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HomeMy WebLinkAboutminutes.council.19800512 Regular Meeting Aspen City Council May 12, 1980 Commissioner Kinsley called the Boards to order at 4:10 with Councilmembers Behrendt, Parry, Michael, Isaac and Mayor Edel and Commissioners Child and Edwards present. 1. Ruedi Reservoir. John Musick told Council S.B. 67 for $10,000,000 was defeated. Since that time, Commissioner Child has met with BOR, Water Conservation Board and some Congresstional Delegations in Washington D.C. Commissioner Child said the Water Conserva- tion Board has agreed to study the possibility of bring this item up again in the next Ruedi reservoi~ session of the Legislature - the item of purchase of the facility. Child said there is suspicion of Pitkin County being interested only in protecting their own recreational sale of water rights. There is support from the Department of Natural Resources and the state engineer. Also, there is nearly unanimous support of the motion of the Water Board. However, there are a lot of people interested in the water. Felix Sparks had stated absolutely recrea- tion rights are guaranteed by the Frying-Pan/Arkansas project. Child said the Boards will have to do a lot of lobbying on either the state or federal level for favorable purchases of the water. Child said he felt Pitkin County has a lot better chance on a state basis. Musick said the position of the BOR is that if Pitkin County wants the water for recrea- tional purposes, they can buy it. The BOR said they would not conduct any studies. The congressiOnal delegations' comments were that this is more complex than Hunter Creek and many parties are putting pressure on the delegation. They did feel that Pitkin County's position is reasonable, and is perceived to be the healer in the resolution that was passed. Musick said he could not urge strongly enough that Pitkin County select one or two members to deal with Washington D.C. and the state of Colorado and press this issu~ constantly, and follow up with phone calls, letters and meetings. Commissioner Child said he felt this is the biggest water issue in a long time~ may be thc biggest. Councilman Isaac said the Boards should get in touch with the congressional delegation, but he was not in favor of running off to Washington. Musick said the Boards have to impress their resolve with letters, phone calls and perhaps visits. Musick said there are ll different parties trying to bring about 11 different decisions~ a large number of people seeking to get their own interests. The majority of the Water Board are in favor of Pitkin County's position, which is a study to determine the proper method to dispose of a valuable asset. Pitkin County has stated they want what was promised at the time this was approved; study the recreational levels, study the minimum stream flow levels, make an agreement not to serve beyond the land use plans of the counties where the water will be provided, make a determination of the proper cost to sell the water. Commissioner Kinsley Said Child has been working on this and he feels comfortable with Child carrying on. Councilman Isaac said he would be willing to work on this. Musick said the Boards should be prepared to file the necessary litigation so that the legal options are not foreclosed. Musick said the proper recreational levels in the reservoir have to be determined, the proper recreational releases the stream can accommodate have to be determined, as well as the proper charges for that water. Eagle County has taken a position in support of selling the water, as has Basalt. Councilman Isaac said he would like some movement in Basalt and Eagle to get support for Pitkin County's position. Commissioner Child said a representative of the BOR said all the water is for sale, except survival water, which is 1,089 acre/feet which would leave a mud flats. Musick said he would like to sit down with city and county and go over a proposed budget and time schedule for any possible litigation. The Boards set up a meeting with Musick. 2. Stream Classifications. Tom Dunlop reminded the Boards they discussed this at the last meeting as accepted by Colorado Water Quality Control Commission. The choices are Stream to accept the stream classifications as presented or to contest them through EPA through classificatio~ Dunlop's office trying to get higher classifications. Dunlop told the Boards through presentations the Water Quality con,mission wnet for one lesser standard than requested, but which is better than we had; however, it is not a high quality designation. If it is a high quality designation, the CWQCC sits as a review board befor any degradation of the specific segment. Dunlop recommends accepting the designations. An alternative would be to go ahead and work with the EPA. The county does have a capability of having the standards reviewed again in 3 years, and at that time request a higher classification. Dunlop told the Boards that Bill Smith, water attorney, recommends going for high quality 2 designation above Hunter Creek confluence. Musick said he felt it is much more appropriate for the entity pursing the higher classification to do it. Councilwoman Michael said she felt the Boards should take Dunlop's advise; Councilmembers Isaac and Behrendt agreed. 21876 Regular Meeting Aspen City Council May 12, 1980 Musick said the primary difference between Dunlop's recommendation and his, if the Board went the next step and requested high quality 2, they would be permitted to participate in any attempt to degredate the quality of the stream. Commissioner Kinsley moved as there is little value in going for the higher classifica- tion to go with what they have and try to change it in 3 year~, if it is deemed appropriat seconded by Councilman Behrendt. Musick pointed out there is a signficant problem if the quality of the stream is increasec for any existing or new diversions of the stream. This could present a problem to the city of Aspen if they ever divert the water through this stretch of stream. Ail in favor, motion carried. 3. Communication Center Contract. City Manager Chapman told the Boards he and the count manager feel it is best to defer this. 4. Animal Control Contract. City Manager Chapman said this is the first time in written Contract form there is an agreement on the animal control department, formalizing this and Animal Control setting it up as aprt of the joint budget review process. This is basically the same operating agreement that exists. Councilwoman Michael moved to approve the agreement between the city and county for the in the dog control program; seconded by Commissioner Kinsley. All in favor, motion carried. Commissioner K~nsley brought up a ski-over to Crested Butte and back to Aspen, a communit exchange program to protest mining. The entire town of Crested Butte turns out. This year the Crested Butte group was charged for the bus service from Ashcroft; Commissioner Kinsley appeal to let the charge go as a community appreciate. It was $70, and they have not paid it. Mayor Edel told the Commissioners the city has charged all sorts of groups for bus service. City Attorney Stock said the Council has authorized bus service and charges only for the gas and driver. Councilwoman Michael asked the City Manager to talk to the transportation department about this. Kinsley said his point was when the Aspen group goes to Crested Butte, the town is extremely hospitable. Councilwoman Michael pointed out the management has wanted to control special uses of the bus, and she would like the.opinion of the transportation department. Councilman Behrendt said