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HomeMy WebLinkAboutminutes.council.19821227Regular Meeting Aspen City Council December 27, 1982 Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Knecht, Michael, Collins and Parry present. CITIZEN PARTICIPATION 1. Elaine Johnson ~old Council her car was towed on the 15th of December, 1982, at 6:45 a.m. Ms. Johnson said she was at O'Leary's and tried to start her car for one-half hour. Ms. Johnson called the police station and explained that. She came with a friend to tow her car and it was already gone. Ms. Johnson said it cost her $44 to pick the car up, and the police had her phone number and no one bothered to call her. Mayor Edel asked the City Manager, Wayne Chapman, to follow up on this. 2. Nick Coates said he could not be present for the discussion of the Resort Tax at 7 p.m. Coates also stated that he would not be present on January 10th when Council will vote on the second reading. Coates has had two meetings with Tom Blake and sent out a letter to the condominium owners, the majority of whon would be affected by 5his ordinance. Coates said the condominium owners are very concerned about the effect of this ordinance and what it will do to them financially. The general feeling is that they are not opposed to a resort association per se, but what they are opposed to are the inequities and the funding of the association. The condominium owners don't have a vote but they have a big influence on the community. Coates said he feels the worst thing that the Council can do is pass something that would give condominium owners the impression that Aspen doesn't care about them. Unless the funding is changed substantially, it would cost $500 for a two-bedroom condominium. Coates said if you look at that fee as compared to what other businesses pay, the whole funding has fallen on the condominium owner. Coates said the condominium owners don't mind paying a little more than their share, but paying the vast majority of it is grossly inequitable. Coates would like Council to find a funding mechanism that ~s more fair for everyone. Mayor Edel said that from the very first, Council has said to the people who were proposing the Resort Association to come forth wi~h a consensus of the business community and Council will go to the people to vote on it. Mayor Edel said that none of the specifics of this proposal has come from Council. Coates said that there is no consensus ~n the business community ~egu±ar meeting Aspen Caty Counca± December 2/, 1~2 on some of this. Coates said if there was a vote by units, they would be overwhelmingly against this proposal. Mayor Edel said he hoped that the business community would have gotten together to jointly express an opinion. Coates said he has tried and has been told that this is the best that can be done because this is what will sell. Councilwoman Michael asked Coates if he was able to sit down with the Resort Association people and come up with something. Coates said, yes, and was told that their formula would not work. Mayor Edel said he would later bring up the point that Coates suggested and see what the answer is. COUNCILMEMBER COMMENTS 1. Councilman Parry said that a new pole was put in at Cemetery Lane and Alta Vista this past summer and they took the street light off. It is very difficult to see where this intersection is. Councilman Parry asked City Manager Chapman to check into it. 2. Councilwoman Michael asked how the traffic light is working. Jay Hammond, engineering department, said they turned the other two intersection ~to a right-turn-on-red, the pedestrian sequences on Monarch and Aspen are now with the green but Hammond said the syncronizataon is not working properly. Jeff Sachs said that at the corner of Bleeker and Mill there is no pedestrain corsswalk. Sachs said that many people want to cross over Mill from Bleeker to go to the Courthouse and the traffic rips through Mill street. Sachs said that further down Mill street, there is an unsignaled pedestrian crosswalk. Mayor Edel asked staff to investigate this. 3. Councilman Collins asked how the city is doing with the slush and ice on the Castle Creek bridge. Councilman Parry said it is just ~ne of those things that the city has to go back and clean up after the state goes over the bridge and gets ice and snow all over the sidewalk. 