Loading...
HomeMy WebLinkAboutminutes.council.19900312Regular Meeting Aspen City Council March 12, 1990 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CITIZEN COMMENTS 2 CONSENT CALENDAR 3 ORDINANCE #8, SERIES OF 1990 - Employee Housing Water Tap Fee AWARD PRESENTATION - City's Participation in 1990 Telemark 4 ORDINANCE #9, SERIES OF 1990 - Corkscrew Employee Housing Trade 4 ORDINANCE #13, SERIES OF 1990 - Repeal of GRETT; Increase RETT 4 REQUEST FOR FEE WAIVER - Aspen Youth Center 4 ORDINANCE #14, SERIES OF 1990 - Oblock Subdivision 5 REQUEST FOR SUPPLEMENTARY BUDGET - Wheeler Opera House 7 REQUEST FOR FUNDS - Dance Aspen 9 REQUESTS FOR FUNDS - Aspen Art Museum 9 REQUEST TO USE PUBLIC RIGHTS-OF-WAY - Driscol Gallery 12 ORDINANCE #15, SERIES OF 1990 - Library Rezoning 13 COORDINATING DEVELOPMENT OF EAST & WEST HOPKINS WITH HOUSING AUTHORITY 14 CANYON CABLE BIANNUAL REPORT 14 MAROLT BARN HEALTH ASSESSMENT REQUEST 15 ORDINANCE #16, SERIES OF 1990 - VanDeusen Subdivision Exemp- tion 15 ORDINANCE #17, SERIES OF 1990 - Historic Designation 16 ORDINANCE #18, SERIES OF 1990 - Additional Alternate for CAB 16 ORDINANCE #19, SERIES OF 1990 - Increase Water Tap Fees 16 19 Regular Meeting Aspen City Council March 12~ 1990 CONTRACT AWARD - Street Overlay Project 17 REQUEST FOR ENCROACHMENT - Elk's Building 17 ORDINANCE #20, SERIES OF 1990 - Code Amendment Section 19 17 20 Regular Meeting Aspen City Council March 12, 1990 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Tuite, Peters, Gassman and Crockett present. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman Crockett brought up the perception of Council. It is undeniable there is a segment of the community that has a negative perception of Council. Councilman Crockett said he does not know what the appropriate response is. Councilman Crockett said one suggestion he heard was to assign or to hire a public information officer. Councilman Crockett said with the Council doing as much as they are, it is critical to keep the public informed. Mayor Stirling suggested adding this to the goals study session scheduled for March 19th. Councilman Crockett said there is training for elected officials and asked that staff look into this before the goals meeting and also look into direct mailings to the citizens. 2. Councilman Peters reported that the Marolt Ranch bond financing is moving along. Councilman Peters said in order to market and sell the bonds, bond counsel will have to be able to describe all contracts and agreements attendant on the Marolt property. Councilman Peters pointed out the last one is the lease or contract between the city and the M.A.A. Councilman Peters suggested a study session to work out this agreement with the M.A.A. Council scheduled this for March 19 at 5:00 p.m. with the M.A.A. and rescheduled the financial guidelines work session to April 2nd at 5:00 p.m. Council requested Fred Gannett, city attorney's office, summarize the issue for the Marolt/M.A.A. lease. 3 . Councilman Peters requested item 8 (h) on working on affordable housing with the housing authority be tabled to March 26th. 4. Councilman Peters said there are several requests for funds on the agenda stemming from the AT&T rebate. Councilman Peters told Council he had a request from human services reminding him that human services were cut substantially during the budget process. Councilman Peters distributed a list of cuts and the departments who are experiencing large case load increases. Councilman Peters said if Council is going to discuss any funding requests, this should be done in a comprehensive manner and not piecemeal. Mayor Stirling said the money from AT&T is $134, 000 and the finance director is counselling caution because of the uncertainly of sales tax revenues. 1 Reqular_Meetinci Aspen Citv Council March 12, 1990 5. Councilman Gassman said there is a chance this is the last Council meeting of this group. Councilman Gassman said he has enjoyed the group and it has been a great adventure. Councilman Gassman said this Council has made a difference. 6. Mayor Stirling requested the staff coordinate the work on Independence pass in advance of the road opening. Mayor Stirling said the city has committed people and equipment for this project. Mayor Stirling requested a report on the March 26th agenda. 7. Sandy Stuller, city attorney's office, reminded Council in December they discussed the escrow arrangements with representa- tives of Aspen Mountain Lodge. Council authorized lowering the escrow for improvements that have been made. Ms. Stuller told Council she and the applicants have developed a new funding regarding the $800,000 and the amount that should be escrowed. Ms. Stuller requested authorized to execute the agreement. Councilman Peters moved to add the agreement regarding financial assurances on the Aspen Mountain Lodge to the consent calendar; seconded by Councilman Gassman. All in favor, motion carried. 