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HomeMy WebLinkAboutminutes.council.19791009Regular Meeting Aspen City Council October 9, 1979 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:10 with Commissioners Kinsley, Child and Edwards present; Councilmembers Collins, Parry, I~a~n~.~rendt. 1. Clean Air Advisory Board. Commissioner Child stated it is the County's statutory duty to handle clean air, and most of the problems this Board handles are city problems CAAB Child said he would like to make this a joint city/county board so that the council will have some input and the CAAB feels more comfortable dealing with the city. Commissioner Edwards said this group discusses air problems, solutions and recommendatio! ~-~ for alleviation. They have a plan if the air pollution gets too serious what steps should be taken to have automobile intercepted, transportation by bus, and a shutdown on fireplaces. County Attorney Stuller said she would have a resolution to accomplish this for the next joint meeting. 2. UMTA - Section 18. Curt Stewart presented a resolution from COG asking for the City and County's support. Section 18 funding is all monies available to non-urbanized areas in colorado, which is just under $700,000. The state has put together a funding alloca- tion proposal to take the available monies and allocate on a population basis. Aspen, Transportation 'Vail, Summit County, Stear0boat Springs will receive less than 5 per cent of all the transi i~UMTAgrants funding assistance in the state. Stewart stated this is ludicrous when the fact is these areas carry over 70 per cent of the transit ridership in the non-urbanized areas. Stewart said he would like to have the Colorado Highway Department with the transit plan- ning staff develop the needs existing in Colorado and make these needs known to UMTA and the state. Stewart stated that 2/3 of the program going out on a formula is discriminator . Stewart envisioned the application process costing more than any money Aspen and Pitkin County might get. Stewart is asking that a preliminary process be set up where elected officials write down the projects for a preliminary yes or no so people will know whether to go through the application process. Mayor Edel suggested letting Governor Lamm know where the Boards stand on this issue. Councilman Behrendt moved to have Stewart address a letter outlining these points and to talk to Governor Lamm; seconded by Councilman Parry. All in favor, motion carried. 3. Open Space Advisory Board Agreement Amendment. Jolene Vrchota, planning office, told the Board this has been presented before. The Boards agreed that Snowmass be invited to join the agreement and the Board. The Board was reorganized so that there is representati, n oSAB- by Snowmass Village. The only item left unsolved was Snowmass was to participate financiallyI Snowmass They agree they would be willing to give a proportionate amount by population for support of staffing this group. Councilman Behrendt moved to approve the amendment; seconded by Commissioner Kinsley. All in favor, motion carried. 4. Location of Sand and Gravel Pit. Harold Stalf told Commissioners he would like them to look at the impacts of this decision and the requirements of the City of Aspen and Town Sand and Gravel of Snowmass for the next year. Commissioner Kinsley said the County is taking another look at the sand and gravel pit, and is basically starting all over. Stalf said if the Pit materials for the City's and Town's projects are available in the valley, it makes it much more economical. Hal Clark, Elam Company, said these materials have to be hauled at extra costs; there is impact on highway 82. Clark said his company had been pursuing a new permits for years; they will phase out there present facility next surmner. The Commissioners told Council they are looking at this problem and the complaints of the residents in the area, and would take into consideration the city's concerns. 5. Job Service Center. Representatives from the Job Service Center said they would like to know where they stand. Stalf told the Boards there is a contract drawn up between the Job S~..~vice NWCCOG and the State; the city and county have nothing to sign. Benson said the volunteer ~Center have placed a lot of people in jobs and some in housing; this is not just a job service centerl it is a social service organization. Stalf said the Job Service Center plans on opening in 10 days. Mayor Edel stated at a previous meeting both the Council and the Commissioner felt if the state would take this over that would be the way to go; that was the feeling of the Boards. CommiSsioner Edwards agreed the City and County would only fund it if they state would not. Commissioner Kinsley moved the city and county jointly pick up out of pocket expenses for this office between last covered and when the state takes over to be supervised by Patsy Malone and Phyllis Kenny, and that letters are written to the volunteers with sincere thanks for their efforts resulting in getting a job service center; seconded by Councilman ?