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HomeMy WebLinkAboutminutes.council.19820927Regular Meeting Aspen City Council September 27, 1982 Commissioner Klanderud. call ed the meeting to order at 4;05 P.~. with Co~issioners Kinsley, Child, Madsen, Blake and~ CouncilmemBer~ Knecht, Parry, Collins, ~i. chael and Mayor Edel present. 1. Ruedi Reservoir Hydropower Study. City Manager Cbapman recommended to the Boards that the feasibility study appears to say we should go ahead with. the next step, which is the preparation of the final application for the permit in the Federal Energy Regulatory Commission. The approximate cost of that next step will Be tn the $17,000 range for engineering. John Musick and Bob MacGregor from Shaeffer and Roland, are in t~e 6est positior to answer any questicns. Basically, the report says that from a financial point of view this is extremely feasible - from the environmental point of view it is extremely feasible ~f~om the point of vie~ of other jurisdictions, there are some things we still have to do. George Madsen asked if there were ~ecomme~dations as to ho~ the power might Be wheele~ - this is a consideration of the do~n ~alley communities. Bob MacGre§or told tee Boa~ds that Boly' Cross Electric has a line which is very near to Ruedi Dam. ~oly Cross thinks it ~s quite feasible and practical to poke the power into their line and suosequently put the power into the public service company line ~.ich comes up valley to A~pen and The City of Aspen would actually Be t~e user of the po~er. MacGregor state~ this is a better alternative as the value of the power to Aspen %s more than the Public ~e~ice Company appears to be willing to pay for it. The rate the Public Service Company' i~s will~n~ to pay ~itbout some rather extensive negotiations is in the order of 3.6 cents per k?loeatt hour. Be also stated the 4.6 cents is The City of Aspen's rate it is now paying on a e'holesale Basis for poeer. Iin a recent case Brought by Energetics out of ~asbington, D.C. attempted a number of low ~t h~dro facilities throughout the State and the hearing officer for the Public Utilities Co~m~ission ruled that the avoided cost was the coal fire alternative presently being constructed By Public Service Companies which is approximately Y cents. Althoug§ the ~ords ~n number ~. Y cents ~ ~ere not used, the phrase coal fire alternative ~as, and that ?sa raw nk~m5er that does not take into account what rate specialists will tell you is the actual value of po~.e~, The actual Yalue of power ~s more than the cost of construction of the facility, So ilt ils Y cent~ o~ ~ore, The ruling would 5e §elpful in affecting negotiations. The Public Servicers approach, to t~at rul~n~ i's yes. B5en we Build a new power plant it costs us ~ cent~, 8 cents, 9 cents, depending upon how you calculate i.t, But that new power plant Cs not our sole source of poeer. Bob ~acGre.gor stated that ee can Buy cheap power from the Bureau of Reclamation and said that some old plants are:imysem~ice. Jobn Busick told the Boards that for the purposes of the feasibility report, Bob':s engineering firm assumed the negative in all facets. In te~s of a wheeling cha~ge, the City will have to pay that. MacGregor said a wheeling charge is a charge for carrying poeer on someone else'~s lines and the charge is Ten (10%) percent plus one mill. Wayne Chapman told the Beards that the staff has assumed as much as they can about the downside or has taken what Ae thin,is the most pessimistic scenerio. That is not saying it is the most realistic scenerio. Be said the Public Service Corporation ]s very anxious to have us go ahead with this project and once the Boards tell us to go ahead with this next phase, part of that next phase will be sitting down with Holy Cross, Public Corporation, the Bureau of Reclamation and other agencies that are involved in Beginning to negotiate specific operating agreements. Mr. Chapman stated that they have shown what Ct is going to ~e like if the worst case possible happened. Bob MacGregor poointed out, if the Boards negotiate a zero wheeling charge, it would more than double the net benefits of the project that would go from $8Y~000 to $250,000 in one year. John~usi]ck passed out to the Boards a s~t ~e;,%i~on. Of t~e d~aft feas~Ei]i!ty, T~e draft feasibility report i's very large. The staff will go oyer it ~i:tb ~everal departments so that they can make their comments and the Board can make comments before it is put in final form. The report has Been also cleared witb. the Federal Regulatory Con, mission and the Bureau of Reclamation for order of magnitude or reasonableness and they have all found them to be within the range and reason and also to be correct. Musick referred to tmo tables ~hich is a summary of the annual benefits and costs of the long-term operation of a five~egawatt facility, Wear is shown here is the year that the plant is in operation; the kilowatt ~ours; the debt service at 13½ - 13% interest on 30 year bonds; the operation of maintenance costs; the eheeling charge at 10% plus one mill; the total cost; the Benefits; and the ~e.nefit cost ratio. Musick told the Boards that the Bureau of Reclamation~s attitude bas been that the bydropower is an add-on to the existing facility, It doesn~'t change the operation of the facility; it doesn't cost dredging costs to arise; it doesn't change the release of the waterfall. So extra costs like that are not included. Musick took the approach that the Bureau of Reclamation took, which is to sell the water as the demands rise, He told the Boards the City and County will net a couple of hundred thousand dollars a year. Musick said the Ruedi Water and Power Authority is another issue and how the City and County ehoose to deal with your neighbors in the valley bas not been addressed. He said that the City and County are the permitees for this project. If the City and the County do not file the application under the current exemption, the exemption will be lost and any other competitor can come in and deal on equal footing with the City and County. If anything is changed over the way the permit was awarded, the project is jeopardized and could go to another user, another municipality, another competitor. Jg~stc~ potnte~ out t~ co~pa~']?