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HomeMy WebLinkAboutminutes.council.19860527 Re ular Meetin Ma 27 1986 As en Cit Council JOINT MEETING WITH COUNTY COMMISSIONERS ' 1 1 RFTA Appropriation Resolutions. ' 2 RFTA Intergovernmental Agreement. 2 Sanitary Landfill Agreement. ORDINANCE #19, SERIES OF 1986 - Approving RFTA Inter- 2 . governmental Agreement • Use Tables ORDINANCE #16, SERIES OF 1986 - Amending 3 ORDINANCE #17, SERIES OF 1986 - Rescinding Ordinance #25, - 3 1983 • 5 ORDINANCE # 17 , SERIES OF 1986 ~ ORDINANCE #18, SERIES OF 1986 - Nordic Council Piston Bulley 6 RESOLUTION #13, 1986 - Nordic Council Pisten Bulley • 7 LIQUOR LICENSE APPLICATION - Main Street Liquors - 7 ORDINANCE #20, SERIES OF 1986 - Accepting Sawmill Trail 7 Easement SUNNY PARK GMP GENERAL SUBMISSION AND ALLOCATION • 8 GOLF COURSE REQUEST FOR APPROPRIATION ADJUSTMENT - 8 ' 9 BUSINESS LICENSE REVENUE REPORT SMUGGLER MOBILE HOME PARK SPA AMENDMENT ' 9 CODE SIMPLIFICATION CONSULTANT CONTRACT • 10 CHATEAU SNOW CONDOMINIUM PLAT AMENDMENT ' 12 SUBDIVISION EXCEPTION - Aspen Mountain Townhomes • 12 13 GMP AMENDMENT - Carriage House REFERRAL FROM USFS ON SHADOW MOUNTAIN TRACTS • 14 DESIGN CONFERENCE REQUEST TO USE STREETS ' 16 REQUEST FOR EXEMPTION FROM PERSONNEL RULES • 17 21 Re ular Meetin Ma 27 1986 As en Cit Council 17 ELECTRIC UNDERGROUNDING ASPHALT CONTRACT ' 18 REQUEST FOR FUNDS - Junior Volleyball Club ' LITY STUDY FOR RECREATION CENTER AND OUTDOOR ICE RINK 18 FEASIBI 20 EASEMENT ACQUISITION FOR HOLY CROSS ELECTRIC • 20 ASPEN MOUNTAIN LANDSLIDE REPORT - 22 T MEETING ~nfiITH COUNTY COMMISSIONERS Mayor Pro TeFallinS J O I i~1 called the meeting to ,order at 4:20 wi hi d unMadsen aand Blake Commissioners Braudis- Klt haveua~ quorum, these matters will present. The Council did no be continued to the Council meeting FTA -A ro riation Reso t ~ ons. Commissioner Kla a ethe 1. ~ o ened the public hearing. Bruce Abel, RFTS anda 1986 budgets. Board these resolutions clean up the 198 tion 86-4 unappropriates funds not spent g5 a d will Resolu rojects in 1985. These projects were unde the monies into the P continue in 1986 and resolution 86-5 puts These projects 1986 budget to continue these capi ant pwhichtwill be closed out are the bus maintenance facility gr - Bus in 1986 ; the bus acquisition grant for 16 Neoplan buses. ainting has been completed; Neoplan transmission expenditure of some transmissions, P Abel was negotiating the Token downing Bus shelters budget was these negotiations have br o f the project will be established in 1985, the majority m leted in 1986 the shelters have arrived, and RFTiocations co p Abel said there are 10 pouring concrete in 2 weeks. for these shelters. Tom Smith said he is concerned tbel tolduthe precautions are taken to insure pedestrian safety. A as there are no bus shelters along the highway, Board presently the highway department does have some concerns. Abel said the city engineering department has been ean$ 3 0 0 , 0 0 0 process for RFTA. Ms. Klanderud asked about th de osited into the capital improvements funds • im b ovement P oes into the capital P 5300,000 comes off the top, g funds and is used to pay mall maintenance and debtAbelvsaid Braudis asked the source of the bus painting revenue. there is revenue from receivables from accidents thatowcovertthe people's fault. The insurance settlements were used painting. Tom Blake asked if the fund balance is adequate. Abel f ltheir Boards he has just received the draft 26Pbuses n the next 3 findings is there is a need td replace ears. RFTA has the financial capabilities to reply d. 1 Abel Y these. Abel said in his opinion RFTA is 9 tears, and have a 10 said the Blue birds have a d the twill ostage yreplacement so that year life span. Abel s Y the entire fleet will not have to be replaced in one year. Abel said the operations are running at a break even basis. Klanderud closed the public hearing. Braudis moved to approve resolutions 86-4 and 86-5; seconded by Madsen. All in favor, motion carried. 1 2, RFTA Inter overn enta A, ee nt., City Atto fie tTofdthe told the Boards this is a recapitulation l~t m de over the year. several amendments to ente doesAnot rcontain anything the Boards Taddune said this agrem e not see before. Tom Oken, county finance directoBoa ds of or hav up the budget changes that need to come ba de idedh changes both approval. In a work session, the Boards ter than $10,000 and 10 percent to a specific prograa small Brea be reviewed. Oken explained the real thef Boa ds did not want project, a 10 percent would be be lbrou ht to the Boards if they to see that . The changes wil l 9 exceed both the $10 , 0 00 threshold and the 10 P or review fair ly Oken said the Boards had agreed they only wanted lar a changes. Oken said the RFTA Board will be lookboutasmaller 9 changes in detail, and the Board were not concerne a changes. (Councilman Isaac came into the meeting). Madsen moved to approve the RFTA intergovernmental agreement as amended; seconded by Braudis. All in favor, motion carried. Councilwoman Fal l in moved to adopt Resolution 86-4 ried.86-5 seconded by Councilman Isaac. All in favor, motion car Councilman Isaac moved to approve the intergovernmentan•ag Allein for RFTA as amended; seconded by Councilwoman Falll favor, motion carried. Ms. Klanderud noted about 5 3, Sanitary Landfil d scussion about transf erring the dump as years ago, there were an asset to the county. Mayor Pro Tem Walls saiCouncildois require an .election. Ms. Klanderud said if interested, it could be added to the August or Nove bee usedlasta Councilman Isaac asked how much lon ana errs said th y can stretch land fill. John Eldert, county m g Tom Smith, county the 1 if a of the dump out c a~ otand county r own the landfill . The attorney, said both the y count has taken the management and operation of the redni nl the Y This agreement continues the practice that has occur past. Madsen moved to approve the sanitary landfill agreement; seconded by Blake. All in favor, motion carried. Councilwoman Fall in moved to approve the sanitarc• laAdiiin agreement f or the city; seconded by Councilman I saa favor, motion carried. ORDIN-ANCR #19 SERIES OF 1986 - Approving RFTA Intergovernmental Agreement 2 As en Cit Council Re u ar Meet' ~ M 27 1986 Councilman Isaac moved to read Ordinance #19, SerieSCarri d86, seconded by Councilwoman Fallin. All in favor, motion ORDINANCE N0. 