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HomeMy WebLinkAboutminutes.council.19800623 ~u~ ~,~ng Aspen ~lty ~ouncl± June 23, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Kinsley opened the meeting with Councilmembers Michael, Isaac, Behrendt, Collins, Mayor Edel and Commissioner Child present. 1. Overall Economic Development Plan Resolution. Brian Stafford told the Boards the changes have been made and copies are available for $10 for volume 1 and $5 for volume 2. Stafford said he is asking for a resolution of approval so he can turn this over to the EDA. This is not a legally binding document. Councilwoman Michael moved to approve the ~oint resolution on the OEDP; seconded by Counci~ man Collins. All in favor, motion carried. 2. Burnt Mountain/Little Annie's/Forest Service. Curt Stewart, county manager, told the Boards last Thursday they had a meeting relative to the joint review process for a permit Little Annie/ for Burnt Mountain. From this discussion, it is apparent there will be separate ES's Burnt Mountai~ On Burnt MOuntain and Little Annie's. This is a reversal of an oral commitment from the Forest Service Forest Service. In the joint review process, "no" on Burnt Mountain was anti,alternative, it is now learned this is not an alternative at all. The Forest Service has strongly stated their approval of Burnt Mountain as a permitted area. The effects of this are; it will not be an alternative to Little Annie, the review of Little Annie will be conducte~ with Burnt Mountain as a given, and Burnt Mountain can only be denied on the merits of their site specific application. The Forest Service will not consider the additional need for skiing. The process on the site specific of Burnt Mountain will include the Forest Service, Town of Snowmass Village and the Skiing Corporation. The city and county will have no official standing or input. This is totally different from the Little Annie process and contrary to the agreement Pitkin County has with the Forest Service. Commissioner Kinsley said this could be interpreted as a purposeful deterioration of any cooperative effort. Kinsley said he did not know there could be any action taken because of some uncertainty on the part of the Forest Service regarding some of the points that were raised. (Councilman Parry came into Chambers..) Kinsley said he thought the county was going to receive some feedback on some of these points. Mayor Edel told the Boards he and City Manager Chapman had attended a meeting in Glenwood Springs with the Forest Service, Craig Roupp, Tom Evans, Tom Richardson of the Skiing Corporation. Mayor Edel said he came out of the meeting with the understanding that CAST would have two meetings a year with the Forest Service to discuss overall policy and that no decision would be made unless CAST or individual communities.would be part of the process. Mayor Edel said he had received a letter more or less confirming this. City Manager Chapman said the staff needed some direction as to whether the Commissioners and Council agree with this posture of the Forest Service. If they do not agree, the staf~ has to suggest some alternatives; to explore what the legal actions or an amended process. Chapman said out of various meetings with elected officials and the skiing corporations, it was decided the first decision for the elected officials to make was just how much skiing capacity they wanted added in the next 10 years. The Forest Service felt there was enough information on hand to make that decision. That would answer the question of how many ski areas there will be, one or two. City Manager Chapman said the city and county have received a communication from the Fores~ Service outlining a proposed work program and asking for responses. Chapman suggested the three governmental entities appoint a sub-committee to work with the staff and review the work program and come up with a program all three can agree upon. Kinsley suggested determining exactly what the Forest Service's position is. If it is not going to change, to determine what to do legally in order to assure the agreement from the past with the Forest Service. County Attorney Stuller said there are two legal issues; whether the permit is enforceable, and whether the Forest Service contract with the County to consider Burnt Mountain as a "no" as one of the 10 alternatives in the ES is an enforceable agree- ment. Ms. Stuller said the County's view is that the entire need for additional skiing should be looked at, and the best of 10 alternatives will be selected. The Forest Service is now saying there will be two ES's, Little Annie with alternatives yes, no or phaSing and Burnt Mountain with yes, no or phasing. These will not be compared on their merits alone with other ski areas. Planning Director Karen Smith told the Boards she had looked at the memorandum of agree- ment for Burnt Mountain ES, and the only off-site impact appearing has to do with trans- portation. The memorandum for Little Annies talks about employee housing, transportation, and need for additional skiing. Kinsley stated the County has a contract with F:Orest Service and his position is that that contract be fulfilled. Commissioner Child said he was concerned because Little Annie will get hurt by this delay. Mayor Edel said he is not against the decision per se but how they arrived at the decision. Mayor Edel suggested putting pressure, congressmen, etc. and tell them the city and county are against the capriciousness of the decision. Kinsley said he supported that along with a determination of the options, legally, regarding the contract with the Forest Service. Bob Kevan, Mayor of Snowmass village, suggested the Boards ought to get the Forest Service's answers to the questions before anything is done. Kinsley said the Boards ought to proceed in the two directions that have been indicated, and hope to hear from the Forest Service as to e~actl' what their position is. Chapman said following the contract to the letter may take Little Annie out of the piCturs Chapman suggested sitting down and devising a work program that would keep all the options open. Chapman said the county could perhaps convince the Forest Service the original contract is correct, but if this forces Little Annie out of the picture it would not accomplish keeping the alternatives open. Ron Garfield, representing Little Annie, told the Boards they had asked the Forest Service to perform the agreement of 14 months ago, which is the preparation of the environmental statement for Little Annie with Burnt Mountain as an alternative. The issue is Little Annie signed a site specific agreement with the Forest Service, and subsequent the Forest Service made a decision t~ make one ES for both areas, not a study for Little Annie and study Burnt Mountain as an alternative. ReguLar Meeting ~p~ u~u3 ~uu~u~ Garfield told the Boards this decision means Little Annie has to wait for all studies and data to catch up, which is another 14 month delay. The Little Annie position is the Fores~ Service to perform the agreement as they had always promised, prepare an ES for Little Annie and study Burnt Mountain as an alternative. The Forest Service response last week is that Burnt Mountain is no longer an alternative, and they would use an environmental assessment, which is a much less testing process. Garfield said one has to assume Burnt Mountain is a given and it does not give Little Annie a chance to be compared to anyone. Little Annie/ Burnt Mt./ Councilman