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HomeMy WebLinkAboutminutes.council.19911209December 3, 1991 Pursuant to Section I hereby request: a special at noon to request an acquisition. 4.2 of the Charter of the City of Aspen, Council meeting Monday December 9, 1991, executive session on real property John S. Bennett Mayor i 4. ~ cat 130 Asp ~r (` en December 3, 1992 NOTICE OF SPECIAL MEETING At the request of Mayor Bennett there will be a special City Council meeting Monday, December 9, 1991 at 12:00 noon in the City Council Chambers, City Hall 130 South Galena, Aspen, Colorado. The purpose of this meeting will be a request for an executive session on real property acquisition. ~~ Kathryn Koch, City Clerk Notices delivered to: Mayor Bennett Councilmembers Augie Reno Frank Peters Margot Pendleton Rachel Richards City Manager Margerum City Attorney Caswall ~~ recycled paper Regular Meeting Aspen City Council December 9, 1991 PROCLAMATION - Elk's Aspen Lodge 100th Anniversary 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 3 LI UOR LICENSE RENEWALS 3 REVIEW OF LEGAL OPINIONS 3 RESOLUTION #50, SERIES OF 1991 - Establishing 1992 Mill Levy 3 RESOLUTION #41, SERIES OF 1991 - 1992 Budget 3 ORDINANCE #45, SERIES OF 1991 - Appropriations 4 ORDINANCE #43, SERIES OF 1991 - Community Center rezoning to Affordable Housing 5 ORDINANCE #42, SERIES OF 1991 - Ute Avenue Improvement District 5 REQUEST FOR FUNDS - Child care Committee Recommendation Early Learning Center 6 REPORT ON COPPER KETTLE NOISE COMPLAINTS 8 VEHICLE IDLING PROVISIONS 10 ORDINANCE #48, SERIES OF 1991 - Electric Refunding Bonds 10 ORDINANCE #49, SERIES OF 1991 - Extending CCLC 11 ORDINANCE #51, SERIES OF 1991 - Prohibits Moving Towed Vehicles 12 ORDINANCE #46, SERIES OF 1991 - Procurement Code 12 RESOLUTION #43, SERIES OF 1991 - Cemetery Lane Underground District 13 REQUEST FOR FEES WAIVERS - ACES 15 ORDINANCE #50, SERIES OF 1991 - Authorizing Installment Payments Nelson/Devore 15 17 Regular Meetinq Aspen City Council December 9, 1991 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Reno, Richards, Pendleton and Peters present. PROCLAMATION - Elk's Aspen Lodge 100th Anniversary Mayor Bennett and Council proclaimed December 13 - 14, 1991 as Aspen Elk's #224 weekend in honor of their 100th anniversary and recognized the message of brotherhood, tradition of the Elk's Lodge as represented by its many efforts and achievements. Mayor Bennett presented the proclamation to Tony Merkle and Don Huff representing the Elk's Lodge. CITIZEN COMMENTS 1. Bill Stirling told Council he has just returned from a conference in Japan. While there he visited a museum in Kyoto who fashioned their electric company after the Roaring Fork Electric Light and Power Company of 1888. There was a display honoring this relationship. Stirling gave the Council pictures of this exhibit. 2. Bill Martin told Council he has written a letter to the department of Transportation about street signs on Main street. Martin said he hopes in 1992 the city will do something about the signs and have uniformity between signs all the way up the valley. Martin said signs are missing or hard to read or find. COUNCILMEMBER COMMENTS 1. Councilman Reno said the city has issued an RFP for the animal shelter. Councilman Reno said Buzz Dopkins has expressed interest in giving input for what that proposal should have been. Council- man Reno said if the RFP has been issued, he would like to postpone the date it is due and work with PAWS so they can given input. John Goodwin, police chief, told Council PAWS has been involved in operating the shelter and the philosophy behind it. Goodwin told Council PAWS expressed an interest in being one of the applicants to run the shelter. Goodwin said it seemed inappropriate to involve PAWS in developing the qualifications for privatizing the animal shelter if they were going to be one of the applicants. Councilman Reno suggested the police department contact PAWS to see if they are still interested in being an operator. If they are the RFQ can stand. If they are no longer interested, the city should postpone the RFQ and get input from PAWS. Councilman Reno said he understands why the city did the process the way they did. Mayor Bennett said Council wants to see the operator be bound contractu- ally to maintaining the standards of treatment to animals that the community believes. These standards are high and rather strict. Goodwin told Council the present standards have evolved with the involvement of PAWS. 1 Reciular Meeting Aspen City Council December 9, 1991 2 . Councilman Reno requested to move VI (g) Resolution #51, 1991 - Ratification Nelson/Devore Contract moved to an action item. Council scheduled this IX(j). 3. Councilwoman Pendleton announced that the Galena street shuttle will start December 16th. There will be a ribbon cutting ceremony at 11:30 at the top of the parking garage. The shuttle will run 7 days a week. Councilwoman Pendleton said a lot of things have been donated and the city has not spent any money on this. 4. Councilwoman Pendleton announced that December 18th 8 a.m. to 10 a.m. the Aspen Community Partnership is having a discussion on drug testing in the work place. The speaker is Robert Beckey and it is at the hotel Jerome. 5. Councilwoman Richards asked the streets department schedule of paving potholes. North Mill street and Puppy Smith street need some attention. Amy Margerum, city manager, said staff will report back December 16th. 6. Councilman Peters requested to remove VI(i) Request to Waive Fees - ACES from the consent agenda and made it IX(k). 7. Councilman Peters thanked Jed Caswall, city attorney, for the work recently, not only routine work but also work on the compli- cated Billings sales contract as well as guiding Council on an administrative appeal of the Maroon Creek bridge decision. 