Loading...
HomeMy WebLinkAboutminutes.council.19921207Regular Meeting Aspen City Council December 7, 1992 Mayor Pro Tem Peters the meeting to order at 5:05 p.m. with Councilmembers Richards and Pendleton present. SCHEDULED PUBLIC APPEARANCE - Norman Ferris Tim Anderson, recreation director, told Council Norman Ferris was the local competitor in the Punt Pass and Kick contest at Mile High Stadium during the Broncos half time. CITIZEN COMMENTS 1. There were none. COUNCILMEMBER COMMENTS 1. Councilwoman Richards requested Council add a discussion item on the school district's proposed amendments to the Red Brick contract at the end of the agenda. Council agreed and added it at IX (i). 2. Councilwoman Pendleton moved to table item IX (g), the Billings property discussion; seconded by Councilwoman Richards. All in favor, motion carried. 3. Amy Margerum, city manager, requested Council remove VIII(d) from the agenda, the RFTA intergovernmental agreement with Garfield County. Garfield County did not pass this resolution. 4. Amy Margerum, city manager, told Council Governor Roy Romer will be hold meetings around the state to discuss the impacts of amendment #1. There is one in Grand Junction December 9th. 5. Amy Margerum, city manager, told Council there is a transpor- tation commission meeting December 17 at which Highway 82 funding will be discussed. The city should send a representative. Councilwoman Pendleton said she would attend. 6. Amy Margerum, city manager, reported the Ritz received their certificate of occupancy and met the required deadline for it. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilwoman Pendleton. The consent calendar is: A. Minutes - November 23, 1992 B. Resolution #67, 1992 - Colorado State Rehabilitation 1 Regular Meeting Aspen City Council December 7, 1992 Income Tax Credit C. Funding Initial Blood Pathogen Program D. Resolution #68, 1992 - Contract Approva l - Meadows Bridge All in favor, motion carried. LIQUOR LICENSE TRANSFER - Double Diamond Councilwoman Pendleton moved to table this to December 14, 1992; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #64, SERIES OF 1992 - 1993 Budget Dallas Everhart, finance director, reminded Council they started this process with the 1992 financial policies, which were approved in February. There were a series of meetings with each department to review the goals for 1992-93. The budget guidelines were approved in July. Everhart said staff recommended very conserva- tive budget guidelines in the event amendment #1 passed. Everhart told Council the city will receive $123,524 in highway user tax funds and $40,000 in county road and bridge funds. These are restricted revenues to be used for streets maintenance in 1993. There are also impact fees which have restrictive requirements; park dedication fee for the parks and open space funds. Staff recommends these be used for items in the asset management plan. Parking impact fees are budgeted at $30,000 for 1993; staff recommends these be used for the Rio Grande parking garage. Everhart reminded Council amendment #1 was a major factor in the 1993 budget. Staff took certain steps in preparation for this event, like self-collection of sales taxes, which should help with the base revenue. Everhart said the budget guidelines were conservative. Everhart said amendment #1 is a true revenue limitation and restricts what cities can collect. Everhart pointed out 64 percent of revenues for the city will be impacted by amendment #1; 36 percent of the revenues are in enterprise funds and are exempt from amendment #1 restrictions. Everhart told Council amendment #1 requires the city to have emergency reserves; there is an amount in each fund restricted for emergencies. Everhart said real estate transfer taxes are prohibited under amendment #1. When the Wheeler transfer tax expires, an alterna- tive funding source will have to be found. Everhart told Council the general fund is balanced for 1993; there is a $69,000 to the positive. Cash on hand at the end of the year should exceed the target reserves. This can be used for one-time expenditures. The 2 Regular Meeting Aspen City Council December 7, 1992 1993 budget includes the asset management plan, previously approved by Council. Everhart pointed out that in 1993 the city will collect 48 percent of its total revenue from taxes, the majority of which is sales tax (7.9 million); property tax $1.9 million; real estate transfer tax $1.5 million, and others. In the expenditures, 31 percent is wages; 1 percent education; 27 percent service & maintenance, the largest of which is the purchase of electricity; there is also debt service and contributions. Everhart presented a graph comparing the general fund 1992 to 1993. Everhart told Council the beginning balance is less than last year. There were capital expenditures, such as purchase of the Meadows property. The revenues are slightly higher; the expenditures are