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HomeMy WebLinkAboutminutes.council.19850311 Kathryn S/~/Koch, City Clerk Regular Meeting Aspen City Council March 11, 1985 Mayor Stirling called the meeting to order a~ 5:05 with Councilmembers Knecht, Collins, Blomquist and Walls present. MINUTES Councilmen Knecht moved to approve the minutes of February 11, 14, and 25, 1985; seconded by Councilman Blomquist. All in favor, motion carried. CITIZEN PARTICIPATION 1. Stan Mathis said he would like to be added ~o this agenda to discuss an encroachment for the Indenpendence building. If this has to wait two weeks, the scheduled will be ruined. Councilwoman Walls said the Council has not seen the staff reports. Mathis said he jus~ would like a consensus of Council's feelings. Councilman Blomquist said he has a concern about a hotel entrance on the mall. Councilman Knecht moved to add this to the agenda; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Motion carried. 2. David Zaagman said at the bankruptcy court hearings about Cantrup, he thought the city,s agreement had changed. City Attorney Taddune said the only change was that the Koch lumber and Aspen Institute lawsuits will be dismissed. Taddune said he would make a full report to Council later. COUNCILMEMBER COMMENTS 1. Mayor Stirling said not to believe Woody Page's column. 2. Mayor Stirling said the community should be commended for the Winternational event, the entier event went well. 3. Mayor Stirling reminded Council there is a work session on March 18 for a repor~ from Roby Albouy. The staff is not ready to report back on capital improvements, which will be moved to April 1. The water rate structure is moved from April 1 to April 15. ~.~ ...... ~=~.~ ~spen ul%y ~ouncl± March 11, 1985 4. Mayor Stirling said there is a public hearing Thursday, March 14 at 5 p.m. to study the west entrance to Aspen with the traffic committee. 5. Mayor Stirling awarded a fanny pack from the Aspen/Snowmass Nordic council to Council- man Blomquist. 6. Mayor Stirling said the city received a call from Crested Butte about some pending state legislation. This bill H.B. 1271 would take away some municipalities jurisdication controlling the water shed from five miles to the stream bed more or less. Mayor Stirling said he would like a resolution opposing this legislation added to the agenda. Councilman Blomquist moved to add this resolution to the agenda; seconded by Councilman Knecht. All in favor, motion carried. Councilman Blomquist moved to have an executive session to consider land acquisition in order to give further instructions to the staff; seconded by Councilman Knecht. All in favor, with the exception of Mayor Stirling. Motion carried. TRAFFIC COMMITTEE PARKING REPORT Glenn Horn, planning office, said the traffic committee did a study and estimated a need for 1,000 ~o 1700 off-street parking spaces. Horn said this study is very preliminary and the traffic committee recommends a question to the voters of having a study done assessing the parking problems, projecting future needs, location analys~s for a parking structure, engineering and design plans, financial feasibility and a financing plan. The question recommended is "Shall the City of Aspen fund a plan for off-street parking including location, design, engineering, cost and financing for the Rio Grande site and under Wagner Park" Mayor Stirling said the thought the question was too vague and that a plan is not enough. Mayor Stirling suggested an alternate ballot question, "Are you ~n favor of the City of Aspen building an off-street parking garage to be located either under Wagner park or on the Rio Grande or a~ both locations?". Mayor Stirling said the automobile is overwhelm- ing the town and he would rather go one step farther than planning. Councilman Blomquist moved to put on the May ballot, "Shall the City of Aspen establish a downtown assessment district to fund a plan for construction and operation of off-street parking for employees and customers of downtown business, said plan and pro~ec~ to include the location, design, engineering costs of an off-stree~ parking program. Councilman Blomquist said this shifts the burden to those who have the problem, which is a downtown problem. The zoning exempts downtown from providing off-street parking; other construction is required to provide parking. Mayor Stirling said he felt people would vote agains~ this mechanism of funding a parking structure who otherwise may be in favor of off-street parking. David White said the question should be very simple and should give Council a sense of direction. Jay Hammond, city engineer, said the traffic committee wanted the opportunity to study the locations in terms of logistics, costs of building the structure, size of the structure, pay back methods, this study would enable the city to go back to the voters ro make a choice of structures. Horn said this study would prepare working documents to be able to go to bid. Barbara Beckett, traffic committee, said there are costs factors no one knows abo~t. One parking structure might