during the time George Ochs has been county manager, the relatio~ ship between the city and county has gotten better, a lot of this is due to the way Ochs interacts. Councilman Behrendt said he appreciated this and a job well done. Councilman Behrendt moved to commendate George Ochs; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Isaac asked about the joint contribution for the Chamber of Commerce. George Ochs said the county had turned down the contribution. COUNCIL MEETING MINUTES Councilman Isaac moved to approve the April 14, 1980, minutes; seconded by Councilman Behrendt. All in favor, motion carried. (Councilman Van Ness came into Chambers). ACCOUNTS PAYABLE Councilman Isaac asked about the check to Guido's. Finance Director Butterbaugh said this was for a banquet for the police department and the individual members of the depart. ment are paying this back. Councilman Isaac asked about a check to Valerios. Ms. Butter- baugh stated this is payment for the Ice Garden. Councilman Isaac asked about a check to James Barrash for legal fees; City~Managem Chapman said Barrash defended Dick Kreusero Councilman Isaac moved to approve the accounts payable; seconded by Councilwoman Michael. All in favor, motion carried. CITIZEN PARTICIPATION 1. Jon Busch told Council he had inspected the remaining pieces of antique streets lights There are 12 or 13 usable poles and at least 20 tops which are usable. Busch pointed out Antique street for a few hundred dollars, the city can get more usable lights that will look better than lights mercury vapor lights. Busch said there may be a possibility of private property owners putting these on their property. Mayor Edel said it would be appropriate for City Manage~ Chapman to pursue this. Councilman Parry agreed he would like to do something, some parts of town are very dark. Planning director, Karen Smith, told Council they came back with an appropriation for a sidewalk and landscaping plan and are talking to consultants. This plan has discussion and recommendation for lighting. Councilwoman Michael noted she had asked last fall for an assessment of where lights are needed; people have asked for more lights in the downtown area. Councilman Isaac stated the space between the sidewalk and streets in town is not being taken care of; there are problems around ~own and there is no consistency. Ms. Smith told Council they will be making recommendations about this in there downtown plan. City Manager Chapman told Council Ms. Smith would be bringing a proposal to hire a consulting firm to do the parts of the study in the downtown that has not been done already. RegUlar Meeting Aspen city councl£ lviay lz~ l~ou 2. Tom Sommers said he would be willing to donate a Victorian house because he would have to bring the house totally up to code in expansion plans. The city housing director House indicated there may be a lot to move the house for employee housing. Sommers said he donation would be willing to give the house, if the city would move the house from its location. Mayor Edel said the city would have to bring the house up to code also. Sommers told Council this house is at 617 West Main. Jim Reents, housing director, told Council there is potential for relocation and renOvation of the structure. Mayor Edel said he would like to know the costs for moving, bringing up to code, etc. Reents said he felt the ballpark figures would be around $25,000 - 30,000. Mayor Edel asked where it would be moved to. Reents said to city-owned land acroes from Herron park, zoned for single famil dwelling. Sommers said he would end up demolishing the house if someone else could not use it. Councilman Isaac asked if this would have to go through HPC. Sunny Vann, plannil g office told Council this has been processed through HPC and the approval was conditioned upon maintaining the existing house as part of the overal design solution for the site. Vann said the house could not be removed without further HPC approvals. City Manager Chapman said he felt the big decision was did the Council want to put any- thing on the site near Herron park. If the Council does want to put something on the Site, getting any kind of employee housing for $25,000 is a go~d deal. Councilman Isaac said he was against putting anything on the site, right across from Herron park and basically in the flood plain, and a park. This is not an appropriate place for a house. Chapman said the only alternative is a pie-shaped lot at Silver King drive and Red Butte; for this lot, the city would have to go through subdivision. Councilman Parrk said he did not feel the site appropriate for this type of Victorian building. Mayor Edel asked if these gifts of houses were a tax benefit to the donor. Stock said the value of the gift of the house was a tax benefit. Councilman Van Ness said unless there was a site for the house, he did not want to accept it. i 3. Gideon Kaufman requested that the Carla Astor subdivision be added to the agenda; Councilman Behrendt moved to put on the agenda the Astor subdivision and the Mayor's Deed; seconded by Councilman Van Ness. Councilwoman Michael said her only problem was that someone from the public might want to be present. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Van Ness said he was ready to go for floor area ratios in town, simple Floor area formulas, to prohobit structures that are larger than city hall. Karen Smith, planning ratios director, said Council should start out with a study session because of the numerous alternatives; this is not a simple matter. Ms. Smith agreed these are needed and requested a study session to get a direction on what approach Council wants to take. Taxation 2. Councilman Van Ness said it is rumored the ~11 Citizens Action Committee is planning petition to come back with another petition regarding taxation. Councilman Van Ness asked the administration to get together an analysis on debt situation and city spending and where Pitkin County's property taxes rank in the state. 3. Councilman Isaac asked what is happening to Smuggler Trailer Park process. Jim Smuggler Reents, housing director, told Council he should be getting a proposal from the owners Trailer park next week as what they see the final alternative for development. Mayor Edel said he felt the owner's attitude is good and they want to do something nice. 4. Councilman Isaac asked CouuCilman Behrendt ahoutl.his call to R.O. Anderson, Aspen Institu~ Aspen Institute, regarding the P & Z and the Institute suit. Councilman Behrendt said he spoke to the principle attorney, McKinley, who said they may do that; however, the city would initiate a request to drop them from the suit. Ms. Smith told Council P & Z was meeting Friday, June 16, for a public hearing on the Institute. City Attorney Stock said he had not decided whether P & Z's failure to act is, in fact, a recommendation of denial to the Council. CitycAttorney Stock, said he is trying to avoid a conflict between P & Z and the Council, .refusal to act would be a conflict. Arthur's 5. Councilman Isaac brought up the vote on Arthur's where the Council voted against and then voted to table. Council decided the issue can come up again. 6. Councilwoman Michael pointed out Council had been in business for a year and suggeste~ they schedule a series of meetings with P & Z, HPC, Board of Adjustment, etc. This would be a nice gesture to make for all the volunteer boards. 