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HomeMy WebLinkAboutminutes.council.19780710 ReguLar Meeting JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley called the joint meeting to order at 4:10 p.m. with Councilmembers Isaac, Van Ness, Wishart, Behrendt, and Parry, and Commissioners Child and Kinsley present. Also present were City Manager Mahoney, County Manager Ochs, County Attorney Stuller and City Attorney Ron Stock. 1. Emergency Medical Services. Mayor Standley told the Boards there is no action because ~ program (no action) this group has not had their meeting yet. 2. Supporting Ski Insurance. The legislation for this has not been drafted yet. Ski Insurance 3. A-95 Review: Statewide Supplement Economic Development Assistance. Commissioner Economic Kinsley said activity ~1 is inappropriate because public service is a corporation. Mayor Development Standley was opposed to number 2; Commissioner Child was opposed to number 4. Councilman Assistance- Isaac said this grant does not help Pitkin County at all. Mayor Standley said there are Statewide surplus funds available to deal with urban strategy development for number 2. Councilman Isaac said he felt this is a waste of taxpayers money. Mayor Standley pointed out that COG could be doing number 4, Souther Colorado economic assistance. This application will create a bunch of single jobs that are a duplications of jobs that already exist. Kinsley agreed COG could do these things with technical assistance provided by existing state resources. The money shou~/d be funneled into COG. Mayor Standley said the money could be given to each COG to deal with the problems of their own areas as they see fit. This would be of much more value to the communities. Commissioner Kinsley moved to write COG and outline the points that the money should be focused on COGS, that existing state resources could provide technical assistance; there may be merit to some of the elements of the program as described, may be going to low income and minorities, but it is ambiguous enough to ignore these and simply be providing economic benefits to corporations that don't need it at this point; this could be used by COGs to help finish and implement the OEDPs and subsequent Federal Funding requests through EDA; seconded by Councilman Behrendt. All in favor, motion carried. 4. Red Mountain Repeater Site. Mahoney reported this is still hanging. He has asked Red Mountain Ron Stock, County Attorney Stuller, George Ochs and himself to work on it. The repeater is working, they have the backfill, they have the bulletproof door on. The question Repeater Site whether the electricity comes is not pertaining to this. Mahoney said he would wait for Stock to start work. Mayor Standley told the Boards he had heard the reason the City is having trouble getting hot mix to patch the streets is because a certain gravel operator told Korn they wouldn't sell him gravel if they were going to sell hot mix to either the City or County. Mayor Standley said he would l~ke to see if this could be justified. Mahoney said he and Ochs would work with the City and County attorneys to find out what is going on. Council went into an executive session at 4:30 p.m. until 5:10 p.m. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of the June 12, 1978, meeting; seconded by Councilman Van Ness. All in favor, motion carried. ACCOUNTS PAYABLE There were no accounts payable CITIZEN PARTICIPATION 1. Francis Whitaker had submitted a letter to Council regarding the fountain in Bass Bass Park- park, these people are on the agenda tonight for something else. Mayor Standley said Jim Holland, parks director, was at the parks meeting and said he would take care of the fountain fountain. COUNCI LMEMBER COMMENTS 1. Councilman Isaac praised the police department for the good job done on the Fourth of July, and said he thought it went well. Councilman Isaac said he thought the job done Fourth of July Police Dept. with the Red Zinger bike race today was ridiculous; the course was cancelled at the last minute. There was no system set up to get the cars parked off the course. City Manager Mahoney told Council he had tried to contact representatives of the race Friday, and they told Mahoney they couldn't meet with him until 8 a.m. today because of the other races. Red Zinger Mahoney said the only directions they got were to have the street swept and the potholes fixed; both of which were done. They wanted barricades at the intersections, which was bicycle race ~ done. It wasn't until 1:30 that they said they wanted the cars off the streets. Mahoney said there was no way they could get all the parkeft,~.cars off the streets. It was a matter of poor communication. Mahoney pointed out it was ~h~ir race, and the City was supposed to help coordinate. 2. Councilman Isaac said he would like to h~ve a reco'nsideration of Arrowhead project. Arrowhead Some of the comments at the P & Z meeting were not brought up at Council meeting. ~ reconsideration Councilman Isaac moved to put reconsideration of Arrowhead on the agenda; seconded by Councilman Behrendt. All in favor, motion carried. Albie Kern told Council he would be glad to have this considered at the next meeting due to the length of the agenda. Councilman Isaac made a substitute motion to have this reconsidered at the next meeting; seconded by Councilman Van Ness. All in favor, motion carried. Fireworks 3. Councilman Van Ness thanked members of the fire department who went up on the mountain and shot the fireworks off on the Fourth of July. They got nothing out of it; in previous years they collected money in the park. 4. Councilman Van Ness told Council he had had at least half a dozen complaints about the stop sign in the Maroon Creek and highway 82 intersection. It is right in the road. ~! Highway 82 Councilman Van Ness asked if the City had jurisdiction, and who put it up. Mayor Standleyi!Mar°°n Creek agreed it should not be there. Mayor Standley said he thought the City technically has stop sign jurisdiction on all roads within 3 miles of the City, and asked City Attorney Stock to check on that. Councilman Behrendt asked the staff to investigate who put it up and ask them to make it'more safe. 5. Councilman Behrendt asked if Council was going to receive an up-date on the Braun issue. Mahoney said the issue was in Braun's attorneys hands now. Councilman Behrendt Braun issue asked what Council could do about this. Mahoney said Council would request the staff to insurance negotiate with Braun and appropriate the funds. Mayor Standley said this is a question of establishing precedence that the City's insurance company won't cover, and making the Council personally liable. The City's insurance company and attorney said the Council cannot break that precedence. Mayor Standley told Council he and Mahoney had met with Braun and told him they were 100 per cent sympathetic but they cannot expose the City. Mayor Standley told Council the insurance company offered to'pay medical. 