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HomeMy WebLinkAboutminutes.council.19780227 ~egu~ar ~ee~ng Aspen ul~y uounc~z ~'eDruary A regular meeting of the City Council was held at 5:00 in the Council Chambers of City Hall. Councilmembers present were Tom Isaac, John Van Ness, George Parry, Steve Wishart and Michael Behrendt. Also present were City Manager Mahoney and City Attorney Nuttall. MINUTES The minutes of the previous meeting were addressed by the members. Councilman Isaac moved to approve the minutes; seconded by Councilman Parry. All in favor, Motion carried. CITIZEN PARTICIPATION There were no comments from the public. COUNCILMEMBER COMMENTS 1. Councilman Isaac congratulated the Aspen Times, and publisher Bil Dunaway on their achievements of best publisher of the year, and Aspen's oldest business. 2. Councilman Isaac gave the members an update on the Holy Cross Visual Arts Board, on which he is the Council representative. The Visual Arts Board is looking for an architect Visual Arts they have advertised and are now reviewing those applications. Councilman Isaac discussed Board/HolyCrosS the $150,000 given to that Board by the City Council, and asked if, in giving this money, building the Council had committed themselves to the additional $150,000. The members of Council have been divided as to whether these funds were given as matching funds or full funds. Ms. Nuttall suggested addressing this at the time of the budge~ hearings for 1979. John Stanford of the Planning Office stated that his understanding, in having worked with the Visual A~ts Board, is that the additional $150,000 has no~ actually been committed by Council. It was the general feeling that if the Visual Arts Board thinks they will be getting an additional $150,000 next year there might no~ be the incentive for fund raising. 3. Councilman Isaac discussed designating the Aspen Townsite as Historic. Stanford reviewed discussions with Council that took place in April 1977 when Council was reviewing the Lake Avenue condominiums. This was also discussed and approved by Council at the Historic budget hearings for 1978 which took place in August and September. Stanford asked for Designation/ some direction from Council as to the specifics of what they would like to see as far as Aspen Townsite restrictions in the residential area, and whether this could be handled by establishing a FAR in the residential area. Councilman Wishart felt that spot zoning has been used in the past, and couldn't it be still. Bill Kane raised the question of exactly how far Council wan~s to go with this, should it be limited to new buildings, or extended to additions of existing buildings. Kane sees the number one benefit of historic designation as providing economic incentive to preserve historic houses. This could also be handled by individual designation as is done now. The subject has also come up through the Planning and Zoning where complaints have been made about the sizes of some of the new duplexes. There are FA~ recommendations being considered by the P & Z at this time, which would allow for a one-to-one review. Kane recommends that Council drop the historic designation of the townsite. Mayor Pro Tem Behrendt asked if any of the Council members wanted to put this item on the agenda. Councilman Isaac wanted to pursue this without doing away with it at this point. Council- man Isaac will work with the Planning Office on this and come back at a later date. 4. Councilman Wishart stated that he was informed that $1800 was spent in one week to fix the potholes on the streets, when the original estimate given to Council had been S800 every two weeks. City Manager Mahoney stated that they have done the best they Potholes can with this project, but it is winter and the streets cannot be fixed permanently right now. Mayor Pro Tem Behrendt felt that a ceiling should definitely be put on this project. Otherwise, it could go on indefinitely. This is the source of many complaints and at this point, Mayor Pro Tem Behrendt would say go ahead with it. Mayor Pro Tem Behrendt feels that the expense is going to be incurred either by filling the potholes, or fixing the buses which have to bounce over them every day. Councilman Van Ness thin~sthat Council should decide at this point how much they are going to spend. Mahoney said he did not think it will cost so much once it is under control. Mayor Pro Tem Behrendt recommended not more than $3,000 be spent on this. Councilman Parry moved to add this to the agenda; seconded by Councilman Isaac. All