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HomeMy WebLinkAboutminutes.council.19930412Regular Meeting Aspen City Council April 12, 1993 Mayor Bennett called the meeting to order at 5:07 p.m. with Councilmembers Richards, Pendleton, Reno and Peters present. PROCLAMATION - Colorado Public Health Week Mayor Bennett and Council proclaimed April 12 to 16 Colorado Public Health Week to increase the awareness of the role of public health and to celebrate the considerable accomplishments of our public health system and urged all citizens to recognize that they play an integral part in protecting the delicate environment and to promote health lifestyles within themselves and their friends. Council presented the proclamation to Tom Dunlop, environmental health department director and to Sarah Oliver, director of the community health services. CITIZEN COMMENTS 1. Robert Aiken, Aspen Peace and Justice Center, asked Council to host and sponsor a fund raising benefit, "Toast to Undo Two". Aiken said the Aspen Peace and Justice Center has been very active in fighting amendment 2. The majority of the money raised is used for legal efforts and research. This fund raising benefit will be held in conjunction with the wine classic. Aiken requested $5,000 from Council. Council placed this on the April 26th agenda. 2. Pamela Cunningham, general manager Aspen Alps, reminded Council the 400 building of the Aspen Alps was destroyed in a fire. Ms. Cunningham requested a procedure where the property owners may apply to rebuild their fireplaces. Under existing city ordinances fireplaces may only be replaced with gas appliances. Lee Cassin, environmental health department, told Council the Clean Air Board has considered this; however, there is no provision in the law for hardship variances. Councilman Peters said he would like the environmental health department to pursue this. Council man Peters said he wants to enforce clean air but does not want to rely on acts of God to do it. Councilwoman Richards said she does not favor allowing these owners to restore their fireplaces. Council- man Reno abstained as he is working on the project. The majority of Council agreed staff should pursue this and report back to Council. Sy Coleman told Council the Clean Air Board is meeting this week and they will forward comments to Council. 3. Jim Curtis, housing authority board, presented Council with official certificates of good news. The housing office working with the city finance department closed out the 1992 budget. Curtis said in all cases the funds have performed better than budget. The Marolt and Truscott funds operated in the black rather than the projected deficit. Curtis told Council the city staff has 1 Regular Meeting Aspen City Council April 12, 1993 been wonderful to work with. 4. Anne Murchison, Fifth Avenue Condominium owner, told Counc il people are angry about having to pay for parking permits to park in front of their own houses. Murchison suggested that the city food tax rebate be raised $5 for head of household only. This would cover the cost for the parking permit. If people had 2 or more cars they would have to pay the $5 for parking permits for those. Council said they liked the idea and will take it to the transpor- tation implementa tion committee. COUNCILMEMBERS COMMENTS 1. May or Bennett said in the interest of moving things along in the transportation plan, Council will meet with the transportation implementation committee Wednesday at 1:30 after the committee's regular meeting. This meeting will be to discuss the next steps in the process. 2. Councilman Peters moved not to table Ordinances #15 and 16, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. 3. Councilman Peters requested the assignment of the Zoline lease be moved to an action item. Council scheduled this as IX (h). 4. Cindy Wilson, assistant city manager, requested Council table the Wheeler Opera House janitorial contract as well as Request for Funds - Street Improvements North Mill. Councilwoman Pendleton moved to table VI(b) and IX(f); seconded by Councilman Peters. Ms. Wilson explained when the streets department looked at repairing Puppy Smith street, they discovered it is based on 2 to 4 feet of coal and they need more time to look into the cost of repairs. Councilwoman Pendleton noted Cemetery Lane is not on the list for repairs until 1997. Councilman Reno said Cemetery Lane should wait until after the undergrounding project is done. Mayor Bennett suggested this might be a future agenda item. 5. Dallas Everhart, finance d epartment, told Council Moody's gave the city an A rating for the refinancing issues. Everhart pointed out Aspen is one of only 3 resorts in Colorado that received an A rating. Moody's was concerned about the recent adoption of Amendment 1. Everhart said a lower bond rating results in higher interest. Moody's felt that Aspen was well prepared for amendment 1. CONSENT CALENDAR Councilwoman Pendleton moved to approve the consent calendar as 2 Regular Meeting Aspen City Council April 12, 1993 amended; seconded by Councilman Peters. The consent calendar is: A . Minutes - March 8, 1993 B . Resolution #21, 1993 - Rescinding Water Line Moratorium C . Resolution #20, 1993 - Arapahoe Pumping Sy stem Agreement for Pump House Upgrades All in favor, motion carried. LIQUOR LICENSE AUTHORITY - Transfer of Location Of Grape & Grain Bennett opened the public hearing. Gary Plumley told the Author ity he proposes to move his retail store from 409 E. Cooper to the new Katie Reed building at 309 E. Hopkins. Plumley said his lease is up and the rent is up. Plumley told Council people in the neighborhood seem pleased he is moving his store there. There were no opponents. Bennett closed the public hearing. Peters moved that based on the evidence presented at this hearing, that the applicant of Plumley Corporation for transfer of location of a retail liquor license to 309 E. Hopkins be granted; seconded by Richards. All in favor, motion carried. ORDINANCE #13, SERIES OF 1993 - Code Amendments; Lot Line Adjust- ment & GMQS Exemption Francis Krizmanich, zoning department, told Council one code amend- ments would allow the planning director to approve lot line adjustments. Currently these are approved by Council. Krizmanich said this change would allow more agenda time for Council. These are easy to do administratively. The only other change to the provisions is that currently contiguous lots can only apply for adjustment if they have separate owners. Staff suggests this be deleted so that contiguous lots can have the same owners. The second amendment would allow up to 500 square feet of GMQS exemption be approved by the planning director. This is currently approved by the planning commission. Krizmanich reminded Council at the March 8 meeting they expressed concerns about GMQS exemp- tions and the Aspen Area Community Plan. Krizmanich told Council implementation of suggestions within the AACP are at least one year away. This is a good opportunity to give this work load to staff. Krizmanich reminded Council they were also concerned that an exemption of 500 square feet may be too much. Krizmanich suggested this be amended to 250 square feet. Mayor Bennett opened the public hearing. Sy Coleman asked if this were a way around the Charter amendment 3 Regular Meeting Aspen City Council April 12, 1993 that was defeated in August 1992. Jed Caswall, city attorney, said the Charter amendment addressed actions by Council that place burdens on property must be done by ordinance. Caswall said a lot line adjustment does not place a burden on property. Diane Moore, planning director, said lot line adjustments do not increase development right. There is a public notice provision for adjacent property owners to come in and object. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #13, Series of 1993, with the GMQS exemption no more than 250 square feet; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Reno, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #11, SERIES OF 1993 - Vacation of North Street Right-of- Way Chuck Roth, city engineer, pointed out the application has been amended; the Eighth street right-of-way has been deleted and the request is to vacate only North street. Council requested some conditions in the ordinance to preserve the current nature of the undeveloped right-of-way, which the applicant offered. Roth noted that fences will be allowed. Mayor Bennett reopened the public hearing. Chic Collins reminded Council he sent a letter which was entered into the record at the last Council meeting. One concern is the safety of this alignment and the double S curve. Collins suggested the city look at a direct access. Collins explained some of the history of the properties abutting this vacation. Collins said there is no parking area for people who would like to go down to the city's recently-purchased conservation area. Mac Cunningham pointed out Council went through a two-year approval process for the Aspen Meadows, located the road where it is and created 4 lots across the street from this requested vacation. Cunningham said he doubts Council would want to entirely re-work this. Ramona Markalunas said she feels strongly the city should not give away property that it owns. The city has paid over $2 million for conservation land in this area Ms. Markalunas read a letter into the record objecting to this vacation. Vacation of these streets may preclude a better traffic plan to serve the Aspen Meadows. Ms. Markalunas said the traffic circulation plan needs some profession- al attention. Ms. Markalunas said the city should adopt a policy 4 Regular Meeting Aspen City Council April 12, 1993 not to give away city property. John Norton, one of the applicants, said he does not feel that North street will benefit anyone except the adjacent property owners. Norton said the property owners have agreed to maintain the landscaping. Jed Caswall, city attorney, reminded Council state law says the land is divided equally among the property owners that abut the right-of-way. The municipality owns the land in trust for public transportation. If it is not going to be used for transportation, it should be vacated and the property