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HomeMy WebLinkAboutminutes.council.19790910 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:20 p.m. with Commissioners Edwards, Kinsley, Child and Councilmembers Collins, Isaac, Michael, Parry, Behrendt. 1. Stream Segment Recommended Classifications. Tom Dunlop told the Boards he had been working with the sanitation districts for a harmonious agreement to present to the water Water - stream quality control board on stream segment classifications for the Roaring Fork Valley. classifications John Musick handed out letters for the City and County to sign which are recommended stream classifications. Musick pointed out these letters are supporting a stream classifi~ cation of High Quality-2 in the area for the Roaring Fork River, but to permit the existin( waste water permit so as not to cause Aspen Metro to violate and permit conditions immediately. Musick said the entire Roaring Forkk Valley streams have been classified on two elements; the stream gaging station up at the Salvation Ditch and down at Glenwood. There are 11 segments, and Musick stated he believed all are appropriately classified with the exception a segment of the Roaring Fork below the Metro plant ~and Brush Creek below the Snowmass plant. Musick said these letters were the results of a lot of discussion between the city, county and sanitation districts. Musick is not recommending that the Roaring Fork below the Metro plant be classified as High Quality-1 as that standard cannot be met by the Metro plant now. Also HQ-1 cannot be chang.ed. Musick recommends High. Quality-2, which is higher than the quality recommended by the State Water Quality Control Board. Musick said he has difficulty supporting anything lower than HQ-2. Mayor Edel asked if the City and County advocate a particular position, could they then go to the Federal government and ask for funding. Musick said there are two separate processes, the stream classification is separate from the grant award or the facility plant study. The facility ptant study is based upon a plant necessary to meet the stream classification. Musick pointed out these stream classification recommendations are con- sistent with the 208 plan of NWCCOG. They made the judgement that an H-2 standard would be sufficient to protect the existing water quality and to adequatly protect the basin against furture transmountain diversion, and to provide for the treatment of the basin- wide disposal. Musick said he is not making a recommendation for primary contact recreation water. Dunlop told the Boards if the City and County went for the highest quality possible, theyli would be at instant odds with the sanitation districts. This would jeopardize the positi¢ins with the Water Quality Control Boards. Commissioner Edwards moved to sign the letter as drafted; seconded by Mayor Edel. All in favor, motion carried. Councilwoman Michael said she would like the city and county to compromise with the sanitation districts so that there is not a split decision. Musick said these letters would go to the sanitation district boards for their approval. 2. A-95 Reviews: (a) State WIN Plan for FY 1980. Patsy Malone told the Board this is mainly aimed at welfare recipients to make sure those receiving welfare have signed up. It is a check so that if a job is available, people will get the jobs before they get welfare. Councilman Isaac moved to forward with favorable comment; seconded by Commissioner Child. All in favor, motion carried. (b) Library Services and Construction Act Title I. Ms. Malone said this funding is aimec at certain services in the library catering to blind and handicapped people. Councilman Isaac moved to forward with favorable comment; seconded by Mayor Edel. All in favor, motion carried. (c) Officer of Consumer Services. Ms. Malone said this is a residential consumer assis- tance program so that when PUC comes in for rate increases, this money will be used to protect the consumer. Commissioner Kinsley moved to forward with favorable comment; seconded by Councilman Isaac. Ail in favor, motion carried. 3. ~udy Session for Aspen Police inclusion in new law enforcement building. Council an( Law enforcement Commissioners set this joint session for Friday, September 14 at 1:00 p.m. in the Counci~ building Chambers. Councilman Isaac asked what happened to the recycling of aluminum can program. Kinsley told Council the County started this program with the assumption is would be subsidized at first and then eventually become self-supporting. The subsidy went up and up and it got to the point where it was too costly. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of July 23, August 1, 2, 3, 7, and 13, 1979~ seconded by Councilwoman Michael. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Parry moved to approve the accounts payable for August; secdnded by Councilwom~n Michael. All in favor, motion carried. CITIZEN PARTICIPATION 1. Wink Jaffee told Council he has watched the continuing battle between the Council and the Aspen Institute for at least four years. Jaffee said he felt the Institute is the Aspen Institute-' most important intellectural institute in town and the most important thing in town after the Ski Corp. Jaffee said Aspen would lose the Institute now, and as a citizen he is going to exercise his right to have all council, with the exception of George Parry, recalled unless an accommodation is made within two months. Jaffee pointed oUt a recall would mean the councilmembers would have to devote a lot of time to being re-elected. Jaffee said he wanted to see an accommodation, no matter how it is done. COUNCILMEMBER COMMENTS 1. Councilman Van Ness pointed out Council has been pressured in a lot of different ways and it will not work on this particular issue. Councilman Van Ness said he is convinced the Institute is wrong. 2. Councilman Isaac noted the City has an ordinance on the books against handbills being Handbills passed out, put on cars and telephone poles. Councilman Isaac he would like the city to start telling businesses not to do this. Stock said he would review the ordinance and the get in touch with the police department for enforcement. 3. Councilman Collins acknowledged James Moore's letter on the hazards of crossing Main street. Some drivers do press the pedestrians too much. Councilman Van Ness asked to Main street have this on the next agenda. City Manager Stalf said there is a request for better traffic control; this will be addressed during budget. 4. Councilwoman Michael told Council the sub-committee dealing with the city manager applications has narrowed it down, and whether Council wanted to go over the applications City Manager or to have the sub-committee do it. Councilman Isaac encouraged the entire Council to go over these. Mayor Edel said it is not fair to Stalf, people apply for the job or the applications Council, to hold off; either a work session should be held or Council should allow the sub committee to go over the applications and get them to a reasonable number. Council decide. to let the sub-committe get the applications to 10.' 5. Rachel Jill told Council that Grassroots is having a public meeting Wednesday, Septem- ber 12 at 7:30 p.m. to decide the future of Grassroots. This is a very important meeting; Ms. Jill urged any Council who could attend to do so. 6. Mayor Edel told Council he had received from the Aspen Institute a press release and Aspen Institute a telegram and entered these into the record. 7. Mayor Edel told Council they have been invited to the Western Cities Internation Conference meeting in California on September 22nd. 8. Mayor Edel told Council there was a memorandum from COG regarding the meeting to be held in Aspen September 27 at 7 p.m. regarding a Colorado statewide rail transportation program. LIQUOR LICENSE TRANSFER - Hickory House This matter was put off until September 24, 1979. APPLICATION FOR A THREE-WAY LIQUOR LICENSE - Arthur's Chinese Restaurant Liquor License Mayor Edel opened the public hearing and requested Council table this until the next auplication meeting. Arthur's Councilman Collins moved to table the application to September 24, 1979; seconded by Councilman Isaac. All in favor, motion carried. EL PASO COUNTY D.A. REQUEST FOR PAYMENT Mayor Edel pointed out that former Chief of Police Marty Hershey initiated this; there are letters from the former city manager saying he did not authorize this, nor did Chief of Police Rob McClung. The bill is around $400. City Attorney Stock said the Council does Request for have the power to authorize payment of the bill; however, the Charter does try to prevent Payment department heads from having a slush fund to use anyway they wish. Councilman Van Ness agreed there was no authority to make this contract; the people in E1 Paso did not know that Hershey did not have the authority to make the contract. If the city sets somebody up as their agent and create a situation where a third party is lead to believe the agent had the authority to make the contract, then the city is liable. Councilman Van Ness said it seemed to him the department heads are liable for payment. Councilman Van Ness opined the E1 Paso D.A.'s office is innocent in this matter. Stock pointed out the E1 Paso D.A.'s office does in fact have a budget under governmental processes and should know the process. Chief of Police Rob McClung stated as a matter of principle this bill should be paid. Finance Director Butterbaugh pointed out this is a case where the former chief of police knew the city did not do undercover work, and the former city manager told him that. Ms. Butterbaugh said that department heads are not responsible for the bills; the Council is. It is critical to start keeping track of unauthorized purchases as the finance director, city manager and Council are ultimately responsible. Councilman Behrendt said at the time the Council had a publicly-stated policy they would not do undercover work. Councilwoman Michael said she felt the city is honor-bound to pay the bill. The question is does the city have the grounds to turn to Hershey and collect the money. Mayor Edel requested a memorandum be sent to department heads regarding unauthorized purchase orders Councilman Van Ness moved to pay the bill; seconded by Councilwoman Michael. All in favo2 with the exception of Councilman Isaac. Motion carried. ~egu£ar Meeting A~?