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HomeMy WebLinkAboutminutes.council.19940523Regular Meeting Aspen City Council May 23, 1994 Mayor Bennett called the meeting to order at 5:00 p.m. with Councilmembers Reno, Richards and Waggaman present. OUTSTANDING EMPLOYEE BONUS AWARD Bill Efting, assistant city manager, told Council Brenda Finney, finance department, has filled in and trained while the finance department has been under staffed. Mayor Bennett and Council presented Brenda with a check and plaque. PROCLAMATION - National Trails Day Mayor Bennett and Council proclaimed June 4, 1994, as National Trails Day. Mayor Bennett said trails are an alternative form of transportation, increase property values and allow people to enjoy nature. CITIZEN COMMENTS 1. Lennie Oates, property owner on Riverside Drive, brought up the east Cooper affordable housing project. Oates told Council the neighbors believed a 25 foot buffer was created between the Riverside subdivision and there would be no development in this buffer. Oates said staff is taking the position this is a side yard setback which allows certain projections, including uncovered porches and decks. Oates said another issue was there was to be no construction activity on Riverside Drive; this has not been true. Oates requested the city make sure the developers of the free market lots are informed of this restriction and that it is adhered to. Bill Efting, assistant city manager, said staff will talk to the developer to make sure they do not use Riverside Drive. Kim Johnson, planning office, said she did not find a reference at P & Z or Council on what should or should not go into the area outside the building envelopes. Ms. Johnson said staff determined to call the building envelope a setback line and code allows for certain activities to take place in a setback. Pete Stone said he felt the neighbors were assured there would be a setback with nothing built in it; it would be planted with trees and bushes; that it would be left wild. Stone said the neighbors begged that the buffer zone be inviolate, that it would be protected. Stone said he left P & Z and Council thinking the developer stated they would not use Riverside Drive for construc- tion and that they would be given a 25 foot setback with no 1 Regular Meeting Aspen City Council May 23, 1994 development in that setback. Councilman Reno said he, too, thought the setback was not to have any development in it. Mayor Bennett said he would be more comfortable if the 25 feet were a buffer zone. Mayor Bennett requested staff report back on these issues. Councilman Reno said he would like Council to instruct the city attorney's office to change the code about height variances not requiring a public notice so this does not happen again. Council- man Reno said there have been enough changes on this project, Council should have been informed. Council agreed. Councilman Reno moved to direct the city attorney to look into the fact of any variances or special reviews asked for on projects in the city that were different than the initial approvals would require a public notice similar to other; this can come back to P & Z but Council should be noticed; seconded by Councilwoman Waggaman. Councilwoman Waggaman encouraged staff to interpret things in the strictest sense. Council is trying to encourage a smaller scale. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Bill Efting, assistant city manager, said Council needs to schedule a pedestrian plan meeting and also to meet with the Neighborhood Advisory Committee. Council scheduled this for June 28 at 5 p.m. 2. Bill Efting, assistant city manager, requested Council remove consent item (g) Ordinance # 22, 1994 - Savanah Extension Of GMQS Allotment at the Meadows for new information. Council agreed to make this action item (f). 3. Bill Efting, assistant city manager, informed Council staff raised $126 for Children's Hospital. With Council's match, this will be $252 for Children's Hospital. Councilwoman Richards thanked Efting for taking the lead in this fund raising. 4. Councilman Reno said he received a request for support from the school trash-a-thon of $250.00 Councilman Reno moved to approve a contribution of $250 to the Aspen School District for the trash-a-thon out of Council's contingency; seconded by Councilwoman Richards. All in favor, motion carried. 5. Councilwoman Richards requested the trolleys be wrapped up 2 Regular Meeting Aspen City Council May 23, 1994 again as their wrappings are tattered and blown off. 6. Councilwoman Richards announced June 4th is the annual Art Park Work Day from 11 a.m. to 6 p.m. This is the fifth or sixth year and it is fun to see the progress over the years. 