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HomeMy WebLinkAboutminutes.council.19860210Regular Meeting Ashen City Council February 10, 1986 CITIZEN COMMENTS 1 ORDINANCE #5, SERIES OF 1985 - Woodburning Amendments 1 ORDINANCE #l, 1986 - Street Vacation Baar 3 BAAR LOT SPLIT 5 ORDINANCE #2, SERIES OF 1986 - Employee Housing Code Amendments 5 ORDINANCE #3, SERIES OF 1986 - Setting Election Precincts 7 ORDINANCE #4, SERIES OF 1986 - Building Code Fees 7 QUILLEN LOT SPLIT PUBLIC HEARING 7 SCHOOL DISTRICT WAIVER OF WATER TAP FEES 9 AIR QUALITY VOLUNTARY PROGRAM 9 VOL K PROPERTY REPORT 12 CONVEYANCE OF ARTHUR' S 14 LIQUOR LICENSE HEARING - Ohl & DeVack 14 ORDINANCE #6, SERIES OF 1986 - Edel Street Vacation 14 BAN ON SALE OF TRAPPED FURS 15 PROSPECTOR TIMESHARE AMENDMENT 15 ORDINANCE #8, SERIES OF 1986 - Lot Split Amendment 16 ORDINANCE #7, SERIES OF 1986 - Transfer of Assets to RFTA 17 MAINTENANCE FACILITY STUDY 17 REQUEST FOR GOLF PASSES FOR BALLET ASPEN 17 BOARDS AND COMMISSION APPOINTMENTS 18 REPORT ON SALE/LEASE BACK OF CITY HALL 18 CONSENT CALENDAR 19 21 Regular Meeting As ep n Ci~,v Council February 10. 1986 Mayor Stirling called the meeting to order at 5:05 p. m. with Councilmembers Walls, Isaac and Fallin present. ~ITIZ EN COMMENTS 1. Joan Bain, representing Ballet Aspen, told Council they thought they were going to be on the agenda. They would like to request a golf pass to auction off at their fund raiser this week. Ms. Bain said the Ballet Aspen desperately needs the money. Councilwoman Walls said Council has made rules not to add items to the agenda, and if Council is going to make rules they should follow them. Assistant City Manager Mitchell told Council over the last couple of years Council has decided to consider requests for golf passes during budget time. Ms. Bain said this fund raiser was planned at the last minute. Mayor Stirling moved to waive the rules and consider this request at the end of the agenda; seconded by Councilman Isaac. All in favor, with the exception of Councilwoman Walls. Motion carried. 2. Craig Ward, Nordic Council , told Council he has met with the staff and the owner of the Sawmill property. The proposed purchaser of the Sawmill property wants to give a trail easement to the city. There are some conditions about maintenance, parking, trail and bridge use. Ward said everyone feels these conditions can be met; however, the purchaser wants these spelled out and would 1 ike to see some preliminary designs for the trail and bridge prior to the purchase. Ward said in the near future he will have a method of providing the trail and bridge. 3. Craig Ward said there that may be allocated for Volk property. Ward told made cash contributions t the petitions to purchase not aware of any potentia like to remove their names is a potential conflict between monies the bridge and for the purchase of the Council there are 41 people that have o the Nordic Council that have signed the Volk property. These people were 1 conflict between the two and would from the petitions. ORDINANCE #5. SERIES OF 1985 - Woodburning Amendments Tom Dunlop, environmental health department, told Council staff has met with the petitioners' committee since the last meting and have presented two options of the ordinance for Council. Option 1 is that each building can have one dirty and one certified device. This option is recommended by staff and the Clean Air Advisory Board. Option 2 specifically addresses duplexes and al 1 ow s them to have one dirty and two certified clean burning devices determined by the square footage of the duplex. Dunlop said the intent in option 2 is to address employee or caretaker units. 1 Rggular Meeting Aspen Citv Council February 10, 1986 Dunlop said option 1 streamlines the operation of enforcing the ordinance. Option 2 would provide a third solid fuel burning device for duplexes. Dunlop said his office has been told by the Colorado Department of Health that woodbu rning i s not necessarily cheaper than heating with other sources. Dunlop told Council in option 2 if the duplex units were less than 1,000 square feet, they could have one clean burning units. If the units are larger than 1, 000 square feet they could have two dirty burning devices and two clean devices. City Attorney Taddune pointed out the ordinance has been amended since first reading to include definition of board, buildings, and certified devices. Mayor Stirl ing opened the public hearing. Sally Roach, petitioners' committee, said they prefer option 2. Councilman Isaac asked what the county law allows. Lee Cassin, environmental health department, told Council the county law allows one fireplace per side if the units are over 2,000 square feet and an unlimited number of certified devices. Ms. Roach said the petitioners' committee feel that duplexes were clearly addressed by Council at first reading and option 1 does not deal with duplexes clearly. Suzanne Caskey, CAAB, said with option 2 Council may have to answer to owners of multi-family buildings why they can only have two devices and a duplex could have four. Ms. Caskey said the community has a problem with air quality and adding any more dirty devices is adding to an existing problem. Ms. Roach said that fireplaces are only 30 percent of the problem. Ms. Caskey said the other 70 per cent is not highly toxic like f fireplace smoke is. Mayor Stirling closed the public hearing. Councilman Isaac said he would like to prohibit burning of coal except with special permission of the Clean Air Advisory Board. Ms. Cassin said the environmental heal th department has a 1 i st of people allowed to burn coal under the old law, and there are 15 in the entire county. Dunlop said there is a possibility in the future that coal burning devices may be certified. Ms. Roach pointed out one reason to leave the size of duplexes at 1, 00 square feet is that lots in the city are smaller than those in the county. Councilman Isaac moved to adopt Ordinance #5, Series of 1985, option 2 as amended; seconded by Councilwoman Fallin. Councilwoman Walls moved to amend Ordinance #5, Section 3 (a) (2 ) to change the size of a duplex to 2, 000 square feet to be in conformity with the county; seconded by Councilwoman Fallin. 