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HomeMy WebLinkAboutminutes.council.19830711Regular Meeting AsPen City Council July 11, 1983 Mayor Stirlin~ called 'tke meetin~ to order a~- 5:..,0 'o.m. with ~o~...~.llm~£,=._ ~ Collins, Knecht, Walls and Blomquist present. CITI ~E~ ~AETI~I.~ ATIO , ..... lc. that the bicycle + =~ "~ the :halls =e~_m ...... ~etting 1. 5~icholas (.,. r ......... ~) DeMien ~= '" worse, and ~ .... e=e~ ~ome r~',ay :2f enf,~cl..~ this DeMien ~ointed out -~re are lots o peck].., and musical ~ ,?= tke mall, and. the bicycles ~o not mix. !s.,.-oz S~rlinc at ] ........ h, he ~'as k~rely :r.~ss~,! by some .,~;cles; .... sto~pe~ some bicycle them to walk their ' ~ ' -=' b~k ..... John Gccdwlr, Aspen. Polic~ Dep~rt~.ent, ...... .rd the ment tries ~o get out on the mall as often as possible. The police department wou.]~f like citizens ~o help. Edie Dunn said that bicycle riders, in general, are not obeying traffic signals, s~op signs, around town. Mayor Stirling asked if the police ..... :~..t,~L~...~u bicyclers. Goodwin said they s~op bicyclers and talk with them. The police department ~r,.,m ~ltinc ~' ~- ~ ~ec~t =~ they found Jt was not effective: it ~s more has skied away ~ .... ' '. ~_.~e,_s ....... m3..Cl .... bzcycle traffic in the effective 3peakin,~ to them. City Managar ChaFma:n 3ug.zeste~. ~ '-~ ' ' mall ,?. F_.Iz .... ~ffcrt for ~]:e nez: c ...... e ~L weaks. Chaoma:: sai~ ke woulf have s-~aff contact %ka bic'.'cle rental and ret, air =~ tc rami:2~ ~ ~ .... the ma11 2. Michael Gassman read ~o ....... nc~l. a le~e~_ that he is elso o,~bml._~n. Lc ..... ~ C_,.y ,_ou. hc~l of Denver. "Council Members: ' ~ ;.~.ob..em,~ The Cities of Ashen an~ Deny .... bare a terrific .... ,~2por,_d.a~_3 to solve ~ow big People in Aspen have been complaining about this year's puny, lackluster, and generall~ dissappointing Fourth of July Parade. At the same time, people in Denver have been complaining about the traffic congestion increased co~uting times, and all-round inconvenience caused by the numerous parades associated with last week's Shriner's convention. The solution is simple; have next year's Shriner's convention in Aspen. Denver will be spared the disruption of the Shriner's parades and What with motorcycle drill teams, horse battalions, colorful bands, and flying carpets, Aspen will ge~ a parade nobody can complain about. Traffic congestion here will not be a problem because with 35,000 Shriners in town there won't be any traffic anyway. I hope you will take this opportunity to demonstrate how we Coloradans, working ~ogether, can make this a better State for us all." 3. Colette Penne requested permission for the Aspen Historical Society to have a special event permit for their Ice Cream Social, July 31 from 11 a.m. to 3 p.m. at the Aspen Historical Society. Councilman Blomquist moved ~o add this to the agenda; seconded by Councilman Collins. A1 in favor, motion carried. Councilman Blomquist moved ~o approve the Special Event Permit for the Aspen Historical Society for July 31, 1983; seconded by Councilwoman Walls. All in favor, motion carried. 4. Bob Regulski, owner of Aspen Limoslne Service, told Council he serves both Aspen and Grand Junction. Regulski said he has noticed that on Saturdays, the cit~ and county have buses sitting around, and he would like to lease some of them on Saturdays. Regulski said he has a license to operate buses, but needs permission from Council to lease buses. There are people who would like to bring large groups into Aspen through Grand Junction and there is no ground transportation ~o Aspen on Saturdays. City Manager Chapman said if Council thinks this is a good idea, the staff will spend time negotiating a contract. Chapman said he wanted an indication from Council before he spent a lot of time on this. Mayor Stirling said the idea is worth exploring and bringing back to Council for more discussion. 5. Jon Busch asked for guidance with the trolleys; the last Council voted to keep them. Busch said something should be done with the trolleys or they should be sold. Busch told Council the problem is getting critical; the trolleys are sitting outside, and they have been vandalized and are deteriorating in the weather. Busch volunteered to review the history of the trolleys at an informal meeting so that Council can make a decision. Mayor Stirling agreed the trolleys are rapidly losing value. The trolleys need to be used, sold or stored somewhere. Councilman Blomquist suggested sending a crew to the trolleys and have them wrapped right away. Mayor Stirling asked someone from staff ~o look at the trolleys and report back on their condition. City Manager Chapman pointed out part of the agreement on the gift of the trolleys was that Michael Hernstadt would take care of the trolleys. 6. David White asked Council what direction the P & Z should take regarding Rubey Park. The P & Z feels that the community wants a transportation and visitor center at Rubey Park. Mayor Stirling said the Council is going to have a work session to see what direc- tion Council wants ~o go. Monroe Summers told Council he is meeting with the County to see if the city can.get some money for Rubey Park. 7. Monroe Summers reminded Council at the last meeting, the CCLC requested money for a conceptual street scape study for the Wheeler Opera House. The Council wanted to maks sure this was all right with the Wheeler Board of Directors. The Wheeler Board is inter- ested in having this study done. Summers asked Council if it was all right to execute the contracs. Council agreed. 8. Monroe Summers~to.ld Council that John Cooley is present tonight with a proposal for Mardi Gras on the Hyman A~enue Mall to raise funds for the 4-H on July 27, and requested this put added to the agenda. Summers told Council the CCLC has reviewed this and recommended approval. Councilman Blomquist moved to add this to the agenda; seconded by Councilwoman Walls. Ail in favor, motion carried. 9. Jim Butz brought up people wanting to install a sprinkler system and being faced with a tap fee of $3,000. Lutz said water should be based on usage. This is a deterrent to a lot of people to install sprinkler systems. Lutz said sprinkler systems actually save money. Councilman Collins said he has looked into this, and has some comments under Councilmember Comments. COUNCILMEMBER COMMENTS 1. Councilman Blomquist passed out a letter to Councilmembers about the Wheeler Opera House. Councilman Blomquist asked that the Council charge the Wheeler Board, the ARA Board, Arts Council and city staff to review this proposal. The letter addresses what happens to Rubey Park and the basement of the Wheeler Opera House since the proposed tenant turned the space down. Councilman Blomquist said the city has money budgeted for the Arts and Chamber that might pay the rent in the Wheeler basement. Councilman Blom- quist requested the staff and Boards look into this for input. 