7. Councilwoman Richards requested Ordinance #23, Aspen Theatre in the Park Temporary Use Permit be removed from the consent calendar. Council agreed. CONSENT CALENDAR Councilman Reno moved to read Ordinances #20, 21, 24 and 25; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #20 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING THE VESTED DEVELOPMENT RIGHTS FOR THREE YEARS FOR THE MUSIC ASSOCIATES OF ASPEN ON LOT 2 OF THE ASPEN MEADOWS SUBDIVISION ORDINANCE #21 (Series of 1994) AN ORDINANC E OF THE ASPEN CITY COUNCIL GRANTING TO THE ASPEN INSTITUTE AN AMENDMENT TO THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN AND GROWTH MANAGEMENT EXEMPTION FOR THE PURPOSE OF ADDING APPROXIMATELY 2,410 SQUARE FEET OF SEMINAR FACILITIES AT THE PAEPCKE AUDITORIUM COMPLEX AT 2000 NORTH STREET (LOT 1-B OF THE ASPEN MEADOWS SUBDIVI- SION) IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE #24 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 11-2-4(a) OF THE MUNICIPAL CODE TO CHANGE THE COMPOSITION OF THE CLEAN AIR ADVISORY BOARD ORDINANCE #25 (Series of 1994) AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 7 OF THE 3 Regular Meeting Aspen City Council May 23, 1994 ASPEN MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO THE MUNICIPAL BUILDING CODE BY ADDING REGULATIONS AND PERMITTING PROCEDURES FOR EXCAVATIONS AND DEVELOPMENT IN THE SMUGGLER MOUNTAIN SUPERFUND SITE was read by the deputy city clerk Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Reno. The consent calendar is: A . Minutes - May 9, 1994 B . Child Care Grant - Wildwood School C . Resolution #39, 1994 - Aspen Street Railway Company Approval of Organization D . Resolution #38, 1994 - Mall Leases E . Ordinance #20, 1994 - MAA Vested Rights Extension F . Ordinance #21, 1994 - Aspen Institute - Meadows SPA Amendment G . Ordinance #24, 1994 - Composition of Clean Air Board H . Ordinance #25, 1994 - Smuggler Superfund Site Institu- tional Controls Roll call vote; Council members Waggaman, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #22, SERIES OF 1994 - Savanah Extension of GMQS Allotment at the Meadows Councilwoman Richards moved to read Ordinance #22, Series of 1994; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #22 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, AND FOR EXEMPTION FROM EXPIRATION OF THE GMQS ALLOTMENTS FOR THE SINGLE FAMILY LOTS 7,8,9 AND 10 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the deputy city clerk Kim Johnson, planning department, told Council the Aspen Meadows consortium is coming back because the vested rights time is expiring. This ordinance keeps the extension of growth management allocation concurrent with vested rights. Ms. Johnson said she will incorporate the vested rights language into this ordinance for 4 Regular Meeting Aspen City Council May 23, 1994 second reading. Councilwoman Waggaman moved to amend Ordinance #22, Series of 1994, to include the vested rights language and to adopt it on first reading; seconded by Councilwoman Richards. Roll call vote; Council members Reno, yes; Waggaman, yes; Mayor Bennett, yes; Richards, yes. Motion carried. ORDINANCE #23, SERIES OF 1994 - Aspen Theatre in the Park Temporary Use Permit Councilwoman Richards moved to read Ordinance #23, Series of 1994; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #23 (Serie s of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT FOR ASPEN THEATRE IN THE PARK FOR LIVE PERFORMANCES AND THE CONSTRUCTION AND MAINTENANCE OF A SUMMER THEATRE TENT ON THE RIO GRANDE PROPERTY, CITY AND TOWNSITE OF ASPEN was read by the deputy city clerk Councilwoman Richards said she feels the clear wrapping of the tent during the winter as storage on the park is not acceptable to be visible for 6 months. Councilwoman Richards said she would like the applicant to come back with a recommendation on how this might be camouflaged. Councilwoman Richards moved to adopt Ordinance #23, Series of 1994, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Mayor Bennett, yes; Richards, yes. Motion carried. ORDINANCE #15, SERIES OF 1994 - 303 East Main Landmark Designation Amy Amidon, planning office, told Council this property is listed on the national register of historic places and has been on the city's inventory since 1980. The applicants are requesting landmark designation as well as the $2,000 designation grant. HPC, P & Z and staff recommend approval finding that the house meets architectural importance of typical Victorian style. Ms. Amidon corrected the ordinance to add a whereas about granting the $2,000 and changing the lot description. The owner was present and in favor of this ordinance. 