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HomeMy WebLinkAboutminutes.council.19910812Regular Meeting Aspen City Council August 12, 1991 OUTSTANDING EMPLOYEE BONUSES 1 PROCLAMATION - Welcoming the Czechoslovakian Delegation 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 3 CONSENT CALENDAR 6 LIQUOR LICENSE RENEWALS 6 SPECIAL EVENT PERMITS 6 ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler 6 ORDINANCE #17, SERIES OF 1991 - Tagert Lot Split 7 ORDINANCE #27, SERIES OF 1991 - West Hopkins AH Rezoning 11 ORDINANCE #29, SERIES OF 1991 - Appropriations 11 ORDINANCE #31, SERIES OF 1991 - Amending Fire Code 12 ORDINANCE # 3 3 , SERIES OF 1991 - Eastwood Road Public Right-of- way Dedication 12 BALLOT LANGUAGE EXCISE TAX 12 ORDINANCE #32, SERIES OF 1991 - Roller Blades 13 PROPOSED FNMA FORECLOSURE PROCEDURES 14 ENCROACHMENT REQUEST - Rigsby 1006 East Cooper 14 CITY HALL FUNDING REQUEST 15 RESOLUTION #33, SERIES OF 1991 - Ute Avenue Improvement District 15 YOUTH CENTER CONTRACT 17 ORDINANCE ##34, SERIES OF 1991 - Lone Pine Condo Plat Amend- ment 18 20 - Regular Meeting Aspen City Council August 12, 1991 Mayor Bennett called the meeting to order at 5:08 p.m. with Councilmembers Richards, Reno, Pendleton and Peters present. OUTSTANDING EMPLOYEE BONUSES Mayor Bennett and Council presented outstanding employee plaques and checks to Lee Cassin, environmental health department, in recognition of her work on the auto inspection and maintenance program; to Mike Galvin, golf department, in recognition of his persistence to bring an out of date irrigation system up to 100 percent capacity; to Hall Parrot, golf department, for his willingness to assist with electrical problems and his expertise in carpentry; to Tony Maddalone, electric department, for his work in installing all the radios for the city and saving money; to Carolyn Herwick, streets department, for her extra hours to get the city's new fleet maintenance system on line. PROCLAMATION - Welcoming the Czechoslovakian Delegation Mayor Bennett and Council declared the week of August 12th Czechoslovakia week in honor of the visit of the foreign minister of Czechoslovakia. CITIZEN COMMENTS 1. Richie Cohen, representing the Aspen Villas, told Council he has been working with the planning office to get approval for a trash, utility and recycling area. Cohen said during the process it was discovered the Villas are 2' 2" by 18 feet short in their parking spaces. Cohen told Council they had a survey done and the area the Villas intend to put into parking is on city property. The original platting was incorrect. It was also found that of the city's bike path connecting Bleeker street to Hallam approximately 560 feet is outside the 10 foot easement given to the city. Cohen proposed two encroachment licenses to correct this situation. Carol O'Dowd, city manager, said staff has not researched this; they will and report back to Council. 2. Mary Ann Myers, representing the Aspen Winter Club, told Council they are having a barbeque August 27th from 5 to 8 p . m. Ms. Myers requested the parking lot on the side of the building, which is owned by the city, be roped off for guests. Mayor Bennett directed staff to handle this. 3. Mac Cunningham brought up the dust on the city's streets, concern over pollution and what is causing it. This is a major problem. Cunningham told Council he has talked to local doctors; there is a greater incidence of ear, nose and throat irritation here than other places in the state. Cunningham encouraged Council to tackle the problem now rather than wait until the middle of 1 Regular Meetn_q Aspen City Council August 12, 1991 winter. Mayor Bennett said Council has asked for a report from staff on various alternatives. Councilman Peters said some of the solutions will have to be directives from Council, like no parking on Main street, and Council should be working on this. 4. Phoebe Ryerson suggested a stop light at Clark's Market entrance and Mill street. This is a very congested area and very dangerous. 5. David Bruton said parked cars are flowing into the residential neighborhoods. Bruton suggested signs be posted, no parking except for residents, and that people be encouraged to use the parking garage. Bob Gish, public works director, told Council this is incorporated into the pedestrian plan. 6. Leon Fell, representing the Mother Lode Volleyball tournament, told Council they had asked the Eagle's Club to take care of the beer sales this year. The Eagle's Club request Council consider special event permits for Wagner Park and Koch Park, September 1, and 2, 1991. Kathryn Koch, city clerk, told Council these special event permits have not been posted. Jed Caswall, city attorney, told Council the reason for posting premises is so that adjoining property owners can come and object. There is no provision in the state law that allows Council to issue a special event permit without posting and going through the appropriate procedures. Councilwoman Richards said without posting, it sounds like this may place too much liability on the city. Councilman Peters agreed he is not enthusiastic about exposing the city to this liability. Councilwoman Pendleton said she is on the Partnership for a Better Community and suggested this may be the time and place to have an event without having to sell alcohol. It may be time to start changing attitudes. Fell pointed out that certain sporting events, such as volleyball, are associated with sun, sand and beer. One of the sponsors is a beer company. Fell told Council they had hired a production company to put on the event; this company failed to secure all the sponsors for the volleyball tournament, which has put the event in jeopardy. Fell said the event over Labor Day weekend helps to enhance Aspen. They are expecting 300 teams and 5,000 people. Fell told Council there has been tremendous support from the retail community. Fell said the event is in trouble financially; at this time they are looking for a cure. After the event, they will have time to address a cause for this problem. The budget for the event is $35,000 and they are short $15,500. Councilman Peters moved the city grant $2 , 000 matching grant to the Mother Lode Volleyball tournament out of the contingency funds to be given only after they have raised the additional $2,000; seconded by Mayor Bennett. 