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HomeMy WebLinkAboutminutes.council.19920511Regular Meeting Aspen City Council May 11, 1992 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Reno, Pendleton, Peters and Richards present. PROCLAMATION - National Historic Preservation Week Mayor Bennett and the Council proclaimed May 10 to 16 National Preservation Week and called upon the people of Aspen and Colorado to recognize and participate in this observance. Roxanne Eflin, planning office, outlined the events that will be held locally to celebrate this week. PROCLAMATION - Arbor Day Mayor Bennett and the Council proclaimed May 19 as Arbor Day and urged citizen to celebrate and support efforts to protect trees and woodlands and further to plant trees to gladden the heart and promote the well-being of this and future generations. Council presented the proclamation to Rebecca Baker, parks department. Ms. Baker told Council the parks department will be planting 3 trees April 30th with the school. PROCLAMATION - Aspen Bike to Work Day Mayor Bennett and Council proclaimed May 19 as "Aspen Bike to Work Day" and encouraged all citizens to rediscover the healthful pleasures of bicycling. Council presented the proclamation to Michael Hutton. Hutton told Council there were be several events associated with this including a contest for oldest rider, youngest rider, farthest miles, etc. PROCLAMATION - National Employee Health and Fitness Day Mayor Bennett and Council proclaimed May 13 as "National Employee Health and Fitness Day in Aspen" and urged all employers to support health and fitness oriented activities for their employees. Council presented the proclamation to Tim Anderson, recreation director. Anderson told Council there will be a walk along the Rio Grande trail at noon on the 13th. CITIZEN PARTICIPATION Mac Cunningham told Council Cory Dunn, an Aspen student, is one of the 2 American youths appointed to the to the International Earth Conference in Brazil May 27th. Cunningham said Dunn will be very valuable as an ambassador from Aspen. Cunningham told Council Dunn has to raise $3500 to be able to go; he has raised $1700. Cory Dunn said he will check out the rain forest, interview heads of state and share opinions on what can be done to save the earth. Les Holst told Council he is convinced the solution to the earth's 1 Regular Meeting Aspen City Council May 11, 1992 problems is the involvement of the youth. Dunn will be participat- ing in as high a level as possible. Councilman Reno moved to allocate $500 contribution to Cory Dunn out of the contingency funds; seconded by Councilwoman Pendleton. All in favor, motion carried. 2. Bill Martin presented a letter and proclamation for the second Aspen Snowmass Celebration for the American Indians in July. Martin pointed out there is a lease for Saab cars on the agenda. Martin request Council consider having American automobiles in the police department. 3. Scott Smith, Gibson/Reno architects, requested the park development impact fee for the Messiah Lutheran Church be waived in accordance with the land use regulations. Tom Bush, Messiah Lutheran Church, said this Church has been on Mountain View drive for about 25 years. They have raised money to build a parsonage at the Church location; this will be an affordable housing unit. The park dedication fee is $3100 and they would like this waived. The unit will be used only for the minister of the Church. Amy Margerum, city manager, said Council does have the discretion to waive the fees only for affordable housing. Diane Moore, planning director, asked this be deferred until the next meeting. Ms. Moore reminded Council this housing unit was tied into the Pitkin County Bank expansion and their employee mitigation. Council agreed to have this go through the planning department and come back at the next meeting. 4. Jim Boyd, representing Tatou, bro ught up the mall leases on the consent calendar. These mall leases are being referred by CCLC. Tatou would like to argue for a different configuration. Jed Caswall, city attorney, said Council can modify recommendations from CCLC. Mayor Bennett suggested passing this as presented and putting it on the May 26th agenda for more discussion. Marvin Jordan told Council his business was the principle protestant to Tatou's lease and endorses the compromise lease worked out. Jon Busch, CCLC Chairman, said it would be appropriate for CCLC to revisit the compromise lease. Boyd said they will prefer to be approved as proposed and then come back with a special request at the next meeting. Someone representing the Mine Company said they would also like to be removed from the consent calendar. Council- woman Pendleton suggested these be referred back to CCLC to see if compromises can be worked out. Councilwoman Pendleton moved to remove the Aspen Mine Company's lease from the consent calendar; seconded by Councilwoman Richards. Councilman Reno said he would like to see a work session between 2 Regular Meeting Aspen City Council May 11, 1992 CCLC and merchants about this issue. Councilwoman Richards agreed this is a bigger issue about the character of the malls more than just adjacent property owners. The Mine Company said they will also have their lease approved as presented and come back at the subsequent meeting. Councilwoman Pendleton said this should be worked out by the CCLC. Everyone opposed. Motion NOT carried. 