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HomeMy WebLinkAboutminutes.council.19790924Regular Meeting Aspen City Council September 24, 1979 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:10 p.m. with Commissioners Child and Kinsle Councilmembers Behrendt, Isaac, Collins, Parry, and Michael present. 1. Trails Master Plan. Brian Stafford presented maps and a text that are being pro- posed by staff as amendments to the 1966 land use plan. The trails master plan is a formulation of what is already happening, and this is an update of the 1973 planning Trails Master effort. Volume 1 of the ~ext focuses on goals and objectives, the overall planning Plan efforts and a five-years implementation program for the trails system. Volume 2 covers the more specific and technical things, such as construction standards. Stafford out- lined the goals of this master plan. Stafford showed the Boards the existing trails and the proposed trails; there are about 4 miles of unpaved trails and 8 miles of paved trails. The proposal is to connect the trails links around the city, and to get trails up the stream valleys going out of town Another level of the plan will be to connect the trails within the commercial area that are heavily used. Councilman Behrendt asked about the possibility of a trail up Castle Creek to the music school. Stafford said they are not planning a bicycle trail because it is very expensive. Commissioner Kinsley pointed out the trail would cost $111,000 without paving. Stafford pointed out that all the trails that were simple to build are built. Everything left is very difficult, expensive and will affect property owners. Councilman Parry said he wants a bike path or trail from Snowbunny down to the Slaughte~ House bridge to the Rio Grande trail. George Ochs said they had looked at this many times and it is a difficult place for a trail. Councilman Behrendt reiterated he would like a trail to the music school as quickly as possible. Councilman Isaac said he would like to see the Rio Grande continued to the Airport Business Center. Regular Meeting aspen Stafford asked the Boards if they wanted to allow mopeds on the trails. The consensus was no. Joy Caudill told the Boards she is terribly opposed to mopeds on the trails. Ms~ Caudill said she had seen no mention of analyzing the environmental impacts before trails are started; this absolutely should be done because some trails could be damaging to the environment. Ms. Caudill objected to the trail through the Zoline property as there is a lot of wildlife there and it might be ruined. 2. Job Service Center, Jere Rood presented CETA and volunteer workers from the Job Service Center and reminded Council they had run this service for four months. Kevin thanked the Boards for their support for the last four months. Kevin said he felt that personal contacts, rather than the State, was a better way to run the Job Service Center. Job service The feedback from employers and employees is that they would prefer to have this stay center the way it is; it is personalized and effective. They have filled 1%~236 jobs in 13 weeks. Gary, another CETA worked, stressed the positive response from the business community. Gary said they were also trying to be somewhat of a housing service. Gary said this Job Service Center can operate more cheaply than if the State runs it. Bishop, a volunteer worker, read a letter of support from the Aspen Meadows stating they would be willing to contribute $5 per month and a per head basis to keep the Job Center running. They also had a positive response for monetary commitment from 8 businesses. Jere Rood told the Boards there is a contract in the works with the State. Rood offered to continue on a volunteer basis as it has been run, until they can secure the necessary support. Rood said they would get monetary support from the businesses in the community to keep them running. Ochs said he felt the benefits lost to the community would be the loss of State funding, the loss of accountability, and it is possible that the CETA support would not continue. Ochs said he felt it might be wise to take advantage of the State funding. Ochs pointed out that the cost analysis of $16,000 versus the $50,000 the State would run the function for is a misrepresentation of costs. Commissioner Kinsley~ said his personal bias is to attempt an independent office in Aspen. If the City and CoUnty do this, will they lose the option to go with the State at a later date. Harold Stalf recommended going with a State-funded office; the difference in funding is almost zero. Stalf said if. the City provide the office space, the State will fund a director, CETA worker and half-time secretary and pay the telephone bill. Councilman Isaac moved to accept the state's offer and thank Jere and his volunteers and ask that they continue. Motion DIES for lack of second Mayor Edel said this motion may be premature unless the City and Council have seen the contract and the terms that are offered, and to dismiss these people before there is an alternative to fall back on. Commissioner Kinsley moved to take the less conventional and more risky option and pursuel an independent office, pursue it vigorouslY, and go for a partnership with the business community; that the only contribution on the part of the city is the space in the Wheeleri and that the County make a proportionate contribution in-kind or in dollars; and in a year's time assess whether this has been an appropriate function, and if it has not worke~ to pursue the state-funded office; seconded by Commissioner Child. Collins, Behrendt, Kinsley and Child in favor; Edel, Isaac, Parry and Michael opposed. Motion NOT carried. COUNCIL MEETING Councilman Parry moved to approve the minutes of August 27, 29, September 10, 11, 1979; seconded by Councilman Van Ness. All in favor, motion carried. CITIZEN PARTICIPATION 1. Lou Wille, representing the Pitkin County Parks Association, told Council they would Main street - like to contribute trees to be planted down Main street. Next summer they would like to contribution of supply the City of Aspen with an avenue of cottonwood trees; the trees would not cost the trees from City anything. The City will have to supply one person to water the trees. Stalf said PCPA the Parks Association wanted to make sure if the city gets the trees, that they will be taken care of, and this would cost about $6,000 per year including repair of a truck. Wille said he was suggesting they ween care of the trees to the responsibility of people who'live there to eventually water them. Councilman Behrendt moved to accept the donation of the PCPA for trees; seconded by Councilman Parry. All in favor, motion carried. Councilman Isaac thanked the PCPA for their donation. Councilman Behrendt asked that this project be done in coordination with parks director, Jim Holland. 2. Dan Roman, resident of Smuggler Trailer Park, noted to Council their rents have been Smuggler Trail~ increased another $100 per month to $350. The space rents in Smuggler have gone from Park $95 to $350 in less than one year. Mayor Edel said the city attorney is supposed to be meeting with the attorneys for the trailer park. Brooke Peterson, representing the residents of the trailer park, said he felt the rent increases show a lack of good faith. Peterson said the only alternative discussed at present is rent control legislation. At this time, there is no effective mechanism to stop the owner from raising rents. City Attorney Stock said the meeting he had with the trailer park owner, the owner pro- posed a purchase price of $2,800,000 with the back 3 acres being developed with building permits exempt from the growth management plan. Stock said he tried to get the price down from $2,800,000; however, they stated they will not negotiate. Stock said the city alternative is to acquire the property and to develop it as a trailer park and to transfe~ people to other trailer parks. Council scheduled a meeting regarding the Smuggler Trailer park issue for Wednesday, September 26, 1979 at 11 a.m. ~ul~i lvi~lzig Aspen u~ty uounc~l September 24, 1979 3. Jeffrey Sachs brought up Resolution ~19, which would expand the real estate transfer ~al Estate tax, and pointed out the existing tax passed narrowly at the last election with a large Transfer Tax collective effort behind it. Sachs said to tack a political problem on to what is the e~pansion only tax of its kind to support cultural activities is not solving a political problem. Sachs suggested the Council get the community support behind employee housing and to vote financing for it. 4. Ted Benninghof told Council he had had problem at his house due to new construction which is draining water into the alley. Benninghof said since the City allowed a varianc for this construction and it created the problem, the City bears some responsibility. Benninghof said they had been trying to get a solution for a year. Stalf said he and the city engineer would get together with Benninghof and look at this. 5. Julie Grant requested application for a special event permit for the Aspen Historical Society Benefit to take place the weekend of October 13-14 at the North Mill Plaza. The Special Event proceeds will go to the Historical Society; there will be an antique car display and an Permit - antique sale and a wine tasting. Historical Society Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Behrendt moved to approve the special event permit for October 14; seconded by Councilwoman Michael. All in favor, motion carried. 6. Carl Nutzhorn told Council he had done a lot of research into taxes and Aspen has one of the lowest property mill levy taxes in the state. Nutzhorn said he felt the mill levy should be raised to support employee housing projects. COUNCILMEMBER COMMENTS 1. Councilman Isaac said he was sorry to see a letter in the paper about Hillyard park Hillyard Park not being watered. Mayor Edel explained that the sprinkler heads were broken and there was no one who could adequately fix it. Next summer the park should be u~ to par. 2. Councilman Van Ness said he had received a lot of complaints about enforcement of Parking parking in the downtown area. C~N~DCil said they would discuss this at the police budget Thursday night. 3. Councilman van~Ness said h9 felt the Council has the responsibility to review the growth management plan more ~an every 5 years. Councilman Van Ness said some modifica- Growth tions should be made. Coun~{lman Van Ness said he would like this discussed after the management budget hearings are over..~s. Smith said this is one of the things the goals' task force plan is to look at. 4. Councilman Behrend~told Council that Brooke Peterson had asked to be appointed deput Municipal Judge Municipal Judge for a ~ay to perform a marriage ceremony. Brooke Peterson Councilman Behrendt...~oved that Brooke Peterson be appointed deputy Municipal Judge for the day of September 2~', 1979, for the purpose of a marriage ceremony; seconded bY Councilman Isaac. All in faVOr, motion carried. 5. Councilman Behrendt requested an agenda item for October 9 on the joint agenda, the costs to the City, if the asphalt mix plant and gravel and sand plants do not go through, to bring these in from down valley. 6. Coundilwoman Michael reminded Council she had asked the staff for a conference to deal Employee housing with employee housing encompassing all elements of the town. conference 7. councilman MiChael asked if the staff had an answer for Fritz Benedict's proposal for the Rio Grande property. Karen Smith, planning director, said there are private people interested in trying to organize interest on the part of the business sector and pursue Rio Grande a development application, and the planning office is working with them. Finance Director property Butterbaugh told Council she had asked the city attorney if it was appropriate to put employee housing on property purchased with open space funds. Stock said the Council wi~ either have to get voter approval or repay the sixth penny funds. LIQUOR LICENSE RENEWALS Dunlop told Council he had no problems except with Aspen Bar & Grill, which he would Liquor License recommend conditional approval to see if they comply by the next day. renewal Aspen Bar&Grill Councilman Behrendt moved to conditionally approve the renewal of Aspen Bar & Grill; Golden Barrel seconded by Councilman Van Ness. All in favor, motion carried. Abetone Councilman Behrendt moved to approve the renewals for Golden Barrel and Abetone; seconded by Councilman Parry. All in favor, motion carried. AGREEMENT WITH JUNE CANTRUP (Re: Arthur's) Councilwoman Michael left the room due to a conflict of interest. Mayor Edel said he Liquor License felt Arthur's is his favorite restaurant and he would love to have wine with dinner, application for However this would be a scam to avoid the law. Mayor Edel said if the City did things to Arthur's avoid the law, what about the rest of the citizens. Councilman Isaac said he agreed and asked what the precedents for this would be. Charles Fagan, representing Arthur's, told Council when the 500 foot law was originally written there were two exceptions written into it. Since then, some people went to the legislature and said if the city owned the land, they would have sufficient control to Liquor License look at the 500 foot law. The city could look at special circumstances and decide if they Arthur's could have a bar within 500 feet of a school. Fagan said the legislature made the deter- mination if the premises wer~ located or to be located on land owned by a municipality, it would be an exception to the 500 foot rule. Fagan said they are not scamming the law, but are following the law to the letter. Fagan said if the Department of Revenue thinks this is a scam, he will have to deal with them. City Attorney Stock said he knew of three liquor licenses granted within 500 feet of a school where the city has owned property. Stock said he had reviewed the agreement and net ground lease and has recommended some amendments. Stock told Council when he wrote Ordinance 4, 1978, it made no doubt that it was illegal to brown bag at Arthur's and this arrangement got initiated on the City's side. Stock said he got the word to try to get Arthur's to use this provision of the law in order to obtain a liquor license and that sort of income to the city, and to clarify and solve the legal "brown bag" problems. Stock said he had talked to the representatives of the owner in an attempt to have Arthur's consider this approach. Stock told Council that Arthur's had to go to HPC to get approval for the reconstruction and modifications. All this has taken more than a year to get back to Council. Fagan told Council he had discussed Arthur's~ith Chuck Dotson, liquor enforcement officer,!i and Dotson had brought this change in the ~aw up. Dotson's feeling was that Arthur's and the "brown bagging" was a problem. A~t~r this discussion, Fagan went to Arthur's owner and told them to stop letting people.~ring liquor into the establishment. Fagan said this solution was suggested by Stock and Dotson. Fagan outlined the changes in net ground leases, which provides they will pay any payments thel City might have to pay. There will be a net income of $1; they will exempt the improvements on the deed and the lessees will be paying the taxes on the improvements. Fagan said the lease will be rewritten to say they will pay as rent what would have been paid as taxes, which is approximately $1500. They will change the insurance to meet the statute on municipal liability. Fagan sa~d theM! are willing that the improvements they put on the property in the next two years will become property of the city; this is a 99 year lease. Improvements done after the 2 year clause, the city can buy at fair market value. Councilman Van Ness said he felt there is some softening of the 500 foot law; however, the law has been on the books 50 years, it is the law and clearly the law. Arthur's owners knew this was the law when they bought the property. Councilman Van Ness said he would lik~ to hear from Dotson that he is going along with this deal. Councilman Van Ness wondered if the city should get involved in bailing out people as a matter of policy. Councilman Behrendt asked if this license did turn out to be a problem, could the city back out of this deal. Stock said the Council has the right to revoke