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HomeMy WebLinkAboutminutes.council.19841217Regular Meeting Aspen City Council December 17, 1984 Mayor Stirling called the meeting to order at 5:05 with Councilmembers Knecht, Walls, Collins and Blomquist present. CITIZEN PARTICIPATION 1. Phoebe Ryerson said she feels badly about the fire a~ the community center. Mrs. Ryerson said there should be a commendation for the people at the community center as well as the sheriff's and police department and the fire department all of whom behaved extremely well. COUNCILMEMBER COMMENTS 1. Councilman Blomquist said he has been hearing some consideration of removing the senior citizens from the community center. Mayor Stirling has comments on this. 2. Mayor Stirling said there is a meeting Wednesday, December 19 at A.C.E.S with the City Manager, which will be an executive session. There is a meeting December 20 a~ the Courthouse with the Commissioners regarding the joint agreement on planning. 3. Mayor Stirling said Wednesday night in Council Chambers the Africare group will be having a press conference about raising money for the drought in Africa. 4. Mayor Stirling said he attended a meeting about the senior citizens situation and commented that Council would be concerned if the level of service to the elderly was changed. The Council on Aging gave a report about the problems with the grant. One of the items in the grant was that 54 per cent of the community center had to be devoted to the elderly. The original grant has been lost. There is a concern whether any senior not capable of getting out in an emergency should live at the community center. The Council on aging agreed if these people cannot be accommmodated, they should not live there. Mayor Stirling said those that can live there should be able to. Councilman Blomquist said he called COG and will get a copy of the grant; after reviewing the gran~, Council can comment then. ~- ........... ~ Aspen C~ty Council December 17, 1984 PROCLAMATION - Marge Stein Mayor Stirling said Marge Stein was awarded the third annual medical award. Representative Scott McInn~s gave an award for recognition of her volunteer service. Mayor Stirling gave Marge Stein a city proclamation naming December 17, 1984, "Marge Stein Day". ORDINANCE #29, SERIES OF 1984 SPA Amendment Mayor Stirling opened the public hearing. Mayor Stirling listed the pros of specially planned areas as written and with the amendments; allow the public to evaluate the uss proposed for parcels, requiring a precise plan after the SPA is applied, allows developer to vary area and bulk requirements as well as underlying uses, in some cases may provide the city with the only review mechanism, provides the only way to obtain a mixed use development, gives the city a chance to look at an entire property, gives flexibility in the way p & Z and Council look at a property, underlying zoning gives a guidelines. Mayor Stirling also listed the cons of an SPA; it is not clear when precise zoning is to be applied, SPA can result in more density than a parcel can stand, there are no clear standards and many unknowns, possibly too much latitude is left to P & Z and Council and anything could go, SPA coul~ create situations of large trade offs, SPA could adversely affect the scale of the town, items could be unaccounted for in the process, SPA designa- tion tells the owner of the property very little. Mayor Stirling pointed out SPA does involve the public deeply in the planning stages. An SPA overlay is better suited for some properties than others. Mayor Stirling said this ordinance includes asking for a conceptual development plan in order to get an SPA designation. Mayor Stirling said in section 24-7.3(c) there is a sentence about variations may be imposed which is too broad and is not necessarily in the city's best interest. Mayor Stirling suggested taking out the second sentence and leaving in the third. Mayor Stirling urged that variations in use and minimum lot area per dwell- ing unit be lef5 in for flexibility. Mayor Stirling said he likes the time frame for the precise development plan as well as having the applicant submit the precise development plan no later than two years after final approval. Alan Richman, planning office, concurred with the deletion of the sentence in 24-7.3(c) as does the city attorney. Richman told Council he has replacement language for 24-7.3(d). City Attorney Taddune said his language willexistsClearunderuPthetheGMppOSsibleand existingamgibuitYzoning.that this section imposes greater limitation than Councilman Blomquist said he would like to remove the variaticns for floor area ration but leave in minimum lot area per dwelling. Councilman Blomquist said he wants to stop giving bonuses for larger scale buildings. Councilman Blomquist said if SPA allows use mixture and design flexibility, it does not need the