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minutes.council.19840924
Regular Meeting Aspen City Council September 24, 1984 JOINT MEETING WITH COUNTY COmmISSIONERS Commissioner Child called the meeting to order at 4:15 p.m. with Commissioners Madsen, Klanderud and Blake and Councilmembers Walls~ Knecht, Blomquist and Mayor Stirling present. 1. Trails Discussion. City ~anager Schilling told the Board he and county manager John Eldert have had discussions at the staff level and have reached agreement on most of the major issues. Schilling said the staff is recommending that the city assume ownership in fee and dedicated easements on trails within the city environs. The 5erm '~city environs" is vague and has no~ exactly been defined. The city will agree to maintain the trails at least to the level of the county effort. The county will deed Wagner park separately to the city. The county will agree to assist the city in obtaining easements, rights-of-way etc. necessary for developing the master plan for trails, and will require dedications in subdivisions consistent with that mas~er plan. The county would give to the city specialized equipment and vehicles used in the trails maintenance program. The county will agree to participate in the cost of maintaining the trails outside the city environs,i Schilling told the Boards there is some disagreement on this issue. The county will complete the capital improvements to trails identified for 1984. Vinnie Belfont told the Boards these improvements are mainly to the Hunter Creek trail. Commissioner Child said if the county is to handle the trails outside the city, the county would have to have a crew and equipment; this is what the county is trying to get out of. John Eldert said this will have to be worked out; the county is not expecting the city to take care of trails in the Emma area. Eldert suggested using the water service district boundary as the guidelines. Edlert said the staff wants to keep this agreement as clean and simple as possible and have to renegotiate items every year. Child suggested a contract for services between theli entities. Councilman Knecht said a contract is a good idea because as the trails get developed and built, the city and county can negotiate how much is city or county and have!i a yearly contract. Child asked the value of the equipment the county is giving. Eldert said not very much. Child said he would like to have more criteria and research before the Boards finalize this, Mayor Stirling said the city is enthusiastic about this because? the trail system is a direct amenity to the urban area and attracts people to town. Mayori! Stirling said the trails system has not had the attention paid to it that it needs. . .ii Mayor Stirling agreed to go with a yearly contract and the county pay an annual contribution to the city. Commissioner Blake moved to draw up documents for transference of the trails to the city with a yearly contract for services to be negotiated with the county; seconded by Commissioner Madsen. All in favor, motion carried. Commissioner Madsen moved that the county has.the intent to give its interest in Wagner Park to the city; Commissioner Blake seconded it with the amendment the county has to look into how it was acquired and see if there are any restrictions. All in favor, motion carried. Councilman Blomquist moved that the city has the intent to accept Wagner park; seconded by Councilman Knecht. All in favor, motion carried. Councilman Knecht moved to accept the trails, conceptually, and to see the contract drafted by staff; seconded by Councilman Blomquist. All in favor, motion carried. 2. Scheduling Public Hearings on Ballot Issues. Commissioner Child told Council the county is putting the consolidation issue on the ballot, and are going to reword the question. John Eldert read the highway question; "Shall the Board of County Commissioners take appropriate action to request the Colorado State Highway Department to make improve-~ ments, upgrade and expand highway 82 to four-lane from Basalt to the city of Aspen". Councilwoman Walls pointed out that employees come from Carbondale and what about that section. Pat Dobie, county engineer, told the Boards the section from Carbondale to Basalt is already recommended for four-laning. Commissioner Klanderud said she voted against putting the consolidation issue on the ball~t because the public has very different ideas about what that means. Commissioner Blake said he would like to examine the consolidation plans very carefully. Mayor Stirling said he would like the city and county to co-sponsor information sessions with a moderato~ and people on both sides of the ballot questions. Ms. Klanderud said the county has been discussing the highway issues for the last 18 months and feels it has been discussed to death. Ms. Klanderud said she feels the consolidation issue needs much more study and discussion. Mayor Stirling said the county has made a decision on which alternative they would like for highway 82, and the Pr0s~and cons of the alternatives should be discussed. Blake agreed the County has spend many, many hours on the highway issues and is not interested in discussing it further. The Boards sets October 16 and 23 at 5:00 p.m. for debates on the ballot issues with a moderator and people on both sides of the issues and one member of Council and one Commissioner. 3. Handicap Access committee - Revenue Sharing. Monroe Summers reminded the Boards that earlier this year they gave support in appointing a comr~ittee of local handicap persons to prepare a self-evaluation and transition plan for public buildings in the city and county, which is a requirement for continued participated in revenue sharing funds. The city gets $85,000 in revenue sharing funds in 1984. Summers said the committee has been meeting and working on this project but they do not know how long it will take. The committee wants $1,000 from both the city and county to pay for clerical costs, printing and publishing of this report. Summers said some of this cost will be in-kind and some will be for outside expenses, like printing the report. Commissioner Madsen moved to approve $1,000 from the county; seconded by Commissioner Blake. All in favor, Motion carried. Councilwoman Walls moved to approve for the city an expenditure of $1,000; seconded by Councilman Knecht. All in favor, motion carried. Mayor Stirling moved to pass Resolution 432, Series of 1984; seconded by Councilman Knecht. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Knecht moved to approve the minutes of August 27, September 10, 1984; seconded by Councilman Blomquist. Ail in favor, motion carried. ~egu~ar ~ee~lng ~spen ulsy uouncl± ~ep%emDer z4, ±~4 CITIZEN PARTICIPATION 1. Art Daily, representing Aspen Mountain Lodge, said they need a minor correction in the resolution which created an artificial deadline for filing their preliminary submission. Councilman Knecht moved to add this item to the agenda; seconded by Mayor Stirling. Councilwoman Walls objected to the memorandum being passed out at the last minute and asked why the memos weren't in the Council boxes. City Attorney Taddune told Council he requested Daily to present this to Council to clarify the problem. Councilman Knecht, Mayor Stirling in favor; Councilmembers Blomquist, Collins and Walls opposed. Motion NOT carried. 2. Ken Moore gave Council a report on parking and told them if the city wants quality parking in Aspen, there should be 7,000 parking spaces based on the fact there is 1,348,000 square feet of commercial space. MOore said if the city tries to substitute transit for parking, there will be a bus leaving Rubey park every minute. The Council should start rethinking their goals. Moore said he would be willing to work with the city on the parking issue. 3. Dave Chamben%, manager of Hy-Mountain Taxi and speaking for Mellow Yellow, requested two more taxi parking spaces in town. Chambers said due to the increased activity by the Wheeler and the Hyman Avenue mall, they are asking for two spaces outside Bentley's. Mayor Stirling suggested referring this to the traffic committee. Jay Hammond, city engineer, told Council the committee will present a full report in October. The committee is waiting to meet with the state highway commission. Hammond said the committee will follow this request up. Chambers pointed out to Council that lodges are being renamed and all the lodges called Aspen are creating problems for visitors. Mayor Stirling agreed with this, but naming of lodges is outside Council's jurisdiction. 4. Jon Busch said the trolley task force report will be on the next Council agenda; he will not be present and would like Council to conSider his written report. Busch said cities are leaning toward trolleys, building them and using. Busch said Aspen has a golden opportunity to use the trolleys. 5. Gideon Kaufman said on the Nugget Lodge Council and the applicant had earlier discussed the vacation of the alley. It has come to the attention of the application with the GMP deadline October 1st, they need direction from Council on the vacation issue. Kaufman requested this be discussed along wi~h the rezoning issue on the agenda. Council agreed to discuss this with the rezoning. COUNCILMEMBER COM~ENTS 1. Mayor Stirling said City Manager Hal Schilling would like a chance to talk with Council on issues and policies. Council scheduled this for Monday, October 1 at 8:00 p.m. after budget discussions. 2. Mayor Stirling said the five task force committees on the role of the city in the resort would like a date set to report to Council. Council scheduled this for Wednesday October 17 at 5:00 p.m. MEMORIAL SITE - Vietnam Veterans Chuck Cole told the Council this committee has looked at sites for a memorial from Glenwood to Aspen, and has chosen Aspen as the site for the memorial. The committee had a tour with the city on available sites in Aspen, The committee has chosen a site and is asking Council to make that site available for development by the Vietnam Veterans Committee. Cole said this property will be developed through a public process. The Colorado Council on Arts and Humanities has agreed to help with a competition to ~artists around the country. The director of public art in CCAH will be a consultant for this project. Cole said they hope to bring in public support and interaction and achieve sensitivity for the city. Cole said the site the committee is seeking are the lots west of the Wheeler Opera House. Cole proposed with the city and the artist that is selected to develop this site into a pleasing park site. Councilman Blomquist said the CCLC opposes the location of a memorial in the core area. Dan Glidden said they plan to have a jury of selected artists from the Roaring Fork Valley and to involve as many public as possible. Glidden said they will chose a professionally done work of art and intend to do landscaping in the area. The details will be worked out by the selection committee. One of the criteria is compatibility with the site. Councilman Knecht said this land was bought with the idea of congregating outside the Wheeler and asked if there would be a conflict. Glidden said he did not see a conflict; their committee would like to work with the Wheeler Board and with the city. Cole said one of the prime characteristics of the site is the proximity to the Wheeler, and the artist will have to address this. Cole said his preference is for modest understatement with a piece of abstract art~although it is difficult to identify with as a veteran. Cole said the committee concluded the process, not the product, is what makes this a tribute to Vietnam Veterans. Cole said the veterans group feels honored by being offered a site within the city of Aspen. Councilwoman Walls said she would like to specify that the park and its utilization would not be ruined. Cole said they would have a jury of concernsd citizens representative of different groups of the city; they will have a juror from Council, from the Wheeler Board, support from Glenwood and Carbondale. This representation will protect the interests of the city of Aspen; people will be sensitive to the site. The entire process will be open to the public. Mayor Stirling suggested the Vietnam Veterans committee should make a presentation to the Wheeler Board first. Then the Wheeler Board should make a recommendation to the Council. Councilman Blomquist moved that the Vietnam Veterans committee be asked to meet with the Wheeler Board and CCLC to see if a plan or criteria can be worked out, and to determine the Wheeler Board finds this an acceptable proposal; seconded by Mayor Stirling. Mayor Stirling said the Council has had several proposals for this park and has turned them down. Council is waiting for the