HomeMy WebLinkAboutminutes.council.19800211 Regular Meeting Aspen City Council February 11, 1980
JOINT MEETING WITH COUNTY COMMISSIONERS
Present Commissioners Edwards, Kinsley, Child; Councilmembers Collins, Behrendt, Isaac,
Van Ness, Michael and Mayor Edel. Also present were County Manager George Ochs, City
Attorney Ron Stock, County Attorney Stuller, City Manager Chapman.
RUEDI RESERVOIR AGREEMENT
Alan Schwartz and Kevin Patrick, the City and County water attorneys, requested the joint
Boards adopt presented agreement with an amendment to Section 10.
Reservoir
sale of water Commissioner Kinsley moved the city and county sign the resolution with the amendment as
noted in Section 10;. seconded by Councilman Isaac. All in favor, motion carried.
COUNCIL MEETING
MINUTES
Councilman Van Ness moved to table the minutes for January 14, 16; 1980; seconded by
Councilman Behrendt. All in favor, motion carried.
ACCOUNTS PAYABLE
Councilman Isaac moved to accept the accounts payable; seconded by Councilman Collins. Alt
in favor, motion carried.
CITIZEN PARTICIPATION
1. Michael Clark told Council he believed in the laws they have created and in the moral
principles underlying them. Clark urged Council to continue to enforce these laws
vigorously and to continue to shape these laws according to moral principles. Without
these laws, society will not continue to prosper.
2. Michael Gassman told Council the city recreation department had started setting a
Golf course - track on the golf course. This track is being used more and more for Nordic skiing.
cross country Gassman told Council it is nice to have the track there and to have good use of it;
skiing track however, this year the track has only been set twice and this is a problem. Gassman said
it is hard to plan on setting a track because of the weather and it takes someone to pay
attention to it. Gassman said the city has a good track setter and a good snowmobile.
If the city is willing to probide the equipment, Gassman said he would be willing to do
the labor for the rest of the winter. Council accepted and directed City Manager Chapman
to work out the details.
COUNCILMEMBER COMMENTS
1. Councilman Behrendt brought up H.B. 1158 and H.B. 1189. Chapman had sent a memorandumil
to Council regarding these two bills. Councilman Isaac said he appreciated Chapman follow-
ing legislative matters.
Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Michael.
All in favor, motion carried.
Councilman Behrendt moved to accept the recommendation of the CML and city manager and
request the city manager and Mayor jointly send letters to the state legislative stating
the city is against H.B. ~158 and for H.B. 1189; seconded by Councilwoman Michael.
~egu±ar meeslng ~Spe~ ~t~ ~Cl~ ......... February 11, 1980
Chapman explained that H.B. 1158 proposes to go to uniform state collection administra-
tively to make the base of sales tax come throughout the state. The biggest problem is
the aspect of food tax, which represents a substantial part of the city's tax base. If
there was a state-wice collected tax, the City should assume the food tax would be
eliminated. Chapman told Council the city collected about $190,000 in general fund and
$320,000 in 6th and 6 pennies from food sales tax in 1979. Chapman told Council that
H.B. 1189 proposes that $1 amount equivalent to 10 per cent of the state's receipts
would be returned to counties and municipalities with 50 per cent being allocated on a pc
capita basis on 50 per cent on point of origin.
All in favor, motion carried.
2. Mayor Edel told Council the last CAST meeting was very exciting with a lot of good CAST meeting
things coming out of it. The Forest Service is acknowledging that cities, counties, Forest Service
ski operators and forest service should be involving in every decision process, including
lift ticket prices.
APPOINTMENT OF MUNICIPAL JUDGE
Mayor Edel stated the Council had interviewed four, very qualified candidates; Brooke Municipal Judge
Peterson, Bill Hodges, Gary Wright, and Bob Grueter. appt.
~obertGrueter
Councilman Behrendt moved to appoint Robert Grueter as Municipal Court Judge; seconded
by Councilman Van Ness. All in favor, motion carried.
