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HomeMy WebLinkAboutminutes.council.19920127Regular Meeting Aspen City Council January 27, 1992 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Richards, Reno, Pendleton and Peters present. OUTSTANDING EMPLOYEE BONUS AWARDS Amy Margerum, city manager, announced Cindy Houben and Roxanne Eflin both of the planning office, are receiving the outstanding employee bonus awards for the fourth quarter. These employees responded to financial constraints in the city of reduced training budgets by coming up with an innovative program, which also increases the communication between departments and in the community. Ms. Houben and Ms. Eflin utilized local resources and scheduled training session with staff. Mayor Bennett and Council presented Ms. Houben and Eflin with a plaque and check. CITIZEN PARTICIPATION 1. Raymond Auger told Council he is on the long range planning energy conservation committee in the city. The city has a dust problem and an EPA requirement to lower the particulates in the air. Auger said the amount of dust in the atmosphere is 90 percent a result of vehicles disturbing the dirt on the streets, which is a result of the sanding operation. The dust is proportional according to vehicle's speed. Auger suggested a variable speed limit on Main with signs that change the speed limit according to the dust amount. The system would operate only when needed, principally in the spring and the warm months in winter. Auger said this system would have to be approved by the state department of transportation. Auger said the costs of the system could be paid for by the speeding tickets. Mayor Bennett suggested Auger talk to the Clean Air Board about this suggestion. 2. Bill Dinsmoor, representing the Colorad o Restaurant Associa- tion, requested Council table Ordinance #6, 1992, liquor occupation taxes, until after the work session February 3rd. Councilwoman Pendleton moved to table Ordinance #6, Series of 1992, to February 10, 1992; seconded by Councilman Reno. All in favor, motion carried. 3. Steven Goldenberg said last spring the city spent $250,000 on aerial mapping of the city. Goldenberg said he has heard this is only part of the expense and he would like to know the total cost and the benefits to the city. Jim Considine, data processing director, said the city committed approximately $300,000 for GIS (geographic information systems). The aerial mapping costs $60,000; $250,000 is all the money the city will every spend. The staff estimates a pay back in 4.5 to 5 years. 1 Regular Meeting Aspen City Council January 27, 1992 4. Phoebe Ryerson said there is a generation gap and the Council is not listening to people in the community who want to get involved, people who have experience elsewhere. Ms. Ryerson said only 15 percent of the county area is taxable. The city is not really making effort for low cost housing and not watching out for the future of Aspen and the young people who live here. Mayor Bennett said the Council is aware and concerned; affordable housing is the biggest issue in Aspen. The community has spent $14 million on this issue. COUNCILMEMBER COMMENTS 1. Mayor Bennett said there is a trip to Washington D.C. scheduled for February to meet with the EPA. Conversations are still going on about who the committee will meet with. Councilman Peters said it sound like the city is making progress with the EPA. 2. Councilwoman Richards said there is an on-going Burnt Mountain process. Diane Moore, planning director, is representing the city but there should also be a Council representative. Councilman Peters moved to designate Rachel Richards as representa- tive in the EIS process; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Richards told Council the meetings scheduled are February 4 - transportation; February 5 - socio-economics; February 6 - wildlife. 3. Councilwoman Pendleton asked about the Moore pool information item. Amy Margerum, city manager, told Council the information item states the city is going ahead with the application to the county to allow the pool cover to stay up all year. If that is not what Council wants, this should be made an action item. Council- woman Pendleton said that is the action she wants. 4. Councilwoman Pendleton said the ride rship on the Galena street shuttle was 758 in December and 1510 in January. The ridership is highest early in the morning and late in the afternoon and most trips are from the garage to the gondola. Councilwoman Pendleton said there will be racks put inside the shuttle for maps and information. Councilwoman Pendleton reported the city has spent $1490 out of a budget of $1500. About 10,000 more brochures need to be made to last the season. Councilwoman Pendleton requested $450 from contingency. Councilwoman Pendleton said the city and RFTA need to decide what they want to do this summer; this could be a park and shop. Councilwoman Pendleton said there will be a survey of people riding 2 Regular Meeting Aspen City Council January 27, 1992 the shuttle. Councilman Reno suggested working with the business community, who has not taken hold of this for their employees. Mayor Bennett said this is all tied to what the city has been hearing from the transportation committee. 