4. Mayor Edel said in reading the Denver Post yesterday, there was an article on an unfortunate family whose plane crashed en route to Aspen. The husband was killed and they have had many problems since then. Mayor Edel noted in one paragraph it said, "Mrs. Meeds said he husband had no life insurance. She had been trying for one year to get a refund of the $1700 deposit she sent. A spokesman for Hans Cantrup said Mrs. Meeks would get the refund early next year." Mayor Edel asked Council if they wanted to do anything about this or is there any legal basis. Assistant City Attorney Gary Esary said the city does no~ have any legal jurisdiction over this. Councilman Parry said the reason for a security deposit is so the people show up for the room. Councilman Parry felt it was only out of the goodness of their heart that lodge owners would refund because legally they do not have to. Council suggested writing a letter to the Woodstone noting this had come to Council's attention. CABLE TV FRANCHISE Assistant City Manager Ron Mitchell told Council the city is currently operating under a franchise with Canyon Cable which operates through September 1987. In the last six months to a year, Canyon Cable has expressed an interest in upgrading their system and operating their service. The staff has reviewed all the current information on cable television operations, to keep current with what is going on in the field. Mitchell told Council that in discussion with staff to determine the best way to proceed to renegotiate a franchise, the recommendation is for the Council to appoint an advisory cable TV committee to review this and make recommendations ~o the Council about hiring a technical consultant to advise the city and then to proceed with putting together a request for proposal that would go out to the industry to see what sorts of proposals the city would get. Based upon the responses, the Committee would make a recommendation to Council on which company or companiles would have the permit. Mitchell said with the anti-trust implications, this would best protect the city from anti- trust suits that would delay the process. There is a letter from Kelly Blommer of Canyon Cable an response to the memorandum, and Bloomer is present to answer any question. Councilwoman Michael said, in reading the correspondence, Canyon Cable is suggesting that legally, if the city looks at this as a renewal, then the anti-trust part can be gotten around. Councilwoman Michael said in the memorandum it looks as though the only way to avoid the anti-trust problem is to go out for the RFP. Mitchell told Council That they hame the least amount of exposure in proceeding that way. Jeff Sachs told Council this is not a renewal application but ~he first step to get to the application for renewal. Sachs said the city attorney wants more time to look at this. Sachs said that as he understands the new anti-trust development, it relates to exclusivity of franchise when you are kee~- lng somebody from competing. This license as a non-exclusive license where anybody can come in any day and apply to the City to compete tomorrow with the existing franchisee. Sachs agreed with Mitchell's comment that no matter what the city does, there is always a risk someone will try and challenge it. Chapman said there is one aspect for the staff's recommendation that weighs equally heavy, which is just not reducing the exposure of anti-trust, there is the quality product the city will received from the process. Chapman said the best way to assure what one is getting the best quality product is to actually be able to compare what any company would be willing to do. Chapman said unless an attempt is make to seek companies to make proposals, the city is operating with one notion in mind. Mayor Edel asked what it would cost for a technical consultant. Mitchell said the staff needs to determine what they want in an RFP. Sachs said Canyon Cable takes the position that they will be the city's technical consultant. Canyon Cable is the most intimately familiar with the technicalities that exist and what might be proposed to upgrade the system. Canyon Cable would volunteer to give the city all the technical consultant services available free from the Canyon Cable staff to put together at the preliminary stage that technical information. At th'at point, the city can hire a technicalI consultant at Canyon Cable's expense to come in and review the proposal independently to see whether or not what is prposed is correct and viable. Canyon Cable does not object to the city hiring a technical consultant before making any important decisions. Sachs told aspen ulty uouncl± ~ecemDer z/, Council he agreed with Mitchell's memorandum and recommendation but would like to do the process in a slightly different format. Canyon Cable would like to have the opportunity in the next couple of months ~o assemble the best technical information and give it to the city without paying someone else to do that. Sachs said if they proceed that way, the city can complete the first step so there is a package available in a couple of months for the advisory committee or a technical consultant. Mayor Edel said if the city hires somebody, it should be at the city's expense as they are working for the city. Sachs said