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HomeMy WebLinkAboutminutes.council.19951127Aspen City Council Regular Meeting November 27, 1995 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Waggaman, Marolt, and Richards present. PROCLAMATION - Aspen Choral Society Mayor Bennett and Council proclaimed December 10 Aspen Choral Society week. Council presented the proclamation to Ray Adams, director of the Choral Society. CITIZEN COMMENTS 1. Scott Smith, Gibson & Reno architects, told Council they received an awar d from the AIA for the recently completed city shop project. The award was presented at the western mountain conference and was one of 12 awards out of 140 entries. The AIA recognized the city shop for its respect for historical context, restoration and a limited building in a residential neighborhood. COUNCILMEMBER COMMENTS 1. Mayor Bennett noted this is the first meeting in the new city meeting room and it is a delight and relief to be in the room. 2. City Manager Margerum requested the Maroon Creek Bridge utilities be moved from information to action items. 3. City Manager Margerum told Council the snow melt relocation was approved by P & Z last week. Staff would like to add first reading of an ordinance. Councilman Paulson moved to add Ordinance #56, Series of 1995, to the consent calendar; seconded by Councilwoman Richards. All in favor, motion carried. 4. City Manager Margerum told Council they can cancel the last bu dget work session scheduled for November 28. The budget is complete, unless Council has questions. CONSENT CALENDAR Councilwoman Richards moved to read Ordinance #56, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #56 1 Aspen City Council Regular Meeting November 27, 1995 (Series of 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE CITY OF ASPEN FINAL SPA PLAN APPROVAL FOR THE PURPOSE OF RELOCATION OF THE SNOWMELTER AT THE CITY-OWNED RIO GRANDE PARK IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, was read by the city clerk Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Marolt. The consent calendar is: · Resolution #80, Series of 1995 - Mayor’s Deed - Quam; Crumley · Request for Funds - Climbing Wall · Ordinance #56, Series of 1995 - Snowmelter SPA Adoption Roll call vote; Councilmembers Marolt, yes; Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #78, 1995 - 1996 Budget Rob Umbreit, budget director, reminded Council they have been meeting on the budget since September. The city is looking at very little increase in revenue, a 2 percent increase over 1995. A key component of the city’s revenue is sales tax, which makes up almost $10 million of the $31,969,000 in revenue. Staff has budgeted no increase in the sales tax for 1996. 1995 year-to-date is just 1 percent up over 1994. The operating expenses are increasing only 1 percent over 1995. Umbreit pointed out labor makes up about 50 percent of the operating budget, with a 3.8 increase over 1995. Umbreit said any increases in personnel for 1996 also increased revenue. Umbreit said the city is increasing their share of the communications department to enable them to get two new dispatchers. The police budget is up 10 percent, records department is up 50 percent and communications up 15 percent. Umbreit said the surplus in the general fund is very tight in 1996. Umbreit said the asset management plan has been increased to $8.4 million from $5 million to cover some big projects, including the purchase of the yellow brick school $1.5 million; a second feeder for the electric system $900,000, $450,000 for street repair and improvements, $2 million in water improvements. Umbreit noted the city has done a good job of being able to fund these infrastructure improvements and capital improvements through the asset management plan. 2 Aspen City Council Regular Meeting November 27, 1995 Umbreit recommended the mill levy remain at the same rate as 1995 of 5.401 mills. The mills levy is used .1190 to fund the existing debt retirement, 1.060 existing operating expenses and 4.151 to the asset management plan. The mill levy generates about $2,235,000 in revenue. Mayor Bennett opened the public hearing. Councilwoman Richards moved to continue the public hearing on Resolution #78, Series of 1995, to December 11, 1995; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #79, SERIES OF 1995 - 1996 Mill Levy Mayor Bennett opened the public hearing. Councilwoman Richards moved to continue Resolution #79, Series of 1995, to December 11, 1995; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to continue Ordinance #51, Series of 1995, to January 8, 1996; to continue Ordinances #32 and 54 to December 11th; seconded by Councilman Paulson. All in favor miotion carried. ORDINANCE #53, SERIES OF 1995 - Fee Increases