2 Reaul_ar Me~ti~a_ Asuen Citv Council F~br_ua-rat 10, 1986 Councilwoman Walls said the city trying to put a 1 imit on fireplaces. Jim Wilson, building department, told Council the average size of a duplex currently being built is about 6, 000 square feet. Ramona Markalunas told Council the petitioners' committee has agreed to option 2, and this amendment constitutes a substantial change. Ms. Markalunas said this amendment would have to go back for approval. Councilmembers Fallin and Walls in favor; Councilman Isaac and Mayor Stirling opposed. Motion NOT carried. Councilwoman Walls said the air quality will not improve unless there is a strong volunteer program. Ms. Roach told Council they have met with the ARA and lodge and condominium owners and are working on programs, and hope to get more involved. Ms. Roach said the petitioners' committee has a letter to withdraw their petition for a referendum election if option 2 is adopted as a compromise to their objections to Ordinance #47, 1985. Ms. Roach said that option 1 is inconsistent with what was adopted on first reading. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Walls, no; Mayor Stirling, yes. Motion carried. ORDINANCE #1.- 1986 - Street Vacation Baar Steve Burstein told Council there are two separate issues; one is the second reading of the ordinance for a street vacation, the other is the lot split. The information on the lot split did not get into the packet. Steve Burstein told Council this is a request for vacation of a 12 foot strip of street of 30 feet that Baar dedicated to the city in the original subdivision. This is a total of 1800 square feet of property. Burstein told Council the staff has suggested some compensation for this land of fair market value. Burstein said this is a unique case. The city does not need this right-of-way because there is an adequate amount without it. Burstein pointed out Baar had dedicated this to the city 20 years ago. Burstein told Council Baar has the right to a lot split without this street vacation. The requests are inter-related because the street vacation affects the configuration of the lots. Burstein said one of the adjacent property owners feels his views may be effected; however, with appropriate designs and landscaping, those effects could be minimized. Burstein said there is a question of whether this would effect the Meadows property. Burstein said easements would be retained on this right-of-way, and there is adequate flexibility of what the city can do with that right-of-way and the city would not request an undue burden of right-of-way on the Meadows property side. Burstein told 3 Regular Meertina Aspen City Council Februarv 10, 1986 Council staff and P & Z have recommended approval of thi s request. Councilman Isaac asked if there is a precedent for charging for a street vacation. Lennie Oates, representing Baar, told Council this is not covered in the state statute, which is the enabling legislation, and does not feel Council can request compensation for this 1 and. Mayor Stirling opened the public hearing. Oates told Council this land was Mr. Baar's in the first place; he gave it to the city and is now asking for some of it back to make the lot configuration better. Hal Clark told Council in the city's procedures there is no mention of compensation. Clark pointed out the city will still have plenty of right-of-way. Mayor Stirling closed the public hearing. Councilman Isaac said he does not feel it is appropriate to ask for compensation in this instance. Elyse Elliott, engineering department, told Council they support this because by retaining an easement, the city is not giving up any claims. Also the most 1 ikely way to expand Meadows road is not to the west but to the east. There is a ditch and a lot of trees on this property. Ms. Elliott pointed out to the north, this subdivision did not dedicate any right-of-way. Mayor Stirling said he feels a vacation should demonstrate a public good and does not know if this is in the best interests of the community. Clark told Council they feel it was incorrect to require this land initially, that it was an over-taking of land. Clark said by correcting this unfair situation, Council is acting in the public interests. C1 ark said he feels Council is setting a precedent to correct an inequitable situation. Clark said this property will go back on the tax rolls when it goes into private ownership. Clark said this is an unique situation as there are not many people that gave up so much right-of-way. Councilwoman Fall in moved to adopt Ordinance #1, Series of 1986, on second reading without fair market compensation; seconded by Councilwoman Walls. City Attorney Taddune said the vacation law provides that municipalities can only reserve rights-of-way for existing utilities. Taddune said as an inducement to approve this ordinance the applicant will grant an easement back to the city. Taddune said he would 1 ike to add a new section to the ordinance saying it will take effect upon the conveyance of the easements 4 Regular Meeting Asp,Q~n CitX Council F.~br~~ry 10. 