HomeMy WebLinkAboutminutes.council.19781211Regular Meeting Aspen City Council .~,~v~ ~n=, 1978
Mayor Standley call the joint meeting together at 4:10 p.m. with Commissioners Child,
Edwards, Kinsley, Councilmembers Anderson, Isaac, Behrendt, Parry, and City Manager Mahoney
County Manager Ochs, City Attorney Stock and County Attorney Stuller present.
COG report
1. COG Report. Tom Glass, Director of Region 12 COG, reported to the Boardsthat the
deficit which COG began the year with has disappeared through charging back to the programs.
Glass said he expected a surplus for the coming year of about $14,000 which will be
applied to the transbasin diversion issue through 208.
Glass said he had been working of a ski lift user tax bill. There is a meeting next week
in which communities will get together with representatives of public affairs committee !!Ski Lift user
of Colorado Ski Country/USA to come up with a formulation of a bill. Glass said he felt iltax bill
the ski industry is leaning towards accepting the tax with the conditions (1) statewide
rather than local option, and (2) ear marked to transportation, employee housing, multi-
seasonal economy and sewer and water. The question of distribution may be mandatory
consultation between the counties and the towns. Glass said he felt that distribution
is a hard issue.
Councilman Isaac asked about the 208 litigation on Windy Gap. Glass said the proponents
of the issue have put it off until next spring. They did not begin construction this fall!i
as planned, which is good for COG's side. Commissioner Edwards said he had a much better
feeling about COG since Glass has taken over. Glass recommended that Snowmass, Aspen, and~
Pitkin County work on the distribution prior to the meeting in Steamboat, at this session
they plan to hammer out language for a bill. They need to come up with an approach that
all communities affected by the ski industry can live with. The obstacles will be ear-
marking and distribution.
2. Employee Housing - Under the Bridge Proposal. Mark Danielsen introduced the concept
of under the bridge employee housing, which is an innovative idea which could be a major
step in addressing employee housing problem. There would be 218 units located under the
~m~p±oyeenous~ng
Castle Creek bridge. There are several financing techniques that could be used to flnanceilunder the Bridge
the project, outlined in a memorandum. The project could have three potential uses; (1) i!proposal
condominiums which could be sold to individual employees, (2) rent individual rental units,
(3) a coop could be formed by the Chamber or non-profit housing authority. Danielsen
said the project would be close to $9,000,000, with inflation this would increase about
$1,000,000 per year.
Don Ball presented his "no-rise" basically taking space under the Castle or Maroon creek
bridges and provide 218 units of employee housing, develop a 60 per cent solar efficient
structure, provide close to 100 per cent of the domestic water supply, take solare energy
collected from south facing greenhouse and pump through concrete pipes for the flooring
system. As far as the flood plane,the Army Corps of Engineers stated the 500 flood would
be 6 feet about normal level; the lowest floor is 20 feet above the creek. Ball said he
would hire an accoustical consultant to help with the road noises; they would have deflector
wings on the bridge for that purpose. The space in the center would be a winter garden
for visual interest as well as a social center. The mix of units is totally flexible and
has not been finally selected. Each unit would feature a greenhouse.
Ball pointed out the auto disincentive design has a people bridge with four over-sized
elevators. The parking shows approximately 100 stalls at the base. Ball said he could
not finalize any kind of design because there is no survey. Ball said he felt the close
in location of the project would reduce the traffic on highway 82, would bring employees
back up valley, would reduce some downtown parking pressures, and relocate a tax base backI
in the Aspen area. President Carter's energey bill would allow a 10 per cent federal
credit as a deducation for solar items in a structure.
Mayor Standley asked if the planning office had looked at this. Ms. Smith said one
problem is that this seems to straddle two jurisdictions, plus having the interests of
the state expressed. Other problems that would have to be addressed are (1) heighth
restriction, although this may be unique because it is a "no-rise". It seems to be
invisible from everywhere but the Castle Creek valley ~loor. (2) Access will be a problem
(3) It is contrary in terms of density to the surrounding land uses. The proximity to
town does have some advantages. Ms.i Smith suggested combining this with other community
facilities. They may look at this with respect to alternative locations, and forward it
through both the city and county subdivision procedures. An application to comply with
both jurisidictions requirements must be drawn up.
Mayor Standley asked if there was interest on either bodies. Commissioner Kinsley said
there needs to be a change in the amount of employee housing that is being built. Kinsley
said he would look at this in the context of an equal number of units elsewhere and what
the impacts would be. Kinsley said he personally like the concept. Kinsley said he
E~oloyee felt the costs would be difficult to measure because of the innovative nature of the
iHousing project. Kinsley suggested diverting some of the square footage to expanded community
~:Under the facilities such as the jail, sheriff's office, library. Kinsley pointed out he felt the
Bridge parking was inadequate, the air pollution fallout might be significant, also snow removal
off the bridge has to be addressed. Kinsley said the Boards should be willing to look
at what the alternatives are.
City Attorney Stock said he had sent these diagrams to Dick Prosence, state highway
department, who is cataloging some of the negative impacts for plans the highway depart-
ment might have for this structure, The heating of the structure may solve some of the
snow removal problem. One of the state's major problems is one of liability. Prosence
is looking at the life of the structure; this creates problems for the maintenance of the
structure. Stock pointed out there would be a requirement of acquisition of property;
the state has a 60 foot right-of-way. There would be the requirement to purchase property
on the south and north sides and determine which jurisdiction it would go in terms of
construction. Stock noted there are two houses down there which would have to be purchased
in order to allow this to proceed.
Commissioner Kinsley said he would support a nominal sum provided to answer the questions
raised by this project. Councilman Behrendt pointed out there is no reason why this has
to be done by the government. Kinsley said the items to be analyzed in the housing
advisory board memo would have to be analyzed anyway. Kinsley said he would like to
avoid having the government build the~build. Danielsen told the Boards the request in
the memorandum are in terms of staff time and effort. Kinsley said to areas to consider
are physically and financially does it work, and is it politically acceptable.
Danielsen said a legal boundary survey and topo maps are needed.
