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HomeMy WebLinkAboutminutes.council.19920309Regular Meeting Aspen City Council March 9, 1992 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Pendleton, Reno, Richards and Peters present. QUEENSTOWN SISTER CITIES Mayor Bennett read a document authorizing the sister city relation- ship between Queenstown, New Zealand, and Aspen. Councilman Reno moved to endorse the sister city relationship with Queenstown; seconded by Councilman Peters. All in favor, motion carried. Councilman Reno said the sister city committee, going to Queenstown the end of the month, would like to take a state of Colorado and a U. S. flag. They have asked the city for help with the cost of these flags. Councilman Reno moved to take out of the contingency fund monies to provide a U. S. flag and Colorado flag to present to Queenstown; seconded by Councilwoman Pendleton. All in favor, motion carried. PROCLAMATION - George Bauer Mayor Bennett and Council proclaimed March 13, 1992, George Bauer day in Aspen in recognition of his election to the Ski Hall of Fame and for all he has contributed to skiing in Aspen. Council presented the proclamation to Kitty Boone of the Skiing Company. PROCLAMATION - Health and Human Services Week Mayor Bennett and Council proclaimed March 9 to 16 as Health and Human Services Awareness Week. Council encouraged citizens and visitors to support the groups that do so much for this community. Council presented the proclamation to Kate Jangula of Human Services. PROCLAMATION - Sunshine Kids Mayor Bennett said these are the tenth winter games in Aspen. This proclamation acknowledges the efforts to put these games on and the involvement of the Aspen Ski Company and the ACRA. Mayor Bennett and Council proclaimed the week of March 15th as Sunshine Kinds National Winter Games week. Council presented the proclamation to Renee Deutsch. CITIZEN COMMENTS 1. Hal Clifford, editor Daily News , said there is a city law requiring businesses that provide services in the city to have a 1 Regular Meeting Aspen City Council March 9, 1992 business license. Lately the finance department has been enforcing this, and one way is to go through the advertisements in the paper. Clifford told Council the Daily News has been getting calls from clients about this. Clifford said he is concerned that the city staff is looking only in the newspaper, which seems to be discrimi- natory. Loren Jenkins Aspen Times said the way the law is being enforced by using newspaper advertising to go after businesses seems unfair. Amy Margerum, city manager, said staff will look into this and report back to Council. Ms. Margerum pointed out there are also complaints from businesses paying for their licenses that people are coming into town and not contributing to business licenses and sales tax licenses. Councilman Peters agreed the basic premise is legitimate, everyone conducting business in Aspen should pay a business license and sales tax license. 2. Joanna Schaffner, zoning department, reminded Council in January staff created and designed a float for the Winterskol parade to commemorate the 100th anniversary of Armory Hall. This float won "The Most Traditional" award. Ms. Schaffner thanked Chuck Roth, engineering; Dave Tolan, housing; Brian Emmen, data processing; Maria Crook, environmental health; Lee Ledesma, water; Stephen Kanipe, building, Larry Ballenger, water; and from planning Roxanne Eflin, Cindy Houben, Ellen Sassano, Leslie Lamont, Kim Johnson and Matt Johnson. Ms. Schaffner presented the award to Amy Margerum, city manager. 3. Michael Hutton presented a letter to Council requesting funding for his proposal. Council directed him to get on the next Council agenda. 4. Wayne Stricker asked if the public will be able to comment on the swimming pool. Mayor Bennett said this will be done during that topic on the agenda. 5. Bob Edsoken brought up the private parking lots in town that boot and tow cars/ Edsoken agreed people who pay for parking spaces have a right to expect the parking spaces to be available; however, he disagreed with the method used to control the situa- tion. Putting a boot on someone's car and then demanding $50 cash or skis or camera seems sleazy. Edsoken said the signs are not adequate and the end result is hostility and confrontations. Edsoken said bigger signs and adequate lighting at night might help. A gate or chain to indicate this is private parking would help even more. Amy Margerum, city manager, told Council she received a letter from Sheriff Bob Braudis supporting this position. Ms. Margerum pointed out this happens on private property. The city does not have ordinances or regulations telling people how to run their business. Ms. Margerum told Council last year the city attorney sent a letter telling them the city did not 2 Regular Meeting Aspen City Council March 9, 1992 appreciate their practices. Jed Caswall, city attorney, said the property owners are within their rights. Caswall said people may not like this but he cannot find anything improper in the municipal ordinances. Caswall pointed out the city has a sign code and the parking lot signs are within the parameters of the sign code. Councilwoman Richards suggested having planning look at legislation regarding the operation of parking lots in the downtown core. Staff will report back to Council. 6. Phoebe Ryerson said she wants Council to care equally for housing young families. Ms. Ryerson said ranchers and farmers should be able to give their children a portion of their land. 7. Sirous Saghatoslami, Copper Kettle, told Council he met twice with the environmental health department and came up with a program to try and mitigate the noise problem. Saghatoslami told Council he has committed to an extensive program, which he hopes will take care of the problem. Mayor Bennett complimented everyone involved on this process. 