6. Councilman Behrendt said he felt on the overall issue of firing that the City is running into too much trouble. Councilman Behrendt said he wondered if in most of the cases if it wouldn't have been possible to not get the ego of the third party involved quite so . city policy - riled up and to suggest that the person resign because things are not working out. firing e~ployees Councilman Behrendt said the City ought to find a policy that eases people out with more grace and dignity. Councilman Behrendt told Mahoney he supported the policy of people who have been removed in the past but suggested this be approached from a different teChnique. 7. Councilman Wishart asked if Council had an advocacy fund in the budget. Finance Director said the Council had put $2500 in common money. Councilman Wishart said he would~ like to spend $200 to bring another poet to town, same as last year. The money essentially Council money covers the poet's expenses; he will give a free reading and a free workshop. Mayor Standley pointed out the budget this year is a pool, and everyone has to agree on spending the money. Mayor Standley said he would agree but said this has to be put on the next agenda. It is an expenditure of money and should be on the agenda. 8. Mayor Standley told Council there is a letter from M.A.A. thanking Council for their M.A.A. contribution, contribution 9. Mayor Standley asked if anyone else on Council has a problem with the rafting boards set up around town. Mayor Standley said he did not know if they were licensed or even approved. There is one at Guido's; a board across the Village Pantry steps, one at the Rafting companies Sinclair station. Mayor Standley said these are probably in vi. olation of the sign code boards around and not having a business license. Mayor Standley asked that the building inspector look town into these. Ms. Butterbaugh told Council some of these businesses are licensed but have moved locations. Councilman Behrendt asked what is being done about the trailer on the lot across from the post office. Dunlop told Council that the latest occupant had a city business license and a lease but has since moved to the Sinclair station. The trailer is pre-existing to any Trailer- Pope zoning laws, and Dunlop has worked with Rowland to keep the weeds and garbage off. Rowland's prop. SPACE FOR RENT IN WHEELER OPERA HOUSE Mayor Standley reminded Council the Chamber of Commerce had asked for the vacant space Wheeler Opera on the second floor of the Wheeler. Councilman Wishart had asked that this be advertised, i!House space - H. J. Stalf told Council that he had one call and the people never got back to him. ~Chamber of ~ C~ce Councilman Behrendt moved to approve the Chamber's request for space on the second floor of the Wheeler; seconded by Councilman Isaac. This will be rent free, same as their spacel is now. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Bagel Nosh Dunlop told Council he conditionally approved this with an inspection schedule for Liquor License compliance work. Councilman Isaac moved to approve the renewal conditioned upon Dunlop's Renewal -Bagel clean bill of health; seconded by Councilman Parry. All in favor, motion carried. Nosh BUDGET REPORT Finance Director Lois Butterbaugh told Council Janet Roberts is here to give a report. She is part of the County wide budget review committee formed last year. Each of the i Budget Report tax assessing groups were assigned people to review and monitor the process. Ms. Roberts had attended many of the City budget meetings. Ms. Butterbaugh told Council she had kept Ms. Roberts informed this year and given her material on the budget comparison proces§. Ms. Roberts told Council this year the ad hoc committee has been formalized into a financial advisory board at the County level. This board has been created by the County Commissioners as an advisory committee. The budgeting involvement last year consisted mainly of attending Council work sessions leading up to the formalization of the budget. This year they would like to get more involved, mostly at the department level. Ms. Roberts said she felt the work sessions last year were somewhat disorganized and not very good towards accomplishing goals. This year's budget process should be more streamlined than last year's as it is hard to review all the data. The City has gone to program. budgeting and this is much better for review process than line item budgets. Ms. Roberts recommended earlier budget planning, which the City is getting into, in terms of Council giving policy decisions to the various departments ahead of the budgetting process. Last year, policy decisions were made at the time the budgets were prepared. Ms. Roberts said she would like to see an ad hoc board appointed to give the same kind of input she is trying to give the County. The City is to a size where what is going on needs to be reviewed more often than just at budget time. Ms. Roberts said efforts shouldl be given to coordinating the City and County since there are a number of joint projects that may come up in the future. ~egu±ar ~ee~ng Aspen ~ty Council July 10, 1978 AUDIT REPORT Frank Schneider, John Tilden and Bob Hamby presented~ the audit report to Council. Tilden 1977 Audit told Council there are some new reporting things this year and some innovative reporting. report Tilden pointed out the entire first part of the report deals with combining financial information. In the past, if you took all the various funds and look across and asked what the assets of the City of Aspen are, it would not add up. This combined balance