5. George Vicenzi said the city and res idents of the west end are working on a traffic mitigation for the west end. Vicenzi suggested a reduction of the speed limit to 20 mph. This would promote safety, walking, biking and roller blades. This would also reduce noise. Vicenzi said this idea may work in the entire city. It would also reduce the PM 10 levels. This is in effect in Carbondale and does work there. Councilwoman Richards suggested this be forwarded to the transpor- tation and character committee to have them comment on it. Councilwoman Richards said the Council is trying to look at transportation as a whole, not in piecemeal measure. Councilman Peters said he supports this idea. Council agreed this should be submitted to the transportation committee. COUNCILMEMBER COMMENTS 1. Councilman Reno asked when the city will receive the water tap fee from the Ritz. Amy Margerum, city manager, said she will check and report back. 2. Councilwoman Pendleton pointed out the proposed budget for the Galena Street Shuttle is $15,000 which includes two cars and 2 jeeps rented for 4 months. The cross town shuttle group selected a route from the post office to the gondola; this loop can be made with 2 vehicles in 5 minutes. Councilwoman Pendleton said RFTA is trying to get volunteer drivers; there will be golf and swimming pool passes. Councilwoman Pendleton said she would like to get this included in the appropriation ordinance on tonight's agenda. Amy Margerum, city manager, said this can be added to Ordinance #37 for second reading. Council agreed. 3. Councilwoman Richards said she would like information on the cable television franchise; how long the contract runs, what is the city's ability to control fees, etc. 4. Councilwoman Richards an nounced that May 31 is the 4th annual art park work day 9:30 a.m. to dusk. This is a tremendous community effort. There will be live music. Interested persons should bring tools and gloves. 3 Regular Meeting Aspen City Council May 11, 1992 5. Amy Margerum, city manager, requested Council take the Ute Mountaineer contract off the agenda. It will be on the next agenda. 6. Amy Margerum, city manager, said the city needs to accommodate the theatre in the park and add a temporary use permit ordinance. Councilwoman Richards moved to add Ordinance #38, Series of 1992, as item IX(e); seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Pendleton moved to table Resolution #24, Ute Mountain- eer Contract; Ordinance #22, Code Amendment Sliding Scale FAR/AH Zone and Ordinance #18, Ute Park Subdivision to May 26; seconded by Councilwoman Richards. All in favor, motion carried. CONSENT CALENDAR Councilman Reno stepped down due to conflict of interest. Councilman Peters moved to approve the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: A . Minutes - April 27, 1992 B . Resolution #22, 1992 - Mall Leases C . Saab Leases D . License to Occupy - Ride for the Rainforest E . Resolution #23, 1992 - Deputy Municipal Judge/Jordan F . Resolution #25, 1992 - City Hall Contract G . Reques t to Process Temporary Use Permit Tent on Rio Grande All in favor, motion carried. LIQUOR LICENSE AUTHORITY BUSINESS 1. Transfer - Aspen Meadows Councilman Reno moved to approve the transfer of the Aspen Meadows to the Aspen Institute/Aspen Center; seconded by Councilwoman Pendleton. All in favor, motion carried. 2. Transfer - Bice City Clerk Kathryn Koch reported the previously registered manager is in the middle of some court cases; the applicant has filed a new manager. Robert Ruggeri, applicant, told Council he has had a restaurant in New York since 1986 and has opened other on the west coast. Ms. Koch suggested Council approve the transfer contingent on background clearance of the new manager. Councilwoman Pendleton said she wants to know who the new manager is before she approves this. Councilman Peters moved to approve the transfer of 72 Aspen to Bice Aspen Inc. subject to final review of the proposed manager by the 4 Regular Meeting Aspen City Council May 11, 1992 police department and city clerk; seconded by Councilman Reno. All in favor, with the exception of Councilmembers Richards and Pendleton. Motion carried. 3. Special Event Permits Councilman Peters moved to approve the special event permits for IDCA and Youth Center; seconded by Councilman Reno. All in favor, motion carried. 