2 Regular Meeting Aspen City Council August 12, 1991 Councilman Peters said the city has sponsored other sporting events in the past that have community interest, like the bicycle races. Mayor Bennett said this is an Aspen tradition; it has been going on for 19 years. All in favor, motion carried. Council directed staff to see what can be done about the special event permits including having the premises posted for 10 days. COUNCILMEMBER COMMENTS 1. Councilman Reno said he attended a Nordic council meeting. The Nordic council needs a new intergovernmental agreement with Snowmass Village and Pitkin County, who in the past have agreed to fund certain items. The Nordic council needs to replace some equipment and would like staff to begin work on this. 2. Councilman Reno gave a big thanks to the Danny Sullivan golf tournament, which raised over $200,000 for junior golf. This event really helps a good community program. 3. Councilman Reno thanked the police department and paramedics for emergency response which involved his daughter. 4. Councilwoman Pendleton told Council she attended a Ruedi Water Power and Authority meeting last week to discuss the problem of the additional 10,000 acre feet the BOR is planning to release out of Ruedi. Ruedi WAPA voted unanimously to file a temporary restrain- ing order on the release of additional 10,000 acre feet. The Board felt to not say anything about the additional 10,000 acre feet might give the BOR carte blanche to up the ante next year. WAPA also discussed an injunction against any future sales in the second round water sales of water and not having them require on-site storage . People below who would want to divert water would have to provide on-site storage for the water so that it can be released at different times of the years and not have such a dramatic effect on Ruedi. Councilwoman Pendleton said WAPA is trying to come up with a package to have water for recreation, take care of endangered species, and to sell water to people who need it. Councilwoman Pendleton told Council the cost of the temporary restraining order and the injunction could be about $75, 000. There is $35, 000 in the WAPA fund and there is also money from power sales which WAPA can borrow against. 5. Councilwoman Pendleton brought up the ACRA audit. Councilwom- an Pendleton said she thought Council was going to figure out limits on money rather than just singling out one organization to audit. Councilwoman Richards said staff has proposed that during budget hearings, groups requesting funds will be presenting their 3 ~- Regular Meeting Aspen City Council August 12, 1991 budget. Council agreed to take ACRA audit off the consent agenda and make it IX (j) . 6. Councilman Reno requested Kraut rezoning be taken off the consent agenda and make it IX(k). 7. Councilwoman Richards said Council received information about intersections that will be painted this summer. The intersections on Durant, especially near the gondola, need to be painted. Councilwoman Richards asked what the schedule is. Carol O'Dowd, city manager, said the city paints the crosswalks twice a year, in the spring and fall. Councilwoman Richards said summer is the highest pedestrian months and asked staff to look into painting the crosswalks in the spring and summer. 8. Councilman Peters said during a recent discussion with the housing authority, it was pointed out there is a lack of coordina- tion between the city and county on the land use codes on how growth management applications are scored. Councilman Peters requested staff review the city and county scoring methods and come back to Council with some suggestions on how these might be coordinated to have a consistent approach between the city and county. 9. Councilman Peters said Council scheduled interviews with the rails and trails task force appointees. This did not happen. Councilman Peters said he would like this rescheduled. City Clerk Kathryn Koch told Council she would like to set up interviews for vacancies on P & Z and the Wheeler Opera House Board as well. 10. Councilman Peters suggested the city respond to some of the allegations made in the letter to Senator Wirth about the SSC contract being in breech. Jed Caswall, city attorney, told Council he has disagreed with the EPA on this . He will put this in writing for the EPA. 11. Councilman Peters said Northwest Colorado Council of Govern- ments has requested a meeting with city staff and Council September 25th at 3:30 to discuss their programs. Councilman Peters said one method of financing community development projects are mineral impact grant funds. Many counties are very active in applying for and receiving these funds. Councilman Peters said the director of local affairs is considering letting the COG board process grant applications. This may mean up to $1 million of mineral impact grant funding in this region. Councilman Peters said there is also a COG Board meeting September 26th at the Pitkin County Senior Center. 12. Councilman Peters said the school district has suggested they may be interested in making the red brick school building available 4 Regular Meeting Aspen City Council August 12, 1991 to the city on a lease basis for the costs of heating and maintain- ing the building. Councilman Peters said he feels this is worth some staff time to pursue this. Staff has looked at some programs that could be run out of the gymnasium. Council supported this. 13. Councilman Peters asked about the Aspen Highlands easement on the consent agenda. Councilman Peters said he would like an update from staff on the overall progress and planning the 1041 review, additional easements necessary to complete the pipeline. Council agreed. 