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HomeMy WebLinkAboutminutes.council.19851216Regular Meeting Aspen City Council December 16, 1985 Joint Meeting with County Commissioners. Mayor Stifling called the meeting to command at 4:10 p.m. with Commissioners Madsen, Blake, Braudis and Child and Councilmembers Isaac and Walls present. 1. 1986 Roaring Fork Transit Agency Budget. Bruce Abel, general manager of RFTA, reminded the Boards they had requested a summary of the capital projects for 1985. Abel said the two major projects funded through UMTA and construction of the bus maintenance facility and the bus acquisition grant for 16 Neoplans and related equipment. Abel anticipates the bus acquisition grant will be closed out at the end of this year. The bus maintenance facility grant will be closed out by June 1986. The minor capital projects were painting the fleet, acquisition of bus shelter, buying a mini-van for senior citizens and handicap persons, and retrofit of 5 transmissions of the Neoplan buses. Abel told the Boards the van was acquired in November for $3500 under budget, which will be returned to the capital improvements budget. The painting of the fleet was completed in November and the bills are still coming in. The budget for the bus shelters is $80,000 and a contract has been awarded for these shelters. Abel told Council the shelters were not installed in 1985 due to the weather; the necessary work for permits was not through the process in time in order to get concrete poured. Councilman Isaac asked if there is UMTA money available for shelters. Abel told the Boards that shelters are at the bottom of UMTA's priority list. UMTA'S priority list is #1 vehicles; #2 mainten- ance facilities, and UMTA views passenger amenities as low priorities. City Manager Schilling asked what the unit costs were for the shelters and where they were acquired. Abel said the shelters cost $3200 and are being acquired from Columbia Equipment Corporation, who has done business in Colorado. Abel told the Boards regarding the retrofit of the Neoplan buses, RFTA has run into some semantic difficulties with Neoplan, and they are still negotiating. The project will either be carried over to 1986 or taken off the books. Blake asked if the fund balance is adequate, inadequate, is funded to much. Abel said 1985 started out with a fund balance of $704,000, consisting of contributions from Pitkin County and the City of Aspen and an operating surplus of $527,000. After the budget amendments, the 1985 surplus is projected at $38,600 for an opening operating budget of $742,000. Abel is recommend- ing two fund balance reserves as minimums. One is reserves for sales tax contingencies. The sales tax revenues are estimated at $1,430,000 for 1986. Abel explained that RFTA is more subject to 1 Regular Meeting Aspen City Council December 16, 1985 increases or decreases in sales tax collection because they have fixed obligations, like debt service, that do not vary. The revenues are based on an 8 percent increase in sales tax. RFTA has set up a 10 percent reserve contingency to offset fluctuations in the sales tax. Abel said RFTA is also recommending a $150,000 inventory reserve. Abel said that would leave $447,000 out of RFTA's operating fund balance available for capital projects. In 1986, there is a opening capital fund balance of $176,000 and out of 1986 sales tax revenues, $120,000 will be dedicated to capital improvements. The total fund balance available for capital projects would be $744,000. Blake asked if, through the sales tax process, RFTA being over-funded or under-funded. Abel said the city and county should be commended on their foresight because the present federal administration is saying that transportation should be funded locally. The 1986 federal budget has a 76 percent decrease in UMTA's projects. The way RFTA has been funded is that there will be enough money to buy buses, to make improvements to the facilities. Blake said since there may not be a steady stream of income from the federal government, long term this may be the right formula. Abel said even at the current level of federal funding, UMTA is not funding passenger amenities. Abel pointed out there will have to be replacement of 22 Bluebird buses in the future, and it is not known if there will be federal grants for these buses. Abel said there should be a growing fund balance over the years to addresses these replacement needs. Mayor Stifling said the fund balance is 2-1/2 times the recommended minimum. Abel said they are planning on terminal improvements and a vehicle acquisition program starting in 1986. Mayor Stifling pointed out the fund balance is 30 percent of the budget, which is a lot of money. Mayor Stifling said the question is is there too much money coming into the RFTA operation and maybe the money needs to be reallocated to the city and county. Blake agreed the intent is not to deprive RFTA of funding the items they need, but the city and county do have pressing needs. Braudis asked if there is a long term replacement schedule for the buses. Abel told the Boards that the TDP will address capital improvements and financial planning for the next 5 years. Abel told the Boards that replacements for a bus will cost about $120,000 a piece. Blake said he is inclined to let the fund balance ride for another year before cutting it. Child said the TDP process should be gone through before making any decision about the fund balance. Tom Oken, county finance director, told the Boards that RFTA is part of the county's total investment pool. Oken said it is 2 Regular Meeting Aspen City Council December 16, 1985 premature to come to the conclusion this fund balance is too large without seeing the TDP program of what is needed in the next 5 years. Oken explained there was a large surplus the first year; the staff was cut back significantly, and the debt service was deferred for that year. Oken said the TDP and guesses about federal assistance are critical in analyzing whether the fund balance is too much or not enough. Mayor Stifling said the line item expenditure for ATC is 20 percent higher for 1986. Spence Videon, RFTA Board, told Council that RFTA is right on line in terms of the original long term commitment with ATC. Videon said ATC has solidified the RFTA, improved the personnel, the information management and the financial reporting. Videon said RFTA Board renegotiated the contract with ATC and will be in place 6 months earlier than anticipated. Mayor Stirling asked what the training budget will