sheet recognizes the fact that some of the assets are common to the extent there are receivables from one fund to another. The true available assets of the City are $20,171,000. Tilden told Council some of the assets are restricted while others are unrestricted for general use. By combining under a format that identifies restricted and unrestricted and identifies the liabilities satisfied by restricted and unrestricted assets gives the ability to say that the City is in a fairly healthy position. Neither group of liability give affect to the outstanding indebtedness of the City. In the audit there is a schedule of maturities by year, combined schedule of bond and interest requirements through maturity. Even if these were combined with the liabilities, there are enough assets to satisfy them. The combined financial statements give the City an overall view of where the City really stands and is meant to be a summary. Tilden pointed out the accountant's report is called a clean opinion; it is an unqualified report on the fair presentation of the financial statement. There are two items that are requirements of events that took place; (1) this is Scheider and Shuster's first year as the City's auditors and (2) a qualification of consistency of accounting methods; this deals with the change of the use of encumbrances. Tilden said the auditors approve of this change. Ms. Butterbaugh said the City had run into misunderstandings in the budgeting process because of the way encumberances are handled. Under municipal accounting because the source of revenue that was going to pay for that purchase order was coming in the same year they send the purchase order out, they pretend like it was already spent and put it into the actual expenditures. This causes a problem at the end of the year. The City is now doing the accounting and reporting just like any business; if you have the invoice in hand it is a liability. Ms. Butterbaugh said this is a much cleaner, more simple way to account. Ms. Butterbaugh said she felt this is a real improvement in control of the purchase orders. Tilden mentioned in liabilities that can be satisfied with restricted assets, there is a liability of refundable open space assessments at $136,000. This is reported as an expense and liability of 1977. Tilden pointed out the statement of revenues, expenditures and changes in municipal equity, the 1977 includes much of the no snow year with its problems in sales tax. Tilden told Council even as a result of that year, there is still a net increase in municipal equity of around $150,000. This increase is primarily a result of the enterprise fund to support the general and special revenue funds of the City. The City spent about $1,500,000 in the acquisition of fixed assets during that year. Tilden told Council this is very innovative reporting. This report shows the City's funds and basically the use of the funds. This enables people to get better insight to the statements. Tilden summarized that Council should read the statement in detail and make comments back if there are any. Tilden stated overall the City's financia% is fairly sound. The auditors do issue a letter of recommendation, this basically offers their thoughts of how things could be done differently. Bob Hamby covers the points in the letter. The first point covers the police pension fund. There is a requirement in the plan that an annual determination be made as to the actuarial soundness of the plan. There was none done for 1977. Hamby recommended Council study the plan and make their own determination. The report issued in 1976 pointed out some deficiencies in the plan, which are listed in the letter of recommenda- tion. The auditors recommend the plan be amended to give consideration to the potential weaknesses and the City consider obtaining liability insurance coverage. Ms. Butterbaugh said right now the City is very actuarial sound because there are no potential claims against the City. Ms. Butterbaugh said she plans to give Council a written status report on all these points. Hamby said the next point deals with lease of the mall space. The spaces were leased for three months, for restaurant extensions, some were open longer, and last year the places only paid one month rent. Procedures should be established to correct this. On cash disbursements, on the ones examined it was noticed that the supporting documents are not being property cancelled. Hamby recommended that a dollar limit be set on the amount of reimbursed travel vouchers and require supporting documentation. Hamby said the auditors noted that the former Mayor Pro Tem is still authorized on the City's checking accounts. Hamby told Council with respect to payroll, all full time employees are required to sign an authorization to have their checks directly deposited into the bank accounts. In some cases this is not being retained by the City. Regarding bank accounts, there were several closed in 1977, and this was not approved by Council. Hamb~ recommends that when an account is opened or closed, this be approved by Council. The auditors had a problem with the utility billing department and told Council they understood there has been money budgeted for performing a review of the billing system. There are some mistakes on the master system. They system is cumbersome. Tilden told Council they had viewed the overall operations of the finance department and the tasks each person does. The auditors did find that Ms. Butterbaugh is asked to do a lot of tasks and is spread very thin. Tilden recommended that some consideration be given to hiring someone with a strong accounting background to assist the finance director. The auditors reviewed the data processing operations and found the system to be very advanced and complex. The system is run by two individuals; Tilden recommended there be back up support and documentation for the system. ReguLar Meeting Aspen ~lty ~ouncl£ du~y 1U, 1~/~ Tilden told Council the audit is ready to go to the printers, but the auditors have to have a letter from the City's attorney before it can be considered complete. Ms. Butter- baugh told Council this is a unique type of reporting and the Municipal Finance Officers group has been pushing this type of reporting. Mayor Standley suggested Council go through the