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HomeMy WebLinkAboutminutes.council.19800324JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Kinsley called the meeting to order at 4:06 p.m. with Councilmembers Michael Collins, Isaac, Mayor Pro Tem Behrendt and Commissioner Shild present. Also present City Attorney Stock, County Attorney Stuller, City Manager Chapman, and County Manager Ochs. 1. A-95 Review: 1980 DOE Weatherization Plan. Gene<~Marsh told the Board there is Federal funding of $3,900,000 for the state of Colorado for weatherization of home for low income families who qualify. There is a financial qualification level; not very many people from Pitkin County will qualify. Ms. March said the program has a lot of merit; however, there have been no applications for Pitkin County in 1980. Ms. Marsh said the program should be supported and would hope it would be better utilized in Pitkin County. Mayor Pro Tem Behrendt suggested the comment that the requirements be liberalize~ So that more people could qualify. Commissioner Kinsley moved for favorable comment with Behrendt's suggestion, expanded to give real support to the program; seconded by Mayor Pro Tem Behrendt. All in favor, motion carried. 2. A-95 Review: Mountain Region Emergency Medical Services Development. Pat Dobie told the Board there is $378,000 going to Region 12 EMS. This is the second phase of the basic life support system. The monies allocated here are going toward communications, to purchase beepers, radioes and add training monies. There is $20,000 going to Basalt to purchase an ambulance. Councilwoman Michael moved for favorable comment; seconded by Commissioner Child. All in favor, motion carried. CONTRACT APPROVAL - Colorado West Mental Health Clinic and Ambulance Contracts Mental Health Gene Marsh told the Boards these contracts are basically the same as last year. The Clinic and service hours are lower for the Mental Health Clinic as the staff has to be cut back due Ambulance to finances. They will try to met the same service level with less staff. Councilman Isaac asked if the money had been budgeted. Ms. Marsh answered these contracts are at the level budgeted by both Boards. Councilman Behrendt moved to approve the Colorado West Mental Health Clinic; seconded by Councilwoman Michael. All in favor, motion carried. Councilwoman Michael moved to approve the ambulance contract; seconded by Councilman Isaac. All in favor, motion carried. BUILDING DEPARTMENT/CONSOLIDATED OFFICES George Ochs, countY manager, explained he and the City Manager and building inspector B~lding have been working to develop a consolidated building inspection office. Ochs said with ~ a larger organization, in case of short falls, there will be staff to cover. Ochs Department consolidation pointed out there has been problems in the past finding electrical inspectors; the county building inspector is a qualified electrical inspector. This consolidation would provide an electrical inspector for the entire county. Ochs told the Boards this consolidation would reduce the total number of staff from 8 to 6 employees. As far as the location, the managers felt is would work best in the basement of the Courthouse and move the two county environmental health officers over to City hall. The building depart- ment would all be county employees with the exception of Clayton Meyring. The collection of funds would be improved; they would all be collected at the treasurer's office. Ochs said in conjunction with this consolidation, there could be the creation of a devel- opment coordinator/zoning enforcement officer. The functions would be to assist those coming in with developments, going through P & Zs, Commissioners, Council, etc., and to make sure that the development approved is consistent with the building plans. The person could facilitate developers, particularly in the case of employee housing project. The person could also enforce zoning laws and codes; it would be a policing function. With regard to the fire marshal, the recommendation is to let the building department handle that function° Ochs said that the technical level for fire marshalling is less than that of building inspection. Fred Crowley, county building inspector, can do fire marshalling and will train his staff. If this does not work out to the satisfaction of the City, they can hire a separate fire marshal later. Ochs told the Boards they hope to do the same with the environmental health officers over the next month. As far as the budget, staff has not worked out the exact dollars but it will not cost more to combine the offices. City Manager Chapman said with the present city organization, there is no provision for back up. This consolidation will improve efforts in regards to fire code inspections, and will be insurance against being left without anyone to turn to. The city has been trying to improve operations in this area; the previous fire marshal trained police officers in overcrowding, lock and blocked exits. Chapman said this is an attempt to upgrade the city's efforts. Councilman Isaac said he thought this was a good idea. He stated he would like to see standardization of the codes between the city and county. The city is behind in amending the code as far as energy items. County Finance Officer TOm Oken told the Boards that both offices essentially broke even. In the county, revenues were $121,000 and expenditures were $96,000; in the city $72,000 in revenues and $84,000 in expenditures; however, the city's fee scale was lower at the time. The general feeling is that these are close enough to operate equally and in fact pay for itself. Councilman Isaac asked if 5 inspectors is enough. Fred Crowley said someone should be hired to do zoning enforcement. This position should be located in the building depart- iBuilding dept. ment. Clayton Meyring pointed out if it is a separate office, it would end up having consolidation two inspection departments. The zoning officer should be in the building department and i i responsible to the head of the building department; otherwise there is a possibility of friction between the two departments. Commissioner Kinsley asked if the fire marshalling will happen under this scheme. Crowley said they will draw up a program of inspections and it will probably be done better than in the past. Fire Chief Willard Clapper told the Boards the fire