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HomeMy WebLinkAboutminutes.council.19830613 Regular Meeting Aspen City Council June 13, 1983 Mayor Edel called the meetinc to order at 5:05 p.m. with Councilmembers Collins, ~ichael and Knecht present. CITIZEN PARTICIPATION Bill Tomb, representing the Aspen Rugby Club, requested that special event permits for the Rugby club be added. Councilwoman Michael moved to add special event permits to the agenda: seconded by Council- man Knecht. All in favor, motion carried. 2. Bob Nelson, representing the bus drivers and the City of Aspen transportation system, told Council that when the transportation workers agreed to the consolidations of the transportation system, it was on the basis that Duane Fengel would be the deDartmen~ head at least the first year of the transition to make the transition easier for all involved. Nelson told Council there are 34 people employed with 3 to 10 years longevity. Nelson said it was his understanding that the county is writing the intergovernmental agreement and the city is not participating. Nelson said the bus drivers feel like they do not have support from anyone. Nelson said the transportation task force does not want Fengel as department director. Nelson petitioned for support from the Council. The bus drivers have been doing a good job. Nelson said they are concerned about their futures and would like support from the Council. The bus drivers have been in limbo for two years and they agree to consolidation only if Fengel were the department director. The task force wants to bring in someone from the outside. Mayor Edel said the county is not going to prevail in unilaterally preparing how the new bus system will work. There will be a board with two members appointed by the city, two members appointed by the county and the 5th member appointed jointly. The new board will reconmlend the department director. ~ayor Edel said the city is very much involved in the process. Mayor Edel said he believed strongly that Duane Fengel has done an outstanding ~ob for the city. 3. Bil Dunaway asked that the Council add to the the agenda using streets for the foot race for the Fourth of July. It is the same course as last year. Mayor Edel suggested this be on the new Council's agenda. RESOLUTION ~16, SERIES OF 1983 - Milton Conner Memorial Park Councilman Knecht moved to read Resolution #16, Series of 1983; seconded bv Councilwoman Michael. All in favor, motion carried. RESOLUTION 916 (Series of 1983) WHEREAS, Milton G. Conner (1898-1983) a native and life-long citizen of Aspen, Colorado, was a member and manager of the Board of Directors of the Fraternal Hall Association for 25 years; and WHEREAS, in this capacity he acted as guardian of the Fraternal Hall Building (City Hall) from 1928 until September, 1944, when he participated in the granting of a perpetual lease of the building to the City of Aspen; and WHEREAS, from 1944 until the mid-1970's, he was instrumental in preserving this historical structure and in transferring permanent title to the property to the people of Aspen in 1956; and WHEREAS, the City Council, on behalf of the people of Aspen, wish to express regrets and sympathy to his family and friends on his passing, and WHEREAS, the City Council wishes to honor and remember Milton G. Conner for his life and contributions to the people of Aspen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF APSNE, COLORADO: Section 1 That the City commemorate in perpetuity the name of Milton Conner by naming Lots N, O and the west twenty-two and one-half (22-1/2) feet of Lot P Block 93, City and Townsite of Aspen, Colorado, in his honor, to be known from this time forward as "Milton Conner Memorial Park". was read by the city clerk Councilwoman Michael said she would like to see something like a plaque in the park explaining about Milton Conner. Council agreed. Councilman Knecht moved to adopt Resolution ~17, Series of 1983; seconded by Councilwoman Michael. All in favor, motion carried. RESOLUTION ~17, SERIES OF 1983 RoDert"Bugsy" Barnard Park Cou~¢±lman Collins moved ~o read Resolut±on #17, Series of 1983; seconded by Councilwoman ~±¢hael. ~11 ±n favor, mot±on carried. RESOLUTIO~ ~17 (Series of 1983) ~HERE~S, DR. ROBERT ~. B~R~RD d±d abl7 and faithfull7 serve as a Coun¢ilmember for two years and Mayor of the City of ~spen, Colorado, for four years, and such outstanding service did contribute to the continued prosperity of the City and the accomplishment of its goals, and WHEREAS, Dr. Barnard was responsible for the annexation of the North and South side, and WHEREAS, Dr. Barnard was responsible for the adoption of the City of Aspen's 1966 Master Plan, and WHEREAS, Dr. Barnard actively worked for the elimination of all outdoor advertising both in the City and County, and WHEREAS, Dr. Barnard had unswerving faith in the concept of underground parking at Wagner Park, and WHEREAS, the City of Aspen desires to honor and commemorate a park in memory of Dr. Robert A. Barnard. NOW, THEREFORE,, BE IT RFSOLVED that the City commemorate in perpetuity the name of Dr. Robert A. Barnard by renaming No Name Park to be known from this time forward as "ROBERT A. BUGSY BARNARD ME~RIAL PARK" was read by the city clerk Councilman Collins moved to Adopt Resolution ~17, Series of 1983; seconded by Councilwoman Michael. Councilman Collins suggested a plaque for this ~ark also. Mavor Edel asked Chuck Dunbar to get involved in the plaque. Councilman Knecht asked about the landscaping plan for this park. Dunbar said he has gotten together some volunteers and they will submit a plan to the city. All in favor, motion carried. ORDINANCE ~23, SERIES OF 1983 Rubey Park SPA Councilman Collins stated there are several items on this agenda for second and final consideration, and he would like to propose that they be put off until the new Council is sworn in. Councilman Collins moved that Rubey Park SPA public hearing be opened and continued until the next regular meeting; seconded by Councilman Knecht. Councilwoman Michael said she ~s opposed to the motion as some of the ordinances to be considered are not controversial. Councilwoman Michael said when this Council took office four years ago, there old Council did not finish some business that this Council made some bad decisions on because they were not familiar enough with the issues. Councilmembers Knecht and Collins in favor; Councilwoman Michael and Mayor Edel opposed. Motion NOT carried. Mayor Edel opened the public hearing. 1. Francis Whitaker read a letter to Council. "Ladies and Gentlemen, I wish to oppose the passage of Ordinance No. 23, Series of 1983 for the following reasons. 