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HomeMy WebLinkAboutminutes.council.19831128~egu±ar ~ee~lng Aspen ulty uouncl± movemDer z~, ~ Mayor Stirling called the meeting~to order at 5:05 p.m. with Councilmembers Collins, Walls Knecht and Blomquist present. CITIZEN PARTICIPATION 1. Karen Llewellyn, owner of the Inverness lodge on Durant ~e~ presented a letter to Council. Council approved the ability for liens to be placed against property for out- standing bills. Ms. Llewellyn told Council they have never missed a bill to the city. In October the Llewellyns received a letter about an unpaid bill by Jack Wheeler construc- tion and that the Llewellyns would be liable. Ms. Llewellyn said due to the late presen- tation of the bill, 4% years has gone by and it makes it impossible to collect from Jack Wheeler. Ms. Llewellyn said they had a contract with Wheeler in which he was responsible to pay for the city fees. The project was finished in July 1979 and all debts were paid. The first the Llewellyns heard of this bill was October 1983. Finance Director Sheree Sonfield told Council at the time, the procedure was to bill the person who came to the city. Since then, the procedure has changed so that the city gets the money up front. Ms. Sonfield told Council the city tried several times to collect from Wheeler, and only as a last resort when to the property owner. Ms. Llewellyn said they held back funds after the work was complete to be certain everyone was paid. Jack Wheeler is no longer in business, and 4½ years makes it impossible to take action. Ms. Llewellyn said they have already paid for this once. City Manager Chapman suggested that staff meet with Ms. Llewellyn to see what they can work out. 2. Don Crawford presented Council with a letter and explained in his neighborhood near the Cooper avenue bridge there is public parking area which accommodates about 15 Cars. Crawford said this parking is very important for the neighborhood because people living there cannot park on highway 82 due to the snow plows. Crawford said if this parking is eliminated, it could become a war zone for parking. Crawford said the property is owned by the state highway department, and they are willing to lease it to the city for $1 per year to insure it remains public parking. Crawford asked the Council to authorize the city to lease this property. Monroe Summers told Council he had met with the Chateau Roaring Fork and their biggest concern is that the place is an evesore. The Chateau Roaring Fork is not in favor of eliminating all the parking but would like to landscape the area to some degree. Summers said he would like to come back to Council with a proposal for parking and landscaping. The Chateau Roaring Fork has a problem with abandoned automobiles left in this area for long periods of time. The condominium association voted to go to the highway department and lease the land. The only entity the state will lease to is the city. Crawford suggested this could be posted as a 72 hour tow zone. Mayor Stirling asked that Summers come back with a specific proposal. 3. Suzanne Frank said the Aspen Peace Coalition with other groups invites the community to unite for peace. Ms. Frank said organizations all over the valley have been making ornaments for peace which will decorate the tree across from the Wheeler. This will take place December 17th; the lights will not be turned on until December 25. Ms. Frank said they have had great response on this and hope to have enough ornaments to spread along the mall. Ms. Frank said they would like Council's permission to hang these ornaments in the mall and to join in the celebration. Mayor Stirling said he would have someone from staff coordinate this with the CCLC. 4. David Fleisher reported to Council about events planned for the Cooper Avenue mall from December 20 to 31. Fleisher said they would like Council's support on this idea. Fleisher said he felt the events planned would add to the holiday spirit of Aspen. There are not a lot of activities outside of skiing, bars and restaurants. Fleisher said there will be carollers, dixie land band, folk dancing groups, Santa Claus, a snowman contest and children's choir. These events will take place in the afternoon or early evening. Mayor Stirling said these sound like great ideas. Fleisher said the only this required from Council is that there may be amplified music outside. City Manager Chapman said the only restrictions put on amplified music is to try to have it shut down by 11 p.m. Mayor Stirling urged staff to give cooperation in this event. 