Loading...
HomeMy WebLinkAboutminutes.council.19891127Regular Meeting Aspen City Council November 27, 1989 CITIZENS COMMENTS 1 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 4 19 9 0 BUDGET 4 ORDINANCE #64, SERIES OF 1989 - Golf Pro Shop Contract 4 LETTER REGARDING EIS TO THE DEPARTMENT OF HIGHWAYS 4 RESOLUTION #46, SERIES OF 1989 - Aspen Mountain Lodge PUD 4 ORDINANCE #69, SERIES OF 1989 - S ubdivision/PUD Approval Aspen Mountain Lodge 7 AUTHORITY TO HIRE CONSULTANT TO REVIEW RITZ CARLTON 9 ORDINANCE #70, SERIES OF 1989 - Prohibit Sale of Furs 10 REQUEST FOR ENCROACHMENT - 1010 Ute 13 ORDINANCE #71, SERIES OF 1989 - Appropriations 13 ORDINANCE #72, SERIES OF 1989 - Appropriations 13 ORDINANCE #73, SERIES OF 1989 - Planning Office Fees 14 RESOLUTION #44, SERIES OF 1989 - Marolt Conceptual PUD 15 ORDINANCE #74, SERIES OF 1989 - Greystones GMP/Subdivision Approva 1 15 ORDINANCE #75, SERIES OF 1989 - Sportstalker Subdivision 17 REPORT ON CEMETERY LANE DUPLEX; LEASE OF TADDUNE DUPLEX 18 NELSON DEVORE PROJECT 18 19 Regular Meeting Aspen City Council November 27, 1989 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Tuite, Gassman, Peters and Crockett present. CITIZENS COMMENTS 1. Jody Edwards, representing the Nelson Devore partnership, told Council his clients recently purchased the Billings property. It is their goal to redevelop this property with l00 percent replace- ment of FAR and number of bedrooms of affordable housing. There will also be some free market units. Edwards told Council the application for conceptual PUD was filed November 13. The earliest this application can appear before P & Z is January 2, 1990. Edwards requested Council give direction to the planning department to give this project scheduling preference because it is 100 percent affordable housing. (Mayor Stirling stepped down due to conflict of interest.) Councilman Crockett said because of the free market development, he is apprehensive of moving it ahead of other projects. Councilman Gassman put this on the agenda as item (1) . 2. Bob Hughes, representing Hadid Aspen Holdings, reminded Council at the last meeting they requested Council entertain a request to substitute with cash their exiting letter of credit for the Aspen Mountain Lodge PUD. Hughes requested this be placed on the agenda with the other Hadid items. Sandy Stuller, city attorney's office, said the feeling at the last meeting was that it was inconsistent to deal with an amendment to a PUD which has been invalidated by the court. Hughes said this is not an amendment to the PUD and is specifically covered in the PUD agreement. Councilman Crockett said he is not comfortable responding to this request tonight. Mayor Stirling said Council will leave this as it stands and it will not be on the agenda. 3. Peter Mocklin protested unfair behavior of members of the zoning department by misinterpreting the zoning code against him and not granting him a building permit. Mocklin told Council since last June he has continuously and unsuccessfully tried to get a building permit for a remodel of a bathroom and installation of a new roof on a building located in Williams Addition on Lone Pine road. Mocklin told Council he supplied the building department with all required plans and engineering data; however, the building permit was refused by the building department. Mocklin said he was informed his problems relate to the previous history of his building. Mocklin told Council his area was not treated as a residential area and the county rezoned it to AR-2, multi-family zoning. Mocklin said he was asked to donate land for the realignment of Gibson avenue and was also asked to pay one-third of the costs to improve and widen the Red Mountain bridge. Mocklin said he did everything 1 Regular Meetinq Aspen City Council November 27, 1989 requested by the county. Shortly thereafter his property was down zoned again by the county to R-15 single family, which made his apartment building non-conforming. Mocklin told Council he demanded his land from Gibson avenue and money for the bridge back but the Commissioners refused to return either. Mocklin said recently the Council used similar tactics to trick him into signing an annexation petition, and after false promises from the assistant city manager, cheated him out of the proper zoning for his apartment building. Mocklin demanded the right to make improve- ments to his building. Mayor Stirling said the Council continued the existing zoning on this property as it was in the county. Mayor Stirling requested staff to follow up. Councilman Peters said this is a nonconform- ing use. One is allowed 20 percent of appraised value of the building toward remodelling costs. Councilman Peters said he is not interested in rezoning the property. Council requested a report back from staff. COUNCILMEMBER COMMENTS 1. Mayor Stirling moved to add the EIS letter to the department of highways on the agenda as item 1(a) with the intent of tabling it to December 11; seconded by Councilman Gassman. All in favor, motion carried. 2. Mayor Stirling asked what is the total cost of the meter reading contract. Mayor Stirling said he support the concept of subbing this out. 3. Mayor Stirling suggested a follow up to the town meeting held November 16th. Mayor Stirling said he would like Council to list strategies and articulate policies around each of the goals. Council scheduled a work session on this January 15th at 6 p.m. 4. Mayor Stirling announced City Manager Bob Anderson will be leaving the city December 15th. The city has scheduled a going away party December 12 at 5 p.m. at the Hickory House. Mayor Stirling suggested a work session December 4th at 6 p.m. to meet with the agency heads, department heads, city manager and acting deputy manager to discuss who will handle the role of city manager until one is hired. This should also be an agenda item for December 11th. 5. Mayor Stirling said David Myler needs more time on his affordable housing report. This should be scheduled for December 11th. Mayor Stirling said a survey was done by Coates, Reid and Waldron of 250 of their employees. This may be of interest to Myler and to the Council. 