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HomeMy WebLinkAboutminutes.council.19850826Regular Meetin~ Aspen City Council August 26, 1985 JOINT MEETING WITH COUNTY COMMISSIONERS The meeting was called to order at 4:10 p.m. at the Wheeler Opera House, Aspen, Colorado, With Councilmembers Fallin, Walls, Isaac, and Mayor Stirling and Commissioners Child, Braudis, Madsen and Blake present. 1. Roaring Fork Transit Agency Supplemental Appropriation Tom Oken, county finance director, told the Boards this is the first budget change under the new procedure, which is any budget change over $10,000 and over 10 percent of the existing program should come the Boards for review. The RFTA Board approved these changes and this has been advertised as a public hearing. There are six significant changes in the budget resolution. 1. direct costs and revenues relating to the Aspen Skiing Company contract. 2. RFTA uniforms, 3. building maintenance and administrative staff increases, 4. Operating costs for the bus barn in excess of original projections, 5. increased interest income, and 6. implementation of new transit sales tax and replacement of the city and county contributions. Oken told the Boards the net effect is adding $70,000 in reven- ues. RFTA started the year with $15,000 net revenue for a total of $85,000. Oken said RFTA has five funds; debt service, operating fund, capital fund, and two grant related funds. Oken pointed out the January 1985 fund balance was $700,000 with the net changes of $85,000, and the estimated year end fund balance for RFTA will be $789,000 and the estimated yeaD~end balance for the capital fund is $311,000 for a total of $1,100,000. Oken said the two grant funds will be cleared out this year. Madsen asked if there are plans for this balance. Bruce Abel, RFTA director, told the Boards during the budget process, they will look at projects from the fund balance. Oken said the RFTA Board has not made designations for their fund balance yet. The Board has not approved setting aside a reserve for contingency. They need a certain amount of fund balance to cover the cash flow lag inherent in sales tax collections. Oken said he anticipates making policy decision about the level of reserve of fund balances. RFTA was set up purposely with significant reserves. Madsen pointed out it is not clear yet whether the extra 1 cent of sales tax may be too much and not all needed for bus operations. Abel told the Boards RFTA has received a number of requests for additional projects, which will be addressed next week. Mayor Stirling asked why the direct costs of the Ski Company contract were not budgeted originally. Abel said in the original budget the Ski Company contract was looked at as being a wash; this has been added as part of the formal budget document. Abel 1 ReGular Meeting- Aspen City Council August 26. 1985 said at last year's budget process, there was no history to base the operating costs of the bus barn on, and this year they will know the realistic utility costs. Child asked if there is any potential for reducing the utility costs. Abel said they may be able to set up tighter operating standards. Eve Homeyer, RFTA Chairman, said consolidation of transportation has been very positive, a good fund balance resulted without cutting service or changing anything for one year. Ms. Homeyer said there has been some criticism because RFTA has not been responsive to the city's request, but RFTA was bound for a year to keep everything the way it was. RFTA has held two public hearings to see how people feel about additional service. Mayor Stifling said there is a joint work session September 3 at 4 p.m. with RFTA. Councilwoman Walls said the RFTA Board was organized as total transportation element, and asked if RFTA has any ideas of how to deal with Trailways. Abel said RFTA has been working with the planning department. The city has requested the planning department move transportation to a high priority. Abel said RFTA will be hiring a consultant to help with an UMTA required 5 year transit development program, an analysis of the transit system and how the community wants the system to develop over the next 5 years. Abel said the staff feels it would be cost effective to broaden the scope of RFTA's study to look at downtown terminal, interface with other transportation providers, the downtown circulations patterns. Councilwoman Walls said the trolleys ought to be included in this study. Councilwoman Walls asked about electric buses. Abel said it is an excellent idea; however, no one has put together a vehicle to run on electric power. Abel said propane vehicles are an alternative that can be looked at. Councilwoman Walls moved to accept the supplemental budget appropriation; seconded by Councilwoman Fallin. Mayor Stifling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Walls, yes; Mayor Stifling, yes. Motion carried. Commissioner Child moved to approve the supplemental appropria- tions; seconded by Commissioner Braudis. All in favor, motion carried. 2. Senior Housing Report. Glenn Scott, representing the task force on senior housing and services, would like the Board to conceptually approve this program. Scott said this task force 2 Regular Meeting Aspen City Council August 26, 1985 was appointed in December and has been meeting regularly. The task force updated the information available about the character- istics of the senior population. The results of the survey showed the characteristics of the senior population are basically the same as anywhere else. About 20% of the senior population is considered frail; 4% will require nursing care; 40% of the senior population are "at risk" and need services occasionally. Scott told the Boards they have identified some gaps; there are no cooperatives, no caretaker units, group homes are lacking, there is no nursing home service. Scott said the task force needs to take some action to fill out the services currently being offered, to add some new services, to provide more and different housing options. Scott also recommended there be a continuum of care provided, from indepen- dent living to hospital care. Scott said the program needs to be organized and coordinated. Scott said the task force feels if more choices are provided, more people will stay in the community. Scott said it will be necessary to cross over the political boundaries to achieve a broad range program, and the funding will come from a multiple of sources. Scott said they have held some public forums, and from these recommend the task force be kept in place as the implementing body, get as many agencies involved as possible. Scott recom- mended creating some form of umbrella organization to take