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HomeMy WebLinkAboutminutes.council.19790827 Aspen uzuy ~ouncll 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 ~lum 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 Regular Meeting Aspen City Council August 27, 1979 JOINT MEETING WITH COUNTY COMMISSIONERS The meeting was called to order by Mayor Edel at 4:05 p.m. with Commissioners Kinsley and Child and Councilmembers Collins, Isaac and Behrendt present. 1. Open Space Advisory Board. Jolene Vrchota reminded the Boards she had presented an amendment to include Snowmass in the agreement. Snowmass is making a decision right now on whether they want to participate financially, and the Boards should wait to find out Snowmass's decision. Ms. Vrchota said she had asked Snowmass to contribute funding according to population. The figures would be Aspen $1400, Snowmass Village $360 and Pitkin County $2240, if the Board felts this was an appropriate method of allocating the funds. Both Council and the Commissioners agreed. The other issue is nomination of members to the advisory board. Trout unlimited would like to keep Bill Pedersen as an alternate member. Also Marcia Corbin has resigned becaus of other obligations and a one year alternate member needs to be replaced. Ms. Vrchota told the Boards that Ben Rawlins from Snowmass is willing to participate. Councilman Behrendt moved to nominate Bill Pedersen; seconded by Commissioner Child. All in favor, motion carried. Commissioner Kinsley moved to nominate Ben Rawlins; seconded by Councilman Parry. All in favor, motion carried. 2. A-95 Review: Colorado Food Clearinghouse. Gene Marsh told the'Boards this proposal provides for district clearinghouses to be set up around Colorado. The way it presently works is volunteers driving around to grocery stores picking up unsaleable food and then truck food over to non-profit organizations. The volunteers also go,to restaurant distri- bution centers for food. If this were in effect here, it would probably be in Gtenwood Springs; this is all done with private cars and private citizens. Ms. Marsh pointed out the nutrition sites for senior citizens probably could not use the food because they have to plan in advanced. Ms. Marsh said she felt the program was poorly planned. Commissioner Kinsely moved for no comment; seconded by Councilman Parry. Commissioner Kinsety said there may be potential value to the program; however, it is junk food, he would not support it. Mayor Edel said he felt the boards should make some constructive statements, saying why it is not good. Commissioner Kinsley withdrew his motion; Councilman Parry withdrew his second. (Council- members Michael and Isaac came in.) Councilman Behrendt said he would like the human resources director to comment to COG on the quality of the program; under the present arrangement it is better for the government to stay out of the program. Councilman Isaac told the Boards that COG turned the program down as they felt the only place a center would be set up is in Denver. Commissioner Kinsley moved to authorize Ms. Marsh to make general comments to the appro~/ priate authorities on this program, to wit the extent to which it distributes whole foods that would otherwise be wasted, it is supported; to.the extent to which it distributes junk food, it is not supported; seconded by Commissioner Child. All in favor, with the exception of Councilman Isaac. Motion carried. A-95 Review: Economic Development Policy Formulation and Implementation. Commissioner Kinsley pointed out this has some merit, but it has been handled in Pitkin County by the OEDP. Councilman Isaac said COG turned this down; however, the money was to set up some economic alternatives. Commissioner Kinsely moved for no comment; seconded by Councilman Isaac. · All in favor, with exception of Commissioner Child and Councilwoman Michael. Motion carried. Council ~mnd the Commissioner set a work session on the Sno~'Engineering housing report for Friday, August 31, at 9:30 a.m. Commissioner Child said that the County would like to challenge the City to a softball game at a later selected time and place. Mayor Edel brought up a letter from Jere Rood, Job Service Center. Rood told the Boards he was going to ask the business community if they would be willing to come up with financial support. Councilman Behrendt said he would like to ask the Chamber for a commel on what they think of the program before the ~ity and County give any more funds. R~i~ ~etin~ ~pe~ ~? council Auqust 27, ~_ Commissioner Kinsley moved to approve the $75 expenditure for a mailing to the business community; seconded by Councilman Behrendt. All in favor, motion carried. Bill Martin told the Boards he felt their constituents were confused about h~w theCCouncil and Commissioners feel about the drug problem in Aspen. There has been a lot of discussio~ about the image of Aspen in national media. Martin said the Boards ought to come up with a resolution on how they feel about this area, that they believe in motherhood, talking about things the Boards are really trying to do. Mayor Edel concurred the Council should come up with a statement regarding drugs. Commissioner Kinsley said he was very concerned about the image of Aspen, but to say anything is just to beat the drum a~ain. Mayor Edel said he was concerned that people locally know the Board's