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HomeMy WebLinkAboutminutes.council.19851111Aspen Citv Council Regular Meeting November 11. 1985 Joint Meeting With Fire District Board. Mayor Stirling called the meeting to order at 4:10 p.m. with Councilmembers Isaac, Fallin and Walls present and Board members Sam Stapleton, Delbert Copley, Holly Holloway, Willard Clapper, and Assistant Fire Chief Peter Wirth present. Police Chief Rich Rianoshek and Assistant Chief John Goodwin were also present. Mayor Stifling said presently the ohief building inspector also acts as the fire marshal. Mayor Stirling said there have been discussions about the need to be more in compliance with fire regulations throughout town. Willard Clapper said the fire marshal position was put together in about 1972 to enhance's the towns fire insurance rating. The fire district approached the city and county, who agreed to designate a fire marshal as a part time position. The fire marshal has helped the fire department on specific jobs when asked. Mayor Stifling asked if there is the possibility of funding from the fire district to enhance the role of fire marshal. Clapper told Council he has discussed this with the city staff and Jim Wilson, building official, who is not enthused about the present situation. The role of fire marshal is important to the community as well as not jeopardizing the insurance rating. Clapper said the Board is addressing funding personnel for the fire district. Delbert Copley said for the district to fund $125,000 for personnel, they will have to ask for a raise in the mill levy. It is too late for the 1986 budget. Copley said this person would have to be for the entire fire district, not just the city or county. Copley told Council due to the expenditures on updated fire equipment, this fire district has a low insurance rating. Copley said the District has talked about providing a vehicle as well as an office for this person. Mayor Stifling suggested one way the city and district could work together is the city may provide the office space for the fire marshal. Coptey said the fire district could look at their budget to see if they could give some assistant money. Mayor Stifling said the staff could work with the district on this person. City Manager Schilling said Aspen has some of the highest valued property in the country. Currently there are no fire inspec- tions, no fire prevention program. Schilling said there is a need for a full time highly skilled person in a fire marshal capacity. Mayor Stirling said this is an important issue and asked the Board to work on a proposed solution and report back to Council in the next two months. Clapper said the Board is discussing having a mill levy increase election. Copley said the fire district has decreased their mill levy from 1.5 to 1.08 over 1 As~en City Council Regular Meeting November 11, 1985 the last 18 years. Council and the Board scheduled another meeting for 4 p.m. January 6, 1986. Mayor Stirling said the Council has budgeted money for a manage- ment audit for City gall. Mayor Stirling asked about the fire department's management audit. Clapper said the management audit was just finished last week, and the fire Board does not yet have the report. Mayor Stirling said the city has given $8,000 to the ARA for the fireworks. Peter Wirth said the volunteer firemen will be hired by the firework company to do the displays, and the firework company will carry their own insurance. Schilling said the city may have some exposure through contributing to the ARA. Mayor Stirling asked if the fire department would be interested in putting the banners up on Main street, rather than the city's electric department doing it. Wirth told Council he has spoken to the city engineer and indicated the fire department is not interested. Wirth said the fire department is a volunteer organization and the firemen already have enough to do. Mayor Stifling said the Council thought this may be a way for the fire department to raise money, by charging for putting banners up. Mayor Stifling said the Council will be the sponsors of the fire department dinner to recognize the efforts of the fire depart- ment. COUNCIL MEETING MINUTES Councilwoman Walls moved to approve the minutes of September 30, October 15, 1985; seconded by Mayor Stifling. All in favor, motion carried. CITIZEN PARTICIPATION 1. Arthur Yuenger presented Council with another new highway entrance to Aspen. Yuenger told Council both current proposals for the highway have disadvantages. Retaining the existing alignment will be expensive; four lanes across the open space is too much paved area and is not in keeping with what the citizens want. Yuenger proposed that the new alignment could be the existing highway of two lanes exiting town with two separate lanes coming into town. Yuenger presented a map of his proposal and said he would like to meet with the Council and go into greater detail. Councilwoman Walls asked how this plan differs from the plan that was voted down 4 years ago. Mayor Stifling said there was no particular configuration in the election question. Yuenger said 2 AsPen City Council Regular Meeting November 11. 1985 his proposal tries to please all the factions; there will have to be some compromise. Yuenger said this proposal gets rid of the traffic congestion. Councilman Isaac said he met with the highway commission last week in Grand Junction. The highway department is going to proceed with the EIS. They will do a remapping of the highway from Carbondale to Aspen. The highway department has allocated $100,000 each year for the next two years for the EIS and remapping. Mayor Stifling said the city has sent the highway department a resolution indicating the city's preferences. Mayor Stifling suggested scheduling this on the next available work session. Yuenger suggested having a model made of this proposal and having it in a public place where everyone can see it. Alan Richman, planning director, told Council P & Z is in the middle of the transportation planning element and this presentation would be ideally suited to P & Z. Council agreed this should go to P & Z first. 2. Gideon Kaufman reminded Council he had brought up the problem of having to build a house on a lot in order to qualify for a lot split, rather than being able to just split the lots. Kaufman said Council was sympathetic to sponsoring the code i~-~ amendment. Kaufman asked Council to direct the staff to get this into the works. Alan Richman, planning director, told Council this has to go to P & Z first. Other code amendments being worked on are time share and employee housing amendments. Mayor Stifling said he would like to see this code amendment early in 1986. Councilwoman Walls said this forces people to build when they don't want to build, and it doesn't make sense with the growth management plan. Mayor Stifling moved to bring this amendment on lot splits to the P & Z by no later than mid-January 1986; seconded by Councilwoman Walls. All in favor, motion carried. 