Loading...
HomeMy WebLinkAboutminutes.council.19850909Reqular Meeting Aspen City Council September 9. 1985 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Walls, Fallin, Isaac, and Collins present. MINUTES Councilman Isaac moved to approve the minutes of July 22, 29, August 12, 1985; seconded by Councilwoman Fallin. All in favor, motion carried. CITIZEN PARTICIPATION 1. Bill Martin told Council he has been checking on the application of the FAR regulations. Martin said he talked to the building department and found the present FAR ordinance has not solved the problem because there are exceptions for over- hangs, and garages. Martin suggested the Council appoint a disinterested person to see if the two new houses on Bleeker street between First and Second meet with city's regulations. Martin said the city will find that the FAR regulations are not doing what they were intended because it appears that lots are being overbuilt. Martin said it is possible there is a violation of the floor area ratio. Council asked the city manager to follow this up and report back to staff. Mayor Stirling said he would be interested in the results of this observation. 2. David Barbier, organizer of the Aspen Triathalon, thanked Council for their support for this event. Barbier said the triathalon was a huge success. Governor Lamm ran in the sprint course. One of the entrants is a writer for Triathelete maga- zine and is going to do an article for this magazine. Steve Hall said there were about 200 entrants, 50 local and 150 from out of town. Hall told Council they have big plans for future races and hope to grow. This triathalon is considered to be in the upper echelon of races in the country. COUNCILMEMBERCOMMENTS 1. Councilwoman Fallin announced the Northwest COG meeting will be in Aspen September 26 at 4 p.m. at the community center. Councilwoman Fallin said she will distribute agendas. 2. Mayor Stirling said the Buffet-Podolak shoot out golf tournament is taking place. There was a record number of entrants from all over the country. The fund raising concert was last night. The sponsors of the tournament passed on thanks to Council for giving seed money last year. Mayor Stirling said the volleyball tournament last weekend was the 16th annual and the most successful ever. Regular Meeting Aspen City Council September 9. 1985 3. Councilman Collins requested a report on the new Maroon creek diversion dam. City Manager Schilling said he has reports from staff, which he will put together in a summary report for Council. Schilling said he will also put together a report on the Aspen Mountain Lodge. 4. Councilman Collins said there is a memorandum from staff about a subdivision exception application on the Institute property, and if Council had any questions they should bring them up at this meeting. Councilman Collins said he would like to discuss this application at tonight's meeting. City Attorney Taddune told Council the public hearing has been scheduled for September 23. Taddune said he would circulate the application and will answer any questions Council has. 5. Councilman Isaac brought up the fair labor standards acts, and asked the city manager to report to Council about any problems the city may have with the FLSA. 6. Councilman Isaac brought up the editorial in last week's Aspen Times about the city not making their meeting rooms more accessible. Councilman Isaac proposed that the Council move their meetings to the community center. Mayor Stifling suggested discussing this on the September 23 agenda. City Attorney Taddune read from the Charter and it does not seem to preclude meetings outside the city limits. Councilman Collins said he has investigated installing a lift on the north side of the building to give access to the Council Chambers. Councilman Collins pointed out that city hall is going to be renovated. The lift would cost $6,000 and could be resold. ORDINANCE #35, SERIES OF 1985 - Clean Indoor Air Act Mayor Stifling said Council has to ratify the changes to the ordinance which was passed two weeks ago. City Attorney Taddune told Council a change requested by Council is to change "prohibit" tobacco to "control and Limit". Taddune pointed out the title should be changed to include control and limit tobacco in places of employment. Councilwoman Walls moved to substitute throughout the ordinance "control and Limit" for "prohibit"; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Walls moved to insert in the title and second whereas "and places of employment"; seconded by Councilman Isaac. All in favor with the exception of Councilman Collins. Motion carried. 2 Regular Meeting Aspen City Council September 9. 1985 Mayor Stifling said there is a change in 11-4.3 definitions of "bar area" which is" bar area comprises 15 feet or less from the perimeter of a permanent counter, primarily devoted to serving alcoholic beverages and within which the service of food is only incidental to the consumption of such beverages." Mayor Stirling said there is alternative language suggested in 11-4.3(a) which would open up a series of hearings before Council which are already implied in the ordinance. Councilwoman Fallin said there are some circumstances in town where, under state law food has to be served, but the establishments are primarily a bar. Councilwoman Fallin said this ordinance does not provide for establishments that are truly bars, and recom- mended keeping the alternate language. Councilwoman Fallin said there ought to be guidelines to judge what is a bar and what is not a bar. Mayor Stirling said he would prefer to leave out the alternate language and not even include 15 feet from the perimeter. Taddune said the 15 feet is an approximately of the standard area around a bar. This was inserted to accomplish some specif- icity as to what is a bar area. City Manager Schilling said he is concerned about the 15 feet; it may be troublesome and cause a lot of appeals. Taddune said the reason to include a specific number is when the ratio is developed for non-smoking and smoking areas, there has to be a way to adequately define the dining area. The dining area would not include the bar area. Mayor Stirling said he would prefer deleting the 15 feet from the counter and have no alternate language. Councilman Collins questioned cocktail lounges and nightclubs where the serving of food is incidental, and feels in establishments principally serving liquor there should be no smoking restrictions. Taddune said pipes and cigars will be prohibited in any bar area. Taddune said he has attempting to insert a procedure for facili- ties to be evaluated on a case by case basis. Taddune said there may be a situation like Cooper Street Pier, Little Armies or the Tippler which may be more appropriately characterized as a bar area. Taddune told Council it is difficult to draft language which addresses every situation in town. Councilman Collins asked about the situation where an establish- ment stops serving food at a certain hour but stays open until 2 a.m. Councilwoman Walls said the only way to find out if this works is to go ahead and try this. Councilman Isaac moved to amend Section 11-4.3(a) as proposed with the 15 feet addition, including the alternate language and in 11-4.3(b) adding "excluding the bar area,. Motion DIES for lack of a second 3 Regular Meeting Aspen City Council September 9, 1985 Councilman Collins questioned if the motion means the alternate language is in lieu of (a) or in addition to. Councilman Isaac said his motion is to add the alternate language as well as retain (a). Taddune said he inserted the 15 foot standard but recognized there may be instances where Council may want to extend that 15 feet to address the types of establishments discussed above. Councilman Isaac moved to amend Section 11-4.3(a) as