Loading...
HomeMy WebLinkAboutminutes.council.19870126` Regular Meeting Aspen City Council Januarv 26. 1987 CITIZENS COMMENTS 1 COUNCILMEMBER COMMENTS 1 ORDINANCE #3, SERIES OF 1987 - Purchase Contract - Anderson 3 ORDINANCE #38, SERIES OF 1987 - William Addition Annexation 3 RECREATION COMPLEX FUNDING MECHANISMS 4 ORDINANCE #1, SERIES OF 1987 - Lodge Improvement District 7 CCLC SIGN PROGRAM 12 COMMUNITY SERVICE AGREEMENTS 13 REQUEST TO USE CITY PROPERTY - Circus Flora 14 SUBDIVISION EXCEPTION - Dunn/Bishop 16 SUBDIVISION EXCEPTION - Sunny Park North Lot 7 16 VENDORS CONTRACT - Thirstbusters 16 BURNT MOUNTAIN EIS REPRESENTATIVE 17 INCREASED HEALTH INSURANCE BENEFIT 17 CONTRACT APPROVAL - City Hall/Gibson Reno 18 ASPEN MOUNTAIN LODGE PARKING LOT 19 SISTER CITY - DAVOS 20 BOARDS AND COMMISSIONS APPOINTMENTS 20 22 Regular Meeting - Aspen City Council 7anua v 26; 19-87 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Collins, Isaac and Walls present. CITIZENS COMMENTS 1. John Howard, property manager for Coates, Reid & Waldron, told Council they have been operating a free shuttle services for the guest s of Chateau Eau Claire and Roaring Fork condominiums for the last 12 years. This is a red and white surrey towed by a jeep. Howard told Council the shuttle has 1 invited hours of operation, runs on a specified route to Rubey park and back and i s kept at a speed of 15 miles pe r hour . Howard said there have been no incidents or accidents involving this shuttle, and it is covered by their insurance company. Howard told Council recently they have been informed by the Colorado State Patrol it is against the law to allow passengers in a towed vehicle. Howard said they were ordered to cease and desist until such time as a variance was shown or permission could be obtained from the city. Howard requested written permission from the city to allow them to continue the operation of the shuttle. Councilwoman Walls asked if Council has to give this permission or the police department can give written permission. Mayor Stirling referred this to the city manager. Councilman Isaac asked if there is a liability problem if the city issues a permit. Bob Anderson said he would investigate that. Mayor Stirling moved to refer this to the city manager; seconded by Councilman Isaac. Council is giving the staff authority t o give written permission for the shuttle unless there is a problem. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. City Manager Bob Anderson pointed out an additional item about the parking lot at the Aspen Mountain Lodge property has been distributed and requested this be added to the agenda. Counc il had asked that this lot be open for public parking. There is a problem with the liability issue and staff would like this added to the agenda. Councilwoman Walls moved to add this to the agenda as item VII (1); seconded by Councilman Collins. All in favor, motion carried. 2. City Manage r Bob Anderson said he and the Mayor Pro Tem Walls will be going to the Colorado Association of Ski Towns legislative meeting January 30th in Durango. 1 Regular Meeting Aspen Citv Council Tant~ary 26. 1987 3. Councilwoman Walls said she appreciates the street lights, they improve the appearance of the city. Councilwoman Walls congratulated staff on the program. 4. Councilwoman Walls solicited enforcement for the animal waste ordinance. Councilwoman Walls said she brings this up regularly and would 1 ike to see enforcement of this from the police department, animal control and traffic control departments, who could tell people they are responsible for cleaning up after their animals. City Manager Anderson suggested starting with some press announcements about this ordinance. 5. Councilman Isaac said he has had complaints about vehicles being parked on city rights-of-way for long periods of time. Councilman Isaac said he would like this on the February 9 agenda and have the police department report on this. Council suggested having the staff handle the specific complaints first and see if this continues as a problem. 6. Councilman Isaac said during the Winterskol parade there was not much crowd control. Councilman Isaac said he would like this brought to staff's attention. Mayor Stirling suggested the resort association also be notified of this. 7 . Council scheduled work session on code simplification for March 2 at 5 p.m. to go through a procedural draft with a follow up work session April 6 at 5 p.m. 8. Mayor Stirling requested to add to the agenda a substitution for the sister city delegation to Davos. Mayor Stirling moved to add this to the agenda at item VII (m); seconded by Councilwoman Walls. All in favor, motion carried. 9. Mayor Stirling said the city is running. into resistance on the downtown development authority and good points are being raised by taxing districts and citizens. Mayor Stirling said he would like staff to bring a report on the downtown development authority on February 9. 10. Mayor Stirling said the Colorado Association of Ski Towns, Mayors and City Managers of west slope ski resorts, invites the legislative members to meet and discuss key legislative issues fundamental to ski resorts for the upcoming sessions. This will be attended by Mayor Pro Tem Walls and City Manager Bob Anderson. 11. Assistant City Manager Mitchell requested a study session on the undergrounding improvement district, to pay for the secondary drops that individuals may not pay for. Council scheduled this 2 Regular Meeting Aspen City Council January 26. 198 for February 16 at 5 p.m. (Councilwoman Fallin came into Council Chambers) ORDINANCE #3. SERIES OF 1987 - Purchase Contract - Anderson Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. City Manager Bob Anderson told Council he has not been able to meet with Councilmembers Collins and Isaac regarding improvements to the duplex. Anderson recommended tabling this f or two weeks to finish details on the contract. Councilman Collins moved to table Ordinance #3, Series of 1987, until February 9, 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #38. SERIES OF 1987 - William Addition Annexation Mayor Stirling opened the public hearing. Tom Dunlop, environmental health department, told Council he met with the environmental protection agency and the potentially responsible parties, as identified to date, to come up with resolutions to the issues of past oversight costs and inclusion of Smuggler Mine into the hazardous waste site, as well as technological issues necessary for amelioration of the site in compliance with federal guidelines. Dunlop