licenses or fail to renew. If Council does this, the property will automatically revert. Stock said the city could add a section to state the city has no liability. Welton Anderson pointed out that Arthur's has gained a national reputation; people are willing to wait over an hour to eat there. People in town are behind this application. Arthur's wants something that is an accessory use to a good restaurant. Anderson said this "scam" is a way of being able to take advantage of ~he law. Anderson stated that Arthur's has been very good for the city; it is time for the city to do something positive. Lois Butterbaugh pointed out the city can own property for a public purpose; it is not appropriate for the city to acquire property for other than a public purpose. It has been indicated that the public purpose is that the historic structure will be protected. However, it is in an historic district and is protected. Ms. Butterbaugh said the lease can be assigned or mortgaged, and asked if it would become a debt of the city. Stock said the public purpose is that the city will be obtaining historic structures. Ownership is~ a greater interest in saving historic structures. Historic district only determines the i' exterior of a structure. Stock said this would not be a debt of the city; the contract excludes it being a debt by contract. Councilman Van Ness said Council did not have the power to decide that a state law does not apply to Aspen. Councilman Van Ness said he had a hard time stretching public purpose to fit this. Councilman Issac moved to table this until the Council gets the expert on state liquor law,i! Chuck Dotson; seconded by Councilman Van Ness. Councilman Parry said he felt this is a fine restaurant and should be allowed to have a liquor license so it can be like other restaurants in this town. Too often~the Council turns down a good project. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Hickory House Liquor License Councilman Isaac moved to approve the liquor license transfer for the Hickory House to transfer Bill Stone; seconded by Councilman Parry. All in favor, motion carried. Hickory House jl LIQUOR LICENSE TRANSFER - Holiday House i! l~.~transfer Councilman Isaac asked what the new owners were proposing to do. Ashley Anderson said the~ planned to do basically the same operation that is there now. Holiday House Councilman Behrendt moved to approve the liquor license transfer for the Holiday House to June Cantrup; seconded by Councilman Isaac. All in favor, motion carried. Regular LIQUOR LICENSE TRANSFER - Red Onion Councilman Behrendt asked what the new owners intend to do with the Red Onion.. Ashley Anderson said they plan to run it as it is and look for someone to lease it. Liquor License ~ transfer Councilman Behrendt moved to approve the transfer if it is run basically as it has been; R~d Onion seconded by Councilman Isaac. All in favor, motion carried. ASPEN INFORMATION PROGRAM Tom Blake and John Francis of Travel Horizons told Council they are based at the Airport Business Center and their business is construction of travel information centers on interstate highways. The ability to communicate with travellers in the area is great valu promotionally. There are six of these centers operating on state property. Their p~oposa is to build centers so that people can find out what is going, when it is going on, how to take the bus, as well as private enterprises. The vehicle is to communicate publie and private information. Francis pointed out the community has developed some people manage- ment systems, such as the buses, and there is a need to communicate the availabilities to the travellers. Francis told Council these centers would have about 50 per cent city and county information; the other space would be for the private sector to advertise goods and services. Mayor Edel asked where these would be located. Francis said this had not been determined however, an.] appropriate place would be Rubey park, perhaps the airport. These centers are successful in repetition, a mall location would be important. Mayor Edel asked if there would be a commission paid to the governmental body. Francis explained their other contracts with the state have 40 per cent of the space given to the state for their infor- mation and 5 per cent of the revenues. Francis suggested giving 50 per cent of the space o the city in lieu of a commission. Francis said they had diScussed this with the Chamber and they were very receptive to the idea. Mayor Edel said he felt there should be some return, and these should not be in the mall. Councilman Isaac said he would like to see one at Rubey Park first, maybe later in the mall. Harold Stalf told Council he felt these could be very beneficial if they were plac~ at Denver airport, Grand Junction airport and Aspen airport. Francis said they have found these centers to be valid in duplication; the mall is where people are and it would be very beneficial. Francis asked for a mall location, and if the Council is not pleased, they will remove them. Francis said their objective is to have advertisers purchase on an annual basis, perhaps $250 per year. Councilman Behrendt suggested experimenting on a tl~l basis. Councilwoman Michael moved to directed H.J. Stalf to negotiate a payment to the city for this; to finalize the locations, and to finalize the contract which includes a trial period of 30 days; seconded by Councilman Behrendt. Councilman Behrendt pointed out this would have to go through HPC. All in favor, motion carried. TROLLEY EVALUATION AND INDICATION OF INTEREST Trolley Evaluation Karen Smith, planning director, reviewed the proposal and told Council this is totally Indication of consistent with the transportation planning efforts. The Voorheis plan described a Interest Galena street shuttle. The proposal is a north/south link the city does not have. If the Little Annie project were approved, this would be an assistance in linking that area with public transportation. Ms. Smith outlined some considerations; this will use up parking spaces, the question of noise, the overhead wires, the character of the trolleys may not fit in with the Aspen scene, the system will depend on parking at the Rio Grande, the trackage at the Rio Grand~ would be in competition with other plans for the space, the lack of interest on the part of the Ski Corp, the needs for a maintenance barn and facility compounds the existing search for a bus facility, a need for a better response from the state highway department regarding tracks across Main street. These considerations must all be addressed. 'Curt Stewart, transportation planner, pointed out the equipment being used is almost 100 years old. Before this system is acquired, the City should know the availability of the equipment, and shipping costs. The costs of signalization at Main street should be included in the report. There are no costs provided in the report for design and engin~ eering of the system. Stewart said costs should be checked out for structural repairs to cars in other systems. Stewart pointed out that to provide maximum parking capacity at Rio Grande for this system, the City would have to treble the capacity. Stewart said he felt there would be little impetus to pay $1 to ride the trolley a few blocks, and the 1200 per week ridership may be an optimistic figure. Stewart said he felt there is a need to tone the figures down to something more realistic. Councilman Parry said he was more interested is using this as a supplemental transporta- tion system than a tourist attraction. The city is trying to cut down on the number of cars in town and to utilize the Rio Grande for parking. There will be a large shopping center and post office at the Rio Grande. Councilman Van Ness said the idea is attractiv~ but where would the city get $600,000 to put into it. Councilman Parry said there are ways of getting the money. Councilman Parry pointed out that fuel costs are rising, the trolleys are pollution free. Councilman Isaac said he thought this was a good idea but there is no money for it. Finance Director Butterbaugh said there is $624,000 to take care of every possible expense. Ms. Butterbaugh said this would have to be