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HomeMy WebLinkAboutminutes.council.19950327Aspen City Council Regular Meeting March 27, 1995 Mayor Bennett called the meeting to order with Councilmembers Richards and Waggaman present. PROCLAMATION - Sunshine Kids Mayor Bennett read the proclamation, acknowledging the volunteers for their hard work in making this event happen. The Mayor and Council proclaimed March 26 to April 2 Sunshine Kids National Winter Games Week. CITIZEN COMMENTS There were no comments. COUNCILMEMBER COMMENTS 1. Acting City Manager Bill Efting reminded Council of the elected officials meeting April 6th at 4:30 at the Snowmass Chapel and of the joint meeting with the Pitkin County Commissioners April 4 at 5 p.m., Plaza 1. 2. Acting City Manager Bill Efting told Council April 6 will be “War on Potholes” day starting at 9 a.m. There will be 3 different volunteer crews working with hot mix on the potholes. 3. Acting City Manager bill Efting pointed out the dial-a-ride information in Council’s boxes. 4. Councilwoman Waggaman moved to add as VIII(c) Ordinance #19, Series of 1995, Shadowwood buy down; seconded by Councilwoman Richards. All in favor, motion carried. 5. Mayor Bennett announced there is a transportation symposium this week starting Friday at 1 p.m. at Paepcke Auditorium. 6. Stan Clauson requested Council schedule a work session to meet with Lee Barsten on roundabouts. Council scheduled this for Thursday, March 30 at 5 p.m. CONSENT CALENDAR Councilwoman Waggaman asked about the water department work outlined in the Earthworks contract and will Council see other work before it goes ahead. John Worcester, city attorney, pointed out any contract over $25,000 has to be approved by Council. Mayor Bennett said Council has approved a 5 year repair schedule to the water system. Councilwoman Richards requested an update at a lunch meeting. Councilwoman Waggaman moved to adopt the consent calendar; seconded by Councilwoman Richards. The consent calendar is: · Resolution # 17, 1995 - Contract for 1995 Golf Course Improvements · Application for Parks Department Expansion 1 Aspen City Council Regular Meeting March 27, 1995 · Resolution #18, 1995 - Deputy Municipal Judge - Jeremy Bernstein · Resolution #19, 1995 - Contract Award Earthworks Construction for Water Department Projects · Board Appointments RFTA (joint appointment) - George Hart HOUSING (joint appointment) - Betsy Krizmanich (city) Frank Peters; Jackie Kazabach BOARD OF APPEALS - Myron Roschko, Deanne Olsen HPC - Susan Dodington, Melanie Roschko, Sven Alstrom, Linda Smisek, Jeffrey McMenimen All in favor, motion carried. ORDINANCE #14, 1995 - Creektree PUD Subdivision Amendment Stan Clauson, community development director, told Council this amendment seeks approval to change the plat to redefine the lot line between lots 2 and 4 in order to increase the FAR. Clauson said this is consistent with zoning regulations. This will provide an additional 608 square feet livable floor area per unit. Clauson told Council at the time these units were constructed, there was no method to calculate the FAR, and this will be consistent with the current provisions of the ordinance. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Sunny Vann, representing the applicants, told Council section 2, page 2 of the ordinance talks about actual setback variances. Vann pointed out the setbacks vary between the lots. Vann requested the ordinance be changed to “minimalizing the existing condition”. Councilwoman Richards moved to adopt Ordinance #14, Series of 1995, on second reading amending it to redefine the lot line between lots 2 and 4 and revise the floor area attributable to each lot; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #48, SERIES OF 1994 - 520 Walnut Historic Designation Amy Amidon, planning office, reminded Council this was tabled in October because of questions from adjacent property owners. HPC worked with the applicant over the last several months and has given conceptual approval. The applicant has requested side and front yard variances so that the miner’s cabin can be pushed completely away from the new construction. The house, which sits on 2 Aspen City Council Regular Meeting March 27, 1995 the property line, will be moved. Without the sideyard and front yard setback variances, the applicant would be forced to attached the two structures. Ms. Amidon reminded Council when this area was annexed into the city, there were special requirements for 10 foot side yard setbacks. HPC said there will be no variances for the new house. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #48, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #17, 1995 - 1995 Housing Guidelines Cindy Christensen, housing office, told Council the major change in these guidelines is the increased payment-in-lieu fees. Councilwoman Richards said she supports this increase as it reflects the actual cost of creating housing. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #17, Series of 1995, on second reading; seconded by Councilwoman Richards. Roll Call vote; Councilmembers Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Ms. Christensen told Council there will be a lottery Friday March 31 at 5:30 p.m. at the Ritz Carlton for the East Hopkins affordable units. RESOLUTION #9, SERIES OF 1995 - Parks Master Plan Rebecca Baker, assistant parks director, told Council staff extensively discussed what the master plan should include, whether it should be just city limits or the metro area like the Aspen Area Community Plan covered. The population figures were taken from the AACP. Mayor Bennett said the population figures should be identified so readers do not think it is the city population. Councilwoman Waggaman said she does not want to see this master plan turned into a mandate for bigness. Ms. Baker agreed this plan is flexible and can incorporate new land purchase. Ms. Baker said this is really a needs assessment as well as a master plan. Councilwoman Richards said as the larger needs are looked at, it should be specified that these programs or parks will happen when the city develops cooperative funding sources for needs beyond the city limits, like Snowmass or 3 Aspen City Council Regular Meeting March 27, 1995 down valley. Councilwoman Waggaman said her concern is that this is a