8. Kerry Worth asked people in the audience who are in support of continuing the year round swimming pool program to stand up. 13 people stood. 9. Si Coleman said the Caribou Club has an arrangement with the city to use valet parking. There is continuous double parking on Hopkins street. This is right across the street from the fire station and seems to be a safety hazard. Amy Margerum, city manager, told Council she will look into it and report back. 10. Dave Wedley, North of Nell owner, told Council he has owned a unit there since 1968. Wedley has been a frequent caller to the police department about the noise at the Copper Kettle. Wedley said he was glad to hear what Sirous had to say and will be a watch dog and report back to the Council if there is not substantial change. Wedley said this has been a very distressing problem and a black mark on the city. People do not want to come back and stay in that neighborhood. Wedley said he hopes this works. COUNCIL COMMENTS 1. Councilman Peters moved to remove (c) Ute Avenue Improvement District Contract from the consent agenda; seconded by Councilman Reno. All in favor, motion carried. Councilman Peters moved to table Wexner Water Service Agreement to March 23; seconded by Councilwoman Pendleton. All in favor, motion carried. 3 Regular Meeting Aspen City Council March 9, 1992 2. Mayor Bennett said the energy committee will hold a series of public meetings to develop an energy plan for the Roaring Fork Valley. All the public is invited to participate. These will be broken into small groups, like commercial, residential, etc. 3. Councilman Peters moved to table L'Opera unt il March 23, 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. 4. Councilwoman Pendleton told Council there will be another program sponsored by the Aspen Partnership for a Healthy Community. This program will be March 18 at the Hotel Jerome at 8 a.m. given by Kevin of the Scott Newman Foundation on the fatal attraction of selling addiction. 5. Councilwoman Pendleton reminded Council last year the Colorado Water Conservation Board requested the release of an additional 10,000 acre feet from Ruedi for a 15 mile stretch of river for the endangered species program. Councilwoman Pendleton said this was supposed to be a one-time idea. Councilwoman Pendleton said the Ruedi Water and Power Authority has spoken to a lot of other groups and has tried to work out ways to not use Ruedi releases just for fish and wildlife, like lining the ditches or buying other water rights. Councilwoman Pendleton noted the report says the additional 10,000 acre feet release did not have any impact on the recreation and hydropower at Ruedi. Fish and Wildlife says the release did have an impact on the water flows, but did not come up with any proof it did anything for the fish. Councilwoman Pendleton said the feeling she gets is that there will never be enough water for the people down stream. Councilwoman Pendleton told Council the people at the Water Board are sympathetic to Ruedi Water and Power Authority. Ruedi WAPA has talked about picking up the payments for Ruedi from the BOR, looking at buying water rights, etc. Councilwoman Pendleton said they are working on getting positive responses. 6. Councilman Reno said this week is Winternational week. There will be an ice show with Dorothy Hamill skating with Aspen figure skating kids at the ice rink March 14 and 15. 7. Councilman Reno congratulated the boys high school basketball team. This is the first year they have made it to the regional finals. Councilman Reno also congratulated the Aspen Avalanche hockey team; they are going to the state finals. Councilman Reno thanked Grassroots for filming both sports events and showing them right away. 8. Amy Margerum, city manager, said the Roaring Fork Forum is having a strategy planning session for projects in 1992. Council 4 Regular Meeting Aspen City Council March 9, 1992 said April 23 would be the best date for that meeting. 9. Amy Margerum, city manager, said the city received sales tax figures for December; the general fund sales tax is up 5 percent over what was budgeted. Staff called the state to get preliminary sales tax figures for January, these are up 6 percent over budget. 10. Amy Margerum, city manager, said there will be a meeting with the Colorado Department of Transportation in Denver. Staff and Council will be going to talk about Highway 82 and the memorandum of understanding. Councilmembers Pendleton, Reno and Peters said they can attend. 11. Amy Margerum, city manager, told Council staff is publishing requests for qualifications to begin work on the safety and ADA improvements for city hall. The city should have bid documents in about 2 weeks. 12. Amy Margerum, city manager, introduced Tim Anderson, the new recreation director. 13. Amy Margerum, city manager, thanked Tom Dunlop and Barbara Umbreit of the environmental health department for their work on the idling vehicle and noise ordinance. They have done public service notices on these. Ms. Margerum also thanked Dallas Everhart and Rob Umbreit for putting together the budget document. The entire finance department deserves credit. 