19 ( Series of 1986 ) AN ORDINANCE APPROVING AN AMENDED INTECOLORADOENAND AGREEMENT BETWEEN T DO C pROVIODING PFOR THE CREATION, PITKIN COUNTY, COLORA , OPERATION AND MAINTENANCE OF A PUBLIC CH' AGREEAMENT SYSTEM BY A JOINT TRANATTINTERGOVERNMENTAL AGREEMENT REVISES AND SUPERCEDES TH DATED NOVEMBER 21, 19 83 , TO INCLUDE ALLON SE TO ESAID SUPPLEMENTS AND ADDITI ANDLD REOCTING THE MAYOR TO AGREEMENT, AND AUTHORIZING EXECUTE SAID AGREEMENT was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #19, Series.°members seconded by Councilman Isaac. Roll call vote; Council Fallin, yes; Isaac, yes; Mayor Pro Tem Walls, yes. Motion carried. CITI-Z ENS COMMENTS 1. Acting City Manager Mitchell asked that Council add easement agenda authorization for signatures on the undergroun agreements. Councilwoman Fallin moved add this item as VI (s); seconded by Councilman I saac. All a.n favor, motion carried. ORDINANCE #lfi SERIES OF 1986 - Amending Use Tables Mayor Pro Tem Wall s, opened the public hearing. Acting City Manager Mitchell reminded Council this ordinance amen sho s and tables f or the public zone to alloP & Z nrecommended against employee housing as conditional uses. thi s amendment but planning staf f brought it be v ted~ onMatoP &r Z Tem walls said as a conditional use, it will on a case by case basis. Councilwoman Fallin moved to adopt Ordinance #16- Rollecall vote; on second reading; seconded by Councilman Isaac. Councilmembers Isaac, yes; Fallin, yes; Mayor Pro Tem Walls, yes. Motion carried. ~RDINAN-CR- #17 SERIES OF 1986 - Rescinding Ordinance #25, 1983 Mayor Pro Tem Walls opened the public hearing. 3 Re-aular Meetina Mav 27. As~en_City Council Al Blomquist told Council he was a member of the co83it enactedt circulated the petitions to get Ordinanc~t d b 1 the voters to Blomquist noted the land fund had been comma Y the debt service of the Wheeler Opera House as well as uses other than open space. Blomquist said the petitionesixth mm nny funds afraid that in the future thereewouThe b u pose of Ordinance 25 left for acquisition of open spac P was to restrict the use of sixth penny funds untcitsu haveimbeen open space and recreation obJthisvordinancee is passed, other achieved. Blomquist said if funds will invade the land fund. Blomquist said the the cituns should be untouched for 5 years in order to aoci teld lout if the goals. Acting City Manager outcof thepland fund, Ordinance electorate wanted to spend money #25 could be superceded by the voters. Mitchell said Ordinance #25 may be in violation of the original ordin~ in strapping Councilman Isaac agreed Ordinance 25 went too f a resent Council and not allowing them funds for mainee Sal th °penny i s trails and open space and money ~ m noIsaac said any citizens appropriate for maintenance. Council lan to may listen to deliberations during budget sn sa°a the more land spend the sixth penny. Mayor Pro Tem Wall Mitchell told the city acquires, the more it cos staff wille present both the Council during budget time, the o erating and capital budget for the sixth penny. (Councilman P Collins came into the meeting) Mayor Pro Tem Walls closed the public hearing. Councilwoman Fallin moved to adopt Ordinance X17, Seriecall vote; on second reading; seconded by Councilman Collins,Rono: Mayor Pro Councilmembers Fallin, yes; Isaac, yes; Tem Walls, yes. Motion carried. Corwin requested Council go back to CouncilmembeSecondedtby Councilman Isaac moved to allow cat t on carried s~ Councilman Collins. All in favor, mo CiTI Z EN S COMMENTS 1. Andy Corwin addressed Council about the $5,000 Corwintedold the last meeting for a marketing fi dustr Afor n14 years, 12 of Council he has been n base done many nat oval commercials and these in Aspen. Co rwi Company . Co rw i n has done promotional f alms f °hi h wouldlactively market Aspen supports the concept of a film w on a year round basis. Corwin said he diff in sad his piscnot on how the city funds were asu°Cest d making a film for Aspen. the first time someone has gg Corwin said when he approached the city about making a film, he 4 Aspen ~itv Council Reaular Meetina Mav 27. 1986 The ARA has indicated they did not have was referred to the ARA. the money or the project did not fit with their marketing plans. Corwin said if .the correct amount of money does n to a ursueta produce a quality marketing tool, ther thes nvestment made. If project which cannot justify or return money is spent to produce a film, but there are no means to distribute it there will be no return for this efforttionedrwhn said Aspen is known as being a quality oduct from a uproducer who Aspen would risk getting an inferior p has not completed a f ilm. Corwin said a qual it Corwin wsaid require much more money than has been allocated. Council should know what distribution this video nilhase been from the producers efforts; if the 1 prod Co w°n asked what guaranteed; and the sche has overt the film, what is the budget control the City of Aspen break down and how is the money spent. Whatts money if the project goes over budget, can the city recoup 1 Y f ilm is not f ini shed. Corwin said this proposal should be handled with more thothetcitd in a more formal manner. In spendi d rexresentsthencommunity as should look at all possibilities an p positively as possible. Corwin volunteered his time as consultant to the Council to offer professional view points and knowledge. Corwin said if the city is inttrandedut the promotional film, they should devCollins ex clained that the project up for bid. Councilman P Council pledged 20 percent of the total budget a of$ work0as Council received a detailed presentation of the scop well as a break down of the budget. Councilman Collins said the X5,000 pledge from the Council was contingent upon the applicant raising the rest of the funds. Councilman Collins said when the money was approved, it was also conditioned upon returning to Council with a definition on how this would work before the city signed .tnetha r Council Councilwoman Fallin added there the film ymak g ~ Mayor Pro Tem will be kept informed during Walls said she f eels this should be presented to Council during budget time. Councilman Isaac suggested Corwin meet with Acting City Manager Mitchell, and perhaps report back to Council. Mitchell told Council the main use of the film is for education, marketing is a secondary aspect. ORi}IN-ANCE #17 , SERIES OF 1986 Francis Whitaker told Council a lot of citizens askbecause more to get a reasonable split on dive tedh from op ns space funds . and more money was being 5 A-s~en ~it-v Council Regular Meeting Mav 27. 