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HomeMy WebLinkAboutminutes.council.19850812Regular Meeting Aspen City Council August 12, 1985 Council met in executive session from 4:10 p.m. until 5 p.m. Mayor Stifling called the meeting to order at 5:10 p.m. with Councilmembers Isaac, Collins, Walls and Fallin present. MINUTES Councilwoman Walls moved to approve the minutes of June 24, July 8, 1985; seconded by Councilwoman Fallin. All in favor, motion carried. CITIZEN PARTICIPATION 1. Chuck Carletch said Council has received a copy of the first draft on the joint maintenance facility study. Friday August 16 at 1 p.m. at the community center, there will be a presentation by the consultant. Carletch said he hopes the Council will attend. 2. Chuck Carletch said the County's financial advisory board is recommending there be a joint city/county finance department. The FAB feels it would serve the needs of the community well. 3. Pat Dobie, on behalf of Aspen Highlands and the Hospital, requested the city ask the highway department to install a stop- light at the intersection of Maroon Creek and Highway 82° Mayor Stifling said Council will add this to the August 26 agenda. 4. John Doremus said he met with Lee Cassin, environmental health department, about the woodburning devices. The staff was impressed with some of the ideas, and Doremus would like to be able to address them during the first reading of Ordinance #47. 5. Craig Ward told Council he met with Jim Mollica and the owner of a lot west of town that Council had directed staff to condemn a trail easement. Mollica will get back to the city with an appraisal for the trail easement. Ward had an engineer- ing study done on three different bridge options. Council requested a report on the August 26 agenda. Ward told Council the Nordic Council is preparing a winter brochure, and would like the-city to help produce a summer brochure in the same format for the hiking trails. Mayor Stifling told Ward to work this into the budget hearings. Ward told Council he has a bid on the trail from Little Nell to the Aspen Club and a number of owners are willing to donate to the trail. Ward is also working on a trail from Koch Lumber property to Castle creek. 6. Betty Grindlay told Council she is working on a pedestrian only bridge from Pitkin Green to the music tent as an auto disincentive. Ms. Grindlay said she is contributing to this and plans to raise funds. Regular Meeting Aspen City Council August 12, 1985 7. Edith Holyoke requested permission to sell tickets and t-shirts for the deaf camp picnic in the mall. Ms. Holyoke told Council the CCLC has not acted on this request but the Deaf Camp has done this in the past. Mayor Stirling moved to allow the deaf camp to sell tickets and t-shirts for this event in the mall the week of August 19; seconded by Councilman Collins. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Isaac said he feels the idea of a joint finance department is a reasonable one and would like staff to report at the next agenda what it would save the city and county. 2. Councilman Isaac said the Historic Preservation Commission would like to meet with Council and suggested September 16 as a date. 3. Councilman Collins said there has been some legislation passed in the state about underground water rights and in order for the city to preserve any subsurface rights, an ordinance has to be passed by September 1. Barry Edwards, city attorney's office said the staff could prepare an emergency ordinance. Council requested this be added to the agenda. 4. Mayor Stirling said Council has a work session August 19 to hear reports from the M.A.A. committees on facilities and funding. There will be a meeting a 4 p.m. on the Roaring Fork Transit agency. The Council's goals session is scheduled for Friday, August 30 at 1 p.m. at the Aspen Club. 5. Mayor Stifling said August 10, 1985 was proclaimed Coors International Classic Day. Mayor Stirling extended thanks to the city staff and the volunteers who made this event a success. Mayor Stifling thanked the lodging community who donated beds and the restaurant association for donating meals. Mayor Stifling said this bicycle race was one of the most successful events in Aspen. 6. Mayor Stirling said September 3 there will be a joint work session with the County on RFTA and the accessibility study. Council will have a work session following that on the comparable worth. 7. Mayor Stirling moved that the Council accept the offer from the current lessees to purchase the Red Roof Inns for $2,500,000 at 10 percent per year with $500,000 at closing and $500,000 for four years consecutively, and the city retains approval of any 2 Regular Meeting Aspen City Council August 12, 1}85 third party proposed as an operator for the site, and a 90 day period starting today to have the acceptable third party; and to direct the staff to pursue the details of this offer, and to amend the existing lease where necessary, and to prepare docu- ments to carry out this offer; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #35, SERIES OF 1985 - Clean Indoor Air Act Councilman Isaac moved to read Ordinance #35, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #35 Series of 1985 AN ORDINANCE ENACTING A NEW ARTICLE IV TO CHAPTER 11 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PROHIBITING THE SMOKING OF TOBACCO OR ANY OTHER W4ED OR PLANT IN INDOOR PUBLIC PLACES AS SET FORTH THEREIN; PRESCRIBING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF; AND DIRECTING THAT CHAPTER 11 OF THE MUNICIPAL CODE BE REORGANIZED TO REFLECT THE DIVISION OF SAID CHAPTER INTO VARIOUS ARTICLES AND THE RENUMBERS OF T}~E GENERAL PENALTY PROVISION OF SECTION 11-4.1 TO 11-5.1 was read by the city clerk Mayor Stifling said there have been amendments proposed to this ordinance which have been circulated to staff and Council. The amendments add definitions of employee, employer, and place of employment. The amendments add "except in areas that are physically separated and independently ventilated" for both hospitals and eating establishments. Section 11-4.6 Regulations of Smoking in Places of Employment and Section 11-4.7 Posting of Signs have been added to the ordinance. Mayor Stirling moved to adopt the amendments to Ordinance #35, Series of 1985, on first reading; seconded by Council woman Fallin. Councilman Isaac said he would like to eliminate 11-4.6(d)(2) "any property owned or leased by other governmental agencies" as he would not want to eliminate other governmental agencies. Mayor Stifling agreed to that