Councilwoman Waggaman moved to read Ordinance #53, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #53 (Series of 1995) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTION 8.5-2, 2-33, 2-34, 2-36, 2-37, 2-38, 2-39, 7- 141, 7-246, 23-61, 24-1-106, 24-1-207, 24-1-108 AND 24-5-603 TO INCREASE LAND USE APPLICATION FEES, HISTORIC PRESERVATION APPLICATION FEES, BUILDING PERMIT FEES, PLUMBING AND MECHANICAL PERMIT FEES, UTILITY HOOKUP FEES, PARK DEVELOPMENT IMPACT FEES, ZONING PROCESSING AND 3 Aspen City Council Regular Meeting November 27, 1995 ENFORCEMENT FEES, ENVIRONMENTAL DEPARTMENT FEES, ASPEN MUNICIPAL GOLF COURSE USER FEES, ASPEN ICE GARDEN USER FEES, MISCELLANEOUS LEISURE AND RECREATION DEPARTMENT USER FEES, USER FEELS FOR THE WHEELER OPERA HOUSE, ANNUAL ALARM AND FALSE ALARM FEES, MISCELLANEOUS DOG LICENSING FEES, AND IMPOSING A FEE FOR GEOGRAPHIC INFORMATION SYSTEM SERVICE FEES was read by the city clerk John Worcester, city attorney, told Council staff attempts to look at all user and service fees to bring them current with the cost of inflation and with the actual cost of providing the service. Worcester suggested a 4 percent increase in line with the cpi. A new fee for GIS has been added as well as a construction permit in the right- of-way. Stan Clauson, community development director, told Council staff is recommending the issuance of construction permits be changed from the street department to the community development department. Staff feels this would make for better coordination. The current fee is $25; this ordinance would increase that fee to $250. This would cover data entry costs for the GIS. Staff feels this fee increase is not out of line with the review and entry work required. This will be digitized into the GIS database and would improve the information given to contractors when they require utility locates. This will free up the street department time for more pavement management. Councilman Marolt said this is a large increase and staff should get information out to contractors on the cost and the benefits. Council suggested staff look at providing an exemption for very small projects. Mayor Bennett said all the benefits are to the city and the community development director could have the authority to waive or reduce the fee. Councilwoman Waggaman said on the park impact fee, there is a great deal of different between one-bedroom and some one-bedrooms. Councilwoman Waggaman suggested another criteria, like square footage. Councilwoman Waggaman moved to adopt Ordinance #53, Series of 1995, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Marolt, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. 200 EAST MAIN REQUEST TO RECLASSIFY HOUSING UNIT 4 Aspen City Council Regular Meeting November 27, 1995 Dave Tolen, housing director, reminded Council when the office building at 200 E. Main was approved it included 2 employee units as mitigation. Tolen said he is asking Council to correct a mistake in deed restriction. The growth management application was approved as moderate income, which was consistent with the housing office recommendation. The units were proposed and accepted but did not meet the size requirements. The applicant is requesting the units be reclassified. The housing board reviewed this and recommended the changes to Council. Councilwoman Richards moved to amend the Occupancy Deed restriction and Agreement dated August 15, 1990, pertaining to the 200 East Main street building, so as to permit the two affordable units to be rented under category two income and occupancy guidelines and further to permit the units to be rented to qualified category three income households if a members of the household is employed by the building owner; seconded by Councilwoman Waggaman. All in favor, motion carried. KSNO PENTHOUSE UNIT DEED RESTRICTION Dave Tolen, housing director, reminded Council this has been reviewed by the city several times. The KSNO building is located on east Hopkins, was approved in 1979 as reconstruction of an existing commercial building with employee units. There are 4 studio units and a two bedroom “penthouse” unit. This unit could be used and occupied by the owner of the building. The owners of this building have looked at condominiumization and feel the building value would be greater if the “penthouse” unit is not deed restricted. The owners have presented two alternatives to replace the top floor unit. The housing board looked at these units and would accept either of them. They are duplex units located on Cemetery Lane. Councilwoman Waggaman moved to amend the declaration of covenants recorded in Book 420, Page 371, to remove any restriction on unit #5 KSNO building, east Hopkins, and to remove the time limit of that declaration that the effect of the declaration shall be permanent, and that the leases for the 4 studio units be maintained, and subject to the purchase and deed restriction of one of the units approved by the housing office and another unit to be reviewed by the housing board; seconded by Councilman Marolt. All in favor, with the exception of Councilwoman Richards. Motion carried. 