1986 Whitaker said if this ordinance passes, the sixth pee nc u dndo will be up for grabs again. Whitaker asked what peopl to protect the primary purpose of the sixth penny. Mayor Pro Tem Walls said the city has taken over the trails frometmoneoutoytake has purchased more open space and does not have th y care of what they own. Councilman Collins said it is too bad that people pain. to Council Council to reiterate their position time and ag Collins said this Ordinance #25 was initiated by a citizens open space committee and was felt to be a reasonable compromise at the time. Councilman Collins is opposed to rescinding Ordinance #25 because it throws the door wide open to other type projects. Councilman Isaac said he would be willing tompke ssure otheyaare outlining expenditures of the sixth p ndytra is and not on other spent on parks, maintenance of parks a uses. Councilman Isaac said he is not willing to only aance of percent of the sixth penny funds to go towards mainten trails and parks. Whitaker recommended changing the percentage Tem Wallsl gre dnto rather than opening this wide up. Mayor Pro looking at an ordinance limiting the uses the sixth penny could be used for. With this limitation, the city has neglected the parks and not kept them up. Whitaker suggested reviewing the percentage as needed for acquisition and maintenance everWhitaker years to give some protection to the hen trails,f the city does agreed with the new acquisitions and Councilman need more money for maintenance and improvements. Isaac suggested getting together before budget time aeeds rand lto an ordinance to give the city the flexibility it n take care of the citizens' concerns. Councilman Isaac suggested scheduling a work session on this. Whitaker said Council owes it to citizens who worked on open space to protect the fund from being raided. Bile sixth enny Ordinance 16 was approved by the voters and opens th p fund only to those expenditures the electoratcitizens meet Mwith Pro Tem Walls asked that ablution for concerns of both sides. Mitchell to work out a s Mitchell pointed out the adoption of Ordinance #causel theobudget any effect on the sixth penny funds for 1986 be has been adopted. ORHINA~eE #~1~: SERIES OF 1986 -Nordic Council Piston Bulley Mayor Pro Tem Walls opened the public hearultation ywith rthe Taddune told Council he has been in cons attorneys for Jinco, and the agreement will be modified, the city will not having to sign an arbitrage certificate. 6 __ Mav 27 _1~98f Aspen C1ty Council Reau~ar Meeting Councilman Collins moved to adopt Ordinance X18, Series of 1986, on second reading; seconded by Councilman Isaac. Councilman Collins asked why the city is entering intActins City the funds come from Pitkin County and Snowmass. 9 the financing, and Manager Mitchell said the citY.ncur an n additional expense. The accounting for it but will not 1 Y funding will come from ,the other 3 agencies. The city ari r Chas arranged for the acquisltlon of the flyds°t 1Ptist Craig 1Ward, Nordic would be the most expedltlous way to Council, said another reason is that the trails were given over to the city. Mayor Pro Tem Walls closed the public hearing. Fallin, yes; Isaac, Roll call vote; Councilmembers Collins, yes; yes; Mayor Pro Tem Walls, yes. Motion carried. RE`SOLUTIOI~--#13. 1986 -Nordic Council Pisten Bulley Acting City Manager Mitchell told Council thishat theucity approves the intergovernmental agreemenBulle nsf romt the county, receives the funds O ° districtlst Craig Ward, Nordic council, Snowmass and the scho 1 said the commissioners have agreed to go ahead with this agreement, and he is presenting to the school di sinte dsa to Snowmass next week. Mitchell said the school dlstrlct budget this on an annual basis. City Attorney Taddune said there have been some changes requested from the county. oaenter into this should be tabled with directions ton to Sf f °nalized. Ward the lease purchase unt11 the agreeme explained the agreement has been changed from, s some ex osureeif with an annual review. Taddune sald there 1 P one of the entities decides not to appropriate funeast a e eary would be responsible for the fund Seer the other entities Councilman Coll ins said, t e should not hbe at risk . assume that risk; the c1 y Councilwoman Fallin moved to table this until June 9ed.1986; seconded by Councilman Isaac. All in favor, motlon carrl ~iC}~J6R-SENSE APPLICATION - Main Street Liquors Councilman Isaac moved to table this until June 9, 1986; seconded by Councilman Collins. All in favor, motion carried. O~DiNA~CE- #-28 - SERIES OF 1986 -Accepting Sawmill Trail Easement 7 Asuorr- City -Council Reaul ar Meet ' n4 - Mav -27 , 1986 Acting City Manager Mitchell said the staff has had extensive negotiations with Al Dietsch to resolve the height of the bridge, the approach, and other items. Mitchell said by second reading the license and easement agreements will be finalized. Councilman Collins moved to read Ordinance #20, Series of 1986; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #20 (Series of 1986) AN ORDINANCE APPROVING A LICENSE AGREEMELICENSE EACROSS R. AND ALFRED R. DIETSCH A PERPETUAL THAT PORTION OF THE MAROLT PROPERT T AGREEMENT BETWEEN AGREEMENT; PROVIDING AND AN EASEMEN ALFRED J. AND GERMAINE R. DIETSCH CONVEYING SUBDIVISION A PUBLIC TRAIL ACROSS LOTS 1 AND 2 SAWM L AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY was read by the city clerk Councilman Isaac moved to adopt Ordinance #20, Series of 1986, on first reading; seconded ny Councilwoman Fallin. Councilman Collins requested to have a map of the license and easement by Councilmembers Fallin, yes; second