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HomeMy WebLinkAboutminutes.council.19831011Regular Meeting Aspen City Council October 11, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioners Madsen called the meeting to order at 4:07 p.m. with Commissioners Klanderud, Blake, Child and Kinsley and Councilmembers Walls, Blomquist, Knecht and Mayor Stirling present. 1. Ruedi Operation Agreement. Mark Fuller told the Boards this project is at the point where third parties are being dealt with, potential contractors, the BOR and FERC. The city and county need to establish a formal chain of command and to formalize the structure that has been in place. Fuller said he would like approval for a joint hydropower depart- ment with himself as the director. Fuller said this will not require any further funding or staffing but will allow people to know who is in charge. Fuller said this agreement will show where the revenues will go, although this is two years from realizing any revenue from the project. Fuller said the revenues will be divided 30 per cent to the city, 30 per cent to the county, 20 per cent to Ruedi Water and Power Authority, and 20 per cent to the joint city county water trust. Councilman Blomquist asked how these percentages were arrived at. Fuller said this came out of discussions with the people involved. Originally the percentages were smaller, but it was felt important to keep the formula as simple as possible. n=~u~i ~vl==u~ng Aspen Clty Council September 26, 1983 Councilman Knecht moved to adopt Ordinance #44, Series of 1983, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Knecht, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~47, SERIES OF 1983 - Wheeler Opera House Lease - Happy Road Mayor stifling opened the public hearing. There were no cmmments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance #47, Series of 1983 on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ASSET REPLACEMENT FUND Bill Tuite, finance department, told Council a plow/dump truck had been requested as part of the capital improvement program. The streets department needs 60 days lead time to order this, and the capital improvement program will not be voted on by them. The staff is proposing to use the asset replacement fund for the lease purchase cost of $14,000 per year. Mayor Stirling asked how much is in the asset replacement fund. Tuite said it averages around $80,000 and comes from 3 per cent of the electric sales. Councilman Blomquist moved to approve the lease purchase of a plow/dump truck from the asset replacement fund; seconded by Councilman Knecht. All in favor, motion carried. APPOINTMENT TO THE BOARD OF ADJUSTMENT Councilman Collins moved to appoint Anne Austin,; seconded by Councilman Knecht. All in favor, motion carried. CONSENT AGENDA Councilman Knecht moved to approve the consent agenda; seconded by Councilwoman Walls. The consent agenda is (1) Risk Management Policies and Procedures; (2) Resolution ~30, 1983 - Deputy Municipal Judge, Rouhlac Garn; (3) Liquor license renewals - Judge Beans; O'Leary's; Pour la France; Roaring Fork & Spoon. All in favor, motion carried. GMP/PUD APPLICATIONS City Attorney Taddune said this is a policy staff would like to recommend to Council for applications which might combine city-owned property; that an application not be dis- qualified on that basis alone. Taddune read; "regarding GMP PUD applications which would include city-owned property as part of that application, the city Council declines to be a joint applicant in this process nor does it wish to discuss with the applicant any disposition of city-owned land prior to application~in order to maintain impa~tia~it~in all subsequent reviews; however, with the goal of encouraging all opportunities for discussion of a community good in a public forum, the Council will deem the non-ownership of city land not to be sufficient grounds for disqualifying the application from further public review through the appropriate process. The Council reserves all rights not to sell, transfer or otherwise dispose of such city-owned land which is the subject'~ of the application. The planning department and the P & Z are instructed to score GMP/PUD applications in two ways, with and without the city-owned land. Should the city subse- quently not agree to sell or transfer such city-owned land, the score will be what it would be without the city-owned land." Council decided they would like more information on this proposal. Councilman Knecht moved to table this item; seconded by Councilman Collins. All in favor, ~ith~.~the%"3~[~.3 exception of Councilman Blomquist. Motion carried. Council shceduled an executive session for Monday, October 3, 1983, at 5:00 p.m. Councilwoman Walls moved to adjourn at 10:10 p.m.; seconded by Councilman Knecht. All in favor, motion carried. ~ch, City C~erk Regular Meeting Aspen City Council October 11, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioners Madsen called the meeting to order at 4:07 p.m. with Commissioners Klanderud, Blake, child and Kinsley and Councilmenlbers Walls, Blomquist, Knecht and Mayor Stirling present. 1. Ruedi Operation Agreement. Mark Fuller told the Boards this project is at the point where third parties are being dealt with, potential contractors, the BOR and FERC. The city and county need to establish a formal chain of command and to formalize the structure that has been in place. Fuller said he would like approval for a joint hydropower depart- ment with himself as the director. Fuller said this Will not require any further funding or staffing but will allow people to know who is in charge. Fuller said this agreement will show where the revenues will go, although this is two years from realizing any revenue from the project. Fuller said the revenues will be divided 30 per cent to the city, 30 per cent to the county, 20 per cent to Ruedi Water and Power Authority, and 20 per cent to the joint city county water trust. Councilman Blomquist asked how these percentages were arrived at. Fuller said this came out of discussions with the people involved. Originally the percentages were smaller, but it was felt important to keep the formula as simple as possible. ~gu~=~ ~ng Aspen Clty Council October 11t 1983 Councilman Blomquist said in the third WHEREAS he would like to add "water base recreationi and environmental quality. Commissioner Child said it might be appropriate to have a representative of the Colorado Water Conservation District as an ad hoc member of this Council. Fuller said it is highly appropriate to specify that the special water counsel and the county's representative to the Colorado Water District should not be voting members. Councilman Blomquist said he would like "or his representative" striken from the list of members. Fuller said this should be retained for flexibility and the fact that someone on the city or county staff may be more qualified. Councilman Blomquist said he would like some amendments to items e and f in the first section. In (e) rather than addition to the water service areas, it might be better to say "modification to". In (f) should start "environmental, social, and economic and other water related". The Boards agreed to these. Fuller said the statutes governing setting up t~ustS are very specific, and it may be on the advise of the finance directors another vehicle to do what the city and county want to do. Ms. Klanderud asked if the surcharge is on all residents or only those in the county, and is this setting a policy. Chapman said the Council would have to do the surcharge by ordinance. Chapman said the logic was that a good deal of the cost of water from the existing system is paid for over time. As~the System is expanded, new customers get the benefit of the plant paid for by old