2 Regular Meeting Aspen City Council November 27, 1989 6. Mayor Stirling went over Council schedule. There is budget meeting November 28th at noon to go over the open items and the capital improvement plan. There is a hearing on the alleged violations of the PUD of Aspen Mountain Lodge at 5 p.m. There is a Meadows meeting with Gene Keluche at 5 p.m. Wednesday November 29. There is a work session scheduled for December 4 at 5 p.m. on the minimum wage proposal. There is a work session scheduled December 7 at 5 p.m. on the Zoline lease. 7. Mayor Stirling said he has received complaints about the snow removal being pushed up to the edge of the street rather than being picked up in the middle of the street. Bob Gish, city engineer, told Council the snow blower did not work. The snow will be picked up tomorrow. 8. Councilman Peters said subsequent to the NEPA workshop, it appears perhaps the Council should have a liaison to the county to coordinate any efforts to include NEPA mitigation in the highway EIS and perhaps to coordinate the city/county position on the highway. Councilman Peters said he would be interested in being that liaison. Council agreed. 9. Councilman Peters said the city needs someone to coordinate their efforts in the NEPA provisions to help develop an action plan. Councilman Peters suggested Council consider hiring Jim Kent as a consultant, have him put together an action plan and a budget for presentation to Council. Mayor Stirling suggested this be done as a joint consultant. Mayor Stirling moved to have Councilman Peters coordinate this and bring it on the December 11 agenda; seconded by Councilman Crockett. All in favor, motion carried. 10. Sandy Stuller, city attorney's office, requested an executive session at the end of this meeting to discuss personnel, hiring of a city attorney. Councilman Peters moved to have an executive session at the end of the meeting regarding personnel; seconded by Councilman Tuite. All in favor, with the exception of Mayor Stirling. Motion carried. 11. City Manager Bob Anderson told Council the total price for the meter reading contract is $16,625. Cindy Wilson, finance director, said this is budgeted for 1990. There is a small addition for 1989, which is in the appropriation ordinance. 3 Regular Meetinq Aspen City Council November 27, 1989 CONSENT AGENDA Councilman Crockett asked if the fire marshal has given his approval of the Cache Cache liquor license expansion. City Clerk Kathryn Koch said she would have to check with him and report back. Councilman Peters moved to approve the consent agenda pending approval of the fire marshal for the expansion of Cache Cache; seconded by Councilman Tuite. The consent agenda is: A. Request to modify premises - Cache Cache B. Liquor License Renewal - Ute City Banque, Guido's, Golden Horn, Mother Lode, Little Annie's; Steak Pit C. Contract - SK Services Meter Reading All in favor, motion carried. 1990 BUDGET Mayor Stirling opened the public hearing. Mayor Stirling announced that the budget approval is being extended to December 11. Councilman Tuite moved to continue the public hearing to December 11, 1989; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #64, SERIES OF 1989 - Golf Pro Shop Contract Mayor Stirling opened the public hearing. Councilman Peters moved to continue Ordinance #64, Series of 1989, to December 11, 1989; seconded by Councilman Tuite. All in favor, motion carried. LETTER REGARDING EIS TO THE DEPARTMENT OF HIGHWAYS Councilman Gassman moved to place the letter on December 11, 1989, agenda; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #46, SERIES OF 1989 - Aspen Mountain Lodge PUD Mayor Stirling said the previous Council gave approval to the Aspen Mountain Lodge by Resolution #29, Series of 1989. This has been remanded back to Council by a district court judge saying that the resolution form is not adequate and this should be done by ordinance form. Mayor Stirling said there is a draft letter in the packet from the Mayor to the director of planning requesting that the work on the Aspen Mountain Lodge Ritz hotel stop. This letter is for discussion. There is a substitute resolution, which states there will be no new permits issued, no approvals granted by 4 Regular Meeting Aspen Citv Council November 27, 1989 planning of any development plans, and no stop work order will be issued. Mayor Stirling said he would prefer that the resolution be the topic of Council discussion rather than the letter. Sandy Stuller, city attorney's office, said immediately after the court decision came down, the plaintiff who prevailed in the action made a request to stop any construction activity on site. This issue has been carried over by Council to this meeting. Ms. Stuller told Council Hadid Aspen Holdings filed a motion for a stay on the remand. This has been set for hearing December 21 in Glenwood Springs. Ms. Stuller said the city is in the position of having opponents and proponents requesting that a stop work order issue or not on this project. Ms. Stuller said this resolution is a reasonable solution. The resolution states a work order