be used for. Abel said specifically in the maintenance training area. RFTA has a very sophisticated new facility and they need to improve the skills of the work force to take advantage of the equipment in the facility. Abel said this cost is an estimate by a company that is very involved in maintenance training. They will develop specific courses for the machinery at the bus maintenance facility. Abel told the Boards they have all the equipment they need in order to do maintenance in-house that is cost efficient. Councilwoman Walls moved to approve RFTA resolution #10; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Walls moved to approved RFTA resolution #11; seconded by Councilman Isaac. All in favor, motion carried. Commissioner Child moved to approve Resolutions #10 and #11; seconded by Commissioner Braudis. All in favor, motion carried. COUNCIL MEETING CITIZEN PARTICIPATION 1. Patty Carlson, head of Eagle's Nest, is proposing a program to employ senior citizens to develop an agricultural project. Ms. Carlson said she would like to lease the Marolt property and employ senior citizen to oversee children developing a community garden in a much larger sense. Ms. Carlson said she would like to have several root cellars on the Marolt property so that the crops could be stored. Ms. Carlson said she would like also to build a biodome. Ms. Carlson told Council she will present a formal request to Council with all the details. Ms. Carlson said she would like to start this project summer of 1986 and feels the program would have tremendous impacts on seniors and children 3 ReGular Meeting Aspen City Council December 16, 1985 both. Mayor Stifling said this is a proposal to use land purchased with open space funds, and the proposal should be presented to Council as early as possible. 2. Jeanne Bascom, representing the International Peace Tree, told Council the tree lighting celebration will be this Saturday. Ms. Bascom told Council many of their strings of lights either don't work or are missing. Ms. Bascom asked the Council to allocate some funds to help purchase lights for the tree. Councilman Isaac moved to add this to the end of the agenda; seconded by Mayor Stirling. All in favor, motion carried. (Councilman Collins came into Chambers.) PROCLAMATIONS Mayor Stirling read a proclamation for outstanding city employee, Susan Hawks. Mayor Stirling presented Susan ~awks with the proclamation and the certificate of outstanding employee. Mayor Stifling read a proclamation proclaiming December 15 to 21 drunk and drug awareness week. This is being done throughout the state of Colorado. ORDINANCE #56, SERIES OF 1985 - Open Meetings Law Mayor Stifling opened the public hearing. Councilwoman Fallin moved to adopt Ordinance #56, Series of 1985, on second reading; seconded by Councilwoman Walls. City Attorney Taddune told Council he has changed the language to track with language in the Colorado sunshine law, as the term legal consultation could cover almost anything. Taddune is recommending the language read "conferences with the city attorney (and special counsel) concerning disputes involving the city that are the subject of pending or imminent court action." This is more in line with city practices of the past. Mayor Stifling closed the public hearing. Councilwoman Fallin moved to amend Section 2-3 (a)(2)(ii) and adopt Ordinance #56, as amended; seconded by Councilwoman Walls. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Collins, yes; Walls, yes; Mayor Stifling, yes. Motion carried. ORDINANCE #62, SERIES OF 1985 - Flood Plain Control Mayor Stifling opened the public hearing. There were no com- ments. Mayor Stifling closed the public hearing. 4 Regular Meeting Aspen City Council December 16, 1985 Councilman Isaac moved to adopt Ordinance #62, Series of 1985, on second reading as amended; seconded by Councilman Collins. City Attorney Taddune told Council there are some amendments in this ordinance requested by FEMA, and FEMA has agreed with this draft. Chuck Roth, engineering department, told Council these requirements are not more strict than the present Code, but are more specific. Roth told Council under this ordinance, people within the flood plain may get better insurance rates. Taddune told Council the federal government put the city on notice if this ordinance was not passed the city would lose the ability to participate in the national flood insurance program. Councilman Collins said there is no mention of a surveyor certifying that the elevations are accurate. Roth said the ordinance requires a registered architect or engineer certifies the elevations. Taddune said the assumption was that either the engineer or architect would hire a surveyor. Roll call vote; Councilmembers Isaac, yes; Walls, yes; Collins, yes; Fallin, yes; Mayor Stifling, yes. Motion carried. REFERENDUM PETITION Mayor Stifling said City Attorney Taddune has advised that if Council is going to proceed to rescind Ordinance #47, Series of 1985, they should do this by ordinance. An ordinance to rescind Ordinance #47 has been presented for first reading of Council. Taddune said if this ordinance goes to second reading, it would allow public comment at a public hearing. If Council decides not to repeal Ordinance #47, a resolution calling for a special election has been prepared. Mayor Stifling moved to read Ordinance #71, Series of 1985; seconded by Councilman Isaac. Councilmembers Fallin, Isaac, and Mayor Stifling in favor; Councilmembers Walls and Collins opposed. Motion carried. ORDINANCE #71 (Series of 1985) AN ORDINANCE REPEALING ORDINANCE NO. 47, SERIES OF 1985, REGULATING FIREPLACES AND WOODBURNING 11 STOVES AND RATIFYING, CONFIRMING AND RE-ENACTING TO THE EXTENT NECESSARY SECTION 11-2.3 AND 11-2.6(A) OF THE MUNICIPAL CODE AS IN EFFECT PRIOR TO THE ADOPTION OF ORDINANCE NO. 47 SERIES OF 1985 was read by the city clerk Mayor Stirling moved to approve Ordinance #71, Series of 1985 on first reading. Motion DIES for lack of a second. 