HomeMy WebLinkAboutminutes.council.19841210Regular Meeting Aspen City Council December 10, 1984
JOINT MEETING WITH COUNTY COMMISSIONERS. Commissioner Kinsley called the meeting to order
at 4:10 p.m. with Commissioners Madsen, Klanderud, and Child and Councilmembers Collins,
Blomqulst, Walls and Knecht present.
1. Roaring Fork Transit Agency Budget. Jim Schmidt, director of RFTA, presented a budget
prepared earlier this year and in line with what happened in 1984. This budget is presented
to make sure RFTA has funding in January. Between now and next month, ATC and Schmidt
will revise the budget and present it for approval. Schmidt will be reviewing the budget
to see if all expenses are addressed, are reasonable based on local needs and national
trends of transportation. ATC runds 19 other bus system and will do comparisons on cost
per hour and cost per mile and per passenger. The system will be reviewed to see if it
run safely, and managed economically. Schmidt told the Boards the previous year budget
was $1,800,000 and this year's is $1,700,000 which is down 7 per cent in the overall budget.
Child said the $15,000 fund balance out of the budget seems rather slender. Schmidt said
it is the goal of the RFTA Board to keep the fund balance within reason. Schmidt said
there is no scheduled in RFTA to address disasters, however, in the budget process one
cannot buy insurance that things won't go wrong. Schmidt said he will be looking at this
on the second round.
Mayor Stirling pointed out the cost of living is blank. Schmidt said an increase was not
scheduled in this budget and he does not know why. Schmidt said he will discuss this with
the RFTA Board. Mayor Stirling asked if the benefit package ~s sufficient. Schmidt said
he has evaluated it to see if it is cost effective and feels the benefits are in line
with the industry. Schmidt told the Boards he has initiated a starting wage of $5.75,
which is traditional and will save some money. ATC is looking at other wages in town and
will make a recommendation for consistency. Mayor Stirling asked where the savings have
been achieved. Schmidt said drivers wages are down 19 per cent, mechanics wages are down
16 per cenT, the maintenance manager negotiated a good fuel contract and fuel is down
45 per cent. This year's revenues had an interest earnings of S21,000.
Regular Meeting Aspen City Council December 10, 1984
Kinsley said his bias is that cost of living ought to come before other things and people
should be paid adequately. Councilman Blomquist said his concern is in the capital area
with a prefab structure at Rubey Park. Schmidt said this is strictly for comment and it
is tranditional in the transportation industry to go with easy maintenance. Councilman
Blomquist asked if an aggressive bench and shelter program in the city would help ridershipi
in the city. Schmidt agreed clear identification of routes makes it easier for people to
understand. Schmidt said his list of capital improvements is arbitrary and just sugges-
tions.
Councilman Blomquist moved approval of the budget for the city; seconded by Councilman
Knecht.
Schmidt said there are some unknowns, like heating and maintaining the new building.
Mayor Stirling said the Colorado Association of Ski Towns has passed a resolution in support
of proposed legislation to get the extra sales tax penny for the county. Eve Homeyer,
chairman of RFTA, told Council the Board and the Commissioners will actively pursue the
legislation. Ms. Homeyer told the Boards that Representative Scott McInnis has a strategy
planned.
Ail in favor, motion carried.
Commissioner Klanderud moved to approve the budget; seconded by Commissioner child. All
in favor, motion carried.
Mayor Stirling asked if the UMTA grant limited the city and county to purchasing the
large buses, schmidt said under the guidelines, whatever the applicant wants is submitted
based on what they are trying to accomplish. Schmidt said UMTA is not interested in
funding vehicles that will not last very long. Mayor Stirling pointed out almost One
million dollars comes from the city's seventh penny and asked if the city-is getting their
money's worth. Schmidt said he does not totally understand what the city is looking for
with the service. Schmidt said what he will address are different levels of service and
present this to Council. Schmidt said he will present specific recommendations as in the
past the system has just been run to see how the ridership is. Mayor Stirling said the
RFTA Board has not commented on the report the city's member did. Ms. Homeyer said the
Board would be glad to report to Council.
