HomeMy WebLinkAboutminutes.council.19860310Regular Meetin4 Aspen City Council March 10, 1 98.6
CITIZENS COMMENTS 1
ORDINANCE #8, SERIES OF 1986 - Lot Split Amendments 2
SCHOOL DISTRICT WAIVER OF WATER TAP FEE 3
HOTEL JEROME PUD AMENDMENT 3
VOLK PROPERTY 3
1985 GMP PROCEDURAL INTERPRETATION 7
BYERS REQUEST TO USE STREET 9
SAWMILL TRAIL EASEMENT 10
ORDINANCE #9, SERIES OF 1986 - Appropriations 11
UTE MOUNTAINEER GOLF PRO SHOP AGREEMENT 1986-87 11
ASPEN SKI COMPANY REQUEST FOR FUNDS PROMOTIONAL FILM 12
RESTAURANT REQUEST TO USE MALL 12
TRANSPORTATION STUDY ADVISORY COMMITTEE 12
SIGN CODE COMMITTEE 12
ORDINANCE #10, SERIES OF 1986 - Banning the Sale of Furs of
Wild Animal Obtained by Leg-Hold Animal Traps 13
GARFIELD COUNTY REQUEST FOR SUPPORT FOR AIRPORT 14
MAA/BALLET JOINT FACILITY TASK FORCE 15
BOARDS AND COMMISSION DINNER 15
TRANSPORTATION ADVISORY COMMITTEE REPORT 15
CONSENT CALENDAR 15
MANAGER' S COMMENTS 15
COUNCILMEMBER COMMENTS 16
18
Regular Meeting Aspen Citv Council Marc 10. 1986
Mayor Stirling called the meeting to order at 5:05 p.m. with
Councilmembers Isaac, Collins, Fallin and Walls present.
CITIZENS COMMENTS
1. Tom Cardamone, A.C.E.S, told Council his Board has discussed
Jenny Adair park and the Board feels a ramp into the pond is the
only acceptable method. Cardamone said the pond is not in the
flood plain. Cardamone requested Council give the staff the go
ahead on the project pending working out the details with
whichever contractor is selected. Jay Hammond, city engineer,
told Council he would like to go back to the original contractor
and get a price on the ramp. Hammond said the Council should
vote on placing a ramp on city property. Hammond said the
Council has appropriated 516,000 to dredge the 3 city ponds. If
placing the ramp exceeds that amount, the staff could take care
of Jenny Adair pond, and then request additional funds for the
other 2 ponds. Hammond said it would be easier to do all three
ponds at once. Hammond told Council he will proceed to price all
three ponds with both contractors and return to Council at their
next meeting. Councilman Collins asked if there is a sketch of
the ramp. Cardamone said A. C. E. S. has a master plan but this
ramp does not effect Hallam lake. Councilman Collins asked for a
map delineating what is city property, what belongs to A.C.E.S.
and where the ramp will be.
2. Bruce Abel, RFTA general manager, distributed a memorandum
about the Aspen bus service advisory committee report. Abel told
Council at the March 11 RFTA meeting, the staff will be
presenting the analysis of the city bus routes and their response
to the advisory committee report. Abel said a primary
recommendation of this report is that during off season, the
level of service be reduced to either hourly routes or a demand
response service. Abel said he feels RFTA cannot handle their
ridership with a demand response system. Abel said ridership is
increasing, and they feel they should continue that trend rather
than provide a disincentive. Abel said the off season is getting
shorter.
Abel pointed out increased levels of transit service is a way to
help Aspen's air quality. Abel said staff's recommendation will
not be to reduce levels of service to one hour. Abel said staff
does agree with the recommendation to establish Main street as a
high f requency corridor. Abel said staff also agrees with the
utilization of smaller vehicles more in scale with the
environment . Abel said the RFTA board wil l set a public hearing
for March 18 for these recommendations.
Mayor Stirling moved to waive the rules and add the
transportation recommendations as item 7(c); seconded by
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Regular Meeting Aspen City Council March 10, 1986
Councilwoman Walls. All in favor, with the exception of
Councilwoman Fallin. Motion carried.
3. Alan Richman, planning director, introduced Peggy Severs,
the new chief zoning official.
ORDINANCE #8, SERIES OF 1986 - Lot Split Amendments
(Mayor Stirling 1 of t the room due to a conflict of interest) .
Mayor Pro Tem Walls said there are two separate issues; lots that
were originally single townsite lots and have been merged, and
large lots that were subdivided as one big lot and Council is
subsequently asked to split. Alan Richman, planning director,
told Council that is what is being corrected by this
recommendation. Richman reminded Council the specific Code
amendment request was to eliminate the requirement in lot splits
for a previous existing unit to be on a lot to allow a lot split.
