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HomeMy WebLinkAboutminutes.council.19850408Regular Meeting Aspen City Council April 8, 1985 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Blake called the meeting to order at 4:05 p.m. with Commissioners Klanderud, Madsen, and Kinsley and Councilmembers Knecht, Walls, Blomquist, and Mayor Stirling present. 1. Report on Ruedi Litigation. Mark Fuller, environmental coordinator, told the Boards the city and county have been litigating with the Colorado River and Water Conservancy district for five years on refill rights to Ruedi. Fuller said the city and county won one case in the Supreme Court and have been negotiating with the District to settle the other case. Fuller said the District and city and county have reached a rational settle- ment. Fuller said the main points of the settlement are the River District would recognize recreation on Ruedi constitutes a beneficial use of the reservoir, which would put recrea- tion on an equal footing with water sales and other uses. Fuller said this is an important concession on the part of the River District. The city and county would recognize the River District as the holder of all water rights in Ruedi and is obligated to put those rights to all beneficial uses. The River District would allow Aspen and Pitkin County the right to use water rights for the generation of hydroelectric power. This gives the city and county a place at the table in negotiating any future water sales from Ruedi. In exchange, the city and county would not oppose any assignment of water sales contracts from the BOR to the River District. Fuller said this could take the form of a stipulation and letter of agreement between all parties. The city and county's water attorney and the River District feel all parties interests are being protected. Mayor Stirling asked about the litigation. Fuller said the city and county applied for a water right to refill Ruedi for a second filling over and above the initial capacity. The River District opposed this application and then applied for the same right. The city and county's application was turned down an a water cour~ locally, was taken to the Supreme Court and the decision overturned. Council agreed with the outline of the settlement. 2. Housing Price Guidelines. Bil Dunaway asked what the percentage increase is in the rental and sales prices. Jim Adamski, housing director, said a 3.3 per cent ancrease is allowed. Councilman Blomquist asked if an effort could be made to address the employee seasonal housing and how this would effect the overall market. Adamski said these guide- lines do contain dormitory unit guidelines. Councilman Blomquist said the overcrowding in town is the result of lack of availability of seasonal housing. Jim Curtis said this next winter, the results of Centennial and the sales units will be seen. Adamski said after Centennial is occupied, the housing office will do another survey to give more direction toward the housing market. Dunaway asked if there is any provislon for employers to purchase units. Adamski said employers may lease or purchase units as ~a last priority. Adamski said they do not want to en~ourage a max of ownership and rentals within a project. The Board is promoting a communaty within a community. Councilman Blomquist said employer responsibility to provide' units was discussed in the early days of the program. The thought was this would be a way to finance projects. Ms. Klanderud said employer purchassd units have been last priority in the county, and the thinking was having affordable housing to purchase would give employees an equity in the community. If employers bought these units, it would deprave units from people who have worked their way up to be able to purchase. Councilman Blomquist said this also deprives the smaller businesses of the opportunity to provide one unit as a contribution ~o the employee housing problem. Doug Allen, housing board, told the Boards there is indication for purchasers of employee units they would like to reside with other owner-occupants. Councilman Blomquist said this is building in a social caste problem. Ann Bowman, housing office, said employers can co-sign and help their employees to purchase units. Mayor Stirling asked about the policy when owners of these units leave town. Adamski said some leave of absences can be granted; if an owner is leaving town for another job, they have to sell the unit. Adamski said the housing office did four forced sales in 1984. The unit has to be the employees sole and primary place of residence. Mayor Stirling asked what the housing authority is doing to encourage dormitory-type housing. Jim Curtis, housing board, said in the city and county there have been Code amendments to allow the ability to do dorm units. Curtis said as projects come through for pre-application review, the housing authority is suggesting dorm units. The Aspen Mountain Lodge, Highlands and Inn at Aspen have dorm housing. The Board does not have a consistent policy on whether to go ou< in a public-private joint venture and facilitate a new structure. Ms. Klanderud said dorms makes sense, but it should be watched to see if employees are willing to live in a dorm situation. Councilman Blomquist said he means something more like group housing, not a military dorm. Mayor Stirling asked about the "land in lieu" and that it would be given <o Pitkin County not the City, no matter where the lot is located. Adamski said payment in lieu and land in lieu cannot satisfy the employee housing requirement for the city of Aspen because it was submit%ed to the city P & Z, and it was not passed. Adamski said these are alternatives for a developer to meet the employee housing requirement. Curtis said P & Z's arguments were the uncertainty