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HomeMy WebLinkAboutminutes.council.19831212 Aspen City Council December 12, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS The joint meeting was called to order at 3:10 p.m. with Commissioners Child, Madsen, Kinsley and Klanderud present and Councilmembers Walls, Blomquist, Knecht, Collins and Mayor Stirling present. 1. Ruedi Hydropower Project. Mayor Stirling said this discussion is on the proposed contracts with G.E. and Shaeffer and Rolad and the approach to funding the hydropower project. Mark Fuller said there are some issues in the contracts that are not resolved yet. The resolutions for these two contracts have to be passed by the end of December. Fuller said the agreement with G.Eo incorporates all the contract documents that were part of the RFPs. Some of the exceptions are provisions for liquidated damanges, provisions for liability, provision in which G.E. agrees not to submit changes orders because of rock stabilization, provision setting the size and capacity of the facility at 5 megawatts, Fuller said the problem is in the area of liability where G.E. is seeking to limit its liability for the equipment it installs and the manner in which it is installed. The county attorney has raised some question whether the limitation G.E. requested is appropriate. Fuller said this can be worked out by the next meeting. Fuller said he would like the Council to pass Ordinance ~76, 1983 between the city and G.E. on first reading. This would clear the way to continue negotiations and make minor changes and come back with a final contract on December 27. Commissioner Kinsley asked if the city and county have technical capabilitY to be able to assess these documents. The city and county have never built a hydropower plant. Fuller said Shaeffer and Roland did a feasibilit- study and put together the RFPs and evaulated the proposals. Shaeffer and Roland have been taken the lead in negotiations with G.E. The result have been satisfactory to S&R. The city and county staff have been dependent upon them for technical expertise. Kinsley asked if the facility is built and there is a major design flaw, whose responsibility is it. City Manager Chapman said it depends upon the nature of the flaw; it most cases it will be covered by the S&R contract, if it is not engineered correctly. If the facility ends up not performing as specificed or designed, then the staff will have to go back to the specs. Fuller said there is a full construction warrantly for one year. Bob MacGregor, Shaeffer and Roland, told the Boards the key issues in these negotiations are liquidated damages, what happens if the job is not finished on time~ performance guarantee, will it produce as much power as in the bid; rock stability, MacGregor pointed out this is a hazardous area in terms of construction, will there be cost increases because of the rock conditions. Another issue is liability. MacGregor said the first three issues have been resolved to the city and county interest. G.Eo has agreed to take all the risk on the rock stabilization. G.E.s proposal is for a 5 me~awatt plant, and the performance guarantees had to be adjusted to reflect that, to which G.E. agreed. MacGregor said G.E.s bid took exception to liquidated damanges, however, they did agree if the drag the project out. MacGregor said in return for that, he suggested G.E. have an incentive for completing the project early, which is reasonable. MacGregor said this would be splitting the benefits down the middle for early completion. MacGregor said he feels the negotiations and terms are fair and standard in the construction industry. MacGregory said the unresolved issue is liability, and the practice of the industry is pretty wide spread on this issue. The discussions are that G.E.:!is willing to be liable for their equipment as they install it but do not want to be liable for secondardy impacts. Kinsley asked why the facility has gone from 3.2 megawatts to 5 mega watts. Fuller said G.E. gaver a number of proposals, and the one with combined impuls turbine was deemed to be the most efficient in the long run. Going with an impulse turbine eliminated the difficulties of the BOR requirement on water pressure. Along with that, there are fewer requirements for monitoring reqUirements. Fuller said the downside is there is a less efficient power producer, producing fewer kilowatts during some parts of the year; in every other respect, this is better off. MacGregory said with a 5 megawatt system, they can produce 22 million kilowatts a year. It is larger and produces more power. MacGregory said this is a larger project because bids came in so low. MacGregory said it is much more cost effective to go with a 5 kilowatt facility. Fuller said he would like approval of the Boards of amendment to go with a 5 kilowatt facility. Councilman Collins asked if the contract with S&R called for them to review and sing off on G.E.s engineering. Fuller said yes. Fuller said the staff and contractors are working on a hold harmless or co-insurance clause to meet the intent of indemnification without putting it in those words. Fuller said the subcontractors wans to do work as soon as possible on the rock stablization, and want to be guarantted any costs incurred in this would be repaid if the contract is not approved. This will be done between now and the next meeting or as soon as the site is accessible. Fuller said the major change from the county is a clause saying that the city is liable for the costs of the contract, which is putting in writing what has always been the understanding that the city will cover the costs of the contract through a bond or some other mechanism. This will make it clear who is covering the project. Councilman Blomquist pointed out in a memorandum from the city finance director, the question' is raised whether the city actually gets this pwoer and at what rate. Chapman said the cost of producing power is the same no matter who it is sold to. Chapman said the issue is what price the power will be sold for. Chapman said another issue is what is the most economic long term power supply for the city of Aspen. Chapman reminded Council the staff has just negotiated a favorable contract with NMMP. The city of Glenwood has indicated they would like to investigate purchasing Ruedi power. The staff needs to gather a lot of information for th~ Board so they have information and options on the trade offs. Chapman said the city of Aspen is the customer of last resort and may be the best customer. Mayor Stirling said he feems the city would have an obligation to the city's whose money is being used to produce this power, to give them the power at a savings. Regular Meeting Aspen City Council December ±z, Fuller said the question is whether you are giving the best advantaged to selling it to the people who have paid for it or selling it at the best costs. Fuller said Ruedi power will be less expensive that the available alternatives to the city or other potential customers. It will be saleable. Mayor Stirling asked if any other similar projects on the western slope are being proposed. Fuller said not that he is aware of in this scope. Madsen said it does not seem that the focus is on how much is going to be saved and who is going to save. Chapman said the Boards still have to debate that issue. Chapman said if the power bills are lowered, only half the citizens of Aspen will realize savings. If the Boards use the money generated, they could reduce property taxes and then property owners benefit. The Boards will have to decide how the power is priced, who will benefit and how much. Much more information will have to be gathered to make this decision. Fuller said the staff has assumed all lonag the benefits over those necessary to pay the cost Of development, will be available from the first year. This is open to modification. Fuller said the members of the Ruedi Water and Power Authority have lent their support to this project based on the fact there will be some benefits to them from this project. Kinsley questioned the professional liability, and the letter indicating this is an open question. Tom Smith, county attorney, said this issues will have to be discussed with G.E. and S&R before the contract is signed. Smith has been discussed this with the city and county staff to make sure everyone is satisfied with the liability provisions of this contract. Mayor Stirling asked about the Holy Cross contract, the length of it, and the possibility of the city moving into that area. Rick Foster, Musick & Cope, told the Boards Holy Cross has a franchise with the city, the city can compete with Holy Cross in providing electricity. Mu$ick and Cope have been looking into the Holy Cross franchise; this is no~I an exclusive franchise, and nothing in the franchise states no one can compete with Holy Cross. Commissioner Klanderud asked if Holy Cross is interested in buying power from the city. Fuller said there have been some preliminary talks, but Holy Cross has not indicate~ exactly what they are interested in. Fuller said Holy Cross does