Loading...
HomeMy WebLinkAboutminutes.council.19850722Regular Meeting Aspen City Council July 22, 1985 JOINT MEETING WITH COUNTY COMMISSIONERS. Commissioner Blake called the meeting to order at 4:20 p.m. with Commissioners Ktanderud,'Brautis, Child and Madsen and Councilmembers Walls, Collins, Isaac, Pallin and Mayor Stirling present. Ruedi Transmission Agreement. Mark Fuller told the Boards the Holy Cross attorneys have just received this agreement. Fuller said the staff has been negotiating with Colorado- Ute, assuming they were working with Holy Cross. The Holy Cross attorney is no~ comfort- able with the liability language in this agreement, but has been unable to meet with the staffs. Fuller said he would like to ordinance approved on first reading, and have final consideration in August to give time to work out any differences. The basic dispute is that Colorado-Ute and Holy Cross feel the fact the city and county are putting Ruedi on line only imposes liabilities on them and provides no benefits, and the city and county should be carrying the main liabilities. Colorado-Ute and Holy Cross want this in the form of indemnification. The city and county attorneys feel strongly that the city ahd county are forbidden by the Colorado Constitution to indemnify against expenses incurred by a third party. The staff is trying to reach a compromise ~o insure Colorado-Ute and Holy Cross to a point they would feel comfortable. Tom Smith, county attorney, said the city and county cannot agree to indemify because of constitutional limitations. Smith told the Boards he has made some alternative suggestions, the most common solution is to put a provision in the contract indicating the city and county will name them co-insured, which is standard practice. Smith said a clause could be inserted in the contract that the city's and county's ability to indemnify may be limited by law. Mayor Stirling asked how close the project is to wheeling power. Fuller said 3 to 4 weeks. Fuller said Cclorado-Ute will proceed with inter-connection if there is conceptual agreement on the contract. Fuller said the city and county will have liability insurance required by the utilities. Councilman collins pointed ou~ Holy Cross and Colorado-Ute are getting paid for using their lines. Fuller said he has used that argument, and they feel the city's transmission of power will be stretching the capacity of their pipeline. Fuller said the city may not be able to generate at peak capacity. Fuller told the Boards the staff will study the cost effectiveness of reconductering that line. Child said the agreement in discussing termination said reason for termination does not have to be provided. Fuller told the Boards he asked for reasons for termination, and the other parties refused. Fuller said the alternative is, if Ruedi were terminated without cause, the city and county could go ~o the PUC. Utility companies are required to wheel power under the PUC. Joe Dickinson, electric superintenct, told the Boards all wheeling contract have identical terms, and should include "good and sufficient reasons" for termination and with proper notice., child pcinted ou~ the agreement states that rates shall be reviewed and adjusted by Colorado-Ute every 5 years. This sounds like a one-sided adjustmens. Fuller said wheeling rates are not subject to formal approval by the PUC but have to be filed. This is a one-sided adjustment; Colorado-Ute has some- this Ruedi power needs and they don't want any part of this. All the city and county can do is aski that they justify the ra~e they ask for. The city and county can go to the PUC for relief if they feel the requested ra~e is unreasonable. ~gu~i lv~e~ng Aspen ~l~y uouncl± July 22, 1985 Fuller told the Boards this wheeling rate is about 2% mills less than the original wheelingi! rate proposed, and is identical to the wheeling rate of MEAN. Fuller explained the wheeling rates are from all costs of transmission system wide, divided by total kilowatts. CoUncilman Collins moved to read Ordinance #44, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #44 (Series of 1985) AN ORDINANCE ADOPTING THE AGREEMENT BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, HOLY CROSS ELECTRIC ASSOCIATION, AND COLORADO UTE ELECTRIC ASSOCIATION, FOR THE TRANSMISSION OF POWER FROM THE RUEDI HYDROPOWER PROJECT GENERAL FACILITIES TO THE CITY OF ASPEN ELECTRICAL UTILITY was read by the city clerk Councilman Collins moved to adopt Ordinance #44, Series of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Fallin, aye; Isaac, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ROARING FORK TRANSIT AGENCY BUDGET Tom O~en, county finance director, introduced Bruce Abel, acting manager of the transit agency. Oken said the issues before the Boards are the substance of the budget amendments and whether they are appropriate, and also the budget process for RFTA. Mayor Stirling said it appears RFTA has spent some funds without Council and commissioner approval. Mayor Stirling said the people have lost control of the procedures of the budget. Oken told the Boards the intergovernmental agreement does not address changes to the budget; it was overlooked. Blake said the Board shares the frustration that they are not getting budget information in a timely manner. Oken said the cureent process for getting budget changes to the Boards is that the RFTA board takes the changes through a formal process, then refers it to the Council and Commissioners. Bruce Abel said he would like to see the intergovernmental agreement amended to address budget changes. Mayor Stirling suggested a joint work session on this issue. Councilman Collins suggested approving these budget changes and then setting up budget change guidelines. Councilman Collins moved to approve these changes; seconded by Councilwoman Walls. Councilman Isaac asked if the Council has reviewed any of these project. Mayor Stirling said they were discussed. Madsen said the RFTA Board is in place to review projects. All in favor, with the exception of Councilman Isaac. Motion carried. Madsen moved to approve the supplemental budget changes; seconded by Ms. Klanderud. All in favor, motion carried. Council and the Commissioners scheduled a work session on RFTA budget for August 6 at 4 p.m. Assistant City Manager Ron Mitchell told the Boards there are proposed changes to the intergovernmental agreement. COUNCIL MEETING MINUTES Councilwoman Fallin moved to approve the minutes of June 3, 10, 17, 1985; seconded by Councilwoman Walls. All in favor, motion carried, CITIZEN PARTICIPATION 1. David White presented a resolution from P & Z regarding the roof on the Curton duplex. White told Council P & Z was unanimous in their feeling about this. White told Council the Code was streamlined, and P & Z did not see this application. Mayor Stirling asked this be put on the August 12 agenda. 