2. Councilman COllins said he was asked to check into the question of paying $3,000 for tape fees for a sprinkler system. Councilman Collins told Council he checked with the water department, and in this case, there was some misunderstanding about the size and location. ~egu±ar ~ee'alng Aspen CLty Councll July 11, 1983 Councilman Collins told Council the formula for a tap fee is very complicated, and it can be reduced because of credits, etc. ?his particular $3,000 reques5 became $500. Council- man Collins said sprinkler systems can conserve water° City Manager Chapman told Council the staff has discussed this in depth, and he will give Council a report. 3. Councilman Coili~s said he would like to put on the agenda a discussion of the water extension up Castle Creek. Councilman Knecht moved to add this to the agenda; seconded by Councilman Biomquist. All in favors motion carried. 4. Councilman Collins brought up the state lottery, and that the state legislature seems to be taking funds meant for parks and sliding these into the general fund. Councilman Collins said he would like Council ~o consider adopting a resolution asking the legislature to do what was intended with these lottery funds when they went to the voters. Mayor Stirling suggested the city attorney draw this up for the next Council meeting. 5. Councilman Knecht said he thought the city had an ordinances about cars not b~ing sold on the public streets. Councilman Knecht pointed out some used car lots are being develop= ed around town. Councilman Knecht said he would like this researched and the vehicles ticketed. 6. Councilman Knecht said he woul~ like the issue of the Caparella house on the next agenda~ City Manager Chapman pointed out that the Council voted that the current tenants be allowed to continue to lease the house. Chapman said he would get with the assistant City Attorney to see what the city had told them. 7. ~Iayor Stirling announced his office hours at city hall, 11 a.m. %o noon every day. Mayor Stirling said he felt this was very productive, and people are coming ~n. 8. Mayor Stirling said there is a land trade proposed at Ashcroft, which the County Co~issloners passed a resolution about and it is being sent to Congressman Kogovsek. Mayor Stirling said he would like to see Council pass a similar resolution. Councilman Blomquist moved to add this and the Shapery property on the agenda; seconded by Councilman Knecht. All in favor, motion carried. S~UGGLER ~ASTER PLaN A~E~T Mayor Stirling outlined 'the four phases of this program. Phase I is Mill street, tke Mill street bridge, West Gibson, Re~ 5~ountain roa~, Spruce Street, and rights-of-way acquisi- tion for Smuggler & Park Circle. This is being planned for late summer or fall of 1983. The county has allocated money for this in their road and bridge budget. Phase II is Centennial Roa~s~ Park Circle an~ Park avenue~ Phase ~I Center Gibson Avenu, Drainage retention ponds, and Phase IV is Neal street and Neal street bridge. ?he agreement with the County is that they will pay $705,000 for the first phase; the city will come in as equal partners for about a $2~000,000 program. ~ayor Stirlinq enter~ into the record a letter from Rutgers and Baldersons concerned about the neglect of the Smuggler area~ it ~s in bad shap, has been going on too long and should be upgraded. There is a letter from Heather Campbell with 27 signatures of residents of the neighborhood appealing for the repair of raods and the drainage problems; new bridges are not a priority. Ward Hollenstein said the issue is whether or not Centennial Phase IV building goes in. Hollenstein said the area should be taken care of and addressed before a new bridge and phase iV of the Centennial project goes in. ~ayor Stir!lng said that Council has partici- pated in two meetings and has ha~ work sessions abou~ this. Councilman Knecht said he felt the prior~ties are backwards in the Smuggler area. The city has a policy that development should pay its own way. Councilman Knecht pointed out the city had little input into the Centennial project and no input into the loss of the Silverking units. Councilman Knecht said the city needs a plan that is people oriented rather than tkis engineering plan, which is basically providing Centennial phase IV services. Councilman Knecht said Gibson, Neal street ~ridge, and Park avenue are all a mess. Councilman Knecht said the city should take care of the problems first in the city. Councilman Knecht said this plan should be turned ~own, and the Council takes a hard look at what people want in the city and design the plan from that viewpoint. Councilman Blomquist said he has an amended agreement. Councilman Blomquist said he explored the bridge problem with city staff as well as the trails opportunity. Councilman Blomquist said it ispossible to work out a trail along with the bridge. Councilman Blomquist told Council he inserted a "whereas" in his agreement to talk about the overall plan and not just road improvement plan. Councilman Blomquist said he struck all refer- ences to phases other than phase I and added storm dralnage for the trailer park to phase I. Councilman Blomquist outlined the county will fund construction of the first phase; the city will fund subsequent phases of the overall master plan ~n an ~ount not l~ss. than the cost occurred by the county in 1983. The city can put this ~nto trails, open space, recreation, or such uses as they want. Councilman Blomquist put in the agreement that the county will dedicate the land in the vicinity o~ Mill street bridge as open space ~n perpetuity. Councilwoman Walls said she is interested in solving the problems of the drainage for the trailer park, lighting problems and the road in the area that need to be fixed and to strike the bridge and the rights-of-way acquisition. Councilman Collins agreed generally and said there ~s a question of %he need for Centennial Phase IV. If that pro~ect does go ahead, it will have significant ~mpact on the entire area. Councilman Collins said the main question is how the city is going to raise funds to tak~ care of the costs of these improvements. Councilman Collins sai~ the city has an obligation to address the concerns of its citizens, especially in this area. Councilman Collins said the city should back off from this agreement. The city should look at its funds, how to raise the monies, look at the priorities, having to do with circulation, open space, play areas, trails and ~egu±ar ~eetlng aspen ulty uouncl± ou~y ~±, ~J Councilman Collins said he would like to see the Council not adopt this agreement. Council- man Collins said the city should upqrade and ~nhance the general area before taking on any new projects. Counc.ilman Collins said a bridge is needed at Neal street; the Mill street bridge can handle traffic in the immediate future. Councilman Collins said to bring this area up to the standards there are in other areas of the city should be the prime objective. Mayor Stirling said he is prepared to go forward with the county, financially, 50/50 and to county standards. However, Mayor Stirling said he has different priorities than the county. Mayor Stirling said it ~s obvious this project ~s good for the phase IV housing project. Mayor Stirling said he did not believe that the phase IV