told Council the federal government still has the ability to increase the size of the property boundary of the hazardous waste site, which they recently did, as well as add more potentially responsible parties. Dunlop told Council the city may be included as a potentially responsible party if they annex this property prior to resolution of the legal issues. Dunlop said ownership of the streets rn ay make the city liable for a proportional share of the 53,000,000 of recoverable costs in this area. Dunlop continues to recommend denial of the annexation. This is becoming more complicated and more people are getting involved. City Attorney Taddune told Council at the EPA meeting in Denver, a desire was expressed to add additional parties, and one of these was the city of Aspen. Taddune told Council he has been informed that the EPA has directed the negotiations be closed by March 1st. One of the problems is, the more the EPA becomes involved, the more expensive it becomes to conclude this. Taddune said the city has been resisting being brought into the discussions because the city does not feel they are a responsible party to any degree Mayor Stirling moved to table final consideration of Ordinance #38, Series of 1987, until March 9, 1987; seconded by Councilwoman Fallin. 3 Re a__ ulcer Meeting Aspen Citv Council January 26, 1987 Jon Busch said the EPA's definition of responsible party is those who created the mess. Busch said the city of Aspen had nothing to do with creating the mess. Busch said the Williams additions is an old pioneer subdivision, and there were never mine tailings in that area. Busch told Council he had his property soil tested by CSU and the heavy metal contamination was within federal limitations f or agricultural purposes. Busch suggested having Williams addition removed from the hazardous waste area. Mayor Stirling said if the city enlarges the city's contiguity in that area, this opens up possibilities to become involved. Councilwoman Fallin asked how late this could be annexed and still allow residents to vote in the May election. City Attorney Taddune told Council upon effective date of the ordinance, residents of the annexed areas are entitled to city voting benefits. Taddune said the EPA is trying to find as many responsible parties as they can. Busch said the Williams addition residents are trying to encourage Holy Cross to underground a power line in that area, and feel if they were annexed Holy Cross would look upon this more favorably. Dunlop said if more than one cubic yard of dirt is moved, it has to be submitted to EPA for approval prior to moving it. All in favor, motion carried. RECREATION COMPLEX_ FUNDING MECHANISMS Marty Kahn requested Council put on the May ballot the recreation center and having the city fund $5,000,000 toward the recreation center. This would be f unded by an additional 1/3 to 1/2 half penny of the 8th penny sales tax. Kahn said the city has two existing inadequate facilities, which will take a substantial amount of money to upgrade. There may be some health and safety reason to have to upgrade these facilities. Kahn said the ice rink committee was formed to look at improvements or to give Council alternatives. Kahn said the committee has been meeting for two years and unanimously concluded a new recreation center is what is needed in Aspen. Kahn pointed out Council proposed $500,000 for the ice rink improvements and $500,000 to cover the James E. Moore pool. The committee feels that $1,000,000 would be better spent towards a new recreation complex. Kahn said the committee is asking that Council not have to be in the position to raise taxes to pay for this complex, but let the question go to the voters. Kahn said the committee believes there is substantial support in the community for the recreation complex, and would like to see the city put in $5,000,000 as well as donate the land for the complex, and donate the proceeds of the sale of the existing ice rink. Kahn said the committee feels if the voters pass an 4 Regular Meeting Aspen Citv Council January 26, 1987 additional penny sales tax, and the city allocates 55 , 000 , 000 there is a reasonable likelihood to obtain private or other governmental financing to build a 57,800,000 recreation complex. If this is not the case, the recreation complex may be scaled down and done in stages. Kahn said at the present, it seems Council is not even willing to fix up the existing facilities. Kahn said the committee believes this is an important project. It has been the policy of Council that recreation is the city's responsibility. Councilwoman Fallin said she would prefer to go for the entire 8th penny, set it up like the 6th penny and use it strictly for recreation purposes. Once the complex is built, there are operating costs. The Council has agreed in essence to take over the cross country trails. Councilwoman Fallin said the city puts a lot of money annually from the general fund into recreation, and the 8th penny could exclusively cover recreation. Mayor Stirling said an additional penny would generate about 51,600,000 in gross revenues. If the city were to bond 55,000,000 for the complex, it would cost about 5500,000 annually. Marty Flug told Council their request f or 1/3 to 1/ 2 of an 8th penny includes the incremental operating costs. Councilwoman Fallin said she would 1 ike the 8th penny to cover the recreation complex, the Nordic trails, plus the recreation programs currently funded out of the general fund. Councilman Isaac favors putting this issue to an election as it is up to the voters to decide if they are willing to increase the sales tax another penny for this project. Councilman Isaac said the ballot question should be worded specifically to fund this f acility and perhaps another capital facility for the community. Councilman Isaac said he would prefer to see the 8th penny centered more on capital improvements than operations. Councilman Collins said the current city facilities are running at an operations deficit. Flug said the operations at minimum utilization without debt service would be an annual loss of $240,000. The current rink and pool operate at a loss of $150,000, an incremental loss of 580,000. The recreation department feels this facility would operate at a low minimum with a loss of 5191,000, close to the current loss. At medium utilization there would be a 551,000 loss or a 5100,000 profit over the current operations. Councilwoman Fallin asked if the city needed special dispensation from the state for an 8th penny. Taddune told Council several ski towns have imposed an 8th penny. The argument has been made because these t own s a r e home r ul e , they do not have to abide by the 7 percent limitation imposed by the state. 