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HomeMy WebLinkAboutminutes.council.19851028Reqular Meeting Aspen City Council OctQber 28, 1985 RFTA Semi-Annual Report 1 ASPEN MOUNTAIN LODGE PUD AMENDMENT . 4 LITTLE NELL SPA PUBLIC HEARING . . 6 APPLICATION FOR THREE-WAY LIQUOR LICENSE - Hibachi . 6 APPLICATION FOR THREE-WAY LIQUOR LICENSE - Aspen Grove Cafe 6 APPLICATION FOR A THREE-WAY LIQUOR LICENSE - The Grill 6 REQUEST FOR ENCROACHMENT - The Grill 7 REQUEST FOR ENCROACHMENT - Holland House 7 ORDINANCE #27, SERIES OF 1985 - Water Rate Reform 7 ORDINANCE #58, SERIES OF 1985 Moore Property Rezoning to C-1 8 ORDINANCE #59, SERIES OF 1985 - Establishing Clean Air Board 8 SMUGGLER AREA ANNEXATION . 9 COMPARABLE WORTH IMPLEMENTATION 13 1986 BUDGET PUBLIC HEARING . · 14 RESCISSION OF CONDEMNATION AUTHORIZATION FOR SAWMILL PROPERTY 15 ORDINANCE #57, SERIES OF 1985 - Parking Permit Policy 15 RESOLUTION #28, 1985 - Volk Property GMP Allocation 16 RESOLUTION #29, 1985 - Commercial GMP Carry Over . 16 RESOLUTION #26, SERIES OF 1985 - Local Excise Tax on Gasol i ne 16 RESOLUTION #34, SERIES OF 1985 - Colorado Tax Amnesty 17 RESOLUTION #33, SERIES OF 1985 - Cemetery Lane Duplex 17 RESOLUTION #30, 1985 - Opposing State Funding of Water Projects 17 18 Regular Meeting Aspen City Council October 28, 1985 Joint Meeting with County Commissioners. Commissioner Blake called the meeting to order at 4:10 p.m. with Councilmembers Collins, Fallin, Isaac and Walls and Commissioners Madsen, Child, Klanderud and Braudis present. RFTA Semi-Annual Report Bruce Abel, general manager, reminded the Boards that RFTA was created in November 1983 by an intergovernmental agreement. Abel quoted from the agreement the purpose of RFTA, "to own, operate and administer a public transportation system, both within and without the corporate limits of the city and county, and to provide a level of service that is based on funding, ridership, convenience and mass transportation." Abel said RFTA provides down valley routes, four city routes~ contractual services with the Aspen Skiing Company, seasonal services like the music festival and Maroon Bells. Abel told the Boards that RFTA is now responsible for senior citizens services. Abel said RFTA in 1985 will carry about 943,000 passengers and travel 610,000 miles of non-contractual service. Abel said RFTA has acquired 16 new Neoplan buses, which are more comfortable and provide more amenities to passengers. A new bus maintenance facility has been constructed, which allows for the consolidation of administration, transportation and maintenance. Abel said all RFTA buses have been painted to look alike, rather than 3 different color schemes. A formal maintenance program has been implemented. RFTA has established policy direction and organizational goals. Some plans for the future are installation of passenger shelters throughout the community; RFTA is working with the staff to get the necessary approvals for these shelters. RFTA is acquiring a new wheelchair lift equipped vehicle to provide service for elderly and handicapped individuals and the bids for this vehicle were within budget. RFTA is working with the community to conduct a pre-season orientation program so that lodge and condominium help can better explain the transportation services to tourists. Abel said they are trying to make the system "user friendly". Abel said future plans are an examination of the city's route structure to see if there are any recommended modifications. RFTA is working on request for proposals for a transit develop- ment program to review transit's role in the community. This TDP will be broadened to look at downtown circulation, parking and other issues. The TDP should be through draft stage by March 1986. Abel said the 1986 budget process is underway and they are working on projections of sales tax revenues. Chil8 said earlier there was criticism that RFTA did not have people who were trained to use the specialized maintenance 1 Regular Meeting Aspen City Council October 28. 1985 equipment. Abel said the building was designed to be able to conduct many maintenance functions in-house. RFTA has acquired equipment that the present capabilities does not allow the personnel to operate. RPTA has received proposals for training on this equipment and has budgeted money in 1986 to incorporate the training courses. Madsen asked about the possibility of expanding transit service to Glenwood, Redstone. Abel said it has been RFTA management's recommendation to the Board to get the bus program right before broadening the service. Abel told the Boards there are some thing to get in order so that RFTA is providing the best possible service. Abel said through the TDP process, expanded areas will be looked at. Councilman Collins asked if the highly specialized equipment at the bus maintenance facility could be made available to other governmental entities. Abel said the contract with UMTA states the bus maintenance facility is to be used for the maintenance of transit equipment. Any outside use of this equipment can only be done if RFTA can guarantee to UMTA they have met all of their needs. Outside work can be allowed by a contract; however, RFTA would have to keep a separate set of books for any operation that is not transit related. Abel said if RFTA convinces UMTA that RFTA only needs the facility 80% of the time, UMTA may require