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HomeMy WebLinkAboutminutes.council.19860908Regular Meeting Aspen City Council September 8, 1986 COUNCIL MEETING Mayor Stirling called the meeting to order with Councilmembers Isaac, Collins, Fallin, Walls present. CITIZENS COMMENTS & PETITIONS 1. Mayor Stirling appointed Ron Austin a Deputy Municipal Judge for September 20, 1986 to perform a wedding ceremony. 2. Roger Klein asked to place the circus rights of Wagner Park for winter parking on the agenda. Roger asked the Council to address the proposal he made to Council around two weeks ago. Councilman Isaac suggested that this item be put on the agenda later since there was going to be a discussed on the Aspen Mountain PUD, which could be a very intense discussion...might discuss both at the same time. Mayor Stirling stated that he did not want to confuse the GMP extension which does have a parking condition being recommended to Council, although they are related. Councilwoman Fallin stated t hat Wagner P ark has too many uses during the winter and she doesn't want to see it as a parking lot. Klein stated that it didn't have to be used during other special events. Councilwoman Fallin stated that there were other options available, especially with the PUD that is on the agenda tonight . Councilman Isaac asked that it be discussed later. 3. Bob Klein, in reference to the Roaring Fork Railroad, is going to Europe in order to get additional information . Mr . Klein stated that he has County approval. Mr. Klein stated that his proposal was that he go to Europe, pay his way--all expenses- -and the Railroad company would pay the expenses of a Grassroots camera man. He asked Mayor Stirling to write a letter asking the Railroad to consider this. Mayor Stirling stated that this is not appropriate for the Council to approach after Mr. Klein has already approached them. No member from council stated that they wanted to pursue it. Mayor Stirling directed Mr. Klein to handle this on his own, and the Council did not want to go on record for this topic. 4. Mr. Klein stated that there was a dump cart that was dirty and ugly in front of the Popcorn wagon. Mayor Stirling stated that this was on private property. Mayor Stirling directed the City Manager to contact the owner and talk to them about it. 5. Francis Whitaker stated that he left a copy of the statement on the Council's desk. Requests were made specifically, in his letter dated September 1, Case Number 86-16, and he wanted to 1 Regular Meeting Aspen City Council September 8, 1986 repeat those requests. He asked Council to order a transcript of the hearing and they would get a much better understanding of what occurred at that meeting. The original plans of the project showed an addition over the garage, these plans were not approved by the building department. The plans were revised to show the caretaker's quarters, with bath and kitchen, in the basement of the main house. Mayor Stirling asked Mr. Whitaker to propose what he would like the Council to do. Mr. .Whitaker answered that he would like to appeal this case to the district court, and feels t hat Council should back him up on this request. Mayor Stirling asked City Attorney, Paul Taddune if he had seen the correspondence that Mr. Whitaker has presented to Council. Mayor Stirling recommended that he would urge the Council to consider having a study session with the Board of Adjustment. Mr. Whitaker stated that the case must be appealed within thirty days after the hearing on August 28. Mr. Whitaker emphasized that Council should read the last paragraph of his letter that t he Board of Adjustments can not use two sets of standards for two different cases and that is what has happened. Mayor Stirling asked what the vote was from the Board of Adjustment regarding this issue. Taddune answered that it was unanimous with the exception of Fran cis Whitaker--4-1. Councilmember Isaac asked Taddune if he had reviewed the transcripts. Attorney Taddune stated that he hasn't examined the transcripts, but he was present at the meeting but he has a conflict since he also represents the Council. Attorney Taddune stated that if he felt the Board of Adjustment was not acting within the Charter within the Statutes he would advised the Board on the record or brought the issue to Council. Councilmember Isaac suggested to have City Manager Bob Anderson review the tapes and bring back a recommendation as to whether the City should hire an outside attorney. Bil Dunaway asked if the procedures they were taking was subverting the democratic process, Council appointed the board, it voted, one member spoke his peace at that meeting, and the board voted 4-1 to grant a variance, they are not subject to the Council's whim. Councilmember Fallin somewhat agreed with Bil's opinion, since Attorney Taddune didn't feel they were acting out of their domain. Attorney Taddune stated that the problem with the Board of Adjustments is that they are always dealing with close calls, dealing with the edge of the zoning regulations, deal wit h the ambiguities, deal with situations that are not easily discernable. Attorney Taddune stated that this case happens to be one of those cases. Councilmember Isaac moved to direct City Manager Bob Anderson review the record of the meeting of the Board of Adjustments, 2 Regular Meeting Aspen City Council September 8, 1986 discuss this with the building department, and bring back a recommendation to Council at the next meeting as to whether Council should hire an outside Attorney; seconded by Councilmember Collins. Mayor Stirling added that he felt this is not appropriate procedure for Council to take in light of the circumstances as best he could read them at this point. Mayor Stirling added that it is important to meet with the Board of Adjustment and as soon as Council can. All in favor with the exception of Councilwoman Fallin and Mayor Stirling. Motion carried. Bil Dunaway asked who would be responsible for paying for the transcript since they are very expensive. Mayor Stirling stated that it is on tape and that is what will be reviewed. Frank Peters stated that there wasn't any input from the other side at all. Mayor Stirling stated that he didn't want to get into debating this issue since it will be on the September 22nd agenda. 6. Stan Mathis stated that the code was rewritten so that informing the adjoining neighbors now everyone within 300 feet have to be notified. Just recently, a sign adjustment was handled through his office, and it cost $1,300 to do the search to get all the names. Mr. Mathis suggested that this topic might be addressed at the September 22nd meeting. Mayor Stirling asked Alan Richman when there will be hearings where specific code sections could be addressed. Mr. Richman stated that they are expecting the consultant's report in October, and hearings would be held with P&Z and Council in November. Mayor Stirling asked the Council if they wanted to pursue this further or wait until it is heard at the hearings. Gideon Kaufman stated that this isn't an isolated case, there are other citizens who have this concern and the longer that Council waits the more citizens will be affected. Mayor Stirling asked Stan Mathis to write a letter to Alan and formalize his concerns. Mayor Stirling stated that citizen participation was closed, move on to Mayor's, Councilmembers and City Manager's comments. MAYOR' S COMMENTS Mayor Stirling stated that he would like to introduce the first reading of a moratorium ordinance and resolution relating to Historic Structures and an ordinance that would put a six month temporary moratorium on the acceptance and/or processing of any 3 Regular Meeting Aspen City Council September 8, 1986 application for a building permit for the demolition or removal of any structure that were made in the 1980 Aspen Inventory Historic sites and structures as amended. Mayor Stirling asked the Council to consider putting this on the agenda as Item r), tonight under Action Items, Section VII, for first reading and also consideration of the attached resolution. Mayor Stirling moved to bring this item on the