2. David white told'Council not everyone on the task force was 100 percent behind this "trolley" but were all behind the importance of a transportation loop, connecting~ Rio Grande to Rubey Park and also Lift lA. The transportati°~ link is very vital. 3. Suzanne Caskey, representing the Clean Air Advisory Board, have an urgent request of Council regarding suspended particulates and woodburning. Ms. Caskey told Council wood- burning is responsible for a larger percentage of damaging particals which are just the right size to enter the lungs, and is responsible for more particals that are toxic and carcinogenic than those created by road dust and cars. Ms. Caskey told the Council that the suspended particulates in this community are a heal, hazard, and these tend to exceed the standards. Woodburning is the major culprit for visible haze in the winters, which affects scenic qUality. The present ordinance allows one dirty woodburning device per building, and allows unlimited certified devices. Ms. Caskey said the reasons for this urgent request are (1) the National Air Quality Trend report was released recently, and Aspen has a higher particulate level than many large cities. (2) Aspen is predicted to have a higher probability of violating upcoming particulate standards. Ms. Caskey said there has been approvals of units that could have certified woodburning units at a total of 1282. Ms. Caskey said under the present ordinance, a certified woodburning unit would be allowed in each of the 447 lodge units at the Aspen Mountain Lodge. '(3) The present ordinance is tied to the Oregon testing method for certified units. The first devices were very clean and had emissions of 5 percent of a typical woodburning stove. The Oregon testing method is now allowing devices to be certified whose emissions are 50 percent of d~rty burning units. Ms. Caskey said the CAAB would like Council to adopt an ordinance that would allow only one fireplace per lodge and not allow certified units in every room. Ms. Caskey said they would like Council to approve a resolution of policy intent. ReguLar Meeting Aspen ~lty uouncl± ~u±y zz, ~D City Manager Hal Schilling said if Council agrees, it would adopt its intent to amend the Code to place greater restriCtions, which would guide applicantS seeking a building permit. Ms. CaSkey said the urgency of this request is that the Aspen Mountain Lodge may apply for a building permit, and they have 447 rooms. Councilman Collins moved to add this to the agenda; seconded by CoUncilwoman Walls. All in favor, motion carried. 3. Harry Teague, representing Betty Grindley, read a statement, the trail system may get several large bridges for the trails. Ms. Grindley, etc. proposes a small, inexpensive foot bridge to cross the Roaring Fork from Pitkin Green to the music tent. This would be purely a foot brdige, and Ms. Grindley is interested in contributing $20,000 and would like this considered with other requests for bridges. Mayor Stirling suggested this be integrated with the work the PCPA and Nordic CounCil and planning department are doing. COUNCILMEMBER COMMENTS 1. Councilman Isaac Said Council has gotten several memorandum from the city attorney deal with litigation and Council has never dealt with those memos. City Attorney Taddune suggested scheduling this for the August 26th agenda. 2. Councilman Collins asked the status of the transportation master plan, and would like some discussion of this at the July 29 study session. Roger Hunt told Council the P & Z has been working on the transportation overlay. Council requested an update at the next work session. 3. Mayor Stirling said the upcoming work session are July 29 for long range planning, city hall remodel, and a report on transportation; August 6 at 4 p.m. with the county on RFTA, and the second phase ~lighting program; August 19 at 5 p~m. the report of the M.A.A. Committees. 4. Mayor Stirling added P & Z appointments at the last item to the agenda. 5. Mayor Stirling said the Coors Classic will be held here August 10. The French team will be here for the first time. The restaurant group will provide the breakfasts and dinners for the teams. Mayor Stirling appealed to the community to provide beds as they are short about 90 beds. MEADOWS COMMITTEE Jan Collins told Council the committee has compiled the documents for application for foundation, with a proposed budget. The committee met with the city's finance staff who reviewed possible sources of funding. The committee met with Nature Conservanc~ and walked the property; Nature Conservancy was impressed and encouraged the committee and will report back on whether they will participate or not. The committee wrote to the Trust for Public Land and Heritage Conservation seeking their interest and participation. The committee met with the Aspen Institute and are encouraged from that meeting. PGA SENIORS GOLF TOURNAMENT Jim Holland, parks director, requested this be continued to August 12. EASEMENT ON SAWMILL PROPERTY Craig Ward, Nordic Council, told Council in December 1982 this lot was subdivided and the trail to the M.A.A. was retained but on lot 1 the easement was not put on the plat. The planning department is attempting to get an integrated trail and bridge system into the community. The planning department, PCPA and Nordic Council feel the link at the sawmill is Critical for the trails system. Last week P & Z offered 3 options to obtain the lost trail easement; negotiate with the owner for an easement; condemn the trail easement; or buy the property put the trail easement on it and resell the property. Ward also suggested the city buy the property and keep it as a trailhead. Ward said if the easement is not obtained, the trail system could lose the possibility of a bridge over Maroon creek; this is the last good place to cross the creek. The Nordic Council has come up with the funds to build small bridges across both Maroon and Castle creek at creek bed level. Ward told Council he is working on easements to bring this trail all the way into town. Ward said he would need an easement of 10 feet. Councilwoman Walls asked if this one lot is the only lot holding up the trail to Snowmass. Ward said they have all the easements from the Marolt/Thomas property. Ward said this easement is clearly the best alignment of trails, and there was an easement which was removed from the final plat. Councilman Isaac said the alternative that makes the most sense is condemning the easement. Councilman Isaac moved to instruct the staff to start the procedure to condemn the land for the easement; seconded by Councilwoman Walls. Hal Clark said the price of the easement depends on whether it interferes with the build- ing site. Ward said he has discussed this with the owner, who