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HomeMy WebLinkAboutminutes.council.19921123Regular Meeting Aspen City Council November 23, 1992 Mayor Bennett called the meeting to order at 5:20 p.m. with Councilmembers Peters, Richards and Pendleton present. CITIZEN COMMENTS 1. Tom Hines, director ACRA, requested funding for amendment #2. Mayor Bennett said this will be part of a discussion to be added to the agenda. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton moved to suspend the rules and add the information campaign regarding amendment #2 and Resolution #63, 1992, to the agenda; seconded by Councilwoman Richards. All in favor, motion carried. This item will be right after liquor licenses. 2. Councilwoman Richards moved to table VIII(c) Ordinance #69, 1992, 620 E. Hyman Condominiumization and IX(c) City/County Water Trust; seconded by Councilwoman Pendleton. All in favor, motion carried. 3. Councilwoman Pendleton said she would like to be Council's representative to the Mt. Sopris transportation planning group. Councilwoman Richards moved to appoint Councilwoman Pendleton to the Mt. Sopris transportation planning group with the Roaring Fork Valley forum; seconded by Councilman Peters. All in favor, motion carried. 4. Councilwoman Pendleton requested Council send a letter to Eagle County requesting them to participate in the funding of RFTA. Council agreed. 5. Councilwoman Richards commended the city manager's office and the police department for handling the bomb scare. The traffic was kept moving well and everything was taken care of efficiently. 6. Councilman Peters moved to add as item IX(i) a discussion of the Billings Devore Project; seconded by Councilwoman Pendleton. All in favor, motion carried. 7. Councilman Peters moved to appoint Mayor Bennett and Council- woman Richards to the Aspen Snowmass transportation committee; seconded by Councilwoman Pendleton. All in favor, motion carried. 8. Amy Margerum, city manager, reported that the city and county P & Zs have voted to approve the Aspen Area Comprehensive Plan. This will be passed on to Council and the BOCC for their endorse- 1 Regular Meeting Aspen City Council November 23, 1992 ment. Council scheduled joint meeting with the BOCC for December 2 and 8 at 5 p.m. 9. Amy Margerum, city manager, announced that December 1 from 10 a.m. to 6 p.m. there will be an open house for the community to discuss parking and transportation strategies being suggested by the implementation committee. Members of the Clean Air Board, planning commission and planning staff will be present. This will be a time for the community to talk to citizens leading the planning process. 10. Amy Margerum, city manager, told Council the Aspen Restaurant Association will hold a meeting December 10 at 2:30 in city hall to discussion provisions of the Aspen plan for PM 10 program. 11. Amy Margerum, city manager, s aid Council requested a report on RFTA's personnel budget and costs. Ms. Margerum told Council she has discussed this with RFTA and the county. There are minor differences between the city's costs. RFTA costs include workman's comp and insurance. CONSENT CALENDAR Councilman Peters moved to approve the consent calendar; seconded by Councilwoman Pendleton. The consent calendar is: A . Minutes - October 26, November 9, 1992 B . RFTA Resolution #5, 1992 - Adopting 1993 Budget C . RFTA Resolution #6, 1992 - Appropriating 1993 Budget D . Resolution # 1992 - Capital Reserves - Emergency Funds All in favor, motion carried. LIQUOR LICENSE AUTHORITY - New License Mama Maria's Chairman John Bennett opened the public hearing. City Clerk Kathryn Koch reported the posting, publication and file to be in order. Mike Sura, applicant, presented a petition with over 150 signatures. Sura told the Authority that 7 years ago there was a full liquor license at this location; he downgraded it to a beer and wine. Sura told the Authority the establishment will remain much the same. Bennett asked for opponents. There were none. Bennett closed the public hearing. Peters moved that based on the evidence presented at this meeting, the Authority finds that the needs of the neighborhood have not been met and the license is granted; seconded by Pendleton. All in favor, motion carried. 