Behrendt said ~he felt the pressure was on the Skiing Corporation because they Forest Servi~ do not want to lose a valuable development right. Councilman Behrendt asked what would happen if the State would extend the existing rights of the Ski Corp. Garfield said he had heard Tom Evans state there is no problem extending this. Chapman stated the most important and basic questions is the decision of how much skiing do the elected officials wants to see in the next 10 years. If the answer is both have to be developed, the rest will flow fairly easily. Chapman said they have to resolve the issue as to how much the Forest Service will listen to any Boards. County Attorney Stuller teminded the Boards the Little Annie study begins is (1) shall there be additional skiing in Pitkin County, (2) if so, where?, The questions get more site specific from there. The process was designed so that Little Annie and Burnt Mountail would produce their own experts to answer those questions. Ms. Stuller pointed out the question of the need for additional skiing was an over-riding question two years ago which needed not only general but specific information. There were ten alternatives identified in the Little Annie Study. Ms. Stuller said the system broke down because Little Annie went ahead and invested time and money for research for their area, the Ski Corp did not do it With respect to Burnt Mountain. Therefore, there are lopsided results; Little Annie proceeded and Burnt Mountain did not. Now, it is found that Burnt Mountain is a permitted area and did not have to participate. Ms. Stutler said the system was designed so that when the studies were complete, the elected officials could say if they wanted additional skiing, when and where. Councilman Isaac said he would like to go with the suggestion to set up a study group, determine the legal alternatives, and go ahead with some lobbying-, and prepare a work program that City, County and Town of Snowmass Village can agree on. Mayor Edel said he would like to have the Forest Service here and face the issue with them. Mayor Edel said three committees should be formed; one, to met directly with the Forest Service; two, legal counsel for investigations as to what the options ought to be; and three, people to come up with a work program. The Boards decided to meet Thursday, the elected official! with the Forest Service, and the legal counsel should have their position together. Councilmembers Michael and Isaac were chosen from the city; Mayor Kevan and Jim Johnson from Snowmass Village, and the county said they would appoint someone to communicate with the Forest Service. The Ski Corp, Little Annie and other interested parties are to be invited. County Attorney Stutler said the County has a contract with the Forest Service in which they require all their permittees to apply and receive county permits before they get special use permits for activity on Forest Service land. The Forest Service has taken a position to exempt certain activities at Aspen Highlands. Ms. Stuller said she felt this comes within the agreement terms, and asked the commissioners to allow her to begin an appeal. The commissioners gave their okay. 3. Communications Agreement. Curt Stewart, County Manager, told Council the commissioner have already approved this. Stewart said presently there is a 41/41/18 split; however, Joint the actual of the communications center is 56 per cent city; 30 per cent county and 14 Cc~T~nications per cent Snowmass. Stewart said they will look at this usage for 12 months and come back Agreement in 1981 with a contract based on utilization. Stewart requested approval of the contract. Councilwoman Michael moved to approve the joint agreement for communications center; seconded by Councilman Isaac. All in favor, motion carried. 4. BLM Property Resource Inventory. Brian Stafford told the Boards the BLM has about 24,000 acres in the county, and targe portions are located in the Aspen metro area. B~MProperty Stafford met with the city staff to work out which lots are appropriate for public use, Resource uach as possible busway, lots city might use for a water tower site, lots adjacent to Inventory municipal boundary. There may be some interest in using the lower Smuggler area fore employee housing. The city currently has the Ute Trail area, which is BLM land, under lease. In parcel 3, there are lots around the base of Aspen mountain and on the Castle Creek side, which Stafford is recommending to be kept in the public use as ski recreationa or public use or to be turned over to the Forest Service. There are four lots along Shadow Mountain which have been recommended to go to the City for public use, primarily related to transportation and trails. Some lots the BLM will reserve for deer and elk. Stafford pointed out a .68 acre parcel on Red Mountain which could possibly be used as parking for Hunter Creek trail. Councilman Collins asked if the BLM sells lands to the city or county, do they set restrictions on the land. Stafford said if he identifies the land for public or recreational use, it must be used as described. When it goes to a private landowner, it cannot be deed restricted. Commissioner Child moved to authorize the Mayor and Chairman of the Board to sign the letter, given the changes as discussed; seconded by Councilman Behrendt. All in favor, motion carried. 5. Census Wage Subsidy. Stafford told Council that on June 13 the wages would exceed Fund request what the County and City had allowed for augmentation. Approximately 22 people have been census wages conducting the census at $5.50 per hour. Stafford told the workers there was no more money at augment the wages. Stafford asked the Boards if they wanted to fund the approximate $3,000 to augment the crew through the rest of the census. Councilman Behrend pointed out that Federal and State monies come through based on head count and every dollars put in here comes back in a multiplier. Councilwoman Michael moved that the city and county donate $3,000 to the census; $1062 from the city and $1663 from the county; seconded by Commissioner Child. All in favor, motion carried. 6. Effluent Reuse Study - Approved 1977. Tom Dunlop, environmental health officer, told the Boards in August 1977 they had approved $15,000 for land use study with effluent Fund request from the metro plant. In April 1978 the proposal was reduced to $10,000, which was effluent reuse approved as well. The sanitation district instructed their water.engineers to initiate study the study and the city and county were to split the bill. A purchase order was never issued. The money was put back into the general fund and spent. The city and county now owe $9288.15, to be split. Mayor Edel moved to approve the outstanding monies owed for the effluent study; seconded by Coramissioner Child. Ail in favor, motion carrie~. Jessie Morse, representing the Aspen Foundation for the Arts, Visual Arts Center and Fund request Roaring Fork Valley Artists, told the Boards four years ago they had conceived a show Roaring Fork~ which has grown in scope and quality. This year the show will be at the visual Arts Valley Center and will be juried by the director of a San Francisco arts theatre. Ms. Morse artists said last year the Council gave $500 for prize money and expenses and is present to see if the Council and Commissioners will give some money. Councilman Behrendt said the time for donation requests is in September during budget time. Commissioner Child said the county's