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HomeMy WebLinkAboutminutes.council.19910722 Rec,~ular Meetinq Aspen City Council July 22, 1991 PROCLAMATION - Joseph Brodsky 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 3 LIQUOR LICENSE HEARING - Downtown Sports Center 3 HOTEL JEROME LIQUOR LICENSE TRANSFER; EAGLES CLUB SPECIAL EVENT PERMIT 3 ORDINANCE #18, SERIES OF 199 1 - Institutional Controls Smuggler Superfund Site 3 ORDINANCE #20, SERIES OF 1991 - Messiah Lutheran Church 4 ORDINANCE #22, SERIES OF 1991 - Code Amendment Square Foot- 5 age ORDINANCE #23, SERIES OF 1991 - Pitkin County Bank Vested Rights 6 ORDINANCE #24, SERIES OF 1991 - Newspaper Racks 6 ORDINANCE #27. SERIES OF 1991 - West Hopkins AH Rezoning 7 ORDINANCE #28, SERIES OF 1991 - PUD Amendment Clarendon 7 RIO GRANDE CONCEPTUAL SPA 8 RFTA/SKI CO SKIER SHUTTLE 11 ORDINANCE #29, SERIES OF 1991 - Appropriations 12 BUDGET POLICIES 14 ORDINANCE #31, SERIES OF 1991 - Amending Fire Code 14 REQUEST FOR ENCROACHMENT PIONEE R PARK 15 ORDINANCE #33, SERIES OF 1991 - Eastwood Road Public ROW Dedication 15 BURNT MOUNTAIN PROPOSAL 16 18 Regular Meetin Aspen City Council July 22, 1991 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Peters, Reno, Pendleton and Richards present. PROCLAMATION - Joseph Brodsky Mayor Bennett and Council proclaimed July 27 as Joseph Brodsky day to honor the Poet Laureate of the United State. Mayor Bennett said he will present this to Brodsky at a reception July 27th. CITIZEN COMMENTS 1. Jody Ensign, representing the Aspen Youth Center, requested they be able to place at sign at both entrances to the Youth Center for their fund raising efforts. Ms. Ensign said this will be a 4 by 8 foot sign, Yes to Youth, with a thermometer to indicate their goal and how much has been raised. Councilman Peters said he would not object as long as this is temporary. Amy Margerum, planning director told Council this does not comply with the city's sign code; however, if it is temporary and does have Council's permis- sion, it will be all right. 2. Tom Osborne, representing RT Gallery and Tom's Ice Cream, requested a mall lease for his establishment be added to the consent agenda. Osborne told Council he met with the CCLC who reviewed and approved the request. This is on the Mill street mall and last year was leased to Levi's Lickety Split. Councilman Peters moved to suspend the rules and add this item to the consent agenda; seconded by Councilwoman Pendleton. All in favor, motion carried. 3. Si Coleman asked what Resolution #29 addresses. Mayor Bennett said this formalizes Council's discussion at a work session on the pier design for the Maroon Creek Bridge. 4. Katie MacMahon requested Ordinance #17, 1991, Tagert Lot Split Amendment, be tabled unit the next regular meeting. Ms. MacMahon said they are still working out issues with the adjacent property owners. Councilman Peters moved to table Ordinance #17, Series of 1991, to August 12; seconded by Councilwoman Richards. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Richards complimented staff and getting a temporary bus station at Iselin. It is a nice effort and is being used. 1 Regular Meeting Aspen City Council July 22, 1991 2. Councilwoman Richards said she has noticed the tree planting at Rubey park. Councilwoman Richards requested staff double check the irrigation to make sure the trees are being watered. Council- woman Richards suggested tree grates around the trees at Rubey park. 3. Councilwoman Richards asked about thistle control on city property. Carol O'Dowd, city manager, said there is an existing agreement with the county for them to take care of this thistles on city property. 4. Councilman Peters extended his thanks to the County Commis- sioners for rescinding the institutional controls for the superfund site. 5. Councilman Peters said Council earlier made appointments to the Roaring Fork Trails task force. Council requested time to talk to these people as well as the train task force members. Council scheduled this for August 5 at 4:30 before their work session. 6. Councilman Peters said after the joint meeting with the Commissioners and housing authority on the development of the 1991- 92 projects, one issue left standing was how much to spend and what to allocate through year end. Staff forwarded to Council a balance on the HRETT and .45 sales tax. Councilman Peters requested that report be sent monthly to Council and to the housing office. 7. Carol O'Dowd, city manager, told Council she has talked to representatives of the EPA. In light of the county's action, the EPA is rethinking their position and would like time on Council's August 12th agenda to respond to requests to participate in a blood lead level study. 8. Carol O'Dowd, city manager, announced the CCLC will have a public meeting August 21st at 9 a.m. on delivery vehicles in Aspen and trucks in the mall. Councilwoman Richards requested there be plenty of public notice about this meeting. 