grant money be refunded. Councilman Collins asked if RFTA has had discussion with people working on the joint maintenance facility, about sharing equipment. Abel said he has had no discussions with people working on the joint maintenance facil- ity. Braudis said RFTA seems to be getting into transportation planning, and asked if RFTA management has the expertise for this and are they working with other agencies already in place. Abel said RFTA management's philosophy is that public transportation means moving people not running buses, and there are a number of ways to move people. Abel said he feels management has the capability of getting involved in all these areas. Abel said RFTA is working with the planning department in their role in the transportation element, with downtown parking, circulation, the interface of RFTA with city transportation issues. Blake asked if Abel is comfortable with the level of financing. Abel said this year RFTA feels very comfortable financially and feels they have provided quality service and improved the budget surplus. Tom Oken, county finance director, said the sales tax structure has changed and this will generate more revenue. Staff is still working on these projections. Abel told the Boards he presented to the RFTA board a proposal to simplify the bus fares and had a public hearing on a this. Abel said presently there are 13 different fares for riding the 2 Regular Meeting ASpen City Council October 28, 1985 bus. RFTA is proposing reorganizing the fare structure into 4 zones. The goal is to provide a more understandable fare struc- ture; this proposal is revenue neutral to RFTA. The cash fares range from $.50 to $2.50 for adults and children's fare will be $1 less. Abel is recommending that the discount coupon program be changed so that the discount is realized at the time the coupons are purchased rather than when they are redeemed. Abel said the proposed fare structure will have 5 possible payments rather than 13. Abel said the proposed prepayment discount will be a flat across the board 35% off the cash fare. The proposed rates are based on the miles served. Ms. Klanderud said there is a perception problem with down valley residents. This increase will cost them about $6 per month. Down valley residents perceived the sales tax question as solving the financial problems. Ms. Klanderud said these people feel they are not only paying additional sales tax but are paying to ride the bus. Child pointed out most of the sales tax is collected up valley. Madsen moved to approve the proposed rate structure; seconded by Child. All in favor, motion carried. Councilman Collins moved to approve the proposed rate structure; seconded by Councilman Isaac. All in favor, motion carried. MINUTES Councilwoman Fallin moved to approve the minutes of September 23, 1985; seconded by Councilman Isaac. All in favor, motion carried. CITIZEN PARTICIPATION 1. Clyde McFarlin requested Council sponsor a rezoning of his property located at 414 North Mill street. McFarlin told Council private rezoning has to be presented by February 15 and he would like the rezoning done before that. Councilwoman Fallin asked why he could not wait until February. McFarlin said he would like to change the SCI zone to a restaurant use because there are people interested in this property. Council- woman Fallin suggested asking P & Z for a conditional use appr oval. City Attorney Taddune said McFarlin requested P & Z to change the SCI zone in this area. P & Z stated they have spend a lot of time discussing changes in the SCI and were not interested in having the planning office spend anytime considering this. P & Z has concluded there is only a limited amount of SCI use available and the city should be very careful of making any 3 Regular Meeting Aspen City Council O~tober 28, 1985 changes in the SCI zone. Councilman Collins said in the past Council has listened to rezoning requests early. This is not judging the merits of the request. Councilman Isaac said for Council to hear rezoning requests early, there should be some hardship demonstrated. Councilman Isaac said P & Z has looked at this extensively and has recommended not enlarging uses in the SCI zone. Councilman Collins moved to add this to Council's November 11, 1985 agenda; seconded by Councilwoman Fallin. All in favor, with the exception of Councilmembers Walls and Isaac. Notion NOT carried. COUNCILMEMBER COMMENTS 1. Councilman Isaac said Council received a memorandum from staff about the trolley cars. Councilman Isaac said it is almost winter, and the trolleys are still not taken care of. Councilman Isaac requested this be on the next agenda with a proposal to take care of the trolleys. ASPEN MOUNTAIN LODGE PUD AMENDMENT Alan Richman, planning director, told Council this proposal is to replace employee units at the Airport Business Center and Ute City Place with units at Hunter Creek properties, which was tabled at the last Council meeting. There have been numerous meetings in the last two weeks to try and solve some of the problems. Some issues are whether the units should be sale or rental, and how to achieve an exterior upgrade of the units. Richman told Council the applicant is committing to make all the units available for sale through the housing authority and available to any employee of the community. Richman said there is no formal program for upgrading the