approach towards drugs. Counci~ woman Michael said that people look to elected officials to make statements about things that matter. Chief of Police McClung said the Council has been supportive of their stand, their position against drug use. Councilman Behrendt pointed out the biggest drug problem is alcohol. Whenever Aspen has experts, professional to answer if there is a drug problem here, and the answer is that Aspen is rather a typical community. Martin said that people would like to know what the Boards stand for. Commissioner Child said the positive aspects of the community should be stressed, such as participation in the Pitkin County Fair. Mayor Edel suggested appoin~ ing a committee to investigate whether they want to write a resolution and what is should contain. Councilman Van Ness said he felt this is a dangerous area, and perhaps the Board~ are not qualified to determine what is good and bad for people. Councilman Van Ness point~ out the police are restricted in what they can and cannot do by the Constitution; they are doing their job in enforcing the drug laws. Councilman Van Ness said the Boards do not have enough information to make a resolution of this sort. Mayor Edel said Martin requested a philosophical statement of where the Boards are about Aspen vis a vis drugs. Commissioner Kinsley stated there is a recent report determining each day in 1971 between 100 and 200 people died as a result of prescribed drugs. Kinsley said he would totally support any resolution or action opposed to ab~se of all drugs that are damaging, legal or illegal. Kinsley said he would oppose anything else. Councilman Isaac said the Boards have given the law enforcement officers guidelines to follow and support their stance. The Boards decided that no action was preferable. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of July 16, 1979; seconded by Councilman Behrendt. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Behrendt moved to approve the accounts payable for July; seconded by Councilwoma %~ Michael. All in f~avor, motion carried. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS t. Councilwoman Michael said that after the Council had voted no ~o the Institute, there Aspen Institute were comments that the Council's position might have been misrepresented. Councilmembers suggested when the Board of Directors for the Institute meets in Aspen in late August, the Council ought to think of approaching them. Councilwoman Michael moved to place on the agenda before consideration of Resolution 917, a discussion of ways to approach the Aspen Institute on some informal dialogue basis since the Board of Directors is in Aspen; seconded by Councilman Parry. All in favor, motion carried. City Attorney Stock requested the following additions to ~he agenda; appointment of Municipal Judge for June 1979 to June 1981; special meeting to deal with the Plum Tree and reconsideration of Ordinance ~46, P/T overlay at the Plum Tree. Councilman Behrendt moved to put all three items on the agenda; seconded by Councilman Parry. All in favor, motion carried. 2. Councilman Van Ness pointed out there is a controversy going over the non-payment of the bill from the investigators in Colorado Springs. This is a matter to be decided by the Council; this is creating a lot of un~eeded publicity. Councilman Van Ness moved to put this on next Council agenda; seconded by Councilman Behrendt. All in favor, motion carried. 3. Councilman Isaac told Council Saturday he had been called in to meet a gentleman from Garmisch who presented the City with a book about Garmisch. Councilman Isaac bought a boo~ about Aspen to give in return. Councilman Isaac requested to be reimbursed. Councilman Behrendt moved to reimburse the expenditure; seconded by Councilwoman Michael All in faovr, motion carried. 4. Councilman Isaac said the Visual Arts Center did not have a lease and instructed the Visual Arts city manager and city attorney to draft this lease. Stock said this lease keeps getting Center lease put lower on the priority list because of other pressing matter. Councilman Isaac a~ked when Smuggler trailer court would be on the agenda. Mayor Edel pointed out the City had ~u~=i lvl~ln9 Aspen ul%y uouncli August Z/, 1979 been hit with a rather major suit that was taking the City Attorney's time. However, Smuggler should be pushed up on the priority list. Ms. Butterbaugh said the Council will be reviewing the needs of the city next week and she would like Council to see the appropriations already required before Council approp- riate any more money. Stock said the Visual Arts Lease will be the middle of September. Smuggler Trailer Park was in the city attorney's report; the question of whether the city can take the park through eminent domain, the answer is yes. However, there are many problems with this. Councilman Van Ness requested Smuggler be on the next agenda and that the financial people and planning present a position. Councilman Van Ness said the owner of the park be invited. Council set up a work session on Smuggler for Wednesday, Septembe 5. Brooke Peterson, representing the residents, told Council he and the attorney for the owners would both like to have a study session, also suggested inviting the P & Z Visual Arts Center Ms. Butterbaugh told Council she had discussed the Visual Arts Center contract and it is important the city move on