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HomeMy WebLinkAboutminutes.council.19930614Regular Meeting Aspen City Council June 14, 1993 Mayor Bennett called the meeting to order at 5:08 p.m. with Councilmembers Peters, Reno, Pendleton and Richards present. PROCLAMATION - Mike Garrish Mayor Bennett and Council issued a proclamation to former Council member and Mayor of Aspen Mike Garrish on his moving away from the community. CITIZEN PARTICIPATION 1. Michael McHugh, president of the Colorado Restaurant Associa- tion, said no one every thought the language regarding charbroilers in the clean air ordinance would apply to special events. McHugh said the step of enforcement against the food and wine classic over charbroilers was an embarrassment to Aspen. McHugh said he hopes this is resolved quickly. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton thanked everybody in city hall for making her 3-1/2 years on Council easier than it could have been. 2. Councilman Peters moved to add a reque st for executive session to discuss property acquisition to the new Council's agenda; seconded by Councilman Reno. All in favor, motion carried. 3. Amy Margerum, city manager, noted her manager's comments reference a request for a special meeting to discuss the water agreement for the Maroon Creek ranch. This will be scheduled on the next regular Council meeting. 4. Amy Margerum, city manager, said the planning office is going to set up orientation for the new Council on the land use code. Any Councilmember is welcome. 5. Amy Margerum, city manager, said the County Commissioners would like to meet informally with the Council and suggested a date after the June 21st work session. Council agreed. 6. Amy Margerum, city manager, told Council the monthly breakfast meeting with the electric department staff is scheduled Wednesday June 16th at 8 a.m. There is also a sister city breakfast meeting that day at 7:30 a.m. at the Little Nell. Council requested the staff breakfast meeting be rescheduled. 7. Amy Margerum, city manager, told Council there have been inquiries about the street repaving program. Staff is rearranging the 5 year plan and will take it to the Blue Ribbon Committee. 1 Regular Meeting Aspen City Council June 14, 1993 This will then be brought back to Council. 8. Amy Margerum, city manage r, requested a work session with the consultant on the superblock. This was scheduled for July 19 at 4:30 p.m. 9. Amy Margerum, city manager, reminded Council the finance department has received the distinguished budget award for several years. This year Aspen received the extra special notable award for a budget that also serves as a policy document. Councilman Peters moved to table Resolution #38, 1993, Aspen River Friends contract and Ordinance #23, 1993, Gordon/Callahan subdivi- sion and the Pfister Water Agreement to June 28; seconded by Councilman Reno. All in favor, motion carried. CONSENT CALENDAR Councilman Peters moved to adopt the consent calendar as amended; seconded by Councilman Reno. All in favor, motion carried. The consent calendar is: A . Minutes - April 26, May 10, 1993 B . Ice Garden Renovation C . Chief Building Official Position Settlement D . Resolution #40, 1993 - Consolidating Bond Paying Agent E . Resolution #41, 1993 - Contract - Architect Red Brick School F . Resolution #39, 1993 - License Agreement; Golf Course CITIZEN PARTICIPATION 2. Buzz Dopkin, president of PAWS, said he is dismayed PAWS never got the additional funding sorted out. Dopkin implored Council to consider putting this back in the budget. NEW LIQUOR LICENSE - Renaissance Chairman Bennett opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. Charles Dale, Renaissance, told Council he has had a beer and wine license for several years and is requesting to upgrade to a 3-way liquor license. Dale told Council the operation will remain the same. There will be extension upstairs to a waiting bar area. Bennett asked for opponents. There were none. Peters moved that based on the evidence presented at this public hearing, the liquor license authority finds that the needs of the 2 Regular Meeting Aspen City Council June 14, 1993 neighborhood have not been met and the license is granted; seconded by Peters. All in favor, motion carried. NEW ARTS LIQUOR LICENSE - Music Associates of Aspen Chairman Bennett opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. Robert Harth, representing the applicant, requested an arts license for the purpose of selling champagne at the Harris concert hall. Harth told Council the M.A.A. has been in the community for 45 years and puts on over 200 concerts in a 9 week period. Jed Caswall, city attorney, suggested the license be granted contingent upon the completion of the facility. Councilwoman Richards reminded Harth all the paid staff should take the alcohol awareness training. Harth agreed and said holding the license until they receive the certificate of occupancy is fine. Bennett asked for opponents. There were none. Peters moved that based on the evidence presented at this public hearing regarding an application by the Music Associates of Aspen for an arts license, the liquor license authority finds that the needs of the community have not been met and the license is hereby granted; seconded by Councilwoman. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Paragon Richards said she has qualms about approving a liquor license transfer from someone with such outstanding debt in the community. John Worcester, assistant city attorney, told Council this business by default would go back to Ted Koutsoubos. Joe Edwards, repre sent in g the applicant, read from the lease agreement with the previous owner, which states the business would go back to Koutsoubos. On February 25th, Koutsoubos received a letter from Sun Tatou telling him they would surrender the premises and lease in April. Koutsoubos is one of many creditors of Sun Tatou. Peters moved to approve the transfer of the liquor license from Tatou to Paragon Enterprises; seconded by Richards. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Aspen Club City Clerk Kathryn Koch explained that Reinhold Aspen Inc. owns the Aspen Club Lodge. They are requesting a transfer from ZG to Reinhold Aspen Inc. The management has taken the alcohol awareness training and will have their staff take it also. 3 Regular Meeting Aspen City Council June 14, 1993 Peters moved to approve the transfer to Reinhold Aspen Inc.; seconded by Pendleton. All in favor, motion carried. OPTIONAL PREMISES - Tenth Hole Bar & Grill Peters moved to table this to June 28 when the applicants will be present; seconded by Pendleton. All in favor, motion carried. ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning Leslie Lamont, planning office, reminded Council the applicant proposes to rezone 1.1 acre of his 3.5 acre parcel. The parcel is currently zoned R-15A. Mocklin wants the 50,000 square feet rezoned to RMF/A. There is an existing 8 unit building on the property. A multi-family structure is a non-conforming use in the R-15A zone. Council was reluctant to rezone to RMF as it would allow Mocklin to add about 9,000 square feet of floor area. Additional dwelling units would not have been allowed. Mocklin changed his request to RMF/A for 50,000 square feet. This amount of land is needed to match the existing structure and would not allow any additional floor area on the existing building. Ms. Lamont noted one condition of approval is that the applicant will do a survey and have it filed within 180 days. This will be the accurate description of the rezoned parcel. Sunny Vann, representing the applicant, said RMF/A was the zoning applied to the surrounding parcels at the time of annexation into the city. The purpose for this request was to remove the non- conformity of this property. The Mocklin property was the only property in the annexation area that was not zoned to use. The application was amended to that area immediately surrounding the existing structure. Vann said RMF/A has a lower FAR, which requires a larger area to be rezoned in order to remove the non- conformity. The parcel to be rezoned is based on the building's existing size and the ability to expand the structure has been eliminated. Vann said this is a zoning to use. Mayor Bennett opened the public hearing. Terry Paulson asked if there is a possibility this land would be kept as open space. Ms. Lamont said this rezoning does not preclude the purchase of this property as open space in the future. The Open Space board has indicated they are not interested in purchasing the existing multi-family structure but only in the open space. Mayor Bennett closed the public hearing. 4 Regular Meeting Aspen City Council June 14, 1993 Councilwoman Pendleton asked how much the existing structure can be expanded. Vann said as part of this rezoning they will stipulate to a percentage or specific number. Councilwoman Pendleton said she would be willing to put a cap of 1,000 square feet or less on expansion. Councilman Peters said he has a hard time finding substance with this issue when it is held up against the Aspen Area Community Plan and it's goals. Councilman Peters said this is either an upzoning in terms of density or in terms of units. This should be reviewed in the context of the AACP and whether it serves the purposes of the AACP or not. Councilman Peters said he does not feel this application serves the AACP nor are there conditions that warrant a rezoning. Mayor Bennett asked staff if this is an upzoning or not. Ms. Lamont told Council if this building were demolished, the applicant must replace on