8. Sandy Stuller, city attorney's office, told Council there have been several challenges regarding the state campaign reform act and the city's Ordinance #57, 1989. There have also been challenges to Ms. Stuller's ability to handle these. Ms. Stuller told Council it might be appropriate to appoint special counsel to investigate the complaints. Ms. Stuller said if there are constitutional chal- lenges to the ordinance, her office should do that because they have extensive experience in drafting the ordinance. Mayor Stirling moved to direct the city attorney to follow up on these complaints and to make a recommendation on how to proceed, the costs and how to allocate this by March 26; seconded by Councilman Peters. All in favor, motion carried. Bill Efting, acting city manager, told Council he is going to incorporate a monthly department head meeting to improve staff communications. CITIZEN COMMENTS 1. Mark Friedberg said he feels that nobody could do a better job than Council in their position. Friedberg said he does not feel that at any time has Council not involved him in all issues that he has raised. Friedberg wished Council luck in the recall election. 2. Glenn Horn requested that (g) Request for Fee Waiver - Aspen Youth Center be moved up on the agenda. 2 Regular Meeting Aspen City Council March 12, 1990 Mayor Stirling moved to move (g) to the first action item; seconded by Councilman Peters. All in favor, motion carried. CONSENT CALENDAR Councilman Gassman moved to approve the consent calendar as amended; seconded by Councilman Tuite. Councilman Peters said he is not interested in looking at the small dollar asset items that the city is selling. Councilman Gassman and Mayor Stirling agreed to deleting the requirement of coming back to Council for permission to sell the assets. The consent calendar is: A. Minutes - January 9, 17; B. Sale of Assets (Bob Gish) C. Liquor License Renewals - D. Aspen Mountain Lodge PUD Assurances All in favor, motion carried. February 12, 26, 1990 Red Onion Amendment regarding Financial ORDINANCE #8, SERIES OF 1990 - Employee Housing Water Tap Fee Deferral John Musick, city's water counsel, reminded Council at the last meeting Council suggested language saying "100 percent employee housing" be inserted. David Myler, city attorney's office, asked if Council wants to extend the definition to that part of a project that is 100 percent employee housing even though it is a 50/50 or 60/40 project. Councilman Peters said he would not support this as it might mean waiving tap fees for units requiring GMP approval. Councilman Peters said Council has not seen what the AH zone can bring, and it may not be necessary to offer this. Councilman Peters said waiving tap fees is an incentive Council can offer some employee housing project. Councilmembers Gassman and Crockett agreed. Councilman Gassman said the theory behind a mixed project is that the free market units subsidizes the employee units and it should subsidize the tap fees. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. ?Councilman Gassman moved to adopt Ordinance #8, Series of 1990, on second reading as amended; seconded by Councilman Tuite. Roll call vote; Councilmembers Peters, yes; Gassman, yes; Tuite, yes; `Crockett, yes; Mayor Stirling, yes. Motion carried. 3 Rectular Meeting Aspen City Council March 12, 1990 AWARD PRESENTATION - City's Participation in 1990 Telemark Mayor Stirling said this plaque was presented to Council for their foresight in supporting this event. Ned Ryerson said this is in appreciation from the 1990 Telemark Skiing Championships for the city's support. Ryerson said there were 140 competitors from 14 different countries. ORDINANCE #9, SERIES OF 1990 - Corkscrew Employee Housing Trade Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #9, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Peters, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #13, SERIES OF 1990 - Repeal of GRETT; Increase RETT Sandy Stuller, city attorney's office, said this is implementation of voter approval to repeal the GRETT and to increase the RETT and to earmark it for affordable housing. The tax will take effect April 1, 1990 through December 1994. The stated exemptions are deed restricted housing units and the first $100,000 of all transfers. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #13, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Peters, yes; Crockett, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. REQUEST FOR FEE WAIVER - Aspen Youth Center Cory Dunn, board of directors of the Youth Center, told Council they went to P & Z for final approval of the Youth Center. When they first submitted the plans along with the $2, 000 they requested this fee be waived. Dunn said they are also requesting the final plan fee be waived. Dunn said this would make a better youth center if they had this money. Dunn told Council the two fees total about $4555. Councilman Gassman moved to waive the land use application fees for the Youth Center on the grounds that Council previously said they would do this; seconded by Councilman Peters. 