this. The VAC has submitted a proposed contract, ~hich was reviewed by Stock and Butterbaugh; this was not within the understanding of where the City stood, and asked for multiple in-kind services. Ms. Butterbaugh replied if the Council wished to donate money for payment of utilities that would be all right, but it could not be hidden in the bookkeeping. Ms. Butterbaugh said the timing is critical; the contract was submitted several months ago that they have been under the assumption that the City is picking up all utilities at the facility. Ms. Butterbaugh said she understood the City would provide the building and $15,000 toward the operation, and the VAC would pick up all operating costs. It is important to get the contract finalized, because the finances of the VAC will be affected by the City's decision. Ms. Butterbaugh said she would follow up on it. 5. Mayor Edel noted the City does have a suit by the Institute and the City does need Aspen Institute counsel. Mayor Edet suggested that Councilman Van Ness work with Stock in making the fina special counsel decision on who that counsel be. Councilman Behrendt said he would work on the committe also. Councilman Van Ness said that the entire Council should make the final decision. 6. Councilman Isaac told Council that COG was going to ask for more money to support the water fight. The 208 water plan is in the middle of litigation for diversions in Grand County, and the Council will have to make a decision on how much they are willing to support the battle in Grand County. Council asked that Councilman Isaac report on the COG meeetings. SPECIAL EVENT PERMIT - Aspen Foundation for the Arts Jeff Sachs told Council this is a request for a special event permit for September 14 and Special Event 15 at Paepcke auditorium for the Filmfest. Pezlilit -Aspen Foundation for Councilman Behrendt moved to approve the special event permits; seconded by Councilman Arts Isaac. All in favor, motion carried. APPLICATION FOR A 3-WAY LIQUOR LICENSE - Primavera Ristorante Mayor Edel opened the public hearing. Councilwoman Michael withdrew because of conflict Three-way liquor of interest. City Clerk reported the files, posting and publication were in order, license The sanitarian and fire marshal reported no problems. Primavera Ashley Anderson representing the applicant, Harley Baldwin, told Council this is a request for a three-way liquor license. Baldwin is currently operating the Primavera, which beer and wine license was transferred to him 6 weeks ago. Baldwin has owned the Brand building for six years. The?' operation will be managed by Carl Jerome, who has had a lot of cook- experience. The restaurant features homemade Italian food at a reasonable price. Anderson submitted petitions with approximately 100 names indicating there is a need for this license in the community. Anderson said the operation has been very successful in the past couple of weeks and there is a need for this type of operation in the community. There has been a beer and wine license on the premises since 1974. Primavera will be o~ren fromEdel closed12 tOthe3fOrpubliclUnChhearing.and 6 to 11 for dinner six day a week. There were no opponents. Councilman Van Ness moved to approve the application based on the evidence presented at this public hearing relating to the application by Harley Baldwin for a three-way license, City Council finds the needs of the cOmmunity have not been met, and the application is hereby granted; seconded by Councilman Parry. All in favor, motion carried. REPORT FROM ROARING FORK VALLEY FOUNDATION FOR THE ARTS Dick Moore told Council this group had formed to carry on work started by the Community Facilities Board. The Foundation agreed to obtain funding and hire a consulting firm to Wheeler Opera evalute the Wheeler study; to determine if a separate, larger performing arts facility House~- was necessary; to employ consultants to insure that the renovation is satisfactory. Also Report frc~ if they found a separate facility was needed, they would select design consultants for the Roaring Fork plans. Moore told Council that the Foundation is made up of members representing as many Valley Foundation arts and community groups as possible~ The Foundation interviewed many firms to study the for the arts performing arts needs, and chose Arts Development Associates, Inc., to coordinate the performing arts facilities. Arts Development Associates interviewed people and sent out questionnaires to develop further information. This was presented in study sessions to the public in Aspen. Richie Cohen told Council the primary recommendation is that the Wheeler Opera House be restored as soon as possible and that a 6;000 square foot basement be constructed on the two adjacent lots to be connected with the Wheeler by an elevator. Cohen told Council tha~ the needs were divided into interests for a medium-sized theatre for certain groups and a large size performance hall for other interests. The report describes the options that came out of the workshops and a summary of the need for the Wheeler ~lus. ~egu±ar Meeting Aspen Clty Councll August 27, 1979 Cohen told Council that the estimated costs for remodelling the Wheeler to meet the needs and to have the 6,000 square foot basement are $3,500,000. Cohen reported the development of the Wheeler PlUs is the most urgent and basic component of any long