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HomeMy WebLinkAboutminutes.council.19850708 Regular Meeting Aspen City Council July 8, 1985 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Fallins, Isaac, Walls, and Collins present. CITIZEN PARTICIPATION 1. Bill Martin told Council when he returned to town, he found the Epicure building painted a disgusting brown. Martin said his wife is on the HPC, but missed that meeting, and people are upset the HPC approved that particular color. Councilmembers Walls and Fallin said they are not wild about the color. Councilman Isaac said he has heard complaints, too, but th~ HPC did approve the color. Mayor Stirling suggested having the HPC give Council a report on the background. Councilman Collins said Council should wait until the building is completely finished, as there will be awnings and trim. Mayor Stirling said the HPC does have the authority to approve color schemes. COUNCILMEMBER COMMENTS 1. Councilwoman Fallin brought up Jenny Adair park and the lack of attention to it. Hallam lake would like to see the park tended to: it has become a sludge pond. Councilwoman Fallin said people complain and nothing gets done about Jenny Adair park. City engineer, Jay Hammond, said the staff has solicited prices to dredge out all the rentention ponds, but this has not been budgeted for. Councilwoman Fallin said this park would probably be used more if it is taken care of; it is part of the trail system and right next to Hallam lake. Hammond said the staff could come back at the next Council meeting with a report on the costs of keeping up this property. Councilwoman Walls said the city has several retention ponds, and why haven't arrangements be made to keep them clean. Hammond said most of these are new and are lust reaching a point where they need to be dregded. Hammond pointed out the city does not have the equipement to do the work in-house. Councilwoman Walls pointed out the Council asked last year ~hat the staff see to the upkeep of Jenny Adair park. Assistant City Manager Ron Mitchell pointed out the parks department is maxed out taking care of other parks, and Jenny Adair park is not on the regular maintenance schedule. Council requested a report back at the next Council meeting. 2. Councilwoman Fallin said she had a complaint on Herron park on the condition of the playground equipment, and it is dangerous. Council directed staff to fix this immediatelyl~ 3. Councilwoman Fallin said the Hyman avenue mall has a stagnant pool of water in it. Assistant City Manager Ron Mitchell said as soon as the mall lighting program is complete, the pond will be cleared out. 4. Mayor Stirling said the next work session, July 15, will be the proposed water rate ordinance. Council has scheduled a continued goals session for July 18 a~ 1 p.m. at the Aspen Club. 5. Mayor Stirling proclaimed July 5 through 12 Aspen Art Museum week and read the proclamation. 6. Mayor Stirling said the Mayor's brown bag lunch will be Thursday, July 11, and the public is invited. 7. Mayor Stirling said he received another complaint about the need for air conditioning in the Wheeler. Mayor Stirling said the Wheeler Board is working on specific ideas about solving the problem. 8. Councilman Collins presented a series of pictures given to him by citizens showing traffic signs around the city that are tilted and out of line. Councilman Collins asked staff to have these repaired. 9. Councilman Collins said he is concerned about the condition of the mall, the ~ree is gone from the Cooper avenue planter box, Hyman mall looks likes the trenches in World War I. Councilman Collins said he would like to have a discussion of mall lighting and city hall on the next work session. Councilman Collins said the mall lighting program was to be started early spr~ng so as no5 ~o have it in the condition it is for the summer season. 10. Councilman Collins moved to add to the end of the agenda golf passes for RFTA employees; seconded by Mayor Stirling. All in favorr motion carried. 11. Councilman Collins asked about the status of city hall renovation. Assistant City Manager Ron Mitchell said the staff sent out requests for qualifications to architects last week and will select an architect to help move ahead. Councilman Collins said he would like this discussed at the next work session. 12. Councilman Isaac complemented the parks department for the clean up after July 4. Councilman Isaac said there is a problems with kids riding their bikes on the mall. Mitchell told Council the police dpeartment makes as many contacts on the mall as they can. Councilman Isaac said the police departments needs to have someone on the mall all the time. Mayor Stirling suggested Council have a discussion about the mall in general soon. 13. Councilman Isaac said he had asked about Gibson avenue previously and received a memo stating there was to be some repair. Councilman Isaac said there was a little patching and that's all. Jay Hammond, city engineer, told Council that street is the county's responsibility. Hammond contacted the county about Gibson and thought the county was going to pave Gibson, but they did not. Hammond told Council he will contact the county and report back. 14. Councilman Isaac said he would like to add the 1986 tax reform act to an agenda in the near future. Mayor Stirling suggested discussing this at the goals session. 15. Councilman Isaac moved to reconsider Ordinance ~35, Series of 1985; seconded by Mayor Stirling. Councilman Isaac said he never intended to kill the ordinance, there was some misunderstand- ing whether it could be tabled or not. Councilman Isaac said the proponents and opponents of the ordinance have been working on this, and he would like to give them until the first meeting in August to work out a compromise. Councilwoman Fallin said she feels the ordinance as written is poorly written and would like to start from scratch. Councilwoman Fallin said there may be a compromise solution that would not require an ordinance. Mayor Stirling said he feels it is important to keep this ordinance before the public and through the public process. All in favor, with the exception of Councilwoman Fallin, motion carried. Councilman Isaac moved to table Ordinance #35, Series of 1985, until August 12, 1985; seconded by Councilman Collins. All in favor, with the exception of Councilwoman Fallin. Motion carried. Assistant