in favor, motion carried. Councilman Parry stated that if the City has to budget money to keep the streets repaired, Highway 82 do it. Councilman Parry moved ~o budget $3,000 for the repair of Main street (Highway 82) seconded by Councilman Isaac. Mahoney said he felt that they would have the cost down to about s800 a week. S1800 has already been spent, with this new encumbrance of $3,000, bringing the total for this project to $4,800. Councilman Wishart said he does not believe it is doing any good to keep up this expense. Ms. Butterbaugh stated that there are no funds in the general fund for this project. The money Which has already been spent ($1800) has come from the Street Department's summer budget, with the intention of replacing this before summer. Mahoney stated that Dick Prosence, District Engineer for the State Highway Department, already dislikes Aspen enough, which brought up the question of how the City is going to go abou5 billing this amount for repairs back to the State. Council.discussed this with City Attorney Nuttall. Ms. Nuttall stated that the best way to go about this would be to simply send them a bill, not a request, with an explanation of the hazards the roads presented in their present condition. Mayor Pro Tem Behrendt suggested also forwarding a copy of this to Governor Lamm. All in favor, with the exception of Councilman Wishart. Motion carried. Mahoney stated that the State has not stopped making some repairs, but he doesn't feel the mix they are using is adequate, and it doesn't last. 5. Councilman Van Ness discussed the subject of the Horowitz deal on Aspen Mountain. This entire question has been dealt with through the media, and he strongly emphasized that some of the material reported in the Times editorial was incorrect. ~ayor Pro Tem Horowitz/ Behrendt discussed this with Dunaway. The feeling of Council was that the media (Dunaway.)AspenMt. bldg is being used and put in the middle in this situation. Councilman Wish~rt asked Dunaway why he did not contact or at least check with Council before reporting facts that are not true. Mayor Pro Tem Behrendt awarded the booby prize for reporting to Bil Dunaway of the Aspen Times, and he received a round of applause. 6. Mayor Pro Tem Behrendt congratulated the Administration on the cleanliness of the City. Mahoney feels this is partly because the Parks Department has done a lot of work City Clean and helped out. Mahoney also asked that the idea of a performing arts center be addressed once again, and that the Planning Office resurrect the drawings and plans they had done on this project to present and discuss at the next Council meeting. A study session with Council and the Planning Office would be advisable after Mayor Standley returns. The Wheeler Task Force is having a study session with Council on the 16th of March, and it would be best to have the planning office study session prior to that time. On March 9 a breakfast/ski session is planned with Council, Planning Office, City Attorney and the press if they so desire. A study session could be held that evening at 7:00 to discuss the parking/performing arts project. APPOINTMENTS TO BOARDS AND COMMISSIONS The Council appointed alternates to the Aspen Mall Commission. Those alternates will be ~11 Cc~zlission Kent Bigalow and Andre Ulrych. Councilman Parry moved to approve this appointment; Bigal°W/Ulrych seconded by Councilman Van Ness. All in favor, motion carried. Councilman Parry moved to appoint Welton Anderson to the opening on Planning and Zoning; P & Z - Welton seconded by Councilman Van Ness. All in favor, motion carried. Councilman Parry thanked Anderson everyone that applied for their show of interest, and he was sorry there weren't more openings. Councilman Isaac moved to re-appoint John Kockx to the Board of Appeals and Examiners; seconded by Councilman Van Ness. All in favor, motion carried. Bd of Appeals Kockx CITY MANAGER City Manager Mahoney stated that last fall the administration was a little hesitant in asking for money for the Rio Grande, and there was an understanding with several Council- members that if it was a good winter, he would come back with a plan for the Rio Grande. Rio Grande Mahoney asked Council for their position on this and whether they want the Administration to go ahead with thi~ project. For $15,000 the existing parking area could be paved, landscaped, lights put in and make it a functional parking area. Mayor Pro Tem Behrendt feels that the study session on the 9th will decide exactly what is going to happen at Parking the Rio