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HomeMy WebLinkAboutminutes.council.19820913 Regular Beeti]ng Aspen City Council September 13, 1982 Mayor Edel called the regular meeting to order at 5;10 p.m. with Councilmembers Parry, Knecht, Collins and Michael present. MINUTES There were none. CITIZEN PARTICIPATION 1. Tom Cardamone, of A,C,E.S,, told Council he has become aware of a project on the Rio Grande right-of-way just north of the post office. This project may Be an issue ~n September. Cardamone said he and the Board of Directors would like to express their concern about this project. The city has been concerned about open space and green space in this area and this project will encroach upon it. Peggy Rowland showed Council the plans ~or the project. Joan Lane told Council this project has filed for consideration of a growth management quota. Joan Lane asked Council to consider this land when they consider what to spend open space funds on. Ms. Lane said when Trueman got his project, the old Rio Grande right-of-way was supposed to De left as open space and should be left as open space. The project applied for is a 23,000 square foot warehouse. Mayor Edel asked staff to look into this and report back. Councilman Collins also asked the staff to look at this in regards to the trail planned for behind Clark's market. The SPA plan included trail easements and the two should be consistent. 2. Rick Dearie, T-Lazy-? Ranch, told Council he had heard that the Maroon Creek bus will run in September on weekends. Deane said the city is trying to get tourists in town to look at the colors. The bus discourages guests at the T-Lazy-7. Duage Fengel, transportation director, told Council that the Maroon Creek bus usually shuts down Labor Day weekend. The forest service asked that the bus keep running on weekends oecause of the amount of traffic there is on weekends. Greg Thompson, forest service, told Council the parking lots only tolled llO cars; last year on two different weekends, Maroon Creek was averaging 150 cars per hour. The forest service asked that the bus run on weekends. Dean told Council people have called and cancelled at the rancn as they want to drive and look at colors; in a bus you can't get out and take pictures. Deane said he did not know about this until after it was announced in the paper. Councilman Parry suggested that people wno are staying at the ranch be given a pass to oe able to drive up from the ranch to the Maroon Bells. Council and Deane agreed this would work for this September. Council suggested next year this be gone over before September. COUNCILMEMBER COMMENTS 1. Councilman Knecht said this off season would be a good time to experiment with the traffic lights on Main street. Councilman Knecht suggested eliminating the no turn on red, or all walk at once, or having flashing yellow on the lights at Monarch and Aspen. City Engineer McArthur said the lights can be put on blinking for the off season. Councilman Knecht said he would like to experiment with different cycles and different options. Police Chief Rob McClung recommended extending the time of lights so cars can get on to Main street; also recommended crossing on light rather than all walk at once. McClung said the present syste~ creates more traffic jams than ever before. Councilman Knecht and staff set up a meeting September 14th to go over the options. 2. Councilwoman Michael moved to add to the agenda Castle Ridge Improvements; seconded by Councilman Parry. All in favor, motion carried. 3. Councilman Parry asked City Manager Chapman to check Cemetery Lane and Alta Vista. There is a whole made by the phone company that should be paved before winter. 4. Councilwoman Michael said Joh6 Francis and Tom Blake have Peen working on the resort association idea and would like to meet with Council as a group. Council set Wednesday, September 22 at 5:00 p.m. for a work session. 5. Mayor Edel said he received a resolution of the Board of Trustees of the Aspen Historical Society stating. "The following constitutes a resolution duly adopted at a regular meeting of the Board of Trustees of the Aspen Historical Society held on August 30, 1982, resolved that the Board of Trustees of the Aspen Historical Society opposes any sale of the Wheeler Opera House in Aspen, Colorado. The Historical Society strongly recommends alternative sources to maintain ownership of the Wheeler Opera House. They requested that this resolution be put before the electorate in the general election to be held in Aspen, Colorado, in November, 1982. 6. Mayor Edel stated tht on September 15, 1982 there will be another Energy Counsel meeting in City Hall at 10:00 a.m. This is a very productive and well intentioned committee. 7. Mayor Edel told Council he had received a letter from Stellman, one of the leading authorities in the country on calbe systems. They discussed the cable franchise, anti-trust - and the caole position. It was suggested to set up a Citizen Task Force to look into cable TV. The cable contract comes up in 1985; however, they want to renegotiate it prior to that. City Manager Chapman said he would like to discuss theissues with staff and to see how best a citizens committee could best be used and report back to Council. 8, Councilwoman Michael reminded Council at the last meeting they turned down a request by the Epicure Plaze regarding the sidewalks and an encroachment. Councilwoman Michael said she received a call from Don Fleisher who asked Council to give them a chance to present their case. Councilwoman Michael moved to out the Epicure Plaze on the agenda, Councilman Parry seconded. All in favor, motion carried. FIRE STATION AND THRIFT SSOP REZONSNG City Manager Chapman told Council he talked wi'th the Thrift Shop to try to get this issue straightened out so that the Thrift Shop can proceed. Council will be dealing with the rezoning of the area. The Thrift Shop would like to start construction this season, The City has worked out with the Fire Department an opportunity for the ~ork to proceed at their own risk with construction. Chapman said the staff and applicant would liek to know Council's wills. This passed by ~'~ P & Z to let the T~ri'ft Sh.op ~egin at their own risk with construction prior to the final adoption of the ordinance by City Counc%l. The City can help the Thrift Shcp in their attempts to get the Thr?ft Shop under construction. ~ayo~ Edel suggested that Colette Penne explain Council's position to the P & Z. Mayor Edel reminded Council they had a meeting many months ago and said they wanted to resolve this issue so the Thrift Shop can be built. J. R. McCarthy, representing the Thrift Shop, told the Council this building is being don~by the Fire Station and is a continuation of the fire station. City Attorney Taddune said the message can go to the Thrift Shop that under these circumstances they proceed at their own risk, If the public hearing does not result in a favorable determination, the Thrift Shop may have invested time and energy and money needlessly. City Manager Chapman said he felt the City wants this to happen. Some citizen might Object and say that's open space land and it shouldn't be used by anyone. The staff is concerned about that if it is done this way we open the door for a citizen to puc a halt to everything. The staff is being very conservative and this is the sole basis