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HomeMy WebLinkAboutminutes.council.19840109Regular Meeting Aspen City Council January 9, 1984 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Stirling called the meeting to order at 4:05 p.m. with Commissioners Kl&nder~d, Child, Madsen, Kinsley, and Councilmembers Walls, Blomquist and Knecht present. ~u~ ~v~xn9 ~spen ~l~y uouncl± ~anuary 9, 1. Plannin~ Office Agreement. Sunny Vann, planning director, told the Board the inter- governmental agreement is~lthe same as the last three years. The planning office did take the opportunity to condense some provisions and to clarify them. Vann said under respon- sibilities, some individual items were put into a combined paragraph. Some suggestions from Councilman Blomquist were incorporated in the agreement. Commissioner Madsen said he is concerned that Aspen and Pitkin County are not looking far enough into the future and are too much into regulations than solving problems. Commissioner Madsen said he would like to see the planning office get into things like planning the entrance to Aspen, working with the highway department, planning for parking. Vann told the Board the P & Z in the city is addressing transportation issues and programs for the city and county like mass transit, trails, entrance to Aspen, parking garages, Rubey park, etc. Councilman Blomquist moved to approve the planning office agreement; seconded by Councilman Knecht. All in favor, motion carried. Commissioner Child moved to approve the planning office agreement; seconded by Commission Klanderud. All in favor, motion carried. 2. Airport/Emergency Transportation. Spence Videon, ARA, said he is convinced one of the most serious problems ASpen faces as a resort is transportation. Videon said he would like to look at the short term problem now and look at transportation in all facets at some other time in the long term. Videon said he feels the experience over the Christmas holidaYs points out how desparately travelers need accurate and timely information. Videon said he found most travelers do not know what to do when stuck, which can be irreconciably aggravating to the traveler. Videon told the Boards that the host program at the airport has begun to work with the information programs. Videon said the ARA has taken some responsibility for giving out information. Videon said he felt an emergency transportation committee should be formed with the responsibility to develop a plan and to decide when to implement it. This decision has to be made in the best interest of the traveler. Videon said the obvious members should be airlines representatives, RFTZ, resort association, airport managerm, skii~ companies should be involved as well as representatives from the ground transportation. Some people from the media and someone from lodging should also be involved. Videon said this emergency transportation group should develop a list of emergency after hour telephone numbers, should develop coordination with Stapleton airport. There is no central place at Stapleton to get information. The group could develop a mailer to be sent out with confirmation notices about getting to Aspen when weather conditions are not perfect. Videon said will have to decide what the priority is for handing travelers. Mayor Stirling asked why a new committee should be formed. Mayor Stirling said there is a public safety council set up to deal with disasters, which involves people from all agencies. Mayor Stirling said it might be wise to borrow from that format to see how it is structured. Mayor Stirling suggested there are people living in Grand Junction and Denver that used to live here who might be willing to help at those location. Mayor Stirling asked if it might be legal to use the communications center in this effort. Commissioner Klanderud pointed out this would be a temporary committee until a plan has been developed. Once a plan is in effect, and there is an emergency, the plan goes into action. Councilman Blomquist said someone has to declare an emergency. Councilman Blomquist said the Boards can legislate standards for the emergency of some measurable standard so that a designated person can then declare the emergency. Councilman Blomquist suggested asking the Grand Junction and Denver airports to have someone responsible for initiating this. At this point, the airport manager would announce the airport closed and the travelers would go to the ground transportation desks and make other arrangements. Councilman Blomquist~said the plan would have to be working from Stapleton as well as the Aspen airport. Commissioner Kinsley said he would support what has been done. Kins~ey said he is thrilled about the leadership in the ARA and the willingness to take this problem on. Kinsley said he would support directing staff to participate in a contingency group as well as Blomquist suggestion. Videon said he would set up a meeting to work on this program. Commissioner Klanderud said there is the broader transportation problem in this valley. Ms. Klanderud said once the emerqency plans are set up, maybe this committee could beet to begin to scplore how to put together broader sOlutions to get the travelers to the valley. Tom Hines said the ARA is looking at the larger plan right now. Hines said he feels the best was to spend marketing money is to improve transportation in and out of Aspen. The ARA is dedicated to working on the transportation problems. 3. Housing Office Contract. Jim Adamski, housing director, told the Board the housing authority has not changed but he will be coming to the Boards in February for some new Board appointments. Adamski said this department is striving for self-sufficiency.. Adamski said he would like the finance departments to set up an enterprise account so they can go towards self-sufficiency. Adamski said they are tying this agreement to the budget, ary process in a calendar year. Ms. Klanderud asked if the city and county attorneys have agreed to provide legal assistance to the housing department. Tom Smith, county attorney, said the city and county attorneys have reviewed this agreement. Mayor Stirling asked where the housing office got its revenues. Adamski said any special development will fund itself. Through resales and transfers user fees help fund the housing office. ~s. Klanderud pointed out the RFTA pays for legal and financial services in their budget, and there is no credit given for in-kind services for the housing office. Ms. Klanderud suggested they ought to pay legal fees like the RFTA. Ron Mitchell said the housing office is set up more like the joint departments, who use city and county services but do not have to put it in their budget. Ms. Klanderud pointed out the housing office has an authority an is more autonomous than other joint departments. Kegu£ar Meeting Aspen ~l~y ~ouncl± ~anuary Councilman Blomquist moved to adopt Resolution ~84-1, approving the housing office contrac!