Richman said this corrects the problem and differentiates between
lots that have been merged and large subdivision lots.
Richman said these lots were merged under the growth management
provision to get of ter potential development of potential lots
that would be exempt under GMP. This was a method of looking at
how many previously subdivided lots existed and trying to reduce
the overall impact on the growth rate. Council felt there should
be a relief value, and the lot split provision was opened up to
everyone. In the past years, large lots in subdivision were
coming to Council for the same relief as the merged lots.
Richman said the Quillen lot split is an example of the
difficulty Council had with subdividing a lot in an otherwise
platted subdivision. Richman said these lots can be subdivided
but this does not give them the easiest procedure.
Councilman Isaac asked if this would apply to areas annexed into
the city. Steve Burstein, planning office, said staff at first
had thought of excluding annexed areas but decided to treat all
land equally. Burstein said this Code amendment does away with
the requirement for an existing house before a lot is eligible
for a GMP exemption. The existing provision forces someone to
build a house before they are eligible for a lot split. The
density of development will be no greater if this provision is
eliminated. Burstein estimated there are 30 to 35 potential lot
splits available, and the staff does not feel this amendment will
constitute a major development.
Mayor Pro Tem Walls opened the public hearing. There were no
comments. Mayor Pro Tem Walls closed the public hearing.
Councilwoman Fallin moved to adopt Ordinance #8, Series of 1986,
on second reading; seconded by Councilman Collins. Roll call
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Regular Meeting Aspen Citv Council - March 10, 1986
vote; Councilmembers Isaac, yes; Fallin, yes; Collins, yes; Mayor
Pro Tem Walls, yes. Motion carried.
SCHOOL DISTRICT WAIVER OF WATER TAP FEE
City Manager Schilling said the school has submitted attendance
data for the schools. Schilling said there is a provision in the
Code which allows the Council to take into consideration
circumstances where strict application to the utility connect
charges would result in unfair conditions. Schilling pointed out
over the next 10 years the high school population will probably
be less than it is now. Schilling said that fact should be taken
into consideration. Schilling told Council the additional square
footage at the high school is the result of additions to the
curriculum not to accommodate additional students.
Schilling said water system development charges are imposed to
allow growth to pay its own way. New demands on the system
create new demands on capacity. Schilling suggested the staff
pursue an agreement with the school district where if there are
material alterations in school enrollment, at that time an
appropriate tap fee would be triggered. Schilling told Council
he has discussed this with the school as well as with the city's
water attorney. They both feel this would be an appropriate
solution. Schilling said this would be done by contract.
Mayor Stirling moved to direct the city manager to continue
discussions with the school and come up with a formula; seconded
by Councilwoman Fallin.
Mayor Stirling asked about the loop. Schilling said the school
board is putting money in the general fund to go through
feasibility and preliminary engineering and cost of the loop
system. Schilling told Council the school district is committed
to installing the loop system in the next 3 to 5 years.
Mayor Stirling amended his motion to include that the school
district will install the loop system within 5 years or
less; Councilwoman Fallin added only if f ound f easible by the
engineering study. All in favor, motion carried.
HOTEL JEROME PUD AMENDMENT
Councilman Isaac moved to table this to March 24, 1986; seconded
by Councilman Collins. All in favor, motion carried.
VOLK PROPERTY
(Councilwoman Fallin left the
interest) .
room due to a conflict of
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Regular Meeting _ __Aspen Citv Council - March 10, 198
Assistant City Manager Mitchell reminded Council the city
received an opinion of value of 5725,000; the Volks are asking
5 800 , 000 for the property. Mitchell told Council the proposal by
the Volks is conditioned upon this being financed by a sales tax
revenue bond or installment sale to insure them of tax exempt
interest. Mitchell recommended a sales tax revenue bond is a
much surer way of doing this. Mitchell said the Volks want to
insure a cash flow for their trust to get the same cash flow they
would receive under development.
Mitchell told Council the development proposal includes two
employee units, and the Volks have options on these. If the
Volks are unable to withdraw from the option, the expect the city
to reimburse them f or any losses, which would be about 5 8 , 0 00 .
The Volks have stated in their offer if up to 30 days prior to
the election they receive an offer of 5875,000 or more, this
offer is null and void. Mitchell said based on the prime rate
being constant and averaging around 12 percent, this is not much
more expensive than a typical bond. Mitchell told Council the
Diane Smith property was brought up as a possible purchase at the
last meeting. Mitchell has met with Ms. Smith's representatives,
and they want it relayed to Council that any plans they may have
for the property may become confused with a possible city
purchase of the property.