for the concern. The staff is suggesting that Council express to the Thrift Shop some intent that the Council looks favorable upon this. J. R. McCarthy said if the Thrift Shop could just have an acceptance by the Council that we could proceed at our own risk we would be willing to po that. McCarthy said Council should think that this is continaed construction which Council has allowed by the fire district. Councilman Collins inquired if this rezonlng was from park to public, which it is, he inquired whether it comes under the Ordinance from last January due to the fact that this is open park land and the City cannot change use in it. Chapman told Councilman Collins that it was not as it was not oought with open space funds. Vann stated that it has already oeen approved by the HPC and the only thing it has to go through now is the rezoning process by the P & Z. Councilman Collins stated that he thought that the amendment last January was to assure that park land would have to go to the vote of the people. Chapman said there is no reason why if the Thrift Shop wanted to proceed at their own risk that they couldn't start tomorrow. Chapman is trying to abate any risk there might be for the Thrift Shcp. Councilwoman Michael said that sne felt the only way to go is to follow the suggestion by staff. Chapman said that the issue is at risk. The Thrift Shop can go ahead and proceed at their own risk regardless of what the P & Z would say. Councilwoman Michael stated there may be consequences,howe~er she would like to see the process go through, Mayor Edel stated that unless he would hear anything contrary from Councilmembers, he would like to go ahead and do it. Council agreed with this. BALLOT QUESTIONS City Attorney Taddune handed out three separate questions. If Council agrees with the language of these questions they will be inserted in the proposed Ordinance. Councilman Knecht moved to read Ordinance #47, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #47 (~eries of 1982) AN ORDINANCE CONCERNING A SPECIAL MUNICIPAL ELECTION TO BE 8ELD IN CONJUNCTION WITH THE GENERAL ELECTION ON NOVEMBER 2, 1982; SETTING FORTH THE BALLOT QUESTIONS; AND PROVISIONS FOR OTHER RELATED MATTERS. City Attorney Taddune told Council the first question is the Sales Tax Revenue Bond question. If Council is not satisfied with the language, Mike Cheroutes is available to answer questions why it was drafted this way and if Council wants any changes they can solicit Cheroutes' advise on how to change it. Taddune said that the changes from the previous ordinance reflect the questions and concerns of Council at the last meeting. The main concern is the informational aspect of the q~estion versus the legal requirement that certain language be incorporated in the ballot questions. Taddune stated he and Cheroutes feel comfortable with both cuestions. Chapman suggested one change in the sales tax revenue bond question to change "not exceeding" to "approximately". Councilman Knecht said what he was worried about was the $2,500,000-$1,200,000 figures. Councilman Knecht said he wondered if that should be in there because if someone is reading the euestion and adding those two figures together then they find that eight million dollar mark. Chapman said it was put in in response to Council's try to get the issues comparable. Chapman pointed out the two possibilities, one which had the sale leaseback uu~stion with aggregate net lease payments of $9,820,000 vs. a bond issue of $2,500,000. Chapman said those were the only numbers in each of the questions and looking at both questions and the language, a person would assum, that $2,500,000 is all the city will spend on the sales tax revenue bond and $9,800,000 is all the city will spend on the sales tax revenue bond and $9,800,000 is what the City is spending on the sale leaseback question. Chapman said that he was going to try to get them comparable or to change the sale leaseback question so that the aggregate lease payment would not have to De in there at that amount. Chapman told Council he talked with the bond counsel, who would qave to give the opinion on the sale leaseback question, and their opinion is that the figure had to be in the question. Bond counsel says the aggregate net lease payment of $9,800,000 had to be specifically in the question. Chapman told Council they put the $8,148,750 is put in the sales tax revenue question so the two ballot questions could be comparable. Councilman Knecht said he would prefer to leave that figure out. Councilwoman Michael said Council is concerned about the fairness of the two cuestions, as they are two entirely different methods of financing. Councilwoman Michael said she felt this is the best they would get as far as money. Councilman ._~ Knecht said it looks on the surfact a voter is going to read this in a booth and be startled by the difference in the figure. Mayor Edel asked if the potential dollar return from rented space is included in the questions. Chapman said that under both proposals the City leases and operates or owns .and operates the commercial space. The staff left that out of both proposals since that is not affected by the means of financing. Dunaway said that in a sale leaseback question, you don~t have what it will cost the City to reacquire the Wheeler. Dunaway said it will cost quite a sum to reacquire that space; whereas the City always has the space on the sales ta~ revenue bond. Chapman said what the staff tried to do is boil ~t down to the absolute essence - the differences between the two deals. Chapman said on the one proposal the City bas to buy i~t back but in effect they are giving the money up ~ront that you use to buy it back at the end, Chapman said the only figure necessary in the sales tax reven~e question is $2,500~000. The figure you have to have on a sale leaseback question is $9,820,000. Chapman told Council those are the only two figures you must have. Chapman said the Charter requires different information for different types of financing. It is difficult to come up with comparableness. The staff has tried to put the proposals on an equal basis. In order to do this, we would have to put some additional information in terms of numbers in both questions. Mayor Edel agreed this should be put as fair as possible to the voters without coloring it. Bill Daughterty, representing Dain Bosworth, said the partnership is buying the Opera House from the City, making a down payment and taking a mortgage. Daughterty said the value of the $600,000 difference in gross payments in 1982 is significantly greater because under the sale leaseback most of the dollars are being paid after the sixth year whereas in the bond proposal those are level debt service payments. Cheroutes said he has been working with the staff for about two weeks trying to come up with some answer for this complexity. Cheroutes sai~ h~ is not at all too happy about the way it came out. The more the City tries to inform the electorate the more risk you run with confusion, th~ore risk you run with hamstringing yourself in the future, the more risk you run of having a contested election. Councilwoman Michael said she is concerned that in an effort to be democratic and offer two different financing proposals this might end up endangering both proposals. Councilman Knecht said the City should put out some good PR, a good