14. Mayor Bennett asked how Council wants to follow up on the housing meeting. Councilman Peters said he wanted an overview of how Jonathan Rose had provided services to communities like Aspen. Councilman Peters said he would like information back from Rose on his involvement both as a consultant and as a paid developer. Councilwoman Pendleton said she would like to meet Rose again and work on creative ways of financing. Councilwoman Pendleton said she is not interested in having the city go into the housing business. Councilwoman Richards said she is concerned about narrowing the field to one individual who is in the development business. Councilwoman Richards said Council should define what they are meeting with Rose about. 15. Councilwoman Pendleton said there is a work session August 15th on the Rio Grande conceptual plan. Council will meet at 5 p.m. at the Parking Plaza for a site visit to discuss each individual project. 16. Assistant City Manager Bill Efting said there have been a lot of golf tournaments this summer. Too many tournaments could be a problem at the course. Staff is watching this. 17. Carol O'Dowd, city manager, told Council the city has once again received the distinguished budget award from the governmental finance Officers of American. This is the highest form of recognition given by the GFOA. 18. Carol O'Dowd, city manager, told Council the Colorado Department of Transportation is doing an analysis on the Maroon Creek Bridge. They are concerned about the load limit on the bridge. The bridge will be posted 25 mph while they do their analysis. 19. Carol O'Dowd, city manager, requested a 30 minute study session August 15th at 4:30 p.m. on the MCDC water contracts. 20. Carol O'Dowd, city manager, told Council the Department of Transportation is willing to schedule some work on Main street at night. Council indicated they are not in favor of this. 5 Regular Meeting Aspen City Council August 12, 1991 CONSENT CALENDAR Councilwoman Pendleton moved to approve the consent calendar as amended; seconded by Councilman Peters. The consent calendar is: A. Minutes - May 20, July 8, 1991 B. Encroachment Request - Pioneer Park C. Consent to Assignment of Encroachment - Mountain Chalet D. Aspen Highlands Ski Corporation Easement E. Resolution #31, 1991 - Extension of Deadline to record plat - Marolt Housing F. Ratification of Shimukappu, Japan, as Sister City All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Reno moved to approve the liquor license renewals for Legends of Aspen; Lucci's; Carl's; Cache Cache; Smuggler Land Office; seconded by Councilman Peters. All in favor, motion carried. SPECIAL EVENT PERMITS Councilman Peters moved to approve the special event permits for St. Mary's Church; Aspen Winter Club; Aspen Writer's Foundation; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler Councilwoman Pendleton said the city has got to keep the pressure on. Councilwoman Pendleton said there ought to be a way to get loans for people in the site or to help with financing. Councilman Peters agreed it is important for the city to keep the pressure on by keeping interest up in resolving some of the health problems and to budget the 10 percent for health studies. Tom Dunlop, environ- mental health department, told Council he has lists of lead experts from around the country who may be able to serve on an advisory panel. Dunlop said the ideal time for a lead study is late summer/early fall. Dunlop recommended against rushing this study; there is no funding, the protocol is not even set up. Mayor Bennett suggested the city continue lobbying; write a letter to the EPA asking for a response and reply to the copies of the letter sent to Senator Wirth and the one from FNMA to EPA, and to tell the EPA what the city is doing for mini-controls; the city ought to continue pursuing their own health studies and to put up 10 percent funding during budget time; the city ought to do some type of controls; and continue the EPA institutional controls to about 6 months. Councilwoman Pendleton said she would like to have 6 Reaular Meetina Asuen Citv Council August 12, 1991 a designated group to keep this pressure on so that it does not get lost in all the other issues of the city. Councilwoman Richards agreed Council should divine what they want the outcome of the lobbying effort to be, and to set a timeline for this effort. Councilwoman Richards said she would like the city attorney to draft a letter to FNMA about the financing difficulties of the free market units in the site. Councilwoman Richards said the city should continue to work with Nancy Mangone who has been a strong advocate for the homeowners with FNMA. Mayor Bennett urged the lobbying focus be to get an independent health study. Councilwoman Richards said she would like to define what type of health study this will be and to outline more specifics. Mayor Bennett suggested Dunlop and the citizens group create a critical path of the lobbying effort, health studies and other involvements with the EPA. Council agreed they would like a report at least once a month. Jed Caswall, city attorney, said staff has been in contact with a group, Clean Sites, who have made a formal offer for 50 hours of work with Aspen. Caswall asked for Council's authorization to negotiate a contract for this 50 hours. Council agreed. Caswall reminded Council this is a continued public hearing on the adoption of institutional controls. Caswall reiterated Council does not feel comfortable in adopting these controls; one major reason is the city has asked for specific information from EPA to help in the deliberative process. The EPA has failed on several points to provide this information, which Council has determined is essential in making an informed choice on this ordinance. Staff has not had any explanation on why the information has not been forthcoming or if it will be forthcoming. In light of this, Council does not feel comfortable adopting this ordinance and would like to continue it for 6 months during which time staff will be in contact