over and manage the program. Scott said for financing, each agency would incorporate a seniors elements into their program. Special projects should be considered individually. There should be interplay between the public and private sectors for these program. The existing agencies need to beef up their services. The report recommends increasing awareness in the community about involving seniors in their activities. Scott said the independent living units at the community center should continue. The housing authority should continue to develop additional independent units. Other housing ideas should be developed. The hospital district is considering service supported units at the hospital. The long range program for 5 years can evaluate what works and what does not work. Mayor Stirling asked if any effort has been made to include seniors in the city's recreation program. City Manager ~al Schilling said this has not been focused upon, the capacity is there. Mayor Stifling asked how the umbrella organization will be formed and funded. Scott said the most viable possibility is the creation of a "health district" with some restructuring of the hospital district. Scott told the Boards he is investigating this possibility under the current service plan. Scott said if 3 Regular Meeting Aspen City Council August 26. 1985 the Boards think what has been done so far is good, the task force would like the Boards' endorsement and they will keep moving forward. Mayor Stifling moved to affirm the implementation of the action plan as proposed by the task force; Seconded by Councilwoman Fallin. All in favor, motion carried. COUNCIL MEETING CITIZEN PARTICIPATION 1. Olive Trescott asked that her encroachment license be added to the agenda. Mayor Stirling said the Council wants to devote as much time to the proposed clean indoor air act and the fireplace ordinance. Ms. Trescott said she has been waiting construction on this request. Jay Hammond, city engineer, told Council is is an encroachment request for a garage which encroa- ches 4 inches. Councilman Isaac moved to add this to the agenda; seconded by Councilman Collins. All in favor, with the exception of Mayor Stifling. Motion carried. 2. Craig Ward requested the Nordic council items be added to the agenda. Councilman Isaac moved to add the Nordic Council to the agenda because of the time element; seconded by Councilman Collins. All in favor with the exception of Councilmembers Walls, Fallin and Mayor Stirling. Motion NOT carried 3. Gary Plumley, representing the CCLC, requested reinstatement of an agenda item for the lighting block. Councilman Isaac moved to add this to the agenda. Motion DIES for lack of a second. Suzanne Caskey told Council the CAAB and staff is recommending that the woodburning amendments be tabled, which will give Council some extra time. Mayor Stirling moved to reconsider the Nordic Council's request; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Walls, and Fallin. Motion carried. Mayor Stirling moved to add the mock up block CCLC item to the agenda; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Fallin and Collins. Motion carried. COUNCILMEMBER COMMENTS 4 Regular Meeting Aspen City Council August 26, 1985 1. Councilwoman Walls said Council received a copy of a letter objecting to the way the Mayor handled the first reading of the Clean Indoor Air Act. The letter stated that the public was not allowed to speak but the Mayor was. Councilwoman Walls said procedurally a first reading is not a public hearing, and Council has an opportunity to express its opinions. Councilwoman Walls said she does not feel a Council meeting is an appropriate place for unlimited time spent on speeches by Councilmembers. Councilwoman Walls said Council ought to be able to summarize their thoughts in a few minutes. Councilwoman Walls suggested if a Councilmembers wants to expand on a subject, a written memo could be circulated to Council and the press. Councilwoman Walls said she would like to see a limit on debate. Councilwoman Fallin agreed. 2. Councilwoman Fallin said there is a memorandum from engineering about the location of the snow dump and suggested some time on the September 3 work session. This needs to be resolved soon. Mayor Stifling suggested adding this to the September 9 meeting. 3. Councilman Isaac said Council received a letter from Senator Hart's office asking for reaction to Senate Bill 1162, transportation of radioactive waste. Councilman Isaac said he would like staff to comment as this legislation does not go far enough addressing the needs in this area. Mayor Stirling sug- gested sending the resolution adopted by Council earlier with a cover letter asking for firmer action. 4. Councilman Isaac said Council met last week with the M.A.A. committees. Councilman Isaac told Council he heard back from the Institute that they do not want a meeting at this time. 5. Councilman Collins said he would like a report at the next Council about the new Maroon Creek diversion dam. Councilman Collins said he would also like a report on the Prospector Lodge/timeshare project. 6. Councilman Collins said he would like a status report on the Aspen Mountain Lodge project, when construction will start, or if the project will be status quo for another winter. 7. Mayor Stirling changed the meeting with the Historic Preservation Commission to September 3 study session. 8. Mayor Stirling reminded Council August 30 at 1 p.m. at the Aspen Club will be Council's goals session. 9. Mayor Stirling proclaimed August 30 Mark Joseph day. Mayor Stirling said the Aspen stage of the Coors bicycle race was an 5 Reqular Meeting Aspen City Council August 26, 1985 unprecedented success. Mayor Stirling read the proclamation into the record. 