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HomeMy WebLinkAboutminutes.council.19910923Regular Meeting Aspen City Council September 23, 1991 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 3 CONSENT AGENDA 5 LIQUOR LICENSE RENEWALS 5 ORDINANCE #35, SERIES OF 1991 - Field Greenline Vested Rights 5 RFTA CROSS TOWN SHUTTLE 6 HOUSING AUTHORITY 8 HOUSING AUTHORITY 1991 BUDGET UPDATE 9 ORDINANCE #36, SERIES OF 1991 - Appropriations 10 ORDINANCE #37, SERIES OF 1991 - Water Conservation 10 RESOLUTION #39, SERIES OF 1991 - Ute Avenue Improvement District 11 ORDINANCE #38, SERIES OF 1991 - Barnard Park Court 12 TERMINATION OF CITY MANAGER CONTRACT 13 IMPOUND LOT 13 15 Regular Meeting Aspen Citv Council September 23. 1991 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Peters, Pendleton, Richards and Reno present. CITIZEN COMMENTS 1. Deedee Brinkman, representing a film production company, told Council the company is filming a cologne commercial in town. Ms. Brinkman said she has spoken to staff and there are no permits or requirements for shooting in the mall. The production company is making a $900 donation to the fire department for help they are giving. 2. Patricia Kanipe, representing the Aspen Waldorf School, told Council they are interested in renting the red brick school while they are getting integrated into the school system. Councilman Peters said staff is putting together a list of interested parties and this should be on the list. 3. Steve Goldenberg told Council there is a problem trying to cross Main at 3rd, 4th or 5th streets. Goldenberg suggested a traffic signal somewhere between 2nd and 7th streets on Main. Goldenberg told Council he has discussed this with the state, who do not want to do anything without Council's permission. The state has done a number of traffic studies on Main street. Goldenberg suggested these could be push button for pedestrian lights or 1 fights tripped by traffic . Goldenberg gave a letter from the state to staff stating the only thing stopping the state is the city's policy not to have any more lights regardless of the traffic counts. 4. Steve Goldenberg requested Council review the $4 million demolition bond for the Ritz Carlton hotel. Goldenberg said he thought this was to be a liquid cash bond, instead it is a letter of credit on an Arabian bank endorsed by a U. S. bank. The bond expires exactly the day the hotel is supposed to be finished. Goldenberg said if everything is not finished, the letter of credit expires and the city can do nothing to collect it. Jed Caswall, city attorney, said he received the letter of credit two days before it was due. It did have an expiration date. Caswall told Council he called the attorney for Savanah about the expiration date. Caswall said Savanah sent him a signed consent that the expiration will be amended. Caswall said he is working on this. 5. Janie Joseland Bennett, president of the festival celebrating the earth through the arts and culture of indigenous people, introduced the other board members Virginia Ford, Ed Bastion, Marina Beetleson, Karinjo Devore and Kate Doremus as coordinator. The board is in the process of hiring a program director and director team. The team will coordinate and facilitate the efforts of Aspen's cultural, educational and scientific organizations, to 1 Regular Meeting Aspen City Council September 23, 1991 stage exhibitions and other events on the theme and to celebrate the earth through arts and cultures. The team will also act as the information source for the various groups in planning for 1992 events. Ms. Bennett said the launch for the festival will be June 1992 in conjunction with the Aspen Institute. The purpose for this event will be to set the academic and inspirational tone for the forthcoming events. The focus during the 1992 summer festival will be on the indigenous people of North America, Indian and Inuit. It is anticipated the focus in 1993 will be global. The entire schedule of events for 1992 will be promoted as one celebration and one festival. 6. Hal Clifford, general manager Aspen Daily News, told Council he has a problem with the Aspen Chamber Resort Association. Clifford reminded Council since last August, the ACRA has been promising open meetings. Clifford said it is frustrating for members of the ACRA not to be able to get into their meetings. Clifford said ACRA makes very important decisions regarding this community and its economic success. Clifford said last year the city gave the ACRA $159,000 to a number of programs. This is tax payers money going to an organization that is supposed to benefit the entire community. Clifford requested Council do an extensive audit of where this money is going. Mayor Bennett said this has not been discussed by the new Council; it did come up during the campaign. Mayor Bennett said this will be discussed by Council. 