8. Councilman Peters said a lot of work is being done on the kayak course. Council should stop by the Rio Grande and see the work. 9. Mayor Bennett reminded Council Senator Tim Wirth will be at the base of Aspen Mountain at 11 a.m. There is a service for the community to thank Senator Wirth for all his efforts with the EPA on Pitkin County's behalf. Mayor Bennett said there is a move afoot within the EPA task force to send a small group to Washington to talk with the director of the EPA, Bill Reilly. The city and county may be asked to share the cost of this. 10. Amy Margerum, city manager, told Council a site visit at the Ritz Carlton has been scheduled for January 6th at noon. Other meetings scheduled for Council are January 6 at 5 p.m. Goals; January 2 0th at 5 p . m . Water ; February 3 at 5 p . m . Financial Goals ; and February 17th at 5 p.m., Liquor License policy. 11. Amy Margerum, city manager, told Council there was a request to the parks department to remove snow from steps coming down from Lone Pine to the art museum. Ms. Margerum said rather than hiring 2 Regular Meeting Aspen City Council December 9, 1991 additional staff, the city could put money aside for contract labor. The parks department can handle this except when there is a big snow. Councilwoman Richards said this seems to be appropri- ate to get people out of their cars. Ms. Margerum said this will cost $1,000 from Council's contingency. This will be put on the consent agenda. Mayor Bennett suggested asking residents of Lone Pine if they would like to be the contractees. CONSENT CALENDAR Councilman Peters moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: A. Burnt Mountain EIS Comments B. Resolution #47, 1991 - Extension of recordation Aspen Meadows C. Resolution #48, 1991 - Extension of recordation Clarendon D. Towing Contract - D & D E. Request for Funds - Armory Hall Centennial F. Raw Water Service Agreement - Lipkin G. Resolution #52 1991 - CCLC Regarding Newsracks All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the liquor license renewals for Mother Lode, Little Annies, Eagle's Club, Explorer, Caribou Club, Steak Pit, Golden Horn; seconded by Councilwoman Pendleton. All in favor, motion carried. REVIEW OF LEGAL OPINIONS The city attorney's office presented opinions on requiring non- alcoholic beverages at special events and prohibiting "All You Can Drink" advertising. Council will discuss this at the liquor license policy work session February 17th. RESOLUTION #50, SERIES OF 1991 - Establishing 1992 Mill Levy Councilman Peters moved to table this to December 11, 1991, at 5 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION #41, SERIES OF 1991 - 1992 Budget Dallas Everhart, finance director, reminded Council their first work session on the budget was October 7th; there have been 16 sessions totalling 71 hours on the 1992 budget. When the process started there was a deficit of $822,000. Based upon the changes approved by Council the deficit is now only $145,000, a change of $676,000. Everhart reminded Council they have approved an increase 3 Regular Meeting Aspen City Council December 9, 1991 in business license fees which will result in $4800 increased revenues. This increase will be added to Ordinance #44 for second reading. The fees will be for 0 to 5 employees $150; for 6 to 15 employees $200; 16 to 49 employees $400 and over 50 $750. Everhart said this increase was not in the ordinance on first reading but will be included for second reading. Mayor Bennett opened the public hearing. Everhart said Council is to review the parks and open space capital budget. Everhart said this list contains costs for replacing the Pisten Bulley. The city has received a commitment from Snowmass and Pitkin County for their share of the capital projects. The $250,000 for the new trail and bridge improvements staff will return with a specific list. The $100,000 for open space new development will also be included on that specific list. The $200,000 for the cold storage building should be deleted. Truscott and Marolt lights are included. The Shoaf property for $800,000 has been deleted. There is $497,000 in projects remaining. This fits within the available funds in the parks and open space fund. Councilwoman Richards asked if the Marolt and Truscott lighting was going to be funded out of remaining bond proceeds. Councilman Peters said the projects have complied with their land use approval and have provided all the lighting they were supposed to. Councilman Peters suggested the lighting be deleted and Council can look at this again in 1992. Councilwoman Richards asked about funding for completion of the Rio Grande; this should be looked at early in 1992. Council is approving $17,000 for the Pisten Bulley; $250,00 for new trails; $100,000 for open space new development; $25,000 for the Marolt ditch; $25,000 for parks department raw water irrigation. Everhart told Council the city will be using park dedication fees to fund these projects. Councilman Peters requested, before the money is spent on the Pisten Bulley, what happened to the 1991 payments from Snowmass Village and Pitkin County. Councilman Peters moved to continue the budget hearing to December 11, 1991 at 5:00 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #45, SERIES OF 1991 - Appropriations Dallas Everhart, finance director, requested this be tabled until the next Council meeting. Councilwoman Pendleton moved to table Ordinance #45, Series of 1991, to December 16, 1991; seconded by Councilman Reno. All in favor, motion carried. 4 Regular Meeting Aspen City Council December 9, 1991 ORDINANCE #43, SERIES OF 1991 - Community Center rezoning to Affordable Housing Leslie Lamont, planning office, submitted exhibit A, the legal description of the property. Ms. Lamont told Council this is a rezoning from public to affordable housing. The parcel is the current Community Center site, owned by the county, located in city limits. The Common Ground Housing Association proposes to rezoning the property and subsequently go through subdivision development review. The property is 85,000 square feet. Demolition of the Community Center will take place except for about 6,000 square feet. The applicant proposes to put about 21 deed restricted units of one to three bedrooms. This has been to P & Z, who recommended approval of the rezoning. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance ##43, Series of 1991, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Reno, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #42, SERIES OF 1991 - Ute Avenue Improvement District Cindy Wilson, assistant city manager, told Council the Blue Ribbon Committee recommended against this project. Ms. Wilson told Council the staff is mixed on this project. Ms. Wilson said if the project is going to be done by the city at some time, it would be most cost effective to participate in the district at this time. Nick McGrath, representing the Lower Ute Improvement District, reminded Council the lower district was approved in Resolution #33 in August. If the city does not approve the upper district, the lower district can still be approved. McGrath said a comment was made by the Blue Ribbon Committee that this would facilitate development is unsound. Brooke Peterson, representing the upper district, told Council no one presented to the Blue Ribbon Committee what this improvement district really consisted of. Peterson said Council is in a difficult position because it is both a property owner and the approving entity of the district. Peterson said an improvement district will allow the property owners to pay for the improvements over a period of time rather than one upfront expense. Peterson requested Council consider allowing the district to be formed, exclude the city as a partici- pant and those improvements the city would be responsible for. Peterson said his clients would still like to do their improvements using the mechanism available for an improvement district. Mayor Bennett opened the public hearing. 5 Regular Meeting Aspen City Council December 9, 1991 Jim Martin urged Council to approve this district. This is a good deal for the city; the adjoining landowners are funding 85 percent of the project. The city is the largest single landowner on Ute Avenue. Martin said the Blue Ribbon Committee did not understand the scope of this district. Martin said the cost to the city over 10 years would be $8,000 per year. Les Holst, Blue Ribbon Committee member, said he understood the parameters and felt this was inappropriate. Mayor Bennett closed the public hearing. Councilman Peters said he supports the district; however, he does not support the city funding the district. Councilman Peters said it is probably not entirely correct for public funds to be taxed as part of an improvement district. Councilwoman Richards said she supports the forming of both districts and the funding of the districts as a property owner. Councilman Reno said the city has been through the process and has given these property owners information they relied on in the formation of a district. Mayor Bennett said he contacted some residents and workers in this area. Those he talked to are unanimously against the improvement district. One resident feels more people will use the street if it is widened. Some commented it should be kept rural, not change it, the speed limit can be made lower. Mayor Bennett said the danger in this area is the ice on the road, which will not be fixed by an improvement district. Councilwoman Richards moved to adopt Ordinance #42, Series of 1991, with the city's participation; seconded by Councilman Reno. Roll call vote; Councilmembers Peters, no; Reno, yes; Richards, yes; Pendleton, no; Mayor Bennett, no. Motion NOT carried. Council agreed to have staff prepare two separate improvement district ordinance for a future Council meeting. REQUEST FOR FUNDS - Child care Committee Recommendation Early Learning Center Cindy Wilson, assistant city manager, told Council she is making this presentation on behalf of the Child Care Committee. Ms. Wilson told Council the Committee, Early Learning Center represen- tatives, and local providers of day care met to discuss issues of child care. Ms. Wilson said the Early Learning Center has recognized some problems they have and is making efficiency and cost cutting changes. Ms. Wilson said the recommendations of the committee are made with the intent of giving guidance to the ELC and to help address some problems of the ELC. Ms. Wilson said the committee would like to see community consensus developed on the needs of child care and which of these needs should be subsidized. 6 Rectular Meeting Aspen City Council December 9, 1991 Ms . Wilson said the committee is not looking to avoid subsidies but to know about them ahead of time and to know what should be subsidized. Ms. Wilson said the committee's first concern is that review of applications be done fairly. Ms. Wilson said the committee has decided to reopen the process to allow child care providers to make application for funds from the city. The committee has changed the policy of these applications; any provider who is in a crisis situation, in danger of closing, the committee will work with that provider and will come to Council as soon as possible. This is how the committee looked at the ELC in this situation. The committee's recommendation is to fund the ELC of $40,000 for a six month period. The funds are to be dispersed on a monthly basis according to the need. This six month period will allow the ELC time to do better planning and to work with the community. The committee's specific recommendations are that the ELC be proactive in working with the community and with other providers to determine needs for child care, which needs are unmet, which needs should be subsidized by the city, and to determine which of these needs the ELC should respond to. The committee recommends the ELC develop a plan for more efficient use of space and teachers. The committee also recommends the ELC develop a short term funding plan and work with the Aspen Foundation for assistance. A main component of the recommendation is that the ELC develop a compre- hensive