with EPA to try to get answers to questions previously submitted. Councilman Peters said he found it interesting to hear the most unanimous, vocal opposition to Council passing these controls. Councilman Peters moved to continue consideration of the institu- tional controls to February 10, 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #17, SERIES OF 1991 - Tagert Lot Split Mayor Bennett stated several Council members have visited the site; some Council members visited the site with neighbors. Mayor Bennett said Council informed the city attorney of this visit and offered to also visit the site with the applicants. Spence Schiffer, representing the applicant, told Council the stakes identifying the property were not accurately placed. Lot 2 has 7 Regular Meeting Aspen City Council Auqust 12, 1991 been resurveyed. The stakes were not properly identifying the building envelope; also the grade has been changed. Schiffer requested the opportunity to restore the grade and flag the building envelope. Mickey Herron told Council there are two lots in the Tagert lot split; Schiffer represents the owner of lot 2 and he represents the owner of lot 1. Herron said if the agreement regarding lot 1 is acceptable, they do not need a site visit. Jed Caswall, city attorney, entered into the record a letter from Spencer Schiffer dated August 8, 1991. Kim Johnson, planning office, told Council this is a plat amendment for the Tagert lot split plat. This is a one step process at Council, who has the discretion to approve, deny or approve with conditions. This is located at the end of West Smuggler on the bluff overlooking Sneaky Lane. There are two 16,000 square foot lots; total area is about 3/4 acres. The applicants are the owners of both lots 1 and 2. Ms. Johnson said the lot split was approved by Council in 1988. Because of neighborhood concerns, specific conditions included building envelopes and a plat note that required any manmade or landscape features to be constructed within the building envelope were included. There was an access easement granted for the benefit of lot 2 across the panhandle section of lot 1. Smuggler street approaches a downhill curve at that point; the engineering department maintained that would not be an appropriate location for a driveway access. Both lots were to access off a shared driveway on the east side of lot 1. This spring the owner of lot 2 submitted plans to the building department. It became apparent that the plat note requiring all manmade or landscape features be in the building envelope was being violated by the proposed patio areas, stairways and window wells. Ms. Johnson told Council she and zoning staff made a site visit. The house already constructed on lot 1 also violated the building envelope. There was a below grade patio area along the west side; during the plan process, these were depicted as window wells. Ms. Johnson said the problems were the existing patios on the lot 2 site; the owner of lot 2 wanted to develop manmade features outside of the proposed envelope; the approved access had not been drawn in on the approved plat. Ms. Johnson told Council staff told the owners to begin a plat amendment process to get an access easement platted; to legitimize the existing below grade patios on lot 1; to establish limits for development for lot 2 along the west side in the spirit of the original approvals. Ms. Johnson said the neighbors are concerned that any approvals that loosen the original conditions will generate further noise and visual impacts. Ms. Johnson suggested deleting the original condition regarding manmade features and replace it with "any manmade features, including but not limited to, window wells, retaining walls, pools, patios, etc., along the west side of lot 2, must be constructed 8 Regular Meeting Aspen City Council August 12, 1991 within the building envelope". This specifically addresses the fact that lot 2 is currently a vacant lot. Staff feels that the particular plat note was in effect restricting that development, and that limitation should be kept on that lot. Condition #5 states no further development, including but not limited to window wells, retaining walls, pools, patios, etc. shall be permitted on the west side of lot 1". Ms. Johnson said this locks in current development as it exists now. Condition #6 revises the language regarding landscaping, "The planting of trees, bushes and other vegetative matter will be permitted out side of the building envelopes". Condition #7 would state, "an easement is granted over the driveway which is part of lot 1 for the benefit of lot 2", specifically reestablishing the easement that did not get drawn on the plat before it was filed. Bonnie, Design Workshop, showed drawings about the intent of the building envelope, screening. Bonnie said the designers also attempted to provide the applicants with an outdoor living space. Bonnie showed the original plan and an alternative moving the outdoor space east . Bonnie noted the terrace and pool are at grade level so nothing projects over the slope. The slope is not disturbed. The alternative plan reduces the lawn area. The terrace area is recessed from grade 1.5 feet. Bonnie showed cross sections and pointed out there is 55 feet of grade separation between the floor levels of buildings down on Sneaky Lane and the proposed new building. Spencer Schiffer told Council one issue is whether the owners of lot 2 can use their back yard in a way that has no adverse impact on anyone else. Schiffer said the public benefit is a landscaping plan that will screen this house from public view as well. Herron said normally a building can be within the building envelope and window wells and other items can be outside the envelope. The house on lot 1 has numerous features outside the building envelope. Mayor Bennett opened the public hearing. Alan Schwartz, representing adjacent property owners, told Council they support the recommendations of staff. Schwartz said the applicants want the pool outside the building