1. Just on general principles, I oppose the rezoning of Rubey Park from P, park to any other land use. For at least 15 years there has been a constant battle to protect our parks and open space. Remember the Barnard administration's attempt to rezone Herron Park for employee housing, and then its use as a winter snow and trash dump. The Standley administration rezoned a portion of the gclf course open space on Cemetery Lane before anyone really know about it. Also tried to rezone and open for development the lots on the north side of the golf course, purchased for open space. The Edel administration rezoned, fortunately temporarily, a part of the golf course for an automobile impound lot, and appeared ready to give a large portion of the Thomas property to the Dividion of Highway for a four lane highway. Public opposition and the voters turned the tide. I believe the City of Aspen has a permanent commitment to the vo~ers to keep Rubey Park and a park. When this property was proposed for development, the then City Council took quick action. We formed a Rubey Park Trust Fund, to which 36 locals loaned $88,975, and which enabled the Council to hold the property until a bond issue could be submitted to the voters. The bond issue was to purchase the property for municipal purposes. I submit that commercial space is not a municipal purpose, and that the contributors and voters wanted the property undeveloped. The area is too small and in a highly congested area. The Rio Grande property was purchased for transportation, there is plenty of room there. Any transit terminal must have room for Trailways bus system, instead of leaving it out at the airport. I am opposed to the three exemptions, growth management, employee housing and parking. Every exemption you grant further counteracts the whole idea of growth manage- ment. Rexpectfully yours, Francis ~^~itaker." Whitaker read a letter from William and Florence Beaumont, who loaned money for the purchase of Rubey Park and who object strongly to the proposed plan for the development of Rubey Park. Whitaker read a list of loan contributions to the Rubey Park Trust Fund. L. Schoolman, $1000; William Staley, $1000 Henry Stein, $1000; John Strandberg Jr. $1000; Don Swales, $10007 Tom's ~arket S2000; Ben & Katherine Wells $3000; Francis Whitaker $1000; Leigh Wilson $1000; Phil and Joan Wright, $25; Michael Hernstadt $10,000; John Herron S1000~ Thomas Daly $2000; Kettle Corporation $3000: G. Drummond Mansfield $500; Charles Nicola $100; Harold Pabst $6000~ Ruth Pope $1000; Eve Homeyer $100; Esco Development Corporation (Butch Clark) $10,000; Blaine and Caroline Fairless Sl000; Giles Tilley and Mary Brown, $1000; Fox, Sweeney & True $1000; Peter Guy $2000; Gus Hallum $1000; J. Sterling Baxter $2000~ William and Florence Beaumont $2000; D.R.C. Brown $1000: Canyon Cable TV $10,000; Peter or Penderal DuBois $250; Aspen Skiing Company $10,000; Aspen Wildcat Inc. $5,000; Bank of Aspen $1000 Aspen Country Store, Inc $2,000; Tom Wilson (Hodge-Oliver) $3,000; 2. David Zaagman said he did not think it appropriate to build commercial building betwe~ the lodging zone and the mall. Zaagman said he felt there is further planning needed for that area. 3. Mayor-elect Bill Stirling said the nature of the proposal is laudable and extremely creative as it calls on the private sector to build a building for the city; but not at all costs if it is in the wrong place. Stirling said there is a glut of commercial space in Aspen, and to increase commercial space on city property is a problem. Stirling said he felt the spirit was to retain that area as open space. Aspen is threatened with losing open space. 4. L. Schoolman told Council he was one of the contributors to hold the property for the city. At that time it was to hold Rubey park to keep it from being developed. 5. Carolyn Doty told Council she is opposed to this project. ~s. Doty said that all open space that exists should be preserved. 6. Mark F. said he has never heard people complain about the inconvenience of getting on buses at Rubey Park. 7. Melinda Severence told Council ~hat Rubey Park is a transit center, whether it should have been there or somewhere else. For five years, the city, county and Ski Company have all used it as their central transportation point. Ms. Severence pointed out the city has tried parking and a bus shuttle at Rio Grande and people do not use it. 8. Mari Peyton said the city should investigate the possibility of adding bathrooms, a wa~ting area and shelter but eliminating the commercial space from this project. 9. David Engler said changing the cosmetics will eventually lose some of the ~ualities that make Aspen very attractive. 10. Council-elect A1 Blom~uist urged Council to put this off until the nex~ meeting. 11. Franc~s Whitaker pointed out any measure submitte~ to the voters to take away open space has been soundly defeated. Mayor Edel closed the ~ublic hearing. Mayor Edel agreed to let the new Council face this issue. Councilman Collins moved to continue the public hearing to the next reoular meeting; seconded by Councilman Knecht. All in favor, with the exception of Councilwoman Michael. Motion carried. SPECIAL EVENT PERMITS - Aspen Rugby Club Councilwoman Michael moved to approve the special event permits for 3.2 beer for the Aspen Rugby Club; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #24, SERIES OF 1983 - Lada Vrany Settlement Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance ~24, Series of 1983, on second reading; seconde by Councilman Collins. Roll call vote; Councilmen~bers ~ichael, aye; Knecht, aye~ Collins, abstain; Mayor Edel, aye. Motion carried. ORDINANCE ~26, SERIES OF 1983 - Aspen Skiing Company/Little Nell Extension of SPA Mayor Edel stated he believed he had a conflict of interest and will not vote. Councilman Knecht said he would like to put this off until the next meeting. City Attorney Taddune asked Council to read his memorandu~ interpreting SPA zoning mechanism. Andy Hecht also entered a letter he would like Council to have. Mayor Edel opened the public hearing. Councilman Knecht moved to continue the public hearing and table this until June 27, 1983; seconded by Councilman Collins. All in favor, Mayor Edel abstained. Motion carried. ORDINANCE ~27, SERIES OF 1983 Buckhorn Lodge Rezoning City Attorney Taddune told Council he has included language indicating that the owner of the property has induced the city to consider this by volunteering an FAR of 1:1 and has changed some whereases. Taddune said this does not change the character of the ordinance but tightens up the 1:1. Colette Penne, planning