5. Leslie Crondon, a professional dancer, told Council she has been invited to perform ati Andre's to bring in a Las Vegas-type floor show. Ms. Crondon said in part of the routine she is scantily clad, and would like to obtain approval of Council so as not to jeopardize anyone's liquor license. Ms. Crondon invited City Council to come to the opening show. Ms. Crondon said she would like some specific guidelines. City Attorney Taddune recommended Ms. Crondon meet with her attorney and describe her performance and act on the advice of her attorney. COUNCILMEMBER COMMENTS 1. Councilman Collins said he has asked staff to expand on the city-vehicle use policy and passed out a report from staff. This will be discussed later on the agenda. 2. Mayor Stirling asked for a summary on the transit agency from Councilman Collins, who is the city's representative on the RFTA. councilman Collins said the transit agency met last week to discuss Blomquist's amendment and to describe year end fund balance as opposed to surplus. The county thought the language was surplus, and the transit agency learned Wednesday it was fund balance. The county then adopted the same language. Councilman Collins told Council the transit agency was then able to get an agreement with the Skiing Company so that there could be bus service on Thanksgiving. Mayor Stirling asked about the new buses. City Manager Chapman said there is one here and the others should be here the end of the week. Doug Vaughn, Daily News, asked about a special meeting of the transit agency held Friday, was it a result of an adjournment and how was it conducted. Was this an executive session and was it held legally. Councilman Collins said he was out of town for the Friday meeting and has had no communication with anyone on the transit agency since then. Bil Dunaway agreed that the press and public Aspen ~l~y ~ouncll November 28, 1983 were not notified of this meeting. The transit agency is a quasi-public agency and they tend to go into executive session very easily. Dunaway said they seem to think they are not governed by any laws. Councilman Collins moved to place additional discussion of this matter on the agenda; seconded by Councilman Knecht. All in favor, motion carried. 3. Mayor Stirling mentioned the final consideration of the 1984 budget will be placed on the December 12th agenda. 4. Mayor Stirling said Council had a work session last week on the city's role in the resort, and it was a very spirited discussion. Mayor Stirling said people have volunteered to be part of a task force in pursuing the question of the city's role in the resort. Mayor Stirling said he would like to constitute a task force, and at' the next Council meeting he would like to present what he feels their charge should be. Councilman Blomquist agreed the work session was a good start. Councilman Blomquist said he feels there are other areas where there ought to be task forces. Councilman Blomquist suggested the Council meet first on how to involve citizens, how to be efficient and productive, how long the task forces should go., when they should terminate. .Councilman Blomquist said he would like a seminar on the idea of improving citizen involvement. Mayor Stirling said that idea does not prohibit the Council from taking a group and continuing the discussion of the city's role in the resort. Mayor Stirling suggested beginning with that ta~k force and using it as a model. 5. Mayor Stirling said office space for city hall does not appear on this agenda. City Manager Chapman said he prepared a memorandum to recap what the staff is doing. It is not urgent at this point. Mayor Stirling said he would like this on the December 12 agenda. 6. Mayor Stirling said he would like "traffic" as an agenda item before the end of the year. 7. Councilwoman Walls requested that salary proposals be removed from the agenda as she was out of town and did not have an opportunity to wok on this. Councilman Knecht moved to table salary proposals; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #51, SERIES OF 1983 - Water Rate Increase Mayor Stirling opened the public hearing. Mayor Stirling questioned why Aspen needs a system that costs current users so much money. Mayor Stirling said a system should not be designed that cannot be supported by a reasonable fee schedule. Mayor Stirling suggested perhaps the system has been overdesigned. The Council should work in the best interests of the citizens. Mayor Stirling pointed out the Council reduced the arts groups and non-profits groups requests because of money. Mayor Stirling said he would like to reduce the general fund by 10 per cent. Mayor Stirling said these savings will help the city with a "pay as you go" approach to capital improvements and assist the water debt. Mayor Stirling said the rates outlined for water increases will be a 150 per cent compounded increase in a 5 year period. Mayor Stirling said he feels it is wrong to increase the rates so drastically. Mayor Stirling said from bonding, there has been a large burden on the water fund, almost 70 per cent of the water fund is being used to pay debt service. Mayor Stirling said because not as much water was used, the city is penalizing