Loading...
HomeMy WebLinkAboutminutes.council.19861124REGULAR: MEETING _ ASPEN CITY COUNCIL NOVEMBER 2~. 198 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Walls and Collins present. CITIZEN PARTICIPATION 1. Bill Martin said he has discussed floor area ratio with Council about two years ago. Martin presented photographs of all the new construction in the west end since then. Martin said this is an important issue, and perhaps the historic overlay will help solve this problem. Martin said he would like to see the FAR reduced, and the policy of excluding garages and overhangs has caused a lot of the problems. j Alan Richman, planning director, reminded Council there are two parts to re-writing the Code, one is the process, which is underway, and the other is the substance. Richman told Council staff has identified FAR as a higher priority and is on the planning work program for 1987. One of the items that has bumped this is historic preservation, which has become top priority for the city. Martin asked about the possibility of a FAR moratorium. Councilman Isaac said he would prefer to have the staff work on the FAR regulations as soon as possible. Mary Martin pointed out the HPC has requested the floor area be reduced and that garages and overhangs be included in the FAR. Richman told Council staff will be reporting at the next Council meeting where the historic preservation element is in the process, and Council should be deliberating an ordinance by early January. COUNCILMEMBER COMMENTS 1. City Attorney Taddune told Council the arguments for summary judgement in the Kona Past case lasted two hours and focused on whether there are factual issues available to the plaintiff s to defeat the motion for summary judgement filed by the city and county. The focus is primarily on the county and its 1973 downzoning. Taddune said he expects a decision on these motions in the next 2 or 3 months. 2. Mayor Stirling said Council had brought up drafting a pit bull dog law. Mayor Stirling said he feels dog control is an issue but to ban certain breeds is discriminating. Mayor Stirling said he would like Council to reconsider requesting this legislation. Councilwoman Walls said she feels there is good reason f or discriminating against this type of breed, and it has been done in other cities. Councilman Isaac said he would like to see proposed legislation from staff. 3. Mayor Stirling asked if Councilmembers Isaac or Walls would be willing to reconsider the water rate increase. Councilmembers Isaac and Walls declined. 1 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24, 1986 4. Council reviewed their schedule; November 26, 5 p.m. with the Clean Air Advisory Board; December 1st, 5 p.m. transportation work session; December 3rd, 5 p.m. continued public hearing, conceptual SPA roaring fork railroad. The regular Council meetings in December are scheduled f or December 8 and December 15. Council scheduled a work session with the county commissioners on December 9 at 5 p.m. for discuss the Roaring Fork Transit Agency. Council scheduled a work session with the code simplification consultants Wednesday, December 10 at S.p.m. 5. Mayor Stirling said the Colorado Association Ski Town meeting will be here December 12 and invited Council to dinner Thursday, December 11 with CAST. SUBDIVISION EXCEPTION - North Street Lot Split Mayor Stirling opened the public hearing. Steve Burstein, planning office, told Council this is located on the northwest corner of 7th and North streets. There is an existing structure located in the center of the six lots; the applicant is proposing to split these down the center for about 8900 square feet each. These lots would be restricted to single family houses without further growth management approvals. The staff feels this complies with the subdivision standards and meets all requirements for a GMP exemption for a lot split. Burstein told Council this is a flat site; there are some trees on the back of the site that should be protected. Burstein told Council staff looked at the existing structure, which is to be demolished, to see if it should be preserved as a significant modern architecture. Staff concluded this is not a significant structure architecturally. Burstein said staf f recommends this request be granted with four conditions; a subdivision exception plat be filed, 2) a statement of subdivision exception be filed, 3) agreement to join any future improvement districts, and 4) the removal and relocation of trees be done in accordance with section 13-76 of the Code. Councilman Collins moved to grant subdivision exception and GMP exemption f or the North Street lot split subject to the 4 conditions in the planning office memorandum of November 19, 1986; seconded by Councilman Isaac. Mayor Stirling entered into the record a letter of support from Charles and Helga Marqusee, adjacent property owners. Chuck Brandt, representing the applicant, presented 3 additional letters of support from the Kalmses, Walls, and Tituses, submitted to the record. Mayor Stirling closed the public hearing. 