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HomeMy WebLinkAboutminutes.council.19831024Joe Barrows said they have been working with the presumption that the one per cent tax from the county, which was approved by the voters last May, will be valid someday and will then be the method of financing the buses and bus facility. Financing needs to get put together now, and will be pay initially from the city's sales tax revenue. City Manager Chapman said the bonds will be paid through the city's seventh penny revenues to the county; the county will be making the payments to the paying agency. It will be a wash for the county. There is no difference in interest rates or costs. The city and county will have to adopt a lease agreement. Chapman said this is exactly what was approved by the voters in May. Commissioner Klanderud asked what happens when the county wide sixth penny sales tax goes into effect. Barrows said when the sixth penny goes into effect, the lease is terminated. Tom Oken, county finance director, said he feels this is the cleanest approach. Councilman Blomquist asked if the Basalt problem is going to be solved. Chapman said there has been a turn around in the attitude of the department of revenue, and they are trying to figure out how to make this tax work. Barrows said this does not require a swap of security after the county sales tax becomes effective. Commissioner Kinsley moved to approve the bonds and lease arrangement; seconded by Child. All in favor, motion carried. 2. City County Water Council and Trust Fund. Mark Fuller presented a revised copy of the resolution presented at the last meeting. There are a number of minor changes, and the county that the county's representative to the Colorado River Water District is a non-voting member rather th~an ex officio. As far as the assets of the trust and how those would be returned to members of the trust if the trust is terminated, the assets will be divided by the parties in proportion to the party's contribution. Ms. Klanderud asked how assets purchased by the trust would be divided. Fuller said at the time of dissolu- tion, the trust would determine who had contributed what to the trust. Fuller said he does not know whether the assets will be water rights, equipment, building or what. These could be continued in joint ownership at the pleasure of the trust. Mayor Stirling pointed out the water council is comprised of no elected officials and asked if the Boards felt there should be. Councilman Blomquist suggested dropping the public representative and have the county's representative to the Colorado River Water District be a county commissioners and added a city Council person so there would be a city and county elected official to the trust. Ms. Klanderud pointed out the Commiss- ioners do not always have a commissioner representative to the Water District. Chapman said he felt that almost all the important issues from the Water Council would come back to the Council and Commissioners, and he was trying to save the Boards time. Fuller said in trying to coordinate the city and county water policy, most of the time and effort is taken up at the staff level. After that, the staff will come to the Boards and explained what they are trying to accomplish. Kinsley said he felt comfortable with the way it was written; Councilman Knecht agreed. On the Council, Councilman Blomquist favored elected officials; Councilmembers Walls, Knecht and Mayor Stirling did not. On the Commissioners, Madsen favored elected officials; Kinsley, Klanderud and Child did not. Councilman Blomquist added on page 2 section 2(b) "city comprehensive plan" to the city comprehensive water management plan. Everyone agreed. Kinsley brought up the 5 per cent surcharge on out of city customers. Fuller said that one concept is the people inside the city have already paid for certain water rights for the city's capability to provide water. It seems equitable that people outside the city should pay for a portion of those rights. Chapman said the staff has begun to talk about an annexation study. If annexation does become a fact, fewer people will be paying the surcharge. This may have to be reexamined. Ms. Klanderud asked if there is new development within the city limits, why is this any different than in the county. Chapman agreed that the same argu- ment could be applied to any new customer, no matter what side of the city limits they are on; this is a close call. Tom Oken asked whether the city and county wanted to form a trust; why not allocate money on an annual basis during budget time. Fuller said the initial idea behind the trust was to assure that money would be available for water-related expenditures in any given year, that money would be set aside for this and not some other purpose. Chapman said the point is to have an instrument where the city and county can work together in matters that require cooperation. Kinsley said given the county's agreement with the development at Silver King, it might be likely the county would get stuck with $40,000 for the five per cent surcharge. Kinsley said if that is true, he will not vote for the trust. Chapman said he felt the Boards would be on solid ground to charge all new customers, rather than those out of the city. Ms. Klanderud said certain estimates were given for the costs on Centennial project. Chapman said the previous city Council indicated they would be willing to use the 1982 utility charge rate, which would be about $800,000 for Centennial. Child suggested adding the 90 day termination clause to this resolution, similar to the FERC one. Everyone agreed. Councilman Knecht moved to not apply the 5 per cent surcharge to Centennial phase IV; seconded by Councilwoman Walls. Kinsley said the Council may be against the project, but this project will go ahead and an additional fee will make it more expensive for the employees. Councilmembers Kinect and Walls in favor, Councilman Blomquist and Mayor Stirling opposed. Motion NOT carried. Councilman Knecht moved to table this issue until November 14, 1983; seconded by Commiss- ioner Klanderud. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Knecht moved to approve the minutes of October 11, 1983; seconded by Councilman Collins. Ayl in favor, motion carried. CITIZEN PARTICIPATION ~! 1. Charles Hopton brought up a matter which if before the City's Board of Adjustment, which is a request to build a building on the vacated Hunter street. This building would fill ~i up the entire lot at the bottom of Little Nell. The city has a lot of easements on this property, and there was no one present from the city to protect the city's interest. ? Council directed City Manager Chapman to follow up on this. ~ 2. Maggie de Wolfe requested Council address a proposol from the Aspen Council for the ii Arts. Councilman Collins moved to add to the agenda this proposal from the Aspen Council for the Arts; seconded by Councilman Knecht. All in favor, motion carried. 3.Ann Ballard from Smuggler Run said they feel the developer is in violation of agreements with them and with the city. Ms. Ballard said they would like Council to hear their complaints before any certificate of occupancies are issued for Pitkin Reserve. Mayor Stirling asked City Manager Chapman to follow up and to report back. 4. Timothy McGrath told Council he is living in a house on Puppy Smith street, which the city recently, and would like to have a six month lease on the house. Councilwoman Walls moved to add this to the agenda, the leasing of the Caparella house for the winter; seconded by Councilman Collins. All in favor, motion carried. Mike Christopher, coach of the speech and debate team, told Council they are doing a fund raiser in the mall this weekend, continuous reading of Mark Twain. Christopher requested waiver of the no amplification on the mall. Councilman Blomquist moved to approve the request within reasonable limits for the entire period of time; seconded by Councilman Collins. Chapman told Council last year the city had an agreement that if the police department got complaints, they would contact the speech and debate team. Terry Quirk, police department said they did not receive any complaints. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Knecht brought up the editorial about the Coors classic and that they are not going to be in Snowmass next year. Councilman Knecht urged the City Manager to contact the Coors Classic people to have the bike race in Aspen next summer. Councilman Knecht said he would contact the ARA and ask them to do the same thing. Councilman Knecht said he felt this would be important to Aspen. Council agreed. 2. Mayor Stirling said at the CAST meeting last week, there was a report given about the state tourist tax, which went into effect last spring. There are some ski people on the committee making decisions on spending of this tax, and they are going to spend $500,000 for marketing the winter season. This money will be spent in cities both in and out of Colorado. 3. Mayor Stirling said he would like to bring up at the next meeting the city's dog ordinance and enforcement of that. Mayor Stirling said he would like to amend the dog ordinance to dovetail with the county's dog ordinance where dogs would have to be secured on the property. 4. Mayor Stirling said he received a letter from the Bavarian delegation, and they were impressed with their experience here. 5. Councilman Blomquist moved to add Christmas lighting to the agenda; seconded by Councili- woman Walls. All in favor, motion carried. 6. Councilwoman Walls said now that the bond issue question has been settled, she would like to look at the remaining question on the ballot to see if the city should call off the election. Councilwoman Walls moved to add election issues to the agenda; seconded by Councilman Knecht. All in favor, motion carried. 7. Councilman Collins moved to add a discussion of Ordinance ~10, 1982, to the agenda; seconded by Councilman Blomquist. All in favor, Councilmembers Knecht and Walls opposed. Motion carried. CASTLE RIDGE PETITION FOR RENT REBATES Rick Crabtree, representing Castle Ridge rentors, presented photographs of the conditions existing from August through September. There is still construction going on out there. Crabtree said there was great inconvenience, a lot of mud and dust. The tenants had to constantly clean the apartments. Some sidewalks were torn out and not replaced. None of the trees were replaced, no landscaping was done except hydromulching. Crabtree said there was a precedent set last winter in rebating the rents during construction. This is a continuation of the remedial work at Castle Ridge. Councilman Knecht said he felt this is the city's responsibility to fix the problems at Castle Ridge. Councilman Knecht said he fully agreed with the previous rent rebates; however, he has some problems with this request. But it is the city's responsibility to finish this project. Councilman Knecht said he feels the rent rebates should be paid and charged to the cost of the project. ~ Bob Wells, engineering department, said the trees were lost because the irrigation system was not working; the trees were not lost as a result of this project. Councilman