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HomeMy WebLinkAboutminutes.council.19870928Regular Meeting Aspen City Council September 28, 1987 SCHEDULED PUBLIC APPEARANCES 1 Kent Reid, Aspen Theatre Company, 1 Increase in parking fines. 1 CITIZENS COMMENTS 2 COUNCILMEMBER COMMENTS 3 UNDERGROUND DISTRICT 4 ORDINANCE #32, SERIES OF 1987 - Flood Plain 6 ORDINANCE #40, SERIES OF 1987 - MEAN Participation 7 ORDINANCE #39, SERIES OF 1987 - PCPA Loan Agreement 7 SNOW DUMP/IMPOUND LOT LOCATION 8 SHADOW MOUNTAIN TRAIL 11 SALE OF RED ROOF INNS 15 HPC SCORE APPEAL - Marolt and Berger 16 ORDINANCE #42, SERIES OF 1987 - Historic Preservation Incentives 18 517 NORTH STREET 2 0 NOT SANDING OF THE STREETS 26 ORDINANCE #41, SERIES OF 1987 - Galena Street Improvement District 27 ORDINANCE #43, SERIES OF 1987 - Amending CCLC 29 CIRSA INSURANCE DEDUCTIBLE 29 BOARDS AND COMMISSION APPOINTMENTS 29 RFTA TREES 30 REPORT ON AREA AND BULK 30 CANYON CABLE TV RATE INCREASE 31 33 Regular Meeting Aspen Cites CouBcil September 28. 1987 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Gassman and Fallin present. SCHEDULED PUBLIC APPEARANCES, 1. Kent Reid, Aspen Theatre Company, asked Council's approval for theiz tent being located on the snowmelt property for next summer. Reid told Council they had a very successful summer at that location and received a lot of positive feedback. Reid said in order to plan next summer season and to apply for grants, they need some assurance from Council they would be interested in having the tent at that location. Councilman Isaac noted a lot will depend on what is happening with the snow dump. Councilman Isaac said this will be discussed later on the agenda, and it is premature to say that nothing will happen in that area. 2. Increase in marking f.~nes. Brooke Peterson, municipal judge, told Council the parameters of the law are the statutory maximums for fines are set by the state legislature for a violation of any municipal ordinance. These are imposed by the municipal judges. Peterson said he would like Council's input before he raises the parking fees. Peterson told Council he does not view any fines he imposes as revenues raising devices for the city; that is not the purpose for establishing fines. Peterson said there is no deterrent of the violations of the parking regulations by the f Ines presently in effect. Some of the f Ines have not been adjusted for 10 years. Peterson told Council the reason he is considering raising the fines is f or the deterrence factor. Mayor Stirling said all other fees are set by Council. Peterson pointed out this is a fine for violation of a municipal ordinance. Rich Rianoshek, police chief, pointed out in Aspen there is no fee for parking legally, no stickers for parking or parking meters. Rianoshek said the cost of enforcing the timed parking has risen dramatically in the last 10 years. Rianoshek said the philosophy of timed parking is to have these spaces available for people to get in and out so that there is turn over in the core area. Rianoshek said the sense of what is happening is that people are parking all day in the core area and are more than willing to pay $5. Rianoshek said he f eels the proposed fines are appropriate to help off set the cost of conducting public safety in town. Rianoshek noted the philosophical question is if it is appropriate to fine users f or the service. Rianoshek said he feels there have been a governmental move to do that rather than put the burden of the cost of the parking control division on all citizens of Aspen. Councilman Isaac agreed that the $5 fine is not working as a deterrent at all. Councilman Isaac questioned if a $10 fine 1 Regular Me~tina Aspen City Council September 28, 1987 would be enough. Councilman Isaac encouraged the judge to make the change in the fines. Peterson told Council some comments he received from citizens were that the amount of time allowed to park is inappropriate from a merchant's standpoint; no one can get anything done in half and hour. Councilman Isaac said the reality of half hour parking is that the city does not have enough patrol people to come by every half hour. City Manager Bob Anderson questioned if it is appropriate for the city to post some restrictions that the city has no ability to enforce. Rianoshek told Council after some research, Aspen is at the bottom level of the spectrum for traffic fines. Councilman Gassman said he feels the fines should be high enough to have some deterrent effect. If people want to park all day, it ought to cost a lot because that represents a cost to the community and to the merchants. Councilman Gassman said the parking fines should also be high enough to cover cost of enforcement, whatever level Council determines that to be. Mayor Stirling said it is tricky in a resort to try and defend person power with fees. Mayor Stirling said trying to pump resources though parking fees will irritate visitors. Mayor Stirling said he would like to get at the chronic offenders. Council also needs to address the entire downtown circulation issue. Councilman Gassman said raising revenues is secondary, circulation would much better if people did not park downtown all day. Councilwoman Fallin said this is within the parameters of the judge and Council should leave it that way. Mayor Stirling said he is against the increase. Mayor Stirling said he would like to lay the burden on the chronic offenders and have the fine increase per offense. Peterson told Council the dog offense fines double each time someone is caught. Councilman Isaac agreed he would like to see multiple offenders fined more heavily. Peterson told Council he plans to have these fines go into effect December 1st. Sy Coleman said the police department could re-ticket cars every hour. Roger Hunt encouraged the city to make the fines considerably higher for safety violations, like parking in crosswalks. CITIZENS COMMENTS 1. Julie Paxton, Dickens Carollers, told Council CCLC did not put the Dickens Carollers in their budget f or 1987 and suggested they come to Council to see if there is money available. Ms. Paxton told Council the Dickens Carollers have sung on the mall at Christmas time for the past two years. Ms. Paxton told Council this will cost 52500, and the only money the CCL C has left is money to go for newspaper stands. Council requested this be put on October 12 agenda. 2 Regular Meeting Ashen CitX Council September 28, 1-987,_ 2. Ray Bates, 819 East Hopkins, asked if there has been anything done f or payment f or undergrounding f or people that are on fixed incomes. Chuck Roth, engineering department, told Council he has taken this to the senior citizens' council, and Marty Ames will be scheduled on the October 26th agenda for guidelines for senior citizens. Bates said this project will be putting some people in debt. COUNCI-i,MEMBER ~COMMENT~S 1. City Manager Bob Anderson told Council there is a request from the Commissioners to have a j oint meeting with Council on budgetary issues and on space. Anderson said there is a need to have a separate meeting to deal with pollution control standards and how the city and county relate on this issue. Council scheduled the joint meeting with the Commissioners on T uesday, October 20th at 5 p.m. 2. Councilman Gassman said he would like to have engineering department look at the west side of North Mill street, north of the turn off to the post office. Councilman Gassman said there are buildings there with a parking lot that oozes into the street. This area gets a lot of pedestrian traffic and there should be a sidewalk in this area. 3. Councilman Isaac said RFTA asked him to add an item to the agenda dealing with the landscaping at Rubey park. RFTA would 1 ike to be abl a to take some trees out of the project . Councilman Isaac moved to add this to the agenda at VII (1) ; seconded by Councilwoman Fallin. All in favor, motion carried. 4. Councilman Isaac said Council received a letter from James E. Moore about using some water to irrigate his land next to Iselin park. Councilman Isaac requested a report f rom staf f on the next Council meeting. 5. Councilman Isaac said he saw a new city vehicle cleaning up the alleys. It seems to be a heavy duty vacuum cleaner sweeping up the alleys. Councilman Isaac said it looked like it was doing a good job. City Manager Bob Anderson said the city has been doing tests on various kinds of sweepers to see if they will do a better j ob. 6. Mayor Stirling said he has assigned times for each items on the agenda and will mention how much time is allotted. If Council does not finish during the allotted time, the item will be continued to the next meeting or addressed at the end of the meeting if there is time. 3 ReQUlar---Me-e-tirr4---___ -- -- ~ Ashen City Council September 28. 1987_ 7 . Mayor Stirling announced the city has received a grant f rom the Colorado Historical Society for X6,000 to assist with preservation planning activities in Aspen. Mayor Stirling acknowledged the planning office and Council for pursuing this grant. 