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HomeMy WebLinkAboutminutes.council.19811026JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Pro Tem Michael called the meeting to order with Councilmembers Collins, Knecht, Parry and Commissioners Blake, Klanderud and Child present. 1. Ruedi Hydropower Permit. City Manager Chapman told the Boards that this project is on a stiff time constraint. On September 28, 1981~ the Federal Energy Regulatory Commi- ssion awarded the preliminary permit for hYdropower development at Ruedi to the City and · Pitkin County. Chapman said the feasibility study on the Ruedi facility must be started by November 27, 1981.. Chapman said the Boards needs to do three things; commence the feasibility study; designate a liasOn officer to act on the City and Pitkin County's behalf; and file with the FERC at six month intervals, progress reports on the feasibility study. Chapman told the Boards that the notification of award did not come until the middle of October; therefore, immediate action is required to meet the November 27, 1981, deadline. This probably precludes the staff from going to engineering firms for RFPs. Chapman asked Bob McGregor, of Shaffer and Roland, who prepared the preliminary application, to update the studies and give a new cost estimate. Chapman asked for authority on the staff's part to prepare a contract with Shaffer and Roland to carry out the necessary feasibility studies for the application. Chapman said the Boards also need to discuss the alternative are for financing this endeavor. Shaffer and Roland's cost estimate is $223,000 for the next step. Chapman said the governments may investiage, at a later date, other sources of financing including private partners, state sources or the Ruedi Water and Power Authcrity. Chapman told the Boards that the city has ava~ilable funds to finance the feasibility study at that time. Commissioner Klanderud expressed concern that the city and Pitkin County had not been notified of this permit and that there is not time to solicit bids. John Musick explained that neither government received a copy of the permit and that he had discovered the award inadvertently. Musick said due to the time lapse and the number of agencies to be contacted, this project should not be delayed anyt further. Musick said that Shaffer and Roland has sufficient background in the general field and in on this partiCular project. This firm completed the pre-permit work which secure this permit Bob McDonald, Shaffer and Roland, told the Boards that Chapman asked them to prepare a proposal outlining the scope of work during and 18 month period, in which to prepare the final permit. This is where the total Of $223,000 comes in. McDonald said he recommended that the city and county proceed in stages. McDonald said the most important of these steps is defining the financing and the environmental feasibility of this project before the city and county get too deeply involVed. The first step is about six months and would cost $68,000; this is the feasibility step of the program. This step will allow the Boards to make a good long term decision. Musick said it is important to designate a staff office and project manager as liason with FERC and commence immediate discussions. Chapman told the Boards that in the original applications, the city and county had three years to do all this. For whatever reason, there is only 18 months to complete the necessary stUdies for the license. This permit is awarded to the city and county and is non-transferable. Councilman Knecht asked if the county pays for any of this. Chapman said right not all the funds come out of the city electric fund. If, and when, there are any profits, the electric fund will be repaid~] Chapman said the next step is to talk about alternative financing. This is a good tax shelter; the city and county need to find out if there is any interest in the market place. Harry Truscott asked how much cost in support on the part of the city and county this will be. ChaPman answered at this stage, it will be the city and county managers time and will be something less than 3 hours a week. If this proceeds to the actual awarding of a license, this will consume much more time. Truscott asked why other entities had not attempted to develop hydropower at Ruedi. Musick explained that federal regulations were amended under the Car~er administration, which made the development of hydropower more feasible than other energy sources. Commissioner Child moved to instruct staff to draft a contract with Shaffer and Roland to complete task one at $68,000 with the balance of the study to be completed upon determina- tion that the project is feasible; seconded by Councilman Parry. All in favor, motion carried. 