HomeMy WebLinkAboutminutes.council.19860728Regular Meeting Aspen Citv _Council Julv 28, 1986
Mayor Stirling called the meeting to order at 5:05 p.m. with
Councilmembers Isaac, Collins, Walls and Fallin present.
OUTSTANDING EMPLOYEE BONUS AWARDS
Acting City Manager Mitchell presented the f first award to Ed
Stegall, police department, for a commitment to excellence.
Stegall has taken on additional assignments and has made numerous
contributions to the police department operation. Mayor Stirling
presented Stegall a check and an outstanding employee
certificate .
Mitchell presented the second award to ~im Jones, parks
department, who has shown a real talent in working in the mall
and reconstructing the mall bricks. Mitchell told Council Jones
has saved the city $8,000 in the mall over the 1 ast couple of
years. Mayor Stirling presented Jones a check and an outstanding
employee certificate.
Mitchell presented the third award to Ann Ballard, water
department, who worked hard to get the new water ordinance
implemented and setting up detailed water accounts. Ms. Ballard
has set up procedures between the water and building department.
Mayor Stirling presented a check and an outstanding employee
certificate.
Mitchell presented the fourth award to Rocky Whitford, police
department, who has made recommendations relating to traffic
control, which has improved that area. Whitford initiated the
parking permit ordinance, recommended the new truck loading
zones, and the simplified tickets for more efficiency. Mayor
Stirling presented Whitf ord a check and an outstanding employee
certificate.
Mitchell presented the final award to Kathleen Strickland, city
manager's office, who is dependable and reliable and has shown
extra efforts. Ms. Strickland has a good working relationship
and helped in the analysis of Municipal Court operation, and
computer programs. Mayor Stirling presented Ms. Strickland a
check and an outstanding employee certificate.
Acting City Manager Mitchell introduced Tim Vanatta, the new
Leisure Services Director, who started work today.
CITIZENS COMMENTS
1. Dick Butera, Aspen Club, requested a resolution from Council
supporting the Aspen Tennis Festival. Butera said this event was
held in Aspen f or two years and was a large success. Butera
reminded Council the second year this was run for two hours on
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Regular Meeting Aspen City Council July 28. 1986
television. Lake Tahoe outbid Aspen f or the tennis f e st ival .
Butera told Council he went to Tahoe and talked to the Cerebral
Palsy representatives about bringing the tennis tournament back
to Aspen, and they are interested in returning to Aspen. Butera
said he will try to raise the money and in-kind services to bring
this back to Aspen. Butera would like a resolution stating the
city government would like to see the tennis tournament return.
Butera told Council there would be a more fair split between
local charities and Cerebral Palsy.
Councilman Isaac moved to have staff prepare a resolution for the
next Council meeting; seconded by Councilman Collins. All in
favor, motion carried.
2. Dick Butera told Council that Martina Navratiltova has
bought a house here and asked if there is anything the city would
do for her return to Aspen. Councilwoman Walls said
traditionally Aspenites c~or_'t pay attention to celebrities, which
is why they like to come here. Mayor Stirling agreed celebrities
can be ordinary citizens in Aspen.
3. Jon Seigle told Council the Preserve subdivision is ready to
f ile their plat. The Preserve entered into a water agreement ,
which has to be passed by ordinance. The Preserve is required to
pay $50,000. Seigle requested Council authorize the city
attorney, upon receipt of the payment, to let the county file the
plat. City Attorney Taddune told Council this agreement has been
negotiated with the Preserve, and presented an ordinance for
first reading. Taddune said this action is to enable The
Preserve to take advantage of extra building season. Taddune
told Council the payment is an irrevocable offer on the part of
the Preserve for the city to execute the agreement. This will
give the developer the ability to file the plat. Seigle told
Council the applicant is willing to take all the risks. The
county is saying if the applicant pays the city, they will be
allowed to file their plat.
Councilwoman Fallin moved to waive the rules and add this as (r)
as a first reading; seconded by Councilman Isaac. All in favor,
with the exception of Councilmembers Collins and Walls. Motion
carried.
4. Jon Busch told Council there is a life threatening condition
existing in the city. The problem has been caused by increased
residential density in Smuggler mountain. Gibson avenue is a
major pedestrian corridor, with no shoulders in places and a
blind curve. The problem is that there is no light in the area
at all. Busch told Council he spoke with the firm who has done
the city's downtown lighting plan, who did a cost projection to
extend the lighting plan up Gibson avenue. This will cost
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Regular Meeting Aspen Citv Council _ Ju~.v 28, 1986
$32,000 including engineering fees. Busch said there are a
number of reasons it would be to the city's advantage to do this
work now. Busch told Council the Commissioners have agreed to
fund half of the cost of this project up to $16,000 provided the
city would take the lighting system on as part of the city's
system.
Mayor Stirling moved to refer this to staff and bring back to the
August 11 meeting; seconded by COt~nG]lwaman Fallin.
Councilman Isaac said he would also like a report on the paving
program in this area. Jay Hammond, city engineer, said staff is
having Elam work on a proposal for this area.
All in favor, motion carried.
Mayor Stirling said he would like to discuss the possibility of
moving Mayor and Council comments from the end of the agenda to
just of ter Citizens Comments.
ORDINANCE #23 , SERIES OF 1986 - Electric Rate Increase
Mayor Stirling opened the public hearing. Councilwoman Fallin
moved to table this to August 11, 1986; seconded by Councilman
Isaac. Acting City Manager Mitchell said Council brought up a
number of issues at first reading, and staff has not had time to
address all of them. All in favor, motion carried.
ORDINANCE #24, SERIES OF 1986 - Re-establishing CCLC
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilman Isaac moved to adopt Ordinance #24, Series of 1986, on
second reading; seconded by Councilwoman Fallin.
Mayor Stirling asked if Council is adhering to the section where
it outlines the grou~js t~aat members should come from, like ARA
and lodging community. Mitchell said the applicants and members
are merchants and members of the ARA, and are kr_owleageable
citizens. City Attorney Taddune told Council CCLC members may
live outside the city as this is an advisory board. Councilman
Collins asked if the CCLC has indicated an interest to continue.
Jon Busch said they are very interested and have lots of projects
going on. Mayor Stirling said this is a hard working Board and
have been helpf ul in the downtown projects.
Roll call vote; Councilmembers Walls, yes; Collins, yes; Isaac,
yes; Fallin, yes; Mayor Stirling, yes. Motion carried.
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Regular Meeting Aspen Citv Council Ju~Y 28, 1986
ORDINANCE #25. SERIES OF 1986 - Holy Cross Easement - Koch
Mayor Stirling opened the public hearing. City Attorney Taddune
told Council he has been negotiating concepts to be included in
the easement agreement. The city is requesting Holy Cross agree
to a vacation of right of overhead facilities on all 3
properties. The second is that Holy Cross agree to indemnify and
hold harmless the city regarding its operations to be installed
on the easements. The third condition is a relocation provision
in the event there is some conflict with city utilities and there
is no reasonable and economically practical alternative, Holy
Cross would relocate its facilities at its own expense. If there
is a reasonable alternative, the city would pay for the
relocation. Taddune pointed out Holy Cross has a franchise with
the city to utilize the city's rights-of-way, and if there is
conflict with city utilities, Holy Cross will relocate them.