audit report. The first-meeting in August one of the auditors could come and discuss the report after Council has been through the audit. REFUNDING AND GOLF COURSE BONDS - Ordinances 9 and 27, Series of 1978 Don Diones, Kirchner/Moore, told Council Ordinance 9 speaks to refinancing sales tax revenues bonds in the amount of $6,030,000 and establishing an escrow account for the Bonds payment of the old bonds and buying federal securities to pay off the old bonds. Diones :~ Refunding & told Council in order to issue additional bonds, the City has to have coverage of 1.4 timesG°lf C°urse of the debt service. The ordinance re-establishes the reserve fund in the total amount of $700,000 to be accomplished by 1981. The ordinance provides for the pledge of revenue from city-wide sales tax, and if the monies are insufficient, provides for a backup of the County sales tax, City portion. Diones explained to Council that pages 2 through 6 are whereas's giving reasons for what is happening. Page 6 through 11 speak to the bond details and form. Page 12, section 5 speaks to the priority of this bond; section 6 speaks to the revenue bond fund itself and the flow of funds. Page 14 addresses the estab~ lishment of the reserve fund in the amount of $300,000. Page 16, section 10 are the covenants of the City which says the City will not repeal the ordinances establishing the sales tax. Councilman Van Ness suggested Council approve this on first reading, and have City Attorney Stock explain this to Council before second reading. Councilman Van Ness moved to read Ordinance ~9, Series of 1978; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #9 (Series of 1978) :Ord. 9, 1978 Refunding AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALES TAX REFUNDING REVENUE BONDS OF THE CITY FOR THE PURPOSE OF REFUNDING ALL PRESENTLY OUTSTANDING SALES TAX REVENUE BONDS, IN ORDER TO MODIFY AND ELIMINATE CERTAIN RESTRICTIVE CONTRACTUAL LIMITATIONS APPERTAINING TO THE CITY'S SALES TAX REVENUES AND TO SAID OUTSTANDING BONDS; PROVIDING THE FORM AND TERMS OF SUCH REFUNDING BONDS; PROVIDING FOR THE DISPOSITION OF THE INCOME AND REVENUE DERIVED FROM THE SALES TAXES OF THE CITY AND THE CITY'S SHARE OF PITKIN COUNTY SALES TAXES; PRESCRIBING OTHER DETAILS CONCERNING SUCH BONDS, SALES TAXES AND FUNDS PERTAINING THERETO; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AND EMERGENCY was read by the city clerk Councilman Wishart moved to adopt Ordinance ~9, Series of 1978; on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Van Ness aye; Isaac, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Ordinance ~27, Series of 1978, relateS to the $900,000 for the golf course. The two ordinances are different purposes but are tied together. The golf course is proposed to be self-sustaining; if not, there are the sales taxes to cover it. The ordinances esta~ lishes the golf course project at $770,000, and establishes $63,000 to be escrowed for 1979 pluse a $65,000 reserve fund. This is to make payments if there are deficiences. Diones said he did not see the City having problems coming up with the money for the operation of the golf course. Mayor Standley asked Diones in doing research and compari- sons, if he was satisfied that the type of performance required to meet the bOnd require- ment was achieveable within the length of seasons and type of visitors. Diones told Council he was basing this on 13 to 14,000 rounds; the comparable golf courses that were looked at, the minimum rounds was 18,000. An 18-hole golf course will create a different atmosphere. Diones said he felt the Council was going to have to have a two-fee structure~ local and non-local. Diones told Council they also had computed this on a 120 day season,~ and actually there are close to 150 days playable here. Councilman Wishart moved to read Ordinance #27, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~27 (Series of 1978) !lOrd. 27, 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GOLF COURSE REVENUE BONDS OF .Golf Course THE CITY OF ASPEN, COLORADO, IN THE PRINCIPAL AMOUNT OF $900,000, FOR THE PURPOSE OF ENLARGING THE MUNICIPAL GOLF COURSE IN THE CITY; PRE- SCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE PAYMENT THEREOF FROM THE NET INCOME AND REVENUE OF THE GOLF COURSE PROJECT, AND THE MUNICIPAL SALES TAXES; PROVIDING OTHER DETAILS IN CONNECTION THEREWITH, AND DECLARING AND EMERGENCY was read by the city clerk Councilman Behrendt moved to adopt Ordinance #27, Series of 1978; seconded by Councilman Parry. Roll call vote; CouncilmemberS Isaac, aye; Van Ness, aye; Wishart, aye; Behren~t, aye; Parry, aye; Mayor Standley, aye. Motion carried. FOUNTAIN ON MILL AND HYMAN Nick deWolfe told Council the original concept for the fountain was that it would be animated, driven by a computer. This is covering new ground and difficult to have an Fountain at animated fountain. The fountain will require a 10 to 30 horsepower plant. DeWolfe said Mill & Hyman it is mandatory to turn the fountain down when a motor vehicle comes up to it. DeWolfe said it is desirable to have this be controllable for wind. DeWolfe told Council that plan A is the fountain; plan B would be animation with the computer to liven it up. This fountain would separate that part of the mall from traffic on the cor~er. They have a good chance to get plan A done this summer. ~gu±~r meeu~ng Aspen ~lEy ~ouncll July Iu, Councilman Behrendt pointed out Under plan A the list of costs is $14,000. This list does not include any of the City's costs for in-kind labor. This looks like it will .