not need extra power, !i so there is no incentive to buy from the city. Ms. Klanderud asked if the Holy Cross and city rates are the same. Chapman said the city rates in some cases are higher, in most cases are lower. Chapman pointed out if the city were to supply power to Holy Cross customers, the city would have to either buy their system or provide our own, whichever is cheaper. The city and county are looking at annexation, and the implications to Holy Cross become even greater. Chapman pointed out that NMPP in taking on Aspen as an electric customer, realizes a savings in power which ~ they pass on to their customers. Mayor Stirling asked why the city. is taking the responsibility for the costs on this project. Chapman said the only way the county could assume the costs would be to have a ~ referendum. Mayor Stirling said this will be a $4,500,000 bond issue that the city will be on the line form. Councilman Knecht asked why the county is needed. Chapman said the county is the joint holder on the FERC license. Chapman said the bond issue will give the city back its development costs. This has been a partnership since the inception. Chapman said a private sector applied for the FERC license, and the Board decided the city and county ought to also apply for the FERC license. This was also applied for in context! of the Ruedi water sales. Fuller pointed out, on the non-monetary side, the county stands to benefit in terms of maintaining the flows in the Frying plan river, in maintaining down valley economies and making money from the hydropower project available to these communities. Fuller said the city had the economic capability to pursue the project, but the project is 50 miles from the city. Having the county as a partner would help establish credibility of the project. Kinsley said one advantage is tke security of supply; the more the city and county develop their own generation, the less vulnerable are the city and county. Puller said the draft access agreement with th~ BOR is close to the final document. Some language on co-insurance has to be finalized. The FERC license amendment of changing to 5 kilowatts will have to justify it will not create any futher impacts. Child asked if that would put the license in jeopardy. Fuller said this will open the license to challenge but only on the grounds of the amendment, not the original license. Chapman said one of the things FERC reviews is that someone is making the best possible use with the license. This will translate into the most power produced, and this amendment is what FERC would like to see. Fuller said S&R have submitted a cost estimate for design and construction, plan review and resident engineer on the project at $265,000. A potential for savings has been ---~cluded. Fuller saind in terms of the percentage of the total project cost, this contract is high. Councilman Blomquist suggested this is because this is a small project in a field where most projects are huge, but the engineering and checking have to be the same. MacGregor said a big~actor for this percentage is that G.E.s price is low; the engineering did not change that much. S&R originally tkought the project would cost $4,000,000 to construct and G.E.s bid is $2,900,000. MacGregor said this is a cost plus contract. Fuller said the staff will go over the work plan to be sure that the costs are justified. Fuller said given the nature of this project, and that it has to be coordinated with FERC and BOR, and that S&R has been in since the beginning and established good working relationships with all parties, there are strong reasons for maintaining them on the job. Councilman Collins said he would like to continue with Shaeffer and Roland because of their past history. Councilman Collins said using staff as engineers, the savings can be very illusionary. Councilman Collins said he would prefer the consultants have the responsi- bility for the project and carry it to the end. Mayor Stirling asked how much city and county staff time will be devoted to this project. Fuller said the staff is working on how will be in charge. Aspen City Councl£ December 12, 1983 Fuller said on the operations and maintenance agreement with G.E. the staff is just beginning to negotiate it. What this comes down to is who is liable for what. G.E. has proposed a long 5erm maintenance and operations agreement with the city and county. Fuller said the staff will continue to work on this. Mayor Stirling asked if it is normal that the contractor continues the maintenance contract following construction. MacGregor said it is extremely unusual. The usual agreement is that the contractor guarantees his equipment, typically for a year. Because this is an unusual contract, there are advantages in nego- tiating with G.E.; this is an area of business that the city and county are not normally engaged in. The site is remote from the city and county area of business. G.E. would have a better capability of covering unexpected conditions. Ernie Nelson, G.E., said the concept of operation and maintenance is not a normal situation. G.E. does no~ maintain any plants at all; G.E. submitted a list of similar situations in terms of operations of plants. Mayor Stirling asked why G.E. wants to operate this plant. Nelson the RFP asked for it. MacGregory said the idea of operating and maintaining is a whole new area of business. Sheree Sonfield, finance director, said the staff has been looking at a $4,500,000 bond issue in order to finance the project until it produces enough revenue to pay back the bonds. There are capitalized interests for one and a half years, insurance on the bonds, issuance costs, contribution to trailhead funds, repayment of the city's expenditure of $400,000 so far, operation expenses, engineering and construction costs with a 6 per cent contingency, plus interest earnings during construction. Mayor Stirling asked how much of the bond is administrative costs. Ms. Sonfield said the engineering is $266,000 the contingency is $167,000, development costs to date of $450,000. Ms. Sonfield said this will average $500,000 a year for principle and interest payments. Councilman Collins asked what the trailhead payment is. MacGregor said this is related to fixing up any staging areas used during construction. It is a forest service requirement. Kinsley asked if the staff costs could be recouped. Chapman said the only costs that can be recouped are direct out of pocket costs, like payments to S&R and Musick and Cope. Chapman said the city's administrative costs are being recouped by charging the electric fund. Fuller's costs are a contribution to the project and have been very valuable. Councilman Blomquist moved to approve the amendment to the FERC license; seconded by Commissioner Child. All in favor, motion carried. Councilman Blomquist moved to read Ordinance ~76, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~76 (Series of 1983) AN ORDINANCE APPROVING THE TERMS OF AN AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY (AS OWNERS) AND THE GENERAL ELECTRIC COMPANY (AS CONTRACTOR) FOR PERFORMANCE OF WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS FOR THE RUEDI DAM HYDROPOWER PROJECT AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Blomquist moved to adopt Ordinance ~76, Series of 1983, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye;. Motion carried Councilman Blomquist moved to read Ordinance #77, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~77 (Series of 1983) AN ORDINANCE APPROVING THE TERMS OF AMENDMENT II TO THE AGREEMENT BETWEEN THE CITY OF ASPEN AND COUNTY OF PITKIN (AS OWNERS) AND SHEAFFER & ROLD, INC. PERTAINING TO PHASES 4 AND 5 OF ENGINEERING SERVICES RELATIVE TO THE CONSTRUCTION OF HYDROELECTRIC FACILITIES AT RUEDI RESERVOIR AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BAHLF IF THE CITY OF ASPEN was read by the city clerk Councilman Blomquist moved to adopt Ordinance #77, Series of 1983, on first reading; seconded by Councilman Knecht. Mayor Stirling asked what phases 4 and 5 area. Fuller said phase 4 is review and approval of final design plan~and specs and phase 5 is resident engineer and construction management. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye. Motion carried. COUNCIL MEETING CITIZEN PARTICIPATION 1. Franc~s Whitaker said every winter for at least the last five years, citizens have had to call to the attention of Council the deplorable condition of the sidewalks. Whitaker pointed out there is an ordinance which requires snow removal 24 hours after it falls. Whitaker said he is horrified at the condition of the sidewalk, and Council should not have to be reminded about enforcing the ordinance. Whitaker said he would like to see the image of Aspen where citizens can walk safely on the sidewalks. City Manager Chapman told Council the staff, every year, instructs the traffic control officers to check the sidewalks that are not in compliance. The traffic control officers stop in at businesses and issue warning citations with the requirement that the sidewalks be cleaned. The tcos follow up, and if the sidewalk is not cleaned, they issue a citation. City Attorney Taddune said people comply with this regulation once they understand it is their responsibility. Regular Meeting Aspen City Councll uecemDer ~z, ~ Councilman Blomquist suggeSted the ordinance be amended to set up violations of snow removal on sidewalks the same way traffic tickets are handled, and issue tickets for a fine. Chapman said the city has that authority, but the policy has been for the traffic control officers to issue warnings for the first time. Whitaker said in the past he has compiled a list of problem sidewalks and has given it to the city. Mayor Stirling requested the staff to work on this problem and report back. 2. Tim Cottrei1, fire department, told Council Willard Clapper has been on the fire department 25 years and was chief 16 years. Clapper has just retired. Cottrell said Clapper has done a tremendous job for the city and citizens of Aspen. Cottrell, repre- senting the fire department, request a Willard Clapper day. Cottrell also requested the city name the park between the fire station and thrift shop Willard Clapper park. The bell from on top of the fire station will be installed in the park. Cottrell requested the city do a plague for this bell to honor Clapper and 25 years of service. Cottretl also requested a lifetime golf pass for Clapper. Council said this will be put on the December 27th agenda. 3. Pat Fallin, .president of the League of Women Voters, addressed the salary proposals later on the agenda. Councilwoman Walls moved that the salary proposals be discussed first; seconded by Councilman Knecht. All in favor, motion carried. 4. Vanessa deWolfe, from the Aspen Figure Skating Club invided Council to the Ice Show. Ms. deWolfe said there are justifications for the renovations being requested. The Ice Show is December 16 and 17 at 8 p.m. 5. Jim True commented to Council in recognition of the good work animal control has done. True said he has had an opportunity to watch them and wanted to express appreciation of their work. They do an excellent job and show compassion to the animals. COUNCILMEMBER COMMENTS 1. Councilman Blomquist asked how the Isaac report on accessibility is doing, and how the goals task force report is doing. Mayor Stirling said Isaac said his report might be ready for December 27th meeting. Sunny Vann said the goals task force should be done before December 27th. 2. Mayor Stirling said everyone is excited about the prospects of this winter, and the ARA is in place. Mayor Stifling said the town is not fully booked, and word of this should be broadcast to the world. The actual reservations are behind last year. 3. Mayor Stirling said he had a request to rename Fisherman's Park Henry Stein park. Staff said they thought this had been done and would look into it and report back. 4. Councilman Collins said he would report on the Roaring Fork Transit Agency along with the bus bonds lease. 5. Councilman Kneeht said in the Pitkin Reserve project, there looks like a big house being built right on the edge of the road. Councilman Knecht said he would like a report from the plannning office on this. Sunny Vann said his department has had a number of questions about the gatehouse being constructed at Pitkin Reserve. This project was approved and amended through the PUD process. Vann had a report on this drafted, which he has not had a chance to review. Vann said based on preliminary review, it appears the project is being constructed in compliance with the approvals. Vann said he would pass his report on to Council. SALARY PROPOSALS Councilwoman Walls said there was good coverage of this item in the newspaper and she has received a lot of support from the public. Councilwoman Walls is proposing two separate actions; one is that the Council direct personnel director Patsy Malone to do a comparable worth study to see if the city needs to make salary adjustments. This is a complicated process and Ms. Malone will take a course to learn how to !apply the figures and will repor~ back to Council in March. The second proposal is to give an immediate raise of $100 to people in certain job categories that are underpaid. Councilwoman Walls listed five job categories whose pay is below the same jobs in other public or private sectors. Council- woman Walls said this raise is long overdue and is a matter of justice. Councilman Collins said he feels the comparable worth study is certainly appropriate and he would support it. Councilman Collins said he would like the issue of vehicle usage by certain employees be in the scope of this proposed study. Pat Fallin, League of Women Voters, said the League supports the equal rights amendment and support this salary request. Ms. Fallin suggested the city adopt a goal oriented affirmative action plan. Francis Whitaker pointed out there have been three turnovers in the city clerk's office. The cause of the turn overs is salaries and more pay would keep people in the job. Ida Truscott, Aspen Women's Forum, supports both issues proposed. The Women's Forum is concerned about discrepancy of salary between women and men in Aspen as well as nationally. Ms. Truscott urged Council to have a study of comparable worth done, urged a 2 per cent cost of living raise, and an increase of $100 a month in the lower categories. Councilwoman Walls said her focus is on job categories that are mostly filled with women because the pay is low. If there are men in these certain categories, they should also have the raise. Edie Dunn supports these requests. Councilman Blomquist said if Council agrees the study should be done, they expect a solution from that study. Councilman Blomquist said the second part of the proposal is predetermining the study and granting raises without benefit of the study. Councilman Blomquist agreed the study should be done and addressed in March. Mayor Stirling said the initial research done by Councilwoman Walls are clear there is an unjust situation in city hall. Mayor Stirling said waiting for the Aspen ~lty ~ounc~£ December 12, 1983 results of a study seems to be a dilatory tactic. Councilman Knecht said he feels the comparable worth study is a valuable took. Councilman Knecht said rushing into the second part of the programs with some raises seems to be reverse discrimination. Councilwoman Walls said the raises she is proposing are not tied to the comparable with issue. Council- woman Walls said Patsy Malone did a survey this summer of public and private sectors, which showed people in the same jobs at city hall are underpaid compared to the level of training and responsibility for other job. Councilwoman Walls said there are job categories mentioned an her memorandum that are low paid, and that is the second and separate issue. Councilman Collins agreed a number of jobs in the lower eschelon need consideration but he would like to know where the distinction is and which jobs are considered for raises. Ms. Malone said Council needs to consider comparable worth is a moral issue and they are having the study done because Council believes there is discrimination in the city. Mayor Stirling said he feel there is discrimination in the city against woman. The study will produce some mathmatical application to determine the distinctions and specific amounts. Councilman Blomquist said he feels there is discrimination but has no idea how wide spread it is, where it is, etc. Councilman Collins moved to proceed with comparable worth study; seconded by Councilwoman Walls. All in favor, motion carried. Councilwoman Walls moved to give $100 raise to the job categories listed in her memorandum; seconded by Councilman Collins. Councilman Collins said he would like some specificity to the classifications Council is addressing or to have a proviso in the motion to provide that information as a condition of the motion. Chapman said the city passes an ordinance very year with the pay classifi- cations, and this would be covered in that particular ordinance. Councilwoman Walls said she feels the lower ranges should be adjusted first. Councilwoman Walls moved to amend her motion to direct the city manager in his salary recommendation for 1984 to include $100 per month raises in grades 1 through 9; seconded by Councilman Collins. Chapman asked if Council is doing this as an economic reason at the lower end of the salary scale, and these adjustments will be made whether there is a male or female in the position. Councilwoman Walls said in the past the raises have been a percentage, which increases the difference between the high end and low end. The personnel at the lower rates just stay where they are. All in favor, with the exception of Councilmembers Knecht and Blomquist. Motion carried. 