Councilwoman Walls asked how much money there is in the land fund
for 1986 that is not already budgeted. Cindy Shafer, finance
Director , told Council the land f and wil l have a cash balance of
52,200,000. The on-going debt payments in the land fund are
about 51,500,000. There are some note payments coming due in the
next two years of the Marolt and Shapery property. Ms. Shaf er
said the Council has adopted financial policies on how much cash
reserve they want to achieve in each fund, which makes a
difference on how much money is available in the land fund.
Mitchell said there is 5 900 , 000 cash available out of the 1 and
fund of which Council has committed 5350,000 open space, 5500,000
for trails and the rest f or the mall f ountain and maintenance.
Mitchell said the Volks are not interested in a cash sale.
Councilwoman Walls said the cost of the Volk property will be
twice that stated on the petition, and questioned if the petition
is a valid expression of the citizens. Stacy Standley said the
petition did not take into account the revenues from the property
or that the offer is financed at 90 percent of prime, which makes
this an interest free purchase. Standley said the point of the
petition was to assess local interest in the purchase of the Volk
property. Standley said this property could be used as an
expansion of the mall and also could be refinanced by further
bonds for the expansion of the mall. Standley reminded Council
they requested Council take action on this property in August,
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Regular Meeting aspenCity Council March 10 , 1986
and the costs have changed. Standley said they feel the petition
is still valid and has a total of 1700 signatures who would like,
at the least, the purchase of this property go to an election.
Mayor Stirling said he does not feel Council should make open
space decisions by election. Council is elected to plan and to
set goals. Mayor Stirling said the petition stated this property
would be purchased for open space, which may mean all businesses
should be razed as soon as the city buys it. Mayor Stirling said
it is important that the Council responds to the effort made by
citizens to have an election for the purchase of this property.
Mayor Stirling moved to adopt Resolution #7, Series of 1986,
calling for a special election May 13, 1986; seconded by
Councilman Isaac.
Councilwoman Walls said she feels Council should have made a
decision last summer that they were not interested in this
property. The city has an adopted open space master plan and
this property is not included in that plan. Councilwoman Walls
said this particular petition has to do with open space, not the
Sinclair gas station. Councilwoman Walls said some petitioners
have told her they signed the petition to save the Popcorn Wagon.
Councilman Isaac said the Council has an obligation to put this
to the vote of the community. Councilman Isaac said he is
opposed to the purchase because the price has gotten out of
relevance for the piece of land. It is too expensive in light of
other projects the Council has planned for the community.
Councilman Isaac said the petition asked Council to either
purchase the property or have an election, and Council should
hav a the election.
Councilman Collins said he feels the purchase price is
significantly more than the price outlined in the petition.
Councilman Collins said Council would be setting up an election
on a contingency basis because of the conditions the Volks have
set on the purchase. Councilman Collins said Council has had an
open space acquisition list for a number of years that has at
least 12 sites listed in priority and not once has the Volk
property ever been on this list. Council has a responsibility to
administer the open space funds as prudently and as judiciously
as possible. Councilman Collins said he does not f eel the Volk
property is in that category.
Mayor Stirling said citizens obtained about 1100 signatures of
residents of the town, and Council should respond and give the
electorate a chance to openly debate the purchase of the Volk
property. Mayor Stirling said he is not in favor of purchasing
the property. The price is 10 percent above the appraisal; the
cost of the issuance of the bonds is another S30 , 000. Mayor
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Regular Meeting Aspen City - Coun-cil March 10 , 1986
Stirling said he feels it absurd for the city to be operating a
commercial business in town. Mayor Stirling said he will support
having a special election.
Bil Dunaway said many of the open space purchases are not within
the city, and the Council should give the voters a chance to
decide if a park within the city is as valuable as large pieces
of property on the periphery. Mayor Stirling said he f eels the
city has done a frightful job of maintaining the open space they
have purchased, and the main challenge facing the city is
maintenance and restoration of these properties. Mayor Stirling
said his priorities are completing the trails system and getting
the open space properties in first class shape.
Francis Whitaker said he was one of
space program and has kept an eye on
acquired, the use of the f unds, and
Whitaker said the general purpose
preserve the approaches to town and
space within the city. Whitaker said
space acquisition has been put on the
said the Volk property is too small
space use. Whitaker said the asking
opinion of value.
the initiators of the open
the program, the properties
the use of the properties.
of open space has been to
to acquire suitable open
it is unfortunate that open
political level. Whitaker
and too expensive for open
price is higher than the
Hal Clark said the open space plan has been developed by an open
space advisory board and others appointed by Council. PCPA
recommends such a board be reformed. PCPA has supported the use
of 6th penny funds in town, like the renovation of the Wheeler,
the purchase of the land next to the Wheeler, and the purchase of
Bass park. Clark said PCPA is opposed to the purchase of the
Volk property for reasons already outlined. C1 ark said if this
does go to an election, it should be made clear on the ballot
that the funds to be used will come out of the 6th penny.