would be authorized under existing legislation and the court order; however, to reduce conflict and to reduce exposure, the Council is directing the building inspector not to issue any more permits and not to interfere with construction that has already been authorized and to continue inspections based on safety considerations. The second element of the resolution is a directive to the planning office not to review or process any additional development approvals under the Hadid approval that was granted last year. The third element requests that the Hadid representative waive and acknowledge that they are proceeding at their own risk so that damages against the city will not be premised on the activity that is being authorized by this resolution. Ms. Stuller told Council the resolution also states it is the city's intention to take the PUD approval through the ordinance process. John Sarpa, representing Hadid Aspen Holdings, told Council they feel with the judge having set a hearing for December 21, it is appropriate that there be no action. Sarpa said the applicants do not find a need for a compromise and that the status quo is appropriate. Sarpa said they do not agree with the resolution. Bob Hughes said the judge has said there is a problem with the manner in which Resolution 29 was adopted; it should have been done by ordinance. The judge remanded the matter back to Council for appropriate action. Hughes said they feel appropriate action is for Council to correct the mistake and adopt an ordinance. Hughes said if Council considers an ordinance, they are fully in com- pliance with the judge's order. Mayor Stirling said in light of the recent decision and Council not taking a more assertive action about the work order may have the people out on a limb. Mayor Stirling said there is a risk and a gain by not issuing a stop work order. Mayor Stirling said he feels the gain is greater than the risk in not issuing it . Ms . Stuller said the judge invalidated the approval; it is null and 5 Reaular Meeting Aspen Citv Council Novem_b__er 27, 1989 void, and there is no authorization to proceed with construction on the site. Ms. Stuller said the applicants may have asked for a stay but the judge has not intervened at this point . Ms . Stuller said if the applicants want to proceed at their own risk, that is their business. To ask the city to issue additional authorization for more construction is totally inconsistent with what the court has ordered. Mayor Stirling asked what permits are pending. Sarpa said there are permits that are part of the overall project which are right now being reviewed by staff. Perry Harvey pointed out one of the issues in the non-compliance in Council's resolution is the processing of phase two application. Council is now instructing the planning office to neither accept, process or approve any development plans which makes the issue of non-compliance fact. Ms. Stuller said the citation for non-compliance refers to a different point at which things were not done. Ms. Stuller said these are deadlines that have lapsed, not future deadlines. Councilman Peters said the applicants have completed only a small portion of the current permits. Councilman Peters said for the applicants to say they need more permits is crazy. Councilman Peters said to issue new permits for construction without an approved land use plan is not something he is prepared to do. Councilman Peters moved to adopt Resolution #46, Series of 1989; seconded by Councilman Crockett. Hughes said the application has been pending for some time and may antedate the judge's ruling. Hughes said the applicant has dealt with the Council in a 9 month review. Council told the applicants to get back into the process, which they did. Hughes said the city's process was flawed; the applicants are paying for it and are exposed to other problems. Hughes said there should not be any question about their ability to continue working on the project. The Council should ratify what the previous Council did. Hughes said the applicants are trying to salvage as much work time as they can. Hughes said the project has been subject to some things over which the applicant had no control. Hughes said his position is they should keep moving the project forward when there is no jeopardy to the people of Aspen. Councilman Gassman asked if the applicants would keep working whether Council passes this resolution or not. Sarpa said it would probably block their work in the near future. Councilman Gassman pointed out it is only 3 weeks until the hearing. Hughes said it is not just stopping the work but stopping the permits, review of plans and the continuum. This can have exponential effects later on. Councilman Tuite asked if the city needs a formal waiver from the applicants or can they acknowledge they are proceeding at their own risk. Ms. Stuller said if the applicants want to give the city 6 Regular Meeting Aspen City Council November 27, 1989 a blanket waiver against all claims and all defenses that would be fine. Ms. Stuller said when she has requested these type of affirmations, she has not received them. Amy Margerum, planning director, told Council the Blue Spruce permit has been sitting in the planning office waiting for further information from the applicant. Anna Goodrich said during the last issuance of the super structure permit, the signatures placed on the Blue Spruce foundation permit were questioned by staff who requested further review. Councilman Crockett said the judge has declared the existing approvals null and void. Councilman Crockett said the appropriate action is to hold off until Council