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HomeMy WebLinkAboutminutes.council.19800414 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Kinsley called the meeting to order at 4:07 p.m. with Councilmembers Isaac, Collins, Parry, Behrendt, and Michael, Mayor Edel and Commissioner Child present. Also present City Attorney Stock, City Manager Chapman, County Manager Ochs and County Attorney Stuller. 1. Ruedi Reservoir. John Musick, water attorney, gave the Boards a chronology of events regarding Ruedi reservoir and a status repOrt based upon recent actions of the Colorado Water Conservation Board. The CWCB is seeking to amend S.B. 67 to include a line item Ruedi provision for $10,000,000~to be used to purchase Ruedi reservoir. Musick said he did not reservoir know whether this was for the water rights or the dam site; however, he assumed it was sale of water the dam site and the CWCB was going to step in for'the Bureau of Reclamation, which owns the dam site. This money will be expended during 1981 at which time the approximate cost to buy out the BOR's interest in the dam is $10,000,000. If CWCB buys the dam site, it will leave the water rights in the hands of the river district. Musick said he felt his law firm had done as much as possible in this particular matter and it should be handled by the city and county. Musick said he did not believe it was appropriate for law firms to lobby. Musick suggested the city and county, if they agree the purchase by the state of the reservoir site is a good decision, they should work with senators and representatives and the BOR to insure the money is appropriated and the sale goes through. Musick said the city and county should communicate their specific concerns and recommendations. There are three reasons why the CWCB is seeking to buy the reservoir site; 1) to preserve a reasonable recreational pool, 2) to provide a revenue producing vehicle for the CWCB water project construction fund, 3) transfer the issues concerning RUedi water dispositio~ from the federal to state. Musick told the Boards that the CWCB's construction fund is drying up, and the state in an effort to insure revenue will generate that from the sale of Ruedi water. Councilman Isaac asked if there would be better control over the use of the water if the state owns Ruedi. Musick said he felt so, the state has been cooperative and worked with cities and counties on this. Musick recommended the Boards re-read Resolution 80,12 with six provisions for the sale of water rights out of Ruedi reservoir; it should be the guideline for CWCB, and use it as the basis of support. As long as the CWCB establishes the proper method of sale, proper dollars for Sale and the proper parties before the sale. Musick said he would like to see this resolution read into the house and senate committee reports, that this bill was being passed in full consideration of the City of Aspen/ Pitkin County's resolution 80-12. Councilman Isaac asked for a status report on Hunter Creek. Musick said his firm had contacted all landowners and water users on the Salvation and Red Mountain ditches and have received all but one negative response to cOhtract sales. There is a very limited interest, but they are working on this. The Boards decided to jointly generate letters requesting the conference committee report to include some of the language from Resolution 80-12. Musick reminded the Boards that the present beneficial use of the water sits with the river district and if the river district is not brought in on this, they could move their water rights out of that storage vessel. Councilwoman Michael suggested communicating with Snowmass Village, Basalt and Eagle to see if they are interesting in signing the letter. 2. Environmental Health Department Consolidation. Tom Dunlop, environmental health department, told the Boards he is requesting approval to create a joint city/county health Envirorm~_ntal department, which was outlined in a memorandum. Some of the changes have been initiated Health because of the consolidation of the building departments. Councilman Isaac asked if consolidation they did work in Snowmass Village. Dunlop answered yes. Councilman Isaac asked if the town of Snowmass Village was funding any of this. Dunlop said they are doing food service inspections in restaurants as in the past. Bob Nelson told the Boards the county depart- ment has been funded through the state health department to do state mandated programs in municipalities within the county. The state does not fund municipal departments, and one of the advantages to a combined departments is that the state will have no hesitation to fund 2 positions. City Manager Chapman noted the reason for this is to develop a back up in the health department; the city was a one-person department. Councilwoman Michael moved to approve the consolidation of the city-county health depart- ments; seconded by Commissioner Child. All in favor, motion carried. 3~.i/iAVVNA Contract. Gene Marsh told the Boa~d~ this is the contract of the services Contract provided by the Visiting Nurses Association. There is nothing different than approved Visting Nurses previously and the budget allocations have been made. The county provides $28,000 and Association $8,196 in-kind contribution of re~t and the city provides $20,000. Councilwoman Michael moved to approve the agreement with the Vi~ting Nurses Association; seconded by Councilman Behrendt. All in favor, motion carried. 4. A-95 Review Health Services Agency. Commissioner Kinsley told the Boards he had been a board member of this agency and would move for favorable comment with the qualification that the amount of red tape and paperwork required to comply with HEW guidelines and requirements is such as to reduce their effectiveness in western Colorado; seconded by Councilman Collins. Kinsley said a large portion of the budget of HSA is to coordinate.development of health systems generally and to provide A-95 type functions. HSA gave technical assistance to Pitkin County in working on the nursing home. HSA has developed a health system plan for the westen/slope which is good. Kinsley said HEW created this agency in such a way that it is not as effective as it could be. There is so much paperwork, it can,~t get the job done. Gene MarSh asked if there was much duplication in terms of the service provided by HSA and the state health department. Kinsley said that had not been his experience. Child suggested that a negative statement would give the comment about HEW more effeCt. City Manager Chapman said the philosophy behind HSA is to get local participation in terms of decision making because HEW will go ahead anyway. Councilmembers Behrendt, Michael, Collins, Parry and Commissioner Kinsley in favor, Mayor Edel, Councilman Isaac and Commissioner Child opposed. Motion carried. 5. A-95 Review: Aspen/Pitkin County 701 Planning Grant. Commissioner Kinsley said this review had to be received at COG before the next joint meeting. Councilman Behrendt moved to add this to the agenda; seconded by Councilman Collins. All in favor, motion carried. Councilman Isaac moved for favorable comment; seconded by Councilman Collins. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of March 3, 10, 24, 1980; seconded by CounCilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Isaac moved to approve the accounts payable for March; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION Joe Cooper from Highlands told Council the bus service to Highlands was going to be dis- continued in the next day or so. Cooper said the bus system should have continuity. Bus Service There are riderships to and from Highlands, and there will be no bus service. There is to Highlar~s also the element of safety of people walking along the road at night. Duane Fengel, transportation director, said he felt the service should be continued and can come back to Council with cost and ridership figures for the next two weeks. Fengel told Council the bus goes to Iselin and this would just be an extension to Highlands twice an hour after 6 o'clock. Councilman Behrendt asked for the estimated costs. Fengel said he woul¢ like to have this service go to Highlands during the day and night both; there is no meant of public transportation to Highlands now that the ski buses do not run. Monroe Summers, transportation department, told Council the cost estimate for the run after 6 p.m. is $3.78, for the whole day it would be $9.72. Jim Wentzel, Aspen Highlands Ski Corp, said he would like to see the bus service extended for the whole day. Councilman Behrendt moved to approve a two week trial day and night bus service extension from Moore pool to the Highlands area; seconded by Councilman Collins. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Isaac reported the Wheeler Renovation Committee has selected an architect, William Kessler, from Detroit, after interviewing 5 architects from all over the country. Wheeler- selection of Kessler will be here next week to draw upa contract. Councilman Isaac pointed out that not as much real estate has been sold and the real estate transfer tax is not generating architect as much revenue as hoped. Money has been budgeted to other arts groups. The renovation committee would like Council to put a hold on all funds going out of the RETT, until it is decided how much is needed for the Wheeler. Mayor Edel pointed out from the original ordinance, the first dollars have to go to the Wheeler, and excess monies go to other arts groups. To date $42,000 has been collected from the RETT when it was thought the city would have $120,000. The Council committed $56,000 to other arts groups. Councilman Isaac said the Wheeler Renovation Committee w~ll need architect fees for this year; they do not want all money from the RETT going to other arts groups and not have any for the Wheeler. Councilman Behrendt said this was a good winter in town and the tax receipts are still coming in. Councilman Behrendt asked to put a temporary freeze on the RETT fund, and asked the staff for an update financially. Councilman Isaac said they will be looking for a project manager for the Wheeler. Finance Director Butterbaugh told Council the operational costs of the Wheeler are coming out of the RETT. Mayor Edel said the committee has laid out an expenditure of $250,000 by the end of the year, if they proceed quickly. .Councilman Isaac asked for a freeze for a month to see what the expenditures and revenues are. 2. Councilman Isaac noted a brief about the city joining in a law suit with the county and asked how much this would cost and what it involves. City Attorney Stock said that document is the only investment, stating that the city agrees with the county. The county has been sued and one of the arguments is that the growth management plan is unconstitutional. Stock said the city's brief states this is not true, that the adoption of the growth management plan is a valid exercise of police power. Mayor Edel said the Council should have had an opportunity of reviewing this and agreeing or disagreeing. 3. Councilman ISaac complained about the Ski Corp setting their dates for opening and closing so far ahead. They have no idea what next season will be like. Councilman Isaac encouraged the Ski Corp to be more flexible with their dates. 4. Councilman Collins said last year the Council authorized a survey of the roads in Street the city and asked where the information was. City Engineer McArthur told Council he had survey some copies upstairs. Councilman Collins asked if anything is being done about this. Aspen ~lty ~ouncll April 14, 1980 McArthur told Council they are using this survey to determine which Streets will be over- laid, which are in the worst condition. The overall consensus is that the streets are in fairly good shape. A small portion are in really bad condition. City Manager Chapman said they will be using this survey in the 5 year capital program. ~. 5. Councilwoman Michael pOinted out the city had received letters complaining about pedestrian condition on Main street. A representative from the highway department will Main street be in town May 1, Councilwoman Michael asked if he was coming to talk about this condition ~edestrian Chapman told Council the highway department representative is coming to tell Council what safety the state is prepared to spend money on. The state would like to use this meeting, for making decisions; the staff does have recommendations. The safety council has recommended a report from the chief of Police on steps that could be taken for pedestrian safety. The city has made highway 82 a focal point for the radar program and has advertised that fact. Councilwoman Michael asked for a report from the police department on what kind of patrol has been done on Main street in the past and where the police department is now vis a vis pedestrian problems on Main street. 6. Councilman Behrendt moved the Ski Corp donation be put on the agenda, it was tabled at the last meeting; seconded by Councilwoman Michael. All in favor, motion carried. 7. Councilman Behrendt said he felt the 1980 census is a total failure; it does not seem to be working. About 30 per cent of the people in the Chambers indicated they had been counted. 8. Councilman Behrendt asked for a state appraisal on the safety of Maroon Creek bridge, how long it will last. City Engineer McArthur told Council that bridge is in the county, and they are having all 56 bridges studied by the government. The reports will be in by July to tell what can be expected in the life of the bridges. 9. Councilman Behrendt brought up the advertising on buses, the city did have a program Buses- on this. Councilman Behrendt told Council that the Vail buses have placards for free advertising, advertising major cultural and public affairs, recreation department programs. This is public service a good way to advertise what is happening. This perhaps could be administered through not, es the Chamber. There should be a consistent format. Monroe Summers, transportation department, told Council a contract had just been executed for 18 to 22 signs per bus 17" by 28". The city gets a minimum of one sign per bus with the right to fill up all unused space. Councilman Behrendt asked that the cultural elements be contacted to see if they would like to advertise. transportation 10. Councilman Behrendt said there is a successful program going with the courts for department' - alternate sentencing. Councilman Behrendt asked if the transportation department would prisoners clean contact the judge to see if people that have been sentenced could hand clean the buses as their alternate sentencing. buses 11. Mayor Edel noted some reports that have been received by the city, one on oil shale, and the Colorado Annual Highway Report for 1978. The senate bill on time sharing and condominiumization will be tabled by the legislature. In June the Colorado Municipal League is having its meeting in Snowmass; these are very interesting. CAST is having its meeting at that time. 12. Mayor Edel said the people putting on Earth Week would like Council to proclaim the week of April 20 - 25 Earth Week. Councilman Behrendt moved to make that week Earth Week 1980; seconded by Councilman Van Ness. All in favor, motion carried. APPLICATION FOR 3-WAY LIQuoR LICENSE - Arthur's Chinese Restaurant Liquor License (Councilwoman Michael left Chambers). Mayor Edel said he understood this would not be application discussed until the lease had been presented to Council. Charles Fagan told Council they Arthur'S Chines, were present to get approval of the liquor license documents and that the approval should restaurant be contingent upon working out the lease. Fagan has met with staff and is waiting for comments to finalize the lease. To attempt to avoid the notice problems, this has been left on the agenda in hopes to get this moved down the road administratively. Mayor Edel opened the public hearing. CitY Clerk reported the posting and publication are in order. Charles Fagan told Council this is a Chinese restaurant which has been in operation 3 years. Mayor Edel asked for opponents. Fagan stated the applicant currently owns the premises and is working out a figt and lease back documents with the city so as to avoid the problem of 500 feet from a school. This approval should be contingent upon the details of that agreement. Councilman Isaac asked if the license could be conditione( so that they do not serve liquor during the school hours. Ashley Anderson said this coul( be done in the lease. Fagan stated they may want to serve liquor during lunch. Bil Dunaway said he did not think it was legal for the city to issue a liquor license until the city had acquired the land and issued a lease. Mayor Edel said the Council as a body has voted for this; however, to be consistent he was going to vote against it. Councilman Behrendt moved that based on the evidence presented at the public hearing held April 14, 1980, relating to the application of Arthur's Chinese Restaurant for a three- way liquor license, the city council