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HomeMy WebLinkAboutminutes.council.19851209Regular Meeting Aspen City Council December 9. 1985 Joint Meeting With County Commissioners. Mayor Stirling called the meeting to order at 4:10 p.m. with Commissioners Klanderud, Madsen, Braudis and Blake and Councilmembers Isaac, Collins, and Fallin present. 1. Roaring Fork Transit Agency 1986 Budget. Bruce Abel, general manager of RFTA, said the items to be addressed are the 1985 budget amendments and the 1986 proposed budget. Abel told the Boards the 1985 amendments should be addressed first to put the 1986 budget into perspective. The forecast 1985 budget reflects an increase in operating expenses to $2,157,548 and revenues will be $773,730 and non-operating revenues at $1,422,477. Abel pointed out the net result of this is that the contribution to fund balance will be $38,000 rather than $85,000. Abel said the elements of the cost increases are service wages, parts and supplies - tires not budgeted, body work not budgeted; some of this may be recovered through warranty claims to Neoplan, and fuel and lubricants. There are increases in operating wages due to under budgeting, as well as a customer information clerks. There are increased costs for deductibles. There are travel costs to cover related to ATC's costs to supervise maintenance activities and also when RFTA was without a general manager. There have been increases in the operating revenues as a result of increases in billing the Skiing Company and increases in the non-operating revenues from an increase in sales tax revenues. Councilwoman Fallin moved to adopt RFTA Resolution 85-9, the revised 1985 budget; seconded by Councilman Collins. All in favor, motion carried. Commissioner Klanderud moved to adopt RFTA Resolution 85-9; seconded by Commissioner Braudis. All in favor, motion carried. Abel told the Boards the 1986 RFTA budget recommends 3% cost of living wage to all employees. There was no cost of living increase last year. There is a recommended reclassification for several year round positions; these are bus operator 1 and bus operator 2, as well as the senior maintenance positions. These reclassifications are based on a salary survey conducted by RFTA in the valley and with similar transit systems. Abel said a major emphasis in the 1986 budget is to improve the skill level of the employees, and there is money for maintenance training programs to help the employees take better advantage of the new facility and new equipment. Abel said there is a small contribution to fund balance recogni- zed in this budget. Madsen asked about the longevity bonus program. Abel said RFTA has adopted a hybrid-typical municipal 1 Reqular Meeting Aspen City Council December 9, 1985 pay plan, using the concepts of grades and steps. Abel said in some pay plans, progression from one step to another is an automatic function. Abel said RFTA has created grades and steps with ranges. An employee, on their anniversary date, will be submitted to a merit evaluation, and based on those results the employee may move into the next range. If an employee has an unsatisfactory review, they may move into another range but get no salary increase. Abel told the Boards after 5 years, the average employee will have gone up through the complete range and w ill no longer be eligible for a merit increase. RFTA created a longevity increase for someone at the top of the salary range, which would be a bonus at the end of the year. This will provide an incentive for employees to perform. Ms. Klanderud said this appears that an employee will be eligible for a longevity bonus as well as a merit bonus. Braudis said he is opposed to longevity increases as it appears that the longer an employee is around, the more they get. Braudis said there is a certain wage beyond which an employee should not go, how much the position is worth in the market. BraDdis suggested an exceptional performance bonus, rather than a longevity bonus, for an employee maxed out in their range. Braudis said he would like to eliminate any reward just for staying around 5 years. Abel said that is the reason it has been taken out of the pay plan and it is a lump sum bonus. Abel said RFTA would like to promote continuity of service, and employees have been with RFTA for 5 or 6 years contribute valuably to the organization. Ms. KlanderDd said this plans allows management the flexibility to reward employees who do a good job. Councilman Collins said he got the impression from the last meeting that if the bonus funds were available, they could be given in response to longevity. Councilman Collins said this concept needs some work, and that longevity should be scratched. Abel said the pay plan is structured on the concept of a maximum wage that any position should be earning. RFTA would like to be in a position to reward employees that have reached that maximum and continue to contribute to the organization. BraDdis suggest- ed the term longevity be eliminated and use the term exceptional performance. Abel told the Boards that RFTA is writing up measurable objective criteria for this concept. Abel said this is not budgeted for 1986, RFTA is asking for adoption of the concept. Bil Dunaway asked what percentage of the employees are covered in the reclassification. Abel said 30 out 66 drivers and 4 or 5 out of 15 mechanics will be covered. Dunaway said the city has just gone through a comparable worth study and reclassified most 2 Regular Meeting Aspen City Council December 9, 1985 positions. Abel said the city's study was one of the inputs in their salary study. Abel said the salary study showed that the clerical help was in the proper pay level. Abel said RFTA plans continued provision of high quality, consistent, efficient and appropriate transit service in the Valley. Early in 1986, RFTA will be undertaking the evaluation of the city services, and any route changes would be anticipated for spring. The work program for 1986 incorporates the prepara- tion of a 5 year transit development program reviewing the role of RFTA in the community's transportation program and guidance as to where the community would like RFTA to go. Abel put together a personnel resources from 1983 to proposed 1986 to track the number of people involved in public transit services. 