~ seconded by Councilman Knecht. All in favor, motion carried. Commissioner Madsen moved to approve the housing office contract; seconded by Commissioner Child. Ms. Klanderus said she would like more specific and accurate accounting. There are services provided that have a dollar amount. This seems to be a contribution to the hous- ing office. Ms. Klanderud said she would like staff to develop an uniform accounting and budgeting system for all joint departments and report back to the Boards in two months. Councilman Blomquist moved to authorize an investigation for more uniformity in joint departments; seconded by Ms. Klanderud. All in favor, motion carried. All in favor, motion carried. COUNCIL MEETING CITIZEN PARTICIPATION 1. Georgie Leighton told Council she has been involved with animals a!long time and is concerned about the duties of the animal control officers. Ms. Leighton said she is particularly interested in the humane side, and how far are the animal control officers going in pursuing cruelties to animals; is there money or time given to them to investi- gate cruelty cases. Ms. Leighton asked if there are records kept of abuses to animals. Ms. Leighton told Council she is very angry because people report cases of abuse to her and the city does not have the money nor the time to follow up on these cases. Mayor Stirling asked the staff to meet with Georgie about this. 2. David Zaagman asked about the 5 per cent budget reductions. Mayor Stirling said the Council is having work session on line by line items to make the budget cuts. These work session are still going on. 3. Bob Oxenberg said he is concerned about the new convention center located in the L-1 L-2 zone. The Council is talking about allowing time sharing in these zone. There is no restraint if time sharing goes through, this convention center may be time shared. COUNCILMEMBER COMMENTS 1. Councilwoman Walls requested that a clarification about the salary increases be added to the agenda because there was no specific list of positions and now there is one. Councilman Blomquist moved to add this to the agenda; seconded by Councilman Knecht. All in favor, motion carried. This will be at the end of the agenda. 2. Mayor Stirling proposed that Council meet every Monday night and that the meetings never go past 8:00. Councilman Blomquist moved to add this to the end of the agenda; seconded by Councilman Collins. All in favor, motion carried. 3. Mayor Stirling announced his Monday noon office hours be changed from the mall to his office in the 600 East Main building. This is due to the winter weather. 4. Mayor Stirling said there has been a resignation on the Roaring Fork Transit Agency board, and requested staff notice this vacancy. The Council will accept applications for this vacancy. Mayor Stirling requested a list of the people interviewed before'. Mayor Stirling said Michael Gassman resigned because of time constraints of serving both on the RFTA and county P & Z. 5. Mayor Stirling suggested a work session to finish analyzing the 1984 budget on Thursday January 19 from 2 to 5 p.m. City Manager Chapman said he would schedule department by department that have not been looked at with time schedules. 6. Mayor Stirling said the Council has received the goals task force report. The task force has requested a work session with Council, P & Z and Pl~nning to discuss the report. Council scheduled this for January 16, 1984, at 7:00 p.m. Sunny Vann reminded Council the appeal has been heard on the 1983 lodge GMP competition. P & Z is completing its work on the conceptual review of the Aspen Mountain Lodge and is preparing a draft resolution. Vann said he would like a study session with Council on this project. Council scheduled the study session for January 11, 1984 at 5:00 p.m. PARK DEDICATION & GOLF PASS - Willard Clapper Tim Cottrell, fire department, told Council that Willar Clapper has just retired after being on the fire department for 25 years and fire chief for 14 years. Cottrell said Clapper has built the fire department up to the high standards it has today. The fire department is going to move the 1886 bell from the top of the fire station to the park next to the fire station. The fire department is requesting the city pay for a-plaque designating the park "Willard Clapper" park, having a Willard Clapper day and also to give Clapper a golf pass for all his volunteer time. Councilman Blomquist moved to name the park "Willard Clapper" park, have the city install a plaque on the beel and that the city issue a life time pass to Willard Clapper; seconded by Councilman Knecht. ~egu±ar ~ee~lng Aspen ~ty ~ouncl± ~anuary ~, £9~4 Councilman Knecht said he would like a resolution drawn up for this. Mayor Stirling said the day, plaque, resolution should all be coordinated. Mayor Stirling asked if there is a precedent for life time golf passes. City Manager Chapman said there have been passes issued to the club pro and to James E. Moore. All in favor, motion carried. ORDINANCE ~55, SERIES OF 1983 - Time Share Changes Mayor Stirling said this ordinance amends the time share ordinance in four areas; one, to allow time sharing only in the L-l, L-2 zones; two, the giving of gifts is allowed if the gifts not exceed $100 in value; three, handicap access is to be provided by all projects, and four, establishes a licensing process and fee. Mayor Stirling opened the public hearing. Boon Switzer told Council he has an interest in a project in the L-3 zone and feels it is unfortunate to eliminate the L-3 zone because it would be of most benefit to the community, Switzer said his proposal to time share this lodge in L-3 would have less impact than a regular hotel. Mayor Stirling pointed out many L-3 lodges are in residential zones and Council is concerned about the impacts in the residential zones. Switzer said he feels time share uses are less impacting than lodge or hotel uses. Bob Oxenberg said he is concerned about the convention center in the L-1 and L-2 zone because it could be benefi- cial to the developer to do time sharing in the future. Oxenberg said the Council should consider restrictions on that project so that it cannot be time shared. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #55, Series of 1983, as amended; seconded by Councilman Blomquist. Councilman Blomquist suggested Council fill in the blank for the licensing fee before final adoption. Councilman Blomquist passed out a tentative resolution trying to identify a proper fee for licensing. Councilman Blomquist said he has been concerned about tax avoidance characteristic of time sharing. Councilman Blomquist said the average hotel room produces between $10,000 and $20,000 in revenue a year gross receipts, which repre- sents $700 to $1400 a year in sales tax. Councilman Blomquist said time sharing is a short term use of property. Councilman Blomquist said in the tax structures, licensing, fees and other revenues, there are inequities in the overall structure. Normal lodging is producing taxes for the paymen~ of expenses caused by visits. Councilman Blomquist pointed out a great deal of the city budget is devoted to the tourist function. Councilman Blomquist said between all classes of lodging, hotels, condominiumis, time share, there should be reasonable equity and reasonable contribution to the city. Councilman Blomquist said rather than charge a license fee per unit per year to compensate for the absence of sales tax, the city should be charging a license tax on time sharing as a distinct and separate class of lodging. There should be support for the city services caused by the visitors. Councilman Blomquist said he would like to table this ordinance until the city attorney can write an ordinance to address this problem. City Attorney Taddune said he would like COuncil's feeling on this proposal before he proceeds with the research because it will take time. Taddune said the concept of time sharing is novel. Taddune said he can come up with an approach if the object of this fee is to equalize the benefit and the burden. The past approach has been for a fee to pay for monitoring the time share project. Mayor Stirling said this proposal is different! than the licensing section. Mayor Stirling said the time share units will be filled with owners, rather than renters. Time share will fill up projects that at certain times of the year are empty, it will also spill over into other projects. Mayor Stirling said this may off set sales tax revenues, especially having people here in the off seasons. Local people will also be employed to support these time share projects. Mayor Stirling said he does not feel pursing a tax like this would be an improper use of time. Gideon Kaufman pointed out the city has classified time share as real estate related, and every piece of real estate has to be treated the same. Kaufman said the city will be collec~ngmoney on these units in the real estate transfer tax. If the Prospector had sold their units, the city would have collected $40,000 in RETT, which would offset the sales taxes not paid. Mayor Stirling said time share is a legal form of ownership and the Council can probably not deny it. Time share is new to Aspen and has an unknown potential effect. ~Mayor Stirling said the original time share ordinance was very care- fully written and is very restrictive; it gives the city a way to monitor time share. TheI ordinance has also given older lodges the opportunity to upgrade. Switzer said that time sharing creates a triple win situation, the buyer wins, the seller wins, and the city and its businesses also win. Councilman Collins said he has strong objections to lodges in the residential areas of the city, which will be impacted. Councilman Collins said the impact on the residential area is out of character with what the city is trying to maintain in the residential areas. Councilman Knecht said he has been a proponent of stopping time sharing, but there does not seem to be a satisfactory way to do that. Councilman Knecht said the Council should make the best ordinance possible. Councilman Knecht said all lodging zones should be included in time sharing. Councilman Knecht said he would like time share and every time share project should be looked at every year; there should be enough money for the city to police this. Councilman Knecht suggested $1,000 per year per unit licensing fee in order to have enough money for the review. Councilman Blomquist agreed with the licensing fee of $1,000 per unit per year. Council- man Blomquist said he feel time sharing in the L-3 zone will destory these lodges. With the small lodges, someone is there and there is pride of ownership. Councilman Blomquist disagrees with time sharing in the L-3 zone. Councilman Blomquist moved to amend to page 2, section 5(s) (2) for each license issued under the provisions of this paragraph, the fee of $1,000 per unit per year for a legal occupancy of two persons with $500 for each additional person computed for legal occupancy purposes per the state health standards shall be paid, which fee shall accompany the application and which fee shal also be a lodging tax on time share as a class as an annual fee. Kaufman pointed out the state standard for occupancy is 70 square feet per persons so that a 700 square foot room could accommodate 10 people, which would be an additional $4,000. Councilman Blomquist said he feels~this approach is proper but perhaps this should be tabled for staff and Council to re-examine this. Councilman Blomquist moved to table Ordinance ~55, 1983, for further study of the licensing aspect; seconded by Councilman Collins. Kaufman said the CC zone is an intense tourist use, which permits tourists use and CC should not be eliminated from time sharing. Mayor Stirling agreed CC and CL should be included. Councilman Blomquist objected to CC and CL because of the mix of bars, restaurants, and sleeping accommodations in the downtown area. Mayor Stirling said there is no purity to Aspen's zones, and one of the great things is that mix. Mayor Stirling said to exclude CC and CL would stop short of what Council is trying to accomplish in amending the time sharing ordinance. Councilman Knecht and Mayor Stirling both indicated the would include the L-3, CC and CL zones in an amended time share ordinance. All in favor, with the exception of Councilman Knecht and Mayor Stirling. Motion carried. ORDINANCE #58, SERIES OF 1983 - Time share changes Mayor Stirling opened the public hearing. Councilman Blomquist moved to adopt Ordinance ~58, Series of 1983, on second reading; seconded by Councilwoman Walls. Councilman Collins said he has problems with time sharing. It is presently authorized. Councilman Collins said he feels the city is entering into cumbersome rules and regulations that the city can hardly keep up with. Councilman Collins said he does not see a place for time sharing; the long range effects will be harmful to the town. Councilman Collins said he is especially against time sharing in the residential areas. Andy Hecht said he feels it is discriminatory not to permit L-3 the same rights of ownership as in L-l, L-2. Mayor Stirling closed the public hearing. Mayor Stirling said he feel time sharing is too narrow if only allowed in L-l, L-2. Roll call vote; Councilmembers Blomquist, aye; Knecht nay; Walls, aye; Collins, aye; Mayor Stirling, nay. Motion carried. ORDINANCE #64, SERIES OF 1983 - Cable Television Assistant