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HomeMy WebLinkAboutminutes.council.19820823Regular Meeting AsPen City Council August 23, 1982 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Klanderud called the meeting to order at 4:10 with Commissioners Kinsley, Child, Madsen and Blake and Councilmembers Collins, Knecht, Michael, Parry and Mayor Edel present. 1. Elementary School - Post ©ffice Bike Path. Hal Clark, representing Pitkin County ParkS Association, presented the updated proposal on this trail. The funding amount is $28,000 and Clark's market will contribution $1,000. The funding includes almost $3,000 in contingency, clark has talked to the school board about the easement for phase 2. They are willing to grant the.easement; however, they may put the school up for sale. Phase 1 of the trail will stop at the gate to Hallam Lake. Clark said if the school property is sold, a subdivision would be required for any other use and the Council, at that time, could require an easement. Clark told Council that PCPA will contribute $10,000 to this trail plus the cost of the plans. Pat Dobie, county engineer, said the county has $3500 budgeted for this trail. Chapman pointed out that at the last meeting, Council decided to take $15,000 budgeted for trails maintenance and put it into this project. COUNCIL MEETING,i: MINUTES Councilwoman Michael moved to approve the minutes of June 14, 28; July 12, 19, 1982; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. Jill Shinebaum presented a petition to Council supporting Ruth Stone's request to have a day care center. There are 175 signatures supporting this. COUNCILMEMBERS COMMENTS 1. Councilman Collins moved ko add to the agenda a discussion of sculpture and artist endeavor in the mall; seconded by Councilman Parry. All in favor, motion carried. 2. Councilman Parry said Cemetery Lane is dug up for about 1/4 mile and has not been property fixed. City Manager Chapman said he would report back to Council on this. Councilman Parry said if the cuts are left during the winter, the road will deteriorate. 3. Councilman Knecht asked about the striping on Cemetery Lane. City Manage Chapman said the city made arrangements with the county to use their str~ing machine, but it broke down. Chapman said he would report back to Council. 41 Councilman Knecht said he Would like a consensus from Council on the mall bridges being 8 feet wide as he does not want bridges that large. Councilman Collins agreed and said he felt 8 feet is too wide. Councilman Knecht said if all the bridges are 8 feet wide, there won't be any stream in the mall. Mayor Edel said he felt there were too many bridges in the mall. Council asked that City Manager Chapman express this concern to the parks department before these are built. Chapman said he would have a report back to Council. 5. Councilman Knecht said a resolution to Council from P & Z was sent concerning the porperty at Cemetery Land and Highway 82 being made into a park instead of a parking lot. Mayor Edel suggested getting input from staff and having this on the next agenda. ~onnmnue~ meen~ng Aspen ulny ~ouncl± August ±/, l~z Bob George said the sense of the Board is that the school district will buy the house and rent it to the superintendent of schools. If the superintendent does not take the house, the city will exercise their option. Councilman Knecht amended his motion that the house be for the superintendent of schools; seconded by Councilman Collins. George said he would have to take this to the school board for their thoughts on limiting the house to the superintendent of schools. Bob George said the school board can respond by 5 p.m. Friday. Councilmembers Collins, Knecht and Mayor Edel in favor; Councilmembers Parry and Michael opposed. Motion carried. Ron Mitchell told Council the way the agreement was is that if there are any improvements after the c/o, the Council has to approve thoses. The c/o was issued and according to the cost certificate there are about S1072.35 worth of lmpovements put in subsequent to the c/o. Ms. Freers is requesting that these improvements be approved. Councilwoman Michael moved to approve reimbursement of improvements at 717 Cemetery Lane in the amount of $1072.35; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry moved to adjourn at 12:55 p.m.; seconded by Councilwoman Michael. All in favor, motion carried. " K~ch, City Clerk Regular Meeting Aspen City Council August 23, 1982 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Klanderud called the meeting to order at 4:10 with Commissioners Kinsley, Child, Madsen and Blake and Councilmembers Collins, Knecht, Michael, Parry and Mayor Edel presenn. 1. Elementary School - Post Office Bike Path. Hal Clark, representing Pitkin County Parks Association, presented the updated proposal on this trail. The funding amount is $28,000 and Clark's market will contribution $1,000. The funding includes almost $3,000 in contingency. Clark has talked to the school board about the easement for phase 2. They are willing to grant the easement; however, they may put the school up for sale. Phase 1 of the trail will stop at the gate to Hallam Lake. Clark said if the school property is sold, a subdivision would be required for any other use and the Council, at that time, could require an easement. Clark told Council that PCPA will contribute $10,000 to this trail plus the cost of the plans. Pat Dobie, county engineer, said the county has $3500 budgeted for this trail. Chapman pointed out that at the last meeting, Council decided to take $15,000 budgeted for trails maintenance and put it into this project. COUNCIL MEETING~' MINUTES Councilwoman Michael moved to approve the minutes of June 14, 28; July 12, 19, 1982; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. Jill Shinebaum presented a petition to Council supporting Ruth Stone's request to have a day care center. There are 175 signatures supporting this. COUNCILMEMBERS COMMENTS 1. Councilman Collins moved to add to the agenda a discussion of sculpture and artist endeavor zn the mall; seconded by Councilman Parry. All in favor, motion carried. 