3. Jon Busch said he cannot be present for the trolley item later on the agenda. Busch endorses the City Manager's recommen- dation of covering and storing the trolleys. If Council decides later that the trolleys fit into the transportation master plan, they probably should be stored more permanently. Busch suggested that law enforcement agencies be instructed to drive by and make sure the trolleys are safe. The trolleys should be posted as city property. Busch told Council the trolley program was given to the administration several months ago so that corrective action could be taken before winter. Busch pointed out that the mall lights have not been fixed, although this has been brought to Council's attention. Busch said Council should be angry that their directives do not get carried out. Busch suggested Council add an item to the regular agenda items for which an itemized 3 Aspen City Council Regular Meeting November 11, 1985 list is prepared by the city clerk from the previous meeting to present to Council what has been authorized as administrative action. Busch said this would assist Council to see items are carried out. 4. Scott Conrad, Hensel-Phelps Construction representing Aspen Mountain Lodge, told Council they have developed a construction fencing diagram. Mayor Stifling suggested scheduling this for the next Council meeting. 5. Hans Gramiger read to Council from a planning office memorandum about the SPA designation on Little Nell, "the intent of the SPA designation for the Little Nell area property is it a critical piece of land in Aspen. The property provides skier access to one of the premier ski areas in the country. Further- more, this parcel provides a unique opportunity for Aspen's mountain to be properly oriented and to link facilities in the downtown lodge district. Historically, uses contemplated for Little Nell property have included accessory ski facilities, commercial, lodge and residential. The most important for both the city and the Ski Company to obtain a comprehensive plan for the area, which optimizes the accessibility of the base area for skiers, while operating a tasteful, high quality base area. Gramiger said Council would be short circuiting the SPA if they approve a 4 story solid front building. Council has an opportunity to guide the development into a taller, skinnier building with the same square footage asked for, a setback of 150 feet which would preserve the view of Aspen mountain and the open space. City Attorney Taddune requested Council pass on first reading an ordinance requested by FEMA because if this is not enacted by December, the city will lose their ability to participate in the national flood insurance program. RESOLUTION #33, SERIES OF 1985 - Little Nell SPA Alan Richman, planning director, pointed out the corrections Council made in their previous meeting. First, Council expresses its willingness to consider granting a multi-year allocation. The open space condition has been changed that the 10 foot standard is a minimum and not in addition to any area required for the drop off facility. Condition number 3 requires an increase of parking spaces over the proposed 77. Condition #7 addresses that the facility meets the needs of the ski area and separate from those of the hotel guests and also be within the property boundary. 4 Aspen City Council - Regular Meeting November 11, 1985 Condition #9 requires the project take into account the needs of emergency vehicles on site. Condition #13 addresses committing to which lift system will be installed and giving the planning office adequate time to review this. Peter Forsch, Skiing Company, said they understood this condition was that the applicant would inform the planning office two weeks before the precise plan submission rather than adequate time. Forsch said they feel adequate time is unspecific. Richman said if this has to be referred to outside agencies, like the forest service, two weeks will not be enough time. Jerry Blann, Skiing Company, told Council the forest service has approved either a detachable or gondola lift. Mayor Stirling agreed Council has specifically said two weeks. Richman said he is concerned about turning the lift issue around in two weeks. Kaufman said this is not introducing something new, there will be a lift, the question is what type of lift. The forest service has already reviewed this. Councilman Isaac said 2 weeks sounds sufficient, and the planning office could ask for extra time. Mayor Stirling suggested changing the language to "approximately 2 weeks" rather than adequate time. Richman told Council condition #15 adds Spring street to the shadow study. Condition #18 adds the words "year round" trail facilities. Condition #20 discusses the right-of-way problem should be in the process of being resolved, and the precise plan shall not be approved until the pedestrian access is resolved. Condition #23 regarding historic access through the Tippler was deleted. The new condition #23 addresses any plans for Dean street should be disclosed at precise plan stage. Councilwoman Fallin moved to adopt Resolution #33, Series of 1985; seconded by Councilman Isaac. Kaufman said on condition #2, the applicant will make the argument that there is no variation in the FAR because of the way it is calculated. Kaufman said this condition is drafted as if the Council has already rejected the argument, and the applicant has not made the argument to Council. Mayor Stirling said Gramiger has raised the issue about going beyond allowable heights. Mayor Stifling said his sense is that there is not a tolerance in the community for height variations. However, this project may be an exception. Richman pointed out two years ago the Alps had serious concerns about the project going up the slope. Richman said he would not like to get back into the situation of two years ago, which was discomforting to so much of the co~nunity. ~'~ Aspen City Council Regular Meeting November 11, 1985 All in favor, with the exception of Councilwoman Walls. Motion carried. ORDINANCE #61, SERIES OF 1985 Lodge GMP Submission Dates Alan Richman, planning director, told Council this has been prepared to give additional two weeks for the lodge GMP submis- sion given the time it has taken to process this application. Councilman Isaac moved to read Ordinance #61, Series of 1985; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Motion carried. ORDINANCE #61 (Series of 1985) AN ORDINANCE EXTENDING THE DATE FOR THE SUBMISSION OF LODGE GMP DEVELOPMENT APPLICATIONS SET FORTH IN SECTION 24-11.6 FROM DECEMBER 1, FOR THE YEAR 1985 ONLY, AS PREVIOUSLY EXTENDED UNDER ORDINANCE NO. 