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HomeMy WebLinkAboutminutes.council.19900709Regular Meeting Aspen City Council July 9, 1990 PROCLAMATION - Jorge Mester 1 CITIZENS COMMENTS 1 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 5 LIQUOR LICENSING AUTHORITY BUSINESS 5 ORDINANCE #36, SERIES OF 1990 - Historic Designation 200 S. Monarch 5 ORDINANCE #40, SERIES OF 1990 - PUD Amendment Smuggler Mobile Home Park 7 SMUGGLER WATER TAP FEE WAIVERS 8 ORDINANCE ##41, SERIES OF 1990 - Gordon/Callahan Subdivision 9 ORDINANCE #48, SERIES OF 1990 - Water Agreement Maroon Creek Devel . 11 ORDINANCE #49, SERIES OF 1990 - Water Agreement Aspen Butter- milk 12 ORDINANCE #50, SERIES OF 1990 - Water Agreement Wexner 12 ORDINANCE #51, SERIES OF 1990 - Water Agreement Red Moun- tain 13 ORDINANCE ##52, SERIES OF 1990 - Water Agreement Pitkin County Housing Authority Twin Ridge 13 ORDINANCE #37, SERIES OF 1990 - Housing Guidelines 14 1991 BUDGET GUIDELINES 14 GOLF MAINTENANCE CONTRACT 15 ORDINANCE #54, SERIES OF 1990 - Appropriations 16 BOARD INTERVIEWS 16 17 Regular Meeting Aspen City Council July 9, 1990 Mayor Stirling called the meeting to order at 5:02 p.m. with Councilmembers Tuite, Pendleton, Peters and Gassman present. PROCLAMATION - Jorge Mester Mayor Stirling announced that Council had declared July 1st as Jorge Mester day in Aspen acknowledging his commitment and talent as music director of the Aspen Music Festival for the last 21 seasons. CITIZENS .COMMENTS 1. Susie Langenkamp, managing director of the Aspen Theatre Company, pointed out when the city did the paving of the streets on the Rio Grande, the street leading to the tent was named Snow Dump Court. Ms. Langenkamp recommended the city change this to something more appropriate, like Theatre Park Circle, Off Broadway or 42nd Street West. Mayor Stirling moved to direct the city manager to take alternate names under advisement and come back to Council with recommenda- tions; seconded by Councilman Peters. All in favor, motion carried. Councilman Gassman said sometimes prosaic names, like Aspen, Basalt and Rifle, turn out not to be so bad. Chuck Roth, engineering department, told Council staff named the street Snow Dump Court so people would remember that is where the snow melting machine is located. 2. Phoebe Ryerson said at the Meadows there is an area east of the tent used as parking in the summer that could be used as a snow dump in the winter. Mayor Stirling said Council tried that location a few years ago and met with a lot of neighborhood complaints. 3. Jon Busch said at the Design Conference there was a lecture by Peter Kalthorpe, a community planner, Busch said the lecture was excellent; however, there was no representative from the city. Busch said a lot of excellent speakers come to the community at no charge to the city. These lectures could get staff and elected officials excited and thinking about Aspen with new eyes. Busch suggested city personnel attend these events in the future. 4. Jon Busch said in Portland, Oregon, has an ordinance prohibit- ing the use of plastic containers in the city. Busch requested Aspen get a copy of the legislation and have staff look into banning plastics. Councilman Tuite pointed out the city has discussed this; however, the state passed legislation forbidding municipalities from banning plastics. Carol O'Dowd, city manager, 1 Regular Meeting Aspen City Council July 9, 1990 said this may change in the next legislature and she will keep Council informed. 5. Kathy Daily told Council she has been doing a course in Aspen based on commitment and teamwork. One day of the course is raising money, which they have done on the mall. One year they raised money to send a volunteer fireman to a special school; last year they raised $6,000 for the youth center.. All the money is donated back to the community. Ms. Daily said she was just told by the police that this is against the law without a special license. Ms. Daily said this event is Sunday, July 15 for 4 hours on the mall and requested a special event license. Ms. Daily said a service is sold and all the money is returned to the community. Art Daily told Council he would be willing to do any paperwork needed. Mayor Stirling moved to support the vent in the mall subject to it being process through staff.; seconded by Councilman Tuite. All in favor, motion carried. 6. Mary Martin said if the electorate chooses to keep the election in November that Council reconsider putting on the November ballot an ordinance to fix when the Council is sworn in. Mayor Stirling said Council will see what the results of July 10th election are. Jon Busch said if the city changes the effective date of Council that it is imperative they change the fiscal year date. Councilman Tuite said that is mandated by state statute. COUNCILMEMBER COMMENTS 1. Mayor Stirling said on July 25, Ordinance #39 passed by a 2 to 1 vote. In order for city ordinances to pass on second reading, there has to be a full majority of Council voting in favor. Jed Caswall, city attorney, suggested this be noticed for the July 23rd meeting. Mayor Stirling moved to direct the city manager to place this on the July 23 meeting and notice it for a public hearing; seconded by Councilman Gassman. All in favor, motion carried. 