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HomeMy WebLinkAboutminutes.council.19860113Regular Meeting Aspen Citv Council January 13, 1986 TABLE OF CONTENTS January 13 , 1986 CITIZEN PARTICIPATION 1 ORDINANCE #67, SERIES OF 1985 - Timeshare Amendments 2 ORDINANCE #68, SERIES OF 1985 - Land Use Application Fees 2 QUILLEN RECONSIDERATION 4 ENGINEERING CONTRACT LODGE IMPROVEMENT DISTRICT 4 ORDINANCE #1, SERIES OF 1986 - Baar Street Vacation 7 ORDINANCE #2, SERIES OF 1985 - Employee Housing Code Amendments 9 REQUEST FOR FUNDS - Wheeler Opera House Air Conditioning Study 12 LIQUOR LICENSE HEARING - Club Paradise 13 RESOLUTION #1, SERIES OF 1986 - L-3 GMP Allocation Crestahaus 13 CONVEYANCE OF ARTHUR'S 16 MAINTENANCE FACILITY STUDY 16 WATER RIGHTS REPORT 17 VOLR PROPERTY REPORT 18 REPORT ON CHAMON I X DELEGATION 19 PROPOSED AGENDA_ COUNCIL GOA,~S SESSION 1/17/86 19 CONSENT CALENDAR 19 MAYORS COMMENTS 2 0 22 Regular Meeti.Bg Aspen Citv Council January 13. 1986 Mayor Stirling called the meeting to order at 5:07 with Council members Isaac, Fallin, Walls, and Collins present. CITIZ EN PARTICIPATION 1. Jon Seigle petitioned Council to reverse its decision denying the Quillen subdivision. Seigle said he has until Wednesday January 15 to file a lawsuit. Seigle told Council he was out of town during the hearing and feels this is solvable. Seigle said rather than have to file a lawsuit to preserve his clients rights, if Council would reverse their decision, not approve the application but table it to another meeting because this i s the only Council meeting since the Quillen decision, a lawsuit could be put off Mayor Stirling said there was considerable citizen interest in this application, and it has not been noticed for this meeting. Seigle said he is not asking for approval but only that this be placed in a posture where a 1 aw su i t does not have to be filed and schedule it for future proceedings. City Attorney Taddune said Council would be saying they wil 1 toll the statute of 1 imitations for purposes of filing a lawsuit. Councilman Isaac moved to add this to the agenda as VI (a); seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Motion carried. 2. Andrew Dracopoli, representing the Unicorn Balloon Company, told Council they have been using facilities offered by the parks department at the Rio Grande park to do sunrise launches of their balloons. Dracopoli said they feel this was a success, and they would 1 ike to continue this process. Dracopoli said as a token of their appreciation, they would 1 ike to make a donation of $1,000 to the parks and recreation department. Dracopoli said they use the Rio Grande when it is not being used by anyone else, and they feel the balloon rides are an amenity to the town. Council thanked Dracopoli for the donation and referred a follow up to the city manager's office. 3. Andrew Dracopol i brought up the power outages the city has been experiencing. Dracopoli told Council the building he manages on Cooper Avenue has been experiencing about one power outage a month for the last six months. Dracopoli told Council there are parts of the city that have been experiencing severe probl ems and some businesses have had equipment damage resulting from these outages. Dracopoli said the electric department should put some funding into fixing this problem. City Manager Schilling told Council the previous director of the electric department identified a prel iminary work plan. Schilling said ___ staff is working on this problem; there is a deficiency in the system that causes these probl ems. 1 Regular Meeting Aspen City Council January 13. 1986 4. Suzanne Caskey, representing the Clean Air Advisory Board, said it is not clear how the CAAB should deal with the March ref erendum regarding f fireplaces. It is not clear if the CAAB should act as an advocate, which requires money, or the Council should act as the advocates and the CAAB act as advisors. Mayor Stirling said he is not in favor of government spending money in an advocacy role in political issues. Councilman Collins said it seems an appropriate role for the CAAB to make information available to the electorate, which may require spending some money. Mayor Stirling suggested discussing this during Councilmember Comments. City Attorney Taddune told Council governments are more and more being precluded by the courts from taking advocacy roles in a referendum situation. Taddune said information items are appropriate. Ms. Caskey said the CAAB does not want to sit idle if they are supposed to be doing something, and they feel responsible for educating the public about the ordinance. ORDINANCE #67. SERIES OF 1985 - Timeshare Amendments Steve Burstein, planning office, said these amendments to timesharing allow for inspection trips and change the annual licensing fee structure. Burstein said this ordinance reflects Council desire for changes. A change in the ordinance since first reading makes it clear that inspection of timeshare projects i s specifically not included in the definition of giving of gifts. Mayor Stirling opened the public hearing. Nick McGrath, representing Security Pacific, told Council they support this ordinance. Bil Dunaway asked about the number of units that have to be sold before a unit can close. Burstein said that is a condition of approval rather than part of the timeshare ordinance, and an application has been made to the planning office and should be before Council next month. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #67, Series of 1985, as amended, on second reading; seconded by Counc ilwoman Fall in. Roll call vote; Councilmembers Walls, yes; Collins, no; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #68, SERIES OF 1985 - Land Use Application Fees Mayor Stirling opened the public hearing. 