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HomeMy WebLinkAboutminutes.council.19981013Aspen City Council Regular Meeting O ctober 13, 1998 Mayor Bennett called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Vickery, Markalunas and Richards present. PROCLAMATION - World Population Awareness Week Mayor and Council proclaimed the week of October 25th World Population Awareness week and called upon all citizens to reflect on the challenges of diminishing farmland, water shortages, traffic congestion, curtailment of basic services, climate changes and the spread of infectious disease and to seek rational, humanitarian, community-based solutions. CITIZEN PARTICIPATION There were none. COUNCILMEMBER COMMENTS 1. Council offered their condolences to the family of Raoul Wille and had a moment of silence for the families and for the community. 2. Councilman Markalunas brought up an article from the Denver Post about the Tacoma hydroelectric plant down by Durango, which is 96 years in operation. Councilman Markalunas said if the city has continued their original hydropower plant, it would be 106 years old. Councilman Markalunas said oil wells will run dry and people should be working on renewable energy sources as well as conservation. 3. Mayor Bennett reported on his trip to Chamonix with the sister city delegation to celebrate the Aspen/Chamonix relationship. It was held in conjunction with the third installment of the energy sustainable conference. Mayor Bennett said the number 3 environmental problem for Chamonix is too many cars in their downtown area. 4. Amy Margerum, city manager, said there are two EOTC meetings scheduled, October 22 and November 12. Ms. Margerum said Council needs to schedule a work session with the BOCC on the annexation of Burlingame ranch. The housing office has requested a work session to discuss program objectives for two housing projects - 7th and Main and redevelopment of Truscott housing. 1 Aspen City Council Regular Meeting O ctober 13, 1998 5. Amy Margerum, city manager, reminded Council the Parks Department open house for the public to see the new facility is Wednesday, October 21 from 3 to 6 p.m. 6. Mayor Bennett announced the first ever regional growth conference, hosted by the city of Carbondale. This will be Saturday, October 17, starting at 9 a.m., Carbondale City Hall. This is sponsored by all 8 governments in the valley; all elected officials, P & Z and interested public are invited. Councilwoman Richards moved to add to the consent calendar request for $500 for the sensible growth seminar from Council’s contingency; seconded by Councilman Paulson. All in favor, motion carried. CONSENT CALENDAR Councilman Paulson moved to approve the consent calendar as amended; seconded by Councilman Markalunas. The consent calendar is: · Minutes - September 28, 1998 · Resolution # 74, 1998 - Accepting New Auditors - McMahan & Assoc. · Resolution # 75, 1998 - Approval of Lease Ute Mountaineer/Golf Pro Shop · Resolution # 76, 1998 - Castle Creek Condominiums - Annexation · Request for Funds - $500 for Sensible Growth Symposium All in favor, motion carried. ORDINANCE #38, SERIES OF 1998 - Aspen Meadows SPA Amendment for Music Tent Chris Bendon, community development department, reminded Council this amendment is for the redevelopment of the music tent and expansion of the backstage area into a permanent structure. HPC and P & Z have reviewed this amendment and have forwarded favorable recommendations. 2 Aspen City Council Regular Meeting O ctober 13, 1998 Bendon said one issue from first reading was the use of Third street. There will be a substantial amount of fill material removed from the site. Third street is the strongest street in the west end and is the most direct route to highway 82. Use of alternative streets require a more circuitous route, going over drainage pans. Staff continues to endorse the use of Third street. The traffic mitigation plan was approved in 1991. Staff does not feel there is an adequate relation to an impact to require additional mitigation measures for traffic because the seating capacity of 2,050, the lawn seating, and the length of season are not being increased beyond what was approved in 1991. Bendon said traffic is an on-going issue for the music festival and for the Aspen Meadows. In P & Z review, there was a request to do a master plan for traffic in the area to look at traffic being generated, encouragement of transit, how parking is handled and enforced. Bendon said this study should include traffic and parking, use of transit, pedestrian facilities, and the use of an outside consultant. The study for the master plan should include all users of the Meadows, the city, RFTA, west end representatives. This should be implemented by 2000, which would be when the next biennial traffic plan is to be reviewed. Bendon said