change. Councilman Collins said the Council should have time to look at these amendments to see what the impacts will be. Councilman Collins said independent ventilations in restaurants will be very expensive and perhaps impossible. Councilman Collins said if there is an independent ventilation for restaurants, it should also be there for meeting rooms, lobbies, etc. Councilman Collins said it would be premature to act on the amendments without knowing the impacts. Mayor Stifling pointed out the ordinance states that structural 3 Reqular Meeting AspenI City Council August 12, 1985 modifications are not required. Peirce told Council that restaurants may do structural modifications if they wish but it is not required. All in favor, with the exception of Councilmembers Fallin and Collins. Motion carried. Councilwoman Walls moved to adopt Ordinance #35, Series of 1985, as amended on first reading; seconded by Councilman Isaac. Mayor Stifling said this ordinance is unique because it requires 100 percent no smoking in restaurants and retail areas. Mayor Stirling said recent studies do indicate passive smoking is a health hazard. Mayor Stifling said legislation always lags behind the realities of life. Mayor Stirling said it is apparent that a hazardous enough situation exists that only legislation will be able to deal with it. Councilwoman Walls asked why restaurants were not allowed a certain percentage for smoking sections. Peirce said that was discussed at length, and this town has small restaurants, and it makes sense to have the whole eating area non-smoking. Councilwoman Fallin said she would like to hear amendments from the restaurant association. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, no; Fallin, no; Mayor Stirling, yes. Motion carried. The public hearing is scheduled for August 26. ORDINANCE #47, SERIES OF 1985 - Woodburning Devices Councilwoman Fallin moved to read Ordinance #47, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #47 Series of 1985 AN ORDINANCE AMENDING THE SOLID FUEL BURNING DEVICE REGULATIONS SET FORTH IN CHAPTER 11-2.3 OF THE MUNICI- PAL CODE OF THE CITY OF ASPEN, COLORADO, TO PROHIBIT THE INSTALLATION OF MORE THAN ONE SOLID FUEL BURNING DEVICE IN ANY HOTEL OR LODGE PROJECT, SINGLE FAMILY DWELLING, DUPLEX, MULITIFAMILY STRUCTURE, OR OTHER BUILDING AND REQUIRING THAT THE DEVICE BE CERTIFIED, EXCEPT IN LODGES WHEN OTHER APPROVED CONTROLS ARE USED; SETTING FORTH THE CERTIFICATION REQUIREMENTS; AND AMENDING CHAPTER ll-2.L SETTING FORTH DEFINITIONS OF BUILDING, HOTEL AND LODGE PROJECTS, AND SOLID FUEL BURNING DEVICES was read by the city clerk Councilwoman Walls moved to adopt Ordinance #47, Series of 1985, on first reading; seconded by Councilwoman Fallin. ReGular Meeting Aspen City Council August 12. 1985 Lee Cassin, environmental health department, told Council Aspen's air has not met the federal health standards several times in the last 10 years, and the particulate level has been worse than many major cities. Woodburning is responsible for 30 percent of the fine particulates averaged over a year. Ms. Cassin it is unacceptable to allow concentrations of conventional solid fuel burning devices in lodge or multi-family projects. Ms. Cassin said allowing no new burning devices would only keep the status quo. Ms. Cassin pointed out when Council adopted the original burning device ordinance, they intended to bring about abatement to improve the air quality. One of the concerns is how many burning devices a lodge project, like the Aspen Mountain Lodge, should be allowed to have. Ms. Cassin said there are two reasons for woodburning devices; heat and aesthetics. A certified woodburning device heats but does not provide the aesthetics. The lodge project is proposing two woodburning devices per residential unit. These are not heating devices. This ordinance would allow one certified device in each project. Natural gas fireplaces would not be controlled by this ordinance. Ms. Cassin said the ordinance could be amended to allow more than one certified device if controls were used by the developer that would have an impact in reducing air pollu- tion. There is a suggestion that several flues could be tied together and have an after burner or an electrostatic precipita- tor to reduce emissions from fireplaces. Ms. Cassin told Council staff discussed allowing a number of devices per block or square footage rather than one per project but did not come up with a solution. This would be difficult to enforce and to figure out how many woodburning devices exist per block. Ms. Cassin recommended Council adopt the ordinance allowing one certified device per project or single family home and unlimited natural gas fireplaces, changing the language about how a device gets certified. Ms. Cassin said the staff is not ready to go with the incentive program to replace existing fireplaces as they are not comfortable with how it would be implemented. It is an important concept, and the only way to address the existing pollution. Ms. Cassin said staff has researched funding this through property taxes on existing devices, but many details have to be worked out. Ms. Cassin said staff is working with the Aspen Mountain Lodge on some alterna- tives. Councilwoman Walls moved to delete Section 5 from Ordinance #47; seconded by Councilwoman Fallin. Councilman Isaac said if the city is going to address the problem of wood smoke pollution, they have to go after the Regular Meeting Aspen CitV Council August 12, 1985 existing fireplaces. Councilwoman Fallin agreed but said this should be done in phases and take care of the new devices first. Jeffrey Evans urged Council to have a study session and he would like to suggest improvements for the ordinance before public hearing. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Isaac asked about provisions for duplexes. Ms. Cassin said currently each half of a duplex can have a dirty burning unit. The amendment states if a duplex unit is over 1,000 square feet, it may have a certified device; if not, it cannot. Mayor Stirling pointed out a multi-family structure can have only one device, yet a duplex could have two units. Ms. Cassin said in the previous ordinance, Council felt-that duplexes should be treated like single family units. Councilman Collins asked t~e difference between having 400 devices in separate residences or 400 devices in a lodge. Ms. Cassin said a lodge is closer together, with greater density of pollution. Ms. Cassin said the pollution that gets trapped in this valley depends on the density of sources. Suzanne Caskey told Council the town of Telluride is considering putting a cap on the total number of woodburning devices. Ms. Caskey told Council in 1983 the state health department did a study for the county, and reported at that time Aspen was already exceeding the health standards and recommended a fireplace moratorium then. The state reported the main pollution at that time came from condominium fireplaces. John Doremus, representing Aspen Mountain Lodge, said about 25 percent of the residences are duplexes, calculating that allows 7.8 fireplaces per acre. The Aspen Mountain Lodge has 11.69 acres and under the formula they would be allowed 92 fireplaces. Doremus agreed there is a problem and regulation is necessary, but it should be regulated per acre or per block to be more equitable. Doremus said the certified devices in this ordinance are totally unacceptable to the lodge project. Councilwoman Walls said she would as soon treat duplexes as any other building and allow only one certified device per building. Doremus said he would like the opportunity to research state of the art emission control. Councilwoman Walls said the Aspen Mountain Lodge may be a separate issue from this amendment. Counci}woman Walls said she would be willing to allow a fireplace xn the lobby; they are removing 78 fireplaces. Ms. Cassin said the ordinance allows an applicant to go to the CAAB to get some relief. Reqular Meeting Aspen City Council August 12, 1985 Roll call vote; Councilmembers Isaac, no; Collins, yes; Fallin, yes; Walls, yes; Mayor Stirling, no. Motion carried. PGA SENIORS GOLF TOURNAMENT Jim Holland, parks director, said he has the opportunity to have the golf course evaluated for a PGA event. There is the oppor- tunity to get the PGA seniors tour event June 2, 3, 1986. Holland told Council the PGA seniors have 27 events annually throughout the country. Holland said he needs money to have the course evaluated, to hire someone who is capable of organizing an event like this, and to figure out if the city can afford to have the event. Holland told Council he has a contract with Valetie Starr, who has had considerable experience in organizing senior tournaments. Holland said the timing may be overly optimistic for 1986. Holland said he needs $5,000 to get started. Holland said $400,000 needs to be found for sponsor- ships, amateur entry fees, etc. Holland recommended using $5,000 out of anticipated golf revenues rather than the general fund as the golf course is having a good year. Holland told Council these PGA senior events bring in a big gallery. Mayor Stifling pointed out this would be during the shoulder season, which the town is trying to promote. Mayor Stirling said this is a potential to get the course upgraded and rated. Councilman Isaac moved to appropriate $5,000; seconded by Mayor Stirling. All in favor, motion carried. CURTON DUPLEX David White, P & Z member, presented a resolution passed by the P & Z and urged Council to work with the applicant on the roof of this structure. White told Council P & Z, as well as staff, have had complaints and feel this roof is a public nuisance; something should be done to take the glare off the roof. Councilman Collins asked what authority there is to permit Council to request this. White agreed this is a tentative position. Mayor Stirling said he is reluctant to get involved with this as there is nothing mentioned in the Code and the building is not a historical structure. Doug Allen, representing the applicant, said the roof is bright because the weather has not dulled it yet. Allen told Council he is-exploring treating the roof with acid to help dull it. Councilwoman Fallin said the roof is bright, but it is not a threat to safety. Council agreed to take no action. Regular Meeting Aspen City Council August 12, 1985 ORDINANCE #27, SERIES OF 1985 - Water Rate Reform Mayor Stifling opened the public hearing. Cindy Shafer, acting finance director, reminded Council the first reading was in May and there have been revisions to the ordinance. The ECU table has been added. A change was made in the'formula to be sure the reserve account was established on an annual basis. A change clarifies what elements of the system the city owns and what elements the homeowner owns and who is responsible for maintenance. There is a change in the calcula- tion of the surcharge of unmetered customers, changing it to a flat rate making it easier to administer. The ordinance includes the rate for the utility investment charge at $3,000; the current rate is $2700. Councilwoman Walls asked about the difference between short-term and long-term occupancy and mixed residential. Ms. Shafer said the ECUs are different for the type of occupancy. Councilwoman Walls asked how mixed residential buildings qualify for short or long term ECUs. Ms. Shafer told Council the definition in the ordinance is occupancy of 30 days or less is short terms. John Musick said each mixed residential building has been rated by the building department. New buildings will decide how they want to be treated,,and if they want to have individual meters. CounCilwoman Walls asked who w ill determine how much. of a building is short term before they go to those ECUS. Ann Ballard said the water department has used majority use.- Mayor Stirling closed the public hearing. Mayor Stifling moved to adopt Ordinance #27, Series of 1985, on second reading; seconded by Councilwoman Walls. Mayor Stifling said he would like to get underway with this water rate reform as it begins to address the inequities in the system. The Council will have to evaluate the results of this at budget time. Mayor Stirling said he is concerned about the ordinance being effective January 1, 1987 and asked why the city will lose a full year. Ms. Shafer said there is a possibility this can be implemented in the middle of 1986. Assistant City Manager Mitchell said this program is contingent upon upgrading the computer and finishing the software. Mayor Stirling said it is imperative to do this as soon as possible. Councilman Collins said he would like to consider continuing this ordinance as work could be done on it to make it easier for people to understand. An indication of the ordinance's complex- 8 Regular Meeting Aspen City Council August 12, 1985 ity is how long it will take to put it on the computer. Councilman Collins read one of the formulas from the ordinance to show how incomprehensible it is. Councilman Collins said if the computer makes a mistake, no one will be able to figure it out. Councilman