7. Councilman Van Ness brought up his collection of papers, reports and memoranda since he took office 3 years ago. These might be useful in remembering what was promised, studied, etc. Councilman Van Ness asked if there were any interest in storing these in City Hall. City Manager Chapman said he would look into it. 8. Councilman Parry asked if there were any advertising budgeted for the golf course, Golf Course for brochures, etc. Chapman said this was not in the original budget. When the staff advertising and Council went through the 5 year financial plan, the greens fees for the golf course came up. The original proposal was $10 greens fees which had a substantial subsidy from the general fund and no marketing. Chapman told Council he and the golf pro had looked at greens fes from other towns, and Aspen's are $10 to $12 lower. Chapman recommended an increase to $12 per round and use $2 per round for marketing the course for the first two years of operation. Council agreed with this but increased the greens fees to $14. The city will get into a large scale marketing program for the golf course. LIQUOR LICENSE REQUEST/CHANGE OF LOCATION - Firehouse Tavern Liquor license application Councilman Van Ness moved to continue the public hearing at the request of the applicant; Firehouse seconded by Councilman Isaac. All in favor, motion carried. Tavern SUBDIVISION EXEMPTION - Carter's Venture Subdivision Sunny Vann, planning office, told Council this is a request for subdivision exemption for ~ption a proposed duplex built at lot 21, West Aspen subdivision. It is zoned R-15. The enginee ~-Carter,s ing dePartment review the survey and recommended approval subject to revisions in their Venture memorandum and that the applicant be required to enter into a curb, gutter and sidewalk improvement districut, if formed. The attorney commented if this is approved each unit should be deed restrictied to six month minimum lease restriction. The P & Z and plannin¢ office concur and recommend approval subject to the conditions of engineering and six month minimum leases. Councilman Isaac moved to approve the subdivision exemption for the Carter duplex with th engineering comments, sidewalk curb and gutter agreement and the six month minimum lease; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION RESUBMISSION - Independence Subdivision Sunny Vann told Council in June 1979, Council rezoned lots 4, 5, and 6 of the Independence resu~mission Subdivision from R-15 to R-6 and approved recommendation for exception from subdivision Independence procedures for the purposes of rediving the lots into two lots with the understanding that two employees units would be deed restricited for employees. The period for final recording had lapsed, and this requires coming back to P & Z and Council. This was taken back to P & Z. The engineering department reviewed this and found it consistent with the original approvals; two or three minor considerations need to be added on the final plat. Councilman Behrendt moved to reapproved Independence Subdivision subject to minor items on the engineering memorandum dated May 2; seconded by Councilwoman Michael. All in favor, motion carried. CITY COUNCIL - Number of, Terms and Salaries City Council Mayor Edel suggested re-examining the number of councilmembers and salary commensurate number of with the amount of work, and the process of the job. Mayor Edel said he felt this Council members, was working harder than ever in terms of hours, committees, study session. Councilman terms and Isaac said he would like Council dropped to 5 members so there is a higher percentage of salaries members at each meeting and set up scheduled meetings for certain times every week. Councilman Isaac pointed out there are so many meetings scheduled now, it is hard for an employee, a person who works for someone else, to be able to give time or serve on the Council. Councilman Van Ness said Council was designed to be members of the community that would serve on a part-time basis, not full-time. Councilman Van Ness questioned changing that basic philosophy. Councilman Van Ness stated he preferred to keep this a part-time job, and that 7 is a good number of Council. This allows the work to be divided up amount 7 and helps keep it a part time job. Councilman Van Ness said functioning with 2 or 3 membc's is not good. With 7 members there is a better balance of types of persons in town, and they get their views represented. Councilman Van Ness stated a lot of study sessions are totally unnecessary; the Council is setting up study sessions whenever anyone requests them. Councilman Van Ness said he would be happy with a limit put on the number of hours going into meetings. Councilwoman Michael agreed this should be a part-time Council; however, the size of the government has increased, so has time Councilmembers have to spend. Councilwoman Michael said the ideal size of Council is 5 members, but given the problems of people out of town it should be left at 7 for this consideration. Councilman Isaac said he would like to go for 5 members because some of the other major boards are 5, and 7 members lengthen the meetings. City Manager Chapman said Council is discussing time management, and there are ways to improve on this problem. Council could consider a committee system, reorganizing the agenda, a consent agenda. Chapman pointed out if the time were better managed at Council meetings, there may be time to discuss items that are now being discussed at study sessions. Mayor Edel said he felt Council had gotten more involved and doing more of a job, and this is very good. Councilwoman Michael argued unless the salaries are raised, people will not be drawn to the job and be willing to spend a lot of time. Councilmembers Isaac, Behrendt, Michael and Mayor Edel indicated they were willing to change the number of Councilmembers. City Attorney Stock explained the procedure of changing the number of Councilmembers, have the vote in November as a special election, and how to reduce the numbers. Mayor Edel said he would like public input on this issue; Councilwoman Michael said she would like staff input on flow of meetings, 5 versus 7. Councilman Behrendt said he like the idea of the public being able to overturn the majority of Council in an election. The two-year mayoralty and four-year Council terms seem to work.and if the number is reduced, Councilman Behrendt said he would like it back to the way it works as quickly as possible. Councilman Van Ness said he felt four years terms are too long. Councilman Parry and Isaac disagreed and pointed out that four years given time to learn and continuity. Councilman Behrendt moved to instruct the city attorney to draw up a Charter amendment to be incepted in time for the November county election, 60 days previous to that Council will have a final reading on the ordinance; to the effect to suggest to voters to reduce the number of Council to 5 with change in membership over the next two city elections; that the terms remain the same (two years for Mayor and four years for Council); seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Parry and Van Ness. Motion carried 4 to 2. ~=~ummz ~-~ux~9 Aspen ~lEy uouncll May ±~, l~O Councilman Behrendt brought up salaries and pointed out Council has been keeping the staf: at tight wage increases. Councilman Behrendt proposed taking the total amount of Council and Mayorl, salaries and divide up the existing budget, take the two extra members salaries and distribute them over the remaining five, and that the Mayor receive approximately more than 30 per cent than Council, and that this be effective for everyone in the May election. City Attorney Stock told Council they could create a salary structure by resolution, but this could only take effect upon election and to newly elected members. An alternate is to have