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HomeMy WebLinkAboutminutes.council.19860224Re4ular Meetin4 Aspen City Council Februarv~24, 1986 1 CITIZEN PARTICIPATION ORDINANCE #6, SERIES OF 1986 - Edel Street Vacation 2 ORDINANCE #7, SERIES OF 1986 - Transfer of Assets to RFTA 4 4 LIQUOR LICENSE HEARING - Sarcly House 5 BAAR LOT SPLIT CHARITABLE EXEMPTIONS FROM UTILITY CONNECTION CHARGES 6 SALE LEASEBACK OF CITY HALL STUDY 8 SCHOOL DISTRICT WAIVER OF WATER TAP FEES 9 9 VOLK PROPERTY SUBARU WINTERNATIONAL VEHICLE DISPLAY 11 ENCROACHMENT REQUEST - Carriage House 11 RESOLUTION #5, SERIES OF 1986 - Air Space over Main Street 12 MAA/BALLET JOINT FACILITY STUDY PROPOSED TASK FORCE 13 14 REPORT ON TR I P TO JAPAN WHEELER BOARD APPOINTMENTS 15 15 COUNCILMEMBER COMMENTS 16 MANAGER' S COMMENTS 18 Regular Meeting Aspen CitX Council February 24. 1986 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Collins, Fallin, and Walls present. CITIZEN PARTICIPATION 1. Craig Ward, Nordic Council, said he had requested to be on the agenda seeking financing f or a second Pisten Bulley through the city using f unds from the county, Snowmass Village and the school district. Ward told Council they have funds from these 3 entities equalling the amount it would take to finance the Pisten Bulley f or the first year. Ward said he would like to proceed with an intergovernmental agreement with the city and would like Council to direct the staff to help to put together this agreement. City Manager Schilling said this is something the city should consider doing. There is no exposure. The city would be the financing agent but the payments would come from these other entities. A lease/purchase does not put the city in a long term financing situation. Mayo r Stir 1 i ng moved to direct staf f to help draf t an intergovernmental agreement and bring it back to Council; seconded by Councilman Isaac. All in favor, motion carried. 2. Hal Clark, PCPA, said they would like to make a presentation to Council about purchasing property east of town and suggested this be done as part of the Volk presentation. Mayor Stirling suggested giving this presentation at the capital improvement work session on February 25. 3. Tom Cardamone, A.C.E.S., gav a Council a letter regarding the open space purchase that Hal Clark alluded to. 4. Cardamone told Council he has been working with the engineering department to get Jenny Adair park cleaned out. Cardamone said he has met with a contractor who has a machine, that is different than a drag line, that can clean out the pond at Jenny Adair park. The problem is that the contractor needs to build a ramp down into the park, which is a one time expense of $4000. This may stretch the already approved budget to clean out the city's 3 ponds. The A.C.E.S. Board concurs the ramp is the least damaging way to get machinery into the property. Councilwoman Walls said this would provide access f or people to get to the property. Jay Hammond, engineering department, told Council this would impact the high alignment along the old trail but would not impact the bicycle trail. Hammond said the contractor may not be able to build the ramp until the ground thaws. Hammond told Council he is still working on getting final costs. Another issue is are there any flood plain questions related to this ramp. Councilman Collins asked if there are any 1 Regular Meeting Aspen CitX Council February 24. 198.6 drawings of the proposed ramp and could Council see these. Hammond said Council should be aware of any work going on on city-owned property. Cardamone said Council approved $16,000 to clean out Jenny Adair and two other ponds. The contractor has quoted $16,000 to build the ramp and clean out the pond at Jenny Adair. There may be a request for more allocation for this job. Councilman Isaac asked what happened to the contractor with the drag line that was supposed to do the work this fall. Hammond said by the time McClellan was avail able, the city was hauling snow and did not have equipment to do the hauling. Hammond said McClellan may have made assumptions about access to Jenny Adair that may no longer be valid. Cardamone said A.C.E.S has decided not to let a road come through some land they own, which will preclude a drag line getting into the property. Hammond said this may effect the price quote from McClellan. Hammond said to be fair, he will ask McClellan for an amended price with a ramp. City Manager Schilling said the city may have some exposure to McClellan. Schilling said if McClellan cannot do the work because of an access problem, then someone else could do the work. Councilman Collins said if A.C.E.S. has plans f or their property, this should flow with whatever plans the city has for the Jenny Adair and other city-owned property in this area. Cardamone told Council that A.C.E.S has a master plan for their property. Mayor Stirling said there is a potential for A.C.E.S. to become the steward for all the land in this area. Cardamone told Council the A.C.E.S. Board has determined a ramp is the only access as any other access would infringe on A.C.E.S. property. Mayor Stirling suggested a work session with the A.C.E.S. Board before summer to go over plans for both properties. 