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HomeMy WebLinkAboutminutes.council.19911111Regular Meeting Aspen City Council November 11, 1991 PRESENTATION OF BUDGET AWARD 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 LIQUOR LICENSE RENEWALS 4 LIQUOR LICENSE TRANSFERS - Grand Aspen; Szechuan; Espana 4 19 9 2 BUDGET 4 ORDINANCE #42, SERIES OF 1991 - Ute Avenue Improvement District 4 ORDINANCE #24, SERIES OF 1991 - Newsracks 5 ORDINANCE #37, SERIES OF 1991 - Water Conservation 6 RFTA 19 91 BUDGET 7 ORDINANCE ##40, SERIES OF 1991 - 1001 Ute Avenue Lot Line Adjustment 8 SNOW DISPOSAL 8 ADOPTION OF LOCAL IMPLEMENTATION PLAN TO REDUCE PM 10 11 1006 E. COOPER ENCROACHMENT - Rigsby 12 REQUEST FOR ENCROACHMENT - Haan 12 COUNTY REQUEST TO USE RIO GRANDE FOR TEMPORARY STORAGE 14 ORDINANCE #43, SERIES OF 1991 - Community Center rezoning to Affordable Housing 14 SCHEDULE BOARD INTERVIEWS 15 KRAUT REQUESTS FOR PROPOSALS 15 RIO GRANDE KAYAK COURSE 16 18 Regular Meeting Aspen City Council November 11. 1991 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Richards, Reno, Pendleton and Peters present. PRESENTATION OF BUDGET AWARD Mayor Bennett announced the city has received the Government Finance Officers distinguished budget award for the 1991 budget document. This is the fifth year the city has received this award. The award shows a commitment to excellence in providing information to citizens and other agencies regarding the city's budget. Mayor Bennett and Council presented this award to Dallas Everhart, finance director. CITIZEN COMMENTS 1. Raymond Auger, business owner on Rio Grande place, reminded Council several weeks ago he presented a petition signed by all the people on work on that block, employees and employers, regarding timed parking. Auger said the parking on this block is limited to these business people. Everyone objects to the new parking regulations, which cause divisiveness and are a parking harassment. Auger requested direction on getting the city to remove these restrictions. Amy Margerum, city manager, suggested Council direct staff to put this on their next agenda. Councilman Peters said Auger has presented a case for the business owners not liking these restric- tions, not whether this is a good policy or not. Councilman Peters pointed out there is timed parking all over town; businesses do not have guaranteed spaces in front of their stores. These are spaces for patrons. Councilman Peters said the city should not be providing long term parking for business owners in one area. Councilman Peters said someone from a business in the downtown area could come in and make the same request. Councilman Peters said people who need to park long term have the parking garage only a block away. Mayor Bennett said this should be on a future agenda with a one page memorandum from staff outlining the pros and cons and that Auger summarize his arguments in one page. Councilwoman Richards said parking in town is an overall plan. Addressing this one block is very piecemeal. Councilwoman Richards said she does not like looking at this block in isolation. Councilwoman Richards pointed out the library and youth center are in the next block and the parking situation in this area will change. This will be on the November 25th agenda; in the meantime keep enforcing the parking regulations. 2. Phoebe Ryerson said the city should very seriously question whether the planning department knows more about private property 1 Regular Meeting Aspen City Council November 11, 1991 rights than the owners. Ms. Ryerson said the new zoning approach in planning is antagonizing almost everyone in town. Ms. Ryerson said the city should not be so experimental. Ms. Ryerson said courtesy to visitors and citizens is equally important. COUNCILMEMBER COMMENTS 1. Councilwoman Richards said at the intersection of Cooper and Original there is a new 4-way stop sign. Councilwoman Richards suggested a right turn lane north onto Original rather than parallel parking to help ease the traffic situation. 2. Councilwoman Richards announced a Burnt Mountain scoping session to begin the process with the forest service November 21st at 7 p . m . at the Inn at Aspen . There is a meeting November 13th at 6:30 at the Pitkin County Library meeting room with the EPA for citizen input on how to better manage clean up sites overall. The League of Women Voters is hosting this meeting. 3. Councilwoman Richards asked if the city is doing anything about reapportionment. Dividing the city into 2 or 3 districts is madness. Mayor Bennett said the county has written a letter and suggested the city write one, also. Council agreed. 4. Councilwoman Richards brought up an issue of international Newsweek with a cigarette advertisement on the back using the name of Aspen, Colorado, and a gondola in the background. Councilwoman Richards requested staff write a letter to the editor explaining the city' s strong no smoking legislation and that the ski companies no longer accept tobacco companies as sponsors for events on their mountains. Council agreed. 