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HomeMy WebLinkAboutminutes.council.19850225 Regular Meeting Aspen City Council February 25, 1985 JOINT MEETING WITH COUNTY COMMISSIONERS. The meeting was called to order a~ 4:45 p.m. with Councilmembers Knecht, Blomquist and Walls and Commissioners Madsen, Child and Klanderud present. 1. Trails Agreement. Councilman Knecht said originally the city was to get Wagner park out of the trails trade, which has been eliminated. Councilman Knecht said he does not have a problem getting the trails from quit claim deeds. The county was going to contri- bute $10,000 every year to the trails maintenance, this has been eliminated. Councilman Knecht said he would like to see the city take over the trails. City Manager Schilling said Wagner park was part of the 1976 agreement. The county wanted to keep Wagner park separate from the trails deal. The county has indicated by motion they would transfer Wagner park. In reviewing the Charter, it was found that in order to transfer Wagner park, they have ~o take this issue to the voters, which they will do. Schilling said the contribution to the maintenance was eliminated because of the tax election in November. The county had made a presentation to Council indicating their financial difficulties and that they were forced to eliminate the budgetary contribution. Child pointed out the Charter requirement about transferring land requires this be at a general election, which is not until 1986. Councilman Blomquist said the agreement should reflect the county will ask the voters approval to convey the Rio Grande trail as far as Stein park or to the sewer plant, the strip along Mill stree~ bridge and Wagner park. Child said the county is still researching the title to Wagner park, and there may be complications. Councilman Knecht suggested the city get a 99 year lease as the city should end up with taking the trails system and its liabilities if there is no chance of getting Wagner park. Councilman Blomquist said the agreement should be amended to add an election question and that if the e~ection fails, all title goes back to the county and the agreement is void. Councilman ~lomquist agreed the Rio Grande easement should only go as far as Stein park or the sewer plant. County Manager Eldert said the county will try to obtain as many trail easements as they can. Councilman Blomquist moved to amend the agreement to include title to Rio Grande for its entire length in the city up to and including Stein Park and an easement from Stein park to Woody creek; seconded by Councilman Knecht. Madsen asked if the city has a trails committee to plot trails expansion. Councilman Blomquist said the planning staff is working on this. Hal Clark, PCPA, suggested that the city and county form a separate trails committee. Councilman Knecht suggested Clark organize a trails committee. Clark told the Boards that PCPA has a separate trails committee and would be interested in doing this work. Child said the agreement should be redrafted because there are many references to ownership. Eldert said the staff will bring back an agreement in two weeks. The Council is voting on the concept of this agreement. Councilman Knecht moved to approve the basic agreemen~ with the amendments discussed by Councilman Blomquist including incorporating Wagner park in the agreement. Councilmembers Knecht and Blomquist in favor; Councilwoman Walls not voting. Motion carries. Commissioner Madsen made the same motion; secondsd by Ms. Klanderud. All in favor, motion carrisd. COUNCIL MEETING Councilman Blomquist moved to appoint Councilman Knecht Chairman of the meeting as the Mayor and Mayor Pro Tem are out of town; seconded by Councilwoman Walls. All in favor, motion carried. MINUTES Councilman Blomquist moved to approve the minutes of January 28, 1985; seconded by Councilwoman Walls. All in favor, motion carried. Kequiar Meeting Aspen City council February 25, 1985 CITIZEN PARTICIPATION 1. Barbara Beckett, resident of 720 East Durant, addressed the hickory smoke cooker at City Manager. Ms. Beckett lives just north of the City Market parking lot and has complained about the smoke and odor. Ms. Beckett said she has talked to the enviroD-mental health department, who has tested the smoker, and it has not been out of compliance. Ms. Beckett read from the conditional use section of the Code. Ms. Beckett said the only access to fresh air to these units is on the north side, and when the doors are open the odor and smoke comes into the units. Ms. Beckett said there is pollution in the city and this needs to be addressed. Councilman Blomquist said the Council gave this temporary permission with direction to the staff to clarify the use of this. This is a mobile licensed vehicle, which is not vending. The staff is going to report back to Council with some guidance on how to handle temporary uses. Councilman Knecht said it was Council's option to approve or disapprove this use. The city is trying to control pollution and this smoker belches out smoke all day long. City Attorney Taddune said the staff has met to address problems on special eventS and are investigating legislation for private property to be'used in special instances. The committee is meeting again next week and will report back to Council at their next meeting. Taddune pointed out this use is not a conditional use but is a temporary use. COUNCILMEMBER COMMENTS 1. Councilman Knecht reminded Council of a scheduled work session on Monday, March 4, at 5 p.m. to discuss water rate structure and capital improvement program. 