does not want to s~l just the easement, but wants to sell the whole property. All in favor, motion carried. ENCROACHMENT REQUESTS - Mountain Chalet Ralph Melville told Council their earlier encroachment was dependent upon an agreement with the Aspen Mountain Lodge to exit through their parking garage. Melville said the management company did not want an agreement because of security and the liability. Days Gibson said Council approved an encroachment of 35 by 38 feet, which will not work. They have a new plan to exit onto Miil street and provide 14 undergrourdspaces. This request is for a 15 foot encroachment. Elyse Elliott, engineering department, said the staff supports this if it is limited to 15 feet; there is the benefit of extra parking and not sacrifice the utilities under Mill street. Aspen City Council July 22, 1985 The applicant requested that this be an amendment to the original encroachment agreement. Mayor Stirling ruled that the original request is intact; the exit has been denied and the applicant as asked for an amended exit. This is adding the length of the encroachment going north for an exit onto Mill street. This request provides additional off-street parking. Mayor Stirling moved to accept the proposal of the original request intact and an amendment to exit onto Mill street; seconded by Councilwoman Fallin. All in favor, motion carried. ENCROACHMENT REQUEST - Wheeler Block Councilman collins said he has a conflict of interest and will abstain. Elyse Elliott, engineering department, told Council this request for encroachment is for a stair structure. This building is in the process of renovation. The stair structure was previously there and was removed during renovation. This request is to restore the stairs to their original location; the applicant has permission from the HPC to do this. There is a report from a structural engineer that it is neccessary for the stairs to be placed on the outside, as it would require ma]or renovations to put these inside. The engineering department recommends approval on the condition the applicant supplies a plan for the location of the trash dumpster. These steps add a fire egress to the building. Charles Cunniff told Council the footprint for the encroachment exists presently for access to the basement. Councilwoman Walls moved to approve the request for encroachment; seconded by Councilwoman Fallin. All in favor, motion carried. TROLLEY SYSTEM UPDATE City Manager Hal Schilling said the city does not have enough information to go to the voters with a proposal; however, Council did not want to spend money to update the study prepared by a trolley consultant in 1980. The city has 5 trolleys stored outdoors which have suffered deterioration. There are 3 possibilities; update the trolley study, to store them to protect them, or to respond to people interests in acquiring the trolleys by purchase or lease basis. Mayor Stirling asked why the approved $2500 for the study update was not completed. Schilling said the trolleys were being handled by a staff member who left at about the time the funds were approved, and the connection with the consultant was not completed. Mayor Stirling said the Council had appropriated money to move and protect the trolleys, and this was not done. Schilling said the opinion of the crane operator was the first time they could have been moved was in May. Jon Busch said the trolleys have remained an issue without resolution since 1976 when 6 local residents introduced the idea of antique trolleys to serve a transportation need determined in the 1973 Vorhees report and reaffirmed by the PBQ&D study. The past and present Councils have not answered a fundamental question, do they like the idea of the trolleys and would the community like to see them as part of Aspen's image. Having trolleys give Aspen a marketing value and would set Aspen apart from other ski resorts. Fort Collins just restored a trolley with volunteer help who raised funds and laid track. Fort Collins has 8 blocks of track, and they did it themselves without spending a lot of money. Gaard Moses told Council people an support of the trolleys are the Bank of Aspen, Aspen Mine Company, Molly Gibson Lodge, Crystal Palace, Ajax Management, Aspen Club, Brand Building and read some statements from then in support. Mari Peyton said P & Z unanimously approved a request to Council to fund and order a study for the trolley study on land use, right-of-way, engineering, and cost impact. Roger Hunt said he considers it purposeful neglect that Council ~s not getting the study that they funded. Hunt said Council should listen to the P & Z, CCLC, ARA and Ski Company and fund a study to a logical decision about the trolleys can be made. Hunt said there is an indication there were electric trolleys in Aspen in 1883. Edith Dunn, member of the Clean Air Advisory Board, told Council she would love to see the trolleys in Aspen. The town needs to cut down on carbon monoxide as much as possible, and that should be a consideration. Dick Knecht said the last several Councils expressed some desire to keep the trolleys. Knecht said when he was on Council, they funded $2500 to update the study and $4300 to store the trolleys. Knecht said there are millions of dollars being spent on building and renovation in Aspen, yet pedestrians and the transportation in the downtown core has not been addressed. Jeffrey Evans, traffic committee member, said one of their ma~or recommendations was to move ahead with parking in the downtown area. It is likely the trolleys could become an integral par~ of the parking scheme. Evans said Council should spend the money to come up with hard numbers and realistic means of financing. George Parry, representing the Aspen Resort Association, read to Council a resolution recommending that the city- owned trolleys not be sold. Ramona Markalunas reminded Council there were electric trolleys in Aspen during the silver years. Marvin Jordan, CCLC, told Council the Commercial Core and Lodging Commission recommended to Council they undertake and authorize studies regarding funding and engineering of the trolleys. Jordan after the studies, the community will be in a position to make an intelligent decision. Dan Arrow said he has been talking to downtown merchants, and the least favorable reaction is that the trolley should not be sold. Arrow said the trolleys are a real treasure, they are rare and unique. Suzanne Caskey said the people of San Francisco have a lot of pride in their trolleys. Ms. Caskey said every time some other city shows interest in Aspen's trolley, Aspen does no~ want them to have the trolleys. Cam Spartin said one of the aspects of leadership is re look into the future. There are cars now but might not be here in 30 years. It would be nice to be imaginative rather than crisis