~rry. ~ommisSioner Kinsley amended his motion to state up to $200. All in favor, motion carried. COUNCIL MEETING MINuTEs There were no minutes CitY Manager Stalf read the tentative agreement with the owners of Smuggler Trailer Park, "sale of the 9 acre trailer park to the city for $1.4 million; development of 8 free Smuggler Traile market and 20 PMH units on the remaining 3 acres; retention by Pollack of his house on the 9 acres; condemnation proceedings will not be pursued at this time; no rent increases Park nor rent controls will be imposed at this time." Statf told Council there are still many problems to be worked out before a final deal. ACCOUNTS PAYABLE Finance Director Butterbaugh pointed out the unauthorized purchase orders are not as big as they seem. The purchase order purchase on was vacation and some things got confused. Councilman Isaac said some department heads are making orders without purchase orders. Mayor Edel said Council went through this two months ago and department heads are not to be doing this. This is the city manager's area, and the Council is unequivocal about it. Councilman Isaac moved to approve the accounts payable; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION All Citizens 1. Mary Martin told Council the All Citizens Action Committee organized in Marchl 1979 Action Committe~ with a membership of 200 interested citizens. Ms. Martin requested that the governments study of jointly hire the firm of Cresap, McCormick and Paget to study all departments of both gov~t governments. Ms. Martin said the group feels the study WoUld be of great benefit and aid in better and more efficient government and cost effectiveness. Ms. Martin urged the to contact the firm and request a study. Ms. Martin said they feel the taxes will be well spent for an evaluation of the government. This is a study be professionals, and _ outside help is needed. 2. Olof Hedstrom, Chairman of P & Z, told Council the Commission felt their reasons for denying application of the Tipple Lodge for subdivision exemption were clear and compel- Subdivision ling. The city has agreed upon zoning to concentrate tourist lodging hear the commercial exemption ~ core and ski area. Hedstrom stated it seemed undesirable to create any pressure towards Tipple Lodge shifting tourist accommodations out of these areas by means of a reduction in lodge units P&Z opposed availabe for short term tourist use. Hedstrom said the P & Z felt condominiumization of lodges would do that. Hedstrom said it seemed the responsibility of the P & Z to try, in their best judgement, to protect the community against the possibility of adverse land us~ Hedstrom noted there is some evidence that existing condominiums in separate ownership of units does withdraw the units from short term market. At the Gant 16 per cent of the uni~ are never offered for short term rental; at the Alps 16 per cent; Top of the Village, 25 per cent; Clarendon, 53 per cent, Old One Hundred 20 per cent. Hedstrom stated the P & Z judged separate ownership would tend to weaken and destroy the special quality of a lodge created and maintained by onwer-operator. The quality of lodges is a big concern at this time. Hedstrom said they felt it was not desirable to alleviate one problem by an action that might create other, new and different problems. The financial problems of modernizing lodges should be attacked by other means. 3. Joe Porter told Council he was very concerned about the city buses being used by school children. Porter stated he was in favor of consolidating the bus systems. Howeve~ there is a serious problem with child safety. Also a lot of people are driving their Transportation kids to school, which is counter to the transportation objectives. Porter said he would city buses/ like to see Council throw this back on the Board of Education temporarily until this school kids can be thought out better. This may be saving money but it is jeopardizing the safety of the children. Porter asked Council to make a commitment to do something. Mayor Edel pointed out the system is not something the city wanted to pick up; the Board of Educatio~ dropped the bus system. Mayor Edel said he is also concerned about it; however, he did not want to see kids standing around freezing with no way