Collins moved to table this until September 23, 1985, to see if the ordinance can be translated into plain English; seconded by Councilwoman Walls. Councilman Collins said he would like to meet with staff on the ordinance before then. All in favor, with the exception of Councilman Isaac and Mayor Stifling. Motion carried. GROUND WATER RIGHTS John Musick told Council he has recommended adopting a ground water ordinance since 1970, and the city's water management plan has form ordinances for this. Previous Council's have not wanted to adopt this as it is confiscatory, taking away people's water supply. Musick told Council John Houstin filed on the tributary and non-tributary water supplies underlying the city, and the city is involved in litigation. Musick told Council there is little or no significant known sources on non-tributary ground water underlying the city and service areas. Musick told Council the grandfather provision under which the Colorado Municipal League pointed out there should be a filing be September 1 is unconstitutional. Musick recommended adopting an ordinance. Mayor Stifling directed staff to prepare an ordinance for a continued meeting August 19 at 4 p.m. ORDINANCE #34, SERIES OF 1985 - Ruedi Rates Policy Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance ~34, Series of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, yes; Walls, yes; Fallin, yes; Isaac, yea; Mayor Stirling, yes; Motion carried. ORDINANCE #39, SERIES OF 1985 - Rezoning Sardy Property Mayor Stifling and Councilman Collins stepped down due to conflicts of interest. Mayor Pro Tem Walls opened the public hearing. Steve Burstein, planning Office, told Council one of the conditions from the conditional use permit that P & Z granted in April was rezoning of the rear 25 feet of the Sardy property. This is the final land use review; this project has ~PC approval and has variances from the Board of Adjustment. 9 F'~ Regular Meeting Aspen City Council Augustl2. 1985 Burstein told Council the rezoning is compatible with the surrounding uses, and the community needs will be met by the project. Mayor Pro Tem Walls closed the public hearing. Councilman Isaac moved to adopt Ordinance #39, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Mayor Pro Tem Walls, yes. Motion carried. ORDINANCE #40, SERIES OF 1985 - Parking Lots in O, Office Zone Steve Burstein, planning office, told Council this code amendment allow parking lots as a conditional use in the O, office, zone providing they are not abutting Main street. Mayor Stifling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #40, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Collins, yes; Walls, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #41, SERIES OF 1985 - Procedures for Encroachments Mayor Stifling opened the public hearing. Elyse Elliott, engineering department, told Council this amends the Code to charge $300 for encroachments and adopts a procedure to set criteria in reviewing requests for encroachments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #41, Series of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, yes; Isaac, yes; Walls, yes; Fallin, yes; Mayor Stifling, yes. Motion carried. ORDINANCE.#42, SERIES OF 1985 - Growth Management Date Changes Mayor Stifling opened the public hearing. Mayor Stifling said this changes the lodge growth management submittal date for one year only. Mayor Stifling asked if the city had received a commercial application by August 1. Steve Burstein, planning office said one has been received, which will preclude changing the commercial submission date. Mayor Stifling closed the public hearing. Councilman Isaac moved to adopt Ordinance #42, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes; 10 ReGular Meeting Aspen City Council August 12, 1985 Fallin, yes; Mayor Stirling, yes; MOtion carried. ORDINANCE #43, SERIES~OF 1985 - Special Improv'ements District Mayor Stifling opened the public hearing. Deborah Cartot, bond counsel, introduced herself. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #43, Series of 1985, on second reading. Councilman Collins asked if this applies to assessment districts. Ms. Car tot said it is not intended to cover other types of improvements that may be covered by a capital improvement fund. This ordinance will apply to any special improvement district the city creates. Councilman Collins asked if the city, as a sponsor, is liable for any costs setting up the district. Ms. Carter said costs are reimbursable if the city chooses. Mal~or Stifling said the city accepts the liability for the costs if the district fails. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Isaac, yes; Walls, yes; Mayor Stirling~ yes. Motion carried. ORDINANCE #44, SERIES OF 1985 - Ruedi Transmission Agreement Mayor Stifling opened the public hearing. Mark Fuller said the indemnification language in the previous agreement committed the city and county to hold harmless both utility companies against any damages sustained in the project. Fuller told Council he discussed this with the }]oly Cross attorney, and convinced them according to the Colorado constitu- tion, governments are forbidden from indemnifying third parties. The new language commits the city and county to insuring the utility companies up to a certain limit. Colorado Ute and ~oly Cross have accepted that. Fuller said the county's insurance has named third parties as co-insured in the past. Mayor Stifling closed the public hearing. Councilwoman Fallin moved to Adopt Ordinance #44, Series of 1985, as amended on second reading. Councilman Collins asked about the termination clause. Assistant City Manager Mitchell said there is a one year written notice termination. Fuller said he attempted to get some assurance from the utility companies if this agreement is terminated, they would give reason; they refused. 