2. A-95 Review~Projects as part of Governor Lamm's Jobs for Coloradoans. Councilman Parry introduced a proposal from the NWCCOG for the development of a Tri-State Energy Employment and Training Consortium. The proposal would make operational a planning networ for energy-related training and a coordinated common data base for planning between Colorado, Utah and Wyoming. Councilman Parry said the NWCCOG recommended favorable commen but requested more detailed information on the program. City Personnel Director Patsy Malone told the Boards she had talked to COG and they have give a 30 day extension for the city and county to comment. Commissioner Child moved a no comment based upon inadequate information; ; seconded by Councilman C~llins. County manager Curt Stewart said the Boards might pass on as part of their comment that there is a responsibility for COG to get adequate information out so that the local governments can make a decision. The Boards requested this be part of the comments. All in favor, motion carried. 3. Housing Task Force Decision. Commissioner Klanderud said both Boards have agreed to establish a housing task force. The idea was to reassess the housing needs and and recommend a method for combining the efforts of city, county and Snowmass Village. This came out of the idea of making the housing office an independent housing authority, and should there be three separate ones or one housing authority. The recommended list of names for this body are Harry Truscott and Jim Johnson from Snowmass, John McBride, Joe Nazzarro, Peter Forsch, Brooke Peterson, Grif Smith and BoB Oden. Councilwoman Michael said this is a good idea. Councilwoman Michael said the data base should be updated. Councilwoman Michael is particularly interested in getting into the subject of independent housing authority versus three separate entities. Councilwoman Michael suggested that one member from each Board meet with Truscott and housing director Jim Hamilton and draft a policy for the task force. Commissioner Klanderud said there has been some work done on the legal research and Truscott has presented ideas based on state statutes as to how a housing authority might operate and what the proposed budget might be. Councilmember Michael and Knecht and Commissioner Klanderud agree to work with the housing office on getting this task force started. COUNCIL MEETING CITIZEN PARTICIPATION 1. Gideon Kaufman said that Resolution #51, Series of 1981, is later on the agenda bout code compliance for lodges. Kaufman said he would like an opportunity to review this with the city attorney and bring it back to the next meeting. Councilman Parry moved to table Resolution #51, Series of 1981, until November 9, 1981; seconded by Councilman Knecht. All in favor, motion carried. 2. Jere Rood, Job Service Center, told Council he was soliciting funds to stay in busines~ and would like to stay in the trOlley car. Rood told Council an individual paid for the telephone installation and the phone bill for six months. Rood told Council he had placed 126 people in jobs. Rood s~id he is very pleased with the job service center and will report at the next Council meeting. COUNCILMEMBER COMMENTS 1. Councilman Knecht said the Council has finished the Wheeler and the Plum Tree. He wou] ~ like for Council to take an entire day and talk about the future direction of Council. Some of the items to be discussed are the marketing approach, dual growth rate, capital improvements and equipment replacement programs. Councilwoman Michael said she thought this is a good idea and should be done every so often. Council asked City Manage Chapman to set this up. 2. Councilman Parry moved to put on the agenda an ordinance to abolish the police pension fund; seconded by Councilman Collins. All in favor, motion carried. City Attorney Taddune told Council this ordinance amends the present plan to allow the existing members to withdraw from the city plan and enroll in the state plan. 3. Councilwoman Michael said the pictures of historic Aspen added to the Council Chambers are beautiful and shape up an ugly wall. EMPLOYEE HOUSING GUIDELINES Jim Hamilton, housing director, passed Out the employee housing guidelines that were adopted by the Council. The employee housing guidelines were established in 1978 to allow affordable housing to qualified employees. It became apparent that if the guidelines were allowed to continue to appreciate at the cpi, this had no bearing on what the employeE: could afford to pay for units. Hamilton told Council they did an employee survey and could see trends being established in terms of affordability, wage increases, overcrowding, and moving down valley, which is increasing. As employee housing started to get away from employees, it did not make sense to have a program encourage this. Hamilton said he took out 10 per cent of the employees because they were not typical~ then divided the rest into equal 30 per cent categories. The Commissioners decided they wanted to house permanent work force, not seasonal people. There are two factors which make employee housing affordable; one is the cost per square foot and the other is the size of the unit. If housing is developed for low income people, it has to be afforable to low income people. This is done by restricting the size of the unit. Hamilton pointed out in the sales category, the affordability depends on the availability of financing