Bil Dunaway asked if this budget reflects the ski company routes and money. Schmidt said
it is not clearly outlined. Schmidt said this is a direct off-set. Ms. Klanderud said
the Ski Company money is computed after operations have taken place. Kinsley suggested
having Schmidt report on whera this money is in the budget.
2. Planning office agreement. City Manager Schilling told the Boards he and the county
manager have conferred on the planning office agreement and a draft for approval is
presented. The "how-to" portions were deleted; the lines of responsibility have been
clarified, and the planning office is accountabel to the city and county managers. The
termination period has been extended to 90 days as 30 days would be an imposition to
either party.
Councilman Blomquist moved to approve the agreement as amended by a memorandum distributed
by himself. Blomquist said this deletes the 2nd whereas and replaces the words "governing
bodies" with "managers" so the work program can be changed by the managers. Councilman
Blomquist suggested at the end of (d) adding 4; "The official Aspen city plan and the
official Pitkin County plan shall be separate documents, shall both be in codified loose-
leaf notebook format, contain the plan only, and the jusifitication annotated and filed
elsewhere. City plan shall go to the city limits and be for the guidance ~ of the city
government in its comprehensive array of city concerns. The county plans shall start at
the city limits and extend to the county limits and be for the guidance of the county
government in its comprehenseive array of county concerns. The two plans will replace
the joint Aspen area general plan as amended as soon as is practicable. The two plans
will meet and be consistent with one another at the city limits as it exists today and as
it may change with annexations, goals, policies, criteria, standards, priorities, and
content may vary as determined by each jursidiction. Any portion of the county plan for
area within two miles of the city limits shall be referred to the city for review and
comment before adoption by the county."
Councilman Blomquist said this is consistent with the intent in the planning document as
well as state statutes. This paragraph acknowledges joint studies can be done but the
official plan belongs to each separate government. Schilling said it would be more straight
forward to deal with the plan as a single metro area plan. Schilling said this would be
less costly and would not frustrate the annexation procedure. Mayor Stirling agreed with
eliminating the second whereas. Mayor Stirling said he would like the joint planning
department to present a metro-urban plan. Mayor Stirling said he would like the new
paragraph worked on by the two managers as it is an important addition to the agreement.
Councilman Blomquist withdrew his motion.
Commissioner Klanderud said her problem with allowing the managers to change the work
program is that some of these are policy issues, and she would not like to delegate to the
managers to change the work program without coming to the Boards. Councilman Blomquist
said the managers would check with their Boards. Councilman Blomquist said the managers
ought to be able to tell the planning director to change the work program when there is a
crisis. Mayor Stirling said he felt the agreement as written allowed this, but the govern~
ing bodies ought to make the final decision.
Mayor Stirling said it should be clear in the agreement that the planning director not
only manages the planning agency but also plans as head planner, this should be more precise.
Schilling said in the job description of the planning director it is very clear he is a
"hands on" planner, and is the city and county chief planning authority with ancilliary
management responsibility. A planning director can manager more than just the planning
office. Mayor Stirling said this agreement does not specify that the planning director
also plans. County manager Eldert said that should be made clear in the job description.
Mayor Stirling said he would like this amended in the planning agreement.
Aspen City Council December 10, 1984
Commissioner Child said often the top planner moves into the administrative position and
the department loses the planning skills. Eldert said his concern is there is an adminis-
trative job during changes and getting the plans up to date that could be draining to get
the planning done also. Eldert said there are two different jobs here. Mayor Stirling
said the city and county are hiring a pure planning director, not a chief of a to-be
divised department in the future.
Mayor Stirling said this should be continued while the amendments are mode to the agreement.
Councilman Knecht said he would like to see the urban-metro plan in this, as that has been
the past problem. Councilman Knecht said the Council and Commissioners should set up
their criteria for a planning director. The Boards shoUld then get together and discuss
the differences. The Boards continued this discussion to Thursday, December 20 at 4:00
at the Courthouse~
Commissioner Kinsley said the county will report to Council on what happened to their
budget and whether or not it will affect the city. Eldert told Council the Board reviewed
the concept of forming an annexation committee and Commissioner Klanderud is the county's
representative.
COUNCIL MEETING
MINUTES
Councilwoman Walls moved to approve the minutes of the October 22, 1984 meeting; seconded
by Councilman Blomquist. All in favor, motion carried.