$ons~ a 3.2~egawatt facility which can be expanded at a later date to 5,0. ~acG~egor has Yound iln the. ea~lile~r years t~at a 3,2 megawatt is the most cost effective... Busi:cE b~oug§% aP tee en~i~o~e.ntal i~Pacts~ and said if the BOR keeps more water in the reservoir, tEe:ir share of tee. pyo~ilts gO ~P, There ils actaally more of a head On the reservoir because t~e~ Ee~en'~ ~ai~ed i~t ~6~n~ th~ tE~re, i~ ~ore profit and more power. So we are helping t~e pay'back, ~ll this ~orce some. k.in~ of Tel ea~e. schedule that is going to reduce the recreation benef?tm on Raedi] or the ~ecreation Pote.nti,al o~ opportunilti, es below? Musick said No, and BacGregor bad taken a step ~it§. tee Ba~e.~ o~ ~e.claT~atilon to actually improve it. Child asked about tee power lines, ~usick. ~aid th.e~ ~a~e re.co~ended ~econductering on the existing 25 KV power line that runs dO~n the ~alle~' that i~s p~e.seatly tEere, and bailding,only a short spur of about 4,000 feet from th.e faCe of the ~am ap tO t~at existing 25 ~ line, No nee line is necessary. The v~sual impacts could not 6e apparent to anyone on t~e existing Ruedi road. Chapman told the Boards that one of the t§i]ngs th~s doe~ ~ 9i,¥e as tee a~ililty to negotiate with the Bureau. Commissioner Kingsley asked about t~e noise and ~acGregor sa~d ~ou ~on% know outside of the power house. TEe power ho~se e~ll Ee ~lgh.t next to tee ex~stilng outlet corks there is an extra building tEere ~.ich is going to Ee a6out 4~ feet E~40 ~eet ~ut ~e.'~e not talking about constructing a ne~ area.. I~' an area that §as al~ea~ 6een ~i~tur~ed.~ There is already a road down to the sight. Ruedi~ Dam i]~ extremely ~nasual i~n te~ms of the ease of tacking on a hydropower facility to the outworks. I]t was originally: ~esi~gaed to ~ia~e. an outlet for another purpose. So if the construction is going to take place iln an a~ea t§at ~s ~eazona~ly' removed from the dam, there should be no hazard assoc?ate~ with. tee construct~on~ ~I~?c~ ~ai~ th.is facility alone will provide 44% of the base electric needs for the Aspen s~E~tation w~ich ~s no insignificant step by the City of Aspen and Pitkin County, T~i~s ?s a step towards energy' independence. Councilwoman Michael moved that th.e County and Ci~ty a~tEe~ize p)~e.p~ratilon o~ the application for final hydroelectric po~er permit and that tEe apprexi~ate cost of't~s next ste~ of be borne by The City of ~spen electric funds with t~e anderstan~i~ng that t~e C~ty of A~pen funds are reimbursed at the proper time; this eas seconde~ b.y Co~m~issioner ~nsle~ All in favor, motion carried. 2. Bus ConsOlidation Steering Coy~mittee Report, The Council and Coy~missionems decided to address this in a work session. 3. Amendment to Joint Funding Agreement. K, Stewart presented an amendment to tee Joint Funding Agreement on the bus maintenance facility, ~hen the staff flr~t prepared the grant in early 1980, we made some estimates as to what the Cost could 6e ~. eh.ic~ was made at $6,200,000. Between the time that the grant was submitted and the time UMTA actually approved the grant, a considerable amount of time transpired. When U~TA came. back eitb tee grant appro~al~ they suggested that the grant be increased 10% to a number of $6,8Y5,000, The staff bas used the $6,875,000 figure in all of our planning and design work, Stewart told the Boards they need to amend the official paper work as part of the grant to show t~at ~e a~e ap~lyi!ng for the 6.8 million as opposed to the 6.2 million, Steeart said the agreement needs to ~e amended in No, 2 under NOW, THEREFORE, to add to that the following clause; ~and ils e~tended th~ougE December 31, 1984". Stewart told the Boards the staff expects to De fully mo~ed in April of 1984 and be arbitrarily taxed it on the balance of the year for clean-.up 6ecau~e this agreement refers to construction period of the grant and how ee split the cost, Stewart said t§e draeing estimates were just submitted and are being revieeed so he can'~t tell ~i. tbin a couple of hundred thousand what the facility will cost.. If it can be built for 6,2~ for example~ ee will, The number in the grant is based on budget estimates far in advance of any construction drae%ngs or bid estimates. Upon receipt of those, it is possible teat it could ~e lower than the grant authorized. Stewart told the Boards th.at the ~mpact on the City is $84~150~ more than what was originally submitted; the impact on the County is $34,3Y1.~ Councilman Knecht moved to instruct staff to amend a joint funding agreement to word it for $6,875,000 for the federal share and Paragraph 2 add the eord~ ~and as extended through December 31, 1984~; seconded by Commissioner ~adsen, All in fa~or~'~otion carried, CITIZEN PARTICIPATION 1. Stormy Mohn told Council Ee is speaking at tee Gant tomorroe night on the Introduction of Libertarian Ideas. One of the things we are going to do is go through, the agenda thils evening for responses and sOlutions. COUNCILMEMBER COMMENTS Dick Knecht told Council be had asked City Attorney Paul Taddune to eork up an amendment to the petition that the Citizen':s Action Committee proposal was originally that one-sixth of the registered voters would have to approve any bonding and tax issues. The proposal ils based primarily on the fact that ACAC wants to bare election on an on-season time instead of an off-season time. He got together with them about th.is and had Taddune draft an Ordinance.. Regular Meetin9 &spen C~ty' Counci!l September 27, 1982 Dick Knecht moved to Put Ordinance 50, 1982, on the a~enda~ th%x~as seconded hy Councilman George Parry. All in favor, motion carried. 