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HomeMy WebLinkAboutminutes.council.19860310Regular Meetin4 Aspen City Council March 10, 1 98.6 CITIZENS COMMENTS 1 ORDINANCE #8, SERIES OF 1986 - Lot Split Amendments 2 SCHOOL DISTRICT WAIVER OF WATER TAP FEE 3 HOTEL JEROME PUD AMENDMENT 3 VOLK PROPERTY 3 1985 GMP PROCEDURAL INTERPRETATION 7 BYERS REQUEST TO USE STREET 9 SAWMILL TRAIL EASEMENT 10 ORDINANCE #9, SERIES OF 1986 - Appropriations 11 UTE MOUNTAINEER GOLF PRO SHOP AGREEMENT 1986-87 11 ASPEN SKI COMPANY REQUEST FOR FUNDS PROMOTIONAL FILM 12 RESTAURANT REQUEST TO USE MALL 12 TRANSPORTATION STUDY ADVISORY COMMITTEE 12 SIGN CODE COMMITTEE 12 ORDINANCE #10, SERIES OF 1986 - Banning the Sale of Furs of Wild Animal Obtained by Leg-Hold Animal Traps 13 GARFIELD COUNTY REQUEST FOR SUPPORT FOR AIRPORT 14 MAA/BALLET JOINT FACILITY TASK FORCE 15 BOARDS AND COMMISSION DINNER 15 TRANSPORTATION ADVISORY COMMITTEE REPORT 15 CONSENT CALENDAR 15 MANAGER' S COMMENTS 15 COUNCILMEMBER COMMENTS 16 18 Regular Meeting Aspen Citv Council Marc 10. 1986 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Collins, Fallin and Walls present. CITIZENS COMMENTS 1. Tom Cardamone, A.C.E.S, told Council his Board has discussed Jenny Adair park and the Board feels a ramp into the pond is the only acceptable method. Cardamone said the pond is not in the flood plain. Cardamone requested Council give the staff the go ahead on the project pending working out the details with whichever contractor is selected. Jay Hammond, city engineer, told Council he would like to go back to the original contractor and get a price on the ramp. Hammond said the Council should vote on placing a ramp on city property. Hammond said the Council has appropriated 516,000 to dredge the 3 city ponds. If placing the ramp exceeds that amount, the staff could take care of Jenny Adair pond, and then request additional funds for the other 2 ponds. Hammond said it would be easier to do all three ponds at once. Hammond told Council he will proceed to price all three ponds with both contractors and return to Council at their next meeting. Councilman Collins asked if there is a sketch of the ramp. Cardamone said A. C. E. S. has a master plan but this ramp does not effect Hallam lake. Councilman Collins asked for a map delineating what is city property, what belongs to A.C.E.S. and where the ramp will be. 2. Bruce Abel, RFTA general manager, distributed a memorandum about the Aspen bus service advisory committee report. Abel told Council at the March 11 RFTA meeting, the staff will be presenting the analysis of the city bus routes and their response to the advisory committee report. Abel said a primary recommendation of this report is that during off season, the level of service be reduced to either hourly routes or a demand response service. Abel said he feels RFTA cannot handle their ridership with a demand response system. Abel said ridership is increasing, and they feel they should continue that trend rather than provide a disincentive. Abel said the off season is getting shorter. Abel pointed out increased levels of transit service is a way to help Aspen's air quality. Abel said staff's recommendation will not be to reduce levels of service to one hour. Abel said staff does agree with the recommendation to establish Main street as a high f requency corridor. Abel said staff also agrees with the utilization of smaller vehicles more in scale with the environment . Abel said the RFTA board wil l set a public hearing for March 18 for these recommendations. Mayor Stirling moved to waive the rules and add the transportation recommendations as item 7(c); seconded by 1 Regular Meeting Aspen City Council March 10, 1986 Councilwoman Walls. All in favor, with the exception of Councilwoman Fallin. Motion carried. 3. Alan Richman, planning director, introduced Peggy Severs, the new chief zoning official. ORDINANCE #8, SERIES OF 1986 - Lot Split Amendments (Mayor Stirling 1 of t the room due to a conflict of interest) . Mayor Pro Tem Walls said there are two separate issues; lots that were originally single townsite lots and have been merged, and large lots that were subdivided as one big lot and Council is subsequently asked to split. Alan Richman, planning director, told Council that is what is being corrected by this recommendation. Richman reminded Council the specific Code amendment request was to eliminate the requirement in lot splits for a previous existing unit to be on a lot to allow a lot split. Richman said this corrects the problem and differentiates between lots that have been merged and large subdivision lots. Richman said these lots were merged under the growth management provision to get of ter potential development of potential lots that would be exempt under GMP. This was a method of looking at how many previously subdivided lots existed and trying to reduce the overall impact on the growth rate. Council felt there should be a relief value, and the lot split provision was opened up to everyone. In the past years, large lots in subdivision were coming to Council for the same relief as the merged lots. Richman said the Quillen lot split is an example of the difficulty Council had with subdividing a lot in an otherwise platted subdivision. Richman said these lots can