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HomeMy WebLinkAboutminutes.council.19851125Joint Meeting With County Commissioners. Mayor Stirling called the meeting to order at 4:20 p.m. with Commissioners Braudis, Madsen and Child and Councilmembers Fallin and Walls present. 1. Annexation. Mayor Stirling said one of the driving ideas behind annexation is creating a comprehensive metro entity at the east end of the valley, with continuity of services, residents being able to vote in city elections, join Boards and Commissions. This would define the city's role as a metropolitan influence and focus the county's role as being more rural. Mayor Stifling said there are 10 areas targeted for annexation, from the North Star Ranch to the east and to the Airport Business Center to the west. Mayor Stirling said annexing the Airport Business Center would add monies to the open space fund as well as the real estate transfer tax fund. Mitchell told Council that each area to be annexed would be individually assessed on the basis of political considerations as well as the initial costs that would be incurred by the city as a result of annexation. Mitchell said the staff is in the process of preparing a survey for residents in areas proposed for annexation. In the event the survey indicates support for annexation, a petition would be prepared and circulated. The city attorney is drafting an intergovernmental agreement for the Boards to discuss addressing the sales tax implication associated with annexation. The staff is preparing an information packet for the land owners prior to the public hearings. Braudis noted that the Smuggler area, identified to be annexed, has been designed by the EPA as a National Superfund Priority and annexation of this area by the city could result in liability exposure. Mitchell explained that the issue of superfund liability would be addressed in the intergovernmental agreement, and the city's liability should be limited to that associated with public rights-of-way only. Braudis said the Smuggler area is one of the densest areas in the county and expressed concern with the city's recommendation that county property taxes be reduced in the annexed areas. Mitchell said the reduction is proposed based on the fact the county would no longer be providing services within the annexed areas. As the county will no longer incur these expenses, the taxes should be reduced accordingly. Braudis said he would not support lowering taxes because of annexation. Braudis questioned the accuracy of the additional service costs, specially the additional police department costs. Mitchell explained that all additional service costs incurred by the city would be assessed on a sector by sector basis and will be based on experience. The police department costs are an estimate. Mitchell said Council has not approved any of the financial requests. The report recommends as 1 Regular Meeting Aspen City Council November25, 1985 the city annexes, there will be actual experience in streets and police, and these departments will have to come in and tell Council exactly how much they need. Braudis said he feels the costs estimated for public safety are too high. Councilwoman Walls suggested people may expect higher level of service from the police department. Mitchell pointed out the difference in street maintenance is the county spends $6,000 a year compared to $21,000 a year per mile in the city. Mayor Stirling said he is not planning to raise taxes as a result of annexation, but there will be more costs the city has to absorb. Mayor Stifling said there could be a reallocation of the fourth and fifth penny sales tax as the jurisdiction of the city is expanded. Madsen said he would favor annexation of all the identified areas except the Air port Business Center. Madsen suggested contracting for services between the city and county as well as having an intelligent office space program to combine functions as well as space. John Eldert, county manager, said he has discussed with the city manager and drawing up specific examples of various forms of consolidation between the governments. Braudis said he is frustrated by the limited amount of time the city and county have had for their dialogues. The county is working on a lot of things that require input from the city. Braudis encouraged the Board to work harder at getting more time for joint discussion. Madsen said the county is in favor of taking the city's 6th penny into the county for open space and recreation. Madsen said Schilling has also come up with the idea of moving Municipal Court to the courthouse as well as having just one meeting room for the city and county. Mayor Stirling said he is not sure how the citizens would be benefited by a sixth penny sales tax county wide, where there would be a direct benefit by annexation. Mayor Stifling pointed out the city gave up the seventh penny sales tax for transportation because there was a community-wide benefit in that. Eldert pointed out the recreational facilities, like the ice garden, are clearly under funded. Eldert said broadening the funding basis for recreational facility would spread across a larger area. Eldert said a lot of county residents use the recreational facilities that are currently funded solely by the city. This would take the funding base out to the user base and would be a fast was to get another $400,000 into the recreation system. This does not raise all the land use issues raised by annexation and can be accomplished more quickly. Mayor Stifling said the Council is enthusiastic about the contract for services approach. The Boards scheduled a joint work session Monday, January 6 at 5 p.m. for two hours to discuss 2 Regular Meeting Aspen City Council November 25. 1985 service contracts, space allocation, benefits, social security obligations, joint maintenance facility. COUNCIL MEETING Roll call Councilmembers Walls, Fallin, Collins and Mayor Stifling present. CITIZENS COMMENTS 1. David White said he is adamant that the city should buy the Volk property, and it should be at the top of Council's priority list. This piece of property is very important to the downtown plan. Mayor Stifling said Council is having a work session on open space and capital improvements December 2nd at city hall. 2. Dick Wilhelm told Council his group is prepared to close on the Red Roof property. Wilhelm requested time on the agenda to go over some unfinished items. Mayor Stifling moved to add the Red Roof sale to the end of the agenda; seconded by Councilwoman Fallin. All in favor, motion carried. ZONING CODE SIMPLIFICATION REPORT Mayor Stifling said a citizen committee of Gideon Kaufman, Perry Harvey, Andrew Hecht, Nick McGrath, Michael Otte and Spencer Schiffer, reviewed the city's code and have made a report to Council. Gideon Kaufman told Council the committee put a lot of hard work and thought into this report. Kaufman said the city has two basic choices. They can look at the Code as it exists and make some piecemeal adjustments. Kaufman said over time there have changes made by one Council without taking into account what ehe impacts on the Code are. Kaufman said the task force would like to see Council re-examine the whole Code, to hire