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HomeMy WebLinkAboutminutes.council.19861208Regular rieetinq Aspen City Council - December 8. 1986 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Walls, Fallin and Collins present. SCHEDULED PUBLIC APPEARANCES 1. Roby Albouy, liaison Sister City Committee, introduced Christine and Richard from Chamonix in Aspen on an exchange program as ski instructors. There are two Aspen ski instructors in Chamonix on exchange for the winter. 2. City Manager Bob Anderson introduced two representatives of the Japanese delegation here to help the city with the snow sculptures. Beau Washington showed a film of the ice sculptures in Japan and how they are made. The Japanese delegation will help the city, Skiing Company and volunteers in making snow sculptures in Wagner Park for the Skiing Company's 40th anniversary as well as for Winterskol. 3. City's representative report on RFTA. Dwight Shellman told Council he feel the TDP was money well spent. There are both good and not so good recommendations in the report. The RFTA Board will have to determine which are which. Shellman said RFTA should come back to Council with specific implementing recommendations. Shellman told Council RFTA has about $1,000,000 surplus developed over the early years. There are substantial funds earmarked for capital improvements. However, the surpluses have been absorbed, and this year RFTA was faced with a deficit budget. Shellman said it appears the Ski Company contract may be costing the transportation system as much as 5100,000 a year. Shellman said RFTA's capital budget contains capital subsidy to buy the Ski Company new buses of $1,650,000 over the next 10 years. Shellman said he does not f eel RFTA should provide subsidy to a company in the private sector who is reporting profits. Shellman said the Ski Company should provide capital f or their own buses. Shellman told Council one reason to preserve capital costs is a recommendation from the TDP for a gondola between Aspen and Snowmass. Shellman said he would like to see RFTA incorporate budgeting for cost f easibilities on this gondola system. Another possibility in the TDP is the bus priority, allowing the buses to use the shoulder system on Highway 82 between the airport and town. Shellman said it is important that everyone know what it costs to transport the Ski Company passengers. That money can be diverted into revenue bonding for a transit system. Shellman said one of the major issues he has been charged with is small buses for the city routes. Shellman's position is that he would require small buses in the city now; there is the surplus to do this now. Shellman said he has been insisting RFTA include 1 Regular Meeting Aspen City Council December 8. 1986 major f unds to retrofit the buses for air pollution. RFTA has a commitment for $70,000 for three years to retrofit the neoplan buses. Shellman said these are not the buses that run in t he city, and these need to be retrofitted. Shellman told Council if RFTA does not commit public f unds to subsidize the private sector, there may be funds available to begin design or perhaps construction of parking facilities at Bell mountain and the Rio Grande. Shellman said these issues all help Council reach their objectives and to continue t o improve the program. Shellman said Rubey park needs bathrooms, and a modestly enlarged waiting area. Shellman said he has not seen justification for the proposed $285,000 budget for Rubey park. What needs to be done can be done f or less money. Councilman Isaac said he would like to see porta potties installed so that people are not using facilities of private businesses. CITIZENS COMMENTS 1. Joyce Noel said she had discussed with staff bringing a carriage concession to town and using the stable behind the courthouse. Ms. Noel said staff told her there is a lease for these stables with a concessionaire. Ms. Noel said she would be intereste d in bringing carriages to town. Mayor Stirling said the city has a lease f or these stables that is in operation and ref erred Ms. Noel to the city manager. Ms. Noel said the present lessee is not allowing the public use to the stables and has not been paying his rent. 2. Jim Hall said he was not present at the October 28, 1986, Council meeting when Council adopted Resolution 39, where the city withdrew from a lawsuit about property near the golf course. Hall said he would have liked to be able to provide any additional information and answer questions. Councilwoman Fallin moved to put this on the December 15, 1986, Council meeting; seconded by Councilman Isaac. City Attorney Taddune told Council the stipulation for dismissal has been executed, pursuant to approval of Resolution 39, 1986. Hall said he would like Council to hear his views on this issue. All in favor, motion carried. 