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HomeMy WebLinkAboutminutes.council.19920113Regular Meeting Aspen City Council January 13, 1992 ANN UAL MEETING - Aspen Public Facilities President John Bennett called the annual meeting to order at 5:05 p.m. with members Rachel Richards, Frank Peters, Margot Pendleton, Augie Reno, Dallas Everhart and Kathryn Koch present. Pendleton moved to approve the minutes of the last annual meeting, January 14, 1991; seconded by Councilman Peters. All in favor, motion carried. Kathryn Koch, secretary, reported the office of vice-president is vacant. Peters moved to nominate Rachel Richards vice president; seconded by Reno. All in favor, motion carried. Reno moved to adjourn the annual meeting of the Aspen Public Facility Authority; seconded by Peters. All in favor, motion carried. COUNCIL MEETING Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Richards, Peters, Pendleton and Reno present. PROCLAMATION - Armory Hall Centennial Mayor Bennett and Council proclaimed January 1992 as Armory Hall Centennial month and called upon citizens to recognize and participate in this observance. Mayor Bennett presented to proclamation to Roxanne Eflin, historic planner. Ms. Eflin presented members of the Centennial celebration committee. Ms. Eflin told Council there will be a Winterskol float and posters around town, an article in the Winterskol magazine, a display of historic artifacts at the bank and a new plaque and sign in front of city hall. CITIZEN PARTICIPATION 1. Mark Friedberg told Council a proposed regional transportation bill has been given to the Roaring Fork Forum. Friedberg expressed concerns about the wide scale ramifications of this bill, the taxing authority and scope. Friedberg said negotiating with Anschutts can be achieved without forming a taxing district. Friedberg said there should be a hearing to discuss this bill, to listen to concerns of the community. Friedberg said recent studies have shown that this area does not have 10 percent of the popula- tion needed to support a rail system. Councilwoman Pendleton said she attended this meeting and people seem to have the cart before 1 Regular Meeting Aspen City Council January 13, 1992 the horse. Councilwoman Pendleton said the citizens should be behind the bill before it goes any farther. Councilwoman Richards said the bill was presented to the Roaring Fork Valley forum as a draft to solicit input before it was brought back to the local communi ties and local governments. Councilwoman Richards said there should be a critical path of all that needs to be done to solve the transportation needs in the valley. Amy Margerum, city manager, said she has a copy of the draft and is waiting for a summary and schedule from the trail task force. This will be distributed to Council. 2. Gideon Kaufman asked by which method the temporary use ordinance will be adopted. Jed Caswall, city attorney, told Council he has prepared both an emergency and regular ordinance. 3. Joan Slattum, representing the Aspen Comedy Festival, requested permission to display two Pontiacs in front of the Wheeler during the comedy shows. Pontiac is one of the sponsors of this show. The request is also for banners and information about the cars. Bill Efting, assistant to the city manager, told Council banners and lights are in direct violation of the city's code. There is a banner policy for non-commercial uses; there is no policy for commercial uses. Efting said the only things not in violation of the code would be to allow information to be displayed inside the vehicle. Councilman Peters said he is not interested in accommodating this request. Councilman Reno asked if the city had any policy about cars in the mall. Efting said when the display or raffle will benefit local charities, the city has allowed this. Jon Busch told Council CCLC has been struggling with these types of requests for years and has restricted straight out commercial uses of the mall. Councilwoman Pendleton agreed unless it is for a local charity, she is not in favor of this. Councilwoman Richards pointed out there are a lot of productions in the Wheeler. If Council approved this there could be cars and other things in front of the Wheeler all year long. COUNCILMEMBER COMMENTS 1. Councilman Reno said he is concerned about the condition of Cooper and Galena where the horse carriages stand. Councilman Reno requested the engineering department look at catch basins or what is being done to get rid of the urine. 2. Councilman R eno said the Rotary Club is going to have a Great American Duck race to raise money for non-profit organizations. Councilman Reno said for this race plastic ducks with numbers will be dropped from the Cooper avenue bridge floated down the Roaring 2 Regular Meeting Aspen City Council January 13, 1992 Fork to the Mill Street bridge. People buy ducks and win prizes. Councilwoman Richards asked if the river work would be done by then. Staff said they would check. Amy Margerum, city manager, said this will have to get a special event permit. 3. Councilman Ren o said he received a call from a company who made a proposal for housing management. This person indicated he has not been contacted from the day the proposal went in. Dave Tolon, housing office, told Council the 3 or 4 finalists were reviewed today and they are still in the process of reviewing these. 4. Councilwoman Pendleton said the Galena street shuttle has been very successful. There is a meeting in 2 weeks to determine where to go from here. Councilwoman Pendleton thanked the drivers and Russ at the parking garage for their efforts. 