~n c~ty COuncil September 10, 1979 Ms. Butterbaugh said this would come out of the police department budget unless Council had a specific fund. At the moment the City is very tight on money, and Ms. Butterbaugh said she was uneasy about asking for more money. There are no current year funds. Ms. Butterbaugh said there are appropriation requests that will be coming to Council at the next meeting. ~Stock told Council that in order to go after the department head for payment of a bill, Council will have to draft an ordinance making this a violation of the law and giving Council the right to do so. Mayor Edel asked Stock to research this and Stalf to direct a strong memorandum to department heads regarding unauthorized purchase orders. APPOINTMENT OF MUNICIPAL JUDGE and RETIREMENT COMMITTEE Municipal Judge Councilman Behrendt moved to re-appoint Tam Scott as MuniciPal Judge for a term until June 1981; seconded by Councilwoman Michael° All in favor, with the exception of Council- man Isaac. Motion carried. Retirement Councilman Isaac moved to re-appoint Francis Whitaker and Ed Irwim to the retirement fund Coaraittee committee; seconded by Councilman Collins. All in favor, motion carried. WHEELER OPERA HOUSE - Roof and Gutter Dan McArthur, engineering department, told Council the city has a $500 donation to get Wheeler Opera heat tape to melt the ice on the roof of the Wheeler on the east and west sides of the House -~roof & building. McArthur went and checked the roof and the existing heat tape is dead; it has gutter shorted out. McArthur told Council it will cost $3650 to replace the heat tape. The southwest and northwest corners of the building have a build up of ice in the wintertime and there has been physical damage to cars. McArthur told Council the new heat tape is much better quality and the life expectancy is 30 years at least. Councilman Isaac asked if this would have to be torn up during restoration. McArthur told Council this heat tape can be rolled up and put back down again. McArthur wants to weatherproof the junction boxes. Ms. Butterbaugh said this is a good proposal; however, the Council has to look at what they can afford. Jim Holland, parks director, has said it is not too much trouble to knock down the ice build up. Ms. Butterbaugh reminded Council they had a real estate transfer tax which would pay for this next year; there is no money in the sixth penny at all. Ms. Butterbaugh asked Council not to go into the prior year surplus at all. The city's bond ratings require some reserves. Ms. Butterbaugh restated there are no current year revenues available. Councilman Parry suggested asking the contractor if he would take the $500 this year and the balance next year ~ Councilman Behrendt moved to fix the roof and have the city manager arrange it so that this expenditure impacts the budget $500 this year and the remaining amount next year; seconded by Councilman Van Ness. All in favor, motion carried. WILDERNESS WORKSHOP -Activity Report Connie Harvey thanked the Council for letting the Wilderness Workshop use the office spac~ in the Wheeler and the help with the Xeroxing. Ms. Harvey showed Council a map of the wilderness areas and told them that wilderness is only 1 per cent of the Country's land. There is a lot of are in and around Pitkin County that is worth preserving. Ms. Harvey pointed out the areas that are not decided yet. Joy Caudill told Council the Wilderness Workshop started in 1963 with the desire to expand the Snowmass-Maroon Bells area. The WW has worked with the Forest Service on land use planning and management project; they are doing the Hunter-Frying Pan Wilderness proposal; they opposed the diversion of water from Hunter Creek; have opposed the Marble ski area; worked on the Eagle-Aspen planning unit; worked on plans to replant the timber cuts in Colby park~ and opposed the timber cuts on Mt. Sopris; have worked on RARE I and RARE II. Ms. Caudill told Council that public land is 87 per cent of Pitkin County. The WW works with other wilderness group. Ms. Harvey told Council that wi~'derness designation is the only legal protection one can depend on for land. The WW is working on two proposals, for Sopris Creek and the Snow]nas.. Maroon Bells area. A proposal to make an area wilderness takes a lot of work and effort. The WW will come back to Council for support when they