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HomeMy WebLinkAboutminutes.council.19800714 Regular Meeting Aspen City Council July 14, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS - Mayor Edel called the meeting to order at 4~10 with Commissioners Kinsley and Child, and Councilmembers Michael, Isaac, Parry, and Van Ness. 1. Data Processing Contract. Tom Oken, county finance director, told the Boards they Data Processing have made two changes in the structure of data processing. This is a joint department Contract supervised by the city finance director, and giving the finance director goals was the steering committee. This contract will turn the direct supervision of the department over to the data processing head rather than as a subset of the finance department. Oken explained that DP has grown to be complex enough so that no finance director could adequately supervise the department. The contract suggests upgrading the supervisor of th department to a department head with full responsibilities of supervision of personnel and setting internal goals, etc. This contract also changes the membership of the steering committee to include users of DP on the steering committee. Councilman Isaac asked if the county paid part of the utilities. City Manager Chapman said it would be hard to trace back exactly what is attributable to DP in the utilities bills. Oken said he would not have any problems incorporating that in the budget. Councilman Isaac suggested bringing the idea of sharin¢ utilities in at budget time. Councilman Van Ness moved to approve the data processing contract; seconded by Councilwom~ Michael. Commissioner Child brought up the possible need for a back up system. Oken said he would present that to the steering committee. Commissioner Child suggested adding into section 3 in the list of responsibility of the steering committee that they respond to the auditor comment regarding a ~ack up system. All in favor, motion carried. 2. Solid Waste Contract. Oken told the Boards this contract approves the county's Solid Waste administration of the solid waste center and incorporates a budget with the city's share Contract determined by sales tax distribution and assessed valuation and split between Pitkin County and the Town of Snowmass Village. Commissioner Kinsley moved to approve the joint solid waste center; seconded by Council- woman Michael. All in favor, motion carried. 3. State Health Contract. Tom Dunlop, environmental health officer, told the Boards he State Health had negotiated a contract with the State of Colorado to pay 35 per cent of his and Bob Contract Nelson's salaries. This only requires a signature of the Chairman of the Board of Commissioners. This is $16,000 given to the local health department for performing state mandated functions. Commissioner Kinsley moved to approve the signing of the contract; seconded by Council- woman Michael. All in favor, motion carried. ~egu±ar ~eetlng aspen ~l~y uouncl± ~u~y ±~, Electric Rate 4. Electric Rate Increase. Commissioner Child suggested this be turned over to the Increase Roaring Fork Resource Center and ask for comments on the increase to see if this is energy saving or not and respons accordingly. City Manager Chapman said the Boards have only 10 days before August 1st to file an official protest to this. Chapman said the city had received notice from PUC of their ~ntent' ' ,' tolincrease wholesale rate ~effective August 1st. CommiSsioner Child said he woUld look into the rate increases. Bus Maintenance 5. Bus Maintenance Agreement Discussion. Curt Stewart, county manager, told the Boards Agreement that the city and county staffs, since the adoptionof the transportation development Discussion plan, have been involved in :coming up with a grant for a joint maintenance facility for the bus system. Stewart said they have had outside help in looking at sites, discussing size, types of facilities, etc. The staff is at the point where they have formulated what a maintenance should be, a total of 90,000 square foot with 65,000 square feet under roof storage; the balance is maintenance area and offices. This will be an appropriate size for a 70 bus fleet. The total cost is $5,900,000, 80 per cent of which would be paid for by the federal government. Stewart told the Boards there are a number of issues surrounding this grant. UMTA is promoting a coordinated approach, a minimum would be a commitment signed by the city and county at least for the life of the facility. The staff considerations are how the costs will be split and operated between the city and county; site location; process for its selection, and review of the facility. There are a number of requirements the city and county will have to commit to such as civil rights, handicap accessibility, EEO, small business practices. Stewart said he woUld like a joint work session. UMTA is willing to fund this project and is looking for an application in August. This would be done in two phases; architectural and engineering pahse, and then design and construction. Stewart said it has been assumed there is land for this at the airport. The issue is whether the F.A.A. will have to be paid back and on what basis. Mayor Edel said he thought there was an agreement for the city to purchase a bus washing facility and the county would install it. Stewart said When they looked into the cost of installing it, it was $30,000, and for a temporary bus washing facility that was too high. Mayor Edel said the buses are horrible and dirty and there is no place to wash them. Stewart Said the money essentially goes down the drain as in 1 and a half years the F.A.A. wants the facility moved. This $30,000 is for slap, draign work. Councilman Parry suggested putting up a temporary steel building. Mayor Edel asked the commissioners to look into this. Mayor Edel told the Boards he had met Jack Kinslinger, highway department, and asked about the busway. Kinslinger was very positive about it. Commissioner Kinsley said the highway department has Said they would put money into a busway if i~: could fall back into a four- ~ . lane highway if the bus way did not Work. Commissioner Kinsley told the Board Craig Roupp, forest service, has sent a letter with their position which left big unknowns. The county sent back an extensive letter with specific questions. Kinsley said he felt it was appropriate to wait for the answer from the Forest Service. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of May 14, 21, 27 and June 9; seconded by Councilman ~saac. All in favor, motion carried. Accounts ACCOUNTS PAYABLE Payable Councilman Isaac asked for an explanation of the unauthorized purchase orders. Ms. Butterbaugh said on the pro shop, money was budgeted but they failed to get a purchase order. The high school memo board was bought cheap from the high school. The patches on police shirts and repair to the swimming pool were emergencies. Councilman Isaac moved to approve the accounts payable for June; seconded by Councilwoman Michael. All in favor, motion carried. CITIZEN PARTICIPATION ~oaring 1. Missie Thorne, president of the Board of Aspen Center for Visual Arts, told Council on Fork Artsists Labor Day weekend they are having an opening of the Roaring For~ artists show. They hope Show to have a picnic on the VAC grounds. They would like to have an art cart derby, soap box cars without engines. They need to be able to close off one side.of Mill street - the east side Of Mill street about 3 hours with 1-1/2 lanes. Councilman Parry pointed out that Mill street is very congested and people may go off the bridge into the river. Ms. Thorne said they would have hay bales and would have trial runs. Councilwoman Michael said to work on this with City Manager Chapman. Councilman Collins came into Chambers. Redistricting 2 Mary Martin asked Council for support on the redistricting of the Commissioner districts of Commissione~ Mrs. Martin read a letter they had presented to the Comraissioners. The All Citizens Districts Action Committee submits that dwelling units cannot be counted and used in redistricting. Also there is evidence that voter registration was used in redistricting, which has nothin~ to do with the redistricting. The ACAC submits there is sufficient evidence of improper redistricting and it is invalid. (Councilman Behrendt came into Chambers) Mrs. Martin told Council the county commissioners threw this out and said they would do nothing fOr 2 years. Mrs. Martin said because of the redistricting there are people within the city who were dis£nfranchised from running. The city has a vested interest in its people and their being allowed the possibility of running. Mayor Edel agreed with the argument that it seems likely the districts have been pro- portioned inequally. City Attorney Stock said it is clear from the comments of the Commissioners the onl~ course of action would be a law suit. The city would not be an appropriate party in bringing a law suit; civil rights do not allow entities such as the ~. city of Aspen. Stock said the Council Could authorize expenditure of public funds in support of litigation; however, they would have to decide if there is a public purpose in doing this. Councilman Van Ness said if the city cannot get involved in litigation, to pay for a lawyer is inconsistent. Councilman Van Ness said he did not think it was the function of city government of Aspen to sue or pay for lawsuits. Mayor Edel agreed with that and suggested a committee of Council to go the Commissioners and elicit their point of view and possibility try to change their opinion. Councilman Van Ness said the city is not a party and it is none of the city's business. Councilman Behrendt pointed out about 1200 city citizens are under represented. Councilman Behrendt said he like the idea of going to the Commissioners. Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Michael. At~ in favor, with the exception of Councilman Van Ness. Motion carried. Councilwoman Michael moved to appoint a sub-committee to talk to the County Commissioners about the districting problems; seconded by Councilman Behrendt. All in favor, with the exception of Councilman Van Ness; Councilmembers Isaac and Parry abstained. Motion carrie( The sub-committee is Mayor Edel, Councilmembers Michael and Behrendt. 3. Bill Martin appealed to the new public relations director regarding the golf course. Martin told Council this is not a recreational tourists golf course. Marring suggested markers be placed so that the tourist golfers can get around. 4. Martha Madsen told Council there where she is living is being inundated with buildings on all sides, Ms. Madsen requested that the alley be oiled in back of her residence as dust is created all the time. Council directed her to meet with City Manager Chapman. COUNCILMEMBER COMMENTS t. Councilman Isaac said in looking at the sales tax returns for May, it looks like there is less income than projected. Ms. Butterbaugh said the low season problem may correct itself in June, July and August. The city is still above projected revenues. 2. Councilman Parry brought up four-laning highway 82, and pointed out the Commissioners Hi§hway 82 maintain the residents do not Want a four-lane highway. Councilman Parry said he felt the people do want it. Councilman Parry said he would like to have this on the ballot in November. Mayor Edel said the city is close in putting in a busway. Councilman Van Ness said he would also like to see this on the ballot. 3. Mayor Edel requested Council add another ordinance to the agenda. Councilwoman Michael Electric Rate moved to place Ordinance #43, Electric Rate Increase, on the agenda; seconded by Councilmai Increase Isaac. All in favor, motion carried. 