5. Councilwoman Richards said Sloan Shoemaker of the Environmen- tal Research Group would like a copy of the pedestrian and bikeway plan. 6. Councilwoman Richards said one issue at the Roaring Fork Forum was to have a strategic planning meeting to look at directions for 1992. Several existing projects are being closed out. 7. Councilwoman Richards said the Burnt Mountain EIS process began today in Glenwood; there will be a series of meetings. Diane Moore told Council the forest service assembled a task force to review the EIS. The city and Pitkin County will be involved. The meetings will continue until January 1993. The forest service has established a very ambitious schedule. 8. Councilwoman Richards moved to go into executive session at the end of the meeting to discuss personnel; seconded by Councilman Peters. All in favor, motion carried. 9. Amy Margerum, city manager, said HPC would like to meet with Council and discuss their goals for 1992. Mayor Bennett suggested Council meet with all the Boards and Commissions after Council has had their goals retreat. 10. Amy Margerum, city manager, requested a work session with Council on Highway 82. This was scheduled for Thursday, January 16th at 8:30 a.m. 11. Amy Margerum, city manager, told Council the city received an application for a stream margin review for Sheldon Gordon's home. This will allow the city to sign off on the Aspen Meadows closing documents this week. 3 Regular Meeting Aspen City Council January 13, 1992 12. Councilwoman Pendleton said a lett er was presented at the Roaring Fork Forum requesting other entities support Glenwood Springs' funding for the new bridge across the Colorado river. Councilwoman Pendleton said this bridge is not in the 5 year plan. The Roaring Fork members said they would support it as long as it is new money, not already pledged highway money. 13. Amy Margerum, city manager, told Council Jed Caswall, city attorney, attended a COG water quality meeting. COG has set up a legislative meeting for January 29th. CONSENT AGENDA Councilwoman Pendleton moved to approve the consent agenda; seconded by Councilman Reno. The consent agenda is: A . Minutes - December 9, 11, 26, 1991 B . Reso lution #1, 1992 - Posting Notices of Public Meetings C . Resolution #2, 1992 - Ute Ave Conceptual Approval Extension D . Mayor's Deed - Loushins E . Resolution #3, 1992 - Berge r Annexation F . Resolution #4, 1992 - Williams Ranch Annexation G . Purchase 1992 Cherokee Public Works Department H . Schmueser Gordon Meyer Ute Avenue Contract Approval All in favor, motion carried. LIQUOR LICENSE RENEWALS (Councilman Peters stepped down due to a conflict of interest). Councilwoman Pendleton moved to approve liquor license renewals for Ebbe's; Hard Rock; Poppycock's; Hotel Lenado; Sardy House; Shooter's; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #49, SERIES OF 1991 - Extending CCLC Mayor Bennett asked if the membership preference, for lodging association, merchant community, ACRA, etc. is still relevant. Jon Busch, chairman of CCLC, said this is still a good guideline for Council. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #49, Series of 1991, on second reading; seconded by Councilwoman Richards. Councilwoman Richards said she is looking forward to discussing 4 Regular Meeting Aspen City Council January 13, 1992 goals and priorities with CCLC, who will be addressing increased congestion, delivery trucks, traffic in the core area. 5 Regular Meeting Aspen City Council January 13, 1992 ORDINANCE #46, SERIES OF 1991 - Procurement Code John Worcester, assistant city attorney, pointed out department heads will be able to approve expenditures up to $2,000; the city manager can approve expenditures of $2,000 to $25,000. This has been amended so that Council will only approve items over $25,000 rather than $10,000. Amy Margerum, city manager, pointed out the city manager will bring any items to Council that are not in the budget. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters brought up Section 3-24, construction performance bonds, which requires the city obtain 100 percent bond security for expenditures over $10,000. This may be contrary to obtaining local purveyors and suppliers and will narrow the range of bidders. Councilman Peters said phased bonds may work in this situation. Councilman Peters said he would like to see more latitude and flexibility in determining an appropriate bond level. Worcester suggested allowing the city manager flexibility on certain projects. Council agreed. Councilwoman Richards moved to table Ordinance #46, Series of 1991, to January 27, 1992, in order to work on alternate language regarding the performance bonds; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #51, SERIES OF 1991 - Prohibiting Moving Towed Vehicles John Worcester, assistant city attorney, told Council this ordinance makes it unlawful to move a car that has been towed and to set the fees for moving this vehicle. Worcester reminded Council at first reading it was discussed that the judge set the fine so that the ordinance will not have to be amended annually. Worcester said the ordinance has been re-written to not state what the administrative charge is; the ordinance also sets a processing fee. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #51, Series of 1991, on second reading as amended by staff; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Peters, yes; Richards, yes; Pendleton, yes. Mayor Bennett, yes. Motion carried. 