Wheeler Board to determine what is appropriate for that park, which is an extension of the opera house. Councilman Collins said he feels it is more appropriate for Council to make a commitment to make this land available and send that as a recommendation to the Wheeler Board. Councilman Collins said he feels the location is appropriate and should support the request, but the details on the area, the size of the lot should come from the CCLC and Wheeler Board. Councilman Blomquist said he feels uncomfortable not having something more definitive, how much of the site will be used, how big the artwork will be. This land was bought as a possible expansion of the Wheeler. The Council should have the Wheeler Board and CCLC report back to Council after more definite design discussions. Cole said the Veterans committee is asking for the entire site, not a 4 by 4 piece of property. The committee would develop it in conjunction with the city's plans for the property. Councilman Knecht!! said this land was bought for open space, and would like to get the park off dead center. Councilman Knecht said he feels the memorial is appropriate. Mayor Stirling said he supports recognition of the Vietnam Veterans but is not sure about giving up publicly purchased space with open space funds to memorials. Mayor Stirling said nothing can match national memorials, and Washington D.C. is an appropriate place for memorials. Mayor Stirling said the area next to the Wheeler is a public open space and he is reluctant to give up public open space to memorials. Councilman Blomquist said the issue is a matter of design, utilization of open space, finish and spirit. Councilmani Blomquist said the Wheeler Board and CCLC can work with this group to make the Wheeler lots an important place. Councilman Blomquist and Mayor Stirling in favor; Councilmembers Knecht, Walls, and CollinS opposed. Motion NOT carried. moved that Councilman Collins/ Council provide, and not to give the land over, but make available land on the two lots adjacent to the west side of the Wheeler Opera House for ~K appropriate Vietnam V~terans memorial ~' · or other suitable sculpture, the dimensions of which will be developed in a program outiining~ criteria and parameters, ahd that~his cc~mlittee~'CCLC, Wheeler Board and other interested citizens who wish to provideJ~i%p~%'tothe program or competition, s© ~ that Council can have an idea of the plan for the park; seconded by Councilman Knecht. Councilman collins said this commission will put together criteria for the development of this site. The criteria will be presented to Council, the Wheeler Board and CCLC. Councilman Blomquist asked who sets the criteria and standards. Cole said the Veterans committee would like to set the criteria in conjunction with the CCLC and Wheeler Board. Dan Glidden said the committee wants to make this a living memorial to the veterans that are alive and well and want to work with the community and to give the community a park. All in favor, with the exception of Mayor Stirling. Motion carried. TRANSIT CO~ITTEE REPORT Mayor Stirling said the bus advisory committee submitted a report to Council at their lasti! meeting. Ron Mitchell, assistant city manager, has submitted a report to Council, and the! request is for Council to have the Roaring Fork Transit Agency review these reports. Mitchell told Council he tried to comment on each recommendation from the advisory committees report in the context of the intergovernmental agreement. Some of the recomm- endations will affect the budget and for some, the intergovernmental agreement would have to be changed. Mitchell said the IGA requires a financial audit but not a management audit. Mitchell said the concerns of the advisory committee and of the Council can be taken care of through the budget process or through Council's representatives on RFTA. The purpose was to have the transit agency as a separate legal entity for a valley-wide transportation. Mayor Stirling said the advisory committee gave Council some good specific suggestions which Council should take into consideration during budget time. Mayor Stirling moved to refer this report immediately to RFTA for their consideration at their next meeting; recommend that Council use this report as part of the study of RFTA to review the 1985 budget; and to express thanks to the committee for bringing this report: to Council; seconded by Councilman Bloqmuist. Dwight Shellman said this report was developed was that he asked Council to appoint a committee to review improvements from the budget and service standpoint. Shellman said his problem as the city's representative to RFTA is that he does not know whether Council was him to represent his views or the views of Council regarding services. Shellman said this report is a device to smoke out the outlines of the city's transportation policies vis a vis RFTA. Shellman said he feels he is wasting time and money if the city and county are going to continue to pump money into RFTA to do things he feels are destructive or do not meet the city's transportation patterns seasonally. Shellman said there are $10,000,000 worth of public assets that are beyond the direct management of the city manager. There is $1,500,000 going to RFTA on an unearmarked basis. Shellman said the RFTA should become accountable to Council in exchange for the money gives to RFTA. The Council should evolve its own transit policy for transportation in the city. ~u~ ~u~g Aspen City Council September 24, 1984 Shellman pointed out the intergovernmental agreement is cancellable on six month notice. City Attorney Taddune said other documents would have to be reviewed, such as the bonds, the agreement with the Federal government. Mitchell said an amendment to the IGA would require approval of both the Council and Commissioners at a joint meeting. Councilman Blomquist said the Council has a report, which they are referring to RFTA for response. Council can deal with these other items after RFTA replies and during the budget process. Ail in favor, motion carried. ORDINANCE #24, SERIES OF 1984 - Annexing Sunny Park Mayor Stirling opened the public hearing. City Attorney Taddune told Council he is in the process of finalizing the zoning and water rights issues. The zoning matter has to go to P & Z; Taddune requested this be tabled to the second meeting in October. Mayor Stirling closed the