be more aesthetically pleasing but not financially feasible. Jeff Evans said this question ties into the performing arts center, ~ransportation, mall expansion. Councilman Blomquist said there has to be a financing entity. It ~s not a good assumption that the revenues will pay for the parking garage. Councilman Blomquist said the Council should create a financing entity and let them do the planning. Councilman Blomquist said the Mayor's suggested language makes it appear that the City will build the structure. Councilman Blomquist suggested making it clear the general public will not be taxed but that the users and beneficiaries will pay the cost. Bil Dunaway said an election is not needed just for planning. Councilman Knecht said Council should meet with P & Z and the traffic committee and cost out the amount of planning they want. Councilman Knecht said the issue is not whether the citizens want parking but how much it will cost and what the plan is. Councilman Collins said the city has to give the voters the information on who is going to pay for the structure, how big it will, what it will do to circulation. Councilman Blomquist moved next year's general property tax be increased one mill to pay for a parking study. Motion DIES for lack of a second. Mayor stirling moved to change the ballot issue langugage %o read "Are you in favor of the City of Aspen building an off-street parking garage to be located either under Wagner Park or on the Rio Grande or at both locations. Motion DIES for ack of a second. Councilman Collins said there are two plans needed; one is the ramifications of what this structure would do to transportation and circulation, the other is design and engineering. The need, where, how much has to be done first and with this information proceed to the next s~ep. Councilman Collins said he would rather proceed a~ Council level and not take this issue to the voters. Councilmembers Walls and Knecht agreed. Councilman Blomquist moved that the staff be requested to canvass the downtown property owners in those zones in which no parking is required as to their willingness to 3oin in an assessment district to provide parking for the downtown area. Mayor Stirling said these people would want to know their obligation before indicating anything. Council was not interested in this suggestion. Motion DIES for lack of a second. Regular Meeting Aspen ~isy ~ouncli l~lcl£uli ii, l~oJ ~ Peter Forsch, traffic committee, said the city can determine the cosss of both structure, determine some impacts, some funding mechanisms. Forsch said that process need to begin. Mayor StArling agreed a ballot issues helps give impetus. Helen Klanderud said all elements of the overall transportation plan have to be looked at. Evans said the cost of building a parking structure under Wagner park cannot be determined without a soils analysis. Evans said the traffic committee wants a plan not a study. The Council should appropriate 7th penny funds to fund this plan. Councilman Collins moved to direct staff to proceed into the possibilities for parking arrangements downtown, including costs and location (we have a study for Wagner park done many years ago), including getting a consensus of what is the support for this garage from the downtown business people; and need to establish if the city has a realistic approach to this garage; seconded by Councilman Blomquist. Suzanne Caskey said it is clear there is a parking problem; people cruising for parking spaces increase the pollution problem. Ms. Caskey said the county P & Z is reviewing the Aspen Mountain mas~er plan. The county P & Z received a message from the city saying that parking is the number 1 problem. The major impact of the Aspen Mountain plan will be parking in the city, and the county P & Z would like some suggestions on how to mitigate this impact. All in favor, with the exception of Mayor StArling. Motion carried. Mayor StArling said staff should have the first look at this proposal by April 22. Council- man Blomquist asked if there is a need for consulting help or just in house. City Manager Schilling said he will review what the staff can do and cannot do. Mayor StArling asked for a preliminary report at the nexs Council meeting. ASPEN MOUNTAIN MASTER PLAN Glenn Horn, planning office, told Council the county passed a resolution creating a new zone, AF/ski to differentiate between AF-lo This enables the Skiing Company to plan on a long term basis. The new zone district lets the city and county plan for the impacts that may result from ski area development. The county is referring this to the city as part of Aspen mountain is in the city. The county is suggesting some city people be appointed to attend all meetings discussing the Aspen mountain master plan; three people from the P & Z have been appointed. Horn said the base facility at Little Nell will be reviewed by the city when there is a plan for that. Councilman Collins asked if the city had to approve the master plan for Aspen mountain if parts of the plan are in the city. Horn said there is no requirement to do