current users by increasing the cost of their water. Mayor Stirling said the debt services from 1972, 1975, and 1977 in the water fund amount to $378,000 in 1984. Cutting the general fund by 10 per cent would free up about $400,000. Mayor Stirling questioned how this happened and how the city can prevent this from happening again. Bil Dunaway said he feels it admirable the staff and finance department have brought the financing so that there is an increasing year end surplus, which gives Aspen a better reputation. However, the city is not using that money. The year end budget can be brought to a lower level and not decrease the operating budgets. Mayor Stirling said he sees three alternatives; approve the 20 per cent increase, reduce the increase to 10 per cent, approve no increase and direct staff to find a method of funding the $309.000 short fall in 1984. Mayor Stirling recommended utilizing the savings from the 1984 budget and from fund balances. City Manager Chapman said the initial notion of improving the water system was a result of several years worth of study, directed by Council, and carried out by experts in the field and the water department staff. Chapman said the current plant is approaching over 20 years of age; the only repairs that can be done are those that take less than 24 hours or to declare an emergency. Another aspect of this program is conservation with renovation to the distribution system, replacing old or substandard pipes. The city has been losing water that is being treated but not used through the distribution system. Another aspect is that in the summer, the system exceeds the capacity on a constant basis. After renovating the current plant and building a new one the treatment capacity will be 13 million gallons. According to the city's growth management policy, this will give the city 25 years before they need to address the water system. Chapman said with a "pay as you go" program to pay for the $9,000,000 bond issue, the rates would be much greater that what is being presented. Chapman said with a 20 per cent proposed increase, this will be a 40 per cent increase over and above when the program was approved by the voters. The plan presented to the voters was a 50 per cent total increase. However, the original plan was not followed which was to use interest earnings from the invested bond proceeds to pay the debt service. This was critical to the plan and was not followed, and the result was $750,000 that was not earned. Regular Meeting Aspen City Councl± Novemoer zu, ±~u3 Chapman said the alternatives to funding are a matter of policy. The surplus in the general fund has been generated over three years, not through increases but through cost control. The reason is to generate income for a rainy day. Chapman pointed out the city has never had a 5 year capital improvement program. The city has not done an inventory of the physical assets or their condition. Chapman said it is evident the city will have to rely on borrowing to fix the physical plant. The city needs to improve their financial capacity for the bond rating agencies. A strengthened financial position reduces the cost of borrowing. Chapman said the alternatives of funding are trade offs, taking the money from the general fund and putting it into the water fund is not cutting the budget but transferring expenses from one fund to another. Chapman said there is a report showing cash balances versus debt requirements. There are cash balances so the city can pay their debts should there be a bad financial year. Chapman said right now the city is in a very good position in cash position versus debt position. The arverage ratio in the funds of debt to revenue is within acceptable limits in all the funds except the water fund, which is very heavily capitalized. Chapman said the Council has embarked upon 20 years of planning for a public utility. The Charter did not require Council to submit the water bond issue to the voters but Council did because they were concerned about this project. These water rate increases are within what was expected at the time of the bond issue. Mayor Stirling said he did not see improving the bond rating as an objective of the city. Mayor Stirling said it is hard for voters to say no to water issues. Mayor Stirling said raising the tap fees may encourage people to drill wells rather than join the city's water system. Mayor Stirling said no water system should be designed such that it cannot be supported by reasonable user fees. Councilman Blomquist said when a water system is built, it has to be built to a certain size and to last a certain length of time. Councilman Blomquist pointed out these expen- ditures are underway and the bonds have been issued. Councilman Blomquist said these increases are a matter of payment schedule another Council determined was proper. Councill man Blomquist said the city should look