April sales tax is down and they will have to hold off Commissioner Kinsley said the County only entertains requests for donations at one time of the year. Councilwoman Michael pointed out the arts groups are being funded from the real estate transfer tax and have have to adjust the donations down becuase of the lower tax collec- tions. Mayor Edel said Ms. Morse could come back in a month. COUNCIL MEETING ANNEXATION POLICY DISCUSSION City Manager Chapman told Council this is precipitated by a proposal made by Dick Fitz- Annexation gerald to do an employee housing project on the Pfister ranch west of town. The proposal policy was for 400 units, which Council felt was unacceptable. The Council directed staff to discussion work on the proposal. The proposal is 60 free market units in exchange for giving the west of town city enough land for up to 100 home ownership lots. The staff feels before this proposal Pfister can proceed, the issue of the city's policy regarding annexation needs to be discussed. The policy of the previous Council was that it was desirable to annex residential areas surrounding Aspen; however, annexations cause a loss of revenue to the city. Chapman pointed out the Pfister property is not contiguous to the city. Chapman said the options of Council are (1) not to have a policy, (2) consideration, annexations on a case by case basis, or (3) have the staff develop a comprehensive, overall policy. Commissioner Edwards said the thought of the city annexing to the Airport Business Center is overwhelming from a planning standpoint. The county has fought to contain growth and to have it occur contiguous to already developed areas. To annex~all the open space lands raises the expectations of the landowners for developing; the complexion of the entrace of Aspen would change entirely. Edwards told Council the County has been dealing with Pfister, who got approval for what he asked for in his initial application. Now he is playing the city against the county in the name of employee housing. Edwards said there are other solutions to employee housing that are more appropriate; the County has decided to build 60 units near the city project. There are a lot of adverse impacts in this proposal. Edwards said the County has spent a lot of time trying to keep the entrace to Aspen open space, agricultural and nice. Jim Reents pointed out this proposal is not from Pfister but from Fitzgerald investigating a potential for development. Karen Smith, planning director, said that P & Z had initiated a heavy planning effort for an annexation policy. Their general policy statements about municipal annexations are (1) annexation should be limited to urbanized areas and not include areas which are primarily open and not in need of city services; (2) city should avoid complicated proble~ and solutions; (3) since growth and land use restrictions are an integral part of both jurisdiction's codes, the more restrictive should apply in annexation; (4) it is not desirable to extend fingers of municipal incorporation out linearly and separating areas. Councilwoman Michael said this is an abnormal circumstance because of the trade off of employee housing. Council is not interested in annexing for the sake of annexing. If anyone has a conflict with the county, they will come to the city and the policies of controlled growth between the two are dissimilar. Commissioner Child pointed out there are some logical extensions, when areas are contiguous and people have a political interest with the city. This piece of land is rural in nature and isolated from the city; all the services are not there. Councilman Collins said he felt the first criteria for annexing is that the land should be'urban in character, and it should be contiguous. Councilman Collins said not annexing does not preclude'housing because it is being done by the county. Councilman Collins said he would like more i~put from the planning staff, and how much this costs in terms of services, extensions, etc. City Attorney Stock told Council the staff had done a study on the cost of annexation about two years ago. Becuase of the small income from property tax received and the extra cost of service, it would cost the city allot of money. Commissioner Kinsley asked what there is about the city's jurisdiction that makes it more valuable to the public for the city to have jurisdiction at Pfister than the county. Mayor Edel said the benefi~ is getting employee housing, 100 building sites. Regular Meeting aspen u±uy uuu~Ju~z ~, Councilman Collins questioned the trade off in terms of costs to the city to provide the extra services such as roads, maintenance, police and fire protection. Annexation Councilman Isaac moved to adopt the P & Z policy on annexation; four points, limit growth policy to urbanized areas, avoid complicated solutions to problems, more restrictive codes shoul, cont'd prevail, avoid leapfrog growth, and availability of services; and to look at annexation on a case by case basis; seconded by Councilman Collins. Councilman Behrendt suggested adding incorporate those areas already urbanized and adjacent. Councilman Isaac agreed. Councilman Van Ness pointed Out this does not address how and When to make exemptions for employee housing projects, nor does this address the question of cost versus benefits. Councilman Van Ness said in any annexation, the Council should look at the cost to the cit' Commissioner Child suggested three questions of an annexation; (1) is it a logical additioi~, (2) do facilities exist in the area - transportation, water sewer, etc., and (3) what is the financial impact to the city. Chapman told Council he was looking for a direction on Pfister land. All in favor, with the exception of Councilman Van Ness and Mayor Edel. Motion carried. Councilman Behrendt moved that at this time the Council decline proceeding further with the Fitzgerald party on the Pfister property annexation and refer them to the County for further negotiations; seconded by Councilman Collins. Councilman Behrendt pointed out the County has worked out a solution for this property which is reasonable and does have employee housing in it. Councilman Behrendt said he would not like to see a mini-city on the land. Councilwoman Michael said She would like to pursue the Pfister proposal for the overriding concern of employee housing. Councilman Van Ness said he felt the employee housing problem is the most serious problem ~e city has, with large ramifications to the business community. Councilman Parry agreed he would like to pursue the proposal and see what could be worked out. Councilman Isaac said this proposal is really growth; it is not contiguous to the city and is not appropriate at this time. Commissioner Kinsley said the implication of going along with any proposal like this is to give up what the county has been fighting for for 10 years; giving up the farm in order to make a very small dent. Councilmembers Collins, Isaac and Behrendt in favor; Councilmember Parry, Michael, Van Nes and Mayor Edel opposed. Motion NOT carried. Councilman Parry moved to have City Manager Chapman continue with study on this to deter- mine how best to annex the property and to continue further talks with Fitzgerald or any- one interested in developing the property, with detailed costs of city services required; seconded by Councilwoman Michael. Mayor Edel said his only rationale for annexing would be to get a great deal in employee housing. Councilman Behrendt said he would