5 Reqular Meeting Aspen City Council December 16, 1985 Mayor Stifling said the only alternative at this point is to schedule a special election as there is not sufficient support to rescind Ordinance #47. Councilman Isaac said Council could amend the present ordinance with the agreement of the petitioners' committee. Mayor Stifling said to do that the petitioners' committee would have to withdraw their petition. Sally Roach, petitioners' committee, said they had met with the drafters of this ordinance as far back as August and were basically ignored. Ms. Roach said it would be inappropriate to go back to where they were in August and they do not want to withdraw the petitions. Councilman Isaac moved to adopt Resolution #40, Series of 1985; seconded by Councilwoman Walls. City Clerk Koch said the dates for the special election would be between February 18 and March 18. Councilman Collins said he would like to amend the resolution to include any other ballot questions Council may want to take up rather than limit it to one question. Councilman Isaac moved to accept that amendment; seconded by Councilwoman Walls. Mayor Stifling said a lot of money and time will be spent on both sides of this issue. Mayor Stifling said there is high feeling about this ordinance, and the ordinance does not address any fireplaces in use currently. Mayor Stirling suggested a full scale voluntary program for this winter. Councilwoman Fallin said an election will bring out the emotional rather than technical issues. Councilwoman Fallin said many people have talked to her about the pollution problem and the concern that Council do something about it. Councilwoman Fallin said if this discussion has done anything, it has raised people's conscien- tiousness about the pollution problem. Councilwoman Fallin said people have told her they do want controls on fireplaces, but not this particular ordinance. Mayor Stifling said the Council has contracted with the Colorado department of highways to use washed gravel on highway 82, which will eliminate some of the dust problems. Councilman Isaac said scheduling the election March 18, would give the greatest time to perhaps work out a solution and cancel the election. Taddune told Council an ordinance repealed by the electorate cannot be re-enacted for a period of 6 months. Councilwoman Walls asked if a voluntary program was used this winter, would there be any way to quantify the results. Lee Cassin, environmental health department, told Council it generally takes 5 years to know whether a trend has occurred. Ms. Cassin said one winter would 6 Regular Meeting Aspen City Council December 16, 1985 not be enough to know if a program were working because there are other factors, like more or less snow or wind. Ms. Cassin told Council the ordinance in effect, before Ordinance #47, allows each building to have one high polluting fireplace or stove and an unlimited number of certified devices. Mayor Stifling said Aspen does have inversion challenges; the question is whether Ordinance #47 addresses the concerns adequately. Mayor Stifling said via the petitions, the citizens have said this ordinance does not address the concerns. Mayor Stifling said setting an election does not accomplish cleaning up the air of the co~nunity. Councilman Isaac said to date he has not seen an effort to initiate a voluntary program. Councilman Isaac said he would like to set a date for the election, try to initiate a clean air program, and cancel the election if that happens. Councilman Isaac moved to set March 18, 1986, for a special election, get some ideas and dialogue going, and cancel the election, if necessary; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stifling said the city needs to get a clean air program going and needs citizens to help. Sally Roach said attempts to work with the city got nowhere, and they were told if the public does not like the ordinance, they should do a referendum petition. Ms. Roach said they have done a referendum. A citizen suggested rescinding the ordinance and spend time, money and effort on a program to suit everyone, rather than spend time, money and effort on an election. Tom Dunlop, environmental health department, told Council there is a compromise ordinance available. Dunlop said his department is extremely interested in voluntary efforts but there has not been a lot of cornunity support. Ms. Cassin told Council the previous law allows one dirty burning device and an unlimited number of clean burning devices per building. It turned out that the "certified" devices in many instances are high polluting. The concern of the CAAB was to limit the "certified" devices. The compromise ordinance allows one dirty burning and one certified device per building. The air quality problem is a concentration of many fireplaces in one building. Ms. Cassin said they are trying to keep options open for people who do heat their homes with wood. WOODSTONE PLAT AMENDMENT Councilman Collins left the room due to a conflict of interest. Alan Richman, planning office, told Council the applicant wants to eliminate the existing Anchorage restaurant and replace the square footage in the mezzanine of the lobby. Richman told 7 Reaular Meeting Aspen City Council December 16, 1985 Council the reason for eliminating the existing restaurant space is that the building is at or above the FAR, and there is no square footage available to add a new restaurant. The original proposal was to fill up the existing restaurant space, close it off and replace the square footage on the mezzanine. Richman told Council the staff felt uncomfortable with that approach. Richman suggested to the applicant that they replace the existing restaurant with a parking area, which would not be counted in the FAR. Richman told Council if a parking garage is built, the ramp will be in the open space, and the applicant will have to go to the Board of Adjustment for a variance. Richman had told the applicant the parking concept before Council will have to be tabled until they go to the Board of Adjustment. The applicant is trying to get this work done for the winter season, and has informed the planning office they would rather close off the existing space. Richman told Council the planning office has had no chance to refer this proposal to any agencies. Richman recommended tabling this issue in order to come to conclusions if filling the space with some material is an appropriate way of eliminating FAR. This may put the city in an enforcement bind. Dick Butera, applicant, told Council the Municipal Code says he is allowed to do what he is proposing, to take the FAR within the structure and move it wherever he pleases. Butera said he wants to move the restaurant out of the basement to a space where it will have magnificent views of the mountain. Butera told Council the staff said he has to make the old space unusable or he cannot move the restaurant. Butera said he is trying to make the building and the guest experience ulcer. Butera suggested deed restricting the basement area, with a fine for entering it, rather than filling it with sand or