Loading...
HomeMy WebLinkAboutminutes.council.19860825Regular Meeting Aspen City Council August 25, 1986 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, and Fallin present. CITIZENS COMMENTS 1. Ruth Little, fire district, requested office space on the first floor of city hall for the new fire marshal, starting September 1st. Council agreed with this request. Mrs. Little told Council the fire district will f urnish the office equipment and telephone. 2. Sunny Vann told Council the Roaring Fork railroad would like to place a question on the November election ballot to address whether city-owned property may be used for railroad purposes. Vann pointed out a special election for the city has to be called by September 3. Vann told Council the railroad is in the process of a conceptual SPA application, which should be completed prior to Nov ember. The applicant would like an indication of public support about the railroad before spending time and money for the precise plan stage. Tom Baker, planning office, told Council the Shapery property was purchased with 6th penny f unds; the Rio Grande playing f field was temporarily put in place with 6th penny money, but the site was purchased with 7th penny f unds. Mayor Stirling pointed out Council has not decided to schedule a special election. Mayor Stirling asked if the railroad were the only issue, would they pay for the election. Vann said they would be willing to pay for the election. Vann told Council there may also be a question on the county ballot in November about using the old right-of-way. Councilwoman Fallin moved to add this to the agenda as VII(b); seconded by Councilman Isaac. All in favor, motion carried. 3. Acting City Manager Mitchell asked Council to add two items to the agenda that had inadvertently been left off; pay for performance, and award of management audit contract. Council agreed to add these at the end of the agenda if there is time. COUNCILMEMBER COMMENTS 1. Councilman Isaac said Gordon Hardy has resigned from the M.A.A. and it may be appropriate for Council to proclaim a day in his honor after serving f or the last 25 years. Council agreed with this. 2, Mayor Stirling said Council need a work session on trails and recommended this be September 15 at 5 p,m. and include the Nordic council, and the PCPA. 1 Regular Meeting Aspen Citv Council_ August 25, 1986 3. The work session with the Aspen Institute is scheduled f or September 9. Mayor Stirling said the recreation consultant would like some time before Council's continued meeting August 27 at 5 p.m. before the transportation and Rio Grande reports. 4. Mayor Stirling said there is a budget and goals work session on September 4 at noon 5. Mayor Stirling acknowledged the work of city staff, the ARA, the lodging community and volunteers who made the Coors Bicycle Classic a great success. 6. Mayor Stirling said a Japanese delegation visited Aspen last week, and they are sending snow sculpture experts to Aspen to work on ice and snow sculpture this winter during the Skiing Company's 40th anniversary and Winterskol. Mayor Stirling said housing is needed for the Japanese delegation during this time if anyone has room. ORDINANCE #28, SERIES OF 1986 - Dwelling Units in Cc Zone Mayor Stirling opened the public hearing. Steve Burstein, planning office, said staff had been asked the propriety of passing another code amendment, when code simplification is underway. Burstein told Council P & Z initiated this at the request of a private applicant, and it is appropriate to look at it. There are few buildings eligible for this conversion and the impact will not be great on the commercial core. Burstein said the advantages are historic preservation incentive, bringing structures into conformity, short term rental is not allowed. Bil Dunaway said this amendment will add to the vitality of downtown, but it should be opened to all buildings in the CC not just historic structures. Burstein said that was the original suggestion; however, staff felt that would open this up more than they were willing to without adoption of the landuse plan. Alan Richman, planning director, said there is a concern about parking, and the city's code does not require parking in the CC zone. Until the transportation element is completed, there is no way of addressing this concern. Councilwoman Fallin said she is very concerned about the parking and asked why cash-in-lieu for parking structure is not written into this ordinance. Richman said he would be unconformable with a cash-in-lieu until a parking plan is adopted. Mayor Stirling closed the public hearing. Mayor Stirling moved to adopt Ordinance #8, Series of 1986, on second reading; seconded by Councilman Isaac. Roll call vote; 2 Regular Meeting AsAen Citv Council August 25.1__ 1986 Councilmembers Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #29, 1986 - Pools in Open Space Mayor Stirling opened the public hearing. Alan Richman, planning director, reminded Council this request is from several members of the lodging community. Richman said staff looked at the purpose of open space and f eel s pools and other recreational uses are consistent with open space calculation as long as structures above or below grade are not built to intrude into open space. Richman said pools are a basic amenity in open space in the lodging district and provide benefits to the residents of that area. Richman told Council staff is recommending standards be set to allow these uses by right in the lodge zone districts. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #29, Series of 1986; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #31, SERIES OF 1986 - Truclc Lease Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #31, Series of 1986; seconded by Councilwoman Fallin. Acting City Manager Mitchell told Council this truck is for the parks department, and rather than purchase trucks, due to the high uses the parks department has, staff has found that leases are more beneficial to the city. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #32, SERIES OF 1986 - Truck Lease Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #32, Series of 1986, on second hearing; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. 