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HomeMy WebLinkAboutminutes.council.19920427Regular Meeting Aspen City Council April 27, 1992 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Reno, Pendleton, Richards and Peters present. CITIZEN PARTICIPATION 1. Bob Edsoken reminded Council he has spoken to them p reviously about booting in private parking lots and in front of the Grand Aspen. Edsoken said people may be getting arrested because of booted cars. Amy Margerum, city manager, said staff took pictures of the signs and lighting. These signs are in compliance with all the existing ordinances and requirements. Ms. Margerum recommended that rather than rewriting city regulations for two parking lots, staff contact the owner of the lots to ask him to work with the city. Edsoken said the signs in front of the Grand Aspen do not say people will be booted; there is no lighting. Councilwoman Pendleton suggested someone from staff meet with the Grand Aspen and ask them to change their signs and improve the lighting. Councilwoman Richards agreed with an effort to work this out on a personal basis before ordinances are written. 2. John Christian, Topa Topa bungee jumping company, asked Council if this is going to be discussed. Mayor Bennett said permission to use city land is on the consent agenda. Christian told Council a balloon tethered in one spot is safer than actual free balloon flying. Councilwoman Richards said this is something that should be done on private property not city-owned property. Councilwoman Pendleton said there is a fairness issue; if the city lets one company, they have to allow others. Mayor Bennett pointed out a free-flying balloon takes off and is gone. This one would be tethered and be a spectacle with people jumping off it right next to the highway. Councilwoman Richards said she would like to know why balloons are using the Rio Grande property. Councilwoman Richards pointed out a lot of activity goes on at the Marolt property and she does not want to open it up to 4 or 5 bungee companies. Councilman Peters said this use is completely inappro- priate. Councilwoman Pendleton agreed staff should look at what other types of uses are currently on city property. Mayor Bennett said 4 or 5 balloons with bungees jumpers on the Marolt property would create massive traffic jams. The city has no grounds to let just one company use the property. Mayor Bennett said if Christian wants to make a case with staff, he can do that. Councilman Peters said he does not want to waste staff's time with this. Councilwom- an Richards said her concerns are the city's insurance company, whether this company has pursued a private location, whether the CDOT would approve this use within 50 feet of a highway. 3. Phoebe Ryerson said one of the goals of the Council is to work in cooperation with citizens of the city and county in defining the goals for a more desirable community. Ms. Ryerson asked if that 1 Regular Meeting Aspen City Council April 27, 1992 means when she asked for information, she can have the courtesy of staff assistance on the Rio Grande property and public trails. Mayor Bennett said the staff is available to all citizens and spends a considerable amount of time responding to citizen's questions. Amy Margerum, city manager, told Ms. Ryerson to come to her with the requests and she will get them taken care of. 4. Richard Sherman, Grassroot s TV board member, requested a grant from Council for the down valley expansion of grassroots TV. Councilwoman Richards moved to add this to the agenda as action item (n); seconded by Councilwoman Pendleton. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Mayor Bennett, Council and staff made a special presentation to Councilman Peters for being authorized to fly alone at high altitudes. 2. Councilman Peters moved to table Ordinance 12, Aspen Winter Garden Ice Rink PUD; Ordinance 18, Ute Park Subdivision Final PUD, and 34, Inventory of Historic Sites and Structures; seconded by Councilwoman Richards. All in favor, motion carried. 3. Councilwoman Richards said she would like to get together with Amy Margerum, city manager, John Goodwin, police chief and Councilman Reno to discuss no bicycles on the sidewalks and the roller bladers in town. The city will have to do some community public relations. 4. Councilman Reno said he just returned from some r esorts in the southwest where he saw Dihatsu utility vehicles in use as shuttles. Councilman Reno suggested these might be investigated for the cross town shuttle. 5. Amy Margerum, city manager, reported the Roaring Fork forum meeting was very successful; there was a lot of participation. The top priority for a project in 1992 it a comprehensive transpor- tation plan. Ms. Margerum said she would like to set up another Roaring Fork Forum meeting, primarily with elected officials to go over the process for this project. Council tentatively scheduled this for May 21. 6. Amy Margerum, city manager, told Council there is a meeting scheduled May 13 at 7 p.m. at the Town of Snowmass Village council chamber on the Snowmass to Aspen transit plan. This is also with the County Commissioners 2 Regular Meeting Aspen City Council April 27, 1992 7. Amy Margerum, city manager, said she handed out a letter about new wheeling rates for WAPA. This can be handled administratively. 