Centennial project is a necessity at this particular time. Mayor Stirl~nq said he favored for· the f.irst phase West Gibson, Neal to Spruce, drainage, lighting, landscapinq, sidewalk on one side, trails and open space addressed in that. The second phase, Park circle, Park avenue, Neal ~o Park, Neal street bridge from state funds. The third phase is to look at Red mountain road and the Mill street bridge. Mayor Stirling said the funding is a key factor; some of the lighting could come out of the electric fund, the Neal street bridge with Colorado state bridge money, go to the voters for a bond for the b~lance of the improvements. Councilman Blomquist moved to table the agreement. Motion DIES for lack of a second. Jim Moran told Council he felt the agreement was too open-ended, and the questions raised by Councilman Collins are good issues. Moran told Council he participated in the city study of capital improvements. Moran said the ~ssue is how much money is involved and where is it coming from. Moran said in the Blue Ribbon Panel, Smuggler area improve- ments were budgeted at $5,500,000 exclusive of Mill street and Neal street bridges. Using county standards, brings the total to $3,500,000. Moran said there are a lot of quotes and the confusion is how much money is the city talking about. Mike Garrish said what the residents are really asking for is to upgrade the area; they do not want it gold-plated. Garrish said they do not need parks, there are already two parks. ~he residents want the roads fixed. Jon Busch said he liked Councilman Blomquists proposal; improvements are really needed. Busch said he did not have a problem with the Mill stree~ bridge being fixed; it is only $250,000 of the program. Busch said he felt annexation should move ahead. Busch suggested %hat the Mocklin site be purchased as open space. It is a gorgeous proper~y and has tremendous potential. Busch said things need to get done now. Mike $caris said ~he trailer owners have started the ball rolling at Smuggler, and lighting, paving 5he roads and drainage need to be addressed as soon as possible. City Attorney'Taddune said this agreement is not ~n acceptable form for the City Council to vote on. Mayor Stirling said he would like to be partners with the county and to share the costs, but not at all costs. Councilman Collins moved that the city not enter into this project agreement as presented this evening; seconded by Councilman Knecht. All in favor, motion carried. County Engineer Pat Dobie told Council that the county has entered into a contract with Centennial to build the project. The roads are jointly owned by the city and county. The bids will be opened in 8 days. Dobie asked if the county choses to go ahead with the first phase of the pro3ect as outlined, will the city object. Councilwoman Walls said maybe the city should stop trying to reach an agreement and do a plan and funding on their own to do things that need to be done, such as paved road, a drainage system for Smuggler and street lighting. Councilman Knecht said he did no~ wan~ the county messing with the city roads. Councilman Blomquist moved that Council instruct the City Manager not to permit county construction on city streets; seconded by Councilman Knecht. Taddune suggested an amendment of, until further study of the SmUggler area plan and approval by the Council. Councilman Blomquist accepted the amendment, as did Councilman Knecht. Busch pointed out he had looked over the plan and did not see anything in it which is not to the city's advantage. Busch said the road improvements need to be made anyway, and if the county is willing to pay for them, it is something the city will nOt have ~o do. Busch said the city does not have a plan to replace the original one. All in favor, motion carried. ORDINANCE ~27, SERIES OF 1983 - Buckhorn Lodge Rezoning Mayor Stirling opened the public hearing. Colette Penne, planning office, told Council the applicant would like this tabled until August 8th. Councilman Knecht moved to table Ordinance ~27, Series of 1983, until August 8, 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~28, SERIES OP 1983 - Marolt Property Mayor Stirling opened the public hearing. Mayor Stirling said there are still some unfinished matters on this. City Attorney Taddune told Council most of the problems have been ironed out, and he is aiming for a closing on August 4. Taddune said he understood that Council wants the highway and road easement removed from the plat. City Manager Chapman said he will be meeting with the ~enant on this proper~y this week. Councilman Knecht moved to table Ordinance ~28, Series of 1983, until July 25, 1983; seconded by Councilman Blomquist. All in favor, motion carried. Regular Meeting Aspen City Council July 11, 1983 City Manager Chapman told Council he was approached by John Hollinger to extend his agree- ment that he has on the Thomas property. Hollinger pastures his horses in exchange for taking care of the fences and the watering. Hollinger would like to know if Council would be amenable ~o extending this agreemen~ to the Marolt property. City Attorney Taddune pointed out this agreement is informal. Mayor Stirling asked Chapman to explore this and bring it back to Council. Mayor Stirling said he had a good feeling about the agreement but it should be formalized. ORDINANCE ~34, SERIES OF 1983 - Vacation of 8th and North streets Councilman Collins moved to read Ordinance #34, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE #34 (Series of 1983) A~ ORDINA~CE VACATING THAT PORTION OF NORTH STREET SITUATED BETWEEN THE EASTERLY BOUNDARY OF EIGHTH STREET AND THE WESTERLY BOUNDARY OF SEVENTH STREET AND THAT PORTION OF EIGHTH STREET NORTHERLY OF A DIAGONAL LINE DRA~ FROM THE INTERSECTION OF THE EASTERLY LINE OF THAT CERTAIN EASEMENT RECORDED IN BOOK 186 AT PAGE 115, PITKIN COUNTY, COLORADO, RECORDS, UITH THE SOUTHERLY LINE OP BLOCK 1 OT THE SOUTHERWESTERLY CORNER OF LOT A, BLOCK 8, AND BOUNDED ON THE NORTH BY THE ASPEN TOWn, SITE LI~E AND ON THE EAST BY THE EASTERLY BOUNDARY OF EIGHTH STREET, LOCATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk City Attorney Taddune said there are a list of conditions ~kat the Council wanted ~mposed, and there are covenants addressing those. Colette Penne, planning office, pointed ou~ that the P & Z, planning and engineering departments all recommended against this vacation. The past City Council voted to have the staff draw up an ordinance for presentation. Ms. Penne presented an aerial photo, showing the area requested for vacation which is a small extension of 8th street and North street between 7th and 8th. The Aspen Meadows Advisory Board has reco~aended that the main entrances to the Aspen Institute be 7th and 3rd streets and that 8th street not be used; that 7th be used as the bus route; and that Meadows Road be closed except for emergencies. Ms. Penne told Council the Meadows Advisory Board was formed to review potential development at the Aspen Institute. Their repor~ has never been formally adopted. Ms. Penne told Council if they approved the vacation of these streets, there would