2 Regular Meeting Aspen Cites Council January 13, 1.9.86_ Alan Richman, planning office, pointed out the ordinance has been changed, as requested by Council , to remove the requirement that the fee ordinance be revised every year and that the fees will be addressed as part of the budget process. Richman told Council these fees are the same as those for 1984 and 1985. Richman said a change this year is adding a land use referral fee for environmental health and housing. Staff has expressed an interest in including an engineering department referral fee. Jay Hammond, engineering director, told Council the engineering department serves as a referral agency on land use issues and also works w ith all agencies in public service. Hammond suggested a referral fee for engineering work of minor application 2 hours at $80; major application 5 hours at $200. Hammond told Council he has based these numbers on his 1986 budget and what the referrals actually cost the department. Richman told Council this fee will be collected at one time by the planning office. Councilman Isaac said he agrees with the structure of the developer paying for the services they are receiving so that the taxpayers do not have to pay the cost of development. Richman said this increase is to recapture a cost the city has not tried to recover before. Richman told Council their approved 1986 budget reflects the fees referral for environmental health and housing as revenue. Richman pointed out there are no rebates nor additional billing on referral fees because of their limited size. City Manager Schilling told Council one of the 3 principle ways of cutting cost of government is user fees, to place the cost of service on the users. Schilling said not charging for engineering services is subsidizing the developers in the plan check process. Schilling said most cities charge for these services. Schilling encouraged Council to keep this on a business basis as to what the costs are. Bil Dunaway said when the fees were first adopted, it was understood these fees were covering all the city's costs. This is raising the fees. Assistant City Manager Mitchell said when these fees were first proposed, it was only to cover planning' s costs. Councilwoman Walls said one of Council ' s goals is that developers will have to pay their own way. If the engineering costs are not included in the ordinance, they should be. Councilwoman Walls moved to amend Ordinance #68, Series of 1985, by adding a VI in Section 1 for referral fees - engineering Minor applications 2 hours at $ 80.0 0; Major application 5 hours at $200, and to add "engineering" to #6, Section 3; seconded by Councilman Isaac. All in favor, with the exception of Councilman Coll ins and Mayor Stirling. Motion carried. 3 Regular Meeting Aspen City Council January 13. 198 Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #68, Series of 1985, as amended; seconded by Councilwoman Walls. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Collins, no; Walls, yes; Mayor Stirling, no. Motion carried. QUILLEN RECONSIDERATION Councilwoman Fallin moved to reconsider the denial of the Quillen lot split; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Motion carried. Alan Richman, planning director, told Council they should schedule this far enough ahead to allow for public notice both in the newspaper and to the property owners. Councilman Isaac moved to table this until February 10, 1986; seconded by Councilwoman Fallin. All in favor, motion carried. ENGINEERING CONTRACT LODGE IMPROVEMENT DISTRICT Jay Hammond, engineering director, told Council this is a contract with Schmueser & Associates for engineering and preliminary design of the lodge special improvement district. The landscape architect for the project will be a subcontractor, Winston & Associates of Boulder. This contract will take the lodge improvement to the public hearing for the stage. At that point, if it is decided to go forward, another contract will be issued to get to final design stage. The fees in this contract will be deferred until the district is formed, or if the district is not formed, the city will be responsible to pay off the contract. Hammond told Council the 1 iab it i ty to the city for this contract will be $38,500. Hammond told Council this contract does not include assessment engineering as a separate service. The staff is looking at firms who do assessment engineering. This district is very complex, there are different improvements proposed for different areas of the district. The estimated cost of assessment engineering would be $15,000, and if it is decided assessment engineering is needed, the contract will be brought back to Council for approval. Mayor Stirling said there i s a concern about the ownership of the Aspen Mountain Lodge property. If this district is to go forward, the owner or owners might be different and the previous agreements might not be valid. Hammond said the PUD agreement ties the project to the improvement district and the PUD agreement runs with the property. Now there is a discussion of splitting ownership of 4 Regular Meeting Aspen City Council January 13, 1986 the parcels, which may be a problem. Hammond said i t i s difficult to design around the lodge project, not knowing what will happen there. Hammond said Aspen Mountain Lodge property represents about 20 percent of the improvement district. Hammond told Council since initial discussions about the improvement district, the district has been expanded to include other major lodge and condominium projects, like Aspen Alps, The Gant, the bloodstone, and is now about twice as big as originally presented. Councilman Collins asked if there is a map of the district that has been officially approved. Hammond said staff has an assessor' s map indicating the boundary of the district. Hammond told Council he held a public meeting and open house on December 20, 1985. There were a number of residents from the east end who are concerned about the district, and there is some indication they may want to petition out of the district. Hammond said fringe areas can back out of the district; however, a pocket area within the district cannot be taken out. Hammond told Council there is a task force that has been meeting weekly working on the details of design and contracts. There are representatives of the Lodge project, Little Nell, the Gant, the Aspen Club Lodge, Aspen Alps, and Lee Miller on the task force. Hammond said the task force has been useful in communicating with adjacent property owners. Hammond told Council that Calderwood, who may not want to be in the district, has a homeowner's association and Hammond will make a presentation to them. Hammond said there has been some misconception, that the homeowners would be subsidizing more elaborate improvements in the lodge district. Hammond explained people will only be assessed for improvements directly associated with their property. Hammond said this plan makes the district complicated and there could be four different assessment formulas in the district. Hammond said the Council is sponsoring the improvement district. The Council will decide to form the district by ordinance. At that time, the owners within the district have the ability to petition out. If over 50 percent of the land owners within the district petitions out, a district cannot be formed. Councilman Collins asked how ownership is figured. Hammond said that is tied to the size of one's property, for instance 10 condominium owners on one acre of land wield as much power as a single family resident on one acre of land. Councilwoman Walls said when Council first started talking about a lodge improvement district, it was very simple with basic improvements like curbs, gutters, and sidewalks. Council is looking at a contract which addresses skier access for trails. transit, landscaping, lighting, circulation, etc. Hammond said 5 Reaul ar Meetina _ Aspen Citv Council January 13 . 