be subdivided but this does not give them the easiest procedure. Councilman Isaac asked if this would apply to areas annexed into the city. Steve Burstein, planning office, said staff at first had thought of excluding annexed areas but decided to treat all land equally. Burstein said this Code amendment does away with the requirement for an existing house before a lot is eligible for a GMP exemption. The existing provision forces someone to build a house before they are eligible for a lot split. The density of development will be no greater if this provision is eliminated. Burstein estimated there are 30 to 35 potential lot splits available, and the staff does not feel this amendment will constitute a major development. Mayor Pro Tem Walls opened the public hearing. There were no comments. Mayor Pro Tem Walls closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #8, Series of 1986, on second reading; seconded by Councilman Collins. Roll call 2 Regular Meeting Aspen Citv Council - March 10, 1986 vote; Councilmembers Isaac, yes; Fallin, yes; Collins, yes; Mayor Pro Tem Walls, yes. Motion carried. SCHOOL DISTRICT WAIVER OF WATER TAP FEE City Manager Schilling said the school has submitted attendance data for the schools. Schilling said there is a provision in the Code which allows the Council to take into consideration circumstances where strict application to the utility connect charges would result in unfair conditions. Schilling pointed out over the next 10 years the high school population will probably be less than it is now. Schilling said that fact should be taken into consideration. Schilling told Council the additional square footage at the high school is the result of additions to the curriculum not to accommodate additional students. Schilling said water system development charges are imposed to allow growth to pay its own way. New demands on the system create new demands on capacity. Schilling suggested the staff pursue an agreement with the school district where if there are material alterations in school enrollment, at that time an appropriate tap fee would be triggered. Schilling told Council he has discussed this with the school as well as with the city's water attorney. They both feel this would be an appropriate solution. Schilling said this would be done by contract. Mayor Stirling moved to direct the city manager to continue discussions with the school and come up with a formula; seconded by Councilwoman Fallin. Mayor Stirling asked about the loop. Schilling said the school board is putting money in the general fund to go through feasibility and preliminary engineering and cost of the loop system. Schilling told Council the school district is committed to installing the loop system in the next 3 to 5 years. Mayor Stirling amended his motion to include that the school district will install the loop system within 5 years or less; Councilwoman Fallin added only if f ound f easible by the engineering study. All in favor, motion carried. HOTEL JEROME PUD AMENDMENT Councilman Isaac moved to table this to March 24, 1986; seconded by Councilman Collins. All in favor, motion carried. VOLK PROPERTY (Councilwoman Fallin left the interest) . room due to a conflict of 3 Regular Meeting _ __Aspen Citv Council - March 10, 198 Assistant City Manager Mitchell reminded Council the city received an opinion of value of 5725,000; the Volks are asking 5 800 , 000 for the property. Mitchell told Council the proposal by the Volks is conditioned upon this being financed by a sales tax revenue bond or installment sale to insure them of tax exempt interest. Mitchell recommended a sales tax revenue bond is a much surer way of doing this. Mitchell said the Volks want to insure a cash flow for their trust to get the same cash flow they would receive under development. Mitchell told Council the development proposal includes two employee units, and the Volks have options on these. If the Volks are unable to withdraw from the option, the expect the city to reimburse them f or any losses, which would be about 5 8 , 0 00 . The Volks have stated in their offer if up to 30 days prior to the election they receive an offer of 5875,000 or more, this offer is null and void. Mitchell said based on the prime rate being constant and averaging around 12 percent, this is not much more expensive than a typical bond. Mitchell told Council the Diane Smith property was brought up as a possible purchase at the last meeting. Mitchell has met with Ms. Smith's representatives, and they want it relayed to Council that any plans they may have for the property may become confused with a possible city purchase of the property. Councilwoman Walls asked how much money there is in the land fund for 1986 that is not already budgeted. Cindy Shafer, finance Director , told Council the land f and wil l have a cash balance of 52,200,000. The on-going debt payments in the land fund are about 51,500,000. There are some note payments coming due in the next two years of the Marolt and Shapery property. Ms. Shaf er said the Council has adopted financial policies on how much cash reserve they want to achieve in each fund, which makes a difference on how much money is available in the land fund. Mitchell said there is 5 900 , 000 cash available out of the 1 and