public hearing. Councilman Knecht moved to continue this until October 22, 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #25, SERIES OF 1984 -Rezoning Nugget Lodger L-3 Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Colette Penne, planning office, said when Council passed the subdivision exception there was one condition that was a~biguous and the applicant was going to the housing authority for clarification. The condition was "a deed restriction approved by the city attorney must be filed with the clerk and recorder restricting unit #100 to low income employee housing guidelines, verification of employment and income of qualified tenant shall be furnished to the housing office upon approval of the tenants qualification, a designation of the unit will be provided to be approved by the housing office. Ms. Penne said the intent of the L-3 ordinance was to house employees of the lodge, not to restrict the units to a particular income category. The housing office would like a low income deed restric- tion on the unit with an agreement the Nugget could house their employees without qualifica~ tion of income or assets. Councilman Blomquist moved to adopt Ordinance #25, Series of 1984, on second reading; seconded by Councilwoman Walls. il Ms. Penne said this lodge was zoned L-3 during the class action rezoning; however, an incorrect legal description was given for the Nugget and one-half of two lots was not il zoned L-3 with the rest of the lodge. Councilman Collins said in rezoning, there is an impact on the neighborhood. This lodge will be able to expand along Bleeker street, which is R-6 zoning. Councilman Collins said expansion on the Bleeker street side will aggravate traffic. Ms. Penne said Council can comment on the expansion when the lodge applies for it. Ms. Penne said it is important the parcel be L-3 for the purposes of ownership. The two different zone categories was a matter of oversight. Ms. Penne said if the Nugget is applying for new lodge units, it will have to go through the GMP process. Roll call vote; Councilmembers Blomquist, nay; Knecht, aye; Walls, aye; Collins, nay; Mayor Stirling, aye. Motion carried City Attorney Taddune recommended the housing authority establish a policy about employee houSing in lodges rather than having a tailored situation. Taddune said this becomes impossible to enforce. Gideon Kaufman, representing the applicant, said the housing authority took the position that this requirement was not to provide housing for the ~ community but to guarantee these units to be maintained for employees of the lodge. Kaufman said the employee unit will be turned over to the homeowners association; it cannot ii be sold and cannot be rented to anyone other than a lodge employee. Councilman Blomquist asked that the housing office and city attorney develop some generic language for employee housing in lodges. Kaufman said there is a question about vacation, and when the~city gives up a piece of property to an owner, the owner should not be benefited. The owner cannot count the vacated alley in open space or FAR. Kaufman said this instance would be trading with the city an existing alley for the alley that used to be. Kaufman said the staff agreed to call this an exchange rather than vacation so that the applicant does not get penalized. Mayor Stirling said he is opposed to vacations unless there is a clear benefit to most of the community. Mayor StirlinH said the alley across Garmisch is vacated through the block, ~ since it is, he will look at the relocation. Jay Hammond, city engineer, told Council there are some maps that indicate %he alley is already vacated; however, they can find no verification of this. Hammond said this request would clear up a matter of benefit both to the applicant and to the city. Kaufman said the proposed Nugget expansion will encroach some patios into the alleyway, andli they would propose a trade to give the city the alley where it has always been and give thel applicant the land they have been using, this would clear up the confusion. Councilman Collins said there should be more study on this. There is a school across the street an~ this i~ a very busy block. Councilman Blomquist moved to approve the exchange; seconded by Mayor Stifling. Councilman Knecht said he would prefer a site inspection. Kaufman said this land has been treated as vacated for a long time. Kaufman asked if the trade is done, would Council be inclined to call this a relocation so the applicant would not be penalized in land calcu- ~ lations. Councilman Blomquist said the exchange is historic, the situation has been existing for years. i Councilman Blomquist and Mayor Stirling in favor; Councilmembers Knecht, Collins and Walls opposed. Motion NOT carried. Regular Meeting Aspen ORDINANCE #26, SERIES OF 1984 Refunding Bonds Mayor Stirling opened the public hearing. Finance Director Sheree Sonfield said the bond market is going down and requested tabling of this until the next meeting. Councilman collins moved to continue the public hearing and table this until October 9, 198~; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~27, SERIES OF 1984 - Amending Section 19-77(a) Backfill Mayor ~irling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Collins asked if staff had been able to give Centennial approval based on the interpretation of the Code on select material. Jay Hammond, city engineer, said the project is going ahead with the backfill. Hammond said after first reading and the impression Council is amenable to the change in Code, he has made a site inspection. Hammond has take~ samples of material that is acceptable on the site for use as backfill and have proceeded on that basis. Councilman Collins said the language in 19-78 seems to do what this Code amendment does. City Attorney Taddune said subsection a says backfill shall be entirely select material and if section 19-77 is read literally, the city engineer would need additional authority for something other than select. Councilman Collins said the phrase "other materials as approved by the city engineer" is explicit enough to leave the decision to the discretion of the engineer without amending the Code. Taddune said the Council can determine how its ordinances should be interpreted. Taddune said the staff feels this amendment was needed because select material is something o~her than native material. Taddune