a consultant, and to be prepared to make some tough political decisions. Kaufman said the only way the City will get real simplification of the Code is if the Council is willing to eliminate some controls and some steps that exist. Kaufman said if a person is hired to review the Code, it should not be a present city employee, but someone without bias. Kaufman said the task force has listed a number of sections they feel should be revised with examples. Kaufman said the task force felt there is a need for Council to re-examine the basic premises that existed in the early 1970's and for which some of the Code was written. The most important thing that needs to be 'done is to put in legislative history to spell out the intent of Council so that it is not left to interpretation 15 years from now. 3 Reqular Meeting Aspen City Council November 25, 1985 Kaufman said it would be helpful for Council to have a study session with the task force to go into detail over their report. Council scheduled a work session with the task force for January 20, 1986 at 5:00 p.m. to be held at city hall. Perry ~arvey suggested during this time the city investigate if there are some budget that can be used for this, as well as defining a job description. Rarvey said this is difficult, the person should be familiar with Aspen and the goals of the community, but not necessarily involved because they may be biased. Kaufman suggested Council discuss what they would be committed to in terms of major changes to the Code, like zone categories, GMP. Nick McGrath suggested Council may want to refer this report to the P & Z before the scheduled work session. Mayor Stirling noted there are no comments from the planning department. Alan Richman, planning director, told Council he purposefully let the committee do this on their own. RESODUTION #36, SERIES OF 1985 - ~onoring Herbert Bayer Mayor Stirling read the resolution honoring and commemorating the life of Herbert Bayer. The resolution outlines the co~eunity's sympathy on Bayer's death, describes his life and accomplishments. Bayer had a great impact on the community. There will be a service in Aspen in early summer and Council will be active in that service. Councilman Collins moved to adopt Resolution #36, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #56, SERIES OF 1985 - Open Meeting Law Mayor Stifling opened the public hearing. Mayor Stirling said this puts into law the specific reasons when the Council can convene an executive session; these are personnel matters; legal consultation; real property sale, including review of appraisals; and consideration of documents or testimony given in confidence. City Attorney Taddune said an example of the last one is investigation involving some improper action on part of a public officer. Mayor Stifling said he feels the only time Council should go into executive sessions is when the citizens are clearly at a disadvantage if the meeting is open. City Manager Schilling said the last category was added to the list because it is in the state open meeting law. Schilling said he has never known of an executive session to be called to accept testimony in confidence. Bil Dunaway agree #4 opens the way for indiscriminate executive session. Dunaway also objected to the wording "legal consultation". Dunaway said he could understand matters of litigation but the public has a right to know what the attorney being paid to give advise has to say. Mayor Stifling 4 Regular Meeting Aspen City Council November 25, 1985 agreed and suggested changing (ii) to matters related to litigation involving the city rather than "legal consultation". Taddune said he will research the state open meetings law so that this language would be consistent and have some judicial interpretations. Councilwoman Fallin moved to table Ordinance #56, Series of 1985, until December 16; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #60, SERIES OF 1985 - Appropriations Mayor Stifling opened the public hearing. There were no comments. Mayor Stifling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #60, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Collins, yes; Fallin, yes; Walls, yes; Mayor Stifling, yes. Motion carried. ORDINANCE #62, SERIES OF 1985 - Flood Plain Control Councilman Collins moved to table Ordinance #62, Series of 1985, to December 16; seconded by Councilwoman Walls. All in favor, motion carried. ASPEN MOUNTAIN PUD AGREEMENT City Attorney Taddune submitted to Council the revisions in the PUD agreement. Provision of employee housing at Hunter Longhouse is a major change in the PUD agreement. John Roberts is now title owner of the Institute and Aspen Mountain Lodge properties. The commencement and substantial completion dates have been revised to reflect that the project is behind the original schedule; these dates have been approved by the city engineer. Paragraph l(c) has been revised to require the installation of 4 fire hydrants on site rather than 6. There is deletion of employee housing at the Airport Business Center, substitution of Hunter Longhouse, and the resurrection of the Ute City Place as employee housing. Taddune told Council Hunter Longhouse will house about 56 employees. Phase I of the hotel project will be credited of 40 out of the 56 units; 700 South Galena will be credited with 9 out of the 56, and phase II will be credited with 7. A side agreement is being drafted to require the housing authority to provide 13 additional un.its. Taddune told Council the transaction involving the installation of the $250,000 equity participation in Hunter Longhouse is very complicated. Taddune said the way the financing is coming into focus, the deed 5 Reqular Meeting Aspen Citv Council November 25, 1985 restrictions to the city will take a second and subordinated position to financing. Taddune said there is a potential that the deed restrictions will be foreclosed on. Harry Truscott, housing authority, told Council the Commissioners approved the funding documents that are required on the Hunter Longhouse project. Truscott said the restrictive zoning is secondary to Central Bank's possibilities of taking over the property if there is a default. Truscott told Council this is an interest free note and there will be established immediately with the housing authority a $50,000 fund and each year Hunter Longhouse will pay in $10,000 plus 5% interest. This fund was started with the purpose of being able to fund employee housing projects in general as well as one for the Aspen Mountain Lodge. Truscott said in the new bonding documents, the county will have 90 days to purchase the project in case of default. Art Daily told Council this refinancing for Hunter Longhouse is over 30 years and does not have a 5 year balloon payment. Mayor Stifling asked about the county's concern about their position in the default. Adamski said the county has asked for additional reserve within the structure which will offset any defaults. Taddune told Council the housing authority is very strongly recommending approval of this application. Taddune said the applicant has agreed that decisions regarding the lodge improvement district be moved from April 15 to September 1. Taddune said requiring the city to