have specific proposals. Peter Dobrovnik, Sierra Club, told Council they appreciate the office space they share with WW. The Sierra Club is focusing on areas that will be affected by the synthetic fuel develop- ment that is occuring down valley and molybdenum mining which may come to Pitkin County. HOLY CROSS EASEMENT Dan McArthur, engineering department, told Council that HOly Cross is asking for an underground easement for future power lines. This easement will parallel the east side o: Easement- Hol, the road by t.he new 1 million gallon storage tank on Aspen Mountain. McArthur has talked Cross to the water department, engineering department, and Ski Corp; there are no problems. McArthur asked Council to sign the power line easement agreement. Councilman Behrendt moved to approve the easement; seconded by Councilman Collins. All in favor, motion carried. SUBDIVISION EXEMPTION - Sierra Vista Richard Grice, planning office, told Council this is a request to condominiumize a presen~ Subdivision single family dwelling on which they plan to add a second unit. This site on Sierra Vist~ exemption drive allows duplexes by right. At P & Z level, it was presented that the existing unit I Sierra Vista is occupied by a family for $1,000 per month for 3,000 square feet. The P & Z, after much discussion, felt the unit did not fit into low, moderate and middle income housing. The engineering department will require a curb, gutter and sidewalk improvement and one parking space per bedroom. The P & Z recommended approval subject to the six month Regular Meeting Aspen ~lty ~ouncll ;Dr~.p~_,~.lLL,~3,~::~]~' £U , ~ I ~ minimum lease restriction, the notice and occupancy requirements, one parking space per bedroom and an agreement to joing an improvement district. Councilman Isaac moved to,approve subdivision exemption as outlined by Richard Grice; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTION - Miller Grice told Council this subdivision exemption would result in the creation of a new home Subdivision site, which by Ordinance ~3, is exempt from the growth management plan provided the land Exemption subdivided has an existing dwelling and only two parcels are created. This is five lots Miller and they want to separate out three lots With an existing house. The engineering departme: t has requested any approval include a con~itment for construction Of a sidewalk. Councilman Behrendt moved to approve with the sidewalk construction; seconded by Council- woman Michael. All in favor, motion carried. TRANSPORTATION DEPARTMENT REPORT Curt Stewart, transportation director, told Council his department has a staff of 3 admin- istrative people, 7 supervisor/drivers, 5 full time mechanics, 15 drivers off-season and 55 drivers in the high season. There are 28 buses currently, and will be 34 in 1980. The Transportation budget of $1,200,000 is roughly half paid for by the Ski Corp. Stewart told Council his department responsibilities are to administer the city and county bus systems and to do transport~ planning i~ many aspects. Stewart told Council the ridership report represents and amaz~in success story, from 1976 to 1978 there was a 205 per cent increase, and over 1978 there hag been an 63 per cent increase. The cost per rider has decreased four fold since 1976 and is $.58 per rider. As far as the status of the department operationally, it is in good shape and has an above~ average preventive maintenance program. Stewar~ pointed out a problem with the department is the salaries for the driving personne2 They expected a high turn over and a lot of seasonal people. The system has matured and people Want to stay on and they are getting increased pressure from drivers for salary increases. Stewart told Council he has been working on a transportation development plan for the past year, which is a five year document for eligibility for UMTA grant funding. Stewart told Council that now is the time to increase marketing effort for the bus system. The ridership needs to be kept on the increase. Stewart suggested a desk clerk trining educational program on how to use the buses. Stewart also suggested a joint venture with other ski towns to have a person at Stapleton airport with bus information; also a person to contact ski clubs and other groups with transportation information. Stewart told Council that the city bus system has picked up a lot of the school' district routes close to town. They have problems with some of the routes with too many children on the buses, and people do not stop when they see a city bus. Stewart told Council he was considering going to the school district and asking them to resume service in some of the very east areas and Mountain Valley. Mayor Edel said the transportation department was not going to run out of the normal routes for school children; it would be city bus routes only. Stewart said he felt it would be appropriate to stop the Difficult run, he