10. Councilman Isaac noted Council has received a letter about the Sinclair property, and he would like to discuss it along with the transportation element. ORDINANCE #35, SERIES OF 1985 - Clean Indoor Air Act Councilman Isaac presented some amendments to the ordinance. One is to change the word "prohibit" to "control and limit." Section 11-4.4(f) "Eating establishments" adding to "except in specially designated smoking areas the total ~square footage of which is less than the non-smoking area". Also adding to (f) that the smoking of pipes and cigars shall be prohibited. Adding to the end of this section "until June 1, 1986, in recognition of the time which may be required in some establish- ments to create physically separated and independently ventilated smoking areas, an eating establishment shall be deemed to be in compliance with the smoking area exception herein above by designating a separate area, the square footage of which shall be less than the non-smoking area, even though such area is not physically separated from the non-smoking area or independently ventilated. Physical separated and independent ventilation shall be required in any smoking area of the facility after June 1, 1986. Councilman Isaac said the Council has already deleted 11-4.6(d)(2) and it should be taken out of the ordinance. Councilman Isaac said he would like to delete Section 11-4.9(e) stating any citizen can bring legal action, because it is redundant. In the penalty section, Councilman Isaac would like to delete "or imprisonment in the county jail for not more than 90 days or both". Councilman Isaac moved to amend "prohibit" to "control and limit" smoking; seconded by Councilwoman Fallin. All in favor, motion carried. Councilman Isaac moved to amend Section 11-4.4(f) as outlined above; seconded by Councilwoman Walls. The audience questioned if this was the entire establishment, including the bar area. Fred Peirce suggested clarifying by adding "the total square footage of the seating area for restau- rants". Councilman Isaac said this amendment is to allow restaurants time to find out how much of their restaurants are needed for smoking and for non-smoking . Mayor Stirling said to designate anything less than 100 percent non-smoking in restaura- nts, does not address the essential health problems. Mayor 6 Regular Meeting Aspen City Council August 26, 1985 Stifling recommended adopting this ordinance as is, and taking it to the electorate to be ratified in May 1987. This way the city would know if the overall concept is working. Mayor Stifling said the language in this amendment should be clarified, if adopted. Councilman Isaac amended his amendment to state "the total square footage of the dining area"; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Isaac moved to delete Section 11-4.9(e); seconded by Councilwoman Fallin. City Attorney Taddune told Council any citizen would have a common law action for nuisance for violating a health and safety ordinance. Taddune said the question of attorney's fees has been governed by state statute rather than local law. All in favor, motion carried. Councilman Isaac moved to delete in Section 2 the words "or imprisonment in the county jail for a period of not more than 90 days, or both, at the discretion of the court; seconded by Councilman Collins. All in favor, motion carried. Mayor Stifling opened the public hearing. Councilwoman Walls suggested Council set a time limit per speaker. Mayor Stifling suggested one minute per speaker. Councilman Collins brought up Section 11-4.6(a)(4), "In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence" and questioned the legality of this and due process and giving prior prejudice to the smoker. Taddune said he agrees this may be improper, and will do research to see if there is case law. Mayor Stifling entered into the public record letters regarding this ordinance. Letters against the ordinance from Sirous Saghatoslami, Monica Hose, Ruth Mularz, George Odier, Aspen Restaurant Association, Casey Coffman. Letters from Hotel Denver saying their non-smoking sections work, Sheldon Fingerman suggested non-smoking sections rather than a total ban, Dick Butera, suggesting areas, King Thompson in favor of areas, Jody Bay, suggesting section. Letter from a doctor in California in favor of a total ban; Ralph Woodward in support; Edwin Peterson in support; letter from the Wienerstube in favor; letters from Photographers Aspen in favor of total ban; Bud Wilson, in support; Roz Hewey, in support; Murray Pope, in support; Dottie Fox, in support; Ellen Marshall, opposed to the ordinance; Jan Hose, in support; Gus Hallum, in support Of the ordinance; John Walla, requesting to work on a better ordinance. Sirous Saghatoslami said the government should be objective in coming up with solutions to accommodate disputing segments 7 ReGular Meeting Aspen City Council -August 2~, 1985 rather than taking sides. Saghatoslami said the non-smoking side seems to be getting preferential treatment. Saghatoslami urged Council to exercise pragmatism in solving this problem. Candi Shaffron supported the total ban, cigarettes in restaurants can offend other people. Jeanie Lemos supported the total ban and said the government has to enter in and take care of what is not being done. Dr. Whitcomb said tobacco is one of the most addicting compounds, and the government has to get involved because this is an irrational situation. Ron Joseph said this ordinance is not ready to be implemented and will cause problems. Aspen is a tourist town, and the economic impact on the people working in restaurants should be considered. Ken Reid said there is no doubt second hand smoke is harmful, and is in favor of this ordinance. Pat Richards said this ordinance is a response to the fact that people are not taking responsibility for themselves. Richards said he against this ordinance. Phil Victors said he does not support the smoking ban, Council has not done any economic impact studies. Council is trying to take private entrepenuership out of the hands of individuals. Victors said his retail store is not a public place; he pays the bills. Stacy Standley said his Council in the 70s did not have the courage to pass a no smoking ordinance and was faced with the same economic information. Standley said Aspen is the class act in ski resorts, and should show leadership whenever possible in dealing with the public health and well being of the guests. Joseph Meyer, Clean Air Advisory Board, said he would like to be allowed to be a non-smoker, which is not allowed in restaur- ants. The idea of not having sections is to simplify things for the restaurants and make it easier. Meyer said he did not feel there is any evidence of adverse economic impact. Jeffrey Evans said he does not feel anyone will get hurt economi- cally. Frank Spofford said he does not agree with Ordinance #35, and there should be some type of compromise. Klaus Christ said he is against government interference, and this ordinance is an unnecessary burden on the restauranteurs. Dick Butera suggested a compromise to deal with the fact of economic interests to pass an ordinance stating no smoking in any public place in Aspen except where signs are posted stating smoking permitted. This would allow the restaurantour to have a choice based on their market. Jon Busch said many more people do not smoke than smoke and is in favor of this ordinance. Robert Morris said there should be sections as a courtesy to guests and supports the ordinance. Jim Curtis told Council he supports smoking sections and having Council take leadership on a phase-in basis and then letting the 8 Regular Meeting Aspen City Council