funded by some source the city does not now have. Councilman Parry said there might be the possibility of private funding, which was stoppe~ earlier because Council was not interested. Stewart said he was pessimistic about this being a revenue generation unless the silverking route is terminated as this is a duplica- tion of that route. Councilman Van Ness stated the City has run out of money; it has been buy now pay later. Councilman Van Ness said when the city gets money, his priority is employee housing. Councilman Van Ness said if a private company wants to come in and run the system, he would be glad to let them use the streets. Councilman Isaac moved that the Council is interested in the idea but does not have any money to spend on trolleys; if the private sector wants to come forward with a proposal, the Council would be willing to listen; seconded by Councilman Van Ness. Mayor Edel said he would have to have more input before he could make any decision. All in favor, with the exception of Mayor Edel. Motion carried. .SUBDIVISION EXEMPTION - Tipple Lodge Richard Grice, planning department, told Council this is the first application for condo- miniumization of a lodge. This is in the lodge district and is the only zone where short Subdivision term accommodations are allowed. At the TiPple Lodge, there are 10 lodge units and 2. Ex~/~ption studios; all have been used for short term in the past. The engineering department has Tipple Lodge no problems with the design. The planning office made referrals to various groups in the community; both the Condominium Managers and the Ski Corp stated they were in favor of maintaining short term accommodations at the base of the hill. One realtor was of the opinion condominiumization would allow upgrading of the lodges. Grice said the planning office is convinced at that some price, these lodge units are bought by people that do not have to rent the units. The P & Z reviewed this extensively and recommended denial as condominiumization repre- sented a potential change in use, which would be a violation of growth management and would erode the short term market. The P & Z voted in favor of upgrading the lodges in town and formed a committee to look into this. Mary Faulkner, owner of the Tipple Lodge, requested subdivision exemption to condominium- ize a hotel; 10 hctel rooms without kitchens. Ms. Faulkner told Council a small lodge does not make much money, and there is not much money to make improvements. Ms. Faulkner said this should not affect the community in the least. The L-2 district does not forbid conversions; they are not asking for a change in the zoning or use. Ms. Faulkner said P & Z's reasons for denial are speculation. Short term rentals to tourists are the way to go in this location, there is more money to be made. J. D. Muller told Council that a condominiumization was not within the intents and purposes of subdivision; nothing would be gained by having this go through full subdivision review. The low income housin¢ is inapplicable because this has always been short term housing. The L-2 zone permits this use; the parking has been satisfied; this is not under growth management plan. Muller pointed out in the'P & Z resolution stated possibilitias of violation. When makin~ a decision, it is inpermissable to assume that the person will violate the law. Muller outlined a Wheat Ridge case saying, once an applicant applies under the ordinance only those factors which apply generally to all applicants may be considered. Muller said it is unlawful to apply a law to this case which does not exist. Muller said this applicati~ does not violate anything in the present subdivision chapter. City Attorney Stock told Council they are being asked to make a decision that division of the 12 units is not a subdivision. The ordinance defines subdivision as being condomini- umization as well as other divisions of property. The argument being made that an exemption should be granted is that the majority of the subdivision code is based with the division of land rather than structures. Stock told Council they had a legal right to deny the exemption if they wish. There is a provision which addresse~ the condominium- ization of structures but does not speak to the condominiumization of lodges. Council will have to determine if there is sufficient change by the oondominiumization of this property such that Council would want to put controls on it. Council could demand that the property be available for short term use, or that the owners could only occupy for short period of times. Council could state this is a subdivision and require that it go through the exception process. Stock told Council he believed there are legally justifi- able reasons they could deny condominiumization. Grice said both he and P & Z recommended denial from the start. Their interpretation of the growth management ordinance is that it would not specify a ¢~ntrol in specific differ- ent types of growth if conversion from one type tO another was not also a violation. Grice stated he and the P & Z felt that becuase of this GMP ordinance, this would be a change in use. Councilwoman Michael asked for a response for Muller's argument that the P & Z's seven statements that sort of predict the future as opposed to code violations as to why this should not be exempted. Stock said Muller's argument for 2 or 3 of the points in the resolution is very justified; the fact that someone may or may not break the law at some future point should not be part of the consideration for granting the exemption, Stock told Council they are being asked to make a determination that the division of the property from one piece into 12 is not a subdivision. Stock said a determination of exemption is a statement that in fact it is not a division of property, i.e. a subdivisio~ as defined in the Code. Councilman Collins said he thought the exemption was exemption from the subdivision regu- lations and not from the subdividing land. Councilman Parry said the Council is to deter- mine whether this change will be detrimental to the city. Mayor Edel asked what the intent of the P & Z was in this resolution. Muller said the P & Z had to think about the effects of this on everyone, and that is what their decision was based upon. Councilman Van Ness pointed out the Council has to find this application is not within the intents and purposes of the subdivision chapter. Mayor Edel said he had a problem with reversing the decision of P & Z after they worked on this for months, and would like to hear from the P & Z. Councilman Isaac said there is not way to control this. Councilman Isaac agreed with P & Z and stated he did not want to see any condominiumization of lodges in town. However, there is no law to do this. Councilman Isaac said he would like this controlled through a contract. Stock told Council they had the power to say no to this, put a moratorium on, and go ahead and legislate.~ Councilman Van Ness said that most of the reasons that P & Z denied this for are pure speculation. a~ul~l ~l~uizl~ Aspen Ul%y ~OU~Cli September 24, 1979 Councilman Collins said the purpose here is to preserve the integrity of the tourist zone The tourist zone has been watered down in the last few years; it has been amended to perm~ residences. Councilman Collins said if this lodge is condominiumized, the city will lose the type of activity associated with the tourist. The end result will weaken the accommo- dations the city wants to see at the bottom of the hill. Muller pointed out that putting in kitchens would be a violation of GMP, and this will keep the TipPle short term. Councilman Isaac moved to approve the subivision exemption for the Tipple with the follow- ing conditions; (1) enter into a contract stating the 10 units will be short term and be registered with a central reservations agency, (2) there will be on-site management, (3) no building permits be issued for kitchen additions, and (4) next meeting look at writing up an ordinance to control lodges; seconded by Councilman Parry. Ms. Faulkner pointed out that the lodge is too small to have on-site management. Councilman Isaac said one of the units could be for on-site management. Councilman