at a method of relief for overburdening people that cannot afford it. Councilman Blomquist pointed out these are resort costs, not town costs. Councilman Blomquist said if the Council does not make increases and decides to take the money from some other fund, they are automatically saying no capital improvement program. Councilman Blomquist to say there shall be cust without looking at each budget is not good. Each service level will have to be looked at. Councilman Blomquist pointed out that Aspen has been working to bring itself up to high standards of facilities and services. Bil Dunaway said he had the publication given out to the voters implying that increases will be held to 10 per cent per year. Dunaway said the city should keep faith with the voters and hold the increases to 10 per cent per year. Councilwoman Walls said this increase is only 6 months after that last 10 per cent. Councilwoman Walls said she does not believe in raising rates because the water usage has gone down. Councilwoman Wallls said she would be in favor of sticking to the original plan and find some other way to make up the deficit, and to wait until spring to make the 10 per cent increase. Ms. S0nfield told Council the the rate increases in March 1982 and March 1983 should have been November 1981 and 1982, but the finance department was late. Because of publications and effective dates of ordinances, these were two month late. Ms. Sonfield urged the Council to look at the fund balances, especially the water fund. Councilman Collins said there is a problem here, which will not go away. The Council can address it or put it off. Councilman Collins said when Council adopted the water management plan, the total cOnstruction costs for physical plant is $28,000,000. Councilman Collins said the voters approved a bond issue of $9,000,000 to be financed by water rates increasing 10 per cent per year for 5 years. Councilman Collins said the city should stick to that schedule. Councilman Collins said in order to catch up, the increase~ have to be larger than 10 per cent. One of the reasons was the arbitrage was not done, another is water use is down, another is the expected customers are not coming on line. Council needs to see where the plan is today so they can project the future of the water management plan. The city has contracted for all $9,000,000. Councilman Collins said the city should stick to the scheduled and look ahead to see if there is any redundancy in the future project. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance ~51, Series of 1983, amended to show 10 per cent increase in rates on second reading. Motion DIES for lack of a second. Councilman Knecht moved to adopt Ordinance #51, Series of 1983, on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Walls, nay; Collins, nay; Blom- quist, aye; Knecht, aye; Mayor Stirling, nay. Motion NOT carried. ORDINANCE ~52, SERIES OF 1983 - utility Connect Charges Mayor Stirling opened the public hearing. This ordinance proposes to increase the utility connect charges by 20 per cent and introduce a new service area 8 for the extensions of utility lines up Castle Creek. There were no comment. Mayor Stirling closed the public hearing. Councilwoman Walls pointed out from staff memorandum stating "it was always known tap fees would need to double", and asked who knew, the staff, the voters, the Council. Chapman said this was addressed in meeting about the water management plan with Council, and it was clear at that time large connection fee charges were needed. This was a policy decision that growth has to pay its own way. Chapman pointed out that tap fees had not been increased in almost 10 years and the industrial price index had gone up 85 per cent. Aspen ~lty Councl± November 28, 1983 Chapman said a series of increases were needed to make growth buy into the water system. Councilwoman Walls agreed with the theory that growth should pay for itself, but some citizens who have lived here years and want to tap into the system, have to pay the same as new developments. Mayor Stirling said the city may lose people who want to tap on because of the costs, and this would be spiting the program. Mayor Stirling pointed out that service area 8 for castle creek still needs to be adopted, even if the increases are not. This service area will serve eight lots. Councilman Collins said the water manage- ment plan should be amended to include the new area with maps and lecal descriptions. Councilman Blomquist moved to adopt Ordinance #52, Series of 1983, on second reading; seconded by Councilman Knecht. Taddune said if Council does not adopt this ordinance, this may affect the ability to provide water to the M.A.A. and to have them pay for it. Councilwoman Walls suggested leaving the tap fees charges as they are now and approving a service area 8. Councilman Blomquist withdrew his motion; Councilman Knecht withdrew