fund of which Council has committed 5350,000 open space, 5500,000 for trails and the rest f or the mall f ountain and maintenance. Mitchell said the Volks are not interested in a cash sale. Councilwoman Walls said the cost of the Volk property will be twice that stated on the petition, and questioned if the petition is a valid expression of the citizens. Stacy Standley said the petition did not take into account the revenues from the property or that the offer is financed at 90 percent of prime, which makes this an interest free purchase. Standley said the point of the petition was to assess local interest in the purchase of the Volk property. Standley said this property could be used as an expansion of the mall and also could be refinanced by further bonds for the expansion of the mall. Standley reminded Council they requested Council take action on this property in August, 4 Regular Meeting aspenCity Council March 10 , 1986 and the costs have changed. Standley said they feel the petition is still valid and has a total of 1700 signatures who would like, at the least, the purchase of this property go to an election. Mayor Stirling said he does not feel Council should make open space decisions by election. Council is elected to plan and to set goals. Mayor Stirling said the petition stated this property would be purchased for open space, which may mean all businesses should be razed as soon as the city buys it. Mayor Stirling said it is important that the Council responds to the effort made by citizens to have an election for the purchase of this property. Mayor Stirling moved to adopt Resolution #7, Series of 1986, calling for a special election May 13, 1986; seconded by Councilman Isaac. Councilwoman Walls said she feels Council should have made a decision last summer that they were not interested in this property. The city has an adopted open space master plan and this property is not included in that plan. Councilwoman Walls said this particular petition has to do with open space, not the Sinclair gas station. Councilwoman Walls said some petitioners have told her they signed the petition to save the Popcorn Wagon. Councilman Isaac said the Council has an obligation to put this to the vote of the community. Councilman Isaac said he is opposed to the purchase because the price has gotten out of relevance for the piece of land. It is too expensive in light of other projects the Council has planned for the community. Councilman Isaac said the petition asked Council to either purchase the property or have an election, and Council should hav a the election. Councilman Collins said he feels the purchase price is significantly more than the price outlined in the petition. Councilman Collins said Council would be setting up an election on a contingency basis because of the conditions the Volks have set on the purchase. Councilman Collins said Council has had an open space acquisition list for a number of years that has at least 12 sites listed in priority and not once has the Volk property ever been on this list. Council has a responsibility to administer the open space funds as prudently and as judiciously as possible. Councilman Collins said he does not f eel the Volk property is in that category. Mayor Stirling said citizens obtained about 1100 signatures of residents of the town, and Council should respond and give the electorate a chance to openly debate the purchase of the Volk property. Mayor Stirling said he is not in favor of purchasing the property. The price is 10 percent above the appraisal; the cost of the issuance of the bonds is another S30 , 000. Mayor 5 Regular Meeting Aspen City - Coun-cil March 10 , 1986 Stirling said he feels it absurd for the city to be operating a commercial business in town. Mayor Stirling said he will support having a special election. Bil Dunaway said many of the open space purchases are not within the city, and the Council should give the voters a chance to decide if a park within the city is as valuable as large pieces of property on the periphery. Mayor Stirling said he f eels the city has done a frightful job of maintaining the open space they have purchased, and the main challenge facing the city is maintenance and restoration of these properties. Mayor Stirling said his priorities are completing the trails system and getting the open space properties in first class shape. Francis Whitaker said he was one of space program and has kept an eye on acquired, the use of the f unds, and Whitaker said the general purpose preserve the approaches to town and space within the city. Whitaker said space acquisition has been put on the said the Volk property is too small space use. Whitaker said the asking opinion of value. the initiators of the open the program, the properties the use of the properties. of open space has been to to acquire suitable open it is unfortunate that open political level. Whitaker and too expensive for open price is higher than the Hal Clark said the open space plan has been developed by an open space advisory board and others appointed by Council. PCPA recommends such a board be reformed. PCPA has supported the use of 6th penny funds in town, like the renovation of the Wheeler, the purchase of the land next to the Wheeler, and the purchase of Bass park. Clark