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HomeMy WebLinkAboutminutes.council.19850325Continued Meeting Aspen City Council March 18, 1985 Mayor Stirling called the meeting to order at 5:10 p.m. with Councilmembers Blomquist, Colling, and Knecht present. Assistant City Manager Mitchell told Council the animal shelter contract as not ready for consideration and request it be tabled to the next regular meeting. Councilman Blomquist moved to table the animal shelter contract and ~o adjourn; seconded by Councilman Collins. All in favor, motion carried. Council adjourned at 5:15 p.m. ~, City Clerk Regular Meeting Aspen City Council March 25, 1985 JOINT MEETING WITH COUNTY COMMISSIONERS - Commissioner Klanderud called the meeting to order at 4:05 p.m. with Commissioners Kinsley and Madsen and Councilmembers Walls, Knecht, Collins and Mayor Stirling present. Rescission of City's 7th Penny Sales Tax. Tom Smith, city attorney, said House Bill 1221 will allow the county to collect a 7th penny sales tax excluding that area of Pitkin County in BaSalt where it would exceed 7 cents. H.B. 1221 passed the House and as scheduled for hearing before the Senate finance committee this week. Smith said the only change in the House was to give use tax the same treatment. Smith said an order for the county to collect the 7th penny sales tax, Aspen and Snowmass Village have to rescind their 7th penny. Snowmass has determined that voter approval is not necessary. The reques~ is to have Council decide whether or not this Issue has to have approval of the voters. Bond counsel has taken the position it could go either way. Smith said the county is obligated to reimburse the city for any revenues lost by the rescission, and the taxpayers would be protected. Smith said it is his position that the county is obligated by the ~erms of the imposition of the 7th penny sales tax to reimburse the city an accord- ance with the resolution. Mayor Stirling said his concern as that the city do the safest thing. City Attorney Taddune said the safest approach is to submit this issue to the electorate. Taddune said one reservation about repealing the 7th penny as to assure in the future that the city has no liability or exposure for mall maintenance or food tax rebates independent of 7th penny revenues. Mayor Stirling said any question to the voters would have to be very clear that the ~ax is not going down. Taddune said the resolution should be made clear that the city expects full payment of all the current obligations that are paid out of the 7th penny source. Taddune questioned what the county is intending to do with mon~es collected beyond the funds needed for public transportation. Kinsley said the downside of going to a vote is that this issue is very confusing and there is a possibility the voters may vote it down. Smith said the risk of not putting this on the ballot is that a taxpayer might challenge this; however, it would be difficult to demonstrate any damage to a taxpayer. Councilwoman Walls said in the future with different governing bodies, the county may decide to use this 7th penny for general fund, and it would be easier for the city to stop that if they rescind this 7th penny by ordinance. Taddune said if that happened, it would be difficult for the city to reinstate their 7th penny. Mayor Stirling moved to add this item to Council's agenda; seconded by Councilman Collins. All in favor, motion carried. Commissioner Madsen pointed out the only way the county can use this tax money Ks for transportation, which was the mandate of the voters. Klanderud said this money can be used for general transportation purposes, anything that makes transportation workable in Pitkin county. Councilman Collins asked why this has to be on the May ballot. Klanderud said the county wants to be able to implement this as soon as the legislation passes. 2. Trails Agreement. City Attorney Taddune said the county has to agree to their intent to convey fee simple interest in the trails and~Wagner Park to the extent of their ability to do so, except for the Rio Grande trail beyond Stein park. County Attorney Smith said it was his understanding that the county would convey easements not fee simple interest. John Eldert, county manager, said the county will have to go to an election to actually transfer the trails and this election has to be a general election, which is November 1986. Commissioner Kinsely moved the the county reaffirm fee simple transfer of the trails system to the extent possible on tbs entire county trail system with the exception of the Rio Grande trail west of Stein park, and the same for Wagner park; seconded by Madsen. All in favor, motion carried. 3. Housing Price Guidelines. Harry Truscott, housing authority, presented their annual report. The report goes over the development area of housing, the Centennial project and the resales. 33 units have sold in 1984, the employee housing market is getting larger. The housing office has just started enforcement and hope to have a satisfactory program by the end of the year. The housing authority has been working on payment in lieu of building housing, dormitory and caretaker units. The housing authority is lessening the amount of contributions from the city and county from $69,000 in 1985 to $49,000 in 1985. The housing authority has submitted a report on housing the senior citizens and handicapped in the community. Jim Adamski, housing director, told the Boards tbs housing office hopes to hold in reserve any excess funds saved to use as seed money for subsidized senior housing. The senior housing committee is Ramona Markalunas, Budge Bingham and Tom Isaac and have worked hard on the subsidized housing guidelines. Adamski said this program requires a doctor's certification for independent living. Gary Esary, assistant county attorney, said the independent living standards will be site specific. Madsen said every applicant must have a sponsor and questioned if that was too restrictive. Truscott said they feel there should be someone in the community who knows the seniors are there and to whom the housin~ authority can turn to. Klanderud said