~Fountain at represent a lot of money for the City in-kind. DeWolfe told Council they would install this fountain so that it can be taken out in the winter. DeWolfe said this is designed i Milt & Hyman to require a minimum amount of maintenance; there is an automatic starter. Travis Fulton said he felt they had a chance to get phase a done and make a workable fountain. They will then have the Winter to make the animation if everyone likes the idea. Fulton agreed if they tried to do both A and B it would not work. Ms. Butterbaugh told Council there was about $3300 available. Ms. Butterbaugh pointed oUt to Council that with a summer schedule, the parks and water departments do not have any extra help or time. Councilman Behrendt said he feels the location is wrong. Councilman Behrendt asked Fulton and De Wolfe to give the City a guarantee that the City will get something that Works or the funds will be returned. Councilman Van Ness suggested that the City Attorney draw up a contract which will pin DeWolfe and Fulton down to the City's expectations. Councilman Isaac said he was not much in favor of this project; the costs are too high, and are coming out of the land acquisition fund. Councilman Wishart pointed out the Council has talked about wanting a fountain in the mall, but the Council is going into budgeting for next year. This is not an appopriate time to be discussing supplementary fund. Mayor Standley said the City should see it work before they can know if they want to have the fountain animated. Then this can go through the budget process, Mayor Standley suggested reducing the budget to $11,000 and both the City and DeWolfe and Fulton can donate the labor. This would be a $5600 expenditure by the City. Councilman Van Ness moved the Council authorize the expenditure of $5600 plus up to $3000 in-kind to put in this fountain as proposed and that the City Attorney draw up a contract which will protect the City from cost overruns as well as spelling out terms of the agreement; seconded by Councilman Parry. City Attorney Ron Stock asked if Council was willing to accept a satisfaction contract, the terms would be upon inspection, the fountain would have to meet the satisfaction of Council. Councilman Behrendt suggested an agreement with a description of what the fountain will do, and an element of time involved. DeWolfe said he could list the minimum functions the fountain will perform. DeWolfe said he had problems with the paying of bills; if they order supplies, he would like to have the supplier paid. Stock said the contract would read they would do certain work, finishing up with an item that would perform stated functions, and after performing certain functions for a certain period of time, fUll payment will be made by the City. DeWolfe told Council an anticipated problem with plan A is the filter system, and how often it will be maintained. Councilman Wishart asked what happens if the fountain floods that end of the mall, or keeps it wet enough so that it acts as a barrier to people coming into that end of the mall. Mayor Standley suggested that DeWolfe agree to relocate it at the other end of the mall at no additional cost if it does not work at this end. DeWolfe said he felt that would be reasonable, and they will design the machinery to fit either grate. They will start at the Wheeler Opera House end of the mall, and if the consensus is that it doesn't belong there, they will move it. DeWolfe said he will guarantee it will work. Councitmembers Wishart, Parry, Van Ness and Mayor Standley in favor; Councilmembers Isaac and Behrendt opposed. Motion carried. SCULPTURE CONTEST AWARDS Mayor Standley told Council the Sculpture Contest Committee had requested money for cash Mall sculpture awards for three pieces of sculpture. Mayor Standley said this is a contest to buy contest awards mall sculpture, not pay cash awards. Mayor Standley said he only promised money to buy sculpture. Ms. Butterbaugh said it was her recollection at budget time that the Council only budgeted money to purchase sculpture. WORLD CHAMPIONSHIP OF PROFESSIONAL SKIING There was no one present so this item was not addressed. RESOLUTION ~13, SERIES OF 1978 - Allocating ~MP to LaTortue amd the Hutch Councilman Isaac moved to read Resolution #13, Series of 1978; seconded by Councilman Res. 13, 1978 Parry. All in favor, motion carried. Allocating GMP La Tortueand RESOLUTION ~13 The Hutch (Series of 1978) WHEREAS, in accordance with Ordinance No. 48, Series of 1977, February 1, 1978, was established as a deadline for submission of 1978 applications for residential, lodging and commercial development within the City of Aspen, and WHEREAS, in response to this ordinance three commercial projects were submitted for a total of 6,639 square feet of commercial space within the 24,000 square feet of commercial space available in 1978, and WHEREAS, duly noticed public hearings were conducted before the Aspen Historic Preservation Commission on March 14, 1978, and before the Planning and Zoning Commission on April 18, 1978, to consider the Growth Management apPlications and evaluate and score these applications in conformance with criteria established in Ordinance No. 48, Series of 1977, and WHEREAS, the Planning and Zoning Commission did by resolution evaluate, rank, and score the projects submitted in the following order: TOTAL TOTAL P&Z AVERAGE'~, HPCAVERAGE~W/OBC~US BONUS W/BONUS 1. Tom Thumb Building 54~5 sq. ft. 18.52 13.4 31.92 4.9 36.82 2. The Hutch 576 sq. ft. 12.42 6.6 19.02 2.18 21.02 3. La Tortue 608 sq. ft. 10.62 6.7 17.32 .56 17.88 WHEREAS, the City Council did adopt Resolution No. 12 allocating development in the amount of 5,455 square feet to the Tom Thumb Building but did not consider the Hutch and La Tortue at that time because both projects were ineligible, neither having received a minimum of the total available 36 point or 30 per cent of each category as required by Section 24-10.5(c) and WHEREAS, the City Council did adopt Ordinance 10, Series of 1978, an amendment to Ordinance 48, Series of 1977, which deleted the requirement that commercial project receive a minimum of 30 per cent of the points in the category of Community Commercial Services (Section 24-10.5(b) (3)), and WHEREAS, the Hutch and La Tortue are now eligible for development allotment, having received a minimum of 30 per cent of the points in each of the categories, Quality of Design and Historic Features, (Sections 24-10.5(b) (1) and (2)). NOW, THEREFORE, BE IT RESOLVED that the Aspen City Council hereby allocates commercial development allotment to the Hutch in the amount of 576 square feet and to LaTortue in the amount of 608 square feet and that these projects are authorized to proceed further with any additional approvals needed by the City of Aspen to secure building permits. AND BE IT FURTHER RESOLVED THAT the unused 1978 allotment of 17,361 square feet and the unused 1977 allotment of 6,215 square feet for a total of 23,576 square feet be carried over to 1979 for possible distribution at that (or a