5 Regular Meeting Aspen CitX Council ~Tanuar~ 26. 1987 Mayor Stirling said the sophisticated nature and benefits of this proposal are substantial to the community. Council had two public hearings late in 1986, and one of the questions was w by thi s recreation complex and does it f it the philosophy of this community. Does this complex f it within the major purpose and goals of this community. One way to determine this is to have an election and let the voters decide. Mayor Stirling said the city is working on a proposed downtown development authority, which would create monies to support debt service f or downtown circulation problems. There has also been discussion between the city, county and Snowmass about a transportation link between Snowmass and Aspen; the costs for this is 15 to 20 million dollars for capital costs. The Council is always faced with choices; one way to solve this is to let the voters decide. Mayor Stirling said Council will have to address the content or purposes of the eighth penny. Mayor Stirling moved to ask staff to bring to the February 9th meeting and ordinance for the 8th penny framing in alternatives for this penny; seconded by Councilman Isaac. Councilman Collins asked why this is coming through the city alone and not the county or a larger district. This is supposed to be a community facility. Councilman Collins pointed out in the lodge improvement district, some people are saying the city should pay for all the improvements. Flug said this committee was appointed by the city. The facilities they were dealing with were city facilities. The committee has come back with a report to the city. Councilman Isaac noted the people that generate sales tax within the city do not all live within the city limits. The contributors will be farther ranging than just city residents. Susan Michael pointed out years earlier, the city and county created a division a labor; the city agreed to take care of recreation. The city recreation department has always served county residents. Mayor Stirling said one alternative is property taxes, which may be perceived to be more fair. Another alternative is a taxing district for a recreational facility, with another group of elected officials with the power to tax. Mayor Stirling said th i s i s the last penny avail abl e to the community and everyone should consider what the choices are for this source of revenue. Mayor Stirling said his consideration is for things that drive the community, like the M.A.A. and Institute, both of which are not as solid as they could be. Mayor Stirling said it is more important for him that these institutions will continue and be healthy and are fundamental to Aspen's survival. Richie Cohen suggested before this is taken to the electorate that is be studied further. This is a major commitment, and Council owes it 6 Regular Meeting Aspen C' tv Council ,~anuary 26 . 1987 to the people to look at this in relation to everything else that has to be funded. All in favor, motion carried. John McBride pointed out said the present ice rink need serious repairs and the items needed will be good forever. Things like flooring, rubber matting and lockers could also be used in a new facility. ORDINANCE #l. SERIES OF_ 1987 - Lodge Improvement District Councilman Isaac moved to read Ordinance #l, Series of 1987; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #1 ( Series of 1987) AN ORDINANCE CREATING ASPEN LODGE AREA SPECIAL IMPROVEMENT DISTRICT N0. 1987-1, IN THE CITY OF ASPEN, COLORADO; ORDERING THE CONSTRUCT ION AND INSTALLATION THEREIN FOR CERTAIN LOCAL PUBLIC IMPROVEMENTS ; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT was read by the city clerk Councilwoman Walls moved to adopt ordinance #1, Series of 1987, on first reading; seconded by Councilman Collins. Bob Anderson, city manager, said there has been a task force dealing with this for over a year. The Council has heard from consultants outlining the goals of the improvement district, showing the boundaries. This district is meant to improve pedestrian and traffic circulation, lighting, sidewalks. Anderson stated in the plans originally, there was a greater emphasis on beautification. The task f orce worked to pare down the district to be more functional and less ornate. In 1985, Council adopted a process to f orm improvement district. Anderson told Council letters were sent to 1026 property owners within the district. These owners were requested to notify the city by a certain date if they did not want to be part of an improvement district. Anderson told Council 57 property owners, representing about 114,970 square feet or 5.6 percent of all the property, protested the district. Anderson told Council he held a public hearing December 30, 1986, on this district and people at that hearing expressed their concerns. The letters and statements of concern were discussed at two task force meetings after the public hearing. 7 Regular Meeting Aspen City Council Tanuarv 26. 1987 Anderson told Council some of the comments were the that district was too ornate, too grand in its design; some thought it was not grand enough, the district boundaries are too large or too small. Regarding the boundaries, the task force felt they should remain in tact. No matter where the boundary lines are drawn, the property owners at the edges of the boundary have an argument about the boundaries. Anderson said the standards the task force used for the decision were whether cutting a property out of the district would dramatically effect the overall district; whether the property involved could be used for short term lodging, which puts more of a strain on the community and was one of the reasons this district was focal; and whether the property seeking to get out of the district was on the periphery or in the middle of the district. Anderson told Council the task force listened to all objections and concerns and decided the project should go ahead as planned to the next stage. Anderson said one area that he feels needs to be looked at is the assessment of the commercial property, especially along Durant street. Commercial properties were given an assessment ratios 2.5 times that of residential properties. Anderson said the district is not-oriented toward providing parking, and such a high assessment for commercial properties may not be just. Anderson said if this assessment