make judgmental calls on the improvement district in April 1986 might be premature in view of when the lodge project will be built. Taddune said this is a city request to give the city more time to make a commitment to the lodge improvement district. Taddune reminded Council the PUD site involves the city owned lots on Mill street. This project contemplates the trade of the Koch lumber property for the city owned lots. Taddune told Council the Ski Club has a 50 year lease on the city owned lots and are anxious to secure a location for themselves. The Ski Club is proposing in order to collaterize the obligations to the Ski Club, that the city put in place a lease on the Central Reservation building for the Ski Club in the spring of 1987. Taddune said this would mean that the ski Club would have a site available in 1987 and would force the Council to solve the problem between now and 1987. Mayor Stirling said the city is resisting escrowing the exchange of lots at this time, which would mean an incomplete PUD. In order to approve the PUD agreement, the Ski Club issue has to be settled. The Ski Club wants reliance that if there building they are currently using is removed by the Aspen Mountain Lodge, they 6 Regular Meeting Aspen City Council November 25. 1985 will get a guarantee of a footprint. The planning director has said this will require a SPA application for the Willoughby site. This will be an application by the city. The only way the Ski Club feels they have reliance is guaranteed use of the Lift #1 building. Gideon Kaufman, representing the Ski Club, said they are comfortable that if the city cannot come through with the SPA, the Ski Club will have an existing building they can go into that does not need SPA approval. Mayor Stirling said if the worst case would occur, what would happen to the Central Reservations function and what would it cost to relocate the operations. Spence Videon, representing the ARA, said their guess is it would cost $25,000 to move the computer to another site. Videon said the $25,000 cost has nothing to do with the rehabilitation of another facility. Videon told Council he is concerned with the timing of any move and if they move at any time other than April, it will have a negative impact on the town. Council indicated they were willing to take the fall back position, which is that the city will provide the Ski Club a lease on the present lift #1 building, if an SPA is not approved for their building. Mayor Stirling asked what if phase I of the hotel is not begun in March 1986. Taddune said the Code states if the dates are not met, the Council can give notice to find out the reason. Taddune said the applicant would come in and ask for an extension. Richman said when the applicant applies for a building permit December 1st, they fall under UBC requirements to start moving on the project and making expenditures. Taddune said there is a paragraph in the Code which states, "In the event that the city Council determines that the owner is not acting in substantial compliance with the terms of this agreement and/or one or more construction schedules submitted to the city engineering department, the City Council may issue and serve upon the owner a written order specifying alleged non-compliance and requiring the owner to remedy the same within such reasonable time as the City Council may determine." Taddune said a hearing shall be held to determine whether the alleged non-compliance exists or did exist, whether a variance extension or time or amendment to the agreement should be granted. If the City Council determines, upon evidence that a non-compliance exists which has not been remedied, it may issue such orders that may be appropriate. Councilman Collins asked why the number of fire hydrants were reduced. Hammmond said there was a confusion in the original numbers and the PUD agreements. Joe Wells told Council the GMP application committed to 4 hydrants, this is just a correction. ReGular.Meeting Aspen City Council November 25. 1985 Councilman Collins asked where the $250,000 is going and whether it is a loan or not. Jim Pavisha said this is an interest free equity investment, and Aspen Mountain Lodge has no recourse. Taddune told Council the Aspen Mountain Lodge is buying the conversion of units. Harry Truscott said for the record the project has to house 13 ~mployees not units. Mayor Stifling asked if restitution has been made for the removal of the blue spruces without permit. Pavisha said they have agreed to increase the number of trees to be replaced, and this is in an agreed upon landscaping plan. Councilwoman Fallin moved to approve the Aspen Mountain Lodge revised PUD agreement; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Collins. Motion carried. LIFT 1-WILLOUGHBY PARK PROJECT Alan Richman, planning director, told Council following a work session on this topic, the staff did a sensitivity analysis on the program to determine which of the users of the site are most crucial. Richman reminded Council their consensus about the building was that the number of uses and size of the building was inappropriate. The Council also directed staff to focus on the needs of the Ski Club. Richman said the 2,000 square foot needs of the Ski Club can be accommodated on the site and it is an ideal location for the Ski Club. Richman told Council he looked at other uses that would fit and would be compatible on the site. Richman said he feels the ski museum would be most conducive to the site. Richman said this site has historical significance, is ideally located for skier access. Richman said this would have some potential use by the Skiing Company during Winternational. Richman recommended that Council identify a footprint for the building. Richman said the office uses for the ACR/ARA and Nordic Council could be accommodated on other sites as these two uses would require at least 5500 square feet. Richman told Council the Ski Club and ski museum would require about 8,400 square feet. If this is too large, Council could look at the ski museum in two phases. tRichman said he feels it would be a mistake to ignore the potential of this site for a ski museum. Richman recommended continuing with the site planning only, move forward with the Ski Club building for next year, look at alternative locations for the ACR and Nordic Council. Councilman Collins asked if the staff has looked at having two museums. Richman suggested that the historical society be considered as a secondary site and have a two-phase museum. 8 Regular Meeting Aspen City Council November'25. 