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HomeMy WebLinkAboutminutes.council.19830110Mayor Pro Tem Michael called the meeting to order at 5:00 p.m. with Councilmembers Parry and Knecht present. MINUTES Councilman Knecht moved to approve the minutes of September 13, October 20, 25, 1982; seconded by Councilman Parry. All in favor, motion carried. COUNCILMEMBER COMMENTS Councilman Knecht moved to add to the agenda Jerome parking; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. Gideon Kaufman asked Council to entertain a.motion to reconsider from the last Council meeting one of the lodges included in the L-3 zone. Kaufman told Council that the Apple- jack Lodge would like to have the L-3 designation taken off. Councilman Knecht moved to add this to the agenda; seconded by Councilman Parry. All in favor, motion carried. 2. Jim Kelley brought up snowballs at the Winterskol parade. This is an important prob- lem, especially with the bands. Some bands have said they would not be in the parade because of this. Kelley requested the government encourage the community not to throw snowballs. Councilwoman Michael said the city should get public services announcements about this through the media. City Manager Chapman said he would talk with the police department about enforcement. ORDINANCE ~78, SERIES OF 1982 - Aspen Resort Occupation Tax Mayor Pro Tem Michael opened the public hearing. Tom Clark, president of the Chamber and a businessman in Aspen, told Council he is concerned about the trends in this community and the lack of security for the employees. Clark said he sees a declining market share for Aspen, a declining percentage of occupancy ~or Aspen's lodges. Clark saiG he is afraid for the quality of life for Aspen. Clark pointed out without a substantial economic base, 'the arts community will suffer. Clark said to address these problems, the community has a need to become more organized. The ordinance for a resort occuation tax comes after many meetings and many hours of work from retailers, restaurant people, condo and lodge owners and people from the government. Clark said they have done their best to aco~odate all segments of the cor~r~unity. The proponents of the ordinance went over the changes and some of the definitions. Steve Peere pointed out a full time employee equivalent is any person working for pay under control and direction of an employer whose services are required at least 35 hours per week computed on a yearly average. Peere said as far as charging the lodges and condo- miniums a tax, what they are proposing has the general consensus from the lodging industry Highlands and the Aspen Skiing Company have agreed to pledge Tom Clark told Council that combined resources of 25 per cent of the total funding of the APdA up to a maximum of $400,000. There is an endorsement from the Snowmass Resort Association for this organi- zation. CITIZEN PARTICIPATION Charles Hopton said the elected officials made promises to the voters in exchange for support. The elected officials accepted responsibilities for setting policies and proce- dures for the running of the city. Hopton cited some examples the police department has not enforced the open container law, the disturbing of the peace~ the loading zone~ clearing 'the sidewalks of ice. There noise ordinance has not been enforced, there is trash and garbage all over. Hopton said he is very concerned about this community and wants it to be a good place to live. Mayor Pro Tem Michael said this is a serious statement with a lot of thought in it and it ought to be addressed by Council. Councilman Knecht moved to add this to the agenda; seconded by Councilman Parry. Ail in favor, motion carried. Mayor Pro Tem Michael entered some letters in support of the ARA into the record from American Theatre company, Russell Scott, Aspen Arts West, a peititon from some Aspen businesses in support of the concept of ARA. Tom Hines told Council that $800,000 needs to be raised to fund this organization. The lodging industry will represent $450,000 of that, and the rest of the categories will raise approximately $.266,000. Right now they are about $100,000 short of the total needed The organization has discussed a contractual agreement with services, hotels and lodges outside the city for contributions. Jack Bredlinger, Aspen Skiing Company, told Council they are very interested in seeing this organization in place because they think it is very necessary. Bill Stirling said this proposed ordinance is taxation without representation. Stirling asked how a proposed resort association could improve the quality of life in Aspen, Colorado. Stirling said this would create a $1,000,000 bureacracy. Wainwright Dawson said he would like to see this move away from public funding and be on a voluntary basis. Dawson said he would like to see a plan on how this organization is going to promote Aspen. Dawson said he wondered if anyone had a study to see what the problem really is. Ted Edmunds, owner of Aspen Ski Tours, told Council they are in support of the concept of the resort association; however, there are some questions on how the money will be spent. Edmunds said a central reservations will not do anything about the people who want to book directly with the lodge owners. Edmunds said this resort association may perform functions that are being adequately performed by private enterprise. Edmunds explained how Aspen Ski Tours already works with United Airlines. Spence Videon has Aspen has a unique problem requiring a unique solution. Communities do go through change, and in the last five years, there has been a tremendous change in