However, Holy Cross has said they do not want to invest time and
money, if they are going to be subject to the whims of the city
regarding relocation.
Jon Busch, Williams addition, told Council they have been
negotiating with Holy Cross about the one overhead line in this
area. Busch said he would like Council to encourage Holy Cross
to work on undergrounding t his o ne line. Holy Cross said he
would prefer not to have this tabled as the contractor is almost
to this location. Taddune said he has conceptual agreement on
these changes from Holy Cross and has tried to protect the city's
position.
Councilwoman Walls moved to adopt Ordinance #25, Series of 1986,
on second reading with the easement amended and subject to city
attorney's approval; seconded by Councilwoman Fallin. Roll call
vote; Councilmembers Fallin, yes; Isaac, yes; Walls, yes;
Collins, yes; Mayor Stirling, yes. Motion carried.
ORDINANCE #26, SERIES OF 1986 - Holy Cross Easement - Thomas
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilman Collins moved to adopt Ordinance #26, Series of 1986
on second reading with the easement amended and subject to city
attorney' s approval ; seconded by Councilman Isaac. Roll call
vote; Councilmembers Collins, yes; Isaac, yes; 4~alls, y es;
Fallin, yes; Mayor Stirling, yes. Motion carried.
ORDINANCE #27. SERIES OF 1986 - Holy Cross Easement - Marolt
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
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ReQUlar Meeting Aspen Citv Council July 28, 1986
Councilman Collins moved to adopt Ordinance #27, Series of 1986
on second reading with the easement amended and subject to city
attorney's approval; seconded by Councilman Isaac. Roll call
vote; Councilmembers Fallin, yes; Isaac, yes; Collins, yes;
Walls, yes; Mayor Stirling, yes. Motion carried.
W ILL IAMS ADDITION ANNEXATION
Mayor Stirling said this is a public hearing to see if there is
sufficient evidence to warrant annexation into the city and
whether an election will be required. City Attorney Taddune said
Council has to determine that not less than 1/6 of the perimeter
of the area is contiguous with the municipality; this has been
determined by staff. Council has to make a finding that a
community of interest exists between the city and the area to be
annexed. This annexation has been noticed for a public hearing.
If at the end of the hearing, Council finds this area suitable to
be annexed, staff will prepare an annexation Resolution f or the
next meeting.
Mayor Stirling opened the public hearing.
Tony Rutgers, 512 Spruce street, presented photographs of the
area to be annexed showing it to be part of the city of Aspen.
Rutgers said he feels this area is urban as it can possibly get.
Rutgers told Council he circulated annexation petitions. Diane
Rutgers, 512 Spruce street, told Council the land owners in
will iams addition have 1 ived there a long time and would 1 ike to
be part of the city. This area is surrounded by the city. The
residents would like to be able to vote in city elections.
Jon Busch, 548 Race street, told Council Williams addition is a
very old subdivision, indicated on early Aspen area maps. It is
subdivided in city lots. Busch told Council he supports
annexation and feel the owners of a majority of the subdivision
are in favor of annexation. Mitchell told Council the petitions
were circulated by residents of Williams addition and were signed
by more than 50 percent of the landowners.
Mayor Stirling asked staff for an update on the Environmental
Protection Agency and the relationship to the emergency site.
Tom Dunlop, environmental health department, said the
Environmental Protection Agency has designated 75 acres in the
Smuggler mountain area as a hazardous waste site under the super
fund regulations. Dunlop said this is a result of mining
activity of over 100 years ago. Dunlop told Council the federal
government has been involved in this for about 2 years. The
williams addition is located within the 75 acre site. Dunlop
said the liabilities that go along with the designation of a
hazardous waste site can be fairly intense financially. The
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Regular Meeting Aspen City Council July 28. 1986
remedy being discussed currently is $800,000 to $1,000,000 which
will have to be paid by local people. Dunlop said the EPA is
coming up with a financially responsible party list; Pitkin
county is one of them. The intent of the EPA is not to designate
specific property owners to be responsible but is looking at
corporations or governments or ownerships of common or public
property.
Dunlop told Council they are meeting weekly with potential
responsible parties that have been designated and the E PA.
Dunlop said they are close to an agreement on who will take care
of the clean. Dunlop said there is a 1 arge discrepancy between
the value the EPA placed on the clean up and the value the
potentially responsible party placed on it. If a settlement can
be reached in August, the corrective work can be complete by the
end of the summer. Dunlop said if an agreement cannot be signed,
and the federal government assumes responsibility for the site,
no work will get done this summer and litigation will commence.
There is no money in the super fund. Dunlop said many man hours
have been spent on this to protect the local people doing the
work at a much reduced cost.
Dunlop pointed out there are two streets not paved in the
Williams addition, and the EPA wants the county to commit to put
in a foot of road base and a 3 inch mat of asphalt. Dunlop
recommended doing all the preliminary work to annex the Williams
addition but not annex it until the hazardous waste problem is
solved. Taddune cautioned against annexation given the potential
liability to the city. Angie Griffith, 530 Walnut street, told
Council she has lived in Williams addition for 60 years and
cannot remember any mine tailing in that area. Busch told
Council CSU did soil and produce testing in the area, and it was
determined the soil was within federal standards.
Elyse Elliott, engineering department, told Council the city
spends $26 , 000 per mil a per year to maintain the roads. The
Williams addition has 1/2 mile of road. If the city wants to
paving, it would cost $8 to $10,000, curb and gutter would be
more. Mitchell told Council annexatior_ of this area would not
require ar immediate change in the city's level of service.
Taddune told Council the property owners have agreed to dedicate
to the city any water rights. Taddune asked if any analysis have
to been to see if the wells are contaminated. Dunlop said one
well was slightly contaminated; however, when it was tested again
it met the standards.
Mayor Stirling moved to instruct staff to being a resolution
favoring the Williams addition annexation and an ordinance on or
before August 25 depending on the EPA agreement; seconded by
Councilman Collins.
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Regular Meetincr Aspen City Council July 28. 1986
Mayor Stirling said it clear the annexation criteria has been met
and the urban area has been proved. Taddune entered the
annexation petition into the record.
All in favor, motion carried.
LIQUOR LICENSE TRANSFER OF LOCATION - Great Western Spirit
Company
Great Western Spirit Company is requesting to move their location
from 300 Puppy Smith Street to 435 East Main. Jon Seigle,
representing the applicant, told Council they have a letter of
intent but have not yet executed a lease. Seigle told Council
there is a question as to whether the applicant can stay in their
present location, and they are requesting to move their liquor
license. City Attorney Taddune told Council the applicant must
show proof of possession of the new premises. Taddune told
Council the current premises are subject to court proceedings.
Seigle told Council the applicant proved the needs of the
ne ighborriood when they got thei r 1 icense in 1977 . They are
moving two blocks and feel it is the same neighborhood. There
are letters in the file from adjoining businesses supporting the
transfer of location. Nick McGrath, representing Trueman Aspen
corporation and Bob Grueter, told Council they are not opposing
this transfer. McGrath told Council Grueter filed a liquor
license application for the premises in 1984. McGrath told
Council his client cannot operate in these premises until Great
Western leaves, and they are in the premises by a stay order.