customers. Kinsley agreed with the theory but felt it should be all new customers not just county customers. John Musick said this was worked out by previous Boards. Musick said the city has a substantial amount of water which it can supply to its existing customers; there are times when the city cannot meet the demand. New growth within the city costs the city supPlying water. The city has to acquire water rights in order to serve its customers. The people outside the boundaries, the city is not obligated to serve and they do place an additional burden not planed for. Musick said it was decided it was best to place the burden on new customers to the city's system that are extraterritorial. Musick said in 1982 the city dropped the double of tap fees and water charges to out-of-city residents and zoned by service area so that all customers are on an equal footing of what they cost to the system. KinSley said he assumed this water fund will be used only for water. Musick said it will be used for water related items, open space acquisition, buying water rights. Musick said he would like to see it expanded to environmental and other related issues. KlanderUd said if this group divides or separates, the 5 per cent surcharge will be split between the city and county. Councilman Blomquist suggested an amendment that the funds should be divided by the entities in proportion to what they put in. Staff said they would try to work this out. Commissioner Child moved to table this item until the next regular meeting; seconded by Mayor Stirling. All in favor, motion carried. Councilman Blomquist moved to continue this joint meeting until 5:00 p.m., Monday, October 17, to discuss the by'laws for the transit agency; seconded by Ms. Klanderud. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Knecht moved to approve the minutes of September 12, 26, 1983; seconded by Councilman Blomquist. All in favor', motion carried. CITIZEN PARTICIPATION 1. Charles Hopton pointed out the Council is reviewing liquor licenses for renewal. Last year Hopton protested the reissuance of a particular liquor license. Hopton said the procedure should be whenever there is an incident relating to a liquor license, it should be in the liquor license file. Hopton said he felt the Council did not have adequate information to review the licenses. Last year the particular license Hopton is referring to was renewed because Council did not have information. Hopton said he has had bad fights in the neighborhood, and the reports are still not going into the liquor license files. Hopton said he spoke to the police about this and was assured this policy would change. Hopton said he would like to let Council know this is a serious problem, and hoped Council will pursue this when considering liquor licenses. Mayor Stirling asked the city manager to follow this up with the police department. 2. George Bryan issued Council a invitation to look at a tastefully done time share project in Vail. Bryan invited Council to Vail to look at a good project, which looks good and is selling well. Bryan said a lot of the people that have purchased units tried to purchase time share units in Aspen before going to vail. COUNCILMEMBER COMMENTS 1. Councilwoman Walls said the Council has been in receipt of a lot of correspondence about the alley in block 4 of 900 block of West Hallam. Councilwoman Walls said she felt it would be a good idea to bring this up in a public hearing. Councilwoman Walls moved to direct the city attorney to draft an ordinance to close the alley and to come back on the next agenda; seconded by Councilman Blomquist. Gideon Kaufman said he represents one of the parties involved and requested that the ordinance not address closing or opening as drafting it one way or the other is prejudicial premature and unfair. Kaufman said there should be discussion before the ordinance is drafted. All in favor, motion carried. Regular Meeting Aspen City Counc~£ uc~oDer ±±, 2. Mayor Stirling said Council had had a request for a study session October 17 with Aspen Arts West. They have had to cancel that request. Mayor Stirling sadi he would like to have a discussion of the entire Trueman area, and about the master plan for that area. 3. Mayor Stirling said he has received a letter from Aspen Highlands about the intersection of highway 82 and Maroon Creek. The Aspen Highlands would like a work session relating to traffic and congestion. 4. Councilman Knecht he has noticed and has received complaints about the traffic on Main street; it has become a speedway. Councilman Knecht said the 30 m.p.h, has to be adhered to and enforced. Councilman Knecht said he would like a conversation with the police chief to have the police a lot more visible on Main street. Mayor Stirling pointed out that traffic is one of Council's legislative agenda items. WHEELER OPERA HOUSE - Discussion of Ordinance ~10, 1982, and Use of Basement Councilman Blomquist presented a draft ordinance that would amend Ordinance ~10, 1982. Councilman Blomquist said the Council should study the boards and commissions and their relationship to Council. Councilman Blomquist said there seems to be a duplication as the Wheeler Board attempts to manage the space in the Wheeler. Whatever the Wheeler Board does first, the Council has to redo. Councilman Blomquist suggested this Board may be like the Visual Arts Center, which is a private non-profit corporation that leases space from the city. This arrangement is very clean and there are no difficulties with it. An arrangment like that would be sensitive to the arts and would be free to make their own judgements. Councilman Blomquist said a permanent city board must be composed of city residents. This was set up as a temporary board so that the arts related to theatre could be represented to design the theatre. Once the theatre is done, this group should only be management. Councilman Blomquist said there are two options, one is to reconstitute the Board, and the other is to have a private, non-profit Wheeler theatre group. This group could lease , the top two floors from the city and operate it like the Visual Arts Center is operated. The other option is to create a permanent Board to manage the theatre as a commission of the city under the Charter. Councilman Blomquist said the ordinance he has presented addresses the second option. This would free up the rest of the space to be managed by the city as landlord. Councilman Blomq~ist said he feels a temporary board controlling that amount of real estate and money is not within the intent of the Charter. Councilman Blomquist said right now the Wheeler Board does not have the power of final decisions; the Council must ratify everything they do. Councilman Blomquist said he wouldl like this simplified so that the Board can run the Wheeler. Councilman Blomquist said thel Board should be allowed to run the top two floors, and the city handle the restaurant and retail leases. Councilman Knecht said he felt the relationship between the theatre and the rest of the building is critical. Councilman Knecht said he would like to continue through the process with the same board, and let them make the decisions. Councilman Knecht said he does not want to start all over again. Councilwoman Walls said the choice is whether to let the Wheeler board make the decisions for the theatre or for the entire buildings. Since they have started doing it for the entire building, that ought to be the way to go. Councilwoman Walls said the trouble the Wheeler Board has had has been caused by the Council. Councilman Blomquist said if you give someone responsibility, you must give them commensurate authority. What the city has done is created a Board that does not have authority, as a result this has caused duplication. Mayor Stirling said he