site 50 percent of what was demolished and 50 percent of the number of bedrooms. There is an 8 unit structure on the property. This structure falls under the housing replacement, Ordinance #1. The applicant could demolish the building and replace them with eight 15,000 square foot parcels with up to 4500 square feet of building on each parcel without going through GMP. Because of Ordinance #1, the applicant would have to mitigate 9,000 square feet and 7.5 would bedrooms be replaced on site. To get any free market units on the remainder of the property, the applicant would have to go through GMP and subdivision. Vann said their commitment was to size the parcel being annexed so that the existing structure could not be torn down and replaced with large, new units. Ms. Lamont said this is a potential upzoning as under RMF/A, there would be enough land to add units but these could only be added within the existing structure. Ms. Lamont pointed out the growth rate identified in the AACP is 7 residential units in the metro area. Whether a project is exempt from GMQS or not, it still comes out of the allowable quota. Councilwoman Richards moved to adopt Ordinance #72, Series of 1992, on second reading restricting the FAR that can be increased by 5 percent or 9,000, whichever is less; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Peters, no; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #28, SERIES OF 1993 - OBlock Subdivision Leslie Lamont, planning office, told Council this is an amendment to a previously approved subdivision. The applicants are also seeking vested rights. This is for 10 free market units and 4 accessory dwelling units. The primary amendment is to replace the underground parking garage with on-site at-grade parking. The 5 Regular Meeting Aspen City Council June 14, 1993 applicant will be required to provide 6 month minimum leases on the free market unit. There is no housing impact fee required because 9 of the free market units were created through Smuggler transfer development rights. Ted Guy, representing the applicant, presented a plan showing layout of the project. The garages will be reached through the alleys on a snowmelt driveway. Guy told Council the parks department is concerned about moving the large trees on-site. Guy said the applicant will work with the parks department and will meet all their conditions. Ms. Lamont pointed out the city will have money in escrow to cover new landscaping if the trees do not survive. Councilwoman Richards disagreed that the change in the parking is a significant alteration to the site plan. This is a backhanded way to extend the vested rights. Councilwoman Richards said she would rather see this further the goals of the Aspen Area Community Plan. This change will allow the visibility of cars on site rather than an underground garage. Ms. Lamont told Council staff had determined this was a substantial amendment; the applicant proposed an insignificant amendment. By coming through the process with a new site plan, the applicants can vest. Ms. Lamont pointed out there is not a lot of site design criteria in the subdivision section of the code. Guy told Council the owners plan to break ground this summer so that vested rights should not be an issue. Councilman Peters said he has a desire to use of the TDRs here in town rather than along the river and to get them off the books. Councilman Peters pointed out the applicant is providing 3 more ADUs than required. Diane Moore, planning director, pointed out the vested rights protect the property owner from any subsequent changes in the code for 3 years from approval. Vesting does not mean the development plan goes away in 3 years. They still have the ability to build. Amy Margerum, city manager, said for amendments, insubstantial or substantial, there is criteria in the code and this project does not meet the criteria for an insubstan- tial amendment. Councilwoman Richards noted developers could make changes every 24 months to their projects and get vesting in perpetuity. Mayor Bennett closed the public hearing. Guy said the project is still providing covered parking, 2 for each unit. 9 out of 10 units are on the alley. There will be 9 cars on grade and the rest of the cars in the garage. Councilman Peters moved to adopt Ordinance #28, Series of 1993, on second reading; seconded by Councilman Reno. Roll call vote; 6 Regular Meeting Aspen City Council June 14, 1993 Councilmembers Reno, yes; Pendleton, no; Richards, yes; Peters, yes; Mayor Bennett, no. Motion carried. ORDINANCE #30, SERIES OF 1993 - Final PUD Amendment Truscott Place Leslie Lamont, planning office, told Council the housing office is requesting an amended final PUD development plan and vested rights. They plan to replace the deck railings on the old Red Roof building and to