5. Councilman Peters requested Council convene an executive session to talk about real property acquisition. Council scheduled a special meeting Monday, November 18th at 8 a.m. 6. Councilman Peters suggested the youth center lease just drawn up by the attorney's office may be used as a model lease for all non-profit leases of city property. Councilwoman Pendleton said she is not ready to say this is the perfect lease. Councilwoman Pendleton said each group and lease seems to have a different set of circumstances. Mayor Bennett said having a standard, model lease would make the city more like a landlord who does not do a different lease for every space. Mayor Bennett suggested a one page outline listing the essential elements of the lease; from this Council could develop a lease they want. 7. Councilman Peters said the highway department is imposing load limits on Maroon Creek bridge. Councilman Peters asked if the engineering department has received information on what parameters 2 Regular Meeting Aspen City Council November 11~ 1991 were used for this decision. Amy Margerum, city manager, said a letter was sent requesting these parameters. Bob Mosten, depart- ment of transportation, is coming to Aspen for a meeting next week. Councilman Peters said he is not interested in talking about land for the highway until the DOT responds to a request from staff. 8. Amy Margerum, city manager, requested Council add the Kraut RFP to the agenda. Councilman Peters moved to add this as agenda item IX(i); seconded by Councilwoman Richards. All in favor motion carried. 9. Amy Margerum, city manager, said there was a meeting held Friday on the red brick school. The staff would like to meet with Council to discuss financing options. A staff member is at the school board meeting to take notes on their action. Councilwoman Richards brought up the noise complaint at the Tippler and asked when the city last reviewed the noise standards. Amy Margerum, city manager, said these have been extensively reviewed; however, because of the type of noise problem, it takes very sophisticated equipment to monitor the noise. Ms. Margerum pointed out it would not be useful to amend the noise ordinance unless the city has the equipment to enforce it. Ms. Margerum said one solution is to examine the land use code and not allow music in buildings that abut lodges. Councilwoman Richards said the complainants have not gotten the benefits of discussions of the noise complaints and what the city has done. Councilwoman Richards said she would not like the city to just dismiss this out of hand. Councilman Reno said during the budget process the Council has heard how government is being leaned on to solve problems. Councilman Reno said these people may need to work out the problem amongst themselves and the city should not spend time and money increasing equipment and work load. Jed Caswall, city attorney, said the complaining party can take this to civil court. Caswall pointed out a lot of noise complaints are at 2 a.m. when bars are closing and people are being noisy in the streets. Caswall said the police department already checks out these areas. Mayor Bennett requested a memorandum from staff what has been done on the Tippler, what the noise standards are, responses to the neighbors and any possible remedies. Councilwoman Pendleton said she would prefer not to have the city involved in this. 10. Mayor Bennett asked how many parking spaces will be lost at Original and Cooper and a result of changing the parking to parallel. Jim Gibbard, engineering department, said no more than two spaces. Council agreed to discuss the red brick school at lunch Monday, November 18th. 3 Regular Meeting Aspen City Council November 11, 1991 CONSENT CALENDAR Councilman Reno moved to approve the consent calendar; seconded by Councilman Peters. The consent calendar is: A. Minutes - October 15, 28, 1991 B. Resolution #44, 1991 - Designated Emergency Response C. Youth Center Lease D. Dooger Digging Equipment Lease A11 in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the liquor license renewals for Wienerstube; Grog Shop; Guido's; Ute City Banque; seconded by Councilwoman Pendleton. All in favor, motion carried. LIQUOR LICENSE TRANSFERS - Grand Aspen; Szechuan; Espana Councilman Peters moved to approve the liquor license transfer of the Grand Aspen to Sage Aspen Inc., Szechuan to Kenichi of Aspen, Inc. and Espana to Su Casa Inc; seconded by Councilwoman Pendleton. All in favor, motion carried. 1992 BUDGET Dallas Everhart, finance director, pointed out through November 5, Council has spent 49 hours in budget work session. This week Council will have meetings Tuesday and Wednesday nights. Everhart said the revenues from highway users tax funds and county road and bridge funds will be used for street maintenance. The park dedication fees will be used for capital requests in the parks and open space funds . The parking impact fees will be used for parking garage operations. The housing payment in lieu fees will be brought to Council for approval. The current budget deficit is $183,000. Mayor Bennett opened the continued public hearing and continued it to November 25, 1991. Councilman Peters said the Aspen air show requested $10, 000 and was funded nothing. Councilman Peters requested Council consider funding them $2,000, the difference in grants and targets for grants. Mayor Bennett said Grassroots should be addressed. Councilwoman Richards said Jazz Aspen requested money and received none. Jazz Aspen is a weekend event that brings in revenues. Council decided to discuss this at the next open items meeting. Councilwoman Pendleton moved to continue the budget to November 25, 1991; seconded by Councilman Peters. All in favor, motion carried. 