his second. Councilwoman Walls moved to adopt Ordinance #52, Series of 1983, with the following amendment, service area 8 be added without any increase in any of the rates and utilizing the same rates for 8 as service area 5; seconded by Councilman Collins. Councilman Collins said if service area 8 could be designated like this or should there be a separate ordinance going back to the water management plan. Taddune told Council this is the proper mechanism. Roll call vote; Councilmembers Collins, aye; Blomquist, nay; Walls, aye; Knecht, nay; Mayor Stirling, aye. Motion carried. Councilman Knecht said the Council has to make a policy decision on how to pay for the water bonds, since Council has not increased the rates. Councilman Knecht said he likes the financial plan the city has had for the last four years, and the fund balances. Councilman Knecht said cutting the budget will cut services, and of all times, Aspen needs good service. Councilman Knecht said he is not in favor of robbing funds from other fund sources to cover other fund balances. Councilman Knecht said the water management plans bonds were voted overwhelimingly in favor by the voters. Councilman Knecht said what the Council is doing is not dealing with the problem. Mayor Stirling said he planned to stay with the plan as represented to the voters, to have a 10 per cent water rate increase in the spring of 1984. Mayor Stirling said he would direct the staff between the fund balance and the general fund to make up the $309,000 short fall for 1984 and plan accordingly for 1985 by using those sources of funding. Councilwoman Walls said she basically agreed. Councilman Collins said he would support this but the would like to see other alternatives. Chapman pointed out there will be a deficit of $150,000 in the fund by the end of 1984 with the proposed 10 per cent increase in 1984. Ms. Sonfield said the problem is this deficit compounds in the following years. Mayor Stirling said his direction to staff is to look at a combination between fund balance and general fund for 1984. Chapman said he would like into alternatives. All in favor, with the exception of Knecht and Blomquist. Motion carried. ORDINANCE.965,. SERIES OF 1983 - M.A.A. Wheeler Lease City Attorney Taddune said the Council needs to meet in a work session on this lease. Tabling this will delay the $200,000 contribution and it will also delay the M.A.A. fund raising program. J. D. Muller, representing the M.A.A., said there are a number of items that have to be worked out. Mayor Stirling opened the public hearing. Councilman Collins moved to continued the public hearing on Ordinance ~65, Series of 1983, until December 12 and have a work session with the M.A.A. December 5 at 6 p.m; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE 961, SERIES OF 1983 - Business Occupation Tax City Attorney Taddune said there has been confusion on the staff's part if Council had adopted this ordinance or had directed staff to rewrite the ordinance. Taddune said he would like Council to clarify their intention on the business occupation tax. Taddune told Council he directed the city clerk not to publish this ordinance; therefore, it has not taken effect. Councilman Blomquist agreed the definition of employee and FTEE was left hanging. Councilman Blomquist suggested since the amendment to the ordinance was late, perhaps the public should have another chance to address the change. Mayor Stirling agreed the change was radical and the public should have the opportunity to discuss it. Mayor Stirling said the occupation tax should be reconsidered. Councilman Collins moved to reconsider Ordinance ~61, Series of 1983; seconded by Council- man Knecht. All in favor, motion carried. Mayor Stirling reopened the public hearing. Taddune said Council has indicated they want to rethink this ordinance. It is not legally required to renotice this. Councilman Knecht moved to publish notice for second reading of Ordinance 961, Series of 1983, as it was amended at the last meeting; seconded by Councilman Blomquist. All in favor, motion carried. Regular Meeting Aspen City Council November 28, 1983 Taddune said the change of the concept of the business occupation tax at second reading was to charge $25.00 per employee. The feeling of Council is that the public should have input on this revision. Councilman Blomquist said there are two formulas to choose from, and Council will consider both of them at the next meeting.. All in favor, with the exception of Mayor Stirling. Motion carried. ASPEN VALLEY HOSPITAL REQUEST FOR UNSPENT CITY CONTRIBUTIONS Glenn Scott, hospital administrator, told Council there are surpluses accumulated at the end of the fiscal year of the ambulance service since 1978 through 1982. There is an $18,000 surplus from city contributions and at the end of each year the city and AVH were to settle up whether it was a plus or