2. Mayor Stirling said he has received a lot of letters and calls about potholes around town. Carol O'Dowd, city manager, told Council she is working with the streets department and will report back to Council. 3. Mayor Stirling asked about analysis of the building department and feedback. Carol O'Dowd, city manager, said she will have a formal report at the July 23rd meeting. Ms. O'Dowd said she is exploring what can be done jointly with the city and with the existing structure. Staff has identified some way to improve the permit application processing. 2 Regular Meeting Aspen City Council July 9, 1990 4. Mayor Stirling asked about the Midland right-of-way status. Bill Efting, assistant city manager, told Council he has met with Lyle Reeder. Reeder left the trail open for the weekend but the fence will go back up. Efting said he is meeting with him again this week. Mayor Stirling requested to be at the meeting. 5. Mayor Stirling reported the city had received a cash-in-lieu payment of $440,000 from the Riverfront park subdivision. 6. Mayor Stirling urged everyone to vote tomorrow. 7. Councilman Peters suggested scheduling a work session with Council to talk about manpower allocation and request for services in the police department . John Goodwin, police chief , told Council he is meeting with staff to look at the suggestions that have been made and to get back to the neighborhood to see what can be accomplished. After that it would be appropriate to have a work session. Carol O'Dowd, city manager, said this can also be discussed at budget sessions. 8. Councilman Peters said Ann Ibbotson has been complaining about the speed of traffic and buses on Fifth street. Councilman Peters pointed out most of the stop signs are located closer to Main street and the last few blocks are uncontrolled. Ms. Ibbotson met with the M.A.A. and they requested a four-way stop at Fifth and Smuggler. Nothing has been done. Councilman Peters said with Council's blessing, he would put this forward to staff. Councilman Tuite said if this takes too long, the summer season will be over. Councilman Tuite said if this is something the staf f f finds makes sense, do it right away. 9. Councilman Peters congratulated staff, especially Jed Caswall and Yvonne Blocker, for getting the $440,000 cash-in-lieu from the Riverfront park subdivision. The city continues to pay interest on loans for their own housing projects. 10. Councilman Peters said at the last meeting Council discussed the ice rink and park for the Aspen Mountain PUD and forwarded a recommendation to P & Z. Councilman Peters said Mayor Stirling and Councilman Gassman were not present at the Council meeting and suggested they follow up and let P & Z know how they feel about the project. 11. Carol O'Dowd, city manager, told Council the city has been approached by the Rotary Club to work with them and to make a contribution and improvements at Iselin park. Ron Garfield talked to staff about trying to do a larger full blown recreation facility. Ms. O'Dowd requested Council's support for staff to work with both Rotary and interested citizens to make sure the contribu- 3 Regular Meeting Aspen City Council July 9, 1990 tions can be lasting ones and not contrary to long range recreation planning. Mike Otte, representing the Rotary, told Council they started building a consensus they would like to get involved in providing money, time and expertise for a park. Otte said they do not want to be controversial. Otte said the club would like to offer their resources for some type of Rotary park. Mayor Stirling said the city appreciates the generosity and effort. The city is in the process of negotiating some land trades. This offer should wait until after these negotiations are settled. 12. Carol O'Dowd, city manager, told Council staff has received the estimates on undergrounding the utilities in the Cemetery Lane area. Ms. O'Dowd said they are much higher than anticipated. Ms. O'Dowd recommended putting on the consent calendar a motion to extend the deadline to accept estimates for this project another 90 days. Councilman Peters moved to extend the deadline for 90 days; seconded by Councilman Tuite. Ms. O'Dowd said staff will be reconfirming the bids and will meet with the homeowners to see if they are still interested in the project . All in favor, motion carried. 