later) time unless Ordinance 48 is amended to revise the carry-over provisions was read by the city clerk Councilman Van Ness moved to adopt Ordinance #13, Series of 1978, seconded by Councilman Wishart. Ms. Smith told Council they had a option of carrying over the 23,576 square feet of unused commercial space to next year, or Council can specify as they did for loding and residen- tial that it be split between 1979, 1980 and 1981. Mayor Standley suggested that Council reserve this option until they decide what is happening. Ms. Smith said getting rid of the extra will be looked at in a total review. Councilman Isaac said he would vote against this because he does not like the rules being changed in the middle of the game. All in favor, with the exception of Councilman Isaac. Motion carried. PUD AMENDMENT/ASPEN CLUB Mayor Standley said the Council had been on a site inspection and had some specific questions for the planning office and applicant to address. Ms. Smith told Council the PUD Amendment Aspen Club's offer of continued low membership had no data to support that guarantee. Aspen Club The planning office is concerned about the intensification of the use; with new member- ship, there will be approximately 400 people using the club during the day. The applicant has provided a traffic management plan and parking enforcement; the planning office was concerned about traffic congestion. The planning office was concerned about the size and scale of the building, and admitted it was inappropriate for the PUD plan. Ms. Smith told Council P & Z had seen new landscaping and architectural plans provided by the applicant. The P & Z approved this amendment with the deletion of the western tennis court and the reconfiguration of the racquetball. This removes the planning office's objection to the cut into the ridge. The original, plan was totally contrary to the objections of the PUD, which is to integrate with the surrounding area. The western tennis court would have totally removed the buffer between the existing tennis courts and the property next door. The applicant reconfigured the building to within the existing excavation, also. There will be no modification of the terrain which buffers the two sites. Ashley Anderson, representing the Aspen Club, showed Council drawings of the view and told them the addition will be the heighth of the existing racquet ball courts. Ms. Smith told Council P & Z approved the conditional use subject to the western tennis court being removed; the footprint of the additional racquet court building being changed to conform to what Benedict had drawn on the plans; and landscaping next to the Benedict being immediately completed. The planning office would like the approval conditioned upon any landscaping that has been disrupted because of utility line placement redone. The P & Z final condition is approval of the traffic plan and parking restrictions. There are three approvals necessary; PUD amendment, exemption from full subdivision procedures, and approval of easement changes. Anderson told Council the Aspen Club had a specific landscaping plan, which will not change with this change. Mike Bellow, landscape architect, told Council with the new building they are not destroying the mound. Bellow told Council they did not submit a plan because the landscaping will be basically the same as what is there now. Anderson said the addition is basically going in a vacant space; there will be 8,380 square feet added. Anderson told Council he felt he had satisfied Benedict's objections. They have eliminate the major restaurant; they will not expand the existing restaurant° The land- scape plan will be basically the same. There was some concern about the varying types of memberships. Ashley explained the membership structure. Anderson said he felt the over- all benefits outweigh any sort of detrimental effects. Anderson told Council they plan to blacktop the gravel lot; it will be landscaped according to the original plan. This will be gated, and will be pay parking. If cars are not parked there, but elsewhere, they will be towed. The Aspen Club is working with Stalf on the City bus service coming every twenty minutes. Anderson said he felt it will be better than what is there now. Anderson said the Aspen Club will basically be subsidizing the City bus.service. Huss Aspen Club i told Council they expected 500 new members. Mayor Standley asked how they plan on cont'd . satisfying the City's concerns regarding the rate structure remaining in the range of ! locals. Anderson answered that it has been difficult to come up with some workable procedure. Anderson believes the reason they are expanding is so that the Aspen Club can take in more memberships, and the reason for this is to keep the costs down. If the rates go too high, people will drop out. That will be the built in control, once a year. Mayor Standley pointed out there is a carrying capacity; have the Aspen Club agree they will not carry more than 1700, and the only way they can get new members is the dropout of an existing member. The existing members would have the right to sell their membership. Huss Daid if there were an initiation fee they could do that. The annual fee amortizes the operating costs each year. Councilman Isaac asked what would happen if a lot of members do not renew. Huss said their indications are that this will not happen. They feel a strong influx from the community, and the Aspen Club can service it and keep the prices affordable. Anderson pointed out this was privately run, but it is a health club where people loin. Councilman Behrendt said this is not a club, is not going to be a club, and the members have no protection. Councilman Behrendt pointed out the Aspen Club is asking for an 8,000 square foot expansion and 500 additional members. This is half of the size of the shopping center that is going in. Councilman Behrendt asked if this expansion would require more employees. Huss answered perhaps 10. Mayor Standley said this needed action on approving or disapproving the PUD amendment to include 10,000 square feet on the recreation club itself and change the use of the Benedict house from dining facility to single family residence. Councilman Parry moved to approve the PUD amendment as outlined above; seconded by