have storage closets for the studios and to enclose the recycle bins and to add 8 more parking spaces on site. Tom Baker, housing director, told Council this will improve the quality of life for the tenants. Mayor Bennett opened the public hearing. Mona Read asked what the city is doing to effect auto disincentive at Truscott Place. Baker said there are 86 parking spaces for 96 units. The code requires one space per bedroom. Baker said the housing office gives priority to non-auto owners. Mayor Bennett closed the public hearing. Councilman Reno asked what is happening with the pool area and main restaurant. Baker said the pool is filled in with dirt. The housing office is working with the tenant of the Tenth Hole Bar & Grill to see if they can negotiate better use of this space. Councilman Peters moved to adopt Ordinance #30, Series of 1993, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #31, SERIES OF 1993 - Appropriations Rob Umbreit, budget director, told Council this has not been amended since first reading. This ordinance includes the Cemetery Lane Underground district so that construction can begin. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #31, 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. ORDINANCE #32, SERIES OF 1993 - Final PUD, GMQS Exemption - City Shop 7 Regular Meeting Aspen City Council June 14, 1993 Councilman Reno stepped down due to conflict of interest. Kim Johnson, planning office, told Council P & Z recommends approval of this application. P & Z approved stream margin review and special review for parking. The only change since first reading was the final resolution of the right-of-way dedication proposed for Power Plant road. Dave Gibson, architect, showed the site plans for the compound. Gibson told Council this will have a more efficient circulation on site. The new buildings will share the roofs and material of the historic building, which is being used for storage. This plan requires the least physical alterations for the historic building. Mayor Bennett opened the public hearing. Jim Breasted said it is great that the city should save and use the historic shop. Mayor Bennett closed the public hearing. Councilwoman Pendleton said she was impressed with this process; there was a lot of work with citizen groups and with the neighbor- hood. Councilwoman Pendleton moved to adopt Ordinance #32, Series of 1993, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ENDORSEMENT OF RIO GRANDE MASTER PLAN Leslie Lamont, planning office, told Council P & Z adopted the master plan June 8, 1993, at a public hearing. Staff worked with a committee of citizens on this plan, including representatives of users and potential users, like the trolley, art museum, theatre in the park. Ms. Lamont noted the master plan is not a conceptual SPA and does not expire in 2 years. The committee identified sites A and B. Site A is a passive park and is where the snow melter is currently located. The committee recommends that the snow melter be removed within 2 years. There is a recommended 20 foot transition zone between the two sites which would protect site A from development. Site B is the current playing field, Rio Grande plan, youth center and transportation related activities. Ms. Lamont pointed out the committee recognizes there are certain light industrial uses that should be kept within the city and some of these uses might be contained on part of site B. Ms. Lamont said the plan attempts to preserve visual access to the river and up Independence Pass. Any 8 Regular Meeting Aspen City Council June 14, 1993 future development will have to go through a full SPA review. Councilwoman Richards asked about the property in site B that is currently used for parking by the Obermeyer and Bass buildings. Ms. Lamont said the city has entered into negotiations with the property owners. This process will continue. Councilman Reno asked about a recreation are, like basketball courts. Mayor Bennett said he would like to see as little asphalt on the area as possible. Councilman Peters said he would like the playing field to remain only until there is a regional transportation facility. Councilman Peters suggested a general comment that there should be as limited automobile access to this area as possible and still meet handicap access. Mayor Bennett said he would like moving the snowmelt included in the 1994 budget and not to wait two years. Councilwoman Richards said she would like the snow melt separated with a fence; it could be a hazard to children. Councilwoman Richards requested some recommendations from staff about this. Councilman Peters moved to endorse the Rio Grande master plan adding an amendment that automobile access to site A be restricted as much as possible and still comply with minimum technical handicap access requirements