Aspen. Videon said he is in favor of presenting Ordinance #78 to the voters. Videon said Aspen needs economies of scale to compete with other resorts. Georgia Taylor asked who would be the Board of Directors and City Manager Chapman said the way the ordinance is to whom would they be responsible. drafted, the Board of Directors would be responsible to the members of the resort associa- tion. Francis whitaker questioned the legality of this sales tax and said getting voter approval of something that is not legal does not legalize it. Mary Apple, on behalf of Ballet Aspen, read a letter to Council strongly endorsing the formation of ARA. Lee Miller said Aspen needs a resort association in order to be competitive and catch up with what other resorts are already doing. With a resort association, the entire community can work together for everyone's benefit. Miller urged the Council to put the resort tax question to the voters. George Byers told Council he had been vehementaly opposed to this ordinance. However, the community needs a mechanism to bring a fair share of the market to this community. For that reason, Byers is endorsing the resort association concept. John Van Ness said he felt competition in Aspen rewards those that do a good job, especially within the lodges. Van Ness said he felt the problem in Aspen is price; other resorts are cheaper for comparable facilities. Van Ness said according to the resort report, there were more call for Snowmass than for Aspen in October. Van Ness said some of the lodges in Aspen are run down but still charge a lot. Now they are asking for more money to advertise. Van Ness said he is concerned about Council rushing this ordinance through. Van Ness said spending the money in the proposal will do very little towards curing Aspen's problem. Van Ness said he is opposed to this proposal because of the compulsory nature of the tax and that the dollars are not being wisely spent and that the report does not research exactly what is wrong with Aspen. Charles Hopton said there is a problem in Aspen. Some tourists do not return because they are not being taken care of. The tourists need to be taken care of. Hopton said the condominium owners he represents would be paying three times what they pay now, and they are concerned about accountability. Tom Blake entered into the record the resort resource report and the brochurs, "Aspen's Future - Bright or Bleak". Molly Campbell said this entity should be able to market a year-round Aspen. Irma Prodinger endorsed the resort association. Aspen needs to be guided. The town can do much more together than as individuals. Mayor Pro Tem Michael pointed out the national economu has something to do with Aspen's problems as well as the skiing population leveling out. There are more resorts competing for the same amount of skiers. Mayor Pro Tem Michael said Aspen is perceived as being overprisced. Tourists do not come here because they think the prices are out of their reach. Bil Dunaway said he felt it was a mistake to lump all retail businesses together; the restaurants have been divided by size, as have the services. The retail businesses should be divided by size also. Dunaway pointed out that in this draft of the ordinance the amount of the total budget the lodges will contribute to has been decreased. Byers pointed out there is a per reservation charge on the lodges; this is a mechanism to pay as you go reservations. This should make it incumbent on the system to produce. Steve Peere told Council the intent is not to change Aspen's integrity; Aspen is unique and beautiful. A lot of people used to come to Aspen, and they are not coming here. What this is proposed is a centralized focus to aid in bringing back that parity. Peere said Aspen should focus on the specific uniqueness and quality so that people can make th~ choice to come here. Mayor Pro Tem Michael closed the public hearing. City Attorney Taddune told Council this amended version has been changed from first read- ing. Gary Esary, assistant city attorney, outlined the technical changes and major change: from first reading. Blomquist said the four purposes agreed upon should be specified; marketing, reservations, visitor services and business affairs. Council and the proponent: and audience went over the discussion, the proposed changes and announced this would be continued until 5 p.m! Wednesday, January 12, 1983. Kathry~S. Koch, ~ity Clerk Continued Meeting Aspen City Council January 1~, 1983 Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Michael, Knecht, and Parry present. ORDINANCE ~78, SERIES OF 1982 - Resort Association Tax Amended Tom Hines said he would like to start with some of the changes that are in response to a positive public hearing held Monday night. One of the requests was to create two separ- ate classed under the retail section. There is now a larger retail class for a shop of 3 or more employees, and a small class for 2 or less employees. Hines pointed out the definition of full time employee was change to 35 hours per week per person either singly, individually or combined averaged out on a monthly basis rather than computed on a yearly average. Hines said the group that worked on this was responding to requests from the business community. uon~lnuea meeting aspen ~lty ~ouncl± January Hines said another change is in the amendability section, that this ordinance was amendable and repealable by Counci. There was a concern on the sponsor's part that the ordinance should not be able to be repealed by an ordinance of the Council. There added a sentence to say that any proposed repeal of the tax must be so submitted to the