1986 to the city as described in Section 1. Oates said that was acceptable. Roll call vote; Council members Isaac, yes; Walls, yes; Fallin, yes; Mayor Stirling, no. Motion carried. BAAR LOT SPLIT Mayor Stirling moved to table the public hearing to February 24, 1986; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Isaac. Motion carried. ORDINANCE #2, SERIES OF 1986 -Employee Housing Code Amendments Alan Richman, planning director, reminded Council they agreed with the first four changes unanimously and added section 5 which addresses cash-in-lieu. Councilman Isaac objected to the repeal of extra points for conversion of existing units. Councilman Isaac said he would prefer to see existing units available for employees. Richman said this amendment leaves conversion with the same amount of points as production of new units. Gideon Kaufman said applicants can get extra points for converting old, run down units and providing new units would get less points. Mayor Stirling said when Council originally made this amendment, they assumed the units would be upgraded; however, there is not a mechanism to do this, and applicants are getting existing points for conversion. Mayor Stirling said this amendment gives the applicant freedom to make the choice on what the market dictates. The second amendment discusses requirements of provision of employee housing off-site. The third amendment is the FAR bonus in the commercial core district. Councilwoman Fallin said she opposes allowing employee housing in the Aspen Metro area and that this housing should be within the city. Richman told Council the Aspen Metro area generally conforms to the annexation areas Council is looking at. Richman agreed housing should not be provided down valley, and the first choice would be within the city. Richman pointed out there is little land left within the city. Mayor Stirling said there has to be flexibility to get employee housing. Richman said another amendment is the reduction for the number of points available in the residential scoring system. Richman said this has put too much emphasis on employee housing in the residential sector. Richman told Council the cash in lieu provision is an option, not something Council has to accept. An applicant could propose cash in lieu and Council may make a determination that cash in lieu will not get them to their housing goals. Richman said there is nothing by providing this 5 Regular Meeting AsAen Citv CQUn~~I_ Februarv 10, 1986 option that binds Council to accept it. Richman said this opens up the opportunity to get dorm-type or senior housing. Richman told Council there have only been 13 units produced through the residential GMP since 1978; 8 free market unit and 5 employee units. Richman said there is some probl em in the residential section not allowing the financing to work. Richman said changing the points for employee housing and the cash in 1 ieu option will help get at the problem. Mayor Stirling opened the public hearing. Gideon Raufman told Council the reason he favors the cash in 1 ieu option because the present system requires an applicant to maximize a development on site. Raufman said he has had some applications where the site did not work well with all the density. Certain neighborhoods are overcrowded to begin with or don't lend themselves to employee housing. Raufman suggested a one year review clause to see if this will work. This option will give Council the opportunity to make a better project for the community. Raufman said the purpose of a flexible GMP is to be able to adjust it over time. Bil Dunaway said the success of this program would hinge on the amount of cash required to give. If it is too little, the program won't work. Mayor Stirling asked how it is determined what the cash in 1 ieu would be. Richman told Council cash in lieu is based on subsidizing per employee. Richman told Council all calculations in the GMP are on a per person basis, not bedrooms or number of units. Mayor Stirling asked about the issue of the developer getting off the hook by not having to provide inventory. Richman said this one P & Z's main objection. Richman said the point is to get housing, and the system has not been effective and cash in 1 ieu is a way to be effective. Richman told Council there are other ways of producing housing rather than to have the public sector go out and build the housing. Jim Adamski, housing office, told Council he feels cash in lieu can offer incentives and meet the demands of the employees. The demand might be a mortgage pool. Adamski said the city and county have produced employee units, now they need away to make them affordable. Adamski said the housing office does not want to get into developing and managing housing. Jim Curtis, housing authority, told Council he supports cash in lieu as it recognizes the job the city and county have done in creating a physical housing supply. Cash in 1 ieu also gives flexibility in how the housing authority can work with applicants to come up with solutions as the current code offers no alternatives. Curtis said the Code should create as many options as possible and judge these on their individual merits. 6 R r t' A 0 86 Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #2, Series of 1986; seconded by Councilwoman Fallin. Councilman Isaac said he is very hesitant about getting involved with cash in lieu. Roll call vote; Council members Walls, yes; Isaac, no; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #3;--SERIES OF 1986 - Setting Election Precincts Mayor Stirling opened the public hearing. Mayor Stirling moved to table this until further in the meeting to see if Council is going to cancel the election; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #4, SERIES OF 1986 -Building Code Fees Jim Wilson, building department, passed out the fees as adopted by the County Commissioners. Wilson said the changes are to flatten out the upper end of the curve. Wilson told Council he checked with 15 other resort towns; 9 use the UBC fees and 4 charge greater than the UBC fees, 1 was less. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac asked if the building department can cover their expenses by lowering the higher valuation fees. Wilson said the difference in projected revenues will be a $63, 000 short fall. Wilson said he does expect a higher construction activity than when he projected the budget. Mayor Stirling asked if this i s the Robin Hood theory where the high end projects pay for the low end projects. Wilson said that is the philosophy behind the fees. Councilman Isaac moved to adopt Ordinance #4, Series of 1986, as amended; seconded by Councilwoman Walls. Roll call vote; Councilmembers Isaac, yes; Walls, yes; Fallin, yes; Mayor Stirling, no. Motion carried. QUILLEN LOT SPLIT PUBLIC HEARING Alan Richman, planning director, reminded Council at the end of 1985, Council denied this application. Jon Seigle requested reconsideration; Council agreed. the staff has noticed this as a public hearing. Richman told Council the staff recommends 7 Regular Meetincr Aspen City Council February 10, 1986 approval of this application with conditions. Richman told Council the applicant has granted easements along both Cemetery Lane and Red Butte drive. Richman said this application meets the criteria for lot splits. Jay Hammond, engineering department, said the staff originally requested an easement along Cemetery Lane through all 3 lots. When they staked the property, it was found the easement is only needed through lot 12 B. Jon Seigle, representing the applicant, objected to condition 7 which i s that the applicant will release the neighbors from claims associated with the law suits. Seigle told Council he has accomplished a settlement with most of the neighbors. For a full settlement, they need 9 votes and they have 7 currently. City Attorney Taddune said this is not a standard condition for a subdivision approval and may be inappropriate. Taddune said this also may be restricting the ability of some of the property owners to continue in litigation if they want. Taddune told Council he has seen the settlement agreement and feels the Quillens have made efforts to satisfy their differences. Mayor Stirling opened the public hearing. Marvin Jordan asked Council to include condition 7. There have been some settlements for some neighbors, and for some other s nothing has been done. Jordan said he has only had verbal assurances for his litigation. Seigle said this condition has nothing to do with land use. Mayor Stirling closed the public hearing. Councilman Isaac moved to grant final approval to the Quillen subdivision to adjust the 1 of 1 fines between 1 of 11A and 12A, block 1 of the Red Butte subdivision and split off lot 12B from the new 1 of s, subject to conditions 1 through 6 in the planning office memorandum. Councilwoman Fallin asked what the effect would be if condition 7 was left in. Taddune told Council the reason Council is hearing no other opposition than Jordan's is that part of the settlement agreement is that the neighbors will not object to this subdivision. Taddune said this has no effect on the neighbors. Mayor Stirling said he originally made this condition to get this private litigation settled. All in favor, motion carried. Gary Wright said the water amendment to permit charitable functions to have use of facilities has been deleted from the agenda. Wright said there are people here to address this issue. Assistant City Manager Mitchell said the staff report has not 8 Regular -M~etinc~_ _ Aspen Citv Council Februarv 10, 198 been completed. Mayor Stirling suggested scheduling this for the next agenda. Councilman Isaac moved to add this item to the agenda; seconded by Mayor Stirling. Councilman Isaac and Mayor Stirling in favor; Council members Walls and Fallin opposed. Motion NOT carried. SCHOOL DISTRICT WAIVER OF WATER TAP FEES Jay Hammond, engineering department, said one concern is that waiver of tap fees does require action by ordinance. Also waiving of any tap fees is loss of revenues to the water fund. Hammond said if Council is inclined to support any waiver of tap fees, it should be done through the general fund. When Council waived the tap fee for the hospital, they did it through an appropriation from the general fund. Hammond pointed out waiving of fees impacts the budgeting of the water fund. Jon Seigle said this is a new addition to the high school and is an $14,000 tap fee. Seigle said the school is building more classrooms, not because of more students but because of more complicated programs. Seigle said they do not anticipate generating more demand on the water system. Seigle said the school is financing this out of capital reserve with no tax increases. Seigle said they would prefer to use the money to buy books and computers rather than tap fees. Councilwoman Fallin asked what is the legal status of taxing an already taxing district. Assistant City Manager Mitchell said there is nothing in the ordinances allowing waiver of tap fees. Council in the past has decided to fund this out of the general fund. Seigle told Council the water department has requested the school district upgrade the water system, and they are willing to put the loop in at their cost. Seigle said the school district did not anticipate looping or the tap fee. Mitchell pointed out that Castleridge project paid the tap fee. Seigle said that project increased the demand on the water system. Councilman Isaac said Council has set a precedent by donating the tap fees to the Music Associates. Councilman Isaac said it would be appropriate to meet with the school board on common issues, like the swimming pool . Mayor Stirling said when Council made the contribution to the M. A. A. , they were making it to a non-profit group which has no tax base. Council scheduled a work session with the school district at February 24 at 4: 00. AIR~UALITY VOLUNTARY PROGRAM Tom Dunlop, environmental health department, presented a display of six particulate filters. Lee Cassin, environmental health department, said there are many suggestions for a voluntary 9 Re-aul ar Meetin4 _____ AsAen Citv Council Februarv 10 , 1986 program to improve the air quality. The effectiveness of some of these is small ; however, that does not mean these won't help. Ms. Cassin said there are problems in all these programs. One is notifying people when there is an inversion, especially in a tourist area. People are not familiar with the radio and television stations. Also visitors may be less motivated to make sacrifices during the week there are here. Ms. Cassin pointed out there is conflict about mentioning the air quality. Ms. Cassin said one program is public service spots. This has small effectiveness especially if people do not listen to the media. Another program is inversion alerts, which is crucial to the voluntary program. This program has a capital cost for monitoring equipment. Another program is "no burn days", which may have little effectiveness because the "no burn day" may