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HomeMy WebLinkAboutminutes.council.19830228~egu±ar ~ee~lng Aspen ~lty ~ounc~£ ~'eDruary £4, £~s3 tomorrow with a qualified person. Chapman also told Council that he has been informed that Patsy Newberry is no longer interested in the position. CONSENT AGENDA Councilman Knecht moved to approve the consent agenda; seconded by Councilman Parry. The consent agenda is (1) Resolution ~5, Series of 1983 - Deputy Municipal Judge; (2) Liquor license renewal - Aspen Club; (3) Special Event Permits - St. Mary;s Church; Aspen Ski Club. All in favor, motion carried. Councilman Parry moved to adjourn at 9:10 p.m.; seconded by Councilwoman Michael. All in favor, motion carried. Regular Meeting Aspen City Council February 28, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:05 p.m. with Commissioners Klanderus, Madsen, Child, and Blake and Councilmembers Knecht, Michael and Parry present. 1. Quit Claim Deed RE; Dump. Assistant City Manager Ron Mitchell told the Boards that this deed is still being worked on by staff. The dump is a facility owned jointly by the city and county of 260 acre parcel. It was purchased 50/50. The Boards have been advisedll of an effort to consolidate the administration/operations of the facility under one entity. It is necessary to start palnning for the replacement of the landfill. To achieve this, the city was to quit claim its interest in the facility to the county, and the county would assume responsibility for the operation and replacement of the landfill. Mitchell explained the dump has a remaining useful life of less then ten years, and its replacements is expected to cost approximately $5,000,000. The county may sell a portion of this property in order to finance a new facility. Mayor Edel said he had no problems deeding the dump to the county; however any proceeds from the sale of any land should be limited to solid waste purposes only. City Manager Chapman told the Boards this was discussed, and the county feels if they are willin~ to get into the business of running a landfill and take whatever rish there may be, let them have the headaches and responsibilities and get whatever rewards would be attached. Chapman pointed out that deeding the dump to the county would require voter approval Councilman Knecht moved to authorize the Mayor to execute the quit claim deed, giving the city's interest in the landfill to the county, subject to voter approval; seconded by Councilwoman Michael. City Attorney Taddune suggested that Council either authorize the conveyance by formal resolution or condition the execution upon his approval. Councilman Knecht amended his motion to condition the execution of the deed upon the approval of the city attorney;seconded by Councilwoman Michael. All in favor, motion carried. This was a city motion only. 2. Tranportation Consolidation Report. Transportation Director Duane Fengel~presented, at Council's request, the route costs on Mountain Valley and Snowbunny. Fengel said he would like to go with a three bus route system and this consolidation. These two routes have experienced the least ridership, and it has been recommended that these routes be reduced or eliminated. The taks force has designed a combined route that would service eaCh area once hourly; vans will be used throughout most of the day. Buses would only be provided during peak demand as needed. This new route would cost approximately $88,000. Commissioner Klanderud said that the Commissioners have suggested that a board of directors for the transportation authority be considered. This board would be made up of five members; one Councilmember, one Commissioners, and three citizens to be recommended by the existing task force and approved by the Council and Commissioners jointly. This transit authority should be formed prior to the election to be able to answer any questionSi. This transit authority should determine how to spend the seventh penny, staffing for the Transportation Authority, and negotiate a service contract with the Skiing Company. Klanderud said the key to consolidation is that it is city bus service and county bus service to provide service levels that are desired. Ms. Klanderud said that the county, as grantee for the UMTA grant, would issue the revenue bonds to finance the bus maintenance facility and related equipment. An intergovernmental ii agreement will be prepared for the March 14th meeting. The Commissioners will also set the ballot question for the seventh penny at that meeting. Ms. Klanderud said the basis for forming the Transportation Authority is to allow them to address the election details, including service levels, routes and staffing. Mayor Edel said he would not favor forming an Authority until service to the Snowbunny and Mountain Valley areas is assured. Blake said that the Authority will address service routes/levels in the city and well as in the county. The feeling is that an Authority could more effectively address valley transit service within an appropriate and viable financial and organizational structure without prejudice by either governmental entity. Councilwoman Michael pointed out that the election is only two months away and did not feelI it appropriate to create an Authority at this time. Councilwoman Michael said that Council has a responsibility to city residents to provide service within the city until such time as the issue has been voted on. Ms. Klanderud explained that none of the city routes would be changed until January 1984. Ms. Klanderud said she felt it appropriate toil form a transportation authority now in order for them to prepare for the election. Councilman Knecht said the transportation authority will include one Councilmember and one Commissioner so that each government will be involved in the Authority.. Councilman Knecht said it would be inappropriate to restrict the Authority by mandating specific routes. Commissioner Child said this authority will be vested with extraordinary powers, and for them to exercise those responsibilities and powers, they will have to be birthed unencumbered. They should be able to function most responsibily and creatively without restrictions. Fengel explained that the sole purpose of this Authority is to provide the highest level of service to the greatest number of residents With the revenues collected. Fengel said his main concern is the outcome of the election, and he feels that the Authority can assist in this. Jerry Blann, representing the Aspen Skiing Company, said the Authority should be based on sound business practices. Blann said he felt that the fewer encumbrances imposed upon the Authority by the two local governments, the more effective that Authorityl would be. Blann indicated a preference for negotiating with the new transportation authority rather than the city on the Skiing Company bus contract. Mayor Edel said he Supported a consolidated system as it will be cost effective; however, he is concerned about the election unless specific routes and services were first identi- fied. Councilwoman Michael suggested that the election be held first, and then the Boards form the new transportation authority. Councilwoman Michael said a basic service plan should be presented to the voters prior to the election to allow for some assessment of the routes that are expected to continue. Ms. Klanderud pointed out that the Board and the Council will appoint, as well as participate in the new transportation authority. It is not expected that an Authority would be appointed that would not implement the goals of the Council and the Commissioners. Ms. Klanderud said the task force would like to make a presentation at the.subsequent joint meeting on the new Authority, including its composition, powers, functions and duties. The Commissioners hope a proposal can be finalized and adequate funding secured, prior to the next ski season. Councilwoman