brochure which basically explains the proposals. Councilman..Collins said he would rather go back to Council's recommendations in the simplest form and then get out whatever explanation is necessary. Chapman said to boil this down to the simplest form there is much the same language in each ~estion; the number in the sales tax revenue question is $2,500,000 for the bond; the number in the leaseback question is $9,800,000. Chapman said this is the simplest form and all that is required legally. Councilman Knecht said Council should go with the way they are written and then get out the informational brochures. Mayor Edel said if the voters are really concerned, they will look ~nto the aspects of both questions. Chapman said that one of the problems with these numoers is that both of these questions are predicated upon approximately 12% interest rates on bonds being sold. If the bond rate goes down, each of these questions will get better in terms of numbers. The $2,310,000 payment to us could De negotiated downward but so can the lease payments. Mayor Edel suggested going to the original questions with $9~800,000 in the sales/leaseback and $2,500,000 in sales ta× bond. Councilman Parry agreed with a simpl~er approach with one figure in each question. Council agreed with that approach. Cheroutes recommended an additional paragraph lettered ~ be added to read as follows: ~'The actual dollar amount fixed in connection with the terms and conditions listed above may be either higher or lower than those specified herein, so long as the City Council shall determine that the transaction considered as a whole is in the best interest of the City." Councilman Parry moved to adopt Ordinance #47, Series of 1982; as amended; seconded by Councilman Knecht. Roll cass vote; Councilman Collins, Aye; Councilman Knecht, Aye; Councilwoman Michael, Nay; Councilman Parry, Aye; Mayor Edel, Aye. Motion carried. (Mayor Edel left-Council Chambers EPICURE PLAZA Don Fleisher representing the Epicure Plaza showed Council his plans noting the tree locations, and the sidewalk locations. Fleisher explained to Council the sidewalks in front of the Epicure are double-wide cement. He intends to bread down the concrete and bring in more landscaping and make this more attractive. Fleisher told Council that they worked with the engineering department to have a nice planter area with adequate movement through the sidewalk area. Councilman Parry said the cement space out there ~s enormous and is in favor of this proposal because it will give a good green space. Councilwoman Michael said the issues are pretty clear. ?leischer is asking Council to consider the design possibility; the other is the issue of precedent and allowing individuals to use city sidewalks. Assistant City Engineer Jay Hammond told Council there are vers few places in town where the sidewalks are this wide. Councilman Knecht moved to reconsider the Epicure Plaze encroachment; seconded oy Councilman Parry. All in favor, motion carried.~ Councilman Knecht moved to approve the encroachment agreement oetween the City and the Epicure Plaza as outlined in the August 18th encroachment agreement; seconded Dy Councilman Parry. All in favor, motion carried. PROPOSAL FOR BANKING SERVICES Finance Director Sheree Sonfield told Council the primary question is what is the city's risk. Ms. Sonfield researched the public deposit protection act and talked to the people in Denver who administer it. Because the banks are required to back all of the city's deposits with government securities there is virtually no risk. Ms. Sonfield restated that there is a financial difference betweem going with the Bank of Aspen over the First National Bank of about $15,000 dollars per year. The Bank of Aspen~s financial advantage will go up as we issue more bonds between the federal funds rates and the federal fund rates minus 3 percentage points. Ms. Sonfield said that whenever they have more debt service we have more money running through the Bank. Chapman said the City is planning on issuing substantial amounms of bonds. In the next several months the staff recommendation would be the Bank of Aspen proposal would probably be even better. Ms. Sonfield said right now, all of the debt service, all the bonding coupon redemption that is done in the valley ~s done by the Bank of Aspen; First National Bank does not presently have a set up for doing this. Ms. Sonfield said this is an important item to the finance department in administration and to the city's investors. Councilman Parry moved to ask staff to come ~ack to three year banking services contract with The Bank of Aspen; seconded by Councilman Knecbt. Councilman Knecht said what bothers him about the whole proposal is the strength of one organization over another organization. Ms~ Sonfield told Council they looked at how much the city'-s deposits are insured with the federal depos%t insurance corporation. The oalance over and above that $100,000 has to be ~acked up by equal market value, less government obligations, less government agency obligations, State of Colorado oDltgations and notes secured by good real estate loans. Sonfield said real estate loans can't De more than 75% of the total. It's a requirement of the Public deposit protection act, Chapman said that 6anks have a lot of the same requirements as the public entitles ~ecause they are ~oth puclicly regulated. Chapman said the only thing the City didn't do that might make the dfffewence in terms of analysis of the banks relative weakness or strength is the analys~s of a loan study. Chapman told Council the requirements that each bank has to meet are pretty close to the same, and the analysis the staff did showed in fact both banks were. The First National Bank is part of holding company; whether the holding company makes them stronger or weaker overtime is something that is imponderable. Chapman stated the staff analysis, they found very little difference in terms of the two banks. Lou Gibbs, fro~ The Bank of Aspen and Controller of the hank, said the important point in considering the two banks is not really the relative strengths of the banks, because the City has no risk whatsoever with either institution. The city's first line of coverage is FDIC insurance. The seCond line of coverage is the securities that both banks have to have physically under dual control with some depository or correspondent bank. Chapman suggested putting in the contract, the city get reports from the FPDA office. If there are certain number of times when they nave found that whatever bank the Council chooses does not meet the requirements that that could be called a breach of contract. The city can then reevaluate the contract. Lou Gibbs told Council for the City's own protection, they can arrange the affairs of the City by naming custodians on various funds. The Council can consider the idea and the number of custodians · Gibbs ~old Council e~ery custod±an ±s specifically insured up to $100,000. Councilman Collins inquired how long the Bank of Aspen has been the city's bonding bank. Ms. Sonfield answered since 1960. Ail in favor, motion carried. CEMETERY LANE AND HIGHWAY 82 Councilman Knecht said the original idea of this property at the corner of Cemetery Lane and Highway 82 was for open space. The P & Z commission sent Council a resolutidn that they would like to have that area that is