agenda; seconded by Councilwoman Walls. Councilman Isaac stated that it is inappropriate to bring on a moratorium ordinance without any notice to the community. Mayor Stirling stated that this is an emergency mode, and in two weeks there is no telling how many structures could be threatened. Mayor Stirling stated that there are houses already with a demolition permit issued, for the Farney house, victorian house; Ball house; and Bayer house on Hallam lake. In addition, another victorian on Hallam has already been torn down with just parts of t he original house that will be retained. If there is an interest in pursuing this preservation anyway whatsoever Mayor Stirling deemed it as an emergency situation. This ordinance would take effect immediately and stay in effect for two weeks until the public hearing and it is passed on second hearing, which it would take formal effect. All in favor, with the exception of Councilwoman Fallin and Councilman Isaac. Motion carried. Mayor Stirling stated that the volleyball tournament, two weekends ago was a success. Mayor Stirling asked if a date had been set with the Highway Department to speak about the entrance to town. City Manager Anderson stated that a study session had been confirmed for the 15th of September. Mayor Stirling stated that the first part of the work session starting at five with entrance to town, and the trails would be discussed during the second part. Mayor Stirling asked City Manager to confirm meeting with Bob Motton in a letter. Councilman Isaac stated that he had received a number of calls relating to the work that is being done on Phillips Curve. There are many workers who can't get to work on time and this is impacting businesses. The highway is closed for half hour, forty five minutes at a time and the County is also replacing the bridge near Old Snowmass. Councilman Isaac asked if we could contact Bob Moston and see if the construction could be halted between 7:30 a.m. and 9:00 a.m. to allow people to get up-valley. 4 Regular Meeting Aspen City Council September 8, 1986 Councilman Collins stated that the construction will be completed in three weeks. Councilman Isaac moved to have City Manager contact Bob Motton to see if they can coordinate the shifts of the people coming from down-valley; seconded by Councilwoman Walls. Councilman Isaac and Councilwoman Walls in favor; Councilman Collins, Councilwoman Fallin and Mayor Stirling opposed. Motion NOT carried. Councilman Isaac stated that Council received a letter from Lisa Markalunas stating that the power of the light bulbs in downtown project are too bright. Councilwoman Walls stated that she would be willing to go out and look at the lights; however, it seems that the purpose of lighting downtown was because there were number of complaints about how dark it was. Although Aspen is not a high crime area, the tourists that come from high crime areas feel more comfortable. Councilman Isaac moved to have Council go out after the meeting and look at the lights; seconded by Councilman Collins. All in favor. Motion carried. Councilman Isaac stated that there was a memorandum from Bruce Abel concerning trolley cars. Councilman Isaac stated t hat he would like to have it put on the next agenda and try and make a decision. Mayor Stirling stated that he would support bringing that item on as long as it is context with the transportation development plan. Councilman Collins asked if they were putting the traffic light in at Maroon Creek. Mayor Stirling asked City Manager to check into what is happening at that intersection. Chuck Roth stated that studies were done and it was warranted, and they were sensitive t o the fact that the community didn' t want it . Mr . Roth stated that someone said the Highway Department was liable since they did a warrant study and it is needed, if the light isn't put in and there is a problem the State would be liable. Councilman Collins asked if there could be a traffic control officer or police officer performing manual assistance at this intersection. Mayor Stirling stated that this could be discussed at the budget hearing with the Police Department. Councilwoman Walls asked if it were possible to remove a light in town, i . e . , the light at Carls'. Mayor Stirling asked if there should be a letter written that in lieu of the light at Maroon Creek being installed to remove the light at Carls'. 5 Regular Meeting Aspen City Council September 8, 1986 Councilwoman Walls asked that the signs be replaced noting a pedestrian cycle. Mayor Stirling asked Chuck Roth to check this out and get back to Council. Mr. Roth stated that this is the last one in the district and Jim Bragden, Safety Engineer stated that he wanted to remove it. Councilwoman Walls asked that the Sister Cities Committee be placed on the September 22nd agenda in orde r to make a formal report t o Council. The Mayor of France entrusted Councilwoman Walls with a bronze medallion for the City that commemorates the 20th anniversary of the ascent of Mont Blanc. Councilwoman Walls turned it over to Mayor Stirling. CITY MANAGER'S COMMENTS Mr . Anderson stated that he attended the teacher' s conference over the weekend and was impressed with the seminar and the community. Ron Mitchell asked if Items i) and j) be placed on the Executive Session since staff would be asking Council directions to further a negotiated settlement. Mayor Stirling asked if Mr. Mitchell felt that if it isn't discussed during Executive Session that their point of view will be compromised at this discussion. Taddune stated that it also has the elements of a law suit. Councilwoman Walls moved to move Items i) and j) to Executive Session; seconded by Councilman Isaac. City Attorney Paul Taddune stated that we may be in litigation with this, it involves the Centennial water extension agreement, how it should be interpreted, whether or not the City should litigate, or cut off their water. Councilman Collins stated that we had already discussed taxing, egr's around a year ago. Taddune stated that he felt they didn' t discus s the water t ap fees in the context of the Centennial water extension agreement. All in favor with the exception of Mayor Stirling. Motion carried. Mayor Stirling suggested that the public hearing be placed as the second item tonight and discuss the award of the Castle Creek Trail Bridge first; seconded by Councilman Isaac. All in favor with the exception of Councilwomen Walls and Fallin. Motion carried VII (a) 6 Regular Meeting Aspen City Council September 8, 1986 CONTRACT AWARD CASTLE CREEK TRAIL BRIDGE Councilwoman Fallin left the Council Chambers since her firm was involved and it would be conflict of interest. Chuck Roth stated the Pitkin County Parks Association and Aspen/Snowmass Nordic Council have been working on connecting the trails system which would connect Difficult Campground all the way to Castle and Maroon Creek Valleys. They have been negotiating with Mr. Al Dietsch to get an easement through his property to construct a bridge. The Design Selection Committee selected the low bidder at $315, 000 which doesn't include the steel. The project was a lot more expensive than was anticipated. The low bidder amended his bid to $271,000 as a result of reducing some items off the initial bid. Craig Ward said some of the big increases were due to the inaccuracy of the topographic maps when the surveys were being done. Craig recommended that Council award the contract and to look for the bridge to increase in value as time goes on. Mayor Stirling asked Mr. Roth whose responsibility was it to have overseen the length and the increase in cost. The total of the oversight was $116,000 approximately. Mr. Ward stated that when the RFP was initially distributed one of the surveying companies here in town stated that the topo maps were accurate within two feet . It wasn' t until the award was given that an accurate survey was done. They did not have control of the error. Mr. Roth stated that the 5~ contingency is something that a number of individuals could have picked up that we did not have that in there...the topographic error wasn't foreseeable. Mr. Ward stated