not match up with the inversion days. Another proposal is no burn times of day, which could be quite effective. However, the times it would be appropriate not to burn are exactly the times people burn their fireplaces. Ms. Cassin said another program is RFTA participation including less polluting buses, smaller buses, marketing efforts and not idling. Ms. Cassin told Council RFTA's policy is not to allow idling for more than 5 minutes, which is needed to build up the air pressure for the buses. Ms. Cassin said the complaints about idling buses in Rubey park have dropped since RFTA started this new program. RFTA is increasing their marketing to explain to people how to use the bus system. Ms. Cassin told Council RFTA has committed to presenting available options on less polluting buses when they are ready to replace the buses. Bruce Abel, RFTA manager, said he has looked at several alternatives and diesel is the most practical alternative. There are experiments with natural gas, propane and electricity. Ms. Cassin said the property managers could provide written materials about air quality and fireplaces for their guests. This has happened on a small scale and people do not feel it i s effective. Property managers could inform guests when there is an inversion; however, property managers want to provide their guests with a positive experience and it is not easy to call and tell the guests not to burn. Another proposal was to have airline seat pamphlets describing the air quality probl em. Ms. Cassin pointed out this is a good example of the conflict about getting a needed but negative message across. Sally Roach suggested rather than a separate pamphlet to have this message included in the in-flight magazine. Councilwoman Walls said this could apply to all ski areas and be a generic message. Ms. Cassin said another program is spot checking smoking vehicles. The environmental health department does get l0 Regular Meeting Aspen City Council ~'ebruar_.v lOL 1986 complaints, to which they respond and seem to get compliance. Gary P1 uml ey told Council Coors and Coca Cola are using propane trucks. Ms. Cassin told Council the environmental health department used to provide testing lanes for vehicles. The state department provided the equipment but could not get enough interest to justify the state department to come to Aspen. Ms. Cassin said the potential effect of downtown circulation patterns could be 1 arge. This depends on whether the goal i s to make it easier for more cars to drive more miles more easily or whether to create auto disincentives. The latter would have a big pollution impact. Mayor Stirling said the decision for this will come out of the transportation development plan, which is being worked on currently. Ms. Cassin said another item is improved community conscienceness, and this is important to all programs. The community conscienceness is high right now and this should be continued in as positive way as possible. A suggestion is modifying existing city programs. The environmental health department is having the present sanding material testing right now. Another option is to use less sanding material. A recommendation is asphalting rather than chip and seal. Ms. Cassin told Council another suggestion is flushing the cinders more often. Ms. Cassin said they could investigate equipment that would pick up the cinders without using water. Ms. Cassin said there could be a city-sponsored program for retrofitting or replacing high polluting woodburning devices with clean ones. This is targeted to a small portion or existing devices which could be retrofitted. Another option is an auto inspection and readjustment program, which is in place on the front range. Ms. Cassin told Council other than getting peopl e not to drive, this is the single most important way to reduce pollution. One suggestion is if public service ads are part of the program, the city should try to enlist the aid of celebrities, which may get the attention of guests better. Ms. Cassin suggested changing the idling ordinance of the city from 15 minutes to 5 minutes, which can be done immediately. Ms. Cassin suggested an opacity law for diesel vehicles, which law is in place on the front range. Mayor Stirling said Council should have a work session on this to discuss the entire program as well as the financial implications. Mayor Stirling said there is motivation in the community to get behind voluntary efforts. Dunlop said the voluntary efforts of the past have not been successful but this was in part due to 1 ack of personnel , Council 11 Regular Meeting Aspen City Council February 10, 1986 support and community support. Dunlop said if Council is going to commit to this, it has to be a long term commitment. Dunlop requested about $33, 000 to fund a 4th environmental health officer and make the 1/2 time secretary full time. Dunlop said equipment to monitor inversions would cost $41, 000 or a 1 ess a less intense program to predict inversion would cost $7,000. Dunlop told Council operation and maintenance would cost $12, 000 to be able to monitor everything or $1500 for the inversion monitoring. Dunlop said the CAAB voted 3 to 0 for this program and are very interested in promoting the community to get behind this program. Dunlop said the environmental health department will evaluate each program to determine its effectiveness. Dunlop read a list of all the programs they are involved in besides air quality. Dunlop told Council the public health significance of the programs that are suffering is as great as the air pollution impacts, 1 ike food service inspections. Dunlop said the threat exists for a public health episode to occur in the food service industry due to a lack of inspections. The environmental health department is required to inspect restaurants twice a year. If another officer is hired, they may be able to do inspections up to 4 times a year. Councilman Isaac asked if Dunlop has talked to the county about sharing expenses. Dunlop said he is meeting with the Commissioner tomorrow. Mayor Stirling said he is not