2 REGULAR MEETING ASPEN CITY_COUNCIL NOVEMBER 24~ 1986 All in favor, motion carried. ORDINANCE #51, SERIES OF 1986 - Modification of Promissory Note City Manager Bob Anderson summarized what has transpired over the last several months. There are two ordinances f or Council to consider. Ordinance #51 addresses restructuring the note with Red Roof Inn. Anderson told Council at the current time, no one has made a deal with Red Roof Inn which wold make this ordinance appropriate. This ordinance allow s restructuring of the debt owed by Red Roof Inn with the idea that Red Roof Inn would sell their interest in the property to another party. Anderson recommended against adopting this ordinance. Ordinance #53 allows an agreement with Red Roof where the city takes back the property on a deed in lieu of foreclosure. The city executes an agreement with Red Roof to purchase the personal property, fixtures and equipment for $100,000. The city will also forego rights, interest or claims against the Red Roof for fixing the roof, $3,000 to $5,000 worth of taxes and liens. Anderson reminded Council Red Roof served notice that they do not intend to pay the amount due in November and the city could go through the process of f oreclosure. Anderson told Council Ordinance #53 would allow the city to take the property back in an expeditious fashion and to purchase the furniture and fixtures. The staff negotiated no payment to be made on the furniture and fixtures for two years or when the city sells the property. Anderson recommended Council adopt Ordinance #53 and complete the deal negotiated with Red Roof Inns. Anderson said this action will not solve the problem of what to do with this property in the long term. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved to not adopt Ordinance #51, Series of 1986; seconded by Councilwoman Walls. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Mayor Stirling, yes. Motion carried ORDINANCE #53, SERIES OF 1986 - Reconveyance of Red Roof Inns City Manager Bob Anderson told Council this represented the best agreement staff reached with Red Roof in the best interests of the city. Anderson said having the furniture and fixtures in place at the Red Roof would be an asset towards the sale, rather than a detriment. City Attorney Taddune said the proposed Butera - Red Roof transaction had a purchase price of 5200,000 for the furniture and fixtures. Taddune pointed out to get closure on the deal between Butera and Red Roof and the city's participation, Red Roof lowered their price 550,000. In the 3 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24. 1986. city's negotiations with Red Roof, they lowered their price another $50,000 in lieu of some of the outstanding disputes and has agreed that the purchase of the equipment will be on a non- recourse basis, secured by a deed of trust on the property and a security interest in the equipment. Taddune told Council payment will be deferred for two years unless the city sells to a third party, in which case the installment contract will have to be paid off . Taddune told Council there is 53,000 in outstanding taxes and water bills and 52,000 in mechanic's lines owed by Red Roof. Taddune told Council if the city went through the whole foreclosure proceedings, they would not be able to make a claim on the furniture and fixture; the city has never had an interest in this. Taddune said it would take 3 to 6 months to get the foreclosure finalized. Taddune said the city will be purchasing 50 rooms of furniture, the kitchen equipment, conference room furniture, bar and restaurant furniture. Taddune told Council, Red Roofs' initial cost was in excess of 5600 , 000 . Taddune said this furniture and fixture has more of a value to the owner of the Red Roof because it is customized. Councilman Collins moved to adopt Ordinance #53, Series of 1986, on second reading; seconded by Councilman Isaac. Taddune said this ordinance approves a reconveyance agreement. Red Roof has agreed if the city reacquires the property and leases it, the city will still be able to take advantage of the deferred payment of the purchase of the equipment. If this is sold to a third party, this payment will become due. The rate of interest is 7.5 percent, and the city will release all claims. Mayor Stirling opened the public hearing. Mayor Stirling said he feels there are advantages to the citizens in having the city take back the Red Roofs, and then decide what is to be done with it. Mayor Stirling closed the public hearing. Roll call vote; Councilmembers Collins, yes; Walls, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling said Council will have to decide which proposals most benefits the public . There has been a proposal f rom Joshua Saslove, a letter from Mary and Bill Martin, an indication from Bob Kline of interest in leasing the property. Mayor Stirling said Council should decide if this property should be sold or leased and what is the best process to be set up to solicit proposals for use for this property. Mayor Stirling said this could be a facility for the M.A.A. dormitory housing, use for an educational facility. The city could make a major contribution to the arts by allowing this type of use. Councilman Coll ins 4 REGULAR MEETING ASPEN CITY_ _COUNCI~ NOVEMBER 24 , 198 said Council should discuss both the long term use of this facility as well as the short term use, or whether it should be open triis winter. If it is not going to be open this winter, Council has more time to address the long term questions. Bob Anderson said h has not had any proposals from anyone interested in running the Red Roof just for this winter. Anderson told Council the city will have to do some things to keep the Red Roof up for this winter, like fix the roof. Anderson said because it is so late in the season, it will be difficult to market the rooms if someone were to run this for the winter. The plus of leasing it f or the winter is that the city may make some money. The negative side is