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HomeMy WebLinkAboutminutes.council.20010312Regular Meeting Aspen City Council March 12, 2001 Mayor Richards called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Markalunas, McCabe and Hershey present. CITIZEN PARTICIPATION 1. Peter Fornell said the Aspen Fire Department has a permit to burn down the Grand Aspen. This should be a cause for concern as there is the possibility the Fire Department would not have the manpower to put out the fire if it got out of control. Mayor Richards stated the City has not issued any permits for this. Staff will contact the fire department for more information. 2. Don Policaro told Council Coates Reid and Waldron have been operating an illegal business in their neighborhood and they have never had a business license. This business is trying to get grandfathered in this location. Policaro said he does not believe this has ever been a legal business. Policaro said he would like to see this business red tagged or leave the neighborhood. Policaro said this business has never had a business license, and the city's code states a business license shall not be issued where there is a zoning violation. John Worcester, city attorney, told Council this business has applied for a license and in order to get a license, the application is referred to community development department to determine whether the use is proper in the zone district in which it is located. Community development department is in the process of reviewing this application. Staff is looking at Policaro's evidence as well as other evidence before making a determination. 3. Ramon Duv ernay brought up the recent news story about the police department and their new $2,000 bicycles. Duvernay said he feels $2,000 per bicycle is way too extravagant. Joe Cortez, police chief, said the retail price is much higher than $2,000. Cortez told Council last year the police department was understaffed by 6 officers. The department used the salary savings for these bicycles. Cortez said these bicycles will last a long time and should have lower repair bills than less expensive bicycles. 4. Toni K ronberg asked if staff has had time to find the answers to questions she brought up at a recent brown bag. Ms. Kronberg said the feasibility study she was given by staff was for a 22,000 square foot pool. The Iselin proposal is for an 80,000 square foot facility. Ms. Kronberg said 1 Regular Meeting Aspen City Council March 12, 2001 she would like to see a needs analysis with market demographics. The report she received was based on an outside pool. Ms. Kronberg said the city should do a real feasibility study to insure this facility will last and be used by the community. Ms. Kronberg asked what determined the pools be inside rather than outside. Ms. Kronberg asked if the city has a business and operating plan for the pool/ice rink facility. Ms. Kronberg noted none of the work she has done over the last 9 years was included in the feasibility study or the application presented to community development department. Ms. Kronberg said she does not want to see Ordinance #6 repealed. This ordinance approves the footprint of the building. The decision about the design of the pools rests with Council. Councilman Hershey pointed out this Ordinance and project has been approved by Council on a 5 to 0 vote. The city is going ahead with the pool plan. Mayor Richards said the notes from P&Z, Council and the application submitted by the recreation department is the record on which Council needed to make their decision. Mayor Richards reiterated Council has made their decision. Ms. Kronberg said she would like copies of the needs assessment, business plan, operating costs associated with this facility. Mayor Richards requested staff to provide these items. 5. Jay Leavitt, housing department, noted a housing open house March 21st from 7:30 a.m. to 7 p.m. at the Wheeler Opera House. The agenda will be discussing 8 different projects and "get qualified" for housing. 6. Torre entered into the record how to get Council's information on the AT&T Information Channel, alternative language for the transportation ballot issue, and a suggestion on a community internship program to associate the city and school district. COUNCILMEMBER COMMENTS 1. Councilman Markalunas announced the Stallard House museum re- opened last week with a great exhibit of photographs, then and now. There are William Henry Jackson photographs from the 1800's and John Fielder's recent comparative photographs. Councilman Markalunas noted it is an excellent exhibit. 2. Councilman McCabe said the school's reaction was disappointing to the "Be Heard Aspen" issue where a student was criticized by staff at the 2 Regular Meeting Aspen City Council March 12, 2001 high school. Councilman McCabe encouraged the teachers to think about how they will handle these issues in the future. Councilman McCabe challenged students who made a pledge to not do drugs or alcohol and have not stuck to that pledge, should stand up and acknowledge they have not lived up to that pledge. 