8. Bob Gish, public works director, told Council the company doing the rotomilling work on highway 82 in Glenwood finished early and would like to start in Aspen this week. Gish said staff feels it is in the best interest to get this work done as early as possible. The highway department is requesting to work from 6 a.m. to 10 p.m. Gish told Council staff will not allow them to work during commuter traffic hours. Gish said they would also like to know if they can work weekends. Tom Dunlop, environmental health department, told Council the product they are pulling up off the streets has some value to it, and the CDOT has asked to be able to put it at the Molly Gibson park. Dunlop told Council he suggested they contact the EPA about this. Councilwoman Richards asked how long this material would be stored. Dunlop said there is a planned use for it and it would be gone by the end of summer. Dunlop said he will contact the Smuggler caucus to get their input. Rob Thomson, engineering department, told Council highway 82 will not be paved any earlier than in the original plan. Councilwoman Richards said evening work is okay with her as long as the flagging is acceptable to the police department. Thomson told Council staff has contacted bicycle shops about this work and has radio spots. Council agreed to weekend work. Councilwoman Richards suggested a message in the school bulletin. 9. Amy Margerum, city manager, requested Ute Mountaineer Agreement be taken off the consent calendar. Councilwoman Pendleton moved to table Ute Mountaineer Contract to May 11; seconded by Councilman Reno. All in favor, motion carried. Mayor Bennett moved Resolu tion #18 - Supporting Aspen Real-Time Rural IVHS Grant from the consent calendar to action item (o). CONSENT CALENDAR Councilman Peters moved to pass the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: A . Minutes - April 13, 1992 B . Animal Shelter Contract C . Resolution #19, 1992 - Deputy Munic ipal Judge/Stuller D . Resolution #20, 1992 - Undesirable Plant Act E . Quit Claim Deed Loushin Brothers F . Resolution #21, 1992 - Water Line Easement - Youth Center G . Permission to Apply to Use City Land - Bungee Jumping All in favor, motion carried. 3 Regular Meeting Aspen City Council April 27, 1992 ORDINANCE #21, SERIES OF 1992 - City Shop Landmark Designation Roxanne Eflin, planning office, told Council this designates the old power plant, now city shop, as a historic landmark. The building was built in 1893 and converted to public use in the 1950's. HPC, P & Z and staff believe landmark designation is in keeping with the city's policies. This property is eligible for listing on the national register. The building meets 4 of the 6 standards for designation. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #21, Series of 1992, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Reno, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #26, SERIES OF 1992 - Sales Tax Self Collection Councilwoman Pendleton moved to read ordinance #26, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #26 (Series of 1992) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING AND REENACTING ARTICLES I, II AND III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ENACT GENERAL SALES TAX ADMINISTRATIVE REGULATIONS AND PROCEDURES FOR THE SELF COLLECTION OF RETAIL SALES TAXES; CODIFYING PREVIOUSLY ENACTED ORDINANCES IMPOSING RETAIL SALES TAXES, ESTAB- LISHING SPECIAL FUNDS AND LIMITING THE EXPENDITURE OF SALES TAX REVENUES TO SPECIFIED PURPOSES; AND PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH was read by the city clerk Dallas Everhart, finance director, reminded Council during the 1992 budget, Council approved the city collecting its 1.7 cent city-only sales tax. This ordinance enables the city to collect their sales tax. Everhart told Council several sections are standard through- out the state so if people have businesses in more than one town, this ordinance will be consistent. Everhart said a citizen committee was involved in the drafting of this ordinance. This committee made three recommendations (1) the city should not expand its sales tax base; this would be an increase in sales tax; (2) there should be some way to deal with non-profit organizations; and (3) there is a way to collect deposits for sales tax. 4 Regular Meeting Aspen City Council April 27, 1992 The committee recommended a deposit for all new businesses. Staff suggested the city reserve the right to collect a deposit from businesses. Everhart said when a non-profit corporation purchases something for their consumption, that is not a taxable sale. When this non-profit organization is generating a transaction, they have to collect sales tax. Everhart said staff's goal is to identify all taxable items in an effort to increase the city's revenues. This will be done through education, not through increasing the sales tax base. Everhart said for transient or weekend sales, the city will