4. Renewals John Worcester, assistant city attorney, requested Council table the Aspen Mine Company in order for the applicants to work out some details with the police department. Councilman Peters moved to table the renewal for the Aspen Mine Company to the next liquor authority meeting; seconded by Council- man Reno. All in favor, motion carried. Councilman Peters moved to approve the renewals for Silver city Grille; Gant; Abetone; Renaissance subject to all managers having taken the TIPS training; seconded by Councilman Reno. All in favor, motion carried. 5. Change of Manager Flying Dog Brew Pub John Worcester, assistant city attorney, cited Section 12-47-111 (VIII), Persons prohibit ed as licensees, any person emplo ying, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the respective licensing authorities. Worcester told Council there is some unflattering information in the file about the new manager's husband. Worcester said the applicant may present extenuating circumstances at the next meeting. Councilman Peters moved to table this to the next liquor authority meeting; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #12, SERIES OF 1992 - Aspen Winter Garden Ice Rink Councilman Peters moved to table this to May 26, 1992; seconded by Councilman Reno. All in favor, motion carried. Diane Moore, planning director, pointed out there are 3 alterna- tives for the ice rink; A and B are proposed by Koch and C is the Savanah proposal. Ms. Moore said staff would like some direction on which ice rink to pursue. Don Hanson, representing David Koch, told Council he has been directed to take this project through schematic design to the approval process. Hanson said alternative A is the field location and would require the rink slab buried 10 to 12 inches below the 5 Regular Meeting Aspen City Council May 11, 1992 surface of the field and would also require the yearly change over. In the spring sand/peat mix would be brought in, compaction would be achieved to provide a stable playing surface. This would be resodded every spring. In the fall the sod would be removed, the peat and sand mix would be hauled off. Alternate B is the mall location, encroaching on both the mall and field. Both rinks are 100 by 200 feet. The mall location would require a yearly changeover similar to that of alternate A. Hanson told Council he has talked to agronomists about the feasibility of burying the slab and covering it with turf. This is workable and done in many sports stadia all over the country. Hanson said the estimated yearly cost for changeovers in alternate A is $32,000. Hanson said their projections show the rink would have a positive cash flow and not be a burden on the city's budget. The yearly changeover for alternate B is $14,000. Hanson told Council the cost for alternate A is $2.9 million. Koch proposes to fund this entirely because this is his initial focus and where he believes the rink belongs. If the city decides to go with alternate B, Koch will fund $2 million of the $3 million costs. Hanson said various locations have been suggested by citizens of Aspen; Koch is not interested in any other location as he believes the rink belongs in Wagner Park. Ms. Moore reminded Council these plans are conceptual and not all technical issues have been resolved. Ms. Moore said she is leaning towards alternative A and the seasonal uses. Alternative B is a more permanent place. There are some concerns about utility relocations with alternative B. Ms. Moore said this location is central, accessible and can create an exciting activity area. Ms. Moore said she views these two as alternative A and B and alterna- tive C is the Ritz ice rink. Ms. Moore recommends A out of the three. Councilman Reno asked where sod would be gotten in April. Hanson told Council he met with two sod farms who both stated they can and do supply sod at that time of year. Hanson told Council they have assumed a 4.5 month operating season for the rink. Establishment of turf is a 3 to 4 week activity. Hanson said they have allowed 6 weeks to do that. It is not as labor intensive as it sounds. Hanson pointed out Koch would provide the city with a 40 foot enclosed trailer to house the dasher boards in the spring and summer. The trailer could be pulled on site to load the dasher boards, which would be stored in the trailer until the fall. Mayor Bennett asked if sod can be successfully planted in April. Ensign said they have spent a lot of time discussing this. The sod 6 Regular Meeting Aspen City Council May 11, 1992 can be planted as soon as the ground is unfrozen. Councilman Reno said he would like more data to prove that the sod can take in a short period between the end of winter and the use of Wagner park for the wine classic, rugby, etc. Amy Margerum, city manager, told Council George Robinson, parks director, favors alternative A. Under that alternative Wagner park will be regraded, appropriate drainage will be installed, there will be additional landscaping, as