it is his understanding in the state of the industry, that ons the city has a proposal coming in, that the custom in the industry ~s for the applicants to consider offering to reimburse the city for its technical consultant ~o review the proposal coming in. The city can avoid that expense, and it would be fair to ask this application, or anybody else, to pay for the city's technical consultant to review the applicant's package. Councilman Collins asked what upgradin~ the system would entail. Kelly Bloomer told Council it would involve rebuilding the system in its entirety. It is almost as if there is no system at all. They would build a new system while the existing system is still in place and then transfer from the old system to the new system. Canyon Cable would expand up to 18 to 22 channels. Councilman Knecht said he felt Canyon Cable has done a good job. Mitchell told Council if the city negotiates exclusively with Canyon Cable and even if the city'issues a non-exclusive franchise and extends and updates the permit to 10-15 years, this has the appearance that the city has excluded people from coming in and making abid. Sachs said he would like to get started on the process, have an advisory committee and schedule a work session with no further commitments than that. Councilwoman Michael moved to form a cable TV advisory committee to work with staff and bring recommendations back to Council; seconded-by Councilman Knecht. All in favor, motion carried. ORDINANCE ~52, SERIES OF 1982 - Time Share Alice Davis, planning office, told Council the attorneys have rewritten this ordinance to take care of the legal problems. Ms. Davis said she would go over the revisions that Council asked for to make sure Council is in agreement. The Council had asked the planning office to look into ways the city could further restrict timesharing and Ms. Davis has researched that. One change Council wanted was the r~ght ~o rescind, which was very straightforward. This was changed from 7 to 10 days. Another item Council ~anted addressed was packaging the off-season. Council had stressed it was ~mportant to sell the off-season weeks. The review criteria for ~his was expanded. Ms. Davis read "the marketing plans shall satisfactorily demonstrate that the off time share weeks are being packaged and put in the proposed packages that off-season periods Will be adequately marketed and sold." Mayor Edel said that the way to package off-season is to sell a high season week and sell a low season week. Ms. Davis said she wanted flexibility for the applications to show the city how they would package off-season because there are a lot of possibilities. Gideon Kaufman said if an applicant feels that he has a program for marketing the off-season, he can come forward and present Council with an alternative. Assistant City Attorney Gary Esary told Council they would need ~o define "off-season". Ms. Davis suggested adding a sentence that if an applicant can show a more desirable plan, they can present it to Council; however, this is at the sole discretion of Council. On the occupancy limitation, the Council was concerned with multiple owners in on a project and not maintaining the pride of ownership that might be hoped for. Legally, Ms. Davis said, it is difficult to limit the number of owners in a project but occupancy does have health and safety standards that the state provides, which is 200 square feet per person. There is an additional review criteria which states that the applicant must tell the city what the projected occupancy level is~ provide ~nsurance, state standards are met and maintained throughout the life of the project. Ms. Davis said they added into the project intruments to require that when there is a multiple ownership, that one person is desig- nated the managing angent and the spokeman. In an effort to ~nsure proper maintenance, Ms. Davis added another review criteria which requires that a minimum of four weeks per year be designated and set aside for maintenance and specifies that it be two weeks in the spring and two weeks in the fall. Mayor Edel asked if this was setting the city up for something that would be unenforceable. Councilman Parry said he felt that as long as this criteria is in the ordinance, people that are honest will abide and he had no objections to keeping it in. Ms. Davis next addressed required renovations, which are 30 per cent of the fair market value to be determined by an MAI appraisal. Councilman Parry asked what happens in cases where someone has already renovated. Ms. Davis said there is a section of the ordinance that allows one to be exempt from that if they can prove to Council they have either made the renovations in recent months or that renovations are not needed. Ms. Davis asked Council to consider elimination some wording on page 