a parking lot now be open space. Councilman Knecht said this was originally bought for open space with open space funds and has ended up as an extra parking lot. Councilman Knecht showed pictures of this parking lot Cars park there and people in PCPA and concerned citizens call the staff constantly about removing the vehicles. This area is a problem. The P & Z and PCPA would like to have this area be parn of the park system. The PCPA and other groups would like to see the entrance to the parks department moved around to the east. Parks director Jim Holland said that the parking lot has been a problem ever since it has been in existence. Holland told Council the parks department did non have a problem coming in from the west or the shop with a road as opposed to closing off the entrance. Councilman Knecht said this ties into the Highway 82 landscapting that never go~ on the city's capital improvement program. Councilman Knecht asked if any of the Council has a problem with this program. Mayor Pro Tem Michael asked if the City would be closing off and landscaping what is now used as a parking lot. Chapman told Council that he asked the parks department no come up with two cost assessmenns. One is putting up a fence and putting in a natural seeding like No Name park across the street. The other cosn o~tion would be Class A landscaped on the design type of area. Holland told Council this could bring in the irrigation sysnem from the golf course, which would cost in the area of $15,000. If the plan is only no top ~oil and native seed and no irrigation ~o look like the other side of the road the cos~ is about $3,000. Councilman Parry said did not wann no semi-landscape that parking lot. Councilman Parry said it seems a separane sprinkler system could be pun in rather than in there spend $15,000. Councilman Parry said he is very unhappy aboun no water along the whole edge, from the pond to the highway was never irrigated. This area needs to be irrigated. Holland told Council to do a nice job on the corner, from the T Box over to the lights, it would be $15,000. No Name Park across the street is an entirely separate prooect. Councilman Knecht said another concept is the landscaping from the Maroon Creek Bridge all the way down to this area, Cemetery Lane. The report is that this would cost S47,000. Holland said he figured it from the parking lot an the Plum Tree to the intersection of Cemetery Lane and Highway 82. Councilman Parry said he would love to have it landscaped from Maroon Creek to the Parks Department. Councilman Knecht said this projecn should come out of the 6 penny, and it should be done well and maintained property. Councilwoman Michael inquired the $47,000 is jusn the cost of putting the grass in or does it include maintenance. Holland said it is grass, grading and topsoil and a fence, non operation costs. Holland told Council he would like to put in a splitrail because it is easier to maintain. This separates the iogger from the golfer. Councilman Parry said he wants the area from Maroon Creek Bridge no Cemetery Lane irrigated and landscaped. Holland said this would cosn $75,000. Councilwoman Michael said this project depends how thevote turns out on the Wheeler because this is a capital improvement out of the sixty penny. Councilman Collins said he didn't feel the City had to get into the expense of putting in blue grass and the extra cost of maintaining. Councilman lollins said this area should shay as natural as possible. Councilman Knecht moved that this resolution from the P & Z concerning the property at the corner of Highway 82 and Cemetery Lane, Resolution 82-1, be incorporated into the councils high priority land use budget along with the original memo from Jim Holland to Wayne Chapman on June 22, golf course landscaping be included on the high priority issue; seconded by Councilman Parry. Ail in favor, except Councilman Collins, motion carried. PARKING RESTRICTIONS AND PERMANENT BUS STOPS Duane Fengel told Council after discussing it with staff he has some very definite ideas on this. Fengle said most of this has a definite safety factor to it. There are certain areas recommended no mncorporate permanent bus s~ops falling into the consolidated system between the City and the County utilizing the same shops in the same locations that the County uses now. With the Ski Corp and school buses, there are about one-half dozen major stops through town. These stops are 75-100 feet long to accommodate both buses. Fengel told Council the biggest majority of accidents this year was because of poor visibility, not by weather but by location of parking and cars in the way. Fengel told Council there are half dozen locations he would like to implement a 30 foot setback this ski season because it is the heaviest impact of time and traffic. The rest of the program would probably come in next spring and one year from now. Fengel told Council what he wants now are locations that are used heavily in the next two months; the Little Nell location on Durant Street, the location on Spring and Main because of the parking for theatre; the 30 foot setback at the Catholic Church; the 2nd and Third Street at Main Street on both sides of the street; Hallam Street between 7th and 8th where parking is being allowed there now. Fengel said this is a total disaster when you pick up school children in the morning you've got Buttermilk, Snowmass, Highlands, all day long. Eengel said it takes 150 feet for most trucks and buses to make that swing on that corner in the wintertime. 30 foot for visibility and 75 feet.for s~op. ouncilman Collins asked if a 30 foot setback was on Main Rtreet or the side street. Fengel responded both ways and in some intersections, it should be on all four corners. Fengel told Council there were more accidents this year as we had a bad winter. The City had 16 accidents last winter; usually there are 6 accidents. Councilwoman Michael stated this is a major thimg that Fengel is asking and will require a lot of discussion and thinking on Council's part. This is a loss of 128 parking spaces in town. Bill Dunaway said permanent bus stops may be self-defeating if the buses don't stop at least once every block. It's a free bus system to get tourists and everybody to ride which started out stopping on demand. That was the whole concept. Dunaway said if there isn't a stop on every block, this will wreck the bus system. Fengel said that Dunaway is right to a certain extent. Fengel is recommending only a surge area with permanent stops. Fengel said he does not recommend any stops an all between Mill and Spring because the bus stops all along there anyhow. Fengel told Council he recommends permanent stops at hird and Fifth along Main Street; Seventh or Eighth and Hallam; out Snowbunny at certain places; towards Highlands. The permanent location stops are going to be in designated areas and they do not affect the downtown core at all. Councilman Parry said on Cemetery Lane people stand at the interesections and benches are needed. Duane said that that was in his 1983 budget. Fengel said if Council would be willing to let him go for the specific stops needed for this winter now is the time. These stops are Hunter and Durant, Durant and Aspen, between Aspen and Garm~sch on Main, First and Main, Second and Main, Third and Main, 7th, 8th and Hallam. Councilman Knecht said that this