finds that the needs of the community have not been met, and the license as applied for is hereby granted, contingent upon a satisfactory lease between the city of Aspen and the applicant, being approved by the city council; seconded by Councilman Parry. Councilmembers Behrendt, Isaac, and Parry in favor; Councilmembers Collins, Van Ness and Mayor Edel opposed. Motion NOT carried. Ashley Anderson asked if they could come back with the lease, and have the application tabled. Mayor Edel had not closed the public hearing. Councilman Behrendt moved to continue the public hearing; seconded by Councilman Parry. All in favor, motion carried. Regular Meeting Aspen city ~ouncl± MEN'S/WOMEN'S SOFTBALL FIELD USAGE FEES 1. Gary Prunkin told Council that Ted Armstrong had done an excellent job presenting Softball field the increases to everyone and discussed them all. The general consensus is that the usage fees players would be willing to accept the $350; however, the $50 is a matter of taxpayers moneys in the past paYing for facilities available to the entire community. Now the fee has been levied against these teams, taxation without representation. Councilwoman Michael asked for an explanation of the $50. City Manager Chapman told Council the $50 per team fee is the amount covering the field use fee. This ties back' into the budget hearings last year, and one of the decisions Council made was that recreation fees would have to be increased across the board in order to pay for certain items of maintenance. 2. Don Crouch said in the last four years, the fee for playing softball has increased from $80 to $400. This is an activity that a lot of citizens of Aspen take part in, and they would like to see this subsidized. Lois Butterbaugh, finance director, told Council that the overall parks allocation to the playing fields and areas used for recreation is about $140,000. For specific recreation areas it is about $80,000. A1 Pendorf asked what the total budget is. Ms. Butterbaugh said the general fund is $2,500,000 out of a total $10,000,000 budget. Pendorf said he did not think $80,000 was an awesome sum out of the budget. Mayor Edel pointed out the city has committed $56,000 for the arts groups that they do not have; nor can they work on the Wheeler for $250,000. To say that any amount of money is unimportant is wrong in the light of the pressures on the Council. 3. Jerry Penn said the recreational park maintenance whether the solftballers use the park or not, the city still has to maintain the park. The city has done this for years and the teams have not had to pay for it, it has come out of taxpayers' money. Unorganiz~ sports do not pay to use the parks, so the softballers are subsidizing these people. Jim Holland, parks director, said last year the city did not have a person to maintain the fields. Between parks and recreation departments, they found money to hire a non- approved person. Holland budgeted a person to maintain the ball fields; this was denied. Armstrong is passing this costs to organized sports. 4. Don Ball said if the city is charging organized sports, they should have toll gates at the trails, people playing frisbee in the park should be charged. 5. Mike Vernon pointed out that Aspen is recreation-oriented. The softballers pay for themselves through sales tax. The attract a lot of people. The city has spent a lot of money for employees in town, through transportation and employee housing. They are not willing to spend money to make recreation in general almost free. This increase may force the teams to go elsewhere. 6. Jim Hoppe asked if the city recreation teams are cancelled, will the city still pay for the maintenance of the fields. City Manager Chapman said there is $18,000 for field maintenance in the budget, more or less could be spent whether the teams play or not. The decision is in regards to the quality of the program. Katie Tobie asked if any other organized sport in town pays for maintenanCe of the fields that they use. Chapman said soccer, football and rugby teams are going to pay. Rugby and soccer do ~ot go through the city administration for anything; they run their own leagues Bruce Holly asked if the teams would be assured, with the increased fees, that they will not be sliding into holes, that the sprinklers will not be on when its raining. Is there any guarantee that since they are paying extra money, that the fields will be well maintained. Holland said he would not be getting any more money to maintain the fields than before except for the extra person. Ron Moore said they are disputing the $50 use fee and asked where it was going and will they get any benefits. Chapman said for the increases, the staff tried to make a reasonable adjustment based on the number of people participating, and tried to spread the increase over the entire use of the facility. Ail the programs are being carried financially to some extent, some more than others. The cost of everything, including labor, is going up. Chapman said the staff tried to minimize the impact on everyone, and they tried to make sure they did not price people out of the market. Councilman Parry pointed out this $50 increase break~ down to an additional $.25 per player per game. Mike Tobias said the increase is a problem for some of the teams as the sponsors have withdrawn their sponsorship as a mattez of principle. They feel if there is a 100 per cent increase this year, what will happen next year. What this means is the players will have to come up with the money out of their pockets. Joe Lee asked What the justification is for taxing the softballers again for the maintenance of the fields that other people will be using. Chapman said the City gives prior to organized sports; they try to scheduled ar6und these needs and requirements Councilman Collins said he has problems with the $50 increase, and the Council should consider repealing that increase. Councilman Collins said he felt the solftball program is a good program. This increase will discourage the sponsors, who usually pick up the tab for that fee and this will put the burden of costs on the participants. Councilwoman Michael asked about the other items that make up the $350. Jim Hoppe said they have not agreed as an organization to accept the $350; they will have a meeting to discuss the other items. Councilwoman Michael said the budget process is a stunning process. There is not enough money, and there will be less and less as time goes on. The increase in recreation fees is unpopular, but there was a feeling if this problem is not introduced, it will get worse and worse. The city has a ~roblem and they have to start assessing each program in terms of its costs, field maintenance, use of building, etc. Aspen ul~y ~ouncl£ April 14, 1980 Si Smith said this increase will cause hardships on sponsors. Smith stated he felt there is nothing in this town other than skiing that attracts the number of people and enthusiasm. Smith said he felt this would double taxation. Councilman Behrendt pointed out the proposed recreation budget for 1980 was $182,000 plus and the projected income from the recreation programs was $83,000. This left a deficit of $100,000. The city and people have an incredible investment in the lands. The recreation programs have grown alot over the years, and the city could not bear increased costs and do anything other programs. C~uncilman Parry pointed out the tennis court fees are up, the golf course fees are up, skiing is up. The city has to fund this somehow. Councilman Van Ness said at budget hearings it was agreed that to a certain extent the allocation for field use was an arbitrary number, whether softball was going on or not. Councilman Van Ness said he felt the city should subsidize recreation; the city subsidizes arts, gardeners, transportation, etc. It benefits the community to have a good recreation program. Councilman Van Ness stated he has been opposed to this all along. Councilman Isaac said the city will still be subsidizing recreation; there will be tax money going into recreation. .The council's idea is to try and make as many programs self-supporting as possible, and not to support any other programs. The fees are going up; all costs are going up. Willard Clapper told Council that the problem is well beyond money; it is one of quality. Clapper stated nobody minds paying the price if they get something worthwhile. Clapper said he and many people have been battling to get good fields; Clapper said the city's field border on being crap. The city has to look at doing