Collins asked if this problem was caused under the initial construction. Wells said yes. Council- Aspen City Council October 24, 1983 man Collins said he would support this request, as he sees it as the same as when the city was doing the mud jacking. Mayor Stirling said he feels this is a case of quiet enjoyment, where a tenant has the potential to enjoy the space they are paying for in as quiet a way as possible. This work was a carry over from earlier efforts, and it did interrupt the quiet enjoyment. Mayor Stirling asked if the tenants were asking for full days rent rebate. Crabtree said they were, because the area was torn up all the time, machinery was left there. Councilman Knecht moved to approve the rent rebates based upon the October 13, 1983 memo from Bob Wells to Wayne Chapman for $4230.00; seconded by Councilman Collins. All in favor, motion carried. CHRISTMAS LIGHTING Gary Plumley requested lighting for Main street and for the mall. On Main street the light standards would be wired and a wreath with lights installed for a total of $5486. The wiring would be on the standards for future year's use. The mall lighting will cost $3425, for a total of $8911. Mayor Stirling asked how much money was left in the CCLC's budget. Finance Director Sheree Sonfield told Council $13,000 with the bricks being expensed. Councilman Blomquist moved to approve $3425 for mall lighting; seconded by Councilman Collins. Mayor Stirling said he opposed this because the lighting on Main street is just as critical as on the mall. Mayor Stirling said he is interested in selling the CCLC going further than just the commercial core. Mayor Stirling said he felt it was important to wire the Main street standards on a permanent basis. Councilman Knecht agreed. Councilwoman Walls amended the~motion to add Main street lights; seconded by Councilman Blomquist. Councilman Collins said Main street is out of the realm of the CCLC. There have been discussions about changing the bulbs on Main street to make them brighter. Councilman Collins said the city ought to have a master plan rather than just spend money on Christmas lights. Plumley said the CCLC did a lighting presentation of the master plan and only one Councilmember attended. Plumley~said the Main street lights portion was added at the request of the Mayor. Plumley pointed out the CCLC has worked on projects outside the commercial core, like the sidewalks and bus stops. Plumley said the CCLC felt Main street needed some lights. Councilwoman Walls said she did not like being the only city in the world that does not have Christmas decorations on Main street. Mayor Stirling said he felt the lights on Mains street would be a benefit to all the people. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE #43, SERIES OF 1983 - Extension of MoA.A. Water Line Mayor Stirling opened the public hearing. Councilman Knecht moved to table this until November 14, 1983; seconded by Councilman Collins. City Attorney Taddune said he is still discussing the legal ramifications with the M.A.A. All in favor, motion carried ASPEN COUNCIL FOR THE ARTS Maggie de wolfe told Council all the arts groups have met and have come up with a program divided into three parts. Nick de Wolfe addressed the first part, which is an arts festival; Aspen has not had an arts festival for six years. The theme of this festival would be related to participation in the arts and would be held in the fall. De Wolfe said they would need seed money to get this started, and it will be around $1500. This money won't be needed until March 1984. Dutch Hodges said the arts groups had presented a report which outlined the ties between the economy and the arts community. One of the recommenda- tions in the report is that arts support organizations should be strengthened. The Arts Council has met with all the arts groups, who have provided a list of services that the Arts Council would like to implement. The Arts Council would compile all information for grants. The Arts Council will present the city with details of the economic impact of arts groups on the community. Ms. Hodges told Council the Arts Council is in a situation where these services have been provided but have not been paid for. The Arts Council is desperate to continue. They are coordinating some volunteer services. They have applied for space in the Wheeler. Ms. Hodges said this part of the program is a $1,000 request. Ms. de Wolfe said the third point is programming, and there has been no money for new arts organization. The Arts Council has not been able to help anyone. The Arts Council would like a creative programming arm to encourage new ventures. Councilman Blomquist asked if the Arts Council raised money privately. Ms. De Wolfe said the Arts Council has a membership drive. Raising money conflicts with the Arts Council's affiliated organiza- tions; this puts the Arts Council in competition with other arts groups. Bill Shorr told Council when the arts groups met recently, everyone agreed there were services that the arts Council could provide as a representative of all the arts groups to make a more significant contribution to the community. Short said the idea is for funding to come from the arts groups, the city, the state, and the national endowment for the arts and would obviate any need to go to the community to ask for money. Shorr said this request for $6000 is above the requested amount at the budget hearings. Dutch Hodges told Council the arts groups all make a donation to the Arts Council; however, these monies do not support the Arts Council. There are also individual