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HomeMy WebLinkAboutminutes.council.19810914Regular Meeting Aspen City Council September 14, 1981 Mayor Edel called the meeting to order at 5:10 p.m. with Councitmembers Michael, Knecht, Parry, and Collins present. MINUTES There were none ACCOUNTS PAYABLE Councilman Parry moved to approve the accounts payable for August; seconded by Council- woman Michael. All in favor, motion carried. RESOLUTION 944 (Series of 1981) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING SPECIAL REVIEW EXEMPTION TO THE UTE CITY PLACE DEVELOPMENT FROM THE MORATORIUM IN THE R/MF ZONE DISTRICT was read by the city clerk Councilman Parry moved to adopt Resolution #44, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. Councilwoman Michael moved to continue the meeting to Monday, August 31, 1981, at 5:00 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn ~ Koch, City Clerk Continued Meeting Aspen City Council August 31, 1981 Mayor Edel call the meeting to order at 5:10 p.m. with Councilmembers Collins, Knecht, Parry and Michael present. PLANNING OFFICE CONTRACT Planning Director, Sunny Vann, reminded Council they had approved the concept of the reorganization of the planning office. Vann said he would bring the contract for approval as part of the budget process. Vann said this is a bookkeeping area designed to take the pressure off so that the planning office can allocate time to both jurisdictions. The Boards will have to choose amoung priorities. The planning office will do this in the context of a work program which the planning office will present to P & ~ and then to the Boards. Councilman Knecht said the city's portion of the budget is $100,000 and the major portion is administration of what is already there. Councilman Knecht said he sees very little long range planning. The guiding group is the Council, who does not have much control. The Council should set the priorities. Councilman Knecht said the plannin¢ office should not have to report to two governmental bodies. The city should have their own planner the Council can go to. Mayor Edel said he felt Vann's proposal opens up the door to alot more spending b~ hiring more and more staff to produce the necessary work. Vann said he is not recommendi~ that this will cost more money. Under the new system, the county time.is allocated through direct billing. The Council would therefore not be able to violate that time. The Council would have to look at their priorities, rather than insis~ everything get done at once. Vann said the new system includes two things; direct billing and reorgani- zation of the planning office. There will be an administration section; a Code administr~ tion section; and a planning section. Vann told Councit at the beginning of each year, Council will make a decision on what they want accomplished and establish priorities. Vann told Council the planning office with the Boards will prioritize both work programs. Many of the planning items are a joint effort. The county has raised their fees to where they wash a substantial portion of the code aministration section. This is passing on the costs of processing applications to the applicant. The city does not have to take that approach; they can subsidize as much as they like. Vann told Council the direct billing in itself will not increase the amount of planning time. It will provide a mechanism to assure Council that the time has been allocated to the city. The reorganization shoul~ increase the ability to do more planning because the planning office will not have some- one staff doing a little of everything. This will free up staff time to concentrate on certain projects. Councilwoman Michael moved to approve in concept the reorganization of the planning office and to direct billing to the city and the county; seconded by Councilman Parry. Councilmembers Michael, Collins and Parry in favor; Councilman Knecht and Mayor Edel opposed. Motion carried. Mayor Edel told Council he got a $2,000 contribution from Data General who is coming to town to film a commercial. Council agreed this should go into the general fund. Council set up a study session September 2nd at noon to discuss the options of financing the Wheeler, whether to rent all the space, whether the non-profit or arts group go back. Councilwoman Michael moved to adjourn at 6:15 p.m.; seconded by Councilman Parry. All in favor, motion carried. Regular Meeting Aspen City Council September 14,1981 Mayor Edel called the meeting to order at 5:10 p.m. with Councilmembers Michael, Knecht, Parry, and Collins present. MINUTES There were none ACCOUNTS PAYABLE Councilman Parry moved to approve the accounts payable for August; seconded by Council- woman Michael. All in favor, motion carried. Schneider went throught the footnotes with Council. On the balance sheet, the assets are segregated by unrestricted, restricted, property and equipment and other. The total assets have increased $6,000,000; the cash has increased substantially. This is the first full year of operation for the ice rink and golf course funds. Property and equipment have increased from $23,700,000 to $26,000,000 which is primarily the water line and major increases in buses. In the liability, the major change is in