feels the process so far has been useful in airing all the poten- tials for the Wheeler. Mayor Stirling said he has problems with the city becoming a property manager and landlord, and perhaps the city should not continue doing both functions. Mayor Stirling reiterated his interest in the basement being used by the youth of Aspen; however, there is not a great deal of public support for converting the basement to a youth club. Mayor Stirling said the city tried to have the ARA take over the basement; they resisting this because as a new organization they did not want to have the responsibility for converting the basement. Mayor Stirling said he felt that finding public use for the basement is justified but it is not feasible at this time. Mayor stifling said the com/nittee should not be held up any longer. The Council does need the right to review under the existing ordinance. The committee needs to be allowed to finish its work. Bill Short pointed out the difference between the Wheeler and the Visual Arts Center, which is a building totally devoted to the visual arts and has only one function in the building. The Wheeler will be shared by many different groups. Shorr said the notion of leasing the building to one arts group came up and was dismissed because too many different groups will be using the building. Short said the Wheeler is not just the theatre on the third floor. Shorr said it makes sense to have a restaurant in the building in terms of the theatre operation. It makes sense to have storage in the base- ment, and to have uses that tie in with the theatre. If the building is seen as pieces, it will hurt the use of the entire building. Charles Hopton said the Wheeler should not be public use because the City has historically made a mess whenever they have tried to get into the public sector, landlord situation. Maggie De Wolfe said whatever Council decides, local theatricals involve people of all ages. To single the basement out as a teen center seems to be a mistake. Dorothea Farris said everything in the Opera House has to be centered around the theatre and be compatible with it. Ms. Farris said the Board put a lot of research of the uses that might go into the Wheeler, and if Council has questions about this, they should ask the Board. The Wheeler has to work as a unit; it cannot be split on the first floor. Mary Apple said as~a member of an arts groups, it is appropriate to speak up on the wonderful job the committee is doing. They have done a fine job working together efficiently and has the confidence of the arts groups. They have chose a fine director, and Ms. Apply encouraged Council to let them do their work. Regular Meeting ~ ...... ~ .... Sirous Saghetoleslami said as a tenant he would rather deal with one entity that controls the entire building rather than having to deal three parties. Councilman Knecht said he feels the present Ordinance 910, 1982, which the city has been operating under is the way to operate. There should be a show of faith on the part of the Council. The present ordinance makes the Board responsible for the budget, and for the leasing of the space. Councilman Knecht moved to reaffirm Ordinance ~10, 1982; seconded by Councilwoman Walls. Councilman Knecht said what the Board comes up with for the Wheeler, the Council should support. Mayor Stirling said he feel the process has been very beneficial. Mayor Stirling said the suggestions from Council have aired potentials and possibilities for the Wheeler that have reflected the feelings of the citizens. Mayor Stirling said it is too difficult to bring forward a consensus of public use for the basement. Mayor Stirling urged the Wheeler committee to limit some of the leases to three years so there can be a review of that space and how the leases work out. Councilman Blomquist said he is voting no because he is a strict constructionist of the Charter. Unless the ordinance is changed or the Charter is changed, Councilman Blomquist said he has a problem with the present structure. Councilman Blomquist said the Wheeler Board has done a magnificent job. Councilman Blomquist said any Board with responsibility should have authority commensurate with that responsibility. All in favor, with the exception of Councilman Blomquist. Motion carried. Councilman Knecht said as far as the basement space is concerned, this should be left up to the Board's decision. Mayor Stirling said the Council will wait for proposals to come forward from the committee for the balance of the space, and are giving the Wheeler Board a leap of faith. Councilmembers Knecht and Walls agreed with this. GMP RESOLUTION City Attorney Taddune said he had distributed a latter and asked that the Council move to approve it conceptually as to the policy of the city with respect to GMP or PUD applica- tions which may incorporate property that is owned by the city. Councilman Blomquist moved to approve this conceptually; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~42, SERIES OF 1983 - M.A.A. Water Extension City Attorney Taddune told Council this ordinance is still under discussion, the changes are very technical involving water rights law, the city's interest in protecting its proprietary rights regarding distribution of water. City Manager Chapman explained the city was making a contribution to the M.A.A. Under the agreement, the M.A.A. had to provide the easements for the location of the water line. The M.A.A. negotiated with their neighbor, and he indicated he would be glad to give the easement if the M.A.A. would pay the cost of him hooking onto the water. The M~A.A. called and found out this would cost between $5,000 and $7,000; they then entered into an agreement with the neighbor saying they would pay the costs, with no representations that the city would take the neighbor. Chapman said the city then told the M.A.A. in cases like this, the second customer should pay the utility connect charge, they would also pay have the cost of the line. Technically, the cost to this second customer hooking on would be $60,000 plus the utility connect charge. The city is trying to resolve this agreement with the M.A.A. so this does not happen again. Councilman Knecht said he would like to call the neighbor; Mr. Ferman, to see if he could help straighten this out. Mayor Stifling opened the public hearing. Councilwoman Walls moved to continue the public hearing and table this until October 24, 1983; seconded by Councilman Knecht. All !in favor, motion carried. ORDINANCE ~48, SERIES OF 1983 - Increase in Real Estate Transfer Tax Mayor Stirling said this ordinance would propose an increase in the existing real estate transfer tax from 1/2 per cent to 1 per cent and would also take the cap off the $100,000 contribution to the arts. City Attorney Taddune said this ordinance will also include the real estate transfer tax within the Municipal Code, and it will not become operative unless the voters approve it. City Manager Chapman said he has met with the Council about their willingness to proceed with the bond issue, and it appears to be favorable. The bond issue would be the other question on the ballot for city's bonds. If the county is willing to do the bond issue, the city's question would not have to go to the voters. Mayor Stirling opened the public hearing. Francis Whitaer said he is concerned over any increase in taxes. There has been a 1/2 per cent temporary increase in sales tax plus a 1/10 per cent for tourist related activites. Whitaker said the City Council under ~estima%ed the cost of the Wheeler, and asked how much the Wheeler will cost when it is done. Whitaker said the City Council o~er~ estimated the income from the real estate transfer tax. Then the city did a $2,500,000 bond issue from the land fund to complete the Wheeler. Whitaker said