2. Councilman Knecht scheduled a work session for Monday, March 18, at 5 p.m. to meet with Roby Albouy on what he has accomplished on his trip to Europe. 3. Councilman Knecht announced the appointments Councit made. King Woodward and Jane Erb have been appointed to the Wheeler Opera House Board; Spence Videion reappointed to Roaring Fork Transit Agency. PROCLAMATION . OUTSTANDING EMPLOYEE , Heidi Merrill Councilman Knecht read the proclmation and presented a framed copy to Heidi Merrill. RECONSIDERATION OF BENTLEY'S LEASE EXTENSION Andy Hecht, representing Alborz Corporation/Bentley's which is leasing space in the Wheeler Opera House, told Council when the lease was signed there was intention for them to qualify under the rehabilitation expenditure of the IRS. The code requires the term of the lease be for 15 years or longer from the dates the improvements were completed. Hecht said Alborz signed the lease in October 1983, and there is a question as to whether the improvements were completed then or in January 1984. Hecht requested the term of the lease be extended three months to make sure they qualify for the rehabilitation expenditure. Councilman Blomquist moved to approve this lease extension; seconded by CoUncilman Knecht. City Manager Schilling said the sta-f will draft an ordinance for Council's next meeting. All in favor, motion carried. ASPEN MOUNTAIN LODGE DATE EXTENSION Alan Richman, planning office, said Council had some questions about a resolution approved at their last meeting about the reSidential GMP units expiration date. Richman said the i expiration date can be discussed at final plat stage. Richman said the applicant has continue to accept the expiration date of JUne 1, 1985 for the lodge units. If the lodge units expire, the entire project expires. Richman said the applicant is moving forward favorably. Richman said if there is a problem, the final plat should be before Council in April. If the expiration becomes a problem it can be discussed and rectified at that stage. Richman said the applicant voluntarily agreed to this expiration date. 1984 FINANCIAL REPORT Cindy Shafer, finance department, presented a summary of activities in 1984. The report compares budget for 1984 to actual revenues and expenditures. These are very close to what has been project. The revenues are about $90,000 over budget in the general fund, primarily due to interest income. Land fund revenues are about $20,000 over projections; RETT is close to projections. The water fund is up due to tap fees and water sales over projected. There is a graph showing the overall expenditures. There have been savings in some departments in the general fund. Councilman Blomquist asked if it is necessary to have such a large cash balance. Ms. Shafer said that depends on what Council plans to do with the capital improvement projects, City Manager Schilling said in an economy that depends on tourists revenues, these projections are excellent. Councilman Knecht congratulated staff departments that saved money. Councilman Blomquist moved to go into executive session and consider open space acquisi- tion; seconded by Councilman Knecht. All in favor, motion carried. Council went into executive session at 5:45 p.m. Council reconvened at 6:00 NEALE STREET BRIDGE Chuck Roth, engineering department, reminded Council the city had applied for a grant to rebuitd the Neale street bridge. During that time, the Federal Emergency Management Agency was redoing the 100 flood plain. As a result of the, it was discovered the bridge was in the 100 year flood plain. The city reapplied to the state for more money, which was approved for $140,000. The low bid is around that figure but does not contain engineering costs or contingency funds. The staff is requesting an additional $32,000 to build the bridge as designed. Councilwoman Walls suggested using the land fund to fund the trail portion of the bridge~ Roth said he checked with finance and that funding is a possibility with the remainder coming out of the general fund contingency. Councilman Knecht asked the cost of the rock work, and said it was a foolish expenditure for the Mill street bridge. Roth said the rock costs would be about $5200. Roth said the alternatives to do the bridge within the budget would be a two-lane bridge with no pedestrian sidewalk or a one-lane bridge with a pedestrian sidewalk. Councilman Knecht said he would like to see a pedestrain sidewalk on this bridge. City Manager Schilling asked if the state would accept a one-lane bridge in an urbanized area. Roth said no, they would have to change the bridge after the fact. Roth showed Council plans of the bridge. Hal Clark recommended widening the asphalt on the up side of the street towards Original. Councilman Blomquist moved to come up with $26,800 from the general fund surplus. Motion DIES for lack of a second. Schilling said he feels the portion related to the trail should come from the land fund and the rest from the general fund contingency. Perhaps the $71000 construction contingenqy funds may not be used. Councilman Knecht said he would like any