there are benefits in having a sponsor and this can be very supportive to a person in this situation. Budge Bingham said he feels that sponsors are essential. Adamski said there are 7 senior citizen units at the community center and 8 at Centennial. Commissioner Kinsley move to approve the housing resolution; seconded by Madsen. All in favor, motion carried. Councilman Knecht moved to read Ordinance ~10, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~10 (Series of 1985) AN ORDINANCE ADOPTING THE 1985 HOUSING AUTHORITY QUALIFICATION GUIDELINES FOR LOW, MODERATE, AND MIDDLE INCOME OWNERSHIP HOUSINGPROJECTS, RENTAL HOUSING PROJECTS, LODGE AND COMMERCIAL DEVELOPMENT, AND DEVELOPMENT OF OF EMPLOYEE HOUSING UNITS AS SET FORTH IN RESOLUTION NO. 85-2 OF THE BOARD OF COUNTY COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ASPEN AND PITKIN COUNTY was read by the city clerk Councilman Knecht moved to adopt Ordinance #10, Series of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. The Boards commended the housing authority and director for the report. COUNCIL MEETING MINUTES Councilman Knecht moved to approve the minutes of March 11, 1985; seconded by Council- woman Walls. All in favor, motion carried. CITIZEN PARTICIPATION 1. Jody Straight wanted to make sure Council received a letter announcing the starting of Aspen Ballet Center. Ms. Straight said they will report to Council periodically. They have met with the school board and showed conceptual plans. The school board directed the Ballet Center to proceed and to continue to work with the Board. Mayor Stirling said this Ks a positive and realistic shift. 2. Chuck Carlton, chairman of the county Financial Advisory Board, said they are looking at the possibility of a joint maintenance facility between Snowmass, Aspen, and Pitkin county. The county is faced with having to leave the airport. The city's facility is inadequate and antiquated. The voters have indicated to the county they should pursue all areas where governments can cooprate. Carlton suggested to the BOCC they should engage a consultant to answer if it is possible to have a common facility where vehicles can be maintained. The county asked the FAB to approach Aspen and Snowmass to spend $10,000 on a study on the feasbility of this project, cost, size of the project. City Manager Schilling said he has discussed this with the county manager in general terms. Schilling said going to a private consultant is a worthwhile approach. Schilling said he would like other agencies, such as the school board, fire district, also involved. Carlton said the governments need a study that everyone can agree is objective, which is why he recommended a private consultant rather than in-house. Mayor Stirling suggested this be put on the April 8, 1985, agenda. 3. Georgie Leighton read a petition to Council stating that Aspen has always been concerned about the environment and wildlife. Ms. Leighton said it is inconsistent and contradictory to have fur shops in the city of Aspen. The fur industry is a cruel one. The fur industry ga~e impetus to the endangered species act. Fur shops represent a non- caring attitude. Ms. Leighton requested the Council to take steps to eliminate or restrict the sale of furs and to consider including this issue on the May election. Councilman Knecht moved to add this to the Council agenda; seconded by Mayor Stirling. All in favor, motion carried. 4. Marty Stouffer said the dust problem was excessive this year. Stouffer said the wood smoke seemed to be pervasive this year, also. Stouffer suggested a permit be required to sell fire wood, ora tax on buying fire wood. The money could be used to enforce the type of fire wood that is sold in town. Stouffer said he has also complained about a parking lot at Hyman and Original, which is muddy and dusty. This parking lot is a non-conforming use. It should either be stopped or cleaned up. Mayor Stirling said he has heard a lot of concern about these issues, also the Council is working on this parking lot with the owners and adjacent property owners. COUNCILMEMBER COMMENTS 1. Councilman Collins said the Council received a letter from Francis Whitaker about how to calculate the sign code when there is no street frontage. Councilman Collins requested a report back at the next meeting. Mayor Stirling said a committee was formed in 1984 to work on this. 2. Councilman Collins said the Council has discussed getting together with the Boards and Commissions, and would like a status report on that project. 3. Mayor Stirling said the city received a letter from ISO commission risk services Inc. and he would like to acknowledge Jim Markalunas and the Aspen Volunteer Fire Department. Aspen has changed from a class 8 to class 5, which reduces insurance rates. 4. Mayor Stirling said there is a work session scheduled for April 1; 5 p.m. to 7 p.m. for capital improvements and the Aspen Mountain Lodge at 7 p.m. April 15 will be a work session on water rates and formula from 5 to 7:30 p.m. April 29 will be a work session to follow up on the international partnership project. 5. Mayor Stirling said there are two vacancies on the Clear Air Advisory Board and anyone interested should apply in the city clerk's office. 6. Mayor Stirling said the Coors Bicycle Classic is coming to Aspen in August. Coors has allowed the use of private homes this year. An organizing committee for this event is being formed. 7. Mayor Stirling said he received a letter from Governor Lamm about hazardous materials legislation. There is a hearing March 29th in Denver and he will send down the nuclear free zone resolution. 