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minutes.council.19790813
Regular Meeting Aspen City Council August 13, 1979 Mayor Ed~l~called the joint meeting together at 4:10 p.m. with Commissioners Edwards, Child, Kinsley, and Councilmembers Collins, Isaac, Parry, and Michael present. Also present were City Attorney Stock, County Attorney Stuller, City Manager Stalf, and County Manager Ochs. 1. 1979-80 Programs of the Historical Society. John Stanford, Director of the Aspen Historical Society, told the Board he envisioned the historical society as being a separ- ate interest serving both the private and pubt~c sectors. The historical society will Aspen Historical maintain the archives, maintain the museum, do special projects, and maintain the inven- Society tory of historical buildings. The sites need to be prioritized. Another service is referrals with regards to zoning and subdivisions and the growth management plan. Stanfor said the historical society will also be assisting with the formation of new historical societies, and will be a lobby on historic preservation. The historical society is cooperating with the Aspen times to microfilm the old newspapers and also to index all the Aspen Times. Stanford offered the use of the museum grounds for public sector use. 2. Ruedi Reservoir Water Sale. John Musick submitted memoranda summarizing the status of Ruedi Water sales program and the Bureau of Reclamation positions. The issues to be discussed with the River District and the BOR include determination of the proper recrea- Ruedi Reservoir tional level for the reservoir, the proper method for sale of the water, and at what Water Sale price the water will be sold. Musick stated he has analyzed this and established a position that recreational levels must be preserved. The District has taken a position they must sell annual supplies and has entered into negotiations for the sale of 50,000 acre feet of water per year from the Reservoir. The BOR is not willing to agree to an for the proposed sale. The Basalt Water District is interested in purchasingi! impact study 15',000 acre feet per year, which would supply 20,000 homes, and they intend to make a commitment to serve residences without any restrictions to land use or adjacent county land use policy. The Forest Service and Colorado Water Conservation Board both strongly suggest any sale of water take place to be consistent with the recreational purposes of Ruedi. The:?Forest Service has stated the Reservoir must be maintained at reacreatiohal levels. Musick said an operational schedule could~be devised which could maintain the proper levels during the summer months and still provide adequate water for the sales at other times of the year. The Fish and Wildlife Division has objected to the method of sale; it would totally eliminate three species of fish stocked in the Reservoir. Musick told the Boards that the River District has given no consideration to the recrea- tional levels of the reservoir, although this was one of the reasons for construction, or the method for or value of the sale of water. Two of the other larger purchasers, Clifton Water District and ARCO colony will use the water for oil shale development. By not selling the water at fair market value, the River District is receiving less revenues from the sale, and more tax monies will have to be used for any future projects. Musick recommended the City and County urge their state and federal delegations to require a study for the best method and appropriate price for the sale. Musick pointed out the BOR has not worked out a schedule of sale contrary to a promise made. The situation is a sale of water taking place without recognizing the recreational values or the best metho of selling the water. There is a provision in the Act which provides for sale of the waters within an immediately time frame; this is the justification being used by the Water District. Musick said an independent consultant should make a recommendation on the best way to operate this resource. Musick told the Boards that the City and County should each elect one representative to meet with the Forest Service and Colorado Water Conservation Board to determine the proper level for the reservoir, and what studies should be done. The City and County should obtain support of their local representatives and meet with the River District to request they hold off negotiations for sale until such studies as recommended have been completed. The Boards should request joint funding of the study to determine a method to allow the sale of water at a proper price and also to maintain the recreational level at Ruedi. Councilman Isaac will be the City's representative and Commissioner Edwards the County. Commissioner Kinsley suggested inviting the Eagle County Commissioner's participation. ~ continued Meeting Aspen City Council August 7, 1979 Mayor Edet called the meeting to order at 12:00 noon with Councilmembers Michael, Van Nes~ Parry, and Isaac present. ~-~Qrd. 51, 1979 Councilwoman Michael moved to read Ordinance ~51, Series of 1979; seconded by Councilman ~'Water Plant Van Ness. All in favor, motion carried. I ~Annexation #3 ~ ORDINANCE #51 (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO, AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACT- MENT was read by the city clerk. Councilman Isaac moved to adopt Ordinance #51, Series of 1979, on second reading; seconde~ by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye; Michael, aye; Parry, aye, Isaac, aye; Mayor Edel, aye. Motion carried. Councilwoman Michael moved to adjourn at 12:05 p.m; seconded by Councilman Van Ness. All in favor, motion carried. Kathryn~2 K c , City Clerk Regular Meeting Aspen City Council August 13, 1979 Mayor Ed~l Called the joint meeting together at 4:10 p.m. with Commissioners Edwards, Child, Kinsley, and Councilmembers Collins, Isaac, Parry, and Michael present. Also present were City Attorney Stock, County Attorney Stuller, City Manager Stalf, and County Manager Ochs. 1. 