13. Carol O'Dowd, city manager, pointed out there is a memorandum about the Board of Adjustment in her comments. The planning director has met with the chairman. Remo Lavagnino, Board of Adjustment, said he feels the Board could have a working arrange- ment with the planning office regarding interpretation of the Code. Lavagnino said his concern is the process of going from a building enforcement official to the planning director and then to Council. Lavagnino said originally the interpretation would then go to the Board, rather than Council. Lavagnino said the Board serves at the pleasure of Council. Lavagnino said with the new arrangement, he feels the public does not get a fair hearing, this is still within the government purview. The Board can give a fair and impartial decision outside bureaucracy. Lavagnino said he feels some interpretations in the building department are arbitrary and ambiguous. Councilman Peters said he supported making the change back; however, has had conversations with the planning director about the Council goal of providing fair and consistent government. The planning director made a strong case for discretion within the planning office. Mayor Stirling suggested the Board look at the memo. Mayor Stirling said he is not interested in changing the process. Councilman Tuite agreed with Councilman Peters and said his goal is to not have areas in the code that need to be inter- preted. 4 Regular Meeting Aspen City Council July 9, 1990 CONSENT CALENDAR Councilwoman Pendleton moved to approve the minutes of June 18 , 2 5 , 1990; seconded by Councilman Tuite. All in favor, motion carried. LIQUOR LICENSING AUTHORITY BUSINESS Councilman Peters moved to approve the transfer of La Cadeau to Omi and to approve the renewals of Downtown Sports Center and Syzygy; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #36, SERIES OF 1990 - Historic Designation 200 S. Monarch Roxanne Eflin, planning office, told Council this is historic designation of the entire parcel known as the Lily Reid parcel for the purpose of growth management quota exemption and parking variation for the new development. HPC and P & Z both have recommended designation-for the entire parcel finding standard (f) has been met and that the benefit received by the community in the form of a restored historic cottage outweighs the gains to the developer. P & Z conditioned their recommendation to require any further development be subject to GMP competition. Staff continues to recommend designation for only the portion of the parcel which would- contain the relocated historic structure, finding that that is the parcel that any standard for designation would apply to. This request is for exemption from GMP and for parking variations . It is a very good project and does benefit the historic cottage by making it a show case and restoring it. Ms. Eflin pointed out the entire project is below the maximum FAR at 1.45:1 and will be providing all of ,the affordable housing on site. Ms. Eflin said she is concerned that Council's decision to designate the entire parcel will set a precedent for other cases. Ms. Eflin said staff would like a code amendment to define the word site. Ms. Eflin said there are other alternatives, such as allowing designation to occur so that growth management exemption and the competition does not have to continue and that the parking variation should apply to the net leasable square footage of just the historic resource. Ms. Eflin said 18 spaces are required on site; the applicant proposes 3 parking spaces on site. The historic building would require about 2 parking spaces so a possibility is to have the applicant mitigate for the remaining 13 spaces. Cash-in-lieu parking is $15,000 per space or $195,000 total. The applicant should compete for any increase in floor area above the 13,200 that is currently being requested, including any net leasable below grade.` Ms. Eflin recommended designation apply to the historic cottage and its relocated portion of land. 5 Regular Meeting Ashen City Council July 9, 1990 Gideon Kaufman, representing the applicant, noted everyone has agreed that the applicant has created a rare historic opportunity and an excellent project. The only negative thing mentioned about the project is that it may set a dangerous precedent. Kaufman told Council the HPC was excited about the precedent and were all confident in their ability to distinguish between projects which had merit and those which did not. Kaufman reminded Council Larry Brooks, owner of adjacent property, acquired the Lily Reid house, a historic structure in a run down condition lost in a canyon effect. Brooks did this to reunite 3 parcels which have a long history of being in common ownership. Brooks is willing to tear down a new existing building in very good condition in order to move the Lily Reid structure to the corner, restore it and give it the pre-eminence it deserves. The structure will be moved to the most important place on the lot both visually and economically. Kaufman said the applicant feels technically entitled to