well as replacement of the public restrooms. Jon Busch, CCLC, told Council this Commission looked at both of these alternatives and rejected both of them. Busch said he feels the Ritz site is a better proposal for the community. Busch said the parks department may be understaffed to tear down and put up this ice rink. Busch said there is an asset to having a year-round facility, not as an ice rink, but in the summer could be used for roller skating, special events, etc. Busch said one positive aspect of the Ritz site is that they are required to maintain and operation the facility. The Ritz site is also an anchor for the south end of town. Howard Gunther, The Grill, said Wagner park needs upgrading as a playing field, the landscaping is terrible, the bathrooms need upgrading. With this gift, the city will be able to achieve a lot of goals at no cost. Les Holst said this proposal has a lot of unanswered questions. Holst said he has heard time and again that people want the open space preserved as best as possible. Marvin Jordan said one of the best view planes in town is looking south towards Aspen mountain from the Mill street mall. Jordan said it seems alternate B moves building more out into Mill street than alternate A. The view plane is retained better in alternate A. David Keith said he is afraid this will be a noisy construction site for 4 to 6 weeks. Hanson said only one front loader will be on site with trucks loading off Monarch street. Jim Spahn said this rink should go on the Ritz site. Bill Poss, chairman HPC, said they have some concerns about how the building imposes on the historic context of the street alignment of the Mill street extension. Poss requested HPC make more formal review of this application. Si Coleman said he is concerned about the drainage of Wagner park with a concrete top. Hanson said they have provided drainage in the concrete slab so when the sod is down there is a method to relieve drainage off the slab. Charlie Weaver told Council everyone he has discussed this with has been in favor of alternative A. H. E. Richey said this is the last 7 Regular Meeting Aspen City Council May 11, 1992 chunk of open space in downtown Aspen. This proposal will turn it into Disneyland. Wagner park will be the front yard of the Ritz. A skating rink in Wagner park will make it very congested. Paul Skortes, business owner, said alternative A would be a tremendous asset to the community. It will provide an alternative for people who do not ski. Councilwoman Richards said she favors alternative A; however, the size of the rental building has to be reduced, and the height lowered. Councilwoman Richards said this rink would be a tremen- dous amenity for the community and the local kids. Councilwoman Richards said the children's park at the end of the mall will fit better with the skate rental building in alternative A. Council- woman Richards said she is concerned about putting up and taking down the goal posts; about screening for the rink. Councilwoman Richards said she is ready to take risks for this rink as she believes in multiple uses for the city's assets. Councilwoman Pendleton said her biggest concern is whether there will be ice most of the winter and whether people can skate on it. Councilwoman Pendleton said she is leaning towards alternative A. Councilwoman Pendleton agreed with Jordan's comments about the view plane. Councilwoman Pendleton said she likes being able to mix private and public ventures. Councilwoman Pendleton said this is an amenity for the town. Councilman Peters said this is a high risk/high gain situation and has the potential of being a fiasco. Councilman Peters said the proposed ice rink at Wagner park would not be his choice for expenditure of public funds. There are other priorities rather than getting involved in an additional program. One risk is that the city would have a field they could not use. Councilman Peters said he needs to know what it would take to re-establish the field to its pre-construction condition. Councilman Peters said he wants to preserve the option of a working ice rink on the Ritz site. Councilman Peters said he does not want the city to manage this facility. Councilman Peters said the buildings have to pass the HPC. Councilman Peters said he is not willing to participate in the risk of this ice rink. This should come back as a fully funded, fully programmed proposal with a non-profit board and pro formas. Councilman Peters said he prefers site A. Councilman Reno said the things that bother him are the technical aspect of putting the rink up and down without affecting the other uses for the park. Another aspect is the annual operation. Councilman Reno said he has not been convinced this ice rink will be a success and currently favors the Ritz site. Mayor Bennett said he would like some analysis from staff on the 8 Regular Meeting Aspen City Council May 11, 1992 sod being