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HomeMy WebLinkAboutminutes.council.19830725Regular Meeting Aspen City Council July 25, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Stirling called the meeting to order at 3:38 p.m. with Commissioners Klanderud, Child, Madsen, Kinsley and Blake and Councilmembers Blomquist, Knecht, Collins, and Walls present. 1. Smuggler Area Agreement - Resolution ~19, Series of 1983. Mayor Stirling reiterated that the Council is not against employees. Mayor Stirling said Council has a strong question about the need for Centennial IV for the following reasons; there is a soft rental market; there is not a shortage of employees. Mayor Stirling said in resort community, people move on not because of the lack of housing, but because of the nature of the transitory work. Mayor Stirling said the Council feels there is an expansionist quality to this project, the scale and density is quite large. The Council feels that every large structure detracts from the unique quality of Aspen. Mayor Stirling said the area residents in Smuggler are opposed to this proposed projects as are most people in town. Mayor Stirling said this project will put a severe strain on the city services. Mayor Stirling pointed out two weeks ago, the Council voted down a specific intergovern- mental agreement and has been working hard on alternate proposals. Commissioner Klanderud said their proposal is that the county go ahead with phase I, which includes the Mill street bridge, Gibson/Red Mountain intersection. The Smuggler drainage has been excluded from phase I, based on the original agreement, in which the city would come in at 50/50 to complete the other three phases of the improvements. Ms. Klanderud told the Council that without that agreement, the county decided to take care of the portions of phase I which are primarily the county's. The county has asked for permits to be allowed to go ahead with their part of phase I. Ms. Klanderud said the county's phase II are those improvements directly related, interior roads, for the Centennial project. The costs on phase I are $705,000, and phase II are $300,000. Ms. Klanderud said the message from Council is %hat they would like the flexi- bility to determine what other improvements Council would like to do and that are Council's responsibility. Doing the improvements in this manner would allow Council to plan and see what cost those other improvements would be. Councilman Blomquist said the Smuggler trailer park needs to connect to a pipe for the drainage problem, and asked if the Smuggler trailer park people were prepared to connect to a pipe. Michael, from Smuggler trailer park, said they are prepared to hook up and their plans are contingent upon the city and county plans. Mayor Stirling said the Council has seen two drainage plans, one for $72,000 and one for $85,000, and the coun~ engineer may be able to cut this down. Pat Dobie said a plan for $35,000 to $40,000 would be nothing more than putting in the pipe and doing a temporary patch up. Ms. Klanderud said that the county took out the bike path to the community center in order to pay for the Smuggler drainage. When the agreement was not reached with the city, the county took out the drainage project. The landscaping is still in phase I. Dan McArthur, city engineer, told the Boards that the type of pipe required for the drainage project for this area has not been determined. ~egu±ar ~ee~ng ~spen ~lty uouncl± duly Commissioner Blake said this is more a question of finances rather than philosophy. Commissioner Child pointed out that some parts of phase I are coming in over what the county thought they would cost. Child said he would like to come up with a solution to the drainage problem this year. Mayor Stirling said that the city is dedicated to doing the drainage this year. Councilwoman Walls said the drainage is the worst problem in the area, and it keeps getting worst. This cannot go on another year. Ms. Klanderud asked if it would be agreeable with the Council, since the phase I is all county monies, to be allowed to start construction and the city and county continue to work on solutions for the Smuggler drainage. Ms. Klanderud pointed out the county is not asking for expenditure of funds from the city on these improvements. Ms. Klanderud said the county is willing to assume the financial responsibility for those improvements that are the directly related to the Centennial project, since it is clear there are very strong objections to that from Council. Then the city and county will work together to solve the drainage and other improvements in the future. Mayor Stirling said the Council would direct the city attorney not to pursue the title question about the Mill street bridge. Heather Campbell asked how the county could be allowed to go ahead with these improvements related to the Centennial project, when the developer not addressed the 22 concerns of the Commissioners. Ms. Klanderud explained there are certain conditions that need to be met for the development, but the county wants to avoid tearing things up more than once. Blake said the county has had a road improve- ment plan for the last three years; this plan included Smuggler improvements this year notwithstanding the Centennial project. Heather Campbell said the area residents have other priorities than feeders and