designa- tion for the whole parcel. Kaufman said the city enacted incentives for historic buildings to encourage projects like this. Kaufman said not every piece of property can accommodate every need of the city. Council should ask themselves if this is the type of project they want on this corner. Larry Yaw, architect, presented a model of the project with the Lily Reid building on the corner. Yaw pointed out the Victorian on each corner are a gateway between the residential areas and the commercial areas. The commercial building has been stepped back to create a background for the Lily Reid building. Mayor Stirling opened the public hearing. Jim Gibbons told Council this is a good project and a good solution to a problem. Gibbons said the owner is a good landlord. Larry Brooks, applicant, told Council he has been discussing with the current tenants the possibility of staying in their location. Walt Dixon, proprietor of Uriah Heeps and current tenant, told Council they would like to stay in their location and that Brooks is an asset to the community. ,Dixon said they do not favor the city exacting a large parking fee. Brooks has been good at keeping the rents down and a large parking fee will force him to increase rents. Mayor Stirling closed the .public hearing. Councilwoman Pendleton said she supports historic designation of the whole parcel. The project is too good to let it go. Council- woman Pendleton said one of her goals is to have local businesses stay downtown. The current tenants have good things to say about the landlord. Councilman Peters said he likes the design of the project, which he feels is a benefit to both the applicant and the community. Councilman Peters said there are alternatives to 6 Rectular Meeting Aspen City Council July 9, 1990 historic designation of the entire parcel, which is inconsistent with previous actions of Council and HPC. Councilman Peters said one alternative is a GMQS application. Councilman Peters said he would support a multi-year allocation for this project. Councilman Peters said he would also be willing to work on the parking solution; however, no one can guarantee this savings will be passed onto the tenants. Councilman Gassman noted the staff memorandum states the below grade space is not net leasable. Councilman Gassman said he had understood that is where the restaurant was going to be. Kaufman said the restaurant will be in the below grade space. Councilman Tuite said the project should be judged on its merits rather than who owns it. Councilman Tuite said this project has been competing for two years in the HPC and P & Z convincing them of the validity of this project. Councilman Tuite said this building is more of an asset if moved to the corner rather than leaving it in the middle of the block and building all around it. Amy Margerum, planning director, pointed out staff was under the impression there would be no net leasable space below grade. The statement that the applicant would be providing employee housing equal to that which they would have to mitigate if they went through GMP may not be true because of the below grade space, which would be exempt if the whole space were designated. Mayor Stirling noted since the city increased the employee housing requirement to 60 percent, there has not been a commercial project. Mayor Stirling said this developer may be able to make that commitment because of the other incentives. Mayor Stirling said in order to make restoration effective, there have to be bona fide incentives. Mayor Stirling agreed moving this historic building a few feet will give it a more primary look. Mayor Stirling said he feels this project will trigger others to see restoration as a valuable tool for urban development. Councilman Gassman said this is a good solution to preserve the building; it is a nice design solution and is something that will be an asset to the owner and to the town. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, no; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #40, SERIES OF 1990 - PUD Amendment Smuggler Mobile Home Park Councilman Tuite left the room due to a conflict of interest. Leslie Lamont, planning office, told Council this is the second step of a two step process. This was reviewed by P & Z, who approved the amendment proposal. Ms. Lamont reminded Council at f first reading they requested staf f to look at permitted uses at the Smuggler Mobile Home park. Ms. Lamont told Council staff worked 7 Regular Meeting Aspen City Council July 9, 1990 with the applicant's attorney on language which addresses permitted uses, new additions and redevelopment. These changes are in the ordinance. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Vince Gallucio said the average size lot is 2800 square feet; the maximum allowable floor area is 2000 square feet. There is a parking requirement of two spaces; 3 if there is more than 1500 square feet of building. Councilman Peters said the regulations are depending on the setbacks and parking requirements to control bulk; FAR legitimizes what is an appropriate amount of floor area on the site. Mayor Stirling said there is not a definition in the ordinance for site built homes; this should be added. Ms. Lamont defined this as something other than modular or mobile; other than pre-manufac- tured. Councilman Peters moved to adopt Ordinance #40, Series of 1990, on second reading, as amended; seconded by Councilman Gassman. Roll call vote; Councilmembers Peters, yes; Gassman, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. SMUGGLER WATER TAP FEE WAIVERS Vince Gallucio told Council they were under the impression that because Smuggler Mobile Home Park is 100 percent employee housing the water tap fees would be waived. The ordinance pertains only to new construction of living sites. Additions do not qualify for waiver of tap fees . Gallucio said a second bath costs $1800 in tap fees and $500 for a sewer fee. Gallucio said it is very expensive to upgrade a mobile home from one bathroom to two. Mayor Stirling suggested having the manager research this with appropriate staff and come back with an analysis and recommenda- tion. Jed Caswall, city attorney, said based on the minutes and Ordinance #8, 1990, only projects available for tap fee waivers are 100 percent affordable projects as administered by the housing authority and this only applies to new construction. Gallucio presented a letter from Dennis Young. Councilman Gassman said this request may be an expansion of Caswall's interpretation and could come up on other projects, like adding kitchens to Marolt. Councilman Gassman said he would like to look into this and have staff do some research but not discuss~it on this agenda. Councilman Peters said he would like to explore expanding the ordinance. Councilman Peters pointed out that Smuggler is not deed restricted to price and income guidelines; it is restricted to 8 Regular Meeting Aspen City Council July 9, 1990 resident occupancy. Council has not addressed waiving tap fees for resident occupied units. Carol O'Dowd, city manager, reminded Council they just imposed a rate increase for waivers of limited tap fees. Councilman Gassman agreed Council needs to have a discussion on what they want to waive tap fees for. Gallucio asked about waiving the $1700 application fees for this process. Mayor Stirling recommended this be dealt with when the water tap issue, is discussed. ORDINANCE #41, SERIES OF 1990 - Gordon/Callahan Subdivision Leslie Lamont, planning office, told Council this is a request for approval of the final PUD/subdivision, lot line adjustment of lots 8 and 9 of the Callahan subdivision, and vested rights. Ms. Lamont said the subdivision is lot 2 of the Gordon subdivision, into 2A, 2B and 2C, and the lot line adjustment. Staff recommends approval with conditions in the ordinance. Ms. Lamont made two corrections to the ordinance; one is to include language on the Gordon plat to indicate that lots 8 and 9 of the Callahan subdivision have been adjusted. The language should say, "prior to the issuance of any excavation, foundation and building permits, the applicant shall include language on the Gordon final plat that indicates lots 8 and 9 of the Callahan plat have been adjusted" . Ms . Lamont pointed out the last sentence of section 3 should read, "The Gordon subdivision and lots 8 and 9 of the Callahan subdivision". Mayor Stirling opened the public hearing. Mayor Stirling read into the record a letter from Helen Klanderud expressing objection to the proposed trail. Dottie concurred with this objection. Stan Mathis, architect, showed Council the trail easement on the corner of the site. In lieu of a trail being put up the steep embankment, the applicant committed to paying cash to be used for a bridge or the trails system. The easement will still be granted along the river going north. John Elmore said the residents of Riverside did not want the trail coming up the bank, going through their neighborhood and linking with Riverside avenue and highway 82. Mathis said this application does not propose that trail. Ms. Lamont reminded Council at the May 16th work session, they discussed the two different trail alignment options. The applicant showed what it would take to get up the hill to Riverside drive. Site visits were done with the Neighborhood Advisory Committee and with the applicants. The Riverside homeowners decided they did not want to have trail connecting to Riverside avenue. The ordinance reflects a cash-in-lieu payment for bridge or trail contributions. 