and the interest rates. The intangibles have to be reviewed periodically. Councilman Parry said seasonal employees are very important for this town. Hamilton told Council they will have to decide who they want housed and when. Chapman said that affordability is the most important part of the housing consideration, and this cannot be attainted with the cpi consideration. Mark Danielsen pointed out this resolution reduces the rental and sales prices for 1982 from the ones set for 1981 and this seems inconsisten~ with the economic patterns. Danielsen said the Council should be cautious in doing this as it will force developers not to supply housing. Jim Hamilton said in middle income guidelines the developer is donating land; in moderate income, the developer is donating land and infra structure; in low income, they are sub- sidizing every fourth stud. Hamilton said in making these guidelines, they looked at what was affordable to employees, not the developer's cost. These guidelines reflect affordability and reflect the reliance upon the developer to market his product. Councilman Parry requested that the minimum/maximum size on studios be changed to 300 to 600 feet. Council agreed. square Councilman Knecht moved to direct staff to prepare employee housing guidelines based on the county's resolution 81-44 and include the size of studios to 300 to 600 square feet; seconded by Councilman Parry. All in f~vor, motion carried. ORDINANCE #62, SERIES OF 1981 Occupation Tax City Attorney Taddune told Council in the past, the City has attached a business license fee on businesses and a separate occupation tax on liquor licensed establishments. The occupation tax is a revenue generating function and is separate from business license fees Mayor Pro Tem Michael pointed out this ordinance sets an occupation tax at $50.00 for every business in town. Councilman Collins said he would like to see the whole picture this ordinance along with the liquor license occupation tax ordinance. Councilman Collins moved to table Ordinance ~62, Series of 1981; seconded by Councilman Knecht. City Manager Chapman told Council the staff started on this process two months ago. The attorney's office has had some problems with the way the ordinance was originally drafted. Chapman said this is the time of the year for renewal of business licenses and the staff and businesses need to know what the fees will be. Councilman Parry asked about part of the fee going to the Commercial Core and Lodging Commission for downtown beautification. Tom Iacono told Council said he feels the occupation tax that is levied on liquor licensed establishments to be discriminatory. The increase in business tax will only be from $25 to $50, and the city is anticipating increasing the liquor license tax from $300 to $500 seems to be extreme. Chapman said the $10 per month per business for the CCLC was a good idea; however, he did not feel the Council gave staff any specific direction on this. Councilman Parry proposed an assessment of $10 per month per business to be split $5 for the city and $5 for central core beautifiCation. Council agreed with the concept. All in favor, with the exception of Mayor Pro Tem Michael. Motion carried. Chapman said the staff will redraft the ordinance with an assessment for the beautifica- tion of the central core. RESOLUTION SETTING SPECIAL ELECTION City Attorney Taddune told Council the bond counsel had not had a chance to look at the question so this will not be addressed. SLEIGH RIDES ON GOLF COURSE Bob and Dorothy Goode were present. Mayor Pro Tem Michael said Council was given this proposal a year ago; however, there was not enough snow to do this. Jim Holland will monitor this and the Goodes will not get on the course until the snow is deep enough so that there will be no damage to the golf course. The Goodes will pay $100 for the privelege. Councilman Parry moved to authorize Heatherbed Stables to operate horse sleigh rides at the city golf course during the 1981-82 winter season at a price of $100 per week; seconde~ by Councilman Collins. Councilman Collins asked if there were any problems with the cross country track. Chapman told Council these are two separate tracks. All in favor, motion carried. RESOLUTION #52. SERIES OF 1981 - Coloradoans for Recycling Councilman Knecht moved to read Resolution #52, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION 952 (Series of 1981) A RESOLUTION ENDORSING REFUNDABLE DEPOSIT LEGISLATION AND THE EFFORTS OF COLORADOANS FOR RECYCLING TO PLACE AN INITIATIVE ON THE NOVEMBER 1982 GENERAL ELECTION BALLOT THAT WOULD REQUIRE ALL BEER AND SOFT DRINK BOTTLES AND CANS TO CARRY A REFUNDABLE DEPOSIT AND BE REFILLED OR RECYCLED was read by the city clerk Councilman Knecht moved to adopt Resolution ~52, Series of 1981; seconded by Councilman Collins. All in favor, with the exception of Councilman Parry. Motion carried. SUBDIVISION EXCEPTION - Otte/Melton Mike Otte told Council this is located at 135 West Main street and the subdivision excep- tion is for the purposes of condominiumization. Councilman Knecht moved to