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HomeMy WebLinkAboutminutes.council.19860414Regular Meeting Aspen City Council April 14, 1986 Employee Bonus Awards 1 Proclamation 1 SPA AGREEMENT LITTLE NELL 3 CLEAN INDOOR AIR ACT REVIEW 7 UTILITIES UNDERGROUNDING PROJECT 8 COMMERCIAL CORE AND MAIN STREET LIGHTING PROJECT 10 ADDITIONAL BALLOT ISSUES/VOLK UPDATE 10 ORDINANCE #13, SERIES OF '986 - Purchase Shadow Mountain Lot 13 LIQUOR LICENSE TRANSFER - Aspen Mine Company 14 PITKIN GREEN ANNEXATION 14 BIODOME PROPOSAL 16 TRANSFER CITY ASSET TO NORDIC COUNCIL 16 RESOLUTION #10, SERIES OF 1986 - Castleridge Settlement 16 MAROON CREEK HYDROPOWER PROJECT 16 PROPOSED BAVARIAN VISIT CONCERT AT THE WHEELER 17 YEAR ROUND PROMOTIONAL FILM ON ASPEN 17 ORDINANCE #11, SERIES OF 1986 - Organizational Structure 17 RESOLUTION #8, SERIES OF 1986 - Fees for Banners over Main Street 17 APPROPRIATIONS ORDINANCE 18 CONSULTANT SELECTION PROCEDURES 18 ROARING FORK RAILROAD SPA APPLICATION 18 FIRE FIGHTERS GOLF PASS 20 1986 GROWTH, HOUSING AND POPULATION REPORT 20 CITY MANAGER SEARCH 21 23 Regular Meeting Aspen City Council Ap=>> 14. 1986 Mayor Stirling called the meeting to order at 5:05 with Councilmembers Fallin, Walls and Isaac present. Employee Bonus Awards City Manager Schilling said during budget, Council recognized there are a variety of ways of encouraging excellence in the organization. One of these is to draw attention to special performance of employees and Council created a bonus award program. This program has been funded for 1986 and employees are submitted for selection process. Three employees have been submitted to Council. Larry Thoreson, finance department, has been selected for his work on the sales tax collection. Thoreson found what he felt was errors in the state sales tax collection report. Schilling told Council through Thoreson's initiative and diligence the state recognized the errors and the benefits to Aspen are 520,000 to 530,000 per year. Mayor Stirling presented Thoreson a check for 5475 and a certificate of recognition as an outstanding employee. Schilling told Council the second employee to be recognized is Tom Baker, planning office, who has made v ery significant contributions to the community in a very short amount of time. Baker has given substantial effort to the long range planning effort. Baker has completed an open space and trails plan, has made significant impacts on the transportation program. Baker has established a connection with the Snowmass planning office. Schilling said Baker represents a high level of excellence as an employee. Mayor Stirling presented Tom Baker a bonus award of 5400 and an outstanding employee certificate. Schilling said the third employee to be recognized is Darin Brasch, parks department, who, in everything he does exudes excellence and a commitment to his work. Schilling said Brasch has an extraordinary amount of pride in his work and in his employees' work. Schilling said Brasch is an outstanding representative of Aspen's public service. Schilling said the city has received numerous compliments on Brasch's work. Mayor Stirling presented Brasch a check f or 5375 and an outstandin g employee certificate . Proclamation Mayor Stirling read a proclamation supporting child abuse prevention work and proclaiming April 14 - 19 as child protection awareness week. Kate, Pitkin County Social Services, told Council they have a series of events planned for this week and said they appreciate Council's proclamation. 1 Regular Meeting Aspen City Council Apri 14. 1986 CI~I Z EI~fi COMMENTS 1. Mayor Stirling said Council has received a letter from the property owners on Francis street between 8th and Castle Creek requesting an improvement district to pave the present dirt street. City Manager Schilling recommended referring this to the engineering department. Councilwoman Walls moved to refer this request to the engineering debarment; seconded by Councilwoman Fallin. All in favor, motion carried. 2. Mayor Stirling said Council received a letter from Tom Oliver requesting to be designated by Council as a Club 20 representative. Eve Homeyer has been serving on this Board for a number of years, and would like to be relieved of that responsibility. Councilwoman Fallin moved to appoint Tom Oliver as representative to Club 20, and to request Council sent a letter to Eve Homeyer thanking her for representing the city; seconded by Councilwoman Walls. All in favor, motion carried. 3. Councilwoman Walls said Council received a request from the county that the city contribute half the cost of a retirement party for Patsy Newbury, who has worked for the city/county building department for 25 years. Councilwoman Walls moved to appropriate $350 to pay half the cost of the retirement party, and that Council send a letter to Patsy; seconded by Councilman Isaac. All in favor, motion carried. 4. Gideon Kaufman said in the past Council has directed the police department to stop ticketing for timed parking during the off season. City Manager Schilling said last year, the efforts of the traffic control officers were focused on other high priority work rather than timed parking tickets. Schilling said the traffic control officers did write tickets for illegal parking. Councilwoman Fallin said Council got a letter from CCLC who do not want the police department to neglect timed parking because of the retail shops that stay open. Schilling told Council last spring the traffic control officers worked on sidewalk assessment districts, did an audit of the traffic signs. Schilling said the staff is caught between locals during off season and merchants to whom a parking space has a significant dollar value. John Walla, merchant in the core area, suggested enforcing the half hour parking in the core area, and being benevolent in the periphery or hour area. Councilman Isaac said 2 Regular Meeting Aspen City Council. AAril 14, 1986 he would like to know what alternatives there would be for the traffic control officers. Bob Starodoj suggested the possibility of benevolence of not giving two tickets a day during the off season. SPA AGREEMENT LITTLE NELL Mayor Stirling said this agreement reflects the conditions imposed by P & Z and Council and the adjustments made between conceptual and precise plans. Mayor Stirling said the applicants have mitigated against projected problems and have provided benefits for the best interests of the community. Alan Richman, planning director, told Council staff has been working on the final agreement; there are some language clarifications as well as some additions to the agreement. Richman said the purpose of the SPA agreement is to provide written guarantee of all the improvements to the site and to provide financial guarantees that these improvements will be adequately installed. The agreement