said PCPA is opposed to the purchase of the Volk property for reasons already outlined. C1 ark said if this does go to an election, it should be made clear on the ballot that the funds to be used will come out of the 6th penny. Wink Jaffee said this is not an issue of how much or where the property is; it is an issue that citizens wish to have an election on the possible purchase of the Volk property. Jaffee said the money belongs to the citizens, and they want to have a vote. Jaffee said Council should not question the validity of these petitions but should allow the electorate to vote. Andre Ulrych said there is immediacy in this issue because the Volk property will be developed in April. They have a petition with 1700 signatures that would like to have an election. Stacy Standley said he feels it unfair for Council to treat the woodburning referendum petition and this petition as different entities. Standley pointed out the 1974 mall plan included the Volk property and has included it as an open space acquisitio n longer than any other piece of property. Standley said the Volk 6 Regular Meeting Aspen _CitY Council March 10 , 1986 property should not be ignored because it is a vital piece of property in the downtown area. Mayor Stirling pointed out the woodburning referendum petition followed specific Charter guidelines and the signatures had to be certified by the city clerk. Mayor Stirling and Councilman Isaac in favor, Councilmembers Collins and Walls opposed. Motion NOT carried. 1985 GMP PROCEDURAL INTERPRETATION City Attorney Taddune told Council both residential applications would have been scored under the statute of ordinances in effect at the time of submission. As the applications were being presented, Council was considering an ordinance amending the criteria for employee housing. Taddune told Council the application of Kaufman's client would probably fare better under GMP scoring if the new regulations were used. Gideon Kaufman, representing the Sunny Park GMP application, told Council his clients is the only application existing. Taddune told Council there is a ramification regarding the Cantrup GMP application, and it may be that some of the violations the planning office has found may be remedied if Cantrup could also take advantage of the new rules. Taddune opined that the regulations that should apply for the scoring process should be those in effect at the time of submission. Taddune said he is presenting this to Council to see if they would be willing to apply the current employee housing regulations. This would make it easier for the P & Z to score, and would avoid the necessity of appeal which may be likely in either application. Mayor Stirling said the Cantrup application was hit fairly hard with the old rules, and asked if they are seeking relief through variances at the Board of Adjustment. Taddune said the Cantrup application is seeking relief bef ore the Board of Adjustment to review a decision made by the chief planning official. Taddune told Council both applications are being treated equally. Taddune said he suggested Kaufman come to Council because he does not want to take the position there be a different treatment for Sunny Park and the Cantrup application. Taddune said he has not made an analysis how the Cantrup application would be scored differently under the new employee housing rules. Taddune is asking Council's preference under which system they should be scored. Mayor Stirling said the Council has not had a ruling on the planning officials' position and asked if the P & Z has ruled on this. Kaufman said currently there is only one application that is bef ore the scoring system. The Cantrup application has been put out at this time; he is appealing to get back in. Kaufman 7 Regular Meeting Aspen City Council March 10, 1986 said the issue is whether Council feels the new scoring system is a better system. Kaufman said Council adopted a new scoring system because they felt the city could get better projects. There is a letter in Council packet from Cantrup's attorney stating they will not object to whatever scoring system is applied to Sunny Park. Kaufman showed two scenarios of scoring two different projects and the possibility that a very poor project can create a situation to provide more than 50 percent employee housing in a dorm situation and a conversion and receives 33 points for employee housing and meets the threshold. In the obverse, an excellent project with 50 percent employee housing may not meet the threshold . Kaufman said Sunny Park is a good project and under the existing scoring will have a difficult time to meet the threshold. Under the new guidelines, with no change to the application, Sunny Park has a chance for approval. Kaufman told Council this project received approval previously but that approval has lapsed. This project is an improved project but cannot meet the threshold. Kaufman told Council the rules were set up to protect an applicant so they would know what they are being scored under. Kaufman said the Council has acknowledged that the community needs better projects under this new scoring system. Kaufman said he feels the new scoring system should be applied. Kaufman pointed out that Cantrup is not asking for any change. Kaufman said Cantrup