August 26, 1985 market place determine. Suzanne Caskey, representing the Clean Air Advisory Board, told Council CAAB supports Ordinance #35 and achieving clean indoor air for citizens and guests. Ms. Caskey said the CAAB found it impossible to ignore the harmful effects of passive smoking, and urged Council to pass this ordinance. Callie Peirce said the only way to have no smoking is to pass legislation. Terry Crocow told Council she is in total support of the ban, and it is time to look at the health and well being of people. Josh Saslove pointed out the difference in Stapleton airport since the smoking ban. Saslove said an ordinance of this type will make it easier for employees in restaurants. Don Lemos said the amendments have watered this down so that smokers would not be so offended. Lemos said he is in favor of the ordinance. Suzie Baker said restaurants should supply sections and this ordinance will require employees to tell people they cannot smoke. Pete Meersman, Colorado Wyoming Restaurant Association, told Council the restaurant operators are concerned with econo- mics, and some sort of compromise should be reached. The Colorado Springs law allows the percentage of sections to fluctuate according to the demands of the customers. Ray Lucchini, restaurant owner, said the ordinance states if the facility if primarily used for bar purposes, there will be no smoking. Lucchini said his restaurant serves 60 percent alcohol and 40 percent food sales. Lucchini questioned what "primarily" means. Taddune said the intention is that the eating area of a facility would be governed by this ordinance. Councilwoman Fallin asked if restaurants could ask for exemption from some body. Taddune said there is language allowing operators to request a variance based on circumstances. Lucchini said his business is primarily selling alcohol. Mayor Stirling said he feels the ordinance would include this establishment. Taddune said the dilemma is for an establishment which focuses primarily on drinking, even though food service is required. Jim Mollica said he never realized how many people are against smoking until he started working on this ordinance. Mollica said he feels 100 percent no smoking is more practical for everyone involved. Mollica said he does not feel Aspen will lose business because of the non smoking ban but rather people will come here because of it. Mollica said he would like to see this issue go to an election. Mark Rockwood said people need initiative to stop smoking and is in favor of the ordinance. Fred Peirce supports the ordinance as written; it is clear there are health issues involved. The government should be involved where there are health issues. 9 Reqular Meeting Aspen City Council August 26, 1985 Dan Gold said medically it can be proved secondary smoke is harmful. Gold pointed out the major industry in Aspen is not worried about this ordinance. Bill Venner told Council he supports this ordinance. Dan McArty, business owner, supports the ordinance and has never lost a customer by asking them not to smoke. Monica Hose said the way the ordinance is written is wrong. There are economic factors to look at and the Council should study these. Butera pointed out all restaurant owners will want variance hearings; there will be various interpretations the way this ordinance is written. Butera reiterated there should be no smoking in a public place, except where the owner posts a sign "smoking permitted". This would eliminate hearings, interpreta- tions, police, and controversy. Whitcomb said tobacco kills people and would not like to sit next to someone smoking. Sirous Saghatoslami said he also has a problem with what consti- tutes a bar and what constitutes a restaurant. At the Tippler apres ski, he serves appetizers as a courtesy and food is only 1 percent of the daily gross. Saghatoslami said this should be clarified. Spence Videon, Aspen Resort Association, told Council they took a stand on the original Ordinance #35, which was against the ordinance and questioned how it would be enforced. Videon said he agreed with Butera, to allow the free market to determine what will happen. John Walla told Council this is a resort and depends on people coming to Aspen. Walla said a 1 or 2 percent change in business could affect a lot of businesses. Walla said he was under the impression this ordinance would be reviewed at a certain time in the future. Taddune said he recommended not to add this into the ordinance. Walla said this ordinance will be 100 percent no smoking unless a restaurant puts in time and money to physically separate and independently ventilate the smoking section. Stacy Standley said what Butera is suggesting is not an alterna- tive; it is a "do nothing" situation. Edith Dunn said the most important aspect of this is the health problem. Jeffrey Evans said this ordinance is fair because it effects all businessmen equally. Sharon Moltica said after the EPA reports, people cannot not pass legislation on smoking. Ms. Mollica thanked Council for their efforts and said she favors the "phase in" approach as long as the goal is to separate the air space for non-smokers. Ms. Mollica presented a petition with about 1,000 signatures in support of this and letters in support of this also. Doug Besant, restaurant association, said Council should re-write this ordinance before passing it as there is confusion in the language. Joseph Meyer said the 100 no smoking ban is much more fair and eliminates competition between restaurants. 10 Regular Meeting Aspen City Council August 26, 1985 Mayor Stifling closed the public hearing. Councilwoman Fallin said she would like the review of this ordinance be put into the ordinance. Taddune said this can be incorporated into the ordinance, but is a political rather than legal statement. Councilwoman Fallin said she would like a time to have comments from restaurants and citizens on how well this ordinances is working before any structural changes. Mayor Stirling recommended submitting this to the regular municipal election in May 1987, which would have given everyone two winter seasons to see how this is working. Councilwoman Walls said for simplicity, the ordinance should not include an election date. Council can always decide whether or not to put something on a ballot. Adding an election date in the ordinance would require Council to put this to the voters. Councilwoman Walls moved to adopt Ordinance #35, Series of 1985, as amended; seconded by Councilman Isaac. Councilman Isaac asked if Council can vote on this ordinance now and have the city attorney Taddune clean up the language in 11-4.4(f). Taddune said Council can vote on the refined language at the next regular