oriented. Rick McNeal suggested while the city is preparing to have a trolley system, there might be a way to cooperatively get the trolleys restored, allow their use in Denver for awhile. Mc Neal said if the city is going to keep the trolleys, they should use them. Regular Meeting Aspen City Councl± ou±y ~z, x~o~ Busch read into the record statements from people in favor of these trolleys; the Gassers of Guido's Swiss Inn; Portia Whitaker, Aspen Skiing Company. David Fleisher said he is against the trolleys because it may be like an amusement park. Fleisher said comments he has heard from tourists is they don't like Aspen because it may have become too much a tourist-type attraction. Fleisher said there are residents in the downtown; it is noisy downtown and this could be a big infusion of noise. Peter Naiman said he does not feel a crosstown trolley would eliminate pollution and congestion; it may worsen the situation be people coming to town just to ride the trolley. Bob Grueter, representing the Aspen Street Railway, would like to have the city study the core transportation system, including parking and in the process of this study, see how the trolley might help the solution of cars in town. Councilman Isaac said the city has done a poor job of taking car of the trolley cars, and would not like the city to handle them from now on. If the trolleys are to stay in Aspen, he would like the private sector to take them back or sell them. Mayor Stirling said he has not supported the trolleys for a number of reasons. One is he has not seen the trolleys as part of an overall master transportation plan. Mayor Stirling said he has never seen an estimate of what it would cost to implement a trolley system and how the cost would be defrayed. The city has not been motivated and has not taken care of the trolley cars. Mayor Stirling recommended the staff make an overall downtown parking proposal to Council. City Manager Schilling said the staff will be ready to make a preliminary report to Council in the fall. Mayor Stirling said the trolleys should be dealt with in an overall proposal, where they fit into the downtown parking problem. Mayor Stifling requested staff see where and how and if the trolleys could be integrated into the proposals brought back to Council in the next 90 days. Councilman Collins said there is a work session on transportation July 29; he would also like to take these thoughts to RFTA. All the pieces have to mesh if this is going to work. Mayor Stirling moved to urge staff to integrate trolley into the report of July 29 work session, and follow this with further update and report for August 12; seconded by Councilwoman Fallin. Councilman Collins said he would like staff to proceed with discussions with Rick McNeal of Denver for a cooperative effort. Councilman Isaa~ said he would like to also see an alternative for private funding and running of the system. Councilwoman Walls said she always thought no one wanted to do anything about the trolleys, and organizations tonight have expressed interest in actually putting the trolleys on the streets and using them. Councilwoman Walls said she would like the planning office to know Council wants something positive out of this study, and also RFTA should be brought in. All in favor, motion carried. WOODBURNING DEVICES Ms. Caskey reiterated there are three new points that have come to light which make this request urgent, and are asking Council to adopt a resolution of policy intent to allow staff and the Clean Air Advisory Board to come back with an amended ordinance. City Attorney Taddune said the procedures used in the past would be an administrative delay resolution, backed up by a moratorium ordinance. Taddune said he does not feel a resolu- tion of intent has a lot of effect; however, Council can address a concern that something will occur unless Council puts an end to it. Taddune said a moratorium is a drastic device; however, the staff could resolve that a building permit could be issued but not one that allows a fireplace. Council has used moratoriums for timesharing, lot split subidivisions, against bulk in the RMF zone. Taddune said this resolution addresses an idea the staff feels is urgent and would like Council give a direction to go forward. Herb Klein said the CAAB and staff was under the impression the resolution of intenn would give time and protection, and it is not their intention to ask for anything less than that. Klein said they do not feel amending the present solid fuel burning ordinance would be a lengthly process, and the consequences of not going through with this would render Aspen's clean air regulatory scheme unenforceable. Klein told Council it would put Aspen one hundred years behind if any of the massive projects was allowed to be built with a fireplace per unit. Klein said the CAAB was laboring under the misimpression that certified devices were emitting 5 to 10 percent of dirty fireplace, and they are not. Lee Cassin, environmental health department, told Council the first certified clean burning devices had only a small emission; stoves certified now under Aspen's ordinance emit up to half the pollution of a dirty burning stove, when they are operating properly. Councilwoman Fallin moved to declare a moratorium for 90 days to study and come up with an ordinance addressing fuel burning devices; seconded by Councilman Collins. Taddune said he could present a moratorium resolution by the end of this meeting. Klein said the CAAB is concerned that everything they have worked hard for could be runied with just one project, like a lodge project. Not all building will have to be stopped. Councilwoman Fallin said her objective is not to have a flood of fireplace applications the next few days. Councilman Isaac said he is concerned because this moratorium is being addressed towards one project. Ms. Caskey said the one project is a catalyst in this, but the CAAB has also learned about the Air Trends report and that the city's ordinance is not helping cut the emissions as previously thought. Ms. Caskey told Council the present ordinance allows a lodge to have one dirty burning device and unlimited certified devices, which was just learned is not as clean as thought. All in favor, with the exception of Councilman Isaac and Mayor Stirling. Motion carried. Council put the rest of this issue off to the end of the agenda. ~egu±ar ~eenlng Aspen ~lty ~ouncl£ duly ~2, POPPIES LIQUOR LICENSE Rick Neiley, representing the applicant, told Council he has been working with the staff to work out this problem. Council gave a temporary extension of the liquor license renewal of 90 days. Lee Cassin, environmental health department, told Council in order to have a valid liquor license, an establishment must have a valid food service license. When licenses come