2. Councilman Parry said Cemetery Lane is dug up for about 1/4 mile and has not been property fixed. City Manager Chapman said he would report back to Council on this. Councilman Parry said if the cuts are left during the winter, the road will deteriorate. 3. Councilman Knecht asked about the stripin? on Cemetery Lane. City Manage Chapman said the city made arrangements with the county to use their s2r~lng machine, but it broke down. Chapman said he would report back to Council. 4. Councilman Knecht said he would like a consensus from Council on the mall bridges being 8 feet wide as he does not want bridges that large. Councilman Collins a~reed and said he felt 8 feet is too wide. Councilman Knecht said if all the bridges are 8 feet wide, there won't be any stream in the mall. Mayor Edel said he felt there were too many bridges in the mall. Council asked that City Manager Chapman express this concern to the parks department before these are built. Chapman said he would have a report back to Council. 5. Councilman Knecht said a resolution to Council from P & Z was sent concerning the porperty at Cemetery Land and Highway 82 being made into a park instead of a parking lot. Mayor Edel suggested getting input from staff and having this on the next agenda. will be a negative cash flow in the land fund. Right now, the staff has programmed out of the land fund $2,500,000 bond issue out of the $4,000,000 that was approved in January. Out of the land fund for the Wheeler, Council could go up to $3,300,000; this would have a significant impact on the open space acquisition program. Mayor Edel said the city is going to the voters for a specific increase in the mill levy for a specific amount of time. Mayor Edel asked if that could not be in the question up front. Chapman said a general obligation bond issue cannot be limited. A g.o. bond issue is issued against the full faith and credit of the city. Councilman Knecht said agreed with Collins' alternative of paying for the Wheeler out of the land fund rather than a mill levy increase. Mayor Edel said there is considerable opinion in the community that the city should retain the Wheeler and if so, the city has to take care of it. Mayor Edel said in the sale and lease back question, there is no indication that it will cost the city money. Mayor Edel said it should be pointed out that this is no~ a free ride. Chapman said the Council should let staff know what they want in the ballot questions as Friday is the last day to have the language defined. Bil Dunaway said there ought to be basic terms in the questions to give the voters a sense of what they are voting on. These questions are very vague. Chapman said this language ~n the questions is what the bond counsel needs in order to market the bonds. Council needs to decide what additional information they want in the question. Councilwoman Michael suggested on the sale and lease back question there be more specific proposal in the question like when the city put the Castle Ridge sale question to a vo~e. Staff will incorporate these suggestions; the meeting will be continued until August 27, and Council will vote on the questions at that meeting. PROPOSAL FOR BANKING SERVICES Sheree Sonfield, finance director, told Council the finance department has been working on a proposal for banking services as part of the cash management program. The city sent request for proposals to all the banks in town; only the Bank of Aspen and the First National Bank responded, the other two banks declined. The staff looked closely at the analysis of the bids and also sent them to Schneider and Shuster, the city's auditors. The staff looked at the costs for these services. It cost $3,000 more to go with the Bank of Aspen. The staff looked at the revenues; the banks were bidding on the rate of interest they would pay on the city's idle cash. The First National Bank said they would pay 3 percentage points less than the Federal funds rate. The Bank of Aspen proposed to pay the Federal funds rate. Ms. Sonfield told Council on purchase agreements, ~he First National Bank will pay on $1,000,000 and the Bank of Aspen will pay on $500,000. These are the two major issues on the revenue side. Ms. Sonfield said the staff looked at the whole picture in total with expenditures and revenues for six month and for one year. Ms. Sonfield told Council the two proposals are very close. The net benefit to the city for one year at the Bank of Aspen is $23,000 and at the First National Bank is $21,500. Ms. Sonfield said the figures are so close that the staff looked at other things rather than the numbers. The Bank of Aspen will guarantee the fees for 18 months; the First National Bank will only guarantee for six months. Also, the bond payments will be administered by the Bank of Aspen, who has been doing the city's bonds for many years. The First National Bank does not have any bonds the city is paying on. The city has had a good working relationship with the Bank of Aspen. Mayor Edel asked if the staff had examined both banks stability and their cash statements. Ms. Sonfield said not. Councilman Collins asked if the city could do half and half with each'bank. Ms. Sonfield said that would be too cumbersome and too exp~nsive. Mayor Edel said he would like the staff to examine each bank from the point of view that the city has to be sure they are in a very strong bank. Ms. Sonfield said the staff would address these things and bring it back to the next Council meeting. ASPEN INSTITUTE Mayor Edel told Council he met with Joe Slater of the Aspen Institute and