proposed with the 15 feet addition, including the alternate language and in 11-4.3(b) adding "excluding the bar area"; seconded by Councilman Collins. All in favor, with the exception of Council- woman Walls and Mayor Stirling. Motion carried. A definition of "independently ventilated" has been added to the ordinance. Lee Cassin, environmental health department, told Council they wanted a definition to make it clear that this means the ventilation systems are to be independent. Ms. Cassin said the environmental health department does the plan reviews, and they will have to approve or deny the ventilation system. Mayor Stirling said there is a definition for "enclosed" and the issue is does "physically separated" imply enclosed. Councilman Collins asked if there should be a definition of "physically separated" in the ordinance. Taddune said he feels physically separated also means enclosed. Councilman Collins said physically separated could mean by a screen or by plants. Councilman Collins said enclosing compartments in restaurants will change the whole character of the restaurant. Mayor Stirling asked the proponents of the ordinance what the intent of physically separated was. Sharon Mollica said the intent was physically enclosed. Mayor Stirling suggested eliminated the definition of enclosed and leave in physically separate. Councilwoman Fallin said that contradicts 11-4.5 which states that structural modifications are not required. Mayor Stifling said it is the choice if is restaurant owner wants to have a smoking area, it has to be physically separated. Mayor Stifling moved to delete 11-4.3(c) the definition of enclosed and add (i) the definition of independently ventilated and readjust the lettering Taddune recommended leaving the definition of enclosed in the ordinance, as long as Council concentrates on the physically separated. Mayor Stirling withdrew his motion. Mayor Stirling moved to add 11-4.3(i) independently ventilated and delete the "shalls"; seconded by Councilwoman Walls. 4 Regular Meeting Aspen City Council September 9, 1985 Councilman Collins asked if this could be the same ambient air, or is it to be distinct separation. Councilman Collins pointed out this can be accomplished with negative air pressure to make the air flow the way one wants it to. Councilwoman Walls said the reason for this section is so that the air from the smoking section is not pumped into other areas. All in favor, with the exception of Councilmembers Fallin and Collins. Motion carried. Taddune said in Section 11-4.4, Smoking Prohibited, he used a different format to make the ordinance more clear. This lists where smoking may be permitted at the option of the owner of the establishment. There are 5 areas identified. One is exterior of the building in which the establishment is located. Another is that pipes and cigars shall not be permitted in any bar areas. Another is any enclosed rooms being used for private functions. The last two address the concept of phasing in independently ventilated and physically separate. The first is that smoking of cigarettes is limited to not more than 50% of the dining area until June 1, 1986. Taddune said #5 is the more strict standard including physically separated and independently ventilated. Taddune presented alternate language for this section. "After June 1, 1986, in a secondary, physically separated and independently ventilated interior area that is specifically designated and signed as a "smoking permitted" dining area, provided that such secondary dining area shall not exceed in square footage an area equal to 50% of the square footage of the primary dining area." Schilling said this is not a substantive change but one for clarity. Schilling said effective June 1, 1986, the option to allow 50% of the dining area for smoking would not longer exist, except an owner could go to the expense of physically separating and independently ventilating an area for smoking. Taddune said the smoking of pipes and cigars should be prohibited in such areas should be included. Mayor Stirling suggested adding the word "contiguous" in subsection (4) "area limited to not more than 50% of contiguous floor space". Taddune said the above language encompasses the concept that non-smoking shall be primary and smoking permitted should be secondary to the main dining area. Councilwoman Walls moved to adopt Section 11-4.4 as amended including "contiguous" in subsection (4), including the manager's recommended language, and including the smoking of pipes and cigars shall be prohibited; seconded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion carried. Regular Meeting Aspen City Council September 9, 1985 Taddune said there is a change in retail stores to make it consistent with places of employment. The work spaces in the back of stores should be encompassed by the place of employment regulations. Taddune recommended to delete "except areas in such stores not open to the public". Councilwoman Walls moved to amend 11-4.4(g) as recommended; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Collins and Fallin. Motion carried. Taddune said there was concern about any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. Taddune has recommended deleting this language because it may be thought to be arbitrary. Taddune told Council this language is in other city's non-smoking ordinances. Schilling said in cases where one employee does not smoke and is offended by other smoking employees, the employer must either find an alternative work space or ban smoking. This is where the rights of the non smoker prevails. Councilwoman Walls moved to leave 11-4.6(4) in the ordinance; seconded by Mayor Stirling. Councilman Collins said this reads "any" dispute, which is rather arbitrary. Councilman Isaac suggested adding "In any dispute arising in the work place" Councilwoman Walls and Mayor Stifling accepted that amendment. All in favor, with the exception of Councilman Collins. Motion carried. Taddune told Council in the original ordinance, there was a $25.00 fine and definition of infraction. Taddune said he changed this to the standard enforcement, which includes $300 fine and imprisonment. Council has requested that the imprison- ment be deleted. Councilwoman Walls moved to delete the imprisonment language; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Walls moved to adopt Section 2 as it has been changed; seconded by Councilwoman Fallin, Taddune said these changes are technical in nature and are not substantive. All in favor, motion carried. Councilwoman Walls moved in Section 3 to delete the "penalties and relief"; seconded by Councilwoman Fallin. All in favor, motion carried. 