Mayor Standley suggested having the planning office with Danielsen put together an outline
of the process. The Boards can then decide whether to proceed. Commissioner Edwards
said there are so many fundamental assumptions that have already taken place that have not
been discussed. Edwards pointed out the city and county have never discussed getting
together to build a 200 unit housing project. The Boards have not discussed whether they
want a government-funded, giant housing project in the community. Edwards said he felt
this particular proposal has a lot more complexity to it than convention construction.
Edwards suggested looking at alternate proposals to leave out the highway department and
historic designations. Edwards stated there are some underlying decision that are
included in the proposal that the Boards have not yet confronted.
Mayor Standley said these concerns he felt would be addressed by the planning office, such
as appropriateness of the project, alternate location, appropriateness of the site, and
whether the city and county are interested in working together. Councilman Behrendt said
he would like to address the larger questions before the city and county plunge into any
one project. Kinstey said the county is concerned about (a) do any units need to be
built, (b) how many, (c) what site and what building. Mayor Standley asked the planning
office to come back to the Boards with a reasonable date for a city/county housing
discussion after an analysis from the planning office, housing office, and housing advisory
board.
Dr. Oden's proposal. Dr. Oden told the Boards he felt the necessity of getting the public
involved in the availablity of employee housing. Oden said this would be a non-profit
basis with private citizens. The employee housing could be built at cost on lands leased
Employee housing from the city and county, there are 5 to 7 different sites in the city and county - rather
Oden's proposal than having the impact all in one place. Oden said he would like to establish a non-
profit corporation or foundation to build the buildings, run the buildings, arrange for
financing by sale of non-revenue bonds. Oden said there would be only one building to
design of around 30 units, and then spread through the city and county.
Oden said he would like approval of the basic concept. If this is given, he will organize
the corporation and will get people from each of the major industries in town on the
Board. Oden said he would like this done without any profit for anybody except the
contractors and workers. Commissioner Kinsley said he thought this was a great idea.
Council concurred. Mayor Standley told Oden he should be part of the city/county housing!
policy meeting, and then could structure his group from there.
3. Solid Waste Center User Fee Schedule. Brian Stafford told the Boards he had three
items dealing with the dump. Number 1 is ratification by the City of the user fee
established for the SWC in 1979; these have been approved by the Commissioners.
So~id Waste The second item is an aluminium recycling program providing for reduction in user fees in
Center Du~pUserl actual cash payments at the SWC for people who recycle aluminium. The third item is
Fee Schedule how to split the subsidy for the SWC in 1979 between Aspen, Snowmass, and Pitkin County.
Stafford presented the new user fee schedule for SWC. Councilman Isaac questioned the
resident and non-resident auto body fee. Stafford said the SWC pays out for auto bodies
received, and he is proposed the SWC pay out less to the non-residents that bring auto
bodies. Stafford said resident proof is ZG license plates, driver's license. Stafford
told the Boards he is trying to make the non-residents pay the actual cost of the SWC;
the only other dump around is in Glenwood.
Stafford told the Boards these fees had been in effect since January 1975. The operating
costs have gone up 111 per cent. Kinsley asked for a comparison of rates to Glenwood's
dump. Stafford said he had called the PUC for comparison of rates; Glenwood's dump was
not listed on the chart. He felt the SWC was in line with the PUC list of rates. Council-
man Behrendt asked what will happen to Aspen Trash, as they will pass on the increased
costs to customers. Stafford said Aspen Trash can notify the PUC of an increase in costs;
these rates are not effective for compactor trucks until April 1st.
Regular Meeting Aspen Clty Council December 11, 1978
Councilman Behrendt moved to approve the new ra%e s~ructure; seconded by Councilman Parry.
All in favor, motion carried.
Mayor Standley asked if the dump was closed for free dumping and salvaging on Sundays.
Pat Dobie said it was, and it just happened recently. Stafford said the County was think-
ing about making a key available at the sherrif's or police department for Sunday dump
use. Ochs said there is practically no use on Sundays except for salvaging. Councilman
Wishart came in.
Stafford said in Glenwood they are paying S.17 per pound for separated aluminium. The
County feels it is appropriate to give an incentive and encourage everyone to recycle
their aluminium. The County is proposing a program they pay the non-commercial resident SWC - aluminium
users $.15 per pound for separated aluminium or take a reduction against bringing other recycling
trash to the SWC. The county engineer will contract with a local service organization to program
recycle the aluminium, and they would receive their profit by delivering the aluminium to
Glenwood. Stafford attached a joint resolution asking for endorsement of this program.
Commissioner Kinsley moved to approve the resolution endorsing the aluminium recycling
program; seconded by Commissioner Edwards. All in favor, motion carried
Councilman Behrendt moved to endorse the aluminlmum recycling program; seconded by
Councilman Parry. All in favor, motion carried
Stafford said the last item is subsidizing the costs approved; Stafford handed out a cost
Solid Waster
sheet. The subsidy required from local government will be $26,000 divided between Aspen~ Center
Snow~%ass, and Pitkin County. The county sales tax is earmarked in part to be used to Subsidizing
subsidize the operation of the SWC. Stafford proposed to allocate 75 per cen~ of the cost
according to resident population and 25 Der cent allocated to the number of tourists non-
resident beds. The costs for 1979 would b~ 10,697 City o~ As~en~ ~4-231 Snowmass. and
$11,682 Pitkin C~unty. This tries to recognize the amount of trash generated by resident
versus non-resident. Ms. Butterbaugh told the Boards that her staff has not seen any of
this, and the City budgeted for the SWC over a month ago, she has a problem with a whole
new proposal. Stafford said this should be less than was anticipated. Mayor Standley
said the City will take this under advisement.
Stafford told the Boards he had done a reference check on International Systems Inc., and
it came back highly favorable. All cities and towns had commented the organization was
very responsive.
Councilman Behrendt moved to go for the contract with ISI; seconded by Councilman Parry.
All in favor, motion carried.