1984 BUDGET RESOLUTION Mayor Stirling said the budget has increased 29 per cent since 1979, and the city staff has grown from 130 to 160 workers. Mayor Stirling said during this time, the size of Aspen has remained static, fewer tourists, and the sales tax is less reliable. Mayor Stirling said hte 1983 sales tax revenues will be 2 or 3 per cent less than projected. Mayor Stirling said it would be poor planning to count on a 4 per cent increase in sales tax for 1984. Mayor Stirling said the businesses that have survived the recession of the last four years, have economized and become more efficient. Mayor Stirling said reducing the 1984 budget will not cut into essential services; services are not dollars. Mayor Stirling said the city of Aspen must learn to manage its resources better. Mayor Stirling said he and the Council were elected with a charge to make the government more efficient, not to protect the status quo of a growing bureaucracy. Mayor Stirring proposed a 10 per cent reduction in the 1984 budget, which will let citizens and tourists feel direct benefits. Mayor Stirling said of the 10 per cent reduction, 75 per cent will go towards the "pay as you go" capital improvements including Neale street bridge, roads, undergrounding utilities, trails, upgrading city properties. The other 25 per cent will aid the water fund. Mayor Stirling proposed not making any salary increases for any city staff earning over $20,000. Mayor Stirling proposed decreasing education and fitness budget, the travel budget. Mayor Stirling said meals in the city of Aspen should not be paid for. Any unnecessary jobs or vehicles should be reduced. Mayor Stirling said there should be no personal use of city vehicles. Mayor Stirling proposed to cut some benefits, such as increased health insurance. Mayor Stirling pointed out the health insurance is increasing 60 per cent, and who should pay for it. Mayor Stirling proposed individual should pay $5 per month and employees with dependent coverage should pay $10 per month to make up the short fall. Mayor Stirling presented the 1984 budget narrative and Resolution 938, 1983, adopting the 1984 budget. Finance Director Sheree Sonfield said the budget as presented is the one Council approved in the budget hearings from last September. There were some changes made at that time and they are included in this resolution. Ms. Sonfield identified the changes; council approved a $67,000 grant for the Neale street bridge, which is 80 per cent of the total project. Council approved $16,800 for the matching grant from the capital project fund. Ms. Sonfield said in the recreation department they will have to pay for two vans because the transit agency is taking over transportation. There is a difference in the communications budget of $13,500. Ms. Sonfield pointed out the Council has approved expenditures of $5200 for the tipsy taxi and $8,000 for the Coors classic. Ms. Sonfield said there was a savings in Council non-profit budget, and an additional allocation for the CML dues, which was left out of the budget. There is a net savings.in the joint departments of $4,000. Mayor Stirling said the expenditures in the general fund for 1984 are $4,722,686 and he would like that figure reduced by 10 per cent. Ms. Sonfield said the proposed 1984 budget is only 1/2 per cent over what staff expects the final 1983 budget to be. Mayor Stirling said during budget hearings, the Council voted not to raise the mill levy, they reduced the proposed arts requests by 25 per cent, Council granted less than half of the requests for non-profit Regular Meeting Aspen ~lty ~ouncl± ~ecemDer ±z, ~ group requests. The Council has been moving towards reducing the budget and being fiscally responsible. Mayor Stirling said he feels this is a critical time and a time to make a change. Mayor Stirling said the Council only increased one fee, the liquor license fee, which was requested by the restaurant and bar owners. Mayor Stirling said to hope to get a 4 per cent increase in sales tax revenues and to build a budget around that is backwards. Mayor Stirling said a 10 per cent budget cut would create $470,000 to be used in captial improvements and in the water fund. Councilman Collins agreed there have been increases over the last few years in the size of the government. Councilman Collins said the city is facing some problems in the water fund. There are essential government projects that need to be done in the capital improvements. Councilman Collins said he would generally support a recommendation to reduce the budget by 10 per cent. Councilman Collins moved to adopt the budget with a 10 per cent reduction in the general fund of $4,722,686; seconded by Mayor Stirling. Councilman Knecht said the Council went through a long budget process and this general cut was never brought up. Councilman Knecht said based upon the fact the revenues may not be coming in does not mean Council should necessarily cut the budget. Councilman Knecht said if the budget is cut, services will be cut. Councilman Knecht said he feels that capital expenditures should not be spent without a vote. Councilman Knecht said "pay as you go" should be for things like maintenance; long range capital improvements should be done with bonding. Councilman Knecht said now is when Aspen really needs full services to support the city. Councilman Blomquist said if any budget cutting is to be done, the Council should study individual situations to make a knowledgeable adjustment. Councilman Blomquist said he would be willing to take the time to do that. Councilman Blomquist said an across the budget reduction is not a proper approach. Councilman Blomquist said the budget as ~ presented is well thought out and well done. Councilman Blomquist said the city has worked over the last few years to get the city into a good financial position. Councilman Blomquist said the city should be investing in the future of the community; there may be some places more money needs to be spent. Councilman Blomquist agreed there are places in the budget that can be cut, but they should be identified and researched. Councilwoman Walls agreed the 1984 budget needs to be cut because it depends on an increase in sales tax that may not be there. The city is behind on projected sales tax income in 1983. Councilwoman Walls said a 10 per cent cut seems like too much; it will cut back ~ beyond the 1983 budget. Councilwoman Walls suggested cutting the 1984 budget to the 1983 budget level, which will still be a cut taking inflation into consideration. Councilwoman Walls said she would support a 4 or 5 per cent cut. Mayor Stirling pointed out there are always unexpected costs the city has not considered. Mayor Stirling is propsoing supplementing funds that are beleagured, such as the water fund. Mayor Stirling pointed out the Council is talking about $4,500,000 more bonds for the Ruedi project. Mayor Stirling said the city should not raise any fees or levies or to continue to look for other sources of income. Councilman Collins, Mayor Stirling in favor; Councilmembers Knecht, Blomquist, and Walls opposed. Motion NOT carried. Councilwoman Walls moved to reduce the 1984 budget lin the general fund by 5 per cent; seconded by Councilman Collins. Councilman Collins said he feels these adjustments should be made without cutting across the board, and would hope that the Council will do this on a select basis. Councilman Blomquist said the Council should adopt Resolution #38, 1983, as is, and have the staff come back with suggested cuts and a resolution to adopt that. Councilman Blomquist said there has been no specificity on where to cut and he would like staff proposals on where this 5 per cent should be cut. Councilmembers Collins; Walls, and Mayor Stirling in favor; Councilmembers Knecht and Blomquist opposed. Motion carried. Councilman Knecht moved to adopt the balance of Resolution #38, 1983, seconded by Council- man Collins. All in favor, motion carried. ORDINANCE ~55, SERIES OF 1983 - Time Share Changes Mayor Stirling opened the public hearing. Alice Davis, planning office, said there are four issues discussed for changes in time sharing. The first is the zone districts which should allow time sharing; the first reading allowed time sharing in L-l, L-2, and L-3 and removing it from RMF, CC and CL. P & Z has recommended the three lodge districts as well as CC and CL, and remove it from RMF. Ms. Davis said the planning office agrees with the P & Zs recommendation, but understands Council's approach to see what the ramifications are. If Council wants to restrict time sharing, they should leave it out of L-3 and CL. The purpose of the CL zone is for mixed uses of commercial and lodge, and time share projects under the code have to be 100 per cent. Also the CL district is almost built out~ Ms. Davis said the L,3 is controversial; P & Z and the planning office agree this is where the most benefit of upgrading requirements. P & Z has stated several times one reason they want time sharing is for the L-3 zone. Ms. Davis said the second issue is the giving of gifts. The ordinance on first reading said the giving of gifts should not be allowed in any form. P & Z recommends allowing the giving of gifts but to prohibit the giving of gifts in a deceptive manner. P & Z recommends adding language to define a "deceptive gift", to prohibit misleading gifts, like gimics; to prohibit giving of gifts to a large group on a wide-scale basis; time share advertisements cannot offer the gifts; reitering the city will have a case by