envelope because it is aesthetically more preferable to them. Schwartz said there are agreements on the improvements already constructed on lot 1; however, the pool is 99 percent outside the building envelope and completely undermines the original objectives of the conditions placed on this property 2 years ago. Bob Camp, 505 Sneaky Lane, said the cottonwood trees do not block this site from his house. Camp said they would be able to see and hear people at the pool. Camp said this pool is exactly what the development envelope was designed to preclude. Schiffer questioned 9 Regular Meeting Aspen City Council August 12, 1991 the right of neighbors to say that they do not want people to use their own property in any way they can see or hear. Schiffer told Council they will do any landscaping they can to help screen this from the adjoining property owners. Schiffer said if the pool were located within the building envelope, there would be no difference in noise generation. Schiffer told Council his clients cannot redesign this; the plans have been in the building department for months. The building permit expires September 4th. Camp told Council in 1988, staff originally recommended against the lots split. The neighbors came up with a compromise which included the building envelope. Camp said the neighbors feel they have a right to speak because they already made a compromise. Camp said the neighbors want to preserve the integrity of the original approvals. Camp said with the exception of the pool, they are in agreement with the proposal. Amy Margerum, planning director, told Council technically they agree there will not be an obnoxious visual or noise impact . Sound generally travels up not down. The planning office feels the owners of the 2 lots bought them with full knowledge there were restrictions on the building envelopes. Ms. Margerum said there should be some compromise to meet the original intent of the lot split. Tom Starodoj, 580 Sneaky Lane, said in 1988 the neighbors made major concessions in supporting the lot split. In return, the developer made a concession by providing a setback. The new owners are trying to take the original concession. Starodoj noted combining noise with water creates an echo effect. Schwartz said there is no reason for the owners to put this pool here on the west side; it can be located other places. Herron said the original agreement was a building envelope for a house. Herron said it is not reasonable to assume that people will live in a house and not be able to use their yard. Councilman Peters asked about the FAR. Herron said if there is an easement, that easement cannot be used to support the FAR on the property. The owner of lot 1 got a building permit without the easement for the driveway. Ms. Johnson said the easement is 15 by 100 feet; the house may be less than 200 square feet in nonconfor- mity. Councilman Peters asked if the square foot overage is legitimized in this transaction. Ms. Johnson said the applicant requested the ordinance contain language about this nonconformity. Herron said no one was aware there was a driveway easement required for lot 2. Councilman Reno said there will be as much noise with no pool and no screening versus a pool and screening. Betsy Starodoj, Sneaky Lane, told Council in 1988 they hired lawyers and planners and reached a compromise. Ms. Starodoj said 10 Regular Meeting Aspen City Council August 12, 1991 if Council allows this development, they are not meeting the intent of the lot split and are opening doors to any and all developers to disregard the rules. Ms. Starodoj said a walkway and driveway are entirely different than an outdoor entertainment center. Council scheduled a site visit August 26 at 4 p.m. at lot 2 Councilwoman Pendleton moved to continue this to August 26th; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #27, SERIES OF 1991 - West Hopkins AH Rezoning Leslie Lamont, planning office, told Council this is a 12,000 square foot parcel currently zoned R-6, which is medium density, this is a request to rezoning it to AH, affordable housing. Rezoning is a two-step process; P & Z has recommended approval. The housing office will come back and go through a full subdivision process, during which Council will see a full site plan, number of bedrooms, parking, etc. Carr Kunze, housing director, told Council the proposal is an 11 unit townhouse, for sale type of project. There will be 3 one- bedroom; 6 two-bedroom; and 2 three-bedroom units in categories 1, 2, and 3. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno said he is concerned about parking and the impact on the neighborhood. Councilman Reno said he would like to see recommendations or solutions on what to do with the extra cars. Ms. Lamont told Council in the AH zone district, parking is established by special review; the maximum number shall not exceed 1 space per bedroom or 2 spaces per dwelling units, whichever is less. The P & Z does the special review. Councilwoman Richards moved to adopt Ordinance #27, Series of 1991, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #29, SERIES OF 1991 - Appropriations Dallas Everhart, acting financing director, pointed out this has been amended since first reading to reflect deletion of the $150,000 to the city hall capital fund. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 11 -- Regular Meeting Aspen City Council August 12, 1991 Councilman Peters moved to adopt Ordinance #29, Series of 1991, as amended on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #31, SERIES OF 1991 - Amending Fire Code 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 1991, on second reading; seconded by Councilwoman Pendleton. Councilman Reno said he would like it made more clear which areas are outside the 5 minute response time and which areas are geographically undesirable. Councilwoman Richards asked if there is an appeal process. Jed Caswall, city attorney, told Council there is an appeal process through the Board of Appeals. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #33, SERIES OF 1991 - Eastwood Road Public Right-of-way Dedication Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #33, Series of 1991, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. BALLOT LANGUAGE EXCISE TAX Carol O'Dowd, city manager, told Council the finance staffs of the city, county, Snowmass and RFTA have met and worked on costs. Dan Blankenship, general manager RFTA, told Council new buses cannot be obtained until the 1992 ski season. Buses would have to be leased for the 1991 ski season. Blankenship said the first payment on leases would not have to be made until after the ski season. The first year costs at full level of service, 20 bus fleet, would be $812,000. Mayor Bennett asked if the service is status quo, why would RFTA be leasing additional buses. Blankenship said they had to lease buses last year. Blankenship said there are also equipment and depreciation costs in the range of $24,000 that could 12 Regular Meeting Aspen City Council August 12, 1991 be eliminated in the Ski Company's offer rather than putting these costs in for tax revenues purposes . This would drop the program to $788,000. Blankenship told Council he is also looking at other services RFTA provides. The airport shuttle has marginal costs of $185,000. If the airport service was eliminated, this would free up $185,000 which could be applied to other RFTA services. Blankenship suggested the city and county decide whether or not they want to accept the Ski Company's offer. Councilwoman Pendleton said unless the 3 governments get together, they will all be going on different tangents. RFTA voted that Pitkin County go ahead with the utility fee. Councilwoman Pendleton said she is not prepared to make a decision to cancel the election. Councilwoman Pendleton said she anticipated another meeting with the 2 other governments on the best solution. Councilman Peters said the Commissioners have to pursue a utility fee because the city has no alternative about pursing the excise tax. The city does not have a taxing partner in Snowmass. The Snowmass Council has made it clear they are not interested in passing an excise tax. Councilman Peters said he like the monetary offer from the Ski Company and is not interested in a RFTA Board seat for this money. Councilman Peters he is willing to accept the offer from the Ski Company and fund the differential. Councilwoman Richards said Council has not discussed the action from the meeting at Snowmass nor reviewed the work staff has done. Councilman Reno said even with the Ski Company offer, the city will have to come up with extra money and the city has to decide where they can find this money. Mayor Bennett suggested Council continue the excise tax, which may move the election into October or November. Mayor Bennett said the places to come up with the shortfall are (1) the general fund and get contributions from the other governmental entities (2) create a fare for the shuttle, and (3) reallocated resources of RFTA. Councilman Peters moved to scheduled a special meeting for August 21, 1991, at 5 p.m. to discuss the special election; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Reno moved to continue Resolution #32 and 34 to the special meeting August 21; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #32, SERIES OF 1991 - Roller Blades Councilwoman Pendleton moved to table Ordinance #32, Series of 1991, to August 26; seconded by Councilman Reno 13 Regular Meeting Aspen City Council August 12, 1991 PROPOSED FNMA FORECLOSURE PROCEDURES This is tabled to August 26th. ENCROACHMENT REQUEST - Rigsby 1006 East Cooper Rob Thomson, engineering department, told Council this is a request for an encroachment for a shed in the alley behind 1006 East Cooper. The shed encroaches into the alley about 6 feet by 32 feet. The alley is 20 feet wide. If someone were to build a fence opposite this shed, there would only be 13 feet for emergency equipment. Thomson said staff is not in favor of someone living in the alley. Thomson pointed out an encroachment license is a revokable license; it is an acknowledgement there is an encroach- ment in the public right of way. Councilwoman Richards asked if the shed can be moved onto the property before the cottage infill is created. Glen Rappaport, representing the applicant, told Council this is in an RMF zone; the lot size is 4, 294 square feet. The minimum duplex size in this zone is 6,000 square feet. This is a non-conforming lot for that purpose. The shed is 350 square feet and encroaches 6 feet into the public right-of-way. Rappaport said the applicant is trying to legitimize a pre-existing condition. The shed has not posed a life, safety problem in the last 100 years. The shed has electricity and a wood burning stove; it was at one time a dwelling. Rappaport said if the applicant is granted an encroach- ment license, they will go through the cottage infill program and develop the shed as a 1 iving unit . Rappaport said to move the shed 6 feet onto the property would encumber an already undersized property. Moving the main house forward would eliminate some trees and expose the main house to Cooper Avenue. Councilman Peters asked what utilities are in this alley. Thomson said he is not sure where they are located. Councilman Peters said he would like to know this. Councilman Peters said he feels this encroachment is bad planning. It is not that expensive to move a building this size 6 feet. Councilman Peters said this encroach- ment license is revocable and the city can request it be moved at any time. Jed Caswall, city attorney, pointed out if the city wants it moved, they do not have to give any reasons. This is stated in the encroachment license. Caswall said paragraph #14 be amended to read, "The licensee waives any and all claims against the city of Aspen for loss of damage to any existing or new improvements constructed within the encroachment area". Council agreed. Mayor Bennett said this shed has been there for 100 years and has not caused any problems to date. Rappaport said they have to have an encroachment license in order to submit for a building permit. 