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HomeMy WebLinkAboutminutes.council.19800825Regular Meeting Aspen City Council August 25, 1980 Commissioner Edwards called the meeting to order at 4:05 with Commissioner Child, Kinsley, Councilmembers Collins, Behrendt, Isaac, Michael, Collins, and Mayor Edel present. BURNT MOUNTAIN BURNT MOUNTAIN Commissioner Edwards said there have been movements by the Ski Corp and the Forest Service towards approving Burnt Mountain which were not explained to the County. The Forest Service is taking an adversary position saying Burnt Mountain is a permitted area and they are going to do the studies and build it, which is a change in their position. The County feels like they have been undermined by the Forest Service, and that their participation in the study could be interpreted as acquiesence that Burnt Mountain is a fait accompli. The County feels their participation in this study is contrary to prior agreements and an understanding on how to proceed, and contrary to what was signed in the Little Annie agreement. The Commissioners have to look at the county-wide impacts. Commissioner Child said the issues for not signing the agreement are substantial enough that the County canno sign this without some concessions from the Forest Service and the Ski Corp. County Attorney Stuller said the Forest Service position was reaffirmed late last week. There is a possibility the County may sue the Forest Service. Councilman Isaac asked if the problems with the work program could be mitigated. Edwards stated it is a lot bigger than that. Commissioner Kinsley told Council they felt they would be putting themselves in a risky place legally by accepting the work program. Edwards said there is no commitment from the Forest Service that they will use this as an alternaltive analysis, which is the basic problem. They will take the information from the Burnt Mountain work program and use it as site jspecific development plan for "an already permitted area", and not use it as a comparison. Councilman Isaac asked what the impact of not signing is. Mayor Edel said that Snowmass is going ahead with the work program. Edwards said this work program is not as comprehensive as that for Little Annie. ~ It is only what is necessary to comply with NEPA. ~ Mayor Edel said if the County were in on this agreement, they could give influence on where the study goes. Kinsley said he did not feel there was indication of this. Edwards said the original agreement with the Forest Service was to do both studies as an alterna- tive analysis with the same consulting team for both studies. Edwards said the County has an agreement with the Forest Service that they will not approve ski area expansion except in accordance with the joint review process. The Forest Service has asignedcont_~act with Little Annie on how they will do alternatives analysis and how expansions will be handled, and they are in violation of that agreement. Edwards reiterated if the County joined the work program for Burnt Mountain, it could be argued the County has waived the previous agreement. Edwards said the county's view, if the city joined the work program it would help Burnt Mountain's position. CITY/COUNTY LAND CITY/COUNTY LAND TRADE FOR LAW ENFORCEMENT FACILITY TRADE FORLAW ENFORCEMENT FACILITY Curt Stewart, county manager, showed county-owned land behind the courthouse, the stable property which is 1/3 acre and the Oden property which is over 1/2 acre. One is zoned public, one zoned office. Stewart showed a 10,000 square foot building, which could be placed behind the courthouse. If this is done, the county would need a sliver of land from the city-owned land. The county would pay for an appraiser. They would trade for a similar piece of land for the same dollar value to the west. The county and city would be in partnership determining the uses of the public land. A secondary issue is that of access. Councilman Behrendt objected to paying twice for county functions. Commissioner Edwards I said the county is responsible for administering county functions; there are statutory responsibilities the county has to meet. The county is willing to trade dollar value for dollar value; they are not willing to give a million dollar piece of property for a $10,000 sliver of land. Councilman Behrendt asked how much land the county would need. Stewart answered this is a function of the final design. Edwards said the county wanted to do the least boundary adjustment as possible. Commissioner Child said there is a community problem; the need for a jail. The county is asking to trade equal size parcels so they can move ahead and solve a community prOblem. Councilman Behrendt moved to trade equal footages of land in the Rio Grande and Oden areas and/or stable area as worked out by the managers;seconded by Councilman Collins. Council man Isaac said he was opposed to putting the jail in this area. All in favor, with the ~_~ exception of Councilman Isaac and Mayor Edel. Motion carried. Commissioner Child moved that the county accept the city's offer of square foot for square foot trade for property behind the courthouse for the east end of the Oden property or the stables; seconded by Commissioner Kinsley. All in favor, motion carried. RUEDI KESERVOI~ RUEDI RESERVOIR John Musick reminded the Board he was requested to report on the feasibility of purchasing or acquiring Ruedi. The report states the cost of acquiring Ruedi at $9,700,000 plus