case review to review every marketing aspect. Aspen city Council December 12, 1983 Ms. Davis said the planning office agrees with P & Z gifts should not be deceptive but there is a useful purpose for giving ef gifts; there are some acceptable gifts. The third area is providing handicap access; this is already provided by state law in the Uniform Building Code. Councilwoman Walls pointed out the Board of Appeals can grant a variance if an alternate method of access is given, and asked what the Prospector Lodge offered as an alternate. City Attorney Taddune told Council the Prospector appealed to the Board of Appeals who deferred the decision to the City Council. Ms. Davis said the Board granted the variance and told the applicant they would waive the handicap requirement if the applicant could get Council to provide a Code amendment. This was not handled appropriately by the staff. Ms. Davis said the first reading of this ordinance included an annual licensing program and fee to monitor time share projects in the city. P & Z disagreed feeling this was cumbersome and time consuming and woul5 be an administrative hassle. P & Z recommended a quarterly review of all time share projects until the project has sold all initial sales. This would be conducted by the planning office, who would review all sales and marketing materials. The project woul~ be charged the additional billing rate of the planning office. Ms. Davis said the planning office feels this would be very time consuming and would probably take a full time staff person. The existing regulations give Council the right to implement a monitDring program at any time. The licensing fee has not been discussed, but any reviews should pay for themselves. Mayor Stirling said the Council has be~n through hearings en time sharing since 1982 and in the last six months. David Zaagman said there are good and bad points to time sharing, and it is Council's job to pick out what is good and what would cause harm. David White, P & Z member, said the P & Z has gone 9ver this issue extensively and feel their recommenda- ticns for time sharing are as good as they can be. White said the P & Z wants time sharing in every zone but RMF, and the P & Z is strong on quarterly review. Gideon Kaufman said the controversy surround the RMF zone, and the consensus is in eliminating the RMF zone from time sharing. Kaufman said ~liminating the CC zone goes against the staff, P & Z and committees recommendation. Kaufman said it does not make sense to eliminate time sharing in a tourist area. Kauf~n urged Council to adopt the recommendation of P & Z and the planning office. Kaufman said he did not feel it was po.~sible to enfoce an outright prohibition on the g~vlng of gifts. Time sharing is a re.~l estate sale, and real estate agents do buy clients lunch or a drink. The P & Z came up w.th a list of ideas they wanted outlawed as far as g~fts. The key in the P & Z's recommei~dation in the the advertising, one cannot advertise gifts or trips. The P & Z recommendat.on will preserve people's ability to market the units. Kaufman pointed out in two yea~s of time share studies, the staff and P & Z positions, have evolved and the recommendations h.~ve bee to adopt time sharing with strict reviews in this ordinance. Kaufman said all the .nput received from staff, public and P & Z have been positive on time share. The Coun.~il should listen to these recommendations. Charlotte Slater said these time share owners will be part of the community, they will live here and have a stake in the community Mayor Stifling closed the public hearil g. Mayor Stirling said this Council inherited the time share ordinance. A lot of work on research went into the time share ordii~ance. Mayor Stirling said time share has potential to be of economic benefits; has the ability to bring business in the shoulder season, it has the potential to employee people ~ar round. Mayer Stirling said he feels this will increase sales tax revenues by the amount of spending these people will do. The time share owners will be using the property as owners and their attitude toward the property will be different. Mayor Stirling said he would support the removal of the CL zone and the RMF zones. Mayor Stirling said he would leaving in the giving of gifts as allowing as there are enough monitoring devices. Mayor Stirling said, as far as the handicap access, he would go with P & Z recommendation. Mayor Stirling said he would accept the quarterly review. City Attorney Taddune recommended giving staff the direction on these four issues, and he would like the opportunity to refine the ordinance before Council votes on it. Councilman Blomquist said he wants time sharing limited to L-1 and L-2 only, no other zones. Councilman Blomquist said he would prohibit giving of gifts but not lunch or normal type real estate business practices. Councilman Blomquist said he wants transportation and lodging out. On the handicap access, the ordinance should be specific about it. As far as licensing, Councilman Blomquist would strike the section. Councilman Blomquist said he would prefer an annual review. Councilwoman Walls said she would allow time sharing in L-l, L-2, L-3 zones. Councilwoman Walls would agree with Blomquist on the giving of gifts and exclude transportation and lodging, and would leave the rest of the ordinance the way it is. Councilman Collins said earlier Council discussed repealing time sharing and he would rather repeal time sharing than amending the ordinance. Taddune said he is researching prohibiting time sharing but is not ready to render an opinion. Taddune said the approach taken by the last Council is more defensible as opposed to prohibition. Taddune told Council that time sharing has been recognized as a legitimate form of real property owner- ship, which weakens the ability to totally prohibit time sharing. Councilman Collins said he would support time sharing only in L-l, L-2 as the L-3 zone is similar to RMF and is incompatible with residential neighborhoods. Councilman collins said the giving of gifts should be prohibited. Councilman Collins said the handicap access should be · ncluded witk specific language. Councilman Collins said on licensing he does not have strong feelings, but would not like to see a lot of administrative work on this. Councilman Knecht said he would rather repeal the time share ordinance. However, if it is ~o be amended, he would vote for L-1 and L-2 only; no gifts as it is too hard to police; handicap access should be left in. Councilman Knecht said on the licensing and policing of time share, someone will have to pay for it. Councilman Knecht said he feels there should be strong fees on a yearly basis paid to monitor time sharing. Councilman Knecht said he would like to hear from the attorneys on repealing time sharing all together. Councilman Knecht moved to table Ordinance ~55, Series of 1983, until December 27, 1983; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. ORDINANCE ~61, SERIES OF 1983 - Business Occupation Tax Mayor Stirling said this is a discussion of the reconsideration of this ordinance which adopted a tax on every single employee $25 per year. There has been some confusion on the definitions and when the time period would be. Councilman Blomquist said this is a tax on the business but by employee count, which is the way it has been done in the past. Councilman Blomquist drafted a definition of employee for this ordinance. Mayor Stirling recapped the original Ordincne #61, 1983, was a 10 per cent increase of the business occupation tax to $110, $220, and $440. During the second reading, the ordinance was amended that the business occupation tax was to be $25 per employee in any business. Mayor Stirling opened the public hearing. George Byers said he is opposed to the $25 per employee license, and urged the Council to consider something more equitable and more balanced. Byers said under this ordinance, larger organizations would pay far more than smaller ones to do business in Aspen. Byers said larger businesses are not more profitable than small businesses. Byers said full time employees should not be perceived as a liability. Francis Whitaker said his business is outside the commercial core. Businesses are being taxed to' make improvements in the commercial zone, for which not all businesses benefit. These improvements should be paid for out of the gsneral fund not out of a business tax. Whitaker said the Council should make provisions for self-employed persons or senior citizens. Whitaker said if the city is going to provide services to businesses and tax them, the city should provide equal service. Whitaker suggested the city drop this tax to $50 and not fund the CCLC improvements. Charles Hopton said this amendment may raise the city less money for the city than the present structure. Hopton said he felt the $25 per employee amendment is totally off base. Jerry Hewey, manager of Aspen Alps, presented a letter to Council. Hewey said the concept of charging per employee would penalize larger employers, the service oriented businesses. This concept is in contrast