reading. Roll call vote; Collins, yes; Isaac, yes; Mayor Pro Tem Walls, yes. Motion carried. S$NN'~~~ PAIR G-Mf}--Gt'NERAL SU~gMISSIflN AND- AI,~~flCA-Ti~ON Councilwoman Fallin moved to table this until onncarri d•86~ seconded by Councilman Collins. All in favor, mote GOLF` -CflU-RSE~-RE VEST FOR APPROPRIATION ADJUSTMEi~1T Acting City Manager Mitchell told Council this year's play at the golf course has been expanded due to the early opening and the good weather. This has resulted in additional revenue of $6,350. Staff is requesting to be allowed to appropriate an additional $5 , 000 for the starter and ranger program. Mitchell explained these are temporary personnel hired to make sure players start on time, and there are not unauthorized people on the course, as well as to insure that play on the courshe procramsbeyond reasonable manner. This request is to expand t p g June, July and August. Councilman Isaac moved to approve the additional expenditure of $5,000 for the ranger program and to recognize the 1nddiAllnin revenues of $6,350; seconded by Councilwoman Fall favor, motion carried. 8 -- --Mav _~ 7 : 19 86 A-s~err -Cis council Regular Meeting ~- ~-~ Councilman Isaac asked what is happening to the lodge at the golf course. Mitchell said the lodge itself is closed, but the outdoor grill is operating. Taddune said Red Roof Inns has filed foreclosure against the current owner. There is not a payment due to the city until November. B~~i ItfiE~S`E L-i C`Ei~fiS~-.~B~lEN~3-E REPORT Cindy Shafer, finance director, reminded Council in January they approved the addition of a temporary staff person to assist with the collection of business license revenues. Ms. Shafer said the assumption was that staff person would pay for themselves with the additional collections. Ms. Shafer told Council this program has collected about 520,000 because of the additional staff person. Ms. Shafer told Council she would like to continue the program through September. Ms. Shafer said besides collecting business license revenues, this staff person will assist with the budget and other finance department functions. This temporary position will still pay for itself. Councilman Isaac asked if there are penalties for businesses who do not pay their fees. Ms Shafer said there are no financial penalties. Ms. Shafer told Council the staff is looking at sale tax collection as a separate issue. Councilwoman Fallin said she has been discussing with staff that the city collect their own sales tax and perhaps contract with Pitkin County and Snowmass to collect theirs as well. Councilman Isaac moved to extend the temporary position in the finance department to September 30; seconded by Councilwoman Fallin. All in favor, motion carried. S-M~IC~,-Ei~-~78I~_ HOI~ PARR 5-PA A~N~MENg Steve Burstein, planning office, said the Smuggler Mobile homeowners are requesting to convert the existing leasehold to 87 fee simple lots. The reason for this request is economic consideration. Burstein said the staff feels this is an appropriate use for this land. Burstein said the overall density is above the minimum lot size. Staff and P & Z recommend approval with four conditions; that the amended plat be recorded, that the subdivision agreement be amended, that a housing resale agreement be drafted, and verification of compliance with prior approvals be taken care of. Brooke Peterson, representing the applicants, told Council when the park was purchased in May 19 82 , they received 5 year financing from a lender. This lender would like to be paid off. Peterson said in contacts with local lending institutions, they are willing to look at the financing only if they can have - -- - -- - --- M'ay" ~7 : 1 A~~ue-n - -ems tv--~oun-c~i 1 ---- Re gu 1 a r-- ~e a ~i nzr -_ _ security in individual lots. Peterson said they wPAld P terson have single family lots within the cap sextthe homeowners have said he feels in the past 4 ye demonstrated commitments to improvements ,in tds toe keeppcontrol told Council the homeowners nts°Cwhichnwillemirror the existing of the park through covena , lease. Peterson said the homeowners intend to use the covenants as a mechanism to compel owners to complete theiruncilo he ehas prior to issuance of a deed. Petroblem twith them as long as reviewed the conditions and has no p it is clear that there will be no change in the way to qualify purchasers. Councilwoman Fallin moved to approve the requested SPA precise lan and subdivision agreement amendment subject to the P conditions 1 through 4 outlined ,in the plannSn9 Alllcin mf avor, May 19, 1986; seconded by Councilman Collin motion carried. epHE--S-I-i~PL I~~I eA~if7N ~ON~SULTANT -~NTRA~ Alan Richman, planning director, reminded Council they auttan~z~o staff to go forward with the process to choose the consul do Code simplification. Richman said staff solicited bids; received responses from 18 firms, ,cut that to 10 firms at the staff level. The code simplification task force ane lookedl at attorney then cut that to 6 f i rms. s involved inr the process. experience, quality of the individual Interviews were held in April with Richman, Taddune, Councilwoman Fallin, Nick McGrath and Perry Harvey. Richman told Council the interview group was best to do the determining that Siemon, Larsen and Purdy are the work. This is a law firm with land use and planni d Richmanuto located in Chicago and Sarasota. The group directe do reference checking and to negotiate a contract. Richman said the reference check was very good. Richman told Council he has developed a contract that he feels is adequate to do staff Jdid The original draft of the contract was, n 55 ~ Staf f whash worked the not feel Council would be interest i of work. contract down and stayed within the original scope Richman said the program involved some time for theMocs~s o f athe getting up to speed, which will be at a minimum. money is spent on writing a paper that will identify problems found in the code with alternative solutions and an ce tst that outlined of a new Code. Richman said wRichman nsaid astaff feels outline, drafting is straightforward. this is a good contract and will work and recommended Council 10 R,e_uu 1 ar- -M~e.ti rya- _ - __.. _ - ------ Mav --2 7 . - .1~~8~6 approval. Richman proposed a work session for Council and P & Z with the consultants on June 30th. Counc ilman Isaac asked abut the advantages of havingado as otheo firm. Richman said they did solicit firms in Color Y thought it might make a difference. This did not result in being a top ranked factor. Richman told Council this firm does not bill travel time, it does bill expenses. Councilman Isaac said he felt Colorado firms might be more famil iar ore tem hasisaon statutes. City Attorney Taddune said he did put m P being from Colorado. However, when this consultant was evaluated, everyone agreed the firm had a lot of exper would abe exposure in a lot of parts in the county, which beneficial. Richman pointed out the recommended c letedaat rowth lot of strengths in resorts. They have just comp g management plan and code draft for the Florida Keys. They have experience with historic areas. Richman pointed out the consultants are not charging the city for any orientation time. Councilman Collins asked what the COG draft ref overnments sunder said that is some work ,done by a le ~ 80 s.il COG Gprepared a draf t contract to the city in the e y code which staff spent many hours refining, and thesCode nows available to the consultants to compare what is in t Richman told Council this code some suggestions for change. simplification deals only with the zoning anthe t sk force sections. Councilman Collins said the report of committee seemed to be getting more into subject matter rather than just technical arrangement of the code. Councilman Collins said he has some doubts that a consultant not familiar with the intent of the code could take it and reduce the language. Richman said this is not proposed substantive c code ~easiers to desire to work on the procedure an when the contract first came understand. Taddune told Council , in, a major portion of the work dealt with conducting surveys , establishing policies, and the staff agreed the consultant should look at the code the way it is and find the problems- thef rocess is going to be changed, it will be done at the end of p with the Council. Richman said the intent is to look most eof lthe of the code which cannot be followed. tantivel svery good, and consultants said Asperitsbeofollowed.bsRichman agreed bringing in they all said i t canno an out-of-state consultant to deal with substantive issues will not get the job done. Councilman Isaac asked if the committee though anasa d that consultants doing the same job for the county. Richm is a possibility; however, the county is currently working on the - substance and then will deal with procedures. Mayor Pro Tem 11 --- R~-+au-l~ar-M~e~e~tir~c,~_ _ ___ __ -_ -May-_~~%- ~ g~g-6 A~s-ue~r ~i-t~ Crran~ ' ~ Walls said she is concerned about how to pay for this as this is not budgeted, and there is not enough moneCounc 1 the n ea reend fund. Acting City Manager Mitchell told Y report indicates the cash balances are higher than anticipated, and if Council is interested in this contract, staff would recommend the money be appropriated out of fund balance. Councilwoman Fallin moved to approve the contract between the city and Siemon, Larsen & Purdy; seconded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion carried. Richman requested a work session with Council, P & Z and the consultants Monday, June 30th at 5:00. Richman said the consultants will be talking to local architects and lawyers to find out how they use the document and what problems they have with using the Code, find out what tools are lacking in the code. Cii-A~A~~ -Si~Oi~T -e6i~D4Nti~~M -~A~ - A-~+~Ei~fiHME~~ Steve Burstein, planning office, told Council the Board of Adjustment has given approval for enclosure of decks. Burstein said there are no land use issues associated with this. Burstein recommended approval subject to filing an adequate plat. Erin Hazen, representing the applicant, said these spaces used to be limited common elements; now that they are enclosed the plat has to be amended so these decks are part of the units and no longer 1 im i to d common elements . Councilwoman Fallin moved to approve the requested subdivision exception for the purpose of a condominium plat amendment for the Chateau Snow subject to the condition in the planning off ice memorandum of May 20 , 1986; seconded by Councilman Isaac. All in favor, motion carried. S~B-~}i~fi-iS-~pi~fi--E-~6N - Aspen Mountain Townhomes Steve Burstein, planning office, said this is a request for condominiumization of 3 units in a reconstructed project at 623 S. Monarch. The applicant is also asking for exemption from the 6 month minimum lease restrictions and the first right of refusal. Burstein told Council the 6 month minimum lease restriction is not ,appropriate as this is located in the L-2 zone district . Burstein said the housing office was satisfied that this has not been rented within the employee guidelines prior to reconstruction. Burstein recommended approval with conditions to join the lodge improvement district and exemptions from the 6 month minimum lease and right of first refusal. Barbara Purvis, representing the applicant, said this is located in the L-2 zone, 12 --- - __ _- _ _ _ --~~ --27--- -19$6 Asrne tr--City-Ci r ~ ~-- -- -- --~ ~ ar_ _Me etz-ng ___ which is designed to encourage tourist oriented units, and lease restrictions and right of first refusal are aimed at protecting long term residents. Ms. Purvis requested language be added to condition 2 that the applicant be able to protest the scope of work and reasonableness of the assessments. Council decided everyone has a right to protest a district and requested the standard language. Councilman Isaac moved to grant the requested subdivision exception for the purpose of condominiumization subject to the 4 conditions in the planning office memorandum of May 16, 1986; seconded by Councilwoman Fallin. All in favor, motion carried. Gib--~MEi~D~tEi~ - Carriage H ou s e Steve Burstein, planning office, said this proposal is 23 lodge units with 3 employee on-site units and 3 employee off-site units located at the Ritzbuhel, changed from the Swiss Chalets. Burstein told Council the P & Z accepted the recommended