chan¢ at 3.064 per cent interest at $423,000 per year. There are two different bond schedules worked out for the acquisition. People are currently requesting 35,000 acre feet out of Ruedi. Only 15,000 acre feet per year would need to be sold to retire the obligation. Musick said it is feasible to buy Ruedi from a financial standpoint; however, from a political and legal standpoint it is not. To acquire the reservoir would be a tremendous legal battle. Also to make a profit off the facility may be foreclosed by past legislatior Musick said this is an undecided question. The report from Musick will give the Boards all the information needed to make a decision about Ruedi. Musick handed out a memorandum of understanding which he was directed to negotiate. This contains the agreement to sell 10,000 acre feet out of Ruedi sold long as it comes out of fishery by-passes that would have been released'anyway. This may only be sold to people showing an immediate need; a new development is not an immediate need. Musick also passed out charts of water releases. There is a minimum of-86,000 acre feet in a dry year. What this means is that the way they are operating the reservoir now is the way it should be continued to be operated. The Boards should continue to support the current operating rules and regulations. Musick said if they reduce 86,000 acre feet by 5,000 acre feet it will be a loss of $255,000 per year in user revenue. It will be a reduction of the reservoir size from 997 acres to less than 600 acres. There is already a 38 foot drop fron 102,000 acre feet to 86,000; for every additional foot vertical drop, there will be a 2-1/2 foreshore area dewatering. Under the current operating rules, this does not happening from April to October. Musick is continuing to negotiate the memorandum of understanding. COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of July 14 and 28, 1980; seconded by Council- man Behrendt. All in favor, motion carried. ACCOUNTS ACCOUNTS PAYABLE PAYABLE Councilman Isaac asked who William McKenzie was. Lois Butterbaugh said he was the contrac- tor for the pro shop. Councilman Isaac asked who paid for the repair of the golf carts. Ms. Butterbaugh said the golf pro's insurance. Councilman Isaac moved to approve the accounts payable for July; seconded by Councilman Van Ness. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS MAIN STREET 1. Councilwoman Michael said the Council has been concerned about Main street traffic TRAFFIC AND and pedestrian safety. There are many intersections in town that because of cars parking PEDESTRIAN up to the intersection are very dangerous. Councilwoman Michael said she would like staff SAFETY to look at pedestrian safety all over town, cars parking to the corners, and refurbishing the crosswalks. Also the staff can develop recommendations for the highway department for what they would like to see on Main street. City Manager Chapman said the staff had gone over recommendations with the safety council. They gave these recommendations to the State most of which were rejected. The only thing the state really committed to was another light on Main street. Councilwoman Michael requested a report as to enforcement stepped up on Main street. OPEN CONTAINER 2. Councilman Behrendt brought up open containers in the downtown. Councilman Behrendt said the liquor stores are selling one can of beer and are opening them. Councilman Behrendt said he felt there was a lot more public drinking going on and he would like to see more enforcement of this ordinance. Councilman Behrendt also would like the staff to contact the liquor stores and tell them they are not allowed to open beverages. BAT~R00NS AT 3. Councilman Behrendt said the public bathrooms by Wagner Park are terrible and should WAGNER PARg not be allowed to be open. Councilman Behrendt said he would like a post card system in the bathrooms to let the public communicate with the city about the bathrooms. Chapman pointed out at budget time more staff was requested and this was turned down. There is someone cleaning the bathrooms once a day. Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman:Michael. Ali in favor, motion carried. ~ATER PIAI~ 4. Councilman Isaac commented on the water plant housing project and the changes in the EOUSING land cut. Private developers have to come back if there are changes in plans. People are saying hOw awfUl it looks; the developer just went in and ripped the land out. Jim Reents, housing director, said there is a terrace plan. The engineering and soils report said a stable slope is 2.5 to 1, and that is what the site design was approved for, There were some minor modificationS because of the city base map, which was 20 feet off in some places The amount of vegetation cleared was about 20 feet higher than anticipated. They will get plant growth on the site as soon as possible; they are stockpiling topsoil to be replanted. This is the largest single phase project. Mayor Edel said the council should have been told this was worse than anticipated. There has been a lot of public outcry about this. 5. Council requested an update on Smuggler Trailer Park. Reents said staff would either schedule a work session or put it on the next agenda. 