Wink Jaffee said this is not an issue of how much or where the
property is; it is an issue that citizens wish to have an
election on the possible purchase of the Volk property. Jaffee
said the money belongs to the citizens, and they want to have a
vote. Jaffee said Council should not question the validity of
these petitions but should allow the electorate to vote. Andre
Ulrych said there is immediacy in this issue because the Volk
property will be developed in April. They have a petition with
1700 signatures that would like to have an election.
Stacy Standley said he feels it unfair for Council to treat the
woodburning referendum petition and this petition as different
entities. Standley pointed out the 1974 mall plan included the
Volk property and has included it as an open space acquisitio n
longer than any other piece of property. Standley said the Volk
6
Regular Meeting Aspen _CitY Council March 10 , 1986
property should not be ignored because it is a vital piece of
property in the downtown area. Mayor Stirling pointed out the
woodburning referendum petition followed specific Charter
guidelines and the signatures had to be certified by the city
clerk.
Mayor Stirling and Councilman Isaac in favor, Councilmembers
Collins and Walls opposed. Motion NOT carried.
1985 GMP PROCEDURAL INTERPRETATION
City Attorney Taddune told Council both residential applications
would have been scored under the statute of ordinances in effect
at the time of submission. As the applications were being
presented, Council was considering an ordinance amending the
criteria for employee housing. Taddune told Council the
application of Kaufman's client would probably fare better under
GMP scoring if the new regulations were used. Gideon Kaufman,
representing the Sunny Park GMP application, told Council his
clients is the only application existing. Taddune told Council
there is a ramification regarding the Cantrup GMP application,
and it may be that some of the violations the planning office has
found may be remedied if Cantrup could also take advantage of the
new rules. Taddune opined that the regulations that should apply
for the scoring process should be those in effect at the time of
submission. Taddune said he is presenting this to Council to see
if they would be willing to apply the current employee housing
regulations. This would make it easier for the P & Z to score,
and would avoid the necessity of appeal which may be likely in
either application.
Mayor Stirling said the Cantrup application was hit fairly hard
with the old rules, and asked if they are seeking relief through
variances at the Board of Adjustment. Taddune said the Cantrup
application is seeking relief bef ore the Board of Adjustment to
review a decision made by the chief planning official. Taddune
told Council both applications are being treated equally.
Taddune said he suggested Kaufman come to Council because he does
not want to take the position there be a different treatment for
Sunny Park and the Cantrup application. Taddune said he has not
made an analysis how the Cantrup application would be scored
differently under the new employee housing rules. Taddune is
asking Council's preference under which system they should be
scored.
Mayor Stirling said the Council has not had a ruling on the
planning officials' position and asked if the P & Z has ruled on
this. Kaufman said currently there is only one application that
is bef ore the scoring system. The Cantrup application has been
put out at this time; he is appealing to get back in. Kaufman
7
Regular Meeting Aspen City Council March 10, 1986
said the issue is whether Council feels the new scoring system is
a better system. Kaufman said Council adopted a new scoring
system because they felt the city could get better projects.
There is a letter in Council packet from Cantrup's attorney
stating they will not object to whatever scoring system is
applied to Sunny Park.
Kaufman showed two scenarios of scoring two different projects
and the possibility that a very poor project can create a
situation to provide more than 50 percent employee housing in a
dorm situation and a conversion and receives 33 points for
employee housing and meets the threshold. In the obverse, an
excellent project with 50 percent employee housing may not meet
the threshold . Kaufman said Sunny Park is a good project and
under the existing scoring will have a difficult time to meet the
threshold. Under the new guidelines, with no change to the
application, Sunny Park has a chance for approval. Kaufman told
Council this project received approval previously but that
approval has lapsed. This project is an improved project but
cannot meet the threshold. Kaufman told Council the rules were
set up to protect an applicant so they would know what they are
being scored under.
Kaufman said the Council has acknowledged that the community
needs better projects under this new scoring system. Kaufman
said he feels the new scoring system should be applied. Kaufman
pointed out that Cantrup is not asking for any change. Kaufman
said Cantrup is out of the scoring, but even if he was in, if his
project can be built under the new scoring system what is wrong
with that. Kaufman said this project has real benefits to the
community; it was approved once. Kaufman said Cantrup's attorney
has said thi s application can be scored under the new system.
Cantrup can also be scored under the new system. Kaufman said he
does not feel there is a downside to this, and there is enough
justification to allow the new scoring system to apply. Kaufman
said this project is located by Park Circle and will provide 4
free market and 4 employee studios. Kaufman told Council the 4
employee studios will be in the low income bracket.