said at the last Council meeting the feeling was that the definition of select material did not encompass native material. City Manager Schilling said in the ASCE guidelines the term select material means a particular thing, which is not native material. Councilman Collins said if the material is approved by the city engineer and soils engineer, anything is acceptable. Councilman Collins said he does not feel this ordinance is necessary. Councilman Collins said he feels the city engineer has the authorit~ right now. Hammond said he presented this ordinance because he felt there was a distinction between select and native material. Councilman Blomquist moved to table Ordinance ~27, 1984, until October 22, 1984; seconded by Councilman Collins. Councilmembers Blomquist, Collins, and Knecht in favor; Councilwoman Walls and Mayor Stirling opposed. Motion carried. Mayor Stirling asked if the mall break on Cooper Avenue related to inadequate backfill. Hammond said that is an old water main which has been giving the city problems for awhile. ORDINANCE #28, SERIES OF 1984 - Amendment to Subdivision Regulations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Collins moved to adopt Ordinance #28, Series of 1984, on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Collins, aye; Mayor Stirling, aye. Motion carried. COMMERCIAL CORE AND MAIN STREET LIGHTING PROJECT Monroe Summers presented an outline of Council's straw-poll votes from a study session held September 17th. Summers said CCLC has tow major lighting projects they are promoting this year; one is exclusively the mall with four cornerstones; the other is an overview of the commercial core and highway 82 from Castle creek bridge to the Cooper avenue bridge. ' This item is the second lighting project. Summers told Council the mall lighting project is out for bid and the bid opening will be September 26th. Summers said the staff is seeking conceptual approval so this project can move forward to design development and construction documents. Councilman Knecht said Council has made it clear they do not want any HID sources within the commercial core at all. Councilman Blomquist said he would also like the existing ones moved. Council concurred. Councilman Blomquist questioned the 20 foot light fixtures. John Cottle, architect, told Council these fixtures are being taken out of the mall and put on Main street. Summers said the lights in the mall are being lowered to make it more pedestrian, and these lights are being moved to fill in the vacancies on Main street where larger fixtures are appropriate. Mayor Stirling said that incandescent sources should be used throughout town. Jon Busch asked if Council has taken into account his considerations for the lighting plan. Councilman Knecht said Council took all Busch's considerations and adapted these into the new plan. Summers proposed a one block test for the winter on Cooper between Hunter and Spring. Gary Plumley, chairman of CCLC, told Council this block has been rewired recently and would be an appropriate block to do the test. The city engineer would like to see the west intersection be used for corner treatment. Plumley said on the north side of Cooper street the cut will be made in the gutter rather than tearing up the sidewalk. This would save some money, would be feasible, and would not i~terfere with other utilities. Hammond said he feels it is important in a test block to do a full treatment of an intersection. Summers said the idea is to start with two lights at diagonals in the intersection. If that is not enough light, more can be added and vice versa. Mayor Stirling said Council agrees on I.A and I.B. Mayor Stirling said he would like to see the costs for a mock-up block and exactly where the lights will be. Plumley said there is a timing problem because of the street cut deadline and so that Council has the winter to review the block. Plumley presented a drawing of where the lights on the mock'up block will be. There will be a total of eight light standards. Cottle told Council it will cost $15,000 to $18,000 for the ~=~u~ ~*~u~ Aspen ul~y uouncl± September 24, 1984 sample block including labor, fixtures, electric hookups. Mayor Stirling moved to approve a ceiling of $18,000 to do a mock-up on the block designated by CCLC this fall for review this winter; seconded by Councilman Knecht. All in favor, ~otion carried. On Paepcke park Council discussed some highlighting of the trees and the gazebo a~d decided against this. Council said this program should stick to stree~ lighting and not lighting private buildings. Planning lights for the courthouse, Mayor Stirling and Councilman Knecht in favor; Councilmembers Walls, Blomquist and Collins opposed. Motion NOT carried. Cottle said when he approached the lighting design, he tried to make it special and to create an image for visitors. Cottle said the Council seems to be wanting an. utilitarian plan now. Mayor Stirling said the Council wants a sense of aesthetics in con~unction with safety and welfare. Councilman Blomquist said he would like to see a uniform, fine standard for lighting throughout the community. After that is done, perhaps the city can get into creative lighting. Council decided not to light City Hall. Mayor Stirling said until Council decides about the Rio Grande master plan, there is no sense in lighting the Rio Grande. Plumley suggested moving the antique fixtures from the Rio Grande to places around town. Mayor Stirling and Councilwoman Walls said this was a fine idea. Plumley said the lodging district is on hold and will be addressed in the lodging improve- ment district. There is a September 24 letter from John Cottle making a proposal for design development and construction documents for $21,850. Cottle said this proposals includes lighting of three buildings and one park, which go~ deleted. Cottle said ~e would present a new proposal. Councilman Blomquist said he would like to see a lighting standards for the residential areas to establish a level of lighting for the city. Mayor Stifling asked Cottle to be more precise about what the work is ~or. Councilman Collins said he would be interested in seeing a lighting standard for residential areas. Plumley pointed out various neighborhoods in the city are totally different from each other. Summers said he feels this is out of the purview of CCLC. Summers said the city has been