of this, as there were no proposed projects on the books. P & Z felt if there was an identified project and identified parcel, they would feel more comfortable. P & Z felt uncomfortable with the time delay between when a project is presented, and when the city would get any employee housing. Adamski said these alter- natives are for a developer that would generate 1.5 employees and could offer land or cash for the .5 employee. Adamski said "land in lieu" may help toward single family dwellings. Dunaway asked why P & Z's decision about land or cash in lieu was not referred to Council. Adamski said the Board would be willing <o bring this up again. Mayor Stirling asked staff to follow up P & Z's discussions and why this issue was not brought to Council. Commissioner Blake opened the public hearing. Councilman Blomquist asked for analysis from the staff about the right of an owner <o set up a pro3ect where renting is prohibited, and is this a form of discrimination. Adamski said under the mortgage revenue bond, a line has to be drawn between the rental and ownership portions of the project. Councilman Blomquist said if a local business person buys a unit for his employee, he is achieving the stated goals of the city and county. Blake closed the public hearing. Madsen moved to approve the 1985 housing price guidelines; seconded by Ms. Klanderud. All in favor, motion carried. Councilman Blomquist asked for a report on what is happening at the community center with the senior citizen housing. County Manager Eldert said in the grant application, there is a whole range of uses projected for the building. These have only been attained in the last year. The grant mentions target percentages for differen< constituencies. Eldert said the aim is to decentralize the senior functions and have a senior component in every city and county program. The community center is being used for all functions anticipated in the grant application. Adamski brought up senior subsidized housing. Adamski said the housing department requested $36,000 from each entity to support the housing program. This request'.has been reduced to $28,000. Adamski said the actual cost for 1984 is about S24,000 from each entity and would like the difference budgeted ~o be put in reserve for senior housing. Adamski requested the Boards okay this request and work the details out with the finance departments. Blake said he would rather hold off on this issue. Councilman Knecht said when the housing authority was started, one of the goals was no government control or funding. Mayor Stirling moved to retain the $4,000 in a senior citizens subsidy fund; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. Commissioner Kinsley moved to retain the $4,000 for this fund; seconded by Ms. Klanderud. Commissioners Kinsley and Klanderud in favor; Commissioners Blake and Madsen opposed. Motion NOT carried. Council agreed to add the option of Ordinance #10, 1985, to the end of their agenda. COUNCIL MEETING CITIZEN PARTICIPATION 1. David Zaagman presented his petition and announced his candidacy for Mayor of Aspen. Zaagman requested the names on the ballot be in reverse alphabetical order. Zaagman addressed the smoking, parking and ski pass issues. 2. David White, P & Z member, thanked Council for inviting the Boards and Commission members to a recognition banquet this week. COUNCILMEMBER COMMENTS 1. Mayor Stirling said Council needs to schedule interviews for the Clean Air Advisory Board. There is a water rate and Aspen Mountain Lodge work session set for April 15th and a work session April 29th on the International ski resort partnership. Council scheduled the interviews for Monday April 15th at 4 p.m. 2. Mayor Stirling said this friday at 6:30 p.m. there is a dinner a~ the Paragon for Council and City Boards. 3. Mayor Stirling said tomorrow at 8 a.m., representatives of the Coors bicycle race are having a breakfast at the Continental Inn and Council is invited. 4. Mayor Stirling asked for a list of candidates for the May election. City Clerk Koch said for Mayor Fred Crowley, Dick Knecht, william Stirling and David Zaagman; for Council Allan Blomquist, Pat Fallin, Tom Isaac, George Parry and David White. 5. Councilman Blomquist said the city has received a significant offer for open space and Council needs an executive session at the end of the meeting because the city should act promptly. Councilman Blomquist moved to have an executive session at the end of the meeting; seconded by Councilman Knecht. City Attorney Taddune told Council he needs to report on the Troxel suit in the executive session. Councilman Blomquist amended his motion to include Troxel in the executive session. All in favor, motion carried. WHEELER BOARD/ASPEN ARTS COUNCIL City Manager Schilling said this is a request from the Wheeler Board adressing some of the operational problems, probably as a result of being more successful than anticipated. Schilling said there are strains on the manpower in the Wheeler organization. Schilling requested an opportunity to review with the Wheeler staff and Board this proposal. Schilling said the Board is recommending more personnel, and one concern is where that will be funded. Schilling said another ~ssue is the tremendous hours of work may burn employees out as well as the problem of the application of the Fair Labor Standards Act. Schilling said the city may not be able to rely on compensatory time but be required to pay overtime. Schilling said he would have to analyze that and other issues and come back to Council with a recommendation. Eve Homeyer, Wheeler Board, said the Board is recommending three new positions; an assis- tant ~echnical director, a secretary for tbs Wheeler and a box office administrator. This is to accommodate the ~ncreasing demand for activities in