11 Regular Meeting Aspen City Council August 12, 1985 Roll call vote; Councilmembers Collins, yes; Walls, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #45, SERIES OF 1985 - Moratorium/Woodburning Devices Mayor Stifling opened the public hearing. JoSeph Meyer, Clean Air Advisory Board, told Council said he has been hearing if Aspen eliminates fireplaces, they will lose tourists. Meyer pointed out people do not come here because the air is like the big cities. Mayor Stifling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #45, Series of 1985, on second reading; seconded by Councilwoman Fallin. Mayor Stirling said he is in favor of this with modifications but does not feel it is an emergency and a moratorium is not appropriate. Mayor Stifling said he feels this moratorium will put people at a disadvantage. Roll call vote; Councilmembers Collins, yes; Walls, yes; Isaac, no; Fallin, yes; Mayor Stifling, no. Motion carried. ORDINANCE #46, SER-]eES OF 1985 - Senior Citizens Water Rates P01 icy' Councilwoman Walls moved to read Ordinance #46, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE # 46 Series of 1985 AN ORDINANCE AMENDING DIVISION 3 ARTICLE .III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ENTITLED "WATER RATES AND CHARGES" (AND THEREBY AMENDING ORDINANCE nO. 3, 1983 SECTION 2) SETTING FORTH A PROVISION FOR DEALING WITH QUALIFIED SENIOR CITIZENS was read by the city clerk Councilwoman Walls moved to adopt Ordinance #46, Series of 1985, on first reading;seconded by Mayor Stifling. Judy McKenzie, utility department, said staff decided to set a special rate for senior citizens for water charges. Ms. McKenzie told Council social service requirements, age, and location will set the limit on the water. Ms McKenzie said the social services 12 Regular Meeting .... Aspen City Council August 12, 1985 department will send out the forms for qualification for this program. Jim Markalunas, water department, recommended elimina- ting the limit of $25,000 in assets or at least exclude the place of residence. Markalunas told Council the old timers do not waste water and should be given a break. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Walls, yes; Collins, yes; Mayor Stirling, yes. Motion carried. LONE P~NE WATER- E~ISPUTE Start Snyder, Lone Pine treasurer, told Council they have been through city staff and have not be able to resolve this issue. Snyder said when the residents moved in, the developer told them the sod roofs on the free market side were private property, and the employee residents were not to use the roofs. At that time, they were paying 3 separate water bills until it was discovered one of the bills was for the sod roofs. This was brought to the attention of the water department, who gave credit against future bills. Snyder said the residents feel the city admitted and corrected their mistake. Snyder said the water to the sod roofs was shut off, the sod died, and the city was trying to bill the free market units for this water. The city tried to collect for 2-1/2 years, were unsuccessful and put liens on the employee units. Snyder said since there has been no satisfaction, they have come to Council. The total amount of the 'liens is about $1100. Judy McKenzie, utility department, told Council the meter was attached to the employee units but it watered the free market units. Ms. McKenzie said she could not lien the free market units. This is a problem between the free market and employee units. Rick Snyder, manager, said it was a plumbing error which cause the meter to be attached to the employee units. Batty Edwards, attorney's office, told Council all the city can do is assert their lien rights. If there was a pl~Lmbing error, it is unfortu- nate, but the city cannot go inspect where the water is going. Mayor Stirling said the city should try and correct this. Rick Neiley, representing the applicant, said the free market units took the account in their name, and somewhere it was changed to the employee units. Councilman Isaac said he would like the city manager's office to pursue receiving funds from the free market units and reimburse the employee units. Mitchell said the staff did pursue getting the money from the free market units; the city cannot lien the free markets unit because the meter was attached to the employee units. 13 Regular Meetin~ .. Aspen City Council August 12. 1985 Mayor Stifling moved the Council forgive the amount of the lien on the controlled units, and have the city manager's office work with the free market units to get reimbursement; seconded by Councilman Collins. Councilman Collins clarified the motion was to pay the lien and reimburse those who have paid their portion off. Mayor Stifling said his motion was to give $1100 to the homeowners association and let them work it out. All in favor, with the exception of Councilman Isaac. Motion carried. MQORE POOL -SEASON- EXTENSION Jim Holland, parks director, told Council there has been support in the past for extending the pool season. There is an opportun- ity this summer to extend the season to see if the demand is really out there, and would be a good indicator for the future seasons. Mayor Stifling said this is extremely expensive way to study extending the season. Mayor Stirling said this money could be spent-towards covering the pool. Kelly Kelley, pool director, told Council these costs were estimated at the high end and the new ozonator will save chemical costs. Councilwoman Walls questioned keeping the pool open all the way through November when the weather starts to get bad. Kelley told Council she would be willing to try this on a month-by-month basis. Kelley told Council she is not in favor of covering the pool; there are other items that should be taken care of first. The plumbing is in terrible shape. Kelley said she does not feel the demand is there for winter, but would like to try fall to see if the demand is really there. Councilwoman Fallin moved to extend the closing of the Moore pool to October 15; seconded by Councilman Collins. Mayor Stifling said this will have to come out of the general fund, and the Council has already made an additional allocation out of that fund for streets. Cindy Shafer, finance department, said the contingency fund has been used up, any other expendi- tures will reduce the fund balance. Ms. Shafer said this is not a type of action Council should be doing on a continuing basis. All in favor, with the exception of Councilman Isaac and Mayor Stifling. Motion carried. JENNY ADAIR PARK-R~PORT Jim Holland, parks director, reminded Council they had asked staff to find out of the streets department could handle some trucking costs for the dredging of three retention ponds. Of the $15,000 in trucking costs, the streets department can save 14 Regular Meet-ing ...... ASpen City Council August 12, 1985 $4,000. The trucks will not be available until after September 15. The total cost for this project will be $16,000. Mayor Stifling asked if this cost could be taken from the maintenance portion of the land fund. Cindy Shafer, finance department, said the 25 percent of the land fund has all been budgeted. Mayor Stirling said he would be interested in adjusting the 75/25 provision in the land fund. Assistant