Isaac changed condition (2) to be local management, not on-site. Councilman Isaac said not all units had to be under one manager. CoUncilmembers Parry, Isaac, and Michael in favor; Councilmembers Van Ness, Collins and Mayor Edel opposed. Motion NOT carried. Councilman Van Ness moved to approve the exemption from the definition of subdivision wit~ no restrictions; seconded by Councilwoman Michael. Councilmembers Parry, Van Ness, and Michael in favor; Councilmembers Isaac, Collins and Mayor Edel opposed. Motion NOT carrie 3. Councilman Van Ness moved to approve the exemp-tion from the definition of subdivision wit? the conditions that they register with Aspen Rese~.vations or any other duly accredited reservations bureau located in Pitkin County, Colorado; seconded by Councilman Parry. Councilmembers Van Ness, Parry, and Michael in favor; Mayor Edel, Councilmembers Isaac and Collins opposed. MotionNOT carried. Councilman Collins moved to table. Motion DIES for lack of a second. Councilman Isaac moved to approve the subdivision exemption with the conditions in the original motion; seconded by Councilman Van Ness. Councilmembers Van Ness, Isaac, Michael Parry in favor; Councilman Collins, Mayor Edel opposed. Motion carried. SUBDIVISION EXEMPTION - Beriro Richard Gmice told Council this request is to divide three lots on Hopkins street; these are improved with a brick Victorian and some shacks. The HPC has given permission to Subdivision remove the shacks. Grice said this application does not affect the GMP because single Exemption family residences are not allowed in the CC zone; commercial space is not allowed without Beriro a development allotment. This approval will not result in development without additional review. The engineering department has recommended approval subject to the condition there be an agreement that the applicant either construct an 8 foot sidewal~'~r agree to do so within 12 months. City Attorney recommends approval without condition. ~ ~fter much discussion, P & Z decided there should only be a sidewalk over the middle lot as it is already developed, and the other two might be developed separately. The,planning office feels sidewalks are a standard part of subdivision regulations and do feel it is appropri~ re. Grice recommended a sidewalk be developed on all three lots either immediately or within 12 months in the event they anticipate development. Peter Van Domelin, representing the applicant, told Council the applicant wishes to sell the lots perhaps separately or together and wants to keep his options open. Van Domelin told Council he did not feel the planning office should be given a carte blanche in settiz conditions on subdivision exemptions. Van Domelin pointed out Beriro is only requesting to be able to sell the lots; not to develop. The paving of a sidewalk has no relationshi with the request to sell the lots individually. There is no sidewalk on either side of the developed lot. Stock suggested they be asked to add a covenant to the property that if the city creates a sidewalk improvement district, they would enter into that district. Van Domelin said he felt that was ~air. Councilman Van Ness moved Co approve the subdivision exemption with the only condition that in the event a sidewalk district is formed that this property would agree they would join in a binding covenant; seconded by Councilwoman Michael. All in favor, motion carri(~- SUBDIVISION EXEMPTION - Hibberd Grice tOld Council this is a request for a subdivision exemption for a duplex at North Subdivision Sevent and North streets. The property is zoned R-6 with 9,000 square feet. The engin- Exemption eering department requests an easement for drainage and that both units have water meters Hibberd installed. City Attorney Stock reviewed this application, and P &.I~Z reviewed this and recommended approval subject to engineering's conditions and that the property be deed restricted to six month minimum leases, and that the north unit be deed restricted by covenant limiting price and occupancy for a period of five years. Councilman Behrendt suggested that a street, sidewalk and curb improvement agreement be added. Councilman Behrendt moved to approve the subdivision exemption based upon the restrictions outlined by Grice, and the applicant would agree to join any improvement districts for street, sidewalk, gutter and curb; seconded by Councilman Parry. All in favor, motion carried. Councilman Collins asked that the building department check out the duplex for an extra third unit. Councilman Collins said this unit was advertised this summer, and he would like a report from the building inspector. SUBDIVISION EXEMPTION - Horizons III Grice told Council this property is located at the intersection of Snowbunny and Cemetery Lane. Engineering department recommends approval having only one curb cut; there are Subdivision presently two. Also separate electric and water meters be required for each unit, and Ex~nption that they enter into a curb, gutter and sidewalk improvement agreement. This have never Horizons III ~gu±ar lvlee~lng Aspen ulty uouncl£ septemDer Z4, t979 been occupied, and therefore does not meet the low, moderate and middle income housing pool. The approval is recommended on six month minimum lease and the engineering comment~ Ashley Anderson, representing the applicant, told Council the building department had approved the new plans with the two-driveway configuration. Anderson said money had been spent building the project on the way the building department said it could be done. To reverse this would be extremely costly. Anderson said the Council should not impose some- thing now that has been taken care of by the building department. Anderson said one s~de of the duplex enters off Snowbunny and one side enters off Cemetery Lane. Councilman Isaac moved to approve subdivision exemption as outlined to approve to build as the permit was issued; seconded by Councilman Parry. All in favor, motion carried. U.S.G.S. COOPERATIVE AGREEMENT This is a yearly agreement for the government to continue investigating water resources in the Aspen area. Council okayed the signatures of the Mayor, City Manager and finance director. LODGE PRESERVATION CLAUSE Ms. Smith reminded Council this comes as a request from Council and P & Z and is subsequen to a Board of Adjustment action. The Smuggler~ Lodge requested permission to vary from the non-conforming use provision which prohibited any more than ordinary repair to non- Lodge preserva- conforming uses, this is limited to 10 p~cent of the replacement value of a structure. tion clause Smuggler Lodge wanted to upgrade and renovate, more than 10 per cent restriction. The Board of Adjustment granted the variance, on the recommendation that the 10 per cent claus was not intended to encourage the deterioration and phasing out of non-conforming lodges. Ms. Smith told Council that prior to the 1975 adoption of O, office zoning on Main street, the planning office had recommended that lodges be conforming u~.es; Council found no way to do that without creating a lodge district and encouraging the expansion of lodges on Main street. Ms. Smith said the thought was that the current mix of uses on Main street continue, and the scale of the uses remain what existed. Before Council is a prosposal to try to get the ability of lodges to upgrade without encouraging their expansion. The planning office has suggested a lodge preservation claus to go in the non-conforming use section; these lodges could come in and apply for condi- tional use approval to upgrade. A conditional use approval does not come to Council so Council should feel comfortable delegating this to P & Z. Council has to consider if they feel comfortable extending this to residential units that find themselves non-conforming. As the proposal is written it would apply to all lodges, not just those on Main street. This code amendment, in some sense, would be contrary to land use policy, which is to encourage lodges to locate at the base of the mountain. Councilman Parry said he did not see any provision for providing employee housing; if they are allowed an expansion, with employee housing this would help to