that someone would be using the city;s furniture and fixture on a short term basis without a lot of interest in keeping it up. Anderson said f or the long term, he would recommend staff prepare criteria and accept proposals. Gideon Kaufman, representing Joshua Saslove, said this property has been discussed at length. Kaufman has come f orward with a contract and a definitive offer. Kaufman said part of the offer is a time period where the city can still solicit bids. This enables the city to go forward and compare offers. Anderson said a right of first refusal does have a dampening effect on the entire process. Mayor Stirling said his preference is for Council to decide what they want to do with the property and allow all offers to come forward with very clear criteria. Mayor Stirling said he is not convinced the city should sell this property, at this point. Mayor Stirling said rights of first refusal can often chill real estate deals. Kaufman pointed out the city has not received many offer s and hi s client has given a definitive contract. Mayor Stirling said if the city takes the deed back and advertises for proposals, they may receive more and varied proposals. Council agreed they should have a work session to discuss various uses for the property. Joshua Saslove said he felt it wa the intent of the city to get as much of their principle money as they could. Saslove said the city should made the request for proposals as definitive as possible so that people do not put a lot of effort into something that cannot come to a positive result. Councilwoman Walls moved that the city manager be authorized to spend up to $10,000 to repair the roof at Red Roof inn immediately and that staff be instructed to maintain the property; seconded by Councilman Collins. Councilman Isaac asked if, after the city takes possession of the property, the city will maintain the utilities. Anderson said the city wil l have to keep the heat above f reez ing to maintain the property. 5 REGULAR MEETING ASPEN -CITY COUNCIL NOVEMBER 24 , 1986 All in favor, motion carried. Council schedul e a work session Monday, December 1st at 7 p.m. to discuss Council's intention of what they would like to do with the property. Councilman Isaac asked staff work on recommendations or proposals. Councilman Collins requested staff have the information from the last time the city bid this property, what the city asked for and what the conditions were. Mayor Stirling said Council will discuss whether this should be sold or lease, what is the highest and best use, what is in the best interests of the community, zoning data and history. ORDINANCE #45, SERIES OF 1986 - Maroon Creek Homeowners Agreement City Attorney Taddune told Council the city had requested a raw water carriage agreement rather than a water extension agreement. There have been discussions between the homeowners and the city's water counsel. Based on the letter from John Musick, the homeowners have agreed to the water carriage agreement and are circulating the agreement for signature. Therefore, this ordinance is not necessary as a water carriage agreement does not need an ordinance. Councilman Isaac moved to approve the water carriage contract concept; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #54, SERIES OF 1986 - Utility Connect Charge Increase Cindy Shafer, finance director, reminded Council when they discussed water rate increase, they indicated they wanted to address tap fee increases. Ms. Shafer said there have been tape fee increases in 1983 and 1984 of 20 percent each. When the $9,000,000 water improvement bonds were issued, it was anticipated that five 20 percent tap fees increases would be required; those have not been implemented. If Council approves this 20 percent tap fee, $64,000 additional revenues would be generated in the water fund in 1987. City Manager Bob Anderson said a previous Council adopted a standard that 60 percent of the debt service in the water. Even with this increase, that standard will not be edt. Anderson told Council they are setting the tap fees, and the water management fees will be structured around this. Mayor Stirling opened the public hearing. Barry Siegel told Council he did an informal survey of communities around aspen. A tap fee for 3 bedroom, 3 bathroom house ranged From $2250 in Basalt, Carbondale $1250, Glenwood - including sewer fees $2617, Durango $3820 , Vail $5,000. Siegel said the tap fee for this 6 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24, 1.98 size house in Aspen without this increase is $12,344. Siegel said Aspen's water rates are very high, especially since Aspen seems to be close to the source. Mary Martin said it seems that money has been voted to put into other funds from the water fund. Councilwoman Walls pointed out the water improvement bonds were voted for by the public and the improvements have to be paid for. The revenue has to come from somewhere. Assistant City Manager Mitchell told Council he has gone through the city's financial statements back to 1960 and a total of 5200,000 had been taken out of the water f und. Mayor Stirling said the city cannot keep adding increases to tap fees and may have to deny other type of improvements to pay for the water debt service. Councilwoman Walls asked it if would be possible to ref und the water bonds to be paying the debt service over a longer period of time. Ms. Shafer told Council this is an option and would be willing to l oo k at this . Councilman Isaac said an alternative is property tax subsidizing the