utilities for Centennial. Pat Dobie told the Boards that only $10,000 of the costs are for the utilities, the rest of the costs is for road improvements and right-of-way acquisitions. Ms. Klanderud said the work the county is doing now does not preclude any other options for the future. Councilman Blomquist said when the city submitted a compromise resolution, one of the items was that the county would dedicate land along the river as public park to continue the Roaring Fork greenway plan, Councilman Blomquist said he is afraid that if it is not dedicated as a park, it will be developed. Ms. Klanderud said there are no plans for that parcel. Commissioner Kinsley said he would support a park there 100 per cent, but the county would have to go through a public process for that. Kinsley said the bids for the bicycle path came in higher than anticipated so it had to be cancelled. Ms. Klanderud on a list of priorities, when you have only so much money, streets ~and road will have to take priorities over trails from a practical point of view. Ms. Klanderus said nothing the county is doing this year will make it impossible to add these kinds of things in the future~ Child said this is in keeping with the policy the county has had to adopt in the last few years because of fiscal restraints, this is going for basic programs over elective program. Child agreed it is more fun to build a trail but people must have roads. Madsen said the city has as much development potential in thi~ area, as the county does, it seems prudent to Put the utilities in at a fairly early time. Mayor Stirling said if the city does not pursue legal title to the bridge, the Council by strong objection to Centennial IV, and disagreement with the priorities, the Council is saying they will not pay for any feeder or interior roads or right-of-way acquisition for Centennial IV. The city will plan what they will do within their jurisdication, and will do the drainage for Smuggler, and continue discussions with the county, Councilwoman Walls said it is important to take another look at the Smuggler area with the county to see what really should be done to resolve problems of added years of neglect. Mayor Stirling said the city P & Z should meet and do the stream margin review. Mayor Stirling said he sensed that the public reaction to the Centennial project is very strong. Mayor Stirling said he is concerned whether the need for employee housing is really there. APPOINTMENTS TO TRANSIT AUTHORITY Mayor Stirling said there is a packet of applicants and suggested the city and county get together and interview the applicants. The meeting was scheduled for Thursday July 28 at 12:30 in the Council chambers. Mayor Stirling said the Transit Authority will be made up of one Councilmember, one Commissioner, one person appointed by the city and one appointed by the county. Ms. Klanderud said it has not been decided whether the fifth member will be appointed by the Transit Authority or by the city and county jointly. DISCUSSIONS WITH SENATOR TOM GLASS AND REPRESENTATIVE SCOTT MCINNIS Representative McInnis told the Boards they should start thinking about legislation they may want to come up. Representative McInnis said next year the legislators will be limited to the amount of bills they can introduce. McInnis said he wanted to make sure that he sponsored bills within his district before anyone's concerns. McInnis said he has been very fortunate in his communications with both the city and county staffs and the elected officials and complimented them. Councilman Blomquist asked what happened to Veil's resort association bill. Senator Glass told the Boards he had asked the committee to hold that bill as he was not sure what he wanted to do with that bill. Senator Glass told the Boards that McInnis had helped him with the anti-trust bill. Glass said he and McInnis have a very fine working relationship. Glass told the Boards he had gotten the anti-trust bill through the local government committee and through the Senate. When it went to the house, it was assigned to McInnis' committee and Representative Defillipo had it double assigned to his committee. McInnis said a double assignment means a bill is not going anywhere. Senator Glass said they will have to work on strategy in order to get this bill passed. City Manager Chapman suggested that the CML is ready to spend some time and energy on getting some anti-trust legislation passed and the city and county should pass their thoughts on to the CML. Senator Glass told the Boards one of his issues next year is a bill so that local govern- ments will have the authority to sign agreements with developers, regardless of the action the Board might want to take. This is a way of negotiating with developers. Another issue is water conservation, which Glass said he plans to make his number one concern. Glass m~guzar meetzng Aspen City Council July 25, 1983 said there are no assurances that any water conservation is taking place in development, especially in the metro area. Another issue is dam safety, for about $25,000,000 the state could fix existing dams and come up with more acre feet of water; for fairly inex- pensively, this could create another hundreds of thousands feet of water. Another area of interest is a special district for tourism development. Glass said he has spoken with a large numbers of arts organizations and did sponsor a bill on the arts, which did not make it through committee. Glass said the highway commission has as their number 1 priority, matching federal funds, number 2 priority safety and capacity improvements, and number 3 priority is highway main- tenance and repair. Glass said he felt their approach was backwards and he would like to see their spending package reversed. Glass told the Boards he intends to do something with the transportation of radioactive materials on highway 82. McInnis said he feels these meetings are very important and he and the Senator hope to continue them. Councilman Collins asked for a comment on the distribution of lottery funds and the fact they are going back to the general fund. McInnis said he felt the press had mislead people. 