9. Carol O'Dowd, city manager, told Council staff is working on park improvement proposals. One is to develop a fishing pond at Jenny Adair park. This is currently used by the streets crew. Staff will report back. Other proposals are for improvements to Patsy Newbury park. 10. Carol O'Dowd, city manager, requested Council add to the RFTA/Ski Company discussion regarding the skier shuttle a resolu- tion scheduling a special election September 24th on an excise tax. 2 ~-- Regular Meeting Aspen City Council July 22, 1991 CONSENT CALENDAR Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilwoman Pendleton. The consent calendar is: A. Electric System Equipment Purchase B. Request for funds - Transportation Symposium C. Resolution #27, 1991 - Indemnification for Sandy Stuller and city staff D. Agreement for Godfrey Easement and Aspen Highlands Ski Co. E. Resolution 29, 1991 - Establishing pier design guidelines for Maroon Creek Bridge F. Minutes - July 1, 15, 1991 G. Mall Lease - Tom's Ice Cream All in favor, motion carried. LI UOR LICENSE HEARING - Downtown Sports Center Mayor Bennett said this is a request from Molly and Terry Swanton for a tavern license at 209 South Galena. City Clerk Kathryn Koch reported the file, posting and publication to be in order. Molly Swanton told Council this establishment has had a liquor license since before 1969. The Swantons have owned it since 1987 and have had a hotel and restaurant liquor license. Due to the food requirements, they are applying for a tavern license. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Pendleton moved that based on the evidence presented at the public hearing held July 22, 1991, relating to the applica- tion Terry and Molly Swanton for a tavern license the Liquor License Authority finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Peters. All in favor, motion carried. HOTEL JEROME LI UOR LICENSE TRANSFER; EAGLES CLUB SPECIAL EVENT PERMIT Councilman Peters moved to approve the liquor license transfer for the hotel Jerome and the special event permit for the Eagle's Club; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler Superfund Site 3 _-- Reqular Meeting Aspen City Council July 22, 1991 Councilwoman Richards moved to table Ordinance #18, Series of 1991, to August 12; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #20, SERIES OF 1991 - Messiah Lutheran Church (Councilman Reno left the room due to a conflict of interest) . Kim Johnson, planning office, reminded Council at their last meeting there was some concern about the deed restriction category for the housing unit. Staff, P & Z and the housing authority recommended this unit be deed restricted to level 3, which is moderate income. Council discussed lowering this to category #2. Ms. Johnson pointed out this is a voluntary unit and is restricted to produce less income than that allowed because of the size of the unit. The Church will be lessening their income, even at category 3. Sunny Vann, representing the applicant, told Council Pitkin County Bank received a growth management allocation this year. As a result of this they have to house 3 or 4 employees. The applicant proposed to pay cash-in-lieu; the then-Council requested they try and find housing rather than pay cash. The Bank made an arrange- ment with the Messiah Lutheran Church where the Bank would assist in building a parsonage. The size of the structure the Church needed exceeds the size the Bank needed to produce in order to get credit for their affordable housing. The Bank agreed to assist in building a 1400 square foot unit in exchange for deed restricting this to category #3. The maximum size unit in category 3 is 1200 square feet. The Church will have to pay to build about 200 square feet in which they cannot capture any costs. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked the rental per square foot on category 3. Vann said it is $1.03/square feet for category 3 with a maximum size of 1200 square; category 2 is $.83 with a maximum size of 1100 square feet. The difference is $913 for a 1430 square foot 3 bedroom unit and $1230 for a 1400 square foot unit. This only applies if a minister does not use it. Councilwoman Richards said because the applicant is building a larger unit, they are asking for a higher category than that needed to supplement the existing housing. Councilwoman Richards said this is over $400 per bedroom, and, if this is not rented to the minister, is a fairly substantial rent. Vann said there is a demonstrated need for housing through- out all the categories. Councilwoman Richards said this is an application for a GMQS and there should be some give on behalf of the developer of the unit. Vann pointed out an affordable housing unit is exempt from competition. Vann said the only thing the applicant is asking is to exceed the size of the unit, which is permitted as long as rent is not charged for the extra size. 4 Regular Meeting Aspen City Council July 22, 1991 Councilman Peters supported reducing the income guideline to 2. Councilman Peters said Council has already given in on the use of the unit by the minister who probably exceeds the income guidelines and who community would