14. Amy Margerum, city manager, requested an item be added to the consent agenda. Bill Efting, assistant to the city manager, told Council Fall Line production has been storing their vehicles behind Aspen Savings and Loan and at the parking plaza. This has caused congestion problems. Efting requested these vehicles be stored at the golf course parking lot. Efting told Council he has discussed this with the golf superintendent, the housing authority, and the Nordic Council. Everyone is willing to give it a try. Councilwoman Pendleton moved to add to the consent agenda a license to occupy for Fall Line productions at the golf course parking lot; seconded by Councilman Reno. All in favor, motion carried. Mayor Bennett brought up the overlay work the state highway department is planning to do on Main street and asked if this work can begin earlier so it will be done earlier. Mayor Bennett said this has to be complete by the 10th of June or it will interfere with the Design Conference, Wine Classic, etc. Councilwoman Pendleton brought up the possibility of something at Galena and Main other than the "stop for pedestrians" sign in the 5 Regular Meeting Aspen City Council March 9, 1992 cross walk. Jed Caswall, city attorney, said the highway depart- ment was willing to construct an arm stop light at this intersec- tion. The then-Council was opposed to it. Mayor Bennett suggested this be brought up at the next agenda. Councilwoman Richards said the overlay on county roads falls apart very quickly. Councilwoman Richards said she is concerned about the asphalt overlay on the city streets. Councilwoman Richards suggested they consider using concrete. Mayor Bennett said this can be discussed when Council meets with the CDOT. CONSENT AGENDA Councilwoman Pendleton moved to approve the consent calendar as approved; seconded by Mayor Bennett. The consent calendar is: A . Minutes - February 10, 24, 1992 B . Contract for Wheeler Improvements C . Winternational/Winter Club Events D . License to Occupy - Fall Line Productions All in favor, motion carried. NOTICE TO SHOW CAUSE - China Club John Worcester, assistant city attorney, told Council Beth Ufkes, Aspen Police Department, has filed a complaint against the China Club. There has been a separate complaint filed by the fire inspector. The 3 alleged violations in Ms. Ufkes complaint are that the licensee failed to apply to the liquor authority for a transfer of ownership; failed to report change in financial interest within 30 days, and failed to report change of managers within 30 days. Worcester said the liquor authority should review the investigative file to determine whether there is probable cause to hold a hearing. Councilman Reno noted that the fire inspector's complaint uses the word "approximately" and asked if there is a more definitive word. Worcester said the burden of proof is a matter for the authority to decide. Councilman Peters moved that based on the investigative file presented to the licensing authority and the lack of disputation by the license holders, the authority should hold a show cause hearing for the China Club March 23, 1992; seconded by Councilman Reno. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the renewals for the Hickory House and Crystal Palace and a temporary renewal for Poppy's Bistro Cafe; seconded by Councilwoman Richards. All in favor, motion carried. 6 Regular Meeting Aspen City Council March 9, 1992 RESOLUTION #12, SERIES OF 1992 - Williams Ranch Annexation John Worcester, assistant city attorney, told Council this public hearing is only to determine compliance with provisions of the Municipal Annexation Act and the statutory requirements. If Council find compliances with these regulations, staff has prepared a resolution setting forth the findings. Gary Wright, representing the applicant, presented a Williams Ranch annexation plan map. Wright reminded Council the annexation statutes require at least 1/6 common border. This plat indicates 40.9 percent contiguity. Wright said this annexation covers a portion of the Smuggler Mine and is less than 20 acres. There is no other annexation request being processed at this time. This annexation does not affect any school districts; it extends the city boundary by 650 feet. No portion of a platted alley or street is included. Wright told Council a title commitment was filed with the annexation application indicating this parcel has been under common ownership for decades. Kim Johnson, planning office, told Council the annexation element of the comprehensive plan mentions the Smuggler area as a potential area for annexation because of large unsubdivided properties. The city has been frustrated over lack of control over fringe areas outside the city, and annexation would give the city the opportuni- ty to participate in any development proposals. Wright told Council the applicants have met with the housing authority, the city P & Z and the BOCC all for work sessions. Wright said the objective of this annexation is AH zoning; the applicants would like a work session with Council on the affordable housing and free market development. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters asked about this being a separate or smaller part of a larger parcel. Wright said the Smuggler Durant corporation owns a 42 acre parcel; the annexation request is for 12.63 acres which is one separate parcel. The remaining parcel would stay in the county with one building right. Councilman Peters asked if this qualifies under the splitting up of parcels. Worcester said the statute attempts to prevent people from splitting up lots or parcels for the purpose of annexing less than a parcel. Wright told Council the Smuggler Durant purchased this portion separately. Worcester said if there is any question, Council can table this resolution to the next Council meeting. Councilman Peters moved to table Resolution #12, Series of 1992, to 7 Regular Meeting Aspen City Council March 9, 1992 March 23 for the purpose of discussing only item #3; seconded by Councilman Reno. All in favor, motion carried. Councilman Peters said he is not interested in a work session. The applicant has to satisfy the housing authority on the mix and size of units and the P & Z on the density, scale and bulk. Council would only be duplicating these efforts. Councilwoman Richards suggested Council be informed when the housing board and P & Z meetings are and Council can attend if they want. ORDINANCE #12, SERIES OF 1992 - PUD Winter Garden Ice Rink Diane Moore, planning director, told Council this is final approval for PUD amendment and final plan approval, subdivision approval, GMQS exemption for an essential public facility. Ms. Moore reminded Council at their last meeting they raised concerns about the size of the rink, that it was