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HomeMy WebLinkAboutminutes.council.19850624Regular Meeting Aspen City Council June 24, 1985 Joint Meeting with County Commissioners. Mayor Stirling called the meeting to order at 4:10 p.m. with Councilmembers Fallin, Walls, and Isaac and Commissioners Madsen, Child Blake, Kinsley, and Klanderud present. 1. Club 20 Report. Bill Cleary, president of Club 20, told the Boards they are 32 year old organization of western Colorado counties, communities, industries and individuals dedicated to economic stability and orderly development. Club 20 started to speak as one voice to the highway commission, then went into tourist promotion, economic develop- ment, agriculture, transportation and natural resource issues. Club 20 is currently working on agriculture, after a two day workshop suggested alternative produce, processing. There is produce being grown in western Colorado and there is a processing plant. Club 20 is continuing to go to 6 travel shows to promote tourism and western Colorado. Club 20 is interested in manufacturing for the western slope. Cleary told tbs Council Club 20 has adopted a water policy of compensation one for one, and continues to be involved in negotiations with the Colorado River District. Cleary said they have been told western Colorado might become a place ro attract actives retirees.~ Jerry Kempf said Eve Homeyer has been this area's representative for years but will need a replacement soon. Cleary told the Boards Club 20 became active in working on a proqram to develope Walker field as a gateway to western Colorado, and targeted Southern California and Texas. Cleary said he feels they achieved some success last winter and will continue to work in that area. Cleary said Club 20 makes annual appearances before the highway commission to support the 20 counties in western Colorado. Mayor Stirling suggested sending the resolutions regarding highway 82 and Amtrak to Club 20. Councilwoman Walls said four-laning highway 82 is a very important issue, and any help from Club 20 would be appreciated. Kempf told the Boards the next meeting of Club 20 will be September 13 and 14 in Montrose. 2. Northwest Colorado Council of Governments. Larry Pearson, executive director, told the Boards COG is funded by its membership and likes to find out what zs of interest to the membership to try and help and serve them. Pearson said some members feel COG should take a more active role in lobbying the legislature. COG does follow the water quality and water resource issues. Pearson told the Boards the front range are eligible for more funding programs, and Pitkin County should be focusing on state highway funds. The COG Board has been looking at transportation issues, like state highway 40, supporting Amtrak. Madsen said COGs two major issues are senior services and economic development. COG is also working on a business loan committee. Councilwoman Fatlin asked if COG will be doing anything about anti-trust. Pearson said they have hired a new attorney who will be reporting on this. 3. Joint Maintenance Facility. City Manager Schilling said at a previous joint meeting, Chuck Carleton made a presentation about a study to determine the feasibility of a joint maintenance facility. The consensus of Council and the Commissioners was not to become involved in a sols source approach for this study, but to have requests for proposals. The city and county both committed funds for the study, the Town of Snowmass committed to help but not participate financially. S%owmass is going ahead with their own mainten- ance facility. Schilling told the Boards a committee was formed to draft an RFP. The only proposal received was from that firm that was originally proposed as the sole source vendor. Schilling said although he favors request for proposal process, there zs nothing wrong with sole sources and in some cases it is appropriate. Schilling told the Boards it was concluded the best approach would be to go back to a more wide spread process including advertising and solicitation of firm. Schilling said John Eldert, county manager, has some concerns with the urgency of this process. The committee had set a dealine for recen~ of proposals by the middle of July. Eldert said time was of the essence to have some influence over whether Snowmass would participate in a joint facility, since then the county has received notice from the F.A.A. the county cannot proceed with the airport mmprovements until they present a plan 4o remove the road and bridge facility off the airport. It was recommended to send the proposals to three national firms, and the committee was asked to recommend any firms they knew of that may be interested. The bids went out to three firms, and one response was returned. Eldert said Snowmass ~s willing to participate as long as the city and county keep up with their timing. Eldert said there is an opportunity if this proceed expeditiously to give Snowmass information whether it would be mn thezr interest to participate in a joint facility or not. If the study is delayed, the opportunity will be lost to have any role in Snowmass's decision. Eldert told the Boards the county only found out last week there zs a problem with the F.A.A. who will not grant funds to the county until they are in receipt of a replacement plan for the road and bridge facility. With these timing problems, Eldert asked for approval to award the contract to the only firm that bid. Mayor Stirling said there was time for the process to have had more than three bids. Commissioner Blake said this is a $10,000 contract; there is some timeliness, and the proposal was sent to three firms, and the county decided they would like to move ahead. Commissioner Klanderud pointed out there was a competitive process and only one firm responded. Councilman Isaac asked if the firm is qualified and how soon do they plan to start. Bruce Vandergraw told the Boards the firm is ready to start on notice, and their proposal meets all requirements of the original RFP. Mayor Stirling moved to put this on the Council agenda. Motion DIES for lack of a second. Councilman Isaac moved to approve funding for this consulting firm for the maintenance facility; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stirling. Motion carried. 