not be housing. Councilman Peters said the more lower income units the community can get, the better off the community at large is. Vann told Council the Church is concerned about the cost of construction and requested the applicants be allowed to reduce the size of the unit to the maximum in category 2 if the numbers do not work. Councilman Peters said that is fine as long as the number of people housed does not decrease. Vann said that number cannot be changed because that is what satisfied the growth management application. Councilman Peters moved to adopt Ordinance #20, Series of 1991, on second reading including all conditions in Section 2 with the modifications that condition #1 change from category 3 to category 2 and insert the additional language that allows the Lutheran Church to reduce the size of the unit to the maximum sized allowed in category 2; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #22, SERIES OF 1991 - Code Amendment Square Footage Leslie Lamont, planning office, told Council this is a proposed amendment to Section 5-504 of the land use code. This section limits the size of individual businesses in the CC, C-1 and S/C/I zone districts, to a gross floor area. The term gross floor area is not used anywhere else in the land use code. Ms. Lamont told Council dimensional requirements, FAR, height, site coverage, are used to limit bulk and mass of buildings. Net leasable is used in mitigation, employee housing, parking, reduction of open space and trash service area. Ms. Lamont told Council this amendment changed "gross floor area" to "net leasable commercial and office space". This code amendment was initiated by Pitkin County Bank who competed in the 1990 growth management and received a net leasable allocation for square footage. When the applicant went to apply this to their building, they realized they were over in their gross floor area. Pitkin County Bank could add on what they gained in GMP but would have to rent a percentage of that space to another business because they are over in their gross floor area. Ms. Lamont said this code amendment may allow some businesses to grow bigger in size; however, staff feels that the city has dimensional requirements and net leasable which insures there will be mitiga- tion for certain impacts. Sunny Vann, representing the Pitkin County Bank, told Council the Bank competed for the square footage, has mitigated all impacts, and the building is under the allowable FAR. Because of the term 5 - Regular Meeting Aspen City Council July 22, 1991 "gross floor area" , the Bank cannot occupy the space for which they have competed. The Bank can lease this space to someone else and go next door and rent space for themselves but cannot occupy the space they have. Vann said if this code amendment is adopted, the terminology would be consistent throughout the code. Floor area will govern the size of buildings. Vann said if the intent is to compare relative size of businesses, net leasable is the best way to do this. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Ms. Lamont reminded Council this code amendment only affects the CC, C-1 and S/C/I. Ms. Lamont said there is still a limit in this section of the code. Councilman Peters said this will be a significant change in how big businesses can be. Councilman Peters said he is willing to support this but would like the planning office to take another look at net leasable square footage. Ms. Margerum said this provision was getting at use by one business. This should not encourage more growth. Councilman Peters moved to adopt Ordinance #22, Series of 1991, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #23, SERIES OF 1991 - Pitkin County Bank Vested Rights Kim Johnson, planning office, told Council this establishes vested rights for the Bank's land use approvals granted by Council in December 1990. The land use code allows for an approval to remain valid for a period of 18 months; with a vested rights ordinance this period of time could be extended to 3 years. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #23, Series of 1991, on second reading; seconded by Councilman Peters; Roll call vote; Councilmembers Richards, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #24, SERIES OF 1991 - Newspaper Racks Councilwoman Pendleton moved to continue this ordinance to October 28, 1991; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards said she would like to have some progress reports on this item during the next 90 days. 6 Regular Meeting Aspen City Council July 22, 1991 ORDINANCE #27, SERIES OF 1991 - West Hopkins AH Rezoning Councilwoman Pendleton moved to table this to August 12, 1991; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #28, SERIES OF 1991 - PUD Amendment Clarendon Leslie Lamont, planning office, reminded Council at first reading they wanted to know whether the Clarendon was a non-conforming use. The underlying zoning is R-6 mandatory PUD. Multi-family is not a permitted use in the R-6 zone. The non-conforming section of the code prohibits extensions to a non-conforming