6. Councilman Van Ness voiced his concerned about pedestrian safety on Main steet; it is very dangerous. Now matter how well the crosswalks are painted, the snow covers them in the winter. The only possible solution is more traffic lights. People do step off the curbs like they are in their own back yard; the law does require some degree of pedestrial caution. City Manager Chapman Said he has asked Mark Stotsky to get together with the planning office to put together a comprehensive traffic safety program with the studies the city already has and what they will need. 7. Mayor Edel said he had received a call from someone part of the Colorado Water Congress COLORADO WATER that this city should have a voting member on this group. This covers the western U.S. CONGRESS and the city's water attorney feels it is quite important. Council agreed this is importan Councilman Van Ness moved to appoint Councilman Isaac to the Colorado Water Congress; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Van Ness agreed to act as an alternate. 8. Mayor Edel told Council he had received a letter from Charlotte Walls protesting that the city pays the City Manager's expenses to Rotary because they do not allow women. City Manager Chapman said the local chapter of Rotary voted in favor of allowing women. Mayor Edel said he felt Ms. Walls had a point. Lois Butterbaugh pointed out having a rePresentative of the city attending these meetings has gotten good contact with the community. Council decided it was important to have a representative there, and also to send a letter to the Rotary that the policy against women does pose a problem with the Council. 9. Mayor Edel brought up reports, letters and memoranda from John Musick and where the city sits on the various cases and issues. Council asked for updates on all the water matters in small memoranda. Councilman Behrendt moved to add Charter amendments to the agenda; seconded by Councilwomar Michael. All in favor, motion carried. AUDIT REPORT AUDIT REPORT Frank Shuster and Dave Steiner of Schneider and Shuster told Council the audit was a clean or unqualified opinion, which is the best you can get. Shuster pointed out in the combined financial statements, showing all funds in detail, the total assets at the end of 1979 were $27,000,000, $9,000,000 after eliminating inter-fund assets and liabilities. Shuster told Council the accounting principles have changed for municipalities; next year there will be an increase seen in the total assets and liabilities. Municipalities carry their assets at historical~ value plus depreciation, regardless of what it is worth today. This is a controversy in the accounting profession; it does not account for the changing value in assets. Dave Steiner pointed out the footnotes that have changed because of accounting methods and the purchase of the Aspen Ice Garden. Steiner said the bus service ran at a $48,000 loss and it would be appropriate to analyze the costs that made this go over. Steiner told Council the principles for accounting for cities are changing to get them reporting more like overall businesses. Current rules under which cities prepare financial statements say cities are not out to make a profit. Shuster said the question has been raised as to how Aspen is doing compared with other cities; they got 6 financial statements from cities in Colorado. This is compared on total debt to fund equity, the more debt there is to equity, the less secure a city is. Aspen for every $1 of equity had $1.01 total debt; Aurora has $1.17 debt for every $1 of equity; Boulder $.29 debt; Grand Junction $.97 debt; Lakewood $.76 debt; Littleton $.32 debt; and Vail $.17. Vail being a much newer city would be a factor. Last year had $1.21 debt and 1977 is $1.28 cents; the trend is the debt per dollar is going down, which is positive. Another comparison is restricted assets as compared to restricted liabilities and current maturities for long term debt. Aspen for every dollar of restricted liability has $.62-1/2 worth of assets; last year it was $.79. This trend is not good. Boulder has $5.55 worth of assets; Grand Junction $6.37 assets; Lakewood $1.99; Littleton $4.52; Vail $1.18. Aspen is less liquid than some other cities. This should be pursued. Ms. Butterbaugh said the reduction last year is due to the refunding of the $6,000,000 bond issue. Councilman Isaac asked what the recommended changes are. Shuster said this year the letter only contained minor points relating to internal control, separation of duties, control over blank checks. The only other recommendation is on revenue sharing; there is a report that should be filed so the city can get $75,000 from the Federal government. Shuster stated they have no problem with the audit. PFISTER ANNEXATION REPORT P?ISTERANNEXATION REPORT Sheree Sonfield presented revenues and expenditures relevant to the annexation of the Pfister property under the assumption that the developer would build 100 employee units and 68 f~ee market units in phase one and in 5 years build 70 employee units and 30 free market units. Councilman Behrendt ouestioned the amount of street equipment needed for one development. City Manager Chapman said the alternative is not to give the same amount of service; the streets would be plowed every 48 or 72 hours, rather than every 24 hours. Chapman told Council this report was requested by Council to see the costs of providing city services in order to make their decision on whether to annex or not. Councilwoman Michael questioned the planning office memorandum with a list of approved employee units and a list of construction. Karen Smith, planning director, told Council she had used the lists from the housing office. Councilwoman