50 per cent of the lottery funds go to capital construction; of the 50 per cent left, half of it goes into prizes and administration. Of the remaining amount, 10 per cent goes to state parks and 40 per cent goes to county and local parks. McInnis said the controversy is over the 10 per cent going to state parks. McInnis said the legislature was faced with serious budget cuts in education and other important areas, and he felt that transferring that 10 per cent to parks, rather than cutting important programs was his priorities. Senatory Glass said he felt the voters believed they were going to create money for the s~ate ~o acquire property and to improve parks. Glass said he felt what the legislature had done was a serious breach of faith to the voters. Commissioner Klanderud moved to adjourn at 4:56 p.m.; seconded by Councilman Collins. All in favor, motion carried. COUNCIL MEETING CITIZEN PARTICIPATION 1. Jon Busch reminded Council some of them had looked at the street lights at Main and Galena which were converted to high wattage bulbs last winter. Busch said the city has had plans to convert street lights to mercury vapor, which is not particularly attractive. Busch said these high wattage bulbs are much more attractive and the cost of conversion is much less. Busch said he would like to see a movement in this direction. COUNCILMEMBER COMMENTS 1. Councilman Knecht said at the last meeting he had asked the staff to look into the various used car lots around town. City Manager Chapman said he has just passed out a report on this. There is a split rail fence around the Cemetery Lane one and wasn't sure where the used car lot on Original was. Councilman Knecht explained and Chapman said he would check into it. 2. Mayor Stirling reported that the city sent a bus to Glenwood Springs to meet the first Amtrak from Denver. The M.A.A. sent a quintet. Mayor Stirling said this was very well received. Aspen clearly indicated they are motiviated about making the connection with Amtrak. 3. Mayor Stirling told Council he is working with the M.A.A. trying to control air traffic over the music tent. They are trying to see if the air traffic controllers and airlines will be more sensitive about the air over the tent. 4. Councilman Blomquist requested that Mayor's Deed - Shaw be removed from the consent agenda. Assistant City Manager Mitchell requested that Council add the McClung employee unit to the agenda for amending the plat and so that the city can exercise their option to purchase the unit. Councilman Collins moved to add the McClung unit to the agenda; seconded by Councilwoman Walls. All in favor, motion carried. WHEELER OPERA HOUSE REPORT & DISCUSSION OF USING BASEMENT SPACE AS VISITORS BUREAU Eve Homeyer, Wheeler Opera House Board, told Council it is not easy to prepare a credible budge~ when the date of the opening of the Wheeler Opera House has been so elusive. This is due to the poor performance of the RETT, an election for bonds, certain changes order, design delays, etc. There is a new concern of the Wheeler board, which is possible redesign of the first floor. The Board has had no official notice of this change, but is aware of the redesign being discussed. This redesign would cost extra money and have further delays in the opening. Ms. Homeyer said the Board feels to cut out 1160 square feet of prime first floor space to gzve access to the basement for the ARA is not necessary. Eliminating this space will eliminate a bathroom- and box office and gift shop. The Board does have some good potential lessees for the basement. However, in the spirit of cooperation, the Board would propose to give space for one ARA person zn the box office area. There is a handsome entrance to the basement on Mill street so that necessary functions of the ARA could be handled in the basement. Ms. Homeyer said the Wheeler board would request a credit for the rent that they would otherwise collect. Ms. Homeyer said this would keep the Wheeler in tact and restored and will not endanger the historical designation. Ms. Homeyer said the Board is willing and prepared to make the ARA work; however, they do not want the Wheeler become a casualty. Regular Meeting Aspen City Councl± ~u±y zD, ±~ Bob Murray presented a budget for the Wheeler with adjusted figures because the opening has been delayed until Mary 10 to 16th. Due to this late opening, the figures for the theatre have been separated from the commercial lease space. There is a long range plan for the RETT schedule. Murray told Council that the restaurant and book store will open in September and October