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HomeMy WebLinkAboutminutes.council.19850422Regular Meeting Aspen City Council April 22, 1985 JOINT MEETING WITH COUNTY COMMISSIONERS. Mayor Stirling called the meeting to order at 4:35 with Councilmembers Blomquist, Walls, Knecht and Collins present and Commissioners Klanderud, Child, Kinsley, Blake and Madsen present. 1. Report on Sales Tax. Gary Esary, assistant county attorney, told the Board that the sales tax legislation passed the Senate with no amendments. Esary said there are only two dates possible for new sales tax, July 1st and January 1st. The statutes also require the department of revenue be given notice 45 days ahead. Esary said the tax will not be collectible until Aspen and Snowmass rescind their 7th penny tax. Esary said the county is requesting Aspen and Snowmass to rescind their sales tax as soon as possible. City Attorney Taddune said the city can accommodate the county by continuing this Council meeting. 2. Joint Maintenance Facility. Chuck Carlton, county financial advisory board, said Council had approved a request for funds conditioned on asking Snowmass Village to cooperate with personnel and funds to do a study on a joint maintenance facility. Carlton said Snowmass defeated this proposal because they are so far along in their process and do not want to wait six weeks for a study as it would put them off their scheduled for construction. Carlton said Snowmass does not object to the funds nor ~o studying this joint maintenance facility but a function of time. Carlton said Snowmass did offer cooperation of their staff. Snowmass did indicate if by the time this study is done and it shows substantial savings, they would incorporate this into final drawings. Carlton said Snowmass has looked at this and does not see any savings in a combined facility. The financial advisory board feels there will be operational savings. Carlton told the Boards that that Snowmass Village has hired an architect, who has hired as their consultant Fleet Management. Carlton recommended to the Boards to proceed with the study on a reduced basis. Carlton said the FAB feels they can put together a good first step on operational saving on a county-wide program. Carlton said this could be done for $7,000, which would not increase the city and county contribution. Carlton said step 1 can be done, go back to Snowmass to show them there will be operational savings, prior to Snowmass going to a bond election for their maintenance facility. Carlton also recommended using a sole source rather than requests for proposals because Snowmass is already using Fleet Management. Carlton said the FAB is recommended the city and county proceed with a limited study on the operational aspects, and if there are operational savings, to move on to an increased evaluation. The second recommendation is to adopt a sole source, Fleet Management, for the reasons of time and they will be involved with Snowmass. Councilman Blomquist questioned using and paying a sole source to program phase 2 of the study. Councilman Blomquist said he would like to see a full study and send out requests for proposals. Carlton said the scope of the study can be limited to the operations concept in a joint facility versus three separate entities. Carlton said F~eet Management is already involved, and that is a good reason to go to a sole source and get the first step answered. Carlton said his concern is if the city and county go through the extensive study and a $2,500,000 facility is constructed at Snowmass, this will preclude the chance of including Snowmass. Councilman Blomquist said Snowmass wants their trucks In town to be able to take care of Brush Creek. Carlton said the FAB has said there ~s no sense ~n having three sets of every piece of equipment. Carlton said the FAB would like someone to objectively look at the whole county and determine the most efficient way to do this job. ~egu±ar ~eetlng Aspen City Council April 22, 1985 City Manager Schilling said there are many entities in the county that have maintenance facilities and would not want to see the RFP written in a way that would preclude privatization of this facility. Schilling said the city should have an absolute say in the drafting of the RFP. Schilling said the only advantage of a sole source is that Fleet Management is in the community and associated with Snowmass. Schilling agreed it does not make sense to suggest to Fleet Management that there is more work after this initial study. Councilman Blomquist moved that the Board of County Commissioners and City Council jointly request staff and committee to prepare a request for proposal containing as complete as reasonable a description of the scale of the problem and distribute it to a variety of consultants; seconded by Mayor Stirling. Kinsley said it seems there as some basis for usang a sole source, schilling said an argument can be made for using a sole source who is already involved as long as the scope of work is drafted to shut off the option of further work. Schilling said he would support this as long as the city has a shared role in drafting the scope of the work. Ms. Klanderud said the original estimate for the full study was $10,000 and now this first phase is estimated at $7,000, which does no~ sound like a bargain. Ms. Klanderud said she is concerned about fast tracking this because of Snowmass, when Snowmass is going ahead with their facility. Ms. Klanderud said she is concerned about using the same company as Snowmass, perhaps to come to a totally different conclusion. Blake said Snowmass has opted out of a joint facility study three time. Blake said he would like to see a more thorough study done. Roll call vote; Knecht, nay; Klanderud, yes; Kinsley, nay; Blake, aye; Stirling, yes; Walls, yes; Blomquist, yes; Child, yes; Collins, nay; Madsen, nay. Motion carried. Blake told Council the Commissioners passed the trail agreement on first reading. There are some problems and the attorneys will work on these. COUNCIL MEETING MINUTES Councilwoman Walls moved to approve the minutes of March 25, 28, 1985; seconded by Councilman Knecht. All in favor, motion carried. CITIZEN PARTICIPATION 1. John Stanford, Wheeler Board, said he is disappointed the Council agenda does no~ have on it a response to the proposal presented by the Wheeler Board and Aspen Council for the Arts. Stanford said the funding request made to Council was an response to a critical situation and the approaching summer season. Councilman Knecht moved to add this to the agenda; seconded by Mayor Stirling. All in favor, motion carried. 