3. Marty Stouffer said various air pollution problems in Aspen have been discussed. Stouffer said the city had replaced the dirt on the streets with a substance that was washed. Stouffer said testing proved this was not very washed and the result is dust storms in between snow storms. Stouffer said he has not been able to find any answers to his questions about sanding the streets. Stouffer said he feels the city can do with less sand ing and a cleaner material. The health and aesthetic 2 Regular Meeting Aspen Ci~_Council December 8. 198 benefits warrant this being followed up on. Councilwoman Walls said several years ago, the city, RFTA and the state were using 3 different materials. The city has taken over sanding Main street and RFTA uses washed material. Councilwoman Walls said the city cannot stop sanding the streets, it could be too dangerous. Council asked staff to look into materials used for sanding and report back to Council. Georgie Leighton asked why the city is still dumping this material back into the river. COUNCILMEMBER COMMENTS 1. Councilman Isaac said the Colorado PUC is evaluating whether to stop bus service to Colorado. Councilman Isaac said it might be appropriate for Council to send a letter saying it would be harmful to Aspen to stop this service. Council agreed and asked staf f to draft a letter . 2. Mayor Stirling said Council has a meeting December 9 at 5 p.m. with the County Commissioners. December 10 at 5 p.m. there is a study session on Code simplification. There is a Sister City meeting on December 11. There is a Colorado Association of Ski Towns Dinner in Aspen December 11 at 7 p.m. 3. Mayor Stirling said Council is proclaiming December 15 through December 22 Clean Air Week in Aspen. Mayor Stirling read the proclamation. ORDINANCE #38, SERIES OF 1986 - Williams Addition Annexation Assistant City Manager Mitchell reminded Council this has been tabled because of the superf and site situation. Mitchell said it is not any clearer now what the city's exposure would be in annexation. Mitchell said Council will have to decide w Nether they want to move ahead with annexation. Mitchell recommended the city move ahead with the annexation as this area is needed to do further annexation. The city attorney's office feels there is a potential for liability. Mitchell told Council in Williams addition there is only one dirt alley. If the city were required to pave the alley, it would cost about $6,000. Mayor Stirling opened the public hearing. 1. Jon Busch, resident of William Addition, said he would like to see this annexation move ahead. There is only a one block alley. It is a small area and the city's exposure would be quite limited. Busch said resolution of the superf and area could go on for years. City Attorney Taddune said Council tabled this to give staff the opportunity to analyze whether the presently designated principle 3 Regular Meeting AspenCt~Council December 8. 198 parties were close to settlement. Taddune told Council the EPA is interested in recouping about $300,000 in oversight costs. Taddune told Council except for these costs, all the parties had contributed and a settlement was imminent. The strategy now is to drag as many people into the number of potentially responsible parties to get funds or assistance. Taddune said the EPA is now interested in reviving the negotiations. Taddune said no matter how much a party was involved, they can get dragged into a complicated and costly proceeding. Taddune said the EPA would be looking at the city as a funding source. Taddune said he feels it would be in the city's best interest to continue this ordinance until the parties involved are close to settlement. Tom Dunlop, environmental health department, said the cost of the settlement agreement is unresolved. Dunlop told Council the list of potentially responsible parties is continually changing and names are being added. The EPA is looking for as many responsible parties to add to the list. Dunlop said if the city is put in that position simply by owning half a block, progressing with the annexation at this point is not recommended. Dunlop recommended the ordinance be tabled until January 1987. Councilwoman Walls moved to table Ordinance #38, Series of 1986, until January 26, 1987; seconded by Councilman Collins. All in favor, with the exception of Councilman Isaac. Motion carried. ORDINANCE #56. SERIES OF 1986 - Fur Legislation Mayor Stirling opened the public hearing. Mayor Stirling said the electorate in June 1986 supported this code amendment against the sale of furs trapped by certain methods. Councilwoman Walls moved to adopt Ordinance #56, Series of 1986, on second reading; seconded by Councilwoman Fallin. Mayor Stirling asked if this reflects the changes made at first reading. City Attorney Taddune said all changes have been made in the ordinance. Councilman Collins asked if this ordinance conflicts with the state statute in any way. Taddune told Council Aspen is charting new ground in this ordinance and may be the first municipality to enact legislation of this type. Taddune said it is not uncommon in the state or national level. Taddune told Council it is possible the state will take the position they have pre-empted the area