office, told Council that the planning office and P & Z recommend Council not rezone this C/L but recommend rezoning to L-3 for the four reasons listed in the planning office memorandum. Gideon Kaufman, representing the applicant, pointed out one of the objections to the rezoning is that C/L has a higher FAR. If the applicant were seeking a 2:1 FAR, there would be some concern. However, the applicant has agreed to an FAR for this parcel of 1:1. This is the same FAR as L-3 zone. Kaufman said by rezoning this to C/L, the Council is not creating more density, commercial space or any new lodge units but would allow Mr. Kelly to be conforming. This property has been the same way for over 20 years. Mayor Edel said one of the delights of Garmisch is the tiny lodges. The only reason they exist is because of the commercial space downstairs. Bil Dunaway said in C/L zone, there are no parking requirements. One of the benefits of this building is that there is good parking in an area that is congested. Kaufman said there are no parking requirements in either the commercial zone or the lodge zone. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance ~27, Series of 1983, on second reading as amended; seconded by Councilman Collins. Councilman Collins~stated he has had problems with the L-3 zone since it was passed by Council. Consistent with his position on L-3 as spot zone, Councilman Collins stated he must take the position this is spot zoning. Councilman Collins also agreed with the four points in the planning office memorandum. Councilman Knecht moved to table Ordinance ~27, Series of 1983; seconded by Councilman Collins. All in favor, with the exception of Councilwoman Michael. Motion carried. ORDINANCE ~28, SERIES OF 1983 - Subdivision ExcePtion and SPA Amendment for Marolt City Attorney Taddune told Council he is trying to iron out all problems of the closing prior to granting subdivision approval. Taddune requested Council open the public hearing and continue it. Mayor Edel opened the public hearing. Councilman Knecht moved to continue the public hearing and to table this until June 27, 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~29, SERIES OF 1983 - ShaDery Downtown Storage SPA Plan City Attorney Taddune reminded Council they have been advised as to their options with respect for an S/C/I use in this zone, and the ramifications for failure to act on this application. Taddune said, on the other hand, there has been a lot of interest an pur- chasing that property as o~en space. There have been negotiations with the applicant about purchasing the property. Gideon Kaufman said if something is going to be worked out to purchase this property, that has no legal bearing on the application. The applicant is entitled to a hearinc on the application. This application has been in process almost a year. Mayor-elect St~rling suggested a negotiating team be formed to work in the next two weeks to bring this to a resolution in another form instea~ of developing the property. Councilwoman Michael moved to table Ordinance ~29, Ser~es of 1983, until June 27, 1983; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht. Motion carried. ORDINANCE ~30, SERIES OF 1983 - Appropriations Finance Director Sheree Sonfield explained to Council these expenditures have been previously approved by Council. These are Allev clean up $14,286; trash barrels $4000; flower box project $16,215; mall operations $5000; roof repairs $11,825 and truck leases at S4000. The appropriation ordinance corrects the transfers from the land fund and the transportation/mall fund to the general fund. Mayor Edel opened the .public hearing. There were no comments. ~ayor Edel closed the public hearing. Councilwoman Michael moved to adont Ordinance ~30, Series of 1983, on second reading seconded by Councilman Knecht. Roll call vote; Councilmembers ~ichael, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~31, SERIFS OF 1983 - Do~pes Settlement Mayor Edel opened the public hearing. City Attorney Taddune explained this is an apDropri~ tion ordinance to settle a claim against various defendants. The city's share is S600.00 and is less expensive than litigation. Councilwoman Michael moved to adopt Ordinance ~31, Series of 1983, on secon~ reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Collins, aye; Mayor Edel, aye. Motion carried. GOLF PRO SHOP CONSTRUCTION FINAL REPORT AND SALE OF OLD PRO SHOP Jim Holland, ~arks director, told Council the oriqinal budget for the pro shod was $74,000 and the actual expenditure was $211 over budget. Holland said the architectural fees has an upset figure of $6400. After the job was completed, the architects Hagman-Yaw reported to Holland that their actual time was s2311 over the job. Holland said he felt the architects had done a great job, and the pro shod is a beautiful facility. Holland recommended Council add the $2300 to Hagman-Yaw's contract. This brings the 'project to only $211 over budget. Councilwoman Michael moved to give authorization to staff to increase Hagman-Yaw Architect Ltd. contract by $2315.78; seconded by Councilman Knecht. All in favor, motion carried. Holland told Council he had advertised in the paper for disposition of the old pro shop. Holland received three proposals in writing; the Lions Club in Basalt asked for donation of the building for a community center; a cash offer of s3250 from Joe Winerise. The third offer is from the Stones for a child care center. The offer has been changed from the last meeting, the original offer was to move the building to Iselin at their expense. The new offer is that the city move it at their expense, and the Stones are willing to lease it for a minimum of five years. Councilman Collins asked if the new offer to lease the space might come close to balancing the cost of the original offer. Holland said they may well. Councilman Collins suggested going back to the Stones to firm up the costs and lease payments. Councilman Knecht asked for an update on the landscaping. Holland said he will advertise for bids July 7. The earliest starting date would be 30 days from that. Councilman Collins asked if this included berming and paving of the parking lot. Holland said no. Mayor-elect Stirling said he had been contacted by students in the high school as a possibility of using this building as a teen center. ~ayor Edel said this Council would not make a decision on the old pro shoD. MAROON BELLS BUS PROGRAM Monroe Summers told Council this program has had seven successful years. The city took it over from the county three years ago and is proud of the fact that the program has been kept in the black. This year