APPLICATION FOR ARTS LIQUOR LICENSE - Visual Arts Center Application for
Arts liquor
Mayor Edel opened the public hearing. City Clerk Koch stated the posting, publication an~ license
file were in order. Ms. Koch explained to Council arts license is only for patrons of Visual Arts
productions or shows and is a limited type license. This will eliminate the Visual Arts Center
Center having to come to Council for separate special event permits. The only problem
is that the lease between the City and VAC has not been finalized.
Mayor Edel closed the public hearing.
Councilman Behrendt moved to include the lease between the City and the VAC on the agenda
seconded by Councilman Isaac'~ All in favor, motion carried.
Councilman Behrendt moved that based on the evidence presented at a public hearing held
February 11, 1980, relating to the application by the Aspen Center for the Visual Arts
for an arts liquor license, the CoUncil finds that the needs of the community have not
been met and the license is hereby g~a~ted conditioned upon right to the premises;
seconded by Councilman Isaac. All in favor, motion carried.
VISUAL ARTS CENTER LEASE
Marty Kahn, representing the VAC, told Council there is a problem with the maintenance
contract for the mechanical parts; they have not been able to find a company that is VAC lease
willing to enter a contract. If the VAC can find a company, they will do it. They can
get somebody to service it. Chapman said that was acceptable to the City. Kahn said
relating to the outside grounds and snowplowing, it was their understanding the City woul~
snowplow the driveway and parking area. The VAC also understood that the surrdunding
property was considered city property and open to the public. If the VAC 0r~anyone
wanted to schedule an event, they would have to go through the city. City Attorney Stock
pointed out the lease had an Exhibit A, this shows the VAC property as driveway, parking
lots, building and the bank. Stock told Council he would have a map when he brought the
ordinance back at the next meeting. Councilman Collins asked that "without cause" be
struck from Section 9.
LEASE RENEWAL - Mountain Rescue
City Attorney Stock told Council in the early 1960's the city adopted a lease for the Asp~ n
Mountain Rescue building. It was a five-year lease and has been extended on that basis. Lease -
Fred Braun would like the lease reaffirmed for five years. The lease presented is Mountain Rescue
essentially ~he same as it has been, recognizing the construction of a structure and a
garage.
Councilman Isaac moved to approve the lease; seconded by Councilman Collins.
Councilman Collins asked what all the leases from the city were not standardized. Stock
told Council there are different reasons for getting into leases, such as donations, whic]
are completely different from office space in the Wheeler.
All in favor, motion carried.
REQUESTS FOR ENCROACHMENT- Mill Street Station
City Attorney Stock told Council there are three separate requests for encroachment for Encroachr~ent
the Mill Street Station building. There are planters in the right-of-way on Mill and Request
Hopkins and the roof overhang is in the city's right-of-way. Stock recommended Council Mill street
approve those two requests. The third is for the telephone box~ which is equipment owned Station
by Mountain Bell for which an encroachment agreement is not necessary. This was taken
care of in the franchise. Dan McArthur, city engineer, told Council he had looked at the
sidewalk condition and due to the overhang, the sidewalk is cracking. McArthur recommend-
ed they replace 50 feet of sidewalk to correct the problem as a condition on the
encroachment.
Councilman Behrendt moved to approve the encroachments for the Mill Street Station subjec~
to the engineering requests; seconded by Councilman Isaac. All in favor, motion carried.
,,~. ,.~==,~9 ~sp~n u~y uounc~± ~'eDruary 11, 1980
REQUEST FOR ENCROACHMENT - Aspen Block Building
Dan McArthur, engineer, told Council this is a request for an encroachment license in the
Encroachment alley to block 89 to update the trash container portion of the alley. There ~s an existin~
Request one now but they want to remodel it. City Attorney Stock recommended the approval be
Aspen Block subject to the standardized form.
%'~ Councilman Behrendt moved to approve subject to their signing the standard agreement;
seconded by Councilman Isaac. All in favor, motion carried.