8. Mayor Stirling said he has been reading in the newspapers discussions about the planning director and disclosure s to the Commissioners. Mayor Stirling asked if Council has any interest in discussing this. Council indicated they were not interested. City Manager Bob Anderson told Council what Alan Richman, planning director, did was cleared through the county manager and then the acting county manager. Anderson told Council he would have counselled Richman not to make the particular edits he did because there were not a big deal. Anderson stated his position is that Richman went through the people he was supposed to go through and it was not followed through with the elected offi- cials. Councilman Isaac said this is a county issue; their land use code was being evaluated. UNDERGROUND- ~7i~R I CT City Attorney Taddune told Council the underground district being held resolution. Ordinance #44, Series for first reading if Council feels This hearing has been noticed in notices to property owners. this is a public hearing on pursuant to the adoption of a of 1987, is being presented it is appropriate to do so. the newspape r and by mailing Chuck Roth, engineering department, reminded Council the project started out with the undergrounding of the main lines in the city a few years ago resulting from citizen interest in having the above ground wires removed from the streets and alley. The city bonded the project and then buried the main lines. The remaining work to be done in order to get the poles and wires underground is to attach all customers to the undergrounded main systems. This project will cost $488,000 to hook up all customers of the underground main system. The technique proposed to do this is an underground improvement district. This will give the city the ability to go on private property and to do the work in spite of protestations which might hold up the entire c ity. Thi s also gives a financing mechanism for property owners to pay off over a period of time. Mayor Stirling said if a property owner pays for their own drop, are they part of the district. Roth said in a sense that they want to see all the poles and wires come down, they are a part of the district. In the sense they would have a cost, they are not part of the district . Mayor Stirling asked how the $488, 000 costs will be paid. Roth said the city is hoping to do a bond 4 9 ~-- ----- ~ P Re ula-r- Meeti -- - 'As n City- Co-unc-il Se tember 28, 1987 issue, and this will be billed on property taxes and repaid over a 10 year period. Property owners will have the options to pay the entire bill in 30 days or to go on the tax rolls. Pat Dobie, consultant, told Council this summer he went around and estimated the cost of burying each individual service on each property. This cost was broken down for each property, and a letter was sent informing property owners of construction costs and administration costs of burying each service. Dobie said a geographic area for the district was established. Notices was sent to everyone in the district, regardless of whether they had overhead or underground service. People previously undergrounded were notified they were in the district but that they had no costs. People in the district with overhead connections were given an estimated costs and the proposal to bury the service if the district did the work. These people were given the option of having the work done themselves, in which case they would receive no bill from the city nor would there be any charges assessed against them. The letters itemized the construction costs, which were site specific, and the other was the share of the administration of the district to be assessed if the district did the undergrounding. Councilman Isaac asked the average cost for a one family house. Dobie said it is about $1200. Dobie told Council the way the district has been set up by statute is that district has the obligation to tell the property owners how much it will cost to bury the service and then to actually to the work for a cost not to exceed that amount. Dobie pointed out the estimates sent out were topset dollar amounts and tend to be 20 to 30 percent higher than the construction costs actually may be. Dobie said the condition of the trenching is not known. Dobie said he assumed a minor upgrading of services in town that property owners would want higher capacity services. Mayor Stirling opened the public hearing. Ray Bates, 819 East Hopkins, said he does not see the reasoning for a property owner having to take this project whether he wants to or not . Roth pointed out staff is looking at the issue of senior citizens and fixed incomes and assistance for these people. Mayor Stirling said the Council made the decision several years ago to underground the entire city. After that decision, it became apparent that everyone had to pay for their own drop to complete the undergrounding. Bates said he does not know why he has to do this if the city cannot make some adjust- ment for seniors. Bates said this is not a one shot deal, taxes keep going up. 5 Regular Meet~i-rrzr--_.-------._.__._ __._ _p,s~e~ -~it~, _CQanci~l __ _September_ 28. 1987 Roth told Council staff has not addressed f financing this for people on fixed incomes. There is some feeling the burden should go with the land, 1 ike a deferred tax 1 ien. Roger Hunt en- couraged Council to go ahead with the improvement district. Hunt told Council he is impressed with the way the engineering department has been keeping people informed. Mayor Stirling asked the schedule for dropping the poles if this district is f ormed. Dobie said the services will be buried next spring and everything should be undergrounded by September 1988. Sy Coleman said Holy Cross has a high voltage line along the Midland right- of-way and asked if that will be removed. Ed Grange, Holy Cross, said until all consumers connect to the underground line, they cannot remove the overhead line. Councilman Isaac moved to read Ordinance #44, Series of 1987; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #44 (Series of 1987) AN ORDINANCE CREATING A LOCAL IMPROVEMENT DISTRICT IN THE CITY OF ASPEN, COLORADO, TO BE KNOWN AS UNDER- GROUNDING IMPROVEMENT DISTRICT N0. 1, ORDERING THE REMOVAL OF EXISTING OVERHEAD ELECTRIC AND COMMUNICATION EQUIPMENT AND REPLACING THE SAME WITH UNDERGROUND ELECTRIC AND COMMUNICATION FACILITIES; PROVIDING TELEPHONE COMMUNICATION FACILITIES; PROVIDING OTHER DETAILS IN CONNECTION WITH THE DISTRICT was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #44, Series of 1987, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE ~#3-~~-~~-~ER~E-~--0~` 1987 - F10od Plain Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Paul Taddune, city attorney told Council he has clarified which map this ordinance refers to and inserted as revised effective June 4, 1987. Taddune told Council he substituted "flood plain administrator" with city engineer. Chuck Roth, engineering department said this ordinance gets the city in full compliance with the desires of the Federal Emergency Management Agency. The city did not have it clearly stated in the previous ordinance to permit site specific surveys by consulting engineers and take these into account during stream margin review procedures. Roth 6 R~c~txi~a~r ~ M~~t-i ng-_ _ _ _.-----..__. -- -p~-epe n --City Co unc ii. Sept ember 2 8 . _-19..8..7. told Council the city did it that way but it was not stated in the ordinance. Councilwoman Fallin moved to adopt Ordinance #32, Series of 1987, as amended, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDiNAN~E #4-~,--~E-R~E`S--OF--3-9-87 - MEAN Participation Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Jay Hammond, city engineer, told Council this will enact a procedure which will make the city of Aspen a full member of the Municipal Energy Agency of Nebraska, who is the supplier of the city's power. Hammond told Council this is in response to a change in Nebraska legislation. Previously cities outside of Nebraska could not be full members of MEAN. Hammond said this membership has benefits for the city, 1 ike voting on issues of rate setting. Councilwoman Fallin told Council she attended part of the recent MEAN meeting held in Aspen, and being part of MEAN will be to the city's advantage. Hammond pointed out that getting other customers that have winter peak demand evens the load they are providing for and will improve rates to Aspen and these other cities. Councilman Gassman asked if this will cost anything. Councilwoman Fallin said it will not. Councilman Isaac moved to adopt Ordinance #40, Series of 1987, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDi-I~AN~E #~9: ~ER~~-_-~F` 1-9$7 - PCPA Loan Agreement City Attorney Taddune pointed out that the payee should be Park Trust Ltd, a Colorado not for profit corporation. Taddune told Council thi s is an affiliate of PCPA and has the money. Taddune said PCPA requested the insertion of a default provision of 12 percent. Taddune said this 12 percent default provision is designed as an incentive to force the city to pay the money back at the end of the note because the note is not collateralized. It is a non-interest loan, payable in 5 years and there is no penalty to the city in not paying it back. Councilman Isaac asked if Council has to vote on this every year. Taddune said he will check the Charter to see if this will have to be by ordinance every year. Assistant City Manager Mitchell pointed out the PCPA will be transferring securities to the city and the city will get the interest on these securities. 7 Re gu i-a-r---Me-e-trncr-- -------------- _. _.-_ _ _A,~pe n C i tv-- -Crnm c i Sept emb e r -2 8 ,- 1.9 8 7 Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #39, Series of 1987, with amendment s to the Ordinance and to the note as stated by Paul Taddune; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling thanked the Pitkin County Parks Association on behalf of the Council and citizens for their generosity in helping making the purchase of the Zoline property possible. SNOW _ -DU MP / i M~P6~NU._ ~ OT- ~,~A'I' ~O~N Chuck Roth, engineering department, told Council staff visited the county land across from the sanitation district site and is not optimistic about trying to use this site as a snow dump. Roth said staff did inquire about using the site as an impound lot. Roth told Council the city did not get a favorable response from the sanitation district; however, they w ould be more interested in seeing an impound lot there than the snow dump. Roth said citizens continue to inquire about the possibilities of using multiple snow dump sites. Roth said staff has not put a lot of time in on that possibility. Roth said he does not feel real comfortable about using multiple sites but it is worth more exploration. Roth said the best possibility is using the current site and doing a better job with the site, make it more aesthetic with landscaping and mitigation measures to address the com- plaints. Roth said the question with the impound lot is having visitors have to drive out to the Airport Business Center to pick up their impounded car. Roth said staff does not feel this is a good site for the impound lot and would prefer to see the county land near the sanitation district site used as an impound lot. Roth told Council he has contacted the Army corps of Engineers to come look at wetland issues and will also contact the EPA if necessary. Mark Freidberg said it is a rotten idea to move the impound lot, which is an ugly eyesore, to a location where everyone who uses the Red Mountain road will be exposed to. People 1 iving in the Lone Pine condominiums will be looking right into the impound lot. Freidberg said moving the impound lot to this location is not solving the problem; it is creating a new problem. Freidberg said if a car is impounded, there is a reason for it and people should have to pay a penalty to go get the car. Councilman Isaac said if the city is going to multiple sites, he would like to know the cost of preparing each of these sites to compare with fixing the current snow dump site. Roth said there 8 Rea~l-ar---M~e~e~~t-rna --_-_--------- __ __ p~.s~.n---~i~_-- -Gounc-ii _ Septemrtrer 2$. 