meeting. Mayor Stifling said this ordinance was citizen-initiated, and Council has responded. Mayor Stifling said he preferred the ordinance before it was amended as it was applied equally. Mayor Stirling contended in one or two years, it may be inconceivable for people to smoke in restaurants. Mayor Stirling said there is a heightened awareness of citizens. Mayor Stifling said smoking is a health issue, and it is time for Council to pass some legislation. Councilman Collins said restaurants are private businesses and if people do not like the menu or service, they do not have to go to those restaurants. Councilman Collins said the costs to restaurants to have physically separated and independently ventilated areas for smoking will be prohibitive and will be difficult to achieve. Councilman Collins questioned the need to bring in government, creating another layer of staff to adminis- ter and enforce the program Councilman Collins said if 80 or 90 percent of the population does not smoke, it would be in restaurant's best interests to have no smoking. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Walls, yes; Collins, no; Mayor Stirling, yes. Motion carried. ORDINANCE #47, SERIES OF 1985 - Woodburning Amendments Mayor Stifling opened the public hearing. Lee Cassin, environ- mental health department, asked this be continued. The staff, 11 ReGular Meeting Aspen City Council August 26, 1985 CAAB and Aspen Mountain Lodge representatives have been working on this, have had some excellent suggestions for changes. Ms. Cassin said no one will be disadvantaged by waiting two weeks. Suzanne Caskey told Council the CAAB is having a work session August 29 at noon and invited Council to attend. Ms. Caskey said since original inception of this ordinance, the focus has changed from lodges to all dwellings. Council requested the study session be changed to 2 p.m. Councilman Isaac moved to continue the public hearing and final consideration to September 9, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #48, SERIES OF 1985 - Ground Water Rights Mayor Stirling opened the public hearing. Kevin Patrick said he does not feel this is an emergency ordinance and should not be passed as one. Only one page deals with the implied consent provisions of Senate Bill 5. The rest of the ordinance relates to water rights dedication, and are not of an emergency nature. Patrick said the implied consent provisions of S.B. 5 are not applicable to the town of Aspen. Patrick said the 5 specific aquifers are Denver-based. Patrick brought up the arbitrary labeling of private water systems as unfit for human consumption, stating nothing is further from the truth. Patrick said this arbitrary labeling is improper and illogical unless people actually have their water tested. Patrick said the ordinance should be bifurcated between the water rights dedication and the implied consent provisions. Jon Busch said he finds the allegation far-fetched that if he had a well and someone was injured drinking out of the well, that the city would be legally liable. Busch said he considers this ordinance confiscatory and would not allow his underground water rights to be transferred to the city. Mayor Stirling closed the public hearing. John Musick, city's water attorney, acknowledged the provisions dealing with the Denver-based aquifers do not apply to the city of Aspen; however, the Dakota sands do occur underlying Aspen. Whether these are water bearing or not is not known, it is arguable the statute does apply. Musick said this ordinance is probably not an emergency for Aspen but if this is not adopted by September 1st, these ground water rights could be conveyed away. Musick said upon annexation, the city requires people to dedicate their water supply to the city and lease the water back. Musick said the city does this in all annexations. Regular Meeting Aspen City Council August 26, 1985 City Attorney Taddune said there are people on wells in areas surrounding the city, and would be in favor of annexation if there was no requirement for water rights dedication. Musick said people are required to hook into the city system when annexed, but that is a different ordinance. Musick said there are instances when municipalities are sued because people expect the water to be treated to municipal standards. This has happened in the Vail valley area. This does not mean the city is liable, but it would have to defend itself. Councilman Isaac said it appears this is mixing two separate ordinances, and perhaps Council can address only the non-tributary groundwater. Musick said if Council wishes to do that, they can address only Section 23-55.1. Councilman Isaac moved to adopt Ordinance #48, Series of 1985 through Sections 23-55.1 (a) through (d), amend the title and adopt Sections 3, 4, and 5; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, yes; Collins, yes; Isaac, yes; Fallin, yes; Mayor Stifling, yes. Motion carried ORDINANCE #46, SERIES OF 1985 - Senior Citizens Water Rates Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Cindy Shafer, acting finance director, said Council was concerned about the guidelines setting maximum income levels. Ms. Shafer told Council seniors do not have to include the value of their individual residences. Councilman Isaac moved to adopt Ordinance #46, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Walls, yes; Collins, yes; Mayor Stirling, yes. Motion carried. ENCROACHMENT REOUEST - Trescott Jay Hammond, city engineer, told Council Ms. Trescott is renovat- ing her house. In obtaining a building permit, it was found the garage encroached into the alley by 4 inches. This application will grant a license to protect both parties. Ha~rm]ond said based on referral comments, the staff has no problems with this request. Councilwoman Fallin moved to approve the encroachment license for the existing garage at 401 West Francis; seconded by Council- woman Walls. Regular Meeting Aspen City Council August 26, 1985 Mayor Stirling asked if this encroachment would allow an increase in density or more construction on the property. l~ammond said garages are not counted in FAR calculations. Mayor Stifling asked if granting this encroachment means Ms. Trescott won't have to adhere to a setback. Hammond said she would not. All in favor, with the exception of Mayor Stifling. Motion carried. WOODSTONE PLAT AMENDMENT Steve Burstein, planning Office, told Council this application is for a number of changes to the Woodstone plat, which was approved in 1981. The applicant feels these modifications to internal spaces are necessary to upgrade the facility. Burstein corrected amendment #8 to change the deed restricted employee unit from Room 121 containing 369 