of wildlife preservation, and this ordinance is in contradiction of that. Councilman Isaac said he agrees with the purpose of this ordinance but does not see that the city will be able to fairly administer the ordinance. Mayor Stirling said this is not an enforcement issue; the electorate voted on this issue and they 4 Regular Meeting AspenCity Council December 8, 1986 trust that citizens will comply with the law. Councilwoman Walls said this ordinance will be enforced on a complaint basis. Mayor Stirling closed the public hearing. Roll call vote; Councilmembers Isaac, no; Fallin, yes; Collins, no; Walls, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #54, SERIES OF 1986 - Utility Connect Charges Cindy Shafer, Finance Director, reminded Council the city has been discussing a need f or a revenue increase of 40 percent in the water fund based on the 1986 budget level. Also, the actual 1986 revenues are going to be less than the 1986 budget level f or many reasons, such as a wet season, people transferring to meters. etc. Ms. Shafer told Council the city needs $1,927,000 in 1987 in monthly fees, with no tap fee increase to break even. Comparing that to 1985 revenues plus 20 percent, indicate s the revenues need to be increased $388,000 or 27.6 percent of an additional increase. Ms. Shafer told Council if this tap fee increase is approved, the water rate will have to be a 22.4 percent. Ms. Shafer reminded Council they had asked about refunding the waters bond. Extending the life of these bonds 10 to 15 years will be very costly. Another alternative would be to extend the life of the bonds 1-1/2 years. This would reduce the debt for the next 4 years about $250,000 per year, keep the other years at the current level and add 1 year to the bonds. This would address the immediate concerns; however, a major drawback is that it would alleviate the problem f or 4 years but a rate increase would still be needed in 1991. If the city refunded the bonds now, they would not have the option to do it later. Ms. Shafer said a main concern about extending the bonds 10 or 15 years is that the city may want to do water system improvements and would not be abl e to . Mayor Stirling opened the public hearing. Bob Smith said he feels the tap fees are excessive right now, without an increase. Smith suggested the tap fees be raised at the inflation rate, rather than 20 percent at a time. Jim Markalunas, water department director, said the tap fees are set up on the basis that growth pays its own way. It costs money to provide service as well as fire protection to areas around Aspen. Mayor Stirling said it is expensive for water in Aspen; however, there is savings in home owners insurance as a result of improvements to the water system and fire protection. Mayor Stirling said he does not feel the city should pass all the charges of improving the water system on to the customers. Mayor 5 Regular Meetna__ Aspen Citv Council December 8. 198 Stirling said when there are such substantial capital imrpvoements, the city may have to subsidize the fund for awhile to make it affordable for the users. Councilman Collins said when the voters approved the bond issue, it was known there would be water rate and tap f ee i nc r ea se s . Councilman Collins asked if all the tap fees had been instated. Ms. Shafer said the fee increases were not part of the ballot question. It was discussed there would be five 10 percent increases in monthly rates and four 20 percent increases in the tap fees. The city has instated two of the tap fees. Councilman Collins said the plan was to pay 60 percent of the debt service out of tap fees. Councilman Collins said on a $1,500,000 debt service, 60 percent is $900,000. The city only generated over 5300,000 in tap fees, which left a short fall of $600,000 to be made up out of monthly charges. Councilman Collins pointed out raising tap fees an additional revenue of $64,000 a year is only addressing 10 percent of the problem. Councilman Collins asked where the city is in the proposed monthly increases. Ms. Shafer said 5 increases were originally projected ; after the f i r st 2 increases, the situations in the water fund caused the projections to change. The city has done five 10 percent increases and most recently a 20 percent increase. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #54, Series of 1986, on second reading; seconded by Councilwoman Fallin. Councilman Isaac said he does not like increases tap fees; however, if they are not increased, it will put more burden on the monthly fees or the money will have to come out of the general fund to make up the budget. Tap fees does put the burden growth that is occurring. Mayor Stirling said if the city refunds the bonds and reduces the general fund by 5 percent, this will generate 5450,000. Roll call vote; Councilmembers Collins, no; Fallin, yes; Isaac, yes; Walls, yes; Mayor Stirling, no. Motion carried. ORDINANCE #58, SERIES OF 1986 - Appropriations Cindy Shafer, finance director, said there are a number of departments to appropriate both revenues and expenditures, planning, police and golf course. The other items in this appropriate ordinance are telephone fees of 535,000, expenses on the Red Roof Inns. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. 6 Regular Meeting, Aspen City Council December 8, 1986 Councilwoman Walls moved to adopt Ordinance #58, Series of 1986, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Fallin, yes; Collins, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #59, SERIES OF 1986 - Short Term Note - Little Cloud Mayor Pro Tem Walls opened the public hearing. There were no comments. Mayor Pro Tem Walls closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #59, Series of 1986, on second reading; seconded by Councilman Isaac. Cindy Shafer, finance director, told Council the city acquired the Little Cloud property in April 1985 for 5280,000. There was a short term note with the First National Bank because the city was trying to incorporate this into a capital improvement program. Those issues have still not been settled. Ms. Shafer told Council the city has paid off 560,000 of principle in 1986, and recommends the city continue with this short term note. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Isaac, yes; Walls, yes; Mayor Stirling, yes. Motion carried. CONCEPTUAL SPA - Roaring Fork Railroad Resolution #40, 1987 Steve Burstein, planning office, presented the resolution with changes made by c ity Council . In f inding 2 c ) "to identify secondary effects" was added as part of the essential community facilities exemption. Finding 2d) added Roaring Fork Railroa d station components. In the first two conditions the last sentence, referring to information that is difficult to quantify, has been deleted. Conditions 4 include s the land use options that will be displaced. Condition 5 added studying the proposed Denver International Airport. In condition 7 appropriate public entities was added. The staff reworded the condition regarding a noise contour map. Tom Baker, planning office, told Council the applicant was concerned that this condition may require something country-wide that was not necessary. Baker said it would be appropriate to change this to "city-wide" and to have this evaluated by the City Council. Baker said this will require a noise contour map all the way to the Slaughterhouse bridge. Baker proposed a new condition 12 to cover the railroad network into the Creektree parcel. The Creektree parcel was overlooked in the original resolution. Burstein pointed out that condition 22 is restated to identify safety requirements affecting the train within the city. A sentence was deleted from condition 24 7 Reaul ar Meetina Ashen City Council December 8. 1986 and added as condition 25, which is the option f or dealing with the affected properties in the case the rail road discontinues. Sunny Vann, representing the applicant, said the applicant understood they would provide sufficient guarantees to have the project area restored, or give some provision f or the retention of the facilities if the community desired to use the rail for transit facilities. Vann said the details remain to be worked out on whether or not all assets would be transferred in their entirety or there would be some compensation for capital investment Vann said this condition implies the city gets the money or f fixed assets. Vann said he would 1 ike the flexibility to discuss this as part of the detailed submission. Vann said he would rather have this condition address the concept and be able to work out the specifics. Councilman Isaac said the applicant has time to come up with a plan. Vann said he would like Council to recognize they will allow the applicants to come back and deviate in some of these conditions. Councilman Isaac said he does not want to preclude the city from being able to take over the property if the applicant doesn't continue in operation. Mayor Stirling said this condition indicates unless the assets are transferred to the city, it could kill the application. Councilman Collins agreed he would like to see this language less structured and let the applicant develop this at preliminary. Councilman Collins suggested changing "shall provide for" to read an agreement which may include but not be 1 invited to the following. Vann said Council will not be approving the precise plan unless there terms are agreeable to them. Councilman Collins moved to change the language in condition 25 to read "an agreement may provide for"; seconded by Councilman Isaac. Mayor Stirling said he is concerned about not being precise enough. The applicants need some sense of reliance on what the Council will and will not accept. Vann said the record reflects the city is concerned about the ability to use the facility if the rail road falters. All in favor, motion carried. Burstein read the new condition 26, "City electorate authorization for City Council to grant Rio Grande right-of-way, Shapery property and Rio Grande property for use by the Roaring Fork Railroad shall expire if construction is not commenced on or before January 1, 1992". Burstein recommended the resolution be adopted with the changes outlined. Remo Lavagnino told Council he feels there are legal constraints on the Creektree parcel that require special consideration, and these should have a condition separate from including the Creektree property in other conditions. 