City Manager Ron Mitchell requested an executive session at the end of the meeting to discuss Red Roof Inns. MUSIC ASSOCIATES OF ASPEN REPORT Marty Flug, representing the M.A.A., told Council the committee was reporting on the request of the M.A.A. for the city and county to take leadership to deal with the problems that may kill the M.A.A. within 5 years. The goal. of the M.A.A. is get the best students and faciluty to produce the best music festival. Flug said the M.A.A. brings about $12,000,000 into the community and is the second larges~ enterprise in the community. Flug said the M.A.A. faculty is paid about 50 percent of what they could get elsewhere, and this will have to change. The performance facilities are out of date, the accoustics are worse than inadequate. The housing for students and facility is inadequate, and they have lost about 200 beds. The rehearsal and classroom facilities are inadequate. The students have to spend a lot of time moving around the area to eat, to rehearse, to have lessons. Flug said the M.A.A. needs to rebuild facilities which were excellent 20 years ago. Flug said the committee was asked to consider what kind of study might be done. aspen ~lty Councl± July 8, 1985 Flug said the issues are should the M.A.A. be employing consultants to do a study and should the community appropriate funds up to $30,000 to do this study. Flug told Council whatever the M.A.A. impacts other parts of the community, the ballet, the ice rink, the trails system, and the community must take the lead in solving these problems of the physical facilitation of the M.A.A. Flug said Fritz Benedict had studied using the Marolt property for the M.A.A. two years ago. Fritz Benedict said he has been working on plans for the M.A.A. for at least 8 years and looked at property all around the valley. Benedict told Council he has taken an accoustlclan to the Marolt property, who said the highway noise problems could be dealt with and the airplane noise is less than the present tent site. Benedict presented a model and sketch of his plans for the Marolt property, including a performance facility, dormitories, administration buildings, faculty housing, and support facilities. Jorge Meister told Council the accoustics at the tent are pretty bad. The back instruments tend to overpower the front instruments. There is a sense of frustration on the part of the staff. Flug said there is a growing level is dissatisfaction within the M.A.A. Flug said ths M.A.A. does not have the capibility of financing the physical facilitation; they cannot afford to pay for land and for buildings, and cannot raise the monies necessary. Flug said in terms of private fundings, the money is not here for the things the M.A.A. needs. This throws the burden on the city, county and community to see where the funding is. Flug said presently the M.A.A. is not funding the artists and faculty at the going rate, and are not putting in sufficient funds to maintain the campus facility. Flug said most of the funding is coming from outside the community, and the community will have to look at what they can afford to maintain a $12,000,000 revenues. Flug said a study is needed because the M.A.A. cannot answer all the questions about how each entity, like Ballet Aspen and trails, will be impacted. Flug said an outside consultant is needed to look at all the pieces and suggest how they can be put together. Finance Director Sheree Sonfield told Council there ~s money to fund the $30,000 cash request for a study in the general fund or real estate transfer tax. However, the general fund cash balance has decreased $400,000 from 1984 to 1985. This is no~ looked upon highway in the financial world, and may interfere with the city's long range goal of obtaining a better bond rating. The real estate transfer tax fund balance looks good but should not be decreased below $50,000 to $75,000. This request for $30,000 would decrease the RETT to $75,000. Councilman Collins said in order to ask for a study, there ought to be specific guidelines regarding the scope of work, the charge to the consultants, will it address the concerns of the M.A.A. or all the arts. Councilman Collins said the tent has been in its location for many years, and there is a love affair between the community and the tent. Councilman Collins said he would like to have a narrative telling where this study ~s going to go, and a more definitive expression of what the consultant is going to do. Flug said the committee tried to do this in their proposed resolution. Flug said the committee feels the consultant would be in a position to put all the p~eces out on the table so that everyone could look at them. Flug said the committee asked that the finance director maintain contact with the consultant during the study to beg~n to develop conceptual v~ews of funding this. Flug said the committee feels they could no~ lay out specific challenges to the consultant, and one of the first duties of the consultant would be ~o help frame the specific request. Councilman Isaac told Council County Commissioner George Madsen is on the committee and said the county is interested in helping fund the study. Councilman Isaac said it is not known how much the study will cost until more specifics are given to the consultants. Councilman Isaac said he would like to g~ve the committee the direction to move forward. Mayor Stirling said he is not convinced what a study would show, and what would be gained from the study. Mayor Stirling suggested what the M.A.A. wants could be accomplished within the community, or hire a business consultant to direct the M.A.A. to what they want. Flug said Fritz Benedict's proposal takes care of what they want. Where it will be located, and how it impacts the overall funding capabilities of the community are unknowns. Mayor Stirling said the tent experience ~s a total experlence, and people come for the outdoors, the meadows. Mayor Stirling said without spending $30,000, the community can decide where the M.A.A. should best be located. Mayor Stirling said Aspen is like a campus, and decentralized character is a profound aspect of the community. Mayor Stirling suggested forming three groups to study the site, housing, and financing from people in the community. If that is not adequate, perhaps a study is needed. Councilwoman Fallin said she is not opposed to giving money to the M.A.A., but will