4 Reaular Meetina Aspen City Council November 11, 1991 ORDINANCE #42, SERIES OF 1991 - Ute Avenue Improvement District Cindy Wilson, assistant city manager, said Council can pursue the project and get started with engineering design or wait and have this prioritized by the citizens' capital committee. It will be tight to meet a construction schedule if this is put off for a month. Councilwoman Pendleton said Council has appointed a committee and she is opposed to approving any capital improvement item without a recommendation from this group. Councilman Peters said a citizens committee has been active on this project for a long time and are willing to put up a lot of money for this project. The city will get major street improvements leveraged from other people's money. Bob Daniels, engineer, told Council the sooner this can go to bid, the better prices they will be able to get; however, they had not anticipated bidding this until March 1st and could wait for a decision until December 1. Councilwoman Richards said the pedestrian trails and bikeway plan made this one of their top recommendations. Councilwoman Pendleton said the point of the capital projects committee is to review everything not in a vacuum. Councilwoman Pendleton said she supports this project but wants it reviewed. Councilman Reno agreed with Pendleton on putting this off. Nick McGrath, representing Ute Place, reminded Council this effort was started in 1989, tabled for the pedestrian bikeway plan, tabled in order to allow upper Ute to join the district. McGrath said he will have to go to another committee to convince them to favor this project. Mayor Bennett said the plan has been debated for a long time; however, the city's $73,000 contribution is new and has not been discussed. Amy Margerum, city manager, told Council the parks department is working on the Rio Grande site and is removing fill from this site. The city will save money if they can move the fill to Ute Avenue now. Councilwoman Pendleton moved to table Ordinance #42, Series of 1991, to November 25, 1991; seconded by Councilman Reno. All in favor, with the exception of Councilmembers Peters and Richards. Motion carried. ORDINANCE #24, SERIES OF 1991 - Newsracks John Worcester, assistant city attorney, requested Council table this until a representative of the CCLC can be present to explain their work and negotiations. Councilwoman Richards said she is concerned about the newsracks that are not bolted down and are a safety issue for this winter. Councilwoman Richards said she would like a letter to the distribution companies to reiterate the city's 5 Regular Meeting Aspen City Council __November 11, 1991 intention. Hal Clifford, Daily News, told Council the distributors met with the CCLC, made site visits, kept lists of what needed to be done. Clifford said the next letter from CCLC said people have not complied and they are going to pass the ordinance. Councilwom- an Richards said at the last meeting there was no representative from CCLC. Council does not want to wait 6 months to have the safety issues addressed. Councilwoman Pendleton said she is disappointed that no one from CCLC is doing a follow up on this or is at this meeting. John Colson, Aspen Times, said Council does not have any guidelines to say what is safe and what is not. Councilwoman Pendleton said she wants it communicated to the CCLC that Council wants action. Councilman Peters agreed this should be postponed for two weeks. If there is not going to be a lot of compliance or this will take a lot of staff time, there may be no sense to this ordinance. Clifford told Council USA Today replaced all their boxes and may not have been told these boxes needed to be bolted down. Mayor Bennett requested CCLC show up at the next meeting and also requested letters sent to USA Today about the bolting requirements. Councilwoman Richards moved to table Ordinance #24, Series of 1991, to November 25, 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #37, SERIES OF 1991 - Water Conservation Amy Margerum, city manager, reminded Council this ordinance was continued so staff could address the concern about raw water. Larry Ballenger, water department director, said staff continues to work on using non-potable water for irrigation purposes. Ballenger said these are two specific utilizations of water and should not be integrated in one ordinance. This ordinance is specifically for potable water. Ballenger recommended staff come back with a new ordinance on potable water, how it is used, how it is applied and how administered. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters said the arguments for conserving potable water are that it takes effort to treat the water and uses plant capacity. Also the waste water into the sewage system has to be treated before it goes into the river. Councilman Peters said focusing on potable water is the improvement he was looking for in this ordinance. Councilman Reno asked how this ordinance will be enforced; how will the city force someone to use mulches to reduce water needs or to use lower water demand plants. Ballenger said when plans are submitted to the city, the landscaping plans are reviewed to make sure people have the proper mulching, the proper 6 Regular Meeting Aspen City Council November 11, 1991 soil stabilization. Councilman Reno said it is good to conserve water but requiring a landscape plan will increase people's costs. Jed Caswall, city attorney, agreed this will not catch someone who is just re-doing their lawn. Mayor Bennett asked if there is something in between a full landscape plan and nothing. Mayor Bennett suggested a list of plants people intend to use. Ballenger noted the ordinance requires a list of plants be maintained for people desiring to install landscaping. Councilman Peters suggested a pamphlet of recommendations and standards that will comply with this ordinance and give it to people applying for a building permit. Mayor Bennett said having people list the plant material for their yard will make them think about what they are doing. Councilwoman Richards said she would rather control landscaping through water costs. Amy Margerum, city manager, said the ordinance as written is more concerned with soil preparation, grasses and irrigation and says the city will provide a list of plant species, without legislating it. Ms. Margerum suggested staff could work on an implementation package to be handed out to the public. Jed Caswall, city attorney, suggested adding "the director of parks shall promulgate and advisory list of ..." Council agreed. Councilman Peters moved to adopt Ordinance #37, Series of 1991, as amended on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. RFTA 1991 BUDGET Dan Blankenship, general manager RFTA, presented the proposed budget and Resolution 91-8 which summarizes the revenues and expenditures and adopts the 1992 budget and Resolution 91-9 which appropriates money to RFTA for the 1992 budget. Blankenship told Council according to the terms of the IGA, RFTA is required to submit their budget to the city and county for approval. Blanken- ship told Council their major source of revenue is sales tax. RFTA is projecting a 3 percent increase over 1991 for sales tax. The net sales tax revenues is $2,444,000. Blankenship said about $709,000 will be generated from fares. The total operating revenue from all sources is $4,051,000. Blankenship said exhibit 5 shows the monies required from local governments to fund the skiers shuttle program for the next 10 years. Blankenship told Council in their 12 year financial plan it looked as if they would be in a deficit by 1994. The RFTA Board looked at an additional .005 cent sales tax and decided not to pursue it. Instead the Board worked on cost reductions and revenue enhancements. In order to make 1991 budget balance, the Board eliminated the airport shuttle, reduced city service in the off 7 Regular Meeting Aspen City Council November 11, 1991 season, reduced Woody Creek to winter season. There will be a $.50 fee increase for down valley routes. All of the line items have been examined and reduced wherever possible. The total expendi- tures for 1992 is $3,982,000. Blankenship told Council in making cost cuts and increasing revenues, the Board has tried to push out the deficit as far as they can and have managed to get the deficit to 1999. Blankenship said RFTA intends to keep trying to push the deficit out another year in each budget year. Blankenship pointed out RFTA's capital budget is very lean. In 1992 they will buy 5 new buses for the skiers shuttle, pay debt service on buses they currently have, put up some bus shelters and replace some supervisor's vehicles. Councilwoman Richards asked what supervisors use their vehicles for. Blankenship said they cover accidents, they dispatch buses from Snowmass, collect ticket sales throughout the valley. Councilwoman Richards said two vehicles for $30,000 seems high. Blankenship said they hope to get a van for one of these vehicles and also use it to meet the disabilities act requirements. These vehicles are also used by the office staff. Councilman Reno suggested looking into sharing vehicles with the city and/or county. Councilman Peters asked where the capital fund gets funded. Blankenship said this is a combination of $300,000 of sales tax that goes into capital; there is a balance from 1990. Councilman Peters asked what is driving the deficit. Blankenship said expenditures are going up because RFTA expanded service; ridership has gone up 80 percent in 2 years on the down valley program. It is expensive to meet this demand. Blankenship said the maintenance facility and 16 of the buses were funded through a federal grant. Starting in 1996, replacement of these vehicles is due and RFTA will probably be paying full price for these vehicles. Blankenship pointed out in 1989 RFTA purchased 10 buses for the skiers shuttle and paid cash for these buses . This depleted a lot of the surplus . Blankenship said he feels good that RFTA has been able to push the deficit out 5 years. Mayor Bennett said there is a reduction in revenues due to fare increases. Mayor Bennett requested RFTA track this and let Council know what happens. Blankenship said they hope there will not be a decrease in ridership; however, it is prudent to budget for it. Mayor Bennett asked about the 3 percent salary increase. Blanken- ship told Council RFTA has consultants that do a salary survey update annually. This 3 percent increase is a recommendation from them. Councilwoman Pendleton moved to approve RFTA budget resolution 91-8 and 91-9; seconded by Councilman Peters. All in favor, motion carried. 