marshal has been responsible to the building department. A big criticism in the past was that the fire marshal was used as part of the building depart- ment instead of letting him do fire marshalling. Clapper said he felt this was a full time job especially if the two departments are consolidating. Commissioner Kinsley said the integration of the departments is persuasive in terms of efficiency. Kinsley said this should be evaluated in 6 months to a year. Commissioner Child said there should be built in control to make sure all the jobs are getting done. City Attorney Stock told the Boards the staff has discussed the impact of this consolida~ tion, and the only impact is one of communications. This will have to be solved and it is not insurmountable; however, it will increase what is already a problem. Councilman Isaac said he did not know if the building department could get their work done and also get the fire inspections done. Ochs said if the fire marshing proves to be handled at a level not satisfactory, he would suggest reviewing this and appointing a fire marshal. Councilwoman Michael moved to direct the staff to write a contract creating consolidation of the city and county building offices as per George Ochs' memo; seconded by Councilman Isaac. George Newell, previous fire marshal, j passed out a proposal regarding a separate fire Need for fire marshal. Commissioner Kinsely asked if this would cost more. City Manager Chapman said m~rshal it would; however, the real issue is not the money but the way the department is organized Chapman said he felt it was dangerous to have only one person able to do the job. Chapman told the Boards he would prefer an organizational mode instead of having one person spending all time on fire marshalling, he would rather have 2, 3, 4 people who have it as their responsibility. George Newell showed Council the numbers of fires since 1973; in 1979 there was a large jump in the number of fires. Newell said the fire marshal spent more than 50 per cent of his time doing building department work. Newell stated fire marshalling is far too complex a job to be done by a number of people. The building department is not able to take the long term approach needed for fire prevention. If the job is spread among 5 people, it will loose in integrity and efficiency. Newell told the Boards under state law, the fire chief is responsible for fire marshalling unless he specifically designates someone. Mayor Pro Tem Behrendt asked what the time allocation was for fire marshalling in the consolidation. Crowley said they plan on 40 hours per week; all the building inspectors are certified, they know the uniform building and fire codes. Councilman Collins asked the managers for a general description of the work the fire marshal does and what they duties are. Councilman Collins said he felt this is a very important job and is a full time job. This is a highly specialized area and demands a full time person. Commissioner Kinsley requested an amendment to the motion that the managers come before the Boards at their last meeting in June at which time they will get a reaotion from Fire Chief Clapper as to whether or not this system is working. The Boards agreed to the amendment. All in favor, motion carried. REQUEST FOR SUBSIDY FOR 1980 CENSUS Brian Stafford requested the city and county subsidize the people conducting the census Funding request by $1.50 per hour. They are proposed to be paid $4 per hour by the Federal government, 1980 Census this will give them $5.50 per hour. Stafford said it is the local government's responsi- bility to make sure the census takers do a thorough job. Stafford said the city's contribution would be $2319. Councilwoman Michael asked where the money would come from. City Manager Chapman said the way the sales tax revenues are coming in, the city can handle $2300. Commissioner Child moved to approve the request for subsidy; seconded by Councilwoman Michael. All in favor, motion carried. Mayor Pro Tem Behrendt asked the Commissioners if they plan on charging for storage for~ the trolley cars at the airport. Commissioner Kinsley said if the trolley cars are in public hands, they probably would not charge for awhile. COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of February 11, 25, 1980; seconded by Councilwoman Michael. All in favor, motion carried. CITIZEN PARTICIPATION ISpace at 1. Dick Moore told Council there will be some vacant space in the Wheeler Opera House !Wheeler Opera and requested office space for the Wheeler Opera House Commission. City Manager ~hapman ~'/House said the Wheeler commissiOn is setting policy on the Wheeler and they will decide.on . requests for space in the Wheeler. Space at WOH 2. Jeff Sachs requested space in the Wheeler for Aspen Foundation for the Arts. Chapman told Sachs to go to the Wheeler commission. Regular Meeting 3. Pip Kline on behalf of Earth Week requested Council for $100 contribution to bring Fund r~quest in speakers and put on workshops. Earth Week Will begin April 19 and will be kicked off EartWeek at the Pitkin Community Center. They had a fund raising dinner at the Little Kitchen. $t00 Councilwoman Michael moved to put this on the agenda; seconded by Councilman Collins. All in favor, motion carried. Mayor Pro Tem Behrendt asked what benefit this was to the taxpayers. Ms. Kline said it is an education week and provides environmental awareness. There will be a different focus each day. Councilman Collins moved that Council recognize Earth Week and adopt a resolution and to direct a contribution of $100; seconded by Councilman Isaac. All in favor, motion carried. 4. Jeff Sachs told Council one of the city buses was laying out an incredible amount of Bus,. exhaust. Sachs had tried to follow the bus to get the number; however, the bus was going cc~plaint over 40 miles an hour. Sachs said he felt that was way too fast for a bus to be going through the city. COUNCILMEMBER COMMENTS 1. Councilman Isaac told Council there is a task force on renewable energy sources and he has been serving on it. One of the tasks is to look at the differences between the city and county building codes. Councilman Isaac asked for any suggestions to help savin< energy in the city or in new building projects. 