that if we were to bid this out next year, he couldn't imagine it coming in lower. Mayor Stirling asked Mr. Mitchell to confirm the $102,400 for the purchase of the easement from Mr. Dietsch. Mr. Mitchell stated that the figure includes entrance to the trails, the construction easement, and easements placed ??? Mayor Stirling state d that Council allocated $500,000 for the five year capital improvement program for a bridge. Mr. Mitchell stated that this was for trails improvements and $100,000 for trails repairs and improvements. Mayor Stirling asked if there was only $400,000 left. Mr. Mitchell suggested that the Council transfer money from open space acquisition into the trails program to cover the bridge and $100, 000 for trails improvements which has already been approved. If this is approved Council will have to direct Staff to make a transfer between programs...it is coming out of the same budget. Mayor Stirling asked how much we allocated for 7 Regular Meeting Aspen City Council September 8, 1986 open space--$350,000. Mr. Mitchell confirmed the figure and said we have already spent $114,000 for the Shadow Mountain. Mayor Stirling subtracted the $102,400 which would be for the easement from Mr. Dietsch. This left a total of $130,000. Mayor Stirling clarified with Mr. Mitchell that he had suggested that Council shift the allocation from 1986 Open Space over to Bridge work. Councilman Collins asked Mr. Roth to clarify the price of t he total construction of the bridge. Mr. Roth stated that it was $463,000 total. That includes the engineering and design fees. Councilman Collins asked why the steel wasn't in with the general contract. Mr. Roth stated that it is two-three weeks before he gets his notice to proceed. First of all a contractor gets notice of award, then the contractor gets performance and payment plans, and insurance papers together which takes around 2 weeks. The City then examines these papers, the quickest to sign the contracts would be fifteen days after tomorrow. Councilman Collins asked if the City could order the steel without the contract signed. Mayor Stirling clarified that if the contract is approved tonight then it is assumed that the contract was given whether t here was a signature on it or not. Councilman Collins feels that some of the things could be done simultaneously. The risk that's involved when the City has a separate contract with the steel fabricator, is when t he steel comes out to the job and it doesn't fit, then there is a question of whether it will be the City and the steel fabricator or the City and the general contractor in terms of what is taking place. He feels that it could be done much more quickly than four to six weeks. Mayor Stirling clarified that Councilman Collins was questioning time and efficiency. For example, the Cit y orders the steel even though in contact with the contractor, it would be more efficient if the contractor handled it. Councilman Collins stated that it would be the normal route to take, unless the City is going to be a construction manager. Councilman Collins asked about the timing, in the agreement there is something about having this done by the end of the year, we are now in the middle of September. Mayor Stirling stated that an amendment to the contract stated as soon as possible, preferably by the first of the year. Taddune stated that they are currently renegotiating the contract to extend that deadline a little bit. Al Blomquist stated that it is not uncommon for 20~ error, i.e., in highway construction estimates. Just one year of use is probably going to be equal to the $100,000 difference in terms of the benefits to the public especially when you visualize this is connected to the gondola system. 8 Regular Meeting Aspen City Council September 8, 1986 Councilman Collins mentioned that the bridge is very well designed; however, he suggested that it could be done for considerably less than that if it were a wood configuration. Mayor Stirling asked if we were to rebid the project and go to a wood configuration in order to make it come under the amount allocated could that be done so we could still start the project this fall. Mr. Roth stated that it would not be possible, since there are weeks involved in redesigning the bridge. In addition, there are potential costs associated with that. The bridge is designed for bicycles. Mr. Hal Clark stated that although it would be less expensive to build a wood bridge, he emphasized the difficulty in the neighborhood situation. Councilman Collins asked what was deducted out of the $53,000. Mr. Roth stated that the lights on the bridge were removed, left about $5,000 in irrigation system, and changed the pavement design from 4" asphalt to 4" base course and 2" of asphalt--about $7,500, deleted some benches--about $1,200, some bollards--about $800, wood cribbing was switched to rocks--about $2,000. Councilman Isaac moved award the steel contract to Bristol Steel for 108,925; construction contract to Engineered Structures of Wyoming for 271,363. Mayor Stirling added that the Council would allocate between the capital improvement program for open space purchase and the trail work. Councilman Isaac asked how much it would be leaving off the contingency fund. $63,000 for the construction management contract minus the $19, 000 contingency fund. Mayor Stirling stated that it would be $44,000 out of the open space allocations. Mr. Mitchell stated that the 5~S contingency fund is sufficient. If this is subtracted, a situation might occur and a decision would need to be made before a council meeting and if the decision was crucial to the project then staff would have to go back to Counci 1 . Mayor Stirling stated that the point Mr . Mitchell made was very good and explained to Councilman Isaac that the contingency was not going to be in the contract. It is just going to be allocated in case something comes up the staff would not have to go back to Council. City Manager Anderson stated that if the contingency fund was left in and do the changes that were necessary, the fund may not necessarily be used just because it is there. Mayor Stirling said that the contingency fund should be left in and the City Manager would oversee it on that basis. Mayor Stirling asked for a second to the motion including the $19,000 contingency fund. Councilman Isaac moved that the contingency fund of 5~ ($19, 000) be paid for $63, 000 out of the 9 Regular Meeting Aspen City Council September 8, 1986 open space. Mr. Mitchell said that the Council needed to authorize a transfer between programs, because they had already authorized $100,000 for trails improvements. Councilwoman Walls seconded the motion. City Attorney stated that the Council should make the awarding of the contract contingent upon the decision of Dietsch. Mayor Stirling said that the motion should be the understanding that this is contingent upon the Council's decision upon the awarding of the easement t o Dietsch. Accepted by Councilman Isaac and Councilwoman Walls. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE 34, SERIES OF 1986 - PURCHASE OF TRAIL RIGHT-OF-WAY AND CONSTRUCTION EASEMENT FOR ALFRED J. DIETSCH AND GERMAINE K. DIETSCH Mayor Stirling opened the public hearing. City Attorney said that Friday morning he met with Mr. Dietsch and has distributed the changes that Mr. Dietsch is requesting. The changes are: 1) to convert the construction "easement" to construction "license and agreement. Mr. Dietsch does not want to convey to the City a permanent construction easement for maintenance purposes; 2) the City would use its best efforts to require the County to place "no parking" signs along the entire length of 7th Street. Mayor Stirling asked Craig Ward if people will perceive this as a trail head and want to park along the west end of Hopkins...are we going to see a lot of cars down there. Ward stated that it relates to the whole Shadow Mountain trail system. Bikers will always come down 7th Street. The pedestrians and skiers will probably use the trail heads that are established. That would be a focus for the trail system to get the trail heads established. Mayor Stirling asked if it would help get bicyclers off Main Street. Craig answered that it should. Ron Mitchell stated that staff does not have a problem with this . The questions is, whether the County or the City will pay for the signs; 3) the City would post signs reflecting Dietsch property is p rivate. Mayor Stirling asked why the City would handle this. Taddune replied that Mr. Dietsch wanted some indication that the City will try to do whatever it can to insure that Dietsch's privacy is maintained. Mr. Mitchell stated that this has been done in other locations where there might be a conflict between 10 Regular Meeting Aspen City Council September 8, 1986 private use and public use. Mr. Stirling stated that Mr. Dietsch should put the signs up. Mr. Anderson stated that they will try to negotiate this. 4) the existing County easement is going to be removed or relocated because it was a factor in arriving at the appraise d value and Mr. Dietsch stated that the trail easement currently on the property if it is not removed of record within one year (1-1- 88) that the City would pay Mr. Dietsch an additional $15,000. Mr . Mitchell stated that once the City has a t ra i 1 s agreement with the County the City will have the easement and we will own it, and we will be able to do away with the easement by the river. Mayor Stirling stated that he doesn't like the $15,000 hanging over them unless they have full control over it, since anything legal could happen. 5) this item, staff requested, was the conveyance of fee simple title being contingent upon County subdivision approval. Staff doesn't feel that there will be a problem in obtaining that. This is a more pure form of ownership and the price was the same. 6) Taddune stated that he hadn't made up his mind yet on this condition since he would have to look at the title work. Mr. Dietsch would like to convey a special warranty deed rather than a general warranty deed. Mayor Stirling stated that we should get the same kind of deed that Mr. Dietsch received. 7) construction must be completed as soon as possible, preferably by 1-1-87. Mr. Dietsch would like it done as quickly as p ossible, but he might give the City a little longer, i.e., April or March. Mayor Stirling stated that a set date be stated or two automatic extensions. 8 and 9) removal and trimming of trees--Mr. Dietsch would like to require that the city do no more than what is specified on the Exhibit and that would be incorporated into the agreement. Construction of the bridge will be in accordance with the design and contract specifications. Paul Taddune did not provide any comment to the above changes requested by Mr. Dietsch. Mayor Stirling felt that it would be difficult for Council to pass the agreement, because there are too many changes that need to be amended, unless the Council feels that they are willing to give a certain amount of leeway to the Attorney or Manager to work these changes through. Councilwoman Fallin stated that every time the Council gets to a point to agree to this Mr. Die tsch comes up with a whole new list. Taddune said as Anderson points out this always happens on 11 Regular Meeting Aspen City Council September 8, 1986 land deals and Mr. Dietsch is responding to the contract we presented to him. #8 and #9 have always been part of the concept, Mr. Dietsch has always wanted design control. Mayor Stirling asked the Council if they had any strong suggestions with the list. Councilwoman Walls said she felt #4 was unnecessary. Mayor Stirling asked the Council if they understood that the easement was appraised at $420,000. Taddune stated that the reason for wanting this in one year is because Mr. Dietsch wants to market the lot and it may be less marketable with the easement. Taddune stated that the way this approached the last time was that the City would use its best efforts to relocate or cause the County to remove the trails. Mayor Stirling asked Ron if our negotiations with the County are to the point that they will automatically renew it . Ron stated that either the County will handle it or we will based upon when the trails agreement has been finalized. Taddune stated that if the County handles this they would have to be named co-grantees so t hat they could construe it as a relocation. Relocation would not require public approval whereas vacating an easement would require public approval. Mayor Stirling said the City agrees to work with the County to remove trail easement of record. Councilman Isaac moved to approve Ordinance #34, second reading, contingent on finalizing contract construction license agreement with Mr . Dietsch; with the following changes one through nine; number four being changed if the trail easement currently on the property is not removed of record the City agrees to work with the County to remove the trail easement; number six, the Dietsch's will convey a general warranty deed unless the current property is under a special warranty and/or the Counselor advises the Council that they are not in jeopardy by doing that after the Counselor reviews the title. Councilwoman Walls seconded the motion. Councilman Collins asked why 25$ of the lot is worth $102,000. Ron stated that this is because we are paying for a fee simple title, paying for construction easement, and also for an easement to place one of the piers for the bridge...the prices are based upon appraisal. Roll call vote; I saac, yes; Collins, no; Mayor Stirling, yes; Walls, yes; Fallin, yes. Motion carried. Mayor Stirling closed the public hearing. Mayor Stirling thanked the committee, Hal Clark, Craig Ward and 12 Regular Meeting Aspen City Council September 8, 1986 Chuck Roth, and all who worked on the project for having done a tremendous job. ORDINANCE 37, SERIES OF 1986 - APPROPRIATIONS Mayor Stirling moved to read Ordinance #37, Series of 1986, all in favor, motion carried. ORDINANCE #37 (Series of 1986) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $423,900; APPROPRIATING GENERAL FUND EXPENDITURES OF $295, 300; REDUCING GENERAL FUND EXPENDITURES OF $9,000; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $17,780; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $3,170 TO THE GOLF COURSE FUND; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $4,440 TO THE ICE GARDEN FUND; REVERSING A TRANSFER OF $370,000 FROM THE GENERAL FUND TO THE 1986 DEBT SERVICE FUND; TRANSFERRING $100,000 FROM THE GENERAL FUND TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING $209,000 FROM THE GENERAL FUND TO THE ELECTRIC FUND; APPROPRIATING LAND FUND EXPENDITURES OF $945,000; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $1,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $101,000; REDUCING 1986 DEBT SERVICE FUND EXPENDITURES OF $370, 000; REDUCING 1986 CAPITAL PROJECTS FUND REVENUES OF $3,000,000; REDUCING 1986 CAPITAL PROJECTS FUND EXPENDITURES OF $3,000,000; APPROPRIATING WATER FUND EXPENSES OF $14,625; REVERSING A TRANSFER OF $4,000 FROM THE WATER FUND TO THE GENERAL FUND; APPROPRIATING ELECTRIC FUND EXPENSES OF $463,000; REVERSING A TRANSFER OF $5,000 FROM THE ELECTRIC FUND TO THE GENERAL FUND; RECOGNIZING GOLF COURSE FUND REVENUES OF $6,300; APPROPRIATING GOLF COURSE FUND EXPENSES OF $8,170; APPROPRIATING ICE GARDEN FUND EXPENSES OF $4,440; REDUCING LODGE IMPROVEMENT DISTRICT FUND REVENUES OF $ 5, 0 0 0, 0 0 0; APPROPRIATING LODGE IMPROVEMENT DISTRICT FUND EXPENDITURES OF $83,200; REDUCING LODGE IMPROVEMENT DISTRICT FUND EXPENDITURES OF $5,000,000; was read by the acting city clerk. Councilman Isaac moved to adopt Ordinance #37, Series of 1986, on first reading; seconded by Councilwoman Walls. Mayor Stirling asked if the employee housing Castleridge settlement amount had been received. Craig Overbeck stated that it was. Mayor Stirling asked why the $185,000 was showing in this exhibit. Overbeck stated that we are appropriating for 13 Regular Meeting Aspen City Council September 8, 1986 this, we have revenues of $185,000. Mayor Stirling commented that this was just an estimation. Mitchell clarified that it is recognizing revenue. Mayor Stirling asked what was the ARA staffing contingency fund. Overbeck stated