require a sales tax deposit. The ordinances caps the vendor fee at $50. This fee should reflect the vendor's time for doing the paper work on remittances to the city. Everhart pointed out sale of items by charitable organizations of $25 or less, provided the event is not to exceed 3 consecutive days or 9 days in a year, has been written as a tax exempt sale. Everhart said this is only if all items are less than $25. There are penalties for businesses that are consistently late and interest if one is delinquent with sales tax payments. Everhart noted if one is delinquent on their sales tax, they forfeit their vendor's fees. Everhart said the city proposes to go to monthly collection of sales tax rather than quarterly. With the seasonal nature of the businesses in Aspen, one advantage is having monthly payments. Councilwoman Pendleton requested staff get information out to the non-profit clubs, like the Elk's and Eagle's, to go over these regulations. Everhart agreed he will emphasize these are not new taxes. Councilwoman Richards asked about sales tax on items shipped out of the community. John Worcester, assistant city attorney, said this ordinance exempts only sales shipped out of state. The federal constitution only allows Congress to regulate interstate commerce. Mayor Bennett asked what affect this will have on revenues. Everhart said the revenues will increase through education and awareness. The city collects $4 million in sales tax. There may be a 3 or 4 percent increase in revenues, which will pay for the cost to collect the sales tax Councilman Peters said one advantage is that the city will have monthly reports on the sales tax collections. H. E. Richey, retailer, said they pay sales tax monthly. The state operates a good system. This will create another level of bureaucracy to do something that has always been done and will increase paperwork for all businesses. Everhart said the funds will go into the community more directly rather than be funneled through the state. Councilman Peters said the value to this community of one month investment's of the sales tax proceeds is a vast improvement. 5 Regular Meeting Aspen City Council April 27, 1992 Councilman Peters moved to adopt Ordinance #26, Series of 1992, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. 6 Regular Meeting Aspen City Council April 27, 1992 ORDINANCE #27, SERIES OF 1992 - Special Event Permits and Fees Councilwoman Pendleton moved to read Ordinance #27, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #27 (Series of 1992) AN ORDINA NCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY DELETING SECTION 13-31(a) RELATING THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS, REPEALING AND RE-ENACTING SECTION 13-83 RELATING TO PARADE PERMITS, ADDING SECTIONS 12-101 THROUGH 12-113 ADOPTING A SPECIAL EVENTS PERMIT TING PROCEDURE, ADOPTING A PERMIT PROCESSING FEE AND RELATING PROVISIONS was read by the city clerk Patsy Malone, personnel director, reminded Council they approved a fee schedule for special event permits during the budget session. Ms. Malone said city time and expenses for special events have been increasing every year. The ordinance contains a processing fee as well as a fee schedule for individual departments. These are in Section 12-107. Councilman Reno asked what happens if the fees are more or less than is charged. Ms. Malone said there is a bonding requirement. Councilwoman Pendleton asked where 50 persons or less for a small event came from. Ms. Malone said this figure is flexible. Councilwoman Richards asked about events for a small family reunion in a city park. Ms. Malone said this would not require a special event permit and is the use of a park; there is a parks use permit available at no charge for these types of events. John Worcester, assistant city attorney, said if someone wants exclusive use of a park, they would need to get a special event permit. Mayor Bennett asked if there should be a casual use exclusion. Worcester explained some of this language comes from the existing code. Councilman Peters agreed with casual use. Worcester said the code intended if there is an assembly of people who want to rally for a cause, the police department needs to know about this ahead of time and they should get permits so people can prepare. Worcester said 10 people may be too low. Worcester said if 50 people are going to gather in a park, rallying for a cause is the intended use of the park. That could be considered casual use of a park. Does the city want them to notify the city about this use of the park. Worcester said the only reason 10 is in this section is because it is already in the code, and number can be changed. Ms. Malone said the rationale behind this section is to keep the police department informed of any assemblies that may impact areas of the city. 7 Regular Meeting Aspen City Council April 27, 1992 Council agreed with raising the number. Mayor Bennett said he has a problem with Council circumventing the natural organization of the government and not having parade permits and parks permits approved by the City Manager. Mayor Bennett said Council does not need