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HomeMy WebLinkAboutminutes.council.19890925Regular Meeting Aspen City Council September 25, 1989 SCHEDULED PUBLIC APPEARANCES 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 4 CONSENT CALENDAR 7 ORDINANCE #55, SERIES OF 1989 - Historic Landmark Incen- tives 8 ORDINANCE #56, SERIES OF 1989 - Historic Designations 8 ORDINANCE #57, SERIES OF 1989 - Campaign Contributions 8 CONCEPTUAL PUD - Marolt Ranch 10 SPA AMENDMENT - Rio Grande Property Snowmelt Facility 13 LOCAL PREFERENCE 14 ORDINANCE #19, SERIES OF 1989 - Liquor License Training 14 REQUEST TO USE CITY PROPERTY - Animal Rights Organization 15 ADJUSTMENT COMMUNICATIONS SPECIALISTS 17 HORSE DRAWN TROLLEY PLAN 18 ADMINISTRATIVE POLICIES - Real Estate Transfer Taxes 20 ENCROACHMENT REQUEST - 1010 Ute Avenue 22 ASPEN GROVE CEMETERY FENCE 24 27 Regular Meeting Aspen City Council September 25, 1989 Mayor Stirling called the meeting to order at 5:03 p.m. with Councilmembers Crockett, Gassman, Peters and Tuite present. SCHEDULED PUBLIC APPEARANCES 1. Mayor Stirling acknowledged the very good work of Grassroots, the oldest community access television station in the country and the camera man, Kevin Erdman who has been covering Council meetings for the past year. The coverage has been thorough and well done. 2. Mayor Stirling said Jan DeGaetani, an internationally know mezzo soprano who has been coming to Aspen for several years, died recently. Mayor Stirling said Council sent their sympathies to her family. CITIZEN COMMENTS 1. Rachel Richards told Council there is a meeting October 2 at 10 a.m. between the Division of Wildlife and concerned citizens about whether the mitigation of impacts for the Burnt Mountain development are sufficient or not. Ms. Richards said she has post cards available for people to send to the DOW to let them know they wildlife should be the first priority. The meeting will be at A.C.E.S. 2. Peter Van Domelen, representing AJJ Ltd developer of the Victoria Square, told Council there was a subdivision improvements agreement entered into with the city in July 1987 where the developer was obligated to pave the alley between the two blocks. Van Domelen said he was advised last week that Council told the engineering department to instruct the developer not to pave that alley. Van Domelen said the only access to the houses being built is the alley. There are not curb cuts along Hallam or Bleeker. Van Domelen said this alley was blacktopped years ago but is in a state of disrepair. Van Domelen questioned whether the Council can abrogate its contract. Councilman Peters moved to add this to the agenda as item VIII (r) ; seconded by Councilman Gassman. All in favor, motion carried. 3. Phil Bryne, representing the Aspen Skiing Company, reminded Council they are building an expanded employee housing project next to the Holiday House. Bryne requested the water tap fee be waived for this project in light of the fact that it is 100 percent employee housing. Mayor Stirling said his understanding that employee housing projects, public or private, would have the tap fee waived. Councilman Tuite said the motion named specific projects to have their tap fee waived. Councilman Tuite said the Council had asked for a report on what the tap fees will be. Bryne said they are not sure what the fees are and what the rebate on the 1 Reaular Meetina Aspen City Council September 25, 1989 swimming pool would be. Bob Gish, city engineer, told Council he will put a report together for the next Council meeting. Council- man Peters said he favors exempting projects that have open accessibility for employees and would prefer not to waive these tap fees. Mayor Stirling moved to direct staff to research the value of the tap fee and the issue that has been raised of public versus private sector in terms of that as an incentive and put this on the October 9th agenda; seconded by Councilman Peters. All in favor, motion carried. 4. Jon Busch informed Council that the trolley supporters have raised the $26,000 to perform the cost analysis and feasibility study for the trolley system as a cross town shuttle. Busch said the consultant can meet the time frame of having the study done by the first of the year. Busch told Council Hadid Aspen Holdings gave half the money for the study and a lot of other people put up the other have of the money. 5. Marvin Jordan, CCLC, requested that timed parking be taken off the consent agenda. Councilman Peters moved that timed parking policy be added to the - agenda as item VIII (s); seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. 6. Lee Ambrose, representing the People's Rights Organization, said they have observed that antics of some Councilmembers during meetings. Councilmembers Crockett, Gassman and Peters have made a mockery of the process of government. It has become obvious that they have neither respect nor regard for those individuals in the community who may have something to contribute. Ambrose said the disrespect and disregard for the desires and opinions of some residents of Aspen has been blatantly evidenced by notes which were passed during the meeting of September 11. Ambrose said the sophomoric actions on the part of some council members make a farce of representative government in Aspen. Ambrose said it is time for Crockett and Gassman to show some true respect for the office. Ambrose said to save cost and embarrassment of a recall election, both should resign and should issue a public apology to Dr. Whitcomb and the residents of Aspen. 7. Richard Compton said the same people whose candidates were beaten in the last election are the most vocal in the request for resignation or recall. Compton said this is a greater travesty of representative government than what has been done by Councilmembers Crockett and Gassman. 2 Reaular_Meetina Aspen City Council September 25, 1989 8. Dan Arrow said he was embarrassed by what happened and because of what it does to the name politician. Arrow requested that Councilman Crockett apologize. Arrow said the biggest burden a politician has is to represent the minority. Arrow said this kind of thing is tearing apart the community. 9. Karen Day said she is sad for everyone there has been a lapse in manners. Ms. Day said a lapse in manners is not as critical as this town in a turning point in its history and strong leaders are indispensable. Ms. Day said Steve Crockett is a strong leader and speaks his mind whether or not it is popular to do so. 10. Phyllis Bronson Lobel said the biggest issue in this is disappointment. Ms. Lobel said she feels trepidation in standing in front of Council. Away to eradicate this is to begin with an honest apology. 11. Fred Peirce agreed this town is at a turning point and needs leadership. Peirce said his question is whether a person whose stated objective is to extend his adolescence belongs in a position of community trust. 12. Richard Roth encouraged Councilmembers Crockett and Gassman to serve their term. People have voted for them and that is how the democratic process works. Roth said those who have never thrown a stone can talk; however, almost everyone has made comments about their opponents and are righteous about their viewpoints. Roth said the issues are housing, transportation and better air quality. 13. Les Holst said people voted for Crockett's passion without an expectation of him to change. Holst encouraged all of Council to serve out their term, to do their best and to keep doing it with passion. 14. Laurie Moss said everyone has different ideas and different agendas. Ms. Moss asked for Council's respect of citizens as citizens should respect the Council. 15. John Humphrey said in a democratic process there should be give and take and serious review and listening to people's points of view, not making jokes behind people's backs. Humphrey said he does not think Council is doing a good job as they should be. 16. Frank Ross said regardless of whether Council believes in the same thing as the citizens, as elected officials they are required to listen to the citizens. The Council is not doing what they are supposed to be doing. 