operating on allowing the neighborhoods to evolve their own lighting plans. Councilman Collins moved to ask John Cottle to include a proposal for standards for light- ing the residential areas; seconded by Councilman Blomquist. Mayor Stirling directed City Manager Schilling to handle this as a separate proposal. All in favor, with the exception of Councilman Knecht. Motion carried. Jon Busch said he would like to see the city upgrade the lighting on Main street in the existing fixtures this winter. This would not cost much and would make the street safer. Mayor Stirling asked Schilling to work on this situation. ORDINANCE ~29, SERIES OF 1984 SPA Amendment Councilman Collins moved to read Ordinance ~29, Series of 1984; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~29 (Series of 1984) AN ORDINANCE REPEALING AND REENACTING ARTICLE VII, CHAPTER 24 OF THE MUNICIPAL CODE PERTAINING TO SPECIALLY PLANNED AREAS: AMENDING SECTION 24-2.1 BY IDENTIFYING PUD AND SPA AS ZONE DISTRICT OVERLAYS; AMENDING SECTION 24-3.4 TO PROVIDE THAT THE AREA AND BULK REQUIREMENTS OF THE PARK ZONE DISTRICT SHALL BE SET BY THE ADOPTION OF AN SPA PLAN; AND TO ESTABLISH THE INTENT OF THE CITY COUNCIL WITH RESPECT TO A FUTURE CLASS ACTION REZONING OF THE TWELVE PARCELS CURRENTLY DESIGNATED SPA was read by the city clerk Alan Richman, planning office, reminded Council this issue came up a year ago when Council had discomfort with SPA proposals, like Shapery and Little Nell. The problems Council had with SPA were that the regulations did not give Council clear criteria to judge an acceptable plan or a basis to turn down a plan. Council was concerned because they do not have a clear mechanism to designate SPA or change boundaries, or amend an SPA. Council directed the planning office to look at the SPA regulations and the sites zoned SPA. The planning office earlier reported to Council an analysis of the 12 sites zoned SPA, their current status. The planning office presented three alternatives; (1) keep SPA on all 12 sites, clean up the plans and regulations; (2) eliminate SPA altogether and rezone to PUD; (3) take SPA designation off sites where it is not necessary and clean up the regulations. Richman said ~3 was the recommendation of the planning office because they felt SPA was over-utilized. Council suggested SPA be eliminated, take the PUD regulations and create a second type of PUD. P & Z did not agree with this and spent time on ~rying to maka the SPA regulations work, which addresses Council's problem. P & Z felt there was a simpler alternative. Richman said he feels this is a workable solution and P & Z would like a joint work session to describe their rationale. Richman said he would like a work session because this is complex and Council should review P & Z's recommendations for the specific sites. Richman told Council there are 12 sites zoned SPA, and P & Z is recommending that 9 of them no longer be zoned SPA. The only three sites they have recommended as specially planned areas are the Institute, Little Nell and the Rio Grande. Council scheduled Monday, October 15 for a joint work session with P & Z. Councilman Collins said he would like more explanation on the different approaches, and maybe a list of the advantages and disadvantages of the four alternatives, what are the implications. Mayor Stirling said he would like precise plan addressed, and why it need not be submitted. Mayor Stirling would like a discussion of the difference between overlay and a zone, and what an SPA accomplishes and who is the flexibility for, the applicant or the town. Mayor Stirling asked for a list of what minor changes could be approved at staff level and a discussion of varying use as opposed to varying height and bulk. Regular Meeting Aspen ~lty ~ouncli ~u~ ~, ~o~ Councilman Knecht moved to adopt Ordinance 929, Series of 1984, on first reading; seconded by Councilman collins. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye; Collins, aye; Mayor Stirling, aye. Motion carried. SNOW DUMP REMOVAL SITE Jay Hammond, city engineer, told Council the staff has disCussed alternative locations for snow dump, including Jenny Adair park, the old sanitation plant, the Marolt property, and Benedict gravel pit. Hammond said Jenny Adair park is a good location, but is small and a park in nature, and snow dumping is destructive to the environment. Also, Jenny Adair is close to Hallam lake, and Council has purchased land to protect Hallam lake. The staff is working on cleaning up the pond at Jenny Adair park. Hammond told Council he has discussed the old sanitation site with the sanitation district; they are concerned about disruption to their employee housing. The sanitation district has graded and revegetated the area. Hammond said there is a location on the southeast corner of the Marolt property, which may be useable, there is adequate room and it is not visible. The staff feels access would be difficult in the winter time. Hammond pointed out this location is west of town, which would result in major conflicts with employee and tourists traffic. The last site is the Benedict gravel pits east of town, there would not be major traffic conflict. The site is invisible from residences in the area. Benedict is amenable to using the property for snow dump. The staff feels there is a need for a permanent solution to the snow dump problem. There will be increased costs in hauling snow out of town five times farther than now. The streets department feels an estimate of two additional trucks and drivers is low by half. Hammond said another concern is any major regrading at the Aspen One property is a diffi- cult problem because of the lack for an overall plan for the Rio Grande. Hammond told Council to utilize the Benedict site will require some preparation like, relocating a road some drainage improvements to drain properly, a narrow road channel, defining the snow dump area, using retaining structures to create a situation to function as a snow dump. Hammond recommended to proceed to remove some fill from the Aspen One property to soften the curve of the Roaring Fork river and to cOntinue to use Aspen One as a snow dump for th~ 84-85 winter, and to pursue the permanent solution during this winter and by 1985-86 have a permanent solution in place. Mayor Stirling agreed the city needs a permanent solution but suggested using more than one site. Mayor