cement. Butera said he went to the building department with a plan to cement up the space and put sprinklers inside it. This was agreed on. Then the planning office came up with an idea to put underground parking in this space. Butera said this requires him to go to the Board of Adjustment and prove hardship, when all he wants to do is shift the FAR within the building, foot for foot. City Attorney Taddune said previously the city was making ad hoc contractual arrangements with developers, and this did not work, and the city was always on the short side of the agreement. Taddune said he felt the parking garage was a good solution. Taddune said if the applicant wants to move the space, the other space should be gotten rid of. Richman said the staff is not against this proposal but are trying to accomplish it in a manner which is not an enforcement problem. Mayor Stirling suggested Council approve shifting of the FAR and then let the applicant work out how to deal with the old space. ReGular Meeting~ .... Aspen City Council December 16, 1985 Mayor Stifling said the Council ought to facilitate improvements to the resort. Richman said the applicant will have to go to the Board of Adjustment for the parking solution because the building is deficient in open space, and a ramp for the perking takes away from the open spece. Jim Colombo told Council they have tested 3 separate vehicles to see if they can fit in this space. Butera said they would like to be able to build at their own risk. Mayor Stifling moved to approve the request subject to the following conditions; (a) instead of approval by the Board of Adjustment being obtained prior to the issuance of a building permit, that the applicant be required to seek permission for doing the underground parking garage and whatever variances are required; (b) the sale of the air space above the lobby shall be finalized; (c) delete the condition regarding assignment of parking spaces; (d) final condominiumization plat shall be submitted (e) applicant shall submit a statement of subdivision exception to the city attorney's office; seconded by Councilman Isaac. Andy Hecht said the parking area is still in the planning stages and all the applicant wants to be bound to is eliminating the floor area measurement of the basement. The applicant will try for the parking solution, but there may be reasons that fails. Mayor Stifling suggested putting in his motion to state if the parking alternative fails, other structural changes satisfactory to the planning director and building inspector may be made to eliminate the FAR. Taddune suggested that by c/o the question of the perking spaces is either resolved to the satisfaction of the planning director and building inspector, or the space is blocked off to the satisfaction of the staff. Council agreed to this. All in favor, with the exception of Councilwoman Walls. Motion carried. GMP ALLOCATIO~ f CR~STAHAUS L-3 Steve Burstein, planning office, told Council the Crestahaus is requesting from the L-3 quota, 10 units from 1985 and 4 units from 1986. The proposal is for a general upgrading of the lodge, new landscaping and parking schemes and some employee housing. P & Z scored this above the required threshold. The main issues were parking on the east side of the lodge and impacts on the residents of Riverside subdivision. Other issues were visual impacts, drainage, and exterior lighting. Through the P & Z's special reviews, it was felt these issues were adequately addressed. Burstein recommended approval of the allocation of 14 units. 9 ,", Re~ular-.Meet~g Aspen City Council December 16, 1985 Regarding a future year allocations, there are two general criteria; one is the growth impact. Burstein pointed out a number of lodges are being converted to employee housing and the L-3 sector can be accommodated by additional units; this does not have a significant impact. The other consideration is the quality of the project, and P & Z felt the quality was significant enough to deserve a future allocation. Councilman Isaac moved to approve 10 L-3 units in 1985 and 4 units in 1986; seconded by Councilwoman Walls. J. D. Muller, representing Helen Klanderud, asked Council to consider for enforcement purposes, to include the conditions of P & Z on the use of the property in Council's resolution of approval. Alan Richman, planning director, said they w ill put into the resolution statements about the commitments and representations made by the applicant so that the building department can track these. Richman said the resolution will be before Council January 13, 1986. All in favor, motion carried. Councilman Collins abstained. OUILLEN-~OT SPLIT~BLIC HEARING City Attorney Taddune reminded Council at an earlier meeting Council referred this back to his office to see if various conditions could be met. Taddune told the applicant has agreed to convey to the city an easement on Cemetery Lane. The appli- cant has agreed to the easement on the entrance way. Taddune told Council these are being characterized as concessions to induce the city to approve the subdivision. Alan Richman, planning director, entered into the record a memorandum from Jay Hammond, engineering department, approving two easements; one at Cemetery Lane and Red Butte drive for improvement the intersec- tion, and a 17 foot wide easement along Cemetery Lane for possible improvements along that road with 3 conditions. Taddune told Council the Quillens have entered into a settlement agreement with the neighborhood. The Fischers are not part of the settlement because they were never served with a summons. Taddune told Council one of the considerations for his recoE~end- ing approval of this application was the fact the applicant had agreed to tender to the city a release of all outstanding negligence and damage claims in the related action. Taddune told Council he does not feel the Court of Appeals decision was a good decision, however, the city has to live with the decision. Councilwoman Fallin said the Court of Appeals said this applica- tion had to come back and go through the procesS. It did not say 10 Reaulat Meeting ....... Aspen City Council December 16. 