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HomeMy WebLinkAboutminutes.council.19800908Regular 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. 1. 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 direction for study of the operating principles of Ruedi. Musick was then to send a memo of understanding, which he did. Subsequently a meeting was held by the southeastern Colorado water conservancy district, which is the repayment entity for the Frying Pan- Arkansas project. At this meeting Rollie Fisher of the Colorado River District made a proposal to the Board to adopt a resolution to seek to restriction Bill McDonald's rights in representing the Water Conservation Board to work out an accommodation on Ruedi. They sent a letter saying the only parties with any rightS to participate in the operation of Ruedi is the Southeastern district, the River District, the Frying-Pan Arkansas commission as well aS the BOR and Water Conservation Board. McDonald had contacted Musick telling hi~ the Board was going to seek to censure McDonald at the Board meeting in Gunnison. Musick has asked members of the Council and Commissioner to attend the Water Conservation Board meeting to Gunnison to insure the Board does not censure McDonald. The possibility of censure could evaporate if Pitkin County was willing to agree that the only entity to negotiate and perform the studies is the Frying Pan-Arkansas Commission. The Frying Pan- Arkansas Commission would sign the memorandum of understanding, if there were to be one. The implications of this are positive for Pitkin County; the Frying Pan-Arkansas has the power to approve changes and modifications for the operation of the reservoir. Musick toll Council and Commissioners the Commission have five members; the U. S. Government has two seats; Bill McDonald one seat; Rollie Fisher has a seat and Tommy Thompson of the South East District has a seat. It requires an unanimous vote to change the way the reservoir is operated; this is to Pitkin County's advantage because the way the reservoir is operate( now is the way they would like to see it operated. Commissioner Child asked if Pitkin County a~rees~to the Commission. doing the studies, woulc they waive a legal right of protesting the findings later on. Musick said if Pitkin Count~ agrees with the Commission and if they perform the study and Pitkin County does not like the study results, their hands will be restricted. Musick said the County's position shou be to start out with what is the acceptable environmental level and how much water can be sold without endangering that. The opposing team will not start out with the environmenta~ level, they want to determine how much can be sold and then assess the environmental impacts. Councilwoman Michael said if McDonald is censured, Pitkin County can say good bye to any position they have at this point. Pitkin County should try to avoid that censure. City Manager Chapman said while working on this, Pitkin County needed to get the S.E. River District and the Colorado River Conservation District involved and get them at least talking. It seems like this can take it this step. Child said he felt the memorandum of understanding is a reasonable offer; it accomplishes what they want - an immediate sale while the studies are being done. Pitkin County is not deny any sale of this water. The alternative is going to court of this whole thing. Musick said they started negotiated first to avoid spending large sums of money. Musick said he could not assess why Pitkin County is getting the runaround because they did not sign the papers in the first place. This is more runaround than in past negoitations; but there are 15 announced parties who want to affect the outcome of Ruedi. A lawsuit will be wide ranging and involve a lot of people. Some of the parties want a big fight because this is the swing reservoir in Colorado; they are using Ruedi for an example, if you cannot get it together on Ruedi, the won't get any future projects. Musick stated he is prepared to file litigation. Musick said one more step, to attend the meeting tomorrow is a small step. Chapman said he felt negotiating has paid off for Pitkin County; they have not lost anyth~ and have gained time. People are talking to Pitkin County, and they have gotten down on paper a substantial and representative position. Musick agreed they have gotten the suppo~ of town managers of Basalt and Carbondale. Musick recommended a deletion go tomorrow and present the position of moderation. Councilwoman Michael and Commissioner Kinsley agreed to go as well as Chapman. Musick said the town managers from Basalt and Carbondale also planned to go; they are opposed to any release of the water in excess of 7200 acre feet. Commissioner Kinsley asked the alternatives. Musick said he was prepared to commence litigation; two of the three claims can be mooted by the BOR. Only the claim on the definition of the operation of the reservoir will survive. That claim is rife with comple: legalisms; it will be a tough uphill battle, very expensive with numerous opponents. The negotiating will require Council, Commissioners and staff put pressure on the BOR and CWCB to have them vote in Pitkin County's way on the studies and memorandum of understanding. Councilman Isaac brought up the power plant proposed for Ruedi and asked Musick to get involved in that. Musick said the County has directed him to file a motion to intervene in. the requested application for an FERC permit to generate power at Ruedi because they are against power to be generated for peaking power loads during the summer reservoir pool Councilwoman Michael moved that the city and county support the Frying Pan Arkansas Commission approach on Ruedi; seconded by Councilman Isaac. Kinsley said it seems like Pitkin County can negotiate without agreeing to the other side. Child said he would like to see what happens at the meeting tomorrow. Councilwoman Michael pointed out this memeorandum of understanding has no credibility without McDonald. Mayor Edel said the consensus is the City and County will go to the meeting tomorrow to follow through and see how it goes and then decide what to do. 2. Agreement on Land Trade for Law Enforcement Facility. County Manager Curt Stewart sail he had intended to bring a memorandum of understanding and wrap up of all discussions. However, this is a problem, so the deal is not finalized. The engineering staff has met on the access problems, and there are two alternatives. The concept of trading land is fine; there ar~ some~financial problems that have not been worked out. The County will proceed with the design and work out the other problems. Two access alternatives are Bleeker street or north of the Obermeyer building. 3. Dru~ Enforcement Administration. Mayor Edel said he had been invited to a meeting where the AVIA had DEA people from Washington D.C. in town. Mayor Edel said the DEA had presented a frightening picture of the amount of cocaine that goes through this airport. The DEA people said they need cooperation from the city of Aspen and wanted Aspen to sponsor an undercover investigation of the drug business. Mayor Edel reported it was the sense of Council that Aspen is incapsble of hanlding undercover work; it is the function of the DEA. They have 4100 members and a budget of $200~000,000. If Aspen is that high on the list, the should have a full compliment of agents here all the time. The DEA could not under- stand Aspen's position. COUNCIL MEETING MINUTES There were no minutes. ACCOUNTS PAYABLE Councilman Isaac moved to approve accounts payable for August; seconded by Councilman Parr, All in favor, motion carried. CITIZEN PARTICIPATION t. Bill McDonough requested to be placed on the agenda for his new building as Mill and Hyman. waiting until the next Council meeting would place to great a burden for this building season. Councilwoman Michael moved to put this item on the agenda; seconded by Councilman Parry. All in favor, motion carried. 