1-987 will be a cost associated with any snow dump site. Councilman Isaac said he likes the idea of multiple sites to spread out the impact but he would like to know if the cost for preparing multiple sites will be 3 or 4 times as much as one site. Roth said the county land is not large enough f or a single site but could be considered as one of the multiple sites. Roth said some of the suggested multiple sites are the parking lot at the M.A.A. , a parking 1 of near the Smuggler Tennis C1 ub, the Koch property. Councilman Gassman said with multiple sites, the city takes the same impact and spreads it around instead of just affecting a few people in town, you end up affecting everyone. Councilman Gassman said a smaller site would be almost as noisy and would have almost as much traffic. Councilman Gassman said he was very much in favor of moving the snow dump; however, he is coming to the view that the snow dump is where it is not because of caprice but because it is a good spot. Councilman Gassman said he feels what the city shoul d do i s deal with the problems of the current site and make it the best site possible. Councilman Gassman said some people are very much affected by that site but it probably affects the fewest number of people of any site that has been looked at. Councilman Gassman said the city should put in the money and effort to reduce the effect on the current site. Councilwoman Fallin stated she has been an opponent of the Rio Grande site for many years. However, where else does the city go with the snow dump. Councilwoman Fallin said she is not in favor of multiple sites; this will disrupt everybody and send trucks in many directions. Councilwoman Fallin asked if the city ever discussed taking the snow up to the water plant. Roth said this has not been discussed; however, staff did look into moving the impound lot up there. There was a problem f finding enough room for the impound lot plus the security of the water plant was a concern. Councilwoman Fallin asked about the possibility of the parking lot at the golf course; there's a lot of room in the parking lot with not a lot of vegetation, and not a lot of people will be affected by this location. Roth said a downside f or this location would be trucking the snow down Main street past the lodges. Assistant City Manager Mitchell told Council the golf course staff has plans to improve that parking lot with asphalt and landscaping. Bil Dunaway told Council on sunny days, that parking lot has a lot of cars and use by cross country skiers. Mayor Stirling stated he is against using the Aspen One property, and it is time Council makes a decision about the snow dump location. Mayor Stirling said this decision is going to cost the city money. 9 t~-qui-a r-i~t~~ti-rra~-- -_-- -_ __ _ _.. --A_s~e-n_ .~C i ty _ _~o urrc~_l . _ __Sept ember 2 8.. _1.9 8'7 Mayor Stirling moved to direct the manager to continue to research the snow melt system while at the ICMA meeting, and to continue to bring back by October 26 hard data on that, and that the city move toward that solution and determine what the costs will be, and that the city will use the Aspen One property f or one more winter on an interim basis, leaving it the way it is; seconded by Councilman Gassman. Mitchell told Council staf f has a schematic of the snow melt facility, the size necessary, and the cost is in excess of $650,000. Councilman Isaac said he is not in favor of a snow melt machine; it is a waste of energy. This machine will have to be located somewhere. Mayor Stirling said with multiple sites, the city could chose denuded sites and treat everybody more equally. Also, this would not be using open space. Council man Gassman said he would like to have a better idea of what the Aspen One property would look like if the city spent money landscaping and designing it. Councilman Gassman said if t his could be dug down so that the snow is not a mountain with some landscaping around the edges, it might not be so bad. Councilman Gassman agreed with looking into a snow melt facility. Remo Lavagnino said of all the 20 alternative sites, the Rio Grande property is the most expensive. Most of the other sites are not encumbered with sixth penny tax consideration. Lavagnino said staff has not addressed the legal ramifications of using this property. Lavagnino said it is ludicrous to talk about a pond because when the snow melts, the water will be brackish, laden with trash and street dirt. Councilman Gassman and Mayor Stirling in favor; Councilman Isaac and Councilwoman Fallin opposed. Motion NOT carried. Councilman Isaac moved to direct the city manager to initiate development of the Aspen One site as a permanent snow dump facility and to take this proposal through the public process of P & Z and Council. Motion DIES for lack of a second. Mayor Stirling moved to continue this item to the October 12 agenda; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Stirling said the issue of the Aspen Theatre Company tent should either be addressed at budget time or as a separate agenda item. Councilman Isaac agreed Council cannot decide the tent issue until they decide what to do with the snow dump. Councilman Gassman said he thought last time Council discussed the impound lot, there was agreement to use the short term holding cars at the airport and long term at the dump. 10 - ~~en C i Eaurrc ,~S~e-~t embe_r__ _ ~ 8-.._ . 1-9-8-~. Rego 1-ar-i~+!be-e~ti rr~ - ------------ -- -ty-- Councilwoman Fallin moved to move to have the short term storage of cars to the Airport Business Center and long term at the dump; seconded by Councilwoman Fallin. Councilman Isaac said he would like information on the costs and to see a proposed contract. Councilman Gassman said the costs should be paid out of the towing. City Manager Bob Anderson said the owners of the Airport Business Center have not been in favor of this proposal but he is not convinced it cannot be done. Roth said the reason staff brought this back is that they thought they had found a better location for the impound lot than the Airport Business Center. All in favor, motion carried. SH ADOinfi- _ ~ Mayor Stirling said Hans Gramiger has offered to donate a 5 foot trail easement on his property adjacent to the public right-of- way on Hopkins street. Assistant City Manager Mitchell said staff is recommending acceptance of the easement donation. Mitchell told Council staff looked into the trail alignment in the Shadow Mountain area. There was some consideration to a higher alignment. Staff met with all the property owners, and it became evident that in order to do the higher alignment it would require Council to condemn property for trail easements because there are at 3 to 5 property owners that would not donate or sell easements. Mitchell told Council staff had a survey done to put the trail along Hopkins to Seventh street, cross over Seventh street and tie in with the Marolt bridge. Mitchell pointed out it is necessary to get 12 feet so that the Pisten Bully can prepare the tracks during the winter. Mitchell told Council there's only a small portion on the eastern part of Gramiger's property where the city would have to go into his berm to get the necessary 12 feet. Mayor Stirling questioned why the city needs this easement if most of it will be in the city-s right-of-way. This easement is so close to the street, it is like being in the street. Mitchell replied the city needs the 5 feet to get the 12 feet necessary off the street to get a trail which will be 12 feet necessary for the Pisten Bully to set the tracks. Hans Gramiger told Council he has some conditions. One is that the trail continue across Seventh street but goes on the west side of Seventh street up to the bridge entrance. Mitchell said that is what the city plans to do. Mitchell told Council the county currently has an easement on Mr. Hart's property for expanding Seventh street. Mitchell said the city staff has 11 Re u~rl a-r--i~t rrq ----------- --- --As pin -City--Council-- -~~t em-be r _ 2 8 , 19 87 talked to the county, and they are agreeable to recommending that the easements be flip flopped so rather than being on Hart's northern portion of his property, it will be switched to the southern portion. Mitchell told Council if the city gets agreement from Hart, this will be acquired at no cost. There is only a small portion on the Sawmill property the city will need to acquire from the current owner. Mitchell pointed out the city has sufficient right-of-way on Sawmill except for a small portion near the driveway. Mitchell said the trail will be in the city-right-of-way to Fourth street to the city-owned property to the Ice Garden. Mitchell said the city will put a temporary trail entrance there. Then the city will need to work out easements with Reeder and Tucker in order to hook up with the Koch lumber property. Allan Blomquist pointed out the parcel that was just sold to Chris Sheehan, and a government parcel. Blomquist said the right-of- way is 75 