6 Regular Meeting Aspen City Council January 13, 1992 ORDINANCE #52, SERIES OF 1991 - West Hopkins Affordable Housing Subdivision Leslie Lamont, planning office, told Council this applicant seeks subdivision, PUD designation, PUD review, GMQS exemption for 11 deed restricted units, condominiumization and vested rights. Ms. Lamont told Council this project has been reviewed by P & Z, who recommended approval. Ms. Lamont told Council the issue of requiring sidewalks on both west Hopkins and south Seventh street was discussed with both P & Z and the public projects review group. Ms. Lamont recommended at time of development a sidewalk should be installed on Seventh street pursuant to the guidelines of the pedestrian plan. Sidewalks should be deferred on west Hopkins until the staff determines whether they want the sidewalk on the north or south side of the street. Ms. Lamont said there is a curb, gutter and sidewalk agreement that applicants can sign to install these at a future date. Larry Yaw, representing the applicant, presented drawings and plans of the project. Some of the objectives were to make the best living environment for residents; to enhance the neighborhood quality by the project; to create opportunities for both social interactions and for a sense of privacy; to create an architectural image appropriate to Aspen. In the design they have tried to keep the street front scale down. The internal courtyard was important. The buildings are 5 feet lower than the zoning requirements in the AH zone. There are 11 units with 11 parking spaces; 6 of these are under cover. The architectural character is based on miner's cottages. The massing tries to retain the character of each street front. Yaw outlined the setbacks. Yaw told Council if this project went to the prescribed setbacks there would be 22 feet between buildings. Yaw said there would be problems with sunlight and lack of privacy. The way the project has been designed, the distance between the building will be 36 feet, which is enough distance for privacy. Councilwoman Richards asked about the back side of the house and whether there are porches. Yaw said these will be an add alternate because the project cannot afford to build these. Councilwoman Richards said if these are boxed off, the center courtyard may become dead space. Mayor Bennett asked about the front porches. Yaw said these also are not in the budget. Yaw said this will be a bid alternate or there will be criteria developed for purchasers to build these. This will be additional PUD footage. Councilman Reno said he is concerned that all the snow from the roofs will be dumped in the common area. Yaw said a shed form is created so that the snow will not come into the courtyard; there are also avalanche guards. 7 Regular Meeting Aspen City Council January 13, 1992 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if there is room for recycling bins. Yaw showed where these will be located. Vann said the AH zone district allows moderations in setbacks and some other areas. These are being approved as part of this application. The applicant also requested special review of parking and of open space reduction. These were approved by P & Z in a one-step process. Vann requested the whereas be amended to show approval of these items by P & Z. Section 1 lists several conditions that have to be met prior to recordation of the plat. Vann told Council the applicant has no problem installing a sidewalk on Seventh street. There is a question regarding the width of the right-of-way. The adjacent property is outside the original townsite. Vann told Council there are large cottonwoods in the Hopkins right-of-way. There are no improvements envisioned to Hopkins street at this time. Putting in a sidewalk would require moving the cottonwoods. Vann said the applicants would like to let the street improvements rather than the project development, drive the sidewalk installa- tion. Vann said they would like to defer the south Seventh street sidewalk until a decision is made whether the right-of-way is going to be widened. Vann said as part of the subdivision agreement they will indicate they are willing to pay for the sidewalk but this should not be done twice. Mayor Bennett stated he is opposed to ever losing the cottonwoods. Vann said condition (a) would be eliminated and condition 4 in Section 2 would be revised to include the South Seventh street. Councilwoman Richards said she endorses the pedestrian bike plan and would like to see more sidewalks to enable access from the Marolt housing project. This sidewalk would also be used by the children of the project. Vann said they may be able to design the sidewalk around the trees. Ms. Lamont said the sidewalk has been the topic of discussion since the beginning of the project. Staff feels the sidewalk on south Seventh is vitally important for the link to the Marolt housing, the Institute and the Meadows property. Ms. Lamont said preserving the trees and ditches has always been discussed. Councilman Peters said he cannot make sense out of a sidewalk to nowhere. If they are installed they should go somewhere. Councilman Reno said it is nice to have a soft edge to the property; however, there is only 1 parking space per unit and there will be on-street parking. Councilman Reno said there may be maintenance problems with storage of automobiles and parking on the grass along the street. Vann said the application proposes a rolled curb for the transition between the driving space and grass 8 Regular Meeting Aspen City Council January 13, 1992 with no sidewalk. Councilwoman Pendleton agreed this would be a sidewalk to nowhere. Ms. Lamont reminded Council the pedestrian bikeway plan is an adopted plan. This plan does not recommend rolled curbs as they are a problem in the winter and do not provide a barrier to the property. Councilwoman Richards said people walking down the center of streets because there is no sidewalk causes