Michael pointed out the housing task force 5 years need projection is 585 units; the total projected units in the memo is 376. On the second page there is outlined projected 502 units. Ms. Smith pointed out the Council's approach to employee housing is to balance the appropriateness of land use policy with the need for increased density° There are other alternatives which are possible to go over the total need of 585 through 1983. The housing task force recommendatiOn to Council was to highlight preferable locations employee housing and evaluate areas around the city. Councilman Collins asked if a fic for net gain in employee housing had been arrived at. Ms. Smith said for every free market unit, a need for one emplOyee unit is generated. Councilman Isaac pointed out the memo indicateS over 300 units are already being prOvided, and asked if Council needed to encourage new housing at Pfister of 178 units. Ms. Smith said the planning office feels this would be generated growth and have suggested there are other areas it would be to encourage another 170 units. Councilman Van Ness said a lot is riding on the Silv. settlement as far as the number of employee units, the difference of minus 300 or plus 200 Councilman Van Ness said he would like to wait to see what happens to Silverking. said Council did not need to make a decision tonight. Chapman has asked the housing directors go site by site and come up with numbers of employee units; Council may wait to see this. Councilman Van Ness moved to defer action on the Pfister anneXation pending the outcome of the Silverking negotiations; seconded by Councilman Collins. Councilmembers Van Ness, Michael, ParrY and Mayor Edel in favor; Councilmembers Isaac, Behrendt and Collins o Motion carried. Commissioner Kinsley told Council the proposed settlement with Silverking. The owner, Jay Kuen, would sell about 200 units to employe~ and employees; hopefully the other 100 would be purchased by a private non-profit group. An ~lternative would be to go to the voters and have the county purchas~ Silverking. The effect of this, the County would get 13-1/2 acres to the east free and clear on which they would develop 100 to 200 units. Kuen would get 65 free market units further to the east phased over 4 years. This gives the opportunity to fit in somewhat with the GMP. ORDINANCE 946, SERIES OF 1980 - Reducing Size of Council City Attorney STock told Council this ordinance reduces the Council from 6 to 4, operatin¢ with a Mayor woUld be 5 rather than 7. This ordinance also outlines how the reduction would be achieved. Councilman Behrendt moved to read Ordinance 946, Series of 1980; seconded by Councilman Isaac. All in favor, with the exception of Councilman Van Ness. Motion carried. ORDINANCE ~46 (Series of 1980) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1980, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY PROVIDING FOR THE REDUCTION IN THE NUMBER OF CITY COUNCILPERSONS FROM SIX (6) TO FOUR (4) COUNCILMEMBERS was read by the city clerk Councilman Behrendt moved to adopt Ordinance 946, Series of 1980; seconded by Councilman Isaac. Councilman Van Ness stated the benefit may be faster meetings; however, this is giving the citizens two less representatives, which is 28 per cent. Not all sectors of the people will be represented. A potential saving of time is a very small benefit compared to what everybody else Will loss in representation. Mayor Edel said he felt this would make for more efficient, better thought out actions. As far as representation, 5 is more than enough. Councilman Isaac said he felt 5 is much more suitable. Councilman Parry agreed with Van Ness; the election for Corm~issioner candidates is heated because there is more representation in the county. Roll call vote; Counc~lmembers Collins, aye; Isaac, aye; Parry, nay; Behrendt, aye; Michael, aye; Van Ness, nay; Mayor Edel, aye. Motion carried. RESOLUTION ~16, SERIES OF 1980 - Raising Council Salaries Councilman Behrendt Said he wanted tO see the figures in the resolution before voting on it. The staff was to compute the salary now, deduct two people, spread the salary. Staff said they would get the figures. ORDINANCE 948, SERIES OF 1980 - Charter Amendments RE: Revenue Bonds and Taxes City Attorney Stock told Council this amendment accomplishes what the All Citizens Action Committee wanted. Section 10.5 adds a fourth paragraph from their petition and states all revenue bonds require a vote of the electorate to issue with the exception of revenue bonds backed solely by the real estate transfer tax and revenue bonds issued unde~ the county municipal development revenue bond act. IRB's would be all right. Ink, Section 12, essentially says no new tax may be imposed after November 4th without a vote of the public. Ad valorem taxes are excepted because technically every year it~is a new tax. The second paragraph says the city may not increase the tax rate of any cur~ rent or future imposed tax without a vote of the public. The exception would be special assessment districts. Stock told Council the ACAC, city manager and he worked on this together. City Manager Chapman told Council he felt the language is very clear. If it passes, no one could question the intent or what the language says. Chapman says Section 12.1 controls about $7,000 of the city's operation budget; SectiOn 10.5 will have no effect on taxes. Chapman said his position is that this is a lot of trouble about somethJ that will not