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HomeMy WebLinkAboutminutes.council.19930628Regular Meeting Aspen City Council June 28, 1993 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Waggaman, Richards, Paulson and Reno present. CITIZEN COMMENTS 1. Dan Blankenship, RFTA, and Tom Stephenson, police chief, told Council the city and RFTA plan to operate a bus lane on the 4th of July. The concept is to give priority access to buses going out of town. Hopkins between 3rd and 7th will be buses only and there will be police personnel to stop traffic and allow them onto highway 82 at 7th. This will be for all buses going out of town. RFTA is going to add 8 extra buses for the 4th of July. These will leave as soon as they fill up. Blankenship said RFTA will do a fairly extensive marketing campaign. Council said this is a good idea. 2. Bob Hughes requested Council reconsider waiving the water tap fee for the affordable portion of the Billings property. Jed Caswall, city attorney, told Council Ordinance #8, 1990, allows Council to exempt tap fees for 100 percent affordable housing. When projects are mixed or are a mitigation for a free market development, the water tap fee must be paid. The applicants felt this project was sufficiently different as it came from some of the residents that the policy would not apply in this situation. Mayor Bennett said as he has a conflict in this case, Council should appoint a Mayor Pro Tem. Councilwoman Richards moved to nominate Augie Reno as Mayor Pro Tem; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards said she would like to stick by the policy that only 100 percent affordable housing projects get their water tap fees waived. Hughes said this project is unique because it could have been all free market units due to reconstruc tion credits. Amy Margerum, city manager, said that the Billings project is not technically an affordable housing project. Leslie Lamont, planning office said the units are not zoned affordable housing but are zoned RMF. Council was not interested in waiving the water tap fees. COUNCILMEMBER COMMENTS 1. Councilman Paulson told Council he just spent time in New Mexico. The traffic problems in Taos with a two-lane road going right through the middle of town are 3 times worse than Aspen. People in Taos said Aspen should keep working on their transporta- tion problem, that a four-lane without answers to getting people out of their cars is not an answer for Aspen. 1 Regular Meeting Aspen City Council June 28, 1993 2. Councilwoman Richards told Council RFTA will be makin g expenditures out of their reserve funds to get geared up for additional service. Councilwoman Richards said Council should have a work session with RFTA in the next two months about winter transportation. Ralph Tripani, Colorado Department of Transporta- tion, will present computer modeling on the highway EIS of July 9th. 3. Councilwoman Richards commended the streets department for the paving job on Mill street. Councilwoman Richards requested staff look at Aspen, Garmisch and Monarch streets. 4. Cou ncilwoman Richards said she would like Council's concur- rence on having the planning department look at redevelopment rights. Currently a 300 square foot studio can be used as a redevelopment right for a 10,000 square foot house. Councilwoman Richards said she would also like staff to look at the standards for subdivision to see if they can be the same standards for mitigation of projects that go through GMQS. Amy Margerum, city manager, said she will talk to staff as the work load with the implementation of the Aspen Area Comprehensive Plan is very heavy. Councilman Reno agreed he would hate to detract from that work. 5. Amy Margerum, city manager, reminded Council to select a member to represent them at the Roaring Fork Transportation Oversight Group. 6. Amy Margerum, city manager, announced Rachel Richards was elected vice-president of Colorado Association of Ski Towns. 7. Amy Margerum, city manager, told Council the Parks and Recreation master plan public hearings are June 29th at noon and 5 p.m. 8. Amy Margerum, city manager, said Council scheduled a work session August 16th on the asset management plan. Staff will be meeting with the Blue Ribbon Committee prior to that so Council can hear their recommendation. CONSENT CALENDAR Mayor Bennett removed (g) Uniform Code Enforcement Policy from the consent calendar. Councilman Reno moved to approve the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: A . Resolution #44, 1993 - Temporary Municipal Judge/Coeburgh B . Resolution #45, 1993 - 409 East Hopkins 2 Regular Meeting Aspen City Council June 28, 1993 C . MEAN Appointment D . Board Appointments E . Resolution #47, 1993 - Amending NWCCOG Articles of Participation F . Request for Funds - Transportation All in favor, motion carried. LIQUOR LICENSE OPTIONAL PREMISES - Tenth Hole Bar & Grill Rachel Richards asked how the applicants intend to control the premises. George Schmerhorn said all operators will attend the alcohol awareness class. Schmerhorn