Raufman said even if the Cantrup project is put back into the
system, his project would have to meet the threshold under the
new scoring system. Taddune said there are no other
applications; the staff is worried about the competitive aspect
of the competition. Taddune said the Cantrup people have no
problem applying the new regulations, and they may want to be
considered under the new regulations. Taddune said the best
approach is to give the applicants the option to choose between
the old and new regulations. Councilman Isaac asked if there is
any argument for not using the new regulations. Taddune said the
only argument against that would be the integrity of the system.
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Regular Meeting Aspen _C~.tv Counc' 1 March 10. 1986
Taddune said Council should look at the benefit to the community.
Mayor Stirling pointed out the reason for changing these
regulations was to benefit the community. Taddune said this
application is not going to change. In the Cantrup application,
it maybe that the project will be enhanced but the original
application was not of high quality. Kaufman pointed out since
1977, there have only been two projects that have actually been
constructed under GMP.
Councilman Isaac moved to allow the applicant to use the new GMP
regulations and the applicants have the choice to use either old
or new regulations; seconded by Mayor Stirling.
Taddune said the reason this is before Council is that the
Cantrup project has agreed not to compete with this application.
There are two projects competing in the system for points to make
the threshold. Kaufman told Council Cantrup's attorney has said
if Sunny Park meets the threshold, he will not contest the
ability of Sunny Park to get 4 units. Taddune said the Cantrup
application has not been scored, as it was rejected because of
zoning violations having to do with housing. Mayor Stirling said
Cantrup could chose to be scored under the new or old
regulations.
All in favor, motion carried.
BYERS REQUEST TO USE STREET
George Byers told Council he is starting a business of Aspen
Historical tours to use one of the skier shuttle vehicles for
tours of the historical aspects of Aspen. Byers said he needs to
have a viable parking space close to the center of town. Byers
told Council he has gone to the CCLC and requested to be able to
park on Galena street just east of Rubey park. Byers said CCLC
has recommended approval of this request. Councilman Isaac asked
if the horse and buggy that parks in front of the Hyman Avenue
mall has city approval. Byers told Council he had originally
requested to park directly behind the horse and buggy. Byers has
determined they operate outside the parking regulations because
of the aesthetics of the operation.
Byers said he plans to sell the tickets through the Wheeler and
through a number of lodges. Byers is requesting permission for
the summer only. Assistant City Manager Mitchell said the
vehicle Byers plans on using currently parks on the east side of
Galena street in the winter for skier shuttles. It would be
better located on the west side of Galena in the summer as the
Highlands ski buses are not parked there. Councilwoman Fallin
asked if these tours would be coordinated with the Historical
Society. Byers said he does not plan on formal coordination but
9
Regular Meeting Aspen City -Coc~nc-il March 10 , 198
the tour will show where the Stoll and house is located. Byers
said the tour narration will be on head sets, not amplified.
Byers told Council he is going through the PUC process.
Mayor Stirling said the skier shuttle vehicle is out of character
with the proposed tours. Byers said the parking space they are
requesting is not currently used as regular parking. Councilman
Isaac asked if a route has been decided upon. Byers told Council
he cannot proceed with a route until he has approval for a space
from which to operate. Byers told Council he plans to charge in
the 55 to 510 range for these tours.
Councilman Isaac moved to allow parking on the west side of
Galena next to Rubey Park from June through September contingent
upon an acceptable route and publicizing the route and evaluating
it after this summer; seconded by Councilwoman Walls.
Councilwoman Fallin said Byers could do this tour without
Council' s permission if he operated out of private land.
Charlotte Slater asked if the city approves the route for the
horse and buggy operations. Ms. Slater said it seems
inconsistent to have the city approve the route for one operation
and not another. Councilman Isaac said he is concerned about the
conflict of this operation with the MAA buses.
Councilman Isaac amended his motion to withdraw the part about
the route approval; seconded by Councilwoman Walls. All in
favor, with the exception of Mayor Stirling. Motion carried.
SAWMILL TRAIL EASEMENT
City Manager Schilling said the staff, PCPA, and Nordic Council
have been working on an easement on this property to allow the
completion of the Shadow mountain trail system to inter- connect
with the Marolt property. Schilling said the purchaser of the
Sawmill property has agreed to provide an easement across this
property but has requested certain conditions. Schilling said
the conditions are outlined but need some fine tuning.
