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HomeMy WebLinkAboutminutes.council.19860922Regular N~eetina Asnen Citv Council .September 22, 1986 Mayor Stirling called the meeting to order with Commissioners Blake, Klanderud, Madsen, Child and Braudis and Councilmembers Isaac, Walls and Fallin present. 1. Joint Computer Upgrade. Jim Considine, data processing director, told the Boards he is currently working on the community benefit of this upgrade. Considine said he is generating specific data from the computer users who deal directly with the public. Considine told the Boards personnel do more work using computers. Ms. Klanderud pointed out with the database program, citizens will be able to get information about a parcel of property from one office, rather than going to 3 or 4, which will be a major benefit to the community. Madsen moved to approve the request for multi-year funding of the computer upgrade and direct staff to research lease/purchase options for the financing of $779,953; and to contract with Queue Systems, Inc. to acquire computer hardware, software, and related support services, and to contract with Pitkin County establishing data processing as a city department and providing for the sharing of acquisition and operating costs; seconded by Blake. All in favor, motion carried. Councilman Isaac moved that the Mayor and Council approve the computer upgrade, the contract with Queue System, and to contract with the county establishing data processing as a city department; seconded by Councilwoman Fallin. All in favor, motion carried. 2. County Use Tax Agreement. Tom Oken, county finance director, said the County Commissioners are asking the Council to approve of the county retaining the full proceeds of the 3 percent use tax. Under state statutes, if the county imposes a use tax without agreement otherwise from the municipalities, the use tax is shared in the same ratio as sales tax is shared. Oken estimated a 3 percent use tax would generate $625,000 to the county. The needs f or the road systems have been estimated at $610,000 per year for 6 years to do capital improvements. Oken said the county's other option is property tax, as the county is limited in revenue raising measures. Oken pointed out the County's ratio is already fairly heavy to the property tax side. Oken said the Commissioners would prefer to ask for a use tax, rather than a property tax increase. This use tax would broaden the tax base and not further tilt towards property tax. The use tax is more equitable and removes a competitive disadvantage in construction materials against out of county bidders. Oken said without Council's approval, the county's share of the use tax, at about $172,000 a year would not be enough to fund the road improvement program. 1 Regular Meeting Aspen Citv Council September 22,_1.986 Oken pointed out the county can only levy use tax in t he same percent as the sales tax. Oken told the Board what is taxed in a use tax is specified by state statute, and limited to motor vehicles registered in Pitkin County, and construction materials. Oken told the Boards the way use tax is collected in other counties is through the building department, who makes an estimate on materials in new construction and charges that use tax at building permit state. Oken told the Boards a use tax has to be collected locally, and will cost about 550,000 to collect. Oken pointed out the alternative is to raise property taxes 2.5 mills for a 7 year period. Oken said the city would be giving up the possibility of using the use tax themselves. Cindy Shafer, city finance director, told Council the city could levy a 1 percent use tax. Mayor Stirling said Council has discussed levying a use tax in order to fund the 5 year capital improvement program. Oken said the town of Snowmass is willing to give up their share of the use tax because they see the benefit to the road program and it would be cheaper to improve Brush creek road through this program rather than Snowmass doing it themselves. Oken said the county needs the full proceeds for the road program, but cannot levy the use tax without the city's approval to let them retain the f ull proceeds. Mayor Stirling said the roads improvements has as much county wide benefit as any program. Mayor Stirling asked if this is the most balanced way to get participation to fund road improvements as any other source. Oken noted there is a direct link between use tax on motor vehicles and use of the roads. Child said this tax is less a regressive tax than property tax. Braudis pointed out that the city and town of Snowmass both got mill levy increases f or street repairs. These residents are also county tax payers, and the county did not want to pil e road improvements on property tax. Braudis said he feels this is a legitimate source of revenue, and it does have a termination date on it. Child pointed out this tax is tied to a specific road improvement plan. Oken said the capital improvement projects for road are so large they are beyond the county's means to fund out of operating budgets. Ms. Klanderud pointed out the county has not has a tax increase in the last 6 years. Child said the county has not been maintaining the roads at the level they should be, and it is showing. John Eldert, county manager, pointed out some of the road improvement expenditures will mean the city will not have to spend that money, should annexation of areas, like Red Mountain take place. Ms. Klanderud noted the road plan provides secondary benefits to Aspen and both to tourists and residents. Residents and tourists do not differentiate between county and city roads. 2 Regular Meeting Aspen City Council September 22, 1986 Councilwoman Fallin moved to approve a City of Aspen/Pitkin County intergovernment agreement stating that the City of Aspen shall relinquish its share of any proceeds from a proposed three per cent (3~) county-wide use tax and that Pitkin County shall receive all proceeds from the tax; seconded by Councilwoman Walls. Mayor Stirling said he opposed a new tax and wold prefer to continue examining the proposal with the city staff during the next two weeks. Mayor Stirling said this tax may impose a substantial financial burden on new construction. Councilwoman Walls pointed out the use tax does not take anything away from city revenue, and city residents use county roads. All in favor, with the exception of Mayor Stirling. Motion carried. 