said he does not feel over- serving on a golf course will be a big issue. The cart will serve soft drinks, food and beer to provide a service to golfers. Schmerhorn said the cart will not start operating until 10:30 a.m. Junior golf is over by 10 a.m. Schmerhorn told the authority they have been at the golf course for 7 years. Many golf course have refreshment carts. Schmerhorn said they will also get cooperation from the starter and the ranger. Chairman John Bennett opened the public hearing. Si Coleman asked why this type of license would not be used to license the entire downtown. Jed Caswall, city attorney, said this only applies to a sport and recreational facility that already has a hotel and restaurant liquor license. Bennett closed the public hearing. Reno moved to approve the optional premises license to Thin Air Foods d/b/a Tenth Hole Bar and Grill; seconded by Waggaman. All in favor, with the exception of Paulson; motion carried. RESOLUTION #38, SERIES OF 1993 - Aspen River Friends Contract Councilwoman Waggaman said she has been involved in this trail resolution for years as an adjacent property owner. Council indicated they did not feel Councilwoman Waggaman had a conflict. Leslie Lamont, planning office, told Council about 2 years ago the city parks department started planning additional trails along the river to realize the goal of a pedestrian/bike path along the Roaring Fork River within the city. The city built a new trail under the Mill street bridge; replaced the east Hopkins street bridge and requested stream margin review for 4 bridges; Picnic Point in the Meadows, Betty Grindlay bridge near the Meadows, Castle Creek Bridge connecting the city conservation property in the Meadows, and the Ute Place Bridge. The first two bridges have been installed. The Castle Creek bridge is waiting for a wildlife 3 Regular Meeting Aspen City Council June 28, 1993 mitigation plan. Ms. Lamont told Council through the Gordon lot split, the city received a bridge easement. The land between Ute Place and the river is publicly-owned land. Staff worked with the neighborhood to design a trail that was environmentally sensitive, palatable to the neighborhood and a trail the Corps of Engineers would approve. The Gordon/Callahan subdivision was 4 separate lots. The appli- cants agreed to give the city $25,000 to build a bridge. Ms. Lamont told Council during this process, Aspen River Friends purchased the Gordon/Callahan property. The proposal is to dedicate to the city a 12 foot trail easement on the Gordon/Calla- han side of the property. It will be an 8 foot hard surface with 2 two-foot recovery zones. The applicants propose to relocate the bridge slightly upriver from the Ute Place property line. The applicants have requested the city maintain the 2 foot walking path that exists on the publicly-owned property and not expand it to a paved path. This path is intended to connect up with the existing trail easement which goes behind Ute Place and follows the back side of Ute Place to Ute avenue. This 12 foot easement was provided as part of the Ute Place subdivision. The city has agreed to narrow the easement to a walking path. The applicants propose a one lot subdivision, to rezone the property from R-15/PUD to RR/PUD, and to identify a building envelop. RR zone does not limit the amount of floor area; however, the applicants will commit to 8500 square foot floor area. Ms. Lamont pointed out the city has agreed not to pursue construction of the trail until the rest of the easements are obtained. John Worces ter, assistant city attorney, said part of the agreement is that the city cannot build the bridge or trail easement until it will link up to another trail segment. Worcester said some Council are concerned that future purchasers of the property may attempt to block any trail construction because of that condition. Mayor Bennett said the language was intended to clarify both parties good faith in getting the trail completed. Brooke Peterson, representing the applicant, told Council he feels there is adequate protection in other documents. Peterson pointed out the applicants cannot bind a third party to what they may do in the future. Peterson said it is not just the Aspen River Friends that are saying they do not want the trail built until it can be linked up. The Army Corps of Engineers as well as P & Z are also saying this. Councilwoman Richards said she would like to see language that the city will have the right to begin construction of the trail no later than when the building permit is pulled for lot 9. Peterson said he does not feel it a wise use of taxpayer dollars to build a bridge or trail that does not connect to anything. 