that this was approved on June, 9, 1986 and this is part of the contingency budget. Mitchell said this was part of the visitor's center. Mitchell said that $50,000 was spent for the City Hall Renovation. Mayor Stirling asked if the figure for Sawmill property was an estimate on expenditure land fund on what was passed tonight. Mitchell said it was. Mayor Stirling asked if the $3,000,000 under capital projects was for operating expenses for the undergrounding. Mitchell said it was. Councilman Isaac questioned the $63,000 for parks buildings. Mitchell said $3,000 was for architects, some work, and some schematics. Roll call vote; Isaac, yes; Collins, yes; Mayor Stirling, yes; Fallin, yes; Walls, yes. Motion carried. RESOLUTION 28, SERIES OF 1986 - HOLY CROSS RIGHT TO USE EASEMENT Taddune stated that this is an assignment to Holy Cross for the right to use the easements that the City is going to acquire . Mitchell stated that the memo in the packet was not with the correct item, this granting of an easement is the easement for purchasing the West End. Councilwoman Fallin moved to approve Resolution 28, Series of 1986; seconded by Councilman Collins. All in favor. Motion carried. ORDINANCE 40, SERIES OF 1986 - HOLY CROSS EASEMENT Councilwoman Fallin moved to read Ordinance #40, Series of 1986 on first reading. All in favor. Motion carried. ORDINANCE #40 (Series of 1986) AN ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE CONSTRUCTION, REPAIR, MAINTENANCE AND OPERATION OF AN UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, OR BOTH, TO BE LOCATED ON THE CITY-OWNED "LOT-1, ASPEN GOLF COURSE SUBDIVISION", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO 14 Regular Meeting Aspen City Council September 8, 1986 GRANT SAID EASEMENT ON BEHALF OF THE CITY OF ASPEN was read by the acting city clerk. Councilman Isaac moved to approve Ordinance #40, Series of 1986 on first reading. Seconded by Mayor Stirling. Councilman Collins asked if we were using more power by the Marolt Property. Ken Robbins, Holy Cross, stated that nothing more capacity than what is presently being used. Councilwoman Falling asked if this would help with the frequency of blackouts and brownouts. Ken Robbins stated that it should. Roll call vote; Isaac, yes; Collins, yes; Stirling, yes; Walls, yes; Fallin, yes. Motion Carried. RESOLUTION #29, SERIES OF 1986 - WILLIAMS ADDITION ANNEXATION Councilman Isaac moved to adopt Resolution #29, Series of 1986 on first reading. Seconded by Councilwoman Walls. Mayor Stirling asked about the water rights in that area. Taddune stated that they are reviewing the mechanical steps to obtain water rights dedications in those areas where water rights are really important to the City. There is a provision in the annexation law that provides that if the City Council is going to require additional terms and conditions then an election would be required. Whether or not a water rights dedications is an additional term or condition would be contemplated within the language. It is something that neither he nor the CML Attorneys, (150 municipal attorneys that meet every year) really understand. His concern was in a situation where the City decides to annex and where 100 of the p roperty owners have not petitioned for annexation and the people who have not participated would be encompassed within the annexation. How are we going to be able to require those people to dedicate any valuable water rights that they may have to the City? It may be that this is a non- problem, it may be that on the advise of water council the City could take the position that once the City annexes we automatically assume ownership of any water rights atten de d to the annexed property; however, as a mechanical matter water rights are generally conveyed by a deed. He continued that he is bothered by the mechanism by which the conveyance is accomplish- ed. Paul Taddune stated that he was not discouraging the Council from going ahead in this instance, since there are no real water rights, but as a routine matter they are discussing this matter in all annexations. All in favor. Motion carried. 15 Regular Meeting Aspen City Council September 8, 1986 ORDINANCE 38, SERIES OF 1986 - WILLIAMS ADDITION ANNEXATION Councilwoman Walls moved to read Ordinance #38, Series of 1986. Councilwoman Fallin seconded the motion. All in favor. Motion carried. ORDINANCE #38 (SERIES OF 1986) AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON JULY 28, 1986, COMMONLY KNOWN AS THE "WILLIAMS ADDITION" Councilman Isaac moved to approve Ordinance #38, Series of 1986 on first reading. Councilman Collins seconded the motion. Roll call vote; Isaac, yes; Collins, yes; Stirling, yes; walls, yes; F allin, yes. Motion Carried. Public Hearing will be on September 22, and final consideration of Ordinance #38, Series of 1986. ORDINANCE #39, 1986 - IMPLEMENTING H.B. 1007 Councilwoman walls moved to read Ordinance #39, Series of 1986. Councilwoman Fallin seconded the motion. All in favor. Motion carried. ORDINANCE #39 (SERIES OF 1986) AN ORDINANCE IMPLEMENTING THE REQUIREMENTS OF H.B. 1007 BY ESTABLISHING THE NONAPPLICABILITY OF THE CITY SALES TAX TO TRANSACTIONS CONSUMMATED ON OR AFTER JANUARY 1, 1986, TO THE SALE OF CONSTRUCTION MATERIALS WHICH ARE PICKED UP BY PURCHASER AND IF THE PURCHASER PRESENTS TO RETAILER SATISFACTORY EVIDENCE THAT A LOCAL USE TAX HAS BEEN PAID OR IS REQUIRED TO BE PAID; AND ALSO ESTABLISHING A SALES TAX CREDIT FOR SALES TAX OR USE TAXES PREVIOUSLY PAID TO ANOTHER MUNICIPALITY Councilwoman Walls moved to adopt Ordinance #39, Series of 1986 on first reading. Councilwoman Fallin seconded the motion. Mayor Stirling asked if this related to the memorandum Council received from John Eldert in any way, where they are invoking in t he County about levying a tax on construction materials. Ron Mitchell stated that it would if they purchased materials in 16 Regular Meeting Aspen City Council September 8, 1986 Glenwood and applied sales tax there and if we had a use tax that was adopted by the County that was County-wide within the City that use tax would not be applied to that construction company. We need to adopt this to be in compliance with the State Statues. It is unrelated to the proposal that the County is planning. Bob Anderson asked if it impacted it. Ron Mitchell stated that the impact was the same regardless of whether we adopt it. Roll call vote; Isaac, yes; Collins, yes; Stirling, yes; Walls, yes; Fallin, yes. Motion Carried. MAROLT HOUSE LEASE Councilman Isaac moved to approve the Marolt House Lease. Councilman Collins seconded the motion. Ron Mitchell stated that the lease was put together based upon Council' s instructions with a one year lease and attached the value of improvements that the Vanatta's will perform on the property. Councilman Collins asked if the purchased appliances will b ecome the City's property with the house. Ron Mitchell stated that when the Vanatta's move the appliances will go with them. Councilwoman Fallin stated that the Council agreed they did not want this to become a residence forever, but that this is just a temporary arrangement until the Council decides what to do with the property. Councilman Collins stated that wasn't his concern but that the Council was assigning a credit to something that won't be credited to the City. Councilwoman Walls stated that it shouldn't be part of the lease. Ron Mitchell stated that if the City was a typical landlord the City would be providing the appliances . Councilwoman Walls stated that it should be counted as an improvement that is being made to the house. Bob Anderson stated that this seems to be turning around a ratio between what the City is agreeing to lease the house to the Vanattas and what the Council agreed to lease the house to somebody else prior to this. Part of the reasoning that made the $900 per month lease proposal unacceptable to the Fire District was the fact that there were no appliances included. Councilman Collins moved to approve the lease deleting the purchase of the appliances and in place of that some other in- kind services equal to $2,200. City Attorney suggested security