advantage of extra bulk. Councilman Blomquist said the city should reduce incentives for the large scale project and work on incentives for small projects. Councilman Collins asked if any consideration was given to trade-offs if~a project got increased height, they give more open space, ~o keep pro2ects in balance. Richman said that is the philosophy behind section 24-7.3(c), however it is not as specific. P & Z said if they were to allow variations above the zoning, they felt comfort- able imposing variations below some standards. Richman said eliminating the sentence does not mean eliminating the ability to trade off. Richman said there is language in the ordinance saying the underlying zoning is a guideline not an absolute limit to permit bodies to review a development for compatibility. Council-~ man Collins asked how large projects will deal with the GMP quota. Richman said language is in 24-7.6 deals with that as well as experience shows large projects can compete successfully for future years quota. If an applicant has a large project and cannot obtain a multi-year allotment, then have to phase it or cu~ back. Council has the ability to create exemptions if they want. Applicants can obtain growth managements allotments by exemption, by competition, or by finding the development is not covered by GMP. Councilman Knecht said the point of an SPA is to make development broader and 5o make it work for the community and the developer. Councilman Knecht said Council should have the latitude to designate an SPA and do the plan later, and not require a conceptual plan. Councilman Knecht said he like section 24-7.3(c) the way it is to give Council a broader approach and to allow differences. Councilman Knecht said he sees little value in putting time limits on the plans and when they have to be filed. Councilman Knecht said applicants shoul~ get SPA approval firs~ and then get GMP allotments. Richman said most applicants would not want to show their SPA plan first and then have to compete in GMP, they would be at a disadvantage. Mayor Stirling outlined the proposed changes; whether or not to have a conceptual plan, taking out the sentence about variations being imposed, taking out the bulk requirement, rewording 24-7.3(d), deciding about the time frame, and linking the GMP with the process. Art Daily addressed Council's ability to vary downward standards contained in an underlying zoning designation. The Meadows has no underlying zoning designation and the owner has no specific rights. Placing an underlying zoning designation on the parcel establishes certain minimum development rights for property owners. Daily said it is a fundamental precept that the city cannot arbitrarily take away any one of those standards. Daily said this is a sound ordinance and would no~ like to see the city render it ineffective by giving the city such an arbitrary right. This leaves a landowner no certainly as to his rights, and reduces the property value to zero. The city should stick with the SPA overlay and wait for a precise plan, or place zoning on parcels. Daily recommended eliminating the second sentence in 24-7.3[c) as well as deleting "or ~mposed" in the third sentence of the same section Taddune said the objection is to "imposed', as the assumption is that would mean imposition of restrictions without the consent of the applicants. When Council approves a final SPA plan, the restrictions can be formalized. Regular Meeting Aspen City councl± Councilman Blomquist asked why the SPA seems to be imposed by the city rather than having applicants request it. Richman said the ordinance does provide for voluntary request for PUD/SPA. The city has taken the approach in zonings of imposing PUD or SPA on properties for which the city wants to protect valuable assets. PUDs have been imposed on steep slopes or wetlands, or environmentally sensitive areas. The SPA has been imposed on areas where the uses could not be handled by traditional zoning. Both SPA and PUD have been offered to protect sensitive public values. Daily presented new language for 24-7.3(d) in order to eliminate any ambiguity. Taddune reviewed this and agreed with it. John Doremus objected to taking out variations in SPA and eliminating varying FARS. The FARS relate to relationship between uses. Doremus said in a very large area, Council may wish to move the density around so there is more in one area and less in another. Councilll has control in this, if the plan is not good enough Council can reject it. Gideon Kaufman said submitting a conceptual development plan is tied to a conceptual PUD plan, which requires a lot of specificity. Kaufman said the more specificity an applicant has to provide, the more disadvantage they are competing in GMP. Kaufman said if Council is going to require this, it should be very conceptual. When the Little Nell parcel was given an SPA designation, the