flat. Councilwoman Richards said she is concerned about the lack of escalation in the senior services. Amy Margerum, city manager, said she will forward this concern to the senior coordinator and get a letter back explaining this. Mayor Pro Tem Peters opened the public hearing. Councilwoman Richards commended staff and the finance department for all the work on the budget. Mayor Pro Tem Peters closed the public hearing. Councilwoman Pendleton moved to approve Resolution #64, Series of 1992, adopting the budget and asset management plan; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #65, SERIES OF 1992 - 1993 Mill Levy Dallas Everhart, finance director, recommended the mill levy be set at 5.041 mills, the same as 1992. This will raise $1,943,700 of which $1,493,000 will be dedicated to the maintenance of the city infrastructure. Mayor Pro Tem Peters opened the public hearing. There were no comments. Mayor Pro Tem Peters closed the public hearing. Councilwoman Richards moved to approve Resolution #65, Series of 1992, adopting the 1993 mill levy; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #74, SERIES OF 1992 - Amending Clean Air Ordinances Barbara Umbreit, environmental health department, requested this ordinance be continued to December 14. Staff is still working with 3 Regular Meeting Aspen City Council December 7, 1992 the restaurant association on some points in the ordinances. Ms. Umbreit told Council on December 21, 1993, the city clean air ordinances will become state law in conjunction with the PM 10 plan. Ms. Umbreit reported staff went over the existing ordinances to make sure they are enforceable. There are 4 changes that pertain to woodburning. All previous laws were consolidated. The variance procedure has been repealed as the existing language is hard to understand. This will be re-instituted after the Clean Air Board looks at this. The law will be more consistent. All buildings will be limited to 2 devices per building. The environ- mental health department will be able to collect a fee for each fireplace registration to cover costs. Mayor Pro Tem Peters said with the repeal of the variance section, no variances will be allowed. Mayor Pro Tem Peters asked what this will mean to the public. Ms. Umbreit said there has been about one variance per month for the last year. Ms. Umbreit told Council the environmental health department has tried to tell anyone who may be applying there will be no variances for awhile. Councilwoman Richards said she does not want to see the variance section get bogged down before it is replaced. Council woman Richards said she would like to see some options at the next reading. Bob Nelson, environmental health department, told Council the existing charbroiling regulations have been in effect about 10 years. Nelson said one provision set aside administratively but never repealed was a requirement that charbroilers in existence retrofit with emission controls within 2 years after adoption. A previous Council requested this not be enforced. Nelson said the cost of this retrofit did not justify the PM 10 reductions. Nelson said in re-writing the ordinance, staff did not want to lose the controls and tried to keep in place a requirement for 90 percent emission controls with any device on all new establish ments. Nelson said staff tried to clear up an ambiguity about charbroilers and meats with less than a 15 percent fat content. Nelson said existing restaurants should be able to replace worn out equipment with that of similar nature. This provision was added to the regulations. Nelson pointed out the electrostatic precipitators are no longer required for existing restaurants that remodel but only if new and larger charbroilers are installed. Nelson said staff has left some flexibility for new technologies in this field. Councilwoman Richards asked if there is a provision for upgrading of equipment when a restaurant changes ownership. Nelson said staff did not want to affect the marketability of established businesses. Councilwoman Richards said she feels there is a great 4 Regular Meeting Aspen City Council December 7, 1992 visual effect from charcoal grills over town. Nelson said staff will continue to enforce the regulation that electrostatic precipitators that have been installed be maintained. Staff will also enforce that those restaurants who have opted to go with 15 percent fat content or less continue to do so. All new facilities will have to have some control device. Lee Cassin, environmental health department, said they are working out the effective date with the restaurant association. Staff is also working with the restaurant association about restaurants who have already installed these devices and how they will be dealt with. Mayor Pro Tem Peters opened the public hearing. Michael McHugh, restaurant association, told Council the restau- rant industry and staff are trying to come up with solutions for