displaced and stored and where this would be done. Mayor Bennett said he is skeptical about the costs and revenues. Mayor Bennett said he does not like the thought of a major construction job twice a year. Mayor Bennett said he does like the idea of a non-profit board to oversee this rink. Mayor Bennett said he needs more information before a final decision. ORDINANCE #29, SERIES OF 1992 - Pitkin Mesa Improvement District Cindy Wilson, assistant city manager, told Council since the last Council meeting, staff met with property owners and discussed specific concerns. The method of assessment to property owners has changed. Originally all owners were assessed equally; they are now assessed based on the percentage of the common road used by their frontage. Jay Hammond, Schmeuser Gordon Meyer, showed the proposed district on a map, Lots 12 through 15 are high above Cemetery Lane and are entirely accessed off the common entry drive. Hammond said there are right-of-way constraints. The entry off Cemetery Lane is only 20 feet wide in the right-of-way. Hammond said for that area, they are using a section which would incorporate curb and gutter on both sides with a chip seal surface between. Hammond said for the assessments, there is 800 feet of common road that will be dedicated to the city from the entry of Cemetery Lane to the end of lot 12. At the end of lot 12, this road splits and accesses lots 13 and 14 to the right, with a steep driveway to the left to lots 15 and 16. Hammond said initially each owner was equally assessed. There was a comment that it was not fair to charge lots near the entry for a full share of all the improvements. The new formula is based on percentage of the right-of-way on which a lot fronts. The entry lots use 25 percent of the right-of-way. One parcel is not in the city limits but was approved by the Commis sioners to be included in this improvement district. Mayor Bennett opened the public hearing. Lee Robinson recommended Council approve this district. Edwin Knirlberger, lot 5, said he was one of the original owners in this area. It was just a lot of rocks then. Knirlberger objected to this district. Knirlberger presented his assessment scheme done by units of 25 feet and how much of the frontage one uses. Hammond said he assessed this on the number of individual lots; some lots are duplexes, some are single family homes on lots capable of holding a duplex. There are 19 owners of 8 or 9 lots. Hammond pointed out because of the narrow entry, this area will see a higher improvement than the area along the back of the lots. John La Salle, adjacent to the district, said one of the purposes 9 Regular Meeting Aspen City Council May 11, 1992 of this district is dust control. People at the front of the district will benefit the most from this dust control. H. E. Richey, property owner 6A and 6B, said they have been opposed to this project since the beginning. This road has been there for years and it works. This is more urbanization of Aspen and who knows where the improvements will stop. Jim Haggert, lot 16, urged Council to approve the improvement district. Haggert said the residents have been working on this for at least 3 years. Helen Phillips said she would like to see this district approved. Knirlberger said there is a storm drainage that gets covered up and the water floods into one of the houses basement. Councilman Peters asked who owns the right-of-way between lots 5 and 6. Hammond said it was shown on the original subdivision plat as a road right-of-way. When it was subdivided within Pitkin County, the plat did not contain language about dedicating rights- of-way. The 20 foot right-of-way off Cemetery Lane to the back to the rear lot line is independent of the adjacent lots. Mayor Bennett closed the public hearing. Councilwoman Richards asked how the borders were drawn up for this district. Hammond said they were based on use, which is why lots 8, 9, and 10 are not part of this district as they access off Cemetery Lane. Ms. Wilson pointed out this district cannot do anything other than the proposed road improvements. Councilwoman Richards asked about the avalanche of rocks onto the road. Hammond said they looked at the stable toe of the slope and have designed to keep the ditch section and road out of the toe of the slope. In one section behind lots 6 and 7, they will use a culvert under the area for a barrow ditch. This will need to be cleaned, as do all catch basins. Hammond pointed out the assessment has to be done based on the benefit received by the lot. John Worcester, assistant city attorney, noted there will be an assessment ordinance for this improvement district. Councilman Peters moved to adopt Ordinance #29, Series of 1992, as amended; seconded by Councilman Reno. Councilwoman Pendleton said she would like to have seen 100 percent agreement on this. However, the district is for the good of most of the residents. Mayor Bennett said this is 88 percent in favor. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried. 10 Regular Meeting Aspen City Council May 11, 1992 ORDINANCE #25, SERIES OF 1992 - H Designation 134 E. Bleeker Roxanne Eflin, planning office, recommended Council adopt historic designation of 134 E. bleeker, which was built in 1888 and meets 3 of the 6 standards. The applicants are eligible for the $2,000 designation grant which they will be applying toward the cost of reconstruction materials. They are also requesting waivers of the park impact fee. The carriage house will be deed restricted. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #25, Series of 1992, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. Councilwoman Pendleton moved to approve $2,000 historic designation grant and exemption from application of the park development impact fee; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #26, SERIES OF 1992 - Sales Tax Self Collection Dallas Everhart, finance director, told Council this will go into effect July 1, 1992, and gives the city the right to collect their own sales tax. Everhart reminded Council a sales tax review committee was created to review the different options available to the city. The committee decided the city should not change any of the current exemptions or any regulations that relate to what is a taxable item. That is the way the ordinance is written. During first reading a question came up about items sold in Aspen but delivered outside city limits. Staff researched this; legally it can be done, however, no other municipalities have been successful at this. Mayor Bennett opened the public hearing. Si Coleman asked what the advantages of self-collection are. Everhart said the city anticipate getting additional revenue through education and auditing practices. Mayor Bennett closed the public hearing. Councilwoman Richards thanked staff for their communication with the community on this. Councilwoman Richards requested the city's form be as similar to the state's as possible. Councilman Peters moved to adopt Ordinance #26, Series of 1992, on 11 Regular Meeting Aspen City Council May 11, 1992 second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. 12 Regular Meeting Aspen City Council May 11, 1992 ORDINANCE #27, SERIES OF 1992 - Special Event Permits City Clerk Kathryn Koch told Council the amendments since first reading were (1) the number of persons constituting a parade, assembly requiring a permit was increased from 10 to 50, (2) city manager was defined to make it clear they could delegate reviewing and approving permits and without involvement by Council, (3) the appeal process was clarified. The standards to be used for reviewing a parade permit are safety and scheduling. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked about exclusive use of the parks and whether it should be in the description of the fees. John Worcester, assistant city attorney, said by getting a parks use permit, one is reserving a park for their exclusive use. Councilwoman Pendleton moved to adopt Ordinance #27, Series of 1992, as amended on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richard, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #30, SERIES OF 1992 - Appropriations Dallas Everhart, finance director, told Council this ordinance has been amended since first reading to include the Ice Garden in the general fund rather than an enterprise fund. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #30, Series of 1992, on second reading, as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. ORDINANCE #35, SERIES OF 1992 - Code Amendment, Office Zone Councilman Reno moved to read Ordinance #35, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINA NCE #35 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTIONS 5-213.E.C, 7-404.B, AND 8-104.B.1.b. OF THE MUNICIPAL CODE AFFECTING PARKING REQUIREMENT FOR THE 13 Regular Meeting Aspen City Council May 11, 1992 OFFICE ZONE DISTRICT, SPECIAL REVIEW FOR PARKING AND GMQS EXEMPTION FOR A CHANGE IN USE was read by the city clerk Leslie Lamont, planning staff, reminded Council this was tabled at the last meeting and since then staff has made amendments. Ms. Lamont said the change in use section has been eliminated from this draft. This does not affect the rezoning of the old library parcel and has nothing to do with the proposed amendment to the office zone district. Ms. Lamont said special review of parking will be done by P & Z. The office zone district requires 3 parking spaces per 1,000 square feet. This may be reduced with a cash-in-lieu mitigation to 1.5 spaces on site. The ordinance still requires 3 parking spaces per 1,000 but with special review this can be reduced to zero with on- site parking, off-site parking, cash-in-lieu, or alternative mitigation forms. Councilman Reno said he likes the proposal but is concerned about alternative