contingency funds not spent should be put back into the land fund. Councilman Knechtlmoved to eliminate the rock work of $5200, for a total of $26,800 and the trail portion to be paid out of the land fund and the balance paid out of the general fund; seconded by Councilwoman Walls. Councilmembers Knecht and Walls in favor, Council- man Blomquist opposed. Clark asked Council to approve widening the Original street side if finance finds this to be feasible. Councilman Knecht said he feels this is a good idea. Dean Gordon, Schmeuser Associates, told Council this will be the last part of the project and they will know how much of the contingency is left. Gordon said they can come back to Council at that point with figures. Council agreed with this proposal. OPEN SPACE ACQUISITION Councilman Blomquist moved to authorize the staff to continue open space negotiations and authorize a $2,000 contribution to the PCPA to be used for their participation in open space and trails acquistions negotiations. Motion DIES for lack of a second. Hal Clark told Council he has been on salary with the PCPA for about 3 months. Clark did submit a proposal to the city to do some land negotiations and to work on trails acquisi- tion. Councilman Blomquist said he would like to get started on these acquisitions. Councilman Knecht suggested this be brought back as an agenda item for the next meeting. Councilman Blomquist amended his motion to eliminate the contribution and request staff prepare a program for the early and persistent negotiations of easements and open space acquisitions; seconded by Councilman Knecht. All in favor, motion carried. MOUNTAIN RIVERS - Request for Funds Keddy Brooks, representing Mountain Rivers, told Council this is a detox center located in Glenwood Springs and services four counties. The possibility of a closer detox center has been looked at but was not realistic financially. MoUntain Rivers has an emergency transportation service. Mountain Rivers works with the police department, sheriff's office and mental health. Mountain Rivers comes and piCks people up rather than having the law enforcement agencies deliver them. It costs a lot of money in time and equipment to have law enforcement deliver these people. Ms. Brooks said some municipalities have committed funding this program. Mountain Rivers did not come during budget time as it has taken a long time to get the program together and break the figures down. Mountain Rivers said this transportation program will have to be stopped unless they can get supplemental income. Ms. Brooks said at least 3/4 of the people picked up in Pitkin County are from within the city of Aspen. Councilman Blomquist said this seems to be a police department expense and could come out of their existing budget. Schilling said it would be more expensive to the city to use their own officers and vehicles. Ms. Brooks!i said the purpose of this program is to help out law enforcement agencies. Councilman Blomquist asked why the clients cannot pay more. Ms. Brooks said this request is $2500, and they would bill the city on a per incident basis. Mountain Rivers does bill clients as people should take responsibility for their behavior, which means paying for it. Ms. Brooks said this is not voluntary transportation. The law states if a person is a danger to health and safety of himself or others, he can be taken to the center. John Goodwin, police department, told Council after an incapacitated person is taken into custody they first try to find someone locally to take care of them. Goodwin said these people can be put in the holding cell while Mountain Rivers comes to get them and the officers can go back out on the street. Goodwin said this program works wells. Ms. Brooks said if law enforcement takes a violent person home and they then hurt themselves or someone else, it may be law enforcement's liability. Ms. Brooks said turning people over to Mountain Rivers relieves that liability. Councilman Knecht moved to approve the request of supplemental funding of $2500 for Mountain River Detox center, staff to make the decision where the funds com~ from; Seconded by Councilwoman Walls. Schilling asked if Pitkin County is funding this program. Ms. Brooks said Mountain Rivers! gets money from Pitkin county but not specifically for the transportation program. She is going to request funds for this program. If Pitkin county does not fund the transpor- tation program, Mountain Rivers will not pick up people from outside the city limits. Councilmembers Knecht and Walls in favor; Councilman Blomquist opposed. Motion carried. Aspen City Council February 25, 1985 Councilman Knecht encouraged Mountain Rivers to come in at budget time next year. Ms. Brooks said if the pending lease/contract with Pres/St. Luke's goes through and this operation becomes for profit, Ms. Brooks will let Council know and will not bill at that point. Schilling asked Council if they wanted a contract for this; Council agreed. Schilling said the city will not be an a position of subsidizing the rest of Pitkin county. Ms. Brooks said this money will only be used for cases inside the city limits. Councilman Blomquast said that all contributions to private organizations should be by contract. Councilman Blomquist moved to give notice to all organizations that donations will be by contract; seconded