something about the quality of the fields. Council and staff agreed the fields are the pits. Clapper stated the upgrading of the softball fields is definitely a commitment to the labor force in this town. Chapman said the problem is that the fields are overplayed. One cannot do what is done to the city's fields and expect them to be in shape. The answer is more facilitie Parks and Recreations directors are to give long-range projection for additional facilitie This program will probably take a bond issue to get the program implemented. Councilwoman Michael pointed out there will be a meeting to discuss the first three months sales tax collections and to look at the budget. This $50 field usage fee could be looke~ at along with all other budget requests at that time. Councilman Behrendt suggested the softball league discuss the other $350 budget and come back to Council. . <~ ,~ Councilman Van Ness moved to rescind the field usage fees for all city parks and fields; seconded by Councilman Collins. Drake Jacobs told Council the softballers are looking for more ways to getting more money for instance, setting up a franchise around Wagner park to sell food and raise money. Councilmembers Collins and Van Ness in favor; Councilmembers Parry, Michael, Isaac, Behrendt, Mayor Edel opposed. Motion NOT carried. BOARDS AND COMMISSION APPOINTMENTS Rio Grande Task 1. Rio Grande Task Force. Councilman Isaac moved to nominate Rick Ferrell, Bill Kane, Force:Ferrell, John McBride, Janet Landry, Remo Lavagnino, Fritz Benedict, Fred Smith, fro~ P & Z Kane, McBride, Perry Harvey and Joan Klar, from Council Susan Michael and Michael Behrendt, seconded by Landry, Lavagni~ Councilman Van Ness. All in favor, with the exception of COuncilman Collins. Motion Benedict & carried. 2. Board of Adjustment, Councilman Behrendt moved to reappoint Remo Lavagnino and Bd. of ~just. Josephine Mann; seconded by Councilman Collins. All in favor, motion carried. Lavagnino & Mann 3~ Board of Appeals and Examiners. Councilman Behrendt moved to nominate Don Westerlind Bd. Appeals and Eugene Bishop for ~eappointment; seconded by Councilman Isaac. All in favor, motion Westerline & carried. Bishop 4. Historic Preservation Commission. Councilman Behrendt moved to nominate Richard HPC: Cicero, Cicero, Georgeann Waggaman, and William Clark for regular members for the HPC and as Waggaman, Clark alternates Florence Glidden and Majorie Brenner; seconded by Councilman Isaac. All in Glidden& Brenn, favor, motion carried. as alt. 5. Clean Air Advisory Board. Councilman Behrendt moved to nominate Steve Goldsmith; CAAB: Goldsmith seconded by Councilman Parry. All in favor, motion carried. RIO GRANDE AREA PLAN - Aspen Skiing Corporation Donation Rio GrandeArea M~yor Edel said he had thought when Council had the initial meeting ~is a vis the Rio Aspen Skiing Grande master plan and the monies attendent to, $45,000 was requested to do the plan and Corp doD~tion the city could only come up with $15,000. Mayor Edel said he thouqht he had told Council he was going to try to get mOnies from outside businesses and in pirticular the Ski Corp. Mayor Edel stated what happens at the Rio Grande is one of the most important things that can happen in Aspen in the next-few years. It is vital to do a good job of exploring and planning the property. The inference that was drawn implying some alignment between the City and Ski Corp was unfair and inappropriate. The Ski Corp wanted to attached this, if possible, to snowmaking on Aspen mountain. The $5,000 was not to be repaid and the $10,000 only to be repaid if they did snowmaking. Mayor Edel said it is important to note this was a good gesture. Councilman Van Ness said he is opposed to this as people will expect extra favors from Council because they have made a contribution. Councilman Van Ness said the Council could get nailed on this. The city should finance itself out of tax monies. Councilwoman Michael said she would like to pursue the $5,000. The Ski Corp di~ give money to the Regular Meeting Aspen ulty uounc~± county to start a bus service. Councilwoman Michael said she would prefer not to pursue the $10,000 because of the appearance of it. Councilman Parry said he wanted to go for the whole $15,000. If the city cannot fund this planning, they will not get off the ground with the Rio Grande property. Mayor Edel said the attitude of Council working wit] businesses he finds very positive and the City should take the $15,000. Councilman Behrendt moved to gracefully accept the $5,000 gift from the Ski Corp for work on the Rio Grande master plan; seconded by Councilwoman Michael. Mayor Edel, Councilmemb~ rs Michael, Behrendt, and Parry in favor; Councilmembers Collins, Isaac and Van Ness opposedi Motion carried. RESOLUTION ~11, SERIES OF 1980 - Aspen Institute Reso. 11, 1980 City Attorney Stock gave Council a fifth draft of the SPA ordinance with the changes Aspen highlighted from the Ordinance ~40, 1979. This resolution states that Council initiate Institute the process and send the attached ordinance to the P & Z. This ordinance is not to be voted upon this evening. Mayor Edel said he is in favor of the resolution; however, he has many problems with the ordinance. Stock told Council he has given a copy of this ordinance to the Institute's attorney and has received changes. Three of the modificatioz were grammatical. Stock requested the Council on the three changes, they consider this ordinance as being a fluid document, recognizing in the process before P & Z the ordinanc~ will be amended. Stock told Council they have not had specific language on the definitio~ of conservation area. Section 6 has language which tracks a particular line, saying any land laying in the Castle Creek valley and below 7800 feet is the conservation area. Stock presented a map showing that line. The proposed modification from the Institute is requeSting the possibility of placing tennis courts in the Castle Creek area. Their concern is that all their facilities may not fit up on the bluff. By saying no tennis courts in this area may have created a priority between this space and the riding rink. The 7800 line would still allow for some construction to occur on the lip of the area. Nick McGrath questioned in sending this ordinance to P & Z if they will have the impressi( Council has substantively approved something or not. McGrath questioned if the approval of this without a map will give sufficient notice of what approval is being granted. McGrath stated his clients are concerned about the riding rink and want it as open space possible. This can be postponted to the PUD stage; however, will the Institute, if agreement is not achieved at the PUD stage, rely or indicate reliance in a law suit on this approval. McGrath said he felt there was a problem with being silent about reliance and suggest some wording about reliance is added to the ordinance. Stock told Council during the process the P & Z will review the ordinance and make recom- mendations and modifications. Councilman Collins said he finds that the 1980 ordinance makes considerable concessions to the applicant compared to Ordinance ~40, 1979, which was defeated 6 to 1 by Council last year. Councilman Collins asked what the city gained in the new ordinances. Stock said he felt there have been considerations granted on both sides, that this is not a one-sided document. A major concession from the Institute is Council's concern about what type of programs take place at the Institute. There are some conferences that meet from 7:30 to 9 in the morning and from 4 to 6 in the evening, which does not rely on daytime activities and is an excuse for people to go skiing. The City asked that language be included; the Institute added language saying they will have and design their programs to cater essentially to the corporate, the association and educational institutions market for the intensive educational ~r training session whose programs primarily require daytime use of the facilities. Mayor Edel asked if 7 to 9 and 4 to 6 weren't daytime. Stock answered the language says p ~marily daytime", and if the Institute runs that kind of program, they are not being consistent with the ordinance. Stock said he felt the language adequately protects the city. Stock pointed out there has been a concession on the retail facilities and limitin¢ those so that this entity does not become a separate trade center, an area that would pul~ the public to the site for retail purposes. Stock said there is a major concession in agreeing to a limitation