the Wheeler, which has become a great success. Ms. Homeyer pointed out the Wheeler might have been able to produce this income if they could have had the gift shop and the basement for rental. John Stanford, W~eeler Board, presented a calendar of the events at the Wheeler with rehearsals, actual performances, or other activities. Stanford said there were 214 performances, 130 rehearsals, 57 special events and 121 tours of the building. The Wheeler is open often 7 days a week from 8:30 a.m. to after midnight. Stanford said besides taking care of the theatre, there is building maintenance. Ms. Homeyer said the Wheeler is open 105 hours a week, with three people on the staff. Two people need to be on-site at all times and with three stories, two people is too few to be on hand. Susan Michael, Aspen Arts Council, said one of their major functions is to take care of tickets sales for smaller arts groups. Ms. Michael said the M.A.A. funds their own ticket seller. The Arts Council is asking other segments of the community for funding of this tickets sales position. The Arts Council is asking the city to absorbe $8,000 of this position. Tom Ward said to increase the growth of the arts and to allow these groups to survive and grow, it is vital that people wanting to attend performances be g~ven the best possible service to insure that purchasing tickets is easy and convenient. The proposed box office position in the Wheeler will provide consistent daily hours, convenient location, telephone purchasing and credit card use. Ward told Council for the arts groups it will provide accurate financial data, increased visibility, and better ability to know what is attending the events. This position will sell all tickets in the valley except the M.A.A. tickets. Dutch Hodges told Council the arts groups have all come together on this proposal, and the ability for people to know where to go for tickets is very important rather than having several locations. Councilman Blomquist asked why a percentage charged to sell tickets cannot cover this box office position. Ward said the groups will pay 5 per cent of their sales. Councilman Blomquist asked the staff include in their analysis the question of self-sufficiency be charging a percentage. Mary Apple, Ballet West, told Council that pricing of tickets in the non-profit field is different from commercial products. Ms. Apple said tickets sales in non-profit never pay for producing the performances. The non-profit organizations try to make their performances accessible to the entire community. Ms. Homeyer said volunteers will be involved in ticket sales but this full time person will be responsible and will train the volunteers. Ms. Homeyer said the request is for an assistant tech director at $15,000 for the rest of the year and S3300 in benefits. Ms. Homeyer said this position is critical for a $5,500,000 building, which is presently being taken care of by one person. The second request is for receptionist/secretary to help the present secretary who is presently there from 8:30 a.m. until whenever the building closes. This request is for $8,750 plus benefits for the rest of the year. The third position is for the box office administrator. Ms. Homeyer said all three positions are really needed. Ms. Homeyer said Lily Tomlin did not know she was coming to a municipal theatre and would no~ have come because they are so unworkable. Ms. Tomlin said she could not believe the Wheeler was a municipal theatre. The Board is recommending these positions be funded for the preservation of a very expensive building and to provide the kind of service that is expected in Aspen. Ms. Michael said Ms. Tomlin cane ~o the Wheeler because it is a beautiful theatre, because it is Aspen and because Bob Murray asked her to. Ms. Michael said she would hate to see any of the three staff members leave because of the long hours. Councilman Blomquist moved to request the City Manager and staff analyse the proposal and report within two weeks, analyse when this position should start like after the M.A.A. leaves; seconded by Councilman Collins. Councilman. Collins asked how this would be structured, who these people would be working for, and what happens when the M.A.A. is in the Wheeler. Ms. Homeyer said there are tours throughout the summer, special events in the lobby. The tech director is needed because it is the city's equipment in the Wheeler and it needs to be taken care of. Councilman Collins said there is the M.A.A., the Wheeler Board, the city and Ballet West and who is in charge. Councilman Knecht said the Wheeler Board made an excellent presentation, and asked what more would come back from staff. Councilman Knecht proposed a change in the ordinance forming the Wheeler Board. The Board had done a great 2ob of getting the Wheeler underway and perhaps they should have a responsibility for the theatre and the parks department have a responsibility of the physical building. Mayor Stirling said this too should be studied by staff. Schilling said one of the issues is where is the money coming from, and the options for additional funding. Another ~ssue. is if the salary schedule is appropriate. Also the question about the Fair Labor Standards Act is criticall. Mayor Stirling requested the staff also address the issue of the Ordinance 10 and the Wheeler Board. Mayor Stirling requested this be brought be at one of the next two Council meetings. All in favor, motion carried. ASPEN MOUNTAIN MASTER PLAN UPDATE Glenn Horn, planning office, said the Skiing Company has made a presentation of the master plan for Aspen Mountain to Council. Council requested further discussion of parking and night tims use of the restaurants. This plan has been progressing through the county and has received approval from county P & Z with some