3 Reaular Meetina Aspen City Council September 25, 1989 17. Hans Gramiger said this is out of proportion; however, public justice has been done by the airing of this issue. Gramiger said resignation is out of order; recall is out of order. Mayor Stirling agreed public meetings are not a free for all. The Council is trying to do their best to work on behalf of all the citizens. The Council are public servants and have to be respect- ful, patient and listen to citizens. Mayor Stirling read a statement of Council, which has been signed by all 5 members of Council. "Several of our recently adopted goals affirm our belief that people should be treated with sensitivity and respect. At our last Council meeting we fell well short of achieving those goals. We did not treat some citizens with respect. We were insensitive to people's feelings. We made a mistake. We are genuinely sorry for any pain we may have caused. We believe in our goals. We knew that achieving them wasp' t going to be easy . We knew that we would not always succeed. When we fail, we ask for your forbearance and your support. When we succeed, we ask for your encouragement and your support." Mayor Stirling said Council should move on. Citizens should make any determinations on this they would like to make. Mayor Stirling said Council was elected on a platform of restoring Aspen as a town and addressing the negative effects of overdevelopment and the erosion of affordable housing. Mayor Stirling said it is not easy to seek a vision, articulate a vision and go after it. Mayor Stirling said he regrets what has happened. Mayor Stirling said for the Council to be effective, it is fundamental to have the citizens' support. COUNCILMEMBER COMMENTS 1. Mayor Stirling said he would like to extend the local search for city manager for two more weeks. Mayor Stirling suggested a subcommittee to establish interviews as soon as possible. Mayor Stirling requested other Council members to complete assessing the applicants. Mayor Pro Tem Gassman will be on the subcommittee. Mayor Stirling moved to extend the search for two more weeks and to begin interviews as early as possible with candidates deemed to meet the requirements for an oral interview; seconded by Councilman Crockett. All in favor, motion carried. 2. Mayor Stirling said there is a request to add an engineering vehicle to the consent agenda. Mayor Stirling asked if this should be dealt with during the budget hearings, and is it necessary to buy this vehicle when the city is making an effort to cut down on vehicle use. Bob Gish, city engineer, said this was budgeted for in 1989 and is to replace an aging vehicle. This was justified during the 1989 budget process. 4 Reqular Meeting Aspen City Council September 25, 1989 Mayor Stirling moved to place the engineering vehicle on the consent agenda; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. 3. Bill Efting, acting assistant city manager, announced that the Council has authorized a free golf day for Sunday October 1st. Efting said there has been another outstanding season at the golf course and this is a thank you to the community. 4. Mayor Stirling said there has been a request by the Aspen Coalition of Concerned Citizens to cancel the work session scheduled for September 26th at 5:00 p.m. 5. Councilman Peters asked how the recruitment for staff attorney is progressing. Sandy Stuller, city attorney's office, said this vacancy has been published in various publications. The deadline for applications is November 1st. Ms. Stuller said she will present 3 to 5 candidates for Council's review. 6. Councilman Peters brought up Section 1-104(b)(c) in the land use code, applicability, and asked that the attorney and planning staff review the section. Councilman Peters said this concerns the applicability of the land use code and allows an individual with a land use application to proceed under the code in effect at that time. Councilman Peters said he thinks this section vests rights to the land use code in effect at the time. Sandy Stuller, city attorney's office, said the state statutes provide that upon completion of a site specific plan plus an ordinance vesting rights, rights will vest over and above what the common law principles are. This is not a mandate that requires Council afford an applicant the benefits of the law when an application is made. 7. Councilman Gassman told Council the housing authority discussed housing essential community personnel earlier and there was not much enthusiasm from the county. Councilman Gassman said there has been a lot of work already done on this. Councilman Gassman suggested this be added to the work session with the Commissioners on October 3. 8. Councilman Gassman said the city has been working on a tree planting program. Councilman Gassman suggested this be scheduled for a work session. Council scheduled this for October 16th at 5:00 p.m. 9. Councilman Gassman said at the goals session with staff, Council talked about a next step to formalize implementation of the goals. Bill Efting suggested scheduling some more coffee meetings with the employees. Efting suggested adding a line to each staff 5 Regular Meeting Aspen City Council September 25, 19.89 report identifying that topic with Council's goals as well as adding this to the monthly report. 10. Councilman Gassman said there is an item on the agenda discussing the appointment of Charles Cunniffe to the HPC. Cunniffe just got back into town today. Councilman Gassman moved to table VIII(p) to October 9; seconded by Councilman Peters. All in favor, motion carried. 11. Councilman Crockett said Council is trying to encourage employees to use alternate means of transportation. Councilman Crockett suggested covered storage for bicycles. Council agreed to have staff look into this. 12. Councilman Crockett said in the goals meetings Council discussed having some room on packet items for general comments. Bill Efting suggested having an extra packet in the mail room for general comments and then bring this to the meeting. Councilman Crockett asked if the goals have been divided between departments. Efting said he has them broken down and it waiting to see what the next step is. Councilman Crockett said he would like to continue to work staff on the goals. Councilman Peters moved to allow Councilman Crockett to keep working on the goals; seconded by Councilman Gassman. All in favor, with the exception of Mayor Stirling. Motion carried. 13. Councilman Crockett said he as been working with staff on a transportation planner and is not sure where this is going or if he is pursuing the right path. Councilman Crockett said he feels the city needs a staff person to aggregate and implement all the transportation planning that needs to be done. Bob Gish, city engineer, told Council he is ready to come to Council and outline their plan. Councilman Tuite said RFTA is charged with a TDP which is all encompassing. Councilman Tuite said the TDP should be updated and worked in conjunction with what Council is discussing. Councilman Crockett said he would like the plan to include who is going to implement all of it or pieces of it. 14. Councilman Tuite said RFTA is in the budget process. The current proposal is to extend service to Carbondale to 5 buses. Councilman Tuite said RFTA staff is recommending to change the historic budget assumption; that RFTA has always been conservative in the sales tax estimates. The county has made a projection of double digit increases in sales tax; RFTA staff has accepted that increase. This has repercussions that more funds appear to be available for service. Mayor Stirling moved to urge Councilman Tuite to take the more conservative approach that has historically been taken. Council 6 Regular Meeting Ashen City Council September 25, 1989 agreed that Councilman Tuite should take the conservative approach. Councilman Peters said there is a transportation problem and he would like to not see a huge surplus at the end of the year. If the money is coming through from the tax, the bus service should be increased. 15. Councilman Tuite said he would like to see water conservation devices adopted for the city. Councilman Tuite said the city's impacts can be felt on the sanitation plant. Councilman Tuite said if this is adopted in the city and works, it should be taken to COG for their adoption. Councilman Tuite said he would like to see the western slope adopt this and take it to the Governor for their consideration. Council agreed. 