REQUEST SUBSIDIZING OF GYMNASTICS PROGRAM
Sandy Munro and Doug Rhinehart told Council they were going to request a piece of equipmenl
Funding for the gymnastics program. Munro and l{hinehart had gone through the recreation departmen~
Request - budget with Ted Armstrong, and pointed out some of the recreation programs operate at a
Gymanstics profit and some are subsidized. The gymnastics program is one of the most profitable.
Program They need a free exercise mat, which costs about $5,000, in order to have a competitive
program. Munro requested authorization to redirect funds to purchase this mat. Munro
pointed out the baseball team gets $10,000, the swim team gets $3200.
Councilman Behrendt asked if they had approached the schools for money. Munro said they
had not. Councilwoman Michael said if there is potential for competition in this region
now, the city should think in terms of it now. The interest in gymnastics is growing with!!
the children. Ms. Butterbaugh commented the Council did cut $15,000 from the recreation
budget and the programs had to be reworked. Mayor Edel agreed there is an imbalance between
which programs make a profit and which programs are subsidized. City Manager Chapman told
Council he had asked the recreation and parks departments to look at all the recreation
programs and come up with true costs, including all maintenance etc. Council can then
decide on a fee schedule for these programs. Mayor Edel said he was uneasy with the
entire thing, and it requires CounCil looking at the entire program. Council requested
a study session with Armstrong to go over the entire budget and the programs.
REQUEST FUNDING - County-Wide Youth Services Program
Funding Brian Stafford told Council when this youth services program was funded in 1979, the
Request County was under the impression that the federal funding would come in 1980, In the 1980
Youth Services budget approval process that was assumed; however, that was erroneous and the funding was
cancellation. The Commissioners decided to fund the program through the end of March
hoping to solve the funding problems of the program. The Commissioners have said they
will cover 50 per cent of the cash contribution, will provide a 1/4 secretary and provide
free rent. The Commissioners have told Alice Falkenstein if she can get the additional
50 per cent funding throughout the community, they will provide the other 50 per cent.
Stafford said they feel this program is not duplicative with other programs; it offers
unique services to the community with youth counselling, hotline available. There is
wide community support for this program; Stafford said he was hopeful some of the groups
will provide funding. Ms. Falkenstein told Council she ~s looking into other poss~b~l~t~e~
of funding, such as federal grants. Councilman Behrendt pointed out the Aspen Mental
Health clinic is in the same building; there must be some management savings in this.
This program ought to be under Sopris Mental Health group. Councilman Behrendt said ther~
is something wrong with the way mental health services are delivered in this town.
Ms. Falkenstein Said she felt there was a s~igman on mental health for young people.
Ms. Falkenstein said she felt a separate youth coordinator would be in a better position
to meet teenagers/children in a less threatening way. Ms. Falkenstein pointed out that
mental health clinics deal on a 1 to 1 basis. Youth services should do much more than
just treatment, there should be preventative services and educational processes. Council-
woman Michael said the Aspen Mental Health Clinic and its predecessors was perceived as
a comprehensive mental health center. The Council gets nervous when programs begin to
spin off.
Ms. Falkenstein told Council the impetus behind the original program was to shelter runaway
kids coming to Aspen and needing a place to stay. Now the program is getting referrals
from schools, families, friends for kids needing counselling. Councilman Isaac asked what
could be done to make the program self-supporting. Councilwoman Michael, pointed out the
mental health clinic charges on a fee scale, and Ms. Falkenstein is providing a service
which perhaps could be charged for. Mayor Edel said the City will re-examine the budget
and revenues to see what kind of monies are coming in. Ms. Butterbaugh told Council they
had budgeted all available money in the general fund. Ms. Falkenstein said she is going
to get with the school board for possible funds. The Thrift Shop has given $1100 to the
youth hotline, and they have raised other monies and are totally self-funded. Councilman
Isaac asked about getting funding from businesses in town. Ms. Falkenstein told Council
between now and March she needs a commitment of $15,000 and is approaching the City for
$4500. Council told Ms. Falkenstein to wait until mid-March and keep in contact with
the administration. There are many money requests coming in.