4 Regular Meeting Aspen City Council March 12, 1990 Cindy Wilson, financing director, told Council this will have to come out of the contingency fund if Council wants to reimburse the planning office. Otherwise, the planning office revenues will be lowered by that amount. All in favor, motion carried. ORDINANCE #14, SERIES OF 1990 - Oblock Subdivision Councilman Gassman moved to read Ordinance #14, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #14 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUB- DIVISION FOR LOTS D-I AND N-S, BLOCK 112 was read by the city clerk Amy Margerum, planning director, said this proposal is for 10 free market units and 4 accessory dwelling units. The current code does not allow the construction of accessory dwelling units in a multi- family structure and staff proposes a code amendment for that option. Leslie Lamont, planning office, told Council this code amendment will probably be before Council at the end of April. Ms. Lamont said the vested rights should be included in this ordinance . Sunny Vann, representing the applicant, told Council this consists of 9 Lipkin transferable development rights, 4 accessory dwelling units, and 1 replacement unit. There will be 5 units on each side of the public alley. Vann told Council they propose to construct the, accessory dwelling units about 40 percent larger than the minimum requirement or 450 square feet. Each has exterior access. This is a straight subdivision application. Vann told Council they are requesting an encroachment license to use part of the alley to provide access from two sides of the garage. Vann said they plan on providing one parking space for each accessory dwelling unit. One bedroom accessory dwelling units are not required to have parking; however, given the location of the project it will be beneficial to provide parking for the accessory dwelling units. Mayor Stirling said the ordinance states, "the applicant shall give serious consideration to extending the 8 inch main". Mayor Stirling said rather than "serious consideration" Council should determine what is going to be done. Ms. Lamont said this was a referral comment from the water department. In GMP applications people offer to provide upgrades in water main. Vann told Council in speaking with the water department, it was determined that the system is adequate without the extension. Vann said the cost of this extension is unknown and the applicants have not agreed to do 5 Regular Meeting Aspen City Council March 12, 1990 this. Mayor Stirling said he would like this pursued before second reading. Mayor Stirling asked why the city wants the boulders larger than 36 inches. Ms. Lamont said these will be used in the stabilization of Independence pass. Councilman Gassman asked what happens to the encroachment license if the building is demolished in the future. Ms. Lamont said if the building is demolished and the underground parking ceases to exist, the encroachment license will be moot. Vann told Council in designing this, they made the smallest encroachment they could between the two sites. Vann said they would like to discuss enlarging this encroachment at second reading. Councilman Crockett said he is concerned about where this project is going as a result of what happened at Smuggler. Councilman Crockett said he would like to see some conceptual designs for this project. Councilman Crockett said he sees the city almost vacating the alley for this parking. Councilman Crockett said he is concerned about providing the developer with assurances about curb and gutter without the benefit of the streetscape plan staff is working on. Councilman Crockett said he would like to see where the accessory dwelling units are located. Vann said because this is subdivision, there is no architectural review. Vann told Council the applicants have some working drawings and building footprints. There is a layout for the parking garage. Vann said there is very little curb and gutter in this area; the land is in a curb and gutter sidewalk district and applicants are required to agree to provide this. Vann said because of the high volume of traffic, curb and gutter is needed for drainage and to keep cars from encroaching on the property. Vann said the applicants would like to have sidewalks in order to get pedestrians out of the street. The applicants will adhere to whatever guidelines are adopted by the city. Vann told Council P & Z is required to review the accessory dwelling units as a conditional use. Two units on each side of the alley above the parking garage have been provided and will comply with the require- ment of being at least 50 percent above grade. Councilman Crockett said this will be a large project and he would like as much input as possible so that when it is completed it will be something the community can accept. Councilman Crockett said the more information Council can be provided with and the more input they can have, the better it will be. Vann said the TDRs are exempt from affordable housing requirements and from competing in growth management. Vann said if this had to compete in GMP, P & Z would have looked at the scale of the project in context with the surrounding neighborhood. Vann said the applicants will be happy to show what they are doing, but there are no guidelines and no 6 Regular Meeting Aspen City Council March 12, 1990 architectural review standards. Vann said at second reading, the applicants will bring plans that they have to that point. Michael Lipkin, applicant, showed Council the conceptual plans at this point. Councilman Gassman moved to adopt Ordinance #14, Series of 1990, on first reading; seconded by Councilman Tuite. Councilman Peters said he would like to work with the applicant as this is so big it will irrevocably affect the neighborhood. Councilman Peters encouraged the applicants to pursue not for- midable, citadel looking structures. Vann told Council the allowable FAR is 1.5:1 and the applicants are doing slightly less than 1:1, which is 36,000 square feet above grade. The applicant is not requesting a bonus to increase the