up for renewal, the department comments on compliance with the food service regulations. The environmental health department found Poppies did a remodel which was determined Poppies had to bring their restrooms into compliance with the law. The State Health Deparnment agreed. Poppies then asked the State for a declaratory order and a hearing on compliance with the restroom decision. Poppies has had two extensions of their liquor license renewal. City Manager Hal Schilling told Council Poppies added 130 square feet to the restaurant by moving a wall. Cassin proposed the liquor license renewal be conditioned upon s written agreement that when the appeal process has ended, if the State says Poppies has to add to their restrooms that they will. Rick Neiley said Poppies does not have a problem with the agreement but thinks there are some problems with the regulations. Poppies is looking for a definition of "extensively remodeled". Neiley said he does not feel it is appropriate to be attach- ing the proceedings with the State Health Department to the liquor license. Neiley told Council he has asked the State to clarify what the regulations means, and the State is in the process of doing that. After a State decision, and Poppies does or does not comply., it would be more appropriate no be before Council. Neiley said conditioning the liquor license on this problem makes Poppies feel as if they are doing something improper. Mike Hull, Poppies owner, told Council he challenged this because he feels the Code is excessive for what is practically necessary. Neiley told Council he has filed a petition for declaratory order with the State. The State determined because the local authorities had not taken any action, they would not rule on Poppies' petition. The State directed the rule making body of State to develop a definition, which they are actively pursuing. Neiley said Poppies moved 130 square feet of kitchen into dining space, and they do not feel that is an "extensive remodel". Cassin said her department wants an agreement in writing that Poppies will comply an the end of the appeal process, but they do non have any problem with Council approving the liquor license. Neiley said Poppies will agree with that, but they would rather not have this attached to their liquor license. Mayor Stirling asked if there is a health problem with this. Cassin said not in her opinion. Councilman Isaac moved to approve Poppies liquor license contingent upon having a food service license and a written letter to the city they will comply after the appeal process; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #41, SERIES OF 1985 - Encroachment Procedures Councilman Isaac moved to read Ordinance $41, Series of 1 · 985, seconded by Councilman Collins. All in favor, motion carried. ORDINANCE $41 (Series of 1985) AN ORDINANCE AMENDING SECTION 19-5 OF THE MUNICIPAL CODE, WHICH PROHIBITS OCCUPANCY OF RIGHTS-OF-WAY WITHOUT COUNCIL APPROVAL, TO ADD A REQUIREMENT THAT ANY PERSON SEEKING PERMISSION TO ENCROACH UPON PUBLIC RIGHTS-OF-way MUST SUBMIT AN APPLICATION THEREFOR AND REVIEW FEE IN THE SUM OF $300.00 TO THE CITY ENGINEER was read by the city clerk Councilman Isaac moved to adopt Ordinance $41, Series of 1985, on first reading; seconded by Councilwoman Walls. Mayor Stirling said it is a great idea to clarify this procedure, and asked if the Board of Adjustment needs to be referred to in the submittal process. Mayor Stirling suggested the procedure should add where there is a sequence of other Boards, this should be followed. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Fallin, yes; Walls, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #42, SERIES OF 1985 - Growth Management Date Changes Councilwoman Fallin moved to read Ordinance $42, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~42 (Series of 1985) AN ORDINANCE EXTENDING THE DATE FOR THE SUBMISSION OF LODGE GMP DEVELOPMENT APPLICATIONS SET FORTH IN SECTION 24-11.6 FROM OCTOBER 1 TO DECEMBER 1, FOR THE YEAR 1985 ONLY was read by the city clerk Councilman Isaac moved to adopt Ordinance $42, Series of 1985, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, yes; Walls, yes; Fallin, yes; Isaac, aye; Mayor Stirling, yes. Motion carried. ORDINANCE $43, SERIES OF 1985 - Special Improvement Districts Councilwoman Walls moved to read Crdinance $43, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE $43 (Series of 1985) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REPEALING AND REENACTING ARTICLE VII, CHAPTER 19, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO PRESCRIBE METHODS AND PROCEDURES FOR THE MAKING OF LOCAL PUBLIC IMPROVEMENTS ASSESSING THE COST THEREOF, ISSUING BONDS FOR THE ~egu±ar Meeting Aspen ~lty uouncl± ~u±y zz, ±~D COSTS OF CONSTRUCTING AND/OR INSTALLING SUCH IMPROVMENETS, INCLUDING THE COSTS INCIDENTAL THERETO, AND PRESCRIBING OTHER PROCEDURES AND REGULATIONS IN CONNECTION THEREWITH was read by the city clerk Councilwoman Walls moved to adopt Ordinance #43, Series of 1985, on first reading; seconded by Councilwoman Fallin. Councilman Isaac pointed out Council has been discussing making the Code book shorter, and this ordinance is very long. Jay Hammond, city engineer, told Council this ordinance is based on existing state statutes to establish special districts as well as other muncipal- ities ordinances. Hammond said this ordinance is complicated because of the requirements for public hearings and for remonstrances is an extensive process. City Attorney Taddune made some minor amendments to the ordinance on first reading. Taddune said special improvement districts are very complex and this ordinance has to be lengthy to address all the glitches that can occur. Roll call vote; Councilmember Fallin, yes; Isaac, yes; Walls, yes; Collins, yes; Mayor Stirling, yes. Motion carried. SKI CLUB BUILDING SITE Dick Meeker told Council the Ski Club does not want to be in the position of surrendering the building on Mill street without have a site and time specific to allow them to move into a new building. Mayor Stirling moved that the Council designate an area in the immediate vicinity of and/ or connected to the existing ACR building as the future site for the Aspen Ski Club; seconded by Councilwoman Fallin. Gideon Kaufman said the Ski Club needs some definity that when the time comes, the Ski Club has the ability to construct a building. City Manager Hal Schilling asked Council whose building this is to be. Kaufman said the developer of the Aspen Mountain Lodge has agreed to pay a certain amount of money to build the Ski Club a building. Kaufman said the Ski Club is willing to work with the city to see if there could be multi-uses to the building, but the Ski Club needs a guarantee if that does not come to fruition that in March 1986 they can proceed with their