minus. Scott said the hospital informed the city each year of the surplus, and the city advised to put the money into the next year's operation and it was used as a reduction against revenues. Scott is requesting the AVH be allowed to keep this $18~000 and use it as a community benefit. One use would be to reduce ambulance charges by about $50, this would also allow a reduction in the mill levy for the ambulance district. Another use could be to help fund an ambulance in 1985. City Manager Chapman explained the ambulance was one of the double taxation issues between the city and county. The hospital then tried to get this on a tax equity basis with a ballot issue and an ambulance district. Councilman Blomquist said with what is going on in the general fund, the city should probably ask for the refund of this $18,000. Before the ambulance district, the city and county contributed a large portion of the costs for the ambulance service. Now there is an ambulance district, this money should be paid back to the city. Mayor Stirling pointed out this is 10 to 20 per cent of the short fall in the water department and would be inclined to have the money returned to the general fund. Councilman Blomquist moved to request that the Aspen Valley Hospital refund the surplus funds to the general fund for any uses the Council may determine; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~66, SERIES OF 1983 - Lease Agreement with County Councilman Knecht moved to read Ordinance ~66, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~66 (Series of 1983) AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH PITKIN COUNTY COLORADO; PROVIDING FOR THE PLEDGE THERETO OF INCOME DERIVED BY THE CITY FROM DESIGNATED SALES TAXES; AUTHORIZING THE EXECUTION OF MISCELLANEOUS DOCUMENTS IN CONNECTION WITH THE LEASE AND THE TRANSACTIONS CONTEMPLATED THEREBY; APPROVING AN OFFICIAL STATEMENT AND THE EXECUTION THEREOF; REPEALING ALL ORDINANCES, IF ANY, IN CONFLICT HEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF was read by the city clerk Councilman Blomquist pointed out in the memorandum from the county finance director, a contingency fund of $113,000 is listed. Councilman Blomquist aksed if it would be proper to change this to improvements to bus stops so that it becomes a capital improvement. Finance Director Sheree Sonfield said she would ask bond counsel for an opinion on using this contingency for something particular. Chapman pointed out the Council does have review of the budget. City Attorney Taddune said this lease provides revenue source to collateralize the bonds by the city's seventh penny. Mayor Stirling said he is concerned about giving the seventh penny to the county; the Council has not seen the transit budget or the Skiing Company contract. Councilman Knecht moved to adopt Ordinance ~66, Series of 1983, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye; Collins, aye; Mayor Stirling, nay. Motion carried. ROARING FORK TP~NSIT AGENCY Doug Vaughan said he had heard a conversation about negotiations with the Ski Company and buses, perhaps there would be a charge to ride the Ski Company buses. Vaughan said when he tried to attend a meeting about this, there was an objection raised on the grounds they were plotting strategy. Vaughan said he was told they would not continue the meeting if he were there. Vaughan said he contacted the city attorney and was told this type of meeting was a legal exception to the state public meeting law. Vaughan said he would continue to press this because the present contract with the Skiing Company was a mess. Vaughan said two weeks ago a budget was presented, which the city and county staff and Ski Company had seen. When asked for copies, Vaughan was told it was a working document and refused to give copies. Vaughan said when he asked again, he did receive a copy. Subsequently, the transit agency announced they wanted to go into executive session. Vaughan asked for an explanation, asked this be put in the minutes and to have a vote on it, and asked where the authority for this came from. Vaughan said at another meeting at which the transit agency was discussing an interim contract with the Skiing Company, the agency wanted to go into executive session and Vaughan again requested they go on record and have a vote. Vaughan said there is nothing in the by laws that addressed executive sessions, when they can be called, or any authority for them. Vaughan said the transit agency adjourned at that point because he refused to leave. Vaughan said the transit agency met that Friday without notice. Vaughan recommended Council disassociate itself from this practice and to establish a general policy. Aspen uluy uouncl± November 2~, 1983 Councilman Collins said he is not sure the transit agency met on the last time Vaughan referred to, otherwise the chronology is very accurate. Councilman Collins said he did feel