3. Councilman Paulson noted an article in the Daily News about an explosion in China where kids were being forced to manufacture fireworks. Councilman Paulson said if this is true, he would like Council to consider having firework applicants sign a letter that there is not slave labor or school children involved. 4. Steve Barwick, city manager, requested Council add to the consent calendar a request for funds of the Living Arts Foundation for $4,000, previously approved by Council. Barwick requested an executive session for potential land acquisition at the end of the agenda. 5. Steve Barwick, city manager, told Council the fire department is planning on doing a training exercise at the Grand Aspen in rooms only in order to practice rescue through smoke. Council agreed with the need for the fire department to be able to train for hotel emergency evacuation. Council requested details of this burn. CONSENT CALENDAR Councilman Hershey moved to add the donation to the Living Arts Foundation to the consent calendar; seconded by Councilman Markalunas. All in favor, motion carried. Councilman McCabe moved to read Ordinances #11 and 12, Series of 2001; seconded by Councilman Paulson. All in favor, motion carried. Ordinance #11 (SERIES of 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO SECTION 26.510.040 (F), PROHIBITED SIGNS, OBSOLETE SIGNS, OF THE ASPEN MUNICIPAL CODE ORDINANCE #12 3 Regular Meeting Aspen City Council March 12, 2001 (Series of 2001) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN (SECTION 26.04.080) CHANGING ZONING AND PLAN CHECK FEES The consent calendar is: · Ordinance #12, 2001 - Code Amendment Zoning Fees · Ordinance #11, 2001 - Code Amendment - Historic Signs · Resolution #26, 2001 - Approving Appointment of Finance Director · Resolution #27, 2001 - Authorizing Staff to Execute Financial Transactions · Request for Funds - Living Arts Foundation - $4,000 from Non-Profits Funds · Minutes - February 26, 27, 2001 Councilman McCabe moved to adopt the consent calendar as amended; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; McCabe, yes; Paulson, yes; Hershey, yes; Mayor Richards, yes. ORDINANCE #9, SERIES OF 2001 - Hotel Aspen PUD Julie Ann Woods, community development department, said this property has an LP overlay. The request is to expand to add 8 additional lodge rooms and 2 employee units. The project has received growth management allotments through the lodge preservation program. There are 7 one bedroom lodge units and one large 700 square foot unit. The employee housing units are 400 square feet each. P&Z approved this unanimously. The outstanding issues are the category rental for the affordable housing units. This housing exceeds what would be required under the land use code. Another outstanding issues is the parking on the Garmisch street right-of-way. Ms. Woods said several options have been presented. Council 4 Regular Meeting Aspen City Council March 12, 2001 indicated at the first meeting they were in favor of keeping the head-in parking to retain as much parking as possible. Ms. Woods showed a proposed loading area along Main street. Ms. Woods noted staff is not supporting the loading area on Main street as the hotel can use the Garmisch street side for loading. Ms. Woods said staff was concerned about future transportation options on Main street and having loading zones conflict with that every block. Ms. Woods pointed out the 8 on-site parking spaces. These spaces are very tight. The head-in parking on Garmisch is on city right-of-way and is not signed as private parking; however, it is heavily used by hotel guests. Ms. Woods noted the FAR goes from 23,000 square to 29,237 square feet for 53 bedrooms. Ms. Woods told Council staff feels this is a good project in the lodge preservation program. The project meets the spirit and intent of the LP and AACP. Staff recommends approval of the project. Councilman Markalunas agreed the loading zone on Main is not a good idea. Herb Klein, representing the applicant, reminded Council the direction at the last meeting was that parking is important and as few spaces as possible should be eliminated. Klein pointed out the loading zone on Main street is recess one car width for people to safely pull in and get out of traffic. Augie Reno, architect, showed the landscaping of the area. The applicants propose to delete one parking space and made a corridor to be in line with the vacated alley. This parking is also used by the clinic as overflow parking. Reno said the applicants feel the loading on Main would be a better solution than using one of the head-in parking. Klein said the unresolved issue is to be able to have category 3 employees living in category 2 units. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Hershey said he liked the head-in parking. Councilmembers Hershey and McCabe favored the loading zone on Main street. Councilmembers Paulson, Markalunas and Mayor Richards opposed the loading zone on Main street because of future transportation corridors and conflicts with traffic. Every lodge on Main street could request a loading zone, and this would change the character of Main street. Council decided not to approve the loading zone on Main street. 