14 - Regular Meeting Aspen City Council August 12, 1991 Caswall said if the shed is going to be changed in use to a dwelling, it should be put back out of the right-of-way. Rappaport said this has been a dwelling unit in the past and argues it is not a change in use. Councilman Peters said the applicant is taking a risk on this shed. Councilwoman Richards asked under the cottage infill regulations what this shed could be expanded to. Staff answered it can be expanded to 750 square feet. Rappaport said this encroachment license will give them the ability to pursue some different alternatives for the property. Councilman Reno said he is concerned about such a large encroachment into the alley, and does not support this being turned into a dwelling unit. Rappaport pointed out this is a dead end alley, which does have some effect on the traffic. Thomson said this is a private use in a public right-of-way, which is not what public rights-of-way were meant to be. Councilman Peters moved to approve the encroachment license deleting #13 and inserting language in #14, "The licensee waives any and all claims against the city of Aspen for loss of damage to any existing or new improvements constructed within the encroach- ment area"; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Reno. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman Peters. All in favor, with the exception of Councilwoman Pendleton and Mayor Bennett. Motion carried. CITY HALL FUNDING REQUEST (Councilman Reno stepped down due to conflict of interest). Bill Efting, assistant city manager, told Council structural tests have been done to city hall. There were 4 areas listed in the report that require immediate work. Efting said the estimates, including 25 percent contingency, come to $17,000. There is money in the budget for city hall improvements. Efting said this is the first step in a long term phase for this building. Councilwoman Richards asked if these will have to be redone when there is the total renovation or that the energy audit might suggest doing different- ly. Efting said this work has to be done and cannot be delayed for 5 years. Councilman Peters said he will approve this on the condition the Council Chambers be cleaned. Councilwoman Richards moved to approve the request for $17,000; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION #33, SERIES OF 1991 - Ute Avenue Improvement District John Worcester, city attorney's office, told Council this resolu- tion starts the process for an improvement district for Ute Avenue . 15 Reqular Meeting Aspen City Council August 12, 1991 Nick McGrath, representing the district, said this is a simple district for safety and aesthetics on Ute Avenue. McGrath pointed out there will be an administrative hearing before Carol O'Dowd, city manager, September 4th. There will also be an ordinance before Council in September. McGrath told Council the statutes require a proposed district file preliminary plan, specification, and estimated costs . These have all been filed. Rob Thompson told Council the proposed district includes construction of 22 foot driving surface, 8 foot parking lane on the south side and a 10 foot bike path. There are also street lights and drainage improvements. The district goes from Ute Place to the Aspen Alps. This is a small compact district. Jim Martin told Council Ute Avenue continues east until it dead ends behind the Aspen Club. Martin said if the district is defined at this meeting and cannot be changed, there are 4 property owners who may like to be included. Martin said these property owners were not told the district was being formed nor that they would have to supply engineering drawings. Martin said Council should consider the entire Ute Avenue and table this until the other homeowners can supply the engineering drawings. McGrath reminded Council the district first came to Council in 1989. It was held up for over a year for greenway plans. McGrath said his clients were told the other owners were not interested. The proposed district owners have spent money in attorney and engineering fees. McGrath said the district owners do not want to be delayed again. McGrath pointed out if there is engineering on upper Ute Avenue which would increase their proposed costs, they may lose support in the smaller district. Molly Campbell, manager of the Gant, told Council she has kept everyone informed of the proposed district. Worcester said the next step is the public hearing before the city manager. Following that the city engineer- ing has to decide which is the most efficient district. Worcester said it is possible for upper Ute to get their engineering done and be included in this district. Martin said their engineering work is pretty far along and they will try to get included. Councilman Peters moved to approve Resolution #33, Series of 1991; seconded by Councilwoman Richards. Councilman Peters said he favors the larger district. Mayor Bennett agreed. Councilwoman Richards asked if all property owners get notice of this. McGrath said they will all get individual notices and may file their remonstrances so that if 50 percent do not want the district, it will be killed. All in favor, motion carried. 