5. Jon Busch said the city has by ordinance decreed that any construction project that tears up city roads is supposed to replace the pavement to the existing standards. Busch said the city never does this and there are potholes all over the city. Busch suggested that the city staff should get after contractors to properly pave the roads. ORDINANCE #6. SERIES OF 1986 - Edel Street Vacation Jay Hammond, city engineer, presented a plat of the property and reminded Council they approved an encroachment license f or the existing fence and house into the city's right-of-way. The applicant would like a vacation for the portion of the house which is in the city's right-of-way. Hammond said the vacation is 3-1/2 feet by 30 feet. Marty Kahn, representing the applicant, told Council the house was constructed 35 years ago. Hammond indicated the locations of the rights-of-way on North 2 Regular Meeting Ashen Citx Council February 24, 198 street, which is a full 75 feet in width, and Fourth street, which is just over 60 feet. Hammond said there ofs t affictand pavement, which is j ust short of two f ull widths two full width s of parking. Hammond said the city could get a full street width with room for sidewalks without this right-of- way. Hammond pointed out the are existing large trees outside the house and it is doubtful in any road expansion, the city would remove the trees. Hammond said the city is sympathetic to encroachments or vacations where the public benefits by them. In encroachments, the city is protected because they can require removal of the encroachment; in the case of vacations, the city gives up that right. Hammond told Council he is not inclined to support the vacation request because of the concern of whether the public benefit is met. Kahn said this request came up when Edel had a contract to sell; the lender wanted survey protection, and the title company could not do it because of this encroachment problem. Kahn said regarding the public benefit; the public i s "us" and a 1 of of the west end has problems c r Bated by inadequate su rveys . The citizens did not cause these inadequate surveys. Kahn pointed out the part of the house that encroaches is 18.2 f Bet from the edge of the pavement. Kahn said a reasonable lender or buyer would be concerned if they had to cut 3 feet off their house. Kahn said Council is going to have to examine these on a case by case basis, find out whose fault it is and make a determination. Kahn said there is no reasonable prospect that the city is ever going to need this 3 f Bet and thi s i s not a problem the applicant created. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac said this is a hardship case for the applicant and the city is not giving up any material gains. Councilman Isaac said he would like to amend the motion to say if there is ever any change on this part of the house, the owner would remove it from the city's right-of-way. City Attorney Taddune told Council this property would not longer be the city's. Taddune suggested granting an easement back to the city with the understanding the city has the right to use it f or right-of-way purposes in the event the structure is removed. Taddune said this is what the city did with the Baar street vacation. Taddune told Council there are many more situations that will be similar to this situation in the west end. Councilman Collins said there is a basic issue about street vacations and city policy. This could effect houses all over the 3 Regular Meetin Aspen Citv Council February 24 , 1986 city. Councilman Collins said he would like to see a policy on how the city will proceed on this type of problems. Taddune said each case will be different. Council will have to examine each case and find there is no longer a valid public purpose for the portion of the road that is being vacated. Kahn said vacatin g this 130 square feet will not adversely effect the city. Councilman Isaac moved to adopt Ordinance #6, Series of 1985, adding another section describing the easement back to the city, and subject to the city attorney's approval and have the easement language at the March l0 meeting for approval; seconded by Councilwoman Walls. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Collins, yes; Walls, yes; Mayor Stirling, no. Motion carried. ORDINANCE #7, SERIES OF 1986 - Transfer of Assets to RFTA Assistant City Manager Mitchell said this implements the requirements of the intergovernmental agreement. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #7, Series of 1985, on second reading; seconded by Councilman Isaac. Mitchell told Council all the assets are being transferred to RFTA. Any assets that cannot be used by RFTA will be returned to the agency that transferred them. Mayor Stirling asked why there is a 5 year minimum lease on Rubey park when the city does not know what will happen at Rubey park. Mayor Stirling said he would prefer to have a yearly lease. Mitchell said the lease states any change in use at Rubey park would have to be approved by Council. City Attorney Taddune said RFTA wanted a long term lease, and this 5 years is a compromise. Taddune said he could put in a 90 day termination clause. Mayor Stirling said that is fine so long as the citizens are protected in that the city is not prohibited from making plans for that property. Mitchell said the only contingency is that the city cannot cancel the lease in the middle of the winter season. Roll call vote; Councilmembers Collins, yes; Walls, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. CIO UOR LICENSE HEARING - Sardy House Mayor Stirling opened the public hearing. City Clerk Koch reported the posting, publication and file to be in order. Daniel Delano, applicant, told Council the reasonable requirement for this license is to allow the guests of the Sardy House to be 4 Regular Meeting Aspen, Cit. Council February 24, 1986 able to enjoy a drink on the premises. Delano said in catering to his clientele, service is of the essence and is a requirement to provide that service to their guests in order to function as a first class hotel. There is no other bar in town that can provide that service. Delano told Council the bar at the Sardy House will be a small area in the back of the original building and will only seat about 8 persons. Councilwoman Fallin asked if the applicant were aware they cannot serve during school hours. Delano said they accept that condition. Mayor Stirling asked f or opponents . There were none . Mayor Stirling closed the public hearing. Councilwoman Walls moved that based on the evidence at this public hearing relating to the applicant of Lenado Management Inc. for a three-way liquor license, the Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Isaac. All in favor, motion carried. BAAR LOT SPLIT Steve Burstein, planning office, said this request is a lot split, GMP exemption and subdivision exception. The staff recommends approval of this lot split since Council has approved vacation of the right-of-way. Burstein said there is a possibility for other lot splits in the area, and would this set a precedent. Burstein said it has been determined there are two lot s which may be eligible for lot splits; however, there is a code amendment that would make this type of lot splits not eligible for GMP exemptions. Burstein said another issue is whether some views would be disturbed by creating this lot. Burstein said staff feels there is enough property so the house could be constructed without destroying the views to the north. Bur stein said removal of trees on the property is another issue. From the site plan, there appears to be a minimum of removal of trees as well as the Code section regarding trees that has to be complied with. Burstein said the last issue is whether a duplex could be con st r ucte d on 1 of 1, as Baar has enough square f ootage to do that. The staff is recommending that a condition be that no duplex could be built on lot 1. Mayor Stirling opened the public hearing. Hal Clark, representing Baar, reminded Council that the street vacation approved two weeks ago did not e f f e ct the density on this property. Baar has the right to build a duplex on this property with no Council approvals. Clark told Council the 5 Regular Meeting Aspen Citv Council February 24. 1986 applicant would rather separate the property than engage in development for a duplex. Clark said the impacts on the city of this lot split are marginal. Clark said the Baars object to condition 4 about tree removal as this is already in the Code and they would rather not have this on the plat . C1 ar k said the Baars have thought about having a caretaker residence within their existing residence. Clark said the staff has strong o bjections to a major duplex on the Baar lot and the applicant agrees a lot split and major duplex would be too much density for this site. Clark said the applicant would like a 500 or 600 square foot caretaker unit within the existing footprint for health care reasons. Burstein said he feels having a statement about the removal of trees is a good way to keep track of the conditions and the building department will be aware of this condition. Burstein said the Baars can have someone live in without having to add a kitchen. If it is a duplex unit, it becomes a problem of regulating how large it should be. Curt Baar said he feels unnecessary restrictions on the plat do not look good. Baar said there are already laws limiting the size of the house and not allowing cutting down trees, and these should not be put on the plat. Mayor Stirling moved to approve the requested subdivision exception and GMP exemption for the purpose of a lot split subject to conditions 1, 2 , 3 , 5 , 6 in the planning office memorandum of February 5, 1986; seconded by Councilwoman Fallin. Councilman Isaac said he would favor allowing a caretaker unit of about 500 square feet. Mayor Stirling said the Baars can add on to their house as it i s . All in favor , with the exception of Councilman Isaac. Motion carried. CHARITABLE EXEMPTIONS FROM UTILITY CONNECTION CHARGES Mayor Stirling said the Grand Champions Club paid a tap fee but did not get approval to have large gatherings, which would require more water. Gary Wright said there was a lot of confusion as to what the tap fee should be when the club connected to the