this study tell the Council and community something they don't already know. Councilwoman Fallin agreed with the Mayor's suggestion of local ommittees. Councilwoman Walls agreed doing the study locally first. Mayor Stirling pointed out the Marolt property may have a four-lane highway going through it in a few years. The Meadows property should be focused on. The committe can examine how to make this property a quality experience within the finite resources of the community. Flug said the local committee approach is a good one if there is a time certain for a report back, if there are volunteers willing to spend time. Mayor Stirling and the committee are to meet Tuesday July 9 at 5 p.m. a~ Aspen Furniture. MEADOWS COMMITTEE REPORT Jan Collins presented a proposal to the Council by the residents of Aspen to purchase the Aspen Institute property by the city. Ms. collins said this group of citizens believes the most ~mportant thing to ge~ done now ~s the purchase of all 88 acres of the Aspen Institute property. This would take care of the Aspen Institute, the Music Associates, the Physics Center and the Design Conference, all presently a part of the Meadows complex. Ms. Collins said this means an end ~o all controversy that has been going on for 10 years, as well as no more threat of negative impact on the above organizations nor on the natural environment, the last natural meadow left in the city. Regular Meeting Aspen Ms. Collins said this group ~s asking the city to be a sponsor and one of the funding entities ~o purchase the entire property. Ms. Collins said a~ the July 1 study session, this group asked that Council direct the finance department to prepare an analys~s of all funding sources available at this time to use toward the purchase of this property. Ms. Collins said this group proposes to form a Foundation, apply for a tax exempt status and launch a major fund raising campaign ~o raise endowment funds. The earnings from this fund would be used to maitain and operate the improvements and keep the existing open space areas of the property in tact. Ms. Collins said this joint effort between governments and private sector is a new approach which can reach everyone and consolidate resources. Ms. Collins outlined some alternatives for acquisition of the property of the city and the foundation working through something like Nature Conservancy ~o acquire the property, like the purchase of the North Star ranch. MS. Collins presented a chart of foundations to raise endowment funds to maintain, improve and operate the property. Ms. Collins told Council of the organizations located on this property, only the Aspen Institute owns its facilities and it is a concern each organization do the same. Ms. Collins said the M.A.A. has expressed concern about this over the years. This plan would give title to each organization for the existing facilities. All open space will be considered common area. Ms. Collins said the Foundation will manage and determine policies that affect the maintenance and operation of all common areas. An individual from each organization would form the central governing body and this body would answer to the city and to the foundation. The city and the foundation would also name a representative to this govern- ing body. Ms. Collins said this group ~s requesting from Council an indication of their interest and willingness to become a sponsor of this acquisition. This group would like to review ths financial analysis and to establish the city's funding capabilities. The group would like Council to schedule regular weekly study sessions in the next month to explore this proposal further. Mayor Stirling asked if the Meadows is for sale, and what the price might be. Ms. Collins said the group has a concept of the price, however, in this case it is likely that land contributions may play a part. Ms. Collins said the group has met previously with the owners. Ms. Collins presented a map of the entire Aspen Institute property and where it is located. This property is an Aspen park and has been for many years, containing natural meadows, the music tent designed by Aero Saarinen and redesigned by Herbert Bayer. Bayer is the last remaining Bauhaus artist and a residen~ of Aspen. The Paepcke building was also designed by Bayer and is an attraction ~n itself. This property also affords an ~mportant link in the trails system. This property also contains the Anderson park and the historic race track. The existing restaurant could be a commenorative gallery to Herbert Bayer and the restaurant should be expanded and moved to the health facilities. Ms. Collins said there may have ~o be some minimal build out for the Institute. Ms. Collins said this group is asking the Council to review with the staff and bond counsel funding capabilities. The group would open communications with the owners of the property to establish their interest and the price of the property. The group will solicit support from the community. Nick deWolfe said the price of this property may depend on Council's interpretations of the changes to the SPA ordinance, and what can or canno~ be done on the property. Mayor Stirling said other items need to be determined before the Council gets involved weekly, like can the parcel be purchased, the price. Ms. Collins said the group would like to be reporting to Council weekly. Mayor Stirling agreed to g~ve time for the group to report weekly. City Attorney Taddune said Council should be careful that their enthusiasm to purchase the property does not come in conflict with the ability to review development requests for this property. GROWTH MANAGEMENT PLAN SUBMISSION DATES Councilwoman Fallin stepped down due to conflict of interest. Alan Richman, planning director, told Council applicants have asked that Council change the GMP submission dates of commercial and lodge to December 1. Richman told Council there is another application for commercial ~llocation who would be at a disadvantage if the commercial date is changed from August 1. Richman said Council can change the submission dates, or could waive the requiremen~ that GMP allotment applications must.submit that a~ the same time as the precise plan. Richman told Council there is precedence for changing GMP submission dates. Richman said this request is a result of the lengthy process of changing the SPA ordinance and the new requirement for the