too small to adequately serve the community. Ms. Moore submitted the conceptual plans and minutes of earlier meetings. The city indicated then they wanted the encroach ment into Durant avenue eliminated; the r estaurant eliminated or made smaller, concern over GMQS competition for the restaurant, more park surrounding the ice rink. Ms. Moore pointed out the applicant responded to these concerns with a smaller ice rink and more landscaping on site. Ms. Moore submitted a letter about maintenance of the park and the replanting plan. Perry Harvey, representing the applicant, told Council this parcel is located directly across Durant street from Rubey park transit center and the Grand Aspen to the south. Harvey noted the conceptual plan had a larger rink with larger restaurant and a larger building for skate rentals, waiting area, etc. In response to concerns of the city, the applicant reacted by putting in 4 accessible pedestrian accesses from the 4 corners to the plaza. The rink has been reduced to about 4,000 square feet; Rockefeller Center is 6300 square feet. The city's rink in the ice garden is close to a full hockey rink. When the encroachment in Durant was eliminated, in order to give access around the rink for pedestrian movement, the rink had to be reduced. The plan calls for a sloped- lawn area that can be used as on overlook for activities going on in the plaza. Harvey told Council there is a direct correlation between the size of the buildings for the support equipment and the size of the rink. Harvey told Council the applicants reduced the size of the equipment for making the ice, eliminated the shade structure as they can maintain a smaller rink, the support building is smaller to accommodate 50 to 75 people, and the restaurant is eliminated. Harvey said in order to enlarge the rink, the buildings have to be enlarged. There is a drop off zone, an overlook on Durant street 8 Regular Meeting Aspen City Council March 9, 1992 to attract people. There are some spruce trees to damper the impact of the building and the air handling equipment. There are 8 light standards to illuminate the rink. Sidewalk, curb and gutters are being provided all around the site. Harvey showed the floor plan of the skate rental building; bathroom facilities, skate rental and storage, ticket sales, offices, and a waiting area. Councilman Reno asked if the rink were 10 or 15 percent bigger, would the support buildings have to be bigger. Harvey said they could increase the rink about 15 percent without having to upgrade the equipment. Harvey said in the spring, there may be days when the rink will not be open during the afternoon because they could not cool the ice. Harvey said the skate rental, waiting room building would have to be bigger if the rink were enlarged. Councilwoman Pendleton said the Council is at final approval of something that does not resemble what was discussed at conceptual. Ms. Moore agreed the minutes never say to reduce the size of the rink; however, the comments probably lead the applicants to produce a smaller rink. Councilwoman Pendleton said the rink has been reduced by more than 50 percent and it is an oval rink rather than a rink with corners. Councilwoman Pendleton said there is a big jump from food service facility to a few vending machines. Councilwoman Pendleton said a rink this size needs half the cooling system. Councilwoman Pendleton asked if the smaller rink is a result of money or of P & Z comments. Councilwoman Pendleton said she is disturbed because this has gone through an entire process and the end result is entirely different. The reduction in size represents a lot of money. Councilwoman Richards agreed this rink is too small. Councilwoman Richards asked if the rink became too crowded, would preference be given to Ritz guests. Harvey said this will be first come first serve. Councilwoman Richards said she feel food service is important to the success of the rink. Councilwoman Richards said she thought this was going to be a year-round ice rink. Councilman Peters said he feels this is a compromise. The commercial space is gone. It looks like the space could work well in the summer and the winter. Councilman Reno agreed from a visual and aesthetic standpoint this would come off well. Councilman Reno said he is concerned about the size of the rink strictly for use purposes. Councilman Reno said he would like to see the rink bigger because it may get too crowded. Mayor Bennett said he is concerned the rink is too small. It looks great from a design standpoint, but it may be too overwhelmed as an ice rink serving the public at the bottom of Aspen mountain. Mayor Bennett said he would like to see this extended to the west about 10 to 20 feet. 9 Regular Meeting Aspen City Council March 9, 1992 Harvey told Council the original submission was about 30 percent more expensive. The two elements of this were cost of construction and cost of operation. Harvey said having a restaurant would defer some of the operational costs. Harvey told Council in the PUD agreement, Savanah stated they will never go back through growth management to request more density and development on the PUD properties than that outlined in the PUD agreement. The applicant stated they would like the restaurant exempt from GMQS; the planning office did not support this and the applicant had to either go through GMQS or take this out of the approved FAR on another lot. Harvey said in order to get more green area, the shade structure also went. Harvey pointed out with the current design there is almost no economic support. Increasing the rink would increase the costs of construction as well as the operating costs. Harvey reminded the Council the PUD schedule is getting very tight. The applicants made this submission on September 25, 1991. It will be the end of March before this is complete. Harvey said the applicants want the park and rink done when the hotel opens. Staff showed a video of a