman Crockett said if the city is going to error, they are going to error on the side of affordable housing because of the cap on free market. Mayor Stirling pointed out this ordinance is only part of the overall strategy for affordable housing. Mayor Stirling said the cap is part of the checks and balances of this ordinance. The city wants to have produced affordable housing and match the production against density issues. Councilman Peters moved to adopt Ordinance #59, Series of 1989, on second reading as amended; seconded by Councilman Crockett. Roll call vote; Councilmembers Gassman, yes; Crockett, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 1990 BUDGET Mayor Stirling opened the public hearing. Councilman Peters moved to continue the public hearing to November 13, 1989; seconded by Mayor Stirling. All in favor, motion carried. LOCAL PREFERENCE ORDINANCE Fred Gannett, city attorney's office, presented three draft ordinances for Council's discussion. Gannett told Council in researching local preference, jurisdictionally it is evenly divided whether or not local preference can be sustained constitutionally. Gannett told Council Colorado has a local preference statute encouraging Coloradans to buy Colorado, which may be an indication of how the courts of Colorado feel. Gannett said there are two types of local preference ordinances; the first is a procurement code format, which the city does not have; the second is residency requirements. This is where the city would adopt a policy that low bidders hire a certain percentage of their workers from a local area. Gannett said the local area can be defined as the Roaring Fork river drainage, which is from Aspen to Glenwood. Councilman Peters said he feels a residency requirement could be incorporated into a local preference ordinance if the city provided that if such a requirement raised the cost of that project by 5 9 Reaular Meetinq_ Aspen City Council October 23, 1989 percent or more, the 50 percent residency requirement would be waived. Councilman Peters pointed out projects like the parking garage required very technically skilled help that may not be available locally. Gannett said most of the ordinances he researched have safety clauses like that. Councilman Crockett said he feels hiring locally is beneficial to the entire community. Councilman Crockett said he would like to pursue this with comments from finance, engineering, housing and the attorney's office. Councilman Gassman said his preference is the simplest ordinance. Councilman Gassman said he does not have a problem with getting staff comments on the other alternatives. Councilman Peters said this legislation is a way to recognize the indirect costs of having people come from out of town to do work in Aspen. Councilman Crockett moved to ask the city attorney's office to continue working on this and to solicit input from finance, engineering, housing on alternatives B, C, D, included for comment and also get input from the local contractors; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #67, SERIES OF 1989 - Appropriations Councilman Gassman moved to read Ordinance #67, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #67 (Series of 1989) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $72,500; APPROPRIATING GENERAL FUND EXPENDITURES OF $257,840; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $19,350; TRANSFERRING $1,400 FROM THE GENERAL FUND TO THE ASSET REPLACEMENT FUND; APPROPRIATING LAND FUND EXPENDITURES OF $500; REDUCING WHEELER TRANSFER TAX FUND EXPENDITURES OF $1,000; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $1,400; REDUCING WATER FUND EXPENSES OF $8,500; AP- PROPRIATING ELECTRIC FUND EXPENSES OF $7,200; APPROPRIAT- ING RUEDI FUND EXPENSES OF $4,200; APPROPRIATING GOLF COURSE FUND EXPENSES OF $30,000; rEDUCING GOLF cOURSE FUND EXPENSES OF $1,400; RECOGNIZING ICE GARDEN FUND REVENUES OF $10,500; APPROPRIATING ICE GARDEN FUND EXPENSES OF $8,500; REDUCING ICE GARDEN FUND EXPENSES OF $3,300 was read by the city clerk Councilman Gassman moved to adopt Ordinance ##67, Series of 1989, on first reading; seconded by Councilman Peters Roll call vote; Councilmembers Peters, yes; Crockett, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. 10 Regular Meeting Aspen City Council October 23. 