feet through the entire length of the city until it reaches this property. It is only 55 feet, and Gramiger is offering 5 feet. Blomquist pointed out if Gramiger were sub- dividing his property, he would be asked for the full 20 feet so it would be a unif orm street width. Blomquist showed Council that the official master plan calls for a trail up higher. City staff meet with effected owners and was told that the owners were not interested in deeding that right- of-way. Blomquist noted staff's memorandum recommends accepting this as a trail easement as an alternative to the official plan. Blomquist said the county attorney has told him if the city accepts this 5 foot easement for trail purpose, the city will weaken their case if they ever want the correct right-of-way as shown on the official plan. Blomquist told Council accepting this right-of-way would be a repudiation of the higher trail. Blomquist said the county obtained an entire right-of -way from the Parlour Car development and obtained extra right-of-way to make the full 75 foot width on Hopkins as well as got a park on Shadow mountain. Blomquist pointed out the properties the city has purchased, Little Cloud and from Head et al. Blomquist said the city could get an opinion of value and could condemn it probably for under $50,000. Blomquist said the trail is of much civic concern and the city might get some assistance from the outside. Blomquist said Council should instruct staff to do a complete analysis of Shadow Mountain. Blomquist showed where the city line is and noted this is giving the city an easement in the county, which complicates the county review process. Blomquist said this easement might also be presumed to be sufficient instead of the 20 feet that would widen the street. 12 R-eatzl-ar-M~e-etina -- --.____A--Ei-ty_ -.Cc~uncri-- -September - ~8. __.187 Blomquist told Council there is an application in th have a f oint lot line adjustment. Blomquist recommended the city meeting with the county before any action is taken. BlOe qas sa suggested the city ask the t°20sfeet beldedi atedgas part of condition of the conveyance tha the street and that the trail easement be dedicatuddaask dPitkin the master plan. Blomquist said the city sho County to request in the lot 1 ine adjustment both th d nea otiate the street easements. Blomquist said the city shoul g a small strip with Stan Johnson on a right-of-wain the 1 city should pursue a from Lyle Reeder. Blomquist sa prescriptive right-of-way on the Midland right~o ha aybeen in use from the Koch lumber toe ~fsth Blomquist pointed out this would continuously for many y allow the city to negotiate the Reeder and Trucker ptheelsrnperty position of strength. Blomquist suggested all P owners in this area should join with the planning ofom rehena treat all the separate parcels as paareo several Dactions which slue plan. Blomquist said there seemingly subvert the intention of comprehensive planning. Blomquist told Council the PCPA has reviewed this and has retained counsel to examine these matters further. Jon Mulford, representing the PCPA, told Council hidesirablenbut tion to the PCPA is that the higher trail is more it is premature to deal with all the different property owners now. Mulford noted as each property owner decides to heh city going to do with his property rovalwil Thaty ist a more appropriate or county for development app ested time to deal with a realignment of the trail. Mulford sugg Council look upon Gramiger s offer to dedicate 5 feet along Hopkins street as an interim solution. Craig Ward, Nordic Council, told Council he is concerned about the proposed alignment because it is not a very son ea asegarated Ward said the city did not spend r o rocertiesy that have been pedestrian bridge and all the othe p p bought in this area just to put a trail right a d notthavetspent Ward said the city could have b ~ It shou ad t blenthis and look at all that money. Ward said Coun i the hard costs and ways of obtaining the best solution. Hans Gramiger told Council the condition of his gift is contin- gent on going across the street on Seventh street. Gramitorteoms Council he will only give the ent. 1Gramigertpointed out if he that this is the permanent alignm went to the county with a development proposal and the county extracted this easement, he would not be penalized by deduction of a square foot area. Gramiger said also the easement should be counted within the setback. Gramiger said he is not going t o 13 • ---------~s-~e-n_ -~ity.__Counc~' 1: _ Se~t-emb-ear _ 2 8_.-_--1-g-g~ ul setback 30 feet from the 5 foot easement he is giiler. saidaasgan said these details can be worked out later. Gram g alternative to the gift, the city could buy this eassaidthewdoes would cost about $14,000 ~ on ah condemna~tionracaser because they not feel the city could could not prove the need. Gramiger pointed out ri ise. w Gramiger Pisten Bully on the trail, which makes a lot of suggested leaving the noise on the existing noistheoimlact where the street. Gramiger said the city should keep P the impact has always been negative. Councilman Gassman said this is a sub-standard street. Councily doesn't run cross country ski trails down the streets. man Gassman said there are driveways going across and tri asaid the it does not make any sense at all. Councilman Gassma city has put a lot of effort in coming uP own is n tl as whimn over the years, and where t sterralan lsite is a good site for Councilman Gassman said the ma P the trail. The city and county have already spent public money to acquire easements to make the trail work. e ° s of meffort sand said this would be completely redesigning y expenditure and would be comforting ourselves with the f fiction that 5 feet along the street is a trail. Councilman Gassman moved to refuse the offer of the little 5 feet along the street; seconded by Councilwoman Fallin. Councilman Isaac said his concern is by note tra 1 s that have interim basis, there is no access from th already been initiated to the Marolt bridge. Councilman Isaac said he still prefers the hill location. Gramiger said there may be a position between interim and permanent. Gramiger said is he applied for a subdivision the trail would bl eXimmunedfrom esub~ because of the court actions, he is proba y division. Gramiger told Council once the restaura n because property is developed, the trail could be looked at ag it would not bother anyone. Mitchell pointed r~zinlf staffcto passes this motion, they will need a motion autho g condemn easements to acquire them for a trail. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Stirling moved to direct staff to bring alternatives to Council about solutions f or the upper tra i 1 , we 1 he 1 searse preferred alignment, the recommended alignment ov Y and Council begin to consider the consequences of that and make decisions about proceeding; seconded by Councilman Gassman. All in favor, motion carried. 14 Re~gtri-ter--Mere~ti-rnr _. ____ _-----As.p,~-n-- ~ i tv--C-ourrc i~. _ _ _ -~~nt em b e r__ __2. g ~ ----i_ 9-8 7 ~A~E-f~1~~E'H --R6~~'--i- City Manager Bob Anderson told Council the city ha se rResorts three proposals for Red Roof Inn. One is from Vill g for a cash purchase price of $2,050,000. The initial proposal was a 45 day due diligence period after signing the contract, which there would be 15 days to do, during which time the earnest money of 5100,000 could be received for the asking. Anderson told Council Village Resorts has since revisosetof Ph sosis to the diligence period is 30 days. The purp finally determine if they want the property. Anderson said he is concerned this is an unlimited contingency. Anderson said Village Resorts told the city they would use this due diligence time to complete their studies on the structural stability. Anderson is not recommending that any of the three offers be accepted tonight. Anderson suggested to Village Resorts if they could offer option money for the privilege they ar omsCarrollton would be more acceptable. The second proposal is fr Dominion group for $2,400,000 and essentially requi to m he They to finance the proposal 100 percent in the short would make interest only payments for a perinaerest rate tof r9 would be several balloon payments with an percent . Anderson said the city has given clear signals they are not anxious to get into the financing of this property. The third proposal is from Thomas Lacy, who has tarokeerto for M.A.A and housing, and who proposes to buy the p p Y $1,350,000 with promises to put improvements to bring the price up to $2,000,000. Lacy proposes the city buy back office space in the property at a rate which would almost cover the payments. Assistant City Manager Mitchell said there are pe he s Will ohave groups who are interested and have indicated y detailed proposals into the city by the endkS fto allowe the Anderson recommended no action for two wee purchasers to alter their proposal to be more attractive to the city or to allow other proposals. Councilwoman Fallin said the only offer she would be interested in is Village Resorts. Council turned down both the Thomas Lacy and Carrollton Dominion offers before. Councilwoman Fallin said some of the contingencies in Village Resorts proposal Council cannot even guarantee. Councilwoman Fallin saine sth offer of willing to table this until October 12 to refs Village Resorts. Councilman Gassman said th ssman sad he would saleable piece of property. Councilman Ga prefer to have Council figure out what the city can do with it, and what is the best use from the public point of view. 15 Recttx~~r -i~ieetl~u~ - -~~s~n_~City_ Eo-unci~ - _ Seate~m~er ~2-8: _198 Councilman Gassman moved not to entertain any more offers to buy the Red Roof Inns and put on a future agenda a discussion of what to do with it; seconded by Mayor Stirling. Councilman Isaac said the city has a serious offer and it is worth going into discussions about it. Councilman sI fool ishness~ say the city is not going to sell Counce man Isaac said if the This is a good and sellable asse city does not sell the Red