the Aspen Hichlands is foregoing its sky ride operation In the past, the city's relationship with Highlands has always been extremely cooperative. The Maroon Bells bus program has been a non-profit cooperative effort of the Aspen Skiing Company, who provides the buses, some insurance, and the physical barricades; the Aspen Highlands, who provides the parking lot and half the expense of a ticket taker; the City of Aspen and U.S. Forest Service. The four entities have worked well together. This year in the absence of the sky ride, the city has been negotiating a new arrangement with Highlands in order to keep the Maroon bells bus program going, fiscally viable and acceptable to the general ~ublic. Summers told Council last year a professor from CSU did a follow-up study, which showed the Maroon Bells bus program had achieved an acceptability with the public between 80 90 per cent. The study showed that the bus program could handle at most a fare of S2.25. Summers told Council taking all financial things into account, he arrived at $5,000 for the lease of the Highlands parking lot. Summers told Council he has had numerous meetin¢ with Highlands, and they have not arrived at terms. Summers said he offered Highlands $5,000 for a three year lease. Sun~ers asked Council to find acceptable the offer he made to the Aspen Highlands. Mayor Edel asked what the alternatives were. Summers said the Forest Service can affect a temporary day time blockage of the road. Summers said they have also investigated the alternatives of operating the bus program at the high school, the Iselin pool. This would create a bigger problem. Surm~ers said for the long-term solution, they have looked into a parking lot and staging area at the forest service boundary. The city could get out of the program and simply lease buses. The forest service has long range ~lans to do this and has funds for 1985. A landscape architect from the Department of Agriculture is coming to look into sites that might be appropriate for this operation. Dennis Bschor, forest service, told Council his alternatives are to turn cars away at Silver Bell and only let cars go up to ~aroon Bells when a car comes out, or to leave it wide open the way it used to be. Mayor Edel said this is a great program and has been very effective and means so much to this area. Councilwoman Michael said it may be time for the community leaders to sit down with the Highlands and discuss neighborliness and some praorities. Councilman Knecht suggested making a simple lease for one year and take a check for $5,000 and go to Highlands with it, and that's it. Councilman Knecht moved to allow $5,000 and simple lease with Highlands for one year for the parking lot for two months for the bus program and authorize Monroe Summers to make up lease and $5,000 check; seconded by Councilman Collins. Council suggested that Mayor- elect Stirling meet with the Highlands. All in favor, motion carried. AUDITED FINANCIAL STATEMENTS AS OF DECE~ER 31, 1982 Dave Steiner, Mark Johnson and Frank Schneider, representatives of Schneider & Shuster, presented the audit. Mark Johnson told Council the letter of recommendation has the same wording the Council has seen in prior years. The language is that prescribed by the accounting industry. Johnson said the auditors have examined the city's financial state- ment. This study, is not engaged to audit internal controls. Based on the results of the audit, no material weaknesses were found. Johnson said under finanical reporting and data processing, the city is improvin~ in this area. However, the current system as somewhat limited as far as the software for expanding and improving the system much further. The city should continue to evaluate ~his area. The system is adequate now, but if the city continues to grow, the system will become inadequate. Johnson pointed out in cash management and debt service, at the end of 1982, the city had the highest debt service in the city's history. Johnson ~ointed out the staff should be sure to review controls in the cash management area. Dave Steiner said the city maght consider setting up contingencies for bad years. Mayor Edel asked about the fund balances. Steiner said they are generally good and adequate. Johnson said the last comment is on internal audit function. This gets back to increasing and improving software and cash management. The city should consider the need for an internal auditor. This is an amportant function for determining inadequacies in interal control, making sure the internal control is functioning as established. Sheree Sonfield said this has been done on an intermitent basis. Ms. Sonfield said this is a good planning point. Steiner presented the audit report and told Council this is a new format. This will be submitted to the MFOA to qet a certificate of compliance. There are three sections; an introduction written by the finance director; the financial statements; and a statistical section. Steiner pointed out the auditors have given an unaualified opinion, which is the highest level. Page 12 shows the combined balance shee~ of all the funds. The city's assets are $71,000,000 for 19~2 versus $46,000,000 for 1981. This has something to do with the issuance of bonds and long term debt. The city did have an increase of $16,000,0( occurring in notes receivable and $9,000,000 from a bond issue. The balance sheet shows a liquid position as of the year end. In the liability section, the increase with the bonds and notes, the liabilities has gone from $16,000,000 to $28,000,000. All other items have stayed fairly comparable. As consemplated by the city and planned for, the only major change was the sale of Castle Ridge and assuance of debt for capital projects. Bil Dunawav asked if the $90,000 note owed by Trueman appeared anywhere on ~he books. Sheree Sonfield told Council this has been referred to the city attorney's office. Taddune told Council it is his position that the money is owing, and he is doing as much as possible to make sure the city receives payment Councilman Collins asked if Questionable debt is usually included. Steiner said normally this is not included. Dunaway pointed out if it were somewhere on the books originally, it would not be owed six years later. Steiner said the city is in good shape and credited the finance department and Council, who have both done a good job of handling cash. Councilwoman Michael moved to accept the audit for the year ended December 31, 1982, as performed by Schneider & Shuster; seconded by Councilman Collins. All in favor, motion carried. COUNCILME~ER COMMENTS 1. Councilman Knecht said at the last meeting, Council unanimously approved staff to look for $200,000 for the Wheeler Opera House. Councilman Knecht said he would like to direct staff to continue with that search and to report back to Council. At this point no one knows what is happening to the ~eeler. 