contributors. Sheree Sonfield asked why this request did not come in at the budget hearing. Ms. Hodges said it has to do with the nature of the timing of her going to work for the Arts Council. Ms. Hodges said there is a national endowment grant available to local arts councils; it is a matching grant. Ms. Hodges is working with other ski areas to try and come up with a grant proposal. Councilman Collins said Council should take this under advisement as they finish up the 1984 budget. Councilman Collins moved to take this under advisements and consider it with the rest of the budget; seconded by Councilman Knecht. All in favor, motion carried. Regular Meeting Aspen City Uouncl± uc~u~ ~, ~oo CAPARELLA HOUSE Mayor Stirling said there is a lease prepared by Assistant City Attorney Gary Esary for the house on Puppy Smith street now owned by the city. This is a request for a lease from November 1 until April 30. During this time, the Council can discuss other proposed uses for the house. Councilman Blomquist moved to approve a lease at 220 Puppy Smith Street at $750 per month from November 1, 1983 until April 30, 1984; seconded by Councilwoman Walls. All in favor, motion carried. APPLICATION FOR A 3.2 RETAIL BEER LICENSE Mayor Stirling opened the public hearing. City Clerk Koch reported the posting, publica- tion and file to be in order. Mayor Stirling asked the applicant if they felt this was needed in the neighborhood. The applicant said they plan a 24-hour convenience store where people getting off work or getting to town late can pick up the items they need. Councilman Knecht asked about the remodelling. Barbara Besanty said it will be brick to look like an old building with wood floors, ceiling fans. The applicant said he felt a 3.2 beer license is important to a country-type market. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed the public hearing. Councilwoman Walls moved that based on the evidence presented at the public hearing held October 24, 1983, relating to the application by Besanty and Brooks for a 3.2 beer licensg, the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~59 SERIES OF 1983 - Increase in Liquor Occuptation Tax ~ , Councilman Collins moved to read Ordinance ~59, Series of 1983, seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #59 (Series of 1983) AN ORDINANCE AMENDING SECTION 4-32 PROVIDING FOR THE INCREASE OF THE ANNUAL OCCUPATIONAL TAX REQUIRED TO BE PAID PRIOR TO THE ISSUANCE OF A LIQUOR LICENSE was read by the city clerk Councilman Collins moved to adopt Ordinance #59, Series of 1983, on first reading; seconded by Councilman Blomquist. Mayor stifling asked the reason for increasing this fee. City Manager Chapman said the city's policy is every two years to review all rates, licenses, permits, etc. and increase them along with the expenditure level that Council has allowed to be increased. The city is trying to keep the revenues consistent with the costs. Ellen Anderson, sheriff's office, told Council the police department, sheriffs office, restaurant owners and taxi companies are trying to get together to coordinate a "tipsy taxi" program to combat drunk driving. Ms. Anderson said this has bean tried in Steamboat Springs, and has been very successful.~ Ms. Anderson said they have applied for a grant for this. The restaurant owners will support the increase in this tax if the increased amount can be applied to funding the i tipsy taxi program. Ms. Anderson said when the Council increased the business license tax, half of the increased monies went into the commercial core and lodging commission, so there is a precedent for ~ this. Ms. Anderson said the tentative plan is to provide up to $20 in a taxi ride, which i will get people as far as Snowmass, Woody Creek, or Aspen Village. Ms. Anderson said the details are not entirely worked as, such as what will happen to the cars on the streets, i Mayor Stirling said he is interested in the idea; it does mean an adjustment to the city's~ budget. Roll call vote; Councilmembers Knect, aye; Blomquist, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. Mayor Stirling suggested Ms. Anderson and the restaurant owners meet with the staff before second reading and work out the details. ORDINANCE ~61, SERIES OF 1983 - Proposed Increase in Business Occupation Tax Councilman Knecht moved to read Ordinance ~61, Series of 1983; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~61 (Series of 1983) AN ORDINANCE AMENDING SECTION 12-102 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR THE INCREASE OF THE ANNUAL OCCUPATIONAL TAX REQUIRED TO BE PAID PRIOR TO THE ISSUANCE OF A BUSINESS LICENSE was read by the city clerk Councilman Knecht moved to adopt Ordinance ~61, Series of 1983, on first reading; seconded by Councilman Blomquist. Councilman Blomquist suggested the method the Chamber uses to calculate license fees has merit. Councilman Blomquist said the range of 10 or less is too high, and there is not enough spread in the way this is set up. Mayor Stirling said he has a problem with taxingI businesses because they have more employees. Mayor Stirling said he is against raising this tax and would like to see it reduced. Mayor Stifling said he also would like to address the idea of using 50 per cent of the monies for the CCLC and that the monies not be just limited to the commercial core. Aspen ~l~y ~ouncl± QctoDer 24, 1983 Councilman Blomquist said it is unreasbonable to charge small businesses $110 and charge very large businesses $440. Councilman Knecht suggested approving this and have the ~taff outline alternatives before second reading. Councilman Blomquist