McGrath said Great Western can have the assurance of a transfer
of location from Council. McGrath asked that if Council approve
the transf er of location, it be within a certain time period so
that his client may occupy the premises.
Richie Cohen told Council he is concerned about a liquor license
1 ocate d next to a ga s station and across from the courthouse.
Cohen said he does not feel this is an appropriate location for a
liquor store. Alan Richman, planning office, told Council this
is a permitted use in the CC zone.
Mayor Stirling closed the public hearing.
City Attorney Taddune told Council he does not find a time limit
to effect a transfer of location; however, transfer of location
presumes there will be a transfer of location. are applicant
cannot be operating in two locations. Councilman Collins asked
if there is a time to complete the transfer. Taddune said he
would have to research this. Councilwoman Walls said she would
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Regular Meeting - Aspen Citv Council __ Judy 28, 1986
like to have a signed lease in the file before the transfer is
approved.
Councilwoman Fallin to continue the hearing of the transfer to
August 11, 1986; seconded by Councilwoman Walls.
Taddune told Council the change in location becomes effective as
soon as the Department of Revenue issues the permit. Taddune
told Council a 1 icensee can enjoy a license with no place to
operate from. If the applicant no longer has a place to operate
from, they cannot exercise their rights under the license.
All in favor, with the exception of Councilman Isaac and Mayor
Stirling. Motion carried.
LIQUOR LICENSE APPLICATION - Maestro's
Councilwoman Fallin stepped down due to a conflict of interest.
Mayor Stirling opened the public hearir_a. City Clerk Koch
reported the file, posting and publication to be in order. Chris
DiPietro, applicant, told Council he will be serving cosmopolitan
foods at a fair price range. DiPietro told Council he will be
open 12 months a year for lunch and dinner. The restaurant will
have a high tech look with an open kitchen.
Mayor Stirling asked for opponents to the liquor. There were
none. Mayor Stirling closed the public hearing.
Councilman Isaac moved that based on the evidence presented at
the public hearing of July 28, 1986, related to the application
of Maestro's Corporation for a three-way liquor license, the
liquor license authority finds the needs of the community have
not been met, and the 1 i cense as applied for i s hereby granted;
seconded by Councilman Coll ins. All in favor, motion carried.
ORDINANCE #28, SERIES OF 1986 -Dwelling Units in Cc Zone
Councilwoman Walls moved to read Ordinance #28, Series of 1986;
seconded by Mayor Stirling. All in favor, motion carried.
ORDINANCE #28
(Series of 1986)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE USE
TABLES TO ALLOW NON-ACCESSORY DWELLING UNITS AS A
CONDITIONAL USE FOR DESIGNATED HISTORIC STRUCTURES IN
THE COMMERCIAL CORE ZONE DISTRICT was read by the city
clerk
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Regular Meeting Aspen City, Council July 28. 1986
Councilwoman Fallin moved to adopt Ordinance #28, series of 1986,
on first reading; seconded by Councilwoman Walls.
Steve Burstein, planning office, told Council this will allow
dwelling units as a conditional use on the upper stories in
historically designated structures. Both staff and P & Z
recommend approval of this code amendment. Andy Hecht told
Council second floor is not very desirable for commercial space,
and dwelling units are a better use for the property. Councilman
Isaac said he has a problem with the parking in the downtown,
this may add to the situation and make it worse. Burstein told
Council the P & Z and staff are also concerned and will try to
address it with a cash-in-lieu option to contribute to a parking
solution. Alan Richman, planning director, said when the
transportation element is complete, there will be recommendations
for parking requirements in the downtown area. Richman said this
was initiate d by a private individual, and staff did not f eEl
adding one more conditional use is not a substantial layer.
Mayor Stirling asked if this code amendment would compromise the
historic preservation plan element. Burstein said this is in
support of historic preservation and is an incentive.
Roll call vote; Councilmembers Isaac, no; Fallin, yes; Walls,
yes; Collins, yes; Mayor Stirling, yes. Motion carried.
ORDINANCE #29, SERIES OF 1986 - Pools in Open Space
Councilwoman Walls moved to read Ordinance #29, Series of 1986;
seconded by Councilwoman Fallin. Motion carried.
ORDINANCE #29
(Series of 1986)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION
2 4-3.7 (d ) TO ALLOW POOL S AND OTHER RECREATION AREAS IN
OPEN SPACE IN LODGE ZONE DISTRICTS was read by the city
clerk
Councilwoman Walls moved to adopt Ordinance #29, Series of 1986,
on first reading; seconded by Mayor Stirling.
Alan Richman, planning director, told Council this is the last
code amendment they will see until the code stream lining is
complete. Richman told Council this was in the process bef ore
the code consultants were hired. Richman said this code
amendment is in response to several concerns from the public.
Richman told Counci] poa]. s are specifically excluded f rom the
definition of open space. Richman said this is similar to review
of dining areas in open space. Richman told Council P & Z always
finds that dining areas are consistent with and enhance open
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Regular Meeting Ashen Citv Council J~28, 1986
space. Richman said staff and P & Z feel pools would be
consistent with the purposes of open space. Richman recommended
not creating another review procedure in the code, but to set
standards allowing pools in open space in the lodging zone
districts.
Richman said there is a requirement that the pool or other
recreation area shall constitute not more than 20 percent of the
total open space, to insure a certain amount of a site would be
maintained for circulation and green space. Councilman Collins
asked how open space is defined. Richman told Council the
definitions of open space in the code are not being changed.
Councilman Coll ins said he thought the concept of open space was
to be accessible to public. Richman said one purpose of open
space is to provide relief from building mass. Richman told
Council the code is s~aeca_fic in allowing fences in open space to
prevent the public from accessing. The real purpose of open
space is usability for the owner of the property, not necessary
the public .
Councilman Collins said putting pools in open space is losing the
concept of open space. Richman said the code requires that half
of the frontage on the street has to be open space. If the open
space is on the back of the property, it must be continuous with
the rest of the open space. Richman said the definition of open
space will be examined during code simplification. Councilman
Isaac requested a change from "The pool ~r other recreation area"
be changed to The pool and other recreation area".
Councilman Isaac moved to amend Section 2 (9) (a) to read pool and
other recreation area, and to adopt Ordinance #29, Series of
1986, on first reading; seconded by Councilman Collins. Roll
call vote; Councilmembers Collins, yes; Walls, yes; Fallin, yes;
Isaac, yes; Mayor Stirling, yes. Motion carried.
601 ASPEN STREET GMP APPEAT
Mayor Stirling explained the Council is the role for hearing
appeals to P & Z's scoring of GMP projects. The Code allows
challenges for denial of due process of law or abuse of
discretion by the Commission in scoring. The Council has
received a challenge to the Commission's scoring of 601 Aspen
Street project on the basis of abuse of discretion. Doug Allen,
representing the applicant, submitted a letter detailing the
issues. Mayor Stirling said Council should determine if there is
sufficient evidence to change the scoring or remand any scoring
back to P & Z.