traffic mitigation should not be tied into this SPA amendment; however, the MAA should be involved in the study or with the task force to look at traffic mitigation. Bendon noted the use of folding chairs in the tent came up at first reading. The fire marshal states there should not be any folding chairs used except for on the stage and lawn seating. The length of season and temporary uses were addressed by P & Z. Their concern was that this facility not go into a longer season. The applicant is not considering anything beyond their traditional season. The condition of P & Z approval states June 1st to August 31. Staff suggests Memorial day weekend through Labor Day weekend, not including use for high school graduation and IDCA. Bendon reminded Council there is a requirement to file a plat within 180 days of approval; the applicant has requested this be extended to 240 days. Staff has no problem with this request and it has been incorporated in the ordinance. Council brought up the color of the louvers on the side of the tent. Staff and HPC both support the proposed blue color, which gives a base to the tent and grounds it. One concern was that the color will stand out in the winter landscape. Bendon said any color except white will stand out in the winter. There may be some discoloration, but this should be taken care of by the applicant. 3 Aspen City Council Regular Meeting O ctober 13, 1998 The walkway surfaces around the tent will be concrete and asphalt. Staff does not support waiver of tree mitigation; however, the parks department will work on a creative solution for tree mitigation. The ordinance allows the method of mitigation to be approved by the parks director. Council raised the issue of use of magnesium chloride in the parking lot and the negative effect this is having on the vegetation. Bendon noted the ordinance includes a condition that magnesium chloride not be used. HPC did review the architectural concerns such as aesthetics, use of material, internal and external lighting, the feeling of “tent-ness” and recommends approval. Construction staging, equipment storage and parking should be done on the northern parking lots of the applicant’s property. Councilman Vickery asked about mechanical equipment. Bendon said there will be none on the exterior of the facility. Bendon said staff met with the applicant and looked at the code requirements for mechanical equipment so there will be no surprises later on. Councilman Markalunas asked if there is a way to make a determination on the capacity of lawn seating. Bendon said there is no way to make a determination on capacity; this is essentially the area where one can sit outside and still hear the music. Councilman Markalunas said the worst traffic problems are on Sundays when the weather is good. People drive to the area with their picnics and lawns chairs. Lawn seating is part of the capacity of the tent. Harry Teague, architect, said one reason for this request is needs of the musicians, acoustic, comfort and amenity reasons. There are also audience concerns, heat, cold, sound, lack of bathrooms. Teague noted that the temporary nature of the existing tent has functional problems. Teague told Council before the applicants designed a new tent, they tried out other materials and none have been successful. The design solution is unique and combines hard surface with fabric. The fabric draped over the hard surface gives the acoustic properties. The tent part provides ambient light. Teague noted they have kept the present seating arrangement, which has informality. Teague said the good qualities have been treasured as it is important this remain a popular venue. Teague told Council the new fabric will let in more light than the current fabric. There is no possibility of insulating the structure; this is an immense area with no way of heating. The structure cannot be used year round. Some heat to the stage will be provided, as is now. 4 Aspen City Council Regular Meeting O ctober 13, 1998 Teague told Council they are trying to produce humidity, which is a major request of the musicians. The applicants are developing a system of louvers for the sides of the tent. One of the most popular things about the tent is the outside seating and these louvers should improve the outside experience. The reason for a perimeter is to prevent wind and rain inside. The reason for the colored perimeter is to provide a dark background for the musicians so they can read the music and see the conductor. Teague said they are developing a full scale prototype to test these louvers. Teague said the fallback solution will be flaps similar to what is there now. Teague said the applicants did look at speakers to fix the sound problem. The acousticians said no, it will make it worse. Teague noted the distance between the performing platform and the canopy