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HomeMy WebLinkAboutminutes.council.19870727Regular Meeting Aspen City Council July 27, 1987 1 CITIZEN COMMENTS 3 COUNCILMEMBER COMMENTS EAST MEADOW/ JUKAT I ANNEXATION 4 ORDINANCE #17, SERIES OF 1987 - Refunding 1985 Sales Tax . 5 Bonds ORDINANCE #18, SERIES OF 1987 - Maroon Creek Hydropower . 6 Bonds ASPEN MOUNTAIN LODGE DEVELOPMENT UPDATE 7 HISTORIC PRESERVATION INCENTIVES 8 REPORT ON HISTORIC PROGRAMS 11 REPORT ON FINANCIAL STATEMENT 11 BANKING SERVICES BID 13 LIQUOR LICENSE HEARING - Aspen Artists Gallery 14 LIQUOR LICENSE HEARING - Syzygy . . . . . . . . . . . . . . 14 VENDOR'S LICENSE - Aspen Skiing Company 15 ASPEN MOUNTAIN LANDSLIDE 16 SKI TICKET PRICE RESOLUTION 19 REQUEST FOR FUNDS - Ice Garden Safety Improvements 22 ORDINANCE #31, SERIES OF 1987 - Rescinding Ordinance #15- 1987 22 ORDINANCE #32, SERIES OF 1987 - Flood Plain 22 REQUEST TO USE CITY PROPERTY - Aspen Auto Fest 23 CITY/COUNTY MANAGER CONTRACT 23 PITKIN COUNTY FAIR 23 CONSENT AGENDA 23 25 Regular Meetinq Aspen City Council ~~1.Y 27. 1987 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Fallin, Gassman, Isaac and Tuite present. CITIZEN COMMENDS 1. Francis Whitaker told Council he was called down to the snow dump site earlier this week by a concerned citizen. Whitaker reminded Council he has spoken to them about the snow dump and was promised something would be done about the site. Whitaker said snow time is coming soon. Whitaker said Council has a letter from him dated 1985 about the snow dump, and he has not received an answer to this letter. Whitaker said Council should be ashamed about what has been done to the Aspen One property on the bank of the Roaring Fork river. This is a barren abused piece of property, bought to protect the bank of the Roaring Fork, not to be used as a dump. Whitaker pointed out Council is the custodian of the property and must pass its custody on in good faith. Council has an obligation to protect and preserve its open space, and to respect and obey the letter of the law. City Manager Bob Anderson said the staff has been studying this question. Anderson said no matter what site the city uses, the result will be to make the site barren. Anderson said the street sweeper dumpings have been dumped on this property as a transfer point. The city has built up the embankment so the sweepings do not get into the river. Whitaker pointed out there is a Charter amendment which requires no change in use of property purchased with open space funds can be done without voter approval. The city has taken it upon themselves to change the use without going to the voters. Mayor Stirling said this was listed among the highest goals of the Council, and it is a high priority to complete the plan. In order to implement the Rio Grande plan, the snow dump and impound lot have to be moved. 2. Denise Reich presented pictures of what is happening at the Rio Grande. This is an exclusive dump for the city of Aspen. Ms. Reich pointed out she has to dump her trash at the dump. There is a bulldozer kept at the site permanently. Ms. Reich said the snow gets shoved over the bank, the debris gets into the river. Ms. Reich said she has called in the Army Corps of Engineers and intends to have this stopped. Citizens are not allowed to get away with what the city is getting away with. 3. Maggie DeWolfe said she is worried someone will get killed on Bleeker street before the city gets a traffic study done. Ms. DeWolfe said the traffic on that street is unbelievable and cars go straight down the street without stopping. This is a very dangerous situation. Ms. DeWolfe urged the city to hurry with the traffic study and also not to install any more stop signs as no one stops at them. Elyse Elliott, engineering department, 1 Regular Mee~i-nct - ~ Aspen City Council ,7~.],,.y 27 • 1987 said the staff is doing traffic counts in this area to start the study. 4. Sally Roach requested there be a sign at Mill and Main explaining the walk lights. The pedestrians situation has become ridiculous. Mayor Stirling said the Council is considering doing away with the all pedestrian cycle at this intersection. City Manager Bob Anderson pointed out at the last transportation work session, it was recommended to change this light ~ hasyindicated city engineer, told Council the state departmen this is one of the last pedestrian walk lights in the district, and they are inclined at eliminate it. Council requested staff address this as soon as possible. 5. Linda Summers said there is a problem at Bleeker and Sixth with no stop sign, and requested a stop sign until the study is done. Traffic comes off highway 82 and goes right through the intersection. Council requested staff look at this intersection. 6. Pete Stone brought up the demolition of two houses on east Hyman owned by Dick Butera. Butera has said he will donate them to Ruth Stone if a place can be found to move them. Stone said he has been looking for a place to move these before they are torn down. Butera will donate them to the city if these can be moved. They could be used for day care, employee housing. Stone urged Council to try and find a place for these houses before they are demolished. City Manager Bob Anderson said staff has been working on this, and this is a not a community that has a lot of available sites. Assistant City Manager Mitchell pointed out staff has been looking at sites on Puppy Smith street and the Koch lumber property. Mary Martin suggested these houses be stored on the Marolt property. Council requested staff find out the demolition time line on these structures. 7. Wainwright Dawson said Wink Jaffee may be able to help with space for the day care center. Dawson said it is very difficult for citizens to deal with the government, between city, county, state agencies. Dawson pointed out citizens have to go through a lot to get Council's attention, and priority of individual rights is what government is about. Ms. Reich requested that the snow dump be moved and that the city take out the temporary bank at the art museum, and that the city abide by the same laws that the citizens have to abide by. 8. Dan Arrow said he feels the construction in front of the Ute City Banque at the height of the season in inappropriate. 2 Reat~lar ~teetina -- - ~ Aspen CitX Council J~.X 27. 1987 COUNCILMEMBE~ -COMMEi~TS 1. Mayor Stirling introduced Linda McCausland, head of the Aspen Wildflower beautification committee. Ms. McCausland said she has spent some time at the natural wildflower preserve in Texas. Ms. McCausland said she would like to start with Bug sy Barnard park and the bicycle paths around the golf course. Ms. McCausland has met with the parks department. The city will be abl e to get f ire permits and help f rom the volunteer f ire department to get all the weeds out. This is a community project, and different groups are buying seeds. This is totally legal as they are only doing surface seeding. Ms. McCausland told Council she has been after some federal funds. The new highway bill says 1/4th of 1 percent of landscaping money given to the state has to go to wildflowers. 2. Mayor Stirling pointed out the consent agenda is to be passed en masse unless a Councilmember has an objection to point to make about an item on the consent agenda. Mayor Stirling explained this is an attempt to start to streamline the agenda. 3. Mayor Stirling said he is meeting with the Mayor of Snow- mass, and Chairman of the County Commissioners to discuss the citizens to be appointed to the Ski Company advisory committee. Mayor Stirling said any citizens who would like to be on t his committee, should let him know. This committee will be appointed by August. 4. Mayor Stirling said he has received complaints about the amount of gravel on the bike paths, particularly east of t own. Mayor Stirling asked staff to see if these are on a regular maintenance program. 5. Mayor Stirling told Council he has attended the Colorado Association of Ski Towns legislative tour in Steamboat Springs and they discussed all types of issues. 7. Mayor Stirling suggested Council address immediate action regarding the Rio Grande property and the items that have bee n brought to Council's attention in the last number of years. Mayor Stirling requested a plan of action on the August 10th agenda. Councilman Isaac suggested it may be more appropriate to deal with the Rio Grande and snow dump at a work session. Council recommended continuing this meeting to Tuesday, July 28, 1987, at 6:30 p.m. Councilwoman Fallin moved to continue the meeting to 6:30 p.m. Tuesday, July 28; seconded by Mayor Stirling. All in favor, motion carried. 3 Regular Mee-tiara---- -~_ _ Aspen City Council ,may- 27. 1987 8. Councilman Tuite said at almost every intersection in town, the vehicles have been taking the right of way. Councilman Tuite pointed out pedestrians do have the right-of -way, and would like to discuss enforcement of this with the police department. Councilman Tuite said he would 1 ike the community to be more aware of this also. 9. Councilwoman Fallin said at Aspen and Durant, one of the city's new light poles has a multiple of signs on it, including one that says "Triple A approved". Councilwoman Fallin said this is inappropriate and should be taken down. 10. Councilwoman Fallin said there are buses parked at the Rio Grande and asked who gave them permission. 