HomeMy WebLinkAboutminutes.council.19880620Mayor Stirling called the continued meeting to order at 6:45 p.m.
with Councilmembers Gassman, Isaac, Tuite, and Fallin present.
BALLOT ISSUES
City Attorney Taddune presented Ordinance #24 proposing an
additional one-quarter penny sales tax. Taddune told Council
this ordinance has been sent to the city's bond counsel. This
ordinance is a mirror of the 7-1/2 penny sales tax ordinance.
The purposes of this ordinance are in connection with a parking
facility, including capital improvements, capital expenditures,
land acquisition, general operation. Taddune said if Council
agrees with the one-quarter penny sales tax, they should adopt
this on first reading and staff will work on it between now and
the second reading. Councilman Isaac asked why the Rio Grande is
not mentioned. Councilman Isaac said the city has a specific
plan, and he does not want the voters to think that the question
is not specific. Taddune said he could add the Rio Grande to the
title. City Manager Bob Anderson said there is the issue of this
being an on-going tax, and there is an on-going problem.
Councilman Isaac said if the city wants to continue the funding
and build another parking structure, the city ought to take that
issue to the voters. Councilman Isaac said this question should
be specific and for a specific parking plan. Councilmembers
Fallin and Tuite agreed. Councilman Gassman said one reason
questions have lost in the past is because the voters see the
city coming up with a lot of money and no plan.
Councilman Tuite said the wording which discusses what the city
can use the one-quarter cent sales tax states, "providing that
the City Council may amend or change said ordinance except as to
the percentage of tax". Councilman Tuite said he feels this
language will hurt the question with the voters. Councilman
Tuite said the ordinance also states the Council "may" repeal
said tax. Councilman Tuite said he would like this changed to
"shall repeal". Council requested that this ordinance be changed
to make it more restrictive. Mayor Stirling suggested the
ordinance state for the construction of a parking facility on the
Rio Grande property, and that the ordinance is more precise about
any adjunct things that have to be done with a parking garage.
Taddune said Council can adopt this on first reading at their
regular meeting on June 27th.
Mayor Stirling said he has concerns about the enormous contin-
gency fund that is being built up. Anderson said if there is a
ballot issue set forth where the city can only spent the money
for certain things, that may take care of this concern. Assis-
tant City Manager Mitchell said the city is going to want to have
an endowment fund to continue maintenance on the parking garage.
Mitchell said the staff worked out some different scenarios. The
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Continued Meeting Aspen Citv Council____ June 20, 1988
one going out 20 years would give the city a fund balance of $1.6
million in the year 2000. There is a scenario of charging $1.00
for parking for 20 years, and one charging a $1.00 f or a 12 year
debt period. Councilman Tuite said he does not like the idea of
an indefinite sales tax. Mitchell said he feels the city should
not charge for the parking garage or people will park elsewhere
and not use the structure. Anderson suggested adding in the
ordinance that the sales tax will only be charged for a certain
amount of time. Mitchell said if the bond issuance is including
in the question, the 20 or 15 years will be in the question.
Anderson said if there is no charge for the parking garage, there
will be maintenance on the structure. Councilman Tuite said his
initial reaction is not to have a charge; however, when he sees
the figure, he may change this view.
Taddune said Resolution #17 is a draft and will be brought back
to Council at their next meeting. Taddune said he had the
question drafted for the authorization on the 1/4 penny and the
issuance of bonds in one question. Council had suggested two
questions. Council agreed it should be one question. Taddune
said Council should focus on the parameters of $6,200,000, 10
percent, 20 years in the question.
Taddune told Council in the Cap's question, he asked for clarifi-
cation on how many square feet. The question talks about an
exchange of 2200 square feet of city property for 600 or 700
square feet of Cap's property. This is not an equal exchange but
there may be compensation. Stoney Davis, Cap's, said the
proposed exchange works from the city's point of view. If they
bring the street close to Cap's front door, Cap's needs more
space to the east. Davis said this excess square feet will not
give them additional building capability. Councilman Isaac said
Cap's could sell this land. If the city gave them a 99 year
lease, it would not be saleable. Taddune told Council if this
question passes, Council will have to approve an ordinance with
the terms of exchange. Davis said by the city changing the
format of the Rio Grande, Cap's is giving up a great deal. Their
business and customer base will change. Davis said he has no
intention of paying for the additional square f ootage. Taddune
said he will change the question to say, "sale, disposition or
exchange of property". Taddune pointed out he did not specify in
the question the amount of square footage the city will get in
return. Davis said until the city gets working drawings on the
parking structure, they do not know how much of the east end of
Cap's is needed.
Taddune told Council the next two questions are on the Marolt and
Koch lumber property. Taddune told Council he needs to flush out
the issue of sale, exchange or disposition. Taddune said there
are a number of concepts that employee housing can be financed.
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Continued Meeting Aspen Citv Council June 20, 1988
Taddune told Council if the question limits the property to just
use rather than giving an entity the ability to own the land,
the city may be closing some doors. Councilman Isaac said he
favors the questions but they are very vague right now. Mayor
Stirling agreed these should be more precise. Councilman Tuite
said he would like the question to state not to exceed 10 acres
in the southern portion of the Marolt property. Councilman Tuite
said the city had a presentation showing two potential locations
for employee housing on the Marolt property; one on the southeast
and the other a little bit north of that. Councilman Isaac said
these questions are vague until the city has a real proposal to
take to the voters. Councilman Isaac said there should be a
proposal to show many employees and when it will be built by.