exteriors of the units and therefore is recommending tabling until a formal program is developed. Richman said the planning office has concerns about parking at the Copper Horse and Alpina Haus, and this should be resolved by the next meeting. Richman reminded Council they requested staff to look at some Code amendments, such as getting extra points in the GMP competition for conversion of existing units to deed restricted units. Richman said this policy is a good one and should be maintained. Richman said what should be changed is that conversion of existing units receives points above the production of new units. Richman recommended Council initiate a Code amendment of cash in lieu of construction of units. Richman said this was presented to P & Z in 1984, and it was felt at that time there was not a need for that option. However, 4 Regular Meeting Aspen City Council October 28, 1985 there are areas of employee housing that cash in lieu could address, like seasonal and dormitory housing. Councilman Collins moved to table the Aspen Mountain Lodge PUD amendment to November 11, 1985; seconded by Councilwoman Fallin. Councilwoman Fallin asked if the cash in lieu amendment could be readied in time for this applicant to use it. Richman said the deadline for the Aspen Mountain Lodge PUD is December 1st and code amendments take about 3 months. All in favor, motion carried. Joe Wells, representing the applicant, told Council the employee housing issue is the only outstanding issue in recording all the documents for the Aspen Mountain Lodge PUD. Sylvia Steinham, owner of Hunter Creek, told Council she would not have bought a unit there if she knew there would be employee housing anywhere around. Ann Harris said a critical issue to the current resi- dents is that the units not be short term rental units. Another important issue is that the buildings be upgraded to the quality that exists there. A1 Paterson told Council a petition was circulated outlining the homeowners concerns, and there are 150 signatures on these petitions. Paterson said phase 2 homeowners (employee units) may be prepared to consider some arbitration with the developers, but the phase 3 homeowners (free market units) indicate they will not accept anything less than what was originally presented. Jean Lederer said one of the problems is how long the units will be rental units before they are renovated and put up for sale. Richman said this concern will be addressed before the next Council meeting. A resident said there should be absolutely no rental at all and the upgrading should be specified in writing. Larry questioned the marketability of these units, as there are 2 bedroom units sitting empty at Centennial, and most of these units are 2 bedroom units. There may be a problem selling these units on the employee market. Richman said this is one of the reasons he is recommending the cash in lieu option. Councilwoman Fallin moved to initiate a cash in lieu code amendment and the repeal of the award of extra points for conversion of existing units; seconded by Councilman Isaac. Councilman Collins asked if there is a requirement that the applicants provide a certain percentage of rental units. Richman said the agreement does not speak to a percentage, their other two projects are more dorm type to deal with the transient employees. 5 Reqular Meeting Aspen City Council October 28, 1985 All in favor, motion carried. LITTLE NELL SPA PUBLIC HEARING Councilman Collins moved to continue the public hearing on Little Nell to November 4, 1985; seconded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Isaac moved to continue Ordinance #53, 1985, to November 4, 1985; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Collins. Motion carried. APPLICATION FOR THREE-WAY LIOUOR LICENSE - Hibachi Mayor Pro Tem Walls opened the public hearing. City Clerk Koch reported the file, posting and publication to be in order. Sue Tan told Council this is located at 520 East Cooper and will be an oriental style fondue restaurant. Mayor Pro Tem Walls asked for opponents. There were none. Mayor Pro Tem Walls closed the public hearing. Councilman Isaac moved that based on the evidence presented at the public hearing relating to the application of David Han for a three-way liquor license, the Council finds that the needs of the community have not been met and the license as applied for is granted; seconded by Councilman Collins. All in favor, motion carried. APPLICATION FOR THREE-WAY LIOUOR LICENSE - Aspen Grove Cafe Mayor Pro Tem Walls opened the public hearing. City Clerk Koch reported the file, posting and publication to be in order. Wes Cantrell, applicant, told Council this is located at 525 East Cooper and will be a restaurant serving breakfast, lunch and dinner. The menu will be standard American. Mayor Pro Tem Walls asked for opponents. There were none. Mayor Pro Tem Walls closed the public hearing. Councilman Collins moved that based on the evidence presented at the public hearing relating to the application of W & L Ltd. for a three way liquor license, the Council finds that the needs of the community have not been met and the license is granted; seconded by Councilwoman Fallin. All in favor, motion carried. APPLICATION FOR A T~REE-WAY LIOUOR LICENSE - The Grill Mayor Pro Tem Walls opened the public hearing. City Clerk Koch reported the file, posting and publication to be in order. 