City Manager Ron Mitchell suggested continuing this item so staff can examine the land fund. ENCROACHMENT. REQUEST - Playhouse Theatre Elyse Elliott, engineering department, recommended Council approve this encroachment license for the Stage Three theatre. There is an existing canopy and they are proposing to add 7 acrylic pyramids to the canopy. Ms. Elliott said the canopy is a benefit to the public, and granting this encroachment would recognize the existing encroachment. Dave Gibson told Council the encroachment will not be enlarged or extended. Gibson told Council this canopy is on the north side of the building and it is very dark. They would like to bring in some natural light. Councilman Isaac moved to approve the encroachment request; seconded by Councilwoman Walls. All in favor, motion carried. MINING & STEAM E~a~BIT Carl Bergman, representing the Aspen Historical Society, told Council for a number of years they have wanted to have a struc- ture to house a mining and ranching exhibit. Bergman told Council they are interested in moving the Marolt barn to the historical society's land. Mrs. Marolt has possession of the barn until August 1986. Bergman told Council this building will be 5 feet lower than it is now. Bergman said there would be a ranching exhibit upstairs and mining downstairs. Bergman said the engines run on steam and they are silent. Bergman told Council the steam engine exhibit will rival the Smithsonian Institute. Bergman said the historical society will pay for moving the barn, and requested assistance from the electric department in lifting the wires. Councilwoman Walls asked about the neighbors. Bergman told Council he will see all the neighbors personally. Mayor Stifling directed staff to look into the legal conse- quences, liability in terms of moving the building, the feeling of the surrounding neighbors, and to work with the historical society and make a recommendation to Council no later than September 9. 15 /.~ Regular Meetin~ ...... -Aspen-City Council August 12, 1985 PLAT RECORDING~REQUtREMENT - Aspen Mountain Lodge Alan Richman, planning director, told Council Section 20-14(e) of the Code states the plat expires 90 days after approval if the plat is not recorded. The Aspen Mountain Lodge plat has not been recorded because staff is trying to protect the public to make sure all requirements Council asked for get into the recorded documents. The staff has been working with the appli- cant, and are not ready to record the plat. Richman said Council has the ability in 20-19(c) to waive requirements of the subdivi- sion regulations. Staff is recommending Council extend this requirement to no later than December 1st. Richman explained December 1st brings all portions of this project together on the same date. Mayor Stifling moved to extend the expiration date for this project to December 1, 1985; seconded by Councilwoman Fallin. Art Daily, representing the applicant, stated he does not feel an extension is necessary. The approval granted by Council May 20, 1985, was an approval contingent upon the city attorney stating the plat was ready for signing by the city. Daily said until the city attorney is satisfied, he does not feel the city approval described in the Code has taken place. Councilman Collins said he would prefer to have a 90 day extension. Richman said December 1 is when the growth management allocation will expire, so this date is the cleanest. All in favor, with the exception of Councilman Collins. Motion carried. OPEN SPACE F~MMENT- ENEM}RSEMENT RESOLUTION Mayor Stifling said a significant concept in this resolution is consolidating playing fields versus leaving them in a decentral- ized basis. Tom Baker, planning Office, said the P & Z agreed there was no best solution for the playing fields. Baker said P & Z chose to consolidate new fields north of Iselin park for visual as well as practical reasons. Baker said the resolution does not address the consolidation concept as a consensus was not reached. Mayor Stifling said he feels the village scale is better served with the decentralized approach. Mayor Stirling urged Council to revise the resolution adding language to support the decentralized approach. Roger Hunt, P & Z suggested a joint study session with P & Z to go over both concepts. Councilwoman Fallin said she likes the resolution the way it is because it is flexible. P & Z did a lot of studying 16 ~-~ Regular Meet.ing ......... Aspen C~ity Council August 12, 1985 and determined the playing field would be better at Iselin for practical reasons. This is to be a long term plan. Councilman Isaac moved to adopt Resolution #18, Series of 1985; seconded by Councilwoman Fallin. All in favor, with the excep- tion of Mayor Stirling. Motion carried. TROLL EY-.- SYSTBM.~{~PDATE Mayor Stifling said Council needs to determine what is to be accomplished with the trolleys. Alan Richman, planning director, told Council staff has met with the Roaring Fork Transit Agency and is developing a scope of work for the transportation element for the Aspen metro area. Richman said the report will include areas where staff can deal with the plan and areas that consul- tants would be appropriate. Richman said the transportation element should give enough input data to know where a shuttle route would most effectively serve the downtown area. The transportation element should also indicate the volumes of traffic the shuttle system would need to handle. After that, either a transportation or trolley consultant could use that information to make a determination if the equipment the city has is suited to those needs. The trolley system will be one of the options in the transportation element and the downtown circula- tion plan. Jon Busch said Council has to decide at least where to store the trolleys before they are totally destroyed. Busch said there is support for the trolleys from all elements of the community. Mark Bassett, Fort Collins Railways, told Council their trolley project started in 1977. Fort Collins was the last city in Colorado to have trolleys. Fort Collins decided to rebuild their trolley and in the process the idea developed to make the car operational. In 1980 a group formed the Fort Collins Municipal Railway Society. Bassett said the only things they asked the city of Fort Collins was use of city equipment and use of the trolley barn. Bassett said this group built a barn and restored some track. Bassett said the trolleys do not pollute and are not noisy. Bassett said their trolley system has been very successful, and was restored by volunteers. Bassett said trolleys are less noisy than trucks and buses. Bassett told Council trolleys are one of the most efficient means of moving anything. Councilwoman Walls asked if there are plans for restoration of the trolleys. Busch said he would like Council to consider two possibilities; (1) store the trolleys in the bus barn and to contract for restoration of the cars through RFTA's budget surplus. Busch said the trolleys are legitimate mass transit vehicles and are being considered as pert of the transportation system. 