7. Phoebe Ryerson said people want to check out the home rule when planning and zoning restrictions were radically altered. People have done research on the supreme court rulings on private property. Ms. Ryerson said she would like an accounting of the $6 million of taxpayers voted for low cost housing and what is considered low cost housing. Ms. Ryerson said people would like their children to be able to have a piece of their ranches. Ms. Ryerson said 85 percent of the county is tax free land, owned by the government. Ms. Ryerson said they want a review of the home rule charter which seems to have done damage to the old timers as well as new timers and that staff salaries seems to be higher than the people who drive up and down the road. Ms. Ryerson reminded Council people had offered to pay for Council to stay in Glenwood Springs in order to drive up and down the highway. 8. Caroline MacDonald requested Council review their ordinance on liquor license occupation tax and direct staff to see if there could be more equity in size of restaurants. Council requested staff research this and report back. 9. Bob Gish told Council the Aspen Historical Society is almost done with phase 1 of the Marolt Barn. They are having a harvest fest September 29th at 2 p.m. All citizens are invited. 2 Regular Meeting Aspen City Council September 23, 1991 COUNCILMEMBER COMMENTS 1. Mayor Bennett told Council he has spoken with staff about the budget and about getting information on this budget. The first work session on the budget is October 8th. Council decided to meet on the budget October 7 and 8. 2. Mayor Bennett said VIII(a) In-line skates and IX(h) FNMA deed restrictions should be tabled. Councilman Peters brought up the issue of tying equity appreciation in housing units. Councilman Peters staff wants to know whether Council wants more work on this or not. Council decided to discuss this with staff during the housing authority budget. Councilman Peters moved to continue Ordinance #32, Series of 1991, to February 24, 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Richards moved to table street sanding to October 15; seconded by Councilwoman Pendleton. All in favor, motion carried. 3. Mayor Bennett said Council needs to follow up on RFTA and the skier's shuttle and decide how to move forward. Councilwoman Richards moved to call a special meeting Wednesday, September 25 at 3:00 p.m. to discuss the skiers shuttle decision by the Ski Company and strategy the Council will follow; seconded by Councilwoman Pendleton. All in favor, motion carried. 4. Councilman Peters moved to suspend the rules to add items to the agenda; seconded. by Councilman Reno. All in favor, motion carried. Councilwoman Pendleton moved to add the termination of the existing city manager's contract at IX(i) and item XII an executive session to discuss the hiring of a new city manager; seconded by Councilman Peters. All in favor, motion carried. 5. Mayor Bennett said there has been a major executive change within the city government. Mayor Bennett said there are no other changes contemplated, discussed or on the table. The purpose of this executive session is to discuss a new city manager. 6. Councilman Peters moved to table consideration of the Paragon liquor license transfer to October 15 at the request of the applicant; seconded by Councilman Reno. All in favor, motion carried. 7. Councilwoman Pendleton reported on the meeting of the Water Conservation Board last week in Denver. The city, county and WAPA 3 Regular Meeting Aspen City Council September 23, 1991 had submitted a win/win plan to members of the Water Conservation Board when the board requested the city come back with plan, which they said they would consider instead of just giving the BOR permission to take an additional 10,000 acre feet out of Ruedi. Councilwoman Pendleton said the committee came up with a plan to keep the water in Ruedi at 95,000 acre feet through Labor Day and at 86, 000 acre feet through October 1st and to have some say in the destiny as far as the water sales and as far as additional water being let out of Ruedi, also to form some group or basin-wide plan for remediation of the fishes. Councilwoman Pendleton said the message should be not to count on Ruedi for water for the fishes because of the second round water sales. The Water Conservation Board passed a motion approving the release of the additional 10,000 from Ruedi this year because of the wet summer and because the city has been successfully delaying this, the reservoir will stay at 95,000 acre feet through Labor day. The motion requires steps be taken by the BOR and wildlife service before the Water Conservation Board will approve any future release to the BOR - production of a full environmental assessment describing the objectives and results of the releases and their impact on Ruedi recreation, the Frying Pan fishery and hydropower; that progress be made on a comprehensive