so there will be some rental revenue in 1983. There are some proposals for renters in the basements, which the Board interviewed last week. Murray said these are very promising. None is for the entire basement. Ms. Homeyer pointed out there are letters in Council's packet from the architect and from the historical society regarding the possible change in the Wheeler. Councilman Knecht said if the Board feels this is a dumb idea, then it should not be done. Councilman Knecht said he felt this is the Board's decision and Council should back the board up on this. Councilman Blemquist said he suggested this change in the abSence of a tent, the city should look at it as a city as a tenant and renting the space on behalf of some essential public purposes. Council had elected last week not to allow these services at Rubey park. Councilman Blomquist said within the resort industry there is a need for a visitor information service. Councilman Blomquist said this looked like an opportunity to make application to the Board for the use of this space. Bill Shorr said he felt the Wheeler Board would agree to accepting the proposal for rent- ing the basement to ARA. The way the proposal came to the Wheeler Board looked like it would violate the integrity of the building and the purpose, which is a community perform-il ing space. Shorr said if the ARA wishes to rent space, they should come to the Wheeler ~ Board as all other prospective renters did. Mayor Stirling agreed the procedure was violated. Councilwoman Walls asked the Board what they have planned for the first floor space under discussion. Ms. Homeyer said this space will be a box office and gift shop with space for the business operations of the Wheeler. There will be space for volunteers there also. There is a mold of the Wheeler Opera House from which chocolates will be sold. There is a poster planned. Ms. Homeyer said, in talking with other organization, this is not an exhorbitant amount of space for what they are doing. Murray explained that all arts organizations will have a drawer in the box office so they can use drawers and not get the organization or events mixed. Tom Clark, president of the ARA, said this proposal was not generated by the ARA. Clark stated one of the major functions of the ARA is to work together with the town to meet certain goals. Clark said the ARA does not want to infringe on the historic designation of the Wheeler. Clark said he felt the idea is a good one, which can work with all other things going on in the building. Clark said this is a good public use for a public building, if it can be worked out. Mayor Stirling asked the Wheeler Board how they have worked out the M.A.A. proposal. Ms. Homeyer said they would like another two weeks to report to Council. Mayor Stirling suggested the Wheeler Board take forward Councilman Blomquist's proposal and report back to Council with their proposal. Mayor Stirling said he felt this idea was well worth considering. ORDINANCE ~25, SERIES OF 1983 - Amending Ordinance #16, Series of 1970 Mayor Stirling opened the public hearing. City Manager Chapman told Council he at the city attorney had gone to Denver last Friday to interview new bond counsels as the previous bond counsel had withdrawn. The city has engaged Kutak Rock and Huie. Since this ordinance would affect the city's present bonds and any future bonds, the bond counsel requested that Council table this ordinance until the mext meeting so that they can reviewed the proposed language to make sure there are no problems. Francis Whitaker, speaking for the group that circulated the petition, said he would like to be in on any discussions that might take place about this ordinance. Whitaker thanked this Council on its behalf of open space and for eliminating the parking lot at Cemetery Lane. Mayor Stirling continued the public hearing until August 8, 1983. Councilman Blomquist moved to table Ordinance ~25, Series of 1983, until August 8, 1983, and asked staff to keep Francis Whitaker informed so that he can participate in any discussions; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~28, SERIES OF 1983 - Marolt Subdivision Mayor Stirling opened the public hearing. City Attorney Taddune told Council most of the problems have been resolved; he has letters of assurance that the title problems are resolved; the water rights have been resolved. Taddune told Council that the description in the deeds are not to the satisfaction of the city engineer, and recommended passing this with the condition that the description be to the satisfaction of the city engineer. Colette Penne, planning office, told Council the staff had amended the ordinance to elimi- nate the Holden road and Main street rights-of-way. Neil Beck will vacate his property by November. City McArthur said that because this property is being purchased with 6th penny funds, any change in use will have to go to a vote. Councilman Knecht moved to adopt Ordinance ~28, Series of 1983, as amended with the des- cription of the property being acceptable to the city engineer; seconded by Councilman Blomquist. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Collins, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ~=~ ~u~ Aspen ~lty ~ouncli Ju£y 25, 1983 SUBDIVISION EXCEPTION Deane Colette Penne, planning office, told Council this is an R-30 zone with nearly 5 acres of land. The R-30 zone requires 30,000 square feet of lot area and the total parcel is nearly 200,000 square feet. The lot split proposal is a low density alternative for this property. Ms. Penne pointed out that Section 24.11-2(d) allows an exemption from the growth management plan for the construction of one single family house with the following conditions (1) the tract of land being subdivided has an existing dwelling unit, and (2) no more than 5wo lots are created by the subdivision. Both of these conditions are met. Ms. Penne said both P & Z and the planning office recommend approval of subdivision exception and the exemption from GMP for the single family housing. Ms. Penne told Council the neigh- borhood has requested language on the plat stating that only a single family house be allowed, and any further development would be subjec~ to growth management competition. There are four conditions on this approval. Mayor Stirling asked if this parcel was in the flood plain. Ms. Penne said there is a lot of buildable area outside the flood plain. Councilman Blomqu~st asked if the trails plan showed a trail on this property. Councilman Collins said the city has required easements for trails on Castle Creek in the past. Councilman Blomquist also said that the fishing rights should be researched. Ms. Penne said there is a stream margln review, if they were to build within the 100 year floor plain. Councilman Blomquist moved for approval of the Deane subdivision exception with the condi- tions listed in the planning office memorandum of July 25, 1983, and subjec~ to an additional condition that a trail easement along the river be added; seconded by Council- woman Walls. All in favor, Councilman Knecht abstained. Motion carried. Councilman Collins said if there is no continuity of this trail to adjacent lots, there should be some access to the trail. Mayor Stirling asked the staff to get with the applicant and report back to Council. ORDINANCE 936, SERIES OF 1983 - Code Amendment, Change in Use Alan Richman, planning office, told Council this is a proposed code amendment designed to clarify a provision of the growth management section of the code, which has been o~ concern to both applicants and the P & Z. Richman said the code treats the remodelling or reconstruction of an existing building as an exemption from growth management, as these are not really growth activities. Richman said sometimes a land owner wants to remodel or restore a building, but also wants to change the use of the building such as going from residential to commercial or vice versa. Richman said it has been interpreted that the code does not address this directly, except in the case of historic buildings. Richman [old Council the staff spent a lot of time with the P & Z on this issue. The approach recommended by P & Z on this manner is that Council look at whether a requested change in use has growth impacts or no~. If a change ~n use does not have any growth ~mpacts, it should not be subject to the regulations of growth management. If it does have growth impacts, it would be appropriate to go through the growth management competi- tion. Richman explained why some of the exemptions have come into being, like historic buildings and employee units. Richman pointed out that Council has sometimes given an exemption as opposed to forcing an applicant to go through a substantial land development activity such as small commer- cial projects exemption to add 500 square feet to an existing building. This recognizes that the economy is more fluid than it has been, that people are trying to use existing buildings in more beneficial ways. The staff hopes this will give owners a rationale to preserve some of the older buildings. Richman said ~ change in use application does not involve new requirements, such as parking, water and sewer. Rickman said if Council decides to go with this amendment, any change in the quotas relative to this exemption would be deducted from the quotas. Councilman Knecht moved to read Ordinance 936, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried ORDINANCE ~36 (Series of 1983) AN ORDINACE AMENDING SECTION 24-11.2(d) OF THE MUNICIPAL CODE BY THE ADOPTION OF A CHANGE IN USE GMP EXEMPTION was read by the city clerk Mayor Stirling asked about a change in use in the jail building or the bus barn. Richman said an exemption already exists for essential public buildings. Richman explained this would come into effect if an applicant has a house on Main street and wants to turn this into an office. Presently, that applicant would have to compete under GMP. This code amendment addresses making someone compete for the ability to change an existing building with an allowed use to another type of allowed use. This is not for the building of new buildings. Sunny Vann, planning director, pointed out that the growth management system was adopted to regulate growth and its ~mpact on the public sector. Therefore, there is an exemption for necessary public facilities which are developed in response to growth pressures, such as the jail. Vann pointed out that exemption from the growth management competition are things that come and go as community priorities change. Mayor Stirling questioned allowing people to get around the growth management plan. Vann said there are some lnstances ~n which a change in use has no growth impacts. Vann