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HomeMy WebLinkAboutminutes.council.19960122Aspen City Council Regular Meeting January 22, 1996 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Richards and Marolt present. PROCLAMATION - Craig Ward Mayor Bennett read a proclamation into the record commending Craig Ward for his work on the Nordic trails. CITIZEN PARTICIPATION 1. Raymond Auger said according to LTK, the estimated cost for Aspen’s proposed light rail system is $16 million per mile which would make it the cheapest of any system built in the last decade. Auger said using some recently built systems, this light rail system will actually cost $120 million for capital costs alone. There is no economy of scale in this project. Auger said the city has stated the system would pay for itself in 5 or 6 years. Auger said that would be operating costs only; the capital costs will not be covered by ridership. Mayor Bennett said the new cost estimate is higher than the number quoted by Auger. Mayor Bennett said there is a great deal of the cost of the system being incorporated into the highway, like bridge, road bed, intersection. Mayor Bennett said in some cities new light rail systems, the ridership is 3 times higher than projected. Mayor Bennett pointed out CDOT is talking about spending $200 million between Basalt and Aspen, none of this will be paid by users. Councilman Marolt agree with Auger and noted that the numbers will be tested before any decisions are made. 2. Coleman Johnson said he is concerned about charging fees on city bus routes. Johnson said he has talked to a lot of people, bus riders and drivers and others, and it is nearly unanimous against a charge. Johnson said this is an idea whose time has not come. Johnson said tourists will be confused. The free city bus is unique. Residents believe they are paying for the buses through their 1 cent sales tax. Johnson said a small charge would be a hassle for the drivers and would slow up the system. Mayor Bennett said a small fee, like 25 cents has been discussed. This money would go back into the system for better service. Mayor Bennett said this idea is very, very premature. 1 Aspen City Council Regular Meeting January 22, 1996 COUNCILMEMBER COMMENTS 1. Councilman Paulson reminded everyone about the superblock meeting January 23. Councilman Paulson said he is concerned about Council pursuing a plan for “super” projects after years of shying away from these type of projects. Councilman Paulson said he would like to have a discussion of neighborhood/commercial zone and size of buildings. 2. City Manager Margerum told Council that City Market is no longer interested in the “superblock” concept. There is a work session scheduled for tomorrow night on this issue. Council may want to keep the meeting and talk about the philosophy of a large development and parking in the east end. Council agreed to keep the meeting. 3. City Manager Ma rgerum said at the last elected officials meeting, it was agreed to set up a smaller group of 2 members from each body to see if they could come to a consensus on who should pay for what share of RFTA’s costs. Council agreed John Bennett and Rachel Richards should be the representatives. Councilwoman Richards requested there is some staff at these meetings to write summaries in order to communicate with the elected officials not at these meetings. CONSENT CALENDAR Councilman Marolt moved to read Ordinances #2, 3, and 4, Series of 1996; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #2 (Series of 1996) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, ADOPTING THE 1996 MUNICIPAL CODE 2 Aspen City Council Regular Meeting January 22, 1996 ORDINANCE #3 (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING ADDITIONS TO THE BUILDING REGULATIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO BE KNOWN AS THE ASPEN/PITKIN ENERGY CONSERVATION CODE ORDINANCE #4 (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE MUNICIPAL CODE BY THE ADOPTION OF THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE 1993 WITH AMENDMENTS Councilman Marolt requested Resolution #3, Opposing the “Takings” legislation off the consent agenda. Councilman Richards moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: · Minutes December 18, 1995; January 8, 1996 · Ordinance #2, 1996 - Adopting Recodified Municipal Code · Ordinance #3, 1996 - Adopting Energy Conservation Code · Resolution #4, 1996 - Opposing Telecommunications/Right-of-Way Legislation · Ordinance #4, 1996 - Adopting Uniform Administrative Code Provision for the National Electrical Code Roll call vote; Councilmembers Paulson, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #1, SERIES OF 1996 - Amending Clean Air Act to Allow Cigar Smoking John Worcester, city attorney, told Council added to the definition of “independently ventilated” is “the ventilation system shall be designed and operated so that there are no discernible tobacco odors detectable outside the building or in adjacent spaces in a multi-use building." Tom Dunlop, environmental health 3 Aspen City Council Regular Meeting January 22, 1996 director, told Council he feels any promotion of the use of tobacco is contrary to public health and to the mission of the environmental health department. Dunlop recommended voting against this amendment. Dunlop said in order to provide a cigar area, a business owner will have to provide 2 times the space of non-smoking area in order to have a separately and independently ventilated area. Dunlop said if the ordinance is passed, the protection would be to not impact adjacent properties in a multi-use building. Jim Wolf, Clean Air Board, said the standard is that an establishment must clean the air so that it does not have an impact outside the business. The floor area ratio is 2 to 1 for any restaurant business in town. This floor area ratio is not an arbitrary figure but is based on the figure that twice as many adults do not smoke as those who do. City Manager Margerum told Council his department received 27 calls in favor and 6 calls opposed to the ordinance. Councilwoman Richards asked if there is a cure for those outside the business if affected. Worcester said this would be enforced the same as other city ordinances. Councilwoman Richards asked about the liability