rink the same size at Squaw Valley. Dick Butera told Council there is a person who would like to build an ice rink for the city on Wagner park. Butera told Council David Koch has hired Design Workshop to do the designs, has hired an ice rink expert and is spending money to work on this. Butera told Council they are looking at a hockey sized rink at the north end of Wagner park, where there are already commercial buildings. Butera told Council they have looked at an ice rink that can be rolled up so the park can be used on the summer for baseball and rugby. Butera said there is an aluminum rig that is put on a base. This will be stored in the summer and the grass re-planted. Butera told Council if the rink at the Ritz is not built, they will take that money and put it into an endowment for operating costs of the ice rink in Wagner park. Butera told Council they have also looked at putting a big rink on the Ritz site. This would have some building associated with it. Butera said Wagner park slopes 7 feet from one end to the other. Koch would regrade and rebuild the park. There would be a 6 foot cut on one end, which could make a landscaped seating area. Mayor Bennett said this is an extraordinary offer. Councilman Peters said he would like to hear from staff on what is an appropriate land use area for Wagner park. Councilman Reno said Wagner park has been mentioned as a second possible site for underground parking. Butera pointed out this is a roll up facility which will go up every year. Butera said the locals will get more benefit from this ice rink. Councilwoman Pendleton asked how a 10 Regular Meeting Aspen City Council March 9, 1992 portable facility will stay cold enough to keep ice. Jim Malon told Council they have experience putting facilities at high altitudes. There are problems if there are substantial high temperatures in the winter. Councilwoman Pendleton said she does not want to add another burden to the city of another public facility which is a maintenance nightmare. Butera told Council the numbers come out that with the money that Harvey saves if he does not have to build an ice rink plus the rentals, it does cash flow positively. Butera said if only one rink is built in a joint effort, there will be no burden to the city. Councilwoman Richards said there are a lot of positives in this proposal. Councilwoman Richards said the equipment storage and skate rentals have yet to be worked out. There is a lot of food service already around the site. This would enhance the resort as well as the community. Councilwoman Richards said she would not be totally adverse to subsidizing a public purpose that would benefit the children and the economic viability of the community. Councilman Reno asked what would happen to the Ritz land. Harvey said he would suggest a lump sum gift of savings on the rink to the city as an operating endowment. The Ritz land would be redesigned as a park with a plaza and paths through it and maintain it as a park. Amy Margerum, city manager, said she is concerned about the October 2nd deadline. Ms. Margerum said if Council is interested in having the city further explore the ice rink in Wagner park, they could require Savanah to develop this parcel as a park by October 2nd with a condition if an ice rink is not developed in X amount of time, this could be revisited. Staff is concerned about the operations and cost of those and would like assurances these costs would be covered. Ms. Margerum said staff feels this would be a good deal for the community. Councilman Reno said he does not want to push the PUD dates back. Councilwoman Pendleton said she would be willing to spend some time talking about this as long as both processes keep going forward. Mayor Bennett asked staff to research some of the questions in the Wagner Park proposal with a goal of coming to Council with a list of pros and cons. Councilman Peters requested staff look at the Dean street location for the large ice rink. Councilwoman Pendleton moved to table Ordinance #12, Series of 1992, to March 23, 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #13, SERIES OF 1992 - Benedict Building Vested Rights Kim Johnson, planning office, told Council this is condominiumi- zation of an existing structure that currently houses professional 11 Regular Meeting Aspen City Council March 9, 1992 offices and 1 one-bedroom free market unit at the east end of Ute Avenue. Ms. Johnson told the residential unit will be deed restricted to resident-occupancy. The Benedicts have offered to dedicate a fisherman's easement along the Roaring Fork River. Ms. Johnson recommended Council approve this ordinance with conditions. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if there is adequate parking. Sunny Vann, representing the applicant, told Council the parking spaces are not delineated so he does not know how many there are. This building was built in 1974 and may be a non-conforming use in the zone district and may be non-conforming for current parking requirements. However, the condominiumization procedure does not require parking mitigation to condominiumize the building. This is only changing the form of ownership of the building, not expanding the building. Councilman Peters said the restriction of the resident-occupied unit should be to housing authority guidelines; this language should be added. Councilman Peters moved to adopt Ordinance #13, Series of 1992, as amended on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #15, SERIES OF 1992 - Hume Lot Split Councilman Peters moved to read Ordinance #15, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #15 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION FOR A LOT SPLIT, 330 LAKE AVENUE, LOTS 5,6,7,8 AND 9, BLOCK 103, HALLAM SUBDIVISION, CITY AND TOWNSITE OF ASPEN was read by the city clerk Leslie Lamont, planning office, told Council this land is approxi- mately 1 acre. The zoning is R-6 and requires a minimum of 6,000 square feet per parcel. Future development on the second lot would require pertinent reviews, like the Hallam Lake ESA overlay. Because this is a lot split, an accessory dwelling unit is required. This is a conditional use at P & Z. Councilman Peters said there is a condition about upgrading the ditch and relocating the fence. Councilman Peters said this property has so much character, he would hate to see anything happen to it and recom- mends striking that condition. Ms. Lamont told Council staff is requesting a wider easement to increase for maintenance purposes. 