6 Regular Meeting Aspen City Council September 9, 1985 Councilman Isaac moved to adopt Ordinance #35, Series of 1985, on second reading, as amended; seconded by Councilwoman Walls. Councilman Collins pointed out that Sections 11-4.6(d) and Section 11-4.8 seem to be redundant. Councilman Collins quest- ioned the language "No smoking areas are not required, although they are encouraged" as suitable language for an ordinance. Mayor Stifling said this language encourages people would prohibit smoking beyond public places. Schilling noted that "members only organizations" are exempted. Bil Dunaway said he feels that hotel and motel lobbies are every bit as public as dining areas; they should not be under the exceptions. Sharon Mollica said the intent is that people in lobby circumstances would not be in that space for any period of time. Schilling said lobbies were included in the original ordinance. Ms. Mollica said deleting lobbies was one of the compromises. R011 call vote; Councilmembers Isaac, yes; Fallin, no; Collins, no; Walls, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #47, SERIES OF 1985 - Woodburning Amendments Mayor Stifling opened the public hearing. Lee Cassin, environ- mental health department, suggested Council have the public hearing but table final adoption of the ordinance for some amendments. Ms. Cassin said they have come up with a options for Council to consider for existing woodburning devices. Ms. Cassin told Council Ordinance #47 should be continued for two weeks, and the staff will present a separate ordinance to deal with existing devices. Ms. Cassin said in considering ways to control existing devices, there are different categories to lessen pollution. One is to address the fuel burned; another is to address how and when the devices are used; get rid of the devices; and alter the devices to be more clean burning. Ms. Cassin said lots of communities have addresed future devices but none have done anything about existing devices. Ms. Cassin said one option for future devices is an offset procedure. If a person wants to install a woodburning device, they have to get rid of a certain number of others. Another possibility is to get rid of all woodburning devices in a certain time period. It would take personnel to find where the devices are and that they really are eliminated. Another option is for Council to offer a rebate to encourage people to replace their woodburning devices. There is not funding available to do this option at this time. Council could fund rebates by license fees for existing devices. 7 Regular Meeting Aspen City Council September 9, 1985 Another alternative would be to outlaw woodburning devices during inversions. Woodburning tends to happen at night when it is difficult to see who is doing it and where the smoke is. Ms. Cassin said Council could try to limit the amount of wood burned, which would be difficult to enforce. Council could impose moisture requirements on the wood that is sold as wet wood causes more pollution than wood that has been seasoned. It is possible to determine the amount of moisture in wood, and it has been suggested the city license wood suppliers. Ms. Cassin said Council can prohibit the burning of coal, which is more polluting than wood. Council could require every woodburning device be inspected every year or two. Council would have to do this if they went with a rebate or licensing program. In an inspection program, people could also be educated about burning practices, unsafe flues. Council could prohibit the burning of certain species of wood. Council could require add on catalysts, which would work for stoves but not fireplaces. Ms. Cassin pointed out that stoves are a small part of the problem. Ms. Cassin said all of the options have enforcement problems. Ms. Cassin told Council Ordinance #47 as passed on first reading would allow one certified device per building. The standard has been made more lenient to coincide with the state standards. Lodge projects that want fireplaces in the lobby would be allowed to do so if they put in alternative control devices in the flues. Sy Coleman said it is possible to know when there is an inver- sion, and infrared scanners exist to find which fireplaces are going. John Isaac, mason, said the ban on construction of new fireplaces is unfair to masons who make a living building fireplaces. Isaac told Council about 40 percent of his work is fireplaces. Isaac said it is also unfair to new homeowners not to be allowed to have fireplaces, and it will make this hard to enforce. Ms. Cassin said Ordinance #47 allows unlimited numbers of natural gas devices, including moss rock masonry fireplaces. Bill Martin said he is concerned whether this is treating just one segment of the problem. The city should be looking at the entire spectrum of the cause of pollution in Aspen, what is causing pollution, and the contribution of woodburning to the total percentage of pollution. Martin said if Council passes this ordinance, during budget review they should increase the inspection forces and double the salaries. Jeffrey Evans said he will submit a letter suggesting compromises and options that are better than others. 8 Regular Meeting Aspen City Council September 9. 1985 Bob George agreed that Council should be looking at the entire problem. George said Council should access the impact of constant changes in policy and direction. George said Council should not rush into this, and should wait for the state law to be enacted and see what the results are. Jon Busch said he feels it would be wise to address at least one portion of the pollution problem that con be identified. Busch said the fireplace pollution is so evident it makes people's eyes burn. Busch suggested a fireplace control system like Denver's watering system. Suzanne Caskey, CAAB, told Council they know where the pollution sources are, what the percentages are, etc. Ms. Caskey said the city has to start somewhere; they started with woodburning devices mainly because of the health problems associated with woodburning. Ms. Caskey said this is the second public hearing on this ordinance. Councilwoman Walls moved to table Ordinance #47, Series of 1985, and continue the public hearing. to September 23, 1985; seconded by Councilwoman Fallin. Mayor Stirling agreed more public comment is needed on this ordinance. Councilwoman Fallin suggested a public meeting between now and the next public hearing. A public hearing was scheduled for September 18, at 5 p.m. Council suggested having representatives from the state department of health or the EPA. All in favor, motion carried. ORDINANCE #49, SERIES OF 1985 - Appropriations Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stifling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #49, Series of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, no; Walls, yes; Fallin, yes; Collins, yes; Mayor Stifling, yes. Motion carried. ORDINANCE #50, SERIES OF 1985 - Lease/Purchase Agreement Gelco Mayor Stifling opened the public hearing. City Attorney Taddune said the documents should be approved by his office. Cindy Shafer, acting finance director, recommended approval of this ordinance and pointed out the exhibit A itemizing costs and the equipment to be purchased. Six items are from the asset replace- ment fund and 2 are from the mall fund. Councilman Collins moved to adopt Ordinance #50, Series of 1985; seconded by Councilman Isaac. Roll call vote; Councilmere- 9 Regular Meeting Aspen City Council September 9, 1985 bers Walls, yes; Isaac, yes; Collins, yes; Fallin, yes; Mayor Stifling, yes. Motion carried. ORDINANCE #51, SERIES OF 1985 - Lease/Purchase Agreement Honnen Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #51, Series of 1985; seconded by Councilman Collins. Roll call vote; Council- members Collins, yes; Fallin, yes; Walls, yes; Isaac, yes; Mayor Stirling, yes. MINING & RANCH EXHIBIT City Manager Schilling said the Council should have a letter from PCPA and from the Historical Society about the proposal to move the Marolt barn. Dick Knecht read the PCPA letter to Council, stating at their last Board meeting it was unanimously voted upon to ask Council to retain the historic barn on the Marolt property, instead of moving it to the Stollard house property. The letter states the barn in its present location is its historic location, and was part of the mining works of the area. The final use of the Marolt property has not been determined, and it is in the interests of the citizens to keep the options for the barns uses open. Knecht said the PCPA does not feel it appropriate to put this barn in the west end, which is totally residential. Schilling told Council Mrs. Marolt has exclusive right and use of this property until August 1986. Schilling suggested there are two organizations with deep concern for the community, its history, and its future. There are two reactions to this proposal, and Council should have these two groups get together and give a single report back to Council with the pros and cons. Carl Bergman, representing the Historical Society, told Council the mining era was very short. They plan to keep the barn in its present state, Bergman said the barn will fit on the site of the historical society. Bergman said they do not plan to ask the city for any money but would like ownership of the barn. Council directed staff to get together the next step for Council, have communications occur between PCPA and Historical Society. Mayor Stifling asked if Bergman had talked to the adjacent property owners. Bergman said he assumed Council was going to notice a public hearing. 