to approve every gathering in the city. Councilwoman Richards said there are events that should be on the consent calendar for Council approval. Amy Margerum, city manager, said these will only come to Council if there is a street closure, a parks closure, or a liquor license. The rest will be handled administratively and Council will be informed of event they should know about. Worcester said the reason that the Chief of Police reviews parade permits is there are very limited reasons to review, which reasons are related to traffic and safety. Mayor Bennett said he just wants to preserve the normal flow of responsibility in the city government. Councilman Peters said he prefers these permits be handled by staff; however, he would like to see a list of standards that will be used for review. This should be done before second reading. Ms. Margerum pointed out if the city manager does the special events, then the appeals section will have to be changed to appeal to Council. Councilman Peters moved to adopt Ordinance #27, Series of 1992, on first reading, subject to the amendments outlined above, the number of people that aggregate to form an assembly and the wishes to Council to see the standards for review that the police chief and parks director will use when reviewing permits; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #28, SERIES OF 1992 - Sugar Subdivision Exemption Councilman Peters moved to read Ordinance #28, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #28 (Serie s of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANT ING SUBDIVI- SION EXEMPTION FOR THE CONDOMINIUM IZATION OF 708 WEST SMUGGER/700 WEST FRANCIS, LOTS G, H, I BLOCK 15, CITY OF ASPEN was read by the city clerk Leslie Lamont, planning office, told Council this is a subdivision exemption for a recently developed duplex. The applicant has paid a housing impact fee. Jed Caswall, city attorney, told Council the 8 Regular Meeting Aspen City Council April 27, 1992 state has passed a law stating condominiums cannot be treated any differently than similar property under different type ownership. Caswall told Council this will void the city's condominium fees and the six month residency fees. Councilman Reno moved to adopt Ordinance #28, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. SPECIAL IMPROVEMENT DISTRICT FUNDING Dallas Everhart, finance director, reminded Council they previously approved the upper and lower Ute Avenue improvement districts. Council is also being asked to approve an improvement district for Pitkin Mesa. Everhart told Council financing for special improve- ment districts is provided by the city. Traditionally cities issue bonds, assess this through property taxes to collect the money and pay off the bonds. The city has two outstanding improvement districts; 1983 Smuggler and 1988 undergrounding. Everhart said because of the size of these improvement projects, staff has been examining financing alternatives. Everhart said there are costs in issuing bonds. The minimum for the lower and upper Ute would be about $25,000. These costs are passed on to the participants. Everhart noted one alternative would be for the city to pay for all expenses of the improvement districts out of one of the special revenue funds, like housing day care. Councilwoman Pendleton said there are a lot of projects contemplated for the housing day care fund and would prefer not to loan out $500,000. Mayor Bennett said this could be the beginning of a trust fund for day care and would be collateralized by property taxes. Councilman Peters said this makes sense for some city funds, maybe not the housing day care fund. The housing day care fund would be better used for affordable housing mortgages. Councilwoman Pendleton agreed there are a lot of demands on the housing fund. Everhart said another option is to do this out of pooled cash with the interest allocated back to overall interest revenue. Mayor Bennett suggested staff analyze this with suggestions of other funds as well as other ways to invest the pooled funds at higher interest rates than current. Councilwoman Richards asked if by not taking action, this would delay the special improvement districts. Everhart said the city has to provide the financing option within 30 days of completion of construction. MOORE POOL REQUEST FOR FUNDS Tim Anderson, recreation director, reminded Council they earlier 9 Regular Meeting Aspen City Council April 27, 1992 discussed removal and replacement of the super structure over the pool, which would reduce the life of the structure. Council requested staff work with the citizens in the neighborhood to see if the problem could be solved. Anderson told Council staff met with the neighborhood several times and discussed various options. The consensus was to pursue landscaping. Anderson told Council Wayne Stricker is helping with a landscaping plan for around the pool. There is a committee of supporters of the pool who has raised money for the pool and is willing to donate $5,000 toward the landscaping project. Anderson said the berming will be done in-house. The landscaping will be about $12,000; the irrigation