will be greater, which allows the musicians to hear themselves better and allows more sound to get into the tent. Councilwoman Richards asked about the proposed height of the tent. Teague said the new tent will be no higher than the existing tent. Teague noted the original SPA agreement talks about the tent being in substantially the same footprint. Teague said the new tent is a slightly different shape but is essentially the same size and same geometry. Teague told Council the applicants have two engineering firms working on this so the tent will accommodate wind, snow, and wind and snow. Councilwoman Richards asked if there is any way the tent will be heated later. Teague said this is radically unfeasible. With snow on the tent, it will be dark inside. There is no duct work. The mechanical system for Harris Hall is very elaborate in order to be quiet; it is almost impossible to pull this off for a tent. Julia Marshall, landscaping, told Council with the proposed plan, they are trying to build on the existing traditions and make them better. The area for congregating in front of the tent will be made larger. The outdoor seating areas will be preserved. A patio at the back of the tent will be improved to be used by musicians. Ms. Marshall noted the proposed redesign will take out $37,000 worth of trees. The applicant proposes to plant trees worth $12,500 and will work with the parks department to phase in the rest of the trees over 3 to 5 years. Mayor Bennett opened the public hearing. Lennie Oates, representing Evelyn and Leonard Lauder, asked if the city will have the existing parking regulations in the area enforced. During heavily attended 5 Aspen City Council Regular Meeting O ctober 13, 1998 concerts, emergency vehicles would be precluded from access to Roaring Fork drive due to cars being parked all over. This agreement should require the city and MAA to participate in enforcement, perhaps having some residential streets blocked and have personnel direct traffic. Oates said the idea to study the problem does not get an answer for the immediate situation and the problem should be addressed until there is a bigger plan. Councilwoman Richards said Council went through a lengthy hearing this summer and looked at the legality of tying the traffic mitigation to this process. There is already an approval for this expansion. Councilwoman Richards said there were a lot of suggestions from the meeting and the city agreed there would be an action plan from these suggestions. Councilwoman Richards agreed the city has to deal with traffic problems better than they have in the past. Mayor Bennett agreed a better job of moving music tent patrons to and from the tent has to be done; however, cars have been parking in this area for music events for 49 years. It is not realistic to think all the cars will go away with a mitigation plan. Jan Collins, west end resident, noted that this an amendment to the original SPA and under the original SPA, the MAA and the Institute all were required to mitigate the traffic. Ms. Collins said the traffic has not been mitigated. Ms. Collins said the residents have worries about the traffic in this area and about what happens to this neighborhood. This is the last historic neighborhood in Aspen. The Community Plan is calling for hanging on what Aspen has and the west end is trying to do that. Ms. Collins asked what government body will be reviewing whether there can be special events at the tent outside of the regular season, will they look at whether this is a commercial event, a non-profit event, a community event. Ms. Collins said the residents were told that Harris Hall would only be used for occasional events; it now has a winter series. Boettcher Hall is now being used for commercial operations. This residential neighborhood is now next to a commercial operation. Ms. Collins said they are worried about increasing the number of buses in the area. The residents are concerned about cars parked, number of buses going in and out, that the ridership is being kept track of, and that RFTA purchases small, quieter buses. Ms. Collins said last year the MAA and RFTA tried to alternate the streets as routes to the tent. The residents would like that continued. Ms. Collins said there are concerns about the construction traffic, not only in and out of the site, but where the equipment and cars are parked. Ms. Collins said the landscaping around the tent is very nice; however, the landscaping around the periphery is lacking and is not being maintained. 