2. Councilman Knecht said he would like a Rio Grande update immediately; he would like to know where the city is an the process. 3. Councilman Collins said it has been a pleasure to serve with Susan Michael, Herman Ede and George Parry for the last four years. It has been a fast four years with some rough times and great times. Councilman Collins wished them all luck. 4. Councilwoman Michael said she loved this town, and could not think of anything more stimulating than being on the City Council. Politics in Aspen as the business of resolving conflict. Councilwoman Michael cautioned that this town has put a lot of effort into issues and reminded not to forget QeoDle. Because of growth control, which was a good decision, a lot of employees have moved downvalley. Councilwoman Michael said she felt Herman has done a super job; it is a tough job being ~avor in this town. Council- woman Michael said the staff of the city has been good to her, thev are special people who take a lot and love their jobs. 5. Mayor Edel said being Mayor has been the thrill of his life. Mayor Edel said he loves this town, a contentious, rambunctious and battling town. Mayor Edel said he hoped Counci~ has done a good job. The Council has worked very hard. Mayor Edel loved every moment of being Mayor. Mayor Edel commended and applauded the other Council members. Mayor Edel ~raised members of the staff. Mavor Edel said he was proud of the fact the Council is ~anding over a financially healey city. Mayor Edel especially thanked City Manager ChaDmaI who has made being Mayor a remarkable exnerience. ~ayor Edel commended people who come forth and volunteer their efforts on behalf of the city. Mayor Edel's advice to the new Council was, "Keep the shower curtain in the tub", and wished them well. SWEARING IN ~CAYOR AND COUNCIL Municipal Judge Brooke Peterson gave the oath of office to William Stirling as Mayor and Allan Blomquist, Chic Collins and Charlotte Walls as Councilmembers. COmmENDATION RESOLUTIONS RESOLUTION =14 (Series of 1983) WHEREAS, Susan Michael has ably and faithfully served as Councilmember for four years and Mayor Pro Tem of the City of Aspen, Colorado, for two years, and such outstanding service has contributed to the continued prosperity of the City and the accomplishment of its goals, and WHEREAS, this Council has made innovative legislation for the preserva- tion of lodges, the ~r~servation of neighborhoods and of employee housing, and WHEREAS, Susan has unstinting!y given of her time to travel and represent the City on important water matters, and WHEREAS, Susan made sweeping changes in Council meetings by introducing the flying wedge table and food, and WHEREAS, Susan has shown care for the town through continued efforts on employee housing and ~edestrian safety on ~ain street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that by this resolution Susan Michael, be and hereby ~s commended for her service to the City of Aspen, and that this commendation ~e sDread upon the public records of this City. BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Susan Michael as evidence of the appreciation of the City of As~en for her service was read by Councilman Blom~uist RESOLUTION al3 (Series of 1983) WHEREAS, George Parry has ably and faithfully served as Councilmember of the City of Aspen, Colorado, for e~ght years, and such outstanding service has contributed to the continued prosDerity of the City and the accomplishment of its goals, and WHEREAS, this Council has made innovative legislation for the preserva- tion of lodges, the preservation of neighborhoods and of emDloyee housing, and WHEREAS, George has had unswerving faith in the trolleys an~ their use in the City, and WHEREAS, George, through experience and time, has proven his concern for employees of this town and for the business community, and WHEREAS, George has continually kept track of the number of whereabouts of the chairs in Council Chambers, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that by this resolution, George Parry, be and hereby is conm~ended for his service to the City of Aspen, and that this commendation be spread upon the public records of this City. BE IT FURTHER RESOLVED that a copy of this resolution be presented to George Parry as evidence of this appreciation of the City of Aspen for his service was read by Councilwoman Walls RESOLUTION al5 (Series of 1983) WHEREAS, Herman Edel has ably and faithfully served as Mayor of the City of Aspen, Colorado, for four years, and such outstanding service has contributed to the continued Qrosperity of the City and the accomplishment of its goals, and WHEREAS, this Council has made innovative legislation for the ~reserva- tion of lodges, the ~reservation of neighborhoods and of employee housing, and !^~EREAS, Herman was instrumental in the forming of, and continued success of, the Colorado Association of Ski Towns, which is important to Aspen's well-being, and ~^~EREAS, Herman had the foresight to gather together citizens for the Mayor's Commission to further As~en's well being, and WHEREAS, Herman introduced classic guitar music for the Council's well being, and WHEREAS, Herman acted as Ambassador-~ayor for the City of Aspen NOW, THEREFORE, BE IT RESOLVRD BY THE CITY CO~JCIL OF THE CITY OF ASPEN, COLRADO, that by this resolution, Herman Edel, be and hereby is commended for his service to the City of Aspen, and that this commendation be spread upon the public records of this City. BE IT FURTHFR RESOLVED that a coDv of this resolution be presented to Herman Edel as evidence of the ap~recia~'~on of the City of Aspen for his service was read by Mayor Stirling Councilman Collins moved to adopt Resolutions 13, 14, 15, Series of 1983, as read: seconcded by Councilman Knecht. All in favor, motion carried. CITIZEN PARTICIPATION 1. David Zaagman admonished the new Mayor and Council to go forward and do the changes they recommend be done in their campaigns. 2. Jere Rood sent Council a letter for a first request from the Aspen Historical Society for the Independence project. Rood requested Council considered their continued support economically of this project. 