like a comparison between the county approval for this land and the city proposal. Chapman said the Fitzgerald proposal is for 68 free market units; the city would get enough land for a minimum of 100 employee housing units. The bottom line on employee Units will be fixed by the city. Lee Pardee, P & Z member, pointed out the city has a well established policy concerning employee housing and one of those is unless it is a 70/30 proposal, it has to go through growth management. There are people willing to go through growth management. The only time P & Z will see this is for a determination of zoning. Councilman Behrendt said on a 70/30 ratio, this would produce 300 units at the entrance of the city. Councilmembers Parry, Michael and Mayor Edel in favor, Councilmembers Isaac, Behrendt, Collins, and Van Ness opposed. Motion NOT carried. Councilman Van Ness moved to have Chapman continue negotiations with the people involved in the Pfister property with an eye toward bringing the whole project into compliance with the city's existing laws, namely the 70/30 law; seconded by Councilwoman Michael. Councilmembers Parry, Michael, Van Ness and Mayor Edel in favor; Councilmembers Collins, Isaac and Behrendt opposed. Motion carried. MINUTES Councilman Parry moved to approve the minutes of May 12, 1980; seconded by Councilman Van Ness. All in favor, motion carried. CITIZEN PARTICIPATION 1. Jim Martin expressed concern over the noise pollution. Martin leaves in the core Noise pollution area and it is unnecessarily noisy. Cooper avenue is a drag street; the sound systems in night clubs really are blasting; idling diesels are another problem. Martin told Council Tom Dunlop has measured the ambiant background at 55 decibels, which is the maximum at night be state statute. Any other noise one can hear is above state statute. Dunlop is working on an ordinance to put some teeth into the enforcement. Martin said he would like to see Council clean up the noise pollution. Tom Dunlop told Council he is getting outside advise to write this ordinance because it is fairly complicated. Dunlop said he would like to make sure it is suitable. 2. Sally Porter told Council she would like to get permission to sell flowers on the Vend flowers mall. Mayor Edel suggested she deal with the City Manager to find out the process and no~ in mall to sell flowers in the interim. Councilman Behrendt said he would like enforcement of things creeping out on the mall and on sidewalks. COUNCILMEMBER COMMENTS 1. Councilman Van Ness said he had heard the ponce are cracking down on the open contain~ law. The police have observed thousands of violations of this open container law. Councilman Van Ness said if anyone was arrested, it would be thrown out of court. The violations of this law have been totally ignored by the police. Councilman Van Ness said the council ought to look at these laws. Mayor Edel said there must be a reason why these laws are on the books. CounCilman Behrendt said the policy should have been enforcing this law all along. Councilman Parry pointed out this is a state liquor law, drinks are not allowed outside a licensed premise. Chapman told Council the policy of the police is~ to warn peOple and to pour their drink out. Councilman Van Ness said he would like Chapm~n and Rob McClung to research this and report back to Council. 2. Councilman Isaac said he had received a complaint about bicycles being ridden on the Bicycles on sidewalks and in the malls. This is hard on the pedestrians. Councilman Isaac said he sidewalks would like some enforcement of the ordinance of no bicycles on the sidewalk. Businesses 3. Councilman Isaac said he would like to see businesses cleaning up their act of sellin~ selling outsid outside. The town is looking real tacky. 4. Councilman Behrendt said there are some small apartment houses that will be on the market in the future and would be good for employee housing. Councilman Behrendt asked Council if they would like this brought to the City Manager. Council agreed. 5. Councilman Behrendt said the Council should meet to discuss the salary of the City Attorney. This should be done at the next Council session. 6. Councilman Behrendt said Aspen Trash announced a 30 per cent increase to everyone. Councilman Behrendt said there has been changes in the state regulations and he would lik~ an update from the City Manager. Councilman Behrendt suggested discussing opening the franchise. Ditches 7. Councilman Behrendt requested a report on the ditches, how they are working, which ones are not, and a map of where they are, system study and what it will cost to make it run. 8. Councilwoman Michael asked for a report on Hillyard Park. City Manager Chapman told Hillyardp~rk Council parks director Jim Holland has set up a mowing schedule; most of the areas will be done once a week. Chapman said if the Council wants a faster schedule, a person and a mower will have to be added. The mower would cost $15,000 plus manpower. Tot lot 9. Mayor Edel asked about the park near the golf course. Chapman said that park is not (park near on the mowing schedule. Chapman said there is a list of areas that have been added in th golf course) last few years, without any additional people. The areas have expanded 33 per cent with no consideration for more money. Mayor Edel said this ought to be looked at in budget. SPECIAL EVENT PERMIT - Aspen Historical Society Special Event Permit -Aspen Councilman Behrendt moved to approve the permit for July 25; seconded by Councilman Parry ~istorical All in favor, motion carried. Society Jane Jenkins, president of the Historical Society, invited Council for a tour of the museum on July 10. ASPEN INSTITUTE Aspen Mayor Edel asked about the real estate transfer tax on this sale. City Attorney Stock Institute told Council there will ve real estate transfer tax involved; the sale of more than 50 (Sale of) per cent of stock of any corporation which holds property and its major asset is that property, is a transfer and there will be tax. Andy Hecht told Council that Hans Cantrup, purchaser of the Institute, would like to reaffirm his commitment to the Institute and the M~A.A. Cantrup would like to meet with the Council and give some idea of what he is thinking, which has nothing to do with a tourist hotel in the West End. Council scheduled the meeting for Wednesday, July 9. APPLICATION FOR LIQUOR LICENSE - The Firehouse Tavern Application fo] 3-way liquor Mayor Edel opened the public hearing. City Clerk reported files, posting and publication license were in order. Firehouse Tavern Buzzy Ware, the applicant, told Council he is trying to pay the bad debts. They have purchased the old Sub Shoppe. Councilman Isaac asked what type of operation it would be. Ware said they have also leased the upstairs, which will have liquor and an oyster bar. The downstairs will be fast food, sit down services with sandwiches and a couple of small dishes and will be served from 11 a.m. to 8 p.m. The food will be inexpensive. The upstairs is 760 square feet and the downstairs is 900. Mayor Edel asked for opponents. There were none. Mayor Edel closed the public hearing. Councilman Behrendt moved that based on the evidence presented at a public hearing held July 23, 1980, relating to the application of the Firehouse Tavern located at 415. E. Hopkins, for a three-way liquor license, Council finds the needs of the community have not been met and the license is hereby granted; seconded by Councilman Parry. All in favor, motion