discussed the future of the Aspen Institute. Slater assured the Mayor that the Institute will be in Aspen for as long as they can possibly foresee. This is their summer home and in the summer their principle base of operation will be in Aspen. Mayor Edel told Council that the Institute is embarking on a $21,500,000 funding drive. Mayor Edel said he had a resolution that the city will donate $5,000 a year for the next ten years to the Aspen Institute. Mayor Edel said if the city gives the funds, the funds should be limited to operations in Aspen, to which Mr. Slater agreed. Mayor Edel said he felt it was important that the city demonstrate backing off,the Aspen Institute. Councilman Knecht asked what happened to the Institute Task Force and their recommendations. Mayor Edel told Council he had talked with Mort Heller, chairman of the Task Force. Mayor Edel said the task force had worked hard and did a good job and the city never heard another word from the applicant. Mayor Edel sent letter to the applicant, who has not answered. Mayor Edel said this donation should be budgeted in the fall for 1983. Mayor Edel reported that Slater said any manner the Council wanted to tie the money within Aspen is fine. The city should set up a meeting with the Institute to determine how the money will be spent. Mayor Edel suggested voting on this donation with the caveat of coming back with the specifics of how the money will be used. Councilwoman Michael said she would like an annual report of how the $5,000 will be used. Mayor Edel said this is a policy statement of back the Institute with a total involvement of $50,000 paid over 10 years. Councilman Knecht said he did not feel the city should contribute money to this. Councilman Knecht said the Institute is a great thing and it should be kept in Aspen. Councilman Knecht said the Council could do more in a political sense than giving a donation. Councilman Knecht said he would rather ask the Institute what they need from the city rather than money. Regular Meeting Aspen ~l~y uouncl± augusE z~, ~ Councilwoman Michael moved to approve Resolution ~23, Series of 1982, with the addendum that the city meet with the Institute and come back to Council with a specific program; seconded by Councilman Parry. All in favor, with the exception of Councilman Knecht. Motion carried. ICE SKATING SCHOOL Lefty Brinkman told Council to get this skating school going he will have to visit some major cities, do a lot of phone calling and entertaining, produce and mail a brochure. Brinkman said this is a viable idea; it worked for 10 years. The $12,000 the city will be paying Brinkman will be spent on expenses. There is a lot to be done to get pros to teach skating. City Manager Chapman told Council the staff me~ several times to go over and understand the proposal. From an operational point of view, the rink is closed during the period Brinkman plans for the skating school. This proposal appears to have some potential for revenue. The city's exposure the first year is about $7~000. The city has to ~nvest money up front to establish the program. Chapman told Council he felt this is a good use of the facility. Councilman Parry said he was involved in the skating school in the early years and had daughters in the program, and it was a popular program. Brinkman told Council that a skating school will also bring money to the town every year. Brinkman showed pictures and newpapers articles when he had the figure skating school. Brinkman said he felt this was an important and unique part of Aspen. Mayor Edel asked if the rink needed the down time. Chapman said there is time in April for down time. Chapman pointed out it does the city no good to have the building closed. Councilwoman Michael asked about howing the pros and the kids. Brinkman told Council he would work with the lodges and condominiums on this. Brinkman has to put the figure skating school together and make it work. Councilman Knecht moved to direct staff to prepare a contract with Lefty Brinkman as outlined in the city manager's memorandum of August 18, 1982, to begin a summer figure skating school; seconded by Councilman Collins. All in favor, motion carried. REQUEST FOR MALL BRICKS City Manager Chapman told Council the city had a request from W. R. Walton on behalf of Joann Davis for mall bricks. The staff sent a letter to Walton saying the city has more requests than bricks. The staff discussed this with the CCLC. If Ms. Davis was using the bricks in the downtown area, she could make an application to the CCLC. Otherwise in fairness to everyone else who has request the bricks, the city declined. Ms. Davis ~s presen~ to appeal to Council on the matter. Ms. Davis explained to Council she was involved in getting the bricks; she worked on the transfer of the bricks and the transfer of funds. Ms. Davis told Council the bricks will not be used in the city limits but will be used be her, personally. Ms. Davis said she is asking for 250 to 300 bricks. Councilwoman Michael pointed out there are more requests for bricks than bricks. The staff has put a freeze on the bricks. Chapman said the CCLC is going over the downtown plan including use of the bricks and is anxious to go ahead with using the bricks. The inventory of bricks indicates to do that program, there are not enough bricks. All requests for bricks have gone on hold at the request of the CCLC. Councilman Parry pointed out the bricks that do go to people are on loan in case the city needs them back. Finance Director Sheree Sonfield pointed out the bricks cost the city about $.50 per brick and if the city gives them away, this has to be expensed out. Councilman Knecht moved to go with staff's recommendation not to give the bricks away; seconded by Councilwoman Michael. Councilmembers Knecht and Michael in favor, Council- members Collins, Parry and Mayor Edel