system. Wright told Council the Grand Champions club elected not to have the privilege of having certain types of functions and did not pay an additional $35 , 000 in tap fees for an "assembly hall". Wright told Council the club paid over $100 , 000 in water tap fees. Wright said they have been informed by their water engineers to have a charitable event would use less water than the regular uses. Wright told Council this is an opportunity to give charitable events a place to go in town. Kevin Patrick told Council 6 Regular Meeting Aspen Citv Council February 24, 1986 currently there are places that just hold these events; the applicant is trying to legitimize holding charitable events. Mayor Stirling said passing this ordinance is not in the best interest to the community; however, it is unfair the way the fee is structured. There may be a compromise that could be worked out, there may be a more fair formula as well as a better definition of "charitable". Jim Bain, Grand Champions Club, told Council they will shut the club down and use one or two tennis courts for charitable functions. Bain told Council they feel the water department is calling the whole space convention space, and they will only use 1 maybe 2 courts. The club does not make any money on these type of events. Mayor Stirling asked when they have charitable events, if the facility is donated. Bain said the facility is donated, the food and beverage is paid for. Mayor Stirling said he is a member of the club and said if this discussion is kept generic, he won't have a conflict. Councilwoman Fallin asked if the Aspen Club pays a tap fee when they have a charitable function. City Attorney Taddune said in negotiating the water extension agreement, the issue of whether the assembly hall tap fee should apply came up. The city took the position it applied; the Grand Champions Club took the position they did not want to be an assembly hall. The club with drew being an assembly hall so they could get the water extension agreement approved. John Musick pointed out the Aspen Club was approved prior to the present connection tap fee ordinance. The Aspen Club paid the full tap fee for the full use they requested. Patrick said this club paid the full amount of tap fees for the uses they requested. If they hold one charitable event per year, they will have to pay the full tap fee for an assembly hall as if they were using the facility as an assembly hall 365 days a year. Councilman Collins asked if there were additional monies paid over the $100,000 tap fee. Musick said in order to serve this facility, they had to enlarge the size of the line to 8 inches and the total paid was 5148,000. Musick pointed out in dealing outside the city limits, the city's water department is operating as a private business. The water department must operate fairly and treat everyone the same so as not to bring utility regulations into this. Musick told Council the water department disagrees that a charitable function would use less water than the regular use of the club. Musick said this is an administrative problem to sort out charitable and non-charitable events. Counc ilwoman Wall s said there are fund raising events all over town, and asked if these places pay an extra tap fee. Musick said the Grant 7 Regular Meeting Aspen Citv Council February 24, 1986 Champions Club will be enlarging the surface for their restaurant service and have more people there than what they paid the tap fee for. Councilman Isaac said this seems to be two different uses that can occur at the same time. The applicant has paid the tap fee for one use; if they pay another it could be double taxation. Gary Wright said these types of events will only happen 6 or 8 times a year. Jim Bain told Council they made an application to the water department, stating the uses of the building and classified the courts as multiple uses. It was requested they pay $50,000 more to have multiple uses of the tennis courts and the applicant does not feel this is correct. Jay Hammond, engineering department, said this one time charge is based on potential capacity. There is no assurance that the club won't use the entire facility, nor is there any assurance that they will always have charitable events. This would require the city to go out and make sure every event is a charitable function. Councilwoman Walls said making this an ordinance would require another level of policing and the city may not be ready to do. Mayor Stirling suggested providing a non-profit event fee and have events make application like special event permits for liquor licenses. Mayor Stirling suggested having a per event fee and make application to the Council. Mayor Stirling moved to turn this back to the staff to come back as soon as possible with an approach to accommodate facilities and events but not to erode the function of the water system; seconded by Councilwoman Fallin. All in favor, motion carried. SALE LEASEBACK OF CITY HALL STUDY Mayor Stirling said Touche Ross has presented Council a proposal to do phase one of the planning process for the options on city hall not to exceed $8500 plus out of pocket expenses. If the city does not go through the first phase, they will not know all the options available. Councilman Isaac said it seems there is a lot the city staff could do to help minimize the time of Touche Ross. Assistant City Manager Mitchell said Touche Ross will be heavily involved in the front end. They have experience that the city does not. Mitchell told Council the intent is to get the first phase to the request for proposals, then the city will get involved. Mitchell said the city does have a lot of information together. Mayor Stirling moved to set X6,000 as a ceiling and engage Touche Ross for the first phase with Assistant City Manager Mitchell as the coordinator; seconded by Councilman Isaac. 