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HomeMy WebLinkAboutminutes.council.19780424 Regular Meeting Aspen City Council April 24, 1978 Mayor Standley called the joint meeting with the County Commissioners together at 4:15 p.m. Present were Commissioners Child and Edwards, Councilmembers Johnston, Isaac, Van Ness, Wishart, Behrendt, and Parry, City Manager Mahoney, County Manager Ochs, City Attorney Nuttall, and County Attorney Stuller. 1. Aspen Metro San District "201"Grant-Land Treatment Study. Jenifer Carr told the Boards they had approved $15,000 for land treatment study in August 1977. This was to have been an agenda item last winter. The proposal is now for $10,000. This study is 201Land a request from EPA for Aspen Metro San to have the land treatment study done. Mayor Treatment Standley pointed out that under potential uses, there are six of them and they are all study irrigation projects. Mayor Standley said that land treatment for snowmaking ought to be considered as a use. Evidently Wright-McLaughlin has studied this and has done it, and it ought to be included in the scope of the contract. Mayor Standley said he would like to get ~response from Wright-McLaughlin and to see how much this would affect the price. Councilman Wishart moved to approve the agreement with the stipulation that they check into the additional use possibilities; seconded by Councilman Parry. All in favor, motion carried. 2. City/County Bus Maintenance Agreement. H. J. Stalf told the Boards what the City needs Ks a couple of bays at the bus barn long enough to work on the new buses. Brian Stafford said the County is looking at the whole bus barn area and trying to get plans Bus n~inten- worked out. The City is asking for permission to either expand existing facilities out ance agreement to accommodate the new buses or just outright parking with plug in areas. Stafford said it is a reasonable request tha~ the County will be able to work out. Stalf said the City needs 1600 square feet enclosed and parking space for five buses. Stalf said this would be lengthening the bays 12 feet. Commissioner Edwards said as soon as the land acquisition program at the County level is completed, the airport area may be abandoned. Any additions to the barn will only be good for a year or so. · '~=~ n~uz~9 Aspen City Council April 24, 1978 Councilwoman Johnston ~sked if this were to be a trade off with the County using the buse~! in the summer. Stall ahswered this could be done either way; the City can build the bays and charge the County fDr the buses, or the County can build it and credit against use the bus in the summer. : 3. Contract for Animal! Kennels. Mayor Standley pointed out the Boards have the option between paragraph 9A and 9B for approving this contract. Finance Director Lois Butterbau~h introduced the new owne~, Steve Schubert. Ms. Butterbaugh explained the current contract expires April 9. The t~rms of the new contract have been worked out. Schubert will not Kennels be able to put the newusection into operation as soon as the City and County need it. contract There is an offer to ex~end the current contract at the current rates until the facility is constructed and read~ for approval. Schubert will then come back to the Boards for final approval. In ordgr to obtain temporary financing, Schubert needs an indication that the City and County are in agreement with the contract. Ms. Butterbaugh said she would like the Boards to enter into an agreement extension on the present agreement. Ms. Butterbaugh explained that option 9A is predicated on the City paying capital costs for Schubert up front. ]ThiS will save about $5,000 on financing. The second option, 9B includes capital costs ~or the remodeling and splits it equally over five years. The City and County are loo~ing at $25,000 a year for kennel costs plus $7-8,000 repayment of the capital building co~ts. The remodel will add more kennels, an office for the animal wardens, cat room, pupp~ room and euthanasia room. Schubert will maintain the kennel 24 hours a day, collectlfines, give out licenses. Councilman Parry moved ~o approve the continuation of agreement assigning it to Schubert; seconded by Councilman Isaac. All in favor, motion carried. Commissioner Edwards mo~ed to authorize Mayor Standley to send a letter indicating the City and County interes~ in renewing the agreement for five years either with 9A or 9B to be decided at a late~ date; seconded by Councilman Parry. All in favor, motion carriedl. Commissioner Child · sazdl, he would like to see monthly or quarterly animal reports. 