formula is reduced, there is some budget for the district will not be funded. The decision will have to be how to pay for this unfunded portion. Councilwoman Walls said the three blocks of commercial properties on Durant street already have sidewalks. Anderson said the combination of all improvements will facilitate residents and tourists getting to the amenities they are trying to go to. Anderson said he feels Durant street is integral to the project, but the assessment can be looked at. The next stage deals with specific assessments for the properties. Jay Hammond, city engineer, told Council there is a second ordinance process involving setting the assessments, use factors. This ordinance sets the boundary for the district, sets the preliminary plan of improvements and adopts that plan. Hammond outlined the boundaries on the improvement plan map. Hammond said there is concern about dividing Aspen Square in half ; the premise is that improvements along Durant street were important. Mayor Stirling said he is somewhat concerned about the process, and that 57 registered complaints is a remarkable one. Mayor Stirling said he is concerned about the notice provisions and the sufficiency of them, that the 1,206 property owners should have more of a voice. Mayor Stirling said he is concerned about a perception that people feel the city is circumventing the political process. Anderson said in his experience 5.6 percent is not a large response. Mayor Stirling asked what percentage 8 Regular Meetina Aspen Citv Council Tanuarv 26. 1987 are absentee landowners. Staff said they have not calculated this. Councilwoman Fall in said she had a sense there had been previous meetings where this district was planned and discussed, and it seems to be news to the majority of property owners. Councilwoman Fallin said before final consideration, the Council should have a separate meeting with the property owners in the proposed district. Hammond showed Council a map of the proposed district identifying the properties which have given protest. Anderson told Council there are some property managers in favor of the district. Hammond told Council there was no formal action required of anyone supporting the district. Councilwoman Walls pointed out some time ago, property managers came to Council several times and requested movement on this district. Anderson said there could have been a more formal notice earlier in the process; it appear s some of the smaller property owners did not know about this proposed district. Anderson noted often in a large project, responses come when the project becomes imminent. Mayor Stirling asked what percentage of the district is represented by the two large proposed hotels. Hammond said the Aspen Mountain Lodge project is about 20 percent and Little Nell is about 10 percent. Hammond told Council out of the 1,026 property owners, the Aspen Mountain Lodge is 1 ownership. The remonstrance process is tied to the square footage of the units as relates to the entire district. Councilman Isaac said he is concerned about the loss of parking places in the proposed district. Councilman Isaac said part of the plan is changing angle to parallel parking. Hammond said the plan recommends widening sidewalks in the core area, w hick would interfere with parking. Hammond stated the net loss of parking in the district is 20 spaces. Some of this is parking that is being shifted from the center to the outer edges of the district. Hammond told Council the task force was very concerned about parking loss and tried to keep this at a minimum. The task force felt in order to maintain the design and pedestrian orientation, some parking reduction was acceptable. The task force is supportive of the on-going program of the city to develop parking for the entire city. Councilman Isaac said he is not sure of the need for wider sidewalks. Most of the people unhappy with the plan are residents or owners along Durant street. Anderson said it is not obvious that a loss in parking equals a loss in business; the businesses on the mall do well without parking. Anderson said the key is to have an appropriate interface between vehicles and people, which is what this design strives for. Anderson said it 9 Regular Meeting Aspen Citv Council Jamey 26. 1 987 is necessary to recognize the city will have to build a parking structure in the near future. One of the problems with the proposed improvement plan is that it is out of phase with a proposed parking plan. Anderson urged Council to not preclude a plan because it leads to less parking. Less parking is not detrimental to business as long as it will be made up somewhere else. Mayor Stirling said he is more concerned about the issues of circulation and pollution, and the challenge of air quality. Mayor Stirling said Council should not approve a plan that loses one parking space. The city should not lose diagonal parking because it is traditional and more efficient. Councilwoman Fallin said she is very opposed to losing any parking spaces. Councilwoman Walls agreed and does not feel it is necessary to cut out parking just to have a sidewalk. Hammond pointed out one of the design philosophies of the plan was to enhance pedestrian circulation within the district and f or pedestrians to circulate from the base of the mountain, lodges and to the commercial core. The plan provides enhanced crossings, shuttle capabilities, which do take out parking, widened sidewalks which make the street too narrow for diagonal parking. Hammond pointed out some recommended changes to the ordinance, which are minor clarifications. The ordinance addresses "traffic signalization", which should be to create a consistency of signs, not stop lights. Hammond recommended in the paving section a reference to utility undergrounding. The storm drainage section should be amended to read, "including a contribution toward the construction of diversion dams and channels". Hammond recommended amending the ordinance to indicate that fund within the district is intended to be a matching fund available if and when the city, county and Skiing Company come to an agreement on a shared approach to mountain runoff. Hammond told Council the plan includes drainage as relates the street imrpvoements; however, mountain runoff or debris flow off the mountain, the improvement district budget will include a contribution toward that construction to be used as a matching fund. Hammond reminded Council the city was willing to consider paving of streets as a normal responsibility, but the cost figure was reduced. The city was concerned about taking on base mountain runoff on its own. This f figure was eliminated f rom the city' s contribution. The district decided to include a figure within their budget as a matching fund. Councilman Collins asked if the mountain storm drainage improvements are provided f or in the design. Hammond answered there are improvements within the district that might be appropriate at the outset of construction so that future work would not cause disruption to the improvements installed within the district. Councilman Collins 10 Reaular Meetina - Aspen Citv Council Januarv 26. 