he felt the city should live within its ~ncome. Whit~ker said he is concerned about taking out the cap on the visual and performing arts, and that a percentage of contribution to them should be set. Whitaker said when there is an increase in taxes, the citizen should know exactly how this income will be spent. Janine Sharkey said when the real estate transfer tax passed in 1979, the Council gave a commitment this was a one-time only tax. The citizens should be able to rely on the commitment of Council or be at the whime of city government. Richie Cohen said that rather than putting a percentage for the arts groups, the Council should evaluate the needs of the arts groups on an annual basis. Cohen said the arts groups are very worthy; they do need Council's support. Sirous Saghetoleslami said as a tenant he would rather deal with one entity that controls the entire building rather than having to deal three parties. Councilman Knecht said he feels the present Ordinance #10, 1982, which the city has been operating under is the way to operate. There should be a show of faith on the part of the Council. The present ordinance makes the Board responsible for the budget, and for the leasing of the space. Councilman Knecht moved to reaffirm Ordinance ~10, 1982; seconded by Councilwoman Walls. Councilman Knecht said what the Board comes up with for the Wheeler, the Council should support. Mayor Stirling said he feel the process has been very beneficial. Mayor Stirling said the suggestions from Council have aired potentials and possibilities for the Wheeler that have reflected the feelings of the citizens. Mayor Stirling said it is too difficult to bring forward a consensus of public use for the basement. Mayor Stirling urged the Wheeler committee to limit some of the leases to three years so there can be a review of that space and how the leases work out. Councilman Blomquist said he is voting no because he is a strict constructionist of the Charter. Unless the ordinance is changed or the Charter is changed, Councilman Blomquist said he has a problem with the present structure. Councilman Blomquist said the Wheeler Board has done a magnificent job. Councilman Blomquist said any Board with responsibility should have authority commensurate with that responsibility. All in favor, with the exception of Councilman Blomquist. Motion carried. Councilman Knecht said as far as the basement space is concerned, this should be left up to the Board's decision. Mayor Stirling said the Council will wait for proposals to come forward from the committee for the balance of the space, and are giving the Wheeler Board a leap of faith. Councilmembers Knecht and Walls agreed with this. GMP RESOLUTION City Attorney Taddune said he had distributed a letter and asked that the Council move to approve it conceptually as to the policy of the city with respect to GMP or PUD applica- tions which may incorporate property that is owned by the city. Councilman Blomquist moved to approve this conceptually; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~42, SERIES OF 1983 - M.A.A. Water Extension City Attorney Taddune told Council this ordinance is still under discussion, the changes are very technical involving water rights law, the city's interest in protecting its proprietary rights regarding distribution of water. City Manager Chapman explained the city was making a contribution to the M.A.A. Under the agreement, the M.A.A. had to provide the easements for the location of the water line. The M.A.A. negotiated with their neighbor, and he indicated he would be glad to give the easement if the M.A.A. would pay the cost of him hooking onto the water. The M.A.A. called and found out this would cos~ between $5,000 and $7,000; they then entered into an agreement with the neighbor saying they would pay the costs, with no representations that the city would take the neighbor. Chapman said the city then told the M.A.A. in cases like this, the second customer should pay the utility connect charge, they would also pay have the cost of the line. Technically, the cost to this second customer hooking on would be $60,000 plus the utility connect charge. The city is trying to resolve this agreement with the M.A.A. so this does not happen again. Councilman Knecht said he would like to call the neighbor, Mr. Ferman, to see if he could help straighten this out. Mayor Stirling opened the public hearing. Councilwoman Walls moved to continue the public hearing and table this until October 24, 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #48, SERIES OF 1983 - Increase in Real Estate Transfer Tax Mayor Stirling said this ordinance would propose an increase in the existing real estate transfer tax from 1/2 per cent to 1 per cent and would also take the cap off the $100,000 contribution to the arts. City Attorney Taddune said this ordinance will also include the real estate transfer tax within the Municipal Code, and it will not become operative unless the voters approve it. City Manager Chapman said he has met with the Council about their willingness to proceed with the bond issue, and it appears to be favorable. The bond issue would be the other question on the ballot for city's bonds. If the county is willing to do the bond issue, the city's question would not have to go to the voters. Mayor Stirling opened the public hearing. Francis Whitaer said he is concerned over any increase in taxes. There has been a 1/2 per cent temporary increase in sales tax plus a 1/10 per cent for tourist related activites. Whitaker said the City Council under.estimated the cost of the Wheeler, and asked how much the Wheeler will cost when it is done. Whitaker said the CitY Council over-.' estimated the income from the real~estate transfer tax. Then the city did a $2,500,000 bond issue from the land fund to complete the Wheeler. Whitaker said he felt the city should live within its income. Whitaker said he is concerned about taking out the cap on the visual and performing arts, and that a percentage of contribution to them should be set. Whitaker said when there is an increase in taxes, the citizen should know exactly how this income will be spent. Janine Sharkey said when the real estate transfer tax passed in 1979, the Council gave a commitment this was a one-time only tax. The citizens should be able to rely on the commitment of Council or be at the whime of city government. Richie Cohen said that rather than putting a percentage for the arts groups, the Council should evaluate the needs of the arts groups on an annual basis. Cohen said the arts groups are very worthy; they do need Council's support. ~egu±ar meeting Aspen ~lty ~ouncl± QctoDer ii, ±~3 of the transportation business. Mayor Stirling asked if the city could stop construction and could assign the contract for the new buses. Chapman said the city would probably be sued. Chapman said another option would be to go to the short term market to borrow the funds in other to pay the city's share for the buses and bus maintenance facility, with the hope the short term not can be taken out by the Basalt question being resolved. Councilman Blomquist slaid the city is committed to excellence in transportation, the arts open space, and the resort function, and that should be the goal of the Council. Councilman Knecht moved to adopt Ordinance #50, Series of 1983, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Knecht, aye; Walls, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #49, SERIES OF 1983 - Housing Price Guidelines Assistant City Manager Ron Mitchell presented an addition in section 5 as the county has been adopting guidelines and the city's are usually the same. Included in this addition is the recognition of employee projects that are 100 per cent employee units not constructed in additional