4. Mayor Edel ~rought up the city hall roof grant and would like an opinion from Council. City Hall Sheree Sonfield told Council the Colorado Historical Society told her they would give the Roof city $18,000 to put a new roof on this year. The application was revised to go for galvanized corrugated, as the Historical Society would disapprove a standing sheetmetal roof. The difference is cost is about $16,000. The costs for the galvanized corrugated roof will be $1500 for plans and survey, $19,000 for the sloping sides of the roof, and $17,000 for the flat portion of the roof, for a total of almost $40,000. The state will fund almost 50 per cent, which is the maximum the state can give the city. Councilman Behrendt questioned future remodeling of city hall, and would the Historical Society have to be paid back if they did not agree with the city's plan. Ms. Sonfield said there is a maintenance agreement relating to the entire building, Mayor Edel said if this relates to both interal and external, he would say no to the grant. Councilman Parry said if the agreement only relates to the exterior of the building, he would go along with it. Councilwoman Michael moved to place city hall roof on the agenda; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Parry moved to have City Manager Chapman take care of the grant if it is just pertaining to the outside of the building; if it includes the inside of the building, this would have to be discussed again; seconded by Councilwoman Michael. City engineer McArthur said he had some serious problems with constructing during rain and snow season this fall and having more rain damage. McArthur said if the grant gives a year, they could construct in the spring time. Ms. Butterbaugh r~quested that Council indicate approval of using 6th penny funds for the city's matching share. Councilman Parry amended his motion to show the funds come from the 6th penny; seconded by Councilwoman Michael. Councilman Van Ness said he felt corrugated roof is terribly unattractive. McArthur said is it was is already on the north side of the building. McArthur questioned if Council really wanted a bright-silver colored roof on both sides of the building. McArthur said galivanized.corrugated roof functionally does the same job; however, aesthetically it is not appealing. Chapman told Council there is a large ~ifference in cost between the two types of roofs; the Historical Society said they Would not participate in funding a standing seem roof both for economic and historic reasons. Mayor Edel pointed out this is a saving of $35,000. All in favor, with the exception of Councilmembers Van Ness and Collins. Motion carried. VENDING REQUEST - Orrel Lanter Vender Request 0rrel Lanter Orrel Lanter told Council she proposed to function in the summers like Peppermint Patti's operation, and in the Winter around construction sites. The operation would be similar to Peppermint Patti's; Ms. Lanter has talked with restaurants who would provides sandwiches and she would provide ice cream products. Ms. Lanter said there is more than enough room for two vendors like this; Peppermint Patti can only cover one park at a time. Regular Meeting Aspen City Council Ju±y ±4, Councilman Behrendt said given the cost of property, the city will be seeing more and more of this. The Council just opened the door to another vendor, and Councilman Behrendt said he would like Council not to issue any further licenses on the streets until they can see what affect the two licenses have. Councilman Van Ness said every summer the Council gets the same thing, and he would like to set a policy either to have vendors or not to have vendors. These people are competing with the businesses that have to pay rent. Councilma~ Isaac said this is opening a door that will make Aspen look like tinsel town. Councilwomar Michael said he did not know how Council could justify saying no with two other vendors in town. City Attorney Stock told Council they have the right to approve some and deny others The laws give Council flexibility and discretion; Council can set a limit. Stock said Council may decide one of any type of all they wish to have and set that limit. Councilmar Behrendt asked for a draft ordinance incorporating the idea of one of any sort of business including the number of carts or vans per business. Councilman Van Ness said he was not in favor of any further vendors because there could be thousands. Ms. Lanter suggested submitting bids and having drawing for this. Councilman Van Ness moved to adopt a policy of not approving any further vending licenses; seconded by Councilman Behrendt. Councilman Behrendt asked staff to look at how this might be handled in the future. Councilman Van Ness said he wanted tO adopt a policy not to issue new licenses but that at renewal time, the licenses will be reviewed. Councilmembers Van Ness, Collins, Behrendt and Mayor Edel in favor; Councilmembers Isaac, Parry and Michael opposed. Motion carried. Pocket's Bear MALL SPACE REQUEST - Pockets' Bear Billy Quigley, owner of Pockets, requested permission to Put his bear outside the store. The bear has been there two years at the previous store. This bear does not obstruct traffic, and they have not had a complaint from citizens or merchants within town. Quigle5 said he is not asking for a vending license because the bear is not for sale. Stock told Council the mall is a public right of way and is property owned by the city. The cit created regulations in control of their property and people cannot place their property the city's property. Stock said having any piece of goods for sale or display within the mall is vending. Councilman Van Ness said this bear is not offensive. If the city can rent out portions of the mall to restaurants, the city ought to let the bear rent space in the mall. Councilman Behrendt disagreed pointing out all merchants will want