Roof, there is a crisis in the land fund to pay for the Zoline property. Dick Butera said this all sounds very familiar. Council does not have the right to bandy around the city s assets. Butera said it has been 12 months since he had a bid that was for s llc his accepted. Butera said the direcra sa d he haso never seen a sale property was pretty clear. Bute of real estate handled this way. Butera said public bodies sell property by putting public notice out, having a hire al broker having legitimate bidders put money on the table or to do these things. Butera said Council should set some criteria of what they want this property to be in the future, put a public notice in the newspaper and take care of taxpayers assets. Councilman Gassman and Mayor Stirling in OT carried,cilman Isaac and Councilwoman Fallin opposed. Motion N Councilwoman Fallin moved to table this until Octob Councilwoman seconded by Councilman Isaac. Councilman Isaac and Fallin in favor, Councilman Gassman and Mayor Stirling opposed. Motion NOT carried. -~6~rp~~, - Marolt and Berger Stev e B ur ste in, planning office, reminded C thecnew ph' sp oric owners were given 120 days from the rat Pn s not f their structures. preservation regulations to appeal g Burstein told Council this time period ended two structu ~es was rating system is set up so that 0 to 5 for assigned; 5 being high as an unaltered structure with historic significance for the neighborhood. Structures with a rating of 4 or 5 are subject to demolition review as those structurhouldlbe have historic significance such that there demolition s reviewed by the city before proceeding. The purpose of the demolition review is to provide process to obtain agatem use wand the owner and the city regarding the most appro pr preservation for the structure whenever possible. Burstein showed Council some pictures of the Marolt house, 6 29 West Smuggler. The owner has requested a low ood aconditione owner's concerns are that the house is not in g 16 • --As~e~rr -C itv~-_-Co-un-c-i ~ ____-_ ge.xst emb~e-r- _2 8-,-_ t 9~~ R~e~u~ _ ~~ that the neighborhood has changed a lot because of new construc- tion; alterations have occurred to the house inclugursteinmtold siding and an addition to the he its obeine t~eated unfairly as a Council the applicant feels g life long resident of Aspen and an owner of a structure he has taken care of that his property values may be affected by having demolition review. Burstein told Council HPC gave the structure a 4 ratings o°ch sidering its original architectural elements, including p trim work, the gable and shingles, its site where it was origin- ally built in 1886, and its contribution to the hiseo is not la t5 of the neighborhood. Burstein said the structur because it has been altered. The assessment of HPC and staff is that those changes have not significantly detracted from the historic significance of the structure. It does represent an important historical style in Aspen and contribur commended historic character of the neighborhood. Burstein Burstein Council affirm the rating HPC 9asew h the applicant, who is not told Council he has discussed thi interested in having any kind of historic designation. Mayor Stirling moved to affirm the rating placed on the Ma r of t structure of 4 by the HPC; seconded by Councilman Isaac. Mary Martin said she feels very strongly that a citizen has the right to appeal their score and that Council should listen to them. Historic preservation was not put in e~ac sinole house family from having a house. Ms. Martin said ev y g in Aspen has been altered. Ms. Martin said it is a penalty to put historic preservation on a few when•X monthsre monstrous houses that have been allowed in the last si All in favor, with the exception of Councilwoman Fallin. Motion carried. Burstein showed photos of the Berger house located ave occurred Gillespie. Burstein pointed out numerous changes h to the structure; there is a major addition to the north extend- ing behind the structure. Burstein noted this addition is hardly visible from the street. The major alteration to t closede and da of the structure is that the doubl eh hunge windows have been circular window added. The the replaced with single glazing. Burstein said for a 4 rating, concern is the effect on the historic charagursteinttoldtCouncil and the contribution to the neighborhood. HPC considered the structure was built in the 1890's; it is a typical Victorian L-shape house with 12 by 1 f the f s t uct re. vertical windows, the bay on Brous Victorians in the neighbor- Burstein said this is one of num 17 - -- ~ -C-itv--~ourrc-i l- _ __ Sept emtre~r- 2 8 : _ ~7 }-a~r--i~te-e trrra- '~ hood. The Hallam lake neighborhood has been considered as a potential small historic district because of the alon1tLake historic structures in it. There are 13 structures g street, and this structure makes a significant contribution to this. Burstein recommended this be affirmed at a 4 rating. Mayor Stirling moved to affirm the rating on the Berger house made by the HPC; seconded by Councilman Isaac. Mayor Stirling said this does not place any tructuresstouhaveea on a permanent list. It only requires these s demolition review. This is a single step of review and gives the public a chance to express their view. All in favor, with the exception of Councilwoman Fallin. Motion carried. O~..N-~;~F-_ ~-4-~----~i~-IE-3----~F-i-9-8~ - H i st o r i c P reservation Incentive s Steve Burstein, planning off ice, reminded Council this was prepared at their direction given at a September 8 work session. This ordinance includes both land use and financial incentives. Burstein pointed out the whereas clauses give legi slatiThere tare and f i nd i ngs f or the need fn r codeh Sectionvl4 establishes a specific amendments to the zone g grant program for historic designation. Burstein told Council the incentives are conditional uses for bedr as dublex kuses on boarding house, and for two dntalotd area, lrelaxationpof dimen- a parcel containing sufficie sional requirements, setbacks, distances bhewallowedufloorsare limited expansion of 500 square feet above ratio, reduction of the garage or carport FAR exemptioduction600 to 400 square feet. There is a sp Ceale~e ~ droom. reThe grant the parking requirement of 1 spa p program is for $2,000 to owners of structuresl0 fst uctures per historic designation. This would be limited to on the year. The eligibility for this grant is bamone prther c ty could finance department's analysis ton enc f nd of $ 9,000 annually. afford to spend out of the con g Y It was felt that $20,000 was reasonable. Burstein said this fund could be increased if Council chose to budget for the havge abeen 1988. Burstein said other financial incentive discussed and may still be valid for later consideration. Councilman Isaac moved to read Ordinance #42, Serie carried87~ seconded by Councilwoman Fallin. All in favor, motion ORDINANCE #42 (Series of 1987) 18 Riau ,. ~ . ___._.---_T--~~n--amity-- Co-un~1_= - ~ex~t~rrbe~x`--~-8 ,-- .1.g~8-7- AN ORDINANCE OF CITY COUNCIL CREATING US PROV SIC DESIGNATION GRANT PROGRAM AND OFNTHEG MUNIOCIPAL CODE ONS OF CHAPTER 24 (ZONING) INCLUDING DEFINITIONS, SECTION 24- U•SESFAPPEARINGIPIN CODE; THE TABLE OF CONDITIONAL SECTION 24-3.2, PERTAINING TO THE RESI AREAAANDO BULK AND COMMERCIAL CORE ZONE DISTRICTS; REQUIREMENTS, SECTION 24-3 .4; MEASURING FLOOR AREA FOR FLOOR AREA RATION AND ALLOWABLE FLOOR AREA, SECTION 24- 3 .7 (E) (2) ; NUMBERED PARKING SPACES CTQUAND ~H S OROC 24-4.5; AND HISTOR ~ -9(CR(1) (DI TO CREATE INCENTIVES LANDMARKS , SECT ION FOR DESIGNATED HISTORIC STRUCTURE IN RESIDENTIAL ZONE DISTRICTS was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #42, Seris of 1987, on first reading; seconded by Councilman Isaac. Councilman Isaac said he has problems with th d nance,n andt any program. There are no condi cannsetnS2 OOO~r Councilman Isaac structure with a 4 or 5 rating g said the city ought to get something for nhain$X~Omany lyearsn agreement they won't demo ils shouldbdis uss where the money is Councilman Isaac said Coun coming from in a long term plan, and not just the contingency fund. Councilwoman Fallin said Council discussed pafflfeelsmthe on the grant before it was given. Bus f ficien t to undertake an designation process alone would be analysis of the worth of the structure. Burstein said it is possible to come up with more criteria. One Councilmember feared it would become a competition and would require a great deal of time to administer. Burstein noted the grant is only available upon designation os a historic landmark. Mayor Stirling asked why the grant program is iOmstructures rper tures with scores of 4 and 5. o B ar~stei Burstein said he feel s year is a fairly limited pr g structures scored 3, 4 or 5 are structures of strongest interest but the program should be somewhat selective. Councilman Isaac said the city should find a source of funding for tune ilman aIsaac also have the community share in the expense. Co said $ 20 , 000 per year as a property tax would be 1/10 of a mill per $100,000 value per house, which would be X10 per year. Councilman Isaac said historic preservation impannot think aof e a of all the houses. Mayor Stirling said he better way to spend Council's contingency money than on this program. Councilwoman Fallin said the reason Council picked the contingency fund is that there may not be that maonid to tabl ish la the first year. In the 1989 budget, Council c definite source. Councilman Gassman agreed this should be funded 19 .. ~,t._ -______-A-~xs~r-_-~ity~ Crn~rr,rr_-;1-. _.-.._Be rJt emrhe r---2-g-; --1--g$-~. from the contingency fund the first year. CO taxllthis program disagreed this should be funded be ofunded from a regressive tax. benefits everyone and should no Roll call vote; Councilmembers Gassman, yes; Fall in, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mary Martin asked if this grant program would allr desi cnated The city should address what is to happen to g ro erties. Burstein pointed out this ordinance would ill to lall P P use incentives throughout the district, indtwoo newly designated structures. The grant would only app Y structures. 