11. Councilwoman Fallin said at North Galena, there are supposed to be three spaces f or public parking. Councilwoman Fallin said she does not feel there should be any police cars parked there. There should be parking for people to go to the courthouse; the law enforcement cars are parking where the public is supposed to be able to park. 12. Councilwoman Fallin said last summer Council stated they did not want construction happening in the height of the season. The city is back at it again with the streets all torn up. Council- woman Fallin reiterated Council wants this done in spring or fall. 13. Councilman Gassman said the city will be having snow very soon. Councilman Gassman previously brought up cleaning of the streets in the winter , and would 1 ike to have Council address this on an agenda as soon as possible. EAST -MEADO~ir~f ~~U~~-~.~---ANI~EXATiflN Assistant City Manager Mitchell reminded Council they have adopted a resolution and set this date as a public hearing to review the findings to indicate this area meets all the statutory requirements for annexation. Council will see the ordinance for annexation and zoning at their next meeting. Mayor Stirling opened the public hearing. Vicki Fuller, resident, said the reason East Meadow owners signed the annexation petition is some people w ould like to add some floor area to their buildings. Ms. Fuller said they would like the floor area ratio in R-15 to remain the same as it is and not be changed later on. Ms. Fuller said some owners want to be condominiumized, which is not allowed in the county. Ms. Fuller said the residents would like a sign on their road, as well as 4 Ream-ar _-Me~etirra---- _ _.---. _ _-p,s~en Citp -Council .?.~.X 27....1987 some road improvements. Mayor Stirling said these can be readdressed at the public hearing. Mitchell pointed out P & Z has already reviewed this annexation and proposed zoning for it. Mayor Stirling moved to direct staff to prepare first reading of an ordinance for annexation of Jukati/East Meadow and zoning ordinance; seconded by Councilman Isaac. Councilman Isaac said he has problems with paving the streets in this area. Mitchell said this is a private road, and the home owners would have to convince Council to take over the road. Because of the width of the road and because it is a dead end, the streets department recommends against making t his a public right-of-way. It is currently privately maintained. All in favor, motion carried. ORD3I~fiAN-CE ~#-r7-; -ERRIRS OF --1987 - Refunding 1985 Sales Tax Bonds Mayor Stirling opened the public hearing. Cindy Shafer, f finance director, told Council this will save the city 5293,000 in present value savings over the next two years. Ms. Shafer told Council the new issuance is $9,050,000, which is a refunding and issuance of previously authorized bonds of 5600,000. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #17, Series of 1987, as amended; seconded by Councilman Tuite. Councilman Isaac asked if this is increasing the indebtedness of the city by more than the 5600,000. Ms. Shafer said this is refunding the bonds that mature from 1994 and is not increasing the indebtedness. Steve Jeffers, Kirchner/Moore, said this is refinancing 57,265,000 bonds. Jeffers said the average rate of the bonds being refunded is 8.9 percent. Jeffers told Council they cannot buy government securities to yield 8.9 percent so they have to buy more principle yielding less than 8.9 percent to pay off the old 57,300,000 at 8.9 percent. A large portion of the excess goes to buy more government bonds at a lesser rate in the escrow. Part of the increase in principle in f or issuance cost, including insurance premium, underwriters' discount, bond attorney fees. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. 5 R~egu3.a-r ~ -------_,.---._.____ A--s.~en City _Council ?t~ y 27. 1987 ORDI-itl-AidC~-#~-8~;- -B~ER-I-E~- OF 19$7 - Maroon Creek Hydropower Bonds Cindy Shafer , f finance director, told Council the size of this bond issue is $525,000. It is easier administratively and saves some money to do this in conjunction with the previous issue. Ms. Shafer told Council the average interest rate on these bonds is higher than the sales tax bonds, and is 6.93 percent. This results in an annual debt service payment of less than $60,000, and is currently anticipated in the long range plans of the electric fund. Ms. Shafer said all proceeds will be used for the construction of the Maroon Creek hydro dam, except for issuing costs. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #18, Series of 1987, as amended, on second reading; seconded by Councilman Tuite. Councilman Isaac asked if these bonds are backed by general obligation. Ms. Shafer answered yes, but g.o. utility bonds do not have to go to a vote of the people. Ms. Shafer said the intention is that these will be paid from electric f and revenues. There is the potential to pay for these out of property taxes. Councilman Isaac said the cash balance in the electric fund is diminishing and asked if there would be a problem paying the bonds off. Ms. Shafer answered the electric rates are an issue to be discussed at budget time. Councilman Isaac asked if the city will have to raise electric rates to pay off these bonds. Ms. Shafer said not specifically to pay off this bond as the assumption was this project will pay for itself over time. Mayor Stirling said one of the most critical things about this project is the protection of water rights. Mayor Stirling said this project will only give the city 3 to 5 percent of the electric power, and almost half of the city's energy will come from Ruedi and Maroon Creek. Councilman Isaac said he feels the value of this project is questionable, and it will put stress on the electric fund. Councilman Isaac said he feels there are other ways these water rights can be used at less expense to the taxpayers. Councilman Tuite said with cheap electric rates right now, these are expensive projects; however, electricity does not stay cheap and at that time these bonds will pay for themselves. Mayor Stirling said any step towards self-sufficiency is sig- nificant. Roll call vote; Council members Gassman, yes; Fallin, yes; Isaac, no; Tuite, yes; Mayor Stirling, yes. Motion carried. 6 Regu-iar--M~___ __.- .-------- __Aspen__-City _Council Jnrly 27 . 1987 AS-REi~_~--MOtJ-i'~A~ __I,~D~-~` -~7E~FI, OPNfEI~T UPDA~F City Attorney Taddune submitted to Council a copy of the December 1985 approved PUD agreement along with memoranda explaining the various terms and conditions of the agreement. The memorandum has been submitted to staff to comment on those provisions of the agreement that need to be met. However, this review may be premature because this property is in complicated legal proceed- ings and the ownership may be solved August 4th when Mohamed Hadid will become the owner of the site and the project. Taddune said the GMP approvals have been extended to September 18, 1987. Mohamed Hadid, John Sarpa, vice president of Hadid Development and Ian Floyd-Jones, Ritz-Carlton, were present. Sarpa told Council this company is a major developer in the Washington D.C. area with extensive experience and interaction .with the govern- ments there. Sarpa pointed out they have only been involved in this project for 2 months and do not yet own the property. Hadid told Council he is 100 percent involved in the design aspects of his projects. Hadid stated until he has deeds to these properties, he cannot tell Council what he plans to do with them. Hadid said he has a management agreement with Ritz-Carlton to be a co-developer f or the hotel property. Mayor Stirling asked what the sequence of events f or the proper- ties will be. Hadid said he will look at the hotel plans first, the number of keys, the size of the conference facility. Hadid said he plans to give the Continental Inn a facelift and to erase the buildings across from the Continental f or two small parks and an ice rink. Hadid said he is willing to listen to suggestions for the property right across from the Continental Inn. They are planning to landscape the area to the west of the Continental. Hadid said he is examining the approved plans f or the hotel and talking to people to understand the needs of the community. Ian Floyd-Jones, Ritz Carlton, said they were the selected hotel operators under the previous owner and much of the research has determined that Aspen is a destination Ritz felt they could be successful in. Floyd-Jones told Council Ritz and Hadid are partners in a project in Washington D.C. area. Floyd-Jones said Ritz has several resort developments, and is a very decentralized company. One of the partners will make sure the hotel is run the way the community feels it should be run. Floyd-Jones said Ritz is looking f orward to becoming a participatory citize n in the continued success of Aspen. Taddune noted if there are substantial revisions to the project, the revised request will come to Council as in the land use process. Councilman Isaac said the GMP extension will run out on September 18, and asked what the plans of the applicant will be 7 R_~~_~_M-~---_---_--._ ___ ___ ----peen -City_ Council ?iT~ y 27 . 