size of the accessory dwelling units. Councilman Gassman said the applicant has to comply to applicable laws and he questioned including a section in the ordinance stating that applicants have to obey the laws. Roll call vote; Councilmembers Crockett, yes; Tuite, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. REQUEST FOR SUPPLEMENTARY BUDGET - Wheeler Opera House The Wheeler Board has had goals setting sessions and met with Council last month on these requests. The requests are within the Wheeler budget and the RETT. Mayor Stirling said in 1989 the RETT set a record of $920,000 and Council was able to make allocations back into the general fund. Jane Erb, Wheeler Board member, pointed out the Board is asking for money for 6 areas, totalling $75,000, and for an approval of the statement of goals, and the contract for the film series. Ms. Erb said the Board has hopes for instituting a volunteer program at the Wheeler. This will need specialized training for the volunteers in order to handle sophisticated equipment. Ms. Erb said it will cost about $5,000 for 4 persons for this training for a total of $20,000. Councilman Crockett said Council had chal- lenged the Wheeler Board to increase the use of the Wheeler and it will cost money to do this. Councilman Crockett asked if increase in use will result in increase in revenues and what is the net loss/gain. Ms. Erb said this is difficult to pin down. One of the increases in use will be the film program. Bob Murray, Wheeler director, told Council the request for $75,000 will not be a wash in terms of revenues, certainly not the first year. Mayor Stirling said this is the beginning of a long range program. Council will need feedback from the Wheeler board on which programs to continue. Councilman Peters said Council and the board should develop goals for what they are trying to achieve in the volunteer 7 Regular Meeting Aspen City Council March 12, 1990 program. Councilman Peters said one of these goals is to develop a pool of people who are capable of assisting the staff on keeping the Wheeler open. Councilman Peters said he is willing to fund this to some extent; however, it should be a way to decrease overall costs. Councilman Peters said $20,000 is too much money to start this program with and he would be willing to approve a less amount. Councilman Crockett said these requests are in response to what Council has challenged the Board to do. Council- man Crockett said he is not comfortable picking the requests apart line by line. Councilman Crockett said he would rather give them a total and let the Board decide where to put the money. Council- man Tuite said he likes the idea of doing more with the Wheeler; however, the Wheeler is already operating at a deficit. Councilman Tuite asked if the city is throwing away money without knowing the true costs. Bill Efting, acting city manager, recommended Council fund only one or two of the requests and let the staff run these and report back to see if they are successful. Ms. Erb said the need for addition- al staff is the first priority, especially if the Wheeler in- stitutes a film program. Councilman Gassman agreed that the Board is responding to Council requests. Councilman Gassman said the Council is operating in a vacuum and does not know what should be funded and for how much. Councilman Gassman said Council and the Board should come up with an evaluation technique to see if these programs are working. Mayor Stirling said he would like to fund $60,000 with $30,000 for staff; $15,00 for the volunteer program, $5,000 for film and $10,000 for the balance of programs. Mayor Stirling said he would like to have a 6 month review in advance of the budget process. Mayor Stirling moved to approve $50,000; seconded by Councilman Crockett. Councilman Gassman said he would like to add to the motion to have a study session with the Wheeler Board in 90 days for an evaluation of what the Board has conceptually come forward with. Mayor Stirling agreed to add that to the motion. Bob Grueter, Wheeler Board member, told Council they have nego- tiated the contract so that if the film program starts before June 1 they will get $5,000; if it starts after June 1, they will get $2500. All in favor, with the exception of Councilman Tuite. Motion carried. Council asked Sandy Stuller to work with the Board on the lease and to get back to Council by March 26. 8 Rectular Meeting Aspen City Council March 12, 1990 Councilman Peters moved to endorse the Wheeler Opera House Board goals statement; seconded by Councilman Gassman. All in favor, motion carried. RE UEST FOR FUNDS - Dance Aspen Jeffrey Bentley, Director Dance Aspen, said this special request he has brought to Council several times over the past year. This project total is $520,000 which includes a matching grant from the National Endowment from the Arts and will help provide Dance Aspen access in the new the auditorium and to put in items specifically necessary for the dance. Bentley told Council they have received a grant of $40,000 contingent on being able to raise money on a 3 to 1 basis. Mayor Stirling said Dance Aspen had a $30,000 in the RETT and a $30,000 request from the general fund. Council initially approved 20 and 20 and when had to make cuts granted $30,000 in the RETT and nothing in the general fund. Cindy Wilson, finance director, told Council the city has