said he felt that going from residential to commercial would probably always have growth implications. Councilman Blomquist gave an example of the Red Onion wanting to convert apartment space ~o office space; they should be able to do this without going through the entire GMP process. Councilman Blomqulst said P & Z feels this should be able to be done as long as a residential unit is subtraced and the commercial or office space is added in a conversion. Regular Meeting Aspen city ~ouncl± ~u~y ~, l~o~ Councilman Blomquist said the P & Z was trying to get an accounting system for the quota as well as encourage remodelling. Councilman Collins said he felt this would be encoura- ging housing units in ~he downtown area and chang±ng them to commercial. Councilwoman Walls moved to adopt Ordinance #37, Series of 1983, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Walls, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~37, SERIES OF 1983 - Reinstating the Applejack as an L-3 lodge Colette Penne, planning office, told Council the Applejack was originally reviewed and recommended %o be an L-3 lodge when the class action rezoning was done. Ms. Penne said at the time the lodge was going through ownership changes, they requested that the L-.3 rezoning be removed from the L-3 rezoning list. There are new owners who want ~o condo- miniumize and they would like to be L-3 again. Councilman Blomquist asked if the Apple- jack had submitted a rezcning application for a full rezonlng. Ms. Penne said no, because they were reviewed with all the o~her lodges rezoned to L-3. The planning staff did not feel it necessary to go through a full rezoning since they were considered last year as part of the L-3 group. Ms. Penne said there is no purpose to put the Applejack back through rezoning procedure when this has already occurred. Councilman Collins said he did not think a parcel could be zoned and rezoned by adding and deleting their name from a list. City Attorney Taddune said the bad precedent was to delete the Applejack from the L-3 zoning category by Ordinance ~4, Series of 1983. The only downside ~o this action may be an adjacent property owner might complain that they did not have an opportunity to contest the rezon±ng. Taddune said the balance is trying to use the simplest approach to get the best result. Mayor Stirling asked if there were a possibility for this occuring to any other lodge. Richman told Council that the Applejack was the only lodge that was zoned L-3 and then had themselves deleted. Councilman Kneeht moved to adopt Ordinance ~37, Series of 1983, on first reading; seconded by Councilwoman Walls. Councilman Collins asked what the potential build out for the Applejack is. Ms. Penne said they would add about 800 square feet. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, nay. Motion carried. SPA ZONE DISCUSSION City Attorney Taddune submitted a memorandum to Council on his conclusions on. an SPA moratorium. Taddune recommended that Council request staff to conduct an audit of those parcels that are designated SPA. Taddune supplied Colorado case law for the Council. Councilman Blomquist moved to table the SPA discussion until August 8, 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~38, SERIES OF 1983 Appropriations Councilman Knecht moved to read Ordinance #38, Series of 1983; seconded by Councilwoman Mayor Stifling outlined these are items that Council has previously approved; $2500 for Midland Insurance for the Parker Quillen case; S3500 for the Independence Ghost Town; $650 for gymnastics uniforms; M.A.A. and the pro shop. Councilman Collins questioned the $10,700 for the Smuggler drainage study. Finance Director Sheree Sonfield told Council this was approved by Council in 1982 but the study was not completed until 1983. Councilman Collins said he would like to see this study, as he does not think it has been finished. Chapman said the city came up with their share of the study, and the county never hired a consultant until the end of the year. Jay Hammond, engineering department, told Council this study is road design, overall drain- age design. Hammond told Council the original budge~ for this study is $20,000 each for the city and the county, so the work is no5 done. Hammond said this work is very general as opposed to specific ~n nature. Hammond said the work will be useful to the city no matter how things change in the Smuggler area. Councilman Collins questioned the $28,700 for the M.A.A. tap fee. Ms. Sonfield said this ~s recording the fact that Council exempted them from the connection charge so that it gets on the books. All in favor, motion carried. ORDINANCE ~38 (Series of 1983) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF S17,350; RECOGNIZING WATER FUND REVENUES OF $28,700; APPROPRIATING WATER FUND EXPENDITURES OF $28,700; APPROPRIATING GOLF COURSE FUND EXPENDITURES OF $11,700 was read by the city clerk Councilman Knecht moved to adopt Ordinance ~38, Series of 1983, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye; Collins, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #39, SERIES OF 1983 - Appropriations Finance Director Sheree Sonfield told Council this is an ordinance done every year because certain items were budgeted in 1982 but were no~ paid for in 1982 so that they are expensed and charged to the 1983 budge~. The finance department