6 Aspen City Council Regular Meeting O ctober 13, 1998 Charles Collins, west end resident, said he is concerned about the impact overall by the extended season. The original ordinance limited the season to the length of the current season. The revised ordinance states the season will be limited to Memorial Day to Labor Day, which is a significant change. Collins said this is extending from 9 weeks to 12 or 14 weeks. Mayor Bennett pointed out currently there are no restrictions on the operation of the MAA; this ordinance will impose restrictions from unlimited number of weeks. Collins said he finds it objectionable to increase activities in the shoulder season. The MAA has not done anything to mitigate their operations. Collins said the residents have asked for quieter buses; they have asked not to have concurrent events in Harris Hall and the tent. This condition is not part of the ordinance. Al Dietsch, Woody Creek resident and MAA Board member, told Council he lived on Lake Avenue in the 1980s and thought the instigation of the pedestrian way was a great idea. Dietsch said the city has always worked with the MAA on worked on alleviating problems. Dietsch said MAA knows they have an impact on the community and have worked to mitigate it. The MAA will continue to work with the city on the problems of impacts. John Doremus, west end resident, said the new tent will enhance the sound and will provide improved back stage and seating. The new tent will retains the best elements of the previous two tents and will have the most advanced tent technology available. The ambiance of the tent will be preserved. The students, musicians, and audience deserve better than the current 35 year old facility. Doremus told Council he is serving on the character committee of the update of the AACP, which has been struggling with the task of determining Aspen’s character. The Aspen Idea, as the cornerstone of character, is the pursuit of excellence. Doremus said almost 50 years of the music festival is an on-going celebration of the Aspen Idea. Goldie Knorr, 5th and Gillespie, asked which streets will be used for construction access and where will they park. Bendon said staff has recommended Third street to bring in construction equipment; all construction staging be in the north parking lot north of the tent. There is a construction schedule in the packet. Construction will start August 1999 and should be completed in June 2000. Werner Knorr, 5th and Gillespie, asked why the police department does not enforce the parking laws, like “No Parking Here to Corner”. Mayor Bennett closed the public hearing. 7 Aspen City Council Regular Meeting O ctober 13, 1998 Councilwoman Richards pointed out the MAA is not trying to lengthen their season. Staff requested that the high school graduation and IDCA be accommodated without coming to Council every year and the ordinance was changed to Memorial day to Labor Day. John Worcester, city attorney, said any other temporary events can be approved by the community development director or may be forwarded to Council. The community development director can determine what public hearing notice is appropriate. Councilwoman Richards said she can accept a tree mitigation over a 3 not 5 year period. The value of the trees should occur through trees, not shrubs or flowers. Councilwoman Richards said the MAA should look at the parking lot area to see if improvements can be made as they are spreading trees throughout the campus. Councilwoman Richards said she would like the ordinance to contain language that the tent cannot be retrofitted for heat in the future. Councilwoman Richards suggested the ordinance include that no storage of construction material be on native vegetation, like the sagebrush. The parking of construction equipment should be part of the plan, that it will not be parked overnight on neighborhood streets. Councilwoman Richards said she would like to work with the city staff on traffic mitigation. Councilwoman Richards noted there is a neighborhood conflict going as to whether there should be more buses with less parked cars or less buses and more parked cars. It is appropriate for RFTA to work in partnership with the music festival as a community event in order to get cars off the road. Councilwoman Richards said at the recent AACP community meeting, there was support for increasing arts and increasing education and exposure to school children. Councilman Markalunas said he generally concurs. The 1991 SPA approved 2050 seats, the lawn seating and the length of the season are not being increased over 1991. Councilman Markalunas said he feels the traffic problem lies with the lawn seating, and the people who drive over with their picnics and lawn chairs. Councilman Markalunas said he would like to see restrictions on the capacity of lawn seating. Councilman Markalunas said the general area of the music campus needs attention; the parking lot is in bad shape. Councilman Markalunas said the MAA should shut off the lights in the parking lot when the concerts are over so they do not shine in neighbors’ windows. Councilman Markalunas said he would like to see Fourth street as a pedestrian way and maybe use electric vehicles on that street. 