1983 was pro-consolidation and had 55 employees. There was a large reduction in 1984. 1985 and 1986 have leveled off at 49 employees. RFTA is now employing building maintenance people; previously this was provided by the city and county. The role of the supervisors has been expanded in areas of training and marketing. Abel explained RFTA is developing program performance measures in an attempt to develop information necessary to track how well they are doing. RFTA is supposed to be providing transit services, and some performance measures can be road calls, accidents, complaints. Efficiency is how well RFTA is turning resources into output of transit service. Expense per mile is a reflection of the actual budget divided by the number of miles of service. There will be an increase in the cost per mile for 1986. The most important measure of efficiency for transit is net cost per passenger, which RFTA is working on developing. Abel said RFTA hopes to show an improvement in net cost per passenger. Abel told the Boards that insurance costs for 1986 have increased from $57,000 to $168,000 and monies for training have increased. The 1986 budget is increased $253,000, almost half of which is accounted for in insurance and training. The number of miles for 1986 has also increased. Councilman Collins asked why the cost per mile does not include depreciation, and what would that figure amount to. Abel said one reason is the nature of the federal assistance program. Many areas view depreciation as a phantom expense as federal financial resources are available for the majority of capital acquisitions. Abel said RFTA accounts for depreciation, not formally, but track money available through fund balances. Blake said he would like to discuss the $700,000 fund balance. Mayor Stifling suggested continuing this discussion to Monday, December 16, 1985. Abel 3 Reqular Meeting ASpen City Council December 9, 1985 said this budget is the operations of RFTA, and they are requesting no capital budget until the TDP is completed in the spring. The Boards requested copies of the proposed capital projects for 1986. Abel said the TDP is not in this budget; it will be set up as a separate budget so that it can be followed by contractual guidelines. RFTA has a contract for $40,000 with the state. Additional expenditures appropriate to address downtown circulation, parking needs will bring the total project up to $60,000. Councilman Collins said he would also like to look at the bus maintenance facility and bus acquisition grant funds. COUNCIL MEETING MINUTES Councilwoman Fallin moved to approve the Minutes of October 28, November 4, and 5, 1985; seconded by Councilman Isaac. All in favor, motion carried. COMMENDING JAME~ B. HOLLAND Mayor Stifling read a Resolution of the City Council commending James B. ~olland for his outstanding service to the city of Aspen from October 1977 through December 1985. The resolution states throughout his time, ~olland demonstrated the highest level of dedication to the concepts of effective democratic local government, and has affirmed the dignity and worth of the services rendered by government by maintaining a constructive, creative, and practical attitude toward urban affairs. Holland played an integral role in the accomplishments of the city during the past 8 years. The Council expresses sincere appreciation for Holland's dedication and commitment. Councilman Collins moved to adopt this resolution; seconded by Councilmembers Isaac and Fallin. All in favor, motion carried. Council said Holland will be sorely missed. CITIZENS COMMENTS 1. Wink Jaffee said Council has spent millions of dollars talking, writing and preparing reports on growth management. Jaffee said this is a situation where not one single identifiable group wants a building on the Yolk property. The citizens want a park. Jaffee said he was told by the Mayor that this is an expensive proposition. Jaffee said money has never been an issue in Pitkin County for anything that government wanted to do. Jaffee said the Council could knock off $800,000 in the budget and the citizens would not know the difference. Jaffee asked how a government could exist that could do something that is against the wishes of all the people. There is nobody that wants a 4 Regular Meeting Aspen City CoUncil December 9, 1985 building on this property. Jaffee said there are several ways to finance this proposition to have a park there, and the city does not need another building. 2. Jon Busch said in the last week's paper, there were glowing ads for the building on the Yolk property. Busch said this ad distorts the image of the amount of open space that will be left after the building is done. Busch said the developer maintains the city does not need a performing space downtown because musicians perform everywhere in the mall. Busch said when the Air Force drum and bugle corps performed in the mall, they could only be seen by those standing close. The drum and bugle corps were forced to lay in the middle of Wagner park, and people still could not see them. Busch pointed out the music students used to give concerts but gave up because of the lack of a cohesive place to perform. Busch said the Independence Square is an already existing site with positive attributes for a performing center. It is a space that cannot be duplicated. Busch said an alternative is a reflective shell at Wagner park, which would be a large structure and would be expensive. Busch said the Aspen Times article stated the Volk property had a low priority of open space acquisitions because of the cost. Busch asked Council if they knew what the cost is, if they have spoken with the Volks, and if they have examined purchasing it over time. Busch said Council should not dismiss the advertised responses delivered to the Mayor. The planning office indicated the Volk property would be a highly desirable acquisition. Busch said other items on the priority list have had no responses from citizens. The highest priority item, completing the trails system, has had only two advocates appear before Council. Busch said no parcel has had greater support from the community to purchase as open space than the Volk property. 