incorporates all the representations made by the applicant to insure that the project presented to Council is the project that gets built . Richman told Council the SPA agreement also sets the development regulations including use, area and bulk requirements f or the site, which are set out in Section I. Richman said there is a variation for open space, which variation is the way open space has been calculated to allow open space to be counted which is above 4 feet above grade. Mayor Stirling asked if there will be public bathroom facilities at Little Nell. Peter Forsch, Skiing Company, said there will be public facilities. Richman pointed out there is one use variation and 3 area and bulk variations for trash access, FAR, and open space calculations. Section III contains the construction schedule. There will be some demolition on site. Richman said he had hoped the maintenance facility would be demolished this year; however, shipping and receiving will have to occur in this facility until the hotel is built. Richman said this section provides the city engineer and building official to work with the construction contractor to coordinate the construction schedule and to insure the proper staging occurs. Councilman Isaac said he is concerned that Spring street be available for access during construction. Forsch said they hope to keep it open 95 percent of the time. This will be finished and repaved by Memorial day. Forsch said they have discussed this with surrounding property owners, who are aware of the impacts. Mayor Stirling asked about the impacts on Spring street during the major demolition in phase 2. Forsch said they have not gotten into a detailed construction schedule for phase 2. 3 Regular Meeting AspenCity Council April 14t 1986 Richman said the landscaping plan for phase 1 is incorporated in this agreement. This plan indicates the temporary improvements for Dean street, Hunter street, the west wing under construction, and the gondola terminal building built. Mayor Stirling asked how much paving and planting will be involved. Bill Kane said sheet 4 exhibit 2 shows everything that will be installed. The existing planting on the west side of Hunter street will be preserved and the balance will be paved with asphalt. Richman told Council the final landscape plan has not been agreed upon and the Council will be reviewing this plan prior to construction of the hotel phase of the project. Richman said Section V is to assure the improvements will be installed by having money available to make sure they are of adequate quality. This covers the utility, mall and landscaping improvements. Richman said the Code states the city may require 125$ of the landscaping costs to provide for maintenance during the first few years. Richman said staff feels phase 1 should be covered at 100 percent. For phase 2, the applicant has provided language that the amount could be updated. Councilman Isaac asked if the landscape figures are adequate. Jay Hammond, city engineer, told Council he will review the figures in detail. Forsc h told Council these are actual bid numbers that the applicant has signed a contract for. Richman said Section VI covers employee housing which was set by Council as part of the precise plan approval. The applicant will deed restrict two rooms at the Holiday House associated with the gondola and 15 rooms at the Holiday House associated with the hotel. This section provides a mechanism for the city to receive these deed restrictions. Mayor Stirling asked when the upgrading of the Holiday House would occur. Forsch said the applicant plans to do most of the work this summer. Richman said this agreement should include the timing of the employee units. Richman said Section VII covers parking, 46 spaces are required as part of the master plan and 118 parking spaces will be provided on-site. Councilman Isaac said he f eels 46 spaces are vastly inadequately for the gondola and present operation. Mayor Stirling said he is glad to see the inclusion of the statement that the applicant indicates a willingness to consider providing additional parking spaces is a structure is built proximate to the ski lifts. Forsch said the applicant will contribute to those 46 spaces in a city parking garage or build them independently. Councilwoman Fallin asked about the 30 parking spaces at lift lA previously discussed. Richman said these are not included in the agreement because the commitment required in the county's resolution has been followed through by the applicant . The commitment to maintain these spaces or replace them underground is attached to the land. Richman said there 4 Reaular Meetina - Aspen Citv Council April- 14, 1986 will be a letter between the city and the applicant recognizing this condition has been met. Richman told Council Section VIII deals with site improvements the applicant has committed to. These are areas that improvements are occurring to public facilities. Richman said these deal with water, sewer, fire protection and have been checked out with the appropriate agencies. Richman said there will be some minor language changes. Mayor Stirling urged the applicant to readdress its existing ski passport and suggested it be made more affordable. Mayor Stirling pointed out there will be improved circulation on both Aspen and Snowmass ski areas. Mayor Stirling said the applicant has an opportunity to create good will locally, and the applicant should be sensitive to that. An unaffordable pass does have an adverse impact on the local employees. Mayor Stirling pointed out the Ski Company does do some significant things, like the Aspen Foundation, the Winternational event and public service passes. Mayor Stirling said there is a chance for the ski passport to be affordable. Mayor Stirling said the objection to a season pass because of access to the mountain is no longer true. Mayor Stirling suggested the pass be available to every employee, not just those belonging to a certain organization. Jerry Blann, Skiing Company, said he feels the applicant has made strides in going with the ski passport. The applicant intends to move slowly with this. The mountains do have a finite capacity and the applicant wants to maintain the quality ski a xperience for the guests. Blann said the applicant cannot give a commitment that the price of skiing will go down. Blann said costs are increasing in the community, and one reason is the city's code process. B1 ann said these costs of the process are very significant. Blann said the Skiing Company will continue to try to make recreational activities available at a more affordable price when and if the capacity is available. Blann told Council the Skiing Company will discuss variations of the passport. Mayor Stirling asked about the rebate to employees who do not have access to the rebate because the businesses