business and financial plan for June through December 1992 and for 1993. Ms. Wilson told Council the committee recommends a salary and rate survey and that the ELC examine their pay philoso- phy for their teachers, and if they are getting city subsidy that that philosophy be public information. Linda Karaus, child care committee, told Council the committee felt the ELC has strengths and reasons why it should be kept going. This facility is meeting child care needs that are not being met in the community currently. The ELC is providing service for 105 families. The location is convenient for Aspen. The ELC has a very dedicated board trying to make this operation work. The ELC has the opportunity to expand to meet the needs of the community in the future. Ms. Karaus said it should not be the responsibility of the ELC to manage the building; they are not in the property management business. Ms. Karaus suggested the city and school board get together to work on who should manage that building. Ms. Wilson suggested a joint work session with the school board. Councilman Reno asked who will be recommending what should be subsidized. Ms. Wilson said the group of child care providers and the child care committee will try to identify what should be subsidized. Councilman Reno asked if management of the school applied to the ELC or to any child care providers. Ms. Karaus said 7 Regular Meeting Aspen City Council December 9, 1991 the building is owned by the school board and they have some obligation in this process and the mandate that pre-school will be available to handicap children. The child care committee recom- mends leasing space to other child care providers in the yellow brick school building. Mayor Bennett said he supports the $40, 000, which will give time to come up with a community solution. Councilman Peters moved to approve the $40,000 grant to the ELC pursuant to the terms and conditions and recommendations of the Child Care Advisory Task Force; seconded by Councilwoman Pendleton. Councilman Peters withdrew his motion for public comment. David Lockren, board of directors ELC, thanked Council for their efforts in child care. Lockren said the ELC is pursuing the recommendations in the report from the child care committee. Ruth Stone congratulated CIVA and the Council for the efforts that have been made. Ms. Stone said this is a complex issue. Ms. Stone said she is not opposed to the ELC asking for money; they are filling a need in the community . Ms . Stone said the ELC has been hard on private providers this year. There have been some wonderful recommendations made by the child care committee. Ms. Stone said the role of the ELC in Aspen ought to be redefined. The issue of what is an affordable need in the community ought to be addressed. Ms. Stone suggested the city look into buying the yellow brick building and having child care providers share in the rent and the upkeep. Ms. Stone said she is opposed to long range money for the ELC, so a plan needs to be adopted. Ms. Stone said she is concerned that the community is looking at the .45 sales tax as a windfall and a bottomless pit. Councilman Peters moved to approve the $40,000 grant to be dispersed over six months to the ELC pursuant to the terms and conditions and recommendations of the Child Care Advisory Task Force; seconded by Councilwoman Richards. All in favor, motion carried. REPORT ON COPPER KETTLE NOISE COMPLAINTS Tom Dunlop, environmental health department director, told Council noise generated from nightclubs has been a concern of the community for a number of years. Dunlop said the city can buy an instrument which can differentiate between frequencies of sound. The difficulty is in picking the right number to develop a standard, a varying standard which would have a band of numbers per district. These would be tied to a specific base frequency. Dunlop recom- mended the ordinance remain the way it is with the understanding that should information become available to investigate this type of noise ordinance, this will be brought back to Council. 8 Regular Meeting Aspen City Council December 9, 1991 Sirous Saghatoslami, owner of the Copper Kettle, told Council he has tried very hard to please the neighbors. Saghatoslami said he implemented recommendations from an engineer costing over $150,000. Saghatoslami said all this work was in reliance on the existing ordinance. Saghatoslami said his sound improvements over the last 2 years have made a lot of difference. Saghatoslami said the buildings near the Copper Kettle are old and not well insulated. Saghatoslami said there is noise generated from his establishment, but they are within the law. Saghatoslami said the only measure- ment from his building that was not within the law was next to the Ski Company's property and the gondola building. Saghatoslami pointed out the Ski Company has a noise variance for snowmaking. Don Helmick, manager North of Nell building, said this is not a liquor license situation but a zoning situation. Helmick requested staff look at the permitted uses for the Tippler. Helmick said there are logs of complaints from North of Nell guests. Helmick told Council the former management initiated a lawsuit against the Copper Kettle. The guests cannot enjoy the premises for what they are designed for; the zoning is primarily residential. It is not very practical to have people not enjoying the primary use due to one neighbor. Helmick told Council the North of Nell has spent about $60,000 to $100,000 to provide sound protection; however, the base frequency goes through anything. The equipment the city has does not measure base frequency. Bill Butler, assistant general manager condominium rentals, reiterated this is not commercial core and is zoned lodge/tourist/ residential. Butler said a solution for this type of disturbance needs to be planned. Butler said Saghatoslami's attempts have had some effect; however, the base is still a problem. Mary Faulkner, owner of the Tipple Lodge, said the noise is