3. Intergovernmental Trail Agreement - Mayor Stirling moved to table discussion of the trails agreement until September 22, 1986; seconded by Councilwoman Fallin. All in favor, motion carried. SPACE Jeffrey Evans said in 1991 they will start on EIS on the entrance to town. Evans stated in the construction, once the entrance is 5 years behind, it will always be 5 years behind. Evans noted there is an election scheduled in November, the city has ballot language already set and to be voted on, and the city has the opportunity to settle this issue for very little cost. Evans said this would reunify the EIS so the process would be done on schedule and within budget. If the entrance were voted down again, the position is no worse. Mayor Stirling said the EIS decision is to start f rom Maroon Creek going west addressing safety issues. COUNCILMEMBER COMMENTS 1. Mayor Stirling said there has been a request from a Council member to change the next meeting date, October 13th, to another date. October 13 is Columbus day; however, city hall is not closed. City Manager Anderson said Council could change the whole meeting or continue 3 items to Tuesday after the budget session. Alan Richman, planning office, told Council there will be practical difficulties for some of the applicants as well as staff as that day is Yom Kipper. Councilman Collins moved to continued October 13 Council meeting for the planning items to October 14 after the budget session; 3 Regular Meeting Aspen City Counc~,l September 22 , 19.8.6 seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. Council decided to have the budget meeting from 3 to 5 p.m. and t he continued meeting at 5:00 p.m. October 14th. 2. Mayor Stirling said Council has received more letters about the lighting program in town and the intensity of the lights. Councilman Collins asked if the bulbs are going to be incandescent or mercury vapor. Councilman Isaac said he w ould 1 ike the sample block 1 fights on Galena identified so Council can look at them and decide. Jay Hammond, city engineer, told Council the CCLC went through different light sources and levels of illumination. The CCLC chose a mid-range wattage and the source based on color and type of look. Hammond said he would set up a demonstration for Council. 3. Councilwoman Fallin urged Council to campaign against amendment #4 on the state ballot. This amendment will limit the taxing power of local governments and will require a vote to increase any revenues to every two years during regular elections. 4. City Manager Anderson requested Council add two items to the agenda; liquor license renewals f or La Cocina, and a resolution to extend the lease on his house. Councilman Isaac moved to add the City Manager lease to the agenda as VII (k) ; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #37, SERIES OF 186 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #37, Series of 1986, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Fallin, yes; Walls, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #38, SERIES OF 1986 - Williams Annexation Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #38, Series of 1986, on second reading; seconded by Councilman Collins. City Manager Anderson pointed out a memorandum from the environmental health department and whether there is a risk in 4 Reaular Meetina _Aspen Citv Council September 22, 198 annexation with the hazardous waste problem in this area. Anderson said if the city takes over the public roadways, the city may be taking on a pollution liability. Staff' s recommendation is that this annexation be tabled until this problem is worked out. Councilman I saac said this process ha s been going on for years, and the city does not have any idea when it will be over. City Attorney Taddune said staff hopes there will be a settlement agreement by December between all the parties. Assistant City Manager Mitchell said the EPA would look toward the city as another source to pay for the clean up in the area. Mayor Stirling moved to table Ordinance #38, Series of 1986, until December 8, 1986; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #39, SERIES OF 1986 - Implementing H.B. 1007 City Attorney Taddune explained this legislation is for city's to implement provisions to give people who pay use taxes in other jurisdictions a credit. The thrust of this legislation is to make sales tax and use tax uniform throughout the state. Councilwoman Walls moved to adopt Ordinance #39, Series of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Fallin, yes; Walls, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #40, SERIES OF 1986 - Holy Cross Easement - Lot 1, Golf Course Subdivision Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #40, Series of 1986, on second reading; seconded by Councilwoman Fallin . City Attorney Taddune pointed out the previous easements to Holy Cross across the Koch, Marolt and Thomas property were to deal with the main line coming into Shadow mountain. This easement deals with the south side of the electric service. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #41, SERIES OF 1986 - Historic Structures Moratorium Mayor Stirling opened the public hearing. Nick Pasquarella, HPC, recommended this moratorium be put into effect to enable the HPC to be able to effectively control the removal of buildings. Frank Peters said it is lamentable to see significant old 5 Regular Meeting ___ __ Aspen Citv Council September _22 , 198 buildings demolished. Peters agreed with the moratorium to allow the planning office to develop code amendments to encourage owners of Victorians to keep and renovate them. City Attorney Taddune recommended incorporating the list of structures in the ordinance. Mayor Stirling said he is a not an advocate of administrative delays but this is a critical situation. Mayor Stirling said architecture is in the same category as environmental concerns; it is not limitless and is in a pose of being threatened. Mayor Stirling said it is the business of the city to protect the historic endowment, which is part of the environment. Mayor Stirling said other towns in Colorado are preserving their history, and the moratorium will give Aspen time to get going. Mayor Stirling said Aspen has lost 3 or 4 Victorian structures a year for the last 5 years. Peters pointed out the building season is almost over, and a six month moratorium is relatively harmless. Councilman Isaac asked how this ordinance affect houses that need to be demolished for health and safety reasons. Taddune told Council the ordinance contains a provision than an application can be exempt from the moratorium on recommendation from the HPC to the City Council. Mrs. Paepcke said there should be some means by which buildings which are significant architecturally are retained in the city. Mrs. Paepcke said citizens are not apt to retain buildings by themselves. Mrs. Paepcke told Council she would like to see Herbert Bayer's house retained, as Bayer was a great architect, artist and painter and world renown. Mrs. Paepcke said if the Bayer house were destroyed, it would be a blemish to Aspen. Another building that should be retained is the Lundy house, which was built and designed by a well-known architect. Dick Butera said, although he is generally against governmental interference in the market place, the government does have to act in times of emergency. The preservation of historic buildings does ring as an emergency. Butera said the towns needs to respect and protect its history. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Fallin, yes; Walls, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #33, SERIES OF 1986 - Jenny Adair Park Maintenance Agreement Assistant City Manager Mitchell told Council he has discussed this with Tom Cardamone, who has reviewed and accepted the agreement . The agreement provides the A.C.E. S will maintain Jenny Adair park and the settling pond, like they are doing with the North Star ranch. Mitchell pointed out Jenny Adair is right next to A.C.E. S facility and there is an interest to them to 6 Regular Meeting Aspen Citv Council September 22. 1986 protect the park. This is a benefit to the city to not have to maintain the park. Mitchell said A. C. E. S. suggested their doing the maintenance work at no charge. Councilwoman Wall s moved to approve Resolution #33, Series of 1985; seconded by Councilwoman Fallin. Mrs. Paepcke asked if the city is going to dredge the pond. Mayor Stirling said the city has just completed dredging the pond for the first time in years. Mitchell pointed out A.C.E.S will maintain the park and the city will dredge the pond. All in favor, motion carried. SCHOOL CROSSING SIG~IAGE Assistant City Manager Mitchell said the design has been recommend by the state. Mitchell said currently traffic control officers manually put signs on Main streets; these signs do not meet state standards. Councilwoman Fallin said she advocates keeping the crossing safe, but this design is appalling. Councilwoman Fallin said she does not feel this sign will add to the safety of the school crossing intersection and would rather pay for guards. Councilman Collins said RFTA has discussed moving the existing traffic light at Aspen street one block west to Garmisch, which would aid the school crossing situation. Councilman Collins said in light of that possibility, Council should not take any action. Councilman Collins moved to refer this back to staff for review; seconded by Councilwoman Walls. All in favor, motion carried. UNENCROACHMENT LICENSE - Walton Assistant City Manager Mitchell reported this has been solved administratively. GAS METER AT VOLK RROJECT Assistant City Manager Mitchell told Council this request would allow the applicant to place a gas meter in the alley, like other buildings. The alternative location would be in front of the building. Councilwoman Walls said the applicant should use some imagination to locate this utility. Jon Busch, CCLC, said their commission is generally opposed to encroachment s in the alley. Mitchell pointed out Council recently forgave the Red Onion's meter in the alley. Councilman Isaac said in that case the meter was already in the alley. Mayor Stirling agreed the city should not allow more meters in the alley. Council agreed not to 7 Regular Meeting _Aspen Citv Council September 22, 198 support an encroachment for a gas meter in block 25 alley and to encourage the applicant to explore a creative solution. ORDINANCE #44, SERIES OF 1986 - Bass Park Lease Mayor Stirling said he and the city attorney have met with Bass' representatives and told them the city is interested in renewing the lease, as well as ultimate purchase of the property. Mayor Stirling said the Basses are not interested in selling the property. Mayor Stirling reported the city asked for a right of first refusal, which was also denied. City Attorney Taddune told Council Bass is interested in leasing the property to the city but not in granting any rights to the city. Taddune noted a new paragraph in the lease that the city will agree to reimburse Bass for property taxes and improvement district assessments. Taddune said in the past the city has not paid anything. Councilwoman Walls to read Ordinance #44, Series of 1986; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #44 (Series of 1986) AN ORDINANCE APPROVING THAT AGREEMENT BETWEEN HARRY W. BASS, JR. AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE LEASING BY THE CITY OF LOTS D, E, F, G, H AND I, CITY OF ASPEN FOR USE OF A PARK AND SETTING FORTH THE TERMS AND CONDITIONS OF SAID LEASE AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF ASPEN Councilman Isaac moved to adopt Ordinance #44, Series of 1986, on first reading; seconded by Councilman Collins. Mayor Stirling asked for an estimate of how much the property taxes and other reimbursements will cost the city by second reading. Frank Peters, representing the Hotel Lena do partnership, told Council they would be interested supporting and working with the city on the purchase of Bass park. Peters said the price of this property is beyond their means to purchase and to expand the hotel. Peters said this is well used open space. Mayor Stirling said he would like to pursue the city having the right of first refusal as well as changing the terms of reimbursing Bass for special districts. Roll call vote; Councilmembers Fallin, yes; Walls, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to seek an opinion of value on the bass property; seconded by Councilwoman Fallin. Councilman Isaac asked where the money would come from. Mitchell answered this 8 Regular Meeting Aspen Citv Council September 22. 