3. David White said this is the only piece of open space the city has had the opportunity to purchase that is in the commer- cial core. White pointed out when this space goes, it is gone forever. It is a vital part of the downtown plan. White said cost has never been an item in this community. White said the Council has stretched growth management for some recent projects, and they should protect growth management by buying this property and not having more commercial space in the downtown. There is already pressure on transportation, parking, circulation, and more commercial space is not needed. 4. Andre Ulrych asked if purchase of the Volk property is scheduled for a Council agenda. Mayor Stifling said Council has made some tentative decisions about capital improvements and open space. Cindy Shafer, finance director, said she is working on a 5 Reqular.Meet-in~ .... Aspen City Council December 9. 1985 report to Council based on the last work session. Councilman Isaac said he would like to get the Yolk property addressed more fully, find out the price and the purchase alternatives so that Council can make a decision. Mayor Stirling announced the city received a certificate of conformance for financial report for the second time in two years. The city received recognition from Government Finance Officers' Association. Mayor Stifling congratulated Cindy Shafer, finance director, and her staff. ORDINANCE-~63. SERIES OF-1985 - Short Term Note Refinancing Cindy Shafer, Finance Director, told Council she has negotiated a note with the First National Bank of Aspen, who holds the current note. The interest rate is flexible and is currently 4.35 percent below their published rate and will make the loan at 7.85 percent. Ms. Shafer told Council she only received 3 responses to the bids sent out. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stifling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #63, Series of 1985, on second reading; seconded by Mayor Stirling. Councilman Collins asked why this open space purchase is being financed. Ms. Shafer said this was part of the 1985 capital improvement budget, under that plan there was $400,000 worth of items to be financed. The rest of the plan has not been done and the only financing mechanism for this purchase was a short term loan. Ms. Shafer said as part of the 1986 capital financing, this property should either be included in the financing or should be paid off. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Collins, yes; Mayor Stifling, yes. Motion carried.. ORDINANCEI-#64, SERIES OF 1985 - Bond Refunding Mayor Stifling opened the public hearing. City Attorney Taddune pointed out there have been amendments since first reading, and these have been underlined in the latest draft. Bil Dunaway asked why the bond amount has been increased $135,000 from first reading. Steve Jeffers, Kirchner Moore, told Council at first reading, this bond issue had not been taken to the market place. In the interim, the interest rates have continued to come down on government securities. The majority of monies in a refunding issues are put into government 6 Regular-Meeting Aspen City Council December 9, 1985 securities, which are put into an irrevocable escrow account. Since the rate came down, more bonds had to be issued to pay off the old bonds. Jeffers said in the new schedule, the principle has been increased but the interest rates have been decreased to 8.34% and Kirchner Moore has decreased its discount to continue to make the project work and come up with savings. In the new schedule the savings will be $100,000 of present value. Cindy Shafer, finance director, told Council the staff feels $100,000 net present value savings is the criteria they set when looking at refundings. Ms. Shafer told Council there are some anticipated tax law changes which may preclude cities from being able to refund bonds in the future. The staff decided if they could get some savings, it would be worth the effort to do a refunding. Jeffors told Council the guideline at Kirchner Moore if they can get a present value savings of 1 percent, it is marginal, anything better than that is great. Jeffers told Council there is not a normal spread in bond issues right now; government issues are acting very strong, because of the impend- ing taxes there is an oversupply of municipal issues. There is a savings here above marginal criteria, and it makes sense for the city to refund this issue. Jeffers pointed said the expense of issuance is not to exceed $181,625, which is issuance and the underwriters discount. There is a new provision in that section for bond insurance. Councilman Collins asked who pays the insurance premium. Jeffers said it is paid from the proceeds, and there will be a credit from the insurance paid on the last issue. Mayor Stifling closed the public hearing. Councilman Isaac moved to adopt Ordinance #64, Series of 1985, as amended, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried.. ORDINANCE #65,-SERIES~ OF 1985 - Lease/Purchase Road Grader Mayor Stifling opened the public hearing. There were no com- ments. Mayor Stifling closed the public hearing. Councilman Isaac moved to adopt Ordinance #65, Series of 1985, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Collins, yes; Mayor Stifling, yes. Motion carried. Regular-Meeting Aspen-City Council December 9, 1985 QRDINANCE~66,-SERtESOF 1985 - Appropriation/Road Grader Mayor Stifling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #66, Series of 1985, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Fallin, yes; Mayor Stifling, yes. Motion carried. ORDINANCE #67-, SErIES-OF-.1985 - Timeshare Amendments ORDINANCE NO. 67 (Series of 1985) AN ORDINANCE AMENDING SECTION 24 OF CHAPTER 20, TIMESHARING, BY REPEALING AND REENACTING SECTIONS 20-24(E)(3)(C) AND 20-24(0)(2), CHAPTER 20, TO ALLOW TIMESHARE OPERATORS TO PROVIDE FREE TRANSPORTATION AND LODGING FOR PROSPECTIVE BUYERS AND REPEALING AND REENACTING SECTION 20-24(S)(2), ESTABLISHING A GRADUAT- ED ANNUAL LICENSING FEE STRUCTURE was read by the city clerk Councilman Isaac moved to adopt Ordinance #67, Series of 1985, on first reading; seconded by Councilwoman Fallin. Steve Burstein, planning office, told Council this ordinance changes the gift limitations that apply to travel and lodging to inspect timeshare projects and also establishes a graduated fee structure. Burstein said the planning office is recommending some restriction on the travel and lodging and to clarify what is acceptable so there is no misinformation. Burstein told Council the P & Z voted to leave the Code the way it is regarding gifts and recommended the fee structure be $2,000 per project plus $100 per unit. Councilman Isaac asked if the graduated fee structure will cover the expenses. Burstein said in a normal year, it probably would; however, this year there has been a lot of time involved in the annual review process and in changes to the code. Mayor Stirling said he feels not including any limitation on travel and lodging is logical. Burstein said the concern is that people may have an introduction to Aspen by these inducements and may be mislead about the nature of the community. Councilwoman Fallin said realtors are not regulaed in this area. Councilman Collins said he is opposed to increasing the limit on travel. Taddune said there was to be a section in this new ordinance that states 8 Regular Meet{rig Aspen City Council December 9. 1985 expenses for travel or lodging shall not be considered gifts, which was intended to be included. Councilman Isaac moved to amend his motion to include language that expenses for travel and lodging shall not be considered gifts; seconded by Councilwoman Fallin. Councilman Isaac asked staff report back to Council in January 1987 to see how the expenses are being used. Assistant city Manager Mitchell said the ordinance requires an annual review. Roll call vote; Councilmembers fallin, yes; Collins, no; Isaac, yes; Mayor Stifling, yes. Motion carried.. 0RD~NANCE #68. SERIES-OF-1985 - Land Use Application Fees Councilwoman Fallin moved to read Ordinance #68, Series of 1985; seconded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE NO 68 (Series of 1985) AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY THE ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE NO. 82 (SERIES OF 1981), ORDINANCE NO. 67 (SERIES OF 1982), ORDINANCE NO. 71 (SERIES OF 1983) AND ORDINANCE NO. 43 (SERIES OF 1984), TO THE EXTENT SAID ORDINANCES ABE INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #68, on first reading; seconded by Councilman Isaac. Mayor Stifling said the planning office fees were not increased last year, and the staff is reco~nending they not be increased for next year. Mayor Stifling commended this and stated he is enthusiastic about holding the fees status quo. Alan Richman, planning director, told Council there was a potential to drop the fees if they implemented an fee for processing HPC applications. Richman proposed a fee for HPC applications, but the City Manager recommended not doing that as the city has a policy of encouraging historic preservation and trying to reduce the burdens on historic properties. Richman said the planning office can meet the budget guidelines without increasing the fees. Councilman Collins objected to reviewing the fees every year and spending a lot of staff time. Councilman Collins said he feels it is a poor policy to look at adjusting fees on a yearly basis. 9 Reg~Ptar Meeting ..... Aspen City Council December 9, 1985 City Manager Schilling agreed yearly review of fees is too often and perhaps this should be done every two years. Richman suggested in this ordinance the fees could be adopted for the years 1986 and 1987; however, if this ordinance is not addressed, there will be no fee structure for 1986. Richman said he is not a proponent for coming to Council every year. Councilwoman Fallin said the fees could be established as part of the budget review for the planning department. Richman suggested changing section 3 to add that the fee structure be reviewed during the annual budget review and adjusted only as necessary. Councilwoman Fallin moved to amend her motion to change section 3 #5 to add the above comment;seconded by Councilman Isaac. Roll call vote; Councilmembers Fallin, yes; Collins, no; Isaac, yes; Mayor Stifling. Motion carried. R-EOUEST-IPeR ~ENSROAe}]MENT - Brand Building Elyse Elliott, engineering department, told Council the Brand building is requesting an encroachment license for awnings which will extend two feet over the sidewalk right-of-way on both Galena and Hopkins streets. Ms. Elliott told Council they have approved every awning encroachment request. Ms. Elliott told Council HPC has approved this request. Councilman Isaac said the Brand building used to be accessible to wheelchairs and since the remodel it is no longer accessible to wheeled vehicles. There is a step at every doorway. Welton Anderson, architect, told Council previously only the arcade was accessible, all other stores had steps up or down. Anderson told Council the Brand building applied for historic designation under the National Parks Service and the whole renovation has been overseen by the Parks Service. Councilman Isaac said this does not meet the code, and ramps could have been installed unobtrusively. Councilman Collins moved to approve the requested encroachment license for awnings at the Brand building; seconded by Mayor Stifling. All in favor, motion carried. ORPINANCE~69, 8ERI~S-OF 1985 - Appropriations Councilman Collins moved to read Ordinance #69, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #69 (Series of 1985) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $2,000; APPROPRIATING GENERAL FUND EXPENDITURES OF $79,200; TRANSFERRING $16,000 FROM T~E GENERAL FUND TO TEE WBEELER TRANSFER TAX FUND; TRANSFERRING $2,000 FROM THE GENERAL FUND TO TEE GOLF COURSE FUND; TRANSFERRING 10 Regul~ar Meeting ....... Aspen City Council December 9, 1985 $38,200 FROM TEE GENERAL FUND TO THE ICE GARDEN FUND; RECOGNIZING LAND FUND REVENUES OF $120,000; APPROPRIATING LAND FUND EXPENDITURES OF $314,400; TRANSFERRING $28,000 FROM THE LAND FUND TO THE GENERAL FUND; TRANSFERRING $95,000 FROM TEE LAND FUND TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING $379,000 FROM