5~.-~--1d8R~i~ --~•~.~r City Attorney Taddune presented Council with aastmCouncil outlining the background of this issueave atshowe cause hearing, meeting, it was agreed the city should h which hearing was held September 23. Taddu eats a t he hearing. architects, staff and Bill Martin were pres Taddune told Council the points that were fished ony theesite,phad dents. The structure, which had been demol been built on a plateau, which was leveled prior to ctreetueleva- The undisturbed natural grade was higher than the s tion, which was the elevation the building departmen usw contacts to make calculations. Second, there had been numero with the building department prior to and after the complaint, and the contractor provided information. Third the contractor understood the building departementt actionW construction to proceed without the triment f inbfinalizing the which the contractor did to its de exterior and interior trim. Taddune said the horeht f the building is not integral to the desigad been ebrought to the building department's inter earlier~n concern of height could attention of the architect easily have been remedied. Utilizing the prior existing natural grade, the building is either in compliance or in a sv underm the way over the height limitation, or perhaps 6 inche height requirements. Taddune told Council a photograph wasmonha planning office seems to confirm t hototra htructure plateau. Taddune showed Council the p g P Taddune said whether the house is over the heigrade imilf tthe depends on the measurement of undist construction was a hill and undisturbed natural grade prior to that hill was leveled to facilitate construction. romethehnatural would be higher from the leveled gcase lawn he city would be grade. Taddune stated under existing 20 1 ar---t-i-Tm-- A -Ci - Eo~~i-~__--- Hept~r.__~ 8 ~__~_98-7 estopped from enforcing from a De minimus violation. Taddune submitted the leading case in Colorado. Taddune ~SlWereuadamant response to the show cause hearing, the responden the building was not in violation. Taddune said he requested the respondents to further investigate and to produce any information possible to Council. Andy Hecht, representing the applicant, said it wei ht res ticn the press that there was an intent to vinot ttrue e hThe principals tion. Hecht stated that is absolutely are the contractors on the job; they gained nothin e from the height. Hecht pointed out the house seems massiv street because it is situated that way, ther e i s ur her t ward Hecht showed that the prior house was turned much f the alley. Hecht said the way the Code is written is that the height of the house is not measured from the street, which may be where the impact occurs. The code is worded so that the height is measured from the slope beneath the ridge line. Hecht told Council the prior house was demolished ied Cforo and 1986. In February 1987 a building permit was appl issued in March. Hecht told Council no one ev ubm tt d f or the took the natural grwas submitted hw thlaco tours that showed a building permit, it demolished site. Hecht presented contours and sdde nl wand the grading occurred. The land drop ed ~ t in ry The survey shows contractors took dirt and pp various contours with an elevation of 102.35 in the alley and shows the existing grades which were left afte benchmark1itiThe There is a 102.85 elevation, r 00 wasllowerhon North street and contour map shows that the prope y did go up. There is an elevation across the alley ersl~ sled to elevation on the road of 99. The property own reconstruct what the elevation was at two ridge lines. The building department tried to re-create the mosbuildinrvcould situation that existed and based on that said the g be 6 to 14 inches too high. Jim Wilson, building inspector, showed Councilrelative gelevat runs parallel to North street was around a 101 tion. Wilson showed Council what the buildSa9dd101 risein considered at undisturbed natural grHecht told tCouncil when the the hole, the excavation already. plans were submitted, the architect spent a week teyowners hadpan with all the codes. Neither the architects nor th idea that the height was not considered or checkedt cannot tela they do not believe they are over the height bu Council that categorically. 21 de artment had Bob Kendig said this drawing was all a hshowl cause hearing, .the av a i 1 abl e . When the city had th applicants referred to a number of the ,g ai.cations arepthatoas house was removed off thot fwasttaken ewith it as the house was much as one foot of the 1 demolished. Kendig pointed out the old topo map theow roundtwas drop in the front of the lot and a of ition eal of g taken out over the course of the dem oint in the entire Councilman Isaac asked the height d t ethathelevation, the house lot of 102.85 was used. Hecht sae is under 30 feet at the ridge line. Hecht s~a ktto the lleyp from the street, reach a high point, and go The alley is 102, there is a measurement across the alley Taddune there are measurements on the lot of 102.35 a nfac ~s are. Repre- said the city is trying to find out what th sentations have been made by the respondents. Tadd ove what Council there is no way the building depa~t cannot ndasprove this has happened. The building departmen because the problem did not come to their departmentd uwhen these the lot had been leveled. Counc~~~o nt ~ Fand lthere was a plan plans came to the building depa check, how was the height determined. Wilson told Council the hei ht was not determined through the plan check pro told Council g not explored until a complaint was ofc101ed• Wilson at that point, he used the contour Mayor Stirling said approval by the building departaretinstances make something legal. Taddune told tment bast stated the code to where people feel the building depa mean one thing, when in fact it might have meanot o tunit g for ea Taddune told Council staff has resisted any pp Y erson in the building department to ignore the co Taddune told P something go up in violation of the building co e. Council there have been cases where the code was cl da enforcement were clear and the city took decisive and rigs action. Taddune told Council in this particular si ow the ~laweis i s the dilemma of not being certain of s acase, at this point, applied to the facts. Taddune said in th it is not clearly known that there has been a vi over othe height said what is known that the height, if it is limitation the way the city would want to interpret it, is not an intentional violation. Bill Martin said it would have been prudent of th rade hlevel he go to the building department and a d a hsurveya map to determine should have used. Jack Freshman s Freshman said the the height has been presented by the builders. cit has not done any surveying of the lot. Fris fm from North Y this map is used, take the lot and divide it in ha 22 ' ~ot~rrci _._.ge,~-~nr~-r---2-g-,--lg-8-7 ~a-r----Me~e-ti-n-a- __ __ prs~e~r---ez-tv-_. street to the alley, and use the 101 the house is not are haerial code. Taddune said the maps that haveto o mauseseem to match topographic maps. Wilson said the aerial p P the site specific maps. Wilson pointed out the ge01r desihnation the 101 contour seemed to fit the approximately 1 g on the site specific survey. Kendi said the aerial topographic map is considerAbl1riel at rthe 9 lp in its contours that the actual sur close~ntobthe front of the time. The 101 contour is brought house because when the old house was demolished, it wasmovednf~om across the f ront. A significant amount of land was re the lot and the contour was changed significantly. Kendig said the onl reliable grades they were able to f ind were th used2the y The applicants and the 102.35 that have been indicated. best information they had to extrapolate the lot forwa ime mak ang said the architects spent a considerable bm t these plans to the the plans comply and all they can do is su building department. Mayor Stirling asked if it is the obligation of the SevelTaddune submit plans that are within all thet ekes cang o nt to case law said that is generally the case, bu p when there have been mistakes. Mayor Stirling said CoeXCressed had meetings with the building department and has p disappointment in the process that occurred with t hi ma l have Lion. Mayor Stirling said there were Counc it w det rmi ne upo n occurred. Mayor Stirling said can reponderance of the evidence if the house is over the height P limit. Hecht said the issues are by preponderance of the evidence is this over the height limit, and second does Cher cthe costmtoaan responsibility for doing its fob, and whe with the applicant who believes in good f aith they are complying law which might be $100,000 for a de minimus Jiff inches fftand is Council's conclusion. Hecht said chopping some having a f 1 at top w it l not improve anybody' s situa the data is effected by this. Hecht stated he is convinced that credible. Hecht told Council the applicants were inex ensive oat there were no problems. The cure was relatively p one point. Kendig agreed at the time of the plan check, the cure was negligible. There is no reason architecturally desitnedwthe why this house could not have been built lower and g same way. Mayor Stirling said this is an example of a growing phenomenon in the city of pursing everything to the limits of what iseademoli- Barbara Norris asked if any survey was dons Was no.° tMs. Norris tion of the previous building. The answe 23 •_. _.__..~ r- _-2-g -- 1~7_ 1 ._.._--------- -e-r _C .