2. Councilman Isaac noted letters of resignation from the HPC from Lary Groen and Norm HPC Burns. Councilman Isaac asked Chapman for letters of commendation and appreciation, resigD~tion Groen&Burns 3. Councilman Isaac brOught up an advertisement of time sharing and asked when the city passed an ordinance allowing this. City Attorney Stock said there is an ordinance allowi time sharing, and if a piece of property is condominiumized with no increase in density, they can time share without further approval. Since the city adopted the subdivision Timesharing code, one lodge has condominiumized and is now time shared and is legal because of the wording of the subdivision code. The approval of condominiumization for the Tipple Lodge does not allow owner occupancy during the high season. 4. Councilman Collins brought up correspondence from James Moore about the situation at Main and Galena, the pedestrian safety crossing Main street. There was a suggestion Main street to put a sign on Main street cautioning people to slow down. Councilman Collins asked if pedestrian anything has been done. Chapman told Council to put anything in the street requires the. safety approval of the state highway department. Chapman said an alternate would be to hand a banner. Chapman has asked the police chief to do research on the level of enforcement on Main street. Radar enforcement on Main street has been stepped up. 5. Mayor Pro Tem Behrendt said he had seen water trucks washing the street. Mayor Pro Tem Behrendt requested a full bore attempt to clean the streets up. Chapman said the Streets, street department is working on this; however, they have to work around the weather and cleaning the shadows. Councilwoman Michael asked that the Christmas decorations please be taken down. Chapmas reported the parks department took them down today. 6. Mayor Pro Tem Behrendt noted that Captain Clean was not with the city. Mayor Pro Tem Behrendt said the program was very popular and asked Chapman to report at the next meeting what the plans are for this program. 7. Mayor Pro Tem Behrendt asked Council to indicate which persons on the list for Rio Grande Task Force they would like to interview and scheduled them for 9 a.m. Wednesday March 26. Councilwoman Michael moved to place the Aspen Institute on the agenda; seconded by Councilman Isaac. All in favor, motion carried. ASPEN INSTITUTE Councilwoman Michael said she, Councilmembers Isaac and Behrendt, plus city staff met Aspen with R. O. Anderson and McKinley last week in Denver. The Council has had a number of Institute executives sessions in the last two weeks, and it was suggested it was time to get together with Anderson. After the good amount of work the Chamber Ad Hoc Committee has done, it seemed like a good time to get together, and it was. Councilwoman Michael said it was a good meeting and a number of points were agreed upon. There are points that are yet to discuss. Councilwoman Michael moved to direct the city attorney to draft a presentation as well as a proposed ordinance reinstituting the Aspen Institute SPA review, that draft and ordinan( should be before Council April 14th; the ordinance to be used as a basis for taking the Aspen Institute proposal through the city process as required by law; seconded by Councilman Isaac. Mayor Pro Tem Behrendt requested the Joint Press Release of the City of Aspen and the Aspen Institute bs part of the record. March 20, 1980 At the invitation of R. O. Anderson and in an attempt to reach an understanding on the points of disagreement regarding the Aspen Institute's future in Aspen, Michael Behrendt, Tom Isaac and Susan Michael represented the City Council in a meeting with Mr. Anderson on Thursday, March 20 in Denver. The meeting covered the points of concern of both parties and was characterized by a mutual attempt to accommodate these concerns. ~gqular ~get~n9 ~pen_ci~y council March 24, 1980 Mr. Anderson joins the three members of City Council in stating that the parties are optimistic, as a result of the give and take discussion, that an agreement can be reached Aspen which will satisfy the requirements of the City and Institute and, most importantly, Institute will assure the future of the Institute in Aspen. The three members of City Council will present, for full City Council review, the following parameters: 1. There can be a total of 265 bedrooms. There will be a specific level of housing for Institute employees (exclusive of faculty) and that it should be phased in up to a level of 60 per cent. 2. The City will agree to a maximum of 92 rooms for tourist use on a quarterly basis (a total of 8,494 room days per quarter). However, the City would prefer synchronizing the beginning of the Institute's quarterly calendar with the beginning of the Aspen lodging season in December. 3. The entire area would be zoned SPA/Commercial-Conference Center with a deed restric- tion on the environmentally sensitive Castle Creek area and a special agreement regarding the use of the riding ring. 4. The City acknowledges the high quality of the Institute's programs and desires to incorporate something similar to the Institute statement in regard to programming, made in its 12/12/78 preliminary PUD and Subdivision application in any understanding regard- ing this issue. This statement emphasizes the self-containment and day-time conference aspects of the conference center. 5. Mr. Anderson assures that the Aspen Institute will remain in Aspen. 6. An opening of discussions on meething the needs of the Music Associates of Aspen and Physics Institute. The three members of City Council feel that these parameters address the most important concerns of their colleagues on Council and will encourage the full City Council to favorably consider these points of understanding. Mr. Anderson also feels that this plan satisfies the most important concerns of the Institute and would be acceptable to the full Board of the Institute. Mr. Anderson will also encourage approval of these points by the Board of Trustees. R. O. Anderson, Michael Behrendt, Tom Isaac and Susan Michael wish to express their gratitude to the Ad Hoc Committee of the Chamber of Commerce for bringing the process to this point. The long hours put in by the Committee served as an inspiration throughou City Attorney Stock said there is a probabl~ compromise which neets the neets of the city in its planning function as well as the Institute and its future role in the community. Council cannot act to approve a settlement but must act