work will be $2,000 for a total of $14,000. Subtracting the donation, the city will have to approve $9,000 for the project. Staff recommends this money be taken out of the lottery fund balance of $18,000. Anderson showed Council the proposed berm around the pool. The berm will use some existing vegetation and some new native vegetation. Councilwoman Pendleton said she is really pleased about the neighborhood participation to help solve this problem. Councilwoman Richards moved to allocate the $9,000 funds for the landscaping work from the lottery balance; seconded by Councilman Peters. All in favor, motion carried. Councilwoman Richards asked if anything is going to be done to dull the finish of the pool cover. Anderson said nothing is planned at this time. Mayor Bennett asked staff to draft a letter thanking the people who helped make this happen. Floyd Mann said with all the information about skin cancer, people should be approached about leaving the structure up all year. Mann also suggested the children's pool be covered. ORDINANCE #29, SERIES OF 1992 - Pitkin Mesa Improvement District Councilwoman Pendleton moved to read Ordinance #29, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #29 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CREATING THE PITKIN MESA SUBDIVISION IMPROVE MENT DISTRICT IN THE CITY OF ASPEN, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION THEREIN OF CERTAIN LOCAL PUBLIC IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN PAYMENT FOR SAID IMPROVE MENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT was read by the city clerk 10 Regular Meeting Aspen City Council April 27, 1992 Cindy Wilson, assistant city manager, reminded Council they approved a resolution of intent to form this district February 10th. The main purpose of the district is basic road improvements to Cemetery Court road, including dirt work, road base, culvert, chip seal and at the intersection of Cemetery Lane, curb and gutters. Ms. Wilson said there has been a lot of confusion in the setting up of this district. A number of property owners have been involved during this time. The city manager's public hearing on this district was held March 5, at which time several property owners expressed concern about the district. At 1065 Cemetery Lane there is a lot of flooding every time road work is done. Staff and the engineers feel this construction will prevent flooding in the future. There is a note in the ordinance requiring the contractor to take every precaution to prevent flooding during the construc- tion. There are also concerns about speed if the road is improved. Ms. Wilson told Council there was concern expressed about the original cost allocation, which has been changed from the original proposal. The original proposal was to divide the costs equally; this has been changed to relationship of the distance of the property along the road. There is one property that is in the county; the Commissioners have agreed to inclusion of the property in this district. Ms. Wilson said staff wanted asphalt and to have the property owners contribute to that. This caused a lot of conflict in the district. The compromise is that the road will be improved with chip/seal. The city is not making any commitment to doing any asphalt work. The asphalt work costs $7000 more. Staff recommends a dedication of the road to the city before construction bids. There has been concern with the relation of this project to the Cemetery Lane underground project. Staff considering delaying this until after it is known what is going on with the underground project. The property owners feel like they have been going through this process for a long time and would like to see if done. Ms. Wilson told Council there is no direct cash outlay to the city. They could front the money for construction and be paid by issuing bonds or property tax assessments. There will be staff time to review construction work. The long term costs are street mainte- nance. Ms. Wilson pointed out several properties are not in the district as they do not access off Cemetery Court. Austine Stitt told Council they have been in this process 3 full years. The schedule to underground the Cemetery Lane area may not take place for 2 more years. Councilman Reno asked if this district is formed and then the Cemetery Lane undergrounding is done, how much more will the cost to the undergrounding district be. John Worcester, assistant city attorney, said these property owners would be as responsible like anyone else in the district for their share. Worcester told Council if this district does not go 11 Regular Meeting Aspen City Council April 27, 1992 forward and the road remains dirt, when the Cemetery Lane is undergrounded, the road will be replaced with dirt. If the road is chip/seal it may be replaced with asphalt, which would add incrementally to the cost of the underground district. Mr. Knirlberger, representing lot 5, said there is a 20 foot right- of-way between he and his neighbor. 