3 Regular Meeting Aspen City Council August 25, 1986 ORDINANCE #33, SERIES OF 1986 - Centennial surcharge Acting City Manager Mitchell told Council this ordinance is the result of the water extension agreement negotiated with Centennial development. The city put in a water interconnect, which Centennial paid for. The agreement was if any other taps were made on the interconnect, the city would refund Centennial $450 per tap. This ordinance places a surcharges on those taps. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #33, Series of 1986, on second reading as amended; seconded by Mayor Stirling. Mitchell told Council if this surcharge is not approved, the water f and would be responsible f or thi s repayment . Mitchell said staff has anticipated up too 100 taps; however, there have been no taps since July 1984. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. CONCEPT~JAL SUBMISSION - Agate Mayor Stirling said this conceptual submission has previously been approved with conditions. The applicant would like re- approval and one of the conditions deleted. Steve Burstein, planning office, told Council this application is for six single family and two duplex lots on Seventh street. The Council approved this with 12 conditions. Burstein told Council the preliminary plat was not received within the time set out in the subdivision regulations. P & Z has reviewed this conceptual submission, and the request to change the condition regarding the direct approach for the highway and the condition that no development occur on lots A and K, which are the closest to Seventh street. Burstein told Council staff and P & Z feel it is still appropriate to restrict development on these lots, and there is a good reason to have that buffer. Burstein noted the August 12 election question did not answer where the alignment will be, it is still appropriate to restrict development. Burstein recommended conceptual approval subject to the conditions in the memorandum. Doug Allen, representing the applicant, told Council he would like conceptual approval contingent upon if nothing is done with the duplex lots prior to a decision on the entrance to town, that the applicant be allowed normal setbacks on these lots. If there is a decision on the entrance to town, or if the applicant builds before there is that decision, they will push back off of lots A 4 Regular Meetina_ Aspen Citv Council August 25,_1986 and K. Allen said if the highway is located elsewhere, these lots should be treated as any other west end property. Allen pointed out some large, existing trees on the lots. Allen told Council a house cannot be built around these trees; one can be moved and survive and they would like permission to remove those that cannot be move and to replace it with other landscaping. In condition 6, regarding internal make up of the two duplexes, the applicant would like the timing of this to be when they get the building permit. Allen told Council they are not asking for a variance on the parking and will provide the parking required by Code. Burstein told Council condition 1 requires a 30 foot setback on lots A and K. This is appropriate even if Seventh street is not the highway alignment, it is a major street. Based on the neighborhood needs, the staff feels it appropriate that development not occur on lots A and K. Burstein said the tree issue should be addressed at preliminary plat, rather than conceptual. The encouragement is that an architect try to save these trees, and if not, it is appropriate to replace them. Burstein said the concern in condition 6 is that staff needs to know how many parking spaces are needed because this site functions as a single project. Burstein told Council he feels this is a valid condition. Councilman Isaac asked why nothing has happened on this project. Allen said the project has not worked on an economic basis having to draw back on lots A and K. Allen said the applicant hopes to work out a plan to return within 3 months with a preliminary plan. Mayor Stirling asked if the construction vehicles are this site are allowed. Burstein said the building department has received some complaints and are trying to work this out. Allen said he f eels condition 2 as written is mandatory and does not give the applicant much flexibility in the design. Mayor Stirling said the tree issue can be further addressed at preliminary plat. (Councilman Collins came into the meeting) Councilman Isaac moved to approve the Agate conceptual subdivision subject to the 12 conditions in the planning office memorandum of August 20, 1986; seconded by Councilwoman Fallin. All in favor, motion carried. CITY HALL RESTORATION Mayor Stirling said the voters have not approved funding for restoring city hall with the annex plan. Councilwoman Fallin said she heard comments the people were not interested in any reconstruction of city hall; the building should be torn down and started over. Councilwoman Fallin said other comments were if 5 Regular Meeting Aspen City Council Auaust 25, 1986 city hall was remodelled, it would lock in city departments and would preclude consolidation with county department. Mayor Stirling said Council has received a resolution from the County Commissioners proposing the city and county pool their resources to construct a joint office building. Acting City Manager Mitchell told Council if their assessment is the reason the question f ailed was because of the annex addition, city hall can be expanded into the basement. If the assessment is that any renovation of city hall will be voted down, through the capital budget process, Council can examine how much cash can be generated over the next three years. Another option would be to work with the county on a joint facility; this may still necessitate an election. Mitchell pointed out when the city had a space analysis for the existing personnel, the current building space is 4 to 6,000 square feet short. If the existing building were renovated, all departments, the building department and Council chambers could not be located in this building. Mayor Stirling said he feels the vote was against expanding city hall. Mayor Stirling said he would be willing to look at city hall during the capital improvement budget 5 year program. Councilman Isaac said he feels the city and county should have a joint discussion on space needs. Councilman Isaac said he woul d