Mayor Stirling said this question will avoid the housing office
working on this for 6 or 12 months, going to a vote, and then
having it turned down. Councilman Tuite said he would like to
stick with the 10 acre portion that was a donation. There is
some historical background in the community for a housing site on
this, and it could be specific f or the voters. Councilman Isaac
said he would like to know number of units, who is going to build
it, how much it will cost. Councilwoman Fallin said she would
like it to be more specific, also. Councilwoman Fallin said the
housing authority has not come up with something specific; the
M.A.A has not addressed this. Councilwoman Fallin said this
question can be put off until the May election. Mitchell said
the housing authority has not provided any information on this
issue because they have not gotten a direction from Council. The
Council has said they want to find out if the voters are willing
to allow dormitory units on these properties.
Councilman Gassman said having a specific plan is not going to be
any more convincing to the voters than the question as written.
Councilman Gassman said at some point the question has to be
asked, do the voters want the city to build on open space. Mayor
Stirling said there was a Council vote agreeing to go to the
voters and ask for permission to use Marolt or Koch lumber for a
housing project. Mitchell said Council puts a generic question
to the voters or tells the staff to come back with a specific
proposal. Mitchell said he could get parameters for the ques-
tion, like not more than the 10 acres in the southeast corner of
th e Marolt property for dormitory housing not to exceed X many
units at a certain square footage. Councilwoman Fallin said she
would like the question to state who it is going to be used by.
Mayor Stirling requested staff to come back with that type of
language at the June 27th meeting and to do the same for the Koch
lumber parcel.
Si Coleman pointed out the question refers to the Koch lumber
property. Coleman said it sounds like this is asking for a
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Continued Meeting Aspen Citv Council June 20, 1988
commercial facility for employee housing, rather than asking f or
housing on open space. Coleman said this is misleading. Council
asked that staff be more specific in this question also.
Anderson asked if Council wants to say "dormitory style" housing
in the questions. Councilman Tuite said Council has said that
dormitory style housing is their first priority and he would
rather stay with that. Three Councilmembers favored inclusion of
the question including location, dormitory-style housing, number
of employees and square footage.
Taddune reminded Council they have a package on the Red Roof Inns
and Zoline parcel for golf course. Taddune told Council a woman
from Colorado Springs has put the city on notice that she is
expecting a commission on the Red Roof deal. Anderson said he
does not feel her claim is related. Taddune told Council the 2
questions were prepared by Andy Hecht. Mitchell said he f eels
the use of the Zoline, use of the Red Roof and expansion of the
Red Roof ought to be separate questions. Bil Dunaway said the
golf course question should include that there will be no
buildings. Mayor Stirling agreed the assumption is that this
will be purely open and not buildings. Mitchell suggested the
Zoline question should state recently acquired for open space
and recreation. Mitchell said the question should also state
that the rent proceeds shall revert to the open space fund.
Mayor Stirling said he would like the question to clarify that
the recreational trails will be available to the general public
in the summer and winter, and that the golf course will be
available f or public use. Taddune said this will be a 99 year
lease; the staff is not done negotiating this lease. Councilman
Tuite said the city should be treated as that they have the right
to earn a fair return for the open space fund. There should be
some escalation clause in the lease. Taddune said the lease will
have to go through an ordinance approval process.
Taddune said there are no parameters f or the Red Roof question.
Expansion of the Red Roof should be included. Mayor Stirling
suggested that the size of the expansion be included. Mitchell
said if the Koch and Marolt questions are not approved, the Red
Roof is not enough to solve the employee housing problem. If the
city wants to do an expansion of the Red Roof, they have to get
authorization from the voters. Mayor Stirling suggested use and
expansion of no more than 100 units and no more than 65,000
square f eet of the Red Roof Inn for employee housing. Anderson
recommended this be two separate questions; use of and expansion.
Council agreed with this. Taddune said limitations were put in
the original ballot question. Council said this should also say
dormitory-style housing.
Councilman Tuite brought up the water plant site for employee
housing. Anderson said there is land available at the lower
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Continued Meeting Aspen Cites Council June 20, 1988
portion of this site which the hospital is interested in.
Councilwoman Fallin said she would prefer to wait on this
question.
Mayor Stirling said Council will consider first reading of the
sales tax ordinance and the ballot questions at the next Council
meeting.
Mayor Stirling said there is a request regarding the 51,800,000
that Hadid has in escrow for Hadid to take out 5800,000 of it.
Councilwoman Fallin said she does not favor this. Taddune said
the current PUD agreement would allow this; the Code states the
guarantee shall be in the form of a cash escrow or a bank or
savings and loan association, site draft or letter of commitment.
Taddune said the applicants are trying to take the money for the
site improvements and use a letter of credit versus cash escrow.
Taddune said he asked if the applicants were going to leave
5800,000 in cash, and the applicants told him there were going to
leave 51,000,000 in cash and substitute the rest with a letter of
credit. Councilwoman Fallin said she is for keeping the
51,800,000 in cash as letters of credit may not be worth the
paper their written on. Mayor Stirling said he wants to know the
assets of the bank that is issuing the letter of credit.
Mayor Stirling moved to keep the 51 , 800 , 000 in escrow unless
there is a requirement of the code that the city has to release
some of this; seconded by Councilman Gassman. All in favor,
motion carried.
Mayor Stirling asked why the applicant is asking f or the cash.
Taddune told Council he wants to leverage it. Council requested
staff report back on this.
Council adjourned at 8:15 p.m.
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Kathryn Koch, City Clerk
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