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HomeMy WebLinkAboutminutes.council.19910311Regular Meeting Aspen City Council March 11, 1991 PROCLAMATION - Colorado Business and the Arts Month 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 4 LIQUOR LICENSE RENEWAL - Red Onion 4 HOUSING AUTHORITY APPROPRIATE 4 RESOLUTION #8, SERIES OF 1991 - Highway 82 Design - Maroon Creek Bridge 4 RESOLUTION #7, SERIES OF 1991 - Requesting Highway Department Assistance Maroon Creek Bridge Maintenance 5 ORDINANCE #3, SERIES OF 1991 - PUD Amendment Aspen Golf Course Nordic Lighting 5 ORDINANCE #2, SERIES OF 1991 - Appropriations 6 BOARDS AND COMMISSION APPOINTMENTS 7 RESOLUTION #10, SERIES OF 1991 - Naming Art Parkway 8 REQUEST FOR EXECUTIVE SESSION 8 9 Regular Meeting Aspen City Council March 11, 1991 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Gassman, Tuite, Peters and Pendleton present. PROCLAMATION - Colorado Business and the Arts Month Mayor Stirling said the state has declared March Colorado Business and the Arts Month. Mayor Stirling and Council proclaimed March Colorado and Aspen Business and Arts Month. Mayor Stirling read the proclamation and presented to Mary Apple, Aspen/Snowmass Council for the Arts. Ms. Apple thanked Council for their great support over the years and for the support from the business community, without which the valley would not have a vibrant arts program. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman Peters said Council has received a letter from the West Side Improvement Association requested a refund of their $1,000 given for a traffic study. Councilman Peters said he concurs with this request. Carol O'Dowd, city manager, said the money was applied to the transportation study done and there is data that can be distributed to the WSIA. Councilman Peters said the purpose of the WSIA was to provide neighborhood traffic study counts; this transportation study was not neighborhood traffic information. Councilman Peters moved to refund $1,000 to the West Side Improve- ment Association for the neighborhood traffic study; seconded by Councilwoman Pendleton. All in favor, motion carried. 2. Councilman Peters said the sidewalk connection from Hunter Creek to Aspen and the Mill Street bridge is a public safety issue. Councilman Peters said this is a primary connection to town, shopping and the post office and there is no place to get off the road. Councilman Peters said he would like staff to go over the sidewalk pedestrian plan and pull out whatever applies to this area and have the engineering department make this connection a goal in the 1991 building season. This is a clear public safety need that should be addressed quickly. Councilman Tuite agreed this area is dangerous. Councilman Peters moved to direct staff to review the sidewalk and pedestrian plan using that as a guide to begin to develop a design and a budget for sidewalk connection from Hunter Creek, Centennial to the Mill Street bridge; seconded by Mayor Stirling. 1 Regular Meeting Aspen City Council March 11, 1991 Councilman Gassman said the city has just spent two years doing the pedestrian circulation plan for the whole town. Councilman Gassman said he has a problems deciding this is the number one priority without looking at the rest of the plan. Amy Margerum, planning director, told Council this connection is a high priority. The purpose of the proposed work session on trails is to look at the pedestrian walkway plan and have Council set priorities. Mayor Stirling said the work session will be March 18th. All in favor, motion carried. 3. Councilman Peters brought up the real estate transfer tax that funds the Wheeler and the expiration date for that tax. Councilman Tuite agreed the city will need a funding source for operation and maintenance of the Wheeler. Council agreed to make this a topic of discussion with the Wheeler Opera House Board at the work session March 18th. Carol O'Dowd, city manager, said this should be an issue in the development of the 1992 budget. 4. Councilman Gassman said regarding parking permits, the city should expand the scope of their analysis and ask what public purpose is served by having parking permits at all. Councilman Gassman suggested not having any parking permits. It is strange giving parking permits to certain people when one goal is to cut down on automobile usage. Councilman Gassman said granting parking permits on the basis of age may be discrimination. 