be no access on the west side of the Institute property if Meadows road is used only for emergency access. Right now, no one knows what will happen to the Institute proper~y, and the options should be left open. The engineering department points out the city should hold the streets for the public good, rather than for the advantage of a few people. The engineering depart- merit also points out 8th street right-of-way is necessary if Meadows road is to be improved. The P & Z and staff recommend denial of this vacation for the purpose of retaining options for the development of this area and for future transportation planning. Ms. Penne suggested developing an encroachment license, similar to the Alps on Ute avenue, to allow use of the area until city finds they require for their own use. If Council does chose to vacate, the applicant has an extensive landscaping plan with a trail easement. Charles Marqusee, one of the applicants, said there is no unanimity on the west side as to which streets should be used for access to the Institute. Marqusee said the applicants have agreed to g~ve up all development rights on land between Meadows and 7th in perpetuity. Marqusee said the applicants have been unsuccessful in getting the alley paved, if the vacation is approved, the applicants will pay for the paving. The fire hydrant is in the wrong place~ they have agree~ to move it. Marqusee said the applicants have agreed to a 20 foot pedestrian trail. The landscape plan will make it more beautiful than it is now. Marqusee said he started this vacation seven years ago. The staff requested the applicants not make a formal presentation until a plan for the Institute is presented. ~arqusee has been waiting for years and postponing this. The Marqusees have dedicated land for the Physics Institute as part of this. Marqusee said no report has ever addressed opening of North street. Art Daily, representing the applications~ presented a copy of the landscape plan as done by Henry Pedersen. Daily pointed ou~ the existing homes, Meadows road and North street. Daily showed the 20 foot easement reserved for pedestrian trail. In this proposal, there is an easement to be granted to the city for the future expansion of 5~eadows road. Daily told Council the Aspen Meadows Advisory Board concluded the access to the Institute property, when developed, must be along 7th s~reet. The petitioners had a study done by traffic-engineers; a summary is par~ of the report to Council. The conclusion of this report is that this area has no present or potential uses for transportation purposes in this area. Daily said the neighborhood is generally ~n favor of this vacation petition. Mayor Stirling ~sked if this vacation would add value to the existing parcels. Daily said to the extent it will add beauty, it will add value; the real value is ~n the development potential, and this vacated area cannot be used for computation of density. Councilman Blomquist said he felt this vacation clearly does add value. Councilman Blomquist said given the significant benefit to the applicants, it would not be unreasonable for the city to ask the applicant pay for and build an 8 foot bicycle path from Meadows to 7th to city specifications, and fence the south boundary so that it is clear this trail is for public use. Marqusee said they would agree to put the trail in. Councilman Collins said the city is the trustee of public lands, and it is encumbent upon the city to look at those public land, not just in the present context, but many years ~n the future. The question is whether North avenue may be needed for circulation to the Institute. Councilman Collins said the Institute plans keeps changing and it would be a mistake to vacate 8th in that area until the Institute plans are firmed up. At one time, · n the Institute plans there was employee housing on North avenue. Councilman Collins said the city should keep their options open. Councilman Collins said in looking at the history Regular Meeting Aspen ~lty uouncli ~u~y x~, ~o~ of vacations, such as South Hunter street, they come back to haunt the city. Councilman Collins said he did not feel the city should vacate anything, and in this particular case not do anything until the Institute question ~s resolved. Mayor Stirling said he is not in favor of the city giving ground where it will add value to the existing real estate. Mayor Stirling said the alleys can be paved by private citizens. Mayor Stirling pointed out in the west end, many private citizens landscape and improve city land ~ithout any guarantees that the land will be gmven over to them. Mayor Stirling said the city should not make a decision to vacate anything which would eliminate any options. Marqusee told Council they had a vegetable garden, which the city engineering department made them move the garden in 24 hours. Marqusee told Council that they have requested the alley be paved, and they were turned down. Councilman Collins asked Marqusee if he would consider withdrawing the application without prejudice until such time as the Insti- tute question for development is resolved. Marqusee said in a spirit of cooperation, they would agree to withdraw the application without prejudice. Councilwoman Walls said she would approve of an encroachment license agreement so that they could have a vegetable garden. Councilman Collins said he would like to see the city do something' about the fire hydrant, paving the alleys, and the vegetable garden with the applicant. ORDINANCE ~35, SERIES OF 1983 - L-3 Quota System Code Amendments Alan Richman, planning office, told Council in 1§82 the Council adopted an L-3 zoning category for the purpose of removing the non-conforming status from 25 lodges within the city. The L-3 zone district allows those lodges ~o slightly add ~o the square footage and gives the lodge owner rationale for making Improvements to the lodges. This also gives the lodges in the L-3 zone the. ability ~o complete an the GMP process to add rooms to their lodges. Richman explained when the rezon~ng took place, it was after the GMP competition deadlines so that L-3 lodges were disqualified from competing. Richman told Council the staff has met with the P & Z four times on this. The P & Z is the Board that scores the GMP applications. The recommendation of the P & Z to Council is reasonable. Some of the lodge owners have worked on this proposal. Richman said they have tried an approach which gives the L-3 owners a shot at fairly competing in the GMP. The L-3 zone district is different from other lodges in Aspen; there is no vacant land zoned L-3. The L-3 lodges are existing lodges, mostly small lodges and mostly built out. This ordinance addresses the capability for small expansions and makes sure the scorzng system is sensitive to lodges owners wanting to add only a few rooms. The system differ- entiates between major developments or change and the small addition. Richman said the staff would like to keep this on the time table and to schedule a work session between first reading and second reading, which is August 8th. Councilman Collins said this ordinance