is out of the scoring, but even if he was in, if his project can be built under the new scoring system what is wrong with that. Kaufman said this project has real benefits to the community; it was approved once. Kaufman said Cantrup's attorney has said thi s application can be scored under the new system. Cantrup can also be scored under the new system. Kaufman said he does not feel there is a downside to this, and there is enough justification to allow the new scoring system to apply. Kaufman said this project is located by Park Circle and will provide 4 free market and 4 employee studios. Kaufman told Council the 4 employee studios will be in the low income bracket. Raufman said even if the Cantrup project is put back into the system, his project would have to meet the threshold under the new scoring system. Taddune said there are no other applications; the staff is worried about the competitive aspect of the competition. Taddune said the Cantrup people have no problem applying the new regulations, and they may want to be considered under the new regulations. Taddune said the best approach is to give the applicants the option to choose between the old and new regulations. Councilman Isaac asked if there is any argument for not using the new regulations. Taddune said the only argument against that would be the integrity of the system. 8 Regular Meeting Aspen _C~.tv Counc' 1 March 10. 1986 Taddune said Council should look at the benefit to the community. Mayor Stirling pointed out the reason for changing these regulations was to benefit the community. Taddune said this application is not going to change. In the Cantrup application, it maybe that the project will be enhanced but the original application was not of high quality. Kaufman pointed out since 1977, there have only been two projects that have actually been constructed under GMP. Councilman Isaac moved to allow the applicant to use the new GMP regulations and the applicants have the choice to use either old or new regulations; seconded by Mayor Stirling. Taddune said the reason this is before Council is that the Cantrup project has agreed not to compete with this application. There are two projects competing in the system for points to make the threshold. Kaufman told Council Cantrup's attorney has said if Sunny Park meets the threshold, he will not contest the ability of Sunny Park to get 4 units. Taddune said the Cantrup application has not been scored, as it was rejected because of zoning violations having to do with housing. Mayor Stirling said Cantrup could chose to be scored under the new or old regulations. All in favor, motion carried. BYERS REQUEST TO USE STREET George Byers told Council he is starting a business of Aspen Historical tours to use one of the skier shuttle vehicles for tours of the historical aspects of Aspen. Byers said he needs to have a viable parking space close to the center of town. Byers told Council he has gone to the CCLC and requested to be able to park on Galena street just east of Rubey park. Byers said CCLC has recommended approval of this request. Councilman Isaac asked if the horse and buggy that parks in front of the Hyman Avenue mall has city approval. Byers told Council he had originally requested to park directly behind the horse and buggy. Byers has determined they operate outside the parking regulations because of the aesthetics of the operation. Byers said he plans to sell the tickets through the Wheeler and through a number of lodges. Byers is requesting permission for the summer only. Assistant City Manager Mitchell said the vehicle Byers plans on using currently parks on the east side of Galena street in the winter for skier shuttles. It would be better located on the west side of Galena in the summer as the Highlands ski buses are not parked there. Councilwoman Fallin asked if these tours would be coordinated with the Historical Society. Byers said he does not plan on formal coordination but 9 Regular Meeting Aspen City -Coc~nc-il March 10 , 198 the tour will show where the Stoll and house is located. Byers said the tour narration will be on head sets, not amplified. Byers told Council he is going through the PUC process. Mayor Stirling said the skier shuttle vehicle is out of character with the proposed tours. Byers said the parking space they are requesting is not currently used as regular parking. Councilman Isaac asked if a route has been decided upon. Byers told Council he cannot proceed with a route until he has approval for a space from which to operate. Byers told Council he plans to charge in the 55 to 510 range for these tours. Councilman Isaac moved to allow parking on the west side of Galena next to Rubey Park from June through September contingent upon an acceptable route and publicizing the route and evaluating it after this summer; seconded by Councilwoman Walls. Councilwoman Fallin said Byers could do this tour without Council' s permission if he operated out of private land. Charlotte Slater asked if the city approves the route for the horse and buggy operations. Ms. Slater said it seems inconsistent to have the city approve the route for one operation and not another. Councilman Isaac said he is concerned about the conflict of this operation with the MAA buses. Councilman Isaac amended his