range plan for the development of performing arts facilities in Aspen. Dealing s with the need for a larger spaces should proceed with responsible caution. Dick Moore told Council the Foundati6n would like to meet in study session the end of September when the final report will be published in its entirety and will be completely documented. Ms. Butterbaugh told Council the City has had a consultant looking at the structure and his report should be coming about the same time. The two reports should be coordinated into one study session. Councilman Van Ness said he would be interested in the operating budget and what costs the city will subsidize. Councilman Collins asked for advance notice so that Council could read over the reports. REQUEST FOR SPACE AT THE WHEELER - Pilgrim Theatre Wheeler Opera William Schorr told Council they would like office space at the Wheeler until next summer House request if space can be found. H. J. Stalf said he would like Council's permission to assign this for space space when it becomes available. Stalf told Council if the Job Service Center moves to Pilgrim Theatre the first floor, Pilgrim Theatre could have the third floor offices. Council said there was no problem assigning the space. SABBATINI REZONING REQUEST Karen Smith, planning director, told Council this is a request from a private applicant¥.~:~ Richard Sabbatini, for Council to initiate a code amend to add single family, duplex and Rez6ning request multi-family uses as permitted uses within the L-1 district. They are not currently Sabbatini allowed and any of these is non-conforming; this is consistent with the intent of the district which is to prevent conversion of existing lodges. This is a tourist oriented district. Sabbatini has an existing multi-family structure he would like to upgrade, and he cannot do it because it is non-conforming. Sabbatini took this to P & Z to initiate the rezoning request; the P & Z turned this down stating the area has traditionally serried the tourist uses and this would divert pressure for tourist uses to other zone districts. Ms. Smith told Council if they choose to initiate this rezoning, the ordinance will be sent back to P & Z for their recommendation. Ms. Smith said there are some problems; this might open the way for c~ndominiumization of existing lodges. If multi-family uses are made conforming uses, an applicant could apply for condOminiumization of those conforming uses. This has the potential for reducing the lodge inventory by taking land out of potential lodge development. Ms. Smith told Council that Sabbatini does not want to build a lodge. Ms. Smith presented a map showing very limited build out potential in the L-1 district; in fact, Sabbatini's land has the only development potential on it. Sabbatini would like to convert to duplexes, the same number of units he has now. Ms. Smith said that any conversion from a lodge use to a permanent or residential use would require review under the growth management plan, and this some disincentive. Sabbatini's request would allow him to improve an existing non-conforming use. Ms. Smith told Council that no long ago the Council adopted a code amendment for the L-2 district allowing single family and duplexes. One of the things Council might do to get around the potential of lodge conversion is to limit the code amendment to allow only single family and duplex and eliminate multi-family uses. Sabbatini pointed out the square footage requirements may make it economically not feasible to develop. Councilman Isaac said this is getting off on one application and the Council should be talking about a code amendment. Councilman Behrendt pointed out this property is sort of an exception in the zone. Councilman Van Ness said all condominiums or apartments are non. conforming, and the real problem is that there are units that are becoming run down and cannot be improved. Councilman Van Ness stated he was in favor of allowing uses-~other thai lodging in that zone. Ms. Smith told Council she had discussed developing a residential preservation clause to suspend the restrictions on non-conforming uses for residential use~ This would not allow any new non-conforming units in the district. Councilman Van Ness moved to amend the zoning code to add multi-family residence, single family and duplex to the permitted use section of the L-1 zone.and to send it to P & Z; seconded by Councilwoman Michael. Councilman Isaac asked if this could be limited to prevent condominiumization of lodges. Ms. Smith said she did not know how this could be done. Mayor Edel said the P & Z will research this and make a recommendation to Council. All in favor, with the exception of Councilmembers Collins and Isaac. Motion carried. STREET DEPARTMENT REPORT Puppy Smith told Council the street department plows the streets, washes the streets, does maintenance on the streets, and the maintenance on the equipment. Councilman Behrendt Street Departmer pointed out that when money is put in the street department budget for fixing the streets, report all other departments use that money and sometimes the streets do not get fixed. Mayor Edel said a lot of people are concerned and want the snow removed from their streets immediately. Mayor Edel asked if there were a set snow removal plan. Smith told Council a route for cutting the snow off the streets and they try and get around he had definite the lodges first. Smith said they have problems with cars parked on the streets; it has really helped that the City has acquired~.