mitigation. Councilman Reno said he would like to see more specificity in the section about alternative mitigation. Councilman Peters said one criteria is whether the city wants alternative mitigation that requires enforcement. Amy Margerum, city manager, pointed out the standards mention that the mitigation has to be tangible and enforceable. Ms. Margerum said a bus easement may not be a tangible reduction of the parking problem. Councilman Peters said he is not comfortable with the general guidelines for alternative mitigation. Councilman Peters said this may be creating another level of professional services for land use applications. Councilwoman Pendleton suggested P & Z review this except when there are cases of alternative mitigation and then Council reviews it. Amy Margerum, city manager, suggested asking P & Z to propose some criteria for Council approval before second reading. Council agreed. Councilwoman Richards moved to adopt Ordinance #35, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #37, SERIES OF 1992 - Appropriations Councilwoman Pendleton moved to read Ordinance #30, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. 14 Regular Meeting Aspen City Council May 11, 1992 ORDINANCE #37 (Series of 1992) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $301,940; APPROPRIATING GENERAL FUND EXPENDITURES OF $602,574; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $11,160; REDUCING TRANSFERS OF $174,000 FROM THE GENERAL FUND TO THE ICE GARDEN FUND; APPROPRIATING TRANSPORTATION FUND EXPENDITURES OF $21,085; APPROPRIATING PARKING DEVELOPMENT IMPROVEMENT FUND EXPENDITURES OF $25,000; RECOGNIZING HOUSING/DAYCARE FUND REVENUES OF $1,200; APPROPRIATING HOUSE/DAYCARE FUND EXPENDITURES OF $84,076' RECOGNIZING 1992 IMPROVEMENT DISTRICT PROJECTS REVENUE OF $52,336; APPROPRIATING 1992 IMPROVEMENT DISTRICT PROJECTS EXPENDITURES OF $52,336; TRANSFERRING $7,000 FROM THE ELECTRIC FUND TO THE GENERAL FUND; TRANSFERRING $25,000 FROM THE ELECTRIC FUND TO THE PARKING IMPROVEMENT FUND; REDUCING TRANSFER OF $7,000 FROM THE ELECTRIC FUND TO THE ICE GARDEN FUND; REDUCING ICE GARDEN FUND REVENUES OF $283,440; REDUCING ICE GARDEN FUND EXPENSES OF $412,874; REDUCING TRANSFER OF $51,000 FROM THE ICE GARDEN FUND TO THE GENERAL FUND was read by the city clerk Councilwoman Richards moved to suspend the rules and extend the meeting to 9:25 p.m.; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Peters. Motion carried. Jim Curtis, housing office, told Council the city's finance director will critique the budget for West Hopkins before the second reading. Curtis said the budget of $425,000 is the maximum and may be less by second reading. Curtis requested fee waivers for water tap fees, building permit fees and park impact fees. Curtis said they hope for a ground breaking on or before June 1 and would like to allocate funds before second reading to get the site ready for this construction. Curtis said Council needs to discuss sales prices and the amount of subsidy for the project. The requested $425,000 includes the $80,000 allocated in 1991. Of that $80,000, $74,000 has been spent. The construction bids have been opened and the housing office recommends giving a contract to Vannice Enterprises. Their bid was $75,000 less than that used in the estimates. The construction loan application has been submitted to 3 local banks and the housing office should hear soon about the loan. Curtis said they would like to use the subsidy funds for the initial start up so as not to delay construction. 15 Regular Meeting Aspen City Council May 11, 1992 Amy Margerum, city manager, said she would rather have the housing office wait for 2 weeks for final approval. Councilman Peters agreed he does not want to go out of the appropriations process for this project. Everhart told council at second reading there will also be a housing resolution approving this budget. Jed Caswall, city attorney, told Council they do not approve waiver of tap fees or building permit fees. The only discretion is for the park impact fees, which should be done at second reading. Councilman Peters moved to adopt Ordinance #37, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #34, SERIES OF 1992 - Inventory of Historic Sites/Structures Councilwoman Pendleton moved to read Ordinance #34, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #34 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IDENTIFYING AND DESIGNATING THOSE SITES AND STRUCTURES CONSTITUTING THE 1992 CITY OF ASPEN INVENTORY OF NON-LANDMARK HISTORIC SITES AND STRUCTURES AS AUTHO- RIZED PURSUANT TO SECTION 24-7-709 OF THE MUNICIPAL CODE was read by the city clerk Roxanne Eflin, planning office, told Council the city is required to re-evaluate the inventory once every 5 years. The idea is to keep the inventory fresh, the community awareness high, and to make sure the information is accurate. Ms. Eflin told Council this was also an