2. David White told Council the County Commissioners put in a stipulation in the Aspen Mountain master plan on parking and reconfirming the city and county P & Z. 3. Jon Busch said the downtown lighting plan has been neglected and would encourage Council to encourage the CCLC to move ahead to develop a downtown lighting plan to be done this fall. Busch said the town is very poorly lit in the pedestrian area. M~yo~_~ Stirling said the first year of capital improvements has this plan in it. Busch said he would to have Council instruct the electric department to complete Main street with the lights coming out of the mall. Mayor Stirling asked City Manager Schilling to take this into consideration. Busch said the Commissioners are considering as part of the translator system putting a KVOD translator on the air. Busch said he would like the city,to support moving this ahead. Busch said KSNO may buy the Snowmass radio station, and he would like Council to consider opposing that license transfer. Busch said he does not feel simulcasting best serves the community's needs. Mayor Stirling recommended that Assistant City Manager look into this, and if there is a recommended to be made, bring it back to Council. 4. Dan Kinney said Canyon Cable plans to scramble its signal to the customers, who will have to lease boxes. There is an extra cost of leasing these boxes. Kinney said he does not like the idea of an ugly box on top of the television. A scramble system would render cable-ready television useless. People with remote control will have to lease remote control boxes. Council requested Assistant City Manager Mitchell to look into this and advise Council. 5. Craig Ward, Nordic Council, told Council the response to the Nordic trail system has been spectacular. They have raised over $40,000 from private contributors. The ARA summer study showed the visitors like hiking and ~rails. Ward said the Nordic Council has gotten commitments to construct a bridge on Maroon creek. Ward said he would like to see Council approve capital improvements to the trails system. WHEELER/ARTS COUNCIL FUNDING REQUEST City Manager Schilling said staff has met on this request, and the assistant technical director for the Wheeler will not be needed until June 1 so the staff would report to Council in May. Schilling said the assistant technical director position is clearly needed. Schilling said there are some other issues unresolved. Mayor Stirling suggested considering this a~ the continued meeting April 29. Schilling said all issues will be resolved by May 13, and Council could deal with the Arts Council reques5 on April 29th. Dutch Hodges, ACA, said all three positions are high priority and desperately needed. Councilman Collins said he would like to see revenues and expenses for the past year, the relationship of these employees with the city. Councilman Collins said the Council should not ac~ until they have the chance to look at the whole picture. ~___~Regular Meeting _ Aspen City Council April 22, 1985 Mary Apple, Ballet West, said the box office position is much needed and will be a tremendous service to all groups and to the customers. Ms. Apple said if this decision goes beyond April 29, Ballet West will have to go their own way as they are up against the deadline. Ms, Hedges said there are several sources of funding for this position, and one is Ballet Aspen. Councilman Blomquist said he is enthused about the box office position. Councilwoman Walls said she has been concerned about the box office situation for a year and would support this position. Council agreed to discuss this at the continued meeting April 29. COUNCILMEMBER COMMENTS 1. Councilman Knecht said he would like to a discussion about a spring clean up program and would like this added to the end of the agenda. Mayor Stirling said the city will be picking up trash from residences on May 14, and people need to make a reservation. 2. Mayor Stirling said April 29 will be a continued meeting to deal with the rescission of the seventh penny, the Wheeler box office proposal and a work session on the interna- tional ski resort partnership. 3. Mayor Stirling recommended adding to the agenda the lease for the animal shelter. ORDINANCE #19, 1985 - Funding Electric Improvements Finance Director Sheree Sonfield told Council there is no ordinance because staff would like Council's preference on financing as there are various alternatives. The alternatives are issuing one $1,000,000 bond for 1985 to issuing bond anticipation notes to a variable financing. Ms. SOnfield told Council this financing is for electric improvements, lights,i undergrounding and mall lighting for 1985. Ms. Sonfield said the disadvantage to a one $1,000,000 bond issue are the high issuance costs and that Council may want more improve- ments in 1986 and 1987. Councilman Blomquist said if the city is borrowing $3,000,000, they ought to try to do all the improvements in one year. Mayor Stirling asked if there are cost sa%~ings by doing a larger area