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HomeMy WebLinkAboutminutes.council.19830912Regular Meeting Aspen City Council September 12, 198q Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Blomquist, Walls, and Collins present. ~ CITIZEN PARTICIPATION 1. David Zaagman thanked Council for inviting him to the party with the German delegation; it was very enjoyable. .~= ............ ~ ~n u~y uounc~± September 12, 1983 COUNCILMEMBER COMMENTS 1. Mayor Stirling said this past weeken Aspen was visited by a delegation from Bavaria. The City, ARA and other groups had a great 24 hours. Among the group were people from Garmisch- Partenkirchen, Aspen's sister city. Mayor Stirling said he would like to put a resolution on the agenda dealing with the exhibition in Denver and the continued alliance between Aspen and Garmisch-Partenkirchen. Mayor Stirling said in 1986 will be the 20th anniversary between the two cities. Councilman Blomquist moved to put the Bavarian resolution on the agenda; seconded by Councilman Collins. All in favor, motion carried. 2. Mayor Stirling announced some groups have requested works sessions with Council; the Aspen Arts West as well as the Aspen Ice Palace. These will be scheduled. 3. Mayor Stirling said he has received a request for a special week to be set aside for emergecy medical week. Councilman Blomquist moved to include this with item 15, Integrity Day; seconded by Councilwoman Walls. All in favor, motion carried. 4. Mayor Stirling reminded Council that tomorrow at 5 p.m. Council has been invited to join the P & Z to continue the discussion that started 3 or 4 Weeks ago. 5. Councilman Blomquist said he would like Council to discuss meeting only on alternate Mondays for work session. Councilman Blomquist said he would like to meet with the ARA and what is the city's and ARA roll in the resort business and how far the city should be in the resort business. Councilman Blomquist moved tO add these items along with the report on Council planning day; seconded by Councilwoman Walls. All in favor, motion carried. City Attorney Taddune requested that Council add two items to the Council. One is the Shapery transaction and the outstanding question regarding claims. The other is the staff has prepared an ordinance for first reading increasing the real estate transfer to from 1/2 per cent to 1 per cent. Councilman Blomquist said he would like to discuss this under election issues, number 12. Councilman Blomquist moved to add Ordinance #48, Series of 1983, under item 12; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. Taddune said in the Shapery purchase there were some outstanding problems, there were some mail delays and communications with Trueman. The letter of understanding has to do with outstanding questions that Taddune has discussed with Council. Councilman Blomquist moved to add this to the agenda as XXA; seconded by Councilwoman Walls. All in favor, motion carried. David Zaagman questioned the issue that there is $300,000 short on the bus consolidation, Councilman CoLlins said he is not prepared to get into a discussion about that at the present time. It is a very complex question, and there will be a meeting of the trans- portation board tomorrow night in which the issue will probably come up for discussion. WHEELER BOARD RECOMMENDATION - Use of basement space and Wheeler Foundation Bob Murray, director of the Wheeler, told Council the Board is not prepared to discuss the budget but rather the formation of a Wheeler Foundation. The Board would also like to submit their recommendations for the basement space. Murray said McGee and Me had made application for the first floor. The Board asked if she would be willing to rent the ~ basement space for a retail operation. Mrs. McGee is willing to lease it at $14 per square foot. Mrs. McGee would like to move in before the holidays or wait until after April 1. This moving in late would be a loss of revenue to the city. Mayor Stirling asked if she would be doing the leasehold improvements. Murray said all the tenants get what they see, the shell of the building, and do their own improvements. Murray said Mrs. McGee has been told she cannot use any garrish signs because of the historic nature of the building. Councilman Collins asked if the basement had access from all three stairways. Murray said the Mill street entrance goes up as well as down; there is the Pub entrance; there is a new stairway underneath the grand entrance, and there is an entrance on the west side. There is access to the basement from approximately all four corners of the building. Murray said the Board's recon%mendation is the only retail area is the McGee & Me space, the others are storage and offices. One office is an architect, the other is storage space and an office for the restaurant directly upstairs. Councilman Blomquist asked what happened to the proposed ARA use of the basement. Murray told Council the ARA had told the Wheeler Board they did not have the money to lease the space. Murray said the ARA might be interested in 3 or 4 years. The ARA suggested the Wheeler Board rent the space and come back to see what the interest is in a few years. Councilman Blomquist said he has proposed Council mee~ with the ARA to discuss the city's role in the resort function. Councilman Blomquist said the reason the ARA is not pursuing this is because they have not discussed with the city the city making an in-kind contribu- tion for this space. Councilman Blomquist moved to table this pending Council and ARA work session next Monday; seconded by Councilman Collins. Councilman Collins said he would like to hear the rest of the presentation from the Board before tabling. Mayor Stirling said if Mrs. McGee begins improving the space immediately, would she start paying rent as soon as the improvements begins. Murray said yes, aad if this is tabled and a decision not made until October or November, Mrs. McGee may not be able to get the improvements doen before the holidays. Murray told Council that Sirous Sagahotolamas has leased~space for a restaurant one, the first floor and would like to lease space directly below for storage and an office for himself and an office for Edwin Woodrich, architect. The fire code requires two exits from each office or shop~ Murray pointed out on the map how this would be accomplished. There are two restrooms in the basement, and the city engineer feels the stub-ins should be at the city's expense. The three proposals from McGee, Sirous and Wo0drich would be rent paying. The Board's ideal for rent was $14 per square foot. Sirous and Woodrich had proposed to pay $6 per square foot for the rather obscure offices. The Wheeler Board felt they were worth more and should be a minimum of $8 per square foot. Mayor Stirling asked how $8 per square foot compared with other basement spaces. Murray said the Mill street plaza building is offering courtyard exposure at $10 per square foot. Councilman Blomquist asked about the gross income. Murray said that at $14 and $8 per square foot for these tenants, the annual income is $27,440. With the Wilcox proposal, it was $47,000 per year; however, these proposals are not to lease the