and that the snow melt be relocated as soon as is humanly possible; seconded by Councilwoman Richards. All in favor, motion carried. PFISTER RANCH WATER AGREEMENT Councilman Peters told Council the P & Z did not make a finding that the Pfister Ranch development was consistent with the community plan. Councilman Peters said P & Z was overwhelmed with the task of reviewing an enormous development and the most significant water extension within the last 20 years. P & Z approved the water service extension. Councilman Peters said the ultimate decision resides with Council. Councilman Peters said annexation should be a condition of any water extension agreement. Councilman Peters said this project does not provide community- type housing; it will be a country club with large housing. Councilman Peters encouraged Council to take a look at this development. PROCLAMATION - Frank Peters Whereas, Rank Peters has ably and faithfully served as a member of the City Council for four years and as Mayor Pro Tem for two years - his outstanding service has contributed to the continued prosperity of the City and the accomplishment of it's goals; and 9 Regular Meeting Aspen City Council June 14, 1993 Whereas, Frank had the foresight to propose a real estate transfer tax for affordable housing and a sales tax for housing & day care - he has long championed quality day care for this community, serving on the child care task force and the early learning center board; and Whereas, Frank fought for employee housing by creating the housing replacement ordinance and demanding fairness for tenants at Castle Ridge and elsewhere; and Whereas, Frank served as the city's representative on the Northwest Colorado Council of Governments, and he dearly loved those monthly junkets to his condo in Frisco; and Whereas, Franks literally earned his "wings" while serving on the City Council, achieving heights in the air rivalled only by those of his logic and concision on the ground - and giving real estate developers a whole new reason to fear flying; and whereas, Frank manager to win two elections in a single term (although we don't recall the details_; and Wherea s, never shy or bashful when resolving issues, Frank earned the title "Motion Man" for his skillfully crafted motions, which regularly saved difficult issues from the chaos of indecision and moved them successfully to resolution; and Whereas the City will miss his pithy insights, his dry sense of humor, his hard work ethic, his independence, and - most of all - his deep commitment to preserving Aspen's unique qualities as a community. Now, therefore, be it resolved that the City Council and People of Aspen hereby commend and sincerely thank Frank Peters for his meritorious service to our City and our citizens. PROCLAMATION - Margot Pendleton Whereas, Margot Pendleton has ably and faithfully served a s a member of the Aspen City Council for 3.4 years, and her outstanding service has contributed to the continue prosperity of the city and the accomplishments of it's goals; and Whereas, Margot's motto on Council has been "Just Do It" - and it was always a pleasure to see reports' pencils raised when she begin to speak; and Whereas, margot not only served as the city's representative on the Ruedi Water and Power Authority, acting as a watchdog over Colorado's water, she also presided as Commodore of the Aspen Yacht Club, navigating that venerable institution through fair weather and foul, ever ready to fend off an attach from the Dreaded Squawfish; and Whereas, during Council meetings, Margot never failed to contribute many excellent "idearers"; and Wher eas, Margot served unswervingly as the city's representa- tive on the Roaring Fork Transit Authority and soberly with the Aspen Substance Awareness Project - her abstinence and total 10 Regular Meeting Aspen City Council June 14, 1993 dedication to clean living shining as a beacon in the night for the rest of Council; and Whereas, Margot has been a driving force behind the Transpor- tation Plan and would always give it a good "kick start" when doubts & fears threatened to slow it down; and Whereas, Margot's smile and sense of humor helped Council and staff deal with many difficult problems; and Whereas, the City Will sorely miss her willingness to serve, her willingness to work, and her willingness to listen with an open mind - and we hope she will stay close by to keep us honest, focused and - most of all - Moving Forward Now, therefore, be it resolved that the city Council and people of Aspen hereby commend and sincerely thank Margot Pendleton for her outstanding service to our City and our citizens. SWEARING IN NEW COUNCIL Municipal Judge Brooke Peterson sworn in John Bennett as Mayor and Georgeann Waggaman and Terry Paulson as Councilmembers. COUNCILMEMBER COMMENTS 1. Councilwoman Waggaman thanked her supporte rs and the other candidates. Councilwoman Waggaman said she hoped the other candidates would continue to be active in local government. Councilwoman Waggaman said the next 4 years are very crucial and will require changes in citizen's lifestyles. Councilwoman Waggaman said the city cannot compromise tomorrow for the sake of today's convenience. 