5 Aspen City Council Regular Meeting November 27, 1995 MAROON CREEK BRIDGE UTILITIES Stan Clauson, community development director, reminded Council at their last meeting they approved a resolution for a revised easement of electric utility locations adjacent to the new Maroon creek pedestrian bridge. Clauson read to Council from the stream margin review application, which was presented to P & Z, that the existing overhead electric wires spanning Maroon Creek canyon will be removed and replaced with wiring in conduit below the bridge deck. Clauson said at that time staff was unaware that this easement was part of a significant change in the final design of the bridge, which would affect the location and appearance of the power lines. The conduit was a mitigation for visual intrusion presented by the new bridge. Clauson told Council as part of the final contract development process, the county deleted this. The electric wires will now be moved further away from the existing bridge but will continue to be aerial wires visible from the bridge. Stan Berryman, Pitkin County public works, showed Council a map of the existing poles, close to the existing bridge, which is where the new bridge needs to go. The overhead electric poles on the Aspen side of the bridge have to be relocated. On the other side of the bridge, the poles will remain in their existing configuration and are within the right-of-way. Berryman said the new bridge needs to be set with 120-ton cranes and there needs to be a lot of room to do that. Berryman said the original plan is that plastic pipe will be placed on the existing bridge and the electric lines will eventually be relocated into that pipe. The power lines will be relocated to the north of the existing poles so that wires do not go above the bicycle path. Above the softball field they are very high and it would be very unlikely they will be hit by softballs. Councilwoman Richards said she does not want to see the wires after this project is done. Councilwoman Richards said she would rather see them feed through the conduit on the bridge. Councilwoman Richards said the city should look into using park and open space money to underground the utilities along the golf course. Councilwoman Richards said since all representations were to underground the wires at the bridge, she would like to see this completed. Berryman said the only thing at issue is the crossing across the gorge. Berryman said the poles can be relocated; however, the plastic pipe cannot be left on the Maroon Creek bridge because of the State Historic approvals. This would be the simplest solution. This is only a temporary solution during construction. Berryman said it would cost $25,000 to run the conduit on the pedestrian bridge. 6 Aspen City Council Regular Meeting November 27, 1995 Councilman Marolt said he thought the bridge was temporary and it wouldn’t make sense to put the electric wires on a temporary bridge. Berryman said Holy Cross has to make the temporary switch over and have it complete onto the two new poles on the Aspen side by December 20th. Councilwoman Richards said she would approve the temporary wiring across the bridge and let it proceed over the next few weeks. The Council can then take a look at the bigger area, can the city underground the golf course area in the next few years, how long will the state will allow a temporary wire stay under the old bridge, and also get some costs on these various options. Clauson said the original resolution to lay wires in the gorge is in direct contradiction to the stream margin review. Berryman said the portion from the two poles could be deleted out of the easement. Councilwoman Richards said the representations made to various city boards were that these wires would be moved. Berryman said part of the permanent easement is the crossing; the part Council is addressing is the gorge. Councilwoman Waggaman moved to reconsider Resolution #77, 1995, granting an easement to Holy Cross Electric Association; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Waggaman moved to grant a temporary easement to Holy Cross Electric Association for power relocation pursuant to the construction of Maroon Creek pedestrian bridge for a period not to exceed 6 months; seconded by Councilman Marolt. All in favor, motion carried. Councilwoman Richards moved to adjourn at 6:45 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 7