9 Regular Meeting Aspen City Council July 9, 1990 Tim Murray asked what will happen to the trail linking Riverside avenue to Crystal Lake road and the Aspen Club. Staff said this is just a sewer easement used by neighbors, not a trail. Sunny Vann said the majority of the trail is in the Callahan subdivision and not addressed in this application. The portion crossing the gap is resolved as part of this application and becomes part of lot 8, which is what the lot line adjustment is about. Apiece of lot 8 is removed; a 7 foot strip is added; .the FAR remains unchanged. The portion .of the walking path that crosses the Callahan is now sold to an individual property owner and may not remain as a walking path. Bob Murray said at one time two houses were going to be built on this area. Because of the Lipkin rights, more houses will be built on this land, which is unfortunate. Councilman Peters brought up the Enloe easement; one condition of the P & Z was that the applicant remove the Enloe access. Vann said the applicants cannot unilaterally remove the easement because it is someone else's. The access road can be moved to a new easement, which everyone is more satisfied with. Enloe's attorney agreed to eliminate the easement if the city would sign off on the alternative access. The prior city attorney indicated he was unwilling to give that blanket approval to the alternative access. Enloe is unwilling to terminate that easement and the applicant has no ability to terminate that easement. Mayor Stirling said there will be 4 accessory dwelling units, one on each house. Ms. Lamont told Council use of TDRs does not require competing under GMP or mitigation of housing. However, having TDRs does not negate requiring the application to go through PUD, subdivision, conditional use review for the ADUs and stream margin review for this application by P & Z. Vann said condition E refers to the driveways accessing the. individual lots from the main roadway. The city engineer has been expressing concern regarding very steep driveways and has some problems with the condition which refers to adhering to city street standards. Mathis said a city street standard would be a 6 percent grade; they cannot meet that with two of the driveways. Councilman Gassman moved to delete (E) number #7 on page 5; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Peters said he would like to go back to the P & Z recommendation that a trail easement be provided along the driveway to Crystal Lake road. Councilman Peters said the bridge is almost useless as it does not connect to anywhere. Councilman Peters said if this trail easement is not procured now, it will never be procured. 10 ~- Regular Meeting Aspen City Council July 9, 1990 Councilman Peters moved to include the trail connection of the original P & Z recommendation; seconded by Councilman Gassman. John Elmore .pointed out this trail is not part of the trails master plan for the city. Elmore pointed out there are other alternatives in the area. Mayor Stirling said it would be nice to have the easement; however, this process has been one of compromise and some reliance. The city has gotten 4 ADUs, and has reduced the number of lots by one. Mayor Stirling said he likes the aesthetics of the proposed trail coming along the river. Mayor Stirling said this condition is beyond what is fair. Councilman Peters said his proposed trail alignment was worked out by staff and P & Z after a long process. Councilman Peters and Councilman Gassman in favor; Councilmembers Tuite, Pendleton and Mayor~Stirling opposed. Motion NOT carried. Councilman Gassman moved to adopt Ordinance #41, Series of 1990, on second reading as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Gassman, yes; Peters, no; Mayor Stirling, yes. Motion carried. ORDINANCE #48 , SERIES OF 1990 - Water Agreement Maroon Creek Devel . John Musick, city's water counsel, told Council there are revised agreements executed by the Pfisters and Maroon Creek Development Corporation. The agreement provides for the original payments negotiated at $1,330,000 plus the additional money necessary to install the lines on a pass through basis. Maroon Creek Develop- ment requested a phased payment. Council set standards for the phased payments and MCDC agreed. MCDC provides for a repayment by the city to MCDC if they are unable to pay for the project due to non-approval by the county. Musick told Council the Aspen Buttermilk Associates has said if it becomes necessary to refund or rebate the money to MCDC prior to the time the city is able, they will make an interest free loan to-the city. The city will receive all water rights on the property and all easements. Should MCDC be approved by the county, the city will receive payment of the entire negotiated amount. There has been an additional commitment by the Pfisters to build additional facilities and pay tap fees for that. Musick told Council he has received inquiries from West Buttermilk homeowners about tapping onto the city system. Musick said in the water rights, they will be subject to the lease back of the water to Pfisters for irrigation of their property, which may be