5. Councilwoman Pendleton said the Aspen Community Partnership would like to get the Council involved in some of their programs. February 13 the family task force is meeting from 8 to 10 a.m.; the community norms task force from noon to 1:30. There is a program called Sex, Drugs and Rock 'n' Roll at the high school February 18th. 6. Coun cilman Reno said this is the second year people have organized a non-alcoholic New Year's event at the Red Roof, which was authorized by the housing authority. Last year this group was not charged. This year after all the notices were put out, the housing authority informed them the charge was $200. Councilman Reno said the community should be encouraging events like this. Councilwoman Richards said she would like to see the housing authority's guidelines for use of the facilities at the Red Roof. Councilwoman Pendleton said $200 sounds like a minimal rent for anything. The housing authority has to have the area cleaned up. Councilwom an Richards said she would rather make a $200 contribu- tion to this group. Councilman Peters agreed $200 is not a lot of money for any space. Councilman Peters pointed out the Council put the housing authority's budget under a microscope. Councilman Peters said he would consider paying this out of the contingency. 7. Councilman Reno said it was suggested to him that l ocal cars with outstanding parking tickets be allowed to purchase a parking pass to the garage and forgive the ticket. John Goodwin, police chief, said staff will look into this and report back. 8. Amy Margerum, city manager, told Council there is a meet ing with the school board scheduled February 5 at 5 p.m. to discuss the Red Brick school offer. 9. Amy Margerum, city manager, told Council Bob Mosten, Colorado Department of Transportation, asked for another 15 days to make a determination about weight limits on the Maroon Creek bridge. 10. Amy Margerum, city manager, said staff would like to schedule a meeting with Council in late February to go over the draft Aspen- Snowmass transportation plan. 11. Amy Margerum, city manager, reminded Council Bill Mar tin has complained about the lack of consistency in signage throughout the valley. This will be followed up by the Roaring Fork Forum. 3 Regular Meeting Aspen City Council January 27, 1992 12. Amy Margerum, city manager, said there will be a meeting on the highway 82 design in the city limits February 12th. 13. Amy Margerum, city manager, said the housing authority would like to talk to Council about their guidelines at a lunch meeting. Councilwoman Richards said she would rather have a public work session on the guidelines. Councilman Peters agreed that is contrary to the lunch meeting theory of no formal agenda. 14. Amy Margerum, city manager, asked Council if they were comfortable that the lower Ute Improvement district is going to have curb and gutters. Council agreed. Mayor Bennett asked about street sanding. Jack Reid, streets superintendent, told Council said his department has put down very little sand. They are applying a liquid de-icer when the snow is starting to fall. There has not been a PM 10 spike this season to date. CONSENT CALENDAR Councilman Peters moved to approve the consent calendar; seconded by Councilman Reno. The consent calendar is: A . Minutes - December 16, 1991 B . Encroachment Re quest - Guido's Awnings C . Encroachment Request - Main Street Bakery D . Health Insurance Contract Renewal All in favor, motion carried. SPECIAL EVENT PERMITS Councilman Reno moved to approve the special event permit for the Aspen Art Museum; seconded by Councilman Peters. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilwoman Pendleton moved to approve the liquor license renewal for the Aspen Club; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #46, SERIES OF 1991 - Procurement Code John Worcester, assistant city attorney, told Council he has rewritten the code to allow discretion and flexibility on the part of the city manager or procurement officer for performance bonds. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 4 Regular Meeting Aspen City Council January 27, 1992 Councilwoman Richards requested this ordinance be disseminated to the press, ACRA, local contractors, etc. Councilman Reno moved to adopt Ordinance #46, Series of 1991, on second reading as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Reno, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #3, SERIES OF 1992 - Upper Ute Improvement District Chuck Roth, city engineer, reminded Council this district is from the curve on Ute Avenue to the Benedict building. This district has been formed at the request of the property owners in the area. The city has no financial participation. The Blue Ribbon Panel did not recommend using any city money in this area. The total cost of this district is $198,000; $121,000 construction, $55,000 engineer ing, $9,000 legal, $7,000 geotechnical and $6,000 bond costs. Staff recommends approval of this ordinance. John Worcester, assistant city attorney, said there are 4 major participants; he has heard favorably from 3 of them. Mayor Bennett opened the public hearing. Jim Martin told Council the Hoag assessment is less than previously contemplated and they are not aware of any objection from that subdivision. Mayor Bennett closed the public hearing. Councilwoman Richards asked when the trail is moved closer to the cemetery if there is budget for landscaping. Bob Daniels, engineer, told Council they will build a natural retaining wall by the cemetery. This trail will not encroach on the cemetery. Councilman Peters moved to adopt Ordinance #3, Series of 1992, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #7, SERIES OF 1992 - Temporary Use Permit - Red Brick School Fall-line Productions Councilwoman Pendleton moved to read Ordinance #7, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #7 (Series of 1992) 5 Regular Meeting Aspen City Council January 27, 1992 AN ORDINANCE OF THE ASPEN CITY COUNCIL G RANTING A TEMPORARY USE PERMIT FOR FALL-LINE PRODUCTIONS FOR THE RED BRICK SCHOOL BUILDING, 100 EAST HALLAM, LOTS A-I,& K-S, BLOCK 64 AND LOTS A-C,& E-G, BLOCK 71, CITY AND TOWNSITE OF ASPEN was read by the city clerk Leslie Lamont, planning office, told Council this is a request for temporary use of the red brick school for production offices, set construction and some filming from February 10 to June 15. The underlying zoning of this parcel is medium residential R-6. The hours of operation would be 8 a.m. to 8 p.m.; however, they require 24 hour access to the building. Initially 15 people will be using the site; however, during peak periods there will be 50 to 60 people with up to 50 vehicles. Vehicular access will be from the north side and all production vehicles must park behind the school. Ms. Lamont said staff has requested definition of what production vehicles mean and how many there will be. Mayor Bennett asked if "production" is meant to be all-inclusive. Ms. Lamont said this is not clear in the application and is one item staff is asking for clarification. Mayor Bennett suggested this read "all vehicles". The application shows 50 vehicles behind the school; Ms. Lamont said she feels there is only room for 25 spaces behind the school. Ms. Lamont told Council staff is asking for clarification on the parking plan, the use of shuttles. Ms. Lamont said she would like comments on hours of occupancy in the building and limiting activities. Council should also consider financial security, which is allowed by the temporary use ordi- nance. Ms. Lamont said she would like an accurate parking plan, the indication of number of vehicles, what is meant by production vehicles necessary for filming at the school, and a better clarification of why they need to park for 50 vehicles. Mayor Bennett suggested that Fall-line continue to meet with the neighbors and answer all questions to avert having a "yes or no" public hearing in two weeks. Councilwoman Richards said she wants a flushed out parking plan, wants to know the hours of operation of the shuttle plan, which limousine company, at which hour would black outs at the school be appropriate. Councilwoman Pendleton requested the film company be very honest in what they need to get the job done. Lew Wells, Fall Line Productions, said because they will need a lot of things from the city, it would not behoove them not to be honest up front. There will be special event permits to use the streets. Councilwoman Richards said she wants the vehicles identified that have a specific purpose; the other vehicles can be parked in the parking garage, which is only two blocks away. Wells told Council 6 Regular Meeting Aspen City Council January 27, 1992 it is impossible for them to give a specific schedule to the building; need for access is continual throughout the day. Wells said trucks will only be parked behind the building for long periods of time when they are filming in the building. This is a maximum of 6 days during the 48 days of the permit. Wells said they would need to start the trucks before 8 a.m. when they trucks have been sitting and they need to warm up the generators. Wells said they would not run the onboard diesel engine of the trucks more than 5 minutes before the 8 a.m. time limit. Councilman Peters said if the parking is confined to the back of the school then the Garmisch street access will work. Councilman Peters agreed superfluous vehicles should be eliminated. Council- man Peters said Fall-line productions will have to comply with any noise ordinances in the city. Councilman Peters said it would be wise for the school district to require a bond to cover any damage to the building. Councilman Peters said one reason this has gotten this far is to preserve the building for the future. One public