opportunity to put all this information on the computer. Ms. Eflin said the HPC recommends 5 properties be removed from the inventory and that 5 properties be added. Ms. Eflin told Council public notices were sent out and several public meetings were held. Ms. Eflin said people objected to being on the inventory because of the fear this reduced their property value. The city has developed a comprehensive package of incen- tives for historically designated structures. The rating system has been changed from 1 through 5 to significant, contributing and supporting. Jed Caswall, city attorney, said besides approving the ordinance at second reading, it will also be an opportunity for property owners 16 Regular Meeting Aspen City Council May 11, 1992 to be heard about why their property should or should not be on the inventory. Councilman Reno said he would like to see the names of people who have expressed concerns about being on this inventory. Councilman Reno said he would like the background on the consultants recommen- dations and why these were changed. Councilman Reno said he would like to see added incentives or to see what the city is trying to save; is it historic or is it scale. Councilman Reno said people who have owned these homes for a long time are sometimes caught in a bind by being on the inventory. Councilman Peters moved to adopt Ordinance #34, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmem bers Richards, yes; Peters, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. Councilman Peters moved to suspend the rules and meet another 15 minutes; seconded by Councilwoman Richards. All in favor, with the exception of Councilmembers Pendleton and Reno. Motion carried. ORDINANCE #36, SERIES OF 1992 - Temporary Use Permit Additional Food Stand as Music Tent Councilwoman Pendleton moved to read Ordinance #36, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #36 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT FOR SALES OF FROZEN CONFECTIONS AT THE MUSIC ASSOCIATES OF ASPEN'S MUSIC TENT, LOT 2 OF THE ASPEN MEADOWS SUBDIVISION was read by the city clerk Councilman Peters moved to adopt Ordinance #36, Series of 1992, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Mayor Bennett yes; Richards, yes; Pendleton, yes; Peters, yes; Reno, yes. Motion carried. ORDINANCE #38, SERIES OF 1992 - Temporary Use Permit Theatre in the Park Councilman Reno moved to read Ordinance #38, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #38 (Series of 1992) 17 Regular Meeting Aspen City Council May 11, 1992 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT FOR ASPEN THEATRE IN THE PARK FOR LIVE PERFORMANCES AND THE CONSTRUCTION AND MAINTENANCE OF A SUMMER THEATRE TENT ON THE RIO GRANDE PROPERTY, CITY AND TOWNSITE OF ASPEN was read by the city clerk Councilman Reno moved to adopted Ordinance #38, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Pendleton moved to adjourn at 9:35 p.m.; seconded by Councilman Reno. All in favor, motion carried. Kathryn S. Koch, City Clerk 18 Regular Meeting Aspen City Council May 11, 1992 PROCLAMATION - National Historic Preservation Week 1 ............. PROCLAMATION - Arbor Day 1 ................................ ....... PROCLAMATION - Aspen Bike to Work Day 1 .......................... PROCLAMATION - National Employee Health and Fitness Day 1 ........ CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 3 ................................ ......... CONSENT CALENDAR 4 ................................ ............... LIQUOR LICENSE AUTHORITY BUSINESS 4 .............................. Transfer - Aspen Meadows 4 ................................ ....... Transfer - Bice 4 ................................ .............. Special Event Permits 5 ................................ .......... Renewals 5 ................................ ...................... Change of Manager Flying Dog Brew Pub 5 ........................ ORDINANCE #12, SERIES OF 1992 - Aspen Winter Garden Ice Rink 5 ... ORDINANCE #29, SERIES OF 1992 - Pitkin Mesa Improvement District 9 ................................ .................. ORDINANCE #25, SERIES OF 1992 - H Designation 134 E. Ble eker 10 ... ORDINANCE #26, SERIES OF 1992 - Sales Tax Self Collection 11 ...... ORDINANCE #27, SERIES OF 1992 - Special Event Permits 12 .......... ORDINANCE #30, SERIES OF 1992 - Appropriations 12 ................. ORDINANCE #35, SERIES OF 1992 - Code Amendment, Office Zone 12 .... ORDINANCE #37, SERIES OF 1992 - Appropriations 13 ................. ORDINANCE #34, SERIES OF 1992 - Inventory of Historic Sites/Structures 15 ................................ .......... ORDINANCE #36, SERIES OF 1992 - Temporary Use Permit Addition- al Food Stand as Music Tent 16 ............................... 19 Regular Meeting Aspen City Council May 11, 1992 ORDINANCE #38, SERIES OF 1992 - Temporary Use Permit Theatre in the Park 16 ................................ ............... 20