to residential or commercial construction. This recognizes Castle Ridge and the city's four units on Cemetery Lane; there is a contractual relationship with Castle Ridge on how the rents are determined. This change exempts the Castle Ridge and the four employee units from the guidelines. This language is in the previous ordinance and just got left out of this ordinance. Jim Adamsky, housing director, said he would like to take this change to the housing authority board for their review and input. Mayor Stirling suggested tabling this until the board has reviewed the change. Mitchell said this ordinance has to be adopted for the growth management applications. Mayor Stirling opened the public hearing. Bil Dunaway objected strongly to the percentage increase in the rates that vary from 4 per cent to 18 to 36 per cent. Dunaway said he did not feel the rates could be increased this much each year and still have employee housing. The~percentages are not consistent. The rates are supposed to be related to income, and there has not been that much income increases. Dunaway objected to any raises above 6 per cent. Adamsky said the housing authority has been working on this for seven months to try to introduce a methodology to be consistent and used year after year. Adamsky said the authority did a salary survey and based the prices on affordability. Carolyn Doty said there should be enforcement of the present guidelines. Ms. Doty said she did not agree that more units are needed in Aspen; the housing supply is beginning to meet the demand. The housing is still too expensive in Aspen. Ms. Doty said she does not feel the guidelines have worked in the~past. Ms. Doty said in a recent application to purchase an employee unit, $29,000 was required. Most employees do not have that kind of money. The guidelines need to be reviewed to make them workable for employees in this town. Mayor Stirling ~Closed the public hearing. Mayor Stirling said he would prefer not to vote on this tonight but to go over the guide- lines with the housing authority. Mayor Stirling pointed out that need for units and enforcement are not direct issues in this ordinance. Mayor Stirling said he would like this put on the continued meeting October 17th. Councilman Blomquist said he would like to see the comparisons with 1983 and 1984 both the qualifications and the guidelines. Councilman Blomquist said he would like the Countil to look at reducing some of the percentage increases and to eliminate middle income units altogether. Councilman Blomquist moved to continue the public hearing to October 17 and have the staff provide last years ordinance and rates and the analysis of the difference between the rates in 1982 and 1983 and address other matters that have been brought up in this hearing; seconded by Councilman Knecht. All in favor~ motion carried. TIME SHARING City Attorney Taddune said Council has some outstanding specific concerns about the time share regulations. Council requested these be amended to provide handicap access; to delete time sharing as a permitted use in certain zone; address the cost of regulation, and monitoring requirements, and the concern about giving of gifts. Taddune has drafted an ordinance to allow time share only in L-l, L-2, and L-3 zone districts, to prohibit the giving of gifts, add a subparagraph to require compliance with handicap access, and adding a new paragraph requiring all time sharing projects be licensed in order to be reviewed every year. Councilman Knecht moved to put a six month moratorium on time sharing; seconded by Council- man Blomquist. Mayor Stirling said he felt that would be dodging the issue, which needs to be met head on. The Council meeds to address the problems in the existing ordinance. Councilman Blomquist said putting a six month moratorium on time share would allow reconstruction of the existing ordinance. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Blomquist moved that the city attorney be instructed to prepare and submit at the next meeting October 17 the amendments just discussed for Council's consideration and for referral to P & Z for their consideration; seconded by Councilman Knecht. Andy Hecht asked if there was a basis for the six month period. Councilman Blomquist said this is based on the time it will take to go to P & Z and back to Council. Mayor Stirling said the time period should not be perceived as a dilatory tatic but time to get clear amendments. George Bryan said there is an ordinance on the books, and it should not take the city six months to amend this ordinance. Bryan said applicants for time share will feel that Aspen is no-growth and is backward. Bryan said it will be hard to justify this six month delay to clients. Andy Hecht said the city staff and a committee spent six or seven~ studying time sharing, then an administration change occurred and it looks like there is an opening to thrOw out time sharing. Hecht said the Council should make an ajustment to the moratorium period so applicants can get on with time share. Bryan told Council a six month moratorium would kill any projects he is working on; this would mean a financial impact to the town. Councilman Knecht said this should be put on the agenda and have Council decide what they want to do with time sharing. Gideon Kaufman pointed out the city had an ordinance on the books, applicants could read the ordinance and expect that that is the law. Kaufman said his client acted under the ordinance and presented a project, and not until Council time did he find out there was a problem. Hecht said he did not feel the city would be harmed to allow the pending applications to proceed. All in favor, motion carried. APPLICATION FOR BEER & WINE LICENSE - Nick's Fresh Seafood Mayor Stirling opened the public hearing. City ~erk Koch reported the files, posting andi publication are in order. Nick told Council he has a business selling fresh seafood and a small restaurant. Nick said he would like to be able to sell beer and wine with the fish dishes. Nick said he does not want a full liquor license. Nick told Council he is open until 8 p.m. and during the season will be open until 10 p.m. There are only 18 seats now, there can be 25 seats. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed the public hearing. Councilman Knecht moved that based on the evidence presented at the public hearing held October 11, 1983, relating to the application by Nick's Fresh Seafood Inc. for a beer and wine license, the City Council finds that the needs of the community have not been met the license as applied for is hereby granted; seconded by Councilwoman Walls. All in favor, motion carried. APPLICATION FOR A BEER, WINE & LIQUOR LICENSE - Bentley's at the Wheeler Mayor Stirling opened the public hearing. City Clerk Koch reported the files, posting and publication in order. Mayor Stirling asked for opponents. There were none. Council-i man Knecht asked why this was called Bentley's. Sirous told Council he is creating an English-type pub, Bentley's is English. Also he bought a mirror that has Bentleys on it. Councilman Blomquist asked for a clarification about the menu change, and if there is a change of character does this go to the Wheeler Board and to Council. Sirous told Council the main purpose of that clause was the Wheeler Board was concerned about thi size of the operation. Sirous said by limiting the size of his kitchen, he limited the menu. Mayor Stirling closed the public hearing. Councilman Knecht moved that based on the evidence presented at the public hearing held *October 11, 1983, relating to the application by Alborz corporation for a hotel and 'restaurant liquor license, the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilwoman Walls. All in favor, motion carried. ENCROACHMENT REQUEST - Pour la France Jay Hammond, engineering department, told Council Pour la France is applying for an encroach- ment license to build a planter in front of their restaurant on Main street. The planter would encroach 3 feet into city property. Hammond noted there is room behind the curb to replace the trees, put the planter on the sidewalk, and still have an eight foot sidewalk. John Bennett, representing Pour la France, said the request is for two things, one is is outdoor seating appropriate between the cafe and sidewalk; is the 3 foot encroachment appropriate. Bennett said if the seating is appropriate and not the planter, they would build a fence. The sidewalk is 16 feet wide. Councilman Blomquist said this building got GMP approval, and when it was scored the draWkings showed grass and trees in an area that is now boardwalks. Councilman Blomquist questioned if this change may have affected the scoring. Bennett said this request has to go to P & Z anyway for a discussion of whether outdoor dining is an appropriate use of open space. Councilman Blomquist questioned putting green on a drawing to get points under GMP and then not doing it when the building is actually built. City Attorney Taddune told Council a policy was established that outdoor dining does not increase the FAR. Hammond said the P & Z's determination of the appropriateness of out- door dining might alter the Council's opinion. Councilman Knecht said he feels it would be delightful to have this plan in front of the cafe. The CCLC has gone along with this. Councilman Knecht agreed Councilman Blomquist has a valid point. Mayor Stirling said the developer pushed the building out to get as much square footage as possible. Mayor Stirling said he feels the developer has already helped this decision be made. Mayor Stirling said he is not willing to give an encroachment on the sidewalk, Councilwoman Walls agreed this encroachment would set a precedent. This request is no different from the one the Council turned down for O'Leary's. Councilwoman Walls said they should do the landscaping and should serve on their own property. Councilwoman Walls moved to deny Pour la France's enroachment request; seconded by Mayor Stirling. Councilman Blomquist said he does not mind the planter encroaching and would be in favor of this request; however, he wants his issues straightened out with the planning office and P & Z. Councilwoman Walls said they could put on fence on the line and have trees and seating and do not have to have the planter in the sidewalk. Councilwoman Walls and Mayor Stirling in favor; Councilmembers Knecht and Blomquist opposed. Motion NOT carried. Councilman Knecht moved to table this issue; seconded by Councilman Blomquist. All in favor, motion carried. NEBRASKA MUNICIPAL POWER POOL City Manager Chapman introduced Steve Wacker, Dick, and Stan Ferberg from the Nebraska Municipal Power Pool. Chapman told Council the city is at the end of a long term power contract with PSCo, and the staff has been checking other sources of power supply. Chapman saod the NMPP appears to have the most favorable propects for a power contract. Chapman invited representatives of NMPP to give an explanation to Council, and there is a resolution of intent for Council to become a member and to enter into a long term power suply contract. Steve Wacker said NMPP was organized in 1967 by 17 cities in Nebraska and presently serve 72 cities in Nebraska and Colorado. NMPP supplies various services; half the cities buy power from someone else, and half buy from NMPP. Wacker said a city must be a member of NMPP in order to purchase power. NMPP serves all 72 cities; however, the agency that sells power is called the ~unicipal Engergy Agency of Nebraska. Wacker said Aspen is specifically interested in purchasing power. Stan Ferberg said their power supply is comprised of coal power plants located in Nebraska and Wyoming; in addition, NMPP purchases from cities that own generation facilities. Ferberg said NMPP would charge 3.2 cents per kilowatt hour; PSCo is charging in excess of 4 cents per kilowatt hour. The savings could approach 35 per cent with NMPP. Ferberg passed out a graphical comparison of how the rates have been increased between PSCo and NMPP. NMPP's average rate increase has been around 9 per cent compared to PSCo's annual increase in excess of 31 per cent. Ferberg said the difference in that PSCo is. . . an investor-owned utility and they have stockholders they have to respond to. NMPP utll~tlesi are owned by the people that are served. Ferberg said the city going with NMPP/MEAN could be an annual savings of $500,000. Councilman Knecht asked if a long term contract would be affected by the Ruedi hydropower facility. Chapman said Ruedi would be complimentary to this. Most of the city's power will be satisfied out of Ruedi, NMPP wOuld be supplying power to Aspen that Aspen cannot get out of Ruedi. Ruedi's lowest production is the time when Aspen has the highest peak; it is also the time when NMPP has a surplus. Ruedi's highest production comes when the city's demand is low. There may even be the possibility of Aspen selling NMPP power out of Ruedi. Ferberg said this appears to be a mutually beneficial agreement. Most utilities in Nebraska have peak times in the summer, when Aspen's is lowest. Aspen's consumption pattern is opposite of most Of the cities NMPP serves. Councilman Blomquist asked if NMPP could bid on Ruedi hydro construction and manage it under some contract with the city. Wacker said NMPP is not in the business of construction. Wacker said the only benefit NMPP would have is that it would be done with bonds that are not sold by the city. Wackerl said he did not think NMPP.could do it any cheaper. Wacker said NMPP is owned by the cities. Aspen cannot be a full-fledged member of MEAN, which is a financial arm operating under Nebraska law. Chapman said in the decisions to buy or build more power generating capacity, each city in the pool can decide whether they want to participate in the generating capacity. If a city decides no, the power consumption is frozen and that city does not incur any additional costs. Councilman Blomquist asked if NMPP deals with any REAs. Wacker said they do not serve any REAs but they do deal with them. NMPP cannot serve an REA as they are a municipal organization, they may be able to sell an REA power. Councilman Blomquist asked if the city could buy from NMPP and sell to an REA. Wacker said a committee would have to review this. John Musick pointed out that not all of Aspen is served by the city; some of the town is served by Holy Cross. Musick said the city would like to have a uniform power structure for all the customers. Chapman told Council the reason for the resolution is an indication to the Board that Aspen is sincerely interested, wants to work with NMPP to develop a long term contract and to direct their staff to work with Aspen to negotiate with Colorado Ute to wheel power to Aspen, and to help Aspen look at Ruedi in terms of long term power supply needs, and to negotiate a long term power supply contract that Aspen and NMPP would find mutually beneficial. Wacker said NMPP would request membership in the power pool so.they can move forward to negotiate. Wacker said the commitment to become a member of the power pool would commit the city to spend $750 on dues. Councilman Knechk moved to read resolution 932, Series of 1983, as amended and to include Aspen is~au~horized to become a member of the Nebraska Municipal Power Pool and to do all things necessary and proper for such membership, and that the city manager be the repre- sentative of the City of Aspen, and the finance director be the alternate to NMPP; seconded by Councilman Blomquist. All in favor, motion carried. WATER RATE INCREASES Finance