purpose of this is to allow a test case of this building for this neighborhood as well as allowing the school district some relief from the high cost of maintenance. Councilman Peters said he would like this use to leave the neighbors in favor of subsequent uses of this building. Gideon Kaufman, representing the applicant, told Council they have a lease with the school board which provides for damages. Councilman Peters said what will help subsequent users of the building is that it is left in the shape it is found. Wells said his insurance company will be obligated to pay any damages to the school. Councilman Peters said he would like a letter outlining how the school district is protected against damages. Mayor Bennett said he would like as much specificity before the next meeting about the vehicles, some assurance where the semi-truck trailers will be located, how this will effect the parking north of the school. Wells told Council if the trucks are parked in back of the building, neighbors across the street will not hear the small on- board generators. They will hear some residual noise from the larger generators. Councilwoman Richards asked if there is noise screening available. Wells said they could take measures to further muffle the large lighting generators. Mayor Bennett asked if it is possible to rig a temporary power panel, a drop right off the pole with their own lines. Wells said they have done this before. Mayor Bennett said he would like the contract to read that Fall-line agrees not to create any disturbance or nuisance to the neighbor hood and that the city is relying on this representation to come to this agreement. Jed Caswall, city attorney, said the Council could also condition compliance upon posting of adequate 7 Regular Meeting Aspen City Council January 27, 1992 security to adhere to the agreement. Mayor Bennett said Council is going out on a limb with this neighborhood in representing that Fall-line will help the school, do something good for the community and bring money into the town. Kaufman said talking about "nuisance or disturbance" is subjective, and can be outside what the applicants think they are represent ing. Councilman Reno agreed with specificity; however, the bond does not benefit the city if the neighbors are upset. Mayor Bennett said a bond may raise the consciousness of those in the production to be more careful. Mayor Bennett said he is trying to add comfort to the neighbors. Councilman Reno said as long as the city is specific in what they want addressed, there should be a level of trust. Councilman Peters said there may be a problem in pre-calculating the penalty for a nuisance. Councilman Peters said there is recourse to pull the temporary permit, which should be enough of an impetus without adding financial security. Councilman Peters said he is more concerned about the building being returned in good shape. Councilwoman Pendleton agreed this project will be done on trust; the one threat the city has is to pull the permit. Councilman Peters moved to adopt Ordinance #7, Series of 1992, on first reading adding section 10 that the applicant provide a letter acceptable to Council outlining the extent to which the building will be insured and protected for any damage; seconded by Council- woman Richards. Roll call vote; Councilmembers Peters, yes; Richards, yes; Reno, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #8, SERIES OF 1992 - City Shop Rezoning to Public Councilman Peters moved to read Ordinance #8, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #8 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, REZONING THE CITY MAINTENANCE SHOP PARCEL FROM R-30 LOW DENSITY RESIDENTIAL TO PUBLIC (PUB), THE SITE IS A 27,000 SQUARE FOOT METES AND BOUNDS PARCEL LOCATED AT 1080 POWER PLANT ROAD, S.W. 1/4, SEC. 12, T-10-S, R-84- W, 6TH P.M. was read by the city clerk Kim Johnson, planning office, told Council there is a need to replace the aging fuel tanks for the city fleet. These tanks are currently underground. Because of the concerns of the neighborhood about underground fuel tanks, the streets department wants to 8 Regular Meeting Aspen City Council January 27, 1992 replace the underground with above ground tanks. The code does not allow storage tanks. There are two ordinances; one is a code amendment to allow above ground storage tanks in the Public and S/C/I zones. This is an ordinance to rezone the city shop, which is zoned R-30 to Public. P & Z heard this and recommended the rezoning to public. Councilwoman Pendleton moved to adopt Ordinance #8, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Mayor Bennett, yes; Richards, yes; Reno, yes; Pendleton, yes; Peters, yes. Motion carried. ORDINANCE #9, SERIES OF 1992 - Code Amendment Above Ground Storage Tanks Councilwoman Pendleton moved to read Ordinance #9, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #9 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, AMENDING CHAPTER 24, THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SUPPLEMENTAL