electorate. Hines said in the definition of professional class, they added real estate brokers, accountants, and psychologists and dropped "and the like" Hines pointed out they made a change so that if someone has a primary hone and wants to rent it for two weeks over Christmas, they will be allowed to do that. Hines pointed out an additional exemption, which is an exemption for certain skiing companies. The section states that skiing companies are exempt from the tax, and explains their contribution to the overall funding mechanism. There is an addition giving Council the power to make minor adjustments in the tax classification without changlng the overall ordinance; this give Council more flexibility. Mayor Edel asked where the by laws come from. Assistant City Attorney Esary said the Council will appoint a committee, the committee conduct an election for the Board; the Board produced the by laws, which are then approved by the membership of the organization. Hines said the by laws will come before the City contract with an organization, and the by laws shall meet the requirements that are set forth in the ordinance. Hines told Council originally businesses were going to vote by un~t; that is not workable because as a veterinarian, he does not have a unit. What has been agreed upon is that there would be one voter per $100 contribution. Hines would pay S150 as a professional and would have one and one-half vo~es as a member. Hines explained how the votes for the Board would be. Esary told Council he entered a paragraph to make it absolutely clear that any contract with any group would have to be approved separately the Council and the group won't get any money until entering into a contract with the City. The ordinance now reads that short term lodging community shall contribute 45 per cent or near there to the group's total budget. Tom Clark read a letter from the Aspen Chamber of Commerce, Board of Directors stating their primary goal is to establish a resort association to provide a centralized focus for all resort services. The Board is ~n favor of this Ordinance. Mayor Edel reopened the public hearing. Shane McLain read a statement on behalf of Aspen Airways in support of the concept of the aspen resort association. Molly Campbell complimented the sponsors and the City. Ms. Campbell said this ordinance has come a long way ~n the process. Dunaway asked why the banks and savings and loans are charged so much more than other businesses. Hines said this is based on historical contributions to the Chamber of Commerce and on discus- sions with members of the financial community. Dunaway said he feels that this is dis- crimination against specific businesses. City Attorney Taddune said the sponsors have spent quite a bit of time accummulating the factual data and in looking into past history, with respec~ to the financial institutions contribution to the Chamber. Hines said it will no~ be possible ~o come up with an equitable formula. There is a letter from Snowmass Resort saying there is no way possible ~o come up with something that is perfectly fair and equitable. Steve Peere told Council this process began 3-1/2 years ago with the Chamber's long range marketing committee trying to figure out a way of developing a system. The only ~ssue that group decided upon would that it would be best to have mandatory funding rather than voluntary funding of the organization. Mayor Edel said this ordinance has no meaning or relevance until it is approved or defeated by the electorate February 15th. Mayor Edel closed the public hearing. Councilwoman Michael moved to approved Ordinance ~78, Ser~es of 1982, as amended, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. RESOLUTION #3, SERIES OF 1983 - February 15, 1983, Election Mayor Edel said this resolution applies to the actual question to be put on the ballot. City Attorney Taddune said the concept is the Council is asking the electorate to approve this ordinance as adopted by Council. Councilwoman Michael moved to adopt Resolution ~3, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. CHARLES HOPTON Charles Hopton told Council he has some complaints. The first item is the open container law and disturbing the pease. Hop~on said he has come to Council meetings before about this. There was a window broken in a business with a thrown beer bottle. There was a window scarred by engraving with a broken bottle. Hopton said this law has not been enforced and he would like to have it enforced. Hopton said the no~se ordinance is not being enforced. People in both condominiums he manages complain about the no~se and asked to be moved. Hopton said there is trash and garbage thrown into the alleys. He has complained to the health department, who has done nothing about it. Hopton said Council is making a mockery of the laws in this town. Council did no~ respec~ the 200 foot setback when they built the pro shop. When the Prospector Lodge was being built, it was allowed to encroach on the sidewalk. Hopton brought up Castle Ridge and said it is a~ainst the law to build on fill, and the engineering department allowed it to happen. Hop~on said the chief of police towed friends cars. Hopton said Council should set procedures on what is or isn't proper. Mayor Edel said some of these things make sense, but the overall condemnation is somewhat short of accurate. Mayor Edel said that Council is trying to do as good a job as they can. Mayor Edel thanked Hopton for his input. Continued Meeting Aspen City Council January 12, 1983 ORDINANCE #77, SERIES OF 1983 - Campaign Expenditures Monroe Summers said if Council passes this ordinance, they should