3. Bil Dunaway asked Council to out on the agenda the use of city street for the Fourth of July foot race. This is the Aspen Times 5, which is a five mile race. Councilman Collins moved to add this to the agenda; seconded by Councilman Blomauist. All in favor, motion carried. COUNCILME~ER CO~{ENTS 1. Councilman Blomqu±st said it looks like an interesting two years ahead. Councilman Blomquist said he would do his best on behalf of the future of ~he city. Councilman Blomquist said he intends to look closely at planning programs, trails, open space Drogram: from a destination resort objective. Councilman Blomquist said there will be a getting acquianted period and a learning curve ~eriod. 2. Councilwoman Walls said there will be a lot of times in the next four years when she will need to talk to a lot of points. Councilwoman Walls bypassed this point to talk for no reason. 3. Mayor Stirling said he is interested in communications with the citizens, he wants to know their ideas and the flow of information. ~ayor Stirlina said he would like to eliminate secrecy wherever possible. Mayor Stirling said he-would have office hours every day in city hall from 11 a.m. to noon; he will be in the mall ~ndays at noon. Mayor Stirling said he would like to move the office of the ~avor to the first floor of city hall; he would like to be available to ~eoDle. Mayor Stirling said he is interested in simplification, especially in the daily flow of information. ~ayor Stirling said he would like this Council to address traffic problems, the sto~ lights, ston signs, crosswalks, half hour parking, and post office traffic flow. ~ayor Stirling said he is looking for ~ city that strives for excellence, which Aspen is doing, and he is looking forward to bein~ Dart of it. ~ayor Stirling said he is honored to have the challenge of being ~ayor. Mayor Stirling said he would like to retain the balance of growth as a ski resort, a summer resort and an artistic and cultural center. 4. Councilman Collins said he is looking forward to working with the new Council. There is a great deal of work that needs to be done. Councilman Collins urged family, friends and citizens to stay in contact with Council, ~ive their input; it is helpful to have a sense of what people in the community feel. 5. Councilman Knecht congratulated the candidates and w~nners of the last election. Councilman Knecht said this new Council will be a wonderful, open, new experience. Assistant City ~anager Ron Mitchell said the Council needs to review the transportation consolidation and the Smuggler Area ~mDrovements. Councilman Knecht moved to out transDortat~on consolidation on the agenda for Tuesday, June 14, 1983, at 5:00 p.m.; seconded by Councilman Collins. All in favor, motion carried. POLICE CHIEF APPOINTMENT Assistant City ~anager Mitchell ~ave the official announcement of the selection of the chief of police for the city of Aspen. Wayne Chapman, city manager, has offered and been accepted by Richard Rianoshek, currently of Breckenridge. Rianoshek is currently the director of the Eagle County Law Enforcement Trainin~ Academy. This appointment will take effect July 5, 1983. Mitchell reported there was a committee made up of citizens to set forth a profile for the ~olice chief, as well as to review the applications. The committee narrowed it down to eight people for interviews. The committee then made recommendations to the City Manager for selection. The committee felt Rianoshek met the profile, and with his background can add a lot of leadership to the police department and that he will be an asset to the community. Some past experience is research assist- ant in an alcohol abuse center; police officer and youth detective in the Chicago Police Department; a consultant to the U.S. Bureau of Pr~sons~ Rianoshek has a bachelor's degree in sociology; a master's degree in administration of justice and personality psychology and is currently working on a doctorate. Mayor Stirling said the committee was made up of about a dozen people and represented a broad cross section of the community. This committee worked very hard and spent a lot of time. ELECTION OF MAYOR PRO TEM Councilman Knecht moved to nominate Councilman Collins as ~ayor Pro Tem; seconded by Councilwoman Walls. All in favor, motion carried. Mayor Stirling said the Council will have a work session tomorrow to review the transpor- tation consolidation, Smuggler and ~ssues that have been put off. ~a¥or Stirling said the Council will meet with the Boards and Commissions to talk about goals and commissions. BLUE RIBBON PANEL FINAL REPORT Janet Roberts and Mike Otte from the Blue Ribbon Panel presented to Council the report. ~s. Roberts explained this group was formed in February to take a look at the City's long range planning ~n terms of capital improvements. This group s~ent a creal deal of time looking at projects, originally examined by the Drlor Council. The grouDs primary mission was to determine what kind of financin~ was aDproDriate for the different projects. The Blue Ribbon Panel also looked at ~riorities for the various projects. The members of the Blue Ribbon Panel were drawn from a broad background of the community. The members are Jim Moran, chairman, Suzanne Caskey, John Doremus, Reese Henry, Bill Martin, ~ike Otte, Jim Patterson, Tom Richardson, Janet Roberts, Glenn Scott, Dave Stapleton, Tom Starodoj, Charles Vidal, and Charlotte Walls. The report contains a mission statement, telling Council why thev were formed. There is a larger report in city hall for Council to read. The philosophy of the group ended up being primarily concerned with the upgrading of the existing physical plant, especially the streets, and providing adequate budget in the future for maintenance. ~ike Otte told Council it ~s almost a miracle the group got so many people to agree on the recommenda- tions; not everyone agreed on everything. Otte said the group hoped their statement would provide a useful approach for the future, as well as regarding the s~ecific pro3ects of today. Part of the report addresses priority selection. Otte explained the Blue Ribbon Panel broke their priorities into categories A and B; catogory A are projects that are essential for health, life and safety. Otte said that note enough money has been spent in the last four or five years, and the City is faced with the necessity of a capital budget for things like roads. The Council has a respon- sibility · n the future to see that adequate annual operating budget is ~assed so the City does not have to play catch up every five years. Category B contains projects the group considered more discretionary. The group ~rimarily recommends the City do the projects in category A and wait to see before projects in cagetory B are done. Otte told Council the group challenged some assumptions that were provided to them. With respect to the parking garage, the group