8. Mayor Stirting asked if there was any interest on Council to reconsider adding the parking structure question on the May 7th election. Councilman Knecht said the citizens know there is a need for parking; this election question should be attached to cost alternatives. RESCISSION OF SEVENTH PENNY SALES TAX Mayor Stirling moved the Council place the rescission of the city's 7th penny transporta- tion tax on the ballot for May 7, 1985, and that the wording be clear so that there is no confusion about what it means Motion DIES for lack of a second. Councilman Collins said he feels this should go to a vote but first the city should find out what will come from the state legislature regarding collecting the tax. There may be amendments or conditions of this legislation that the city should be aware of before any action is taken. Council-man Collins moved to table this issue; seconded by Councilman Knecht. Councilwoman Walls said this issue was voted on by the city and county voters two years ago, and there seems no point in confusing the issue further. Councilman Knecht said he would prefer to do this by ordinance after the legislation is passed. Mayor Stirling said the safest was is to submit this to the voters. Michael Kinsley said there will be no county money to fund transportation after 1985. Kinsley said the city voters have already articulated their position on this general issue and the way transportation should be funded. Councilman Collins said the voters should have a chance to vote on this issue but Council should wait until the legislation is passed. All in favor, with the exception of Mayor Stirling. Motion carried. BALLOT QUESTIONS - ENTRANCE TO TOWN Jay Hammond, city engineer, said the traffic committe~has recommended a two part question asking the voters to chose between two alternatives for a four-lane alignment. Hammond said there was a vote in November about four-laning the highway and the city voters voted 4 to 1 in favor of a four lane. The recommended plan D traverses the Marolt/Thomas property but this alignment is substantially different than the one defeated in 1982. Hammond said the department of highways will start an environmental impact statement the fall of 1985. Hammond said the traffic committee feels the May election is a good opportunity to a large number of voters to state their preference. Hammond said the two alternatives are a four lane on a new alignment and a four lane on the existing alignment. Hammond said in the new alignment proposal, they have asked that the state of Colorado compensate the city for that portion of open space they will be using for the new right- of-way perhaps by trading land, landscaping. The state of Colorado would vacate existing right-of-way. The new alignment will be designed with a curve to keep away from the straight in approach. Hammond said in the plan for the existing alignment, the 90° curves will be softened and widened. The right-of-way acquisition would be restricted to the east side of 7th and north side of Hallam. Tom Baker, planning office, said the P & Z has recommended that plan D (new alignment) as the preferred alternative. Councilman Knecht moved to place the entrance to Aspen on the May ballot; seconded by Councilwoman Walls. Mayor Stirling said he prefers to see this issue go through more lengthy series of public hearings as it is a critical issue. However, there is a strong citizen feeling for having this on the May ballot. Councilwoman Walls said having this issue on the May ballot will get more intense public comment. Councilman Collins said the city does not have enough information to present to the voters to make an informed decision. Council- man Collins said the alternatives may take the congestion just outside of town and bring it into town. Councilman Collins said the financial costs, environmental impacts have to be looked at. Councilman Collins said the city has to look at the highway all the way out to Maroon creek bridge. Councilmembe~Walls, Knecht and Mayor Stirling in favor; Councilman Collins opposed. Motion carried. Mayor Stirling said said he would prefer not to limit the voters' choices and it would be a mistake to limit the choices to two. Mayor Stirling suggested eliminating the language about which side the expansion would be on. Mayor Stirling proposed adding language that Cemetery Lane traffic will be brought onto highway 82 via some unobtrusive grade separa- tion and the light at that intersection shall be removed. Mayor Stirling said there should be a thrid alternative of neither for the oppostunity of another alternative to be propose~ in the future. Mayor Stirling said there should be a yes and no on each of the alterna- tives. Councilman Knecht said the traffic committee has worked very hard on this. Councilman Knecht said of the straight routes, he likes plan D best. Councilman Knecht said he feelsi plan B (existing alignment) ruins the neighborhood, costs too much, eliminates three Victorian houses and the forest service. Councilman Knecht said he would prefer keeping the present alignment with improvements to the corners. Councilman Knecht said he would like to see plan D and do nothing alternatives on the ballot. Councilwoman~ Walls agreed that plan B is totally unacceptable, it destroys property and brings highway standards into the city. Councilman Collins said the existing alignment has enough room for four lanes, except for the Castle creek bridge. Councilman collins said the traffic coming to town has to be slowed down somewhere before it comes to Main street. Councilman Collins said the alternative might be using the existing alignment, improve the bridge, do some- thing with sound baffling. Hammond said part of the existing alignment is wide enough for four lanes, the problems are the corners, medians, turning lanes. Mayor Stirling moved the Council place four items on the MaY ballot; (1) new alignment, plan D, (2) safety improvements on the existing alignment, (3) plan B with no language about which direction to expand, (4) none of the above; seconded by Councilwoman Walls. Councilman Collins said "do nothing" should not be on the ballot, something has to be done~i to mitigate the siutation. Bill Murane, owner of Aspen Villa, said he has a letter from Joe Dolan, highway department, who offered to do a study about whether four lanes are needed at the Castle creek bridge? Jon Busch said plan B (existing alignment) would not be acceptable to most people and should be dropped. Jeff Evans suggested language for the ballot, "Retain the existing highway. Any improvements to state highway 82 within the city of Aspen shall be confined to the existing alignments". Evans