42, SERIES OF 1985 TO DECEMBER 16 FOR THE YEAR 1985 ONLY was read by the city clerk Councilman Isaac moved to adopt Ordinance #61, Series of 1985; seconded by Councilwoman Fallin. Gideon Kaufman said the publication notice should be changed from 15 days to 7 days notice. Kaufman said the Charter requires 7 days notice; if this is a change to the zoning code, it requires 15 days notice. Kaufman said the applicant feels this is a 7 day notice requirement. Taddune said he feels more comfortable with 15 days notice, but there is not time to accomplish this. Taddune said the applicant is requesting this and should assume the risk of any legal impediment. Kaufman said this ordinance will also require a special meeting. Council agreed to have a special meeting November 21, 1985. Councilman Isaac moved to amend Section 3 to read 7 days instead of 15 days; seconded by Councilwoman Fallin. Taddune told Council he prefers to take the conservative approach and give as much public notice as possible; however, in this case there is no time. Taddune said there is benefit to the city in giving the applicant more time to present a more comprehensive application. Kaufman told Council there is precedence for doing this by resolution, rather than ordinance. Kaufman said this is only a 2 weeks extension, and it seems to be in everyone's best interest. ~1 All in favor, motion carried. 6 Aspen City Council Regular Meeting November 11, 1985 Mayor Stirling said the public hearing on this ordinance will be Thursday, November 21, 1985, at 5:00 p.m. at the community center. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Walls, no; Mayor Stifling, yes. Motion carried. ORDINANCE #53, SERIES OF 1985 - Little Nell SPA Boundary Mayor Stifling opened the public hearing. Richman pointed out that Resolution #33 indicates this ordinance will be table until the precise plan hearing. Councilman Isaac moved to table Ordinance #53, Series of 1985, until submission of the precise plan; seconded by Councilwoman Walls. All in favor, motion carried. ASPEN MOUNTAIN LODGE PUD AMENDMENT Alan Richman, planning director, said there are two alternatives to the solution to the employee housing problem for the Aspen Mountain Lodge. Alternative A includes the Hunter Creek proper- ties, which Council has discussed before. Alternative B includes Hunter Longhouse units as a solution. Richman told Council out of this process, Council has initiated some code amendments for employee housing. The amendment for employee housing deviates by not offering employee housing at the Airport Business Center. It is not included in either alternative A or B. Alternative A has Hunter Creek units substituting for the Airport Business Center as well as Ute City Place. Alternative B has Hunter Longhouse and Ute City Place instead of Airport Business Center. Richman pointed out there have been some problems with the Hunter Creek proposal. The applicant is committing that all the units will be offered for sale through the housing authority and will be available to all employees in the community. The applicant has committed to renovation and marketing to begin Spring 1986. The applicants are asking that the units be rented until they are sold. Richman said these commitments are acceptable to staff. The present residents of Hunter Creek have asked that the units not be rented at all. Richman told Council the applicant has proposed some upgrading. Richman said he feels the deed restricted units currently there should be a standard to work from. The applicant has not committed to a program of that quality. Richman told Council both the current residents and the purchasers of the unit have a right to certain expectations of the exteriors and interiors of the units. Richman said the staff 7 F'~ Aspen City Council Regular Meeting November 11, 1985 is not prepared to support alternative A based on the upgrade problems. Alternative B includes Hunter Longhouse and Ute City Place. Richman said he feels Ute City Place is very desirable for the city, will add new quality units into the employee housing program. Ute City Place is a very desirable location, and will help to solve some parking for the Alpina Haus as the parking is in excess of the requirements. Richman said he has just received comment that the County has some reservations about Hunter Longhouse and have not discussed this in detail. One concern is whether this proposal will have an implication on the county's cash in lieu program. Jim Adamski, housing director, said Hunter Longhouse project went into default October 2, 1985, which must be cured by November 29 in order to maintain the units as employee units. Pitkin County issued the bonds for this project. The county, housing authority, and the housing company met to see what could be done regarding the default. Adamski told Council the project defaulted because of a lack of equity, not because of management problems. This project was put together by a group of citizens to get employee housing on the market, and they were under ~-~ collateralized. This was initially appraised at $3,400,000 to float a $1,600,000 bond. The latest appraisal was $1,640,000. Adamski said they approached the Aspen Mountain Lodge group for an injection of equity into the project. Aspen Mountain Lodge agreed to this in consideration for 69 employee units. Mike Vernon, Aspen Housing Company, said this project needs $250,000 to lower the amount of financing necessary to make this project happen. Vernon said the Housing Company will commit any addi- tional surpluses that may be generated by this financing to construction of additional housing. Vernon explained Aspen Mountain Lodge will give $250,000; the Company will commit to paying this back over a 12 year period, without any return on their investment. Vernon said if the project goes into default, these units will be lost as employee units. Richman said the city will gain 26 sale bedrooms at Ute City Place, and preserves 28 units at Hunter Longhouse. Alternative B is a replacement for the Airport Business Center project, which would have housed 69 employees. Hunter Longhouse houses 56 employees. The other 13 employee units come from the creation of the capital for the Housing Company. The housing office is committing that 13 employees will be housed through the creation of a project by the housing authority prior to completion of phase II of the hotel. Mayor Stifling said an advantage of alternative B is that the city gets a mix of rental and sales F-~ units. 