2. Esther Beamer said she would like to try to do something about pedestrian safety on Main street. The people from the Community Church hope to do research and come up with a list ideas for Main street and maybe the highway department will look at these. Mrs. Beamer said he hoped to get citizens doing research and by next spring furnish a list of possible ideas for the city or state to do. Councilwoman Michael said Council had aske~ the staff to look at Main street and the downtown. The highway department is coming to Aspen October 17 to talk about Main street. Councilwoman Michael suggested getting int touch with the city manager to see to whom to discuss this with on staff. Mrs. Beamer said she just wanted to be able to go ahead and come up with a list of ideaS. Council agreed. 3. Dan McArthur, city engineer, presented two trophies won by the City of Aspen parks and engineering softball team. COUNCILMEMBER COMMENTS 1. Councilman Isaac said he would like an update on the Smuggler Trailer park negotiations City Manager Chapman said after the last series of public discussions, he and other staff had met with the owners of the trailer park. Chapman said he had reached a level at which he could go no further.~ The current owners felt not entirely satisfied with the agreement, but there was something they might be able to buy but had to get in touch with the majority partner. There remains one final detail that must be worked out. Chapman told Council by the next Council meeting he would have a report for Council. Housing Director Jim Reents told Council he was having a meeting with the FHA on the possibility of involvement of federal funding for the purchase. 2. Councilman Isaac asked for an explanation of the Parker Quillan suit. City Attorney Stock told Council Quiltan, represented by a realtor, came to the city for a pre-applicatio with staff and applied for the right to subdivide his property. The application was a request for subdivision exception and was taken to P & Z, and theY denied the application. The suit alleges the P & Z was acting arbitraily and capriciously in denying, and~alleges that three city officials were negligentlin that when they described the application process, they did not tell Quillan he could be denied. Stock said the problem is that between the first pre-application conference and the second one, the realtor recommended Quillan purchase the property, which he did. The matter is in litigation because the realtor did not receive his commission. The law suit asks for $250,000 and $50,000 in punitive. The city's insurance covers up to $1,000,000. Stock told Council he had hired Michael Ludwig in Denver who generally the party the City's insurance company hires and Stock asked Council approve this. Councilman Behrendt asked if the City should countersue. Stock said he had asked for a frivolous action that if the Court rules in the city's.~favor there will be payment of damages. Councilman Isaac said if the insurance company is paying for the attorney, that is fine; however, if not, the Council should get local counsel. Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Michael. All in favor, motion carried. 3. Councilman Parry moved to put on the agenda the status of Ruedi and the power plant; seconded by Councilman Behrendt. All in favor, motion carried. 4. Councilman Parry moved to put Ed Hicks/LaTortue request on the agenda; seconded by Councilman Van Ness. All in favor, motion carried. 5. Councilman Parry pointed out that chairs are disappearing from the Council Chambers and people have to stand up. This has happened before. Councilman Parry asked Chapman to look for these chairs. 6. Councilman Behrendt cOmmened Parks Director Jim Holland for what he has done to the parks with the budget he had. Councilman Behrendt said he had never seen Wagner Park in such good shape. 7. Councilwoman Michael said she WOUld like to ask staff to begin work on energy develop- ment and the western slope. Councilwoman Michael said she was concerned about the impact that oil shale development will have on Pitkin County and the Western Slope. COuncilwoman Michael suggested asking the planners to find time to plan and begin to come up with professional opinions on how Pitkin County and the Western Slope will be affected in terms of transportation, highway, housing, patterns of behavior. Also t6 work with the Ski Corp regarding the tourist industry on projections on what a day trip skiers will be doing here, how that impacts government and the lodging industry. Councilwoman Michael said there should be a meeting in 3 to 5 months on what is found, Mayor Edel said this is beyond just planning and will affect Pitkin County in many.ways. There is a lot of material already available. City Manager Chapman said, from the feelings at the energy conference, there is a desire to do more than just talk about the problem and a willingness to participate in develop- ing some substantial plan for the future of the Roaring Fork Valley. Geographically, thos~ were the parameters. Chapman recommended to Council as part of a budgetary consideration, the City of Aspen provide financial support for an effort to begin looking at the next 5 to 10 years in the Valley. Perhaps the City should not do it themselves but to provide logistical support for a community effort. Chapman said the city should talk to the other governmental agencies to see if they are willing to provide support on that basis. ChapmaI said the staff could come back with a plan for accomplishing this. Also, the entire western slope should be organized. Planning director, Karen Smith, told Council she had budgeted for an energy and planning forum to take place next spring. Ms. Smith said planning for the next decade needs to look beyond politic jurisdictions of Pitkin County and realize this is part of a much bigg~ thing that is happening. Mayor Edet said he agreed with this idea; however CAST, Ski Colorado U.S.A. and other groups are saying the Western Slope has no voice ak all and has never had a voice. They are talking of having 1,750,000 people here; the Western Slope wants to have a voice on how that is being shaped. People are working to put together a group to meet with the Eastern Slope as a first step at getting a voice to Denver. This development is the largest thing that has happened to the Western Slope and it is being kicked off by oil shale. Councilman Isaac suggested using the COG staff whiCh has been getting federal funds on energy impacted communites and has some expertise. 