opposed. Motion NOT carried. Councilman Collins moved to approve the request for bricks subject to the terms and conditions imposed on similar requests making the bricks available on a loan basis until such time as the city needs them; seconded by Councilman Parry. Councilmembers Collins, Parry and Mayor Edel in favor, Councilmembers Michael and Knecht opposed. Motion carried. AMBULANCE SERVICE FUNDING Assistant City Manager Ron Mitchell told Council the county is putting an issue on the September ballot for an ambulance district to fund the ambulance service. The city is presently committed $46~000 to funding the ambulance. If the ambulance district question passes, the Council has the alternative to leave this $46,000 in the budget for another appropriation or the city can adjust the mill levy to that amount. Councilman Knecht saidl he felt it would be great PR for the ambulance district if the Council reduced the mill levy. Mitchell told Council this would reduce the mill levy .697. Councilman Knecht moved to~take the alternative that if the question on the ambulance passes, that the Council reduce the city property tax levy by $46,000; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~41, SERIES OF 1982 - Land Exchange with the County Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~41, Series of 1982, on second reading; seconded by Councilman Knecht. aspen ~lty Collrlcll August 23, 1982 City Attorney Taddune told Council this ordinance implements the April 1982 agreement between the city and the county on various land exchanges with all the protections the Council wanted. Taddune looked into the lease on the stable property; it is $50 per month cancellable in 30 days. Taddune told Council they will have to make some decision on whether to continue the lease or give 30 days notice. Mayor Edel requested that City Manager Chapman look into this lease and make a recommendation to Council. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. P~EQUEST FOR ENCROACHMENT - Epicure Plaza Jay Haramond, engineering department, told Council this encroachment request has changed to satisfy Hammond's concern. This request is for a few feet where the city has a very wide sidewalk. Hammond said he would like a change to review the final plan. Councilwoman Michael moved to approve the Epicure encroachment on city right-of-way subject to Jay Hammond's approval; seconded by Councilman Parry. Councilman Collins said he would like to see the final plan. Hammond explained the plan to Council. Councilman Knecht said he did not like the plan because it sticks 3 feet out into the public sidewalk. This is setting a precedent. This will be a dining patio instead of open space. Councilman Collins said he would vote no because it is a bad precedent. Mayor Edel said this may bommerang all over town. Councilman Parry in favor; all others opposed. Motion NOT carried. ORDINANCE ~39, SERIES OF 1982 - Eagle's Nest Rezoning to RBO Colette Penne, planning office, said Council was to look at this property to decide if they wanted the employee units in the downstairs and if they wanted to waive the parking requirement for the employee units and to change the parking requirements on the free market units. John Kelly, representing the applicant, told Council one of the units would be occupied by an employee for security. Kelly told Council there is nice landscaping there which they would prefer to keep rather than paving it over for parking. Kelly said he felt the parking is adequate. Councilman Parry said the landscaping looks great compared to having just concrete all over for parking. Kelly pointed out the compromise · s if parking becomes a problems, they will provide more. Councilman Parry moved to read Ordinance NO. 39, Series of 1982, and to exempt the two proposed employee rental units from the Growth Management Plan and deed restricting them to the moderate income category and to further exempt the employee units from the provision of parking under the following conditions: (1) the condominlumization documents reflect that if subsequent buyers of either free market unit desire an additional parking space, the Green Family Trust commits to provide them; (2) that the applicant obtain an encroach- ment license for the existing encroachment into the into the Garm~schilstreet right-of-way; (3) that the applicant execute the statement of subdivision exception and the declaration of covenants, restrcitions and conditions through the city attorney's offfice; (4) that the applicant meet the requirements for occupancy of the units as indicated by the build- · ng department in the memo dated April 29, 1982; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~39 (Series of 1982) AN ORDINANCE REZONING FROM RMF TO RMF/RESIDENTAIL BONUS OVERLAY (RBO) THE DUPLEX LOCATED ON LOTS H AND I, BLOCK 61, FOR THE PROVISION OF TWO EMPLOYEE HOUSING UNITS IN THE MODERATE INCOME RENTAL CATEGORY was read by the city clerk Councilman Parry moved to adopt Ordinance ~39, Series of 1982, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Knecht, aye; Collins, nay; Parry, aye; Michael, aye. Mayor Edel, aye. Motion carried. ORDINANCE ~42, SERIES OF 1982 - Sick Pay and FICA refund Sheree Sonfield, finance directol, told Council the city was approached by Managerment Resource company saying they would be willing to obtain refunds for employees and the city from Social Security that was paid on sick pay. There was a loophole in the social security law from 1977 through 1981. Management Resources Control will go back through the records of the city and add up the amount due each employee and the amount due to the city. Management Resources will administer the whole thing and will get half of the money due to the city. Mayor Edel asked why not take this fee out of the amount due to the employee. Ms. Sonfield said she was not sure