gold- plated plan and that there are reasonable limits to what a city should do. Bill Efting, acting city manager, said when cityies request information on a master plan from the public, it becomes somewhat of a wish list, Efting said this master plan identifies needs of the city. The hard questions will be through the Council approval process. Mayor Bennett said this calls itself “needs assessment” and “master plan”. The two are not the same. This is a $13 million wish list. The city has a balanced budget and keeps it balanced by paying attention when it develops master plans. Ms. Baker said the costs in the master plan were to give Council an idea of the costs associated with the various recommendations. These are broken down into priority of high, medium and low. Councilwoman Richards suggested this be incorporated as an introductory paragraph to the list of improvements. Councilwoman Waggaman said she would like to see moderation of the wish list. Councilwoman Richards would like flexibility of design of the plan and an acknowledgment the city is serving regional recreation needs and needs to development regional funding sources. George Robinson, parks director, said his staff plans to use this as a guideline in budgeting time and staff resources. Mayor Bennett submitted a list of suggested changes to make the master plan clearer and easier to read. Council suggested a glossary be included and define such terms as “trail” and “path”. Councilwoman Waggaman moved to table Resolution #9, Series of 1995, to April 10, to incorporate Council’s changes; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #18, SERIES OF 1995 - Refunding 1987 Sales Tax Bonds Councilwoman Waggaman moved to read Ordinance #18, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #18 (Series of 1995) AN ORDINANCE AUTHORIZING THE ISSUANCE OF $6,455,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF ASPEN, COLORADO, SALES TAX REFUNDING REVENUE BONDS, SERIES 1995; AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR THE PURPOSE OF CURRENT REFUNDING THE CITY OF ASPEN, COLORADO, SALES TAX REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 1987 AND PAYING COSTS OF ISSUING SAID BONDS; PROVIDING THE FORM, TERMS AND CONDITIONS OF SAID BONDS, 4 Aspen City Council Regular Meeting March 27, 1995 THE MANNER AND TERMS OF THEIR ISSUANCE, THE MANNER OF THEIR EXECUTION, THE METHOD OF PAYING THEM AND THE SECURITY THEREFOR; PLEDGING CERTAIN SALES TAX PROCEEDS OF THE CITY, INCLUDING CERTAIN SALES TAX REVENUES RECEIVED FROM PITKIN COUNTY, COLORADO, FOR THE PAYMENT OF SAID BONDS; PROVIDING CERTAIN COVENANTS AND OTHER DETAILS CONCERNING THE BONDS AND THE SALES TAX REVENUES; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING THERETO; AND DECLARING AN EMERGENCY AND PROVIDING FOR THE EFFECTIVE DATE OF THIS EMERGENCY ORDINANCE was read by the city clerk Steve Barwick, assistant city manager, told Council the issue is whether or not they want to refund the 1987 sales tax bonds. If so, there are two refunding scenarios; one would produce savings $92,000 and the other $69,000. Barkwick said there is also the issue of what happens with the reserve funds. Barwick explained a reserve fund is 10 percent of the original issuance of the bonds that is set aside to make sure the payments can be met in any year. There is a reserve fund of $1.75 million. If these bonds are not refunded, this $1.75 million will be available to the city in 1999. Through this refunding, part of all of the reserve fund can become available. The money can be used for any capital items the city wants. Barwick pointed out with the $69,000 savings, the entire reserve fund can be freed up; with the $92,000 about $1 million can be freed up with the rest of the fund becoming available in 1999. Barwick said if the city frees up these reserve funds and spends them, they will no longer be earning interest for the city, which is about $85,000 annually. Steve Jeffers, Daughtery Dawkins, told Council he does not feel that without a reserve fund the bonds would be rated. If the city retained a reserve fund, these bonds would probably be A rated. Jeffers said he does not have a problem with the city issuing non-rated sales tax revenue bonds. Jeffers told Council this issue is callable on May 1, 1995. This is not an advance refunding as it has been advance refunded as many times as it can under federal guidelines. This is a pay and cancel refunding. Councilwoman Richards said the city has a number of projects this reserve could fund. Council agreed they preferred the conservative approach of keeping a reserve fund and refunding the bonds. Councilwoman Richard moved to adopt Ordinance #18, Series of 1995, on first reading pursing the rated option; seconded by Councilwoman Waggaman. Roll Call vote; Councilmembers Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #19, SERIES OF 1995 - Shadowwood Buy Down 5 Aspen City Council Regular Meeting March 27, 1995 Councilwoman Richards moved to read Ordinance #19, Series of 1995; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #19 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PURCHASE AGREEMENT AND AGREEMENT FOR COVENANTS AND OCCUPANCY RESTRICTIONS FOR CERTAIN PROPERTY COMMONLY KNOWN AS THE SHADOWWOOD APARTMENTS AS MORE FULLY DESCRIBED IN EXHIBITS “A” AND “B”; AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITYY OF ASPEN SAID AGREEMENTS AND SUCH OTHER DOCUMENTS AS MANY BE NECESSARY TO CONSUMMATE THE AGREEMENTS; APPROPRIATING FUNDS FOR SAID PURCHASE; AND, DELCARING AN EMERGENCY IN ACCORDANCE WITH SECTION 4.11 OF THE ASPEN CITY CHARTER was read by the city clerk John Worcester, city attorney, told Council this is an emergency ordinance in order to accommodate the closing for Friday, March 31st. Council needs to scheduled another meeting to have second reading. Worcester told Council he has not reviewed the final documents from the seller. Councilwoman Richards moved to adopt Ordinance #19, Series of 1995, on first reading with the caveat the final documents are to the city attorney’s satisfaction; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. Council continued the meeting to Thursday, March 30 at 8:30 a.m. Councilwoman Richards moved to go into executive session at 7:20 p.m. for the purpose of negotiating a law suit; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 6