some of the problems. Money has been spent in other states without finding a solution. McHugh said the restaurant association does want to be part of the solution; however, they want to be careful about the ordinances that are passed. McHugh said the deadline should be realistic for restaurants to take corrective action. McHugh invited Council to the restaurant association meeting Thursday December 10 at 2 p.m. at the Little Nell. Councilwoman Richards said she would like to hear some ideas for solution generated by the restaurant association. Councilwoman Pendleton moved to table the public hearing on Ordinance #14, series of 1992, to December 14, 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #77, SERIES OF 1992 - Fee Increases Mayor Pro Tem Peters opened the public hearing. There were no comments. Mayor Pro Tem Peters closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #77, Series of 1992, as amended; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #80, SERIES OF 1992 - Appropriations Dallas Everhart, finance director, told Council this ordinance has been amended since first reading. Council made a $5,000 contribu- tion to ACRA for the amendment #2 campaign. Housing expenditures were increased by $6,000 which was discussed at the November 23 5 Regular Meeting Aspen City Council December 7, 1992 Council meeting. Truscott was increased by $30,000 and Marolt expenditures by $46,000, which was discussed during the budget meetings. Truscott and Marolt are both individual enterprise funds. Everhart said a $4,000 contribution to family center was deleted since first reading. Mayor Pro Tem Peters opened the public hearing. There were no comments. Mayor Pro Tem Peters closed the public hearing. Councilwoman Richards moved to adopt Ordinance #80, Series of 1992, on second reading as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Mayor Pro Tem Peters, yes. Motion carried. 6 Regular Meeting Aspen City Council December 7, 1992 ORDINANCE #81, SERIES OF 1992 - Undergrounding Improvement District Cemetery Lane Councilwoman Richards moved to read Ordinance #81, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #81 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE BOUNDARIES OF THE CITY OF ASPEN FOR THE PURPOSE OF CONVERTING EXISTING OVERHEAD ELECTRIC AND COMMUNICATIONS FACILITIES TO UNDERGROUND LOCATION; AND ADOPTION OF DETAILS AND SPECIFICATIONS THEREFOR was read by the city clerk Cindy Wilson, assistant city manager, reminded Council they took action on this district at the last meeting. This district has to be approved by ordinance. The public hearing will be January 11, 1993. Councilwoman Richards moved to adopt Ordinance #81, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Mayor Pro Tem Peters, yes. Motion carried. CONDOMINIUMIZATION DISCUSSION Diane Moore, planning director, reminded Council last July the Colorado Common Interest Ownership Act went into effect. Staff has made some recommendations on Aspen's regulations. Ms. Moore said the first issue is the affordable housing impact fee. Currently when a free market unit is condominiumized, an impact fee is paid to the housing fund to mitigate the housing needs generated by the condominiumization. The second issue is the 6 month minimum lease restriction, which is required in an effort to maintain long term residents. The third issues is lodge condominiumization. Lodge units are required to remain in the short term rental market for tourist accommodations. Ms. Moore told Council staff has done extensive research in this area. The new state statute cannot be applied retroactively and the existing 6 month minimum leases cannot be rendered invalid. Ms. Moore told Council under the housing impact fee, since 1988, the city has collected $251,000. There are existing ordinances in 7 Regular Meeting Aspen City Council December 7, 1992 place which address affordable housing not through condominiumi- zation. The growth management quota system also addresses construction of affordable housing units. Ms. Moore recommended the sunset provision of Ordinance #1, 1990 be eliminated as this ordinance addresses key elements of affordable housing. Ms. Moore told Council a lot of existing units in Aspen have already been condominiumized and the 6 month minimum lease restrictions will remain in place. Any existing unit can apply to Council for elimination of that restriction. Ms. Moore said in lodge condominiumization the consideration is that the units remain in the short term market. Very few lodges in Aspen have been condominiumized. Ms. Moore suggested staff look in the LP or LTR zone district permitted and conditional uses to regulate this. Leslie Lamont, planning office, pointed out the ordinance #1 fee is either paid or an applicant provides an accessory dwelling unit. Council woman Pendleton asked how ordinances become self-enforcing. Mayor Pro Tem Peters said in the past there have been strict