1986 would come from the land fund. Councilwoman Fallin and Mayor Stirling in favor, Councilmembers Collins, Isaac, and Walls opposed. Motion NOT carried. ORDINANCE #42, SERIES OF 1986 - Lease Purchase Trucks Councilwoman Fallin moved to read Ordinance #42, Series of 1986; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #42 (Series of 1986) AN ORDINANCE APPROVING AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND JINCO LEASING CORP. , SETTING FORTH TERMS AND CONDITIONS FOR THE LEASE OF TWO FORD PICKUPS BY THE CITY OF ASPEN FROM JINCO LEASING CORP. AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN Finance Director, Cindy Shafer, told Council one truck, which has already been purchased, is for the streets departments and the other is for engineering. Ms. Shaf er said both of these trucks are out of the asset replacement fund and this financing was assumed last year when the 5 year asset replacement fund list was prepared. Ms. Shafer told Council lease/purchase versus outright purchase should be discussed after the 1987 budget is finished. Ms. Shafer reminded Council the city started lease/purchases 2 years ago because there was so much equipment that. needed to be replaced. The trend was continued; however, staff ~ is going to look at outright purchases. Ms. Shafer told Council the city is trying to get away from straight operating leases. These are lease/purchases where the city ends up with the vehicle at the end of the agreement . Councilman Isaac moved to adopt Ordinance #42, Series of 1986, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. CONTRACT MOUNTAIN BELL UNDERGROUNDING City Attorney Taddune told Council this agreement was drafted both by city staff and by Mountain Bell. Assistant City Manager Mitchell told Council this agreement is part of the undergrounding program. The city has no way of requiring Mountain Bell to pay for undergrounding because their franchise is issued by the state. Taddune said in the franchise agreement, Mountain Bell may use the city's rights-of-way. Mitchell told Council the city receives 3 percent of Mountain Bell's revenue collection within the city. 9 Regular Meeting - Aspen Citv Council S~Atember 22, 1986 Councilwoman Walls moved to approve Resolution #34, Series of 1986; seconded by Councilman Collins. All in favor, motion carried. LITTLE NELL COMMERCIAL GMP ALLOTMENT Alan Richman, planning director, told Council this request is for 6,992 square feet in the CL and other GMP zone district. A number of years ago, Council divided the commercial competition into several zone districts. Richman reminded Council a condition of Little Nell's SPA approval was that the applicant would have to obtain the allotment for commercial space, presently under construction beneath the gondola terminal, before it is occupied. Richman pointed out the requests for commercial square footage are above the quota available in each of the categories. The P & Z evaluated this project and scored it above the minimum of threshold of 25.8. The project scored 29.5 points and 30.9 with bonus points. Richman told Council he had originally recommended to P & Z to hold all GMP allotments until the impacts on all the zones could be seen. P & Z recommended this project be moved ahead. One issue in this allotment is exempting the rental and ski instructor's lockers. P & Z has recommended this exemption. Richman told Council using quota for lockers is contrary to the concept as there is no growth impact for using space for lockers. Richman recommended Council find the locker space not commercial but a service to skiers and necessary to the issue. The second issue is demolition of the ski school and administration building. The applicant is asking that this space of 1500 square feet be credited. Richman pointed out the present ski school space cannot be demolished before the present space is occupied because neither the applicant nor the city would like to see demolition going on at the base of Little Nell during ski season. Richman suggested recommended demolishing the ski school space internally so that it is not usable. Another issue is the multi-year allotment, and P & Z is recommending Council grant the entire 6,992 square feet. Richman told Council only one allotment in CL and other has been given, and the 8500 square feet not allocated in that zone was not carried over. P & Z felt it is in the city's best interest to insure the construction at the base of Little Nell is completed in a timely fashion, and not hold the allotment procedure off until October. Richman said the impacts of the Little Nell project were addressed through the SPA application ar~d the multi- year allotment has already been dealt with. Peter Forsch, Aspen Skiing Company, told Council this is not creating more employees or impact but making more space for the 10 Regular Meeting Aspen Citv Council September 22, 198 employees to work in. Richman told Council there is presently over 13,000 square feet in the Little Nell complex of commercial space; tree proposed reconstruction is 12,300 square feet. There i s no competition requirement in the CC zone . Bill Kane went over the plans, showing the