APPROVAL OF JUDGES FOR SPECIAL ELECTION
Election Judges Councilman Behrendt moved to approve Fred Lane, Mona Frost, Charlotte Walls and Georgie
Leighton as judges for the special election to be held February 26, 1980; seconded by
Councilwoman Michael. All in favor, motion carried.
ORDINANCE #55, SERIES OF 1980 S/C/I Redraft
Ord. 55, 1980 Mayor Edel opened the public hearing.
S/C/I redraft
City Attorney Ron Stock remihded Council they had requested this ordinance be redrafted
to grandfather the existing businesses. This ordinance defines limited commercial uses.
Mayor Edel closed the public hearing.
ReguLar Meeting aspen ul~y uounc~±
Councilman Isaac moved to read Ordinance ~55, Series of 1979; seconded by Councilwoman
Michael. All in favor, motion carried.
ORDINANCE ~55
(Series of 1979)
AN ORDINANCE AMENDING THE INTENTION, PERMITTED USES AND CONDITIONAL USES
OF THE SERVICE/COMMERCIAL/INDUSTRIAL DISTRICT IN SECTION 24~3.2 OF THE
ASPEN MUNICIPAL CODE was read by the city clerk
Councilman Behrendt moved to adopt Ordinance ~55, Series of 1979, on second reading;
seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Behrendt~ ayel
Van Ness, aye; Collins, aye; Isaac, aye; Mayor Edel, aye. Motion Carried.
ORDINA~NCE #80, SERIES OF 1979 - W.H.O.P. Annexation and Rezoning
Mayor Edel opened the public hearing. Ord. 80, 1979
W.H.O.P.
Sunny Vann, planning office, told Council this is located under the Castle Creek bridge Annexation
and is zoned R-15 in the county. P & Z recommended it should be zoned R-15A and chose
not to comment on the appropriateness of annexation. If they had a large enough site,
R-15 in the city would enable them to build a duplex. In the past it has been the policy
of the city not to upgrade the density. This zoning and the size of the lot would enable
them to build a single family residence; they cannot build a duplex because there is not
enough land. There is no FAR and no limit to the size of the house other than the set
backs. Vann explained this appeared before Council in early December and the planning
office recommended against it as the policy was not to annex unless there is a community
benefit. Council concurred and voted it down. The applicant reappeared and Council
reconsidered this and approved it.
Councilman Behrendt asked what size house they could build in the Council. Vann answered
there is an FAR in the County and they would be limited to 1100 square feet. The only
incentive for the applicant to be annexed is to be able to build a larger structure.
Buzz Pracko pointed out that in 1967 the north side annexation, the center of the river
was used as a natural boundary specifically for annexation purposes. Since the applicant
has been before Council the City has annexed land all around this parcel. Pracko showed
Council a map of the city with the flood plain line. Pracko said he did not feel there
is any density impact in building a two-story house, if annexed. Pracko stated that 2400
square feet would be the maximum house. Pracko asked that this approval be contingent
upon getting a front set back variance.
Councilman Behrendt noted in the past the City has gotten trade offs with annexation and
water rights2 The city is the water service to the whole valley. The city attorney and
city's water attorneys should comment on this. Councilman Isaac said there should be
an agreement to enter into improvement districts for the road, water, fire hydrants, etc.
Stock told Council the policy has been anyone annexed must transfer their water rights
to the City and these rights must tap into the city system. Rick Head told Council they
shared half a well with someone else. Pracko asked if the annexation is granted will
the variance granted in the county run with the property. Stock told Pracko the Council
cannot adopt a zone district and give a variance; Council does not have the power to
grant variance or spot zone.
Councilman Van Ness said his only concern is that by changing a boundary line, the per-
missable development goes from 1100 square feet to 2400 square feet. The Council does
not know where the flood plain ~line is exactly and the footprint. Councilman Van Ness
said he felt a doubling of density is more than adequate. Stock recommended Council allo~
staff to bring back an annexation agreement covering the concerns of Council.