CITIZEN PARTICIPATION
1. Pat Flug, president of the Aspen Figure Skating Club, thanked Council for their
generation contribution to the club. This contribution has resulted in greater partici-
pation. Ms. Flug said this program is exciting.
2. Pam Arnold presented a proposal of events happening on the Cooper Avenue mall for the
Christmas season. CCLC has approved these events. Good Morning America will film some
events on December 17th.
3. Charlotte Slater asked if Council could form a policy regarding last minute memoranda,
and if items are not in the packet, they won't be considered. Councilman Blomquist said
Council gets the packet on Friday, has the weekend to study and research, and the memos
cannot be done until Monday, Councilman Blomquist suggested there be a policy that the
press receive copies of the memoranda.
4. Sandra Stuller, representing Ed Gross and Andrew Doremus, told Council at the last
meeting they denied a request for encroachment. Ms. Stuller said they were not present
because they did not know they were on the agenda, and asked Council for the opportunity
to make a presentation. Mayor Stirling said because they were not notified, they will
be placed on the December 17th agenda.
COUNCILMRMBER COMMENTS
1. Councilman Blomquist said he would like to have a capital improvement work session to
get the program lined up for next spring's construction season. Mayor Stirling said this
should be put off until the Council has finalized the water question. The Council just
received a memorandum frOm staff about water decisions. City Manager Schilling told Council
he plans to have the capital improvement work session in January. Finance Director
Sonfield told Council she hopes to have the proposal for water rates January 30. Mayor
Stirling suggested doing the water rates first then the capital improvements.
2. Councilwoman Walls said if Council had a regularly scheduled work session at a
specific time every week, it would help the work load. Council discussed various times
and added this to the end of the agenda.
3. Mayor Stirling reminded Council of a work session December 11 at 5 p.m. to discuss the
visitors center with the ARA.
4, Mayor stirling presented a memorandum from Craig Ward of the Nordic Council that
December 14 th, at noon Council will meet to inagurate a new cross country trail system.
5. Mayor Stirling said the trolley car plan has been cancelled and asked Councilman Knecht
to take the correspondence to the Trolley Committee.
6. Councilman Knecht conunended the parks and electric department for the Christmas
decorations; they look great.
7. Councilman Knecht said he would like to trails trade agreement on the next Council
agenda.
PROCLAMATIONS . :
Mayor Stirling read a proclamation declaring December 9 to December 15 Drunk Driving
Awareness week.
Mayor Stirling declared December 10, 1984, Mona Frost day, read the proclamation and
presented it to Mona Frost. Mrs. Frost has taught music, served on the library Board
and the Historical Society and has been a member of the Historic Preservation Coramission,
served asa teacher. Mrs. Frost told Council she has lived in Aspen all her life,
appreciates being appointed to the HPC, and receiving this proclamation.
Regular Meeting Aspen ~l~y ~ounc~ ~=~=~ .... , ....
PCPA PROPOSAL/MAROLT PROPERTY
Councilman Knecht said the bought the Marolt property for $3,500,000 as well as the
Thomas property, both of which are at the west entrance to the city. These were both
purchased with open space funds. Councilman Knecht said these properties have been
deteriorating, some through mismanagement of the land. This property is a ranch and should
be handled as such. The thistles are growing up, fences are falling down, the irrigation
ditches are clogged. Councilman Knecht said he and the PCPA board feel a good ranch
management program for both the Marolt and Thomas properties should be put into effect.
The summertime use of the property should be an operating equestrian center with a livery
or rental facility, trail rides; wintertime use would be cross country skiing. Councilman
Knecht suggested the management be responsible for weed and thistle control, irrigation
ditches, hay fields, fences, and the manager would occupy the building. Councilman Knech%
said this would be a maintenance proposal and the city would not get any revenue.
Any expenses needed for maintenance would be approved by Council.
Fritz Benedict told Council John }tollinger would like the lease and has done a good job
irrigating and taking care of properties. This proposal would also offer a close in
place to rent horses. City Manager Schilling told Council there is a monthly lease to
a masonry firm to store construction materials out there; the city attorney has drafted
a termination agreement. Schilling said on weed control, Council was concerned about
using herbicides and the weed control was restricted to hand control. Schilling raised
the concern of a commercial enterprise using the property for an equestrian center.