the people approve the increase in an election and it applies to everyone on the Council. Councilman Behrendt moved to take the existing salaries and divide by 5 with the Mayor getting a larger salary for all Councilmembers for the election; seconded by Councilman Isaac. Councilmembers Isaac, Behrendt, and Mayor Edel in favor; Councilmembers Michael, Van Ness, and Parry opposed. Motion NOT carried. Councilman Behrendt suggested scheduling certain times, such as every Monday at 4 p.m., Wednesday at 4 p.m. and Friday at noon for meetings. Council can then know how their schedules look and how to schedule their time. Councilwoman Michael moved to ask City Manager Chapman to think about management of time, give Council a report on how Council can manage meetings better, salaries for Council, terms, and numbers of Council; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry said he felt the discussion was brought up for salary increases and if the only way to get increases is to change to five Councilmembers, he would change his vote. Councilman Van Ness moved to consider in the near future the subject of salary increases for Councilmembers. Motion DIES for lack of a second. Councilman Van Ness said there should be some salary increases that takes care of all Councilmembers no matter What the outcome of the election is. Councilman Parry moved to reconsider the motion to take the existing salaries and spread them over five Councilmembers; seconded by Councilman Behrendt. All in favor, with the exception of Councilman Van Ness. Motion carried. Councilman Behrendt removed to take the existing salaries and divide by 5 with the Mayor getting a larger sala~y'-f~-~ll Councilmembers for the election; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Michael and Van Ness. Motion carried. Councilman Behrendt said his motion included directing the city attorney to draft this along with the Charter amendment to decrease the size of Council. RESOLUTION HIGHWAY ALTERNATIVES Mayor Edel said that P & Z is not finished their discussion of this and it would be pre- mature for Council to discuss at this point. Councilman Behrendt moved to table; seconded by Councilman Isaac. All in favor, motion carried. MAIN STREET TRAFFIC CONTROL REPORT City Manager Chapman reminded Council there have been complaints about pedestrian safety Main Street on Main street. The Pitkin County Safety Council met and came up with some recommenda- traffic tions. Council, staff and Safety Council met with the State highway department and control report discussed these recommendations as listed in the city manager report. Councilman Behrend. said he liked the medium used for crosswalks on Main street and would like to have them done in the downtown areas. City Manager Chapman pointed out the cost of $1475 was for each crosswalk, not for all of them. Chapman said if the Council wanted to have cross- walks designated in the downtown core, the police department should report on which ones really need it. Councilman Parry suggested it might be better to experiment with painted crosswalks rather than thermo plastic ones at $1475. Councilman Behrendt asked for a proposal for purchasing a striping machine. Councilman Van Ness pointed out that traffic rules are not the same in every part of the country, in some states pedestrians do not have the right of way. In the winter, the snow covers the markings and in the summer going down Main street you can hardly see half of them. Hans Gramiger suggested making Main street a parkway with a median strip. City engineer McArthur said the state would have to do it since Main street is a state highway. Gramiger also suggested having certain streets designated as cross streets for pedestrians and cars. McArthur pointed out the crosswalks in the downtown core area are not visible during much of the winter. Also, if the city paints the crosswalks, they will have to be painted once or twice a year and it is cost effectiveness to go with the thermoplastic. Councilwoman Michael moved to request points 2, 3, and 7 be financed and completed by the state highway department; seconded by Councilman Behrendt. Councilman Van Ness recalled the state saying before they did anything on Main street, they wanted to do a study of Main street. McArthur said the state wanted the support of the Council before they requested a study. Chapman explained that items 2 and 3, which are to add the word "crosswalk" on Main street prior to each crosswalk and to add additional "Pedestrians have the right of way" sign on Main street, the state will do. The location of a traffic light would require further study; the most likely place would be at the intersection of Main and Galena. Councilwoman Michael wanted item 7 deleted from the motion as that is a separate discus- sion and moved that 2 and 3 be approved and request that the highway department do; seconded by Councilman Behrendt. Regular Meeting ~spen ul~y tuunu~ L,~3 ~, ~uu Councilman Isaac said he would rather see a Pedestrians right of way sign farther west than at Paepcke park. Mayor Edel agreed and one should be at the east end of town. Councilman Behrendt asked for an amendment to the motion that all "Pedestrians have the Main street right of way" to have small flashing lights. Councilwoman Michael accepted amendment. All in favor, motion carried. Councilwoman Michael questioned items 4 and 5; assign an officer to Main street and to sro~ any motorist failing to yield to a pedestrian in the crosswalk, and asked if this has been implemented what is the schedule and the costs. Chapman told Council the schedule is irregular and they are giving Main street extra attention in their patrol function. Counc man Isaac asked where the figure of $1400 per crosswalk for thermoplastic came from. McArthur said it was from square footage required .a~d labor. Mayor Edel said he did not want to put crosswalks in the downtown core area. Councilman Van Ness agreed. Councilwoman Michael moved to table #1; the staff is talking about a downtown beautifica- tion plan, and Council should not reserve that much budget for this plan; seconded by Councilman Van Ness. All in favor, motion carried. City Manager Chapman explained the state will not come in and study the traffic unless the Council is willing to commit to another traffic light. If they come in with a study, the~. will expect a high likelihood of Council accepting another light. Chapman pointed out the best protection for pedestrian safety is a signalized intersection. Councilwoman Michael said she is not sure she wants a traffic light at every corner; concerned about the impli- cations of a string of lights on Main street. Councilwoman Michael said she would like to see a study for the need of traffic lights or not. Councilman Van Ness moved if the highway department survey convinces him here the is need for a light, he will go for it. Motion DIES for lack of a second. Councilman Behrendt moved to write a letter to the highway department requesting a study of Main street'regarding the traffic light; seconded by Councilman Parry. 