alleviate the situation Ms. Smith suggested a review process to allow approval of the expansion on the basis of provided employee housing. Councilman Behrendt said he did not see why lodges had to have additional floor space for additional income. Councilwoman Michael moved to direct the city attorney and planner to put the general features of this memorandum into ordinance form Council asked about the provision for employee housing included in this motion. Ms. Smitl said there are other ways of dealing with this, such as the housing o~erlay, which permit~ a density bonus. Councilwoman Michael amended her motion to include some provision for employee housing an~ to sent this to P & Z; seconded by Councilman Isaac. City Attorney Stock said the non-conforming use limits the'amount of improvements and creates a downward.spiral. The City cannot allow people to put in more than 10 per cent improvements unless it is in violation of health and safety codes. This section causes the problem. Employee housing should not be considered because they are only talking abol the non-conforming use section. Stock suggested making lodges conforming or eliminate th~ 10 per cent limitation. Another approach would be to make ~odges permitted uses. The problem with this is that a new lodge could occu~ the City has never made the distinction between allowing current lodges to have new units and a proposal for a new lodge. The lodging community proposed to allow lodges as permitted but weight the GMP and give special points for redevelopment an existing lodge. Councilman Van Ness asked if this proposal would allow lodges to expand. Ms. Smith said in terms of floor area they could expand; to add numbers of units they would'have to go through the GMP. Stock said he would propose to go to the non-conforming use section and take out the t0 per cent limitation out to allow for reinvestment and upgrading of the property. This could be done through conditional use at P & Z. The use will still be non-conforming but will not have a limitation for maintenance and will go to condition use for upgrading. Councilwoman Michael amended her motion to include initiation of a code amendment for a lodge preservation clause; seconded by Councilman Isaac. All in favor, motion carried. ALTERNATES TO PLANNING AND ZONING COMMISSION P & Z Ms. Smith reminded Council this was a request from them to go to P & Z'and ask them to alternates add two people to the Board as alternates. P & Z recommended against this to Council. However, it is up to Council to establish P & Z as they want. Councilman Parry moved to go for P & Z's recommendation not to add two more members; seconded by Councilman Van Ness. All in favor, motion carried. MAIN STREET CROSSINGS H. J. Stalf suggested Council discuss this during the police presentation at budget ~in street which will be September 27th. Councilman Van Ness moved to table this item; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #50, SERIES OF 1979 Conflicts of Interest Mayor Edel opened the public hearing. Councilman Van Ness moved to continue the public hearing to October 9, 1979; seconded by Councilman Isaac. All in favor, motion carried. CITY MANAGER 1. Aspen Ski Club Footrace. Councilman Parry moved to approve the planned race; seconde by Councilman Isaac. All in favor, motion carried. 2. Pavement Evaluation. Stalf told Council this should be done in 3 weeks. The traffic counting delayed the evaluation. 3. Water Plant Housing. Stalf told Council he felt Councilwoman Michael's idea on a symposium on the housing problems is very appropriate, and it should be used to launch community support on housing. Stalf said the staff could get an agenda working to get Water Plant input and set the meeting for November. Councilwoman Michael said that people who have Housing looked oven the City codes and GMP say these impede'employee h~using. Councilwoman Micha~ said reviewing these codes is a good way to dilute the anger in the community. Council- man Isaac said he would only support this if people in the community are willing to participate. Councilman Van Ness said the responsibility is to solve this problem rather than to talk about it. Council tentatively set the meeting for November 21 and 22. 4. Water Plant Housing Report. Jim Reents told Council there had been a presentation from Aventura to go over the methods of financing for this project and the costs of the different financing mechanisms. The cheapest way in terms of rental rates is general obligation bonds; there will be a smaller debt service in the long run. The major dis- Water Plant advantage of g.o. bonds is that it requires a vote of the public. Reents told Council Housing there is a proposal from Aventura to handle the'project management through construction September 1979 to March 1981 for $110,000 plus expenses. This would be coordinating everything, engineers, contractors, architects, political approval process. Steve Jeffer~ Dain Bosworth, told Council they would feel comfortable with a no bid, no bond on a g.o. or revenue bond. This would save the contractor's cost of having to obtain a bond and would lower the construction cost. Jeffers said in an IRB, they would require a perform- ance bond because it is no longer the city behind the project. Reents told Council Wilbur/Carlson is willing, this fall, to commit to a construction price in April. Councilman Isaac said he would like to see Aventura run the project, rather than have the city manage the project. Reents suggested keeping the II{B option open, and that the city look into the g.o. bond issue as a method of financing. Reents said in a few years, the rents will be realistic because the project will not turn over at a high rate. Jeffers said the g.o. bond is the cheapest way of obtaining the funds; the disadvantage is the time delay in bringing this to a vote. The g.o. bond will impact the city's debt limit; the debt limit is set at 20 per cent of the assessed valuation. If the city uses g.o. bonds, where do they go if they want another project for housing or another bond issue. A revenue bond would Cost less than an IRB but about $50,000 more than a g.o. bond. For a revenue bond, the city would have to come in with additional revenues other than the rents, such as a real estate transfer tax, sixth or seventh pennies. The revenue bond does not require a vote and does not impact the g.o. debt limi~ . Jeffers pointed out that with a g.o. or revenue issue, the city could maintain more con- trol over then rents than an IRB. Don Diones, Kirchner/Moore, recommended the g.o. bonds as the cheapest way to go. It also put the community into the deCision making process. If the voters say no, it take Council out of the housing business. Councilwoman Michael moved that the Council directed the bond counsel to initiate an ordinance authorizing city ~evenue bonds to finance the water plant housing project; seconded by Councilman Van Ness. Finance Director Butterbaugh stated the city has been working with Aventura for six month: and nobody every talked about a g.o. or revenue bonds. Ms. Butterbaugh said she had no problems with the g.o. bond if the city can get the vote. Ms. Butterbaugh said she did have problems with the revenue bonds. These are 30 year bonds. The sixth penny is committed to open space and the seventh penny to mall and transportation. The Council would be tying that money up for 30 years. In a couple of years the city will be able to make things happen in the sixth and seventh pennies. A revenue bond would be binding the city in every direction. All opposed, motion NOT carried. Councilman Behrendt moved to go with g.o. bonds; seconded by Councilman Parry. All in favor, with the exception of Councilman Isaac. Moticn carried. PUBLIC HOUSE LEASE City Attorney Stock told Council every year the Pub comes and asks for a 10 year lease; this lease is through December 1980 with a 60 day termination clause. The rent is the Public House same as it has been, which is $750 per month. Council discussed raising the rent to I~ase $900 per month; Councilman Van Ness pointed out that would be a 20 per cent increase. ~u~ ~-~=u~9 aspen u~sy uouncl± ~ep~emDer z4, ±~/~ Councilman Behrendt moved to