8 Regul-ar-Meeting Aspen City Council December 8, 1986 Councilwoman Walls moved to approve Resolution #40, Series of 1986, as amended including the Creektree property in condition 12; seconded by Councilman Isaac. All in favor, motion carried. AIR QUALITY REPORT Lee Cassin, environmental health department, reported on programs the staff has planned for Clean Air week and asked for any suggestions. Ms. Cassin said staff has planned a different event everyday to cover woodburning and auto disincentive. RFTA is going to do an newspaper add on "Ride a Bus Day", there will be a demonstration on how to build a fire, a demonstration on inversion monitoring equipment, ride a bike, walk, carpool day. Ms Cassin told Council she was able to get the hardware stores to offer a discount on tarps to cover f firewood to peopl e who attend a seminar on proper storage of firewood. Mayor Stirling said it is important that Councilmembers try to be present f or as many events as possible during the week. Ms. Cassin told Council the voluntary clean air program for the winter will focus on no morning burns and no burns during inversion time. Ms. Cassin said staff f eels two brochures are needed; one for tourists and one for residents. Ms. Cassin said the brochures for residents will be sent out with business licenses and food tax rebates. Ms. Cassin said they plan on tent cards and small brochures for tourists in lodge room. RFTA has agreed to make these available also. Al Margolis suggested the city having a page on Grassroots community calendar for these events as well as other city events. Ms. Cassin requested more money from Council for the brochures and tent cards. The environmental health department has 5700 in their budget to do half a wood burning brochure and half a brochure to explain the no smoking ordinance. Ms. Cassin said they would nee d a n additional 5580 to do the woodburning brochure only and not do the smoking brochure. Councilwoman Walls said the no smoking informational brochure should not be eliminated. Ms. Cassin said they would then need 5930 more for both brochures. Councilman Isaac moved to appropriate up to 51,000 to print both these brochures out of the 1986 or 1987 contingency f und, whichever is appropriate; seconded by Councilwoman Walls. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Volk Building (Councilwoman Fallin left the room due to conflict of interest) Elyse Elliott, engineering department, said the applicant is requesting two encroachments. One is for a gas meter in the alley, taking up about 2 feet square area, and one f or 6 awnings 9 Regular Meeting Aspen Citv Council December 8. 1986 over the windows. Ms. Elliott recommended approval of this encroachment. Councilman Isaac moved to approve the encroachment f or the Volk building f or awnings and the qas meter; seconded by Councilman Collins. All in favor, motion carried. RESOLUTIaN #42. Series OF 1986 - GMP Allocation L-3 Brass Bed (Councilwoman Wall s 1 of t due to conf 1 ict of interest) . Alan Richman, planning director, told Council this is an application for reconstruction and redevelopment of the Brass Bed, 926 East Durant. The proposal is to demolish the structure and to replace it with 13,000 square feet, at l:l FAR, and an increase of 9 units for a total of 29 tourist units and 2 employee units on s ite . The project was scored by P & Z and was well above the threshold. This is the only application submitted in the L-3 category. Richman reminded Council this is the fourth year there has been a quota available in the L-3 zone, which is a 10 unit quota. There have been a total of 40 units available. There have been 4 projects in the L-3 zone for total of 34 units. Four units were borrowed from this year's quota in last year's competition, leaving 6 units available for this year's quota. The applicant is requesting 3 units from next year's quota. Richman told Council both P & Z and the planning office recommend allocating 3 units from next year. Richman said this is a high quality project, and there is no purpose served in making the project compete again next year. Richman told Council it is not possible for this project to be phased. Richman said when the L-3 quota was adopted at 10 units, it was intended for small expansions in the zone district. Richman said the 10 units should be set flexibly to be able to borrow from the next year to accomplish some projects. Richman told Council Resolution #42, 1986, allocates 9 units and commits the applicants to the representations made in the application, and makes f findings why 3 units f rom 1987 should be allocated to the project. Mayor Stirling asked why the parking scores were so low. Richman said when P & Z scored the project, it provided 10 spaces for the 9 free market units and 1 employee unit, which meets code requirement. Richman said the problem he had with the parking solution is that currently there is a continuous curb cut along Durant with parking. The applicant is proposing to substantially upgrade the open space on the front of the site and upgrade the quality of the landscaping. It has been the policy of the staff when there is parking available on site, it should be replaced on site. Richman said there are about 4 spaces not designated as parking being used as parking. The 10 Regular--Meeting A-seen City Council December 8. 