5 Regular Meeting Aspen City Council May 23, 1994 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #15, Series of 1994, on second reading as amended; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Mayor Bennett, yes, Richards, yes. Motion carried. ORDINANCE #17, SERIES OF 1994 - Adams Lot Split Kim Johnson, planning office, told Council this is located at 795 Meadows road. The applicant is requesting a 35,000 square foot lot be divided into two 17,000 square foot parcels. Staff recommends approval of this request with 9 conditions. Ms. Johnson pointed out the proposal meets the underlying R-15 zone district require- ments. Because of the existing structure, the Adams went to the Board of Adjustment to receive a side yard setback variation so they would not have to tear the house down. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked how lot splits will fit into the code changes. Cindy Houben, planning office, told Council they anticipate allowing lot splits only in the original townsite. Ms. Houben said there will be several GMQS allocations set aside annually for exemptions, such as lot splits. Councilwoman Richards moved to adopt Ordinance #17, Series of 1994, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Mayor Bennett, yes; Richards, yes. Motion carried. ORDINANCE #19, SERIES OF 1994 - Ute Trail Townhouses PUD Amendment Mayor Bennett said he will excuse himself when the discussion is toward the resident only unit for a possible conflict of interest. Kim Johnson, planning office, told Council this is request to amend a PUD approval. The amendment for the site plan decreases the parking from 8 to 7 spaces and incorporates the 7 spaces into a garage for the affordable units. The applicants have also requested some changes to the deed restrictions for the affordable units. Ms. Johnson said the 7 parking spaces will be widened to 10 feet 6 Regular Meeting Aspen City Council May 23, 1994 which will give the tenants more storage on site. The garage structure will include trash storage and a boiler room for the snowmelt. Ms. Johnson said the city engineer feels the sand and oil separator is not appropriate for this garage structure and should be deleted from the plat. Ms. Johnson told Council staff supports the PUD amendments for the garage, snowmelt and parking spaces. Mayor Bennett opened the public hearing. Jody Edwards, representing Karinjo DeVore, told Council they would like to recategorize one unit from resident occupied to category 4 with a price limitation of $150,000 plus a cap of $25,000 on improvements being made for environmental reasons. This will require amending the ordinance to include these figures. Edwards said the DeVores would like to resolve this so that they can enter into a contract. Mayor Bennett closed the public hearing. Councilwoman Waggaman noted this calls for a sidewalk on the north side of the street. Councilwoman Waggaman said she thought this was resolved with a sidewalk on the other side of the street. Bill Lipsey, representing the applicant, said this is an area reserved for a sidewalk, not installation of a sidewalk. Councilwoman Richards asked about the trade offs between snowmelt and hauling the snow out. Lipsey told Council he spoke with the city streets department who said the snow removal equipment will encounter difficulties getting into the courtyard. The dump truck, to remove the snow will have to travel through the city spewing up gravel and PM 10. Snowmelt is much less intrusive on the neighbors. Trucks and bulldozers require gasoline and are not as invisible as a snow melt. Mayor Bennett said he generally opposes snowmelting as not being environmentally kind; however, with this small space, it seems to make sense. Lipsey said the snowmelt will be on a separate meter so the expense will be passed on to the homeowners. Council suggested having an audit of this cost in a year to see how it affects the affordable units and to see how much it actually costs. Councilwoman Richards said the homeowners agreement should not preclude the affordable unit owners from having a say in what should be done with the snow melting. Mayor Bennett left the room due to conflict of interest. Ms. Johnson said the applicants would like to drop the resident 7 Regular Meeting Aspen City Council May 23, 1994 occupied unit to category 4. Council agreed. Ms. Johnson said the applicants would like to maintain category 2 for the 6 deed restricted units for the displaced tenants list. If there are no displaced tenants for a unit, that unit could be sold at category 3 price. Councilwoman Richards asked if the price for the units will be set after the project is complete. David Mylar, represent ing the Sister City Housing Inc., reminded Council they are the applicant for the affordable housing. The suggested changes have fiscal and policy implications. Mylar said Council can preserve their options by approving the ordinance as drafted with the understanding prices will not be set until the entire costs are looked as the fiscal impact on the city can be analyzed. Jody Edwards said if the Council decides not to go with