Councilman Isaac moved to direct Stock to draw up an annexation agreement including takin¢
over the water service, agree to improvement district, six month minimum lease and to
have the planning office make recommendation covering the flood plain and set backs;
seconded by Councilman Van Ness. All in favor, with the exception of Councilman Collins
Motion carried.
ORDINANCE #1, SERIES OF 1980 - Deferred Compensation
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. t, 1980
public hearing. Deferred
cc~pensation
Councilman Behrendt moved to read Ordinance ~1, Series of 1980; seconded by Councilman
Isaac. All in favor, motion carried.
ORDINANCE #1
(Series of 1980)
AN ORDINANCE AMENDING SECTIONS 2-101, 2-202, 2-300 AND 2-603 OF THE
MUNICIPAL CODE OF THE CITY OF ASPEN TO ALLOW CERTAIN KEY EMPLOYEES TO
PARTICIPATE IN THE DEFERRED COMPENSATION PLAN OF THE INTERNATIONAL CITY
MANAGEMENT ASSOCIATION RETIREMENT CORPORATION was read by the city clerk
Councilman Behrendt moved to adopt Ordinance ~1, Series of 1980 on second reading;
seconded by Councilman Van Ness. Roll call vote; Councilmembers Collins, aye;
Behrendt, aye; Isaac, aye; Van Ness, aye; Michael, aye; Mayor Edel, aye. Motion carried.
ORDINANCE ~2, SERIES OF 1980 - Personnel Code
~' Ord. 2, 1980
Mayor Edel opened the public hearing. There were no comment. Mayor Edel closed the Personnel
public hearing. Code
Councilman Behrendt moved to read Ordinance ~2, Series of 1980; seconded by Councilwoman
Michael. All in favor, motion carried.
ORDINANCE #2
(Series of 1980)
AN ORDINANCE REPEALING AND REENACTING ARTICLE VI OF CHAPTER 2 OF THE
ASPEN MUNICIPAL CODE PROVIDING FOR A PUBLIC PERSONNEL CODE OF THE CITY
OF ASPEN was read by the city clerk
Councilman Behrendt moved to adopt Ordinance #2, Series of 1980, on second reading;
seconded by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye; Behrendt,
aye; Isaac, aye; Michael, aye. Collins, aye; Mayor Edel, aye. Motion carried.
ORDINANCE #3, SERIES OF 1980 - Increase Tow Fees
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
Ord. 3, 1980 public hearing.
Increase
tow fees Councilman Behrendt moved to read Ordinance #3, Series of 1980; seconded by Councilman Van?
Ness. All in favor, motion carried
ORDINANCE ~3
(Series of 1980
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 15, SERIES OF 1979,
PROVIDING FOR A TOWING FEE OF $20,00 FOR ANY VEHICLE IMPOUNDED UNDER
THE AUTHORITY OF SECTION 22-20 OF THE MODEL TRAFFIC CODE FOR COLORADO
MUNICIPALITIES was read by the city clerk
Councilman Behrendt moved to adopt Ordinance #3, Series of 1980, on second reading;
seconded by Councilman Collins. Roll call vote; Councilmembers Van Ness, aye; Michael,
aye; Collins, aye; Isaac, aye; Behrendt, aye; Mayor Edel, aye. Motion carried.
ORDINANCE #6, SERIES OF 1980 - Extending Temporary Moratorium
Mayor Edel opened the public hearing. Gideon Kaufman said he understood that the plannin¢
office has not yet determined whether to adopt the lodging overlay to eliminate the non-
Ord. 6, 1980 conforming status of lodges or to adopt a lodge preservation ordinance. Kaufman told
E~tending Council unless one approach is in position, the deadline cannot be met. Mayor Edel said
Moratorium he felt the two issues were being confused. Kaufman stated it was the opinion Of the
re: condominilm~i city attorney that a non-conforming use could not be condominiumized, and 50 per cent of
zation of lodges the lodges in town are non-conforming. Kaufman said it was always his understanding that
the elimination of non-conformity and the issue of condominiumization would go together.