REGULATIONS AND THE LIST OF CONDITIONAL USES FOR THE PUBLIC (PUB) AND SER- VICE/COMMERCIAL/INDUSTRIAL (SCI) ZONES TO INCLUDE "ABOVE-GROUND FUEL STORAGE TANKS" was read by the city clerk Kim Johnson, planning office, told Council the EPA is requiring replacement of the existing underground storage tanks. Because of the concerns of the neighbors and staff, it was determined at P & Z to agree to above ground tanks in the public and SCI zones as a conditional use. A public hearing before P & Z would be required to review above ground fuel tanks. P & Z gave this project conceptual approval pending approval of the rezoning. Specific conditions were screening, general clean up of the site, an evaluation of the ground area when the old tanks are moved. Ms. Johnson told Council the neighbors at the city shop feel that it would be simpler to monitor above ground fuel tanks. Jack Reid, streets superintendent, told Council the tanks will only be 5 feet tall and take up 22 square feet. Reid told Council he consulted with the entire neighborhood on this project. Council- woman Richards asked if the money spent on these new storage tanks will be wasted when a new maintenance facility is created. Reid said the cost of moving the tanks will exist; however, this money spent will not be wasted. 9 Regular Meeting Aspen City Council January 27, 1992 Councilman Peters moved to adopt Ordinance #9, Series of 1992, on first reading; seconded by Councilwoman Richards. Councilman Peters said this project has come a long way; however, it was originally discussed about putting these tanks in under- ground vaults which would get rid of the visual impacts. Council- man Peters asked why these are not going to be undergrounded. Mayor Bennett said one advantage of doing above ground storage tanks are that the tanks can be moved. Staff has involved the neighbors and had them review the plans after a site visit. Diane Moore, planning director, told Council the environmental health department feels above ground tanks are easier to monitor. Reid pointed out that the water table in this area is also a factor. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #10, SERIES OF 1992 - 700 West Franks Historic Designa- tion Councilman Peters moved to read Ordinance #10, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #10 (Series of 1992) AN ORDINANCE DESIGNATING 700 WEST FRANCIS 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 department, told Council this structure meets 5 of the 6 designation standards. HPC and P & Z recommended approval. The applicant is also requesting a designation grant, which will be addressed at second reading. Councilman Peters moved to adopt Ordinance #10, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. KSNO DEED RESTRICTIONS Councilman Peters said he is disappointed to see this item on Council's agenda. When the housing authority turned this down, they asked the applicant address the issue of windfall on the sale of the penthouse, which was supposed to be deed restricted. Councilman Peters said it was the Board's position they were willing to look at a compromise to accommodate the applicant. The 10 Regular Meeting Aspen City Council January 27, 1992 community has been deprived of the use of this unit for 10 years. Jed Caswall, city attorney, told Council he met with the appli- cant's attorney. Caswall said technically the housing authority has nothing to do with this deed restriction. Caswall told Council he recommended the applicant go to the housing authority to seek their advice on this but that there was no requirement they do this. This was strictly between the parties of the deed restric- tion. Jim Curtis, housing authority, told Council the Board was against the proposal as presented. The Board was open to have the applicant look at other proposals and to be more creative in their thinking. Curtis said the housing board looks very seriously at lifting deed restrictions. Curtis said in order to make an informed decision, the Board felt they needed to know more about the potential windfall profit. the Board would have been willing to look at more employee housing units but not cash-in-lieu. Curtis said the 1981 approval states the unit can be used by the owner. This is outside of the purview of the housing board; however, they can look at the deed restriction. Katie McMahon, representing the applicant, told Council this is not a windfall and cannot be compared to the Mathis situation, which was an employee unit and then no longer qualified under the guidelines. This unit has never been an employee unit, has never been in the pool to be rented. By the language in the deed restriction, this unit will never been in the rental pool. Ms. McMahon said this does not help the city because the way the deed restriction is presently applied, it will never be occupied by a middle income employee. It will always be occupied by the owner, his successors or his assigns. This situation is negatively impacting the city, the housing authority and the