3~. McArthur told Council the highway department will do the study of Main street; it could be the light is needed at some other intersection. The highway department will put in a light this summer. Council changed the motion to request a study of Main street and council will support the light if they see fit. All in favor, with the exception of Councilman Isaac. Motion carried. Hans Gramiger brought up cha~ging the speed limit on Main street to 25 m.p.h. Councilwoman Michael directed the city attorney to draft an ordinance setting the speed limit of 25 miles per hour the entire length of Main street; seconded by Councilman Parry. Councilmembers Michael and Parry in favor, all others opposed. Motion NOT carried ORDINANCE #5, SERIES OF 1980 - E~ergency Alarm Systems Mayor Edel opened the public hearing. Councilman Behrendt moved to continue the public hearing; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~15, SERIES OF 1980 - Lodge Preservation Ord. 15, 1980 Mayor Edel opened the public hearing. Lodge preserva- tion Karen Smith, planning director, rem~nded Council they had already approved the first half which was the lodge condominiumization ordinance. This ordinance was proposed as the most direct approach to the downward spiral of the lodges. This deals with the two problems of the lodging assoication, reconstruction and the issue of refinancing. Ms. SmJ said this ordinance is consistent with the land use plan of 1973. The P & Z will be I reviewing the potentlal expansion of lodges in non-conf.ormlng areas. G~deon Kaufman told I Council the Lodging Association views this as necessary, however, there may be a better solution with an overlay. Councilman Isaac moved to read Ordinance #15, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. 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 Parry moved to adopt Ordinance 915, Series of 1980, on second reading; seconded by Councilman Isaac. Councilman Parry questioned increasing the non-conformity of an already non-conforming structure. Ms. Smith said if a lodge does reconstruction, they should not pierce the setbacks through reconstruction. The restriction is that a lodge cannot increase the non-conformity. Kaufman to~d Council the compromise was that if a lodge invests 50 per cent or more of the value, they have to comply. The ordinance was originally written at 100 per cent; however, in the future the Lodging Association would hope to convince the Council that lodges should be conforming uses, not non-conforming. Councilman Parry agree( lodges should be conforming. Councilman Parry pointed out that the section that states no increse in number of units or square footage will eliminate any employee units. Counci~ man Parry suggested increasing footage by review for employee units. Ms. Smith said this was discussed with the overall question of expansion, and the planning office opposed that because of the growth management plan and that this does conflict with previous land use plans. Ms. Smith suggested bringing employee units in lodges back to Council with care- taker proposal. Ms. Smith told Council one of the biggest issues is the area and bulk impact of non-conforming lodges; there are no standards. Council agreed they would like the issue of employee units in lodges studied, taken to P & Z and brought back to Council as quickly as possible. Mayor Edel closed the public hearing. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Behrendt, aye; Michael, aye; Isaac, aye; Mayor Edel, aye; Motion carried. ORDINANCE #16, SERIES OF 1980 - Residential Bonus Ord. 16, 1980 Councilman Van Ness moved to read Ordinance #16, Series of 1980; seconded by Councilman Residential Isaac. All in favor, motion carried. bonus for e~ployee ORDINANCE ~16 housing (Series of 1980) 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 DESIGNATIVE OF PROPERTY WITHIN SUCH RESIDENTIAL BONUS OVERLAY DISTRICT was read by the city clerk Mayor Edel opened the public hearing. Ms. Smith, planning director, told Council this ordinance is a combination of 2 proposals Council had asked the planning office~ to pursue regarding residential bonuses to motivate the production of employee housing. One part of the ordinance authorizes up to a 50 per cent residential bonus in single family zone district, with a vacant piece of land of an acre or larger. The second part deals with commercial, lodge, office and multi-family zone and authorizes up to a doubling of the numbers of units permitted with a 25 per cent increase in floor area ratio. Ms. Smith recommended the ordinance to Council as a necessary response to the housing crisis and referenced the housing task force report, and the housing action plan. Ms. Smith told Council they should consider a limitation on the time for the build out of these units. These units could be granted an exemption from growth management through the 70/30 ordinance, and they will be taking up free market quota from other projects. Ms. Smith recommended a two year limitation on the employee portion or the applicant would lose his free market quota. Ms. Smith told Council the ordinance should be amended that if the residential bonus is applied in a PUD area, the slope reduction formula should still apply. Councilman Isaac brought up the ordinance regarding the 70/30 refers to bedrooms and this talks about units. Ms. Smith said the two provisions work in concert, a project has to meet a minimum on both areas. City Attorney Stock told Council they are trying to enhance all types of housing, one bedrooms as well as 3 bedrooms. If the 50 per cent is based on bedrooms, it is cheaper to construct a 10-bedroom unit with one kitchen or bathroom, Stock pointed out the conjunction of the two ordinances give a spread of housing, and if Council wishes to keep the spread of housing; he recommends they remain different. Mayor Edel said he feels these ordinances are complex and hard to read and hard for the citizens to deal with. Ms. Smith said the housing action plan has recommended these be tranlated out of legalize. City Attorney Stock told Council he would add section (e) under Section 24-10.8, "nothing herein shall exempt an applicant from the application from slope reduction formula as contained in ."and cite the section. Councilman Behrendt moved to adopt Ordinance :~16, Series of 1980, with the inclusion of the language referring to slope reduction formula in PUD; seconded by Councilman Parry. Councilman Isaac questioned 24-10.3(b) where the residential bonus applies only to "pure" residential projects. Ms. Smith answered is it complex to figure out an equitable formula to figure out floor area between commercial and residential portions. Another reason not to incorporate mixed projects is that they exist in O, office, C-1 and CC zones Ms. Smith pointed out it is more costly to build to the construction standards of the commercial zones. Councilman Isaac brought up review criteria under section 24-10.9(b), and would like to add the availability of utilities. If the~e Proj~ects do not go throUgh growth management, there could be some problems with utilities. Councilwoman Michael said this section makes this process look like a preference system rather than a quota system. Ms. Smith said this section is guidance for the staff in making recommendations to Council, what the strong and weak points are of each application. Councilwoman Michael asked if the Council could legally deny on the seven pointS under section 24-10.9(b). Stock said the applica- tion would be an application for rezoning. The determination would be does the applica- tion meet the master plan, and Council can site specific examples where it does not they can create a foundation to be upheld. Councilman Behrendt accepted an amendment to the ordinance as 24-10.9(b) (8) to mention the availability of utilities; seconded by Councilman Parry. Alan Schaffer told Council he had spent time reviewing this ordinance with the planning staff and it does become clearer. Schaffer stated the ordinance is not as difficult as it looks. John La Salle said the primary advantage to encouraging developers is the fact that there is minimum exposure to discretionary decisions. It is important to be able to look