10 if.~ Regular Meeting Aspen City Council September 9. 1985 ASPEN SKIING MUSEUM Steve Knowlton and Johnny Litchfield presented a slide show of the history of skiing in Aspen. In the slide show, Knowlton included ski museums at Donner Summit, at Franconia, and in Europe illustrating the types of things that are in ski museums. Ski Museums have trophies, history, equipment, clothing, photo- graphs. Knowlton said a ski museum in Aspen should be located at lift #1 with the first boat tow. The city owns property at lift #1 and the museum could be integrated with the central reservations and the Ski Club. There could be an auditorium for movies, a library, and exhibits. Charles Grover told Council the city would be remiss if they do not consider a ski museum. Grover said he will donate his historical photographs to the state historical society unless Aspen has a museum. Carol Blomquist, president of the histor- ical society, said they are trying to develop a comprehensive history of Aspen, including the ski industry. Ms. Blomquist said the historical society has many historical photographs and would like to work together on a ski museum. Mayor Stifling said he feels this would be an added benefit to the community to have a ski museum. Knowlton said there is a lot of material that will become available for a ski museum if it is done right. Mayor Stirling moved to direct the city manager to put Steve Knowlton and Johnny Litchfield in touch with the planning department, and to work with the historical society to further this proposal, to look at the site at lift #1 or any other sites as possibilities; seconded by Councilman Collins. All in favor, motion carried. VOLK PROPERTY/PIONEER PARK REPORT Tom Baker, planning Office, reminded Council at their last meeting it was requested that staff evaluate the potential for acquiring the Yolk (aka Independence Square; aka Sinclair) property. Baker told Council the planning office concentrated on formulating site development alternatives for the property in the context of the existing mall and the potential mall expansion. Baker presented six conceptual sketches for the site, which is approximately 4,000 square feet. Figure 1 is the existing conditions; figure 2 is the proposed development. Although the proposed development meets the open space requirement, it will be fairly unusable. The advantages of the proposed development are no costs to the city and the property remains on the tax rolls. Figure 3 is a public/private Option with the purchase of an open ~.~ space easement. The advantage is this cost less than outright 11 Regular Meeting Aspen City Council September 9, 1985 purchase; however, it is a significant cost for a small increase in open space. Figures 4 and 5 are public options acquiring the entire site. The disadvantage in both of these are the costs to the city and removal from the tax rolls. The difference between the two is that #4 is a natural setting and #5 is more of an extension of the mall. Alan Richman, planning director, said figure 6 is a town square concept. Richman said Independence Square could be a junction of all the malls. This coupled with an expanded mall could make a perfect square and would give focus to the nearby planning elements. Richman said this corner has a lot of potential to be a special place in Aspen and for all types of uses. Richman pointed out the city is being asked to pursue two other property purchases. Richman said the suggestion of evaluating the three purchases against each other is a good one. Richman suggested some criteria for this evaluation. One is degree of public use anticipated. Richman said the Sawmill property has an incredible potential for public use, as does the Independence Square. Another criteria might be the way the property supports other city investments, programs and plans. The Sawmill property supports the trails system. This property emphasizes the downtown pedestrian core, and supports other programs. Another criteria would be affordability of the properties. Richman recommended Council continue to pursue acquiring the Volk property. Richman also recommended Council consider a design competition for the property; the planning office designs are conceptual. Richman said Council should also consider having some event and closing Cooper and Galena to see how that may function. This property is too important to let drop and the staff recommends going to the evaluation stage. Robin Molny said when this property is gone, it is gone with no opportunity to get it back. Molny said if Council acquires this and then feels they have made a mistake, they can sell it. Molny said it is essential to look at the increased pedestrian requirements as the town becomes more built up. There will be the Aspen Mountain Lodge, the Independence Lodge, the Hotel Jerome, Little Nell hotel in the process. Molny said there may not be enough room for both cars and pedestrians. Molny said proposed commercial development for this property might be inappropriate or at least premature. Molny said all great cities have open spaces or plazas right in the middle of town. Molny said this opportunity should not slip away, and Council should take the next step and determine the feasibility of acquiring this property. Jon Busch told Council he supports this purchase, and pointed out that the downtown is virtually developed out. This property 12 Regular Meeting Aspen City Council September 9o 1985 is right in the center of historic Aspen. Busch pointed out this commercial property has no service access and the resulting congestion will have a detrimental effect on the core area. David White said he feels this is a fantastic concept. Pioneer Park Dick Knecht said this came to Council as a lot split. This is located at 422 West Bleeker and is an entire block. The applicants had the right to split off part of the block and make another building site. The Council at that time wanted to see if the city could buy it. The historical society has gotten involved in this, as well as citizens of the west end who might try to help purchase it with the city's help. Carol Blomquist told Council the Board of the Historical Society wrote a letter to Counc~ outlining the history of this property. Ms. Blomquist said the historical society appreciates the integrity of the elected officials to recognize and preserve the Victorian heritage. Bob Hughes, representing the owners of Pioneer Park, told Council several years ago they did a lot split on lots R and S. Several months ago, Hughes requested Council increase R and S to 12,000 square feet or 4 lots. The then-Council said they would like to investigate purchasing the unbuilt lots of Pioneer Park. In June the Council changed, and Hughes communicated with Council to see if they were still interested. The four lots have been appraised at about $450,000. Hughes said his clients are not in a position to make a gift to the city, but are interested in pursuing some devices that would yield the same economic equiva- lent as a market sale. Hughes told Council if something cannot be worked out with the city, he will resurrect