things out in the mall. Councilman Van Ness moved to rent "x" square feet to the bear on the same basis the city rents space to bars and restaurants; seconded by Councilman Isaac. Councilmembers Van Nee! Collins, and Michael in favor; Councilmembers Behrendt, Parry, Isaac, and Mayor Edel oppose Motion NOT carried. Bur§er Bros. APPLICATION FOR 3-WAY LIQUOR LICENSE - Burger Bros. Liquor License Councilwoman Michael stepped down for conflict of interest. Mayor Edel opened the public hearing. City Clerk reported the file, posting and publication are in order. Jon Seigle, representing Burger Bros,, submitted petitions to the file. Seigle told Council this will be a different establishment than the norm in town, it will be family dining. This is a need for this type of business. Charles Frishmand and Lee Robinson have been doing business in town for two years. Seigle passed around a menu, told Council there Will be seating for 100 with a separate take out window. The food will not be high priced. Ma or Edel asked for opponents. There were none. Councilman Behrendt asked why they wereii Y ..... applying for a full license, not a beer and wine. Selgle said one reason is the economlcs~ doing business in Aspen is not cheap and there is more revenue from a 3-way liquor license~ Also there will be entertainment in the evening and a 3-way license ~s more consistent with having entertainment. F~ishman told Council the hours of operation are 7 a.m. to midnight, serving breakfast, lunch and dinner. Mayor Edel closed the public hearing. Councilman Parry moved that based on the evidence heard at a public hearing July 14, 1980, relating to the application of Burger Bros. for a 3-way type liquor license, that the Council finds that the needs of the community have not bee met and the license is hereby granted; seconded by Councilman Isaac. All in favor, motion carried. SPA Approval - ORDINANCE ~21, SERIES OF 1980 - SPA APProval, Aspen Institute Aspen Institute Mayor Edel opened.the public hearing. Mayor Edel told Council he had received a lengthy telegram from R. O. Anderson stating in essence that Anderson resented the allegations the Institute would be leaving, and that the Institute plans to stay here in the same type of depth and programs. Mayor Edel also received a publication from the Aspen Institu at Baca outlining their programs. Also a program from Baca about buying property at $1, financing from the Institute, and leasing the house to the Institute for their needs. Councilman Van Ness said the real question is what to do with the application that has bee passed on first reading. Since the property has been sold and a new project is being proposed, Councilman Van Ness asked why the applicant would want Council to approve some- thing they do not intend to do. Andy Hecht, representing the applicant, requested that Council table the ordinance to a date uncertain, with the stipulation if the applicant wanted it raised again, they would republish for a new hearing. The applicant would also like to process a new applicat'ion atthe same time. City Attorney Stock said this can be ~abt~d and will die at ~he end of 1980, unless 2/3 vote to pull it from the table. Councilman Van Ness said he heard a new application could be process in 8 to 10 months. Hecht said they hoped this can be done in the term of this Council. Councilman Behrendt said he did not want to bother with this ordinace. The project has changed; the parties change. Council should just let this die. Councilwoman Michael agreed this ordinance is dead because Council has been offered to look at a different program. Councilman Isaac asked about the possibility of cancelling the court case. Hecht said they would dismiss the individuals. Cantrup would like to dismiss the entire law suit. Councilman Van Ness v asked if an applicant can have two application going for the same piece of land. Stock said yes. Councilman Van Ness moved to table until January 1, 1981, at which time it can be tabled some more; seconded by Councilman Parry. CoUncilmembers Parry, Van Ness, and Isaac in favor, Councilmembers Collins, Michael, Behrendt and Mayor Edel opposed. Motion NOT carried. Councilman Van Ness moved to deny the application; seconded by Councilman Collins. Council discussed whether they had to ha~e action on this. City Attorney Stock said they can approve, deny, table or remove from the agenda. Councilman Van Ness moved to read ordinance #21, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #21 (Series of 1980) AN ORDINANCE ESTABLISHING THE PERMITTED AND CONDITIONAL USES OF STRUCTURES 0RDINANCE 21 ON CERTAIN PROPERTY WHICH IS DESIGNATED AS A SPECIALLY PLANNED AREA was read by the city clerk Councilman Van Ness moved to deny the application; seconded by Councilman Collins. City Attorney Stock told Council the safest course is to table the application because that has been requested by the applicant. Stock said he saw no detriment, however, in moving to deny. Councilman Behrendt asked if the Council should have stipulated reasons for the denial drawn up. Stock said yes. Councilman Van Ness withdrew his motion. Councilwoman Michael moved to reconsider the motion to table Ordinance ~21, Series of 1980; seconded by Councilman Parry. All in favor with the exception of Councilman Collins and Mayor Edel. Motion carried. , ~ Councilman Behrendt moved to recommend tabling indefinitely and not set date certain and require that to b~ing the application forward would require a special vote of Council as well as republication; seconded by Councilman Isaac ~ .J Councilman Van Ness moved to amend his original motion to table to read indefinitely; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins and Mayor Edel. Motion carried. ORDINANCE #23, SERIES OF 1980 - S/C/I Amendment ORDINANCE 23 Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Isaac moved to read Ordinance ~23, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #23 (Series of 1980) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A DANCE STUDIO, A MARTIAL ARTS STUDIO, DWELLING UNITS ACCESSORY TO OTHER PERMITTED USES AND A CATALOGUE SALES STORE AS CONDITIONAL USES IN THE S/C/I ZONE DISTRICT was read by the city clerk Councilwoman Michael moved to adopt Ordinance ~23, Series of 1980, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Parry, aye; Collins, nay; Isaac, aye; Behrendt, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE #28, SERIES OF 1980 Historic Designation of Oliphant Residence ORDINANCE 28 Councilman Isaac moved to read Ordinance ~28, Series of 1980; seconded by Councilwoman Michael. 