corrects a previous mistake. Councilman Crockett said he does not want to exacerbate this by continuing to issue permits when the city does not know what the outcome of the correction process remanded to Council will be. Councilman Crockett said this is a prudent position that protects both sides. Councilman Gassman asked what the risk to the city is of continuing to review plans . Ms . Stuller said there is a potential for a court citation since the court has invalidated the procedure. Ms. Stuller said the city's regulations state no permit shall issue unless there is a fully approved development plan of record; there is not. Ms. Stuller said another problem is if in the future through initiative, referendum, or Council action there is a reversal or amendment to the approval, damage claims or estoppel arguments against the city will be made. Hughes said the city and the applicant are co-defendants in a lawsuit. All the judge has ordered Council to do is to take appropriate action, which is getting the correction process underway. Hughes said the applicants have made it clear that continued work is not going to enhance a vested rights argument, not expose the city to greater damages, not play into a mootness argument. Hughes pointed out the judge did not tell Council what appropriate action is but gave it back to Council for appropriate action. All in favor, with the exception of Councilman Tuite. Motion carried. ORDINANCE #69, SERIES OF 1989 - Subdivision/PUD Approval Aspen Mountain Lodge Councilman Peters moved to read Ordinance #69, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. 7 Regular Meeting Aspen City Council November 27, 1989 ORDINANCE #69 (Series of 1989) AN ORDINANCE GRANTING SUBDIVISION AND PLANNED UNIT DEVELOPMENT APPROVAL AND CONFIRMING GROWTH MANAGEMENT QUOTA ALLOTMENTS FOR THE AMENDED APPLICATION FOR THE ASPEN MOUNTAIN SUBDIVISION PLANNED UNIT DEVELOPMENT was read by the city clerk Councilman Tuite moved to adopt Ordinance #69, Series of 1989, on first reading; seconded by Councilman Peters. Mayor Stirling said this is to begin the process to reintroduce Resolution #29, 1988, in ordinance form. Sandy Stuller, city attorney's office, told Council Ordinance #69 incorporates verbatim the contents of Resolution #29, 1988. The ordinance calls for action in the areas of development approval that was considered last year, confirmation of the GMP, adoption of the revised agreement and plat and a quota system exemption for 4 units at the Grand Aspen hotel. The P & Z resolution is attached because there are several conditions approved by Council last year. Bob Hughes, representing the applicant, said the ordinance reads that those approvals incorporated into the amended PUD agreement, taken from P & Z approval, are in the ordinance. Hughes suggested some new recitals be incorporated into the ordinance to take the current context further to include two new whereases alluding the execution and recordation of the first amended agreement and plat. Mayor Stirling asked if there was an affirmation by the Hadid group that the 1985 approval would be discarded. Ms. Stuller said her reading of the history of this application was that in May 1988 Hadid representatives basically stated that if amendments were processed, which had certain scale and density requirements, and were approved, that the 1985 design would be vacated for the new approval. Hughes said if the applicants get the ordinance they are seeking, there will be no Roberts design. Hughes said the ap- plicants indication that they would not build the Roberts design was predicated on completing the amendment process, which they thought they had done. Mayor Stirling said this seems to be an opportunity for the citizens to hear proposals and to respond to proposals from Hadid to discuss new ideas that could be related to the mass and density of the hotel to the need for additional affordable housing units. Mayor Stirling said he is excited about the prospect that Council will be in conversations with the Hadid organization. There are a lot of areas where there is potential to make adjustments for the long term best interests of the town and of the applicant. Mayor 8 Regular Meeting Aspen City Council November 27~ 1989 Stirling said he would like the Council to be willing to par- ticipate in give and take and to be responsive to proposals that might come forward. Councilman Peters said that is the idea of the ordinance process. Councilman Gassman said this has been one of the most controversial projects the city has been involved in and there are strong opinions for and against the hotel. Councilman Gassman agreed this is an opportunity to do something that can be generally supported by the entire community. Hughes encouraged Council to be apprecia- tive of the fact this issue has gone to a vote once, and was the subject of an exit poll at the May election. Hughes told Council the applicants have spent $10,000,000 on the project in the last year. Roll call vote; Councilmembers Crockett, yes; Tuite, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. AUTHORITY TO HIRE CONSULTANT TO REVIEW RITZ CARLTON Amy Margerum, planning director, told Council staff is planning to review the entire Aspen Mountain Lodge PUD before the public hearing December 18. Ms. Margerum said it is important to be able to give an understanding of the impact of the project, how it relates to the code provisions at the time of the original applica- tion and the current code provisions. Ms. Margerum requested authority to hire Glenn Horn to assist staff in going through the review . John Sarpa, representing the applicant, said