that. Peter Forsch, Skiing Company, said Council's review will take place when the Skiing Company submits a plan for the base area. Councilman collins said this is a joint city/county responsibility. Councilwoman Walls agreed this master plan ought to also be in the city's jurisdiction. Fred Smith, Skiing Company, said they feel it is important the city have an opportunity to express what they feel may be potential impacts in the city. The Skiing Company will come back to Council when they have a plan for Little Nell. This master plan is the improvements and construc- tion of lifts on the mountain. Councilman Blomquist said Council should communicate they are supportive of the skier increase on the mountain. Councilman Blomquist said he would like major consideration be given to a gondola with summers use potential. Councilman Blomquist said the city should work with the Skiing Company on a parking solution when there is a parking assessment district. Mayor StArling agreed he would rather see the gondola go all the way to the Sun Deck. Councilman Blomquist said the city will have concerns about the SPA base area problem and the parking impacss. Fred Smith said it is lmporsant to proceed on a time line, and it is the intention of the Skiing Company to accomplish as much as possible to bring Aspen mountain into line. Mayor StArling said better egress off the west side of the mountain will help and to integrase some transportation concepts. Mayor StArling said he is thrilled with the concept the Skiing Company has come up with, and this will be a benefit to town. Mayor StArling said the city should work with the Skiing Company ro get more skier parking. One concept would be to have the Skiing Company pay for a certain amouns of spaces in a parking garage. Smith gave Council a letter stating they believe that the parking problem in Aspen is not necessarily the result of the mountain operations but attempts as auto disincentive, continued growth without parking being required. The Skiing Company agrees to continue to be an active participant in task forces, and to contribute funds to continues studies required by the task forces. The Skiing Company would agree to join whatever community wide organizations are created for the purposes of constructing parking facilities that would reasonably benefit the city and Aspen mountain. Councilman collins said this proposal will increase skier capacity from 3,000 to 4,300. Little Annie ski area had to go through an environmental impact statement, and does this project have to have an EIS. If Little Annie is developed, the total skier capacity will be 9,000 skiers. Horn said the county Code requires the forest service sign off on the proposed master plan. The forest service is considering this now and will documens their finding in an environmental assessment. Horn told Council with respect to Little Annie, the forest service approval has lapsed. Little Annie would have to go through the approval process with the foress service before they could do anything. Horn said 3,000 skiers is the stated capacity but the Skiing Company's average ten peak days is about 3,500 skiers. Horn said the addition is between 65 and 70 acres. Smith said this doesn't count adding existing terrain. Mayor StArling asked about the landscaping plan for Ruthie's restaurant. Smith said he would have to get back to Council. Mayor StArling urged the Skiing Company to find equitable solutions to the employee housing challenge. Forsch told Council as a result of getting the Holiday House, they will be adding 30 beds to the employee housing pool. Mayor StArling said the Skiing Company should keep in touch with RFTA regarding transportation. ~=~u~ ~-~=~uz~% ~spen ul~y uouncl- March 1£, 1985 Mayor Stirling asked about the geological hazards study. Smith said it recommended monitoring the site. The Chen report recommends looking into some mitigations things, like dewatering and pervious membrane. Councilman Collins said he would like the city to approve the master plan, also. Horn suggested this be done through the P & Z as an adopted master plan. Horn said this will come back April 8 for an update. TEMPORARY USE PERMIT - Hickory Smoker and Generic Ordinance Assistant City Manager Mitchell said the city's Code does not addres~ temporary uses or expansions of commercial uses on a temporary basis. These have bee~ dealt with on a judgment basis by staff and by Council. If Council wants to allow ~hese types of uses, this Ordinance is a first step. Mayor Stirling said he feels thi~ordinance still allows for judgmental decisions. This has the potential to turn the dQwntown into a flea market. Mayor Stirting pointed out merchants are paying very high squars foot prices in town. Councilman Blomquist said the smoker operation does not sell ~om the smoker nor is ~t a display. City Attorney Taddune asked if Council wants to encourage innovative commercial uses on a special event basis ~ith certain conditions. Mayor Stirling said he would rather not pursue this idea. Councilman Blomquist said the city should have a solution ro deal with