1985 the Council's decision had to be in the affirmative. Taddune said Council could say no and regenerate a lot of litigation. Taddune said what the Court of Appeals has said regarding subdivision criteria, it was felt that the ambiguity of the decision could be construed in the applicant's favor if other concessions, on the part of the applicant, could be in favor of the applicant. Taddune said the argument he made in front of the Court is what security does a consumer have to go into a standard subdivision and the next day someone can take large lots and subdivide them into littler lots. Taddune said the Code has been amended to remedy that situation and this situation could not occur under the current Code. Councilwoman Fallin asked if the Court said Council had to adhere to the law in effect at the time or in the light of the law in effect at present. Taddune said the Court did not address that, but what relief would an applicant have if he went to court and over 5 years the law changes. Taddune said the majority view is the law that should govern the application is the law in effect at the time of the application. Mayor Stirling asked whether the normal actions of Courts are to remand it back to the governing body or to force the lot split. Taddune said he does not agree with the decision of the Court. Taddune told Council he appeared at the Court of Appeals with a resolution of the City Council outlining what the Council intended. Taddune said the Court did not pay any attention, and modified their opinion. Taddune said Council was not intending to approve the application but was intending to send the application back to P & Z to determine whether or not the application met the subdivision standards, which P & Z had determined was not the case. Mayor Stifling asked if this lot split is granted to the Quillens, are there any other lots in the subdivision that could be split on the same basis. Richman said no one can buy a lot and reconfigure the lines and end up with additional lots. The lot split itself is not prohibited by the Code. Richman said the Code prohibits an applicant from taking two large lots, reconfig- uring them so that a third lot can be created. Taddune said the Quillens allege that it was the city staff that recommended this process; the city has never conceded to this. Councilwoman Fallin asked about the covenants of the subdivision. Taddune said theses are two independent points of view; the covenants are between the property owners and the Quillens, the approval was between the city and the Quillens. Mayor Stifling opened the public hearing. The purchaser of lot 12, which is being proposed to be subdivi- ded, asked if the 17 foot easement is coming out of her lot. The easement was not discussed with the purchaser. At the timing of 11 Re~ularMee~in~ ............ Aspen City Council December 16. 1985 filing of the plat, she will own lot 12A and the new lot will be lot 13A. Taddune said without the easement, retaining walls would have to be built, which is less desirable. The purchaser said she should have been told about this easement previously. Mayor Stifling said this easement was requested at the November 25th Council meeting; the applicant's counsel objected to it, and Council required it as a condition of approval. Taddune said the purchaser will have to take the land contingent upon what the city agrees with the Quillens. Klein suggested the easement lying within lot 12A not be required at this time, and the condition be the applicant attempt to obtain a grant of easement for that parcel. Councilman Isaac said that is not in the best interests of the city. Mr. Fischer asked if this approval includes a statement that all litigation against all parties will be dropped. Taddune said there is a proposed agreement between the applicant and the neighbors. Klein told Council there is a settlement agreement entered into with some conditions that have to be implemented. Klein said if the conditions are met, all parties will be released. Taddune said in the settlement agreement, the defendants are bound not to oppose this applications. In turn, they w ill be released from the lawsuit. Marvin Jordan said the neighbors feels that the litigation should be dropped before Council acts on this application. Klein pointed out that the easement requested of the applicant to smooth out the intersection is something he was willing to give. Klein said he is concerned about Sandy Read's legitimate objection, and the 17 foot easement is something the applicant was required to give rather than offered to give. Mayor Stifling closed the public hearing. Mayor Stifling moved to grant final plat approval to the Quillen subdivision which adjusts the lot lines between lots llA and 12A of lot 1 of Red Butte subdivision and to split off lot 12B from the new lots subject to the following conditions; (1) applicant will submit a plat to the engineering department as agreed in the memorandum of November 25, 1985; (2) the applicant will submit a statement of subdivision in a form acceptable; (3) the applicant shall agree to join in any future improvement district; (4) the applicant will place a note on the plat stating no further subdivision will be granted; (5) the applicant will volunteer a 17 foot easement along Cemetery Lane, per the city engineer's memorandum December 12, 1985; (6) the applicant agrees to release the city from any further litigation related to this; seconded by Councilman Isaac. ~.~ Regu}ar-Meeting ........ Aspen City Council December 16, 1985 Councilwoman Walls said she feels there are too many unanswered questions in this application and unknowns keep cropping up. Councilman Isaac said the city has been working on this for 5 years and it is time to finalize it. Councilman Isaac and Mayor Stifling in favor; Councilmembers Collins, walls and Fallin opposed. Motion NOT carried. Councilman Isaac said he feels not approving this is not in the best interests of anyone. Taddune said Council's options in this application were evaluated, and when this was remanded to P & Z it was with instructions to maintain the integrity of the land use process but that the ambiguities should be resolved in the direction of the applicant to resolve the litigation. Councilwoman Walls said the Council has fulfilled what the Court said to do, which is to take it through the process and the answer is no. Klein asked what the reason for the denial is. Councilwoman Walls said there were two lots in a neighborhood and the applicant is trying to make 3 lots out of 2 lots. The area is subdivided and every lot had a certain boundary and certain size. People bought the lots depending on these 2 lots remaining 2 lots. It is not fair to other purchasers to have 2 lots turn into 3 lots. Klein said the subdivision covenants at that time did not prohibit the resubdivision of those lots, and the Municipal Code al so allowed this. Klein said the applicants have rights