198 said if a private firm was doing this district, these improvements would have to provide for whatever comes down off the mountain. Councilman Collins asked if the city is leaving itself liable by not incorporating those things that would address the runoff from the mountain. If the city is sponsoring the district, it seems important to do those type of improvements. Hammond said under the storm water plan developed in the ' 70s, the runoff from the base of the mountain and the storm drainage associated with development and roads are considered separate and are to be dealt with separately. This runoff is not to be picked up in the street system and carried through the city's storm drainage system. It will be routed away from the district and independently to the rivers. This district is not at risk. Hammond said the obligation of a private developer would be to maintain historic conditions. Councilman Collins asked if the funding for this district will go to the electorate. Mayor Stirling said only if it is funded through a general obligation bond. Councilman Collins asked if the voters turn this down, is the city getting boxed in to no other choice. Mayor Stirling said the city's alternatives are to pay cash, include it in the tax increment financing, or a general obligation bond. Councilman Collins said if the city is going to participate in the district, they ought to know where the money is coming from. Anderson said Council approved the city's share of the improvement district in the capital budget process. Councilman Collins asked if Council could make a decision on the district, and the f unding is turned down by the voters, does the money have to come out of the general fund. Council requested clarification on this. Sally Roach said she is concerned about the notification process. The fact that the letters were sent out during the Christmas holidays should have been considered. Ms. Roach also questioned having no indications that these notices were received. Ms. Roach said it is erroneous to assume that 960 people who did not lodge a protest are in favor of the district. Ms. Roach told Council her office is getting a lot of calls about the proposed improvement district; some people have stated the letter they received did not make clear what was proposed. Lennie Oates, representing a Durant Mall owner, agreed there is a concern about all this happening during the Christmas holidays. Oates told Council he and Andy Hecht speak for all the commercial owners along the north side of Durant street. These property owners intend to object to being included within the boundaries of the district; they have their improvements in and the burden should be shared by the entire downtown area. Oates said these property owners do not understand the interrelationship between the downtown development authority and the lodge improvement 11 Regular Meeting Aspen City Council ~anuarv 26. 1987 district. Oates said they wold like to have a liaison with the city to understand the rationale of the 2.5 assessment and the interface between the DDA. Jim Pavisha, representing the Aspe n Mountain Lodge, pointed out the ordinance calls for an additional 6 percent on top of the S4 , 700 , 000 of incidental costs. Pavisha told Council that was not the intent of the task force. Pavisha suggested staff looking at a simple majority in favor of the district. Hammond answered he has spoken to bond counsel about the 6 percent, and in their opinion can be removed from the ordinance. Councilwoman Walls amended her motion to adopt Ordinance #1, Series of 1987, as amended; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Walls, yes; Collins, yes; Mayor Stirling, yes. Motion carried. CCLC S IG~I~fi - PROGRAM Mayor Stirling said had discussed this previously, and he requested reconsideration as he is concerned about spending $9,000 to study the concept of having signs in town. Elyse Elliott, engineering department, told Council the money requested will inventory the signs needed, design types of signs that will be needed, and determine where these should be located. Gary P1 uml ey, Chairman CCLC, said they feel signs in town have proliferated and do not say much. Plumley said the point of the program is not to put up more signs; it is to organize and make the signs recognizable to direct guests to lodging and major attractions in town. Plumley said one goal of the program is to make it easier f or guests to find their lodging; it is not the intent to sign any other commercial ventures. Ms. Elliott said the timing is good for the city to get involved because RFTA, lodge improvement district and possibly the downtown development authority are all undertaking sign programs. This may help coordinate the sign program. Councilwoman Fallin said she has received complaints from shop owners that visitors feel this is a difficult town to get around in; there are no street signs. Councilman Isaac said he would like to have a study session with CCLC so Council can get into the specifics of the program and what Council would like to see out of a sign program. Jon Busch said the CCLC is trying to come up with a consolidated plan to reduce the number of signs and to have alternatives that are more durable and that work better. Mayor Stirling said he feels the city has to be very careful about the scale and treatment of signs. Councilman Isaac moved to schedule a work session for February 2, 12 Reaul ar Meeting -- Aspen Citv Councii Jamuarv 26, 198 1987, at 5 p.m; seconded by Mayor Stirling. All in favor, motion carried. Mayor Stirling pointed out this program contains sign code revisions, which the planning office is already working on. Mayor Stirling suggested this may be deducted from the program. COMMUNITY SERVICE AGREEMENTS Mayor Stirling said there has been some concern that all organizations that receive financial grants f rom the Council, that their meetings should be publicly noticed and open to the public. Mayor Stirling