square feet to room 232 containing 224 square feet. Burstein told Council the planning office recommends approval of amendments 1 through 7. Amendment #8 dealing with deed restricted units has not been resolved at this time, but staff feels it is acceptable to resolve this issue prior to recordation of the plat. Burstein said the current deed restricted unit is a larger unit with a kitchen, and to replace it with a smaller unit with no kitchen is not a fair substitution. Another alternative is to meet deed restricted obligation off site. Amendment #9 is to change the location of the trash storage area into the basement. Burstein told Council the Woodstone is non-conforming with respect to the number of parking places they have provided, and the trash move may take a parking space. The applicant wants to install a new awning on the western entrance on Spring street, which will need an encroachment license. Burstein recommended approval of these amendments with a condition about the employee housing unit, and a condition that nothing in this approval shall be construed to reduce the owners' obligations made by prior agreements. Dick Butera, representing the Woodstone, said the previous owners spent $790,000 correcting problems in this building, and this is a $450,000 improvement plan to correct more problems and to make better hotel rooms. Butera said they are adding no FAR nor any beds. Butera said they plan to move the bar from the Spring street side to the back of the building and put the lobby on the Spring street side. They will take the swim up bar out of the lobby and improve the views of the mountain. In the rooms, they are removing closets and walkways and make the rooms larger and improve circulation within the hotel. Butera said they are trading the employee unit because they do not feel a kitchen belongs in the hotel, and they have volun- 14 ReGular Meeting · Aspen City Council August 26, 1985 teered to make up the same square footage outside the hotel. Butera told Council they can put the trash pick up into the 1 p i re and visible, to the back alley. Mayor Stifling moved to approved the Woodstone plat amendment for the planned unit development accepting the 8 changes, subject to conditions 1, 2, 3, in the planning office memorandum; condition 4 adequate solution to the employee housing room be found and be presented to Council for approval; condition 5 that nothing in this approval shall be construed to reduce the owners' obligations made by prior agreement; condition 6.the applicant be allowed to replace the trash pick up to another location; seconded by Councilman Isaac. Burstein told Council losing a parking space for relocation the trash is probably a beneficial trade off for the city. Council- woman Walls said Council should not lose a parking space so fast as the applicant mentioned there is landscaped space in the back that could be a parking space. This area is very short on parking and very crowded in the season. Mayor Stifling amended his motion to retain the parking space in the rear; seconded by Councilman Isaac. Councilman Isaac asked if there are stairs into the lobby. Butera said there is enough width to install a handicap ramp. Mayor Stirling amended his motion to include condition 7 to include handicap access; seconded by Councilman Isaac. All in favor, motion carried. FERGUSO N PUD AMENDMENT Steve Burstein, planning office, told Council this parcel is located at the northeast corner of Midland avenue and Cooper street. The proposal is to split lot 4 into two lots, lot A 21,047 square feet and lot B of 6,000 square. This area is zoned R-15/A/PUD. Burstein told Council there would be a 400 square foot addition to the 1220 East Cooper (lot A) residence. The house on lot B is deed restricted to the middle income guide- lines. Burstein said lot B would be a non-conforming lot of 6,000 square feet in an R~15 zone; however, the non-conformities were inherited by the city when this was annexed. The non-conformities cannot be reduced by this lot split action. Burstein said this action is in the best interests of the city as a deed restriction has been obtained and lot A will no longer 15 Regular Meeting Aspen City Council August 26, 1985 be non-conforming. Burstein said staff and P & 'Z have recom- mended approval. Councilman Isaac moved to approve the Ferguson PUD amendment and subdivision exception subject to the 5 conditions in the planning office memorandum; seconded by Councilman Collins. Barbara Purvis, representing the applicant, told Council this proposal will remove the non-conformity on the large lot and does allow an addition to the main structure. The employee unit is about 1239 square feet and will not be changed. Ms. Purvis told council there are presently two non-conforming structures and this will remove one non-conformity. All in favor, motion carried. JENNY ADAIR PARK REPORT Cindy Shafer, acting finance director, reminded Council they had directed staff to see if there is money available in the land fund. Ms. Shafer told Council there is $17,000 available which is what it would cost to dredge Jenny Adair, and the Rio Grande. Ms. Shafer said an issue is whether Council should spend the entire $17,000 under the 25/75 provision of the land fund as $17,000 represent the total balance left in the land fund of the 25 percent for maintenance this year given the revenue project- ions. Ms. Shafer said the perks director has given more priority to other items in the parks program. Ms. Shafer said another issue is whether Council should reconsider the 75/25 ordinance given the amount of open space purchased since the adoption of that ordinance. Assistant City Manager Ron Mitchell said the parks director has recommended giving attention to Bugsy Barnard , Rio Grande, Plumtree parking lot, Marolt/Thomas properties before taking care of the this request. Councilwoman Walls said she does not feel this property is inconspicuous, alot of people hike on the Rio Grande trail. Councilwoman Walls said none of the city's settling ponds are inconspicuous. People feel this is an unsightly mess to have along the trails. Councilwoman Fallin said A.C.E.S asked to have this done as it is a threat to the wildlife as well as their pond. Councilwoman Fallin asked if the staff has approached A.C.E.S to perticipate in this financ- ially. Hammond said he would investigate this. Councilman Isaac moved to approve spending $16,760 from the land fund to dredge Jenny Adair, Rio Grande and Visual Arts ponds; seconded by Councilwoman Fallin. Regular Meeting Aspen City Council August 26, 1985 Mayor Stirling said he feels this creates good will in the community. Mayor Stirling agreed there are other areas that do need