and expectations, too, and that is what got this into the Court system. The Court found that the city is stuck with the design standards and subdivision laws as they are written. Councilwoman Walls said the law did not mandate subdivision lines be redrawn, and the decision is up to the Council. Taddune told Council the Court said a subdivi- sion application which complies with subdivision design standards must be approved; once all the criteria are met, it is arbitrary and capricious not to approve an application. The applicant has offered an easement it did not want to grant; the applicant has also agreed to round off the corner, and the neighbors will be able to get out of expensive and complicated litigation. There is a personal damage litigation against the city for inducing the applicant to come up with a 3 step process. All this will be accomplished if Council approves the application. Taddune told Council when this application went to public hearing at the preliminary plat stage, the neighbors appeared and made the argument they relied on the way the subdivision was laid out at the time and would not have purchased the properties if they had known the lot lines could be adjusted. Taddune said the Court of Appeals did not listen to this argument. ORDINANCE-#78, S,~RtESOF t985 - Liquor License Proximity to Schools 13 Requ~}ar-Meeting ...... Aspen City Council December 16, 1985 City Manager Schilling told Council the city has had the lease- hold interest in the land underlying Arthur's since 1981. Part of the lease includes the provision where the lessee may exercise the right of obtaining back the property by paying a base 2 year lease payoff, which amount of $24,000. Schilling said the owner's representative has indicated an interest in doing so. Schilling recommends this be approved. Schilling said when this transaction occurred, it was to circumvent a state law that persons could not have liquor licenses a certain distance from the school. By the city taking ownership of the property, that provision did not apply. In 1984, the law was changed to give the Council latitude to make a finding that the liquor license could be issued within the 500 foot limitation. The staff has drafted an ordinance to make that finding. Councilwoman Fallin has some concerns about this, and the ordinance can be amended to cover those concerns. Schilling recommended Council pass a resolution to implement the lease provision, and to pass the ordinance regarding distance from a school. City Attorney Taddune told Council the rents for Arthur's have been brought current by the bank several times. John Kelly is proposing to buy out the lease for $24,000 and not have to pay any outstanding rents. Kelly told Council the bank has brought the lease current in order to keep the liquor license alive. Kelly told Council he tried to negotiate a better pay off than $24,000. Kelly said the applicants have been through 2 bank- ruptcies on this property. Councilwoman Fallin asked what happened to the transfer of liquor license approved this summer. City Clerk Koch reported the Department of Revenue denied the application as the applicant did not have possession of the property. Councilwoman Walls said she would love to get out of the liquor business. Councilwoman Fallin said there was a reason why the state instituted a 500 feet limitation. Councilwoman Fallin said she would not want these locations to be able to serve alcohol from 10 a.m. on. Kelly said an applicant may want to serve cocktails at lunch. Kelly said this is not the type of place to become merely a "bar". Taddune told Council they may eliminate or reduce the distance restrictions for hotel and restaurant type licenses only. Councilman Isaac moved to read Ordinance No. 70, Series of 1985, to 100 feet; seconded by Councilwoman Walls. All in favor, with the exception of Councilwoman Fallin. Motion carried. ORDINANCE NO. 70 (Series of 1985) 14 Regu~ar~Meet}ng ........ Aspen City Council December 16, 1985 AN ORDINANCE PURSUANT TO SECTION 12-47-138, COLORADO REVISED STATUES, REDUCING THE DISTANCE RESTRICTION IMPOSED BY PARAGRAPH (d) FOR HOTEL AND RESTAURANT LICENSES FROM FIVE HUNDRED (500) FEET TO ONE HUNDRED (100) FEET FROM ELEMENTARY SCHOOLS was read by the city clerk Councilwoman Walls moved to adopt Ordinance #70, Series of 1985, on first reading; seconded by Councilman Isaac. Councilwoman Fallin said she would like the ordinance to be amended that the operations of the license be limited to non-school hours. Kelly said that would eliminate lunch. Councilwoman Fallin aid she is concerned about a drunk driver leaving and going by the playground. Councilwoman Fallin said that would not preclude lunch operations in the summer. Kelly said this will be an expensive purchase and the operators may want to serve lunch year round. Councilman Isaac said people will have to park close to the playground to eat at this estab- lishment. Councilwoman Walls moved to amend the ordinance to add that no liquor may be served while school is in session; seconded by Councilman Isaac. Roll call vote; Councilmembers Collins, yes; Isaac, yes; Fallin, yes; Walls, yes; Mayor Stifling, no. Motion carried. RESOLUTION NO~-3-8~-- ~RtES-OF 1985 - Terminating Arthur's Net Ground Lease City Attorney Taddune said the lease arrears have been paid by the bank several times. It is not known what is in arrears at this point. Kelly said he has negotiated with the staff to pay $24,000 to get out of the lease. Kelly said they would like the outstanding rents and charges be waived. Taddune pointed out the resolution as written calls for payment of all outstanding rent, liens and charges. Kelly asked that the public hearing be scheduled as soon as possible as there are people interested in purchasing the property. Councilwoman Walls moved to adopt Resolution #38, Series of 1985; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stifling. Motion carried. RESOLUTION.~3~,,-SE~IEe-OF1.985 - Towing Contract Renewal Rocky Whitford, police department, told Council there were no bids this year. Palazzi was not interested and no other company meets the equipment requirements. 