entire basement as wasI the Wilcox proposal. Councilman Blomquist asked if the city manager would do an analMDis of the rental, the city's contributions to the Chamber, etc. This may make it more feasible to do the visitor's center function. Mayor Stirling said he is not interested in seeing the city subsidize any commercial or office space. Murray said the fact that these spaces are obscure and parcelled off, they become less attractive. Murray said the central space will become locked in, with no windows. The Wheeler Board feels the lack of storage space for the theatre may become a problem, and they plan to use this inside space for storage for the theatre and for office space for the Aspen Council for the Arts. This would be proposed to be rent free. Councilman Collins asked if this plan had been run by the building department, as there may be concerns about mixed uses and the egress. Councilman Collins said this should be taken to the building department. Councilman Collins said on the east side of the building, there used to be some big glass cellar doors; these were slabbed over. Councilman Collins said this might be worth looking into because of allowing the natural light to come in the space and enhance it. Bill Short told Council the ARA had told the Wheeler Board that they are not in position to make a formal proposal for this space. Shorr said the basement is not prime space. The Wheeler Board needs to allow people to start working on their spaces to get in and to start paying rents. ~Councilman Blomquist said the ARA thinks this is prime space for their purpose and they want it if they have the money. Councilman Blomquist said he would~ like to meet with the ARA and pursue the question of Council providing them with money to rent this space as an in-kind contribution. The value of the space has been lowered from $47,000 to $27,000, so Council should meet with the ARA and explore this further. Council- man Blomquist said he would like to face the issue of public uses. Councilman Collins asked Sirous if he needed the basement space for this restaurant. Sirous said he needed it to function much better; there is not very much room upstairs. The space is very tight. Councilman Blomquist amended his motion to table this issue until September 27 and have a work session September 19th with the ARA; seconded by Councilwoman Walls. All in favor with the exception of Mayor Stirling. Motion carried. Eve Homeyer, Wheeler Board, told Council it was the unanimous decision of the Wheeler Board to form a Wheeler foundation instead of selling seats. The memberships in the Wheeler foundation will be sold for $250, and the money will be used to do things that will make the Wheeler complete. The money would be used to paint and decorate; the rest of it will be put into a Wheeler endowment fund. Ms. Homeper told Council the city is helping the Board to apply for their number. It is easier to apply for grants, etc. under a foundation. Ms. Homeyer said the Wheeler Board would like to do the foundation for the security of the~Wheeler. RESORT ACCESSIBILITY STUDY Tom Isaac told Council his main purpose for this application is to make a survey of the community for wheel cahir accessibility. Isaac told Council that basically one can get anywhere but they need the help of sever&l people. Isaac said he would like to survey lodges, restaurants, and public facilities to determine how accessible they are and to make recommendations that would be inexpensive to make them more accessible. Isaac said he would like to list all the idiosyncracies of the separate locations to be able to tell anyone who is handicapped the best access for each location. Monroes Summers presented a booklet done by some other town showing the positive aspects of accessibility for handicapped persons. Summers said the ARA could have this at their fingertips to tell people who inquired about this. Summers told Council they have talked to a number of different organizations in an attempt to see if funds could be found. Everyone Summers talked to is behind the concept, but everyone is having trouble finding money. COG is trying to see if they can find grant money for this. Councilman Blomquist moved to approve $2,000 from the 1983 general fund for a resort accessibility study, including accessibility to all city-owned property; seconded by Councilman Collins. Councilman Collins asked how long this would take. Isaac said he is hoping to get it completed before the next ski season. Isaac said he is hoping to talk the city into more handicap parking places as well as better enforcement. Councilman Collins said he would like the trails and mall looked at'for accessibility. Isaac said there are no cut downs at the ends of the mall, so people in wheelchairs have to enter the malls through the alley, which is not really desirable. Councilman Blomquist said he would like the city's ordinance, which does not allow motorized vehicles on trails, to be amdned to allow motor- ized wheelchairs. Isaac said this money would only cover his expenses and attendant. Isaac told Council people at the Chamber and ATA do get some questions about this from handicapped people. ~u~ ~.~u~ Aspen ~l~y ~ouncli september 12, 1983 Mayor Stirling said he would like to see the CCLC particpate in this because most of it is concentrated in the downtown. Summers said the CCLC does have some money left in their 1983 budget. Councilman Blomquist amended his motion that $1,000 come out of the general fund and $1,000 come out of CCLC's fund; seconded by Councilman Collins. Councilwoman Walls asked for an amendment to study publicly-owned buildings, not just city-owned; Councilman~Blomquist accepted that amendment, as did Councilman Collins. All in favor, motion carried. WHEELER OPERA HOUSE SIDEWALK IMPROVEMENTS Fritz Benedict presented a map of the plan, showing the various buildings and elements. Benedict said the Council has agreed to widen the sidewalk to accommodate a sidewalk cafe on the east side of the Wheeler. Benedict is recommending extending this widened sidewalk to the west by the city owned property. Benedict recommends not doing anything with the park to the west until the theatre has been in operation a year. There will be an unloading space off the alley. Parking has been changed to accommodate two-way traffic. Gary Plumley, chairman of CCLC, told Council CCLC concurred with not developing the park to the west and to look at different uses for that space. The CCLC leans toward a one- way street around the Wheeler. Plumley said they would like to use brick treatments in the sidewalk crossings. Plumley told Council the CCLC approves of this plan. Summers told Council they have taken this plan to the Wheeler Board, the CCLC, and all concerned staff members for input. The comments outlined are; do not removing parking from the allsy. This is based on Wheeler Board's concerns for availability of temporary space when big vans need space, or videotaping, and large loading. For this reason, they have taken 30 feet of the parking and park on the west. The comments are in favor of extending the curb out in front of the park. There Should be handicap parking spaces in front of tbs elevator, this will only take 60 feet the first two spaces in front ~f the Mother Lode with a curb cut there. There should be a provision for park treatment of the pocket park, but the opera house should be in operation for a year to get the criteria for that park. Mayor Stirling pointed out the Wheeler Board recommended the park not be leased to any restaurant next summer. Summers said the idea of one-waying the streets should not be written off, but its impact~ should be assessed on a community-wide basis. Summers said the staff and Boards recommend to stay with the split paver paln that was originally outlined.