owner. Bob Schiller, architect, told Council this unit was not designed as an employee unit at the beginning. In the initial approvals of the project there was an understanding this unit would be for the owner's use. There is no way this unit would fit on the market as an employee unit. In order to make this an employee unit, it would have to be gutted and redone. Councilman Peters encouraged Council to refer this back to the housing authority. Councilman Peters said this unit was deed restricted for a purpose. Councilwoman Richards said it seems this agreement was written to allow the owner to occupy the unit; if the owner if not to occupy the unit, it will go back to a middle income unit. If the deed restriction is lifted, this becomes a commercial rental and can be rented short term. Councilwoman Richards agreed the issue of windfall ought to be addressed. Councilwoman Pendleton said she would like more information Councilwoman Pendleton agreed she would not accept cash-in-lieu. 11 Regular Meeting Aspen City Council January 27, 1992 Councilman Reno said potential windfall is not pertinent to the discussion; the issue is what is important for the community regarding housing. Councilman Reno said the production of a free market unit will generate employee housing mitigation. Councilman Peters said windfall does make a difference to the housing authority board. Councilman Peters agreed there are mitigation issues associated with the creation of a free market unit out of this unit. Ms. McMahon told Council the building is not marketable the way it is presently configured. The owner has been advised to condomini- umize the building. The present deed restriction does not give the city anything; as long as the unit is owner-occupied, there are no restrictions on it. Ms. McMahon said the applicants made an offer to purchase replacement units anywhere in the city if they were available. Councilman Peters moved to deny the request to lift the deed restriction on the KSNO affordable housing unit and recommend the applicant be remanded to the housing authority for this issue; seconded by Councilwoman Richards. Councilman Peters said he would like to see the housing authority empowered to make the final decision. Councilman Reno asked if the applicant could appeal to Council if the housing authority cannot come to terms. Mayor Bennett said they would. Mayor Bennett said he feels the housing authority is the proper entity to decide this issue. Mayor Bennett said windfall is not the guiding issue. All in favor, motion carried. PARKS CAPITAL 1992 PROJECTS George Robinson, leisure services director, reminded Council in December they approved $100,000 for parks and open space develop- ment and $250,000 for trail improvements with the direction to come back and give specific projects for these expenditures. Robinson said out of the parks and open space development, staff is recommending $40,000 for the master plan, which would include engineering, legal, design work, and plans for future acquisitions. Robinson told Council at Newbury park the staff will plants trees, add fill, do some landscaping. Staff has been working with the Eagle's to enhance the area. The Art Park river enhancement is to revegetate and do stabilization on the river banks and island, placing boulders for a cost of $25,000. Robinson said the work around the recycle center is to berm around to make it more attractive, to do more landscape, plant 30 trees at $200 a piece. Councilman Reno asked if this is an interim plan as the city is in 12 Regular Meeting Aspen City Council January 27, 1992 the midst of a Rio Grande master plan. Robinson said this plan will be done in April. Councilwoman Richards said she would rather see this area hydro turfed with dryland seed mix than berms with trees. Mayor Bennett agreed that it is premature to spend $7,000 until there is a master plan for the Rio Grande. Al Blomquist said Council should leave in the $7,000 and let Robinson use it where it is needed to clean up the area. Amy Margerum, city manager, said staff will come back to Council before they spend this portion of the budget. Robinson told Council there is a well for the Rio Grande behind the old savings and loan building. Staff would like to use raw water to irrigate the Rio Grande and save the potable water. Councilman Peters said the request to use the well was originally in the water department budget. Councilman Peters said this is not an expense the parks department needs to incur; it should come out of the water department. Councilwoman Richards said she would like to see the irrigation system master planned for the whole area. Robinson said the parks department is trying to become more water effi cient, which is why the expenditure is in this budget. Mayor Bennett agreed this expenditure should be in the water department. Mayor Bennett said this year may not be the best time to spend $20,000 on this project. Ms. Margerum summarized Council approved $100,000 without the $20,000 for the water