5 Regular Meeting Aspen City Council March 12, 2001 Council agreed with the head-in parking on Garmisch with one space removed for a pedestrian corridor. Councilman Paulson asked about the proposed removal of several large fir trees on site. Reno said this has been reviewed and approved by the city's forrester, as the trees are diseased. Councilman Paulson said he would like to make sure this has been approved. If these trees are to be replaced, Councilman Paulson said he would like to see them replaced with like fir trees. Councilman McCabe said he would like to retain as much parking as possible. Mayor Richards agreed keeping the parking on Garmisch right-of- way. Councilman Hershey moved to adopt Ordinance #9, Series of 2001, on second reading, consistent with the direction from Council on the loading zone and head-in parking solution on Garmisch, and subject to Council receiving a report from the city's forrester, and change the employee unit to category 3 if it is an employee of the hotel being housed in those units and has above category 3 income, otherwise it should be rented as category 2; seconded by Councilman McCabe. Roll call vote; Councilmembers McCabe, yes; Paulson, no; Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. RESOLUTION #24, SERIES OF 2001 - Appeal of HPC Decision - 2 Williams Way Councilman Markalunas recused himself. Julie Ann Woods, community development department, told Council the owners of 2 Williams Way are appealing the HPC decision of January 24 to not allow removal of the structure from the HPC inventory. The request is that HPC denied the property owner due process or there was an abuse of discretion of HPC. Ms. Woods noted the record of proceedings have been included. Ms. Woods recommended the appeal of the HPC decision be denied in that there was no abuse of discretion or lack of due process. Ms. Woods reminded Council in 1999 they recommended this may be a historic building when they were discussing purchasing a portion of the property. The property was annexed and after required research, it was added to the inventory. Ms. Woods said the applicant, Scott Hicks, feels the participation of Lisa Markalunas during the HPC hearing affected this due process. Ms. Markalunas stated on the HPC record that her family owned 6 Regular Meeting Aspen City Council March 12, 2001 the property at one time but that she did not feel this was a conflict of interest. Ms. Woods said the city's Charter states "no member of Council shall vote on any question in which he has a substantial personal or financial interest in", which extends to all decision making bodies. Ms. Woods said the Markalunas family did have an interest in this property; however, at this time they do not have a substantial personal or financial interest. Scott Hicks, owner 2 Williams Way, said the city purchased part of this property from Maxwell Aley. Hicks said although he owned the property, the proceeds went to Aley. Hicks told Council he gave the city gave a park easement on the property. Hicks said Jim Markalunas was willing to hold up the sale of the property until it has been reviewed to be on the historic inventory. Hicks said Jake Vickery directed staff to consider this property when it updated the historic inventory. Hicks told Council there is a time at the beginning of HPC meetings for each member to declare any conflicts. Ms. Markalunas did not note her conflict at the beginning and the chairman did not have a chance to ask Ms. Markalunas to recuse herself. Ms. Markalunas did state her family ties to the property when this topic came up on the agenda. Hicks stated he holds Mr. Markalunas responsible for the listing on the historic inventory. This was not handled in a straightforward manner. Ms. Markalunas did not follow HPC procedure. Hicks said this appeal is based on two conflicts of interest; the conflict on HPC and that Mr. Markalunas circumvented the process by using his political influence to make sure this property is not handled as mandated by Council. Hicks said it is an arbitrary and whimsical process if Council can mandate the listing of a property whenever it seem appropriate. Hicks said the historical process as it currently exists is a subjective process with no objectivity. Hicks said only 50 percent of his property is historical; the rest are additions. Hicks said HPC wants to control the future development of historical properties. Hicks said historic properties in Aspen are destroyed by allowing huge structures to be added onto the rear of these properties. Hicks said he had a deed restriction on this property, a road easement and a park easement on this property. Hicks purchased the land with these restrictions but not with historic designation. Hick said it is unconscionable that the city can continue to meddle in the affairs of this property. 