13 under the upgrading, in which the upgrading had to be done in the previous 24 months. Gideon Kaufman said the 24 months should be left out and have an applicant prove the Council that it was recent enough~ that there is no need for additional upgrading. Mayor Edel asked if there was any problems with that; Council responded no. ~ Bi-annual time share application reviews: Ms. Davis said, on Council's request, she put in that Council review twice a year all timeshare application, and January 15th and July 15th are the two best times as far as process. Councilwoman Michael asked why the ~planning office wanted to tie these to specific dates. Ms. Davis answered so that the planning office can review the cumulative effect. Councilwoman Michael said a lot of business plans do not work on set schedules and she does not want specific dates. Councilwoman Michael said she would rather review the general impact every year. Councilman said he did not want the dates either. Ms. Davis said staff thought of everything they could to make this restrictive as possible. If Council wants to take a more restricte approach, they could limit timeshare to the lodge district. Nick McGrath pointed out there will be very few applications for time- ~egu±ar Meeting Aspen City Councl± December 27, 19~2 share in the R/MF zone because only condominiums can apply in which there is 100 per cent mortgagees and owners who agree. McGrath said Council would not be innundated with projects in the R/MF. McGrath asked why since this was a mechanism for renovating and improving and for off-season business, why have it limited when the city doesn't know what the problem is. McGrath noted the language discretion that says time sharino shall be allowed in certain zones but only as to those structures for which short term rental ~s pr~ntly allowed, provided such use-would not adversely effect the public health and welfare. Council can deny any project under that language. Council agreed to start open and study the impacts. Mayor Edel opened the public hearing. Assistant City Attorney, Gary Esary, told Council the thrust of what the attorney's office is trying to do is tighten up the enforcement end of timesharing. There are two provisions that will make enfocement easier, to make sure that the disclosure statement makes it was into the timeshare instruments and into the record. There is an issue that has not been resolved and the ordinance as presented has both the city attorney's recommended language and the language of the timeshare committee. This has to do with whose responsibility it is for amendments and whether it is the homeowner's association or an individual owner. Kaufman pointed out a buyer or individual owners will assume that the homeowner's associa- tion will take care of amendments. A person who comes to Aspen two times is year is not going to want to follow up every year on what everyone is doing. Kaufman said the disclosure statements have to be updated every year, which is an unreasonable burden. Esary said they only have to be updated when there ~s a change. Kaufman said the homeowner's associa- tion should be liable; a person ~s not going to want to buy @ timeshare unit if he has to provie to Council he had no knowledge five years ago that the developer made a misrepre- sentation. Council went with the language of the timeshare committee. A1 Blomquist brought up .the giving of gifts or trips and said this cheapens a resort. Council suggested that any promotions or gifts must be presented to Council before approval. Council agreed. Mayor Edel closed the public hearing. Councilman Knecht stated he was voting no on this as he sees a problem in this idea and the city won't have any control on time sharing. Councilwoman Michael moved to adopt Ordinance ~52, Series of 1982, as amended, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Collins, nay; Knecht, nay; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~78, SERIES OF 1982 Occupation Tax/Aspen Resort Association Councilwoman Michael moved to read Ordinance ~78, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #78 (Series of 1982) AN ORDINANCE SUBJECT TO RATIFICATION BY VOTE OF THE PEOPLE PROVIDING FOR A NEW OCCUPATION TAX DISTINCT FROM AND IN ADDITION TO THE TAX IMPOSED BY ARTICLE V OF CHAPTER 21 OF THE MUNICIPAL CODE, WHICH NEW TAX, TO BE CALLED THE ASPEN RESORT SERVICES OCCUPATION TAX, IS DESIGNED TO RAISE REVENUE FOR MUNICIPAL APPROPRIATIONS MADE IN ACCORDANCE WITH, AMONG OTHER AUTHORITY, SECTION 31-15-901(1) (b) , C.R.S. 1973; DEDICATING REVENUES RAISED BY THE TAX TO THE ADVERTISING, PROMOTING, AND MARKETING OF THE BUSINESS, SCENIC AND RECREATIONAL ATTRACTIONS, THE NATURAL RESOURCES, AND THE SOCIAL AND EDUCATIONAL ADVANTAGES OF ASPEN; AUTHORIZING THE CITY OF ASPEN TO CONTRACT WITH A NON PROFIT GENERIC ASPEN