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HomeMy WebLinkAboutminutes.council.19810112JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint meeting to order at 4:05 with Commissioners Kinsley and Child and Councilmembers Isaac, Parry, Behrendt and Collins present. Mayor Edel commended Joe Edwards for hard work for many years and for the fine job he did. 1. BLM Parcels. Brian Stafford told the Boards this is just to sign the letter the Boards discussed at their last meeting and changes nothing except to suggest that lots 19 and 29 located in the Owl Creek vicinity be retained by Pitkin County because of the value to the trail system, stafford told the Boards that the new boundaries of the White River National Forest have been approved by Congress and these boundaries include a lot of BLM land that has been discussed. The boundaries will include the land currentl~ leased by Pitkin County on Smuggler mountain, and the land leased by the City which is the Ute trail, across the old townsite and back to the west side of Shadow Mountain. The U. S. Forest Service will administer all this land instead of the BLM. The patended mining claims will not disappear. Councilman Behrendt moved to approve the letter and have signed by the County and City; seconded by Councilman Parry. All in, favor, motion carried. 2. Ruedi Reservoir Report and Joint Resolution. John Musick presented a letter and a joint resolution regarding Ruedi. The letter constitutes the offer to be made to the Water and Power Resources service for assuming the repayment obligation on Ruedi. Musick said it is important to bring back the directives by which the Board wishes the managers and himself to proceed regarding Ruedi. Musick said the Water and Power Resources servic~ issued its notice of intent to negotiate and will be negotiating with Colony Development for acquisition of 6,000 acre feet of permanent water out of Ruedi; Battlement subdivisio~ for 1200 acre feet; west divide water conservancy district for 50 acre feet and the Basalt water conservancy district for 500 acre feet for a total of 7750 acre feet. The Basalt water conservancy district wants the water to augment the supplies of the Basalt and Carbondale area. Musick told the Boards the Water and Power Resources service will be conducting these negotiations in January in Glenwood Springs. Any interested party may be present and listen to the talks; in order to be a parties to the proceedings to insist upon the modifications in terms and conditions for the contracts, one would have to be a party seeking for the repayment obligation for the reservoir. The two parties presently announced as parties willing to assume the repayment obligation are Colorado River Water Conservation District and the Colorado Water Conservation Board; they will be given a place at the table. Musick said by sending in this letter and resolution, Pitkin County will assume the same position. Commissioner Kinsley asked how far along this commits the city and county. Musick said they have not committed to anything by this. Any point along the way, they may drop out of the negotiations. Musick said he felt this is the only method by which Pitkin County will be able to assure some of the recreational opportunities to be preserved for the valley. It is also the recommended low cost alternative to insure an adequate water supply for the Roaring Fork valley beyond 1990. ~gu±ar ~eeuzng Aspen City Council December 22, 1980 CASTLE RIDGE FUND OF $4,008,909, APPROPRIATING CASTLE RIDGE FUND EXPENDITURES OF $3,926,939, APPROPRIATING POLICE PENSION FUND EXPENDITURES IN THE AMOUNT OF $28,000 FROM FUND BALANCE, APPROPRIATING RETIREMENT FUND EXPENDITURES IN THE AMOUNT OF $15,000 FROM FUND BALANCE was read by the city clerk Councilman Isaac moved to adopt Ordinance #62, Series of 1980, on second reading; seconde~ by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Parry, aye; Isaac, aye~ Mayor Pro Tem Behrendt, aye. Motion carried. CITY ATTORNEY Assistant City Manager Lois Butterbaugh told Council the city had received a letter from Sachs, Klein and Seigle in response to the City's request of an informanl opinion from the Bar Association regarding an unlicensed attorney acting as the city attorney. Their answer is that he cannot praotice law for the city and he cannot be in an advisory capaci~ under a supervisor. They referred their opinion to the Colorado Bar Association, and their opinion agreed with the Aspen Bar Association. Bob Grueter told Council he did not know how long it would take to be admitted to the Colorado Bar; it is his information that New York is a reciprocal state. The process could take up to four months. Ms. Butterbaugh said she would contact the city manager and new city attorney about this. BUILDINGS Assistant City Manager Lois Butterbaugh told Council that the Woodstone was redtagged last week. The developer work to try to get the punch list taken care of by the weekend when the guests were coming in. The building department worked all weekend to be avail- able; the problems on the east wing were cleared up; there were still problems on the west wing. M~yor Pro Tem Behrendt said he understood the need for the city to work with citizens who have problems. However, perhaps it looks like the city is bending over backwards to help this particular person. Mayor Pro Tem Behrendt asked if the city had informed them they will not help like this in the future. Ms. Butterbaugh said they are very aware the city will not go on like this. Herb Paddock said his point was he way trying to accommodate 250 tourists and the impact on this town. Mayor Pro Tem Behrendt said these people should go through procedures and stay within normal business hours and be treated like everybody else. Councilman Isaac moved to adjourn at 8:40 p.m.; seconded by Councilman Collins. All in favor, motion carried. Kathryn~'Koch, City Cler~f~ Regular Meeting Aspen City Council January 12, 1981 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint meeting to order at 4:05 with Commissioners Kinsley and Child and Councilmembers Isaac, Parry, Behrendt and Collins present. Mayor Edel commended Joe Edwards for hard Work for many years and for the fine job he did. 1. BLM Parcels. Brian Stafford told the Boards this is just to sign the letter the Boar~s discussed at their last meeting and changes nothing except to suggest that lots 19 and 29 located in the Owl Creek vicinity be retained by Pitkin County because of the value to the trail system. Stafford told the Boards that the new boundaries of the White R£ver National Forest have been approved by Congress and these boundaries include · . l~i a lot of BLM land that has been discussed. The boundaries will include the land current leased by Pitkin County on Smuggler mountain, and the land leased by the City which is the Ute trail, across the old townsite and back to the west side of Shadow Mountain. The U. S. Forest Service will administer all this land instead of the BLM. The patended mining claims will not disappear. Councilman Behrendt moved to approve the letter and have signed by the County and City; seconded by Councilman Parry. All in favor, motion carried. 