198 when the task force starting discussing the district, they felt it was important to consider the urban design aspects of the district. Hammond said the district will be molded to the desires of the people within the district. This contract will give staff the ability to respond to any items the residents within the district may desire. Hammond said he wants the design team to be prepared at cover all bases. Mayor Stirling said this is one of the most dilapidated areas in the city. Mayor Stirling said this i s the final step to set the district in motion. Schilling said this is the essential step to get to the point where Council can find out if there is sufficient support from the residents. Mayor Stirling said it is imperative to move to the next step. Council has been working on this for 2 years, and citizens have been appealing to Council for 10 years to get improvements in the lodge areas. Councilman Collins asked where the funds would come if Schmueser has to use independent consultants as referenced in the contract. Hammond said any additional consultants not bound by attachments A and B of this contract, would be by addendum to the contract, which would have to come back to Council . Hammond said he is sure he will have to return to Council for approval of an assessment engineering contract because at the public hearing, the staff will need to have both a formula and an assessment mechanism for the district to present. Hammond told Council in a simple one improvement, one assessment district it is not necessary to have an assessment engineer. This district has a combination of property types as well as a combination of proposed improvements. Councilman Isaac agreed if the city is going to go ahead with the improvement district, they need to take this additional step Councilman Isaac moved to approve the engineering contract with Schmueser for the improvement district; seconded by Councilwoman Fall in. Councilman Coll ins asked if there is going to be any construction in 1986. Hammond said if there is any construction, it will be subgrade related to util ities or storm sewer in the late summer. Councilman Collins said he has supported this improvement district, but he feels there are too many loose ends and there ought to be a fixed cost. Councilman Collins said $22 , 000 of this $38,500 contract is going to the landscape architect and that is a lot of money. Hammond said the city has the ability with their topo mapping to plot rights-of-way and to determine where rights-of-way and easements may be needed. Councilman Coll ins asked where the money to cover this contract is coming from. Mayor Stirling said it will be included in the overall 6 Regul ar Meeting_ Aspen Citv Counc, i~ Januarv 13 . 1986 district bonds, if one is formed. It the district does not go through, it will have to come out of the general fund. All in favor, with the exception of Councilman Coll ins. Motion carried. Bil Dunaway asked what other costs the city faces before the public hearing stage besides the assessment engineer contract. Hammond said before the first public hearing, there will be no other costs. ORDINANCE #1. SERIES OF 1986 -Baar Street Vacation Councilwoman Fall in moved to read Ordinance # 1, Series of 1986; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE # 1 (Series of 1986) AN ORDINANCE VACATING A PORT ION OF THE MEADOWS ROAD RIGHT-OF-WAY CONTAINING APPROXIMATELY 1820 SQUARE FEET ADJACENT TO LOT 1 OF THE BAAR SUBDIVISION, ALL WITHIN THE CITY OF ASPEN, PITRIN COUNTY, COLORADO was read by the city clerk Councilman Isaac moved to adopt Ordinance ~l, Series of 1986, on first reading; seconded by Counc ilwoman Fall in. Steve Burstein, planning office, entered into the record a letter received from George Relly, an adjacent property owner. Burstein said this is an application for a lot split as well as a street vacation. Burstein showed on the map the existing and proposed right-of-way. The applicant is requesting vacation of a 12 foot strip. The planning office recommends the vacation be approved. There is some uncertainty about what is going on on the east side of the road. There are some property disputes on the east side as well as the point there is not enough property for a 60 foot right-of-way on the east side. Burstein told Council there are many trees on the Baar property as well as on the entire westerly alignment, and the staff does not feel it likely that the Meadows road will be widened to the west. Burstein said the engineering department has requested that an easement be placed on the 12 foot strip. Burstein said staff feels the vacation allows for the most advantageous placement of a house, should the lot split be approved. Burstein pointed out without this vacation the lot split is still possible. The applicant has more than 30,000 square feet that he can configure two lots without the vacated property. Burstein 7 R,~aular Meeting Aspen City Council January 13. 1986 said the zoning code prohibits using a vacated parcel to constitute new development rights and the vacated parcel is exempt from the calculation of FAR. Burstein said staff feels it is reasonable for compensation to be given for the property and suggested Council consider adding this to the ordinance as an inducement for the vacation. Hal Clark, representing the applicant, told Council Mr. Baar could have split this into 3 lots in 1966, but did not. The applicant can build 3,000 square feet more on lot 1 by merely getting a building permit. Baar would prefer to have a lot split and sell the separate lot. The reason for the vacation request is the setback. The setback is 30 feet, it is measured from the right- of-way. Without the vacation, it will be difficult to configure a house on the new lot. Clark told Council they feel it was unfair to take the entire 30 feet for the right-of-way from Mr. Baar in 1966 as it was measured from the side of the road. Normally the 30 feet is measured from the centerline of a road. Clark said what they are requesting is a partial vacation of the 30 foot right-of-way given by Mr. Baar. Clark said there are approximately 75 cottonwood trees in the extra 12 feet and all the utilities are located in the remaining 18 feet that the city would retain. Clark said he feels there is very little chance for the city to relocate the road in this area. Clark requested the city vacate this 12 feet, not