the applicants do not want to pay for this and do not think it is necessary. Sarpa has the HPC does not have jurisdiction or authority, and it bothers the applicants there is an expansion to the process again. Sarpa said the applicants have worked in the city for over two years and have tried to show they are willing to work with the city and to compromise. Sarpa said at this point, the applicants have 2-1/2 years of history, extensive reliance, and solid legal rights. Sarpa said bringing in more consultants and more agencies sounds like the project is going back to ground zero. Sarpa said from the applicant's point of view, this is totally out of the question and they object. Councilman Peters said he voted in favor of Ordinance #69 based on being able to examine the conditions of the PUD in order to make an intelligent decision on it. Councilman Peters said the consul- tants are essential to do a thorough job. Mayor Stirling said Council should get assistance; there are new members who did not go through the process. Mayor Stirling questioned asking the ap- plicants paying for this. Mayor Stirling said he would be willing to have the city pay for it, if Council feels this is essential. 9 Regular Meeting Aspen City Council November 27, 1989 Hughes said if this is a mechanism to take this project back to the beginning, the applicants are opposed. If it is a tracking mechanism, that is different. Perry Harvey said one of the consultants is a structural engineer to "review the structural plans and current infra-structure associated with the Ritz Carlton hotel proposal to assist staff and Council in reviewing any amendments or recommended changes to the building which may be proposed". Harvey said if the goal is to determine what can fit on the foundation, the Council is spending money for something that should be self-evident. Councilman Peters said another question that arises is configuration, which is where the structural engineer will do some analysis. Mayor Stirling moved to retain a planner at a rate not to exceed $4,000 and an engineer at a rate not to exceed $2500 as related to the public hearing as related to the public hearing on Resolution #29, Series of 1988, with the money being allocated from the 1989 Council contingency; seconded by Councilman Crockett. Councilman Gassman said he does not see this as going back to the beginning but as responding to a request from staff to get all the information they can. Councilman Tuite said he supports the request for a planner but not for an engineer. Councilman Gassman agreed. Councilman Crockett said he would like to gather informa- tion and to err on the safe side. Councilman Tuite said hiring an engineer seems to signal that the city is going back and redesign- ing the project. Councilman Crockett said he views this as validating existing information. Amy Margerum, planning director, told Council the question has come up many times in terms of the scale and bulk whether or not the existing foundation would allow for a change in the design. Ms. Margerum pointed out there have been changes in the open space requirements in the code. Ms. Margerum told Council staff wanted to have the full information if there is any consideration in looking at the ramification of altering the design. Councilmembers Peters and Crockett in favor; Councilmembers Tuite, Gassman and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to engage a planner not to exceed $4,000 in preparation for the 18th out of the contingency fund; seconded by Councilman Crockett. All in favor, motion carried. ORDINANCE #70, SERIES OF 1989 - Prohibit Sale of Furs Mayor Stirling said in 1986 Council passed an ordinance prohibiting leghold traps being used inside the city. Also in 1986 Council had a ballot issue which prohibited the sale of fur garments that had been trapped with leghold traps. Mayor Stirling said this latter 10 Regular Meeting Aspen City Council November 27, 1989 seemed to be a symbolic gesture because it is difficult to make the distinction between a skin that is ranched and one that comes from a leghold trap. Mayor Stirling proposed this be scheduled on the special election February 13, 1990. Mayor Stirling said he has received 158 letters; 142 in favor of the prohibition and 16 against. Mayor Stirling also had a petition with 523 signatures supporting the prohibition. Mayor Stirling said he didn't want to engage the city attorney in spending a lot of time drafting an ordinance. David Favre, an attorney experienced in environmental law and wildlife law, drafted the proposed ordinance. Sandy Stuller, city attorney's office, said the proposed ordinance contains a provision stating this will not be effective until ratified by the electorate. Ms. Stuller pointed out Section 5.7 of the Charter grants Council the authority to submit to the electorate any proposed ordinance. Ms. Stuller it may be more expeditious to send this question to the electorate by resolution and not to spend the time going through the ordinance process. The ordinance would be attached as a reference to the resolution. Councilman Peters said he would like to put it on the ballot in the simplest way possible. Councilman Crockett said he feels the electors should take the initiative rather than the Council. Councilman Peters moved to adopt Resolution #47, Series of 1989; seconded by Mayor Stirling. David Favre said he was asked to draft an ordinance to address the ban of fur coats in the city of Aspen. Favre told Council he drafted an ordinance that would withstand court scrutiny to its lawfulness. Favre said the ordinance addresses only that which is within the