bonds payable; the liabilit~ ~s increased from $14,000,000 to $18,000,000 which is primarily from the $4,000,000 of the employee housing bond. The equity is up from $21,600,000 to $23,500,000 part of this increase is the change in accounty principles. Schneider told Council to look these reports over and they will return at the October 13th meeting to answer questions,j LEAGUE OF WOMEN VOTERS CAMPAIGN REPORT Pat F~llin told Council the LWV formed a committee of five members to cover the date of election, campaign spending, campaign reporting, residency and the terms of office. The committee discussed these issues with various sectors of the community. The first recommendation was no change be made in the election date. Ms. Fallin said it does not make much difference when the election is, it is the issues on the ballot. Ms. Fallin encouraged the city to combine the city elections with special district election. The second recommendation is that the campaign spending limit be abolished and replaced with stricter reporting procedure. Ms. Fallin said the electorate is more interested in the amount of contributions and the contributors than the total spent. Another recommendation is that campaign reporting should carry a heavy fine for failure to comply. Ms. Fallin said the committee would like to see this requirement be in addition to the state election report. The residency requirements are adequately covered by the state statutes, and the case pending will clarify this. The recommendatio on terms of office is that they stay the same as they are. Councilwoman Michael said she agreed with the recommendations and suggested full financial disclosure be filed with the city clerk Friday prior to the election. Ms. Fallin told Council there is a case about campaign spending and contributions; entities can regulate how much a person can contribute, not how much a person can spend. To get around this, political action committees have been formed. Charlotte Walls told Council the more they looked into these laws and regulations, the more complicated they become. Ms. Walls said people cannot be stopped from spending as much as they want to, even if they do not contribute to a campaign. Council thanked Pat Fallin and Charlotte Walls and their committee for their work and the excellent report. WHEELER OPERA HOUSE and RESOLUTION ~45, SERIES OF 1981 City Manager Chapman outlined Council has decided to aim for a $3,000,000 renovation pro- gram for the Wheeler and to raise the additional $1,000,000 for that program through a general obligation bond in the land fund. Council also decided to permit the current non- profit tenants to move back in and to lease commercially any other space. Chapman told Council the $3,000,000 provides only shell space in the basement and first floor. The city will have to budget for leasehold improvements for non-profit tenants; the commercial tenants will pay for their own leasehold improvements. The second financial issue is the operating costs if the city retains ownership of the building. These costs will be about $100,000 a year. Chapman told Council he has incor- porated these assumptions into projections for the RETT, both optimistic and-pessimistic. These projections have been provided to Council. Based on an optimistic projection, there would be a net subsidy from the land fund for approximately five years, after which the entire debt service could be paid by the RETT and rental income and the land fund could eventually be repaid. With ~a pessimistic projection, there will be a decreasing net subsidy from the land fund in each year of the bond issue with no possibility of repaying the land fund until the final three years of RETT. Chapman told Council under either scenario, it is necessary for Council to decide to set parameters on priorities; either repay the land fund or continue to fund arts groups from the RETT. Chapman outlined the steps to proceed with the Wheeler renovation. (1) Council must pass a resolution to set a date for an election on a general obligation bond issue for $1,200,000 from the. land fund. (2) Council needs to appoint a group to deal with the operating policy for the management plan for the Wheeler. Council needs to tie down how the building will be operated once it is finished. The arts groups should be involved in the development of the operational plan. (3) Council should authorize the city manager to proceed with the engagement of a leasing agent for the commercial space. Chapman told Council he will meet with the current non-profit tenants to determine their desire to move back in once the Wheeler is completed. Chapman said there are some other financing plans. The city could sell second lien bonds or notes backed by the RETT. Councilwoman Michael said she could not justify that kind of subsidy out of the land fund. Councilwoman Michael said the city needs another way to pay. Chapman said the M.A.A. has contributed $40,000 for the orchestra pit. Councilman Collins said he would like to see what alternatives there are for raising money. Councilman Knecht moved to read Resolution ~45, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~45 (Series of 1981) A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO RETAIN PUBLIC OWNERSHIP OF THE WHEELER