4. Transportation Planner. County Manager Ochs said the purpose behind the position is to get somebody competent and who knows something about transportation in the hopes that the City and County system eventually merge. This person would then be in the position !iPlanner- to take over. This per~on could also deal with things that are transportation related ~_ . .. ..... ~ranspor tarpon such as the mall, parking at Rubey Park, the RiO Grande, bus ways, etc. Planning D~rector! Karen Smith said she felt that planners had been known for their ability to implement nothing. The transportat~on planner/administration represents consolidation of functions that will lead to good ~mp~ementat~on of a transportation program. This transportation planner will not get in~o the nitty gritty of the everyday operations of the bus depart- ment, but more long range implementation of planning and related items. Mayor Standley said his i~nltlal premise was that with Voorheis, Halperin, UMTA and what- ever else, the City and County'have done all the transportation planning they need. If the City and County ~eed another planner, they should hire one. George Ochs had suggested that the Voor~eis planning study submitted could be included in the funding the County received from UM~A. Mayor Standley said this position could be reviewed when the City and County review ~heir joint budget. The City could decide if the value was not being received and not ~nterested ~n continuing the contract. With this premise, it seemsl plausible to jump into ~his. If the guy is good, nobody will be upset about keeping him around. Councilman Behrendt moved to approve the transportation planner at $20,000 split equally with the City not obligated beyond the calendar year; seconded by Councilwoman Johnston. All in favor, motion carried. 5. Housing Guidelines/S]tudy Session. County Manager Ochs said the housing director, Mark Danielson, is askinlg for a joint study session to go over all the guidelines. This Housing Guidelines was scheduled for May 3 iat 5:00 p.m. 6. Citizen Participatioh. Larry Yaw, representing the Post Office, told the Boards the USPO has purchased land near the Trueman project, and has hired Yaw's firm to design the new building. The USPO !is anxious to keep the City and County apprised of the project. Post Office This will be their first prototype solar heated post office of abou~ 20,000 square feet. building COUNCIL MEETING MINUTES , Councilman Isaac moved tO approve the minutes of the April 10, 1978, meeting; seconded by Councilman Wishart. Alli in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston told Council she had heard from Candi Harper, Grassroots, that they had received the Colorado Humanities grant ~or $16,000 to do a program on water in Co lo rado. i !!program 2. Councilwoman Johnsto{ said she feels the City should take the lead in program having to do with energy or conservation. Councilwoman Johnston suggeSted the City buying two or three bikes for employees to use when they have errands around town instead of using i!Energy City vehicles. Mayor St~ndley asked City Manager Mahoney to inventory what will be avail~!C°nservati°n able for the auction, and to see if the City can preempt ~ome of the bicycles for City use. ~gu~ ~v~ ~spen ul~y ~ouncll April 24, 1978 3. Councilwoman Johnston asked how the administration were progressing on Aspen One property; the Council had said to proceed on condemnation, City Attorney Nuttall told Aspen One Council She had had a financial analysis done, and this made it disadvantageous to go property ahead and file before pursuing different options for acquiring the land. One of the considerations is doing land trade. Ms. Nuttall stated the negotiations are proceeding. 4. Councilman Behrendt stated there was a request, i by Council to have the administration i look into sign enforcement. Councilman Behrendt said he had noticed some long term Sign code ii temporary signs around town, Councilman Behrendt said he would like a report from the enforcement i building department and would the enforcement aCtivated. 5. Mayor Stendley handed out notice of special meeting for April 25 on the growth manage- ment plan development allotments. Councilwoman Johnston pointed out the intent of the Growth maD~geq ordinance was that Council should not be asked to go through the same exerCise as did the ment applica-ii P & Z on these applications. Mayor Standley said that no one would be allow to amend tions their application before Council. Mayor Standley urged Council to read all the submitted packet material. 6. Mayor Standley told Council that Mountain Queen had sued the City on the water tank on Aspen Mountain. City Attorney Nuttall has won against a temporary restraining order. PRIDE IN ASPEN Mayor Standtey submitted ~!!!~f what the ad hoc committe has been doing. They have broken into three sub-committees; theme, business approach, and enforcement. The program Pride-in- outline and the budget were given to Council. Chris Cassatt, Ellen Anderson and A1 Aspen Pendorf are the theme committee. Cassatt presented some sketches to Council for possible campaign buttons, tee-shirts, etc. The guy who cleans up will be given the identity of Captain Clean!and have a uniform with stars and paint the street sweeper. There will be a poster campaign with four posters per year. Pendorf told Council they had discussed haVing a trash index on the radio. Gary Plumley, Jim Holland, Dorothy Nuttall and Tom Dunlop are working on the approaches to enforcement. Plumley said the first thing is to make people conscientious of trash; they City will have to provide more trash barrels for the litter. This