special events with criteria. Mayor Stirling moved not to pursue this ordinance; if staff feels they have another approach they can bring it back to Council; seconded by Councilman Blomquist. All in favor, motion carried. Tom Dunlop, environmental health, told Council this operation does comply with the state pollution laws. Since the city air pollution ordinance was passed, new information has been received and enforcement has been postponed until technical items can be straightened out. Mayor Stirling said the smoker operation was given a ~emporary permit. Taddune said the city expects this use to be abated by April 1 unless the Council can resolve the issue. Charles Willman, representing the smoker operation, requested they be allowed ~o operate until Easter weekend. Willman said his client made provisions ~o come into compliance with the air pollution standards. Willman said his clients intend to operate a long term business; the temporary business is important to raise capital and ge~ clients. Barbara Beckett, residen~ of 720 East Durant just south of City Market. Ms. Beckett said her only access to a~r is on the City Market side and has smoke in her apartment. Ms. Beckett said she feels this business is a nuisance. The town is trying to get rid of smoke, and this operation add to the pollution problem. Georgie Leighton agreed this operation ~s polluting. Mayor Stirling moved to lift the temporary permit and have this operation cease and desist by noon Wednesday Ma~h 13; seconded by Councilman Knechto Councilmembers Walls, Knecht and Mayor Stirling in favor; Councilmembers Collins and Blomquist opposed. BENTLEY'S LEASE EXTENSION Councilman Collins moved to read Ordinance #45, Series of 1984; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #45 (Series of 1984) AN ORDINANCE APPROVING A MODIFICATION TO THAT AGREEMENT BETWEEN THE CITY OF ASPEN AND ALBORZ CORP., PERTAINING TO THE WHEELER OPERA HOUSE, SO AS TO REFLECT A PRIMARY TERM COMMENCING AS OF THE DATE THE LEASE WAS FULLY EXECUTED AND ENDING ON FEBRUARY 1, 1999 was read by the city clerk Councilman Collins moved to approve Ordinance #45, 1984, on first reading; seconded by Councilman Knecht. Sirous Saghotslami told Council when the lease was negotiated it was to run for 15 years from the date he took over; this date was postponed because of construction delays. This created a gap of one month less than 15 years. Saghotslami said for the purpose of renovating historic building tax credit, he is requesting a one month extension. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Mayor Stirling, nay. Motion carried. WEAVER LOT LINE ADJUSTMENT Colette Penne, planning office, told Council lot 2 was created by a previous lot split. The house on lots K through O is known as Pioneer Park and is in the exceptional historic category. This request is to change the lot line to create a larger lot on the east end of the block to be more saleable. One of the criteria for a lot line adjustment is that no more density be allowed. The applicant has agreed to covenant that this lot would be limited to a single family house. The gazebo on lot 2 will be moved to lot 1 prior to the sale of lot 2. The planning office recommends approval with some conditions. The applicant is requesting a separate 12,000 square foot lot rather than the 6,000 square foot lot. Ms. Penne said the staff would not have accepted this lot line adjustmen~ if the covenant were no~ part of the agreement. Ms. Penne said a person could reques~ the covenant be lifted and compete under GMP for more development. Mayor Stirling moved to approve subdivision exception for the purpose of adjusting the lot line between lots 1 and 2 of the Weaver subdivision at 442 West Bleeker as per section 20-19(a) (4) of the Municipal Code such that tot one will contain approximately 17,600 square feet and lot 2 will contain 12,000 square feet with the conditions outlined in planning office memorandum of March 11, 1985; seconded by Councilman Collins. Regular Meeting ~spen u~y Councilman Knecht said he is afraid there might be a large contemporary ho~se overshadowin~ this historic building. This house is a ~ewel and rates the top historic category in town. Councilman Knecht said he would rather buy this for open space and create a park. Councilman Blomquist suggested negotiating a limit on the size of the structure. Bob Hughes, representing the applicant, told Council they have had an appraisal and this land is very expensive. Councilwoman Walls said if Council does not approve this, the building on two lots will be smaller than on 12,000 square feet. Councilman Knecht said he would rather table this and meet with the applicant to see if something could be worked ou~. -- Ms. Penne told Council a single family house on 6,000 square feet is 3200 square feet and on 12,000 square feet is 4200 square feet. Councilman Blomquist moved to table this item; seconded by Councilman Knecht. All in favor, with the exception of Mayor Stirling. Motion carried. Council scheduled a discussion with Hughes Monday, March 18 at 6:30 p.m. REQUEST FOR