use. Ms. Lamont told Council she has reviewed the history of the Clarendon. The Clarendon was originally approved September 1975. Because they did not file their plat, in January 1976 they got a re-approval for 15 units; 9 two-bedrooms and 6 three-bedrooms. In 1974, Ordinance #13 zoned this parcel R-6 mandatory PUD. The PUD language at the time of the Clarendon's approval allowed the development to "consist of individual lots and/or have common recreation open space surround- ing clustered buildings". In addition, the code also stated that a final PUD development plan "binds the real property to those conditions listed by the final development plan and rezones such a property as stated in the final development plan". Ms. Lamont said the current PUD language does not allow clustering. The code does require, "maximum density shall be no greater than that permitted in the underlying zone district". Ms. Lamont said the original approval for the Clarendons was a conforming use and recordation of the final development plan constituted a rezoning and the develop- ment regulations for that property. The Clarendon is proposing to add floor area but no more units, to add one bedroom each to the 5 two-bedroom units and living room space. The total square footage requested is 6, 715 square feet. The allowable floor area in the R- 6 zone is 32,109 square feet; the proposed FAR with the additions would be 31,073 square feet. Ms. Lamont said mandatory PUD allows staff to review parking. The Clarendon proposes adding 1 more parking space which will give them 2 spaces per unit. The R-6 zone requires one space per bedroom; however, the PUD language in the codes gives the ability to require parking and reduce it. The Clarendon provides a manager operated shuttle. They have a pass system; one pass per car per homeowner with the second pass to be used for guests. Given the Clarendon's proximity to the lifts and to downtown, staff is recommending the parking requirement be reduced to two spaces per unit for a total of 30 spaces on site. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 7 -- Regular Meetinct Aspen City Council July 22, 1991 Councilwoman Richards asked about waiving the need for additional parking spaces and in 5 years the pass system falls apart and the shuttle system is not running. What is the city's ability to review the parking situation. Ms. Lamont told Council P & Z had similar concerns. With this PUD amendment, the applicant is required to submit a plan showing the site changes. They also have to amend the PUD agreement. They are going to reflect the language about the pass system and the shuttle in the PUD agreement. The agreement cannot be changed by the homeowners. Councilwoman Richards asked if there is any employee mitigation that goes along with these extra bedrooms. Ms. Lamont said residential growth management is based on the number of units, not bedrooms. If the Clarendon wanted to add more units, they would have to go through growth management. Councilman Peters asked if Council could require a parking-in-lieu fee to be waived pursuant to the policies that have been implemented by the condominium association and the city could go back in the future if these policies are not in place. Amy Margerum, planning director, pointed out it is a condition of this approval and is in the ordinance that the Clarendon has to have a shuttle system. If the Clarendon ceases to use that system and there is a parking problem in the neighborhood, the city has the ability to go back in and either require the shuttle service, add more parking, or have the Clarendon pay the fees. Councilwoman Richards suggested spelling out these alterna- tives in the ordinance. Ms. Margerum said this language could be in the PUD agreement rather than the ordinance. Councilwoman Richards moved to adopt Ordinance #28, Series of 1991, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Reno, yes; Peters, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. RIO GRANDE CONCEPTUAL SPA Leslie Lamont, planning office, told Council this is two step process, and this is the public hearing of the conceptual review for all 3 applicants. The SPA review is a 4-step process; conceptual, P & Z Council and Final P & Z and Council. Ms. Lamont recommended Council look at every applicant conceptually. When each individual applicant is ready for final, they will submit their own application in their own time frame. Ms. Lamont said there are proposals from the art park, theatre company; the trolley car barn; and the snowmelt facility. The public works department would like to set up a work session with Council to go over the snowmelter, alternative locations, and all materials that has been gathered to this point. Ms. Lamont showed Council a plan of the area containing the library, park, youth center, site 1 old impound lot which is currently the recycling facility and is currently the proposal for 8 Regular Meeting ___ __ Aspen City Council July 22, 1991 the trolley car bar; site 2 is where the snow melter and snow dump are located; site 3 