at the law and be able to figure out what can be done with a piece of~m~operty. La Salle pointed out three areas in the ordinance which put a project into special review, two of these are not special review in a normal situation - minimum distance between buildings and the percent of open space required. This could be more stringent than the normal procedure under code. Ms. Smith said there may be a way of identifying that open space is not a matter to be reviewed in those districts where there is no open space required. That was what was intended. The minimum disntance between principle and accessory buildings is an opportun- ity to avail the flexibility of PUD in varying things and clustering density. This is a benefit to the applicant to be able to do this rather than to stick to standard zoning. ~,~ ~'~=u~ ~s~en ~y uouncl± May 12, 1980 Ms. Smith pointed out that special review in this ordinance does not throw the applicant into another procedure. This means Council will review minimum distance, open space, Ord. 16, 1980 through the shortened procedure in this ordinance. Ms. Smith said it is appropriate for Residential Council to consider variation in side yard, minimum distance between buildings; however, bonus for to get at this concern the ordinance could say that variation above the minimum require- employee ments of the zone district will be permitted through this process, housing Councilman Behrendt moved to accept the amendment that minimum distance between principle and accessory buildings may be reduced by special review; Councilman Parry seconded. Ms. Smith pointed out that La Salle wanted this amendment to apply to front yard, side yard, rear yards, etc. Stock said that Council's decision was not to vary those. Ms. Smith said the side yard minimums have to vary if there is going to be clustering. Stock said the modification of (f) allows the buildings to be closer together on the site but not to encroach closer to the next door neighbors. La Salle pointed out there would have to be special review if a unit had two bathrooms or more. With today's construction, if a two-bedroom apartment is built, it is logical to have two bathrooms. This provision also exists in the zoning code as it is presently written. Councilman Behrendt said he would like that special review for two or more bathrooms deleted and that the overall code problem be addressed at another time. Stock said he would rather have planning research that section, and if there is a need for amend ment to amend the regular code. Councilman Behrendt amended the motion to delete the special review for two baths or more from this ordinance; seconded by Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Michael, aye; Isaac, aye; Van Ness, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE #17, SERIES OF 1980 - H, Historic Designation of Pedersen Residence Ord. 17, 1980 Mayor Edet opened the public hearing. There were no comments. Mayor Edel closed the Historic public hearing. Designation of Pedersen Councilman Isaac moved to read Ordinance #17, Series of 1980; seconded by Counciman~ Residence Behrendt. All in favor, motion carried. ORDINANCE #17 (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 Behrendt moved to adopt Ordinance #17, Series of 1980 on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Behrendt, aye; Isaac, aye; Michael, aye; Mayor Edel, aye. Motion carried. CITY MANAGER 1. Bonds for the Water Plant Housing. Don Diones, Kirchner/Moore, passed out a payment schedule and told Council this was computed at an average interest of 8.16 and will be Bonds for about 8.05. The principle amount is in the range of $370,000 for the first 9 years, which Water plant meets the City's goals. The bonds will be insured by an insurance agency, which helps housing their marketability and improves the interest rate. Councilman Behrendt moved to approve the issuance of the bonds; seconded by Councilwoman Michael. Diones told Council the City received a Baa-1 rating for the reasons this is a one-industr~ town, sales tax is a heavy source of income, and the vulnerability of the town to the dependence on weather and tourism. All in favor, motion carried. 2. Request for Buses for Deaf Camp Picnic. City Manager Chapman told Council the Deaf Bus request Camp picnic usually gets help from the city with buses. Chapman said he would like to Deaf Ca~p supply buses in the approximate cost of $320 to the city. picnic Councilman Behrendt moved to approve the request for buses; seconded by Councilman Parry. All in favor, motion carried. 3. Budget Requests. (a) General Fund. City Manager Chapman reminded Council they had Budget arrived at trying to work out an additional $16,000 requests reviewed. Council had requests approved $1300 training for animal control; $5750 for radio and temporary help in the general fund engineering department to complete Mill street; and $2400 temporary help for Municipal Court clerks. Items Council held were a $4500 request for Youth Services and $6,000 for Chamber for summer advertising program. Councilman Behrendt moved to approve the $6,000 for the Chamber of Commerce program; seconded by Council~a~.~a~ Councilwoman Michael asked if there was enough money to do both the leftover requests. Chapman told Council the requests are about $4,000 high. Council can do both and stay within the $16,000 by cutting down a request or can exceed the $16,000 and drops the general fund reserve to $520,000. Councilman Van Ness pointed out traditionally the Council has not spent money to bring people to Aspen. The distinction is not to spend money to advertise to get people here but to provide informational services once they arrive. Councilman Behrendt stated the city derives about $3,000,000 in sales tax and has a direct pecuniary interest in getting people here. Councilman Behrendt said this is a trial program to see if the Chamber can achieve any benefits. technical feedback as to the effectiveness of the advertisement. Councilman Behrendt H accepted the amendment. H Councilwoman Michael said she is voting for this as the construction industry is slow and she would like to maintain the level of employment going into the summer. Councilman Van Ness said this is about to adopt a principle of the City paying for half the adver- tising; however, the city is only a partner in the money from sales tax to the amount of 3 per cent. All in favor, with the exception of Councilman Van Ness. Motion carried. Fund request Youth Services. Alice Falkenstein told Council they had a $24,000 budget for the year. Youth Services The county felt they would fund half the operation assuming she could raise the other half Ms. Falkenstein raised about $4500 from private contributions. If the city gives $4500, the county will go with the rest of the contribution. Councilman Behrendt said he would like a report back on what the Youth Services is doing, how the money is being spent, and an assessment of the program. Councilman Behrendt moved to approve the funding request for $4500; seconded by Councilman Parry. Councilman Van Ness asked what the Youth Services programs are. Ms. Falkenstein told Council they are instituting Youth service position within the county, getting youth involved in activities and program, a hot line, volunteer adult meeting to accept referral , a big buddy program, looking into drug and alcohol programs and monies, youth board had just been formed. Councilman Behrendt pointed out that Sopris Mental Health Clinic is charged with dealing with the above things. Ms. Falkenstein said she is meeting with the Clininc regarding youth services.