1987 regarding that date. Hadid told Council he has a planning meeting scheduled for early August. Hadid said at this point, he does not know if an extension will be needed. Floyd-Jones said if they apply for an extension, it will be because the operators feel there are elements of the plan that need to be changed in order to be successful. Floyd-Jones told Council patterns in the industry can change in 2 years since the original approval. Floyd-Jones said they would want to take advantage of addressing those changes to give the applicant and the city a better project. Mayor Stirling said the city and the applicant spent two years going through the approval process, and the plan was the best the community was able to come up with. The plan was scaled down from its original application. Mayor Stirling said there is no intention on Council's part in trying to take the approvals away; however, there is a general concern that there have been changes in the community in 2 years as well as changes in the resort industry. Mayor Stirling asked if it is the applicant's inten- tion hire locally. Hadid said it is and he already has hired locally. H I~'~f3~~i-C~'RE~ERi~A~ i-Bltfi~ ~i~1~~N~ ~~S Steve Burstein, planning office, told Council he would 1 ike some direction on what incentives and options they would be interested in. Burstein said the problem is the fear that demolition or inappropriate alternations are diminishing Aspen's historic character, and there are historic structures without protection or without incentives to make it more desirable to have these structures designation. Burstein told Council there are 54 residential structures designated historic; 43 of these struc - tures are in the R-6 zone. There are 154 undesignated structures with 85 of these being in the 3 to 5 scores. Burstein said the focus is a voluntary program to get these structures involved in the historic designation program. Burstein said factors leading to the erosion of Aspen's historic resources include market values under present conditions that make it so there is a higher return by building a larger struc- ture; the age of the structures, and that the structures are small. Burstein reminded Council there was a joint meeting in February of P & Z, HPC and Council, at which time it was decided not to do an overlay but to pursue voluntary designation. Burstein reminded Council structures that are scored 4 and 5 have demolition review under Ordinance #11. Burstein said it is important to offer some incentives other than demolition to these structures. 8 _ __City eouncii ?pl y 27 . -1-987 Re q u 1--a r M e-~et-i-n-a _____.----- - _ _ A-s Burstein said some of the objectives are compatibility with the zoning districts. The intent of the R-6 zone is to maintain the neighborhood as an attractive residential area. The second consideration is land use patterns and whether incentives are consistent with these. R-6 is primarily single family and duplexes; RMF is multi-family with some L-3 lodges. Burstein pointed out the proximity of residential to commercial areas is quite close. The historic preservation plan element has a number of objec- tives, including discouraging demolition, encouraging authentic rest oration and compatible alterations, enhancing resort ameni- ties. Burstein told Council he has talked to other communities to see if incentive programs are working there. Council needs to evaluate if it is worthwhile for P & Z, HPC, and staff to become very involved in this program. The last point is at what level is the Council willing to finance some incentives. Council agreed with the list of objectives. Mayor Stirling said rather than an amenity, historic restoration is the heart and sole of the community and is fundamental to what is distinctive about Aspen. Councilwoman Fallin said the city should do everything they can to encourage restoration of a true Victorian and should try and discourage phony Victorians, not to give incentives for these type of buildings. Mary Martin pointed out that Council refused the overlay district, which would have protected the entire town. The Council has to look very carefully at giving some leeway to owners of historic buildings. Burstein said the largest area of land use incentives are the proposed conditional uses in a residential zone. Burstein told Council a survey was sent to homeowners in the west end to get some feedback on how the neighbors felt about the incentives, including conditional uses. Burstein pointed out all of the conditional uses have more people opposed than supporting. P & Z felt strongly about the conditional uses. There is a public hearing for all conditional uses, including a notice requirement. These approvals are subject to conditions to further define the parameters of the project. Burstein said another way to further define the project are to make the uses accessory only; to further add prescriptive uses, like number of rooms or hours of operation; the third option is to add to the review criteria of conditional uses. Burstein told Council in the code revision, staff is considering a more detailed review criteria. Burstein said the first conditional use is bed and breakfast, and the use is envisioned as homey and small. Some of the positive aspects of this use are it is quasi-residential and not terribly different from a short-term rental situation. There is a feeling that authenticity of restoration is a positive aspect. Bed and breakfast is a profitable operation. Councilman Gassman said he Rccnx-l ar-_~e-e-tin~a------ --- --- ---- _ _- ---_- -A~.pe rr--~ i t~ Co un c i~ ? t7 i -v 2 7 . _..19.8 has problems with land use incentives. Councilman Gassman said this is asking someone to designate a structure for the benefit of the community. Councilman Gassman said it seems in this that the neighbors are paying, rather than the community as a whole. Councilman Gassman said in the land use incentives, this is rezoning on a very small one house basis and it does not seem right. Mayor Stirling said the issue is whether this is or is not a benefit to the entire community. If it is a benefit to the entire community, it is up to the Council to find ways to make these incentives work. Councilman Gassman said if this is a benefit to the entire community, then the entire community should pay instead of just one small area. Councilman Gassman said he likes the financial incentives better for this reason. Council- woman Fallin agreed with Gassman's point, and said that condi- tional uses can be approved or denied based on one's neighbors. Councilwoman Fallin said if bed and breakfast is to be a use, it should be a primary use. Councilwoman Fallin said she f eels 12 bedrooms is entirely too large. Councilman Isaac stated he is not in favor of pursing the land use incentives not only for the reasons listed but also because this is moving away from the tourists services like transporta- tion, skiing and restaurants, and away from the commercial core. Councilman Isaac said this will be creating traffic where it is not wanted; there is not adequate parking and no adequate public transportation. Councilman Tuite said when trying to save the neighborhood and historic character, if the immediate area is willing to live with some uses to save the neighborhood, then the city should not throw out any particular incentive. Mayor Stirling said the P & Z spent a lot of work on these incentives. Mayor Stirling pointed out there are already short term and boarding house-type uses, and diversity of uses is a positive thing. Welton Anderson, chairman P & Z, strongly urged Council not to throw out the land use incentives. Anderson pointed out it is not known what effect these will have, and if it is perceived to be a negative effect now and these uses are thrown out, no one will know about the uses. Anderson said the city can reassess these uses in 2 years, and the uses can be changed. Anderson noted the present highest and best use f or this land is not a little Victorian house. Anderson questioned what price is higher for the neighbors to pay; keeping a Vic- torian house and allowing a modest expansion versus a brand new, setback to setback house. Anderson said the city has got to be adventurous and go in with as many reasons as possible why someone would want to save a Victorian house. Mayor Stirling encouraged the Council to continue to look at these incentives and to have a work session. Mary Martin suggested owners of 10 Re-auia~ -Me~-rnr-----------__.____-__A~n- C-ity Council July 27 . 1987 houses scored 4 or 5 be invited to the meeting to talk about incentives. If the owners of these houses do not want these incentives, why bother with them. Mayor Stirling moved to continue the historic preservation incentive discussion to August 10, 1987; seconded by Councilman Gassman. All in favor, motion carried. RRPOR~-6i'~-_H f~QRi~~~-Pi~f~R~YM~ Councilman Isaac asked what is happening with the Colorado Historic Program and the grant application. Steve Burstein, planning office, said staff is waiting to hear. Councilman Gassman said he feels there is a very human tendency to turn guidelines into regulations and he would resist that. Councilman Gassman pointed out the spirit when the old buildings was laissez faire, and asked staff to remember that as part of the spirit when writing the guidelines. Burstein told Council he intends to write a clear introduction to explain these are guidelines and not regulatory. The committee will implement these on a case by case basis where they fit. Sally Roach said it is important to keep in mind that these are guidelines only. Ms. Roach told Council one applicant has already been subjected to the guidelines and told that is the way they were to build their structure. Ms. Roach said she is concerned in seeing disincentives already being documented in the financial incentives memorandum. Steve Whipple said the guide- lines in Redstone were presented as suggestions only and they have worked effectively. Whipple said he feels it would be a mistake to shut the door on the diversity that has occurred. Mayor Stirling said the guidelines do not become law. RE P~~-~I-i~~i~ ~ ~~ ~_ S~A~T ~Ydi-E-NT Cindy Shafer, finance director, introduced Jerry Alger, partner of Grant Thornton who has done the city's audit for 3 years. Ms. Shafer said the city is required by the Charter to have an audit annually to be done by a registered public accountant with experience in municipal accounting. Grant Thornton has con- siderable experience in municipal accounting and also audits Pitkin county. Ms. Shafer told Council 1985 was the third year the city was awarded a certificate of achievement for excellence in financial reporting. Ms. Shafer stated the preparation of the 1986 statement was one of the most effective and efficient audits the city has been through. Ms. Shafer said this is attributable to experience of the city's staff and the auditors. The internal control report addresses any concerns the auditors come across. 