8 Aspen City Council Regular Meeting November 11, 1985 Mayor Stirling asked when phase II of the Aspen Mountain Lodge scheduled. Richman said it is scheduled for 1991 for occupancy. Mayor Stirling asked what the assurance is that these 13 or so units will be built. Adamski said the city could hold the certificate of occupancy back. Vernon told Council Hunter Longhouse has a long term lease with the county for $1.00 a year. If this goes to a private developer and he keeps it as a PMH project, they will have to pay 5% of the fair market valueof the land to the county. If it goes free market, 10% of the value of the land will have to be paid to the county, which would be $40,000 a year. The rents will have to go up to cover this lease. Vernon said he feels with this infusion of capital, they have an opportunity to turn this project from moderate income housing to low income housing, as well as create surpluses to create an endowment fund for future employee housing. Adamski told the retention of rental units is important to the employee market. Adamski told Council Hunter Longhouse has had a .5% vacancy in the last 5 years. Adamski said he feels this proposal has a lot of secondary benefits, will retain the rental project, will build equity for a new project, and will enable staff to look at rental units for seniors and dormitory style units. Mayor Stifling asked how the $250,000 would be repaid. Vernon said over the next two years, there will be a 5% rent increase and in the third year they will start to retire the $250,000. Vernon pointed out the Aspen Mountain Lodge is participating in ownership of Hunter Longhouse, but are leaving control with the non-profit group. Jim Pavisha, Aspen Mountain Lodge, told Council the only thing they ask is if Hunter Long- house is not paying off the $250,000 that they raise the rents to moderate income. Mayor Stifling asked if there is a specific project for making up the 13 units. Harry Truscott said this proposal means that 13 employees have to be taken care of, and the housing authority is looking at a mixed project of studios and one-bedrooms. This would cost about $350,000 including grant of land from some government. To get another project underway would require about 60,000. Truscott said the cash flow plan they put together with the infusion of $250,000 for the equity of Hunter Longhouse provides the housing authority with more than $60,000. Vernon told Council with this $250,000 they will have no problem paying off the bond holders, curing the default. Vernon said there is $1,500,000 outstanding; there is $160,000 in reserves with a net payoff of $1,340,000. The amount of the new bond will be $1,250,000 with the $250,000 coming in. Mayor Stifling asked what happens if the Housing Company cannot refinance the project. Pavisha told Council the Aspen Mountain Lodge would like to buy 9 Aspen City Council Regular Meeting November 11, 1985 the bonds. Truscott said the housing office has a contract for refinancing of this project. Richman said alternative B involves a lot Of positives for everyone involved. It is highly beneficial to have Ute City Place built, and this is a desirable way to realizing the Aspen Mountain Lodge project. Taddune suggested staff present the amended PUD agreement at the next Council meeting. Councilwoman Fallin moved to grant an amendment to the Aspen Mountain PUD employee housing program by the replacement of the Airport Business Center Apartments commitment with the Hunter Longhouse subordinated equity capital investment, subject to the condition in the planning office memorandum November 7, 1985, with the appropriate language from the city attorney to be presented at the next regular meeting; seconded by Councilman Isaac. Jon Busch said alternative B is only preserving an existing rental employee housing. This is not providing more housing for the Aspen Mountain Lodge project. Busch questioned how many maids, janitors or clerks can afford to buy employee housing units. Busch said the initial proposal, to buy 3 Hunter Creek buildings, is the best proposal made. Busch said historically the town has tried to preserve a mix in the community of working classes and others. Wells requested the motion be amended to state " by permitting the replacement of Airport business Center" Councilwoman Fallin amended her motion to include the word permitting; seconded by Councilman Isaac. Mayor Stifling said this is the first employee housing proposal to includes dormitory housing as an element of it, and Council has tried to get this alternative available for seasonal employees. Mayor Stirling pointed out that Ute City Place will be new employee busing. This whole proposal accomplishes things Council has been trying to get. All in favor, motion carried. Mayor Stifling said the final PUD language will be considered at the next regular meeting. ORDINANCE-#27, SERIES OF 1985 - Water Rate Reform Mayor Stirling opened the public hearing. Mayor Stifling told Council that Councilman Collins has requested this be tabled to a date certain and to have a work session before final adoption. Mayor Stifling said he feels Council has discussed this enough to be able to act on it. Councilman Isaac said he would like to know the effects of this ordinance on the individual households. 10 As~en City Council-. Regular Meeting November 11, 1985 Councilman Isaac said he has lots of comments about water rates increasing, and would not like to see them increase again. Paul Sheldon asked if this ordinance inverts the water rates so that the major users pay a proportional amount of their use. Mayor Stifling said this ordinance accomplishes this. Mayor Stirling said this will make absentee condominium owners pay more equitably in their contribution to the system. Mayor Stifling said when this ordinance is in effect, there will not be annual percentage increases in the water rates. Cindy Shafer, finance director, told Council the water rate structure presently is based on historical rates. The new structure will be based on the cost to operate the system, and monthly billing will be tied to usage; connection fees will be designed to cover the costs of capital improvements. Ms. Shafer said there are 7 different calculations in each individual bill; demand charge, variable charge, fire services charge, pumping charge, out of city service charge. Mayor Stifling closed the public hearing. Mayor Stifling moved to adopt Ordinance #27, Series of 1985, the ~. shortened version, on second reading; seconded by Councilwoman Walls. John Musick, water counsel, told Council the original ordinance met all Council's policy objectives but contained many calculations people found confusing. Musick said he took the calculations and collapsed them into a single rate. The calculations will be performed by staff and brought to Council to be adjusted. Roll call vote; Councilmembers Walls, yes; Fallin, yes; Isaac, no; Mayor Stifling, yes. Motion carried. ORDINANeE #57, SERIES OF 1985 - Parking Permits Mayor Stifling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #57, Series of 1985, on second reading; seconded by Councilwoman Walls. Councilman Isaac said he would