penalties for non-compliance. Councilwoman Richards said there seems to be no enforcement for the 6 month minimum lease restric- tions. Amy Margerum, city manager, said this is usually self- enforcing with condominiumization associations or neighbors. Mayor Pro Tem Peters said enforcement is a different issue Council can address. Mayor Pro Tem Peters asked if condominiumization is enough like subdivision to require certain mitigation and impacts. Jed Caswall, city attorney, said an argument can be made that condomin- iumization is a certain form of subdivision and that is where it is located in the city's land use code. Caswall said the state legislature does not agree. Caswall said an argument can be made that land use is not of state concern but is of municipal interest. This attempt by the legislature to diminish the city's subdivision regulations is in violation of Article XX of the Colorado Constitu- tion and unenforceable in home rule cities. Caswall said the legislature may have intended to pre-empt local government. Caswall said the city could mount a legal challenge to this statute; however, the real issue is whether the city would rather look at alternatives outlined by staff and other legislation to address areas of concern. Caswall told Council Aspen is the only municipality that has an ordinance that could conflict with this state statute. Mayor Pro Tem Peters said the original purpose of the condominiumi- 8 Regular Meeting Aspen City Council December 7, 1992 zation regulations is still valid. Councilwoman Pendleton said the Community Plan also recommended the elimination of the sunset provisions in Ordinance #1. Councilwoman Richards agreed and said she would like to look at other language in Ordinance #1 that would make it clear for changes in use that they will fall under this ordinance. Mayor Pro Tem Peters agreed with the elimina tion of the sunset provisions of Ordinance #1. Mayor Pro Tem Peters supported the planning office recommendation to limit the allowed uses in the residential zone district to basically long term uses. Councilwoman Pendleton agreed with staff recommendation. Councilwoman Pendleton requested staff look at the enforcement issues. Mayor Pro Tem Peters said he would like all residential zones covered. Councilwoman Richards said taking units in a residential zone and turning them into short term business licensing and sales taxes should come into play. Mayor Pro Tem Peters said short term uses in residential zone districts should be eliminated other than those like Christmas rentals. Mayor Pro Tem Peters said the LTR and LP zone districts have allowed short term uses by right. Councilwoman Pendleton said these uses should be kept in the LTR and LP districts. Ms. Moore said staff has not had discussions about changing the lodge districts with local lodge owners. Ms. Moore pointed out the community has always encouraged maintaining small lodges. Mayor Pro Tem Peters said there should be exemptions for some long term units for owners, managers and staff. Councilwoman Richards said she would like to hear comments of the lodge owners from staff. Mayor Pro Tem Peters said he would like to hear from staff on more areas for self-enforcement. Amy Margerum, city manager, said the code may have to be amended in some areas to impose fines. Councilwoman Pendleton said for the amount of money the city collects, she would just as soon eliminate the condominium fee. Councilwoman Richards said she is more interested in maintaining the character of neighborhoods and the inventory of affordable housing. Mayor Pro Tem Peters agreed with eliminating the fee for housing impact. Caswall recommended Council hold up all condominium applications while staff processes a code amendment rather than process applications and accept fees. Caswall said the city can schedule first reading for condominiumization ordinances but put off second reading until code amendments are adopted. (Mayor Bennett came into the meeting). Ms. Margerum said she is concerned about 9 Regular Meeting Aspen City Council December 7, 1992 holding people up while an amendment is processed. Ms. Margerum suggested applicants could proceed and the city could hold the fee is escrow. Caswall said applicants would have to file a legal action within 30 days after approval of the condominiumization challenging the city's right to impose conditions upon them. Councilman Peters said Council has agreed to eliminate the sunset provision in Ordinance #1; to start amending zone districts to limit uses to long term and short term as appropriate; to get direction back regarding the impact on lodge owners, and an interim strategy on the fees. ASPEN MOUNTAIN LODGE NON-COMPLIANCE Jed Caswall, city attorney, reminded Council this is a continuation of an October 26th hearing on the issue of possible sanctions for non-compliance on the Ritz-Carlton not meeting the deadline for a certifi cate of occupancy