conceptual process. Richman told Council the staff has already advertised the commercial deadline of August 1st, and there are potential appli- cants for that date. The lodge competition deadline is October 1st and there is time to change that date. Mayor Stifling said this is a valid request but is concerned about applicants coming through channels and would disadvantaged by changing the dates. Gideon Kaufman, represen- ting the Skiing Company, said this extension is very important to the Skiing Company. Kaufman said they are requesting this extension because it took the city a long time to adopt the SPA ordinance, ~nd the applicant is doing everything it can to accommodate the SPA ordinance. Kaufman told Council the proposed plan received Skiing Company approval in its current form, and. the application was submitted to the city the day after the SPA ordinance was adopted. Kaufman said the only thing keeping the Skiing Company from submitting a conceptual SPA was the city's not adopting the SPA ordinance. The applica- tion has been certified by the planning office as complete, and they have a date for P & Z. Kaufman told Council the applicant has met with the surrounding neighbors, most of whom support the project. Kaufman said they feel this is a minimal extension of the GMP submission dates. Kaufman reminded Council the Skiing Company submitted an SPA plan two years ago for this property. Kaufman said the applicant is moving through the process quickly but still cannot meet the GMP deadlines. Kaufman said the project planned for Little Nell incorpor- ates the lifts and hotel into a single time frame. There is a deadline of 1987 for the lifts. Kaufman said they are hoping no~ to have to tear up the entrance to Aspen mountain every year but to coordinate the effort. Kaufman said the ability to proceed in a timely fashion is so important, the whole project is in ~eopardy if this cannot be done. Mayor Stirling asked what would happen to the application if Council granted the lodge application date extension but not the commercial. Kaufman said the applicants would like the whole application to be looked at one time. Kaufman said the Skiing Company had to wait two years, and they are requesting a 3 month extension. John Doremus suggested a solution of separating the GMP application from the precise plan for this initial year. Doremus said the level of preparation is much different for the GMP than for the precise plan. Joe Wells said the GMP has always been intended to be a conceptual step; the precise plan is the equivalent of preliminary PUD and subidivision and is very detailed. Richman told Council the GMP dates are set based on the length of time it takes ~o go through the process so that applicants could build in the next construction season. Kaufman told Council the commercial quota they are seeking will not take the whole quota. Councilwoman Walls asked if there ls any lodge allocation left. Richman said the lodge allocation has been allocated into the future. Richman said the concept is that anyone has the right to compete whether an allocation exists or not. The Code provides the ability to give future years allocation. Richman told Council they have allocated 1985 and 1986 lodge quota, pending the decision on the change in use for the units in the Copper Horse and Alpina Haus, which would have an effect on the lodge quota. Jerry Blann, Skiing Company, told Council they only have 3 years to spend the monies from the Industrial Development Bonds. Blann said the applicants have a 43,000 square foot site at Little Nell and are trying to get the best application and do no~ want to separate the application. It will be very beneficial to do the project all at once. Councilman Isaac said he would like to give the Skiing Company the chance to compete this year because of the delays in the SPA ordinance. Kaufman said the Skiing Company has been on hold for two years and ~s asking for is a few months to accommodate the two years the city took. Mayor Stirling moved Council extend the lodge application date from October 1 to December 1 for 1985 for one time only; seconded by Councilman Isaac. Mayor Stirling said this is for the lodge quota only. Councilman Isaac withdrew his second. Mayor Stirling said the Council has to take some responsibility for the delay in adopting the SPA ordinance. However, there are applicants that would be effected by changing the commercial date, and the best compromise is to extend the lodge date. Mayor Stirling moved that the city attorney draw up an ordinance to change the lodge submission date, excepting L-3, from October 1 to December 1, 1985; seconded by Councilman Isaac. City Attorney Taddune said if there is no commercial GMP submission by August 1, Council can consider extending the commercial date. All in favor, with the exception of Councilwoman Walls. Motion carried. GOLF COURSE FOOD AND BEVERAGE SERVICE Assistant City Manager Ron Mitchell requested Council authorize staff to work with Sports Stalker to provide food and beverage service at the golf course, due to the Red Roof closing. This will be a temporary nature for the users of the golf course. Councilwoman Walls moved to authorize staff to enter into the appropriate agreements with Sport Stalker for food and beverage service at the golf course; seconded by Mayor Stirling. Councilman Isaac asked if this service should be put to a bid. City Attorney Taddune said that is the best practice; however, if this is put to bid, there~will be no service at the golf course at all. All in favor, motion carried. PARKING ENFORCEMENT PETITION - North Galena Street Rich Rianoshek, police chief, told Council the police and sheriffs department need 9 of the 12 parking spaces on the west side of north Galena street for emergency vehicles. Three spaces will be short term parking to accommodate the residents. Rianoshek said the staff has agreed to improve the snow removal of the alley and the parking lot behind the bank. The First National Bank has agreed to improve the lighting. Councilwoman Walls asked why the east side of Galena could not be used for emergency parking and cut down the number on the west side of the street. Rianoshek said the original agreement is that there was to be no parking on the east side as these vehicles get damaged a lot. Rianoshek said one of the alternatives is to add parking where the stables are located. Councilman