carried. VENDING APPLICATION - Memories Vending Sheila Kay presented a picture of what proposing to use. Ms. Kay explained this would be application taking photographs of events going on, people in the mall. The picture can be put on M~ories buttons. Mayor Edel said historically vending wares in the mall or in the city has not been looked on with favor. Council has to address itself to the whole concept of vending Councilman Behrendt noted that the first vending contract, Peppermint Patti, has been successful. There has been one other contract issued, and Councilman Behrendt said he would like to stay with that and do no more at this time. Councilman Behrendt noted ther~ are places on private property that these types of operation can be done. Councilwoman Michael said this would have to be licensed if it were to go on the streets and would it pass state license test. Councilwoman Michael said she did not know how the Council could say yes to one applicant and turn down another. Ms. Kay said this does not necessarily have to be in the mall. City Attorney Stock told Council their ordinance does give them the ability to limit the number of vending licenses granted. The ordinance give Council the right to look at the character and flavor of a particular vendor. Councilwoman Michael moved to approve Memories' license request provided she provides a vehicle that can be licenses by the state and no use of the mall. Motion DIES for lack of a second. Councilman Isaac moved to deny the request for vending license for the proposal as present d; seconded by Councilman Behrendt. Councilman Collins pointed out the Council just recently granted a license for a similar venture, cookie vending. Councilman Collins said before this proliferates, Council ought to look at how the others are working. All in favor, motion carried. MALL LEASES - Paragon, R. Pea's, Aspen Mine Company Mall leases City Attorney Stock told Council these are leases to allow restaurants to serve in the Paragon, R. Peas mall. Last year there were five applications; this year three. When this originated, Mine Company the rent was $1.00 per square foot per year with a 6 per cent increase per year. This year it is $1.19. These leasea rea identical to the ones approved for the last 3 years. Councilman Van Ness moved to approve the leases to Aspen Mine Company, Paragon, R. Pea's; seconded by Councilman Collins. Councilwoman Michael abstained due to conflict of intere~ :. All in favor, motion carried. Councilman Behrendt brought up the noise complaints against the Paragon. City Attorney Stock told Council they have received complaints and have taken noise readings, which Paragon - were over the state noise levels. The city issued a show cause order, and the Paragon noise has 7 days to show cause why they should not be prosecuted for noise levels violations, cc~laints This is the third summer this has happened. Councilman Behrendt said he would like to make the mall lease contingent upon them keeping their windows closed. Dunlop told Council the Paragon has been notified two years in writing about this. Councilman Behrendt moved to condition approval for the Paragon Parlor in that if they do not comply with state noise standards, their rights to use the mall will be revoked and they must keep ~heir windows closed; seconded by Councilman Isaac. Mayor Edel said he felt it would be best if the Paragon were asked to stick to state standards. There might be a better alternative than closing the windows. Councilman Behrendt said would have to be continuously monitored. Councilman Van Ness said he did not think the city should condition leases to misbehavior. The way to solve this problem is to take them to court. Councilman Isaac withdrew his section. Motion DIES for lack of second. Mayor Edel said they have abused this too often. Mayor Edel said the city's action should be more punitive; they have been doing this 3 years. TRANSPORTATION OFFICE SPACE LEASE City Manager Chapman requested this be tabled. Councilman Van Ness moved to table to July 14, 1980; seconded by Councilman Parry. All in favor, motion carried. HOUSING TASK FORCE REPORT HousingTask Jim Reents, housing director, said the task force has been working since October to define Force report the employee housing problem and to analyze the supply and demand factor involved and to make recommendations to Council for housing goals and objectiVes. The task force identifJ ~d a housing short fall of 250 units in 1979, with an annual short fall of 67 units per year. The report lists, without preference, 36 separate actions that could be taken by the city and county to impact the issues of employee housing. Reents said the staff is looking for Council to prioritize these actions. Reents proposed Council adopt the housing task force report and action plan, and prioritize the actions that are proposed. Reents told Council the assumption was made regarding large developments, a requirement ir the approval process that the development itself would handle a substantial amount of the problem. Reents told Council this year will produce approximately 108 rental units and 28 sale units; 136~units produced with the annual short fall over two years is 134. At this end of this building season the total short fall will be 248 units. Councilman Behrendt asked if, as a result of some legislation Council has passed, new units were being produced. Reents said the potential in the 1979-80 building season was 168 units; however, due to economics this is a little short. In the next building season about 82-92 units, and a 'long range potential of 1100 units. Councilman Van Ness moved to approve the housing task force report as a significant step towards solving the employee housing problem; seconded by Councilwoman Michael. Councilman Collins asked if there were 100 new residentS, what is the additional support needed. Reents said there are several theories, from 2/3's of a job to 1.5 for every additional resident. There is an impact in the community for moving residents in. Councilman Collins said under the 70/30 ordinance, to support that 100 another 100 would have to be provided. Reents said there is a commercial core that provides services and for every resident brought into the valley, it is not true an additional employee is need~i. Councilman Behrendt said this is trying to strike a balance in the community, not solving the housing problem. Councilman Van Ness pointed out that no additional jobs are being created, this is attempting to relocate employees and allow them live in town. Council- man Collins argued you cannot bring in more people without increasing the work force, teachers, fireman, police, There is no question but that growth begats growth. Council- woman Michael said new generation happens but it is not so radical as 1-1/2 employees until the problems of substandard and overcrowded housing in town is solved. Ms. Smith told Council the housing action plan was framed as an evolutionary document and does not claim to have all the correct answers. The plan identifies a deficit and an annual need; it can be reviewed and changed. All in favor, motion carried. Councilman Behrendt asked the Mayor to write a letter to all participants in the housing task force and plan. SUBDIVISION EXEMPTION - Chapmas Subdivision Sunny Vann, planning office, told Council this is a proposed condominiumization for a Ex~ption - structure located at 222 West Hopkins. It is zoned R~6, and is 6,000 square feet. It Cha~as is a non-conforming