OPERA HOUSE AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED TOWARD THE ACCOMPLISHMENT OF A THREE MILLION DOLLAR ($3,000,000) RENOVATION PLAN WHEREAS, the City Manager has presented to the City Council a status report dated August 26, 1981, ~ncorporated herein by reference, outlining various alternatives regarding the possible sale and renovation of the Wheeler Opera House, currently owned by the City of Aspen, and WHEREAS, after considering all of the a~ternatives presented by the City Manager, the City Council desires to express its intent that the Wheeler Opera House remain under the ownership of the City of Aspen and that the City Manager pursue an entire basic renovation program at a cost of approximtety Three Million Dollars ($3,000,000) along the lines outlined in the "Alternative Two" of the City Manager's report; NOW, THEREFOP~E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council hereby declares its intent that the Wheeler Opera House remain under the ownership of the City of Aspen. Section 2 That the City Manager is hereby authorized and directed to pursue an entire basic renovation program at a cost of approximtely Three Million Dollars ($,300,000) along the lines outlined in "Alternative TwO" of the City Manager's status report dated August 26, 1981, which is incorporated herein by reference Councilman Knecht moved to adopt Resolution ~45, Series of 1981, seconded by Councilman Collins. All in favor, with the exception of Councilwoman Michael. Motion carried. Council decided to have the referendum election as soon as possible. If the issue is defeated, Council will have to look elsewhere for funds. Mayor Edel said a management committee to develop policy should be appointed. Mayor Edel suggested reinstituting the Wheeler Opera House Commission combined with Council for the Arts and the M.A.A. should be involved. Council directed the city clerk to advertise for interested people. Council agreed to the let the city manager look for a leasing agend for the commercial space. CLAIM FOR DAMAGES Takah Sushi City Manager Chapman told Council he and the city attorney have met with Takah Sushi and their attorney, Tony Mazza, and had told them they don't agree on the claim for damages. Mazza wanted to appeal to Council. Tony Mazza told Council that Takah Sushi, prior to leaing this space, requested a pre-inspection by the building department. A pre-inspecti. was conducted and an hourly rate was paid to the inspector. Certain items were listed which had to be fixed or installed to get a building permit and a certificate of occupancy. David Cerello, former building department employee, told Council the owner of the restaurant requested a list of items so they would have an idea of how long it would take to open. Cerello made an inspection and made a list of five items that were keeping them from getting a c/o. The building inspector told Cerello when Takah Sushi was done with those things they could be issued a temporary c/o. Cerello told Council that Bill Drueding had relieved him of duty and the next day Drueding issued a certificate of occupancy. Drueding told Council he told Takah Sushi they were unsafe and not ready to open. Mazza told Council he is asking for money damage~ in the amount of $18,000 including the cost to repair the items which the building depart- ment never had told him to do; lost income from when he had to close, salaries for four Japanese chefs and rental for the apartment for the Japanese chefs. Mazza said Takah Sushi relied upon an employee of the building department. Because of this reliance, Takah Sushi opened and was then closed down and lost a lot of money. Councilman Knecht said this was brought to his attention. He went over to Takah Sushi and there were no bathroom doors, there was a big roll of carpet in the front hall, there was no way to get down the stairs, the furniture was not in. Councilman Knecht said he would definitely deny any claim. Mayor Edel said he had no desire to proceed with the claim. Councilwoman Michael said no claim. Mayor Edel suggested Mazza pursue this however he wanted. City Attorney Taddune said people do not have the right to rely on the building department in reconstruction. RSVP PROBLEM Mayor Edel told Council that Budge Bingham told him that the RSVP group no longer legally existed and it would be better if Aspen and Pitkin County withdrew from the tri-county RSVP. Mayor Edel has sent a letter doing just that. Councilwoman Michael said she is satisfied that the local groups can come to the Council and Commissioners and ask for contributions instead of going through Glenwood. Council agreed to proceed on that basis. ORDINANCE ~57, SERIES OF 1981 -Historic Sites Designation Councilwoman Michael moved to table Ordinance ~57, Series of 1981; seconded by Council- man Parry. All in favor, motion carried. RESOLUTION #46, SERIES OF 1981 - Pitkin Reserve Annexation Councilwoman Michael moved to read Resolution ~46, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #46 (Series of 1981) A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE PETITION OF ASPEN MOUNTAIN PAl{K, A COLORADO GENERAL PARTNERSHIP AND THE COUNTY OF PITKIN STATE OF COLORADO FOR ANNEXATION OF PROPERTY TO THE CITY OF ASPEN AND AUTHORIZING THE INSTITUTION