Hans Gramiger said it is hard for Council to be fair after
hearing all that has happened to the applicant over the years.
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Regular Meeting Aspen CitX Council July 28, 1986
Gramiger suggested Council schedule a 2 hour study session either
alone or with the P & Z to discuss this project. Alan Richman,
planning director, told Council this project was scored by the P
& Z in June at 29.,7 points below the 31.8 threshold required to
receive a GMP allotment from Council. The staff did receive an
appeal from the applicant within the required time period.
Richman told Council the staff attended the hearing, reviewed the
scoring of the Commission, and does not believe the F & Z abused
its discretion or violated its authority in the hearing.
Richman pointed out the Council has delegated to the P & Z all
responsibility in the area of scoring,a nd their review is quite
comprehensive. The Council only allots units. The P & Z does
the analysis of a proper score for an application. Richman said
P "& Z had a public hearing, which provides additional
information beyond that available to staff. The public hearing
on 601 Aspen Street had many neighbors commenting on some of the
more subjective areas of the GMP process, like site design,
neighborhood compatibility. The facts presented by the public
were very informative to P & Z and to staff, and did change
staff's thinking about their recommended scoring. Richman said
the appeal i s a point by point evaluation of the scoring done by
the Commission.
Rich man said this should take a look at the scores granted by
the Commission members to see if there are individual members
clearly aberrant in scoring. Richman told Council he looked at
the scores and determined there was consistency in scoring. The
member s made similar f findings based on the facts presented by
staff, the applicant, and the public. The Commission reviewe d
the case and scored the applicant appropriately. Richman pointed
out different members of the P & Z will view the case
differently. Richman said looking at the overall scoring, there
is no one member or entire Commission ignoring the
recommendations of staff or comments of the applicant and the
public. Richman said he feels this is a very reasonable score
and not one to challenge right or wrong, particularly in green
space, site design, neighborhood compatibility, parking, fire
protection. Richman told Council the Commission did not abuse
its discretion but followed the discretion available to it under
the code except in the area of employee housing. Richman told
Council employee housing is scored by formula, which is specific
in. the Code, reviewed by the housing authority and concurrence
from P & Z. Richman told Council one member of the Commission
f el t differently about the application and that the number of
units proposed was not what was represented by the applicant.
Richman said this score is an error and should be corrected, and
recommended Council alter the score in employee housing from 7.22
points to 13 points. Richman said that action will not bring the
application over the threshold. Richman said Council can
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Regular Meeting Aspen Citv Council July 28, 1986
consider altering the scores in other areas if they wish.
Richman said another option, if Council feels there are scoring
errors, is to remand the application to P & Z. Richman told
Council P & Z has knowledge of the process and specifics of this
application. Richman recommended Council change the one score in
employee housing, and to deny the 601 Aspen street application.
Mayor Stirling asked in employee housing scoring so objective
that it is a given that every score should be a 13. Richman said
it should be. Richman said the individual who score that
category differently developed a formula based on the fact that
based on the 92 rooms which the applicant was proposing, there
was a potential for those rooms to broken off into multiple units
and therefore the employee housing proposed was not adequate and
the score should be less. Richman told Council there is not
basis for that recommendation. Councilman Isaac said without
that .Commission member present to justify the reason, the Council
cannot make that determination.
Doug Allen entered into the record the individual scores from P &
Z, as well as the planning off ice scoring, which does meet the
threshold. Allen told Council they feel there was obvious
prejudice at the P & Z meeting and requested the tapes be entered
into the record. Allen told Council two members of the P & Z are
creditors of the Cantrup bankruptcy estate and have not been paid
by the estate, and they have an interest adverse to the
applicant. Allen told Council these two members gave two of the
lowest scores.
Allen said he will go through the scoring errors for Council.
Allen told Council he agrees that site and neighborhood
compatibility are subjective and will not discuss those. In the
public facilities are storm drainage, fire protection, parking
and roads and the scores in these categories are clearly in
error. The scores for energy and trails are also in error.
Allen presented a chart of the scoring. Allen said in the
category of storm drainage, he feels the applicant was unfairly
down graded. This category carries a maximum of 2 points and the
criteria are consideration of capacity of the drainage facilities
to dispose of the surface runoff of the proposed development
without system extension beyond those normally installed by the
developer. Allen said the evidence for storm drainage was
uncontroverted, that the applicant was committing to install dry
wells and retention on the site. Curb and gutter on portions of
the property are to be installed and tie in to existing catch
basins. Allen said the engineering department stated these
measures would help the drainage in the neighborhood, not just
for the benefit of the project. Allen pointed out since this
appeal was f filed, the bodge at Aspen was rated by the same
Commission and was rated the maximum points with virtually the
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Regular Meeting - Aspen City Council July_ 28, 1986
same type of storm drainage plan. Allen said this illustrates
this applicant was the subject of abuse of discretion by P & Z.
This applicant submitted virtually the same type of storm
drainage for a different project, the name Cantrup was associated
with it and was scored down.
In the category of fire protection, the criteria are very clear
if the existing system can provide fire protection to the project
you get a certain number of points. If an applicant improves the
fire protection, they are entitled to maximum points. Allen said
this is an are where this application should be granted an
additional 1.5 points. This is detailed in the letter of appeal.
Allen told Council the Lodge at Aspen committed to install a fire
hydrant; this applicant committed to install 2 fire hydrants and
were not given proper credit for this. Allen pointed out there
were public comments at the P & Z where a person appeared and
implied he was speaking on behalf of the fire district. This
person is related to an adjacent property owner, who is opposed
to the project. Allen clarified the position of the fire
department, which is that they can provide full protection to
this project without any additional service. Allen said this
applicant should receive the maximum number of points.
Allen said in parking design the requirements according to the
code are 112 parking space. The project is further encumbered by
covenants to provide 30 parking spaces for the Aspen Skiing
Company for a total of 142 parking spaces. Allen pointed out
this project provides 152 underground and 20 surface parking
spaces, exceeding what is required by code. Allen told Council
the only criticism from staff is that the brick paved entry court
is a large continuous area. Allen pointed out this area is
brick, not asphalt, to provide an entrance to the garage. The
criteria of the code gives an applicant credit for paved surface
rather than an unpaved surf ace par king 1 of . Allen submitted the
applicant should be entitled to 1.25 more points in that
category.
Allen said in the road category the criteria is very clear. The
engineering department stated the streets are adequate to handle
th a increase. The RFTA has said there is no resulting service
impacts. Allen told Council at the public hearing comments were
made about increased traffic in the area. The applicant has
submitted and agreed to make improvements to the streets in the
area to upgrade the circulation, and they should be entitled to
1.67 increase in points.
Allen said the second major category is quality of design. In
the energy category, 3 points are given for excellent design.
The Roaring Fork Energy Center noted that this is an excellent
commitment, and there was no evidence presented to the contrary.
13
R~aular--Meeting -- Aspen Citv Council Ju~y28, 1986
Allen entered into the record the P & Z scoring of the Lodge at
Aspen. Allen told Council this applicant's energy commitment is
better than the Lodge at Aspen, the Lodge at Aspen scored the
maximum points and this applicant should be entitled to the
maximum points in this category.