interrupted when the city needs it for minimum stream flow purposes, municipal water supply and hydroelectric purposes. Councilman Peters asked if the city will get enough water from the water rights in order to process it and deliver it to homes; will it be a net gain to the 11 Regular Meeting Aspen Citv Council Julv 9, 1990 city. Musick said it is a substantial net gain in terms of raw water supply into the city. Musick told Council all easements have been obtained and all contracts have been extended. Mayor Stirling opened the public hearing. Kevin Patrick, representing Aspen Buttermilk Associates, said his clients feel this is a great opportunity for cooperation between the city and private enterprise. Patrick said the city will be getting their system paid for by private developers and 'will remedy the existing deficiencies, like fire flow protection and line capacity. Mayor Stirling said there are some compromises in this agreement but the agreement is in the best interests of the citizens and of the water system. Councilman Peters agreed the water rights have a value to the city. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #48, Series of 1990, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #49, SERIES OF 1990 - Water Agreement Aspen Buttermilk Mayor Stirling opened the public hearing. John Musick, city's water counsel, told Council agreements and easements have been executed. Musick said there is one revision requiring ABA to commit to purchase a minimum of 3 taps. Mayor Stirling entered into the record a letter from the Horowitzes, 45 West Buttermilk Lane, in favor of receiving city water. Kevin Patrick, representing ABA, told Council the consideration his clients are putting forth include capital contributions, easements, their water rights, prepaid tap fees for 6 ECUs and the contingent loan guarantee. Mayor Stirling closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #49, Series of 1990, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Pendleton, yes Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #50, SERIES OF-1990 - Water Agreement Wexner John Musick, city's water counsel, told Council there is one provision not included in the easement sent to Wexner; however, he has agreed to the provision that 24-10-106 C.R.S. be not waived by this. 12 ' Regular Meeting Aspen City Council July 9, 1990 Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #50, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #51, SERIES OF 1990 - Water Agreement Red Mountain John Musick, city's water counsel, told Council all terms of the agreement have been accepted and adopted by the Board and all individual owners of West Reds area. Musick told Council one of the provisions establishes.an allocation method by which indi- viduals would be charged their tap fees. They are willing to be bound by this but would like an alternative, which is if the city receives all money they would like to have that alternative. Musick said this is an internal method to allocate the cost among the homeowners. Musick said if raw water should become available, the homeowners would like the opportunity to lease that water. Musick recommended this. Musick told Council all easements needed were obtained Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #51, Series of 1990, on second reading; seconded by Mayor Stirling. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #52, SERIES OF 1990 - Water Agreement Pitkin County Housing Authority Twin Ridge John Musick, city's water counsel, told Council the agreement was accepted by the housing authority. Two easements were required; one across the Moore property and one across Aspen Highlands. The city holds an easement which they are currently using across the Highlands property. Musick received a letter from Highlands indicating they are willing to an alternative easement. The Moore easements were obtained, given in a spirit of cooperation. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #52, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Gassman, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. 13 Regular Meeting Aspen City Council July 9, 1990 Bob Gish told Council the city will proceed with the capital water project contracts tomorrow. ORDINANCE #37, SERIES OF 1990 - Housing Guidelines Councilman Peters moved to read Ordinance #37, Series of 1990; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #37 (Series of 1990) AN ORDINANCE ADOPTING THE 1990 AFFORDABLE RESIDENT HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY was read by the city clerk Councilman Gassman moved to adopt Ordinance #37, Series of 1990, on first reading; seconded by Councilman Peters. Councilwoman Pendleton said she has problems with the gross asset limitation at $200,000 and thinks it should be increased. Council- man Tuite suggested an appeal process as seniors have the right to request special review. Councilman