challenged the assumptions with regard to the amount of money that would be made. Otte said if the City says the parking-garage should pay for itself in order to justify doing the project, the group ~s suggesting it may not pay for itself. The group suggests Council look at the parking garage as a piece of an overall transportation plan. Otte pointed out a second area of concern, which is how much should be spent on Smuggler area improvements, The Blue Ribbon Panel recommends the city consider county standards rather than city standards in terms of roadways for the Smuggler area. This would cut $1,500,000 off the budget, and is more in keeping with the current neichborhood. The county standards should be a guideline and not absolute; there may be some areas that recuire sidewalks. Councilman Blomquist asked if the group saw any applicability in the Smuggler area for special improvement districts. Otte said the group felt the City might apply special improvement districts to many projects. However, with respect to Smuggler, it is a neighborhood that has not gotten its fair share of improvements over the past years. Otte said the Smuggler area represents an area that is deserving of havina some money spent to bring it up to standards. Councilman Blomquist asked if the Panel did an analysis of county responsibility versus city responsibility; much of this area is not in the city. Otte said a joint venture responsibility must be recognized~ there are existing neighborhoods in the city that border on this area. Janet Roberts brought up a concern of the Panel, which is how lona should the long term debt be financed. ~ost members felt that as the improvements are-bonded, they should be bonded for the life of the improvement and no~ pay for things in the future which only have a l~mited number of years. Councilman Collins explained that monumentation is establishing control in the city for surveying ~urposes, bench marks, elevations. Otte said the former Council recommended not to spend money on monumentation but to spend money on road improvements. Otte pointed out if the City is going to spend the money on roads, the monumentation might as well be done the same time. To do them separately, the city will spend more in the long run. Ms. Roberts stressed that all members of the Blue Ribbon Panel feel this should be on on-going process. The recommendations tonight, the Panel feels Council should commit to this year. Ms. Roberts said the Panel was asked to consider financing on 38 pro~ects; these have been ranked~ the panel has shown ~riorities. Ms. Roberts sai~ the committing of money for bonding, special districts or cash outlays is a very important process. Ms. Roberts said the committee feels that given the changes going on ~n the national economy, Aspen's economy and the ski industry, that the city should not commit to a large bonding immediately. The projects recommended in the report are the projects the Panel feels should be done right now. In the future, other projects can be considered. Otte explained the Blue Ribbon Panel began with a list of project approved from Council, and the primary mission was to see if the revenue sources made sense for each project. Otte said the city has a number of ways to raise money; property taxes, sales tax revenues, bonded indebtedness, or an enterprise fund. The Panel looked at all the possibilities for the pro3ects with a $25,000,000 budget. Otte told Council the Panel's conclusion and recommendations are (1) if Council wants to do all the projects, there is probably a viable, feasible way for the city to obtain the money and do the projects this year. However, the Panel feels the city should not do all the projects. The Panel recommends projects 1 through 12, which fit into category A. The Panel feels these are the pro3ects that the City must do~ Otte said the Panel recommends of the rest of the projects listed, if there is cash available, the Council might consider doino them on a priority basis. The Panel recommends if the Council is going to do discretionary pro3ects, pay for them out of pocket. The Panel recommends the City should not commit to more than $12,500,000 capital budget. Ms. Roberts thanked the staff who worked with the Blue Ribbon Panel and did a marvelous job of putting reports and information together for the Panel. Councilman Blomquist sai~ he was concerned with the list the Panel received in the beginning; there was nothing for open space acquisition. Councilman Blomquist said the social goods end up in the lowest priority; the engineering utilitarian things end up in first ~rioritv. Otte said these recommendations on the overall capital budget are made after going through a citizen involvement process. This report gives Council something to base their decisions on. This committee was to look at projects and financing and make recommendations. Councilman Knecht pointed out the sixth penny tax, the open space fund, can be used 25 per cent for maintenance and repair and 75 per cent can be spent on open space. The sixth penny tax was never included in the funding of these projects. Buying ooen space was never calculated in this. Councilwoman Walls asked if the Blue Ribbon Panel recommend the City establish a financial board like the County's. Ms. Roberts recoramended something like that as it is valuable uo have citizen input. Otte told Council the committee looked at the city's basic physical plant, which is trashed out. The City now has to come up with a hugh expenditure, that is actually maintenance. Councilman Collins said. the fundin, for Smuggler area improvements has been discussed on a 50/50 basis with the County and asked what the committee recommended. Ms. Roberts said the committee looked at funding through the local property tax owners in this area, which came to 100 mills, an increase of 25 times. A city-wide property tax increase would be 15 ot 16 mills, additional. A county-wide property tax increase would be an addition of 3.8 mills. Based on these figures, that is how the conumittee came up with the recommendation of a countv-wide property tax. Councilman Blomquist said in the GMP for both the city and county, one of the objectives is that development pay for its impacts. Councilman Blomauist said about 50 per cent of the necessary costs for Smuggler are caused by a project being built there. Otte said the staff does not agree with that~ the cor~mittee is recommending the City soend $3,500,000 in this area. The staff feels that if nothing is built uo there, those improvemenus are necessary now. Councilman Blomquist said this is a very good reoort. Councilwoman Walls said the writing