loud and keeps people up all night. Ms. Faulkner said it is hard to explain that the city finds this legal. Dunlop told Council under the present ordinance, the term commercial and lodge carry the same number of maximum sound readings. Dunlop pointed out the variance for the Ski Company is for snowmaking and has nothing to do with the night club noise. The Ski Company has an understanding they will use the best available technology for their ski making equipment. They orient the nozzle so they are less intrusive to the neighborhood, if possible. Councilwoman Pendleton said there should be a way to solve this so all entities can stay in business. Councilwoman Pendleton said this cannot be the only community with this problem. Councilwoman Richards said it is inappropriate to continue to ignore a public nuisance. Mayor Bennett requested staff continue to investigate changes to the noise abatement ordinance to include octave band analysis. Saghatoslami said he is willing to continue to investi- gate noise dampening effects as long as the surrounding businesses 9 Regular Meeting Aspen City Council December 9, 1991 also do that. Councilman Peters said the Council should not be processing a new community noise standard based on one isolated incident. The best way to proceed is through a diligent and thorough approach to the problem. Councilman Peters said nuisances can be established in court that would supersede any laws and regulations of the city. This is the responsibility of any aggrieved parties. Councilwoman Richards said this winter's complaints should be recorded. Also the city should be enforcing any standards on the books. Dunlop told Council his staff will go and make decibel readings throughout the town during the winter and keep a record of this. Council agreed staff should keep working on a defensible standard for the entire community. VEHICLE IDLING PROVISIONS Tom Dunlop, environmental health department director, requested this be tabled to the first meeting in January in order to receive input from the Clean Air Board. Councilwoman Pendleton moved to table this to January 13, 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #48, SERIES OF 1991 - Electric Refunding Bonds Councilwoman Pendleton moved to read ordinance #48, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #48 (Series of 1991) AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION ELECTRIC REFUNDING BONDS, SERIES 1991, IN THE PRINCIPAL AMOUNT OF $6,390,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ADVANCE REFUNDING OF A PORTION OF THE CITY OF ASPEN, COLORADO GENERAL OBLIGATION ELECTRIC REFUNDING BONDS, SERIES 1985 AND THE CITY OF ASPEN, COLORADO GENERAL OBLIGATION ELECTRIC BONDS (MAROON CREEK HYDRO- ELECTRIC GENERATING PROJECT) SERIES 1987, TOGETHER WITH ALL NECESSARY INCIDENTAL APPURTENANT COSTS AND EXPENSES THEREWITH; PRESCRIBING THE FORM OF SAID SERIES 1991 BONDS; PROVIDING FOR THE SALE OF SAID SERIES 1991 BONDS AND APPROVING A BOND PURCHASE AGREEMENT; PROVIDING A PLEDGE OF THE FULL FAITH AND CREDIT OF THE CITY AS SECURITY FOR SAID SERIES 1991 BONDS; PROVIDING OTHER DETAILS IN CONNECTION WITH SAID SERIES 1991 BONDS; APPROVING THE FORM OF THE OFFICIAL STATEMENT AND A CERTAIN ESCROW AGREEMENT; DECLARING AN EMERGENCY AND PROVIDING FOR THE EFFECTIVE DATE OF THIS EMERGENCY ORDINANCE was read by the city clerk 10 Regular Meeting Aspen City Coun_c_il December 9, 1991 Steve Jeffers, Kirchner/Moore, told Council he and staff have looked at doing an advance refunding of the city's outstanding electric bonds. If the city can state when it issues bonds than it's intent would be the entire amount of bonds issued in a given calendar year not exceed $10 million, banks can buy the bonds and deduct the entire interest earnings on the bonds as tax exempt income. Jeffers said interest rates are low and the opportunity was attractive for an advance refunding. To meet the time schedule to do this refunding in 1991, it is necessary to do this as an emergency ordinance. Jeffers told Council the city will refund the just the bonds after the call date in both issues. Jeffers told Council the savings will be $200,00 in present value after all expenses have been paid. Councilman Peters moved to adopt Ordinance #48, Series of 1991, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #49, SERIES OF 1991 - Extending CCLC John Worcester, assistant city attorney, told Council this ordinance extends the life of CCLC for 5 years. The ordinance gives them the same duties and responsibilities as they currently have. Councilman Peters moved to read Ordinance #49, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #49 (Series of 1991) AN ORDINANCE APPROVING A RENEWED TERM OF OPERATION FOR THE COMMERCIAL CORE AND LODGING COMMISSION UNTIL DECEMBER 31, 1996, DESCRIBING THE COMPOSITION, TERM AND QUALIFICA- TIONS OF COMMISSION MEMBERS, THEIR POWERS, AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING COMMISSION AND ESTABLISH- ING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING COMMISSION IN EXERCISING ITS FUNCTIONS was read by the city clerk Councilman Peters moved to adopt Ordinance #49, Series of 1991; seconded by Councilman Reno. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. 