12 Regular Meeting Aspen City Council March 9, 1992 Councilman Peters said he only wants to strike "relocating the fence". Council agreed. Councilman Peters moved to adopt Ordinance #15, Series of 1992, on first reading as amended above; seconded by Councilman Reno. Roll call vote; Councilmembers Richard, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. 13 Regular Meeting Aspen City Council March 9, 1992 MOORE POOL FUNDING OPTIONS George Robinson, leisure services director, reminded Council the Moore pool was funded through October. This funding included $4400 to remove the vinyl cover, not the super-structure. Staff went to BOCC on February 11 to ask them to reconsider allowing the city to leave the super-structure up. The BOCC denied that. Robinson told Council it will cost about $22,000 to take the pool structure down and to re-install it. Robinson said the original cost of the pool structure was $95,000; installation for the pool cover was $17,000; preparation for the cover $45,000, excluding in-kind contributions. Robinson told Council staff received bids to remove the support beams. These would have to be stored somewhere. The structure was warranted for 5 years; the estimated life of the cover is 5 years. Every time this structure is taken up and down it will have wear and tear on it and decrease the life expectancy. Amy Margerum, city manager, said staff can request the BOCC reconsider their decision within 30 days. Robinson said the city could put up landscaping to help soften the structure. The city could also paint the structure. Staff could look at taking only part of the structure down. Robinson said staff would need an extra $5,400 to take the cover down this year. Ms. Margerum told Council $4400 was already budgeted to take the cover down; the additional $5400 would only be to take the structure down in May; there would be no money to put this back up. Ms. Margerum said staff could take the structure down in May and come back to Council in the summer with a long range plan for the pool. Robinson told Council to take the fabric and super-structure down is $9880; to put it back up cost about $2500 more than to take it down, which is $22,000 for taking the structure down and replacing it. Councilwoman Pendleton said she would like to appeal to the BOCC to see if they will change their mind. Councilwoman Pendleton said she would like to get the county, the users, the Maroon-Castle homeowners together to see if something can be worked out. This is an amenity for everyone in the community. Councilman Peters said he has supported the pool from the beginning as a necessary community project. Councilman Peters said the reason the city went with the supported structure is that it would not collapse under snow as an inflatable structure would; it would leave an apron around the pool for instruction and lessons; and the diving board could still be used. Councilman Peters said it costs more to install and take down than the city anticipated. Councilman Peters said no one seems to have sympathy for the city, who is providing an amenity to city and county residents. Councilman Peters said he will not support throwing away $20,000 annually. Councilman Peters recommended the city take the cover down, ask the county to 14 Regular Meeting Aspen City Council March 9, 1992 reconsider, and sell the pool cover if the county does not reconsider. Mayor Bennett suggested directing staff to contact the county and express concern over the waste of money and to hold off any action until there can be a user and neighborhood meeting to see if there is a common ground. Councilman Reno said this community has a lot of creative people who might be able to work alleviate the visual impacts of the pool cover. Councilwoman Richards suggested asking the county to become partners in funding the pool program. The city currently funds all the recreation programs for the city and county, except for the Nordic trails. Councilwoman Richards pointed out the city is helping fund health and human services. Councilwoman Richards asked staff to look at the number of county residents that are in swimming, hockey, gymnastics, etc. Ms. Margerum said the pool use is about 60 percent outside the city. Councilman Peters said he is not going to vote one cent to take the cover down and put it up. Council agreed this is a waste of money. Ms. Margerum said staff will set up a community meeting and will also ask the BOCC to reconsider their decision about the pool cover and not to take any action until the community meeting is held. IMPROVEMENT LOAN FOR SMUGGLER MOUNTAIN APARTMENTS Jim Curtis, housing authority, reminded Council the improvements for this building have been planned and budgeted from the day the city, county and housing authority began to manage this complex. The work to date has been on time and on budget. Curtis told Council when the housing authority approached the banks, they were of the assumption an assignment of rents would be sufficient to collateralize the loans. The loan committee said the housing office would need a first deed of trust on the building. Curtis said the city and county have the same Charter provisions, which require an election to accomplish this. One reason the housing authority was set up was to be able to obtain financing and place mortgages on buildings. Curtis said the simplest way to deal with this is