11 R~e a u l-a-r --~e-et~.rru--_._ ___. _ __------- As~e-rr __~ tv - C-o unc~ .T ~r1 v 27 . -3 9 8 Jerry Alger told Council in 1986 there was a downturn in the revenue structure of the city for the governmental fund. There is an excellent commentary in Ms. Shafer's letter. Alger said expenditures were up in capital outlay, but overall the city came out well for the year. There were some reductions in fund balance, but they were all controllable. The large one was in special revenue in the land acquisitions, which is a planned expenditure. Alger told Council in the budget versus actual numbers, the overall controls are very good. The balance sheet looks similar to the prior year, which shows financial stability for the city. Overall the city shows a good position in the balance sheet. Alger said the enterprise funds get some sub- sidies from transfer but are in pretty healthy shape. Alger cautioned Council to watch the water funds. Mayor Stirling asked about the enterprise fund for the ice rink, which is always subsidized, and if Alger wold recommend melding it into the general fund. Alger said the classic definition of enterprise is that the user charges are intended to support the operations. Alger said if that criteria is not met, there is the possibility to put that fund into the general fund. Alger said by doing that, the ice rink would get melted into a lot larger numbers and the city could lose sight of what is happening in that fund. Alger said from an accounting standpoint, the ice rink fund could be put into the general fund; however, the information should be kept on a separate basis. Alger told Council there are no instances of non-compliance with federal revenue sharing compliance. Alger pointed out the internal controls and client advisory comments are repeated f rom last year and contain the current status. Alger told Council in all but one case these have been implemented and complimented the city. Alger said the one is the internal audit function; the auditors have recommended the city consider this f unction. Alger said this position is not common in every city but it could serve a good purpose. Alger suggested the city look at this from the standpoint of cost versus jus- tification. Alger suggested looking at exploring this with the county. Ms. Shafer told Council when the staff received this comment last year they determined it was an area to review when the management audit was done. The management audit was not done, and staff did not look at a cost benefit analysis of that position. This should be reconsidered at budget time and should be a f unction independent of the finance department. Anderson agreed this should be looked at in terms of the city/county question. Councilman Tuite agreed strongly on a central purchas- ing position for the city and county to take advantage of bulk purchases. This should be worked on in the future for cost savings and efficiency. Alger said the controls can be monitored more closely when there is one system that everybody follows. 12 ~qu1'ar-----I~'~e~et-:rnc,~---- _ __-_-- ~__ .__ men---city Council Jam:? Y 2~7 . 19 87 Wainwright Dawson said it is a logical move of the auditors to see how the city and county finance departments could be inte- grated and what the priorities should be and to make recommenda- tions. Councilman Isaac asked if the auditors have seen any where the city could affect greater savings. Alger said he would have to give that some thought. Mary Martin asked what balance the city will end up with. Ms. Shafer said compared to budget in the general fund, there is about $50,000 worth of savings from what was anticipated. The fund balance on a cash basis is $1,300,000. Councilman Isaac moved to accept annual financial report for the seconded by Councilwoman Fallin. the city of Aspen comprehensive year ending Decembe r 31 , 19 86 ; All in favor, motion carried. Ms. Shafer told Council the last time the city bid for auditing services, a three year term was anticipated. Ms. Shafer sug- gested Council extend the audit with Grant Thornton for another 2 o r 3 years , and then go out f or bids again. City Manage r Bob Anderson told Council 5 years with one auditor is an appropriate time, and the audit should be re-bid at that time. Councilwoman Fallin moved to direct staff to negotiate with Grant Thornton for auditing services for years 1987 and 1988 audits; seconded by Councilman Gassman. All in favor, motion carried. B-AN~ I NG---S`ER~~E:~i -~i~ Cindy Shafer , f finance director, told Council the city has had their banking services performed by the Bank of Aspe n for the past several years. Ms. Shafer said the city does not currently have a contract with the bank. The city went through a bid process in 1982 and accepted requests for proposals; a formal contract was never signed. Ms. Shafer recommended the city go through another request for proposal process and accept bids. Ms. Shafer said the city staff is not dissatisfied with the Bank of Aspen, but it is time to review the relationship and to get a signed contract. Ms. Shafer proposed Council set up a public committee to assist the staff in developing a proposal. Mayor Stirling asked why this cannot be done at staff level. Ms. Shafer said it can be done at staf f level; however, when the audit was bid, outside citizens were involved and there may be some advantage to involving people who have more experience in dealing with banks. Mayor Stirling said the city has to be very careful in a committee like this because of people being involved in the local banks. Mayor Stirling said he would prefer not to use a committee and have the recommendations come f rom the staf f level. Councilmembers Isaac and Fallin agreed. 13 • Ttr~1,w _27: 198 Recta l ar--i~e-e t-r~r~ct--- _._--.---_._ _.___ -As~~rr- -C~t~ - ~o-a-rrcz i. ago. Walla recommended a short term moratorium on the issuance of new licenses, not transfers. Walla said the restaurant association would like some procedures implemented so that applicants would know what to expect. Walla suggested Council look at redefining the neighborhood, rather than the entire city limits. Walla said the burden has to be put on the applicant to prove that the needs of the neighborhood have not been met. Councilman Isaac pointed out there is not a limit on other types of businesses. Walla said the state of Colorado has decided it is within Council's authority to examine liquor licenses. Walla pointed out restaurants are different from other businesses because of the capital involvement. Walla said the free market theory, which Councils have stuck to, has to have the profit incentiv e in it also. Mayor Stirling closed the public hearing. Councilman Isaac moved that based on the evidence presented at a public hearing held July 27, 1987, relating to the application of Syzygy Ltd. , for a three-way liquor license, the Council finds that the needs of the community have not been met and that the 1 icense as applied for is hereby granted; seconded by Council- woman Fallin. All in favor, motion carried. Council scheduled a work session for Monday, August 31, 1987, with the restaurant association to discuss the issue of the number of liquor licenses. ~Dp~-g--L~~N-gE - Aspen Skiing Company Alan Richman, planning director, said this is a request to renew the vendor's license for the kiosk that sits on Dean street. Richman also requested authorization for him to amend the SPA plan to reflect the new location for the kiosk. The third request is for authorization to amend the SPA plan for location of the kiosk on Hunter street. Richman told Council he is not supporting the requested location on Hunter street. Richman reminded Council they granted a vendor' s 1 icense to the Aspen Skiing Company in April 1986. This vendor's license allows the Skiing Company to sell tickets out of the kiosk on Dean street, which is a public right-of -way. Richman told Council the city received a renewal request f or this vendor' s 1 icense in April . This request has not come to Council until July because staff has been working with the Skiing Company as well as adjacent property owners in an attempt to resolve the issues surrounding this kiosk. Richman passed out some photographs illustrating some problems the kiosk has caused for residents of North of Nell. Richman noted these photographs demonstrate several condominium owners have the kiosk right in their view towards the mountain. 15 Re-atx~a-r --i~e-e-t i-nu--- ---____~__ _.