this was possible and would report on this at second reading. Councilman Knech~ moved to read Ordinance ~42, Series of 1982; seconded by Councilman Parry. All in favor, motion carried ORDINANCE ~42 Series of 1982) AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A PLAN OR SYSTEM PURSUANT TO SECTION 24-51-704(5), COLORADO REVISED STATUTES 1973, AS AMENDED was read by the city clerk Regular Meeting ~spen ~y ~uu~ ~ ..... , .... Councilman Parry moved to adopt Ordinance ~42, Series of 1982, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Michael, aye. Knecht, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. BENEDICT ANNEXATION Alice Davis, planning office, told Council this is an annexation of 1/2 acre parcel in the Callahan subdivision along the Roaring Fork river. Council has reviewed the annexation petition and found it acceptable and sent it to P & Z. Both P & Z and the planning office recommend R-15A/PUD, which the applicant agrees to. The Council will have to amend the entire Callahan PUD. This parcel will be deed restricted to open space. The annexed lot will be part of lot 11, and the applicant is requesting that the FAR for lot 11 be both the original lot and the annexed parcel. The city will get assurance that land along the river will remain as open space. The difference is size of the structure using the original lot and the annexed lot will be 1400 square feet. Councilman Parry moved to read Ordinance ~43, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #43 (Series of 1982) AN ORDINANCE ANNEXING A TRACT OF LAND ADJACENT TO LOT 11, CALLAHAN SUBDIVISION LOCATED IN PITKIN COUNTY, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965, C.R.S. 1973, 31-12-101 ET SEQ., AS AMENDED was read by the city clerk Councilman Parry moved to adopt Ordinance #43, Series of 1982, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Collins, aye; Parry, aye; Knecht, aye; Mayor Edel, aye. Motion carried. Councilwoman Michael moved to read Ordinance 944, Series of 1982; seconded by Councilman Parry. All in favor, motion carried~ ORDINANCE 944 (Series of 1982) AN ORDINANCE AMENDING SECTION 24-2..2 (ZONING DISTRICT MAP BY ZONING AN ANNEXED TRACT OF LAND ADJACENT TO LOT 11, CALLAHAN SUBDIVISION LO~ATED IN PITKIN COUNTY, COLORADO, TO R-15A/PUD AS AMENDED was read by the city clerk Councilman Parry moved to adopt Ordinance ~44, Series of 1982, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Parry, aye; Knecht, aye; Michael, aye; Mayor Edel, aye. Motion carried. Councilwoman Michael moved to approve the proposed amendment to the Callahan subdivision PUD in order to incorporate the newly annexed Benedict parcel into lot 11. Approval is subject to the following conditions; (a) that the applicant be allowed to calculate the allowed floor area based on the entire lot, including the annexed parcel which is to be deed restricted to open spaces; (b) that the 0.55 acre annexed parcel be deed restricted to open space; (c) that the ammended Callahan subdivision/PUD plat meet the two require- ments of the engineering department; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXCEPTION - 750 South Mill Colette Penne, planning office, told Council this is four lots in the Capitol Hill addition. The applicant is requesting a lot line adjustment between lots 1 and 2. The old lots are being changed. In lot 1, the applicant is granting an easement for the continuation of Summit street, which both the engineering department and fire department are happy about. Ms. Penne told Council in lot 1 a duplex is under construction and the applicant intends to compete in GMP for another duplex. Ms. Penne pointed out that in giving an easement for Summit street, the applicant may use this area to calculate their floor area ratio. Spencer Schiffer, representing the applicant, told Council this was before them in 1980; however, the process was never completed. At that time there was no problem creating a two lot subdivision. Ms. Penne told Council this lot split meets the criteria for lot splits as outlined in the Code. Councilwoman Michael asked if Mill street will be paved after this. Shiffer told Council by the time a c/o is issued for the fOurplex, Mill street should be paved. They might have the c/o before Elam can get up here to pave the street. Council asked that it be paved by September 1, 1983. Councilman Parry mOved to approve the request for subdivision exception for the purpose of adjustment of the lot line as shown on the attached drawings subject to the following conditions; (1) filing of an approved plat which meets the standards of the Code; (2) a minimum 5 foot setback be maintained from the northerly property line; (3) sidewalk, curb and gutter be installed by the applicant along the Mill and Summit street boundaries of lot 2, (4) to be paved by September 1, 1983; seconded by Councilman Knecht. All in favor, motion carried. SCULPTURE IN MALL Councilman Collins told Council he had received a letter from Bill Jamison about the sculpture in the mall. Jamison's piece has been wrecked a coule of time; he would like to his his sculpture and provide a substitute to the city. The nymph could perhaps be relocated to the Visual Arts Center. Councilman Collins said there is a sculPture by Guido's which needs to be fixed; the only on the Hyman avenue mall by Henry. Stein needs taking care of. Councilman Collins suggested setting up a selection committee on art ~eguiar ~ee~lng Aspen City Council August 23, 1982 pieces as well as where they should be placed. This could be coordinated with the Visual Arts Center. Councilman Collins said if Council agrees, he would be glad to get some names of interested people for the next Council meeting. Councilman Parry said he felt Council should have the final say on this. Councilwoman Michael said she felt this was an excellent idea. Councilman COllins will