motion to withdraw the part about the route approval; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. SAWMILL TRAIL EASEMENT City Manager Schilling said the staff, PCPA, and Nordic Council have been working on an easement on this property to allow the completion of the Shadow mountain trail system to inter- connect with the Marolt property. Schilling said the purchaser of the Sawmill property has agreed to provide an easement across this property but has requested certain conditions. Schilling said the conditions are outlined but need some fine tuning. Mayor Stirling asked if the Sawmill barn has any historical value. Schilling said the city may offer to make the building available to anyone interested in moving. The historical society has said there is some value in the lumber, and if no one wants the building the city could demolish the building and offer the lumber to the Historical Society. Schilling said it may cost about 52000 to demolish the building. Mayor Stirling said there should be some flexibility about the completion date so that the city does not lose the easement if the construction cannot be completed. Schilling said Dietsch feels if he is cooperating he wants the city to proceed to get the project completed. 10 Regular Meeting Aspen Citv Council March 10, 1986 Councilman Isaac said Mrs. Marolt has indicated she does not want city personnel on her property until August, and it may be difficult to complete the bridge under this restriction. Schilling pointed out the request for proposal, design and bidding process will take until the end of August. Schilling said if the city gets permission in advance from Mrs. Marolt, she will cooperate. Schilling said there is an easement on this property, and no one feels this easement is important to the trails and the recommendation is to remove this easement. Council indicated they are conceptually in favor of the 11 conditions outlined in Schilling's memorandum. Councilman Isaac asked if this is the best alignment for the bridge. Hal Clark said this was the first pick for the Nordic council. ORDINANCE #9, SERIES OF 1986 -Appropriations Councilwoman Fallin moved to read Ordinance #9, Series of 1986; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE # 9 (Series of 1986) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $ 7 5 , 5 0 5 ; APPROPRIATING GENERAL FUND EXPENDITURES OF $83,745; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $36,200; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $3,000 TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $18,314 TO THE ICE GARDEN FUND; RECOGNIZING LAND FUND REVENUE OF $350,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $3,000; APPROPRIATING ICE GARDEN FUND EXPENSES OF $18,314 was read by the city clerk Councilwoman Walls moved to adopt Ordinance #9, Series of 1986, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. UTE MOUNTAINEER GOLF PRO SHOP AGREEMENT 1986-87 City Manager Schilling reminded Council they approved the use of the pro shop at the golf course for a Nordic facility for this winter. Schilling told Council Ute Mountaineer is interested on continuing this arrangement. Schilling encouraged Council to allow staff to enter into an agrement for next winter with the understanding that for the third year, the city will go through a 11 ReQUlar Meeting Aspen City Council March-10, =1986 solicitation process. Schilling said the city did a solicitation for 1985-86, and Ute Mountaineer was the only applicant. Councilwoman Walls moved to allow staff to negotiate an agreement with Ute Mountaineering for the pro shop for 1986-87 winter season; seconded by Councilwoman Fallin. All in favor, motion carried. ASPEN SKI COMPANY REQUEST F6R FUNDS PROMOT-TONAL FILM City Manager Schilling withdrew this request. RESTAURANT_ REQUEST TO U-SE MALL There is a request from one of the restaurants to be able to expand into the mall before the allowable summer season due to the warm weather. City Clerk Koch pointed out that the staff feels there would be problems in determining how much rent would be due and problems with snow removal. Councilwoman Fallin moved not to allow mall use for restaurants during the winter; seconded by Councilwoman Walls. All in favor, motion carried. TRANSPORTATION STUDY ADVISORY COMMITTEE Mayor Stirling said the RFTA wants to form an advisory committee to RFTA to work within the TDP process and would like a councilmember on that committee. Mayor Stirling questioned why another committee is needed. Assistant City Manager Mitchell said part of the process for the TDP update was to have a committee the consultant can work with. It is important to have feedback from the committee so that the TDP has relevance to the community. Councilman Isaac said he would be interested in serving on the community. Councilman Collins suggested someone from the city's traffic committee should be on this committee. Mayor Stirling moved to appoint Councilman Isaac to the advisory committed; seconded by Councilwoman Walls. All in favor, motion carried. SIGN CODE COMMITTEE Mayor Stirling said Council has received a letter from the Board of Adjustment requesting some update of the city's present sign code. Assistant City Manager Mitchell told Council the planning department is working on a code amendment using all the information the sign code committee developed. 