by Councilman Knecht. All in favor, motion carried. LONG RANGE PLANNING Glenn Horn, planning department, told Council the staff has been meetang with P & Z and other advisory groups to discuss the long range planning program. The planning office is working on four elements of long range planning; annexation in the comprehensive plan, historic preservation, open space trails and recreation, and the entrance to Aspen both the highway and Marolt and Thomas propertaes. An annexation committee has been formed; the planning office has a full set of the assessor's maps to help the effort. Public meetings will be scheduled in the future. Colette Penne has been working on the historic preservation element and has been meeting with the HPC and P & Z to set goals. Ms. Penne is also reorganizang the historic inventory. This element should be wrapped up by spring. The open space, trails, recreation component as shown on the map wall. The planning office has inventoried all existing open space parcels and done an analysis of what these lands are used for. The next step will be to figure out what are the missing pieces in the system. The planning office would like to meet with Council about their discoveries in this component. The P & Z is concerned about this city being good managers of the properties they own before acquiring more. Tom Baker is dealing with the entrance to town element and has been working with the traffic committee and P & Z. A list of planning parameters were developed to evaluate the different alternatives. The staff took 17 alternatives for the entrance to town to the traffic committee, and they have narrowed it down to three alter- natives and one preferred alternative. Horn said before the entrance plan get too much farther, they will meet with the Council to see which direction the Council prefers. This work session should be scheduled as soon as possible. Councilman Blomquist pointed out between the Marolt, Thomas and golf course properties there is a rather large public investment and the highway should be able to give and take. ORDINANCE #31, 1984 - Owl Creek Club Water Extension Councilman Blomquist moved to table this until April 8, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #5, 1985 Castle Creek Plant Power Agreement Councilman Blomquist moved to read Ordinance ~5, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #5 (Series of 1985) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND HOLY CROSS ELECTRIC ASSOCIATION FOR AN UNDER- GROUND EASEMENT AND PROVIDING FOR HOLY CROSS ELECTRIC TO SUPPLY ELECTRIC SERVICE TO THE NEW CASTLE CREEK WATER TREATMENT PLANT, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Knecht moved to adopt Ordinance #5, 1985, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Walls, aye; Knecht, aye. Motion carried. ORDINANCE #2, SERIES OF 1985 - Appropriations Councilman Knecht moved to read Ordinance #2, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #2 (Series of 1985) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $220,000; RECOGNIZING GENERAL FUND REVENUES OF $220,000; APPROPRIATING LAND FUND EXPENDITURES OF $76,000; RECOGNIZING LAND FUND REVENUES OF $64,000 was read by the city clerk Councilman Knecht moved to adopt Ordinance ~2, 1985, on first reading; seconded by Council- man Blomquist. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye. Motion carried. ORDINANCE #3, SERIES OF 1985 - Animal Shelter Contract Councilman Blomquist moved to table this until March 11, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~4, SERIES OF 1985 - Historic Designation of Structures Councilman Knecht moved to read Ordinance #4, Series of 1985; seconded by Councilman Blomquist. All in favor, motion carried. Kathryn S/~/Koch, City Clerk Regular Meeting Aspen City Council March 11, 1985 Mayor Stirling called the meeting to order au 5:05 with Councilmembers Knecht, Collins, Blomquist and Walls present. MINUTES Councilmen Knecht moved to approve the minutes of February 11, 14, and 25, 1985; seconded by Councilman Blomquist. All in favor, motion carried. CITIZEN PARTICIPATION 1. Stan Mathis said he would like to be added to this agenda to discuss an encroachment for the Indenpendence building. If this has to wait two weeks, the scheduled will be ruined. Councilwoman Walls said the Council has not seen the staff reports. Mathis said he just would like a consensus of Council's feelings. Councilman Blomquist said he has a concern about a hotel entrance on the mall. Councilman Knecht moved to add this to the agenda; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Motion carried. 2. David Zaagman said at the bankruptcy court hearings about Cantrup, he thought the city,s agreement had changed. City Attorney Taddune said the only change was that the Koch lumber and Aspen Institute lawsuits will be dismissed. Taddune said he would make a full report to Council later. COUNCILMEMBER COMMENTS 1. Mayor Stirling said not to believe Woody Page's column. 2. Mayor Stirling said the community should be commended for the Winternational event, the entier event went well. 3. Mayor Stirling reminded Council there is a work session on March 18 for a report from Roby Albouy. The staff is not ready to report back on capital improvements, which will be moved to April 1. The water rate structure is moved from April 1 to April 15.