like to amend the ordinance to allow ~the fee for temporarily handicapped persons to be waived. Councilwoman Walls said Council discussed this two weeks ago and did not vote in favor of it. Rocky Whitford, police department, told Council it takes their department time to process these and /'~ to check with the doctor. Mayor Stirling asked if this ordinance 11 Aspen City Councii- Regular Meeting November 11, 1985 should include that all service, deliveries vehicles make their deliveries prior to 8 a.m. Whirford said his department is working on a separate ordinance regarding loading areas. Whitford said this ordinance should minimize the parking permits in town. Roll call vote; Councilmembers Isaac, no; Fallin, yes; Walls, yes; Mayor Stirling, yes. Motion carried. APPBI~ATION MR B~E~ WINE LICENSE - Mama Maria's Mayor Stifling opened the public hearing. City Clerk Koch reported the posting publication and file are all in order. Mike Sura, applicant, told Council this operation will be family dining rather than a bar-type operation. Serving beer & wine will be for the convenience of the customers while eating pizza. Mayor Stifling asked for opponents. There were none. Mayor Stifling closed the public hearing. Councilman Isaac moved that based on the evidence at the public hearing November 11, 1985, related to the beer & wine application by Mama Maria's of Aspen, the Council finds that the needs of the ~-~ community have not been met and the license as applied for is hereby granted; seconded by Councilwoman Fallin. All in favor, motion carried. LIOUOR LICENSE-TRaNSfER - Pinocchio's Councilman Isaac moved to approve the transfer of Pablo's liquor license to Pinocchio's of Aspen; seconded by Councilwoman Fallin. All in favor, motion carried. LIQUOR LYCENSE~ERPPNSb~ER - Country Road City Clerk Koch said this is a stock transfer of Ron Austin's stock to James Lowe and John Martin Gancos. Councilman Isaac moved to approve the transfer of Country Road liquor license; seconded by Councilwoman Fallin. All in favor, motion carried. REPORT-O~PROPeSED~i~MES~ARE CODE AMENDMENTS Steve Burstein, planning office, presented to Council two code amendments in the area of marketing and licensing. Burstein told Council the two projects in town have suggested there be no restrictions on travel and lodging. The staff has recommended a limit on reimbursement for travel. Councilwoman Walls said she only objects to phony gifts not trips to inspect the timeshare project. Burstein said the concern of staff was they did not F'- want to encourage a lot of people to come just for the lure of 12 Aspen CitT Council- Regular Meeting November 11. 1985 timesharing. Buzz Fedorka pointed out that any realtor has the ability to reimburse clients for travel, and this is not regulated by the city. That timeshare projects have a limitation on this seems to be unreasonable. Fedorka said he feels travel expenses are critical to be able to invite interested parties to view the properties. Mayor Stifling moved to allow fractional estate operators to be allowed to fly people in and that there be no limit placed on this; seconded by Councilman Isaac. Councilman Isaac said he would not like to see a limit on the travel budget so that there would not be an enforcement problem and the staff will not have to monitor this. All in favor, motion carried. The staff has recommended the licensing fee for timeshare projects be reduced from $5,000 to $2,000. Burstein said the staff feels this price is reasonable for having timeshare projects in the community. Mayor Stirling suggested a sliding scale based on the size of the project and the length of time the project has been in existence. Boone Swizter said the fee is paid by the owners and a graduated scale would be appropriate. Mayor Stifling recommended project smaller than 10 units would have an annual feel of $1,000; 10 to 15 units $1500; 16 to 20 units $2,00; 21 to 30 units $2500 and over 30 units $3,000; after the 3rd year of a project, then annual fee would be reduced by half and then would be even for the rest of the project. Mayor Stirling moved to recommend sponsoring this Code amendment and refer it to P & Z with a sliding scale per size and a reduction in the fee after the 3rd year; seconded by Councilwoman Fallin. All in favor, motion carried. City Attorney Taddune said currently there is a percentage of timeshare units that have to be sold before a unit can be closed, and this is causing problems at the Prospector. Taddune said this is a condition placed on the application, and anyone interested in changing this will have to go through the two-step subdivision process. Fedorka reminded Council at the September 9 Council meeting they discussed the rule that the Prospector has to sell 8 fractional estates before they may close on a unit. This is causing a substantial amount of financial difficulty. This was created to provide consumer protection; however, this does exactly the opposite. Fedorka said while the Prospector is required to sell 8 interests, Shadow Mountain is only required to close 5 out of 15. 13 As-Den Citv- Council- Regu}ar Meeting November 11~ 1985 Mayor Stifling said one of the reasons for this condition was that Council did not want to have a mixed project. Mayor Stirling said he would be willing to entertain a change in the number of units that have to be sold. Mayor Stifling moved to direct the staff to initiate this change and get back to Council as soon as possible; seconded by Councilwoman Fallin. All in favor, motion carried. SUBDIVISI{)N~XCEPTION - Saurel Mayor Stifling left the meeting due to a conflict of interest. Steve Burstein, planning office, said this is a request to condominiumize a duplex located on the corner of Monarch and Bleeker. Burstein told Council when the building inspector did an inspection, he found 3 dwelling units as defined in the Code, there are some electrical corrections to be made, and some encroachments to be addressed. Burstein told Council the applicant has requested this duplex be exempted from the 6 month rental restriction based on the history of the use. Burstein told Council since the building was built, it has been rented short term. It is felt that it is not reasonable in the change of form of ownership to make the rental restrictions a condition of approval. Burstein said staff feels this is a unique situation, and Council can exempt this from the 6 month rental restriction. Bob Hughes, representing the applicant, told Council none of the conditions are unacceptable, and they are in the process of working them out. Hughes said they will take care of the third unit. Hughes said they plan on straightening the fence out rather than asking for an encroachment. City Attorney Taddune said staff feels that the requirements of going through the full subdivision process would be redundant and would serve no public purpose, and is unnecessary to the land use policies of the city. Councilwoman Fallin moved to approve a subdivision exception for the purpose of condominiumization of the Saurel duplex subject to the conditions 1 through 6 of the planning office memorandum of November 5, 1985, including the language as outlined by the city attorney; seconded by Councilman Isaac. All in favor, motion carried. EU~flLM~N ~OTLIN~ADaUSTMENT Steve Burstein, planning office, this is a request to move the lot line 3 feet from the existing house. Councilman Isaac asked if this would resolve the litigation. Jon Seigle said it would; this has been in litigation for 5 years. Burstein said staff Aspen City Council Reguiar Meeting November 11. 