8 Aspen City Council Regular Meeting O ctober 13, 1998 Councilman Paulson said he agrees the tent needs help and this is a change he can support. Councilman Paulson said he would like to assure the public that the traffic problems will be addressed. Councilman Vickery said it is important to distinguish between the construction related impacts and the performance related impacts. Councilman Vickery read from the SPA plan in 1991 addressing the traffic and that the applicant will have a compressed natural gas vehicle circulating around the tent to deliver people walking from outlying areas. Councilman Vickery said the Aspen Idea has always embraced new concepts and it should continue into the 21st century. Councilman Vickery said in the original SPA the applicant talked about using energy efficiency and new technology. Councilman Vickery said it is important for new construction to balance its cut and fill and to minimize exporting cut material off site. Councilman Vickery said he would like to see legislation on cut and fill. Councilman Vickery said one of the most important aspects of this project is to enhance the experience of people sitting outside and to preserve accessibility to the arts. Councilman Vickery asked if this increases the square footage or the footprint. Bendon said the tent adds almost no square footage. Teague said the tent will be the same size except there is a story underneath the backstage area. Councilman Vickery encouraged the applicants to looks into electric vehicles. Mayor Bennett said he can accept the Memorial Day to Labor day restrictions; there are currently no restrictions on this use of this space. Mayor Bennett said he supports the MAA working with the parks department on tree mitigation and coming up with a flexible, workable plan. Mayor Bennett reiterated the city’s commitment to traffic mitigation. Mayor Bennett agreed that the tent should not be engineered for heat; the plans have no provision for heating. Mayor Bennett said he cannot agree with limiting lawn seating, which is one of the most beloved things in Aspen. Mayor Bennett agreed with limiting the lights in the parking lot and deflecting them from shining in residents’ windows. Mayor Bennett said Council is committed to the principle of historic preservation in Aspen. Council has given careful consideration to the idea of replacing the existing tent. Mayor Bennett said the music tent is about music and the tent is an extension of the musicians. Councilman Markalunas said he is not opposed to lawn seating but people who partake of lawn seating are a big part of the traffic problem around the tent. Councilman Markalunas said he would like to see another pedestrian pathway from Fifth and Gillespie. 9 Aspen City Council Regular Meeting O ctober 13, 1998 Council agreed that tree mitigation should be a 3 year plan, actual trees not flowers and grasses, and the applicant should address the parking lot and the campus. The lawn seating will be kept as is. The MAA has represented there will be no heating for the audience. The season will be Memorial Day to Labor day excluding high school graduation, IDCA and memorial services All temporary uses will go through Council. The applicants will control ambient lighting in the parking lot and will not allow transient lighting. The lights will be turned off after midnight. On the pathway at Fifth and Gillespie, staff and the MAA will work on this and include it in the renewal of the traffic mitigation plan. Councilman Vickery said on the basis of the representations made by the applicant in the 1991 agreement a cut and fill calculation be submitted prior to a building permit and include a discussion why a cut cannot be disposed of on site. Councilman Vickery requested the MAA take the lead in investigating alternate transit, clean, quiet transportation. Councilwoman Richards support the cut and fill exercise. Councilwoman Richards said she does not agree with tying a traffic study to this application. Council decided in August these would be two separate issues. Traffic mitigation has to be done with all the users group, and the city has to be a partner in this. Worcester went over recommended changes to the ordinance. Section 2, condition 2, “off season use of the tent for high school graduation, IDCA, and memorial services shall not have to obtain a temporary use permit”. Condition 4 “All tree replacement mitigation shall be accomplished within 3 years in a method to be approved by the parks department. Payment-in-lieu may be made to mitigate trees which cannot be reasonable replaced. Condition 6, said plan shall further prohibit storage of construction materials upon native vegetation. A new Section 15, “Prior to the issuance of a building permit, the applicant shall submit to the engineering department a cut and fill calculation which shall include an explanation for the need of all fill material to be removed from site”. A new Section 16, “Light fixtures in the parking lot shall be reconfigured to reasonably prevent light from flooding adjacent property. All parking lot lights and shall be turned off within 2 hours of any performance or rehearsal”. Councilwoman Richards moved to adopt Ordinance #38, Series of 1998, on second reading as amended by Council; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilman Vickery left the Council meeting. 