1985 Mayor Stifling moved to direct the staff to accomplish the following 1) have the architect proceed with the site planning to accon~odate the Aspen Ski Club on the Willoughby Park site in 1986, and to provide a site plan for the future development of the ski museum on the site in two phases; 2) analyze alternative locations for housing a consolidated ARA/ACR function, with the end goal being the removal of the existing building from the site, but with no action proposed for said building until an acceptable alternative is found; 3) analyze alternative location for housing the Nordic system office, to include existing city and county office buildings; seconded by Councilwoman Fallin. Mayor Stifling said he feels going to the second phase of this project will give the Council valuable additional information. Richman said the site analysis is a much more limited task than the remainder of the work and there will be considerable savings. Councilman Collins asked if the staff is addressing the funding. Schilling told Council the ski Club building is funded through the Aspen Mountain Lodge. No funding is being discussed for the other uses. A1 Blomquist asked Council to include in the instructions to the architect to examine a possible site on the Stallard house grounds as an alternative location for the ski museum. Mayor Stirling amended his motion to include having the architect look at the Stallard house; seconded by Councilwoman Fallin. Nick Pasquarella told Council the future plans for the Stallard house include more space for ski museum item. Richman told Council he would not want to preclude either option. The staff is clearly in support of the Willoughby park site. Councilwoman Walls asked if this motion is strong enough to suggest that the Ski Club building is a number 1 priority to get .built next summer. Richman told Council the SPA application should be before P a Z in December and should be completed by the spring. Councilwoman Walls asked how the Ski Club building went from 2,000 to 2400 square feet and who will pay for the extra 400 square feet. Richman said 2400 square feet represents the Ski Club's identified needs in the analysis done by the architect. The Aspen Mountain Lodge has committed to pay for the 2,000 square feet. Gideon Kaufman said the Ski Club is not committed to the extra 400 square feet, and if they have the ability to raise the funds, they will. Councilwoman Fallin said she does not want the Ski Club building to get bogged down because there is no funding to build the ski museum. Councilwoman Fallin said she would like to see the Ski Club get built. Councilwoman Walls asked if the architect is still looking at an addition to the ACR building as an 9 Regular Meeting Aspen City Council November 25, 1985 alternative. Richman said the architect is looking at locating the building behind the ACR building. Spence Videon asked about the possibility of adding to the ACR Building so they could maintain their operation without interruption. Councilwoman Walls agreed any moving of the ACR will cost at least $25,000. Mayor Stifling agreed this should be one of the things the architect looks at. All in favor, motion carried. SUBDIVISION EXCEPTION - Spalding-Leeper Councilwoman Fallin asked why this came directly to Council, not through P & Z. Steve Burstein, planning office, said the staff felt there were no major land use issues. Alan Richman, planning director, told Council this expedited process is to save applicants time and money. Burstein said this is a request to condominiumize a newly built duplex at 1360 Snowbunny Lane, zoned R-15. The applicant has agreed to the six month lease restriction. The employee housing restrictions do not apply as this duplex has not been occupied and there is no rental history. Burstein told Council the garage on lot 1 to the west encroaches onto lot 2. The staff is recommending an exchange of easements be submitted. Burstein said the staff is recommending approval. Councilwoman Fallin moved to approve the Spalding-Leeper subdivision exception for the purpose of condominiumization of 1360 Snowbunny Lane, subject to the 5 conditions in the planning office memorandum dated November 18, 1985; seconded by Councilwoman Walls. All in favor, motion carried. GMP EXTENSION REOUEST - Carriage House Steve Burstein, planning office, told Council this is the second extension for this project. The project was initially given GMP allotment in 1982. Burstein recommended approval of this extension because a substantial amount of work has been done on the project. Burstein said an amendment to this approval will be submitted in the future, and the project will be rescored by P & Z. Burstein said the applicant should be put on notice since this is the second extension, another extension would not be appropriate. Ralph Melville told Council he inherited this project from Hans Cantrup, who had the original GMP allocation. Melville said they did not have the full time for getting the project started because of getting it from someone else. Melville said they have the added problem of having to work with the Aspen Mountain Lodge. Melville told Council they would like to do the plans 10 Regular Meeting-- Aspen City Council November 25, 1985 right and would like to have extra time. They would like to start this project in the spring. Councilman Collins asked if the project is changing from when it was given a quota. Alan Richman, planning director, told Council the plans are changing and the applicant is asking for time to have P & Z and Council look at these to see if a GMP amendment is appropriate. P & Z will hold a public hearing, rescore the project, and make a recommendation on the appropriateness of the amendments. Councilman Collins moved to grant a 180 day extension to the GMP allocation for the Carriage House Lodge, said extension to expire on June 1, 1986; seconded by Councilwoman Walls. All in favor, motion carried. OUILLEN L(YA~SPLIT City Attorney Taddune said this application has been in litigation for 4 years. Taddune said the P & Z refused to approved the proposed lot line adjustment. The Court of Appeals decision is not as precise as it could be but did state that P & Z did not have proper authority to deny the application. The Court of Appeals remanded this back to P & Z. The applicant's attorney suggested the matter be resolved by resurrecting the settlement agreement presented to Council 4 years ago. Taddune said a release will be tendered to the city settling all outstanding litigation. Taddune recommended Council approve the application if a release is tendered. Alan Richman, planning director, told Council the applicant is requesting approval for a lot line adjustment to reduce the size of lot 11 to 30,500 square feet while lot 12 would be increased to over 60,000 square feet, and then approve a lot split on the 60,000 square foot lot to end up with 3 lots. Richman said the second action has been a concern throughout the process. Richman told Council in researching this application, the 1981 planning office memorandum stated, despite policy concerns, the content of the application did meet the city's subdivision regulations. Richman said the Code provision 20-19(a)(4) which has been adopted since the original application and in response to this application insures there is no precedent in this action. The Code now requires that one cannot adjust lot line and increase development rights. Richman said the city attorney's office has made it clear that the Code as it stood when the application was originally presented is the Code this application should be reviewed against. The application did meet the Code provisions in effect in 1981. Richman told Council there is a pre-existing dwelling unit, this has been advertised as a public hearing, and there should be no further development beyond the house on the third 11 Regular Meeting -- Aspen City Council November 25. 