at one time. Ms. $onfield said the city could issue a bond anticipation note for $3,000,000 and spend that over a three year period and refinance this with a long term typical general obligation bond. Ms. Sonfield pointed out in the smaller issue, the interest rates would be higher because the issue is too small to get insurance. Steve Jeffers, Kirchner/Moore, said the city has $275,000 outstanding bonds in the electric fund. Ms. Sonfield said in issuing three years bonds, the city can earn interest on monies to be spent in 1986 and 1987 by investing it. Jeffers passed out packets comparing the one $1,000,000 bond versus the bond anticipation note, and went over the existing electric issue. Jeffers went over the costs of the $1,050,000 issue. If the city issued three $1,000,000 bonds, the total costs in principle and interest would be $6,858,000. Jeffers compared the second alternative of a $3~000,000 bond anticipation notes, which would allow the city to invest the monies not needed immediately and have interest earnings over the next three years. The total payments required doing the financing this way are $6,370,000. Councilman Knecht asked about doing a $3,000,000 bond issue rather than the bond anticipation notes. Jeffers said the only reason Kirchner/Moore did not suggest this was committing Council to spending these funds in 1986 and 1987. Councilman Blomquist asked how much undergrounding can be done for $1,000,000 and for $3,000;000. Mayor Stirling said in the first year $600,000 has been earmarked for lighting. Jay Hammond, city engineering, said the lodge and commercial zones cost $30,000 a block and residential areas cost $23,000. Hammond said the west end area has about 50 blocks and $400,000 would do about 18 blocks. Councilman Blomquist asked if the city would get a better price if this were all done at once. Hammond said the savings would not be very great. Mayor Stirling asked about the lodge improvement district underground plans. Hammond said the Aspen Mountain Lodge will underground about 40 per cent of the district for their project. Mayor Stirling asked if Undergrounding is part of the lodge improvement district, Hammond said that depends on the level of improvements the district chooses to go with. Councilman Collins said he would like more information on what it will cost to finish the city. Councilman Collins said the commitment should be to underground the entire city. Councilman Collins moved to direct the staff to proceed with the $3,000,000 bond antici- pation note, electric g.o. bond financing and prepare the necessary ordinances for first reading on May 13, 1985; seconded by Councilman Blemquist. Councilman Knecht said he would rather have the staff prepare a bond to do the whole city rather than just picking an amount. Councilman Knecht agreed with going out of the city's district and completing the whole city, Councilman Collins agreed to get the procedure started and have staff structure the bonds to whatever the undergrounding will cost. Hammond said the staff's estimate for the entire city is fairly clese. Council asked staff to look into either bond anticipation notes of $3,000,000 or a bond issue of $3,000,000. Councilman Collins moved to amend his motion to include both alternatives of financing; seconded by Councilman Blomquist. All in favor, motion carried. COORS CLASSIC BICYCLE RACE REPORT Dick Wilhelm told Council the town has the full commitment for needed beds for the bicycle race. Committees have been designated to work in the food and beverage areas. REQUEST FOR MALL BRICKS - Aspen Grove Building This request has been withdrawn. REQUEST FOR ENCROACHMENT - Grosse Fence Sandra stuller, representing the applicant, said this is a request for reconsideration of an encroachment request. Ms. Stuller said the applicant has responded to Council's concerns about the massiveness of the fence. Ms. Stuller said also the owner would agree to remove the fence if the property is ever sold. The fence will be shortened to 3 feet and will be a picket fence. Ms. Stuller said this street is 100 feet wide rather than 75 feet. Councilman Blomquist said he does not have a problem with 3 feet picket fence. City Attorney Taddune suggested Council reviewing a written encroachment license with the conditons. Mayor Stirling moved to table this until May 13, 1985, and have Ms. Stuller bring back an encroachment license; seconded by Councilman Blomquist. All in favor, motion carried. RESOLUTION #8, 1985 - Entrance to Town Tom Baker, planning office, told Council this resolution is the same as Council has seen before adding the Mayor's suggested language. Exhibit B lists the community guidelines used in the entrance planning process. Also attached is a statement addresSing the plannin!g for the Marolt/Thomas property. Councilman Blomquist suggested striking all "whereases" on page t. Councilman Blomquist suggested using language to "Urge" the department of highways to keep making interim safety improvements. Councilman Blomquist suggested striking section 4. Councilman Blomquist said he would like added "explore ways to create the highway as a landscape divided parkway appropriate to its resort service function". Baker said this resolution is a reiteration of a previous resolution to the department of highwaYs. Council requested staff redraft this resolution and bring it back May 13. Councilwoman Walls said she would prefer that the community guidelines not be sent to the department of highways or that the last guideline about buses and trucks using two lanes be removed from the list. TRAFFIC COMMITTEE LETTER TO DEPARTMENT OF HIGHWAYS Jay Hammond, city engineer, said the traffic committee had recommended Council sent a letter to the department of highways dealing with minor issues on the highway. The letter requests a