a believer in increasing city staff, but the city is faced with two specific challenges, restaurants and air quality. Mayor Stirling said he i s favor of allocating money for this request as far as personnel is concerned and not vote on the equipment until after the proposed work session. Councilwoman Walls moved to additional staff sharing 1/2 by Councilwoman Fall in. Al requested a work session on set as soon as possible. adopt the proposed appropriation for the cost with the county; seconded 1 in favor, motion carried. Council this voluntary program and have it VOLR PROPERTY REPORT (Councilwoman Fall in left due to conflict of interest.) Mayor Stirling said the passage earlier of Ordinance #5 precludes the need for a special election in March. The issue is whether Council would like to take the purchase of the Volk property as a non-binding issue to the electorate. Assistant City Manager Mitchell said the opinion of value is $725, 000 which cost would represent 58 percent of the open space acquisition program for the next 5 years in the current capital improvement program. The property generates $17,600 in sales tax and $2450 in property tax 12 Regular Meeting Aspen City Co n~~ cil February 10, 1986 per year. Mitchell said the estimate is it would cost $230,000 to develop the property according to the planning department's options. Staff recommends Council finalize the capital plan and how it will be financed before making any decisions on open space acquisitions. The current capital plan anticipates bonding $3,000,000 in 1986 and $2,000,000 in 1987. If Council commits to buying the Volk property, it would change the capital improvements pl ans. Councilman Isaac said he has a problem buying this property for $725,000 as it will impact the rest of the city's programs. Councilman Isaac said he would be interested in seeing what terms the owner may be interested in discussing. Councilman Isaac said rather than spending time and money on an election, he would have the staff negotiate with the Vol ks to see what arrangements could be made. Mayor Stirling said simultaneously the Council should continue work on the capital improvement program. Councilman Isaac moved to instruct the city staff to contact Mr. Volk to attempt to negotiate purchase of this property in an arrangement which would be more favorable to the city either long term purchase or condemnation or some vehicle that would be more reasonable and bring this back to Council February 24; seconded by Councilwoman Walls. Mitchell said it is critical to have a meeting on the capital improvement program because there is only so much money available for planned programs. Mitchell said the financing for the capital improvement plan will require an election. David White, P & Z, said they are in the process of looking at the TDP, transportation, downtown plan. This property is a very important piece of the downtown plan. Mayor Stirling said this is a good opportunity for groups in town to debate the pros and cons of purchasing this property. All in favor, motion carried. Wink Jaffee asked that as long as this is being discussed by Council, a building permit cannot be issued. Mayor Stirling said there is no way to prohibit a permit from being issued. Mayor Stirling pointed out there are approvals and GMP allotments for this project. Don Fleisher, representing the owner, told Council the Volk family is not interested in selling this property because of the tax consequences. Fleisher told Council the owner would like to be under development by May 1986. Council schedul ed the capital improvement program work session for February 25 at 5 p, m. at city hall. 13 Rectular Meeting Aspen City .council February 10, 1986 Councilman Isaac moved to adopt Resolution #4, Series of 1986, cancelling the special election March 18, 1986; seconded by Councilwoman Walls. All in favor, motion carried. CONVEYANCE OF ARTHUR'S John Kelly requested Council give his client, First Federal Bank of Newton, a break on the lease termination. The lease calls for $24,000 payment to terminate the lease, which the bank does not have a probl em with. Kelly said the bank objects to the $1, 000 a month which has been accumulating since June. Kelly told Council he has been working on terminating this lease since June. Kelly said there were discussions that the clock would stop during the negotiations. Kelly pointed out the bank has paid a 1 of more than they feel they have had to. Councilwoman Fall in moved to accept $24 , 000 as settlement on Arthur's lease conveyance; seconded by Mayor Stirling. All in favor, motion carried. L IOUOR LICENSE HEARING - Ohl & DeVack Mayor Stirling opened the public hearing. City C1 erk Koch reported the files, posting and publication to be in order. Larry Ohl said they are applying for a beer & wine license for their gourmet special ty shop, serving breakfast 1 unch and dinner. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed the public hearing. Councilman Isaac moved that based on the evidence at this public hearing relating to the application of Ohl & DeVack for a bee r and wine license, the city council finds that the needs of the community have not been met and the 1 icense is granted; seconded by Councilwoman Fall in. All in favor, motion carried. ORDINANCE #6, SERIES OF 1986 - Edel Street Vacation Councilman Isaac moved to read Ordinance #6, Series of 1986; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #6 (Series of 1986) AN ORDINANCE VACATING PORTION OF FOURTH STREET RIGHT- OF-WAY CONTAINING APPROXIMATELY 130 SQUARE FEET ADJACENT TO 602 NORTH FOURTH STREET, ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk 14 Regular Meeting Aspen _City Council Februarv 10, 1986 Councilwoman Fallin moved to adopt Ordinance #6, Series of 1986, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Fallin, yes; Walls, yes, Isaac, yes; Mayor Stirling, yes. Mot ion carried. BAN ON SALE OF TRAPPED FURS Councilwoman Walls said she is proposing an ordinance to ban the sale of animal products that are obtained by cruel and inhumane methods, specifically leg