2. Councilwoman Susan Michael said the Council was supposed to meet ~ith the Pitkin County Parks Association today and did not. Susan Michael said ~he wanted to make sure Council doesn't lose that. 3. Councilwoman Susan Michael told Council she received some co~nents from residents down in Sneaky Lane about the Ben Deane subdivision and would l(ke an update. Paul Taddune told Council that in order to avoid any detrimental reliance, ar Order to Show ~ause was issued from qis office. Taddune has met with both partiles and the legal issues are being briefed. Taddune has heard arguments from representatives in the nei]gh~orhood and arguments from Spence Schiffer, WhO is representing Dearie, The question of law ~nvolved is ~hether or not two parcels, which were acquired by the same owner, are merged after a certain period of years. What happened here was that the parcels involved were acouired separately and then conveyed to the subsequent purchasers as one parcel, Taddune told Council the question is whether or not the subdivision regulations pertain to once again redividing that parcel, beane has subdivided the one parcel to the original two parcels that go back in history, and he %s offering both of them for sale. Although the City is concerned about people subdividing property ~ithout going through the process, the City is al so concerned about the acquisition and accumulation of property without going through the process. That is the other issue involved the Ben beane property. Taddune told Council the complainant is Bill Jordan and a copy of the s~o~ cause letter was sent to Jordan. Taddune has forwarded copies of the show cause letter to the realtor~ ~n quest%en. Taddune has put the property owners on notice that a complaint has been filed and gave property owner, Mr, Dearie, an opportunity to respond and bas given the complainant an opportunity to respond. Taddune said this is the fairest way to ~andle the problem. 4. Councilwoman Susan Michael brought up the street lights, Council got a memo about the changes and that engineering will monitor the situation, Jay Hammond, Assistant City Engineer, told Council the police department is also keeping an eye on those intersections and trying to note if there are any apparent problems or see any accidents of that nature. The staff is trying to monitor citizen comment and make observations. Councilwoman Michael requested a discussion of the lights at t~e next meeting~ She mentioned a card from Joan Leatherbury which says, "you must replace the red-green light at Aspen Street and Main. This is a very dangerous intersection. It is the only way to cross wi]thout going into the center of town. For years this has been effective with red and green only. Please put the red-green back; the flashing light does not work. Thank you very much~, Mayor Edel noted that some of the older citizens have called and said that they were terrified trying to get across Main Street by car. He stated that they are terrified of the blinking yellow. The Council asked staff to address these issues and report back. 5. Mayor Edel told Council he was given some mail from Eloise Ilgen of a very n~ce. way of notifying visitors that they are breaking our la~. Mayor E.del sa~d the C~ty o~ght to seriously talk about instituting something a little more affirmative about pa~k~ng violations, particularly out-of-state plates. I think this ia a very nice waM of handl?ng the situation, Council asked for staffs' thoughts and report back. 6. City Attorney Taddune told Council Red Roofs Inn ~s re.questin§ that Council consent to allow them to grant a deed of trust in their leasehold to ~esti'nghouse Credit Corporatilon as collateral for a financing package tht Red Roof is negotiating, Dick Knecht moved to add Red Roof inns to the agendas seconded hy Councilman Parry, All in favor, motion carried. Mayor Edel brought up the fact that the Chamber of Commerce is going to appoint a political action committee to become involved in elections endorsi, ng people as candidate~ or goi]ng against certain candidates. Mayor Edel said this is about the most inappropriate action that Aspen~s Chamber could possibly take. At a time when Aspen is trying to get this community to pull together, to act together, to be cohesive and unified in what could he some trouSled times, the Chamber is proceeding by this action to divide the town. Mayor Edel said he ~as never heard of the Chamber of Commerce anywhere, including the U,S. Chamber of Commerce to 5ecome a platform for an endorsement of candidates. Mayor Edel said be felt this does a terrible disserwce to Aspen. Mayor Edel said ne feels so strongly about this that he would like the Council to reexamine the Chamber's budget request when the budget comes up because rather than giving the Chamber a~ money to produce political activities it would be better to take the money and spend it o~ alleys, which is a more positive way of merchandising Aspen. Mayor Edel said there are certain issues that the Chamber should very much get involved with; however, to talk about individuals in a town that doesn't have Republican or democratic parties or liberal or libertarian parties is breaking up the Community into a ~have~ and ~'have not~ community, Councilman Collins seconded what the Mayor said and said he felt the same way. It is an inappropriate action for the Chamber to initiate, and Councilman Collins said he would certainly '" urge the Chamber to reconsider the position that they have recently taken. Councilman Collins said that the Chamber, as a recipient of City funds, places any money they may receive in jeopardy. Councilwnman Michael said she is sorry about the idea oecause the Chamber has done important work every election without taking sides. The Chamber's political platform is probably still the most important and without putting pressure on candidates to make decisions on business' concerns that may be valid but are in and of themselves relatively narrow and to begin in that sense to start to restrict people's thoughts, the Chamber is business. When organizations begin to endorse candidates, they beging to make rather specific demands of candidates. Mayor Edel said his absence during the budget he hopes Council looks very heavily at the monies allocates for Chamber activities. 