4. Animal Control Service Agreement. Assistant City Manager Ron Mitchell said this is part of the city's process in purchasing the animal shelter. The city will have a service agreement with the county to get out of the joint department. The agreement has been reviewed by both staffs and staff recommends approval. Mithcell told the Boards the list of services to the county is based on their current service. Commissioner Madsen said he hopes the public sector does not get into the private business of kenneling dogs. Mitchell said the city will provide public boarding, which will help finance the shelter. Councilwoman Fallin said she does not feel the city should be in a business that competes with private enterprises. Mitchell said he has had no offers for people to sub-lease this business. Jim Adamski told the Board it is difficult to board animals in Aspen. Council requested the kennels be discussed at a later time. Commissioner Child said the county has a "for fee" response in the county in developments, and in the future the Boards will have to decide where those revenues should go. Commissioner Madsen moved to approve the contract; seconded by Commissioner Klanderud. All in favor, motion carried. Councilwoman Walls moved to approve the contract; seconded by Councilman Isaac. All in favor, motion carried. Commissioner Kinsley moved to go forward with the ]oint facility contract; seconded by Commissioner Klanderud. All in favor, motion carried. .~ ..... .,==u~**~ Aspen city Councl£ June 24, 1985 MINUTES Councilwoman Walls moved to approve the minutes of May 13, 20, 1985; seconded by Mayor Stirling. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilwoman Walls said she went to the Wheeler to see a play, and people had trouble concentraing because it was so hot. Councilwoman Walls asked if the city could install ventilation into the theatre. Councilman Collins said there is air handling equipment in the Wheeler. Mayor Stirting said he talked to Bob Murray, who is seeking a private benefactor to give an air conditioning system to the Wheeler. Mayor Stirling asked the staff to follow up on this. 2. Councilwoman Walls said there are bicyclists riding against traffic, riding on sidewalks, and riding in the mall, Councilwoman Walls asked that the police department start ticket-~ ing people as it will only get worse if the city does nothing. 3. Councilwoman Walls pointed out the Council voted to do a pay equity study two years ago, The study was finished in May and there were problems with it, and Council has not heard anything since then. City Manager Schilling said he will solidfy the study this week, go over it with staff, and present it to Council in July. 4. Councilman Collins said at the last meeting, he was asked about buses idling at Rubey Park. Councilman collins spok~ with the manager of RFTA, who indicated these are diesel buses and have to be left running. These buses do not sit at Rubey Park more than 4 or 5 minutes. 5. Council scheduled P & Z interviews Monday July 1 at 3:30 pom. There will be a long range planning work session July 29 at 5 p.m. Assistant City Manager Ron Mitchell requested Council add to the agenda a report on arbitration of the employee housing unit. 6. Mayor Stirling told Council for the 1986 legislative tour for Colorado Association of Ski Towns, Aspen, Vail and Glenwood Springs made bids and Glenwood won. ELECTION OF MAYOR PRO TEM Mayor Stirling opened the nominations. Councilman Isaac nominated Charlotte Walls; seconded by Councilwoman Fallins. All in favor, motion carried. MUSIC ASSOCIATES OF ASPEN REPORT Ford Schumann said the committee of Councilman Isaac, Marty Flug and Fritz Benedict have been meeting. Schumann presented a resolution recommended by the committee for the city to adopt. This resolution states that the city recognizes the value of educational and not for profit performing and visual arts organizations to the community. The city recognizes that there is inadequate facilities for their needs, and that land has become a scarce resource and that the funding for facilitation may be beyond the scope of private means. The resolution further states that the city wishes to employ a nationally recognized consultant to present preliminary studies of optimum site and space requirements for a music school and festival, including classrooms, housing, rehearsal and performance facilitieS; alternate options; possible locations and interfaces with other organizations; ranges of funding required. The resolution states the city requests its finance director to maintain contact with the consultant to allow ranges of future funding requirements to be considered during 1986 budget preparation. The city authorizes the committee to select a consultant and to submit a recommended proposal as soon as possible and that the city allocates up to $30,000 for the consultant. Schumann presented a letter from Julian Binehard, president of the design conference, recommending consultants and listing four firms. The IDCA subcommittee that recon~mended the firms