hold traps. City Attorney Taddune said the city has an ordinance prohibiting leg hold traps within the city. The proposed ordinance would prohibit the sale of furs obtained by this method. Councilman Isaac moved to direct staff to prepare an ordinance; seconded by Councilwoman Walls. All in favor, with the exception of Councilwoman Fallin. Councilman Isaac said he would 1 ike to know how this can be enf orced and how much enforcement would cost. Taddune said this can be addressed in the ordinance. Taddune said this is a new concept. Council requested this return to Council by March 10. PROSPECTOR TIMESHARE AMENDMENT Steve Burstein, planning office, said this is a request to amend some of the conditions of the Prospector timeshare approval. The main request is to eliminate the condition that 8 timeshare units out of 15 be sold prior to closing on the unit. Burstein said at the time the Prospector was approved, Council was very cautious about timeshare, and had passed some strict laws. Council felt this condition was to protect consumers. Burstein said the applicant claims this condition is counter productive and has jeopardized the viability to the project. Bur stein said staff feels this condition may hamper the cash flow; however, there are probably other contributing factors to the probl ems of the Prospector. Bur stein recommended eliminating this condition. Nick McGrath , representing Security Pacific, told Council they have filed a foreclosure on the Prospector. McGrath said the conditions are acceptable to his client and they believe the relaxation of the rule of 8 will assist in marketing. McGrath said they feel there were cancellation of sales because owners could not close on and use their units. This money can repay some of the loan and increase the accumulation of interest. Councilman Isaac asked about the other timeshare project if they have the same condition. Burstein said the other project has to sell 5 out of 15 units. Councilwoman Fallin asked if other communities have this type of restriction. Burstein said he 15 Regular Meeting A~gpen QitvTCo, uncil Febru~r.~ 10. 1986 talked to Vail, and they do not have these restrictions. McGrath told Council Security Pacific is a 100 per cent lender on this project. Mayor Stirling said there are other factors and this rule of 8 is not the only reason that this project may or may not have succ eeded. McGrath agreed with that. Mayor Stirling said the real estate market was very slow when this project went through, and the project may have been under capitalized. Mayor Stirling asked if this bank has any other experience in integral ownership. McGrath said they have interests in 29 other timeshare project s. David White, P ~ Z member, said one of the reasons this was a condition was to get local people both managing and selling the projects to get consistency. McGrath said his client intends to do a marketing plan to cover these concerns. The city staff has to approve any marketing plan. Councilwoman Fall in moved to approve amendment of condition numbers 6, 9 and 13 subject to conditions a and b in the planning office memorandum of February 4, 1986; seconded by Councilman Isaac. Councilman Isaac asked if this project now fails and Council has changed the requirements, can the present owners came back to Council. Taddune said there is a disclaimer in the timeshare documents stating there is no liability on behalf of the city for any representations. McGrath said there are only 4 current sales in escrow and would make full disclosure to these people that the rule of 8 is changing and if they want out, they may get out. McGrath said all the present owners have objected to the rule of 8. Councilwoman Fall in amended her motion to add a condition (c ) that the existing contracts in escrow be notified of these changes; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #8, SERIES OF 1986 -Lot Split Amendment Councilwoman Walls moved to read Ordinance #8, Series of 1986; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE # 8 (Series of 1986) AN ORDINANCE OF THE ASPEN CITY COUNCIL REPEALING AND REENACTING SECTION 24-11.2 (D) TO CHANGE THE EL IGIB ILITY REQUIREMENTS FOR THE GROWTH MANAGEMENT PLAN EXEMPTION FOR LOT SPLITS was read by the city clerk 16 ReQUlar MeetincL___ _ Aspen Citv Council Februarv__10,__1~86 Councilwoman Walls moved to adopt Ordinance #8, Series of 1986, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Walls, yes; Mayor Stirl ing, yes. Motion carried. ORDINANCE #7. SERIES OF 1986 - Transfer of Assets to RFTA Councilwoman Fallin moved to read Ordinance #7, Series of 1986,; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE # 7 (Series of 1986) AN ORDINANCE RATIFYING THE TERMS OF AN AGREEMENT BETWEEN THE COUNTY MANAGER AND THE CITY MANAGER REGARDING THE TRANSFER OF ASSETS TO THE ROARING FORR TRANSIT AGENCY AND CONFIRMING THE CITY MANAGER' S AUTHORITY TO ENTER INTO SAID AGREEMENT ON BEHALF OF THE CITY was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #7, Series of 1986, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. MAINTENANCE FACILITY STUDY Jay Hammond, engineering department, said the city was involved in a combined maintenance facility study with the county. The report the consultant made did not speak in detail to the square footage requirements of the city, or any expected impacts by annexation. Hammond said the staff feels some aspects of the report are lacking in detail. The city would like details on the square footage requirement of the site and the facility so that the staff can do an analysis on available sites, how the existing shop may be effected. Councilwoman Walls moved to suspend the rule and go until 9:30 p. m. ; seconded by Mayor Stirling. All in favor, motion carried. Councilwoman Walls moved that the city manager be authorized to enter into a consulting agreement with Fleet Maintenance Consultants for a fee not to exceed $4,000; seconded by Councilman Isaac. All in favor, with the exception of Mayor Stirling. Motion carried. REQUEST FOR GOLF PASSES --FOR BALLET ASPEN Joan Bain said this request is