7 Regular Meeting Aspen City Council March 12, 2001 Mayor Richards opened the public hearing. Jon Busch urged Council to uphold HPC's decision. Mayor Richards closed the public hearing. John Worcester, city attorney, reminded Council the applicant has the burden of proof. Councilman Hershey said he is concerned about the onerous nature of HPC and the lack of regard for personal property rights. However, this agenda item is whether the appellant was given due process in the HPC meeting. Councilman Hershey stated he is troubled by the Markalunas' connection to the property and to Ms. Markalunas not recusing herself at the HPC hearing. Councilman Hershey said he does not favor delisting this property at this time and would recommend returning this to HPC for another hearing with Ms. Markalunas recusing herself. Councilman Hershey said Board members need to be objective and the pubic needs to know that Board members are objective. Worcester suggested remanding this application back to HPC. Because Council adopted an ordinance granting a 6 months stay, this will not go back to HPC until this 6 months stay is over. There will have to be a reason to remand this to the HPC. Mayor Richards said she feels the current work of the HPC and consultant should be completed before this is addressed again. Mayor Richards said this structure has a lot of historic merit on its face and in the neighborhood. Mayor Richards agreed that appointed board members need to be beyond the question of conflict and perhaps this could be considered denial of due process or an appearance of lack of impartiality. Councilman McCabe said the due process is a problem for him and there are questions about how this property was handled. Councilman McCabe said he is not agreeing to delisting the property but to give the applicant a chance to go through the process again. Councilman Paulson said he feels this property is worth saving. Councilman Paulson said he feel partiality is when one has a financial interest. Councilman Hershey moved to adopt Resolution #24, Series of 2001, amending it to find there was an appearance of a lack of impartiality of one 8 Regular Meeting Aspen City Council March 12, 2001 of the HPC members and deleting the portion of the resolution referencing delisting, remanding this to HPC to review once new guidelines have been adopted; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #23, SERIES OF 2001 - Ballot Questions Truscott Place Bonds - There are two proposed questions for bonds to construct the affordable housing units at Truscott. One is general obligation bonds and one is revenue bonds. The amount of the general obligations bonds would be $12,740,000 with a maximum repayment cost of $22,000,578. The revenue bonds cost would be $13,980,000 with a maximum repayment cost of $25,000,562. The general obligation bonds will have a lower interest rate with two offerings; long and short term. The net annual payment for the GO bond is about $978,000 and is $10,000 lower than the revenue bond. The GO bond does not require a reserve; the revenue bond requires $1 million for 20 years. Barwick said the recourse for a GO bond is to raise property taxes if there is a shortfall in the rental revenue. This question authorizes raising taxes $1,213,000 if there is a rental shortfall; this figure is the maximum annual debt service. There is no right to raise taxes in a revenue bond; if there is a revenue shortfall, it would compete with operations in the housing fund. Barwick noted that a GO bond has minimal impact on the city's bonding capacity. Revenue bonds reduce the city's ability to issue additional sales tax revenue bonds. Mayor Richards pointed out this question asks permission to borrow against the anticipated rents on this property from either GO or revenue bonds. The GO bond has a slightly less interest and a minimal impact on the city's bonding capacity. Councilman Hershey said he does not like the revenue bond effect on future sales tax revenue bond issues. Steve Jeffers, financial advisor, told Council the city has a large assessed valuation and little outstanding GO bonded debt. Jeffers noted the city has used their sales taxes extensively; the majority of the city's debt is sales tax related. Barwick said $5 million of this will be paid off within 5 years as part of the short term financing. 9 Regular Meeting Aspen City Council March 12, 2001 Councilman McCabe favors general obligation bonds. Councilman Markalunas said he prefers using revenue bonds. Councilman Paulson said he prefers GO bonds so as not to tie up open space funds. Councilman Paulson said he feels the businesses in town have not done their fare share to house employees. Council agreed to put a GO bond question on the ballot. Bariwck noted a deletion in the question of (adjusted for inflation at an assumed rate of __% per year). Council requested staff to make these changes and bring the question back at the end of the meeting Extension of Real Estate Transfer Tax for Housing - Council agreed with this question. Use of City Owned Marolt and Thomas Properties for Transportation Corridor and for Roundabout at Cemetery Lane Signal Light John Worcester, city