to the theories of the businesses in hospitality. Hewey said there is a misunderstanding that the larger the establishment, the larger the net return. Hewey said Aspen should encourage good service, and businesses should not be discouraged in this effort. Molly Campbell, The Gant, said the lodging and tourist oriented businesses have.made a commitment to high levels of quality services. This requires a lot of employees, which also requires good training, good motivation, good bonus incentives, which cost money. These businesses are dedicated to doing this. Ms. Campbell said these businesses feel they have lost a partner. Ms. Campbell said money to pay an employee head tax will come out of services, out of marketing, out of operations. Bil Dunaway said the reports from staff indicates this will not increase revenues to the city. Dunaway said this is inequitable to largers businesses. The city cannot police this and will not get as much revenue as projected. Wainwright Dawson said he feels this is a good opportunity for~ Council to show businesses, who could use some money for marketing, to cut this tax back to $50 and show the community the city is trying to help them spend money in the right place. Mayor Stirling closed the public hearing. Councilman Knecht said Hewey pointed out that Aspen should continue to provide an abundance of service and anything the Council does to penalize the abundance of service is not good. Councilman Knecht said the city should take the funds from the business license tax, put it in the general fund and fund the CCLC from the general fund at whateve.r level the Council feels comfortable with. Councilman Knecht said this business license fee should go back to what it was without any increase. Taddune said he would have to amend the original occupation tax because there was a clause on how the money would be spent. Taddune said if Council defeats this ordinance, the business license tax will be $100, $200, $400. Councilman Knecht moved to defeat Ordinance #61, Series of 1983; seconded by Councilman Collins. Roll call vote; Councilmembers Blomquist, nay; Knecht, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. Councilman Knecht moved to instruct staff to bring back a recommendation to Council on earmarking the funds based on putting the revenues into the general fund and then funding the CCLC; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #64, SERIES OF 1983 - Cable Television Assistant City Manager Ron Mitchell requested a study session on this Ordinance on December 20, 1983 from 5 to 7 p.m. Councilman Knecht moved to tabled Ordinance ~64, Series of 1983, until December 27, 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~65, SERIES OF 1983 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance ~65, Series of 1983, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Blomquist, aye; Walls, aye; Knecht, aye; Collins, aye; Mayor Stirling, aye. Motion carried. Aspen City Council December 12, 1983 ORDINANCE #66, SERIES OF 1983 - Bus lease bonds agreement Mayor Stirling opened the public hearing. City Attorney Taddune said there is a memorandum from bond counsel explaining significant changes made to the lease agreement resulting from discussions with UMTA, who had problems with the lease arrangement. Taddune said the county, who is the grantee, divested itself of continuing control over the grant proceeds. UMTA is objecting to any use of the proceeds which has not been approved in advance by UMTA. Taddune told Council the lease has been changed with a new section giving the county absolute control, changes have been made affirming the concept this is a joint enterprise and that the city will share in 50 per cent of costs. Taddune said the only the city city is encumbering to fund the lease, which is clearly stated, is the seventh penny. The city's obligations are limited to the funds received from the seventh penny. The option agreement will protect the city's interest in the event the city decides it wants to be in the transportation business. The continuing control problem was solved by language inserted giving the city the right to cash out the county, get back into the transportation business by paying the county its investment in the project and any expenses. Taddune said the county is the grantee and title owner, subject to the city's 50 per cent right to use and acquire under the lease and the option to purchase the system throughout the useful life of the premises, which are defined as the building, land, and equipment. The lease agreement was drafted by the city' bond counsel. This is a complicated financing mechanism to get the city's seventh penny to fund a joint consolidated transportation system. City Manager Chapman told Council the city's limit of liability is the city's seventh penny; it can go to no other resources of the city. If the county-wide sales tax ever goes in place, it can only do so with a vote to repeal the city's seventh penny. Chapman said this is set up so that other obligations out of the seventh penny will be funding from the county-wide sales tax, like outstanding debt service, food tax rebates, some mall maintenance. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance #66, Series of 1983, on second reading as amended with the option agreement; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Collins, aye; Knecht, aye; Mayor Stifling, nay~ Motion carried. RFTA REPORT Councilman Collins told Council the RFTA met last week, the city attorney was there to explain the city's policy regarding open meetings and executive session. The RFTA agreed to ask for an a/~endment to the by-laws to cover that policy~ Councilman Collins said the Aspen skiing Company contract was brouqht up and was discussed in open session. The bus service agreement is still open to discussion, and Councilman Collins said it would be more suitable for Council to wait until these questions are reconciled. The interim agreement with the RFTA and the Skiing Company is in force. Councilman Collins said some of the questions outstanding in the bus agreement are about termination; full cost versus marginal costs; the buses being used exclusively for Skiing Company employees; and accumulated employee benefits. The RFTA voted not to accept the liability of $50,000 toward accummulated employee benefits. Councilman Collins said these emp!oyee benefits are accrued vacation and sick leave. Councilman Collins said the Council should address this issue and respond to the RFTA. Mayor Stirling suggested this be put on the December 27th agenda. Councilman Collins said the city had these funds in the seventh penny to take on this obligation, and these funds have been transferred and should be taken care of. ORDINANCE #67, SERIES OF 1983 - M.AoA./Wheeler Lease Mayor Stirling opened the public hearing. This item is not ready for vote. Mayor Stirling continued the public hearing. Councilman Knecht moved to table Ordinance #67, Series of 1983, and continue the public hearing to December 27, 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #69, SERIES OF 1983 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance #69, Series of 1983, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquist aye; Walls, aye; Mayor Stirling, aye. Motion carried. 3.2 BEER LICENSE APPLICATION - Your Pizza Run Mayor Stirling opened the public hearing. City Clerk Koch reported the files, posting and publication to be in order. Mayor Stirling asked the applicant how long Your Pizza Run had been in business. Tom Laucks said five years. Laucks presented a menu and told Council this is a delivery business of pizzas and other dinners. Laucks told Council 75 per cent of the people calling for orders want beer delivered, and it is against the law to go to the liquor sotre and buy beer for other people. Laucks said he would like to be able to sell beer and wine but whould have to have a full liquor license and a separate establishment. Laucks said people like to drink beer with pizza. Regular Meeting Aspen City Councl± ~ece~ z~, Mayor Stirling asked for opponents to the issuance of this license. There were none. Mayor Stirling closed the public hearing. Councilman Knecht moved that based on the evidence presented at the public hearing, to approve a 3.2 beer license for Your Pizza Run; seconded by Councilwoman Walls. All in favor, motion carried. CITY'S ROLE IN RESORT TASK FORCE Mayor Stirling said the Council should establish a task force to study the role of the city in the resort - Aspen. Mayor Stirling proposed the task force be in effect by the first of 1984 and report back to Council by April 1984. Mayor Stirling suggested some areas of study as city as host; visitor's center; ice rink; employee housing; trails; taxis for drunks; evolution of city as a major international sports center; city's role in continuing evolution as arts and cultural center; city's role as leader in policy setter. Mayor Stirling said some citizens have indicated interest in being part of the task force;i! Roby Albouy, Margaret Albouy, Wainwright Dawson, David Fleisher, Fritz Benedict, Jack Brendlinger. Mayor Stirling said he would llike to appoint representatives from Aspen Highlands, ARA, CCLC, M.A.A., Arts Council, recreational clubs, hospital, restaurant/bar association, and lodging community. Councilman Blomquist suggested the ARA share in the responsibility of this task force, and that the assignment for the task force be tightenedI up to make it more clear. Councilman Blomquist said he feels there is need for a series of task forces. Councilman Blomquist said Council should have a planning session on needed task forces and their assignments. Councilwoman Walls said the task force could define its own areas of study. Councilman Blomquist suggested waiting until the goals task force report is given to them. After the report, the Council may want to combine some functions. Councilman Blomquist moved to table this until Council has the report and can consider the whole program; seconded by Councilman Collins. All in favor, with the exception of Mayor Stirling. Motion carried. DOG ORDINANCES Councilman Blomquist moved to table this item until January; seconded by Councilman Collins. Ail in favor, motion carried. 