reconstruction and requested allotments . Councilwoman Walls asked for examples of space that is exempt in the GMP. Richman said exempt space is tied to definition, like mechanical space, rest rooms. Richman explained the ski area is the operation and the offices are accessory. Staff feels the place where the business is run is the commercial development and is subject to competition. Richman said it is up to council to determine whether they feel the lockers should be exempt from a growth management allotment. Richman said the proposed locker space does not cause employees, does not generate traffic and does not have an impact. Richman told Council there is a provision in the Code to exempt development that is not covered by the quotas. Councilwoman Walls said it is difficult to separate ski instructors lockers from other employees desks, they are both where people do their business. Kane said this space is generally dormant space and is used only intensively early in the morning. Richman said after looking at this space, he felt that have 1/2 to 2/3 of a year's CL quota being used for space that has zero impact on the community did not make sense. The staff has required the applicant to supply the rental lockers on-site to reduce traffic. Richman told Council there is very little area in the CL zone district that could be built out. The only other zone district this will impact is the SPA zones. Councilman Isaac moved to grant a commercial development allotment of 6, 992 square feet to the Little Nell base redevelopment project subject to the two conditions in the planning office memorandum of September 15, 1986; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Collins and Walls. Motion carried. RESOLUTION #32, SERIES OF 1986 -Ballot Questions Mayor Stirling said the rail road applicants will be funding the election, as there is only one question on the ballot. There will only be one polling place. Mayor Stirling said the question asks the voters whether the city shall grant rights-of-way over the Rio Grande and the Shapery property subject to (1) the satisfactory relocation of the Rio Grande pedestrian trail, (2) the railroad use and improvements comply with all applicable requirements of the Aspen Municipal Code, (3) the right-of-way reverting to the city in the event it is abandoned for railroad use, and (4) the right-of-way being granted upon such additional 11 Regular Meeting - Aspen City Council September 22. 1986 terms and conditions as Council may impose as being in the best interest of the city. Councilwoman Fallin said she would like to see a time limit added to condition #3, like 5 years. Sunny Vann, representing the applicant, told Council that is not a problem. They had tried to keep the question informative without being confusing. Vann assumed the specifics would be negotiated at the time of the grant of the right-of-way. Councilman Isaac asked about bonding the improvements so if the tracks are abandoned, there is money to remove these tracks. Vann told Council P & Z is in the process of completing the SPA process and one of the conditions of the precise plan is to present a mechanism to take care of this problem. Vann pointed out the election question does not grant right-of- way but does give the applicant an indication of public support for the railroad. Vann told Council at the end of the SPA process, the applicant will have a list of studies, technical reports, and specific problems to address as part of the precise plan. The applicant would like to know how the community feels before they embark on a very costly project. Vann said the city question addresses the Rio Grande and Shapery properties. The county issue asks about the actual alignment from the city limits to Woody Creek. Mayor Stirling pointed out in the question there is no designation of which portion of the Rio Grande property is to be used by the railroad. Vann said the applicants are the ones running the risk a voter may vote no because of lack of information. Vann said the applicants intent to create as much public information as possible. Vann said the reason there is no specific property outlined is that it has not been determined whether this will be a ground lease, a fee simple parcel, or where this may move as part of the SPA process. The question is if the applicants follow the process, will the voters allow the city, at their discretion, to convey city-owned property subject t o certain terms and conditions. Vann said the applicant has weighed the risk of a voter voting against the issue because they do not have enough information against a substantial investment required to go through a precise plan. Vann reminded Council P & Z has outlined 20 plus complex conditions. Councilman Isaac said he would prefer to wait for amore specific ballot issue. Vann answered the only more specific ballot issue would be to have a parcel definition on the Rio Grande property. Vann noted one of the conditions is the satisfactory relocation of the Rio Grande trail, and the city will not approve the precise plan unless the applicants can demonstrate a satisfactory alignment for that trail. Vann said if the county trail issue passes, the city will have jurisdiction of entire length of the trail. City Attorney Taddune reminded Council the ballot issue 12 Regular Meeting Aspen Citv Council September 22. 