20 feet is not enough room. Mayor Bennett asked for a better map for second reading. Mayor Bennett said 15 out of 17 property owners support this district. Penny Richey, lot 6, said they use very little of this road. Ms. Richey said whenever the road is worked on, their basement is flooded. Ms. Richey said she has small children and lives right on the corner. The flatter the road gets, the faster the traffic gets. Ms. Richey said this will cost them money to do something they don't want to do. Councilman Peters said before second reading he would like an answer from the engineering department on the flooding issue. Ron, Schmeuser, told Council putting the curb and gutter on the lower part of the street should control the flooding. Councilwoman Pendleton said she would like to see the concerns about safety and flooding answered before second reading. Councilman Peters moved to adopt Ordinance #29, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #22, SERIES OF 1992 - Code Amendment Sliding Scale FAR/AH Councilman Peters moved to reconsider Ordinance #22, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. Councilman Peters moved to adopt Ordinance #22, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Peters, yes; Pendleton, yes; Richard, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #30, SERIES OF 1992 - Appropriations Councilwoman Pendleton moved to read Ordinance #30, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #30 (Series of 1992) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $13,500; APPROPRIATING GENERAL FUND EXPENDITURES OF $175,700; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $1,160; APPROPRIATING TRANS POR TATION FUND EXPENDITURES OF $21,085; APPROPRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF $25,000; RECOGNIZING HOUSING DAYCARE FUND REVENUES OF $1,200; 12 Regular Meeting Aspen City Council April 27, 1992 APPROPRIATING HOUSING DAY CARE FUND EXPENDITURES OF $84,076; RECOGNIZING 1992 IMPROVEMENT DISTRICT PROJECTS REVENUE OF $52,336; APPROPRIATING 1992 IMPROVEMENT DISTRICT PROJECTS EXPENDITURES OF $52,336; TRANSFERRING $25,000 FROM THE ELECTRIC FUND TO THE PARKING IMPROVEMENT FUND was read by the city clerk Dallas Everhart, finance director, told Council they have seen most of these items before. The memorandum addresses the general fund cash balance. During the financial policies, Council requested staff to report how much is available in general fund cash. Everhart said the preliminary draft audit shows $815,000 available. There is a work session May 20 to discuss the use of these funds. Everhart said one item of discussion will be the annual general fund deficit, which is about $200,000 annually. Everhart said as the expenditures increase, the reserve for the general fund will increase. There is not a funding source for this increase. Everhart told Council he looked at projected cash at the end of 1993, which will be $588,000. Staff has been researching items for this cash balance, one of which will be the animal shelter. Everhart said the debt on the animal shelter is $162,700 and the current note requires payments of $28,000 a flexible interest note of 8 to 12 percent. If Council approves using cash reserves to buy out the shelter, this will eliminate interest expense and will move $28,000 closer to balancing the general fund deficit. Amy Margerum, city manager, told Council the city has a lease with an option to buy on the animal shelter. This lease does not allow a sub-lease to a non- governmental entity. Everhart said the original price of the animal shelter was $225,000 and the city purchased it about 5 years ago. Ms. Margerum said it is good financially for the city to pay this off. Everhart said the other items in the ordinance are revenue of $2500 to data processing from the GIS program; the expense is $2000 and they will be reimbursed for that full amount. There is revenue and expense for the streets department to complete the S curves, which the state wants the city to process. Everhart said on second reading the revenue for the pool landscaping and the expenses for landscaping will be added to the agenda. There may be some clean up items also added. Councilman Peters moved to adopt Ordinance #30, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. 13 Regular Meeting Aspen City Council April 27, 1992 ORDINANCE #31, SERIES OF 1992 - Moses Subdivision Lot Line Adjustment Councilwoman Pendleton moved to read Ordinance #31, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #31 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI SION FOR LOT 2 OF THE MOSES LOT SPLIT, A LOT LINE ADJUSTMENT BETWEEN THE MITCHELL PARCEL AND THE MITCH ELL/BORNEFELD PARCEL, AND VESTED RIGHTS FOR 8040 GREEN LINE REVIEW, SUBDIVISION, AND THE LOT LINE ADJUSTMENT ALL LOCATED ON ASPEN ALPS SOUTH ROAD, CITY AND TOWNSITE OF ASPEN was read by the city clerk Mayor Bennett said he would like to see a better map. Leslie Lamont, planning office, said this is primarily a resubdivision of an existing parcel created in 1987 through a lot split. In 1987 Gaard Moses created lots 1 and 2 of the Moses lot split. Ms. Lamont showed the various parcels involved; tennis courts created by a long term lease for the Aspen Alps; Aspen Alps south buildings 3, 4, 5; building 700 of the Alps; the