like to see whatever is done to be effective in the long term. Councilman Isaac said he wold like to schedule a discussion with the county. Mitchell told Council the needs for city hall are 24,000 square feet. Mitchell said the only possible site for a new building would be the Rio Grande site, and joining with the county would make it a 36 to 40,000 square foot building. Councilman Isaac said the current city hall is not adequate f or employees or for the public. Mitchell said his concern is any work on city hall will require financing approved by the electorate. Mayor Stirling said he is not interested in a large building, and the P & Z in the work on the Rio Grande did not suggest a government building as a possible use. Councilwoman Fallin pointed out one of the early concepts of the jail building was to have a j oint city county offices, and the voter s rejected that. Mayor Stirling suggested asking the architects to reanalyze city hall to see if there is a pared down approach to make the building safe and bring it up to code. Councilman Isaac said his first choice is to get rid of city hall. Councilwoman Fallin said Council needs to sit down with the Commissioners and discuss the needs of each government. Mayor Stirling said he is not convinced a consolidated building is the best way to go. Councilman Isaac moved to scheduled a work session with the County Commissioners on September 29; seconded by Councilwoman Fallin. Mitchell pointe d out there have been 2 or 3 meetings with the different governmental entities, who have indicated they do not 6 Regular Meeting Aspen City Council August 25, 1986 have a lot of interest in consolidation.. Councilman Collins said he has not seen anything to indicate that the savings and efficiencies of consolidation have materialized. Councilmembers Isaac and Fallin in favor; Councilman Collins and Mayor Stirling opposed. Motion NOT carried. Councilman Collins said the priority should be the existing city hall. There have been discussions and a master plan f or years. Councilman Collins said city hall is deficient in many respects and does have to have some attention; it cannot be torn down because it is on the national register. Councilman Collins said he would support bringing the building up to a functioning level. Mayor Stirling agreed city hall is a priority, the historic preservation is a responsibility, and it should be fixed up. Mayor Stirling moved to continue this issue into the capital budget process this fall with staff pursuing with the consultants other alternatives; seconded by Councilman Collins. All in f avor, with the exception of Councilman Isaac. Motion carried. Councilman Isaac said if Council wants to remodel city hall, they should go with the architects plans for the basement and go back to the voters in November for a general obligation bond rather than depleting the capital improvement funds. ENTRANCE TO AS PE N Mayor Stirling said at the special election in August, the voters turned down both proposed alignments for a four-lane into town. Mayor Stirling told Council he has talked to the Colorado Department of Highways, and they are interested in meeting with Council. Mayor Stirling said the state has suggested staring the EIS at Maroon creek and going west, with a separate EIS east into the city. Councilman Collins asked why the department of highways cannot do an EIS into town without an alignment already selected. Tom Baker, planning office, answered the EIS can be done without a preference; however, this will delay the process by 1 or 2 years. Baker told Council the vote in August was designed to expedite the EIS process. Councilman Collins said the purpose of an EIS is to find if a route is acceptable or not, and he would like to have the department of highways go ahead with the full EIS. Councilman Isaac suggested inviting the department of highways to the September 8 Council meeting. Baker told Council the intention is to stop the EIS at 7th and Main. Councilman Collins asked about the possibility of going east to the Cooper street bridge. Peter Forsch, Aspen Skiing Company, said he does not feel the vote was a clear preference for a no four-lane entrance into town. Forsch 7 Regular Meeting Aspen Cites Council August 25, ~-986 pointed out over 75 percent of the voters voted for one of the two preferences. Forsch said he feels there was a clear bias in the questions for a negative outcome. Ed Zasacky said he feels the vote could give the government time to come up with alternative transportation disincentives or transit incentives. Jeffrey Evans said the state will not be able to compare alternatives and give the city a list of the impacts. Evans said th e state cannot look at expanding either alignment because of the way the land was purchased and set aside for open space. Evans said he feels Council should put the direct connection question on the November ballot so the voters may have a decision in the alignment. Bobbi Carson said she feels the vote in August showed the electors do want something done; however, they want more information bef ore they vote on the alternative. Ms. Carson said the EIS is to give the voters that information. REQUEST FOR SPECIAL ELECTION - Roaring Fork Railway Sunny Vann, representing the applicant, told Council the proposals for the railroad is to enter through the Shapery property with a terminal located on the Rio Grande property. The Shapery property was purchased with open space f unds, and using this property for railroad purposes required approval of the voters. Vann said there is some question whether the Rio Grande property requires a vote or not. The applicants feel once a decision is made by Council, they would like it not to be subject to challenge under the referendum provisions and would like a special election in November regarding the disposition of city- owned property. Vann told Council the application will be proceeding through the SPA process this fall. Vann told Council the applicants would like a ballot question to give an indication to the voters' feelings before they proceed to precise application stage, which involves substantial costs. Vann said if the election is favorable, the applications will proceed with the remainder of the SPA process. Vann pointed out the results of the election will not bind Council to the use of this property. Vann requested Council schedule a special election for the railroad question to give time to work out the specifics of the question. Vann told Council if this is the only question on the ballot, they will be willing to pay the costs of the election. City Attorney Taddune told Council an election has to be called by resolution. Councilman Collins moved to set a special election simultaneously with the general election November 4, 1986; seconded by Councilman Isaac. Councilman Collins amended his motion to include that the railroad will pay for the election if they are the only question and share the costs with other questions; seconded by Councilman Isaac. All in favor, motion carried. 