Ms. SMith, planning director, told Council the staff has not made a recommendation to
Council; however, they intend to proceed with the two concepts together. Kaufman said it
was his understanding to do the non-conforming ordinance first. Councilwoman Michael
asked that the planning office communicate their recommendation as soon as possible so
that the two are not fractured.
Mayor Edel closed the public hearing. Councilman Behrendt asked if he had a conflict of
interest, city Attorney Stock said he was not in a conflict position. Under the City's
conflict ordinance, the only conflict position would be a legislative action to which
the person voting would receive direct benefit.
Councilwoman Michael moved to read Ordinance #6, Series of 1980; seconded by Councilman
Collins. All in favor, motion carried.
ORDINANCE #6
(Series of 1980)
AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE SUBDIVISION OF
LODGE AND HOTEL UNITS AND THE APPROVAL OF SUBDIVISION EXEMPTIONS FOR
THE PURPOSE OF CONDOMIUMIZATION, TIME SHARING OR THE SPLITTING OF THE
FEE OF SUCH UNITS was read by the city clerk
Councilman Behrendt moved to adopt Ordinance 96, Series of 1980, on second reading;
seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Isaac,
aye; Van Ness, aye; Michael, aye; Behrendt, aye; Mayor Edel, aye. Motion carried.
CITY MANAGER
1. Water Report. Mayor Edel said the Jim Markalunas' report stated the city would have
to have an additional water treatment plant of approximate~ly the same capacity of the
Water depa~hLLent one the City has now so that the old one can be shut down and worked on. This will cost
report a lot of money, Markatunas said his recommendation is to have the additional plant in
Plant operation by 1986, and it will take two years for construction. Markalunas is suggesting
expansion 4,000,000 gallon capacity additional at existing Castle Creek plant. Another 4,000,000
gallon plant is proposed in the gravel pit area to be used only in summer peaking months,
unless the city gets into a lot of snowmaking. Markalunas told Council on the Castle
Creek treatment plant there would not be land acquisition problems. This is the addition~
plant he would go for first. The existing plant is 20 years old and is giving some
problems. It will take 2 to 4 years to get all the necessary approvals.
Finance Director Butterbaugh told Council she is working on a report and analysis of a
new billing system, which ought to give the City a way to pay for the water system. The
report should be ready in March. City Manager Chapman told Council the treatment plant
is just one part of the five year capital program. There may be i'more immediate needs
than this treatment plant.
Markalunas told Council it may take 10 years to get all the necessary components in their
place. Markalunas told Council there are some serious problems with the water system;
however, the city is not at a crisis. Markalunas said his intent of the water report was
to point out where the problems are occurring, and to address the citical problems first.
Councilman ISaac noted the report suggests there might not be adequate water supply for
the developments now underway. Markalunas told Council this is not a problem with the
water plant housing project or Marolt water distribution. There are areas in town with
serious problems and one of the most serious areas is Aspen Grove and Mountain valley.
Markalunas said under the growth management plan, he reviews the projects; Markalunas feel~
if a project can help solve some of the water problems, they should be given extra points.
The city should get the developers to help solve some of the local water problems.
Markalunas said he would not like to see any development east of the Silverking area.
Markalunas told Council he would suggested considering severly restricting some areas unle~
the city can affect the ~ecessary distribution upgrade. Serious problems areas are east
of town and at the Airport Business Center. City Manager Chapman told Council they will
deal with the water capital improvements in conjunction with the water management program.
2. Waste. Water Treatment Plant. City Manager Chapman told Council there was a letter
from the city's water attorneys and a suggested agreement regarding the waste water treat- Wastewater
ment plant and the law suit of the sanitation district and COG regarding who has powers to treatment
do what. Chapman pointed out the city is in the middlen because they get along with the plant
sanitations districts; they have done a good job and are responsive to the city's needs.
Also the city is a member of COG. COG is saying the authority of the sanitiation district
now belongs to municipalities. Chapman said the city needs to have an on going relation-
ship with both and directed the attorneys to prepare an agreement with the sanitation
district. If they are willing to use 208 as a policy to make decisions, the city will
enter into the contract. Chapman told Council the city is not happy with the agreement as
presented and will do some staff work on it and bring it back to Council.