Michael pointed out there is a city election in May, which may provide a new City Council, and that the issue of the transportation authority should be deferred until then. Councilwoman Michael said she felt the city should nego- tiate the contract with the Skiing Company given the history of the involvement with the city. Blann explained he has discussed with city staff to have a one year interim contract pending the formation of the transportation authority. Councilman Knecht moved that the Council approve the agreement and that a transportation authority get going as soon as possible; the Board of Directors should be formed prior to the election; the Board should consist of five members; one Councilmember, one Commissioner, three public members recommended by the existing committee and confirmed by Council and the Commissioners; after the outcome of the election, the Board should have full authorityil and responsibilities for how the seventh penny will be spent, long range planning, revenue! bonds, dealing with UMTA, negotiating with the Aspen Skiing Company and the intergovern, mental agreement should be presented at the March 14th meeting. Motion DIES for lack of a second. Councilwoman Michael said she felt it politically unwise to provide a transportation authority prior to the election. Councilwoman Michael suggested the Board and Council endorse the consolidated transportation model drafted by the task force, which includes a projection of revenue, budgets, and identifies specific routes throughout the valley. Councilwoman Michael moved to accept the Roaring Fork Stage Line/Consolidation Model from the task force and the route changes outlined in Fengel's memorandum of February 28, and that the task force continues to work towards the election; seconded by Councilman Parry. All in favor, with the exception of Councilmember Knecht. Motion carried. This was a city motion only. 3. Amendment Joint Communications Contract. Director of Communications, Don Davis, presented an amendment to the communcations contract presently existing between the City of Aspen, Pitkin County, and the Town of Snowmass. This amendment assigns the responsi- bility for the department's staff and budget to the county, in recognition of the proposed relocation of the communications center to the new jail. Otherwise it is exactly the Commissioner Klanderud moved to approve the amendment; seconded by Councilman Knecht. All in favor, motion carried. COUNCIL MEETING CITIZEN PARTICIPATION 1. Dave Zaagman, candidate for Mayor, asked about the ordinance on limitation of campaigni! spending. City Attorney Taddune told Council there has been a court challenge of this specific ordinance as well as other around the county. Taddune said he will present a recommendation in the next few weeks to adopt legislation repealing this ordinance. 2. Phoebe Ryearson said she would like a report on the Pitkin Reserve project and what is happening to the Smuggler trailer park. Ms. Ryears©n said she would like a history of all the actions between these two projects and with the city. City Attorney Taddune said he would get this together. 3. A1 Blomquist said he had a petition for initiative ordinance to firm up the open space program for the city of Aspen. Blomquist said he requested the planning department to get specific about the open space and trails programs. Mayor Edel suggested Blomquist meet with City Manager Chapman to let him know exactly what he wants. ~u~ ~v~u~n9 ~spen ul~y uouncl± ~'eDruary zs, 1~3 4. Hal Clark said he sent a letter to Council about a parcel at the Trueman property. Mayor Edel said he has received tw© letters about the history of the Trueman property as reflected upon the warehouse project. Mayor Edel said these letters have been referred to staff, who will follow up on this. COUNCILMEMBER COMMENTS 1. Mayor Edel said the Hotel Jerome rezoning should not be on this agenda, but rather on March 14th agenda. 2. Councilman Collins brought up the snow and ice on the Castle creek bridge and a great amount has accumulated. Councilman Collins said either the c~ty or the state should keep both sidewalks of this bridge clear. The bridge should be kept open for pedestrians. Councilman Collins said the sidewalks on the north side of Puppy Smith road have a lot of snow and ice on them. City Manager Chapman said that sidewalk is private, and the police department has talked to the owners to tell them it is their responsibility to keep the sidewalks clear. The bridge is the responsibility of the state. The city does keep the south sidewalk clear. 3. Councilman Collins asked about the light at Cememtery Lane and does the city have any policy about manning the light to expedite traffic through tere. City Manager Chapman said originally the state told the city we could not operate it. Through negotiations, they have let the city operate it manually, and that is what the tow truck driver was doing out there. 4. Mayor Edel congratulated zoning enforcment officer, Bill Drueding. There was a com- plaint about a neon light in a store, and Drueding talked to the owner and got it removed immediately. Mayor Edel said he would appreciate a story in the media that the city has ordinances against neon signs. WHEELER OPERA HOUSE - PROGRESS REPORT Bob Murray told Council the Wheeler Board will be giving reports to Council on a regular basis. The~ are in the last 8 or 9 months of completion on the Wheele~i which they hope will be November 15, with a gala opening planned for January 15, 198~. ~ Murray presented a preliminary operating budget, which is somewhat of a guess becaus~ t~.~heeler has not been in oReration. Murray told Council the local arts groups are being screened on exactly how many nights they want, which are performances and which ~re ~ie~earsals. The Wheeler Board anticipates the theatre being lighted 300 nights a year, with 100 of them being movies. Eve Homeyer said they have not adopted a schedule because ~t is not known when the Wheeler will open. Bob Murray said the Board hopes that the people in the commercial space w-i~l~ get in and do their renovations before the theatre opens. Murray said the Board would like Council's!!i~9 ! reaction because this budget is very rough. Murray said the tours of ~h~ Opera House have been very successful. Murray told Council the Board has received 8 proposals for the commercial rental space; they are a wide variety of proposals. Murray tot~ Council the Board is still refining the criteria of what types of uses should be in the Wheeler. Murray told Council the Board decided to proceed with the handicap ele~ator~now, rather than close the theatre later to install the elevator. Mayor Edel said he felt the advertising budget is much too modest and this should be investigated more closely. Councilman Collins asked what consitutes the Wheeler Opera House foundation and how do they generate money. Murray said he would like to have a foundation to generate an upfront fund to maintain the Opera House. This would be a subscription of members of people who would be interested in attending the Wheeler on a regular basis; this would be a non-profit entity. MayOr Edel suggested taking that out of the budget because it is very conjectureish. Councilman Collins said there is not a total of expenses. Murray said the Wheeler Board will go back.and refine the budget. Murray t~ld Council there are seven members on the Wheeler Board and their attendance has been excellent; their advise is very valuable. Murray said Tom Erman from the M.A.A. has also been attending, it is suggested that he be appointed as an alternate member to the Board. Mayor Edel said this is a great board, and they have worked very hard. Mayor Edel asked City Manager Chapman to research appointing Erman as an alternate and whose terms are coming up. Murray told Council that Clayton Hayes of Collins Engineering has.met with the Wheeler