ask for the easement. Clark disagreed with the compensation request; the city's procedures do not mention anything about compensation. Lennie Oates, representing the applicant, said in looking at the original plat of the Baar subdivision, there is a question whether the land the applicant is asking to be vacated was ever dedicated to the city. Oates said there is an argument that what they are asking for is already Mr. Baar's property. Oates showed a plat from the original subdivision and pointed out what was given was not identified on the plat. Mayor Stirling said the presumption is that this land is the city's territory. Oates told Council the state statute regulating public roads does not make any provision to the paying of compensation nor does it make any provision for the reservation of an easement except for existing utilities. Oates said the state statutes say a city or municipality may vacate a road but may only do it in accordance with the state statutes and the provision of a city charter. Oates said the city's Charter does not address street vacations. Clark said the applicant feels this request is to get back land he dedicated to the city inappropriately in 1966. Clark said the applicant does not agree with giving the city an easement. Mayor Stirling said he is not an advocate for the city vacating its property. Mayor Stirling said the public has enjoyed this right- 8 ReQular_ Meetincr Aspen Citv Council Januarv _13, __1986 of-way for 20 years. Mayor Stirling said the purpose of setbacks is to keep properties from being overdeveloped. Mayor Stirling said he does not feel this vacation gives the general public a specific benefit. Clark said the city has 42 feet right-of-way, and in giving the applicant 12 feet the city will still maintain their 30 foot right-of-way. Clark said this particular situation is very unfair to this applicant. Curt Baar said he has 40 , 000 square feet in an R-15 zone, and there is no other property around that is this large. Baar said it is nice to have open space but he cannot afford to keep it open any longer. Baar told Council he gave this land away in 1966 without knowing what he was doing. Councilman Collins asked if the applicant could get a variance. Clark said he felt the vacation was the more straightforward way to go; Baar gave the land away and he created the hardship. Clark said they feel the city has more right-of-way than they need and the city will not use it, and it is unfair. Clark pointed out other property owners in this area were not asked to give this type of right-of-way. Councilman Isaac said he feels the city has adequate room with the 18 feet right-of-way here. Roll call vote; Council members Coll ins, yes; Walls, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #2, SERIES OF 1985 - Employee Housing Code Amendments Councilwoman Fallin moved to read Ordinance #2, Series of 1986; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #2 (Series of 1986) AN ORDINANCE OF THE ASPEN CITY COUNCIL REPEALING SECTION 24-11.4 (b) (5) , 24-11.5 (b) (4) AND 24- 11. 6 (b) (4) (bb) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, WITH RESPECT TO THE AWARD OF POINTS FOR CONVERTING EXISTING UNITS TO DEED RESTRICTED STATUS; AND REPEALING AND RE-ENACTING SECTIONS 24- 11. 10 (d) , 24-11.10 (e) AND 24-11.4 (b) (4) (bb) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO CLARIFY VARIOUS PROVISIONS WITH RESPECT TO EMPLOYEE HOUSING was read by the city clerk Councilman Isaac moved to adopt Ordinance #2, Series of 1986, on first reading; seconded by Councilwoman Fallin. Alan Richman, planning director, told Council two of these code amendments were initiated by Council in October 1985. These are repeal of points for conversion of existing units to deed 9 Reaul ar Meetina Aspen__C~ tv Council Januarv 13 . 1986 restricted status and to provide a cash-in-lieu option for providing for employee housing. The other amendments have arisen from administering the employee housing system and are supported by the staff. Richman said the option of conversion of existing units should be continued. It is an incentive to upgrade units and does not cause growth. However, there should not be extra points awarded for conversion. Richman said the second amendment deals with off-site housing. Richman said there have been problems with vagueness, applicants not even having an option on property. This makes it difficult for the housing authority to review a proposal. The amendment in the ordinance says "Applicants proposing to provide employee housing on an alternative site shall be required to demonstrate the feasibility of their proposal through having an interest in the property and/or units and by specifying the size and type of units to be provided, and the level of upgrade to be accomplished". Council agreed with this amendment. Richman pointed out another recommendation is that there is an over-emphasis in the residential scoring system on employee housing. Richman noted that more than half the points in the residential scoring system come from employee housing, which means for an applicant to be competitive they have to go above and beyond the minimum thresholds that have been set for housing. Richman said under the current scoring system, a project could get an allocation that does not even mitigate its service impacts. Richman recommended reducing the amount of points for employee housing in residential scoring from 40 to 20 points, about 38$ of the total points. This would bring residential scoring in line with the other competitions and would provide developers the incentive to spend their money on design and services rather than on employee housing. Richman told Council under the current Code, FAR bonuses are being given in the downtown area and the city receives nothing in return. Richman said he has a problem with the community giving extra density and not getting anything in return. Richman recommended that the FAR bonus be eliminated in CC, C-1, Office, and L-1/L-2. Richman has a replacement program; however, it is not included in this ordinance. The concept is if one is given a FAR bonus, the city should get something they need in return. Richman recommended money towards a transportation program, like parking or a downtown shuttle. P & Z suggested waiting until the city receives the transportation element of the land use plan before implementing this plan. Richman said if the city is going to have a fund, they should have a plan to back it up. P & Z has recommended that if an applicant is providing housing off-site, they not be awarded an FAR bonus. If an applicant is providing housing on-site, they should be eligible for the FAR bonus. P & 10 Requl ar Meetinct Asnen