1986 project was scored below standard because these spaces were not being replaced. Richman told Council at the P & Z hearing, the applicant agreed to add another space on site. The argument was made to P & Z that by removing the curb cut on Durant and placing curb and gutter there, 3 or 4 spaces will be added to the street. Councilman Isaac asked about supplying handicap access to the building. Jack Walls, architect, told Council he has looked at various handicap accesses with ramps and the installation of an elevator. Councilwoman Fallin moved to approve Resolution #42, Series of 1986; seconded by Councilman Collins. All in favor, motion carried. GMP EXEMPTION - Employee Housing Brass Red Alan Richman, planning director, told Council there are two employee units proposed on site; one a reconstruction, one a new unit. These units are meeting the dormitory standard of 150 square f eet per person, which is typical f or lodge development. Richman said each unit has a small bathroom and kitchen and is quite satisfactory. These will be low income units. The housing authority and P & Z are recommending acceptance of both of these units. The reconstruction unit is an automatic exemption from GMP, and there is a request to exempt the new unit from GMP. Councilman Isaac moved to approve the growth management plan exemption; seconded by Councilwoman Fallin. All in favor, motion carried. COMMUNITY -SERVICE AGREEMENT FUNDING Assistant City Manager Mitchell reminded Council the community service funding agreement was developed two years ago. The agreement has a requirement that any of these groups are required to have public meetings when they discuss the specific use of city funds. Mitchell told Council staff is comfortable with the wording of that agreement. Dave Danforth said he brought this to Council's attention because he is not convinced that the public i s being all owed to know what is going on. Danforth said he feels the wording in the agreement is unenforceable. Danforth said the Aspen Resort Association is different from most groups to whom Council gives contributions. Danforth said the city has given $181,500 in cash and in-kinds services to the business of marketing. Danf orth said the public is often not in a position to know what is going on with that money and what is the resort association doing with that money. Danforth said he is seeking to have the ARA open their board meetings up to the public. Danforth said he would like Council 11 Regular Me~tina Aspen Citv Council December 8. 198 to put on record that Council would like any public to be able to walk into any board meetings of the ARA. Danforth said the ARA is very close to being a subdivision of the state or a marketing department of the city. Danforth said the price of secrecy is $181,000 and would like to know if the ARA is willing to pay that price. Mayor Stirling said the issue is whether Council wants to broaden the scope of its community service agreement. Spence Videon, ARA, told Council they have held every year public meetings on their budget, which has to be published prior to the adoption of the budget. Videon recommended to the ARA board that the budget committee meetings should be opened as well as meetings any time the ARA is discussing city funds. Videon said the city's contribution constitutes about 1/7th of the ARA's budget. The money f rom the city is f or event s that are clearly spelled out ; the visitor's center, which is accounted to the finance department of the city on a monthly basis; the Fourth of July, Coors Classic, central reservations, and the chamber affairs responsibilities. Videon told Council the rest of their budget comes from other sources. Councilwoman Fallin said she feels that any group that the city gives money to should have all their meetings open to the public. If people ask for taxpayers' money, they should operate under the state sunshine law. Mayor Stirling agreed with this. Councilwoman Fallin suggested Council consider an ordinance stating any groups that receive city money have to have open meetings . City Attorney Taddune said thi s woul d be similar to the approach the federal government uses to give money to the states. Money is given with the proviso the organization agrees to conditions of the Council. Councilman Collins said in any organization there are certain meetings that must be