suggested they may be able to play some role in reviewing the consultants work. Schumann said M.A.A. faculty and administration met and adopted a resolution which states they support the statements expressed by Schumann in a letter of June 3, 1985, to the Council and Commissioners. The M.A.A. cannot underscore seriously enough the seriousness of the situation. The M.A.A. urges adoption of the above read resolution. Schumann said a letter was written to the Council in March 1984 asking that the city on behalf of its citizens take a leadership role in addressing the concerns of the M.A.A. Schumann said the M.A.A. is looking for a plan consistent with the needs of Aspen. Councilman Isaac told Council there was not total consensus of the committee of all items listed in the resolution. Councilman Isaac said he would like to get other arts groups involved in this study as there have been studies done for performing arts center, Ballet West. Councilman Isaac said it would be hard for Council to allocate $30,000 to the M.A.A. and not involve other arts groups. Councilman Collins agreed about the allocation. Councilman Collins said if this is going to be a broad scope study, it should include all aspects of performing and visual arts in the community, Councilman Collins said the city needs a program of what we are trying to achieve and then find out what it will cost. Councilman Collins said this could get out of control unless there is a definitive program and information of where this will go. Councilman Collins said he would like to have more information about what will be looked at and what the end result will be. Councilwoman Walls suggested this request come to Council during budget time when other arts groups are requesting funding. Councilman Isaac said the reason to bring this up now is so that the consultant can be on site during the summer while the music festival and other summer activities are going on. Mayor Stirling said if the M.A.A. does not know what they want, why spend money to study the broader issue. Mayor Stirling said he would like the M.A.A. what they want and why they want it. Regular Meeting Aspen Ulty ~ouncl± ou~ ~, ~;o~ Schumann said what the M.A.A. wants is contingent upon a study, where the facilities would be located, renovation versus new facilities, housing for students, a better performance facility, campus renovation, additional rehearsal facilities. Schumann said where they should be and how they interface with other activities is a key element and is not known. Schumann said he would like Council to charge the committee to provide the menu requested by Council, have discussions with other arts organizations, to explore with the list of consultants the possibility of being able to do a study this summer. At the same time, the city staff could explore what revenue sources there may be to do this study. Mayor Stirling said the Council cannot make a financial decision until they have that report; there is no money left in the contingency fund. Mayor Stirling suggested the M.A.A. or private sector pay for the consultant for this summer, and Council discuss funding the M.A.A. during budget time. Schumann said the M.A.A. is still soliciting money for general operations. Schumann said the M.A.A. is a total community concern and the cUltural future of Aspen. Councilman Isaac suggested the community keep working for the next two weeks, have the staff do a financial analysis, perhaps enlarge the committee. The county has appointed George Madsen to serve on the community. Mayor Stirling said he wants to hear from the committee what the M.A.A. wants and needs. The committee should concentrate on housing, some immediate solutions, dormitory housing, sites for the performances, future funding. Schumann said the M.A.A. is dedicated to maintain the quality of enterprise, and is recognized as a pre-eminent festival and school. Schumann said there are pressing capital needs, and the M.A.A. cannot afford everything. Schumann said a lot of various factors have to be explored in concert. Mayor Stirling said Arts West Aspen did a study on the capacity of the community to raise money, and that figure is $10,000,000. Councilman Isaac said the committee, in the next two weeks, will narrow the specifics they want the consultant to look at and will get a better figure on the cost. ORDINANCE ~35, SERIES OF 1985 - Clean Indoor Air Act Councilwoman Walls moved to read Ordinance ~35, Series of 1985, seconded by Councilwoman Fallin. All in favor, motion carried. oRDINANCE #35 (Series of 1985) AN ORDINANCE ENACTING A NEW ARTICLE IV TO CHAPTER 11 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, PROHIBITING THE SMOKING OF TOBACCO OR ANY OTHER WEED OR PLANT IN ONDOOR PUBLIC PLACES AS SET FOR THEREIN; PRESCRIBING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF; AND DIRECTING THAT CHAPTER 11 OF THE MUNICIPAL CODE BE REORGANIZED TO REFLECT THE DIVISION OF SAID CHAPTER INTO VARIOUS ARTICLES AND THE RENUMBERING OF THE GENERAL PENALTY PROVISION OF SECTION 11-4.1 TO 11-5.1 was read by the city clerk Councilwoman Walls moved to adopt Ordinance #35, Series of 1985; seconded by Mayor Stifling. Sharon Mollica said she approached Council in February about the need for a smoking ordinance and Council requested she get together with staff and the Clean Air Advisory Board to put together a no-smoking ordinance. Ms. Mollica said she reviewed other cities ordinances and their enforcement procedures. Ms. Mollica said two areas of this ordinance are different than other cities. The work place was not a big concern, so it was omitted from the ordinance but it could be added at a later date. Ms. Mollica said for the