new traffic standard at Mill and Main to correspond with the appropriate lanes, with left turn arrows from Mill ontO Main. Mayor Stirling said he feels the "safe-walk" at this intersection is the major delay. Councilman Blomquist said he would rather the east section be focused on Original street to the North Star reserve to have the dangerous section of road improved. Councilman Blomquist said he would like the pedestrian/bicycle trail separated from the roadway. Councilwoman Walls said she would like any reference to changing the Mill and Main light removed from this letter as neither the committee nor the majority of Council supports this position. Councilwoman Walls moved to strike this reference; seconded by Councilman Knecht. All in exception Mayor Stirling. Motion carried. favor, with the of Mayor Stirling said he would prefer having just one light rather than one for each lane. Hammond said his request is a replacement rather than more lights. Council pointed out the crosswalks have been repainted and express thanks in the letter. Councilman Knecht said he is concerned about reducing the speed limit on Main street to 25 mph; it is presently 30 mph and no one keeps that speed limit. Hammond said this section is just requesting a speed study. Everyone, except Mayor Stirling, were in favor of keeping this section. Hammond said the police department is requesting school crossing signals at mid-blocks, which the poliCe can activate during school crossing times. Council was in favor of accepting the letter to the department of highways with the above changes. ORDINANCE #20, SERIES OF 1985 - SPA Amendment Councilman Knecht moved to read Ordinance #20, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #20 (Series of 1985) AN ORDINANCE REPEALING AND REENACTING ARTICLE VII, CHAPTER 24 OF THE MUNICIPAL CODE PERTAINING TO SPECIALLY PLANNED AREAS; AMENDING SECTION 24-2.1 BY IDENTIFYING PUD AND SPA AS ZONE DISTRICT OVERLAYS; AMENDING SECTION 24~3.4 TO PROVIDE THAT THE AREA AND BULK REQUIREMENTS OF THE PARK ZONE DISTRICT SHALL BE SET BY THE ADOPTION OF AN SPA PLAN; ADDING A NEW SECTION 24-11.3(j); AND REPEALING AND REENACING SECTION 24-11.1(b) was read by the city clerk Councilman Knecht moved to adopt Ordinance %20, Series of 1985; seconded by Councilman Blomquist. Council scheduled a work session for May 9. Roll call vote; Councilmembers Collins, aye; Walls, aye; Knecht, aye; Blomquist, aye; Mayor Stifling, aye. Motion carried. ORDINANCE %18, SERIES OF 1985 - Trails Agreement Councilman Blomquist moved to read Ordinance ~18, Series of 1 - 985, seconded by Councilwoman! Walls. All in favor, motion carried. ORDINANCE #18 (Series of 1985) AN ORDINANCE APPROVING THAT AGREEMENT BETWEEN THE CITY AND THE COUNTY WHEREBY THE COUNTY HAS AGREED TO CONVEY AND THE CITY HAS AGREED TO ACCEPT WAGNER PARK AND THE COUNTY TRAIL SYSTEM AS REFERENCED, INCLUDING TRAILS EQUIPMENT; TERMINATING THE JOINT MAINTENANCE AND POLICING AGREEMENT BETWEEN THE PARTIES DATED SEPTEMBER 13, 1976; AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Blomquist moved to adopt Ordinance ~18, Series of 1985, on first reading; seconded by Councilwoman Walls. City Attorney Taddune said an outstanding issue in the agreement is the requirement that the county exercise its right of eminen~ domain and if there is not agreement about where a trail is to be located, the county would no~ have to condemn. Taddune said this should be settled by second reading. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ASPEN ART MUSEUM BAN~ STABILIZATION AND GROUNDS REPAIR Chuck Roth, engineering department, told Council as a result of the flood last :summer, some land was lost. As a result o~ trying to save the Museum, the grounds were left torn up. Council gave some money to fix the grounds, but it was not a complete job. The bank is an eyesore, with concrete and rubble left over. Roth said the channel has been widened. The museum is still in the 100 year flood plain. If the river is widened again, the building would be ou~ of the flood plain. There is a ground water problem around the building. Roth recommended $22,000 be spent to finish the grounds, do sodding, a deflector of boulders, and widening the river. The Oklahoma Flats residents would like the wall removed. Mayor Stirling asked about using the land fund for these improvements. Finance Director Sonfield told Council that 75 percent of the land fund is to be for capital improvements for the benefit of open space and recreation. There is no more money in the 25 percent. Councilman Blomquist said money could be saved on hauling by sculpturing the dirt around the impound lot. Councilman Blomquist suggested taking $10,000 out of trails and adding it to this project ~o create a trail shelf along the r~ver. The trail shelf would stop the ~osion of dirt into the river. Mayor Stirling suggested discussing the trail shelf a~ capital improvements. Councilman Blomquist moved for approval of $22,313 for the lmprovemen~ of the Rio Grande flood channel from the land fund; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~21, SERIES OF 1985 - Appropriations Councilman Knecht moved ~o read Ordinance ~21, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~21 (Series of 1985) ~ AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF 834,000; APPROPRIATING GENERAL FUND EXPENDITURES OF $34,000; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $47,300; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $,6040 TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING ~'~ PREVIOUSLY APPROVED GNEERAL FUND EXPENDITURES OF $11,800 TO THE 1984 STREET CONSTRUCTION FUND; TRANSFERRING S15,000 FROM THE LAND FUND TO THE 2984 STREET CONSTRUCTION FUND; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $30,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $36,040; APPROPRIATING 1984 STREET CONSTRUCTION FUND EXPENDITURES OF $26,800; APPROPRIATING GOLF COURSE FUND EXPENSES OF $34,000 was read by the city clerk Ms. Sonfield, finance director, pointed out that the Wheeler is charging all theatre users for actual labor, supplies, expenses incurred by the users. Ms. Sonfield ~old Council they have spen~ $65,000 out of the $90,000 contingency fund to date. Councilman Knecht moved to adopt Ordinance 921, Series of 1985, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht aye; Collins, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #9, SERIES OF 1985 Electric Rates Mayor Stirling opened the public hearing. Ms. Sonfield said this ~s carrying out the policy ordinance describing the methodology of passing through wholesale rates the city pay to the electric consumers. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance ~9, Ser~es of 1985, on second reading; seconded by Councilwoman Walls. Councilman Collins said he does not see why the city needs to ~ncrease the rates; this is an ~nsignificant amount and would mean only S50,000 less revenue than budgeted. The electric fund has substantial cash balances. Mayor Stirling agreed and said this is an opportunity ~o whole the ra%es and not increase them. Mayor Stirling said he would support holding the rates. Councilman Blomquist said if the city ~s going ahead with undergrounding, this rate change is needed to cover the bonds. Councilman Blomquist said when the city does not follow this policy with the wa~er fund, it accelerated financial problems. Mayor Stirling suggested holding this ordinance until staff brings in the discussion of the electric fund bonds. Councilwoman Walls said this rate increase to the users will be small, and it is irresponsible to let rates go until the city has to raise the ra~es more than people expect. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Collins, nay; Knecht, aye; Mayor Stirling, nay. Motion carried. ~ ~u~ meenlng Aspen City Council April 22, 1985 ORDINANCE 911, SERIES OF 1985 - Rezoning Top of Mill R-15/PUD/L Councilman Collins moved to table this ordinance to May 6, 1985; seconded by Councilwoman Walls. All in favor, motion carried. Councilman Blomquist moved to have a special meeting May 6 and continue the publc hearing; seconded by Mayor Stirling. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE 912, SERIES OF 1985 - Sport Stalker Agreement Jim Holland, parks director, reminded Council they had wanted some alternatives dealing with vending privileges at the golf course. Holland said Council could agree that vending machines are the exclusive right of the golf course operator, or have the vending machines bid out separately. Mayor Stirling moved to remove from the contract that it is a duty or a right given to Sport Stalker to provide vending machines as part of the agreement; seconded by Councilwoman Walls. City Manager Schilling said the vending machines ought ~o be let ~o bids. Mayor Stirling said the city should protect the rights of small businesses. All in favor, with the exception of Councilman Knecht. Motion carried. Councilwoman Walls moved to adopt Ordinance 912, Series of 1985, with the above amendment; seconded by Councilman Collins. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht said there was a memorandum circulated about the possibility of using the pro shop during the winter for Nordic uses. The pro shop is not used during the winter, and this would be a good use of the building for winter operation. Roll call vote; Councilmembers Knecht, nay; Blomquist, aye; Walls, aye; Collins, aye; Mayor Stirling, aye. Motion carried. Councilman Knecht moved to direct staff to look into the possibility of using the pro shop for winter time use for Nordic purposes; seconded by Councilman Collins. Councilman Knecht said he would like staff to come back with recommendations. All in favor, motion carried. Mayor Stirling moved to submit vending operation at the golf course to bids; seconded by Councilman Blomquist. Councilman Collins said the contracts at the golf course should run coincidentally. Councilman Blomquist suggested bidding the other city vending machines also. All in favor, with the exception of Councilmembers Knecht and Walls. Motion carried. ORDINANCE 914, SERIES OF 1985 - Street Vacations Councilman Knecht moved to continue this to May 6, 1985, seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE 915, SERIES OF 1985 - Pisten Bulley Contract Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt ordinance ~15, Series of 1985, on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Walls, aye; Blomquist,.aye; Mayor Stirling, aye. Motion carried. ORDINANCE 917, SERIES OF 1985 - Contract to Purchase Open Space City Attorney Taddune said there has been a revised purchase and sale agreement to address the concerns of City Council regarding the nature of the deeds. Taddune said parcels A and E, which were not the subject of an appraisal, will be made by quit claim deed. Taddune said the city has considered the transaction because of a proposed donation from Mr. Cleary. Cleary has requested a 17 foot easement, and this and the donation are being worked out. Councilman Blomquist said Cleary is requesting this easement as a buffer zone. Taddune suggested continuing this until the financing is in place. Councilman Collins moved to table Ordinance 917, 1985, until April 29, 1985; seconded by Mayor Stirling. All in favor, motion carried. CONSENT AGENDA Councilman Knecht moved to approve the consent a~enda; seconded by Councilwoman Walls. The consent agenda is (1) liquor license renewals - Charlemagne; Molly Gibson; (2) Election Judges. All in favor, motion carried. ANIMAL SHELTER LEASE Assistant City Manager Mitchell said this ordinance approves the lease/purchase financing for