~Summers said what staff and the Boards has done is to eliminate the things that would be inappropriate for final decision now so that staff could request final approval of the plan as it stands now; the items that were outlined above. Mayor Stirling said this~%is a request for $5,000 to continue work on the streetscape; it has nothing to do with the actual construction of this plan. Summers said the staff needs to research from where the construction funds will be taken. Councilman Collins said when Council looked a~ the CCLC budget, they left out some of the items, and this was one of them because the ~ouncil did not think money was there to go ahead with the improvements. Why should the city get into the construction documents. Councilman Blomquist pointed out the P & Z has given the recommendation not to proceed with the one-way street until study is made on how this affects the bus system and the overall traffic. Councilman Blomquist said he favors delaying the whole thing until the city comes up with a budget, traffic needs in the area, and direction on the park to the west. Summers told Council that turning this into a one-way street after the streetscape plan was done, the costs would be minimal. The staff has made the plan work with as much parking as possible, maintain the two-way condition, and preserve the option for one-way streets in the future. Summers said this plan give the city the most flexibility in ~erms of traffic. Gary Plumley said when the CCLC started the project, they had e~visioned having the project done for the opening of the Wheeler this March, and that is wh~!it has been fast track~ This way, it could be done by the contractor that is in the Wheeler. Mayor Stirling said this is a $60-70,000 project, and it is not clear where the money will come from. Mayor Stirling pointed out everyone has recommended not doing anything about the park. Mayor Stirling said he would like to wait and see what happens with the plan over a year operating time. Jon Busch said the Wheeler, when it opens, should have a finished look about it and have lighting and good sidewalks. Councilman Blomquist said the Council wants to look at the window wells and the ability to light the basement. This and other things indicate the Council should wait and come in with a unified plan. Mayor Stirling said the Council made a decision not to do anything about this item at their meeting last month. Summers told Council the consultants doing the mall and downtown lighting study have gotten their preliminary ideas together and have made a written report. The consultants would like to have a walking tour some evening with Council and CCLC. Council tentatively scheduled this for Thursday, September 29 at 6:30 at the offices of Hagman, Yaw. TRIATHALON EVENT Steve Hall told Council the swimming event will take place at the Jerome pool. Hall told Council they have made a deal with the Jerome to stay open. This will increase the visibility of the event; there will be a traffic issue. Mayor Stirling said the Council has committed to have the police force available. Hall told Council they have expanded the field to 72 competitiors because of the expense of the pool. Hall requested $500 from Council to help with the rent at the Jerome pool. Hall told Council for the city to maintain their pool for the same time period is $3200~ and for the Jerome to maintain their pool is s1200. Hall told Council they are approaching organizations and businesses in town to raise money for this event. Hall said he feels very strongly this is a worthwhile event. The future plans include a two day event with a long course, a short course, relays, etc. Councilwoman Walls moved to contribute s500 to the Triathalon event; seconded by Council- man Collins. Councilman Blomquist said he would go along with this, if the Triathalon people promise to make an appearance in the budget process this fall for the event next year. Ail in favor, motion carried. REPORT ON COUNCIL PLANNING DAY City l~anager Chapman reported the Council reached consensus on a number of items they wish~to work on. Council agreed the completion of the physical plant for the trail system within the city is a high priority along with financial options for completing the trails, including increasing the RETT. Chapman said transportation received a lot of conversation. It was agreed the city needs to review transportation plans and transportation planning. This review should include Rubey Park, Trailways access, highway 82 alignment, Rio Grande, and the trolleys. Chapman said there was discussion on city properties and maintenance standards. The Council wants to see the plan developed for these properties and city facilities and to review maintenance standards. The Council talked about annexation and the need for in depth annexation studies of the developed residential areas around the city. Council asked staff to explore the notion Aspen needs more emphasis on planning on a neighborhood basis within the city and de-emphasize planning efforts on a regional basis. The Council wants to look at time sharing. Council asked the manager to prepare a report on ~ncreasing police visibility, especially pertaining to pedestrian safety. Council talked about a lighting plan for the commercial core and Main street. Council feels there is a need to do long range planning for the arts. Council expressed concern about the short term accommodations in residential zones and to have staff review the code regarding this concern. The Council has asked for a permanent mapping system to be instal- led in the Council Chambers. Chapman said the Council agreed that study sessions should be scheduled on alternate~Monday evenings, when necessary. Chapman said Council has asked the staff to continue with its own planning day to put together items for Council consid- eration for the next 18 months. Chapman will then draft a legislative agenda to come back to Council. Councilman Collins said the memorandum from Chapman did an excellent job of summarizing what took place. Councilman Collins said under the transportation planning, he would like to discuss circulation of traffic. Mayor Stirling said he was not present at the meeting but it seemed a productive day. Mayor Stirling said some of the things he is interested in is the traffic~.study, the issue of continued consolidation of city and county services. Mayor Stirling said he would like an inventory of Historic building. Mayor Stirling said he feelt the entire quality of the resort is a continued issue, specifically in