16. Bill Efting told Council the asbestos removal at the city shop is on schedule and budget. Bob Gish said there will be a tour of the city shop Thursday, September 28 at 10:00 a.m. 17. Bob Gish, city engineer, introduced Jack Reed, the new street superintendent. Gish told Council Reed has extensive experience at another resort community and has a lot of innovative ideas. CONSENT CALENDAR Councilman Gassman moved to adopt the consent calendar as amended; seconded by Councilman Peters. The consent calendar is: A. 1990 Budget Hearing Schedule B. Minutes - September 11, 1989 C. Liquor License Renewals - La Cocina, Club Andiamo; Molly Gibson; Of Grape & Grain D. Ute Avenue Improvement District E. Dependent Insurance Coverage F. Request for Funding Golf Course (Bill Efting) G. Request for Funding - Moore Pool Roof Repair (Bill Efting) H. Engineering Vehicle - Budget Transfer All in favor, motion carried. Harold Whitcomb said this real issue in this problem is that when he came before Council to present a critical matter to his family and after Council's personal mail was picked up, he felt he was not being listened to. Whitcomb said he felt certain Councilmembers had no interest in what he had to say and were not willing to due process as all elected people should do. Whitcomb said he feels what has happened with this Council is "us against them". Whitcomb said everyone is involved in this process and until everyone gets the idea it is "us" and we need each other to solve problems, they will not be solved. Whitcomb said unless this is corrected, the town is in serious trouble. Whitcomb said there is a rift that is 7 Regular Meeting Aspen City Council September 25, 1989 not going to be solved by passing an apology. Council has to satisfy the electorate that they are willing to listen to the process with dignity and due respect. Whitcomb said everyone is in this together and has to pull together. ORDINANCE #55l SERIES OF 1989 - Historic Landmark Incentives Roxanne Eflin, planning office, told Council this is a code amendment that allows for permitted and conditional uses on designated parcels of non-conforming size lots. Ms. Eflin said this is an appropriate incentive. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #55, Series of 1989, on second reading; seconded by Councilman Crockett. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #56, SERIES OF 1989 - Historic Designations Roxanne Eflin, planning office, told Council these are the 99 and 100 landmark designations. These are for 309 and 315 East Main street and 706 West Main. Ms. Eflin said the condition of approval deals with the minimum maintenance approval for the two structures at East Main, which they have agreed to. The owner of 706 East Main is requesting a designation grant of $2,000. The structure is rated 1 and the code allows for structures rated 4 or 5 to get a designation grant. Ms. Eflin said staff feels the grant is appropriate and within the spirit of what is accomplished in the incentives. This will be the 5th grant this year and the funds are available. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #56, Series of 1989, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Gassman, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. Councilman Peters moved to approve the $2,000 designation grant for 706 West Main; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #57, SERIES OF 1989 - Campaign Contributions Councilman Peters said this is a campaign contribution limitation for candidates only, not issues. The ordinance contains provisions 8 Regular Meeting Aspen City Council September 25, 1989 for reporting and publishing false information. Councilman Peters said this was crafted from ordinances in other communities and Supreme Court precedents. Councilman Peters said he would like to add some provisions to this ordinance and amend it on second reading. Councilman Peters said he would like to add a cut off for contributions that precedes the election. Councilman Peters said the time frame for elections in Aspen is very short and most of the advertising takes place right before the election. Councilman Peters said most of the contribu- tions are reported after the election. Councilman Peters said the voters have a right to know who is supporting a candidate. Councilman Peters said some other cities have a cut off date of contributions to 5 days before the election. Councilman Peters said this ordinance calls for a claim or complaint by any citizen to be processed by the city attorney. If the city attorney chooses not to process such a claim, any citizen is entitled to proceed civilly with a claim. This would entitle anyone who proceeded with a claim and prevailed to attorney' s fees . This is a way to reimburse people who are keeping the elections honest. Councilman Peters said there are some additional reporting provisions he would like to include in order to help voters make a decision. Sandy Stuller, city attorney's office, said the only contribution report before the election has to be submitted 11 days before the election and have all contributions submitted within 5 days of that report, which makes it 15 days old. Ms. Stuller said she will have to look into how much publication time is needed to change this reporting requirement. Mayor Stirling opened the public hearing. Councilman Peters said the purpose of this ordinance is to let the public know how much money is being spent on a candidate and let the public decide if that if information that is useful in making their decisions. Richard Roth said it is important to do something to make people abide by the election laws. Roth said it is important that is information is available to the voters before the elections. Mayor Stirling closed the public hearing. Councilman Peters moved to continue this until October 9 and direct the city attorney to work on the amendments proposed by Councilman Peters; seconded by Councilman Crockett. Ms. Stuller pointed out the limits on contributions apply only to candidates. The anonymous contributions, the publication require- ments and the penalty provision all apply to both issues and candidates. Councilman Tuite said he would rather see a spending 9 Regular Meeting Aspen City Council September 25, 1989 limit ordinance. Councilman Tuite said he likes the idea of publication but it will not help if it is 15 days before the actual election. Councilman Peters said the Supreme Court has said there cannot be a control on campaign spending. This is not a reason not to do anything at all. All in favor, with the exception of Councilman Tuite. Motion carried. CONCEPTUAL PUD - Marolt Ranch Tom Baker, planning office, told Council the mail notification on this project was not done so Council cannot take action until October. Baker told Council this is a 100 unit affordable seasonal housing project. The housing office put together a steering committee to help make this project the best it can be. Jim Adamski, housing director, told Council by the next meeting they will have been able to work with staff on the financing and will ask for approval. Adamski said this is an exciting project. Richard Shaw outlined the site, the existing road, and existing structures, of which 4.3 acres has been designated as the housing site. This housing site is furthest away from any visual condi- tions along the highway. The site has excellent solar exposure, trees, and irrigation through the property. Shaw told Council the conceptual submission has a site plan for the entire 63 acres of land so the housing project can be reviewed in the context of the overall Marolt property. Shaw said the plan calls for 30.2 acres of agricultural meadows; a park maintenance facility, the community garden and the histori- cal society's 1.1 acre of land. Shaw said the entry point is off of Castle Creek where the hang glider parking lot is. Shaw pointed out the options along Castle Creek are not very good because of the steep topography and sight lines. An intersection would interfere with bus transportation and traffic in general . Shaw said an entry on Castle Creek opposite the hospital was investigated; however, the 20 feet of grade change would mean a severe cut. The proposed entry will provide a logical entry to the entire open space parcel. Shaw said the housing proposal include 3,000 square feet of dining facility and another 3,000 square feet of practice rooms, lounge and storage. Shaw told Council a focus of the project deals with managing the automobile. There are 50 parking spaces which are centrally located and not integral to the project. This parking is outside of the 4.3 acre parcel, uses about half an