under its rules to adopt ordinances as code provides. Stock said he will present April 14th a resolution to start the SPA planning process, attached with an ordinance containing the proposed compromise. This will then be directed to P & Z for their consideration. P & Z will be directed to return their recommendation to Council. With this time table, Council could have a public hearmng and second reading of the ordinance by their second meeting in June. Stock said he will need a meeting to clear with the Council the language of the proposed ordinance. Council scheduled this Wednesday, April 2 at 5:00 p.m. Stock told Council he would need to discuss with Council some things such as density, employee housing numbers, etc. Councilwoman Michael said the Council should go with the proposed format as no one wants a crash course for this. Si Smith, speaking for the Ad Hoc Committee, congratulated Council and the city staff for the success of the meeting. Smith said this zs an important breakthrough; the committee wishes Council the best. If the committee can help, let us know. Mayor Pro Tem Behrendt said the Council would not be discus~ng this without all the hard work of the committee. Councilman Collins said the change in proposed zoning to SPA/Commercial is quite substantial and before the attorney zs directed to draft an ordinance, there should be response from the planning office and P & Z. Stock said all the property will be zoned SPA/Commercial-Conference Center, there will be a section in the ordinance to identify the property that will be deed restricted as open space and property will be zone open space as a buffer. Council has said there must be a PUD and subdivision proces after this ordinance is adopted. There ms a possibility after all the land is planned for with a master plan for all the property, the land might well be divided. Karen Smith, planning director, told Council this particular wording grew out of a choice of alternatives between dividing the land up into different zones or having a specially planned area with a delineation of land uses within the SPA. The planning office preferr~ d the latter. The planning office will comment on each section of the ordinance at the study session next week. Stock told Council after they review the draft, he will take it to the Institute, who may have some changes. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Crystal Palace Councilman Isaac moved to approve the renewal; seconded by Councilwoman Michael. All in Liquor license favor, motion carried. renewal Crystal Palace APPLICATION FOR THREE-WAY LIQUOR LICENSE - Arthur's Chinese Restaurant 3-Way applicati( Mayor Pro Tem Behrendt opened the public hearing. The applicant requested continuation Arthur's until the next Council meeting due to lack of quorum. Councilman Isaac moved to table the item; seconded by Councilman Collins. All in favor, motion carried. LODGE CONDOMINIUMIZATION DRAFT ORDINANCE Mayor Pro Tem Behrendt gave over the gavel to Councilman Isaac. Councilwoman Michael Condominiumiza~ of lodges moved to read Ordinance %14, Series of 1980; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~14 (Series of 1980) AN ORDINANCE AMENDING SECTION 20~3(s) (2) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, BY REQUIRING SUBDIVISION APPROVAL FOR THE RESUBDIVISION OF A UNIT PREVIOUSLY SUBDIVIDED: AMENDING SECTION 20-9[c) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY DELETING THE PROHIBITION AGAINST SUBDIVISION OF NON-CONFORMING LODGES AND ADOPTING SECTION 20-23 WHICH ALLOWS FOR THE CONDOMINIUMIZATION OF LODGES was read by the city clerk Richard Grice, planning office, told Council the planning office recommended approval of this draft to allow condominiumization of non-conforming lodges. Grice pointed out that Section 20-9(c) states nothing can be condominiumized which has non-conforming elements. Gideon Kaufman told Council this is a two part process - the issues of condo- miniumization and non-conforming. The issue of non-conforming the P & Z wanted more time to consider; however, the non-conforming use section would not apply to condominium- ization of lodges. Grice said the planning office proposed to P & Z they amend 20-9(c) to allow for eondominiumization of any non-conforming uses that were not raw land. A non-conforming lot would continue to be unsubdividable. P & Z wanted to do more study in this regard. P & Z recommended amending the section to allow for the condominiumiza- tion of non-conforming lodges. Kaufman said the only concern he had with the ordinance is that the P & Z wanted the city to have the right to enforce the lien. Councilwoman Michael noted in that section, the ordinance is telling the court how to award, and the city probably cannot do that. Kaufman told Council the P & Z wanted to make sure that people were penalized if they violated the daily rental situation. The P & Z wanted the city to have the right to enforce the lien. Kaufman said he had a problem as to whether the city does have that right. Grice told Council P & Z's concern regarding the lien is if it became the city's job to enforce this, then the city should get the money. Stock told Council this section requires a particular document be created, which is a form of contract between the owner of the entire project at the time of condominiumization and the buyers of the units. These will be certain covenants that run with the property, and will allow the Associati( to enforce requirements upon individual members. This is for the protection of the city. Stock reminded Council they are addressing some way to upgrade lodges. The lodge association recommended being allowed to condominiumization in order to upgrade. Kaufmar said during the moratorium against condominiumization, members of Council, P & Z and the Lodging Association got together to come up with an ordinance that best addressed the concerns of everyone. Stock told Council in this ordinance a resubdivision of a condominium unit to time share unit would require further Council approval. Stock told Council this ordinance as presented is only part of a total ordinance. Kaufm~ told Council this ordinance does three things; adopting an ordinance to deal with condo- miniumization of lodges; 'eliminating a section of code prohibiting the condominiumizatior of lodges; this does not give automatic right to time share without further approval. Grice