building. Councilwoman Fallin said at a study session there was a plan showing the Ski Club adjacent to the ACR building, and Council was in agreement that was where the building should go. Mayor Stirling said he wants to pursue a multi-use building because it is in the best interests of the community. Kaufman said the Ski Club needs a designation of a footprint and spot before March so that work can begin. Councilmembers Walls, Isaac and Mayor Stirling all support a multi- use facility. Councilwoman Walls said Council ought to be able to give the Ski Club reassurance as well as leaving flexibility about the uses of the building. Mayor Stirling clarified his motion designating the site on the old lift 1 property in the immediate proximity of the ACR building and that on or before January 1, 1986, the Council will designate the footprint; seconded by Councilwoman Fallin. Spence Videon, ARA, told Council the only t~me moving the ACR that would not totally disrupt town would be early April/May. Mayor Stirling said the January date is to allow the Ski Club to do their designing. Councilman Isaac said there still could be a multi- use building on this site. All in favor, motion carried. Mayor Stirling moved to authorize staff to request proposals for architectural services to analyze the space and locational needs for a remodeled/expanded building at the corner of Aspen and Dean streets, and to design said building consistent with the identified needs as designated in the memo; seconded by Councilwoman Walls. Councilman Isaac asked why the city is going this rather than the Ski Club. Kaufman said the Ski Club is willing to pay the architectural fees for their building, but are not willing to pay the fees for a multi-use building. Schilling said the staff intends this be a project under the auspices of the city as a consolidated building. Schilling said this is not to go through design drawings but will be space analysis, concept plans and cost estimates. All in favor, with the exception of Councilman Collins. Motion carried. Meeker asked if the Ski Club signs a document with the developer and by January 1st the Ski Club has not reached an agreement with the city, on March 1st the city will convey to the Ski Club the right to build a building next 5o the ACR building. Taddune said Council's motion encompasses authority to the Mayor to execute an agreement on behalf of the city articulating what has been decided. Schilling asked if the Ski Club is opposed to the approach where the city would construct the building with funds from Aspen Mountain Lodge and other funds. Kaufman said as long as the city would guarantee that the building would get built in a time frame, they would not have a problem. EXTENSION GMP ALLOCATION - East Hopkins Townsite Steve Burstein, planning office, told Council there are precedents for extensions. This is for 180 days. Councilwoman Fallin moved to grant 180 day extension for the East Hopkins Townsite pro~ec~ the extension to expire March 1, 1986; seconded by Councilwoman Walls. All in favor, Councilman Collins abstained, Motion carried. COMMUNITY SCHOOL CAR RAFFLE Mayor Stirling said the Community School as requesting to place a Subaru for raffle near three different events. Gary Plumley told Council this request came to the Commercial Core and Lodging Commission, and they discussed what is appropriate in the malls. During Winternational a Subaru was placed in the mall for raffles. Plumley said the CCLC felt an automobile in the mall is not appropriate. Jim Holland, parks director, agreed a car is not appropriate in the mall or in the parks. Councilwoman Fallin said th~ Community School wants to park the Subaru on the street near these events to sell raffle tickets. Mayor Stirling directed stall to allow the Subaru in regular parking spaces near these events, not in the parks or mall. STREET APPROPRIATIONS Jay Hammond, city enganeer, said this is a request from the streets department for $25,000 of additional funding to augment the streets maintenance for additional paving in town. Hammond told Council with the current budHet, the streets department is falling behind. In the 1985 budget, an additional $50,000 was allocated for paving, which was reduced to $25,000. Finance Director Sheree Sonfield told Council they should be very careful about what they appropriate in the general fund. There may be a leeway of $20,000 to $30,000 but the fund balance is decreasing from 1984. Hammond said the streets department feels deterioration of the streets will continue without this extra maintenance allocation. Hammond said he feels this allocation will help to get the streets department back to a reasonable maintenance program. Hammond told Council Puppy Smith views $50,000 annually to continue to maintain the streets. Mayor Stirling moved to allocate $25,000 from the general fund to do whatever the streets department deems as praorities for 1985; seconded by Councilwoman Faltin. Councilman Isaac said when Neale street was done, the adjacent neighbors paid to have the paving done. Councilman Isaac said he would like that done on other streets or to reimburse the people on Neale street. Mayor Stirling added to his motion Hammond pursue citizen participation in paving the streets but not refund Neale street neaHhbors. All in favor, motion carried. STATUS REPORT INTERNATIONAL PARTNERSHIP Mayor Stirling said Council has met with members of the community, and there is a lot enthusiasm for the concept. A committee will be formed by the Resort Association to work on what the community can do in support of the concept. Mayor Stirling urged Council to designate the city manager to initiate contacts with the cities the Council passed on at the last meeting. Mayor Stirling said he has received a letter of interest in this program from a city in Japan, as well as a visitor from Australia who is interested. JENNY ADAIR PARK REPORT Jim Holland, parks department, said if the city is going to drag line the pond at Jenny Adair park, all three ponds should be done. The other two are located on the Rio Grande and at the Art Museum. The total cost to clean all three ponds is about $21~000. Holland said this area is a settlement pond with no fresh flow of water; it can either be a settlement pond, or a nice pond not both. Councilwoman Walls asksd why the city does not run the storm sewers through the sanitation plan. Jay Hammond, city engineer, told Council that was par~ of the plan when the sanitation district moved. However, the growth in the use of sanitation facilities was higher than anticipated and they retained control of the old plant for back up. Hammcnd said the flows into Jenny Adair park are not able to be routed anywhere else. Hal Clark said at the time there was an issue about a storm runoff plan for the city. Clark