received $134, 000 from AT&T for payment of 3 years of sales tax on switching stations. Ms. Wilson told Council the city should be receiving about $40,000 from this annually. Councilman Crockett said he is concerned at looking this request in a vacuum rather than seeing all cuts in the budget and where the priorities are. Councilman Gassman said it is not fair to go back and do the entire budget over. This request and KAJX were programs Council decided to fund and then cut at the last minute. These requests have been reviewed and compared with other requests. Councilman Crockett said he is concerned that the Council not spend all their money and save some for contingencies, like the parking garage. Councilman Peters said he would like to have a work session and look at every request that was cut. Bentley pointed out he cannot go to the county for funding, like human services organizations can. Bentley told Council he has limited municipal funding resources. Bentley said most of the money for this program is being raised from community donors. REQUESTS FOR FUNDS - Aspen Art Museum Susan Jackson, director of the art museum, requested $57,000 from the city to get the museum through 6 weeks of fund raising. The art museum has been having financial difficulties. The staff and the board have been working hard trying to find their way out of these difficulties. Ms. Jackson told Council they have $95,000 in pledges and need time to be able to collect these pledges. The museum has begun to be more involved in community affairs and plan to do more of that. Colette Penne, arts council, told Council the arts advisory committee met and voted unanimously to support these two needs rather than have the rest of the arts groups ask for money from this windfall. Ms. Jackson told Council she is using 9 Regular Meeting Aspen City Council March 12, 1990 less staff and less budget than prior directors. Ms. Jackson said the problem is not too much spending but is not enough revenue. Ms. Jackson told Council she is looking at ways to create more revenue in the future. Councilman Gassman asked how the art museum got to this point. Ms. Jackson said the museum is in the same situations that other arts groups have been in. This is a cyclical thing. Ms. Jackson said there has been a lack of long term planning. Councilman Peters said he would like to see the museum try and match what they are spending on exhibits to what they will get from revenues. Council- man Peters said he feels this is an appropriate application to Council; however, to be bailed out of a last minute situation is very unprofessional. Councilman Peters said without a qualified opinion on the audit, he will not vote for one cent until the finance director looks at the and the books. Ms. Jackson said that was alright with the museum. Councilman Crockett said he is favorably disposed to this but would like to know what kind of assurance the city can get about the museum's fiscal responsibility. Ms. Jackson said the museum has a plan that they think will work. Ms. Jackson said the museum is requesting money for 6 weeks to get the pledges to be realized money. Mayor Stirling pointed out the art museum has not increased their request to Council other than 1 or 2 percent over the last 11 years. Mayor Stirling said his inclination is to give the art museum an outright grant to get them going and to get a report back from the finance director and then determine whether to make the second part of a grant. Councilman Peters moved that the city advance the art museum a potential 1991 allocation of $25,000 contingent on Cindy Wilson providing some indication that a clean audit will be forthcoming from the art museum board; seconded by Councilman Tuite. Councilman Peters in favor; everyone else opposed. Motion carried. Councilman Tuite moved to approve $25, 000 as an outright grant from the AT&T fund; seconded by Councilman Crockett. Councilman Crockett asked how this will be looked into by the finance director. Cindy Wilson, finance director, said she is willing to look at their audit and at their budget. Councilman Gassman said he has some reservations. Councilman Gassman said in organizations that are in trouble and return to health something had to changed within that organization. Councilman Gassman said he would like to know what the difference at the art museum will be. Pat Fallin, art museum board member, said one change is the new director. The Board had eliminated the top two persons at the 10 Regular Meetina Aspen City Council March 12, 1990 art museum for 8 months and the board ran the museum until Susan Jackson was hired. Ms. Jackson knew she was hired to bring new plans and stabilization to the art museum. Councilman Peters agreed it is time for Council to show an extra measure of support for the museum; however, it is also appropriate for Council to ask for an extra measure of performance. Councilman Peters said he would be willing to advance the money and have the museum try and find ways to replace that money. Mayor Stirling said he would be willing to look at that suggestion as a second phase. Mayor Stirling said Council needs a report be March 26th. All in favor, with the exception of Councilman Peters. Motion carried. Bentley pointed out the arts organizations in Aspen have not come back to Council when they have had fund raising problems. Bentley pointed the