disarray. Vann said in Section 1(c) there is a reference to a triangular section of land, which is part of an old mining claim off of Shadow mountain. The parking for the Scandia townhouses encroaches into that area. Vann said it is the applicant's intention to either provide a long term easement to the benefit of Scandia or to offer to sell. The triangular piece of property is not essential to the density calculations. The applicants failed to request subdivision approval to separate the triangle from the larger parcel. Vann requested approval for authority to separate the triangle and to convey it to Scandia. Vann requested condition #9 be re-worded to make front porches optional. The applicants will continue to explore whether the budget can cover these. Vann said this should be included as part of the approval so that people can build the porches without going through the review process. Vann said in Section 2(5) there is a reference to 3160 square foot of remaining floor area. Vann said the numbers are approximate for the project and the floor area is less than the maximum allowed on site. Vann requested the section state this will specify what additional things may be done with the remaining FAR. The remaining floor area will depend upon the deletion of the triangle. Ms. Lamont said she would like the remaining FAR spelled out either in the subdivision agreement or the plat. Vann agreed they could add a requirement that a notation be placed on the condominium plat regarding the FAR. Councilman Peters said this is a PUD review based on height, setbacks, elevations; 3,000 square feet is a lot to be adding administratively. Vann said the applicants could put a square footage limitation on the types of things that could be added to the project. Yaw said this could be done through the covenants. Ms. Lamont said these would have to be reviewed by the zoning officer. By this amendment staff is trying to avoid having full PUD amendments reviewed and approved by Council. The agreement can list things to be added like porches and storage. Yaw pointed out the designers have tried hard to keep as much open space as possible and have reduced to setbacks to accomplish this. Councilman Peters moved to adopt Ordinance #52, Series of 1991, subject to the conditions outlined in the ordinance and amended by Section 1(a) be stricken that Section 1, 1(c) be modified to 9 Regular Meeting Aspen City Council January 13, 1992 include approval to subdivide the triangular space to Scandia Townhouses; Section 1(9) be modified to read that front porches may be added in the future; Section 1(10) be deleted; Section 2(3) be deleted, and that #5 be modified to include additional FAR allowances for optional front porches, and an amendment in the Whereas clause to reflect P & Z's review and approval of open space and parking; seconded by Councilman Reno. Councilwoman Richards asked if this is repudiation of the work of the pedestrian and bikeway plans because this is an affordable housing project. Mayor Bennett said the developer can sign an agreement to join a sidewalk district if there is one formed in the future. Councilwoman Pendleton agreed a sidewalk should be in this area; however, it is premature to require one now. Ms. Lamont pointed out Section 2(4) is the sidewalk improvement district; prior to filing the final plat the applicant shall sign such agreement. Ms. Lamont suggested adding "for south Seventh street and West Hopkins street pursuant to the guidelines of the pedestri- an and walkway plan". Ms. Lamont said this can required without an entire sidewalk district. Vann agreed this is acceptable. Mayor Bennett said this is not repudiating the sidewalk plan. Right now this would be a sidewalk to nowhere. Councilwoman Richards said the sidewalk plan endorses installing sidewalks as projects are built. Roll call vote; Councilmembers Pendleton, yes; Richards, no; Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #53, SERIES OF 1991 - Cascades Condominiumization Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #53, Series of 1991, on second reading with Section 1 #2 amended to include requirement to sign either a subdivision exemption or curb, gutter and sidewalk agreement; seconded by Councilman Reno. Roll call vote; Council- members Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #54, SERIES OF 1991 - Lower Ute Improvement District Chuck Roth, city engineer, reminded Council the district has been in the works for awhile. The city has no cost sharing obligations for this district. The total projected budget is $290,000; $220,000 construction, $54,000 engineering, construction management and legal fee and 6 percent of $16,000 incidental and bonding costs. Staff recommends approval. 10 Regular Meeting Aspen City Council January 13, 1992 Mayor Bennett opened the public hearing. Gaard Moses told Council he lives above the district and questioned why he has been included. It does not affect him at all. Moses said he would like to be out of the district. Moses said 4 years ago a runoff district was approved. The previous Council allotted $100,000 towards this district. This was to take care of water running off Aspen mountain down onto Ute Avenue. Moses requested Council look into the status of this earlier district, also. Nick McGrath, representing the improvement district, noted Moses accesses his property off Ute avenue as do other properties, like the Aspen Alps. McGrath told Council there were 3 administrative hearings with the city manager which were the appropriate times to ask for exclusion and to ask for a remonstrance. John Worcester, assistant city attorney, said the test is whether or not a property benefits from the proposed improvements. If it does, then it should be included in the district. Worcester pointed out some properties will benefit more than others. This property does access off Ute Avenue. Roth said in 1987 $100,000 was budgeted for the Ute Avenue storm runoff improvements. This project was not carried forward. Worcester said in every improvement district, someone is going to be at the beginning of the district. The ultimate test is whether the property will benefit. Councilman Peters said he feels Moses will benefit from this district. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #54, Series of 1991, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #1, SERIES OF 1992 - 316 East Hopkins Landmark Designa- tion Councilman Peters moved to read Ordinance #1, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #1 (Series of 1992) AN ORDINANCE DESIGNATING 316 E. HOPKINS AVENUE AS "H", HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-701 OF CHAPTER 24 OF THE MUNICIPAL CODE was read by the city clerk 11 Regular Meeting Aspen City Council January 13, 1992 Roxanne Eflin, planning department, told Council this makes 115 landmarks in the city. Ms. Efting told Council structures are required to meet at least 1 of the six criteria for designation; 3 were met. The HPC and P & Z have recommended designation. Councilman Reno moved to adopt Ordinance #1, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #2, SERIES OF 1992 - Emde Vested Rights (Councilman Reno stepped down due to conflict of interest). Kim Johnson, planning office, told Council on December 17th P & Z reviewed and approved stream margin review and conditional use for an accessory dwelling unit. This is vested rights for this site in the Oklahoma Flats addition. Councilman Peters moved to read Ordinance #2, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #2 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VESTING THE DEVELOPMENT RIGHTS FOR THE EMDE STREAM MARGIN/CONDITIONAL USE APPROVAL (LOCATED AT 285 N. SPRING STREET, BLOCK 1, LOTS 4,5,6 AND HALF OF LOTS 3 AND 7, OKLAHOMA FLATS ADDITION was read by the city clerk Councilman Peters moved to adopt Ordinance #2, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RIO GRANDE PLACE PARKING Bob Gish, public works director, told Council timed parking along Rio Grande place and the Bass/Obermeyer building was put in place when the parking garage was opened. Gish showed a drawing of the garage, Bass/Obermeyer building, Rio Grande. Gish reminded Council Raymond Auger brought in a petition requesting the 90 minute parking be taken away and that parking be unrestricted. The decision about this was made by engineering, planning and police departments. Staff looked at the overall parking and what the city is trying to accomplish downtown and an incentive to try and get cars to use the parking garage. Gish pointed out the first 2 hours in the parking garage is free. 12 Regular Meeting Aspen City Council January 13, 1992 Gish pointed out there is no timed parking on Bleeker street, the south side of the Bass/Obermeyer building. Gish told Council he talked to every business owner in the building. They all want the parking not restricted. Gish told Council areas at the east and west ends of the Bass/Obermeyer building, which are owned by the city, are used for parking. Staff is working on an overall plat of the Rio Grande to figure out what will be done with city property. Diane Moore, planning director, told Council the transportation committee believes that the city's parking policies should be addressed on a comprehensive manner, not by citizen's requests. Ms. Moore recommended the 90 minute parking restrictions be maintained. Raymond Auger told Council everyone in the building signed the petition and the signatures represent everybody who works in the building. Auger said from the standpoint of pollution and energy savings, it does not seem to make sense to require the cars to move every 90 minutes. Auger said the people who need their vehicles and the tools in their vehicles are not going to park in the garage. Amy Margerum, city manager, reminded Council the city is looking long term at increasing the uses of the Rio Grande. The city is trying to encourage people to walk to the Rio Grande to use the art park, the trails, etc. Ms. Margerum said if these spaces are not timed parking, employees will park in them all day long and people in the building will have a difficult time trying to park around their building. Councilman Peters suggested that people who legitimately need their vehicles get a service parking permit from the police department. Mayor Bennett said ultimately this should be timed parking; however, this is premature as there is no need for timed parking except to force cars into the garage. Timed parking ought to be required by the people living or working in the neighborhood. The people in this neighborhood do not want timed parking. Councilwoman Richards moved to retain timed parking on the Rio Grande; seconded by Councilman Peters. All in favor, with the exception of Mayor Bennett. Motion carried. WATER PLANT ENGINEERING CONTRACT Amy Margerum, city manager, told Council there was a staff review panel who spent a lot of time going over the engineering proposals. Larry Ballenger, water department director, told Council staff prepared request for proposals for engineering services to evaluate the eastern plant. This was advertised publicly; invitations were sent to 10 engineering firms. The city received 4 proposals back. 13 Regular Meeting Aspen City Council January 13, 1992 Ballenger recommended the city hire Schmeuser, Gordon and Meyer to evaluate the east plant. Ballenger