relation to upkeep of town and a continued emphas~s on that. Mayor Stirling said he would like the continued role of the City in relationship to Cantrup properties to be an item. Mayor Stirling said he ~s not opposed to short terming that now goes on in residential neighbor- hoods and would propose they operate throughout the entire town. Mayor Stirling said he is not in favor of separating the planning department. ORDINANCE #25, SERIES OF 1983 - Amending Ordinance ~16, Series of 1970 - Open Space Mayor Stirling opened the public hearing. City Manager Chapman told Council there is a meeting with the committee to preserve open space funds on Wednesday to go over a redraft of this ordinance. Councilman Blomquist moved to table Ordinance 925, Ser~es of 1983 until September 26, 1983, and to continue the public hearing; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~40, SERIES OF 1983 - GMP Clarity and Consistency Alan Richman, planning office, told Council this is the last of three ordinances the Council has been dealing with on the GMP. This ~s extremely pro forma and there is nothing substantial in terms of policy. Richman said this ordinance is recommended from the planning office and P & Z and is to have residential, commercial and lodge competitions be consistent as well as clear. Richman told Council these competitions were overhauled in 1982, and some good ideas evolved throughout these changes. This ordinance is imple- menting those ideas. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance #40, Series of 1983, on second reading; seconded by Councilman collins. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye. ORDINANCE ~42, SERIES OF 1983 - M.A.A. Water line extension City Attorney Taddune told Council he is still in the process of negotiating the language for the contract. There are several outstanding ~ssues. Taddune said one of the issues under discussion is what would occur if the M.A.A. moved out of the campus; would the city be entitled to receive money for the subsidy. Taddune said his idea is that a promissory note be executed for the value of the water extension secured by a deed of trust. This note should be first in priority above any and all existing financing. However, the concern of the M.A.A. ls ~hat would ~mpa~r their ability to borrow. The concept has changed to an understanding that if the M.A.A. no longer uses the campus for ~u~=~ ~-~ux~g aspen ul~y ~ouncl± september their purposes, the city would have the option to terminate the provision of water. item discussed, if the M~A~A. does sell, how would the amount spent be reimbursed. The concept discussed was a decreasing value, donation idea such that the city would be sub- sidizing the M,A.A. for about $150,000 in water expenses. A reimbursement would be that of under a diminishing scale. Another discussion item was the extent to which the city would require the M.A.A. to put on a free concert and the mechanics of that concert. Taddune said the contract will have to be revised an brought back to Council in two weeks. Mayor stifling asked if this delayed the work on the water line. Taddune said the concept is that the water extension is the city's; it is a municipal owned line. The agreement would have to be signed at the point the city deliver$~water. Councilman Collins asked if this is the same approach the Sanitation district is taking. City Manager Chapman said they are not as far along in the process as the city is. Mayor Stirling said there should be some consistency in the two agreements. ~Taddune told Council his office is focusing on water and does not know what the Sanitation District is requiring. Mayor stifling said there should be some communcation with the Sanitation Districts. Councilman Blomquist moved to continue the public hearing and table Ordinance #42, Series of 1983, until September 26, 1983; seconded bY Councilman Collins. Taddune said the construction will go forward and the attorneys will work out the details of the agreement. All in favor, motion carried. ORDINANCE ~43, SERIES OF 1983 Smuggler Improvement District Mayor stifling opened the public hearing. Finance Director Sheree Sonfield told Council this ordinance establishes the improvement district for Smuggler. There are no changes in this ordinance. Joe Barrows, Kirchner/Moore, said Council's concern was should the district be epxanded to include any outside property. The district boundary has been left as originally proposed. Councilman Blomquist aksed if Smuggler is prepared to go through with this district and can they handle this financially. Liz Johnson, Smuggler Mobile Home Park, told Council they are prepared to give a letter of intent to the contractor. City Engineer Dan McArthur said the city will open bids on September 22 and will start construction as soon as the Mill street bridge opens. Mayor stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance %43, Series of 1983, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Blomquist, aye; Walls, aye; Collins, aye; Mayor Stifling, aye. Motion carried. ORdiNANCE #46, SERIES OF 1983 - Smuggler Improvement District Bonds Sheree Sonfield, finance director, told Council the size Of~.the!~bond issue has been changed due to estimates of the ehgineering department. The city's part of the bond issue is $100,000 for the drainage so that the city does not run out of money. The bond issue is $525,000; the city's part is $100,000 and the rest is Smuggler Improvement district. Joe Barrows, Kirchner Moore, said the attempts to tie down financing have been delayed becuase the bids came in over estimate. Barrows said the new projects the bonds cover are $250,000; there~is $112,000 financing to take care of public improvements installed last year which the Smuggler mobile home park took care of. These expenses will be recapped, moved out of 18 per cent rate into about a 9 per cent rate. These improvements were upgrading electric, new sewer. In addition there is $100,000 for city improvements, there is $25,000 to capitalize interest in the event this does not move along as quickly as it is intended. This will be set aside for the first interest payment, coming due in June 1984. There is an a-ditional $38,000 to include some contingency, pays the cost of issuance, and pays 3.2 per cent discount for underwriting the issue. This totals $525,000 for the bonds. Barrows said they have changed the maturity to begin with a slightly smaller payment of $25,000 and $50,000 for the next ten years. The life of the bond has been extended on year in order to keep the financing at the size the Smuggler peple feel they can live with. Barrows told Council in talking with the homeowners and the finance director, the process has been streamlined so that the payment~of homeowners fees toward repayment of this bond can work smoothly as well as provide the city with advance notice of any potential deficiency. Ms. Johnson said the repayment will be through monthly assessment. Barrows told Council the Central Bank is the paying agent~ on a monthly basis, and will alert the city if there is something wrong. The interest earned by the fund will go toward reducing the next assessment payment. Barrows told