Isaac moved to approve the actions taken by the city staff as outlined in a memorandum from Rich Rianoshek; seconded by Mayor Stirling. Councilwoman Fallin asked if there is a possibility of making the alley and north Galena one-way streets. Rianoshek said that is an option that is being considered. Councilman Isaac amended his motion to include one-way be studied; seconded by Mayor Stirling. Councilwoman Walls said her initial reaction was to do away with the stables but after receiving a letter from the lessee of the stables, there are very valid reasons not to do away with the stable. Councilwoman Walls said she would like to have that removed from the memorandum. Councilwoman Fallin said the stables could be relocated. Council discussed whether nine spaces was excessive or no~. Rianoshek said this is his best guess, and they will monitor the need and adjust as necessary. All in favor, motion carried. ~egu±ar ~eeslng Aspen ul~y uouncl± uu±y ~, l~D CONCEPTUAL PUD - Gordon Steve Burstein, planning office, told Council this is an application for three duplex units on a 2 acre parcel located near the Aspen Club. The access to the property is off the road going into the Aspen Club, through an easement over the Callahan property. Each duplex consists of a free market 3 bedroom unit and a deed restricted one bedroom unit. There will be a trail going across the land and a bridge to the Ute Children's park. Burstein said there are 12 conditionS attached to the recommendation, trying to identify the most important areas to be addressed at preliminary and final plat stages. One is the applicant show there is adequate access to the land from the parking lot, for the number of cars that will use it. Burstein told Council there is a water line loop proposed that is a good aspect of the project, and it is important that the water, sewage lines and fire hydrant be specifically located. The road widths have been a concern of the fire department, and this should addressed at preliminary plat stage. Burstein said stream margin review will be required. Burstein said three additional employee units will be located off-site as well as the three on site. Deed restrictions will be submitted at the time of preliminary plat. Stan Mathis, representing the application, said they have a problem with conveying the water rights to the city in the riverside irrigation ditch in an amount corresponding to the additional use of the proposed 3 duplexes. Mathis said the applicant only has a proportional sh~re of the cfs that runs through the ditch. Mathis said the applicant can only give the city what they have, and they are willing to give what they have. Mathis said there are 8 owners of the shares of the ditch. Mayor Stirling suggested amending the condition to have the city attorney work with the applicant to define what water rights are available. Mathis said the applicant does not want to go ahead and buy the off-site housing until they are ready to build the duplexes. One condition does not allow for a ~ certificate of occupancy until they provide the deed restriction. Mathis said maybe only one unit will be built, and the applicant should not have to buy 3 off-site units. Richmah said this is a reasonable request. Mayor Stirling agreed it is fair to amend the condition as each duplex is complete, the owner makes the commitment for an off-site unit. Councilman Isaac moved to approve the Gordon conceptual PUD with the 12 conditions in the planning office memorandum noting the changes on the water rights and the off-site employee housing; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Walls and Fallin. Motion carried. CREATING ZONE CODE REVIEW/SIMPLIFICATION TASK FORCE Mayor Stirling said he feels the task force is a good idea, and anyone who has planning experience and not a major project in front of the city should be asked to be on the task force Mayor Stirling said it is critical the task force know in advance the direction the Council would like them to go. Alan Richman, planning director, said the task force should not be developing zoning policies but should work with given products. Richman said there is a lot of~clarification needed in the Code. Richman said this should be a phased approach. Mayor Stirling moved to direct the city manager with the planning director to bring back as soon as possible a resolution articulating the charge of the task force; seconded by Councilman Isaac. All in favor, motion carried. INTERNATIONAL RESORT PARTNERSHIP Mayor Stirling presented an editorial strongly supporting this concept and having the city move ahead with the idea. Mayor Stirling told Council a local citizen to the Albouy report to Washington D.C. and made some excellent contacts. The ARA feels they need another 6 weeks to get the support of the community. Mayor Stirling said he feels the Council should select the cities to be sister cities, and recommended charging staff to start connections with Cortina, Italy; Chaminox, France; Zermont, Switzerland. Mayor Stirling said staff should also start work on the 20th anniversary of sister cities with Garmisch-Partenkirchen. Henry Goldsmith told Council he had sent the editorial to Annemarie Goebel in Garmisch. Goldsmith said Garmisch is very concerned that Aspen celebrate the 20th anniversary of sister cities. Mayor Stirling moved to charge the staff to initiate the official process of establishing sisterhood status with Cortina, Italy; Chamonix, France; and St. Anton, AUstria , and makes all efforts to continue the good relations with Garmisch-Partenkirchen, and prepare a plan for the 20th anniversary of sisterhood status in 1986; seconded by CouncilWoman Fallin. Councilman Isaac asked why this particular cities were picked. Roby Albouy told Council Chamonix has a sister-relationship already with Garmisch. St. Anton, Austria, is the birthplace of skiing. Albouy told Council Aspen is attaching themselves to mature, historical mountain resorts rather than the newer ones. Cortina is the old resort in the Dolomites. Albouy recommended holding off on Zermott or Wengen until the fall. A local citizen is travelling to Switzerland in the fall and will report back to the city. Councilman Isaac asked what Aspen is going to offer as incentives to become sister cities. Mayor Stirling said at first it is procedural, then work with the ARA and the ski companies to see what will evolve. All in favor, motion carried. Mayor Stirling asked for a status report at the next meeting on how the staff plans to proceed. 