4. Funding Request - Gravel Pit Study. Pa~ Dobie told the Boards this request is to fund
a reconnaissance study of sand and gravel deposits in the county, to identify sites that ~equest for fund~
amy be developed as a future municipal location. The advantage is that this gravel could gravel, pit
be used to reduce competition in bidding in the valley and to substitute sand for cinders study
in winter maintenance.
Mayor Standley asked if this study was likely to turn up anything that private enterprise
has not discovered. Hal Clark told the Boards there has been a significant amount of
research done by Elam and Korn for possible sites. Elam has proposed a new gravel site
on the Woody Crrek area. Clark said he felt the location of a gravel site is dependent
upon land use factors rather than geological factors. The proposed sites list has a great
deal of controversy over several of the sites, and this is land use decision. There are
millions of tons of gravel in Pitkin County. Clark pointed out the only snad deposit he
knows of is at the Benedict site; someone should get that reapproved as a sand site.
Clark stated there are some advantages in having competition for gravel. Elam's position
is that the Vagneur site might offer this. The Elam present site is quite difficult to
work. Clark said he had discussed with Aspen, Snowmass and Pitkin County the possibility
of leasing back to the governments some area of the Vagneur site or opening it for competi-
tive bidding on local projects. Clark told the Boards if they were not certain on where
the sites are, it would be valuable to have an objective study~ Clark said he felt this
would boil down to four sites for gravel; the present Elam site, the Vagneur site, the
Mills site, and the dump site.
City Engineer Dave Ellis concurred this is really a land use question, ultimately a
county land use decision. The County P & Z is very unfavorable to al~ the sites listed.
Ellis said he felt the land use decision should come before a decision for the study.
Nick Lampiris said he felt that without a map showing all the locations, he did not feel
a decision could be made. Land use must follow the raw data. Councilman Isaac said it
doesn't sound practical to do a survey in the winter. Mayor Standley said he feels this
is a private sector problem, and he has no interest in funding this study. Mahoney said
the city and county use about 90 per cent of the gravel in the valley, and it is a problem
if there are no alternate places to buy gravel. Mahoney suggested he, Lampiris, Ochs,
and Clark work this out.
Councilman Parry moved to table pending further discussion between interested persons;
seconded by Councilman Isaac. All in favor, motion carried.
5. Animal Control Program. Janie Gerber had submitted a memorandum proposing a program
to deal with the increase of dog bites in Pitkin County, increase in complaints, and the
increase of running at large and the need for education. Ms. Gerber's proposal is that Animal Control
the City will provide an animal control officer for dogs running at large in the City. progr~
The existing three officers will patrol on a complaint-service from Aspen Village to the
base of Independence; all other areas will be dealt with on a complaint-only basis. Ms.
Gerber said she would deputize people in areas that are not regular patrol to handle
complaints and respond to them; they could pick up dogs and hold them until the officers
arrived.
Ochs said he felt the proposal for downvalley dog control would weaken policing in the
county. Ms. Gerber agreed, pointing out it would be complaint-response basis and right
now they are patrolling these areas. Ms. Gerber said the sheriff's department helps out
with livestock complaints but does not pick up dogs. Ochs asked if this increased the
budget for 1979. Mayor Standley pointed out if there was another dog officer, based on
the fee structure, they could break even. Ms. Gerber pointed out this program would
increase patrol in the core area.
Ochs said the county is having a budget session this week, and if Ms. Gerber could get
the dollar figures together and present a program then, the Commissioners could then look
at it. Mayor Standley pointed out there is never more than one person on duty, and the
dog problem is getting out of hand again. The proposal is looking at a way of increasing
the effectiveness in the heavily populated areas. Councilman Isaac said from the City's
standpointed, he would like to see this approved.
Councilman Isaac moved the City fund an additional animal control officer for the City;
seconded by Councilman Behrendt.
Councilman Behrendt asked the extra person work occasionally late at night when people
let their dogs out. Ms. Butterbaugh suggested monitoring this program to see if it is
cost effective. The City has an agreement that they revert half of the revenues back
to the county, and they stand half the costs. If this person is working strictly for
the city, they will have to determine exactly what revenue that person is producing.
All in favor, motion carried.
6. A-95 Review: U.S.P.O. Snowmass Village Branch. Commissioner Kinsley moved to forward
USPO - Snowmass with favorable comment; seconded by Councilman Parry.
Village Branch
Joe Wells told the Board the Town of Snowmass is entering a master planning process which
won't be resolved until spring. Wells said he did not want to see the post office con-
demning a site until the master planning is done. Added to the motion was not to endorse
condemnation of a site that is not consistent with Snowmass master plan. All in favor,
motion carried.
COUNCIL MEETING %
MINUTES
CouncilwomaD Anderson moved to approve the minutes of November 13, 1978, Council meeting;
seconded by Councilman Isaac. All in favor, motion carried.
ACCOUNTS PAYABLE
Councilman Behrendt moved to approve the November accounts payable; seconded by Councilman
Parry. All in favor, motion carried.
CITIZEN PARTICIPATION ~
There were no comments.
COUNCILMEMBER COMMENTS
Rio Grande 1. Councilwoman Anderson' said she wanted to discuss the Rio Grande parking, and would
parking reserve her comments to the parking discussion.
Street Dept. 2. Councilman Isaac thanked the stree= department for the good job they did during the
first storm of the year.
3. Councilman Isaac asked when the P & Z interviews would be scheduled. They were set
for the December 18th Council meeting.
4. Councilman Isaac asked about the employee evaluations. Mahoney said he had met with
Employee Warren Bennis who will meet with Mahoney and Mayor Standley after December 15th. Bennis
Evaluations suggested the City consider a personnel manager. Mahoney said the City had the facility
to do the things that were suggested.
5. Councilman Parry noted many of the people present were for the public hearing on
Ordinance %41, and asked if an approximate time could be given. Mayor Standley guessed
about 7:30 p.m.
Rio Grande 6. Councilman Behrendt requested that the stairways to the parking lot at Rio Grande be
Parking cleared and a program set up to maintain it.