containing the art park and the existing temporary theatre tent. Ms. Lamont told Council in 1988 a conceptual SPA review was conducted for the entire Rio Grande site. This focused on the library, parking garage and youth center. The trolley applicants are proposing a 7,000 square foot car barn with the ability to build 5700 square feet of employee housing on the second floor. The trolley applicants are not proposing the housing but are saying they will build a building that can hold housing on the second floor. Ms. Lamont pointed out this is currently the recycling facility; staff and P & Z recommend that future plans for the car barn need to incorporate recycling. The trolley proposes to circle the Rio Grande ball field with tracks, poles and wires in order to have a continuous loop with stops by the art park and Mill street and up between the jail and youth center. Staff recommends circling the field be eliminated. The route and trolley system will be looked at in the final SPA application. Threshold issue for the trolley is whether a car barn is an appropriate land use for this site. Council has the ability to grant a GMP exemption for essential public services; however, Council does not have the ability to negate employee mitigation in a GMP exemption. P & Z recommended approval of the car barn and that the trolley applicants continue to work with the recycling group. The art park and theatre propose a 5 year improvement plan with gazebo, riverfront enhancement with bridges over to the island, and a 6400 square foot theatre with 200 seats. They are proposing 4400 square feet of affordable housing within the theatre building. The applicants are asking for temporary approval to expand the existing tent to 60 by 80 feet and to build a 250 square foot storage shed on site and 2 composting toilets on site. The threshold issues for the theatre are is this an appropriate site for a permanent theatre building; does the community need another theatre building in town; is their method of employee housing mitigation appropriate. P & Z recommended approval of the theatre but not the employee housing located on site. Ms. Lamont told Council there is one snow melter and a 1, 000 square feet pit; a pond and sand filter for water treatment, which is about 1/4 acre and a snow storage area which is about 5/8 acre. The P & Z recommended to deny the continued use of the snow melter facility and to remove it by the 1991-92 season. Staff recommends a work session on the analysis by public works department on the snow melt. Staff is concerned about denial of a use where there is not an alternative location. Harry Teague, representing the art park, showed slides of the art park, the theatre, surrounding area, 1988 conceptual Rio Grande 9 Regular Meeting Aspen City Council July 22, 1991 plan. Jon Busch, representing the trolley car barn, showed slides of trolleys, their operations, trolleys and pedestrians together. Carol O'Dowd, city manager, told Council the snow melt facility is an essential public service. Staff would like to meet with Council in a work session to go over alternatives. Council scheduled a work session August 14th at 5 p.m. to go over all aspects of this SPA. Mayor Bennett opened the public hearing. Mead Metcalf told Council he has been a trolley supporter from the beginning. Metcalf said he feels this will be an asset to the community and will be well received. Ramona Markalunas, on behalf of the Western Slope Railroad, entered a letter into the record in support of the trolley. Ms. Markalunas asked if the theatre group has had soils tests done on the property; what is the water level. This fill land was put there in the last 20 years, and is that land actually buildable. Ms. Markalunas said beside the Wheeler Opera House, the Aspen schools now have a 500 seat theatre and the city has recently approved a 500 seat facility near the music tent. Ms. Markalunas said people who worked on the greenway plan in the early 70s had the concept that the river would always be a people place. Bob Grueter said people to do not like ride buses because they do not know where they are going to go. People like to ride trolleys. Camilla Sparlin supports the trolleys as an integral portion of mass transit in the valley. Jim Markalunas, trolley supporter, suggested Council reconsider the restoration of hydroelectric power for Aspen. This could be used to power the trolleys. Don Swales supports the trolleys and agrees with using hydroelectric to secure the city's water rights and to provide power. Marvin Jordan supports the trolley and told Council citizens have been promised a cross town shuttle since the parking garage was in the conceptual stage. This should be implemented with a trolley. Person said he is a trolley supporter; he questioned the need for another performing arts theatre in the community. Councilman Peters moved to continue the public hearing to August 26th; seconded by Councilwoman Pendleton. Councilman Peters suggested a copy of the SPA application be at the library. This should be included in the notice. Councilwoman