approve the lease if the city manager could negotiate for $900; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Behrendt moved to continue the meeting to 5:30 p.m. Tuesday, September 25; seconded by Councilman Isaac. All in favor, motion carried. Council left Chambers at 11:50 p.m. ~ Koc~h ~-C~lerk Continued meeting Aspen City Council September 25, 1979 Mayor Edel called the meeting to order at 5:40 p.m. with Councilmembers Michael, Van Ness and Behrendt present. Also present City Manager Stalf, Finance Director Butterbaugh and City Attorney Stock. RESOLUTION %19, SERIES OF 1979 - Setting Special Election City Attorney Stock submitted this resolution, a charter amendment, and an additional 1/2 per cent real estate transfer tax ordinance for discussion. City Manager?Stalf said Reso. 19, 1979 the city is trying to do something about ho~sing, but does not have the funds to deal Special Electior with this actively. The private sector Wi.ll not solve the employee housing problem. The for additional water plant site with the land and utilities donated, lis not any deal. There is a problem R~I'I' at Smuggler trailer park and the city may need funding. Stalf told Council ~,. real estate market is turning over $~00,000,000 a year. An increase in the mill levy would provide an increase in funds but not as large as a real estate transfer tax. Stalf said he feels the real estate transfer tax is the way to go; however, the moti~&tion is to get somethin¢ going on housing. Councilman Van Ness asked if through a general obligation bond issue, the seed money would be recovered and could be used again. Stalf pointed out this would increase the rents. Councilman Van Ness questioned how extensively the city should get involved. The city ought to get the water plant housing done and take it from there to see how it works. (Councilman Parry came into Chambers). Councilman Behrendt said he would like to bury the real estate transfer tax and go with the g.o. bonds. Councilwoman Michael said she would also like to discourage the real estate transfer tax. Councilwoman Michael pointed out the taxpayer is being squeezed on all levels, and the city has got to get creative for funds for employee housing. Councilman Parry agreed about not taking the RETT to the voter. Mayor Edel noted not a lot is being done for housing in either public or private sector. The city has got to put together some impetus in terms of funds for housing. Mayor Edel said the problem gets worse everyday and people are being forced out of town. Mayor Edel agreed with setting a meeting with the public sector, real estate, bankers, lawyers, contractors, etc. to get ideas and funds. Without money there will be no housing. Councilwoman Michael said she felt this task should be given to the city manager to devel¢ optionS. Councilman Van Ness said there are things that can be done without money, such as re-examine the growth management plan. Mayor Edel said he would like a town meeting to discuss how to raise money to push employee housing. The tentative dates set for this meeting are November 20 and 21. (Councilman Collins came into Chambers). APPROPRIATION ORDINANCES Appropriation Finance Director Butterbaugh told Council these 10 ordinances are clean up ordinances and ordinances are a result of review of financial commitments made January 1 through July 31. This takes care of all commitments except the $10,000 for Alan Merson and some insurance claims. The sixth penny was the heaviest hit with the purchase of the Ice Garden, Aspen One, and the Wheeler Opera house. ORDINANCE #60, SERIES OF 1979 - Land and Open Space Expenditures O~d. 60, 1979 Councilman Van Ness moved to read Ordinance #60, Series of 1979; seconded by Councilwoman Land & open Michael. All in favor, motion carried. space ORDINANCE #60 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $36,300 FROM UNANTICIPATED REVENUES IN THE LAND AND OPEN SPACE FUND, $110,999 FROM CURRENT YEAR UNAPPROPRIATED REVENUES, RECOGNIZING A TRANSFER OF $316,365 FROM THE WATER FUND, AND APPROPRIATING TRANSFERS FOR DEBT SERVICE IN THE AMOUNT OF $163,889 AND $299,775 8F LAND AND OPEN SPACE EXPENDITURES was read by the city clerk Councilman Parry moved to adopt Ordinance #60, Series of 1979, seconded by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye Parry, aye; Collins, aye; Michael aye; Mayor Edel, aye. Motion carried. ORDINANCE #61, SERIES OF 1979 - Appropriation in Electric Fund Ord. 61, electric fund Ms. Butterbaugh explained this appropriation is for the land payment for the switching station. Councilman Parry moved to read Ordinance %61, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. Continued Meeting Aspen City Council SeptemDer 2D, 1~/~ ORDINANCE 961 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $52,500 FROM UNAPPROPRIATED CURRENT YEAR REVENUES OF THE ELECTRIC FUND FOR MISCELLANEOUS ELECTRIC FUND EXPENDITURES was read by the city clerk Councilman Behrendt moved to adopt Ordinance #61, Series of 1979; seconded by Councilman Van Ness. Roll call vote; Councilmembers Michael, aye; Behrendt, aye; Collins, aye; Parry, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~62, SERIES OF 1979 - Appropriation Transit Fund Councilman Behrendt moved to read Ordinance ~62, Series of 1979; seconded by Councilman Ord. 62 Collins. All in favor, motion Carried. Transit f~nd ORDINANCE ~62 (Series of 1979) AN ORDINANCE RECOGNIZING A TRANSFER FROM THE TRANSPORTATION FUND IN THE AMOUNT OF $208,000 AND MAKING A SUPPLEMENTAL APPROPRIATION OF $208,000 FOR THE PURPOSE OF BUS TRANSIT EXPENDITURES IN THE TRANSIT FUND was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~62, Series of 1979; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Collins, aye; Behrendt, aye; Van Ness, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~63, SERIES OF 1979 - Appropriation Transportation Fund Ord. 63, transportation Ms. Butterbaugh told Council this is the other side of the previous ordinance, recogniz- fund ing the transfer of $208,000 and sale tax revenues of $100,000. Councilman Behrendt moved to read Ordinance ~63, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~63. (Series of 1979) AN ORDINANCE RECOGNIZING UNANTICIPATED SALES TAX REVENUES IN THE TRANSPORTATION FUND IN THE AMOUNT OF $100,000 MAKING A SUPPLEMENT APPROPRIATION OF A TRANSFER TO THE TRANSIT FUND IN THE AMOUNT OF $208,000 AND A TRANSFER FOR DEBT SERVICE EXPENDITURES OF $68,431 was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~63, Series of 1979; seconded by Councilma Parry. Roll call vote; Councilmembers Van Ness, aye; Collins, aye; Behrendt, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE 964, SERIES OF 1979 - Appropriation 1978 Sales Tax Refunding Bond Fund Councilman Behrendt moved to read Ordinance ~64, Series of 1979; seconded by Councilman Ord. 64, 1979 Parry. All in favor, motion carried. Sales Tax Refunding bond ORDINANCE #64 (Series of 1979) AN ORDINANCE TRANSFERRING FUND FROM THE LAND AND OPEN SPACE FUND AND THE TRANSPORTATION FUND IN THE AMOUNT OF $5,164 AND $2,156 RESPECTIVELY, AND APPROPRIATING $7,320 FOR THE PURPOSE OF COUPON REDEMPTION IN THE 1978 S.T. REFUNDING BOND FUND was read by the city clerk Councilman Behrendt moved to adopt Ordinance #64, Series of 1979; seconded by Councilman Parry. Roll call votel; C0uncilmembers Parry, aye; Collins, aye; Michael, aye; Behrendt, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. (Councilman Isaac came into Chambers ) . ORDINANCE ~65, SERIES OF 1979 - Appropriation Debt Reserve Fund ord. 65, Councilman Behrendt moved to read ordinance #65, Series of 1979; seconded by Councilman Debt Reserve Parry. All in favor, motion carried, fund ORDINANCE 965 (Series of 1979) AN ORDINANCE TRANSFERRING FUNDS FROM THE LAND AND OPEN SPACE FUND AND THE TRANSPORTATION FUND IN THE AMOUNT OF $158,725 AND $66,275 RESPECTIVELY, APPROPRIATING PRIOR YEAR SURPLUS FROM THE DEBT RESERVE FUND IN THE AMOUNT OF $50,000 AND APPROPRIATING BOND REVENUES EXPENDITURE IN THE AMOUNT OF $275,000 IN THE DEBT RESERVE FUND was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #65, Series of 1979; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Behrendt, aye; Van