acre and is to be used for park users also. Shaw said this is a low parking ratio for the project to make this a project which is not dominated by the automobile. Harry Truscott said they tried to move the units in order to get the parking behind it and this did not work 10 Rectular Meeting Aspen City Council September 25, 1989 out. Shaw said there is an existing RFTA bus stop across Castle Creek Road. P & Z commented there should be a direct route from the housing project to the bus stop. Mayor Stirling read a letter from Francis Whitaker commenting that this proposal takes unfair advantage of the property by using open space for parking instead of parking in the 4.3 acres. Whitaker also stated the access road cuts off a big piece of the open space. It would be better to have access directly opposite the hospital. Shaw told Council the water department comments they need to preserve a 20 foot wide easement through the project and to separate the buildings so that easement can be protected. Shaw showed Council where the easement would be located. This means that the gaps in the buildings are slightly different and that the cafeteria site is slightly different from the original submission. Shaw said the project can still be fit on site even with the preservation of that easement. Shaw said there have been soil tests underneath each building. They have found that the soil has as much as 3 feet of top soil which could be used in creating a screening berm at one end of the project to maintain the visual quality of the Marolt project in general. The berm will be 18 feet and will screen the parking and some of the buildings. Shaw said the project has been broken into ~ two phases; phase one of 50 units contemplates occupancy this June, phase two the rest of the housing units and the cafeteria would be finished next fall. Shaw pointed out the site plan addresses the concept of open space within the building clusters. Shaw said they are using the escarpment along the base of Castle Creek as a way of tucking the buildings into the adjacent land form so they do not stick out into the meadow and to create a campus atmosphere in the center, landscaping and use of the irrigation ditches. Shaw told Council he has been working with Al Blomquist to see how the water might be used on other portions of the Marolt site. Shaw said the drop off location is large enough for any bus; eventually there may be a need for direct bus service. Shaw said there will be a shuttle between this project and the Truscott place. There will be covered walkways between the buildings. Shaw said it is about 725 feet from the bus stop to the farthest building. There will be a continuation of the trails through the project. Mayor Stirling suggested continuing this to a meeting on October 16th in order to take formal action. Adamski told Council they have looked at various methods of f financing for this project and recommend the city go with a general obligation bond. Adamski said after Council gives direction, they will come back at a meeting in October with the necessary docu- ments. Connie Jungbluth said they have worked to come up with tax exempt financing, which makes a difference in the cost of the 11 Regular Meeting Aspen City Council September 25, 1989 project and the rents that have to be charged. Ms. Jungbluth said it has hard to do an asset-based financing because it has to be collateralized with the property. Ms. Jungbluth said if the project is designed as a dormitory, there can be a contract with the M.A.A. Harry Truscott said this project will be a maximum of $6, 000, 000 and they will have the more specific figure in October. Mayor Stirling asked the difference in the rental rates between a g. o. bond and other kinds of bonds. Truscott said it if were 7-3/4 the minimum rental rate for 4 people in a unit would be $286; a 10-1/2 mortgage revenue bond would be $350. Councilman Crockett asked what effect pre-wiring for kitchens would have on total cost and on the bonds. Truscott said he can have that answer in October. Councilman Tuite said there has been concern that owners do not control the units for their employees. Councilman Tuite suggested the business community can support the project for a fee; the fee would guarantee that whatever employees live there have to work for the people who are contributing generally. Councilman Peters disagreed; this is a community project which is carrying a substan- tial subsidy from the city. The project should be turned over to the community to use when its done. Councilman Peters said he is not enthusiastic about turning it over to businesses. Councilman Peters said the g.o. bonding allows the city to keep an open project. Councilman Peters said the Council should discuss with the Commissioners having the county make a contribution to the project to make it even more affordable . Adamski said it has taken a giant effort to get to g. o. financing. Adamski requested Council give direction to proceed with the financing documents and what the subsidy would be if Council wants the rents at $200 per person. Mayor Stirling moved to continue the public hearing until October 16th at 5 p.m. to 6:30 p.m., and to direct the finance department to follow up and critique the financing; seconded by Councilman Peters. Councilman Gassman said he would like more information on the entrance road, explanation and demonstration why it is where it is . Councilman Gassman said he has reservations about the parking outside the 4.3 acres. Mayor Stirling agreed about not including the parking in the 4.3 acres. Mayor Stirling said Council had made a decision to isolate this to the 4.3 acres except for the access. Mayor Stirling said the would like the M.A.A. to provide more information about their role in terms of the subsidy. Councilman Crockett said he, too, would like more information about the access and how it relates to the direct connection of the highway. Harry Teague suggested Council schedule a site visit to the Marolt property in order to understand the access issue. Councilman 12 Regular Meeting Aspen City Council September 25, 1989 Gassman said he would like more information about why there cannot be kitchens or exactly how much of a kitchen can be put into the units. Richard Roth said he is concerned that there is no mention of room for permanent residents. Roth said the issue on the ballot was never to build a campus for the M.A.A. Roth said the city should not be letting a 3 month use drive the entire project. Roth said this project should be integrated into the community rather than segregated. Roger Hunt pointed out the presentation at P & Z had the buildings more broken up and less monolithic. All in favor, motion carried. SPA AMENDMENT - Rio Grande Property Snowmelt Facility Leslie Lamont, planning office, told Council this is an application for two temporary sedimentation ponds. The department has applied for a discharge permit from the water quality division of the state health department in relation to the snowmelt facility. Ms. Lamont said in anticipation of having to reducte the total suspended solids that flow into the river when the snowmelt facility is operated, the department feels they will have to construct at least one pond. Ms. Lamont told Council staff has been in contact with many of the parties interested in using this property. The snowmelt facility is still viewed as an experiment; there is a lot of outstanding information on this project. Ms. Lamont said staff would like the ability to work with the data this winter and work with interested parties to come up with a plan for this area. Ms. Lamont recommended staff come back with a plan by May 1, 1990. P & Z recommended approval of staff's recommendation with condi- tions. Chuck Roth, engineering department, said the water quality of the discharge of the snowmelt is a problem. It was tested some last winter. Staff met all the requirements in terms of testing, and the results were not very conclusive. Roth said one is allowed one day 70 ppm on total suspended solids, and the city had 466 on one day. Roth said it is not clear this was a good test, which is why they are doing another winter of more testing. Roth said they plan on trying a small sand bed filter to strain out the total suspended solids. Councilman Tuite asked who is requiring these settling ponds. Roth said the state is requiring that the total suspended solids not exceed 30 milligrams