6 ~, Regular Meeting Aspen City Council October 28. 1985 Joshua Saslove, applicant, told Council both he and his partner, Howard Gunther, have restaurant experience. This is located at 307 South Mill. They plan on offering grilled steak, chicken and lobster. Mayor Pro Tem Walls asked for opponents. There were none. Councilman Isaac said he heard there are problems with the construction of the building and with litigation and asked if the applicant plans to open. Saslove told Council they are proceeding with the project, the question is who will pay for the repairs. Mayor Pro Tem Walls closed the public hearing. Councilwoman Fallin moved that based on the evidence presented at the public hearing relating to the application of Tavern on the Park, Inc. for a three-way licence, Council finds that the needs of the community have not been met and the license is granted; seconded by Councilman isaac. All in favor, motion carried. REOUEST FOR ENCROACHMENT - The Grill Councilman Collins stepped down due to conflict of interest Elyse Elliott, engineering department, said the request is for bay windows, which will house planters and will not increase seating capacity. The windows encroach 18 inches into the right-of-way and also awnings, which encroach 36 inches. This request has been reviewed by the HPC and CCLC. In exchange for these encroachments, the Grill is supposed to enhance the landscaping adjacent to the building. Ms. Elliott recommended approval of this request. Councilman Isaac asked if the step into the restaurant will be eliminated. The applicant said there are no steps in the new plan. Councilman Isaac moved to grant an encroachment license to The Grill on the Park on the condition that they landscape the adjacent areas according to Jim Holland's plan; seconded by Councilwoman Fallin. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Holland House Elyse Elliott, engineering department, told Council the Holland House began construction on a hot tub, which encroaches 8 feet into the Hill street right-of-way. Ms. Elliott told Council Hill street has never been used by the city and recommended approval of this encroachment. There is a 5 foot setback in this zone, so the encroachment will be 13 feet. Councilwoman Fallin moved to grant an encroachment license to the Holland House for the construction of their hot tub; seconded by Councilman Collins. All in favor, motion carried. /"~, ORDINANCE #27, SERIES OF 1985 - Water Rate Reform 7 F'~ Reqular Meeting Aspen City Council October 28, 1985 Councilman Collins moved to table Ordinance #27, 1985, until November 11; seconded by Councilwoman Fallin. Assistant City Manager Mitchell told Council they have been presented two versions of this ordinance, which accomplish the same purpose. Mitchell told Council the Mayor requested this be tabled two weeks to give Council time to review the new ordi- nance. Mayor Pro Tem Walls opened the public hearing and continued it to November 11, 1985. All in favor, motion carried. ORDINANCE #58, SERIES OF 1985 - Moore Property Rezoning to C-1 Steve Burstein, planning office, told Council this is a request to rezone 4 lots on the southwest corner of Monarch and Main from O, office, to C-1 zone, leaving the office area and bulk requirement on the property. Burstein said this rezoning will remove the non-conforming status of the property. As an induce- ment to the city to rezone this property, the applicant has agreed to restrict the development rights. Mayor Pro Tem Walls opened the public hearing. Councilman Collins asked if the block east is zoned CC. Burstein said it is, and the C-1 zone could be conceived aIong south Monarch as a buffer to the CC zone, and is a transition between the O, office zone on Main street. Mayor Pro Tem Walls closed the public hearing. Councilman Isaac moved to adopt Ordinance #58, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Collins, yes; Fallin, yes; Isaac, yes; Mayor Pro Tem Walls, yes. Motion carried. ORDINANCE #59, SERIES OF 1985 - Establishing Clean Air Board City Attorney Taddune pointed out there are blanks for appoint- ments of the Clean Air Board. Taddune said the idea is to have the members of the Clean Air Advisory Board would also be the members of the Clean Air Board. Taddune pointed out to Council an amendment to insert the words following 11-4.3 "and make administrative determinations regarding the interpretation and applicability of the City of Aspen's clean indoor air act". This will allow the environmental health director to be the first person to grant or deny extensions of the 15 foot limitation set 8 Regular Meeting Aspen City Counci~ October 28, 1985 forth in section 11-4.3(a) of the clean indoor air act. The director of environmental health will determine the applicability of the smoking regulations to each particular establishment. If the restaurant does not like what the environmental health director decides, they may appeal to the Clean Air Board. Tom Dunlop, environmental health director, told Council his department is familiar with all the establishments in town, and it may be faster for the department to resolve questions. Then a restaurant's recourse is to appeal to the Clean Air Board. Dunlop explained this is a joint Board, but any city appeals will only be heard by the city members. Mayor Pro Tem Walls opened the public hearing. Taddune told Council this Clean