Ness, aye; Collins, aye; Parry, aye; Isaac, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~66, SERIES OF 1979 - Appropriation Golf Course Fund Councilman Behrendt moved to read ordinance ~66, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #66 (Series of 1979) ~Ord. 66 AN ORDINANCE RECOGNIZING A TRANSFER FROM THE WATER FUND TO THE GOLF COURSE ~Gotf course fund FUND IN THE AMOUNT OF $101,480, APPROPRIATING PRIOR YEAR SURPLUS IN THE GOLF COURSE FUND IN THE AMOUNT OF $72,061, REDUCING APPROPRIATED CURRENT YEAR REVENUES BY THE AMOUNT OF $87,980, AND APPROPRIATING ADDITIONAL GOLF COURSE EXPENDITURES IN THE AMOUNT OF $85,561 was read by the city clerk Councilman Behrendt moved to adopt Ordinance #66, Series of 1979; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, nay; Collins, aye; Parry, aye; Isaac, aye; Behrendt, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE #67, SERIES OF 1979 - Appropriation Water Fund Councilman Behrendt moved to read Ordinance 967, Series of 1979; seconded by Councilman Ord. 67 Parry. All in favor, motion carried. water fund ORDINANCE #67 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $523,345 FROM PRIOR YEAR SURPLUSES IN THE WATER FUND, RECOGNIZING A TRANSFER TO THE LAND AND OPEN SPACE FUND IN THE AMOUNT OF $316,365 AND A TRANSEER TO THE GOLF COURSE FUND IN THE MOUNT OF~$101,480, APPROPRIATING WATER FUND EXPENDITURES IN THE AMOUNT OF $105,500 was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~67, Series of 1979; seconded by councilm~n Parry. Ms. Butterbaugh said the city needed $105,000 for the completion of the Aspen Mountain water tank. Ms. Butterbaugh said she felt these expenditures were necessary; however, the were not brought to Council at the time they occurred. Roll call vote; Councilmembers Collins, aye; Behrendt, aye; Michael, aye; Parry, aye; Isaac, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE #68~ SERIES OF 1979 - Appropriation in General Fund Councilman Behrendt moved to read Ordinance ~68, Series of 1979; seconded by Councilman Ord. 68, Van Ness. All in favor, motion carried. general fund ORDINANCE 968 (Series of 1979) AN ORDINANCE RECOGNIZING ADDITIONAL UNANTICIPATED SALES TAX COLLECTIONS FROM THE CITY'S SHARE OF THE PITKIN COUNTY 2% SALES TAX IN THE AMOUNT OF $150,000, RECOGNIZING OTHER UNANTICIPATED REVENUES IN THE AMOUNT OF $12,658, AND TRANSFERS FROM THE REVENUE SHARING FUND IN THE AMOUNT OF $41,962, APPROPRIATING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $106,813 was read by the city clerk Councilman Behrendt moved to adopt Ordinance 968, Series of 1979; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Parry, aye; Collins, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Mayor Edel, aye, Motion carried. ORDINANCE 969, SERIES OF 1979 Transfer to General Fund Councilman Behrendt moved to read Ordinance #69, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. Ord. 69 transfers to ORDINANCE 969 general fund (Series of 1979) AN ORDINANCE MAKING SUPPLEMENTAL TRANSFERS IN THE AMOUNT OF $41,962 FROM PRIOR YEAR SURPLUS OF THE REVENUE SHARING FUND TO THE GENERAL FUND was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~69, Seires of 1979; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, aye; Collins, aye; Behrendt, aye; Van Ness, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. Councilman Isaac moved to adjourn at 6:45 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. Kathry~S. Koch, City Clerk Special Meeting Aspen City Council October 3, 1979 Mayor Edel called the special meeting to order at 5:40 p.m. after half ho~r executive %'~S~uggl~r Trailer session with Councilmembers Collins, Behrendt, Isaac, Parry and Van Ness present. Mayor Park Edel stated the Council had discussed condemnation proceedings regarding Smuggler Trailer Park. Mayor Edel had received a phone call from Jeffrey Sachs stated he is additional representative for Tom Pollack and would like to discuss this problem with Council before condemnation proceedings are started. 2746 Special Meeting Aspen City Council October 3, 1979 Jeffrey Sachs told Council he had been hired as a mediator to try and help get a solution to this problem. Sachs said he had a new proposal to make to Council, and promised to negotiate as long as possible. Sachs pointed out the rent increases are not effective until December 1, and if an agreement is reached it will not come to that. Sachs said Smuggler the city could withdraw from negotiations if they do not feel the trailer park owners are Trailer P~rk acting in good faith. Sachs requested the city hold off for a couple of days, as they have a new proposal to make. Mayor Edel pointed out a letter was to be sent out to rescind the $100 rent raise. Mayor Edel said the letter should be sent if there is good faith and a starting point. Sach said his objective is to settle immediately. Councilma Van Ness stated Sachs wanted time in order to attempt negotiations; the city will give th time if they get cooperation for the tenants and the rent raise is rescinded. Sachs said there is a legal issue involved; if the rent increases are rescinded and the city takes action to implement a rent control or condemnation of the property, the value or the rents may be adversely affected. Pollack is willing to rescind rent increase as part of bargaining with the city. Sachs asked the city to show good faith if the nego- tiations fail, they will allow the rent increases to go out before they do a rent contro or take action to condemn the property. Council agreed to that. Mayor Edel asked that a letter go out tomorrow to the tenants~rescinding the increases. Brooke Peterson, representing the tenants, said he did not see why the city could not negotiate while continuing condemnation proceedings. Sachs said that would defeat what was just accom- plished and would prejudice the park owners. Mayor Edel stated if the city had not come close by Friday, they will reconvene and proceed with condemnation. Councilman Van Ness moved to continue the meeting to Thursday, October 4th at 6:30 p.m.' seconded by Councilman Isaac. Peterson told Council by a telephone survey they had contacted 70 out of the 87 trailer owners. The questions (1) will you move your trailer down valley, 41 out 70 said they would sell the trailer. (2) move to a park close to town, 62 said they would consider that; (3) 37 felt their homes could not be moved without substantial economic loss; (4) 49 of the people contacted were owner-occupants, and there were 170 people living in 70 trailers. All in favor, motion carried. Council left Chambers at 6:15 for another executive session. Kath~ S .~Ko~h~ ~' c , City Clerk Continusdmeeting Aspen City Council October 4, 1979 Council met in exeuctive session from 6:45 until 8:00 when Mayor Edel opened the con- tinued meeting of the Council and the P~blic Housing Authority discussing Smuggler traile park negotiations. Present were Councilmembers Van Ness, Parry, Collins and Behrendt, Karen Smith, City Attorney Stock, City Manager Stalf, Finance Director Butterbaugh, Jeff Sachs, Tom Pollack, Brooke Peterson. Mayor Edel said the negotiations went on for four hours earlier and a lot of territory had been covered. The city needs additional time to do some important studies on the 9muggler Trailer costs of the projects, road, fire protection, moving trailers, additional units. The Park Council instructed the staff to investigate and get answers to these questions. The details of the agreement that have been worked out are the sale of the 9 acre trailer park for $1,400,000 through assumption of current financing. The Council has no problem with friendly condemnation to benefit the sellers of the 9 acres. The Council has asked for 20 rather than 18 PMH units, unless the staff can find a way to get more PMH units developed. There is no problem with 9 free market units as long as one of them is Pollack's present home. The city will make no additional payment of $200,000 ever. The city needs approximately 30 days to get some considerations of the cost factors involved. Council and Pollack discussed where the three acres for additional development would be as it is presently in a lot of different places. Council adjourned at 8:30 p.m. Kathr ~' J~ // ~ Koch, City ClArk