1985 lot. Richman said engineering department has requested that the applicant demonstrate the extent of the right-of-way along Red Butte Drive and Cemetery Lane. The right-of-way on Red Butte is 60 feet, which is adequate; the right-of-way on Cemetery Lane is 43 feet and the engineering department has requested a 17 foot easement in the event the city needs to do construction in this area. Herb Klein, representing the applicant, told Council the county does not have any identifiable right of way for Cemetery Lane, it is all prescriptive in use. Klein said the government cannot require a exaction from a developer unless the need for the easement is directly related to the impacts caused by the development and only if the proposed improvements are part of some plan. Klein said there is no present plan to widen Cemetery Lane. Klein said this property is a steep slope and it will be difficult to use this right-of-way without having a severe impact on the property. Jay Hammond, engineering department, said in order to get a minimal right-of-way at 60 feet, the city needs a 17 foot easement. Hammond said the effect on the property would be in the setback requirements. Mayor Stirling opened the public hearing. Marvin Jordan, adjacent property owner, told Council they live directly across from this property and requested Council to either table or reject this request. Jordan told Council Quillen has not made peace with all the property owners about their litigation. Taddune told Council he was not aware there are some neighbors that are still in dispute with Quillen. Jordan told Council another reason he would like this tabled is that Quillen has a history of not living up to agreements. Taddune told Council in his recommendation to Council, he thought the dispute between Quillen and the neighbors had been resolved. Jordan said another reason to table this is for the safety factor. The intersection of Red Butte and Cemetery Lane is very dangerous. Vehicles slide through the intersection, they knock down fences, knock down cable television boxes. Jordan pointed out the city bus parks at this intersection, restricting the intersection even more. Jordan said the city should purchase theeastern part of lot 12 in Red Butte subdivision to change the intersection. Roland Fischer, adjacent property owner, entered a letter into the record. Fischer told Council Quillen had told a neighbor he would never split this lot and bought the property because of the open space. Klein said the release is between Quillen and the city and does not extend to claims between Quillen and the neighbors. Klein told Council the subdivision owners tried to amend the private covenants so this lot split could not take place. Klein said he feels this was not done in a lawful manner 12 Regular Meeting Aspen City Council -November 25, 1985 .~-~ and litigation followed. Klein said he does not feel this city should be involved in this litigation. Councilwoman Fallin said the P & Z's decision was based on the original subdivision which established lots of a certain size. Taddune said Council determined it would be in the best interests of the city to resolve the lawsuit and to defer to the integrity of the land use process, they referred it back to P & Z with a recommendation be it approved, provided that the subdivision standards were met. Taddune told Council at the public hearing, the neighbors showed up and came up with a number of reasons why the subdivision application should be denied. Taddune argued in Court that the Court should pay attention to the citizens that showed up at the public hearing. The Court said as long as an application meets subdivision standards, the city has to live with it. Fischer said the Court did not say Quillen should get this lot split but that the application should be remanded to P & Z. Mrs. Jordan told Council the city needs to use some of this lot to make the intersection safer. There is no place for people to wait for the buses. Mayor Stifling moved to grant final plat approval to the Quillen subdivision which adjusts the lot line between lots 12A and llA block 1 of the Red Butte subdivision, to split off lot 12B from the new lots, subject to the following conditions; 1, 2, 3, 4 in the planning office memorandum of November 25, 1985; 5) the city will be released from any claims between the applicant and the city; 6) Quillen agrees to give a gift of an easement to the city to be engineered in the next 30 days agreed upon by the applicant and the city to soften the intersection; 7) and the applicant agrees to release all clouds on all adjacent homeowners within the subdivision as a result of the litigation said language to be worked out by the city attorney's office and return to Council and to continue the public hearing; seconded by Councilwoman Fall in. Klein said he objects to condition #7 because if his client feels he has been wronged, he would have the right to deal with it without the city getting involved in it. Taddune said after research, he may tell Council this is an inappropriate condition. Councilwoman Walls said she would like to refer this to the city attorney's office and table the application. Klein questioned the condition of giving more than the required 60 feet right-of- way on Red Butte drive. Taddune said he does not feel comfortable with the motion as stated and would like to have a chance to discuss this with the applicant's attorney. Klein said Quillen does not want to give the city easements. Councilwoman Walls moved to table this to December 16, 1985; seconded by Councilwoman Fallin. All in favor, motion carried. 13 Regular.Meeting Aspen City Council November 25. 1985 LIOUOR L-ICENSE-TRANSFER - Hotel Jerome Councilwoman Fallin moved to approve the transfer of the Hotel Jerome liquor license from John Gilmore to the Hotel Jerome Restaurant Inc.; seconded by Councilwoman Walls. All in favor, motion carried. WEED D~STRtCT-FUN{}ING City Manager Schilling told Council he feels there is no compelling reason to include or exclude the city in the weed district. Schilling said if the city is included somewhere in the future they may be in a position to impose a tax on people who are disenfranchised from participating. Schilling suggested the Council could adopt by reference rules and regulations promulgated by the district so they would apply in the city. The Council could contract with the district for enforcement measures on properties in violation. The Council could contract with the weed district for weed control abatement measures on public land. Mayor Stifling moved that the City of Aspen not join the weed district but to be aware of their work and be supportive and have the city do their own control; seconded by Councilman Collins. Mayor Stifling said the parks department has money in their budget to do weed control on the golf course and Marolt properties. Schilling said if the city adopts the regulations of the weed control district, these regulations would apply within the city. The city could contract with the weed district for enforcement and abatement and prevention measures within the city. All in favor, motion carried. RE{3UEST TO {~-EASE CI~I~Y-STABLES Mayor Stifling said Council has a draft lease and a letter from the current lessee Terry Harp. Assistant Ci'ty Manager suggested the rent be $100 per month. Harp currently pays $50. Mitchell recommended that the lessees pay the utilities. Morrison is requesting 4 horses and 3 surreys as a maximum. Mitchell said the staff is not recommending one way or another; this is a Council decision. Mitchell told Council the space is available but there is a question of availability for public use if both operators are using the stable. Mayor Stifling agreed this may be taking away a general public benefit by having no stables av all able. Regular Meeting Aspen City-Counci~ November 25. 