do not belong to the ARA. Blann said the applicant feels very strongly that this resort needs a concerted resort effort in marketing and central reservations and the applicant wants to support the ARA in any way possible. Richman said Section IX covers commitments made by the owner throughout this process. Richman suggested the applicant add the commitment to an auto taxi dropoff at lift lA and commitments to have vans, valet parking and employee shuttles. Richman said these will be added to this agreement. Richman told Council the one area of disagreement is paragraph 6 regarding improvement 5 Regular Meetnq__ - Aspen Citv Counc~ April 14 ._ 1986 district. Mayor Stirling said the applicant has committed to participate in the lodge improvement district. City Attorney Taddune told Council this language is in all subdivision applications. Forsch said this section was not discussed in any part of the approval process. The applicant has committed to participate in the lodge improvement district, which is sorely needed. The applicant is objecting to their inability to hav e any say so in the extent of the improvement district. This section eliminates any ability to react within the process. This paragraph forces the applicant to joint on demand of the city any special improvement district or to reimburse the city on demand. Forsch said the improvement list includes, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, and recreation facilities and parking. Forsch said it is onerous to expect the applicant to give the city the right to do any improvements and then have the applicant pay for them. City Attorney Taddune suggested giving the applicant the ability to protest the assessment and to delete language regarding reimbursement. Forsch said the applicant is willing to make a commitment and to participate to the degree other property owners would. Taddune said this language could be refined. Richman said Council could approve this agreement subject to f final ization of the language by the staff . Councilman Isaac said he would like to see the final document. Mayor Stirling suggested voting on the concept of the agreement and if Council approves the language f or this section, then it need not return to Council. Councilman Isaac agreed with that approach. Taddune said the applicant wants to be able to object if they feel the city's assessment is unreasonable. Mayor Stirling said he is interested in looking at different language for this section, and have staff circulate it to Council and deal with the SPA agreement tonight. Councilman Isaac said he would like the agreement to include a statement by the applicant that the drop off area will be staffed. Forsch said he f eel s thi s area should only be staffed in the winter. Mayor Stirling agreed it should be during ski operations. Richman pointed out any action Council takes should be subject to the final adoption of Ordinance X53, Series of 1985. Richman told Council the rest of the agreement is standard language. Mayor Stirling moved to approve the SPA agreement for the Little Nell base development including a growth management allocation for 92 lodge units, change of use approval for employee housing at the Holiday House, and the specially planned area conceptual plan approval and precise plan approval, subject to final approval of all language, particularly in paragraph 6, page 24, Section IX (a) , and that this be final approval to be signed by 6 Regular Meeting Aspen City Council April 14. 1986 the Mayor once the language is acceptable to staff, and the above paragraph be circulated to Council; seconded by Councilman Isaac. Hans Gramiger maintained there is too much going on on this site. Gramiger said discussing the trade off between a gondola and a hotel is wrong. The gondola is a corporate decision to upgrade Aspen mountain and has nothing to do with the hotel. Gramiger said the applicant has to earn points by doing somethin g extra for the public benefit. Gramiger said the gondola building will be an offense. Gramiger said the top of the mountain will hav e an additional 14,000 square feet of building to house the gondola cars. Gramiger proposed the Little Nell gondola 1 ift be undergrounded and the parking for the gondola cars be under ground. Gramiger illustrated that the gondola building will obstruct the only remaining open space on Hunter street. Gramiger proposed to lower the building 17 feet with the loading platform at the same level as Durant and Dean streets and the gondola cars would come out through a tunnel. Gramiger said with his plan, everything would be underground. Forsch said an underground building would preclude any repeat skiing. Forsch said he does not feel having a subgrade building makes sense. Kaufman said the height and location of the gondola building works best Mayor Stirling said that paragraph 6 of the agreement has to be accepted by Council, and the amended language should be given to Council as soon as possible. Mayor Stirling said Council could continue this meeting to April 21 to approve this language if needed. All in favor, with the exception of Councilwoman Walls. Motion carried. CLEAN INDOOR AIR ACT REVIEW Mayor Stirling said Council has had a work session on this ordinance to review whether it has worked and to make a decision on whether to go ahead with phase 2. The environmental health department did a survey of restaurants and retail outlets. This discussion is to decide about phase 2. Lee Cassin, environmental health department, said the restaurant association feels the survey did not adequately address phase 2. The primary intent of the survey was to find out if businesses had been effected by this law. The survey shows there is very little impact on restaurants and retail stores. Councilwoman Fallin said she has a problem with constructing a separate area with separate ventilation. This will be an impact on the restaurants and will be very costly. Councilwoman Fallin said she feels the sections has worked well and would prefer it stay the same. 7 Regular Meeting Aspen -City Council April 14. 