basin-wide plan for providing endangered species flow from a variety of sources; that Ruedi be maintained at 95,000 acre feet through Labor day and 85,000 acre feet through October 1st and that stream flows in the Frying Pan remain at or below 250 cubic feet. Exceptions to these levels will be made if the federal agencies can prove conclusively that these levels cannot and should not be maintained or that benefits to endangered species outweigh benefits to recreation accruing from these levels, that additional releases be made on a year to year basis and that additional releases over and above 10,000 acre feet be limited to only one second 10,000 acre feet; that these conditions amount to a full endorsement by the Water Conservation Board of the Ruedi WAPA's settlement proposal and indicate that future leases for endangered species will be made with a far greater appreciation for Ruedi's recreational value. Councilwoman Pendleton said this means the BOR and wildlife service will be depending on the city and county to follow through with commitments to provide endangered species flows from other sources. Councilwoman Pendleton said WAPA has been invited to the next meeting of the Water Acquisition Committee of the Recovery Program. Councilwoman Pendleton said WAPA will not let this drop and will keep the pressure up. 8. Councilwoman Pendleton brought up the playground equipment at Triangle Park. Councilwoman Pendleton said little children play at this park and run from the park right into the streets. Council- woman Pendleton suggested a barrier or fence of some type to prevent this. Cindy Wilson, assistant city manager, said this will be discussed during budget hearings. 4 Regular Meetinct Aspen Citv_Council September 23, 1991 9. Councilman Reno requested the light in the back of Council Chambers be fixed. 10. Cindy Wilson, assistant city manager, told Council responses have been coming in on the underground district at Cemetery Lane; 21 in favor, 10 against. Ms. Wilson told Council she will report when more responses are received. 11. Cindy Wilson, assistant city manager, told Council there is a problem with one of the city-owned houses on Cemetery Lane. The roof is leaking. Ms. Wilson recommended taking $1500 from the contingency fund to fix the roof. The parks department does not have the money available. Council suggested this be added to the appropriation ordinance. 12. Bob Gish told Council the professional ski instructors of America contacted him about using the parking garage October 26 and 27. There is a roller blade exhibit, educational event. This is scheduled for the Snowmass Club; however, they would like to use the parking garage as a back up location. Staff feels comfortable allowing this use with a permit and the appropriate releases. 13. City Clerk Kathryn Koch told Council the Aspen Historical Society would like to schedule a work session in order to show Council their plans for the ski museum. Council suggested the Historical Society join them for a Monday lunch. CONSENT AGENDA Councilman Reno moved to approve the consent agenda; seconded by Councilwoman Pendleton. The consent calendar is: A. Minutes - September 4, 9, 1991 B. October Council Meetings C. Request for Funds - Energy Conservation Committee D. Art Museum Stream Margin Review E. Resolution #37, 1991 - 1001 Ute Avenue Lot Line Adjust- ment All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the liquor license renewals for Skier's Chalet and Aspen Grove; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #35, SERIES OF 1991 - Field Greenline Vested Rights Kim Johnson, planning office, told Council this ordinance vests development rights that were approved last year and vests them through January 16, 1993. The only concern of the city attorney 5 Regular Meeting Aspen City Council September 23, 1991 was to verify the language in the ordinance to require adhering to any change in the code that might affect this project between approval and development. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #35, 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. RFTA CROSS TOWN SHUTTLE Dan Blankenship, general manager RFTA, reminded Council they met in a work session about this in August. Council requested new align- ments, better access to the post office area, and refined cost estimates running more than one shuttle. Blankenship presented 5 route alternatives costing from $31,000 to $35,000 for one vehicle depending on which alignment is selected. Blankenship said the Galena/Cooper alternative is the one preferred by the RFTA staff; one reason is this alternative does not have to cross the mall. Blankenship said it is not impossible to use the mall but would require curb cuts and adjustments in the landscaping. Blankenship went over the 5 alternatives with Council. Blankenship explained RFTA tries not to design routes with hills in them. The Mill and Cooper