attorney, explained this question seeks authorization from the voters to use city-owned property and to change the use of that property from its current open space to a transportation corridor. The first sentence asks to use a portion of the Marolt and Thomas properties for a two lane parkway and separate transit lanes to be used exclusively for buses until such time as the community supports the construction and funding of a light rail transit system. Worcester noted this language was taken from the Record of Decision. Worcester reminded Council the ROD environmentally clears a transportation project for a two-lane parkway and either a transportation corridor for light rail or for exclusive busways. In 1996, the voters approved the use of the Marolt/Thomas property for the light rail system but did not approve use of that property for exclusive busway system. If this ballot measure passes, the city has the authority to do everything authorized by the federal government as part of the ROD. The last sentence was added to make it clear this is not intended to supercede the 1996 but as an additional authority. The 1990 vote authorized a 4 lane highway, a direct alignment across the Marolt/Thomas properties. It is argued that this gives the city the authority to build a 4-lane highway across Marolt/Thomas. The ROD has a different alignment across Marolt/Thomas. Worcester said it could be argued the 1990 vote is in effect; however, the city does not have the environmental 10 Regular Meeting Aspen City Council March 12, 2001 clearance to build a 4 lane highway. This question would environmentally clear the alignment and the mode of transit. Worcester said section 4, the roundabout at Cemetery Lane places before the voters an alternative to the ROD. Instead of proceeding with the ROD and an alignment across the Marolt/Thomas properties, the alternative brought forth by the Friends of Marolt is to build a roundabout at the Cemetery Lane intersection with highway 82 and to continue using the existing alignment on the S curves. Worcester said a vote is needed on this question as the design requires some use of open space. Charlie Tarver asked what if the voters answer is yes to both of these question. Worcester said the city may do either one. The questions do not mandate an action. Randy Ready, assistant city manager, said the platform acquired by CDOT will allow for the construction of an in-bound busway, and in-bound, immediately adjacent traffic lane, a barrier medium, an out-bound traffic land and an out-bound busway with a platform for light rail transit on the up valley side of the parkway. This area is quite constrained to meet the wording on the ballot question "to meet the minimum necessary right-of- way". Bonnie Murry said many voters thought this decision had already been made. Ms. Murry said it is surprising it will be voted on again. Ms. Murry noted there was a good process leading up to the last ballot question. Jon Busch is concerned about loss of Marolt open space. Herb Klein pointed out this ballot question does not contain all the environmental protections contained in the 1996 ballot question. Klein suggested these be included in this question. Klein stated the ROD is weak when it deals with impacts on the neighborhood. Klein agreed this has already been voted on. Also the question is premature as there is no funding for this project. Denny Vaughan agreed this vote is premature; a lawsuit has been pending for decision for 5 months. Vaughan said the language in Section 4 is very loaded. Vaughan said there are 3 hurdles, the election, winning the lawsuit and raising $64 million. Vaughan agreed the 1996 ballot environmental conditions should be appended to this ballot question. 11 Regular Meeting Aspen City Council March 12, 2001 Torre said the reason this is being voted on again is that the voters agreed to give up open space for the train. Torre said if the language had been for busways, the voters might not have approved that. Jasmine dePagter said they will not support question 4 and believe this question is premature due to the lawsuit. It could be put on the ballot as an advisory question. Paul Murry agreed section 3 is being put to the voters to clarify any fuzzy language from the last ballot. Murry said the S curves as an alternative was not chosen because nothing would work on that curve. Helen Klanderud pointed out this question says nothing about a cut and cover tunnel. This is mentioned in the ROD. If the city is interested in insuring continuity, the more the questions are worded like the previous questions would insure that continuity. Ms. Klanderud said she does not favor the roundabout question. The question is biased and seems doomed to fail. Mick Ireland presented all the reports regarding the highway and entrance to Aspen. Ireland said the Board of County Commissioners are supporting the entrance to Aspen question to make it clear that the voters will allow a busway across the Marolt property. Ireland said this community should send a clear message to CDOT on whether they want the modified direct