8 Regular Meeting Aspen City Council November 11, 1991 ORDINANCE #40, SERIES OF 1991 - 1001 Ute Avenue Lot Line Adjustment The applicant has requested this be tabled and they hope to have their issues resolved in 2 weeks. Councilwoman Richards moved to table this to November 25, 1991; seconded by Councilman Reno. Motion carried. SNOW DISPOSAL Chuck Roth, city engineer, recommended in light of budgetary constraints that the snow melter be maintained in its existing location on the Rio Grande. Roth said staff is sensitive to the fact that Council would like this moved and have looked at various locations. Roth told Council originally the city budgeted for 3 snow melters to melt all the snow on site. Since then, service levels have increased and staff feels they would need 5 to 6 snow melters. Jack Reid, streets superintendent, told Council in 1989 the city changed the way snow was removed from the streets. Now the city contracts trucks to haul the snow while the city crew is plowing the streets. The two operations can run simultaneously. Reid pointed out the city will have to comply with the new imposed load limit on the Maroon Creek bridge, which may affect where the city hauls the snow. Roth said space requirements for naturally melting the snow is 3 acres; drainage is a prime consideration in snow disposal facility whether it is artificially or naturally melted. Reid said there will be the same mount of trash that will have to be removed no matter how the snow is melted. Roth told Council staff got formulae from the EPA for calculating the PM 10 produced by either process . The snow melter process does not produce much PM 10; burning of natural gas is almost 0. Hauling of snow with diesel trucks does add to PM 10. This is shown on the matrix drawn up by staff. This is about 1 percent of Aspen's PM 10, which is something to consider. Roth told Council the city spends about $25, 000 annually to melt the snow. Roth told Council a study was done which concluded the cost of melting snow versus hauling snow as break even at less than 2 miles. If you have to haul snow more than 2 miles, it is more economical to melt it. Reid said if the city added 5 melters so all snow could be melted and there would not be a pile, this would cost $350,000. A package plant to clean the water would eliminate the settling ponds, clean up and recycling the road sand would cost another $350,000. Roth gave Council a matrix with 15 alternatives outlining location, acreage, haul distance, number of trucks required, PM 10 impact, ownership, visual and environmental concerns. This is conceptual information and any site would require more study. Roth recommend- 9 Regular Meeting Aspen City Council November 11, 1991 ed any site that is picked be tried for one winter. There are no site development costs included in the matrix, such as improvements to roads. Some of the suggested sites are behind the airport, airport ranch, Iselin park vicinity, city/county landfill, Marolt property, golf course driving range, Independence pass gate, Burlingame ranch off old stage roach, highway 82 realignment. Council noted the highway 82 realignment was promised to the voters as open space. Roth said the M.A.A. parking lot of 2.6 acres is a possibility. The snow does not melt until as late as July on a parking lot. Benedict gravel pit and Pfister property are two other alternatives. Councilwoman Richards said it is apparent the city will be using the current snow dump location for this winter in a status quo situation. Councilwoman Richards suggested this matrix be given to the blue ribbon panel. Snow removal, operations and capital have large funding implications. Reid said the city could install snow melters in the recycle area, put a berm and conifers around this and have a compact unit right in town. This would not increase the haul distance nor the PM 10 effect. This should solve some complaints from Oklahoma Flats about truck noises. Councilwoman Pendleton asked why the city has to run the snow melter; why not stack the snow up by the recycle center and let it melt naturally into the ponds. Reid said the city will have to help this melt or there will not be enough room left. Reid said the city could build a concrete pad with hydronics in it with a continuous drain to ponds or to a package plant. Councilwoman Pendleton said she would like to see a cost analysis on this. Councilwoman Pendleton asked about leaving the snow on the Rio Grande, using it for Nordic skiing and letting it melt naturally. Reid said the snow cannot go into the river without being treated. Councilwoman Richards said the snow melt is effective and handy but it has always been a temporary use on the Rio Grande. Mayor Bennett said Council voted 5 to 0 in August to move the snow melt and to direct staff to find a new location. Councilwoman Pendleton said when she sees the logistics of trying to find another site, it makes one reconsider. Mayor Bennett said