the lot split request. Hughes said people with large land holdings find it increasingly difficult to hold on to them without selling. Hughes said this is a unique piece of property. Mayor Stifling agreed the city needs a procedure on how to consider open space purchases. Assistant City Manager Ron Mitchell told Council there had been a committee previously to consider open space with representatives from PCPA and A.C.E.S., planning, and Council. Councilwoman Walls said the Council has so many proposals of property to purchase, they need to be considered all together. Mayor Stifling said if the Sincl air property is included in possible property purchases, there are some time constraints. Mayor Stifling recommended that the Council be the group to review and decide about open space rather than an interim committee. Councilman Isaac agreed, Council makes the final decision as well as holding the purse strings. Mayor Stirling said the staff should work on criteria for evaluating open space purchases and have that ready by the 13 Regular Meeting Aspen City Council September 9, 1985 October 21 budget work session. Councilman Collins suggested a committee be formed for on-going, long range open space acquisi- tions. The Council's time is limited, the committee could recommend a shopping list and Council could look at it in terms of all the city's needs. The city can issue a bond to cover a number of open space acquisitions, rather than doing one at a time. Councilwoman Fallin said she would like to hear from the PCPA on this subject. Mayor Stifling said planning should evaluate the parcels and have a date during the budget hearings for this report. STOPLIGHT MAROON CREEK AND HIGPMAY 82 Pat Dobie, representing Aspen Highlands, requested Council take action on improving the transportation problem at Maroon Creek and highway 82. This intersection is now totally within the city limits. A study on this intersection has been done by the highway department, and last April the city engineer recommended Council take action on this and recommend that the highway department install a three-phase traffic signal. Dobie said last winter the traffic movements at this intersection were near intolerable. Dobie said the highway department will install a light with a request from the Council. The alternative is to install a uniformed officer during the busy hours. Dobie said if the Council takes the structural approach, it will take years to go through the environmental impact statement and to get funding for the project. Dobie said both the school district and the hospital have problems with this intersection. Dobie told Council there have been 4 different warrant studies done on the intersection. City Manager Schilling said if the city communicates with the department of highways to either do a study or to take steps necessary to pursue the safety of this intersection, it will take 4 to 6 months. Schilling said he is surprised the department of highways is not dealing with this if they know they have a problem. Dobie said the department of highways has attempted to move on this in the past, and has been told not to do anything when this intersection was in the county. Councilwoman Fallin moved to direct the city manager to communi- cate with the state highway department that the city is inter- ested in having a stoplight at this intersection; seconded by Councilman Isaac. Bil Dunaway said there are a lot of ramifications in adding this stoplight. There is already traffic backed up to Snowmass, and this will make it even worse. Mayor Stirling said he is not ready to have a light installed until Council sees all the information from the state. Councilwoman Fallin said there is a 14 Reqular Meeting Aspen City Council September 9, 1985 real safety problem at this intersection with school buses and the ambulances. Councilwoman Fallin said this light could be on blinking except for the critical morning and afternoon hours. Councilmembers Fallin and Isaac in favor; Councilmembers Walls, Collins and Mayor Stifling opposed. Motion NOT carried. Mayor Stirling moved to direct the city manager to contact the highway department and get back to Council with information, studies and warrants as soon as possible; seconded by Council- woman Walls. All in favor, with the exception of Councilwoman Fallin. Motion carried. SNOWDUMP SITE City Manager Schilling told Council he has been contacted by several citizens indicating a formal request to be on the agenda September 23, so Council may wait until then. Council- woman Fallin said she wants to know if the city is in violation of the 100 foot stream margin. City Attorney Taddune said the question was raised that the snow dump was in violation of the hydrology regulations, and the city's water counsel concluded there was no violation. Taddune said he will comment on the 100 foot stream margin law. Lee Pardee said Council should address the question of whether using the Rio Grande for snow dumping and for the impound lot is in violation of land purchased with 6th and 7th penny money. Pardee said he feels these are illegal uses for the Rio Grande property. Councilman Collins said the intent of the 100 foot stream margin is not to prohibit anything within 100 feet, but that applicants have to come to the city and ask permission. Councilwoman Fallin said the Council has to work on a plan for the Rio Grande. This is an expensive snow dump and impound lot. Councilman Collins asked if the staff has looked at the possibil- ity of not hauling snow but just pushing to the sides of the streets. Councilman Isaac said the city would lose parking. Chuck Roth, engineering department, said he would discuss this with the streets department. ROARING FORK EAST NEIGHBORHOOD MASTER PLAN Glenn Horn, planning office, presented a resolution for Council approval which endorses the Roaring Fork East Neighborhood master plan. The plan has been adopted by the county P & Z and has been considered by the city P & Z. Horn said this area is important because it encompasses 2 of the 14 neighborhood planning areas within the metro area. This area is the eastern 15 Regular Meeting Aspen City Council September 9, 1985 entrance to the city of Aspen. It represents two annexation areas. Horn told Council the overriding theme of this plan is to preserve the existing character of the east side of Aspen. The plan tries to steer development to areas that are not as visible from the highway corridor. When development does occur in a visible area, the plan sets criteria for review of land uses. The county now requires a special review for any development in a mapped area. Horn pointed out this plan deletes cluster accommodations at the base of Little Annie in the vicinity of North Star. Mountain Valley has been called low density residen- tial, reflecting what is there now, and should be zoned R-15. Horn said an issue debated at P & Z is whether to have a trail across the North Star nature preserve at the foot of the hill in critical elk calving area. The staff's recommendation is that there should not be a recommendation for a trail at the foot of the hill. The trail should parallel highway 82 to Difficult. Horn told Council if a management plan for a trail through the calving area can be developed, the planning office will reconsi- der this. Mayor Stifling agreed with the trail recommendation for now. Mayor Stirling asked about the boundary dispute in Mountain Valley and the BLM. Horn said there is a dispute, and the area that is not platted in Mountain Valley is designated a resource conservation, which implies much lower density. Councilman Collins moved to adopt Resolution %19, Series of 1985, endorsing the Roaring Fork East Neighborhood Master Plan; seconded by Councilwoman Walls. All in favor, motion carried. Horn Told Council