7. Mayor Edel brought up a problem with the media. The problem he addressed vas after the report of the PCA meeting with us. The meeting started in terms of distant attitudes. After the discussion, the end result was quite different. Mayor Edel said he got the attitude that PCPA came in and left with the same antagonistic air which is just not true. ~ayor Edel said he would appreciate whatever diligence you can to overcome a basic problem within the media~ Ordinance 50, 1982 - Times of Elections Dick Knecht said the All Citizens Action Co~mittee sponsored a petition stating that one-sixth of all the registered voters would have to approve 6ond and tax matter issues on the ballot. If the figures are examined nothing would ever pass in the City or the County if this petition passed. Councilman Knecht told Council he has met with All Citizens Action Committee and asked them the direction they were trying to come up with. The problem is the fact that special elections are held in off-season time. Councilman Knecht said that if Council comes up with an ordinance stating that all elections about bonding and tax matters will be held during the on-season, ACAC will withdraw the petition. That is the purpose of thcs ordinance. The ordinance states elections will be during the season - January, FeDruary, April, July, August and September. Dick Knecht said that 370-380 voters that would have to approve a bond or tax issue in a special election and chances are not that many people would even vote. Me further stated that every issue would go down. Even the people who bother to go to the poles and vote, Yes, their vote isn't counted at all with this other Situation. Councilman Knecht said e~eryone~s hands would be tied if this petition got through. The City would just stop, There would 5e no reason for the City to put anything on a bond issue. ACAC is asking Council to put the elections in an on-season time which there should be no problem with. This Cs the way it should be. Councilman Dick Knecht moved to read Ordinance 50, 1982; seconded by George Parry All in favor, motion carried. ORDINANCE #50 (Series of 1982) AN ORDINANCE REQUIRING THAT SPECIAL MUNICIPAL ELECTIONS BE HELD ONLY DURING THE MONTH OF JANUARY, FEBRUARY, MARCH, APRIL, JULY, AUGUST OR SEPTF2~BER OR ON THE DATE OF A REGULAR ELECTION. Dunaway said that December is much more an on-season ~han April. The lo~est month th.e town has is April. Council agreed. City Manager Chapman said the City plans referendums more than just 60 days ~n advance, so this shouldn't cause problems. Dick Knecht moved to amend that Ordinance 50 now read~ December, January, February~ March, July, August, Septemoer and the date of a regular election and adopt on first ~eadi. ng~ seconded by Susan Michael. Roll Call Vote. Councilmembers Michael, Aye; Collins, Aye; Knecht, Aye; Parry, Aye~ Mayor Edel, Aye. All in favor. Motion Carried. ASPEN HIGH SCHOOL SPEECH & DEBATE TEAM. Mayor Edel told Council that he a~ked Ken Lyon to come before Council though this is is a function of the CCLC. Mayor Edel wanted Council to hear about it and the media to hear about this and give it a lot of publicity. Mayor Edel suggested that Lyon meet with Tom Dunlop, the Environmental officer, and check out with him any noise restrictions. Mayor Edel said that the Speech and 3ebate team of Aspen, Colorado hig~school has been enormously successful and with one of the largest turnout of kids. Lyon read the full list of books the speech team will read. Lyon told Council that KSNO has agreed to be the sponsor and he is looking for other sponsors. ORDINANCE #47 (Series of 1982) BALLOT QUESTIONS. Councilman Knecht said Ramona Markalunas has been working on the revenue bond question and nas some wording changes. The wording changes are underlined; ...to retain, restore and rennovate the Wheeler Opera House and to issue revenue bonds payable from and secured by the pledge of the RETT and sales tax revenues. Chapman told Council that may be very diffi.~ult to market and g~ve an opinion on it with that language added. They couldn't market the bcnds based on real estate transfer tax and that is why the City is in this situation. To add the RETT in now as part of the language may defeat the purpose, Regular Meeting ASpen City Council September 27, 1982 Chapman said the problem ts one of assuring the buyer, Taddune told Council that bond counsel has no problem with including the real estate transfer tax; you can put the real estate transfer tax, the sales tax %n any combination. Ma~vor Edel asked about the word retained in the question. Taddune said Cheroutes does not have any problem with that so long as it goes down at the bottom of the question rather than up at the top. Taddune said the Sales Tax Revenue Bond Question is asking for authority to issue bonds not for authority to restore and rennovate and retain, Cheroutes has a problem with using that language up front rather than down in the body of the questions. The sale and leaseback question is specifically to sell; that's why that language is up front. Mayor Edel said his reaction to retain means the City retain ownership and then can do what we want in terms of leasing . Suppose we decide to condominiumize. Taddune said what he is concerned about is the possible constraining of the word "retain" to limit what the C?tyts options are on the space at the Wheeler, The City wants to lease the commercial space and someone might construe "retain~ to mean we are going to use it for City purposes only. Chapman noted there are two issues on the ballot, If both issues pass Council can choose the sales tax revenue bond approach or the sales lease back, Mayor Edel said retain could be a very restrictive thing and he would worry about the City's ability to come up w~th a good condominiumization. Taddune said the word '"retain~ is a word that bond counsel would just assume stay away from. He also stated there is no problem with RETT and Council can put the sales ta~ revenues first. Councilman Knecbt said on the second question, ~ewould like ~for Two ~illion Nine Hundred Thousand Dollars~ added. Chapman told Council be is uncomfortable with "'Two Million Nine Hundred Thousand~ because it narrows the question~ Chapman said no dollar amount gives him the ability to negotiate better prices in .terms of the lease arrangement, Taddune said if the figure is put in then there should be some qualified language, such as not less than or approximate. Chapman told Council that he may be able to negotiate the deal so that the nominal sale price is less than Two Million Nine Hundred Thousand but the actual amount of money the City receives might be more. Council decided to add ~for approximately $2,900,000~ in the second question, and keep the first question as written. Mayor Edel said the PCPA's