scoring of the planning office. Burstein said the staff recommended the site design scoring be lowered to 1 point because cutting down the spruces was a flaw. The commitments in energy conservation were higher than in the original plan. The recreation facilities were rated higher. Burstein pointed out one condition is that the mature spruce tree on the southeast corner of the property shall not be cut down. P & Z felt it would be a compromise to allow the applicants to cut down the spruce tree on the southwest corner. The planning office is concerned about the loss of this tree, as it is very large. The applicant is required to submit a revised site plan to incorporate the changes. The applicant will have to agree to join the lodge improvement district. The last 2 conditions cover the employee housing. The applicants are requesting exemption of the employee housing from the GMP and approval of the change in use. Burstein recommended the memorandum from the housing office be incorporated into the conditions of approval for the employee housing. The change in use is for the 6 on site residential units to lodge units. Dave Gibson, representing the applicant, said the application is for 23 new units and replacement of 5 units, rather than 6, since the building department questioned the adequacy of one of the units. Gibson showed Council the site plan approved in 1982 with the spruce trees that have been referred to. The present site plan has deciduous trees on the south side of the site. gibson said they would like to remove two large spruces as they block the view and the solar access. Gibson told Council 29 percent of the site is open space. P & Z has approved removal of the spruce on the southeast corner as well as approving the landscape plan. 13 A-s~ue~n - ~ tv---~a-un c-f~ R~rfi~ar~-Meet ins __ .._--- - ^ - ~ ~taY -2 ~ • --1-g Burstein told Council the parks departmentidashe afeels too many cannot be removed. Councilwoman Fallin sa , spruce trees in this area have already been remov deciduous ctrees Isaac agreed the site would be better served by and let the sun light in. Burstein said the reason for the removal of the spruce is the subsurface diningdaCouncil ausing the spruce would reduce the space•rentlmass oflthe building and subsurface space reduces the appa the building is set back from the street 43 feet. Councilman Isaac moved to confirm the GMP allocation for the Carriage House amended project subject to conditions 1 through 6 in the planning office memorandum of May 20, 1986; seconded by Councilman Collins. Judy Royer said the spruce tree creates a privblocksr the sview. and doesn't block the view. Shadow mountain Burstein said this motion would retain o w ma heFa 1 in esaideshe the southeast corner of the lthe southwest corner retained. wants the spruce tree on Councilman Collins said the tree on this corner may not meet the engineering standards of the code for traffic. Councilmembers Isaac and Collins in favor; Councilwoman Fallin and Mayor Pro Tem Wall opposed. Motion NOT carried. Councilman Isaac moved to confirm the GMP allocation i o 2 tae Carriage House amended GMP project subject to conditions b, c, d, e, 4, 5, and 6 and table the decision on the spruce tree on the southwest corner for a recommendation fromo linsngl All lin department to Jun 9; seconded by Councilman C 1 favor, motion carried. Burstein told Council the applicant is requesting a GMP exemption for 3 employee units off-site and 3 employee units on-site and recommended approval subject to the conditions in the Housing off ice memo. Councilman Collins moved to approve the GMP exemption for employee housing subject to the conditions in the Ao lsiin f av ore memorandum; seconded by Councilwoman Fallin. 1 motion carried. Councilman Isaac moved to approve the requested GMP exemption for change in use from 6 on-site residential units ~ tion carriedits; seconded by Councilman Collins. All in favor, R~FE`RRA~--~`R6M ~J-gF$-~--u][~A~f@W _-fi~@g N~`AI1~ ~A~`P~ 14 A-sperr - t`rty Ca~unci~ _ Reuui-ar --M~e~t~,~rng - ---- ____ _ __~~ -~'~--.- -~ 986 Glenn Horn, planning office, told Council the city has of clanddon referral from the forest service abCetwouldr like atos dispose of Shadow mountain. The forest serve these lots under the small tracts act to adjacent property owners. Horn showed Council the tracts under consid licationato the Mollie G, which Lyle Reeder has filed an app purchase. Horn said the Mollie G is a fairly large parcel and can be developed. Horn said the other are smaller fragments, and Hans Gramiger as adjacent property owner has .applihast a r eed ato these parcels. Horn told Council Gramige g exclusions for right-of-way at 7th and Hopkins streets. Horn told Council John Tucker, owner the Sibley lode, hcrass lthe to the forest service to construct an theefore t service sells Mollie G for access to his pro Weill ~letf the property owners work the Mollie G to Reeder, they Horn said these out the agreement about crossing the parcel. parcels have a lot of hazard considerations. Horn ct idbutewould could purchase these parcels unasr forethesesparcels. The city have to demonstrate a public nee could ask for easements for trails on.th couldaannex these prerequisite to the sale~e develoaed, tthey lwould come under the parcels so when they a P city's review. Horn told Council the parcels Gr d Reedero and obtain have no developmen nnedt unit adevelopment aincluding the Tucker have discussed a pla Sibley, the Mollie G and lot 20. Horn pointed out the two options for trail easements, one is on the Midland right-of-way and the other higher up er to seer the Horn told Council the property owners would pref trail along the Midland right-of-way and are willing to give trail easements and everything north of the Midla~n the tcity lto or county as part of the PUD. Thssin ouf orw the wtrail to avoid develop a grade separated Horn told Council he has discussed conflicts with the driveway. the trails with the Nordic council, who said either alternative would work as long as there is no conflict with automobiles. Horn recommended the staff draft a letter fo d for oadsr or signature to identify easements thatransactbonnbetween the forest trail and that