he is not inclined to direct staff to spend time to work on a proposal for $700,000 worth of snow equipment on the Rio Grande. Roth suggested using this winter to experiment hauling the snow to different locations on the matrix. Councilwoman Richards suggested also looking at hauling less snow and leaving more on the ground. Reid said the sooner the snow is gotten off the street, the easier it is for business, tourists and residents to function. Mayor Bennett said if Council is not going to reconsider the Rio Grande as a site, they should scratch options 1 through 3 and focus on options 4 through 15 and begin experimenting and researching the 10 Regular Meeting Aspen City Council November 11~ 1991 alternatives. Councilwoman Pendleton said she has wanted the snow melt out of the Rio Grande since the beginning; however, Council has to be realistic and look at all costs. There may be a way to hide this on the Rio Grande. Councilwoman Pendleton said she is willing to look at the Rio Grande. Councilman Peters said the city can change the scope of street plowing. Councilman Reno objected to the fact that the Rio Grande gets used for things other than its intended use . Councilman Reno said he does not want to see impound lots and snow melters on the Rio Grande. Amy Margerum, city manager, asked about the ramifications of using the golf course. Reid said anywhere this snow is dumped destroys the landscaping below it. Ms. Margerum suggested this be pursued either through the community planning group or the blue ribbon group. Councilwoman Richards suggested hiring a real estate agent to work on land purchases. Councilwoman Richards said this is very important for the blue ribbon panel to look at. Mayor Bennett said he does not want to get the blue ribbon panel involved on where to locate a snow melt. Councilwoman Pendleton said she is willing to look at a hidden snow melt facility on the Rio Grande. Councilman Peters said it is not outlandish to consider the recycling area for snowmelt. This area is on the edge of open space and industrial uses. The recycle area is not as much of an invasion of open space as the lower Rio Grande. Mayor Bennett said the most he could agree to is to leave this on the plate for the master planning process to consider. Councilwom- an Pendleton said she would prefer options 4 though 15; however, she will look at 1 through 3. Councilman Reno said he could support hiding this on the Rio Grande if the staff looks at different service levels. Mayor Bennett his priorities are (1) move it to the airport (2) leave more snow on the streets, and a distant (3) leave it on the Rio Grande property. Councilwoman Richards said she wants it moved it off the Rio Grande. George Robinson, parks director, pointed out if the streets department moves the snow to the sidewalk, his service levels will increase dramatically. Councilwoman Richards moved to go with the status quo operation of the snow melt this winter; seconded by Councilwoman Pendleton. All in favor, motion carried. ADOPTION OF LOCAL IMPLEMENTATION PLAN TO REDUCE PM 10 Lee Cassin, environmental health department, reminded Council Aspen's PM 10 levels have been high enough that Aspen has been declared a non-attainment area by the EPA. The Clean Air Act gives the responsibility to the state for coming up with a plan for all non-attainment areas in the state to comply with the federal standards. The deadline for the state to do that is November 21, 11 Regular Meeting Aspen City Council November 11, 1991 1991. Ms. Cassin said the state then sends this plan onto the EPA. If the state does not comply, the EPA will impose a plan upon the city. Ms. Cassin told Council the city received the draft plan, and made many corrections most of which have been accepted by the state. The plan requires a 24 percent reduction in PM 10 emissions from paved roads, like street sanding material, by November 1997. By November 1992, Council has to adopt enough ordinances that the EPA computer model can bring about that reduction. Ms. Cassin presented Council a list of concerns which she would like forwarded with the implementation plan. Ms. Cassin said one concern is that the city should meet with the state continually. Representatives doing the plan should come to Aspen. The study should start February 1st. Ms. Cassin said staff should get involved in the protocol and goals of any study. Ms. Cassin recommended Council vote to approve plan with the revisions made by staff and with staff's conditions added. Councilwoman Richards requested highlights of the plan. Councilwoman Richards asked if the city is getting full credit for the fireplace work that has been done in the past couple of years . Councilwoman Richards asked what other municipalities are doing that is acceptable to the EPA. Ms. Cassin said they have given credit for replacement of fireplac- es. Councilwoman Richards suggested the city should also get credit for the amount of funding given to RFTA for mass transit. Councilman Peters moved to endorse the Aspen state implementation plan and forward the recommended conditions 1 through 6 promulgated by Ms. Cassin and additionally forward to the state a list of the most significant PM 10 actions taken locally and #1 be strengthened to more accurately portray the level to which the APCEH would like to be involved in devising a plan for remediation; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Peters moved to suspend the rules and continue the meeting to 9:30 p.m.; seconded by Councilman Reno. All in favor, motion carried. 