1984 AUDIT Finance Director Sheree Sonfield introduced Marvin Boyd, Alexander Grant, and told Council this is the first year Alexander Grant did the city's audit. Ms. Sonfield told Council she was very pleased with the work for a first year's audit. Marvin Boyd said the auditors examined the internal controls and found nothing of material weakness. Boyd listed items in the memorandum of advisory comments city ordinances, handicap accessibility, conflict of interest, investment policies, utility system inventory, and space management. Ms. Sonfietd told Council the comments in the memorandum have already been or are being addressed by staff. Boyd said the auditors gave an unqualified opionion on the city's financial statements. Boyd told Council the overall financial position of the city is very stable. Revenues in the governmental fund was $8,400,000 in 1984; expenditures decreased from $14,700,000 ~o $8,900,000 primarily due to capital projects completed in 1983 related to the Wheeler and land acquisition. Boyd expressed appreciation to the finance staff in the conduct of the 1984; it went very well for a first year audit. Mayor Stirting asked about the utility system inventory. Assistant City Manager Ron Mitchell told Council the new electric superintendent will bring recommendations for changing inventory in the electric department. Mayor Stirling asked about the investment policies but does have financial guidelines which do create an investment policy. Boyd said they feel the city needs written documentation which would maximize ~he investment portfolio, monitor the performance of the portfolio, have a committee to look at this area. Boyd suggested a committee of staff, elected officials and private citizens if Council chooses. Councilman Isaac said he served on the accessibility con%mittee, and they have completed their work. Councilman Isaac said he will presen~ this report before budget time. City Attorney Taddune said the memorandum s~ates there is no established procedure for conflicts of interest. Taddune said the city has an enacted city ordinance defining and establishing procedures for conflict of interest, adopted in 1979. Boyd said the auditors were not aware of this ordinance. Ms. Sonfield said the intent of this com~en~ is that statements of conflict would be filed and would be public knowledge. Council requested the conflict of interest ordinance be forwarded to the auditors. Council pointed out conflict of interests are stated on the record on an incident basis. Councilman Collins pointed out the letter of ~ransmittal is signed by Alexander Grant & Co. without any particular name. Boyd said there is no one individual that signs the reports. Boyd said this is a firm policy that cannot be deviated from, but he would send a separate letter with a personal signature. Councilman Collins said in other professions, letters are signed by individuals. Councilwoman Walls moved to accept the City of Aspen financial statements for the year ended December 31, 1984, audited by Alexander Grant & Co.; seconded by Councilwoman Fallin. All in favor, motion carried. 1986 BUDGET POLICIES Finance Director Sheree Sonfield told Council t~re are changes from last year at the city manager's request, incorporated in these policies. The budge~ should be presented by August 26; the budget hearings will take place in September, and the budget adopted in October. Ms. Sonfield said staff is asking departments to reduce the number of programs to a manageable level, to provide performance measures, overview goals. Ms. Sonfield told Council staff is project the sales tax revenues to increase over the 1985 budget 8 percent. Ms. Sonfield said the projections in past years have been very close to actual revenues. Mayor Stirling pointed out for 1981 through 1984, the projections were at or above the actual collections. Mayor Stirling said he is reluctant to accept the recommended fund level expenditure of 7 percent. Ms. Sonfield said the staff feels this is a conservative figure. Mayor Stirling said he would prefer to be more realistic. Ms. Sonfield said this 7 percent ~ncrease will be on a fund level, rather than each department. Councilman Isaac pointed out the process won't start for two months, and this figure can be adjusted. The total salary budget increase package is targeted at 7 percent. Councilwoman Walls asked why the pay equity study would no~ be implemented all a~ once. Assistant City Manager Ron Mitchell told Council the staff does no~ know the total cost yet, and will report back to Council. Ms. Sonfield sa±d the contingency budget will be $100~000. The asset replacement fund for 1985 was 6.2 percent, it is estimated for 1986 at 6.9 percent. All requests from the asset replacement fund will be reviewed. Councilman Collins said there is a question here of determining what the needs are, then budgeting for it. Councilman Collins said the asset replacement fund comes from payment in lieu of taxes as Holy Cross pays a franchise fee. Both electric rates are about the same but there ~s no reference to the refunds issued by Holy Cross. There is no corresponding adjustment to City of Aspen electric customers. Mayor Stirling said increasing the asset replacemen~ fund figure concerns him. Mitchell pointed out over the last 2 or 3 years, departments have had to cu5 back especially on maintenance. Projects keep getting approved, and departments have not seen increases in their maintenance budgets. Ms. Sonfield told Council s~aff is recommended the same mill levy as last year. Councilwoman Walls moved to adopt the budget policies for 1986 with adjustment to be made later; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stirling. Motion carried. FINANCIAL PERFORMANCE REPORT Cindy Shafer, Assistant Finance Director, reminded Council this repor~ is done periodically to keep Council informed of the city's finances. This report is the first since the final 1984 figures, and analyses the first 5 months of 1985. Ms. Shafer presented cash balances for 1984 and 1985 and the ratios are favorable compared to the targets established in the financial policies. Overall the city is in a strong cash position. Ms. Shafer told Council the general fund experienced savings in 1984 about $150,000. The 1985 general fund revenues