7. Mayor Standley told Council the state liquor inspector was in town and reiterated one
Underage of the comments that has been made. There is an unusually large amount of underage drink-
Drinking lng in the bars. The liquor inspector is citing people himself; the police department
has not cited anyone. Mayor Standley asked Mahoney to get the police to start checking
id's.
8. Mayor Standley announced people wishing to speak at the Ordinance %41 public hearing
must sign up with the city clerk.
CAPTAIN CLEAN REPORT
Captain Clean Mayor Standley said he and Captain Clean went to Washington D.C. to attend the Keep
report - trip America Beautiful"award conference. The City of Aspen had received first place in the
to Washington Colorado program, and received third place in the nation in the small community category.
D.C. The presentations were prepared by Tom Dunlop, the City's environmental health officer.
Mayor Standley told Council Captain Clean came to the presentation banquet with a brand,
new Captain Clean uniform with a black bow tie.
A1 Valdez (aka Captain Clean) told Council this was the 25th anniversary of Keep America
Beautiful, and that he was proud to accept the award for the people of Aspen and of
Colorado. Valdez said he handed out over 400 Captain Clean buttons. Valdez presented the
award to the City Council, and said Aspen is doing a good job.
LIQUOR LICENSE RENEWALS
Tom Dunlop asked Council to put a conditional approval on Little Nell's. Councilman Liquor License
Parry moved to approve the renewals for Little Nell's, Pub, and Golden Horn conditioned Renewals
upon receiving the fire marshal's approval and Little Nell's on health also; seconded by Little Nells,
Councilman Behrendt. All in favor, motion carried. Pub, Golden Horn,
Jolly Jester,
Dunlop said he would like conditions on the Jolly Jester and Guido's. Guido's
Hickory House,
Councilman Wishart moved to approve the renewals for Hickory House, Shadow Mountain, Shadow Mountain
Little Annie's, Copper Kettle, Aspen Mine Company, Paragon, Alice's, Eagle's, Wiener Stube,Little Annie,s,
Tom's Market, Steak Pit, Mother Lode, Toro's, Jake's, Galena Street East, and Aspen Steak Copper Kettle,
Company; seconded by Councilman Parry. All in favor, motion carried. Mine Co., Paragon
Alices, Eagle's
Councilman Parry moved to approve the renewals of Jolly Jester and Guido's conditioned Wiener Stube,
upon Dunlop's approval; seconded by Councilman Wishart. All in favor, motion carried. Tom's, Steak Pit
Mother Lode, Toros
LIQUOR LICENSE TRANSFERS - Paddy Bugatti' s Jakes, Galena St.,
Aspen Steak
Rick Knezevich introduced John Kosh and Casey Cummins who plan to open up an Italian
restaurant in the space formerly located at Don Giovanni's. Kosh and Cummins have had
10 years experience in the restaurant and bar business. Dunlop has recommended a conditional
approval on this. -Knezevich said they will take care of the debts. Ashely Anderson,
representing Hans Cantrup, said they are not making a blanket statemen~ to pay all the ~quor License
debts. They would like the right to look at them and pay the ones that are justified and Transfer-
fight the ones that are not. Anderson pointed out there is nothing in the regulations Paddy Bugattis
that requires this.
Mayor Standley said the Council has come up with this policy and it has nothing ~o do
with the State. Knezevich told Council the past owners of Don Giovanni's do no~ even
know what the debts are. An individual who came forward with a claim was satisfied to
his satisfaction. Their next best alternative is to accept the guarantee Cantrup has
given. Anderson stated they just want the right to look at them and see which ones are
justified and which not. Mayor Standley said the Council's thoughts behind this policy
are (1) the City has been a creditor on water and electric, and (2) some people from the
purveying industry explained these bad debts drive up the prices in Aspen. If Council
imposed a lever, it might help keep the prices down. Councilman Van Ness came into
Council Chambers. Anderson reiterated if it is legally owed, they will pay it.
Dunlop asked that the transfer be conditionally approved until they have complied with
past inspections; there is a schedule set up for this.
Councilman Parry moved no approve the transfer; Councilman Isaac seconded with a condition
that Cantrup will assume all reasonable debts; including Dunlop's condition. All in
favor, motion carried.
LIQUOR LICENSE TRANSFER - Luke's Cafe
Ashley Anderson introduced Chris Cetlinski, Karen Billings, and Robert Willis, the Liquor License
principles in Luke's Cafe, Inc., a Colorado corporation. Cetlinski and Willis are Transfer -
managers of bars and restaurants in New York, and started a catering business there. Luke's Cafe
Anderson told Council there will be a change in use; it will be a sit-down restaurant.
Anderson presented a proposed menu. Councilwoman Anderson asked if they would keep the
non-smoking section. Anderson answered yes. Councilman Isaac asked if there were any
problem with debts. Anderson answered no.
Councilman Parry moved to approve the transfer conditioned upon compliance with past
inspections from Dunlop; seconded by Councilman Behrendt. All in favor, motion carried.
EXPANSION REQUEST - Andre's
Councilman Parry moved to add Andre's 18-E to the agenda; seconded by Councilman Behrendt. Liquor License
All in favor, motion carried. Expansion -
Andre's
Ulrych explained they plan to exmend the bar 8 feet into the dining room and eliminate the
present hostess station. They will loose one table and add 12 single sea~s at the bar.
Mayor Standley asked if these seats would have food service. Ulrych said yes.
Councilman Parry moved to approve the 18-E for Andre's; seconded by Councilman Behrendt.
All in favor, motion carried.
REPORT FROM BOULDER RESEARCH GROUP ON LIQUOR LICENSES
Councilman Behrendt moved ~o add this item to the agenda; seconded by Councilwoman Anderson.
All in favor, motion carried.
Liquor License
Mayor Standley introduced the report by the CU research group on an attitude survey on Report
liquor licenses conducted in the City. Mayor Standley introduced Debbie Beck, Sid Dickstein,
Bill Schaffer, and Melissa Zoros, students at University of Colorado in market research.