4 Regular Meeting Aspen City Council June 28, 1993 Peterson said he feels the agreement as written goes beyond a standard easement. Worcester said the intent of the language is that ARFP would acknowledge that it is important for the city to build this trail; that ARFP not interfere in any way with the construction of the trail; and that when ARFP sells the property, they require the purchaser to sign an agreement that they have read the trail agreement, seen the plat, understand what the city's interest are and they will not interfere with construction of the trail. This does not bind ARFP to what the purchasers might do in the fu ture. Peterson said this would be asking any purchasers to give up rights. Councilwoman Richards moved to table Resolution #38, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #23, SERIES OF 1993 - Gordon/Callahan PUD Amendment Councilwoman Richards moved to table Ordinance #23, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #34, SERIES OF 1993 - City Shop Bonds Councilman Reno stepped down due to conflict of interest. Steve Jeffers, George K. Baum, told Council they city was very successful in receiving an A rating on these limited tax G. O. bonds. They have been marketed at interest rates of 2.75 to 5.15 with an average of 4.76 percent. The payments are $230,000 annually principle and interest. Councilwoman Richards asked how that payment fits within the asset management plan. Rob Umbreit, budget director, told Council the payments are budgeted at $226,000 annually. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #34, Series of 1993, on second reading as amended with the interest rates; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #35, SERIES OF 1993 - Sister City Housing Vesting Extension Mayor Bennett stepped down due to conflict of interest. 5 Regular Meeting Aspen City Council June 28, 1993 Jed Caswall, city attorney, told Council this extends the previous extension of vested rights for the Ute Trail townhome project. This further extension is required as one of the tenants is still residing on the premises and will either remove themselves or be removed by July 15th. Mayor Pro Tem Reno opened the public hearing. There were no comments. Mayor Pro Tem Reno closed the public hearing. Councilwoman Richards moved to adopt Ordinance #35, Series of 1993, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Waggaman, yes; Mayor Pro Tem Reno, yes. Motion carried. ORDINANCE #33, SERIES OF 1993 - Castle Creek Townhomes Condominium- ization Leslie Lamont, planning office, said this subdivision exemption is for a newly built duplex. The applicant already provided an accessory dwelling unit pursuant to ordinance #1 so there is no housing impact fee involved. The applicant is signing 6 month minimum lease restrictions. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #33, Series of 1993; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Reno, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #49, SERIES OF 1993 - Clarification of Water Policy Jed Caswall, city attorney, reminded Council they adopted a comprehensive water management policy in February 1993, Resolution #5. Caswall said staff and Council spent 18 months working on this policy. Caswall said in implementing this policy, it was noted the policy many not be what Council intended. Caswall said the intent of Council was (1) to insure that people who reside in the city would always have sufficient quantities of water and (2) those customers outside the city would be maintained at the very least at the level they are presently at and (3) any future extensions of water outside the city or expanded uses of water outside the city, those extraterritorial extensions would not cause the first two considerations to suffer and that they would be scrutinized under the standards contained in the water policy. Caswall told Council the previous policy uses the term "service area", which may give the impression if one is located outside the 6 Regular Meeting Aspen City Council June 28, 1993 city, the city will serve other customers in that area. Caswall said the term service area was not intended to designate geograph- ical areas but was used to define a billing rate for a certain area. Caswall said it costs the city different amounts of money to deliver water to various areas outside the city. Councilman Reno asked if an applicant for water has to meet both that the water service will be consistent with the Aspen Area Compre hensive Plan and the project is for growth approved by the city. Caswall said this is a two-step process and the applicant has to meet both criteria. Caswall said if a project were approved by the county, the city could deny serving water to it if it were not consistent with the AACP. Council wanted to retain a final say on how the city water system should be used in terms of growth. Kevin Patrick asked about the term "expansion" and does this apply to a three-bedroom housing adding another bedroom, would this require an annexation agreement. Patrick asked about a current contract for water service, would expansion cause the contract to be disregarded, would the applicants have to annex. Caswall said adding a bedroom on to an existing home does not fall under this policy. The policy covers transmissions, main lines, major infrastructure improvements. There is a separate policy for service lines extensions. Caswall said he is