confidential in terms of strategy. Videon said the vast majority of the things the ARA does for the city, they do by specific contract. Videon said there are marketing decisions that are very proprietary. Videon said Council is trying to translate a different level of responsibility to the taxpayer, that Council has, to an organization that is funded 6/7ths by other types of contributions. The ARA is governed by by-laws, w hick the membership can change. Len Olender pointed out the ARA elects representatives from different segment of the community. Olender said Council should be careful setting policy for organizations in Aspen for what they can or cannot do with their membership. Councilwoman Fallin asked the attorney's office to look at drafting an ordinance which would tie contributions to the state sunshine law or to the city's open meeting law. Council requested this be brought back to Council at the January 26, 1987 12 Regular l~eetin4 -Aspen City Council December 8. 198 meeting. Councilman Isaac said he would like staff to solicit responses f rom other non-profit organizations in town. DOWNTOWN DEVELOPMENT AUTHORITY Assistant City Manager Mitchell said the next phase is the formation of an advisory committee which would involve all the taxing districts affected by a downtown authority. The state statutes require the city to advise the taxing districts w hich will be affected by this authority. Mitchell recommended forming this committee and over the next 45 days meet with them and then report back to Council. Mitchell said this committee could determine the concerns about a downtown authority and the support there is. Mitchell said Council would adopt a specific plan after the downtown development authority is formed by election and ordinance. The planning office has put together a detailed outline of the plan. Councilwoman Fallin said she is interested in going ahead with the committee to the next step. Councilman Isaac said he feels there are a lot of issues that need to be discussed by Council. Mitchell told Council if this downtown authority is going to be done , it shoul d be completed by the assessment change date in 1987. Mitchell said the main purpose of this district is to finance parking structures and traffic and pedestrian circulation improvements. Mitchell said if Council approves this process, he will get the advisory committee formed to meet on a weekly basis and report back to Council by February or March. Mitchell told Council there are eleven taxing districts affected, and he would ask members of these to sit on the committee, as well as the Ski Company, RFTA, lodge improvement district member. Councilwoman Fallin suggested meeting with the Board's chairma n of the taxing districts to explain what the city is trying to accomplish bef ore the advisory committee is formed. City Manager Bob Anderson said this would be an opportunity for the other taxing districts to get involved in the beginning. Anderson said the amount of impact on different agencies should be distinguished. Mitchell said the two major agencies are the school district and county. Councilwoman Walls pointed out these districts are also members of the community, and the benefits of the downtown development authority are to the benefit of the entire community. The city is only sponsoring these improvements. Councilwoman Fallin moved to direct staf f to continue proceeding with the formation of a downtown development authority, as indicate d in the work program in the memorandum dated November 17, 1986, including the plan from the planning off ice; seconded by Councilwoman Walls. 13 Regal-ar Me~etinc~ -Aspen City Council December S-. 1986 Mayor Stirling asked if the Council could be the downtown development authority, rather than setting up a separate entity. Mitchell answered that the statutes do not allow that. Bil Dunaway asked if this could overlap the lodge improvement district. City Attorney Taddune said he and the city's bond counsel are looking at this. Mitchell said the things this districts are trying to solve are not being corrected by the lodge improvement district. Mitchell said the proposed district tries to cover all the potential sites for parking structures and where the improvements will be. Council asked for small maps showing the 3 different alternative districts. All in favor, motion carried. TRAFFIC/PARK-ING SIGNS City Manager Bob Anderson said this item is in response to Council's request to discuss no parking at intersections. Councilman Isaac said he would like to see no parking signs 30 feet from every corner and have the city start enforcing this. Rocky Whitford, police department, told Council 10 percent of the core area is signed "no parking here to corner". The reason for this is the length of -some vehicles parked angle and for safety reasons have to have parking that far away from an intersection. Whitford said to help the public, the city has put signs up at the busiest intersections. Councilman Isaac said signs are needed anywhere the police