use and a non-conforming structure. This structure contains 3 one- (one ~ployee bedroom units, t two-bedroom, and 1 five-bedroom units. Five units are renter occupied unit) and one falls within the city's housing price guidelines based on the size of the units and the rents charged. The engineering department recommends approval subject to revisior and resubmission of the improvements survey and agreement to enter into a sidewalk agreement. The city attorney recommends approval subject to the notice and options provisions and the six month rental restrictions. The applicant has offered to deed restrict the five-bedroom unit, rather than the one- bedroom unit which falls within the guidelines, and to restrict it to moderate guidelines for rent or sale for 10 years. Vann stated this is a non-conforming structure; however, Council's recent revision of 24-9(c) allows condominiumization of non-conforming structures. The planning office recommends approval subject to the engineer and attorney comments. Gideon Kaufman, representing the applicant, told Council the smaller units are in front and the large unit is in back. The plan is to upgrade the front unit and the back will be sold to business as employee housing. Councilman Behrendt asked if Council could make a site inspection before a decision is made. Kaufman told Council they are complying wit~ the laws on the books; putting an inspection on this applicant is not standard rules. Councilman Isaac said the rent prices look very consistent with the city's housing Price guidelines and asked how much higher they were. Kaufman answered $50 to $100 over for each because they are so small. Councilman Isaac said this is loosing low income housing Councilman Behrendt asked to see a set of blueprints. Kaufman objected because other applicants are not asked to do this. Councilman Behrendt said this proposal would be totally gutting employee housing. Councilman Collins asked if these units have to meet certain standards of the city, size, wiring, exits, etc. City Manager Chapman said if it is going to be remodeled up to a certain extent, they have to meet code. Vann told ,Counc 1 the engineering department did nOae code violations which came up at P & Z. The P & Z felts strongly about this and asked the planning office as part of the condominiumization changes to look at health and safety violations. However, the P & Z felt it was inappro- priate to burden this particular applicant when it has not applied to anyone else. Councilman Van Ness said Council has passed ordinances; they have complied with these and are entitled to approval Councilman Van Ness moved to approve the Chapmas subdivision exemption subject to the engineering comments; six month minimum lease restriction, notice and option provisision and a 10 year restriction on the five-bedroom units in the moderate price restrictions; seconded by Councilman Parry. (The engineering comments are resubmitting improvement survey including area and structures for common use; location of existing driveways and parking areas; and required to join a sidewalk improvement district). Kaufman asked that once the employee unit is upgraded, the applicant has.the right to come in and raise the price from moderate to middle income price range. Reents told Council that any applicant has this right if they can justify an increase because of improvements made and money invested. Council has the right to say no. All in favor, with.the.~exception of Councilmembers Isaac and Behrendt. Motion carried. SUBDIVISION EXEMPTION - Duvike Subdivision Exemption Sunny Vann told Council this building is located in the commercial core on the Hyman Duvike Avenue mall. The structure is on a 3,000 square foot lot. The basement and ground floor are commercial space; second floor is commercial and residential purposes. The residential units are 330 square feet and the rental prices exceed the housing price guidelines and have not been used continuously for employee housing. The engineering department recommends approval subject to resubmission of a plat to show various items and agreement to underground conduit. The planning office recommends approval subject to the engineer's memorandum; P & Z concurred with a change, "Applicant shall resolve electrical cab~-problem to the satisfaction of the engineering department prior to sale of any individual condominiumized units". Vann told Council P & Z had attached to the approval of the Red Onion, if the second floo~ is to be used for commercial, it must go through growth management review. Vann said i~ this may or may not be applicable to this approval. Kaufman outlined the uses in the '1! building, on the second floor one unit was a kitchen for a previous restaurant and the il other two were leased with the commercial space. Some of the renters have put offices or allowed employees to stay there. The intention has always been commercial, but renters have mixed the uses. The plan is to make the second floor one commercial space. Councilman Parry moved to approve the Duvike subdivision exemption subject to engineering comments; seconded by Councilwoman Michael. (Engineering comments are: (1! owner resubmit condominium map to show (a)indicate individual condominium units, (b) indicate areas reserved for common use; (c) show all survey monuments found and set; (d) indicate on-site traSh facilities; (e) show individual parking spaces and indicate whether parking will be permitted in front of the walk in cooler; (2) Owner/applicant shall resolve electrical cable problem to the satisfaction of the engineering department prior to sale of any individual condominiumized units.) Councilman Isaac asked if the original permit were checked to see what kind of uses were designed for this building. Kaufman said this building was built in the 1940's and the records don't go back that far. Council suggested a Study session to go over enforcement and condominiumization policy. All in favor, motion carried. EMPLOYEE HOUSING SPECIAL REVIEW and BONUS FAR - Forge Building 5~ployee Sunny Vann told Council the Forge building applied to P & Z for special review approval Housing and FAR bonus to enlarge the existing Forge building, include an employee housing unit Special and for parking reduction. These were approved by P & Z. The employee unit required Review Council approval. The condition attached by P & Z was the redesigned building~ site plan Forge and parking should be approved by engineering prior to a building permit. There is some Building problem with the parking layout; the applicant is going to the Board of Adjustment for a variance. The planning office recommends the approval for an employee housing unit be tabled unit the parking is resolved. Don Ensign, Design Workshop, told Council he understood the two matters, parking and the employee unit/FAR bonus, were separate. Vann said if the applicant cannot resolve the parking problem, the approval of the employee unit is moot. Vann told Council the appli- cant has been granted an FAR bonus and has been granted a reduction in parking; however, the issuance of the building permit is contingent upon a resolution of the site planning of the parking. Since the employee housing unit is exempt 'from growth management, it must receive Council approval. Vann recommends delaying that approval until the stipu- lations imposed upon FAR and parking by P & Z have been met. City engineer Dan McArthur told Council the Code requires so many parking spaces per square footage; it