lawful police power of the municipality to control and direct. Favre said the concern of municipalities to the cruelty of animals is a long established right of a government entity to address. Favre said the ordinance focuses on removing Aspen from the market which produces cruelty to Aspen, the sale of fur coats. The ordinance is not directed towards the wearing of fur coats. Favre said the areas of law applied to this are preemption and interstate commerce. Favre pointed out there is no federal law that deals with the topic of the sale of fur coats; therefore, there is no federal law to preempt. Favre said he can see nothing in Colorado law that addresses this either. Favre told Council the constitution provides there shall not be interference with inter- state commerce, the primary purpose is to not allow localities to adopt laws that would give them economic protection or differen- tiate the markets. Favre said this proposal does not fall within that because it prohibits the sale of fur wherever it comes from. Mark Kirkland said this is an example of how Council has strayed from issues pertinent to the city. Tom Iacono said he does not see 11 Regular Meeting Aspen Citv Council ______November 27, 1989 how Council can think about legislating morality. Council gives liquor licenses to anyone, which is a bigger problem than fur coats. Charif Souki asked who will pay for this if the city gets sued. Suzanne Becker asked if any other municipality has an ordinance like this. Favre answered not that he knows of. Richard Cummins said the ordinance seems to legislate against coats, capes, hats, shoes, boots and clothing made in whole or in part. A fur collar on a coat would be part of this legislation. Cummins said this ought to be an initiative by people interested rather than sponsored by Council. Holly Crawford told Council she is offended that the city would dictate to her what she can buy or sell. Ms. Crawford said she is also offended that Council would concern themselves with issues that do not relate to this valley. Lowell Nelson agreed citizens should do a petition to get this on the ballot. Jay Ordan said Council ought to have something better to do than tell people what they can sell. Laurie Stevens spoke in favor of this proposal. Barbara Harris said she does not want to see stores told they cannot sell things. Chris Bigley asked where one draws the line of cruelty to animals. The issue of fur should be a personal one. Peter Lane said furs are not needed in society and favored this proposal. Susie Chaffee opposed this proposal. Janet Monty said the tourists are Aspen's single most important resource. This proposal will insult those tourists. Brunhilde Schloffer said she resents the fact that Council will take away her right to buy a fur in this town. Jeanne Gerwick said the animal is the issue here, not a person's choice. Richard Roth said this is an issue of democracy; the issue will be put on the ballot and people can vote on it. Richard Compton said he is uncomfortable with bans but is more uncomfortable with unnecessary violence and abuse of animals. Katie Ingham favors the proposal. June Kirkwood said the issue is compassion versus cruelty and profit of killing animals. Councilman Peters said he is going to support putting this issue on the ballot in order to see what the voters think about it. Councilman Peters said he feels Council has the authority to sponsor referendum. Councilman Gassman said it does not make much sense to legislate out an entire industry because some people treat their animals badly. Councilman Gassman said if people are going to progress and improve themselves as human beings, they should be more tolerant of each other. Councilman Gassman said he will not support putting this on the ballot. There is an initiative provision to get this on the ballot. Councilman Tuite said government should not legislate morality. Councilman Tuite said to try and resolve some stance on this issue, 12 Regular Meetinq Aspen City Council November 27, 1989 he will support putting it on the ballot. Councilman Crockett reiterated people who feel strongly about these issues should marshall their forces and get these issues on the ballot. Mayor Stirling said laws are made by society. Mayor Stirling said individuals have come to Council with proposals and Council has put these on the ballot. Mayor Stirling said Aspen can be a community who says they care and that cruelty is an issue that is of concern . All in favor, with the exception of Councilmembers Crockett and Gassman. Motion carried. REQUEST FOR ENCROACHMENT - 1010 Ute Leslie Lamont, planning office, recommended tabling this issue until conditions 2 and 4 can be worked out. Councilman Tuite moved to ta~ole this until December 11, 1989; seconded by Councilman Crockett. Councilman Peters said he would like an estimate of the cost of the Gordon bridge before the next meeting. All in favor, motion carried. ORDINANCE #71, SERIES OF 1989 - Appropriations Councilman Gassman moved to read Ordinance #71, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. ORDINANCE #71 (Series of 1989) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $55,500; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDI- TURES OF $3,500; APPROPRIATING WATER FUND EXPENSES OF $4,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $2,000; APPROPRIATING GOLF COURSE FUND EXPENSES OF $1,000; APPROPRIATING ICE GARDEN FUND EXPENSES OF $1,500 was read by the city clerk Councilman Crockett moved to adopt ordinance ##71, Series of 1989; seconded by Councilman Gassman. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Crockett, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #72, SERIES OF 1989 - Appropriations Councilman Crockett moved to read Ordinance #72, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. 13 Regular Meeting Aspen City Council November 27, 1989 ORDINANCE #72 (Series of 1989) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $65, 510; APPROPRIATING GENERAL FUND EXPENDITURES OF $133,932; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $21,600; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $400; RECOGNIZING ASSET REPLACE- MENT FUND REVENUES OF $90,500; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $148.000; TRANSFERRING $66,000 FROM THE 1985 SALES TAX REVENUE REFUNDING DEBT SERVICE FUND TO THE LAND FUND; TRANSFERRING $9,000 FROM THE GALENA STREET IMPROVEMENT DISTRICT FUND TO THE GENERAL FUND; TRANSFERRING $264,000 FROM THE PARKING IMPROVEMENT FUND TO THE 1989 CERTIFICATES OF PARTICIPA- TION FUND; RECOGNIZING 1988 UNDERGROUNDING DISTRICT CAPITAL PROJECT FUND REVENUES OF $2,000; TRANSFERRING $41,000 FROM THE 1988 UNDERGROUNDING DISTRICT CAPITAL PROJECT FUND TO THE ELECTRIC FUND; TRANSFERRING $10,000 FROM THE WATER FUND TO THE ELECTRIC FUNDS; APPROPRIATING ELECTRIC FUND EXPENSES OF $231,950; RECOGNIZING RUEDI FUND REVENUES OF $48,000; APPROPRIATING RUEDI FUND EXPENSES OF $40,000 was read by the city clerk Councilman Gassman moved to adopt Ordinance #72, Series of 1989, on first reading; seconded by Councilman Peters. Dallas Everhart, finance department, told Council he will make the addition in the planning office budget by the second reading. Roll call vote; Councilmembers Crockett, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #73, SERIES OF 1989 - Planning Office Fees Councilman Gassman moved to read Ordinance #73, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #73 (Series of 1989) AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY THE ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE NO. 52 (SERIES OF 1988), TO THE EXTENT SAID ORDINANCE IS INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN was read by the city clerk Councilman Crockett moved to adopt Ordinance #73, Series of 1989, on first reading; seconded by Councilman Peters. Roll call vote; 14 Regular Meeting Aspen City Council November 27, 1989 Councilmembers Tuite, yes; Peters, yes; Crockett, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #44, SERIES OF 1989 - Marolt Conceptual PUD Tom Baker, planning office, told Council the applicant was directed to look at other accesses to this property. Councilman Peters said he feels the lower access will be almost invisible as it is the flattest. Richard Roth said one of the conditions should be that a minimum of 25 percent of the project should be for permanent year round residents. Roth said the city will need the support of the entire community to pass the bonds. This would help Council achieve several of their goals. Roth said he does not want to see this project become a segregated part of the community. Councilman Peters said Council is working on an agreement with the M.A.A. and he feels there should be one unit per building is a year round unit. This would be 12.5 percent. Mayor Stirling said one challenge of the city's is to house people who come in on an interim basis. Mayor Stirling said the city made a major conces- sion on Truscott place. One key issue is the housing of music students. Councilman Peters suggested preference be given to people who have some residency in the community, people who have lost housing or people who spend their winters in Aspen. All in favor, motion carried. ORDINANCE #74, SERIES OF 1989 - Greystones GMP/Subdivision Approval Leslie Lamont, planning office, told Council there is an existing duplex on site which was built according to the prior code. The applicant wanted two more dwelling units and went through GMP to get two more units. Ms. Lamont said one issue is the 6 foot high stone wall in front of the existing units. Ms. Lamont told Council the previous code did not require open space to be viewed from the street. Ms. Lamont told Council the applicant was told if he was to come back for any other units, he would have a non-conformity as to his open space. Ms. Lamont said the resolution is that the applicant reduce the fence to 4 feet high. Councilman Peters asked where this will be measured from. Council requested staff get clarification and put it in the ordinance before the public hearing. Buzz Dopkin, applicant, said the city should look at the rights of people living on a major highway to be protected from pollution, dirt and noise. Councilman Peters said Dopkin undertook to develop his property as a duplex in anticipation of eventually developing a fourplex. The applicant developed the duplex and built the wall. The code changed before he came back for the other duplex. 