is one of the largest costs items, upgrading and increasing the number of trash barrels on the City streets.. The City Will have to make sure the trash re~eptacles are emptied frequently. Plumley said he would approach the beer companies to put recycling and litter lab~s on six packs of Soda and beer. Tom Dunlop told CoUncil if this Program does not ge~ through, and there are persistent violators, the red tagging of dumpsters will continUe~ Dunlop said there would be some delegation by him of City officers to look the town over. There is a provision in the Code for penalties for consistent violators. Perhaps bringing repeat violators into Municipal Court will help. Dunlop pointed out the intent is to get continuing program rather than a one shot deal. Mischell Huerta, dealing with the business awareness, said they had thought of businesses having a sale tied in with clean up We~k, or if one is wearing a tee-shirt they can get a discount. In the Chamber mailing will be mentioning the Pride in ASpen ~wareness. They will work with shops getting them to put the posters up. Lin Clark came up with an idea to tie in with the Heart Association runathon. In the past, children have gotten pledges to run so ma~y miles around town. This year could be the first bagathon for the heart association. There could be prizes for so many bags of trash picked up. If the City would supply the bags and the pick up stations, the Heart Association could handle the rules and entry forsm. Everyone on the community would benefit. Mayor Standtey told Council this program has a budget of $17,000, with $10,000 already planned on. The additional money gives the City an expanded program with more trash receptacles, posters, buttons, tee'shirts, all the parts of the awareness campaign. The posters will be changed on a quarterly basis trying to keep the awareness going. Councilman Behrendt moved to fund the additional funding to extend $6800, one-half from the seventh penny and one-half from the general fund; seconded by Councilman Johnston. All in favor, motion carried. ~ WHEELER OPERA HOUSE - Report from Task Force Wheeler Operal Mayor Standley said he had asked the City Manager and the Task Force to summarize what House - report is being done to see if anything is being done and if they are on the right track. King from task Woodward, chairman of the Task Forc%, told Council that City Manager Mahoney had submitted force a memorandum which summarizes two years of the work of the task force. The task force has spent a tremendous amount of time on planning the Wheeler Opera House. Originally they had come up with a renovation cost of $850,000. If a freight elevator, interior stairway and elevator for the handicapped are included the cost will be $1,200,000. Woodward told Council the~e is a lot of information available, drawings, plans, experts have come to give costs on rigging the place. Woodward said the Task Force would like to know whether to go ahead as is, to form a non-profit organization and investigate funding or what. Woodward stated the Task Force feels that the Wheeler should pay for itself and not be a tax burden, and they feel it can be done. People with commercial space should renovate it at their own costs. The report of the Task Force also shows that the theatre area can pay for itself. Woodward told Council that all members of the Task Force feel the Wheeler is the answer to a good performing arts center for Aspen. Councilman Wishart said he would like to reserve the right for the City to choose who gets the non-profit space. Woodward pointed out that when the theatre grows and needs additional space, the people who are paying very little may have to move, if the City wants the Wheeler to grow. _ R~ular Me~tlnq Aspen City Council April 24, 1978 Mayor Standley outlined three decisions; make the decision to go ahead or not; if go aheadli provide the organization to continue; Council provide the parameters for timing and spend-li ing. If the decision is to go ahead, the Council and the administration should start working on the funding. If the City finds a way to fund the Wheeler to make it a perform-! ing arts center, and the programs outlined by the task force make sense, then the task force should become operational again to deal with the details. Mayor Standley said he felt it was on the Council, if they are interested, to try and develop funding alternatives. Councilman Behrendt moved that the administration proceed with examination of funding alternatives and report back to Council by the second meeting in June; seconded by Councili man Parry. Councilwoman Johnston suggested starting the ground work for a non-profit organization as funding for non-profit organizations is much more viable. Councilman Wishart said he would not like the City to give up the management of the Wheeler. Mayor Standley that would be investigation of specifics after the funding is investigated. All in favor, motion carried. MEETING OF THE LEAGUE OF HISTORIC AMERICAN THEATRES Jenifer Carr told Council this annual meeting will be held in Kansas City and will deal with renovation of historic