said each questioni should not have a "yes" "no" choice because in a close election all three questions could be voted down. The voter should vote on just one alternative. Mayor Stirling said this is an advisOry vote to the highway department to take into account in the environmental impact statement. Jim Colombo said he is not sure why the city is in a hurry to get this on the ballot. These improvements are 10 years away. Colombo said there are alternatives that have yet to be brought up. Mayor Stirling said if the city keeps putting this off, they cannot deal with the long range plans. Horn said the reason it is important to put it on the ballot is that the highway department is starting their impact statement in October and they will address all these questions. Francis Whitaker said the Charter prohibits the city from giving away or disposing lands bought with 6th penny funds, and the ballot question has to be more specific about the public lands. Mayor Stirling suggested contin- uing this discussion to later in the week. Mayor Stirling moved to continue this item to Thursday, March 28 at 5:00 p.m.; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht. Motion carried. REPORT ON PARKING STRUCTURE City Manager Schilling said this report is not ready, and he would like to expand the continued meeting to discuss other potential ballot questions. MAIN STREET CEMETERY LANE LIGHTS Mayor Stirling said he would like to draft a letter to the department of highways about these lights. Mayor Stirling said he would like the four-way walk removed from Mill and Main. Mayor Stirling said the drivers are frustrated by this intersection and people are driving more on the side streets. Mayor Stirling said all three lights on Main street should be in a time sequence, Mill and Main should have green arrows for turning. Councilwoman Walls said it is important for pedestrians to cross Main and Mill without having to dodge turning cars. Councilman Knecht asked what the traffic committee recommended. The traffic committee recommended leaving the safe walk and having better enforcement. Bil Dunaway said this light was discussed for months with lots of public input. Jon Busch suggested when the left turn arrow is on on Main street, having a green right turn from Mill onto Main. Mayor Stirling requested the t~affic committee draft a letter about the Main street lights to the department of highways with their recommenda- tions and bring it back to Council. Mayor Stifling said for the Cemetery Lane light, he would recommend longer green on the highway, installing a sensor on Cemetery Lane to activate that light, having a sign on Cemetery Lane telling people it is a long wait, having the police deparment on site with manual changing of the signals in the win%er, having %he police in the intersection on clear days from 3 to 5:30 p.m. in the winter and sur~mers. Councilman Knecht said he would like to see the recommendations of the traffic committee. Hammond said the traffic committee will draft a letter and present it to Council. AWARD OF BIDS MALL LIGHTING PROGRAM Elyse Elliott, engineering department, said in July 1984, Council approved $140,000 for the mall lighting project based on an estimate by an independent contractor. The bids were opened March 4, Western Colorado Construction low bidder of $117,536 and $14,938 for the Elks building. The light standards cost $57,690. The total for the mall lighting project is $190,164. The cost discrepancy is about $50,000. It was originally assumed the city would provide the boom truck. The city cannot prOvide its boom truck and this adds $8000 to $10,000 to the bid. The light standards are $20,000 than originally anticipated. Four lights have been added on Mill street since the original estimate was done, which adds $14,000 to the project. Ms. Elliott told Council the CCLC has analysed this and feels the only thing that can be cut is the lighting of the Elk's building, which will save about $15,000, for a total cost of $175,226. Assistant City Manager Mitchell said this project is on the current capital improvement projects list at $140,000. If Council approves $175,000, adjustments will have to be made in the electric capital improvement fund. Mayor Stirling suggested waiting on this until the April 1st work session when all capital improvements are looked at. Ms. Elliott said they would like this project ~o be done during the off season and would like to award the contract so they can start ordering their materials. Councilman Knecht said the city has been working on this project for a long time. Councilman Knecht said he does not want the digging done during the summer season. Gary Plumley, CCLC, said one of the reasons this is late was examing the quality of the light standards. Mayor Stirling moved to table this issue to April 8 for a decision and discussi~this at the April 1st capital improvement work session. Motion DIED for lack of a second. Councilman Knecht moved to approve the Western Colorado Contractors as contractors and approve $175,226 for the mall lighting project; seconded by Councilman collins. Mayor Stirling said there are other areas of town that are quite dark and should be addressed. Plumley said the CCLC is working on those areas. All in favor, with the exception of Mayor Stirling. Motion carried. REQUEST FOR ENCROACHMENT Independence Building Jay Hammond, city engineer, said this was introduced at the last Council meeting and put off in order to get the referrals comments. Hammond said the new encroachments are an entry and stairwell on Galena, a window well on the alley, a new trash enclosure on the alley. Hammond said the utilities should be re-routed at the applicants' expense if they need to be re-routed. The engineering department is requesting that the coal bin encroachment in the alley be removed and all sub-grade structure demolished and backfille~ to regain use of the alley. Robert Brunkan, representing the applicant, gave Council photographs of the existing building and showed where the utilities will be relocated. Brunkan showed the various encroachments, existing and new. Brunkan said they plan to use