2. Councilman Paulson said he ran for office because he likes this community and is willing to put out the effort to make the community keep going the way it has been in the last 45 years. Councilman Paulson said there are many major developments pending in the community and in the valley. Councilman Paulson said the community has to decide how much is enough before Aspen loses it's sustainability. Councilman Paulson said the environment was the platform of his campaign. People are concerned about the environ- ment, and Aspen need to keep things going the same way. Councilman Paulson suggested Council make a statement of their vision for the future. Councilman Paulson said the city needs to make an action plan for the highway coming into town. 3. Mayor Bennett said he feels it an honor and privilege to be sitting at the Council table. Mayor Bennett said he will continue to fight for controlling growth and to maintain the small town flavor of Aspen. Mayor Bennett said he supports affordable housing and maintaining the vitality of the community. The biggest issue facing Council is transportation. 11 Regular Meeting Aspen City Council June 14, 1993 4. Councilman Reno said he is looking forward to working with the new Council. Councilman Reno thanked Frank Peters and Margot Pendleton for their work and support. 5. Councilwoman Richards thanked Margot Pendleton and Frank Peters for setting a good example for Council. 12 Regular Meeting Aspen City Council June 14, 1993 REQUEST FOR EXECUTIVE SESSION - Castle Ridge Frank Peters said there is a lot of background work on the history of Castle Ridge. The new Councilmembers should have all this before an executive session. Council scheduled an executive session for July 6th at 5 p.m. ORDINANCE #36, SERIES OF 1993 - 409 E. Hopkins Extension of Vested Rights Councilman Reno moved to read Ordinance #36, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #36 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PERPETUAL VESTED RIGHTS FOR THE AFFORDABLE HOUSING MITIGATION PROVIDED FOR THE 409 EAST HOPKINS GROWTH MANAGEMENT DEVELOPMENT PLAN, BLOCK 88, LOTS D, E, AND F ASPEN, COLORADO was read by the city clerk Diane Moore, planning director, reminded Council the employee housing for the 409 East Hopkins project was mitigated by the purchase and conveyance of the Smuggler Mountain apartments. Ms. Moore said employee mitigation is not required until the building permit is applied for. This ordinance preserves this as employee housing. Councilwoman Richards suggested the ordinance be amended for second reading to make clear the special nature of this vesting so that it is not used as a precedent. Councilman Reno moved to adopt Ordinance #36, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #34, SERIES OF 1993 - City Shop Bond Financing Councilman Reno stepped down to conflict of interest. Councilwoman Richards moved to read Ordinance #34, Series of 1993; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #34 (Series of 1993) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS LIMITED TAX GENERAL OBLIGATION 13 Regular Meeting Aspen City Council June 14, 1993 BONDS, SERIES 1993C, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,800,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE RENOVATION OF THE HISTORIC CITY SHOP AND THE CONSTRUCTION OF SUPPORTING FACILITIES AND TO PAY ALL NECESSARY INCIDENTAL AND APPURTENANT COSTS AND EXPENSES IN CONNEC TION THEREWITH; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SALE OF SAID BONDS AND APPROVING A BOND PURCHASE PAYMENT AGREEMENT AND A REGISTRATION AND PAYING AGENCY AGREEMENT; PROVIDING A PLEDGE OF ALL FUNDS AVAILABLE TO THE CITY, BUT NOT FROM A PROPERTY TAX INCREASE, AS SECURITY FOR SAID BONDS; PROVIDING OTHER DETAILS IN CONNECTION WITH SAID BONDS; AND APPROVING THE FORM OF THE OFFICIAL STATEMENT was read by the city clerk Dallas Everhart, finance director, told Council these are limited tax bonds and the city cannot use other sources other than property taxes to pay the debt on these bonds. Everhart said the city is working with Moody's to get a good rating. Councilwoman Richards moved to adopt Ordinance #34, Series of 1993, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:20; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #33, SERIES OF 1993 - Castle Creek Townhomes Subdivision Exemption Councilman Reno moved to read Ordinance #33, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #33 