told Council their approach to this evaluation was best to the interest of the city. The 3 most competitive prices were within $200 of each other; price was not a major consideration. The staff concentrated more on what the firm was going to offer the city. Ms. Margerum said she is not sure this is budgeted in 1992; it was discussed and staff said they would come back to Council with the actual amount. This will have to come out of the water fund. Bob Gish, public works director said there is $90,000 to be carried over from 1991, which could be made available for this contract. Ballenger told Council the engineering services will be $21,900. Staff requested an alternate bid for the removal of the media in the filters, which is an additional $2,000. It will cost between $40,000 and $70,000 to rebuild the filter. Ballenger said he cannot tell Council what the rehabilitation costs will be until they find out what needs to be done. Ballenger said they will take the worst filter, remove the media from the filter to evaluate what the concrete structure of the filter bed is. Ms. Margerum told Council staff has explored alternatives for the plant. One option is the plant can operate on less than all filters and staff may decide not to replace the filter. Councilman Reno asked if, after the evaluation, staff will have to go out for engineering services for construction documents based on the engineering recommendations. Ballenger said he will not know for sure until the evaluation is received. Councilman Peters asked if Dean Gordon had ever been employed by the city of Aspen water department. Gordon told Council Jay Hammond was the city engineer for a number of years. Hammond told Council during construction of the water plant, Dan McArthur was the city engineer and he did not have a direct involvement with the plant construction. Councilman Peters moved to approve the contract with Schmeuser, Gordon Meyer; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #3, SERIES OF 1992 - Upper Ute Improvement District Councilman Reno moved to read Ordinance #3, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #3 (Series of 1992) AN ORDINANCE OF TH E CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CREATING THE UPPER UTE AVENUE IMPROVEMENT 14 Regular Meeting Aspen City Council January 13, 1992 DISTRICT NO. 1992-2, 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 IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT was read by the city clerk John Worcester, assistant city attorney, told Council the assess- ment formula has been agreed upon by all parties. Bob Daniels, Banner Associates representing the upper Ute Improvement District, told Council the revised plans for the district incorporates the comments from the Blue Ribbon Committee and Council. Because of budget constraints the city will not be participating. The revised design contemplates only 20 foot right-of way. There are no lighting or bike path improvements. Drainage will be limited to a ditch on the south side of Ute and culverts under the driveways will be installed. The assessment is based on the contribution by the 3 principle property owners. Hoag subdivision has been included. Chuck Roth, city engineer, told Council this is being done so that the Upper Ute district can take advantage of the bonding process with the lower Ute Improvement district. Councilman Peters moved to adopt Ordinance #3, Series of 1992, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #4, SERIES OF 1992 - Vehicle Idling Provisions Councilwoman Pendleton moved to read Ordinance #4, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #4 (Series of 1992) AN ORDINANCE REPEALING SECTION 16-3(B)5 AND ADDING SECTION 11-2.4.1 TO THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO PROHIBIT IDLING OF STATIONARY MOTOR VEHICLES FOR PROLONGED OR UNREASONABLE PERIODS OF TIME was read by the city clerk Barbara Umbreit, environmental health department, told Council this ordinance moves the issue of vehicle idling from noise to the air pollution section of the Municipal Code. Ms. Umbreit said this decreases the amount of idling time from 15 to 5 minutes. Ms. Umbreit told Council staff worked with RFTA and the Clean Air Board, who both support the ordinance. Ms. Umbreit pointed out this ordinance allows diesel vehicles additional time to warm up. This is defined in the ordinance. The ordinance also allows public 15 Regular Meeting Aspen City Council January 13, 1992 transportation vehicles with 60 or more people additional time to load. Councilman Reno asked if refrigerated trucks have to idle longer to keep the refrigerated unit cold. Jim Wingers told Council one must run a diesel at all times to keep a refrigerated unit cold. This is the separate, smaller unit. The main engine can be shut down. Ms. Umbreit told Council this ordinance will be enforced on a complaint basis. Staff is not out on the streets looking for idling trucks but does get a lot of complaints about delivery trucks. Councilman Peters moved to adopt Ordinance #4, Series of 1992; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Richards, yes; Reno, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #5, SERIES OF 1992 - Code amendment Temporary Uses Diane Moore, planning director, presented a proposed schedule for this code amendment, which would have second reading February 10th. The application for a temporary use would also be an ordinance procedure with first reading February 10th and second reading February 24th. If Council chooses to adopt this by emergency ordinance, the first reading for the temporary use application would be January 27th with second reading February 10th. Jed Caswall, city