route has a stop light as both an advantage and disadvantage. The route to the gondola is circuitous and takes more time. Blankenship said there can only be 5 round trips on this route. The Spring street alternative is the easiest if the goals is just to get people between the parking plaza and the gondola but does not work as well for pedestrians using the mall. Blankenship said parking will have to be eliminated along the if the cross town shuttle route to enable passengers to get on and off. Blankenship told Council the airport/ABC shuttle will be discontin- ued indefinitely to save money. This service uses 3 vehicles, one of which operates under compressed natural gas. Blankenship pointed out RFTA is somewhat short of funds because of the sales tax shortfall; there are other costs going up like workman's compensation, FICA for seasonal employees. Blankenship said RFTA is looking at reducing Woody Creek service, some reductions to city services during the off-season, and a fare increase for down valley services. Blankenship said RFTA is in a cost reduction mode and would prefer to defer any new services until they are on firmer financial footing. 6 Rectular Meeting Aspen City Council September 23, 1991 Blankenship told Council if another use cannot be found for the 3 buses from the airport shuttle, they could be sold. These could also be used for city routes. The vehicles were financed for 5 years and there is about $170,000 outstanding. Mayor Bennett said another alternative was to have the shuttle turn around on top of the parking plaza rather than go to the plaza. Blankenship said it is difficult to get across Main street at peak times. Mayor Bennett suggested RFTA talk to the state highway department to see if there can be a driver activated light installed and how much it would cost. Councilwoman Pendleton said these route alternatives do not fit the picture of a cross town shuttle. This looks like a bus route. Councilwoman Pendleton said she does not want to do a route that is bound to fail. Councilman Reno agreed, and said the best route is straight from the parking shuttle to Durant street. Councilman Reno said he would like this budgeted for the next year. Councilwoman Richards agreed this should be a straight shot to the ski area. Councilwoman Richards said going through the mall cannot be done on a trial basis. Councilman Peters said he would support an experiment; RFTA made a good faith effort to present an experiment. Councilman Peters said he does not support the cross town shuttle because there is no money, it uses up more than the revenues being made from the parking garage. Councilman Peters said if Council wants to pursue the idea, they have to give RFTA some direction on funding and how far Council wants them to go. Eve Homeyer, RFTA Board said in order to make this a success, Council should agree to cut through the mall and to buy appropriate vehicles. RFTA does not have any equipment that looks like a shuttle. Ms. Homeyer said there is no equipment on the market which is a small, shuttle bus. Councilwoman Pendleton agreed existing equipment will kill the experiment. Councilwoman Richards suggested leasing the vehicles for an experiment. Ms. Homeyer said it is difficult to find the correct vehicles. Mayor Bennett said the cross town shuttle has to be a straight shot and has to turn around in the parking plaza. Mayor Bennett said the proposed routes are things that the tourists are not going to figure out. Mayor Bennett said he would like a driver operated light figured into the cost. Mayor Bennett said this is a legitimate experiment; enough people seem to want this route. Mayor Bennett said Council indicated they wanted this shuttle to run in 3 or 5 minutes intervals, no more. Blankenship said two vehicles would double the price. Mayor Bennett suggested holding of f on this until Council can discuss the larger concept of traffic in the commercial core and the pedestrian plan. Councilwoman Pendleton agreed with either doing this shuttle now or addressing the big plan. Councilwoman Pendleton said she wants to look at the 7 Regular Meeting Aspen Citv Council September 23, 1991 shuttle one more time with the guidelines of a straight shot, different van, crossing Main street, and make the route short. Blankenship said RFTA will return at the October 15th meeting with information on these guidelines. Ms. Homeyer said this should be funded for a year as it takes people time to change their habits. Amy Margerum, planning director, said this should be looked at in conjunction with the Galena Street options. HOUSING AUTHORITY Carr Kunze, housing office, said the issue is a concept of a limited equity appreciation in relation to modifications of deed restrictions for the purposes of FNMA financing. The concept is to provide an option to purchase in the event of using FNMA financing. Kunze said Council brought up several questions