on tourist use. In the past, the Institute would not agree to any limitation whatsoever. Stock told COuncil the Institute has said they will house 60 per cent of their staff. They have always in the past said they would build 19 units. The agreement to construct sufficient housing to house 60 per cent of their operational staff is a concession. Also their agreement as to how that employee housing woUld be used is a concession. They wanted a proposal that if they did not have employees there because no one wanted to stay, they would put faculty there. This ordinance says they cannot. As to the conserva~ tion area, they Institute has indicated that certain areas should not be constructed upon. The city has never had a clear definition of what construction meant; that it meant no tennis courts in the Castle Creek Valley. The Institute has given a concession on that; they are now granting and willing to give a covenant. The Institute has now agreed to providing and having Council's approval of a phasing process. Stock told Council there are some small and some large concessions on their part. The city's major concession is going from 227 to 265. Councilman Isaac moved to ~ead Resolution #11, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. RESOLUTION #11 (Series of 1980) A RESOLUTION INITIATING PROCEEDINGS TO CONSIDER THE ADOPTION OF A PRECISE SPA PLAN FOR THE ASPEN INSTITUTE PROPERTY WHEREAS, on March 24, 1980, the Aspen City Council agreed to consider a precise SPA plan for the Aspen Institute's property, and WHEREAS, a precise plan must" . be considered and approved pursuant to the application, notice and hearing requirements of ArtiCle XI" of Chapter 24 of the Municipal Code of the City of Aspen, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF APSEN, COLORADO: Section 1 That reveiw of the Aspen Institute's SPA precise plan shall be initiated immediately and undertaken with due diligence and utmost good faith. Section 2 That the proposed ordinance attached hereto and made a part hereof by reference be submitted to the Planning and Zoning Commission for its considera- tion and recommendations Section 3 That the Planning and Zoning Commission hold a pUblic hearing on the ordinance pursuant to ArtiCle XI of Chapter 24 of the Municipal Code of the City of Aspen after the required fifteen days' notice. Aspen Institute Section 4 That the Planning and Zoning Commission return its recommendations to the City Council no later than May 21, 1980. Section 5 That the Aspen Institute be encouraged to resubmit its conceptual subdivision and PUD presentations at its earliest convenience Mayor Edel asked if this resolution could be worded so that the Council await an ordinance from P & Z. Mayor Edel stated he had many problems with the ordinance. Stock said he could vote no on this resolution. This resolution and attached ordinance are to avoid the requirement that the Aspen Institute submit any further documentation in order to have a proposal to consider. If Council sends nothing to P & Z, they have nothing to deal with other than what was submitted last summer. Council is dealing with this ordinance as though it were an application and sending it to P & Z. Councilman Behrendt pointed out the main thrust, the city's agreement with the Institute, is in the ordinance. Some Councilmembers told the Institute they would put this agreement in writing and would vote on it. Stock is trying to find a way for this to occur so that the city's interests are protected. Councilman Behrendt said he felt the Council had made a commitment, and this is the formalization of that commitment. Stock agreed and stated something has to be given to P & Z for their consideration. Councilman Collins said he felt this ordinance is very soft. Councilman Collins read a memorandum from Stock to Council of two weeks ago, "The Aspen Institute is very dis- couraged because of the economic conditions within the country. At one time they believed they could develop the Institute property on their own. Now, they feel that their opportunity has been lost and that they will not be able to develop the property even with a developer unless the city is really interested in helping by creating a flexible document." Councilman Collins said it was a flexible document which got the city in its present situation with an SPA overlay on the Institute property to give them as much latitude as possible. Councilman Collins pointed out this new document there are a number of "principle uses", the adjective principle opening up questions later on as to intent. Councilman Collins said the number of units have been increased from 227 to 265; the total buildout of the development has gone from 220,000 square feet to 265,000 square feet. In this new ordinance, it appears that the benefit of the doubt in every case leans towards the applicant. Councilman Collins said in the present suit, there is occasion for the doctrine of reliance. If Council recommends this particular ordinance as drafted to go to P & Z, there could be a good case of the applicant relying on this as another action of good faith on the part of Council to move forward. Councilman Collins summarize the present ordinance is much worse from the city's standpoint than the one denied last year. Councilman Parry moved to approve Resolution #11, Series of 1980; seconded by Councilman Isaac. Councilman Behrendt said this document is flexible only provided one can get approval. Councilman Behrendt said he felt SPA was a prohibitively expensive zoning requirement. Councilman Behrendt asked Council if they wanted this ulcer to go for 8 more years or to try and settle it now; Councilman Behrendt said he would like to settle this. Councilman Van Ness stated the laws of Aspen, specifically the growth management plan, which prohibits the construction of hotel rooms and lodging except under the quota which allows 18 per year. This is waiving a magic wand and saying the growth management system does not apply to the Institute. Councilman Van Ness said he did not feel there is enough distinction in this plan, calling themselves a commercial conference center. Councilman Van Ness said logically and rationally he could not vote for this. Councilwoman Michael said what people do with their towns and communities is not necessarily based on logic. Councilwoman Michael said she was not sure what is being worked on with the Institute can be logical because of the relationship of the town with this organism. Councilmembers Michael, Behrendt, Isaac, and Parry in favor, Councilmembers Collins, Van Ness and Mayor Edel opposed. Motion carried. FINAL PLAT - Astor Subdivision - final plat (Councilman Isaac stepped down), Gideon Kaufman reminded Council they have seen this Astor application at rezoning and subdivision. This is approval of the final plat, which the (3 ~ployee planning office and P & Z have recommended approval. housing units) Councilman Behrendt moved to approve; seconded by Councilwoman Michael. Lou Buettner, engineering department, told Council this should be subject to meeting the engineering conditions outlined earlier, not all of'which have been met.. Kaufman said he had not problems meeting these. Councilman Behrendt amended his motion to include these conditior seconded by Councilwoman Michael. Councilman Collins brought up the city attorney's report concerning rebuilding units. Stock said if someone has an existing units and agrees to deed restrict it, that is the destruction of a unit considered within the growth management plan and allows the party to rebuild. The benefit is that it gets the city employee housing. Stock said there was some criticism from P & Z to his approach and he is asking Council to make a determina tion. If they agree with his interpretation, this project will go forward. If Council does not agree, it is improper to allow for a subdivision because they have no right to construct on it. Stock said he felt Council should approve this and if Ms. Astor is going to deed restrict 3 units, She can build two new free market units. Stock said if Council approves this, they would be creating an approach that anywhere in town where someone already has a free market structure and lots of land, they could get a subdivision deed restrict the existing units in order to have the right to build the same number or smaller number of free market units. Kaufman told Council the application has 4 free market units no'and will end up with 3 free market units. All in favor, motion carried. TRAIL EASEMENT - Aspen EmplOyee Housing Lou