intent was that in exchange for more density the city would have an extra layer of review. Kaufman said he feels it important to keep flexibility in 24-7.3(c) and favors eliminating the second sentence. Kaufman said no one is saying applicants should be entitled by right to anything greater than underlying zoning; if applicants do want something greater, they have to convince staff, P & Z and Council that there is a community benefit for extra density. Kaufman said it is important to codify the policy of being able to take a rezoning and growth management applicant through simultaneously- Richman said the ability for applicants to request rezonings and to compete for GMP at the same time has worked in the county very successfully. This is not in the SPA section and would have to be initiated through P & Z. Mayor stirling closed the public hearing. Mayor Stirling said the requirement for a conceptual plan before SPA designation gives a balance between flexibility and the essential need for the city to know what is going to happen, and gives everyone a sense of what is going to be acceptable. If it is not statedlI that this will be a PUD-type conceptual plan, it is left up to anything goes. Richman said this ordinance specifically refers to the conceptual requirements of the PUD because that gives applicants something real to measure as well as having the applicant meet with the planning director on the applicability of the requirements. What the city is looking for is a conceptual level or architecture landscaping and site design. Mayor stirling polled the Council for amending the existing SPA language in the Code with ordinance ~29 as might be amended. All in favor, with the exception of Councilman Collins~ Mayor stirling moved to include section 24-7.2(e) as written in ordinance 29; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht. Motion carried. Mayor Stirling polled Council on removing the floor area ratio from 24-7.3(c); Councilman Blomquist in favor, everyone else opposed. Floor area ratio left in. Mayor stirling polled Council on removing the second sentence in 24-7.3(c); Mayor stifling and CoUncilma~ Knecht in favor, Councilmembers Walls, Collins, Blomquist opposed. Sentence stays in. Taddune said the arguments being made are that this language is very difficult to defend and may affect the validity of the entire ordinance. Mayor stirling agreed that the city would need the consent of the owner. Councilwoman Walls said the word variation can mean up or down. Taddune said the problem is with the word "impose". Taddune said the feelingll is that the language imposition in variation below what is permitted by underlying zoning brings this ordinance into an arbitrary area. The owner of the property does not know what variations downward can be imposed; the Council is limiting the development of property in a way that the owner of property cannot ascertain. Councilwoman Walls said without this particular sentence, a variation will always mean up. Mayor stirling said the staff is recommending this sentence be deleted. Taddune said the ability to vary standards downward is not prohibited by this ordinance and would be accomplished through negotiations. It is the imposition against the will of the applicant that is objectionabl~- Councilman collins said this sentence is a key element in this ordinance. Councilman Collins said without it, all variations would be up from the standards which is not the premise of SPAs or PUDs. These zones were intended to work with trade offs, some things may be more important to the city and other to the developer. Councilman collins said the language should be structed to state that without using the word "impose". Taddune said generally in PUDs or SPAs, the developer is requesting it because they will agree to do something in return for something else. Taddune said this flexibility is inherent in the SPA process. Mayor Stirling directed counsel to reword this section, come up with different words and demonstrate to Council there is flexibility. Taddune said Council can restrict the extent of development to what is approved under the precise plan, so that once the plan is adopted no development occurs but in accordance with that plant Council agreed with the request for new language- Mayor stirling instructed staff to rewrite 24-7.3(d) with language that is protective of the city. Everyone agreed with the exception of councilman Collins. Mayor stirling polled Council about leaving 24-7.5(d) in; everyone agreed, with the exception of Councilman Knecht. Mayor stirling polled Council on section 24-7.5(d) on whether or not to leave this in; Councilmembers Walls and Knecht opposed; everyone else agreed. Section stays in. Mayor stirling asked about section 24-7.6(c). Council all agreed to leave this in. Mayor stirling moved to continue the public hearing and final consideration of ordinance ~29, Series of 1984, until January 14, 1985; seconded by Councilman collins. All in favor, motion carried. Councilman Collins said he would like "development" deleted from some of ~he terms in the ordinance and be more consistent with the Code. Council agreed on this. Mayor Stirling asked about recodifying rezoning and GMP applications. Richman said this is positive in streamlining the code. Mayor Stirling moved to direct the planning director to take this concept to P & Z as soon as possible; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #46, SERIES OF 1984 CIRSA Workers' Compensation Assistant City Manager Mitchell told Council the insurance pool the city is involved in for general liability and property coverage is expanding to cover worker's compensation. Mitchell said over the years there will be savings over the state fund. CIRSA needs to know how many cities are interested to see if they can get enough money. City Manager Schilling said one of the big advantages is the community will ge~ some safety assistance, which will result in savings. Councilwoman Walls moved to read Ordinance ~46, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~46 (Series of 1984) AN ORDINANCE APPROVING THE CITY'S PARTICIPATION IN THE SELF-INSURANCE POOL (CIRSAWC) AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT FOR A SELF-INSURANCE POOL ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Knecht moved to adopt Ordinance #46, Series of 1984, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~27, SERIES OF 1984 - Amending Section I9-77(a) Backfill Mayor Stirling opened the public hearing. Councilman Knecht moved to continue this until February 11, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #31, SERIES OF 1984 - Owl Creek Club Water Extension Mayor Stirling opened the public hearing. The applicant have requested this be~tabled. Councilman Knecht moved to continue this until February 28, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #41, SERIES OF 1984 Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Finance Director Sonfield pointed out Council was aware of these in the December 10 per- formance report, and staff expects savings and revenue will cover these. Mayor Stirling questioned the Castleridge expenditure. Ms. Sonfield explained that was a construction bill which was to have come in in 1983 but did not. Councilman Blomquist moved to adou5 Ordinance #41, Series of 1984, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Walls, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~44, SERIES OF 1984 Aspen Club Rezoning Councilman Knecht moved to read Ordinance ~44, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #44 (Series of 1984) AN ORDINANCE REZONING CERTAIN REAL PROPERTY ALSO KNOWN AS LOT 14, CALLAHAN SUBDIVISION TO R-15 was read by the city clerk Councilman Collins moved to adopt Ordinance #44, Series of 1984, on first reading; seconded by Councilman Knecht. Colette Penne, planning office, presented a plat and site map. Ms. Penne told Council this lot has two single family dwellings and is presently zoned RR. All the other lots on the north side of the river are zoned R-15. One of these houses was intended to be used as a restaurant/support facility for the Aspen Club. A PUD amendment and a rezoning requires some change to justify this. The change is that this use is truly a residential use and should be rezoned to R-15. Roll call vote; Councilmembers Knecht, aye; Walls, aye; Blomquist, aye; Collins, aye; Mayor Stirling, aye. Motion carried. Ms. Penne told Council the applicant is proposing to eliminate a second unit in the existing house. The building department, after an Inspection, said these are two distinct units not a duplex. Through this PUD amendment lot 14 will be separated in 14E and 14W. The portion of the lot 14W is not a parking lot with eleven spaces, which will be moved and will make the parking and emergency access situation better. The unit eliminated from the existing house will be moved over to the new lot. There are some slope consider- ations as well as stream margin review. Ms. Penne told Council both the planning office and P & Z recommend approval of this application with four conditions. Ms. Penne said PUD amendment and resubdivision should not be final until final approval of the ordinance. Mayor Stirling asked about the water rights in the ditch City Attorney Taddune said water rights are a consideration in annexation not in lot splits. Councilman Knecht moved to approve the amendment of the PUD plat for the subdivision of lot 14, Callahan subdivision into lots 14E and 14W with the four conditions listed in the planning office memorandum of December 14, 1984; seconded by Councilman Collins. All in favor, motion carried. TRAILS AGREEMENT Mayor Stirling said the county does not want to give the trails system to the city be a warranty deed but rather by a quit claim