read to Council the proposed changed in Sections 20-3(s) (2) and 20-9(c). Without the whole ordinance in front of Council, and the moratorium does not run out until April 28, Council decided to wait until their next meeting to adopt this. Councilman Collins moved to table Ordinance %14, Series of 1980; seconded by Councilman Behrendt. All in favor, motion carried. PUBLIC RADIO BOb Klineman, representing Aspen. Center for Public Radio, told Council they are trying to find a location for the KSNO studio, which has been donated to them. Klineman said Public they hoped to place it on the Rio Grande Property. Klineman said they realized there is Radio a lang range planning effort which may not be compatible with the radio station. If request to the city will give Public Radio 90 days notice to move, they will move. Klineman told locate at Council they needed approximately 2,000 square feet. Their transmitter will be located Rio Grande in Snowmass. Mayor Pro Tem Behrendt said he hoped the Rio Grande Task Force will have completed the first portion of its task in 8 months. It seems a massive expenditure to move the building for only a short time. Joe Wells, planning office, showed Council a map of the Rio Grande and told them he had met with the city engineer regarding space on that property. The only space available at the eastern side and it will be totally reworked this summer with fill. This leaves only the existing impound lot. Utilities are extended to the Eagle's building, so they will have to have an extension of 300 feet to this site. Klineman told Council it will be the latter part of the year before they know about the license. Councilwoman Michael noted the County is helping out; she would like the city to help. out too. City Manager Chapman told Council the staff has been stymied for a suitable alternative for the impound lot; the zoning at the current lot runs out in April. Staff is going to P & Z to ask permission to use the Rio Grande lot in the low season. Having an impound lot and using it for fill from North Mill street seems incompatible. City Attorney Stock pointed out the Rio Grande porperty has an adopted SPA plan would would perhaps allow for temporary storage but definitely would not allow for use of this type of facility without modification of that plan. Councilman Collins moved to approve the request provided that acceptable language could be drafted in the agreement to relieve the city from any liability or expense of this; seconded by Cou~cilwcm~nMi~hael. Councilmembers Michael and Collins in favor; Councilman Isaac and Mayor Pro Tem Behrendt opposed. Motion NOT carrie'd. ~ ~=~ Aspen c~y uouncl± March Z4, 1980 PUBLIC HEARING - CITY OF ASPEN SUBDIVISION EXCEPTION/EXEMPTION Aspen Employee Housing No. Mayor Pro Tem Behrendt opened the public hearing. Sunny Vann~ planning office, told ~Subdivision Council the City of Aspen owns a parcel of land on Cemetery Lane and are proposing to exemption subdivide to create two parcels of 20,000 square feet for duplex lots. This land is zoned City of Aspen R-15. This application was presented to P & Z requesting exception from compliance of ~mployee housir~ full subdivision procedures to subdivide the property and also exemption for the purpose No. 1 of condominiumizing those duplex structures. P & Z granted exception in order to subdivid and exemption for the purposes of condominiumization. This is now presented to Council for final plat approval and subdivision exemption. Vann told Council the four units are exempt from the growth management plan; however, they are subject to Council special review because they are employee housing. The city proposes to proceed with special review when the building plans are finalized. Councilman Isaac asked if it has been decided who will do the development, who will be the contractor. City Manager Chapman said this has not been decided. There are things in the air, like financing. There ~s an outline of the concept and how to use the land for employee housing. 1. Maxwell Aley, representing Pitkin County Parks Association, told Council they are concerned because this has been part of the open space related to the golf course. The PCPA made an investigation and are persuaded in 1971, P & Z and Council did set aside this land, possible for development, and designated it R-15. Aley said they are concerned that there be public hearings on what will happen on this land. Particularly they would like a pedestrian easement through that property into the golf course from Cemetery Lane. This pedestrian access could perhaps be part of the same corridor to the Wally Mills' property, if that is worked out. Stock told Council the city is being treated more strictly in that this ~s a public hear- ing even though the Code does not require it. The P & Z requested a public hearing on this. 2. Jeff Sachs noted during the last go around when another property in that area was proposed to be traded, there was a question whether the city has a right to dispose of public property without a vote as required in the Charter. Sachs questioned if it were legal for the city to develop and sell this property, with an option to buy it back, without a vote. Stock told Council the Charter says that no piece of property may be sold or traded which is, "currently ~n use for public purpose". If the property is not currently in use, there does not have to be a vote. The proposal being made from the attorneys, Dawson, Nagel Sherman & Howard, will be that this Council adopt~ ~ a resolution stating this property is not currently in use for purpose purpose. If Council adopts that, they may sell the property without a vote. Stock told Council Dawson, etc., will be advising the Council specifically on the sale, as well as documents they should have as far as option to purchase and right of first refusal. Stock explained the reason for this is that he may end up owning a unit. Dawson will be paid by the four employees that purchase the units. Mayor Pro Tem Behrendt asked the city continue to do everything in public as this is dealing in an area of public trust. People should understand this is being done to try to benefit the city. Stock said Council will have to allow someone to build there, eithe] by lease or sale of deed, which will have to be approved by ordinance. If the property is sold, there will be a resolution of statement that this property is