Board and is recommending that the tresses in the ceiling be strenthened because this space may be used as storage. This is a $6,000 expense. Chapman told Council he felt this should be done; the architect's opinion is that these beams need to be reinforced. Chapman said the best course of action is to spend the $6,000 and there is no question in the future that this should have been done. Councilman Collins said this was prompted by the organ question, and the possibility of an organ is a strong one. Council agreed to the $6,000 expenditure. Murray told Council that the League of Historic Theatres reportedii~ on the Wheeler, and they may have their conference here in June 1984. Councilman Collins said he has a memorandum about the Wheeler and would like to arrange a special meeting to go over some of these items. Council schedule a special meeting for March 7, 1983 at 5:00 p.m. GOLF COURSE CONTRACT City Manager Chapman presented a Resolution authorizing a contract with Sport Stalker for three years for operating the golf pro shop. Chapman said Council's last consensus was that the city should get a share of the sales Ou~ of the pro shop, since the city built a new pro shop. The city attorney's office negotiated a share with a formula with a revenue ceiling of 10 per cent of all revenues derifed from carts, lockers plus 6 per centl retail sales. Chapman said after this contract, and determining the worth of the facility the city will be in a better position to have a straight lease per square footage lease. Mayor Edel said he did not mind a three year contract, but would like to reexamine the figures after this season. City Attorney Taddune said this is not a lease but a license agreement in recognition that Sport Stalker is managing the services for the golf course. Council wanted a good faith reopener after this season. Councilwoman Michael moved to adopt Resolution ~8, Series of 1983, as amended; seconded by' Councilman Parry. All in favor, motion carried. RESIDENTIAL GMP APPEALS & ALLOCATION Colette Penne, planning office, told Council there were three projects in the residential GMP, one is a free market unit for the Whale of a Wash with a Silverking unit deed restricted. This successfully competed and met all thresholds. Ms. Penne recommended a resolution of allocation for this unit. The second project was for one free market and one employee unit at 111 west Hyman. The scoring left it short from the threshold by less than two points, and there is an appeal for this project. The third project, Snowridge of five free market units and five employee units fell substantially short of the thresholds and the applicant is not appealing it. Councilman Collins moved to draw up a resolution awarding one unit of allocation to the Whale of a Wash; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Parry who abstained due to conflict of interest; seconded by Councilwoman Michael. All in favor, motion carried. Ms. Penne read to Council the section of the Code governing appeals. "Having received the commission's report, the city Council shall consider any challenges thereto by applicants; provided, however, that the city Council review shall be limited to determining whether there was a denail of due process or abuse of discretion by the commission in its scoring, Any challenge must be filed with the planning office within 14 days of the date of the public hearing by the P & Z;" Ms. Penne told Council the appeal was filed within the time limit, and does not suggest any denial of due process. The argument the applicant presented suggested an abuse of discretion by the P & Z. Ms. Penne said the staff, to determine abuse of discretion, has to look at the scoring to see if there was any aberration in the points awarded. Ms. Penne said the staff feels there was no abuse of discretion, and Council should not be considering the appeal. The scores were quite consistent. Ms. Penne said the P & Z has to score on what was submitted, and in some areas there was not enough information submitted. The scoring is in the purview of the P & Z, not Council. Appeals are based on giving due process or whether there was abuse of discretion in scoring. City Attorney Taddune said Council is reviewing what the P & Z has done. Stan Mathis, representing the applicant, objected to the storm drainage getting zero points. Ms. Penne said this was a comment from engineering that having the drainage run into existing drainage was a problem. Mathis said he did not feel this project was not causing new services at increased public expense; this is not impacting the area. Ms. Penne~ said an applicant submits a project; they cannot delete and add things to satisfy referral agencies. Ms. Penne said this project unsuccessfully competed two years ago, and the drawings submitted are from two years ago. The drawings do not meet current height restrictions; they were not as it would be built. Mathis said this project needs 1.6 points to meet the threshold; any place points are not awarded where they feel it is justified, they would like extra points. Taddune told Council they have the ability to look at the decision made by P & Z to see if it is arbitrary and capricious. Bill Snare said he felt part of the decision was arbitrary. Snare has owned this property since 1957. There was an old house on the property, which did not conform to code. It would be very costly to bring this up to code. They went ahead with the project and 3 of the 4 units have been completed, and this project should be finished. Snare said he felt it was worth 1½ points to get the project completed. Mathis said there were 104 units available this year; it is strange that only one unit was granted this year. Taddune said the burden should be on the applicant to demonstrate there was some deficiency at the P & Z review. Councilwoman Michael said she felt that the P & Z strictly followed the Code. Councilwoman Michael said she did not feel that the P & Z was arbitrary in their decision. Councilman Collins agreed that P & Z was not arbitrary. Councilwoman Michael moved to deny the appeal; seconded by Councilman Knecht. All in favor, with the exception of Mayor Edel; Councilman Parry abstained. Motion carried. Alan Richman, planning office, addressed Council on the remaining units; there are 119 units remaining to either carry over or not. Richman said the staff recommends not carrying over these units. There is a large growth this summer with Silverking, Hotel Jerome, etc. This is up to Council whether to carry these units over or not. Councilman Knecht moved to not carry the quota over; seconded by Councilman Collins. All in favor, with the exception of Councilman Collins. Motion carried. REQUEST REACHOUT Councilman Knecht moved to table request for Reachout until March 14; seconded by Council- man Collins. All in favor, motion carried. TROLLEY CARS Monroe Summers told Council he had brought this issue to Council a year ago on the six antique trolley car on whether to sell them or not. Council decided to table the issue for one year to allow the private sector to come forth with a way these trolleys might be used. Summers told Council he had sent out a mailing about these trolleys. Summers noted these trolleys have been outside for a year, and their value is slowly depreciating. Jon Busch said there is a resolution from CCLC which advocates keeping and using the trolleys. Busch said there is a letter from some merchants to establish a cross town ~egu±ar ~ee~lng Aspen ulty ~ouncl± ~'eDruary ~, 1983 system. Busch said as a community, Aspen should use every quality marketing tool available. The trolleys can be basic transportation as well as a unique feature. These trolleys are irreplaceable. Summers said he did not generate any interest in a group wanting to run the trolleys in Aspen with their own money. He did generate interest from other towns to buy the trolleys and run their own