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HomeMy WebLinkAboutminutes.council.19900529Regular Meeting Aspen City Council May 29, 1990 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 4 LIQUOR LICENSE AUTHORITY BUSINE SS 4 PARKING GARAGE RATES 4 PARKING GARAGE TENANT FINISH 5 REQUEST FOR FUNDS - RFTA Kaiser Study 7 TOWN MEETING FORMAT 9 ORDINANCE #38, SERIES OF 1990 - Bennett Condominiumization 9 ORDINANCE #39, SERIES OF 1990 - Amending Ordinance #9, 1990; Corkscrew condominium deed restricted housing 10 REQUEST FOR FUNDS - City Clerk Election Equipment 11 12 Regular Meeting. Aspen City Council May 29, 1990 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Tuite, Peters, Pendleton and Gassman present. CITIZEN PARTICIPATION 1. Andrew Corwin proposed an Aspen community summer concert annual free event. Corwin said this would be in the park. Corwin said this would further community spirit and would benefit the locals. Corwin said he could get a band this year for 1/5 the costs they usually charge. The costs to the city would be $8,000 to $10,000 which would include advertising, band costs, .sound and lighting. The city would have to supply the stage, electricity and seats. Reserved seats would be sold close to the stage to offset some of the costs. The concert would be 4 to 6 hours with local talent participating. Corwin told Council he would book and produce the event with a standard fee for these efforts. Bill Efting, acting assistant city manager, suggested this be put into the budget and planned for summer 1991. Councilman Peters said he likes the ides of a community concert; however, it would be better highlighting the off season rather than in the middle of the busy summer season. Corwin said if this is an outdoor event with no restriction on how many people can come, it has to be in July when the weather is better. Mayor Stirling said the Council only has $15,000 left in their contingency fund. Mayor Stirling moved to direct the city manager to follow this up and work with Corwin on this for the summer of 1991; seconded by Councilman Peters. Councilman Gassman noted that in the summer there are a couple of concerts going on every day; there is a lot of competition. Councilman Gassman said he has reluctance of the city getting into the booking business. Councilman Gassman said he would like to look at this along with all the other demands on Council's money. Councilman Peters said he feels the ARA and restaurant association should also be thanking the locals and they should participate in this event. Councilwoman Pendleton agreed this should be researched more. All in favor, with the exception of Councilman Gassman. Motion carried. 2. Bob Lewis told Council one cut on Independence pass has been stabilized. ERG is concerned that as traffic increases, there may be more accidents from rocks on the roads. There are 3 cuts that have not bee stabilized. Lewis told Council their goal is to raise $150,000 by the end of the year. Lewis requested a $10,000 pledge for 1990 and pledge for $10,000 for 1991. Cindy Wilson, finance director, told Council ERG received $10,000 from the 1989 budget 1 Regular Meetina Asoen Citv Council Mav 29, 1990 and $10,000 from the 1990 budget. They are requesting an addi- tional $10,000 for 1990 for stabilization. Carol O'Dowd, city manager, asked about in-kind contributions from the city. Bob Gish, city engineer, told Council the city's in-kind contributions are about $10,000. Mayor Stirling moved to put this on the June 11 agenda for further discussion; seconded by Councilman Tuite. Councilman Gassman said Council has a hard enough time allocating money when they budget all at once. Councilman Gassman said he does not like taking budget requests out of context. Councilman Tuite and Mayor Stirling in favor; Councilmembers Pendleton, Peters, and Gassman opposed. Motion NOT carried. COUNCILMEMBER COMMENTS 1. Councilman Gassman said the Arts Council is finishing their calendar for June and it will be out soon. Councilman Gassman announced anyone with arts or cultural events for the July or Agist calendar should notify the arts council. 2. Councilman Gassman said last summer the sanitation district tore up the trail behind the post office. Council brought up the landscaping, which has not been replaced. Carol O'Dowd, city manager, said she would have staff follow this up. 3. Councilman Peters extended thanks to everyone who participated in the art park day, May 26. It was a great success. 4. Councilman Peters said he attended the NW Colorado Council of Governments meeting last week. Councilman Peters said the executive board has requested $2500 from the department of local affairs as seed money for the housing needs assessment requested by Pitkin County. Councilman Peters said there was a presentation of a needs assessment study for Routt and Eagle County which was comprehensive in detail and will be helpful to the city' s planners . 5. Mayor Stirling said he has had a lot of complaints about the building department, delays as well as general hassles in getting permits. Mayor Stirling referred the issue of the building department and service to the city manager. Council agreed. 