~a tow truck. Mayor Edel asked Stalf to get with Smith to develop a snow removal plan. Regular Meeting Aspen City Council August 27, 1979 ZONING ENFORCEMENT OFFICER Ms. Smith reported to Council that P & Z feels it is necessary to have a zoning enforcemen officer. Stalf said this may be an item to discuss at budget time, but he wanted Council Zoning enforce- to know what this would entail. Joe Thomas, building department, told Council he needed ment officer to know what they were trying to accomplish, are they trying to avoid violations like extra rooms, bandit units. Thomas said an enforcement officer could go through every house, lodge and apartment within in the city and check for minimum housing, zoning violations, code violations. If Council only wants to check up on minor violations, there is no need for a zoning enforcement officer. If Council wants to clean up the entire city they will need at least one man and one secretary and some legal assistance. Stalf said he did not know exactly what Council's motivation is; there have been a lot of zoning, land use and housing ordinances passed that are not being enforced. Stalf said there may be a way to legitimize any existing bandit units; eliminating them all may cause a large problem. Mayor Edel said he would like the six month minimum lease restrictions enforced. Stalf pointed out they are only enfoced on a complaint basis. Stock told Counc~ all applications that come to Council for subdivision or exemption are approved with Conditions; the city does not have the staff to see these conditions are being met. Councilman Behrendt felt the City should tackle both the six month and bandit unit problem: and this has to be done in a sensitive manner. Councilman Behrendt said he City does need an enforcement office. Stalf said this enforcement office has to have the support of the Council and the attorney and have a consistent policy throughout the city. Councilman Isaac asked that the figure for this operation be brought back at budget time. Stalf said he wanted Council to know this is not a cheap thing to get into. Clayton Meyring, building inspector, said this enforcement office is an arm of the building department and should be in that department. ORDINANCE #52, SERIES OF 1979 - New Fees for the Uniform Building Code Mayor Edel opened the public hearing. City Attorney Stock outlined the changes in fees 0 d. 52, 1979 for all permits, and that this ordinance gives the building inspector the right to refUnd UBC Fees fees in certain cases, which has not existed in the past. Mayor Edel closed the public hearing. Councilman Behrendt 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 REVIEW AND BUILDING PERMIT FEES CONTAINED IN THE UNIFQRM BUILDING CODE was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~52, Series of 1979, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Collins, aye; Isaac, aye; Parry, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~56, SERIES OF 1979 - Industrial Revenue Bonds for Aventura Ord. 56, 1979 IRB'S Mayor Edel opened the public hearing. Councilman Van Ness said he was shocked at the rent Aventura that came out in the Aspen Times, and rents will be going up all over town. Ms. Butterbau h tolc Council the committee met with various people and ended up with contract with Aventur Aventura was invited to bid at 95 per cent financing at a certain site. The biggest part of the money is going to finance charges of the repayment of the industrial revenue bonds. Had the city attempted to come in with 80 or 85 per cent financing, the finance costs woul be lowered. In order to meet minimal operating costs and repayment of the bonds, that is the price the rents have to be. Councilman Van Ness said if the value of the land were added to the rents, the rent would be $700 per month for a studio. Jim Reents, housing officer, noted the cost of land is so high, Aspen is not getting any housing. Councilman Behrendt said the costs might look high now, but with the arrangements made the costs are fixed. The only increases will be in the operations. As inflation moves on, these will become reasonable units. Reents pointed out that Aventura is proposing to subsidize the project to 57 cents in the beginning years with a 2 per cent escalation over 10 years in Which to recoup that subsidy. Reents told Council that finanCial institutes do not want to touch restricted projects. Ms. Butterbaugh told Council there are four underwriters who plan to make proposals to Council next week. Councilman Isaac asked the difference between the $.57 and $,62 per square foot. Reents said when Aventura plugged all their figures in, they came up with $.62; when all the square footage that is built and rentable and Aventura's costs of construction. Aventura is saying they can back that up for $.57 if they can recoup. Mayor Edel asked for comment on why the County housing unit is coming in much cheaper, and why the City has a cost of $200,00 over and beyond the land. Ms. Butterbaugh told Council the city is having heavy site construction needs. The County's project may get low cost mortgage bonds and their interest rate will be less than the City's proposed interest rate. Mayor Edel asked if th e previous Council had understood