primary concern about the language regarding monetary concern was the City is discussing with the highway department the possible purchase of the land which would be about $140,000. There is no need for the sentence about monetary consideration. Mayor Edel said the PCPA recommended not having that language on the ~allot. It might hamper the negotiating ability with. the Highway Department. Councilwoman Michael agreed the best thing to do is leave the language out. Councilman Knecht said that last sentence is very, ~ery i~portant on the Thomas Property issue. Councilmemoers Parry, Michael and Mayor Edel all wanted the sentence deleted. Councilwoman Michael moved to amend in the following manner on the second tine after ~beeler add, "for appro×imatelyTwo ~illion Nine Hundred Thousand Dollars; seconded hy Councilman Collins. All in favor with the exception of Councilmembers Parry and Knecbt. Motion carried. Councilman Parry moved to drop the last line in question No. 3; seconded by Councilwoman Michael. All in favor, with the exception of Councilmember ~necht and Collins. Motion carried. Councilman Parry moved to drop the last line in question No. 3; seconded by Councilwoman Michael. All in favor, with the exception of Councilmember Knecbt and Collins. ~otion carried. Councilwoman Michael moved to adopt Ordinance No. 47 on second reading, as amended; seconded by Councilman Khecht. Roll call vote. Councilman Collins, Aye; Councilman Knecht, Aye; Councilman'Perry, Aye; Councilwoman Michael, Aye; Mayor Edel, Aye. Motion carried. APPLICATION FOR THREE-WAY LIQUOR LICENSE - ROARING FORK AND SPOON. Mayor Edel opened the public hearing for a liquor license of The Roaring Fork and Spoon, a three way liquor license at 304 East Hopkins. City Clerk Koch reported the file, posting and publication are in order. Deborah Seguin told Council this will be a moderately priced family restaurant with meals that visitors and locals alike can afford to bring their families. Prices should range from about $5 to SIO. The menu will De someehat similar to the Home Plate. Ms. Seguin said she will manage the restaurant. Mayor Edel asked for any opponents to this license. There were none. Councilwoman Michael moved that based on the evidence presented at the public hearing on September 27th, the application of the Roaring Fork and Spoon be granted~ seconded by Councilman Parry. All in favor, motion carried, LIQUOR LICENSE TRANSFER - JUDGE. BEANS III John Walker told Council he has two other restaurants in Dallas. This will be a family restaurant serving Mexican food and southwestern food at a moderate price for local people and tourists. Councilwoman Michael moved to approve the liquor license transfer from Chesapeake Aspen to Judge Beans IZI, Inc.; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE TRANSFER - ANDRE'S Rob McClung told Council that Mr. Israel has come forth with his requirements, financial statements. The staff feels it is incumbent upon Council to make a decision on whether to grant a liquor license to a person who has a former record. This must take some reconsideration on your part. The Counci'l must evaluate Israel's conduct and probation report and make a decision. Richard Cummins told Counci~l the statute says that they should consider Israel'~s prior conviction; however, the statute also says that that cannot be the basis of denials ~f Zsrael Ks not of good mora~ character now, he shouldn't have a liquor license. Summins said his record works in tha opposite direction. Israel went the extra length in terms of educating himself and in terms of working. Cummins said he and Israel documented every single cent tht went into the transaction. I understand the police department"s concern aDout the drug proDlem in this town. Cummins said that Israel would be more sensitive to the problem than anybody else, Israel said it is incumbent upon himself as a professional restauranteur to conduct AndreLs in a professional way. Israel told Council he has invested in Andre's. McClung said he is concerned about the drug use in the bars and restaurants in our community and because of Mr, Israel ~s background and experience and criminal record he is dubious of Zsrael's ability to run a restaurant such. as Andre':s in a community such as Aspen. McClung said Aspen is a very difficult co, unity to'work in and it'~s a very difficult community to control. City Attorney Taddune reminded Council the focus of t~eir attention should be the moral character of the applicant at the time of t~e applIcat~lon, not at the time sometime in the past. Cummins told Council the transfer ~s of only 50% ?nterest.. Essentially it is still the same operation. Andre Ks st%ll there.. Chapman pointed out that Council does renew liquor licenses on an annual bas~s. There are procedures for revoking a liquor license should that De necessary, Counsilman Knecbt moved to approve a 50% transfer of the stock ~n Ulran, ~nc.. to Peter Israel; seconded by Councilman Parry. All in favor, motion carried.. PARKING ISSUES ~ouncilwoman Michael said this is a discussion item on parking generally, ~ark 6rougb.t up an ideal that has been done in some other towns; an attempt to raise revenue for the City and try and reduce some of the unnecessary congestion that comes ~bout from people playing "change spaces". There are many of us employed in the downtown area and Seca~se the nature of our business have to use our automobiles frequently~ As a result of that people spend endless energy and time watching for the meter maid, running downtown, changi, ng t~eir space. Free~e~ said he would De glad to pay an annual permit fee which could help raisemoney for the arts in town. Freeberg mentioned that the City of Laguna Beach raised $52,000 for pa~king pe~fts. Councilman Parry said the idea is intriging Decause ~usiness people, ~n to~n do ne,ed a~tomo~les at times. The biggest proDlem is to prov%de parking for tourists because that ~s what all the business people want. I'f the C%ty could have a permit system to g%~e people two h.ours or three nours that are necessary for certain things it might work~ ~owe~e~, the ~!dea of paying means the very rich man can park ~is car anytime he feels like it and that isn% fa~w e~ther. Freeberg said thi is for certai~n kinds of businesses. A person who works as a ~ank. teller does not need a car and there is no reason way they should ~e entitled to thil$ per~i~t.