per liter average for a month and no continuous discharger greater than 70 milligrams per liter. How the city get these results is up to the city. Mayor Stirling asked the cost of these ponds. Roth said the work will be done in-house. Staff will construct a pond in the fall; in the spring they will muck the pond out and haul it to the dump. This is similar to what has been done historically. Bob Gish, city engineer, said staff is going to try a lot of things to get the 13 Regular Meeting Aspen City Council September 25, 1989 total suspended solids reduced. Councilman Tuite said he is not in favor of this and he would like to see alternatives for the snow melt operation. Councilman Tuite said he does not want to spend money to keeping trying this solution. Councilman Peters said the issue is whether the city is putting dirty water into the river. If the city is, this should be cleaned up no matter what the cost. Roth said some current alternatives are to haul the snow further or go back to dumping snow on this site, which the community does not want to accept. Councilman Gassman agreed he is not convinced this solution is the way to go; however, he is willing to try it another year and really give it a good chance. Councilman Peters moved to approve the conceptual SPA amendment for the snow melter site; seconded by Councilman Crockett. Al Blomquist recommended Council assign the responsibility for most of the land at the Rio Grande and say it is to be park like and require further engineering and other uses meet standards set by the parks department. Blomquist said the city keeps putting temporary uses on this property. Mayor Stirling pointed out the impound lot has been moved off the property, and the snow melt facility has diminished the amount of land being used. All in favor, with the exception of Councilman Tuite. Motion carried. Councilman Gassman moved to approve the contract with Basalt Construction; seconded by Councilman Peters. All in favor, with the exception of Councilman Tuite. Motion carried. LOCAL PREFERENCE Fred Gannett, city attorney's office, told Council he is going to a meeting put on by CML relating to local preference issues October 11th and requested this be tabled until after then. Councilman Crockett moved to table this until October 23; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #19~ SERIES OF 1989 - Liquor License Training Pat Fallin reminded Council this ordinance was tabled last summer in order for meetings with representatives from the police department, ASAP, and the restaurant association. Ms. Fallin proposed Council not read this ordinance and that Council schedule a work session for November 20th. Ms. Fallin said the original ordinance was to require all liquor license applicants and renewals to produce a certificate that they had participated in the liquor 14 Regular Meeting Aspen City Council September 25, 1989 servers training. This came about as a result of problems in underage drinking, over drinking and drinking after hours. Ms. Fallin said many restaurants felt the ordinance was too harsh and would rather see this be positive. Council scheduled a work session for November 20th at 5 to 6:30 p.m. REQUEST TO USE CITY PROPERTY - Animal Rights Organization Phyllis Bronson Lobel, representing Aspen Society for Animal Rights, introduced Dan Matthews, People for Ethical Treatment of Animals, and Abe Romero, representing the children's group. Ms. Lobel requested use of city property November 24 for Fur Free Friday, which is occurring on a national level. Ms. Lobel said Aspen Society for Animal Rights is a non-profit organization involved in the education about the cruelty in the fur trade. Ms. Lobel said they would like to set up a table in the mall across from the Wheeler. They will have pamphlets and education material and will be selling buttons and tee-shirts. Ms. Lobel said they will be entertaining passersby with street theatre. The activities will be peaceful and they will not deliberately harass anyone. There will be no alcohol involved. Ms. Lobel said they will pay the standard fee for the use of city property. Ms. Lobel said the second request is to use the Wheeler and that Council waive the per seat charge at the Wheeler in order to keep ticket sales low. Ms. Lobel requested the city not require them to provide an additional insurance policy. Ms. Lobel said Council would be endorsing a first amendment right of free speech and encouraging an open forum on this issue which has raised a great deal of interest. Abe Romero, Children Against Luxury Furs, said he has found a lot of interest in children on this issue. Romero said they would like a chance to express to the public this interest . Dan Matthews said PETA has 300,000 members and works with other animal groups doing public education events. Matthews said they would like consumers to know there is another side to the glamour of fur. Mayor Stirling moved to allow this organization on Friday November 24 to utilize the Hyman street mall on the basis they have described as long as they follow through with the proper applica- tions, pay the fees and present their proposal to the CCLC; seconded by Councilman Tuite. Marvin Jordan, CCLC, reminded Council the city has established an extensive event procedure requiring approvals by city departments. Jordan said it has been the policy of CCLC that these events be prescribed to duration of time and precise geographic area. Councilman Peters said he supports what this group is doing but 15 Reaular Meetina Ashen Citv Council September 25. 1989 will not approve use of city property or the Wheeler. Councilman Peters said this will be a political question decided by an election. Councilman Peters said he discussed with the city attorney whether or not public funds can be used to support one or another side of an issue. Councilman Peters said according to the Campaign Reform Act, it seems clear the city cannot do that. Councilman Peters said he would support the use of the city's insurance policy because without the use of the Wheeler would be out of the question for any group. Councilman Crockett said he feels this issue should be fought out on the ballot. Councilman Crockett said he does not support subsidizing a single issue case by case. Ms. Lobel said they are asking for an appropriate arena to have an educational campaign. Ms . Lobel said they are not asking Council to do anything that will contradict their stands. Councilman Peters said the Campaign Reform Act states the city cannot contribute funds or contributions in-kind. Councilman Peters said the use of city property is a contribution in kind. Mayor Stirling said the city recently waived fees for the Roaring Fork Railway, which may also go to an election. Mayor Stirling said this does not deny the right of any other non-profit group to request using city property. Councilman Gassman said he approved the railroad's use of the Wheeler because he did not see an immediate election. Bob Murray, Wheeler director, reminded Council they have a work session with the Wheeler board of directors next week and they can discuss this issue at that work session. Mayor Stirling said the Council has allowed a lot of uses of city property that have been commercial. Mayor Stirling said this is a non-profit educational effort. Councilman Peters said this has crystallized into a political issue. Ms. Lobel said this is the most dignified way they can approach this issue. Jordan said the city's adopted special event guidelines state that for a private use of public property, there has to be a resulting benefit to the city. Jordan said it has been interpreted that this is something other than an educational benefit. Jordan said as a CCLC member he would have trouble making this request comply with the city's adopted policy. Sandy Stuller, city attorney's office, said if there is a city procedure for the mall activity and this group can comply, this issue will not give difficulty. Ms. Stuller said the issue she sees pertains to this is the subsidy of the Wheeler, which is direct involvement in support of an election issue. Ms. Stuller said it has not be the city's policy to waive the insurance policy. Gannett said if this were construed to be political activity, the government can regulate political activity in terms of time, place and manner. Gannett said if the Council were to construe this to be something other than political behavior, then