Stirling suggested for this winter using the Aspen One for inUmediate snow storms and using the other sites identified when the city clears older snow. Council~ man Blomquist said he would like to see the dirt moved out of Aspen One and use it for sno~ dump this year. Councilman Blomquist suggested using snow blowers to move snow in town as the city doesn't need to haul as much snow as they do. Hammond agreed to look at alternate sites for some snow dump but pointed oUt the longer distance hauling does have cost ramifications. Mayor Stirling moved to remove the fill from Aspen One, use Aspen One as the primary snow dump and look for other sites alternatively and pursue a permanent solution; seconded by Councilwoman Walls. Councilman Collins asked where the engineering department plans to put the dirt from the Aspen One property. Hammond said there is a bench below Opal Marolt's homestead that they plan to cover with this dirt. Councilman Blomquist objected to this site. Councilman collins said the engineering department should open up a channel for the river but should leave the dirt on site. The Council needs to plan for this area, and may want to dirt on site. All in favor, motion carried. ORDINANCE ~31, SERIES OF 1984 - Water Extension to Owl Creek Club Councilman Collins moved to read Ordinance ~31, Series of 1984; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~31 (Series of 1984) AN ORDINANCE APPROVING A WATER EXTENSION AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, A MUNICIPAL CORPORATION AND HOME RULE CITY ("CITY) AND OWL CREEK AT ASPEN, A COLORADO CORPORATION ("OWL CREEK") was read by the city clerk City Attorney Taddune told Council he has not prepared this ordinance and will have to confer with the city's water attorney before second reading. A. J. Zabbia said he has worked this agreement out with the water and engineering departments. This is a water extension agreement to serve the Owl Creek club. There is an exising 8 inch stub across the highway which this will connect to. This extension is consistent with the water extension policy. The developer will pay all costs. The plans have been reviewed by the staff. Zabbia told Council the water department has been concerned because there is onlY one line going to the airport. This will help give a second feed Councilman Knecht moved to adopt Ordinance ~31, Series of 1984, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye; Collins, aye; Mayor Stirling, aye. Motion carried. NEW PARKING LOT - Oden Property Monroe Summers told Council this is an area behind the First National Bank where people are parking on a berm, this is causing dirt and gravel into the alleyway. Summers said it appears the berm can be moved and create a small parking lot. The estimate of $1851 including materials and labor will create a parking lot for about 25 automobiles. City Attorney Taddune said he will have to look at the Oden documents to see if there is any ~.~ ..... · ....... ~ aspen ~lty Council September 24, 1984 thing that would prohibit a parking lot. Councilman Blomquist said this property is being purchased with the land fund for open space. Councilman Blomquist said the city should continue the railroad tie wall and stop the cars from parking there. Summers said the staff is just suggesting this as an alternative as there is not enough parking in town. Councilman Blomquist said this is the way the impound lot got located on the Rio Grande property and he does not want to waste priceless public property. Councilman Knecht said as a temporary lot, it is a good idea. Councilman Knecht suggested seeing if the First National Bank would pay for this. COuncilman Blomquist said this is creating a private parking lot on public property. Summers said the staff felt this would be a good use for property whose ultimate use has not been decided. Councilman Blomquist moved to disapprove the proposal and build a fence to keep cars from parking on public park; seconded by Councilman Collins. Councilmembers Blomquist and Collins in favor; Councilmembers Knecht, Walls and Mayor Stirling opposed. Motion NOT carried. Councilman Knecht moved to do this proposal, approach the First National Bank and have them pay for it but it will be public parking; seconded by Mayor Stirling. Councilman Knecht said if the bank doesn't want to pay for it, then leave the property the way it is. Councilman Blomquist said the city charges businesses for using the mall, and the city should be charging for use of public land if it is used for private sector purposes. Councilmembers Knecht, Walls and Mayor Stirling in favor; Councilmembers Collins and Blomquist opposed. Motion carried. ORDINANCE #30, SERIES OF 1984 - Appropriations Councilman Knecht moved to read Ordinance ~30, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #30 (Series of 1984) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $49,475; TRANSFERRING $8,000 FROM THE LAND FUND TO THE GOLF COURSE FUND; APPROPRIATING GOLF COURSE FUND EXPENDITURES OF $13,000; RECOGNIZING ICE GARDEN FUND REVENUE OF $72,000' APPROPRIATING ICE GARDEN EXPENDITURES OF $72,000 was read by the city clerk Councilman Knecht moved to adopt Ordinance #30, Series of 1984, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, eye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. REVENUE SHARING PUBLIC HEARING Mayor Stirling opened the public hearing. Finance Director Sheree Sonfield told Council they must have a hearing on the use of the federal funds from revenue sharing. Ms. Sonfield said these funds must be used for any service that benefits the general public. In the past, the staff has reported using 70 per cent for police protection and 30 per cent for general administration. Councilman Blomquist moved to use the projected $98,000 of revenue sharing funds for public parks in 1985. Motion DIES for lack of second. Councilwoman Walls moved to use $98,000 projected revenue sharing funds for police protection purposes; seconded by Councilman Knecht Councilman Blomquist said the city should not rely on these funds, and police protection should be funded. All in favor, motion carried. Councilman Collins moved to continue the public hearing on the budget to October 9, 1984; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION #31, SERIES OF 1984 - Elective Water Conservation District Board Councilman Blomquist said the judges currently make the