1979-80 Programs of the Historical Society. John Stanford, Director of the Aspen Historical Society, told the Board he envisioned the historical society as being a separ- ate interest serving both the private and public sectors. The historical society will Aspen Historica maintain the archives, maintain the museum, do special projects, and maintain the inven- Society tory of historical buildings. The sites need to be prioritized. Another service is referrals with regards to zoning and subdivisions and the growth management plan. Stanfo] said the historical society will also be assisting with the formation of new historical societies, and will be a lobby on historic preservation. The historical society is cooperating with the Aspen times to microfilm the old newspapers and also to index all the Aspen Times. Stanford offered the use of the museum grounds for public sector use. 2. Ruedi Reservoir Water Sale. John Musick submitted memoranda summarizing the status of Ruedi Water sales program and the Bureau of Reclamation positions. The issues to be discussed with the River District and the BOR include determination of the proper recrea- Ruedi Reservoir tional level for the reservoir, the proper method for sale of the water, and at what Water Sale price the water will be sold. Musick stated he has analyzed this and established a position that recreational levels must be preserved. The District has taken a position they must sell annual supplies and has entered into negotiations for the sale of 50,000 acre feet of water per year from the Reservoir. The BOR is not willing to agree to an impact study for the proposed sale. The Basalt Water District is interested in purchasing 15',000 acre feet per year, which would supply 20,000 homes, and they intend to make a commitment to serve residences without any restrictions to land use or adjacent county land use policy. The Forest Service and Colorado Water Conservation Board both strongly suggest any sale of water take place to be consistent with the recreational purposes of Ruedi. The..Forest Service has stated the Reservoir must be maintained at reacreatiohal levels. Musick said an Operational schedule could~lbe devised which could maintain the proper levels during the summer months and still provide adequate water for the sales at other times of the year. The Fish and Wildlife Division has objected to the method of sale; it would totally eliminate three species of fish stocked in the Reservoir, Musick told the Boards that the River District has given no consideration to the recrea- tional levels of the reservoir, although this was one of the reasons for construction, or the method for or value of the sale of water. Two of the other larger purchasers, Clifton Water District and ARCO colony will use the water for oil shale development. By not selling the water at fair market value, the River District is receiving less revenues from the sale, and more tax monies will have to be used for any future projects. Musick recommended the City and County urge their state and federal delegations to require a study for the best method and appropriate price for the sale. Musick Pointed out the BOR has not worked out a schedule of sale contrary to a promise made The situation is a sale of water taking place without recognizing the recreational values or the best metho~ of selling the water. There is a provision in the Act which provides for sale of the waters within an immediately time frame; this is the justification being used by the Water District. Musick said an independent consultant should make a recommendation on the best way to operate this resource. Musick told the Boards that the City and County should each elect one representative to meet with the Forest Service and Colorado Water Conservation Board to determine the proper level for the reservoir, and what studies should be done. The City and County should obtain support of their local representatives and meet with the River District to request they hold off negotiations for sale until such studies as recommended have been completed. The Boards should request joi~t funding of the study to determine a method to allow the sale of water at a proper price and also to maintain the recreational level at Ruedi. Councilman Isaac will be the City's representative and Commissioner Edwards the County. Commissioner Kinsley suggested inviting the Eagle County Commissioner' s participation. ReguLar Meeting Aspen City Council August 13, 1979 propertyowner and with the residents on developing ~he right zone district. The City has a deadline to rezone it by the middle of September. Stock is also rewriting Chapter 14, for the mobile home park regulations. Councilman Van Ness said the most important problem is not the regulations, but if Polack sells this in January all this is meaning- less. Councilman Van Ness moved that Council direct the attorney, planning office, and housing department to present options as to what the City could do up there and what it would cost and what the implications are by the next Council meeting; seconded by Councilwoman Michael. Council agreed the residents deserve~a quick answer. Peterson pointed out there are some serious legal costs involved and the residents are trying to earn money. Peterson told Council he had been meeting with bond dealers trying to work out all options. Jim Reents said he had initiated a discussion with HUD and after the meeting he will have a better idea of the funding available for this particular project. All in favor, motion