Buettner, engineering department, reminded Council at their last meeting they passed Easement - Trail the subdivision exemption for this property and requested that the staff look into a Aspen ~loyee trail easement. Buettner looked into this and reported to Council any trail through the housing No. 1 land will put people right in the middle of the fairway. The property is only 217 feet from~the parks building. The planning office has no trail there on their master plan. The recreation department would not like access to the golf course there; they would have to hire people to patrol the golf course. Councilman Isaac moved for no trail easement through the property; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE 95, 'SERIES OF 1980 - Emergency Alarm Systems City Attorney Stock reported the final details have not been worked out between the staff and the alarm systems people. Ord. 5, 1980 ~ergency Councilman Behrendt moved to continue the public hearing to May 12, 1980; seconded by Alarm system Councilman Van Ness. All in favor, motion carried. ORDINANCE 911, SERIES OF 1980 - Celia Marolt Annexation and Rezoning Ord. 11, 1980 Mayor Edel opened the public hearing. Buettner told Council this annexation does not Celia Marolt depend upon Opal Marolt annexation for contiguity. However, there was some confusion and Annexation the applicant's attorney requested continuation. Councilman Isaac moved to continue the public hearing to April 28, 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE 912, SERIES OF 1980 - Rezoning Little Annie and Conceptual Subdivision and PUD Councilman Parry moved to read Ordinance 912, Series of 1980; seconded by Councilman Van Ord. 12, 1980 Ness. All in favor, motion carried. Little Annie ORDINANCE 912 rezoning (Series of 1980) AN ORDINANCE REZONING PROPERTY WITHIN THE CITY OF ASPEN MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO FOR THE PURPOSE OF AND CONDITIONED UPON THE CONSTRUCTION OF A SKI AREA WITH A BASE LIFT FACILITY ON THE SITE REZONED was read by the city clerk Joe Wells, planning office, told Council they are considering a rezoning request for two different zone categories necessary to beging to process applications. The Council is also considering conceptual PUD and subdivision. After this, there are several steps remaining in the process; preliminary PUD and subdivision, conditional use application. Wells noted it has been presumed preliminary will be filed and processed with all other information required through site specific agreement. There is a separate set of consul- tants addressing the question outlined by COuncil. These will address transportation, parking and circulation on Ute avenue issues which were key to P & Z. Wells told Council the applicant has acknowledged that because of the complex levels of this application, that reliance cannot be garnered through conceptual level approval. Mayor Edel asked that if at some future date if they find the transportation is inappropriate, they can amend their actions. Wells answered yes. Mayor Edel opened the public hearing. Councilman Isaac asked if Council needed to know how much of this area is open space. Wells pointed out this ordinance omits the referenc~ to mandatory PUD, and RR/PUD and R-6/PUD was requested. Councilman Parry moved to adopt Ordinance 912, Series of 1980, as amended; seconded by Councilman Behrendt. Wells requested Council, in their approval of the conceptual subdivision and PUD, is to instruct him as to the areas of concern they have, such as outlined in P & Z's resolution. Bill Kane, Sno'engineering, presented maps of the area and stated on the behalf of the Farneys and Little Annie's they plan to restriCt the use of the facilities to skiers. What is proposed is a ski facility with a 4500 capacity in the first phase serviced by 19,000 foot gondola servicing six lifts'~ There is a proposed base terminal of 20,000 square foot footprint servicing 2200 skiers per hour with a 2 hour load time. The trans- portation proposal is to run two separate bus routes; one a high volume shortfall line from the lodging district to the base of the mountain. They will have 9 buses with an operating fleet of 7. They Nave discussed this with the city transportation department for purposes of budget estimates. Councilman Isaac asked who~guld pay for widening ute avenue. Kane told Council that has not been resolved, but will'bave to be resolved at preliminary plat level. Wells told Council in their approval of conditional subdivision highlighting as specifically as possible the areas of conoern. Kane said the other transportation would be from Rubey park, and providing drop off and delivery through the bus dro~off transportation building. Kane told Counc~il P & Z had raised a parking issue in that the proposal for employee . units had 67 units and the parking was deficient for the number of bedrooms proposed. Now there are 105 bedrooms and 134 parking spaces. Basically the parking is consistent with the zoning code. Councilman Isaac asked if the density were consistent with R-6/PUD. Little Annie Wells told Council Little Annie anticipates being able to take advantage of whatever rezoning overlay is adopted. LA has amended the amount of land to be included in the R-6 request to make sure it is consistent. Councilman Behrendt said that Ute and Original streets will both have to be upgraded. Councilman Behrendt asked if these roads could handle the flow. Kane said there is adequate right-of-way on Ute right now to improve the paved radius. Dave Farney told Council, in their proposal is a parking attendant to tell people there is no parking at the area, except by permit. Ute avenue should not be a parking lot; when there are no cars on it, it is wide enough. Dan McArthur told Council during preliminary plat all the design standards are addressed. Farney said they are trying to design the area so that people can walk to it, take available transportation or lodge limos. Kane told Council the employee housing units will be available within the rental price guidelines and there will be a covenant against future condominiumization. Of the 7.6 acres on both sides of the street, 4.2 acres will be described as open space. Joe Wells told Council he had received several letters regarding this application, one from Charles Paterson, living in the Calderwood subdivision, generally supporting the application. One from Fonda Paterson conditionally supporting the application but raising questions about the impact on Calderwood from day skier parking, improvement of trails, access. There is a letter from First National Bank people in suppor~ of the application speaking to the commercial benefits. Mayor Edel presented a let{er from Ken Moore backing the same issue. Wells gave a letter from Fritz Benedict pointing out the continued delays relating to the costs. Mayor Edel said there is a letter from residents of Ute avenue objecting to the impacts on Ute avenue. Councilman Collins asked why Council is looking at this ordinance now. Wells told Council the city attorney had taken the position that until the land was appropriately zoned, the application could not be processed. Councilman Collins said he was looking at the question of reliance again. Stock told Council when the city entered into the site specific agreement, they asked how the Forest Service would like the city's input into the consideration. The Forest Service had said they wanted the city to give every approval necessary from the city prior to their issuance of the final environmental impact report. The city then identified what approvals were needed, rezoning, PUD approval, etc., were listed in order and told Little Annie's to take them one at a time. The site specific agreement identifies this is the first step along a process which will take at least a year. Stock told Council the site specific agreement addresses the question of reliance such that as they went through the process, the approval at one stage did not give them reliance to assume approval at the next stage. Garfield said he had no problems. Councilman Behrendt moved to adopt Ordinance #12, Series of 1980, as amended with PUD designation; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Isaac, nay; Collins, nay; Van Ness, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. Joe Wells told Council that P & Z's recommendation regarding conceptual subdivision and PUD is that any approval be conditioned upon P & Z's concerns of transportation impacts, circulation on Ute avenue, assurance be given that existing neighborhoods