for the city to give a 3 year loan amortized over 15 years. When the EPA/Smuggler issue is resolved, the title can be transferred to the housing office, who can get a mortgage on the building, and pay back the funds to the city. The loan would be to the housing authority, who would sign a promissory note paying the loan from the proceeds of the operations of the building. Curtis pointed out the housing office retained these proceeds in the approved housing authority budget. Councilman Peters said the city has a 10 year child 15 Regular Meeting Aspen City Council March 9, 1992 care/housing tax. In 10 years the housing and child care needs will remain. Councilman Peters said his goal is to set up a trust to help fund the child care task force. The principle will be gone unless the money is invested. Councilman Peters requested staff do research on setting up this trust. Dallas Everhart, finance director, said Council should also recognize revenue and expense in the housing authority's budget. This was not included on the original budget. Councilwoman Richards asked if it would make more sense to make this a 5 year loan with the understanding that as soon as the EPA/Smuggler is resolved and separate financing can be obtained, that the note would end. Councilman Peters moved to approve the $70,000 loan for improve- ments at the Smuggler Mountain apartment, 9 percent interest, 5 year term amortized over 15 years, to be paid off within 12 months of the resolution of the EPA superfund issue and to amend the housing authority's budget to reflect the income of the loan and the expense of the improvements; seconded by Councilman Reno. All in favor, motion carried. MEMORANDUM OF UNDERSTANDING - Highway 82 Diane Moore, planning director, went over the changes from the original draft. Ms. Moore said one issue Council asked staff to look into was having the DOT construct a paved trail on the north side of highway 82, to see whether this would work for the Nordic trails. Ms. Moore said the Nordic council would like to see this provided. The other issue is whether the city should accept ownership and maintenance of the old Castle Creek bridge. In the MOU, it state the ownership and maintenance should be the responsi- bility of the DOT. Ms. Moore pointed out on page 4 the MOU is changed to state all mitigation measures must be approved and accepted by the city. Page 5 states the DOT will "vacate" the existing highway. This language does not credit them for the open space replacement. Added to the MOU, was the DOT shall reconfigure the Cemetery Lane and highway 82 intersection so as to align Cemetery Lane in a manner satisfactory to the city. The permanent easement width was changed to 108 feet width to incorporate the additional median width discussed by Council. Under the summary of open space land replacement, the city left in 3.8 acres for Zoline. The acreage of the Marolt/Thomas parcel has been left blank because the median is widened to 16 feet which will necessitate more acreage. Castle Creek drainage has not yet been identified by the state. The total replacement figure of 6.8 acres 16 Regular Meeting Aspen City Council March 9, 1992 will change if the Zoline parcel is subtracted. Under footnote 4, Marolt/Thomas parcel, DOT shall not credit vacated highway's open space was added. Under trail mitigation on page 8, staff added a paragraph DOT shall construct a new paved trail on the south side of the new highway 82 alignment extending from the old Maroon creek bridge to the Maroon and Castle creek intersection. The next paragraph, DOT shall construct an addition- al paved pedestrian underpass under highway 82 at or near the driveway entrance to the golf course, was also added. Page 9 there is an added paragraph, DOT shall only utilize its existing right-of-way or easement to inspect or repair the bridge or such temporary easements as may be granted by the city and they shall restore and repair any city-owned trails or trail easements disturbed. Under new Maroon Creek bridge, language was added "DOT shall identify and confirm all funding sources and provide a construction schedule acceptable to the city ". Under old Castle Creek bridge, two sentences were added that ownership and mainte- nance of the Castle Creek bridge shall be maintained by the DOT. Under highway median widths, two paragraphs were added addressing 16 foot wide medians from the Maroon/Castle creek intersection to the west end of the Castle creek bridge. Ms. Moore pointed out staff did not specify planters in this section. Council requested language "the potential for planters in this strip" be added. Under easements on page 10, language was added stating the city shall grant and convey DOT permanent easements as described above. Page 11, miscellaneous, "must approve all final bid packages applicable thereto" was added. Under reservations, "additionally the city shall not be obligated to execute any written agreements implementing or finalizing the understandings . . . " Councilwoman Richards asked about the acreage at the Plum Tree playing fields. George Robinson, leisure services director, told Council this is 2.5 acres without parking lots. Councilwoman Richards said she does not know whether a traffic light or an underpass at the golf course would be more use. Councilwoman Richards suggested language in the MOU which would allow either an underpass or traffic light. Jed Caswall, city attorney, told Council DOT has taken a position that the city was under an obligation for a number of years to improve that intersection. Council agreed to try either an underpass or stop light. Councilwoman Pendleton said she does not think the MOU is specific enough to instruct the DOT to fix the deck of the Maroon Creek bridge. Caswall pointed out there is language in the MOU under old Castle Creek bridge which language can also be used for the Maroon Creek bridge. Council agreed. Councilwoman Pendleton said she 17 Regular Meeting