carried. MINUTES Councilman Parry moved to approve the minutes of Council meetings for June 12~ '18, 26, July 3, and 9, 1979; seconded by Councilman Isaac. ACCOUNTS PAYABLE Councilman Van Ness moved to table; seconded by Councilman Isaac. All in favor, motion carried. CITIZEN PARTICIPATION 1. Don Siegle suggested that the city close one side of the street one day a week for snow removal. H. J. Stalf told Council this has been tried and it did not work as the Snow r~oval city did not have the ability to enforce it because of the tow truck availability. Now that the city has their own truck it might work. COUNCILMEMBER COMMENTS 1. Councilman Van Ness pointed out that for several agenda items, written memos are not included. Councilman Van Ness said CounCil should stick to their rule that if there is nothing written in the packet, the item is automaticallY tabled. Council agreed. 2. Councilman Van Ness said at the corner of Hunter and Hopkins there is construction going on and there is wooden barriers out in-the street. This is a dangerous situation ~:Construction for pedestrians and vehicles. Stock told Council the UBC asks for this barrier and allows barriers in for the discretion of the building inspector for the size and the need. Councilman Van streets Ness asked that the building inspector look into these barriers around town. 3. Councilman Isaac noted the P & Z passed a resolution on the need to hire a zoning enforcement officer. Councilman Isaac said he felt it is appropriate to discuss this Zoning before budget time. ~forc~m~nt 4. Councilwoman Michael asked for the status of the report on the Wheeler Opera House Wheeler Opera renovation. Mayor Edel said this report would be on the next agenda. house 5. Mayor Edel said from the 500 applications for city manager, it has been cut down to 60 or 70. Mayor Edel told Council there are people willing to donate their services to screen these. Mayor Edel said he would like outside assistance to view 60 or 70 and cut City manager it down to 10 or 15 and then Council would personally interview the last 15. Councilwoman applications Michael said she would prefer the outside people to meet with the committe and whoever else wants for the cut. Councilman Isaac said the city manager sits at the whim of the Council and he had a problem giving the responsibility of choosing this person to someone else. Councilwoman Michael moved to have Mayor Edel invite Warren Bennis and Rich Leavengood to work with the sub-committee; seconded by Councilman Collins. Mayor Edel, Councilmember Michael and Collins in favor; Councilmembers Van Ness, Parry, and Isaac opposed. Motion NOT carried. 6. Mayor Edel told Council he had attended another meeting of the Mayor's Association of Ski Towns. The head of CHAFA said this group will be important in various areas. There will be another meeting August 25 in Telluride where the group will be formalized. There CAST is a $500 fee for each of the 11 cities involved; there will probably be additional finances after the group gets going. The council needs to authorize a $500 commitment. Councilman Van Ness said he felt this was an excellent idea and probably a good investment Councilman Van Ness moved to add this item to the agenda; seconded by Councilman Parry. All in favor, motion carried. Councilman Van Ness moved to approve the $500 expenditure; seconded by Councilman Parry. All in favor, motion carried. WHEELER OPERA HOUSE RENOVATION GRANT John Stanford told Council in 1978 the city got a grant from the federal government for Wheeler Opera historic preservation purposes in the amount of $24,000. It is a 50/50 matching grant house - renovat~ ~ and the city has to come up with $12,000. The grant monies will develop restoration grant guidelines for the Wheeler; there is a contract with Harry Weiss to develop this; Weiss will identify physical elements of the building to be restored. The first report is the overall element in restoration and will serve as part of an architect program. The other ReguLar Meeting Aspen ulsy uounu~l ~u~u~L ~, ~,~ major part of the architectural program is the reuse of the building, which is being addressed by the Roaring Fork Arts group. Both the report from Weiss and the report from the Roaring Fork Arts group will be complete in September. Stanford told Council it is important to develop the restoration time table to address who will be administering and managing the building. Stanford said these issues are worthy of a study session when the reports are done. Stanford also said the lease on the theatre will be up in March 1981; this should be considered in a separate study session. WHEELER OPERA HOUSE BOILER Dave Ellis, city engineer, told Council the boiler is old and sections have begun to fail due to deposits of lime on them and there are only 13 of 16 sections remaining in good Wheeler Opera condition. Dan McArthur indicates the cost for repair is in the range of $5,000; a new House boiler boil~r~.would cost $15,000. A new boiler would utilize the existing pipe syStem in the building, the restoration would not interfere, and they could keep the existing hardware. Ellis recommended a new boiler. Councilman Collins said he did not feel it would be wise to have a new boiler now; the city should make whatever repairs are necessary for this year. Councilman Isaac agreed, and pointed out the city has a problem with funds. Lois Butterbaugh, finance director, said there are additional revenues coming in the sixth penny funds; the july revenues are up. There is $35,000 available; however, there are several contingencies on that. Councilman Parry asked if it would no% be better to install electric heat. Ellis said that may interfere with the historic aspects of the Wheeler. Mayor Edel pointed out the city