for employees inside the business. Dunlop said the federal government has created standards for work place contamination and has created minimum standards for 8 hour working environments. Councilwoman Richards asked if other establishments will want to have pipe and cigars smoking. Worcester pointed out an area of 2:1 non-smoking to smoking is required as well as a separate ventilation system. Mayor Bennett opened the public hearing. Janet Roberts told Council she was part of the group that passed the original smoking ordinance. Ms. Roberts said she is opposed to this amendment and any change in the allowing of tobacco in businesses in Aspen. Colin, bar manager at Little Nell, said there has been an increase of cigar smokers in recent years and there is not a place for people to go and enjoy cigars. Charlie Tarver said he is in favor and this will create twice as much no smoking area in order to have a cigar smoking area. Bill Dinsmoor said with the original ordinance, there were many people against the government telling people what they could and could not do in their businesses. Dinsmoor said the current ordinance works and more and more guests comment on how nice it is not to have smoke in restaurants. Dinsmoor said this ordinance would be a step backwards. Joseph Bellina, physician, said this ordinance would demand 4 Aspen City Council Regular Meeting January 22, 1996 if an establishment were to allow pipe and cigar smoking, it has to be in a physically separated and a high negative vacuum which will be healthier than just separated smoking areas. Kate, Valley Partnership for Drug Prevention, said this is not the direction non- smoking ordinances are going. Aspen is no longer a leader in clean indoor air acts. Kate said she feels this is a bad message to give the youth of the community. Sam Houston said a separate room for cigar smoking is fine and should be allowed. Tom Voskil, Ajax Tavern, told Council his restaurant does not allow smoking. Voskil said there is a percentage of clientele that wants to smoke pipes or cigars and it would be great to be able to accommodate these people. Larry Frederick said allowing cigar smoking is bowing to the money issue. Tarver said cigar smoking is about freedom of choice. Mayor Bennett closed the public hearing. Councilwoman Richards said she is concerned about the issue of whether this will begin to weaken the existing ordinance and the example of this towards youth. Councilwoman Richards noted cigar smoking is a legal activity in this country. The intent in this ordinance is to protect non-smokers. People who choose not to be exposed to cigar smoking do not have to be. This ordinance demands choices for non-smokers be available. Councilwoman Richards said a business owner will have some financial risk if they install a separate, expensive ventilation system. Councilwoman Richards said she is not interested in weakening this ordinance if those systems fail. Councilman Paulson said he is opposed to this ordinance based on the narcotic value of tobacco. Councilman Paulson said he is also opposed to this on a spiritual basis as originally tobacco was used only for ceremonial purposes. Councilman Marolt said he is supporting this as a question of civil rights. Mayor Bennett said this has been a difficult decision. Mayor Bennett said Council is being forced to decide between two principles of health and welfare of the citizens and the personal freedom and right of choice of those same citizens. Mayor Bennett said he will support this with some misgivings. Mayor Bennett said this ordinance actually deed restricts more space for non-smoking. Mayor Bennett said there can be no discernible smoke odor outside the establishments. Also, there will be an air cleaning system for the cigar area; the area will be completely separate and segregated. 5 Aspen City Council Regular Meeting January 22, 1996 Mayor Bennett suggested Council discuss with the health department the process of research to find out if it is possible to actually measure the air in eating establishments. Council agreed and said this should be a separate discussion. Councilwoman Richards moved to adopt Ordinance #1, Series of 1996, as amended, on second reading; seconded by Councilman Marolt. Roll call vote; Councilmembers Marolt yes; Paulson, no; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #5, SERIES OF 1996 - Inventory of Historic Sites and Structures Councilman Marolt moved to read Ordinance #5, Series of 1996; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #5 (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IDENTIFYING AND DESIGNATING THOSE SITES AND STRUCTURES CONSTITUTING THE CITY OF ASPEN INVENTORY OF NON-LANDMARK HISTORIC SITES AND STRUCTURES (ROUND III) AS AUTHORIZED PURSUANT TO SECTION 24-7-709 OF THE MUNICIPAL CODE was read by the city clerk Amy Amidon, community development department, said the process has taken 3 years due to the complexity of identifying and evaluating property and working with the property owners. The Meadows is recommended to be added to the historic inventory. HPC worked with the property owners, did a site visit, mapped specific areas of the campus to be identified. Red Butte Cemetery will be kept on the inventory. Two buildings added to the inventory in the 1980’s have since been demolished and should be deleted from the inventory. A parcel on King street has a number of structures and addresses; 925 King street should not be on the inventory. The rest of the property will be maintained on the inventory. Ms. Amidon told Council the Colorado Midland Right-of-Way will be tabled now. The right-of-way has been compromised and chopped up. Ms. Amidon told Council she has applied for a grant to get some surveying and archaeological help for this summer. Councilman Marolt questioned the Aspen Meadows as a historic property since it has not existed for a long time. Ms. Amidon said staff is looking at 6 Aspen City Council Regular Meeting January 22, 1996 structures 50 years old. The HPC is also looking at more modern architecture. The Meadows is associated with architects Herbert Bayer and Fritz Benedict and is an example of Bauhaus architecture. The Meadows is a very unique part of Aspen. Councilwoman Richards moved to adopt Ordinance #5, Series of 1996, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #6, SERIES