system. Busch told Council the agreement with Michael Hernstadt is that he would take care of the trolleys; he has not done so. Councilwoman Michael asked if there was business interest in town that would operate the trolleys. Bil Dunaway said he is in favor of the trolleys because they would be an asset. However, people do not like the overhead wires and the noise. On the other hand, people would like the uniqueness of the trolleys. This would be a gOod shuttle from Rubey park to the Rio Grande. Dunaway said he felt this would be a service to the community and is a needed shuttle in the downtown core. This should be a city function, just as the buses are a city function. Summers told Council the CCLC voted in favor of keeping the trolleys as a possible alterna- tive in the central core area and requested Council not sell the trolleys. Councilwoman Michael said the closer Rubey Park comes to being a transportation center, the more important the trolleys become. However, the city Council has a capital improvements plan with many, many items that are day-to-day needs. Councilwoman Michael said she would like more information on the routes, what this would do to the streets, etc. Councilwoman Michael said the city should either sell the trolleys or do something with them. Councilman Knecht moved to keep the trolley cars for an additional year; look at the whole thing with the CCLC, and with the transportation group, and see if something can get accomplished next year; seconded by Councilman Parry. Mayor Edel said that the assumption that the trolley cars are a positive element is an assumption at best. Mayor Edel said he felt for Aspen they are far from positive. ~a~6r Edel said there is a list of $25,000,000 of capital imprqvements before Council for~ ~?~ approval. Mayor Edel said no private enterprise will come forward to finance this. Mayor Edel reiterated there is a list of $25,000,000 improvements that are essential to~. the health, safety and well being of the city. The city has spent a lot of money~f%o~get rid of wires, now this would necessitate putting wires back. Mayor Edel said the ci~. wants people to walk through town and to spend money in the town. Mayor Edel sai.d~he felt trolleys were inappropriate in Aspen and they are a mistake financially. Councilman Parry said he felt trolleys would be a great asset. A trolley from Rubey Park to the Rio Grande is an essential link in the entire transportation system. Busch Pointed out that two city studies have recommended shuttles. Terry Harp said shuttles could be used for the design conference, the M.A.A. skier shuttles, walking tour, etc. Harp tolcl~ Council he has been asked to run shuttle with his horses for six years. Harp SUggested horsesselling, the trolleys and have a carriage maker build trolleys that could be pulled~by. ~ ~ All in favor, with the exception of Mayor Edel. Motion Carried. Councilmemberls Michael and Parry left Council chambers (it was the last M.A.S.H. series). EDELWEISS CHALET RECONSTRUCTION Colette Penne, planning office, told Council this is the first project in the lodge L-3 rezoning action that is requesting reconstruction permission. P & Z has approved the reconstruction of the lodge. The proposal is to tear down the existing lodge and build the Hotel Lenado. Approval has been given for rebuilding to the 1:1 FAR. Council needs to exempt the employee unit, a 400 square foot studio unit. The applicant is also asking that the newly develoPed lodge be condominiumized. Ms. Penne pointed out~ there ar~ t~elve conditions recommended by P & Z. In condition 8, the applicant would li~e to d~ete "the use of five clean-burning designed wood stoves and an energy efficient fir~place'~ and replace, "that the applicant must abide by newly proposed city air pollution regulations in the form they are finally enacted by the city". Ms. Penne told Council she felt this is fair. Ms. Penne said condition 11 is about a promissory note in the amount of 30 per cent of the fair market value. Council has the authority not to require this promissory note. P & Z has to send this condition up; Council has the ability to waive this. Ms. Penne pointed out that since the old lodge is being torn down and a new one reconstructed, it is somewhat unnecessary. The staff recommended that condominiumization not be finalized until the building is completed. Councilman Knecht moved to grant subdivision exception for the purposes of lodge condomini, umization, GMP exemption for the construction of one studio employee unit and a parking exemption for that unit to the reconstruction of the Edelweiss Chalet, subject to the conditions 1, 2, 3, 4, 5, 6, 7 with change, 8 with change, 9, 10 and 12 in the planning office memordandum of February 28, 1983; seconded by Councilman Collins. Councilman Collins said he has had preliminary talks with the architeCt about some engineering, however, he does not feel this is a conflict. Council agreed. All in favor, motion carried. NICK'S FRESH SEAFOOD City Manager Chapman told Council Councilman Parry asked this be on the agenda. Nick's Seafood is primarily a wholesale operation with limited retail. They would like ~o move to an S/C/I zone. When they approach the building department, they were informed retail sales are not permitted in the S/C/I zone. Councilman Collins suggested this proposal should go through the proper channels, and they should make an application to P & Z. Council agreed. RESOLUTION 96, SERIES OF 1983 - Penne, Davis, Horn Improvements Assistant City Manager Ron Mitchell said that Council has already approved these improve- ments by motion; they need to formalize them. These improvements are a fence and to enclose one room. Councilman Knecht moved to approve Resolution 96, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ~egu±ar ~ee~lng Aspen ~l~y ~ouncl± ~'eDruary z~, ±~3 RESOLUTION ~7, SERIES OF 1983 Support of Senate Bill 211 (Anti-Trust) Councilman Knecht moved to approve Resolution #7, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~6, SERIES OF 1983 - Appropriations Mayor Edel opened the public hearing. There were no commen~s. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance #6, Series of 1983; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. LIQUOR LICENSE RENEWALS - Andre's Councilman Knecth moved to approve Andre's liquor license Renewal; seconded by Councilman Collins. All in favor, motion carried. CONSENT AGENDA Councilman Knecht moved to approve the consen~ agenda; seconded by Councilman Collins. The consent agenda is (1) Special Event Permit - Mountain Rescue. All in favor, motion carried. Councilman Collins moved to adjourn at 8:15 p.m.; seconded by Councilman Knecht. All in favor, motion carried. ~h, City Clerk Mayor Edel called the meeting to order at 5:10 p.m. with Councilmembers Collins, Knecht, Michael and Parry present. Councilman Collins had presented a memorandum to Council concerning the Wheeler Opera House Board and the changes to the Wheeler. Councilman Collins said the charge to the Wheeler Board from Council was specifically outlined in Ordinance ~10, Series of 1982, which gave the reason for setting up the Board, the powers and duties of the Board, terms of office, etc. Councilman Collins said he feels that the Board, in terms of the powers and duties were not following their responsibilities, but have gone far astray from the original charge of managing and operating the Wheeler Opera House to that of redesigning the Wheeler. Councilman Collins pointed out the Council entered into a contract with an architect; the architect submitted plans; the plans were approved by Council. The Council engaged a construction manager to execute those plans. Councilman Collins said that the Board has assumed a role beyond what they were .asked to do; there have been time delays in executing the construction.. There have been significan- extra costs added to the construction