some clarification was needed on going into executive session. City Attorney Taddune said this Council's policy is to avoid executive sessions unless they are about litigation. Taddune pointed out the public meetings law is vague. There are instances when a govern- mental body has to instruct its negotiators to protect the integrity of negotiations. Mayor Stirling encouraged RFTA to keep everything public as much as it can. Councilman Collins said he would do that. Taddune said he will give Councilman Collins a copy of the open meetings law to take to the RFTA. Councilman Blomquist said he would like to see the city produce a handbook on laws like executive sessions, conflict of interest, ex parte contacts, etc. Council asked Taddune to take this suggestion and report back to Council. SPA ZONE DISCUSSION Mayor Stirling said because of some lengthy discussions on property zoned SPA in the city, the Council requested staff to research this zone. Alice Davis, planning office, said the SPA was created in 1975 and gave a history in a memorandum, summarized the code regulations for SPA, summarized the parcels zoned SPA. Ms. Davis presented a map showing eleven parcels zoned SPA, and gave a current status of these parcels. The planning office tried to identify the issues and problems areas in these SPA parcels. Ms. Davis said the staff would like feedback from Council on what the status of the SPA zone is, where has it worked, should it be eliminated, or reduced. Ms. Davis said she feels the zone has worked and the problem has been in the effectiveness of the record keeping. Ms. Davis said the SPA zone was created in the major rezoning of the city, and five parcels were zoned SPA at that time. The Council determined these parcels to be very sensitive and critical to the community. These were the Aspen Institute, Trueman, Rio Grande, Smuggler and Little Nell. The SPA zone is useful in giving the public an idea how these parcels should be developed. Ms. Davis said the existing code regulations regarding SPA are very sketchy and not specific enough. The city does need definite procedures on how an SPA designation is established, how adoption of an SPA plan should be accomplished. Ms. Davis went through the SPA requirements as listed in the Code. Ms. Davis said a major difference in SPA is that the use can be varied, as well as the area and bulk requirements. SPA allows mixed development, which may not ordinarily be allowed. Another important purpose of the SPA is that it has been used as a holding zone for sensitive, crucial sites in the city. Ms. Davis said two of the SPA sites were city initiated at time of annexation, Castle Ridge and Marolt, these were annexed for the purpose of providing employee housing. Three of the parcels are publicSPA, the jail site, firestation, and Rubey park. The last parcel is the forest service parcel. Ms. Davis told Council the major problem in this zone is there is not set procedure for designating SPA and for adopting a precise plan. Another problem has been the lack of follow through to get the precise plans adopted. In SPA zones, a plat, an ordinance, and a development agreement are needed. Council should go through all 11 parcels, make sure they agree with the purposes of these parcels and then bring them up to date. Council should decide whether the use and the underlying zoning should be varied. Council needs to evaluate whether SPA should be used alone or with an unlying zone district. The planning office feels this should be done on a case by case basis. Ms. Davis said after Council tells staff what direction they want, the staff can proceed by reducing its use, cleaning up the code language, cleaning up the parcels, whatever. The planning office does feel SPA has been overused; it is an effective planning tool. The SPA zone has been important as a holding zone. The Council should go through an evaluation of each of the parcels, evaluate them and determine if Council agrees with the intent of the zone. Councilman Blomquist said the SPA zone should be done away with. Councilman Blomquist suggested setting up a public zone on parks and publicly owned land and require a develop- ment plan on these lands. Mayor Stirling said the problems he has with the SPA zone is the "sky is the limit" impression people get, and a developer can lay over an SPA zone and not divulge the purposes of the site. Mayor Stirling said the next step should be listing the advantages and disadvantages of both SPA and PUD zones and perhaps a new zone or a combined category, and then have a work session and go through each of these 11 parcels with this list. Council agreed to having a work session on this proposal with some more work from staff. ICE GARDEN IMPROVEMENTS Mayor Stirling said the staff is requesting three things; a new ceiling, financing the purchase of a new cooling tower and Zamboni; discount for high ice users. Ted