this is the last time the plan will be before Council. The plan will go to the P & Z, and there will be a public hearing. Horn said the same plan for the east entrance to Aspen will be adopted by both the city and the county. RFTA BUS SHELTERS Bruce Abel, RFTA director, told Council the RFTA Board has been working on identifying locations for bus shelters. Abel gave Council a list of priorities for these shelters, and a list of shelters that could be in place before winter, due to less appeal processes. Abel said he would like Council's permission to delegate the city's staff the authority to work with RFTA to work out the details in using city rights-of-way to place bus shelter s. ReGular Meeting Aspen City Council September 9, 1985 John Eldert, county manager, told Council the Commissioners discussed this today, and the majority would like to see a capital plan from RFTA and see the bus stops in that context. Abel said the shelters have come out of the 5 year TDP update, which includes an interim capital program. Abel said the bus stops on highway 82 are high priority, but it will take longer to get the necessary approvals. Mayor Stifling said his main priority is work on Rubey Park. Abel said he thought Rubey Park was on hold until a decision is made on what is to be done at Rubey Park. As a result of that, Abel has not recommended any improvements at Rubey. Abel said Rubey Park is a specific element in the TDP. Steve Burstein, planning Office, said staff has been working with RFTA to identify encroachments, exemptions from GMP as a way to review the shelters. Abel presented pictures of generic bus shelters, and told Council RFTA feels it appropriate to provide a structure which could be seen through and would allow the environment to be predominant. These structures are highly vandal proof. Abel asked Council to approve the longer list of bus stops and delegate the authority to the staff to work on any of these, getting the proper approvals and make the final approval. Councilman Council said he feels any bus shelters in the city should be expedited. Mayor Stirling said he would like to see a shelter in front of the library because it gets a lot of use. Abel said the list was developed by looking at passenger boardings, proximity to existing shelter, and physical room to put a shelter. Abel told Council these shelters can be moved, the foundation jackhammered, and the site returned to as before. Mayor Stifling moved to direct the staff to begin work on siting shelters at Castle Ridge, 8th and Hallam, and Clark's for this winter, and also work on other shelters in the jurisdiction of the city; seconded by Councilman Collins. All in favor, motion carried. TIM~SH~RE ANNUAL ..REVIEW Steve Burstein, planning office, said this is to evaluate the timeshare ordinance and to begin any code amendments that may be appropriate, as well as to review the two existing projects and their effects on the community. P & Z did a preliminary review in August, listened to the 3 main issues and did not make any recommendations. The first issue is the limit on gifts, which is set at $100; second issue is the annual $5,000 licensing fee; the third issue is the restriction on the number of time share fractions which must be sold before a unit can be closed. Burstein told Council the last restriction is a condition of approval of a particular project, rather than being included in the ordinance. This change would have to be initiated by the 17 Regular Meeting - Aspen City Council September 9, 1985 applicants for a change in their conditions of approval. The other two can be changed in the ordinance. Burstein told Council P & Z members were not too favorable about changing the limit on gifts. Several P &Z members agreed that the licensing fee of $5,000 may not be fair and it may be more equitable to have a graduated fee. The P & Z felt it may be reasonable to look at the number of fractions which must be sold before a unit can be closed and to modify that condition. Boone Schweitzer, Shadow Mountain, told Council they have not engaged in giving any gifts or dinners. Schweitzer said they would like to be able to bring in potential clients and $100 is too low. For an inspection trip $250 might be appropriate. Buzz Fedorka, Prospector, said they would like the ability to be able to do what other developers do and invite people to Aspen to inspect the property at the expense of the seller. Fedorka said there is an arbitrary restriction between the timeshare seller and a realtor. Fedorka said they would like the ability to provide travel reimbursement to people who want to come to Aspen with no restriction. City Attorney Taddune told Council the purpose of the annual licensing fee is to provide funds for the regulation of the timeshare projects. The thought was that if the regulations were being violated, there would be someone to monitor them and the ability to operate as a timeshare project would be res- cinded. Schweitzer said he feels this license fee is very high and has difficulty explaining this figure to the homeowners. Schweitzer pointed out the homeowners are paying additional property taxes, as well as the real estate transfer tax. Schweitzer agreed there should be money available to monitor these projects. Mayor Stifling asked what the city has spent in the relationship to monitoring timeshare project. Assistant City Manager Mitchell said if the city has received $10,000 from the two projects, the city has probably not spent that much. Mitchell said the staff time to review timeshare projects changes. Mayor Stifling asked about complaints or questions from purchasers. Mitchell told Council he has only received one complaint. The staff has called owners of both projects and has had positive responses from everyone they talked to. Bill Venner pointed out if the projects were totally sold, the city would still be receiving $5,000 to review the sales practices. Councilwoman Fallin said she feels this could be loosened up. Councilman Isaac suggested a large initial fee, then a smaller annual fee. Schweitzer told Council he agreed there should be a certain number of fractions to be sold to protect the interests of the 18 Regular~ Meeting Aspen City-Council September 9, 1985 owner and the developer. Schweitzer told Council they have to have 5 of 15 sold before anything can be submitted for closing. The Shadow Mountain lost some sales because of the closing delays. Schweitzer said he feel each sale should be closed at once since their project is 1/3 totally sold. Fedorka said their restriction of having to sell 8 of the fractions has caused long, extended waiting periods for the buyers. Fedorka said he feels this damages the consumers, as well as the city. Fedorka submitted a memorandum regarding this issue. Fedorka said the security of the position of the buyers improves as there are more other buyers. Mayor Stirling suggested the staff make recommendations for changing the licensing fees. Councilman Isaac suggested leaving the $100.00 limit on gifts, but allowing timeshare projects an inspection trip allowance. Venner pointed out under the ordi- nance, they could not even put up a prospective buyer for one night because the room rates exceed $100. Mayor Stirling said he would be motivated to see staff revise the way that gifts are articulated, and broaden it up. Fedorka pointed out the reality in Aspen with the cost of real estate would not allow people to use gimmicky marketing. Schweitzer said the strength of this ordinance is the 10 day rescission clause, and it would be foolish to engage in deceptive sales practices and then tell a buyer he has a 10 day right of rescission. Councilman Isaac moved to have the planning department look at amending the timeshare ordinance to change annual licensing fee and to take