the special permit 16 Regular Meeting Aspen City Council September 25, 1989 system is the process to allow this activity. Gannett agreed it has not been the city's policy in the past to waive the insurance requirement. All in favor, with the exception of Councilmembers Gassman and Crockett. Motion carried. Mayor Stirling moved to table the request about the Wheeler and deal with it informally at the work session October 2nd; seconded by Councilman Tuite. All in favor, with the exception of Council- man Crockett. Motion carried. Jordan asked if CCLC is directed to approve this request. Councilman Peters said they are requested to review it under their criteria. Mayor Stirling said as long as they meet all the criteria in the review, Council will approve the recommendation. Councilman Crockett said Council is not giving direction to CCLC to approve or not approve this application. ADJUSTMENT COMMUNICATIONS SPECIALISTS Brent Finster, communication department, told Council this is a joint department and the employees are county employees. A year ago the turn over was 50 percent; his goal is to reduce this to 20 percent turnover. Finster told Council they have had a hard time filling the openings. Finster re-wrote the job descriptions. This was reviewed by the joint rating committee who agreed the jobs needed to be reclassified at a higher level. This was approved by the county management committee and the BOCC. Finster said the communications department is funded 43 percent by the city. Finster requested funding for this salary increase. Councilman Crockett moved that Council conceptually approve the upgrade and reclassification as recommended by the communications director effective immediately; seconded by Councilman Tuite. Councilman Peters said a lot of money is invested in training the staff. Councilman Peters asked if there is a way to hire these under contract so the county can get a year of employment from them. Finster said he will be looking at the stability of prospective employees. Finster said the economics of the valley has a lot to do with the situation as well as the job itself. Finster said this is a high stress job. Councilman Peters said the upscaling of the pay directly hits the problem. Finster said one issue is the upgrade of the salary from $1373 to $1735 for starting dispatchers. The second issue is changing the classification of assistant communications supervisor to com- munication supervisor, which is an administrative change. The third issues is to take the two positions of communications 17 Regular Meeting Aspen Citv Council September 25, 1989 specialist II and make that a training position and a lead dispatcher. These changes will amount to a $90,000 change for the 1990 budget. Councilman Crockett said the communications center is an area which has needed help. All in favor, motion carried. HORSE DRAWN TROLLEY PLAN Chris Bentley told Council in the 1890's Aspen was serviced by a fleet as horse drawn trolleys. Bentley said Aspen is again in need of a functional yet attractive mode of transportation to connect the new parking garage with the downtown core. Bentley said the applicants would like to encourage a redevelopment of part of Aspen's heritage that has the potential to help solve some of Aspen's present problems. Bentley said with this trolley system there will be no rails or tracks, no additional diesel fumes, no manure in the streets, no fares to the riders. Bentley said there will be matched teams of horses pulling the trolley cars, secure braking system, longer hours of operation, less waiting than the current RFTA bus plan, and a realistic alternative to the automobile congestion downtown. Bentley said there is historical precedence for this, there is publicity value, aesthetic improvements, employee housing and stables provided, increased visibility, and potential of mall expansion. Bentley said this could be funded by monies transferred from RFTA if the two systems were equal. This could also be funded by a $.50 increase in parking garage fees, an increase in parking ticket fees, a city subsidy, revenue from advertising, funding from private individuals, or revenue from a special event transportation fund. Bentley requested Council endorse this plan and to open it up to bids. Councilman Tuite said this was presented to RFTA, who voted 4 to 1 to see that this continue in the process and that it should be reviewed by staff. Tom Baker, planning office, said there is more than one group looking at trolleys. One group has raised money to do an analysis of trolleys. Mayor Stirling asked if this plan could be part of that analysis. Bob Grueter said he would have to ask the people doing the study. Grueter said it would probably cost more to study this in addition to studying the trolleys. Roger Hunt said his group has looked at trolleys and transporta- tion; they view trolleys as a transportation issue. Hunt said he feels this is a tourist attraction. Hunt said it would cost money to study this, and the trolley group is probably not interested in including this in their study. Jack Kaufman told Council they met with the Chamber Resort Association, who gave a letter stating this should be seriously 18 Regular Meeting Aspen Citv Council September 25__1989 reviewed. Kaufman said this and the trolley system are two different concepts. Kaufman said their routing covers the whole city. Kaufman told Council when they looked into this they found out the coverage needs to the expanded on times covered, like from 6 a.m. to 3 a.m. Kaufman said their headway times are shorter. Kaufman said if the city votes to subsidize this proposal, everyone should benefit from it. In order to get people out of cars, transportation has to be made attractive. Kaufman said it is expensive to put in tracks for trolleys. With this proposal, nothing is needed in the streets. Kaufman said they have had preliminary discussions with the sanitation district for their stables. Councilman Crockett said he would like to refer this proposal to staff, to the transportation element planner. Baker said he would like to know if staff can combine the two proposals. Councilman Gassman said both proposals are trolleys, the only difference is the power source. Councilman Gassman said he would hate to have two parallel studies done. Councilman Gassman said he thinks this is a great idea. Mayor Stirling said he is concerned about the care, treatment and maintenance of the animals, interaction with the automobile, lighting of the trolleys. Baker said the result of the study will be a land use application for the placement of the facility for the stabling and maintenance facility. Bentley said they have done their study. The numbers are in Council's packet. Kaufman requested Council direct this back to RFTA and let them put it out to bid. Kaufman said he would be willing to work with RFTA to address things like the humane treatment of animals. Kaufman said their schedule for horses is set up in 4 hour shifts so the horses are not run too long. Hunt said this is a horse drawn coach not a trolley. Hunt said their consultants are in the street railway business, and to ask them to combine this with the trolley study does not make good sense . Hunt said he would like to see an engineering feasibility study done and then compare the two. Mayor Stirling said the trolley group went out and raised their own funding. Mayor Stirling asked if the horse trolley group is able to raise money to take an objective look at the two systems. Kaufman said they have done their work as a gift to the city. Kaufman said the braking system technology is relatively simple. Councilman Crockett said he would like to see this evaluated and would like to know who will study it to incorporate into the transportation alternatives. Baker said staff can evaluate this and the trolley proposal with assistance from RFTA and come back to Council with recommendations. Councilman Peters said this is a very thorough application. Councilman Peters said he feels the trolleys are a tourist attraction, and that transporting people can be done well with a bus. Councilman Peters said he would like 19 Rectular Meetinct Aspen City Council September 25, 1989 staff to look at this in conjunction with everything else they are looking at. Councilman Crockett moved to direct this to staff; seconded by Councilman Gassman. Marvin Jordan said this system and the trolleys should go through public