not currently in public use. Resolutions do not require public hearing; however, Council could have a public hearing. Mayor Pro Tem Behrednt closed the public hearing. Councilwoman Michael moved to approve final plat and to exempt the project from the definition of subdivision for the purpose of condominiumization of the duplexes; seconded by Councilman Isaac. Councilwoman Michael amended this motion to direct staff to explore the possibility of an easement. All in favor, motion carried. SUBDIVISION EXEMPTION - Hyman Avenue Subdivision Sunny Vann told Council this ~s a request to condominize the Mason & Morse building exemption which is a commercial use in the CC zone. P & Z recommended approval subject to the HymanAvenue applicant filing a condominiumization plat. (Mason &Morse) Councilman Collins moved to approve the subdivision exemption with P & Z's condition; seconded by Councilman Isaac. All in favor, motion carried. SUBDIVISION EXEMPTION - JHJ Subdivision Exemption Vann told Council this ~s a request for condominiumization for a new office building on J-H-J East Bleeker behind the Hotel Jerome. This has been approved by P & Z subject to the applicant filing a condominiumization plant. Councilman Isaac moved to approve JHJ subdivision exemption with P & Z's condition; seconded by Councilman Collins. All in favor, motion carried. WATER DELIVERY & DITCH MAINTENANCE AGREEMENT Water delivery ~ ~& d~tch agree- John Musick, city's water attorney, told Council this agreement was necessitated by the ~-~ment statement of opposition filed by the Castle Creek Homeowners to the water rights applica- Castle Creek tion filed by the city for the ponds located on the golf course. Musick filed water hcn~=owners rights application for the ponds because the city desired water for the golf course for irrigation; the Holden water right was not decreed for storage. This agreement provides for a realistic method for apportioning the water in the ditch, permitting the city to do what it desires to do to irrigate the golf course and insures the homeowners will receive their 5/10 second foot of water right out of the Holden ditch. The city is to Regular Meeting Aspen ~lsy uounu~x ~.~ ..... , .... deliver the water to a weir, provide for ditch maintenance costs of $75 per year, which i~ an appropriate rate. The primary objection was the city's application on the ponds. The residents objected to the way in which the city cleaned and maintained the ditches. This has been resolved to the benefit of both parties. There are some long term obliga- tions in the agreement, which work to the benefit of all. Councilman Isaac asked if wate~ for the community garden was coming out of this ditch. Musick told Council both the Holden and Marolt ditch come out of Castle Creek, and either ditch can serve the communit~ garden. Both ditches serve the golf course, and the city virtually total owner Of these ditches. This agreement states anything the city does with the water rights up to the weir is the city's business so long as they deliver 5/10 second foot at the weir. Councilwoman Michael moved to approve the water delivery and ditch maintenance agreement between the city of Aspen and Castle Creek subdivision homeowners association that the date of the agreement be changed to 1980; seconded by Councilman Isaac. All in favor, motion carried. Musick brought up a license agreement with the Colorado Water Conservation Board which finally received approval for the attorney for the State of Colorado. This license agree ment carries out the terms of the agreement the CoUncil and Commissioners negotiated with the Water Conservation Board, southeastern district, for Hunter Creek. This agreement says the water Conservation Board may jointly with the City file for transfer of the city' Hunter Creek flume and pipeline water rights and Droste water right to minimum stream flows on Hunter Creek. This was part of the terms on.I.Hunter Creek and something the city wanted. The Water Conservation Board has filed for the transfer of the McDowell water rights. The signed applications for both transfers have been submitted to the city. All but one remaining facet of the agreement negotiated in 1978-79 has been completed, The remaining one is the expenditure of funds. Musick told Council he viewed this as a materialstep forward in the maximum utilization of all waters on Hunter Creek. Councilman Isaac moved to add this to the agenda; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Isaac moved to approve the license agreement for Droste and Hunter Creek flume and pipeline water rights and applications for transfer to minimum stream flow purposes; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~5, SERIES OF 1980 - Emergency Alarm Systems City Attorney Stock told Council this is different from the ordinance adopted on first reading. Stock had distributed a letter from the attorney for PSI with recommended Ord. 5, 1980 changes. City staff met with PSI and their attorneys and adopted amendments. Stock Emergency Alarm outlined the changes. In the definition section, a fire alarm is included as well as Systems police alarm, under protection services, a security patrol is included as a protection service. Under prohibited connections, two are added. These are (c) a system or device which transmits a signal to an unlicensed protection service and which would use a tele- phone line serving the Aspen Police Department. The second prohibition is from an alarm system or device which transmits an audible signal to the general public. Stock told Council in Section 4 under emergency alarm systems permit, it was changed so that you do not need a permit for a local, residential fire alarm, such as First Alert or other home devices. The permit fee was also changed so that there is no longer an exception for installation by a protection agency. The initial fee is $100 with a $25 fee for people with alarms before the effective date of the ordinance. There is an annual fee of $25 per year. Stock said they changed the initial fee because there is a shake down period where the alarm might go off. Under false alarm fee, the first two alarms within 30 days will not be charged a fee. The fee charged has been charged from $32 to $50 because the person required to pay the false alarm fee is no longer the alarm system but now is the owner-occupant of the protected premises. The