Schilling is also concerned about the delegation of the control of the buildings; there
is lack of adequate covered storage for parks equipment during the winter. Schilling
brought up the issue of should the city receive income from the use of this property,
and should this proposal be put out to bids. Schilling questioned the risk of the city
allowing hang gliders to land on this property. Schilling pointed out a five year lease
may impede the city's long term planning of these properties, and any lease should have
a termination provision to allow the city to plan for the properties.
Mayor Stirling said if the city cannot maintain their open space, perhaps they should
divest interest in it. Mayor Stirling questioned how the taxpayers would feel if the
city leases open space to a commercial enterprise. Mayor Stirling said the Council should
decide if they want to retain this as a ranch atmosphere. Mayor Stirling said he would
like the city to maintain the properties, if possible, to give the widest range of use.
Jim Holland, parks director, told Council he would have to look into how much it would
cost the city to totally maintain the property. Councilman Blomquist said throughout
the country there are public parks with ranch operations on them.
Councilman Blomquist moved to name the Thomas and Marolt properties "Castle Creek park",
place them under the authority of the parks department and request from the parks depart-
ment a management plan including alternatives for futures uses to report back to Council
by March 15; seconded by Councilman Collins.
Councilman Knecht pointed out the North Star ranch is leased out for horses and cattle.
Until a plan for these properties comes up, someone ought to be taking care of the
properties. Councilwoman Walls said she would prefer a year-to-year lease. CoUncilman
Knecht said these properties need a lot of work, and the lease should be long enough so
someone could get their money back. Councilman Knecht said the city has lots of other
properties to deal with that someone should be looking after this property in the mean
time. COuncilman Blomquist said he is requesting a plan produced by the parks department
with options and choices to come back to Council with no jUdgment as to uses. Mayor
Stirling agreed that if the city cannot operate the property, it should be bid out. Mayor
Stirling also requested the report back to Council by February 15. Councilman Collins
said he would like more details on the proposal in order to decide how best to use this
land, and what ranch use entails. Councilman Collins disagreed with renaming the parcels.
at this time. Councilwoman Walls said asking for a plan will take a long time, the
summer will come and nothing will have been done, and the situation gets worse.
Councilman Blomquist withdrew renaming the park and changed the report date to February
15; seconded by Councilman Collins.
Ed Zasacky said one of PCPA,s concerns is the water rights and if the city does not use
them, they may lose them. CouncilwOman Walls said the parks department should give
consideration to the PCPA plan; Council agreed.
Ail in favor, motion carried.
HANDICAP ACCESS RESOLUTIQN
Tom Isaac, representing the Aspen/Pitkin County Accessibility Committee, told Council they
passed a resolution in support of moving the Council chambers to the first floor of city
hall. Isaac said the police department will be moving to the courthouse, and there will
be space available. Isaac said the committee looked into opportunities to make local
government buildings more accessible, and this move is a high priority for this committee?
Isaac urged Council to take this into consideration when planning the renovation of the
first floor. Mayor Stirling said Council has not planned any renovation other than moving
the building department back into city hall. Councilman C~llins said city hall has many
deficiencies, and Council has to decide whether to continue to renovate it according to
the plan adopted a few years ago or seek some other alternatives. Mayor Stirling said
~ity hall is on the capital improvement list, and Council will be discussing that early
in 1985.
ORDINANCE #2.6, SERIES OF 1984 - Refunding Bonds
Finance Director Sonfield recommended this be tabled until January 14, 1985. Councilman
Knecht moved to table this to January 14, 1985; seconded by Councilman Collins. All in
favor, motion carried.
~,~ ~.~=~uz~ Aspen City Council December 10, 1984
ORDINANCE ~29, SERIES OF 1984 - SPA Amendment
Mayor Stirling opened the public hearing. This ordinance is to clarify and define the
existing SPA section of the code, to give guidelines ways of designating SPA sites, way
of reviewing SPA proposals, and to amend adopted SPA plans. Mayor Stirling pointed out
the SPA allows variations of uses, which PUD does not. Alan Richman, planning office,
said Council and P & Z agreed to strike section 4, which addresses specific sites. The
planning office should then look at zoning for these specific siteS. There are 12
parcels with SPA designations.