for the hotel. There was also a hearing to extend the construction deadline for the Ritz. Council granted a request to extend the schedule for the Ritz and that they obtain their final c/o by December 4, 1992. Caswall reported on December 4 the c/o was signed. Council decided to continue determination on the non-compliance to December 14th. Caswall told Council Savanah Limited Partnership agreed to move this hearing up to this meeting. At this meeting, Council is to make a determination on whether a sanction or penalty should be imposed against Savanah for failure to meet the December 1, 1992, deadline for a c/o. Caswall recommended that Savanah reimburse the planning staff for the time spent in having to address the non-compliance as a possible sanction. Bob Hughes, representing the applicant, reminded Council they found that the reasons for the delay were beyond the control of the applicant. Hughes said if there were any mistakes, it was in deciding not to seek an extension sooner than they did. Hughes said he does not feel this is appropriate for sanctions. Amy Margerum, city manager, said if an extension were sought, the applicant would have been charged for staff time. Mayor Bennett closed the public hearing. Councilman Peters moved to impose a $3800 penalty reflecting the increased costs of staff time associated with Savanah's failure to complete by the appropriate date; seconded by Councilwoman Pendleton. 10 Regular Meeting Aspen City Council December 7, 1992 Mayor Bennett said he feels this is reasonable and appropriate. Councilwoman Richards asked if all other conditions have been met. Ms. Margerum told Council staff went through the PUD agreement to make sure all conditions were met. Ms. Margerum noted the c/o is not for the entire building. Caswall said the c/o that was issued reserves certain rights to the city; because of the weather and continuing construction, staff was unable to conduct a thorough site visit. Councilwoman Richards said she understood the ice rink site was not to be used as a parking lot. Perry Harvey said the portion of the site used for construction storage is to be cleaned up. Harvey said with the need for parking in this area, the applicants felt it prudent to use that portion historically used for parking as a parking lot just for this winter, until construc- tion begins May 1st. Caswall said the c/o is contingent on the installation of the Nordic trail along Aspen mountain. Caswall noted some of the trail has been installed. The Top of Mill portion of the PUD has not been developed; there is trail is in this area. Staff determined to approve the c/o based on the progress on the trail and allow final installation of the trail to be done when physical construc- tion on the Top of Mill is done. Councilwoman Richards asked about street sweeping around the construction site to help keep the dust level down. Caswall said this is subject to on-going supervision of the public works department. The applicant is required under the PUD to have dust/mud mitigation throughout the construction. This has been monitored on a regular basis. All in favor, motion carried. Council requested this be paid by December 20th. ORDINANCE #82, SERIES OF 1992 - Design Workshop Subdivision Councilwoman Pendleton moved to read Ordinance #82, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #82 (Series of 1992) AN ORDINANC E OF THE ASPEN CITY COUNCIL CREATING THE TWO LOT US WEST/DESIGN WORKSHOP INC. SUBDIVISION AT 117 NORTH ASPEN STREET, AND 120 EAST MAIN, ASPEN, COLORADO, AND REZONING A PORTION OF THE SUBDIVISION FROM MEDIUM- DENSITY RESIDENTIAL (R-6) TO OFFICE (O) was read by the 11 Regular Meeting Aspen City Council December 7, 1992 city clerk Leslie Lamont, planning office, told Council the purpose of the subdivision is to reconfigure the property boundaries. Ms. Lamont outlined the proposal on a map. Design Workshop faces Main and the U. S. West faces Bleeker. The readjustment is approximately 2520 square feet. Design Workshop will then rezone the R-6 portion to Office. Councilman Peters stated he is an adjacent property owner but does not feel this would generate a conflict. Bill Kane, representing Design Workshop, told Council they have tried to find an approach to deal with off-street parking. Kane said Design Workshop has about 5,000 net leasable; the code requirement is 1.5 spaces per 1,000 square feet, which is a total of 15 spaces. Kane said with this land purchase, Design Workshop can accommodate 14 spaces on site and pay cash-in-lieu for the other space. Kane pointed out this is an improvement over paying the city $150,000 cash-in-lieu and receiving no parking. Kane said they have no objection to Councilman Peters voting on this. Councilman Peters moved to adopt Ordinance #82, Series of 1992; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #83, SERIES OF 1992 - Child Care Trust Fund Councilwoman Richards moved to read Ordinance #83, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #83 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ESTABLISHING A SEPARATE CHILD CARE INVESTMENT FUND FROM REVENUES DERIVED FROM THE .45% MUNICIPAL SALES TAX FOR AFFORDABLE HOUSING AND DAY CARE AND SETTING FORTH INVESTMENT AND EXPENDITURE LIMITATIONS FOR SAID FUND was read by the city clerk Cindy Wilson, assistant city manager, told Council this establishes a specific child care fund, which is restricted for use. There is a provision to establish a minimum annual percent contribution from the sales tax. Ms. Wilson said this ordinance does not contain a restriction of the child care fund for investment purposes. This could be allowed by policy, rather than by ordinance. Ms. Wilson said the Child Care Committee has recommended $2 million in the 12 Regular Meeting Aspen City Council December 7, 1992 fund by the time the sales tax expires. Ms. Wilson said the child care budget for 1993 is $230,000. The Committee expects this number to be lower in the future. Ms. Wilson said the Committee would like to discuss these ideas with Council at a work session. Council scheduled this for January 4, 1993 at 5 p.m. Councilwoman Pendleton said she supports this fund. Councilwoman Richards suggested transferring other assets to this fund as well as sales tax revenues. Caswall said this ordinance intends that a certain percentage of the .45 percent sales tax will always be put into this fund on a yearly basis. Council could direct that any other funds from other sources go into this fund. Mayor Bennett said Council is looking for maximum flexibility for this fund. Councilwoman Pendleton said she wants the fund of money and anything else Council is willing to put in. Councilman Peters agreed he would like an amount of guaranteed cash. Council can decide later if they want to add additional assets. Councilman Peters said he favors restricting this to investment purposes only. The idea is to create a trust fund. Councilman Peters said the revenues should be spent by Council on recommendations from the Child Care Task Force. Caswall said this ordinance sets up the funds and authorizes the director of finance to invest the money with the advise of the Child Care Committee. These policies have to be approved by Council. The Committee has to go to Council every year to get the policies approved. Councilman Peters said the expenditures are not addressed. This can be added to the ordinance. Council scheduled the public hearing for February 8, 1993. Councilwoman Pendleton moved to adopt Ordinance #83, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. CITY/COUNTY WATER TRUST Amy Margerum, city manager, told Council there has been a request from Pitkin County to abolish the Aspen/Pitkin County water trust. This trust was never legally established. The trust currently has $124,000 in it and these funds would be split between the city and county. The county proposes to redirect the percentage of Ruedi revenues into the trust back to the city and county as well as Ruedi Water and Power Authority for staff time. Ms. Margerum told Council the trust was assigned 20 percent of the 13 Regular Meeting Aspen City Council December 7, 1992 net revenues generated by the Ruedi hydropower. The purpose of this trust was to accumulate funds to purchase water rights for benefit of the city and/or county. The fund is administered by the city and can be used only for acquisition of water rights; preservation of water rights, open space or recreation and administration of the trust. Ms. Margerum said no water rights acquisition have been made by this trust. The county's proposal recommends the money going into the trust be shifted into Ruedi WAPA and that WAPA expand it services by funding an employee to do hydropower, purchase water rights, etc. The county revised their proposal to only take X amount of money from the water trust to fund the existing services being provided by Mark Fuller. His services are currently being funded by the county. The remainder of the percentage would be split evenly by the city and county. That revenue could be used however the city sees fit. Ms. Margerum said the city carries the debt for Ruedi; the county assisted in getting the hydropower project through the process. Ms. Margerum said the revenues from Ruedi should be examined and perhaps renegotiated in the future. Ms. Margerum said cooperating with the county on Ruedi can be done without the trust. Ms. Margerum recommended the trust be dissolved; the monies currently in the trust be split 50/50 between the city and county; that Council have full discretion how these funds are used. Dallas Everhart, finance director, told Council the profits from Ruedi are split 30 city/30 county/20 Ruedi WAPA/20 trust. Ms. Margerum said staff agrees a portion of the revenues could be reallocated to fund existing staffing of Ruedi WAPA. Staff does not feel it would be appropriate