10 Aspen City Council Regular Meeting O ctober 13, 1998 ORDINANCE #40, SERIES OF 1998 - Water Service Agreement Shadowood Apartments Phil Overeynder, water department, told Council this 5.5 acre parcel is located east of town outside the city limits. Any water extension outside the city requires a water service agreement. This is an 19 unit apartment building serviced by wells which are failing to producing adequate quality of water. Overeynder said this is the first time the city’s water policy, Resolution #5, has been applied to an existing apartment structure. The city’s policy states the city will extend water in exchange for the applicant waiving their rights to annexation. Overeynder said if the city were to annex this parcel, the current landuse policies and affordable housing would apply. Overeynder said the timing of this is critical because the applicants will need to make an alternative choice, if this is not approved. Julie Ann Woods, community development department, said this 19-unit structure is primarily used by employees. If there were a redevelopment of this project in the city, it would have to comply with city regulations. In the county, this could be two single family residences. The city would like to preserve the affordable housing. Dave Myler, representing the applicant Bundy Properties LLC, noted this is a non- conforming building and it would be difficult to state they have a right to replace 19 units with 19 of anything. Brenda Wild, manager of the property, told Council the are 24 residents in the 19 units and they are all local employees. Ms. Wild said the units are rented at a reasonable rate. Ms. Wild said the owners are very serious about maintaining the property. Ms. Wild said they spent $30,000 for a water filtration system. Drinking water has been purchased for all the units. The well water is saturated with iron. Ms. Wild showed Council a filter and pictures of brown stains in the sinks. Ms. Wild said they have looked at various options to provide better water and the best option is having the city provide water. Myler said the problem for the owner is the economic consequences of deed restriction of at least 50 percent of the project. This does not justify the water line extension. Myler said the applicant would consent to be annexed but not to be subject to Title 20 housing replacement requirements. Myler reiterated this is a non- conforming use and it would be inconsistent with the neighborhood and the AACP to zone this land multi-family if it were vacant. Non-conforming uses can be continued but cannot be enlarged or replaced. If the city were to require a multi- family structure be replaced in this single family zoned property, they would be 11 Aspen City Council Regular Meeting O ctober 13, 1998 creating an inconsistency. Myler said this is a basis for accepting the applicant’s request to be exempt from Title 20. Myler said there are no plans to redevelop this property in the immediate future. The applicants are spending money to upgrade the property and will continue it in it’s present state. Mayor Bennett opened the public hearing. Evan Korn, tenant for 4 years, said the water is unacceptable. The tenants cannot drink the water and do not feel clean after a shower. Korn requested the city allow this property to tap into city service. Mayor Bennett closed the public hearing. Councilwoman Richards said all owners of apartments in the city are under the requirements of Title 20. Councilwoman Richards said she would like to be able to provide water but does not have a solution of how to do this without conflicting city policies. Councilwoman Richards noted that the County Commissioners have talked about extending the demolition and replacement requirement to the Metro area. Councilwoman Richards said this property derives value from its proximity to Aspen. Councilwoman Richards said she wants to hold on in every way possible to housing units in the valley. Councilman Paulson said when he ran for office, he stated he would do the best job possible to preserve affordable housing. Councilman Markalunas agreed and said if the applicants want water service, they have to be willing to go along with the city’s conditions. Mayor Bennett said he cannot see making a special exception and he holds everybody to