8 R~aular Meeting Aspe=ity Council February 24. 1986 Mitchell told Council there is already money allocated for this. Councilman Isaac said it will be good for the city to have this information and it can be useful when this goes to the voters . Mayor Stirling said he would like this first phase back to Council by March 24. All in favor, motion carried. SCHOOL DISTRICT WAIVER OF WATER TAP FEES Mayor Stirling moved to table this issue until May 10, 1986; seconded by Councilwoman Fallin. All in favor, motion carried. VOL R PROPERTY Councilwoman Fallin left the room due to a conflict of interest. Assistant City Manager Mitchell told Council he has contacted Volk who conceptually agrees to sell the property to the city. Volk indicated this would involve issuance of tax exempt financing either installment sale or sales tax revenue bond. Volk would require $80,000 down and financing of $720,000 over 10 years. The percentage to be set a 90 percent of prime. Mitchell told Council Volk told him existing rentals generates between 550,000 to $60,000 per years and the city's annual payments would be $130,000 annually. Mitchell told Council installment sales are more risky in terms of legality. Mitchell said the sales tax revenue bonds would require an election. Mayor Stirling said he would be inclined towards the tax exempt bonds which would require a vote of the citizens. Councilwoman Walls said she would be willing to put this to a vote. Mayor Stirling asked Mitchell to research the effect of a tax exempt bond and the details . Taddune said these concepts have been used by the city to purchase other properties. However until last year there was a definite tax free ramification in an interest that the city paid. Taddune said this may not continue; there may be some attack on the tax free status of municipal obligations. Taddune told Council in other property acquisitions, the city has never guaranteed to the seller that there would be a tax free ramification. Bil Dunaway said if a person is trading this property for bonds, that person will have capital gains. Taddune said the election may have two separate questions. Mayor Stirling said the city should pursue an election in May and asked staff to pursue specific questions. Ed Zasacky, parks association, said he has a problem taking this to the electorate because it does not give the voters the alternatives of purchasing open space. One alternative is Diane 9 Regular Meeting Aspen City Council February 24. 1986 Smith's property, 43 acres east of town, which is 100 times the size of the Volk property, has substantial water rights and is a wildlife habitat. Zasacky said there are alternatives west of town. Other open space alternatives will not come out of an election just about one piece of property. Al Blomquist said the total purchase will be $1,380 ,000 plus money to clean up the property. Blomquist pointed out 5300,000 comes out of the land fund annually to pay for the Wheeler; this would be added on top of that. This would preclude many other open space possibilities. Blomquist said the voters should have a choice how best to use the monies in the land fund. Blomquist said the city has a formally adopted open space plan that does not identify the Volk property as a priority of the city. Hal Clark, PCPA, said the priorities for the city are more money into maintenance for existing parks, improvements to the Marolt/Thomas property, improving and maintaining the trails system, and a high priority of the parks department is building two new ball fields at Iselin park. The PCPA's highest priority is building the high bridge for the trail system. Clark told Council the staff and PCPA have been negotiating the gift of a trail easement for this bridge. PCPA has a high priority for the completion of the trails system along the base of Shadow mountain. In connection with the trail system is the PCPA' s interest in the Gramiger property, both for the trail easement as well as the value of the parcel as open space. Clark told Council the PCPA has ordered an opinion of value on this parcel. Clark showed Council a map of the eastern area of Aspen and said he has discussed the future use of the Benedict property with Benedict. The PCPA is interested in having a trail at the base of the mountain through the North Star ranch. The Smith parcel had a subdivision approval, which has been dropped. The PCPA is very interested in having the city purchase the Smith property. Stacy Standley said the recommendation to take this to an election, tied to a funding source, is a logical idea and will allow the purchase of this property to be debated publicly. Standley said taking this to the voters is responsive to a petition signed by 1700 citizens. Standley said this land is under development pressure and encouraged Council to continue in this direction. Richie Cohen said the plan for this property does 1 eav a some open space and enhances the sides of two unattractive buildings. Cohen said there are a lot better uses for the 6th penny. Mayor Stirling said tomorrow night the Council will set in motion a 5 year capital improvement plan, which includes money allocated for open space purchase. Mayor Stirling said he is not wild about planning around an election. 