Citv Council Janua~rv_ 13 , 1986 Z feels it is appropriate to have that type of mix in the downtown area. Richman told Council the fifth proposed Code amendment was not adopted by the P & Z, and is not included in the ordinance. Richman said the planning office and housing authority both feel very strongly that the cash-in-1 ieu option should be added. Richman said cash-in-lieu provides an option not something that has to be accepted. Richman said this puts Council in more of a leadership role in housing. The employee housing guidelines provide a certain price for rental or sales of a unit. That price is substantially less in the market than it costs to create the units. The difference between the housing price guidelines and what it would cost to build the unit is the cash-in-lieu price. The applicant would pay the cash-i n-1 ie u and put the public sector in a position to build employee housing, either rentals or sales, and come out even. Richman included language in the memorandum which could be included in the Code and in the employee housing guidelines. Richman told Council the dollar values would not be included in the Code as they may change annually, like the employee housing price guidelines. Councilman Isaac said the problem he has with the cash-in-lieu concept is that it puts government in the position of having to build and maintain employee housing. Richman said that is one of the reasons the P & Z recommended against it. The other reason P & Z voted against this is that it is conceivable an employee project could come on 1 ine after the free market and the impacts of growth might not be met in a timely fashion. Councilwoman Fallin said she would like to see this added as another employee housing option. Jim Adamski said cash-in-lieu gives Council a proactive posture in housing. Adamski said government is in every bit of housing in one form or another. Adamski said cash- in-lieu gives the developer an option to meet the needs of the community at the time of his application. This gives the city more flexibility, like an innovative financing program. Councilwoman Walls said Council has been talking for years about providing housing for the seasonal employees and no one has provided that type of housing. Councilwoman Walls said this concept may be one way to get dormitory-type housing. Councilwoman Walls moved to amend Ordinance # 2, Series of 1986 , to add cash-in-lieu as section 5; seconded by Councilwoman Fallin. Mayor Stirling said he is not enthusiastic about getting government into the housing business. Mayor Stirling said he would rather see the money retained in the private sector. Gideon Raufman said when the GMP was adopted, the only thing the city cared about was getting employee housing. Raufman said now 11 Regular Meeting Aspen Citv Council Januarv 13L 198 there are different types of employee housing that are needed. Kaufman said cash-in-lieu gives the city the flexibility to select which types of housing are needed. Councilman Isaac said he feels the flexibility aspect could also be a negative aspect. Adamski said this option would give Council the ability to address needs that can never be addressed by the private sector, like senior housing and dormitories. All in favor, with the exception of Councilmembers Collins and Isaac. Motion carried. Roll call vote; Councilmembers Collins, yes; Isaac, no; Fallin, yes; Walls, yes; Mayor Stirling, yes. Motion carried. MINUTES Councilman Isaac moved to approve the minutes of December 2, 9, 16, 30, 1985; seconded by Counc ilwoman Walls. All in favor, motion carried. REQUEST FOR FUNDS -Wheeler Opera House Air Conditioning Study Mayor Stirling asked why a study is needed when the Wheeler has had engineering groups come in. Mayor Stirling said it appear s that all that is needed is to go to bids. Bob Murray said this study is needed to make sure the Wheeler can afford to do thi s and to make sure the Wheeler does not need to be closed for a long time. Murray said before the Wheeler was finished, he brought up that the air ventilation system may not be adequate because of the additional theatrical lighting and the crowds. Murray said the RMH group will do a study and come up with two alternatives, air conditioning or air cooling, with costs and downtime for each system. Murray said they must study if these systems would hurt the acoustics of the Wheeler. Murray told Council one of the problems is this is the one set of "as-builts" that do not exist. Murray said the air conditioning was cut from the original Wheeler budget. Murray said they need more information before this project is started. Councilman Collins said he feels the firm of Potapa Mancini, the original mechanical engineer, would be able to provide the information much more quickly. Murray told Council their number one capital priority for the Wheeler is the roofing~ather than air conditioning. Murray said several individuals and groups have told the Wheeler Board that they will help finance the air conditioning if the Council will help get to the next stage. Mayor Stirling asked why the Wheeler Board is requesting $4,000. Murray said that would be an absolute limit, including travel 12 Regular Meeting Aspen City Council ,~~nuarv 13 f 1986 time, expenses, etc. Murray said the $4, 000 would cover the two alternatives, air cooling and air conditioning, from the same group. Murray said the reason the air ventilation system does not work is the western exposure, the building retains heat, and the intense lighting system. Murray said the study may find that air cooling i s much more economical to run. Councilman Collins said that Potopa did the work, and he should be asked to come out and look at this. Murray said he would be willing to ask Potopa if he would come out here and do this study. Mayor Stirling moved to allocate out of the 1986 contingency fund a ceiling of $3,000 for the research to be done in order to determine the type of air cooling system and the preliminary studies related to this, and secondly the Wheeler Board seek more information, before granting this work to anyone, from the potopa group; seconded by Councilwoman Walls. Councilman Isaac said he would like to amend the motion to include a staff member to oversee this work. City Manager Schilling agreed that the Wheeler Board should not be soliciting bids. Schilling said using the original mechanical engineering firm may get a lot more information for less money. Mayor Stirling amended his motion to include that Murray work with Jay Hammond, city engineer, on this project; seconded by Councilwoman Walls. All in favor, motion carried. L IQUOR LICENSE HEARING - Club Paradise Mayor Stirling opened the public hearing. City C1 erk Koch reported the file, posting and publication to be in order. John Gilmore, applicant, told Council this request is for a 3-way 1 iquor license to be located at 450 South Galena. This space has had a liquor license over the last 10 years but has been inactive for 2 years. Gilmore told Council he plans to operate a high class night club with live entertainment. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed the public hearing. Councilman Isaac moved that based on the evidence presented at the public hearing relating to the application of John Gilmore for a hotel and restaurant liquor license, the City Council finds that the needs of the community have not been met and the 1 icense as applied for is hereby granted; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #1, SERIES OF 1986 - L-3 GMP Allocation Crestahaus (Councilman Coll ins left Chamber due to conflict of interest) . 13 Reaul ar Meeting Aspen City Council Januarv 13, 1986 Councilwoman Walls moved to adopt Resolution #1, Series of 1986; seconded by Councilwoman Fallin. Steve Burstein, planning office, told Council this resolution contains the representations made by the applicant in hi s application as well as conditions of approval by the P & Z. Council approved this allocation at their December 16, 1985, meeting. Gideon Raufman, representing the applicant, told Council he would like to discuss some of the conditions. Number 1 states "the drainage system shall be designed and constructed to absolutely eliminate the possibility of any increase in runoff to adjacent properties". Raufman said they would prefer the condition to state "will not increase groundwater problems on adjacent sites. " Raufman said the important issue is that this will not increase groundwater problems, and the condition as stated will allow no flexibility. Raufman said in condition #2 about the engineering report states that the applicant "agrees to comply with the findings of the study". Raufman said the original engineering report stated there will be no significant impact on traffic flows on highway 82. The planning off ice objected to this, and Kaufman said the applicant said they would be happy to implement a study. Kaufman objected to agreeing to comply with a study because they have no idea what the study will find. Raufman said the applicant is willing to discuss with the engineering department any reasonable findings of the study. Mayor Stirling suggested changing the 1 anguage to "and implement any reasonable findings from that study ". Raufman read to Council from the pl anning office memorandum of November 5, 1985, "the applicant shall present an engineering report with respect to improving the intersection site distance ". It does not say anything about agreeing to comply with the study. Mayor Stirl ing said the language should be the same as approved by P & Z. Kaufman said condition number 6 states the dormitory employee unit shall be deed-restricted to low income employee housing guidelines. Raufman said they would be willing to charge the rents of low income guidelines but the key is to be able to have employees of the lodge living in this unit even though they may make more than the 1 ow income guidelines. Raufman requested thi s be amended to include "and employees of the lodge be allowed to live in the units". Mayor Stirling said that seems to be reasonable. Raufman said condition #7 should read 3 feet lower than allowable under zoning requirements rather than 6 feet. Helen Rlanderud, adjacent property owner, told Council she agrees with the change in condition # 1 because the probl ems have been more groundwater. Ms. Rlanderud asked what is the clout in the second condition 14 Regul ar Meetin-q Aspen City Council January 13 , 1986 about what is practical. Ms. Klanderud said there is concern about the site distance and traffic flow in this area, particularly with the increase in parking at the Crestahaus. Ms. Rlanderud said in terms of a formal process of the neighbors being included in a condition like #2, how do they get included. Mayor Stirling said the neighbors will have to rely on the engineering staff. Ms. Rlanderud said the condition about landscaping does not have a deadline. Kaufman said if the project is completed in January or February, the landscaping cannot be started at that time. Mayor Stirling suggested adding the plan be implemented within a reasonable amount of time not to exceed one year after the issuance of a c/o. Mayor Stirling moved to amend Resolution #l, Series of 1986, condition #1 change to groundwater, condition #2 comply with practical findings of the study, condition #4 to be completed within a year after c/o; condition #6 allowing employees of the lodge to live in the employee units, and change 6 feet to 3 feet in condition #7; seconded by Councilwoman Fallin. City Attorney Taddune said Council is conditioning the GMP award to these 8 conditions, and the applicant should agree that performance of these items are entwined with the award of the GMP allotment. Taddune said this should be added to Section 1, a s conditional upon fulfillment of the representations set forth hereinabove. Kaufman said he has a probl em with that because condition #3 may never happen. The applicant is supposed to contribute money for construction of a bike path when the city decides where to build the path. Kaufman said it is not fair to tie the GMP allotment to something that may never happen. Kaufman objected to this because if the applicant does everything they have been requested to do and 10 years from now there is a dispute over condition #3, what happens to the lodge. Councilwoman Walls suggested that the $4, 000 be collected now. Taddune suggested contribution at the time of the building permit, the city would put this in an interest bearing account, and if the bike path is not constructed, the money will be returned. Mayor Stirling amended the motion to add language this money will be deposited into an interest bearing account in order to fulfill the GMP allotment, and if not used within 10 years the pr incipl e sum plus all interest will be returned and add to Section 1 that this is conditioned upon the fulfillment of these 8 conditions; seconded by Councilwoman Fallin. Councilwoman Walls asked why the bicycle path cannot be buil t when this lodge is torn up for construction. Kaufman said there 15 Regular Meeting Asper Citv Council Januarv 13,E 1986 is a conflict between the engineering department, planning office, and highway department as to whether this is a desirable thing to happen. All in favor, motion carried. All in favor, motion carried. CONVEYANCE OF ARTHUR' S City Attorney Taddune told Council David Z gagman filed a lien against