12 Regular Meeting Aspen- City eouncil - March 10, 19-86 ORDINANCE #10, SERIES OF 1986 - Banning the Sale of Furs of Wild Animal Obtained by Leg-Hold Animal Traps Councilwoman Walls moved to read Ordinance #10, Series of 1986; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE # 10 (Series of 1986) AN ORDINANCE CODIFYING THE PROHIBITION OF THE USE OF LEG-HOLD ANIMAL TRAPS WITHIN THE CITY OF ASPEN, COLORADO, AS PRESCRIBED BY ORDINANCE N0. 60 (SERIES OF 1982) AND, FURTHER, BANNING THE SALE OF FURS OF WILD ANIMAL OBTAINED BY LEG-HOLD ANIMAL TRAPS was read by the city clerk Mayor Stirling asked if there has been any research to see how many furs would be effected by this ordinance. Karen McLaughlin, city attorney's office, said a preliminary estimate indicates that 6 furs would not be available for sale if this ordinance is passed. City Attorney Taddune told Council the research of his office indicates 6 states have ordinances similar to this. Councilwoman Walls said this is a moral issue. Trapping is an anachronism in the 20th century. Councilwoman Walls said trapping does not distinguish between furs or a deer or an eagle. Councilwoman Walls said it is a shame that trapping is still allowed in this country. Councilman Isaac agreed about the moral issue but is concerned about enforcement of this ordinance. Councilwoman Walls said it is known which animals are trapped and which are ranched. City Manager Schilling told Council the furriers in town are currently engaged in a legal business. Schilling said pelts are acquired and sent to the Orient to be made into coats and it is impossible to tell in a particular coat where the pelts came from. Schilling said the way this ordinance is written, it would apply to anyone selling furs, including the Thrift Shop. Schilling said this ordinance puts the burden of enforcement on the city manager's office. Schilling told Council the fur industry is becoming more sensitive to this issue. Taddune said this ordinance codifies banning the use of leg hold traps within the city as well as selling furs obtained by leg hold traps. Councilwoman Walls suggested removing the onerous enforcement. Councilwoman Walls said she would be interested in making a moral statement rather than actually seizing merchandise. Mayor Stirling suggested removing section (c) from the ordinance. Councilman Isaac said he would like to know what other communities have done. Ms. McLaughlin said in 1970 New York passed a law banning the sale of certain skins and furs, and this 13 Regular Meetinct Aspen City eouncil March 10 , 1986 law was upheld in the court of appeals. Ms. McLaughlin said states have been able to pass laws that are more stringent than the Federal endangered list law. Mayor Stirling said he supports these efforts but would rather make a moral statement . Councilwoman Fallin said she would rather pass a resolutions saying the Council objects to the sale of these furs and to send this resolution to the state legislation asking the state to pass a law banning the use of leg hold traps. Mayor Stirling moved to adopt Ordinance #10, Series of 1986, on first reading amending it by deleting section (c); seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Walls, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to have staff draft a resolution for the next meeting which could be passed on to the state legislature; seconded by Councilwoman Fallin. All in favor, motion carried. GARFIELD COUNTY REQUEST FOR SUPPORT FOR AIRPORT Bob Richardson, Garfield County commissioner, requested Council formally endorse an instrument landing system at the Garfield County airport, located in Rifle. Richardson said the main purpose is for the airport to act as a reliever airport for Sardy field during foul weather as an alternate to Denver or Grand Junction. Richardson said there is a curfew at Sardy field, and the Rifle airport could help in that regard. Richardson requested the Council write a letter to the F.A.A. supporting this request. One of the primary basis for this request is safety conditions. Richardson said they feel there are no downsides to the city or county in this request and no negative economic impacts to the Roaring Fork valley. Richardson said the Pitkin County commissioners have unanimously supported this proposal. City Manager Schilling said this would be a net benefit to the community. Aspen's airport is not eligible for an ILS because of the geography. Richardson said Corporate Aircraft services is willing to discuss a shuttle service. Councilman Isaac asked about the plans for an airport near Carbondale. Richardson said the possibilities for that are nil, and significant monies have been spent on the Rifle airport. Richardson told Council this airport operates a 24 hour service. Mayor Stirling moved to direct staff to write a letter for the Mayor's signature to the F.A.A. supporting this concept; seconded by Councilwoman Walls. All in favor, motion carried. 14 Regular Meeting Aspen Cit,~ Council March 10. 