15 ,,,. Re~u}ar~Meeti-ng .......... Aspen City Council December 16, 1985 Councilwoman Fallin moved to approve Resolution #39, Series of 1985; seconded by Councilwoman Walls. City Attorney Taddune said there have been changes in the contract, which benefit the city. Taddune said the city may set-off from any amounts owed to Contractor by the city pursuant to costs identified in paragraph V. The contractor may have penalties under the response time. If the contractor is late 1 to 15 minutes after the response time, the bill may be set-off 25 percent. This is to build in performance standards. All in favor, motion carried. Mv.A~ A~ ~40UStNG~Dt~aeTOR- PRePOSAL M.A.A. representative said the M.A.A. was in a turn over during the Council's budget time, and this request was overlooked. City Manager Schilling said this request would come from the general fund contingency fund, which is $65,000 for 1986. Mayor Stifling said if this had been made with the other non-profit requests, it could have been evaluated with the other requests. Mayor Stifling asked if this could come from the RETT. Assistant City Manager Mitchell said the RETT will be in deficit in 1986. Councilwoman Fallin asked if this could work out of the housing authority office. Mayor Stifling said the housing authority has a minimal staff and would also have to hire someone to do this job. Councilwoman Fallin asked if this position could be part time. M.A.A. representative said this will be an expanded position, and will be taking care of all the facilities. The original request for the housing aspect, including phones, secretarial, was $25,000. Mayor Stifling moved to allocate from the 1986 contingency $10,000 to be applied solely for housing search and support for the M.A.A.; seconded by Councilwoman Walls. Mayor Stirling said housing is so fundamental to the operation of the M.A.A. This would be a legitimate expenditure of tax payers money in light of the benefit to the community. Councilwoman Fallin said she would be willing to fund this at a higher level and would also like to see this at budget time next year. Councilwoman Fallin agreed that the M.A.A. needs a housing director for more than 3 or 4 months and last year the housing search was started too late and caused problems. Councilman Isaac asked what Council contributes to the M.A.A. Mayor Stifling said about $27,000. 16 Rebuilt Meeting- ........ Aspen City Council December t6, 1985 All in favor, with the exception of Councilman Collins. Motion carried. GOLF-eOURSE,-SLEIGHRIDE-~eNTRACT City Manager Schilling reminded Council last year they entered into a sleigh ride operation on the golf course. Jim Holland solicited proposal for this operation. The city received one proposal from Morrison outfitters. Schilling reconunended Council authorize staff to draft an appropriate agreement and to negotiate the level of compensation. Schilling told Council the city designates the area for this sleigh ride and there have been no negative impacts on the golf course. Schilling told Council Morrison has an agreement with Pomegranate and TOwn and Country lodge for sleigh rides. Mayor Stifling moved to accept Morrison outfitters proposal, authorizing the manager to negotiate compensation and execute the appropriate documents; seconded by Councilwoman Walls. All in favor, motion carried. ARCHITEeI~h~E-.SERV{C~ONTRACT - MOORE POOL EN(7~OSURE City Manager Schilling said in March 1985, Council authorized the staff to solicit professional services agreement for phase 1 work of a pool enclosure. An RFQ process was prepared and advertised and the city received 15 submittals. There was a screening committee who screened these down to 3; interviewed the submittals and ranked them and recommended Ernemann Group Architects/Banner Engineering. The staff negotiated an agreement with the architects for $5200 and the scope of work is outlined in the agreement. Schilling said Council should deal with the concept of support for enclosing the pool. Schilling said the first phase work should be done in 60 to 90 days. Mike Ernemann told Council the report will enable Council to make a decision as they intend to gather information to know what the facility can be, what the demand will be. The architects will explore alternatives so Council can direct what type of solution they would like to see. Councilman Isaac asked if one of the alternatives would be another site for a covered pool. Ernemann said they could look at it, but the analysis so far points out the value of the existing pool is in excess of $300,000. Councilwoman Walls said she would prefer not to look at that alternative, but to look at enclosing the Moore pool and bring the dressing room area up to standards. Ernemann told Council their first charge was just to look at covering the pool. As soon as they started talking to people, it became apparent there is an expanded range of uses that people 17 Regular Meeting ........ Aspen City Council December 16, 1985 have brought up. Councilwoman Walls asked how much the school district plans to fund this. Ernemann said he does not know. Ernemann said they would like to explore the demand and determine a reasonable way of doing a cost effective job. Councilwoman Fallin said she does not want to see a 20,000 square foot building out there. Ernemann said it will take 10,000 square feet just to enclose the pool. George Madsen told Council the charge to the applicants was to make the pool usable year round. Councilman Collins said Council should look at accommodating uses in the area, not just the pool. Ernemann said it is not their intention to blow this up into a master plan for the whole area. They will analyze what exists, look at the deficiencies, the positive aspects, the demand, and technical solutions. Ernemann said they will present a range of these issues to Council and the costs for the various items. Councilman Isaac moved to approve phase 1 architectural services contract with the Ernemann Group at a cost not to exceed $5200 and to authorize the ,manager to execute the agreement, the money to come from the contingency fund; seconded by Councilwoman Walls. Mayor Stifling said it is important to meet with the school district to begin discussing their participation financially in this project. Schilling told Council there is no funding from the school district in fiscal year 1986; however, they are willing to look at fiscal year 1987. Clark Stay the said the school district does have the intention of participating in this project. Mayor Stirling said this should be discussed as early as possible. Councilwoman Fallin said the school would like to know how much this is going to cost, and what their portion would be. All in favor, motion carried. W~EBL ER- RATE -I~REASES Bob Murray, Wheeler Director, told Council the Board felt the rate increases should keep up with the increased costs of running the Wheeler. The Board felt this 10 percent was a modest increase. Councilwoman Fallin said during budget session, arts groups requested extra funding because the Wheeler is raising their rates. Councilwoman Fallin asked if the local groups should have a different rate. Murray said there is a separate rate for local non-profit groups; rates for outside groups are at least twice as much and can be negotiated higher. Murray said the Board felt that local groups should not be penalized and should feel comfortable in using the Wheeler. 