buildings and fund raising. Ms. Carr said she felt this would be very interesting as it will go into the aspect of small theatres. Bob Klineman from League of Historic the Wheeler task force told Council he was going on his own expense, and asked to be part ~American Theatres of the City group. Council decided to send Ms. Carr and Councilwoman Johnston and to endorse Klineman. HOLY CROSS BUILDING REPORT Missie Thorne, chairman of the Holy Cross task force, reminded Council they had requested $150,000 from the City at budget time with the understanding that the task force would iHoly Cross raise the other $150,000 required to renovate the building. The task force had presented building report a $25,000 operating budget to Council, which was approved. Ms. Thorne told Council they have set up a non-profit corporation and have applied for tax exempt status. The task force had Chic Collins go,rover the building; they haVe worked with a consultant to go over things involved in a visual arts center. The task force is working very care- fully within the $300,000 budget. Larry Yaw had done a preliminary cost study. The task force invited all architects in the community to participate in the renovation, and picked!i Sam Caudill. The task force has had Jenifer Carr working on possible funding sources for the project. They have written for a grant to the Kresge foundation. The deadline for working drawings is the end of May. There has been one pledge from a citizen interested in donating the landscaping work. The task force has advertised for a director and a contractor to work with the architect. Ms. Thorne told Council they felt if they had a director early it would make it easier to raise funds. A master plan has been written and submitted to Ms. Carr for comments. The task force has been building community support from the people in the arts field. The task would would like to be able to establish an endowment. Ms. Thorne told Council they feel the building can run on its own, but they have to have it open and running before an endowment can be established. Ms. Thorne said the task force would like to find out what kind of communications Council would like to have. Councilman Wishart said the task force seemed to be in touch with the staff, and he had no problem with the way they were going. Mayor Standley asked about the time schedule. City Manager Mahoney said the City planned ~ to have the building by September. Ms. Thorne said they envisioned having the visual artsl center open by next spring. LIQUOR LICENSE TRANSFER - Aspen Drug Store Chuck Brandt told Council that Richard Long was selling all the stock in the Aspen Drug iLiquor License Store to N & R Inc, with Richard Wickes 100 per cent shareholder. Aspen Drug Corporation itransfer - will then be liquidated. Aspen Drug Store Councilman Behrendt moved to approve the transfer of the liquor license to N & R Inc., seconded by Councilman Isaac. All in favor, motion carried. RESTAURANT EXTENSIONS INTO THE MALL Mayor Standley told Council that R. Pea's, Paragon and Aspen Mine Company are all request-iRestaurant ing extensions into the mall that will be the same as last year. Tom Dunlop told Council iExtensions into he had problems with the Paragon; their trash service is being disconnected due to a Mall - dispute with the bill, and there are problems inside the establishment. City Attorney R. Pea's, Aspen Nuttall told Council she would like the agreement changed so that the rent is paid upon Mine Co. execution of the agreement. Last year there were bookkeeping problems. Councilman Behrendt moved to enter into mall lease agreementS with R. Pea's and Aspen Mine Company, the lease agreement to include prepayment of the lease for 90 days; seconded by Councilman Isaac. Councilwoman Johnston said she felt that the angling on Aspen Mine Company should be enforced now that Incredible Edibles is gone. Also the restaurants should pay the new rate, which is an increase of 6 per cent. All in favor, motion carried. ~egu±ar Meeting aspen u~y uouncl± April zq, ±~/~ SUN DAY/SOLAR ENERGY ' Permission to use mall Anne Oakes, representing Roaring Fork Resource Center, told Council they were asking for ~11 request Sun Day/Solar one day permit to display and sell solar related things in the mall. There will be a book from last years proceedings, tee-shirts, and if it is sunny a solar oven to bake Energy cookies to sell. Councilwoman Johnston moved COuncil so allow, and to have a Mayor's proclamation declaring Sun Day, subject to the Mall Commission's approval; seconded by Councilman Behrendt. All in favor, motion carried. MEADOWWOOD WATER AGREEMENT Mayor Standley said the City has been giving Meadowwood a year to year program; this is overflow from the City's intake. Mayor Standley told Council the City's water attorneys Meadowwood say this is in the City's best interest. Mayor Standley stated he was not entirely Water Agree- convinced. ment Councilman Behrendt moved to approve the Meadowwood water agreement; seconded by Council- man Parry. All in favor, motion carried. RESOLUTION #10, SERIES OF 1978 - NOW Support of ERA Amendment