Mayor Stirling asked if the Sawmill barn has any historical
value. Schilling said the city may offer to make the building
available to anyone interested in moving. The historical society
has said there is some value in the lumber, and if no one wants
the building the city could demolish the building and offer the
lumber to the Historical Society. Schilling said it may cost
about 52000 to demolish the building. Mayor Stirling said there
should be some flexibility about the completion date so that the
city does not lose the easement if the construction cannot be
completed. Schilling said Dietsch feels if he is cooperating he
wants the city to proceed to get the project completed.
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Regular Meeting Aspen Citv Council March 10, 1986
Councilman Isaac said Mrs. Marolt has indicated she does not want
city personnel on her property until August, and it may be
difficult to complete the bridge under this restriction.
Schilling pointed out the request for proposal, design and
bidding process will take until the end of August. Schilling
said if the city gets permission in advance from Mrs. Marolt, she
will cooperate. Schilling said there is an easement on this
property, and no one feels this easement is important to the
trails and the recommendation is to remove this easement.
Council indicated they are conceptually in favor of the 11
conditions outlined in Schilling's memorandum. Councilman Isaac
asked if this is the best alignment for the bridge. Hal Clark
said this was the first pick for the Nordic council.
ORDINANCE #9, SERIES OF 1986 -Appropriations
Councilwoman Fallin moved to read Ordinance #9, Series of 1986;
seconded by Councilman Collins. All in favor, motion carried.
ORDINANCE # 9
(Series of 1986)
AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF
$ 7 5 , 5 0 5 ; APPROPRIATING GENERAL FUND EXPENDITURES OF
$83,745; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES
WITHIN THE GENERAL FUND OF $36,200; TRANSFERRING
PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $3,000
TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING
PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF
$18,314 TO THE ICE GARDEN FUND; RECOGNIZING LAND FUND
REVENUE OF $350,000; APPROPRIATING WHEELER TRANSFER TAX
FUND EXPENDITURES OF $3,000; APPROPRIATING ICE GARDEN
FUND EXPENSES OF $18,314 was read by the city clerk
Councilwoman Walls moved to adopt Ordinance #9, Series of 1986,
on first reading; seconded by Councilwoman Fallin. Roll call
vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes;
Fallin, yes; Mayor Stirling, yes. Motion carried.
UTE MOUNTAINEER GOLF PRO SHOP AGREEMENT 1986-87
City Manager Schilling reminded Council they approved the use of
the pro shop at the golf course for a Nordic facility for this
winter. Schilling told Council Ute Mountaineer is interested on
continuing this arrangement. Schilling encouraged Council to
allow staff to enter into an agrement for next winter with the
understanding that for the third year, the city will go through a
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ReQUlar Meeting Aspen City Council March-10, =1986
solicitation process. Schilling said the city did a solicitation
for 1985-86, and Ute Mountaineer was the only applicant.
Councilwoman Walls moved to allow staff to negotiate an agreement
with Ute Mountaineering for the pro shop for 1986-87 winter
season; seconded by Councilwoman Fallin. All in favor, motion
carried.
ASPEN SKI COMPANY REQUEST F6R FUNDS PROMOT-TONAL FILM
City Manager Schilling withdrew this request.
RESTAURANT_ REQUEST TO U-SE MALL
There is a request from one of the restaurants to be able to
expand into the mall before the allowable summer season due to
the warm weather. City Clerk Koch pointed out that the staff
feels there would be problems in determining how much rent would
be due and problems with snow removal.
Councilwoman Fallin moved not to allow mall use for restaurants
during the winter; seconded by Councilwoman Walls. All in favor,
motion carried.
TRANSPORTATION STUDY ADVISORY COMMITTEE
Mayor Stirling said the RFTA wants to form an advisory committee
to RFTA to work within the TDP process and would like a
councilmember on that committee. Mayor Stirling questioned why
another committee is needed. Assistant City Manager Mitchell
said part of the process for the TDP update was to have a
committee the consultant can work with. It is important to have
feedback from the committee so that the TDP has relevance to the
community. Councilman Isaac said he would be interested in
serving on the community. Councilman Collins suggested someone
from the city's traffic committee should be on this committee.
Mayor Stirling moved to appoint Councilman Isaac to the advisory
committed; seconded by Councilwoman Walls. All in favor, motion
carried.
SIGN CODE COMMITTEE
Mayor Stirling said Council has received a letter from the Board
of Adjustment requesting some update of the city's present sign
code. Assistant City Manager Mitchell told Council the planning
department is working on a code amendment using all the
information the sign code committee developed.
12
Regular Meeting Aspen- City eouncil - March 10, 19-86
ORDINANCE #10, SERIES OF 1986 - Banning the Sale of Furs of Wild
Animal Obtained by Leg-Hold Animal Traps
Councilwoman Walls moved to read Ordinance #10, Series of 1986;
seconded by Councilman Isaac. All in favor, motion carried.