hearing and reviews. Baker said there will be a land use application which include public hearings. Councilman Crockett said part of making a decision is evaluating alternatives and he would like to get this into the process. All in favor, motion carried. ADMINISTRATIVE POLICIES - Real Estate Transfer Taxes Cindy Shafer, finance director, told Council staff has concerns with how the old RETT ordinance has been administered, there are concerns with the new GRETT ordinance - when a new holding period takes effect, and concerns about the exemptions listed in the ordinances. Ms. Shafer said new situations keep coming up under the GRETT ordinance. Ms. Shafer said she is concerned that staff is being fair and consistent about applying the exemptions. Ms. Shafer told Council some citizens have indicated they are willing to form a committee to help with clarifications. Mayor Stirling moved to direct Cindy Shafer and Fred Gannett to put together a committee to begin evaluating with this memorandum as a starting point and bring this back to Council to make the political decisions; seconded by Councilman Peters. Fred Gannett, city attorney's office, asked Council how they want staff to interpret the GRETT, as a revenue based tax or a revenue based anti-speculation tax, or softer interpretations to exempt more transactions. Gannett said if staff takes this very narrowly, they raise more money. Councilman Peters said he feels they should take an aggressive approach in collecting the tax. Councilman Peters said he is not interested in taxing people who are getting a divorce. Gannett said the way staff has interpreted this as there is no tax, but it starts a new holding period. Ms. Wilson said the exemptions address divorce or death, the question is whether this starts a new holding period. Councilman Peters said the city wants speculation to trigger the tax. Councilman Peters said when it comes to the business of corporations or partnerships, the city should not make any effort to allow for these type of transfers. Councilman Gassman said he feels unqualified to deal with this and would like some help. Gannett told Council it will take staff about 90 days to form a committee and come back with recommenda- 20 Regular Meeting Aspen City Council September 25, 1989 tions. Gannett said he would like some local experts in probate, real estate, business law, and get from them what they would like. Gannett said there are some problems about modifying a document that was approved by the electorate. Gannett said he would like to simplify the process and get some direction from Council. Councilman Crockett said the Council is trying to limit speculative growth and enhance growth that reinforces the sense of community. Councilman Crockett asked if staff can look at transfers to see if they fit within that goals. Gannett asked Council allow staff to continue as they have for the next 90 days. Mayor Stirling amended his motion to include that staff continue to be consistent and form a committee, and see if Council can look at this in January. Councilman Tuite said he would 1 ike to work on this committee . Ms . Wilson said she needs some direction on the corporation issue and when the form of ownership changes. Ms. Wilson said staff's rule has been when the name on the deed changes, the holding period changes. Sandy Stuller, city attorney's office, asked if the tax is exempt, why does the holding period have to start. Ms. Wilson said that is the way staff has been dealing with the tax; however, this is an alternative, if the tax is exempt, there is no holding period. This conflicts with the goal of generating revenue. Gannett told Council when staff initially interpreted Council's action, they interpreted this to be a revenue generating device and it made no sense for holding periods to tack on predecessors in interest because ostensively the property could transfer 3 or 4 times without generating any revenue. All in favor of the main motion, motion carried. Councilman Peters said the exemptions are a policy decision and have to be made by Council. Ms. Stuller said she does not understand why the city has two different methodologies dealing with the same question. Ms. Stuller said the determination of whether or not this is exempt is where the policy decision is made. Ms. Wilson said the result of this is less revenues generation. Another result is to require staff and title companies to go back through all prior transactions to determine whether these were exempt or not. Mayor Stirling recommended scheduling a work session October 19th at 2 p.m. to go over the policies in detail. Gannett suggested having some citizens at that work session. Mayor Stirling moved to suspend the rules and continue the meeting to 9:45 p.m.; seconded by Councilman Tuite. Councilman Tuite and Mayor Stirling in favor; Councilmembers Crockett, Peters and Gassman opposed. Motion NOT carried. 21 Regular Meeting Asuen City Council September 25, 1989 Mayor Stirling requested a Councilmember on the prevailing side reconsider so that 1010 Ute Avenue and the Aspen Cemetery Fence can be handled. Councilman Peters moved to reconsider; seconded by Councilman Crockett. All in favor, motion carried. Mayor Stirling moved to suspend the rules and continue the meeting for,20 more minutes; seconded by Councilman Tuite. All in favor, motion carried. ENCROACHMENT REQUEST - 1010 Ute Avenue Mayor Stirling said there were concerns that staff and the applicant made an agreement to encroach without getting permission from Council. Council wanted to clarify the process. Jay Hammond told, Council in structuring the encroachment process, staff was sensitive to the idea that there are appropriate things that might be constructed in the city's right-of-way, like landscaping or paths. Hammond said in looking at this application initially, staff decided the test of whether a structure should be considered an encroachment was whether that structure would require a permit from the building department. Hammond said initially looking at this the building department interpreted that a dry stack stone wall would not require a fence permit. Hammond told Council this is a dry stack stone wall and the alignment seemed aesthetically more appropriate to follow the bike path. Hammond said on the initial interpretation that this would not require a building permit, staff determined this was a landscape feature and not an encroachment. The applicants built the wall and it was subse- quently determined it would be appropriate to have a building permit and that's how it came to be constructed. Hammond said staff decided originally this did not meet the definition of encroachment. When it was determined this would have to have a permit, staff told the applicants they would also have to have an encroachment license. Councilman Crockett said he is been operating under some kind said he is also staggered this wall, which are two very diffe said he would much rather see Peters questioned whether it is sibility for what has happened. concerned for the owners who have of reliance. Councilman Crockett gent from split rail fence to rock rent things. Councilman Crockett a split rail fence. Councilman right for Council to take respon- Mayor Stirling moved to accept the encroachment license on this proposal. Motion DIES for lack of a second. Elsye Elliott, engineering department, told Council two weeks ago staff supported this because of the history and that the applicant 22 Regular Meeting Aspen City Council September 25, 1989 had been led to believe it was all right to construct the wall. Ms. Elliott told Council this wall is almost a retaining wall and holds landscaping behind it. If the wall were not there, this would flood into the bike path. Councilman Gassman asked who led the applicant to change from a split rail fence to a stone wall. Skip Behrhorst told Council he presented an original landscape plan for the project. As part of the review, he developed more detail and reviewed the revised wall. Staff felt this was fine and was an upgrade of what was proposed before, that it was an aesthetic addition to the project and to Ute avenue. Behrhorst said he was dealing with staff on moving of Ute avenue and the bike path and creating something that was more pleasant. A landscape median of 10 feet with grass and trees and wall was created. Behrhorst said he relied on information given to them by staff, because of the fact this