Armstrong, recreation director, said he is trying to make Council aware of the capital improvements needed in the rink. The cooling tower will have to be replaced or the rink is out of business. The new ceiling will upgrade the aesthetics of the ice garden and has been approved by the building department. The new ceiling will also improve the lighting at the rink. Armstrong said should a new facility be built, the Zamboni could be used and the ceiling could be moved. Chapman said the staff is suggesting waiving the utility costs for the ice rink, which are about $26,000 in the electric fund. This will reduce the operating costs of the ice rink and will be accounted for as an expenditure in the electric fund. Mayor Stirling asked how much credit will be given to Junior Hockey. Armstrong said they lease $25,000 ice time, and he is suggesting a $5,000 rebate. Councilman Blomquist asked where the $100,000 for the total program would come from. Chapman said by reducing the operating costs of the ice rink. The ice rink is an enterprise fund and has to generate revenue to cover operating costs. This proposal would reduce the operating costs. Regular Meeting Aspen City Council November 28, 1983 Councilman Blomquist moved to table this item until December 12, 1983, with more alterna- tives from the staff; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. STOPLIGHT AT CASTLE CREEK Council suggested this be put off until the next agenda. FINANCIAL REPORT Councilman Blomquist moved to express appreciation to the staff for this report; seconded by Councilman Knecht. Ail in favor, motion carried. Bill Tuite, finance department, told Council the general fund is going on the same course, the revenues are slow and continue to be slow. There may not be a savings in the street department because of all the snow. Mayor Stirling complemented the 9 out of 17 depart- ments that appear to be coming in under budget. ~ CITY VEHICLE USE POLICY Councilman Collins, who requested this item, suggested putting this off until the next regular meeting or the December 5th work session. Council agreed. AUDIT ENGAGEMENT LETTER Mayor Stirling said he was disappointed the city did not get bids for 1983 audit. Mayor Stirling asked if money could have been saved that way. Sheree Sonfield, finance director said typically firms, when bidding for an audit, will bid low the first year to get the ~' audit away from the existing firm and then the fees for the second year will go up. Ms. i Sonfield told Council the staff will put together a bid package for 1984 audit. The finance department feels it is important to bid the 1984 audit. Councilman Collins moved to approve the engagement letter and appoint Schneider and Schuster auditors for the city of Aspen for 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE 469, SERIES OF 1983 -Appropriations Councilman Knecht moved to read Ordinance 469, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE 469 (Series of 1983) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $9,223; RECOGNIZING GENERAL FUND REVENUES OF $8,300; TRANSFERRING $9,000 FROM THE TRANSPORTATION/MALL FUND TO THE GENERAL FUND; APPROPRIATING LAND FUND EXPENDITURES OF $20; TRANSFERRING $1,025 FROM THE LAND FUND TO THE WHEELER TRANSFER TAS FUND; TRANSFERRING $1,205 FROM THE WHEELER TRANSFER TAX FUND TO THE 1982 SALES TAX REFUNDING AND IMPROVEMENT DEBT SERVICE FUND; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $6,210; TRANS FERRING $30,000 FROM THE ELECTRIC FUND TO THE ICE GARDEN FUND was read by the city clerk Councilman Knecht moved to adopt Ordinance #69, Series of 1983, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Collins~ aye; Knecht, aye; Mayor Stirling, aye. Motion carried. LIQUOR LICENSE RENEWAL - Little Nell's Mayor Stirling asked if there were objections from staff. City Clerk Koch reported there were none. Charles Hopton told Council last year he was upset with the possibility of renewal of this liquor license; however, over the past year the owner, Phil Henke, has done a good job of trying to be a good neighbor. Hopton said he is very pleased that Little Nell's is trying to make an effort. Phil Henke said he is trying to control the problems, like noise, and has received help from the city staff. Councilman Knecht moved to approve the liquor license renewal for Little Nell's; seconded by Councilman Collins. All in favor, motion carried. CONSENT AGENDA ~ Councilman Knecht moved to adopt the consent agenda; seconded by Councilwoman Walls. The consent agenda is (1) Resolution of Intent to withdraw from police pension; (2) special event permit - Windstar; (3) liquor license renewals - Pablo's; Toro's; Anchorage; Crossroads Durg; Golden Horn; Galena Street East. All in favor, motion carried. Councilman Collins moved to adjourn at 9:30 p.m.; seconded by Councilman Knecht. All in ~ favor, motion carried. Kathryn ~.' Koch, City Clerk