~ B~ll gunaway pointed out when everyDody buys a space., there eon'~t ~e space for tourists. That would ~e detrimental to the businesses that rely on tour%sts, T~e zoning creates: a co~e~c~al co~e for the tourist oriented businesses. Dunaeay asked bow would the City d?scrim~nata? Counc?l~an George Parry said we don':t have enough room and it's very diffi, cult to say who gets a pe~mft and who doesn't get it. We don~t ~ave any spare parking places mn~ ~sfness people. saying we need turnovers in parking spaces. Co~nc%lmem6er ~ayor C~auman saild a parking permit may raise the potential for a solution to the problem. There may be money to purchase a parking area or build a parking area or for the acquisition of land, Cbap~an stated the parking problem is not one that lends itself to an immediate and easy solution, Chapman suggested examining the idea to see if it lends a Solution to the oroblem.~ Tbe Cilty has to accommodate the tourists. Councilwoman Michael said Council is working toeards the i'~ea of financing a parking garage on the Rio Grande, Councilwoman Michael sa~d ~em concern %s how to coalesce interest enough in solutions to get something going on the parking garage, Councilman Parry said the last time the City wanted to expand the Mall, people voted it down because the City was not willing to put in any parking. The Council is the one who has to make a decision toward a solution for parking if businesses were interested in investing in two spaces, three spaces, the City could begin to get together money to invest and put ~n a parkfng garage under Wagner or at the Rio Grande. Chapman reminded Council that within two weeks they will be receiving probably two or three proposals for constructing a parking garage down on the Rio Grande. Council agreed to keep working on parking ideas. SMUGGLER TRAILER PARK AGREEMENT. Chapman 'told Council that Taddune and he went down and talked to FNmA are imposing are directed toward upgarding the quality, which upgrades the price, The City bad a sales price of $70,000 per unit. Mayor Edel said the bottom line ~s that it will be a better per month deal for the buyers and it seems to make sense. Councilwoman Michael moved to grant the application of the Smuggler people and to amend the precise plan. In accordance with the request for the increase in the allowable sales price to $76,000 for the 14 X 70 mo6ile home and $71,000 for the 1~ × 60 mobile home which shall be approved as to form by the City Attorney's office; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Knecht and Collins. ~ot~on carried. Regular Meeting Aspen City Council September 27, 1982 CLARENDON CONDOMINZUMS - ~J~ENDMENT TO PUD Mayor Edel said the P & Z voted against this and he would like to know why. A1 Blomquist, P & Z member said he thou9ht they were just ~un§ up on the idea that once one of these POD's is done, it should be left and not keep changing the complex. Mayor Edel read a letter into the record from the owners of a unit opposed to this and saying they not feel that it is in conformity with theunderstandin9 tb.ey had when we bough~ our Clarendon unit, and they believe the change is not in our best interest. Joe Edwards, representing the applicant told Council Unit 11 Cs the only one opposed out of 15 un%ts, Colette Penne, plannin9 staff said the P & Z felt that with the PUD a ~ery low density comple×, it should stay that way. P & Z felt if they allowed this change, other people in the comple~.~ will have this capability and they are all.gq~n§ to add anotbe~ bedroom, Ms. Pen2~e pointed out t~i's c~ange. ~t gives a different mix of two beoroom and three De,room units at the c~arendon ano ~'different FAR land coverage, When you feel you hit a threshold of development then you out a cap on it. P & Z was afraid how to say yes to one person and say no to another person. Ms. Penne told Council this is not enough of an addition to cause problems or set any precedence. Ms. Penne said at the time the Clarendon was built, it was presented by the developer as a pro3ect. Since that time, individual owners nave bought the units. They have owned them for several years. The reason for this request is an increase in family size. Edwards explained the P & Z vote was a 4-3 vote and there was not a consensus. It was a consensus on the reason Edwards said one member was prejudiced against the applicant's counsel. Another member felt that it was a precedent for the Gant. However, the Gant is non-conforming and cannot be expanded. Edwards stated the Gant cannot expand so this is no precedent. The third member felt that growth in family size was insufficient and the fourth person never made a statement at all. Mr. Yaw is present who is the architect and wo~ld like to explain the changes. Mr. Roselle, manager of the condominium, will comment on its use patterns. Larry Yaw explained this parcel of land went fro~ zoning for 45 units per acre, the~ 36 units to the existing 15 units. Yaw told Council this does not cnange the footprint an currently the open space is 54% of the existing site. The building was designed so any additions would not alter or change the existing character. You showed Council drawings of the changes. Yaw said the existing car. to bedroom ratio is 0.68 and the change will De accompanied by two or more parking places which would result at the exactly the same ratio. The two parking spaces would be added so that they would not affect the landscaping. It would be possible to add a third parking space which would affect the landscaping, Edwards told Council ten (.10) of the units are still owned by the original owners and some are not rented at all. Tim Roselle, manager, said the parking lot is filled to capacity at Christmas time and maybe one or cwo weeks in March. Edwards told Council this is a low density project in the R-6 zone with fifteen (15) single family homesites on this acre and two-thirds under the PUD this was designed as townhouses which actually results in more open space. Edwards said the reason for the review procedure in a PUD zone is applicants have the right to get variances. You can 9et a height variance, you can get a set back variance, you can get closer to property lines. Councilwoman Michael moved to approve the amendment to the PUD plat for the Clarendon for the addition of one-bedroom each for units 6, 7 and 8 with the condition that two parking spaces be added; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXCEPTION - Strandber§ Lot Split Councilman Knecht moved to grant Subdivision Exception for the Strandberg Lot with the following conditions: 1. Subdivision plat be approved by the Engineering Department. 