In the trails category, there were comments from Blomquist which
were favorable as well as a letter from the Nordic council saying
the trail fits well in the trail corridor along the base of Aspen
mountain. Allen told Council walkways will be provided along
Aspen street for pedestrian convenience. Allen said the trails
category should rate the maximum of 3 points; at 2 points, it
will increase the points by .34. Allen told Council after the
adjustment for the incorrect scoring of one member in the
employee housing category, the applicant only needs 1.13 points
to pass the threshold and receive an allotment for this project.
Allen has detailed items that would lead to an increase of 7 or 8
points. Allen pointed out if Council compares the chart to see
what was done for the Lodge at Aspen, it is clear P & Z did abuse
their discretion and judged the applicant and not the project.
Allen said this is a major project of 92 units; it is subject to
the zoning code of the city; it is subject to the requirements of
a joint venture partner, as well as requirements of a lender and
operator of the hotel. Allen said this project will be done in a
first class manner. Allen said the Commission was prejudiced and
down scored the applicant.
Mayor Stirling said he assumes every member of Council and
Commission is always fair but may not always agree. Mayor
Stirling said another issue is whether Council supports the
efforts of the P & Z to do the work they are charged to do. From
the evidence presented tonight, does Council feel there has been
an abuse of discretion. Mayor Stirling said he does not feel it
is th e role of Council to score, which would be inappropriate.
Mayor Stirling said Council should decide whether to remand
rather than restore. City Attorney Taddune quoted from the Code
that the Council review is limited to whether there was a denial
of due process or abuse of discretion by the Commission in the
scoring. Subsequent to the conclusion of protest hearings,
during which the Council may change the number of points awarded,
the Council shall by resolution prior to March lst allocate
development allotments among eligible applicants in the order of
priority. Taddune told Council there is no specific direction in
the Code to remand but it may be within the intent of any appeal
that the scoring be remanded to the body that did the scoring.
Mayor Stirling said an issue is whether it is relevant to compare
other projects and the way that ~=roj ect was scored. Mayor
Stirling said he feels this is irrelevant because there are
different sites, different designs and different auras created by
14
Regular Meeting- - Aspen City Council Judy 28, 1986
applications. Mayor Stirling said he supports the. charge given
to P & Z and the work they have done on this project. Mayor
Stirling said he would like to remand two sections of the scoring
back to P & Z; employee housing and fire protection. Richman
told Council there is a letter from the f ire department dated
March 28, provided to P & Z. Richman told Council Jim Wilson is
the official referral agent for fire protection, which the fire
department asked of the fire marshal as they did not feel they
had the technical capabilities. Richman told Council the fire
marshal made numerous comments about this project, which give
rise to the score of the P & Z. Richman told Council he does not
feel the score of P & Z was based solely on comments at the
public hearing. Richman said he f eels P & Z made an objective
and fair caetermination in the area of fire protection and would
support this score.
Mayor Stirling moved to remand the employee housing category to
the Planning and Zoning Commission for rescoring and find the
balance of 601 Aspen street project to have been scored fairly
and there has been no abuse of process. Motion DIES for lack of
a second.
Councilman Isaac said Allen has brought a charge against some
members of the Commission that they have a conflict of interest.
Councilman Isaac said he feels the Commission has done their best
in scoring the project, but questioned whether the members with a
conflict should have stepped down. Taddune asked whether Allen
was aware of the conflict at the time of the hearing. Allen said
he was not aware of this. Taddune asked if Allen has made a
challenge in writing. Allen said he has not done so but will do
so as part of this appeal. Taddune suggested it is appropriate
to articulate in writing how this may have affected the judgement
of the P & Z members. Councilman Isaac said he feels it is not
Council's place to challenge the scoring of the P & Z. Council
does not have all the information the Commission had. Councilman
Isaac said he would prefer to leave the score as is. Taddune
said the questior_ of conflict of interest should be
substantiated, and if it is part of this appeal should be
considered more formally than a statement by the applicant's
attorney. Taddune said if this statement cannot be substantiated
it should be withdrawn. Councilwoman Fallin told Council, as a
former member of P & Z, every time scoring for the applicant came
before P & Z, those two members declared their conflict of
interest and this has been public record for a number of years.
Taddune said he is surprised the applicant is not aware of the
conflict because the creditors have been listed in the public
record. Taddune said one would presume the applicant had this
information available as it was incumbent upon them to list the
creditors at the time of the bankruptcy proceedings.
15
Regu-iar-Me-etina - - - - Ashen City Council July 28, 1986
Councilman Isaac moved to accept the scoring as presented to
Council by P & Z; seconded by Councilwoman Fallin.
Councilman Collins said there seems to be some anomalies in the
scoring process that stand out. Councilwoman Walls said Council
does not have any of the type of inf ormation that P & Z had to
make their decision. Councilwoman Walls said she would not like
to second guess the Commission. Councilman Collins said some of
the categories, like fire protection, water and sewer, are almost
givens and the basics are there. Richman said the basics are not
there, and it is not valid to compare one application to another.
Richman told Council there are different size and locations of
applications. Richman said this is a very substantial
application in an undeveloped area of the community, which needs
substantial upgrades if it is to have development on it. Richman
said P & Z found substantial impacts that were not mitigated.
Councilman Collins said the applicant is providing more parking
that required, yet the score is down. TaGdune said Council can
review the record of the P & Z to determine whether or not there
has been abuse of discretion based on information presented in
th a course of the public hearing. Taddune suggested reviewing
the record bef ore making a decision. Allen agreed to wait until
Council has reviewed the record. Under the code, Council is
charged with the responsibility of reviewing the record. Richman
pointed out the code the Council reviews the report of the
Commission.
All in favor, with the exception of Councilman Collins and Mayor
Stirling. Motion carried.
REQUEST Ta-USE--CITY PROPERTY - Biodome Proposal
Patty Carlson toles Council she has several written endorsements
for a Biodome project on the site from social service, extension
service, senior citizens, schools, police department, head of the
community gardens. Ms. Carl son said she has a volunteer to do
the backhoe work, local restaurants will purchase the food to
support this project. Ms. Carlson reminded Council she has
approval from P & Z with conditions to be entered into an
agreement. Ms. Carl son said this will be an experiment with the
application of the biodome's technology for education, for
supplying foods to social services, and to introduce the concept
of an independent social services program to distribute food to
restaurants to supply financial support for the program.
Ms. Carlson said because of the existing cottonwood trees, this
Biodome will not be visible. They will plant 10 more trees on
the back si de. The Nordic council has no objection to the
placement of the Biodome. Ms. Carlson told Council there is no
foundation; the Biodome is so light an anchor system is used.
16
I~eQUlar Meeti-rnr -- Aspen City Council Ju y 28, 1986
Ms. Carlson is asking for this particular location because water
and electricity are easily accessible. The existing agricultural
projects are in this specific location. Ms. Carlson pointed out
this land is zoned for agricultural development and is being used
for that. Ms. Carlson said they will proceed as long as the dome
will be covered by October.