are as expected, there could be $20,000 higher in telephone fees. There have been savings in personnel costs in the planning and engineering departments. Sales tax revenue collections for 1985 are $34,000 ahead of what was pro~ected; proper~y tax collections are greater than anticipated. Ms. Shafer told Council interest income is greater than expected. The land fund looks as expected; it has a s~gnificant cash balance but also has a significant debt. There were some sav~ngs in construction in the Wheeler fund, the real estate transfer tax fund ~s unpredictable. The water fund ended 1984 better than anticipated, due to savings in the operations budget. From 1985 through 1987 in the water fund, there is a decrease in the cash balance. Regular Meeting Aspen ~lty uounc~± -u~y ~, x~o~ The electric fund was on target for 1984, and appears to be for 1985. The golf course fund is very stable and revenues this year are ahead of last year. The golf course fund has a small cash balance, and capital improvements are paid for out of revenues from prior years. Ms. Shafer said there do not appear to be any new major ~ssues to be concerned about. Ms. Shafer pointed out the capital improvement program is not included in the cash balances. Council complemented staff on the report. ORDINANCE ~39, SERIES OF 1985 - Rezoning Sardy House ~o O, Office Mayor Stirling and Councilman collins announced they have conflicts of interest. Council- woman Walls moved to read Ordinance ~39, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE ~39 (Series of 1985) AN ORDINANCE REZONING THE SOUTH TWENTY FIVE (25) FEET OF LOTS F, G, H, AND I, BLOCK 66, THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, MORE COMMONLY KNOWN AS THE SARDY HOUSE PROPERTY, FROM R-6 (RESIDENTIAL) TO O (H) OFFICE (HISTORIC DESIGNATION) was read by the city clerk Councilman Isaac moved to adop~ Ordinance ~39, Series of 1985, on first reading; seconded by Councilwoman Fallin. Councilman Isaac asked if there is any off-street parking for this structure. Daniel Delano said there will be 8 spaces in the vacated alley and 6 spaces underground. Roll call vote; Councilmembers Isaac, aye; Fallin, aye; Mayor Pro Tem Walls, aye. Motion carried. ORDINANCE ~40, SERIES OF 1985 - Parking lots ~n O, office zone Councilman Isaac moved to read Ordinance ~40, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~40 (Ser~es of 1985) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE MUNICIPAL CODE TO PERMIT PARKING LOTS AND PARKING S~RUCTURES.AS CONDITIONAL USES IN THE OFFICE ZONE DISTRICT, PROVIDED THAT THE PARKING LOTS OR STRUCTURES ARE NOT LOCATED ALONG MAIN STREET was read'~y the city clerk Councilwoman Walls moved to adopt Ordinance.~40, Series of 1985, on first reading; seconded by Councilwoman Fallin. Councilman Isaac said he feels "along" is too vague. City Attorney Taddune said he will look for a better word. Councilwoman Fallin asked if there is a need in this ordinance to clarify a public parking lot as opposed to parking provided by an establishment. Taddune suggested adding the words "independent commercial space" in the ordinance. Gideon Kaufman said this amendment is for someone doing a parking lot or structure, independent of the required parking. Council requested staff work on more clear language for second reading. Roll call vote; Councilmembers Walls, aye; Collins, aye; Isaac, aye; Fallin, aye; Mayor Stirling, aye. Motion carried. MAROON HYDROPOWER PROJECT Assistant City Manager Ron Mitchell reminded Council they had asked staff to collect information on other hydropower projects ~o verify the potential of costs coming ~n lower than estimated. Mitchell told Council Sheaffer & Roland and Musick & Cope collected information and the costs range from S600/kilowatt to $3,000/kilowatt. Mitchell told Council there is a possi~ility the energy output will be 20 percent higher than originally estimated. Mitchell recommended spending $7,000 to do the design/construct bid process to confirm the economics ~f the project. Councilman Isaac said the listed water manage- ment changes listed in Sheaffer & Roland's memorandum are not acceptable at all. Dave Lombard said these water management changes could result if the city took a much more active role in managing th~.~ater resources. Lombard said these demands on Maroon creek listed could potentially be served by other sources of water. Lombard said the plant design does not change; the cha~ges ~isted are operational ~ssues Mayor Stirling moved to allocate S7,000 from the electric fund ~o do the design bid process; seconded by Councilwoman Walls. Councilwoman Walls said she favors this pro~ect because it will protect the city's water rights. John Musick said the city has been struggling to preserve the water rights, have been concerned about capital costs, and the water management changes. The water reduction methods may only be used 2 years out of 20. Mitchell told Council the new electric superintendent, Joe Dickinson, has a lot of knowledge about hydropower. Lombard told Council the pro3ect is forecast to begin saving money for the city on a curren~ year basis much earlier than the payback. All in favor, with the exception of Councilmembers Isaac and Collins. Motion carried. REQUEST TO USE RIO GRANDE PROPERTY - Car Show Stephanie, told Council she represents a small Denver company serving as a liason with the mountain communities and are interested in putting on an auto show in the Rio Grande parking lot. They have done this in Denver for a number of years and has been successful. Dealers bring two cars per dealership. Stephanie told Council no sales take place. They would need about half the Rio Grande lot, and are requesting it for August 10 and 11. The cars are primarily mountain-oriented. Assistant City Manager Ron Mitchell told Council that weekend is the Coors Classic race, and they plan to use the Rio Grande lot for s~aging area. Mayor Stirling asked if there was any precedence for this. Mitchell told Council Rubey park was used for a flea market, and Herron park was used for an arts show. ~.