ENCROACHMENT - Comanche Land & Cattle Company Mayor Stirling stepped down due to conflict of interest. Jay Hammond, city engineer, told Council this is located on the corner of Francis and Third street. The house has a garage and wooden shed protruding into the alley and are requesting an encroachment for these two items. Hammond said the only ma~or issue ~s that the city has an existing power line on the south side of the alley, the line runs over the roofs of the two structures. There is an access problem and a concern about potential liability. There is a possibility the power lines could be brought down on the structures and damage them. The city attorney feels that the applicant can take responsibility for that in the encroachment license. Tam Scott, representing the applicant, told Council they will name the city as insured by the owner of the property and a hold harmless clause in the encroachment agreement. Scott said these two buildings are an unenclosed carport and a small storage shed. Scott said the encroachment licenses are revocable at the will of the city. Scott said the shed has been there 15 or 20 years and the carport over 10. Councilman Blomquist moved to approve the encroachment request with the standard license form; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. REQUEST FOR ENCROACHMENT - Independence Building Stan Mathis told Cour~il there are existing encroachments for the stairs on the Galena street side, the awning over these stairs, the stairway %o the upstairs, in the alley there are several encroachments and an old coal shoot. They are proposing to remove the awning, take off the encroachment to the upstairs, and redo the corrugated shed in the alley. Mathis requested extending 1% foot beyond the existing encroachment for the stairs for a new entry into a lobby basement. They are proposing 30 rooms in this new lodge, two downstairs will be for employees, which will nexessitate an encroachment on the alley. ~-~ Mathis said he would like a consensus from Council on whether they will approve this or not until all staff recommendat£ons are in. Mathis said they need this encroachment to make a nice lobby entrance. Councilman Blomqu~st said he does not have problems with encroachments on the mall as it varies things. Councilman Blomquist said he questions whether a short term guest facility should be on the mall. Councilman Blomquist said this use may be a threat to the mall. Mayor Stirling said retaining the historical quality of the building is important. Councilman Knecht said he likes the entrance and giving a 1% feet to get this entrance is all right. Councilman Knecht moved to approve the encroachment request. Motion DIES for lack of a second. Gary Plumley said this encroachment request will crea~s snow removal problems. Plumley said alley encroachments have degraded the alleys over the years. Robert Brunkan explained the intent is ~o clean up the alley. Councilman Blomquist moved to table this to March 25, 1985; seconded by Councilman collins. All in favor, with the exception of Councilman Knecht and Mayor Stirling. Motion carried. LODGE IMPROVEMENT DISTRICT City Manager Schilling told Council he takes a conservative approach to improvement districts, taking into account the exposure of the city, the problems with improvement districts. Schilling said this improvement district is fairly complex and large. There is a responsibility of the city to the property owners who will be assessed by the project and to the city, who has some exposure ~n the creation of the district. There may be legal exposure for procedural errs or omissions. There is exposure in encumbering the expenses of engineering work if the district does not go into effect. Schilling ~s recommending mitigating the legal exposure and ~nsuring that the financial exposures are fair and equitable. Schilling recommended that Council start at the beginning again. schilling said the city benefits from having the Aspen Mountain Lodge property owner and design team make an offer ~o do the engineering work. Schilling said there is a potential for conflict of interest, especially since assessments are calculated by the engineering firm. Schilling recommended the city seek request for proposals from bond counsels and from consulting engineering firms. Schilling recommended that one legal counsel be used as both bond counsel and legal advise for the district. Schilling said there is S15,000 allocated in the budget for staff time for this project, but would like to handle this district so there is no staff assessment. Schilling said there are unknown expenses in this project, there are engineering expenses, survey expenses, there may be right-of-way acquisition expenses. Schilling said usually engineering services on done and the payment is due at the time the ~' bonds are sold, or the district fails. The city would be responsible for the engineering i~ work done if the district did fail. Schilling said that Aspen Mountain Lodge, which is i about 40 percent of the district, is supportive. There are indications that other property