to school. Mayor Edel suggested the parents take this up with the Board of Education. Stalf said he had met with the school staff and there is a long range effort for total combination of the buse efforts. The city or county should contract with the school to run school buses. Mayor Edel told Porter to meet with Stalf on this issue. COUNCILMEMBER COMMENTS 1. Councilman Isaac pointed out Council had asked for an ordinance to affect condominium - ~- zation and it is not on the agenda. City Attorney Stock told Council he was going to Condc~ainiumizatJ recommend to P & Z to recommend a moratorium so that the city can address the issue, of lodges Mayor Edel said that clause was in the motion and it should be done. 2. Councilman Isaac asked where Arthur's liquor application was. Staff told Council tha~ Arthur's the liquor inspector could not be present, and the applicant is re-writing the contracts. 3. Councilman Parry announced the official opening of the Ice Garden Saturday, October 13, and asked that Council be there. 4. Councilman Behrendt noted the city is pushing for antique lights and asked if they Antique lights are part of the engineering design for North Mill street. Councilman Behrendt said he North Mill street would like to see these lights on Mill street. Dan McArthur, city engineer, told Council there are high level lights there now and antique lights do not have enough candle power. Mayor Edel asked the staff to investigate to see if the city could use the antique lights and still have enough power. 5. Councilman Behrendt asked when the two reports on the Wheeler Opera House would be Wheeler Opera ready. Jeff Sachs said the Roaring Fork Valley Foundation on the Performing Arts study House reports would be ready Friday. Joe Wells said the Harry Weiss study is about two weeks away from finalization, Mayor Edel asked that this be pushed for the next Council meeting. 6. Mayor Edel said the lunch meeting at the water plant was excellent, and he was impres~ ed by the needs coming up. Mayor Edel recommended anyone who did not attend make an appoint~ ment with Jim Markalunas. 7. Mayor Edel told Council that C~A.S.T. has been invited by the Colorado Ski County to CAST speak to them. The ski communities will have a voice in forest service relationships, ski area operator relationships, etc. 8. Mayor Edel said the Council will be interviewing for city manager the week of October 15 and will have an executive meeting at noon October 22nd to make a decision. LIQUOR LICENSE RENEWALS - Paddy Bugatti's; Sub Shoppe Liquor License Tom Dunlop and Bob Jacobs had no problems with either. Councilman Isaac moved to approve renewals the renewals for Paddy Bugatti's and Sub Shoppe; seconded by Councilman Parry. All in Paddy Bugatti's favor, motion carried. Mayor Edel left the meeting; Mayor Pro Tem Behrendt took over. sub Shoppe~, .' APPLICATION FOR 3-WAY LIQUOR LICENSE - Buster and the Fox Liquor License Mayor Pro Tem Behrendt opened the Public hearing. Councilman Collins moved to continue application the public hearing until the next meeting upon applicant's request; seconded by Council- Buster &The Fox man Isaac. All in favor, motion carried. SPECIAL EVENT PERMITS - Aspen Center for Visual Arts Special Event Councilman Parry moved to approve the special event permits for November 4; November 24; Permit - VAC and December 14; seconded by Councilman Isaac. All in favor, motion carried. CENTENNIAL PROJECTS Ramona Markalunas told Council she would just as soon wait to do the presentation to the entire Council. Councilman Collins moved to table this item until October 22; seconded by Councilman Isaac. All in favor, motion carried. PROPOSAL TO ALLEVIATE MULTIPLE-STOP DELIVERY TRUCK SERVICE Buzz Howe, owner of Roaring Fork Delivery Company, told Council there are many restaurantl , liquor stores and food shops dealing with approximately 40 distributors bringing supplies on private vehicles. This produces approximately 8500 tons per year. This produdes a large amount of congestion and inefficiency and pollution. Howe suggested finding a way to consolidate the distributor's freight into single trucks for a single area. Howe said that 4 or 5 different trucks are trying to get into the alleys; one truck could deliver instead to a single area. The multiple trucks add to the visual impact. Howe said for this to work they would have to have a warehouse facility where the supplies could be brought in in bulk. Howe said he felt this would save the distributors money. This plan is built on volume. City Attorney Stock told Council they could limit trucks and the use of the streets, but they cannot prohibit. Councilman Isaac said when Rio Grande was