Air Board will be duly consti- tuted under the Charter of the City, and the members must be city residents. These members plus members of the county will constitute the Clean Air Advisory Board for purposes of making recommendations, not handling variances. Councilman Collins asked if this ordinance includes recourse of appeals to City Council. Taddune said if Council wants to hear appeals from the Clean Air Board, they may insert that into the ordinance. Decisions of some Boards, like HPC, may be appealed to Council; others like Board of Adjustment may not. Mayor Pro Tem Walls closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #59, Series of 1985, on second reading with the amendments outlined; seconded by Councilman Isaac. Roll call vote; Councilmembers Collins, yes; Fallin, yes; Isaac, yes; Mayor Pro Tem Walls, yes. Motion carried. SMUGGLER AREA ANNEXATIQN Assistant City Manager Mitchell said staff has identified the Smuggler area as a priority area for annexation. The report given to Council has attachments from the planning office regarding density, annexing large, vacant unincorporated parcels, how to proceed on zoning questions in this area. The second attachment deals with the trails issue in the Smuggler area. There is an attachment addressing the two types of petitions for annexation available. Mitchell said one attachment deals with the superfund sites in the Smuggler area and the potential liability the city may be incurring by taking responsibility for public right-of-ways. Mitchell said Council has information on the financial implication of annexation, which results in a negative impact of about $190,000, if the city implements all recommendations of service levels. 9 Regular Meeting Aspen City Council October 28, 1985 Mitchell said based on all the information, staff has recommended how to proceed on the land use and zoning questions, the proced- ure to follow, how to deal with the super fund site, and the financial impact. Mitchell recommended to proceed on a sub-area basis within the Smuggler area rather than trying to deal with the entire Smuggler area at one time. Glenn Horn, planning office, told Council the staff looked at the different areas within the Smuggler area and broke it into 5 areas; area 1 Lone Pine and Hunter Creek, area 2 Willjams addition, area 3 primarily Centennial, area 4 is most of the undeveloped land, are 5 is the Ardmore/Jakati area. Horn said areas 2 and 5 would be the cleanest areas to annex with a minimum amount of Code amendment. Horn said simultaneous to annexing areas 2 and 5, staff has looked at the other areas to take care of the Code amendment work required. Horn said one problem if the city applies RMF to the Hunter Creek area, it would make those apartments a non-conform- ing use because they are too dense based upon the zoning regula- tions. Horn said the choice is either to have a non-conforming use in the city, which does create problems, or to create a special zone district for Hunter Creek. After the Code work is done, the city can proceed with annexation of the other 3 areas. Horn said the staff looked at an overall annexation policy, and the most important aspect of this is that annexation would follow an adopted master plan for the areas to be annexed. Horn told Council in most cases, there is an adopted master plan for areas around the community. The only area that does not have a plan is Red Mountain, so this area should be master planned in 1986. Horn recommended the city enter into a formal intergovern- mental agreement with Pitkin county to set out the referral process for any land use applications that would occur in unincorporated portions of the county that may be about ready to come into the city. This way the Council would have a say on what is going on in adjacent areas. Horn said the next area Council should look at is the Highway 82 corridor master plan. The county has adopted that plan and the city should examine in detail. The big question Council will have to face is an annexation policy for large, vacant unincor- porated parcels. Horn said Council should consider annexation based upon a master plan if the parcels are urban in character, but if they are rural in character, Council should avoid annexing these areas until they are developed. Horn told Council the county land use code is better suited to regulate development of open land, particularly in the highway corridor, than the city code. 10 Reqular Meeting Aspen City Council October 28, 1985 Horn said a lot of time was spent developing a scenic foreground overlay system in the county to be used to regulate development in the meadows east and west of town. If the Council were to go into annexation of these areas, more code amendments would have to be addressed. Horn told Council another problem is usually there is development pressure following annexation. Horn said a site such as Centennial should be annexed, as it is urban in character. Horn said the protection is there for the city, if the city follows the strategy suggested. Mitchell said there will be two conditions of annexation, dedication of water rights and trail easements. These should be not unequivocal conditions but the city should try to acquire these and determine the response from each area. Mitchell said the city should follow the process of petition for annexation, unless there are issues of annexation or 50 