another look at the $100 limit on gifts with the thought timeshare project may be able to allow plane tickets for prospective purchasers; seconded by Councilwoman Walls. Councilwoman Fallin said she would like to know how many hours have been spent on timeshare projects by the city staff. Mayor Stirling suggested these amendments be presented to Council at the first meeting in October. All in favor, motion carried. Councilwoman Walls asked why the two timeshare projects are handled differently with regard to the number of fractions to be sold. Gideon Kaufman said the Prospector's requirement was a negotiated settlement of the lawsuit. Burstein said the city was reluctant in the beginning to go ahead with timeshare projects. Taddune said these conditions can be changed. Mayor Stifling asked Council if they would be willing to address an application reducing the number of fractions sold per unit. Councilwoman Fallin said yes; Councilwoman Walls said she would be inclined to make the numbers more equal. Councilman Isaac 19 Regular Meeting ~ Aspen City Council September 9, 1985 said he would be willing to look at it, but would like to have background information. Mayor Stirling said he would be in favor of addressing the issue. Fedorka said the timeshare industry is growing at a substantial rate. Timeshare provides people with an alternative form of real estate ownership. Timeshare projects gives Aspen a visitor who comes more than just in the winter season. SUNNY~ PARK NORTH SUBDIV-ISION Steve Burstein, planning office, told Council this is a subdivi- sion exception to take a portion of lot 7 to provide for Park Circle road to loop over in to Centennial and add some land from the county to lot 7 to make it 15,000 square feet. The problem of access off Smuggler Mountain road has been addressed. The county has committed to winter plowing. This parcel is on a bench, and there are environmental factors if there is a building site put on this slope. The conditions state the applicant should develop a building envelope for this site. There has been an effort to address the water pressure problems by looping the lines in the area. Most of these concerns will be addressed in the 8040 greenline review. Councilman Isaac moved to approve the Sunny Park North lot 7 subdivision exception subject to the four stated conditions; seconded by Councilwoman Fallin. All in favor, motion carried. TAS4( FORCE ~FOR CODE SIMPLIFICATION Alan Richman, planning director, said Council needs to appoint members to the task force; to establish a date for the task force report, and to adopt the resolution. Richman said staff contacted 10 people for the task force, and 6 said yes. Richman said Council intended to have a 5 person task force, but since 6 people want to volunteer it makes sense to appoint them. Council agreed with appointing Perry Harvey, Andy Hecht, Gideon Kaufman, Nick McGrath, Mike Otte and Spence Schiffer. Gideon Kaufman said these people are willing to sit on the task force, examine the Code and identify concerns, but the task force should not be charged with correcting the problems and drafting changes in the Code. Mayor Stifling agreed with that approach, and have the task force return to Council to see if there is support from Council to tackle these areas. Councilman Isaac moved to adopt Resolution #16, Series of 1985, with February 1, 1986, as report date with an interim report before the first of the year; seconded by Councilwoman Fallin. All in favor, motion carried. 20 Regular Meeting Aspen City Council September 9. 1985 VENDORS ~ERMIT RHGGERFEST This is a request from Rugby Imports to vend equipment at Wagner Park for the Ruggerfest. Councilwoman Fallin said most of the events that Council has approved have benefitted non-profit organizations; this is strictly for profit. Councilwoman Fallin suggested not allowing this in the park but this person be allowed to sell equipment at headquarters at the Continental. Councilman Isaac suggested allowing this if Rugby Imports gives a percentage to the Rugby Club. Council agreed if the sponsors of the Ruggerfest wants to give space within the registration area, that is fine. ORDINANCE #52,~ERIES OF 1985 - Code Amendment Public Notice Requirements Councilwoman Fallin asked if this ordinance will make the process more cumbersome than it already is. Steve Burstein, planning office, said this does not add verbiage but adds a step of notifying condominium owners. Councilman Isaac moved to read Ordinance #52, Series of 1985; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #52 (Series Of 1985) AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 20 (SUBDIVISION) AND CHAPTER 24 (ZONING) BY REPEALING AND REENACTING SECTION 20-10(D), CHAPTER 20 OF THE MUNICI- PAL CODE BY REQUIRING T~AT PUBLIC NOTICE BE GIVEN FOR SUBDIVISION CONCEPTUAL PRESENTATION BEFORE CITY COUNCIL, REPEALING AND REENACTING ARTICLE VIII, SECTION 24-8.8, CHAPTER 24 OF THE MUNICIPAL CODE BY REQUIRING T~AT PUBLIC HEARING NOTICE BE GIVEN FOR PUD CONCEPTUAL PRESENTATION BEFORE CITY COUNCIL, REPEALING AND REENACTING SECTIONS 20-13(A), 24-8.20(A), 24-7.5(B), 24~12.3(C), 24-12.5(C)(2), 2-22(C)(1), AND 22-22(C)(2) BY REMOVING THE PROVISION THAT CONDOMINIUM ASSOCIATIONS MAY BE SERVED WITH PUBLIC HEARING NOTIFI- CATION FOR T~E CONDOMINIUM OWNERS, SPECIFYING ACCEPT- ABLE SOURCES OF PROPERTY OWNERS' NAMES AND ADDRESSES, AND ADDING T~E REQUIREMENT FOR LAND USE APPLICANTS TO PROVIDE A LIST OF HAND ADDRESSED ENVELOPES FOR PROPERTY OWNERS ENTITLED TO PUBLIC HEARING NOTIFICATION was read by the city clerk Councilwoman Walls moved to adopt Ordinance $52, Series of 1985, on first reading; seconded by Councilman Isaac. 21 Regular Meeting- Aspen City Council September 9, 1985 Burstein said this ordinance requires that at the PUD and subdivision conceptual stage, there are a public hearing in front of City Council. This makes it consistent with the SPA ordinance passed recently. The ordinance requires the applicant submit a list of property owners to be notified as well as pre-addressed envelopes. This ordinance deletes allowing condominium associa- tions to be notified in place of each individual owner. Mayor Stirling said he would like to see the applicants pay for the mailing and all costs associated with the public hearing process. Burstein said the current planning office fees may cover the cost of mailing. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Collins, yes; Walls, yes; Mayor Stirling, yes. Motion carried. LITTLE~NELL ELECTRIC EASEMENT City Manager Schilling told Council he did not receive a report, and suggested pulling this item. JOINT FINANCE DEPARTMENT City Manager Schilling told Council Mark Kavasch, county finance advisory board member, asked the city if the city would agree to his contacting the city's auditor, Alexander Grant, for the purpose of exploring conceptually a proposed consolidated finance department and finance director position. Schilling said the city and county together could approach Alexander Grant, ask them for a comprehensive evaluation, pros and cons, implication, service level, cost benefit, etc. If all these were positive, there could be an implementation plan. Jerry Alger, Alexander Grant, spoke to Schilling last Friday and advised that the city go ahead and fill the finance director position. Alger said he feels a joint finance director is premature, and this is not the time to pursue it. This would require a thorough study and analysis. Alger said there are some processes in finance that could be combined. Schilling said it may also be beneficial to include the school district in some of these functions. Assistant City Manager Mitchell pointed out the past experience with joint departments creates some problems with dual management and dual budget processes. Mitchell said