water fund. Anderson said the costs exist and were decided years ago. Anderson agreed with the philosophy of extending the life of the bonds. Anderson pointed out costs of long term capital improvements should be paid for over the useful life of these improvements. Anderson said he would argue for the integrity of the water system and would not recommend raiding the water system revenues nor having general f und paying f or the water system. Councilwoman Walls said other towns have problems int heir water system, and Aspen has a first class system. Councilwoman Walls reiterated the voters approved the water management bonds and approved it with the understanding that the fees would be increased. Councilwoman Walls said it wold be irresponsible to stop paying for these improvements. Mayor Stirling moved to table Ordinance #54, Series of 1986, until December 8 and ask finance staff to look at a t 25 year pay out to look at the annual savings; seconded by Councilman Isaac. Councilman I saac asked staf f to evaluate the impact on the user s if Council does not pass this tap fee increase. This will make the monthly water rates go up to cover the debt service. Councilman Collins said the debt service is 51,500,000 and the tap fees were to cover 60 percent of that in keeping with the policy that growth should pay for itself. 60 percent of the debt service if 5900,000 and the tap fee revenue is around 5300,000, the rest is covered by the water monthly rates. Councilman Collins said if the tap fees were doubled, there is still a short fall to be made up by monthly charges. Councilman Collins said there is a large disparity here. Mitchell pointed out the to p fee revenue budget is based on average activity. If a larger project were to be built, this would make a difference. Mayor 7 REGULAR MEETING ASPEN CITY COjJNCIL NOVEMBER 24 , 1986 Stirling agreed Council has inherited some challenges in the water fund. All in favor, motion carried. ORDINANCE #55, SERIES OF 1986 - Amending Model Traffic Code Rocky Whitford, police department, told Council this ordinance allows the city to enforce a car parked within 5 feet of an alley as they are allowed to ticket a car parked within 5 feet of a driveway. Whitford told Council a driveway does not have to be signed. The staff would like to amend this to read, "parking within 5 feet of a public or private driveway or alley". Whitford told Council it would cost the city about $4,000 to put "No Parking here to Alley" signs all over town. This ordinance i s w r i tte n so that these alleys will not have to be signed in order to cite vehicles. Mayor Stirling said he would prefer signs over having people getting tickets f or an unknown violation. Whitford told Council the problems are only in areas where there is angle parking. Councilwoman Walls questioned the prohibition of parking within 20 feet of a crosswalk or within 30 feet of a stop sign and noted that town has not enforced this. The signs currently "No parking here to corner" are about 5 or 6 feet from crosswalks. Whitford said the police department has always enforced the 20 feet from a crosswalk provision. Whitford said this is measured from the middle of the crosswalk. Jay Hammond, city engineer, told Council these are standards in the absence of signage control. The city deals with each intersection depending upon the type of parking. These standards are in the model traffic code and do not require signs to be enforced. Mayor Stirling opened the public hearing. Joe Wells told Council $20 tickets are being issued to unknowing tourists who are expected to know the standard is 20 or 30 feet f rom an intersection. Wells said Council should see what this looks like on a base map of the core area and how much parking it takes away to administer this standard. Wells said he feels it is a mistake for a tourist community to issue $20 tickets expecting tourists to know the laws. Councilman Collins said this amendment is only to prohibit parking within 5 feet of a public pr private driveway or alleyway. Councilman Collins said Council cannot change these standards unless the ordinance is re-noticed. Councilman Collins said Council should look at these standards later to see if they 8 REGULAR MEETING ASPEN CITY COUNCIL NO T~EMBER 24. 198 want to make more amendments. Mayor Stirling suggested changing (2) to read "when other than parallel parking is allowed", which would allow more parking. Hammond said he would prefer to leave the ordinance as 5 feet assumes some turning radius when a vehicle comes out of an alley or driveway. Molly Campbell said $4,000 worth of sings is a minimum cost to notify tourists. It is critical to inform visitors where they should and should not park, rather than just issuing 520 tickets. City Manager Anderson said he has a difficulty with the proliferation of signs and the image of Aspen. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #55, Series of 12986, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Council requested staff address parking within 20 feet of a crosswalk at an intersection and within 30 feet of a stop sign, as well as parking control signs at the December 8th agenda. Councilwoman Walls said she would prefer to not take away existing on-street parking. Hammond said the sign issue is a balancing act between how many signs are too many and what laws should residents and visitors be expected to know. RESOLUTION #23. SERIES CTF' 1986 - Lodge Improvement District Jay Hammond, city engineer, told Council this resolution of intent is the first step in the legislative process of implementing the lodge improvement district. In 1985 Council passed Ordinance #43, establishing the general procedures for the formation of assessment districts. When Council discussed the lodge improvement district in August, a major concern was the city's contribution. At this point the city's contribution is $710,000 to be used for paving, drainage and related improvements the city would normally be responsible for within a district. The current budget for the district if 55,400,000 including the city's contribution of 5710,000. The net bonds for the assessment district is $4,700,000. Hammond said the staff would like to set the resolution passed as a first step. Subsequent to adopting the resolution, there will be a public hearing, which is scheduled for December 30, 1986, at 5 p.m. Hammond said the task force feels this date may be a good date for getting out-of-town owners to the public hearing. The staff and task force will present the plans, will have copies of the assessment roles. Hammond told Council the assessment itself will be the subject of a separate public hearing later in the process. Hammond said in the capital budget hearings, the 9 REGULAR MEETING - ASPEN CITY COUNCIL NOVEMBER 24 , 1986 Council indicated support for the lodge improvement district. Hammond told Council there will be ordinance before Council to create the district. Jeff Winston, consultant, presented some plans of the district and noted there have been changes to reduce the budget. They have reduced sidewalks to one side of the street in some outlying areas, having reduced the amount of planting and requirement for irrigation, have eliminated most of the planters, some of the street trees at the east end of the district have been removed, the specialty pavers have been removed and been replaced with textured concrete and brick bands. The specialty treatment of the intersections has been removed, and the pedestrian paths will be all asphalt; the curb and gutter system has been simplified. Winston said the objectives of this district were to improve pedestrian quality and one of the key components of the plan is wide sidewalks. These are on the north side of the street so they get sun and are easily accessible. Both angle and parallel parking have been retained. Connections through the area have been made f or pedestrians. The circulation has been cleaned up and clarified. Winston showed one of the concepts, which are wonnerf streets, allowing pedestrian and car mixtures in certain areas. Winston told Council the Aspen Skiing Company, as part of their hotel project, has committed to complete their area. RFTA will improve Rubey park in a compatible design. Mayor Stirling asked if the lighting f fixtures will be consistent with the 1 fighting program in the commercial core. Winston said the lights will be compatible but not the same as the lodge area has a different character. Mayor Stirling asked if any parking is lost in this program. Ron Thompson, Schmeusre, said 20 parking may be lost. Winston showed the areas where utility lines will be undergrounded. Councilman Isaac said Council received a letter from one committee member stating the plan had been cut down so much he could not longer support it and asked for comments. Winston answered the essence of what the district started out to be still exists. There will be significant pedestrian improvements, the lighting will improve, the parking will be cleaned up. Hammond said the consensus of the task force was that there was a number of functional improvements that were key to the district, replace paving, provide additional sidewalks, increase pedestrian capability. It was important to the task f orce in selling this district to keep the costs in control. Molly Campbell, task force member, said this is a good program that is sellable. Ms. Campbell said a Cadillac program may not be viewed as necessary or sellable. 10 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24 j 1986 Jim Pavisha, task force member, pointed out there is not a maintenance vehicle in place to take care of these imrpvoements. Having a lot of extra improvements and not knowing how these will be maintained would be a mistake. Pavisha said it is imperative that the task f orce be able to continue to r ev i ew the expenditures in any reallocation of funds based on the preliminary budget and that this not be turned entirely over to staff. Councilman Collins asked how much of the district budge is construction. Hammond said about $3,000,000; there are a number of estimates at thi s stage that may be considered contingencies but are important at this conceptual stage. There is a 7 percent design and survey fee, a 3 percent construction management fee, about $200,000 for acquisition of easements. Hammond told Council the budget includes $250,000 for a contribution to a solution for Aspen mountain drainage. Hammond said staff asked the city to contribute 5600,000 to solve the mountain's drainage problem, which has been dropped from Council's contribution to the project. The district is concerned about drainage as an issue and included an estimate in the budget for drainage to be used if matching funds and an agreement between the city, county ,and Ski Company can be reached. Hammond said expenses to date are $110,000 and bond costs of $550,000 have been included in the budget. Included in the construction costs are a 25 percent contingency, which staff feels at this conceptual stage is an appropriate contingency. Hammond said