RESPORT SERVICES ORGANIZATION TO PROVIDE SUCH ABOVE DESCRIBED RESORT SERVICES USING APPROPRIATIONS FROM REVENUES GENERATED BY THE NEW TAX; PROVIDING A THREE YEAR CEILING ON THE TAX RATE; SETTING FORTH REQUIREMENTS OF THE ORGANIZATION OF ANY ENTITY CONTRACTING WITH THE CITY HEREUNDER; PROVIDING FOR THE AMENDABILITY AND REPEALABILITY (ONLY WITH VOTER APPROVAL OF THE ORDINANCE; AMENDING SECTIONS 12-34 AND 12-58 OF THE MUNICIPAL CO~E FOR CONSISTENCY WITH THIS ORDINANCE; AND SETTING FORTH CIVIL AND CRIMINAL PENALTIES FOR THE VIOLATION THEREOF was read by the city clerk John Francis said his group is here ~n response to two things. One is perception by individuals in the community about the state of the tourist economy in general, and in response to local leading economic indicators that relate specifically to observations about the tourist economy in this community. These are things like occupancy, skier days, percentage of the market, other competition for the Colorado tourist and an observation of a general complacency within the business community in Aspen. The culmination of those observations by many people was a frustration in trying to get something organized. The Chamber of Commerce retained Francis and Tom Blake as resort resources to pull together the community and address some observations and frustrations. The ASpen Chamber of Commerce is the proponent of the issue before Council. Francis told Council the process to date has been the interviews of about 100 to 150 members of the community for their comments about how the community should pull together and things that the city and community should be doing. On September 20, Blake & Francis delivered to the Chamber executive committee a draft which was subsequently presented to Council for a new organization. This organization has a gross expenditure of $1,800,000. The majority of those funds would be raised through an anticiapted occupation tax within the city. The remainder of those revenues will come from contracts outside the city, such as the skiing companies. ~eguiar meeting Aspen City Council December 27, 1982 Blake said what he wanted to do with the program was to replicate the organizations that Aspen is in competition with. These are three elements that are important. One is a secured funding source; the second is a succinct decision making process; the third is the mechanical things to make Aspen competition. The hardest part of the program is the funding. Blake and Francis tested 30 different sources of funding against the money raised, the administrative problems associated, and the legal and equity problems. Blake finally came up with a business license tax that would be imposed on the different elements of the community as indicated in the ordinance. Blake said the information he received from the lodging and condominium community was such that they wanted to be taxed as a unit; they are both assessed on a per unit basis. Blake said there will be a Board of Directors to administer the budget and the program. The Board will be made up of one representative from the different classes outlined; 1 Councilmember, 2 lodge members, 2 condominium members, 2 retail/restaurant members. Councilman Parry said that any business in this town, i.e. restaurant, ski shop, makes a certain gross and net. If a person has a 30 room lodge, it would be assessed about $7,000, whereas a ski shop or liquor store would be assessed a little over $300 depending upon employees. They both have the same net, yet one has to pay two or three times as much in dues. Francis said the equity is a major problems they have run into; part of the equity problems is that reservations are a direct service to condominiums and lodges; they are less of a direct benefit to the retail community. Blake said what Council sees in this ordinances is the result of negotiations with sections of the community. Tom Clark pointed out in measuring the equity question, one needs to look at what one person gets as opposed to another person. Clark said is it worth $7,000 to a 35 room lodge to get two more nights in each lodge room per year; the answer is yes. George Byers said that not every condominium owners derives the bulk of his income from the rental of his condominium unit. That person is being asked to pay a substantially larger percentage of his gross income to fund an organization, within which certain people who derive the bulk if not absolute total of their income are being asked to pay substan- tially less. Condominium owners do not have a vote in this community. Byers said he did not feel condominium owners are being best served by this ordinance. A1 Blomquist told Council this was started by the lodging and condominium owners for a proposed lodging tax to do this very thing. The lodging and condominium people are paying $200,000 to