THE LAND FUND TO THE 1985 SALES TAX REFUNDING REVENUE FUND; TRANSFERRING $44,000 FROM THE LAND FUND TO THE GOLF COURSE FUND; TRANSFERRING $24,500 FROM THE TRANSPORTATION/MALL FUND TO THE GENERAL FUND; APPROPRI- ATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $200; TRANSFERRING $26,000 FROM THE WHEELER TRANSFER TAX FUND TO THE GENERAL FUND; TRANSFERRING $195,000 FROM THE WHEELER TRANSFER TAX FUND TO THE 1985 SALES TAX REVENUE REFUNDING FUND; RECOGNIZING 1982 SALES TAX REFUNDING AND IMPROVEMENT FUND REVENUE OF $12,500,000; APPROPRIATING 1982 SALES TAX REFUNDING AND IMPROVEMENT FUND EXPENDITURES OF $12,900,.000' TRANSFERRING $600,000 FROM THE 1982 SALES TAX REFUNDING AND IMPROVE- MENT FUND TO THE 1985 SALES TAX REFUNDING REVENUE FUND EXPENDITURES OF $897,000; RECOGNIZING WATER FUND REVENUES OF $43,000; APPROPRIATING WATER FUND EXPENDIT- 7URES OF $43,400; TRANSFERRING $30,000 FROM THE WATER FUND TO THE GENERAL FUND; APPROPRIATING ELECTRIC FUND EXPENDITURES OF $450,000; TRANSFERRING $27,000 FROM THE ELECTRIC FUND TO THE GENERAL FUND; APPROPRIATING GOLF COURSE FUND EXPENDITURES OF $78,200; TRANSFERRING $2,000 FROM THE GOLF COURSE FUND TO THE GENERAL FUND; TRANSFERRING $44,000 FROM THE GOLF COURSE FUND TO THE 1985 SALES TAX REFUNDING REVENUE FUND; APPROPRIATING ICE GARDEN FUND EXPENDITURES OF $4,500; TRANSFERRING $2,000 FROM THE ICE GARDEN FUND TO THE GENERAL FUND; APPROPRIATING SMUGGLER SPECIAL ASSESSMENT FUND EXPENDI- TURES OF $125,000 was read by the city clerk Councilman Isaac moved to adopt Ordinance #69, Series of 1985, on first reading; seconded by Councilman Collins. Assistant City Manager Mitchell pointed out that the animal shelter improvements are the only item Council has not previously approved. Mitchell said the new licensing requirements and the interests of the community in boarding animals at the facility, require that these improvements be made. Mayor Stifling said he feels these improvements are inappropriate in an appropriation ordinance. They should have been presented for full discussion. Mitchell said timing is a problem, and the staff has just recently found out what needs to be accomplished in order to board animals. The animal control department has set out a 5 year plan for improvements. This will increase the animal control budget by $12,500. 11 Re~u}ar-Meeti~g - - Aspen City Council December 9, 1985 Mitchell told Council these items were listed in the capital improvement program list, but staff decided they were not sufficient enough to be on that list. These are more maintenance and repair items. Mitchell said these items should be part of the animal control operating budget. These items will come out of fund balance. Councilman Collins asked if the revenues are up. Mitchell said the facility has not been able to do any boarding because the holding facilities are not sufficient to separate impounded animals from boarded animals. The apartment is rented out. The city is negotiating a contract with Snowmass to bring their animals there, the staff is negotiating a lease for grooming facilities. Council requested more detail of these items for second reading of the ordinance. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Collins, yes; Mayor Stifling, yes. Motion carried. Finance Director Cindy Shafer requested a special meeting before the end of the year for final adoption of this ordinance. Council scheduled a public hearing and final consideration on Monday, December 30, 1985 at 5 p.m. on first floor city hall. REOUEST FOR~3eD~CSNCES~ION,STAND Bill Drueding, building department, recommended Council reinforce the administrative policy memorandum of July 1982 on exterior uses, adding the sale of Christmas trees. Drueding pointed out the zoning code states that no commercial uses may be operating in the 25 percent open space requirement. The Code has been amended to allow restaurants to use open space for seating. Drueding said this proposed potato wagon will operate on the only open space at the corner of Hyman and Mill, but is not the same intent as a restaurant putting tables outside their property. Councilman Isaac said he would not want to see a proliferation of vending in open spaces around town. David Camp, applicant, presented a picture of the potato wagon he would like to operate on private property at the corner of Hyman and Mill. Camp told Council the agreement he has with the owner of the property is to operate until April 1st. The popcorn wagon will be moving to this location April 1st. Camp said he has worked out a base of operations with the Village Pantry. Steve Burstein, planning office, said they feel the administrative policy of July 1982 is in effect and it would exclude this operation. Assistant City Manager Mitchell said Council had decided to handle these requests on a case by case basis. Councilwoman Fallin said she would like to see more detail, where the toppings for the potatoes would be, and setaing, etc. 12 Regular Meeting- ....... Aspen City Council December 9, 1985 Mayor Stifling moved to amend the administrative policy dated July 28, 1982 in section 2, #2 that rafting companies and the s~les of Christ'mas-trees will be permitted to set up temporary structures on private property; seconded by Councilwoman Fallin. Mayor Stifling said this is a difficult issue, but his inclina- tion is to not open it up at this time. Mayor Stifling said because of the dear nature of restaurant space in downtown Aspen, it makes it more difficult for restaurants to operate year round. City Attorney Taddune told Council it is advisable not to expand on the administrative policy without changing the city code. All in favor, motion carried. REPERENDUM~TTT~ON City Clerk Koch reported to Council a petition with 396 signa- tures was submitted to the clerk's office. The form and content of the petition meets the requirements of the Charter. A referendum petition to recall Ordinance #47, Series of 1985, needs 271 valid signatures, and 286 were certified as valid. Ms. Koch told Council Ordinance #47 was published October 24, 1985, and became effective November 1, 1985. The city attorney advised the petition should be turned in 30 days after it became effective, and the petition was turned