Arthur's. Taddune told Council he has prepared a quit claim deed to go to the present owners upon payment to the city of $24,000 plus the outstanding arrearages, which are $5,000. The owners are objecting to payment of the $5,000 since they have brought the lease current twice and the building has been vacant for 8 months. Taddune said the 1 ien is filed against municipally owned property, and Taddune is designated as the contracting party for $80,000 involving some construction agreement Zaagman had with the Cantrups. Mayor Stirling said this does not affect what the city is trying to accomplish. MAINTENANCE FACILITY STUDY Mayor Stirling said the city knows the sites possible for the maintenance facility, the current site or the sanitation district site. Assistant City Manager Mitchell told Council the sanitation district plans to build a facility on their property. Jay Hammond is at their meeting investigating the possibility of a joint facility for the city's operation center. Mitchell said when the joint maintenance facility study was done, it did not answer the question what size facility the city needs. Council has $750,000 in the capital improvement program to build a maintenance facility. Mitchell said the city needs this information to move ahead to determine the size of the facility, any other possible locations. The city needs to have an operations service center to operate. Mayor Stirling said it is important to know what the sanitation district says about sharing a facility. Mitchell said the city needs the information from this study no matter where the facility will be located. Councilman Isaac moved to allocate up to $4,000 for a maintenance facility study; seconded by Councilman Collins. Mayor Stirling said the only two possibilities are the cur rent site and the sanitation district site. Mitchell said if the current site is only 50 per cent of the needed operations facility, Council needs to know that. Councilman Isaac said there is the probl em with the F. A. A. as well as the fact that the present facility is inadequate. Helen Klanderud said the 16 Regular Meeting - Aspen City Council January 13 . 1986 sanitation district should be included in the joint maintenance facility. Mitchell said the sanitation district plans more of an operation center than maintenance facility. Councilman Isaac in favor, everyone else opposed. Motion NOT carried. Mayor Stirling said the city is proceeding to write the F. A. A. and the city and county met with Congressman Strang and appealed to him to help the city and county delaying getting pressure off the county from the F. A. A, for removing the maintenance facility. Mayor Stirling said the city, at this point, is concentrating on their own operations center. Mitchell said this study has to be done before anything can be done on the operations center. Mayor Stirling suggested this be done when Council approves the 5 year capital improvement program. WATER RIGHTS RESORT John Musick, city's water counsel, told Council the work on the Hunter Creek minimum stream flow preservation is mostly complete. This work was part of a larger program of preserving minimum stream flows and acquiring water rights on the Roaring Fork, Frying Pan and Ruedi reservoir. Musick filed two separate actions on Hunter Creek; one to change the city's 16 cf s municipal water right on Hunter Creek to minimum stream flow and all other municipal purposes. This decree was awarded, which means the city can call for is water at any time it wants for municipal purposes or 1 eave it in the stream for minimum stream flow purposes. Musick told Council the city has a 1 icense with the Colorado Water Conservation Board, and it was through their auspices this decree was made possible. Musick said he received a decree transferring the city's 1/2 second foot of Red Mountain water to the same purposes, municipal all beneficial uses and minimum stream flow. The Water Conservation Board secured a decree of 14 cf s of minimum stream flow on Hunter Creek as well. There is one decree which has not been completed, to change the McCullough water rights. These water rights were transferred from McCullough to the Forest Service to the Water Conservation Board. Musick told Council it appears the Frying Pan/Arkansas project has diverted more than their allocation on a 10 year running average. Musick told Council in dry years, the Council will be able to call for their water and keep the stream al ive. Thi s will also keep the decrees not subject to abandonment. City Manager Schilling asked the mechanism for enforcement for calling the city's water. Musick said the city could contact the water commissioner for this district or the BOR in Pueblo and tell them 17 Regular Meeting -___ _ _P~~~aen Citv Council Janu~rv 13, 186 to bypass water from the Hunter Creek facility. Musick said the BOR has this all electronically controlled and they will honor the call very quickly. Musick told Council to own water rights, one has to be aware of their rights and exercise them. VQLK PROPERTY REPORT (Councilwoman Fallin left the room due to conflict of interest) . Assistant ~ City Manager Mitchell reminded Council they has asked staff to look at some comparabl es. Staff determined based on these comparables the Volk property value at a minimum is $500,000. Mitchell said staff determined the owner of the property is not a w ill ing seller, and if Council wants to pursue this, it will have to be done based on eminent domain or condemnation. Mitchell said the staff has not obtained a full appraisal . Stacy Standley told Council citizens continue to be enthusiastic about the city purchasing this property and urged Council not to close the doors on buy ing the property. Standley said they plan to circulate petitions to show community support to give Council the strength they need to make a positive decision on purchasing the property. Standley suggested Council could put this on the March ballot by resolution as an information ballot item rather than a binding ballot item. Mayor Stirling said he has been skeptical about this because of the cost, and the city faces many potential open space purchases. Mayor Stirling said later there will be a report on the land Mrs. Paepcke has just donated down by A. C. E. S. Mayor Stirling said beside purchase cost for this parcel, there are development and maintenance costs. Mayor Stirling said the city is faced with maintenance problems on already purchased open space. Council is considering changing the 75/25 ordinance to get more money for maintenance. Mayor Stirling said he has called people who have indicated support for this purchase, and half of them did not know it would cost as much as it does. Mitchell