17 ~ ReVu}ar Meeting- ......... ~Aspen City-- Council August 12. 1985 Second, the trolleys costs $16,000 delivered to Aspen, and in realistic terms the real market value of the trolleys is above $16,000 per trolley. The city has had offers to buy the trolleys for $5,000 as they are. Busch said if the city restores the trolleys, and decides to sell them, they can be sold at a price in excess of what it cost to restore them. Busch told Council he received a formal recommendation from the Commissioners that Council should formally request RFTA to store the trolleys until a final decision is made. Gaard Moses told Council it would cost $10,000 per trolley to restore them, and he would form a group to restore them. Moses told Council the bodies of the cars are in good shape. Mayor Stirling asked if the Fort Collins trolley runs in the winter. Basset said because their car is a museum piece, they do not; however, the cars did run in the winter from 1919 to 1952. Busch told Council the Aspen Railway Company got an estimate on restoring the Trolleys of $10,000 per car but they had to be trucked to California. There may be an extra cost to redo the motors of about $2,000. Moses told Council one of the trolleys has already been restored, and there is expertise in Aspen to restore the trolleys to mint condition. Councilwoman Walls said the trolleys have to be relocated. in order to protect them. Councilman Isaac said he would like to see the trolleys put together by the private sector and have the city given them back. Helen Klanderud told Council RFTA is going to do a transportation development plan which will address transportation concerns and what should be funded. Mayor Stifling said he feels the commitment to the trolleys is beginning to emerge, and they could become part of the overall transportation element. The trolleys are part of Aspen's history. Mayor Stirling said he likes the idea of a private/public partnership. Councilwoman Walls moved Council go to the earliest RFTA meeting and request space in their barn for the trolleys; seconded by Councilwoman Fallin. All in favor, motion carried. 1984~ C~)MMI~T~ M~ REPeRT-eN ~hFTA Mayor Stifling requested Council read the report and to make it the basis for the study session August 19. REARING ~ORK- E4~ST- NE~IS~BORH~DOD-MASTER PLAN Glenn Horn, planning Office, told Council this plan is important with respect to annexation. Horn suggested Council continue this to September 9 along with the Smuggler annexation. 18 ~ Recut ar.-Meet~ing ........... Aspen City-Coun'cit August 12.-1985 CONCEPTUAL PUD - Agate Court Alan Richman, planning director, reminded Council at a previous work session they reviewed the issues of this project. Richman said a PUD is to achieve certain purposes; promoting more efficient use of land and public streets, preserving open space, preserving the site's unique features, and a beneficial land use relationship with surrounding properties. Richman said this plan could promote more efficient use of land and streets if access is limited to the alley and the alley is closed at 7th street. There would be more efficient use of land and streets if there was not the inter-relation with the highway, which is a problem here. Richman said he does not feel this PUD preserves open space. This project is preserving the site's unique features in attempt- ing to preserve trees. Regarding the beneficial land use relationship with surrounding properties, Richman said there i s concern about the location of the duplexes. Richman presented a map with the proposed state highway alignment and the lot lines. P & Z discussed increasing the buffer along 7th street. The buffer is presently 8 feet wide. Richman suggested the duplexes come off a lots A and K as a compromise. This would preserve open space, move the duplexes away from the highway and create a beneficial land use relationship. Richman told Council his preferred approach is to not build on lots A and B and K and L. Richman said if the applicant moves the duplexes off lots A and K, it should not affect the density of the project, which is proposed 10 units. Richman said he does have a problem with the proximity, but he feels it would be acceptable to vary setbacks between buildings, which is appropriate in a PUD. P & Z has recommended approval with 12 conditions. Richman has identified 5 areas where the conditions can be amended or improved. One is the suggestion for building envelopes on the other six lots, which the applicant does not have a problem with. The applicant has requested flexibility in driveway and footprint locations at the preliminary plat stage toward the benefit of saving the trees. Richman said giving the flexibility resulting in preservation of the trees is a worthwhile trade off. Richman told Council P & Z condition #8 was that the duplexes not be condominiumized for 5 years. Richman told Council staff cannot support that condition, and recommend it be eliminated. The applicant has requested condition #9 be clarified so that the applicant is not double taxed for the cost of undergrounding utilities. 