would like to talk to the school district. TROLLEY REPORT Michael Hernstadt presented a trolley study and introduced Ben Minnick who prepared it. Trolley report Hernstadt said he is looking for an indication of interest from Council; there may be an indication not to go further because of aesthetic impacts. Hernstadt told Council he has taken over the financial burden of the company and has to make a decision as to what to do with the trolley in a certain period of time. Hernstadt presented a plan on routes, how it would be built, what the costs would be so that the city could see if they wanted to purchase the plan and the cars. Hernstadt said if the Council voted no interest, he would proceed to try to sell the cars. Hernstadt's company has purchased 6 cars and has an option on 4 more cars. Hernstadt said he has no interest in running the system; it would be a municipally run system. Ben Minnick ~01d Council the study is fairly comprehensive, and he is excited about what would be a unique system. Street cars are coming back in. When a transportation system is put in, one has to be able to justify the peripherial benefits to the community, such as getting automobiles off the streets. Minnick suggested the system could be run as a tourist operation and perhaps make money on it. This system would be serving the tourists not people who need to get somewhere. Minnick pointed out that Aspen had spent a lot of money to get the wires off the streets, and people may object to putting more up. These wires would be a single strand on the top of the street. Minnick said these systems have been working for a long time. Another question is whether the city will lose some parking spaces, and they probably will but not many. Minnick said the city has a unique opportuni~ with this system. Minnick told Council the cars can operate on a 10 per cent grade and there will be little snow problems. The electricity for a year may come out to $4,000. Minnick told Council the real problems weather is sleet. Councilman Behrendt asked if these cars are very heavy. Minnick said they weigh 12 tons. Stewart pointed out that the operational success of this would depend upon the periphereal parking lot, which means the city would have to expand the Rio Grande and these costs would have to be considered along with the trolle' operation. Councilman Parry said in order to make the Rio Grande parking lot effective, the city will need a connecting link to the transportation system. The city has talked about expanding Rio Grande and this could link up with the shopping center and post offic~ Minnick told Council if this system is used for transportation, the city cannot charge for ride; however, if it is used for a tourist attraction, the city could charge. Council will have to decide what they want to use the system for; the design of the system is flexible. Minnick told Council the largest cost of running this system is the same with any system, the labor cost. Hernstadt told Council for the six cars that are in town are $100,000 and options for the next four plus freight are $40,000 which is about $150,000 for all 10 cars. Minnick told Council the report was predicated on running 6 cars but his advise is to get the other 4. Councilman Parry pointed out the operating cost of the buses is $2 per gallon which is 10 times what it costs to operate a trolley. Ms. Smith, planning director, said she felt this proposal needs more staff evaluation in order for the staff to give Council a fair picture of this and how it fits into the planning~picture. Councilman Collins agreed the staff should be directed to look into this further. If it is an economically viable transportation system, perhaps the city should pursue it furthel Councilman Collins said he is opposed to this being another tourist attraction. Hernstad~ told Council he could wait two weeks for an indication of interest, but will be back in 28 days for entering into the final contract. Councilwoman Michael said she would like to like further about the transportation part of it and to hearing a report from staff. Councilwoman Michael moved to have staff evaluate this proposal and come back in two weeks; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #53, SERIES OF 1979 Zoning Water Plant Property Mayor Edel opened the public hearing. There Were no comments. Mayor Edel closed the Ord. 53, 1979 public hearing. Zoning Water Plant Councilman Isaac moved to read Ordinance #53, Series of 1979; seconded by Councilman Behrendt. 