OF SUBDIVISION REVIEW PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED was read by the city clerk Councilman Parry moved to adopt Resolution ~46, Series of 1981; seconded by Councilman Knecht. Vince Galluci told Council that employees have a right to own their own homes and to live in Aspen. Jack Frye said he felt strongly he should be able to live at the trailer park and to be able to buy his trailer. Phoebe Ryearson said she felt that the Pitkin Green group has been inadvertently pitted against the Smuggler trailer park people. Ms. RyearsoI said none of them knew it was a trade off. Murray Cunningham said this proposal directly affects the Smuggler. Mayor Edel said if anyone could come up with an alternative place for these free market units, Council would be glad to go along with it. The city annexed the Smuggler trailer park two years ago, responding to citizens needing employee housing. The city has been negotiating this agreement for two years. This piece of land became available to the owner of Smuggler trailer park to build 12 free market units on this land. They could built 19 units. The Council's job is to seek solutions for the good of the entire community. Chapman told Council the owners of this piece of property asked if the city would annex them. The city told them they would have to go through the county process of subdivision. The Commissioners approved the subdivision and joint with these owners in an annexation petition. Barry Edwards, representing the Pitkin Green homeowners, said the settlement agreement say~ the city will, so far as it can within the law, cooperate with the developer to find free market land and allow it to be zoned and developed as free market units so the Smuggler trailer park can be preserved. This neighborhood is a single family neighborhood. The developer has purchased it and asked that the land be annexed. Edwards said the city is talking about preserving the quality of lifestyle and preserving the character is neigh- borhoods. This action will preserve the character of Smuggler trailer park but will destroy the character of Pitkin Green if it is done in this fashion. Edwards said the P & Zis being asked this subdivision from the GMP; it is being asked to adopt an 85:15 ordinance~ which has not been discussed thoroughly. The P & Z is being asked to approve at preliminary plat before the land is in the city. Edwards said the city has spent years working on an agreement for Smuggler trailer park. The city has spent even more years working on the zoning and GMP. If the city is going to pervert the process by putting the cart before the horse, the city is jeopardizing their processes and setting some dangerous precedents for other developers. Edwards said preserving Smuggler Trailer park is important~ but why destroy another neighborhood. City Attorney Taddune had outlined the annexation process in memorandum and explained to Council an annexation election is not necessary when 100 per cent of the property owners sign the petition requesting annexation. The city may impose terms and conditions upon the annexation. Taddune said he feels it is adviseable to require that any water rights with the property be dedicated to the city, The city is trying to tie up as many water rights as they can. Bob Hughes, representing the applicant, told Council they would be willing to dedicate water rights. Hughes said they are trying to work within the city subdivision laws and the state statutes. Larry McGuire, resident of the trailer park~ said this trade has to be made to work or there will be no place for the employees and service people to live. Mary Martin told Council she felt their premise was wrong. The city should take care of the trailer park; buy the land. Greg Fortin told Council he had lived here 15 years and just wanted a place of his own. Joan Lane asked if the city considered buying the trailer park. City Manager Chapman told Council the city had negotiated a friendly condemnation agree- ment with the owners of the trailer park. The intent of that agreement was upon the city' condemnation, there would be back end financing so the trailer owners could take out the city's obligation to pay. At tha~ time, there was no financing available. This put the city in the position of owning the trailer court. The Council had a choice of making this a matter of financial exposure for the citizens of this town, or try to negotiate an agreement to not put the city in financial exposure. Council chose not to risk the financial exposure. At least three agreements were presented to Council before the negotiations ended. The onwers have agreed to carry financing for at least 25 per cent of the trailer owners. Kay Reid suggested the city look at other lands they ~own for this development. Ms. Reid said this is spot zoning in the county, and for years this has single family residences. Rick Ferrell pointed out if this land were developed under county rules, half of the residences would have to be employee housing. If the land was to be annexed and develope~ under the 70/30 regulation, 70 per cent of it would be employee housing. If it were developed under PMH in the county, 70 per cent of that site would be employee housing. Any of these becomes high density