~ All in favor, motion carried. City Manager Chapman brought up the issue of funding for the arts groups. Council had decided to hold checks for the arts groups because of the performance of the real estate transfer tax. Chapman said the RETT has performed better in the past couple of weeks and is now up to $70,000. Chapman recommended to start making payment to the arts groups in a normal schedule. Mayor Edel said the Wheeler Opera House will need about $77,000 by the end of July. Councilman Behrendt suggested for the remaining balances to arts groups, they be alerted that payment is dependent upong receipt of cash. Councilwoman Michael moved to release $38,000 in normal payment pattern to fund the arts; seconded by Councilman Behrendt. All in favor, motion carried. Mayor Edel said real estate people are saying there should be $150,000 in the RETT fund by mid-July. Councilman Van Ness said this would depend on interest rates, Councilman Van Ness bet Mayor Edel $10 there would not be $150,000 in the RETT fund by July 31. Budget request Land Fund. City Manager Chapman reminded Council they had approved additional maintenance land fund person for the ball fields to be funded out of the land fund. Transportation Fund. The additional items approved in this fund were merit ~increases budget request at about $13,000; items being asked to consider are a bus washing facility at $53,750, transportation rent for new office space for the transportation department at $9,000 and fuel farm at $13,000 - which is high because one tank is free, and office furniture at $1700. There are other requests such as additional secretary, repairment, bus route extensions, equipments and bus shelters. Out of this fund for 1981 would come the increaselin food sales tax rebate, which would impact the fund $24,000. Councilman Behrendt moved to approve the bus washing facility at $53,000; seconded by Councilman Isaac. Chapman explained the transportation fund is running $67,000 higher in revenues than expected and added to the surplus gives about 200,000. All in favor, motion carried. Councilman Behrendt asked who the personnel would be to run the bus facility. Duane Fenge , transportation director, told Council this is a drive through washer and requires no personnel. The county will use this and are paying for the modification of the bus barn for the installation of this washer. Chapman explained the office rent; the transportation-department is in a very small space with three people, at least 45 drivers during the winter coming in, supervisors coming in; the is the largest department in the bity. The small office does not lend itself to an efficient operation. Councilman Behrendt pointed out the city is giving away space in the Wheeler which could house the transportation department. Chapman told Council he had approached the Wheeler Task Force for space in the Wheeler and their feeling was they would rather not do it. Chapman told Council the policy he had been using in regards to space at the Wheeler is to refer requests to the Wheeler Task Force. Mayor Edel said the Wheeler Commission's job has nothing to do with the daily activities but to work on the reconstruction. They should not be making decisions as to who get ~what space. Mayor Edel said it is absurd to go out and spend $9,000 for rent. Mayor Edel said he would speak to the Wheeler Commission about who is running the building; it should be the city. The Commission is talking about post-renovation, until then the city control the building. Councilman Behrendt directed the city manager to take Care of the space requirement in- house. Councilman Behrendt moved to approve up to $13,000 for the fuel farm; seconded by Council- woman Michael. Fengel told Council he had gotten a tank free, which is about.S3500. All in favor, motion carried. Councilman Behrendt moved to approve office furniture expense to $1700; seconded by Councilman Parry. All in favor, with the exception of Councilman Isaac. Motion carried. Duane Fengel told Council the department needs another secretary; there are 38 people in the department with only one secretary. Councilman Behrendt moved to approve the secretary less $1500 (for the two month delay); seconded by CounCilman Parry. Chapman told Council the big work load items are payroll and scheduling and take 95 per cent of the secretary's time right now. In the future this may be automoated through the computer but the staff would have to look at packages and program logic. This will take time. All in favor, with the exception of Councilman Isaac. All in favor, motion carried. Food Tax Rebate. Mayor Edel said the $21 rebate was installed eight years ago and should be increased to $39 with costs of living increases. This would be covered by $24,000 in Food tax the transportation fund and $12,000 in the land fund. Councilman Behrendt agreed and rebate pointed out a rescinding of this tax would cost the city many more dollars. Councilman Behrendt moved to raise the food tax rebate to $40; seconded by Councilman Parry. Chapman explained the.~figure of $39 came from the 1979 consumer price index for food items compared to 1971 as a base year. Basically this came out to an 80 per cent increase in food items. Another eason the $39 is requested as it is easier to pay in third-increments with 1/3 from the land fund and 2/3 fron the transportation fund. Council discuss this and decided to stay with $40 rebate for 1980 in 1981. All in favor, motion carried. Mater Fund. Chapman told Council this fund has some immediate problems, and he recommends Council reconsider the decision to transfer $365,000 from water fund to land fund to pay for the Ice Rink. $175,000 has already been transferred; the other $195,000 was not Budget request transferred because the land fund was in a good cash position. Chapman recommended the water fund $195,000 NOT be transferred andlthat $10,000 of that transferred be sent back. This would take care of merit increases at $4100; cost overruns on the Aspen mountain tank at $28,000; Durant and Cooper water line at $72,000; implementation of water management plan at $27,500 and legal fees at $63,000. The last item was approved but never budgeted; there was no money left as of April 1st to pay legal fees. Chapman told Council the director of the water department would make a special appeal for $1700 for tools and work equipment; there is enough money to purchase these. Councilman Behrendt moved to approve items 1 through 6, including the $1700 for tools; seconded by Councilman Parry. All in favor, motion carried. CARLA ASTOR SUBDIVISION AGREEMENT City Attorney Stock reminded Council this was approved in April; however, there are two Subdivision problems with the subdivision agreement. The engineering department has requested that agreement the fire hydrant provision as well as the curb, gutter and sidewalk agreement be included.Ast°r Stock outlined the other problem; "if the property owner has sufficient land, an alterna- tive would be to have him reinvest in the existing duplex to bring to code and thereafter deed restrict the units in the housing price guidelines. If this is done, we could allow him to build a new duplex alongside." Stock states Astor's application is based on this interpretation. Stock said when the agreement was being drafted, there was a disagreement to this point. Stock said it is not clear whether Council approved the subdivision with that requirement attached. Stock told Council when he asked this be included in the agreement, the applicant stated the Code does not require this, Council did not specific- ally put this condition upon it, and that the applicant could not afford to bring those