process. Councilman Collins said there have been. design elements which have been changed, which changed the direction of the multiple uses of the facility. Councilman Collins said the basic question is whether the Board has exceeded its authority as a Commission established by Council and whether the Board has been expending funds beyond the budget for this project and whether Council is in agreemen' which the actions this Board has taken. Councilman Collins said Council should look at some of the technical matters, look at the costs that have been increased beCause of redesigning the facility. The Council needs to look at the time delay in regards to completion of the building. Councilman Collins said he has looked at the revised plans the architect has executed at the request'of this Board. Councilman Collins said these plans envisioned a lot of detail; there are 45 pages Councilman Collins said it is evident to him that these changes are significant and will add considerably to the final cost of the structure, with the possibility there may be budget overruns on the amount budgeted by Council. Eve Homeyer, Wheeler Opera House Board, told Council they have taken the charge of looking into everything in the Wheeler seriously. They have looked at all recommendations and hay. tried to build a theatre that will work and not create a museum that will sit empty and provide a drag on the community forever. Ms. Homeyer said everything they have done, they have done cost consciously and to make the Wheeler open to more members of the community. Ms. Homeyer stated the flexibility of the theatre is imperative. The Wheeler Board felt there were things that the architect did that were terrible. The Board has recommended some changes. The Board knows they cannot expend any money without coming to the City Council. The Board has asked the architect for specs and figures for months. Ms. Homeyer pointed out the Board was handicapped because the real estate transfer tax has not come through as anticipated; an election was necessary and things came to a screeching halt. This set the Wheeler program back three months. Councilman Collins said with the outside expert help, there is duplication in the Wheeler; everyone has their own opinion on how things should go. Councilman Collins said he did not think the Council intended for the Wheeler Board, when Council set up this ordinance, to get into matter of design. Councilman Collins said there was a good design for the Wheeler and to go back and make changes at great cost is not what the Board was charged with. The ordinance is specific in terms of management and operation. Councilwoman Michael said the Wheeler Board is doing.more than they were changed with doing; however, this is not necessarily wrong. Councilwoman Michael noted when this Council came into office, Castle Ridge project was in the works with architects and contractors. The Council then spent much time on incredible detail. Councilwoman Michael said when she found out the Wheeler Board was getting involved in design decisions, she felt that was good because of all the business Council.has to conduct. Councilwoman Michael agreed that this was not specifically part of the ordinance. Any project has some design decisions that do not get decided until six month and on into the construction process. Councilwoman Michael said any project cannot have a set design with no changes. Councilman Collins agreed there are always a number of things that have to be attended to, and this Board could address some of those questions, such as the space on the first floor for the director's office. Councilman Collins said the language in the ordinance was specific on four or five items that should have been done, the schedulingrpolicy, the budget, the five year financial plan, etc. This is what Council should be looking at and that has not been done. Council saw a preliminary budget last week, and Councilman Collin said he felt it was totally inadequate and was void of any information Council would need in terms of budgetting. Councilman Collins said the Board should not be limited strictly to the language of the ordinance, but there is nothing in the ordinance in terms of designing the theatre or the function of the building. Councilman Collins said he has looked at the drawings and there are a great deal of changes, all of which have added to the cost of the budget. Councilwoman Michael said if there was no Wheeler Board, or if the Board had stayed straight to the line of shculeding policy, 100 per cent of the design decisions the Board has made would have sat at the Council table. Councilwoman Michael said the Wheeler Board did not ask that they have a major design theme; this was a process that happened. Councilwoman Michael said if the Wheeler Board did not do this, the Council would have done it. Councilman collins said the architect had already designed the building. There were some areas Left unattended that the Wheeler Board could have addressed, but not go back and make major changes. Mayor Edel said what this Board is doing is not something they slipped into because of a vacuum, but was more a charge from Council. Mayor Edel said Council has sat in on Wheeler Board meetings and was pleased that this Board, because they were eventually goinf to manage and run the theatre, they come up with a threatre that they feel is functional. The Council wanted the Board to take up the nitty gritty details. Mayor Edel said he recalled'Council saying make the changes; if the changes involve budgetary considerations that will put the project out of kilter, ~ouncil should make that final decision. Mayor Edel said this is not something the Board slipped into; this became part of the unwritte charge, which Council gladly gave to the Board. Mayor Edel said Councilman Collins allude to changes that are costing so much money; if that is the case, Mayor Edel would like to know about it and would like to be specific and know where the Board made changes that caused all the expense. If this is the case, Mayor Edel would like to know why the Board did not come to Council to approve these vast changes. Mayor Edel said he found the architect, in the early states, a frustrating man to deal with who was going to deliver what he wanted to deliver, not what the community wanted. Mayor Edel said he was pleased when the Board jumped in, as a reflection of the community, and said this is our theatre for our use and we want it our way. Mayor Edel said what the Board was doing is somethinc he would very much fight for. Mayor Edel said, specifically, Roger Morgan presented a lighting system which Edel felt would have lit Radio City Music Hall, and presented a sou] system that was overkill to the greatest amount. Mayor Edel said these particular areas are areas which he has experience with in his business.' Mayor Edel said if there are specific items in which the Board has spent money, he would like to know about these. Ms. Homeyer said the major item is the projector booth in the balcony, which has been unde attach from many sides. Ms. Homeyer said movies have been in the Wheeler since 1909 and are an integral part of the history of the Wheeler. Ms. Homeyer said there is not a member on the Wheeler Board that would not have been enthusiastic, if the architect could have demonstrated a mirror that worked. A mirror in the Wheeler involves putting an operator in the attic where he cannot see the screen and provide movies. The Wheeler Boar~ would like to have no projection booth in the balocnyo When the Wheeler Board and Councilman Collins went east and there was nothing to see; they were totally unprepared, Kestler, Morgan and the group. The consultant said they thought they could invent it. Ms. Homeyer said the Board did not want to gamble Wheeler time and money on something that may be invented. Ms. Homeyer told Council the Board was asked by