Previously they had mem with the city clerk, Liquor license owners association, Mayor
Standley, with the idea of doing a resident survey as one of their student pro]ects to
develop an attitude survey of liquor operations in Aspen. Mayor Standley said after
tonight's presentation, Council could schedule a work session with the Liquor License
owner's association and go over the findings in detail.
Matt Dickstein told Council the purpose of the study was to determine whether the needs
of the neighborhood had been met with respect to licensed establishments and the implica-
tions this would have on ~he issuace of new licenses. The survey was a random mail survey
and was sen~ to 497 places and received 137 back. These were analyzed by the computer a
Liquor License CU in three different areas; retail establishments, restaurants, and bars.
~Report With respec~ to retail stores, it was found the needs of the neighborhood had been met
with respect to quantity. There were some quality considerations. The BRG recommended
as a growth concern Council reject any new applications for licenses for retail stores.
As far as restaurants, the BRG thought it important there is an entirely different set
of criteria to determine merits of new applications for restaurants. The BRG feels the
applicant should establish that a significant number of inhabitants desire alcoholic
beverages with their meals, and that the availability of alcoholic beverages is important
enough to influence people's choice of where to dine by a significant number of inhabitants.
It should be incumbent upon the applicant to show the evidence that the needs of the
neighborhood has not been met with respect to restaurants alone.
As far as bars are concerned, the quantity of bars satisfied the majority of residents
during all four seasons; most people indicated the number was sufficient even an winter.
The BRG concluded the needs of the neighborhood had been met and recommended that the
number of new licenses be kep~ proportional to the city growth rate; if the projected
growth rate is 1.3 per cent, this would be one bar a year. Dickstein pointed out in both
retail and bar area, although they found the needs of the neighborhood had been met, they
could not find evidence that there has been over saturation.
Dickstein told Council they had asked residents their feelings on; the market through
supply and demand is capable of limiting the number of outlets in Aspen; and the City
should limit the number of new liquor licenses issued. The results showed inhabitants
did not necessarily desire Council to limit ~ssuance nor was it appropriate. The
attitudes were split down the middle on this. Residents felt the market was capable of
limiting itself. Dickstein pointed out they had observed a downward trend in quality
over the last three years.
Mayor Standley suggested getting copies to the liquor license owner's association and
letting the Council review their cop~es. After the first of the year, schedule a work
session for more in-depth questions. Dickstein said the BRG feels the needs of the neigh-
borhood have been met; if the number of licenses increases at a higher rate than the
population, problems could arise with an over-saturation. Dickstein said the study showed
there is a direct relationshop between quality and number of licenses in the retail part.
WATER PLANT HOUSING PROJECT REPORT
Ms. Smith, planning director, told Council given the County's willingness to adopt a code
amendment to look at employee housing anytime during the year and the adoption by mid-
~loyee the time frame in the and would be roughly the same. Final plat
housing
February,
city
county
Water Plant approval would be August 1979. This time line does no% recognize any extra time for
projec~ development, and it is likely the pro2ect will be delayed there. The City has
to adopt a PMH zone district. The planning office recommends an application be prepared
suitable for both jurisdictions, although it is most likely to start the project in the
County first.
Mark Danielsen, housing director, submitted a memorandum outlining several techniques
which could be used to finance the project. Right now it is too early to pinpoint which
technique would be the most efficient. When more details are worked it, the City will
be able to tell which one is most appropriate. It is possible to have financial backing
before August. Mayor Standley asked Design Workshop for an estimate for preparing the
conceptual subdivision document. Their estimate is between $2500 to $4500; this wide
range is based on the uncertainty of availability of information and whether it will be
proceed simultaneously.
Councilman Behrendt moved to hire and appropriate an upset figure of s4500 to get Design
Workshop to prepare the conceptual subdivision document; seconded by Councilman Wishart.
Councilman Behrendt asked if the Council will have a footprint to look at; will Council
still be able to Rave an alternatives presentation by other designers. Mayor Standley
said this is a footprint only; Design Workshop will not do the architecting at this step.
Councilman Isaac asked if it were proper to open this up %o bids. Design Workshop was
hired to to a design analysis to see if this site was suitable for development.
All in favor, motion carried.
SUBDIVISION EXEMPTION - Melnick
Subdivision Richard Grice, planning office, told Council this is the last application ~n the works
Ex~otion prior to the moratorium and must be reviewed under Ordinance 53. Grice has met with Tam
Melnick Scoot, Larry Melnick, the tenant Karen Troobnick, and Danielsen to discuss an agreement.
Grice told Council there has never been a lease. As far as Ms. Troobnick ~s concerned she
has always had the right of first refusal. To demonstrate m~n~mum tenant displace, Melnick
signed a one-year least at the current rent with an option at same rent with an ~ncrease
based on proportional increase in taxes. The lease incorporates a 90 day right of first
refusal. Grice stated he feels this is a fair compromise and recommends approval.
Danielsen said he agreed based upon the previous operation; the unit thought condominiumized
will be much the same as in the last three years.
Councilman Behrendt said this situation was one of considerable pressure and it looks like
the Council was being used as a sledge hammer against the property owner because of the
uniqueness of the situation. Grice said it was not the City's purpose to have the land-
lord find a price that the tenant could afford.
Councilman Van Ness moved to approve the subdivision exemption; seconded by Councilman
Parry.
Grice pointed out the lease includes the right of first refusal, six month minimum lease,
but does not include the 180 day relocation time. City Attorney Stock said under the
current Ordinance 53, Council still ought to require the deed restriction of the property
to the right of first refusal and six month minimum lease.
Councilman Van Ness amended his motion to include the deed restriction; seconded by
Councilman Parry~ All in favor, motion carried.
MALL PLANNING PROGRAM
City Manager Mahoney requested a study session for December 14th. Ms. Smith told Council
the Mall Commission would attend this to outline the planning program to be undertaken. Mall Expansion
Councilman Isaac said the P & Z ought to be invited. Planning
Program
PARKING PROPOSAL
Mahoney reminded Council the City had contracted PBQ&D to do a study. The conclusions of
PBQ&D were that the City is not presently utilizing the parking that is available properly.parking
PBQ&D made recommendation the City change from 2 hour parking to shorter time periods, proposal
The city engineer has made a plan to implement the recommendations of the study, after
talking to PBQ&D and Curt Stewart, transportation planner. Mahoney showed Council the
proposal on a colored map. To implement the plan will be a very nominal cost and can be
done immediately.