appointments and is not sure of the advantage of having this be an elected office. Mayor Stirling pointed out when members are appointed it is like taxation without representation; also there is no provisions for geography, which might leave some areas unrepresented. Mayor Stifling said water is one of the most important resources in Colorado. Councilman Knecht moved to approve Resolution ~31, Series of 1984; seconded by Councitwomah Walls. Councilman Collins said the Council has not had the opportunity to hear the other side of the arguments. Councilman Collins said this seems to be very lopsided. Councilmembers Knecht, Walls and Mayor Stirling in favor, Councilmembers Blomquist and Collins opposed. Motion carried. CONTRACT/SPACE ANALYSIS Councilman Blomquist asked if any other firm had been asked for a proposal. Assistant City Manager Ron Mitchell said when Council approved the move of the police department, he spoke with Greg Cole, who did the original design on the assumption he could get the job done faster because he is familiar with city hall. Councilman Blomquist said he feels the city manager should do an analysis of space needs before it gets to the architecture. Regular Meeting Aspen Councilman Blomquist said Cole's plans where done when there was a different concept about the space needs for city hall. Councilman Blomquist said he would like bids on this. Councilwoman Walls pointed out there are people in town, rather than Glenwood Springs, who could do the work. Mayor Stirling agreed Council should know what the space requirements are, and these are related to the management audit. Councilman Knecht said he does not want to spend any money on city hall other than the space that will be vacated. Mayor Stirling moved to direct the city manager to solicit bids for this project tied to divulging what the space needs are; seconded by Councilman Blomquist. City Manager Schilling said the building department moving downstairs could be handled in- house but the city needs to fix some major dysfunctions in the building, especially in the various parts of the finance. There are high level finance employees who are working in halls and constantly interrupted. Councilman Collins said the Council should decide the level of expense and remodel they want to have done. schilling agreed he is not interested in spending a lot of money on this building until Council decides where they want city hall. Mayor Stirling withdrew his motion. BOARDS AND COMMISSION REPORT City Clerk Kathryn Koch reported she had researched all the Boards. There are three expired terms on P & Z and HPC; two on the Wheeler Board. There are two vacancies on the Clean Air Advisory Board and one on the Commercial Core and Lodging Commission. Ms. Koch reported the Mayor has written letters to members whose terms have expired, and will advertise the vacancies. LIQUOR LICENSE RENEWALS Councilman Knecht moved to approve the renewals of R. Pea's; O'Leary's; Roaring Fork & Spoo~ Aspen Art Museum; Nick's fresh Seafood; seconded by Councilman Collins. All in favor, motion carried. Mayor Stirling said he would like to add to this agenda the deadline of submittal for preliminary plans for the Aspen Mountain PUD or have Council continue this meeting until right before the budget hearing September 25 at 3:00 p.m. Mayor Stirling moved to add this item to the agenda; seconded by Councilman Knecht. Councilman Knecht, Mayor Stirling in favor; Councilmembers Blomquist, Collins and Walls opposed. Motion NOT carried. Mayor Stirling moved to continue this meeting to 3:00 p.m. September 25, 1985; seconded by i Councilman Knecht. Councilmembers Walls, Knecht and Mayor Stirling in favor; Councilmember!s Blomquist and Collins opposed. Motion carried. Council left Chambers at 9:30 p.m. Continued Meetin~ ~spen Cit7 Counc±l September 25, 1984 MaTer Stirl±ng opened the meeting at 3:10 p.m. with Counc±lmembers Knecht and Collins present. ASPEN MOUNTAIN PUD PRELIMINARY City Attorney Taddune said there is a question on interpretation of the procedural require~I ments of the PUD of the Code. Taddune said he feels the preliminary plat application can be filed after the approval of the second resolution, which approved the residential component. The applicants are questioning if they have to file preliminary within six months of the first resolution. The city is taking the position that no construction can start until the whole project has been approved, so it is reasonable to conclude the applicants have six months from the second resolution rather than the first. Art Daily, representing the applicant, said Council's position is that there was no conceptual approval of the Aspen Mountain Lodge project until final action was taken by Council. However, the first resolution on the lodge portion contained a six month deadline for filing preliminary. Daily said he did not feel that was the intent and would like an amendment saying the preliminary submittal is due six months from the date of final approval by Council. Taddune said he feels this would be consistent with his interpretati~h ~. of the phased processing. Mayor Stirling asked if this action would put the city at a disadvantage. Taddune said this does not put anyone at a disadvatange to take as much time as necessary to review a project. i Sunny Vann, planning director, reminded Council when they were discussing the first resolution for the lodge portion of the project, Council added that conceptual approval of i the lodge was not valid until the rest of the project was reviewed and approved. Vann did not remove the six months clause in the first resolution. Vann agreed the deadline for preliminary submittal should be six months from the date of adoption of the employee i housing resolution. Vann said all three resolutions consitutes Council approval of the entire PUD. Councilman Knecht moved preliminary submittal becomes due six months from the third resolution; seconded by Mayor Stirling. Ail in favor, with the exception of Councilman Collins. Motion carried. 3797 Continued Meeting Aspen City Council September 25, 1984 Councilman Knacht moved to go into an executive session at 5:00 p.m.; seconded by Council- man Collins. All in favor, with the exception of Mayor Stirling motion carried. Councilman Collins moved to adjourn at 3:20 p.m.; seconded by Councilman Knecht. Ail in favor, motion carried. Kathryn~, City Clerk