6. Council scheduled a joint work session with the BOCC and housing authority for June 4 at 5 p.m. 7. Mayor Stirling brought up the Victorian on Hopkins which was demolished within hours of Council's discussion on trying to save this structure. Mayor Stirling said he would like staff to look 2 Regular Meeting Ashen City Council May 29, 1990 for a site to put Victorians. Mayor Stirling said eventually he hopes no Victorians will be demolished as they are critical to the fabric of Aspen. 8. Mayor Stirling asked about the polling places for the July 10, 1990 election. City Clerk Kathryn Koch recommended either 4 polling places like the March 13th election or one polling place at the elementary school gymnasium with two sets of judges and voting booths. Mayor Stirling moved to have one polling place for the July 10 election; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling moved to amend Resolution #23, Series of 1990, to indicate one polling place; seconded by Councilwoman Pendleton. All in favor, motion carried. 9. Mayor Stirling brought up the letter Council received from Ebbe Saghatoslami about Andre's liquor license. Jed Caswall, city attorney, told Council he has responded and will give Council a copy of the letter. 10. Mayor Stirling announced the city has maintained an A bond rating and congratulated Cindy Wilson, the finance director. 11. Mayor Stirling asked about the sales tax report. Cindy Wilson, finance director, told Council March is down but the year- to-date is still up. Ms. Wilson said the sales tax report looks good. 12. Carol O'Dowd, city manager, requested Ordinance #32 be tabled until June 11 at the applicant's and city's request. Councilman Gassman moved to continue the public hearing on Ordinance #32, Series of 1990, to June 11; seconded by Councilman Tuite. All in favor, motion carried. 13. Carol O'Dowd, city golf course PUD needs to as a resolution. 14. Carol O'Dowd, city Council to j oin them for agreed to that date for manager, told Council Ordinance #40, the be tabled to June 11. This will come back manager, said the seniors have invited lunch and have suggested June 6. Council lunch. 15. Carol O'Dowd, city manager, said the Colorado Water Conserva- tion board is holding a session in Aspen June 28 at 2 p.m. on flood plain parameters. 3 Regular Meeting Aspen City Council May 29, 1990 16. Mayor Stirling said in a memorandum about the highway department meeting it looks as if some progress has been made in having them be responsive in not four laning the entire highway corridor. 17. Carol O'Dowd, city manager, said the forum will be meeting in Aspen in the next couple of weeks. 18. Councilman Tuite said he would like to see the CCLC pursue more bicycle racks in town. CONSENT AGENDA Councilman Gassman moved to approve the consent agenda as amended; seconded by Councilman Peters. The consent agenda is: a) Resolution #23, 1990 - Ballot Issues b) IDCA request to close streets c) CIVA Child Care Task Force Councilman Peters recommended that CIVA pursue representatives from ACRA and the restaurant association on the child care task force. Mayor Stirling said he noticed there are no men on this task force and suggested they try to find some men. All in favor, motion carried. LIQUOR LICENSE AUTHORITY BUSINESS Councilman Peters moved to approve the transfer of liquor license to Black Diamond Cafe; seconded by Councilman Tuite. All in favor, motion carried. PARKING GARAGE RATES Councilwoman Pendleton moved to accept the recommended operation plan for the first year; seconded by Councilman Tuite. Bob Gish, city engineer, said the garage will open with a daily rate of $1 and will also sell monthly passes. Gish said staff hopes to sell a lot of monthly passes. Gish said there will be a collection box at the beginning. Councilwoman Pendleton said she thought the idea was to make this as simple as possible. Gish said the committee recommends starting with a basic operation and expanding from there and being adaptable and flexible. Mayor Stirling asked about rates for tourist cars. Gish said the committee feels one rate is fairer. Councilman Tuite asked about car poolers; if they can still park free in the downtown core as well as the garage. Dan Blankenship, RFTA general manager, said they would like to see the downtown 4 Reaular Meeting Aspen City Council May 29, 1990 parking retained. Mac Cunningham said it seemed like not very many people stopped and used the car pool ticket person. Blankenship said staff feels they gained visibility for the program by having someone sit on Main street. Councilman Peters said people want this structure used and he would err on the side of having it used. Councilman Peters said he would like to leave this to staff to monitor the success of the program and to alert Council when policies need to be changed. Councilman Peters suggested allowing people to come and go in the parking lot; to allow weekend storage for vehicles as well as week day. Councilman Peters said the ticket purchase should be as uncompli- cated as possible. Mayor Stirling asked about overnight parking. Gish said the parking lot will be closed at 2 a.m. and there will be no overnight parking. Councilman Gassman agreed the city should try something and this program is reasonable. Mayor Stirling asked about the playing