1986 MAA/BALLET JOINT_FACILITY TASK FORCE Mayor Stirling said the committee met and decided that there would be representatives from the MAA and Ballet. There has been a request that the Mayor co-chair this committee. The MAA appointed Fritz Benedict, Ray Adams and Les Anderson; the Ballet appointed Mary Byerly, Richie Cohen and Tage Pederson. Bill Kane has agreed to chair the committee. An agenda has been formed for these meeting. Council decided there should be no elected officials on this committee. Council agreed to provide support staff and space. BOARDS AND COMMISSION DINNER Council suggested this dinner be held before off season and requested the City Manager's office schedule the dinner and send invitations to the Board members. TRANSPORTATION ADVISORY-COMMITTEE ~tEPORT Councilwoman Fallin said she is not in favor of reducing bus service during the off season. Bruce Abel, RFTA general manager, told Council his staff recommendation will be not to reduce service. Abel said looking at the figures, ridership does not decrease during off season as people perceive it. Councilwoman Walls said if the city is trying to encourage ridership, the levels of service should not be cut. Abel said the city bus committee recommended either going to one bus an hour with demand/responsive or a demand response entirely. Abel said there are no cost savings in a demand response system. Abel told Council that ridership is increasing and RFTA would like to continue that trend. Council suggested discussing this March 17th so Council would have comments before RFTA's public hearing. Mayor Stirling said he favors both the recommendation of using Main street as a high frequency corridor as well as using smaller vehicles. CONSENT CALENDAR Councilwoman Walls moved to approve the consent calendar; seconded by Councilwoman Fallin. The consent calendar is liquor license renewals - Crystal Palace; Andres; Minutes February 10, 24, 1986. All in favor, motion carried. MANAGER'S COMMENTS 1. City Manager Schilling told Council he discussed the temporary ice rink with George Pucak, recreation department. Schilling said the rink is not operation yet because of the very 15 Regular Meetinct Aspe~n~_ty council ~ March 10, 198 warm weather last week. Schilling said the ice is very marginal and cannot support a Zamboni. Pucak will open the ice rink tomorrow if conditions are right. Schilling said expenses to date are $8,000 not including labor. The Aspen Foundation has made a commitment to fund $5 , 000 for this rink. Schilling said he feels it was important for the city to go through this experiment. Schilling said if the city is unable to provide a good surface, he recommending closing the rink down and look at other alternatives for the future. Councilwoman Fallin asked if this has been installed in the fall, would it be skateable given this winter's condition. Schilling pointed out on problem is there is significant fall in the park which creates different depths. Schilling said if this had been built up in the fall, it may have been usable. Schilling said the point of this is to find out whether people are interested in using an outdoor rink. COUNCILMEMBER COMMENTS 1. Councilwoman Fallin asked Council to change the April 2nd Little Nell to April lst. Council agreed with that change. 2. Councilwoman Fallin moved to continue the meeting to March 17 at 5 p. m. to have a vote on the preference for the city hall remodel; seconded by Councilwoman Walls. Councilwoman Walls asked that the James E. Moore pool report be added to this agenda. Council man Collins asked that Council discuss the RFTA recommendations. All in favor, motion carried. 3. Councilwoman Fallin said when Council passed Ordinance #35, prior to the independently ventilated part of the ordinance going into effect June 1, Council was going to schedule a review to see how this is working. Council scheduled a review April 7 from 6 p. m. to 7 p. m. 4. Councilman Isaac said Council received a memorandum from the city manager about the debris flow on Aspen mountain. Since spring is approaching, it might be a good time to get going. Councilman Isaac said there may be state or federal monies available for the study. City Manager Schilling said the estimates are higher than originally presented. 5. Councilwoman Walls asked where the lighting and signing program from the Rio Grande to the Art museum is. Assistant City Manager Mitchell said this has been presented to the CCLC, and they are working on getting costs as part of the downtown 1 ighting program. Mitchell said the costs for the museum lighting will be separated out and staff will return to Council for approval. 16 Regular Meeting Aspen City Council - March 10 , 1986 6. Mayor Stirling told Council he received a letter from Cordell Smith, director of division of highway safety. Smith asked the Mayor to commend the community for all the awareness and work on the drunk and drug driving programs. 7. Mayor Stirling said there is a proposed tourism meeting scheduled May 23 and 24 at the Aspen Institute that the Council is being asked to sponsor. Mayor Stirling said he will have more information at the next Council meeting. 8. Councilman Isaac told Council he received an appointment from the Governor to serve on the Colorado Land Use Commission. Councilwoman Fall in moved to continue the meeting to Monday, March 17 at 5 p. m. ; seconded by Councilwoman Walls. All in favor, motion carried. Council left the meeting at 8:40 p. m. ~. f 6~ '~.~ Kathryn S. och, City Clerk 17