owners are in favor. Gary Plumley, CCLC, told Council he has talked to property owners in the district and they all seem favorable. Plumley said the Aspen Alps and the Woodstone have both indicated they would like to be included in the district. Plumley said they would like the lodge improvement construction to be simultaneous with that of private upgrading as there could be some savings and coordination. Councilman Blomquist moved that Council reiterate its support for the formation of a special improvement district for the Aspen Mountain lodge area and authorize the city manager to proceed with requests for proposals from bond counsel and engineering firms; seconded by Councilwoman Walls. John Doremus, representing the Aspen Mountain Lodge project, told Council they are pleased this will move ahead. Doremus said they understand Council's reluctance to involve them in the lodge improvement project as planners. Doremus said the Aspen Mountain Lodge has 11 acres in the center of this district, and the two projects should be coordinated. Doremus said they do not feel this should be engineer oriented, but should be planning and design oriented. Doremus said areas that have been discussed as part of this project are landscape, streetscape, trees, slgnage, graphics, maintenance program, parking and circu- lation, open space, trails, recreation facilities, street and sidewalk design. Doremus said lots of the items are planning issues and then become engineering issues for final design. Doremus said in their preliminary look at this, the estimate was $4,500,000. Doremus said the Aspen Mountain Lodge is burying their utilities at their own cost. Doremus said if the major part of this project is correcting utility problems, the district will be defeated. Schilling said this project will not be done without planning and design input. Schilling said he would not want to see the city put in new streets and then go ~n and dig them up to fix water and sewer lines. Schilling said water and sewer lines are not necessarily part of this project, but they ought to be done before the streets are paved. It has to be determined whether the utilities are a specific benefit, to the property owners, or a general benefit and a responsibility of the utility company. Schilling said his recommen- dation does not preclude design amenities. Schilling questioned if the city includes extra amenities, whether they might he assuming the financial exposure for these. Mayor Stirling suggesting giving the property owners two alternatives of a standard program or one with amenities. Lee Miller told Council his property owners are in unanimous support of having an improvement program. All in favor, motion carried. MAROLT/THOMAS PROPERTY REPORT Jim Holland, parks director, told Council these properties are in need of a master devel- opment plan after resolution of the highway alignment into town. Holland reminded Council there was a request to have a commercial horse operation on these properties. Mrs. Marolt's contract is in effect until August 1986 and will not allow that. Holland recommended expanding the current grazing lease area and ask for requests for proposals for this lease. The third item is weed control.on this property. Holland said by rearranging the priorities he can take care of weed control within the current parks budget. The question is whether to go with a natural program of hand digging or with chemicals. Councilman Knecht said the city cannot do a master plan for this area until they know where the entrance highway is going. Councilman Knecht said he wants the property maintained and looking good and not spend any money on it. The city has too many other things going on. The PCPA feels this originally was a ranch and should be maintained as a ranch until other things are decided. Councilman Blomquist moved to authorize $15,000 to prepare a master development plan and appropriate it from the land fund. City Manager Schilling said if it were not for the highway decision, he would recommend to do the master planning. Because the highway decision has no~ been made, this inhibits long range planning for the properties. Councilman Blomquist said he feels there are only two highway alternatives that are workable, and development plans on each of these alterna- tives in a sketch sense may help solve the highway problem. Councilman Blomquist in favor, the rest of the Council was opposed to appropriating money for master planning. Holland explained to Council the present grazing contract with John Holllnger is that he puts up the fence. At the termination of the contract the city can buy the fence or Hollinger can take the fence. Holland said he would like ~o expand the grazing area on the properties. Holland said he feels horses grazing is an attractive and minimal use. Mayor Stirling endorsed the existing grazing and charge Holland to start getting bids and proposals; seconded by Councilman Knecht. All in favor, with the exception of Councilman Blomquist. Motion carried. Holland said for the weed control on the property he suggests hand spraying