1986 John Walla, restaurant association, said they would like to make the law work, and phase 1 has worked well. Walla told Council the restaurant association has contacted all the restaurants to see how they feel about phase 2. Walla said the restaurant association opposes phase 2. Walla said they would like a further work session with all Councilmembers present. Wall said they have talked to 47 restaurants; two support phase 2, 2 don't care or have not decided. Walla said the restaurant business is a very important segment of Aspen's economy. Mayor Stirling moved to have a work session April 21 at 4 p. m. to hear more details from the restaurant association; seconded by Councilwoman Fallin. All in favor, motion carried. UTILITIES UNDERGROUNDING PROJECT Chuck Roth, engineering department, said the undergrounding project will take undergrounding to property lines. From the property line to the structure is the responsibility of the property owner. Roth told Council for the city to insure the services do happen the best way is to form an improvement district. Roth said this is a two year project using funds generated from the city's utility fund. Roth said this recommendation to form an improvement district is to get undergrounding to the users. Mayor Stirling asked if this improvement district would be for the entire city or just the city's service area. Roth said this is for service drops for the city, Holy Cross, Mountain Bell, Canyon Cable. Councilman Isaac said he feels this is the most equitable way to deal with everyone, and the city will know this project will get done. Councilwoman Fallin asked about the liability about the city doing the digging. Clem Kopf said the city should hire a contractor to insulate themselves. Kopf said this district will be by actual cost and could be spread over a period of time. Kopf said this motion is just to form the district. There will be time to adjust the master plan and the details. Councilman Isaac moved that a special improvement district be formed for the purpose of undergrounding service connections in conjunction with a five year plan to underground all of the aerial utilities in the city of Aspen; seconded by Councilwoman Walls. All in favor, motion carried. Roth said the Council has discussed the city could ask for transformer easements as a donation. The drawback is people who donated easements may be unhappy to hear that other people had been paid for easements. Roth proposed the city should offer to pay for easements based on the zoning of the property, and also to provide alternatives such as donations to elderly 8 Reaular___Meetina AsAen Citv Councri.l AAr~ it 14. 1986 undergrounding services, landscaping or fencing around the transformer . Mayor Stirling asked the justification for the amounts. Roth said these are based on appraisals. C1 em said a permanent easement of 36 square feet would be required. Councilwoman Fallin moved that property owners be offered payment for easements based on 533/square foot in R-6, RMF and office zones; 513/square foot in R-15 and 555/square foot in- the L-3 zone; seconded by Councilwoman Walls. All in favor, motion carried. Roth said the engineers' recommendation is to underground the main feed system on Garmisch followed by undergrounding the distribution system in the west end of town in 1986, followed by undergrounding the east end of town in 1987. Kopf told Council Holy Cross will be discussing with their Board undergrounding their utilities in the west end. Holy Cross has not made a commitment yet. They will underground the overhead line along the base of Shadow mountain during 1986 construction season. Mayor Stirling asked what the chances are of doing undergrounding simultaneously. Kopf told Council the territories are separated by areas, and there is no particular engineering reason for Holy Cross to do that. Kent, Holy Cross, said the west end would be a good area to start underground, but they will have to discuss this with their Board. Councilwoman Walls moved that the consulting engineers' recommendations for the order of construction be followed; seconded by Councilwoman Fallin. All in favor, motion carried. Roth said the next item is formal acceptance of the master plan proposed by Banner and Kopf and Kopf. Clem Kopf told Council he missed one item in the bid, which are the wires to the street lights. Kopf said the wires are very fine and hard to see. The estimate of $2,400,000 did not include trenching and burying this wire. The light poles will have to stay. Kopf said this will cost 540,000 for the west end part, and recommended leaving the wire. Councilman Isaac said he feels it is worth the 540,000 to underground the wires at this time. It is not consistent with the program to leave these wires up. Councilman Isaac moved to accept the preliminary master plan as presented and engage Banner Associates in association with Kopf & Kopf to perform the final design and construction management of the utilities undergrounding project and that the wires to the street lamps be placed underground; seconded by Councilwoman Fallin. All in favor, motion carried. Roth told Council there may be a funding problem between the undergrounding project and the street lighting project. Roth 9 Regular Meeting Aspen City Council April 14, 1986 told Council the city is anticipating getting some economic participation for sharing the trenching costs with Canyon Cable. Roth said the city has a clear agreement with Canyon Cable, and does not have one with Mountain Bell. Roth said staff is discussing this with Mountain Bell. Mitchell recommended Council approve the first year of undergrounding, and let staff return with a program of how to fund this. Mayor Stirling moved that X1,600,000 funding out of the bonds be allocated to perform the design services, acquisition of material and construction of the utilities undergrounding project for phase 1 for the year 1986 as presented in the preliminary master plan; seconded by Councilwoman Walls. All in favor, motion carried. COMMERCIAL CORE AND MAIN STREET LIGHTING PROJECT Assistant City Manager Mitchell told Council the CCLC conducted interviews and had requests for qualifications. The CCLC is recommending the award of construction manager to Banner Associates/Ropf & Kopf and $85,000 to get started on this program and finalize the costs. Mayor Stirling agreed the city should keep moving on this project. Mayor Stirling moved to accept the proposal from Banner/Kopf & Ropf to provide construction manager services for an amount of $75,295 plus up to $10,000 in addition testing services if necessary and to appropriate that amount from the 1985 G.O. electric bond; seconded by Councilwoman Fallin. Councilman Isaac asked what optics testing is. Kopf said one of the proposal suggests to test the optics on some of the fixtures. Kopf said some of the fixtures are hybrid and he feels these should be tested. Kopf told Council if the testing on this hybrid fixtures meets the CCLC'S needs, that will be the end of the testing. If they don't other tests may have to be done. The testing may only cost $1,000; the $10,000 is a topset figure. Kopf said CCLC has a preferred fixture, and his concern is whether this fixture provides adequate safety and 1 fight on the ground. All in favor, motion carried. ADDITIONAL BALLOT ISSUES/VOLK UPDATE City Attorney Taddune said he feels Councilwoman Fallin can participate in the ballot issues discussion. Mayor Stirling asked for an update on the Volk property. There is an election schedule for June 3, and the media has reported that demolition will