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 Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the ~ public hearing. Councilman Isaac moved to adopt Ordinance ~28, Series of 1980, on second reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Michael, aye; Behrend aye; Isaac, aye; Collins, aye; Mayor Edel, nay. Motion carried. Waiver of Park WAIVER OF PARK DEDICATION FEE - 925 Durant Dedication Fee 925 Durant Ashley Anderson told Council they wanted to delay the park dedication fee for five years. Ms. Butterbaugh told Council she had a problem keeping track of future properties. Mayor Edel asked where this project is, why isn't it built. Anderson said before he could get the building permit, this issue has to be resolved. Anderson said this is in the city's interest; the park dedication fee would be ~alued with deed restriction on it. In 5 years, when it is paid, they will be free market units and will be more money. Chapman pointed out there is a precedent for this, the Council deferred the park dedication fees on the water plant project. Anderson said he was not asking for a ~aiver of the fees, just a deferral until the deed restrictions are lifted. Councilman Isaac said if this will lower the rental rates for five years, he would agree. Mayor Edel said if the rents are restricted, how could this affect the rental rates. Councilman Isaac moved to defer payment of park dedication fee for 5 years when they come:. into subdivide the property at 925 Durant street Planning Director Karen Smith questioned attaching the restriction of coming in to sub- divide, they may never do that. This restriction should be when the units go into the free market units. Councilwoman Michael said a date should be put on this five years. Anderson said this would be five years from the issuance of the certificate of occupancy. Councilman Van Ness suggested having the restriction be as long as the units are employee housing, not a date. Councilman Isaac moved to defer payment of the park dedication fee until the time the' units are no longer employee housing units; seconded by Councilman Van Ness. Councilmemb~rs Michael, Isaac, Parry, and Van Ness in favor; Councilmembers Behrendt, Collins and Mayor Edel opposed. Motion carried. Councilman Behrendt asked how this would be enforced. Ms. Butterbaugh said there should be some Wording to detail the valuation of the property; there is no vehicle to adminis- ter this. The city needs an enforcement officer to insure this will be collected in 5 years. Ms. Butterbaugh suggested making a lien against the property. Anderson said they would sign a promissory note now, due in 5 years. Anderson said he would value these as free market units right now, pick out the figure and make it payable in 5 years. Ms. Butterbaugh asked the value be computed now so there is a dollar figure plus any increase in the market value of the 1.and Subdivision SUBDIVISION EXEMPTION - Red Onion Exemption - Red Onion Sunny Vann, planning office, told Council this is a proposal to condominiumize the Red Onion into four units; the restaurant, second the old bar, third the upstairs commercial storage space, four what was the night club space. -The engineering department recommended approval with resubmission of a condominium plat and agreedint to certain conditions out- lined in the May 21 memorandum; the installation of a water meter, a concrete pad to protect utilities, and applying for an encroachment. The planning office recommends approval with the engineering conditions. The P & Z brought up that the upstairs space had served as employee housing. The P & Z modified their recommendation with the stipu- lation that should the upstairs space be converted the commercial, the applicant be required to go through growth management review. If it is used for employee housing, the space should be deed restricted. Vann presented a map of the proposed condominiumiza tion. Anderson stated these are being condominiumized as spaces, not uses. Councilman Van Ness asked on what grounds can the City Council deny a commercial subdivision. City Attorney Stock said Council might find under the purpose document that things like public health, safety and welfare are not best met by the subdivision of property, or that some consumer protection element is not met by the subdivision of the property. Council would have to make some determination that this is not in the best interest of the city to approve the subdivision. Council could also find this applica- tion is within the intents and purposes of the subdivision code and code treat it as a full subdivision. Anderson pointed out commercial buildings have gone through subdiVi- sion exemption before. Councilman Parry said this property is too big to sell and-for the benefit of the city, it should be opened. The only way to get it open, is to allow them to condominiumize. Councilman Parry moved to~ approve the subdivision exemption with the engineering comments in their memorandum dated May 21 and future commercial use of unit 3 is subject to GMP approval, and the use of unit 3 for employee housing be subject to deed restriction; seconded by Councilman Van Ness. Anderson