the rules. Mayor Bennett said he, too, was elected on a strong affordable housing platform. Councilman Paulson moved to adopt Ordinance #40, Series of 1998, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Markalunas, no; Richards, no; Paulson, no; Mayor Bennett, no. Motion NOT carried. (Mayor Bennett left the Council meeting). RESOLUTION #73, SERIES OF 1998 - Supporting State Amendment B 12 Aspen City Council Regular Meeting O ctober 13, 1998 Mayor Pro Tem Richards said the state cannot spend excess revenues without electorate approval. This would allow the state to retain 1/3 of the surplus revenues to be spend on education and roads. Councilman Paulson moved to approve Resolution #73, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #41, SERIES OF 1998 - Water Rate Increase for Billing Area 5; Establishment of New Area 5-A and ORDINANCE #42, SERIES OF 1998 - Continuation of Water Service to Customers of Highlands Water and Sanitation District Councilman Paulson moved to read Ordinances #41 and #42, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #41 (Series of 1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A WATER RATE INCREASE FOR BILLING AREA 5, THE CREATION OF BILLING AREA 5-A, AND ESTABLISHMENT OF A WATER RATE FOR BILLING AREA 5-A ORDINANCE #42 (Series of 1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTINUATION OF SERVICES AGREEMENT (WATER) WITH THE HIGHLANDS WATER AND SANITATION DISTRICT, WHICH WILL PERMIT CONTINUED WATER SERVICE TO CERTAIN CUSTOMERS OF THE HIGHLANDS WATER AND SANITATION DISTRICT FOLLOWING DISSOLUTION OF THE DISTRICT, AND WHICH WILL SUPERSEDE PRIOR AGREEMENT BETWEEN THE CITY AND HIGHLANDS WATER AND SANITATION DISTRICT, AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR ACQUISITION OF CERTAIN DISTRICT WATER SYSTEM INFRASTRUCTURE were read by the city clerk 13 Aspen City Council Regular Meeting O ctober 13, 1998 Phil Overeynder, water department, told Council this area is bounded by Highlands, Highway 82 on the south, Castle Creek on the west and Maroon Creek on the east. This ordinance is to correct a rate than has been inequitable for the last 17 years. The city’s wholesale charge to Aspen Highlands Water and Sanitation District has been insufficient to recover the costs associated with providing water. Overeynder pointed out that when Council approved the Hines Highlands water service agreement, it was decided the most effective way to service the Highlands base area would be to dissolve the Highlands Water and Sanitation District and have the city provide water service directly. In order to dissolve the District, the District must file a dissolution petition with the Court and have an election of its users. The District must show that it can provide its customers with water from another provider. This ordinance will approve a continuation of service agreement. Council asked that customer be notified of the public hearings of this ordinance and that for public hearing staff present a table showing current rates, rates under the new billing area, and rates if the election to dissolve the District does not pass. Councilman Paulson moved to adopt Ordinances #41 and 42, Series of 1998; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Mayor Pro Tem Richards, yes. Motion carried. Councilman Markalunas moved to adjourn at 9:10 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 14 Aspen City Council Regular Meeting O ctober 13, 1998 CITIZEN PARTICIPATION ................................ ................................ ................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 2 Minutes - September 28, 1998 ................................ ................................ ............. 2 Resolution # 74, 1998 - Accepting New Auditors - McMahan & Assoc. ............. 2 Resolution # 75, 1998 - Approval of Lease Ute Mountaineer/Golf Pro Shop ....... 2 Resolution # 76, 1998 - Castle Creek Condominiums - Annexation ..................... 2 Request for Funds - $500 for Sensible Growth Symposium ................................ . 2 ORDINANCE #38, SERIES OF 1998 - Aspen Meadows SPA Amendment for Music Tent ................................ ................................ ................................ .............. 2 ORDINANCE #40, SERIES OF 1998 - Water Service Agreement Shadowood Apartments ................................ ................................ ................................ ............ 11 RESOLUTION #73, SERIES OF 1998 - Supporting State Amendment B ............. 12 ORDINANCE #41, SERIES OF 1998 - Water Rate Increase for Billing Area 5; Establishment of New Area 5-A and ................................ ................................ ...... 13 ORDINANCE #42, SERIES OF 1998 - Continuation of Water Service to Customers of Highlands Water and Sanitation District ................................ ........... 13 15