all the dollar commitments. Reents explained that previously no one staff person had been working on this project and had not investigated what could be done in-house or what the costs would be. Councilman Behrendt stated the Council had chosen to do this project as a political decision, and the~ will have to learn the lessons of an employee housing project as it goes along. Ms. Butterbaugh said she understood the $200,000 utility connection might not have to be made until 1980 and it could be considered as a budget item. Councilman Collins asked if the project was going to go ahead this fall. Reents said that is a decision Council will have to make. It will probably take 4 to 8 weeks to develop the site before the foundations could be done. Ms. Butterbaugh told Council there is a meeting scheduled between Aventura, staff and the underwriters and she would like to bring the report to Council. Stock pointed out to Council they should consider taking the risk of waiting until spring with a 10 per cent increase, but the project gets done in one building season. Ms. Butterbaugh said the builder is willing to come in with a topset figure but is not will to come in on a firm figure on the site. Mayor Edel asked if it were premature to go with this ordinance for bonding. Ms. Butterbaugh said this document only allows the city to process for the bonds and if the city doesn not have this document the money spent on the project cannot be recouped on the bonds. Mayor Edel closed the public hearing. Councilman Behrendt moved to read Ordinance #56, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #56 (Series of 1979) AN ORDINANCE AGREEING Ta ISSUE INDUSTRIAL DEUELOPMENT BONDS TO FINANCE A PROJECT FOR ARDC, LTD. ~1, AND JOINT VENTURES was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #56, Series of 1979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Collins, aye; Parry, aye; Behrendt, aye; Isaac, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. CITY MANAGER 1. Towing. City Manager Stalf told Council the city had entered into a towing operation this past winter with the entire staff involved in developing the program. Ann Holmbeck, Towing operatior traffic control officer, told Council that the towing program benefits everybody in the City. There were problems with the private service. The city should be able to operate with enough revenues and should be meeting their costs. Ms. Holmbeck told Council the salary figure of $49,000 reflected 3-1/2 drivers including all outside costs. Councilman Behrendt questioned the amount of claims for damage from towing. Ms. Holmbeck said she had been through the insurance figures and $2421 will be paid out since January 1st. Stal told Council when the city uses a private tow company, an officer has to be on site to write the ticket. Under the new setup, the tow truck drivers are tco's and can write tickets. Stalf told Council the only cost is the cost of capital equipment; the operation is a break even situation. Ms. Butterbaugh told Council the truck would cost $9300. This analysis was done to see if the city wanted to go into the towing business and if it would break even. Council needs to look at the costs of not going ahead with the tow truck. Chief of Police McClung told Council the truck drivers are tco's and can write tickets other than just for tows. Also the city's street maintenance program depends on how effective the tow system is. There i only one tow service, and they will probably no~ renew the city's tow contract. Ms. Holmb~ told Council they could not run the service without two tow trucks. Councilman Parry moved to approve the program; seconded by Councilwoman Michael. Councilman Behrendt asked where the funds would come from. McClung pointed out the<~city's impound lot will generate revenues the city has not seen before. Ms. Butterbaugh told Council the general fund sales tax has increased, and the unappropriated balance will be appropriated, and this is an available source. The question is how it is allocated betwee~ the needs. Ms. Butterbaugh said she had had this budget phased out~ by month; both the revenues and expenditures will be monitored. The staff may come back and tell Council the program is not working. Councilman Parry moved to develop a separate towing department with McClung in charge and have the money set out in a separate account; seconded by Councilman Behrendt. All in favor, motion carried. 2. Transportation. Stalf told Council there are areas which have come up short in the Transportation transportation department. One is fuel cost, which have almost doubled and is $47,000. department - Running a bus system is an expensive operation. Parts are also up; these costs were costs anticipated for next year but the engine work needed to be done now. Councilman Behrendt said this report is out of conformance because the ridership and cost per rider need to be compared and demonstrated that these costs make sense. Stalf told Council there has been a 18-20 per cent increase in costs and 100 per cent increase in ridership. There were 3 routes a year ago and now there are 4; the additional cost is $80,000. Stalf told Council the Ski Corp bus contract is for a minimum level and anything above the, pay $150 per day to run the bus. There is $100,000 in Ski Corp revenues to offset the overage, leaving $109,000 in overage. Stalf reminded