OF 1996 - Aspen Meadows Residential GMQS and Vested Rights Extension Councilwoman Richards moved to read Ordinance #6, Series of 1996; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #6 (Series of 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994, AND EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995, AND EXTENDED BY ORDINANCE NO. 38, SERIES OF 1995, FOR THE THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Dave Michaelson, community development department, pointed out since 1990 there has been a series of extensions for this property. When Council granted the last extension, they commented this last extension should be used to get around fall construction schedule and to allow the splitting of the project. Michaelson told Council the applicant has been working since 1994 with the Aspen Institute to come up with an acceptable co-development scheme. An option was finalized in April 1995 for the purchase of lot 5 by the Institute. Michaelson told Council lots 5 and 6 has been included in a lawsuit by Mohamed Hadid. On November 1995, the court ordered this lis pendens removed; however, it has not been done. It has been indicated this court decision will be appealed. This lis pendens has restricted any selling or developing of lot 5. Michaelson noted the 7 Aspen City Council Regular Meeting January 22, 1996 original SPA conditions have been completed except for two; excavation of pedestrian bike trail to the top of slope on lot 6 and replacing non-functional trail lights along Meadows Road. The deadline for these conditions occurred after the lis pendens was filed. There has been no construction, so no work has been completed. Michaelson said the other improvements have been completed. Staff recommends approval and that this extension be connected to the legal difficulties with the property. Staff includes the two previous conditions with a completion date of October 31, 1996 for the bike trail, and June 1996 for the trail lights. Michaelson suggested that these lights be reviewed by the pedestrian bicycle committee. Michaelson said an additional condition is that there are 20 trees along Meadows Road that have not been planted as indicated on the landscape plan. This should be complete by July 1, 1996. Some aspen trees have been planted in the trail easement and these should be removed by the same date. John Sarpa, representing Savanah Limited Partnership, told Council they had hoped to have all this complete by last September. Sarpa told Council the lis pendens has been released only on lot 5. The applicants are doing everything possible to free up these properties. Councilman Richards asked if there is anything the city can to help the lis pendens be released. John Worcester, city attorney, told Council the city may not want to become involved in this litigation. Council agreed to support this request for extension because of the litigation holding up development and financing. Councilwoman Richard moved to adopt Ordinance #6, Series of 1996, on first reading; seconded by Councilman Marolt. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. 8 Aspen City Council Regular Meeting January 22, 1996 RESOLUTION #3, SERIES OF 1996 - Opposing “Takings” Legislation John Worcester, city attorney, told Council this resolution expresses Council’s opposition to legislation soon to be introduced into the state legislature. This bill is similar to other “takings” bills. These bills attempt to take a legislative position on something that should be decided by the judiciary, which is when is a taking a “taking” and when does the Fifth Amendment to U. S. Constitution require government to compensate for taking of property. Worcester said both the U. S. Federal Courts and the Colorado Courts have been dealing with this for decades and have balanced out the rights of property owners and the rights of municipalities and counties to pass legislation. Worcester said this particular legislation shifts the burden of proof from the person attacking the legislation onto the municipal, state or county. This will place a huge burden on municipalities to show any legislation that is passed it is not a taking of property. Councilman Marolt said the burden of responsibility and proof needs to be shifted more to municipalities, counties and states. Worcester said the courts have been dealing with this issue for a very long time. Worcester said this bill would make much of the city’s legislation costly to enforce. Councilman Marolt said he is opposed to this resolution. Councilman Marolt said past actions have driven legislation to this point and cause it to be over-zealous. Councilman Marolt said if this legislation is passed and governments have to live with it, it may bring municipalities and private enterprise closer together and use common thinking. Councilwoman Richards said the Colorado Municipal League is taking a strong stance against taking legislation. Councilwoman Richards pointed out the taxpayers will be the ones who will be paying more for legislation and for enforcement. Councilwoman Richards said there is recourse and it has worked well in the past for property owners. Councilwoman Richards said each property and set of circumstances is unique and a court is equipped to hear these unique circumstances. Councilwoman Richards said the courts have determined that communities have a right to deal with growth and growth impacts, the rate of growth and the type of growth they want to occur. Councilman Marolt reiterated he does not endorse this resolution. Mayor Bennett said he supports the resolution as he feels it would be an enormous cost to the average taxpayer. This strikes at the heart of a community’s right to determine its own destiny. 9 Aspen City Council Regular Meeting January 22, 1996 Councilman Paulson moved to adopt Resolution #3, Series of 1996; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Marolt. Motion carried. Councilwoman Richards moved to go into executive session to discuss pending litigation at 7:05 p.m.; seconded by Councilman Marolt. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 7:45 p.m.; seconded by Councilman Marolt. All in favor, motion carried. Councilwoman Richards moved to adjourn at 7:50 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 10