City Manager Ron Mitchell went over the changes from the first reading and after two study sessions. In the definition of community channel, adding which may include radio. City Attorney Paul Taddune explained the police powers would not be used against the permittee on a specialized basis unless an emergency required. Taddune said the police power would only be applied in the interest of the public health and safety. Councilman Blomquist said "emergency" ought to be defined in the ordinance. Councilman Blomquist suggested this paragraph be deleted. Mitchell pointed out an addition to section 25-30 that 88-108 MHZ shall be devoted to the distribution of FM/stereo and mono programming. In subsections (d) and (e) the word "programming" has been changed to "access". In monetary penalties Section 25-43, the recommendation was to triple to penalties. Marty Flug said this was not the recommendations of the cable committee. Mayor Stirling opened the public hearing. Wainwright Dawson asked what is being legislated. Taddune told Council the procedure for upgrading the television franchise involves two steps. The first is to insert into the city code, provisions to apply to all cable television permitees within the city. The second step is to negotiate a specific permit with anyone who wants to apply for a permit. This ordinance is the guidelines to apply to any company. The advisory committee spent almost a year working on this. Si Coleman said there exists the availability on the air and on the cable to receive national public radio. Coleman said the proposed wording for the definition of community channel does not deal with his concerns that radio should be included. Coleman said the wording should be a specifically designated non-profit radio to television channel. This would deal with the fact there are two kinds of electronics media. Herb Klein said Canyon Cable would like to keep the language in the ordinance regarding police power. Canyon Cable will be making a large investment and would be reluctant to do that if the city could come back and changes the rules of the game after the plant is in. Klein said this will not be a franchise in the traditional sense;!it will be a permit system. A franchise cannot be changed. Canyon Cable agreed for the general legislation to have the language about police power. The specific ordinance will have estoppel language. This ordinance will be voted on by both the Council and the general public. ~egu±ar Meeting Aspen City Council January 9, 1984 Klein said there is an application procedure in this ordinance for anyone wishing to apply for a cable permit. This will generate another ordinance, which will go to the general electorate. The Council will review this ordinance before it goes to the voters. David Zaagman asked what kind of censorship there was in this ordinance. Taddune said there is none. Taddune said the question is whether the city wants to get into the area of regulating content. Mayor Stirling pointed out the consumers have protection in terms of complaint procedures. Nick deWolfe said the cable company has to abide by FCC regulations. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance 964, Series of 1983, as amended; seconded by Councilwoman Walls. Councilman Knecht suggested each amendment be voted on separately. Councilman Knecht moved on page three the definition of community channel the wording be "or non-profit radio and televisions; seconded by Councilwoman~Walls. All in favor, motionl carried. Councilman Blomquist moved on page 5 that the ordinance has to be approved by the City Council and subsequently by the electorate; seconded by Councilman Knecht. All in favor, motion carried. Councilman Blomquist moved on page 6, Section 25-7 to delete the second paragraph. Motion DIES for lack of a second. Councilman Knecht moved to approve the three changes on page 20; seconded by Councilwoman Walls. All in favor, motion carried. Councilman Blomquist moved to approve the tripling of the penalties in Section 25-43; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. Councilman Blomquist moved for an amendment to Section 25-13, Selection of a Permittee, that "before the application be presented to the electorate for approval, all applications seeking a cable television permit shall address the various provisions of this chapter and shall be evaluated by the City Council, according to the general critieria; seconded by Councilwoman Walls. All in favor, motion carried. Councilman Blomquist moved to adopt Ordinance ~64, Series of 1983, as amended; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~67, SERIES OF 1983 - M.A.A. Wheeler Lease City Manager Chapman said this lease provides a period of the year for the M.A,A. to lease the Wheeler in accordance with the rental rate schedule set for all organizations. This rent schedule is indexed; recognizing a rent credit; indexing the rent credit on the same basis as the rent schedule; providing for two options to renew. The initial lease term is 16 years with two options of 17 years each, for a total term of 50 years for 10 weeks a summer. This provides to the city opportunities to the city to cancel the lease during any period, for failure of use of the theatrs for a minimum amount of time, which is the minimum rent credit plus $3,000 each year for the initial 16 year period. Chapman said if the M.A.A. does not use the theatre for the minimum rent credit plus $3,000 for two consecu- tive years, the city has the right to cancel the lease. The $3,000 increases to $4,500 during the two renewal terms. ilChapman said the city has the right to participate in any royalties the M.A,A. may earn on iia sliding scale basis. The city's and M.A.A's obligations for cleaning the facility have !ibeen defined; what ConSititutes a performance has been defined. The city will let the M.A.A. i. define what a performance is in regards to their obligation to pay $150 per performance in iilieu of the seat surcharge, but the city will be required to clean the facility after a !iperformance only if the M.A.A. calls it is performance and pays the $150. Both parties !