the animal shelter. The second reading will be on the same agenda as the purchase contract. Councilman Knecht moved to read Ordinance 922, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ~e_g~_~r ~_e~_~_g Aspen C~ty ~ounc~± ORDINANCE 922 (Series of 1985) AN ORDINANCE AUTHORIZING THAT CONDITIONAL AGREEMENT FOR SALE AND PURCHASE AND THAT CERTAIN LEASE AND AGREEMENT BETWEEN JINCO LEASING CORP., A COLORADO CORPORATION, AS LESSOR, AND THE CITY OF ASPEN, COLORADO, IN THE AGGREGATE PRINCIPAL AMOUNT OF $230,000 AND IN CONNECTION WITH THAT CERTAIN ANIMAL SHELTER FACILITY' PROVIDING FOR ANNUAL LEASE PAYMENTS; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH was read by the city clerk Councilman Knecht moved to adopt Ordinance ~22, Series of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Blomquist, aye; Walls, aye; Collins, nay; Knecht, aye; Mayor Stirling, aye. Motion carried. CLEAN UP DAY- Councilman Knecht proposed the idea of an Aspen spring clean up program sponsored by the City Council. Councilman Knecht suggested Saturday June 1 kicking off a week of clean up activities. There would be a giant yard sale, Captain Clean returns to Aspen, a city- sponsored trash pick up week, have the city staff do a program to wash the sidewalks, the Council and staff clean up highway 82 from Maroon creek to the Cooper avenue bridge, have a volunteer program to pick up their blocks, Councilman Knecht said he would like the city to reinstate the flower planting program of matching funds for businesses to plant in front of their stores, to re-start the alley man program. Councilman Knechti~said he would like the staff to come up with recommendations and costs and report at the next Council meeting. Councilman Knecht said he would like to see this program done on an annual basis. Councilman Knecht moved to refer this to staff and have a report back at the next Council meeting; seconded by Councilman Collins. All in favor, motion carried. LODGE IMPROVEMENT DISTRICT BOND COUNSEL City Manager Schilling said the staff~!has not yet completed the reference checks and interviews and asked this be considered April 29th. Mayor stifling moved to consider the lodge improvement district bond counsel at the continued meeting April 29; seconded by Councilwoman Walls. All in favor, motion carried. ASPEN MOUNTAIN LODGE FINAL PUD Colette Penne, planning office, said the revised PUD agreement and Ute City Place final plat were submitted too late to take final action this evening. Mayor Stirling asked what da~e was planned for the request for excavation permit prior to final plat action. Councilman Collins said it would be a change in the building code to do this, and how can Council vary the building code without going through the process. Art Daily said the city's Code provides an excavation permit to be issued after certain approvals and the applicants will be asking that this be varied. City Attorney Taddune it is consistent with the practice of the city to allow excavation to occure before development approval. Trails. In addition to the ski-in trail across Summit street and the Dean street ~ail, Council requested a trail easement be granted across the Top of Mill site. P & Z felt due to site topography, the connection of the later trail to.other segments on the mountain was impractical and recommended this trail be deleted. Councilman Blomquist said this trail link is at the heart of the entire loop trail system proposed. This trail is needed to get across to the city-owned land, which borders on this property. Council- man Blomquist said trails will be connected from Shadow mountain, across Top of Mill, to Little Nell and to connect with the Ute trail and Nordic trail. Councilman Blomquist urged the city insist the trail easement be in the plat and be adequate for a pisten- bulley. John Doremus said the applicants have consented to that trail. David White, P & Z member, said they felt the trail is not in the best place for the steepness. Hazard Mitigation Plan. Council requested that the applicants mitigate to the extent possible the geologic hazards posed to the Top of Mill site. P & Z, based on a recomm- endation of Colorado Geologic Survey and Chen, has continued the hazard study. Doremus said their consultants will continue to study the area during the wet season just beginning. Doremus said the p~eliminary findings regarding the landslide is that it is shallow, smaller and more localized that first perceived. Doremus said the studies will be continued and expanded in response to the CGS report. A wide area will be staked out and the movement monitored. There will be testing of the soils in the landslide area. CGS requested the applicant look at the potential for 100 year flood and landslide at the same time. Doremus said the appoicants are confident this report will come back in a positive fashion. The report will be completed in August. Mayor Stirling asked what CGS's relationship to this report is. Doremus said CGS is the reviewing agency for the city, and they are looking at this with a critical eye. Doremus told Council P & Z felt they should withhold preliminary approval on the Top of Mill project until this report is complete. P & Z completed preliminary approval and have a list of conditions but have not given approval. P & Z and Council have not seen the entire PUD, how it works, the various relationships, P & Z feels the purpose of the PUD has been met and did not have a problem approving the rest of the PUD. On-site impacts. Doremus said the environmental health deparment has commented that any soils removed have to be tested and that the hazardous material has to be covered with top soil or other material meeting their approval. Doremus said the other on-site potential hazard was mine workings. The old maps do not show any mine workings, but