attorney, told Council the Charter allows for adoption of emergency ordinances to protect public property, health safety and peace. Emergency ordinances may only be approved by unanimous vote or a vote of 4 Council members, whichever is less. Facts showing the need for an emergency ordinance must be stated in the ordinance itself. There is no requirement for public hearing or prior publication. Caswall presented Council with both a regular and an emergency ordinance, which also sets a special meeting. Caswall noted in Section 2 he delineated facts and circumstances illustrating a legislative determination that the adoption of the proposed ordinance is under circumstances a person could reasonably conclude constituted an emergency. Caswall suggested before first reading Council make a determination whether or not this should proceed as an emergency ordinance. Bill Efting, assistant city manager, told Council there was a meeting with about 13 residents and the production company. Efting said criteria like parking, hours of operation, were outlined in 16 Regular Meeting Aspen City Council January 13, 1992 the meeting. Two major problems were that residents felt the school district was not cutting a good enough financial deal, and a concern about commercial use in a residential neighborhood. Efting told Council the production company has met again with the school board. Gideon Kaufman, representing Fall line productions, pointed out well before this staff has identified the need to have an ordinance to provide for temporary uses. This ordinance has been drafted prior to this issues and is not unique to this one situation. The ordinance lists justifications for the emergency adoption; the school district, the opportunities for the city, the Colorado film company. The school board is in the process of having the city look at purchasing the red brick school. There are utility and repair expenses at the school. If this ordinance passes, this gives the school board an opportunity for income. The school has also negotiated an educational process for the students. These opportunities justify an emergency ordinance. This ordinance does not confer any special benefit on any particular person. This ordinance gives the production company an opportunity to go to public hearing at which time Council will make a determination if the film company has mitigated enough concerns. Kaufman told Council this is a film written by a former Aspen ski instructor about his experiences in Aspen. It has to be filmed in the winter. John Norton, Aspen Skiing Company, told Council they were asked for help from the production company and they are willing to support this wherever they can. Deedee Brinkman said this event will bring money and employment to Aspen. Kaufman presented a letter from the school board of unanimous support and approving the negotiations for the lease of the school. Caswall told Council this ordinance establishes temporary uses and provides a mechanism by which Council may allow temporary uses anywhere in the city. The ordinance provides for notices to adjoining property owners and within 300 feet of the proposed location for the temporary. There will be 15 day published notice. Councilwoman Richards asked if there is enough criteria in the ordinance to review a full variety of temporary use applications. Ms. Moore told Council this ordinance was discussed by staff in August when they were reviewing the theatre tent at the Rio Grande. Ms. Moore said criteria A through G covers a wide variety and Council may consider other pertinent factors. Councilwoman Pendleton said she is concerned about what the city is attempting to do with the mill levy and the red brick school, which is more important than this film. The long term benefit is the city purchasing the red brick school. Mayor Bennett said this only allow the production company to apply for a temporary use. There 17 Regular Meeting Aspen City Council January 13, 1992 will be a full public hearing on that temporary use. The pros and cons will be debated and the public will be heard from. Councilman Peters agreed the merits of this use will be debated at the public hearing. The ordinance has been contemplated before this specific issue has come up. This code amendment is good public policy. Following through will allow this potential use of the red brick building to be reviewed. Councilwoman Richards moved to read emergency Ordinance #5, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #5 (Series of 1992) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ARTICLE 7 OF CHAPTER 24 OF THE MUNICIPAL CODE BY ADDING A NEW DIVISION AUTHORIZING TEMPORARY LAND USES WITHIN ALL ZONE DISTRICTS AND SETTING A SPECIAL MEETING OF THE CITY COUNCIL was read by the city clerk Councilwoman Richards moved to adopt emergency ordinance #5, Series of 1992 and scheduling a special meeting January 15 at 5 p.m.; Caswall incorporated into the record all comments by made the public and by Council prior to the reading of this ordinance, and to make a finding that the conditions specified in the ordinance illustrating this is an emergency does warrant emergency treatment of this ordinance. Councilwoman Richards withdrew her motion. Councilman Peters moved that all Council and public comments that have been aired in this room prior to first reading of the Ordinance be incorporated into the record as if they had been entered into the record after the first reading; seconded by Councilman Reno. Councilman Peters moved that based upon the evidence presented at this meeting as well as significant amount of public and Council elected official work that has been done in research of alterna tive uses of the red and yellow brick building that a significant public purpose exists and a significant public opportunity exists for Council to pass an emergency ordinance; seconded by Councilman Reno. All in favor, motion carried. Councilwoman Richards moved to adopt emergency Ordinance #5, Series of 1992, for temporary uses and to set a special meeting Wednesday, January 15, 1992, at 5:00 p.m.; seconded by Councilman Reno. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, 18 Regular Meeting Aspen City Council January 13, 1992 yes; Reno, yes; Mayor Bennett, yes. Motion carried. Councilman Peters moved to suspend the rules and continue the meeting to 9:50 p.m.; seconded by Councilman Reno. All in favor, motion carried. RESOLUTION #5, SERIES OF 1992 - Eagles Pines Water Line Moratorium Exemption Jed Caswall, city attorney, reminded Council there is presently a moratorium on extensions of water mains associated with the water system whether inside or outside the city boundaries. The moratorium does provide if the city manager deems a particular project worthy, it can bring this to the attention of Council for an exemption. The city has had a request on behalf of the affordable housing portion of the Eagle Pines subdivision. Larry Ballenger, water department director, told Council this is part of the subdivision and will have to have a separate water service agreement. Councilman Peters asked if the other lots are already served by an active main or will this require further improvements. Ballenger reminded Council the city stopped construction on the project before there was a water tank on the Eagle Pines property. Ballenger said the city can serve this area through the existing pump station making this a pressure system. The city should get an engineering evaluation to make sure the city can serve potable water and fire suppression through the pump station. Sunny Vann, representing the applicant, told Council from a previous agreement the city is under obligation to provide water service to the Eagle Pines subdivision. The lots are being marketed based on that understanding. This parcel, on which 3 affordable lots are located, is part of the original Eagle Pines property. The water service agreement with the city describes this parcel as part of that legal description. It also contains a reference to negotiating a water service agreement for the afford- able housing units if they are placed on this property. Vann told Council they understood adequate water is available for these 3 units. They cannot obtain final plat approval from the county unless they can demonstrate an adequate source of water. Caswall said the city has already agreed they can supply water to Eagle Pines right now. This will require the water be pumped. Extension of this line will not duly add to any problems to deliver water to this subdivision. Caswall said he added in the resolu tion that the exemption is contingent upon the developer of Eagle Pines subdivision entering into an acceptable water service agreement as determined by the city's water superintendent and city manager for the extension of the city's water service to the 3 affordable housing lots. The existing water service agreement has a reserva- 19 Regular Meeting Aspen City Council January 13, 1992 tion in it that said that when and if water needed to be delivered to affordable housing lots, a subsequent water service agreement would be entered into. This resolution gives staff authority to negotiate a water service agreement for this 200 foot extension. Councilman Reno moved to approve Resolution #5, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. SCHEDULE BOARD INTERVIEWS Mayor Bennett moved to table this to January 27, 1992; seconded by Councilman Peters. All in favor, with the exception of Councilwom- an Pendleton. Motion carried. Councilman Reno moved to go into executive session to discuss a personnel issue; seconded by Councilman Peters. All in favor, motion carried. Council went into executive session at 9:50 p.m. Council adjourned the executive session at 11:00 p.m. Kathryn S. Koch, City Clerk 20 Regular Meeting Aspen City Council January 13, 1992 COUNCIL MEETING 1 ................................ ................ PROCLAMATION - Armory Hall Centennial 1 .......................... CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT AGENDA 4 ................................ ................. LIQUOR LICENSE RENEWALS 4 ................................ ........ ORDINANCE #49, SERIES OF 1991 - Extending CCLC 4 ................. ORDINANCE #46, SERIES OF 1991 - Procurement Code 5 ............... ORDINANCE #51, SERIES OF 1991 - Prohibiting Moving Towed Vehicles 5 ................................ .................. ORDINANCE #52, SERIES OF 1991 - West Hopkins Affordable Housing Subdivision 6 ................................ ....... ORDINANCE #53, SERIES OF 1991 - Cascades Condominiumization 9 .... ORDINANCE #54, SERIES OF 1991 - Lower Ute Improvement Dis trict 9 . ORDINANCE #1, SERIES OF 1992 - 316 East Hopkins Landmark Designa tion 10 ................................ ............... ORDINANCE #2, SERIES OF 1992 - Emde Vested Rights 11 .............. RIO GRANDE PLACE PARKING 11 ................................ ....... WATER PLANT ENGINEERING CONTRACT 12 ............................... ORDINANCE #3, SERIES OF 1992 - Upper Ute Improvement Dis trict 13 .. ORDINANCE #4, SERIES OF 1992 - Vehicle Idling Provisions 14 ....... ORDINANCE #5, SERIES OF 1992 - Code amendment Temporary Uses 15 ... RESOLUTION #5, SERIES OF 1992 - Eagles Pines Water Line Moratorium Exemption 17 ................................ ...... SCHEDULE BOARD INTERVIEWS 18 ................................ ...... 21