conditions. Horn said the County Commissioners would like direction from Council in terms of their concerns. Horn recommended Council set up a sub-committee to participate in the meetings with the county Commissioners. Horn said the city P & Z set up a sub-committee to participate in the county P & Z meetings. Councilman Collins asked the position of the city P & Z. Horn said the city P & Z position was the same as the county on parking, and differed slightly on night-time use of the restaurant. David White, P & Z member, said they felt there should be additional reviews on night time use of the restaurants. Horn said the city will be reviewing the base area application. Horn sa~d Council may want to mitigate the parking impacts for the entire master plan at the SPA review for Little Nell. The Skiing Company cannot construc~ the base lift with SPA review. Horn said the staff and county P & Z feel it is best to address the parking as a result of increased capacity on Aspen mountain during the master plan stage. When Council reviews Little Nell, they should address parking impacts associated only with development at Little Nell. ~orn said the Skiing Company should not be asked to mitigate parking impacts twice. Councilman Blomquist said a positive impact of this increased capacity will be a decrease on people travelling to Snowmass to ski. Another positive impact, if there is a gondola 5o the top, will be on the summer economy. Suzanne Caskey, county P & Z, said the county is tr~ing very hard to be responsible %~"the city and not just brush off the impacts that w~l~..effect the city but will happen ~n t~ county. Herb Klein, representing the Aspen Alps, said he is 'concerned about the city's ability to review the master plan, and the timing of the proposal in ~rder to have time%for the Skiing Company to order the lifts. Klein asked what happens with the upper lifts if approval ~s not received for the base lift. Horn point~..out the Ski compan~ has to wait for an SPA ordinance to be passed before they can submit anything to C?~Council. Fred Smith, Aspen Skiing Company, said the company feels very strongly about master planning and glves the company a general direction of where the community wants to go. Smith said they plan on bringing the Little Nell/base area to the city as a package. Horn told Council the County Commissioners are going to act formally on this at their April 22 meeting. Mayor Stirling recommended a Work session and to have two Councilmembers attend the Commissioners meetings.April 9th at 9. a.m., April 15 at 11 a.m. and April 22nd at 9 a.m. Councilmembers Walls and Blomqu'ist said they would attend. Council scheduled a work session for 4 p.m. Friday, April 12th. COORS CLASSIC BICYCLE RACE Patsy Malone, personnel director, introduced Michael Aisner, director of the Coors Bicycle Classic. Ms. Malone said $15,00.0 is needed for the entry fee of $8,000 and incidentals of the race. Dick Wilhelm, housing committee for Coors Classic, said he has had offers of housing and thsy have close ~o 200 beds. Wilhelm said he feels comfortable they will be able to reach the number of beds needed for this event. Ms. Malone said 475 ~beds will be needed, and the homeowners' associations have been contacted. Michael Aisner said the event will have both top amateurs and professionals. The race will s~rt in San Francisco, work to Nevada, to Grand Junction, Aspen, Vail, and Boulder. There will be 15 days of bicycle racing, there is a commitment from NBC of 90 minutes. There will be a lot o~ different media coverage of the events. Aisner said the course · n Aspe~ will be~ shortened, and the women's race will be up Maroon Bells. Aisner said ~here will be 17 foreign ~eams representing as many countries. Aisner said his company is ~International Classic Ltd with 8 full time people and a staff of 300 during the race. Aisner said~Coors contributes $500,000 to the race and his company puts on a $1,000,000 bike race. The difference is made up in fees and concession sales. Regular Meeting Mayor Stirling moved that Council allocate S15,000 as a o~e~ing towards the Coors bicycle classic 1985; seconded by Councilman Collins. Mayor Stirling said Aspen is the home of the 1984 Olympic bicycle champion. There is tremendous community support for this event. This is an international event, and there will be coverage of the events on television. Mayor Stirling said there is an effort to have the community match the city's contribution of the fee of $8,000. Mayor Stirling requested the housing committee report back to Council on how the bed situation ~s going. Councilwoman Walls asked when the 1986 race was planned. Aisner said it is in the same general time frame, but the exact dates are not known. All in favor, with the exception of Councilwoman Walls. Motion carried. ARA SIDEWALK SALE Patsy Malone, personnel director, presented an agreement for a sidewalk sale to cover the city's liability. This agreemen~ is similar to a previous agreement approved for World Cup. Merchants on the mall want to put a rack or table in from of their business. There are only seven that want this agreement. Ms. Malone told Council there are other businesses participating, but they will use their private property. Councilman Blomquist asked if the city has any legal problems if they restrict this to only ARA members. Ms. Malone said this is an attempt by the ARA to build up slower seasons of the year. Councilman Blomquist moved %o approve granting this license; seconded by Councilwoman Walls. Mayor Stirling said the World Cup license was a benefit for local charities, not a commer- cial enterprise. Mayor Stirling said he is concerned that only ARA members can participate. Michael Forbes, ARA, said this is the first time for this event and it ~s part of a four day