Council- man Van Ness. All in favor, with the exception of Councilman Behrendt. Motion carried. Councilman Parry moved to approve the request for exemption from full subdivision for easement approvals; seconded by Councilman Van Ness. All in favor, motion carried. H. J. Stalf told Council he felt there should be some provisions for on-going service of the buses. Councilman Isaac moved to amend the motion to include the addition of the transportation plan and the landscaping of easements for the entire Callahan subdivision; seconded by Councilman Wishart. All in favor, motion carried. BUS DESIGN APPROVAL H. J. Stalf reported to Council that John Deane, GOSH studioes, had told hime they were not willing to come down on their price per bus. Stalf said he felt this was committing the City to something for years. Stalf had also asked for a flat one time price; this Bus Design was more expensive. Stalf had asked for a design from Browne-Wolfe studioes for $125. If this is adopted, the City will owe them $500 for these designs. GOSH will be $125 per Approval bus for 30 buses. Councilman Van Ness said he did not see any great advantage in the City buses being identical to the County buses. Stalf agreed that it would be confusing; the City system is free, the County is a fee system. Stalf presented two sketches for painting the City buses. Stalf pointed out the City buses have a large grate in front, which is totally different from the County ones. The Council felt that the sketches were too similar to County design. Stalf said they would still use the Aspen Free Shuttle logo and the stripes would be the colors of the present City bus routes. Deane told Council he had had short notice about the request for a flat rate, but it would be more expensive. Councilman Behrendt suggested negotiating for a more reasonable price. Councilman Isaac moved that the City paint the new buses with the old design; seconded by Councilman Wishart. Councilmembers Parry, Isaac, and Wishart in favor; Councilmembers Van Ness Behre~dt, and Mayor Standley opposed. Motion NOT carried. John Deane told Council the Citizens Advisory Board felt that the buses should be totally integrated. The designs should be the same. The GOSH design for the buses is more than just stripes down the side. It was well thought out to be a pleasing design. Councilman Wishart moved to have the old design for the buses; seconded by Councilman Isaac. All in favor, with the exception of Councilman Behrendt. Motion carried. BUS AGREEMENT Councilman Van Ness moved to table until there is an accompanying ordinance; seconded by Bus Agreement/ Councilman Wishart. All in favor, motion carried. Mayor Standley pointed out there is Elder,Quinn for nothing in the agreement about when the buses have to be delivered. Mayor Standley stated 20 buses he wants a penalty clause; delivery of 10 and 10 buses and $500 day for penalty clause. (~bl~) ORDINANCE #19, SERIES OF 1978 Amending L-2 zone district to allow duplexes and single Ord.19, 1978 family dwellings Ame~dingL-2 zone to permit Mayor Standley opened the public hearing. Ms. Smith entered into the record a June 8 memorandum from the planning office; April 7 Kane memorandum to P & Z, and growth manage- duplexes and ment page 45, which is one of the reasons cited for supporting this proposal, stating ~,.single family the City of Aspen would do well to make a positive contribution to balance of the community. This amendment could reduce the tourist accommodations. Ms. Smith put up charts showing the remaining areas left to be built out. Essentially there are 343 units of lodging to be build out; 80 per cent if allocated over the next 15 years, or 18 units a year. The conclusion of the planning office was that if Council approves this, the portion for sinale family or duplexes would reduce these totals. This will accommodate the person with a small lot who cannot build a lodge on it. These will probably be expensive dwellings, but they are in the short term district. If one. builds an expensive!! single family or duplex, it doesn't conflict with zoning or growth managemen~ objectives.li Gideon Kaufman pointed out this is for the L-2 district. The L-1 is strictly designated !i for tourist only; L-2 does have residences in it. This will reduce the density without any adverse affects. Mayor Standley closed the public hearing. Councilman Isaac moved to read Ordinance ~19, Series of 1978; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~19 (Series of 1978) AN ORDINANCE AMENDING SEC. 24-3.2 (1) BY THE ADDITION OF SINGLE-FAMILY AND DUPLEX RESIDENCES IN THE L-2 ZONING DISTRICT AS PERMITTED USES, AND (2) BY DELETING AND RE-ENACTING THE INTENTION OF THE L-2 DISTRICT ADDING TOURIST ORIENTED SINGLE FAMILY AND DUPLEX UNITS was read by the city clerk Councilman Parry moved to adop~ Ordinance ~19, Series of 1978, on second reading; seconde~ by Councilman Isaac. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Wishart, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #20, SERIES OF 1978 - Goldsmith Water Extension Councilman Behrendt moved to table Ordinance #20, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. Ord. 20, 1978 Goldsmi~lWater ORDINANCE ~21, SERIES OF 1978 - Droste Water Extension Extesnion Councilman Behrendt moved to table Ordinance 921, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. Ord. 21, 1978 Droste Water Mayor Standley explained the Council had met with their water attorney, and he is not Extension interested in the way the agreement are at present. This will not be put on the agenda until they are ready. ORDINANCE #23, SERIES OF 1978 - Appropriations for Rio Grande and Rubey Park Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 23, 1978 the public hearing. Appropriations Rio Grande & Cguncilman Behrendt moved to read Ordinance ~23, Series of 1978; seconded by Councilman Rubey Park Parry. All in favor, motion carried. ORDINANCE #23 (Series of 1978) AN ORDINANCE APPROPRIATING $17,800 FROM THE UNAPPROPRIATED 7TH PENNY REVENUES FOR THE CITY'S SHARE OF RIO GRANDE BIKE PATH REPLACEMENT AND THE DURANT STREET (RUBEY PARK) BUS LOADING APRON was read by the city clerk. Councilman Parry moved to adopt Ordinance ~23, Series of 1978, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Behrendt, aye; Van Ness