housing. Ferrell said this proposal is taking 23 acres and under developing it. There will be greenway vacant forever; the county has made trade offs for that and are co-petitioners for annexation. In the county, 16 units would be allowed; this proposal is for 12. Councilwoman Michael said this project has been going on for over two years. Counc Michael said there is a sentiment on part of the city, which Council read, that it was up to the city to try to facilitate the solution to the problem of Smuggler Trailer Park so they could own their land. Councilwoman Michael said she would like to resolve this issue; it has to be recognized that the developer has worked very hard with the city to try to find a solution. The trailer park owners agreed they have the responsibility to bring the park up to code. Councilman Knecht said he felt it is the responsibility of Council to look 20 years ahead. At the present time, there is no east end plan. The streets are narrow, the utilities and drainage are bad. Councilmembers Parry, Michael and Mayor Edel in favor; Councilmembers Collins and Knecht opposed. Motion carried. REQUEST. FOR PIF REBATE - Aspen Skiing Corporation Employee Unit Chuck Brandt, representing the Aspen Skiing Corporation, told Council they have constructe one employee unit of approximately 850 square feet. The City's Code provides, when Counc~'l determines a housing project is a bona fide low or moderate unit, consistent with the housing guidelines, the PIF may be reduced by one-half. The Skiing Corporation is asking for S800 rebate for the moderate deed restricted unit. Councilwoman Michael moved to approve the PIF rebate to the Aspen Skiing Corporation project at the Airport Business Center; seconded by Councilman Parry. All in favor, with Hhe exception of Councilman Collins. Motion carried. ASPEN SKIING CORPORATION REQUEST FOR CONSENT TO ASSIGN WATER RIGHTS LEASE Chuck Brandt told Council there are two agreements the Aspen Skiing Corporation has with the city. One is an easement dated 1971 relating to Hill and Summit streets. The other is a lease of water r~ghts dated 1981. Both these say the Skiing Corporation rights may not be assigned. Brandt said the Skiing Corporation needs the city's consent to permit these agreements to be in legal effect. This is because of a merger and partnership. The Aspen Skiing Company has assumed all liabilities of the Aspen Skiing Corporation. Councilwoman Michael moved to approve consent to the assignments subject to City Attorney Taddune's approval of necessary legal documents as to form and legal effect; seconded by Councilman Collins. All in favor, motion carried. SAAB LEASE EXTENSION AND NEW SAAB LEASE City Manager Chapman told Council they are asking for an extension on the lease for the Saabs because staff is trying to save money. The~new lease the staff negotiated is new cars at the old price for the remainder of this year. The police department tested all cars that would fit their criteria. The Saab was preferred for performance and price. Councilman Parry moved to approve the extension of the Saab lease through August 1981; seconded by Councilwoman Michael. Ail in favor, motion carried. Councilwoman Michael moved to table the new lease for negotiations; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~47, SERIES OF 1981 Renewing Lease Purchase agreement Councilman Parry move~ to read Resolution ~47, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION ~47 (Series of 1981) A RESOLUTION APPROVING AND AUTHORIZING THE RENEWAL AND CONTINUATION OF EXISTING LEASE PURCHASE AGREEMENTS Councilman Parry moved to adopt Resolution ~47, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. OCCUPATION TAXES - General and Liquor City Manager Chapman reminded Council during last year's budget session, one of the items discussed was increasing the occupation taxes. At that time, Council decided not to increase these pendings review of all the city's fees and permits. The report indicates that nearly all the permits and license fees have been reviewed recently. The occupation tax has not been reviewed in seven years. Staff is bringing recommended increases to Council prior to the final preparation of the budget. The staff is recommending that the business license fees be done away with and make everything an occupation tax and will be suggesting new rates. Council will have to review the proposal to see whether any particular category of business should be exempted. Councilman Parry said he felt none should be exempted; Mayor Edel agreed. Councilwoman Michael moved to have staff prepare the necessary ordinances to effect the increases in occupation taxes as outlined in Larry Thoreson's memorandum of September 4, 1981, and to eliminate current application fees for business licenses and sale tax licenses; and to effect a $50 general occupation tax on every business required by current ordinances to obtain a business license, with the sole exception of liquor license holders and to allow contractors to deduct the amount of the general occupation tax paid from any fees normally dure for city contractor's licenses; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #48, SERIES OF 1981 - TIGA Contract Monroe Summers told Council that TIGA contracted with the city to