Council the transportation depart- ment had gone from 6 buses to 34 buses in one year. Councilman Van Ness pointed out if you break out the $100,000 recovered from the Ski Corp and the $50,000 for fuel and $25,00 for engines, that only leaves about $30,000. Councilwoman Michael suggested that every single route will be judged at budget time and cost effective. Ms. Butterbaugh told Council there is $265,000 in the seventh penny that is unappropriated. Councilman Van Nest noted this overage is 3 per cent on a $1,000,000 budget. Councilwoman Michael moved to direct the finance director to move monies around from unappropriated seventh penny revenues; seconded by Councilman Parry. All in favor, motion carried. Transportation 3. School Buses. Stalf told Council the school, is abandoning their bus routes around deparhL~ent - Aspen and asked if the City could run them efficiently. The school is telling their school kids on students to take the city buses. Stalf told Council he has talked with the Ski Corp and city buses he thinks they can run the extra buses during the peak times at minimal costs. Curt Stewart told Council people on the staff already will be driving, and it will run about $50 for fuel and drivers, not counting maintenance. The city will not be running a servic specifically for school children as they are prohibited from law from doing that. There will be an extra bus from Difficult, and extran on Snowbunny and perhaps an additional one on Silverking. 4. Water Representative on 208. Tom Dunlop told Council the state of Colorado is under- going a stream river reclassification The Water Quality Control Commission picked this Water ! ' ~ region firs~ because they thought it would be easy. It is turning out to be an extremely complicated water battle. Dunlop said this is becoming the city versus the front range cities. Dunlop is requesting that Council approve Musick representing the city at these meetings. Dunlop told Council he is working to make sure the stream classifications are compatible with the sanitation districts and their expansions. Stock told Council that Musick had said he would be able to represent the city in this matter for the remainder oJ the year under current budget. Stock told Council that if the stream is classified higher than is currently proposed, it would prevent transmountain diversions from these streams. If the streams are classified lower or if the eastern range diversions are exempted from the classifications, they can continue with transmountain diversions. Councilman Behrendt moved to approve Musick representing the city; seconded by Councilman Parry. All in favor, motion carried. 5. Budget Work Sessions. Stalf told Council he would give them a list of times and dates for the various departments to go over their budget. 6. Art Display. Stalf told Council he had a request for an art display in Rubey Park with a tent. Stalf gave them tentative approval as long as they met codes, etc. This is in connection with the Design Conference for next year. 7. Colorado Area Ski Towns. Mayor Edel told Council CAST h~d met in Telluride; it is an association of Mayors, Council, city managers. Mayor Edel said he was highly excited CAST abOut this association. The next meeting is in Crested Butte on September 21; Mayor Edel recommended everyone to attend. ORDINANCE %50, SERIES OF 1979 - Conflicts of Interest City Attorney Stock told Council he was trying to eliminate any misconceptions by drafting this ordinance so that people would know when they had a conflict of interest. The basic group are when one contract with the city; when one appears before a board or commission; Ord. 50, 1979 or when one appears before Municipal Court. Stock pointed out that this does not preclude Conflicts of anyone from urging an argument concerning issues or policies of a general nature. This /_nterest ordinance does not take away anyone's right to free speech. The penalty provision is ver serious; a violation is grounds for removal from public office. Stock said he is going to add a new section, the definition of personal service contract. Councilman Behrendt moved to read Ordinance #50, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #50 (Series of 1979) AN ORDINANCE DEFINING CONFLICT OF INTEREST AND REQUIRING THE DECLARATION AND REMOVAL OF A PUBLIC OFFICIAL FROM ANY LEGISLATIVE, ADMINISTRATIVE, OR DISCRETIONARY ACT WHEN SUCH A CONFLICT EXISTS was read by the city clerk Councilman Van Ness said he is in favor of amending the ordinance to allow a councilmember to appear on his own behalf. Councilman Van Ness said he did not think that is necessaril a conflict of interest. Gideon Kaufman pointed out this would be forcing a councilmember to hire someone to speak in his behalf. Kaufman said if this takes away the ability for a councilmember to defend himself, this is taking away too large a right. Mayor Edel said the weight of being a councilmember gives an unfair advantage. Councilman Behrendt moved to adopt Ordinance %50, Series of 1979; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Isaac, nay; Michael, aye Van Ness, nay Collins, aye; Mayor Edel, aye. Motion carried. PLUM TREE INN Pl~nTreeInn Council scheduled a work session to go over the audit reports for Wednesday, August 29 audits at 11:30, followed by an executive session at 12 noon. ORDINANCE #46, SERIES OF 1979 City Attorney Stock told Council he would like them to move to reconsider this ordinance. The legal description was incorrect and Stock would like it done over. Ord. 46, 1979 Rezoning of CoUncilman Van Ness moved to reconsider Ordinance %46, Series of 1979; seconded by Council Plum Tree P/T woman Michael. All in favor, motion carried. ~ Councilman Van Ness moved to table Ordinance ~46, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. Regular Meetinq AsPe~ City council August 27, 1979 ASPEN INSTITUTE/COUNCIL'S APPROACH ~.