1984 LODGE GMP COMPETITION - Aspen Mountain PUD Art Daily presented the three principles of this project. John Roberts, chairman of the board of American Century corporation, which is a publicly traded company; Alan Novak, who has been the chief liason in Aspen; Bob Calloway, developer and architect for 30 yearsl in quality resort projects. Calloway told Council he is responsible for the development team for the design and construction of the project. Calloway said this project has the developers first priority and they are prepared to make a long term commitment to Aspen. Sunny Vann, planning director, said this is a 12 acre PUD involving a lodge project on the sites of the Aspen Inn and Continental Inn, a 33 residential unit at the top of Mill street, and 12 units at the old 700 South Galena site. The applicants competed in the 1984 lodge GMP competition and were successful. Vann told Council the scoring has been appealed by the only other applicant. The P & Z is still reviewing various reviews of this project; it is a complex project. Vann said this meeting is a general presentation of the project by the applicants. Vann said there is a January 1 deadline for the alloca- tion of quota, which has been waived by the two applicants. The appeal will be held December 27 by Council. Joe Wells, representing the applicant, presented executive summaries of the project and told Council there are full copies if they would like them. Wells showed the site plan of the project, showed an aeriel of the site with the four parcels involved. The top of Mill site is proposed for 33 unit residential development. The lodge parcel assumes the Continental~ Aspen Inn and Blue Spruce would be demolished and in their place a 480 lodge room facility will be built. The lodge facility will be two separate U-shaped structures one on either side of Mill street connected by a bridge linking the two structures. Wells. told Council the employee housing will be on three sites, one the conversion of the Copper~i Horse on Main street, the conversion of the Alpine Haus on Durant and 50 employee units to be built on Ute avenue on the same site of the housing approved for the Little Annie project several years ago. Wells showed the 480 room proposal with the amenities, including a conference facility of 22,000 square feet with a major ballroom, meeting rooms, etc. underground. There will be underground parking for 315 cars. The recreational amenities include two pools, one on each side of the facility. One of the reflecting pools will be an ice rink in the winter. There is a ski trail easement linked into the existing trail system. The open space has two acres tied up in perpetuity. Wells told Council the owners of the hotel have consented to the formation of a lodge improvement district for the entire lodge district. Wells said if this district proceeds, the applicants feel they could make a major commitment to upgrading the street scape in the entire neighborhood. Wells said architecturally, obiously the facility is large to support the high level of amenities. The applicants are not unaware of the need to maintain the scale with the surrounding neighborhood. They have tried to pull the building back from Durant street so that it is not immediately on the sidewalk. Terraces have been excavated out so that the interiors of the wings of the building can go below existing grade. The wings of the building are turned at 45° angles to get the best exposure and also tO break up the facades so it does not seem like one monolithic structure. The height has been moderated so that it is a varying facade and does not read like one continuous roof structure. The archi- tecture has evolved as a result of P & Z meetings. Wells said the applicants hope to complete the project by the end of 1985. ~.~ ...... ~==~l~ aspen ~lty Counci± December 12, 1983 John Doremus said the big issue is does Aspen want and need a first quality hotel. Doremusi said the 1982 short term accommodations report supports this. Doremus quoted from the report that Aspen has not gotten any lodge rooms since the GMP. The only addition to the lodge inventory since 1975 have been the completion of the Gant, 54 rooms at the Woodstone, and the uncompleted Aspen Inn. The report states the inventory of short term units has been frozen to that of the mid-1970's, and there has been an attrition of some of the smaller lodges to other uses. Doremus said the issues of feasibility for the develOper are land price, which have been controlled by the bankruptcy issues, land size. Doremus said the applicant has had studies done for the feasibility of this project, which determine the number of rooms. The applicants arrived at a number of units which could fit the site and be a successful project, which is 480 units. Doremus said this project would clean up a substandard area in the center of town. The support facilities and the amenities would be available for the first time in Aspen. Doremus said this operation will bring people to town who want a full service facility. The hotel will produce off season business through marketing and utilization of the conference facilities. Doremus said they plan to underground all utilities on this site. They would also be adopting a unified street scape plan for 12 acres in the center of town. Doremus gave Council some figures from the feasibility consultants. In the early years, the payroll will be $6,900,000 a year; the taxes will be in excess of $1,000,000 per year. The first year revenue projects of $10,000,000 in rooms, $6,000,000 in food and beverage and $22,000,000 spent in retail, service and restaurants throughout town. Doremus said this would be growth in Aspen. They are proposing 480 lodge units, of which 277 units already exist, which is a net growth of 203 units. The applicant has past years allocation of 50 and this years allocation of 35; taking that from 203 units is 118 units. The applicant is taking two existing lodges and converting them to employee housing; this is taking 60 units off the market. If this figure is subtracted from 118 units, there is remaining 58 units. This project will take two years to construct so that the next two years allocation could be used. Doremus said provisions of the code were written so that projects of this size could be built. Doremus said regarding the residential projects, one is single family and duplexes of 33 units; the other is a condominium of 12 units, and one additional unit at Summit for a total of 46 units. Doremus said there are 40 units existing now, which ill be removed so this is only a growth of six units. As far as the demand on services, the water, sewer, haVe advised the increase can be handled. Doremus said the applicant is making significant line improvements which will upgrade the whole system. The transit center is across the Street from the hotel. Another issue is the size and threat of blocking views. Wells has addressed this. The applicant has 480 units on 5 acres; it has over the required amount of open space. The floor area ration is 1.27:1, which is a true indication of the bulk of the facility. Doremus said in dealing with the height, the code refers to the relationship of the proposed building with the existing developments. There are two existing projects in the area over 60 feet and another over 55 feet. The por~ects maximum height range will be ±52 feet, and the applicant feels they are Conforming to the existing neighborhood. The project will provide for 100 per cent of the requirement for parking underground. Doremus told Council their traffic planner has indicated there will be one more car per traffic signal cycle as a result of this project. Larry Stricker, architect for the project, invited Council to come and view the model of the project, which is at Doremus' office, and he would welcome any comments. RESOLUTION #39, SERIES OF 1983 - Allocation of L-3 Quota Colette Penne, planning office, said the results of the scoring at P & Z for these projects