mean a lot of difference. Councilman Isaac moved to read Ordinance #48, Series of 1980; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Van Ness. Motion carried. ORDINANCE ~48 (Series of 1980) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1980, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY PROVIDING LIMITATIONS ON THE LEVY AND INCREASE OF TAXES was read by the city clerk Councilman Parry moved to adopt Ordinance 948, Series of 1980, on first reading; seconded by Councilman Isaac. Councilman Van Ness stated he remained opposed to the city putting this on the ballot. Roll call vote; Councilmembers Parry, aye; Michael, aye; Isaac, aye; Behrendt, aye; Collins, aye; Van Ness, nay; Mayor Edel, aye. Motion carried. BURNT MOUNTAIN STUDY PROGRAM Mayor Edel said he was going to vote yes on this as before this study came about nothing was going to be done. Mayor Edel stated he felt it was important for the Council to get involved to have a voice in meeting with Snowmass and the forest service. Councilman Isaac agreed; however, there are items the planning office and county had problems with in the agreement. Councilman Isaac asked if perhaps those items could be gone over to see if Snowmass and the forest service will go along with them. Joe Wells, planning office, told Council the city had entered into an a~reement for the Little Annie study in April 1979. This agreement called for a number of alternatives; development of Burnt Mountain, development of Little Annie, development of neither; development of both. The city entered into the agreement with the assumption that all alternatives would be examined with the same level of detail. Wells told Council the process to select a consultant for Little Annie took 3 or 4 month. The reauest for proposal was reviewed by Little Annie and the forest service and was forwarded to 30 consultant teams. All agencies met an reviewed the proposals; they interviewed 5 or 6 consultant teams. Unanimously Little Annie, forest service and the planning office chose WRT. One of the ma]or objectives was to get a totally unbiased team; anyone with previous experience with Little Annie was not considered. The planning office would like to make sure the consultants for Burnt Mountain are also unbiased. The question of the wildlife study was raised at the last meeting. The planning office questions whether an adequate study can be prepared by January an light of the fact that the critical question is calving, which occurs in the spr~ng. Snowmass has suggested that a study of this has already been done; the planning office has not seen this. Wells said the general.scope of work in this program has been abbreviated; some questions have been ommitted, others consolidated. Councilman Van Ness pointed out the fact that the city's interests are not identical to the town of Snowmass, who wants development and a ski area in their back yard. Mayor Edel said Snowmass wants to know where to put their development of 2500 units, but this does not negate Aspen being allowed to give input. Councilman Van Ness said thecritical thing is what was agreed to in the April 1979 memo- randum of understanding. Councilman Van Ness requested to wait on this matter until the 'CDuncil could see the memorandum of understanding. JOHN MUSICK W-812-78 John Musick said he had thought this case had been settled previously; however, he met witl the Ski Corp's attorneys and worked out a settlement. W-812-78 is an application for a water r~ght by the Ski Corporation who acquired the Stapleton brothers ditch located on ~{aroon creek below the city's intake. The previous Council wanted Musick to press this case because it could jeopardize the city's water rights. The Ski Corp way trying to acquire a water right for snowmaking, which right had never been intended for that. Musick said the two conflicting interests are a water right that will be diverting water from December through March for snowmaking at a time when stream flows are very critical. These are low at a time when the city is diverting water under their priorities. Musick said this case is set for trial on September 8. Musick had a stipulation, a with- drawal of the city's statement of opposition. The county has already approved this agree- ment. Musick put a lot of effort into this settlement to protect the city's water rights on Maroon creek. Musick told Council this agreement says the Ski Corp will not call or challenge the use of water rights or the Maroon creek diversion dam or reservoir. Also the Ski Corp will raise no action for action on Maroon creek in the past. The Ski Corp will use this water for snowmaking on Buttermilk; for domestic or light industrial uses that are incidental to skiing but will not do this without written consent or the city or county. The city and county have acquired a right of first refusal on this water right. This r~ght of first refusal does not pertain to the 2 second feet of the Paepcke interest. The city and county specifically retain all their land use powers. Councilman Behrendt moved to direct attorney John Musick to settle Case W-812-78 according to the stipulation before Council; seconded by Councilwoman Michael. All in favor, motion carried. SUBDIVISION EXCEPTION RESUBMISSION - Latta Jolene Vrchota, planning office, told Council this is an application for reconsideration of a final plat approval given in January. There is a 90 day deadline for recording and one of the conditions of approval was sale