reappropriates these items into the 1983 budget. ~guiar ~ee~lng Aspen City Council July 25, 1983 Councilman Knecht moved to read Ordinance #39, Series of 1983; seconded by Councilman Collins. Ail in favor, motion carried. ORDINANCE #39 (Series of 1983) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $12,810; RECOGNIZING GENERAL FUND REVENUES OF $3,5403 APPROPRIATING LAND FUND EXPENDITURES OF $600; APPROPRIATING WHEELER AND OPEN SPACE CAPITAL PROJECTS FUND EXPENDITURES OF $173,200; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $14,060; APPROPRIATING WATER FUND EXPENDITURES OF $994,540; APPROPRIATING ELECTRIC FUND EXPENDITURES OF $13,400; APPROPRIATING GOLF COURSE FUND EXPENDITURES OF $40,200 was read by the city clerk Councilman Knecht moved to adopt Ordinance ~39, Series of 1983, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Walls, aye; Knecht, aye; Mayor Stirling, aye, Motion carried. CAPARRELLA HOUSE Councilman Knecht said this was bought with sixth penny funds and is at the entrance to A.C.E.S. One house should be torn down. The other, A.C.E.S has asked the city to consider letting the occupy for an intern or visiting professor. Councilman Knecht said A.C.E.S has asked the let them paint the house and fix it up; they would agree to demolish and remove the old junk house. Councilman Knecht moved to lease to A.C.E.S for $1 per year the Caparrella house and let them clean it and fix it and use it as their entrance house and tearing the junk house down. Motion DIES for lack of a second. Councilman Blomquist said during the Shapery talks, representations were made by A.C.E.S. about land in the vicinity and land that is zoned for residences. Councilman Blomquist said the master plan in this area is not clear, and the land should be rezoned conserva- tion. Councilman Blomquist said there should be a settled plan about the trail and the development with A.C.E.S before the city lets them use this house. City Manager Chapman said the tenants have informed the city they intend to move out September 1st. Councilman Knecht said this is the entrance to Hatlam lake and the Rio Grande trail and the property should be cleaned up. Finance Director Sonfield told Council the city has been getting $750 per month for the rent. Also the Council gave A.C.E.S. $10,000 for a donation in 1983. Councilman Blomquist said the city should trade the house for some easements for the park/trail system. Councilman Blomquist moved to ask the staff to negotiate and develop a plan with A.C.E.S. for the vicinity of A.C.E.S. including the proposed trail between the Rio Grande and the upper elementary school and the possibility of moving the Caparrella house onto A.C.E.S. land or land exchanges into consideration and report back before the end of August; seconded by Councilman Collins. All in favor, motion carried, QUARTERLY FINANCIAL REPORT Finance Director Sheree Sonfield told Council the purpose of this is to apprise Council of the city's performance year-to-date in the various funds. Ms. Sonfield said in the general fund there is negative $30,050 year-to-date, which is a concern to the staff becauSle last year the city was $132,000 to the good. .Ms. Sonfield said the major reason for this negative showing is a $132,000 expenditure for Castle Ridge. Mayor Stirling asked if this was recoupable in any way. City Manager Chapman said this is part of a law suit and it will just take time to work this out. Ms. Sonfield told Council the city started fixing the Castle Ridge buildings in 1982 and estimated a total cost of $305,000. There have been other problems, so the total cost has gone up. Ms. Sonfield pointed out that the $55,000 is not cash that the city does not have, but it does reduce the balance that is planned for a low snow year or debt reserves or contingencies. Ms. Sonfield said this is a trend she would not like to see continue. Ms. Sonfield pointed out there is a net $10,000 over what was anticipated, due to some rental revenues even though the sales tax is down. Ms. Sonfield encouraged Council to look at the capital improvements program for the land fund in total. Ms. Sonfield told CounCil the electric fund looks good, as usual, it is one of the better funds. There should be a $300,000 surplus at the end of the year. Ms. Sonfield said there is not great news in the water fund because of the wet spring and summer, year to date is down about $11,000. The water fund is looking at some negative balances over the next few years. The staff will report back to Council on the water fund in September. Chapman said when the city started the water management plan, the Council was offered several options on funding this. Council then chose to invest the idle balance of the bonds for interest earnings and increase water rates at 10 per cent per year for five years. However, the bonds were not sold all at once because of the bond market. If that plan had been followed, the city would have made about $750,000 in interest income. Another factor in the water fund is that there has been a much lower growth rate than projected. Ms. Sonfield told Council the transportation fund will have a separate fund. The staff needs to take a close look at this fund; it does not look great right now. The golf course fund is not too far off; the staff will have to wait and see what the weather does. Ms. Sonfield said the ice garden fund is a little