increases lodge allotment by another 10 units a year. Richman answered yes, this is the P & Z recommendation, not the recommendation of the planning office. Richman said this is an area Council should spend time on in their work session. Councilwoman Walls moved to read Ordinance ~35, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~35 (Series of 1983) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 24-11.1 OF THE MUNICIPAL CODE BY ESTABLISHING LODGE DEVELOPMENT QUOTAS FOR INDIVIDUAL ZONE DISTRICT; AMENDING SECTION 24-11.6 OF THE MUNICIPAL CODE, THE LODGE DEVELOPMENT QUOTA SYSTEM; AND AMENDING SECTION 24-3.1 OF THE MUNICIPAL CODE BY PROVIDING A DEFINITION FOR DORMITORY was read by the city clerk Councilwoman Walls moved to adopt Ordinance ~35, Series of 1983, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, nay; Walls, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. REQUEST TO USE HYMAN AVENUE MALL FOR MARDI GRAS John Cooley asked Council to close the Hyman Avenue Mall on July 27 from 6 to 10 p.m. to benefit the Pitkin County Fair 4-H kids. They will put on a fiddle contest as a promo- tional event, and would like a Mardi Gras event. Cooley told Council he had talked ~o the businesses in the mall and they are in agreement with this event. Cooley said he would have music and hopefully some celebrities. Cooley said they would like a special event permit for people to be able to buy cocktails and go out on the malls. The CCLC has asked for decorations, and the Fair people will have a clean up team. The CCLC recommended this co Council. Councilman Blomquist asked if this event would not be better on the Cooper Avenue Mall. Cooley told Council the Cooper Mall does not have the restaurants or the atmosphere. Cooley said they would barricade the mall and charge a small fee for entrance to benefit the 4-H kids and the fiddle contest. City Attorney Taddune said there may be a problem to close a public rzght-of-way and then charge admission. Councilman Blomquist suggested a voluntary donation rather than a charge. Mayor Stirling said he had difficulty with cordoning off the mall and then charging admission. Councilman Blomquist asked about taking a percentage from the restaurants rather than charging. Cooley said that would be impossible to control. Cooley said they also investigated getting their own liquor license and selling the liquor on the mall. Cooley said they felt this would be in too much competition with the existing business. Mayor Stirling said Council should be careful about this, as a lot of groups would like to use the mall. Councilman Knecht said he likes the idea, but charging sets a bad precedent. Councilman Knecht said he felt this should be free for public interest. Councilman Blomquist suggested barricades with a wide enough opening so that people can pass through and have a barrel for donations. Councilman Blomquzst said he felt this was a good use for the mall. Cooley said they would like for this ~o become ~n annual event to raise money for the Fair and the fiddle contest. ~egu±ar ~ee~lng Aspen ~lty ~ouncll July 1£, 19~3 Councilman Blomquist said he likes the idea, but has trouble with the mechanics. Council- man said he like the idea and would like to give it a shot. Councilwoman Walls moved to let the 4-H'ers do this event with barricades as well as a wide entrance so that people can come in and voluntarily contribute and have people at the entrances to stop anyone from take liquor out of the mall area~ seconded by Councilman Collins. All in favor, with the exception of Mayor Stirling. Motion carried. MAZN STREET TRAFFIC SIGNALS Jay HAmmond, engineering department, told Council the department of highways has respected a number of requests from the city. One of the ma2or events was a citizens group for Pedestrian Safety on Main Street, who reported to Council in October 1980. This group requested additional crosswalks, installation of traffic lights at Monarch and at Galena, and a safe walk light interval with four-way full stop at Mill and Main, and the synchroni-- zation of the system to maintain traffic flow. The previous Council requested that the Department of Highways not install the Galena stoplight. Hammond told Council in September 1982, Council requested staff look at the situation on Main street and make reco~lendations for changes, which resulted in maintaining the stop light sequence at Mill and Main, and removing the safe walk interval at Aspen and Monarch and rearranging the stop signs on the side streets. The Council then met with the Depart- ment of Highways about synchronization in December 1982. Hammond said the department of Highways informs him that the synchronization system is working subject to side street demand. This system alters itself depending upon the actual demand at the side streets at the lesser streets. It appears as though there is no~ pure synchronization. Hammond told Council he does not have a specific recommendation other than to point out the depart- ment of ~ighways feels the traffic lights are all warranted. Hammond said h~ feels the complaints of the citizens has quieted. Mayor Stirling said during his campaign he heard more complaints about the traffic situation on Main street than almost anything else. Mayor Stirling said the purpose of his proposed alternative plan is driver and pedestrian safety, and driver and pedestrian improved mental health and the increased smoothness of traffic on Main street. Mayor Stirling pointed out the First National Bank has become a thoroughfare for cutting off going through Mill and Main; people are also going through the Rio Grande. Mayor Stirling proposed to lessen the length of the side street stops on Aspen and Monarch. Secondly, discontinue the four-way walk au Mill and Ma~n and to allow right turn on red, and lessen the time for each light. Third, Mayor Stirling proposed that the stop signs on 3!eeker and Monarch and Monarch and Hopkins be changed back to the way they used 5o be. Mayor Stirling said people have not gotten used to the change and by flying right through the intersection may cause accidents~ Councilman Blomquist said he likes the pedestrian interval at Mill and Main. He would like all three lights to be synchronized on a fixed basis. Councilman Blom~uist said there should be a signal on each side of the Mill and Main signal in order ~o gap the traffic and keep it synchronized. The Aspen signal should be moved over the Galena and have all three synchronized. Hammond pointed out that the Aspen street signal is neccesary as a ma3or access to lift lA and it is the ma2or transit route for the buses to get out on to Main street. Councilman Knecht said he likes the idea of one traffic light at Mill and Main, standard light without the four-way walk, and put a traffic cop there during high traffic times. Councilman Knecht said he felt this was a friendly, small-town type attitude. Councilman Knecht said Aspen should be more inventive about the traffic situation. City Engineer Dan McArthur said the system is working; if there was no side street traffic, it would be green on Main all the