Council he had established premilinary interest rates and offering points and at the end of the day had sold $125,000. Barrows will increase the interest rates on bonds from 1990 through 1993. Kirchner Moore will purchase the bonds at this level. Barrows said they are comfortable they can sell the bonds at this level. Barrows said they are pleased this issue sold as well as it did. Barrows said the average interest rate on this issue was 9.287 per cent. Mayor Stirling asked if there had been any resolution to the problem on the east side of the park. Liz Johnson said this has been excluded from the project; they have not gotten anything from the landowners on that side to know what they can do. Liz Johnson told Council she has spoken with the original developer, who has indicated he is willing to do the improvements he promised. He is waiting for the mobile home park to find a contractor who will do the Smuggler Run part as well. Mayor Skirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt ordinance 946, Series of 1983, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Collins, aye; Walls, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. REPRESENTATIVES FROM GARMISCH-PARTENKIRCHEN Mayor Stirling introduced the Deputy Burgermeister Franz Braun and head of tourism Annemarie Goebel of Garmisch-Partenkirchen. Mayor Stirling read a resolution into the record. PROCLAIMING GARMISCH-PARTENKIRCHEN BAVARIA AS THE SISTER CITY TO ASPEN, COLORADQ AND REAFFIRMING THE BOND OF TRUE FRIENDSHIP AND COMMONALITY OF INTERESTS WHICH EXIST BETWEEN THE CITIZEN OF OUR TOW COMMUNITIES WHEREAS Aspen and Barmisch-Partenkirchen are both Alpine communities of colorful historic significance, and WHEREAS, both cities share a common economic base through skiing and other vigorous summer and winter sports, art and culture, and WHEREAS, both share a love of our mauntains and a strong concern for the natural environment which is our greatest common resource, and WHEREAS, both communities seek to preserve the integrity and atmosphere of their "village" culture while simuntaneously promoting a healthy local economy (never an easy task), and WHEREAS, our respective city leaders rocognized the value in an exchange of fr.iend- ship, concept and ideas in 1966 when they first proclaimed our relationship as sister city, and WHEREAS, simple friendship is the finest gift which any people can share. NOW, THEREFORE, IL, WILLIAM L. STIRLING, MAYOR OF THE CITY OF ASPEN, on behalf of the City Council, do hereby proclaim our desire to continue and strengthen our sister city relationship and to forever welcome the citizens and representatives of Garmisch-Partenkirchen with open arms. Councilman Blomquist moved to accept the proclamation read by Mayor Stirling; seconded by Councilman Collins. All in favor, motion carried. Mayor Stirling gave the representatives from Garmisch-Partenkirchen presents, and the Deputy Burgermesiter and head of tourism gave presents to the City Council and members of the staff. Deputy Burgermeister Braun gave a speech to the Council about the value of sister cities, the importance of visiting each others cities and exchange of information and ideas. Braun said for a long time, Garmisch-Partenkirchen had heard nothing from their sister city, Aspen, and in the last few years had been visited by the then-Mayor Herman Edel, and Terry Quirk from the police department. Braun said hey had enjoyed their tour of Colorado, invited people from Aspen to visit Garmisch-Partenkirchen, and hoped that something could be planned for the twentieth anniversary of being sister cities in 1986. ORDINANCE $45, SERIES OF 1983 - Wheeler Opera House Lease City Attorney Taddune presented a lease with minor revisions, and a major revision giving the tenant the right of first refusal on all proposes leases on restaurant space. If the city intends to offer part of the building for restaurant space, this tenant should be given an opportunity to expand or use that space for his restaurant. ~i:~a.~QD~ o~th~ Whe~!er_~Q~r~Qut the ability of the restauran to expand its kitc~en'i Taddune told Council rather than using a formula of 2 per cent about the prime interest rates for default in rent, it would be $35 for the first day and $15 for each subsequent day. Mayor Stirling suggested this be doubled to $70 for the first day and $30 for each subsequent day. Council agreed. Taddune said the next item is the utilization by the tenant of the bathroom on the first floor, owned by the city, in return for maintaining the men's room. The~only people using this will be restaurant patrons and!.the first floor staff. The agreement regarding the access from the restaurant to the lobby area is that the city will have control over the door, but will leave it open when someone is manning the ticket booth. This is to allow people to go from the restaurant to the ticket booth and vice versa. Taddune said there are some~questions regarding the items which the city will finish for the benefit of the tenant. Exhibit c lists the touches to be performed by the city and the obligations of the tenant. City Engineer McArthru told Council the city will provide the first eight items; they are not built into the budget for the Wheeler. These items are the result of negotiations between the city and the tenant. Andy Hecht, representing the tenant, told Council they would stipulate that if the lobby area was no longer used for ticket sales, the door between the restaurant and lobby could be closed. Councilman Blomquist said he wanted that right for the city clearly stated. Andy Hecht Said ~he tenant would like the right of first refusal to serve on the s~dewalk if the city elects to permit such dining, to the exclusion of another tenant. Hecht said there are some items on exhibit C they feel they are negotiating differently in terms of responsibility for payment. Hecht said the tenant understands they have to ap~ly the floor covering; however, they thought the city was going to do the sub-floor, which would be capable of accepting the floor finish. Hecht said the tenant will bear the costs, as long as he can deduct it from future rent. Hecht said the third condition is that precedent to the lease b~ the liquor license, which the tenant will make application for as soon as the lease is adopted. Hecht said the tenant would like not to pay rent until they know they have that. Councilman Blomquist said the Council could not do that. Chapman said he had discussed with the tenant paying rent from the time they occupy the space, not the time they get a liquor license. Sirous told Council one of the conditions for a liquor license is to have a lease, and he does not yetI have a lease. Taddune told Council he thought a solution to the problem might be condition subsequent. If they do not get the liquor license, they could rescind the lease. Taddune pointed out the space is being completed to accommodate this type of restaurant; the city has made a substantial commitment to dividing the space to suit this purpose. ~gu~ ~L~z~9 Aspen ~l~y ~ouncll SeptemDer 12,. 