and also and wanted additional answers on a time line; the options for jumping in and protecting the deed restrictions; and what are the resources for curing. Kunze said there are abilities to keep the mortgage and payments current or to buy out the mortgagee and remarket the unit . Kunze said the recent high of defaults nationally is 1.5 percent and 3.05 percent for the state. Kunze recommended a 2 percent pool, also recognizing that the city will not have to acquire in every instance. This year there are $1.8 million in loans, which would require $36,000 and would not cover one mortgage. Kunze said there should be a fund or a pledge of $150, 000 which would be equal to buying 1-1/2 mortgages. Kunze reminded Council they earlier looked at CAST's taxable mortgage revenue bond pool, which would have provided a better reserve pool but was a fairly expensive approach. Kunze said ski towns have dropped out of it and Snowmass has opted for the FNMA approach. This bond pool still would have required a private mortgage participation. Kunze said the issue in limited equity concept is that current deed restrictions being used in new developments provide for a 3 percent limitation on appreciation of the total value of the property. Older deed restrictions have a 6 percent appreciation. Kunze noted even a 3 percent appreciation permits a much higher rate of return if it is examined in relationship to the equity. Kunze said the higher rate of return may be a 20 percent on one's equity, which is aggressive if the city is putting forth public resources in order to facilitate home ownership. Kunze asked if Council wants to look at this in the context of old or new properties. For old proper- ties, this would be modifying an existing deed restriction and is this impacting the value of the seller to the current seller. Kunze said this is arguable; however, there is the potential perception of an impact on value whether it is real or not. Kunze said there should be more investigation on this issue. Councilwom- an Pendleton agreed she would like more information. Councilman s Regular Meeting Aspen City Council September 23, 1991 Peters suggested Council not investigate private mortgage bonds any further. Councilwoman Richards said a danger could be taking out the down side to the market. Councilwoman Richards said she is concerned under what terms a unit goes to the initial foreclosure sale. Councilman Peters said he would like to see more work on the limited equity concept. HOUSING AUTHORITY 1991 BUDGET UPDATE Carr Kunze, housing director, presented a revised budget proposal, changes in which have been discussed at a work session with Council. When the budget was originally presented there were 15 positions funded, centered around a production which assumed an active role of the authority in the development process. Kunze said the budget has been scaled back to only 1/2 net additional positions that were not contemplated in the original budget. This is primarily for property management. Returning the 15 back to 12 positions is having a contract attorney, eliminating one planner position, and consolidated the maintenance activities under one person. The budget contained $95,000 deficit, a joint city/county obligation. Kunze told Council staff has looked at the Truscott and Marolt deficits. Kunze said there will be a prepayment of interest on Truscott place and looking at the reserve fund for Marolt. Jim Curtis, housing authority board, told Council the Commissioners have taken a straw vote to fund this deficit and requested the housing authority to go to 1992 budget projections with expecta- tions for the housing authority and to be reflected in a correct budget. Mayor Bennett said these are steps in the right direction. Councilman Peters pointed out two city projects, Marolt and Truscott, ran deficits this year. The housing authority has taken steps to deal with this and one is a policy on damage deposits. Councilman Peters said Marolt and Truscott projects came in under budget and there is money left over on both properties. Councilman Peters said the money is restricted to certain things on the projects, like payment of interest. Councilman Peters said they will come back to Council on how to spend these funds and where they can be spent. Councilwoman Richards said she would like auto disincentives at Marolt looked at, like lighting and better paths. Councilwoman Richards asked what the total subsidy for the housing office will be. Dallas Everhart, finance director, answered this is $170,000 including projects, or $90,000 without projects. Mayor Bennett asked about the project fee of $80,000 for west Hopkins and what that covers. Kunze said design and planning costs total $61,000 and other work prior to construction. There are $4,000 for cost estimates and a model; survey and engineering are $2500; soils and environmental testing $3500; legal and title 