__ sue rr -C-i ty _~Coun c i i ~ uY ~__ 2 3~ .. i 9 87 Mayor Stirling asked if Richman feels under the specially planned agreement, that he has the authority to deal with both reloca- tions. Richman told Council it is clear from the Code he has the authority to deal with relocations. Mayor Stirling said the only action required of Council is whether they are willing to renew the vendor's license. Mayor Stirling asked Council if they wanted to review the locations for the kiosks. Councilman Gassman agreed with the interpretation of the SPA agreement. Councilman Gassman pointed out Council's clearest goal was faster, more efficient Council meetings. Councilman Gassman read from the vendor's agreement, "Vendor may position kiosk of such design and such location as approved in writing by the city manager". Councilman Gassman said there is no reason for Council to discuss this. Councilwoman Fall in moved to renew the Aspen Skiing Company's request for a vendor' s license; seconded by Councilman Gassman. Mayor Stirling said the vendor's license term is one year. Bill Kane, representing the applicant, said ideally they would like a much longer term but that is required by Code. Council agreed they have granted the authority to Richman for the location of the kiosk. Richman said when there is controversy on something he has the authority to sign off on, he likes to advise the Council to make certain they agree. Richman told Council there is a lot of controversy about the kiosk on Hunter street, and staff is not able to sign off on a location for the kiosk. There is general agreement on the Dean street kiosk but there is not specific agreement. Richman told Council he, the city engineer and the applicant are in agreement, but the city manager is not. Councilman Gassman said this is a design problem, and giving the authority to the design arm of the city is entirely appropriate. Mayor Stirling pointed out one of the kiosks is in the public right-of-way. Joe Edwards disagreed that the authority is with the planning director, according to the specially planned agreement. City Attorney Taddune pointed out the emphasis is on the vending agreement, not the planning aspect. Richman told Council the argument has been made there are technical design considerations which were not taken into account at the time of the original SPA approval. It is clear that the Dean Street kiosk does not work in its present location and it needs to be moved for technical reasons. AS-RE-i~fi ID£ Mayor Stirling said the mudslide occurred in June 1984, and the city committed initially to money. Mayor Stirling asked how much has been spent to date. Jay Hammond, city engineer, said the city has spent about 515,000. Both the county and Skiing Company 16 --e-ity - -e. txrr~ ' ~~Y._. ~~_ ~ __ 198-7 have participated. Hammond told Council this proposal from Chen & Associates represents the next stage in review, monitoring and mitigation of the landslide situation on Aspen mountain. Hammond reminded Council the city has participated in this on a shared basis with the Skiing Company and the county. Hammond noted the elements of the problem have created an interest in sharing in the costs because the slide area is in the control of the Skiing Company; the areas where the slides occurs and where the Dago road cut are in the county control, and the develope d properties that are most threatened by the situation are within the city's jurisdiction. Hammond told Council the county is not f ormally committed to this proposal but staff will be talking to the Commissioners about sharing this cost. Hammond explained each stage of expense has told more and defined the next 1 evel of expense. Hammond t of d Council the total expense f or this proposal is $141,300 including instrumentation, monitoring, engineering evaluation and design Curt Stewart, Aspen Skiing Company, told Council included in this cost is piping along Dago road to keep further water out of that mass, which is to be installed this summer. Hammond told Council this summer excavation of the New York tunnel was completed, which was one of Voight's recommended procedures to see if there was water in that tunnel. Councilman Gassman said he is not clear if this proposal is a final product or just one more step. Hammond said this is a steppe d process. There is correspondence from Chen related to mitigation. This step is exploratory and investigative. The total figures speculated at are between $200,000 to $300,000 in additional expense for full mitigation. Stewart told Council the Skiing Company is not waiting to take this next step; it has already happened. This work has been underway since spring based on the decision they did not want to lose one more year. These costs have been fronted by the Skiing Company. Stewart told Council the slide is approximately a 60 foot density of over burden which has a lot of moisture in it and which is moving. This is not moving at any great rate. The question that has not been answered is how deep it goes. Stewart said to answer that question, they are planning to drill a 350 foot hole to find out if there is moisture that deep. Stewart said the key to keeping that soil in place is to make sure it does not get more water in it. Another way to keep it from sliding would be to find deep pocket water. Stewart said the program is a monitoring process, and doing what can be done to keep moisture out of the slide mass itself. Stewart said he does not feel anyone can say there is an absolute fix to this. Hammond told Council the bulk of this work has been done. 17 _ ~_ . 1 ar - Mee-ertrnu--__.._.._--------~~s~~r_ fit Cau~rrc-ii .~ -27 _1 g$7 City Manager Bob Anderson recommended the 1/3 split be continued. Anderson said a lot of time and money could be spent determining whose final responsibility this is. Anderson said he would rather see the money spent constructively moving toward the solution. Councilwoman Fallin said the mudslide happened 3 years ago, and asked why money was not put in the budget f or this last fall. Hammond said this is something he will be doing in the future. Hammond said he will be considering the larger figures for the on-going program in the budget process. Hammond said during 1 ast year ' s budget process he did not have a specific proposal in hand. Councilwoman Fallin said she is not willing to give this money but is willing to listen to a proposal at budget time. Councilman Isaac stated the work has been done, and the city has been involved in the program for 3 years. Councilman Isaac said it is incumbent upon the city to play a part in protecting the property. Councilman Isaac said it would be irresponsible of the city not to contribute. Councilwoman Fallin asked why another consultant was hired instead of Dr. Voight. Hammond told Council he discussed with Voight carrying this program on. Voight was very insistent on being directly in charge of the work and being in Aspen. Hammond told Council Voight's rates are very high and there was comparable expertise available on a nearer basis. Hammond told Council Dr. Nieto was recommended and has extensive work in problems of this nature. Councilwoman Fallin asked if the mining operations on Aspen mountain are impacting this problem. Stewart said there is no evidence that what is going on now is contributing to the problem. Mayor Stirling said this would completely deflate the contingency f und. Mayor Stirling moved that Council consider this request during the 1988 budget hearings and to review it favorably at that time, as well as to look funding for future solution; seconded by Councilwoman Fallin. Councilman Tuite said f unding it this way could make the city a year behind. Councilman Tuite said these studies have already been done, and the city should address it now. Councilwoman Fallin and Mayor Stirling in f avor ; Councilmembe r s Isaac, Tuite, and Gassman opposed. Motion NOT carried. Councilman Tuite moved to approve the request for $47,100 to support the on-going monitoring of the Aspen Mountain landslide area from current revenue surplus and prior year fund balance; seconded by Councilman Isaac. Councilmembers Isaac, Gassman and Tuite in favor; Councilwoman Fallin and Mayor Stirling opposed. Motion carried. 18 • ___~____- -Co-un~zl ~IIiv . ~~ .~- 1.98 Rer~r~ a-r-- -M -~ue-n _ City _ 3~K-1-- ~~-~ -~i-6i~1 Mayor Stirling moved to pass favorable the resolution presented by the ARC group; seconded by Councilman Tuite. Richard Roth, ARC, presented communications from a U. S. Senator, Congressman, Governor of Colorado, two state senators and a state representative. There are also letters from the Rocky Mountain News. Roth said the theme of these letters is that the pricing announcement of the Skiing Company was inappropriate and that a $35 lift ticket may have a negative impact to the Roaring Fork Valley and to the entire state of Colorado. Roth said the resolution is asking that the Ski Company reconsider its $35 lift ticket price. There is a community committee being formed and this would be an appropriate item for them to discuss. The resolution asks that the forest service use its clear authority on reviewing lift ticket prices and hold public hearings on this matter. The resolution further asks that the Council make a clear and public statement on behalf of the community welcoming all visitors. Roth asked why Council should take a stand on this issue. The community provides parking, airport and terminal, streets, stores, lights, water, electricity, transportation, police and fire protection and amenities in support of the Skiing Company. Roth pointed out the visitor skier spends at least 17 hours per day in the community. Roth said if the forest service is going to allow rate increases, these rate increases should show a responsiveness to the community's commitment. Roth said this response could take the form of a reasonable and affordable pass for locals who help create many quality elements of a ski vacation. Roth said the public is a third party in the relationship between forest service and Ski Company. Roth said the concern about the ski lift prices has been met with apathy by the f orest service. Roth said there has been no opportunity provided to give their views to the forest service, who made their decision in Washing- ton D.C. not to review prices or seek public input. Roth said this reflects concern for no other group than the Skiing Company. Roth said an agency of the federal government that is charged with the beneficial administration of public land for the people must consider the benefit to be derived by all the people. Roth said increased profit was the only motive for the 21 percent increase on Aspen mountain tickets. Roth quoted from the forest service manual, which states "concession permits are issued to provide an essential public service and not primarily to afford a profit making venture for the permittee" . 19 • ~tr~ 27 . -i 987 R~ui-a-r--i~ee+t-rrrg- -_ _..__.___ ~ep~---~rty.