field. Gish said this will be ready in late June. The field is restricted until the sod sets . Mayor Stirling agreed staff could make any changes in policy and alert Council through the city manager. Gish pointed out this plan includes hiring 3 more parking enforcement officers. All in favor, motion carried. PARKING GARAGE TENANT FINISH Bob Gish, city engineer, told Council he has met with architects and engineers to see how practical the preliminary layout for the ACRA is. Gish showed Council the proposed layout including permanent and movable walls. Council has asked staff to find out the cost of movable walls and the trunk lines. Gish said the movable partitions go from $55 to $80 a linear foot, depending on their height. Gish said permanent walls cost almost the same. Gish listed the items already paid by the city; water tap fees, fire alarms, secure locked structure, meeting building codes. Gish said the costs to be borne by the ACRA would be the telephones, office furniture and equipment, computers, work stations and moving expenses. Gish said depending on the design, an additional sprinkler may have to be brought in, which would cost $20, 000. The trade off is to open up the area in the upper part of the garage. Gish said the construction is still a minimum of $140,000 not including the trunk lines and the movable partitions. Don Sheeley, ACRA board, told Council they would like to move into this space; however, the problem is cash. The ACRA's revenues are down this year. Tom Hines, ACRA, read Council the Board's motion, in which the Board thanked Council, expressed desire to enter into long term lease with the city; however, the current financial position does not allow them the ability to invest cash in the 5 Regular Meeting Aspen City Council Mav 29. 1990 move. Sheeley said the ACRA can do the office equipment, com- puters, furniture and moving expenses in-kind. The ACRA will not be able to pay for the trunk lines or the petitions. Hines said the ACRA feels this is an appropriate move for them and for the city. Because of the past year, the ACRA is not in a position to put cash into this move. Mayor Stirling said this is an opportunity for the city to finish the space off and to get a good solid tenant in. Mayor Stirling said the basic tenant finish is about $100,000; this will be an additional grant of $40,000 to $60,000. Mayor Stirling said the decision the ACRA made to keep the reservation center in Aspen is in the long term best interest of Aspen. Mayor Stirling said the ACRA serves a very vital function in Aspen. Mayor Stirling urged Council to set a ceiling of $160,000. Councilman Gassman said the city does not know how the garage will work and this space is not much in demand right now. The city does not know how valuable it will be in a few years. Councilman Gassman agreed this is a good use for the ACRA. Councilman Gassman said this will be a grant. Perhaps the ACRA is not being supported by its membership. Councilman Gassman said he does not have a problem with the public paying for public functions; however, this is beyond public functions and is beyond normal finishes for a tenant. Sheeley told Council the membership of the ACRA is growing every year; however, most of their money comes from reservations and last year they lost almost $250,000 in one month. Mayor Stirling moved to grant a maximum of $160,000 to finish off the area on the north side of the parking garage including all the items on the left hand column including some kind of partitions (to be determined by staff and ACRA) and phone trunk lines; air conditioning decisions have to be made to fit within that budget; seconded by Councilman Tuite. Councilman Tuite said with these contributions, he would like to see a payback for the additional costs . Sheeley said the ACRA does not plan on moving out of this space and the lease could be extended to 10 years. Councilwoman Pendleton said she would like to see the ACRA in this space but is having a hard time contribut- ing to the tenant finish. Councilwoman Pendleton said she would like to see some guarantees in the lease or some paybacks on these items. Carol O'Dowd, city manager, said the rents could be increased to pay back these improvements. Sheeley said they would be willing to do that. Councilman Peters said he is disappointed to see the position of the ACRA. Councilman Peters suggested perhaps the ACRA should move into this space next year. Councilman Peters said he will support this motion; however, recovering the costs and rent increases 6 Regular Meetinct Aspen City Council May 29, 1990 should be covered in the lease. Councilman Peters said he would 1 ike to make the ACRA responsible for whatever o f the $16 0 , 0 0 0 that is attributable directly to their specific use. Jed Caswall, city attorney, said he is concerned that the city is finishing this space so that the only possible tenant is the ACRA. Caswall said this does not give the city a lot of bargaining position with the ACRA. Sheeley said the ACRA can pay some of this back if it is not within the first year. Councilwoman Pendleton said she is willing to work with the ACRA as long as there is some pay back. Councilman Peters agreed with a repayment; however, this is an unsecured