restaurant, separation by tables does not necessarily affect the air quality, and the only truly effective solution would be to use physical barriers. This would be costly and would cut down on seating capacity. The most practical conclusion was to call the bar/cocktail area smoking section and keep smoking out of the eating areas totally. The ideal solution would be to have commercial air ventilation systems wherever there is smoking in a public building. Ms. Mollica told Council the support for this ordinance has been overwhelming with over 1,000 signatures on a petition. John Walla, restaurant association, said the association feels that a 100 percent ban on smoking in restaurants is unreasonable, may be an undue restraint on fair trade, and not practical. Walla said the ordinance requires signing of the area, and the restaurant he manages would have to have three sign changes a day because the use of the area changes from lunch, cocktails and dinner. Walla said no other city has an ordinance calling for 100 percent no smoking. Walla said Aspen is not like other cities in that they deal with thousands of tourists. Walla requested the ordinance be tabled and put to a committee with the restaurant trade involvement, retail people, city staff and proponents of the ordinance. Councilwoman Walls suggested Council pass this ordinance on first reading and have the group work to come to a compromise agreeable to everyone. Walla said he would prefer to start over, this Ordinance will not work the way it is written. Councilman Isaac said he would like to see the restaurant association meet with the proponents of the ordinance and work out some of the details. Councilwoman Fallin said she would prefer to see the ordinance start over. Councilman Collins asked if there is a model law that has been court tested and sustained. City Attorney Taddune said he is not aware of one. Councilman Collins said he is concerned about the individual freedom on both sides of the questions as well as the restraint of traide issue. Councilman Collins said he would like to see more information on where this has been implemented and teSted. Councilwoman Walls said she would like this to go onto second reading and have both groupsl to work on the details of the ordinance. Councilman Collins moved to table the issue. Mayor Stirling pointed out there is a motion on the floor. Councilwoman Walls and Mayor Stirling in favor; Councilmembers Isaac, Collins, Fallin opposed. Councilman Isaac moved to table this until 8/12 giving the opponents and proponents time to work out some of the details and come back with a compromise; seconded by Councilwoman Walls. All in favor, motion carried. ~ ~-~u~ ~n ~lEy ~OU~Cll Oune 24~ 1985 SKI CLUB SITE City Attorney Taddune told Council this is one last item to be resolved before closing the Aspen MoUntain Lodge subdivision documents. The Ski Club has been looking at alternatives sites, and the present reservations facility seems to be the best. Council suggested scheduling this on the work session of July 1, 1985, at 7:00 p.m. Gideon Kaufman, Ski Club Board, told Council the lodge project needs a commitment from the Ski Club they are willing to move out of their present facility. The Ski Club is willing to give that commitment as long as they have a place to move. Councilman Collins asked for something in writing from the planning office for that session. ORDINANCE #8, SERIES OF 1985 - Smuggler Assessments Mayor Stifling opened the public hearing. Finance Director Sonfield said all points have been agreed to. The exhibit details how the payments are to be made monthly by the homeowners, the total payments due in one year will be divided by 12 to get the monthly payments. Ms. Sonfield said the city's interests are protected by this agreement. Brooke Peterson, representing the homeowners, told Council the delay was due to getting the schedule together with how the homeowners bill their monthly assessments. Peterson told Council the homeowners are pleased the city has assisted them in this manner. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #8, Series of 1985, on second reading subject to approval of the city attorney and bond counsel; seconded by Councilwoman Fallino Roll call vote; Councilmembers Isaac, aye; Collins, aye; Fallin, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #20, SERIES OF 1985 Specially Planned Area Amendments Alan Richman, planning director, reminded Council they have gone over this and recommended some changes. One is that accessory buildings and structures would trigger SPA review. Another change is to have a public hearing before Council at the conceptual review stage. Richman said there is some concern from the public about the city's growth management submission dates, which will need to be discussed by Council. Mayor Stirling opened the public hearing. George Stranahan, Physics Center, told Council they are concerned~with the long range future of the academics parcel of the Institute and the potential density, Stranahan said they are not opposed to an SPA but are concerned about the ultimate density on the Institute property. The density is undefined by this ordinance. Ramona Markalunas said this ordinance breeds uncertainty. The SPA is based on underlying zoning and much of the Institute property is zoned academic, and FAR requirements do not apply in the academiC area. There are no height limitations in the academic zoning. John Kelly, representing adjacent property owner, said the lack of density in the ordinance is vague. Jan Collins said the size of duplexes was brought up after the fact, the right to lot split was brought up, which also was an after the fact