said this was the only property that worked for a settling pond because of engineering with the intention to move it to the old sanitation plant. Clark said he is concerned about the health aspect of this settling pond, and it should be periodically cleaned out. Mayor Stirling said until the function is changed, the area cannot functaon both ways. Tom Cardamone said the wildlife at Hallam lake are using this pond. Cardamone told Council there is a safety hazard and the concrete is missang its top grate. Holland said he would repair this. Councilwoman Walls asked if this item could be paid for out of the land fund as parks maintenance. Assistant City Manager Mitchell said he would have to look at the 75/25 provasaon. Mayor Stirling suggested staff look at the tolerance of the land fund to see what is available to spend this summer. Councilman Isaac said a lot of the cost as in trucking, and asked if the city could use their trucks to cut the costs. Hammond said the city might be able to save some money but do not have all the trucks to do the job. Howie Mallory said Hallam Lake may be able to participate with the city an the dredging as Hallam Lake is filling up. Councilman Collins suggested going back to the engineer who originally designed the system and maybe not capture as much flotsam and jetsam in this pond, and let the smaller pieces go on to the river. Mallory said while Jenny Adair is functionally a stream run off, it is adjacent to the city's premier trailhead. Council requested staff to bring back funding possibilities on August 12. DOWNTOWN COMMERCIAL CORE PATROLLING BY POLICE DEPARTMENT Councilman Collins said the city had some CETA money this year, some went into traffic and some into animal control. Councilman Collins said he sees 2 and 3 animal control officers in one truck; these should be traffic control officers and put in the mall. Mayor Stirling asked if there is the ability within existing staffing to make a downtown commercial core assignment everyday. Rich Rianoshek, police chief, not unless rearranging the priorities. Rianoshek said during the daytime, Councilman Collins suggestion makes sense. Rianoshek said at night, he would feel uncomfortable putting anyone but a sworn officer on the mall as there are more serious situations. Rianoshek told Council the police try to get out in the mall as much as possible; however, calls for service are number one Regular Meetlng ~spen priority. The police also patrol the bars between 10 pm and 2 am. Councilman Isaac said the main problems on the mall seem to be during the daytime in the summer. John Goodwin, police department, told Council the police department has been using traffic control officers in the mall, they have made a lot of contacts with people. Goodwin said the major problems in the mall are bicycles and dogs. Mayor Stirling said he has had many comments from merchants in the commercial core about numerous problems; the open containe~i law, underage drinking, bicycles. Gary Plumley, CCLC, said with ne police enforcement for a long period of time, problems will get worse. Plumley said the city needs specific-i ally funded officers to work the commercial core year round, the alleys need to be patrolled. Mayor Stirling said Council will have to address this during the budget and decide whether to change priorities or to augment the staff. Mayor Stirling said the police should utilize uniformed persons in the commercial core whenever possible. ORDINANCE #38, SERIES OF 1985 - Appropriations Mayor Stirling oPened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance ~38, Series of 1985, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Walls, aye; Isaac, aye; Collins, aye; Fallin, aye; Mayor Stirling, aye. Motion carried. CEMETERY LANE EMPLOYEE HOUSING DUPLEX City Manager Hal Schilling told Council Glenn Horn called and due to transportation problems is unable to attend the meeting and asked CoUncil continue this item. Assistant City Manager Ron Mitchell told Council staff has been proceeding on Council's previous action to exercise the city's option to purchase the unit from Penne, Horn, Davis and have signed the option. The unit Horn and DaVis were going to purchase did not work out and they would like to stay in the Cemetery Lane duplex. Mitchell said it is consensus of staff to move ahead based on CoUncil's previous discussion as they felt at least a moral obligation to sell the unit to Elyse Elliott. The staff has gone through the arbitration hearing, set the price of the unit, prepared an agreement for Ms. Elliott. Mitchell said this is an unfortunate situation but feels the staff should proceed as directed. Mitchell told Council the unit is rented until the end cf August, and the city should be able to close after that. Councilwoman Walls said she does not feel it would be appro- priate to reverse Council's action and go back on the agreement with Ms. Elliott. Councilwoman Fallin agreed with this. Councilman Isaac asked if Ms. Elliott had financing. Ms. Elliott said she cannot obtain financing until she has a signed contract but does have a letter from First National Bank that she would qualify for financing. Mayor Stirling directed staff that Council reaffirm their previous action and move this contract along. P & Z APPOINTMENTS Councilwoman Walls moved to appoint Ramona MarkalUnas as a regular member, to appoint Alan Blomquist as a regular member and Jim Colombo be an alternate; seconded by Councilmani Collins. All in favor, with the exception of Councilman Isaac. Motion carried. CONSENTAGENDA Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is You PizZa Run liquor license renewal. All in favor, motion carried WOODBURNING DEVICES City Attorney Taddune told Council staff and Clean Air Advisory Board persons have been working on 3 documents for Council. One is an administrative delay resolution to inform staff the city will not be accepting permits for certain WoodbUrning devices. Second document is an administrative delay ordinance in order to have a public hearing about imposing a moratorium. The third will be an ordinance amending Chapter 11 of the Municipa~ Code. Larry Yaw, representing the Aspen Mountain Lodge, asked Council to consider an exemption for the hotel. They are within two weeks of submitting a building permit. Yaw said for the hotel and first phase it is anticipated there will be four fireplaces in the lobby areas and one each of the approved woodburning devices in the residential units. Yaw said that is one device for every 60,000 square feet. There will be no woodburning devices in the hotel unitS. Yaw told Council what is proposed for the hotel project, the pollution of fireplaces will end up less than what is currently there. Councilman Isaac said he would like to take a calmer look at this problem and not to institute