loan to an organization that is in trouble. Mayor Stirling asked if there was an effort made by the ACRA to ask members to contribute to close this gap. Councilman Gassman said the policy ought to be how much the ACRA will pay back and how fast. Hines said the costs specific to the ACRA look to be between $18,000 and $25,000. Mayor Stirling suggested the terms of the lease be $30,000 the first year with a cpi built in; second the two items identified, the trunk lines and modifications to the partitions would be paid by the ACRA in 5 years or less, a 10 year lease with two 5 year renewals. Councilman Peters said he would rather see the parti- tions movable so the city is not creating costly custom space. Mayor Stirling amended his motion to that the first year of the lease be $30,000 with cpi in any additional year, term of 5 years with two 5 year renewals, for whatever it costs for movable partitions and trunk line of phones will be paid back in no less than 5 years with the payments to begin in the second year of the lease; seconded by Councilman Tuite. Si Coleman asked if this lease would be marketable; if the city would have the right of first refusal. Caswall said this will be covered in the lease; there will be no assignment of the lease and no sub-leasing. Councilman Peters said he will support this; however, he expects the ACRA to become a community service organization. All in favor, motion carried. REQUEST FOR FUNDS - RFTA Kaiser Study Dan Blankenship, RFTA general manager, reminded Council they have gone through a lengthy process of trying to determine the feasibil- ity of developing a mass transit system using all or portions of the Rio Grande right-of-way. RFTA hired engineers to perform the study, which was issued in March. The report recommended they pursue development of a rail system using the existing right-of- way and also look at concurrently developing a system using the 7 Regular Meeting Aspen Citv Council Mav 29, 1990 highway alignment. The consultants felt the highway alignment has the best potential for serving the major trip generators of Snowmass, Airport and Airport Business Center. This recommendation was reviewed by the project management committee, who adopted the Kaiser recommendation and report, referred this recommendation to the RFTA board. The RFTA board feels that any recommendation about specific alignments is premature and that all options should be kept open. The RFTA board also feels a project manager should be hired to keep the focus on developing this system. This person would work at coordinating with the highway department to determine whether it will be possible to work with them and to refine cost estimates; to work at researching what type of special district would need to be formed to administer and finance the program. This person would be a staff person for the Roaring Fork Forum but would be super- vised by the city and county managers, RFTA manager and TOSV manager. The RFTA board has indicated they are willing to pay up to $10,000 for this temporary position. The county has agreed to up to $10,000 and TOSV has agreed to contribute up to $5,000. Blankenship said the ultimate share of each entity will be determined after RFTA asks other down valley community if they will participate. Carol O'Dowd, city manager, said she will have to research to see if 7th penny funds are available for this funding. Council asked the relationship of this position to Jim Kent. Blankenship said at one time the Forum was talking about hiring a consultant to build consensus throughout the valley. The feeling is that staff can do this consensus building with coaching from staff. Ms. O'Dowd said Kent's work is key in what this position will be doing. The focus for the project manager is technical work; Kent will continue as a facilitator. Ms. O'Dowd said one concern she has is the legal work that has to be done. RFTA should be transportation technicians and should not have to qualify their recommendations based on legal or political concerns. The Forum can help in political and social evaluation. Councilman Peters said he supports this recommendation based on the condition this person will serve as technical support to the Forum. Councilman Peters said he is concerned about RFTA carrying the rail issue forward. Councilman Peters pointed out the recent TDP completely ignores rail transportation in the valley and shows the buses competing for the same funds projected for the railroad. Councilman Peters agreed RFTA should provide technical assistance. Councilman Peters said this project manager is serving the Roaring Fork valley Forum and elected bodies and should also be providing technical assistance. Councilman Tuite said the RFTA board decided to get out of the political arena and to get the rest of the valley behind transportation and railroad. This person will be respon- sible to the entities that have funded the study. 