2. The applicant be recuired to join a sidewalk improvement district for the two lots in the event one is formed; seconded by Councilman Parry, All in favor~ motion carried. MAYOR'S DEED - Aspen Skiing Company City Attorney Taddune said this is a request on the part of the Ski Company to clear up a minor title problem that exists. A very small triangle of property has been overlooked in the past. Gary Esary, Assistant City Attorney, has reviewed the request and has recommended that the City Council approve the Mayor's deed. Councilman Knecht moved to approve the Aspen Ski Company's request for a Mayor's Deed confirming its ownership of a fraction of Block 97, Lot Q, City and Townsite of Aspen, and authorize and direct the Mayor to execute the submitted Mayor's deed; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE NO. 39, Series of 1982 - Eagles Nest Rezonin9 to RBO-11-8. Mayor Edel opened the public hearing. Collette Penne, Planning officer, told Council this is an ordinance rezoning the property to RBO. Because it has changed from a duplex to multi-family it Ks necessary to add two parkin9 spaces because there are six (6) bedrooms In the free market section, and two parking spaces associated with the employee unit. There are two parking spaces ~o be added to the ones already there. Ms. Penne said the added employ-e units change this from a duplex to a multi-family structure and you can't ~ave stacked parking in multi-family units, If it wasn't for change in the occupancy level from duplex to multi-family, the applicant could use stacked parking. There are six parking spaces. There are six bedrooms in the three market section. If Council exempts the employee units from the parking requirement because of the proximity of the commercial core there would be two spaced required, The P & X wan~s four additional parking spaces required. Ms. Penne said if Council exempts the larking for the employee units there will be two additional parking spaces required. Either the landscaping or the yards of the employee units will have to De sacrificed, Oohn Kelly, representing the applicant, said ~e would REgular Meeting Aspen City Council September 27, 1982 have to remove the berm area and park it as they a~e parked across the street which would be ~ery unattractive. It becomes q~estionaDle whether it is worth doi~ng it.. The appli~cant would have to take out t~e landscaping to put in a parking lot, Kelly suggested that Council give us a restricted waiver i'f the City determines there is a parking problem created by the unit~the applicant would De happy to submit to that at a later date, Kelly said there is no point to tear up the landscaping for something that might not be necessary, The applicant would suDmit to the fact that if the City doesn't like the parking arrangement at a later date the applicant would instal] the parking space, Gordon Denton asked about the rule about exempting employees from parking, and does that mean one is only allowed to rent to people who wouldn't own a car. Denton said most of the employees he knows has a car. Where would they put their car? Mayor Edel said it is a fraudulent approach saying if the employee lives close to town, he doesn't have a car. Denton said the Cottonwoods Condominium Association feels that Baker has done a nice job of landscaping and would not like to see anything done to it that would sacrifice the view. Denton stated they do feel that the area is heavily parked upon during the season. Both streets are bus routes and there is a lot of traffic. Denton said they felt the required parking spaces that are in the Code should be fulfilled. They do not agree that the waiver should De made for the employee parking simply because of the congestion that does occur during the season. Mayor Edel said if the City requires all four places then the landscaping goes. Denton said the COuncil is approving additional people to dwell in that area, and this is impacting the neighborhood. If Council is going to allow the extra units, allow them to do it but to do it according to the Code. Ms. Penne told Council that this project has not added to the parking problem in that neighborhood. If it does, the staff add a condition. Ms. Penne said they can put in two parking spaces and not do too much damage on the side of the driveway. There is room for one space there and there is room for one space on the alley. Kelly said the issue here is units and the waiver of parking, Kelly said he did not think th.is will impace the neighborhood from a parking point of view. The applicant will accept a condition to give City Council the power to force the applicant the parking if necessary. The applicant is willing to put in the two parking spaces. Councilman Parry moved to table Ordinance #39, Series of 1982 until November 8, 1982; seconded by Councilman Knecht. All in favor, motion carried. RED ROOF INNS. City Attorney Taddune told Council the Red Roof Inns want to use their lease as collateral for a financing package. Taddune opined the Council has to approve a granting of a Deed of Trust in the leasehold. Taddune said he did not see very much downside risk, Taddune recommended this to the City mainly because Red Roofs nas invested over One Million Dollars in the renovation and they have a substantial equity to protect. In any event, if Red Roofs were to default on their loan with Westinghouse Credit Corporation, Westinghouse Credit Corporation would have the same obligations. Taddune said if Red Roofs defaulted on their loan with Westinghouse Credit Corporation, the Westinghouse Credit Corporation would to perform its obligations the same as Red Roofs. Councilman Parry moved to