project and $7,000 on hold. Staff will come back for approval of projects in the $7,000. Robinson told Council for the trails capital budget staff went to the Neighborhood Advisory Committee to get their priority list. On this list was a north/south trail at Newbury park. Robinson told Council staff is working with the Eagle's on this trail, which will go up towards Smuggler. This expense is $36,000 for replacement of vegetation, retaining wall and materials for the trail. Council- woman Richards said this is a critical access for people living in the Smuggler area. Staff should also look at the budget for cleaning and maintenance of the trail. Robinson said staff is still negotiating on the alignment for the Benedict trail, cost $90,000. The city has $32,000 from Ute/1010 for work on the trail as well as $25,000 from Gordon/Callahan. This is in addition to the $90,000. This trail goes from the Cooper Avenue bridge to behind Ute/1010. Councilwoman Richards suggested representatives of the Ute/1010 be involved in the route and design of this trail. Councilwoman Richards recommended that any property owners along this trail be involved. Robinson said they would. Robinson told Council there are some time constraints on the $32,000 for the trail. Robinson recommended solar lighting for the trail behind the post office, cost $7,000. Robinson said $2,000 is for signs along all 13 Regular Meeting Aspen City Council January 27, 1992 the trails. The Meadows project is at least two bridges; one across the Roaring fork and one across the Castle Creek. Council- woman Richards asked if the trails up to the bridges will be completed at another time. Robinson said yes. There may be a third bridge built with private donations. Al Blomquist pointed out there are rough trails in place all over the Meadows. Blomquist said the NAC gave the Benedict trail a high priority to show the city is serious about putting these trails in. Robinson told Council the engineering and legal costs for trails are $25,000. Robinson said the lighting for Marolt and Truscott trails was not approved at an earlier meeting. This would be 4 solar lights, two on Marolt and two on Truscott trails. Councilman Peters moved to approve the open space and trail budget with amendments listed above; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #11, 1992 - Encroachment License Procedures Councilman Peters moved to read Ordinance #11, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #11 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING SECTION 19-5 OF THE MUNICIPAL CODE REGARDING ENCROACHMENT LICENSES AND THE OCCUPANCY OF PUBLIC RIGHT-OF-WAY was read by the city clerk Jed Caswall, city attorney, said this ordinance relieves Council of its responsibility for enforcement. Mayor Bennett asked if the engineering department is the right department to make this decision; should it be planning or the city manager to address issues like landscaping, character, etc. Caswall told Council before the engineering department approves any encroachment, they are referred out to other city departments. Caswall reminded Council encroachments are revokable at any time. Councilman Peters moved to adopt Ordinance #11, Series of 1992, on first reading amended to include a provision for the definition of license as revokable; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Peters, yes; Reno, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. SCHEDULE BOARD INTERVIEWS Council scheduled these for Thursday, February 6 at 5 p.m. Council 14 Regular Meeting Aspen City Council January 27, 1992 requested the interviews be grouped by Commission and that 5 per hour be scheduled. Councilwoman Pendleton moved to adjourn at 8:50 p.m.; seconded by Councilman Peters. All in favor, motion carried. Kathryn S. Koch, City Clerk 15 Regular Meeting Aspen City Council January 27, 1992 OUTSTANDING EMPLOYEE BONUS AWARDS 1 .............................. CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT CALENDAR 4 ................................ ............... SPECIAL EVENT PERMITS 4 ................................ .......... LIQUOR LICENSE RENEWALS 4 ................................ ........ ORDINANCE #46, SERIES OF 1991 - Procurement Code 4 ............... ORDINANCE #3, SERIES OF 1992 - Upper Ute Improvement Dis trict 5 .. ORDINANCE #7, SERIES OF 1992 - Temporary Use Permit - Red Brick School Fall-line Productions 5 ........................ ORDINANCE #8, SERIES OF 1992 - City Shop Rezoning to Public 8 .... ORDINANCE #9, SERIES OF 1992 - Code Amendment Above Ground Storage Tanks 9 ................................ ............. ORDINANCE #10, SERIES OF 1992 - 700 West Franks Historic Designa t ion 10 ................................ ............... KSNO DEED RESTRICTIONS 10 ................................ ......... PARKS CAPITAL 1992 PROJECTS 12 ................................ .... ORDINANCE #11, 1992 - Encroachment License Procedures 14 .......... SCHEDULE BOARD INTERVIEWS 14 ................................ ...... 16