services for the Marolt Property. Councilman Isaac seconded the motion . All in favor, with the exception of Mayor Stirling. Motion carried. ANTIQUE STREET LIGHT DONATION 17 Regular Meeting Aspen City Council September 8, 1986 Ron Mitchell stated that the City would allow Mr. Stanford Johnson to re donate eighteen antique lights because he hasn't taken the tax benefit of his original donation which was 100. There is a discrepancy between the number of lights that he thinks he obtained ownership and what was in the minutes. It is n of worth enough to fight about it considering he donated over ninety street lights. If the City purchased the five from him for $5, 500 which will come out of the Downtown Lighting Project, the City is still coming out ahead. Mayor Stirling moved to accept the redonation of eighteen antique light standards and the purchase of five antique light standards from Mr. Standford Johnson allocating that amount from the lighting program. Councilwoman Walls seconded the motion. All in favor. Motion carried. GRASSROOTS APPOINTMENT Mayor Stirling asked if the Council had anybody in mind that they would like to have as the City appointment, as stated in the letter from Mr. Margolis it ought to be someone who is not a member of the Council or City Staff. Councilwoman Walls stated that she feels the letter meant that it could be a member of the Board. Mayor Stirling stated that he felt Andy Corwin or Greg Poschman might be interested. Mayor Stirling stated that it should be published in the paper and apply to Council. Mayor Stirling moved that the Council advertise in the newspaper for applicants to be on the Grassroots Board and submit applications to the Clerks Office immediately and the Council will decide at the September 22 meeting. Councilwoman Walls secon de d t he motion. All in favor; with the exception of Councilman Isaac. Motion carried. SUNNY PARK NORTH - REQUEST TO WAIVE PARK DEDICATION FEE Steve Burstein displayed a map that showed what was adopted for the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Element and shows the Salvation Ditch connection that goes along the East side of town. The Siegel-Smith's property is located, lots 5 and 7, in the Sunny Park Subdivision, the Salvation Ditch runs through their property. They received approval for the 8040 Greenline Review. The Siegels and Smiths have agreed to dedicate the trail to the City in exchange for a roadway easement along the Salvation Ditch through the County Property. Barry Siegel stated that their understanding was that in order to get a building permit they had to grant the t rail easement and they were willing to do this. They have established 18 Regular Meeting Aspen City Council September 8, 1986 an approximate path that that trail will take 182 feet long, 10 f eet wide and 1, 92 0 square feet based on what he paid for the property, at $4.08 per square foot, the trail would be worth $7, 833.60. If computed accurately the Park Dedication fee of $1,875 the trails value is far in excess of the Park Dedication fee, and pursuant to Section 7-143 they can dedicate land in lieu of monetary funds. Councilman Isaac asked if there was a trail along the Salvation Ditch. Steve Burstein stated that there was a road back there at this point. Mr. Siegel stated that the road is the access to their homes. Paul Taddune stated that they have been required to grant the easement, the question for Council is whether or not they waive the fee. Councilwoman Fallin moved to waive the park dedication fee on the property of Barry and Sharon Siegel and Bob and Glenda Smith conditioned upon the owners providing a specific easement. Councilwoman Fallin asked if this could be down with a letter of transfer instead of a survey. City Attorney stated that he wanted to make sure the staff was in agreement with what they are proposing to designate as a trail. This does not impact the ditch the easement is not on the Salvation Ditch but adjacent. The facts that have been presented in this application or situation would give rights to liability. Mayor Stirling clarified the motion as to waive the park dedication fee and not require a formal survey but leave that determination upon the Planning Office. Councilwoman Fallin stated yes and that her intention was not to cause more expense. Mayor Stirling seconded the motion. Councilman Collins asked if Council was waiving the fee or taking an easement in lieu of cash. City Attorney stated that the Council was recognizing the dedication of an easement to the City as a park dedication fee. All in favor. Motion carried. GMP ALLOCATION EXTENSION - ASPEN MOUNTAIN PUD Mayor Stirling said that Alan Richman had summarized the criteria for review and approval which deal with the issue and the overall community interest. Alan Richman said that the issue were trying for is in the memorandum which I wrote to you and I found the property not to be in the best of condition. There are two questions that I would like to ask you...one being, the volume of material storage. The situation which occurred earlier this year when Council received complaints about the condition of the 700 S. 19 Regular Meeting Aspen City Council September 8, 1986 Galena site. Jim Pavisha explained to staff that he was just being a good neighbor trying to work with the adjoining property that is going under construction and try to provide some room for material storage . I would like to be able to give Jim some better guidance in the future as to whether that kind of storage is acceptable to Council. We have the authority through the PUD agreement to allow such material storage, we could also prevent material storage in the future, if that were unacceptable to Council. Some of the material storage is for the Aspen Mountain PUD p roject, other material storage on site is either from the Electrical Undergrounding Project, and also the Little Nell Project. The second thing is the question of parking. It has been used for parking off and on this summer. Jim informs me that it really hasn't been a formalized activity by the owner. The zoning code and commercial parking operations would not be allowed in this zone district, so I would suggest that we entertain with the applicant any opportunity for commercial parking on this site . Bob Hughes stated that they are in litigation, to resolve a title problem, but feels they h ave a handle on it and expect to have a fairly expeditious resolution that even though it is in court. Mayor Stirling asked how many days or how many months they estimate that the motion for summary judgement is going to court? Mr. Hughes felt it would be about a month, to one month and a half and said that if the council granted them a 180 day extension, that it would get them pretty close to where they were before they discovered this mistake, and they have to come back for a very brief extension, once again. Tom Isaac felt that the Council didn't have anything to gain by not granting the extension? Mr. Hughes felt that the City did and there isn't anybody that is asking for these allotments, and it was quite a process that Council went through and it would be a shame for something fortuitous like this title problem to undo all that was done. Mr. Hughes assured the Council that they have been diligent in trying to get the title problem resolved. Mr. Hughes stated that Commerce has entered into a contract with Donald Trump. In the event Commerce comes back into the property, Mr. Trump will buy the hotel site and then on the other hand if Commerce does not come back into title the property, Mr. Roberts redeems title. Councilwoman Walls said that she never was happy about the time constraints and always thought that once they gave somebody an allotment then, that should be it, if it takes them twenty years to build it. As long as that didn't spend that twenty years digging holes or that they didn't use the property for storing building materials for some other project. She asked 20 Regular Meeting Aspen City Council September 8, 1986 Councilwoman Fallin if she was going to make a suggestion about using that for parking in the winter. Maybe extend it with some