8 Regular Meeting Aspen City Council August 25, 1986 LODGE IMPROVEMENT DISTRICT Jay Hammond, city engineer, told Council there are funding options for the district depending on immediate monies available versus long term solutions, like a downtown development authority. Hammond said Council has expressed some concern about the city's involvement in drainage in the district. There is $600,000 included in drainage and there is a question about the city's responsibility for that expense as well as the total expense of streets and street reconstruction. Hammond told Council staff has made some changes on these expenses. Jim Pavisha, Aspen Mountain Lodge, said the lodge improvement task force would like Council to approve a resolution of intent to form a special district and the authorization to proceed with $65,000 for completed field survey work. Pavisha said the task force would like to see the survey work done this fall, assuming the funding can be found, to get started next spring on the district. Pavisha outlined the key issues identified by the task force; cost, size of the district, the city's benefits and why the city should be involved, funding and timing. Pavisha the major changes since the study session are withdrawal of the request for drainage and a reduction in the demolition of the streets. Pavisha said the task force feels the streets can be chip and sealed and brought up to quality without totally redoing them. Pavisha told Council the task force has dropped the request f or drainage work and is asking for $710,000 for streets, reduced from $837,000. Pavisha told Council not every task force member agreed with dropping the drainage work; however, all are in agreement to move on with the district and to see drainage as a separate issue and to have staff continue to work with the Skiing Company and Pitkin County to get the drainage issue worked o ut and perhaps integrate d back into the district. Pavisha asked that Council have the city attorney look at the legal consequences of potential liabilities. Pavisha stated the district is larger than originally planned; however, this is because people in the area wanted to be included. The scope of the work has been reduced f rom the original presentation. Pavisha said for every dollar the city contributes, they receive $7 in improvements, electric undergrounding, street lights - which the city is doing at their own cost in other parts of the city, a major impact in beautification, improved property values resulting in increased property taxes. Pavisha said this project will improve Aspen's competitive position in the lodging resort business, with increased rates and occupancy, and increased sales tax revenues. 9 Regular Meeting Aspen City Council - August 25, 1986 Pavisha told Council the district will also be improving the trails system. Pavisha said it appears the city has the capacity to fund $6,000,000 in capital expenditures. The 5750,000 streets budget, which has been removed from the capital budget, and placing the parking structure in a downtown development authority funding, there is $6,230,000 of capital projects. Pavisha told Council the lodge improvement district is requesting 5710,000 towards the funding. The city has already allocated 5100,000 for a net increase of 5610,000. Pavisha asked if this funding is within the remaining projects. Pavisha reminded Council there will be some assessments for the general benefit of the town, and specific benefits for city-owned land. Pavisha said he hoped Council could find the funds for this district, rather than having to wait for a DDA. Pavisha requested city's help in getting the district marketed to absentee owners, who need the indication the city is willing to put up 51 to match every 57. Pavisha said without the city, this district will be a tough sell. Pavisha said the task force would like the commitment from Council for the 565,000 for field survey work so the district can begin next spring. Mayor Stirling asked what it would cost to bring current all existing contracts for the ALASID. Cindy Shafer, finance director, told Council the total is 5108,000 not including the mapping. Ms. shafer said of the 5108,000 530,000 Council approved to be paid out of 1985 and 570,000 is not currently funded. Ms. Shafer reminded Council, initially the payments for these contracts was to come from the improvement district. Hammond said if the district is successful, the city will be reimbursed for these payments. Ms. Shafer pointed out the 5108,000 expense is contracts already committed to Schmueser Gordon Meyer. Originally Schmueser was going to delay billing until the district was formed; however, the city has approved some payment as the formation of the district is taking longer than anticipated. Hammond said the request for 565,000 is to keep the district going, get the adequate information this fall to go to construction documents. Mayor Stirling said there are two separate funding requests, about 5175,000 which would be repaid from the district, and 5710,000 for the street work. Councilwoman Fallin asked where the 565,000 for survey work would come from. Ms . Shafer said this would come from fund balance as there is no contingency or savings from 1985 left. Pavisha pointed out the contractor has offered to hold off billing until July 1, 1987. Mayor Stirling asked if the district may be formed by that time. Hammond said if the city can make their commitment 10 Regular Meeting Ashen City Council -- August 25, 1986 and move forward with the legislation, it could be formed by then. Mayor Stirling