will not be disrupted by day skiers, employee housing and parking all as discussed in P & Z's resolution 80-3. There is a recommendation that employee housing be deed restricted to rental only. Ski area consultants are working on employees generated, etc. There are some engineering comments to be addressed prior to preliminary action. At the last stage, the planning office told P & Z to limit themselves to discussion of the appropriateness of the uses on the site. P & Z did not try to address other land uses as Council has never asked them to do that. Wells said he would like Council to direct P & Z to look at these land use questions. Councilman Behrendt moved to grant conceptual subdivision and PUD approval to Little Annie incorporating P & Z's considerations and conditions in Resolution 80-3; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Isaac and Collins. Motion carried. Councilman Isaac moved to charge P & Z to examine and make recommendations on the whole host of land use matters outlined in the site specific agreement; seconded by Councilman Parry. All in favor, motion carried. CITY MANAGER 1. Appointment of Youth Council. City Manager Chapman said there are a number of people in the community working to try to develop a voice for the teen-age element of the Appointment of community. They are feeling frustrated because they run into obstacles because they are Youth Council not an official group. They are asking the city to recognize a youth council and to appoint officially a youth council to be advisory to the city. Councilwoman Michael said she would like to support this; this is a group of people who know what questions to ask. Councilman Isaac asked if the city were participating in providing space. Margaret Albouy told Council they have met with the Wheeler Commission on the possibility of space in the Wheeler. was a idea, and the commission should Councilman Behrendt said he thought this terrific get one or two members of Council to be included in the meetings. Councilmembers Parry, Behrendt, and Collins all volunteered. Councilman Behrendt moved to approve the request that Council endorse and support and work with the youth council, participate ~n quest for space for a facility catering to the youth, open discussions with business people about serving youth, and clerical support for the new youth council; seconded by Councilwoman Michael. All in favor, motion carried. ...... geqJ~]+ar ~9~Dg As~_ City .~0~1 Aprl£ £4, Councilman Behrendt moved to appoint as Youth Council Christie Kienast, Margaret Albouy, Pal Marvin, Peter Dahl, Sid Baxter and Phoebe Ryerson; seconded by Councilman Collins. All in favor, motion carried. 2. Do Not Tow Policy. City Manager Chapman told Council he had found out that the police department had been honoring every request that came in for people not to tow Tow policy cars. Chapman suggested chaing the policy so that the only do not tow requests that are honored are illness or mechanical failure and these will only be honored for 12 hours. During that time people will have to make arrangements to get their cars moved. Chapman stated anyone that planned to be gone for prolonged periods of time could contact the police department who will permit them to park in the impound lot on a space available basis for a fee. .Councilman Behrendt moved to endorse and support this Policy; seconded by Councilman Isaa~ Councilman Van Ness stated this is putting people into an impossible situation. What if there is no space in the impound lot; what are they supposed to do about their cars. All in favor, with the exception of Councilmembers Collins and Van Ness. Motion carried. 3. Water Plant Housing Report. Chapman told Council last Friday, the city was about to confirm with Boise Cascade they could arrange financing for the water plant housing at Water Plant 9-1/2 for 30 years, amortization 10 year balloon and 2-1/2 points at closing. On the Housing advise of the city's underwriter, the Council should adopt an inducement resolUtion to Report begin negotiating with this group and work towards permanent financing. Chapman stated there is a drawback, it is the opinion of the city's bond attorneys if the city first issues revenue bonds, they will not be able to use g.o. bonds voted upon in February 1980 at a later date to refinance. Jim Reents, housing director, told Council after the investors receive the inducement resolution, they will be able to get a commitment of fun~ within 3 weeks. Councilman Parry said the city has got to continue to move. This has been delayed one year and put the city in this position. Councilman Parry moved to read Resolution ~12, Series of 1980; seconded by Councilwoman Michael. Councilman Van Ness asked if this would increase the rents up 10 or 12 per cent. Reents told Council in terms of a total interest rate, this would be 10-3/4 per cent cap and translated to the rental rates these would be $290 for studio to $765 for a 3 bedroom unit~ These rents are withing the price guidelines for the community. All in favor, with the exception of Councilman Behrendt. Motion carried. Reso. 12, 1980 Bond issuance RESOLUTION ~12 for housing (Series of 1980) A RESOLUTION AUTHORIZING THE ISSUANCE OF MUNICIPAL REVENUE BONDS TO FINANCE THE CONSTRUCTION OF LOW AND MODERATE INCOME HOUSING IN THE CITY OF ASPEN, COLORADO WHEREAS, the City of Aspen, Colorado, was authorized by the electorate on February 26, 1980~ to issue general obligation bonds for the purpose of construct- ing low and moderate income housing in the City; and WHEREAS, we are advised by our bond underwriter that the conditions currently applicable to the municipal bond market make it temporarily impossible to sell the bonds as authorized; and WHEREAS, investors represted by Edward Lucero ("Purchaser") have indicated their willingness to purchase Four Million Dollars ($4,000,000) in municipal revenue bonds to allow for the immediate construction of said law and moderate income housing at terms which will enable the City to call said revenue bonds at such future time as the general obligation bond market improves allowing for the issuance of the voter approved municipal bonds, and WHEREAS, it is determined necessary and advisable for the promotion of the public health, welfare, safety, convenience and prosperity of the citizens of the City that the City issue its bonds for the purpose of financing the cost of acquisition and construction of low and moderate income residential facilities, an WHEREAS, the City deems it necessary and advisable to authorize the taking of such further steps by its officials and employees as may from time to time be required and necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The issuance of revenue bonds by the City to finance the acquisition and Construction of low and moderate income residential facilities will serve the purposes of promoting the public health, welfare, safety, convenience and prosperity of the people of the city. Section 2 It is hereby authorized to be issued and the City Council hereby determines to issue and sell its revenue bonds in an aggregate principal amount not to exceed Four Million Dollars ($4,000,000), the proceeds of which will be used to acquire and construct low and moderate income residential facilities. Bonds so issued will be on terms which are mutually agreeable to the City and said purchasers. Section 3 The officials and employees of the City be, and hereby are, authorized to take such steps as may be required and necessary in order to cause the City to issue revenue bonds in accordance with and subject to Section 2 herein was read by the city clerk. Councilman Parry moved to adopt Resolution #12, Series'of 1980; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Behrendt and Collins. Motion carried. Chapman told Council he expected the architectural work to be 100 per cent complete withi~ a week. After that, they will get a final top set estima%e and have six weeks to begin construction. Mayor Edel requested a financial break down of all costs committed to this date. 4. Impound Lot. Chapman told Council the staff is looking for an alternate impound lot site. They went to P & Z and requested their approval for continuing to use the Rio Grande site on a temporary basis until the Rio Grande master plan is completed. Chapman Impound Lot suggested the staff would be willing to use lots on Cemetery Lane where the parks depart- ment offices are. The P & Z would rather use the Plum Tree until a more permanent arrangement can be made. Mayor Edel stated the Council