1985 Terry Harp told Council during good weather the stables are being used weekly. Harp said people who are riding around the state use these stables. Harp said the city will have to get in the business of permitting horse business. David Morrison told Council his proposed operation is different from the current operation. Morrison proposed a horse drawn ski shuttle. Mayor Stifling said there needs to be lighting on horses at night because this is dangerous. Harp told Council he has been operating the carriage company for 8 years and since 1979 have rented half the city stables, maintained the stables and provided feed to the public. Harp said the original purpose for the stables was to serve the public and the county leased half the stables to Harp to bring attention to these stables. Harp told Council he uses 3 half stalls and there are 3 remaining half stalls. Harp said Morrison's proposal would eliminate any stalls for public use. Mitchell recommended regardless of this decision, Harp's lease be amended to coincide with this draft lease. Councilwoman Walls said she does not feel the city should rent the entire stables out if the public uses them. Councilwoman Walls suggested this be a yearly lease and have bids to get the lease. Councilman Collins said the public use aspect should be maintained as that was the purpose in building the stables. Councilman Collins said he also like the idea of opening this up for bids. Mayor Stirling moved that the Council make as a policy the utilization of the existing city stable by one entrepreneur and that always be at least 3 half stalls available to the general public, and in the future open this up for an annual proposal to be made to the city manager's office with a recommendation made to Council; seconded by Councilman Collins. Morrison said if Council denies this application they are in effect granting a franchise and curbing free enterprise. Mayor Stifling said Council is not trying to control the number of business on the streets. The Council only control 6 half stalls and it is important to establish a policy for these stalls. Council requested the bid process start in the spring of 1986 and to redraft the lease. All in favor, motion carried. Council asked the staff to look into standards about treatment of animals, the lease, and request for proposals for the 3 stalls. ICE GARDEN SOUND ~{EDUCT-tf)N--A~PROPRIATtON Regular Meeting Aspen City Council November 25. 1985 George Pucak, Ice Garden manager, told Council this is a request for funding to install sound attenuation cabinet on evaporative condenser fans to bring the equipment into line with the city noise abatement ordinance. Pucak told Council complaints have been filed by adjacent property owners. The environmental health department has taken sound readings and the evaporative condenser fans were in violation of the city's noise ordinance. Pucak said there is a package that would reduce the sound effect coming out the intake. Mayor Stifling stated he felt he has a conflict of interest because he manages the Cottonwood condominiums, who filed the complaint and left the room. Pucak said with this equipment, they can reduce the sound level to very close to the city's noise ordinance. The cost for the unit, freight and installation is $4,158. Pucak recommended this expenditure because the city is in violation of its own ordinance, and as a good neighbor. Tom Dunlop, environmental health department, told Council he can only assume this piece of equipment will make the ice garden in compliance. Dunlop told Counc~ there is a provision in the city's noise ordinance that if the best available equipment is implemented to quiet sound, the environmental health director can grant a variance if it is over the decibel level to allow the equipment to continue to operate. Pucak told Council they installed this equipment inside rather than outside to be good neighbors. This is the quieter of the two fan systems they looked at. Councilwoman Fallin moved to authorize the Ice Garden to proceed with the installation of the sound reduction equipment as proposed by Tolin Refrigeration and funds in the amount of $4,158 to be made available by ordinance transfer from the general fund; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #25; SERIES OF-1985 - Council Rules and Regulations City Manager Schilling said these rules and regulations reflect the changes requested by Council. City Attorney Taddune said presession has been changed to working or briefing sessions. The way the agenda is put together has been changed to include the Mayor. Taddune said a new motion to limit comment has been added. Ordinance #87, 1975 has been referenced regarding ex pa~rte contacts. The time for motions to reconsider has been extended to the next regular meeting. Procedures for debate have been changed to add "approximately 5 minutes" to recognize some items need more time. Councilman Collins said these rules state that no action shall be valid unless adopted by an affirmative vote of 3 or more Councilmembers. Councilman Collins pointed out there are times when only 3 members are present, and a motion can carry by 2. 16 Regular-Meeting .... Aspen City-Council November 25. 1985 Council changed this to a majority vote of those Council present and to reflect Section 4.7 of the Charter. Councilwoman Walls moved to adopt Resolution #25, Series of 1985, with the amendments made to the rules; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE-#63, S~RIE~}F-1985 - Short Term Note Councilwoman Walls moved to read Ordinance #63, Series of 1985; seconded by Mayor Stifling. All in favor, motion carried. ORDINANCE #63 (Series of 1985) AN ORDINANCE AUTHORIZING THE BORROWING OF THE SUM OF $280,000.00 IN THE 1986 FISCAL YEAR IN ANTICIPATION OF THE COLLECTION OF TAXES OR OTHER REVENUES FOR THE PURPOSE OF FINANCING THE ACQUISITION OF OPEN SPACE AND AUTHORIZING THE ISSUANCE OF A SHORT TERM NOTE TO EVIDENCE THE AMOUNT SO BORROWED was read by the city cl er k Councilwoman Walls moved to adopt Ordinance #63, Series of 1985, on first reading; seconded by Councilwoman Fallin. Cindy Shafer, finance director, told Council when the city purchased the Little Cloud property it was financed through a short term note, which matures at the end of 1985. This ordinance allows another short term note which would mature at the end of 1986. Ms. Shafer said in the capital improvement program, long term financing is anticipated and this note could be included. Roll call vote; Councilmembers Walls, aye; Collins, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. (}R-DIN~NCE-%65~-SER~FE'S OF-1985 - Lease Purchase Agreement Road Grader Councilwoman Walls moved to read Ordinance #65, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #65 (Series of 1985) AN ORDINANCE APPROVING AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND HONNEN EQUIPMENT COMPANY, SETTING FORTH THE TERMS AND CONDITIONS FOR THE LEASE OF A JOHN DEERE ROAD GRADER BY Regulsr-Meeti~g ..... Aspen City'Council' November-25. 