1985 would rather see the lot line moved 6-1/2 feet so that it will not create a non-conforming structure. Seigle told Council the Kuehlman's encroach on Wester's land, and this is the only solution they have come up with. Wester will not agree to the additional 3-1/2 feet. Councilwoman Walls moved approval of the lot line adjustment subject to conditions 2 through 6 in the planning office memorandum November 4, 1985; seconded by Councilman Isaac. All in favor, motion carried. REO[}EST -TO ~-EA~-E -C-t~i~Y STABLES City Clerk Koch told Council 2-1/2 stalls at the stables are presently being leased to Terry Harp; this is a request to lease 2 additional stalls by Morrison. There are a total of 6 stalls at the city stables. City Attorney Taddune told Council this lease should be rewritten by his office. Morrison told Council he has a surrey he would like to do tours of town with, as well as a horse drawn ski shuttle. Mayor Stifling moved to instruct the city attorney to negotiate and drawn up a lease with Mr. Morrison and return to the next Council meeting; seconded by Councilwoman Fallin. Mayor Stifling said the lease payments seem quite low. Cindy Shafer, finance director, told Council the city pays the water bills on this property and they are close to what the city receives in rent. All in favor, motion carried. RE{~OLHTI(}N #29,3985 - Commercial GMP Carry Over Steve Burstein, planning office, prepared two versions of this resolution. One carries over quota in the SCI and Commercial/lodge category. Two weeks ago, two Councilmembers felt that nothing should be carried over. Staff is willing to support not carrying any quota over. Councilwoman Walls noted Council has voted in the past to not carry any quotas over. Councilman Isaac moved to adopt Resolution #29, Series of 1985, carrying over quota in the NC/SCI zone; motion DIES for lack of a second. Mayor Stifling moved to adopt Resolution #29, Series of 1985, carrying no commercial space forward; seconded by Councilwoman Walls. 15 Aspen-City Council- Regular Meeting November 11, 1985 Councilman Isaac said he feels NC/SCI zones uses should be encouraged within the city. Mayor Stifling pointed out that 7,000 square feet is available annually. All in favor, with the exception of Councilman Isaac. Motion carried. FINANC}AL- PERFORMANCEsREPORT Cindy Shafer, finance department, said this report is based on 9 months of financial information. The city is in a stronger position than anticipated. The general fund revenues will be slightly higher and the expenses slightly lower. There is a small increase in sales tax and an increase in interest income. There are savings in engineering, police, streets and parks close to $100,000. Ms. Shafer told Council in the land fund sales tax revenues should be greater than budget by $120,000 to $170,000. There will be an increase in the real estate transfer tax fund. The theatre leases will be greater than projected, but income from the concession stand is less than anticipated. The water fund looks good because income is over what was projected in the 1985 budget. The electric fund revenues are up and the expenditures are less. The golf course fund is within budget. The Ice Garden fund will require a subsidy from the general fund, based on their operations. The ice garden was subsidized by the general fund in 1984. Ms. Shafer told Council the projections are reliable and should be conservative. Council thanked the finance staff for the report. ORDINANCE #60,-~BR-I~S-OF-1985 - Appropriations Councilman Isaac moved to read Ordinance #60, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE NO. 60 (Series of 1985) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $62,100, APPROPRIATING GENERAL FUND EXPENDITURE OF $107,700; TRANSFERRING $2,500 FROM THE LAND FUND TO THE GENERAL FUND; TRANSFERRING $3,500 FROM THE MALL FUND TO THE GENERAL FUND was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #60, Series of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Walls, yes; Mayor Stifling, yes. Motion carried. 16 AsDe~CitTeouncit Regular Meeting November 11. 1985 WEED -DISTRICT FUNDI~NG Jim Duke, Weed District Coordinator, told Council the Commissioners have voted to fund the proposed weed control district through the county's general fund. There will be no mill levy, which should eliminate the taxation without representation problem. The voting process has not changed; a person still needs to own 5 acres to vote. Duke told Council he has spoken with the city's parks department, who is interested in having a weed control district take over any herbicide programs currently handled by the parks department. Mayor Stifling asked what other advantages there would be to the city to join the weed district. Duke said the power of enforcement. Duke said the costs to the city would be the same whether they join the district or not. The other advantage would be the leverage of the law so that if there were problems areas, the city could make them do something about the weed problems. City Manager Schilling told Council the staff has not analyzed this proposal. Duke said the requested money is to set up the district, have an administrator who would do the weed applications, and sell chemicals at reduced prices. ~-~. Mayor Stifling moved to direct this to the city manager's office for comment and report back November 25, 1985; seconded by Councilwoman Walls. All in favor, motion carried. SNOW DUMP PROGRESS- REPORT City Manager Schilling told Council the Sanitation Board raised a number of issues and concerns going back to when the city was dumping snow on their land. The most critical were objections and complaints received from EPA concerning polluting the Roaring Fork River. There were also complaints from surrounding neighbors about noise and the trash problems. Schilling said the Sanitation District has removed the treatment structures and has built employee housing. The Sanitation Board will not consider d snow umping there with the employee housing. Schilling said the city could consider analyzing the costs of moving the housing. Schilling said on the same Sanitation Board meeting, an architect was discussing building a maintenance facility on this property. The Sanitation District is not interested in getting involved in snow dumping on their property. They feel there are too many disadvantages. Schilling said this will have to go back to the planning stages. One alternative is the Marolt property, which would necessitate having the staff fighting the tourist traffic, as well as more equipment and more ~ manpower. 