is not a little decision and he would liek to ask the people who have businessess downtown first before a decision suggested he and Fengel prepare a letter telling what they want no try for this year.and then schedule a public hearing on this. There should be PR on something like this. Councolman Collins said if you take 128 parking spaces an $10,000 per parking space to replace those parking spaces that is $1,128,000. If the City had a parking shelter, he would concur. Councilwoman Michael agreed she would like this presented to the Chamber. Councilwoman Michasel said because the City does not have the parking facility this is not an easy decision. CITY'S CONTRIBUTION TO THE ASPEN SOCCER CLUB Finance Director Sheree Sonfield said in 1981 that Council approved $3800 for the Soccer Club water fees. In 198] they spent about S2900 of that S3800 and in 1982 $900 was spent. The Soccer Club needs another $1300 making a total of S2200 for 1982. Councilwoman Michael asked if there was any money left in the City Council non-profit organization budget? Ted Armstrong said that it was agreed that the Recreation Department and the Parks Department would have use of the soccer field if the City waters it. If this donation is approved, the City would like to retain the use of that park for 2 nights a week at the minimum. Councilman Knecht moved to approve the bill for S1300 in 1982 to water the soccer field, seconded by Councilman Parry. All in favor, motion carried. GOLF COURSE MANAGEMENT AGREEMENT Ted Armstrong told Council he would not be caught in the same position as the City was this year. The golf pro apprised the City that he was not going to be here this season, which puts the City in a predictment. The City did not have the ability in that short period of time to acquire a new golf course professional. Armstrong recommended a three year agreement is with Sport Stalker. Armstrong told Council he heard very few adverse comments about the operation this summer. Armstrong told Council he heard very few adverse comments about the operation this summer. Armstrong told Council a beneficial thing witb the 3 year agreement working with Sprots Stalker is the condition of the gold carts. They are relics and should be retired. The Sports Stalker is willing to put brand new 1983 golf carts on that golf course next summer, but they will do that only if there is some type of guarantee. Chapman told Council the staff evaluated how the Sport Stalker has done, and the response has been very favorable. Chapman recommended a three year agreement with Sport Stalker. Councilman Parry moved to direct staff no prepare a three year managemenn agreement with Sport Stalker; seconded by Councilman Iinecht. Ail in favor, motzon carried. RESOLUTION #26~ Series of 1982 Mortgage Revenue Bond Pooling with Mesa County, Chapman opened the discussion saying that the part of the act an the national level provides for a mechanism for issuing mortgage revenue bonds which are bonds issued through or by the City or some local jursidiction to provide low interest money for mortgagees for qualified buyers and qualified circumstances. The City gets a share of money based on the total amount of mortgages thathave been issued in this area and the city's share is $191,000. There is not a whole lot that can be done with the kind of money that the City of Aspen is going to get. Chapman told Council the problem is if the money isn't used it mn any one particular year, it is automatically lost. A number of communities on the western slope have decided to pool their resources. This resolution would agree to allocate the City's share of this mortgage revenue bond to a pool for Mesa County. The staff recommended this. ~Chapman said this money is used for the purchases of single family homes under certain guidelines. Chapman said he did not know how many people in Aspen will be able to take advantage of it because of income limitations on who can qualify. There are maximum prices for the homes. There are limitations as to qualify people have to be a first time home buyer or not have owned a home in the last three years. Councilman Collins moved to adopt ~ Resolution #26, Series of 1982; seconded by Councilman Knecht. Ail in favor, motion carried. PUBLIC HEARING AND FINAL CONSIDERATION - Ord. No. 38~ Series of 1982 - Creating an L~3 Zone. Alan Richman, planning office, reminded Council they had requested some language changes. Richman said he has synthesized the criteria into a single review mechanism. It was suggested that the set of criteria involving water, sewer, etc. not really apply to the L3 zone district. Council asked at the last meeting for thebuild-up potential for lodges, not only in the L3 zone but for ~11 the lodges. Richman included tables for Council at the end of the memorandum, one wh ich includes the lodge potential and the otheron the 1L2 zone and another which includes the build-out potential in the L3 zone and another which includes the build-out potential in the L3 zone and the third which identifies some vacant parcels found in the review to be potential sites of lodges. There is a potential for almost 1100 new units to be built in the old L1, L2, L3 and in the vacant parcels at the base of the mountain. There is a substantial lodge inventory at the presentitime, and an ability to build additional lodges. Richman said there ms a storng need for rezoning non-existent lodges to lodge status and a need to preserve the lodges. Richman said the staff addressed whether the zoning action should proceed as an individual or class action, The planning office had hoped that this proceed as a class action. Council felt that having the Planning Office take this on as a class actmon might slow the process down. The planning office met with the lodge owners to get their feelings on this. It was unanimous by the lodge owners that they wanted the zoning action to proceed as a class action. There were 3 reasons this action should take place as a class action. One, is the legal standpoint. A class action would be least challengable and most supportable. Richman proposed to write a letter to each lodge owner to see if they wisb to participate in the L3 zone. Richman told Council if they want the lodges to upgrade by this L3 zone, the most positive signal that Council can give to them is to underwrite the zone by sponsoring the action. Richman said the last point was just who belongs in that group. The staff has identified 28 individual facilities that were shrt~term lodges based on response to a 2 survey. There were two or three others than were more questionable. One was the Agate, another the Holiday House and the Third was the Edelweiss, none of whom who responded to our short-term survey. Many years ago, the Agate dropped out of being a lodge and the lodge owners felt th is was inappropriate. The lodge owners requested the planning office to look at business, receipts and sales tax receipts and see if the Holiday House and Edelweiss had been operating as lodges. Councilman Parry said there is a problem with the Agate Lodge as there is a mess in the entrance of our town. Councilman Parry said he would like to figure some way [o clean up that mess. Councilwoman Michael opened the public hearing. Ail Blomquist submitted 17 applications and by the 17 lodges wishing to be included in any class action. Blomquist said Bell