Peters said this could be creating a lot of work for staff. Councilman Peters said he would prefer to stay with the housing authority recommendation of $200,000. Jim Adamski, housing director, told Council the purpose of the guidelines is to gear units towards low income rental and moderate income sales. Adamski suggested adopting these guidelines and see if gross asset limitation is a problem. Councilman Peters encouraged staff to research a priority of some kind for families. Councilman Tuite said he wants renters to know what their rights are if they exceed the rental guidelines, how much time they have to move out. Councilman Tuite said he wants to see specifics on this. Council agreed. Adamski said the Board will try to craft some specifics and come back to Council in 60 days. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. 1991 BUDGET GUIDELINES Cindy Wilson, finance director, told Council the goal is to reduce the size of the workbook Council receives for the budget. Staff will try to emphasize service levels rather than numbers. The sales tax projection is that 1990 sales tax will be within 2 percent of the budget, excluding the AT&T windfall, which is a 7.5 increase over 1989. Staff is projecting 1991 to be a 7.1 real 14 Regular Meeting Aspen City council July 9, 1990 increase over 1990. Ms. Wilson the land fund is budgeted at a 5 percent increase from 1990 to 1991. The overall target is to budget expenditures at the level needed to meet existing service levels. Ms. Wilson said it may be necessary in some circumstances to exceed these in order to maintain existing service levels. The philosophy is geared toward service levels rather than toward targets. Ms. Wilson said it is possible the 1991 general fund budget may balance. There are many non-recurring items in the 1990 budget which will not be built into the 1991 budget. Ms. Wilson told Council in past staff has made a commitment to include wellness/fitness and bonuses as part of the budget. Staff would like the flexibility to consider whether than is the most effective use of the city's money. Ms. Wilson said the city's health insurance costs have gone up tremendously and it may be necessary to move money to fund health insurance. Ms. Wilson said the 1991 budget will include an appropriated reserve, to set aside money for emergencies and to define how that money can be used. Ms. Wilson said staff will be coming back to Council on how to fund different capital items, like streets and transportation. Ms. Wilson said it also may be appropriate to look at a change in the funding the operating streets budget. The special mill levy for streets expires in 1991; Council should look -~ at whether this should be extended. Ms. Wilson said this will fit in with looking at what services is the city providing, what services are being paid for by fees, and what are being subsidized. Streets is a major item that is being subsidized by sales tax. Ms. Wilson said staff will develop a plan for repaying the general fund for the housing purchasing out of the housing RETT. Mayor Stirling asked the increase in sales tax year to date in 1990 over 1989. Ms. Wilson said through April for the general fund is 8.3 percent increase; the budgeted increase was 7 percent. Councilman Peters asked how the city is staying within the budget in 1990 compared to 1989 in terms of actually anticipated expendi- tures in the budget. Dallas Everhart, budget director, told Council there have been fewer small requests from staff for additional funds; departments have been looking to their budgets to find funds, if possible. Councilman Gassman moved to approve and adopt guidelines and policies and targets; seconded by Councilman Tuite. All in favor, motion carried. GOLF MAINTENANCE CONTRACT Mayor Stirling said the money is all coming from the golf fund and _ asked if it is appropriate to take some of the money from the - general fund. Bill Efting, Leisure services director, told Council 15 Regular Meeting Aspen City Council July 9. 1990 for a long time the parks department has been giving more than its share to the golf department. There is money in the golf fund and golf will benefit the most from this project. Councilman Gassman moved to award the contract; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #54, SERIES OF 1990 - Appropriations Councilman Gassman moved to read Ordinance #54, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #54 (Series of 1990) AN ORDINANCE RECOGNIZING LAND FUND REVENUES OF $5,000; APPROPRIATING LAND FUND EXPENDITURES OF $10,000; AP- PROPRIATING GOLF COURSE FUND EXPENDITURES OF $87,000 was read by the city clerk Councilman Gassman moved to adopt Ordinance #54, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. BOARD INTERVIEWS Council scheduled Board Interviews for Thursday, July 19 from 4 p.m. to 6:30 p.m. Council adjourned at 9 p.m. ~'_~~ Kathryn Koch, City Clerk 16