two units to Code. Stock submitted a report indicating the items that are not up to Code. Stock said the City's position should be if this is a health, safety matter, the appliCant should be required to bring the units up to Code. Otherwise, there would be poor housing in the community and a likelihood of injury to someone. Councilman Behrendt pointed out this is presently being used as housing. Councilman Behrendt told Council the applicant does with to do minor upgrading on the units. By this delay, this would be jeopardizing the loans for this project. A member of the building department had said there would be no problem going over the list and doing a review with the applicant and checking the major items to come up with a compromise that would result in an upgrade of the units and which wou~d not be diastrousty expensive. The parking spaces are not a problem; there is adequate space to meet the requirement. Councilman Behrendt said the units did meet the code when they were built. Councilman Behrendt said he would like to arrive at a compromise to see this project continue. If Council requires to total bringing up to the new codes, the city will not get these units as employee housing. Stock told Council if they are not careful with the health and safety viOlations, they could be personally liable for failure to enforce. Under the City's code, Council has the right to require health and safety violations to be improved. Sunny Vann, planning office, told Council given the circumstances of this rezoning specifically to accommodate a free market units and to obtain some employee units, he was adamant the city would require this be brought up to code. Vann perceived this from a safety point of view; housing suitable for living in. Vann told Council it did nOt occur to him that bringing up to Code would be talking about insulation thickness, glass, etc. What the planning office is most concerned about is safety and suitability for housing. To require that all employee housing is brought up to the 1980 code would be prohibitive as far as costs are concerned. Stock told Council his interpretation of the Code is if a person takes a piece of propert~ and bring up to code and deed restrict it, you have an employee unit taken out of the Astor cont'd growth manage plan and have the right to replace it. Vann told Council if there is no stipulation to the quality of the units made into employee housing, then new construction is being exempted from growth management and obtaining less than satisfactory housing that is replaced. Gideon Kaufman, representing the applicant, told Council he had been to every P & Z and Council meeting on this and never was there a requirement that Ms. Astor have to upgrade these units. It was not required by P & Z nor Council. Kaufman pointed out in all the deed restrictions, never has anyone been required to bring up to code. Kaufman said it is unfortunate to single out employee housing at the housing required to be brought up to code. The only reason this applicant can do the employee housing project is that the units are existing; they were built to code and are not sub-standard. Stock stated the units are inspected to determing to have new units and to deed restrict units to allow for new construction. Condominiumization is not to allow for new construction. Councilwoman Michael said Council did not want this project sabotaged. The planning office has suggested to approach this in terms of safety, not massive rebuild. How can Council address Ms. Astor's problems and address the code that is not flexible. Vann told Council his concern is primarily with the growth management exemption. The two new units are a growth management exemption. Vann said he could back off on strict compli- ance with the code, but did not have the answer from the legal point of view. Stock pointed out there is a list of items that do not meet the code; there is not a list of items not meeting health/safety codes. Stock told Council he did not know which items would be health/safety ones. Council can tell staff not to enforce codes. Councilman Van Ness said he could not find any legal or logical basis for requiring this to be up to code and not requiring every condominiumization to be up to code. Chapman said the legal problems is having inspected this and noted the violation, the city has assumed some liability. This is the city's exposure. Chapman told Council the only things on the list that bother him are the electrical code. Councilman Van Ness said the remedy is if something is a health hazard, to go to the site and shut it down. Vann asked if it would be agreeable if the subdivision agreement were drafted that this be brought up to a minimum compliance with safety and health codes with a inspection to look at any immenent health and safety violations, and these should be brought up. Kaufman said this is an arbitray and capricious thing. After signing an agreement, the city will make a determination which no one can agree upon. Kaufman.said the solution is not to require any of these things. Councilman Van Ness suggested approving the subdivision agreement and then dealing with the health and safety violation separately. This should not be dealt with as a condition of subdivision approval. Councilman Behrendt said as a separate issue, he would like to have a meeting on all codes in the community. Stock said with only the disagreement on the fire hydrant, the subdivision agreement seems appropriate as drafted. Mayor Edel said he felt the wishes of Council through the whole process were to get this project done. Councilman Van Ness~moved to approve the subdivision agreement and treat the problem of health and safety violations separately; seconded by Councilman Behrendt. Council asked the applicant how they would address the fire hydrant problem as it is important because the east end of King street is blocked off. There is a fire department access problem. Kaufman told Council that everyone on the block voted to put the rocks at the east end of the street; they should share in the fire hydrant costs like people share in sidewalk improvement districts. Mayor Edel asked the applicant to work the fire hydrant problem out with engineering. City engineer McArthur pointed out the agreement should include the curb gutter and sidewalk improvement district if one is formed. All in favor, Councilman Isaac abstained. Motion carried. MAYOR'S DEED - Aspen Skiing Corporation Mayor's Deed City Attorney Stock told Council the Ski Corp requested a Mayor's deed at Little Nell; Aspen Skiing the title insurance indicates a need for this. The city has certain rights on this Corporation property; the engineer department indicates the deed is appropriate and does protect the rights the city wishes to preserve. Councilman Van Ness moved to have the Mayor sign the deed; seconded by Councilman Behrendt. All in favor, motion carried. BUDGET TRANSFER - Attorney's Office Budget transf~ city attorney City Attorney Stock said that CETA had not received the funds they were anticipating and withdrawn funds to evaluate the project. Stock is asking approval to move funds around within his budget from purchased legal services and educational funds to a line item of a summer intern. Stock said the city will be settling the Plum Tree Inn suit rather than litigating and there will be some extra funds. Councilman Behrendt moved to approve the budget transfer; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to continue the meeting to Thursday, May 15; seconded by Councilman Van Ness. All in favor, motion carried. Council left Chambers at 10:45 p.m. K h ~~ ~n, ~ity Clerk