Mitchell single family home; and the U. S. Forest Service tract. Much of the remaining land is vacant and has a development right of a single family home or duplex without going through growth management. This land is the Mitchell Bornefeld property. Ms. Lamont told Council the Alps has been trying to preserve the open land around their buildings; however, because of their covenants, they cannot purchase any land. The primary applicant, Hersch, has contracted to buy lot 2 of the Moses lot split. He proposes to resubdivide lot 2 and re-create the lot. He will purchase the Mitchell Bornefeld parcel and create lot 2 for his own home; lot 2A would be the remaining land out of which he will create lot 2. He will deed lot 2B and lot 2A to the Alps homeown- ers association to be deed restricted in perpetuity for open space. P & Z has approved an 8040 review for reconstruction of the house and has approved an access to the Moses property, lot 1. This resubdivision will also be cleaning up some road and parking arrangements. Alan Richman, representing the applicant, told Council the reasons for the funny shaped parcels are the different zonings in the area. Ms. Lamont told Council she has made some minor corrections to the ordinance in condition 3(i) presently identified as the U. S. Forest Service tract shall be deed restricted. Ms. Lamont said she will also clarify that what is being approved with this amount of land is the ability to build a 5,000 square foot allowable floor area home. 14 Regular Meeting Aspen City Council April 27, 1992 Councilman Peters moved to adopt Ordinance #31, Series of 1992, on first reading as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #32, SERIES OF 1992 - Gooding Vested Rights GMQS Exemption Councilwoman Pendleton moved to read Ordinance #32, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #32 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VESTING THE DEVELOPMENT RIGHTS FOR THE GOODING GMQS EXEMPTION FOR A CHANGE-IN-USE APPROVAL FOR THE CONVERSION OF TWO COMMERCIAL OFFICE UNITS INTO ONE FREE MARKET RESIDENTIAL UNIT WITHIN THE PARK CENTRAL WEST CONDOMINIUMS LOCATED AT 210 E. HYMAN, UNITS 201 AND 202 (BLOCK 75, LOTS K,L,M,N, AND O, TOWNSITE OF ASPEN) was read by the city clerk Councilman Peters moved to adopt Ordinance #32, Series of 1992; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #33, SERIES OF 1992 - Mendenhall Vested Rights Councilwoman Pendleton moved to read Ordinance #33, Series of 1992; seconded by Mayor Bennett. All in favor, motion carried. ORDINANCE #33 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VESTING THE DEVELOPMENT RIGHTS FOR THE MENDEN- HALL STREAM MARGIN APPROVAL FOR PROPERTY LOCATED AT 1310 RED BUTTE DRIVE - LOTS 2 AND 3, SECOND AMENDMENT TO BLOCK 2, RED BUTTE SUBDIVISION was read by the city clerk Councilman Peters moved to adopt Ordinance #33, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried 15 Regular Meeting Aspen City Council April 27, 1992 ORDINANCE #35, SERIES OF 1992 - Code Amendment - Office Zone District Special Review for Parking and GMQS Exemption ORDINANCE #35 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNC IL AMEND ING CHAPT ER 24 SECTI ONS 5/213 .E.C, 6- 205.A .5, 7- 404.B , AND 7-405 AND 8- 104.B .1.B. OF THE MUNIC IPAL CODE AFFEC TING PARKI NG REQUI REMEN TS FOR THE OFFIC E ZONE DISTR ICT, SPECI AL 16 Regular Meeting Aspen City Council April 27, 1992 REVIE W FOR PARKI NG AND GMQS EXEMP TION FOR A CHANG E IN USE was read by the city clerk Leslie Lamont, planning office, told Council these proposed changes amend the parking requirements for the office zone. Currently an applicant can go from 3 spaces per 1,000 square feet to 1.5 spaces with special review and a cash-in-lieu payment for that reduction. The proposed amendment is to allow special review to go from 3 to 1.5 spaces without cash-in-lieu. If the applicant wishes to go below 1.5 spaces, there is a special review for cash-in-lieu. The change in use section is being amended to include publicly zoned land or public uses. Ms. Lamont told Council the changes also clarify how this mitigation will be assessed. There is a proposed section under special review for parking for change in use proposals only to give Council the ability in special review to reduce parking, require mitigation, or waive it completely. Ms. Lamont reminded Council this code amendment was initiated because of the old library building on Main street. There are two office districts in Aspen; one along Main street, and adjacent to Original and Spring. P & Z recommends if there is to be a waiver or reduction, there should be a public hearing at Council so the surrounding property owners can comment. Councilman Peters said he does not want to hear parking waiver requests. Councilman Reno said he would feel more comfortable with set guidelines versus discretion sitting with Council. Mayor Bennett agreed he does not want Council to be the special review board. Mayor Bennett said if one changes the use and lessens the impact, why are they required to mitigate. Ms. Lamont pointed out the old library had a zoning change from public to office. Councilman Peters