Councilman Van Ness pointed out the survey was done by getting people when they were
parking and ask they how long they intended to park. The survey does not show how long
people actually parked. This study was done between the suramer season and Labor Day.
Councilman Van Ness said he was hesitant to make a drastic change in parking based on
this slight evidence. Councilman Isaac said it looked good, and the City needs more turn
over in cars. Councilwoman Anderson brought up long time parking in Rio Grande and
suggested there be overnight parking allowed. There are threatening signs at the Rio
Grande; there ought to be more signs around town telling about the parking. The City
ought to provide a place where people can leave their car overnight. Mahoney said that
Rubey park was available for overnight, also a big parking lot below Obermeyer.
Councilman Van Ness said he had problems with this because there is very little one can
do downtown in half an hour. Councilman Parry agreed. Councilman Behrendt said the
whole district should be made one hour, except for truck loading. Councilman Isaac pointed
out the Council has been talking about auto disincentive and should stick with what it
has been preaching.
Ellis said he and Stewart both agree there is some bias based on the way the survey was
taken. An expensive solution would be to have monitors on the blocks at all time and
actually do a turn over county. According to the current inventory there are close to
900 spaces between Main and Durant, Monarch and Spring; 659 of those are one hour, 60
half hour, and 125 unrestricted. Councilman Van Ness asked about the update of this
survey. Ms. Smith said in the outline of the mall downtown, the parking study update will
be included as one of the elements. The parking study will be reinitaited during the
end of December. Councilman Van Ness said he would like to wait for the update. Gary
Plumley, mall commission, said this was the most practical, cheapes~ solution to the
problem in the downtown area. Plumley said he felt it was worth a try, and for a certain
percentage of the downtown, the City needs to keep the cars turning over.
Councilman Isaac moved to adopt the new time regulations on parking and to clean up the
signs to the Rio Grande area; seconded by Councilwoman Anderson, who added other long term.
parking should be signed. Councilmembers Anderson, Isaac and Mayor Standley in favor;
Councilmembers Van Ness, Behrendt, Wishart, and Parry opposed. Motion NOT carried.
LITTLE ANNIE-LIST OF ISSUES IN SITE SPECIFIC AGREEMENT
Mayor Standley turned over the meeting to Councilman Behrendt. Joe Wells, planning office,
had provided Council with many documents on the Little Annie Site Specific Agreement.
The status of the procedure by virtue of the joint review process is that the city is ~Little Annie
required to enter into a site specific agreement with the proponent within 30 days. WellSList of Site
noted it is virtually impossible to draft an agreement within that period as well as Specific
getting all agencies involved to sign off on it. Ron Garfield, attorney for Little Annie~Issues
has done an agreement, which was submitted. Wells has listed many issues to resolve.
Some of the major issues to be resolved is the City's interest in retaining outside expert-
ise to either review submissions, whether the City wishes to re-examine the Gilmore con-
clusions from his 1973 study - this may need to be re-evaluated to see if the conclusions
are still applicable. Council had indicated they wanted to take an active role in drafting
the questions to be addressed in site specific. Councilman Van Ness stated his over-
riding concern remains exactly what the deal is on the season pass. Councilman Isaac asked
why this is not being jointly with the County. Wells answered the County asked the staff
to prepare something for review rather than active participation of drafting questions.
Wells said they were putting the questions to Council to get them thinking about them, and
perhaps to set up a work session. Wells had submitted a list of questions that have come
from the planning office and other interested groups. Wells said if there are blatant
omissions or inappropriate questions, Council should tell the planning office. Council-
woman Anderson said one of her questions would be what are the implications for the sur-
rounding neighborhood, what kind of pressure will that put on the zoning.
MS. Smith brought up the concurrent processing of local land use reviews with the EIS
required by the forest service. Ms. Smith said it. looks like rezoning may be necessary
to conservation, the only district which allows lifts and ski facilities, which will be
conditional uses. These processes will have to be gone through, should this be done at
the same time the EIS is being done. There is also the PUD process that is required.
There are questions as to whether the whole process should be gone through, or just
conceptual, or conceptual and preliminary. Garfield, Stock and Ms. Smith will be getting
together to determine how many city reviews are required. In the County the only review
Little Annie necessary is the special use review.
Ski Area
Ms. Smith told Council this Friday she would meet with the staff and the proponents and
go over lists from the state and forest service and Council as to what concerns should
be included. Wells pointed out there has been considerable interest on several citizen
groups to form an ad hoc committee ~o review the application. Wells said this could be
either handled by P & Z or a citizens group similar to the one on transportation.
Councilman Isaac said he could not see abdicating Council's position to them, but he
could encourage them to get involved. Ashley Anderson, representing Little Annie, said
they felt an ad hoc committee was good as long as it is an outside objective opinion.
Councilman Isaac said if the City goes through the PUC proceedings, he would hate to see
the P & Z undermined by an ad hoc committee. Anderson said this would not be the case.
Councilman Isaac asked if the City would be involved in the joint review process with
Burnt Mountain. Ms. Smith explained the City is not a party to the agreement. Ms. Smith
said she understood any parties to Little Annie's were determined by anyone who had to
give a specific legal approval or denial. It has been the intention of the planning
office to involve the City Council as heavily as if they were a party. Councilman Isaac
said perhaps these should be evaluated together, even on a competitive basis. Wells
said his concern is that Little Annie, by virtue of being several months ahead of Burnt
Mountain, may be in line to bear the brunt of heavy expenses. There are advantages of
being able to process the applications at the same time. Both applicants resist that.