also says one can get a reduction. The applicant has already gotten that reduction and still cannot meet his parking space requirement. Until the parking is solved, the building cannot be built. Vann said in the event the Board of Adjustment does not grant a variance, the building will have to be re-designed. The planning office asked that until they see the redesigGed building, why approve the employee unit. Councilman Behrendt moved that in the event they can build the building and in the event they can put a moderate income housing unit in, it is approved; seconded by Councilman Van Ness. Vann pointed out the approval is for a 900 square foot two-bedroom moderate income unit. All in favor, motion carried. ORDINANCE ~24, SERIES OF 1980 - Employee Housing/Chapman Councilman Parry moved to read Ordinance ~24, Series of 1980; seconded by Councilman Van Ord. 24, 1980 Ness. All in favor, motion carried. ~ployeeHousin Chapman ORDINANCE #24 & Freers (Series of 1980) AN ORDINANCE RATIFYING A PRUCHASE, SALE, AND OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND JANICE CHAPMAN PROVIDING FOR THE SALE OF UNIT 1 OF CHAPMAN CONDOMINIUM BY THE CITY OF ASPEN TO JANICE CHAPMAN was read by the city clerk Mayor Edel opened the public hearing. Jim Martin said Cemetery Lane is a highly impacted area, and will this be the maximum density permitted. Martin said he understood this was acquired as open space with 6th penny funds. Mayor Edel Stated the city researched that; it was outside of that provence and was bought with the provision the city could do most anything with it. James Hall, owner of the adjacent lot, said there is a dispUt in this area, and he is concerned about approving something before it is thoroughly researched. Hall said he wanted to be certain the property boundary is correct. Hall asked who decides who or what employees have the right to these particular units. Hall said he would like Council to be certain it has the prerogative to say which employees have the rights to these unit Mayor Edel said the Council and staff have done a lot of work and research into this. There was no way the city could get a city manager without housing. The same problem existed:lwith the superintendent of schools. They w~nt through a process throughout city hall to see who wanted the other half of the duplex to maximize the use of the area. Mayor Edel said ~all city employees knew about this. City Engineer McArthur told Council his department was in the process of surveying the property. Councilman Van Ness pointed out this issue has been before Council at least 3 times. City Manager Chapman said there will be title insurance. Also Wally Mills suit against the city he lost and his appeal was dismissed. Councilman Behrendt brought up the termination clause; asked what the timing is and at what point exercise option. Chapman told Council the agreement reads that the city exercises its option upon written notification to him; from that point he has 120 days to move. This fits in with the rehiring process. Mayor Edel said if Chapman stayed witt the city employ but moved somewhere elSe, the unit should stay in the employee market. Mayor Edel~ said he WoUtd like this Spelled out in the contract. Stock said it was not anticipated these individuals would be able to pay for two living spaces. Also, they were trying to avoid too many restrictions, so they made the clause a right of first refusal rather than an option. Councilman Behrendt suggested a phrase, "in the event thi employee no longer resides in this unit, the City shall have the right to exercise its option." Stock suggested adding language in 7(b) "if buyer proposes to sell unit or discontinues use of unit as primarily dwelling . " ~=gu~ ~u~9 Aspen C~ty Council June 23, 1980 Councilman Isaac brought up the cost of the land to the city, which was $3100 per unit, and are selling it for $1. Councilman Behrendt pointed out the reason for the low cost is the city would have to pay it to buy the unit back, and the idea is to underwrite the land. Chapman said the resale is to escalate the construction price by 7 per cent per yea~ that's simple interest. All improvements that will add to the value of the house, have to be approved by Council. There is a provision in the contract for "sweat equity" that Chapman would put into it, based on two estimates and the average of these. Councilman Isaac brought up permit and tap fees. Chapman said he felt awkWard suggesting Waiving Fees waiving the water tap fees because it is a cost to the city; however, he would discuss waiving the park dedication fees. This was discussed on the water plant project. City Attorney Stock reco~ended the park dedication fee be waived this has been done in some other employee housing projects. In the past, the city has not waived the water tap, PIFs or building permit fees except city construction. Councilman Behrendt said he would like to not waive it because these people come back for more parks, people with families. Stock told Council this would be $6250 per unit. Councilman Behrendt moved to waive no fees. Motion DIES for lack of. Councilman Isaac moved to waive park dedication fees. Councilwoman Michael seconded Councilman Behrendt's motion to waive no fees. All in favor with the exception of Councilman Isaac. Motion carried. Councilman Isaac brought up the resale at<l. 7 per cent per year. Mayor Edel said he wo~ld go for a clause saying the rate of inflation or 7 per cent whichever is lowest. Chapman said the most important thing is the cost of financing; the rate of inflation will not affect the occupancy cOsts. Councilman Behrendt suggested waiting on this until Chapman has financing, Chapman's only caution was in regard to the IRS position on leasehold or ownership. Council asked Stock to write in the clause of 7 per cent or the rate of inflation, whichever is less. Chapman said he would like to ask the tax attorney. Councilwoman Michael moved to adopt Ordinances #24 and #25, Series of 1980; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Collins, aye; Isaac, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. City Attorney Stock requested Council grant special review approval under the growth management plan to allow the duplex to be construction. Council must decide this type of housing is needed and grant exemption from the growth management plan. Councilman Parry moved to grant special review approval; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #14, SERIES OF 1980 - Assuming Plum Tree Inn NOtes P~so. 14, 1980 Assuming Pi~ Chapman reminded Council this was tabled two weeks ago because of overdue rent. The rent Tree Inn has been paid. Stock told Council these notes will become debts of the city of Aspen. Notes The notes with the bank in Denver will remain those of Number Two Main because of security. Mayor Edel asked if the city was setting themselves up in any manner with this agreement. Chapman said he could not foresee any obvious problems. Stock said problems could occur between now and closing; however, the city will not sign anything until everything on their side is completed. Councilman Behrendt moved to read Resolution #14, Series of 1980; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION NO. 14 (Series of 1980) WHEREAS, the Aspen City Council has approved a settlement of litigation between the Number Two Main Corporation and the City of Aspen which requires, in part, the assumption by the City of Aspen of a loan payable by the Number Two Main Corporation