situation. Ms. Collins said people here do not want this situation to be after the fact and are concerned with density. Herb Klein, representing the Aspen Alps, said he is concerned that the amenities an SPA applicant could offer will obscure and justify densities that would otherwise be unaccept- able. Klein said he hopes Council will consider putting a density limit in this ordinance. Gideon Kaufman said two years ago, the Council determined the reason for concern about the SPA zone was that there were not enough guidelines to examine what would come forward in an SPA. This ordinance gives the Council, community and developer an opportunity to go through a conceptual and precise plan. Joe Wells, representing John Roberts Joint Venture who has acquired the Meadows site, told Council Roberts anticipates undertaking a plan for the site to accommodate some of the needs of the various users of the parcel. The main thrust of this two year procedure was to try to clean up some of the vagueness in the existing SPA regulation. The intent in this procedure was not to determine what might be appropriate on any particular parcel. Wells said due to the length of the process, Council might give an applicant the option of filing a GMP application separate from the precise plan, which is very time consuming. Mayor Stirling said the dates of submission will be discussed at a separate Council meeting. Mayor Stirling closed the public hearing. Councilwoman Walls moved to amend the ordinance in Section 24-7.4(b) to eliminate "minimum lot area per dwelling unit" as a variation in SPA; seconded by Councilman Collins. Mayor Stirling said if this is eliminated the Council would not have the flexibility to work with density for trade offs and getting the best for the people in town. Councilwomanl Fallin said if those words are eliminated, it takes away the ability to move density around on a site. Richman pointed out when Council is trying to get facilities and public needs that benefit the community, Council needs all the tools they can have for trade offs. Mayor Stirling said it is critical for Council to have flexibility or the community will not get the best project. Councilman Collins said density is a critical issue. Councilmanll Collins said he cannot speculate how more of anything fits the intent of this ordinance, which is design flexibility and innovation. Councilman Collins said this ordinance would open the door to a number of abuses. Councilman collins said developers manipulate and take advantage of these ordinances, and no one ever offers less density. Councilmembers Walls and Collins in favor; Councilmembers Isaac, Fallin and Mayor Stirling opposed. Motion NOT carried. Councilman Isaac moved to adopt Ordinance #20, Series of 1985, as amended from first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Isaac, aye; Walls, nay; collins, nay; Fallin, aye; Mayor stirling, aye. Motion carried. Councilman Isaac moved to direct staff to draw up an ordinance amending the Code to make public hearings consistent; seconded by Mayor Stirling. All in favor, motion carried. Regular Meeting ~spen u~y uounc~ ou~= ~, x~ou ORDINANCE %28, SERIES OF 1985 - Bonds for Electric Improvements Mayor Stirling opened the public hearing. Joe Barrows, Kirchner/Moore, told Council he has been dealing with MBIA to insure the bonds and will have an insurance commitment by June 25. Barrows recommended moving ahead because there may be some softening in advances~ of the interest rates. Barrows said this issue is close to 25/100 better than in the beginning, and this is a good rate for this particular issue. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance %28, Series of 1985, as amended on second reading; seconded by Councilwoman Fallin. Finance Director Sonfield said these funds are for mall lighting, city-wide lighting and undergrounding. Ms. Sonfield told Council staff has comPared these rates to other reofferings and they are favorable. The underwriters' fee is very favorable to the city. Roll call vote; Councilmembers Fallins, aye; Collins, aye; Isaac, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ORDINANCE %29, SERIES OF 1985 - Appropriations Mayor Stirling opened the public hearing. Councilman Isaac moved to droP the trolley car study of $2500 from this ordinance; seconded by Mayor Stirling City Manager Schilling said Council needs to examine the trolley system in its entirety; the $4500 for relocating the trolleys and weatherizing them, whether Council wants to finish the study to have data to take to the voters, there have been requests from people to acquire or lease the trolleys. Schilling told Council there is a trolley committee which has studied the routes, the feasibility of the trolleys. Councilman Collins pointed out Council committed this money to the trolley committee and before the money is retracted the committee should have the opportunity to present their case to Council. Schilling said there was a study done 3 or 4 years ago, and the trolley committee proposed to have the trolley expert who did the original study to update this study to give precise figuresl on what the system Would cost. Schilling told Council the trolley master plan was relatedl to the parking structure at the Rio Grande. All in favor, with the exception of Councitmembers Collins and Walls. Motion carried. Councilman Isaac moved to adopt Ordinance %29, Series of 1985, as amended; seconded by Mayor Stirling. Roll call vote; Councilmembers Collins, nay; Fallin, aye; Walls, nay; Isaacy, aye; Mayor Stirling, aye. Motion carried. Councilman Collins about about the $4500 allocated for relocating the trolleys. Schilling said this haS been appropriated