1986 is not binding, it just grants Council the authority to grant a right-of-way. C.A. told Council if the vote is very close, they may want to look at reopening the question. C. A. said they feel the opportunity is so good, they would want a second look. Councilwoman Fallin said she wants a date certain in which the right-of-way would revert to the city if it is not used for a railroad. Vann pointed out if the question passes as drafted, there is no time frame for the rail road to be constructed. Vann said it may be beneficial to both parties to retain flexibility to exchange rights-of-way. Vann questioned putting a 5 year time limit in the question if this changes during negotiations, does this negate the ballot issue. Taddune suggested language reading the railroad is commenced, not finished. Vann said final agreement language would define "abandoned" and "construction". "in the event construction of the railroad is not commenced on or before January 1, 1992 , or if the right-of -way is abandoned" . Councilwoman Fallin moved to adopt Resolution #32, Series of 1986, amending (3) to add in the event ." seconded by Councilman Collins. Mark Freidberg asked if the developer would commit to a percentage by which the ballot question would lose in order to give up the project . C. A. said the applicants have considered reassessment after the election but have not settled on any numbers. Freidberg pointed out conceptual process raises questions rather than provides answers for the voters to be fully informed before the election. Freidberg said he feels the community would be for the railroad in an alternate location, and the staff recommended other locations be examined. Freidberg said he feels this language has been rushed and it is a disservice not to be asking the electorate their preference on alternative locations. Council requested the resolution be amended to show the polling place for this location to be the lower elementary school gymnasium to coincide with one of the county precincts. Councilman Isaac said he feels this issue is not ready to go to the electorate and would rather wait until the regular Municipal election in May 1987. Vann pointed out this ties in with the county election, and the applicant will also be going through the process in the county. The applicants would 1 ike an indication from the voters before starting on an expensive project. Councilwoman Fallin moved to amend the resolution to change the polling place to the lower elementary school; seconded by Councilman Coll ins. All in favor, with the exception of Councilman Isaac. Motion carried. 13 Regular Meeting Aspen City Council September 22, 1986 TRAILS AGREEMENT City Attorney Taddune told Council the county would like language restricting the city from using the trail system for any purpose other than trails, and the county has agreed to grant easements of the trail system that they own in fee simple. Taddune said the city is getting an easement trail system with attendant liabilities with an opportunity give the trails back to the county, if the city so desires, and Wagner park. Taddune said the objective is the city is trying to put together a trail system and is getting the opportunity to operate and maintain an important recreational amenity. Mayor Stirling said he feels the county wants to retain a certain amount of ownership yet does not want to allocate money to maintain the trails. Councilwoman Walls asked if trails were not generally given by easements. Taddune said the county has trails by easements, oral and written agreements. The county has agreed to underwrite any outstanding liabilities in the trail system. Assistant City Manager Mitchell said the city will get fee simple title to Wagner park. Mitchell said the Council has indicated the trail system is a high priority and has made a commitment to spending about 5600,000 on the trail system. Mitchell said the main purpose for the city to take over the trails is to develop the system and make it an amenity; the practical effect of fee simple title or easements does not effect the city's ability to fulfill thei r purpose. Mitchell told Council before second reading, he can indicate to the county that fee simple title would be preferable. Councilman Collins moved to read Ordinance #43, Series of 1986; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #43 (Series of 1986) AN ORDINANCE APPROVING THAT TRAIL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, TERMINATING A JOINT MAINTENANCE AND POLICING AGREEMENT DATED SEPTEMBER 13, 1976, AND SETTING FORTH THE TERMS AND CONDITIONS FOR THE TRANSFERRING OF WAGNER PARK AND EASEMENTS FOR THE COUNTY TRAIL SYSTEM FROM PIT KIN COUNTY TO THE CITY OF ASPEN; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN Councilwoman Walls moved to adopt Ordinance #43, Series of 1986, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. 14 Regular Meeting Aspen Cit,~ Council September 22 , 1986 CITY MANAGER DUPLEX LEASE City Manager Anderson told Council he and Councilman Collins have gone through the house and found the items that needed to be fixed or altered. The two aspects of the question are setting value for the house, and drawing up the contracts. Anderson suggested expanding the number of Council on the committee for this work. Anderson told Council this will take at least two more weeks to resolve. Councilman Collins moved to extend the lease 30 days; seconded by Councilwoman Fallin. Councilman Isaac was appointed to work with Councilman Collins on the duplex. All in favor, motion carried. Anderson pointed out the lease was for 35 days and would be pro rata for the next 30 days and will adjust it on that basis on the same terms. All in favor, motion carried. SISTER CITIES REPORT Councilwoman Walls distributed a report to Council. She stated that they appreciated the opportunity to take the trip, the support of the City and sister-cities committee. Councilwoman Walls told Council the trip began with an invitation from Chamonix to Aspen to visit their Guide Day celebration. The committee visited Davos, who had invited the Aspen delegation when their Mayor was visiting Aspen. In addition, they visited Garmisch-Partenkirchen, Aspen's sister city. They visited Cortina as an Italian connection and Bad Gastein, Austria, as another possibility for a sister city. Roby Albouy, Jack Walls, Len O1 ende r , Molly Campbell, and John Reveal were part of the delegation. Len Olender told Council he views this as what the business community can learn from having sister-city relationships. Olender said business participation gives meaning to and probably can make or break a sister cities program. Olender said language was a problem, and foreign visitors cannot always be expected to speak English. One of the things that