16 Regular Meeting Aspen City Council August 12, 1991 YOUTH CENTER__CONTRACT Jed Caswall, city attorney, noted the youth center is presently under construction. The youth center straddles land owned by the city and by the county. The youth center is being built under a license to allow construction to proceed during which time Council directed the city and county attorneys negotiate a long term lease for the property. Caswall said there is only one detail left to be worked out, which is before Council. Jody Ensign, representing the Youth Center, told Council they understood the original agreement to be the youth center would raise money to provide the facility and the city and county would provide the land in exchange for the service to the children of the community. Councilwoman Richards said she feels the youth center is serving a great public purpose in providing this center. The youth center has raised the construction fees. Councilwoman Richards said in exchange for this, if the youth center leaves the building, they should receive a sale price of fair market value for a publicly zoned building on a land lease. Councilwoman Richards said she does not see a reason to try and obtain a land lease value back against the fair market value of the buildings. Councilman Peters said the concept that the developer will be indemnified for the value put into the building is a new one. Councilman Peters said in earlier meetings when the issue of the failure of the youth center has come up and the answer was that the city would get a building. The city agreed to provide the land and the youth center agreed to provide the building. Councilman Peters said the city and/or county can opt to buy this building, which means they are obligated to come up with money to redeem the building. Councilman Peters said if the city has to take over a building because the youth center has been abandoned, the city should have some options to lease the building to non-profits or on the free market. Caswall said the city has already bought and paid for the land. Under the youth center's formula, the city would have to pay for the land again. Councilwoman Pendleton said she has a problem with the youth center making a profit on this building if the youth center were to fail. Councilman Peters said the city would be making a financial commitment and incurring an obligation with no hand in the planning of the youth center yet with the responsibili- ty of redeeming the building. Caswall pointed out the county also has to sign this agreement. At this point, the county does not agree with the youth center's proposal. Caswall said it has always been his understanding there would be some adjustment if the city and county had to take this over in the future as there is no reason for the taxpayers to pay for the building twice. 17 Regular Meeting Aspen City Council August 12, 1991 Councilman Peters moved to table this until the city/county work session August 21st; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Peters moved to suspend the rules and continue the meeting to 11 p.m.; seconded by Councilwoman Richards. Council- members Richard and Peters in favor; Councilmembers Pendleton, Reno and Mayor Bennett opposed. Motion NOT carried. Councilwoman Pendleton moved to reconsider; seconded by Councilman Reno. All in favor, motion carried. Councilwoman Pendleton moved to suspend the rules and meet until 10:50 p.m.; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #34, SERIES OF 1991 - Lone Pine Condo Plat Amendment Councilman Peters moved to read Ordinance #34, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #34 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING THE ENLARGEMENT OF UNIT C-1, ENCLOSURE OF SECOND FLOOR DECKS, AMENDMENT OF THE LONE PINE CONDOMINI- UM PLAT FOR THE 12 FREE MARKET UNITS LOCATED ON LOT 2 OF THE LONE PINE CONDOMINIUM PLAT AND VESTING OF DEVELOPMENT RIGHTS was read by the city clerk Kim Johnson, planning office, recommended approval of the plat amendments requesting. Jane Ellen Hamilton, representing the applicant, told Council an enclosure to the master bedroom decks is proposed to each of the 12 units, which is the only way they have been able to come up with preventing on-going leaking problems. Ms. Hamilton requested to be able to expedite this process, that the applicants could order plans and apply for a building permit. The building permit would not be issued until second reading. Councilman Peters said he is willing to pass this on first reading but not to expedite the plans through the building department. Jed Caswall, city attorney, said the policy of both the planning and building departments is not to accept a projects until after all approvals have been finalized. Councilwoman Richards moved to adopt Ordinanc seconded by Councilman Peters. Roll call Pendleton, yes; Richards, yes; Reno, yes; Bennett, yes. Motion carried. This does n plans through the building department. e #34, Series of 1991; vote; Councilmembers Peters, yes; Mayor of include expediting 18 Rectular Meeting Aspen City Council August 12, 1991 Councilwoman Pendleton moved to adjourn at 10:50 p.m.; seconded by Councilman Reno. All in favor, with the exception of Council- members Peters and Richards. Motion carried. Kathryn S~ Koch, City Cler 19 Continued Meeting Aspen City Council August 21, 1991 Mayor Bennett called the meeting to over at 7:20 p.m. with Councilmembers Richards, Reno, Peters and Pendleton present. SPECIAL ELECTION Mayor Bennett said there are 3 resolutions for Council's consider- ation; one to set the ballot question language, one to cancel the special election and one to reset the date of the election. Councilwoman Pendleton moved to adopt Resolution #35, Series of 1991, changing the election to October 21, 1991; seconded by Councilman Reno. Councilwoman Pendleton said she would like to keep this option open in case all other discussions fall apart. Councilman Peters asked if it is acceptable to pass an excise tax when the Town of Snowmass is not interested. Jed Caswall, city attorney, pointed out just picking an election date without taking steps to seriously consider the ballot language and ordinance is not a safety valve. Mayor Bennett agreed the attorney's office should not be spending a lot of time on this. Councilwoman Richards said it would be good faith to cancel the election since the Ski Company moved forward in their offer for the skier's shuttle. Councilwoman Pendleton withdrew her motion. Councilman Peters moved to adopt Resolution #34, Series of 1991, canceling the special election September 24, 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Pendleton moved to adjourn at 7:30 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. / n ~/ Kathryn Koch, City Clerk 1