11 Regular Meeting Aspen City Council December 9, 1991 ORDINANCE #511 SERIES OF 1991 - Prohibits Moving Towed Vehicles Councilman Peters moved to read Ordinance #51, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #51 (Series of 1991) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 22-27 OF THE MUNICIPAL CODE SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO MOVE A VEHICLE PREVIOUSLY MOVED, STORED OR IMPOUNDED PURSUANT TO ARTICLE II OF CHAPTER 22 OF THE MUNICIPAL CODE WITHOUT FIRST PAYING A CHARGE OF FIFTY DOLLARS ($50.00) FOR TOWING, MOVING, PROCESSING, STORING OR IMPOUNDING SUCH VEHICLE was read by the city clerk John Goodwin, police chief, said the city needs an ordinance to encourage people to pay the tow fees rather than just driving away. Staff suggested rather than a fine in the ordinance that this be set by the Municipal Judge. Council agreed. Councilman Peters moved to adopt Ordinance $#51, Series of 1991, on first reading amending it to reflect the Municipal Judge sets the fee; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Reno, yes; Peters, yes; Pendleton, yes. Mayor Bennett, yes. Motion carried. ORDINANCE #46, SERIES OF 1991 - Procurement Code Councilman Peters moved to read Ordinance #46, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #46 (Series of 1991) AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 3 FOR THE ADOPTION OF A PROCUREMENT CODE was read by the city clerk John Worcester, assistant city attorney, said the reasons for the procurement code are to make sure staff follows a single, consis- tent policy when purchasing goods and services for the city. The procurement code is to also insure the public has confidence in the city's procurement system. The code sets up procurement officers to purchase goods and services for the city. The procurement code will also determine who has authority to purchase goods and services and at what level. Council must approve all purchases in 12 Regular Meeting Aspen City Council December 9, 1991 excess of $10,000; the city manager will have the authority to approve purchases between $2,000 and $10,000. The code requires that all purchases over $10, 000 be done by formal written contract. Worcester told Council the procurement code deals with preference; preferences will be provided to women, minorities and local businesses. In addition to a simple preference, if everything is equal, there is a 5 percent preference for local business under $10,000. The code establishes a procurement appeals board, which is Council. The code also discusses ethics in public contracting. Councilwoman Pendleton said she likes the idea of using local businesses. Councilwoman Pendleton said the ordinance states for sealed bids that the ordinance should be awarded to the lowest responsible bidder, is there is way to give preferential treatment to businesses in the Roaring Fork Valley. Councilwoman Pendleton said it is a sore spot with construction people when they see out of town trucks coming in and doing work that should be done by local people. Worcester said over $10,000 there is a simple preference to local businesses. If there is no bidder who lives in Aspen, the secondary preference would go to someone who lives in the Roaring Fork Valley. Worcester said the way the ordinance reads is that one gets a preference if they live in the Roaring Fork Valley regardless of the amount of the contract. If the contract is for less than $10,000, locals get an additional 5 percent towards the bid. Councilwoman Richards -said she feels there needs to give more leeway with the 5 percent. Councilman Peters said a procurement code is good policy for the city and should be adopted. Councilman Peters said the purpose of having local preference is to reflect the value of the community of having someone who lives in the community do the work, pay taxes, employ local people, people who already have housing. Councilwoman Richards moved to adopt Ordinance #46, Series of 1991, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #43, SERIES OF 1991 - Cemetery Lane Underground District Chuck Roth, city engineer, reminded council they asked for more information on this issue about the telephone company's participa- tion in undergrounding, and complaints from property owners. Roth told Council staff did two mailings on this project; the estimates were high and the city received complaints about the costs. Roth said staff looked at who should and should not be included in the district. The West Aspen subdivision has already been under- grounded; however, there are some exceptions in this subdivision like those lots with telephone lines right in sight of their lots who would derive a benefit from having the lines come down. Roth said there were some property owners included in this district who 13 Regular Meeting Aspen City Council December 9, 1991 were already included in the previous district. These property owners have been removed from the district lists. Roth pointed out there are some remaining portions from an undergrounding bond of 1985 of $65,000, which will be used as the city's share for the Cemetery Lane project. Roth recommended Council adopt this resolution. There was a 66 percent vote in favor of the district. John Worcester, assistant city attorney, told Council if the phone company did not underground, the joint pole agreement would allow the phone company to buy these poles. Worcester said the city could not prevent the phone company from using these poles in the right-of-way. The phone company does not need to come to the city for a franchise agreement. Worcester said Holy Cross would require the phone company and cable company to share in the cost of trenching. Worcester told Council he researched an occupation tax. The city' s current rate is $7 per account per year . Other rates in the state run from $.35 to $24 per year. Worcester said the phone company could surcharge this amount back to customers. Doug Allen, West Aspen subdivision, said this is an opportunity to get the Cemetery Lane area undergrounded at a reasonable price. Fred Peirce, West Aspen subdivision, said West Aspen subdivision should not be paying for this district because of any direct or measurable benefit. West Aspen has already been undergrounded. Councilman Peters said this is a neighborhood improvement and there is an inequity if the West Aspen subdivision do not pay for any of the undergrounding. Councilman Reno said although he is in favor of undergrounding, the price is too high. It is unfortunate the phone company will not contribute. Councilman Reno said these lots do not have an alley, which adds to the cost of undergrounding. Councilwoman Pendleton agreed this is not completely equitable; the phone company has to be involved or this is not worth doing. Councilman Peters suggested approving this resolution and exploring an occupation tax on the phone company as well as to encourage Holy Cross to put pressure on the phone company to be part of the district. Councilman Peters moved to approve Resolution #43, Series of 1991; seconded by Councilwoman Richards. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Councilman Peters moved to suspend the rules and meet until 9:30 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. 14 Regular Meeting Aspen City Council December 9, 1991 REQUEST FOR FEES WAIVERS - ACES Councilman Peters moved to approve the request pursuant to the conditions in staff's memorandum; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #50, SERIES OF 1991 - Authorizing Installment Payments Nelson/Devore Councilman Peters moved to go into executive session to discuss real property acquisition; seconded by Councilman Reno. All in favor, motion carried. Councilman Peters moved to come out of executive session; seconded by Mayor Bennett. All in favor, motion carried. Councilman Peters moved to approve Resolution #51, Series of 1991, ratification of Nelson/Devore contract; seconded by Councilwoman Richards. Jed Caswall, city attorney, told Council there are some corrections in the contract. The principal amount of the note is $800,000, the interest rate is $7.5 percent, the terms of the note call for the city to buy down the principal by $50,000 on January 13, 1992. All in favor, motion carried. Councilman Peters moved to read Ordinance #50, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #50 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE EXECUTION OF A PROMISSORY NOTE PURSUANT TO THE PURCHASE OF THE NELSON/DEVORE PROPERTY AND SETTING A SPECIAL MEETING OF THE CITY COUNCIL was read by the city clerk Councilman Peters moved to adopt Ordinance #50, Series of 1991, and to delete any references to this being an emergency ordinance and to set a special meeting of Council Thursday, December 26, 1991; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. 15 -~ Regular Meeting Aspen City Council December 9, 1991 Councilwoman Richards moved to continue the meeting to Wednesday, December 11 at 5:00 p.m.; seconded by Councilman Peters. Council left Chambers at 9:40 p.m. Kathryn Koch, City Clerk 16 Special Meeting Aspen City Council December 9, 1991 Mayor Bennett called the meeting to order at 12:25 p.m. with Council members Reno, Richards and Peters present. Councilman Peters moved to go into executive session for the purpose of discussing real property acquisition; seconded by Councilman Reno. Motion carried. Councilwoman Richards moved to adjourn the executive session at 1:25 p.m.; seconded by Councilman Peters. All in favor, motion carried. Kathryn S. Koch, City Clerkf Continued Meeting Aspen City Council December 11, 1991 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Peters, Reno and Richards present. RESOLUTION #41, SERIES OF 1991 - 1992 Budget Dallas Everhart, finance director, reminded Council the first budget work session was held October 7. There have been 16 budget work sessions. Public hearings on the budget have been noticed, and Council has had public hearings at 5 regular meetings. Colorado statutes require cities certify the mill levy by December 15th. Everhart pointed out the city's budget contains certain impact fees and restricted revenues. There is $118,000 from the highway user tax fund and $40,000 from the county road and bridge; these funds will be used for street maintenance. Park Dedication fees are included in the budget and recorded in the parks and open space fund at $90,000. Council has designated these funds to be used for capital improvements. Parking impact fees are budgeted at $20, 000; these funds will be used for operating the parking garage. Housing payment-in-lieu funds and housing impact fees are recorded in the housing/daycare fund. Council will approve expenditures for these funds as they are presented to Council. Everhart reminded Council at the beginning of this process the city faced a $822,000 deficit in the general fund. This budget includes a deficit of $144,000, a reduction of $677,000 gained in reduced expenditures or increased revenues throughout the general fund. Everhart pointed out in the budget resolution, staff is proposing a budget which includes $203,600 in expenditures for debt payment on the red brick school. The city shop master plan expenditures are $200,000; payment to Pitkin County for the center com of $84,000; GIS of $180,000 out of the general fund. The budget also includes the Centennial sidewalk of $150,000. Everhart said this budget includes operating and maintenance revenue raised from property tax for street equipment, street overlay, storm drainage, engineering bridge, and aerial topo information, pool, center com, GIS, city hall, ice garden, red brick school and city shop. The revenues are projected at $674,000 in the general fund for operating maintenance. Of this amount $407,000 is approved to be spent in 1992; the remainder of the funds will be designated and restricted for those specific projects. The total 1992 operating budget requires revenues of $26,245,899. Also included in the budget is Council's support of a 10 year capital plan. Jed Caswall, city attorney, recommended both the budget adoption resolution and the mill levy resolution be amended by including a title. Caswall read into the record a suggested title for Resolution #41. Mayor Bennett reopened the public hearing on the 1992 budget. 