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONDO- MINIUMIZATION AND VESTED RIGHTS STATUS FOR 777-787 CASTLE CREEK DRIVE, LOT 10, CASTLE CREEK SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Leslie Lamont, planning office, told Council this condominiumiza- tion is being reviewed under the city's existing regulations. The applicant has agreed to file 6 month minimum lease restrictions. This was built pursuant to Ordinance #1, and an accessory dwelling unit was provided and no housing impact fee is required. Council- 14 Regular Meeting Aspen City Council June 14, 1993 man Reno asked why the vested rights is included since this is already built. Ms. Lamont said vested rights is automatically included because it is a state statutory requirement. Councilman Reno moved to adopt Ordinance #33, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Reno, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #37, SERIES OF 1993 - Bell Mountain Lodge Vested Rights Councilman Reno moved to read Ordinance #37, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #37 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VESTING THE DEVELOPMENT RIGHTS FOR THE BELL MOUNTAIN LODGE DEVELOPMENT PLAN APPROVAL, LOCATED AT 720 E. COOPER AVENUE (LOTS K-P AND PART OF LOT Q, BLOCK 105, TOWNSITE OF ASPEN) was read by the city clerk Councilman Reno moved to adopt Ordinance #37, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Reno, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #35, SERIES OF 1993 - Sister City Housing Vesting Extension Amendment Mayor Bennett stepped down due to a conflict of interest. Councilman Reno moved to read Ordinance #35, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #35 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO. 20 (SERIES OF 1993) GRANTING A TWO-YEAR EXTENSION OF VESTED RIGHTS FOR THE UTE TRAIL TOWNHOMES DEVELOPMENT APPROVALS, 1280 UTE AVENUE, ASPEN, COLORADO was read by the city clerk Dave Myler, representing the applicant, reminded Council they granted vested rights to this project earlier in the year. Shortly after that approval, it became obvious that one of the tenants could not vacate the property by the June 15th deadline. All other 15 Regular Meeting Aspen City Council June 14, 1993 tenants have vacated. Myler said this ordinance extends the condition of vacation related to the Devores to July 15th. Councilman Reno moved to adopt Ordinance #35, Series of 1993, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Reno, yes; Councilwoman Richards, yes. Motion carried. Councilman Reno moved to adjourn at 9:20 p.m.; seconded by Councilman Reno. All in favor, motion carried. Kathryn S. Koch, City Clerk 16 Regular Meeting Aspen City Council June 14, 1993 PROCLAMATION - Mike Garrish 1 ................................ .... CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... CITIZEN PARTICIPATION 2 ................................ .......... NEW LIQUOR LICENSE - Renaissance 2 ............................... NEW ARTS LIQUOR LICENSE - Music Associates of Aspen 3 ............ LIQUOR LICENSE TRANSFER - Paragon 3 .............................. LIQUOR LICENSE TRANSFER - Aspen Club 3 ........................... OPTIONAL PREMISES - Tenth Hole Bar & Grill 3 ..................... ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning 4 ............... ORDINANCE #28, SERIES OF 1993 - OBlock Subdivision 5 ............. ORDINANCE #30, SERIES OF 1993 - Final PUD Amendment Truscott Place 6 ................................ ..................... ORDINANCE #31, SERIES OF 1993 - Appropriations 7 ................. ORDINANCE #32, SERIES OF 1993 - Final PUD, GMQS Exemption - City Shop 7 ................................ ................. ENDORSEMENT OF RIO GRANDE MASTER PLAN 8 .......................... PFISTER RANCH WATER AGREEMENT 9 ................................ .. PROCLAMATION - Frank Peters 9 ................................ .... PROCLAMATION - Margot Pendleton 10 ................................ SWEARING IN NEW COUNCIL 11 ................................ ........ COUNCILMEMBER COMMENTS 11 ................................ ......... REQUEST FOR EXECUTIVE SESSION - Castle Ridge 12 ................... ORDINANCE #36, SERIES OF 1993 - 409 E. Hopkins Extension of Vested Rights 12 ................................ ............. 17 Regular Meeting Aspen City Council June 14, 1993 ORDINANCE #34, SERIES OF 1993 - City Shop Bond Financing 12 ....... ORDINANCE #33, SERIES OF 1993 - Castle Creek Townhomes Subdivision Exemption 13 ................................ ..... ORDINANCE #37, SERIES OF 1993 - Bell Mountain Lodge Vested Rights 14 ................................ .................... ORDINANCE #35, SERIES OF 1993 - Sister City Housing Vesting Extension Amendment 14 ................................ ....... 18