consent to the granting of the leasehold Deed of Trust to Westinghouse Credit Corporation and give City Attorney Taddune authority to consent in a letter; seconded by Councilman Knecht. All in favor, motion carried. ICE GARDEN FEE INCREASE City Manager Chapman reminded Council this item was discussed at budget time. This area has been scheduled for a rate review this year. The city's utility costs have increased 50 per cent and the city has not increased their rates. The rates to be increased are locker rentals from $25 to $30 per season; $6,000 from the Hockey Club instead of $5,000; ice time for all group at $10 per hour; an experiment with game machines for revenues; sharpening and repair of skates to $3 fro~ $2; additional teams for men~s hockey to raise $2,000 and additional ice time for juniory hockey to raise $3,000. These increases should bring the 1983 budget in line. Chapman told Council that last year there was a slight operating loss and the city i~s expecting one this year. These are due to increases in power rates. Chapman said the staff hopes this will generate a little more time for junior hockey to raise $3,000, These increases should bring the 1983 budget in line. Chapman told Council that last year there was a slight operating loss and the city is expecting one ~his year. These are due to increases in power rates. Chapman said the staff hopes this will generate a little more time of the ice rink staff so that there will De some increase ~n services. Chapman said that recreation director Ted Armstrong talked to all the groups about this increase. They understand the increase but do not necessarily like it. Councilman Knecht moved to accept the recommended fee increases effective October, 1982~ seconded by Councilman Parry. All in favor, motion carried. SOCIAL SECURITY City Manager Chapman told Council this should oe approached from employee relations. All that is requested is the opportunity for employees to examine benefits of alternative plans. The Council ~s not making the decision at this point for any particular.plan. Most of the employees requested to examine the benefits of alternative plans. To withdraw from social security requires a two year wait. This request is to allow staff to notify social security of the city's intent to withdraw and let a committee of employees examine themerits of the social security system and alternate plans. Council will have to approve the withdrawal, which will not be until November, 1984. Mayor Edel agreed With the options; however, it is very important for Council to physically approve withdrawing from social security. That is an important political statement. Councilman Parry moved to authorize and direct the City Manager to send a letter to the appropriate State agency requesting that the State the steps required to terminate the city's social security coverage; that the definite action will be taken by Council no later than November, 1984; seconded by Councilman Knecht. All in favor, with the e×ception of Councilman Collins. Motion carried. STATUS REPORT ON CASH REGISTER Finance )irector Sheree Sonfield reminded Council they had approved in 1981 as part of the asset replacement fund a cash register. This will work in ~onjunction with the city's computer and will record the receipts in the main computer. This cash register should be installed in January, 1983. Council commended Ms. Sonfield on the work and the report. RESOLUTION #28, SERIES of 1982 - Lease/Purchase Renewals Sheree Sonfield told Council they have to annually approve the leases for city equipment. This resolution renews leases for various city equipment. Councilman Parry moved to adept Resolution #28, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #45, SERIES OF 1982 - UMPT Bus Grant Mayor Edel opened the public hearing. There were no comments. Mayo~ Edel closed the public hearing. Councilman Parry moved to adopt Ordinance #45, Series of 1982, on second reading; seconded by Councilman Knecht. City Attorney Taddune said he had made some language changes for the city's best interest. If the city and county do not consolidate, the county reimburses the city for any buses they take. City Manager Chapman said the county has the right so take four buses provided they pay the 20 per cent share of the four. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE #48, SERIES of 1982 - Appropriations Mayor Edel opened the public hearing. There were no comments, Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance #48, Series of 1982, on second reading; seconded by Councilman Knecht. City Manager Chapman pointed out most of these are appropriations which Council has previously approved. Mayor Edel said the $5,000 contribution to the Aspen Institute was based on a promise from the Institute. This has not been forthcoming. One of the conditions for this contribution was that the Institute would state the money will De used on Aspen programs only. The city has not received this statement. Chapman suggested this could De deleted until the details are worked out. Councilman Knecht moved to delete the $5,000 contribution to the Aspen Institute; seconded by Councilman Collins. All in favor, motion carried. Mayor Edel said he felt the city had been burned on the contribution to the Children's Festival. Mayor Edel had gone to this and there was very little parti, cipation and he felt it was not worth the city's contribution of $1,000. Councilman Parry moved to adopt Ordinance #48, Series of 1982, as amended on second reading; seconded by Councilman ~necht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #49, SERIES of 1982 - Appropriations Mayor Edel opened the public ~earing. There were no commen~s. Mayor Edel closed the public nearing. Councilman Parry moved to adopt Ordinance #49, Series of 1982, on second reading~ seconded by Councilman Knecht. Roll call vote; Councilmembers Knecbt~ aye~ Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried. LIQUOR LICENSE RENEWALS Councilman Parry moved to approve the liquor license renewals for R. Pea"s; O'Leary"s; and LaCocina; seconded Dy Councilman Knecht. All in favor, motion carried. Councilman Collins moved to adjourn at 9:10 p.m..; seconded by Councilma~ Knecht. All in favor, motion carried.