the task f orce would like an opportunity to look at this contingency in the process to increase the improvement or to rebate the assessed property owners if contingency is still available Hammond said in the absence of construction drawings or bids on the project, this cushion is needed. Hammond said staff would like a conceptual commitment of approval of 5710,000. Hammond said if the city finances this, the net contribution needed is 5710,000. Hammond told Council the improvements will be phased and they will attempt to impact the district in sections. Hammond told Council the bond proceeds have to be spent within a 3 year period. Hammond said staff will bid this project with construction in the shoulder seasons as alternate because there may be a premium in limiting construction to that extent. Hammond said they will try to schedule the least disruptive work during the high season. Councilman Isaac moved to approve Resolution #23, Series of 1986; seconded by Councilwoman Walls. All in favor, motion carried. SNOW SCULPTURE REPORT 11 REGULAR MEETING ASPEN_ CITY COUNCIL NOVEMBER 24 , 198 City Manager Anderson said as a result of Mayor Stirling and some community members visit to Sapporo, Japan, and to the snow sculptures there was an offer from the Japanese to sponsor some Japanese technicians to help Aspen build some snow sculptures. Anderson said a committee of staff, the Ski Company and ARA addressed whether these sculptures were something they wanted to pursue or not. The committee looked at cost, scale, design and decided on a single sculptural piece with perhaps some smaller pieces done on a competition basis. Anderson said this sculpture will be done in conjunction with the 40th anniversary of the Skiing Company and the celebration of downhill skiing in Aspen. Anderson said if the community wants to take on this task, they will need to house 6 or 7 Japanese technicians from the middle of December to early January. Anderson said the Japanese expenses will be paid by a japanese sponsor. Anderson said there may be a quid pro quo appropriate in the future. Anderson said 20 volunteers will be needed, material to make f orms f or the snow sculpture, scaffolding and equipment, as well as snow. The location the committee has picked is Wagner park. Anderson said the snow will either have to be hauled to the site or made with the Skiing Company's equipment. The committee has discussed both hauling the snow made f rom the mountain to Wagner park, as well as making on site. Anderson told Council this will cost around $5,000 in addition to volunteer time and equipment costs. Anderson is requesting a 53,000 contribution from Council and hopes that the ARA can find 52,000 for this project. Anderson said it will be feasible to house the Japanese staf f at the Red Roof inn . The ARA will provide maid staff. The Skiing Company will offer ski tickets to volunteers if other thinks, like golf tickets or pool tickets will be offered. Jeanette Darnauer, Aspen Skiing Company, said the original proposal was to have this sculpture built for the Winterskol celebration. It is being put up early to coincide with the Ski Company's 40th anniversary celebration, which is a community celebration of the skiing. Mayor Stirling agreed this is an important event, and anything that will be unique will add to it. Mayor Stirling said the city ought to support this project as much as possible. Mayor Stirling suggested the schools be asked to volunteer work on the sculpture. Mayor Stirling said Aspen does not have a formal commitment for a sister city in Japan, this is another step towards affiliation. Councilman Isaac moved that Council support the snow sculpture program up to 53,000 out of the 1987 contingency fund and authorize the city manager to donate the Red Roof inn for the Japanese delegation and expedite the program; seconded by Councilman Collins. Anderson said the 53,000 does not include l2 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24, 1986 city staff time and equipment. Council requested a f ull report at the December 8 Council meeting. All in favor, motion carried. Jeanette Darnaeur, Skiing Company, requested Council approval of their banner for the 40th anniversary as they are non a non- profit organization. Bob Anderson ,city manager, said the Skiing Company may be sponsoring this event; however, it is a celebration of skiing in Aspen and a broader event. Councilwoman Walls moved to make an exception to the non-profit rule and allow the banner to be hung because this is a community celebration; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #56. SERIES OF 1986 - Fur Legislation Councilwoman Walls proposed to amendments, one to remove the criminal penalty from a violation and substitute a penalty of a fine not exceeding $300.00. The other amendment is to change the definition of a steel jaw leghold trap to comply with what Congress is considering in proposed legislation. Councilwoman Walls moved to read Ordinance #56, series of 1986, as amended; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #56 (Series of 1986) AN ORDINANCE ENACTING SECTION 13-101 TO THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, PROHIBITING THE SALE OF FURS, WASTE FURS, FUR PRODUCTS AND USED FURS OBTAINED THROUGH THE USE OF STEEL-JAWED LEGHOLD TRAPS AND PRESCRIBING A PENALTY OF A FINE NOT EXCEEDING 5300.00 FOR A VIOLATION THEREOF was read by the city clerk Councilwoman Walls moved to adopt Ordinance #56, Series of 1986, on first reading, as amended; seconded by Councilman