organizations have always done the programs and have provided citizens with low ticket prices. Mayor Stirling said on March 26th the finance director will report back on what is happening and whether the museum will make an additional request and a report on the difference in the museum in internal controls, etc. Councilman Crockett asked how much time staff would need to collect for Council what other groups might be coming in to request funds. Ms. Wilson said she can put together the list of funding requests and what was funded rather quickly. Bentley said he would like some commitment from the city so he can present this to other donors. Mayor Stirling moved to make a 50 percent commitment to Dance Aspen's request of $15,000 out of AT&T windfall and reevaluate the second portion of this later in the spring; seconded by Councilman Tuite. Councilman Tuite and Mayor Stirling in favor, everyone else opposed. Motion NOT carried. Councilman Gassman said he feels about this request the same as that of KAJX; it was something Council had already discussed. Councilman Gassman said it does not seems entirely fair to start over and by postponing this request, it allows mores conflicting claims to turn up. Councilman Gassman moved to grant $ 2 5 , 0 0 0 to Dance Aspen out o f the AT&T windfall; seconded by Councilman Tuite. Councilman Gassman said Dance Aspen and KAJX were the only two requests cut at the last minute. Mayor Stirling said these were matching grants. Mayor Stirling said he is inclined to make a grant as a reaffirmation of support for matching grants. Councilman Gassman and Councilman Tuite in favor; everyone else opposed. Motion NOT carried. 11 Regular Meeting Aspen City Council March 12, 1990 Mayor Stirling moved to support a $20,000 which matches the grant made during the during hearing of 1989; seconded by Councilman Gassman. Councilmembers Tuite, Gassman and Mayor Stirling in favor; Councilmembers Crockett and Peters opposed. Motion carried. REQUEST TO USE PUBLIC RIGHTS-OF-WAY - Driscol Gallery Pam Driscol told Council she has a new gallery in Aspen which specializes in large sculpture. Ms. Driscol placed two of these sculptures in front of the galley in city property without realiz- ing this was against the law. Ms. Driscol said she is requesting permission to leave the sculptures in the right-of-way under the vending agreement section of the code. Pam Dreffer told Council there is an increase in this country towards using fine sculpture to enrich the lives of society. Ms. Dreffer told Council the response of appreciation they have received have been encouraging and have indicated that Aspen needs sculpture. Ms. Dreffer said there is little sculpture in Aspen. The gallery represent many outstanding sculptors. Ms. Dreffer invited the city to take advantage of this opportunity and to improve the quality of Aspen. Ms. Dreffer told Council the cost of policing this service is zero. The sculptures are fully insured, are so heavy they do not anti- cipate theft. Ms. Dreffer said revenues which shall accrue to the city for grant of permission to display these will be taxes received from sales. Ms. Dreffer suggested having a review committee to approve the art. Mayor Stirling said there are a lot of private downtown areas that have public areas that might lend themselves to having these sculptures. Bill Drueding, building department, told Council open space is addressed in the code; there is no storage, displays or merchandising of goods allowed in required open space. Drueding said if this is not required open space in private property, the policy in 1982 which was reaffirmed in 1987 addresses merchandis- ing. Drueding said if the sculptures are purchased by an indi- vidual and placed on their property, that is not merchandising. Councilman Gassman said the issue is whether the city is going to allow the use of public property to sell things. Council has been consistent over the years in not doing that. Councilman Gassman moved that the administrative policy of 1982 be re-reaffirmed again; seconded by Councilman Peters. Ms. Dreffer said they have two sculptures in front of the gallery they have been given permission for until this meeting. Mayor 12 Regular Meeting Aspen City Council March 12, 1990 Stirling said these will have to be dealt with tomorrow by virtue of this motion. All in favor, motion carried. ORDINANCE #15, SERIES OF 1990 - Library Rezoning Councilman Peters moved to read Ordinance #15, Series of 1990; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #15 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MAP AMENDMENT THE LIBRARY PARCEL, 120 EAST MAIN FOR LOTS N, O. AND PART OF M, BLOCK 66 was read by the city clerk Councilman Peters moved to adopt Ordinance #15, Series of 1990, on first reading; seconded by Councilman Tuite. Leslie Lamont, planning office, told Council a vested right section should be added to this ordinance. The planning staff recommended denial of this rezoning because this is a public parcel and a rare commodity in the city. Ms. Lamont said it would be a shame to lose a public parcel before the city has had the ability to identify facility needs for the city. P & Z's resolution asked Council to carefully reconsider rezoning. P & Z did not want to hold up progress on the new library; however, this did not preclude Council considering purchase of this parcel. Chuck