ORDINANCE # 10
(Series of 1986)
AN ORDINANCE CODIFYING THE PROHIBITION OF THE USE OF
LEG-HOLD ANIMAL TRAPS WITHIN THE CITY OF ASPEN,
COLORADO, AS PRESCRIBED BY ORDINANCE N0. 60 (SERIES OF
1982) AND, FURTHER, BANNING THE SALE OF FURS OF WILD
ANIMAL OBTAINED BY LEG-HOLD ANIMAL TRAPS was read by
the city clerk
Mayor Stirling asked if there has been any research to see how
many furs would be effected by this ordinance. Karen McLaughlin,
city attorney's office, said a preliminary estimate indicates
that 6 furs would not be available for sale if this ordinance is
passed. City Attorney Taddune told Council the research of his
office indicates 6 states have ordinances similar to this.
Councilwoman Walls said this is a moral issue. Trapping is an
anachronism in the 20th century. Councilwoman Walls said
trapping does not distinguish between furs or a deer or an eagle.
Councilwoman Walls said it is a shame that trapping is still
allowed in this country. Councilman Isaac agreed about the moral
issue but is concerned about enforcement of this ordinance.
Councilwoman Walls said it is known which animals are trapped and
which are ranched.
City Manager Schilling told Council the furriers in town are
currently engaged in a legal business. Schilling said pelts are
acquired and sent to the Orient to be made into coats and it is
impossible to tell in a particular coat where the pelts came
from. Schilling said the way this ordinance is written, it would
apply to anyone selling furs, including the Thrift Shop.
Schilling said this ordinance puts the burden of enforcement on
the city manager's office. Schilling told Council the fur
industry is becoming more sensitive to this issue. Taddune said
this ordinance codifies banning the use of leg hold traps within
the city as well as selling furs obtained by leg hold traps.
Councilwoman Walls suggested removing the onerous enforcement.
Councilwoman Walls said she would be interested in making a moral
statement rather than actually seizing merchandise. Mayor
Stirling suggested removing section (c) from the ordinance.
Councilman Isaac said he would like to know what other
communities have done. Ms. McLaughlin said in 1970 New York
passed a law banning the sale of certain skins and furs, and this
13
Regular Meetinct Aspen City eouncil March 10 , 1986
law was upheld in the court of appeals. Ms. McLaughlin said
states have been able to pass laws that are more stringent than
the Federal endangered list law. Mayor Stirling said he supports
these efforts but would rather make a moral statement .
Councilwoman Fallin said she would rather pass a resolutions
saying the Council objects to the sale of these furs and to send
this resolution to the state legislation asking the state to pass
a law banning the use of leg hold traps.
Mayor Stirling moved to adopt Ordinance #10, Series of 1986, on
first reading amending it by deleting section (c); seconded by
Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes;
Walls, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes.
Motion carried.
Mayor Stirling moved to have staff draft a resolution for the
next meeting which could be passed on to the state legislature;
seconded by Councilwoman Fallin. All in favor, motion carried.
GARFIELD COUNTY REQUEST FOR SUPPORT FOR AIRPORT
Bob Richardson, Garfield County commissioner, requested Council
formally endorse an instrument landing system at the Garfield
County airport, located in Rifle. Richardson said the main
purpose is for the airport to act as a reliever airport for Sardy
field during foul weather as an alternate to Denver or Grand
Junction. Richardson said there is a curfew at Sardy field, and
the Rifle airport could help in that regard. Richardson
requested the Council write a letter to the F.A.A. supporting
this request. One of the primary basis for this request is
safety conditions.
Richardson said they feel there are no downsides to the city or
county in this request and no negative economic impacts to the
Roaring Fork valley. Richardson said the Pitkin County
commissioners have unanimously supported this proposal. City
Manager Schilling said this would be a net benefit to the
community. Aspen's airport is not eligible for an ILS because of
the geography. Richardson said Corporate Aircraft services is
willing to discuss a shuttle service. Councilman Isaac asked
about the plans for an airport near Carbondale. Richardson said
the possibilities for that are nil, and significant monies have
been spent on the Rifle airport. Richardson told Council this
airport operates a 24 hour service.
Mayor Stirling moved to direct staff to write a letter for the
Mayor's signature to the F.A.A. supporting this concept; seconded
by Councilwoman Walls. All in favor, motion carried.
14
Regular Meeting Aspen Cit,~ Council March 10. 1986
MAA/BALLET JOINT_FACILITY TASK FORCE
Mayor Stirling said the committee met and decided that there
would be representatives from the MAA and Ballet. There has been
a request that the Mayor co-chair this committee. The MAA
appointed Fritz Benedict, Ray Adams and Les Anderson; the Ballet
appointed Mary Byerly, Richie Cohen and Tage Pederson. Bill Kane
has agreed to chair the committee. An agenda has been formed for
these meeting. Council decided there should be no elected
officials on this committee. Council agreed to provide support
staff and space.