deed. City Attorney Taddune said the Council had indicated they were willing to accept the trails by a quit claim deed. Taddune said the city should have an agreement to reconvey the trails system to the county if they find it is too costly to maintain and insure. Councilman Blomquist said he would like the map to include the M.A.A. trail. The agreement should include rights or easements in a subdivi- sion. The trail from Iselin park to government trail should be included. Councilman Blomquist asked if the county is conveying the 100 foot right-of-way on the Rio Grande from the Roaring Fork river to Woody Creek with all rights. Taddune he doesn't know because the survey work has not been done. Councilman Blomquist moved to accept the trails on a quit claim deed; seconded by Council- man Knecht. Mayor Stirling said he would like the reverter language added to the agreement. Taddune said he will add that any land or easements granted to the county for trails purposes should be conveyed to the city. Councilman Knecht said it would cost a lot of money to do the survey work, and would rather use the money for paving or improving the trails. All in favor, motion carried. Mayor Stirling asked about the indemnification issue. Taddune said he and the county attorney disagree on this but feels it can be worked out. Mayor Stirling asked if the county's share of $10,000 is adequate. City Manager Schilling said this is a close estimate and as the city annexes, that amount will shrink. Councilman Blomquist suggested adding that the county's responsibility in sharing any capital expenses ~n the trails systems will be negotiated in that year's budget cycle, ~n order to allow the county to participate if they want to. Councilman Blomquist suggested adding a 90 day termination notice clause. Mayor Stirling moved ~o instruct the City Attorney to redraft the agreement and bring back to Council in January; seconded by Councilman Knecht. All in favor, motion carried. SUPPLEMENTAL BUDGET REQUEST - Grassroots Linda, Cotton, president of Grassroots, introduced other members of Grassroots, told Council they are tying to make their membership larger, get volunteers, have planned a telethon. David White said in 1984 Grassroots requested $25,000 from the city and received $10,000. White said Grassroots met with the city manager and gave him a proposal for funding to fil the City Council meetings. Grassroots would like to negotiate with Council to film what Council needs to communicate to the citizens. The proposal is to film 25 Council meetings, unedited, shown twice during the week for $175 per meeting. White said they decided against an edited version. Grassroots is proposing to do special meetings edited at $275 per meetings, estimated two meetings for $550. Grassroots is proposing to cover the May election with candidate debates, ballots issue coverage and full election night coverage for $2,500. Grassroots also looked at city sponsored information programs to cover a specific issue at $125 per show for a total of six. Councilwoman Walls said if it is important to the community to televise Council meetings, the city should fund this. Councilwoman Walls said the city should be subsidizing the city's election campaign. This helps to keep people from spending so much money on campaigns, and to get information to the public. Mayor Stirling asked if Grassroots would be showing Council meetings as part of their regular programming. White said Grassroots cannot afford to anymore, they may film short portions. White said it costs $250 realistically to film a Council meeting, and Grass- roots is offering it at $175. Councilman Blomquist suggested rather than filming the Council meetings, have a half-hour weekly information show. City Manager Schilling said the programs outlined in his memorandum are suggestions from Grassroots of different programs Council might be interested in. Grassroots cannot do them unless they receive funding. Mayor Stirling said he feels filming the Council meetings is a beneficial public service. Mayor Stirling said if these meetings are so important to Grassroots, they will get fund- ing somewhere. White said the cost of running a television station is phenomenal and they have had to realistically look a~ what they can and cannot do. Mayor Stirling said he is not interested in periodic reports to Council, if the city does fund this, but they could go to the City Manager. Councilwoman Walls agreed there should be reporting to the Manager. White said Grassroots gave the Council alternatives because they feel it is important to film things the city and county want filmed. Mayor Stirling said if Council funds this grant, Grassroots should do political filming. The City Manager has recommended having a service contract with Grassroots. Councilman Knecht said the Grassroots Board should make their own decisions about programming. If