report back. Councilman Knecht moved Resolution Series of the seconded to place ~24, 1982, on agenda; by Councilman Parry. All in favor, motion carried. Councilman Knecht moved to adopt Resolution ~24, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. Councilman Knecht moved ato approve the consent agenda; seconded by Councilman Parry. The consent agenda is (1) Resolution ~21, Series of 1982 - Deputy Municipal Judge; (2) Special Event Permit - Arts Council; (3) Liquor License Renewal City Market. All in favor, motion carried. Councilman Parry moved to continue the meeting to Friday, August 27, 1982; at 8:00 a.m.; seconded by Councilwoman Michael. All in favor, motion carried. Council left Chambers at 8:20 p.m. Kathry~S. Koch, City Clerk Continued Meeting Aspen City Council August 27, 1982 Mayor Edel called the meeting to order at 8:10 p.m. with Councilmembers Knecht, Michael, Collins, and Parry present. Mayor Edel announced that the special election for September 28th cannot be held as some errors have been made. The definition of the questions can be delayed for some time. Council can state their intent to have ballot questions on the general election on November 2, 1982. Council will have to pass a resolution intenting to have a city of Aspen special election on November 2, 1982. City Manager Chapman said this meeting can be continued until next week to get the necessary legislation together. Councilman Collins said he would like to discuss another option to go to the voters in terms of the Wheeler Opera House. Councilman Collins said he did not want a mill levy increase to property taxes for the Wheeler but wanted it funded out of the land fund. Councilman Knecht suggessted having a three part question; the sales and lease back, the general obligation bond, and the land fund sales tax question. Councilm~n~Collins said he would prefer just two choices and forget the property tax increase. Councilman Knecht agreed with that. Chapman pointed out if the city uses the sales tax revenue bond in the land fund, this would postpone the open space acquisition program. Mayor Edel said he would go along with dropping the property tax increase and go with a sales tax revenue bond in the land fund; however, he would like to see the ramifications of this in the land fund. Chapman said the planned $2,500,000 open space acquisition fund would be delayed at least two years. Councilwoman Michael said the land fund is primarily for open space acquisition and only secondarily for capital improvements to city facilities. Mayor Edel said he would like to see the figures on the land fund. City Attorney Taddune told Council he had received communications from the county that they wanted an informal commitment on the city's part to 20 per cent funding of the UMTA grant. Taddune told Council he has not totally reviewed the paperwork and plans to prepare an ordinance for Council because this is a substantial commitment of equipment. Mayor Edel said the Council has objected to being rushed into decisions when they do not have the background materials. Council will address this September 13th. The third question on the ballo~ will be the Thomas property and highway 82 alignment question which the voters have to vote on before the highway department will know what they will do. Councilman Collins, who was on the highway improvement task force, told Council there were 3 or 4 alternatives. The task force's choice was to do a four-lane through the Thomas property in a two-step operation. The first is to use the existing highway as two-lanes one-way and two lane through the Thomas property also one-way. In five or six years, the highway department will build the additional two lanes across the Thomas property. The two step alternative was the best financially. Councilman Collins told Council the task force also looked at some dividers down Main street. Pat Dobie, county engineer, said the November election looks good for timing with the highway department. The location of the highway and right-of-way has to be resolved. This has to be resolved to make this eligible for funding. Peter Forsch, Aspen Skiing Company, said they feel strongly that ~wo 90 degree curves are very hard on the buses and the traffic flow. Forsch said he would like Council to make a positive statement on the two new incoming lanes into town. Forsch said this should be communicated to the highway department. Mayor Edel said that Council cannot give the highway department any kind of statement until after the voters vote on the Thomas Property. Mayor Edel said he felt the plan from the task force makes good long term sense. Dobie told Council the highway department has a budget for improvements to highway 82 but they have no specifics. At the November meeting, they will make decisions on where the improvements will be made. Dobie told Council that the busway study was just completed and given to P & Z. Council should get cop~es this week. Councilman Knecht said the four lane is a major change to the type of town Aspen Ks. Practically, it may be the ~best thing, but attitudinally Councilman Knecht does not like it. Councilman ~ntinuedMeetlng asp~ii u~uy ~uul~u~ ~ Knecht said he like the dog leg coming into town and slowing down the traffic. Council- man Knecht said the four-lane changes this from a little town attitude to a big boom attitude. Councilman Knecht said he was in favor of improvements on highway 82 like turn out lanes all the way to Snowmass. Councilman Knecht said this should be on the ballot so that people can hear both sides of the issue and make their decision. Mayor Edel said if this is defeated, the highway department will four-lane highway 82 from Carbondale up towards Aspen. Council agreed to put this on the ballot and will continue this meeting. Steve Jeffers and Mike Cheroutes were present to discuss the Wheeler