Richman said the time frame for the precise development plan should be at least 5 years
and no more than 10 years and recommended language to be added to the ordinance. Another
point is the relationship of SPA plans to growth management. Presently an applicant has
to receive an GMP allotment before they can receive final plat approval. Council should
not grant final approval unless an applicant has a GMP allotment. Richman said in a
previous application there was a question whether a property should be zoned for use
when applying for growth management or submit the growth management application first.
Richman said the questions of when to get a growth management allotment and what one
needs to apply for the allotment should be dealt with together. Richman said it makes
sense to do these together.
Richman said an unresolved issue is whether to allow the SPA to allow variations in
density. Richman recommended not requiring a conceptual plan before designation. The
SPA overlay is a vsry protective mechanism of the city's interest; it gives a chance to
master plan properties, to insure solving community priorities. Richman recommend not
eliminating the ability to vary density; this is an incentive mechanism. Richman explained
density is minimum lot area per dwelling unit, the number of units or uses allowed on the
land. Density is not FAR, which is an area and bulk calculation. PUD allows the floor
area ratio to be varied but does not allow the minimum lot area to be varied. Councilman
Blomquist said he would like to do away with FAR bonuses. Richman said this would have to~.
be referred to P & Z.
Spencer Schiff~r, representing the Cantrup estate owner of the Aspen Meadows, has raised
protests to this ordinance and hearing previously, schiffer submitted a letter to the
city attorney outlining his objections. The first issue is notice requirements for
proposed zoning amendments, written notice must be sent to property owners affected by
that change. $chiffer said whenever a government tries to do something with zoning which
would affect rights of property owners, these property owners should be given notice and
an opportunitY to be heard. Schiffer said neither the estate nor Aspen Meadows was
given any notice. Schiffer said if Council proceeds without this written notice, it will
open the door to litigation. Schiffer said another issue is the pending litigation between
the city and the Aspen Institute directly related to the adoption of the prior SPA. The
Institute is alleging it was improper fOr the city to reject their SPA. schiffer read
from the litigation. Schiffer said section 24-7.3(c) gives Council the arbitrary right
to limit development to less than the standards of the zone district, and this section
stands on very tenuous legal grounds. Schiffer said there has to be objective criteria
by which property owners and officials can judge and evaluate property rights. Schiffer
said section 24-7.3(c) takes away property value. Section 24-7.3(d) eliminates any
potential for a GMP exemption. Schiffer said the Aspen Meadows Advisory Board recommendedi
the Aspen Meadows be exempt from GMP, and the adoption of this ordinance would reject that!
recommendation. Schiffer said the Meadows property was never included in the original
land inventory in determining the build out. Schiffer presented his letter of December 10,
1984, into the record.
Richman said the underlying zone has been set up as a guide and there are standards to
work from, with evaluation criteria. The approach is to establish an underlying zone
which works for each parcel. Taddune said the Institute property does present problems,
and these have been apparent since 1979, Taddune said the city's position is that the
zoning applying to that property is the zoning that is there. The property is zoned to
use and the use is what is on the property at present. Herb Klein said the time frame
for development is important. Klein said some thought should be given to how often a
plan could be amended. It doesn't do much good to have a plan that someone changes every
six months. Klein said Council should be careful of having no topset on the density.
Richman said the SPA designation on a parcel, regardless of the underlying zone, means
any action requires precise development plan approval.
John Doremus said the city needs to provide some incentives for the key parcels with SPA
designation to develop. Doremus said putting topset limitations makes no sense. Doremus
said each plan should stand on its own merits and get increased density if it is warrantedl;
Doremus said if the precise plan is not saleable to the community, P & Z, Council, it
will not be adopted.
Mayor Stifling closed the public hearing.
Taddune said Schiffer is making a very technical argument. Taddune pointed out in a
general rezoning of the entire city, the requirements for notice to property owners are
waived. Taddune said a concept is when a property owner participates in a rezoning, an
argument could be made the owner waives the right to complain about procedures. Taddune
said the focus of this. zoning change is the Institute property and appraisers are having
a difficult time in the bankruptcy deciding what the development potential for this
property is. Taddune pointed out the report from the Meadows Board was a report and was
not adopted by the Council. Richman said in his years in the planning office, they have
never noticed property owners for code amendments.