Councilwoman Walls moved to approve the biodome project subject
to the 10 conditions in the planning office memorandum; seconded
by Councilman Coll ins.
Ms. Carlson told Council the conditions are fine with her except
she would like a 3 month notification in case of termination so
that they can relocate. City Attorney Taddune suggested drafting
a license agreement for approval by CoL~nciJ.. Gotancilwoman Walls
said she would prefer to leave it to the discretion of the city
manager's office to approve the agreement. Councilman Isaac said
this is a good use in the wrong location. This land was
purchased for open space and this is putting a building on that
land. Mayor Stirling agreed this is a laudable proposal but this
is an inappropriate location. Mayor Stirling said there are
alternative spaces that could have been used.
All in favor, with the exception of Councilman Isaac and Mayor
Stirling. Motion carried.
STAL-i~ARD HOUSE EI,-ECTRIC HOOK U~
Elyse Elliott, engineering department, told Council it will cost
about $1,000 to take the electric service underground to the
Stallard F~ouse. Mayor Stirling asked where this hook up would
come from. Ms. Elliott told Council this block does not have an
alley and the electricity would come from Bleeker street. Jim
Markalunas, water department, told Council this block has never
had an alley.
Councilman Isaac moved that the city pay the $1,000 hook up costs
for the Aspen Historical Society Museum to the newly
undergrounded distribution system and make this a contribution in
advance of the 1987 non-profit requests; seconded by Councilman
Collins.
Councilman Collins asked what the general policy is for extending
underground service to houses. Ms. Elliott told Council this is
to be borne by the property owners. Councilman Coll ins asked if
there is an average cost for this. Ms. Elliott said it depends
on what each property owner has in their back yard. Mayor
Stirling asked if this could be allocated out of the bond
proceeds. Ms. Elliott said there are some contingency funds this
could come out of. Mayor Stirling said he would prefer it to
17
Regular---MeetirrQ ---- - ----- AsAerl -City Council Ju~y_ 28. 1986
come out of the existing bond rather than 19 87 non-profit
request.
All in favor, with the exception of Mayor Stirling. Motion
carried.
Acting City Manager Mitchell said this will be paid out of the
electric fund. If Council wants to follow up during the 1987
budget requests, they can use contribution money to repay the
electric fund.
HE3~EL JEROME- PUD --AMENI?NfENT
Mayor Stirling said the amended PUD agreement has bee distributed
to Council to reflect that the applicant will bear the expense of
the water loop; the city and applicant will share in the cost of
regrading Sleeker. Perry Harvey, representing the applicant,
said he would like a clarification that this work be done next
spring as soon as practical. Harvey said the reasar, to postpone
the regrading next spring is that they will not have to tear it
up during construction. Harvey said regrading Sleeker street
will be done after construction of phase II and will agree to
start on or before May 15 , 1987.
Harvey told Council they have received a construction cost
estimate from the surveyors, which has been reviewed by staff.
The cost estimate come to $47,280. Harvey said 53,000 should not
be in there because it is the applicant's curb and gutter and a
contingency of 20 percent. The cost is about 537,000 or $38,000.
Harvey requested to change item number 2 to have a firm number.
Mayor Stirling suggested changing 535,000 to 540,000. Harvey
said they will guarantee 100 percent of the curb and gutter and
sidewalk work and 125 percent of the landscaping work. Jon
Seigle asked if landscaping and restoring will be provided for
adjacent property owners on Sleeker street. Harvey said the
applicant has provided for sidewalk, curb gutter, regrading and
resodding. City Attorney Taddune said he is still waiting
comments from the housing office.
Mayor Stirling moved to approve the amended and restated PUD
agreement with the Hotel Jerome renovation and addition with
amendments and the housing section remanded to the housing
authority, to be reviewed by the attorney; seconded by
Councilwoman Fall in. All in favor, with the exception of
Councilman Collins. Motion carried.
Ai+~ENDMEN~`---TO ENCROACHMENT LICENSE - Lake and Gillespie
Elyse Elliott, engineering department, reminded Council this was
tabled because of no representations. Ms. Elliott told Council
18
R-ectular Meetinr~ - --- -- --Aspen -City Co,~nc~,~ - July 28, 1986
she has had references that the property owner does not object,
but not in. writing. The engineering department recommends this
encroachment be amended.
Councilwoman Walls moved to amend the encroachment license
granted to C. F. Murphy dated October 31, 1980, to reduce the
length of the planter boxes from 40.5 feet to 26.5 feet; seconded
by Councilman Isaac. All in favor, motion carried.
Council man Isaac asked if this will cost the city any money. Ms.
Elliott said this should not cost the city money. Taddune told
Council if the standard encroachment license is in place, the
city may revoke it on notice.
L ITTLE- NI;LL INTERCOi~TECT
Jim Markalunas, water department, presented a drawing of the work
being done at Little Nell and the gondola building. The city had
two water lines in this location, which had to be relocated due
to cor_struction. The Skiing Company, at their expense, relocated
the 12 inch line. Markalunas told Council the city has had a
long range plan to take a water line down to the Alps. There is
an opportunity while the hill is torn up, to go straight down the
hill. The Lodge at Aspen has agreed to put an interconnect as
part of their GMP project. Markalunas said this project will
cost $22,000 and the water depa.rtmer~t Yeas about $5,000 worth of
inventory they can put in the j ob.
Markalunas told Council the tap fee connected with the Skiing
Company project will be about $12,700 . Markalunas said the
Skiing Company will pay the contractor to lay the pipe and the
city will furnish inventory and about $5,000 out of the existing
budget, or a supplemental appropriation. Markalunas said this is
a trade off in lieu of tap fees, the Skiing Company will place
the lines. Markalunas told Council the water department would
like to get the water tank buried. Councilman Isaac asked how
important it is to tap into the Ute avenue line. Markalunas said
this is very important as the whole loop is only connected by a 6
inch line. This loops around to the storage tank at the Aspen
Grove tank. Markalunas said this will have to be a supplemental
appropriation within the water funds.
Councilman Isaac moved to approve the request of the water
department to go ahead and put the loop in on Little Nell as
proposed to get funds by the Ski Company and use the city's
supply and inventory; seconded by Councilman Collins. All in
favor, motion carried.
CONTRACT AWARD - Recreation Center Feasibility
19
Regular- Meeting- -- ------ ---A-spe-n Eity Council- ~uly28, 1906
George Pucak, recreation department, told Council the groups of
the pool study committee ar_d ice rink combined into one
committee. There were 22 proposals received by the city, and the
group hear proposals from 4 of these firms. Pucak told Council
staff made a grading system and picked 7 f~-rms. Ti~~ree members
from the committee regraded the figure. a.rzd tree top 4 f finishers
were asked to made a presentatic~r~. Pucak tcic~ C'ot~neil staff
picked Hastings &Chivetta for $25,000 all inclusive of expenses.
Staff recommends proceeding with this study. Pucak told Council
Hastings &Chivetta has a great deal of experience with both rink
and pool facilities. Their information gathering techniques are
very good. Pucak said the results will give the community
information to make a decision on this facility. This will
involve the community in the study.