to the current resident. It took longer than 90 days to complete the financing. The request to Council is reapproval based on P & Z recommendation of reapproval. Ms. Vrchota told Council the application fulfilled the obligation of selling to the current tenant; there will be for 3 years a right of first refusal given to the City of Aspen. Councilman Parry moved to approve final plat for the condominiumization of the Latta duple conditioned on the owner/applicant comply with the six month minimum lease restrictions in Section 20-22 of the Municipal Code and upon the sale of the rented half of the duplex with a 3 year deed restrictions to meet the city guidelines and to give right of first refusal to the city; seconded by Councilman Behrendt. All in favor, motion carried. ~u~=~ ~v~±ng Aspen Cl~y Council August 25, 1980 SUBDIVISION EXEMPTION - Hindelang Sunny Vann, planning office, told Council this request for subdivision exemption for the purpose of condominiumizing two structures located at 125 West Hyman and 305 South Aspen. There are 2 one-bedrooms and 2 two-bedrooms at 125 West Hyman; 2 one-bedrooms, 1 three-bedroom and one studio at 305 South Aspen. All units fall outside of the housing guidelines except the 2 one-bedroom units at 125 West Hyman. The engineering department suggested this approval be conditioned upon on site trash facility, and the improvement survey be resubmitted to include located of this facility. The attorney comments this should be conditioned about the notice and option provision and six month minimum lease. The housing directed suggests the two units that fall within the housing price guidelines should be deed restricted for 7 years. The planning office recommends approval of this request with the conditions listed above; P & Z concurred. Councilman Behrendt recalled these people had indicated they would never condominiumize the property. Sunny Vann said there was controversy surrounding the reconstruction of the Mouse House. Vann said there are memos discussing possibly precluding condomin~iumization; however, the item died on the vine. There ~s no record which would preclude condominiumization; the applicant has complied with two units in the housing guidelines. Gideon Kaufman, representing the applicant, stated the applicant never agreed not to condominiumize the property. Councilman Behrendt moved to approve subdivision exemption for the condominiumization of the structures located at 125 West Hyman and 305 South Aspen Street (Lots, G, H, I, block 69, Aspen townsite) subject to (1) the revision and resubmission of the applicant's improvement survey to indicate the location of an on-site trash facility; (2) Compliance with the notice and option provisions and the six month minimum lease restrictions of Sections 20-22 of the Municipal Code; (3) the deed restriction of the 2 one-bedroom units located at 125 West Hyman to the current rental rates for a period of five years with annual rental increases as allowed by Council; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXCEPTION Hoag-4 Jolene Vrchota, planning office, told Council this is a request to condominiumize a duplex on lot 4 of the Hoag subdivision. There is no rental history on these units; the C.O. was issued in July 1980. The attorney commented these should be restricted to slx month rental provisions. The engineering department had several requirements that needed to be fulfilled, most of them have been. The planning office recommended approval of the subdivision exception for condominiumization with slx month lease restrictions; fulfillment of the engineering requirements; and the condominium plat being recorded prior to the sale of the units. P & Z concurred with this. Councilman Parry moved to approve final plat of the subdivision exception for condominiumJ zation of the Hoag-4 Associates duplex located on Lot 4, Hoag subdivision subject to the following conditions; (1) all units shall be deed restricted to a slx-month m~nlmum lease with no more than two shorter tenancies in a calendar years, according to Section 20-22 of the Municipal Code; (2) following final council approval t~e condominium map shall be revised and resubmitted to the engineering department for approval prior to recordation. The mall shall include on-site parking, indicate existing utility extensions and meter locations for each unit, show zone district, ~nclude an index on sheet 1, add surveyors' signature and seal; (3) the condominium map shall be recorded prior to sale of any units; (4) .the applicant shall agree to joint a sidewalk, curb and gutter improvement district in the event one is formed and so deed restrict; (5) the applicant shall provide six on- site parking spaces as required in Municipal Code Section 24-4.5 utiliting one curb but as required in Section 19-101; seconded by Councilman Isaac. All in favor, motion carried SUBDIVISION EXCEPTION - Goodheim/Ross Ms. Vrchota told Council this building is the former AVVNA and has been before Council for approval of expansion of the office space and employee housing, which were given. The application is to condominiumize the office space of 4 units and one price restricted studio. The covenants for employee housing have been recorded and include the six month lease restriction as well as the moderate price range for the employee unit for rent or sale. The condominiumization plant is being prepared in accordance with the engineering comments. The planning office and P & Z