Councilman Collins moved to table Ordinance ~29, Series of 1984, to December 17, 1984;
seconded by COuncilman Blomquist.
Regular Meeting Aspen ~lty ~ounc~
Council all agreed to take Section 4 out of the ordinance. All Council, except Councilmani~
Knecht, were in favor of adding the time frame language into the ordinance, council
wants to discuss the suggestion of dovetailing allotments and GMP submissions with the
SPA process more. Councilmembers Collins, Blomquist and Mayor Stirling were in favor of
requiring a conceptual plan be given. Councilman Knecht said there is a leap of faith in
this ordinance and one has to consider changes in the town and changes in administration.
Councilman Knecht said it is important to be able to vary density to give latitude to let
developer come up with best possible plan than to restrict it.
Councilman Collins said originally only three or four parcels had the SPA designation and
over the years there was a proliferation of these to take advantage of the SPA fleXibility,I
Perhaps there has been some improper use of SPA by the city, and these were not acceptable
to the community. Councilman Collins said he does not think the city has honored the
intent of the SPA, and asked the planning office to review the SPA. Councilman Collins
said he would like a cap on the review criteria and standards, like density.
All in favor, with the exception of Councilmembers Knecht and Walls. Motion carried.
SMUGGLER MOUNTAIN REPORT - RESOLUTION #44, SERIES OF 1984
City Manager Schilling said Jim Curtis had asked Council to take advantage of the EPA
comment period, which expires December 14, to comment on the hazardous material superfund
site at Smuggler Mountain. The city, county and EPA staff have met and have drafted a
resolution for Council to forward to EPA. Schilling said he has tried to avoid any city
exposure of liability for expenses. There is a question about the remedial intervention
feasibility study, which is the next phase of the project. There is a provision where a
local community can take over this Phase. The EPA estimates if the community does it,
it Will cost $175,000 to $250,000; it will cost the federal government more. Schilling
said he is concerned about the city getting involved because that study money is practical%y
non-recoverable. Schilling said if the city went on to do the mitigation work, that money
would not be recoverable either. Schilling said if the EPA proceeds with this project,
the expenses made by the federal government they would seek to recover from "responsible
parties".
Schilling said the resolution requests that because the information coming to the environ-~
mental health staff, there is reason to question whether the data EPA looked at is
accurate data. Also the resolution asked the government to look at whether the methodolog~
used to collect the data was practical in all cases. This resolution is asking the govern.
ment to completely review all the data suggesting the designation as a superfund site.
This also requests the EPA to continue the public comment period to a reasonable date
after the review data is in. The resolution also requests the city and county be apprised
of the review study and all data collected. Schilling told Council the county has adopted
a similar resolution.
Councilman Blomquist suggested changing the resolution to indicate that the city will not
do the study. Couneilman Blomquist moved to approve Resolution #44, Series of 1984, with
the addition "EPA has done" on line 2, page 2; seconded by Mayor Stirling.
Tom Dunlop told. Council the EPA has done enough studying ground water, surface water, and
air to decide the scoring the data was put through was sufficiently high enough to declare
this a potential hazardous waste site. Next the EPA goes through the process to declare
this a hazardous waste site. The EPA takes the next data and decides what the remedial
action will be. Mayor Stifling said he feels it is important that the city comment to the
EPA. Jim Curtis, representing some property owners, said they are supportive of asking
the EPA if this scientific information is correct. Curtis said he would like the resolu-
tion to be more specific about having the EPA make a timely decision about this issue by
adding "a decision be determined as soon as reasonably possible". Councilman ~lomquist
accepted the amendment; seconded by Mayor Stirling.
All in favor, motion carried.
LIQUOR LICENSE TRANSFER - Lower East Side
City Clerk Koch explained this is a transfer request for the former Galena Street East.
The file is in order, there is a signed lease. The applicant is Maria Elena Cowan. Thereil
will be major upgraded of the sewer, and the environmental health department is satisfied.