he would prefer to approach consolidation on a service agreement basis. This has been done with animal control, and this is being looked at for data processing, building department, and communications. These departments will be placed in either city or county and the other government will contract for services. As long as there 22 Regular~ Meeting ..... Aspen City Council September 9, 1985 is the ability for each government to measure that they are getting the services contracted for and the ability to carry out complaints, this is a much cleaner way to go. Mitchell recommended consolidating purchasing, with the possibi- lity of including the school district. Mitchell said a purchas- ing agent would pay for itself. Mitchell said things like financial forecasting and financial reporting could be coordi- nated. Mitchell said the finance director is a full time position, and a joint department head would not provide the amount of time and dedication to the operation the city is currently is receiving, and that the position requires. Mitchell said he feels there would be a reduction in the amount of financial management and forecasting. Mayor Stifling moved to review the combining of purchasing, looking at other entities like the school district, and the coordination of financial reporting, financial forecasting and budget process, including review of the combining of the city/- county finance departments based on the results of annexation and a potential service agreement contractual basis; seconded by Councilman Isaac. Councilman Isaac asked about the possibility of hiring Alexander Grant to give the city and county a recommendation. Schilling said he could work out a scope of work with the county manager and find out how much this would cost. Councilwoman Walls said she feels the finance department is the last one that could be easily combined. Councilwoman Walls pointed out the finance department has interaction with every other department in the city. Councilwoman Walls said trying to deal with the city and the county, things are done a different way. Mayor Stirling said one of his difficulties with consolidation is the confusion about accountability and having 2 bosses. Mayor Stifling said each department will create a first assistant, which will be become the finance director. Mayor Stifling said this is premature because of the process of annexation. Mayor Stifling said he is not sure this will save any money. Councilman Isaac said he would like to find out how much Alex- ander Grant would charge to make a recommendation. John Eldert, county manager, said payroll, accounts payable and receivables are very straightforward operations, and there is potential for some efficiencies. Eldert said Alger recommends that financial management be maintained by the city, and this could be an adjunct of the city manager's office. Mayor Stifling amended his motion to ask the city manager to investigate with Alexander Grant what it might cost to do this study; seconded by Councilman Isaac. 23 Regular Meeting .... Aspen City Council September 9~ 1985 Councilman Collins said he had asked staff for budgets for the joint communications department, and pointed out their budget has increased 70% in 5 years. Councilman Collins said sometimes the savings are an illusion. Si Smith, county financial advisory board, told Council the FAB started looking at consolidation about 1-1/2 years ago. Smith read the ballot question of November 1984 regarding consolidation to Council and said it passed by a 4 to 1 margin. Smith recommended that the city form a financial advisory board. Smith said the two finance depart- ments use the same accounting, the same computer and this work could be done by a pool. Smith said the triplication between Aspen, Snowmass, and Pitkin County in one small valley is ridiculous. Smith said the FAB feels they have a clear charge from the public to make suggestions where there could be improve- ments and financial savings. Mayor Stifling said the Council is the financial advisory board for the city, and the Council has not seen fit to relinquish that responsibility. Mayor Stifling said the motion addresses combining accounting functions, where it makes sense. Schilling said he is opposed to joint departments and opposed to the division of one individual of managerial accountability to two individuals. Schilling said he feels contractual government has been very successful, has worked well, and very economically. Smith reiterated that governments save money through consolida- tion, not through annexation. All in favor, motion carried. 19861BUDGET Cindy Shafer, acting finance director, said she would like Counc~ to adopt the time schedule for budget hearings, which has been structured to allow Council to adopt the budget by October 31. Counc~ made some changes in the proposed schedule deleting budget meetings on regular Council dates. Mayor Stifling moved to adopt the schedule deleting September 23 and October 15; seconded by Councilman Isaac. All in favor, motion carried. Councilman Collins recommended some Saturday budget meetings. MUNICIPAL.-JUDGES.' SALARY Mayor Stirling told Council he has a conflict of interest. Councilman Collins moved to approve the increase in the Municipal Judges' salary as provided for in the 1985 budget; seconded by Councilwoman Fallin. Council clarified this should be retro- 24 Regular Meeting ....... Aspen City Council September 9, 1985 active to January 1, 1985. Assistant City Manager Mitchell told Council this pay increase was budgeted but Council had said they wanted to act on it. Councilman Collins said this should be handled on staff level. All in favor, Mayor Stifling abstained. Motion carried. Brooke Peterson, Municipal Judge, questioned why the municipal judge is singled out to have his salary approved by Council when other department heads do not. Mayor Stirling said the reason may be because the municipal judge is appointed directly by Council. Peterson said Council is exploring, through a task force, simplification of the land use code. Peterson told Council in his years experience as a city judge, he has found there are other aspects of the code which need to be addressed, like the criminal code. Peterson told Council there is a bill pending in the legislature to give municipal judges jurisdiction over more matters. If this is passed, it will result in a 5 to 10-fold increase in work load. Mayor Stifling requested Peterson write a memorandum to Council outlining both of his suggestions. CONSENT AGENDA Councilwoman Walls moved to approved the consent agenda; seconded by Councilman Collins. The consent agenda is liquor license renewals - La Cocina; Carl's Pharmacy; Smuggler Land Office. All in favor, motion carried. RESOLUTION #20, SERIES OF 1985 - Employee Housing Unit Councilwoman Walls moved to adopt Resolution #20, Series of 1985; seconded by Councilman Collins. All in favor, motion carried. City Manager Schilling said the city has received correspondence from the CML requesting a representative to the policy commit- tee. Councilwoman Walls said she is the representative to CML and has never received any correspondence from them. Council- woman Walls said she would be on the policy committee Schilling said the Nordic Council is applying for 8040 review on the Ute trail, and the staff would like to waive the fee for this. Schilling asked Council if they had any objections. Council had no objections. City Attorney Taddune requested an executive session to discuss litigation. Council scheduled this for September 12, 1985 at 4:15 p.m. 25 Regular-Mee~:ing ..... Aspen City Council September 9, 1985 Councilman Collins moved to continue the meeting to September 12, 1985, at 4:15 p.m~; seconded by Councilman Isaac. Council left Chambers at 10:40 p.m. K~th~, City Clerk