1006 E. COOPER ENCROACHMENT - Rigsby Rob Thomson, engineering department, reminded Council they granted an encroachment license for a structure at 1006 East Cooper encroaching into the right of way 6 feet by 32 into the alley. After this approval there were complaints from the neighbors and a request to rescind this license. Thomson said there was nothing in the letter that was not brought up in previous discussion. Thomson said staff's position has not changed from the first review; the applicant went through the process and followed the right proce- dures and received an encroachment license. Thomson recommended the license not be rescinded but that a condition be added that no future permits be issued for the property unless the encroachment 12 Regular Meeting Aspen City Council November 11, 1991 is corrected. Thomson said this means major redevelopment of the parcel itself, not this structure. Councilman Peters moved to accept staff's recommendation that the encroachment license remain in effect with the condition that no future permits will be issued unless this encroachment is corrected and by future permits this means in addition to the present renovation; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Reno. Motion carried. REQUEST FOR ENCROACHMENT - Haan Jim Gibbard, engineering department, told Council this is an encroachment application for trees in the alley at 201 South Garmisch. The engineering department recommends the encroachment be denied and that the trees be removed. Gibbard said there are utilities in the alley and the roots could be a problem for the underground utilities in the future. Gibbard said the applicant states the engineering policy is to allow landscaping in the right- of-way. Gibbard said this policy was not to address alleys but sidewalks. Gibbard noted the applicant states the fire department visited the site and has no complaints. Gibbard said in the past the fire department has supported the staff ' s effort to get rid of encroachments. Gibbard told Council the applicants say they received approval from the former parks director, Bill Ness. Gibbard noted only Council has the right to grant approvals for any encroachments into the right-of-way. Jack Reid, streets department, said the city's rights-of way should be protected. There are encroachments all over town. These encroachments serious impede the city's ability to clean the streets. Reid said these trees will grow. Reid encouraged Council to keep the rights-of-way open to allow the services to function better. Tom Smith, representing the applicant, presented a site survey and told Council the tree involves 5 pines with trunks of 1-1/2 to 2- 1/2 feet. Smith said the trees are located beyond the traveled portion of the alley and beyond the 14 foot graveled surface. Smith told Council there are improvements on the other side of the fence that would preclude relocating the trees on the other side of the fence. Smith told Council the trees serve as a visual barrier for the owners across the street and are also a public amenity. Frank Ross, representing the applicant, told Council when they put the trees in the right of way, they believed Bill Ness had the authority to tell them where they could put the trees. Councilwom- an Richards asked if the fence is encroaching. Smith said no. 13 Regular Meeting Aspen City Council November 11, 1991 Councilman Peters moved that the encroachment license be denied and that staff be directed to take no action to remove the trees; seconded by Councilman Reno. Jed Caswall, city attorney, said if the intent is to leave the trees, Council should approve the license. An encroachment license says the city will not be responsible for anything that happens to the trees. Mayor Bennett agreed, and noted the city will get the $300 application fee if the encroachment is approved. Councilman Peters withdrew his motion. Councilman Peters moved to approve the encroachment license; seconded by Mayor Bennett. Councilman Reno said the city has a duty to protect the public rights-of-way. These trees will grow, and there is some liability. If the neighbor across the alley wants to do the same thing, where does this stop. Councilwoman Richards agreed. Councilman Peters moved to call the question; seconded by Council- woman Richards. Mayor Bennett said he does not know why Council discusses encroach- ments. Mayor Bennett said he visited this encroachment and feels it is attractive and a plus to the neighborhood. Councilwoman Richards said these trees should be planted within the lot line rather than the alley. Mayor Bennett said he does not feel there is a connection between adding trees, which benefit the city, and outbuildings. Mayor Bennett said he does not have a problem with encroachment. Councilwoman Pendleton said this is a fairness issue. If the applicants were told by the city they could plant the trees, they should be able to stay. Mayor Bennett said also encroaching into this alley are a fence, parked car, dumpster, utility post and another