3. Building Department Report. Chapman submitted a status report of the building depart-
ment, that the city will be working with the county building department. It may take Building
longer to get an inspection, but there will be better back up. Mayor Edel said he felt department
the Council needed more choices. Councilman Isaac said he was not in favor of a joint consolidation
city/county building office except for the differences in the city and county codes.
4. Telephone Rate Protest. Chapman told Council the Colorado Municipal League is willing
to participate in this protest and represent the city, if the city is willing to provide
funds to fight the rate increase. Councilman Isaac said he had no problems protesting the Telephone
rate increase but did not a problem giving CMP $.04 per person. Semding some city staff Rate
to Denver is worth more than $.04 per person. Chapman pointed out this is a specialized Protest
field and the city would need to hire specialized persons.
Councilman Behrendt moved to budget four cents per person to protest the Mountain Bell
rate increase; seconded by Mayor Edel. All in favor, with the exception of Councilmembers
Isaac and Collins. Motion carried.
ORDINANCE ~7, SERIES OF 1980 - Water Plant SPA
Jim Reents, housing director, showed Council the various portaions of the property and Ord. 7,1980
their proposed uses. The area and bulk of R/MF were recommended to be placed on the site Water Plant
for the housing. The zoning requirements of P, public, are on the water plant itself and SPA
the rest of the area is identified as open space. The water plant projects consists of
80 rental units. The project is intended to be self-supporting and to funded by general
obligations bonds of the city.
Councilman Behrendt moved to read Ordinance 97, Series of 1980; seconded by Councilman
Isaac. All in favor, motion carried.
ORDINANCE ~7
(Series of 1980)
AN ORDINANCE REZONING THE WATER PLANT SITE ACCORDING TO AN APPROVED
SPECIALLY PLANNED AREA MASTER PLAN FOR THE SITE, THE ELEMENTS OF WHICH
MASTER PLAN WILL CONSITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA LL
AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE
was ready by the city clerk
Councilman Isaac asked if there were any further subdivision approvals. Reents told
Council there is also a request for exemption from subdivision along with the SPA approval
process. Councilwoman Michael asked about the 8040 greenline approval pending the
completion of the landscaping and parking plans. Reents said the landscaping plan has
been completed and will go back to P & Z, whose approval on 8040 goes only to the building
department. Councilman Collins asked about the impact in terms of air pollution, traffic
congestion, etc., that has been asked of other applicants. If this project is going to
be approved, questions regarding fire service, police service, growth, etc., should be
looked at and the Council should have responses back. Reents told Council there was an
evaluation done of the property in terms of environmental impacts; there an environmental
resource maps available. Reents told Council a condition required by P & Z on this
project was restriction of ownership of dogs becuase of the concern on the impact of
wildlife.
Councilman Behrendt moved to adopt Ordinance ~7, Series of 1980; seconded by Councilwoman
Michael. Roll call vote; Councilmembers Collins, aye; Behrendt, aye; Isaac, aye; Michael,
aye; Van Ness, aye; Mayor Edel, aye. Motion carried.
ORDINANCE #8, SERIES OF 1980 - Loans from Retirement Fund " Ord. 8, 1980
City Attorney Stock told Council this ordinance was drafted at the request of the retireme! ~etirement Fund
board regarding loans against the retirement fund. The conditions is that if a persons
terminates, the city is justified to withhold the money.
2831
Regular Meeting Aspen City Council February 11, 1980
COuncilman Behrendt moved to read Ordinance 98, Series of 1980; seconded by Councilwoman
Michael. All in favor, motion carried.
ORDINANCE #8
(Series of 1980)
AN ORIDNANCE AMENDING SECTION 2-3001 OF THE APSEN MUNICIPAL CODE PROVIDING
THAT THE RETIREMENT COMMITTEE MAY REQUIRE A PARTICIPANT IN THE FUND TO
ASSIGN ALL OR PART OF HIS INTEREST IN THE FUND AS SECURITY FOR A PERSONAL
LOAN GRANTED TO A PARTICIPANT UNDER THE PROVISIONS OF SECTION 2-802
was read by the city clerk
Councilman Isaac moved to adopt Ordinance 98, Series of 1980, on first reading; seconded
by Councilwoman Michael. Roll call vote; Councilman Van Ness, aye; Michael, aye; Collins
aye; Isaac, aye; Behrendt, aye; Mayor Edel, aye. Motion carried.