but the trolleys have not been moved. Schilling said ~ Council needs to make a decision on whether they want to keep the trolleys, sell them, lease them. Mayor Stirling requested this be brought back to Council in July. ORDINANCE %32, SERIES OF 1985 - Kirchner/Moore Short Term Loan Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance %32, Series of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, aye; Fallin, aye; Collins, aye; WallS, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #33, SERIES OF 1985 - Artists Studios in S/C/I Zone Alan Richman, planning director, told Council this is a private code amendment to add artists studios with optional accessory dwelling units as a permitted use in the S/C/I zone. Richman said the intent of the S/C~I zone district clearly supports the addition of the term artists studios as permitted use. At first reading, there appeared to be positive feeling among Council that optional accessory dwelling units also be added as a permitted use. The P & Z reviewed this, and recommended that the optional accessory dwelling unit be a conditional use rather than permitted. Richman told Council the planning office supports residents as accessory and permitted use. Richman suggested if Council agrees about residents in S/C/I zone, that the ordinance be amended to add artists studios with accessory dwelling units as a permitted use. Richman said the ordinance should have a new section because the intent of the S/C/I zone district specifically refers to residences as conditional uses. Mayor Stirling opened the public hearing. Gideon Kaufman said there are important reasons for haVing permitted uses rather than conditional uses. Long term financing becomes more difficult when a conditonal use is involved. Mayor Stirling said one of P & Z's concern is whether this would give up space that is a potential use that would deny the community. Jere Rood told Council artists are having a hard time finding places to live that they can afford. Terry Rose said in order for artists to create, there should be the opportunity to have a secure studio and living environment. Sarah Pletts told Council she has been looking for a studio for two years, found this building and felt it was perfect. Ms. Pletts said the S/C/I zone is ideal for professional artists studios with the large open industrial type spaces. Ms. Pletts told Council this idea of residences in the S/C/I zone was opposed two years ago, and the planning office has written a memorandum that the property was on the market for over two years and did not attract enough interests in S/C/I uses. Ms. Pletts said this kind of artists studio/residences exist in many other communities. Ms. Pletts told Council there are five working artists in the building, and would like an ethical and financial commitment long term to these artists. Susan Michael, president of the Arts Council, Aspen appreciates artists and makes room for creative people. These artists have committed to Aspen and have committed to a financial risk. Aspen ~lty Council June 24, 1985 Ms. Michael said a long term financing need is critical to the artists staying in Aspen. Mayor Stirling closed the public hearing. Mayor Stirling said he had a conflict of interest. Councilman Isaac moved to adopt Ordinance #33, Series of 1985 as amended with optional accessory dwelling units as permitted use; seconded by Councilwoman Fallin. Councilman Collins asked if there are other S/C/I areas available. Richman said the Obermeyer/Sears area and the Mill street building. Roll call vote; Councilmembers Isaac, aye; Collins, aye; Fallin, aye; Mayor Pro Tem Walls, aye. Motion carried. WEED CONTROL DISTRICT Mark Fuller said he is working on organizing a special weed district, the boundaries of which are not yet determined. Fuller asked Council for moral and financial supporn for this district. The county has contributed $5,C00 and PCPA has contributed S2,000 and $1500 from various sources. Fuller said this is barely enough to fund a full time four month organizational efforn. Fuller said they will first develop a tentative work plan with budgets and boundaries for the district. They will survey landowners for interest in supporting this district on a long ~erm basis. Fuller said they will fulfill all statutory requirements to ge~ the district ready ~o implement nex~ spring. Fuller said the city will not be included in the district at first; he plans to start small where the need and interest seems no be the greatest. Fuller said a weed control district in the county will act in the city's benefit. Fuller told Council the Commissioners have passed an ordinance, and they want the district to incorporate an integrated weed plan with special emphasis on non-chemical methods of weed control. The county is putting money into this organization effort, which will result in a self-funded operation. Fuller told Council there will be an advisory board to this district, who will be appointed by the Commissioners. Fuller told Council there are a number of weed control districts in the agriculture areas. Fuller told Council the district is formed by a vote of the property owners within the boundaries. Mayor Stirling said he concerned about a proliferation of special districts, but is also concerned about thistle control. Fuller said weed control is widely disbersed and harder ~o handle. Fuller said the decision on whether to be taxed for a district will be in the hands of ths property owners, not be elected officials. This step is fundamental organization. Fuller said th.e city and county have been struggling with weed control for years, and a district is the only viable format for an organized