time. Councilman Collins said he felt the system was working as well as he had ever seen it. Councilwoman'Walls said she felt for pedestrians the intersection of Mill and Main is extremely dangerous with turning cars and pedestrians crossing when they shouldn't be. Mayor Stirling moved to involve the police department much more actively in the traffic situation and create more flexibility with the existing system and ask the engineer and police to come back with a proposal in two weeks; seconded by Councilman Knecht. Councilwoman Walls suggested an education program about the intersection at Mill and Main. Councilman Knecht said the staff has. already g~ven Council a report, and this should no~ go back to staff again. If the Council wants to make a decision about the lights, the Council should tell the staff what they want. City Manager Chapman pointed ou~ this system is what the prior Council wanted ~n response to a citizen's committee and petition. The Council went through an intersection by intersection discussion of what exactly the Council wanted. Chapman said Council has to tell staff wyat they want the system to do and3staff can tell Council the best way to accomplish this. Mayor Stirling withdrew his motion. Councilman Knecht moved that Council mee~ soon and make a decision on how they want the traffic situation to be, and then proceed back to staff; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~25, SERIES OF 1983 Initiative Petition RE: Open Space City Attorney Taddune said this is an ordinance submitted by an initiative petitioner's committee. The staff has met with the committee and gone over this ordinance. Taddune said Council has to decide whether to adop~ this ordinance, or failing ~o adopt it, call a special election. Councilman Blomquist moved to read Ordinance ~25, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ~egu±ar ~ee~lng aspen ~l~y ~ouncl± dULy ±±, ORDINANCE ~25 (Series of 1983) AN ORDINANCE AMENDING ORDINANCE NO. 16 (SERIES OF 1970) BY ADDING ADDITIONAL LANGUAGE TO SECTION 7 REQUIRING THAT 75 PER CENT OF ALL SIXTH PENNY SALES TAX REVENUE AND BOND MONIES BASED THEREON AND ALL OTHER MONIES IN THE LAND ACQUISITION INCLUDING OPEN SPACE AND CAPITAL EXPENDITURES FUND BE EXPENDED ONLY ON LAND ACQUISITION OR CAPITAL IMPROVEMENTS FOR PUBLIC RECREATION AND OPEN SPACE PURPOSES FOR THE INDEBTEDNESS THEREFORE AND SUCH OPEN SPACE LANDS AND CAPITAL IMPROVEMENTS SHALL ONLY BE WITHIN THE BOUNDARY OF THE CITY OR CONTIGUOUS TO THE BOUNDARY OF THE CITY wa~s read by the city clerk Councilman Blomquist read the amendment, "at least 75 per cent of all sixth penny sales tax revenues, all bond monies based theron, and all other monies in the land acquisition including open space and capital improvements fund shall after the effective date of this ordinance be expended only on land acquisition or capital improvements for public recrea- tional and open space purposes or the indebtedness therefore; and those recreational open space lands and capital improvements shall only be within the boundary of the city, or contiguous thereto if annexation is completed coincident with or prior to such land acquisitions or improvements. Nothing herein shall affect or impair the pledge of any part of the revenues from the sixth penny sales 5ax to any bond or other obligation of the City of Aspen issued prior to the effective date of this ordinance, or the refunding thereof, or the expenditure of the proceeds of such bonds or obligations". Councilman Blomquist said this amendment is saying city ~axpayers money cannot be spent outside the city or surrounding area. Councilman Blomquist said at the time this petition was drawn up, the city was being urged to buy land by the airport or. up Castle Creek and people wanted to make sure the city monies would be spen5 reasonably within the city. When the open space penny was sold, it was sold with the idea of open space in mind. Part of the Wheeler restoration came out of this fund, and the open space committe felt the city was raiding the fund and felt it could be raided further. Councilman Blomquist noted that 25 per cent of the open space funds can be used for opera- ting expenses of the parks deparsmens. Councilman Blomquist said he felt this amendment is totally consistent with the philosophy of the city on the sixth penny sales tax. Councilwoman Walls moved to adopt Ordinance ~25, Ser~es of 1983, on first reading; seconded by Councilman Collins. City Manager Chapman pointed out if the debt going towards the Wheeler right not has ~o come out of the 25 per cent, this is already above the 25 per cent. Chapman said he under- stood the group that proposed this initiative had no problem with anything that was priorly approved being counted at the 75 per cent, because it had been approved by the voters. If this is the case, the city will be under the 25 per cent. Chapman said the consensus with the committee is that the Wheeler debt is part of the 75 per cent. Taddune said this should be clarified as part of the second reading. Councilman Blomquist agreed with this. Councilman Blomqu~st said the committee should be present when the finance department goes through the sixth penny fund. Councilman Knecht said the only reason he is voting for this is that it is easier to change an ordinance than something that goes 5o the voters. Councilman Knecht said he feels this ties the city's hands. Roll call vote; Councilmembers Blomqu±st, aye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. TWENTY FOUR HOUR HOLD AGREEMENT WITH ASPEN VALLEY HOSPITAL City Manager Chapman told Council that Aspen Valley Hospital is asking the city to reim- burse them for any costs they cannot recover for any 24 hour holds. Chapman said there is no legal obligation for AVH to act as a holding facility; they are the most logical facility ~o do it. Councilman Collins moved to direct staff ~o prepare an agreement with AVH for city funding of 24-hour holds; seconded by Councilman Knecht. Councilwoman Walls suggested an amendment that the charge should be limited 5o $400 per person unless there is specific permissIon from the city manager. Councilman Collins accepted the amendment; seconded by Councilman Knecht. All in favor, motion carried. REQUEST FOR FUNDS - Gymnastics Team Councilman Blomquist asked if the city provided uniforms for any other teams. City Manager Chapman said for baseball, the city provides uniforms. Councilwoman Walls said the swim team buys their own suits and the city provides warmups. This would be the same. Councilman Blomquis asked if there was a policy on uniforms. Chapman said the city has such a variety of recreation programs and the way people participate in them that instead of a policey, what has happened is that each particular activity has been approached on an individual basis. Chapman said the staff works out the deal that is the most afford- able and gets the most participation. Councilman Knecht said for $648~ the city would get a lot of good PR. Councilman Knecht moved ~o approve the budget request for $648; seconded by Councilwoman Walls. All in favor, motion carried. BUDGET