2. Ruedi ReserMoir Report and Joint Resolution. John Musick presented a letter and a joint resolution regarding Ruedi. The letter constitutes the offer to be made to the Water and Power Resources service for assuming the repayment obligation on Ruedi. Musick said it is important to bring back the directives by which the Board wishes the managers and himSelf to proceed regarding Ruedi. Musick said the Water and Power Resources servic~ issued its notice of intent to negotiate and will be negotiating with colony Development for acquisition of 6,000 acre feet of permanent water out of Ruedi; Battlement subdivisio~ for 1200 acre feet; west divide water conservancy district for 50 acre feet and the Basalt water conservancy district for 500 acre feet for a total of 7750 acre feet. The Basalt water conservancy district wants the water to augment the supplies of the Basalt and Carbondate area. Musick told the Boards the Water and Power Resources service will be conducting these negotiations in January in Gtenwood Springs. Any interested party may be present and listen to the talks; in order to be a parties to the proceedings to insist upon the modifications in terms and conditions for the contracts, one would have to be a party seeking for the repayment obligation for the reservoir. The two parties presently announced as parties willing to assume the repayment obligation are Colorado River Water Conservation District and the Colorado Water Conservation Board; they will be given a place at the table. Musick said by sending in this letter and resolution, Pitkin County will assume the same position. Commissioner Kinsley asked how far along this commits the city and county. Musick said they have not committed to anything by this. Any pointi! along the way, they may drop out of the negotiations. Musick said he felt this is the only method by which Pitkin County will be able to assure some of the recreational opportunities to be preserved for the valley. It is also the recommended low cost alternative to insure an adequate water supply for the Roaring Fork valley beyond 1990. Council and Commissioners discussed the ~rding of the joint resolution and the letter and requested Musick to make some changes. Councilman Behrendt moved to amend his motion to reword those paragraphs in the resolution #2 and 3; and rework page 2 of the letter 4 a, b, c; seconded by Commissioner Kinsley. All in favor, with the exception of Commissioner Child. Motion NOT:carried in county because of a tie. Council asked the new Commissioners Madsen, Klanderud and Blake if they had any feelings On this subject. All felt they needed more time. Council requested they consider this and have it put on the next joint agenda. 3. Solid Waste Center Fee Schedule. Pat Dobie, county engineer, told the Boards this is a proposal to raise the fees at the dump an average of 52 per cent immediately. The purpose for the increase is to change the operation of the dump from a Subsidized to a break-even agency. Dobie said a useful life of a landfill operation is 10 to 12 years, a.nd the cost of replacing the facility will be very great at the time. After the dump is break even, the fees will be increased for a replacement fund or capital improvement fund. Chapman pointed out this is a relief of the city to pay the subsidy they have been paying. The city and county agreed to approve the increase of fees at the solid waste center. COUNCIL MEETING CITIZEN PARTICIPATION 1. Tony Mazza, representing Andre's Club, requested to be placed on the agenda. Council- man Behrendt moved to put this on the agenda; seconded by Councilman Parry. All in favor, motion carried. 2. Dan Roman, representing the Smuggler Homeowners Association, wanted to make Council aware of the latest proposals they had received. Roman pointed out that $212,000 was allotted for improvements, and it looks by the list of improvements that it will take a lot more money. Chapman told Council the agreement says the owners are bound to make the health and life safety repairs that are necessary. There were never any discussion in the negotiations saying this particular mobile home park would have to be brought up to the mobile home code. This Code was jus~ adopted. It has always been implicit that they would have to be brought up to health and life safety code, not to the mobile home code. There is no way that the city could have negotiated with them if it was the intent that all the provisions of the mobile home code would have to be met. The city was negotiating with the idea that the problems with wiring, water,~roads and sewers would be taken care of. It is the estimate that within the $212,000, this should be done. Councilman Behrendt said he had received a phone call from the neighborhood coalition, and asked Staff to address the question of what is happening with Smuggler trailer park, and a response to bring the park dwellers and the surrounding neighborhood up-to-date. 3. Heinz Coordes brought up to Council the lack of F.A.R,s in his residential neighbor- hood. Coordes showed pictures of the reconstructed Garrett; the new unit touches sat- backs on all three sides and leaves only 3 inches of open space. The building is 7 feet higher than Coordes' lodges. Coordes also showed a newspaper ad of a 7,000 square foot building for sale. Coordes said he felt residential areas are too scarce. Coordes said this bulk and area is inappropriate for an R-6 zone. Planning director Sunny Vann told Council he is bringing to them the 1981 work program for the planning office. Assuming FAR survives, he expects to come to Council with a proposed code amendment on FARs. Vann said he would like to bring the background on this proposal to Council. Councilwoman Michael pointed out the Council should give some indication of what acceptable figures are. Councilwoman Michael asked Chapman and Vann to get together the background informa- tion, send a memorandum to Council for a study session in the next few weeks. 