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 ORDINANCES NOS. 43, 49, AND 51, SERIES OF 1979, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Ms. Smith pointed out that the land will be zoned SPA but not development will take place until Council has adopted a precise plan for the property. The SPA zone opens up the option for bringing in a plan for employee housing on the site. Councilman Behrendt moved to adopt Ordinance #53, Series of 1979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Michael, aye~ Collins, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE 954, SERIES OF 1979 - Approving Water Plant SPA This ordinance was tabled as the staff is looking at alternate plans. Ord. 54, 1979 Water Plant SPA ORDINANCE #46, SERIES OF 1979 City Attorney Stock presented the corrected ordinance and told Council that the map he had presented at the public hearing was correct. Stock told Council this was not a public Ord. 46, 1979 hearing. Rezoning Pi~ Tree to P/T Councilwoman Michael moved to suspend the rules and open the public hearing; seconded by Councilman Parry. All in favor, motion carried. Francis Whitaker told Council he had been on the Council when they passed the 6th penny so that the city could save the golf course from major development. Whitaker said he was also on Council when they passed the 7th penny primarily to buy the Rio Grande for transportation and parking purposes. Whitaker pointed out the previous Council tried to rezone lots along the golf course and the matter was defeated by the voters. Whitaker noted is seemed the voters were saying to leave the golf course alone. Whitaker said the city has not fully utilized the Rio Grande for parking purposes. The impound lot at the Plum Tree will add more traffic to highway 82. Whitaker said if this is passed, he has a 5 member committee to circulate a petition to put this matter to a referendum. Stalf said that the city is not rezoning the entire golf course but only the parking lot. Stalf said he agreed it should be on the Rio Grande, however, this would be a trade off to take the greenway away. The Sanitation district will not let the city use their lot for a impound lot. Stalf told Council the staff is proposing to take tows to the Rio Grande and if they are not claimed the next day, they will be taken to the second area. This is so that the city's insurance will be in effect and so that the city can collect storage fees. Stalf said he hoped the city could find a permanent solution at the Rio Grande. Mayor Edel said the Council is not happy about the impound lot going out there; however, it is a temporary solution. Stalf told Council they could review this in 90 days to six months. Stalf said he would get with the engineering department to see what is available, at the Rio Grande; it would be cheaper for the city to tow cars down there. The P & Z did turn down the impound lot at the Rio Grande. Councilwoman Michael moved to get a report from the city manager on the alternatives to the Plum Tree lot in 3 months; seconded by Councilman Isaac. All in favor, motion carried, Stalf said he would work with Whitaker on this. City.~Attorney Stock suggested an amendment to the ordinance that would automatically remove the transportation overly six months from the date of the adoption unless there is further action by Council. Councilwoman Michael moved to amend the ordinance to include a section with an expiration date of this ordinance as April, 15, 1980; seconded by Councilman Behrendt. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Isaac moved to adopt Ordinance ~46, Series of 1979, as amended; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Behrendt, aye; Parry, aye; Michael, aye; Isaac, aye; Mayor Edel, aye. Motion carried. RESOLUTION ~18, SERIES OF 1979 - Including Land in Pitkin County Housing Authority City Attorney Stock showed Council a map of the land, which is east on Queen street and is Owned by the county. The county would like to build emplOyee housing which would be subject to the city's codes. In order to do that they have to go through the housing Reso. 18, 1979 authority but cannot act within limits of an incorporated town. Council must give them the authority to construct housing on that piece of property. Ms. Smith told Council the Including land in PitkinCounty County cannot do a duplex and will look at the costs of a single family house for key Housing Auth~rity staff. Councilwoman Michael moved to read Resolution #18, Series of 1979; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION 0P THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE INCLUSION OF CERTAIN CITY LANDS WITHIN THE PITKIN COUNTY HOUSING AUTHORITY Resolution No. 18 1979 WHEREAS, the Pitkin County Housing Authority desires to undertake the construction of low or moderate income rental housing on certain l&nds~owned by the Board of County Commissioners, consisting of part of the Sunset Lode Mining Claim, and lying within the City limits, and WHEREAS, the County Housing Authority Law, CRS 1973, Section 29-4-501, et. seq., provides that the boundaries of a County housing authority may not include any lands within the City unless the govern- ing body of said city passes a resolution authorizing the inclusion of the land within the boundaries of the authority, and WHEREAS, the City Coundil wishes to