1989 PROPOSED ECOLOGICAL BILL OF RIGHTS Susie Allison told Council there has been a resurgence in environ- mental concerns evidenced by letters to the editors, growth of memberships in environmentally-oriented organizations and community activism. Ms. Allison told Council a group of residents represent- ing environmental organizations decided to articulate concerns about continuing threat to the environment of Aspen and Pitkin county. Out of this came the ecological bill of rights. Ms. Allison said to be meaningful this bill of rights should be the policy basis for every decision made in Aspen. Ms. Allison said the groups feels that protection of the natural resources of this valley should be the governments' most pressing concern. Councilman Crockett said a lot of these can be incorporated into the Council's goals. Councilman Peters suggested these be a separate bill of rights of the Council's goals. Councilman Peters said he would like to see if these could also be incorporated into the land use code. Mayor Stirling recommended this bill of rights be put in resolution form for Council adoption. This should be included in the agenda like the goals are. Bob Lewis told Council a constitutional amendment is being introduced which encompasses a lot of these bill of rights. Hal Clark urged Council to support this. Murray Pope said because this is a tourist community, these values are very important and should be incorporated as part of the decision making processes. Tim said the groups would like to continue to work to see there is implementation of these rights. Mayor Stirling proposed Council have a final resolution to be adopted November 13th. Mayor Stirling moved to accept as an extension of the Council declaration of 1989 the ecological bill of rights which has been presented tonight; seconded by Councilman Crockett. All in favor, motion carried. NOTICE OF APPEAL BY ASPEN SOCIETY FOR ANIMAL RIGHTS OF CCLC 1~F.C_T~TnN Mayor Stirling said this is an appeal of a CCLC decision to not let the Aspen Society for Animal Rights use the mall. Mayor Stirling said he talked to the ACCC last Friday and confirmed they could come on this agenda if they choose. Mayor Stirling said he sought an opinion from Fred Gannett, city attorney's office, about his role because Katharine Thalberg, Mayor Stirling's wife, is making the presentation to Council. Mayor Stirling said Gannett deter- mined he does not have a conflict of interest in this issue. Mayor Stirling said he wants Council and the public to feel comfortable and he is not going to participate in this particular issue. Mayor Stirling said he does not think he is foreclosed from participating 11 Regular Meeting __ Aspen City Council October 23, 1989 in any future discussion of this issue. Mayor Stirling left the room. Councilman Gassman said this is not a public hearing. The issue is something Council could spend a lot of time on. However, it will be discussed a lot by both sides. Councilman Peters moved that the city grant a mall permit both for the Aspen Society for Animal Rights and for the ACCC with the condition that there be no selling of any merchandise, no loud speakers for speeches or amplified music; seconded by Councilman Crockett. Councilman Crockett moved to call for the motion; seconded by Councilman Peters. All in favor, motion carried. Chris Bigley asked for a legal opinion if what the Council just did was legal. Sandy Stuller, city attorney's office, said it was. Katharine Thalberg, Aspen Society for Animal Rights, said Council has taken out of their application several things that are impor- tant to them and asked if that means Council has denied their application. Councilman Gassman said Council amended the applica- tion and approved part of it. RESOLUTION #39, SERIES OF 1989 - Notice of Noncompliance of Aspen Mountain Subdivision PUD Sandy Stuller, city attorney's office, told Council this resolution is a compilation of results of staff's investigation of compliance of the Hadid project with the PUD agreement with the land use regulations of the city as well as the building permit. Ms. Stuller said this resolution is an attempt to evaluate the com- pliance to date of this project with conditions of approval and with local regulations. Ms. Stuller told Council the PUD agreement provides for this type of mechanism, which is to allow the city to evaluate compliance with the conditions of approval. The procedure is set up so that if this resolution is issued, the land owner has 20 days in which to respond, either to request a public hearing or object to the findings, make a request for extension of time to come into compliance or to request other and different actions from the city. Ms. Stuller said this is not a public hearing but is an opportunity to set in motion the compliance procedure based on information that she has about compliance of the project. Councilman Crockett said this is fulfilling the city's terms of the contract by requesting Savanah Ltd to demonstrate why they are not in compliance. Councilman Crockett said Savanah Ltd. will reply and then there will be a hearing. 