~ asked if the applicant could identify the contour bef oas movedaat was moved. Ms. Norris said at some point the land w some contour between 99 and 102, do the applicanstartvmovingcthe where that line began, at what d North streete the front of the land. David, applicant, showe building 1 ine, the applicants had to ramp to get down in the crawl space of the previous house at 101 contour.Ce DavDavid lsaid out that 101 is actually down can to cprovesthe few existing they have done everything they spots of undisturbed grade. Mayor Stirling asked where normally an applicant would measure the height to make the determination with varying grades. Wilson said from the highest point on the building to the aid eve Toone on the lot, perpendicular to the slope 1 ine lat 30s feet 2 inches has agreed on the elevation of the ridg oint. measured using the 102 contour line as a starting p Councilman Isaac said it is hard to determine exactly what the elevation was when construction started. Councilman Ida be hard if Council wanted the top of the roof cu nc ilman t I saac said it to determine how much to cut off . Cou appears that the building department may have made a mistake in not determining the height of the building. Councilman Isaac said he has a hard time rationalizing asking the application to take off between 6 and 14 inches of the house at ea bu~ lding $10,000 per inch. Councilman Isaac cautioned th department to be more careful in the future. Wilson told Council he met with the city attorney's oid leeelevar they were provided with some information about the g tion. Wilson said staff tried to analyze confusine shot froma site visit to establish whoneif he was convinc drat that point Mayor Stirling asked Wils that the house was over the height. Wilson answered yes. Mayor Stirling asked why the project was not stoppedramadeaa deter- Taddune said at that point the building inspecto further in urination that he did not feel this o e fetal authorities to be terms of prosecution. T de uartment d at that point, did not feel supplied. The building P The building depart- comfortable in bring abatn~~nat Po°C andeasked for information. ment contacted the co Taddune said the city issues a show cause in order The contrace applicants an opportunity to explain themselves. tor's consistent position has been that there is no the eawasna Taddune said staff is still uncertain as to whethe violation or not. Councilwoman Fall in said it sounds like in im t.be Council everyone thought the house was over the height 1 24 S~e~be r~ -~-$; .._} x.8.7 woman Fall in questioned why something was not done htr i imit and seems as if the contractor knew it was hee sitee andgmeasure it. should have asked someone to come to t Hecht said the contractors were told on repeated sc Went through everything was all right. Hecht said tsewaschroe er height. The a detailed analysis to deteassum Lions also. Hecht said it is architects were dealing from P unfair for the building department to be dealing from assumptions when the house is almost finished. Fred Gannett, city attorney's off ice, told Council st act,looThe at information provided by the contractor, din r bade been scraped contour line was put togethereaf the worstu ase scenario that the down. Gannett said staff us Gannett said 101 was the major ridge on which the property sat. using that as the bench mark, based on the informati se wasvovea by the applicant, staff came to the conclusion the hou height. Gannett said in reviewing the case law, It sbased lonaa applicant relies signif icantlis test lsedef rome taking further mistake by the city, the city pP corrective action in revoking or rescinding the permit. Taddune said the situation here is that the action ha~heirnattorn at the staff level. He has reporte was in uerror,a they should so ney. If Council feels this decision direct staff . Mayor Stirling asked if work has stOpCounc ilman house. Hecht said there was no st ponoof taffr• Taddune said Isaac said he supports the determina in light of this issue, it would make more sense fo reete thanythe have a definition of natural grade related to the st lot. Taddune pointed out when a house is built on evelllot.lt comes across as more massive than a house built on a 1 Councilman Isaac moved to rescind the correction notice and to allow the height to stand as is because of the lack of determina- tion of grade Taddune said when there is an obvious violation, the city is not compromising. The city has attempted to bring thesea pdroPnrthis into compliance in almost every inst I f eCounc aluf eel s that the case the facts are somewhat fuzzy. decision made by the building department is in eruoe'thatnthe should give direction to the city ma ed etotthea letter . Taddune law, as they perceive it, is follow said generally Council does not get involved in these decisions; they are handled on a staff level . Mayor Stirling said there was a resumed illegality, and Council asked for it to be.rhmanrasked Staff has completed the show cause hearingdealin ~ with buildings if this sets precedent for further fuzzy g under construction. Mayor Stirling said no. 25 ' ---~s~e•rr-C-i-ty-~QUrr~i-~___.ssnt--emtr~ r_ ~8`;--- 1-98-'~ City Manager Bob Anderson said this makes the city all the more determined to straighten out whatever problems there are in the building department. This highlights the humanity of employees as well as the need to be increasingly vigilant. Anderson said this case will make sure the next applicant gets measured. Mrs. Frishman said city employees should be commended for making an honest statement about what happened. Taddune said there is precedent for lowering a building, but the fact of a violation was clear. Mayor Stirling said in this case the preponderance of the evidence is not clear about whether the applicant are over the height 1 imit or not. Mayor Stirling said Council has to determine if they take an assertive action requiring amelioration, that they have enough facts to be able to substantiate that action. Mayor Stirling said Council is concerned about this situation, about the precedent, and about the entire neighborhood. Taddune said he would like the sense of Council that there is no direction to bring the house down in height. Mayor Stirling said he feels this is unclear and is not prepared to make so conclusive a direction to staff . Mayor Stirling said he would 1 ike staff to continue to pursue the case and look for more evidence. Council- man Isaac disagreed and pointed out the evidence of grade before construction has already been lost. It will be less clear what the height of the building is. Councilman Isaac said Council has spent enough time on this case. Councilwoman Fal l in said she has not seen enough evidence. If staff keeps researching this, they will come back with the exact same facts. Councilwoman Fallin said the building department has got to check every plan for every inch. Mary Martin said Council has to address the issue of bulk, which is bothering everyone. The sense of Council was to not continue with the correction notice. I~---S-Afi1-H3 I~~--~6F-- Jay Hammond, city engineer, said staff is concerned about the options of street sanding and how to maintain safe streets in the winter. The staff continues to considers alternatives and approaches and improvements in the materials used. Hammond said one issue regarding stopping sanding completely would be the effects on Main street and the highway corridor through town. Because of the traffic, this is an area which experiences a great deal of dust. Hammond told Council his contact with the state indicates they are concerned with the condition of Main street. If the city were to cease sanding the highway corridor, the state would void the contract and begin sanding on the highway corridor to cover their concern for liability. The state would use a material that is inferior to the material used by the city. 26 ~_ .. L . __.~._..~-- e~o~tm~c-ice _._~~,~r~'-~e~- ---~8~ :__ _}- ~-8~ Hammond told Council there is a concern regarding liabilities. The city's insurer points out increases in claims would aggravate the insurance situation. Hammond noted some of the dust experi- enced is not attached to the sanding material the city puts on the streets. Hammond said a lot of the material is brought into town on cars from out of town. Hammond recommended staff follow their current direction, which includes purchasing a flusher truck to improve capabilities in removing dust in the spring. The city is looking at the purchase of a sweeper in 1988. The city is investigating heated storage, either temporary or additionally at the city shop. City Manager Bob Anderson told Council the city has made some progress with the county, who will be using sanding material identical to that the city is using, which should help the overall problem. Councilman Gassman said this is what he asked the staff to do and they have made some good arguments why the city has to do what they are currently doing. Mayor Stirling said last year the city discussed sanding at fewer intersections, putting down less material, and doing it less often. Mayor Stirling said he would like the manager to pursue that direction. Councilwoman Fallin said staff has made a good case, and the city should continue doing their current program. Hammond said the city does not lay down a coat of sand on every street in town every time it snows. The city focuses on hill, intersections, transit routes. Hammond said the city does respond to direct requests f or sanding. Hammond told Council with the new materi- al, the city has found they can use less material. The new material spreads more easily. It is a larger grain size and gets more traction. ~-~~-~---~-;---~-g~~-E-~--pF`---1-9-~~ - G a l e n a S tree t Im p r ov em e n t District Councilwoman Fallin moved to read Ordinance #41, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE # 41 (Series of 1987) AN ORDINANCE EXPRESSING THE INTENT OF THE CITY COUNCIL TO APPROPRIATE $125,400.00 TOWARD THE COST OF AND TO CONSTRUCT PUBLIC IMPROVEMENTS IN THE AREA OF SOUTH GAL ENA/SOUTH MILL STREET IN THE EVENT AND ON THE CONDITION THAT A CONTRIBUTION TO COSTS IN THE AMOUNT OF $292,600.00 IS COLLECTED ON BEHALF OF PROPERTY OWNERS IN THE AREA OF THE PROPOSED IMPROVEMENTS AND IS TENDERED TO THE CITY FOR SUCH PURPOSES ON OR BEFORE JANUARY 2, 1988 was read by the city clerk 27 b-~t` _-~ 8 :-- -ice Councilwoman Fall in moved to adopt Ordinance # 41, Series of 19 87 , on first reading; seconded by Councilman Isaac. Jay Hammond, city engineer, presented exhibits