unaware of any existing contracts that this policy would inhibit. Caswall said people take water service contracts subject to the law and policies of the city of Aspen. Patrick said there are several contracts where the city is obligated to serve an area or development. There is no requirement that this city's change, except as related to supply and safety, are deemed to be part of the contract. The term expansion triggers the requirement to annex. Mayor Bennett said the Council is deciding water policy for the future of Aspen. Any specific contracts affected by this policy will come up. Councilwoman Richards moved to adopt Resolution #49, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #39, SERIES OF 1993 - Water Amendments Councilman Reno moved to read Ordinance #39, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #39 (Se ries of 1993) 7 Regular Meeting Aspen City Council June 28, 1993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CERTAIN PROVISIONS OF CHAPTER 23, ARTICLE III OF THE ASPEN MUNICIPAL CODE RELATING TO MUNICIPAL WATER SERVICES was read by the city clerk Jed Caswall, city attorney, told Council this ordinance insures the Municipal Code is consistent with the water management policy. Most of the changes concern terminology, like "service area" which is changed to billing area. Caswall pointed out the definition of "snowmaking" in Section 8 is being changed to make clear that if the city is providing a user municipal water for snowmaking, that water shall only be used for snowmaking. The definition of snowmaking includes using the water to irrigate the ski slopes; it does not include any other use of that water. Councilman Paulson suggested that snowmaking for Nordic trails be included in the definition. Caswall said he would amend the ordinance for second reading. Connie Harvey asked if one were to expand a water service, the applicant has to sign a pre-annexation agreement. Caswall said the Charter states anytime municipal water is extended outside the city in terms of main line distribution, it has to be done by a signed, written agreement with the city. Colorado state law says whenever a municipality determines it wishes to extend water outside the municipal boundaries, it can require annexation. Aspen has historically not exercised the requirement that extraterritorial users of municipal water annex. Mayor Bennett said several years ago Council established a moratorium on extension of city water. There was a need to formulate a policy to make sense out the expansions. The governing principle of the next policy is growth; second, the city should stop losing money on water. Council established two principles; (1) extension of city water shall not encourage growth, and (2) extensions of city water shall at least pay their own way. Ms. Harvey said there was a statute regarding annexation if property is annexed, it is appropriate it be urbanized on a higher density. Mayor Bennett said Council has not addressed annexation. This would have to be studied in detail. Councilwoman Richards moved to adopt Ordinance #39, Series of 1993, on first reading, amending to add language about Nordic trails and the definition of snowmaking; seconded by Councilman Reno. Roll call vote; Councilmembers Waggaman, yes; Reno, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #40, SERIES OF 1993 - Maroon Creek Ranch Water Agreement 8 Regular Meeting Aspen City Council June 28, 1993 Jed Caswall, city attorney, told Council staff is very close to having a final agreement for Council. This will be scheduled at the next regular meeting. Councilwoman Richards moved to table Ordinance #40, Series of 1993; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #41, SERIES OF 1993 - Historic Designation Pioneer Park Councilman Reno moved to read Ordinance #41, Series of 1993; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #41 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING AND/OR REDESIGNATING 442 W. BLEEKER STREET AND A PORTION OF 400 W. BLEEKER STREET, LOTS K-S AND PORTIONS OF LOTS A-C, BLOCK 36, AS "H" HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL CODE was read by the city clerk Amy Amidon, planning department, told Council Pioneer Park was one of the earliest designations. Now that part of it is being turned into a park, it is being redesignated. Ms. Amidon said this property meets 5 of the 6 landmark standards. Ms. Amidon told Council the historic trust is having a new wrought iron fence installed. They are working on the irrigation system. Councilwom- an Richards said there is another fence going up separating the park from the private parcel. This fence seems overwhelming. Ms. Amidon told Council the HPC struggled with this fence; however, it is to give the Strombergs privacy. Councilwoman Richards said she is voting against this as the fence is not as represented. Councilman Reno moved to adopt Ordinance #41, Series of 1993; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, no; Waggaman, yes; Paulson, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #42, SERIES