start prior to that. Assistant City Manager Mitchell told 10 Regular Meeting Aspen City Counc~ April 14, 1986 Council he talked to Volk, and demolition and excavation will occur prior to the election. Mitchell told Council in order for the Volks to have the necessary construction done before winter, they have to follow a strict time schedule. Mitchell said the Volks have their approvals, and if they delay the schedule they will not get the building done. Mayor Stirling said if demolition and excavation are occurring on site, this will have an effect on voters. Mitchell told Council he brought that up specifically, but Volk feels he has to stick to his plans. Mitchell said Volk may take an appeal from Council more strongly than his. Councilwoman Walls said Council does not have any business asking Volk to change his decision. Councilman Isaac said if the community votes to buy this property, what the city has bought is a hole in the ground. Councilwoman Walls pointed out the gas tanks have to be removed in either case. Councilman Isaac moved to urge Mr. Volk to hold off on any demolition and excavation until after the results of the election; Stephanie Davis, lessee on this property, said if Volk demolishes, the city will not have the option of leaving the businesses and collecting sales tax and rents to help pay for the cost of the property. Councilwoman Walls said the city should not be in the business of renting commercial space in competition with other landlords. Councilwoman Walls said if the city purchases this property, it should be made a park. Open space implies no building. Mitchell told Council the Volks have removed the offer they previously made. City Attorney Taddune read a proposed question from bond counsel, "Shall the city Council issue revenue bonds and pledge the city's sales tax as security therefor in a principal amount not to exceed $1,200,000 bearing interest at a rate not to exceed $ per annum maturing over years from the date of issuance, in order to finance the purchase or other acquisition of property known as the Volk property at a price not to exceed $700,000 but not in excess of some figure to be determined, on such terms as the City Council shall deem appropriate". Mayor Stirling said the price has to at the minimum 5750,000. Councilwoman Walls said the price has to be what the Volks are willing to accept. There is no point asking people to vote on a price that is not realistic. Taddune said he would like these ballot issues discussed at the April 21 meeting. All in favor, with the exception of Councilwoman Walls. Councilwoman Fallin abstained. Motion carried. 11 Regular .Meeting Aspen Citv Council Aril 14. 198 City Manager Schilling presented another ballot issue. During budget discussions Council agreed with the concept of a serial tax. Schilling said it may not be technically necessary to refer this question to the voters, but it would be prudent to get a sense of the electors. Schilling suggested Council submit to the voters a 5 year 1.5 mills increase for the restricted purpose of street improvements, street repairs and street maintenance. Schilling said this fund should increase annually. Schilling said the city did not receive a very positive reaction to the chip seal program last summer. Schilling said chip and seal was to make the money go as far as possible. Schilling said he feels people would be sympathetic to street expenditures. Councilman Isaac asked if 1.5 mills for 5 years is adequate. Schilling said this assumes the city would continue to budget for the streets department the same level they have been doing. Councilman Isaac asked how much this would cost property owners. Schilling said he would figure that for the next meeting. B i 1 Dunaway said he feels it would be important to add to the ballot question that the streets department budget would not be cut or eliminated or spent somewhere else. Councilman Isaac said he is concerned about combining this mill increase with an election question about spending 51,200,000 on the Volk property. Schilling said this can be done without a vote, but it would have to be approved annually and does not allow the staff to do long range planning. Councilman Isaac said he would like to see a 5 year program. Schilling said if that is a contingency of putting this to an election, Council will have to wait for another election because this would require a lot of staff time. Councilman Isaac said the city should have a plan outlining what the city will do. Councilwoman Walls agreed the city should know what the mill increase will raise and what the city intends to do with the money. Mayor Stirling questioned whether this work ought to be done within the context of the capital improvement plan. Councilwoman Walls said the justification of using a mill levy is it benefits a property owner to have the streets paved in front of their property. Councilwoman Walls moved to add this question to the ballot for the June 3 election; seconded by Councilwoman Fallin. Councilman Isaac said he would like to see the question have more information. Councilwoman Fallin suggested having a simple question for the ballot with additional information underneath the question. All in favor, with the exception of Mayor Stirling. Motion carried. 12 Regular Meeting Aspen City Council Apri 14, 1986 Councilman Isaac moved to read Ordinance #12, Series of 1986; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE # 12 (Series of 1986) AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ONE (1) PRECINCT FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 3, 1986, AND SETTING FORTH THE DESCRIPTION OF THAT PRECINCT was read by the city clerk Councilwoman Walls moved to adopt Ordinance #12, Series of 1986, on first reading ; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Walls, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #13, SERIES OF '986 - Purchase Shadow Mountain Lot Councilwoman Walls moved to read Ordinance #13, Series of 1986; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #13 (Series of 1986) AN ORDINANCE APPROVING AN AGREEMENT TO PURCHASE REAL ESTATE AND TO ACCEPT GIFT OF REAL ESTATE BETWEEN THE CITY OF ASPEN, COLORADO, AND FRANR J. WOODS, III, THOMAS E. RAFAEL, AND FREDERICK HEAD, SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE CITY AGREES TO PURCHASE THAT REAL PROPERTY DESCRIBED IN SAID AGREEMENT FOR THE PURCHASE PRICE OF 5115 , 0 00 .00 AND UPON WHICH THE CITY AGREES TO ACCEPT A DONATION OF THE DIFFERENCE BETWEEN THE PURCHASE PRICE AND THE APPRAISED FAIR MARKET VALUE OF SAID REAL PROPERTY IN THE AMOUNT OF $35,000.00 AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Mayor Stirling brought up the clause that the purchase price shall increase 55,000 after April 30 until closing occurs. Bob Hughes told Council this clause has been removed from the agreement. Councilwoman Fallin moved to adopt Ordinance #13, Series of 1986, on first reading; seconded by Counc ilwoman Walls. Roll call vote; Councilmembers Walls, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. 