percent landowners requirement cannot be met. Mitchell said as far as the superfund site liability, the city should try to negotiate an agreement with the county that they would retain their liability and it is not transferred to the city just because of annexation. Mitchell told Council as each area is annexed, Council should look at the impact on public safety and public service agencies and see at what point these have to be added to. Mitchell recommended if the majority of the Smuggler area is annexed, the city investigate with the county to amend the share of the 4 and 5th penny sales tax to cover the increased cost of annexation. This would be done in cooperation with the county and would have to go to the voters. The county currently retains 43% of the 4th and 5th penny sales tax. Mitchell said the strategy is to annex by sub-area, to invite people from the sub-areas to public meetings to present information the staff has developed, and the impact annexation would have on property owners. Mitchell told Council there is a subdivision within the Ardmore area indicating that they are not interested in annexation. Mitchell said if that is the case, the city can designate this area as outside the Ardmore subdivision. Mitchell recommended the city wait until Centennial is completed before annexing that area. Councilman Collins said in the past the city has based annexation on areas urban in character, contiguous to the city, and people who want to be annexed. Councilman Collins said if any of these are missing, there is no point in pursuing annexation. Council- man Collins said he would like to see all these areas on a big map, what the zoning is, exactly where the sub-areas are. Mitchell said staff did an analysis of each of the sub-area to determine the cost impacts to the individual residents, which indicates a positive economic impact to the residents. 11 Regular Meeting Aspen City Council October 28, 1~85 Kathy asked what is meant about deeding the water rights. Mitchell said when the city annexes property, the city requests the property owners if they have any water rights, to deed these over to the city. If the property owners are using those water rights, the city leases the water rights back to the property owner at a nominal charge. The purpose is to assure that the city can generate sufficient water rights to cover the additional people into the water system. Angeline Griffith, Willjams additions, asked if this area is annexed, what advantages are there. Horn said there is a significant advantage for Willjams addition because the floor area ratios for most parcels would be allowed to build a substan- tially larger structure. Horn said another positive advantage is that some parcels will be large enough to construct a duplex. The staff is recommending R-15A zoning, which means if a duplex is built half of it would be a deed restricted employee unit. Claire Sanderson, Ardmore homeowner, told Council Ardmore comprises two separate entities. One is Smuggler Grove, which has 7 one acre lots and 5 people still live on these lots. Two lots were sold and subdivided into 8 units. Ms. Sanderson the subdivision plows and maintains their own roads. Ms. Sanderson said there are a total of 13 homeowners; one is in favor of annexation, 2 did not respond, 10 are opposed to annexation. There are 9 signatures on a petition stating their opposition to annexation. These people purchased their land in the county and wish to remain in the county. Ms. Sanderson urged Council to change their intention in this matter. Councilman Isaac asked why these people are opposed to annexation. Ms. Sanderson said they like their life style and the way they live. The citizens are concerned about the access; the road are very narrow and the citizens have to have the roads plowed immediately after a storm. Evan Gull, Ardmore resident, told Council he is opposed to annexation and his primary objection is that there are too many regulations that apply to highly urban areas that would inappro- priate for this area. Gull said there is not a financial consideration in his decision. Gull told Council he is not interested in dedicating any of his land for a road. Nick Lebby, Ardmore resident, said he prefers to remain in the county, it suits his life style better. Lebby said he cannot see any advantage of the city annexing this. Jim Snyder said he would like to join the Ardmore residents in staying in the county. Councilwoman Fallin said the roads would remain private if these areas are annexed. Councilwoman Fallin moved to direct staff to pursue the annexa- tion of the Smuggler area using the guidelines as stated in the City Council memorandum dated October 15, 1985, excepting those 12 Reaular Meeting Aspen City Council October 28, 1985 residents in Ardmore in sub-area 5; seconded by Mayor Pro Tem Walls. Mitchell said there are 26 parcels in the Ardmore area and 9 are opposed to annexation. Councilman Isaac said he would prefer the reference to those not wanting annexation taken out. Councilwoman Fallin amended her motion to delete that reference. Mayor Pro tern Walls said this motion is just authorizing the staff to proceed to the next step. Mitchell said the staff will hold public hearings, then proceed with the petition process which will determine if there is interest in annexation, then will examine if there are any problems with the water