said there is a continued trend t ow and all meetings being open to the public. Spence Videon, ARA, said they are trying to be responsive to the fact they are the recipient of public f unds . Most of these funds are spent by contract, like the visitor's center and Coors Classic. Video n said they feel it is appropriate when they discuss they use of public funds, that the public has full disclosure. David Danforth, Dai-lv News, told Council they have asked the ARA to hold open board meetings. Danforth told Council not only have they ref used to hold open board meetings, they have also declined to name how members of the Board vote on certain public issues. Danforth said they believe the amount of money the Council is giving that these organizations should hold open board meetings as a condition of receiving city funds. Mayor Stirling read from the community service agreement, "Any deliberation and/or decisions involving the use of city of Aspen f unds, must be conducted in a public meeting". Danforth is requesting that all Board meetings be open to the public, that any member of the public should be able to go to board meetings. Pat Flug, Ice Skating Club, asked if this would apply to those organization that receive only in-kind contributions, like free ice time. Mayor Stirling said it would. John Kelly, Aspen Junior Hockey Club, told Council they would not like to get into a notice requirement. Anybody can come to their meetings; however, publishing notice will cost money and would be onerous on smaller organizations. Shelly Harper, Aspen Historical Society, asked if the public are allowed to Board meetings, can their participation be limited. Ann Knowlton, Visiting Nurses Association, told Council their by-laws state their meetings will be open to the public. Ellen Anderson, Tipsy Taxi, said their budget is limited and they do not have a lot of money to spend on notification of meetings. Danforth said he is not proposing notification or participation requirements just the fact that any member of the public may attend. 13 Regular-Meeting Aspen City Council January 26. 1987 Jeff Bentley, Ballet Aspen, noted that the money that gets infused into his organization has already been looked at by Council during the application and evaluation process. Bentley said their board meetings are not officially open. Bentley said the city's contribution to their budget is about 2.5 percent of their total budget and he or the records could show where this money goes. Craig Ward, Nordic council, said during the city's budget process, these organizations have to state what they are going to use the f unds f or and it is part of the contract these organizations sign. Bob George said the question of in-kind services may draw out a dangerous conclusion. Potentially, this coul d say any one who contracts with the city has to have open board meetings, may be asking private businesses to ope n their board meetings. Councilwoman Fallin said the arts groups are different from the ARA. The ARA is a membership organization where people choose to join that organization. There are monthly meetings where any member could bring up opening the Board meetings. Councilwoman Fallin agreed any monies the city gives should be discussed in public. Councilwoman Fallin said she is concerned about cont r i but ions to the Mental Health C1 inic and the M.A.A. which monies go to other towns and is sent back Aspen and seems muddy. Councilman Isaac moved to make no changes in the community service agreement; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Collins and Mayor Stirling. Motion carried. RE UE-ST TO ~3SE CITY PRQPERTY - Circus Flora Roberta Allen, representing Les Dames d'Aspen, said this group supports the arts in Aspen and every year they give one major be nefit to raise money. This year Les Dames is supporting the Aspen Art Museum and Ballet Aspen, as well as giving high school scholarships. Ms. Allen told Council they would like to bring Circus Flora to Aspen for 3 or 4 days in July. Circus Flora is a non-profit foundation that presents a one ring circus, which is a reproduction of a 19th century circus. Ms. Allen requested from the city a location to present the circus. They need one acre, potable water, electricity, security and trash. The circus brings the tent, seating, performers. They will do a parade on Main street to promote the circus. Ms. Allen said these seats will be affordable so that everyone can go. Ms. Allen said they feel Rio Grande would be the most desirable location; Wagner and Paepcke parks second choices. They have chosen the dates of July 17 through 19 with perhaps a fourth date. Circus Flora needs $49,000 in order to bring the circus to town. This non-profit foundation is dedicated to perpetrating 14 Reaul ar Meeting-~ Aspen City Council Januarv 26. 1987 the circus arts. This is more of an art form than a commercial endeavor . Ms. Allen said because of the high initial cost of bringing the circus to town, Les Dames is requesting the city front some of the money, which would be paid back. Les Dames is asking for a minimum of $10,000. They will also ask other businesses in town f or support up front also. City Manager Bob Anderson told Council the staff has recommended the two best sites would be the Buttermilk parking area or the snow dump site at the Rio Grande. There is another proposal f rom the Aspen Theatre Company to use that site also. Anderson said there are problems at the Rio Grande site with turf management and the sprinkler system. Mayor Stirling said he feels the Rio Grande area is a good location for accessibility and parking. Mayor Stirling moved to direct staff to work with Les Dames and Aspen Theatre Company to both use the snow dump site; seconded by Councilwoman Walls. Councilman Isaac said he would like to know more about the theatre proposal, to see if they want to be there all summer, if this would be compatible with the circus, if this would interfere with the county fair. Tim Vanatta, leisure services director, told Council the fair is looking for an alternate location. All in favor, motion carried. Ms. Allen said Les Dames is asking for a grant of $10,000 and if this is not possible, a loan. Councilwoman Fallin said she would be willing to give front money; however, this large amount should have come to Council at budget time with the other requests. Councilwoman Fallin said she opposes giving 510,000 out of the contingency. Councilman Isaac moved to front 55,000 and to grant a contribution of $5,000. Motion DIES for lack of a second. Susan pointed out there will be 1300 seats at the circus and up to 2600 people a day coming to the circus. These people would be spending money and bringing revenue into town. The 510,000 would be a good investment and would be returned to town. Ann Austin said they plan to advertise out of the valley, hopefully to bring more people into town. Councilman Isaac moved to grant a donation of 510,000. Motion DIES for lack of a second. Mayor Stirling moved that staff give Council a report on what in- kind support would be; seconded by Councilwoman Fallin. All in f avor, motion carried. 