~have the right to have the facility to cleaned if either party feels it is not cleaned. Th~! ilcity has the right to tell the M.A.A. the facility needs to be cleaned and charge them the !icost of cleaning. The M.A.A. is obliged to pay the city $200,000 over and above the $50,000! ilbefore February 15th. Bob Murray, Wheeler Board, said the Board recommended to give the M.A.A. space every summer for 10 weeks. iiMayor Stirling opened the public hearing. !iBonnie Bishop, president of the American Theatre Company, told Council they submitted a !!letter of mutual support to the M.A.A.; however, the Theatre Company has not received their letter of support. Ms. Bishop said they were withdrawing their opposition to the M.A.A.'s lease for the Wheeler, and hoped the M.A.A. would examine a way to share the stage of the iiWheeler for the benefit of the community. Funette Sinclair said she would like to see all ilthe arts groups represented in the city and not to depend on one segment of the arts groups i!ito support the community. Wainwright Dawson asked if the M.A.A. had any plans for subletting' i!the Wheeler. Ford Schumann said the M.A.A. plans to have a full summer season program in ilthe Wheeler. They hope to have two opera productions and musical comedy as well as many other activities. ilMary Martin said she did not feel when the Council voted to remodel the Wheeler that it was ilwith the intent that it go to one organization. Mrs. Martin said other groups are entitled !!to some share of the summer activity time in the Wheeler. Mrs. Martin said the M.A.A could ibe more lenient and offer space to other groups. Mrs. Martin said she did not feel it was iiintended that the Wheeler should to to 50 years to the sole management of one group. i!Gordon Hardy, M.A.A. said they are considering opera scenes and acts as well as productions iito give a large group of student experience in opera. Hardy said there are numerous activi- ilties planned for the Wheeler. The M.A.A. needs to use this facility around the clock in i!order to train students in the proper way, and they have not been able to do this in former iyears. Hardy said the M.A.A. has been very supportive of other activities in the community land will continue to do so. Hardy said the M.A.A. has been waiting a long time for the !iWheeler to be renovated. ReguLar Meeting ~spen ulsy uuuncli o~£1u~iy 7, l~o~ Hardy said all the activities will be open to the public including free student concerts. Flug said the intent of the theatre group is to join with the M.A.A. in moving forward. The theatre group has asked for M.A.A.s recognition, which the M.A,A. will do. Flug said the M.A.A. may be over committed at the Wheeler. The M.A.A. has put up $250,000 to have the opportunity to use the Wheeler for this summer period. Susie ~Ioyel said she supports all the community arts groups, but would hate to see Council tie up one location for 50 years. Bill Shorr said the Wheeler Board has worked on putting the Wheeler forward as~ a facility everyone would want to use. There are 43 weeks left throughout the year. The Wheeler Board wants to get the community excited about the Wheeler, not just in the summer time. Wainwright Dawson suggested a good combination of the arts may be to let the theatre group have exclusive use of the theatre for the month of September. Mary Martin said before the lease is renewed, other cultural groups should have an opportunity to come forth with proposals. Carol Ann Kopf said it is rare that a city have the opportunity to consider an anchor tenant with a 35 year history of financial stability. Tom Ermann said the Council should focus on what the M.A.A. is giving back to the town. The M.A.A. has always had free events. Mayor Stirling closed the public hearing. Councilman Blomquist said he has a problem with leasing this to the Wheeler for 76 days and perhaps it should be dates specific. Councilman Blomquist said there may be implica- tions of leasing this into September, which could be a shoulder season for someone else. J. D. Muller said the M.A.A. has a five year plan for the possibility of a jazz festival after the regular season. City Manager Chapman said the M.A.A. is required to give the city a scheduled for 76 days within the projected window, the October before. This will give other groups time to plan. Councilman Blomquist said the city should encourage the M.A.A. to sublet the theatre spacel Taddune said they need the city's approval in order to sublet. Hardy said the dates are not correct and they should need it no longer than September 2nd. Taddune said the date in the lease should be changed to September 2nd. Councilman Blomquist said there should be a requirement on the M.A.A. to provide attendance data on the usage of the theatre. Bob Murray said this will be done by the Wheeler Board. Councilman Blomquist said the M.A.A. should be encouraged to sublet without contacting the city everyday. Chapman said that is protect the city wants; the city should know who their tenants are. The city will try to encourage them to sublet. Councilman Collins asked if the M.A.A. has developed a schedule of events for the 75 day lease. Hardy said the first draft will be ready around the first of February. Councilman Collins said this is a performing facility and he would like to see it maximized in terms of public partici- pation, and to increase that and cut down on practises and rehearsals. Some of those things can be done somewhere else. Councilman Collins asked how many of the 76 days will involve public performances. Hardy said almost daily. Ford Schumann agreed the M.A.A. is interested in box office take; they need it. Councilman Collins asked about the $.50 surcharge and if it is in effect. Chapman said this point was worked hard on. The M.A.A. pointed out a lot of attendees at events are non-payers, students, etc. The M.A.A. felt they are not selling these people tickets, and the city should not be charging a $.50 surcharge. The city felt the surcharge was designed to create funds for the maintenance of the Wheeler. What was settled on was the $150 per performa~nce. The discussion was then what constitutes a performance; it was decided to let the M.A.A. trigger this. If they call something a performance, they have to pay the city $150, and the city is obligated to clean the facility. If the M.A.A. does not call something a performance, they do not owe the city but have to clean the facility. Councilman Collins asked how the 16 year figure was arrived at, and why is it not the same as the other leases. Chapman said the length of the lease was a long discussion. The city started out talking about the rent credit to be used up in 16 years. The M.A.A.s position was that it was in perpetuity and the $250,000 was never used up. One position is that the M.A.A. is a desirable tenant for the facility, it is a use that the facility was renovated and the M.A.A. is participating by giving dressing rooms and an orchestra pit for year round use. The negotiations came from perpetuity to 50 years. The city has an income or use protection if the M.A.A. does not use it, the city can cancel the lease. Marty Flug explained said the negotiations started out at $250,000 at 10 per cent was the equivalent of $25,000 a year that the M.A.A. would be entitled to forever because they were investing it forever. Council suggested a compromise and the M.A.A agreed to $12,500 with the concept this is dealing with a capitalized value with a stream of