__Caun~r -y- - - - - Roth said Philip Mahoney, then-city manager, stated in 1975 "the problem we are having in this community is directly traceable to the forest service. We have many strong, independent entities in this valley; a strong ski industry, and an equally forcible government sector. We have conservationists and developers. We have those for the ski trade and those against it. Most of those issues we face in the community, there are certain ground rules to the game. They can be resolved in the marketplace, the courts or by the political process. We understand this process. In this issue we are facing today, there are no ground rules. We don't know what is going on. The f orest service says they are regulating the use of our public land. Everyone with the exception of the forest service agrees they are not." Roth quoted from then-Mayor Stacy Standley, "The issue is a need for a process that incorporates the welfare of all parties in a f orm in which all can be assured of fair treatment. I wish to emphasize that forest service decisions on land use to recreation and prices charges, theref ore, has a substantial impact on local communities that are improperly considered under current proced- ures." Councilman Isaac commented he is hesitant to turn over to the forest service the decision making process about ski tickets because this is taking it out of the local community. The Skiing Company has agreed to set up a committee to discuss ski pricing and other issues. That will leave the issue in the Pitkin county environment. Councilman Isaac pointed out the forest service personnel are not elected nor do peopl a know who they are. The forest service has made it plain they are not interested in being involved in the process, and there is no benefit in trying to force this on them. Councilwoman Fallin said if the forest service gets back into the regulations business, they will look at ski areas f rom Calif ornia to Vermont and look at a price structures for all areas. Councilwoman Fallin said this means consumers cannot shop for a better price ticket. Councilman Gassman said he has a hard time with the idea that life is made better with more regulations, especially legislating prices. Councilman Gassman said he cannot see what will be achieved by only attacking 15 percent of the problem, and lif t ticket prices are about 15 percent of a visitors expenditures. Councilman Gassman stated it is not fair to single out one aspect of the cost. Roth said the difference is that this is public land; ARC is not asking for regulations of prices but for public hearings and to let the forest service determine if the prices are out of line. Mayor Stirling said he is loath sector, but the federal government special use permits because this is to tamper with the private did place a regulation in the public land. Mayor Stirling 20 19.87 ~-s-~e-rr- ~~tv _-f=o txn c-i i ~ - _ ~7 ~ . said this resolution is to reassure the public that there would be hearings on ski pricing in the White River National Forest. Mayor Stirling said it is reasonable for Council to support a request that the forest service hold public hearings for use on public lands. Councilwoman Fallin said she would like to see what the advisory committee recommends. Councilwoman Fallin said the resolution would be better to ask the forest service to have public hearings on all their public lands. Mayor Stirling said CAST is consider- ing a resolution at their October meeting. Councilman Tuite said he is not prepared to ask the Ski Company to reconsider their prices for 1987-88; that is done. Councilman Tuite said he does not have a problem asking the forest service to review and regulate because that is a law. Mayor Stirling in favor; everyone else opposed. Motion NOT carried. Mayor Stirling moved to amend the resolution to delete the clause stating, "the City Council urges the Aspen Skiing Company to reconsider its prices"; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Isaac and Gassman. Motion carried. Councilwoman Fallin said she was voting only to remove that clause, not for the entire resolution. Mayor Stirling moved to adopt the resolution eliminating the clause stated above; seconded by Councilman Tuite. Spencer Videon, Aspen Resort Association, pointed out the resolution is still requesting the f orest service to review the pricing based on determining its impact on the local community. Videon urged Council not pass this as the forest service should not be looking at prices based on how it impact the local community because they cannot do that. The forest service can look at gross f fixed assets, skier visits, uphill capacity per hour. Videon said by approving this is automatically asking f or a roll back in prices. Jerry Blann, Aspen Skiing Company, pointed out the overall weighted average increase is 10 - 12 percent in the pricing strategy. Blann reiterated that 530,000,000 has been spent on the ski mountains here. Blann said if the owners of the Ski Company anticipated there would be hearings every year to examine the prices, the level of invest- ment and optimism would not have been there. Blann said he feels there were a lot of liberties taken with the petition passed. Blann said the way he read the petition was a public forum to discuss these issues was being requested. That has happened, and 21 i ar- -it i-n~u----,-_ __ ___._ ~A.~ue rr- -~ i t~- ~-o~u rr-~i 1 .ctrl v- 2 7 ,- i g8 the Skiing Company hopes to continue the community involvement process with the committee. Mayor Stirling and Councilman Tuite in favor; Councilmembers Isaac, Fallin and Gassman opposed. Motion NOT carried. E-S~`---i~-~'U~idD~S - Ice Garden Safety Improvements Councilman Isaac moved to approve the safety improvements of $7800 to be paid out of salary savings; seconded by Councilman Gassman. All in favor, motion carried. p}~-I-~~- ---1-~8~ - Rescinding Ordinance # 15 , 19 8 7 Councilman Gassman moved to read Ordinance #31, Series of 1987; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin. Motion carried. ORDINANCE #31 (Series of 1987) AN ORDINANCE REPEALING ORDINANCE N0. 15 ( SERIES OF 1987) WHICH ORDINANCE PROVIDES FOR THE REPEAL OF THE ALLO~+~TANCE TO RETAILERS OF 3.3$ OF SALES TAX COLLECTED TO COVER RETAILERS' EXPENSE FOR THE COLLECTION AND REMITTANCE OF SALES TAXES WHICH ORDINANCE WAS TO BECOME EFFECTIVE JULY 1, 1987 was read by the city clerk Councilman Gassman moved to adopt Ordinance #31, Series of 1987, on first reading; seconded by Councilman Tuite. Spence Videon, ARA, told Council he has done a survey of the local businesses about this issue. They have a 17 percent return with 80 percent in favor of rescission of this ordinance. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Isaac, yes; Fallin, no; Mayor Stirling, yes. Motion carried. pR~I -1-9-8-7 - F 10o d P1 a i n Mayor Stirling moved to read Ordinance #32, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #32 (Series of 1987) AN ORDINANCE AMENDING SECTION 7-141(c) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO SET FORTH REQUIREMENTS FOR APPLICATIONS OF BUILDING PERMITS IN FLOOD HAZARD AREAS FOR THE PURPOSE OF MEETING THE 22 Re-~u l _ __-_ As~rr-~~ itv---C~unc~i i ?~-_ _27 ~ _ 19-87 MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #32, Series of 9187; seconded by Councilman Isaac. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Tuite, yes; Gassman, yes; Mayor Stirl- ing, yes. Motion carried. Councilman Tuite moved to suspend the rules and extend the meeting 10 minutes; seconded by Mayor Stirling. All in favor, motion carried. - Aspen Auto Fest This is a request to use the ball field at the Rio Grande for an auto fest. Bill Efting, parks director, told Council he has had auto fests in previous cities. Efting said in September he feels there are more locations than this ball field. The turf area is very fragile; there is the possibility of ruining the sprinkler heads. Councilwoman Fallin asked why they could not use the parking lot. Councilman Tuite said the applicant feels the grass area will give a better look and feel to the auto fest. Councilwoman Fallin moved to authorize Bill Efting to work with this group to stage the auto show in the Rio Grande area but some place other than the playing field; seconded by Councilman Isaac. All in favor, motion carried. Councilman Tuite moved to table this to August 10, 1987; seconded by Councilman Gassman. All in favor, motion carried. P-i~ ~ i~N- ~'f3~~N~i'-- -~~t Mary Sue Kennsington said she has been able to obtain insurance for the fair location at Buttermilk; however, she would like permission to use the Rio Grande as a back up site. Council agreed they have already given permission to work with staff and that the Rio Grande could be used as a backup site. C@N~ENT•--A~`RN~7A Councilwoman Fallin moved to table until after the Court hearing July 28, 1987, the Downtown Sports Center; seconded by Councilman Isaac. Paul Rasmussen, applicant, told Council he had a liquor violation and is going to court on this July 28, 1987. Rasmussen said he would have to be shut down if he has to wait two weeks. Councilwoman Fallin said Council should follow the rules and should not be granting a renewal until this is resolved in Court. 23 -- __ ____._.~_ A-e~-~ern.