2 Regular Meeting Aspen City Council November 23, 1992 LIQUOR LICENSE AUTHORITY - Amendment to Issuance of License for Ritz Carlton Jed Caswall, city attorney, reminded Council when they granted the new liquor license to Savanah Ltd Partnership d/b/a Ritz Carlton, they conditioned it up the Ritz receiving final c/o. As a result the Ritz is having difficulties getting liquor supplies. The Ritz Carlton has requested they be allowed to take deliveries and to train their staff and also that they be allowed to have a private party December 2nd. Caswall said it is possible the portion of this hotel the Ritz seeks to use for December 2nd will be eligible for c/o. Caswall suggested Council allow them to serve alcohol at the reception in those portions of the hotel that will have obtained the c/o by December 2nd. Councilman Peters moved to repeal the conditions previously placed on the Ritz Carlton liquor license and vote for new conditions, thus the liquor license will be issued to allow for delivery, stock and training of personnel only; that it will be issued and utilized for the private party on December 2 for premises that have received a c/o until the hotel in general has a c/o for the entire hotel; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION #63, SERIES OF 1992 - Amendment #2 Mayor Bennett read Resolution #63, Series of 1992. Jed Caswall, city attorney, told Council he filed a lawsuit along with Boulder, Denver, and several individuals in Denver District Court on November 12. The named defendants are Governor Romer and the Attorney General, who have been served and have 20 days within which to file a response. The plan is to seek a preliminary injunction of enforcement of amendment 2, which is scheduled to go into effect January 4, 1993. Councilman Peters moved to adopt Resolution #63, Series of 1992; seconded by Councilwoman Pendleton. Councilman Peters said he feels this is an reaffirmation of a municipal ordinance that has been on the books for 15 years. Mayor Bennett said the city's opposition to amendment 2 is a matter of human rights. Targeting with one minority opens this up to discriminatory legislation towards other minorities. All in favor, motion carried. REQUEST FOR FUNDS - ACRA contribution to campaign Tom Hines, ACRA Director, told Council the community has found out there has been an organized effort to create boycotting and adverse 3 Regular Meeting Aspen City Council November 23, 1992 publicity for the community, directed towards the economics of the state of Colorado and specifically Aspen and Snowmass. Hines said the potential for damage to the community's economy is very real. A group of people were organized to help combat this boycott. Hines said it is apparent that Aspen has to get the message out to the world that it does not condone the passage of amendment #2. Aspen has stood on their record since 1977 of having no discrimina- tion allowed in this town. Hines told Council they have requested money from the county, SRA, Town of Snowmass Village and are requesting a contribution from Council of $5,000. Councilwoman Pendleton moved to approve $5,000 from the reserve fund to fund through ACRA an open letter for a message to the world; seconded by Councilman Peters. Councilwoman Richards said this probably the beginning of a number of efforts. Councilwoman Richards commended the group for working to pull this together. Councilman Peters said the city would have disapproved amendment #2 and mounted a legal challenge notwith- stand ing the threats of boycott. All in favor, motion carried. Councilwoman Pendleton agreed this is a chance for a partnership and for everyone opposed to amendment #2 to fund this campaign. Councilwoman Pendleton gave Hines a check to go towards this campaign. CEMETERY LANE UTILITY UNDERGROUND DISTRICT John Worcester, assistant city attorney, reminded Council on October 13, they adopted Resolution #48, with the intention to create a district and to schedule a public hearing. A notice was published, notice was mailed to all property owners. Staff also sent a post card survey to all property owners in the proposed district. Worcester pointed out the purpose of the public hearing is to allow Council to hear all objections to the formation of the district. If owners constituting a majority of the assessable value of the properties in the district are opposed to formation of the district, Council is obligated to abandon the district. Worcester told Council bonds are critical to this district and pursuant to the passage of amendment #1, a city-wide election will have to be held before bonds can be issued. City Clerk Kathryn Koch entered letters from Helen Latta, Daniel Gould & Katherine Reppa, Dona Stuart, Holland House, Valerie Edgington, Jeffrey Lizotte and Margo Gubser into the record. Chuck Roth, city engineer, introduced representatives from Holy 4 Regular Meeting Aspen City Council November 23, 1992 Cross, U. S. West, and Telecommunications Inc. Roth reminded Council in 1976, the city undergrounded the commercial core. In 1985, Council issued bonds to do complete undergrounding of the city electric distribution system. During that project, Holy Cross did under ground with the city in the west end. In 1988, Council passed a resolution requesting Holy Cross continue to underground facilities within the city limits. In 1989, Holy Cross offered to proceed with undergrounding if the city would form an improvement district to bury the secondary. Holy Cross has offered to do about $1,000,000 