rights dedication and the trail easements. All this will be brought back to Council. The staff will concentrate on the Willjams addition and the Ardmore area, and will try to carve out the area where residents are not in favor. All in favor, with the exception of Councilman Collins. Motion carried. COMPARAB~uE WORT~ IMPLEMENTATION Assistant City Manager Mitchell presented an implementation plan and recommended phasing the salary adjustments recommended in the study. The staff is recommending 20 percent be implemented by November 1st, which will require Council to authorize an additional appropriation for 1985 of $10,980. The second phase will be a 35 increase of the remaining recommended increase, which will cost $65,676 annually. The report recommends reclass- ification of 8 positions that have been affected by the reorgani- zation, which are the agency directors and 3 positions in the leisure services agency. Mitchell said these increases are within the $88,000 Council has in the proposed budget. Mitchell said there are some procedural changes in this recom- mendation. One is the open range classification, which does away with the steps within a range. There will be minimum and maximum salaries established. The city will be going with the pay for performance evaluation, eliminating a standard percentage raise. The staff is recommending those position above the maximum or when they reach the maximum, that position will become ineligible for merit raise but would only be eligible for the once a year bonus based upon performance. Any position above the maximum will not be eligible for a cost of living raise until the maximum of that range catches up. Mitchell said the staff will continue to do an annual salary survey and try to maintain the salaries at the prevailing wage based upon economic indications. 13 Reqular Meeting Aspen City Council October 28, 1985 Councilman Isaac asked about the remaining 45 percent increases. Mitchell said the staff feels from a reasonable economic stand- point, the city will be done implementing salary adjustments with these two increases. The staff will continue to use the Arthur Young study as a reference in the annual salary survey. Councilwoman Fallin said she felt the purpose of this study was to bring the jobs that are traditionally female oriented jobs up to a pay scale that is equal. Councilwoman Fallin said the city still has a pay scale that does not address the problem. Mitchell said if Council wants, the staff can look at certain positions. Mitchell said the reason the salary adjustments were done on a percentage basis is so that all positions are dealt with equally. Mitchell said the attachments show the actual salaries, the first proposed increase, the recommended increase, and the difference. Councilman Collins said he through the idea of the comparable worth study was to look at the lower grades; this goes up through grade 20. Some of the increases are over $200 a month. Mitchell said of the 10 highest increases, over half of the positions are filled by women. Councilman Isaac moved to implement the comparable worth study and salary increases as outlined in the October 23 memo from Patsy Malone and the 8 recommendations outlined; seconded by Councilwoman Fallin. All in favor, with the exception of Council- man Collins. Motion carried. 1986 BUDGET PUBLIC HEARING Mayor Pro Tem Walls opened the public hearing on the 1986 budget. There were no comments. Mayor Pro Tem Walls closed the public hearing. Cindy Shafer, acting finance director, presented Resolution #31, Series of 1985, which adopts the 1986 budget. Assistant City Manager Mitchell recommended Council adopt this resolution, unless Council has major changes. This resolution is based upon all the budget hearings over the past two months. Councilwoman Fallin moved to adopt Resolution #31, Series of 1985, adopting the 1986 budget; seconded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion carried. Ms. Shafer presented Resolution #32, which is the adoption of the annual mill levy. Ms. Shafer told Council this allows her office to certify to the treasurer the mill levy for 1986. This is the same rate as 1985 and raises approximately $330,000 in revenue. Mayor Pro Tem Walls asked if the city wanted to raise 14 Regular Meeting Aspen City Council October 28, 1985 the mill levy, how much could it be raised. Ms. Shafer said she is investigating this as state does regulate statutory cities. Councilman Isaac said he would like to raise the mill levy as it has been lowered over the last couple of years, and the city may get trapped if they lose other sources of revenue, like revenue sharing. Councilwoman Fallin moved to adopt Resolution #32, Series of 1985, certifying the mill levy; seconded by Councilman Isaac. All in favor, motion carried. RESCISSION OF CONDEMNATION AUTHORIZATION FOR SAWMILL PROPERTY Assistant City Manager Mitchell told Council they need a motion to rescind their previous action on condemnation of the Sawmill property. Mitchell said the staff is not looking at the Sawmill property as of being a viable alternative for the ski trail. The staff is pursuing other options. Council's motion places a cloud over the property. Councilman Isaac moved to drop the condemnation proceedings; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #57, SERIES OF 1985 - Parking Permit Policy Councilman Isaac moved to read