1983 Mayor Stirling said he has no problems with the right of first refusal. Councilman Blomquist said as far as the floor, he was told it is "as is" to the tenants. Chapman said that has been his negotiating position. Chapman told Council where the floor is structurally nOt sound, the city will make sure it is structurally sound. McArthur pointed out this building has 90 year old floors as well as 9 month old floors. Sirous said as long as the old floor is structurally sound and not flimsy, he would accept that. McArthur said the city will take care of holes and cut off boards. Mayor Stirling asked the tenant if he would accept responsibility for the floor; Sirous answered he would. Taddune suggested language that if the liquor license does not materialize, the tenant would have the option to terminate the lease from that point on. Councilman Blomquist moved to give the tenant right of first refusal on the sidewalk, it is the tenant's responsibility to handle the floor problems, and language regarding the liquor license suggested by City. ~ttorney Taddune; seconded by Councilman Collins. Andy Hecht asked if the liquor license is not forthcoming, is the rent forfeitable or refundable. Taddune answered forfeitable; the tenant would have the right not to continue the lease from that point on. Taddune said the city is giving this tenant occupancy of the premise and losing the right to give it to someone else. Councilman Blo~quist amended his motion to indicate in the lease that if there is no use of the lobby area for ticket purposes, the city wo~ld have complete discretion of the inter-connecting door; seconded by Councilman Collins. All in favor, motion carried~~ Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #45, Series of 1983, on second reading as amended; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. APPLICATION FOR LIQUOR LICENSE - Sushi Masa Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the files, posting and publication are in order. Mayor Stirling asked for opponents. Councilman Blomquist asked for sv~dence certifying to the need for this establishment. David White, representing the applicants~ told Council they had the lease for the sushi bar at Sumo's, which has closed down, and the propose to do the same operation on the Hyman Avenue mall. City Attorney Taddune said given the fact this is a small community, and the Council has an idea of the downtown area and the needs, they can use that information as a basis to make a finding as to the needs of the neighborhood. Mayor Stirling closed the public hearing. Councilman Collins moved that ba~ed on the evidence presented at the public hearing held September 12, 1983, relating to the application by Masayuki Watanabe for a three-way liquor license, the City Council finds that the needs of the neighborhood have not been met and the license as applied for is hereby~granted; seconded by Councilman Blomquist. All in favor, motion carried. 1984 BUDGET Sheree Sonfield, finance director, presented the Council the proposed 1984 budget and the schedule of budget meetings. Staff has scheduled these Tuesdays and Fridays from 12:30 to 2:30 p.m. and spread them out until the legat deadline for certifying the mill levy, which is November 1st. Council indicated they would prefer to go from 5 until 7 p.m. rather than during the days. Mayor Stirling suggested starting with the two sessions this Thursday and Friday from 12:30 to 2:30, and then decide where to go from there. Councilman Collins moved to have budget hearings Thursday and Friday from 12:30 to 2:30; seconded by Councilwoman Walls. All in favor, motion carried. 825 EAST HOPKINS - TIME SHARE REQUEST Mayor Stirling said the Council has received a letter from ~on Austin on behalf of client's application for timesharing on Ease Hopkins. The Council has also received a memorandum from the City Attorney's office. Ron Austin said his memorandum asked the City Council to give a position on time share. The memorandum is based on several events, most recently the vote on the Prospector time share project, which lead Austin to believe, on behalf of his clients, he ought to find out Council's position on time sharing. Austin said he would like to know if there is a project that can be approved by this city Council. Austin said his review of the Prospector transcript left him with doubt that any project can get through. Austin said he does not want to take time and money and staff and P & Z time to apply for a time share if it is not going to have any chan~e of approval. Austin told Council that 825 East Hopkins was recommended to be denied by the P & Z, but this is a broader question because there are other applications pending. Austin told Council he and others in the community spent a great deal of time on the timeshare ordinance passed by the previous Council, There is a review procedure of th~or~inance written in, and this is an appropriate time for the Council to give their position on time share. Alice Davis, planning office, t~ld<~Council there is an application in the process and she has been talking to 6 other projects. Councilman Blomquist said the Prospector application for time share fell on its own merit. This Council has not had time to discuss the causes for that, or the problems existing in the ordinance or in the application. Councilman BlOmquist said he felt it would be premature to form a policy decision. City Attorney Taddune said that time share is permissable but highly regulated in the City of Aspen and only allowed in certain zones. Taddune said Council should have the opportunity to take a look at all the issues that have been discussed in the past to see if they want to move in another direction. Austin said from the proceedings on the Prospector, he could find no clear comments from the Councilmembers as to why they were denying the Prospector. Austin said if appears as if theCouncil was directly ignoring the policy set forth~in the time share ordinance. Austin noted the planning office said the Prospector was an excellent application. Austin said he feels the Council is putting the applicants aside. Austin said he would like to know what Council is going to do and how they are going to do it. Mayor Stirling said the evaluation of the application by the planning department is one thing. Councilmembers decision is an altogether different thing. Mayor Stirling said there are essentially two areas of the time share ordinance which are major problems, one is giving gifts in a deceptive manner; the second is where this form of ownership is allowable. Mayor Stirling suggested setting a study session to address these areas of the ordinance and possible amendments. Councilman Blomquist agreed certain amount of study should be done. Councilman Blomquist said another concern of his is the sales tax question, relating to whether or not time share occupancy by owner or a trader is a short term rental. Councilman Blomquist said he would like the sales tax studies. Taddune recommended that the annual review on the time share ordinance occur within 45 days. Bil Dunaway protested the confidential memorandum from Taddune to the Council, and said it should be made public. Taddune said Council should make the decision whether to release it or not. Austin said he feels this is a way to put time share applicants off. Austin said the planning office and committee who worked on the time share ordinance spent an incredible amount of time, accumulated a lot of data, went to both P & Z and Council and developed a time share ordinance. Council decided to schedule a work session on time sharing, Monday, September 19 along with the ARA, ice palace.