Richards asked if the theatre company is planning on raising their own funds. Teague said the funds will be raised privately. Teague said the need for a theatre is well established. Councilwoman Pendleton asked for some information and history of the greenway plan. Ms . Lamont said the issues for the art park and theatre are the employee housing on the site. Is a permanent building an appropri- 10 -- Regular Meeting Aspen City Council July 22, 1991 ate land use for this use. The theatre company needs Council to either approval or disapprove temporary expansion of the tent and storage facility. P & Z made a condition of approval that the applicant has to be very clear of their funding source and its longevity. For the trolley, the review is to get the conceptual idea of a trolley system up for discussion; should this be discussed; is this an appropriate use for this site. The site is unique as there are a couple of route alternatives off this site. Councilwoman Pendleton agreed the idea of a trolley system should not wait to final review. Susie Langenkamp said the employee housing for the theatre will actually be "artist accommodation". The theatre does not have employees but needs temporary housing. All in favor, motion carried. RFTAjSKI CO SKIER SHUTTLE Carol O'Dowd, city manager, told Council city staff, Ski Company, RFTA and Town of Snowmass Village held a meeting today. Snowmass Village Board is reviewing the excise tax issue at their meeting. Ms. O'Dowd presented Council a resolution calling for a special election. There is also a request for a work session with RFTA to discuss the costs for a skier's shuttle, costs for an expanded shuttle. Ms. O'Dowd said staff needs to review with Council the language of the ballot question, distribution of the use of the funds by the cities, a common ballot and ordinances, and to look at other financing options and strategies. Council scheduled a work session July 24 at 5 p.m. in Snowmass. Councilwoman Richards said she is concerned about coordinating with the county if they are going to impose an impact fee. If Council schedules an election, is this pushing the county. Caswall suggested if Council is concerned, they can table the scheduling of the election until they have met with the county. Caswall pointed out the city has to schedule 60 days ahead so they have to move before the county or Snowmass Village, who only have to give 30 days notice. Councilman Reno asked if the excise tax raises necessary funds for RFTA to get the skiers shuttle activated or can this wait two weeks to find out what Snowmass is going to do. Councilwoman Pendleton said this election can be scheduled and then either postponed or canceled. Councilwoman Richards asked if other ballot issues can be added to this election. Caswall said if they are defined and written within the next 30 days. Councilwoman Pendleton moved to adopt Resolution #30, Series of 1991, calling a special municipal election for September 24; seconded by Councilman Peters. All in favor, motion carried. 21 - Regular Meeting Aspen City Council July 22, 1991 Councilman Peters moved to direct the city manager to contact the Town of Snowmass Village regarding this action; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #29, SERIES OF 1991 - Appropriations Dallas Everhart, budget director, pointed out this appropriation ordinance reallocates the pay for performance raises, which are included in the initial budget approved by Council. Everhart said $152,000 was budgeted; this ordinance reallocates $137,900. Everhart said there is also a general fund transfer of $150,000 to the city hall capital improvement fund. This relates back to 1990 budget savings, not change in fund balance. Everhart told Council the staff has already appropriated $150,000 which went into a fund within the general fund that can be spent in 1991 for making improvements. The second $150,000 is a transfer to the capital fund; it is not for safety improvements. Councilman Peters said this is a total of budget savings for $300,000 from 1990. Councilman Peters asked what the difference between savings and carry forward is. Everhart explained that carry forward is a budget brought forward from one year to another for a project that was not completed in that calendar year. Everhart said this is for specific projects or purchase orders. Councilwoman Richards asked if savings are at the expense of personnel, like raises or bonuses. Everhart said no, and the reason there are savings is because of the budget controls. Carol O' Dowd, city manager, told Council the city' s budget is a conserva- tion one, that every position will be filled, every supply used, and everyone will get a raise. As a result, every year there is a savings. Everhart said with a $9 million budget, there was a $300,000 savings. Mayor Bennett said he would like to encourage savings in departments, like utilities phone use and supplies. Councilman Peters said this adds up to $300,000 being appropriated without seeking the opinions and consent of this Council. Councilman Peters