facilitate the authority's proposal and do so by permitting the inclusion of the land within the boundaries of the housing authority, NOW, THEREFORE, BE IT RESOLVED by the City Council that, pursuant to CRS 1973, Section 29-4-508, it does hereby authorize the inclusion of the following described land within the boundaries of the Pitkin County Housing Authority. A parcel of land located in the Sunset Lode Mining Claim, U. S. M. S. No. 8310, Pitkin County, Colorado, more particu- larly described as follows: Commencing at Corner No. 11 of the East Aspen Addition located in Section 7, Township 10 South, Range 84 West of the 6th P.M.; thence S. 54~52' 17" E. 58.10 feet along line No. 10-11 of the Aspen Townsite Addition Survey to Corner No. 10; thence S. 34°45' W. 46.63 feet to the true point beginning, said true point of beginning being located on the West side line of the Silver King Mining Claim, U. S. M. S. No. 4746~ thence N. 63°58' W. 185.12 feet~ thence S. 15°30' W. 88.60 feet; thence S. 53°54' E. 155.54 feet; thence N. 34°45' E. 88.30 feet to the true point of beginning, said property also known as part of Lot 3, all of Lots 4-8 and part of Lot 9~ Block 14, Hughes Addition and also known as part of Lot 1, all of Lot 2 and part of Lot 3, Block 4, East Aspen. Adopted September 10, 1979 Mayor Edel said he felt the Council has to address the housing issue with input from the housing officer, how much this will cost, what the city can do, some concrete thoughts, needs and dollar figures. Stalf said housing will be a huge expenditure. The city will have to find a funding source if they want to be serious about this. Councilman Isaac moved to adopt Resolution #18, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. CITY MANAGER City Manager Stalf subm~itted to Council a list of the street improvements thatlwere done in the last couple of weeks. 1. Timed parking. Stalf said the city has removed the timed parking restrictions on September 15 for the off-season. Councilman Parry said the previous Council had decided Parking - timer not to remove it in the fall off-season. Councilman Parry said he is not in favor of restrictions removing the restrictions. Removing timed parking does harm to the town. Councilman Isaac agreed. Mayor Edel reminded Council of the uproar last spring over this issue. Mayor Edel said that people seem to feel they deserve this. Mayor Edel said the timed parking should be taken off October lst; the citizens come to expect this and it is a good thing. Councilwoman Michael agreed and said this is an escape valve. Councilman Isaac moved to continue parking limits as they are now; seconded by Councilman Behrendt. Councilmembers Isaac, Collins, Parry~ and Behrendt in favor; Councilwoman Michael and Mayor Edel opposed. Motion carried. 2. Half Hour Parking. A memorandum from the traffic control officers was submitted to Council. Councilman Behrendt said he like the half hour parking program. Mayor Edel said the staff was to i~vestigate supplementary parking at Rubey park. Councilwoman Parking Michael said %he staff was to reassess the plans and to come back to Council with a park- half four ing alternative. Councilwoman Michael said she would like a report. 3. Job Service Center. Stalf told Council that after a meeting in Denver, it looks likel the Job Service Center will be funded by the State if the city provides space in the Job Service Wheeler and utilities, not counting telephone. Stalf said there would be a decision in Center 3 weeks. The state wants a two year lease with 30 day cancellation; Stalf said he would prefer an 18 month lease. Council okayed lease negotiations by Stalf. Stalf told Council that the Hunger Project had wanted to park the vehicles they plan to auction off in the mall. Stalf told Council he did not let anything in the mall because it could become tacky. Council agreed. 4. Pro Shop. Stalf said he thought Council funded $10,000 on top of the moving coststo get the pro shop into the ground. The minutes reflect only $3500 for moving. Mayor Edel Golf course ~ said it was his understanding the city would do nothing this year and budget for it next pro shop year. Councilman Parry pointed out with the Plum Tree up in the air, there is a possibili y the City could use the Plum Tree as a pro shop. Councilman Isaac said the foundation should be put in in the Spring. 