made a strong commitment they would only use the Plum Tree until April 15. Councilwoman Michael agreed and said the Council told the public this was an interim use. Mayor Edel said he felt the city had to go with the Rio Grande. Councilman Behrendt moved to discontinue use of Plum Tree property as impound lot and to temporarily use the Rio Grande lot; seconded by Councilman Isaac. Chapman said the time limit he gave P & Z was when the Rio Grande master plan was f~nished and until there is a higher priority. Councilman Parry asked if the city could tear down the berm at the Plum Tree and landscape it. All in favor, with the exception of Councilman Van Ness. Motion carried. ORDINANCE $14, SERIES OF 1980 - Lodge Condominiumization Ord. 14, 1980 City Attorney Stock told Council with regard to the next ordinance, #15, regarding lodge Condominiumiza- preservation, P & Z adopted this which would take away most of the negative impacts of tion of lcdges being non-conforming but would not allow for increase in the size of the lodges. Stock told Council that P & Z, in some instances, would allow for increase and they consider this ordinance a temporary measure. It will take P & Z six or eight months to recommend to Council a lodge overlay to allow for conditional use approval of expansion of lodges. Councilwoman Michael moved to read Ordinance #14, Series of 1980; seconded by Councilman Isaac. 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 REQUIREING SUBDIVISION APPROVAL FOR THE RESUBDIVISION OF AN IMPROVEMENT WHICH HAD PREVIOUSLY COMPLIED WITH THE PROVISIONS OF CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; AMENDING SECTION 20-9(c) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY DELETING THE PROHIBITION AGAINST THE SUBDIVISION OF NON-CONFORMING LODGES; AND ADOPTING A NEW SECTION 20-23 TO THE MUNICIPAL CODE OF THE CITY OF ASPEN WHICH WILL ALLOW FOR THE CONDOMIUNIUMIZATION OF LODGES was read by the city clerk Mayor Edel noted this ordinance addresses time-sharing dwelling units and asked where that came from. Stock told Council 20-3(s) (2) is only one of four separate definitions of subdivisions, and that time-sharing should be considered a subdivision. Stock said his intent is that if one gets approval for condominiumization of lodges, the applicant still has to go through subdivision procedures for time-sharing. Kaufman reminded Council when they first addressed condominiumization one of the reasons to deny lodge condominiumization was the interpretation of 20-9(c) stating no subdivision should be approved that is not in conformance with the zoning code. Section 20-9(c) has been changed to state no subdivision, with the exception of the condominiumization of lodges etc. Stock told Council he had recommended to P & Z that this language read "No sub- division of land "and not address only lodges. P & Z changed that because of possible a~fects. Stock told Council he preferred his original language addressing just land. Stock told Council the planning director would like to see some limits on condominiumization. Councilwoman Michael moved to adopt Ordinance $14, Series of 1980, amending it to read Section 20-9(c) "No subdivision of land shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the City of Aspen or law or regulation of the State of Colorado", leave out the last sentence entirely and change "lodge" to "Structures" in the title; seconded by Councilman Isaac. Roll call vote; Councilmembers Parry, aye; Collins, naye; Van Ness, aye; Isaac, aye; Michael, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~15, SERIES OF 1980 - Lodge Preservation Councilman Isaac moved to read Ordinance $15, Series of 1980; seconded by Councilman Ord. 15, 1980 Parry. All in favor, motion carried. Lodge preservation ORDINANCE $15 (Series of 1980) AN ORDINANCE ADOPTING SECTION 24-12.10 TO THE MUNICIPAL CODE OF THE CITY OF ASPEN WHICH PRESERVES LODGE AND RESIDENTIAL USES was read by the city clerk Councilman Isaac moved to adopt Ordinance $15, Series of 1980, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Behrendt, aye; Isaac, aye; Collins, nay; Parry, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE #16, sERIES OF 1980 - Residential Bonus Councilman Parry moved to read Ordinance #16, Series of 1980; seconded by Councilman Van Ness. All in favor, motion carried. Ord. 16, 1980 Residential ORDINANCE ~16 Bonus for (Series of 1980) low, moderate, middle housing AN ORDINANCE AUTHORIZING THE DEVELOPMENT OF BONA FIDE LOW, MODERATE AND MIDDLE INCOME HOUSING THROUGH AN ESTABLISHED RESIDENTAIL BONUS; ESTABLISHING AN OVERLAY ZONE WHICH PROVIDES FOR SUCH A RESIDENTIAL BONUS; AND ESTABLISHING A PROCESS FOR THE DESIGNATION OF PROPERTY WITHIN SUCH RESIDENTIAL BONUS OVERLAY DISTRICT was read by the city clerk City Attorney Stock asked Council to delete the first sentence of the last paragraph on page 9, which was put in by mistake. Councilman Behrendt pointed out many people in the community had previously expressed interest in this and they have not been alerted. Kaufman told Council the most objections raised last time were from West end and Cemetery Lane property owners and these issues have been addressed. Councilman Behrendt moved to table this ordinance; seconded by Councilman Isaac. Bil Dunaway said P & Z has not addressed this ordinance. Stock told Council this is nothing more than a redraft of portions of the original housing overlay ordinance. Councilman Parry pointed out this is only first reading; the public hearing will be at the second reading. Councilman Isaac said he felt this ordinance is confusing and would like a study session before the second reading. Councilman Behrendt asked that the public who objected to the housing overlay be alerted. Councilwoman Michael moved to adopt Ordinance #16, Series of 1980, as amended on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Isaac, aye; Van Ness, aye; Parry, aye; Michael, aye; Collins, nay; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~17, SERIES OF 1980 - H, Historic Designation, Pedersen Residence Ord. 17, 1980 Councilman Isaac moved to read Ordinance 917, Series of 1980; seconded by Councilman H, historic Parry. All in favor, motion carried, designation Pedersen ORDINANCE #17 residence (Series of 1980) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE HENRY PEDERSEN RESIDENCE CONSISTING OF LOT 18, BLOCK 103, HALLAM ADDITION was read by the city clerk Councilman Isaac moved to adopt Ordinance #17, Series of 1980, on first reading; seconded by Qouncilwoman Michael. Roll call vote; Councilmembers Collins, aye; Michael, aye; Behrendt, aye; Parry, aye; Isaac, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE #18, SERIES OF 1980 Holden Ditch agreement Ord. 18, 1980 Councilman Isaac moved to read Ordinance #18, Series of 1980; seconded by Councilman Van HoldenDitch Ness. All in favor, motion carried, agreement (water delivery ORDINANCE ~18 w/Castle Creek (Series of 1980) hc~eowners) AN ORDINANCE RATIFYING A WATER DELIVERY AND DITCH MAINTENANCE AGREEMENT BETWEEN CASTLE CREEK HOMEOWNERS ASSOCIATION AND THE CITY OF ASPEN PROVIDING FOR DELIVERY OF WATER TO THE CASTLE CREEK HOMEOWNERS ASSOCIATION AND MAINTENANCE OF THE HOLDEN DITCH was read by the city clerk Councilman Parry moved to adopt Ordinance #18, Series of 1980, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Van Ness,aye; Isaac, aye; Collins, aye; Parry, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. Councilman Isaac moved to adjourn at 10:45 p.m.; seconded by Councilman Behrendt. All in favor, motion carried. Kathry~ S. Koch, City Clerk Regular Meeting Aspen City Council April 28, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint meeting to order at 4:10 p.m. with Councilmembers Behrendt, Collins, Isaac, and Parry and Commissioners Kinsley and Child present. Also present were City Manager Chapman, City Attorney Stock, County Manager Ochs, County Attorney Stuller. 1. Consolidation Agreements - Building and Environmental Health Departments. County Manager Ochs told the Boards he had put both departments into one agreement, which is Building & self-explanatory. John Eldert, finance department, pointed out the changes that had been Enviror~aental made in the agreement. Regarding the building department, language was added stating, Health "Administration of the Finances for this department shall be handled by the County Finance Consolidations Office at no additional expense or charge to the City. The County will provide the City with monthly reports shwoing departmental revenues and expenditures."