alignment or not. Dan Martineau asked if this is an either or proposal desiring the voters to choose one of these alternatives. If that is so, the outcome may be confusing. Martineau said voters may voter in favor of the roundabout at Cemetery lane as an interim solution while the debate on the highway continues for another 20 years. Martineau urged Council to determine what is their goal with these ballot questions and then to make goal clear to the voters. Mayor Richards said the future is now with the state in terms of the choices the town makes and whether something will be built or not. Mayor Richards said she is in favor of putting both questions on the ballot. Councilman Hershey favors allowing the electorate to decide. Councilman Hershey said the first question has to be asked to clear the use of the Marolt property for a busway. Councilman Paulson noted the second question is asked in the negative and the first question is put in the positive. They should both be in the 12 Regular Meeting Aspen City Council March 12, 2001 affirmative. Councilman Paulson said he would like the environmental concerns from the 1996 question in both of these questions. Councilman Paulson said it is clear to him this is not environmentally cleared. Councilman Paulson said these questions should not be put to the voters until the lawsuit it settled. Councilman Hershey noted citizens have the right to put questions on the ballot via the initiative and referendum procedures. Councilman Markalunas said his goal is to reduce the detrimental impacts of traffic in Aspen. Councilman Markalunas said the quality of life has been denigrated in Aspen. Councilman Markalunas stated he is an opponent to any four lane entrance to Aspen. Councilman Markalunas said he is a proponent of light rail and feels it is the only long term solution for this valley. Councilman Markalunas supports the modified direct alternative. Councilman Markalunas said he will not support two questions on this ballot, the roundabout at Cemetery Lane. Councilman Markalunas said a decision not to do anything is the worst decision. Councilman McCabe said he would support both questions on the ballot but would like the roundabout question re-worded. Councilman McCabe said he would be willing to include the environmental concerns from the 1996 ballot question. Councilman McCabe said the transportation corridor question would be clearing the way for the state to find the money to make the modified direct happen. Councilman McCabe noted the second question is not cleared by the ROD and would cost local money. Councilmembers Hershey, McCabe and Richards support putting both questions on the ballot; Councilmembers Markalunas and Paulson support only one question. Council directed staff to redraft both questions on the Marolt property and bring back to Council at the end of the meeting. Isis .20% Sales Tax - Andrew Kole proposed a .20% sales tax to retain all 5 theatres at the Isis and take over the current lease for 4 years. This will give the community time to negotiate and find a better way to retain the theatre. Kole said the community should have an opportunity to vote on this. Kole said a concern is competition against Stage 3. Kole stated the owner of Stage 3 may be interested in being part of the Isis. Peter Fornell said 3 years ago, the city had an opportunity to do something with this real estate. Private enterprise made a conscious choice to build a 13 Regular Meeting Aspen City Council March 12, 2001 movie theatre rather than office or commercial. Fornell said free enterprise should be allowed to work in this space. Fornell stated he is opposed to a ballot question for sales tax for 4 years. Fornell stated he is opposed to the city leasing or purchasing the structure. Sy Coleman said he would like to see a way to preserve the public presentation space. Coleman said it is problematic to get the government involved in performance and the arts. Ramon Duvernay supports the proposal to give the community time to figure out if they want to buy the Isis. Jon Busch said if you don't ask the question of the voters, you will not know the answer. Tim McFlynn told Council he is on the task force strategies to preserve the Isis. McFlynn suggested this not be on the ballot as the deadline for the ballot question is this meeting and Council has just seen the question. McFlynn said the city needs to take the 6 to 12 months of analysis and public information that has gone into tax increases that have passed. McFlynn said it would be too bad to have a negative vote because not enough time was spent to educate the community. Councilman Hershey supports putting an Isis sales tax question on the ballot and letting the voters choose whether they want to support this proposal. Mayor Richards stated she does not support putting this on the ballot. Mayor Richards said this question may have the effect of killing the Isis rather than saving it. Mayor Richards said people have to know what they are putting their taxes into is for a good value. Mayor Richards noted .20% is $650,000/year and that