Grande; the planning office feels tha= this is a project for now, not the far future. Even if the Performing Arts Center comes into being, that will not be for at least two years, whereas the plans for the Rio Grande improved parking would take place this summer. Kane feels that all City ManaGer Mahoney is requesting at this time is the green light to go ahead and further study this project. Councilman Wishar~ felt that the City should go ahead with the work. Councilman Isaac doesn't see that it makes much difference at this point. Councilman Parry moved ~o give the City Manager the go ahead to come up with some figures as to the cost of this pro3ect; seconded by Councilman Wishart. All in favor, motion carried. Councilman Van Ness asked about the status of the Horowitz deal. Mahoney stated that a request for an executive session with Attorney Brandt had been made. Brandt was to have Horowitz/ delivered more information 5o Mahoney's office by Friday last, but was unable to do so Aspen Mt. Bldg. because he was unable to get in touch with Horowitz. They are still waiting on this information and can not really proceed any further without it. RESOLUTION ~5, SERIES OF 1978 - Commending James E. Moore Councilman Parry moved to read Resolution ~5, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. Reso. 5 RESOLUTION # 5 Co~aending (Series of 1978) James E. Moore land donation WHEREAS, James E. Moore has been a considerate and generous citizen and has contributed a considerable amount of land to the Aspen Park and Recreational programs; and WHEREAS, James E. Moore has recently donated additional land to the City of Aspen for use in its Park and Recreational programs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That James E. Moore be and hereby is commended for his generosity in contributing land to the City of Aspen and for his support of the Aspen Park and Recreational programs. That it is further resolved that this commendation be made a matter of public record and that a copy hereof be forwarded to James E. Moore. Councilman Wishart moved to approve Resolution ~5, Series of 1978; seconded by Councilman Van Ness. All in favor~ motion carried. SNOWMAKING AGREEMENT AND EASEMENT City Attorney Nutta!l stated that an agreement with the Ski Corp has been redrawn with Snowmaking some changes in the specifics of the easement. The Easement Agreement grants the City Agreement and Easement ~egu±ar ~ee~lng Aspen City Council February 27, 1978 of Aspen 100 feet in diameter for the water tank on the base of Little Nell. There are ~wo Agreements; one is the Easement for the water tank, and the second Agreement is an Snowmaking Agreement whereby the City sells water to the Ski Corp for their use in snowmaking during the winter and irrigation during the summer. ME. Nuttall stated that there was one Agreement/ problem which has not yet been resolved, that being how the rate for this water is computed. ~ Water Tank Right now it is basically computed by the total cost, divided by the total production Easement , and you come up with a figure which the Ski Corp will pay. This is computed by the current accounting methods, which could feasibly change over the next 30 years, which is the length of the lease. It Ks necessary for the City to be able to charge the Ski Corp what is costs. However, the Ski Corp wants to have these amounts tied down so they can be sure they will not have a grea5 increase in this amount. Tom Richardson, of the Ski Corp, discussed this with Council. Ms. Butterbaugh explained to Council this would create a problem as far as the City Ks concerned. If the City, being a municipal government, is required to change their accounting methods, then the rate computation would change. Richardson suggested the City keep two sets of books to keep from having to increase their rate if the City Ks forced to be regulated in their public utility rates. This figuring has to be done continuously throughout the year, figured in with the cost of depreciation. Ms. Butterbaugh suggested adding a paragraph to the Agreement that any changes required by the auditors be accepted by the Ski Corp. The City's cost is computed by operating cost plus depreciation. If a big overall change towards present value accounting, where you determine the present value of the equipment, as opposed to the historic cost, then the depreciation figure would raise and thereby increase the rate. Ms. Butterbaugh also stated there would be cases where the cost might go down. Councilman Parry asked if, in this case, would the rate