said he thought the Council was trying to find a way to help the old library out of their parking dilemma. Council- man Peters said there should be alternatives to just providing 17 Regular Meeting Aspen City Council April 27, 1992 parking. Diane Moore, planning director, said a parking waiver would be based on providing other alternatives, van service, bus passes, etc. Councilman Peters said he would like to see some standards for developments to apply for parking waivers. Council- man Peters said he is uncomfortable making waivers of parking when the town does not know what will happen with parking in the entire community. Councilwoman Richards agreed this sounds like it will become "let's make a deal" with Council. Amy Margerum, city manager, said the city should look at this on a site by site, performance type planning, basis and use some creativity rather than rigid standards that in some cases do not make sense. Councilman Peters said he needs to know that develop- ment is paying it's own way in providing mitigation. Councilman Peters said the city either have to provide an alternate to parking or an alternate transportation solution. Mayor Bennett said the city should find a solution for the library and the rest of this discussion should be set aside until the transportation plan is finished. Councilman Peters moved to direct staff to write an ordinance to allow the P & Z to reduce parking down to zero on-site with payment of cash-in-lieu by special review; seconded by Councilwoman Richards. Councilman Reno said this motion will not satisfy the dilemma of the old library. Councilmembers Peters and Richards in favor; Councilmembers Reno, Pendleton and Mayor Bennett opposed. Motion NOT Carried. Councilman Peters moved to suspend the rules and extend the meeting to 9:27 p.m.; seconded by Councilman Reno. All in favor, motion carried. Councilwoman Richards moved to table this to May 11; seconded by Councilwoman Pendleton. All in favor, motion carried. REQUEST FOR FUNDS - Grassroots Councilwoman Pendleton moved to contribute $10,000 from the contingency fund over two years to Grassroots for expansion of their service down valley; seconded by Councilwoman Richards. Richard Sherman told Council they need to raise about $15,000 to complete their fund raising. If Council could commit to $15,000, Grassroots could announce tomorrow that the fund raising is done and the project can get underway. 18 Regular Meeting Aspen City Council April 27, 1992 All in favor, motion carried. RESOLUTION #18, SERIES OF 1992 - Supporting Aspen Real-Time Rural IVHS Grant Mayor Bennett said he is concerned because he has heard that intelligent vehicle management on highway 82 will be of limited utility, as opposed to those based on metro areas. Mayor Bennett said he would rather be asking the federal or state government for some other type of mass transit alternatives. Mayor Bennett said he does not want to use up $2 to $3 million on a computer that does not do a lot for the valley. Mayor Bennett suggested passing this contingent upon assurance from CDOT this will not prejudice the community from getting money for other transportation systems. Councilman Peters moved to approve Resolution #18, Series of 1992, Supporting Aspen Real-Time Rural IVHS Grant and follow up with Harvey Atchison at CDOT to see if this has implications for other grants, report this back to Council, and Mayor Bennett will not sign until he has these answers; seconded by Councilman Reno. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9:35 p.m.; seconded by Councilman Reno. All in favor, motion carried. Kathryn S. Koch, City Clerk 19 Regular Meeting Aspen City Council April 27, 1992 CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT CALENDAR 3 ................................ ............... ORDINANCE #21, SERIES OF 1992 - City Shop Landmark Designa tion 3 . ORDINANCE #26, SERIES OF 1992 - Sales Tax Self Collection 4 ...... ORDINANCE #27, SERIES OF 1992 - Special Event Permits and Fees 6 . ORDINANCE #28, SERIES OF 1992 - Sugar Subdivision Exemption 7 .... SPECIAL IMPROVEMENT DISTRICT FUNDING 8 ........................... MOORE POOL REQUEST FOR FUNDS 8 ................................ ... ORDINANCE #29, SERIES OF 1992 - Pitkin Mesa Improvement District 9 ................................ .................. ORDINANCE #22, SERIES OF 1992 - Code Amendment Sliding Scale FAR/AH 11 ................................ .................... ORDINANCE #30, SERIES OF 1992 - Appropriations 11 ................. ORDINANCE #31, SERIES OF 1992 - Moses Subdivision Lot Line Adjustment 13 ................................ ................ ORDINANCE #32, SERIES OF 1992 - Gooding Vested Rights GMQS Exemption 14 ................................ ................. ORDINANCE #33, SERIES OF 1992 - Mendenhall Vested Rights 14 ....... ORDINANCE #35, SERIES OF 1992 - Code Amendment - Office Zone District Special Review for Parking and GMQS Exemp tion 14 ... REQUEST FOR FUNDS - Grassroots 16 ................................ . RESOLUTION #18, SERIES OF 1992 - Supporting Aspen Real-Time Rural IVHS Grant 16 ................................ .......... 20