POLICIES Mayor Stirling pointed out Council has gone over this is a work session. Councilman Knecht moved ~o approve the above budget policy for the 1984 budget process and the attached t~me schedule; seconded by Councilwoman Walls. All in favor, motion carried. ~egu±ar ~eet±ng Aspen Clty Council July 11, 1983 BOARDS AND COMMISSION APPOINTMENTS Mayor Stirllng said the Council had almost twenty applications for the openings. The Council has appointed Doug Allen to the Housing Authority; David White will be a P & Z regular member, and Paul Sheldon will be the new alternate; John Herz will be a regular Board of Adjustment member and Jon Hollinger is the new alternate. The Commercial Core and Lodging Commission member is Mary Karen Euler SHAPERY PROPERTY REPORT City Manager Chapman said Council has asked him to meet with Shapery and also to get an opinion of value on the property. Shapery presented an offer, and indicated he is unwill- ing to negotiate down from that. The offer is purchase price of $650~000; Shapery will contribute $10,000 to landscaping the parcel, if the city.is willing to match that amount. The city will pay taxes pro rated from June 27 to closing, and 10 per cent interest on $650,000 from June 27 until closing, which is estimated at $8,200. The $650,000 purchase price includes a $300,000 note to Trueman; there is a due-on sales clause in the note. There is 12 per cent interest payable quarterly, prlnciple payment of $100,000 January 10 1984 and $200,000 due January 10, 1987. Chapman told Council letter from High Country Appraisals indicates that $650,000 is a fair price; the letter says the price is probably more than fair. Chapman told Council the staff has been doing some work on the $4,000,000 open space bond issue to determine the best way to finance this property. Chapman told Council he had discussed financing the $350,000 with Shapery; there ~s some uncertainty with this. The $300,000 note with Trueman will probably get wrapped up with the unpaid park dedication fee on this lot. There are approximately $460,000 worth of bonds that have not been issued out of the $4,000,000; it is recommended by Joe Barrows that these be issued. The bonds proceeds will be invested. Chapman told Council the city feels Trueman owes $130,000 for the park dedication fee, $90r000 plus interest; Trueman feels he owes $17,000. Mayor Stirling suggested the staff submit a contract with a contingency. Gideon Kaufman, representing Shapery, said he feels when Shapery's application for SPA was turned down June 27, inverse condemnation took place, and the city effectively purchased the property. Kaufman said Mollica did an appraisal on the property, in which he stated the property was worth $800,000 to $1,000,000. The city has a letter of opinion stating that $650,000 is a good price. Kaufman said he did not believe this is now a negotiating situation. Shapery is willing to sell the property for $650,000. Kaufman said there are some time constraints under the laws of Colorado, and he would like the city to act on the offer. Kaufman said he would like to avoid the time and added costs of getting into arbitration. Kaufman said he felt the $650,000 figure is justifiable, and he would like to end this and cut down the costs. Mayor Stirling said the Council can ac5 rapidly in the next two weeks. The city has not had an opportunity to negotiate with Trueman. Mayor Stirling said the city ought to prepare an agreement for sale and put the contingencies in it and move the next step. Chapman told Council the staff has not been able to get ahold of Trueman's attorney. Chapman said he is meeting with the then-city manager this week to see if he could get a confirmation about the city agreeing to waive the commercial park dedication fee. Chapman said Mick Mahoney did not confirm that. City Attorney Taddune said Mahoney wants to go through the history before confirming anything. WATER EXTENSION LINE TO THE M.A.A. Councilman Collins said at the last meeting, Council approved to extend the water line to the M.A.A. If Council wants to reconsider this action, it has to be done at the next meeting. Councilman Collins said he would be willing to put this over a day or two. Tom Dunlop, environmental health director, told Council the sanitation districts combined their two Boards and voted 9 to 1 in favor of funding the sewer extension, based partly on what happened at Council two weeks ago. The sanitation boards voted to provide $191,000 based on re-evaluated engineering costs. Dunlop told Council the sanitation boards knew their approval was approval of the entire project, knowing the Council's approval was conditioned upon their approval. Dunlop told Council the sanitation districts put a condition upon their approval that if the property ever sells, that the gift is no longer a gift and someone has to pay the sanitation district back. Councilman Collins said he would like the city to be consistent with whatever the sanitation districts did. Chapman suggested the staff prepare a specific agreement with the M.A.A. The staff will work with the sanitation district to get the agreements in synch and them submit this back to Council. Councilman Collins said he wanted more discussion on this, and would be willing to continue this. Councilman Collins moved to continue the meeting to Tuesday, July 12, 1983, at noon; Council agreed. TED RYAN LAND AT ASHCROFT Councilman Knecht moved to adopt Resolution ~18, Series of 1983, in support of the Ashcroft land exchange; seconded by Councilwoman Walls. All in favor, motion carrisd. Council left Chambers at 9:15 p.m. Kat~h, ~ity Clerk Continued Meeting Aspen City Council July 12, 1983 Mayor Stirling called the continued Council meeting to order at 12:05 p.m. with Council- members Blomquist, Collins and Walls present. Councilman Collins said in the past, when the city extends it water lines, at has been important to look at what the ramifications of these extensaons maght be. Councilman Collins said extending the boundary of the water district should be looked at very care- fully in terms of the long range impacts. The city has had a policy about extending water above the 8040 line; the campus on Castle Creek is above the 8040 line. Councilman Collins said the campus is about 8060. Councilman Collins said extending the water line up might open the door for some expansion potential. The should be addressed in the agreement with the M.A.A. Councilman Collins said there are three new buildings proposed at the campus. The Aspen Country Day School has been there a number of years, and there enrollment has grown quite a bit. Councilman Collins said only two years ago, the Aspen Meadows Advisory Board talked about an additional 2,000 person tent in the west end. These are sagnificant increases. Councilman Collins said he felt there should be some assurance that these are within the city's general master plan for density and use. Councilman Collins said most of this extension as in the county, and the M.A.A. is process- ing a county review application, which has gone to P & Z. There is a sense of urgency in this