agreed with all the condition, except any change from housing to commercial. There is a possibility of getting some exemption from GMP, such as individual historic designation. That says you can change the use to commercial, exempt from GMP. Anderson said they should not be precluded from getting that exemption. Stock said there should be language on the plat indicating any change has to go through GMP; if this is on the list of exceptions from GMP, there should be no problem. Councilman Behrendt said this building and business is a unique asset to the downtown, and he does not want to see it broken up. Councilman Van Ness pointed out subdivision or not has no bearing on the use. All in favor, with the exception of Councilman Behrendt. Motion carried. O ORDINANCES ~29 ORDINANCES ~29 and 29-A, SERIES OF 1980 - Employee Housing/McArthur & McClung and 29-A JO19ne Vrchota, planning office, reminded Council they have approved a subdivision exemption for the lots at the municipal golf course; two duplex lots under the zoning. In addition, there was a subdivision exception to allow condominiumization of the each of the duplex units. There was an agreement that any of the units would be restricted to middle income guidelines of the city. Council ~also gave special review approval to the!i duplex on lot ~2, which is owned by City Manager Chapman and Anne Freers. The action tonight is for special review for approval of the duplex units on lots #1, which will be owned by Rob McClung and Dan McArthur. Council can make the determination if the number and type of units is appropriate. Councilman Behrendt asked if the owners would prefer staggering because theSe four units are such a big wall. City Attorney Stock explained Hall, next door, prefers having the units Closer to the font of the lot because his house looks across the back of the lot. Dan McArthur showed Council how they plan to stagger the unit. Councilman Van Ness said this will end up a 200 foot wall, and he would hate to see the city be an example of the zoning laws are so weak that the intent could be abused this way. Mayor Edel agreed and asked if the units could be placed some other way. Stock said to met the setbacks of the code, the buildings could not be angled. Councilwoman Michael pointed out Council is supposed to give special review and request tc see some plans. Ms. Vrchota told Council P & Z determined there is a need for employee housing and recommended special review be given provided the financial agreement for sale and resale is the same as the units on lot #2. Stock said there will be an identical contract for these units as for Chapman and Freers and will present it before the next Council meeting. Councilman Parry moved to approve special review for these units; seconded by Councilman Behrendt. Councilman Van Ness said he is very much concerned about how this building will look. It is totally out of proportion with the neighborhood. Council said they would like to see plans at the next meeting. All in favor, motion carried. Councilman Isaac moved to read Ordinance ~29 and 29-A, Series of 1980; seconded by Council man Parry. All in favor, motion carried. ORDINANCE #29 (Series of 1980) AN ORDINANCE RATIFYING A PURCHASE, SALE AND OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND DANIEL A. McARTHUR PROVIDING FOR THE SALE OF UNIT 1 OF McARTHUR CONDOMINIUM BY THE CITY OF ASPEN TO DANIEL A. McARTHUR ORDINANCE ~29-A (Series of 1980) AN ORDINANCE RATIFYING A PURCHASE, SALE AND OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND ROBERT A. McCLUNG AND DIANE M. McCLUNG PROVIDING FOR THE SALE OF UNIT 2 OF McARTHUR CONDOMINIUM BY THE CITY OF ASPEN TO ROBERT A. McCLUNG AND DIANE M. McCLUNG was read by the city clerk Councilman Isaac moved to adopt Ordinances ~29 and #29-A, Series of 1980, on first readin~ seconded by Councilman Behrendt. Roll call vote,- Councilmember Van Ness, aye; Behrendt, aye; Collins, aye; Isaac, aye; Parry, aye; Michael, aye; MayOr Edel, aye. Motion carried ORDINANCE #30, SERIES OF 1980 - Ski Corp Bus Agreement ORDINANCE #30 Ski Corp Bus City Attorney Stock told Council the city has in existence contract with the Ski CorP for Agreement bus service to Buttermilk and Snowmass. The city is purchasing 6 new buses, of which 4 are being paid for by the Ski Corp for additional buses on their routes. The 6 buses have turbo chargers, which is being paid for by the Ski Corp. This agreement puts into effect the number of buses and clarifies the two provisions of the contract regarding excess fuel and labor costs. The insurance clause was modified because of the number of buses. The contract has gone through months of review and has been approved by the Ski Corp and the staff recommends approval. Councilman Isaac moved to read Ordinance #30, Series of 1980; seconded by Councilman Colli s; All in favor, motion carried. ORDINANCE ~30 (Series of 1980) AN ORDINANCE RATIFYING AMENDMENTS TO THE TWO AGREEMENTS BETWEEN THE CITY OF ASPEN AND THE ASPEN SKIING CORPORATION PROVIDING FOR BUS SERVICE TO BUTTERMILK MOUNTAIN AND SNOWMASS RESORT was read by the city clerk Councilman Isaac moved to approve Ordinance #30, Series of 1980, on frst reading; seconded by Councilman Parry. Ms. Butterbaugh brought up the limit on the amount of average salary increase per driver of $.55 per year. In the past they picked up the full amount of the increase. Stock sail in the past, this was completely different using the minimum driver's salary instead of the average driver's salary. Ms. Butterbaugh said she felt the city might end up paying a portion of their drivers' salaries. Staff said they would work this out before the next Council meeting. Roll call vote; Councilmembers Parry, aye; Collins, aye; Isaac, aye; Michael,.~aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~31, SERIES OF 1980 - Vehicle leases ORDINANCE #31 Vehicle Leases Ms. Butterbaugh told Council the Code provides that any lease the City engages in which i~ over one year must have an ordinance. These leases have been approved in the budget. They are for two environmental health vehicles, one for animal contract and 4 for the par~ department. Councilman Behrendt moved to read Ordinance ~31, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #31 (Series of 1980) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF SEVEN VEHICLE LEASING AGREEMENTS BETWEEN THE CITY OF ASPEN AND DICK WHEELER, INC., WHICH LEASES ARE FOR TERMS OF THIRTY-SIX MONTHS AND PROVIDE FOR MONTHLY PAYMENTS OF $203.34, $139.67, $297.85, $207.78, $207.78, $207.78 and $207.78 was read by the city clerk Councilwoman Michael moved to adopt Ordinance #31, Series of 1980, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Collins, aye; Isaac, aye; Michael, aye; Behrendt, aye; Parry,.aye; Mayor Edel, aye. Motion carried. Rental Space RENTAL SPACE - TRANSPORTATION DEPARTMENT Transportatt0 Dept. City Manager Chapman reminded Council they had directed him to look at some lease space for transportation and to come back with a recommendation. Chapman has looked at several and gave Council a financial analysis of these spaces; Mason & Morse building, Hunter Square building and Poor PaulTs. Even though Poor Paul's looks the best, the owner was only willing to go 12 months and there are a number of problems with the building. Chapman recommended going with Mason & Morse building as it offers the cheapest payment over 30 months. Councilman Behrendt suggested telling people in the Wheeler they have to move on as the City no longer has free space. The transportation department pointed out the Wheeler will be renovated in a year and they will be at the same spot. Chapman told Council this is a 30 month lease at the city's request. Councilman Van Ness asked if it was possible to negotiate a lease where the city would have the option to extend after 12 months. Councilman Behrendt moved to approve the rental at Mason & Morse; seconded by Councilwomai Michael. Councilman Parry asked if the old pro shop at the Plum Tree was ever considered. Chapman said that might be an encumbrance on the city's chance to lease or sell the building. Councilman Van Ness said his objection is the term of the lease is too long. The city cannot predict what will happen. Chapman said he would talk about a shorter term. ~ All in favor, with the exception of Councilman Van Ness. Motion carried. ORDINANCES ORDINANCES #32-41, SERIES OF 1980 - Appropriations #31-41 Appropriations Councilman Isaac moved to read Ordinances #32 - 41, Series of 1980; seconded by Councilma~ Van Ness. Ail in favor, motion carried. City Clerk Koch read the Ordinances by number only. Ordinance #32 Ms. Butterbaugh reminded Council all these appropriations had been gone over and approved by Council in April. Ordinance #32 is the golf course fund expenditures. The Council raised the green fees from $10 to $14, partly to cover $12,000 for golf course marketing. The $4,000 for the pro shop improvements was previously approved by Council. Chapman told Council the golf course is collecting about $1,000 in greens fees and the local pass is doing much better than anticipated. Ordinance #33 relates to street improvement capital fund expenditures for $60,000; this is from investment income from the bonds that were invested in the fund. Most of this 9oes for the antique lights. Ordinance #34 Ordinance #34 addresses the real estate transfer fund and appropriates $10,990 for in-kin~ rent and $80,000 for the architects fees out of the revenues. In Ordinance #35, land and open space fund, recognizes $67,000 additional sales tax. Ail these ordinances are based on the five year financial plan. Chapman told Council over five years, the open space fund is the most stable. This ordinance recognizes the $5,000 contribution from the Ski Corp to help fund the Rio Grande studies, and transfer $31,000 to the general fund to cover items that will be administered in the general fund. Ordinance #36 is the frans- portion fund, which also has an increase of $67,000 in sales tax. There is a transfer to the transit fund of $124,500 which is funded from prior year surplus. Ordinance #37, which is the transit fund, recognizes the transfer and reduces revenues $30,000 because of non-renewal of the Aspen Club bus contract. This ordinance appropriates $94,578 for transit expenditures. Mayor Edel pointed out there is an expenditure for $51,000 for a bus washin9 facility and the city does not have a place to put this. Councilwoman Michae[.~ suggested this expenditure be left in and have the city discuss a place to locate this with the county. Councilman Behrendt said dirty buses are the number one problem with the bus system. Ordinance #38 Ordinance #38 is an appropriation in the electric fund of $2520 to cover approved merit increases. Ordinance #39 is an ice rink fund appropriation of $9,000 covered by additional revenues from figure skating clinic and from hockey camp. The expenditures are covered il in the exhibits and are for~ merit increase, coach, temporary help and utilities. Ordinance #40 Ordinance #40 covers $212,604 in miscellaneous water expenditures and the money comes fro prior year balances. Council has previously approved the Aspen mountain tank overruns, Cooper waterline, water management plan, water rights legal fees and work equipment. The new expenditure of $6250 for paving of Red Mountain, which was escrowed for the work on the tank up there. Ms. Butterbaugh said this is a good settlement. Ordinance #41 is the general fund with all the revenues listed and the expenditure, which Council has approved and seen. Councilman Isaac moved to approved Ordinances #32 - 41, Series of 1980; seconded by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Parry, aye; Van