moved to adopt Ordinance ~61, Series of 1983, on first reading; seconded by Councilman Knecht. Mayor Stirling said he would like to see this tax reduced. Councilman Collins said the contractors pay another license fee on top of this, and Council had previously discussed giving contractors a credit towards this fee. Councilman Knecht pointed out there is alot of work associated with contractors licenses that justify the fee. Staff said they would present some alternatives. Roll call vote; Councilmembers Blomquist, aye; Walls, aye; Knecht, aye; Collins, aye; Mayor Stirling, nay. Motion carried. PUBLIC HEARING ON THE PROPOSED BUDGET INCLUDING REVENUE SHARING FUNDS Larry Thoreson, finance department, told Council receiving revenue sharing funds requires a public hearing on the use of these funds. Sheree Sonfield, finance director, told Council in 1983, $76,000 was budgeted for revenue sharing funds; in 1984, $85,000 has been budgeted. Councilman Blomquist asked what these funds will be used for. City Manager Chapman said there are certain categories these funds have to be used in. Ms. Sonfield told Council the funds are used in police protection because everyone benefits equally. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt the use of federal revenue sharing funds for the purpose of expenditures in the areas of police protection services and financial and general administration; seconded by Councilman Knecht. All in favor, motion carried. 1984 MILL LEVY Mayor Stirling said the Council has discussed the capital improvement program, and has suggested increasing the mill levy to 5.00 for 1984. The Council has discussed "pay as you go" for capital improvements or bonding for those improvements. The proposed mill levy for 1984, without change, is 3.88. The mill levy can only be increased for capital expenditures. Councilman Blomquist said the Council should identify 5 or 10 items that are capital improvements that should not be funded by bonding but should be funded at an even rate each year, like a chip and seal program. Councilman Blomquist said if the mill levy is not increased at this meeting, the Council is putting off for a whole year the idea of pay as you go for certain programs. Councilman Blomquist said he felt the urgency is doubled if Council decided to eliminate the RETT election question. The only source of increased income for 1984 would be this money, which would go to capital improvements. Councilman Blomquist said this increase would raise about $100,000 for capital improvements. Ms. Sonfield told Council raising the mill levy requires a public hearing and an advertisement for that public hearing. Ms. Sonfield suggested this should be done no later than November 7, 1983. Councilwoman Walls pointed out that the mill levy for 1983 is actually 4.07, not 3.88 so the actual increase is .93 mills. Councilman Blomquist moved to approve setting the mill levy at 5.00 for 1984; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Walls; al~e; Knecht, nay; Blomquist, aye; Mayor Stirling aye. Motion carried. Council scheduled a public hearing for Monday, November 7, 1983, at 5:00 p.m. on the proposed increased mill levy. QUARTERLY FINANCIAL REPORT Mayor Stirling pointed out the sales tax revenues may be off as much as $30,000. There is a deficit in the transit f~nd~ There is a projected $61,000 deficit in the general fund. The city manager has been talking to department heads to try and cutl that deficit down . City Manager Chapman pointed out the five year financial plans, which are updated with these reports. The general fund end of year cash balance of $1,233,000 will have to be reduced to cover the transit fund. The cash balance will still be above $1,000,000, which is 25 per cent, which is very good. Chapman said the objective of "pay as you go" for capital improvements is part of this plan. Bill Tuite, finance department, addressed the water fund projections and pointed out they are extremely tight at this stage. The water fund needs the 20 per cent increase in November for the water rates to keep up. Chapman pointed out in 1984 water fund, if Silverking phase IV comes in, that would double the projection in this report. There are also other developments that may come in and connect in the water system, this would change the cash balance projection. Chapman told Council that the county has discussed with the city the water tap fees for Silverking. The county requested that the fees be waived, or lowered; the city has never done that for any project. Council did tell the county they would freeze the rates. Tuite said the figure for the utility connect charges at $750,000 is before the two increases of 10 and 20 per cent. Councilman Blomquist moved that the city not reduce the fees or hold them in time for this or any other project. Chapman pointed out the increase in these fees would be in excess of $200,000. The agree- ment the county has with the developer is that all off-site costs will be picked up by the county. Mayor Stirling said this issue should have some follow up. Chapman said he advised the county that they had to pay for a loop costing $100,000 and that they figure they are using is from the last city Council and that the county ought to find out what this Council is willing to do. Council commended staff on the report. Regu±ar Meeting Aspen 1984 COMMERCIAL GMP APPLICATION Colette Penne, planning office, told Council there's.was only one commercial projecting com- peting in the GMP competition. This project is located in the 600 East Hopkins block and requests an allocation of 4500 square feet. The allocation in the