12 Regular Meeting Aspen City Council October 23, 1989 Bob Hughes, representing Savanah Ltd., pointed out they have before asked that Councilman Peters recuse himself from the proceedings on the Ritz Carlton. Hughes submitted a letter to the record asking that Peters recuse himself. Ms. Stuller suggested Council wait for the response before setting a public hearing. Ms. Stuller told Council she has problems with the general timetable for completion of the project, and initiation of rezoning and develop- ment of the ice rink and park. Ms. Stuller said the PUD agreement has a development schedule as required in the code. Ms. Stuller said this anticipates that the project will be done in a timely manner pursuant to representations of the applicant. In considera- tion for part of the approval, the public facilities will also be developed in a timely way. Ms. Stuller said another area of concern has to do with the construction schedule which has been submitted as required by the PUD agreement . Ms . Stuller said major areas of the construction schedule have not been complied with. Ms. Stuller said another area of concern is under the UBC, some of the building permits have expired and/or the required completion requirements have not been complied with. Councilman Gassman moved to adopt Resolution #39, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. OPEN SPACE NEAR EAGLE'S CLUB Fred Crowley told Council below the Eagle's Club to the north, there is empty open space owned half by the Eagle's and half by the city. Crowley said they think it was designated as open space and park. The land is being used as a dump. Crowley told Council the Eagle's Club was approached by the Boy Scouts to do a project for the betterment of the community. Crowley told Council the Eagle's have contacted the Parks Association and the parks department to work on this project for next year. Crowley said there is no trail to the parking structure. They would like to connect this trail to tie into Spring street. Crowley pointed out Creektree sub- division built a fence so there is no access from the Rio Grande up to Spring street. Crowley said they would like conceptual approval from Council to start this work to make this open space into a city park. Crowley told Council they would like to name this Newberry park at a ceremony November 11th. Councilman Gassman said he feels this is a good idea and should be encouraged. Councilman Gassman said the more private entities that want to help build parks the better. Councilman Gassman asked staff to look into the trail status and to the approvals of Creektree. Councilman Gassman moved to encourage the Eagle's Club and Boy Scouts to go ahead with the park and to direct the attorney to look into the approvals of Creektree to see if a pedestrian access 13 Regular Meeting Aspen City Council October 23, 1989 through the subdivision can be achieved; seconded by Councilman Crockett. All in favor, motion carried. RESOLUTION #29, SERIES OF 1989 - Seventh Street Councilman Gassman moved to adopt Resolution #29, Series of 1989; seconded by Councilman Peters. Sandy Stuller, city attorney's office, told Council this resolution is an endorsement to the county to accept this right-of way. All in favor, motion carried. Hans Gramiger recommended Council not adopt this resolution because it will not cut mustard with the county. Councilman Peters requested the city manager talk to the county manager or Commis- sioners and give Council a report back. Gramiger said no one in the neighborhood wants a larger street. The right-of-way is what the city or county should own. Gramiger said in the resolution he drafted he indicated what the purpose of this donation of land is, which is the creation of a path. Ms. Stuller said her resolution does not condition the land donation on a particular use nor does not commit the city to construct the trail. DELICATESSEN AS A CONDITIONAL USE IN THE N/C ZONE Leslie Lamont, planning office, told Council this is a requested code amendment seeking that a delicatessen be a conditional use in the N/C zone. This went to P & Z in August; P & Z recommended denial of the application that introducing seating in the N/C zone district through a delicatessen was not the way to go. Ms. Lamont said staff agrees if seating is introduced in the N/C zone it will lead to more intensive food service establishments. Ms. Lamont said P & Z directed staff to try and come up with a code amendment that allows limited seating in the N/C zone. Councilman Gassman said it seems this application is what the city wants in a locally oriented zone. Councilman Gassman said this does not seem to be a tourist oriented business. Councilman Gassman said it is difficult to see how some seating without waiters will change the business. Councilman Crockett said the intent of N/C zone is supported in a delicatessen without seats. Councilman Crockett said he feels this is the first step of an erosion of the N/C zone. Councilman Peters pointed out it is not furthering Council's goals to be developing a restaurant type operation in an N/C zone. Sandy Stuller, city attorney's office, sai when the zoning code was adopted in 1975. was that the downtown of Aspen was losing d this category was new The fear at that time local business and was 14 Regular Meeting Aspen City Council October 23, 1989 giving way to more competitive businesses, like restaurants and boutiques . Ms . Stuller said the N/C zone was designed to be a last stand of local everyday needs. Councilman Crockett said if people want to expand or trade up in a business, they should go to the appropriate zone which supports that business. Jim Colombo, representing the applicant, said this