fund the resort association and $200,000 for the Chamber. Blomquist said when they looked at the idea of a lodging tax, it became clear they were putting the whole cost at the point of sale at the time the reservation was made. Blomquist said to put a 10 or 12 tax on lodges and condominiums is bad news. The lodging people felt it would be far better to spread the cost of marketing over the entire business community, so it would appear as a cost in all businesses. The lodging industry went to the Chamber with a first draft proposal for a resort association with the idea to get equity for the business community. Francis Whitaker presented a petition in opposition to the occupation tax and proposal of the Aspen Resort Association. This petition does not represent an all out effort but merely a sampling of public opinion. The 56 signature represents a braod base of Aspen businesses and includes three former council members and one former city attorny. Whitaker said in circulating the petition, he found there were a great many small businesses single, self-employed, husband and wife, owner and one employee; these would be hard hit by the tax. All opposed the rates; all opposed the compulsory nature. These people felt the tax woul~ be no benefit to the city or to themselves, but only a benefit to the lodging industry. Whitaker said taxing of $1,000,000 for a special interest group would set a poor precedent. Whitaker said expenditure of city funds should be kept under city control, not by a group that is not directly elected by the people. Mayor Edel said two lodge owners came to him and asked why they should add to their costs of operation. These lodge owners told the Mayor they ran successful lodges with terrific bookins and why should they spend money for people who are not doing their job. Mayor Edel said the way this ordinance is being proposed, it seems as if Council initiated this. From the very onset, this is not a Council initiated action; Council initiated this in response to a city group. Mayor Edel asked for the ballot wording. Assistant City Attorney Esary said it has not been set but will be done by January 14th. Councilwoman Michael suggested between now and second reading a work session be held and Council be taken through the same exercise that the business community was. Councilwoman Michael said she is willing to pass this on first reading but would like to be comfortable with the formula before second reading. Councilman Knecht said it is important to Council to realize this has been brought before them by the business community, asking Council to approve this ordinance. However, it is up to the people to vote whether they want it or not. Councilman Knecht moved to adopt Ordinance #78, Series of 1982; seconded by Councilman Parry. Roll Call vote; Councilmembers Parry, aye; Michael, aye; Knecht, aye; Collins, nay; Mayor Edel, aye. Motion carried. Council set s study session for January 5, 1983 at 5:00 p.m. RESOLUTION #38-B, SERIES OF 1982 Assistant City Attorney told Council that Resolution #38, Series of 1982, called the special election for February 15, 1983; Resolution ~38-A added the ARA question, and this resolution says that Council shall set the election questions by resolution or ordinance. Councilman Parry moved to adopt Resolution ~38-B, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ~egu±ar ~lee~lng Aspen ~lty ~ouncl± DecemDer 27, 1982 ORDINANCE ~76, SERIES OF 1982 Setting the Election Precinct Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance #76, Series of 1982, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~77, SERIES OF 1982 - Authorizing Campaign Expenditures Councilman Knecht moved to Read Ordinance ~77, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~77 (Series of 1982) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, DECLARING ISSUES OF THE SPECIAL MUNICIPAL ELECTION OF FEBRUARY 15, 1983, TO BE ISSUES IN WHICH THE CITY HAS AN OFFICIAL CONCERN, APPROPRIATING FUNDS TO BE SPENT IN A PUBLIC INFORMATION CAMPAIGN RELATING TO THESE ISSUES, AUTHORIZING CITY EMPLOYEES TO PARTICIPATI DURING WORKING HOURS ON SAID PUBLIC INFORMATION CAMPAIGN AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO FILE A STATE CAMPIAGN REFORM ACT REPORT IN CONNECTION WITH SAID CAMPAIGN was read by the city clerk Mayor Edel said he would wants this campaign or informational material subject to Council approval. Mayor Edel said it should not be left up to staff to come out with informational statement without Council's knowledge. Councilman Knecht agreed because he did not think the information on the Wheeler was precise or explained well. Council agreed this clause should be added to the ordinance. Councilman Parry moved to adopt Ordinance #77, Series of 1982, as amended on first reading; seconded by Councilman Knecht. Roll call vote; Council members Parry, aye; Collins, aye; Knecht, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE #66, SERIES OF 1982 - V. Mark Rezoning Alice Davis, planning office, told Council this parcel had two different zonings. The southern portion was zoned R-15/PUD and the rest was zoned L-2. The applicant requested rezoning to L-2. This was approved at first reading with an L-2 and the applicant agreed to amend his application to deed restrict the use of the parcel and the size of the FAR. The planning office recommends approval on second reading. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance ~66, Series of 1982, as amended on second read- ing; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Knecht, aye; Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~68, SERIES OF 1982 - L-3 Rezoning Alan Richman, planning office, told Council the only issue from first reading are which lodges are part of the L-3 group. Richman received four letters from people who did not want to be part of the L-3 group for ~arious reason. These are the Swiss Chalet, Alpina Haus, Buckhorn Lodge and the Ullr Lodge. One has an application for residential develop- ment, one has both commercial and lodge uses and might want to be rezoned C/L; one woUld like to keep the office uses. Richman said 26 out 30 lodges contacted expressed interest; the planning office already has two applications for lodge upgrading. Richman recommended striking 2, 5, 26, and 30 from the list. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance 968, series of 1982, on second reading; as amended; seconded by Councilman Knecht. Roll call vote; Councilmembers Parry, aye; Michael, aye; Knecht, aye; Collins, nay; Mayor Edel, aye. Motion carried. ORDINANCE #69, SERIES OF 1982 - Golf Course PUD Alan Richman told Council this ordinance adds a PUD to the golf course. The staff has been working on putting together a PUD submission. Richman said he has seen the landscaping plan, and it looks like a good job. The PUD work has been done by the engineering depart- ment and Hagman Yaw. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~69, Series of 1982; seconded by Councilman Knecht. Councilman Knecht asked when the plans would be ready. City Manager Chapman said he expected to get them in January. Councilman Knecht said he would like review process for Council. Councilman Knecht said he would like the landscaping at the parks department and along highway 82 incorporated into these plans. Chapman said the city does not have a funding commitment for doing that landscaping. Chapman said it doesn't take much money for a plan; this landscaping can be funded through an overall capital improvements program. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ~egu±ar meenlng Aspen ~lny uouncl± December z/, SUBDIVISION EXCEPTION - Chapman Condominiums Alan Richman told Council these units are already built and the plat must be recorded as built so that all changes that were made after construction are reflected on the plat. Mayor Edel said he does not understand why this has to be on the Council agenda. Councilwoman Michael moved to grant subdivision exception to the Chapman condominiums subject to the following conditions; (1) the applicants should be required to join an improvements district in the evenn one is formed; (2) prior to recordation, the plat should be amended to show the following; (a) indicate on-site parking spaces at one per bedroom; (b) utility sources and meter locations; (c) show the fence around unit 2; (d) location of the irrigation ditch along the westerly property line; (e) the wording of the surveyor's certifcate is somewhat unclear and should indicate that the work was doen by the surveyor; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXCEPTION Pitkin Center Alice Davis, planning office, told Council there must be planning office review if the applicant wants to transfer development rights between the lots. Each of the four lots has a development right and can be subdivided. Councilman Collins moved to approve the request for subdivision exception for the purpose of dividing lots O, P, Q, and lots R and S, Block 94, Aspen Original Townsite, into four parcels. Approval is subject to the three conditions listed in the planning office memeorandum dated December 27, 1982; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXCEPTION - Mountain River Manor Alice Davis told Council this is a request for subidivision exception to amend the plat and recondominiumizing Mountain River Manor studio units. To some of the units in this building, a loft was added. Council needs to make the determination that adding the lofts does not change the studio unit. Ms. Davis said if Council considers these one bedroom units, they would need 1,000 square feet. These units are 330 