4. Dick Wilhelm told Council they had used the conference room at the Continental Inn and thanked Council and staff for their help in achieving this. Wilhelm brought up the parking problems in front of the Continental Inn and asked that Council address this. Councilman Behrendt moved to add to the agenda angle parking on Dean Street; seconded by Councilman Parry. All in favor, motion carried. ANDRE'S CLUB - Request for reimbursement Tony Mazza, representing Andre's Club, told Council Andre applied to the building depart- ment for a permit to reconstruct entryway and was issued this permit. Ulrych constructed improvements as granted and allowed by the building permit. Ulrych was then informed by AsSistant City Manager LOis Butterbaugh that the improvements he was constructing, which were permitted by the issued permit, were no good. The reason was that they allegedly violated provisions of the city code, the UBC as adopted by city Code. Ms. ButterbaUgh informed Ulrych She was going to close the Club the weekend after New Year's Eve, whiCh is the second busiest weekend. Mazza tOld Council he had informed Ms. Butterbaugh of a city ordinance providing that anyone who acts in detrimental reliance upon a issued building permit is entitled to keep the building permit and maintain the improvements as granted. Mazza and Butterbaugh reached an accommodation, that being the next morning the improvements as constructed were removed. Mazza stated Ulrych is out of pocket $3,018.19 verified by bills. This represents the cost of improving and removing the impuovements. Mazza reiterated Ulrych acted upon a permit granted by an employee of the city. Councilman Behrendt moved that the city honor Andre Ulrych's claim against the city for an amount not to exceed $3018.19 and an apology; seconded by Councilman Parry. Councilman Van Ness asked if the remodelling was in conformance with the permit, Acting City Attorney Grueter answered yes. Councilman Isaac said he had some problems with items on the list, such as installing the heater, take out the heater, reinstall the heater. Mazza explained the remodeling and reconstruction and he would submit the bills for verifi- cation. Councilman Collins said the responsibility for construction lies with the owner; tl4£sburden cannot be put upon the building department. Councilman Collins noted the build- ing department approved the permit, but the person who has to build it according to code is the owner. Councilman Collins stated this is a very bad precedent. Mazza said his client did what he was supposed to do, applied for a permit and build pursuant to the permit as granted. The permit was granted incorrectly; Mazza stated Ulrych probably had the right not to have the reconstruction removed, but they did not want to be closed down on the busiest weekend of the year. Mayor Edel asked if there were extenuating circumstances in the building department. Chapman said not that he knew of; a building inspector passed the construction and said it was a threat to life safety and it would have to be corrected immediately. Ms. Butterbaugh told Council the fire chief, building inspector and fire marshal were firm that the building should be closed down. However, there is a fire door adjacent; and the staff and Ulrych made concessions for that night. This was a very serious matter. Councilman Van Ness stated there may be a moral issue here; however, he objected to the fact that Council is not being a deliberative body, not allowed to digest the information. Mazza explained this is an accommodation to him and to the 30-day notice requirement. Councilman Van Ness said he did not like it when items came up last minute. All in favor, with the exception of Councilmembers Isaac and Collins. Motion carried. COUNCILMEMBER COMMENTS 1. Councilman Parry asked what has happened to the bus washing facility; the buses are unbelievably dirty. City Manager Chapman said the problem has been finding a place to do the washing. The city has an agreement with the county to use their bus barn. Improve- ments need to be made to the barn so it would be used. It looks likely that within two weeks the equipment will be on-site. They county will have to finish the improvements to their facility; this should be done within two weeks. 2. Councilman Parry brought up people selling suitcases in local bars, businesses and on the streets. Councilman Parry had told one person he could not do this. Councilman Parry had reported this to the police department; they did not know who had vending licenses and who did not. Chief of Police McClung told Council he has discussed this with his officers. After some complaints, the sellers are not there by the time the police arrive. Council said there are no vending licenses for this, and it should not be happening. 3. Councilman Behrendt requested that the curbs and streets around the Wheeler Opera House be cleaned as they are very dirty. 4. Councilman Van Ness said the circulation patterns at the post office are unbelieveable; there are one way signs that no one pays any attention to. City Engineer Dan McArthur told Council these are private streets, and the city cannot enforce traffic rules unless the post office asks the city to. McClung suggested Council writer a letter to the post office and ask them to work with t~e city engineer. Councilman Van Ness said he was complaining about the whOle design, the existing pattern is ridiculous. Mayor Edel suggest ~d McClung and McArthur work with the post master to see if they can make the circulation pattern work. 5. Councilwoman Michael asked if Council could review the planning office work program for 1981. Planning director Sunny Vann told Council he would have the basic program for Counci in the next month, based on the current personnel. 6. Councilman Isaac asked Council if they wanted him to remain as the representative to COG. Council agreed. Councilman Isaac asked for an alternative; Councilman Parry was appointed. 7. Mayor Edel told Council he had skiied Snowmass and said'the skiing was great. 