bonding questions for the November ballot. Cheroutes told Council he wanted to discuss the legal ramific- ations of including wording of description of the questions. Chapman submitted to Council a print out of the land fund for the ten ~ar program. Chapman pointed out the programs Council has already approved out of the land fund. Chapman said there is not enough money in the land fund to do an additional $2,000,000 bond issue in 1983. Doing that would cancel the open space acquisition program for at least two years. Chapman said the was the land fund is program right now is $3,350,000 for both the Wheeler and open space acquisition; if Council changed the ballot question to have the Wheeler funded out of the land fund, that would be $3,200,000 being used entirely on the Wheeler. This would cause the land fund to have negative cash flow for two or three years. Mike Cheroutes told Council he has prepared a resolution cancelling the September 28 election and recalling a special election for November 2. Council has to decide what questions they want on the November 2nd election. Councilman Collins said he brought up the land fund and feels that should be the second question on the ballot. Councilman Collins said the people voted to fix up the Wheeler. To do this out of the land fund, the city only needs to defer the open space acquisition program for two years. Council- man Collins said he feels the land fund is the way to go. Councilman Collins said he felt the voters would be more supportive of funding the Wheeler out of the land fund. Councilman Collins moved that Council approve the second part of the question for the November 2, 1982, election to be one approving the Wheeler financing through the land fund; seconded by Councilman Knecht. Councilwoman Michael agreed that the city need to come up with a financing mechanism for the Wheeler; however, she feels that the sale of the Wheeler makes the most sense. Councilwoman Michael said she feels it is a mistake to use the land fund as a source of funding; this is coming close to destroying the philosophical sense of the open space program. Councilman Knecht said the land fund was created for historic buildings also.' Councilman Knecht said he felt it is insanity to look at new projects to buy when the city hasn't taken care of what they already have. Councilman Knecht said he agreed the city should end up with the Wheeler sale; however, this ballot gives the voters two options. Councilman Knecht said he abhorred the idea of raising property taxes. All in favor, with the exception of Councilwoman Michael. Motion carried. ~ Cheroutes told Council that the bond counsel for the sale lease back question is concerned about the inclusion in the ballot question itself of too much detail. There are some cases where elections were invalidated because of too much confusion in the language. Also, the inclusion of the language will tie the city's hands to some extent in terms of final transactional details. Cheroutes said there are alternatives of getting the information to the electorate without running the risk of having a confusing election question or being tied too tightly to the question. Mayor Edel said the question on the sale leaseback is not a fair telling to the public of what the issue is about. Jeffers said they feel that putting enough information for the voters to make an informed decision is fine, .but putting it in the ballot question is probably the wrong place. Councilwoman Michael said she would prefer more generalized language; Aspen has. an informed electorate. The city is not going to hide the facts. Council agreed to go with a simple question and have the information available in the ordinance setting the questions. Councilman Knecht moved to continue the meeting to Monday, August 31, 1982, a% 5:00 p.m. to consider the bus contract and the resolution for the election; seconded by Councilman Collins. All in favor, motion carried. · Kathryn ~. Koch, City Clerk Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Collins, Knecht, Michael and Parry present. City Attorney Taddune told Council they had to pass an ordinance to establish five precincts for the special election in conjunction with the county election on November 2, 1982. The five city precincts will be the same as the five county precincts. Councilwoman Michael moved to place Ordinance ~46, Series of 1982, on the agenda; seconded by Councilman Parry. All in favor, motion carried. Councilman Knecht moved to read Ordinance ~46, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~46 (Series of 1982) AN ORDINANCE PROVIDING FOR THE USE OF GENERAL ELECTION PRECINCTS AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1982 was read by the city clerk Councilman Parry moved to adopt Ordinance 946, Series of 1982, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmember Collins, aye; Knecht, aye; Michael, aye; Parry; aye, Mayor Edel, aye. Motion carried. City Attorney Taddune presented two resolution to Council, one of the containing the ACAC initiative to amend the Charter to require a 1/6th turn out to pass any indebtedness on the city's part. Taddune is giving the Council the opportunity to add this amendment to the ballot if a valid petition is submitted to the City Clerk's office. Mayor Edel said at this moment, a valid petition is not submitted and Council does not have to put this i amendment on the ballot. City Manager Chapman pointed out the City's Charter requires thei Council to set the purpose of a special election 60 days before that election. Councilman Knecht.said he did not want this amendment on the ballot. Councilman Collins said he would go along with the resolution with subsection (d), which is the amendment. Councilman Parry said he did not want the amendment on the ballot. Mayor Edel said he did not want the amendment on the ballot. Mayor