Director, Sheree Sonfield, told Council this addresses the monthly water charges as well as tap fees. In 1981, Council adopted the water management pland and issued $9,000,000 bonds. Council recognized they would need to increase both the tap fee and the monthly charges:, Council approved 10 per cent annual increases in the monthly charges ~egu±ar ~ee~ng Aspen ulty ~ouncl± ~ctoDer ±±, ±~3 McCLUNG UNIT PURCHASE CONTRACT Assistant City Manager Ron Mitchell presented a standard assignment and option agreement for Paul Taddune to purchase the unit vacated by the McClung's. The purchase price is $165,000. The appreciation is 7 per cent or the CPI whickever is less. Mitchell said Taddune would like approval from Council to make some improvements, like carpetting and adding doors on some closets. Councilman Knecht moved to approve the agreement with the stipulation that Taddune can make some improvements; seconded by Councilman Blomquist~ All in favor, motion carried. CONSENT AGENDA Councilman Knecht moved to approve the consent agenda; seconded by Councilman Blomquist. The consent agenda is (1) Resolution #31, Series of 1983 ICMA Deferred Plan; (2) Liquor license renewals - Cooper StreetPier; The Grog Shop; R. Pea's; Tom's Market. All in favor, motion carried. Councilman Knecht moved to continue this meeting until Monday October 17, 1983, at 5:00 p.m.; seconded by Councilman Blomquist. All in favor, motion carried. Council left Chambers at 9:50 p.m. ~L~ ~. Koc , City C1 Continued Meeting Aspen City Council October 17, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS. Mayor Stirling called the meeting to order at 5:05 p.m. with Commissioners Madsen, Kinsley, and Klanderud, and Councilmembers Blomquist, Walls and Collins present. 1. Transit Authority By-laws. Commissioner Madsen questioned the annual meeting on the last Tuesday of August, and wouldn't it be better to go through the entire summer before the meeting. Commissioner Klanderud said the city requested that time for a review of the preceeding operations and for the city and county budget processes. Madsen pointed out the clause of a member missing three successive meetings is just cause for removal from the Board, and said that is three months. Ms. Klanderud said this is a standard phrase for most boards and commissions. Madsen said a person missing three meetings is not contribu- ting much. Eve Homeyer said hopefully members will not have unexcused absences. Councilman Blomquist said he felt that any amendment to the by-laws should be approved by Council and Commissioners. Councilman Blomquist said the way the by-laws are written, the authority could amend them to take out public hearings without approvals Of the Council and Commissioners. Councilman Blomquist said he would like to make the list of items for public hearings not amendable. Councilman Blomquist moved to amend the by laws to include that the public hearing section cannot be amended without Council and Commissioner's approval; seconded by Councilman Collins.i Council votes all in favor, with the exception of Mayor Stirling; Commissioner vote all in favor, motion carried. Wes Light, county attorney, went over the changes from the previous draft the Boards had seen. The sex-biased languages has been removed. Language has been added relating to whom can make disbersements on the agency accounty. Language was added requiring the agency to adopt purchasing and procurement resolution. An indemity and insurance clause was added. The regular meetings will be the second Tuesday of each month. Special meetings may be called by two members of the agency as well as the chairperson. There is a provision for 30 day notice of public hearings. It was also added to the by laws that the committee can appoint temporary or permanent committees as it deems necessary. Commissioner Kinsley moved to approve the by laws; seconded by Commissioner Kianderud. Commissioners all in favor, motion carried. Council all in favor, motion carried. Curt Stewart, county manager, told the Boards the staff is trying to find the cheapest insurance between the city and county carriers. The city's carrier cannot provide insurance to the authority because it is not under the direct control of the city. The county insurance may be the viable way to go; however, there may be a problsm for the balance of this year. If this cannot be worked out, it is the intention to continue to operate two systems under auspices of the transit board, and have the city director and county director report to the transit board until the insurance can be worked out. City Manager Chapman said the impact would be that none of the ownership of the buses nor employees would be transferred until the first of the year. Mayor Stirling asked about the county issuing bonds. Light said the county has gone over the material with bond counsel but does not have a decision yet. Mayor Stirling asked about the director. Ms. Klanderud said the authority is still interviewing people and hopefully by early November they will make a decision. Mayor Stirling asked about the contract with the Skiing Company. Ms. Klanderud said she feels there will be one. Council and the Commissioners had a discussion of the planning office and requested that it be put on the next regular joint agenda with the water trust resolution (Councilman Knecht came into Chambers). con~lnue~ Meeting Aspen City Council October 17, 1983 increase the supply of price restricted units. The ways to do that is one, through new production, and second, better enforcement of the price restricted units. Mayor Stirling closed the public hearing. Councilman Knecht said he felt the housing authority had explained the guidelines well and he would go along with them. Councilman Blomquist said these come as a fait acompli by an advisory group, and Council had some questions. Councilman Blomquist suggested that the housing authority present alternates to the guidelines. Councilman Blomquist said he would also like year to year comparisons presented. Mayor Stirling agreed with the de-emphasizing of middle income housing. Mayor Stirling pointed out the rental rates for moderate over last year is up alsmot 20 per cent. These are significant increases, and that is why the Council was concerned. Councilman Collins questioned waiving the minimum~square footage in some instances. Truscott said it seems appropriate in some cases, like lodges, that the rooms not meet the 400 square foot minimum. Doug Allen said the housing authority would establish standards for seasonal employee units and for smaller than minimum units. Councilwoman Walls asked if the housing office intends to enforce the regulations. Truscott said if they get the budget, they are committed to enforcement. Ron Mitchell asked that the housing price guideline ordinance be adopted with an amendment to Section 5 reading, "The foregoing regulations and guidelines shall not be binding (but shall be advisory only) on employee housing projects developed and operated and one hundred per cent employee housing projects (i.e. projects without attached free market or lodge .or commercial development); provided that such project shall be governed by regulations and guidelines which are separately set by contract by the developer and/or operator and the City Council (or its designee) upon a finding by the City of economic justification for any deviation from the foregoing established reguations and guidelines." Councilman Knecht moved to adopt Ordinance ~49, Series of 1983, on second reading, with the change in section 5; seconded by Councilwoman Walls. Roll call vote; Councilmembers Blom- quist, aye; Knecht, aye; Walls, aye; collins, aye; Mayor Stirling, aye. Motion carried. TIME SHARE REGULATIONS City Attorney presented Ordinance #55, Series of 1983, addressing