moved that the city fund the balance of what is owned on the December 1st and January 1st 1987 commitments to Schmueser Gordon Meyer, and that the city commit to the mapping of no more than $65,000 not due until July 1, 1987; seconded by Councilwoman Fallin. Mayor Stirling said the city has built the momentum and has made commitments to the district. The district is very close to being formed. The Council has to work on the 5 year capital improvement program and how this district will fit into that program. Mayor Stirling asked if Council waits until the budget hearings on the capital improvement plan, how would that effect the lodge improvement district. Hammond said if the survey work is committed to, it will not effect the formation of the district to wait until October. Mayor Stirling said he feels this area has to be improved. Councilman Isaac said he is in favor of doing the survey work, but would like to get the street expenditure even lower than $710,000. Councilman Collins asked what the benefits of the project would be to the city. Pavisha said the street lighting program is 5500,000. Councilman Collins noted that street improvements have been paid for by the taxpayers, by special improvement districts. Hammond said Mill street was paid f or by a g.o. bond. Mayor Stirling pointed out the underground project in the west end of town is being paid for by the city in general. Councilman Collins said there ought to be a shared responsibility between the city and the district landowners in paying for the costs up front. Pavisha said this is a municipal improvement and a major impact on the city, and it is appropriate f or the city to take the lead. The city is acting as a temporary banker to expedite the f unds, and the process to form the district was not anticipated to take this long. Acting City Manager Mitchell pointed out staff had originally told Council it may cost the city up to 5250,000 before the district was f ormed. Hammond said the next step is a public hearing to notice individual owners, let them see the plans, register protests if necessary. This step will give a feel for support within the district. Hammond pointed out task force members represent major properties within the district. Other steps are a resolution of intent to create the assessment formula, ordinances adopting both and public hearings for both the design of the district and the assessment formula for the district. Hammond told Council after Council's budget discussion of the capital improvement plan, the district can be moved quickly to formation. 11 Regular Meeting Aspen Citv Counc~l___ August 25, 1986 All in f avor, with the exception of Councilman Collins. Motion carried. Council put off adoption of the resolution of intent until after the capital improvement budget hearings. Councilman Collins said he would like further information on drainage. RESOLUTION #25, 1986 - Historic Preservation Element Steve Burstein, planning office, pointed out there have been changes since Council's work session last week. Mayor Stirling moved to approved Resolution #25, Series of 1986; seconded by Councilman Isaac. Councilwoman Fallin questioned in midterm priorities, assistance to the Aspen Historical Society. Burstein said that is continuing financial assistance. All in favor, motion carried. RED ONION UTILITY IN ALLEY Mayor Stirling said staff's recommendations are to hold $8,000 in city's control; use the money to start relocating the utilities; or return it to the Red Onion. Lennie Oates, representing the applicant, noted a long range alternative is consideration of a district to take care of the problem correctly. Oates told Council this requirement placed on the Onion has never been placed on any other building. Oates said there have been additional encroachments authorized in the alleys. Council is asking the Onion and not other buildings to move their utilities. Charles Israel questioned why, when the alley was torn up, something was not done with his 58,000 escrow. Jay Hammond, city engineer, told Council this money was held in escrow to insure the city the developer would relocate the utilities, not to provide funds for the city to do the work. Hammond pointed out the Onion's remodel provided for a trash utility area off the alley and to provide a space for trash and utilities, it seemed logical to relocate the utilities into that space. Hammond told Council there have not been opportunities to relocate other utilities. Hammond suggested in the future any remodels that provide space to relocate the utilities that it be done. Mayor Stirling asked if the city has held any other monies in escrow over the last six years. Hammond said he did not think so. Mayor Stirling asked if this is a burden on this particular developer. Hammond said the opportunity to provide space for utilities has not occurred other than at the Onion. Oates told Council they have had two remodels; one in 1980, when they were not asked to put the utilities in the alley but to hang them on the back of the building. When the Onion reapplied in 12 Regular Meeting Aspen Citv Council August 25, 1986 1984, they were requested to relocate the utilities. Oates told Council they will be willing to replace the utilities if everyone else in the alley also does so. Israel said in the last s i x y ears , no one else has been asked to put up money. Mayor Stirling suggested that the applicant be willing to commit to being part of an improvement district, rather than taking a cash commitment. Acting City Manager Mitchell suggested the city come up with an ordinance to address the health and safety issues in the alleys and require all facilities to remove these utilities. Mitchell said this would be an expense of the property owner. Oates agreed if all property owners went together, they could do a better job of improving the alley than one business at a time. Israel said the $8500 was a condition of condominiumization approval. Councilwoman Fallin said she opposes the formation of a district as it is too complicated. Mitchell said the reaso n this building was singled out is that they created a place to move the utilities. Mayor Stirling moved to return the escrow deposit to Charles Israel, and have Israel write a letter of commitment to be part of and support any work considered