is so close to a major overhaul on the Wheeler, it is $5,000 repairs would tide over that would be a better way to go. Ellis said there is a large problem in finding the boiler sections; if these cannot be found, the section will be cut off and blocked. Stalf said a new boiler would be ideal for the Wheeler as it is expandable. It is worth investing in and will solve the heating problems. Councilman Van Ness asked if this expenditure could come out of the real estate transfer tax. Ms. Butterbaugh said she did not see anything to prohibit this; the city could pay it out of sixth penny now and reim- burse it after the tax is in effect.' Councilman Parry moved to purchase a new boiler for the Wheeler Opera House out of sixth penny f~nds and to reimburse it from the real estate transfer tax; seconded by Council man Van Ness. All in faVor, motion carried. LIQUOR LICENSE RENEWALS - Magn.ifico Liquors, La Cocina, Skier's Chalet and Steak House, City Market. Liquor License Councilman Isaac noted that La Cocina has been serving liquor outside on the grass and renewals sidewalk area and would like them advised this is not legal. Magnifico's La Cocina, Councilwoman Michael moved to approve the renewals for Magnifico, La Cocina, Skier's Steak House Chalet, and City Market; seconded by Councilman Isaac. All in favor, motion carried. City Market LIQUOR LICENSE RENEWAL - The Souper The Souper's liquor license lapsed on July 5, 1979, and the owner neglected to renew it, The State had nOt a~lowed Siegle to sell liquor. Don Siegle told Council he had gotten Liquor License behind in sales tax payments and had worked out a payment schedule with the state, which renewal - is a considerable amount of money every week. Siegle told Council he had talked with The Souper the state liquor inspector and worked out a penalty. If the council approves the renewal Siegle will be voluntarily abstaining from selling liquor for the same period he was selling liquor without a license. Siegle will then have to prove to Dotson there is damage to his income. Councilman Van Ness said he would like to see the payment schedule in writing. Councilman Van Ness said if Dotson felt this penalty was alright, the Council could approve this license at the first meeting in September. Siegle told Council the state would not act before the city acted, and needed the approval now. Councilman Parry moved to approve the renewal pending Chuck Dotson's approval; seconded by Councilman Van Ness. All in favor, motion carried. REQUEST FOR PUBLIC HEARING - Mama Brigitte's/Lonestar Saloon Tom Dunlop told Council he had inspected the premise this date and he would no longer Request for request a public hearing because they had brought the establishment into compliance. The public hearing city clerk submitted a letter from the owner and the former-manager that had satisfact- Mar~a Brigitte's orly resolved the problem of two separate businesses as far as the city agreement was concerned and the state's complaint. Councilman Van Ness moved to dismiss the complaints; seconded by Councilman Parry. All in favor, motion carried. APPROVAL OF CONSULTING CONTRACT Dave Ellis told Council this contract is the first step of the street improvement pro- gram. The engineering department sent out letters of interest to 18 firms; screened the Street improvement replies and narrowed it to 3 firms and invited them to submit detailed proposals, followe, contract by site inspections and interviews. Ellis said that Centennial Engineers made the best presentation; they are specialized in traffic engineering and work with governmental agencies alot. They have a local office in Carbondale. Their design services would cover all preliminary survey work; soils investigation, drainage system and preparation of the final design documents. The design phase is $59,000 topset figure. The bonds were approve at $1,200,000 and of that $200,000 is contingency. Councilman Isaac moved to approve the contract with Centennial Engineers; seconded by Councilwoman Michael. Councilman Van Ness asked how the other applicants compared, lon price. Ellis said one was slightly lower and one was so low as not to be realistic. They had left out details and were not into the project. Ellis said after careful evaluation, he felt that Centennial would be the best. Mayor Edel asked if the businesses along Mill street had been advised of the construction schedule and suggested they be kept aware. Ellis said this is a part of the preliminary design. All in favor, motion carried. Mayor Edel asked that the preliminary plans be brought to Council. SUBDIVISION EXEMPTION - Getz Richard Grice, planning office, told Council this is a request for subdivision exemption . Subdivision for condominiumization of a duplex located at the cul-de-sac of east Hyman. The P & Z Exemption approved the request subject to the recommendation of six month minimum lease. ~etz Councilman Isaac moved to approve the subdivision exemption with a six month minimum lease seconded by Councilman Parry. All in favor, motion carried. FINAL SUBDIVISION - Shoaf Grice told Council this is a 30,000 square foot lot in the R-15 zone with an existing Final single family dwelling. They are asking to split the lot and create a conforming parcel Subdivision of 15,000 square feet. Grice told Council there were a long list of problems from the Shoal engineering department; the applicant submitted a new plat that was acceptable, including the designation of lot 2. Councilman Isaac pointed out this is on a steep slope,and asked if there was slope reduction. Grice told Council the slope reduction only exists when the land is in a PUD zone. Councilman Parry moved to approve the final subdivision for Shoaf; seconded by Councilwomal Michael. All in favor, motion