~ ..... · ...... ,~ aspen ~ty councl± July 8, 1985 Council said it would not be appropriate to take up so much of the parking during the Coors Classic bicycle race and suggested another weekend. Stephanie told Council she would like to do the car show when the music fesitval is still going on. Mayor Stirling moved to approve the car show at the Rio Grande for August 17, 18; seconded by Councilwoman Fallin. Councilwoman Walls said she would oppose an automobile show under any circumstances as not appropriate. All in favor, with the exception of Council- woman Walls. Motion carried. ORDINANCE 927, SERIES OF 1985 - Water Rate Reform Councilman Isaac moved to table this to August 12, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~36, SERIES OF 1985 Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance 936, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, aye; Collins, aye; Walls, aye; Isaac, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #37, SERIES OF 1985 - Excavation Fees Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #37, Series of 1985, on second reading; seconded by Councilwoman Walls. Jay Hammond, city engineer, told CounCil the Canyon Cable crews have had some trouble meeting the specifications and have assured staff they will replace incorrect patches and upgrade their specifications on the remaining work. Hammond told Council he plans on changing the format of excavation fees of having fixed fees as the difficulty of permits can vary. Roll call vote; Councilmembers Collins, aye; Walls, aye; Isaac, aye; Fallin, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #38, SERIES OF 1985 - Appropriations Councilwoman Walls moved to read Ordinance #38, Series of 1985; seconded by Councilman Collins, All in favor motion carried. ORDINANCE #38 (Series of 1985) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $2,100; APPROPRIATING GENERAL FUND EXPENDITURES OF $67,950; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $12,700; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $3,275; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $32,700; APPRORPRIATING WATER FUND EXPENSES OF $4,350; APPROPRIATING ELECTRIC FUND EXPENSES OF $35,000 was read by the city clerk Councilman Isaac moved to adopt Ordinance #38, Series of 1985, on first reading; seconded by Mayor Stirling. Roll call vote; Councilmembers Fallin, aye; Isaac, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. LIQUOR LICENSE TRANSFER -Arthur's Chinese Restaurant This is 5n application to transfer the liquor license to Adriaan Van't Hoff. Tom Kerwin· representing Van't Hoff, told Council this property is owned by the city and is leased to David Moss. 3ohn LaSalle was previously runnlng the restaurant as receiver and has determined not to run the restaurant. Kerwin told Council Hans Cantrup arranged financing and now is the owner of the land and has made arrangement with Van't Hoff for a sub-lease, Moss has leased this to Cantrup and Cantrup owns the land, which he bought from Rocky Mountain Mortgage company. Kerwin said the city has never had anything more than the basic fee.in the buildings and has a sub-lease. Kerwin told Council there is a provision in the agreement with the city for a re-purchase back and Cantrup has started this process.i City Attorney Taddune told Council the city moved to terminate the lease, and First Federal of Newton made the lease payments current. Taddune said Rocky Mountain Equity foreclosed on the leasehold interest, Cantrup acquired the interest of Rocky Mountain Equity. Taddune said there is priority financing by First Federal Savings Bank of Newton· Kansas, which is in the process of foreclosing its position, which would foreclose all other interests. Taddune said the city owns the land but it is subject by whoever owns it after the foreclosures. The mortgages encumbered the leasehold interest. Kerwin said the law about distance from a school has been changed, and it Ks no longer necessary that the city own the land. The applicant plans to return to Council and terminate the lease. Kerwin said they would like to get Arthur's open for the suramer season as they feel it ~s an asset to the community. Kerwin told Council Van't Hoff plans to run an oriental restaurant; the matter of the name has not been decided. Taddune suggested granting the transfer be specifically upon full compliance with all liquor regulations as well as compliance with the possession require- ments and paying all arrearages to the city. Councilman Isaac moved to approve the transfer of the liquor license at 132 West Main to Adriaan Van't Hoff with the city attorney's conditions; seconded by Councilman Collins. '3936 Regular Meeting Aspen City Council July 8, 1985 Councilwoman Fallin said Arthur's requested outdoor dining from P & Z, which was granted with certain conditions, one of which was to provide off-street parking. Councilwoman Fallin said P & Z had a lot of complaints from the neighborhood about parking and about delivery trucks. Arthur's never complied with the off-street parking request. All in favor, with the exception of Councilwoman Walls. Motion carried. CONSENT AGENDA Councilman Isaac moved to approve the consent agenda; seconded by Councilwoman Walls. The consent agenda is mall leases for Red Onion, Paragon, and Aspen Mine Company. All in favor, motion carried. RFTA GOLF PASSES Councilman Collins said since the previous discussion, he discussed this with Jim Holland, parks director, to see if there is an abbreviated golf pass that could be made available to the Roaring Fork Transit Agency employees. There is a twilight pass, using the golf course after 4 p.m. in September and after 5:30 until then. Councilman Collins said his position is that when these employees transferred from city employe to RFTA, they would no~ lose any city benefits. Councilman Collins said these passes as well and ice rink and pool priveleges should be available for RFTA employees. It as incumbent upon the city ~o look at this on a one year only basis. Councilman Collins moved ~o authorize the director of leisure services to make this twilight golf pass available to employees of RFTA, as well as pool and ice rink privleges on a one year only basis; seconded by Councilwoman Falli~. Councilwoman Walls said if this is just for the rest of this year, and not taken as an example of years to come, she would support this. Council will examine the entire golf pass at budget time. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling moved to continue the Council meeting at July 15 at 4:45 p.m. for an executive session on the Red Roof Inns; seconded by Councilman Isaac. All in favor, motion carried. Council left Chambers at 10:40 p.m. Kathryn S./Koch, City Clerk