-e-ity-Cortzrrci 1 ,= r~ . _2 7 : _ 19 $7 Rasmussen told Council his violation is for being open after hours and having glasses around. Rasmussen told Council he was not present, and this is against his rules. Councilwoman Fallin moved to table this until the August 10 meeting and that an extension not be granted until after the court date; seconded by Councilman Isaac. Councilwoman Fallin amended the motion to table this until the continued meeting July 28 at 7 p.m.; seconded by Councilman Isaac. All in favor, with the exception of Councilman Tuite and Mayor Stirling. Motion carried. Councilman Isaac requested Pisten Bulley be taken off the consent agenda because of the negotiations with the Nordic Council. City Attorney Taddune said this should be done by ordinance and will be presented at the next Council meeting. Mayor Stirling moved to table the Pisten Bulley Agreement to the August 10 meeting; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac said the Canyon Cable Tv agreement states they will be undergrounded all through the city. Assistant City Manager Mitchell said the ordinance requires them to underground wherever undergrounding occurs. This statement is in the cable agreement that was adopted 3 years ago. Mayor Stirling moved to approve the consent agenda; seconded by Councilwoman Fallin. The consent agenda is minutes June 8, 22, 1987; Cable TV Agreement; Quarterly Finance Report; City Hall Open House; Special Event Permit - Junior Hockey. All in favor, motion carried. Assistant City Manager Mitchell told Council the houses offered by Dick Butera are not imminent of being demolished. Mitchell told Council he will have to find a location to move or store these houses. Mayor Stirling moved to direct the city manager to follow up on these two houses and report back August 10; seconded by Council- woman Fallin. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling moved to continue the meeting to July 28, 1987, at 6:30 p. m.; seconded by Councilwoman Fallin. All in favor, motion carried. Council left Chambers at 9:20 p.m. ;' . ;/~ ,,- , --- ~ ~: ~". ._ Kathryn Koch, City Clerk 24 continued Meeting -- Aspen Ctv Council _~.~.y 28. 1987 Mayor Stirling called the meeting to order at 6:30 p. m. with Councilmembers Gassman, Fallin, Isaac and Tuite present. RIO GRAND- PROPERTY Mayor Stirling said the concerns are misuse by the city of property purchased with open space funds, using the property as a snow dump, the possibility of dumping debris into the river, the issue of the city never getting stream margin review to deal with the river bank at the Art Museum. Mayor Stirling noted in the past 4 years Council has looked at a snow melt machine and has targeted all sites possible to use for a snow dump. The Council talked to the sanitation district about using their property and also discussed buying the sanitation district property to use as a snow dump. The main issues are distance and the costs in- curred. Another possibility was using the donated portion of the Marolt property as a snow dump. Many people objected to that as they felt it was part of the open space. Mayor Stirling said none of the sites have worked out as an alternate solution. Jay Hammond, city engineer, told Council the city previously dumped snow at the sanitation district site until they built employee housing on that site in 1980. Councilman Isaac pointed out when Council bought the Aspen One property, it was being used as a lumber yard. It was threatened with development, which is why the city bought it. Hammond presented Council a packet of material containing a 1985 memoran- dum listing 13 potential sites for the snow dump. These include the Koch lumber property, the Marolt, the Thomas properties, Molly Gibson park, Zoline property, water treatment plant, Airport Business Center, Elam property, city/county dump, Diane Smith property, Stein ranch, Jimmie Moore's property, Art Pfister property and Iselin park. This list includes properties that the city owns and properties that the city does not own. Hammond told Council staff looked at parcels about 2.5 to 3 acres that could conceal a snow dump. Hammond told Council staff tends to link the snow dump and impound lot; they are both problems of comparable nature. They are both unsightly and both need to be dealt with. Hammond said there are impacts related to the haul distance, which relates to the city's ability to serve the downtown area for snow removal. Hammond told Council currently staff goes into the commercial core in the early morning when cars are not on the streets, use a motor grader to haul snow out of the curbs and gutter and into the center of the street creating a windrow. The city then uses a blower, which is capable of filling a 10 yard dump in about 50 seconds. The city can fill a truck 37 times in an hour. The round trip, using a 4 truck fleet, is about 6.5 minutes to the existing snow dump. Hammond said the addition of 1 C-ontirrued Nie-eti_rrg _ _- __.__.._ __~~.~n__City Council - _ -_ _ ~_ July 28, 1987 mileage to the haul distance results in an additional truck and operator for every quarter mile of additional distance to the dump site, assuming the same level of service. City Manager Bob Anderson said the city can get larger trucks to haul the snow; however, there is a limit to the size of trucks. Hammond told Council the additional truck and driver translates into an annualized cost of 555,000 per additional truck. Hammond gave Council an article regarding contamination of snow dumps with a list of criteria that are considered appropriate for a snow dump location, like a disposal site, a site close to a truck route or heavy duty road away from residential areas, etc. Hammond pointed out the routes to the existing snow dump site are pretty much out of residential zones. Anderson stated positive points about the current location are its proximity and the city owns the property. The negative points are with the snow are cinders and rocks and trash that are picked up during the process. Hammond told Council in the spring, the city uses a grader to windrow the material that has settled out of the melting snow, load it out and haul it to the dump. The city has been using the snow dump site as a sweeper transfer site. The sweeper that operates in town has a 4 cubic yard capacity. It is filled up, driven to the snow dump site, unloaded on the site. Some of that material was getting into the river, which is unacceptable. The city has stopped that and has pulled away from the embankment and dug out a low point so that the material could be confined and not allowed to flow to the river. This material is then loaded into a truck and hauled out to the dump. Hammond told Council in the area the city has been dumping, there has been a build up of material in the last couple of years. Hammond pointed out 5 to 6 cubic yards of material has been removed from the river adjacent to the Aspen One property to create secondary channels in an endeavor to open the flood plain to reduce problems in the area. Hammond told Council some of that material, at the direction of the Council, was stockpiled elsewhere on site and is in the back corner. Hammond told Council the city obtained stream margin review at the time f or river channel work, the restoration of the embank- ment at the Art Museum, and some channel work upstream from the Aspen One along Denise Reich's property. This work was permitted through the city's stream margin process and the federal permit- ting with the Army Corps of Engineers. Mayor Stirling said citizens are saying that the city went in and did work to save the Art Museum but when other citizens tried to do the same thing, they were red tagged or stopped from doing the same things the city did in an emergency situation. Hammond said that is a valid complaint and something the city should be very sensitive 2 Continued-~-Me~inQ---_ ----------_-As~~n -pity ~oun~i~: - 7t~1v 28., 1987 about. Hammond said the distinction of the Art Museum is that the structure was in imminent danger of the river taking out the embankment and taking the art museum with it. Hammond told Council in the other situations, the property was threatened but the homes were not. Janet Deane said there was a picture in the Ash me s. of the sandbags under a home. Because of the dirt fill going on across the river, the course of the river has been changed. The house itself was definitely under threat. The owner of the house was red tagged and stopped from putting up sandbags in an effort to save the house. This was a life threatening situation because there were people living in the house. City Attorney Taddune pointed out if the Art Museum was allowed to go downstream, there would have been a lot more damage to houses along the river. Taddune told Council said there were problems with what people were doing to the banks of the River affecting the hydrology of the river. Ms. Dean told Council during the flood threat, the city was pulling out trees by the Mill Street bridge. Owners across the stream asked to pull out their trees and were told they had to have stream margin review for this. Anderson said it seems there should be a different standard in emergency than in non-emergency times. Hammond said a lot of these particular instances was the high water and flooding in 1984. Hammond told Council in 1985, the city undertook the first level of material removal on the Aspen One property and opened up the first secondary channel. Hammond pointed out in 1985, the peak runoff exceeded the 1984 level and due to the changes in the channel made on the Aspen One property, the city did not ex- perience significant additional trouble at the Art Museum nor did the properties upstream. Hammond said the point that the Aspen One has been filled over time is correct; the old mapping shows about 3 separate channels and a wide, flat area in the bottom of the river. Hammond said by re-opening t hat channel, the city has begun to relieve some of the problems. Hammond said he is concerned there is an impression that the city's use of the Aspen One has been nothing but irresponsible. Hammond suggested regarding the fill, the city has done a lot to relieve the problem. Ms. Deane told Council Denise Reich tried to transplant a tree and was red tagged because she was within the flood plain area. Ms . Deane said Ms . Reich tried to replace a f ront door within that area. Anderson said these are not the things that the city typically catches. Bil Dunaway said it sounds like the city has a grudge against one of its citizens. Councilman Isaac said one of the neighbors keeps calling the city to tell them what is going on. Anderson told Council there is a community conflict resolution group, and he has talked to Ms. Reich about using that 3 Contnuesd--Mme-tine--_.