Carried. SPECIAL REVIEW - Baker Jim Reents, planning office, told Council this application for special reveiw by Baker is Special~eview to approve an employee dwelling unit in addition to building a two-family dwelling unit within the R/MF zone. This has been reviewed by P & Z; it was found to be an employee for employee unit -Baker unit and recommended at the moderate price restriction. There might be some duties on the property that the resident employee would perform, and that the rental restriction reflect: that. Reents pointed oUt there is a request for exemption of the park dedication fee for the restricted unit. It was the feeling of staff that to put an additional ubrden on the applicant, who is willing to provide emPloyee housing, was not necessary. Councilman Isaac moved to approve the requests; seconded by Councilman Parry. All in favor, motion carried. SEARS BUILDING REZONING Councilman Van Ness moved to table at the applicant's request; seconded by Councilman Parry. All in favor, motion carried. RECREATION DEPARTMENT REPORT Recreation Ted Armstrong told Council the city took over the recreation programs in 1967 with two Department baseball teams and 30 people in swimming. Currently there are over 5,000 people in P~port active, recreational programs in the city. The city has a swim program with lessons and teams, tennis programs, golf program, gymnastics, baseball, girls' softball, sailing, hiking and playground program, soccer, junior football, cross country skiing, basketball. There are senior programs of flag football, slowpitch softball with 54 teams participating volleyball. All of the programs are up this year. The city owns some sailboats, which they got help acquiring from the Ladies at the Thrift Shop. Next year there will be an ice skating program. ArmstrOng told Council the recreation department is a support for other organizations such as rubgy, LaCrosse, soccer. The impact on Wagner Park is incredible. Councils have tried to upgrade the city's facilities so that all programs can be taken care of. The recreation department issues all park permits. The city cooperates with the school and has a good working relationship. The school has allowed the city the use of the oval field and the upper elementary school gym. The city does the maintenance on these. Armstrong outlined the city's recreation facilities; 13 tennis courts, four 3-wall outdoor racquetball courts, one regulation AAU. pool, which should be covered, six softball diamond~, 18-hole golf course, ice rink. The Thrift Shop ladies donate $1,000 a year to the senior baseball. ~mstrong is active is parks and recreation organizations outside Aspen. Armstrong told Council he had had five programs funded by the BOR such as the bike path~to the high school, the Glory Hole park, Iselin Park construction, the swimming pool and the James E. Moore pool property. The recreation programs cost about $10 per program for the entrant and are 90 per cent self-sufficient. Councilwoman Michael asked what the plans for the Ice Garden are. Armstrong said 1/17th of the current budget has been taken care of by putting the hockey camp back in next year. This nets $20,000. Armstrong said he is ~rying to set up programs to get more activities in there and keep the existing program going. He would like to offer new programs in the summer time. Councilman Parry asked if the hockey camp could be extended. Armstrong said it cant be because of football practise. Mayor Edel asked Armstrong to come up with a five year program on what the city needs in terms of field, covering the pool, what new programs, attendance, etc. ORDINANCE ~44, SERIES OF 1979 - R-15A Zone District Mayor Edel opened the public hearing. Ms. Smith entered the file and the P & Z resolutiOlSord. into the record. MayOr Edel closed the public hearing. 44, 1979 R-15Adistrict Councilman Isaac moved to read Ordinance #44, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #44 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A NEW R-15A ZONE DISTRICT AND AMENDING SECTION 24-3.4 SUCH THAT ALL AREA AND BULK REQUIREMENTS OF R-15 SHALL APPLY IN THE R-15A ZONE DISTRICT was read by the city clerk. Ms. Smith told Council this is a new zone district brought about because of annexation. The planning office did not want to permit a doubling of density as would be if it were R-15. The R-15A district could have duplexes if one-half of the duplex is employee housing. Councilman Collins stated that an employee housing overlay has been discussed and this should be addressed on a broader scale than this ordinance. This is in effect giving a bonus and doubling the density. The question of providing this type of bonus should be applied throughout the city. Councilman Van Ness said it is becoming apparent there is an employee housing crisis. The city is having a hard time hiring people, and the council should do everything possible for housing. Councilman Collins argued if there is going to be this sort of employee housing overlay, the City is defeating the GMP. There is a lot of commercial space coming in and no one can begin to accommodate the employees that space will generate. The Council should assign an employee housing overlay and distribute it throughout the residential areas of the city. Councilman Collins said he was supportive of employee housing but as this is drafted it may compromise the GMP is a serious way. Councilman Collins said the more the city does in employee housing, the less the private sector is doing. Councilman Van Ness said all this is doing is bringing the density in any annexed area up to the same density as the city but half of it has to be employee housing. Councilman Isaac moved to adopt Ordinance #44, Series of 1979 