Vidal, library board, told Council this has been in the pipeline for about 2 years. Vidal said the library board presented a rationale to the prior Council why the existing site does not work for a library. The formula that has always been on the table is that the library needs free land and needs to sell the existing site. Vidal said with the tax increase, free land and selling the existing site they will be able to build a new library without having to go to public funds or having a fund raising. Vidal said they have gone to bid and plan to break ground this April. Very explicit in this is being able to sell the existing site at market value. Vidal pointed out the library did not get a free site; the previous city Council required the library to pay off the remaining Oden debt. Vidal said he does not argue with the goals of staff in terms of evaluating public property; however, this is an untimely issue for this particular project. Vidal said the library would have broken ground last fall if it had not been for the water at the parking garage site. Vidal told Council the county has reviewed their requirements and has passed on acquisition or retaining that site. 13 Regular Meeting Aspen Cty Council March 12, 1990 Vidal told Council it would stop the library project if Council did not approve this . Vidal said once the zoning is approved they will go out for proposals on this property. The land has been appraised at about $1,100,000. Councilman Crockett said he is concerned about selling a non- renewable asset and getting it out of publicly controlled inven- tory. Councilman Peters agreed the city does not want to be liquidating their public parcels nor does the city wants the county to be doing this. Councilman Peters said this has been in the works a long time and not agreeing to rezone it would be a complete reversal of plans for the library construction. Councilman Gassman agreed. Councilman Tuite said if the city wants it retained, they have to come up with at least $1,000,000. Councilman Tuite agreed he does not like selling off the assets. Ms. Lamont told Council the County Commissioners, as land owners, approved the application for rezoning. Vidal said the county owns this property; however, the property was bought and built as a library. The library was funded by private donations and gifts. Vidal said the presentations to Council have always included selling the library. Sunny Vann said there are only two public customers, and the county has applied for a rezoning. Vidal said the library happened to be located on the Oden property, the only property that had an encumbrance left on it and the library was saddled with that encumbrance. Councilman Gassman pointed out the Council has a broad agenda and is trying to accomplish a lot of things, rather than a narrow focus like the library board. Councilman Gassman said he would like to see what the land is worth by second reading and what is the difference between that and what it takes to build the library. Vidal said it takes more than the library is worth to build a new library. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Tuite, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. COORDINATING DEVELOPMENT OF EAST & WEST HOPKINS WITH HOUSING AUTHORITY Councilman Peters moved to table this to March 26, 1990; seconded by Councilman Gassman. All in favor, motion carried. CANYON CABLE BIANNUAL REPORT Tom Coleman, Canyon Cable, said this biannual review is a chance for Council to look at Canyon Cable to see if they have been living up to their stipulations in the franchise permit. Coleman said Canyon Cable has more than met all the requirements in the last two years. Councilman Gassman said he feels Aspen is fortunate in not having any problems with the cable company. Canyon Cable has lived 14 Regular Meeting Aspen City Council March 12, 1990 up to their commitments. The city is funding a radio and televi- sion from franchise fees. Coleman told Council they have no increase planned in the next 12 months. Councilman Peters moved to find that Canyon Cable has met all the appropriate requirements of Ordinance #64, Series of 1983, and the cable TV permit; seconded by Councilman Crockett. All in favor, motion carried. MAROLT BARN HEALTH ASSESSMENT REOUEST Tom Dunlop environmental health department, said they need about $3,000 with a commitment of Chen to come back to the city if they have to go above that cost. Dunlop said the necessity for this is there because of the public access to the site and the city encouraging people to go to the site. Dunlop said in 1989, the city authorized the finding of parts per million of heavy metals in the soils. Councilman Crockett moved to appropriate money for the health assessment study from the contingency fund; seconded by Councilman Peters. Mayor Stirling asked if this money can come from the land fund. Councilman Gassman asked staff to find out if we can get financial help from the historical society. Councilman Crockett amended his motion that the money come from the contingency fund and/or the land fund; seconded by Councilman Peters. Bill Efting said he will also approach the historical society about financial help. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #16, SERIES OF 1990 - VanDeusen Subdivision Exemption Councilman Gassman moved to read Ordinance #16, Series of 1990; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #16 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUB- DIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE VANDEUSEN DUPLEX was read by the city clerk 15 Regular Meeting Aspen Citv Council March_121 1990 Councilman Gassman moved to adopt Ordinance #16, Series of 1990, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Crockett, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #17, SERIES OF 1990 - Historic Designation Councilman Crockett left the room due to conflict of interest. Councilman Tuite moved to read Ordinance #17, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #17 (Series of 1990) AN ORDINANCE DESIGNATING A PORTION OF 17 QUEEN STREET AS H, HISTORIC LANDMARK, PURSUANT TO DIVISION 7, SECTION 7- 701 OF THE LAND USE CODE was read by the city clerk Councilman Gassman moved to adopt Ordinance #17, Series of 1990, on first reading; seconded by Councilman Tuite. Councilman Peters said he would like the HPC to comment on this by second reading. Lennie Oates, representing the applicant, told Council this has already gone through HPC and P & Z. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. ORDINANCE #18, SERIES OF 1990 - Additional Alternate for CAB Councilman Peters moved to read Ordinance #18, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #18 (Series of 1990) AN ORDINANCE AMENDING ORDINANCE NO. 59 (SERIES OF 1985) OF THE CITY OF ASPEN, COLORADO, PROVIDING FOR AN ADDI- TIONAL ALTERNATE MEMBER TO SERVE ON THE CLEAN AIR REVIEW BOARD was read by the city clerk Councilman Gassman moved to adopt Ordinance #18, Series of 1990, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Crockett, yes; Gassman, yes; Peters, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #19, SERIES OF 1990 - Increase Water Tap Fees Councilman Gassman moved to table this to March 26, 1990; seconded by Councilman Peters. All in favor, motion carried. 16 Regular Meeting Aspen City Council March 12, 1990 CONTRACT AWARD - Street Overlay Project Elyse Elliott, engineering department, told Council these projects will be paid for by the serial tax funds, approved by the voters for street repairs. 1991 will be the last year of this tax. Ms. Elliott said Elam was the low bidder and requested Council award the contract for $161,979. Councilman Gassman moved to award the contract to Elam for $161,979; seconded by Councilman Peters. Mayor Stirling said he has had some complaints from citizens on Park and Dale avenues and requesting staff look at these streets. Ms. Elliott told Council staff will be conducting an inventory of all streets. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Elk's Building Elyse Elliott, engineering department, told Council these requests are for the historic encroachments at the Elk's building. No one had any problems with the historic encroachments; however, 3 city departments have recommended that the cinder block building be removed as it constricts the alley to 16 feet. That cinder block building is an existing encroachment but not a historic encroach- ment. John Kelly, representing the applicant, told Council the stairs that the cinder block building covers are historic and have been there since the 1890's. These stairs are very important access to the basement. Kelly said the HPC has recommended that this cinder block building be re-roofed and painted. Ms. Eflin noted in a memo that she does not support the removal of the century old elements of the encroachment. Kelly said if these stairs had to be moved into the building, the Elk's would lose a lot of space. Councilman Tuite moved to approve all existing encroachments on the Elk's building; seconded by Councilman Peters. Mayor Stirling said this points out how much more it often takes to maintain and restore older buildings. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #20, SERIES OF 1990 - Code Amendment Section 19 Councilman Gassman moved to read Ordinance #20, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. 17 Regular Meeting Aspen City Council March 12, 1990 ORDINANCE #20 (Series of 1990) AN ORDINANCE AMENDING SECTION 19, ARTICLE III OF THE ASPEN MUNICIPAL CODE REGARDING EXCAVATION IN THE CITY RIGHT-OF-WAY was read by the city clerk Councilman Crockett moved to adopt Ordinance #20, Series of 1990, on first reading; seconded by Councilman Peters. Councilman Peters said it appears to do any digging in the right- of-way, one will need to be a licensed contractor. Elyse Elliott, engineering department, said one can get an excavators license, which means you have to show proof of insurance. Councilman Peters asked what if someone wants to plant a tree in the right-of-way. Ms. Elliott answered this does not cover landscaping. Ms. Elliott told Council these amendments came about as a result of the meetings last fall with users of the public right-of-way and meetings with contractors and utility companies. Ms. Elliott said one goal in this for the code revision was to have a code that addresses all sizes of excavation as well as having language that would hold contractors to a higher standard of performance. Ms. Elliott said the group wanted some flexibility in the code to be able to consider special situations. Roll call vote; Councilmembers Crockett, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Council adjourned the meeting at 8:57 p.m. ~.. Kathryn S Koch, City Clerk 18