8. Mayor Edel told Council the staff is working on finalized arrangements to have Bob~ Grueter act as interim attorney. RUEDI RESERVOIR - APPLICATION FOR POWER PLANT City Manager Chapman told Council the county has authorized John Musick to take action on this application. John Musick told Council Harrison/Western Corp out of Denver have filed an application to install a hydroelectrical power facility in Ruedi dam in the existing comstocks, which were designed to accept a hydroelectric facility. Their application with the FERC is a way to hold their place in line; other parties are vying for this. Musick said the River District and Glenwood Springs have been looking at a power plant facility there for years. Musick said the application has three facets of interest. One, it is acknowledged there will be an impact on certain species of trout, notably cutthroat. Two, the method of generation is that they will be selling peak power. Three, this will be during the summer months out of the reservoir's pool. They are not specific that they will be taking only the water that is released from 106,000 to 86,000 every year, or if they will be taking in,addition to that and reducing the level below 86,000 acre feet. Mayor Edel questioned why the City should get into this if the county is in it. Musick said if the city ever thinks they want to litigate it, they must file the papers. Councilman Parry said he felt it would be good to have a power plant in this valley. Musick agreed and said he would like to see the city rethink its stand on self-generation of power and have the city put in its own FECU permit. Musick said the city had water rights for a power plant out of Maroon and Castle creeks. Musick said there new tax laws that would allow private investors to help finance these projects. Councilman Behrendt said in order to reserve a place in line, these papers have to be filed by next month. Councilman Behrendt moved to file to be a party participant, not to oppose power generatiol but oppose this application as it preempts any regional application~and affect the water rights; seconded by Councilman Isaac. All in favor, motion carried. McDONOUGH REQUEST Bill McDonough presented a model of his new building for the corner of Mill and Hyman and told Council this had received HPC approval. One wall is 2-1/2 feet into city property and he would like to go up with a new facade 3 feet. They will take the roof overhang off and put up a facade. The building department told him they needed Council approval to go up in an existing encroachment. Councilman Behrendt moved to grant a license to encroach as described; seconded by Council. man Parry. All in favor; Councilman Collins abstained. Motion carried. PARKER QUILLAN SUIT City Attorney Stock told Council an answer in this case must be filed by September 22nd an, Stock cannot represent the city since he is named in the lawsuit. Stock recommended approval of Michael Ludwig as special counsel in this matter. This is subject to a new city attorney being hired, who may wish to take over this case. Councilman Behrendt moved to appoint Michael Ludwig in this matter; seconded by Councilman Parry. Councilman Van Ness asked how much this would cost. Stock said the city would be paying Ludwig's hourly fee of $125 per hour. Councilman Van Ness said he felt it was a bad idea to hire someone in Denver; the city ends up paying for travel time. There are lawyers locally who could do this. Stock said Ludwig is the general counsel for the city's insurance company and has been hired on at least 5 cases for the city. Ludwig does charge travel expenses but not travel time. Stock said he recommended Ludwig to the city because he was going to be participating in the case for the insurance company and there is a possibility Ludwig can get the insurance company to pay for some of this. Chapman said the insurance company will end up paying if this case is lost. The city will be well of obtaining the insurance company's loyalty and to continue to have good working relation ships with this company. All in favor, motion carried. ED HICKS/LA TORTUE Karen Smith told Council Ed-Hicks came to the planning office to ask if La TOrtue could be given permission to stay at their current location un~il next summer. La Tortue was involved in an application made by Steve Marcus for ~rowth management commercial quota in the 1979 quota. Marcus applied for approval for a building of 13,500 square feet. Marcus received an allocation of 6,075 square feet, taking the remaining 7,500 square feet from buildings Marcus would demolish. Marcus only needed the lower quota because he was going to demolish certain commercial space to get the balance; La Tortue was part of the space Marcus proposed to demolish. Ms. Smith had told Hicks the city could allow La Tortue to remain on its site until such time as the new building received a certificate of occupancy. The new building hoped to receive a certificate of occupancy by January lst; however,, it is not likely to receive one until next spring. Mayor Edel asked about Hicks' statement that there are different phases to the new buildin and they won't be for another three years. Ms. Smith said the second phase of the buildin has nothing to do with the quota-that has already been given for the first phase of 13,500 square feet. La Tortue was calculated in the first phase. Councilman Isaac asked if the city could give assurance La Tortue could stay through the winter. Councilman Behrendt suggested allowing him to stay until April 15. Ms. Smith said there may be a legal problem if a commercial structure is allowed to exist which has been counted in somebody's new commercial quota. Councilman Behrendt moved to direct the city manager to direct the appropriate people not to order the removal of that building until the 15th of April; seconded by Councilman Parry. Councilwoman Michael said this should have gone through staff first for their comments. Ms. Smith said the building inspector has already given permission to stay until the c/o is issued. The original condition was that once the building permit was taken out, the structure would have to be demolished. All in favor, with the exception of Councilman Collins. Motion carried. PROPOSED SALE - PLUM TREE INN City Manager Chapman said members of Council requested staff to present a marketing plan for the Plum Tree, which is included in Council's packet. If Council approves the procedure, the staff would sent the packet of information to local real estate agents and establish a deadline for receipt of proposals for the Plum Tree. This is an open-ended proposal to tell interested people to give the city their best proposal. The city is not giving specifications for a bid but are leaving it open to determine the best deal. After the deadline, the staff would analyze the received proposals; then return to Council with the top proposals. If CounCil decides to enter into a long-term lease, there would be no necessity for voter approval. If Council decides the best proposition is a sale, it would be necessary to have voter approval. Chapman pointed out this proposal asks for thoughts including the tennis courts or no tennis courts. The staff is not making a pre-judgment in this. Another point, the city would like a proposal to include consideration for a golf pro sho~ as part of a complex. Chapman brought up another point, which is the commission schedule on the sale of the property. Staff is recommending for approval an incentive commission schedule designed to get proposals at the top end of the price scale. The schedule says is the sale price is $2,500,000, they would get 4 per cent of the first million dollars they would bet 6 per cent of the next million dollars, and 10 per cent over that. This is designed to discourage those proposals at the lower end of the say schedule. Council discussed the commission scale. Mayor Edel felt it was too high and was no incentive to buyers. Councilman Behrendt moved for 4 per cent on first million and 6 per cent on everything above that. Motion DIES for lack of a second Mayor Edel said the city is sending out this package to real estate people to elicit offez The city will then go to the voters with a concrete offer to see if they want to sell. it. Councilman Behrendt moved for flat 6 per cent commission on the deal; seconded by Council- man Parry. Councilwoman Michael