a cap on the cost of the category 4 unit that this be a change to category 3 or 4 and displaced tenant status. Edwards said the DeVores can qualify for category 3. Edwards said his clients would like to get this finalized. Mayor Pro Tem Reno reopened the public hearing on the affordable housing units. There were no comments. Mayor Pro Tem Reno closed the public hearing. Councilwoman Richards moved to adopt Ordinance #19, Series of 1994, on second reading with the understanding that an energy audit on the snowmelt system will be performed at the end of 2 years with the results turned over to the city and to the homeowner's association and that Section 3 of the ordinance be amended to read, "The deed restriction shall be modified to a category 3 or 4 deed restriction", and removing the sand and oil requirement from the snowmelt drainage system, and amending the whereas on page 2 to include the language "conceptual and final PUD"; seconded by Councilwoman Waggaman. All in favor, motion carried. ASSESSMENT ROLL, CEMETERY LANE IMPROVEMENT DISTRICT Mayor Bennett outlined the procedure for Council to set as the Board of Equalization for the assessment roll for the improvement district number 2, Cemetery Lane Improvement District. Dean Gordon, Schmeuser Gordon and Meyer, told Council the geograph- ical boundaries of the district are Cemetery Lane, Snowbunny Lane, Mountain View, Red Butte, Sage Court and Cemetery Court; there are also some properties scattered around the city. The cost of the improvement district is $630,000; the fixed costs are $480,000. Gordon told Council staff spent a lot of time trying to determine 8 Regular Meeting Aspen City Council May 23, 1994 the most fair assessment for the district. Staff tried to gauge the benefit to each property from these improvements and then come up with a financial formula. Gordon told Council staff looked at various alternatives from other districts like lineal footage, area of lots, assessed value of lots, distance from improvements. Gordon said there was an assessment mailing to all property owners in the district. Gordon said he has been contacted by some property owners questioning the appropriateness of their assess- ment. Gordon said in each case he met with the property owner and will be reducing the assessment as a result of doing the secondary work in a different method on these properties. Gordon said the property owners are working with the city to try and get their costs lowered. Mayor Bennett opened the hearing of the Board of Equalization. Andre Schecter, Cemetery Lane, told Council some residents felt the secondary improvements could be done by the homeowners and then they would only have to contribute to the primary costs. The costs are 4 times higher than anticipated. Gordon reminded Council in August 1993, the city did a mailing to everyone in the district to give property owners the opportunity to state whether they wanted to do the work themselves. There was a contract to be returned to the city as well as a post card indicating their choice. Gordon said out of 200 properties, 40 owners elected to do the work themselves. John Worcester, city attorney, said people can still choose to do their own work. However, once this assessment passes the city needs to know how much money will be needed for the bonds. Henry Goldsmith, Cemetery Lane, asked if the project will be completed this year. Gordon said that by the end of this construction season, all facilities will be in the ground. Gordon said this process has to go in steps because no one can be without electrici- ty. There is some time lag between energizing the underground system and getting rid of the overhead wires and poles. This could take until next construction system. Fred Peirce, Cemetery Lane, submitted copies of plats of West Aspen subdivision showing where it is located, that the primary and secondary for electricity is already provided through Bonita drive. Peirce said the 6 lots should be removed from the assessment roll. Peirce said these lots are only paying for administrative costs as the primary and secondary are already buried. Gordon agreed Peirce has already paid to have the secondary work done; he is not being 9 Regular Meeting Aspen City Council May 23, 1994 assessed for that work. He is being paid for the costs associated with removing the lines. The issue is whether these lots are receiving a benefit. It is the district's position that they are receiving the same benefit as other properties in the block and are being charged the same. Mayor Bennett asked what the administrative charge per house is. Gordon is about $816. Peirce reiterated their primary, which comes up Bonita, is already undergrounded. These 6 lots are not looking at the overhead wires as are the neighbors across the street. Gordon said the judgement was made