into the city clerk's office November 27, which was within the time frame. City Attorney Taddune told Council case law requires a liberal construction of the Charter in cases of referendum petitions. Taddune said using a liberal analysis the words adopted should be 30 days after the effective date of the ordinance. Taddune said the Charter provides on second reading that an ordinance is approved, not necessarily adopted. Taddune said taking a liberal stance the 30 days should be construed to run 30 days after the effective date of the ordinance. Council asked when Ordinance #47 was adopted. Ms. Koch said it was adopted on second reading September 23, and some inserted language was discussed October 15. The ordinance was not published until October 24. Councilman Isaac said the citizens made an effort to get the petition in on time, and Council should view the petition as being legal. Mayor Stirling agreed this should be liberally construed. Councilman Collins said he does not have a problem with the petition, but is concerned about using language out of the Charter and getting two meanings out of it. Taddune told Council this ordinance was not published for a number of weeks after final approval. There is a requirement in the Charter that an ordinance which is amended on second reading be published. The reason for the publication requirement is to give the electors an ability to see what the Council has finally 13 Regular-Meeting ......... Aspen City Council December 9. 1985 enacted. The 30 day period allows the electorate the ability to get a referendum petition together. Taddune said in this ordinance there was some confusion about the final language. Taddune advised Council to assume the petition is valid, and that Ordinance #47 be determined to be suspended. Mayor Stifling said the Charter is clear that the Council has two choices; to rescind Ordinance ~47, 1985, which has to be done by 3/4 majority of the Council, or to schedule a special election within 90 days at a cost of $600 to $750. Mayor Stifling told Council the city attorney has suggested another alternative, which is to amend Ordinance #47 with the permission of the petitioners' committee, as the referendum petition would have to be withdrawn. Sally Roach, petitioners' committee, told Council she is not inclined to withdraw the petition and would rather see the Ordinance repealed. Mayor Stirling said another alternative is that the Council could schedule an election, and discuss how this ordinance may be amended, and the election could be cancelled 15 days before the election. Taddune pointed out the Charter anticipates minor language changes in initiative petitions, but not for referendum petitions. Taddune said the Charter does not prescribe how much time Council has to act upon the petition but does state Council has to call a special election between 30 and 90 days of the final vote on the petition. Mayor Stirling recommended a final decision be tabled until December 16th so that all 5 Councilmembers will be present. Mayor Stifling said based on the strength of this petition, Council ought to rescind Ordinance #47, Series of 1985. Then Council should immediately implement a dramatic, active volunteer program. Mayor Stifling said there is no question that Aspen has an air pollution problem, especially during the winter. Mayor Stifling suggested eliminating the ordinance and appealing to the community to assist in this problem. Mayor Stifling said the Council has contracted with the Colorado department of highways to handle the road maintenance on highway 82 within the city, and washed gravel will be used on highway 82, which will eliminate some dust problems. Mayor Stifling said he feels Ordinance #47 was too strong in monitoring what should be done in people's homes. Mayor Stifling said there is a long standing tradition of fireplaces, and the symbolic value of fireplaces is very important. Mayor Stirling said the Council should work with the CAAB, the environmental health department, the Aspen Resort Association, and the peti- tioners' committee to work on a vigorous volunteer program. There would have to be cooperation with the media, working with the lodge association and property managers. 14 Re~u4ar-Meet-irrg ......... /~spen Cit~ Council December 9, 1985 Mayor Stifling moved to table final determination on Ordinance #47, Series of 1985, until December 16, 1985; seconded by Councilwoman Fallin. Councilman Isaac suggested a meeting before the next Council meeting with the petitioners' committee to discuss specific alternatives to see if there could be a proposal to present at the next Council meeting. Sally Roach said the petitioners' committee would be glad to have a meeting. Citizens against Ordinance #47 have been collecting a lot of data from around the country. Ms. Roach said the public is overwhelmingly against this ordinance. Francis Whitaker told Council many of the things that have made Aspen an attractive place to live in, are being lost. Some of the more obvious are traffic lights, rush hour, no place to park. Whitaker told Council he comes into town about 7:30 am. and the blue cloud is there already; it's not from fireplaces at that time. Whitaker said the RFTA buses trail plumes of smoke. Whitaker said picking on fireplaces is picking on the wrong source of pollution. Rick Lindner said everyone present is concerned about the loss of rights of property owners. Lindner said 85 percent of the condominiums are owned by out-of-town residents, who own property and pay property taxes. None of these property owners have been made aware of this ordinance, and if allowed to vote would most likely vote against it. All in favor, motion carried. W-HEEIrER -RA~]~--INC-R]]ASE~ City Manager Schilling said this rate increase is to cover the increased costs of operation. This rate increase is 10 percent, has been reviewed by the Wheeler Board, who voted unanimously for this increase. Councilwoman Fallin said even this is a nominal increase, it raises the rates for the non-profit groups who then come back to the city for additional money at budget time. Councilwoman Fallin asked this be returned to the board to have different rates for the profit and