C-1 zone remaining is 9023 square feet. This project consists of three offices of 1500 square feet each, for a total of 4500 square feet. This project does meet the threshold of scoring at the P &Z. This project will also have to compete in the residential GMP for its units. There will be other city reviews for this building. Councilman Knecht moved to direct the planning office write a resolution allocating 4500 square feet to the East Hopkins Professional office project; seconded by Councilman Collins. All in favor, motion carried. CARRY OVER OF COMMERCIAL QUOTA Alan Richman said the issue is whether Council wants to carry over the remaining commercial space. There was only a competition in the CC/C-1 zone. Last year there was 14,000 squar~ feet left after giving tonight's allocation. Last year, the full allocation was not given out and a project expired of about 10,000 square feet. Richman told Council that in the last three years, an average of 27,500 square feet has been built. Richman recommended that given the level of commercial growth, which has outstripped any other sector of development, that the 14,000 square feet not be carried over. Next year another 10,000 square feet will become eligible for allocation. Richman pointed out than in the NC, SCI, office and CL zones there has not been a substan-~i tial building activity and these zones could have a carry over. Councilman Blomquist saidil he would like to not carry over any allocation in any of these zones. Councilman Blomquis% said the also would like a definition from the planning office of the GMP goal of balance in quantitiatve terms between the commercial and other zone categories to produce the concept of balance. Councilman Blomquist moved not to carry over any quotas in NC/SCI, Office, CL, and CC/C-1 seconded by Councilman Knecht~ Councilman Blomquist said he feels the connnunity is overbuilt commercially and would like a definition of what constitutes overbuilt. Gideon Kaufman pointed out that the quotas in NC/SCI, office zones was very small that it is not feasible for someone to do a..project It is important in those zone districts with very small quotas to have a carry over so that it becomes economically feasible to do a project. CounCilman Blomquist said the Council can adjust these quotas based on the balance between the zones and the square footages. All in favor, motion carried. Councilman Blomquist moved that the planning office and P & Z be ~eq~ested to prepare a resolution for adoption by Council which defines the GMP concept of balance as applied to the mix of land uses and quantites of units, square footage, etc. as between the several land use categories governed by the GM-P; seconded by Councilman Collins. Richman said this has been identified in the sketch plan and will bring it through the process to Council. All in favor, motion carried. SUBDIVISION EXCEPTION - Durant Mall Colette Penne, planning office, told Council this is a request to condominiumize eight residential units into eight separate condominium units. There is information regarding rental prices; in this case, the price did not bring these units into employee guidelines. The applicant has agreed to comply with the requirements of the building department before the sale of any units. P & Z and the planning office recommend approval of this request. Councilman Knecht moved to approve subidivision exception for the purposes of recondo- miniumization of unit R of the Durant Mall into eight units A through H with the Condition i through 5 in the planning office memorandum of October 24; seconded by Councilman Blomquist. Mayor Stirling asked how many parking spaces for each unit. John Ginn said there is under~ ground parking with one space for each unit. All in favor, motion carried.' ORDINANCE ~60, SERIES OF 1983 - Closing Alley in Block 4, Original Aspen Townsite Councilman Knecht moved to read Ordinance ~60, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~60 (Series of 1983) AN ORDINANCE DIRECTING THAT THE ALLEYWAY BETWEEN HALLAM STREET AND FRANCIS STREET IN THE 900 BLOCK, MORE SPECIFICALLY DESCRIBED AS THE ALLEY OF BLOCK 4 + ORIGINAL ASPEN TOWNSITE, BE CLOSED THE VEHICULAR TRAFFIC was read by the city clerk City Attorney Taddune told Council this is not a vacation ordinance but closing the alley to vehicular traffic. The consequences of a vacation is that the city would lose the alley way as a right-of-way and the adjoining property owners should own the property to the middle of the road. If Council wishes to pass this, it indicates they feel this is in the best interest of the residents in this area. Doug Allen, appearing on behalf of Ms. Curton, presented a packet of information to the Council. Allen said this matter has become controversial in the neighborhood. This would prohibit traffic in the alley, which is an indication the uSeof the alley is in effect and has been in effect. Allen presented some maps which show the alley through. Allen said by a deed recorded all streets and alleys in the townsite of aspen were dedicated in trust and use for the occupants of the townsite. Allen said Ms. Curton is concerned~with ~having this alley with access to her lot as well as for some other lots. Councilman Blomquist asked if the Curton lot was in the Aspen townsite. Allen said it is either in the townsite or it abuts it. Gideon Kaufman said the Herndon subdivision went through the full six month process. There were questions about the access for the newly created lot. It was propsed to go through the Crystal Palace lot with an easement; the engineering department was concerned about