8. Mayor Edel told Council he had been invited, while in France, to watch the National Assembly, and it was very interesting. WHEELER RENOVATION COMMITTEE REPORT Dick Moore told Council the Wheeler Committee feels that work must get underway soon at the opera house. The slow real estate sales and the bad bond market have reduced the amount of income expected to a low level. Until more money is available, the committee recommends something be done immediately. The important thing, as a first step, is to make the build- ing safe. The building needs a new mechanical &electrical systems, which will take up most of the money. With the money that is left, the committee recommends remodeling the base- ment, first and second floors so they can be usable and provide some income. The committee recommends reparing and replacing the roof and cornice, where necessary; and some general repair to the exterior. If there is any money left, the committee suggests renovating the auditorium and stage for potential performances. This will cost $340,000 in 1981 and $1,250,000 for 1982, including a cushion for contingencies. Moore told Council this program and budget means the Wheeler will have taken a step that is almost irreversible; there will be no raked floor. This means poor sightlines, reduced fly space and not ideal aucoustics; i% will mean a safe building with bare minimum perform- ance capabilities. Councilman Behrendt asked if there were an overall design or this is just bandaid. Moore said the only decision this program makes is that the floor would not be raked; the other options are still open. Bill Schorr told Council that nothing in this plan would in any way prohibit either of the two plans presented to Council; this would only do the portion of the master plan addressing life safety and code requirements. Moore said this step would lead the building to any of the conclusions presented by the architects except for the raked floor. Regular Meeting Aspen Clty councl£ ~anuary ±z, ~ ......... Mayor Edel asked when the Council could expect something specific from the architects. Moore said in four weeks. Mayor Edel asked why work would not begin until September 1st. Moore said there would be 6 weeks of desig~ development; 10 weeks construction drawings, 4 weeks for bidding and 6 weeks to negotiate the contract. Councilwoman Michael said she had thought there would be a public hearing on the Wheeler and its master plan. Richie Cohen told Council their feeling was to get something going right now. Cohen pointed out if the whole community said they would like a $6,000,000 project, they would still have to find the money. This buys time, keeps the building standing, and puts the problem away until there is money or a concept of what the community wants. This plan will allow some useage of the Wheeler. Mayor Edel said he would have to see a more specific breakdown of the budget and work program before he could vote on ~his. Councilman Behrendt said until construction is begun, the tenants will not have to move Assistant City Manager Lois Butterbaugh said there are some tenants that are very concerned the City Council has not given the authority to go ahead. The committee has advised the~ renovation will not start until at least September. Councilwoman Michael understood there was going to be a public hearing on the final reports from the committee and architects, and then the Council will make a decision. Mayor Edel said all the leases end April 1st, and the city wants everyone out of the Wheeler because it is unsafe. Ms. Butterbaugh said the insurance company has inspected the building and are willing to insure the city under the present circumstance. Councilman Van Ness said it is reasonable to spend money the city has, as opposed to money they do not have, and $1,500,000 in a bond issue is about the limit. To spend the money that is available is the way to go; the most pressing needs are electrical and building improvements. Councilman Van Ness said there should be a public hearing on this issue. The Council also needs to make decision on what happens after the building is renovated, who can use the spaces, etc. Bill Schorr told Council it was his understanding thin. the committee was to make recommendations on what should be done to the Wheeler. The committe made two presentations, $5,500,000 and a $4,000,000 renovation; they are now recommending $1,500,000 be spent to provide the building with minimum requirements so people can go there; if money is available, also to make the stage area useful. Schorr said the committe has made a spectrum of proposals and the ball is in the Council's court; they either have to approve $1,500,000 renovation or forget it. Councilwoman Michael said a public hearing still has to be held, and then the Council must make some decisions. Moore said in order to present this and get some decision from Council, they have to get into design development stage. The committee is just trying to get something started to make the Wheeler safe; the only thing this plan has done is eliminated the raked floor. Councilman Isaac said the city has to have a goal; has to know which final plan they are working towards. Councilman Van Ness said when the resolution was passed regarding the real estate transfer tax, it may have mandated a public hearing; this should be checked out Councilman Van Ness said he wants to get the Wheeler Opera House fixed fast. Mayor Edel said the reality is what the city can buy with available money is the very bare minimum. Councilwoman Michael moved Council ask staff to review with the Wheeler Commission the costs and get more detail on the mechanical, electrical and fire safety costs for construc- tion in the fall of 1981, and set a public hearing for Thursday, January 22, at 7 p.m.; Mayor Edel said the Commission has to go back to the architect first before they could get this information. Councilwoman Michael said the staff could work with the commission while there was a public hearing on the $5,500,000 solution; the $4,000,000 solution and the $3,000,000 solution. Councilman Behrendt said the public hearing on this immediate solutior · s one thing; the public hearing on the overall goals of the program is another thing. Councilman Behrendt said he is not willing at this point to throw out the.raked floor. It would be nice to have an overall objective and set of plans on the Wheeler, then do $1,500,000 within the program which Council has decided they want to do with the Wheeler. Councilman Behrendt seconded the motion. Schorr pointed out there have been three p~oposals presented to Council; $5,500,000 and $4,000,000 and $1,500,000, and Council is asking the committee to present each one of these to the community to get a sense from them what their feelings are; then Council will make a decision as to what proposal they want. Cohen told Council in order to get some grant monies, money had to be raised within the community. Cohen said the level of donations in the community is at a maximum. Councilman Behrendt withdrew his second. Councilwoman Michael withdrew her motion, but said she would like to see Council develop a master plan because it is conceivable in five years the city may have the money. Mayor Edel said before he votes on anything, he would like to see figures for the $340,000 for 1981 and the $1,250,000 for 1982. Moore said he wanted to let the architect start the planning, the design development planning for mechanical and electrical work necessary to get the Wheeler so that it is safe. Moore said the costs for having the architect do this planning would be $46,000 through April to get design development. M. ayor Edel said in order for the Council to spend the $1,500,000 they have to have a plan, which means the next step is go back to the architect to make the plan Councilman Behrendt asked if the Wheeler Commission had a recommendation, at this time, of what they would like to see the future of the Wheeler Opera House. Richie Cohen told council the recommendations from the Committee were recommendations ~hat would be made subject to the town meeting and.to the desires of Council. The Commlttee brought forth alternatives and presented them, they are just an advisory board. At that point, if there Iwas money, it would be opened up to the public to see what they want. cOuncilman Van Ness ~ointed out the city only had so much to spend, and why delay things by studying more ~rojects. It is nice to have goals, but the Wheeler should be fixed. ~ouncilman Isaac moved to authorize the architects to draw plans as recommended by the ~heeler Commission with the final goal of scheme 2 (renovated ~eeler without the additional building). Motion DIES for lack of a second. Councilwoman Michael moved to direct staff and the Wheeler Comm!ssion~.to contact the architect, to firm up plans to draw a mechanical and electrical design and move forward in that configuration; seconded by Councilman Behrendt. Councilman Van Ness asked if this motion meant to commit to spend $46,000 for the architec to go to the next step. Council said yes. Councilman Van Ness said he wanted more detail but not $46,000 worth. Councilman Collins said the Council wants direction; they cannot go onto design development stage unless they can state, without qualification, what the end result is going to be to the architect. The architect cannot get into that kind of detail and spend that money unless the architect knows how much of a renovation the Council is looking at. Mayor Edel stated this $1,500,000 being spent, with the exception of the raked floor, will be the same amount of money being spent if the next step were being done. Councilman Isaac said the hard decisions have never been made; what is going to happen to the Wheeler, what activities will be there. Councilman Isaac said Council has to make these decisions before they get mechanical drawings. Councilman Behrendt said the city has-to do the $1,500,000 program anyway; it is intrinsic to every plan there is. It gets Council to any goat they want to go to. Mayor Edel said he would like the staff to contact the architect to break down the cost factors as to where this is going, without having to go to exact work. Councilman Collins pointed out before the architect can develop meohancial and electrical systems, he will have to know more about what is going to be going into the Wheeler. Councilwoman Michael withdrew her motion. Councilman Behrendt moved to ask City Manager Chapman to get together with the Wheeler commission, to come back to Council with $1,500,000 renovation program on the Wheeler acheiving as much as possible, with a program that~will allow for future expansions, if and when possible, within the $1,500,000 program; seconded by Councilman Parry. Councilman Behrendt amended his motion to have the city's staff work with the commission and the architect to proceed with plans enabling the city to achieve a safer Wheeler withi the $1,500,000 budget range; seconded by Councilman Parry. Chapman said he would get together with the Commission and the architect and put down the steps the city will have to go through for the $1,500,000 plan, what is the price tag for each step, the approximate amount of time, etc. All in favor, with the exception of Councilman Isaac. Motion carried. Ms. Butterbaugh reminded Council there are tenants in the Wheeler who will have to make plans if they have to be out in April. Can the city give them any assurances they can stay until September. Councilman Collins said that is the date the commission has given before work can start. Council said they should wait until the report is back. PARKING - DEAN STREET Dan McArthur, city engineer, told Council Dean street is existing width of 35 feet. The aerial photos of 1969 and 1974 show this area as parallel parking; some time since then people have started angle parking. In October 1980, at the request of the police, streets and fire department, it was returned to parallel parking instead of angle parking. There is not enough physical width on this street to provide angle parking; it is 5 to 8 feet short. Dick Wilhelm, Continental Inn, is requesting angle parking. Councilwoman Michael asked where the parking garage for the Continental is and what the capacity is. Wilhelm showed where the garage was and said he did not know the capacity - 30 to 40. Councilman Behrendt said the garage held more like 100 cars and has been used as a construction storage. McArthur said parallel parking eliminates 15 parking spaces; however, the street is under- designed for angle parking. The fire department has had trouble in the past getting their trucks down the street. Wilhelm said they would like to keep the area along the south side of Dean street as "No parking anytime"; there is a lot of loading and unloading there McArthur agreed there should be no parking on this side of the street. Councilman Behrendt said the parking should remain parallel; the city engineer has a plan and the Continental Inn has accepted it. ASPEN CLUB PUD AMENDMENT RECONSIDERATION Sunny Vann, planning director, reminded Council this was approved on December 8, 1980 subject to conditions in the packet, that the parking layout be resolved to the satisfac- tion of the city, and that the applicant receive conditional use approval for the expan- sion of the club from P & Z. Councilman Isaac pointed out the expansion Of the restaurant was contingent upon the parking being approved by the engineering department. Councilman Isaac said the change in parking would be a change in the PUD plan, and he would like to see the plan and have it become part of the public hearing so the neighbors get a chance to see the changes in their neighborhood. Andy Hecht, representing the Aspen Club, said they would stipulate to do this. Councilman Isaac said he would like to send this back to P & Z. Sunny Vann said there is an amendment to the PUD plan, involving P & Z reconm%endation and Council approval, which