department is ticketing cars. Councilwoman Fallin said she is not in favor of proliferation of signs; however, it is not fair to get a ticket when a person is not aware they are violating the law. Whitford told Council the distance of no parking from an intersection has been in effect since 1977, and by law does not have to be signed. Councilman Isaac moved to have no parking signs 30 feet from every corner at all corners. Motion DIES for lack of a second. Councilwoman Walls asked if the police department has warning tickets for out-of-town cars parked illegally but not dangerously. Whitford said the police department could issue warning tickets. Councilwoman Walls said she would rather do that at intersections and not put up signs. Bil Dunaway pointed out the fact that some corners are marked "No Parking here to corner" makes people think if there is no sign, they can park. Dunaway suggested in the commercial core, all intersections should be signed or none at all . Mayor Stirling asked how much it would cost to sign just the commercial core. 14 Regular Meeting Aspen Citv Council December 8. 1986 Mayor Stirling moved to direct the city manager to find out the cost of signing all the downtown core area corners that are not now signed; seconded by Councilman Isaac. All in favor, motion carried. DONATION OF L IGH~ STANDARDS Councilwoman Fallin moved to accept the donation of three antique street 1 fight standards f rom Jon Busch at a value of $5 ,162.85 ; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #43, SERIES OF 1986 - Ruedi Electric Rates Assistant City Manager Mitchell told Council the county approved the Ruedi rates without the reserve. Mitchell said staff will come back to Council in 1987 with the rate increase to take this action into account. Councilwoman Walls moved to approve joint Resolution #43, Series of 1986, which sets the method for determining the cost of power purchased from the Ruedi Hydroelectric facility in 1987; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Walls moved approval of the consent agenda; seconded by Councilwoman Fallin. Consent Agenda was Liquor License Renew als - Toro's; Eagle's Club; Golden Horn; Ute City Banque; Little Nell's; Minutes September 22, 23, 24, October 13, 14, 1986. All in favor, motion carried. Mayor Stirling moved to suspend the rules and extend the meeting 10 minutes; seconded by Councilwoman Walls. All in favor, with the exception of Councilwoman Fallin. Motion carried. HISTORIC PRESERVATION IMPLEMENTATION REPORT Alan Richman, planning director, told Council there are some serious challenges facing the city in implementing the historic preservation plan element adopted by Council. Richman said since Council adopted the moratorium in September, staff has been working with HPC and P & Z to come up with a strategy both commissions f elt comf ortable with. Richman told Council there was a joint meeting of the HPC and P & Z November 4, 1986, and they were ready to designate the inventory of 185 structures and to implement a historic compatibility overlay district. Richman said another recommendation was to re-write the historic preservation regulations to make them more clear. Also a TDR form of incentive was going to be examined. Richman told Council to accomplish an overall district is in essence rezoning the entire city. The city attorney has advised 15 Rectular Meeting Aspen City Council December 8. 1-986 staff to create this district would require notification of all property owners within the district, which is about 2/3 of the city of Aspen. Richman suggested Council address this sequentially, deal with the regulatory problems first and deal with the historic district secondly. Richman told Council there was a 1 arge objection to the district at the P & Z meeting, and staff has a lot of work before the district would be acceptable. Richman said he would rather deal with the regulations and the individual structures. Richman said the immediate problem was demolition of individual structures; these owners have been notified and staff is moving ahead with designation. The moratorium is in effect until March 1987. Mayor Stirling said he does not feel the Council should give up on the overlay approach. Richman pointed out the staff is moving ahead to repeal and reenact section 24-9 and to deal with the issue of demolition in a more aggressive way with regulations that would give the HPC the ability to say no. Richman said he feels the regulations are moving forward positively. The problem is the historic district. Staff is receiving objections to owners of the 185 structures planned to be designated historic. Mayor Stirling said he feels extending the historic inventory will not be sufficient. Mayor Stirling said this should be looked at as a neighborhood covenant, and Aspen is a neighborhood. Council suggested a joint work session in January with the HPC and P & Z. Councilman Collins moved to adjourn at 9:20 p, m. ; seconded by Councilwoman Walls. All in favor, motion carried. ~~~ Kathryn S, och, City Clerk 16