members of the film groups not to fool with this; the quality of the film will be terrible. Ms. Homeyer said a mirror projection system would involve lifting heavy film cannisters into the attic. It is an awkward way to get the job done. The Board presented a letter from Fritz Benedict stating it was not a very handsome thing to put the booth in the balcony, but it was obviously the best way of the available choicel Ms. Homeyer said the architect has fought the Board all the way. Ms. Homeyer said the Board has been unable to understand why, when a community Board such as the Wheeler Board who has been appointed by the City Council, the arhictect should not acceded to the community wishes. Ms. Homeyer said the same thing happened with the lobby, the architect is opposed to any kind of amenity in the lobby for serving popcorn or champagne. They just had fits about it and have dragged their feet on it. Ms. Homeyer said they have not been responsive to the community wishes. Ms. Homeyer said the Wheeler Board feels they represent the community fairly well. MS. Homeyer said the Board is not doing anything that will be "too too" or uneconomic. Ms. Homeyer said they would not want to be charged with running the Board if they cannot make some changes because it will be a dead building otherwise. Councilman Collins said when they went back to 10ok at the mirror system in New York, that it was a satisfactory system. Councilman Collins said he thought two other members agreed with him; subsequently, there are comments about dissatisfaction. Councilman Collins said in Denver there are similar double mirror systems. Councilman Collins presented an articl, in Artichtecture Record of 1972 about film projection and mirrors. Councilman Collins said there has been a lot of comment that this sytem is an untried, expermiental device, and this is not the case. Councilman Collins said he has talked to a number of people who have used this system for years. The owner of theatres in Washington D.C. with a mirror system told Councilman Collins he is satisfied with it. Councilman Collins said in the last round of changes within the last two or three months, the architects were given a deadline of 30 days; one of the architects indicated it would take 60 days. The drawing. were ready in 45 days. Councilman Collins said when he looked at the amount of detail, 45 days was damn good time to get the drawings done. Councilman Collins said he keeps hearing the architect taken to task. It is obvious there was a problem with the architect in the beginning, and perhaps another architect should have been obtained. Councilman Collins said he has never seen this happen professionally in 30 years, anybody almost emasculate a firm, the way this firm has been taken to task. Councilman Collins said the Wheeler Board minutes reflect a letter sent to the principle of the firm, which is an indication of some of the feeling going back and forth between the Board and the architect which is very unfortunate. Councilman Collins said he understood the Board tried to cooperate with the architect. There are some things in the design of the building that are being taken out of the hands of the architect; that is not the way it should be done. Mayor Edel said he never thought the architect would make the final decision on things like seats. Seats have been sent to Aspen for staff and Council to sit on and look at; some are expensive, or terrible, or people cannot fit into them. Mayor Edel said in work- ing with architects, it is the individual's tase factors that will determine the details. In this case, there is a community tase factor as represented by the Wheeler Board. Mayor Edel said if this Board does not agree with the architect or think things are inappropriate it is entirely logical to say they don't like it. Bill Shorr told Council he also viewed the mirror system and he does not believe any mirror system has the same special quality of the one the Wheeler would have had, which was in the ceiling. The issue of the project- ionist not being able to see the screen and the issue of access of film to the projection- ist are very important. -Shorr said the imporant point is the function of the Wheeler and to enable the community to use the Wheeler to the ultimate of their ability to use the Wheeler, and also to maintain the historical integrity. Shorr said noone wanted the projection booth in the balcony; however, it is a question of form over function. The mirror system did not seem to function. Shorr said the Board sent ahead to the architects the special requirements of this system. The architects did not answer these requirements. Shorr said the architect presented no solution to the problem of how the projectionist would see the screen; there was no solution to getting the films up to the attic. Shorr said the issue of funcation of the Wheeler is paramount. Shorr said none of the decisions were made cavalierly; they have to do with the Board's belief that the Wheeler has to function for multiple uses under tremendous constraints. The ultimate decision is to go with something that if functional; these are not design questions, they are functional questions. Will the dressing rooms function, will the lobby function so that it is economically viable; will the stage function; will the backstage function. Shorr said the Board believes this building will work best as it possibly can. The Wheeler should not be a drain on the community; it should be an exciting building for the communit users to use and to want to use. Shorr reiterated the building is going to function, and nothing the Wheeler Board asked for as reprehensible. The Wheeler should work for all art groups in the community; this will be a jewel. Councilman Collins said he felt the questions about the projection booth in the ceiling were answered by the architect. A dumbwaiter was proposed to get the film cannisters up there. The projectionist could follow the site of the film or insert a prism for the projectionist. Councilman Collins said as far as cost, it is less expensive to use the attic. The space is there and the booth would hot have to be finished off. Councilwoman Michael pointed out the Council met with the Wheeler Board about the projection booth in the balcony versus the mirror in the attic. The Council ratified the decision of the Wheeler Board to have a projection booth in the balcony. The Council was brought in on that decision and did ratify it. Councilman Collins said there is further information that time and there are ramifications of having the booth in the balcony. Ms. Homeyer said part of the figures listed about the projection booth include new project ors; the Wheeler Board does not envision new projections, they envision using the old projectors. Mayor Edel said he never considered new projectors. Ms. Homeyer pointed out in #7 of appendix B, a figure of $73,000 is listed for the projection booth which includes the cost of selling the old projects and buying new ones at a net expenditure of $50,000 very rough figures. The Board is not planning on buying new projectors. Bob Murry, Wheeler director, told Council in October when the architect were in Aspen, they asked for more time to see if they could located an example of a mirror/periscope system and asked for three weeks. Murray told Council after four weeks, he called the architects. The consultants had found some mirror systems that were not applicable. Murray said that mirror-periscope systems are not exotic; however, one from the ceiling is very exotic. The representatives of the Wheeler Board and Councilman Collins went to Princeton to see a mirror-periscope system. Murray said this was a very poorly prepared presentation, which the architect admitted. Murray said their questions were not adequate answered. Murray told Council that aesthectically, the mirror-projection is not home free in the attic. The ceiling