Edel said Resolution ~25, Series of 1982 sets a special election on November 2, 1982, in conjunction with the county election. The three questions that will be submitted to the electorate are a sales tax revenue bond, the sale-lease back of the Wheeler Opera House and the use of the Thomas property for the highway right-of-way. Councilman Knecht moved to approve Resolution #25, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry moved to re-read Ordinance ~46, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #46 (Series of 1982) AN ORDINANCE PROVIDING FOR THE USE OF GENERAL ELECTION PRECINCTS AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1982, was read by the city clerk Councilman Parry moved to adopt Ordinance #46, Series of 1982, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Michael, aye; Knecht, aye; Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE #45, SERIES OF 1982 - UMTA Bus Grant City Attorney Taddune said the contract annexed to the ordinance is in the process of being revised and he is reviewing the language provided by the county. City Manager Chapman told Council the sense of urgency comes from the county who would feel more comfortable if the Council passes this on first reading. Council agreed they had no problem passing this on first reading as long as the contract is finalized by second reading. Councilwoman Michael moved to read Ordinance 945, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~45 (Series of 1982) AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF PITKIN PERTAINING TO THE CITY'S PAYMENT TO THE COUNTY OF TWENTY PERCENT (20%) OF THE LOCAL MATCH SHARE UNDER THE COUNTY'S UMTA GRANT FOR THE PURCHASE OF SIXTEEN (16) TRANSIT COACHES was read by the city clerk Councilman Parry moved to adopt Ordinance ~45, Series of 1982, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Michael, aye; Mayor Edel, aye. Motion carried. Councilwoman M~ichael moved to add the building department to the agenda; seconded by Councilman Knecht. All in favor, motion carried. ' I~ Mayor Edel said the building department has moved to the elementary school and the build- I! ing department had asked the Mayor to sign a lease for this space. There seems to be an ~' assumption that the city will guarantee or pay for the lease. City Manager Chapman said ~ he told the county that the city is not the tenant. The city's agreement with the county is that the county provides office space for the building department, and the city provides the office sPace for environmental health, data processing, planning, and animal control. Chapman said it is his opinion the city does not pay expenses for the building department. Chapman said the city is not going to sign the lease. If the county decides to provide office space for the building department outside the courthouse, it is their responsibilit to pay for it, not the city's. Chapman said he would follow up with a letter to the county manager. Councilwoman Michael moved to continue the meeting to Septe~er 9, 1982, at 8:00 a.m.; seconded by Councilman Collins. All in favor, motion carried. Meeting ended at 5:50 p.m. · City Clerk Continued Regular Meeting Aspen City Council September 9, 1982 Mayor Pro Tem Michael called the meeting to order at 8:20 a.m. with Councilmembers Parry, Kencht and Collins present. Mayor Pro Tem Michael requested a discussion of permit parking be put on the next regular Council meeting. ORDINANCE #46, SERIES OF 1982 - Setting Special Election precincts Mayor Pro Tem Michael opened the public hearing on Ordinance ~46, Series of 1982. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to adopt Ordinance ~46, Series of 1982, on second reading; seconde by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. City Attorney Taddune presented draft language on the three ballot questions, the Thomas property issue, the sales tax revenue bond and the sales/leaseback of the Wheeler Opera House. City Manager Chapman suggested adding to the Thomas property question the inter- sections, from Maroon Creek and Highway 82 and Seventh and Main. City Manager Chapman said the amount of the bond question will be $2,500,000. The total issue will be $4,300,000 including the purchasing of the land west of the Wheeler, the Oden property and the $1,200,000 which has already been approved. Mayor Pro Tem Michael pointed out that the question does not hone in on the fact that the $2,500,000 is money from the sixth penny land fund. Councilman Knecht said he wants two paragraphs for the sales tax question, one describing the money comes from open space and historic buildings funds. Chapman pointed out this bond is backed by all sales tax revenues. Mayor Pro Tem Michael suggested talking to bond counsel to see if they can add the fact the the city is targetting land fund monies for the Wheeler. The second question is the sales lease back for the Wheeler. Chapman said the city should get information to the voters on how much this is actually going to cost. This is a very complex issue. The bond question will have $2,500,000 figure in it and the sales lease- back will have a figure of $7,000,000 or $8,000,000. It~will appear to the voters that it is cheaper to the the bond issues; however, the sales lease agreement is less expensive than the debt service on the bond issue. Chapman said for both questions, the Council will have to rely heavily on getting the information out to the voters. Mayor Pro Tem Michael said she would like to see the two questions as fair and parallel as possible. Councilman Collins agreed the two questions should be in balance and should represent the same thing. Taddune said he would work with the bond counsel and present the questions at the next regular Council meeting. Councilman Collins moved to adjourn at 9:00 a.m.; seconded by Councilman Parry. All in favor, motion carried. K~ City Clerk