promotion. Councilman Blomquist urged Council to go along with this as it is the beginning of an April Winterskol. Councilman Knecht said he feels this is a bad precedent on the mall. Councilmembers Blomquist and Walls in favor; Councilmembers Knecht, Collins and Mayor Stirling opposed. JOINT ~INTENANCE FACILITY Chuck Carlton, county financial advisory board, told Council the FAB had proposed to the Commissioners to begin a study to determine whether a common maintenance facility for the city, county and Snowmass made any sense. Carlton said the FAB urged the county to hire a consultant not ~o exceed $10,000, which the county endorsed. The county asked the FAB to go to Aspen and Snowmass and ask for participation and cooperation in putting this study together. The FAB would like this study done before Snowmass goes ro the voters for revenue bonds ~o build their facility. The city's maintenance facility is antiquated and the county has ~o leave their facility at the airport. Carlton recommended Fleet Maintenance Consultants who have experience in this type of situation. The firm should review what the fleets are, review special service requirements of each entity, look at pros and cons of a shared facility, and analyse a site. Councilman Blomquist moved to refer this to the city manager and request a report back on the various alternatives available, as RFPs were no~ sent ou~ Carlton said he would like Council's indication they are interested in this proposal and the work with the three managers to determine which firm could do the bess study. Carlton pointed out in the city, 81 percent of the vo~ers indicated they wanted consolidation wherever possible. Carlton said he feels a ~oint maintenance facility is a great opportunity ~o combine and save money. Si Smith said Snowraass plans to spend 2.5 million dollars on their maintenance facility, the county has planned on 1.7 million and the city would spend at least 1.5 million dollars. This is a great amount of money for a valley with a population of 13,000. Smith said Snowmass has not agreed to participate in the study financially but said they would cooperate. Councilman Btomquist pointed out before Snowmass was incorporated, the county trucks could not get up Brush Creek in bad weather. Councilman Blomquist said he would rather see all the various city shops combined first. Councilman Collins said this is a modest amoun~ to spend to ge~ the information needed to make a decision. Councilman collins moved that Council appropriate $3350 towards looking into the feasibility of a shared maintenance facility for Pitkin County and Snowmass contingent on all three entities participating; seconded by Councilman Knecht. City Manager Schilling said he conceptually supports investigating this, but it is critical the city have a full role in drafting the scope of work and go through the process of requests for proposals. Councilman Collins said it is imperative that the managers draft the scope of work. All in favor, motion carried. RESOLUTION ~8, 1985 - Entrance to Town Tom Baker, planning office, said the staff feels as much background and information should be submitted ~o the state as possible and the Council urge that the environmental impact statement process be a collaborative effort between the city and highway department. Baker said he used information from the public hearing process as general guidelines. Baker gave Council two new sections for the resolution. Mayor Stirling said Council can read these and table the resolution for two weeks. Mayor Stirling suggested omitting the last whereas on the first page and insert a statement "the City Council will forward all information related to these proposed alternatives as researched and analysed by the 1984-85 traffic committee and P & Z in preparation for Council debates". CounCilman Blomquist said he would prefer striking most of the whereases and going right to the subject. Councilman Blomquist said the open space issue should be dealt with before the resolution is send to the state. The park planning associated with both the entrance alternatives should be done. Councilman Collins asked where the "entrance to town" begins, at the Maroon Creek bridge. Mayor Striling moved to table resolution ~8, 1985, until April 22; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE #17, 1985 - Contract to purchase open space Councilman Blomquist moved to read Ordinance ~17, Series of 1985; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~17 (Series of 1985) AN ORDINANCE APPROVING AN AGREEMENT TO PURCHASE REAL ESTATE AND TO ACCEPT GIFT OF REAL ESTATE BETWEEN THE CITY OF ASPEN, COLORADO, AND FRANK J. WOODS, III, THOMAS E. REFAEL, AND FREDERICK HEARD SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE CITY AGREES TO PURCHASE THAT REAL PROPERTY DESCRIBED IN SAID AGREEMENT FOR THE PURCHASE PRICE OF $280,000 AND UPON WHICH THE CITY AGREES TO ACCEPT A DONATION OF THE DIFFERENCE BETWEEN THE PURCHASE PRICE AND THE APPRAISED FAIR MARKET VALUE OF SAID REAL PROPERTY IN THE AMOUNT OF $80,000 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 ~17, Series of 1985, on first reading; seconded by Councilman C011~ns Mayor Stirling asked if the title work has been done. City Attorney Taddune said this ordinance will get the process started, Mayor Stirling recommended that the earnest money goes into a trust. Mayor Stirling asked if there is a right of reverter on the property. Taddune said he will have to review the documents. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #3, 1985 - Contract to Purchase Animal Shelter Councilwoman Walls moved to read Ordinance #3, Series of 1985; seconded by Councilman Knecht. All in favor, motion carried ORDINANCE ~3 (Series of 1985) AN ORDINANCE APPROVING THE TERMS OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ASPEN AND STEVEN SHUBERT FOR THE SALE OF THE ANIMAL SHELTER BY STEVEN SHUBERT TO THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEmeNT ON BEHALF OF THE CITY. Councilman Knecht moved to adopt Ordinance #3, 1985, on first reading; seconded by Councilwoman Walls. Councilman Collins said the staff had prepared a memorandum on cost comparisons and different ways of approaching the animal shelter. Councilman Collins said he questions the city going into this type of business, and would like to see that the cost efficiencies! actually exist. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Collins, nay; Knecht, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #15, 1985 Pisten Bulley Contract Councilman Blomquist moved to read Ordinance #15, Series of 1985; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE $15 (Series of 1985) AN ORDINANCE APPROVING AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND JINCO LEASING CORP., SETTING FORTH THE TERMS AND CONDITIONS FOR A LEASE OF A PISTEN BULLEY SNOWCAT BY THE CITY OF ASPEN FROM JINCO LEASING CORP AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Blomquist moved to adopt Ordinance #15, Series of 1985 on firSt reading; seconded by Councilman Knecht. Dunaway why city always goes same leasing company and does the city Bil asked the with the get bids. Assistant City Manager Mitchell told Council the finance department received a number of bids and Jinco was the lowest. Roll call vote; CounCilmembers Collins, aye; Knecht, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye. Motion carried. Regular Meeting Aspen ~lty ~ouncl± Aprl± ~, ORDINANCE 416, 1985 - Historic Designations Mayor Stirling stepped down for a conflict of interest. Councilman Knecht moved to-read Ordinance #16, Series of 1985; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE 416 (Series of 1985) AN ORDINANCE ACCORDING TO SECTION 24-9.7 OF THE ASPEN MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, FOR DESIGNATION OF HISTORIC STRUCTURES WHICH ARE LISTED IN THE INVENTORY OF HISTORIC SITES AND STRUCTURES FOR THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Blomquist moved to adopt Ordinance #16, Series of 1985, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Walls, aye; Blomquist, aye; Collins, aye. Motion carried. 7th PENNY SALES TAX RESCISSION Assistant City Manager Mitchell recommended to Council to direct the city attorney to draft an ordinance to rescind the city's 7th penny sale due to the passage of H.B. 1221. During the consolidation of transportation studies, it was contemplated the city would rescind their tax by ordinance. Councilman Blomquist moved to direct the city attorney to prepare an ordinance for the rescission of the city's 7th penny sales tax contingent upon enactment of house bill 1221; seconded by Councilwoman Walls. Councilman Collins said it would be prudent to put this issue to a vote of the electorate. Mayor Stirling agreed it should have gone on the May ballot to resolve the issue but is not in favor of holding a special election at extra cost. All in favor, with the exception of Councilman Collins. Motion carried ORDINANCE 412, 1985 Sport Stalker Agreement Mayor Stirling opened the public hearing. Danny Abbott told Council he has had the vending machines at the golf course for the last six years and would like to keep the vending operations. Abbott said this agreement would preclude his vending machines. Abbott said they also have the airport contract. Mayor Stirling said he is concerned about the small businesses losing out when a larger contractor comes in. Mayor Stirling asked Abbott if he would be willing to give the city 15 percent of the gross, leave the pop at the same price. Abbott said he would be willing. Mayor Stirling asked if he would provide a change machine beCause asking the pro for change seemed to be a complaint. Jim Holland, parks direCtor, told Council he has negotiated this contract with the Sport Stalker for a total package of service at the golf course. The Sport Stalker has made arrangements to provide machines at the golf course. Holland said this arrangement will be better financially for the city. Councilman Blomquist suggested offering both parties an opportunity to bid on this service and have this as a separate contract. Councilman Knecht said this is an important contract and Holland has worked hard on it. Councilman Blomquist moved to table Ordinance ~12, 1985, until this problem is resolved; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht. Motion carried. ORDINANCE 413, 1985 - Supplemental MEAN Agreement Mayor Stirling opened the public hearing. Richard Duxbury, MEAN, said this contract is a follow up of the original contract. A new transformer will be put in this summer and this contract outlines how the payments will be allocated between the city and Municipal Energy Agency. This contract also takes into account the Ruedi power which will start this summer. Duxbury said the total cost of power~i to Aspen from MEAN since this started has been $475,000. Based on some calcUlation, if Aspen had purchased power from PSCo~ the cost would have been $645,000. Aspen's peak demand is down slightly over the projections. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #13, Series of 1985, on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Knecht, aye; Walls, aye; Blomquist, aye; Mayor Stirling, aye; ORDINANCE #10, SERIES OF 1985 - Housing Price Guidelines Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance 410, Series of 1985, on second reading; secondedl by Councilman Blomquist. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Blomquist aye; Walls, aye; Mayor Stirling, aye. Motion carried. POPPIES BISTRO CAFE REPORT City Manager Schilling said he and the staff have been with Poppies attorney, and there is a disagreement about what extensive remodelling means regarding the need for additional restroom facilities. This has not been resolved but agreed it is appropriate to extend the liquor license 90 more days to try and resolve this problem. Councilman Collins moved to extend the liquor license 90 days; seconded by Councilman Knecht. All in favor, motion carried. SIGN CODE REPORT Assistant City Manager Mitchell told Council he has discussed this with Gaard Moses who indicated he will be ready for the May 13th agenda. CONSENT AGENDA Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Blomquist. The consent agenda is (1) liquor license renewals - Red Roof; Crystal Palace; Housing Authority Appointments - Harry Truscott 3oint; Jim Mollica, city. All in favor, motion carried. ASPEN MOUNTAIN LODGE FINAL PUD Mayor Stirling said at the last work session, Council discussed the site development plan and the proposed phasing of the Aspen Mountain Lodge, the previous actions of P & Z, and Council's role. Ron Ncrby, Hensel Phelps construction, told Council the construction needs to start early enough in the spring so the work can continue through the winter. The Aspen Mountain Lodge pro~ect would like to start excavation now and get foundations in the ground. Mayor Stirling asked if this work would be coordinated with the lodge improvement district work. Joe Wells said during this summer they will be doing excavation work and will not be doing finish site work until the summer of 1986. Alan Richman, acting planning director, said in the final PUD agreement it will have clauses committing the applicant both financially and coordination with the lodge improvement district. Councilman collins said these two pro~ects should be meshed now. City Manager Schilling said the deadTine for bond counsel proposals was today, and the staff will report back to Council at the next meeting. The staff will proceed with request for proposals for design engineers, which will be back to Council in June. The district will be formed, the project will be bid and the bonds will be sold, and construction should be in 1986. Mayor Stirling asked how the multi-year allocations will be affected by the proposed phasing. Richman said the phased program brings all 447 units up front. Richman said the proposed work at the Continental will remove 20 units, and it should be insured that the total number of units on the building permit and an operation matches the allocation. Larry Yaw, architects, pointed out the architectural spirit of the building remains and all roofs meet the 42 foot criteria. Yaw said this design creates several building elements and previously were connected by bridges, which have been taken away. Mayor Stirling said there is concern about the service approach on Monarch street. Yaw showed an enlargement of the proposed service area. Councilman Blomquist asked if the service entrance could be moved on to Mill street. Yaw said they have made the turning radius and movement area to accommodate the largest truck the highways will allow. The trucks will approach the hotel along Monarch or Dean and back into the loading area. Mayor Stirling said the P & Z, in their review, said the city should maintain the road west of the hotel in a more adequate fashion. This is a ~ steep road and this intersection is difficult. Yaw said this service entrance is connected to the conference center, to the main kitchens, and employee areas. Yaw said the service entrance sets in motion a lot of relationships in a hotel. Mayor Stirling asked about locating the service entrance on Dean street. Yaw pointed out the primary entrance to the hotel is on Dean street. Yaw demonstrated the circulation and underground garage. Councilman Blomquist said he would like the applicants to design some alternative solutions to the service entrance. Doug Graybeal said the way the service entrance, entrance are designed around the conference center. Councilman Blomquist said there should be a way to ~internalize the negative impacts of this project. Jim Delman, representing the Mountain Queen, said it appears there are adjacent landowners who may not have received notice of the preliminary public hearing. Delman said Monarch i street has a steep grade and a narrow arrow. Delman said trucks and commercial vehicles will cause great inconvenience to the residents of that area. Delman Said besides the safety factors, there is no~se and air pollution. Delman said the applicant does not want to impact his own entrance. Delman read a petition that was circulated, expressing objection to the Aspen Mountain Lodge PUD, specifically the service yard and receiving area with access on Monarch street. This petition is signed by landowners owning property on Monarch street. Herb Klein, representing Aztec owners, said th~ issue of the notice is important because appearing at final plat is somewhat late. Klein said trucks will be lining up waiting to get into the service area. Klein said this residential neighborhood cannot accommodate the service area from a traffic standpoint, and should not be forced to accommodate this from an environmental point of view. Yaw said they anticipate less than two vehicles at one time. Graybeal told Council the transportation consultants have done a study on the frequency of delivery. Fred Smith said he perceives an 80 foot curb cut and well as this service entrance being right on the property line. Ron Erickson, Mountain Queen resident, said in the winter, Monarch street is further narrowed by snow and one car can barely get through at a time. Erickson asked if the city planned on making Monarch no parking in a residential area. Margie Brenner, manager of the Caribou, said a large number of units in this area are not rented but are long term residential. Ms. Brenner