amount of money could fund free performances for a year. Mayor Richards said there is no option to purchase, there is nothing about who will run or lease the theatres. Mayor Richards said she does not believe if this is not on the May ballot that it will be gone forever. Mayor Richards pointed out the sales taxes were just increased 1/2 cent and it has not been the best business year. Councilman McCabe said this is a community resource dear to the hearts of citizens. Councilman McCabe agreed not enough issues have been addressed in order to put this on the ballot. Councilman Paulson said entertainment is what makes this community works. The surveys show all things that make Aspen up make the community work. Councilman Paulson said he can support this because it is only for 4 years. It will buy time to figure out what the community can do with this property. 14 Regular Meeting Aspen City Council March 12, 2001 Mayor Richards pointed out 3 years at $840,000/year is enough to cover the debt payment on this building. Councilman Paulson said he does not want to lose a building that the community may regret. Councilman Paulson supports putting this on the ballot and let the voters say what is to be done with the Isis. Councilman Paulson said he does not want to be a person who did nothing to save the Isis. Councilman Markalunas said he is inclined to support putting this question before the voters and letting them decide. Councilman Markalunas said if the question is not asked, Council will not know how the community feels. Councilman McCabe moved to put the general obligation bond question on Truscott on the ballot; seconded by Councilman Paulson. All in favor, motion carried. Councilman McCabe moved to put the extension of the real estate transfer tax on the ballot; seconded by Councilman Paulson. All in favor, motion carried. Councilman Hershey moved to place the Isis question on the ballot at .20% commencing July 1, 2001, for 4 years up to $880,000; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Hershey, yes; Markalunas, yes; Mayor Richards, no. Motion carried. Councilman Hershey moved to adopt Resolution #23, Series of 2001, as amended with 3 ballot questions; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Hershey, yes; McCabe, yes; Mayor Richards, no. Motion carried. Councilman McCabe moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION #25, SERIES OF 2001 - Sundeck Night Use Referral Comments Steve Barwick, city manager, reminded Council the County Commissioners approved night time use of the gondola on a 3 year experimental basis. Barwick said there have been no impacts on the city. Staff recommends Council forwarding comments favorable to this operation and even 15 Regular Meeting Aspen City Council March 12, 2001 expansion of the nighttime operation. Councilman Paulson said he objects to Council forwarding a recommendation that the BOCC consider expansion of this nighttime operation. Councilman Paulson said people were opposed to this operation and they should be able to comment on possible expansion. Council agreed to strike the paragraph discussing expansion of the nighttime operation. Councilman Markalunas moved to approve Resolution #25, Series of 2001, deleting Section 2; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to go into executive session to discuss real property acquisition at 10:10 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 10:40 p.m. and continue the meeting to March 13, 2001; seconded by Councilman McCabe. All in favor, motion carried. Kathryn S. Koch, City Clerk 16 Regular Meeting Aspen City Council March 12, 2001 CITIZEN PARTICIPATION ................................ ................................ ....... 1 COUNCILMEMBER COMMENTS ................................ ........................... 2 CONSENT CALENDAR ................................ ................................ ............. 3 · Ordinance #12, 2001 - Code Amendment Zoning Fees ........................ 4 · Ordinance #11, 2001 - Code Amendment - Historic Signs ................... 4 · Resolution #26, 2001 - Approving Appointment of Fi nance Director . 4 · Resolution #27, 2001 - Authorizing Staff to Execute Financial Transactions ................................ ................................ ............................. 4 · Request for Funds - Living Arts Foundation - $4,000 from Non-Profits Funds ................................ ................................ ................................ ....... 4 · Minutes - February 26, 27, 2001 ................................ .......................... 4 ORDINANCE #9, SERIES OF 2001 - Hotel Aspen PUD ............................ 4 RESOLUTION #24, SERIES OF 2001 - Appeal of HPC Decision - 2 Williams Way ................................ ................................ .............................. 6 RESOLUTION #23, SERIES OF 2001 - Ballot Questions ........................... 9 RESOLUTION #25, SERIES OF 2001 - Sundeck Night Use Referral Comments ................................ ................................ ................................ ... 15 17