dthe 1 lan,l as specific costs, total costs, improthe districts sizes of their well as a list of the owners in units, total assessment to the owners, and a map of the district area. City Attorney Taddune told Council the property owners have agreed that the cost of preparing the planstributedcfunds. tions for the district wouldl ause betincl ded cin the ordinance. Taddune recommended this Mayor Stirling said there are some start up costimatedathertotal work will be done on the district. Hammond es design costs at $19,000. This money is to come ou eref not totbe costs. Mayor Stirling asked if the di strict Hammond said the formed, does the city e° di t ict comes up with their money, the presumption is when th city will move ahead to detailed design. If the district comes up with the money by January 2nd, the city has time to complete design before construction season. Mayor Stirling asked about the commitment of the ~~ to theuowner Lodge. Taddune pointed out it is in the ordinance of the Aspen Mountain Lodge will install and T ddune saiduthese improvements acceptable to the city engineer. a surf ace improvements are required under the Aspen Mountain Lodge PUD agreement. Taddune said the city was told this incentive was needed from the Aspen Mountain Lodge so that the property owners would agree to volunteer the funds. Councilman Gassman asked if the city's contributiwould stend project is roughly in conformance tor. whHammond csaid it is; pthe on normal improvements in this sec city's contribution in this district is based som said tone half Hotel Jerome and redoing Bleeker street. Hammond of the normal improvements plus all of the higher level improve- ments, special lighting, irrigation are fully covered by the contribution of the private owners. Councilman Isaac said street 1 fights are shown as part of the improvements on all but the lower part where the Asop~ nthe uAsaen Lodge is. Hammond said what has been looked at f P Mountain Lodge improvements was a basic level of improvements to tie in with those further up the hill; match ovementspr like continuous sidewalks. The higher level impr lighting and landscaping covered under the PUD agree nd tsa d uhe come later under the hotel s cod d unot oconstruct oin the near wanted to insure if the hotel future, there would be a level of improvemen htstwill be added together. Councilman Isaac asked if street lig 28 • _____ }~ - - 8-- i-g-8-7 1 ---- _~ .A to conform to the other sector. Hammond said that is tied into the PUD agreement. Councilman Isaac said if the Aspen Mountain Lodge were not to build, there would not be street ke gto sbensure lower portion. Councilman Isaac said he would li street lights are put on the lower section. Hammond said he can amend the ordinance which will change the $218,00 uncilmanbIsaac that the Aspen Mountain Lodge i sico to th is tenti re project; they said street lights are very ba are not a later amenity. Roll call vote; Councilmembers Isaac; yes; Gassman; yes; Fallin, yes; Mayor Stirling, yes. Motion carried. -~ l-9'8~ -Amending CCLC Councilwoman Fallin said she is not in favor of broadening the domain of the Commercial Core and Lodging Commission but is in favor of adding an alternate. Councilman Isaac said he is not opposed to adding Main street but does not want ~ ethe dcitln has include the Rio Grande. Councilman Gassman sa Y enough boards with jurisdiction over the same area. Councilman Gassman said this should be under the jurisCi bel addressed planning commission. Council requested the CCL during the budget session. ems-~--~- Assistant City Manager Mitchell recommended the citMitch 11 et old deductible from the exiting S1,OOadd°tionalObudget savings of Council this will generate an 5100 ,000 for 1988. The staff is recommending th that 2remaining this savings be set aside to pay claims, and the 575,000 be allocated to equipment replacement. Mitold Council this 510,000 is per occurrence deductible. Mitchell city has done an analysis, and the claims experience over the last 2-1/2 years had been substantially beloast ist•thelamount gof Bob Anderson said the only eq andthow much flexibility will the reserve that is appropriat city have if they guess wrong. Mitchell said the 525,000 is an estimate. Mayor Stirling moved to increase the insurance a dour tlmotion 510 , 000; seconded by Councilman Isaac. All in f carried. ~i~`Pi~Ei~T~ Councilwoman Fallin moved for P & Z to re-appoint Rogbo benmoved Mari Peyton as regular Board members; that Jim Colom up to a regular member, and that Mickey Herron be appointed as an 29 rnate for the Historic Preservation Commission to rmovedlup alte Patricia O'Bryan as a regular member. Renoebe nappointed as an to a regular member and that Aug1e Board that Herb Klein be alternate and for the CleberA anddMaryr Isaac and Sy Colemen be appointed a regular mem alternate members; seconded by Councilman Isaac. Bill Martin said some members have been on Boar houldrbe given time. Martin said opportunities to beaoreeda and ssaid he would to other people. Councilman Gassman g eke Council to examine the issue of restricting termsamineoalso 1 to two. Councilwoman Fallen said sheMa ors lcouldo serve. Gity restricting the terms Council and y Attorne Taddune noted the Charter provides no limitatian Charter Y number of terms . Taddune said tS a matter of practice. Mary amendment or Council could do It a Martin told Council the people's rights organizatioo~ anlimit on start a petition for an amendment to thCouncilmembers. the number of terms for both Boards and All in favor, with the exception of Councilman Gassman. Motion carried. }~A--SEES the sidewalks RFTA Councilman Isaac said there are lan be ause they are in the way would like to remove from their p Councilman Isaac said it is of loading and unloading the buses. not re uired that they put these trees in and RFTA wo to likes q Councilman Gassman said Council to delete these trees. the trees where they are and they make the distinctwoman Fallin ferentiating from a large city bus terminal . Council recollected that the adjacent property owners requested that the trees stay in place, and the city made a commitme trees would stay. Alan Richman, planning director, to de CU tell the parks department has determined they cannot a q Y RFTA asked not to maintain the site with the trees Ces reasonsed• Richman said staff have the trees at all for serve did not sign off on this because they felt the trees wer e important to Council. Council took no action. Alan Richman, planning director, told Council Sepneubebefore there will be a work session with be& Octobere 6th me Richman said the public hearing, which will staff has been analyzing numbers, going into the f hman' aid developing ideas for changes to the regratelthis issue during his objective is to have PCouncileaddress this in November and October and, ideally, have 30 amendments adopted during 1987. Richman s,t d and to have the felt in the commune y- reasons for this are the urgency the development community needs to have notic uncil he is second Richman told Co changes for next construction season. ble he is on the right track with the def in O a° the comf orta oes way bey issues. Richman told Counci ~reatedlisuasproblem. FAR; the volume of space being Freshman said the houses in the west end are disappearing Jack about one a week and Council should put a mOleteriuA c tizen further development until this amendment is comp The citizen said this item was not billed as a public a morat ~rium should be said he does not feel anything.ns hroshand cons of the FAR issue. put on when the city is receive g p This deals with a very important property right and taking away property values by taking away square footage. r Stirling moved to direct the planning staff t on rany Mayo a 6 month moratorium Council an ordinance to apply 'n ermits in the R-6 AND R-15 zone in the city for the builds g p October 12 agenda; seconded by Councilman Gassman. ' man Isaac said in light of the Supreme Court decision in Council California, this may be treading on thin ice. Councilman Isaac Councilman Gassman and Mayor Stirl Motion NOT carried. and Councilwoman Fallin op [posed. or Stirling said he would like this issue fast ~ tober, May resolution in Richman noted that if P & Z ect rof claw yand there cannot be any that resolution has the eff building permits issued contrary to that resolution. ncilwoman Fallin moved to suspend the rules and next All tin Cou meeting to 9:15 p. m. ; seconded by Councilman Gassma favor, motion carried. ~--~g-E-A~'E Assistant City Manager Mitchell said neither the ape ~ t levision nor the FCC ruling allow the cityable retold Council the basic rates. Kelly Bloomer, Canyon C - ' ce increase is 10 percent. The commercial in ~ fore two serve slightly higher but this rate has not cent but ait has not been years. The HBO rate has increased 10 per raised in 6 years. Bloomer told Council the insilheta°rireciates do not approach real costs. Bloomer told Counci Pp the fact this is a controversial matter. Bloomer revaluate °the of doing business have gone up, and have been dramatic require- rates of doing that business. There 31 __ --.-~ g----1-9$. r -- ments placed upon the company for capital improvements, specifi- cally undergrounding. Bloomer noted it is difficult to maintain a service that is continually improvihrouah thefPUC for rate Councilman Isaac asked if this has to go t g increases. Bloomer answered no; the federal law effectively deregulated cable television industry with respect t for be able municipalities. Mayor Stirling said the company ough to recoup their installation costs. B1o to rcove r thescosts marketing decision and installation charge would be a deterrent to many people. Councilwoman Fallin moved to approve the consent agen uo~r sl icense by Councilman Isaac. The consent agenda was liq renewals Molly Gibson; Mamma Maria's; Pepi's; Minutes August 24, 1987. All in favor, motion carried. Councilman Isaac moved to adjourn the meeting at 9:15 p. m. seconded by Councilwoman Fallin. All in favor, motion carried. Kathryn S Koch, City Clerk 32