in the alleys to protect health saf ety and welfare; seconded by Councilwoman Fallin. Councilman Collins said he is concerned about the safety in the alleys. Mayor Stirling amended his motion to reduce the relocation requirement to requiring protective bollards and release the escrow on completion; seconded by Councilwoman Fallin. Councilman Isaac said he would like to see an overall alley plan. All in favor, motion carried. TRAIL ACCESS TO SAWMILL BRIDGE One of the issues is f first reading of an ordinance to f finalize purchasing the sawmill easement from Dietsch. Glenn Horn, planning office, requested authority to get some appraisals f or different rights-of-ways to access the Sawmill bridge from the city townsite. Horn told Council the staff has reached an impasse at Hans Gramiger's parcel between 6th and 7th street on Hopkins. Horn told Council there are two different ways the trail can go, and there are advantages and disadvantages associated with both. Horn said there is a need to acquire right-of-way f or this trail, possibility by condemnation. Horn pointed out the appraisals will help the discussion of the advantages and disadvantages. Horn pointed out the Sawmill bridge, the easement from the Dietsch's, and easement across the Mary B, and the easement that needs to be acquired. The alternatives are to go across the back of the parcel at the base of the mountain or to go on the south side of Hopkins between 6th and 7th. Horn pointed out Gramiger 13 Regular Meeting AsAen City Council __ August 25, 198 has offered in the past to give an easement in the f ront of the parcel along Hopkins but there is a problem on 7th. Horn noted that Gramiger is not willing to sell or donate the right-of-way because it would effect his development plans, but would be willing to look at it in the future. Horn pointed out the property owners Han and Tolk have indicated they will be willing to give right-of-way if it can be gotten across the Gramiger parcel. Horn said he would like to have a letter of opinion regarding the alternative rights-of-way. Horn showed Council the easement in f rout of the Adams parcel and the needed easement across the driveway. Mayor Stirling moved to allocate out of the 5 year capital improvement program 1986, open space purchases, money to do appraisals on both alternatives and bring the results to the work session September 15; seconded by Councilman Coll ins. All in favor, motion carried. ORDINANCE #34, SERIES OF 1986 - Purchase of Dietsch Easement Councilwoman Fallin moved to read Ordinance #34, Series of 1986; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #34 (Series of 1986) AN ORDINANCE APPROVING A PURCHASE BY THE CITY OF ASPEN, OF A TRAIL RIGHT-OF-WAY AND CONSTRUCTION EASEMENT ACROSS LOTS 1 AND 2 SAWMILL SUBDIVISION, COUNTY OF PITKIN, COLORADO, FROM GERMAIN K. AND ALFRED J. DIETSCH IN ACCORDANCE WITH THE PROPOSED CONTRACT TO BUY AND SELL REAL ESTATE AND ANNEXED HERETO FOR THE PURCHASE PRICE OF $102 , 000 AND AUTHORIZING THE MAYOR AND C ITY MANAGER TO EXECUTE SUCH DOCUMENTS AS ARE NECESSARY TO CONSUMMATE THE ACQUISITION was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #34, Series of 1986, on first reading; seconded by Councilman Collins. Acting City Manager Mitchell reminded Council originally the option was a trade off to give Dietsch some of the Marolt property on the east side of the river in exchange for the easement. Council preferred negotiating a purchase of this easement. Mayor Stirling said he feels this is the cleanest way to go. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. MAYOR'S DEED - Prechtl Lots H & I, Block 60 14 Regular Meeting Aspen City Council August 25, 1 986 City Attorney Taddune reminded Council a Mayor's deed is a device by which the Federal government has permitted Mayor's to clear up title to patented lands. Councilman Isaac moved to authorize the Mayor to sign the Mayor's deed; seconded by Councilman Collins. All in favor, motion carried. PERMISSION TO USE WAGNER PARK - Volleyball Tournament Leon Fell told Council there will be some national sponsors who are willing to pay a promotional fee to be able to set up booths during the Mother Lodge volleyball tournament at the Rio Grande and Wagner Parks. This will be to display their wares. This is not a profit making venture and anything above their cost will go into the prize money. Mayor Stirling asked if these vendors would be competing the local retailers. Fell said these items are not for sale in town. Acting City Manager Mitchell suggested drawing up a vendor's agreement. Councilwoman Fallin moved to approve this and have the city attorney's office draw up a vendor's license; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE APPLICATION - Aspen Mountain Spirits City Attorney Taddune told Council regarding the 500 foot limitation from a school, his correspondence with the state indicates the method to be used f or calculating the distance is the perimeter of the space in which the liquor is to be sold, to the school property, not the edge of the building which is a multi-faceted building. Taddune noted the applicant has submitted supplemental affidavits that the distance measured using this methodology is in excess of 500 feet Nick McGrath, representing the applicant, introduced into the record a letter from H. E. Ritchie of the Drug company as well as the computer mapping done by the surveyor showing the distance from the school along the path to the drug store being 493 feet and to the corner of the liquor store is 550 feet. McGrath stated the interpretation of the liquor license division is a consistent one and the same interpretation used on these premises in 1977. In the packet, there is a letter from the then-liquor inspector stating the proper way to measure the distance is to the corner of the actual licensed premises. McGrath told Council the trail was in existence in 1977 but was not paved. McGrath addressed the needs of the neighborhood, incorporating 1977 evidence on these premises at that time. McGrath stated 15 Regular Meeting Aspen City Council Auaust 25, 198 both the transfer of location and this application needs to show needs of the neighborhood or neither. McGrath told Council in a transfer of an operation, that is an eviction of the prior tenant, the liquor license regulations