Julie Hane read to Council a list of other cities that have adopted this resolution. The resolution wQuld not allow the City to send any employees or to expend any funds in any Reso. 10, 1978 states that h~ve nOt passed the ERA amendment. Ms. Hane said that two states are suing, apparently this has cut into some state's business. Councilman Isaac said he supported NOW support of ERA ERA 100 per cent, but does not support this resolution at all. Mayor Standley agreed but stated he did not feel it was in the City's best interest to hamper their abilities amendment like this. Economic censure is inappropriate to hamper the city's ability to do business. The Council could adopt a resolution to convey their support of ERA. Ms. Smith told Council the Commissioners had adopted this resolution with an amendment saying they could send someone to these states if absolutely essential. Councilwoman Johnston moved to read Resolution #10, Series of 1978, with the County amendment; seconded by Councilman Wishart. Councilmembers Wishart, Johnston, and Isaac in favor, CouncilmemberS Parry, Behrendt, Van Ness and Mayor Standley opposed. Motion NOT carried. Mayor Standley stated he would be glad to support a modified resolution but did not feel the County amendment was it. SUBDIVISION EXEMPTION - Lacy Duplex Gideon Kaufman requested to be added to the agenda because there is a time problem, Subdivision Councilman Wishart said the Council had a policy of not acting on things that are not on Exemption- the agenda and he intends to abide by that. Councilwoman Johnston agreed. Ms. Smith Lacy Duplex told Council there were two planning office items before this that had been cancelled. Councilman Isaac moved to add this item to the agenda; seconded by Councilman Parry. Councilmembes Isaac, Parry, Van Ness, Mayor Standley in favor; Councilmembers Johnston, Wishart, and Behrendt opposed. Motion carried. Ms. Smith told Council this duplex is under construction; it is about 5,000 square feet, is in the R-15 zone and does comply with the zoning. Housing Director Mark Danielson stated verbally there is little concern about Ordinance #53, 1977, because this will not reduce the supply as it has never been among the supply of moderate housing. Councilwoman Johnston said in fact it does reduce the supply as there used to be a house there. Ms. Smith said P & Z approved it conditioned upon six month minimum lease applying to both sides of the duplex, and that the driveway ramp be set back 10 feet from the street to allow for future road modifications. Councilwoman Johnston asked if the park dedication fee had been paid, and that the staff make sure it had. Council discussed the fact there had been a house there, it was demolished, and the applicants built this duplex by right. Councilman Behrendt requested City Attorney Nuttall to draft an ordinance requiring that all demolition permits be reviewed by Council. Councilman Parry moved to approve the condominiumization given the six month lease restrictions, certification of the payment of the park dedication fee, and the set back of the driveway; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Behrendt and Johnston. Motion carried. BUS CONTRACT WITH THE SKI CORP H. J. Statf submitted the agreement to Council and told them all the problems had been ironed out except a late occurring one. Stalf had submitted the specs to Elder, Quinn Bus Contract with Ski Corp and McGill figuring a price increase of 6 per cent. The price actually went up 15 per cent. This raised the price to the Ski Corp from $200 per day to $210 per day; the Ski Corp agreed to this. Councilwoman Johnston left Council Chambers. Councilman Behrendt asked why the City should do this, what are the advantages. Stalf said to make things as simple as possible for people who want to ride the bus system, it should all be run by one entity. The City will use similar signs and schedules for both bus systems. Councilman Isaac moved to approve the bus contract with the change to $210 per day; seconded by Councilman Wishart. All in favor, mOtion carried. Regular Meeting Aspen City Council April 24, 1978 ORDINANCE #8, SERIES OF 1978 - Appropriation for Refund Park Dedication Fees Councilman Behrendt moved to read Ordinance ~8, Series of 1978; seconded by Councilman !iAppropriation Isaac. All in favor, motion carried. ~park dedica- ORDINANCE #8 tion fees (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FOR $120,000 FROM UNEXPENDED PRIOR YEAR SURPLUS FOR THE PURPOSE OF MAKING CERTAIN REFUNDS OF PARK DEDICATION FEES was read by the city clerk City Attorney Nuttall told Council the purpose for this was to make sure the City refundedi~ park dedication fees by proper channels. Ms. Nuttall said each case will be considered on its merits. There will have to be documentation on each refund. Councilman Isaac moved to adopt Ordinance #8, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Van Ness, aye; Wishart, aye; Isaac, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilman Behrendt moved to adjourn at 7:25 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn~. Hauter, City Clerk