the lighting sCheme identical to that the city is using. Brunkan said the requested encroachment is 1-% feet beyond the existing encroachment, they are removing on stairway. The light well enroachment will provide a manager's unit in the building. Brunkan said they will be taking some mass of the building off the mall. Councilman Knecht moved to approve the encroachment license with the engineering conditions; seconded by Counciman Collins. Mayor Stirling asked if this encroachment would be a benefit to the public. Brunkan said he feels it is because they are removing a canopy and other mass from the mall and encroaching at street level. All in favor, with the exception of Councilwoman Walls. Motion carried. REQUEST ~OR ENCROACHMENT - Waidner Elyse Elliott, engineering department, said the staff is recommending an encrOachment be granted for Waidnes at 131 East Hallam. The garage and fence encroach into the alley of Block 65 from 7/10s of a foot to 2,9 feet. The garage encroaches into the street side by 5.5 feet. Ms. Elliott told Council no one on the staff had problems with this encroachment. Ms. Elliott said these structures have been there for years. ~ayor Stirting moved to approve the encroachment for Waidner; seconded by Councilman Knecht. All in favor, motion carried. APPEAL INSURANCE CLAIM - Lathrop City Attorney Taddune said his office has not been able to reach the Lathrops and requested this be cOntinued. Taddune told Council this results from an accident where a police car hit the La~tl'r~op's vehicle, which was parked the wrong way. Taddune said the claims adjusters felt both parties were equally responsible and there should be no payment. Mayor Stirling moved to table this to April 8; seconded by Councilman Collins. All in favor, motion carried. REQUEST FOR FUNDING - Study/Year-round operation of Moore Pool Clark Smythe told Council a group has been working on this project since last summer and has been meeting monthly. Bill Lipsey presented a proposal for a feasibility study funding. Smythe said the school system wants to use the pool for their education system. Councilwoman Walls said the city does not need a study but needs to get the project done. If the city can fund lighting up the mall, they ought to be able to spend money to provide recreations for residents. Councilwoman Walls said the alternative for heating the pool and not covering it is not acceptable because of the costs to heat the pool. Councilwoman Walls suggested staff solicit proposals from local architects for designing a simple, glass structure to enclose the pool. ThiS could be put on the 1986 capital improvement list. Mayor Stirling agreed about the study, staff has information on enclosing the pool. Mayor Stirling asked what financial participation the school would have. Smythe said the school is willing to cover the operating costs. Smythe said the rest of the operating costs could be offset by user fees. The school system felt they could not help out with the capital costs. Mayor Stirling said Aspen is a world class resort and has a pool that is only used 3 months a year. Mayor stirling said the staff should start proceeding with the alterna-- tives and get bids. Mayor Stirling said the Blue Ribbon Panel put this very low on their!! list of improvements. Bill Lipsey said the cost of this project cannot be known until a decision on what type of structure is made. There are lot ~f different options. The Council needs to think about the aesthetic experience and the practical problems. City Manager Schilling said the staff could put together requests for proposals on engineeringi services to construct a permanent facility. Schilling said all the tasks outlined by this committee will have to be done and will be part o~ the scope of the work. Councilman Collins said the reason the pool was not g~vered initially was that the money from-the Bureau of Outdoor Recreation stated specifically it had to be an outdoor pool. Councilman Collins said this is something the community needs as a year round amenity. Councilman moved to go ahead with the feasbili%y study and appropriate $2,000. Motion DIES for lack of a second. Councilwoman Walls moved to instruct the staff to prepare RFPs for a pool enclosure, including calculating heating the pool year round without an enclosure; seconded by Mayor Stirling. All in favor, with the exception of Councilman Knecht. Motion carried. CONTRACT TO PURCHASE OPEN SPACE AND ANIMAL SHELTER Councilwoman Walls moved to continue these two items to April 8, 1985; seconded by Councilman Knecht. All in favor, motion carried. ASPEN MOUNTAIN LODGE FINAL PLAT SCHEDULE Colette Penne, planning office, said this project has been reviewed by P & Z for prelim- inary plat. Alan Richman will present a briefing for Council April 1 on what has been done by P & Z. John Doremus, representing the applicant, told Council they are working under a tight time schedule. Doremus said if they can get started on schedule, the earth moving will be done in the off season. Also, if they get started on time, they will be able to open for the winter season 1986-87. Doremus said they are preparing a booklet for Council to catch up on the physical changes at the site which have occured. Mayor Stirling said this is scheduled for one hour April 1st, will be on the agenda for April 8th and April 22nd and at the work session for April 15th. Mayor stirling moved to go with the recommended schedule as outlined; seconded by Councilwoman Walls. All in favor, motion carried. City Manager Schilling said the staff strongly supports allowing demolition and excava- tion prior to final plat and asked Council if they had any objections. Doremus said the applicant would like to begin demolition on April 15th. The project has submitted foundation plans to the building department. Doremus said the building department needs ~ authority from Council to review and process these plans. Doremus said on April 1st the applicant could offer Council a plan to mitigate any problems that might occur if final plat approval is not received. Doremus said he would like Council to authorize the building department to process