1 Continued Meeting Aspen City Council December 11, 1991 Al Blomquist told Council the Parks Association sent a letter supporting the cold storage building for the parks department. Blomquist urged Council to reinstate the $200,000 for this facility in the capital portion of the budget. Blomquist said the city has a good parks department that works very hard. This expenditure for cold storage replaces storage lost on the Marolt property. Otherwise the equipment is exposed to the weather. Blomquist noted the parks department has a large physical area of responsibility. The new streets building does not seem to have room for the parks equipment. Mayor Bennett said the problems are the cost and neighborhood opposition. The city is going to spend a lot of money for a streets maintenance building, which is where the parks equipment will finally be located. Councilman Peters said the capital committee felt a building on the golf course would lead the city into conflict with the neighbors. Councilman Reno said he is open to an idea of a parks storage facility; there will probably not be enough space at the streets maintenance facility for the parks equipment. Councilman Reno stated the inclusion of the red brick school and city shop in the budget may be premature as this has not been to the voters. It should be taken to the voters first. The costs of the projects should be part of the bond election. Councilman Reno said he would like the red brick school and city shop removed from the budget. Councilman Reno suggested waiting until a vote on these projects, then setting the 1993 mill levy to reflect that vote. Councilwoman Richards pointed out the arts groups cannot abandon their existing leases without a sure thing. Councilwoman Richards said she is comfortable that the public wants to see the school buildings maintained in a public use. Councilwoman Richards said this budget has been driven by the fact that the city has had no asset management in the past. Councilman Peters said the capital committee was clear they did not want the city to put off the recommendations for buying the red brick school. Amy Margerum, city manager, pointed out if this does not get approved on a ballot question, the 1993 mill levy can be adjusted down. Councilman Reno said the budget not only contains the purchase of the red brick school but the maintenance also. Mayor Bennett said the red brick school and city shop should be in the budget. If the city is pushing ahead with these projects, it would not be fiscally responsible to not budget for them. A budget is meant to reflect plans. Mayor Bennett noted the capital committee was unanimous that the city go ahead with plans for the red brick school and for the city shop. David Muckinhern supported Council in their efforts to balance the operating budget. Muckinhern said the community just had a 2 Continued Meeting Aspen City Council December 11, 1991 reassessment to more accurately reflect property values. Any tax increase should go to the voter. Muckinhern said it is unconscion- able to tax citizens, then ask them if they want it. Muckinhern pointed out with the assessment, this increase and the school district, property owners will be hit with a 100 to 200 percent tax increase. Mayor Bennett said the city has not raised property taxes for years and much of the city's capital assets are crumbling and in dire need of repair. Muckinhern said it is wrong to raise property taxes for capital expenditures without asking the property owners. Councilwoman Richards pointed out all revenues and services provided by the city have been looked at and raised directly in relation to the cost of service. The city provides service for things that do not generate revenue, like plowing the streets. Councilwoman Richards said when one is a sales tax based community, they are at risk. Property taxes have been held artificially low because of the sales tax revenues. Councilwoman Richards said she cannot continue to let the city infrastructure crumble. Gaard Moses told Council if this budget passes, his property taxes will go up 300 percent. Moses said wages have not kept pace with increased taxes. Dallas Everhart, finance director, pointed out the actual mills allocated to capital have decreased. In 1991 3 mills was for capital totalling $750,000; proposed 1992 mill for capital is 2.2 totalling $767,000. The difference is going into operating maintenance. Councilwoman Richards said if there had been more maintenance over the past 10 years, the city would not be in the position they are in today. Mayor Bennett closed the public hearing. Councilman Peters moved to approve Resolution #41, Series of 1991, as amended; seconded by Councilwoman Richards. Councilman Reno stated he supports the budget and resolution except for items that pertain to the bond election issues. All in favor, with the exception of Councilman Reno. Motion carried. Councilwoman Richards thanked staff for their efforts in the budget and their ingenuity in trying to balance the budget. RESOLUTION #50, SERIES OF 1991 - Mill Levy Jed Caswall, city attorney, amended this resolution to include a title stating "A resolution of the City Council of the City of Aspen, Colorado, setting the 1992 municipal mill levy and certify- ing same to the Board of County Commissioners to Pitkin County". 3 Continued_Meetina Aspen City Council December 11, 1991 Person agreed that infrastructure has to be taken care of but maybe purchasing the red brick school in tough times is not something the city should be doing. Councilman Peters moved to approve Resolution #50, Series of 1991, as amended; seconded by Councilwoman Richards. Councilman Reno said he generally supports the mill levy with the exception of that portion for the red brick school and the city shop. Councilman Reno said he supports the red brick school; however, if the mill levy is raised, the current assets should be taken care of. Mayor Bennett said he supports the acquisition of the red brick school as it seems to have large community support, and a center for the arts fits his vision for the future of Aspen. Councilwoman Richards said the arts and non-profits have been ignored for years. Councilman Reno said if the voters approve the purchase of the red brick school, the city could enter into an agreement with the school board and lease the building in the 1993 budget. All in favor, with the exception of Councilman Reno. Motion carried. Councilman Peters moved to adjourn at 6:50 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S Koch, City Clerk 4