for a golf pass to be auctioned off at a Valentine's party to benefit Ballet Aspen. Assistant 17 Regular Meeting Aspen City Council February 10, 1986 City Manager Mitchell said 2 years ago Council adopted a policy not to grant golf passes during the year except at budget time. MItchell said if Council approves this, the money would come out of the general fund to increase the contribution to Ballet Aspen. Councilman Isaac moved to extend a golf pass to Ballet Aspen and to fund this out of the Council budget; seconded by Mayor Stirling. Councilman Isaac and Mayor Stirling in favor ; Council members Fall in and Walls opposed. Motion NOT carried. BOARDS AND COMMISSION APPOINTMENTS Council appointed Katherine Reppa as a regular and Sy Col eman as an alternate to the Clean Air Advisory Board; Charles Cunniffee as a regular and Bill Poss as an alternate to Historic Preservation Commission, and Ted Mularz to the Board of Examiners and Appeals. REPORT ON SAL E f LEAS E BACK OF CITY HALL Assistant City Manager Mitchell said Council had asked representatives of Touche Ross to present some options on privatization for funding city hall. John Noble said Council is trying to maximize the benefits to the community at the least cost and to remedy the burden to future citizens. Nobil presented Council a report with background, the issues, and some of the approaches that have been taken. Jane Olmstead, Touche Ross, explained that privatization is financing public sector facilities using private funds. Because of tax changes over the last 5 years, this approach is beneficial. Ms. Olmstead told Council one way to achieve this is a service contract with the private sector who puts equity into a public sector facility. The private sector gets all the tax benefits, depreciation on the building, the investment tax credit. The private sector person will be operating or maintaining the building. If a municipality prefers to maintain control and operate it themselves, they can enter into a lease purchase with the private sector. From the private sector point of view, this is an installment sale; from the city's point of view it is a 1 ea se at favorable terms. Another concept is sale leaseback, which because of recent tax changes is not so beneficial. Ms. Olmstead said there are several opportunities available to municipalities that can be beneficial to the municipality, the citizens and the private sector. Each of these alternatives needs to be evaluated because every situation is different. Ms. Olmstead said there are probl ems municipalities run into because this is a complicated process. There should be a planning process, and Touche Ross can 18 Regular Meeting AsAen Citv Council Februarv 10, 198 help the city with this planning process and do an initial feasibility study. Ms. Olmstead told Council they have worked with Interpl an on many projects. Ms. Olmstead said she i s familiar with the work Interplan did on city hall, she knows what the options of the city are. Ms. Olmstead said next there should be the development of a planning process and a feasibility study to see if the city should be looking at privatization. Some outputs are an economic cash flow modeling process to eval uate the different expenses, the different revenues. Then the city will know how much this will cost, what amount of financing will be needed to do the expansion of city hall. Ms. Olmstead said at that point, Touche Ross can help put together a request for proposal and can help evaluate those proposals. Nobil said they need to know the city's objectives for the new facility, how long is the facility to be in effect, and what is the city's current funding capacity, what concerns does the city have over the control and management of the property. Mitchell said the city has most of this information available. Mitchell said Council should know the cost to go through the first phase of feasibility. Then Council can decide if they want to proceed with requests for proposals. Nobil said Touche Ross can go through some analysis for the planning process, then develop a model to assist the city in evaluating the alternatives. Mayor Stirl ing asked what this would cost. Nobel said between $6, 000 to $12, 000 depending what stage the city is at. Nobil said he can talk to Mitchell and the architects to see where the city is. Mayor Stirling requested a cost by February 24 . Taddune told Council the staff reviewed privatization for the Wheeler, so there is some background. Mitchell said the city has detailed plans for city hall from the architects, has an appraisal of city hall, the cost of renovation. Mayor Stirling said the Council is very sensitive to the people losing control of city hall. Mayor Stirling requested Touche Ross come back at the next meeting with a cost and how quickly this could be done. CONSENT CALENDAR Councilman Isaac requested the liquor license transfer for Lower East Side be taken off the consent calendar. Jere Michael, purchaser, told Council he has signed a purchase agreement with the former owner. They have signed a lease with the Elk's. Michael told Council they have put $75,000 in escrow and have notified the creditors of this. Michael told Council they plan a food and beverage operation similar to what it was 10 years ago and pl an to rename this Galena Street East. Councilman Isaac moved to approve the transfer of the Lower East 19 Regular Meeting _Aepen Citv Council Februarv 10. 198 Side liquor license to Michael d/b/a Galena Street East; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Walls moved to approve the con sent calendar ; seconded by Mayor Stirling. The consent calendar is Special Event Permit - St. Mary's Church; Aspen Ski Club and Minutes November 25, 1985 and January 27, 1986. All in favor, motion carried. City Attorney Taddune requested an executive session on litigation. Councilwoman Walls moved to continue the meeting to February 17, 1986, at 4: 30 p. m. ; seconded by Councilwoman Fallin. All in favor, motion carried. Council left the meeting at 9: 30 p, m. 1 ~.~,/.~ ~~ ~ ~~ Kathryn S. och, City Clerk 20