approach to weed control. Fuller said the problem is exacerbated by absentee ownership. Mayor Stirling said the city's properties at the golf course and Marolt/Thomas properties have a thistle problem and asked if theses properties could be part o~ the weed control district. Fuller said the boundaries can be drawn any way. Councilman Isaac said this is a county responsibility they have not fcllowed up on, and they are now coming to the city asking for help. Fuller said the county has not met all its responsibilities but there are problems with lands the county manages and adjoining private lands. The county does not have the authority to treat private lands, only a weed district does. The solution is to create a new mechanism to deal with the weed problem. Councilwoman Wall said she would only favor this if the city's properties are included. Councilwoman Walls moved ro allocate $2500 not spent on the trolleys to the weed district, urging that part of the city's jurisdication be included in the district; seconded by Councilwoman Fallin. Councilman collins said he is opposed to forming more special districts. Councilwoman Walls pointed out the district would non be formed without a vote of the property owners. This is not forcing anything on anyone. Councilwoman Walls said the county has no way to raise any more money because of the limit on the mill levy. All in favor, with the exception of Councilman Isaac and Mayor Stirling. Motion carried. CONCEPTUAL PUD - Agate Court Council scheduled this at a work session July 15 at 7:15 p.m. and then schedule it for a future Council meeting. CURTON CONDOMINIUMI ZATION Steve Burstein, planning office, told Council nhis is a request to condominiumize a duplex at the end of West Francis street. Burstein told Council a concern ~n condominium±zation is not to reduce the supply of moderate income housing. Burstein said when this project received a GMP exemption, it was conditioned on one unit being deed restricted middle income housing. The applicant has a deed restriction and agreement, which has been approved by the housing authority. The planning office recommends approval with three conditions. Burstein told Council a revegetation plan has been worked out with the engineering depart- ment. Doug Allen, representing the applicant, told Council they have the required number of parking spaces; how these are allocated among the units is not a legitimate concern of the engineering department. Allen said he would like to see that condition deleted from the engineering memorandum. Councilman Isaac moved no approve the Curton condominiumization subject to the 3 conditions outlined in the planning office memorandum of June 24, 1985, deleting the reference to parking; seconded by Councilman Collins. All in favor, motion carried. Regular Meeting Aspen ~l~y uouncl~ ~un~ z~, x~ ROARING FORK EAST NEIGHBORHOOD MASTER PLAN Glenn Horn, planning office, suggested this item be pu~ off until Council has time to devote 30 minutes to it. Mayor Stirling suggested July 22, 1985. Councilman Isaac said in this report, he would like a recommendation that the trails be kept to the highway side of the North Star ranch area rather than the mountain Side because of the impact on the wildlife. Horn told Council the county and city P & Zs recommended North Star be managed in the future as it has been in the past until a management plan can be developed. LONG RANGE PLANNING BRIEFING Glenn Horn, planning office, told Council in January, Council and ~ &. Z established 9 long range planning elements to make up the comprehensive master plan and set priorities for these elements. Also, some urgent planning issues and concerns were identified. Horn said growth policy has been dealt with, the staff ~s concentrating on parks, recrea- tion, open space and trails. The staff has a plan almost complete, which the Council needs to review. There are concept plans for some of the city's properties. Historic preserva- tion is on hold until the new planner gets started. The staff has applied for a grant to get funds to work in the area of historic preservation. This money could form an historic district, could get technical assistance in preparing guidelines for historic preservation or get technical expertise in preparing the historic element of the plan. Horn said the staff is coordinating work on annexation. The largest task for the future is land use and public and institutional facilities. The Council and staff have worked hard on the development of a preferred plan for the entrance to Aspen. The parks site plans have been completed. Work has begun on the parking plan. RFTA is in the early stages of developing a plan for Rubey Park, and the planning staff will help work on that. Horn said the staff wants to question the basic assumption of the community regarding land use and fill in the wall map with future development for lands in the city. DESIGNATION OF 8 LOCATIONS/CABLE TV . Mitchell~ Mayor Stirling asked what the criteria for these locations is. Assistant City ~anager/sam~ these should be within the city limits. Mitchell explained a bi-directional signal would allow direct broadcasting as opposed to making a videotape and is located within the cablel Si Coleman suggested there are some preferences among the sites, such as the library and courthouse. Council suggested dropping the jail, water plant and fire house. Coleman suggested a bi-directional location at the community cen~er. Mayor Stirling said these should be kept inside the city limits for now. Councilman Collins said he has received a number of complaints about the street cuts made by Canyon Cable. City Manager Schilling said the staff has contacted