8 Regular Meeting Aspen City Council May 29, 1990 Councilman Tuite moved to donate up to $5,000 for this study; seconded by Councilman Peters. Councilman Tuite said he does not see why the city should con- tribute the same as the county who did not participate in funding the car pooling and other mass transit issues recently. The Council's budget is getting tight. Mayor Stirling asked if the county can fund this out of their use tax designated for highway 82. Ms. O'Dowd said she would have to find this out. Ms. O'Dowd told Council she is exploring other possible resources to fund this. Councilwoman Pendleton said she favors the train project. Councilwoman Pendleton asked what is Jim Kent's role. O'Dowd said he has a contract with the city doing research for funding for rail programs and is looking at what NEPA has done. Kent has used his staff to run and to facilitate meetings as well as doing background work for meetings. Councilman Peters asked Councilman Tuite if he would accept a friendly amendment that the managers sub-committee of the Roaring Fork Valley Forum have input in terms of scope and timing of this position. Councilman Tuite agreed. All in favor, motion carried. TOWN MEETING FORMAT Council will hold a town meeting Friday, June 15 at 4 p.m. at the parking garage plaza. There is money in the Council's or manager's budget. Councilwoman Pendleton asked that the meeting be from 4 p.m. to 7 p.m. and then have the dinner and band. Councilwoman Pendleton moved to direct the city manager to carry out the plans for this; seconded by Councilman Peters. Council requested there be public service announcements with radio and newspapers. All in favor, motion carried. ORDINANCE #38, SERIES OF 1990 - Bennett Condominiumization Councilman Tuite moved to read Ordinance #38, Series of 1990; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #38 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUB- DIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE BENNETT DUPLEX was read by the city clerk 9 Regular Meeting Aspen_City Council Mav 29, 1990 Councilman Peters moved to adopt Ordinance #38, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Tuite, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #39, SERIES OF 1990 - Amending Ordinance #9, 1990; Corkscrew condominium deed restricted housing Councilwoman Pendleton moved to read Ordinance #39, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #39 (Series of 1990) AN ORDINANCE AMENDING ORDINANCE 9, SERIES OF 1990, WHICH PROVIDED FOR THE RELEASE OF RESTRICTIONS AS THEY RELATE TO UNIT #2, CORKSCREW CONDOMINIUMS, IN ORDER TO CORRECT AN ERROR THEREIN was read by the city clerk Councilman Peters moved to adopt Ordinance #39, Series of 1990, on first reading; seconded by Councilman Tuite. David Myler, city attorney's office, told Council the purpose of this ordinance is to correct an error. There was a reference to cash-in-lieu and there is no cash-in-lieu fee. What Council authorized is release of a deed restriction on Corkscrew #2 in exchange for the owner of that unit buying and deed restricting another unit, the Aspen West Unit. The Aspen West unit will be deed restricted to low income. The applicant will lose about $65,000. There was not a cash-in-lieu fee paid. The applicant is going to request Council to relook at the income category at which the new unit has been restricted. Chuck Brandt, representing the applicant, pointed out if this unit stays low income, the applicant will lose about $65,000. If this unit is resold at moderate price guidelines, the loss is about $6,000. Yvonne Blocker, housing authority, told Council the authority originally voted to deny this transfer of deed. Their concerns were years of non-compliance. The housing authority would like to see it stay low so there is no possibility of a windfall to the owner. Unit #2 was supposed to be rented at moderate guidelines. Councilman Peters said he is opposed to the swap. The wealthy landowner is competing on the market for affordable units. Councilman Peters said he will vote to approve the correction in the ordinance. Councilman Peters said Council spends too much time perusing real estate deals and trades. Mayor Stirling said deed restricting free market units is a valid trade off. Councilman Gassman said he has supported this trade all along; it was a honest 10 Regular Meeting Aspen City Council May 29, 1990 mistake and the community gains a unit. Councilman Gassman said this does not seem like an unreasonable deal. Councilman Tuite said this is an opportunity to get a better unit deed restricted; however, going to low income is like a punitive action. Roll call vote; Councilmembers Gassman, yes; Pendleton, yes; Tuite, no; Peters, yes; Mayor Stirling, yes. Motion carried. REQUEST FOR FUNDS - City Clerk Election Equipment Kathryn Koch, city clerk, requested $2,000 to buy more voting machines, ballot boxes and transfer cases. Ms. Koch explained it will be too late to wait until the July 10 election to order the equipment and if there is to be a primary in August, the city does not have enough equipment. Councilman Peters suggested borrowing this equipment from another municipality. Ms. Koch said she would see if she could do this. Councilman Peters moved to approve the expenditure of $1500 from asset replacement fund and $500 from contingency for voting equipment and to direct the city clerk to investigate borrowing this equipment from another municipality first; seconded by Mayor Stirling. All in favor, motion carried. Council adjourned at 8:15 p.m. Kathryn Koch, City Clerk 11