OF 1993 - Adoption of the National Electric Code Councilman Reno moved to read Ordinance #42, Series of 1993; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #42 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE C ITY OF ASPEN, 9 Regular Meeting Aspen City Council June 28, 1993 COLORADO, AMENDING SECTIONS 7-156 THROUGH 7-158 AND SECTION 7-160 OF ARTICLE VI OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SUCH SECTIONS ADOPTING AND AMENDING CERTAIN PROVISIONS OF THE NATIONAL ELECTRICAL CODE, 1993 EDITION was read by the city clerk Tom Parry, electrical inspector, told Council the city has not updated the electrical code since 1978. Councilman Reno moved to adopt Ordinance #42, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Reno, yes; Mayor Bennett, yes. Motion carried. BUDGET GUIDELINES 1994 Amy Margerum, city manager, told Council these guidelines have been discussed with the management team and department heads. There is a consensus to adopt these guidelines, which are very strict in terms of preparing the 1994 budget. The guidelines follow the limitations imposed by amendment 1 to keep growth of the government to the CPI plus inflation. Council will be presented with a conservative budget and they can focus on supplementary requests and can prioritize new or increased services based on Council's goals. Rob Umbreit, budget director, told Council staff is projecting a 4.7 increase allowable under amendment #1. Umbreit said the revenue projections are very important. Umbreit told Council the sales tax collections through April are up 18 percent over 1992 year to date. The general fund through March is up 10 percent and 6 percent over budget. Ms. Margerum told Council any requests that cannot be covered by the base budget will be seen as extras. The department heads will prioritize all the extra requests before they are presented to Council. Councilwoman Richards asked if Council will have a work session to see the computer long range plan, the streets long range planes, etc. Ms. margerum said the consultants are working with data processing and will give a technology seminar July 8th on their work to date. Ms. Margerum said each department head will define their issues in a one page narrative. Staff will give Council a schedule for budget work sessions in August. COUNCIL APPOINTMENTS Councilman Reno moved to appoint the following Council members to the following Boards; seconded by Councilwoman Waggaman. 10 Regular Meeting Aspen City Council June 28, 1993 Colorado Association of Ski Towns Rachel Richards Nordic Council Terry Paulso n Roaring Fork Transit Agency Rachel Richards Housing Authority Board Augie Reno NWC Council of Governments Georgeann Waggaman Aspen Chamber Resort Association Georgeann Waggaman Arts Council Rachel Richards Ruedi Water & Power Authority Georgeann Waggaman Energy Committee Terry Paulson Aspen Substance Abuse Program Tom Stephenson Colorado Healthy Community All Council Sister Cities Terry Paulson; Augie Reno, alt R. F. Transportation Oversight Group Terry Pau lson; Georgeann Waggaman, alt All in favor, motion carried. UNIFORM CODE ENFORCEMENT POLICY Jed Caswall, city attorney, told Council this establishes policies and procedures for enforcement activities like zoning, building code, health department, business licensing activities. Caswall said it is more efficient to have a written policy. One issue addressed in the policy is what to do when no one is available at a particular property. This policy makes it clear to enforcement officer should come back at a later date. Councilman Reno moved to endorse the enforcement policy of the city; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meeting Aspen City Council June 28, 1993 CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... LIQUOR LICENSE OPTIONAL PREMISES - Tenth Hole Bar & Grill 3 ...... RESOLUTION #38, SERIES OF 1993 - Aspen River Friends Con tract 3 .. ORDINANCE #23, SERIES OF 1993 - Gordon/Callahan PUD Amend ment 5 .. ORDINANCE #34, SERIES OF 1993 - City Shop Bonds 5 ................ ORDINANCE #35, SERIES OF 1993 - Sister City Housing Vesting Extension 5 ................................ ................. ORDINANCE #33, SERIES OF 1993 - Castle Creek Townhomes Condominium ization 6 ................................ ........ RESOLUTION #49, SERIES OF 1993 - Clarification of Water Policy 6 . ORDINANCE #39, SERIES OF 1993 - Water Amendments 7 ............... ORDINANCE #40, SERIES OF 1993 - Maroon Creek Ranch Water Agreement 8 ................................ ................. ORDINANCE #41, SERIES OF 1993 - Historic Designation Pioneer Park 9 ................................ ...................... ORDINANCE #42, SERIES OF 1993 - Adoption of the National Electric Code 9 ................................ ............. BUDGET GUIDELINES 1994 10 ................................ ......... COUNCIL APPOINTMENT S 10 ................................ ........... UNIFORM CODE ENFORCEMENT POLICY 11 ................................ 12 Regular Meeting Aspen City Council June 28, 1993 13