delivering a lot of supplies, the costs went up because someone else was handling the merchandise. Mayor Pro Tem Behrendt said before the Council could really address this, Howe should contact all the distributors to get support. City Manager Stalf said if the merchants supported it also, it could be considered. Without support, the city would be perceived as placing regulations on how they do business. Stalf said if the merchants and distributors want to do this, there will be no fight. Mayor Pro Tem Behrendt suggested Howe go out and solicit support; if there is strong favor, the Council will listen to this. City Attorney Stock told Mayor Pro Tem Behrendt even though he is abstaining, he is counted in the quorum and the remaining three Councilmembers have the right to make the decision. The applicant has the right to request tabling. Stock advised Council that a motion requires an affirmative vote of all members present. SUBDIVISION EXEMPTION - Klingman Subdivision Richard Grice, planning office, told Council this application was made in August of 1976 ~exe~pti~n and went to P & Z and received approval for condominiumization of an existing duplex. Klingman At that time, there was a change in the planning office staff and there is no reference of this ever getting to Council. Grice recommended Council approve the subdivision exemption as it could have been the staff's fault. Councilman Parry moved to approve the subdivision exemption; seconded by Councilman Collins. All in favor, motion carried. Subdivision SUBDIVISION EXEMPTION - Molly Gibson Ex~ption Molly Gibson Jeff Sachs requested this item be placed on the October 22nd agenda. REVIEW OF DESIGN ALTERNATIVES - North Mill Street Dan McArthur, city engineer, submitted a traffic stUdy and letter from the design consul- Nor~hMitl tant. McArthur recommended the Council approve design alternate ~1 which includes on street - design street parking on Mill street. The benefits of this plan are increase parking by 50 alternatives spaces, could be used as bus loading and unloading along Mill street. With this plan, special bus turn out lanes would not be needed. Councilman Isaac stated he felt strongly against #1 as in the winter with the snow plowing and the amount of traffic, it would narrow the street. McArthur suggested on'street parking only in the summer, and in the winter the snow could be piled there. The problem with ~2 is that the Council has to pick definite turn out lanes for buses. McArthur told Council this plan has nothing to do with the Mill street bridge; they will only repave the portion from Puppy Smith street to the bridge. Stock told Council the city has completed the acquisition for the realignment of the bridge, and the city has to convince the County to use road and bridge money to build the b~idge. McArthur told Council for reasons of safety there has to be a small section of grass between the side- walk and street. Joe Wells, planning office, said there is a concern about the parking element of the proposal and the north side of the river continues to be an area that may be logical for employee housing. The planning office also has reservations about the lack of accommodation of pedestrial and bike movement. Stalf pointed oUt with four lanes the sidewalk can be placed right next to the street and the parked cars will be a buffer from the street in the summer and the piled snow will be a buffer in the winter. Councilman Collins asked for the cost comparisons. McArthur answered the consultant feel #1 will be more expensive, but something less than $100,000. Councilman Collins asked if the consultants could develop both schemes and get bids on both. McArthur stated the city has a contract for one design. Councilman Isaac moved to approve #1 with no parking. Motion DIES for lack of second. Councilman Parry moved to approve #1; seconded by Councilman COllins. All in favor, with the exception of Councilman Isaac. Motion carried. McArthur told Council the additional cost to bring road base up from Gtenwood Springs would be $120 per 15 tons load. The city uses about 360 tons a year. Regular Meeting Aspen ulty ORDINANCE #50, SERIES OF 1979 - Conflicts of Interest Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Ord. 50, 1979 Conflicts of Councilman Isaac moved to read Ordinance #50, Series of 1979; seconded by Councilman Interest Parry. All in favor, motion carried. ORDINANCE 950 (Series of 1979) AN ORDINANCE DEFINING CONFLICT OF INTEREST AND REQUIRING THE DECLARATION AND REMOVAL OF A PUBLIC OFFICIAL FROM ANY LEGISLATIVE, ADMINISTRATIVE, OR DISCRETIONARY ACT WHEN SUCH A CONFLICT EXISTS was read by the city clerk Councilman Collins moved to adopt Ordinance #50, Series of 1979, on second reading; second ~d by Councilman Parry. City Attorney Stock pointed out this is different from the first reading as it contains a definition of personal services. Councilman Isaac said this still says a councilmember cannot appear before Council on his or her behalf. Stock said this is to try to create an appearance of propriety. Stock said this is making great demands on the members by this requirement because they have to hire someone to represent thism. This does give Councilmembers the right to take a political stand on a legislative issue. Councilman Isaac said this does not give the Councilmembers the same rights as anyone else. Bil Dunaway pointed out that appearance of Councilmembers before their peers does give an advantage other people do not have. Councilman Isaac moved to table Ordinance ~50, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. Stock told Council the personal services requirement comes from a provision inlthe Charter, which he feels the city should ask the voters to remove. Stock said he could see nothing wrong in a small community if the city contraCts with someone on Council if that person removes himself from assurances of the contract. MaYor Pro Tem Behrendt said he would like to go for a Charter change. ORDINANCE ~57, SERIES OF 1979 - H, Historic Designation of Block 25, Lots A and B Mayor Pro Tem Behrendt ~open~d the public hearing. There were no comments. Mayor Pro Tem Ord. 57, 1979 Behrendt closed the public hearing. H designation Main street Councilman Parry moved to read Ordinance ~57, Series of 1979; seconded by Councilman Isaac block 25 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 Isaac moved to adopt Ordinance ~57, Series of 1979, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, aye; Collins, aye; Parry, aye; Mayor Pro Tem Behrendt, aye; Motion carried. ORDINANCES 60 - 69, SERIES OF 1979 - Appropriation Ordinances Stock recommended suspending the rules and have the public hearings all at one time. Mayor Pro Tem Behrendt opened the public hearing on Ordinance 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, Series of 1979. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Councilman Parry moved to read Ordinances 60 through 69, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. 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 TRANSFER FOR DEBT SERVICE IN THE AMOUNT OF $163,889 AND $299,775 OF LAND AND OPEN SPACE EXPENDITURES was read by the city clerk ORDINANCE ~61 (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 ORDINANCE ~62 (Series of 1979) AN ORDINANCE RECOGNIZING A TRANSFER FROM TEE TRANSPORTATION FUND IN THE AMOUNT OF $208,000 AND MAKING A SUPPLEMENTAL APPROPRIATION OF $208,000 FOR THE PURPOSE OF BUS TRANSIT EXEPNDITURES IN THE TRANSIT FUND was read by the city clerk. ORDINANCE #63 (Series of 1979) AN ORDINANCE RECOGNIZING UNANTICIPATED SALES TAX REVENUES IN THE TRANS- PORTATION FUND IN THE AMOUNT OF $100,000 MAKING A SUPPLEMENTAL APPROPRIA- TION OF A TRANSFER TO THE TRANSIT FUND IN THE AMOUNT OF $208,000 AND A TRANSFER FOR THE DEBT SERVICE EXPENDITURES OF $68,431 was read by the city clerk ORDINANCE #64 (Series of 1979) AN ORDINANCE TRANSFERRING FUNDS 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 SALES TAX REFUNDING BOND FUND was read by the city clerk ORDINANCE ~65 (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 ORDINANCE #66 (Series of 1979) AN ORDINANCE RECOGNIZING A TRANSFER FROM THE WATER FUND TO THE GOLF COURSE 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 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 ~OUNT OF $316,365 AND A TRANSFER TO THE GOLF ~ COURSE FUND IN THE AMOUNT OF $101,480, APPROPRIATING WATER FUND EXPENDITURES IN THE AMOUNT OF $105,500 was read by the city cl~rk. ORDINANCE #68 (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 UNANTICIAPTED REVENUES IN THE AMOUNT OF $12,658, AND TRANSFER FROM THE REVENUE SHARING FUND IN THE AMOUNT OF $41,9~2 APPROPRIATING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $106,318 was read by the city clerk ORDINANCE 969 (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~Isaac moved to approve Ordinance ~60 through Ordinance #69, Series of 1979; seconded by Councilman Collins. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Collins, aye; Behrendt, aye~ Motion carried. CITY MANAGER 1. Sale of Mall Bricks. Stalf told Council the County had requested buying these bricks from the city as their paving has deteriorated. Previously the Council said they would Mall bricks not be willing to sell the bricks as they could be used for downtown beautification. Mayor Pro Tem Behrendt directed Stalf to find out the fair market price and come back to Council. Mayor Pro Tem Behrendt said he did not want to sell bricks except for things like this. 2. Job Service Center. Stalf told Council he had sent a letter to the state saying the Job Service City would be willing to give space in the Wheeler Opera House. The state requested a Center letter of agreement through April 1981. Councilman Collins moved to recommend a lease of the space to the Job Service Center; seconded by Councilman Parry. Stalf said the state will budget this service for 12 month~ . All in favor, motion carried. 3. Smuggler Trailer Park. Stock said there will be a letter of intent expressing the Smuggler Trailer understanding of the C{ty's position and the position of the trailer park owners. It is Park not formalized but will be as outlined earlier. Stock said the city could not prevent people from buying or selling the trailers. It will probably be 8 or 9 months before the City's urban renewal authority owns~the property. Stock said at that time, the city can put price limitations on the lots, and if you want to buy them, you will have to put prices limitations on also. The city, as urban renewal authority, may decide to sell only to owners who will occupy the trailers. WATER ATTORNEY REPRESENTING SNOWMASS VILLAGE WATER ATTORNEY REPRESENTING SNOWMASS VILLAGE Water attorney City Attorney Stock explained that the city's water attorneys ha~e requested to be able representing to represent Snowmass Village, and Stock said he could see no conflict of interest. Snow, ass The water attorneys have been asked to look at how many people Sno~ass's water system .~ can support; the likelihood of conflict if rather small. There may be some advantage to the city allowing this as they could find out what water rights the Snowmass Sanitation District would like to acquire. Joe Wells, planning office, said he was concerned about this as there is talk about Snowmass seeking to tap some Of<~the city rights that are not being utilized and to extend their water service to accommodate development. Stock told Council he would neet with them in an executive session with Jim Markalunas and John Musick before the next meeting. Councilman Parry moved to table to October 22; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #70, SERIES OF 1979 - Adding MHP to Zoning Code Ord. 70, 1979 Councilman Parry moved to read Ordinance ~70, Series of 1979; seconded by Councilman MHPdistrict Isaac. All in favor, motion carried. ORDINANCE 970 (Series of 1979) AN ORDINANCE AMENDING SECTIONS 24-2.i(a) AND 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A NEW MHP (MOBILE HOME PARK) ZONE DISTRICT AND AMENDING SECTION 24-3.4 WITH THE ADOPTION OF AREA AND BULK REQUIREMENTS TO BE APPLIED IN THE MHP ZONE DISTRICT was read by the city clerk. Councilman Parry moved to adopt Ordinance ~70, Series of 1979; seconded by Councilman Collins. City Attorney Stock explained when Council annexed the Smuggler area, there is no zone district allowing for mobile home parks. The planning office recommended that Smuggler be zoned so that it is a permitted use, and the P & Z recommended a new zone entirely. The MHP zone is designed for multi-family density for mobile home parks. There are area and bulk requirements for the district. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Collins, aye; Mayor Pro Tem Behrend ~, nay. Motion carried. ORDINANCE ~71, SERIES OF 1979 - Wright/Gant Annexation (denied) Ord. 71, 1979 Annexation Councilman Parry moved to read Ordinance ~71; seconded by Councilman Collins. All in Wright/Gant favor, motion carried, denied ORDINANCE ~71 (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE WRIGHT-GANT PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk. Councilman Parry moved to adopt Ordinance ~71, Series of 1979; seconded by Councilman Collins. Stock told Council this should be titled West Hallam annexation and is located next to the C~stle Creek bridge. The P & Z can prove at least 4 units are legal. The zoning should be R/MF PUD with limitations from P & Z; no further enlargement of the footprint and deed restriction of the six units and no increase allowed. At present there are 9 bedrooms, which is to large for the property. If they come in to reconstruct, they will either have to acquire more land or reduce the number of bedrooms. Stock told Council the owners want it annexed and zoned as R/MF. If the owners come in for condominiumization, the P & Z would like the units deed restricted in perpetuity. Roll call vote; Councilmembers Parry, aye; Collins, nay; Isaac, aye; Mayor Pro Tem Behrend , nay. Motion NOT carried. ORDINANCE__~~72,____~SERIES___~OF__197___~9 - L-1 Code Amendment