state the only issue is character. McGrath said, regarding possession of the premises, the Council was prepared to approve the transfer for Great Western even though they were not prepared to move. Great Western has a lease establishing right to the premises. This applicant has a lease for the premises at 300 Puppy Smith street. Great Western cannot have a liquor license in two locations. Once Great Western relocates, Aspen Mountain Spirits can move in. McGrath suggested Council condition the issuance of the liquor license conditioned upon actually moving and taking possession of premises under the lease. McGrath said his applicant has a binding lease for the premises at 300 Puppy Smith street; Great Western can move out at any time. rlayor Stirling opened the public hearing. Jon Seigle, representing Great Western Spirit Company, told Council the state statutes say an applicant has to have possession before the license can be processed. Seigle said the trial court said the landlord is entitled possession of the premises, but an order of the court of appeals stated that Great Western has possession until the matter is resolved. Seigle said it would not be impossible that the Supreme Court could reverse this decision. Taddune agreed Council should condition the granting of th i s 1 icense upon the applicant demonstrating possession of the premises. Mayor Stirling closed the public hearing. Councilman Isaac moved that based on the evidence held on a public hearing August 11 and August 25, 1986, relating to the application of Robert E. Grueter for a retail liquor license, the 1 iquor 1 icense authority of Aspen finds that the needs of the community have not been met and the license as applied f or i s granted conditioned upon the applicant having proved possession of the premises; seconded by Councilman Collins. Taddune explained the current tenants are appealing to the Supreme Court and are waiting the determination of the court. Councilman Collins asked if Council can approve the license with the proviso stipulated in the motion. Taddune answered that is a condition as well as a requirement; the license cannot issue until they demonstrate possession. Taddune said in order to have a 1 iquor 1 icense application, one needs a place f rom which to distribute liquor. Councilwoman Fallin asked if the Court date is known. McGrath said that is not known, but this is not an appeal of right. Great Western Spirit Company is seeking 16 Regular Meeting Aspen City Council August 25, 1986 discretionary review of the Supreme Court and it could be between 3 and 6 months. Mayor Stirling read into the record a letter from Tom Clark supporting Grueter's application. All in favor, motion carried. REpUEST TO CLOSE STREET Tim Cottrell told Council in conjunction with Smuggler Land Office's 3rd anniversary, Little Cliff's bakery leaving the corner, and the fire department, they would like to have a block party on 400 East Hopkins. Cottrell said they will serve food from the restaurant, there will be live music from the ramp of the fire station. They would 1 ike the event from noon to about 7 p. m. Cottrell told Council there will be various fund raising events, the money to go to the fire department. Cottrell said this weekend is also Ruggerfest and this event will attract traffic between Wagner and Rio Grande parks. Cottrell told Council he has discussed this with the other businesses on the block and they would like to participate. Councilman Isaac said he would 1 ike to see verification that all the businesses are in agreement. Cottrell said there will be fencing at each end of the block and there may be an entrance fee, which will be given to the fire department. Councilwoman Fall in moved to approve closing Hopkins between Galena and Mill for Saturday, September 20 , 1986 between 7 a. m. and 7 p.m. and the extension of Smuggler Land Off ice liquor license; seconded by Councilman Collins. All in favor, motion carried. INFORMATION BOOTH ASPEN ART FESTIV t Andy Model told Council they would like an area on the mall across from the Wheeler starting September 13 through the month to advertise the art festival. Model told Council Kodak has donated film, and the booth will distribute this as well as provide information where the gallery openings will be during September. Model told Council this will be done in conjunction with the ARA. Acting City Manager Mitchell asked if this has been reviewed by the CCLC. Councilman Isaac moved to approve the use of the mall for this event contingent upon review and approval of the CCLC; seconded by Councilman Collins. All in favor, motion carried. 17 Re ular Meetin As en Cit Counc' Au ust 25 198 RESOLUTION #22. 1986 - Supporting Tennis Tournament Councilman Isaac moved to approve Resolution #22, Series of 1986; seconded by Councilman Collins. All in favor, motion carried. CONTINUATION TDP CONTRACTS This will be continued to September 22, 1986. USE 0-F MAROLT HOUSE Acting City Manager Mitchell said Council has indicated an interest in leasing the Marolt house to Tim Vanatta, Leisure services director. Mitchell said the city can lease the house and Vanatta will do improvements on his own, like painting, repair the floors. Mitchell said the city would ask $500 per month, based on Vanatta doing the improvements himself. Mitchell told Council the Nordic council is not prepared to use the house on a full time basis. Councilman Isaac moved to approve leasing the Marolt house to Tim Vanatta for one year with a renewal clause; seconded by Councilwoman Fallin. Mitchell said Vanatta will be doing improvements that the city would have to do regardless of the use, so the city is avoiding an expense. Mayor Stirling said he is not enthusiastic about renting a house on major open space as employee housing. Councilman Collins asked if the city will have an agreement as to what those improvements will be. Mitchell answered there will be a standard lease agreement with the improvements outlined. Councilman Collins said he would like to see values added to these improvements if the city is going to make an adjustment to the amount of the lease. Mitchell said Vanatta could pay $ 900 a month, but the city would be responsible f or the improvements. Mitchell told Council the city will be getting more than $4800 worth of improvements out of this arrangement. City Attorney Taddune told Council he had talked to the f ire board and told them about this arrangement, and they are not interested in the house. Councilwoman Fallin agreed the house should not be rented out; however, the city currently does not have a plan for either the house or the Marolt property. Councilwoman Fallin said she w oul d like the lease to only be one year and during that time have Council decide what is to be done with the house. All in favor, motion carried. 