non-profit groups. Schilling recommended the Council receive more thorough documentation. Mayor Stifling pointed out a 10 percent increase is twice inflation rates, and the Council does make substantial subsidies to the non-profit groups. Councilman Isaac pointed out the Wheeler set their rates low when they opened to encourage local groups to use the theatre. Councilman Isaac said he would like to see how these rates compare to other theatre's rates. CORTI~A- CrMP -E~X~M~3~IOI~/CONDOMINIUMIT. AT ION 15 Regular Meeting .............. Aspen City Council December 9~ 1985 Councilman Collins left Chambers due to a conflict of interest. Steve Burstein, planning office, told Council this application is to use the Cortina lodge units for employee housing for both the Jerome and the Aspen Club Lodge (formerly Woodstone). This is zoned L-3, which permits employee housing associated with lodges. This is a change in use from lodge to residential, as well as a request for condominiumization. Burstein said 4 of the 17 units would be used to satisfy the Woodstone employee housing obligations, and 7 units would be used for the Hotel Jerome. The remaining 6 units would be deed restricted at the low income guidelines and would be retained for future employee housing commitments. Burstein presented a chart on comparisons of previous employee housing and this application. There are some shortages in the number of bedrooms for the Hotel Jerome and square footages for the Woodstone. Burstein told Council this is a dormitory concept. The housing authority looked at this application and recommended approval, as did the P & Z. The planning office suggests that 2 more bedrooms ought to be deed restricted for the Hotel Jerome, using the housing authority's figure of 1.25 employees housed per bedroom. Burstein said the 6 month rental provision should not be applied as it is not appropriate for an employee dormitory. Dick Butera, applicant, told Council they have been in this process since August, went through an elaborate process with the housing authority. The housing authority liked this plan because of the proximity to the Hotel Jerome and because they are anxious to get some dormitory-type employee housing, and the rates are very reasonable. Butera said in the adopted dormitory guidelines, it requires 1 kitchen for every 12 employees and 1 bathroom for every 6 employees. This proposal has 1 kitchen and 1 bathroom for every 2 beds. Butera said he feels they have addressed the quality of life for the employees in this applica- tion. Butera told Council the minimum square footage per employee in the guidelines is 150 square feet, and they have provided 155 square feet. Butera said there are 6 units left over at the Cortina. The planning office asked the applicant if they would deed restrict these 6 units, which the applicant is not required to do, as the planning office does not want a mixed project. Butera agreed to deed restrict them if the units can be used as employee housing for future projects. Butera quoted from a planning office memorandum in August 1981, when John Gilmore originally applied for the Hotel Jerome approvals. The memorandum points out there will be an increase of 15 employees and asked the applicant to house 15 employees. Butera said Council does not usually request an applicant to house 100 percent of the employees. Butera said 16 Regular. Meeting ........... Aspen City Council December 9~ 1985 they agree to house 15 employees but do not agree to house 4 more employees. Butera said they exceed the employee housing guidelines, and they have been working on this for 4 months. Butera said the agreement calls for 15 bedrooms, but at that time, there was no dormitory guidelines. Butera said he does not feel the arguments for 2 more bedrooms are not justified. Jim Curtis, housing authority, said the dormitory concept evolved at the direction of the Council. Curtis pointed out employee housing has been built to deal with certain segments of employees, but the community has not been able to address the service-type employee on a seasonal basis. Curtis said he feels dormitories are the answer, and the Cortina plans on charging $90 a month. Curtis said at the present time the housing authority deals in bodies rather than in bedrooms. Curtis said this proposal for the Cortina is exactly what the housing authority has been looking for. Doug Carlson presented the layout of the Cortina for the employee units. Carlson told Council in addition to the Cortina, 4 employees will be housed at the Hotel Jerome as well as 1 unit at the Woodstone. Butera said he objects only to providing 4 more beds at the Cortina, because there is no evidence for that request. Butera said he is willing to deed restrict the entire project leaving 6 units to be used for future projects; these will be rented to employees in the interim. This employee housing requirement is for the new Hotel Jerome. Mayor Stirling moved to approve the requested change in use subject to the conditions 1 through 4 in the planning office memorandum of December 9, 1985; seconded by Councilwoman Fallin. Burstein told Council the original Hotel Jerome PUD agreement requests 15 bedrooms, and the interpretation of that was that 15 bedrooms would probably house more than 1 employee in each bedroom. That is the reason for the request to house 4 more employees. Mayor Stifling said that is the traditional approach but does not address seasonal employees. Mayor Stifling said he would be willing to accept the recommendation of P & Z. Perry Harvey told Council the original agreement was to take care of 15 employees. Councilwoman Fallin said she feels this proposal is better than bedrooms as it can be rented at a much lower rate. City Manager Schilling said the city's planning process is convoluted enough. The city does contribute to the housing authority as an agency of the city, and perhaps everyone would profit from designating a single agency to determine whether or not compliance with housing requirements are satisfied. Butera agreed it is difficult and time consuming to go through the various levels of government. 