18 Regu~a~ Meeting ........ -Aspen City Council December 16. 1985 Murray said at first local groups were apprehensive about the Wheeler, but the equipment is already built into the Wheeler and they did not have to rent it. Also, there is additional seating and the Wheeler is popular. Murray told Council anyone who requests only Saturday night should pay higher rates because that precludes a weeks booking. Murray said that was acceptable to most groups. Councilman Isaac moved to approve the increase of rates at the Wheeler; seconded by Councilwoman Fallin. Mayor Stirling said he feels this increase is too high as it is twice the rate of inflations. All in favor, with the exception of Councilman Collins and Mayor Stifling. Motion carried. Sb~PPI~EMENTA~-~PPROpRIATION-FOR~EDt Mayor Stifling said the Ruedi project has come in about $90,000 over budget. Mayor Stifling asked the proposed funding source for this. Assistant City Manager Ron Mitchell said this will be paid out of Ruedi revenues. Mark Fuller told Council all construction costs for Ruedi will be paid before any money will be distributed to the city or county. This will delay distribu- tion until 1987. Mayor Stifling asked Fuller if he is satisfied these are legitimate amounts. Fuller told Council there are two main areas where there were unexpected costs. One is the interconnection costs and the other is the BOR review costs, which together added up to $200,000. Fuller told Council of the change orders costs, 75 percent was directly related to the BOR review costs or further work of General Electric to accomplish the interconnect. Fuller told Council he feels that the interconnection costs were unavoidable. The BOR reviews could not have been anticipated and could not have been avoided. The city either cooperated with the BOR or there was no project. Fuller gave Council an example; he went th rough many conversations with the B OR about the penstocking. The BOR was not satisfied, sent up an inspector, who approved the procedure. The test results were submitted and were disapproved in Denver. Fuller told Council he basically had no negotiating position in this. Councilman Collins moved to approve the supplemental appropria- tion; seconded by Councilwoman Walls. Councilman Isaac said he feels Fuller has done a great job of staying within the cost projections for building a power plant. 19 ~ Regu}ar Mee~ Aspen City Council December 16, 1985 Fuller said no one involved in this project, including the BOR had ever done a project like this before. Councilman Collins said he feels this project is one of the best handled the city has ever been involved in. Councilman Isaac asked what percent of capacity is Ruedi operating. Fuller said they are operating 2 megawatts out of a maximum of 5 megawatts. All in favor, motion carried. REOU~]S~t POR-~3~T~S - International Peace Tree City Manager Schilling pointed out Council has adopted rules precluding adding items to the agenda, and Council needs to vote to suspend the rules. Councilman Isaac moved to suspend the rules; seconded by Council- man Collins. All in favor, motion carried. Jeanne Bascom told Council they need another 25 strings of lights at a cost of $6.00 each. Mayor Stirling moved to allocate no more than $200 to be spent on decorations for the Peace tree, having the city manager determine the appropriate fund; seconded by Councilwoman Fallin. All in ~-~ favor, motion carried. C{)N~EN~ ~j%LENDAR Councilwoman Walls moved to approve the liquor license renewal for the Home Plate; seconded by Councilman Isaac. All in favor, motion carried. M~YOR 'e eOM:~NTS 1. Mayor Stifling reported that the local appraiser cannot do an appraisal on the Yolk property because he has already done one. Assistant City Manager Mitchell said there is a firm in Carbondale that will do this, if Council gives that direction. Mitchell said Mollica has given cornparables for Council to work with. Mayor Stifling he feels the Council has enough information to start working on this project. 2. Mayor Stifling asked Council to direct the city manager to explore the snow removal issue and have a more equitable approach. Right now, businesses on the mall get their snow removed free and perhaps there is a way these businesses could pay the city for snow removal. Bil Dunaway pointed out the city promised the businesses on the mall that the city would remove the snow. Mayor Stifling said he would like to see the history on this. 20 Regular Mee~ci~g~ ....... Aspen-City CounGil December 16, 1985 3. Mayor Stifling reminded Council they have a work session with the Commissioners on January 6 and would like suggested agenda items from Council for that meeting. COUNCI-LMEMBEI~ ~OMMENTS 1. Councilwoman Walls said she has just artended a meeting of the National League of Cities and said the City of Aspen is a very well run city. Councilwoman Walls said things she heard that should be implemented in various departments, Aspen has been doing for years. Mayor Stifling moved to have a special meeting December 30th at 5 p.m. City Hall, first floor; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Walls moved to adjourn at 8:50 p.m.; seconded by Councilman Isaac. All in favor~.tion carried~/~ Kat City Clerk Regular Meeting Aspen City Council December 16, 1985 TABLE OF CONTENTS December 16, 1985 Joint-Meeting with County Commissioners'. 1 1986 Roaring Fork Transit Agency Budget. 1 PROCLAMATIONS 4 ORDINANCE #56, SERIES OF 1985 - Open Meetings Law 4 ORDINANCE #62, SERIES OF 1985 - Flood Plain Control 4 REFERENDUM PETITION 5 WOODSTONE PLAT AMENDMENT 7 GMP ALLOCATION - CRESTAHAUS L-3 9 QUILLEN LOT SPLIT PUBLIC HEARING 10 ORDINANCE #70, SERIES OF 1985 - Liquor License Proximity to Schools 14 RESOLUTION NO. 38, SERIES OF 1985 - Terminating Arthur's Net Ground Lease 15 RESOLUTION #39, SERIES OF 1985 - Towing Contract Renewal 15 M.A.A. HOUSING DIRECTOR PROPOSAL 16 GOLF COURSE SLEIGHRIDE CONTRACT 17 ARCHITECTURE SERVICES CONTRACT - MOORE POOL ENCLOSURE 17 WHEELER RATE INCREASES 18 SUPPLEMENTAL APPROPRIATION FOR RUEDI. 19 REQUEST FOR FUNDS - International Peace Tree 20 22