ORDINANCE #9, SERIES OF 1980 - Agreement for Bridge Insepction
Ord. 9, 1980 Councilman Isaac moved to read Ordinance #9, Series of 1980; seconded by Councilman
Agreement with Behrendt. All in favor, motion carried.
S tat e Highway
Department ORDINANCE ~9
RE: Bridge (Series of 1980)
Inspections
AN ORDINANCE RATIFYING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND THE
COLORADO STATE DEPARTMENT OF HIGHWAYS PROVIDING FOR THE INVENTORY,
INSPECTION, AND RATING OF BRIDGES IN THE CITY OF ASPEN AND REQUIRING
THE CITY OF ASPEN TO PROVIDE THE 20% MATCHING FUNDS AND 80% WILL BE FROM
FEDERAL FUNDS was read by the city clerk
Councilman Isaac moved to adopt Ordinance #9, Series of 1980; seconded by Councilman
Behrendt. Roll call vote; Councilmembers Collins, aye; Behrendt, aye; Isaac, aye;
Michael, aye; Van Ness, aye;~Mayor Edel, aye. MOtion carried.
RESOLUTION #6, SERIES OF 1980 Rio Grande Task Force
Reso. 6, 1980 Councilman Collins moved to read Resolution #6, Series of 1980; seconded by Councilman
Creating Behrendt, ~lllin favor, motion carried.
Rio Grande
Task Force RESOLUTION %6
(Series of 1980)
A RESOLUTION ESTABLISHING THE RIO GRANDE PROPERTY TASK FORCE;
DESCRIBING THE COMPOSITION OF THE TASK FORCE, THE TERMS AND
QUALIFICATIONS OF ITS MEMBERS, AND LISTING THE POWERS AND DUTIES OF
THE COMMISSION was read by the city clerk
Councilman Behrendt moved to adopt Resolution %6, Series of 1980; seconded by Councilwomai
Michael.
Councilmembers Isaac and Van Ness both agreed this resolution was unnecessary and were
opposed to it. Councilwoman Michael said she felt there should be a representative from
P & Z and Council and perhaps, the Commissioners. These three should be non-voting
members. Councilman Behrendt suggested someone from the sanitation district should be
on the commission. Councilman Van Ness pointed out the decisions that have to be made
involve millions of dollars, and it is the resposibility of Council to decide what
exactly they want at the Rio Grande property. The responsibility should not be given to
a group of non-elected citizens. A task force is a dangerous way of making decisions.
Mayor Edel said the Council is not prepared to spend the time and energy necessary to
come up with a decision. There are a lot of people in the community that want to help
in the planning process. Councilman Isaac said he felt it would be appropriate to send
this task to the P & Z and give them a chance to do it.
Councilman Behrendt moved to approved Resolution #6, Series of 1980, adding two voting
members from P & Z to the 7 member task force plus two non-voting members of city Council
and altering the quorum from 4 to 5; seconded by Councilwoman Michael.
Councilman Collins stated he also had a problem with this task force making the decisions.
Councilman Collins said he felt citizen task forces come down to popularity contests.
Council decided to wait until Councilman Parry was present.
Councilman Behrendt withdrew his motion.
Councilman Van Ness moved to adjourn at 9:25 p.m.; seconded b~ Councilman Isaac. All in
favor, motion carried.
Kathryn ~ Koch, City Clerk
Regular Meeting Aspen City Council February 25, 1980
JOINT MEETING WITH COUNTY COMMISSIONERS
Mayor Edel called the meeting to order at 4:05 p.m. with Commissioners Child and Kinsley
present; Councilmembers Isaac, Parry, Michael and Behrendt present.