income. Flug said the M.A.A. is contributing to the city without any recompense $125,000, and are .only getting recompense for $125,000. Flug said the M.A.A. could have taken the $250,000, invested it, and paid the city rent. Councilwoman Walls asked how much it cost for the renovations made specifically for the needs of the M.A.A. Chapman said the dressing rooms and the orchestra pit were around $250,000. Councilman Blomquist moved to adopt Ordinance #67, Series of 1983, as amended on second reading; seconded by Councilman Knecht. Jim True said the American Theatre Company needs a year lead time to do a production so that October may be too late. Mayor Stirling with the combination of free concerts and public ~access to performances, the city has a desirable tenants. The Wheeler committee supports this proposal. This lease provides stability, and income. There are advantages, i even though it is a long lease. Roll call vote; Counciimembers Collins, aye; Knecht, aye; Blomquist, aye; Walls, nay.; Mayor Stirling aye. Motion carried. ~gu~a m~ng Aspen City Council January 9, 1984 ORDINANCE #71, SERIES OF 1983 - Planning Office Fees Sunny Vann, planning director, told Council this is the same fee ordinance used for the last several years. Vann has proposed a rebate procedure for the application that requires less time than the base hours. Vann has also reduced the additional billing rate. Vann said the concept behind this ordinance is to offset the cost of the city's code administration function with the annual amount of the fee equal to the cost of administration; the more compex application pays a higher rate. The Council formerly voted to offset the costs of the planning office functions in a two step process. The first year, the costs were offset 50 percent, the second year they were offset 100 per cent. Mayor Stirling opened the public hearing. David Zaagman said he would rather see the city economize and feels this is going the wrong way. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance ~71, Series of 1983, on second reading; seconded by Councilman Knecht. Councilman Collins asked what the change in fees is. Vann said it averages about 6 per cent; the only reason the fees have gone up is to offset the increase in salaries. The level of activity is projected to be about the same for next year. Mayor Stirling said this is a strategy proposed by the previous Council to make the planning office self- sufficient. The fees doubled in one year and are going up 30 to 50 per cent again. Mayor Stirling opposes this increase; it is a substantial increase and more than is necessary. Mayor Stirling pointed out the projected revenues are hardly different. Vann said the cost of the functions have gone up. The typical applications vary; the revenues Stay about the same as the mix of applications varies. Councilman Knecht said this planning office function is not being paid for out of the general fund under the premise that growth should pay for itself. Mayor Stirling said it is such a dramatic increase. Councilman Knecht said he would rather have the developers paying for this than the tax payers. Roll call vote; Councilmembers Knecht, aye; Walls, aye; Blcmquist, aye; Collins, nay; Mayor Stirling, nay. Motion carried. ORDINANCE #78, SERIES OF 1983 - Towing Agreement City Attorney Taddune told Council the city staff was not able to sit down with all the people involved and refine the towing agreement and requested tabling. Mayor Stirling opened the public hearing. Councilman Blomquist moved to continue the public hearing and table Ordinance #78, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~79, SERIES OF 1983 - Snow Removal City Attorney Taddune told Council the ordinance they passed on first reading was a strict ordinance and did not use any models. In the interim, his office solicited comments from staff, and looked at model ordinances. Taddune is suggested going to another approach. Mayor Stirling said he would like staff comments before adoption. Mayor Stirling opened the public hearing. Francis Whitaker told Council he is very much in favor of a good, enforceable snow removal ordinance. Whitaker pointed out this ordinance called for removal of the snow a~ the cessation of the snow. Whitaker said it is easier to remove snow every day. Whitaker suggested adding a section so that if the snow is continuous for a number of days, it should be cleared everyday. Rich Rianoshek, police chief, told Council the traffic control officers are presently enforcing the snow removal ordinance. Rianoshek said, given the budget deliberations, when Council is making a decision about the snow removal issue, this will have implications on timed parking, vehicle releases, vehicle identifica- tions, etc. The traffic control officers are strapped right now and are only able to cover 2/3 of the city for parking. Rianoshek said the Council should consider snow removal enforcement within the total enfocement budget. Bil Dunaway said in the context of Aspen being a winter resort, a little snow on the side- walks seems preferable than giving up any more traffic control. Monroe Summers, represent- ing the CCLC, said they are in favor of a snow removal ordinance. The points are the schedule of fines should finance the enforcement; the police should be allowed to respond with the enforcement requirements and cost of that enforcement; the fines should increase for repeat offenders to make it uneconomical to leave the work to the city. Mayor Stirling closed the public hearing. Councilwoman Walls moved to continue the public hearing and table Ordinance #79, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #80, SERIES OF 1983 - Ruedi Bonds Mayor Stirling opened the public hearing. Joe Barrows, Kirchner Moore, explained that he and city staff had met with Moody's about the city's bond rating. Barrows as the assessed valuation has increased, the sales ~ax has continued to be steady, there is a consistency of skier days on Aspen mountain except for one or two bad years. However~ Moody's maintained the city's Baal rating. Barrows told Council he was hoping for an A rating for Aspen. Regular Meeting Aspen City Council January Barrows told Council there is a hold up as he did not get an insurance commitment from MBIA and will ha~e it Thursday. Barrows said he would like to offer the bonds this week~ Barrows said he would like this second reading ~o be considered January 16, 1984. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to table Ordinance ~80, Series of 1983, and continue the meeting until January 16, 1984; seconded by Councilman Blomquist. Mayor Stirling said he is opposed to not going to an election for this assue. This is a $4,500,000 bond issue, and the reasons the Council is being asked to go ahead are not valid, in his opinion. motio~¢a~ed,~ ORDINANCE ~81, SERIES OF 1983 -Smuggler Assessment Joe Barrows, Kirchner/Moore, told Council the purpose of this ordinance is to give the city the legal standing to go in and assess property if the Smuggler assessments are not being paid. City Manager Chapman said the finance department has suggested charging the limit of 12.5 per cent interest, which would take into consideration things like collec- tion costs. Mayor Stirling opened the public hearing. There were no commenns. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance #81, Series of 1983, on second reading with the inclusion of 12.5 per cent interest; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Collins, aye; Knecht, aye; Mayor Stirling, nay. Motion carried. ICE RINK IMPROVEMENTS George Pucak, ice garden, reminded Council they recently passed an ordinance to waive electrical and water utilities at about S26,000 per year. Part of ~his savings would be used to improve the rink, and part of it as a discount on ace time for groups that use the rink a lot. The discount will be about $7,000; leaving $19,000 for improvements ~o the rink. The staff has listed what they feel for improvements, which are replacemen~ of the cooling tower at $35,000; replacing the Zambon~ ace machine, and a suspend ceiling. This ceiling would save some utility costs and would i~prove the appearance of the building. Pucak pointed out if the cooling tower quits, the ice rink is out of business. Councilman Knecht said he favors borrowing money short term and getting the improvements done. The city has not put any money into this facility in a long time. Pucak told Council the ice rink is facing increasing maintenance costs because of the age of these items. Councilman Knecht said he would like to consider, in the future, a new ice rink facility, but these requests are needed for the interim. Mayor S~irling said he would like to purchase the Zamboni and cooling tower out of savings in the 1984 budget, instead of borrowing the money. Mayor Stirling said he would like a group formed to work on the ice rink and other improvements. Councilman Blomquist said this facility is more of a user space than a spectator, and the city ought to keep it in good shape for the users. Councilman Knecht moved to borrow on a shorn term note for 4½ years and pay the expenses back from deferring from the electric fund, and buy the cooling tower, Zambona and ceiling; seconded by Councilman Blomquist. Councilmembers Walls, Knecht and Blomquist in favor; Councilman Collins and Mayor Stirling opposed. Motion carried. Pucak recommended the break down for ice garden customers, anyone using between $1000 ~o $4999 get a 10 per cent discount; from $5000 to $9999 would receive a 15 per cent discount; another over $10,000 would get a 20 per cent discount. Right now, only Aspen Junior Hockey qualifies over $10,000 discount. Mayor Stirling said a committee should be formed to work' on continued improvements to the ace rink and a new rink to be incorporated into a capital improvements plan. GROWTH MANAGEMENT POLICY RESOLUTION Alan Richman, planning office, told Council the P & Z is recommending a resolution to adopt as a working guidelines nowards preparation of a comprehensive plan. The P & Zs had a public forum on this and have been making changes. They are working on thzs and it will continue to evolve. The P & Z wants to know if they are on the right track. Mayor Stirling said this is an excellenn document, and agrees with the goals and objectives. Mayor Stirling said he is not sure that policies 1 and 2 are where the community wants to go. Mayor Stirling said he would like %o see these policies modified. Mayor Stirling said he does not feel the community has decided how flexible mn terms of the growth management plan it should be. Mayor Stirling said the lmplicatzon of flexibility is to allow larger developments to occur, and that may not be where the community is. Richman explained flexibility can work varaous ways. Two years a~o commercial growth had exceeded the plan and the lodge quota needed to be increased. The Council decreased commercial quota and increased lodge quota. This ms an example of flexibility of growth management. The flexibility is ~o respond ~o changing conditions; the growth needs cannot be anticipated. Councilman Blomquist said this plans should focus on the city's goals, policies and standard for the city, and should be specific to what the Council as responsible for. Councilman Knecht said if the resolution gets too specific one loses track of the purpose for it. Councilman Knecht said this type of resolution should dovetail with the county's policies and goals. Councilman Blomquist suggested adding a stand about annexa- tion in the resolution. Aspen City Council January 9, 1984 Councilman Knecht said he questions the proposed 3.5 per cent growth rate for the city as he feels it is too high. Councilman Knecht agreed some statement about annexation also should be inclUded in the resolution. Councilman Blomquist moved to endorse the resolution as presented and request P & Z to modify to be more specific to Aspen, to deal with the growth rate as a percentage applied to Aspen and segments of land therein, and be more specific about annexation as a policy and as an objective and goal of 'the city; seconded by Councilman Knecht. All in favor, motion carried. SPA ZONE DISCUSSION Councilman Knecht moved to table this item; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Home Plate Councilwoman Walls moved to approve the transfer of the Home Plate beer and wine license to Marcus Schwing; seconded by Councilman Collins. All in favor, motion carried. CITY'S ROLE IN THE RESORT - ASPEN Mayor StArling suggested establishing a task force with the charges of identifying (1) what roles the city already plays in the resort; (2) recommend to Council additional roles the city should play and suggest the means to fund such roles, (3) report back to Council with a full report on or before March 15, 1984, (4) advise Council of any specific ideas that may be more pressing as the task force proceeds. Mayor StArling proposed the members to be Margaret and Roby Albouy, Jack Bredlinger, Fritz Benedict, Spence Videon, Wainwright Dawson, David Fleisher, and arts council representative, and M.A.A. representative, restau' rant and bar association representative, and a goals taks force member. Council representa- tives should be Councilman Blomquist and Mayor StArling, and a city staff member. Councilman Blomquist suggested Dutch Hodges as the arts representative and recommended Carolyn Doty as a member of the open space committee. Mayor StArling said these people have all indicated an interest to be on the committee. Councilman Blomquist questioned whether Councilmembers~should be-on