goes back to the adjacent property owners. Caswall said there are covenants regarding this land which will be filed and will be in effect forever. Mayor Bennett closed the public hearing. Councilman Peters said he would like to see this reserved as a back entrance to the Aspen Meadows. Councilman Peters said for the public interest the best is to maintain an adequate, pleasing approach to the Meadows. Cunningham said he would be willing to lower the fences to 4 feet to keep this area more open and make it look nice. Councilwoman Richards said she would like staff to look at the suggestion of more stop signs on Seventh street as part of the traffic analysis. Councilwoman Richards pointed out the AACP calls for more alley use and enlivening the alley. Councilman Reno said he does not want to open up the Meadows plan. There are four lots on the north side of the new street that need to have access. Councilman Reno said he supports the lower fence requirement. Mayor Bennett said he supports the vacation and does not want to reopen the Meadows access issue that was settled two years ago. Mayor Bennett said he would not support opening Eighth street in the future for automobile traffic. Councilwoman Pendleton agreed no more pavement is needed in this area. The area looks good. This is not hampering any of the trails system. Councilwoman Pendleton moved to adopt Ordinance #11, Series of 1993, on second reading as amended vacating North street only and adding to the covenants by the homeowners to restrict any fences or walls to 4 feet in height and the covenants be changed so that the grant of easement is perpetual; seconded by Councilwoman Richards. Councilman Peters asked about adding a condition to not cut any trees in the right-of-way. Cunningham said there is no intent to cut any trees down. Councilwoman Richards said this should be left with the city's tree ordinance which requires a permit for any tree over 6 inches in diameter. 5 Regular Meeting Aspen City Council April 12, 1993 Roll call vote; Councilmembers Peters, no; Richards, yes; Pendle- ton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning Leslie Lamont, planning office, told Council Peter Mocklin signed the agreement to pay the outstanding tap fees; therefore staff has determined the applicant has complied with the first condition of approval. The rezoning can proceed. Ms. Lamont said she would like to add to Section 1 that the applicant shall provide a survey of the area to be rezoned, said survey to be reviewed by the planning department. Ms. Lamont reminded Council Mocklin requested rezoning of 27,000 square feet from R-15A to RMF. R-15A is moderate density residen- tial and allows single family and duplex homes; RMF is multi-family zone which also allows single family and duplexes. The 27,000 square feet surrounds the existing eight-plex. Staff and P & Z recommend approval of the rezoning request in order for the non- conforming status of the existing building be eliminated. This rezoning is compatible with surrounding zone districts and with surrounding uses. Sunny Vann, representing the applicant, told Council when this property was annexed it was rezoned to R-15A in connection with Hunter Creek and Centennial. Staff initially recommended RMF/A zoning for the entire property. This was changed to R-15A because of the large amount of vacant land on the Mocklin parcel. Staff felt RMF/A was appropriate with a plan for the entire property. Vann pointed out all existing structures within the annexation area were rezoned to RMF/A except the Mocklin parcel. Vann said the existing building is a legal but non-conforming use; it is not permitted by right in the R-15 zone. Vann said the non- conforming use status poses hardship on the applicant. Vann pointed out when the application was filed the Aspen Area Community Plan had not been adopted. Vann reminded Council the original application was for rezoning of the entire parcel. The rezoning request was consistent with the master plan in effect at the time the application was filed. Council stated a concern about what will happen with the rest of the property. The AACP indicates this property is appropriate for open space or affordable housing. Subsequently, the applicant came back trying to address the problem of the non-conformity of the existing structure. Vann told Council Mocklin has no plans for the rest of the property. The application is currently to rezone only that portion of the property on which the existing structure is located. There would be no greater development rights than those 6 Regular Meeting Aspen City Council April 12, 1993 extant. Vann said this is not a request for subdivision. Vann said 27,000 square feet was selected as the smallest area to rezone which would make this a conforming use and a conforming structure in the RMF zone district. Vann said the only difference between RMF and RMF/A is floor area ratio. At the time of the Hunter Creek annexation, there was no RMF/A zone. The allowable FAR in RMF is 1:1. RMF/A was created to preclude any further expansion of the larger multi-family projects in the