sort of agreement, with the City to just use that for parking. Councilwoman Fallin said she would if they don't have some kind of liability, and that people are parking in there now. Jim Pavisha said they gave it to the Ski Company last year for the World Cup and during the Fourth of July, weekends, and times like that it is full. Bob Hughes stated that if it could be graded or whatever, and made a little better and they don't have any liability p roblems with that he would like to see it used for parking. Mayor Stirling asked Bob if the City did something like they did with the space behind the First National Bank, which was a joint effort where, they created and introduced about fort y- five new spaces for parking, and its one of the most used lots around now, and they could use that first before they go down to Rio Grande. He continued that he felt that was Alan's notion. Councilwoman Fallin said she wanted to preface the fact that she' s going to vote for the extension, but not for parking. Mayor Stirling said that he thought that was an issue, whether or not conditions should be held as requirements there for the extension of the gmp. Jim Pavisha said that there are short time periods and they can stop all of it the material storage but right now, they are storing the conduit, for the City's Underground electricity. The Ski Company will be out by October 1, and Holy Cross will be out by October 1, the spools are part of the underground electricity project. All of the asphalt concrete is stacked up by the contractor during the City's underground electricity. The Canyon Cable thing, has been removed effective today. Councilwoman Fallin said that maybe the City can't get away from material storage. Councilman Isaac said that he was satisfied with that. Mayor Stirling said that handled the material storage and asked about the second issue, parking. Jim Pavisha said that they don't have a problem with letting people park there as long as their liability issue could be discussed. If it became official then they need to go back and look at the liability. Mayor Stirling asked if the City used it out of a force account approach, and have City equipment move some earth around and level it off. Jim Pavisha said that would not be a problem. Bob Hughes stated that would take it from the unofficial to the official. Councilman Isaac suggested leasing it to Robert Klein. Mayor Stirling said that since he wants to run a concession that it's not zoned to be used in a commercial way. Alan Richman said that he thought it was CC and the C1 are the only zones that have a commercial parking lot." Bob Hughes asked if a nominal lease 21 Regular Meeting Aspen City Council September 8, 1986 with the City would have any appeal? Mayor Stirling said that it would be of interest. Paul Taddune said that it had to be very short term. Mayor Stirling said the City could run it with the extension and then renew. Paul Taddune said that we would then be starting to fool around with the PUD approval. Councilwoman Fallin moved to grant the extension. Councilwoman Walls seconded the motion. Councilman Isaac asked if the extension was 180 days. Mayor Stirling said that was as far as the City could take it. Councilman Collins asked about changes in the building plan, building program? Then they might nee d another. Alan Richman said they either the City would find the need to do a gmp amendment if they had a minor modification or if they had major changes, they would need to go through the entire process start with the Growth Management Program all over again. Alan Richman said that they were thinking about some parking on t he site, but were going to recommend that some fencing be put up, because the hole does drop off just a ways beyond the area where parking would be allowed. That would be the kind of liability. Mayor Stirling asked if they would be willing, to p rovide more security. Jim Pavisha said they could but wasn't sure how, they could do more than we've done in that area, particularly on the northern side. Ron Mitchell said that we are requiring more than just initial clearing from the Street Department, especially if we are going to use it this winter, it will require the plow if the snow falls to clear it out. Mayor Stirling asked who plowed the lot down. Ron answered that we do. Paul Taddune asked if they would make a donation of use to the City during the ski season that the City can accept and use for parking purposes. Mayor Stirling said since we have the equipment that would be for us to work out. Councilman Isaac said that it should be turned over to staff, and have them bring back a proposal in a week. All in favor. Motion Carried. Councilman Isaac moved to instruct the staff to work with the Aspen Mountain Lodge Project people and see if we can put together a proposed parking lot. Mayor Stirling seconded the motion. All in favor. Motion carried. CITIZEN COMMENT--BOB KLEIN'S REQUEST 22 Regular Meeting Aspen City Council September 8, 1986 Councilman Isaac does not feel that Wagner Park should be torn up for parking. Council opposed to Wagner Park being used as a parking place. INDEPENDENCE SQUARE - WALL GRAPHIC Mayor Stirling asked if there was in fact a saloon in this building. Gaard Moses stated that the graphic was only a representation of a scene, melting together the old and the new. Councilwoman Fallin asked if the graphic was going to be above where the stairs used to be. Gaard Moses said it would. City Attorney asked if it had been referred to the building department. Mr. Moses said it had been. Councilman Isaac said that he didn't know if it conformed with the sign code. Mr. Moses said that there was a separation in the sign code between signs which are legislated by the sign code and wall graphics. This is specifically part of the wall graphics. Mayor Stirling stated that the other graphics that Mr. Moses has done around town have been in the historic traditions of those buildings, e.g., the Promenade above Toros, and that they are keeping with the downtown historic nature. This graphic does not add a real dimension to a real waste land. Steve Burstein stated that the HPC felt it did have a historic value to it and it filled a dead corner and would liven up the wall. Councilman Isaac moved to deny the request to paint the wall on the Independence Building. Mayor Stirling seconded the motion. Councilwoman Walls asked if they had approval for the sign yet for the Hotel. Steve Burstein stated he didn't know where the sign is but they have received approval for an awning over the entrance of the Hotel. Councilman Collins said that the attachment said 45 feet of painted area, that's not pertaining Mr. Moses work. Mr. Moses stated that it goes back, he didn't illustrate the whole thing, it more less fades as it goes back. Councilwoman Walls feels that it is too busy. All in favor. Request Opposed. CHILDREN'S FESTIVAL Mayor Stirling stated that the Children's Festival was requesting a few additional items. Mayor Stirling stated that the Council would address each item individually. Number one, asked for the Council's permission to hang a banner and waive the fee. Since the Council invoked the fee, the Council has not yet waived the fee. Councilman Isaac stated that he would be in favor of waiving the fee. 23 Regular Meeting Aspen City Council September 8, 1986 Councilwoman Fallin moved to waive the hanging fee for the banner. Councilman Collins seconded the motion. All in favor, with the exception of Mayor Stirling. Motion carried. Numbe r two, stage to be built on Wagner Park. Mayor Stirling asked Jan Gessele if she knew that the Aspen Resort Association has their own stage, which they have already used for one event and to contact Tom Hines. Mayor Stirling stated that this is a joint effort and will be available for occasions such as this. Number three, electricity. Jan Gessele stated that she did not need this any longer, as stated that she understood their is electricity above the restrooms. She was initially asking f or electricity, because she thought the Bavarianfest would be happening to and they were having a band. She thought there wouldn't