and held by the Bank of Aspen, and WHEREAS, if the notes are rewritten as an obligation of the City of Aspen, the Bank of Aspen can grant to the City a tax- exempt interest rate, and WHEREAS, it is the intent of the Council to either lease or sell the Plum Tree Inn and the City Council anticipates funds from such lease or sale sufficient to pay the debt incurred by the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council does hereby authorize the City of Aspen to borrow from the Bank of Aspen One Hundred Forty-seven Thousand Two Hundred Seventy-one Dollars and Sixty-five Cents ($147,271.65) at the annual rate of percent ( %) due and payable on or before June 5, 1981. Section 2 That the City Council does hereby authorize the City Manager to execute, on behalf of the City of Aspen, all documents, includ- ing a demand note, necessary to consummate the loan described in Section 1 above for the purposes of satisfying the debt owed by the Number Two Main Corporation to the Bank of Aspen described above. Council questioned the interest rate. Chapman said he had discussed lql/2 above prime. Councilman Behrendt said the city is bailing the Bank of Aspen out of a bad note and should be getting less than 10 per cent. Councilman Parry suggested Chapman negotiate with the bank and come back to Council. Councilman Behrendt moved to table Resolution 914, Series of 1980; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #26, SERIES OF 1980 - Amendment to 24-3.7(k) to resolve Housing Overlay conflict Ord. 26,1980 Housing overlay City Attorney Stock told Council this item has to go back to P & Z and is just an informa- Conflict to tional item. P&Z ORDINANCE ~27 SERIES OF 1980 - Amending Powers of the Mayor ORd. 27, 1980 City AttOrney Stock told Council the Mayor cannot be appointed deputy municipal judge for Amending powers a day, and this ordinance amends the power of the Mayor so that he can solemnize a of Mayor marriage ceremony. Stock asked Council to set the public hearing for July 9. Councilman Behrendt moved to read Ordinance ~27, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~27 Series of 1980) was read by the city clerk. Councilman Van Ness moved to adoPt Ordinance #27, Series of 1980; seconded by Councilman Isaac. Roll call Vote; Councilmembers Parry, aye; Collins, aye; Van Ness, aye; Michael, aye; Isaac, aye; Behrendt, aye. Motion carried. ORDINANCE #28, SERIES OF 1980 Historic Designation Oliphant Residence -- Ord. 28, 1980 Sunny Vann, Planning office~ told Council this is in a subdivision approved in 1977 which Historic subdivided 7 lots on Lake avenue into 5 new lots. The approval was given with a require- Designation of ment that all existing structures receive historic designation so that the HPC could Oliphant control the size and renovation of the buildings. Mayor Edel said this building was bein~ Residence torn down. Councilman Isaac moved to read Ordinance ~28, Series of 1980; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~28 (Series of 1980) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE OLIPHANT RESIDENCE CONSISTING OF LOT 19, BLOCK 103, HALLAM ADDITION was read by the city clerk Councilman Isaac moved to adopt Ordinance #28, Series of 1980; seconded by Councilman Van Ness. Roll call vote; Councilmembers Behrendt, nay~ Collins, aye; Van Ness, aye; Michael, aye; Isaac, aye; Parry, aye; Mayor Edel, nay. Motion carried. EXTENSION OF SUMMIT STREET Extension of City Attorney Stock had submitted the file and told Council the agreement was with S~L~t Street Burk/Brevard builders for the subdivision. They were to pay for the acquisition of the land. Burk/Brevard no longer exists and no one will stand up for the acquisition. The only tie now is with the current owners of the Mountain Queen condominiums, who were not parties to the agreement and will not pay. Stock told Council Cantrup is prepared to give the land to the city at no cost with two provisos; the land underneath the road is left in Cantrup's hands for density calculations, and the land underneath the road is considere, to be part of a lot up there, this widens the lot by a foot and a half. Ashley Anderson, representing Cantrup, told Council this would allow a duplex to be built by right. This is a 6,000 square foot lot which is narrow by a foot and a half. If this deal is approved Cantrup can take that foot and a half of the next lot, apPly it to this one and build a duplex by right and the city gets a road for nothing. Mayor Edel asked who pays for the road. Anderson said the city does. Anderson told Council this came to a head when there was a fire up there and the fire trucks could not get there. The city does have a responsibility in approving the develop- ment. Mayor Edel said the applicant should build the road. Councilman Van Ness moved to accept the dedication of the street including paved with gutters up to city standards in exchange for including the areas of the street for density purposes for the adjoining lots and including switching the 1.7 feet from one lot to the other in StOck's memorandum; seconded by Councilman Parry. Councilman Van Ness amended his motion to include they will agree to join a sidewalk district when one is formed. Councilman Van Ness amended his motion to direct the attorney to draw up the proper docu- ments; Councilman Parry seconded. Councilman Collins said he would like this reviewed by the engi'neering department and the fire department. This is a messy area and he would like to make sure this is correct. All in favor, motion carried. Councilman Behrendt asked the city manager and city attorney to look into the condominium- ization code and give CoUncil some generally apply rules so that before a structure is condominiumized it meets minimal fire, safety and health standards. Councilman Parry said the planning office is working on this and will schedule a meeting. 2915 Regular Meeting Aspen City Council, June 23, 1980 VRANY SUIT UPDATE Vrany suit Stock reminded Council Lada Vrany was hired by the city to do the third floor. The contract price was $64,500 and during the construction the city asked for a number of update changes. The change orders were issued and Vrany never requested additional funds. (City hall After the completion of the project, the city paid $79 more than the contract; Vrany remodel) asked for an additional $70,000 and the city said no. The city received mechanics liens by material men for $14,000, which the city paid. The city. and Vrany attempted a settle- ment. Vrany then filed suit asking to be paid more than twice the contract price. This suit has been pending with no prosecution. Stock told Council he believed the city can collect the $14,000 of liens they paid. Stock asked Council if they wished him to procee~ to prosecute the city's side. Council asked why outside help was required. Stock said he did not have the time. Councilman Van Ness said there were a lot of changes which probably entitle Vrany to more than the contract price; however he did not get written confirmation. Stock said he did get written confirmation but always said he could do it within the contract price. Had he said it would have cost more, the city might not have asked him to do the changes. Mayor Edel said he would rather leave it lay. Councilman Van Ness said going after Vrany may generate ill will in town. Council agreed to do nothing. Councilman Van Ness moved to adjourn at 10:50 p.m.; seconded by Councilman Isaac. All in favor, motion carried. ~ Kathr~ S. Koch, City Clerk