__.__----------A,~p~n---City-f;-o-until -------------_ Jul 8., 1987 process. Anderson said this does not absolve the city from working out the problems they have. Dunaway said the city dug a trench on the property without a permit. Hammond noted the Code states that devo3-o~pme-~t within the 100 foot zone requires review. Mayor Stirling said the issue is would the city allow any other citizen to do something like that without review. Francis Whitaker said Council is discussing two different subjects at the same time; the snow dump problem and the 100 year flood plain problem. Taddune said when the city looked at the snow dump, the also reviewed the 100 year flood plain, and the snow dump activity was supposed to occur outside the 100 year flood plain. Hammond said it is within stream margin review area. Mayor Stirling asked if the city received stream margin review approval from P & Z. Hammond said he does not think so; in 1980 the Code required review of development in the flood plain and the temporary snow dump was not perceived as develop- ment. Hammond told Council he would have to look at the current FEMA regulations to see if review is required today. Anderson told Council in terms of use for temporary transfer of the sweepings, the city can cease that. Anderson said in terms of long term, if the city no longer uses this as a transfer site, they will have to locate another site, which will add costs. Anderson told Council one of the street sweepers the city is looking at has the potential of dumping into a truck. The snow dump is a much more massive problem, and it comes down to what is the community willing to do to solve the problem. Anderson said the city ought to be rigorous with themselves about the processes required. Taddune told Council his office relies on citizen complaints in order to enforce some of the rules and regulations. Taddune said in some cases, violations of the rules are inadvertent and his office uses a show cause procedure to give citizens an oppor- tunity to explain why the violation occurred and what they intend to do about it. Taddune said the same should apply to the city. Taddune said in terms of enforcement, the city is being treated the same way as private citizens. In all cases, if private citizens see something going on that does not seem right, they should contact the city immediately. Anderson said perhaps the organization has gotten so tied up in the letter of the law issue that the city is losing the question of the impact on individ- ual s . Anderson said some of these complaints are a symptom of something deeper. Mayor Stirling agreed this creates the adversarial kinds of feelings with city hall. Councilwoman Fallin said the 1985 memos have motions to direct staff to prepare an FPA plan and construction plans for the Rio Grande property complete with snow dump and impound lot, widen 4 Co~i-rrue-d-- Me~i-rnr- -----_-____---~s~~e-n -~-itv ~o un c i l -. _ -- _ _ trrl y - ~-8 . 1 X87 the river channel as necessary, provide landscaping berms and planting to mitigate the visual impacts, and to re-route the Rio Grande trail, and asked if this was ever done. Hammond said the memos are to give Council a background. The minutes of September 1985 direct the city manager to begin discussions immediately with the sanitation district to use their land as a site f or snow dump. Mayor Stirling pointed out at that meeting he raised the issue of leaving the snow on the streets, or cleaning the downtown streets and not the residential areas. Puppy Smith, streets superintendent, told Council the streets have to be cleaned otherwise they will become impassable; parking along the sides will be eliminated. Smith said the snow will accumulate along the sides and when it starts melting can go into busi- nesses. Dunaway said it may be time for the city to decide to have the snow dump at the Aspen One and to mitigate the adverse impacts. The city cannot seem to get rid of the snow dump but nothing has been done to improve the site. Councilwoman Fallin asked about the possibility of using the Jenny Adair park. Hammond said the Jenny Adair site is not large enough to handle the quantity of snow necessary. Hammond noted that any site used f or a snow dump will be devastated year round by that use. Hammond said he has discussed putting a berm around the existing site, and landscap- ing it. Councilman Tuite said vegetation is never going to grow on a snow dump site. Councilman Tuite said the site could be concreted so that it can be cleaned up. David White, P ~ Z member, pointed out the snow dump was illegally put on the property in 1981; it is now 1987. White suggested using 4 or 5 different sites for snow dumps and mitigating the impacts on these sites. White said something has to be done t o the snow dump site. Mayor Stirling suggested putting this on the August 10th agenda, have the staff summarize the issues of the snow dump and if this should be remanded to P & Z for stream margin review, and address the issue of the bank in front of the Art Museum. Whitaker asked Council to consider the underlying purpose f or which the Aspen One property was bought, which was to preserve the banks of the Roaring Fork river. Wainwright Dawson suggested that Council ought to have some plans for emergency procedures. Hammond told Council as of now, the city will not dump the sweeper material on the Aspen One site. Hammond said by the end of the week, the city will remove the pit and fill that berm back in to the grades that existed before, take the bulldozer off the property and move it to the shop. The old car shown in the photo has already been removed. Councilman Gassman suggested investigating the ponds at the golf course or the ski jumps at the bottom of Aspen mountain as snow dump sites. Councilman Isaac suggested the parking lot at the M.A.A. as a possible snow dump site. Dawson suggested the 5 C-a-ntinne-cl--M~ea------- _- -.-A~e~rr- -City . Cortnrc~i~- ___. __ ______ Tj,~ y _.__2..8_;....1--987 city may have a person to be contacted to resolve these types of complaints. Mayor Stirling said ideally citizens should go to the elected officials. Anderson said there may be room for a n ombudsman in the permitting process for citizens to use. L I(~D(~~~e`-R~Id-~~, - Downtown Sports Ce nt e r Paul Rasmussen, applicant, reminded Council they requested him to report back after his court date earlier this morning. Rasmussen told Council the Downtown Sports Center is a pool hall, and one night there was a pool match that attracted a large crowd and went on after hours. Jim True, representing the applicant, said there has been no specific statutory violation alleged by the police officers. True told Council what is alleged is there was consumption after closing hours. The district attorney and True both did not think there was any violation being alleged. There was an allegation that there was permission of consumption after hours. The applicant is contesting whether there was an actual consumption on the premises after hours. The district attorney has offered a plea of no contest to this charge in exchange for a deferred sentencing judgement. True said there will be a deferral of any judgement on this matter of a period of time. If there are no further violations, the case will be dismissed. True said for one violation to deny the renewal of a license would be overly harsh. True pointed out if there are a ny violations of this particular regulations, the court would have a significant remedy. True said the next court date is September 8th and the length of the deferred period has not been discussed. City Attorney Taddune pointed out the licensing authority may ref use to renew a license for any good cause, subject to judicial review. Taddune said if Council were to refuse to renew the license, they would have to do that on the basis of good cause and on concrete facts established in the course of a hearing. Mayor Stirling moved to renew the liquor license for Downtown Sports Center; seconded by Councilman Tuite. Mayor Stirling said this is a very different issue than serving and hiring minors, and promoting the dispensing of alcohol to minors. Those are broad community issues. Mayor Stirling said he views this as an isolated case and is not cause enough f or Council to deny the renewal. True told Council after the period of deferred sentencing, assuming there are no other violations, the case will be dismissed. This could take as long as one year from September 8th. All in favor, with the exception of Councilwoman Fallin. Motion carried. 6 .___-__. ~uiX 2 C-ant-rrnre d -- Asue-n---C .ty _~nunci i - . _._ - _ _ -1-887 Councilman Tuite told Council RFTA has looked at the plans for a transportation center at Rubey Park. The time line is very tight. The P & Z meeting is scheduled for August 11 and will hav e to wait for Council final approval until the next regular meeting of August 24th. Councilman Tuite requested Council continue their August 10th meeting to August 17 in order to give RFTA an extra week. Councilman Tuite told Council RFTA is not yet sure they are going to proceed with construction as they do not want construction going on during Christmas week. RFTA would like the best opportunity they have. Council asked Councilman Tuite to bring this up at the August 10th meeting. Councilwoman Fallin moved to adjourn the meeting at 7:55 p.m.; seconded by Councilman Tuite. All in favor, motion carried. Kathryn Koch, City Clerk 7