Aspen City Council March 9, 1992 would like the MOU to convey the city is not talking about cheap, pink-stamped concrete medians. Council agreed to ask "to the satisfaction of the city". Si Coleman asked if it wold be appropriate for the city to add something about air use, which is a very significant factor. Coleman told Council the Clean Air Board met with the transporta- tion committee. There was an agreement the impact of the highway on the air will seriously effect the city's ability to come into compliance with the PM 10 requirements. Councilman Peters said there is language in the MOU stating all agreements are predicated upon an adequate final EIS, which should contain the approach to clean air standards. Coleman said the air quality problem should be acknowledged. Councilwoman Pendleton said the reason to go to Denver is to lay out the things the city wants to see done before the EIS is started. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:20 p.m.; seconded by Councilman Reno. All in favor, motion carried. Councilman Peters moved to direct staff to convey the Memorandum of Understanding as amended to the Colorado Department of Transporta- tion; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #16, SERIES OF 1992 - Appropriations Councilwoman Pendleton moved to read Ordinance #16, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #16 (Series of 1992) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $38,300; APPROPRIATING GENERAL FUND EXPENDITURES OF $331,548; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $8,600; RECOGNIZING PARKS AND OPEN SPACE FUND REVENUES OF $1,133,100; APPROPRIATING PARKS AND OPEN SPACE FUND EXPENDITURES OF $2,181,100; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $22,361; APPROPRIATING ASSET REPLACEMENT FUND EXPENDI- TURES OF $2,000; RECOGNIZING PARKING IMPROVEMENTS FUND REVENUES OF $7,000; APPROPRIATING PARKING IMPROVE MENT FUND EXPENDITURES OF $24,000; APPROPRIATING HOUS ING/DAY- CARE FUND EXPENDITURES OF $120,000; RECOGNIZING 1992 IMPROVEMENT DISTRICT PROJECTS REVENUE OF $291,000; APPROPRIATING 1992 IMPROVEMENT DISTRICT PROJECTS EXPENDI TURES OF $291,000; APPROPRIATING WATER FUND EXPENSES OF $153,753; APPROPRIATING ELECTRIC FUND 18 Regular Meeting Aspen City Council March 9, 1992 EXPENSES OF $41,636; APPROPRIATING GOLF COURSE FUND EXPENSES OF $3,225; APPROPRIATING TRUSCOTT PLACE HOUSING FUND EXPENSES OF $32,250; APPROPRIATING MAROLT RANCH HOUSING FUND EXPENSES OF $20, 318 was read by the city clerk Councilman Peters moved to adopt Ordinance #16, Series of 1992, on first reading; seconded by Councilwoman Richards. Dallas Everhart, finance director, told Council a majority of items in this ordinance are 1991 carry forwards; the projects or specific expenses were approved in 1991 but not completed. The budget has to be reappropriated each year. Everhart said with the exception of Jenny Adair, all items are within the 1991 approved budget. Jenny Adair was approved for $25,000 in 1991; staff is asking for approval of $33,000 in 1992. The additional $8,000 can come from savings in other capital projects. Everhart pointed out some of the water projects are less than the approved budget; there are restrictions on water capital projects that require city manager approval. This money may not all be spent. Everhart said new items Council has not seen are $20,000 for parking ticket revenues and towing expenses and $8100 for work processed through parks and open space, which will be repaid by the county. Everhart told Council he will add approved expenditures for the Upper Ute Avenue improvement district before second reading. Everhart noted the $127,834 for city hall were approved last year; staff has not appropriated the $540,000 in the capital fund. Councilman Reno asked about the carry over funding for Cemetery Lane fund. Councilman Reno said he did not think the city was spending any more money until they got information on the status of the Cemetery Lane undergrounding project. Bob Gish, public works director, told Council there was a contract with Schmeuser for work associated with the underground district. Amy Margerum, city manager, said the city has heard back from U. S. West, whose response was inadequate. The city is in a waiting period and is not spending money because it is not known what will be done. The money will be spent consistent with Council's approval of the district. Everhart said staff will report back at second reading and Council may delete it if they want. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 9:20 p.m.; seconded by Councilman Reno. All in favor, motion carried. 19 Regular Meeting Aspen City Council March 9, 1992 Kathryn S. Koch, City Clerk 20 Regular Meeting Aspen City Council March 9, 1992 QUEENSTOWN SISTER CITIES 1 ................................ ....... PROCLAMATION - George Bauer 1 ................................ .... PROCLAMATION - Health and Human Services Week 1 .................. PROCLAMATION - Sunshine Kids 1 ................................ ... CITIZEN COMMENTS 1 ................................ ............... COUNCIL COMMENTS 3 ................................ ............... CONSENT AGENDA 6 ................................ ................. NOTICE TO SHOW CAUSE - China Club 6 .............................. LIQUOR LICENSE RENEWALS 6 ................................ ........ RESOLUTION #12, SERIES OF 1992 - Williams Ranch Annexation 6 ..... ORDINANCE #12, SERIES OF 1992 - PUD Winter Garden Ice Rink 8 ..... ORDINANCE #13, SERIES OF 1992 - Benedict Building Vested Rights 11 ................................ .................... ORDINANCE #15, SERIES OF 1992 - Hume Lot Split 12 ................. MOORE POOL FUNDING OPTIONS 13 ................................ ..... IMPROVEMENT LOAN FOR SMUGGLER MOUNTAIN APARTMENTS 14 .............. MEMORANDUM OF UNDERSTANDING - Highway 82 15 ....................... ORDINANCE #16 , SERIES OF 1992 - Appropriations 17 ................. 21