said she assumed at some point there will be a public meeting to discuss sales advantages and disadvantages, employee housing advantages and disadvantages Councilwoman Michael said she sensed this is very expensive employee housing, and there is not a market for a room. Chapman said the intent of staff is to have meetings and information for Council to make an informed judgment and they have to know what the marke- place is like to sell it. Ms. Butterbaugh brought up a settlement commitment of $250,000 which is on the balance sheet and will have to be paid off in a year. If the Council goe: with employee housing, they will have to pay for renovation as well as the pay back. Councilman Behrendt asked if the Council were going to give parameters, such as changing zoning, allowing more stories. Councilwoman Michael said she would from people their ideas and the different ways to go. Councilman Behrendt asked if it would be reoffered to everybody on a basis that Council accepts. Chapman said he felt the market place woul( be more imaginative and creative that the city. This is an open bidding with only a deadline. All in favor, with the exception of Councilmembers Michael and Collins. Motion carried. C~apman recommended a 60 day proposal deadline With another 30 days for the staff to evaluate the proposals. The Council will take another month to look at the proposals. Councilman Behrendt said if parameters are not set, and someone asks for special consid- eration for their proposals, shouldn't everyone else have a chance to resubmit based on the new parameters. Chapman said Council could do what they like; however, with open proposals on 60 day limit it rewards the most imaginativebperson. Doing it the other way would extend the time period out. Gideon Kaufman said the problem with the peddling ~egu±ar ~ee~lng ~ ~u3 ~vu~z~ . idea is that the Council wants people to go spend time and money to develop an idea. If all does is trigger everybody else to do it, it will discourage people from coming up with new ideas. The best way is to have everyone come in with their best shot, and if they have the best shot, they get it. Mayor Edel said he felt Chapman's proposal makes a lot of sense; however, the 60 day deadline may be too short. Chapman said he was look- ing at working against the deadline for the May election to have this question on the ballot. Councilwoman Michael moved to authorize the city manager to contract for appraisal of the Plum Tree Inn and associated property, solicit, accept, qualify and evaluate offers to purchase the property and improvement as described in this agenda, and present by Decem- ber first offers to Council for evaluation; in the final analysis to place the issue on the election ballot in 1981; seconded by Councilman Behrendt . All in favor, motion carried. Ms. Butterbaugh asked if the city could not close or if there were a "no" vote, would renegotiation of the one year note put the city in violation of the Code that does not permit long-term note. City Attorney Stock said it would not. METERS IN TAXI CABS Chapman told Council this ordinance is only up for discussion. The staff has discussed this idea with owners of both taxi companies in town. Chapman said Mellow Yellow is ~n favor of meters in caps if they get their rate increase request from PUC. They have no problems with the ordinances as proposed. Hy-Mountain is also in favor. City Attorney Stock said he took the definition of taxi cab from a state definition. Councilwoman Michael moved to place the taxi cab ordinance for first reading on the agenda September 22, 1980; seconded by Councilman Behrendt. All in favor, motion carried. DOWNTOWN SIDEWALK AND LANDSCAPE PLAN Ms. Smith told Council this is a report to g~ve Council the progress in the development of standards for ~owntown landscaping and sidewalks. This is to give Council time to react and to allow an expansion of the study. The consultants Gage Davis have partici- pated with Pitkin County Parks Association and because of their participation Gage Davis reduced their price and the PCPA contribution, this study cost Sll00 less than anticipated Nolan Rosetl, Gage Davis, said they worked with PCPA to look at opportunities existing in the downtown area for landscaping and sidewalk improvements. The downtown is a con- densed core with opportunity for major improvements. Rosall presented slides with s~me work done already. Rosall said they would try to bring together the private sector to identify redevelopment opportunities in the downtown area to make pedestrian atmosphere strong. They have discussed the pedestrian safety aspect, concern for crosswalks. Rosall said the alleys are historically a problem and need attention. Some of the areas between the sidewalk and curb have not been taken care of. Maintenance is a problem in some areas. Rosall said the visitor does not get a consistent feeling in downtown; a consistent downtown treatment would improve the appearance of it. Some intersections are not defined well in terms of crosswalks. There are some inter- sections with a great deal of confusion. There are several ways to deal with crosswalks; one is stay-mark crosswalks that are to last for 10 years. The use of brick pavers with concrete edging provides an attractive alternative and marks the pedestrian zones. Another possibility is neckdowns, which have potential to define crosswalk area and force the cars to move away from the intersections to get a better view. Neckdowns do create a problem in Aspen because of the snow build up in the winter. Rosall showed an idea of seasonal neckdowns, which during the summer could be planted and have steel posts and in the winter the intersection would function normally. Rosall showed various types of paving materials used in Aspen and the variety of conditions a pedestrian has to deal with. Rosall suggested various types of sidewalk treatments; however, there should be some general parameters for sidewalks and landscaping. An important matter is the question of maintenance. Some suggestions as the use of brick edging, concrete or steel tree grates, meandering sidewalk to save trees. Rosall suggested designated three zones in the down- town area; A - would be the richest texture and most expensive located on Mill, Galena, the major pedestrian used streets; B- are streets not quite as heavily used and could be done less expensively; C - would be the peripheral streets. Rosall showed some examples to be used in the various zones. Rosall said the interface of the downtown with the lodg~ district is very important; a great many visitors are concentrated there and much of that is foot traffic. Rosall told Council Aspen was down in percentage of skier visits compared to other areas. There are many reasons; however, maximizing the downtown could help. This could occur with some private help. There is a need for guidelines for peopl~ as they improve their property; a downtown association could review these parameters and perhaps provide financial incentives. Ms. Smith said the planning office has received a lot of enthusiasm from people in downto% as well as PCPA. With Council's mandate from staff to set up a downtown commission, ther~ will be a mechanism to organize a public and private effort to improve the downtown area. Hal Clark, PCPA, told Council they have been involved for over a year and have been following this with the idea of contributing money directly, and/or serving as an advisor~ board to review applications for improvement. Councilwoman Michael said there is no question but that the downtown needs to be looked at. Another effort going on is to increase