the danger of entering and exiting off highway 82. Nick McGrath, representing the Crystal Palace corporation, said the concern is not to preclude beneficial possibility for the future. Mead Metcalf has considered changing the access of this property so that the driveway will not come off highway, which is a safety problem, and access the property from the alley. If the alley is closed, this would preclude negotiating that access. Marty Kahn said the recommendation of the city engineering department is strongly in favor of not closing the alley primarily for safety reasons. Kahn said this is a dispute between safety and aesthetics. Kahn said the use of the alley would serve a variety of safety reasons as well as better access for fire vehicles and utility. Kahn said closing this alley would set a bad precedent; recently Council voted against another request to close an alley. Jim Moran, representing the Bergmans, told Council their backyards go into the alley. Moran said this alley does not go anywhere except to the boundary line of the original Aspen townsite. Moran said the city has absolute discretion on whether or not to open the alley. So far, that alley has not been opened. Moran said if the alley is to be opened, there should be a public reason for opening the alley. The alley has not been opened for at least 48 years. The city would have to give notice to remove the obstructions in the alley. There should be an over-riding public reason to open the alley. What people are asking for is a private driveway into parcel B of Herndon subdivision. Carl Bergman said when he built his house, there was not an alley there; there was grass and trees. This would affect everyone's lives to have a street back there. Bergman said he felt very strongly to leave this like it is. John Skiff said he does not see what will be accomplished by having a street back there. Bob Nelson, representing the Sagewood condominiums, asked what affect closing the alley would have to their access to the parking lot. Jay Hammond, engineering department, said the ordinance is written to close the entire alley and the east end is currently used for access to the Sagewood parking. Helen Kuehlman said opening the alley will affect people that have lived there along the alley. John Kuehlman said in plat A there is an easement already designated. Kuehlman <~ said this would inconvenience 3 or 4 people to tear up the back alley to give one party convenience. Hammond commented there is more room through the alley than there is through the easement on parcel A. Councilman Blomquist suggested amending the ordinance to say it is appropriate to close the "unopened" alleyway and also to add the engineering descrption so that only the western portion remain closed. Councilwoman Walls asked about using the access from Power Plant road instead of through this alley. Council discussed property~trade offs in this area. Councilman Blomquist moved to adopt Ordinance #60, Series of 1983, as amended as first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Walls, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. Councilman Blomquist moved to confirm the authority of the city manager to keep the alley closed until second reading; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #62, SERIES OF 1983 - Appropriations Councilman Knecht moved to read Ordinance ~62, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~62 (Series of 1983) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $184,925; RECOGNIZING GENERAL FUND REVENUES OF $22,340; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $50,000; APPROPRIATING WHEELER AND OPEN SPACE CAPITAL PROJECTS FUND EXPENSES OF $2,154,600; RECOGNIZING WHEELER AND OPEN SPACE CAPITAL PROJECTS FUND REVENUES OF $2,154,600; APPROPRIATING SMUGGLER SPECIAL ASSESSMENT FUND EXPENSES OF $527,100; RECOGNIZING SMUGGLER SPECIAL ASSESSMENT FUND REVENUES OF $527,100 was read by the city clerk Councilman Knecht moved to adopt Ordinance ~62~ Serie~ of 1983, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembsrs Blomquist, aye; Walls, aye; Collins, aye; Knecht, aye; Mayor Stirling, aye. 'Mot'ion carried. LIQUOR LICENSE RENEWALS Councilman Knecht moved to approve the liquor license renewals for Maurices; Great Wester Spirit Company; The Ritz; Visual Arts Center; The Chart House; Little Annie's; Wienerstube; Hickdry House; seconded by Councilwoman Walls. All in favor, motion carried. ~egu±ar meetlng Aspen City Council October 24, 1983 ELECTION ISSUES City Attorney Taddune said there were two ballot questions for a special election to be held November 15th. The first question has been resolved and does not require an election The other question is the increase in the real estate transfer tax. Council can postpone the election on the RETT or they can go ahead with one question. Councilman Blomquist moved to cancel the election for this fall and have the RETT ordinanc~ go before the voters at a spring election yet to be called; seconded by Councilman Knecht. All in favor, motion carried. Councilman Blomquist moved to continue the meeting to November 7; seconded by Councilman Knecht. All in favor, motion carried. DISCUSSION OF ORDINANCE ~10, 1982 Councilman Collins said he has asked that this issue be reconsidered because he has not had a chance to look at the draft ordinance regarding boards and commissions that was presented at the last Council meeting. Councilman Collins said he agreed there should be consistency in the composition of the Boards, and the Council should establish a policy. Mayor Stirling agreed the Council should discuss the Boards and