the building inspector would like this checked. Doremus said in testing, a very small area has high mineralization, the bowl area has moderate mineralization, the area closest to town is clean. Doremus said if they build the retention pond on-site for drainage and reflow, they will test that site. Councilman Collins said he would like to see some planning work done to tie circulation, access to the ski lifts, and this project all together. Councilman Collins said the Ski Company is doing improvements on the mountain, the lodge is being built, and the city has a transportation system; there is an opportunity to improve the circulation in this area. Councilman Collins pointed out all the access roads to the mountain are dead ends, and the circulation situation will only get worse. Council discussed relocation of lift lA. Mayor Stirling said Council will reconvene May 6 to deal with the Ski Club building, World cup finish area, Koch subdivision exception and land trade, condominiumization, GMP amendment, Ute City Place final plat, Ordinances tt and 14. Councilwoman Walls moved to continue the meeting to April 29; seconded by Councilman Blomquist. Council left Chambers at 9:45 p.m. All in favor, motion carried. Continued Meeting Aspen City Council April 29, 1985 Mayor Stirling called the meeting to order at 5:00 with Councilmembers Knecht and Blomquist present. Michael Skaris, Smugger Mobile Home Association, told Council in Spetember 1983, the city passed a bond ordinance for the benefits of Smuggler for construction of roads, drainage, lighting and to retire a debt on a new sewer system. The work was completed in June 1984. Skaris said the city finance department has not released the final payment to the contractors and the reimbursement of $120,000 for the sewer system has not been made. Skaris said the homeowners are paying interest on the $120,000. The homeowners are making monthly payment to Central Bank. The homeowners are asking if they will receive interest on the payments, how much, and what accounting for the money will be received. City Attorney Taddune said there is some question as to how much of the improvements have been completed. Taddune said the city has prepared an a~reement outlining all understandings of the parties. An assessment ordinance will be before the Council at the next meeting. Finance Director Sonfield said the homeowners will get full benefits of interest earnings to their money. Councilman Knecht moved Lo get a recommendation ba~k from staff and put on the next Council agenda; seconded by Mayor Stirling. All in favor, motion carried. WHEELER/ARTS COUNCIL FUNDING REQUEST City Manager Schilling said this proposal by the Arts Council will have all ticket sales centralized at the Wheeler. There will be a surcharge levied against ticket sales of 5 percent. The arts groups and Wheeler feel this is a sound approach and will improve service to the public. Schilling said this will remove the Wheeler staff from ticket sales responsibilities. Schilling said this $8,000 request is seed money for the Arts Council, they will get additional funding to hire a box office administrator, who will be under the supervision of the Wheeler Opera House director. Schilling said the M.A.A. is enthusiastic about this concept but because of the size of their operation and the transition time, they will not participate the first year. The M.A.A. is interested in seeing the operation computerized and will be involved in the future. Schilling said it appears that this position can be self supporting. Schilling recommended that any event sponsored directly by the Wheeler would not be subject to the surcharge for some reasonable period of time to offset the seed money. Schilling would like this agreement with the Arts Council be executed by contract. Eve Homeyer told Council Nick DeWolfe will design a computer system for the ticket operation. Mayor Stirling asked if no reserve seating at the Wheeler would alleviate the ticket selling situation. Bob Murray said it would be inapproriate for the Wheeler, people like to know where they are seating. Ellen Kohner said this position would take care of the entire area of bookkeep- ing, accounting, finding volunteers. Councilman Blomquist said if this is done on a 5 percent surcharge, that the M.A.A. and Wheeler should also be paying the 5 percent. Councilman Blomquist said the box office should be leased to the Arts Council, and this should be an extension of the Arts Council function rather than the Wheeler. Dutch Hodges said regularly programmed events at the Wheeler are not exempt from the 5 percent surcharge. The M.A.A. will pay for surcharge for their events scheduled at the Wheeler. Councilman Blomquist moved to approve $8,000 seed money for the Arts Council from the general fund contingency; seconded by Councilman Knecht. Schilling pointed out that would deplete the general fund contingency. Finance Director Sonfield said the most viable funding source is the land fund savings. Ms. Sonfield said last year Council approved $96,000 additional renovation cost to be paid for by relieving the Wheeler of that amount in its deby payments. The renovation costs will be $60,000 so there is an extra $36,000. Mayor Stirling said this money was earmarked for the Wheeler, and the Council needs to have some flexibility ~n the contingency fund. Councilman Knecht withdrew his second. Councilman Blomquist said he will not vote for any expenditures from the land fund, which is paying enough burdens outside the general purpose and intent. Councilman Blomquist said this would be violating the ordinance of the land fund. Councilman Knecht moved to approve a one-time $8,000 contribution to Aspen Council for the Arts in accordance with memorandum 175-85; seconded by Mayor Stirling. Ms. Sonfield told Council the