aye; Wishart, aye; Parry, aye; Isaac, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Mahoney told Council he had had a meeting with the Aspen Sanitation Board, and they have agreed if the City goes to Trout Unlimited and some other ecological groups in the community and their approval to dump snow on the old dump site by the San District, the Snow Du~ at staff will come back with a contract. This would be a great savings to the community; i!Aspen Sanitation if the City can't dump snow there, they will have to go a great distance. Councilman Behrendt asked how long the San District would exist as a processing unit. Mahoney said about a year; the City is planning on using the San plant in the future to process storm water. They will use the whole plant to hook up the City's storm draings. MAYOR'S DEED Councilman Behrendt moved to approve the Mayor's Deed for Lots C and D, Block 73, for Hayes -Lots C,D Mary Esbaugh Hayes; seconded by Councilman Parry. All in favor, motion carried. Block 73 ORDINANCE ~24, SERIES OF 1978 - Amending Animal Fines and Fees Councilman Isaac moved to read Ordinance #24, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. Ord. 27, 1978 Amending Animal ORDINANCE ~24 Fines & Fees (Series of 1978) AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY SETTING DOG LICENSE FEES AND PENALTY ASSESSMENTS FOR FAILURE TO LICENSE DOGS was read by the city clerk. City Attorney Stock amended the ordinance to read in (a) "such animal shall have the animal inoculated. Previously it read as if the owner would be inoculated. Councilman Behrendt moved to adopt Ordinance #24, Series of 1978, on first reading as amended; seconded by Councilman Behrendt. Roll call vote; Councilmembers Wishart, aye; Isaac, aye; Van Ness, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Regular Meeting Aspen City Council July 10, 1978 ORDINANCE 925, SERIES OF 1978 - Approving Panning Pontiac Leases (Saabs) Ord. Councilman Behrendt moved to read Ordinance #25, Series of 1978; seconded by Councilman 25, 1978 Parry. All in favor, motion carried. S~q~leases ORDINANCE #25 / (Series of 1978) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THREE VEHICLES LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND PANSING PONTIAC, INC., WHICH LEASES ARE EACH FOR A TERM OF 12 MONTHS AND PROVIDE FOR A MONTHLY RENTAL PAYMENT OF $165.00 FOR EACH VEHICLE AND FOUR VEHICLE LEASING AGREEMENT BETWEEN THE CITY OF ASPEN A_ND PANSING PONTIAC, INC. WHICH LEASES ARE EACH FOR A TERM OF 12 MONTHS AND PROVIDE FOR A MONTHLY RENTAL PAYMENT OF $185.00 FOR EACH VEHICLE was read by the city clerk Councilman Isaac moved to adopt Ordinance #25, Series of 1978; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Van Ness, aye; Isaac, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #26, SERIES OF 1978 - Approving Tow Agreement Ord. 26, 1978 Mayor Standley noted the Council had received a memorandum regarding towing by the City. Tow Agreement This points out the City might be able to make a little money, but the harrassmentand ill will are not worth it. Mayor Standley pointed out on the rate schedule d, e, and f are all the same thing, but you pay five times as much from 10 p.m. to 7 a.m. Mayor Standley said he did not agree with this, nor understand it. Why are there different rates at different times of the day. The rate structure is really unclear. Mayor Standley asked that the police department be present next meeting to explain this and to give the City's charge back to the public alongside the towing companies rates to the City. Councilman Behrendt moved to table Ordinance #26, Series of 1978; seconded by Councilman Isaac. NEWSPAPER RACKS City Attorney Stock had submitted a memorandum to Council on the provisions of the current Newspaper ordinances. 13-61 states there is no inherent right to use the sidewalks for the sale racks of good, wares or merchandise. If that is allowed, it has to be done by license. Councilman Behrendt suggested having the administrat.ion sit down with the various news- papers and work out an amenable solution. Mayor Standley pointed out there are so many private places these can be put, he would rather have them off the sidewalk. Mayor Standley told Council he had had a letter from the Bank of Aspen that there are five news- paper machine outside the Bank collecting garbage and obstruct pedestrian traffic. Mayor Standley said he felt it was a good idea if any business wanted the newspaper racks removed, they will be removed. The other should be licensed. Councilman Van Ness brought up the First Amendment and said the City cannot totally and indiscriminately ban news racks. Stock stated in his opinion the City's ordinance is constitutional and does not violate First or Fourteenth Amendment. The ordinance is not against any one specific vendor. This ordinance deals with sidewalks and their uses. Stock noted what is the result if this is enforced to its maximum; will it completely deny the public right to a free press. It will not because there are others areas the press can be purchased. Stock pointed out the reason the City of Aspen conStructs side- walks is not to allow newspaper vending machines but to allow the public a safe means of access. Councilman Behrendt suggested allowing certain locations if the businesses were willing to have them. Councilman Isaac moved to adjourn at 9:30 p.m.; seconded by Councilman Parry. All in favor, motion carried. Mayor Standley reminded Council of. the work session the next night at 7 p.m. Kathry~/~. Koch, City Clerk Regular Meeting Aspen City Council July 24, 1978 Mayor Standley called the meeting to order at 4:10 with Councilmember Behrendt, Isaac, Johnston, Parry, Van Ness and Wishart and Commissioners Child, Edwards, and Kinsley present. Also present City Attorney Stock, County Attorney Stuller, City Manager Mahoney and County Manager Ochs. !~,~, 1. Independence Pass Report. Karen Smith showed a film about travel on Independence ~' Pass they had put together for the Highway Commission. Ms. Smith said the film met with Independence success; however, the proposal did not. Jack Kinslinger was prepared with statistics i Pass report to show that large vehicles were those which were not involved in accidents. John I Gilmore, another Board member, agreed with Council these vehicles were an indirect cause