booth would require permanently five hanging mirrors, which would compete for attention with the chandelier. Mary Martin said their group is very much interested in fiscal responsibility. Mrs. Martin said from the very onset, this Council took a very nebulous, chose an architect that by all odds one could have seen immediately was not well liked. The first drawings for the Wheeler with that round thing were ridiculous. People came and sat here and listed to it; it was not worth listening to because the city still kept the same Mrs. Martin said the Council is talking about little, individual things here. Mrs. said she was present because she felt the Council is responsible for the condition that this is an. Not one person has mentioned the money. Mrs. Martin said she read the ordinance that states what their duties are. The Board is very wonderful to give their time and work on it; but they did overstep their boundaries. Mrs. Martin said that Susan mentioned that ordinances can be worked around, and that's not true. Councilwoman Michael said she did not say that. Mayor Edel agreed that Susan did not say that. Mrs. Martin said that Susan said that this ordinance maybe did not define it clearly. Councilwoman Michael pointed out there is a vast deal of difference between when Mrs. Martin just said and what she said a sentence ago. Councilwoman Michael stated she did not say ordinances can be gotten around. Mrs. Martin said she did not know what Susan said, but if she would repeat it. Mrs. Martin said the Council charqed the Board with this amount, which does not say the Board can go and ask the architect to go and make 45 more changes without coming to Council for okay. Councilwoman Michael said she agreed with Chic that the Board has gotten into areas that Council did not anticipate they would. Councilwoman Michael stated she did not say that the city got round the ordinance. Mrs. Martin asked what is the total sum of changes that the Board plans to make. Mayor Edel said Council would get to that. Mayor Edel said that Councilman Collins has come forward with some specific comments, appropriately so and Mayor Edel commended Councilman Collins for doing that. However, Mayor Edel the Wheeler Board has done what it has done at the behest of Council. Mayor Edel said Wheeler Board has done an admirable job. Mayor Edel said when the Wheeler is finished, the community will be very proud of it. Mayor Edel said people are jumping on the band- wagon because of what Councilman Collins has said, and with justification, he has some legitimate gripes and is taking this issue way beyond that. Mayor Edel said he felt this was grossly unfair; it is unfair to the seven people; it is unfair to the ultimate results. Mayor Edel said he resented the implications of Mrs. Martin's remarks. Mrs. Martin said it is the principle of how things work. Mayor Edel said the way things work as that the Council as assigned certain tasks. The Council, in turn, refer certain tasks. Mayor Edel said the Council has lots of committees. A committee met this after- noon for two hours on how to light the city and how to do a whole number of things. Mayor Edel said Council designates their authority to committees. The Council has desig- nated to the Wheeler Board certain activities. The proviso in that is that committees will not do anything if it evokes a big expense. Any expense must come to Council to be approved. Mayor Edel said he had yet to hear, other than conjecture and innuendo, that the Board has spent a lot of money on their own. Mayor Edel said this is not the case. Mrs. Martin said she does not know what the Board spent because it has not been clear. Mayor Edel said nothing has been spent beyond one $6,000 item, which came to Council and Council agreed it should be spent. This had to do with windows. Mrs. Martin asked if Council okayed all the changes, which I think if they think it's agreeable and it is an admirable thing that they have done, what they have done to bring this forward. Mrs. Martin said it is late. Everything is always late in this town; it is after the fact. Mrs. Martin said that everything comes behind the procedure. Money is allocated and now there are changes. Mayor Edel said that is not the case, and it is an unfair allegation. Dan McArthur, city engineer, said there has only been one change, and that is the $6,000 for windows. The rest of the items are in consideration now and are out for bid under bulletin 7~ The staff does not have the costs; they have not been approved at this point. Some of these costs have been estimated. McArthur said money has not been spent yet. Chapman told Council there are two phases to this project. The first phase is almost finished and will be about $100,000 under the budget. Councilman Collins said there ought to be numbers with these changes so that Council knows exactly what is going one. Mayor Edel agreed with Councilman Collins that the operating budget for the Wheeler was inadequate; it needs more work. Dorothea Farris said the architect proposed something the Board did not suggest, a plastic and chrome and glass for the lobby. The Board said that was not what they had in mind and what they had told the architect; they are then charged with a change order. The Board is being charged for not getting what they asked for in thc first place. Ms. Farris said a lot is being put down as costs are not what the Board was asking for in the first place. Councilman Knecht said the original intent of Council was to give the Wheeler Board as muc~ responsibility as Council could. Councilman Knecht said the Board has done an incredible job combining an historic place and a people place. Councilman Knecht said this is a remodelling job, and nothing is black and white in a remodelling job. One has to make adjustments as you go along in a remodelling job. Councilman Knecht moved to continue full support of the Wheeler Board; seconded by Council- woman Michael. Councilwoman Michael said before Council adjourns, the changes and figures should be resolved. Bill Shorr said this Board represents every discipline that hopes to use the Wheeler; theatre, dance, music, and film and three members at large. Theumembers were elected on recommendations from their peers. The Board wants the building to work and has worked toward that end. Shorr said working with architects is a collaborative effort. Councilman Collins said the Wheeler Board has done a lot of work, and they should be thanked for that. Councilman Collins said he felt the Board had overstepped their bounds. Councilman Collins said he would like to know where things stood in the changes the Board has made and the need to come to Council for the extra costs. Mayor Edel went over the charges for loosing the 27 seats in the balcony to the projector booth and said he did not feel the figures were accurate, and that the city would not lose $800,000 for these 27 seats over 10 years. Councilman Collins responded that he had figured these costs conservatively, and the lose of the income from that seat is real in terms of the net income that goes back to the city or the Wheeler. The money is lost because the seats are not there. Council and the Wheeler Board went over the items listed in Councilman Collins' memo. Ms. Homeyer said no one knows the cost of the changes requested; the Board has been tryin. to get the costs and the specs on these changes. Ms. Homeyer said the Board did not look the glass and chrome lobby and sent this back for revision. The Board is set on having a good looking lobby with the proper amenities in a style that Aspen would accept King Woodward pointed out after discussions with the architect, the Board sometimes got a model back, for which they did not ask. Mayor Edel asked why these costs were accepted if they were not requested. McArthur said the city has not accepted the costs yet because some of the items are in