10 Regular Meeti~__ Aspen Citv Council February 24. 1986 All in favor, with the exception of Councilwoman Walls. Motion carried. SUBARU WINTERNAT IONAL VEH IC,~ E DISPLAY City Manager Schilling told Council this is a contract the city requires in order to permit vending on city property. This vending is in connection with the Winternational fund raising event, the proceeds support various local charitable events. Councilman Isaac moved to approve the agreement; seconded by Councilwoman Walls. All in favor, motion carried. ENCROACHMENT REQUEST - Carriage House Elyse Elliott, engineering department, said this is a request for a subgrade encroachment of 8 feet into the alley to extend the subgrade structure housing a swimming pool, mechanical room, and parking. Ms. Elliott said no one has any problem with relocating any utilities in this encroachment as long as the expense is borne by Ralph Melville, which he has agreed to do. Ms. Elliott said the policy of the engineering department is that unless public benefit is directly derived, they recommend denial. Ms. Elliott said she feels the only entity to directly benefit is the Carriage House. Councilman Isaac said he is concerned this encroachment request will 1 imit the use or the alley or be dangerous and may b r ea k down from all the traffic. Dave Gibson said they plan on amending the GMP plan but would like to settle this request first. Gibson said the purpose of this request is to allow more parking be subgrade rather than on-grade. Gibson said this configuration makes the pool area nicer for guests and pulls the building back off Durant street for more open space for the public. Ralph Melville said he will build tunnels with access for the sanitation district and the gas and electric will be outside. Melville said an advantage in this proposal would be to get more cars off the streets. Melville said he will be paving his part of the alley. Mayor Stirling asked if the building would be moved off Durant if they did not receive an encroachment. Melville said there would be less parking underground and the building would have to be moved closer to the street. Mayor Stirling said he feel the open space is clearly a benefit. Mayor Stirling asked if the applicant would consider paving the entire alley. Melville said he would consider that. Councilman Collins said he finds less objection to subgrade encroachments rather than having structures in the alley. Councilman Collins said if this preserves the intent and purposes of the alley it would be all right. The 11 Regular Meeting Aspen City Council Februarv 24,.1.986 encroachment provides benefits like more parking and open space, and the trade offs are there. Mayor Stirling moved to approve the request for encroachment for the Carriage House on the condition the entire alley be paved; seconded by Councilman Collins. Ms. Elliott said that condition would change their recommendation to approval. Norm Baseldorf said he feels this condition is holding a hammer over the applicant's head when he is already providing other benefits to the city. Councilwoman Walls asked what the rest of the basement is going to be used for. Gibson said there is an athletic club, a kitchen which would double as a conference area. Councilwoman Walls said by granting the encroachment, it will allow the applicant to maximize the rest of the basement and the applicant should be using their own property rather than the city's. Councilman Isaac agreed about the obj ection to requiring the applicant pave the rest of the alley, that it is not proper. Melville said he would rather not go to the expense of paving the entire alley; however, he would rather have the approval. All in favor, with the exception of Councilmembers Isaac and Walls. Motion carried. RESOLUTION ~5 , SERIES OF 1986 -Air Space over Main Street City Manager Schilling told Council the staff approves requests from civic organizations for banners over Main street and does about 100 annually . The staff then has to contact the state for their approval. The city has obtained an agreement from the state to delegate that authority to the city if the Council will adopt a resolution which outlines the state requirements. Schilling told Council this will simplify the process and will be to the benefit of the civic organizations. Schilling said conceptually the staff is proposing a fee of $20 , which does not cover the city's cost for specialized equipment and personnel time. The fee is not part of the resolution and would like Council to address the fee conceptually. Councilman Isaac moved to adopt Resolution #5, Series of 1986; seconded by Councilwoman Walls. Mayor Stirling said this gives everyone a clear understanding of the rules for banners. Councilman Collins said this allows 3 banners and that may be too many. Schilling said there is a size limitation and the banners would be smaller. The time the banners are allowed to be up is limited to 7 days. Schilling 12 Regular Meeting Aspen Citv Council February 24. 