17 ~ AsPen City eoune~l ..... Regular Meeting November tl. 1985 Councilwoman Walls asked if the present snow dump will be moved back from the river. Schilling said it cannot be moved any further back. Councilwoman Walls asked if the city is getting anywhere with the state highway department about their gravel use. Schilling said they are very enthusiastic about having the city doing the work on Main street within the city limits. Under contract, the state will pay the city $16,500 per year for this work. Schilling said the state is not using washed gravel and does not plan to, and this causes dust and pollution problems within the city. Mayor Stifling said Council is interested in having an alternative snow dump. Schilling said staff will come back with updated costs for hauling from the commercial core. Remo Lavagnino said he is concerned that the location of the impound lot has been put off. Lavagnino said cars were stored there, and then an illegal fence was installed. Lavagnino said he could find no evidence of permits for this fence; also, it is above the legal height limit. Lavagnino said this land was purchased with sixth and seventh penny taxes, and the use of the impound lot is not permitted. Lavagnino said he would like to see the impound lot problem resolved. Schilling said staff has arranged to remove the long term junkets automatically to the dump. Schilling said they plan on berming and landscaping the area around the impound lot. Schilling said a parking lot is not very attractive. Mayor Stifling said both these problems are important, citizens are concerned, and staff should keep pursuing solutions. TROLLEY ~TORAGE City Manager Schilling reminded Council in August they directed staff to make a proposal to RFTA about storing the trolleys. The RFTA Board voted unanimously not to allow the trolleys to be stored in their barn or outside. Schilling looked at the water plant site, and there is no place to accommodate the trolleys there. It would also be very difficult to move the trolleys to the water plant. Schilling said if the city is continuing to explore the feasibilities of using trolleys, the city should purchase tarps and wrap them in place. Mayor Stirling moved to direct the city manager's office to wrap trolleys immediately and leave them at their present site this winter, and to readdress this issue as more information on transportation issues comes forward, and to notice these are city property and no trespassing, and to direct city staff to check on them throughout the winter; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. 18 ~ AsDen CitV eou~c-ie - Regular Meeting November 11, 1985 ORDINANeE 4]66, SERIES-OF 1985 - Open Meeting Law Councilwoman Walls moved to read Ordinance #56, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #56 (Series of 1985) AN ORDINANCE ENACTING SECTION 2-3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO BE KN~qN AS "THE ASPEN OPEN MEETING LAW" PROVIDING THAT ALL PUBLIC BUSINESS OF THE CITY OF ASPEN WILL BE CONDUCTED IN PUBLIC AND SETTING FOR THE PENALTY FOR A VIOLATION OF THE ASPEN OPEN MEETING LAW was read by the city clerk Councilwoman Fallin moved at adopt Ordinance #56, Series of 1985, on first reading; seconded by Councilwoman Walls. Mayor Stifling urged Council to eliminate the reference that it is understood that the media is an observer capacity and that no electronic recording of the session shall be permitted and that nothing shall be discussed. Mayor Stifling said he did not feel the press should be treated differently from any other citizen. Bil Dunaway said he does not feel the press can morally go to a meeting and not report on it. Dunaway said the press would not be fulfilling its function if it went as only an observer. Mayor Stifling said it is incumbent upon Council to be prudent on how they go into executive sessions; however, there are some times when an executive session is necessary. Mayor Stifling moved to amend Ordinance #56, Series of 1985. deleting the last three sentences of (b) and all of (c); seconded by Councilwoman Fallin. All in favor, motion carried. Roll call vote; Councilmembers Walls, yes; Fallin, yes; Isaac, yes; Mayor Stifling, yes. Motion carried. RESOL~J~ION #25 ~ -SERIESI OF 1985 Councilwoman Fallin said in the meeting section, she would rather the meetings begin at 4 p.m. and end at 8 p.m. rather than 5 p.m. to 9 p.m. Mayor Stirling said having the meeting start at 5 p.m. accommodates working people better. All Council in favor of 5 p.m. to 9 p.m. with the exception of Councilwoman Fallin. Mayor Stifling said if Council does have a special meeting in shorter than 24 hours notice, the public should be advised. Mayor Stifling requested "presessions" be changed to work sessions. Mayor Stirling suggested a change that all meetings of the City Council should be in the jurisdiction of the city limits, except /'~ of meetings of community-wide interests. Council was not 19 AsPen Ci{v-Coun~it ......... Regular Meeting November ll, 1985 interested in this amendment. Mayor Stirling suggested a changed in Section III that "the city manager shall meet with the Mayor or his designee on the Tuesday before each meeting to determine final agenda, item location in the agenda, and time allocation" and replace that no item shall be submitted to the Council, except through the City Manager. Mayor Stifling said it is important for the Mayor to be involved in setting the agenda. All Council in favor of this change. Mayor Stifling said in the Order of Business section, he would rather see the Mayor's and Councilmembers' comments be at the beginning of the meeting rather than at the end. There are more members of the public present at the beginning, and they can be informed by Councilmember comments. Schilling pointed out citizens come to Council meetings because they have items on the agenda, and if Council takes 20 to 30 minutes on their comments, it puts the citizens off. Also Councilmember Comments was the time Council added items to the agenda. If these rules are adopted, items will not be added to the agenda. Council decided to leave comments at number 9. Council made no changes in Sections IX and X. In Section XI, Addressing the Council, Marry Flug asked if there is anything that indicates how much of an open invitation there is from Council for citizens to lobby Council outside