work which does not include the east ends of town. This project is primarily Cemetery Lane area and some in the Waters avenue area. Roth told Council this project has been worked on for almost 4 years. There have been 2 mailings to property owners and 2 hearings in front of city managers. Roth said property owners have been in favor of the district but concerned about the costs. Last year 67 percent returning a mail survey indicated they were in favor. In June Council authorized final engineering which showed even lower costs. The utility companies have said they will spend $1.5 million on the project, which lowers the costs even more. The property owners will spend about $500,000. The inclusion of any city properties will be paid from the electric fund. Roth told Council he has received back 56% of the post cards; 66% are in favor; 33% opposed and 1 percent undecided. Ron Thompson, Schmeuser Gordon Meyer, told Council he has been asked why the costs have gone down in the past few years. Thompson said the first cost estimate was assumed to use copper wire, undergroun ding cable, and upgrade services to 200 amps. Thompson told Council because of the complaints about these costs, the service will not be upgraded to 200 amps, meter bases will not be changed. TCI and US West have agreed to supply secondary cable to the houses. This has lowered the costs. Thompson said the city has postponed the requirement for property owners to decide whether to do their own secondary work until the spring. Roth recommended Council direct staff to prepare an ordinance to go ahead with this district. Margo Gubser said the city committed to underground utility lines within the city in the spring of 1988. Ms. Gubser said under- grounding this area is a desirable continuation of a process begun years ago. Ms. Gubser said this will improve aesthetics and the quality of service. Ms. Gubser pointed out there is a study which shows that overhead high intensity lines cause a 4 times greater risk of leukemia in children. Fred Peirce stated he is not against the district in concept but 5 Regular Meeting Aspen City Council November 23, 1992 against the way the district is delineated. Peirce told Council there are 7 lots with between 7 and 14 units in the west Aspen subdivision that front on Cemetery Lane and are not serviced by the power lines or telephone. These 7 lots are serviced by a primary under Bonita Drive. These 7 lots are included in the district and would share in the cost of burying the lines of $600 to $700 per unit. Peirce said these lots are already connected to utilities. Peirce suggested these 7 lots be deleted from the district or lots on Sierra Vista and Alta Vista that are in the same position be included in the district. Roth said he does not agree with Peirce's interpretation as all the rest of the houses in this subdivision back up to Cemetery Lane and have no benefit in the district. The 7 houses that are on Cemetery Lane have a benefit that wires and poles in front of their houses will be removed. Peirce said the orientation of the views are away from Cemetery Lane and the poles are not in the front yard. Mayor Bennett opened the public hearing. Dan Gold, Mountain View Drive, said he voted against the project even though Cemetery Lane looks atrocious. Gold said there are no wires in front of his house and this will not appreciate his property value. Gold questioned paying more when this will benefit him less. Roth pointed out there are no alleys in this area. Gold asked if this could be done from the alleys rather than the street. Roth said it could be done that way but staff felt people would not want alleys added to their property. Tam Scott, representing Margaret Day, 1035 East Durant, told Council she is opposed to the project. The wires are invisible and this would not benefit her property at all. Marvin Jordan, Red Butte Drive, complimented the city on lowering the costs. Jordan said he voted no on the project pending resolution of several questions. On Red Butte drive the telephone and cable TV are already under grounded. Jordan said the lines and wires are hidden by the cottonwood and spruce trees. Jordan asked if Red Butte subdivision could opt out if they chose to. Jordan asked if the citizens have paid for all the undergrounding done in the city. Roth said the commercial core was paid for by the electric department; in 1985 the city and Holy Cross paid to underground the primary. A district was formed with the property owners to put in the secondaries. Jordan said in this district the property owners will be paying for some of the primary. Roth agreed and said in the last project some of the fees were paid for by the city of Aspen electric department. Nancy Bryant, property owner Waters Avenue, said although this may not affect some properties personally, it will affect the whole 6 Regular Meeting Aspen City Council