building. Council requested staff draft a code amendment to have encroach- ments approved by staff and not Council. All in favor, with the exception of Councilmembers Reno and Richards. Motion carried. Councilwoman Richards moved to suspend the rules and continue the meeting to 10:00 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. COUNTY REQUEST TO USE RIO GRANDE FOR TEMPORARY STORAGE Amy Margerum, city manager, told Council the county has requested storing the affordable housing modules for Williams Woods on the 14 Regular Meeting Aspen City Council November 11, 1991 Rio Grande site. Ms. Margerum pointed out Council has given the authority to the Board of Adjustment to temporary storage ; however, Council must approve the application because they are the property owner. Council directed the city manager to make this decision. Councilwoman Pendleton suggested the Smuggler land being used by the EPA. ORDINANCE #43, SERIES OF 1991 - Community Center rezoning to Affordable Housing Councilwoman Pendleton moved to read Ordinance #43, Series of 1991; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #43 (Series of 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FROM PUBLIC (PUB) TO THE AFFORDABLE HOUSING (AH) 0100 LONE PINE ROAD, THE COMMUNITY CENTER SITE, ASPEN, COLORADO was read by the city clerk Leslie Lamont, planning office, told Council an application has been submitted by Common Ground Housing Association seeking to rezone 86,000 square feet from Pub to AH for a 100 percent affordable housing project. P & Z has reviewed and recommends approval. This is only the rezoning request. Councilman Peters moved to adopt Ordinance #43, Series of 1991, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. SCHEDULE BOARD INTERVIEWS Council requested the city clerk's office re-advertise for vacancies on the Board of Appeals, Wheeler Opera House and P & Z. KRAUT REQUESTS FOR PROPOSALS Amy Margerum, city manager, told Council a non-profit group has discussed developing the Kraut parcel. They were concerned that in rezoning this parcel, it would put financing limitations on private sector financing the project. Ms. Margerum said staff feels the city could go ahead with the rezoning and condition it to insure this is not holding back any private developers from financing options. Ms. Margerum said in order for other to also bid on this proposal, the housing authority has put together an RFP in order to weigh proposals for the property. Ms. Margerum said people are concerned about the city limiting the options by rezoning the property. Ms. Margerum said when the rezoning comes to Council it can be conditionally rezoned. 15 Regular Meetincr Aspen City Council November 11, 1991 Councilwoman Richards suggested two members of Council sit on the review committee instead of one. Councilman Reno said he is concerned about the sense of competitiveness with the housing authority being a participant in the RFPs. Councilman Reno said there are already proposals which the housing authority is privy to. Kunze said the housing authority will be challenged in striking the balance between incomes to be served while minimizing the level of city subsidy. Councilman Peters said the housing authority considered not making a proposal because they were afraid if they made a proposal and were not selected, they would be cut out of the supervisory loop. Councilman Peters told Council he has encouraged the housing staff to make a proposal. No matter who is selected, the city will want someone to act as their agent. Councilman Peters said he feels the housing authority should have the same advantage as any other competitor to put together a design team based upon experience. Mayor Bennett said he feels it is all right for the housing authority to compete but they should not be part of the judging panel. Councilwoman Pendleton said she is willing to go with staff's recommendation and allow the housing. Mayor Bennett agreed and requested the staff be deleted from the evaluating committee. Councilwoman Pendleton said the housing board members are lay people and the housing staff are more knowledgeable and should be evaluating the projects. Mayor Bennett said he does not think the housing staff should be voting on the evaluations but could be present and advise on the proposals. Mayor Bennett said staff should not see the other proposals until they have submitted theirs. Council agreed the staff members should be an ad hoc, non voting member. Jed Caswall, city attorney, requested the RFPs be mailed to the city manager's office. Council requested the voting committee be a planning and finance staff, Council, public and Housing Authority board member. Councilman Peters will be the housing authority board member. Councilman Reno will be the Council representative unless one of his clients is a bidder. Council agreed to have Councilman Reno serve if this will not be a conflict of interest. Mayor Bennett requested in addition to the RFPs that the housing office send out a press release. RIO GRANDE KAYAK COURSE Amy Margerum, city manager, asked permission to put fill from the kayak course both on Ute Avenue and Patsy Newbury Park. Council agreed. Councilwoman Pendleton moved to adjourn at 10:30 p.m.; seconded by Mayor Bennett. All in favor, motion carried.