work. Councilwoman Fallin suggested Council have a work session with the parks department to prioritize the perks in town. City Manager Hal Schilling pointed out to Council that dredging is not beautification. Councilwoman Walls said it is imperative the work take place this fall. Councilwoman Walls suggested Council discuss changing the 75/25 ordinance. Council- man Collins asked about the retention pond at Neale street. Hammond said this retention pond is new enough not to need dredging. All in favor, motion carried. TRANSPORTATION ELEMENT SCOPING/DOWNTOWN PLAN BRIEFING Mayor Stifling said Councilman Isaac would like a discussion of the Volk property added to this item. Tom Baker, planning office, reminded Council the planning office proposes to shift their focus to transportation and landuse in downtown. At the August 6 work session, Council directed staff to prepare a proposed scope of work for a downtown plan to coordinate with RFTA and to identify where a consultant may be required. Baker said the proposed scope includes a transportation element for the Aspen area and landuse for the downtown. Baker told Council in scoping the work, staff realized many solutions to the downtown problems relied on the ability to address transportation issues. Baker told Council staff has had two meetings with RFTA and discussed RFTA'S transit development program. Staff and RFTA discovered overlap in areas like Rubey park, trolleys, shuttles. It was found that the consultant hired by RFTA to do their TDP would be using planning and engineering staffs. Baker told Council RFTA plans to have a consultant hired by December 1. Baker said the staff feels it will be possible to hire one consultant to do both the TDP and the transportation element. Baker said he would like Council to address four areas; (1) the appropriateness of the questions in the memo, (2) conunent on the approach for the plan, (3) the timing, and (4) the role of the consultant. Baker said the consultant will provide technical assistance to the staff, but the staff will be the lead group on the plan. The proposed scope of work is broken into 7 sections. The first is research in obtaining state of the art technologies for the transportation element or downtown landuse plan. The consultant will help to tie together this information. The staff will review pest plans and reports and offer any information to the 17 Regular Meeting Aspen City Council August 26, 1985 consultant. In existing conditions, the staff will work with the consultant, who will develop a computer model, hopefully to be used in-house. The fifth section is to identify concepts of what downtown should be in the future, and there will be joint work sessions with Council, P & IZ, CCLC, and public. Out of this work session should come 5 or 6 broad schemes for downtown. This will be nsed in the projection and analysis section. The consultant will help in the refinement phase of this section. The staff will then analyze the alternatives with cost and feasibility; advantages and disadvantages. The staff will handle the actual plan development itself. Baker presented general concepts incorporating parking, trolleys, malls, auto free zones, light rail to the Airport Business Center. Mayor Stirling asked how the consultant would be funded. Baker said there is the ability for the planning and engineering department to offer in-kind services back to RFTA if there is the possibility of funding from RFTA. Baker said it makes sense to use the same consultant, if the timing is right. Councilman Isaac said he feels the property at the corner of Cooper and Galena is very valuable to the city. If it is sold, the city will not have the opportunity to use this in an expan- ded mall. The letter from Robin Molny and Stacy Standley shows the city can acquire this over a period of time. Robin Molny told Council he feels there is historical and current signifi- cance in the property called Independence Square. Molny said this property deserves an in-depth looking by planning and Council to see if this is a bona fide candidate for acquisition. The downside to acquiring this is cost and lost revenues. Stacy Standley told Council he had met with staff about funds that appear to be available for funding this property. Standley said this property is the major view corridor of the whole community. Standley said purchasing this property would preserve options for the city. City Attorney Taddune cautioned Council that targeting a property in the process of development puts them on a collision course, and a decision needs to be made quickly. Mayor Stirling said there are many pressures on the Council about open space issues. Mayor Stifling said this would be an expans- ive property given its location and development potential. Jon Busch told Council he supports Council buying this property; it is an extremely critical piece of property. This corner is landlocked by adjoining buildings, and it is hard to service. One of the most important assets is in terms of community applicability. Councilman Isaac said he would like staff analyze the purchase of this property, what uses it could be put to, look at funding alternatives. Councilmembers Collins and Walls agreed. Councilwoman Fallin stated a conflict of interest. 18 Regu}ar Meeting ....... Aspen City Council August 26, 1985 Bruce Abel, RFTA, told Council they are putting together a scope of work for a transit development program (TDP), which is a federally mandated study to describe how the co~ununity wants the transit agency to unfold in the next 5 years. RFTA has received funds from the Urban Mass Transit Agency to conduct a study. Abel told Council they do not expect to spend the full budgeted amount on the items RFTA needs to cover in a TDP. Abel told Council he has discussed with UMTA the possibility of using the remaining money to look at transit-related issues. Abel said their interest is to get something practical and implementable. Abel said some specific items discussed with UMTA are the downtown terminal, Rubey Park, Trailways buses and the interface between RFTA and the private transportation, impacts of downtown circulations patterns on transit, parking needs. Abel told Council they have worked with a number of consultants who have transit as well as landuse capabilities. Abel said he will present the scope of work for the TDP at the next Board meeting. Baker told Council when the staff looked at a downtown plan, it was clear immediately transportation needed to be addressed. Baker said in terms of pure land use questions, there may not be many that do not have transportation impacts. Baker asked the Council to look at the fundamental questions in the memorandum, see if they