finance department will do the collection; if this is not paid, PSI has agreed they will turn the alarm off, The reason for the change in false alarm fee is the additional burden on the finanee~,.depart- ment. The increased rate will pay for the additional staff necessary to collect the fee. Ms. Butterbaugh said this fee is very difficult to collect; the present $25 fee does not pay for the cost of the police covering the call and is not very adminstratable nor collectible. Projecting the $50 by the number cf false alarms, half of the fee will support an additional employee to administer this. The remaining portion can be used by the police department to cover their costs. Mayor Pro Tem Behrendt opened the public hearing. Bil Dunaway said this change seems another way the city will get into business of collect- ing fees that they were trying to get out of with this ordinance. Ms. Butterbaugh said the city has an alarm fee ordinance they are not collecting on nor even sending bills out on. This ordinance is because the police department is having an increasing number of alarms and needs a way to cover of the cost of this. Ms. Butterbaugh said they hoped by forcing payment, this will lower the number of false alarms. Chapman said this shoUld provide incentive to install better alarms. Mayor Pro Tem Behrendt pointed out the customer is not being penalized in this. Lennie Oates, representing PSI, told Council in most cases the false alarm is not the fault of the equipment, but is the fault of the person operating the equipment. Oates stated the idea of making the protection agency solely responsible for these actions is what PSI objects to. Oates said it is better for the city to collect if it is worthwhile to the city. Chapman said it is his feeling the company is making the money; they are the ones the city is licensing, and they should be held responsible. It is their equipment and they are making money on it. Ms. Butterbaugh pointed out if the alarm company has to cut off the customer, they no longer have a customer. They will try to keep the false alarms at a minimum and to encourage customers to pay the city bill. Jim McDade told Council that almost 100 per cent of the false alarms, once the system is burned in, are customer error, or telephone company, or power~ failure. aspen cl~y councl± Marc~ 24, 1980 Mayor Pro Tem Behrendt pointed out that PSI has a substantial monopoly and does not understand why the city has the onus of having to collect on this system. Chapman asked Council to table this as he has some reservations about this change and would like to go over the alternatives with staff and with PSI. Oates said the ordinance is well- written and they think highly of it. The only thing it does not contain is a high enough standard for the people in the business. Oates stated a licensee ought to establish its qualifications. Councilman Isaac asked the staff take another look at this, see what is being done in other communits, see what the standards were taken out and bring it back. Councilman Isaac moved to continue the public hearing; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #10, SERIES OF 1980 - Visual Arts Center Lease Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Ord. 10, 1980 Behrendt closed the public hearing. Councilman Isaac moved to read Ordinance #10, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~10 (Series of 1980) AN ORDINANCE RATIFYING A LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN CENTER FOR VISUAL ARTS AND PROVIDING FOR THE LEASE OF THAT CERTAIN PROPERTY COMMONLY KNOWN AS THE HOLY CROSS ELECTRICAL BUILDING was read by the city clerk Councilman Isaac moved to adopt Ordinance #10, Series of 1980, on second reading; seconde by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Isaac, aye; Michael, aye; Mayor Pro Tem Behrendt, aye. Motion carried. CITY MANAGER 1. Aspen Skiing Corporation Donation. City Manager Chapman told Council he had enclosed two letters from Tom Richardson, Aspen Skiing Corporation, offering a donation of $15,000 Rio Grande from the Ski Corp to be used to help prepare the Rio Grande Master Plan. The caveat of Master Plan the donation is that if in the future the city receives any money from development on Aspen Skiing the Rio Grande property, such as the sale of land, $15,000 or more; they city will agree Corp. donation to apply $10,000 of the donation to any potential or future water tap fees for snowmaking on Aspen mountain. Mayor Pro Tem Behrendt asked exactly what is meant~by "development or anything like that" means. Would it preclude the Rio Grande Commisszon from some of their plans, such as 70/30 employee housing projects. Mayor Pro Tem Behrendt said he felt the offer,.was very nice, but' feels t~at it is written so that anything that happens on the Rio Grande will result in a return of the money. Councilman Collins pointed out in the first letter it appears as if the city requested the consideration f~om the Ski Corp, and asked how was it authorized. Mayor Pro Tem Behrendt said Mayor Edel requested help from the Ski Corp. Councilwoman Michael pointed out the Mayor did not have specific authorization but had stated he would not give up and perhaps there was a possibility to get money from outside sources, like the Ski Corp. Councilman Collins said he felt thinks like this should be done at arm's length. Councilman Isaac agreed this puts pressure on the city to approve the tap fee. Council- man Collins said he thought the question was resolved with services in-kind, not a sub- stantial amount. Councilman Collins pointed out in the first letter it states the amount will be credited towards a tap fee; this is locking the city in on a tap fee. There is nothing in either letter which indicates the Ski Corp is not expecting a tap fee. The letter specifically states that $10,000 will be credited. Councilman Collins said he did not feel that is the way the city government should be dealing with any entity. City Manager Chapman told Council he felt more committed by the city's letter to the Ski Corp than by what the ski Corp has said. The city said if they get any development fees the first proposal was that the City would give the money back. The Ski Corp told the Mayor there was not $15,000 in the operating budget; however, there was money in the capital budget if the donation could be tied to a capital project. The capital project