came out of this was a renewed interest in language training for Aspen's high schools and community college. Olender told Council he learned about his business watching their businesses, which could be beneficial to the entire business community. The computers in this country are completely different but the professionalism and schooling in tourism they have is unfamiliar to us. Olender said using partners will serve as a good example - Swiss Air, United and Aspen Airways are a few of the sponsors that helped put this trip together. Partnerships in conjunction with the great hospitality from the cities proved that all the partners can benefit from this type of thing. Olender sent a letter to John Anderson, 15 Regular Meeting Aspen City Council September 22, 1986 Swiss Air, outlining all the programs, official and non-official, for next year and there are over three hundred people going back and forth between Aspen and these sister-cities. It is important to understand the ramifications and how they affect the entire program. Olender told Council Swiss Air has offered to be the official carrier of the sister-cities program for Aspen. Swiss Air will create a tour number to be worked through the ARA and any tickets that are sold to use Swiss Air, there will be a number ARA126 that will go into the tour packet. That number will then go into a total number of tickets that are sold from the resort association or from the sister cities, and a fund will be created. After fifteen tickets are sold there will be one free ticket, after twenty are sold two free tickets, etc. The sister cities group will be able to have a pool of free airline tickets back and forth based on the number of people that would be travelling anyway. The ram if ications for incentives are incredible; citizens can indirectly fund the program, just by choosing some of their air travel on Swiss Air. Olender said the success of the sister city program relies on business participation and direction to give it clout and integrity. One suggestion is a newspaper exchange program highlighting the sister-cities in local newspapers. Olender noted awareness of the existence of these cities, awareness of their problems will help Aspen, the resort and how important tourism is to the resort. Molly Campbell stated that Aspen and the sister-cities have similar problems. All the sister-cities have strict planning and zoning codes. The relationship between the tourist offices and the municipalities is very closely integrated and there is a cooperative effort between the town in planning and funding. Roby Albouy stated that he detected a reluctance from Chamonix to join the program. They are an older and different culture The U. S. is so different in structures and it will take Chamonix time to figure out who is Aspen. Albouy said Chamonix would like time to think and measure, since they may be partners with towns who have limited relations with other European towns which are basically considered competitors. Chamonix wants to figure out how this will work in Europe. Councilwoman Walls said that she is very enthusiastic about Cortina. It is a first class ski resort and a first class candidate to be Aspen' s sister city in Italy. Councilwoman Wall s recommended that Aspen go ahead with Cortina and asked Mayor Stirling send information to Cortina. Jack Walls suggested Bad Gastein as Aspen was looking f or an Austrian connection. Walls said Bad Gastein is not a new area, it has been existence since monarchies. Walls said Bad Gastein 16 Regular -Meeting Astaen Citv Council September 22 , 1986 was not contacted in advance and the city needs to follow-up with more information. Councilwoman Walls said the committee was struck with the fact that the cities are very similar to each other. The towns all have traffic and parking problems and don't seem to take it as seriously as Aspen does. No one has an airport. All of the cities, except Cortina, have rail transportation. They all have employee housing problems. There are a lot of gondolas and cable cars that run year round. The trails are plowed during the winter enabling people to walk the trails in the winter as well as the summer . Jack Walls said that it seems that European countries have a better handle on planning for and promoting tourism so that resort towns are never idle. Councilman Collins asked if Aspen is intending on having a sister city in each country? Councilwoman Walls stated that Aspen could have one per country; however, Cortina, feels that they should have only one sister-city. This is a new idea for them. Jack Walls pointed out Aspen has been a sister city with Garmisch-Partenkirchen for twenty years and very little has been done. Walls encouraged the committee to keep working on this program. With Molly and Len on the committee and on the trip this lent an air of real ism and the business community will make this program work. Mayor Stirling said he spoke about what Aspen has been doing at the Sister Cities International Conference at Los Angeles. Council had allocated $2,000 for this trip; Air France provided round trip air fare for Roby Albouy, and Swiss Air provided round trip air fare for Len and Molly and Aspen Air provided the round trip air from here to Denver, the city had to pay the one round trip air fare from Denver for the Mayor Pro-tem and gifts to the European cities. Earlier the city received a Hokkaido delegation and was able to pay the Resort Association and the Ski Company to receive them as part of that fund. Mayor Stirling noted all five of this delegation paid their own lodging and meals once they were there. This is an interesting sacrifice of time and money by all the people who went, and is appreciated by Council, staff, and the town. BOARD OF ADJUSTMENT APPEAL Case 86-16 Bob Anderson, City Manager, recommended Council not sponsor an appeal to court, as recommended by Francis Whitaker. Anderson told Council he has listened to the tapes of the Board of Adjustment meeting, spoke with Chairman Remo Lavagnino, consulted the Charter and the Code. Anderson