Ordinance #57, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #57 (Series of 1985) AN ORDINANCE REPEALING AND REENACTING SECTION 22-12.1 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR THE WAIVER OF PARKING LIMITATIONS AND THE ISSUANCE OF PARKING PERMITS was read by the city clerk Rocky Whitford, police department, told Council the city establi- shed a perking permit policy in 1975. This is a definition of the different categories that would qualify for parking permits. There are permits for medical personnel, temporary handicap persons, senior citizens. The police department has eliminated most.of the construction permits. Whitford said the police department feels they need better definitions. Mayor Pro Tem Walls asked if this ordinance addresses getting the trucks off the mall. Whirford said he is working on another ordinance to address delivery trucks. Rich Rianoshek, police chief, said they are working on a plan to designate certain times and areas for truck unloading. 15 Regular Meeting Aspen City Council October 28, 1985 Councilwoman Fallin pointed out sometimes the alleys are imposs- ible with delivery trucks that are there for a long time. Rianoshek told Council his staff is doing a study and will have a preliminary report. Councilman Isaac said he would like temporary handicap persons be exempted from the $20 parking permit fee. Whirford explained the $20 covers the cost of the permit, the staff checks the request with the doctor. Councilman Isaac moved to amend Ordinance #56 to add subsection (2) to subsection (8); seconded by Councilman Collins. All in favor, with the exception of Councilwoman Fallin and Mayor Pro Tem Walls. Motion NOT carried. Councilman Collins moved to adopt Ordinance #57, Series of 1985, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Collins, yes; Mayor Pro Tem Walls, yes. Motion carried. RESOLUTION #28, 1985 - Volk Property GMP Allocation Councilwoman Fallin left the room due to conflict of interest. Councilman Collins moved to adopt Resolution #28, Series of 1985; seconded by Mayor Pro Tem Walls. All in favor, motion carried. RESOLUTION #29, 1985 - Commercial GMP Carry Over Mayor Pro Tem Walls asked why the recommendation is to carry over so much square footage in NC/SCI and CC/C-1. Steve Burstein, planning office, said because of the Centennial project and other residential projects, the extra square footage may be necessary to catch up with the other growth. Mayor Pro Tern Walls said with the amount of commercial space in town, it does not seem necessary to carry over the quota. Councilman Isaac said the NC/SCI zone has been under built in the past, and these are the types of uses the town needs. Then density in this zone would not change, it would just allow more than one project to be built. Mayor Pro Tem Walls said she thought Council had made a decision several years ago not to carry over any allocations. Councilman Isaac moved to accept Resolution #29, Series of 1985; seconded by Councilwoman Fallin. All in favor, with the excep- tion of Councilmembers Collins and Walls. Motion NOT carried. Councilwoman Fallin moved to table Resolution #29, 1985, to November 11, 1985; seconded by Councilman Isaac. All in favor, with the exception of Mayor Pro Tem Walls. 16 Regular Meeting Aspen City Council October 28, 1985 RESOLUTION ~26, SERIES OF 1985 - Local Excise Tax on Gasoline Assistant City Manager Mitchell told Council Aspen has been requested by other cities to adopt this resolution, which asks the Colorado Municipal League to pursue legislation to allow municipalities to institute an excise tax on gas to be used basically for street improvements. Councilwoman Fallin said she feels this seems cumbersome for service stations. Councilwoman Fallin said she would rather see this be collected at the state level as opposed to having it done on the city level. Council said they are not interested in this. RESOLUTION ~34, SERIES OF 1985 - Colorado Tax Amnesty Councilman Collins moved to adopt Resolution #34, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #33, SERIES OF 1985 - Cemetery Lane Duplex City Attorney Taddune said this is a request for improvements on his sun room floor. Councilman Collins moved to adopt resolution #33, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION ~30, 1985 - Opposing State Funding of Water Projects Mayor Pro Tem Walls said this resolution asks the Colorado Municipal League to not support state funding of water projects and to oppose using state sales tax to fund water projects. Mayor Pro Tem Walls pointed out sales tax are a major source of revenue for municipalities and would not like to see it diminish- ed. This is a divisive issue, and CML should not get involved. Councilwoman Fallin moved to adopt Resolution #30, Series of 1985; seconded by Councilman Collins. All in favor, motion carried. LIOUOR LICENSE RENEWALS Councilman Collins moved to approve the liquor license renewals; seconded by Councilwoman Fallin. These are Toro's; Ute City Banque; Of Grape & Grain; Cooper Street Pier; Hickory House; Bentley's; Sushi Masa; Copper Kettle; Grog Shop; Eagle's Club. All in favor, motion carried. Councilman Isaac moved to continue the meeting to 5 p.m. November 4, 1985; seconded by Councilwoman Fallin. All in favor, motion carried. 17 Reqular Meeting Aspen City Council October 28, 1985 Council left the meeting at 8:40 p.m. ~h, City Clerk