13 Regular Meeting Aspen City Council Ap~j~ 14, 1986 LI UOR LICENSE TRANSFER - Aspen Mine Company Bill Burwell, applicant, told Council he plans to run the operation the same as it has been run. Councilman Isaac moved to approve the transfer of the Aspen Mine Company liquor license to William Burwell; seconded by Councilwoman Fallin. All in favor, motion carried. PITKIN GREEN__ANNEXATION City Attorney Taddune told Council the applicants are interested in annexation to take advantage of the city's R-30 zone in the city. Taddune said staff has reviewed the petition, resolution and ordinance and they are in order. Michael Lipkin, representing the applicant, told Council there is a more liberal reading in the FAR in the city as well as the fact when the Pitkin Reserve area was annexed, it was thought this was not a developable lot and it was left it in the county. Lipkin said he would 1 ike to include this lot as part of Pitkin Reserve subdivision. Lipkin told Council Pitkin Reserve was initially a PUD and they dedicated 19 acres of open space to the city and county. This was figured into the FAR used for the 6 residential lots. These 6 lots had an FAR of 6724 per lot. Had lot 7 been included in the original annexation, it too would have had an FAR of 6724 square feet. Lipkin told Council the original PUD application was for 12 lots and has been reduced to 6 lots. Lipkin told Council he has informed Pitkin Green homeowners of his intent to request annexation. Lipkin said he is interested in annexation as quickly as possible. Lipkin outlined the annexed area of Pitkin Reserve and the location of lot 7. Councilman Isaac asked if the wells located on lot 7 would be given to the city. Lipkin said these cannot be given to the city because they are the water right of the Pitkin Green subdivision. Bob Hughes, representing the applicant, said Council should determine whether the property is eligible for annexation and meets statutory guidelines. If Council finds this is the case, Council can schedule a hearing. Taddune said if Council finds the petition for annexation sufficient, Council could pass an annexation ordinance on first reading. If Council finds the petition not sufficient, it can be set for public hearing. Councilwoman Fallin said in light of the city's annexation policy, she is not inclined to consider this annexation. Assistant City Manager Mitchell said Pitkin Green has voiced opposition, and the staff needs to talk with them to see whether the entire subdivision could be annexed. Hughes said that action would kill their pending sale. 14 Regular Meeting _ Aspen Citv Council April 14~ 198_6 Mayor Stirling said one of the items identified in the city's annexation study is to be consistent with county zoning so the city is not giving greater density to properties to be annexed. Mayor Stirling said he is not interested in annexing for the purpose of a density bonus. Mayor Stirling said he would be interested in having a hearing so the Pitkin Green residents could be heard from. Mayor Stirling said the Council has been working on an annexation philosophy for over a year and should not erode that philosophy. Mitchell said he is concerned about alienating the Pitkin Green subdivision. Mitchell told Council initially Pitkin Green not interested in annexation, but are willing to hear the pros and cons of annexation. Art Daily, representing Pitkin Green, said Council can pass a motion stating they are not interested in annexation of this lot. Daily said this proposed annexation directly contradicts the annexation philosophy of the city. Hughes said when they created the Pitkin Reserve, they did not focus on the development capabilities of lot 7, and it is unfortunate it was not annexed with the rest of Pitkin Reserve. Hughes said the planning office writes that this annexation makes sense; this lot has never been part of Pitkin Green, and is accessed through Pitkin Reserve. Hughes said regarding the orderly development the private covenants of Pitkin Green will still be in effect. Larry Yaw, Board of Trustees of Pitkin Green, told Council they are concerned about this request that this lot will have a different set of rules than the lots located in Pitkin Green. Yaw said Pitkin Green, including this lot, needs to be considered as a whole. Mayor Stirling said he would be interested in having a public hearing April 28 on this annexation request. Hughes said the statutes require a hearing not less than 30 nor more than 60 days after the effective date of the resolution. Mayor Stirling pointed out if this lot were in the city, the FAR would be about 2,000 square feet more than in the county. Taddune pointed out Council does not have a resolution to set such hearing. Glenn Horn, planning office, told Council the procedure the staff wants to follow for annexation is not clear in the state statutes. Horn told Council it is their recommendation to pass a resolution to send this application back to P & Z for their study. At that time, Horn would write a memorandum analyzing this in the context of the overall annexation and have the P & Z pass on a recommendation to Council. Councilwoman Fallin stated she is not inclined to annex one lot in light of the city's pending annexation policy. Councilwoman Fallin pointed out one of the problems with areas like Pitkin Green is if or when they are annexed, they have no protection from the increased density. 15 Regular Meetinq__ Ashen Citv Council A,pr~-7 14. 1986 Lipkin told Council Pitkin Reserve was originally a 12 unit subdivision on 26 acres. It is now 6 units with 19 acres of deeded open space. Had this lot been annexed with the rest of Pitkin Reserve, it would have had an FAR in excess of 6,000 square feet. Lipkin said even with the maximum city FAR, it would be smaller than anything built in Pitkin Green in the recent years. Councilman Isaac moved to ask the city attorney to draft a resolution stating the city is not interested in annexing this property as it is not in the city's interest to do spot annexation with the current annexation policies; seconded by Councilwoman Fallin. Hughes said this lot is more closely associated with the Pitkin Reserve subdivision than the Pitkin Green subdivision. Hughes said the increased FAR is a benefit they would like to avail themselves of. Councilman Isaac said he does not feel it i s appropriate to give this lot a better build out potential than the lot next door. All in favor, with the exception of Mayor Stirling. Motion carried. BIODOME PROPOSAL Mayor Stirling moved to table this to April 28; seconded by Councilman Isaac. All in favor, motion carried. TRANSFER -CI~'Y ASSET TO NORDIC COUNCIL Councilwoman Fallin moved to approve the transfer of title on the 1975 Ford stakebed truck to the Nordic Council; seconded by Councilwoman Walls. All in favor, motion carried. RESOL~TI~N X10, SERIES OF 1986 - Castleridge Settlement Councilwoman Walls moved to approved Resolution #10, Series of 1986; seconded by Councilman Isaac. City Attorney Taddune told Council this is a significant amount of money, and once Council approves this resolution, he will try to get it to the city as quickly as possible. All in favor, motion carried. MAROON CREEK- HYDROPOWER PROJECT Councilwoman Fallin moved to table to April 28; seconded by Councilman Isaac. All in favor, motion carried. 