The applicant, Ms. Cowan, told Council she intends to have a middle range family-type
restaurant, which this town needs. Ms. Cowan said she plans to open late December.
Councilman Collins moved to approve the liquor license transfer to Maria Elena Cowan d/b/a
Lower East Side; seconded bY Councilman Blomquist. All in favor, motion carried.
ENCROACHMENT REQUEST - Golden Horn
Jay Hammond, city engineer, requested this be tabled until January 14, 1985. Councilman
Knecht moved to table this until January 14, 1985; seconded by Councilman Blomquist. All
in favor, motion carried.
ENCROACHMENT REQUEST - Jordan
Pat Webster, engineering department~ told Council this fence encroachment is on a road
that is minimally maintained by the city and staff does not have a problem with this.
Bill Jordan told Council all of Sneaky Lane, except in front of his house, is a private
road. Jordan said the city right-of-way is 40 feet wide, the road is no more than 15
feet wide. This is a narrow lot and the city does not maintain the road. Jordan told
Council he did get a building permit and deposited money in escrow in case the encroach-
ment was not approved. City Attorney Taddune said each encroachment request is decided
on its own merits
· -~ ~-~=~ ~pen u~Ly uounc~± December 1~, 1984
Councilman Collins moved ~o grant a license to encroach to William Jordan for a fence
along Sneaky lane conditioned on (1) provision of an updated map prepared by a licensed
surveyor to serve as an exhibit ~o the license; (2) naming of the City of Aspen as co-
insured on the applicants insurance; (3) execution of a standard enroachment license
agreement satisfactory to the city attorney's office; seconded Councilman Knecht. by
All in favor, with the exception of Mayor Stirling. Motion carried.
ORDINANCE #39, SERIES OF 1984 - Eubank Alley Vacation
Councilman Knecht moved to read Ordinance #39, Series of 1984; seconded by Councilman
Blomquist. All in favor, motion carried.
ORDINANCE ~39
(Series of 1984)
AN ORDINANCE VACATING THAT PORTION OF THE ALLEY LOCATED BETWEEN LOTS H AND R
BLOCK 33, ORIGINAL ASPEN TOWNSITE, AND RESERVING EASEMENTS FOR UTILITIES was
read by the city clerk
Councilman Knecht moved ~o adopt Ordinance ~39, Series of 1984, on first reading; seconded
by Councilman Blomquist.
Councilwoman Walls asked the purpose of this vacation request. Dale Eubank said the purpose
is to straighten out what transpires with the property. This is a small piece of the bank
by the river no one maintains, is right next ~o the Eubank house, and is no~ useable by
anyone. Mayor Stirling said he has difficulties with vacation; the city ~s granting the
ground to someone else. Mayor Stirling said there ~s no benefit to the community in
vacating this land. Councilman Collins agreed and past vacations come back to give the
city problems. Councilman Collins said he generally would not support vacations.
Roll Call vote; Councilmembers Collins, nay; Walls, nay; Knecht, nay; Blomquist, aye.
Mayor Stirling, nay. Motion NOT carried.
FINANCIAL PERFORMANCE REPORT - Summer Season
Cindy Shafer, finance department, presented the first seasonal report to Council with the
long range plans, sales 5ax reports. This seasonal report is from May through October.
Councilman Blomquist suggested going back to the quarterly financial reports and have the
seasonal analysis done separately by statisticians. Ms. Shafer said the staff can
identify specific revenes and expenditures that are seasonal. Mayor Stirling said he
would like the seasonal information for the time the M.A.A. is here, for the time the
lifts are open. Councilman Blomquist suggested simplifying the tables to the span of
interest of the Council. City Manager Schilling said the staff will put together a
framework without using any numbers and present that to Council. Council agreed.
ORDINANCE #43, 1984 - Planning Office Fees
Councilman Knecht moved to read Ordinance 943, 1984; seconded by Mayor Stirling. All in
favor, motion carried.
ORDINANCE #43
(Series of 1984)
AN ORDINANCE REESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY THE
ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE NO. 82 (1981),
ORDINANCE NO. 67 (1982), AND ORDINANCE NO. 71 (1983) TO THE EXTENT SAID
ORDINANCES ARE INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED
HEREIN was read by the city clerk
Councilman Knecht moved a~o adopt Ordinance #43, 1984, on first reading; seconded by
Councilman Blomquist.