Ord. 72, 1979 Councilman Isaac moved to read Ordinance ~72, Series of 1979; seconded by Councilman Parry L-1 G ode All in favor, motion carried. Amendment ORDINANCE ~72 (Series of 1979) AN ORDINANCE AMENDING SECTIONS 24-3.2, 24-3.4 AND 24-4.6 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR PERMITTED USES, MINIMUM LOT AREA PER DWELLING UNITS AND RESIDENTIAL USES IN THE L-1 ZONE DISTRICT was read by the city clerk Sto6k told Council this is as a result from a request from Richard Sabbatini for Council to initiate a rezoning, which Council agreed to do. The staff took this to P & Z who recoramended Council not adopt an amendment to the L-1 district. Joe Wells, planning offic~ , pointed out to Council Sabbatini has the only land in the district which has development potential. 2753 Regular Meeting Aspen City Council October 9, 1979 Wells said the P & Z is concerned about co~Versions in the lodges. The planning office is drafting a lodge preservation clause and has no opposition to this change. This lot is the only one that could take advantage of the amendment. Wells said there is no opposition to Sabbatini being able to upgrade his long standing, long term usage of the property. The secondary issue has to be what Council feels about the condominiumization of.lodges and the removal of shortterm uses in tourist zones. Councilman Parry moved to approve Ordinance #72, Series of 1979, Motion DIES for lack of a second. Councilman Parry moved to table Ordinance #72, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #73, SERIES OF 1979 - Mobile Home Park Regulations Councilman Parry moved to read Ordinance #73, Series of 1979; seconded by Councilman Isaac. Ord. 73, 1979 All in favor, motion carried. Mobile Hcme Park Regs ORDINANCE #73 (Series of 1979) AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF THE ASPEN MUNICIPAL CODE BY THE ADOPTION OF A MOBILE HOME CODE AND PROVIDING FOR THE LICENSING OF MOBILE HOME PARKS AND INDIVIDUAL MOBILE HOMES was read by the city clerk. City Attorney Stock recommended a work session to go over this ordinance before second reading. The present Chapter 14 is greatly outdated. Council can adopt anything neces- sary for public safety and welfare. Councilman Isaac moved to adopt Ordinance ~73, Series of 1979; seconded by Councilman Parry. Roll call Vote; Councilmembers Isaac, aye; Parry, aye; Collins, aye; Mayor Pro Tem Behrendt, aye. Motion carried. EMPLOYEE HOUSING GMP DEADLINE Growth Manags~en. City Attorney Stock told Council in early 1978 competitions were for 1977 and 1978 growth deadline - management allocations; there were 65 residential units awarded. Under Section 24-10.7 request for it states applicants must have plans submitted to the planning office sufficient to issue ~.extension a building permit within two years which is February 1, 1980. This applicatant has been delaying and has not given plans because he was waiting for changes to go through the code which would allow him to double the amount of employee housing. In this application there are 27 free market and 28 employee housing units. If the amendment goes through, the applicant will come to Council for permission to build 27 free market and 56 employee units. Mayor Pro Tem Behrendt asked what price guidelines these units would be. Ashley Anderson representing Hans Cantrup, told Council they were committed to the lowest group. Anderso] pointed out they have promised to build the employee units first and they want to maxi- mize the employee units. There is an overlay ordinance in the works which would allow the building to be the same but would change the inside and double the amount of units. Councilman Isaac said he was concerned about cutting the size of the units. Stock told Council they would have to adopt an ordinance to give the right for extensions. Mayor Pro Tem Behrendt said he felt the overlay ordinance would take a long time and he did want to see this project set back any farther. Jim Reents, housing director, told Counc±~ a 90 day extension would put this project in the same building season without and extension. Reents said the Council should not throw away the opportunity to get double the amount of units. Councilman Collins pointed out this project has already gone through one building season without construction. Councilman Collins stated he was disappointed there is no employee housing there and will not support an extension. Councilman Parry said this is a chance to get 56 employee units and the Council should go for it. The Council consensus was not to give an extension. Councilman Collins moved to adjourn at 8:15 p.m.; seconded by Councilman Parry. All in favor, motion carried. och, City Clerk