Hunter Creek Centennial annexation. Vann noted RMF and RMF/A are identical in all other respects. Vann told Council RMF/A would accomplish the applicant's objectives. Vann said with this rezoning to RMF there is some limited expansion capability to the existing building. No more units could be added without competing under GMP. Additional floor area can be added as long as it does not encroach on the required parking and open space. Vann said the building can be torn down. If it is torn down, the building would be subject to the requirements of Ordinance #1 and a portion will have to be replaced with affordable housing. Vann noted the remainder of the property will enjoy no increase in development rights. Approximately 8 single family lots could be developed in the R-15 zone district. This would require competi- tion in growth management. Vann explained that the applicant chose to rezone only a portion of the property as there are no plans for the development of the rest of the property. Vann pointed out this leaves the majority of the property for open space at its existing zoning. Ms. Lamont told Council the Open Space Board has talked to Mocklin about purchasing the property. They are not interested in the existing structure. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters said this is an upzoning and is contrary to the Aspen Area Community Plan. This rezoning would not protect the de facto affordable housing. Vann said there is a density calculation which tells the number of units that can be built on a parcel. There is also FAR which tells the total square footage the units can occupy. Numbers calculated by the planning office indicate Mocklin could add 3 additional units if they could be added to the parcel without violating the open space and parking requirements. Vann said the existing building is about 13,000 square feet. If the FAR is 1:1 with a 27,000 square foot parcel, 14,000 square feet could be added for these 3 units. Vann pointed out the way the parcel is sized limits the expansion as one must provide parking and open space. 7 Regular Meeting Aspen City Council April 12, 1993 Vann reminded Council if the building were demolished, 50 percent of the existing square footage and 50 percent of the bedrooms would have to be replaced with affordable housing. Ms. Lamont said the entire parcel can be subdivided into single family lots. The existing building could be turned into affordable housing to meet the housing requirements. Councilman Peters said this upzoning is creating more FAR, more units and is not serving any of the Aspen area community goals. Affordable housing is not being preserved, open space is not being created. Ms. Lamont pointed out any new units would have to go through growth management. This land does have a structure on it and would come under ordinance 1. Ms. Lamont said if the 27,000 square feet is rezoned to RMF, the allowable ratio is 1:1. However, one has to provide 3200 square feet of land area for each unit that is developed. Ms. Lamont said 4 three-bedroom and 2 two- bedroom units could be built in addition to what is there now. The property is zoned R-15A and a person can do single family or duplexes right now by going through subdivision. Councilman Peters said his goal is to be consistent with the recently adopted Aspen Area Community Plan. Ms. Lamont said rezoning to RMF/A would not allow additional floor area on the property. RMF allows more floor area on the property. Council indicated they would be willing to rezone this to RMF/A. Caswall said this should be tabled so staff can check the publication. Councilman Peters moved to table Ordinance #72, Series of 1993, to April 26; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #14, SERIES OF 1993 - 1993 Housing Guidelines Tom Baker, housing director, reminded Council this is an annual review of housing guidelines which are used to implement the housing office programs. Baker pointed out on page 2, the housing board put in a policy statement to give continuity on an annual basis. The first preference in a development is on-site housing, off-site housing is the second preference and cash or land-in-lieu is the third preference. The first level priority is family sales unit, entry-level sales units, and rental units in categories 1 and 2. All other unit types are second level preference. Baker told Council the housing board is working on creating a resident occupied concept. This is going to handled separately from the guidelines. Councilwoman Richards said she would like resident occupied units to be self-enforcing. Councilwoman Richards said a lease for a resident occupied unit should be longer than 6 or 12 months. Baker noted the non-profit groups requested 8 Regular Meeting Aspen City Council April 12, 1993 to be able to rent units over the summer season, which is a lease period of less than 6 months. The guidelines have been changed to provide a mechanism to do this. Baker pointed out the payment-in-lieu schedule is put back into these guidelines, rather than in the land use code. A recommenda- tion from the AACP is to amend the payment-in-lieu scheduled to reflect the actual costs of construction. Appendix D shows the methodology used for the payment-in-lieu schedule. This has increased and is based on actual numbers. Councilwoman Richards agreed it is time to bring payment-in-lieu up to what it costs to produce housing. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #14, Series of 1993, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #15, SERIES OF 1993 - Refinancing Truscott Bonds Dallas Everhart, finance director, reminded Council staff explored refinancing options for bonds for the housing projects at Truscott and Marolt. Everhart told Council staff projected savings on both Marolt and Truscott of $418,000. The interest rates changed since first reading and the savings will be $471,000 on both issues. Everhart pointed out the debt payment on the Truscott bonds will be evened out. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #15, Series of 1993, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #16, SERIES OF 1993 - Refinancing Marolt Bonds Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #16, Series of 1993, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. 9 Regular Meeting Aspen City Council April 12, 1993 Councilwoman Richards thanked Councilman Peters for putting the housing/day care tax to a vote and having the foresight to have a funding source for housing. ORDINANCE #20, SERIES OF 1993 - Ute Trail Townhomes Extension of Vested Rights Mayor Bennett stepped down due to conflict of interest as he is a director of the sister cities housing corporation. Councilman Peters said he is the alternate to the sister cities housing corporation and also stepped down. Councilwoman Richards moved to read Ordinance #20, Series of 1993, seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #20 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TWO YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE 26, SERIES OF 1990, FOR THE DEVELOPMENT PLAN APPROVED FOR THE UTE TRAIL TOWNHOMES, 1280 UTE AVENUE, ASPEN, COLORA DO, was read by the city clerk Leslie Lamont, planning office, reminded Council this development approval is for 3 free market townhomes and 7 affordable units. The vested rights approval expires May 14, 1993. The applicants wish to extend these vested rights by 2 years. Ms. Lamont said staff is concerned with the dilapidated and dangerous condition of 3 units that are still inhabited. Ms. Lamont suggested tabling this ordinance until the applicants can give Council a schedule of improvements consistent with action on the Valley Hi request for extension of vested rights. Dave Myler, housing board, told Council the property is under contract to a developer who intends to proceed with the approved plans. Myler said there are code violations that need to be addressed; however, since this is a publicly-supported project, the board does not want to spend money correcting deficiencies only to tear the building down. Myler said there are some things that can be done inexpensively. Myler requested Council approve this on first reading with a deadline of May 1 to do the minimum work needed, like smoke detectors and clearing out emergency exists and give them until June 15 to satisfy all concerns or to have the premises vacated. Councilwoman Richards moved to adopt Ordinance #20, Series of 1993, on first reading contingent upon emergency repairs mentioned in the building department memo to be completed by May 1st and a schedule 10 Regular Meeting Aspen City Council April 12, 1993 from the applicant to be presented at second hearing regarding any additional repairs that are necessary to be completed or a schedule for vacating the premises; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes. Motion carried. ORDINANCE #18, SERIES OF 1993 - East Cooper AH Final Councilwoman Pendleton moved to read Ordinance #18, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #18 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO AH (PUD) AFFORDABLE HOUSING, SUBDIVISION, FINAL PUD, GROWTH MANAGEMENT EXEMPTION FOR FREE MARKET HOUSING IN AN (AH) AFFORDABLE HOUSING ZONE DISTRICT AND FOR DEED RESTRICTED HOUSING, CONDOMINIUMIZATION, AND VESTED RIGHTS FOR THE EAST COOPER SUBDIVISION, AN 8 LOT SUBDIVISION ON A 2.35 ACRE METES AND BOUNDS PARCEL SITUATED IN THE RIVERSIDE ADDITIONAL, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Kim Johnson, planning office, reminded Council they granted conceptual approval to this project in October 1992. The project has been reduced by 4 units since conceptual approval. P & Z recommends approval of this project. Councilman Peters moved to adopt Ordinance #18, Series of 1993, on first reading; seconded by Councilman Reno. Councilman Reno asked about the density of the project. The free market portion has been reduced from 7 units to 6 and the deed restricted to 12 with a resident occupied unit. Councilman Reno said this seems like the same amount of density. Councilwoman Richards asked if the applicants have met with the neighbors on this new design. Bob Stevens, representing the applicant, said they met with the neighbors and they will be present at second reading. Councilwoman Richards said by second reading she would like to know how this will be enforced, if it will be self- enforcing. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. Councilwoman Pendleton moved to suspend the rules and extend the meeting to 9:15 p.m.; seconded by Councilman Peters. All in favor, motion carried. 11 Regular Meeting Aspen City Council April 12, 1993 ORDINANCE #9, SERIES OF 1993 - Definition of Open Space Councilwoman Pendleton moved to read Ordinance #9, Series of 1993, seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #9 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING MUNICIPAL CODE SECTIONS 24-3-101 DEFINITION OF "OPEN SPACE" AND 24-8- 104A.1.A.(A) "GROWTH MANAGEMENT EXEMPTION BY THE PLANNING DIRECTOR" TO ALLOW TRELLIS STRUCTURES IN REQUIRED OPEN SPACE was read by the city clerk Kim Johnson, planning office, reminded Council they have already discussed this code amendment. This refers to a trellis and allows them only in a commercial restaurant use on a parcel with historic designation or that is in a historic overlay zone. This allows the planning staff to review and sign off on these requests. Councilwoman Richards moved to adopt Ordinance #9, Series of 1993, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #19, SERIES OF 1993 - Vacation Portion of Walnut Street Councilwoman Pendleton moved to read Ordinance #19, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDIN ANCE #19 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VACATING PORTIONS OF THE WALNUT AVENUE RIGHT- OF-WAY CONTAINING 1,050 SQUARE FEET ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Chuck Roth, city engineer, told Council this is being submitted in conjunction with the Smuggler sidewalk. This is a small 30 by 35 feet, 1,050 square feet, and involves a number of parcel exchang es. The property owner who has the right-of-way needed by the city for the Smuggler sidewalk will gain about 1,275 square feet. With the vacation exclusion for FAR, he will gain 275 square feet FAR. 12 Regular Meeting Aspen City Council April 12, 1993 Councilman Peters moved to adopt Ordinance #19, Series of 1993, on first reading; seconded by Councilman Reno. Councilman Peters asked when the work on the Smuggler sidewalk will begin. Roth said the contract will be ready for the next Council meeting. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried. FINANCIAL POLICIES Dallas Everhart, finance director, reminded Council they agreed to review and approve the financial policies annually. Everhart said the most significant change to these policies are as a result of amendment #1. A recommended change is to allow staff to move budget between departments by use of a resolution. Staff will not be allowed to increase the budget. This will allow staff to find their own savings. Everhart told Council staff continues to review opera tions in order to find more efficient or reasonable ways to do these. Everhart said he wrote the financial policies that the city will not invest funds in improvement districts up front unless the district has shown they have approval of more than half of the proposed district. Councilman Peters said it is not his intent to cut off that service from proposed improvement districts. Everhart pointed out when Council approves the budget resolution, it is done by fund. In the past when staff makes a transfer between departments or increases one department's budget, this has been done through an appropriation ordinance. This financial policy would allow staff to identify savings in one department and increase the budget in another department. This is easier than doing transfers by ordinance. Council will still see the transfer in a resolution. Everhart said this will make the budget more accurate. This is at the discretion of the city manager. Councilman Peters agreed with streamlining transfers. Councilwoman Pendleton said she likes the idea of simplifying this. Mayor Bennett said Council is the financial heart of the city and needs oversight on the budget. Everhart recommended these resolutions be placed on Council's consent agenda for one year. If the resolutions are constantly taken off the consent calendar, the financial policy should be changed for 1995. Councilman Peters moved to suspend the rules and extend the meeting to 9:35; seconded by Councilwoman Richards. All in favor, with the 13 Regular Meeting Aspen City Council April 12, 1993 exception of Mayor Bennett. Motion carried. Mayor Bennett left the meeting. Councilman Peters moved to adopt the 1994 financial policies as written by the finance department and request that further study be taken on issues raised; seconded by Councilman Reno. All in favor, with the exception of Councilwoman Richards. Motion carried. 