Council's concerns on time share regulations. This would amend the time share ordinange to delete ~time sharing in CC, CL and RMF zones and restrict time sharing to L-l, L-2 and L-3 zones. City Attorney Taddune said the planning office and P & Z should comment on this amendment. This ordinance will also prohibit the giving of gifts; it requires compliance with all handicap access; this also requires a license for all time share projects. Taddune presented a resolution which would formalize Council's motion to put into effect the administrative delay until Council can pass an ordinance to impose the moratorium. Taddune also presented an ordinance which amends the zoning code to delete from the permitted use tables time sharing as a conditional use in CC, CL and RMF. Taddune recommended the Council pass the time share moratorium and resolution for administrative delay, and that they refer the changes to the P & Z for comments. Taddune told Council he is researching what is occurring throughout the country on time sharing. Mayor Stirling disagreed with the moratorium, as the Council is proceeding rapidly to amend the time share ordinance. Councilman Knecht moved to read Ordinance #57, Series of 1983, seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~57 (Series of 1983) AN ORDINANCE IMPOSING A SIX MONTH MORATORIUM ON THE ACCEPTANCE AND/OR PROCESSING OF ANY APPLICATION REQUESTION LAND USE REVIEW AND/OR APPROVAL OF BUILDING PERMIT APPROVAL OF ANY NEW OF CONVERSION TIMESHARE PROJECTS WITHIN THE CITY OF ASPEN was read by the city clerk Councilman Knecht moved to adopt Ordinance #57, Series of 1983, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Walls, aye; Knecht, aye; Collins, aye; Blomquist, aye; Mayor Stirling, nay. Motion carried. Councilman Knecht moved to adopt Resolution 933, Series of 1983, seconded by Councilman Blomquist. Mayor Stirling reiterated his objection to this. All in favor, with the exception of Mayor Stifling. Motion carried. Taddune told Council he had two proposed ordinances which could be adopted by Council or could be referred to P & Z for comment. Councilman Blomquist said he would like to pass these on first reading, send them to P & Z for a report before second reading. Councilman Blomquist moved to read Ordinance 955, Series of 1983; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~55 (Series of 1983) AN ORDINANCE AMENDING SECTION 20-24 OF THE MUNICIPAL CODE PERTAINING TO TIMESHARING SO AS TO: (1) AMEND SECTION (C)(1) BY DELETING REFERENCE TO THE "CC", ,CL" AND "RMF" ZONES, THEREBY RESTRICTING TIMSHARING TO ONLY "L-i", "L-2" AND "L-3" ZONES; (2) AMEND (E)(3)(c) PERTAINING TO TIMESHARING STANDARDS AND REVIEW, TO ~ROHIBIT THE GIVING OF GIFTS; (3) TO ADD A SUBPARAGRAPH (13) TO PARAGRAPH(E) REQUIRING COMPLAINCE WITH HANDICAP ACCESS IN ALL TIMESHARE PROJECTS; (4) TO INCLUDE A NEW PARAGRAPH (S) REQUIRING THAT A LCENSE BE OBTAINED FOR ALL TIMESHARE PROJECTS was read by the city clerk Councilman Knecht said he felt going back and forth to P & Z is wasting time. Councilman Knecht said he would like to kill the time share ordinance and have the discussion about that. Councilman Blomquist said the time share ordinance should be tightened up in certain areas, which the Council has discussed. After that, the Council can discuss whether or not they can prohibit time sharing entirely. Councilman Blomquist questioned if the Council has the right to prohibit time sharing. Taddune told Council he is researching this, and will get a second opinion. Taddune said since Aspen is a tourist community and has tourist zones for short term accommodations, it may be difficult to prohibit time sharing. Councilman Knecht said he would like to find out first whether or not the Council can prohibit time sharing. After that, then address these ordinances. Councilman Blomquist said placing a moratorium is a serious matter, and the Council should deal expeditiously with the reason for the moratroium. Councilman Blomquist said these ordinances should be started, and require the attorneys office to draft an ordinance to prohibit time sharing. Councilman Blomquist said he would like the two efforts to run simultaneously. Councilman! Blomquist said these can be passed and then delay the public hearing to December and request a report from P & Z. Mayor Stirling asked if Taddune thought an administrative delay is appropriate. Taddune said if Council is thinking about repealing or amending an ordinance, an administrative delay is the best process to let the public know that the Council is concerned about some legislation. Councilman Blomquist moved to adopt Ordinance #55, Series of 1983, on first reading with the provision that the public hearing on the ordinance will take place in December and with the understanding this will be referred to P & Z; seconded by Councilman Knecht. Councilman Knecht asked about the developer paying for the policing costs of time sharing. Taddune said there is a licensing fee to cover the cost of admlnlstrat~o , Taddune has left the amount of the fee blank. Mayor Stirling suggested elimination the section which refers to the giving of gifts when there is a broad interpretation of what a gift is. Council decided this could be discussed during the next month. Roll call vote; Councilwoman Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye; Mayor Stifling, aye. Motion carried. Councilman Knecht moved to read Ordinance ~58, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~58 (Series of 1983) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ZONING CODE OF THE CITY OF ASPEN TO DELETE FROM THE SCHEDULE OF PERMITTED AND CONDITIONAL USES REFERENCE THEREIN TO TIMESHARING AS A CONDITIONAL USE IN THE CC, CL AND RMF ZONES was read by the city clerk Gideon Kaufman said he does not remember a discussion of the non-suitability of time sharing in CC and Cl and asked where they came from to be deleted.. Taddune said Council wanted toll limit timesharing to the lodge zones only. Kaufman pointed out CL is a lodging zone. Kaufman said CC and CL are clearly tourist areas and allow lodging. Councilman Knecht moved to adopt Ordinance ~58, Series of 1983, on first reading with the provision that the public hearing on the ordinance will take place in December and with the understanding this will be referred to P & Z; seconded by Councilwoman Walls. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Collins, aye; Walls, aye; Mayor stifling, aye. Motion carried. Councilman Knehct moved to direct the staff to look ~into the ability to prohibit time sharing and report back to Council; seconded by Councilman Blomquist. All in favor, motio~ carried. Councilman Blomquist moved to adjourn at 8:00 p.m.; seconded by Councilman Knecht. All in favor, motion carried. K~h, City Clerk Regular Meeting Aspen City Council October 24, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Sitlring called the meeting to order at 4:05 p.m. with Conumissioners Madsen, Child, Kinsley, and Klanderud and Councilmembers Blomquist, Walls and Knecht present. 1. Report on Transit Bonds. Councilman Knecht moved to add the transit bonds to the agenda; seconded by Commissioner Child. All in favor, motion carried. Bob Irvin, bond counsel, Joe Barrows, Kirchner/Moore, and Vicki West, representing E. F. Hutton were present to discuss this. Bob Irvin said the county was authorized to issue bonds in an election last May for the buses and the bus maintenance facility. These were to be secured by the county-wide sixth penny sales tax. Irvin has researched if these bonds can be secured by a~lease agreement between the city and county, and indicates he would issue an opinion that bonds secured like that are marketable. Irvin said he would work on the bond ordinance for the county and the lease agreement for the city.