square feet. The lofts were built without the proper approvals or permits; however, they have been fined. Gideon Kaufman said the applicant would like permission to amend the plat to show that these lofts exist. P & Z unanimously recommended this. Ms. Davis said the lofts make the units more habitable. Councilman Knecht moved to approve the subidivision exception for The Mountain River Manor to allow the addition of sleeping areas to 8 of the 16 studio units and to allow the necessary changes to the original plat. Approval is subject to the following conditions; (1) plat must be titiled "amended plat"; (2) changes in the plat must be clearly indicated and a statement that the remaining sheets of the original plat remain in effect; (3) signature blocks for approving authorities and engineering department as well as the clerk and recorder's acceptance certificate must be added to the plat; seconded by Councilman Parry. All in favor, motion carried. REVENUE SOURCES FOR JOINT HOUSING AUTHORITY Mayor Edel said on all suggested sources of funding, who is really going to pay for this. Mayor Edel said it looks like the employee will end up paying for this. Ron Mitchell said the employee housing certfication fee will add about $4.00 per month per unit. Councilman Knecht said he would rather see the city pay the $51~920 to fund the housing authority than to add onto any employee costs. Mitchell said that cost only covers the operations; it will not give the department money to do anything like buying land. Assistant City Attorney Esary said there is a benefit to the employee, like better enforcement of the policies on the books. Mayor Edel said he felt the city made a major mistake ~n going into this. Councilwoman Michael said she was not adverse to the funding sources #3 and 4. Councilman Knecht moved that if staff recommends going to four suggested fees so that the housing office has an on-going revenue, the Council should go that way; seconded by Councilman Parry. Councilmembers Collins, Knecht and Parry in favor, Councilwoman Michael and Mayor Edel opposed. Motion carried. Councilman Parry left Chambers. ORDINANCE $73, SERIES OF 1982 - Amended Towing Policies Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance ~73, Series of 1982, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~74, SERIES OF 1982 - Appropriations. Mayor Edel opened the public hearing. Mayor Edel requested staff check on the negotiations with the Skiing Company and report back to Council. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance #74, Series of 1982; seconded by Councilmn Collins. Roll call vote; Councilwoman Michael, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. Motlon carried. ORDINANCE ~75, SERIES OF 1982 - Liens on Past Due Accounts. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopn Ordinance ~75, Series of 1982, on second reading; seconded by Councilman Collins. Roll call vote; Councilmember Collins, aye; Knecht, aye; Michael, aye; Mayor Edel, aye. Motion carried. ~egu±ar Meeting Aspen City Council December 27, 1982 RESOLUTION #39, SERIES OF 1982 - 1983 Budget Councilman Knecht moved to approve Resolution #39, Series of 1982; seconded by Council- man Collins. Mayor Edel asked if this included the $5,000 for the Institute. Finance Director Sheree Sonfield said it does, but will not be disbersed until there is a contract. Mayor Edel asked about the $7,000,000 difference between revenues and expenditures, Ms. Sonfield said the city issued bonds this.year and will do expenditures in 1983. All in favor, motion carried. FINANCIAL REPORT ENDING 11/30/82 Finance Director Sheree Sonfield pointed out to Council most funds are favorable, and if not, there are off-setting favorable in the expenditures. Water sales are down because it was a wet year. The Ice Garden is on-line with their expenditures and are in better shape. Mayor Edel asked about the additional appropriations for recreation of $32,000 and for building of $4,000. Bill Tuite said the recreation department is not generating a 9 per cent increase in revenues; programs are not being increased. There was a security system installed at the Ice Garden. $13,000 was for natural gas at the pool; $10,00~ was for the pool itself and $9,000 for the Babe Ruth tournament. Council again commended Ms. Sonfield and her staff on the report. HPC MEMBERSHIP STATUS Councilwoman Michael moved to appoint Connie McCrudden and Gretchen Greenwood as regular members of the Historic Preservation Committee and to change Richard Cicero and Marjorie Brenner from regular members to alternate members, at their own request and that of HPC; seconded by Councilman Knecht. All in favor, motion carried. Councilman Knecht moved to adjourn at 9:30 p.m.; seconded by Councilwoman Michael. All in favor, motion carried. Kathryn~ oc , City Cler