recommend approval of this exception. Councilwoman Michael moved to approve final plat for condominiumization of an office building with one employee and 4 office units, Lot A block 28, East Aspen Townsite addition (known as the Goodheim/Ross building) subject to approval by the engineering department and recordation of a condominium plat and six month minimum lease restrictions according to Section 20-22 of the Municipal Code; seconded by Councilman Parry. Allin favor, motion carried. ORDINANCE ~47, SERIES OF 1980 - City Hal Roof Grant Approval Councilman Behrendt moved to read Ordinance #47, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #47 (Series of 1980) AN ORDINANCE RATIFYING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND THE COLORADO STATE DEPARtmENT OF HIGHER EDUCATION PROVIDING FOR THE GENERAL TERMS AND CONDITIONS FOR THE EXPENDITURE OF GRANT FUNDS IN REPLACING THE ROOF ON THE ASPEN CITY HALL AND MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $20,606 FROM THE CURRENT YEAR UNAPPROPRIATED SALES TAX REVENUES, RECOGNIZING AN $18,324 CONTRIBUTION AND APPROPRIATING $38,930 IN LAND/OPEN SPACE ~UND EXPENDITURES was read by the city clerk. ReguLar Meeting noF=~ ~ ~3 Councilman Behrendt moved to adopt Ordinance %47, Series of 1980, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Isaac, aye; Behrendt, aye; Collins, abstain, Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. BATHROOMS IN THE MALL Parks Director Jim Holland told Council the bathrooms are closed right now. People had gone on the roof and filled the place with garbage. The parks department is inside knocking out walls trying to get the place fixed. Councilman Behrendt said these bathroo! are incredibly dirty and asked how much it would cost to clean them 4 times a day and adequately so that people can use them. Holland said it would take $4,000 for the rest of the year in labor to keep the bathrooms clean and open. Holland said he could not afford a person to stay and babysit the bathrooms. Holland said he would bring the main- tenance of the bathrooms in as his secondary budget. It will cost over $10,000 to keep the clean. Mayor Edel said he felt this was a waste of money; the bathrooms should be shut down and re-evaluated. Councilman Behrendt moved to allocate sufficient funds to clean up and take care of the toilets for the rest of the year $4,000 out of sixth penny funds; seconded by Council- woman Michael. All in favor, with the exception of Councilman Collins and Mayor Edel. Motion carried. DOWNTOWN ADIVSORY COMMISSION City Manager Chapman reminded Council in a meeting about mall policy, the idea of resur- recting the mall commission and expanding its function to deal with the central core came up. This could possibly include the lodge district. Councilman Isaac said he was in favor of this and thought it was important. Ms. Smith said the commission would recommend improvements to the downtown that could be funded privately, publicly or both. Councilman Isaac moved to authorize the city manage and city attorney draw up language to form a downtown commission; seconded by Councilman Behrendt. Councilman Parry said the lodging district is in bad condition; it needs street lights, adequate sidewalks, maintenance. Chapman pointed out the lodging district does function as part of the downtown. Councilman Isaac amended his motion to include the lodging district; seconded by Council- man Behrendt. Council decided this commission was to be advisory only. All in favor, motion carried. GOLF COURSE September Marketing Program City Manager Chapman said a program for two days play at $10 per round rather than $14 is being marketed through lodges and the pro shops. This is to try to get one more play from people. The lodges will have the brochures or information. Councilman Michael moved to approve the September marketing program for the golf course; seconded by Councilman Parry. Councilman Van Ness asked why this was available only through lodges. Chapman said the only people who would want to do this would be tourists. All in favor, with the exception of Councilman Collins. Motion carried. REQUEST FOR FUNDS - Ballet West City Manager Chapman reminded Council had requested an increase of Council's to donation of $500 to its original requested level of $4,000. Chapman said there is no money to make an additional contribution of $500. Council could make an indirect contribution by absorbing the $1200 costs of transportation. That is a service the city has already provided and billed Ballet West. Councilman Van Ness suggested deducting $500 from the transportation bill. Councilman Behrendt moved to take $500 of the transportation bill; seconded by Councilman Van Ness. Councilman Parry said he felt like deducting the entire bill. The more problems Ballet West gets, the sooner they will move to Snowmass for their performances. Councilwoman Michael said that Ballet West should anticipate what they need in the fall; Ballet West underestimated. · Councilmembers Van Ness Behrendt, Michael in favor; Councilmembers Isaac, Collins, Parry, and Mayor Edel opposed. Motion NOT carried. Councilman Parry moved to do the whole $1200 in kind; seconded by Councilwoman Michael. Councilmembers Michael, Parry and Mayor Edel in favor; Councilmembers Isaac, Van Ness, Collins and Behrendt opposed. Motion NOT carried. / Councilman Behrendt moved that the city waive $500 of the bus service fee for 1980 in order to give Ballet West requested level of funding at $4,000; seconded by Councilman Van Ness. All in favor, with the exception of Councilmembers Isaac and Collins. Motion carried. APPOINTMENT TO BOARDS AND COMMISSIONS 1. Councilman Behrendt moved to appoint Drake Jacobs to the Board of Appeals and Examiners; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Parry moved to appoint C.M. "Butch" Clark to the Board of Appeals and Examinei seconded by Councilman Collins. Ail in favor, motion carried. 