told Council has allocated $650, 000 in 1986 for open space acquisition. Purchase of the Volk property would use up a 1 arge piece of that. Standley said Council has a mechanism with the election in March, and land purchases have always been a high priority in the community. If the community interest is there, that should be guidelines for Council to operate on. Councilman Coll ins moved to direct staff to prepare draft language on this for a ballot question March 18; seconded by Councilman Isaac. City Manager Schilling told Council if they do decide to take this to the electorate, Council should be in a position to tell 18 Regular Meeting Aspen Cit. Council January 13, 1986 the voters what this would cost. Schilling said he feels it would be desirable to have an appraisal on this property. Schilling said the loss of revenues and taxes must al so be looked at. Mayor Stirling said staff should also address the cost of an appraisal at the next meeting. All in favor, with the exception of Councilwoman Walls. Motion carried. REPORT ON C~iAMON IX DELEGATION Mayor Stirling said the Mayor of Chamonix and the director of tourism are arriving in Aspen tomorrow in relation to the idea of international partnership. Mayor Stirling told Council Chamonix is already a sister city with Garmisch-Partenkirchen, as is Aspen, so this seems a logical step. There is a reception January 14 at the Wheeler sponsored by the ARA. January 16th at 3 at the Institute will be a discussion of what will be involved in the affiliation, what would be possible out of this. Friday January 17 at 7:30 p. m. there will be a dinner at the Hotel Jerome sponsored by the Jerome and Council. Councilman Isaac asked when Council approved the funding for this dinner. Mayor Stirling suggested this come out of Council's 1986 budget. Councilman Isaac objected to arranging the dinner without Council voting on the allocation. Mayor Stirling said this agenda was put together since the last Council meeting. Mayor Stirling moved to approve an allocation out of Council's 1986 budget to co-sponsor a dinner to welcome the Chamonix delegation to cover half the cost of the dinner; seconded by Councilwoman Fall in. All in favor, with the exception of Councilman Isaac. Motion carried. PROPOSED AGENDA COUNCIL GOALS SESSION 1/17 86 Mayor Stirling said he would like to add the preservation issue, making the entire town a historic overlay, air quality issues, drug use in the community, capital improvement program and continued evaluation on personnel on this agenda. Mayor Stirling said he and the city manager will work off the list from the last goals session. CONSENT CALENDAR Councilwoman Walls moved to approve the by Councilman Collins. All in favor consent calendar is a) liquor license Hotel Lenado; b) 1 iq uor 1 icense transfer c) Special Event Permit - Rugby Cl ub. consent agenda; seconded motion carried. The renewals - The Soupe r ; - Town & Country Lodge; 19 Regular MeetiBg l As~e~ City Council January 13, 1986 ORS COMMEN 1. Mayor Stirling said the Council needs to have a capital improvement work session as soon as possible. January 20th, Council is meeting at City Hall on the code simplification report from the task force. February 3 at 5 p. m. is a work session with the Hotel Jerome about proposed changes to their PUD on recommendations from the Department of the Interior. February 17 Council is meeting with the Commissioners on a follow up on water issues. January 29 at 5 p. m. Council will be meeting with the architects on city hall at city hall . Council scheduled a meeting with the fire district Board January 20 at 4 p. m. 2. Mayor Stirling told Council he has met with the city manager on air quality in Aspen and would like the manager to come in two weeks with a full program about air quality, what could be done and what a program like this would cost with an emphasis on working with the community. Mayor Stirling suggested in the discussion at the next meeting, Council should discuss the role of the CAAB in the election. Councilman Isaac said the CAAB brought the ordinance to Council, and they should have the right and obligation to go out and get support for the ordinance. Councilman Isaac suggested CAAB members could solicit funds but it is not fair for taxpayers to pay for this. City Attorney Taddune said informational items are appropriate but there are some cases that preclude taking an advocacy position and spending taxpayers money in referendum issues. Suzanne Caskey, representing CAAB, said the Board does not feel comf ortable setting out on their own. Mayor Stirling suggested putting this on the next agenda and having the CAAB discuss what their appropriate role should be. Ms. Caskey said the CAAB is looking to the Council for leadership to decide what strategy should be taken to defend this ordinance that was passed by Council . Mayor Stirling moved that the Council do nothing in relation to advocating for or against the ordinance at the March 18 , 19 86, election. Motion DIES for 1 ack of a second. Counc ilman Coll ins said in the past the city has financed informational material. To be consistent with that policy, some funds should be made available to get the information out from the environmental health department to the electorate. Counc ilwoman Walls said Counc it has taken a stand for thi s ordinance by passing it and voting not to repeal it. Taddune told Council he would have a report for them in two weeks about what can and cannot be done in terms of campaign expenditures. 20 Regular Meeting _- Aspen Citv Council Januarv 13, 1986 Mayor Stirling moved to direct the city attorney to disperse information on this topic and schedule it on the January 27 agenda; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling moved to direct the city manager to bring as soon as possible in concert with the environmental health department information on a voluntary program regarding air quality, and involving the CRAB and community at large; seconded by Councilman Isaac. All in favor, motion carried. 3. Mayor Stirling told Council Mrs. Paepcke has donated another parcel down by A. C. E. S. and would like a demonstration so that Council can make open space decisions. Mayor Stirling moved to suspend the rules to go past 9 p. m. ; seconded by Councilman Isaac. Councilman Isaac and Mayor Stirling in favor ; Councilmember s Walls, Fallin and Collins opposed. Motion NOT carried. Tom Cardamone, A. C. E. S director, showed Council the 3/4 acres property given in 1985 and the proposed 3/4 acre gift in 1986. Councilwoman Walls moved to adjourn at 9: 06 p. m. ; seconded by Councilwoman Fallin. All in favor, motion carried. -~ ~ ~__.__ .__~T ~~ Rathryn S Roch, City Clerk 21