5. Water Plant Housing. Jim Reents, housing officer, reminded Council the staff's direc- ~Water plant tive was to do a major rethinking on this project as to whether it should be an entirely ~, housing city-owned and funded project. There would be some specific price reductions and a better rate with general obligation bonds. A g.o. bond issue is much less expensive than anIRB. Reents suggested scheduling a special meeting to bring in the underwriters, the developer, architects, and staff to respond to Council's questions that have not been addressed by the full Council. The project to date has been based on decisions that were made last year, and this Council may want to change their stance. Councilman may want to open the entire procedure up again. Ms. Butterbaugh told Council she felt it was critical to look at the cost savings. .Mayor Edel said he wanted the staff to determine where and how the City proceed with this building. Reents said costs incurred for that are $12,500 Councilman Behrendt moved to approve the $12,500 with the stipulation it is a prepayment of future expenses of the IRB; however, if not, the appropriation will be made immediately seconded by Councilman Isaac. All in favor, motion carried. Council set a study session on water plant housing for Monday, September 17 at 5:00 p.m. Ii ORDINANCE #57, SERIES OF 1979 - H, Historic Designation of Block 25, Lots A and B il Ord. 57, 1979 Stock told Council this is a request from the property owner to designate as historic il H designation two houses on Main street that were constructed in 1892 and 1894. The HPC has recommendedil Main street this. block 25 Councilman Isaac moved to read Ordinance #57, Series of 1979; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #57 (Series of 1979) AN ORDINANCE DESIGNATING AS HISTORIC STRUCTURES AND SITES BLOCK 25, LOTS A AND B, OF THE ORIGINAL TOWNSITE OF ASPEN was read by the city clerk Councilman Behrendt moved to adopt Ordinance #57, Series of 1979; seconded by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Michael, aye; Isaac, aye; Behrendt, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #58, SERIES OF 1979 - Zoning Smuggler Enclaves Ord. 58, 1979 City Attorney Stock told Council P & Z had just completed their recommendation. The Zoning - rezoning must be completed on recently annexed land within 90 days. The P & Z did have ~ S~uggler enclav~ difficulty zoning Smuggler Trailer Park. The P & Z will continue working to develop an amendment to the zoning code to allow mobile home parks as a permitted use. Stock showed Council on a map the different zone districts within the Smuggler enclaves of O, office, R/MF and R-15A. Councilman Parry moved to read Ordinance #58, Series of 1979; seconded by Councilwoman Michael. Regular Meeting Aspen City Council September 10, 1979 Councilman Isaac suggested putting a time limit on the SPA for the Smuggler Trailer Park so that the process does not drag on. Ms. Smith said that 3 months would not be unreason- able. Council agreed to that. ~ Councilman Parry moved to read Ordinance ~58, Series of 1979, as amended; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~58 (Series of 1979) AN ORDINANCE ZONING THE SMUGGLER ENCLAVE ANNEXATION WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 35, SERIES OF 1979, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the City clerk Councilman Behrendt moved to adopt Ordinance ~58, Series of 1979; on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrend~, aye; Michael, aye; Collins, aye; Isaac, aye; Parry, aye; Mayor Edel, aye. Motion carried. APPOINTMENT OF CO-COUNSEL FOR THE ASPEN INSTITUTE SUIT Stock told Council he had talked with various firms within and out of the community to Aspen Institute get a statement as to price and interest. Stock said he had the support of Councilmember! Co-counsel Van Ness and Behrendt to recommend the appointment of Alan Merson as co-counsel. Stock said he felt he was highly competent and qualified. Stock told Council he felt to get to trial it would take $10,000 in 1979 nad $15,000 in 1980, and if the city did go to appeal it would cost an extra $10,000. Councilman Isaac moved to accept the recommendation of the city attorney to hire co-couns~ 1; seconded by Councilman Behrendt. All in favor, with the exception of Councilman Parry. Motion carried. PLUM TREE INN City Attorney Stock said based on the Plum Tree's response to the city's notice, it woul( Pl~mTree Inn be appropriate for Council to give further direction. Council set a special meeting for le~e Tuesday at 6:30 p.m. Councilman Collins moved to continue the meeting to Tuesday, September 11 at 6:30 p.m.; seconded by Councilman Isaac. ~11 in favor, motion carried. Council left Chambers at Kathryn ~. Koch, City Clerk Special Meeting Aspen City Council September 11, 1979 Mayor Edel called the meeting to order at 7:25 with Councilmembers Michael, Van Ness, Parry, Collins, Behrendt, and Isaac present, after an executive session. Councilwoman Michael moved to direct the city attorney to issue ~a 10 day notice of cure and based on responses of the city's previous notice, to begin prosecution of legal Plum Tree Inn action for possession of the premises; seconded by Councilman Van Ness. All in favor, legal action for with the exception of Councilmembers Behrendt and Isaac. Motion carried, possession Councilman Van Ness moved to adjourn at 7:30 p.m.; seconded by Councilman Isaac. All in favor, motion carried. ~Ko~h~ierk Kathryn~S. ~ c , C' y C