Councilman Isaac moved to approve the contract with ha stings 7
Chivetta after review by the city attorney; seconded by
Councilwoman Fallin.
City Attorney Taddune requested rather than use the laws of
Missouri to interpret the contract, he would prefer to use the
laws of Colorado. Mayor Stirling asked if this firm will analyze
an outdoor i.ce rink. Harty Kahn said they will look at 4 or 5
proposed sites. Kahn saiG he feels the city is getting an
incredible value from this contract. Kahn staid his sense of the
study will be to give Council options with components. Kahn said
this firm has c',one projects from $1,000,000 to 512,000,000. Kahn
said this firm will give Council financing alternatives as well.
Kahn said they will look at combining an indoor and outdoor pool
and using the indoor pool in the summer for another community
function. Kahn told Council this firm only does recreation
complexes. They have a lot of experience and have though through
things like costs, cost savings, labor savings and cost benefits.
Councilman Coll iris asked how many local firms showed an interest
in this. Fucak said there were 3 in the top 7. Councilman
Collins said recently the Council adopted consultant selection
procedures anc asked if these were followed. Pucak said this
selection was one of the first to use those procedures. Mayor
Stirling asked when Council will. :yE~e tr+e c~rAit_al budget.
A~~ tc:hel]- :;aia staff will present this tree erAc~ of October. Pueak
told Council the consultants are willing to accelerate their
schedule. Mayor Stirling said these are two amenities for a
resort, and the existing facilities do need improvements.
Council needs to determine what is the most important and which
ones the community wants. It is very important to have this
infarrr~ati.on to make choices, to determine if it i. affordable,
anG who tree facilities will serve.
20
Regular Meeti-n~a--- -- - -- -- --Aspen- City Council _ July X81 1986
Councilman Isaac said the consultants should interview the school
board. Councilwoman Walls said building a facility like this is
frightening when the pool ar~cR ice rink the city does have have
been neglecter: for years. Councilwoman Walls said she feels this
facility will be ex~~er7.::~~~c: tc,~ c~~~erate and maintain. Kahn said
this study w ? 1 I. illustrate the operating costs, and wiI_I c;ive
Council data on which to base their decision. Councilman Collins
said there are a lot of talented people in the valley, but it
seems the trend is to go out of town for consultants. Councilman
Collins "Gic this is losing an opportunity to acknowledge local
firms that have c~r_tributed to the town.
All in favor, with the exce~~tior~ of Councilmembers Walls anc'
Collins. Motion c~~rriec.
Mayor Stirling n~c>vec? to suspend the rules and go until 9 e 30;
seconded by Cot~r~c1 mars Isaac. All in favor, with the exception
of Councilmembers Collins and Walls. Motion carried.
ASPFi~ ~T~QLUNTE-ER -- FIRE- -DEPARTMENT GOLF -PASS REQUEST
Jess Graben, fire dEf~d.rtment, reminded Council earlier in the
year Council grarxted 3 punch passes for the golf course. These
passes have been used up. There are 33 volunteer firer~~.en anc~
this represent one 18 hole round per member. The fire department
is requesting 3 more punch passes. Graber told Council the money
they receive from the dire district they use for training and
maintaining the ea Lai~~mer~t_. Graber said the volunteers could
raise money but feel their time is better spent in trainir~c~.
Councilman Collir.:~ n+cved to grant 3 more punch passes; seconded
by Councilman Isaac.
r'ryc~r Stirling told Council in the Last t4.~c~ Fars at the golf
cot-~r~er local rounds are up 11 percent; however., tourists rounds
are dot~r_ 25 percent. Mayor Stirl i.ncr s~aic~ tr:F fire department
deserves punch passes but he is cor~cE~rnec~ about the balance of
play ~:t the Golf course.
All in favor, with the exception of Mayor Stirling. Motion
carried.
A~PEI~fi -PROMOT iOi~~L---FILM - REPOR3'
Acting City Manager riitchell told Council the finance department
has certified the fundircz :~ot~rces. Councilman Collins moved to
table until August 11, 1986; seconded by Counc i I won~a.r~ Walls. All
in favor, motion carried.
CITY -~TA~LE- LEASE
21
Regdla~- Me-et-i-na - - - - -- - As~E~n City Council - Juiv 28, 1986
Laura Woodson, administrative intern, told Council the city
acc~E~~~~tecg the stable property from the county ire i.50L ~~r,c has been
i_E.~asing the stables for 550 a month. Ire J.585 Council decided to
~~c~ tr~rcich the bid process for this lease. 1~~;. 4~oorson told
Council the stable lease was ~?d~;E,rt.~ec~, ar~d the only respondent
wa~~ the As~~er~ Carriage Company. Anew lease was written. for $100
per month. Ms. Woodson poir~teu aut the Aspen Carriage Company
has requested during on season to pay $125 a month and during the
off season pay 575 month, to average to $100 a month.
Councilman Collins moved to authorize the riayor to execute the
city stable lease with the Ar~er~ Carriage Company; seconded by
Councilrt~an Is~~ac.
Councilwoman Fall in rec:omn-ended tree rent stay at $100 a month for
the ease of the firZar_ce department. Mayor Stirling agreed,
Councilman Isaac sair~ he is concerned because the TDP is
recommer_ding this land be used for a parking structure with
construction to start next year. 1~3ayor Stirling said the 90 day
termination will give enough notice.
All in fa~~or; r~~c~ti on carried. Council clarified the motion is
for 5125 a month for 6 n~c~io~_1-~~: ; ~ai,~xS?5 ~ r~~c~r~th for six months.
RE(}UES'"'i- Ffl~: t~UIvL~-fi - Air Po1l.ution Monitoring Equipment
Lee Cassin, environmental health depart.rt~E~r~t, ;:aid one of the
Gvuls of the voluntary clean air r~r-c~ ~r_ ~~~i~- .a ;-, ~-c.;~ hrc~w when the city
%: having an inversion. Ms. Cassa.n_ has s~e,=,,Eyc~z'C:r:F~c what type of
equipment and at what cost can be obtai neU. The cost of 515, 400
includes two temperature probes on Aspen mountain, having them
connected to the environmental health department's computer. Ms.
Cassin said this is the best device the city can afford. Ms.
Cassin s~ai.d there is a possibility of a free c+e~~?_c.e from NOAA;
however, they won't know until October, which will be too late.
Councilwcrran 4~~alls asked if there is money far tY~i.s rE>ciuest.
Acting City Manager MitchE~l. J. f.ol ca Council they have 57,000 lef t
in contingency and money 1 of t in excess of fund balance i s
511,000. Mitchell said Council could approve this out of general
fund balance or could a~~prove this in asset replace f unc~ for
1987. Mayor Stirline~ szid this is a fundamental part of thE/
voluntary program, t~:~r,ic~r~ the community has been work ir~e~ c~rx for 6
months.
Mayor Stir1 a I,cJ r~c,~; E~~ to allocated 515,400 far this sj~;,tens t~.c~ tee
installed prior to the 1~€~-8 i r~ki season and pay for it out cif
the 1987 asset rer~'. ~:c~E~r:E=rat. fLno; seconded by Counci.ltra.r~ ~'c~i J i r~:,.