~ Councilman Blomquist moved to release Taddune's confidential memorandum to the press; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Collins. Motion carried. PROPOSED ELECTION QUESTIONS City Attorney Taddune presented Resolution #28, Series of 1983, which calls for a special election to be schedule November 15, 1983, outlining four possible questions to be proposed to the voters. Councilman Blomquist said he would like added to the resolution some lang- uage indicating that these are only "possibilities" and will be debated more full~ in ordinance form. Taddune said he would insert language like, "if desired by the city council". Councilwoman Walls moved to adopt Resolution ~28, Series of 1983, as amended; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE #48, SERIES OF 1983 ~ Real Estate Transfer Tax City Attorney Taddune said he understood Council wanted this ordinance so that a public hearing can be held. If Council wants this to go on the special election of November 15th~ it will have to be heard tonight or September 26th. Taddune said he will be presenting Council with an ordinance at the next meeting to set the questions and to set one polling place, i The proposed questions are the use of the sixth penny, the transportation funding issue, the real estate transfer tax, and the funding of the capital improvement program. Council and staff will have a lot of work to do on these issues. Also, there is a possi- bility there might not even be an election depending on transportation, the sixth penny useage, Mayor Stirling stated he is strongly opposed to the RETT proposal. Mayor Stirling said th~s is an example of taxation without representation, taxing~, people who have no opportunity to express their opinions about this. Mayor Stirling said in France there was a transfer tax of one per cent; it is now almost twenty per cent. Mayor Stirling said this is like going back to the well. MaYor' Stirling said this is inflationary~ Councilman Blomquist said is just for discussion; it will be put on the September 26th agenda. Councilman Blomquist moved to table XIII, XIV, XVI, and XX until September 26, 1983; seconded by Councilwoman Walls. All in favor, motion carried. INTERGRITY DAY AND EMERGENCY MEDICAL SERVICE DAY Councilman Blomquist moved the Mayor be authorized to proclaim any day he so desires until further notice; seconded by Councilwoman Walls. All in favor, motion carried. Craig requested permission to sell Integrity~Day posters around town. Councilman Blomquist moved to deny this request; seconded by Councilwoman Walls. All in favor, motion carried. Mayor Stirling suggested that these posters be sold through retail network like the Visual Arts Center and other organization throughout town. Mayor Stirling said he is not prepared to issue a special vendor's license for this event. Mayor Stirling said Council is invited to a workshop on, integrity to transform integrity from a concept to action. The work shop is Wednesday, September 24 from 1 to 9 p.m. at the Community Center. McCLUNG HOUSE Mayor Stirling said the School Board voted not to buy the McClung house. Mayor Stirling said he felt it was a mistake to pass this on to the school board, because they are another public entity. Mayor Stirling said perhaps the city employees should have one more opportunity to buy this or go straight to the open market. City Manager Chapman said he had an indication that the school board may want to change their mind about the house. Councilwoman Walls said the city's need is to sell the house, and if there is a city employee who can buy it, the employee should get a chance to buy the house. Councilman Blomquist moved to gi~e city employees 30 days in which to try and buy the house; seconded by Councilwoman Walls. City Attorney Taddune told Council there is no employee who can afford the house or needs the space except himself. Taddune said he had been prepared to buy the house but the Mayor had said he did not feel there should be any subsidy. Taddune then took himself out of contention for the house. Taddune told Council he has a housing problem; however, it is up to Council whether they want him in the house. Also, Taddune will be an independent contractor to the city soon. Mayor Stirling said he is not in favor of the city continuing to be involved in this kind of subsidized housing for employees at any level, MayQr~Stirling said he was in favor of passing this onto the school board merely to have a purchaser. Mayor Stirling now feels the house should move to the open market. Mayor Stirling pointed out that Taddune will be on retainer, which changes his status with the city. Taddune said there is a difficulty between compensation levels and the ability to live close to Aspen. Councilman Blomquist said the city may wish they had more leverage in the housing area when they have to negotiate for department heads in the future. Councilman Blomquist said since the city does have the property, he has no problem with giving a city employee priority for the next 30 days. After that, it can be thrown to the free market. Roll call vote; Councilwoman Walls, aye; Collins, nay; Blomquist, aye; Mayor Stirling, nay. Motion NOT carried. Councilman Blomquist moved that the action be expedited to get the house on the open market; seconded by Councilman Collins. Taddune said the city should get an appraisal on the house. There are also ramifications on an employee housing unit exempted from GMP can go on the free market. Taddune said the land would also have to be sold. Taddune said there are deed restrictions on this house targetting it as employee housing. Taddune said there is an arguement that the city has taken city-owned land and developed it; the city may make a~profit off this. Taddune said if the city puts this in the free market, the message Council would be sending is this doesn't work for the city, but it has to work for the private sector. Mayor Stirling asked what the funding for this property was. Taddune said Council made the decision that this land was not being used fOr a public purpose; employee housing is a public purpose. Bil Dunaway said he did not think Council can just put this house on.the open market since it is deed restricted. The Council has to treat themselves the same way theY treat other people. Taddune said the staff should look at how this can be accomplished before Council makes a decision. Charles Fagan said the city has some serious, long term considerations in this. Council has to face the problem of administrative level employees have coming here with their families. Fagan~!Said Council has to decide whether to subsidize housing to get gOod employees, or to pay salaries so that people can live here. Mayor Stirling said the problem is where does the city start and stop the subsidies for people coming to Aspen. Mayor