Council Chambers. Bil Dunaway said Council has to be careful that Council business is not done outside meetings, away from Council Chambers. Mayor Stifling suggested clarifying ~x parte contacts in these rules. Mayor Stifling recommended in Section XIV, Voting, the motion to reconsider should be no later than the next duly constituted meeting, rather than at the same meeting. Mayor Stifling said there needs to be time for reflection, and the citizens would be at a disadvantage if there were no time to reconsider. Council agreed with this change. Mayor Stifling said Section XV, procedures for debate during public hearing may be too constrained by only giving 15 minutes to each side to debate an issue. Mayor Stifling suggested the Mayor set a certain time limit for each debater. City Attorney Taddune said for complicated matters, Council may vote to suspend the rules. Taddune said these rules are a framework for Council for keeping discussions concise. Council suggested adding "maybe limited" in numbers 3 and 4. Mayor Stifling said number 6, which allows Council only to speak once and only for 3 minutes is too confining. Councilwoman Walls agreed this section does not allow for Council discussion. Council requested the staff add Section 22 regarding ex~p~rte contacts. Councilman Isaac moved to table these rules and regulations until 20 Aspen-City- Counci} Regular Meeting November 11. 1985 November 25 for staff to redraft; seconded by Councilwoman Fallin. All in favor, motion carried. APPeINTFaNT-eP-~I~AN~ DIRECTOR Councilman Isaac moved to appoint Cindy Shafer Finance Director; seconded by Councilwoman Fallin. All in favor, motion carried. BO~9~Ce~tS~NS ~ROV~ Mayor Stifling moved to appoint Jon Busch and Betty Farson to the Co~ercial Core and Lodging CoEissions; seconded by Councilwoman Fallin. ~1 in favor, motion carried. Mayor Stifling moved to reappoint Nick Pasquarella to the Historic Preservation Commission; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stifling moved to reappoint David White and Welton Anderson to the Planning and Zoning Commission; seconded by Councilman Isaac. ~1 in favor, motion carried. FOR~TIeN~-IeE~I~M~COMMITT~ George Pucak, Ice Garden, reminded Council they directed the formation of an ice rink study committee during budget hearing. The city a~uired the ice rink in 1980. Since that time the city has subsidized the yearly o~rating budgets and has invested in excess of $100,000 in capital improvements. Pucak said during this year's budget hearings, the staff brought up another $132,000 improvements facing the facility and perhaps even greater expenses. Council r~uested a study committee be formed to evaluate the facility and comunity future needs. The committee would look at the present facility o~ration and r~uirements, future needs of the comunity, options available for on-site renovation of the ice rink, consider alternative sites and designs for the ice rink, recommend financing alternatives for improvements or replacement. The staff is r~uesting $500 for this co~ittee to cover report preparation, copies, possible travel. Councilman Isaac moved to direct the City Manager to proceed with the establishment of the Ice Garden study group subject to the guidelines set forth in the staff report dated November 7, 1985; committee members to be Jim Chaffin, Martin Flug, John McBride, Dick Fallin, Rheta Fulton, Wendy Kneckey, Marty Kahn, David Baxter, Chuck Torinus, Sue Michael; seconded by Councilwoman Walls. 21 Aspen-Ci.ty--Counc~il- .... Regular Meeting November ll. 1985 Mayor Stifling suggested an end date for this report of the end of March. Pucak said he felt the report could be completed by the end of March. All in favor, motion carried. 0RBINANC~P %6eF~E.$- OF-1985 - Flood Control Councilman Isaac moved to read Ordinance #62, Series of 1985; seconded by Councilwoman Walls. All in favor, with the exception of Councilwoman Fallin. Motion carried. ORDINANCE NO. 62 (Series of 1985) AN ORDINANCE AMENDING APPLICABLE PROVISIONS OF CHAPTER 7 AND CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO MEET MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM BY: *AMENDING SECTION 7-141-(C) TO SET FORTH REQUIREMENTS FOR APPLICATIONS OF BUILDING PERMITS IN FLOOD HAZARD AREAS; *AMENDING SECTION 20-17 TO SET FORTH STANDARDS FOR APPLICATIONS FOR SUBDIVISION IN SPECIAL FLOOD HAZARD AREAS; *AMENDING SECTION 24-6.3 TO ARTICULATE STREAM MARGIN REVIEW CRITERIA TO RESTRICT DEVELOPMENT OR CONSTRUCTION WITHIN FLOOD HAZARD AREAS; AND *AMENDING SECTION 24-13.2(B) TO PROVIDE THAT THERE SHALL BE NO RECONSTRUCTION OR REPLACEMENT OF A NON-CONFORMING STRUCTURE WHICH IS SUBSTANTIALLY DAMAGED UNLESS IN COMPLIANCE WITH CURRENT FLOOD HAZARD REGULATIONS was read by the city clerk Councilman Isaac moved to adopt Ordinance #62, Series of 1985, on first reading; seconded by Councilwoman Walls. City Attorney Taddune told Council the Federal Emergency Management Agency has demanded that the city enact flood control legislation to their satisfaction before December 4. This will be submitted to P & Z. Chuck Roth, engineering department, told Council this is not adding new material but making the current Code more clear. Roll call vote; Councilmembers Isaac, yes; Walls, yes; Fallin, yes; Stifling, yes. Motion carried. LIOU{)R~ LICENSE~ ~q]8~ Councilwoman Walls moved to approve the liquor license renewals 22 As~en C-itv-Council~ ...... Regular Meeting November 11. 1985 for Maurice's; Guido's; Elk's Club; Marika's; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stifling moved to continue to November 21, 1985, at 5:30 p.m. to have an executive session regarding personnel; seconded by Councilman Isaac. Council left Chambers at 9:45 p.m. K~h, City Clerk TABLE OF CONTENTS November 11, 1985 ~oinL Meeting With Fi~Di~LLi~L Board. . 1 RESOLUTION #33. SERIES OF 1985 - Little Nell SPA 4 ORDINANCE #61, SERIES OF 1985 Lodge GMP Submission Dates 6 ORDINANCE #53, SERIES OF 1985 - Little Nell SPA Boundary 7 ASPEN MOUNTAIN LODGE PUD AMENDMENT o 7 ORDINANCE #27, SERIES OF 1985 - Water Rate Reform 10 ORDINANCE #57, SERIES OF 1985 - Parking Permits 11 APPLICATION FOR BEER & WINE LICENSE - Mama Maria's 12 LIQUOR LICENSE TRANSFER - Pinocchio's . 12 LIQUOR LICENSE TRANSFER - Country Road . 12 REPORT ON PROPOSED TIMESHARE CODE AMENDMENTS 12 SUBDIVISION EXCEPTION - Saurel . 14 KUEHLMAN LOT LINE ADJUSTMENT o 14 REQUEST TO LEASE CITY STABLES . 15 RESOLUTION #29, 1985 - Commercial GMP Carry Over 15 FINANCIAL PERFORMANCE REPORT . . 16 ORDINANCE #60, SERIES OF 1985 - Appropriations . 16 WEED DISTRICT FUNDING . . 17 SNOW DUMP PROGRESS REPORT 17 TROLLEY STORAGE . . 18 ORDINANCE $5&,'SERIES OF 1~8~ - Open'MeetiA< Law . 19 RESOLUTION #25, SERIES OF 1985 . . 19 APPOINTMENT OF FINANCE DIRECTOR 21 BOARDS AND COMMISSIONS APPROVAL 21 FORMATION OF ICE RINK STUDY COMMITTEE 21 , 24