that those properties which directly abut an overhead line that would be removed would be part of the district. Mayor Bennett said he feels the 6 lots along Cemetery Lane are benefitting from this project. However, they are not having any construction and perhaps they should be allowed to pay a lesser administrative cost. Worcester said people can have their assessment lowered to zero; no one can be added to the district. The district was formed a year ago. Councilwoman Richards said she feels there is a benefit to the property as well as the overall neighborhood. Tom Hines, Snowbunny Lane, said he was told the savings was $175 per homeowner if the 4 homeowners got together to do the secondary. Hines said the savings should be much larger for doing 4 separate trenches. Gordon said only 75 feet of ditch could be shared; the rest would be separate. Councilman Reno said the project was designed so that it will be easier for Holy Cross to access the underground utilities. This makes the secondary come from the rear and makes it 2 or 3 times farther. Hines noted the utility easement is on the back of the property. Gordon said he will do a new assessment for these properties based on a shared trench. Hines said he would like to know what the administrative fixed cost per property is. Gordon said the variable in the fixed cost is paying a share of the design and construction costs, which not every property has. Roland Fisher, Red Butte Drive, questioned paying for underground- ing of telephones when their telephone service is already under- grounded. Gordon told Council every property in the district was assessed $312.17 for U. S. West undergrounding whether they already had underground telephone service or not. Gordon said the benefit received is eliminating poles and wires in the air. Deputy City Clerk Kathy Strickland read into the record a letter from Kellers, Red Butte Drive, opposed to the underground district, that they will gain nothing from this district; it may cause the 10 Regular Meeting Aspen City Council May 23, 1994 property taxes to increase again, and a letter from Geraldine Newhart, Sage Court, stating that the amount is too high and should be decreased. Gordon said he has met with both of these property owners. Ms. Newhart has a difficult home to serve with a lot of trenching, which makes it expensive. Councilwoman Richards said it is an unwieldy process to pull together 260 property owners and to divide 10 different component costs fairly among the property owners. Councilwoman Richards suggested using staff time repayment figure to equalize and lower some of the costs. Councilwoman Richards this would require a general fund subsidy of the project for staff time for the last two years. Councilwoman Waggaman said her inclination is to hold the costs where they are and to try work out when the larger expenses have to be paid. Cindy Wilson, city manager's office, told Council each property owner has the option to pay the cost in full or to finance the costs over a 10 year period which would get assessed with their property taxes. This latter would include interest. Councilman Reno pointed out there have been several mailings and a formal vote by property owners on this district. The information has been constantly changing; the assessment has decreased or increased. Councilman Reno said the secondary costs are 2 or 3 times the cost because of where the utility line has been buried. Councilman Reno said the entire city voted on this district because of Amendment #1; there is an argument that the entire city would benefit from this district. Councilman Reno said a flaw in this process has been designing the project in the field. Councilman Reno objected to the process, not getting numbers to rely on during the process. Councilman Reno proposed a certain percentage of the secondary costs, higher than normal because of changing locations, should be paid by the electric fund. Gordon reminded Council when the improvement district was proposed to Holy Cross, there was a lot of discussion of where to bury the utilities. Holy Cross has consistently said the only way they would consider participation was to have the utilities on the front lot lines. Councilman Reno said it is a benefit for Holy Cross to be cleaning up this area; however, perhaps the property owners should not be paying for this. Gordon said when the first estimates were done was April 1990; the district has evolved since that estimate. The second estimate was done at the request of Council prior to the formation election of May 1993. The estimate was done without a primary design and from preliminary mapping. The total cost for the district has not 11 Regular Meeting Aspen City Council May 23, 1994 changed since August 1993. The distribution of costs by property has not changed except for about 20 