do the advertising in the buses last year and pay the city a percentage of the gross receipts. TIGA only operated for two quarters and paid the city $5642. Summers said for their first year of operation and the poor snow year, this is acceptable. Summers told Council he has increas the percentage of the gross to 35 per cent. TIGA sold 100 per cent of the space at Vail and are now operating in Steamboat. Summers included a $10,000 pro forma guarantee to the city. Councilman Collins moved to read Resolution ~48, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. · ~=gu~ ~,~u~9 ~sp~n ~l~y ~ouncl± 5eptemDer 14, ~ESOLUTION #48 (Series of 1981) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND TIGA ADVERTISING, INC. SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH TtGA ADVERTISING INC. MAY SOLICIT AND SELL COMMERCIAL ADVERTISING AND ADVERTISING SPACE IN ALL CITY OWNED BUSSES Councilman Parry moved to adopt ResolUtion #48, Series of 1981; seconded by Councilman KneCht. All in favor, motion carried. CASTLE RIDGE LAUNDRY FACILITIES Monroe Summers reminded Council they had decided not to provide washers and dryers in the individual units at Castle Ridge. There is a demand for these type facilities from the tenants. Storage spaces in four units could be made into common laundry facilities at a cost of about $2,000 each. Western Slope Asset Managements has agreed to bear these costs in exchange for a lease and the right to operate the laundries for five years with no money to the city. Assistant City Manager Lois Butterbaugh said a resolution to do this will have to be approved by the Housing Authority as opposed to the City Council. staff will bring a resolution to the Housing Authority if it is indicated Council supports this. Council agreed with the proposal and will address a resolution as the Housing Authority. SUBDIVISION EXCEPTION - Edmundson/Flynn/Sykes Colette Penne, planning office, told Council this is located in the 700 block of West Francis. The zoning is R-6 and there is 9,000 square feet. The applicants are requesting subdivision exception to condominiumize three separate single family units. Ms. Penne told Council a number of non-conformities exist; the structures are inconsistent with the area and bulk requirements. There is a lack of parking and encroachments in the alley. Ms. Penne told Council the applicants have been owners of the units in excess of 18 months. The applicants have agreed to the six month minimum lease provision, Ms. Penne pointed out a long list of requirements from the building department. The applicants are will to do whatever is necessary. The planning office recommends approval with the conditions as outlined in the memorandum. Councilwoman Michael moved to approve the subdivision exception for the purpose of condo- miniumizing the Francis Street Condominiums subject to the following conditions; (1) the applicant be required to join a sidewalk, curb and ~etter improvement district in the event one is formed. (2) the owner/applicant be required to obtain an encmoachment license from the city for the fences which extend into both the alley and Francis street rights-of-way; (3) compliance with the building department's requirements; (4) following final approvals, the mylars should be submitted to the engineering deparmtnet with the surveyor's signature and seal; (5) rental restrictions on all three units to six month minimum leases with two shorter tenancies; seconded by Councilman Parry. All in favor, motion carried. LOT LINE ADJUSTMENT - Sturgis/ThOmson Colette Penne, planning office, said this is located at 820-824 Roaring Fork road in an R-15 zone district. The request is to permit a boundary line adjustment, to which both parties agree. Adjusting the boundary will form an adequate side yard setback and will decrease the non-conformity slightly. Councilman Parry moved to approve the lot line adjustment between the Sturgis and Thomson properties as per the revised final plat; seconded by Councilman Knecht. ~iCouncilman Collins asked if this changed the density at all. Lennie Oates, representing the applicants, said it did not. All in favor, motion carried. ORDINANCE #56, SERIES OF 1981 - Rules of Procedure/Commercial Core and Lodging Commission Councilman Parry moved to read Ordinance ~56, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #56 (Series of 1981) AN ORDINANCE REPEALING AND REENACTING SECTION 5 OF ORDINANCE NO. i(SERIES OF 1981) SO AS TO REDUCE THE QUORUM REQUIREMENT FOR THE TRANSACTION OF BUSINESS OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION FROM FOUR (4) TO THREE (3) was read by the city cleark Councilman Knecht moved to adopt Ordinance #56, Series of 1981, on first reading; seconded by Councilman Parry, Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE #58, SERIES OF 1981 - Fund and Appropriation Reductions Finance Director Ron Mitchell told Council this implements the five per cent reductions in budget dues to the sales tax revenues. Councilman parry moved to read Ordinance #58,.Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~58 (Series of 1981) AN ORDINANCE MAKING A REDUCTION IN THE CURRENT YEAR APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $156,158 AND RECOGNIZING A REDUCTION IN THE CITY'S SHARE OF PITKIN COUNTY TWO PER CENT SALES TAXES IN THE AMOUNT OF $151,373; AND A REDUCTION OF TRAFFIC FINES IN THE AMOUNT OF $4,785 was read by the city clerk Councilman Parry moved to adop~ Ordinance #58, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Parry, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCES 959, 60 and 60, SERIES OF 1981 - Appropriations Ron Mitchell, finance director told Council that ~59 provides $10,000 in the water fund for the city's share of water conservation devices. Ordinance #60 appropriates $7,000 to finish the city hall roof and #61 appropriates $262,708 for the Wheeler to cover the architect fees for design and development and construction documents. Councilman Parry moved to read Ordinance ~59, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #59 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE WATER FUND FROM CURRENT YEAR UNAPPROPRIATED REVENUES IN THE AMOUNT OF $10,000 FOR THE WATER CONSERVATION PROGRkM was read by the city clerk Councilman Parry moved to adopt Ordinance ~59, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Parry, aye; knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. Councilman Parry moved to read Ordinance #60, Series of 1981; seconded by Councilman Kne~ ~All ~h fav°~, motion carried, ORDINANCE 960 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE LO,ND FUND FROM CURRENT YEAR UNAPPROPRIATED REVENUES IN THE AMOUNT OF $7,000 TO BE USED FOR REPAIRS TO THE CITY HALL ROOF IN THE AMOUNT OF $2,000 AND REPAIRS TO THE CITY HALL SKYLIGHT IN THE AMOUNT OF $5,000 was read by the city clerk Councilman Parry moved to adopt Ordinance 960, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Parry, aye; Knecht, aye; Mayor Edel, aye. MOtion carried. Councilman Parry moved to read Ordinance ~61~ Series of 1981; seconded by Councilman Kne~ All in favor, motion carried. ORDINANCE ~61 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE WHEELER TRANSFER TAX FUND FROM CURRENT YEAR UNAPPRORPRIATED REVENUES IN THE AMOUNT OF $262,708 FOR THE WHEELER OPERA HOUSE SCHEMATICS~ DESIGN AND DEVELOPMENT IN THE AMOUNT OF $106~708 FOR WHEELER OPERA HOUSE CONSTRUCTION DOCUMENTS IN THE AMOUNT OF $135,000 AND WHEELER OPERA HOUSE ARCHITECTURAL CONSTRUCTION SERVICES IN THE AMOUNT OF $21,000 was read by the city clerk Councilman Parry moved to adopt Ordinance ~61, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~49, SERIES OF 1981 Commercial GMP Changes Mayor Edet opened the public hearing. Planning director Sunny Vann requested this be continued until September 28th meeting. Mayor Edel continued the public hearing until September 28, 1981. Vann told Council that regarding Ordinance ~48, Series of 1981, the Commercial GMP changes for this year only, developers have raised some questions and he would like some clarifi- cations. Councilman Parry moved to add this to the agenda; seconded by Councilman Knecht. All in favor, motion carried. Vann said the Code has been amended to allow employee housing both on- and off-site. It has occurred to the planning office that off-site might be out of the city limits; does Council have any objections. Council had no objections. The second question is should the square footage of the employee housing downtown count against the 24,000 square feet. This has been counted in the past; however, it has been argued that Council is exempting an applicant from the competition for the purposes of employee housing, the square footage should not be counted against the quota. This is not clear in the ordinance. Council agreed to go with the 24,000. Vann asked Council if they would be willing to accept some unknown form of employee housin to score points, and allow the applicant negotiate the final details at the time of exemption. The planning office recommends against this as it is difficult to score something that is nebulous. Council agreed with Vann's recommendation. ORDINANCE ~54, SERIES OF 1981 - Fund Appropriations Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Collins moved to adopt Ordinance ~54, Series of 1981, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. RESOLUTION #49, SERIES OF 1981 - Exemption from Historic Designation City Attorney Taddune told Council this problem arose at the HPC when it was discovered a building permit was issued for a property listed on the schedule of buildings proposed to be designated H, historic. By the time this error was discovered, the building was considerably demolished. HPC asked Taddune for a recommendation and Taddune suggested the HPC forward to Council that they find the building has no current historic signifi- cane and that it should be exempted from the historic moratorium.. Taddune said this resolution is appropriate for thw Dwight residence. Councilman Parry moved to adopt REsolution #49, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. CONSENT AGENDA Councilman Parry moved to approve the consent agenda; seconded by Councilman Collins. These are (1) liquor license transfer; Columbine Dinner Playhouse; (2) liquor license renewals; Glass Door and La Cocina; (3) Deputy Municipal Judge Appointment, and (1) Easement - Gerber. All in favor, motion carried. Councilman Collin~ moved to adjourn at 9:50 p.m.; seconded by Councilman Parry. All in favor, motion carried.