was snowmaking on Aspen Mountain. Mayor Edel thought if this was to be a donation, it should be a donation and asked the Ski Corp to change this. The Ski Corp either could not nor would not change this. City Attorney Stock explained to Council there is an agreement approved by Council that would have allowed snowmaking on Aspen mountain. However, the Ski Corp ran into problems at the county level. The agreement stated the city would sell water at a reduced rate and current tap fees. In return, the Ski Corp contacted Spar Consolidated and obtained from them the agreement to sell to the city land for the tank site. The city purchased this at a certain price, and received easements from the Ski Corp. The concept was that the tap fee would be the same as the cost to the city for the site. It turned out the tap fee was much higher, and the Ski Corp told Council all they could give the city was cash. At that time, there was a lot of snow and the negotiations broke down. Councilwoman Michael said the issue here is whether to tie the donation to the tap fees. Council decided to wait until Mayor Edel to return to give him a chance to discuss this. Councilwoman Michael moved to table the issue; seconded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion Carried. Regular Meeting Aspen City Councll March 2. Transportation Office Space - Wheeler Opera House. Chapman told Council they are Space at requesting office space for transportation as they are absolutely cramped and have troubl~ Wheeler operating. Chapman told Council they will take this to the Wheeler Opera House Commission Transportation If no space is available, they will come in with a request to lease outside space, department 3. City Hall Roof replacement Sheree Sonfield told Council there had been plans to rehabilJ tate the entire city hall. The roof replacement was part of those plans. There are City Hall serious leaks into the third floor on the north side and at the skylight. Ms. Sonfield roof has applied for $27,000 grant whiCh is about 50 per cent of the cost of replacing the replac~nent entire roof. The funding may not come through in 1980 but may come through in 1981. Ms. Butterbaugh told Council one of the special projects br0ught~to CounCil was repair of the roof. There was a request for $40,000 to do it at city's costs. Previous city engineer presented an alternative proposal to spend a limited amount to slow down the leaks; however, it was felt it did not make sense to do a partial repair. This looks like an opportunity to get some funding as it was not funded before. Councilman Collins moved to go foward with the grant; seconded by CouncilwOman Michael. Ms. Butterbaugh pointed out this is a 50 per cent matching grant and the Council will nee~ to earmakr $27,000 of sixth penny money. It does not have to be appropriated. If the funds come in in 1981, they can be appropriated at that time. Ms. Sonfield requested a letter of support signed by Mayor Pro Tem Behrendt. CoUncil agreed. All in favor, motion carried. 4. Study Session. Chapman told Council the county would like to have a meeting with Council regarding the law enforcement building. Council set the study session for Wednesday, April 9 at noon. 5. Overhead Wire Request. Chapman included a request from KSNO to temporarily hand an overhead wire fron the northeast corner of the building. This is 1/2 inch diameter cable. It appears Mountain Bell cannot put in telephone lines for awhile, and this is the only way KSNO can get telephone service. The cable will be there about 9 months; Chapman said he asked for a bond or escrow removal money. Mayor Pro Tem Behrendt asked why this could not be undergrounded. City Engineer McArthur explained there is no conduit system under- ground; it is direct buried cable. Councilman Isaac moved to approve this until 1st of January 1981 with the escrow amount of money required to remove the wire; seconded by Councilwoman Michael. All in favor, motion carried. 6. North Mill Street Improvements. City Manager Chapman told Council with this project he wanted to make sure there is a good pUblic relations effort. Chapman presented the map of improvements and the letters that will be sent to the merchants. The engineering N. Mill Street department will publish the maps in the paper and will ha~d out letters and have dates I/~prov~ents of the possible street closures. Mayor Pro Tem Behrendt asked about having the curbs come out into the street so that cars cann park all the way to the corners. City Engineer McArthur answered this system does not lend itself to the storm sewer flow and would push water into the middle of the street. There is also a safety problem with this and a snow removal problem. Mayor Pro Tem asked that this be mentioned to the Design Conference. ORDINANCE #13, SERIES OF 1980 Repealing Section 20-22 (c) and (d) City Attorney Stock told Council this ordinance eliminates the requirements that the property be deed restricted to price guidelines if the property had previously been rented within the price guidelines. The request for the change was the concept this is Ord. 13, 1980 penalizing the good guys and people were moving tenants out or raising the rents in Elimination anticipation of condominiumization. Stock told Council that subdivision code amendments of deed do not have to go to P & Z for their recommendation, and asked if Counci 1 preferred it restriction go to P & Z. Ms. Smith, planning director, agreed the current ordinance has inequitable clause resUlts and requested this be sent to P & Z. Ms. Smith told Council the housing task force is working on a housing program to produce numbers of units recommended to Council. The production rate is 67 units per year, which is double the recommended growth managemen rate. The need is based on an assumption there will only be a certain number of condo- miniumizations per year. Ms. Smith said she is in favor of the P & Z looking at the possible effect of this ordinance on condc~niniumization, Councilwoman Michael said she is fearful that decisions are made and then disappear. Councilman Isaac moved to refer Ordinance 913 to P & Z and the housing task force; seconde by Councilman Collins. All in favOr, with the exception of Councilwoman Michael. Motion carried. Councilman Collins moved to adjourn at 8:45 p.m.; seconded by Councilman Isaac. Ail in favor, motion carried. Kathryn~. Koch, City Clerk