15 Regular Meeting - - Aspen City Council ~ anuar~ 26~ 1987 Ms. Allen said they need to commit to Circus Flora v ery soon. This request is from Les Dames d'Aspen, not Ballet Aspen or the Art Museum. SU$DIVISION RXCEPTION - Dunn/Bishop Steve Burstein, planning off ice, told Council the applicants have requested a lot split for their two small Victorians. The staff discovered although the zoning map showed R-6, this is actually zoned R-15. Staff is recommending to initiate rezoning to R-6 in order to get the procedure started. John Kelly, representing the applicant, told Council when this was annexed, it was a requirement to be R-15. These lots are all duplexes, separate little Victorians. Kelly told Council this is not a density request. Kelly said they made the application based on R-6 zoning, and it was only found recently this is zoned R-15. Councilman Collins moved to initiate rezoning proceedings for the Alpine Acres subdivision; seconded by Councilman Isaac. Councilman Isaac said all the lots in this subdivision are developed pretty much the same way. Councilman Isaac said he would like this rezoning to apply to the entire subdivision. All in favor, motion carried. SUBDIVISION -EXCEPTION - Sunny Park North Lot 7 Steve Burstein, planning office, told Council this is a request for a reconfiguration of lot 7 to subtract 6900 square feet from the south of the parcel and add it to the north. Burstein told Council this has previous Council approval but the approval expired before the plat was filed. Burstein recommended approval again with 3 additional conditions. City Attorney Taddune said there is a concern in this area about the hazardous waste site, and staff is suggesting plat language stating this is dedicated as a public right-of -way, and the applicant is offering to donate to the city the right-of-way as an option as the time the city deems it appropriate. Tom Newland, representing the applicant, told Council they have no problems with these conditions. Councilman Isaac moved to approve the requested subdivision exception for Lot 7, Sunny Park north subdivision subject to conditions 1 through 7 in the planning off ice memorandum of January 21, 1987; seconded by Councilman Collins. All in favor, motion carried. VENDORS ~COi~i'i'RAf=T - Thirstbusters 16 Regular- Meetina - -- Aspen City Council January 26. -1987 \ Dave Robbins told Council they have submitted letters from the Skiing Company, RFTA, their insurance and the necessary papers to apply for a vending permit. Assistant City Manager Mitchell stated the Code places the responsibility on Council to approve vending requests. In the past, Council has been very cautious about approving these based on a concern for proliferation of these types of activities. There are some criteria listed in the code, which applicants must meet and comply with. Councilman Isaac said this vendor is j ust going to vend during the ski season and suggested the contract only be good for the next 4 months to see how it goes. Councilman Isaac moved to approve the vendors agreement in accordance with Section 13-61 for a period of 4 months; seconded by Councilman Collins. Councilwoman walls asked what plans there were to handle the trash. Robbins told Council each of their vendors has a small trash bag to be abl e to offer to take the empty cups f rom customers. Robbins said they take responsibility f or trash for policing the area they are in. Councilman Collins noted RFTA has no objections to the operation in Rubey park. All in favor, motion carried. ~ BURNT- -MOU~N`~AiN EIS- REPRRSENTAT IVE Glenn Horn, planning office, said the first meeting is a scoping session, and it will be important to express the city's views regarding the environmental impact statement. Horn said the city spent a lot of tim a developing those views two years ago, and these should be looked at to see how relevant they are today. Horn said the city should tell the forest service they would like to comment but would like to reserve the right to comment for 30 days. During that time, staff can look at the old statement to see what is relevant and prepare a new statement. Horn told Council the issues related to the EIS are very technical. Horn suggested Council have a work session in the next 30 days to determine whether or not their position is the same, and what the differences may be. Councilman Isaac moved to nominate Glenn Horn as EIS representative, and to request 30 days in order to reanalyze the city' s position to see if it is up-to-date, and to schedule a work session; seconded by Councilwoman Fallin. Council scheduled the work session for February 16th at 6 p.m. All in favor, motion carried. INCREASED HEALTH-~fiSURANCE BENEFIT 17 Regular- M~etina Aspe~y -Council ~anuarv 26. 1987 Personnel Director Patsy Malone told Council this proposal is to increase the level of health insurance benefits by taking cost savings from no rate increase and applying this toward a prescription drug card benefit. Ms. Malone said the city is on a partially self-funded plan and has a set of reserves, aggregate fund, by which the claims are paid. There is a certain amount of money kept on reserve each month. By adding this benefit, the aggregate will have to be increased by $11,000 for 1987. The staff budgeted a 10 percent rate increase for 1987, and there was no rate increase. Ms. Malone proposed to take half the cost savings and apply them toward this benefit. This benefit enables employees to buy prescriptions at $3 or $5. Currently, the first $200 per family for prescriptions is not rebatable. Bob Anderson, city manager, said since the city's insurance is partially self-funded, employees' care makes a difference on the overall costs. Anderson said it is good labor/management relationship to split the cost savings with the employees responsible. Councilman Collins moved to increase the level of the employee health insurance benefit package by adding the prescription drug card service effective January 1, 1987, to use