16 Regular Meeting Aspen City Council April 14 f 1986 PROPOSED BAVARIAN VISIT CONCERT AT THE WHEELER Mayor Stirling is requesting a free concert at the Wheeler Opera House Tuesday, May 20, with a pianist traveling with the Bavarian delegation. Bob Murray, Wheeler Director, told Council the expenses will be minimal as this is the city's hall. The expense would be about $65 for piano tuning. Mayor Stirling sai d Hildegarde Stende played for the M.A.A. and Winter Concerts when she was here in March. Councilman Isaac asked if there would be staff costs. Murray said the city staff would be there anyway. Mayor Stirling told Council the Winter Concert series have agreed to handle the publicity. Mayor Stirling moved the city and Wheeler Board make the Wheeler available for a free concert May 20, 1986, at 7:30 p. m.; seconded by Councilwoman Walls. All in favor, motion carried. YEAS ROUND PROMOTIONAL FILM ON ASPEN Mayor Stirling suggested this would be more appropriately discussed in the 1987 budget. Mayor Stirling said he would 1 ike to pursue this program before the budget hearings. Councilman Isaac agreed Council should look at this in comparison with other requests for city money. Councilman Isaac said he would like to know the use of the film, where it would be shown. ORDINANCE ~-i1L SERIES OF 1986 - Organizational Structure Councilman Isaac moved to read Ordinance #11, Series of 1986; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #11 (Series of 1986) AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO ORGANIZE THE EXISTING CITY DEPARTMENTS INTO FIVE AGENCIES, TO BE KNOWN AS "PLANNING AND DEVELOPMENT AGENCY" , "PUBLIC SERVICES AGENCY", "PUBLIC SAFETY AGENCY", "ADMINISTRATIVE SERVICES AGENCY" AND "LEISURE SERVICES AGENCY" was read by the city clerk Councilman Isaac moved to adopt Ordinance #11, Series of 1986, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Walls, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. RESOLUTION ~8, SERIES OF 1986 - Fees for Banners over Main Street 17 Regular Meeting Aspen City Council April 14. 1986 Councilwoman Fallin moved to table this to April 28; seconded by Mayor Stirling. City Manager Schilling said staff has been accepting this fee structure since Council's action and would like this resolution passed. Councilwoman Fallin said she initiated the X50 fee and has received numerous complaints. Councilman Isaac said he would prefer to have no fee because it is asking organizations that Council contributes to to contribute back to the city. Councilwoman Fallin and Mayor Stirling in favor; Councilmembers Walls and Isaac opposed. Motion NOT carried. Councilman Isaac moved that the city not charge for hanging banners over Main street. Motion DIES for lack of a second. Councilwoman Walls moved to approve Resolution #8, Series of 1986; seconded by Mayor Stirling. Councilwoman Walls and Mayor Stirling in favor; Councilmembers Fallin and Isaac opposed. Motion NOT carried. Mayor Stirling moved to table this to April 28; seconded by Councilwoman Fallin. All in favor, with the exception of Councilwoman Walls. Motion carried. Mayor Stirling suggested having people that have complained about this present at the next Council meeting. APPROPRIA~'IOi~S ORDINANCE Councilwoman Fallin moved to table to April 28; seconded by Mayor Stirling. All in favor, motion carried. CONSULTANT -SELECT ION PROCEDURES Mayor Stirling questioned the administrative regulation and asked if Council initiates the process. City Manager Schilling said Council does that during the budget. Mayor Stirling said it is not clear that it takes Council's action to initiate the process. Councilwoman Fallin said she would like additional time to discuss this. Mayor Stirling suggested discussing this at the April 25 work session and the April 28 agenda for final action. Councilman Isaac said when the city wishes to hire a consultant, they have to advertise. Schilling said only when the fee exceeds $5,000. Councilman Isaac said this could delay some precesses. ROARi-NG FORK RAILROAD SPA APPLICAT-ION Tom Baker, planning office, said this city to be a co-applicant on the Rio Council when the concept plan for the applicant is asking the Grande site. Baker told Rio Grande is formalized, 18 Regular --Meeting Aspen City Council April 1~4. 198 the city will be an applicant as well as the Roaring Fork Rail road. Baker said the idea of using the conceptual SPA for public hearings is a good one. The city should not get into a situation where there is a project driving a plan rather than having a plan drive the project. Mayor Stirling said there is no plan for the Rio Grande property at this time. Baker said staff can show all the options with or without the railroad station. Bil Dunaway said if the city is a co-applicant, it would indicate the city wants to get rid of the Rio Grande trail, which is one of the most popular trails in the city. Councilman Isaac said he would be willing to look at this application but does not necessarily agree with it. Councilman Isaac said maybe the station should be at Woody Creek, where the tracks end. Sunny Vann, representing the applicants, said without Council's permission to submit an application, the project is dead in its present configuration. Vann pointed out there are many issues involved, like relocating the trail and the city's water line. Vann told Council the applicants got the idea from various proposals made there was a desire to consider this proposal. This is not a commitment on the city's behalf to approve the project, but an opportunity , to air the issues. Vann said he understands the planning off ice is in the middle of a TDP as well as looking at the Rio Grande. Vann said it is possible these issues could dovetail, and railroad issue could go to the voters in August. Vann said the applicants would like the railroad to come into town; however, if problems surface during review indicating this is not practical they may look at something else. Mayor Stirling moved to initiate the review process in tandem with the Roaring Fork Railway Company and have staff carry forward with proper procedure; seconded by Councilwoman Walls. Baker said it is premature for the city to want to be a co- applicant until the city knows what is needed at the Rio Grande. Baker said there is no implied acceptance of rail facilities at the Rio Grande. Glenn Horn, planning office, said the applicants would 1 ike a sign from Council to give them permission to submit an application on land which is controlled by the city. Mayor Stirling withdrew his motion. Mayor Stirling moved to encourage the Roaring Fork Railroad to approval the planning office and begin the SPA process; seconded by Councilwoman Walls. All in favor, with the exception of Councilmembers Fallin and Isaac. Motion NOT carried. 