Mountain and the Buckhorn elect not to be in it; they are both right across from City Market. Blomquist said it is our request as a group that Council initiate a rezoning ordinance, and give everybody an opportunity no say what they want. Spencer Schiffer asked the recitals be changed to indicate that there are either 30 lodges to include the Holiday House. Schiffer said theintention was to create some flexibility for non-conforming lodges and this is limiting the flexibility. Schiffer said Council should create an overlay district for all of the lodges. Councilwoman Michael said this i'sthebest balance of the neighborhood situation in Aspen and not keeping these lodges non-conforming. Richman said the main purpose of L3 zone is-~of flexibilities, it is to allow lodges to be upgraded. The City needs a mechanism to do that and this L3 zone does that. Councilman Collins said the opportunity has been there for sometime to upgrade the lodges and how big the problem is that the city is going to go through to open a few doors to the remaining 17 lodges or so. When you consider that 40% of the lodges have some questions about it and some have already addressed the question of upgrading, does the city nned this. Sunny Vann said there is a lodge inventory which in the metro area is similar if not equal to the amount of people that go up on the mountain and with the ability no house the skiiers in the metro area. aann stated the primary need at this point is not a major expansion of the lodging inventory, the issue is quality. The other need is there is a mix of accommodations in terms of price, size, style and types and Aspen needs to maintain that mix. The major potential for buildout is in the area presently zoned for lodge development; over 700 lodge units can be built already zoned for that purpose. Vann pointed out in 1978 the units were approximately 800 sq. foot. Lodge owners found that size no longer a marketable commodity. The City is regulatingthe rate of lodge development under Growth Management; It is non an inherent right to build those units. Richman stated that not everyone is going to build the same size units and not everyone will be successful under Growth Management with a limited quota. Councilman Collins said only 17 lodges are not interested; of those 17, some of them have no potential for build-out. Councilman Collins said this is quite an exercise to go through for only 2 or 3 lodges to take advantage of it. Councilman Collins said it is nice no let lodges have an expansion, but they should come in on a case by case basis for the rezoning and let the neighborhood look at the application. Councilwoman Michael closed the public hearing. Councilman Parry moved to adopt Ordinance #38, Series of 1982; seconded by Councilman Knecht. Councilman Collins said it is premature to adopt this on second reading as there were a lot of changes added. Richman said the only changes made were to condense the special review criteria and change the parking requirement. Councilman Knecht said the class action way opts for everybody that wants to be in it to be mn, and everybody who wants to be out - be out. Councilman Parry said this ordinance is overdue and should have happened years ago. Roll call vote Knecht, aye; Parry, aye; Collins, nay; Michael, aye. Motion carried. TROLLEY CAR REFURBISHING Monroe Summers told Council a consortium of nordic skiers are requesting to lease the trolley car for the wintertime to use as a nordic ski school meeting place and a back country hour gathering place and promotional outlets. They contend it worked well for them last year and would like no do it again this year. This group will do some refurbishment in exchange for actual rent on the trolley. Last year the City charged rent at $15.00 per day for the days that they used it. Summers set an arbitrary figure this year of ~350 a month for a total of S1750. Summers drew up a list of specifications to clean these exterior trolley cars, RMCS asked City Council to allow them to lease the trolley car for five months in exchange for S750 in labor, parns and materials in fixing up the trolley. Councilman Parry moved to lease the Galena Street trolley to RMCS under the terms outlined in the City/RMCS memo of August 30, 1982 for the winter of 1982-83 season; seconded by Councilman Knecht. Ail in favor,motion carried. P & Z ALTERNATE~PPOINTMENT Councilwoman Michael put this off because Council did non have a chance to meet in Executive Session. FOOD TAX REFUNDS Finance Director Sheree Sonfield told Council the City is spending about $95,000 for these food nax refunds, which are $39 a person. Food Tax rebates were established in 197]-72 when theCity sales tax amounts were voted by referendum. Anybody who is a resident is eligible for the rebate. Ms. Sonfield told Council the finance deparnment takes each application and look at all of the addresses that a person lists and verify that that person lives at each address which they list. This year the City gave out 2700 applications and 1400 were rejected. Ms. Son~ield said the City doesn't have any method of verifying the dependents. It takes about six weeks no process these and get a check back to the applicant. Ms. Sonfield said the objective is to streamline the process. An alternatmve could be requiring substantiation of dependence by asking for a Colorado St.ate Income Tax return that would be held confidential. Another alternative is to use voter registration by social security number. Councilman Eollins said it is unfair that people who live in the area that pay sales tax cannot avail themselves of the refund. Also it is unfair if you vote, you don't get a rebate and it is also unfair if you don't pay your taxes you don't get the refund. Given all those situations, I would just as soon clear the slate and nave no refund and no tax. Councilman Knecht said he didn't think the staff had the right mechanism. Councilwoman Michael said she really didn't like the idea of the income tax forms. Chapman said the staff wants this more foolproof, understanding that it ms not going to be completely, but do it in SUCh a way that the staff doesn't have to spend as much time on it. Ms. Sonfield said we do need to bring us back in and settle on something at least for next year within the next month. Councilwoman Michael asked that this proposal come back again. RESOLUTION #27, SERIES of 19S2 - Thomas Property Annexation City At[orney Taddune said when the Thomas Property was annexed a small portion remained outside the City limits. The City is petitioning itself go annex the very small portion into the City together with the main Thomas Parcel property. This will annex the entire Thomas Property parcel into the City. There is almost 1/3 of an acre that is outside the City boundary. Councilman Parry moved to adopt Resolution 27. Series of 1982: seconded by Councilman Knecnt. Ail in favor, motion carried. SUBDIVISION EXCEPTIONS Thomas/Kern Colette Penne. planning office, said the map shows that this is a lot line adjustment between two consenting property owners. This application meets the criteria of a lot line adjustment and the planning office recommended approval with two conditions listed. Councilman Parry moved to approve the lot line adjustment between the Thomas and Kern properties with the following conditions: 1. The applicant submits a full-sized plar showing the old and new lot lines for recording. 