Collins. Councilman Isaac said he does not see that the city can administer this and is opposed to this legislation. Councilwoman Walls said the electorate voted in favor of this legislation, the Council is morally obligated to do it. Roll call vote; Councilmembers Isaac, no; Walls, yes; Collins, yes;s Mayor Stirling, yes. Motion carried. ORDINANCE #57. SERIES OF 1986 - Adopting 1985 Uniform Fire Code 13 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24, 1986. Councilman Collins moved to read Ordinance #57, Series of 2198; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE 357 (Series of 1986) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM F IRE CODE, 1985 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH was read by the city clerk Councilwoman Walls moved to adopt Ordinance #57, Series of 1986, on first reading; seconded by Councilman Collins. Wayne Vandemark, fire marshal, told Council the city's adopted fire code is the 1976 edition. There have been changes in technical construction as well and life and safety devices in buildings. Vandemark said staff recommends adopting the 1985 fire code. Roll call vote; Councilmembers Walls, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. DOWNTOWN DEVELOPMENT AUTHORITY Councilman Isaac moved to table this item until December 8, 1986; seconded by Councilman Collins. All in favor, motion carried. COMMUNITY SERVICE AGREEMENT Councilman Isaac moved to table this until December 8, 1986; seconded by Councilwoman Walls. All in favor, motion carried. GMP EXTENSION - Carriage House Alan Richman, planning director, told Council this is a request for a GMP extension essentially caused because the requirement in the uniform building code and that in the zoning code are different from each. Richman told Council this was done purposefully; however, it has turned out to be an unwise decision in terms of clarity. Richman said the city is in the process of revising the code and make the zoning and building codes work together, and this applicant should not be penalized. Richman recommended granting this extension for 180 days. Councilman Collins moved to grant an extension of 180 days to the Carriage House; seconded by Councilman Isaac. All in favor, motion carried. 14 REGULAR MEETING ASPEN CITY COUNCIL 1~OVEMBER 24. 1986 ORDINANCE #59. SERIES OF 1986 - Short Term Note - Little Cloud Councilman Collins moved to read Ordinance #59,m Series of 1986; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #59 (Series of 1986) AN ORDINANCE AUTHORIZING THE BORROWING OF THE SUM OF $220,000 IN THE 1987 FISCAL YEAR IN ANTICIPATION OF THE COLLECTION OF TAXES OR OTHER REVENUES FOR THE PURPOSE OF FINANCING THE ACQUIS IT ION OR OPEN SPACE AND AUTHORIZING THE ISSUANCE OF A SHORT-TERM NOTE TO EVIDENCE THE AMOUNT SO BORROWED was read by the city clerk Councilman Collins moved to adopt Ordinance #59, Series of 1986, on first reading; seconded by Councilwoman Walls. Craig Overbeck, assistant finance director, said this ordinance renews the note on the Little Cloud property with the First National Bank . Th i s property was purchased in May 1985 . Overbeck told Council the appropriated $40,000 towards the repay the principle. The city has received favorable interest and has been able to save $20,000 of budgeted interest, which has been applied to the principle. This ordinance is to borrow $220,000 and the interest rate is 4.25 percent below the bank's base rate of 10.5. Roll call vote; Councilmembers Walls, yes; Collins, yes; Isaac, yes; riayor Stirling, yes. Motion carried. ORDINANCE #58, SERIES OF 1986 - appropriations Councilman Collins moved to read Ordinance #58, Series of 1986; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #58 (Series of 1986) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $37,700; APPROPRIATING GENERAL FUND EXPENDITURES OF $95,200; TRANSFERRING $2,000 FROM THE GENERAL FUND TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING $4,000 FROM THE GENERAL FUND TO THE ICE GARDEN FUND; TRANSFERRING $115,000 FROM THE GENERAL FUND TO THE LODGE IMPROVEMENT DISTRICT FUND; RECOGNIZING LAND .FUND REVENUE OF $110,000; APPROPRIATING LAND FUND EXPENDITURES OF $110,000; TRANSFERRING $4,000 FROM THE LAND FUND TO THE GENERAL FUND; TRANSFERRING $100,000 FROM THE LAND FUND 15 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24 , 198 TO THE WHEELER TRANSFER TA FUND; TRANSFERRING $15,000 FROM THE LAND FUND TO THE 1985 SALES TAX REFUNDING DEBT SERVICE FUND; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $28,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $28,000; RECOGNIZING ASSET REPLACEMENT FUND REVENUE OF $302,650; APPRORPIAITNG ASSET REPLACEMENT FUND EXPENDITURES OF $ 3 0 2 , 6 5 0 ; TRANSFERRING $3,000 FROM THE WATER FUND TO THE GENERAL FUND; RECOGNIZING GOLF COURSE FUND REVENUES OF $10,000; APPROPRIATING GOLF COURSE FUND EXPENSES OF $10,000; TRANSFERRING $27,000 FROM THE EMPLOYEE RETIREMENT FUND TO THE GENERAL FUND; APPROPRIATING LODGE IMPROVEMENT DISTRICT FUND EXPENDITURES OF $21,800 was read by the city clerk Councilman Collins moved to adopt Ordinance #58, Series of 1986, seconded by Councilwoman Walls. Dallas Everhart, budget director, pointed out there are 3 staff memoranda attached explaining why appropriating revenue and expense in each department; police, planning, and golf. Cindy Shafer, finance director, told Council in these 3 departments their budget will be in excess of the approved budget; however, revenues are also in excess to cover these expenses. Staff wanted Council to be aware of these as they were not discussed previously. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Mayor Stirling, yes. Motion carried. BOARD AND COMMISSION APPOINTMENTS Mayor Stirling moved to reappoint Francis Whitaker, Charles Paterson and Anne Austin to the Board of Adjustment, to reappoint Katherine Reppa and Sy Coleman to the Clean Air Advisory Board, to appoint Mary Martin as a regular member of the Historic Preservation Commission; seconded by Councilman Collins. All in favor, motion carried. Council scheduled the interviews for HPC, CCLC and Grassroots Board for January 19th at 5:00 p.m. CAPITAL IMPROVEMENT FU NDIiJG REPORT Mayor Stirling said there is a community meeting Wednesday, November 26 at 11 a.m. with ARA, county, school board, M.A.A., to discuss additional revenues f or large projects. Mayor Stirling said Council has to discuss and analyze the recreation complex proposal. Councilwoman Walls said she feels the recreation center should not be a city project but should be a community 16 REGULAR MEETING _ _ ASPEN CITY COUNCIL. NOVEMBER 24 . 198 project involving the school board and the county funding. Councilwoman Walls said the city cannot do this project without tying it into to an 8th penny sales tax and putting the entire question to the electorate. City Manager Anderson pointed out exhibit C to this report illustrates what happens to the capital improvement program if the community wants a recreation f acility as well as a performing arts center. Mayor Stirling suggested tabling this until after the community meeting Wednesday. Mayor Stirling said he is not interested in a sales tax for facilities that would be mainly used by locals. Councilwoman Walls said this facility would give tourists something to do besides ski. Mayor Stirling said a sales tax is one that everyone pays equally no matter what their income is and as a major source of income for these types of facilities is not equitable. Mayor Stirling said the Council has some choices to make for the funds available. Mayor Stirling said the outdoor rink is a good idea and the type of facility that will attract tourists and should be located downtown. Council requested the capital improvement plan be put on the December 15th Council agenda. Anderson said one of the reason the city is being asked to sponsor a recreation complex is because of the city's access to an 8th penny sales tax. The other boards and districts would have to fund this with increased property taxes. Councilmembers Isaac and Walls said they would be interested in pursing an 8th penny sales tax to fund capital improvements; Councilman Collins and Mayor Stirling said they are not. CITY MANAGER' S HOUSE City Manager Bob Anderson reported to Council in getting a mortgage, he needs a purchase contract with the city as part of the documentation. Anderson told Council he anticipates using the same contract as other employees for other units. The purchase price is $189,500. Anderson said he has discussed a short term lease; however, he is recommending the lease be extended until the contract negotiations are complete and that the lease payments be increased due to the improvements to the house. Anderson recommended $545.24 twice a month as payments based on the improvements. Anderson told Council the city is not making about 6 percent per month on that, so the payments were increased to 7 percent so that the city is getting more from the lease than the interest it is losing. Anderson said he has been able to get more down payment money and rather than ask 15 percent second mortgage, he is asking for a second mortgage in total 10 percent plus $3500 for origination fees, etc. Anderson proposed a 12 1/ 2 year term f or the second mortgage, which will give the city more money more immediately. 17 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 24 , 198 Councilwoman Walls moved to extend the city manager's lease until necessary; seconded by Councilman Isaac. All in favor, motion carried. Councilman Collins moved to instruct the city attorney to draw up a purchase contract for the City Manager based on the other contracts and at a purchase price of 5189,500; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Walls moved to approve a second mortgage of 522,500 based on an interest rate of 1.35 percentage points more than the one year treasure bill rate, adjusted annually, with limits of 2 percent increase pre year, or 6 percent for the life of the loan, for 12 1/2 years with no more than 53,600 for mortgage points, appraisals and other closing costs; seconded by Councilma n Collins. All in favor, motion carried. 1986 QUARTERLY FINANCE PERFORMANCE REPORT Cindy Shafer, finance director, told Council this reports shows where the city is at after 9 months. Ms. Shafer said this report Council all items Council has seen. Councilman Isaac moved to table this to December 15, 1986; seconded by Councilman Collins. All in favor, motion carried. Councilman Isaac moved to approve the consent agenda; seconded by Councilwoman Walls. The consent agenda is Liquor License renewals - Little Annie's; Great Western Spirit Company; Country Road; Guido's; Hibachi; Pinocchio's; Liquor License Transfer- Miguel's Tacos. All in favor, motion carried. Councilman Isaac moved to have the regular Council meeting in December on December 8 and 15, 1986; seconded by Councilwoman Walls. All in favor, motion carried. Councilwoman Wall s moved to adjourn at 8: 50 p.m; seconded by Councilman Isaac. All in favor, motion carried. ~. ~ _____ Kathryn S Koch, City Clerk 18