is in her memorandum. The Aspen, formerly Applejack, requested 3 units; the Hotel Lenado requested 4 units for a total of 7. The available quota in the L-3 zone is 10 units. Both projects met the threshold, but the Aspen has to have 20 parking spaces. The Aspen put in some amenities which reduced the parking and they have to provide this parking or get a variance. Ms. Penne said it is unfair to hold up the Hotel Lenado while the Aspen is working on their parking problem. This resolution only allocates room to ~ the Hotel Lenado. Councilman Knecht asked if the four rooms are included in the present Hotel Lenado. Ms. Penne sai'd they are part of the structure as they got an FAR bonus; however, the understanding was nothing could be occupied until they successfully competed in GMP. Councilman Blomquist moved to adopt Resolution ~39, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #75, SERIES OF 1983 - Waiving Utilities for the Ice Rink Councilman Blomquist moved to read Ordinance ~75, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #75 (Series of 1983) AN ORDINANCE PROVIDING FOR A ONE HUNDRED PERCENT (100%) EXEMPTION FOR ELECTRIC SERVICE AND WATER SERVICE USAGE CHARGES AND EQUIVALENT SUBSIDIES FOR THE ASPEN ICE GARDEN FACILITY; SETTING FORTH THE PERMITTED USES FOR THE EXEMPTION AND SUBSIDY MONIES, SUCH BEING FOR CAPITAL IMPROVEMENTS TO THE ICE GARDEN AND PROGRAMS TO REDUCE FEES FOR PUBLIC USE OF THE ICE GARDEN; AND SETTING FOR A PROCEDURE FOR AN ANNUAL FUND TRANSFER was read by the city clerk Mayor Stirling said he feels the ceiling is the lowest priority of the three requested items; however, the ceiling may draw more people. Ted Armstrong, recreation director, said that as well as it will reduce the use of electricty. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye; Collins, aye; Mayor Stirling, aye. Motion carried. Reqular Meeting Aspen Cit~v Council December 12, Councilman Knecht said Council should give staff some direction on what should be financedi! and how it should be financed. Councilman Knecht said he feels Council should go for the whole program, Zamboni, cooling,tower and ceiling as requested by staff. Councilman Knech~ said he would like to do these improvements through a loan, pay the interest and get the use of the improvements. Mayor Stirling suggested that the ice rink not be exempt from electric charges when the payments are over. City Manager Chapman said Council can rescind an ordinance at any time. Councilman Collins said transferring funds from department to department is a policy approach, Council should look at what this portends. Councilman Collins said he supports the improvements and would like to see a look at other methods of financing. STOPLIGHT AT CASTLE CREEK Councilman Collins moved to table this; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~74, SERIES OF 1983 - Lease Agreement for Animal Shelter Councilman Knecht moved to read Ordinance ~74, Series of 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #74 (Series of 1983) AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY AND COUNTY AS LEASSEES AND STEVE SCHUBERT (CRITTER CORRAL) AS LEASOR FOR ANIMAL CONTROL SHELTER WHICH LEASE IS ATTACHED AS EXHIBIT "A" was read by the city clerk Bill Tuite, finance department, said the city is working on a formal lease with Schubert, but does not have one at this time. Tuite recommended proceeding so public notice will given. Tuite said the staff would like to get a commitment from the county for this facility at a joint meeting. The staff has been negotiating with Schubert to buy the facility or for a long term lease. Councilwoman Walls moved to adopt Ordinance ~74, Series of 1983, on first reading; seconde~ by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquisti~ aye; Walls, aye; Mayor Stirling, aye. Motion carried. ORDINANCE 971, SERIES OF 1983 Planning Office fees for 1984 Councilman Collins moved to read Ordinance #74, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~71 (Series of 1983) AN ORDINANCE REESTABLISHING THE LAND USE APPLICATIONS FEES CHARGED BY THE ASPEN/PITKIN PLANNING OFFICE AND REPLEAING ORDINANCE NO. 82 (SERIES OF 1981) AND ORDINANCE NO. 67 (SERIES OF 1982) TO THE EXTENT SAID ORDINANCES ARE INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN was read by the city clark Mayor Stirling said these fees look like a high percentage increase. Sunny Vann, planningll director, said the fees are fixed to the cost of living associated with increased wages. These fees should cover about 100 per cent of the city's case load work. Councilman Colli~s said he does not see it necessary to increase these fees every year, maybe every other year. Vann said it has been Council's policy to wash the total cost of code administration function. City Manager Chapman said the planning office the first year covered only 50 per cent of the case work, after the second year it was increased to 100 per cent. After that, the fees will keep even with the cost. Vann said it has been the policy to pass the costs onto the public; if Council wishes to subsidize these costs, it is fine. Councilwoman Walls moved to adopt Ordinance 971, Series of 1983, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Walls, aye; Knecht, aye; Mayor Stirling, nay. Motion carried. ORDINANCE 472, SERIES OF 1983 - Workers Compensation, Self Insurance Pool Assistant City Manager Ron Mitchell said the city will save approximately $30~000 annuallylI by joining CRISA workers compensation plan. Mitchell said this appears to be a good deal for the city. Councilwoman Walls moved to read Ordinance ~72, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried° ORDINANCE 972 (Series of 1983) AN ORDINANCE APPROVING THE CITY'S PARTICIPATION IN THE SELF INSURANCE POOL FOR WORKER'S COMPENSATION (CIRSAWC) AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT FOR A SELF INSURANCE POOL ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilwoman Walls moved to adopt Ordinance ~72, Series of 1983~ on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blom- quist, aye; Mayor Stirling, aye. Motion carried. GOLF COURSE LICENSE AGREEMENT - sleigh Rides Monroe Summers presented a lease with Bob Holmes and told Council each year there has been a contract with one or more horse outfitters to provide sleigh rides on the golf course. 3611 Regular Meeting Aspen City Council December 12, 1983 Summers told Council the last few years this has not taken place due to the snow conditions. This contract is the same as in years past~except the fee, which is the past was a per week fee when the course was used. Circle B has offered to pay $300 in advance for the entire season. Summers said the'contract will protect the golf course. They will operate in conjunction with the Red Roof Inns. The course goes outside the cross country ski track. Bob Holmes told Council he will advertise through TV, the Daily News and the lodges. Holmes said he has been operating at the Pomagranate since summer. Councilwoman Walls moved to approve the golf course license agreement; seconded by Council- man Collins. Ail in favor, motion carried. ORDINANCE #73, SERIES OF 1983 - Appropriations Councilman Collins moved to read Ordinance #73, Series of 1983; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE ~73 Series of 1983) AN ORDINANCE APPROPRIATING GNEERAL FUND EXPENDITURES OF $28,775; RECOGNIZING GENERAL FUND REVENUES OF $171,250; APPROPRIATING WATER FUND EXPENSES OF $3,827,100; APPROPRIATING POLIC PENSIONS OF $80,400; APPROPRIATING LAND FUND EXPENDITURES OF $4,500: TRANSFERRING $30,000 FROM THE LAND FUND TO THE 1982 SALES TAX REVENUE AND IMPROVEMENT REFUNDING FUND; APPROPRIATING 1982 SALES TAX REVENUE REFUNDING FUND EXPENSES OF $40; TRANSFERRING $40 FROM THE TRANSPORTATION MALL FUND TO THE 1982 SALES TAX REVENUE REFUNDING FUND; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $5,000; RECOGNIZING CAPITAL PROJECTS WHEELER AND OPEN SPACE FUND REVENUE OF $4,800; APPROPRIATING CAPTIAL PROJECT WHEELER AND OPEN SPACE FUND EXPENSES OF $4,800; TRANSFERRING $35,000 FROM~EPLOYEE RETIREMENT FUND TO GENERAL FUND; APPROPRIATING TRANSIT FUND EXPENSES OF $1,205,000; RECOGNIZING TRANSIT FUND REVENUES OF $140,000; TRANSFERRING $150,000 FROM THE TRANSIT FUND TO THE GENERAL FUND; APPROPRIATING TRANSPORTATION MALL FUND EXPENDITURES OF $90,000; TRANSFERRING $450,000 FROM THE TRANSPOTATION MALL FUND TO THE TRANSIT FUND; TRANSFERRING $331,696 FROM THE GENERAL FUND TO THE TRANSIT FUND; TRANSFERRING $87,984 FROM THE GENERAL FUND TO THE TRANSIT FUND; T~NSFERRING $87,984 FROM THE GENERAL FUND TO THE TRANSPORTATION MALL FUND was read by the city clerk Councilwoman Walls moved to adopt Ordinance #73, Series of 1983, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Blomquist, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. LIQUOR LICENSE RENEWALS Councilman Knecht moved to approve the renewals for The Shaft; Of Grape and Grain; Hotel Jerome, Aspen Mine Company~ seconded by Councilman Collins. All in favor, motion carried. Councilman Collins moved to adjourn at 10:15 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn S~Koch, City Clerk