17 Reqular Meet~ing Aspen City Council December 9, 1985 All in favor, motion carried. Mayor Stirling moved to approve the requested subdivision exception for the purpose of condominiumization subject to the 6 conditions in the planning office memorandum of December 9, 1985; seconded by Councilman Isaac. Councilman Isaac asked why the applicant wants to condominiumize the project. Carlson said they need to be able to identify the 6 units for future projects. Andy Hecht told Council there may be 3 separate entitities contributing to the financing of the project. These units will all be deed restricted for rental use. Taddune said the statement of subdivision exception should be subject to~his approval. Mayor Stifling amended his motion to include this should be subject to the approval of the city attorney; seconded by Councilman Isaac. All in favor, motion carried. HOTEI~ JEROME~ESUEST-FOR,WORK SESSION Perry Harvey said the applicants would like to go over the existing approvals. Harvey told Council, because the Hotel Jerome is listed on the National Register, the National Park Service has told them they will accept an addition in concept but not as designed. Some of the facade design will have to be amended; the annex is an integral part oE the project and cannot be removed. The applicants would like to go over their concep- tual designs. Dick Butera said they would like to complete the plans so they can break ground in the spring. Butera told Council they are not asking for more space, they just need approval of their design work. Council scheduled the work session for Monday February 3 at 5 p.m. at City Hall. Council suggested that the P & Z be invited. CONSENT eA~ENDAR Councilwoman Fallin moved to approve the consent calendar; seconded by Councilman Isaac. The consent calendar is liquor license renewals - Little Annie's; Mother Lode; Pour la France; and Little Nell's; Liquor License Transfer Aspen Mine Company. All in favor, motion carried. Regular-Meetin~ ........ Aspen City Council December 9. 1985 M~YOR'~ COMMEN~t~ 1. Mayor Stifling said Council is meeting next Monday, December 16, 1985 as their regular meeting, starting a 4 p.m. with the County Commissioners on the RFTA budget. 2. There will be a work session January 6, 1986, starting at 4 p.m. with the Fire District Board, and with the County Commissio- ners from 5 p.m. to 7 p.m. 3. Mayor Stirling said January 10, 1986, at the Aspen Club, there will be a goals session starting at 1 p.m. 4. Mayor Stifling said Council has scheduled a work session January 20th with the Code Simplification task force. This will be held at city hall. 5. Mayor Stifling said John Musick wants to address Council about a water rights case. Mayor Stifling scheduled this on the January 13, 1986, regular agenda. 6. Mayor Stifling said the architects are ready to report to Council on city hall renovation. This has to be done in January. 7. Mayor Stirling requested staff follow up on the capital improvements report, perhaps to be scheudled on the first meeting in January. CO~NC}LMEMB~R--COM~NTS 1. Councilman Isaac reported he has discussed joining the financial departments of the city and county with the finance director. The city finance director feels things are going well without having to hire an outside consultant. 2. Councilman Isaac said Council received a letter from the Department of Interior, who is having a meeting on the Frying Pan/Arkansas project. Councilman Isaac said he would like someone representing the city be present. City Manager Schilling said someone from John Musick's office will attend. 3. Councilman Isaac said he would like to know what the financing possibilities for the Volk property are, what the cost is, getting citizens involved. Mayor Stifling agreed there is a lot of community interest in the purchase of the Yolk property. Mayor Stifling said only one Councilperson has the purchase of the Yolk property high on their priority list. Requ}&r Meeting ...... Aspen City Counc~ December 9, 1985 Councilman Isaac moved to direct the staff to approach Mr. Volk and see if he is willing to consider a long term pay out and to moresclosely identify the price; seconded by Mayor Stifling. Councilwoman Fallin stated she has a conflict of interest. All in favor, motion carried. Mayor Stifling directed staff to allocate money in 1985 for a verbal opinion of value, rather than an appraisal, by the first meeting in January. 4. Councilman Collins said the Nordic Council is putting signs on the trails indicating "No Dogs". Councilman Collins asked who authorized these signs. City Manager Schilling said he would check into this and report back. Councilman Collins said last year dogs were allowed up Independence Pass and on the Rio Grande trail. 5. Councilwoman Fallin said she has talked to the school district about participating financially in covering the Moore pool. The school district's money for 1986 is committed to the addition for the school. Councilwoman Fallin told Council the school district would be willing to participate in 1987 but would like more facts about this. Mayor Stifling suggested a joint meeting with the school board to discuss this issue. 6. Councilwoman Fallin said there is legislation from the COG Board about sales tax and use tax in unincorporated areas so that some county's can collect tax in the unincorporated areas. Councilwoman Fallin moved to adjourn at 8:20 p.m.; seconded by Councilman Isaac. All in favor, motion carried. City Clerk Regular Meeting Aspen City Council December 9, 1985 TABLE OF CONTENTS December 9, 1985 Joint Meeting With County Commissioners. 1 Roaring Fork Transit Agency 1986 Budget. 1 COMMENDING JAMES B. HOLLAND . 4 ORDINANCE #63, SERIES OF 1985 - Short Term Note Refinancing 6 ORDINANCE #64, SERIES OF 1985 - Bond Refunding 6 ORDINANCE #65, SERIES OF 1985 - Lease/Purchase Road Grader 7 ORDINANCE #66, SERIES OF 1985 - Appropriation/Road Grader 8 ORDINANCE #67, SERIES OF 1985 - Timeshare Amendments 8 ORDINANCE #68, SERIES OF 1985 - Land Use Application Fees 9 REQUEST FOR ENCROACHMENT - Brand Building 10 ORDINANCE #69, SERIES OF 1985 - Appropriations 10 REQUEST FOR FOOD CONCESSION STAND . 12 REFERENDUM PETITION 13 WHEELER RATE INCREASES 15 CORTINA GMP EXEMPTION/CONDOMINIUMIZATION . 16 HOTEL JEROME REQUEST FOR WORK SESSION 18