9 Regular Meetinct Aspen City Council September 23, 1991 $6500; appraisal and market analysis $2500. Mayor Bennett asked about tenants doing their own maintenance, property management by and outside firm. Kunze said these are still being looked into; the housing office is working on and RFP for property management. Kunze said the housing office is also looking at development of projects by private enterprise. Councilman Peters moved to approved the revised housing authority 1991 budget; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #36, SERIES OF 1991 - Appropriations Councilwoman Pendleton moved to read Ordinance #36, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #36 (Series of 1991) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $8,000; APPROPRIATING GENERAL FUND EXPENDITURES OF $8,000; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $48,000; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE HOUSING/DAYCARE FUND OF $80,040; REDUCING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE HOUS- ING/DAYCARE FUND OF $41,438; APPROPRIATING WATER FUND EXPENSES OF $30,000; RECOGNIZING TRUSCOTT PLACE HOUSING FUND REVENUES OF $11,341; APPROPRIATING TRUSCOTT PLACING HOUSING FUND EXPENSES OF $18,131; RECOGNIZING MAROLT HOUSING FUND REVENUES OF $40,403; APPROPRIATING MAROLT HOUSING FUND EXPENSES OF $9,243 was read by the city clerk Dallas Everhart, finance director, told Council he will correct this ordinance to match the housing authority's budget. Everhart said the ordinance also includes water department expenses which Council has previously approved. The ordinance will be amended by second reading to include the $1500 for the roof repairs to the Cemetery Lane house. Councilwoman Richards moved to adopt Ordinance #36, Series of 1991, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Richard, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #37, SERIES OF 1991 - Water Conservation Councilwoman Pendleton moved to read Ordinance #37, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. 10 Regular Meeting Aspen City Council September 23, 1991 ORDINANCE #37 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE TO ENSURE WATER CONSERVATION BY AMENDING SECTION 7-232 TO REQUIRE THE INSTALLATION OF HIGH EFFICIENCY PLUMBING FIXTURES IN NEW CONSTRUCTION OR THE REMODELLING OF EXISTING STRUC- TURES; AMENDING SECTION 7-233 TO REGULATE OUTDOOR LANDSCAPING; ADDING SECTION 7-235 TO REQUIRE PROPER SOIL PREPARATION FOR LANDSCAPING PRIOR TO NEW CONSTRUCTION OF RESIDENTIAL, COMMERCIAL OR INDUSTRIAL STRUCTURES; ADDING SECTION 19-128 TO REQUIRE CONSERVATION OF WATER IN THE PUBLIC RIGHT OF WAY; AMENDING SECTION 23-151 RELATING TO THE PROHIBITION AGAINST THE WASTING OF WATER; AND ADDING SECTION 23-157 TO REQUIRE THE DIRECTOR OF WATER TO DEVELOP A CONSUMER EDUCATION PROGRAM ON WATER CONSERVA- TION was read by the city clerk Larry Ballenger, water department director, told Council this ordinance is to help guide the city with policies in water conservation. The policies are based on existing city ordinance and proven existing programs. Ballenger said he hopes to develop programs to educate the public in water efficiency and not dictate policy. Councilman Reno asked how sections of this will be enforced, like soil preparation. Ballenger said this will be enforced through the building department. There is a staff member who does a physical fixture count in new structures. Councilwoman Richards asked if there will be list of appropriate plantings, available shower heads, etc. Ballenger said staff will be addressing a retrofit program during the 1992 budget. Mayor Bennett asked if the parks department has worked on this. Ballenger said he has worked closely with the parks department on this and on other policies for the future. Councilman Peters said this is important to have on the books as advisory standards. Councilman Peters reminded Council this ordinance is tied to the moratorium on water extension. Councilman Peters requested Council consider extending the moratorium on water extensions. Councilman Reno moved to adopt Ordinance ##37, Series of 1991, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #39, SERIES OF 1991 - Ute Avenue Improvement District John Worcester, assistant city attorney, reminded Council a group of residents brought this issue to Council in 1990 and requested help in improving portions of Ute. The work was tabled pending the adoption of the trails and bicycle study. After the residents 11 Regular Meeting Aspen City Council September 23, 1991 worked on the special improvement district, residents of upper Ute Avenue who were not included came to Council and requested to be included. A public hearing has been held by the city manager. As a result of this hearing, the city manager disapproved the improve- ment district as she felt the entire Ute Avenue in the district would be more advantageous to the city and more