2949 Regular Meeting Aspen City Council August 25, 1980 Councilwoman Michael moved to appoint Jasmine Tygre to P & Z; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Michael moved to direc~ the city attorney to draft language allowing alternate on P & Z, specifically alternates may vote only an absence of regular member, and that P & recommend the number of alternates to Council, and that A1 Blomquist be the first alternate seconded by Councilman Isaac. APPOINTMENT OF DEPUTY MUNICIPAL JUDGE Councilwoman Michael moved to appoint Ron Garfield as deputy Muni~pal. Judge on September 27 to marry Sheila Ehrenberg and Bill Waxman; seconded by Councilman Collins. All in favor, motion carried. BURNT MOUNTAIN Council returned to their discussion of Burnt Mountain, having the memorandum of understand lng from the Forest Service. Wells outlined all the alternatives which were to be looked at. Wells said the planning office has gotten the final version of the studies from WRT, which is the independent team that studied Little Annie. These studies have to be reproduced and distributed for referral comments. This is within days of starting the preliminary city application and the special review application for the county. The county review process is a 5 month process. These studies look at three key areas; (1) need for additional skiing, (2) capacity of existing areas, and (3) transportation. Wells said both the planning office and independent consultant team suggest for a 10 to 15 year )lanning horizon, in the range of 10~000 additional skier capacity is needed. There are a multitude of alternatives to meet this need. Councilwoman Michael suggested having asking Snowmass to include some of the city's concern in the work program. Councilman Collins said he felt it was important that the criteria to be studied in the work program is the same in both programs. Councilman Collins said the only way to do that is go back to the original agreements. Wells said in October they had asked to do that by expanding Littl~ Annie study to include the same criteria for Burn. mountain, which was re3ected. Wells outlined points he would like to see included in the work program; (1) Aspen has a vote in the choice of consultant, which would include the wildlife issue, (2) seek sufficient time to examine the question of elk calving, which would not occur until spring. Mayor Edel pointed out the Forest Service has set of date of January 15 as the deadline for the permitted area and to make a decision. Mayor Edel said if the city does not go along with the work program, they will have no voice whatsoeve Snowmass is going to do this with the forest service, w~thout Aspen at all. Councilman Collins said he felt this would be abandoning the county's position by joining this agree- ment. Councilwoman Michael reiterated the four points to affect the work program; (1) seek a vote in the choice of consultants, including wildlife study; (2) examine elk calving in the late spring, (3) analyze Little Annie study program and pick up important questions which have been omitted from this work program, and (4) ask that the criteria on deter- mining whether there will be development or not be expanded. Councilwoman Michael moved to authorize the city manager and Mayor with the help of the planning office to contact Snowmass about the possibility of adding points 1, 2, 3, and 4 to the work program and to discuss the time frame problem of elk calving with the deadline; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Collins and Behrendt. Motion carried. CONSENT AGENDA Mayor Edel opened the public hearing on all items on the consent agenda; Mayor's deed for Ethelyne Vea; Ordinance 922, Series of 1980, Definition of Bedrooms Unlimited and Ordinance #44, Series of 1980, Lease with Pyramid Management for the Plum Tree Inn. Councilman Isaac questioned the Mayor's Deed for Ethelyne Vea. City Attorney Stock said this was for property at the east end of town. Councilmembers Isaac and Van Ness requested this be taken from the agenda as no one was representing the applicant and Council was not sure what this is. Councilman Behrendt moved to approve Ordinance #22 and 44, Series of 1980; seconded by Councilman Parry. Roll cal vote; Councilmembers Isaac, aye; Michael, aye; Collins, aye; Behrendt, aye; Van Ness, aye; Parry, aye; Mayor Edel, aye. Motion carried. Councilman Van Ness moved to table the Mayor's Deed for Vea; seconded by Councilman Isaac. All in favor, motion carried. Councilman Parry moved to adjourn at 9:35 p.m.; seconded by Councilman Behrendt. All in favor, motion carried. Kathryn~. Kodh, City CIerk Regular Meeting Aspen City Council September 8, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:10 p.m. with Councilmembers Parry, Behrendt, Collins, Michael, and Isaac, and Commissioners Kinsley and Child present. .. Ruedi Reservoir Settlement. John Musick reminded the Boards they had a meeting with representatives of Basalt, Carbondale, city and county and Bill McDonald, and laid out a