November 23, 1992 town and the whole area. Adrian Van T'off said the price for secondaries is way too high and people should put their own secondary in. Budge Bingham, Snowbunny Lane, asked if there is an engineering problem with burying the lines where they are now rather than digging up the streets. Roth said staff did not feel the residents would want an alley opened up in their back yard. Bingham said they are against this. Eve Homeyer, homeowner and major advocate of undergrounding the commercial core, stated she is in favor of undergrounding Cemetery Lane. Ms. Homeyer said she hopes the overhead lines come down and she is willing to pay for this. Drew Dolan stated he favors the lines being undergrounded. Marv Burton, property owner Cemetery Lane, said the utility companies may not have the funds available to help with the undergrounding project if it is delayed any longer. Kiefer Mendenhall, Red Butte Drive, stated he is very much in favor of this. Mendenhall said property owners may not have noticed how much the cost decreased in the latest mailing. Owners did not realize they could put in their own secondary or could finance this over time. Mendenhall read into the record a letter from Brian Hazen supporting the formation of this district for the reasons that it will increase property values and will make this a special neighborhood. Henry Goldsmith told Council he favors this district and has spoken to 3 neighbors who are also for it. Marty Keller, Red Butte Drive, said they are opposed to paying for undergrounding someone else's property. Keller said the lines and poles do not bother his property at all. Keller said they are in favor of only paying to under ground their secondary line. Doug Allen, property owner, said he strongly favors this. The project has gone on for a long time; the cost has been pared to the bone. It is time to improve the safety and the scenic quality of the neighborhood. Lee Robinson, Pitkin Mesa, supports the district. Robinson reminded Council their area has been approved by undergrounding and would like to coordinate the 2 districts so the roads do not have to be dug up twice. Holy Cross representative said they will coordinate with the two districts as much as possible. Roth pointed out the Pitkin Mesa district is moving faster than this district. Roth said staff will try to accommodate both districts as much as possible. Mayor Bennett noted that the Cemetery Lane district will have to go to an city-wide election in May before it can be funded. Karen Setterfield, speaking for David Muckinhirn and Paul Lutz, said they are in favor of undergrounding. They have paid for 7 Regular Meeting Aspen City Council November 23, 1992 under grounding when this property was constructed. The overhead lines in the area are not aesthetic and probably not healthy. Ms. Setterfield said undergrounding will also have an effect on property values in the whole area. Barry Lefkowitz, Water Avenue, said the power lines go through the trees on his property. Peggy Harris stated she is wholeheartedly in favor of this project. Kate Tveite asked how the condominiums will be assessed. Worcester said this will be decided at the assessment hearing, not this hearing. US West representative said if this project is not underway by June or July, the money will be given to some other project. Andre Schweppler, Cemetery Lane, stated they are in favor of this district. Bob, corner of Cemetery Lane and Sierra Vista, said they have already undergrounded the utilities and are being assessed the same as people who have not. Bob said he will see no improvements. Tom Hines asked what paying for this election will add to the cost of this district. Mayor Bennett said this will be combined with the city-wide election and just the mailing about the indebtedness will have to be paid for by the district. Steve Hauck, manager of 940 Waters Avenue, told Council his owners, mostly non-resident, are in support of the project and he has given Margo 18 letters to this effect. Dave Amory, Mountain View Drive, said there are 14 transformers between Cemetery Lane intersection and Mountain View driver with a spider web of confusion of various lines and a total detriment to the community. Amory said he is 100 percent in favor of this project. Fay Detweiler agreed with Fred Peirce and objects to paying for this district twice. Gary Grossman, Cemetery Lane, said he is concerned about electro- magnetic fields radiation from the power lines and asked why kind of increased magnetic fields there would be from underground power lines. Craig, Holy Cross, said there is a lot of research with EMF and no one has the answers yet. Craig said the line up Cemetery Lane is part of their primary loop system; however, just by being under ground the capacity of the line will not increase any. Margo Gubser told Council she went door to door with a petition in