15 Regular Meeting Aspen City Council November 27, 1989 Councilman Peters said the applicant took a risk in building part of this first. Councilman Peters moved to amend condition #1 to change it to read 4 feet; seconded by Councilman Crockett. All in favor, with the exception of Councilmembers Gassman and Tuite. Motion carried. Ms. Lamont told Council in the original the applicant proposed a cash-in-lieu payment of $150,000, which equalled housing for 5 employees at the low income guidelines. Ms. Lamont said staff proposed a one-bedroom unit on site with lowered cash-in-lieu. P & Z recommended to Council a studio unit on site with a $97,000 cash-in-lieu. Ms. Lamont told Council the applicant was scored on providing housing for 5 low income employees. One studio unit on site represents $37,500 and houses 1.25 employees. The rest would be made up in cash-in-lieu. Ms. Lamont told Council there has been a suggestion the applicant buy an existing unit to house some employees. Council has the authority to work with an applicant on situations like this. Councilman Peters said the city is interested in scattered site housing, and one way to do this is to get the developers to do scattered site housing rather than give the city cash and put the burden on the city. Dopkin said this seems to be a changing process. The GMP states the applicant may give cash-in-lieu, housing on-site or housing off-site. Dopkin said there is no preference given to any of the ways that housing is to be provided . Dopkin said he chose to give the cash-in-lieu. Dopkin said he passed the GMP threshold, and then the rules got changed. Dopkin said he did everything in good faith and he would like the city to also act in good faith or to change the law. Dopkin said it was unjust of P & Z to change his application. Councilman Peters said the code states P & Z can accept whatever type of housing it likes at its discretion. The Council is also within bounds to require what they feel is the most appropriate type of housing. Councilman Crockett said his goal is immediate replacement of employee housing. Councilman Peters moved to amend condition #2 that prior to the issuance of a building permit, the applicant shall provide the balance of the required affordable housing unit deed restricted to low income guidelines through either creating new units or paying down existing units; seconded by Councilman Crockett. Councilman Peters said the city will have to be involved in this in order that the unit be reasonably and mutually agreeable. Councilman Peters said this could also compete with locals who are trying to buy units to live in. Councilman Tuite said the city may be competing with developers trying to do the same thing and increasing the price. Councilman Gassman said what is acceptable 16 Reqular Meeting Aspen City Council November 27, 1989 for housing may be too much up in the air. Councilman Gassman said the Council should not be deciding every issue of housing at Council meeting. Mayor Stirling said Council has a lot of discre- tion in the code. Mayor Stirling said he is also concerned about applicants who have uncertainty in their applications. Dopkin said it is not fair for the city to perpetrate new guidelines on something that has already happened. Amy Margerum, planning director, said what Council has proposed is within the given guidelines. Ms. Margerum told Council she will work on language for this discretion by the second reading. Councilman Peters in favor. Everyone else opposed. Motion NOT carried. Councilman Gassman moved to adopt Ordinance #74, Series of 1989, on first reading as amended; seconded by Councilman Tuite. Councilman Crockett said he does not want cash-in-lieu. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, no; Crockett, no; Mayor Stirling, yes. Motion carried. Councilman Peters moved to suspend the rules and meet until 9:45 p.m.; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Gassman and Crockett. ORDINANCE #75, SERIES OF 1989 - Sportstalker Subdivision Mayor Stirling moved to read Ordinance #75, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #75 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING FINAL SUBDIVISION APPROVAL, GMQS EXEMPTION FOR FOUR DEED RESTRICTED HOUSING UNITS, AND GRANTING ONE RESIDENTIAL GMQS ALLOTMENT TO THE SPORTSTALKER APARTMENTS THROUGH THE 1988 RESIDENTIAL GROWTH MANAGEMENT COMPETITION was read by the city clerk Councilman Peters moved to adopt Ordinance #75, Series of 1989, on first reading; seconded by Councilman Crockett. Leslie Lamont, planning office, said the ordinance should be amended to say "persons employed by the Sportstalker or Aspen Sports" Roll call vote; Councilmembers Peters, yes; Tuite, yes; Gassman, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. 17 Regular Meeting Aspen City Council November 27, 1989 REPORT ON CEMETERY LANE DUPLEX: LEASE OF TADDUNE DUPLEX Bill Efting, acting city manager, told Council the parks superin- tendent needs a place to live. The lease is for two months with a month to month after that. Councilman Gassman moved to approve the short term lease to Bill Ness; seconded by Councilman Peters. All in favor, motion carried. Councilman Peters said his intention is to get maximum use out of this duplex and the number of people it will hold after this short term lease. All in favor, motion carried. NELSON DEVORE PROJECT (Mayor Stirling stepped down due to potential conflict of inter- est.) Karenjo Devore requested that this project be scheduled for the soonest possible P & Z agenda. Councilman Peters moved to put the Billings project/Nelson Devore partnership project to the nearest P & Z hearing; seconded by Councilman Tuite. Amy Margerum, planning director, told Council they get requests from every applicant to put their project early . Ms . Margerum said staff will have to move another project to accommodate this request. Ms. Margerum said Council should have a policy regarding the 100 percent affordable housing projects and scheduling at P & Z. Councilman Peters said he would like to also include 100 percent replacement projects as part of the policy statement. Councilman Gassman said he does not want to plan every P & Z agenda or do this on a case by case basis. Councilmembers Peters and Tuite in favor; Councilmembers Gassman and Crockett opposed. Motion NOT carried. Council went into executive session at 9:30 p.m. Council adjourned at 9:45 p.m. !, ,O Kathryn Koch, City Clerk 18