people with whom Gordon has worked personally. The bids came in lower than the cost estimates; however, the bids do not reflect all the work that has to be done. The total cost is very close to the 1993 estimates. Mayor Bennett said this project is at least 4 years old and has been voted on by the electorate. Mayor Bennett said he feels everyone is benefitting to some degree. Mayor Bennett said the city has been as fair as they can, there have been several mailings and public hearings. Mayor Bennett said he would favor 25 percent reduction for the 6 people on Cemetery Lane represented by Peirce and for Roland Fischer. This would come out of the budgeted staff time of $38,000. Councilwoman Richards said she would prefer to rebate the staff time to every property owner in the district which would be about $160 per owner. The entire city will benefit from having the lines underground in this area. This has been a difficult project. Mayor Bennett said Council established a policy in 1991 that improvement districts should by for themselves and he does not want to change that policy. Councilman Reno said the city should not have engaged in a district without all the facts up front. Councilwoman Waggaman said the city should not pay more for one district than another; however, she would be willing to look at some reduction. Councilwoman Richards reiterated refunding the staff costs, total of $38,000, would be equitable because every property would get the same reduction and an acknowledgement that the process has not been as smooth as it could have been. Councilwoman Waggaman and Mayor Bennett said they would consider refund for people whose bill went up more than $1000 or 50 per cent. Councilman Reno agreed the issue is how much of an increase is acceptable over what people were told their contribution would be. John Worcester, city attorney, said Council is sitting as the Board of Equalization to review the assessment roll for individual lots. Council needs to determine what is fair and equitable for the individual lots. The second issue is how this is paid. Worcester suggested Council adopt the assessment roll as fair and equitable and defer until another day whether or not the city will participate. Gordon said if the district is not started this July, it will have to be put off another year and will have to be rebid. Worcester suggested Council reallocate the $38,000 staff time costs to property owners with an increase greater 50 per cent or $1,000 on some formula. 12 Regular Meeting Aspen City Council May 23, 1994 Councilman Reno moved to reduce the charges of city staff time totalling $38,000 and that this be proportionately reallocated to those property owners whose assessment went up more than 50 percent or $1,000 from November 1992 to August 1993; to the extent any monies are left over the parties who were present tonight will have their assessments reduced; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #26, SERIES OF 1994 - Assessment Roll Cemetery Lane Improvement District Councilwoman Waggaman moved to adopt Ordinance #26, Series of 1994; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #26 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DECLARING THE ENTIRE COST OF THE IMPROVEMENTS TO BE MADE IN THE "UNDERGROUND IMPROVEMENTS DISTRICT No. 2 - 1992", IN THE CITY OF ASPEN, COLORADO, APPROVING AND CONFIRMING THE APPOR TIONMENT OF SAID COSTS TO EACH LOT OR TRACT OF LAND BENEFITTING FROM SAID IMPROVEMENTS IN SAID DISTRICT; ASSESSING A SHARE OF SAID COSTS AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESS MENTS was read by the deputy city clerk Councilwoman Waggaman moved to adopt Ordinance #26, Series of 1994, as amended by the Board of Equalization; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Mayor Bennett, yes; Richards, yes. Motion carried. ORDINANCE #27, SERIES OF 1994 - Cemetery Lane Improvement District Bonds Councilwoman Richards moved to read Ordinance #27, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #27 (Series of 1994) 13 Regular Meeting Aspen City Council May 23, 1994 AN ORD INANCE RATIFYING THE CEMETERY LANE IMPROVEMENT DISTRICT; PROVIDING FOR THE ISSUANCE OF $510,000 OF SPECIAL ASSESSMENT BONDS WITH RESPECT TO THE CEMETERY LANE IMPROVEMENT DISTRICT; PRESCRIBING DETAILS IN CONNECTION WITH SUCH SPECIAL ASSESSMENTS, BONDS AND DISTRICT; PRESCRIBING DUTIES OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SUCH SPECIAL ASSESSMENTS, BONDS AND DISTRICT; APPOINTING A PAYING AGENT AND BOND REGISTRAR; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THERE- WITH; AND PROVIDING OTHER MATTERS RELATING THERETO was read by the deputy city clerk Steve Jeffers, Kirchner Moore, told Council the bond amount will be decreased for second reading. Jeffers pointed out a small change on page 2 which will be incorporated for second reading. Councilman Reno moved to adopt Ordinance #27, Series of 1994, as amended on page two; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Mayor Bennett, yes; Richards, yes. Motion carried. 