question. Ms. Homeyer said a roll down screen is totally unacceptable. Don Swales said this is a cheap way to save space, and there is a cheap reproduction on the screen. Mayor Edel agreed a rolled up screen is absurd. McArthur pointed out the city purchased a speaker with the projection system that is adequate for the movies. If there is a roll up screen, this speaker cannot be used and there would be an additional speaker cost. Councilwoman Michael asked what a fly up screen would cost. Swales answered $1,000. Councilwoman Michael questioned the cost in this item of $7,000. Councilman Collins said this was probably the architect's estimate as there had to be changes in the heatin¢ system of the attic, change the wiring and the ducts. McArthur told Council he did not know where any of these costs had come from. Councilman Collins said they are from the meetings held October 11 and 13. McArthur said the staff would have firm prices in a few weeks to show Council. Change number 3 is change to the proscenium arch to make the sides removable. Bill Shorr explained what a proscenium arch is and this one is 24 feet wide~ which is very small. The Board asked if it was possible to have an arch closer to 30 feet to make the space more usable. The architect came up with the idea of making the sides more like scenery so that they can fold back and have an opening of 30 feet. This is a question of a functional change. The Board also requested that the original boxes become functional Ms. Homeyer told Council the Board did inquire what it would cost to change the heating and ventilation; when they found out the cost, they eliminated the idea. Ms. Homeyer said she felt the Board would have been remiss if they had not asked all these questions as they want to make the theatre work. The Board knows they cannot afford the heating and ventilation changes, councilman Collins said there are three large concrete pads on the west side ~f the building to support the compressors. McArthur told Council the Board requested a cost for air conditioning in the whole building; the cost was quite high. The Board then asked for the cost in just the theatre portion. The final decisiol was to pu~ this out to bid in three separate systems, the theatre level; the stage and pit level; the first floor level. Mayor Edel asked if anything had been spent. McArthur said the city spent money for the architect to design the changes so the staff could find out the actual cost by putting it out to bid. The city has not approved the changes. McArthur said for design changes of the concession stand, projection booth, the screen, the box office, first floor lobby, proscenium arch, sound room control are in the area of $28,000. The architect has absorbed $1900 of costs to try to convince the city to put the projection booth in the attic. McArthur said there are some questions on whether the full amount should paid be on possible overdesign, regarding the models that were never requested but were received. Woodward said the Board felt it was better to investigate the air conditioning now than after the building was built. Mayor Edel said Councilman Collins has brought up a relevan~ point if the city has spent $20,000 on these changes. Perhaps Council should have been advised, without tying the hands of the Board, that the Board is going to ask for these changes and that it would.involve some expenditure. McArthur said sometime the architect came back with a design entirely different from what the Board asked for. There was some conflict and loss of time. Ms. Homeyer told Council she felt it was implicit in the Board~ instructions to take this task, make these investigations and get a working building. Ms. Homeyer apologized that the Board did not formalize this with Council. McArthur pointE out if the Board went back to Council every time there was a change, more would have been spent in design costs. City Manager Chapman said a letter had been sent to the architect. The architect responde~ and was concered about this situation. There seems to be a better feeling between the architect and the city. Ms. Homeyer pointed out the Board did ask to have the windows changed from fixed to operating; historically they were operating. Council agreed to this change. Ms. Homeyer said change 6, relocate sound and communication room from west addition to attic, was done for the sake of storage. This room was moved not only for storage, but its original location made entering and exiting the elevator more difficult. The architect agreed the original location was a poor one and was relocated. McArthur said he did not feel this change would cost much as the amplifiers are just being located in the attic. Chapman reiterated that because of funding problems, the Wheeler project had to be broken into two phases. The~ city.definitely had the money for phase one, started in September 1981 was a $1,200,000 project. Much of the detail was left for phase two; there have been changes because the architect, engineer and design team got into further detail. McArthur said the discovery stage was very vast in this building because of the two fires in the Wheeler and the water damage since. Councilman Collins said he had outlined $73,000 for the change in the projection booth, $8,000 for design; $25,000 for construction and $40,000 because he thought new projectors would have to be purchased. The Wheeler is not going to purchase new projectors, so this cost does not count. Swales said there always was a booth in the balcony, which was the sound booth. These boothes have been combined. The last change was a discussion of the "art" at the Wheeler and who commissioned it. McArthur said this has always been in the drawings. Mayor Edel suggested that Council take a site visit before deciding on this "art". Mayor Edel said Council had accepted this, but it should be looked at. Ms. Homeyer asked if it was known that Councilman Collins had an interest in the Wheeler through a consulting job. Mayor Edel said this was know and he had no problems with Councilman Collins asking these questions. Chapman pointed out that Councilman Collins has not voted on matters affecting the Wheeler Opera House. Ms. Homeyer said, had the Board thought of it, they would have asked Council for a budget out of which to make changes. The Board has to worry about very small details, where doors are, where drinking fountains are. Councilman Collins said his numbers came out of report when the architect was in Aspen; some of the numbers are his estimates. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Parry brought up exterior lighting of the Wheeler and that the city's lighting consultant was in town. The Council and Board should decide what kind of treatment they want on the Wheeler and give John Levy a direction. Bob Murray said the light spilling out from the lobby is very important. Lights cannot be spilling into the auditorium. Murray said the architect should be brought into this discussion because he is designing lighting the interior. Councilman Parry said he felt it important that the Wheeler Should be lighted when there are no performances going on. Councilman Parry moved to direct John Levy to include lighting on the Wheeler Opera House in his information he is gathering for the city, so the Council has this as an alternative to the architect's proposal; seconded by Councilman Knecht. John Levy told Council the exterior lighting was never addressed by the architect; this was an oversite. There is dialogue going on between.Levy and the architect on exterior lighting. Levy said the question is whether the exterior of the Wheeler will be integrate into the overall lighting package being prepared for the city or whether the Wheeler should work in isolation. All in favor, motion carried. Councilwoman Michael moved to adjourn at 7:30 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn~. Koch/City Clerk &,