on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye; Michael, aye; Parry, aye; Collins, nay; Isaac, aye; Mayor Edel, aye. Motion carried. ORDINANCE #45, SERIES OF 1979 - Annexing Lot 13, Pitkin Mesa Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Ord. 45, 1979 Annexing Lot 13~' Councilman Parry moved to read Ordinance ~45, Series of 1979; seconded by Councilman Isaac. PitkinM~sa All in favor, motion carried. ORDINANCE ~45 (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND CONSISTING OF LOT 13, BLOCK 1, PITKIN MESA SUBDIVISION, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk. City Attorney Stock explained this lot is the only one not annexed years ago. The new owners asked to be annexed and got 100 per cent of the property owners to sign the petitio!. Stock pointed out the city services the area with police, buses and street cleaning. Ms. Smith recommended R-15 zoning for the property as it is fully developed with a duplex on it. Councilman Isaac moved to adopt Ordinance 945, Series of 1979, on second reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Isaac, aye; Collins aye; Parry, aye; Van Ness, aye; Mayor Edel, aye. ORDINANCE 946, SERIES OF 1979 Zoning Plum Tree Property (P/T Overlay) Ord. 46, 1979 Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Zoning Plum Tree public hearing. P/T Councilman Parry moved to read Ordinance #46, Series of 1979; seconded by Councilman Isaac All in favor, motion carried. ORDINANCE #46 (Series of 1979) AN ORDINANCE ZONING THE PLUM TREE PROPERTY FROM P (PARK) TO P,T (PARK-TRANSPORTATION OVERLAY) was read by the city clerk City Manager Stalf told Council the city needs an impound lot and long term and intercept parking. The city is losing money by not having an impound lot and cannot run a tow service without having a locked lot. The staff investigated a lot of areas and felt this was the best location. This lot will be bermed and screened. The Council said they were afraid this berming would ruin the view of the golf course from some of the rooms at the Plum Tree. Councilman Collins questioned the propriety of putting junkers out there; this is not compatible with the golf course. The city ought to find a place where the impound lot belongs and not disturb the operation at the golf course. Councilman Collins said he felt it was a mistake to have a transportation overlay out there. Reqular Meetinq Aspen City Council August 13, 1979 Ms. Butterbaugh stressted the urgency of solving the impound lot problem. There is a proposal for the purchase of another tow truck, and there must be a secure impound lot so that the operation will pay for itself. Ms. Butterbaugh recommended towing until the city has a locked lot. Councilman Parry asked if the city could have a small impound lot behind the Obermeyer property. Stalf pointed out that area is zoned greenway and the P & z has not approved any impound lot on the property. Council asked that they be able to review this after it has been in operation awhile to make sure it is not disturbing anything and ruining any views. Councilman Parry moved to adopt Ordinance 946, Series of 1979, on second reading; seconded by Councilman Van Ness. Roll call Vote; Councilmembers Collins, nay; Parry, aye; Isaac, aye; Michael, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE 947, SERIES OF 1979 - Midland Park Rezoning Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. 47, 1979 public hearing. Rezoning Midland/Park Councilman Van Ness moved to read Ordinance 947, Series of 1979; seconded by Councilman Isaac. Ail in favor, motion carried. ORDINANCE #47 (Series of 1979) AN ORDINANCE ZONING THE MIDLAND PARK SUBDIVISION WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 21, SERIES OF 1979, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Ms. Smith told Council this proposed zoning, R/MF, is consistent with the adjacent zoning and will accommodate the density of the townhouse construction. Councilman Parry moved to adopt Ordinance %47, Series of 1979; seconded by Councilman Isaac. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Van Ness, aye; Michael, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE %48, SERIES OF 1979 - Vacation of Castle Avenue Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. 48, 1979 public hearing. Vacation of Castle Avenue Councilman Parry moved to read Ordinance %48, Series of 1979; seconded by Councilman Van Ness. Ail in favor, motion carried. ORDINANCE %48 (Series of 1979) AN ORDINANCE VACATING THE ALLEGED CITY ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: was read by the city clerk Stock showed Council a map of the area with the lots and the dedicated roadway. Stock sai. it would be possible for the property owner to divide the land into five sites and one parcel would be the road. Stock recommended, if this is vacated, there be an easement provided to the parcel that would not have access by a dedicated roadway. Council request. the ordinance be amended to say the the roadway Cannot be used as additional density. Councilman Parry moved to adopt Ordinance ~48, Series of 1979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Van Ness, aye; Collins, aye; Isaac, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. CITY MANAGER 1. Request study session on annexation policy, marketing survey, and housing. Council- woman Michael requested a study session to cover these topics. Councilman Van Ness said he would like to have the staff prepare written report on what the options are. The study session was not set as the marketing study has not been finalized. 2. Aspen Savings & Loan 10,000 meter foot race. Stalf told Council this is the third Foot race annual foot race and the police and street department are aware of it. Mayor Edel said the fire department should be notified. Councilman Van Ness moved to approve the foot race; seconded by Councilman Parry. All in favor, motion carried. 