pedestrian safety and improving the traffic problem. Councilwoman Michael said she would encourage the downtown group to begin to organize the public/private section and to develop guidelines for materials. The staff should look at a long term capital improvement program. Councilwoman Michael warned this like the downtown plan ressurected which was defeated as a plan in the last election. There is no reason the city cannot takes the best parts of it and find a different way to fund it; however, Councilwoman Michael stated she was not interested in getting into different sidewalk zones. The feature of the downtown is different buildings. Councilwoman Michael said she felt the biggest problem with the downtown plan a year ago was that is was over-designed. Councilwoman Michael said she would like to look at this plan in terms of safety flow of cars and people, organization in terms of sidewalks, tryang to get people to do the maintenance on their property, and the public/private effort. Rosall agreed this should be aamed at easy maintenance and safety; the idea would be to provide flexibility to the developer. Councilman Collins asked if thought had been given to a downtown street improv ment district. Ms. Smith said this is an alternative but no specific recommendation is being made. Ms. Smith told Council one of the products of this would be a booklet which is a guideline as to what kinds of treatments for sidewalks, a range of treatments, what kinds of vegetation do well, what kinds of maintenace do well. Ms. Smith presented a chapter of the intended booklet. Stephan Kaelin said he felt the downtown is very nice and is for further amprovang it; however, why has nothing ever been done to Rubey Park parking lot, which is a total disgrace. All the tourists and locals go there and it as a real mess. Hal Clark said this program would be mostly funded by private sector dealing with public property; this is no~ talking about a bond issue or closing the streets. Councilman Isaac said this is a cooperative effort, which is a major difference from the downtown plan. Councilman Behrendt moved to authorize the Planning Office to utilize $1,100 toward the expansion of the current downtown sidewalk and landscpaing plant into the lodge area; further the staff is directed to look for other sources of funding to complete this project, including seeking participation by lodge district land owners; seconded by Councilwoman Michael. City Manager Chapman told Council he is currently drawing up a Charter for the downtown commission. Ms. Smith said the $1100 would be to expand the study.to look at the lodge zone for variety and type of treatment for sidewalk and landscaping in that zone and the intersection with the commercial zone, and some severe problems in the lodge zone. The managers of the North of Nell building told Council they have been trying to upgrade the building and have continually run into the problem that behind their building is Dean street, which is treated as an alley. Hopton said, at his own expense, improve it but have not been able to get an answer~'~out of the city. Hopton said they are trying to establish where the street is, there are junk cars there, there is a dumpster in the street on city property. Hopton said it does-them no good to clean up-their trash if everyone else's blows around. Ms. Smith said there are two different issues here; the Hoptons are cooperative and want to do landscaping in certain areas. Also, there is a complaint on what is going on behind North of Nell building. The city departments have looked at this, made recommendations on what the city can do, which is insufficient in terms of solving the problem. Ms. Smith said the city would need to work with a private landowner who is adjacent. There are limitations to what the city can do. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE 950, SERIES OF 1980 - Allowing Employee Units in Nonconforming Lodges Ms. Smith said this code amendment would allow non-conforming lodges to expand to add employee units. Originally this ordinance would have dealt with the single family zone differently than denser districts similar to the housing overlay. The P & Z recommends to Council to treat expansion of lodges in single family and other zones an the same way through a special review process looking at criteria similar to those in the housing overlay. The planning office recommends to treat the single family zones differently than. the more dense zones and allow expansion in the single family zones only up to 700 square feet because there is no FAR or bulk Control. Councilman Isaac asked if this is looked at under special review, why is there is 700 square foot limitation. Ms. Smith said opening this up to unlimited expansion is too scary on the single family zones. Councilman Behrendt asked where the parking spaces for these employee units is addressed. Ms. Smith said it is not, however, they could add 2(f) stating availability and adequacy of parking. Mayor Edel asked, rather than have all the review criteria, just say if you have a non- conforming lodge and you want to build ~600 feet, do it. Ms. Smith said the Council had initiated this out of the lodge preservation ordinance, requesting lodges be allowed to construct employee units. This states the city will consider expansion but there must be some reason because there are no controls or guidelines, no zoning parameter. The guidelines are similar to those in the housing overlay, and this special review is not a lengthy process. Gideon Kaufman worked on this with P & Z, who was in favor of allowin~ the flexibility where more than 660 square feet is appropriate. In some R~6 and R-15 there are multi-family and lodges; all the lodges get the benefit for is employee units. The P & Z wanted to keep the flexibility there could be some cases where more than two units or 700 square feet would be appropriate; let's not preclude these people. Councilman Behrendt said he did not like the section that allowed unlimited expansion in the R/MF, CC, C-l, S/C/I and NC zones especially where they do not have sufficient land to do this. Councilwoman Michael pointed out this section also said provided there is no increase in lodge units; this will probably not get a lot of employee housing units. Councilwoman Michael said this ordinance should say how long the units are deed restricte, Councilman Behrendt said he would like the ordinance to say, housing appropriate to that particular business on that particular lot. Jim Reents, housing director, told Council that with the exception of one or two zones, the Code states that employee housing has to be an accessory use to the principle use on the site. Councilman Behrendt requested this phrasing be added to ~he ordinance. Councilwoman Michael stated she liked the idea and the distinction between zone districts; however, does not like special review guidelines. This gives the board the power to look at guidelines and turn down expansion of lodges. This kind of review has potential arbitrary uses for the Board. Ms. Smith said the overall reason for having guidelines is to give the applicant some guidance so what the city's major concerns are so that they do not draft an application that has nothing to do with the city's concerns. This is intended to give guidance to aim. Mayor Edel said the city keeps piling regulations upon one another; it seems so complex. Councilman Behrendt asked if it would be possible to build new tourist units and use old tourist Units for employee housing. Ms. Smith Said it is intended for this to happen. Stock said the ordinance reads that non-conforming lodges may be