business wishes to serve a local oriented clientele. Colombo said the seating would be a convenience for the customer and not a requirement for the use of the businesses. Colombo said in the summer there are picnic tables outside for customers to use. In the winter there is no place for people to eat their food. Colombo said denying this would be a prejudice against locals. Colombo said the part of the P & Z recommendation they agree with is that there should be a conditional use in the zone to be allowed some amount of seating. Mayor Stirling agreed this will keep the food being provided in the deli affordable and will accommodate the customers. Mayor Stirling moved to direct the planning staff to redefine the seating issue in the N/C zone and to bring back a code amendment through P & Z and Council; seconded by Councilman Gassman. Mayor Stirling said he feels this is exactly the kind of neighbor- hood service Council wants to see in the N/C zone. Colombo presented a petition with over 100 signatures of locals working in the N/C zone supporting the idea of limited seating at Jour de Fete. Mayor Stirling said he sees seating as an amenity to locals. Councilman Crockett said he would rather leave things the way they are now. Councilman Gassman and Mayor Stirling in favor; Councilmembers Peters and Crockett opposed. Motion NOT carried. ENCROACHMENT REQUEST - Longrun Ltd. Councilman Peters left the room due to conflict of interest. Councilman Gassman moved to approve the encroachment agreement between the City of Aspen and Longrun Ltd.; seconded by Councilman Crockett. Chuck Roth, engineering department, told Council the applicant has agreed to install an empty 4 inch conduit across Main street in case someone else wants to use this. The applicant has also agreed to install marking tape on top of his facility. Roth suggested including language in the agreement that if someone else uses this conduit they reimburse Longrun Ltd. All in favor, motion carried. 15 Regular Meeting Aspen City Council October 23, 1989 TREE PLANTING_PROGRAM Bill Efting, leisure services director, presented Council with a list of trees that have been planted in the past years. Efting said both the parks associations and the CCLC have participated in this program. Efting said one area lacking in trees is Main street. Efting said a problem is getting the trees watered. Efting recommended if the city has a tree planting program that they provide care for the trees. Efting said he feels trees are part of Aspen's future and address #2 and #5 in the goals. Councilman Gassman said trees are not only nice to look at but also provide oxygen and filter out chemicals from the air. Councilman Gassman said a tree planting program is definitely in the public interest and something the city should commit to. Hal Clark, parks association, said it is getting harder to find places to plant trees that are both public property and have water. Clark said if the city wants to make an upgrade in the tree planting program, they will have to take more responsibility for watering these trees. Councilman Crockett said this issue is starting to grow on him and he sees it blossoming into something the community can support. Councilman Crockett said he would hate to see it get felled by some poor action on Council's part and have to leave the issue on the table. Council suggested this be incorporated into the 1990 budget presentations. Efting said it can either be parks or capital improvement budget. Mayor Stirling moved to direct that this be brought to Council in the 1990 budget hearings; seconded by Councilman Peters. All in favor, motion carried. RE UEST FOR FUNDS - Executive Recruiter for City Manager Council said the interviews for city manager will be October 30 from 2 p.m. until 8 p.m. Councilman Gassman said he and Councilman Peters met with Jim Mercer. Councilman Gassman said he feels hiring an executive recruiter is a great way to go. Councilman Gassman said if Council hires someone after October 30th, they will not need this service. If Council does not hire anyone, there is not another Council meeting for two weeks and they could take no action on hiring a recruiter. Councilman Gassman moved that if Council does not hire a manager on October 31, that they allocate out of Council contingency up to $17,500 and to accept the proposal of MSM Inc.; seconded by Councilman Peters. 16 Regular Meeting Aspen City Council October 23, 1989 Mayor Stirling asked if this would have to be bid. Sandy Stuller, city attorney's office, said the city does not have to bid for professional services. City Manager Bob Anderson said there are few firms in the country that do this. Anderson said MSM is a reputable firm. Councilman Gassman said he feels this firm will do a lot of work for the money. Councilman Peters said if Council has any doubts when they do the interviews, they should have this structure to fall back on. All in favor, motion carried. Council adjourned the meeting at 9:05 p.m. .,..~ yy. r ,~' Kathryn S.~ och, City Clerk 17