land fund has a obligation to pay the debt service on the Wheeler renovations. The Wheeler contributes S100,000 towards the debt service to help the land fund. This $8,000 would be coming from the Wheeler fund because it has been relieved of that contribution to the debt service, as opposed to it being paid from the land fund. All in favor, with the exception of Councilman Blomquist. Motion carried. CONTRACT TO PURCHASE OPEN SPACE Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance #17, Series of 1985, on second reading; seconded by Mayor Stirling. City Attorney Taddune said this will be financed by short term notes, and there is another ordinance to facilitate this borrowing. Rick Knezevich asked Council to approve signing the agreements prior to closing. Councilman Blomquist moved to amend the motion to change the closing date to May 20 and to make this transaction contingent upon ~Cleary coming in; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. Councilman Knecht moved to read 'Ordinance ~23, Series of 1985; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE =23 (Series of 1985) AN ORDINANCE AUTHORIZING THE BORROWING OF THE SUN OF $280,000.00 TO FINANCE THE ACQUISITION OF OPEN SPACE AND THE ISSUANCE OF SHORT-TERM NOTES IN ANTICIPATION OF THE COLLECTION OF TAZES OR OTHER REVENUES was read by the city clerk Councilman Knecht moved to adopt Ordinance #23, Series of 1985, on first reading; seconded by Councilman Blomquist. Roll call vote; Councitmembers Blomquist, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. LODGE IMPROVEMENT DISTRICT BOND COUNSEL City Manager Schilling said in forming the Aspen Mountain lodge improvement district, he recommended hiring an experienced bond counsel who has-expermence mn forming assessment districts. Schilling said the city does no~ have ~an ordinance to put together special improvement districts. The staff solicited RFPs for bond counsel from ten law firms, received nine reponses, two of which were'declinations. The staff revmewed these and ranked them for Council, the firm of Lamm, Edstrom and Braymer being first. The costs ranged from $17,500 to $40,000. City Attorney Taddune said his concerns are continuity and competence. Bill Lamm used to be the city's bond counsel and knows the community. Taddune said the people in Denver highly recommended Bill Lamm. Councilman Knecht asked why get the legal people involved firat. Taddune said this ms staff's recommendation because special improvement districts have alot of different elements, for instance the relationship between the Aspen Mountain Lodge PUD and the zmprovement district, the engineers, the financing. Councilman Blomquist moved to approve the ranking and the manager moving ahead to execute an agreement as outlined in the memorandum; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #24, SERIES OF 1985 Rescission of city's seventh penny sales tax City Attorney Taddune said this ms responding to the need of Pitkin County to implemen~ the rescission of the 7th penny mn time for Pitkin County to collect this July 1, 1985. This ordinance will repeal the city's 7th penny sales tax on the condition the county agree to all conditions outlined. The city's refunding bonds of 1982 be paid, and the consent of the bond holders will have to be obtained. Councilman Blomquist moved to read Ordinance ~24, Series of 1985; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~24 (Series of 1985) AN ORDINANCE CONDITIONALLY RESCINDING THE LEVY OF THE ADDITION ONE (1%) PERCENT RETAIL SALES TAX (COMMONLY KNOWN AS THE "SEVENTH [7TH] PENNY SALES TAX"), PROVIDED FOR IN THAT ORDINANCE APPROVED BY THE ELECTORS OF THE CITY OF ASPEN ON THE 7TH DAY OF NOVEMBER, 1972, SO AS TO DECREASE THE PRESENT CITY RETAIL SALES TAX IN THE CITY OF ASPEN FROM A TWO (2%) PERCENT AND AT AN EQUIVALENT TWO (2%) PERCENT BRACKET SYSTEM RATE, UPON THE SELLING OF TANGIBLE PERSONAL PROPERTY AT RETAIL UPON EVERY RETAILER OR FURNISHING OF SERVICE IN THE CITY OF ASPEN, TO A ONE (1%) PERCENT AND AT AN EQUIVALENT ONE (1%) PERCENT BRACKET SYSTEM, OPERATIVE AND EFFECTIVE ON AND AFTER JULY 1, 1985, SUBJECT TO CERTAIN CONDITIONS TO BE SATISFIED BY THE COUNTY OF PITKIN AS HEREIN PROVIDED RELATING TO THE PAYMENT OF FOOD TAX REFUNDS, CAPITAL IMPROVEMENTS AND CAPITAL EXPENDITURES, AND/OR THE PAYMENT OF INDEBTEDNESS INCURRED FOR SUCH CAPITAL IMPROVEMENTS AND CAPITAL EXPENDITURES was read by the city clerk 3893 Continued Meeting Aspen City Council April 29, 1985 Councilman Blomquist moved to adopt Ordinance #24, Series of 1985, on first reading; seconded by Councilman Knecht. Taddune said another condition is that the city's food tax rebates be paid in an amount not to exceed 5.4 percent. The ordinance identifies certain lease arrangements and contractual obligations related ~o the creation of RFTA. There Ks a condition that if the county terminates the RFTA agreement, the city may be able to reinstate the 7th penny. Taddune said there is no precedence for him to rely on in which way the city would be able to reinstitute the 7th penny. Councilman Blomqu~st asked if this ordinance prohibits the city from making a sales tax increase. Taddune said the state will not collect over 7 cents for a municipality. Councilman Blomquist said this ordinance should not take away a right from the city that the city already has. Taddune said there will be an intergovernmental agreement reflecting these conditions, giving the city as much protection given the circumstances. Tom Smith, county attorney, said the obligation for the Bluebird buses was assumed by RFTA and has been paid. Regarding the Neoplans, the city has already met with obligations. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. Councilman Blomquist moved to adjourn at 6:35 p.m.; seconded by Councilman Knecht. All in favor, motion carried.