18 Regul-ar Meeting - --Aspen-City Council August 25, 1986 CITY MANAGER -DUPLEX City Attorney Taddune told Council City Manager Anderson feels if rent could be converted to interest, it would be an advantage to him. Bob Anderson proposed using a contract/sale approach where he would be paying mostly interest offsetting the interest the city would be making if they had the money in investments. Taddune said the six month CD rate is 6.75 percent, and staff talked about giving a credit for rent paid in excess of that against the purchase price. Taddune suggested City Manager Anderson pay the city in the form of a promissory note, the interest rate on the promissory note would be above prime, and that the note would be called at the time Anderson's house in Michigan is sold. Taddune noted there would be no net loss to the city. If the city had closed on the house, it would have invested the money in CDs; the interest rate can be calculated and added to the promissory note. Mayor Stirling suggested the lease be an attachment because no one knows when thi s will take place. Taddune explained title would be transferred to Anderson, the city will take a deed of trust, which will be superceded by a second deed of trust. Taddune said the city would have an option to buy the house back, which is in the other clauses. Taddune said another concept is the lease concept. Anderson told Council there is no difference in money, only in tax benefits to him, which would not make a difference to the city. Taddune presented a lease and an ordinance for Council's approval. Taddune said the only downside is if Anderson cannot sell his house in Michigan. Councilman Coll ins reminded Council at the last meeting they authorized an expenditure to take care of the code violations in the house. Councilman Collins said these are being worked on but have not been completed. The interior has been painted and the solarium floor is almost done. Anderson told Council they plan to use the downstairs for a bedroom, and use of this space is on one of the lists questioning this use. Anderson told Council many assumptions were made in the appraisal based on the improvements being made. Councilman Collins said the improvements to the downstairs for bedroom use was not on the list. Council agreed to the concept of a promissory note with a deed of trust. Mayor Stirling moved to read Ordinance #36, Series of 1986, as an emergency ordinance; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #36 (Series of 1986) 19 Reaular Me~ti-na --- Aspen City Council August 25, 1986 AN ORDINANCE APPROVING THE CONVEYANCE OF UNIT 1 , MACARTHUR CONDOMINIUMS, PITKIN COUNTY, COLORADO TO ROBERT S. AND DINA ANDERSON PURSUANT TO THE TERMS IN PURCHASE OPT ION AGREEMENT ANNEXED HERETO AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS AS MAY BE APPROPRIATE TO CONSUMMATE THE TRANSACTION was read by the city clerk Councilman Isaac moved to adopt Ordinance #36, Series of 1986, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to call a special meeting Wednesday, August 27, at 4:30 p. m. ; seconded by Councilman Collins. All in favor, motion carried. REQUEST FOR FUNDS - Pay for Performance Acting City Manager Mitchell reminded Council this program was a high priority for next year and was included in the budget presentation and was part of the comparable worth study. Mitchell told Council the city has an opportunity to purchase related material from Vail to help the city set standards and job descriptions. Mitchell pointed out in a pay for performance system the job descriptions are very detailed to do the evaluations. Mitchell said Vail has spent over $50,000 to develop this material and it is being offered to the city for $1500. Mitchell told Council if staff did this program on their own, it would cost in excess of 525,000. Bob Anderson told Council he feels it would be a smart use of funds to spend 51500 . Anderson said this is a very complex system and has to be done very carefully. Anderson said the standards have to set and perceived as fair. Councilman Isaac moved to approve allocation of 51500 out of the contingency fund for the pay for perf ormance program from Vail ; seconded by Councilman Collins. All in favor, motion carried. CONTRACT AWARD - Management Audit Acting City Manager Mitchell reminded Council they had approved this in the 1985 and 1986 budgets. Staff has gone through the process of qualifying consultants and interviewing them and has selected the firm of Management Advisers. Mitchell said Council has authorized 55,000 for this and in order to complete the study, the city needs an additional 57,000. 20 Regular-Meeting Aspen City Council Auaust__25t 1986 Mayor Stirling moved to table the management audit to the 1987 budget hearings during the appropriate time; seconded by Councilwoman Fallin. Mayor Stirling said he is not willing to allocate 2-1/2 times the original estimate. Councilman Isaac said the consultants felt the timing, with a new manager, was good. Councilman Isaac said this team was the best and the least expensive. Mayor Stirling said he would prefer to re-look at this with the new city manager. All in favor, with the exception of Councilman Isaac. Motion carried. Councilwoman Fallin moved to approve Resolution #27, Series of 1986, called for a special election November 4, 1986, concerning the use of city-owned property for railroad purposes as well as any other questions Council may deem appropriate; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is liquor license renewal - City market; special event permit -Aspen Council for the Arts. All in favor, motion carried. Councilwoman Fallin moved to adjourn at 9:00 p.m.; seconded by Councilman Collins. All in favor, motion carried. ~ -'~ ,. ~ y"4 ~ ,1 , ~ ~ ~^ Kathryn; S. Koch, City Clerk 21