be enough electricity to go around, and they have since cancelled. Number four, trash removal. Councilwoman Fallin stated that this was done by private enterprise and suggested she contact BFI and see if they would donate trash removal. Number five, funds. Jan Gessele stated that they are very low on funds and they have three super entertainers out of Boulder and Denver that would cost them $250.00. They would really like to have them come, and everything is coming together beautifully and they have a lot of the towns people, karate kids, gymnasts, and music...the whole town has really pulled together with helping them and giving them fine entertainment. They have the Mayor will be doing opening ceremonies. They have people donating rooms for them to stay in so these artists have really lowere d their fees to be able to come. Councilman Isaac motioned to approve the $250.00 out of their contingency fee. Councilwoman Fallin seconded the motion. All in favor, with the exception of Councilwoman Walls. Motion carried. CITY MANAGER HOUSE LEASE City Manager Bob Anderson said the lease would be $1,250 for 35 days. Mayor Stirling asked Councilman Collins and Bob Anderson if it appeared as if by September 22, there might be a firm decision. Mr. Anderson said that they would be meeting tomorrow night to discuss it and there is a good possibility. Councilman Collins moved to approve the proposed 35 day lease. Councilwoman Walls seconded the motion. Mr. Anderson said it will be $625.00 per pay period. All in favor. Motion passed. 24 Regular Meeting Aspen City Council September 8, 1986 RESOLUTION #31, SERIES OF 1986 AND ORDINANCE #40, SERIES OF 1986- -BUILDING DEMOLITION MORATORIUM Mayor Stirling stated that the list was all the properties that were surveyed. The actual list is very limited, those who chose to be on the list are the only properties who have to come before the City for demolition permits. Steve Burstein stated that 75 structures, including some in the Commercial Core, are designated. There are 275 structures on the list. Alan Richman stated that as part of the Historic Element, Council established as highest priority two items. 1) demo review procedure and 2) designating the town-site or having a mandatory designation process by the City. The Planning Office was preparing an ordinance on the demolition process to go along with the element, those two issues are very inter-related. The Code reads currently ... "All structures that are individually designated, already must come before the Historic Preservation Committee for review." If the City were to go to the procedure either of a town-site of Aspen Historic District, or mandatory designations by the City. Either of those approaches would result in all the historic structures within the City, everything on the list, having to go through the HPC for review. The ordinance is not prohibiting the owners from having other uses of the property but an opportunity for the City and Historic Preservation Committee to investigate ways of saving structures when the thought of demolition is apparent. Councilwoman Fallin asked why there was a six month limit as opposed to ninety days. This is in recognition of the workload of the Planning & Zoning Commission and the Planning Office will not be able to get into the Planning & Zoning Commission for a public hearing on any part of the ordinance until October. Mayor Stirling moved to read Ordinance #41, Series of 1986. Councilwoman Fallin seconded the motion. All in favor, with the exception of Councilman Isaac. Motion carried. ORDINANCE #41 SERIES OF 1986 AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, IMPOSING A SIX (6) MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE AND/OR PROCESSING OF ANY APPLICATION FOR A BUILDING PERMIT FOR THE DEMOLITION OR REMOVAL OF ANY STRUCTURE SURVEYED IN THE 1980 ASPEN INVENTORY OF HISTORIC SITES AND STRUCTURES AS AMENDED Mayor Stirling moved to approve Ordinance #41 Series of 1986 on first reading. Councilman Collins seconded the motion. Councilman Collins asked what the 1980 Aspen inventory. Alan said the list was a work project that was accomplished by John 25 Regular Meeting Aspen City Council September 8, 1986 Standford and Vera Kirpatrick. There was a rating system developed that categorized structures. Councilman Isaac felt that moratorium was a terrible word. The Council is taking away the owner's ability to do anything with their property, they had no idea this was coming on the agenda tonight. Mr. Richman said that this action only affects demolition on the removal, it does not affect alterations, any types of construction activities, just the loss of the house. Councilwoman Walls stated that this is just first reading and the public will have an opportunity to know what is coming up and come to the public hearing and object. It takes away any options for two weeks. Mayor Stirling said that we are seeing an erosion of Aspen's Historic identity and if the citizens on their own are not willing to do it, he feels it is incumbent on the Council representing the people of Aspen to make what is a dramatic move. This is to preserve the character of Aspen. Councilman Isaac said that he agrees with the goals but not the methods. Mr. Richman said that he feels the citizens are going to support this action sometimes we have to take a bold action to preserve something in the communities best interest. Mayor Stirling said if the Council does not take any action the erosion will go further. Gideon Kaufman said that the Council will get responses that they don't want. He already had one client, forced by this action, pull a demolition permit, not necessarily because he wanted to but because of this act. He doesn't disagree that a problem may exist it needs to identify specific structures. He feels the public will do something before the City does it to them, that is the type of message they are getting. Mayor Stirling said that it is not secretive, this is only the first reading, this is only an interim measure for fourteen days so there can be a public hearing. City Attorney said that the Ordinance that has been presented to Council should be amended to reflect the list that had been distributed and incorporated into the ordinance. Roll call vote; Isaac, no; Collins, yes; Stirling, yes; Walls, yes; Fallin, no. Motion Carried. Councilwoman Walls moved to approve Resolution #30, Series of 1986, authorizing administrative delay and acceptance of processing the application for a building permit, for demolition or removal of structures surveyed in the 1980 Aspen Inventory Historic Sites and Structures as amended. Councilman Collins seconded the motion. All in favor, with the exception of Councilman Isaac and Councilwoman Fallin. Motion carried. CONSENT CALENDAR--SPECIAL EVENT PERMIT - ARA--LIQUOR LICENSE RENEWALS - MAGNIFICO'S; SMUGGLER LAND OFFICE; STEAK HOUSE 26 Regular Meeting Aspen City Council September 8, 1986 Councilwoman Walls moved to approve Consent Agenda. Councilwoman Fallin seconded the motion. All in favor. Motion carried. GARFIELD YOUTH SERVICES ORGANIZATION Patty Phelps, Director of Garfield Youth Services, said during the last year has been doing tremendous work with criminal justice children. Mainly there is not a lot of activities, in Pit kin County dealing with kids in our justice system, in July they expanded into Pitkin County and starting working with kids through the D.A.'s office. There is a counselor who meets with the kids and families to discuss schools and other agencies that they have been involved with and then set up a useful public service plan. What happens is parents rescue their children when they get into a difficult situations, so they require that all the children that are involved in their project do service hours. The counselor who is working here is Debbie Spear, and can be contacted at the D.A. office. They receive a third of their funds from the State Division of Youth Services, third from the Cities and Counties and School Districts in Garfield County, and third from fund raising and donations. Their budget is $200,000. Keren L. Matsoukas, Executive Assistant 27