enlarged, etc., but it also says reconstructing and remodelling. Ms. Smith suggested language like the renova- tion of existing square footage for employee deed restricted units may be recompensed by the addition of tourist space - equvilent space, one for one. Councilman Isaac said he would like to throw out the 700 square foot limit on additional space. Councilman Behrendt moved to read Ordinance %50, Series of 1980, with the suggested amendments pertaining to (1) exchange of old space for new space, (2) parking criteria, (3) employee units are accessory to the principle use, (4) employee deed units restricted in perputity; seconded by Councilman Parry. All in favor, with the exception of Council- man Collins. Motion carried. ORDINANCE %50 (Series of 1980) AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE ADOPTION OF ANEW SECTION 13.11 WHICH ALLOWS THE ENLARGE- MENT, EXTENSION, CONSTRUCTION, RECONSTRUCTION, OR STRUCTURAL ALTERATION OF A NON-CONFORMING LODGE FOR THE PURPOSE OF ADDING EMPLOYEE HOUSING AND ESTABLISHING A REVIEW PROCESS, CONDITIONS AND REVIEW CRITERIA FOR SUCH APPROVAL was rea~ by the city clerk. Councilman Behrendt moved to adopt Ordinance ~50, Series of 1980; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Isaac and Collins. Motion carried. ORDINANCE ~20, SERIES OF 1980 70:30 Growth Management Exception. Mayor Edel opened the public hearing. Jim Reents, housing director, told Council the current legislation says one matches bedroom to bedroom between free market and restricte~ market units. The 70/30 approach anticipates a Robin HoOd approach in creating the housing and one intent of the ordinance is not to limit the marketability of the develope~ The original 70/30 was not the best approach, so Reents suggested revising the language to 70 per cent of the units rather than 70 per cent of the bedrooms in any project. There is also a recommendation for a consideration of an average unit size within the restricte~ project of 1.5 bedrooms per unit. Reents told Council this code amendment gives the most flexibility to dictate what the employee housing should be without impacting what developel can sell which will subsidize the 70 per cent employee units. Reents told Council one intent of this amendment is to put less burden on the developer; he can assess the market need and define that in terms of bedrooms for a project. The interest is to leave the developer the most flexibility to make his project work. Gideon Kaufman noted to Council a small project under 70/30 as in the growth management plan has tremendous disadvantage. Kaufman said any project under 10 units may have trouble complyJ There is a case with an existing duplex who wants to add four employee units; this comes out to 66-2/3. Mayor Edel agreed there is a range of groups falling into this; the planning office is looking at this. Ms. Smith said she is addressing both the growth management quota system and this; they will look at alternatives of addressing small projects under 10 units. Councilman Van Ness agreed 70/30 discriminates against projects under 10, and think we should go 2 to 1. Mayor Edel closed the public hearing. Reents recommended rather than 60 per cent of floo! area ratio for employee units and 40 per cent for free market, it be 50/50. Councilman Behrendt moved to read Ordinance %20, Series of 1980,~ amending 24.10-2(i) where at least 50 per cent of the residential floor area is devoted to deed restricted units, and"; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~20 (Series of 1980) 'AN ORDINANCE AMENDING THE EXCEPTION PROVISIONS OF THE GROWTH MANAGEMENT PLAN AND ALLOWING FOR THE EXCEPTION OF PROJECTS WHICH ARE DIVIDED SUCH THAT 70% OF THE HOUSING CONSTRUCTED IS DEED RESTRICTED WITHIN THE TERMS OF SECTION 24-10.4(b) (3) was read by the city clerk Councilman Behrendt moved to adopt Ordinance %20, Series of 1980, on second reading as amended by adding "where at least 50 per cent of the residential floor area is devoted to deed restricted units, and" in 24.10-2(i); seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Behrendt, aye; Isaac, aye; Collins, nay; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE %45, SERIES OF 1980 Off-street parking space size reduction Mayor Edel opened the public hearing. Councilman Isaac asked where there were two widths for different zone districts. Jolene Vrchota, planning office, reminded Council they were against a building getting more space by having smaller parking sizes. This only happened in certain zones; O, S/C/I, NC, L-1 and L-2. The planning office rewrote this section so that in those zones if the parking size is reduced the additional space shall be used only for open space and landscaping purposes. This reduction shall be done by special review. Councilman Isaac said he would prefer not having a special review in this case but letting it be a given. Stock said this would allow the architect for the applicant to make the choice as to what size the parking spaces will be .'. ' ~ Council decided to leave the parking at 9-feet in the 0~ ~r/C/I, NC L-1 and L-2 but-it may be reduced. Mayor Pro Tem Behrendt closed the public hearing. Councilman Isaac moved to read Ordinance %45, Series of 1980, as amended to read, '!In the O, S/C/I, NC/ L-l, and L-2 zones, each off-street parking space shall consist of an open area muasuring nine feet wide by eighteen feet long and seven feet high, which nine foot width may be reduced to eight and one-half feet given that the addition space not used for parking shall be used exclusively fOr open space and landscaping purposes " seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE #45 (Series of 1980) AN ORDINANCE AMENDING SECTION 24-4.2(a) OF THE ASPEN MUNICIPAL CODE REDUCING THE REQUIRED WIDTH OF OFF-STREET PARKING SPACES FROM NINE (9) FEET TO EIGHT AND ONE-HALF (8-1/2)FEET was read by the city clerk Councilman Parry moved to adopt as amended Ordinance %45, Series of 1980, on second read- ing; seconded by Councilman Isaac. Roll call vote; Councilmembers Collins, nay; Parry, aye; Isaac, aye; Michael, aye; Mayor Pro Tem Behrendt, aye. Motion carried. CANYON CABLE RATE INCREASE Sandy Sommers, manager of Canyon Cable, was present to answers any questions regarding this rate increase; this does not require Council permission. Sommers said their fraalctlis fee is 3 per cent, which is the maximum allowable under government regulation. However, the city is not a state body and this may be illegal. This is done between'Canyon Cable and the city as a mutual agreement. This results in about $9,000 a year. The city and county rates will be the same. Sommers told Council that Canyon Cable is substantially less than other ski area cable rates. Sommers pointed out there are more channels here than other ski sreas. REFERRAL OF PARLOUR CAR RESTAURANT EXEMPTION FROM ABATEMENT i Richard Grice, planning office, told Council the only advsere impact any neighbor brought up was parking, and the Commissioners dealt with that by requiring the same number of parking spaces to continue. Councilwoman Michael moved to endorse the exemption from abatement for the Parlour Car recently imstituted by the CoUnty; seconded by Councilman Collins. Grice said the P & Z recommended an extension of their amortization period to the term of the leasing leading to abatement. The Commissioners granted a permanent abatement. Councilman Behrendt suggested doing it to the length of the lease in case the Parlour Car leaves. Grice said this abatement is specifically to the Parlour Car; you cannot make a structural change to a non-conforming use. All in favor, motion carried. CODE AMENDMENT - Exclusion of Conference or Meeting Room Space from FAR Calculations Council asked staff why this was being done. City Manager Chapman reminded Council the applicant had brought in a code amendment, asked to be on the agenda and the staff had not had time to review it. The staff then tried to work with the applicant to come up with what they wanted to achieve and make a recommendation to Council. Ms. Smith said Ashley Anderson first came up with a solution and then asked instead fOr a code amendment. The solution was to consider two adjacent lots as one and that the FAR across both lots woUld have to come into compliance to do what they wanted to do within the FAR. Chapman said the staff is trying to meet the objective of getting non-conforming uses closer to FAR as opposed to offering the alternative of taking previously subdivided land and replatting it. Ashley Anderson said they want to figure out a way to build a meeting, not just to reduce non-conformity. Anderson said they wanted to face this on a broader basis and that is he presented this code amendment. Councilman Behrendt said he was all for conference space; however, he wanted to know why this ~was not before P & Z. It seems inappropriate to have it before Council. Anderson said because of timing, they were in front of Council An applicant has a right to come to either P & Z or Council for a code amendment to have it sponsored. Anderson said the applicant needs to know if they are on the right track; the city will lose a lot of conferences if this meeting space is not built this winter. Councilwoman Michael agreed this is a critical problem. If Council gives the applicant some indication of their feelings, this will immediately go to P & Z. The laW allows Council to initiate a code amendment; Council can give staff and the applicant an indica- tion they would like some broad-based solution to this problem. Mayor Edel asked why the specific solution to this problem was turned down. Ms. Smith said the proposal was to use the adjacent lot; Staff answered if one is going to use the adjacent lot, it should be used to reduce the non-conformity of the lot it is attached to. At that point, this was removed from Council agenda. Anderson told Council they felt the Staff's solution was unacceptable; they will not not lodge-zoned, free market property and deed restrict it forever against development to build 3,000 square feet of conference space. Anderson said the applicant offered to deed restrict 3,000 square feet; the staff wanted deed restricted as much square feet as the Continental Inn was over FAR. Chapman said Council needs to make a judgement whether it is more important to bring existing, non-conforming uses closer to conformity, or is it more important to permit an existing level of non-conformity fOr a conference space. Mayor Edel said the applicant's option was never presented to COuncil. City Attorney Stock said any one of the three solutions will require a code amendment; his recommendation is the first two solve only the problem at the Continental Inn. This is a city-Wide problem and the problem should be solved to everyone's benefit. ReguLar Meetlng aspen ~uy Councilwoman Michael to ask to initiate a code amendment process, which by staff and Council and P & Z work, attepts to solve the broad-based conference room problem; seconded by Councilman Behrendt. Councilman Behrendt asked if it would be possible for an interim solution to entertain the original proposal from the Continental Inn involving a trade of 3,000 for 3,000 square feet so that they can begin construction immediately and there is no damage to the community. Anderson said the Code says something can be done to a non-conforming lot as long as the non-conformity is not increased. If the applicant gives 3,001 square feet, it is their position they have the right to build 3,000 square feet. Stock said the city's Code does not allow a lot to be modified, it says a structure may be modified so as to decrease its non-conformity. 'Adding 3,000 square feet of land is not modification of structure; technically the Code does not allow for this proposal. Dick Wilhelm said this is of much greater impact than one 3,000 square foot meeting room at the Continental~ The immediate concern is for the community; this summer tourist business was down, conference business was up. The tOwn will lose several meetings that have been held here; if there is no meeting room in the lodging core, people will gO to other resorts. This does affect the tax dollar of this community. (Mayor Edel left Chambers). All in favor, with the exception of Councilman Collins. Motion carried. Councilman Behrendt requested to pursue trading square foot% Mayor Edel Said there is no question they are way over their conforming limits; also, there is~no question this would be good for the community. Stock said rather than say building, you would say building or the land may be modified. Stock told Council What happens when one purchases a property that is non-conforming in some way, the Code itself suddenly require the two pieces of property run together. Anderson s~ated the only non-conformity is the structure is too large on the lot; there is nothing in the Code that says you cannot get around that problez by enlarging the lot. Councilman Behrendt said if the applicant reduced the non-conformit be offering more square footage off the other lot, does that solve the problem. Stoc~ said in looking at the Code and applying a very technicaI defition, it says building and the Code is to be interpreted based on standard use of language; building is structure not land holding. Chapman pointed oUt the law is also as practiced, and if practised the Council had interPreted building to mean land this would hold up in Court. Stock outlined the Code, Section 12.3 non-conforming structures, saying how a structure can be enlarged altered or modified without the necessity of becoming conforming; Section 12.4 talks about non-conforming use; Section 12.5 talks about non-conforming land mass, this is when one does not have the minimum lot size for the district. The Continental Znn has more than the minimum lot size, the structure is too large. Councilman Behrendt asked if they offered a larger area than 3,000 square feet thereby reducing the non-conformity of the overall structUre, would they not be within. Stock ansWered with the second part of the phrase, they are complying with that Code section. Councilman Isaac said the city should be consistent in their treatment of non-conforming buildings; the city has been trYing to bring them intO conformity. Anderson said they would give 3,001 square feet and restrict it against further development so that it becomes part of the Continental. Ms. Smith said this means instead of 24,000 feet of development on that lot, there will be 21,000 square feet of development. Councilman Parr5 said the lodging facility is important to the town, so is the conference room. Stock said there was a precedent in a variance granted by the BOard of Adjustment to allow a~modifi- cation of lots in residential district for side yard setback, which is a non,conforming structure. Stock said i~ the P & Z they had allowed an applicant to go forward and then processed a code amendment. Ms. Smith asked if the applicant would be willing to remove this conference space in favor of some larger solution they might build later. Anderson agreed they would tear it down in order to remove the deed restriction on those 3,000 square feet. Councilman Isaac said they should write up an agreement to build 3,000 feet conference room and deed restrict 3,001 feet on a temporary