one-half of the cost savings to fund the benefit; seconded by Councilwoman Walls. Mayor Stirling said he would rather see the city put money into preventive health approach than prescription drugs. Ms. Malone said she does not feel a benefit like this will increase or encourage prescription drug use. Staff is discussing developing a preventative maintenance program. All in favor, with the exception of Councilman Isaac and Mayor Stirling. Motion carried. CONTRACT--APPROVAL - City Hall/Gibson Reno Councilman Collins moved to approve the contract with Gibson Reno for schematic design drawing f or city hall renovation; seconded by Councilman Isaac. Mayor Stirling asked where the $25,000 is coming from. Assistant City Manager Mitchell told Council there is money left over from the original approval of the city hall renovation. Councilman Isaac said he has discussed office space with the county and they are interested is joint space. City Manager Bob Anderson pointed out at least 30 percent of city hall is j oint space. Councilwoman Fallin asked how much the city has paid Gibson Reno. Assistant City Manager Mitchell told Council Gibson Reno had done space analysis, general layouts, schematics, and two different options. Since the annex remodel plan was voted down, Gibson has 18 Rggu-l-ar- Mee-tnq -- - - Ashen City Cc~uncii ,~anuary 26 . 1987 ,_ . done some general ideas to cut back on cost, save as much of the third floor as possible, and not use the entire basement. Councilwoman Fallin asked if this should be re-bid. Mitchell said the city went through an entire process to select Gibson Reno and this phase is merely changing direction. Councilwoman Walls asked what this phase of the contract will get the city. Mitchell said the city will get schematics; at the capital budget hearing, Council directed staff to go to this phase rather than going all the way through construction documents. Mayor Stirling said the city needs this information before the election. Councilman Collins said it might be appropriate in contracts like thi s to have f ees f or all different phases and a total cost, rather than a new cost in every phase. All in favor, with the exception of Councilmembers Fallin and Walls. Motion carried. AS PAN MOUNTAIN --~ODG~ PARKING f~OT City Attorney Taddune reminded Council land was donated to the city as a parking lot at the base of Aspen mountain. The city is not paying any compensation for the use of the space as parking. The trustee and owner of the property want to be indemnified f or the use of this parking lot. The recently amended governmental immunity act sets a limit of $400,000 per occurrence to protect cities in the event of lawsuits. The city's CIRSA policy insures the city to the limit set forth in this act of $400,000. Taddune said the question before Council is if they want to increase the amount of exposure to the city f rom $400 ,000 to $1, 000 ,000 which increase would be uninsured. Taddune told Council staff has been trying to get insurance for this and has been turned down. Taddune told Council the owners of the property have run into the same problems due to the complex nature of the legal proceedings surrounding this PUD. Taddune said by resolution the Council can increase the city's exposure to $1,000,000 and would be uninsured for the difference. The reason to do this may be because the public parking spaces are worth that exposure. Taddune said staff is anxious over that increased exposure. Taddune said the applicant has suggested they will temporarily donate the lot to the city but then they will have to address the subdivision regulations. Councilman Isaac asked if the city is maintaining this lot. City Manager Bob Anderson said the city is. Councilwoman Fallin said she does not want to close the parking lot but also does not want the city expose d beyond $400,000. Councilwoman Walls agreed she is not willing to go with this exposure either. Mayor Stirling suggested Council pass the resolution at $400,000. Taddune told Council the trustee, Jim Pavisha, will not accept that and the city cannot get any more insurance. 19 Rey~,a-r -Meeti-ncr - -- - -- Aspen City Council ~anuarv 26. 1987 Councilman Isaac moved to have the city manager and city attorney continue to work on this and report back to Council; seconded by Mayor Stirling. All in favor, motion carried. Mayor Stirling moved to suspend the rules and extend the meeting 5 minutes; seconded by Councilwoman Walls. All in favor, motion carried. s I-STE~ - eIT-Y -- ~A-~e~s Mayor Stirling said he will not be able to attend Davos and has asked Councilman Isaac to represent the Council. Mayor Stirling said Council needs to empower Councilman Isaac to sign any documents in relation to the sister city program as well as budget some money for the trip. Mayor Stirling moved to empower Councilman Isaac to act on behalf of the Council in relation to f ormal ization of the si ste r cityship and to grant $1,000; $500 from Council and X500 from sister city 1987 allocation; seconded by Councilwoman Walls. Mayor Stirling said Mayor Pro Tem Walls has visited Chamonix as part of the sister city program, as well as Davos, Cortina and _ Garmisch-Partenkirchen. Mayor Stirling went to Japan as an emissary of this program. Many things have been happening as a result of both of these trips. Mayor Stirling said he feels it is beneficial to have another member of Council go to Davos with the sister city delegation. Mayor Stirling showed the Aspen leaf made by Francis Whitaker to be presented to Davos and commemorate the sister city ship. All in favor, motion carried. Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Collins. Councilwoman Fallin requested Sardy House liquor license renewal be within drawn. The consent agenda is minutes - December 15, 1986; Liquor License Renewal - Hotel Lenado. All in favor, motion carried. Councilwoman Fallin asked if the Sardy House was under the restriction not to serve alcohol during school hours. City Attorney Taddune said this was a requirement in the ordinance reducing the proximity to schools. Taddune said he would make sure the Sardy House is aware of this restriction. Councilwoman Fallin moved to approve the Sardy House renewal; seconded by Councilman Isaac. All in favor, motion carried. BOARDS AND COMMi3-S iONS- APPOINTMENTS 20 Rectuiar Meeting Assn City Council ~anuarv 26. 1987 Council scheduled this item for the February 9th agenda. Councilwoman Walls moved to adjourn at 9:15 p.m. ; seconded by Councilman Isaac. All in favor, motion carried. Kathryn Koch, City Clerk 21