Councilman Isaac said the list of questions is pretty complete. Dave Farney asked that
the list from Wilderness Workshop under transportation ~l(g), they would not have gotten
the vote in the November election if people thought they were bringing 4,000 new people
into the town of Aspen. Farney stated that Little Annie will be taking care of people
that are here right now; they want to live within the growth management plan. Wells
responded he would want to know what tools the forest service would give local agencies
to preven~ that from happening. Anderson pointed out the Commissioners want an agree-
ment to sign or not sign; Council wants inpu~ into the draft. There is a meeting
December 15th with a representative from the state. Councilmembers could add questions
to be brought to this meeting.
Councilman Isaac added questions regarding (1) the summer impact, (2) having just one
skier access facility, (3) size and massing of the support facilities both at the top
and bottom, and (4) the ski pass. Councilman Behrendt said he wanted congestion at the
base addressed, and the extent of housing addressed, the number of units. Farney said
he had plans showing the kind of housing to be put in, the extent of it. Farney stated
the town of Aspen could well benefit from Little Annie far outweighing any problems.
Councilman Behrendt said it was his opinion the level of housing proposed is not an
adequate level, and he would like to have what is an adequate level addressed. Ms.
Smith said she would meet with staff and go over the list of concerns. Then they will
revise the site specific agreemen~ and brink it back to Council for review.
ASPEN HIGHLANDS BUS CONTRACT
Bus Contract/ H. J. Stalf said there were some changes made; the insurance clause was detailed better.
Aspen Highlands The only major change is that Jones wanted to eliminate the $5,000 minimum per year and
agreed to double the price per passenger. Stalf said he felt the City would come out
better on that in the long run. Highlands will pay S.50 per passenger now. Councilman
Behrendt asked why Stall was not charging the actual cost, and why the contract runs
for 5 years. Mayor Standley pointed out the 30 day termination clause. Stalf told
Council the City has been running this route free for 4 years, and he is just trying to
get money into the bus system. Stalf said this route is valuable to the City, and he
is trying to subsidize it.
Councilman Isaac questioned paragraph 10, Highlands will determine the number of riders
for the purpose of computing their charge. Stalf said they have hostesses, and the
drivers and hostess compare the figures every trip. If there is a discrepancy, Highlands
can determine.
Councilman Van Ness moved to approve the bus agreement with Highland; seconded by
Councilman Isaac. All in favor, motion carried.
ORDINANCE ~41, SERIES OF 1978 Six Month Minimum Lease Restriction
Ord. 41, 1978 Mayor Standley reminded everyone to sign up with the city clerk. They will be taken in
Six Month order unless they had submitted a letter. The Council had received 33 letters. Speakers
Minimum I~ase will have three minutes. Mayor Standley asked City Attorney Stock to summarize the
Restrictions ordinance.
Stock told Council this ordinance simply creates the six month lease term in those areas
of residential use within the City that are long-term residential areas. This excludes
only lodging and accommodations area of the City. This ordinance does not have any
provision for those current uses that are occurring within the community and are currently
legal. That type of use is protected by the non-conforming use section of the code.
This section allows the continuation of a use that was legal at the time the use was
brought into that particular piece of property; but if the use Ks discontinued for a
period of one year, then the property must come into compliance with this ordinance.
The property does not lose the right to continue to ren~ on a short term basis simply
by sale to another owner.
Stock told Council they will receive some sophisticated legal arguments, and if the
ordinance is adopted it will receive some form of legal challenge. Stock advised Council
they had the power and authority to adopt the ordinance and it is probably legally
valid.
~egu±ar Meetlng Aspen City Council December 11, 1978
Councilman Van Ness moved to reconsider the vote to adopt on first reading of Ordinance
~41, Series of 1978; seconded by Councilman Parry.
Councilman Van Ness said he felt the prime motivation of this hearing was to get input,
and he feels the Council has gotten more than adequate input. Councilman Van Ness said
he has not heard from anyone in favor of it. Councilman Van Ness said there are problems
with the ordinance; (1) it is almost impossible to enforce, (2) the City is infringing on
a homeowner's rights by telling him to whom and how long he can rent, (3) there is no
evidence of how pervasive the problem is. Councilman Van Ness said $250,000 West End
homes being removed from employee housing is not a logical argument. Councilman Van Ness
said it is not fair to create a price differential on resale; the units that have the
option of being short-termed will be worth more than those who can't.
Councilman Isaac said there are some inequities in Ordinance ~41. Nonetheless, Council
needs to address the fact that the neighborhoods are undermined and are becoming lodging
communities outside the lodge district. Councilman Isaac said this ordinance is not the
'answer to the problems trying to address, but the City does need to control the short
term rentals in residential areas. The City does need to collect sales tax on units
that are being short termed. Everybody is being sent doWnvalley and the nature of the
community is changing. Councilman Van Ness pointed out if four Councilmembers intend to
vote against this no matter what, there is no point in having a public hearing.
Councilman Wishart said he thinks the ordinance is faulty. Councilman Wishart said there
is a problem of reducing the market of long term rentals for employees. The public is
reacting to an economic situation that the success of the town has created. What is not
addressed is what is the City going to do about the employees that cannot live here.
Councilman Wishart said he would like to see all the people present for the public hearing
come and put in this much input when Council is discussing the housing problems.
Councilwoman Anderson said Ordinance #41 is addressing two problems; keeping the residential
neighborhood residential, these areas are being deteriorated, and keeping the employee
housing market for employees. Councilwoman Anderson noted having a great many condominiums
and houses in town non-conforming uses present many problems. This ordinance is not the
right answer, but the problems will not go away.
Councilman Parry said he did not feel a public hearing was necessary. There are 33 letters
on record that document the feelings. The people in the audience can submit letters if
the Council is going to redraft the ordinance
Roll call vote; Councilmembers Anderson, aye; Van Ness, aye; Wishart, aye; Behrendt, aye;
Isaac, any; Parry, aye; Mayor Standley, nay. Motion carried.