increase be on an individual basis, or over all. The increase would be ~o all water users. Richardson is concerned if the wa~er rate is based on replacement cost, then the depreciation schedule would increase substantially and thereby their cos~ of water would increase. On a 30 year agreement this increase could be a great deal. Mayor Pro Tem Behrendt explained that the intention of, the City is not ~o raise the cost to the Ski Corp, but to make it accountable in some way. Markalunas, representative of the water department, feels that the formula the City is using, which is based on cost over the past five years, indicates that even if the rate does go up, it will be only cents, and not a great deal. The average cost per 1,000 gallons of water if 44¢. The problem the Ski Corp has at this point is they feel it is an "open ended agreement", and not a "sure thing". Councilman Van Ness agreed with the Ski Corp, and asked why they should expose themselves to this open type of agree- ment. Mayor Pro Tem Behrendt feels that at this point the City is locked in on this, and he doesn't feel the Ski Corp should be treated differently than the other water users. Councilman Parry also a~reed with this, and does not feel the City could feasibly exempt the Ski Corp from a rate ~ncrease that would be passed on to all City water users. It was decided that City Attorney Nuttall, Ms. Butterbaugh, Tom Richardson, and the accountant for the Ski Corp will work on this problem and resolve it. Mahoney stated that he had no problem with the Agreements or Easement. Councilman Wishart moved to approve the Agreement with the Aspen Ski Corp with the addendum that both accountants and the City Attorney come to a mutually acceptable agree- ment on the rate, and approving the Easement Agreement and Agreement for Purchase and Sale of water; seconded by Councilman Parry. All in favor, motion carried. GIFT SHOP AT CONTINENTAL INN City Attorney Nuttall stated that a question as to the use and legality of a gift shop in the Continental Inn was raised at the last Council meeting. The next day the shop was Continental voluntarily closed by Mr. Cantrup until the question could be resolved. Ms. Nuttall made an investigation regarding the law on this subject. This is a permissible, accessory Inn/conditional use, as long as it remains primarily for the use of the residents in that lodge, and they use cannot advertise. There was not, however, a building permit for this shop. Ms. Nuttall suggested justifying the building permit by having Council say there is no remaining problem. Cantrup has since obtained a building permit, which was presented to Council. Ms. Nuttall stated she had no problem with them re-opening immediately. Ms. Nuttall did request, that Cantrup obtain a business license for this gift shop. Mayor Pro Tem Behrendt stated that over the past there has been a lot of ill will and rumors between Cantrup and the City because of situations such as this. The City would just as soon get everything taken care of and cleared up at this point,aad that all regulations, licenses, and permits be respected. Ms. Buttall stated the "Special Inspector" system for Cantrup's businesses has been in effect for one week, and Mr. Cantrup has been very cooperative. FIRE DEPARTMENT LEASE City Attorney Nuttall reviewed a lease between the City of Aspen and the Aspen Fir~ Pro- Fire Dept. tection District with the members. This is more a matter of formality than anything. Lease Councilmember Isaac moved to approve the lease for the Fire Department; seconded by Council- man Parry. All in favor, motion carried. ORDINANCE ~5, SERIES OF 1978 - Bus Lease Ord. 5,1978 %.,bus lease This ordinance is a lease agreement for t~o Bluebird buses from Elder,.Quinn, and McGill, Inc. Attached also is an option to buy. The monthly rental is $4,290 per three months and the City shall be required to maintain all insurance liability. The term of rental is for 60 months. Regular Meeting Aspen City Council February 27, 1978 Councilman Wishart moved to read Ordinance ~5, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #5 (Series of 1978) AN ORDIN~CE APPROVING THE TE~S MD CONDITIONS OF A LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND ELDER, QUINN & M~GILL, INC., was read by the deputy city clerk. Councilman Wishart moved to approve Ordinance ~5, Series of 1978, on first reading; seconded by Councilman Isaac. All in favor, motion carried. Councilman Parry moved to adjourn at 6:35 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Ellen Atkins, Deputy City Clerk