the permit. Schilling said he would like Council to support moving ahead with this project. Mayor Stirling said he does not object to asking the building department to proceed; Councilmembers Walls and Knecht had not objections. Mayor Stirting moved to give direction to the building department to proceed with this application with all due haste; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE ~11, 1985 Rezoning Top of Mill Councilman Collins said there has been some concern about separating the lodge and residential components of this application. Ms. Penne said the P & Z has two more meetings regarding the residential component. Doremus said P & Z explained P & Z will recommend to Council that preliminary approval of the Top of Mill be withheld until the studies on the geologic hazard are completed. Doremus said because of the timing and the weather, a spring runoff has not been studied. This will not be completed until August 1st, and the applicants would like the Top of Mill put aside from the rest of the PUD. Councilman Collins said this is an exception from the agreement at the beginning of the application. Mayor Stirling asked if the applicant wOuld indemnify the city from anything happening on this site. Doremus said they will still be digging the hole by the time Council will receive the report from the Colorado Geological Survey. -'-~ ............ = n~F~ ~y uouncl± March 25, 1985 Councilwoman Walls moved to read Ordinance ~11, Series 1985; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #11 (Series of 1985) AN ORDINANCE REZONING TO "R-15(PUD) (L)" (RESIDENTIAL/PLANNED UNIT DEVELOPMENT LODGE OVERLAY) THOSE PORTIONS OF LOTS 10, 11, 12, 13, 14 AND 15, CAPITOL HILL ADDITION TO THE CITY AND TOWNSI~E OF ASPEN, PITKIN COUNTY, COLORADO, WHICH ARE PRESENTLY ZONED "PUB" (PUBLIC) was read by the city clerk Councilwoman Walls moved to adopt Ordinance #11, Series of 1985, on first reading; seconded by Councilman Knecht. Tom Baker, planning office, said this proposed rezoning has been recommended by P & Z. Council granted conceptual approval of the Top of Mill project by resolution 84-23 and discussed the rezoning at that time. Baker said this proposed rezoning is reasonable until and unless geological reports show this area to be undevelopable. If that is found, the planning office will recommend the hazard area to be zoned C, conservation. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling aye. Motion carried. ' ORDINANCE ~45, 1984 - Bentley's Lease Extension Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adop~ Ordinance ~45, 1984 on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Knecht, aye; Collins, aye; Mayor Stirllng, aye. Motion carried. ORDINANCE #4, 1985 Historic Designations Mayor Stirling withdrew for a conflict of interest. Colette Penne, planning office, showed Council pictures of the three structures. Ms. Penne said Council and P & Z policy has been any houses on the historic inventory that are in the,three categories and the owner requests designation, the city does so. Mayor Pro Tem Collins opened the pbulic hearing. There were no comments. Mayor Pro Tem Collins closed the public hearing. Councilman Knecht moved to adopt Ordinance ~4, 1985, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls aye; Knecht aye; Collins, aye. Motion carried. ' ' ORDINANCE ~5, 1985 - Castle Creek Power Contract Mayor Stirling opened the public hearing. Jay Hammond, city engineer, went over the expenses of this project. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance ~5, 1985, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Walls, aye; Knecht aye; Mayor Stirling, aye. Motion carried. ' ORDINANCE #12, 1985 - Sport Stalker Agreement Councilwoman Walls moved to read Ordinance #12, Series of 1985; seconded by Councilman Knecht. Ail in favor, motion carried. ORDINANCE #12 (Series of 19~5) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND HAMBLETON, INC. d/b/a SPORT STALKER SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH HAMBLETON, INC. PROPOSES TO PROVIDE CERTAIN SERVICES RELATIVE TO THE OPERATION OF THE ASPEN MUNICIPAL GOLF COURSE FOR A TERM OF (5) FIVE YEARS AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilwoman Walls moved to adopt Ordinance #12, 1985, on first reading; seconded by Councilman Collins. Mayor Stirling said this contract previously was a 3 year term and it is not always good to commit the city for long term ~n changing times. Jim Holland, parks director, told Council the contract will be evaluated yearly. This will assure Sport Stalker so that they can put the capital into the project and this contract is in both parties best interest. ' Roll call vote; Councilmembers Collins, aye; Knecht, aye; Walls aye; Mayor Stirling, aye. Motion carried. ' ORDINANCE #13, 1985 - Supplemental MEAN Agreement Councilwoman Walls moved to read Ordinance #13, 1985; seconded by Councilman Knecht. All in favor, motion carried. Regular Meeting Aspen ~l~y ~..ounc,~- ORDINANCE ~13 (Series of 1985) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE MUNICIPAL ENERGY AGENCY OF NEBRASKA ESTABLISHING A METHOD WITH REGARD TO THE PAY BACK OF CARRYING CHARGES ASSOCIATED WITH CONSTRUCTION COSTS FOR A TRANSFORMER REQUIRED BY COLORADO UTE AND THE COST SHARING OF MAINTENANCE OF A 25KV UNDERGROUND LINE BELONGING TO HOLY CROSS ELECTRIC AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by city clerk Councilwoman Walls moved to adopt Ordinance #13, 1985; seconded by Councilman Collins. Assistant City Manager Mitchell told Council Colorado Ute required an additional trans- former. The city is splitting the carrying charges with MEAN 80/20; MEAN is paying 80% and Ruedi is paying 20%. Roll call vote; Councilmembers collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. PROHIBITION ON THE SALE OF FURS Mayor Stirling said this is a request from a citizen to consider banning the sales of furs within Aspen or to put this on the May election ballot. Councilwoman Walls asked if the city could do this legally. Georgie Leighton said many people have spoken to her about their objections to furs, so she presented this to Council. Ms. Leighton