with a non- selective herbicide. Holland said this will cost less than hand removal and reseeding program. Councilwoman Walls moved to go ahead with the thistle control program; seconded by Councilman Knecht. All in favor, motion carried. Councilman Collins asked if the city receives any money from the current contract. Holland said the lessee does the irrigating, harrowing, and maintain the property. There is no money exchange, only for the improvements. Hollinger said if this lease is going to public bid, everything else owned by the city and county should go to public bid. TRAILS OPEN SPACE NEGOTIATOR SALARY City Manager schilling said this was brought up at the last meeting and requested to be put on this agenda. Councilman Blomquist said Hal Clark has been the city's representa- tive in previous negotiations and is the executive director of PCPA. Councilman Blomquist said Clark would be willing ~o help the city acquire open space and trail easements. Mayor Stirling said this is more appropriately a role of a city staff person. Councilman Knecht said he would prefer if Clark is going to be negotiating for the city, to be independent from the Council. Councilman Blomquist said his idea was to give the PCPA money for an independent negotiator. Council decided ~o continue as is. ORDINANCE ~3, 1985 Animal Shelter Contract Councilman Knecht moved to continue this meeting to March 18, 1985, for the animal shelter contract; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #8, 1985 - Levying Smuggler Assessments Staff recommended continuing this item until the assessments are ready. Councilman Knecht moved to table Ordinance ~8, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~9, 1985 - Electric Rates Councilwoman Walls moved to read Ordinance ~9, Ser~es of 1985; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~9 (Series of 1985) AN ORDINANCE ADOPTING A NEW RATE SCHEDULE FOR RETAIL ELECTRICAL SERVICE was read by the city clerk Councilman Knecht moved to adopt Ordinance ~9, Series of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers collins, aye; Knecht, aye; Blomquis~, aye; Walls, aye; Mayor Stirling, aye Motion carried. · ORDINANCE ~2, SERIES OF 1985 - Appropriations Mayor Stirling opened the public hearing. Mayor Stirling questioned passing this appro- priation when the animal shelter contract is not done. Councilman collins moved to table Ordinance ~2, 1985; seconded by Mayor Stirling. All in favor, with the exception of Councilman Blomquist. Motion carried. ORDINANCE ~5, SERIES OF 1985 - Castle Creek Power Contract Mayor Stifling opened the public hearing. This is to provide electric power to the Castle Creek water plant. Councilman Collins said the $21,000 to run the power underground seems high for 180 feet. Councilman collins moved to table this for a report from the city engineer; seconded by Councilman Knecht. Councilman collins said he would like a break down on expenses or why the lines cannot be above ground. All in favor, motion carried. Finance Director Sonfield asked that Council reconsider tabling Ordinance #2 because the other part is the paymen~ for the Pisten-Bulley. Councilwoman Walls moved to reconsider Ordinance 92, Series of 1985; seconded by Councilman Knecht. All in favor, motion carried. Ms. Sonfield suggested passing the entire ordinance, and the staff won't spend ~he money for the animal shelter until the contract is approved. Councilman Blomquist moved to adopt Ordinance ~2, Ser~es of 1985, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Knecht, aye; Walls, aye; Blomquist, aye; Collins, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #6, SERIES OF 1985 - Voting precincts Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance ~6, Series of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~7, SERIES OF 1985 - Mountain Rescue Lease Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Crdinance ~7, ~r~es of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Knecht, aye; collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. 3865 Regular Meeting - Aspen City Council March 11, 1985 MAROON CREEK HYDROPOWER PROJECT Councilman Collins moved to table this item; seconded by Councilman Blomquist. All in favor, motion carried. RESOLUTION ~7, 1985 Opposing H.B. 1271 City Attorney Taddune presented a letter from CML urging all municipalities to oppose this legislation. Councilman Blomquist moved to approve Resolution ~7, Series of 1985; seconded by Mayor Stirling. All in favor, motion carried. BANKRUPTCY REPORT City Attorney Taddune told Council the bankruptcy court heard this last week. Taddune said the agreement is basically the same as approved by Council a year ago. Two lawsuit settlements have been added to be dismissed, these are the Aspen Institute and the Koch lumber lawsuits. Taddune said the bankruptcy estate has taken the position that the RETT is not applicable. Taddune said if the city does not agree with this position, they will have to litigate this point. Council agreed to discuss this in executive session. Council wen~ into executive session a~ 9:20 p.m.