1985 THE CITY OF ASPEN FROM EONNEN EQUIPMENT COMPANY, DIRECTING THE MAYOR T0 EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, was read by the city clerk Councilwoman Walls moved to adopt Ordinance #65, Series of 1985, on first reading; seconded by Mayor Stifling. Cindy Shafer, finance Director, told Council this road grader was budgeted through the asset replacement fund in 1986 but it has become necessary to purchase it in 1985. The present equipment is down and cannot be repaired. Roll call vote; Councilmembers Fallin, yes; Walls, yes; Collins, yes; Mayor Stifling, yes. Motion carried. {)RDINANeE--#66,-~E~R-IES-eF~ 1985 - Appropriation for Road Grader Councilwoman Fallin moved to read Ordinance #66, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #66 (Series of 1985) AN ORDINANCE RECOGNIZING ASSET REPLACEMENT FUND REVENUE OF $96,000 AND APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $96,000 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #66, Series of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers CollinS, yes; Fallin, yes; Walls, yes: Mayor Stirling, yes. Motion carried. ORDINANC{~64, SER-IES OF 1985 - Bond Refunding Councilwoman Walls moved to read Ordinance #64, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #64 (Series of 1985) AN ORDINANCE AUTHORIZING THE ISSUANCE BY TEE CITY OF ASPEN, COLORADO OF GENERAL OBLIGATION ELECTRIC REFUNDING BONDS, SERIES 1985, IN TEE PRINCIPAL AMOUNT OF $7,785,000 FOR THE PURPOSE OF REFUNDING VALID AND OUTSTANDING GENERAL OBLIGATION ELECTRIC BONDS OF TEE CITY; PROVIDING FOR THE LEVY OF AD VALOREM TAXES AND TEE APPLICATION OF REVENUES DERIVED FROM TEE ELECTRIC UTILITY SYSTEM OF THE CITY TO PAY TEE SAME; PROVIDING FOR A PART OF TEE PROCEEDS OF SAID BONDS TO BE DEPOSITED IN A SEPARATE ESCROW ACCOUNT FOR TEE PAYMENT 18 Regul-ar Meeting- ...... Aspen City Council November-25,-/985 OF THE BONDS BEING REFUNDED; PROVIDING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY was read by the city clerk Councilman Collins moved to adopt Ordinance #64, Series of 1985, on first reading; seconded by Councilwoman Fallin. Joe Barrows, Kirchner/Moore, told Council this refunding will save the city about $200,000. The two issues that are being refunded are two electric bond issues, one done in 1985 and one in 1984. The bond market has improved since these issues were done. Barrows told Council these savings will not be available under the proposed tax legislation for next year. Barrows told Council he will pursue insurance on the bonds before second reading. Roll call vote; Councilmembers Collins, yes; Walls, yes; Fallin, yes; Mayor Stifling, yes. Motion carried. ASPEN-MOUNTAIN-E~}D~E--B~R~RICADE AND CONSTRUCTION-SCHEDUbE Jay Hammond, engineering department, said there will barricades in the Monarch street paved area, in the Juniata right-of-way, and on South Mill. There will be a gate at Mill and Durant. Hammond said there will be two-way access on Monarch but some of the parking may be temporarily eliminated. There will be a pedestrian enclosed walkway skirting the site. Hammond presented a proposed construction scheduled and pointed out the high summer and winter seasons and what construction would be occurring. In the summer of 1986 a significant item is the installation of the retention system and the mass excavation. These are both fairly disruptive and the applicant will do the bulk of the work in the off season. SALE~ OF ~RED-ROOF-II~N Dick Wilhelm told Council they have been working to try and bring this to a closing. There are some outstanding items; 1) affirmation by the Council of their ability to come to Council for Sections 20-19, 20-23, 20-24. Wilhelm said they do not want a misunderstanding that they would have to go to the voters for approval of any of these sections. City Attorney Taddune told Council he would put language in the deed restriction stating they are not precluded from applying for lodge condominiumization. Attorney said he needs a generic statement which nullifies the restrictions to the extent that it could be construed to mean a prohibition of condominiumization or timesharing. \ 19 Regular-Meeting .......... Aspen City Council November 25. 1985 Taddune said the language on the ballot question does not preclude the applicant from applying for timesharing or lodge condominiumization. The ballot questions address limiting development, footprint, numbers of rooms and short term tourist use. Taddune pointed out the ballot question limits the Red Roof to a total of not more than 50 bedrooms. Wilhelm said he would like affirmation in writing on this issue prior to the closing. wilhelm said the second issue concerns Section 20-23-(6)(b) and that the applicant has surpassed the requirements of putting 30 percent of the market value into the upgrading before condominiumization. Wilhelm told Council they have notarized statements that there has been in excess of $2,270,000 spent on the property. City Attorney Taddune said the city is the owner of this property and should have some idea of how much has been spent to upgrade the property. Mayor Stirling asked what the Council would find acceptable to verify the money spent on this property. Taddune told Council the improvements have to have been made in the previous 24 months to qualify in an application for lodge condominiumization. Wilhelm said their concern is that the improvements were made 30 to 36 months previously. Wilhelm said it would be ludicrous to require his company to put money into upgrading when $2,270,000 has already been spent. Mayor Stifling said the Council does not know when the applicant will apply for subdivision approval, and the 30 percent upgrading rule may apply just because of passage of time. Wilhelm said they would accept a time limit on this condition. wilhelm read from a planning office memorandum, "The lodge may be condominiumized if the provisions of section 20-23 are met. As I understand it, significant renovations of and improvements to the property have taken place since the beginning of the Red Roof lease. The planning commission and City Council can consider these expenditures during the course of their review of the project and may determine whether the intent of the ordinance for lodge upgrading has been met. In my opinion, these prior improvements are consistent with the intent of the ordinance." Steve Nelson, Red Roof, told Council the last substantial improvements were done in 1982. Taddune said Wilhelm is asking Council to except the 24 month provision. Mayor Stifling said he is not willing to make that exception. Councilwoman Walls agreed, and pointed out it has been 3 years since this work has been done. Taddune said the Wilhelm group is asking for land use approval without an application, which is difficult to accomplish. Mayor Stifling said he would not want to throw the city Code away because there was a lot of thought put into it. Mayor Stifling said it would be irresponsible for this Council to 20 RegulaT Meeting ........ -Aspen City Council 'November. 25 ~ -1-985 make an exception at this point, and without an application. Mayor Stifling said he does not have a problem with the first request; however, on the second without an application Council is not able to grant this. Ron Nathan told Council they will be making application for lodge condominiumization shortly. Nathan said they feel this property is in tremendous shape. Nathan told Council they are not prepared to close on the Red Roof deal unless this issue is resolved. Taddune said Council has a land use code and someone cannot ask the Council to grant an exception when there is no application. Mayor Stifling said the applicant will not be required to spend $400,000 if it is determined this is not needed. Mayor Stirling said the P & Z and Council have excepted the Prospector from doing more upgrading in a recent application, so there is precedence for this. Nathan reiterated that the planning office has said that the Red Roof had spent the necessary funds. Nathan said they are not willing to take the risk that another Council may say they have to spend another $500,000. Mayor Stifling said the applicants have to make an application and go through the process. The land use processes are to protect the citizens of Aspen. Mayor Stifling said the Council cannot legally waive the process. Mayor Stifling said there is partnership here because the city needs the facility to make the golf course and the Nordic trails more successful. Councilwoman Walls said Council has made their position on this issue clear. Wilhelm said there is rent due from November 1st which is about $17,000 and asked the city to help with this. Wilhelm told Council they have a letter from the broker that he will reduce his commission by $15,000. Wilhelm asked that the city pick up the balance of $2800. Council, except for Councilman Collins, felt waiving $2800 in exchange for the broker waiving $15,000 commission was an acceptable compromise. Wilhelm told Council the water service line in existence to the property causes water pressure problems. Wilhelm told Council the consulting engineers they hired determined the service line is an older galvanized line and is badly corroded. Wilhelm asked that the city resolve the problem of the feeder line to the building. Wilhelm told Council if the city does this work it will cost about $4,000; if they do it it will cost $10,000. Mayor Stifling suggested the city dig the line up and assess the state of the water line. Schilling said the building has a one inch meter looking at a 2 inch water line. Schilling said the water department said they feel a 2 inch water line is adequate for the building if the proper plumbing changes are made. Schilling told Council the staff has looked at this and has 21 Regutar-Meeting ....... Aspens, City Council November 25. 1985 concluded that the water line did not have to be replaced and there are problems within the building. Steve Nelson, Red Roof, told Council they have had a continual problem with the water service at the hotel. Red Roof attempted to correct these problems internally with no results. Dick Bibert, Red Roof, told Council they had an engineer look at this, who concluded the problem is either the size of the line or corrosion. Schilling said if there are not internal problems, there is an argument for the city to have some part in resolving this problem. Jay I~ammond, city engineer, said the city can agree to after changes in the internal system, like the size of the meter, and the gauge readings still indicate a lack of pressure, the city could agree to replace the service line. Mayor Stifling said he would be agreeable to that. Wilhelm ~said he has no problem staying with a 2 inch line, the concern is buying a property with a bad service line. Wilhelm said they are asking for proper flow into the building. Mayor Stifling suggested making the 2 minor internal changes to see if this alleviates the problem, and if it doesn't the city will have to accept responsibility for the line. Hammond said the staff can evaluate whether a 2 inch line is adequate from an EQR reading. Hammond said the city will do static and residual pressure testing at the service line where it comes into the building. Councilwoman Walls asked if having a 1 inch meter reading a 2 inch line may be the problem. Hanunond said it is probably a contributor to the problem. Mayor Stifling said if it is the city's problem, they will take care of it. Wilhelm told Council the value of the upgrading is the key problem. If Council cannot solve this, it will prevent the closing from taking place. Councilwoman Walls said Council does not have it in their power to grant prior approval before receiving an application. Mayor Stifling said Council cannot waive the law. Councilwoman Walls moved approval of the consent agenda; seconded by Mayor Stifling. The consent agenda is special event permit, Nordic council; liquor license renewals -Wienerstube, Steak Pit; Clark's Market, Lower East Side; Fins; Golden Horn; Great Western Spirit Company. All in favor, motion carried. 1. Mayor Stifling reminded Council January 10, 1986, is the goals session at the Aspen Club. 2. City Manager Schilling said the HPC is working with a 22 Regular Meeting ............ A~pen City Council .... November 2-~, -1985 student group and would like to meet with Council December 2, 1985 at 10:30 a.m. in the Council Chambers. 3. Schilling requested Council scheduled a continued session to consider the contract with the state on highway 82 for snowplowing and sanding. Mayor Stifling moved to continue this meeting to December 2, 1985, at 5:00 p.m. at city hall to consider a contract between the city and the state highway department; seconded by Councilwoman Fallin. All in favor, motion carried. Council left the meeting to 10:00 p.m. Kathr~City C1 erk 23 Regular Meeting Aspen City Council November 25, 1985 TABLE OF CONTENTS November 25, 1985 Joint Meeting With County Commissioners. 1 Annexation. 1 ZONING CODE SIMPLIFICATION REPORT 3 RESOLUTION #36, SERIES OF 1985 - Honoring Herbert Bayer 4 ORDINANCE #56, SERIES OF 1985 - Open Meeting Law . 4 ORDINANCE #60, SERIES OF 1985 - Appropriations 5 ORDINANCE #62, SERIES OF 1985 - Flood Plain Control 5 ASPEN MOUNTAIN PUD AGREEMENT . 5 LIFT 1 WILLOUGHBY PARK PROJECT . 8 SUBDIVISION EXCEPTION - Spalding-Leeper 10 GMP EXTENSION REQUEST - Carriage House 10 QUILLEN LOT SPLIT 11 LIQUOR LICENSE TRANSFER - Hotel Jerome 13 WEED DISTRICT FUNDING 14 REQUEST TO LEASE CITY STABLES 14 ICE GARDEN SOUND REDUCTION APPROPRIATION 15 RESOLUTION #25, SERIES OF 1985 - Council Rules and Regula- tions 16 ORDINANCE #63, SERIES OF 1985 - Short Term Note 17 ORDINANCE #65, SERIES OF 1985 - Lease Purchase Agreement Road Grader . 17 ORDINANCE #66, SERIES OF 1985 Appropriation for Road Grader 18 ORDINANCE #64, SERIES OF 1985 - Bond Refunding . 18 ASPEN MOUNTAIN LODGE BARRICADE AND CONSTRUCTION SCHEDULE . 19 24 Regular Meeting Aspen City Council November 25, 1985 SALE OF RED ROOF INN . 19 25