Ness, aye; Collins, aye; Isaac, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. Ordinance #80 Councilman Isaac moved to table Ordinance #80, Series of 1980, W.H.O.P. Annexation and park dedication waiver for~._Christ Episcopal Church until the next meeting; seconded by Councilman Van Ness. All in favor, motion~carried. Regular Meeting ~sp~ ~u3 ~uu~,u~ ~ ~=, ORDINANCE #42, SERIES OF 1980 - Temporary Moratorium on Main Street Councilman Isaac moved to read Ordinance #42, Series of 1980; seconded by Councilman Behrendt. Ail in favor, motion carried. ORDINANCE #42 (Series of 1980) AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ERECTION, REMOVAL, CONSTRUCTION, RECONSTRUCTION OR DEMOLITION OF STRUCTURES LOCATED WITHIN THE MAIN STREET HISTORIC DISTRICT was read by the city clerk Sunny Vann, planning office, reminded Council at a meeting of Council and HPC, this was one of the problems HPC has regarding the redevelopment of existing structures on Main for 0ffice uses. HPC feels it hard to turn these applications down given the FAR require- ments of the zone. The city is getting some substanital office building utilizing a portion of an existing Victorian on Main. This seems to go against some of the original intent of the office zone, to maintain the character and style of the entrance to Aspen. Vann said HPC is asking the planning office to address the Main street question as to FAR require- ments and review procedures for further renovations. Councilman Behrendt said the HPC is begging for this. Councilman Isaac said he was in favor of the office zone being regulated by the GMP. Councilman Behrendt moved to adopt Ordinance #42, Series of 1980; seconded by Councilman Isaac. Councilman Van Ness said he felt six months might be too long for the moratorium. Vann told Council the planning office has revised their work program to take this into account and will schedule meetings with HPC and other groups. Roll call vote; Councilmembers Behrendt, aye; Collins, aye; Isaac, aye; Michael, aye; Parry, nay; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~43, SERIES OF 1980 - Electric Rates Ms. Butterbaugh told Council this ordinance amends the policy for establishing electric rates. The timing of this is rather critical because the city has been notified there will be a substantial rate increase in August. Councilman Isaac moved to read Ordinance 943, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~43 (Series of 1980) AN ORDINANCE AMENDING ORDINANCE NO. 30, SERIES OF 1976, AND ORDINANCE NO. 38, SERIES OF 1978, AND ESTABLISHING A NEW FORMAT FOR SETTING ELECTRICAL RATES FOR CUSTOMERS SUPPLIED BY CITY-OWNED UTILITY was read by the city clerk Ms. Butterbaugh said this ordinance will be a pass through and show how this will be cal- culated. The past ordinances have not been implemented on a pass through basis, the only thing passed through was the fuel cost adjustment. Ms. Butterbaugh said there is a $5 minimum charge, whiCh leaves little to cover the cost of meter reading, etc. The city is proposing a flat $5 service charge for processing bills. The kilowatt hours will be charged at .0449 for commercial and .0423 for residential. This ordinance will enable the city to adjust their rate and do it quickly and report to Council. This will only happen when PSCo has a rate change. Council requested some figures on how this will affe( various customers at the next meeting. Councilman Van Ness said he was in favor of pro- testing PSCo's rate increase. Councilman Isaac moved to adopt Ordinance #43, Series of 1980, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Collins, aye; Isaac, aye; Michael, aye; Parry, aye; Behrendt, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORGANIZATION REPORT City Manager Chapman presented some ideas for organizing Council meetings and Council's time. The Council agreed to item 1, which is reorganizing the agenda so that the most important items eome first. Another suggestion was to have more formal Council meetings; allow the staff to speak only if asked a question and limiting the times a Councilmember could speak on one issue. Chapman pointed out time is wasted with the Council debating legalities with each other, staff and citizens. Chapman suggested if there is a legal question it should be directed to the City Attorney. Another idea would be the use of the consent agenda where routine items would all be voted on in one motion. Councilwoman Michael said she would like to see motion phrased more carefully and would like to see mot Robert's rules used. Councilman Behrendt asked that the city attorney write out proposed motions to be used or not used by the Council. Chapman recommended that each agenda item have a concise written report for it; in this report a motion could be phrased. Chapman said some of ordinances, contracts, resolutions could be left out of the packet and a report would summarize these. Council approved the reorganization of the agenda, the consent agenda, the written reports. Mayor Edel agreed that Council should not debate legal issues. Chapman brought up a legislative session, in which Council could decide what legislation they wanted to discuss during a session, which could be three or six months. This would give the staff more time to present legislation to Council in an organized fashion and give Council more time to con- template changes they are making. Council decided they did not like this idea. The last suggestion was to try and stick to the times set on the agenda and guide discussion to the target time. 2925 Regular Meeting Aspen City Council July 14, 1980 Councilman Isaac directed City Manager Chapman to implement the recommendations except for the legislative session; seconded by Councilwoman Michael. All in favor· motion carried. Councilman Behrendt moved to adjourn at 10:10 p.m.; seconded by Councilman Isaac. All in favor, motion carried. · C~ty Clerk