2. The applicants agree to join the sidewalk, curb and gutter improvement district in the event one ms formed; seconded by Councilman Knecht. Lennie Oates told Council this is on the Roaring Fork Road. The purpose for ghis is the FAR that the City adopted, additional square footage ~s needed by that mn order to construct a garage. All in favor, motion carried. PARK CENTRAL EAST Colette Penne said that This is a recondominiumization of office space. Unit 202 is being divided into four spaces. The Engineering Department has reviewed the plat and they asked only that Unit 202 E which is a common area and a reception area remain in common ownership and be used for access purposes for Unit 202A through D. THe fourth condition that the final plat be reviewed and approved by the Engineering Deparvmenv has been satisfied by that process. Councilman Parry moved to grant subdivision exception to recondominiumize Unit 202, Park Central East under the following conditions: 1. The owners be required vo join in the special improvement district which may be formed in the future. 2. An on-site parking space must be deeded to each of the four offices created. 3 Unit 202E must be held in common ownership and used for access purposes for Units 202A. 202B, 202C and 202D. 4. Final Plat is reviewed and approved by the Engineering Department; seconded by Councilman Knecht. All in favor, motion carried. SOCIAL SECURITY Chapman said a survey was given vo employees on the City's benefits and 80% said they didn't think that social security was a benefit. Chapman told Council ~his is not a decision to finally gev out of social security, it is a decision to initiate the process. You can't get out of it for two years. The City in those two years is going to initiate the process and secondly put vogether a task force of City employees and get some financial advisors for them ~o look at benefits they get from social security system, decide finally whether in fact those benefits are ones that they want to obtain or look au alternatives. Chapman said ~hat the~e are a lot of employees in this ~own who are not a part of the social security system: county employees are nov; hospital employees are not. That is true of a lot of governmental organizations, stave and local jurisdictions around the country. Councilman Parry moved to authorize and direct vhe City Manager vo send ~ letter to the appropriate stave agency requesting the state vo take the' steps required to terminate the City's social security coverage. Motion dies for lack of a second. Councilma~ Collins said'~th~t after people retire at 50-55 you can go out and work in private enterprmse for l0 years and then edge off all sociaI security benefits. Chapman said that this process is going to take 2 years. All counciI is doing toniga~ is to initiate the process so that staff can look into this any further Councilman Knecht said it is the theor~ o~ it that bothers him. Councilwoman Michael suggested tabling it to ~he next meeting and bring it up when Mayor Edelwill be back. Councilman Knecht moved ~o table ~his issue: seconded by Councilman Collins. All in favor with the exception of Councilman Parry, motion carried. ORDINANCES ~48 and 4'9. SERIES of 1982 - Appropriations Councilman Parry moved to read Ordinance #48, Series of 1982: seconded by Councilman Knecht. Ail in favor, morion carried. ORDINANCE NO. 48 (Series of 1982) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $193,877 RECOGNIZING GENERAL FUND REVENUES OF $53,500; TRANSFERRING $9,000 FROM TtIE GENERAL FUND TO THE ICE GARDEN FUND: APPROPRIATING ICE GARDEN FUND EXPENDITURES OF $9,000; RECOGNIZING GOLF COURSE FUND REVENUES OF $600; APPROPRIATING ~CE GARDEN FUND EXPENDITURES OF $600; RECOGNIZING REVENUE SHARING FUND REVENUES OF $3,600; TRANSFERRING $3,600 FROM THE REVENUE SttARING FUND TO THE GENERAL FUND; RECOGNIZING WATER MANAGEMENT PLAN (1981 BOND) REVENUES OF $160,000: APPROPRIATING WATER MANAGEMENT PLAN ~1981 BOND) EXPENDITURES OF $160,000: RECOGNIZING WATER MANAGEMENT PLAN (1982 BOND) REVENUES OF $6,350,000; APPROPRIATING WATER MANAGEMENT PLAN (1982 BOND) EXPENDITURES OF $2,314,600; APPROPRIATING LAND FUND EXPENDITURES OF $61.400: TRANSFERRING $6,000 FROM THE LAND FUND TO TttE GENERAL FUND: RECOGNIZING ELECTRIC FUND REVENUES OF $206,000; APPROPRIATING ELECTRIC FUND EXPENDITURES OF $189,800: AND TRANSFERRING $6.180 FROM TttE ELECTRIC FUND TO THE ASSET REPLACEMENT FUND. Councilman Parry moved to adopt Ordinance #48, Series of 1982; seconded by Councilman Collins. Finance Director Sheree Sonfield said most of the items Council would recognize; the building City share of revenues ay $30,000. The management resource controls. Ms. Sonfield reminded Council they asked whether or nov the employees portion that we are refunding for FICA could help pay the management resource controls consulting fee. I checked with vhe IRS and the Social Security Administration said no, the Civy must pay that fee. So the way this is appropriated $20,000 total coming into the City, $10,000 going out to the employees, $5,000 going our to management resource controls and $5,000 left over for us. There is the $12,000 from the audit; the $2200 for soccer club, for watering soccer field; the $5,000 from Haggman & Yaw to do the architectural work on the g~.lf pro shop. Roll call on Ordinance ~48. Councilmembers Knecht, yes; Collins, yes; Parry, yes; Mayor Pro T~mMichael, yes. Motion carried. ORDINANCE #49 Councilman Knecht moved vo read Ordinance 49, Series of 1982; seconded by Councilman Parry. Ail in favor, motion carried. ORDINANCE =49 (Series of 1982) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $43,841; RECOGNIZING GENERAL FUND REVENUES OF $11 251; APPROPRIATING WHEELER CONSTRUCTION FUND EXPENDITURES OF $12,200: APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $34,860; APPROPRIATING WATER FUND EXPENDITURES OF $106,175; APPROPRIATING ELECTRIC FUND EXPENDITURES OF $2,550; APPROPRIATING TRANSPORTATION FUND EXPENDITURES OF $35,461; APPROPRIATING GOLF COURSE FUND EXPENDITURES OF $281; AND APPROPRIATING ICE GARDEN FUND EXPENDITURES OF $4'40. Councilman Knecht moved vo adopv Ordinance #49, Series of 1982: seconded by Councilman Collins. Sheree Sonfield said that these are reappropriations. What the city has done in the past when there was an outstanding purchase order ay the end of the year, it is automatically added into the next year's budget on the basis that it has already been approved in the prior year. In an effort to help out at year's end we are getting these formally approved rather than jusv adding them vo the following year's budget bringing this through as an actual appropriation ordinance. It's not anything different, it ms more of an administrative change. Roll call on Ordinance =49. Councilmembers Parry, yes; Collins yes: Knecht, yes. Mayor Pro Tem Michael, yes. Motion carried. ORDINANCE #20, Series of 1982, Street Vacation/Courthouse Mayor Pro Tem Michael opened the public hearing. City Attorney Taddune said this is part of a land exchange agreement with the County. We closed that agreement and parr of that was to vacave part of the street. Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to adopt Ordinance #20, Series of 1982, on second reading; seconded by Councilman Knecht. Roll call. Councilmembers Knecht, yes; Parry, yes; Collins, yes; Mayor Pro Tem Michael, yes. ORDINANCE #39, Series of 1982 - Eagle's Nest Rezoning to RBO Mayor Pro Tem Michael opened the public hearing. Colette Penne said last time you went to a site visit before we did the first reading to look at the Eagle's Nest duplex at the corner of Hyman and Aspen to decide whether or nov you were going to require additional parking spaces for the employee housing. At the first reading, CounciI decided it was more of a benefit to the neighborhood to not require parking. Councilman Knecht asked if there wasn't supposed to be some agreement with the owner. Councilwoman Michael pointed out in Section 1 of the Ordinance saying: "the applicant modified the condominiumiza~ion documents To indicate a commitment to provide vwo additional parking spaces if a new owner of half the duplex requests Gordon Denton, representing the condominium homeowner's association of the Cottonwoods, told Council this is continuing to impact our neighborhood. Denton said they requested that if this is passed to allow more employee housing that au least they be required to park off the street. Denton stated there is a terrific parking problem in that area during the wintertime. The street cannot be maintained because of the parked vehicles on the street. The P & Z opposed the deletion to the requirements to provide off-street parking because of the traffic congestion. Mayor Pro Tem Michael closed the public hearing Councilman Parry moved to adopt Ordinance #39, Series of 1982, on second reading. Motion fails for lack of second. '. Councilman Knecht said Council should follow the recommendations of P & Z. Councilwoman Michael requested that it be tabled to the 27th. Councilman Knecht moved to table Ordinance #39, Series of 1982, t~eptember 27th, seconded by Councilman Parry. Ail in favor with the exception of Councilman Collins, motion carried. ORDINANCE #40, SERIES of 1982, Smuggler SPA Amendment Mayor Pro Tem Michael opened the public hearing. Bob Hughes said he is trying to create a more affordable way for people to buy the trailers. We have a solid agreement from the FNMA people to do the financing at better rates than the private money market. We also have a commitment from some local financial institutions to help ~NMA to take-out purposes in the event of a default. This is quite a bit better than anything otherwise than can be obtained; better units au more affordable prices. Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to adopt Ordinance #40, Series o~. 1982 on second reading; seconded by Councilman Collins. Councilman Knecht, no; Councilman Collins, yes; Councilman Parry, yes; Mayor Pro Tem Michael, yes. Motion carried. ORDINANCE #42, Series of 1982 - Sick Pay Mayor Pro Tem Michael opened the Public Hearing. There were no comments, Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to adopt Ordinance #42, Series of 1982, on second reading seconded by Councilman Knecht. Sheree Sonfield said ~hat this is for a refund to the City and City employees on FICA taxes paid for pay on sick days. This must be paid out of the City's refund. Roll call. Councilmembers Collins, yes; Parry, yes; Knecht, yes; Michael, yes. Motion carried. ORDINANCE #43 - Series of 1982 - Benedict Annexation Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to adopt Ordinance #43, Series of 1982, on second reading. ~uncilman Collins seconded. Roll call. Councilmembers Parry, yes; Knecht, yes; Collins, yes; Michael, yes. Motion carried. ORDINANCE #44 - Series of 1982 - Benedict Rezoning Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Parry made a motion to adopt Ordinance #44, Series of 1982, on second reading. Seconded by Councilman Collins. Roll call. Councilmembers Collins, yes; Knecht, yes; Parry, yes; Michael, yes. Motion carried. CONSENT AGENDA Councilman Parry made a motion to approve the consent agenda. Councilman Collins seconded. The consent agenda is (1) Liquor License Transfer for Ute City Banque and renewal for Skier's Chalet. Ail in favor, motion carried. All in favor, motion carried. Regular Meeting ~ Aspen City Council September 13, 1982 CASTLE RIDGE City Engineer Dan McArthur said when they did the sale of Castle Ridge, the owner requested to do the roadway work instead of having the City do it. The owner came back ro us last Friday and worked out some details regarding sidewalk and asphalt paving. The owner asked to reduce the total amount of sidewalk used and curb and guvrer on the projects. According to subdivision regulations and previous subdivisions that were passed,they weren't required to put curb and gutter and sidewalks on the site continuously because of the rural nature of the sites nor related to downtown busy area. McArthur told the owner that in order to make any deletions of curb/gutter/sidewalk he would have to come in front of the Council and plead his case because the Council approved a set of plans which shows sidewalk curb and gutter. It was committed to the tenants that there would be a certain amount of improvements up there. McArthur showed Council the original plan which has sidewalks in front of all the buildings. Councilwoman Michael said that Alternate 1 is the original plan which all parties felt was an overkill at $100,600. McArthur presented Alternate 2 showing a deletion of curb and gutter, and the deletion of sidewalk. This plan leaves the sidewalk directly in front of the building, deletes the sidewalk to the perifery edges or inbetween buildings. The owner proposes a deletion of all curb and gutter except for around the islands which hold the trash bins and the transformers. Tom Lacy said the third plan allows a lot easier snowplowing because the gutters cause a problem for the plows. (Shows pictures of last year's ice dams on roof). Lacy said if we don't put the cold roofs, they are going to cost a lot of money. This will result in increased rents to the tenants. The trade-off is there will be a little less sidewalks but that will leave a lot more money to,do the cold roofs thus keeping these expenses and rents down. Councilwoman Michael asked if Plan 1 was written in the contract. Lacy said there was a schedule that required $200,000 in improvements at Castle Ridge and certain specifications were included in that exhibit. Ron Mitchell said $200,000 is to cover landscaping, the sprinkler system and the paving and sidewalk. Anything left over was to be to the discretion of the owner and they were going to poll the tenants. Chapman said that what Council needs to understand is the owner is still obligated ro spend $200,000 in improvements. What they are suggesting is that what they have heard from the tenants about problems they would be consulted and may even wind up being more economical in spending money on the cold roof as opposed to spending all the money that they had programmed for the curb and gutter. He said that is the tradeoff. Lacy said this should be cheaper for the tenants and cause less water damage. Councilman Parry moved that Castleridge Associates honor their original commitment for curb and gutter and sidewalks up to approximately $78,000 and they further con, it to a program to build cold roofs in the phased fashion up to the approximate cost of $112,000; seconded by Councilman Knecht. Ail in favor, motion carried. Councilman Parry moved to adjourn at 10:45 p.m. seconded by Councilman Knecht. Ail in favor, motion carried.