3. Fountain at Galena and Hyman. Stalf has requested a report on this sculpture contest fr( Mall Fountain Nick De Wolf, and requested that Council approve the guidelines. This is a budgeted item Gale~ & Hyman at $15,000. Councilwoman Michael noted the guidelines are very practical. Councilman Parry moved to approve the guidelines; seconded by Councilwoman Michael. Stalf said this may be a sculpture with water trickling; they have only requested pressure up to 40 psi. Stalf said one of the gUidelines is that this must be moveable as they may decide to move this fountain. The fire access is a problem. All in favor, motion carried. Aspen Rugby 4. Aspen Rugby Club - England Tour to Aspen. Stalf told Council the Rugby Club has re( two city buses to transport the English teams from Denver to Aspen at cost. Stalf said he Club had no problem with this. Regular Meeting Councilman Van Ness moved to approve the bus request; seconded by Councilwoman Michael. All in favor, motion carried. Aspen R~gby Steve Sherlock, president of the English Rugby Team, told Council he felt that the state Club- bus or Wagner Park is atrocious. The rugby club used to get money after the games to help request keep the park in good condition. Sherlock also told Council he felt it was a shame that the Aspen Athletic Club lost their building and asked that Council consider giving it back or finding a replacement. Billie Thom invited Council to the banquet at Andre's August 22nd. Thom told Council he felt it would be a good gesture if the Council would provide the buses free. This trip is costing $4,000 for everything; rugby players are putting up the English team. There are 62 pi~yers coming to Aspen for 10 days. Council- woman Michael pointed out the Council would not fund the expedition to Nepal. Councilman Van Ness said there is a big difference between giving people money to leave town and donating something that will bring business into town. Councilman Van Ness pointed out the city will get this money back in sales tax. It has always been the rationale in givin the Rugby team money because they bring in people and business in the offiseason. Councilman Isaac moved to donate the buses to the rugby players; seconded by Councilman Van Ness. All in favor, with the exception of Councilwoman Michael and Mayor Edel. PETITION FOR INCLUSION OF PROPERTY IN ASPEN METRO SANITATION DISTRICT Stock told Council that currently the water plant site in not within the Aspen Metro San District and if employee housing is build, they will pay 1,1/2 times the service rate. Water Plant The petition requests that the entire 63 acres be taken in and added to the Metro San Property District. The city's land will not be taxed because of the city's exempt status. The included in employee housing site will have some taxes on it. San District Councilman Van Ness moved to authorize the Mayor to sign the petition; seconded by Council man Isaac. All in favor, motion carried. ORDINANCE ~50, SERIES OF 1979 - Conflict of Interest This item was put off to the next agenda. RESOLUTION ~17, SERIES OF 1979 - The Aspen Institute Stock submitted a draft resolution. Councilman Van Ness said he had not had a chance to read this and asked to wait two weeks. Councilwoman Michael said Stock in the tone of Reso. 17, 1979 this resolution was trying to adopt the tone suggested by a couple of Councilmembers. Aspen Ins~itue Councilwoman Michael said she felt the tone was too heavy handed. Councilwoman Michael said she expected a finding of fact and little tone of defensiveness, and quoting from the staff may not be the way to go in this document. Stock said he used that as it is a rationale in some oourt cases and Council had included this language in one of their motions. Stock said he had taken the attitude the city was likely to be sued by the Institute. Councilwoman Michael said this started out as a political document and she expected a finding of fact. Perhaps this resolution should not be worded for an expectation. Mayor Edel said he would have sided with Councilwoman Michael; however, the Institute embarked on a campaign based on innuendo and lies which have prejudiced him in favor of a stronger position. Mayor Edel said the attitude of the Institute since Council has made their decision is disgraceful. Councilman Van Ness moved to table this resolution; seconded by Councilwoman Michael. All in favor, motion Carried. CITY ATTORNEY CONTRACT Councilman Parry moved to approve the contract be retroactive to June; seconded by Council- man Collins. Stock told Council he was getting $27,000 plus fringe; has increased this to $31,000 plus Contract- fringe and deleted the four ski passes. The contract states the attorney receives every City Attorney benefit received by every other employee. Councilman Isaac asked if this contract included a cost of living raise if other staff received it. Stock said the way it was presently written it does. Council asked that it state the attorney does not receive a cost of living increase as it is built into the contract. Councilman Van Ness moved to approve the contract; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #52, SERIES OF 1979 - Adopting New Fee Schedule from the Uniform Building Code Ord. 52, 1979 Stock told Council this is a request from the building department to adopt the fees of the UBCfees new UBC and will bring in more revenue to the city. The fees are structured higher than they currently are. Stalf pointed out all other towns have adopted this for this building season; these are uniform fees and the city just neglected to done. Councilman Van Ness moved to read Ordinance #52, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~52 (Series of 1979) AN