1986 said in the past there was little control over the banners. This procedure requires an application in advance, and the staff will block the time off. All in favor, motion carried. Mayor Stirling questioned charging a fee unless it covers the staff cost. Councilman Isaac said the civic organizations come back and ask for contributions. Mayor Stirling said this is an in-kind contribution. Councilman Isaac said he prefers to carry on the subsidy. Mayor Stirling suggested charging $50 per banner. Councilwoman Fallin agreed with charging more, and it may limit the number of banners that are put up. Councilwoman Fallin moved to charge S50 for each banner put up over Main street; seconded by Mayor Stirling. All in favor, with the exception of Councilman Isaac. Motion carried. MAA/B LET JOINT FACILITY STUDY PROPOSED TASK FORCE Mayor Stirling said this is a suggestion that the Council sponsor a task force of people from both Ballet Aspen and MAA to see if there are possibilities to use a joint facility. Mayor Stirling said it may be inappropriate to have elected officials on this task force because the city may be asked to use public land, and Council should have objectivity. Mayor Stirling has suggested Bill Rane chair this committee, as he chaired the facility committee last summer. Councilman Isaac said there should be members representing both the ballet and the music. Richie Cohen told Council he is chairman of the facilities committee for the ballet and would be willing to serve on this task force. Bill Kane said his facility committee last summer came to 3 conclusions. From the housing standpoint the MAA should be involved in solving housing on a year round basis rather than on a last minute basis. Second, the present facilities should stay where they are and the site offers great potential in the long run as long as ownership problems could be resolved. This ownership has been resolved for the Institute but not for the MAA. Rane told Council the third conclusion was to establish a better relationship with the school district for leasing facilities. Kane said last summer when his committee was working, the ballet group was working on their own facility with the high school, and the MAA felt there was a need for a separate facility for their purposes. Mayor Stirling said this proposed task force should determined if the uses can be fused and where the community and the city play a role in this. Kane said it would be appropriate to ask the two groups to submit names of people they would want 13 Regular Meetina Aspen Citv Council February 24, 1986 on this group, then let the group elect their officers, establish an agenda. Kane said the group may need to ask for space and clerical help to make it work. Mayor Stirling suggested some members be outside of either ballet or music to have some objectivity. Councilman Isaac said it is important that this task force be driven by the ballet and music groups rather than by Council. Mayor Stirling said he would be willing to provide space and secretarial service. Mayor Stirling suggested letting the Council know what the plan is in two weeks. Cohen said the MAA has looked at concepts of rebuilding their facilities or getting new facilities. There has been a lack of capital funds available. The concept of building a performance facility in Aspen has been around for 12 or 15 years. The MAA tried, Arts West tried, the ballet tried and have all realized that as wealthy and generous a community Aspen is, capital funds are not forthcoming from the private sector. Cohen said the concept has to go back to the government. Cohen said the city had to ultimately put together the Wheeler, and it took creative thinking and the real estate transfer tax. Councilman Isaac pointed out the Wheeler was already a city building. Councilman Isaac said he would like to see a consensus between Ballet Aspen and the MAA because they have not been able to agree about what their needs are. Cohen said the problems have come from a fear of taking money from each other's pockets. Cohen said if there is going to be growth of this major economic sector, they need help from the city. Council requested that Mayor Stirling and Councilman Isaac meet with Kane and representatives of the ballet and MAA and prepare a report for next Council meeting. The meeting was scheduled for Friday February 28 at 9 a. m. REPORT ON TRIP TO JAPAN Mayor Stirling said Hokkaido chose Aspen to relate to the Tomamu Shimucup resort for affiliation and direction. Mayor Stirling said Hokkaido has many similarities to Aspen. Mayor Stirling told Council there were banquets, they viewed the snow sculptures, met with the American consulate who told them 65,000 Hokkaidoans go to America each year. The group saw the 90 meter jump for the Olympics . The group had various ceremonies, met with Mayor and Council. Mayor Stirling said they requested to be sister cities but the ski resort is 30 kilometers away and there is no integration between the village and the resort the way there is in Aspen. Mayor Stirling said if Aspen decides to have a sister city in Japan, they may have to have a different attitude than towards European resorts. Mayor Stirling said the hoped result of the trip is to expand Aspen's exposure into Asia 14 Re-aular Meeting Aspen City Council February 24. 