Commission; however, he has settled in his mind that the Wheeler Board should go forward and function. Mayor Stirling said he does not want to threaten what they are doing. Councilman Knecht said at the last Council meeting, the Council reaffirmed Ordinance ~10, 1982, and is giving the Wheeler Board a show of faith that they should decide how to lease the balance of the space and leave this up to the Wheeler Board. Council agreed to add to the legislative agenda a study of the Board and commissions and have this done in the next six months. Councilman Blomquist moved to continue the Council meeting until November ~ 1983, at 5:00 p.m.; seconded by Councilman Collins. All in favor, motion carried. Council left Chambers at 9:10 p.m. Kathryn/. Koch, City Clerk Continued Meeting Aspen City Council November 7, 1983 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Blomquist, Walls, Knecht and Collins present. Roby Albouy presented a letter to Council suggesting the city have a work shop, the gist of which is the city should take a lead in looking at what can be done to improve Aspen, the resort, immediately and in the future. Council suggested looking at this in a study session this money. PUBLIC HEARING ON INCREASING THE MILL LEVY 1. Ted Mularz said he feels people are over-governed and over-regulated and also over- taxed. Mularz is opposed to increasing the mill levy. Mularz said there is a tendency on the part of government to pump money into programs. Mularz said the city should change its priorities and programs to stay on an even keel. Mularz said he has problems with tax increases when times are not that good. Mularz said before any mill levy increase, the current program should be looked at and analyzed to see if raising the mill levy is appropriate. 2. Perry Harvey said the assessed valuation of property taxes has just been redone. This proposed increase is for capital improvements, and Harvey said he would like to see a list~ of the capital improvements that these monies would be applied to. Harvey said he has a problem increasing taxes and not knowing what the monies will be spent on. Harvey said he would like to see how much added revenue this is and where it will be spent. Mayor Stirling said the revenues would be less than $90,000 increase. Mayor Stirling closed the public hearing. Mayor Stirling said in order for this increase to go into effect, it has to pass by four to one approval, and it has to be done tonight in order to be in effect next year. Councilman Knecht said he is not in favor of this mill levy increase because the city cannot do much on capital improvements with $90,000. Councilman Knecht said he would prefer a substantial increase so the city could get some capital improvements done. Councilman Knecht said he will not vote for a mill levy increase unless it is approved by the voters. Councilman Blomquist said he favors this because it would allow the city to get on a pay as you go basis on capital improvements and not rely on bonding for things that should not be funded by bonds. Councilman Blomquist said he feels this would bring greater fiscal responsibility to capital improvements. This $90,000 increase would allow the city to make a major shift towards pay as you go like streets, lighting, etc. Councilman Blomquist said there is a lot of money in the operating budget that is spent on catching up. Councilman Blomquist said the city should institute a captial improvement program on an annual basis. City Manager Chapman said the mill levy is currently 4.07 mills. The 1984 budget submitted by staff has a mill levy set through state law, which will go done to 3.88 mills because th~ assessment went up. Councilwoman Walls said she favors the 5.0 mill levy because she is opposed to any more bonding. The city has never had a long range capital improvement budget, with the increased mill levy the city can have a plan. There are a lot of capital improvement projects that must be done, streets, undergrounding electricity, Neale street bridge. The only way these can get done is by paying for them out of the mill levy. 3581 Continued Meetin~ Aspen City Council November 7~ 1983 Mayor Stirling said he wanted to have a public hearing on this issue. The Council reduced the arts awards by 25 per cent, they reduced the non-profit requests by 10 per cent. Mayor Stirling said he felt the city should spend money more efficiently. Mayor Stirling said the Council does not know what they are going to spend the proposed increase for. Councilman Blomquist moved to set the mill levy at 5.0 mills with all increases funds reserved for capital improvements; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht and Mayor Stirling. Motion NOT carried. Councilman Collins moved to adop~ Resolution ~34, Series of 1983, setting the mill levy at 3.88 for 1984; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #63, SERIES OF 1983 - Emergency Ordinance Cancelling Election Councilman Knecht moved to read Ordinance ~63, Series o~ 1983; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~63 (Series of 1983) AN EMERGENCY ORDINANCE CANCELLING THE SPECIAL ELECTION SCHEDULED TO BE HELD ON TUESDAY, NOVEMBER 15, 1983, AND RESCINDING AND REPEALING RESOLUTION ~28, SERIES OF 1983, AND ORDINANCE ~50, SERIES OF 1983 was read by the city clerk Councilman Knecht moved to adop5 Ordinance ~63, Series of 1983, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. Council called a special meeting for Thursday, November 10, 1983, at 5:00 p.m. Councilman Knecht moved to adjourn at 5:40 p.m.; seconded by Councilman Collins. All in favor, motion carried. , City Clerk