support of the district, and there are 104 properties represented with 115 signatures. This constitutes almost half of the 232 homeowners. Gubser entered the petition into the record. Mayor Bennett closed the public hearing. Councilman Peters said issues of equity and fairness in terms of allocation of costs has been raised. Councilman Peters said since 8 Regular Meeting Aspen City Council November 23, 1992 the last time Council has seen this, U. S. West is contributing $420,000 as opposed to nothing. Councilman Peters said the neighborhood has worked together and the results of the survey show that. This is generally an increase of service for everyone; an increase in aesthetics, an improvement in maintenance. Council- wom an Richards said she supports moving forward with the district. The neighborhood has worked on building consensus. Councilwoman Richards pointed out it will be important for the property owners to work on the passage of this on the ballot issue as the entire city will have to vote on this. Councilwoman Pendleton said there are pros and cons. One of the cons is the equity or fairness which she hopes can be worked out in the assessment hearings. Mayor Bennett said this is part of a city-wide effort which started many years ago. This district started over 4 years ago; the cost of the district has been reduced. Mayor Bennett said he supports the formation of the district. Councilman Peters moved to direct the attorney's office draft an ordinance to incorporate these findings; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #18, SERIES OF 1991 - Smuggler Institutional Controls Councilman Peters moved to adopt Ordinance #18, Series of 1991, on second reading; seconded by Councilwoman Pendleton. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Roll call vote; Councilmembers Richards, no; Peters, no; Pendleton, no; Mayor Bennett, no. Motion NOT carried. ORDINANCE #73, SERIES OF 1992 - Ratifying Aspen Mountain Lodge Section M Amendment Jed Caswall, city attorney, told Council this outlines the decision made at the October 26th Council meeting. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #73, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Peters, yes, Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #74, SERIES OF 1992 - Amending Clean Air Ordinances 9 Regular Meeting Aspen City Council November 23, 1992 Councilwoman Pendleton moved to read Ordinance #74, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. 10 Regular Meeting Aspen City Council November 23, 1992 ORDINANCE #74 (Series of 1992) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING AND RE-ENACTING ARTICLE II OF CHAPTER 11 OF THE ASPEN MUNICIPAL CODE ENTITLED "AIR QUALITY"; TO RESTATE THE CITY COUNCIL'S DECLARATION OF POLICY; SIMPLIFY AND CONSOLIDATE PROVISIONS REGULATING THE USE OF SOLID FUEL BURNING DEVICES AND RESTAURANT GRILLS; AND TO CODIFY ORDINANCE NO. 59, AS AMENDED, WHICH ESTABLISHED THE CLEAN AIR ADVISORY BOARD was read by the city clerk Barbara Umbreit, environmental health department, told Council on January 21, 1993, the woodburning and restaurant grill ordinances will become state law in conjunction with Aspen's PM 10 plan. Staff felt the ordinances should be cleaned up before they become state law. Ms. Umbreit pointed out the variance procedure is being taken out of the ordinance. The Clean Air Board is looking at this procedure, hoping to streamline it. This will be re-introduced after the Clean Air Board reviews it. Councilman Peters moved to adopt Ordinance #74, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #75, SERIES OF 1992 - Creating Daycare Fund Councilwoman Pendleton moved to read Ordinance #75, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #75 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO. 81 (SERIES OF 1989) IMPOSING A .45% MUNICIPAL SALES TAX WITHIN THE CITY FOR AFFORDABLE HOUSING AND DAY CARE SO AS TO ESTABLISH NEW SEPARATE AFFORDABLE HOUSING AND CHILD CARE FUNDS FOR REVENUES DERIVED FROM THE .45% SALES TAX was read by the city clerk Councilman Peters suggested the percentage language be eliminated and substituted with language that Council will from time to time, as it deems appropriate, budget funds for these separately. Setting a percentage takes flexibility out. Councilwoman Pendleton said she thought the percentage of money was to be put in the trust fund every year and left there. 