14 Regular Meeting Aspen City Council April 12, 1993 ORDINANCE #17, SERIES OF 1993 - Optional Premises Liquor License Councilman Reno moved to read Ordinance #17, Series of 1993; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #17 (Series of 1993) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATING TO THE CITY LIQUOR CODE BY ADOPTING STANDARDS FOR THE ISSUANCE OF OPTIONAL PREMISES LICENSES AND FOR OPTIONAL PREMISES FOR A HOTEL AND RESTAURANT LICENSE was read by the city clerk Kathryn Koch, city clerk, explained state legislation allows sports and recreational facilities to be licensed; however, the local licensing authority must adopt standards for the issuance of these types of licenses. This legislation would allow places like the golf course or skating rink to be licensed. Councilwoman Richards said she feels this legislation is sending a mixed message. Councilwoman Pendleton pointed out Aspen is trying to promote healthy communities and being able to buy beer and wine on the golf course is not an example of a healthy community. Councilwoman Richards said there should be some criteria for not serving minors, checking identification, not over-serving. Councilman Peters moved to adopt Ordinance #17, Series of 1993, on first reading; seconded by Councilman Reno. Councilman Reno pointed out liquor is already being served on the golf course right now. Councilwoman Richards said this ordinance does not contain enough criteria. Roll call vote; Councilmembers Reno, yes; Pendleton, no; Richards, no; Mayor Pro Tem Peters, yes. Motion NOT carried. RESOLUTION #14, SERIES OF 1993 - Assignment of MCDC Lease (Zoline Property) Mayor Pro Tem Peters said he is concerned that provision #31, right of first refusal, might be triggered by a transfer or sale by the city to a non-profit land trust or open space board. Mayor Pro Tem Peters read suggested language, "Notwithstanding the above and foregoing, the right of first refusal as provided herein shall not be triggered or come into effect should the city wish to transfer, convey or sell the premises to a non-profit organization, land 15 Regular Meeting Aspen City Council April 12, 1993 trust or similar entity". Andy Hecht, representing the applicant, said this is acceptable language. Mayor Pro Tem Peters moved to approve Resolution #14, Series of 1993, incorporating the assignment of lease from MCDC to Pearce Equities and the new amended lease; seconded by Councilwoman Pendleton. Councilwoman Richards said if the golf course closes after some years of operation, are there provisions if this ceases to be a golf course. Jed Caswall, city attorney, said the lease provides the property is leased for the sole purpose of the operation of a golf course. One could argue the lease was in breech if not operated as a golf course. Hecht pointed out paragraph 27 defines the operation and termination. Mayor Pro Tem Peters said this may be a substantive issue and recommended Council address this at a continued meeting later this week. Council agreed. Mayor Pro Tem Peters withdrew his motion. Councilman Reno moved to continue the meeting to Wednesday, April 14 at 1:30 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. Council left Chambers at 9:45 p.m. Kathryn S. Koch, City Clerk 16 Regular Meeting Aspen City Council April 12, 1993 PROCLAMATION - Colorado Public Health Week 1 ..................... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBERS COMMENTS 2 ................................ ........ CONSENT CALENDAR 2 ................................ ............... LIQUOR LICENSE AUTHORITY - Transfer of Location Of Grape & Grain 3 ................................ ..................... ORDINANCE #13, SERIES OF 1993 - Code Amendments; Lot Line Adjust ment & GMQS Exemption 3 ............................... ORDINANCE #11, SERIES OF 1993 - Vacation of North Street Right-of-Way 4 ................................ .............. ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning 5 ............... ORDINANCE #14, SERIES OF 1993 - 1993 Housing Guidelines 8 ........ ORDINANCE #15, SERIES OF 1993 - Refinancing Truscott Bonds 9 ..... ORDINANCE #16, SERIES OF 1993 - Refinancing Marolt Bonds 9 ....... ORDINANCE #20, SERIES OF 1993 - Ute Trail Townhomes Extension of Vested Rights 9 ................................ .......... ORDINANCE #18, SERIES OF 1993 - East Cooper AH Final 10 ........... ORDINANCE #9, SERIES OF 1993 - Definition of Open Space 11 ........ ORDINANCE #19, SERIES OF 1993 - Vacation Portion of Walnut Street 12 ................................ .................... FINANCIAL POLICIES 13 ................................ ............. ORDINANCE #17, SERIES OF 1993 - Optional Premises Liquor License 14 ................................ ................... RESOLUTION #14, SERIES OF 1993 - Assignment of MCDC Lease (Zoline Property) 14 ................................ ......... 17 Continued Meeting Aspen City Council April 14, 1993 Mayor Bennett called the continued meeting to order at 2:00 p.m. with Councilmembers Peters, Pendleton, Richards and Reno present. RESOLUTION #14, SERIES OF 1993 - Assignment of Zoline Lease Councilman Peters reminded Council this was tabled at Monday's meeting to work out two clauses. One regarding the right to lease to non-profit organizations without triggering the right of first refusal. The other was how to deal with if the golf course was built and not kept open for play. 1