is the expansion of the restaurant. However, any changes in parking would have to be reflected in the PUD plan. Council deferred approval of the plan to the engineering depart- ment. Vann said Council is now asking that the parking solution be referred back to P & Z and then come back to Council. Councilman Isaac said he would like the Council to see what kind of parking changes they are talking about. ORDINANCE ~1, SERIES OF 1981 - Commercial Core and Lodging Area Commission Sheree Sonfield told Council this ordinance was drafted by staff at the request of Council creating a commission to figure out what could be done in the commercial core and the lodging area. This has been reviewed by various people in the downtown area and the lodgi association. They recommended the commission be 5 members rather than 7, and that preference be given to a member of the Lodging Association or Condominium Managers, a member from the merchant community, a repreSentative from the Chamber, a member from Pitki~ County Parks Association, and a member at large. Councilman Behrendt moved to read Ordinance #1, Series of 1981, as amended; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~1 (Series of 1981) AN ORDINANCE ESTABLISHING A COMMERCIAL CORE AND LODGING AREA COMMISSION UNTIL DECEMBER 31, 1985, DESCRIBING THE COMPOSITION, TERMS AND QUALIFICATIONS OF COMMISSION MEMBERS; THEIR POWERS AND DUTIES, .PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING AREA COMMISSION IN EXERCISING ITS FUNCTIONS was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~1, Series of 1981, as amended on first read- ing; seconded by CoUncilwoman Michael. Roll call vote; Councilmembers Parry, aye; Michael, aye; Isaac, aye; Behrendt, aye; Mayor Edel, aye. Motion carried, EFFLUENT REUSE FEASIBILITY STUDY City Manager Chapman told Council this is an informational report with no action required. Chapman said the staff will have a report on the current status of this for another Council meeting. ORDINANCE #2, SERIES OF 1981 - Noise Abatement Councilman Behrendt moved to read Ordinance #2, Series of 198; seconded by Councilman Isaa~ . All in favor, motion carried. ORDINANCE 92 (Series of 1981) AN ORDINANCE REPLEAING CHAPTER 16, SECTIONS 1 THROUGH 4, OF THE REVISED ORDINANCES OF THE CITY OF ASPEN, AS AMENDED, ENTITLED "NOISE", AND ENACTING A NEW ORDINANCE, CHAPTER 16, SECTIONSl.THROUGH 11, INCLUSIVE, ENTITLED "NOISE ABATEMENT" WHICH RELATES TO DEFINITIONS AND STANDARDS, PROHIBITIONS EXEMPTIONS, PERMITS AND RELATED MATTERS was read by the city clerk Tom Dunlop, environmental health officer, told Council there has been a noise abatement regulation in the city for years. However, due to its vagueness and lack of completeness it has been difficult to enforce. Dunlop has been enforcing the Colorado State abatement ordinance. This ordinance has been drafted based on other municipalities around the country. Dunlop pOinted out the existing ordinance says one cannot exceed 80 decibels for anything; the new ordinance has different levels for times, areas, etc. Charles Hopton, manager of North of Nell building, explained to Council how hard the previous ordinance is to enforce. Dunlop said he will be able to handle these complaints through Municipal Court rather than going through district court. This ordinance covers every conceivable stationary and mobile source in Aspen. Dunlop said it is important to him that this ordinance be passed; it will be enforceable and will be fair to everybody. Councilman Behrendt moved to adopt Ordinance #2, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Michael, aye; Behrendt, aye; Isaac, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~3, SERIES OF 1981 - Model Traffic Code Amendment Tom Dunlop told Council this ordinance is to delete mufflers from the Model Traffic Code part because they are covered under the previous ordinance, Ordinance 92, Series of 1981. Councilman Behrendt moved to read Ordinance ~3, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #3 (Series of 1981) AN ORDINANCE AMENDING SECTION 19-2(a) OF THE 1977 EDITION OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES BY THE DELETION OF THE WORD "MUFFLERS" was read by the city clerk Councilman Parry moved to adopt Ordinance ~3, Series of 1981, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Michael, aye; Collins, aye; Behrend~ , aye; Parry, aye; Isaac, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~4, SERIES OF 1981 - General fund appropriations City Manager Chapman pointed out this ordinance is to cover the $6,990 the Council has donated to the ambulance service and was also for $40,000 for professional fees in the city attorney's office. Chapman requested the $40,000 be ~deleted; there is $19,500 in the 1981 budget for outside counsel. Chapman said he would rather use that up and then come back to Council if more is needed. Councilman Behrendt moved to read Ordinance ~4, Series of 1981, as amended~ seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~4 (Series of 1981) AN ORDINANCE APPROPRIATING G~NERAL FUND EXPENDITURES IN THE AMOUNT OF $6,990 FROM CURRENT FUND BALANCES was read by the city clerk. Councilwoman Michael moved to adopt Ordinance #4, Series of 1981, as amended, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Parry, a~e; Michael, aye; Collins, aye; Isaac, nay; Mayor Edel, aye. Motion carried. OPPOSITION TO MOUNTAIN BELL RATE REDISTRIBUTION Assistant City Manager Lois Butterbaugh told Council the staff is asking for $145 for the city's share in special legal services to the Colorado Municipal League to support the battle against the Mountain Bell rate changes. If this has any effect at all, within the first month it will save the city more than this. Councilman Behrendt moved to approve the expenditure of $145; seconded by Councilman Parry. This is to pay for legal services through CML. All in favor, motion carried. ORDINANCE 95, SERIES OF 1981 - Aspen Sanitation District Rezoning Sunny Vann, planning director, requested Council table this items as a request from both the applicant and the planning office. Councilman Behrendt moved to table Ordinance 95, Series of 198; seconded by Councilman Parry. Mayor Edel pointed out the city does not have an alternative spot to dump their city, Also Mayor Edel asked if there is a possibility of exchanging this land so that the applicant can build their four houses somewhere else and give the city this land to use. Mayor Edel said perhaps all the ramifications have not been considered. Vann explained that the information in the packet is not complete; Vann said that additional units, place to dump snow, and the