19 Regular--Meeting ........... Aspen e~tv Council August 12, }985 Doug Allen, representing the applicant, told COuncil they are in agreement with conditions 3, 4, 5 in the planning office memorandum. Allen said they do not agree to sterilize 2 or 4 lots in the project. Allen submitted the study of Mach 1985 regarding the highway with the costs of the alternatives. The cost of aligning the highway by the Agate is $5,000,000 versus $1,600,000 for the "straight shot". Allen said everyone agrees the "straight shot" is the preferred alternative; it costs less and makes more engineering sense. Allen said it is not realistic to believe the highway would come by the Agate. Allen said it is not fair to deal with this property and steril- ize 2 or 4 lots when there is a development the planning office concedes has merits and retains the character of the west end. Allen said if the developer has to pull back, they lose two units. This property is allowed 12 units; the developer is only asking for 10 units, and presently there are 24 units on the property. This would be reducing the density and there will be about 40,000 square feet of open space. Allen told Council there are 31 trees on the lot; they can preserve 27 trees and are asking permission to move 2 trees and transplant 2 trees. Allen told Council the applicant would prefer alternative #3 in the planning office memo, which is approve the conceptual plan with P & Zs conditions, which defer the detailed design issues to preliminary PUD review. Allen said the condition regarding the building envelopes is appropriate at preliminary plat rather than conceptual. Richman agreed to that. Allen said the applicant is opposed to sterilizing the lots, which destroys the pr oj ect. Councilman Collins said he thought the applicant had an alterna- tive plan. Richman said the applicant originally was going to market the lots with no design of the two duplexes, to create complete individuality of the 10 units. The P & Z insisted on seeing the design of the front two duplexes because of the visual questions and the extent of the setbacks. Councilman Collins said even if the highway comes straight in, there will be a lot of traffic here from Cemetery Lane and the Institute. Councilman Collins said he would prefer to see the duplexes moved back and give some concessions with the footprints. Butch Clark said this street would cease to be the entrance to Aspen. The state is not going to spend $5,000,000 to build a highway. Clark agreed 7th street will be a key street but will not be any different than any other arteries. Councilman Collins said he would like to keep the options open. Richman said the point of PUD is to preserve open space for the benefit of the public, not just for private open space. Richman said PUD is a subdivision wherein there is a departure from the usual 20 Re~utar---Meet-i~g--- .......... i%speneity-Council August 12. 1985 design of regularly platted lots. Richman said he feels the city has the right to ask for these lots for the benefit of the public and the surrounding neighborhOOd, not just for the benefit of the purchasers of the lots. Councilwoman Walls said the purpose for the PUD on this property was to have control over some proposed large project. The applicant just wants to revert to single lots like the rest of the west end. Council- woman Walls said she feels this is an excellent project for this parcel. Councilwoman Walls said the city is not requiring other property owners in the west end to provide a lot of open space for the public. Mayor Stifling said he feels the PUD is appropriate for this block. In a PUD there needs to be a sense of a benefit to the general public. This is a unique block. Clark said this block would be the only block that had to move back. Councilman Collins pointed out the city made the Villas move back. Mayor Stirling agreed with pushing back the lots on 7th street. Mayor Stirling said there is still the potential to do duplexes on 7th street. Allen said when you take 30 feet out of a lot, you have substandard lots and the character of the west end is not maintained. Mayor Stirling urged the Council to require all 5 conditions, which would give the best combination of a PUD with single family and duplex units and would provide benefits for the community. Mayor Stirling said he feels 10 units works and will continue to work with the buffer along Main street. Allen said this buffer will not be used as a park even if it is 30 feet. Allen said when you make the lots smaller, it will impinge on every property on the block. Allen said they are not asking for any variance in FAR. Allen said to sterilize two lots will crowd the houses together. Councilman Collins said he would like the city to have the opportunity for the 30 foot setback. Richman told Council it is clear if the units abut the blue line, and the highway is constructed on this alignment, the units will have to be taken. Clark said no one believes the highway will be on this alignment; it is not reasonable. Councilman Isaac moved to approve the conceptual PUD for the Agate Court subject to conditions 1, 3, 4, 5 in the planning office memorandum of August 12, 1985; seconded by Councilwoman Wall s. Mayor Stirling said it is a bad precedent not to have a buffer along 7th street for all the reasons that have been discussed. Clark said a precedent is being set by picking out one property and treating it entirely differently. Mayor Stirling said this block is unique in its character and different from other blocks in the west end. 21 Reqular-.Mee~ing- ....... ~AspenIICity~ Counci~ August 1-2-,-'1985 Councilmembers Isaac and Walls in favor; Councilmembers Fallin, Collins and Mayor Stirling opposed. Motion NOT carried. Mayor Stifling moved to approve the Agate Court conceptual PUD subject to conditions in the P & Z resolution 85-10 and condit- ions 1 through 5 in the planning office memorandum; seconded by Councilwoman Fall in. Allen said Council is using the PUD in an extractive manner. The applicant is not trying to build something offensive on the land, but to offer for sale traditional west end lots. If the city wants the two end lots, they should buy the lots and not take them with no compensation. Barry Edwards, attorney ' s office, disagreed and said the city is not taking anything. Mayor Stifling reiterated a PUD is a subdivision where there is a departure from the usual design characterized by a combination of the following design approaches, averaged lot area, clustering of development, architectural clustering as well as open space and benefits to the general public. Mayor Stirling said this recommendation comes the closest to combining good potential for the developer and a general benefit to the community. Richman said the Council is approving the density, not taking away, but suggesting locations of the buildings. Councilwoman Walls asked if it would be possible to put a duplex on the other two lots. Richman said with an innovative design, it would be possible. All in favor, with the exception of Councilmembers Isaac and Walls. Motion carried. CONSE~T~ AGENDA Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is Liquor License renewals; Roaring Fork & Spoon, Aspen Art Museum; MEAN Resolu- tion. All in favor, motion carried. Councilwoman Fallin moved to continue the meeting to 3:45 p.m. Monday, August 19, 1985; seconded by Councilwoman Walls. All in favor, motion carried. Council left Chambers at 10:30 p.m. City Clerk 22