committee did an excellent job summarizing everything that was presented. Otte said now that this orocess has been gone through, the Council should continue with this in order to develop long range planning. ORDINANCE $32, SERIES OF 1983 - Purchase of Property for Open Soace Councilman Knecht moved to read Ordinance 932, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE $32 (Series of 1983) AN ORDINANCE APPROVING THE PURCHASE PRICE (AND THEP~EBY RATIFYING A CONTRACT TO PURCHASE OF CERTAIN REAL ESTATE WITHIN THE CITY OF ASPEN WITH OPEN SPACE FUNDS AND D~SIGNATING THE SUME OF $80,000 TO PURCHASE THE SAME FROM OPEN SPACE PROCEEDS was read by the city clerk Councilman Knecht moved to adopt Ordinance $32, Series of 1983, on first reading; seconded by Councilman Collins. Assistant City ~anager Mitchell told Council this has been reviewed by the open space negotiating team and is being recommended for purchase. This oroperty is located adjacent to two lots the city recently purchase. Councilman Blomquist said he felt it is an excellent decision. Mayor Stirling asked if the Shapery property is not bought,. how does this fit into the overall concept. Councilman Blomauist said if the Shapery property is not bought, Shapery did give property next to the river to be dedicated as a park. Shapery has also agreed if he can build the project at once rather than in stages, and the city acquires rights-of-way, Shapery will do trail construction and land- scaping up to Puppy Smith street. Councilman Blomquist said this is a key purchase in the open space scheme. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye~ Walls, aye; Mayor Stirling, aye. Motion carried. TRANSFER OF LOCATION - Pour la France~ Mayor Stirling said this business is moving from Mill street to Main street and they would like to transfer their liquor license. Councilman Knecht moved to approve the transfer of Pour la France's liquor license from 108 South Mill to 413 East Main street: seconded by Councilwoman Walls. All in favor, motion carried. REQUEST FOR ENCROACHMENT - O'Leary's Bob Wells, engineering department, told Council they are the custodians of public rights- of way and were asked to get information on this application. The zoning officer commented that O'Leary's is already over their FAR. The zoning office had no objections to an open deck but objects to enclosing the space. The police dpeartment did not feel there would be an enforcement problem. The staff has discussed charging rent as the same rate as the mall restaurants, which would be $55 per month. O'Leary's would have the same restrictions as mall restaurants and only be used in the summer months. The engineering department recommends that the rail not be a oermanent type, but be removed during the winter. Mary. manager of O'Leary's, told Council there are open sliding glass doors facing the deck. A rail would give some restriction so that people do not 3ust walk off the porch. Mary told Council O'Leary's wants to put 2 or 3 tables out there and serve lunch. Mary said they would like to fix up the deck to make the building look better. Mary said they would prefer to have a oermanent rail, especially in the winter when ice and snow would form and make the deck slippery. Wells said the property owners are responsible for maintaining the sidewalks and decks in the winter. Councilman Knecht pointed out the sidewalk has a big dip in to and oeoole walk on the planter to get around the dip. Councilman Knech~ said he felt this set a ooor orecedent. Councilman Knecht said landscaping in this area is needed. This request would close in ooen space and would create and enforcement oroblem. Councilman Collins aareed the City has no business giving away to private businesses public rzght-of-way. Councilwoman Councilwoman Walls said she did not feel Council had any business encouraging people to encroach on city property. Councilman Knecht moved to deny O'Leary's encroachment request and recommend that the application replant the area and maintain it in mood condition as open space; seconded by Councilwoman Walls. Mayor Stirling asked if there are any other establishments, outside the mall restaurants, eating and bar which have been given permission to encroach on city property. City Attorn~ Taddune answered that Pour la France has been given permission to serve on the sidewalk. Ail in favor, motion carried. ORDINAI~CE ~33, SERIES OF 1983 - Appropriations Councilman Knecht moved to read Ordinance ~33, Series of 1983; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~33 (Series of 1983) AN ORDINANCE APPROPRIATING GNERAL FUND EXPENDITURES OF $20~434; APPROPRIATING WHEELER AND OPEN SPACE CAPITAL PROJECTS FUND EXPENDITURES OF $300,000: RECOGNIZING WHEELER AND OPEN SPACE CAPITAL PROJECTS FUND REVENUES OF $300,000; REDUCING PREVIOUS APPRCPRIATIONS IN THE TRANSIT FUND BY $1,710,000; REDUCING PREVIOUS RECOGNITION OF REVENUE IN THE TRANSIT FUND BY $1,710,000 was read by the city clerk Finance Director Sheree Sonfield told Council that generally appropriation ordinances are for expenditures that are already approved by Council. Council has approved the $4,050 for water for the soccer club. Council also approved a requested from CCLC for $16,384, which is funds they did not spend in 1982. Half of the revenues from the occu- pation taxes going to the CCLC. In the Wheeler and Open Space fund, the $300,000 represents loan proceeds the city anticipates upon closing of Marolt. Councilman Knecht moved to adopt Ordinance ~33, Series of 1983, on first reading? seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist aye; Knecht, aye; Mayor Stirling, aye. Motion carried. LIQUOR LICENSE RENEWALS - Primavera Ristorante and Takah Sushi Councilman Knecht moved to approve the liquor license renewals; seconded bv Councilman Collins. Environmental Health office, Tom Dunlop, requested Council to conditionally hold Takah Sushi until they comDlv with the health inspection. Dunlop explained he olaces the burden on ooerators of-restaurants to gain compliance with his inspections. When they satisfy the recuirements, he will release their liquor license renewal. Councilman Knecht moved to include this in his motion~ seconded by Councilman Collins. All in'favor, motion carried. USE OF STREETS FOR FOURTH OF JULY FOOT RACE Councilman Blom~uist moved to approve the idea of the foot race and reouest this be worked out with staff; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Walls moved to continue the meeting to Tuesday, June 14, 1983 at 5:00 ~.m.~ seconded bv Councilman Knecht. All in favor, motion carried. Council left Chambers at 9:35 p.m. ·-K-athryn ~. Koch, City Clerk