1986 for potential visitors. Mayor Stirling told Council a delegation is coming in the summer of 1986. Mayor Stirling said some good connections were made. WHEELER -BOARD APPOINTMENTS Councilwoman Walls moved to appoint Tim Charles, Mike Otte, Eve Homeyer and Tukey Koffend to the Wheeler Board; seconded by Councilwoman Fallin. Councilwoman Fallin asked about the MAA 1 iai son. Mayor Stirling said the MAA will have a non-voting member on the Board, who is Ray Adams. All in favor, with the exception of Councilman Collins AND Mayor Stirling. Motion carried. Councilwoman Walls moved to approve the consent calendar; seconded by Councilman Collins. The consent calendar is liquor license renewals Aspen Drug; Poppies. All in favor, motion carried. COtJ-NCILMEMBER COMMENTS 1. Mayor Stirling said he would like the staff to pursue the purchase of a Colorado banner for the Winternational festival. 2. Mayor Stirling asked about the hours for delivery trucks in town. City Manager Schilling told Council staff is working on this and they will bring it to Council. 3. Mayor Stirling said the Council will have to make a decision which sector of town to choose for electric undergrounding. Council scheduled a work session on undergrounding for March 31st at 5:00. 4. Mayor Stirling said he would like to have a report back on the historic preservation work done by the DU students. 5. Mayor Stirling asked what is being done about the potholes. City Manager Schilling said the streets departments has been filling these in the past week. Schilling told Council anything done now is very temporary, any permanent solution must be done in the summer. Councilman Isaac pointed out the Gibson is almost undriveable and he would like to have it closed. 6. Mayor Stirling reminded Council of the capital improvement work session February 25. 15 Regular Meeting Aspen Citv Council February 24. 1986 7. Mayor Stirling commended the City Manager on the weekly report. It contains good information and is useful. 8. Councilman Isaac said the Art Museum is having on opening next Thursday and asked what is being done about the traffic on Oklahoma Flats. Assistant City Manager Mitchell told Council the Arts Museum is setting up a shuttle from Rio Grande. They will advertise this and also have the police on site to enforce it. 9. Councilman Isaac asked what is being done about the sign code and the requests for changes from the Board of Adjustment. Assistant City Manager Mitchell said the planning office is working on revising the sign code. 10. Councilman Isaac brought up a memorandum from Patsy Malone, personnel director, regarding bonuses the county has been giving to joint employees. Councilman Isaac said he would like to discuss this at the next joint sessions with the Commissioners. 11. Councilman Isaac asked if the city is doing something for Beth Madsen, who won the National Ski Races. Mayor Stirling said he is going to proclaim Friday during World Cup week "Beth Madsen day". Mayor Stirling said the ACIC has asked the Council to declare an "R. O. Anderson day" to acknowledge his contributions to the community. Council agreed with both of these . City Attorney Taddune requested Council adopt a resolution for the conveyance of Arthur's for $24 , 000 and waiving any rent monies dues. Taddune told Council he has the check for $24,000. Councilwoman Fallin moved to adopt Resolution #6, Series of 1986; seconded by Mayor Stirling. All in favor, motion carried. 12. Councilman Collins said the Castle Creek bridge is getting ice built up on the sidewalk and it is a hazard for people trying to walk across the bridge. Assistant City Manager Mitchell said the street department plowed it today. 13. Mayor Stirling said the city still has not solved the problem of a snow dump site. This has to be resolved. 14. Mayor Stirling complemented the streets department for this assistance in plowing senior citizens' driveways. 15. Mayor Stirling reminded to have to snow removal on sidewalks enforced. MANAGER'S COMMENTS 16 Regular Meeting- Aspen City Council February 24. 1986 1. City Manager Schilling told Council he attended a PCPA meeting and the question of a snow dump site was raised. Schilling told Council the PCPA appointed a committee to help the city in trying to come up with a solution. 2. Schilling handed out a packet for the Capital Improvement program meeting. Councilman Coll ins moved to adjourn at 8:50 p.m. ; seconded by Councilwoman Walls. All in favor, motion carried. _ /~~ athryn S. och, City Clerk 17