said several times last winter she witnessed trucks not being able to make it up Monarch because of the grade. Brad Emmerick, manager of the Dolomites, said his biggest concern are the pedestrians on this street. Alan Bush, Silver Shadows, told Council he contacted some of the owners and all are adamantly opposed to this service area. Besides all the other concerns mentioned, the visual impact to this area would be undesirable. Bush said he cannot conceive any way a truck could back around this corner without causing traffic hazards and congestion. Bert Hallaber said this plan will be making the traffic on Monarch street quite heavy. Bob Hart said he is concerned about the traffic and congestion on Monarch. This plan requires large trucks to back up into traffic on a public street. There ought to be a place on the development whsre the trucks can back up on private property. Regular Meeting Aspen C15y ~ouncm~ Beth Pritchard, Mountain Queen, agreed with the concerns and that there should be another alternative. Pat Smith, Aztec, said this service plan as presented is presented for ideal situations. Klein said if the city removes parking on Monarch street, it ought to be replaced somewhere. Richman said P & Z was concerned about skiers parking all day on Monarch and was not suggesting removing the parking but having timed parking in this area. Richie Cohen pointed out that these condominiums in the area have off-street parking so the parking problems on the street is indicative of a city,wide problem. Joe Wells distributed site plans of every major submittal of this project to date, the first applica~ tion was filed in September 1983. Wells pointed out in all 5 submittals the service yard has been in the same location. Wells said the city and applicant have been discussing this project for 18 months and has demonstrated willingness to solve problems and to respond to issues. Fred Smith said Council is being requested to approve a PUD, and one of the requirements of a PUD is that it achieve a beneficial land use relationship with the rest of the community. Smith said there is a plan in the planning office showing the serve'ce entrance on Dean street. Mayor Stirling said the next issue is the height of the hotel. Wells said the height limit as adopted stated it was to the midpoint of the roof, the type of roof was not specified~ Ralph Melville said this project may be beyond the meaning of Aspen and not what people are looking for. Alan Novak, representing the applicants, said the community made an emotional leap a year ago saying this project is something the community needs and to get the community to be a first class resort. Novak said a hotel cannot be built without a service function. The conference center is on Monarch street and needs the service function close by. Mayor Stirling said this project will be on Council's agenda April 15 and 22nd. Richman said the final PUD agreement still has a long way to go. Fred Smith brought up the snow falling off the roof problem and the snow will slide into the street and sidewalk right-of-way. Eraraerick said he is in basic favor of the concept of the hotel, but there are some problems that need to be dealt with. Councilman Knecht moved to read Ordinance ~14, Series of 19857 seconded by Mayor Stifling. All in favor, motion carried. ORDINANCE #!4 (Series of 1985) AN ORDINANCE VACATING THOSE PORTIONS OF DEAN STREET LYING BETWEEN SOUTH GALENA STREET AND MILL STREET AND BETWEEN MILL STREET AND MONARCH STREET ALL OF LAWN STREET, A 4,692 SQUARE FOOT PORTION OF SOUTH GALENA STREET, AND TWO (2) PORTIONS OF MILL STREET CONTAINING 2,685 SQUARE FEET AND 1,065 SQUARE FEET, RESPECTIVELY, ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Councilman Knecht moved to adopt Ordinance #14, Series of 1985; seconded by Mayor Stifling, Roll call vote; Councilmembers Collins, nay; Knecht, aye; Walls, nay; Blomquist, nay; Mayor Stirling, aye. Motion NOT carried. Councilwoman Walls said these street vacations go along with the problems with the loading area, and the problems should be solved first. Novak said the applicants will meet with the architects to see if the service entrance problem can be resolved. Mayor Stirling said this ordinance should be allowed to move to second reading, and if the problem is not resolved by second reading, they can vote the ordinance down then. Councilman Blomquist moved to reconsider the previous motion; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Walls and Collins. Motion carried. Councilman Knecht moved to adopt Ordinance ~14, Series of 1985, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Collins, nay; Walls, nay; Mayor Stirling, aye. Motion carried. Councilman Knecht moved to continue the meeting to 4 p.m. April 12, 1985; seconded by Councilman Collins. All in favor, motion carried. Council left Chambers at 10 p.m. K , City Clerk Special Meeting Aspen City Council April 17, 1985 Mayor Stirling called the special meeting to order at 5:10 p.m. with Councilmembers Walls, Blomquist, Knecht and Collins present. Councilman Blomquist moved that crashing into a tree is prima facie evidence of reckless skiing; seconded by Councilman Collins. All in favor, motion carried. Mayor Stirling said Council had previously worked through A through D in Section 2 and need to deal with deed restricting 30 parkings spaces on Aspen street and to recommend the skiing Company allot 46 parking spaces to be built in a parking facility. Mayor Stirling said he feels the 30 parking spaces should be eliminated as it is a sort of downzoning. Mayor Stirling said he would rather have th~ flexibility for future parking or transportation. Mayor Stirling said the city, the downtown business community and the Aspen Skiing Company share the responsibility for the parking problem.