told Council they should entertain an appeal to court only under the most grave of 17 Regular Meeting Aspen City Council September 22, 1986 circumstances, and following Whitaker's recommendation would be like the city suing itself. Anderson pointed out the Board of Adjustment is a duly constituted body. The Board spent over an hour on this case, which was complicated, and rendered a decision. Anderson told Council the city attorney was at the meeting and would have intervened if an illegal decision was being made. Anderson told Council to set a precedent of second guessing each of their Boards would be ill-advised. Anderson told Council the Board of Adjustment is to maintain the "public interest" and "the most appropriate development in the areas" and to "where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the zoning laws to vary or modify the application of these regulations so that the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done". Anderson told Council listening to the tape of the Board meeting, satisfied him that the majority of the Board was convinced that substantial justice, and maintaining the spirit of the zoning ordinance was best served by granting Mr. Peters a variance in this case. Anderson told Council Whitaker's arguments do have merit; his arguments were that no proof of practical difficult and unnecessary hardships was presented and the Board did not make the decision based on the factors found in Section 2-22 (d) . Anderson told Council he spoke with Chairman Remo Lavagnino, who expressed contrary view. Anderson said the Board was very thorough in questioning the applicant and the variance was not granted flippantly. Anderson said there is no evidence that the Board members in favor of the variance did not take the issue raised by Whitaker into account in the consideration. Anderson recommended the city attorney's office be directed to give an update in writing to the Board clarifying their legal responsibilities and obligations. Anderson suggested Taddune help the Board articulate the reasons and background for each decision. Anderson said the consultants simplifying the code should be asked to clarify the role and duties of the Board. Also, the definition of "duplex" should be redone to eliminate any misunderstanding of the nature and extent of the common wall requirement. Anderson told Council., in listening to the tape, he was impressed with the Board's commitment to the community and the their job as Board members. Francis Whitaker, Board of Adjustment, told Council he feels the process has been distorted in favor of the applicant. Whitaker said he feels his position is in the best interest of the city and is in support of the zoning ordinance and is to protect the intent of the general plan. Frank Peters, applicant, told 18 Regular Meeting __ Aspen Citv Council September 22,__..1.986 Council this procedure took over 6 weeks, and he received a majority vote from the Board. Peters said the public interest is not being served. Peters said the other Board members took a position after a two hour hearing, and Whitaker's position, as expressed in his letter, is not inaccurate. Mayor Stirling said he does not support pursuit of Whitaker's position, and the city manager's report corroborates that position. Mayor Stirling said Council may want to affirm that the definition of duplex be redone. Francis Whitaker told Council then-city attorney Sandra Stuller's memorandum dated 1974 is the last written information from the city attorney's office. Whitaker requested Council instruct the attorney's office to clarify in writing the legal responsibilities of the Board. City Attorney Taddune said he has discussed these concerns with the code simplification task force. Taddune told Council the Board of Adjustment makes rulings on facts and circumstances presented to the Board. Taddune said the Board does not establish precedence but examines each situation on a case by case basis. Councilman Collins said every case should be treated the same, and the Board should be consistent. The duplex definition becomes subjective and the Board has set a precedence and anyone can use this case in order to get a variance. Councilman Collins said this section should have a single interpretation. Mayor Stirling moved to take the recommendations of City Manager Anderson's memorandum, last two paragraphs on page 2 and paragraph on page 3 and instruct the manager to implement those; seconded by Councilwoman Walls. All in favor, motion carried. Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda was La Cocina liquor license renewal. All in favor, motion carried. Council went into executive session regarding the Red Roof Inn at 9:00 p.m. Bil Dunaway, Aspen Times, questioned the need for an executive session. City Attorney Taddune said this item includes possibility of foreclosure as well as negotiations. Dunaway said the city should solicit proposals, the way it has done in the past. Mayor Stirling said the city has reserved the right as a third party to approve the note. Don Fleisher said he intended to be present to discuss the Volk property encroachment, which Council ref erred to staff. Fleisher told Council they are ready to pour concrete and need a decision. They have been dealing with this for 4 months and have not been able to find an alternative location. The applicant would 1 ike this placed next to another gas meter presently encroaching in the alley. Fleisher told Council he will put bollards around the gas meter in the alley. Mayor Stirling asked if there is a 19 Regular Meeting -- Aspen City Council September 22, 1986 possibility to place this inside the building. Fleisher told Council the gas company will not allow that. Fleisher said locating the gas meter in the open space is not a very attractive alternative, either for the city or the property. Mayor Stirling moved to continue this meeting to September 23, 1986 , at 1 : 00 p, m. and have Councilmembers view the site; seconded by Councilman Isaac. All in favor, motion carried. Kathryn Koch, City Clerk 20