~ Councilwoman Michael reminded Council they had discussed communicating with the Institute when their Board of Directors was meeting on a one to one basis and effect a search for Aspen Institute common ground. Councilwoman Michael said she would like to communicate with the Institute without compromising the law suit. Councilwoman Michael said she would not like the Institute to leave without knowing the the Council did as much as they could to open communications. Council must deal with the merits of the issue and not the personalities. Councilwoman Michael moved to instruct the Mayor and one other councilmember to contact th~ Aspen Institute's president or chairman of the board to request a meeting between the Council and Board of Directors this week to communicate and search for common ground; also to find a neutral person to moderate the meeting; seconded by Councilman Behrendt. Councilman Van Ness said the city cannot give the Institute everything they want and still justify the exemption under the growth management plan. The application has boiled down to a legal question. Councilman Van Ness said there has to be some restriction on tourist use. Councilman Van Ness said he felt Resolution 17 was a big step in the right direction. Councilwoman Michael said the Council and the Institute could sit down and discuss the fact the city was up against some laws. Mayor Edel said he felt the Council should meet with the Institute, but said he did not feel a moderator was appropriate. Councilman Van Ness asked Stock the dangers of statements being made vis a vis the lawsuit~ Stock said the Institute has put the matter into legal framework; Council's comments as a party to the lawsuit are admissable. Stock told Council there are certain canons of ethics, such as making comments on the merits or lack of on any point the Institute alledge to make certain there is a fair decision. Councilman Van Ness stated to sit down with the Institute may hurt in terms of the lawsuit. Councilman Van Ness suggested the Council spell out to the Institute and its Board exactly what they would approve. Councilman Collins asked that since the Institute initiated the litigation, would this meeting be compromising the city's position. Stock said not just by having a meeting. Councilman Van Ness said he would vote for this meeting if the city presents its position through one voice. This should be agreed on i~ advance. Councilwoman Michael accepted this as an amendment to the motion. Councilman Van Ness pointed out that settlement negotiations can be made by stipulation inadmissable in evidence. Stock stated that generally settlement negotiations are attorney to attorney. The Institute, by bringing lawsuit, have taken the Council Out of control of the situation. Councilman Van Ness asked Stock to see if he could get the stipulation from the Institute. Councilman Isaac said the only way to make the meeting productive is to have it structured. Councilwoman Michael moved to request the city attorney to contact the attorney for the Aspen Institute to discuss the possibility of a meeting where all information will be stipulated inadmissable in court, after such approval the Mayor and one councilmember will contact the Institute %o have such a meeting this week; seconded by Councilman Van Ness. All in favor, motion carried. RESOLUTION ~17, SERIES OF 1979 - Aspen Institute Councilman Behrendt moved to read Resolution #17, Series of 1979, by title; seconded by Councilman Isaac. All in favor, motion carried. Reso. 17, 1979 Aspen Institute RESOLUTION ~17 (Series of 1979) A RESOLUTION SETTING FOR THE FACTS WHICH RESULTED IN CITY COUNCIL DENIAL OF THE ASPEN INSTITUTE'S APPLICATION FOR REZONING was read by the city clerk Council went through the resolution and amended various sections by deleting some adjective Mayor Edel asked that the 70 per cent occupancy and 10 per cent tourism figures for the endowment be added. Stock said he would Put this in. Councilman Van Ness pointed out the city proposed a 25 per cent limit on tourist use on any given day. Councilman Van Ness sai. the Institute wanted 10 per cent tourist use for the entire year. Stock pointed out the five compromises the city made are on public record and will be certified to the court. Council went through paragraph 20, which includes the 17 points that were a condition of conceptual approval. Councilman Behrendt moved to adopt Resolution #17, Series of 1979, as amended; seconded by Councilman Collins. Roll call vote Councilman Behrendt, aye; Collins, aye; Isaac, aye; Van Ness, aye; Parry, nay; Michael, aye; MayOr Edel, aye. Councilman Van Ness said that the Institute deserves some kind of zoning, and he is in favor of the Council giving the Institute some zoning the city can live with. Councilman Behrendt moved to adjourn at 9:40 p.m.; seconded by Councilman Collins. All in favor, motion carried.