said she would like this on the May ballot and people could vote their preference in private. Mayor Stirling said he agrees in spirit on the issue but the Council is not restricting that certain items cannot be sold in shops. Councilman Knecht asked if it was legal to put this issue on the ballot. City Attorney Taddune said to make this enforceable, there has to be a correlation between the public health, safety and welfare and the question being proposed. Councilman Collins suggested the vote be an advisory vote only. Taddune said the Council could get an advisory vote. Mayor Stirling said this question invades restraint of trade. Mayor Stirling said it may be an abuse of the process to put something on the ballot that the city does not have any basis of going forward with. Councilman Knecht moved to have some language drafted to consider this as an election issue; seconded by Councilman Collins. All in favor, with the exception of Mayor stifling. Motion carried. Councilwoman Walls moved to approve the consent agenda; seconded by Mayor Stirling. The consent agenda is (1) liquor licens renewals - Anres; Aspen Drug, Abetones; and (2) EAP contract. All in favor, motion carried. Councilman Knecht moved to continue the meeting to March 28; seconded by Councilwoman Walls. All in favor, motion carried. Council left Chambers at 8:55 p.m. Continued Meeting Aspen City Council March 28, 1985 Mayor Stirling called the continuedmeeting to order at 5:05 p.m. with Councilmembers Knech~, Collins, Walls, and Btomquist present. BALLOT QUESTION - Prohibition Against Sale of Furs City Attorney Taddune said this issue will be going to the electorate as a question of preference rather than a legal prohibition on the sale of furs in Aspen. Mayor Shirling read the question, "Does the electorate desire to express its disapproval of the breeding and slaughtering of fur bearing animals merely for the purposes of obtaining produces for human adornment?" Taddune said he tried to come up With a one line question which would satisfy the citizen who wants to bring this to the voters. Councilman Blomquist said a referred election issue should be for the purpose of mandating some specific city action or to advise the Council to take or not take action. Council decided not to put this issue on the ballot. Ms. Leighton thanked Council for their time and cOnsideration. BALLOT QUESTION - Entrance to Town Jay Hammond, city engineer, presented a memorandum updated from Monday's meeting. Mayor Stirling said there are also proposals from Councilman Blomquist and Mayor Stirling. The traffic committee feels that the question should result in a clear mandate for Council to pursue further action with the department of highways. Hammond said alterna- tive B, existing alignment, causes problems for everyone. The traffic committee reworded the existing alignment alternative to indicate a range of improvements or a phased approach may be appropriate, like safety and capacity improvements, upgrading the bridge. Hammond said any alternative may requiring use of open space on the Thomas/Marolt property. Hammond read the proposed questions for the ballot between the new alignment and the phased improvements for the existing alignment. The ballot question include drawings of the two proposed alignments. Mayor Stirling asked if the questions are Clear enough to allow Council to sell or to trade open space. City Attorney Taddune said with yes and no on both questions, the voters may approve both alternatives. Mayor stirling said he is concerned about the city having adequate protection about the disposal of open space in the future. Taddune said someone may take the position that it was unfair to combine the open space question with this larger question. ~u~.u~u ~.~=u~ aspen u~y ~ouncl± March 28, 1985 Mayor Stirling presented his four proposed alternatives and would eliminate plan B, which is the existing alignment, and would add an alternative stating this issue needs more planning and research and the voter would chose to do nothing at this time. Mayor Stirling suggested rather than "yes""no", that the voter chose one alternative. Taddune pointed out that in trading or selling open space, the Charter requires this be passed by a majority of those voting, and this suggestion might eliminate that. Councilman Blomquist said the existing alignment question has been much improved. Councilman Blomqui~t said in his question for the new alignment, he would use the work "parkway". Councilman Collins said if the city is going to give away open space, the ballot question ~ has to contain the description and how much property is being given away. Hammond said the traffic committee had planned on a highway with median, and wanted the voters to approve a conceptual approach which would allow the CounCil to work with and negotiate with the department of highways. Taddune said the ballot language should be as specific as possible. Mayor Stirling said he would like to add in the ballot questions a specific number of feet to be used in the open space to give the voterS an indication. Hammond said the drawings in the ballot questions indicate the concept of where the highway alignment will occur. Councilman Btomquist asked what the costs will be in waiting 7 years for this improvement, in traffic flow, in not knowing how to use the Thomas/Marolt prOperty. Councilman Blomquist asked if there are things that can be done to the existing highway to improve traffic flow in the interim. Jim Colombo told Council he has spoken to the department of highways and told Council the department of highways do not need one specific recommendation from the city. The department of highways will do an enVironmental impact study on several alternatives. The city can suggest 2 or 3 alternatives, which the department of highways will study along with their own alternatives. The questiOns the Council is bringing up will be answered by these environmental studies. Costs, feasibility and impact will be studied by the department of highways. Colombo said the department of highways recommended to him that the city present 2 or 3 alternatives, which they