to increase the services. Ms. Margerum said staff wants to review the budget of Ruedi WAPA before agreeing to anything else. Ms. Margerum said staff does not agree that the remaining revenues should be split 50/50 with the county. This should be discussed in a work session with the county. Councilwoman Richards said she would prefer to expand service to Ruedi WAPA through the city's water department and public works department. Ms. Margerum said the city charges for the time spent by the public works director. There should be more staff time charged out for administration. Councilwoman Pendleton agreed the city and county should sit down discuss the history and philosophy of Ruedi before any decisions are made. Councilwoman Pendleton said she supports abolishing the trust fund and splitting the monies. There are fairness issues that need to be discussed with 14 Regular Meeting Aspen City Council December 7, 1992 the county. Caswall said there are 4 agreements regarding Ruedi; the Ruedi Water and Power intergov ernmental agr eement; the city/county IGA establishing the hydropower plant; the trust; and the General Electric operating agreement. Councilmembers Peters and Pendleton volunteered to meet with the county to work on this issue. Councilman Peters approved dissolving the trust and splitting the revenues. Councilman Peters said he would like to look at funding some staff time for Ruedi. Ms. Margerum pointed out the city is holding all the responsibility for the debt. Mayor Bennett said he does not want to see a big increase in what Ruedi WAPA does. Council agreed. ORDINANCE #84, SERIES OF 1992 - Increasing Council's Salaries Councilman Peters moved to read Ordinance #84, Series of 1994; seconded by Councilwoman Richards. All in favor, motion carried. 15 Regular Meeting Aspen City Council December 7, 1992 ORDINANCE #84 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, INCREASING THE COMPENSATION FOR THE OFFICES OF MAYOR AND COUNCILPERSON was read by the city clerk Jed Caswall, city attorney, pointed out this is a salary increase for Mayor from $800 to $1150 per month and $550 to $800 for Council. Caswall reminded Council they may increase their pay by ordinance; however, the increase does not benefit any currently sitting member of Council. The last time the Council salary was increased was in 1980. Since that time the cpi has increase 78 percent. Councilwoman Pendleton moved to adopt Ordinance #84, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. RED BRICK SCHOOL CONTRACT Councilwoman Richards said she would like to discuss the resale of the property provision. Councilwoman Richards said this provision seems to preclude a resale of resident occupied units and the money being put back into the project. Jed Caswall, city attorney, said this proposed provision states if the city should sell off more than 40 percent of the property during the first 3 years, the school district would be entitled to 100 percent of the profit of that sale. Caswall read the definition of net profit subtracting from the resale (a) the purchase price of $2.6 million and (b) all capital and operating expenses incurred by purchaser to improve, develop, operate and maintain the property and (c) all finance costs incurred by purchaser including bond issuance and finance charges and (d) all acquisition and resale expenses. Mayor Bennett said he does not have a problem with this provision. Councilman Peters said he does not agree with the sale of any portion of the Red Brick School. Councilwoman Richards moved to adjourn at 8:50 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. 16 Regular Meeting Aspen City Council December 7, 1992 Kathryn S. Koch, City Clerk 17 Regular Meeting Aspen City Council December 7, 1992 SCHEDULED PUBLIC APPEARANCE - Norman Ferris 1 .................... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 1 ................................ ............... LIQUOR LICENSE TRANSFER - Double Diamond 2 ....................... RESOLUTION #64, SERIES OF 1992 - 1993 Budget 2 ................... RESOLUTION #65, SERIES OF 1992 - 1993 Mill Levy 3 ................ ORDINANCE #74, SERIES OF 1992 - Amending Clean Air Ordinanc es 3 .. ORDINANCE #77, SERIES OF 1992 - Fee Increases 5 .................. ORDINANCE #80, SERIES OF 1992 - Appropriations 5 ................. ORDINANCE #81, SERIES OF 1992 - Undergrounding Improvement District Cemetery Lane 6 ................................ .... CONDOMINIUMIZATION DISCUSSION 6 ................................ .. ASPEN MOUNTAIN LODGE NON-COMPLIANCE 9 ............................ ORDINANCE #82, SERIES OF 1992 - Design Workshop Subdivision 10 .... ORDINANCE #83, SERIES OF 1992 - Child Care Trust Fund 11 .......... CITY/COUNTY WATER TRUST 12 ................................ ........ ORDINANCE #84, SERIES OF 1992 - Increasing Council's Sala ries 13 .. RED BRICK SCHOOL CONTRACT 14 ................................ ...... 18