5. Councilman Gassman asked if the highway 82 overlay can be done at night. Carol O'Dowd, city manager, said staff is in discussions with the highway department on what needs to be done. Ms. O'Dowd said this can be one of staff's requests. 6. Councilman Gassman requested (c) Resolution #10, 1991 - Naming Rio Grande Access "Art Parkway" be taken off the consent calendar. Mayor Stirling said this will be action item (f). 7. Mayor Stirling said recommendations regarding parking permits will be placed on the March 25 Council agenda. 8. Mayor Stirling reminded Council April 4 is the Boards and Commissions dinner at Milan's and April 11 is the fire department dinner at the Steak Pit. 9. Mayor Stirling requested canceling the energy discussion on the March 18th work session and add trails update to that work session. 10. Mayor Stirling acknowledged the Winter Club, Aspen Skiing Company and all the volunteers for a successful Winternational. 2 Regular Meeting Aspen City Council March 11. 1991 11. Councilwoman Pendleton thanked the streets department for taking care of the potholes. Councilwoman Pendleton asked about the plans for the overlay project at Highway 82 & Seventh and Original & Cooper street intersections. Carol O'Dowd, city manager, said the highway department is being resistant to using concrete at these intersections. Ms O'Dowd said she will be negotiating with the highway department on costs for these corners. 12. Councilwoman Pendleton said the Community School production of Winds in The Willows was excellent. 12. Mayor Stirling said the Aspen Area Community Plan will be having a series of small specialized meetings. The next general meeting is March 28 at 5:30 at the Community center 13. Mayor Stirling said the next work session is March 18th with the Wheeler Opera House board and trails update. The water projects work session is scheduled for April 15. There is a meeting March 13th at 5 p.m. to discuss the railroad. There is a Roaring Fork Valley Forum March 14th at the Garfield County Courthouse. 14. Carol O'Dowd, city manager, requested a special meeting be scheduled for April 20th to handle the process for the Aspen Meadows. 15. Carol O'Dowd, city manager, told Council staff will be taking the flags down to clean and will not be putting them back up unless Council so directs. 16. Carol O'Dowd, city manager, pointed out there is a letter about the library housing mitigation from the city attorney. Unless there is a response back, he will forward this to the county. 17 . Carol O' Dowd, city manager, asked for further clarification on (e) the resolution on the ratification of water extension mora- torium. Bob Gish told Council staff was negotiating 3 water service agreements when the moratorium was brought up. Gish said there should be a case by case review in the moratorium. Ms. O'Dowd said staff is assuming the Highland water extension is approved as it is underway and should not be included in the moratorium. Councilman Peters said there is a case by case review allowed in the resolution. Councilman Peters said water policy development does not have a clear direction from Council but has a life of its own. 18. Carol O'Dowd, city manager, told Council staff has formed a pothole brigade to report these to the streets department. 3 Regular Meeting Aspen City Council March 11 1991 CONSENT CALENDAR councilman Peters moved to approve the consent calendar as amended; seconded by Councilman Tuite. The consent calendar is: p,. Minutes - January 28, February 11, 1991 B. Resolution #9, 1991 - Polling Places May Election C. Mayor's Deed - Comcowich D. Resolution # 12, 1991 - Ratification of Water Extension Moratorium E. Resolution #11, 1991 - Authorizing Legal Defense Services and Indemnification for Certain Municipal Employees Arising from Pending Litigation All in favor, motion carried. LI UOR LICENSE RENEWAL - Red Onion Councilman Peters moved to approve the liquor license renewal for the Red Onion; seconded by Councilman Tuite. All in favor, motion carried. HOUSING AUTHORITY APPROPRIATE Lynn Dunlop, county finance department, told Council the Commis- --- sinners approved $72,000 from