19 Regular Mee-tins Aspen City Council April 14.- 1986 Councilwoman Fallin said at this point, she would like to avoid a conceptual SPA process. Councilwoman Fallin said she is in favor of the railroad going to Woody Creek. Councilwoman Fallin said she would like to see a step prior to the entire SPA process. Baker said Council should have input from the applicants, who are asking only to be able to apply on city-owned land, with no other commitment. Mayor Stirling said this would in no way commit the Council to utilization of city-owned property but will enable the applicant to start the process. Mayor Stirling moved to encourage the applicant moving forward to the planning department and beginning the process; seconded by Councilwoman Walls. All in favor, with the exception of Councilwoman Fallin. Motion carried. Bil Dunaway pointed out a lot of people come to the city with ideas and suggested it would be wise to find out how solid these applicants are. This is a very expensive project. Vann said the conceptual SPA process is no more than an explanation of the concept, depicting the amount of land that would be required, and the basic facilities. At that time, Council can decide whether or not the project has merit or not. FIRE FIGHTERS GOLF PASS Mayor Stirling said the fire department had requested unlimited passes. Mayor Stirling said this would create too much potential use and would unbalance the local and tourist use. Mayor Stirling suggested a compromise of 3 additional punch cards. Mayor Stirling said he feels the fire department deserves some recognition, and of all the taxing groups they are the only ones not on salary. Councilman Isaac said the firemen do risk their lives for no salary. Assistant City Manager Mitchell suggested Council grant money to the fire department to buy these passes so the golf course does not loss any operating funds. Mayor Stirling moved that the city purchase 3 punch passes for the Aspen Volunteer Fire Department; seconded by Councilman Isaac. All in favor, motion carried. 19$6 GROWTH i HOUSING AND POPULATION REPORT Tom Newland, planning office, said the rate of growth and its effect on the Roaring Fork Valley has been an important topic of discussion since the inception of the growth management quotas. Newland said this is the first time growth, housing and population reports have been in one text. Mayor Stirling asked the population of Aspen. Newland said 4570 permanent and 830 seasonal residents for a total of 5400. Glenn Horn, planning off ice, told Council the permanent population is about 1/3 the ZO Regular Me~tin~_ Aspen Citv Council Axe 4l 198 total of the peak population. Council commended the staff for this report, which contains a lot of good information. CITY MANAGER SRARCH Mayor Stirling said the city is advertising for the position in various publications. Councilmembers Fallin and Isaac have been designated to handle, receive and organize the applications. COI~EN~ CAL EN~7AIt Councilman Isaac moved to approve the consent calendar; seconded by Councilwoman Walls. Consent calendar liquor license renewals Abetone; Red Onion; Crossroad Drug; Aspen Club; Minutes March 10, 17,24 and 26, 1986. All in favor, motion carried. MANAGERS COMMENTS_ Assistant City Manager Mitchell said H.B. 1343, in House committee, is to authorize the expansion of the lottery into a lotto game. Mitchell told Council CML supports the expansion of lotto but the current bill changes the percent share, rather than municipalities getting 40 percent, 100 percent of the money will go to the state capital improvement fund. CML is asking that the city contact their legislators, indicating support for lotto but not to change the percentages. Council agreed with having the Mayor call Representative Scott McInnis to voice the city's opinion. CO~rNCILMEMBER COMMEitTTS 1. Councilwoman Fallin asked if it would be possible to set up microphones for the media so that they do not have to move around the room, which is annoying to people. City Manager Schilling said when city hall is remodeled, the recording system will be upgraded. 2. Councilwoman Fallin said she would 1 ike to be able to donate the wood spl fitter to the Verena project. Assistant City Manager Mitchell said he will add this to the next agenda. 3. Councilwoman Walls brought up the concession stand at Iselin park. Assistant City Manager Mitchell said the city put this out to bid, and received two bids; one from the current owner and one from the Merry-go-round restaurant. Mitchell told Council the latter bid 5300 more a month and will do some work to fix up the area. Mitchell said because there may be a change of operators, the environmental health department is putting a number of requirements on the new operator that may make it not financially feasible. Mayor Stirling pointed out the prices for food at the 21 Regular -Meeting Asuen City Council At~,~=~ 14. 1986 concession stand are fixed in the agreement. Councilwoman Walls said it does not seem right to take away someone s business. Mitchell said the current operators had a one year agreement. Councilwoman Walls said the current operators have been running the concession stand for a long time and have built up a following. Councilwoman Fall in agreed the current operators began this business, put a lot of time and labor into the business. Mitchell said the city went through an open process and the bidders were given an equal opportunity. Mitchell said this problem may solve itself. Mitchell told Council this is a one year contract, it will be bid again next year and then the city will give a 5 year contract. Mayor Stirling said the city should be consistent, yet past effort should count for something. Mayor Stirling said he feels the city's bid process has worked well and has made it more clear to the community. Mitchell said typically current operators in a bid situation have a better chance because they are familiar with the operation. Councilman Isaac moved to continue the meeting to April 21 at 5:00 p. m. ; seconded by Counc ilwoman Fallin. All in favor, motion carried. Council left the meeting at 9:05 p.m. ___ r _ Kathryn S.~Koch,iCity Clerk 22