Council wants to grant Grassroots extra funding, that is Council's prerogative and there are no connections. Councilman Collins agreed. This is a supplemental budge~ request, Grassroots is doing a fine job and Councilman Collins said he would rather leave the content of productions ~o the people running the station. Councilman Collins said he supports this request but does not want to see the city in an agreement with Grassroots. Mayor Stifling said the Council had urged Grassroots to do this filming. This service is disseminating information to the public and gives the public additional access, and it is appropriate to have a service agreement and to ask the~ to film certain things. Councilman Knecht moved to approve a supplemental budget for Grassroots of $5,000; seConded by Councilman Blomquist. Mayor Stirling asked if this motion would have a service agreement and a direction for political filming. Councilman Knecht said no. Councilman Collins asked if the motion includes coverage of the May 1985 election. Councilman Knecht said no. Councilmember Blomquist and Knecht in favor; Councilmembers Walls, COllins, and Mayor Stirling opposed. Motion NOT carried. Councilman Collins moved to grant the request for supplemental appropriation in the amount ~ of $7,500 with the proviso that Grassroots will provide coverage of the May 1985 election and provide for special meetings on request both as incorporated in the city manager's memo of December 12, 1984 which allows specificall an allowance of $550 for special meet- ings on request and a sum of $2500 for election covers; seconded by Councilwoman Walls. Mayor Stirling asked if this motion includes a service agreement. Councilman Collins said! no. Schilling pointed out the Council has made a decision about the level of funding to Grassroots for the coming fiscal year. Grassroots is saying there are television programs that are of interest to the community which they cannot do with available funds. Grassroots has presented the costs to do these programs and this is a business arrangement~i Grassroots will know what the city expects. Councilman Collins amended the motion to provide for a service contract to that effect; seconded by Councilwoman Walls. Schilling said the motion only covers specifically $3,050 and asked Council what the rest should cover. Councilman Collins said he would leave that to the discretion of the Grassroots management rather than have an agreement requiring filming of every Council meeting. Councilman ~Collins said the difference between the two items in the motion and the appropriation amount should give Grassroots latitude to pick subject matters and meetings that have more interest to the public. Councilman Blomquist said the general discretion area has already been accomplished by the percentage of cable money Council gave Grassroots. Councilman Blomquist asked if Councilman Collins would accept an amend- ment to provide as many half hour shows scripted by the city covering informational topics at $125 per show for the remainder of the $7500. Councilwoman Walls said no, there should be some latitude about what Grassroots does with the money. Councilman Blomquist said they already received $15,000 discretionary money. Councilwoman Walls said she did not want require that Grassroots spend that much money doing that kind of shows. Councilman Collins said Grassroots may want to do a combination of things, including city informational shows~ Councilman Blomquist suggested letting Schilling negotiate ~with Grassroots. Councilmembers Collins and Walls in favor, Councilmembers Knecht, Blomquist and Stirling opposed. Motion NOT carried. Mayor Stirling moved to grant $5,000 to Grassroots and all things mentioned before be included and that they make every effort to get the private sector to sponsor the spring election in 1985 and include the things Councilman Collins mentioned. Motion DIES for lack of a second. Mayor Stirling moved to give $7500 on Councilman Collins' original motion; seconded by Councilwoman Walls. Councilmembers Collins, Walls and Mayor Stirling in favor, Council- members Knecht and Blomquist opposed. Motion carred, SUPPLEMENTAL BUDGET REQUEST - Aspen Resort Association Spencer Videon, ARA, said they are requesting $5572 over what was already budgeted in order to provide services to guests and best coverage of the visitor's center. This is based on statistics since this summer. Mayor Stirling said this is a benefical service. Councilman Knecht moved to approve the supplemental budget request of $5572; seconded by Councilman Blomquist. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Gross Sandra Stulle~, ~epre~ent±ng~Andrew Doremus, told Council the applicant wants this fence to contain his animals, keep the school children off and for privacy. When Doremus got the fence permit, he was shown the 30 foot setback from the corner, which was a misunder- standing by the building department. The 30 foot setback is on the property line. The engineering department sees no objection to the fence. Ms. Stuller said an encroachment license is done at Council's discretion and may be revoked if Council needs the use of the property. Doremus did go to the building department and did get permission to build this fence. Bill Dreuding, building department, told Council he was away when this permit was issued and feels the building department was given misrepresented information. The building department did get objections to this fence. Mayor Stirling said this fence is 74 inches high and also may be too close to the stop sign. Mayor Stirling said the Council should not be bailing out administrative mistakes. Mayor Stirling said this fence should be moved back and brought into size compliance. Ms. Stuller presented seven criteria for allowing a fence and this fence meets all the criteria. Councilman Knecht suggested allowing the fence until the property is sold and attaching this condition to the deed. Councilman Knecht moved to reconsider the fence encroachment request; seconded by Council- man Collins. Councilmembers Knecht and Collins in favor; Councilmembers Walls, Blomquist and Mayor Stirling opposed. Motion NOT carried. ORDINANCE ~45, SERIES OF 1984 - Alborz Lease Councilman Knecht moved to read Ordinance #45, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~45 (Series of 1984) AN ORDINANCE APPROVING A MODIFICATION TO THAT AGREEMENT BETWEEN THE CITY OF ASPEN AND ALBORZ CORP., PERTAINING TO THE WHEELER OPERA HOUSE, SO AS TO REFLECT A PRIMARY TERM COMMENCING AS OF THE DATE THE LEASE WAS FULLY EXECUTED AND ENDING ON FEBRUARY 1, 1999 was read by the city clerk Councilman Knecht moved to adopt Ordinance ~45, Series of 1984, on first reading; seconded by Councilman collins. Mayor Stirling said he regrets the city has tied up this property for 15 years and is not inclined to give any extensions for tax benefits. City Attorney Taddune said the lessee in order to tax depreciation benefit, they would like the date of the lease to coincide with the date they actually moved into the premises, This is a one month extension and allows the lessee to stay through the winter season rather than have the lease expire in December. Roll call vote; Councilmembers Blomquist, nay; Collins, aye; Walls, nay; Knecht, aye; Mayor Stirling, nay. Motion NOT carried. RETT BUDGET - Filmfest and Writer's Conference Mayor Stirling said when the budget requests were approved, they were increased by one percent. The Arts Council was factored into this. All the arts groups, except Filmfest and the Writer's ConferenCe, received a 2.8 to 4 per cent increase. Councilman Knecht moved to approve the budget increase for Filmfest $200 and Writer's Conference $240; seconded by Councilman Collins. All in favor, motion carried. TEMPOP~ARY JUDGESHIP Council has previously approved the Mayor giving permission for temporary judgeship in order to perform wedding ceremonies with being on Council. SLEIGH RIDES ON GOLF COURSE City Manager Schilling said the concept of sleigh rides on the golf course has been approved every year since 1981 but never implemented. There will be a designated course around the golf course and be done in concert with some restaurants. Council approved this in 1981-2 and 1982-3 at $100 per weeks; 1983-4 was a $300 flat rate for the entire season. Schilling said $100 a week is steep if the course can only be used one day or one time. Schilling suggested a percentage of the gross. Staff is supportive of the request. There is additional insurance naming the city. City Attorney Taddune said percentage agreements are hard to administer in house. Bob Holmes, the applicant, said when it snows he has to get a snow cat to pack the course, i! which costs money. Holmes said parks director, Jim Holland, approves the track. Councilman Knecht moved to approve the license agreement for $100 for the season; seconded!i by Councilman Collins. Councilmembers Walls, Collins and Knecht in favor; Councilman Blomquist and Mayor Stirling opposed, Motion carried. Councilwoman Walls moved to adjourn at 8:35 p.m; seconded by Councilman Blomquist. All favor, motion carried. Kathryn S. ~och, City Clerk Special Meeting Aspen City Council December 27, 1984 Mayor Stirling called the special meeting to order at 12:05 with Councilmembers Collins, Knecht and Blomquist present. Mayor Stirling said the Hotel Jerome's liquor license did not get to Council by their last meeting in December and it expires December 31st. The police have done a check and have no problems. Councilman Knecht moved to approve the Hotel Jerome's liquor license renewal; seconded by Councilman collins. All in favor, motion carried. Councilman Collins moved to adjourn at 12:08 p.m. seconded by Councilman Blomquist. All in favor, motion carried. a~~~ K , City Clerk