ORDINANCE MODIFYING THE PLAN P~EVIEW AND BUILDING PERMIT FEES CONTAINED IN THE UNIFORM BUILDING CODE was read by the city clerk Councilman Parry moved to adopt Ordinance ~52, Series of 1979, on ~rst reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Collins, aye; Isaac, aye; Michael, aye; Mayor Edel, aye. Motion carried. ~ ~egu±ar meeting Aspen City CoUncil Augu~ ORDINANCE #53, SERIES OF 1979 - Zoning Water Plant Site lOrd. 53, 1979 City Attorney Stock told Council this ordinance will zone the property the Council recentl. iZoning water annexed as SPA on 63 acres and zone the 10 foot strip of County property as R-15, which iplant site will be used as setbacks. The intent of Council's agreement with the county is that they could develop their property as they saw fit, Councilman Parry moved to read Ordinance #53, Series of 1979; seconded by Councilman Isaac All in favor, motion carried. ORDINANCE #53 (Series of 1979) AN ORDINANCE ZONING THE WATER PLANT SITE WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ©.RDINANCES NOS. 43, 49 AND 51, SERIES OF 1979, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Councilman Parry moved to adopt Ordinance #53, Series of 1979, on first reading; seconded by Councilman Isaac. ROll call vote; Councilmer~bers Van Ness, aye; Collins, aye; Michael, aye; Parry, aye; Isaac, aye; Mayor Edel, aye. Motion carried. ORDINANCE #54, SERIES OF 1979 - SPA Water Plant Ord. 54, 1979 Stock presented maps and plats and plans and told Council the 63 acres owned by the city SPA Water plant is divided into 3 areas; employee housing site; the current water plan; open space. Stock said the P & Z considered this and recommended approval of a specific SPA plan for the employee housing site, giving uses allowed in the R/MF zone and establishing for the remainder of the property, public use. This adoption is sufficient for the property that is to be developed. If any further development were to occur, it would require the amend- ment to the specific SPA plan. Councilman Isaac moved to read Ordinance #54, Series of 1979; seconded by Councilman Parry~ All in favor, motion carried. ORDINANCE #54 (Series of 1979) AN ORDINANCE REZONING THE WATER PLANT SITE ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTER PLAN FOR THE SITE, THE ELEMENTS OF WHICH MASTER PLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilman Parry moved to adopt Ordinance #54, Serie~ of 1979, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Parry, aye; Van Ness, aye; Isaac, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE #55, SERIES OF 1979 - S/C/I Redraft Ms. Smith told Council that they had asked the planning office and the P & Z to clarify Ord. 55, 1979 the intent of the S/C/I zone. Ms. Smith said they clarified it to be a wholesale zone S/C/I redraft for uses that do not generage high traffic levels. The S/C/I area is important to pre- service for uses that can least afford to pay the high commercial rentals. This came out of one specific a~plication, and this ordinance does nothing more than clarify the intent of the zone. Council had a long discussion on the present uses in the S/C/I zone and whether they actually met the intent of the ordinance. Mayor Edel suggested making the ordinance as strict as possible, exempt the existing uses and if the people leave, the uses have to come up to this ordinance. Stock said it may be possible to grandfather the uses there now; however, he would try and do this. Councilwoman Michael moved to table this under it is redrafted by Stock; seconded by Councilman Van Ness. All in favor, with the exception of Councilman Isaac. Motion carried ORDINANCE #56, SERIES OF 1979 - Inducement for Industrial Revenue Bo~ds Stock said if the Council adopts this inducement ordinance saying they will issue the Ord. 56, 1979 bonds, from this day forward, any expenses incurred will become part of the bonds. The Industrial amount of the bonds should read $4,000,000. Th~ purpose of this ordinance remains Revenue Bonds consistent with the City's actions to date. By the second reading of this ordinance, ther~ Aventura- will be a rough draft of the land lease which will establish the criteria for rents and smployee housing increase in rents~. The staff will take this through subdivision exemption and exemption from the GMP. Mayor Edel asked if the staff had approached other underwriters for this bond issue. Ms. Butterbaugh said this project is on a very tight schedule. Mayor Edel said this should be investigated. Stalf said the Council had always been supportive of Kirchner/Moore and have not had this direction before. Councilwoman Michael said she feels this project is critical and perhaps the Council should take the project the way it exists and keep working. It is valid to bring up the policy with bond underwriters later. Councilman Isaac pointed out that the City has an agreement with Kirchner/Moor as fiscal advisers. Councilman Isaac moved to read Ordinance #56, Series of 1979; seconded by Councilman Collins, All in favor, motion carried. ORDINANCE #56 (Series of 1979) AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT BONDS TO FINANCE A PROJECT FOR ARDS, LTD. #1, AND JOINT VENTURES was read by the city clerk. 2718 Regular Meeting Aspen City Council August 13, 1979 Councilman Isaac moved to adopt Ordinance #56, Series of 1979, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Collins, aye; Michael, aye; Isaac, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. Council schedule an executive session to discuss the plum Tree litigation for Wednesday August 15th at 10 a.m. following a housing committee meeting scheduled for 9 a.m. Councilman Van Ness moved to adjourn at 10:17 a.m.; seconded by Councilwoman Michael. All in favor, motion carried. Kathry~Koch, City Clerk