was interpreted as a landscape treatment it did not need an encroachment. Councilman Tuite said this has been nicely landscaped for the benefit of the people who have their houses on Ute avenue. Councilman Tuite said the benefit of this wall is not to the community but to the people who own these houses. Behrhorst reminded Council the scoring on this project was the highest of any project in Aspen. Behrhorst said there was unanimous approval by P & Z and Council. Behrhorst said he relied on staff and spent a lot of money on that wall. Mayor Stirling said to him the process is important, and this should not happen again. Bob Gish, city engineer, told Council there may have been some misunderstanding on where exactly the fence was going to go. Councilman Crockett asked if there is a compromise the applicant would propose. Behrhorst said as a part of negotiations, the parks department want a trail along the river and the homeowners have agreed to spend money to create that trail. Ms. Elliott said this trail could be the trade off or compromise. Ms. Elliott said if granted, the encroachment should only be for the fence and not for the property between the applicant's property line and the fence. Richard Neiley, representing the homeowners association, told Council they do not consider the wall their problem but are willing to work on the trail issue to bring closure to all issues surround- ing 1010 Ute. Leslie Lamont, planning office, told Council one thing that is outstanding is the trail along the river. Ms. Lamont explained in the subdivision agreement there is language that allows the lots to encroach into their setbacks with decks and patios. The parks department would like a trail along the river, and the homeowners would like to be part of designing and constructing the trail. Mayor Stirling moved to direct planning and engineering to come back to Council with a firm offer in terms of dollars and the whole 23 - Regular Meeting Aspen City Council September 25, 1989 compilation of issues at the first meeting in October; seconded by Councilman Peters. Councilman Gassman said what he has seen so far does not cut it as an offer. Councilman Peters agreed. All in favor, motion carried. Neiley said the homeowners have proposed to change the name to Ute Place, which is a required plat amendment. Mayor Stirling moved to accept the name change to Ute Place; seconded by Councilman Tuite. All in favor, motion carried. John, Grassroots, pointed out on Cooper street just east of Original, there is a high gray wall which someone approved as a fence. This turned out to be a wall rather than a fence. Mayor Stirling said this has not been resolved. Councilman Tuite said he has concerns about PUDs which do not turn out as they were approved by Council. Mayor Stirling said hopefully the GIS will help avoid this. Councilman Peters moved to suspend the rules and extend the meeting in order to discuss the Aspen Grove Cemetery Fence; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. ASPEN GROVE CEMETERY FENCE Jim Gibbard, engineering department, told Council this fence complies with the municipal code according to the zoning office. The cemetery association has the right to keep the fence as it is. Gibbard presented pictures of the vicinity and of the fence. Mayor Stirling said on November 14th, Council directed the city manager to look into the fence issue further and to see if there is a way the fence could be taken up and used elsewhere. Mayor Stirling said Don Fleisher states Council directed to change the fence material to something the homeowners and cemetery board could mutually accept. Gibbard said the issue the homeowners have is that the fence is observable from the road. Bill Drueding, zoning office, states, "Fences visible from the street: I viewed this rule as referring to fences on the same property abutting the street, not fences visible on a property that has other private property between the street and the fence". Gibbard said the homeowners have agreed to a split rail fence with a galvanized wire mesh backing to the middle rail. Gibbard said the compromise is painting the fence, which would diminish the visual impact. 24 Regular Meetinct Aspen City Council September 25, 1989 Gibbard told Council there was an agreement made with the cemetery association in 1982 that the city would provide this type of fence around the cemetery. Gibbard said the city did not honor this agreement; if they had there would be no issue because this area was then in the county. The fence was built after annexation. Gibbard pointed out at the entrance to the cemetery, there is a wrought iron fence 50 feet on either side of the gate. Don Fleisher said there are 23 homeowners who border on this fence. Fleisher reminded Council last time this was at Council, Council indicated they did not want to alienate people in the community and a material for the fence should be found that was acceptable to both the neighborhood and the cemetery association. Fleisher said the homeowners do not want a chain link fence, painted or not; there are other alternatives that are more in keeping with the rural environment. Susan Collin said the homeowners feel Council made a commitment and they should abide by it. Jane Kelly said aesthetically this fence is a huge impact, and it is not ap- propriate for the city of Aspen. John Bennett told Council the effect of the fence on the neighborhood is incredible. City Clerk Kathryn Koch read a letter from Jim and Ramona Markalunas request- ing Council leave the fence for security of people with plots in the cemetery. Gibbard said there was a meeting with the homeowners and the cemetery association on this fence. Gibbard told Council he put up a sample split rail fence with different kinds of mesh backing. The result of this test was that the homeowners agreed to it except for the height, which they wanted lowered. Gibbard said he received a letter from the cemetery association, which was not a receptive response. Councilman Peters asked if the homeowners would be willing to pay for a replacement of the fence. Ms. Collin said that would be a last alternative. The homeowners have been trying to work with the cemetery board for a year. Fleisher asked if this is an issue of cost or a mistake that should have been handled differently. Councilman Gassman said it seems like the city is taking the rap for the cemetery board. Councilman Gassman said there was an agreement with the cemetery board. Councilman Gassman said it seems like there will have to be a three-party negotiated settle- ment. Fleisher told Council the homeowners have been trying to meet with the cemetery board since last spring. Fleisher said the cemetery board has not responded in good faith. Councilman Crockett said he would like to accomplish a meeting with the three parties and come up with a compromise and a funding mechanism for this. Councilman Tuite said the city entered into an agreement with the cemetery board in exchange for an easement. Councilman Tuite the 25 _ Regular Meeting Aspen City Council September 25, 1989 issue a year ago was that this was an illegal fence; staff is interpreting that the fence is not illegal. Councilman Peters said he feels painting is the best alternative. Councilman Peters said there are existing power lines and power poles along this fence. The house are very close to the fence. Councilman Peters said this area is wild and overgrown. The reason the fence is so visible is because the line was cleared to put the fence in. Jim Moran, representing the cemetery association, told Council they feel they need a barrier type fence; the homeowners want a decorative fence. Moran said the cemetery association is in favor of painting the fence. They also feel that growth will screen this fence. Moran said the homeowners can put up something on their side of the fence. Moran said part of the problem is that the demarcation creates a visible property boundary that did not exist before. Councilman Gassman and Mayor Stirling volunteered to meet with staff, homeowners representatives, and the cemetery association. This was scheduled for Thursday, September 28 at 3 p.m. Councilman Gassman suggested some mediation help for this meeting. Mayor Stirling requested authorization from Council up to $9500, the cost of painting the fence. Council agreed. -~ Council adjourned at 10:10 p.m. !~ - ~~~ ~ ~c ~ y~ ~% -~'f' . Kathryn S. Koch, City Clerk 26