will research and study. Hammond said the department of highways will study a range of alternatives. One of the problems the department of highways has is that they will not condemn property through publicly owned open space. The department of highways needs an indication from the city and from the voters that they have the alternative to use open space as a possibility. Colombo said he ~ke~ the department of highways that question, and they said voter approval is not necessary for a preliminary study Michael Kinsley said there are two issues here, whether to accommodate the four lane on the city's open space property and which alignment should be preferred. Both these questions should be put to the voters. Hans Gramiger said it is imperative to solve the open space question now. Gramiger said the inclusion of the drawings in the ballot questions makes it confusing. Chuck Brandt said what will happen at the Cemterery Lane intersection should be in the question. Edith Dunn said she would not want to vote on any of these alternatives until more information is available. The voters will want to know what is going to happen at the Prince of Peace, at Cemetery Lane and at the 90° turns. Bobbi Carson said it is clear now that the department of highways will study various alternatives, and t~ing this to the voters is premature. Wynn Walter asked why the costs of the alternativeS are not inclUded in the ballot questions. Mayor Stirling said these costs are quite rough estimates. Francis Whitaker said he would rathe~ get the environmental impact statements first. The voters would know what the alternatives would cost. Councilman collins suggested Council reconsider the decision to put this question on the ballot. Councilman Collins said Council needs more information from the environmental impact statement and from the traffic engineers~ Councilman Collins said these alignmentsii bring the traffic into town and onto Seventh and Main. These problems should be looked at by the department of highways. Councilman Blomquist agreed this election question should be put off until after the EIS is avaluated, and the city should have 2 or 3 alternatives to present to the department of highways by October 1st. Councilman Blomquist said the park planning and highway planning should be done simulanteously. Councilman Blomquist suggested having the neighborhoods work with the traffic committee and park planning so that by October 1st the city has 3 alternatives. Peter Forsch, traffic committee member, told Council the department of highways has told the committee they would like the community identify its preferences for the alignment. Last August, Council committed to putting this issue on the May ballot. Councilman Knecht said he would like to submit this to the voters to see what they have to say. Mickey Herren said it makes no sense to limit the number of choices to 1, since the state willing is to look at a number of alternatives. Gramiger said these two corners are very dangerous. Bobbi Carson said the traffic committee has done a very good job and has come up with some viable alternatives and the department of highways can study these. Tom Baker, planning department, told Council after the 1982 election about right-of-way across the Thomas property, the highway department put in writing they would not address the environmental impact statement until the community came to a consensus. Mayor Stirlin~! said many people have expressed a desire to have the entrance to town question on the May ballot. Mayor Stirling said he is willing to give the responsibility to the voters to give Council a clear charge and to communicate that choice to the voters. Herren suggested a fourth alternative on the ballot ~o submit all of the above questions to the highway department to consider in their EIS. Councilwoman Walls said the traffic committee has worked hard, has gone through 17 alternatives and narrowed it to two. Councilwoman Walls said the traffic committee has gone as far as they can. Councilwoman Walls said ? she would prefer to put the ~ote off until the city has an EIS, and then vote on the EIS alternatives. Councilwoman Walls moved to reconsider putting the highway issue on the ballot; seconded by Councilman Blomquist. 3874 Continued Meeting Aspen City Council March 28, 1985 Richie Cohen said the city has to give the highway department a positive s~gn that the community wants the alternatives studied. David White agreed it is important to let the highway department know that the community wants their help in solving this problem. Mayor Stirling said he feels a vote gives a charge to an elected body and has impacts on the highway department. Councilman Blomquist said the November 1984 vote was very clear, the local officials negotiated with the department of highways, the EIS Ks scheduled. Councilman Blomquist said because the EIS is scheduled, it is not necessary to have this election. Councilman Blomquist said the community's relationship with the state is better than before. Councilman Blomquist suggested communicating with the department of highway to say Aspen is interested in solving this problem. Councilwoman Walls said the voters were only given one choice in 1982 and in November 1984 the voters made it clear they want a four lane. The city and county met with the highway officials last fall and made it clear they wanted the environmental impact statement started as soon as possible. Councilmembers Walls, Collins and Blomquist in favor, Councilman Knecht and Mayor Stirling opposed. Motion carried. Councilman collins moved ~o ask the staff to draw up a resolution reaffirming the city's commitment to work with the Colorado department of highways and to send them three alter- native to look at in the EIS; seconded by Councilman Blomquist. All in favor, motion carried. Ed Zasacky requested the Council write a letter to the department of highways regarding interim ~mprovements. Mayor Stirling said he has drafted a letter and is having the s~aff review. Councilwoman Walls moved to adjourn at 7:00 p.m.; seconded by Councilman Blomquist. All in favor, motion carried. ~o6h, City Clerk