Stirling said people should fight it out on the open market. Mayor Stirling said he would rather see the city remove the perks and privileges and perhaps pay more. Fagan said perhaps the Council has not reviewed the policy impacts of all these things. Mayor Stirling said if he reconsidered the motion, he would be willing to subsidize housing at a certain level of the bureaucracy but not at any other level. Mayor Stirling asked why only the top level should be subsidized. City Manager Chapman pointed out the Council provides employee, housing throughout the growth management plan. Mayor Stirling said there is no plan in the city targeted to certain levels of employees. Chapman said at Castle Ridge, certain employees were excluded because of the salary guidelines attached to rental. Chapman said the city provided a program for the lower level employees, but it is not available to management. Dunaway said he felt the Council would be suspect, morally if not legally, by taking away a deed restriction which other people cannot do. The city cannot be treated any differently than an individual developer, and the city does not allow developers to turn employee units into free market units. Councilwoman Walls said the city has been criticized for doing things like this for the past few years. Councilman Blomquist said Council should look at the overall housing program, look at its parts; if Council wants to change some of the parts, they should do it after study and careful analysis. Mayor~S~i~ling moved to reconsider the motion to give city employees a try; seconded by Councilman Blomquist. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Blomquist moved to make the McClung house available for purchase by any city employee during the next 30 days; seconded by Councilwoman Walls. Mayor Stirling said he is reconsidering because of the comments made tonight. Mayor Stirling said he has not essentially changed his position; however, this is a unique situation and he does not feel anything will be solved if he takes that position in this All in favor, with the exception of Councilman Collins. Motion carried. Mayor Stirling asked staff to report back to Council on the progress of this house. TRANSFER OF BEER AND WINE LICENSE - Freddies Mainstreet Cafe Mayor Stirling said this is a request to transfer a beer and wine license to Ju'Bert Inc. owned by Robert Conrad and Julie Hanger~ Mayor Stirling disqualified himself as he was the listing agent and had a great deal to do with the transaction. ~egular Meeting Aspen ~lny uouncl± ~epnemDer Charles Fagan, representing Ju'Bert Inc., told Council this is a request to transfer a license already in existence. The operation has been primarily breakfast and lunch and will continue in that area. Ju'Bert may get into a dinner operation, bUt not for awhile. This is anot a full liquor license; there will not be a significant change in the menu. Fagan said Julie Hanger has considerable experience and training the the foor industry. Fagan said he felt his clients will run the restaurant in a fine fashion. Councilman Blomquist moved to approve the transfer of a beer and wine license for Freddies Mainstreet cafe to Ju'Bert Inc; seconded by Councilwoman Walls. All in favor; Mayor Stirling abstained. Motion carried. ORDINANCE #47, SERIES OF 1983 - Wheeler Opera House Lease/Happy Road City Attorney Taddune recommended Council pass this on first reading; it is a lease for a retail establishment in the Wheeler. City Manager Chapman said this is almost the same as the lease for the restaurant for space on the first floor. It is a ten year lease, five years with a five year option. Councilman Blomquist moved to read Ordinance #47, Series of 1983; seconded by Councilman Collins. All in favor, motion carried~ ORDINANCE #47 (Series of 1983) AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND HAPPY ROAD, INC. OF APPROXIMATELY 1,040 SQUARE FEET IN THE WHEELER OPERA HOUSE FOR THE PURPOSE OF THE RETAIL SALE OF ANTIQUES, ARTS AND PRINTS, AND STAINED GLASS AND AUTHORIZING THE MAY TO EXECUTE SAID AGREEMENT was read by the city clerk- Councilman Blomquist moved to adopt Ordinance #47, Series of 1983, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Collins, aye; Mayor S~irling, aye. Motion carried. ORDINANCE 944, SERIES OF 1983 - Appropriations Councilman Blomquist moved to read Ordinance ~44, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~44 (Series of 1983) AN ORDINANCE APPROPRIATING WHEELER AND OPEN SPACE CAPITAL PROJECTS FUND EXPENDITURES OF $750,000; RECOGNIZING WHEELER AND OPEN SPACE CAPITAL PROJECTS FUND REVENUES OF $750,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $134,000; APPROPRIATING WATER FUND EXPENSES OF $3,000; APPROPRIATING GENERAL FUND EXNEPDITURES OF $6,000; TRANSFERRING $5,110 FROM THE LAND FUND TO THE GENERAL FUND; TRANSFERRING $20,686 FROM THE WHEELER TRANSFER TAX FUND TO THE GENERAL FUND; TRANSFERRING $5,962 FROM THE WATER FUND TO THE GENERAL FUND: TRANSFERRING $27,272 FRQM THE ELECTRIC FUND TO THE GENERAL FUND; TRANSFERRING $2;825 FROM THE GOLF COURSE FUND TO THE GENERAL FUND; TRANSFERRING $4,313 FROM THE ICE GARDEN FUND TO THE GENERAL FUND; TRANSFERRING $11,001 FROM THE GENERAL FUND TO THE TRANSPORTATION/MALL FUND; TRANSFERRING $20,686~'. FROM THE GENERAL FUND TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING $19,160 FROM THE GENERAL FUND TO THE TRANSIT FUND; TRANSFERRING $2,825 FROM THE GENERAL FUND TO THE GOLF COURSE FUND; TRANSFERRING $4,313 FROM THE GENERAL FUND TO THE ICE GARDEN FUND was read by the city clerk Councilman Collins questioned the expense for undergrounding. Finance Director Sheree Sonfield answered this was from the 1976 undergrounding and Mountain Bell never changed the city. The majority of the ordinance is overhead allocation; these are based on the actual expenses. Mayor Stirling asked what this does to the general fund. Ms. Sonfield said the net transfer into the. general fund is $8,000. Councilman Blomquist moved to adopt Ordinance ~44, Series of 1983, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Walls, aye; Blomquist aye; Mayor Stirling, aye. Motion carried~ SHAPERY PURCHASE - Letter of Understanding City Attorney Taddune presented a letter of understanding regarding mutual release and agreement. Taddune said the parties did not know what they are dealing with in order to finalize the purchase. Taddune said he has been in communi~ation with the engineering department to find out the city's position with regard to Trueman's position. Taddune said the only way to go ahead with the closing is to agree in this letter of understanding that no one is waiving any rights. Councilwoman Walls moved to approve the letter of understanding; seconded by Councilman Blomquist. All in favor, motion carried. CONSENT AGENDA Councilman Collins moved to approve the consent agenda; seconded by Councilman Blomquist. These items are 1. Liquor License Renewal - City Market; 2. Special Event Permit - Visual Arts Center; 3. 24 hour hold agreement with Aspen Valley Hospital. All in favor, motion carried. Councilman Collins moved to adjourn~Lat 10:20 p.m.; seconded by Councilwoman Walls. All in favor, motion carried. City Clerk