an administrative delay. Councilwoman Fallin said the Council should address fireplaces and amending the present ordinance. Councilman Collins suggested continuing this meeting to July 29th. Yaw said what the Aspen Mountain Lodge is proposing for their project is less than the allowed number of single family residences in the area. Councilwoman Walls moved to continue the meeting to 4:30 p.m. July 29, 1985; seconded by Councilman Isaac. Ail in favor, motion carried. Council left Chambers at 9:30 p.m. Kathryn S~ Koch, City Clerk Mayor Stirling called the meeting to order at 4:35 with Councilmembers Isaac, Walls, Collins, and Fallin present. Mayor Stirling said the goals session for August 16 will have to be rescheduled. Council scheduled this for August 30th. Mayor Stirling proposed an executive session on the Red Roof Inns for Tuesday, July 30 at 2:30 p.m. in the Mayor's office. Mayor Stirling presented a proclamation declaring August 6 "Pause for Peace day". Governor Lamm also declared this Pau~ for Peace day. Mayor Stirling said this is the 40th anniver- sary of the bombing of Hiroshima. Mayor Stirling said all bells in the valley will ring at 3:30 p.m. WOODBURNING DEVICES Lee Cassin reminded Council the Clean Air Advisory Board is requesting to make amendments 5o the woodburning device ordinance. Council then asked for a 60 day moratorium. The CkAB met with representatives of the Aspen Mountain Lodge to try and work out concerns. The CAAB asked the lodge project to submit in writing the woodburning devices they plan on installing in the lodge project. Doug Greybel, Hagman & Yaw, said the lodge project proposes one fireplace per lobby and a limit of 2 approved woodburning devices in the residential units. Councilwoman Walls said she feels one woodburning device in the residential units is entirely enough. Greybel said after consulting with the owners of the project, they do not wan~ to limit to one woodburning device per residential unit. The free market residential units are large, first class units. Greybel said they plan on 7 fireplaces in lobbies and 28 in the residential for a total of 35 for the first phase only. Herb Klein, CAAB, told Council whatever is allowed at the lodge project will not contribute to clean air. Klein pointed out fireplaces in lobbies are not run for energy efficiency or pollution efficiency but are for ambiance and will be running for many hours of the day. One cannot equate fireplaces in lobbies with those in single family residences. Ms. Cassin pointed out in the residential units, the certified devices are likely to be operated more like fireplaces. John Doremus told Council about 70 old fireplaces exist on the site and are being eliminated. Klein said there is an alternative for having gas fireplaces, which is not controlled by the current ordinance. Suzanne Caskey, CAAB, told Council one of the reasons they have approached Council is the new knowledge that there are devices being certified as clean burning that are no~ clean burning. Klein said the current ordinances allows one fireplace per lobby in a lodge; the new ordinance will define a lodge as one project regardless as how many lobbies there are. Councilman Isaac said he does not favor a moratorium. The proposed lodge has 35 fireplaces which will be replacing 70 dirty burning units. This moratorium would be impacting the whole building industry for one project. Councilman Isaac said he would like the developer to commit to installing glass doors on the lobby fireplace to make them better burning and less polluting. Councilwoman Walls said people are getting concerned about air pollution in this valley, and there is a sense of urgency here. Mayor Stirling said the emergency is from the streets and asked when the CAAB ~s going to address that issue. Klein told Council the Clean Air Board has been looking at this ~ssue since 1978 but have not had political support. Mayor Stirling urged the Board to address the issue of pollution from the streets. Mayor Stirling said an administrative delay is no~ needed, but staff should proceed with amending the woodburning ordinance. Councilman Collins said he would like to schedule a work session with the CAAB to go over the issues ~n the July 26th memorandum. Councilman Collins moved to adopt Resolution ~17, 1985, requesting an administrative delay; seconded by Councilwoman Walls. Councilman Isaac said he would prefer a commitment from the developer to glass doors on the lobby fireplaces and to only one woodburning device per residential unit rather than have a moratorium. Jim Pavisha, representing the Aspen Mountain Lodge, told Council he would have to discuss this with the operators of the project. Klein said this moratorium would not shut down all building permits but just the portion with more than one fireplace. Barry Edwards, city attorney's office, told Council the resolution and ordinance should be clear to the building department that no other building permits excep~ for more than one fireplace should be held up. Mayor Stirling said this issue is critical but it is not an emergency, and a moratorium is for when all other alternatives are exhausted. All in favor, with the exception of Councilman Isaac and Mayor Stirling. Motion carried. Councilman Collins moved to read Ordinance #45, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~45 (Series of 1985) AN ORDINANCE IMPOSING A 60 DAY MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF ANY APPLICATION O~ PERMIT FOR THE INSTALLATION OF A SOLID PULE BURNING DEVICE IN ANY SINGLE FAMILY DWELLING, DUPLEX UNIT CONTAINING MORE THAN 1,000 SQUARE FEET HOTEL OR LODGE BUILDING,RESTAURANT/BAR, OR MULTIFAMILY BUILDING, IF SUCH BUILDING ALREADY CONTAINS ONE OR MORE SOLID FULE BURNING DEVICE was read by the city clerk Councilman Collins moved to adopt Ordinance ~45, Series of 1985, on first reading; seconded by Councilwoman Walls. Ms. Cassin added "of more than one" to the second line Councilman Collins amended his motion to include that; seconded by Councilwoman Walls. Roll call vote; Councilmembers Fallin, yes; Isaac, no; Walls, yes; Collins, yes; Mayor Stirling, no. Motion carried. Council scheduled a work session with the Clean Air Advisory Board on the amendments to the woodburning ordinance for August 6 at 7 p.m. Councilman Isaac moved to adjourn at 5125 p.m.; seconded by Councilwoman Walls. All in favor, motion ~~. '~'~.,/~i~/~" ~.:~ Regular Meeting Aspen City Council August 12, 1985 Council met in executive session from 4:10 p.m. until 5 p.m. Mayor Stifling called the meeting to order at 5:10 p.mo with Councilmembers Isaac, collins, Walls, and Fallin present. ~ MINUTES i Councilwoman Walls moved to approve the minutes of June 24, July 8, 1985; seconded by ~_j Councilwoman Fallin. All in favor, motion carried. CITIZEN PARTICIPATION ~ 1.