11 Regular Meeting Aspen City Council November 23, 1992 Jed Caswall, city attorney, said currently there is one fund called the housing/day care fund. There is no break down as to how much money goes to each. Caswall said he thought Council wanted to guarantee the housing fund a minimum amount every year and that amount could not change without an amendment to an ordinance. This would establish two different funds; this ordinance would specify what percentage every year should go into each fund. Caswall said if Council's intent is to put aside money in a trust and only spend the interest, this ordinance is not needed. Councilman Peters agreed the only minimum he is talking about is a minimum contribu- tion to a trust fund. Councilwoman Richards moved to adopt Ordinance #75, Series of 1992, on first reading. Motion DIES for lack of a second. ORDINANCE #76, SERIES OF 1992 - Electric Rates Councilwoman Richards moved to read Ordinance #76, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #76 (Series of 1992) AN ORDINANCE AMENDMENT SECTION 23-181(A) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO INCREASE AND CODIFY RETAIL ELECTRICAL SERVICE RATES AND TO REPEAL SECTION 2 OF ORDINANCE NO. 42, SERIES OF 1984, RELATING TO PROCEDURES FOR SETTING RETAIL ELECTRIC RATES was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #76, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #77, SERIES OF 1992 - Fee Increases Councilwoman Pendleton moved to read Ordinance #77, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #77 (Series of 1992) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTION 8 1/2-1.1, 8 1/2-6(A), 8-1/2- 6.1(B), 8 1/2-9.1, 5-28(A), 5-31, 5-68(C), 19-5(A), 22- 12(C)(5), 24-1-106, 24-1-107, 24-1-108, 24-5-603, 2-33, 2-34 AND 2-36 AND ADDING SECTION 2-38 TO INCREASE THE 12 Regular Meeting Aspen City Council November 23, 1992 FEES CHARGED FOR ISSUING ANNUAL EMERGENCY ALARM USER PERMITS, RESPONDING TO FALSE ALARMS, ISSUING AND TRANS- FERRING ANNUAL DOG LICENSING FEES, PENALTY ASSESSMENTS FOR ALLOWING DOGS TO RUN AT LARGE, ENCROACHMENT LICENSE FEES, PARKING PERMIT FEES, LAND USE APPLICATION FEES, HISTORIC PRESERVATION APPLICATION FEES, PARK DEVELOPMENT IMPACT FEES, ANNUAL SKI RACK STORAGE PERMIT FEES, ZONING DEPARTMENT PROCESSING AND ENFORCEMENT FEES, LEISURE AND RECREATIONAL SERVICES USERS FEES; AND TO ESTABLISH LAW ENFORCEMENT RECORD FEES was read by the city clerk John Worcester, assistant city attorney, said these fees were all increased 3.5 percent except for dogs running at large, which was increased $5. The golf fees were discussed during the budget hearing; the green fees increased from $35 to $48, 20-punch pass from $165 to $195 and the season pass from $425 to $495. Worcester said he is attempting to put all the city fees in one section of the code. Councilwoman Richards pointed out the full day fee for summer camp has increased from $8 to $12 daily. Tim Anderson, recreation director, said the fee has been increased to cover the longer period of time requested. Parents had concerns about the length of time as well as the ratio of counsellors to children. Anderson said he tried to address these issues by increasing the fees. Anderson said the day care program has become licensed and the state has a program where parents can receive hep up to $16.90 a day in financial assistance. Councilwoman Richards said the fee increase seems very substantial. Councilwoman Richards said the city should consider subsidizing this program at some level. Council requested Anderson look at this and report back at second reading. Councilwoman Pendleton moved to adopt Ordinance #77, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Mayor Bennett, yes; Richards, yes; Pendleton, yes. Motion carried. ORDINANCE #78, SERIES OF 1992 - 320 West Main Condominiumization Kim Johnson, planning office, told Council this is a request to condominiumize the Smith Elisha building. Ms. Johnson said this application is being handled under the current ordinances regarding condominiumization and mitigation requirements. The state has adopted language that may affect the city's requirements. The staff is putting together a packet for Council's review in December. Councilwoman Richards moved to adopt Ordinance #78, Series of 1992, 13 Regular Meeting Aspen City Council November 23, 1992 on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #79, SERIES OF 1992 - Landmark Designation 311 W. North Street Councilwoman Pendleton moved to read Ordinance #79, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #79 (Series of 1992) AN ORDINANCE DESIGNATION 311 WEST NORTH STREET AS "H" HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-701 OF CHAPTER 24 OF THE MUNICIPAL CODE was read by the city clerk Roxanne Eflin, planning office, told Council this meets 2 of the 6 designation standards. The applicant is seeking designation in order to apply to have a duplex unit on a smaller parcel. P & Z and HPC reviewed this and recommend landmark designation. This was designed by Herbert Bayer and considered to be one of his best residential examples. Councilwoman Pendleton moved to adopt Ordinance #79, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Mayor Bennett, yes; Peters, yes; Pendleton, yes; Richards, yes. Motion carried. ORDINANCE #80, SERIES OF 1992 - Appropriations Councilwoman Pendleton moved to read Ordinance #80, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #80 (Series of 1992) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $161,731; APPROPRIATING GENERAL FUND EXPENDITURES OF $28,659; APPROPRIATING PARKS AND OPEN SPACE FUND EXPENDI TURES OF $783,000; TRANSFERRING $3,000 FROM THE PARKS AND OPEN SPACE FUND TO THE GENERAL FUND; TRANSFERRING $2,000 FROM THE TRANSPORTATION/MALL FUND TO THE GENERAL FUND; TRANSFERRING $3,000 FROM THE WHEELER FUND TO THE GENERAL FUND; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $10,000; TRANSFERRING $151,000 FROM THE ASSET REPLACE MENT FUND TO THE GENERAL FUND; TRANSFERRING $1,000 FROM THE PARKING IMPROVEMENT 14 Regular Meeting Aspen City Council November 23, 1992 FUND TO THE GENERAL FUND; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $10,100; TRANSFERRING $2,000 FROM THE HOUSING/DAYCARE FUND TO THE GENERAL FUND; RECOGNIZING 1992 IMPROVEMENT DISTRICTS FUND REVENUES OF $93,664; APPROPRIATING 1992 IMPROVEMENT DISTRICTS EXPENDITURES OF $93,664; TRANSFER RING $7,000 FROM THE WATER FUND TO THE GENERAL FUND; REDUCING PREVIOUSLY APPROVED REVENUES IN THE ELECTRIC FUND OF $56,100; TRANSFERRING $10,000 FROM THE ELECTRIC FUND TO THE GENERAL FUND; TRANSFERRING $2,000 FROM THE GOLF FUND TO THE GENERAL FUND; REDUCING PREVIOUSLY APPROVED CITY/COUNTY WATER TRUST FUND REVENUES OF $36,000; APPROPRIATING CITY/COUNTY WATER TRUST FUND EXPENDITURES OF $124,000 was read by the city clerk Dallas Everhart, finance director, told Council this is the final appropriation ordinance for the year. Staff anticipates it will be amended before second reading. Councilman Peters said two items should be added to this ordinance; a $5,000 contribution to ACRA, and $6,000 from the housing daycare fund for travel and legal costs regarding Castleridge. Councilwoman Pendleton moved to adopt Ordinance #80, Series of 1992, on first reading with this to be amended as above on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. BILLINGS/DEVORE HOUSING PROJECT Councilman Peters told Council the Sister City housing project looks like it will move forward in the spring. The Japanese are funding $600,000 as a no-interest loan and have requested that the city guarantee the return of their money. Councilman Peters said with the Bruce amendment, the city cannot put the full faith and credit of the city behind that. An alternative would be collateral and one way to do that is reduce the note outstanding. If the city pays down the note $200,000 there would be adequate collateral in the land to satisfy the investors. Jed Caswall, city attorney, pointed out that the property is already pledged. The city co-signed with sister cities to pay the note off. The original proposal was the city would assume the obligation, assume the note of $800,000. The city put down $450,000 at closing; the Japanese contributed $50,000. The Japanese were to pay $750,000 by May 1992 and eliminate the note. this has not been done. In order to guarantee the city, the city has a second mortgage against the property, which is senior to the secured $50,000 note. The city is making $5,000 payments on the 15 Regular Meeting Aspen City Council November 23, 1992 note. Councilman Peters said one approach would be to split the develop- ment and sell of the free market side. Paying down the note would allow this. Council requested Councilman Peters work with staff and bring a report back on the next agenda. Councilman Peters moved to adjourn at 8:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 16 Regular Meeting Aspen City Council November 23, 1992 CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... LIQUOR LICENSE AUTHORITY - New License Mama Maria's 2 ............ LIQUOR LICENSE AUTHORITY - Amendment to Issuance of License for Ritz Carlton 3 ................................ .......... RESOLUTION #63, SERIES OF 1992 - Amendment #2 3 .................. REQUEST FOR FUNDS - ACRA contribution to campaign 3 .............. CEMETERY LANE UTILITY UNDERGROUND DISTRICT 4 ..................... ORDINANCE #18, SERIES OF 1991 - Smuggler Institutional Controls 9 ................................ .................. ORDINANCE #73, SERIES OF 1992 - Ratifying Aspen Mountain Lodge Section M Amendment 9 ................................ ....... ORDINANCE #74, SERIES OF 1992 - Amending Clean Air Ordinanc es 9 .. ORDINANCE #75, SERIES OF 1992 - Creating Daycare Fund 10 .......... ORDINANCE #76, SERIES OF 1992 - Electric Rates 11 ................. ORDINANCE #77, SERIES OF 1992 - Fee Increases 11 .................. ORDINANCE #78, SERIES OF 1992 - 320 West Main Condominiumiza- tion 12 ................................ ...................... ORDINANCE #79, SERIES OF 1992 - Landmark Designation 311 W. North Street 13 ................................ .............. ORDINANCE #80, SERIES OF 1992 - Appropriations 13 ................. BILLINGS/DEVORE HOUSING PROJECT 14 ................................ 17