basis. When they want to develop, they will remove that structu~ and the city will remove the deed restriction. Lee Miller, condominium managers, stated this conference room would benefit the community with the ~ype of guest conferences bring in. John Thorbeck, Aspen Skiing Corporation, said the Ski Corp is hOsting the World Cup; they would like to have an annual world cup. Thorbeck has been told that to attract the World Cup depends, not on the mountain, but on the meeting and press facilities. Stephan Kaelin wanted'to reinforce the urgency of this project; it would allow the retail community to continue and upgrade their quality level. They are much too seasonal at this point and affects the seasonalitY of the employees. Councilman Isaac moved to direct the city attorney to Write up an agreement to build 3,000 square foot convention room; deed restrict 3,001 square feet on a temporary basis, the lot will not be used as long as the structure is there; when they want to develop, they will remove the conference structure and we will remove the deed restriction on the land; seconded by Councilman Parry. Council asked for the staff to bring the agreement back at the next meeting. All in favor, with the exception of Councilman Collins. Motion carried. REQUEST TO LEASE TROLLEY CAR Earl Brown introduced himself. Monroe Summers, marketing director, told Council Brown wanted to lease a trolley car for use in a food service operation adjacent to the North of Nell building and near Little Nell base area on a strip of land owned by Stan Johnson. The is before Council to see if they are interested in leasing the land to Brown. Chapman told Council there are other processes Brown has to go through, but if Council is not interested it will save Brown time and troUble. Summers told Council he has been requeste~ to bring them up to date on offers received, dollar value, etc. Councilman Isaac said it would be appropriate to 10ok at this all at once. Councilman Behrendt asked if there was a statement from Little Annie's regarding use of the trolleys. Joe Wells said he had hear( nothing; their transportation proposal is based on buses... Councilman Parry said he would not want to sell one. Brown said it was his intent to keep the trolley car in the original condition. Tom Dunlop, environmental health officer, told Council it will take extensive interior remodelling to comply with the food regulations. Councilwoman Michael said she did not have a problem leasing the trolleys, but is it legal to have a restaurant on that property Stock answered a restaurant is only allowed as an accessory use to skiing. Brown said his would file an application and go through proper channels; he just wants an indication of interest from Council in leasing the car. Councilman Isaac said he would like a report on the status of all 6 trolleys before making any decision. Councilman Bekrendt said he would be inclined not to lease the cars and to keep the optior for Little Annie's open. Charlie Hopton, manager of North of Nell, said there is a public hearing for a chuck wagon at Rubey Park; there is enough ticky tacky around. The Council hear a proposal for beautification earlier. Hopton stated he was opposed to this. BURNT MOUNTAIN RESOLUTION Joe Wells, planning office, told Council he met with Snowmass and discussed Council's concerns about the work program. Regarding the wildlife and elk calving study and the timing program, without the planning office knowing, Snowmas started this study last year. They retained someone from CSU last spring to study the critical elk calving. Wells said the Town of Snowmass had no objection to Aspen submitting consultants, however Wells was.not clear whether Aspen got a vote. Mayor Edel felt they did. Wells has not seen a-revised work program to see how the language was handled. Wells said another of Council's concerns was certain question in the Little Annie P~o~ram that had been omitted in this program. They were omitted because they were generally questions that would be found in a application filed with the appropriate governmental body or they were questions which had already been answered in the Little Annie study. There was an addendum drafted for the forest service to sign. There is a letter from the forest service stating they will not sign this but will submit a letter stating basically the same thing. Councilwoman Michael moved that based on the planning office memorandum, the City of Asper join the Town of Snowmass Village ~n this Burnt Mountain study and work program; seconded by Councilman Parry. All in favor, motion carried. PROPOSAL FOR PEDAL-CAB SYSTEM Monroe Summers told Council this is a proposal for a pedal-cab system, which is similar to rickshaws. Councilman Isaac moved to deny the proposal as Aspen does not need them; seconded by Councilwoman Michael. Councilman Behrendt said he has ridden these and they are great. City Attorney S~ock told Council that Hawaii licenses these and in the first year traffic accidents went up 300 per cent. All in favor, motion carried. ~RDINANCE #49, SERIES OF 1980 - Charter Amendment regarding Board of Examiners & Appeals Councilman Isaac moved to read Ordinance 949, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~49 (Ser~es 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 COMPOSITION OF BOARDS AND COMMISSIONS was read by the city clerk Councilman Isaac moved to adopt Ordinance 949, Series of 1980. on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Parry, aye; Isaac, aye; Mayor Pro Tem Behrendt, aye. Motion carried. RESOLUTION #16, SERIES OF 1980 - Council Salaries City Attorney Stock said the salary spread if the Council were to be 4 and a Mayor would be $575 for Council and $700 for Mayor. Council discussed combinations of salary. Some Council said the salary should be $800 per month for Mayor and $550 for Council Councilman Isaac moved to read Resolutiona~16, Series of 1980, with figures of $700 per Mayor and $575 for each Councilmember; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION 916 (Series of 1980) A RESOLUTION 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 QUESTION PROVIDING FOR AN INCREASE IN THE SALARIES PAYABLE TO THE MAYOR AND COUNCILPERSONS was read by the city clerk Councilman Isaac moved to adopt Resolution ~16, Series of 1980; seconded by Councilman Parry. Councilmembers Isaac and Parry in favor; Councilwoman Michael and Mayor Pro Tem Behrendt opposed. Motion NOT carried. Council voted to go with $800 per month for Mayor and $550 for Councilmembers with Councilwoman Michael opposed. 29.60 Regular Meeting Aspen City Council September 8, 1980 CONSENT AGENDA Mayor Pro Tem Behrendt opened the public hearing on all items on the consent agenda~ These are Liquor License renewals for R. Pea's; Skier's Chalet and Steak House, La Cocina, City Market; Second readings on Ordinance 26, Density Bonus Reconciliation; Ordinance ~46, Charter Amendment, Council size; Ordinance #47, City Hall Roof and Ordinance 948, Charter Amendment, Taxes and Revenue Bonds. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Council~n Parry moved to approve all items on the consent agenda; seconded by Councilman Isaac. All in favOr, motion carried. Councilwoman Michael moved that the City ~COuncil of ASpen commend Ron Stock as their city attorney of over two years. The Council found ~n to be a pleasant colleague and to operate in a professional manner. The Council will miss him and wishes him the best of luck wherever he is going; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac moved to adjourn at 10:25 p.m.; seconded by Councilwoman Michael. All in favor, motion carried.