Councilman Isaac ~aJ c, rrc~ :~ :; c:c~~~~:.F.,:~ r, Ecx about the expenditure.
22
R-egula-r- l~~eetina -- - - - - --Aspen City Counci --- - - J.u~y 28, ] 986
r"ayc~r_ t .~ x-;.ar~c~ said the city has to get on with this program in
order to improve the air c;ua.l ~ try.
All in favor, pit.}. :E- c3 ;xcE-~1>tzc~r~ cif Couneilmembers Walls anc~
Isaac. Motion r.at rif.c~.
~~-UTHOR I ~ AT ION~F(~R,~fiR~Ii ~-_.-I-t~~R(a~,'~,R~~Y~P?~.`S
Acting City Manager Mitc:}-EF''_r ~r~~.~r~c~c~u Council part of the 1986
capital budget are trails repair and maintenance. The parks
department has prepared a schedule of these, and staff would like
Council's authorization to move ahead. Mitchell said the cost of
the Castle creek trail bridge will be less that $400,000 so there
is $100,000 for trails irtlY7rovc:~ments. Mitchell told Council the
only change it t:r:e list presented is to allocate moree r~~or_ey tc?
signage of the trails. C'ot~r?c- j ? woman Fall in asked if the city Y~us
signed an acrE~E~r~~E,nt wst}~~ the county to take over the trail r;.
Mitchell said the city is maintaining the trails and the county
is working ors an aGreen~ent and researching their easement
agreements.
Mayor Stirling moved to approve the expenditure of X1.00,000 out
of the 1986 capital improvement program for trail repair and
~_r,:~~,r~u~- F~r~Fr~ts, including signing of the tra~.1.: ; :=~3cc~rceu by
Councilwoman Walls.
Council_r~~~jr~ Isaac said he would like the signs cC~cr('.:~_I?r~t:fCN kith
`::.:?F-' Nordic council so there is ur~ifarr?3_t~y Councilman Collins
;;,~.-~c~ t };f r_~E-n~c says to issue purchase c~ruE~r,; t.o trtF.e vendors, and
r~~}.ed if this project is going to tE~ k-_' c=, P~,.~ ~ t_c}-~ ~ ~_ t-.o1.c1 Council
t-r,E-; f, contractors were the only ones will.a~r~c~ tc~ ~~rovide
estimates, and the city rECC~I~_I?~E'r?C~ec~ ~~c:ir~a with these vendors.
Councilman Collins said this work is estimates at $90,000 or more
anc7 should be put to bid. Mitchell said staff will obtain bids
and will meet the state requirements.
All in favor, motion carried.
AMENDMENfi- TO ~E.~L-C~A~-D{~~TE --WHE-RL iN~ ^A~REEM~NT
~~c:t:~~ I?u City i~Ianager Mitchell told Council tY?E~ ~~r~E~eling agreement
r E~c1vired the city to maintain liah?.1.~_ty c~f. X2,000,000. When the
city's insurance was renewed, CIRSA reduced the coverages to be
in line with the state statutes. Holy Cross and Colorado-Ute
wanted to maintain the $2,000,000. Based upon the new state
statutes of $150 ,000 arpc~' X400 X000 , they accepted the lower
insurance.
Councilman Isaac moved to appL t~~~e tY~f• f ~ rst amendment to the
exchar~c E_ ar~c~ trar~smi ssion service acr ee~rr~ert ~~Eatweer~ Col oraoo Ute
23
Re-gtr 1 a-r _ -Me-~e ~i-n,g - - ~
._. - -sx~en-- ~~'~~~ ~zz F ~i,c---; , - T_ _ ~~ t;I 2 8- 1-986
Electric Association, Holy Cross, Pitkin County and the city of
Aspen; seconded by Councilwoman Fall in. All in favor, r{oti c'n
carried.
ORDI-N-Ai~iCE--#30-, - SERiE-S flF--19$6, - Water Extension The Preserve
Mayor Sti r1_ :~r~cp moved to read Ordinance # 30 r -SE~Y' i F: cif ? ~'FE;
seconded by Councilwclr-ar F~~ a ~.:i.In. A? l in favor, motion carries .
ORDIP~~.~~~C'L ~ ~G
~:~>E~r_E~, c°f 1986)
AN ORDINANCE APPROV Ir+C= ~'~ 4~.r~~rN"?<<)~ 1'~-A:1 ~`~ F;XTENS ION AND
SFR~TILE ~,~; ~=~.-'TI'F°;Pw~~' FsFTWEEN THE CITY OF ASPEN [~I~U
Z,~,i~l,'~:)~l~~a~ ~~~ ~.~Pk,N CORPORATION PROVID1l~C~ E'C,F: n~Y~I~;
).~~7'FNSION OF TREATED WA'_T°Ek. S3~ok~ :o cF: TC ~4°HK-,t~, ~'F'F~F~F.V~a~
PROJECT WHICH I5 L,C~C'~:~i'L.l~ c"~T1~~!-~IUE 7~HE ASPEN CITY LIMIZ'4
BUT WIZ"H TN TF?F~ Clri.°Y t~'FrV .i GEC AREA, SETTING FORTH THE
TERMS AND CONDITIONS OF SUCH WATER MAIN EXTENSION,
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL
OTHER DOCUMENTS NECESSARY TO ACCON]PLISH SAID WATER
ExTErlslcN was read by the city clerk
Cour~c~~wc,P~ar~ Falb ire moved to adopt Ordinance #30, Series of 1986,
on first reading; seconGec3 by Councilman Isaac. Roll call vote;
Councilmembers Fallin, yes; Wall:, yes; Isaac, yes; Collin`.;, ye.
Mayor Stir~_~~_r-c~~ 1'E :,. Notion carried.
CITY HAL-~L RE-i~6VAT`IGIti- -PLAN
Mayor Stirling said Council has received a letter from St. Mary's
Church raising issues about aGding on to City Hall. Augie Reno,
architect, presented plans for renovating the existing city hall
ar_d ar-~ addition of 6,000 square feet with arr optional 3,000
:~c,i~~~rE fGOt basement. Reno pointed ot~i- <c~rr~e cif t_hE: g'ark aros all
«f the parking on the north side. Rer~c3 `~erfi through the floor
1~1~~"~, ~~~"~j L~rc-~~ased office locations. R.er~o shawea some historical
phc~toe~raphs of the evolution of sit-y- 1=~~ ~ ~ , rc~.ryc ~ c~i,cd Council
city hall is 38 feet high and the arr~ex «a.~_' bEs 2~ feet high.
Reno showed a model of cit:j- r~c~) ~ Lil~~y t_I~e annex. Council
scheduled a work session on city hall for Tuesaay, ~7uly 29 ~t
4: 00 p, m.
Councilwoman Walls moved to approve the consent agenda; secc~r.ued
by Councilman Collins. The consent agenda is minutes June 9, 23,
1986; ~_ ic11?c.r license renewals - Your Pizza Rtan; Rc~arir_c~ Fork &
Spoon; approval of electac:~r~ -'tac7cses. All in favor, motion
carried. ~ J
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