economical for the residents. Worcester presented a resolution including both the upper and lower portions of Ute avenue in a special improvement district. There are several parcels of land owned by the city; Ute Cemetery, Ute Children's Park, Glory Hole park, and Ajax Park. The city will participate in and pay for these improvements. The residents from the upper portion have indicated a willingness to contribute $100,000 which is 18 percent of the entire project. The city will have to pay $150,000 to $180,000 of the proposed costs of $549,000. The city can defray the costs of this over 10 years. Worcester said this is the first step in the formation of an improvement district. Jim Gibbard, engineering department, said street widening, drainage, and the curve by the cemetery will be looked at. Councilman Peters asked what the city's annual costs will be and how they will be paid for. Bob Gish, public works department, said the funding will be over a 10 year period. McGrath said the then-city manager had found some funding areas and areas of places it would replace in the budget. Councilman Peters said this should have an accurate number and be worked into the 10 year capital improvement plan. McGrath said staff can have these figures for the ordinances. Councilwoman Richards moved to approve Resolution #39, Series of 1991, the formation of the Ute Avenue improvement district; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #38, SERIES OF 1991 - Barnard Park Court Councilwoman Pendleton moved to read Ordinance #38, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #38 (Series of 1991) AN ORDINANCE OFFICIALLY NAMING THAT CERTAIN STREET EAST OF BUGSY BARNARD PARK BETWEEN CEMETERY LANE AND STATE HIGHWAY 82 "BARNARD PARK COURT" was read by the city clerk Councilwoman Richards moved to adopt Ordinance #38, Series of 1991, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. 12 Regular Meeting Aspen City Council September 23, 1991 TERMINATION OF CITY MANAGER CONTRACT Councilman Peters moved to terminate the existing city manager contract; seconded by Councilwoman Pendleton. IMPOUND LOT Tom Dalessandri, police department, reminded Council last month they directed staff to remove vehicles the police department had been storing on the snow melt area. Dalessandri told Council the police department removed all the vehicles they were responsible for. There were a number of other vehicles on site. All vehicles left in excess of 3 days were taken to the dump. Dalessandri said a revised "No Overnight Parking" sign has been posted. Dalessandri the issue is what the police department is to do with vehicles they tow. Dalessandri said staff has looked and used some at Iselin park parking lot, the Dean street (volleyball courts) parking lot, Rio Grande parking lot, the area behind the Red Roof and golf course parking lot. Dalessandri told Council each end of the Obermeyer building site is owned by the city. These areas are being used by the tenants of the building. Either area is substantial enough to be used as an impound lot. Dalessandri said the most important issue in an impound lot location is accessibility for people to recover their cars. Dalessandri said the area on Bleeker street is the most ideal location for recovery of cars . The second choice is the Rio Grande lot for the same reasons. The last choice is the golf course. Dalessandri said 15 to 18 spaces are needed. Dalessandri said there is a time factor for the towing trucks when the impound lot is outside the central core; it would take more trucks and cost more to tow. John Goodwin, police chief, said another difficulty is finding a company to do the towing for the city. Councilman Reno said he does not feel it should be made easy for people who are retrieving their cars. Goodwin said the least amount of pain for people is also the least amount of pain for the police department. One reason the city tows is for snow removal. Mayor Bennett said this also has to do with the message the city is sending tourists. Goodwin told Council the FAA will not allow an impound lot at the airport. Councilman Peters suggested the city continue to use the present lot, now that the tent is down and winter is approaching. In the interim this will create less impact and hassle. Jed Caswall, city attorney, suggested that the area round the Obermeyer building be added to the SPA planning for the Rio Grande. Councilwoman Richards said these businesses are service businesses for Aspen; however, the city charges for use of the mall and the city should be charging rent for this area. Council agreed to the status quo for towed cars in the interim. 13 Regular Meeting Aspen City Council September 23, 1991 Councilwoman Pendleton moved to go into executive session to discuss hiring an interim city manager; seconded by Councilwoman Richards. Council went into executive session at 8:55 p.m. ``~ r Kathryn Koch, City Clerk 14