bit off. The ice skating program is being renegotiated. Ms. Sonfield pointed out a list of year to date appropriations and what they are for as well as a sales tax report, Chapman told Council he has asked the finance department to look at the areas that have surplus funds to do a detail analysis of impounding those funds. The next step is to go through each department to see where they can effect savings. Mayor Stirling asked the total numbers of employees for the city. Chapman said around 160 employees. Mayor Stirling asked about the benefit packages, and if they are expected by employees. Ms. Sonfield said she felt the benefit package is focused on and is used as a selling point for employees. Mayor Stirling asked how much money would be saved by not giving certain employees cars as a benefit. Bill Tuite, finance department, said the city spends $235 per month for the Saabs. Councilman Collins said he would like to see the staff come up with some alternatives to cut down expenses by department or by programs. Councilman Blomquist said he would like to see the staff show the Council some performance indication for each department. Chapman said there is work load data available. Councilman Knecht said through the budgeti process, the Council will find deficiencies. Chapman told Council there is a set ceiling for each department for expenditures; in 1984, this ceiling is no higher than 4 per cent over 1983. Each department also has to present contingencies. Councilman Blomquist said he shared the Mayor's concern about how many people work for the city, and if all these people are necessary. Ms. Sonfield told Council that during budget, Council will get the names, title, salary, etc. of each employee. Mayor Stirling thanked the finance depart- ment for the report. MC CLUNG UNIT Assistant City Manager Ron Mitchell told Council they need to give approval to amend the plat on the McArthur/McClung subdivision exception. When the title company researched this, there were some technical problem, such as the condominium being in the wrong name and signatures missing. The engineering department noted some items to be added. There are some minor conditions which Council should place on their approval. This is to allow the unit to be sold. Councilman Knecht moved to grant subidivision exception for the purposes of replatting the! MacArthur condominiums, subject to the applicant complying with the conditions outlined Jay Hammond's memo dated July 25, 1983; seconded by Councilwoman Walls Mitchell said he wanted to confirm with the Council the direction staff is taking to marke~ this unit. The first step was to see if any city employees would like to purchase the unit. The cash price is $165,000 and any value above that would be a gift. The second step is to work with the housing office to see if anyone could qualify as an employee and afford the price. The third step is to market this unit as a free market unit. Mitchell said he would like some guidelines from Council about pursuing this as a free market unit, what the price should be and whether this should go through a broker. Mitchell said therell is an appraisal at $290,000, which includes the land. Mayor Stirling said he felt it would be a mistake for the city to do a "for sale by owner" Aid should be solicited from the real estate community and the multiple listing service. Mitchell said the cash price will be $165,000 and anything above that will be the gift portion based upon the appreciation. The house is appreciating at $19 or $20 per day. Mayor Stirling said he felt this is the right way to proceed; the city should not be owning $200,000 "employee" units. Mayor Stirling said it is difficult to assess "sweat equity" built into these units, which driVes the value of the property up and makes it marginal for employees to purchase. Mitchell said there may be some GMP implications because this was exempted from the GMP process. Councilman Collins moved to direct the staff to proceed to investigate the sale of the McClung residence through the housing authority simultaneously through a realtor for sale on the free market with the proviso that the free market only be pursued after the city attorney's office checks out any GMP impliCations; seconded by Councilwoman Walls. Mayor Stirling said he felt a number of realtors should be contacted for them to make proposals to see how they would market this unit. All in favor, motion carried. MAYOR'S DEED - Shaw Councilman Blomquist moved to table the Mayor's Deed for Shaw to August 8, 1983; seconded by Councilman Knecht. All in favor, motion carried. CONSENT AGENDA Councilman Knecht moved to approve the consent agenda, with the exception of #4, Resolutio~ ~20, Marolt Donation; seconded by Councilman Collins. The consent agenda is (1) special event permit - Aspen Center for the Visual Arts; (2) liquor license renewal - La Cocina; (3) Resolution ~21, Series of 1983- Federal Asset Management Plan. All in favor, motion carried. RESOLUTION ~19, SERIES OP 1983 - Marolt Donation Councilman Knecht moved to adopt Resolution ~19, Series of 1983, with the description of the plat to be to the satisfaction of the city engineer; seconded by Councilman Blomquist. All in favor, motion carried. Councilman Collins moved to adjourn at 8:30 p.m. seconded by Councilwoman Walls. All in favor, motion carried. ' Kathryn ~.'Koc~, City Clerk