possibility of another place to locate the units will be addressed. All in favor, motion carried. SUBDIVISION EXCEPTION - Metcalf Alan Richman, planning office, told Council this is an application for asubdivision exception for the purpose of a boundary adjustment. The zoning of the property is R-6 and it is located along highway 82 near the intersection of Castle Creek. The lot size is 13,800 square feet. Richman explained the adjacent lot, owned by N. C. Herndon had come to Council for subdivision in 1979 and 1980; there was a question of adverse poss- ession claim for a triangle of 2,072 square feet. Richman presented maps to illustrate this. The applicant is requesting the boundary adjustment so that the encroachment and the 5 feet setback can be rectified. The parties haVe agreed this is the proper way to resolve the issue by adding 2,072 square feet to the applicant's property and subtracting it from Herndon property. Both lots would continue to meet the zoning requirement of 6,000 square feet; adding the additional property the Metcalf lot would not make it eligible for further development outside the GMP pro~ess. Lee Schumacher told Council both parties have agreed to this. Richma~ told Council the engineering department has recommended approval with some conditions; revised plat for the Herndon subdivision to reflect the transfer of property, and some details to be added to the plat. The planning office concurs as does the P & Z. Councilman Behrendt moved to except the Metcalf subdivision from full compliance with the subdivision regulations for purposes of adjusting the property boundary subject to the following conditions (1) submission of revised subdivision plats for the Herndon and Metcalf subdivisions. The revised plats should (a) reflect the addition of property to the Metcalf subdivision and deletion of property from the Herndon subdivision; and (b) meet the informational requirements for subdivision by including the information designa- ted as lacking from the submitted plat, as described in the engineering department's memorandum of November 21, 1980; seconded by Councilman Isaac. All in faVor, motion carried. SUBDIVISION EXCEPTION - Green Family Trust Alan Richman, planning office, told Council this application is for the purpose of condo- miniumizing property located in the R/MF zone at the corner of Hyman and Garmisch, a lot of 6,000 square feet. The applicant is requesting ex oeption for the purposes of condo- miniumizing a proposed duplex, which is under construction. There is no rental history. The existing single family unit has been removed; it was owner occupied. There are several engineering comments; the attorney commented approval should be conditioned upon six month rental restrictions. The planning office recommends approval subject to the engineering comments; six month rental restrictions; and submission of a revised condo- minium plat. P & Z concurred.with this recommendation. The applicant has submitted a revised plat and meets with the intents of the engineering comments. Councilman Isaac moved to except the Green Family Trust Subdivision from full compliance with the subdivision regulations for purposes of condominiumization subject to the follow- ing conditions; (1) submission of the revised condominium plat to the engineering depart- ment for review before recording~ (2) the applicant meeting the requirement of six-month minimum leases, pursuant to Section 20-22; (3) all sidewalks, driverways, entrances, curb and gutters should be constructed to the City of Aspen specifications; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXCEPTION - Ullr Alan Richman told Council this is a proposed lodge condominiumization, located in the O, office zone with a historic overlay, at West Main and Fifth; the lot size is 13,500 square feet. The Ullr consists of 11 lodge rooms, 16 apartment units and 1 studio unit. Ordinance 14, 1980, allow for condominiumization of lodges when certain requirements are met. This ordinance is to encourage improvements to lodges which may be non-conforming, and maintain a minimum level of service. These units are to stay in the short term market a minimum of two pillows of employee housing or the amount which has been provided in previous years; the on-site services should be equal to those provided in previous three years, and the common area be maintained. Richman told Council the applicant took title to the Utlr 2-1/2 years ago for $750,000 and has put in or proposes to put in $250,000 on the lodge. This is well in excess of the 30 per cent of the assessed valuation, which is a requirement for approval of condo- miniumization. The applicant has provided a declaration of services to comply with the intent of the ordinance. Richman told Council the planning office had come up with the issue of tentants from the lodge were evicted; however, in the packet is an opinion from the then-city attorney stating the units could be legally rented on a short term basis. The engineering department has included some conditions. Mayor Edel said he was concerned about people spending money in prior yea~s and then claiming that as money being spent to upgrade the lodge. Gideon Kaufman, representing the applicant, told Council the money on this lodge has been spent in the last 18 months and has gone for roofs, jacuzzi, interior structural changes, substantial changes to upgrade the lodge inside and outside. Kaufman told Council the applicant has expended over 100 per cent of the money required; the ordinance calls for 30 per cent of the assessed value. Kaufman suggested Council amend the lodge condominiumization to make the list of expenditures part of the s~bmissioh. Mayor Edel agreed this is a glaring problem and should be addressed. Councilman Van Ness asked if there was a time limit on the proposed improvements, and what recourse does the city have this these are not done. Mayor Edel said this should also be considered as an amendment to the lodge condominiumi- zation ordinance. Councilwoman Michael moved to except the Ullr Lodge from full compliance with the subdiv- ision regulations for purposes of condominiumization subject to the fOllowing condition; the applicant designates units which will be used to provide employee housing; seconded by Councilman Parry. Kaufman told Council there are four pill,s of empl0yee housing that have been provided; there will be two two-bedroom type rooms for employees. Councilwoman Michael amended her motion that the applicnat has designated two units as employee housing, units 19 and 25, for 50 years for employees of the lodge; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried Mayor Edel requested Sunny Vann and Kaufman get together and discuss the changes to the lodge ordinance for another Council meeting. RESOLUTION 92, SERIES OF 1981 - Willoughby Park Councilman Collins moved to read Resolution 92, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~2 (Series of 1981) WHEREAS, the community of Aspen wishes to recognize the outstanding contributions of the Willoughby family to the City of Aspen in amOng other things members of the Willoughby Family spent years in dedicated service to the community; members of the Willoughby Family were instrumental in founding the Aspen Ski Club; and members of the Willoughby Family were instrumental in establishing the lift systems which allowed Aspen to become a world Ski center; an WHEREAS, the City of Aspen desires to honor and commemorate a park in memory of the willoughbys, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City commemorate in perpetuity the name of the Willoughby Family by renaming Lift One Park to be know from this time forward as "WILLOUGHBY PARK". Councilman Parry moved to adopt Resolution #2, series of 1981; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #1, SERIES OF 1981 -1981 Compensation Plan Councilman Collins moved to read Resolution #1, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~1 (Series of 1981) WHEREAS, the City Council has determined that the Personnel Director is responsbile for preparing and recommending to the City Manager a pay classification plan and pay schedule, and WHEREAS, the City Council has determined that the classification plan and pay schedule should be adjusted annually to represent the cost of living increases and the position classification adjustments, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Pay Schedule and Classification Plan That the proposed 1981 pay schedule and classification plan for City employees as approved during the 1981 budget sessions, which is attached hereto and made a part hereof by reference, is hereby adopted. Councilman Parry moved to adopt Resolution 91, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. Regular Meeting Aspen ~l~y ~ouncli danu~i'y ±z, ±~l ORDINANCE ~6, SERIES OF 1981 - Food Tax Rebate Increase Councilman Isaac moved to read Ordinance ~6, Series of 1981; seconded by Councilman ~Parry. All in favor, motion carried. · , ORDINANCE ~6 (Series of 1981) ~ AN ORDINANCE AMENDING SECTION 21-79 (b) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO PROVIDE FOR AN INCREASE OF THE ANNUAL FOOD TAX REFUND FROM $21.00 TO $39.00 was read by the city clerk Councilman Parry moved to adopt Ordinance 96, Series of 1981, on first reading, amending the annual food tax refund from $21.00 to $39.00 which refund shall be appropriated one- third from the land fund and 2/3 from the transportation fund; seconded by Councilman Collins. Roll call vote; Councilmembers~Collins, aye; Parry, aye; Behrendt, aye; Isaac, aye; Michael, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. CONSENT AGENDA Mayor Edel opened the public hearing on the consent agenda. Items 1, 2, 3, and 5 were taken off. Mayor Edel closed the public hearing. Councilman Isaac moved to adopt Items 4 and 6; Liquor License Renewal - Little Kitchen and Special Event Permits - Aspen Junior Hockey; seconded by Councilman Parry. !:All' in favor, motion carried. ORDINANCE #63, SERIES OF 1981 - Increase Tow Fees City Manager Chapman explained the staff wants the towing operation to be self-supporting and this increase should cover the cost of the operation. Councilman Van Ness said he thought this was a bad move for the tourists, especially When their cars are towed in a border line situation. Councilman Parry moved to adopt Ordinance ~63, Series of 1981, on second reading; seconded by Councilman Behrendt. Roll call vote; Councitmembers Van Ness, nay; Michael, aye; Collins, aye; Isaac, aye; Parry, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~64, SERIES OF 1981 - Ski Corp Contract~' Councilman Behrendt moved to adopt Ordinance ~64, Series of 1981, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Isaac, aye; Behrendt, aye; Michael, aye; Collins, aye; Parry, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~65, SERIES OF 1981 - Arthur's Lease '~ Councilwoman Michael left Chambers due to conflict of interest. Mayor Edel said he has been against this because he felt it was a subterfuge of the game. Mayor Edel had request ~d no liquor be served before 5 p.m.; however, the applicant said they would not stipulate to this. Andy Hecht, representing Arthur's Chinese Restaurant, said they would stipulate to not serving during school hours and would ~ut this in the lease. Council said they would accept not serving alcohol until after 4 o'clock when school is in session. Hecht said ha felt this was appropriate, as the legislature felt there should be some local control. Councilman Parry moved to approve Ordinance ~65~ Series of 1981, on second reading with the lease amendment liquor would not be served before 4 o'clock while school is in session seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Collins, nay; Isaac, aye; Parry, aye; Van Ness, aye; Mayor Edel, aye. Motion carried LIQUOR LICENSE TRANSFER - Golden Barrel Mike Hull told Council he and Earl Jones ~ere purchasing the Golden Barrel, it will be provincial French food and will be called Poppy's Bistro Cafe. Councilm~n Behrendt moved to approve the liquor license transfer; seconded by Councilwoman Michael. All in favor, motion carried. Councilwoman Michael moved to adjourn at 8:50 p.m~; seconded by Councilman Collins. All in favor, motion carried. ~ ~~~.er~ Kathr~ S. Koch, City C1 Regular Meeting Aspen City Council January 26, 1981 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:10 with Commissioners Kinsley, Child, Blake, Klanderud and Madsen and Councilmembers Collins, Behrendt, Isaac and Michael present. 1. Busway Feasibility Memorandum of Understanding. Mayor Edel said he thought a lot of engineering studies of the approach to town were going to be done; there is no mention of ~the studies in the agreement. Councilman Collins pointed out the memorandum of understand ing refers to the scope of work which is attached. Curt Stewart, county manager, said a consultant has to be selected, and a contract negotiated. Stewart pointed out the memo is drafted for the tasks to be don incrementally; if the unfeasibility of a busway is proven as a result of this work, the study would not be completed. The reasons for this are to save money, and if the highway is to be engineered in that corridom, the city and county should not be paying for it.