said the budget savings are commendable; however, Council should look at range of places budget savings may be spent . There are a lot of interests for this money. Councilman Peters said he was not elected to turn this choice over to staff. Everhart pointed out this ordinance transfers the money to the capital improvement fund; there is no appropriation to spend it. Everhart said this ordinance can be amended before second reading. Councilwoman Pendleton asked about the expenses in the housing/day care fund. Everhart said when Council approved the housing authority's budget, there were certain revenues and expenses related to the authority. This ordinance matches the city's housing/day care fund expenditures to that approved in the authority's budget. Councilman Reno pointed out his firm has had 12 Regular Meeting Aspen City Council July 22, 1991 an involvement with city hall and asked if his participation in this discussion is a conflict of interest. Jed Caswall, city attorney, suggested Reno abstain. Council said they would like to hear Reno's comments. Councilman Reno agreed with Councilman Peters; that Council needs to decide where the "savings" are to be spent. Mayor Bennett said he would like to know which departments saved this money; what were they thinking; how much is really a savings. Everhart said 60 percent of the city's budget is personnel. Because of turn over, there will always be savings. Councilwoman Pendleton said her perception, when Council voted not to use the land fund for city hall, was to use savings in the general fund and to earmark these for city hall renovation. Councilwoman Pendleton said the city hall fund has to be built up in order to get anything done with city hall. Councilman Peters agreed the effort was to save a little money here and there from each department; since then this fund has fluctuated up to $500,000 and down to $300,000. Councilman Peters said he is concerned that the amounts are so significant. Councilwoman Richards moved to suspend the rules and extend the meeting for 30 minutes; seconded by Councilwoman Pendleton. All in favor, motion carried. Everhart said the $150, 000 can sit in the general fund until budget time and the ordinance will be reflected to show that by second reading. Councilman Peters moved to read Ordinance #29, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #29 (Series of 1991) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $15,600; APPROPRIATING GENERAL FUND EXPENDITURES OF $43,600; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $140,950; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $1,000 TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING $150,000 FROM THE GENERAL FUND TO THE CITY HALL CAPITAL IMPROVE- MENT FUND; APPROPRIATING TRANSPORTATION FUND EXPENDITURES OF $8,950; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $11,000; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $2,300; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $2,300; RECOGNIZING HOUSING DAYCARE FUND REVENUES OF $104,000; APPROPRIATING HOUSING DAYCARE FUND EXPENDITURES OF $327,532; APPROPRIATING WATER FUND EXPENSES OF $33,000; RECOGNIZING GOLF COURSE FUND 13 - Regular Meeting Aspen City Council July 22, 1991 REVENUES OF $5,000; APPROPRIATING GOLF COURSE FUND EXPENSES OF $5,000; RECOGNIZING ICE GARDEN FUND REVENUES OF $17,000; APPROPRIATING ICE GARDEN FUND EXPENSES OF $8,200; APPROPRIATING TRUSCOTT PLACE HOUSING FUND EXPENSES OF $122,300 was read by the city clerk Councilman Peters moved to adopt Ordinance #29, Series of 1991, to be amended on second reading as discussed; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, abstain; Peters, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. Councilman Peters said he does not feel Reno has a conflict on budgetary matters. Mayor Bennett agreed. BUDGET POLICIES Dallas Everhart, budget director, presented a budget hearing schedule to Council for their adoption. Schedule B starts October 8, is more condensed, fewer hours overall with longer meetings. Councilwoman Pendleton moved to approve scheduled B; seconded by Councilman Peters. Councilwoman Richards said she would like Council to have the opportunity to have discussions with departments on new projects Council would like to see them budget, for instance the city having their own striping program. Carol O'Dowd, city manager, said staff can get the budget workbook out to Council earlier and Council can ask for any projects that are not in there. Councilwoman Richards suggested staff include any items that have been discussed in the past but that there has not been funds to do . Ms . O' Dowd suggested staff hold an information work session on the budget process, issues that were reviewed last year. All in favor, motion carried. ORDINANCE #31, SERIES OF 1991 - Amending Fire Code Councilwoman Pendleton moved to read Ordinance #31, Series of 1991; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #31 (Series of 1991) AN ORDINANCE AMENDING SECTION 9-3 OF CHAPTER 9 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SUCH SECTION