are appropriate, if a successful downtown plan will address these, or suggestions for additions. Mayor Stirling said the growth management system is integral to all the questions. Mayor Stifling said the "downtown area" has to be defined. Mayor Stifling said this plan seems to be on the right track. Councilman Isaac asked if staff has looked at the budget possibilities in funding this plan. Baker said that will be part of the scoping. City Manager Schilling said the funding for these improvements will be separate from the city's budget and will be improvement districts or general obligation bonds. ORE~INANCE-~4~, ,SERIES- eF t985 - Appropriations Councilwoman Walls moved to read Ordinance #49, Series of 1985; seconded by Mayor Stifling. All in favor, motion carried. ORDINANCE #49 Series of 1985 AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $287,000; RECLASSIFYING PREVIOUSLY APPROVED EXPENDI- TURES WITHIN THE GENERAL FUND OF $2,500; REVERSING A TRANSFER OF $95,000 FROM THE GENERAL FUND TO THE 1985 G.O. STREET IMPROVEMENT DEBT SERVICE FUND; APPROPRIA- TING LAND FUND EXPENDITURES OF $124,600; REDUCING 1985 G.O. STREET IMPROVEMENTS DEBT SERVICE FUND EXPENDITURES 19 Regulars. Meeting ......... As~en City Council August-26, 1985 OF $95,000; REDUCING 1985 G.O. STREET IMPROVEMENT FUND REVENUE OF $700,000; REDUCING 1985 G.O. STREET IMPROVE- MENT FUND EXPENDITURES OF $700,000; RECOGNIZING ELECTRIC FUND REVENUE OF $2,050,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $2,230,000; RECOGNIZING GOLF COURSE FUND REVENUES OF $5,000; APPROPRIATING GOLF COURSE FUND EXPENSES OF $5,000 was read by the city clerk Councilman Collins moved to adopt Ordinance $49, Series of 1985, on first reading; seconded by Mayor Stifling. Councilman Isaac said he has voted against these appropriations previously. Cindy Shafer, acting finance director, told Council the main thrust of this ordinance is correcting the capital improvement program adopted in fall 1984. This was quite a different capitol improvements program than the one actually approved by Council. The main difference is the funding sources, appropriates the electric bond issue, the first phase of city hall. Roll call vote; Councilmembers Fallin, yes; Walls, yes; Collins, yes; Isaac, no; Mayor Stifling, yes. Motion carried ORDINANCE ~t50,-SERI~OF .~I-985 - Lease/Purchase Agreement Gelco Mayor Stifling moved to read Ordinance #50, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE $50 Series of 1985 AN ORDINANCE APPROVING AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND GELCO MUNICIPAL SERVICES, SETTING FOR THE TERMS AND CONDITIONS FOR THE LEASE OF VARIOUS EQUIPMENT (SPECI- FIED IN EXHIBIT "A" ATTACHED) BY THE CITY OF ASPEN FROM GELCO MUNICIPAL SERVICES AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance $50, Series of 1985, on first reading; seconded by Councilman Collins. City Attorney Taddune told Council he is reviewing the agreement. Councilman Collins asked if the city took bids for this financing. Cindy Shafer said the staff took bids. Roll call vote; Councilmembers Collins, yes; Isaac, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ~-~. 20 Regular Meeting ...... Aspen City Council August 26, 1985 ORDINANCE NO~-54 ~-8ERI~8-OF 1985 - Lease/Purchase Honnen Councilman Isaac moved to read Ordinance #51, Series of 1985; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE NO. ' 51 Series of 1985 AN ORDINANCE APPROVING AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND HONNEN EQUIPMENT CO. SETTING FOR THE TERMS AND CONDI- TIONS FOR THE LEASE OF A JOHN DEERE BACKHOE LOADER BY THE CITY OF ASPEN FROM HONNEN EQUIPMENT CO. AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEEALF OF TBE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #51, Series of 1985, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes; Fallin, yes; Mayor Stifling, yes. Motion carried. BUDGET ~RE(}UEST E~EeTRIC-{)PERAT~IONS Jay Hammond, city engineer, told Council there are deficiencies in the electric system and the ability to maintain the system. Hammond said some of the items requested are needed to find faults in the electric system that are undergrounded. The city is currently depending upon Holy Cross to do those locations. The former electric director was concerned about reliability of service and that the city should have locating equipment in-house. The list of tools and equipment needed are safety related and the ability of a lineman to deal with a problem in the system while it is live. Hammond requested $35,000 appropriation for listed equipment and the addition of a temporary lineman to upgrade the capabilities within the department. When Ruedi comes on line, the city will be utilizing funds from Ruedi to fund a position to handle Ruedi. Councilman Isaac asked if there is money available in the electric fund for this request. Cindy Shafer told Council there is money. Councilman Isaac moved to appropriate $35,000 from the electric fund to the electric department operating budget; seconded by Councilwoman Fall in. Councilman Collins said he would rather table this request until budget time and when there is a new superintendent of the electric department. Councilman Collins said most of the equipment is standard and should be budgeted items. Council- 21 Regular~IMeeting ..... Aspen City Council AuguSt 26, 1985 woman Fallin asked if the city is paying Holy Cross a fee to do these location. Hammond said in general, the city is not paying except for wire pulling. Hammond said the city is creating a system which is much more underground than in the past. Hammond said the staff is concerned about reliability of the system and not being dependent on another utility company. Councilman Collins said if the city purchased this equipment, the capacity to find faults will be duplicated. The work has been done by Holy Cross in the past and maybe the city should pay for this work and it would be cheaper. Mayor Stirling said this budget request is from a legitimate concern, but Council will be starting the budget process within one month. Councilman Isaac pointed out there is money available now, and this is a health and safety issue. Councilman Isaac in favor, everyone else opposed. Motion NOT carried. CONSENT AGENDA Councilwoman Walls moved to adopt the consent agenda; seconded by Councilman Isaac. The consent agenda is liquor license renewals - City Market; Magnifico's; Skier's Chalet, and Special event permits Aspen Ski Club; Filmfest. Mayor Stifling moved to continue the meeting to Thursday August 29 at 3:30 p.m. to consider funding requests from the Nordic Council and CCLC; seconded by Councilman Collins. All in favor, motion carried. Council left the meeting at 10:20 p.m.