Mayor Stirling pointed out these increases are 7 per cent, the inflation was around 4 per
cent. Mayor Stirling said he does not see a reason ~o increase the fees this much or at
all. Alan Richman, planning office, told Council these fees were measured by salary and
contract maintenance increases. The planning office fees are designed to offset 100 per
cent of the code administration, not to do this would change~the budget and require more
funding by Council. Richman said the revenues in 1984 will be about $60,000. Richman
told Council that four projects ran into additional billings and four projects received
refunds in 1984. Councilman Blomquist questioned if the small projects are being over-
charged compared ~o large projects. Richman said the size of the project does not relate
to the cost, it is the planning issues. The budget Council adopted was a wash of time
spent processing case load.
Roll call vote; Councilmembers Knecht, aye; Blomquist, nay; Walls, aye; Collins, nay;
Mayor Stirling, nay. Motion NOT carried.
Mayor Stirling moved to amend Ordinance #43, 1984, not to repeal Ordinance #71, 1983;
seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Blomquist,
aye; Walls, aye; Knecht, nay; Mayor Stirling, aye.
RESOLUTION ~43~ SERIES OF 1984 - Lotto
Mayor Stirling said he is strongly opposed to this game being proposed to be legalized in
Colorado to increase revenues. Mayor Stirling said these revenues are generally generated
by poorer people. Councilman Blomquist said the Colorado Municipal League took no
position on this legislation, there are other ways to raise money for parks and the state
has used this revenue for other purposes. Council took no action.
3832
Regular Meeting Aspen City Council December 10, 1984
ROLE OF THE CITY IN THE RESORT - RESEARCH & DEVELOPMENT
Mayor Stirling requested Council to consider an allocation of not more than $5,000 in
order to provide beginning money to pull together six well-known ski resorts. Each of
these resorts have a World Cup downhill. Mayor Stirling said the purpose of this
international resort consortium is to increase tourist business to Aspen by focusing on
the athletic and cultural aspects, to reinforce and promote Aspen's position, and to
create an exchange and flow of tourism, to share approaches on how the different resorts
are run. In time, this inter-resort tourist exchange could be handled by the Aspen
Skiing Company and ARA. Mayor Stirling said right now this should be initiated by Aspen.
The resorts of Wengen and Garmisch-Partenkirchen have shown interest in this idea.
Mayor Stirling recommended the city hire Roby Albouy for three months, have the city
manager work out the details, have a ceiling of $5,000.
Councilman Blomquist moved to grant $5,000 ro initiate this concept; seconded by Council-
man Collins.
Mayor Stirling said Albouy will visit these six resorts, meet with elected officials,
ski companies and resort associations. Mayor Stirling said he feels this is very
important for Aspen. The report should be back to Council by the middle of March.
Councilman Knecht said he likes the concept but feels it is a Aspen Resort Associa'tion
function rather than a government function.
All in favor, with the exception of Councilman Knecht. Motion carried.
LIQUOR LICENSE RENEWALS
Councilman Knecht moved to approve the renewals for Woodstone and Crossroads Drug;
seconded by Councilman Blomquist. All in favor, motion carried.
WORK SESSION SCHEDULE
Mayor Stirling suggested Council meet every Monday when there is not a Council meeting as
a regular work session. Councilwoman Walls said this would increase communications with
Council and with the manager. Council discussed various times and decided to star~ with
Monday January 7, 1985, to see how that will work. This meeting will be with the Wheeler
Opera House Board. Council scheduled a meeting with City Manager Schilling for Wednesday
December 19 at A.C.E.S as an executive session at 5:00 p.m.
Council brought up the trails trade. Councilman Blomquist said he has no problem of no~
having the complete surveys. Taddune said this is a question of cost; the city is
assuming maintenance responsibilities. Councilman Blomquist said he wants the entire
right-of-way for the Rio Grande trail, and a quit claim deed is all right.
Councilman Knecht moved to adjourn a~ 8:50 p.m.; seconded by Councilman Blomquist. All
in favor, motion carried.
City Clerk