ADOPTING AND AMENDING CERTAIN PROVISIONS OF THE UNIFORM FIRE CODE, 1988 EDITION was read by the city clerk 14 Reaular Meetinct Aspen City Council July 22, 1991 Ed VanWalraven, fire department, told Council this amendment is any house built over 5, 000 square feet, 5 minutes from the fire station or geographically undesirable shall have an approved, listed residential fire sprinkler system installed. Mayor Bennett asked what this will add to the cost of a house. VanWalraven said $.75 to $1.50 per square foot depending on how elaborate it is. Councilman Reno said he is concerned about the 5 minute rule and would feel more comfortable with a geographic vicinity map. Councilman Reno asked if this is just single family. VanWalraven said it is any structure. Councilman Reno pointed out this amendment will add costs to employee housing. Councilman Peters said not a lot of these will fall within the city limits; however, there are benefits in having the city and county codes similar. Councilman Peters agreed on the geographic area; who is going to decide, what are the standards, etc. VanWalraven said insurance companies are giving credits for sprinkled buildings. Councilman Peters moved to adopt Ordinance #31, Series of 1991, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. Councilman Peters moved to suspend the rules and extend the meeting for 15 more minutes; seconded by Councilwoman Richards. All in favor, motion carried. REQUEST FOR ENCROACHMENT PIONEER PARK Bob Gish, public works director, requested this be taken off the agenda and put on the next consent agenda. Councilman Reno moved to continue Pioneer Park to August 12 and place it on the consent calendar; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE # 3 3 , SERIES OF 1991 - Eastwood Road Public ROW Dedication Councilwoman Pendleton moved to read Ordinance #33, Series of 1991; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #33 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ACCEPTING THE CONVEYANCE AND DEDICATION OF THE EASTWOOD ROAD AS A PUBLIC RIGHT-OF-WAY AND FOR UTILITY EASEMENT PURPOSES was read by the city clerk Rob Thompson, engineering department, told Council this area was annexed recently; the road was maintained by the county as a 15 Regular Meeting Aspen City Council July 22, 1991 private road. The road needs to be a public right-of-way in order to have the city maintain it. Thompson told Council 100 percent of the owners have agreed. Councilwoman Pendleton moved to adopt Ordinance #33, Series of 1991, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. BURNT MOUNTAIN PROPOSAL Councilwoman Richards said the letter is good and it is appropriate for the city to stay in touch with Snowmass Village about the Burnt Mountain development. Councilwoman Richards said it is difficult to evaluate the Burnt Mountain proposal without the information that would be provided in an EIS and without understanding what is the eventual commercial and residential buildout of East Village. Councilwoman Pendleton said Aspen will be impacted as much as Snowmass will be by this development. Councilwoman Pendleton asked if there is a possibility Aspen can get involved in the planning of this. Amy Margerum, planning director, said the city can get involved when the EIS comes out. The county and planning office staff have advised Snowmass they feel this should not be reviewed conceptually without benefit of the information that would be available in the EIS. The Snowmass land use code allows them to proceed with conceptual approval with very little information. The county and Snowmass Village have come to an agreement to allow Snowmass to go ahead conceptually but puts on record the county will participate when they have more information. Councilwoman Pendleton asked how the city can say they would like an EIS done during conceptual. Ms. Margerum said the letter can state that the city understands Snowmass's policies; however, the city is concerned that the information is not available. Mayor Bennett said the forest service has indicated they want to hear the city's position. Jed Caswall, city attorney, suggested the Council put this in their letter to Snowmass. Ms. Margerum said the transportation will particularly affect the city of Aspen. The application has been bifurcated; they have a gondola going to nothing; the application includes no parking and nothing at the base of the gondola. Ms. Margerum said the city should try and work with Snowmass and to educate them to Aspen's concerns. Ms. Margerum suggested a city P & Z member be appointed to attend the Burnt Mountain meetings to ask questions and to raise the level of awareness. Ms. Margerum said she will add some additional statements on the EIS process to the letter and information up grant on the cumula- 16 Regular Meeting Aspen City Council July 22, 1991 tive effects and the bifurcated process. Staff will also sent this letter to Tom Hoots of the forest service. Council agreed. Councilwoman Pendleton moved to adjourn at 9:55 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 17