this be part of the service and any purchaser. Bill Johnson, forest service, told Council the Mollie G is outside the city limits ascent landowner acquired by the city in the townsite ax lained under the townsite would have first priority. Johnson e p act, a city would have to identify a specific struo urmeet the for the parcel; open space and trails do n requirements under the townsite act. 15 -L`o~xnc-rl- - ----- Requl ar --i~e~ti r~ra-- - ___- _ _ --- --may- ~7 ~ 3__9.8. A-sve-rr --f:i tv Councilman Isaac said he would not like to be in the position of trading easements for development rights and would prefer not to annex these parcels. Horn said if the land were annexed and the property owners did not do a PUD, they could site houses on these lots without going through any review process. The city does not have a 1041 review process for geological hazards. Councilman Isaac said he feels the Midland right-of-way makes more sense for a trail; it is more accessible. Councilwoman Fallin said the higher trail may be too steep for the average skier. Al Blomquist said the snow stays longer on the higher trail than on the Midland. Blomquist said the officers of the Shadow mountain neighborhood are not in town but do have grave concerns about houses being built up on the hill looking down on the neighborhood. Blomquist said the city should buy the Mollie G parcel. Johnson said he could confirm whether or not the city can qualify under the townsite act, but he does not think open space meets the qualifications of the townsite act. Councilman Collins said he would 1 ike more clarif ication on the townsite act as well as more information on the two trail alternatives. Councilman Isaac suggested a site inspection. Horn told Council if the city could purchase this land, federal law requires fair market value at the time of acquisition. Counc it scheduled at site visit for June 2 , 19 86 at 5:00 p. m. Hans Gramiger told Council he has applied for 7 parcels and showed the locations of these. One of these will clear up a title dispute. Gramiger told Council he is relocating his berm on Hopkins street and is willing to give a trail easement on Hopkins street, if he doesn't run into problems with the city. Gramiger pointed out parcel 19 would have an easement to Little Cloud park. Gramiger said he does not believe the city has any interest in the parcels he proposes to acquire. Horn told Council the referral to the forest service should identify the easements the city would like to retain. H~3-If; I~--e'E?I~FF•RE~E~ - ~E~ ~0 _ D~E-~ ~TRF-F~ The request is to close Galena between Hyman and Cooper for two hours June 19th. Acting City Manager Mitchell said the Design Conference will have to pay $25 an hour for the police personnel to keep this area free of cars. Judy Royer said they only want Galena closed to traffic from 10:30 p. m. to midnight. Ms. Royer said this party will follow the closing party at the Design Conference, they would like to have a flatbed truck with a band and have a food table in that area. Mitchell said the band may violate the noise ordinance. Colleen Collins said Andre' s and the Paragon are hosting this party, and closing off the street is to establish some continuity between the two restaurants. 16 A-s-ve-rr-City ~oran-c-rY~ you-~ar~ ~e t~a_-_ _ ---- --Mav -27- r~86 Mayor Pro Tem Walls suggested cordoning off this block and not eliminating all the cars but allowing people to move their cars. Ms. Royer asked about having banners across the mae lmusico could had no objections to the banners. Mitchell said th be non-amplified. Councilman Collins moved to approve banners in the mall; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac moved to cordon off Galena between Hyman and Cooper on May 19 to through traffic and have the Design Conference pay for the traffic control officers; seconded by Councilman Collins. All in favor, motion carried. ~?-DEST^ --FAR ~~ENtPTI~ON~-_F`R81"t PERSONNEL. __R~I~ES Councilwoman Fallin moved to exempt Janet Raczak from the personnel rules and regulations to campaign for an elected position and that it not interfere with her job; seconded by Councilman Isaac. Mayor Pro Tem Walls said the personnel rules require an employee resign or take a leave of absence if running for an elected position as there may be a conflict of interest or use of office time for campaigning. Acting City Manager Mitchell said the personnel rules are in the purview of the city manager's office; however, staff wanted to bring this to Council's attention. Councilman Collins said if the Council has not adopted these rules, it is not in their purview to be making exemptions. Council said Mitchell can make this exemption. Councilwoman Fallin withdrew her motion. E~-E`CT'R i~~~H~R~~NDi~ _AS PRAL~ ~C;t~][~`tR~A~T Jay Hammond, city engineer, requested Council award a contract to Basalt construction for the patching of the trench work in the electric underground project. Hammond told Council staff requested two types of bids; patching every 7 days and every 30 days. Hammond said to patch every 30 days costs less; however, , staff prefers the 7 day patching because the city encourages private contractors to do their patching as often as possible. Basalt construction's 7 day contract was only $3200 more. Councilman Isaac asked if the city did this on a 30 day basis, would the ground have settled better. Hammond said the cable will be buried in said, the trenches will be backf filled with road base and compacted them to requirements. Councilman Collins moved to approve Basalt Construction as the 17 1~-snerr --~itv---Co un ci~i Re~Y~-N~e e t i n+.c~_ __ __ - __ __ _ _ ~Y-- ~- , -Y-g$6 low bid asphalt patching contractor for the city's utility undergrounding project; seconded by Councilman Isaac. Councilman Collins asked the reason for the large discrepancy in bids between Basalt construction and Elam. Hammond told Council Elam indicated that their plant may be moving around this summer and they may have to haul different distances. All in favor, motion carried. R~O-~ES'fi -FOR --FUNDS - Junior Volleyball Club Leon Fell , volleyball coach, said a group formed this volleyball team. This team is ranked number 1 in the Rocky