application, and CouncilmAn Collins said he wanted to make sure the procedures are being followed. The expenditures of $350~000 are public users funds, and perhaps there should be some public notice to give the public an opportunity to respond. Councilman Collins questioned the visual impact. Tom Dunlop explained where the line would drop down from the water plant and intersect the campus. There will be some disturbance of the side of the hill. The water line will cross Castle Creek right at the entrance to the M.A.A. campus. City Manager Chapman said this water line will be put in the path that the water depar~men~ needs to use anyway for the expansion of the water treatment plant. Councilman Collins brought up the ability of the city to pick up the costs of this exten- sion. There was a decrease in revenues last year in the water fund. Councilman Collins said with all the rainfall this year, there may be another short fall and the city will have to go to the users to make up the difference. Chapman said the staff is planning to combat this by making it up by cutting expenditures. Councilman Collins said in terms of the extension agreement, the city should be consistent with with the sanitation district. Dunlop said one of the conditions the sanitation district put on this is that if the M.A.A. is ever sold, the gift would be paid back. The sanitation district also wanted this contribution ~o be in a contract form with the M.A.A. Councilman Collins said in view of these contribution, there should be some general acknowledgement to the citizens of Aspen for this effort. Councilman Collins suggested a concert or two that the citizens would be recognized for this contribution. Councilman Blomquist said these things can be handled in the contract, and hoped that the city would include the stipulation if the propsrty is sold, the gift would be paid back. Mayor Stirling said the agreement should be done in concert with whomever is doing the contract for the sanitation districts. City Manager Chapman told Council this water line is an 8 inch line, sized to service the M.A.A. not anyone else. Chapman said because the city system as a gravity system, there is no one higher up than could be served without adding a pumping facility. Chapman stated the city of Aspen has never used the extension of wa~er line service to control growth. This is part of the city's water policy. Chapman told Council Colorado law requares that the city service anyone with water who the city can serve. Councilman Collins said there was a sense of urgency in this request, and he is uncomfort- able in crises situation because the city might act precipitously. Councilman Collins said the M.A.A. problem has been known for a couple of years. Mayor Stirling said the Council discussed the need to develop a consistent policy so that it is not just a response to crises. Mayor Stirling said there is not a suggestion of the change of the vote from two weeks ago. Councilman Collins wanted to get some comments on the record; these are good points and will help the agreemen~ with the M.A.A. be more clear. Ford Schumann said the question of expansion on the campus will not permit additional students. It is to accommodate academic and recreational pursuits that are appropriate to both the M.A.A. and Country Day School, like gymnasium, cafeteria, library. The additional water usage will be negligble. Regarding the public notice, the M.A.A. is worried about the timing; a lot of this project is being dovetailed. This is a matter of urgency. Schumann said he felt a contract was very appropriate. Schumann said the M.A.A.'s appreciation is overwhelming, and he would hope they could do more concerts like the Fourth of July concert. Mayor Stirling agreed with a concert for the people of Aspen in response to the citizens responding to the need of the M.A.A. Councilman Blomquist suggested a Mayor's proclamation for an M.A.A. day. Councilwoman Walls said the Council made a statement last night saying the Council does not like the Centennial project and does not like phase I and the Mill street bridge and the loop roads because they are to serve the Centennial project. Councilwoman Walls said having done that, the Council has ~o figure out how to solve the problems at Smuggler. The Smuggler Trailer project has desparate problems, and Councilwoman Walls insisted they have to be solved this year. Councilwoman Walls said the Council either has to approve the agreement with the county so that they can go ahead and do what they want to do an return for the city doing what they want to do, or Council has to solve the problem. Councilman Blomquist said the most pressing items is to get a drainage relief so that the trailer park can get drained. City Manager Chapman said if the city does'not fix the drainage, the trailer park cannot get on with their paving program. Mayor Stirling said the stree~ from Neal to Gibson as far as paving works in with this plan. Councilman Blomquist asked if the city had the $50,000 necessary to do the drainage work. Chapman said the staff could probably find the money, after deciding what fund it would come out of. Councilman Blomquist asked if the 3509 Continued Meeting Aspen City Council July 12, 1983 solved the drainage problem, would Smuggler pave their roads. Chapman answered the city has been working with the trailer court on an improvement district, and they are working on a September 1 deadline. Councilman Blomquist said by the Council ~urnlng everything down, they are responsible for coming back with the positive solution. The problems did not go away. Councilman Blomquist said if the city was to do the drainage work, it would be a concrete solution of following through with commitments made by the previous Council to residents of the Smuggler trailer park. This would be a signal of interest to the Smuggler residents, then the Council could say the overall plan does not satisfy them, and it should be done better. Councilman Blomquist said the city should take immediate action on the drainage problem, then go back to the county and do serious planning on the entire area. Mayor Stirling said it is not the intent of Council to ignore the problem; Council is expressing an attitude about the overall plan, its presentation, and the impact of ~he development up there. Mayor Stirling said he would like to schedule a meeting with the staff on costs, and plans for the drainage program. Councilman Blomquist moved to request the engineers to report ba~k to Council at the next meeting with a proposal to solve the drainage problems and assure the completion this year of the Smuggler trailer park improvements; seconded by Councilman Collins. Mayor Stirling requested a meeting for July 18, 1983, at noon to discuss the Smuggler drainage. All in favor, motion carried. Council asked staff to review the promises of the city, the promises of Smuggler trailer park and Lipkin's promises about who is to pay what and what is to be done over there. Councilman Blomquist moved to adjourn at 1:15 p.m.; seconded by Councilman Collins. All in favor, motion carried. ~h', City Cler~