14 Regular Meeting Aspen City Council May 23, 1994 START DATE OF CEMETERY LANE SECONDARY UNDERGROUNDING Dean Gordon, Schmueser, Gordon and Meyer, said the issue is the desire to get this done in the 1994 construction season. Gordon said because the start date is July 15, all the work may not get done this construction season. Gordon asked if Council is willing to allow the contractor to begin before July 15. The downside is if this district fails to become a reality, the city will owe the contractor for any work done. Councilwoman Waggaman asked what it would cost the city if construction is stopped in 25 days. Gordon said it will be about $50,000. John Worcester, city attorney, told Council there is a 30 day period after the assessment roll is passed for challenges. Councilwoman Richards said if there is a chance to get the project done this summer, it is worth the risk. Councilmembers Waggaman, Richards and Mayor Bennett support starting now. Councilman Reno said he does not see an advantage in starting before the end of the challenge period. Councilwoman Richards moved to expedite the start date of Cemetery Lane secondary undergrounding previous to the sale of the bonds, knowing there is some degree of risk and the city may have to post a bond if there are any lawsuits on the assessment roll, with the expedition date being as narrow as possible; seconded by Council- woman Waggaman. All in favor, with the exception of Councilman Reno. Motion carried. KRAUT BUDGET DECISIONS Jim Curtis, housing board, said the housing office would like authorization to execute construction contracts of $2.9 million. The second item is an appropriation of $100,000 contingency fund for the project. The third item is $1.2 million construction loan. This will not preclude other housing projects. Council indicated they support these requests. Councilwoman Richards asked how long the price will be locked in. Curtis said there is a 60 day window to August 1st by which Council needs to make a decision to phase or not to phase. If the decision is to phase, there may be some small incremental costs to complete the work on phase I of the garage, which could be accomplished as a change order. Councilwoman Richards requested an outline of the different cost components if this project is phased into a superblock. Councilwoman Waggaman moved to authorize the signing of a construc- tion contract up to $2,900,000, the appropriation of $100,000 project contingency fund and the appropriation of up to $1,200,000 15 Regular Meeting Aspen City Council May 23, 1994 construction loan, with $100,000 coming from the housing/day care fund; seconded by Councilwoman Richards. Bill Efting, assistant city manager, told Council there was a water main leak near this project. This is on the 5 year capital replacement plan. Efting said it will cost $30,000 and it might as well be done simultaneously with this project. This will come back to Council. All in favor, motion carried. PURCHASE DENVER RIO GRANDE RIGHT-OF-WAY Mayor Bennett said staff's questions about the draft agreement look reasonable. Mayor Bennett suggested Council send a letter asking for answers and clarifications. Councilwoman Richards moved to adjourn at 9:35 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 16 Regular Meeting Aspen City Council May 23, 1994 OUTSTANDING EMPLOYEE BONUS AWARD 1 ............................... PROCLAMATION - National Trails Day 1 ............................. CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT CALENDAR 3 ................................ ............... ORDINANCE #22, SERIES OF 1994 - Savanah Extension of GMQS Allotment at the Meadows 4 ................................ .. ORDINANCE #23, SERIES OF 1994 - Aspen Theatre in the Park Temporary Use Permit 5 ................................ ...... ORDINANCE #15, SERIES OF 1994 - 303 East Main Landmark Designation 5 ................................ ............... ORDINANCE #17, SERIES OF 1994 - Adams Lot Split 6 ................ ORDINANCE #19, SERIES OF 1994 - Ute Trail Townhouses PUD Amendment 6 ................................ ................. ASSESSMENT ROLL, CEMETERY LANE IMPROVEMENT DISTRICT 8 ............ ORDINANCE #26, SERIES OF 1994 - Assessment Roll Cemetery Lane Improvement District 12 ................................ ...... ORDINANCE #27, SERIES OF 1994 - Cemetery Lane Improvement District Bonds 13 ................................ ............ START DATE OF CEMETERY LANE SECONDARY UNDERGROUNDING 14 ........... KRAUT BUDGET DECISIONS 14 ................................ ......... PURCHASE DENVER RIO GRANDE RIGHT-OF-WAY 15 ........................ 17