Mountain region. The coaches volunteer there time. The team has raised money for Fell said the team has been invited to travel to tournaments. play in the Junior Olympics in St. Paul, Minnesodedic tion sand this is a great opportunity to repay the team s also for positive advertising for Aspen. Fell requested a contribution from Council toward transportation. has donated housing and meals. Fell told Council the Thrift Shop the bulk of the team's budget. Mayor Pro Tem Walls encouraged the team to apply for budget requests for next year. Mayor Pro Tem Walls said she feels an exception could be made in this case, because the team did not know they were going to be invited to these games . Councilman Collins moved to approve the request for X2280 out of Council's contingency fund; seconded by Councilman Isaac. All in favor, motion carried. Fell introduced the team of Adam Hewey, Mar Tobadoland Bruce Stephens, Clem, Chris Douglas, Craig Helm, Craig Johnson. F~A$IB IL~fi~ --S~U-DY ~-F6R ~ECRE~A~i~I~Y- -eEN~T~ER -AEI? -6U TDOflR -ICS -Ri Acting City Manager Mitchell reminded Counc it they have had a work session with ice rink study committee. The committee presented concepts to deal with an outdoor ice rink. Councilwoman Fa 11 i n moved to suspend the rules and extend the meeting to 9:30; seconded by Councilman Collins. All in favor, motion carried. Mitchell said the committee recommended a study to determine the feasibility of a recreation center at Iselin park. At the last regular meeting Council approved $25,000 for a beenuwtorkin o on this study. Mitchell said Banner/Ernemann has 9 the pool enclosure. Banner/Ernemann presented a proposal to do 18 A~ae-rr ~C t~ Co un c i 1 Re gttl a r ~Me-e t ng - - ~ Mav~ 2 7 ~ 1~9 this study for no more than $10 ,000. Mitchell said both the pool committee and ice rink committee are concerned th~h committees will not answer all the needed questions. Bo recommend to proceed with the more extensive study and only advertise locally in order to speed up the process and not delay any longer. Marty Flug, ice rink committee, said both commiatbesavailabletfor do the process locally, conceptual designs coul mid-summer. Flug told Council this would enable staff and the committees to get the community involved. Flug said there are two basic parts of the proposed study; a conceptual design study with supporting documentation to give an opportunity to see what the capital costs of the project would be. The second aspect is economic models, what it would cost to operate, whetcomm ttees cost to service various levels of debt. Flug said t feel in order for a recreation center to be successful, people have to be attracted to it. Flug said the committees need to know how many people will have to use the facility in order to pay for it, and if it is even feasible. Councilman Collins said the committees already have the demographics regarding the swimming pool and the present ice rink. This information can be expanded tc lmane Co 1 inst saida he needs and what the economies are. Coun feels the staff can come up with the costs for a facility. Councilman Collins said he feels it is premature to spend $25,000 on a study. Councilman Collins said Council has spent many hours on a capital improvement plan, and the first item on that list is covering the pool; this is putting that project on hold. Council was told recently that project would be complete in the next 8 months. Councilman Collins said he feels the city should complete the projects they have established. Flug told Council both the pool and ice rink committee feel this may be a once in a lifetime opportunity to gedoan t have rthe product. Flug said the staff and committee capability to develop the kinds of economic infor~aofo community required to make a decision. Flug said the amoun involvement is not known, especially those summer part time residents. Flug said if this is a visionary project, they feel they will be able to fund raise outside normal government sources and will be attractive to the youth of the community. Councilman Isaac said he would prefer to do the requests for proposals at least state-wide. Councilman Isaac asked if anyone knows if the site that has been identified is available and at a reasonable price. Mitchell told Council the study will determine that. Mayor Pro Tem Walls said Council spent a year studying covering the pool, have considered the cost of that, and spent a 19 Regular Meetin4 - - ~Ma~_2_ Asue-n -~itv Council- -~~- 1 of of money on the pool work . Councilman Isaac said he doe sn' t want to spend any money to study a site that is not for sale. Flug pointed out both the pool committee and ice rink committee would like the opportunity to do a study forlocateb $25 ,, 000 tf or The Council voted at the last meeting to al this study. Councilman Isaac moved to allocate up to $25,000 ilwomanUeFallinr proposals limited to Colorado; seconded by Coun Councilmembers Fallin and Isaac in favor; Councilman Collins and Mayor Pro Tem Walls opposed. Motion NOT carried. Councilman Isaac requested staff call the owner of the property to find out if the land is available. E`A-S-EMi~N~- A~Q~~ITIOi~-~I~OLY CROSH- ELECTRIC Acting City Manager Mitchell said staff is recomm mer sg f or Holy pay for easements that are required for trans Cross undergrounding project. Councilman Coll ins moved to direct staff to proceed with the acquisition of necessary transformer and power line easements in the west end territory of Holy Cross Electric Association; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin moved to adopt Resolution #15, Series of 1986, authorizing the Mayor to sign the undergrounding easements; seconded by Councilman Collins. All in favor, motion carried. Councilman Collins moved to approve the consent agenda; license by Councilman Isaac. The consent agenda is liquor renewals - Aspen Meadows; Continental; Aspen General Store; special event permit -Aspen Council for the Arts. All in favor, motion carried. A~-PEI~ -MOD~3TAIN ~ANDS~ I-DE REP6RT Councilman Isaac moved to continue this item to, Monday June 2 at 4:30; seconded by Councilwoman Fallin. All in favor, motion carried. Council left the meeting at 9:40 p.m. Kathryn S. och, City Clerk 20