BOARDS AND COMMISSION DINNER
Council suggested this dinner be held before off season and
requested the City Manager's office schedule the dinner and send
invitations to the Board members.
TRANSPORTATION ADVISORY-COMMITTEE ~tEPORT
Councilwoman Fallin said she is not in favor of reducing bus
service during the off season. Bruce Abel, RFTA general manager,
told Council his staff recommendation will be not to reduce
service. Abel said looking at the figures, ridership does not
decrease during off season as people perceive it. Councilwoman
Walls said if the city is trying to encourage ridership, the
levels of service should not be cut. Abel said the city bus
committee recommended either going to one bus an hour with
demand/responsive or a demand response entirely. Abel said there
are no cost savings in a demand response system. Abel told
Council that ridership is increasing and RFTA would like to
continue that trend. Council suggested discussing this March
17th so Council would have comments before RFTA's public hearing.
Mayor Stirling said he favors both the recommendation of using
Main street as a high frequency corridor as well as using smaller
vehicles.
CONSENT CALENDAR
Councilwoman Walls moved to approve the consent calendar;
seconded by Councilwoman Fallin. The consent calendar is liquor
license renewals - Crystal Palace; Andres; Minutes February 10,
24, 1986. All in favor, motion carried.
MANAGER'S COMMENTS
1. City Manager Schilling told Council he discussed the
temporary ice rink with George Pucak, recreation department.
Schilling said the rink is not operation yet because of the very
15
Regular Meetinct Aspe~n~_ty council ~ March 10, 198
warm weather last week. Schilling said the ice is very marginal
and cannot support a Zamboni. Pucak will open the ice rink
tomorrow if conditions are right. Schilling said expenses to
date are $8,000 not including labor. The Aspen Foundation has
made a commitment to fund $5 , 000 for this rink. Schilling said
he feels it was important for the city to go through this
experiment. Schilling said if the city is unable to provide a
good surface, he recommending closing the rink down and look at
other alternatives for the future.
Councilwoman Fallin asked if this has been installed in the fall,
would it be skateable given this winter's condition. Schilling
pointed out on problem is there is significant fall in the park
which creates different depths. Schilling said if this had been
built up in the fall, it may have been usable. Schilling said
the point of this is to find out whether people are interested in
using an outdoor rink.
COUNCILMEMBER COMMENTS
1. Councilwoman Fallin asked Council to change the April 2nd
Little Nell to April lst. Council agreed with that change.
2. Councilwoman Fallin moved to continue the meeting to March
17 at 5 p. m. to have a vote on the preference for the city hall
remodel; seconded by Councilwoman Walls. Councilwoman Walls
asked that the James E. Moore pool report be added to this
agenda. Council man Collins asked that Council discuss the RFTA
recommendations. All in favor, motion carried.
3. Councilwoman Fallin said when Council passed Ordinance #35,
prior to the independently ventilated part of the ordinance going
into effect June 1, Council was going to schedule a review to see
how this is working. Council scheduled a review April 7 from 6
p. m. to 7 p. m.
4. Councilman Isaac said Council received a memorandum from the
city manager about the debris flow on Aspen mountain. Since
spring is approaching, it might be a good time to get going.
Councilman Isaac said there may be state or federal monies
available for the study. City Manager Schilling said the
estimates are higher than originally presented.
5. Councilwoman Walls asked where the lighting and signing
program from the Rio Grande to the Art museum is. Assistant City
Manager Mitchell said this has been presented to the CCLC, and
they are working on getting costs as part of the downtown
1 ighting program. Mitchell said the costs for the museum
lighting will be separated out and staff will return to Council
for approval.
16
Regular Meeting Aspen City Council - March 10 , 1986
6. Mayor Stirling told Council he received a letter from
Cordell Smith, director of division of highway safety. Smith
asked the Mayor to commend the community for all the awareness
and work on the drunk and drug driving programs.
7. Mayor Stirling said there is a proposed tourism meeting
scheduled May 23 and 24 at the Aspen Institute that the Council
is being asked to sponsor. Mayor Stirling said he will have more
information at the next Council meeting.
8. Councilman Isaac told Council he received an appointment
from the Governor to serve on the Colorado Land Use Commission.
Councilwoman Fall in moved to continue the meeting to Monday,
March 17 at 5 p. m. ; seconded by Councilwoman Walls. All in
favor, motion carried. Council left the meeting at 8:40 p. m.
~. f 6~
'~.~
Kathryn S. och, City Clerk
17