approve subdivision exception for Otte/Melton with with building department and engineering department comments in the planning office memorandum of October 26, 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~72, SERIES OF 1981 - Annexing Ute Park Councilman Parry moved to read Ordinance #72, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #72 (Series of 1981) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE UTE CHILDREN'S PARK LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk ~egu±ar l~eetlng Aspen ulty uouncli OctoDer 2~, 19~1 Councilman Parry moved to adopt Ordinance #72, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE #73, SERIES OF 1981 - Water Management Appropriation Ron Mitchell told Council this appropriates additional money to carry the water management project through the end of the year. Councilman Knecht moved to read Ordinance #73, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #73 (Series of 1981) AN ORDINANCE~APPROPRIATING $832,000 FROM CURRENT YEAR UNAPPROPRIATED WATER FUND REVENUES FOR THE WATER MANAGEMENT PROGRAM AND RECOGNIZING UNANTICIPATED REVENUES OF $11,000 IN THE WATER FUND was read by the city clerk Councilman Knecht moved to adopt Ordinance #73, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE #74, SERIES OF 1981 - Mall Bricks appropriations Councilman Knecht moved to read Ordinance ~74, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #74 (Series of 1981) AN ORDINANCE APPROPRIATING ~17,630 FROM CURRENT YEAR UNAPPROPRIATED REVENUES IN THE LAND FUND FOR PREVIOUSLY PURCHASE MALL BRICKS TO BE USED BY CITY BUSINESSES was read by the city clerk Councilman Parry moved to adopt Ordinance #74, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, aye; Mayor Pro Tem Michael, aye. Motion carried. RESOLUTION #53, SERIES OF 1981 - Certifying the Mill Levy Ron Mithcetl told Council the mill levy has to be certified to the county by November 1st of each year. The mill levy is the same as last year and is the amount that was discussed in the five financial year plan. Councilman Parry moved to read Resolution 953, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION #53 (Series of 1981) WHEREAS, the City Manager, designated by Charter to prepare the budget has submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado for the fiscal year beginning Jan~uary 1, 1982, and ending December 31, 1982; and WHEREAS, the assessed valuation of taxable property for the year 1981 in the City of Aspen returned by the County Assessor of Pitkin Council is the sum of SIXTY SIX MILLION, THREE HUNDRED SIXTY THOUSAND SEVEN HUNDRED SEVENTY ($66,360,770) DOLLARS; and WHEREAS, the City council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the CitY shall be that determined by the Councty Assessor sufficient to produce ad valorem tax proceeds in the amount of THREE HUNDRED FIFTEEN THOUSAND, TWO HUNDRED FOURTEEN ($315,214) DOLLARS: WHEREAS, the City Council has determined the use of the ad valorem tax procees to be as follows: General operating expenses ONE HUNDRED EIGHT THREE THOUSAND TWO HUNDRED THIRTY FOUR ($183,234) Debt Retirement ONE HUNDRED THIRTY ONE THOUSAND, NINE HUNDRED EIGHT ($131,980) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That for the purpose of defraying the expenses of the City of Aspen, Colorad during the fiscal year beginning January 1, 1982, and ending December 31, 1982, there is hereby levied a tax on said dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado, for the purpose of raising the sum of $315,214, which together with the Fund Balance and revenue from all other sources, is estimated to meet budget expenditure requirements and provide a reasonable closing Fund Balance for said fiscal year was read by the city clerk Councilman Knecht moved to adopt Resolution ~53, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~76, SERIES OF 1981 - Police Pension Councilman Parry moved to read Ordinance ~76, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~76 (Series of 1981) AN ORDINAtqCE AMENDING ASPEN POLICEMEN'S RETIREMENT PLAN SO AS TO ALLOW CURRENT MEMBERS WITH WITHDRAW FROM THE PLAN AND RECEIVE A REFUND OF PAID-IN CONTRIBUTIONS was read by the city clerk Councilman Parry moved to adopt Ordinance 976, Series of 1981; on first reading; seconded by Councilman Knecht. City Attorney Taddune explained this is a two step process; the first step to allow the withdrawal of all existing members in the lOcal plan, then disband the fund altogether. The state legislature provides that if a governing body determins by resolution there are no members qualified under the plan, the local plan can be disbanded. Taddune told Council that after 1978, the state required all new police members to join the state fund rather than the local fund. There are only four members in the local plan, the rest are in the state fund. City Manager Chapman said the state plan is a much better plan. The local plan does not pay any interest. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. FOREST SERVICE RE: BURNT MOUNTAIN Mayor Pro Tem Michael said she received a letter from the forest service advising the city the forest service will begin an environmental study of Burnt Mountain. The Aspen Skiing Company has agreed to pay for the environmental study to be done through an independent consultant under the direct supervision of the forest service. Mayor Pro Tem Michael said the forest service is asking the city to appoint someone to review this environmental study. City Manager Chapman said someone from the planning office should be appointed; the staff will have to look at the work program to see who can handle it. Councilman Parry said would this staff person be representing both the city and county. Chapman said the county will not participate in this because it does not comply with the original agreement. ORDINANCE ~57, SERIES OF 1981 - Historic Sites Designation Mayor Pro Tem Michael opened the public hearing and stated none of these designations has been contested. Colette Penne, planning office, told Council these are requested historic designations. Ms. Penne said she has all the exceptional and excellent properties tied up in the historic designation process. There are 225 notable structures left to deal with. Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to adopt Ordinance ~57, Series of 1981, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE #63, SERIES OF 1981 - Saab Leases City Attorney Taddune requested this be tabled because another car has been added and Saab has not commented on the lease. Councilman Parry moved to table Ordinance ~63, Series of 1981, to November 9, 1981; seconded by Councilman Collins. All in favor~ motion carried. ORDINANCE #66, SERIES OF 1981 - Residential GME Mayor Pro Tem Michael opened the public hearing. Alan Richman, planning department, reminded Council they had a study session on this ordinance and the memorandum from the planning office talks about the four areas of concern and requested changes. The first is to change the minimum size requirement for dwelling units; this was dropped to 300 square feet minimum. Also the number of the minimum square footage will be changed to be consistent with the county minimum square footage. Richman said the way employee housing has been reviewed in the GMP is to look at the number of employee bedrooms and the number of employee floor area and to compare that with free market floor area. The lesser of the two ratios, FAR or Bedrooms, is how an applicant get points. The proposal on this is to relate the size of the employee units to free market units and come up with a ratio. The ratio suggested is that the employee units be at least 25 per cent the size of free market units and use the minimum size guidelines. Richman said this approach may restrict applicants to the same mix of employee to free market units. Richman suggested relating the size of all free market units to the size of all employee units. Richman said a developer will have to provide half for employee units of what they provided for free market; it will be 2 to 1 on the whole site. Richman told Council the way the employee housing guidelines are written suggests that certain types of units are more desirable in certain years than others, based on the employee housing survey and affordability. Richman said thisordinance needs language to reflect that an applicant will only get points in the GMP if he provides a mix of units that the employee housing survey indicates. 3183 Regular Meeting Aspen City Co~cil October 26, 1981 Sunny Vann, planning director, explained to Council that the housing director must find on a proposed application that the e~loyee housing mix and units currently falls within the need existing at that time. Vann said it is the staff's responsibility to tell an applicant what mix and type of unit is marketable; this is one reason for the city to get involved in what the demand is at the current time. Vann said the language is flexible enough so that it is not mandatory an applicant build a certain type of housing. Richman told Council this ordinance has reduced personal discretion. They have reduced the bonus points by not giving points reiated to employee housing from 15 points to 7 points. P & Z wants to have some say in how they will reduce their own discretion. The planning office would like to hold this language and make recommendations at a later date. Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to adopt Ordinance #66, Series of 1981, amending page seven to change the minimum square footage from 400 to 300 square feet; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, nay; Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. CONSENT AGENDA Councilman Parry moved to,approve the consent agenda; seconded by Councilman Knecht. The consent agenda was (1) Special Event Permit - Aspen Junior Hockey and Skating; (2) Liquor License Renewals - Souper; Hickory House, Mother Lodge; Cooper Street Pier, Eagle's Club and Crossroads Drug; (3) Request for expansion - Magnifico Liquors. All in favor, motion carried. Councilman Parry moved to adjourn at 8:15 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn ~. Koch, City Clerk