delete any reference to the election question of Rubey Park because it is not relevant at this point. Bil Dunaway said there is~only one ballot question, and it is being presented by the citizens and not the City and tax monies should not be spent on the election. Councilman Knecht agreed it is the responsibility of the resort association to push their question. Mayor Edel agreed that in promoting a question, the~city should not take part in. Education of the electOrate is another thing. Councilman Knecht suggested that the proponents go to the League of Women Voters for promotion for this issue. There was no motion to approve the ordinance. RUBEY PARK VISITOR CENTER PUBLIC REVIEW PROCESS Monroe Summers reminded Council he had brought this resolution to them in December and their Wishes were that the project hsould be sufficiently through the review process in order to give the public a clear picture of what the city plans to do. Summers told Council the updated plans make significant adjustment to the issues. Summers said he cannot get to P & Z before February 1, and requested that the election question be post- poned. Councilman Knecht moved to postpone the Rubey Park election question; seconded by Council- man Parry. All in favor, motion carried. GOLF COURSE CONCEPTUAL SITE PLAN Jim Holland, parks director, told Council he has come up with a first draft of a site plan which he will take to P & Z. This is for the parking lot area. The berming will be smoothed off, and blue grass planted. Holland said the landscaping will cost about $44,000. Chapman told Council the city has the cash for this part; the rest of the parking lot and landscaping is around $120,000 PITKIN RESERVE PUD AMENDMENT Bob Hughes told Council this is an amendment which requires the Mayor's signature. This project has approval for twelve units. There are no objections from the planning office. Councilwoman Michael moved to approve this subject to the conditions on page 2 of the January 10th memorandum from the planning office; seconded by Councilman Parry. All in favor, motion carried. 1983 GOLF FEES Jim Holland, parks director, told Council he has discussed these fees with the golf associations, both men's and women's. There are very minor changes from last year. This year the city will be offering a full unrestricted season pass. Councilman Parry moved to approve the golf fees according to Jim Holland's memorandum of December 22, 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~1, SERIES OF 1983 - Regulation. of Satellite Dishes Alan Richman, planning office, said the staff has been looking at satellite dishes, and held a work session with P & Z and the HPC to develop information and understand what the problem is, and determine whethere there is a need for regulation. In the city's codes, there is no regulation of these dish structures. This is to amend the city's building code to bring satelitte dishes within the purview of the building department so that they can make sure the dishes are installed in a safe way. Councilman Knecht moved to read Ordinance #1, Series of 1983; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~1 (Series of 1983) AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE, 1979 EDICATION, AS ADOPTED BY THE CITY OF ASPEN, AS STRUCTURE REQUIRING A BUILDING PERMIT, SATELLITE RADIO FREQUENCY SIGNAL RECEPTION AND TRANSMISSION DEVICES; SETTING FORTH A DEFINITION OF SUCH DEVICES; AND EXPRESSLY ADOPTING PENALTY PROVISIONS was read by the city clerk Councilman Knecht moved to adopt Ordinance ~1, Series of 1983; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Mayor Pro Tem Michael aye. Motion carried. (Mayor Edel abstained due to a conflict of interest). RESOLUTION #2, SERIES OF 1983 - Urging Federal Antitrust exemption for Local Governments City Attorney Taddune told Council before the Boulder case, everyone assumed that municipalities were exempt under the provisions of the federal anti trust laws. Over the past two years, this has not been the case. Municipalities are now finding themselves exposed to anti trust liabilities. The Colorado Municipal League has requested each municipality to adopt a resolution and direct that resolution to various elected official. Councilman Knecht moved to approved Resolution #2, Series of 1983; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #1, SERIES OF 1983 1983 Pay Schedule and Classification Plan City Manager Chapman told Council this implements the 3 per cent general wage adjustment as of January 1, 1983. Councilman Knecht moved to approved Resolution ~1, Series of 1983; seconded by Councilman Parry. All in favor, motion carried. 3429 Continued Meeting Aspen City Council January 12, 1983 HOTEL JEROME PARKING ISSUE City Manager Chapman told Council the Hotel Jerome is ready to commit to financing, except for the parking issue. They are required to provide 60 perking spaces in conjunction with their plan. ~_3heir plan has been to get those parking spaces out of the parking garage that will be built by the City. The banks are concerned that if the city for some reason fails to build that parking garage, the Hotel Jerome will have a completed facility and not get a certificate of occupancy. The city is suggesting an-alternative that if the city fails to build a parking garage, the Hotel Jerome would pay the city the equivalent of 60 spaces or $600,000 and for that they would get 15 parking spaces at the Rio Grande and another 45 parking spaces at the golf course. Council agreed to this plan. Councilman Parry moved to adjourn at 8:25 p.m.; seconded by Councilwoman Michael. All in favor, motion carried. Kathryn~. Koch, City Clerk