this task force. Council agreed the Council should not be regular members. Councilman Knecht moved to establish a task force on the role of the city in the resort with the members outlined above, the Councilmembers being advisory; seconded by Councilman Blomquist. Monroe Summers suggested adding Chuck Torinus and Jerry Hewey to the committee. All in favor, motion carried. (Councilman Collins left Chambers) REQUEST FOR ENCROACHMENTS- Aspen Arcade and Congdon Jay Hammond, engineering department, said these both represent an enhancement of the right, of-way. The Aspen Arcade is requesting permission for awnings on the Hyman street side of the building. The Congdon encroachment is a fence four feet in the right-of-way to accommodate existing landscaping. Neither of these creates any interference, does not expand structures or creates any income producing space. The engineering department recommends approval with some conditions and an adequate agreement. Mayor StArling said the city gives up something in granting encroachment licenses in the west end. Mayor StArling said Congdon should be the fence in on the property line. Councilwoman Walls moved to approve the Aspen Arcade building encroachment subject to the three conditions in the memorandum of December 20, 1983; seconded by Councilman Knecht. All in favor, motion carried. Councilman Knecht said he would like to see a picture of the house, the proposed fence or maybe have a site visit. Will Perry, blackSmith, presented what the fence would look like. The fence is in keeping with the Victorian neighborhood. Councilman Blomquist moved to approve the Congdon encroachment with the conditions in the memorandum of December 20, 1983 Motion DIES for lack of a second. Councilman Blomquist moved to table this so Council can make a site visit; seconded by Councilman Knecht. All in favor, motion carried. ALBORZ LEASE REQUEST City Attorney Taddune requested tabling this so he could look into the rent increases for the extended period of time. Councilman Knecht moved to table; seconded by Councilman Blomquist. All in favor motion carried. ' HOLLINGER LEASE City Attorney Taddune told Council Hollinger has been leasing the Thomas property for grazing rights and would like to use the Marolt property as well. Taddune said the grazing horses provides colorad and ambiance for the community. Taddune told Council the staff and Hollinger have determined this is appropriate only for the Thomas property, so refer- ences to the Marolt property should be deleted. This lease is automatically renewed from year to year, unless notice is given. Councilman Knecht moved to approve the Hollinger lease and to delete reference to the Marolt property; seconded by Councilman Blomquist. All in favor, motion carried. Regular Meeting Aspen City ~ouncl~ ~anua~y ORDINANCE ~1, SERIES OF 1984 - Emergency Alarm Systems Councilman Knecht moved to read Ordinance ~1, Series of 1984; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE #1 (Series of 1984) AN ORDINANCE AMENDING CHAPTER 8-½ ASPEN MUNICIPAL CODE, WHICH IS ENTITLED "EMERGENCY ALARM SYSTEMS AND PROTECTION SERVICES", BY AMENDING SECTIONS 8%-6(a) and (b) TO PROVIDE FOR A NEW FLAT RATE FALSE ALARM FEE AND BY ADDING A NEW SECTION 8%-9 THAT'EXEMPTS CITY OPERATED MUNICIPAL FACILITIES FROM THE PROVISIONS OF THE CHAPTER was read by the city clerk Councilman Knecht moved to adopt Ordinance #1, Series of 1984, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. SPECIAL EVENT PERMIT - Aspen Council for the Arts Councilman Knecht moved to approve the special event permit for Aspen Council for the Arts; seconded by Councilwoman Walls. All in favor, motion carried. CLARIFICATION OF SALARY INCREASES Councilwoman Walls presented a list of employees that specifically should get raises, rather than the previous motion, which was not specific. Councilwoman said the previous motion granted raises to the lower nine grades, some employees in that category should not be getting raises. City Manager Chapman pointed out the salary survey was not comprehensive as not all positions in the city were surveyed. Chapman said some employee that was not surveyed may want to raise a question about it. Chapman said if this request is granted, he would also like Council to have the staff survey the other positions in grades 1 through 9 which were not surveyed. Councilwoman Walls moved to accept the list as the employees for the S100 salary increases instead of staff in grades 1 through 9 with the provision that personnel director Patsy Malone survey anyone who has not been surveyed; seconded by Councilman Blomquist. All in favor, with the exception of Councilman Knecht. Motion carried. COUNCIL MEETINGS Mayor Stirling proposed to have Council meetings every Monday night and have the meetings end at 8 p.m. This will give Council more prime time instead of going to 10 p.m. The public won't have to wait so long. Councilman Blomquist moved to meet every Monday; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. Councilman Knecht moved to continue the meeting.to Monday, January:~16, 1984, at 5:00 p.m. seconded by Councilman Blomquist. All in favor, motion carried. Council left Chambers at 10:25 p.m. Kathryn S~ Koch', City Clerk Continued Meeting Aspen City Council January 16, 1984 Mayor Stirling opened the continued meeting at 5:05 p.m. with Councilmembers Blomquist, Collins, Knecht, Walls present. This is a continuation of the final consideration of the Ruedi bonds. City Manager Chapman told Council that MBIA has not made a commitment on the insurance of the bonds so that the bonds have not been marketed. Chapman requested continuation of this. Councilman Blomquist moved to continue the meeting until January 19, 1984, at 2:00 p.m.; seconded by Councilman Collins. All in favor, motion carried. Continued Meeting Aspen City Council January 19, 1984 Mayor Stirling opened the meeting at 2:10 p.m. with Councilmembers Collins, Blomquist, Knecht, and Walls present. Joe Barrows, Kirchner/Moore, told Council he received on Monday afternoon a commitment for ~nsurance for the bonds. There were delays in processing this insurance commitment. The insurance has assured a triple a rating from Standard & Peers. The average interest rate on this issue is 9.19 per cent. Kirchner/Moore is prepared to purchase the bonds. Councilman Knecht moved to adopt Ordinance #80, Series of 1983, for issuance of $4,500,000 general obligation bonds; seconded by Councilman Blomquist. Mayor Stirling said he is opposed to this issue as he feels it is a mistake not to go the voters and give them the chance to make the decision. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, naye. Motion carrie-d. Councilman Blomquist moved to adjourn at 2:15 p.m.; seconded by Councilman Collins. All in favor, motion carried.