them; Canyon Cable corrected the work and now they have to correct it again. Mayor Stirling said he would like a status report on National public rado. Mayor Stirling moved to eliminate the jail, water plant and fire house; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~37, SERIES OF 1985 Excavation Fees City Manager Schilling told Council these fees were adjusted 5 years ago and costs have gone up in the interim. The staff is requesting a 14 percent ~ncrease ~n ~nspection fees. Councilwoman Walls moved to read Ordinance ~37, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE =37 (Series of 1985) AN ORDINANCE REPEALING AND REENACTING SECTION 19-49 OF THE ASPEN MUNICIPAL CODE PROVIDING NEW FEES FOR EXCAVATION PERMITS AND PAVEMENT EVALUATIONS was read by the city clerk Councilwoman Walls moved to adopt Ordinance ~37, Series of 1985, on firsn reading; seconded by Councilwoman Fallin. Mayor Stirling said he is not interested in building in automatice increases at the director's discretion. There is a need for citizen appeal and public hearings. Roll call vote; Councilmembers Walls, aye; Collins, aye; Isaac, aye; Fallin, aye; Mayor Stirling, aye. Motion carried 1985 LAND FUND CAPITAL IMPROVEMENTS Sheree Sonfield, finance director, reminded Council staff has given them several alterna- tives for the capital improvement program. Council approved one alternative including $763,000 from the land fund in 1985; $400,000 to be borrowed and $363,000 cash funding. Out of the $363,000, Council approved $63~C00 for the parks maintenance shop and only about $20,000 will be spent on the parks maintenance shop, freeing up $43,000. At the same time, staff was looking at the asset replacement fund, which is a governmental fund not mall and transportation. There were some items in the asset replacement fund which were for parks and mall expenditures. These items could be paid for by the extra $43,000. One advantage is that this would free up some money in the asset replacement fund and would be consistent with prior years. Councilman Isaac asked if the city could put off buying some of the listed items and fund the M.A.A. study. Ms. Sonfield said the M.A.A. funding would be appropriate out of the general fund or the real estate transfer tax. Ms. Sonfield said the asset replacement fund was started about 4 years ago because it was found that many assets were not being replaced. Once there was a plan, items were being replace, maintenance costs were lowered. Some of these items listed have been requested one or two years. Mayor Stirling moved to direct staff to fund appropriate parks and mall asset replacement items as described in the finance memo of June 18, 1985, from the land and mall/transpor- tation funds; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. 392? Regular Meeting Aspen City Council June 24, 1985 ORDINANCE ~36, SERIES OF 1985 - Appropriations Councilman Collins moved to read Ordinance ~36, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE ~36 (Series of 1985) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $1,500; APPROPRIATING GENERAL FUND EXPENDITURES OF $3,000; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $7,520 TO THE ICE GARDEN FUND; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUE OF $1,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF S1,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $280,000; APPROPRIATING GOLF COURSE EXPENSES OF $14~000; APPROPRIATING ICE GARDEN EXPENSES OF $7,520 was read by the city clerk Councilwoman Walls moved to adopt Ordinance ~36, Series of 1985, on first reading; seconded by Councilman Collins. Roll call; Councitmembers Fa!line, aye; Isaac, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. CEMETERY LANE EMPLOYEE HOUSING UNIT Assistant City Manager Mitchell told Council the arbitration hearing was last week and they ruled in favor of Penne, Horn Davis' request that the appreciation be a~ the Denver price index for all urban consumers. Mitchell told Council a member of the engineering department is interested in buying the unit. Mitchell requested Council authorize him to exercise the option to close on the unit in the next 60 days and transfer it from Penne, Hcrn Davis to Elyse Elliott. Councilwoman Walls moved ~o authorize Mitche~ to exercise the option on the Cemetery Lane duplex in the next 60 days and transfer it from Penne, Horn, Davis to Elyse Elliott; seconded by Councilman Isaac. Mitchell told Council the city has until June 27 to exercise their option, and if they do not, Penne, Horn, Davis can select a qualified employee and the city would not be in a position to require the purchaser be a city employee. These units were originally designed to provide to provide housing for key city employees, nor would the city be in as strong a position to negotiate a contract. David Eisenstein, representing Chris Marsh, told Council his client is interested in buying the unit and there are people in the community trying to find permanent housing. Glenn Horn said the city should clear up the ambiguity in the contract that lead 5o this dispute over the appreciation rate. Mayor Stirling said he does not feel this unit should be limited only to city employees. All in favor, with the exception of Mayor Stirling. Motion carried. CONSENT AGENDA Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is (1) Special Even~ Permits Eagle's Club; (2) Request for Expanded Premises - Eagle's Club; (3) Liquor License Renewal Paragon. All in favor, motion carried. Councilman collins moved to continue this meeting ~o July 1, 1985, for an executive session at 3:30 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Council left Chambers at 9:35 p.m.