county payment-in-lieu to the housing authority for further investigation of Lazy Glen land purchase. The resolution contains definitions of how that money will be spent. This has to be approved by both the city and county. Councilman Gassman moved to ratify action taken by the BOCC and housing authority; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #8, SERIES OF 1991 - Highway 82 Design - Maroon Creek Bridge Councilman Peters moved to approve Resolution #8, Series of 1991; seconded by Councilwoman Pendleton. Mayor Stirling said he does not support this because the bridge is bigger than is necessary. This bridge calls for maximum load. There will be 150 to 160 feet of span with this and the old bridge . This bridge also over commits the city to the four-lane. Councilmembers Pendleton and Peters in favor; Councilmembers Tuite, Gassman and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling said the County has passed this resolution. Councilman Tuite agreed a bridge this size is a mistake and determines the size of the Castle Creek bridge. Councilman Tuite 4 Regular Meeting Aspen City Council March 11, 1991 said he favors the four lane and the straight shot into town but wants a reasonable size bridge. Councilman Gassman said he is concerned about the size but also feels this bridge is in the wrong place. Councilman Gassman objects to taking a large chunk out of the golf course. Mayor Stirling said Resolution #7 summarizes the comments made at the work session last week; (1) that the department of highways will undertake the historic designation process, (2) the department of highways can identify the costs of improving the existing bridge for trails use, whether existing highway or trail width, and (3) the department of highways can outline an operation and maintenance program for each alternative bridge width. Councilwoman Pendleton asked if the highway department can move the new bridge closer the to trestle bridge. Councilman Peters said the highway department has said that the bridge is more important than the city's open space, which could be replaced. Councilman Gassman said the city's open space will be difficult to replace in that location because it will be under the highway. Councilman Gassman said there are a lot of other alternatives. Mayor Stirling moved to add as a third item to the March 18th work session, location of the Maroon Creek bridge, and to direct the manager to contact the Colorado Department of Highways and raise -- issues from this discussion and report back at the work session; seconded by Councilman Gassman. Councilwoman Pendleton suggested a site visit to see the alterna- tives and visualize the bridges. Carol O'Dowd, city manager, said she will also talk to the state historic office about the bridge. Councilman Gassman requested a map showing the northerly edge of the highway in relation to the parking lot. All in favor, motion carried. RESOLUTION #7, SERIES OF 1991 - Requesting Highway Department Assistance Maroon Creek Bridge Maintenance Councilman Gassman moved to table to February 25, 1991; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #3, SERIES OF 1991 - PUD Amendment Aspen Golf Course Nordic Lighting Councilman Gassman moved to read Ordinance #3, Series of 1991; seconded by Councilman Tuite. All in favor, motion carried. 5 Regular Meeting Aspen City Council March 11, 1991 ORDINANCE #3 (Series of 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING AMENDMENT TO THE PUD FINAL DEVELOPMENT PLAN OF THE ASPEN GOLF COURSE FOR LIGHTING A PORTION OF THE NORDIC SKI TRAILS AT THE GOLF COURSE LOCATED AT 22475 WEST HIGHWAY 82, ASPEN, COLORADO, was read by the city clerk Councilman Peters moved to adopt Ordinance #3, Series of 1991, on first reading; seconded by Councilwoman Pendleton. Kim Johnson, planning office, told Council this was approved by P & Z. The applicant has requested a timing change for the trial period to the beginning of next season. Ms. Johnson agreed with changing the trial date to next season. Ms. Johnson said if the applicants seeks to continue the lighting beyond the trial period, staff feels there should be another public notice. Mark Pearson told Council the additional costs will be born by the Nordic Council. They are not asking for any money from the city. Councilman Gassman said this is a reasonable proposal and is worth a try. Mayor Stirling said he would support going through the entire next winter or at least through January to evaluate this. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #2, SERIES OF 1991 - Appropriations Councilman Gassman moved to read Ordinance #2, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #2 ( Series of 1991) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $16,915; REDUCING PREVIOUSLY APPROVED REVENUES OF $400,000; APPROPRIATING GENERAL FUND EXPENDITURES OF $478,050; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $75,50; REDUCING GENERAL FUND EXPENDITURES OF $400,000; TRANSFERRING $2,000 FROM THE GENERAL FUND TO THE ICE GARDEN FUND; TRANSFERRING $56,450 FROM THE TRANSPORTATION FUND TO THE GENERAL FUND; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $39,000; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $43,00; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $43,000; RECOGNIZING HOUSING/DAYCARE FUND REVENUES OF $475,000; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $55,000; TRANSFERRING $110,000 FROM THE HOUSING;DAYCARE TO THE WATER FUND; APPROPRIATING PARKING IMPROVEMENT CAPITAL PROJECT FUND EXPENDITURES OF $34,120; 6 Re ular Meetin As en Cit Council March 11 1991 APPROPRIATING WATER FUND EXPENSES OF $843,150; TRANSFER- RING $42,000 FROM THE WATER FUND TO THE GENERAL FUND; APPROPRIATING ELECTRIC FUND EXPENSES OF $166,000; APPROPRIATING ICE GARDEN FUND EXPENSES OF$2,000; APPRO- PRIATING MAROLT HOUSING FUND EXPENSES OF $695,950 was read by the city clerk Councilman Gassman moved to adopt Ordinance #2, Series of 1991, on first reading; seconded by Mayor Stirling. Carol O'Dowd, city manager, requested the transfer of $42,000 from the water fund to the general fund be deleted and will be changed by second reading. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Gassman, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. BOARDS AND COMMISSION APPOINTMENTS Councilman Peters moved to nominate Scott Samborski as an alternate member to the CCLC; seconded by Councilman Gassman. All in favor, motion carried. Councilman Peters moved to nominate Jerry Bennett as an alternate on the HPC. Motion DIES for lack of a second. Council instructed Kathryn Koch, City Clerk, to republish for the opening as an alternate on the HPC. Councilman Gassman moved to reappoint Sy Coleman to the CRAB; seconded by Councilman Tuite. All in favor, motion carried. Councilwoman Pendleton moved to reappoint Bill Shorr, Jane Erb and Ellen Kohner to the Wheeler Opera House Board; seconded by Councilman Gassman. All in favor, motion carried. Councilman Tuite moved to appoint George Hart to the RFTA board as a joint appointment if that coincides with the county's appoint- ment; seconded by Councilman Peters. All in favor, motion carried. Councilman Tuite moved to amend the intergovernmental agreement between the city and county and RFTA to add an alternate joint position; seconded by Councilman Peters. All in favor, motion carried. Councilman Peters moved to appoint Seymour Chase as the RFTA alternate if that is the only board he would be serving on; seconded by Councilman Gassman. All in favor, motion carried. 7 Regular Meeting Aspen City Council March 11, 1991 RESOLUTION #10, SERIES OF 1991 - Naming Art Parkway Councilman Gassman said he likes the name Snowmelt Road. There is nothing wrong with calling things what they are. Councilwoman Pendleton moved to adopt Resolution #10, Series of 1991; seconded by Councilman Peters. All in favor, with the exception of councilmembers Gassman and Tuite. Motion carried. Sandy Stuller, city's representative, requested an executive session to review the status of the west end litigation, insurance coverage, etc. REQUEST FOR EXECUTIVE SESSION Councilman Peters moved to go into executive session regarding the Francis Street litigation; seconded by Councilman Tuite. John Colson Aspen Times objected as this case has a lot of public interest. Colson said he doubted if there is anything fresh that would require the protection of an executive session. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Council went into executive session at 7 : 00 p. m. Council adjourned the meeting at 7:10 p.m. .~- ,~ :~ ~~ ~~ .~ .~ :~ Kathryn ~` Koch, City Clerk 8