Mayor Standley reminded Council the vote is to reconsider adoption on first reading of
this ordinance which amends section 24-3.7(o) to provide for the addition of the R-6,
R-15, H-30, R-40, RR and C districts and single family and duplex units under the six-
month minimum lease provision. Councilman Wishart pointed out this will put off problems
that will have to be faced by the community somewhere down the road. Councilwoman Anderson
said she had changed her vote from the P & Z; these are serious problems, but this ordinance
is not the right approach. Mayor Standley said the residential zoning was made for
residents not short term rentals. Mayor Standley said he had problems with outside
influences which are making the decisions within the community; the letters are not
necessarily representative of a decision of the community. Councilman Van Ness said if
Council is talking about a detriment to residential neighborhoods, none of the people
that live in these neighborhoods are complaining.
Roll call vote on the motion to adopt on first reading; Councilmembers Behrendt, nay;
Wishart, nay; Van Ness, nay; Isaac, aye; Parry, nay; Anderson, nay; Mayor Standley, aye.
Motion NOT carried.
Gideon Kaufman told Council a lot of concerns were raised about this issue being swept
under the carpet. Kaufman offerred to meet with Council and discuss these problems and
try to work out a solution together. Council scheduled a study session for January 9.
ORDINANCE 947, SERIES OF 1978 - Repealing Sec. 13-47, Swimming Pool Covers
Councilman Behrendt moved to read Ordinance ~47, Series of 1978; seconded by Councilman Ord. 47, 1978
Van Ness. All in favor, motion carried. Swirm~ng Pool
~ covers -
ORDINANCE ~ 47 '~ rePealed
(Series of 1978)
AN ORDINANCE REPEALING SECTION 13-74 OF THE ASPEN MUNICIPAL CODE WHICH
PROVIDES FOR THE COVERING OF HEATED SWIMMING POOLS was read by the city
clerk
Councilman Parry moved to adopt Ordinance ~47, Series of 1978, on first reading; seconded
by Councilman Van Ness. Roll call vote; Councilmembers Anderson aye; Hehrendt, aye;
Wishart, aye; Van Ness, aye; Isaac, nay; Parry, aye; Mayor Standley, nay. Motion
carried.
ORDINANCE #48, SERIES OF 1978 - Vehicle Leases
City Attorney StoCk told Council the City already has the vehicles, and they were iOrd. 48, 1978
appropriated in the 1978 budget, vehicles
Leases
Councilman Isaac moved to read Ordinance #48, Series of 1978; seconded by Councilman
Parry. All in favor, motion carried.
ORDINANCE ~48
(Series of 1978)
AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THREE VEHICLES LEASING
AGREEMENTS BETWEEN THE CITY OF ASPEN AND DICK WHEELER, INC., WHICH
LEASES PROVIDE FOR TERMS AND MONTHLY RENTAL PAYMENTS (IDENTIFIED BY VEHICLE
NUMBER) AS (1) T-309, S121.00 FOR 36 MONTES; (2) T-330, S118.09 FOR 24
MONTHS: and L-9189, S157.00 FOR 24 MONTHS was read by the city clerk
Councilman Parry moved to adopt Ordinance ~48, Series of 1978, on first reading; seconded
by Councilman Isaac. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Behrendt,
aye; Wishart, aye; Van Ness, aye; Anderson, aye; Mayor Standley, aye. Motion carried.
ORDINANCE #49, SERIES OF 1978 Dog License Fees and Penalty Assessments
Councilman Isaac moved to read Ordinance ~49, Series of 1978; seconded by Councilman Van
Ord. 49, 1978 Ness. All in favor, motion carried.
Dog License Fee
and penalty ORDINANCE #49
assessments (Series of 1978)
AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN
BY SETTING DOG LICENSE FEES AND PENALTY ASSESSMENTS FOR FAILURE TO LICENSE
DOGS AND BY REQUIRING THE POSTING AND ENCLOSURE OF AREAS GUARDED BY WATCH
DOGS was read by the city clerk
Stock told Council this ordinance changes the license fee from $15 to $2, and adopts a
county provision requiring posting of areas guarded by vicious dogs. This ordinance
modifies the penalty assessment charge for dogs running at large so that an altered dog
will raise at a lower rate than an unaltered dog. It glxes the chief animal warden the
authority to take the difference 'between wha~ the unaltered dog paid and what it would
have paid and offer that amount of money to the individual as a deposit for altering
that animal. Janie Gerber told Council her objective is to get all animals licensed.
At $15 for unaltered dogs, this was not being done, and the unaltered dogs cause a lot
of problems running at large.
Councilman Behrendt moved to adopt Ordinance ~49, Series of 1978, on first reading; seconded
by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Anderson, aye; Isaac
aye; Parry, aye; Wishart, aye; Van Ness, aye; Mayor Standley, aye. Motion carried.
ORDINANCE #50, SERIES OF 1978 - Adopting contract for kennel service.
City Manager Mahoney requested this be tabled so that he could review it further.
Ord. 50, 1978 Councilman Behrendt moved to table Ordinance #50, Series of 1978; seconded by Councilman
Adopting Van Ness. All in favor, motion carried.
Kennelcontract
tabled Councilman Behrendt moved to add Ordinance ~51, ~53, ~53, #54, and Resolution =28 and
~29, Series of 1978 to the agenda; seconded by Councilman Isaac. All in favor, motion
carried.
ORDINANCE ~51, SERIES OF 1978 - Appropriations Land Fund
Ord. 51, 1978 Councilman Van Ness moved to read Ordinance 951, Series of 1978; seconded by Councilwoman
Appropriations Anderson. All in favor, motion carried.
Land Fund
ORDINANCE ~51
(Series of 1978)
AN ORDINANCE REDUCING PRIOR APPROPRIATIONS OF PARK DEDICATION FEE PROJECTS
OF THE GENERAL FUND OF $22~109; AND TRANSFERRING SAID AMOUNT TO THE LAND
FUND-UNAPPROPRIATED BALANCE; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING
IMMEDIATE ENACTMENT was read by the city clerk
Councilman Parry moved to adopt Ordinance ~51, Series of 1978, on first reading; seconded
by Councilwoman Anderson. Roll call vote; Councilmembers Behrendt, aye; Van Ness, aye;
Wishart, aye; Anderson, aye; Parry, aye; Isaac, aye; Mayor Standley, aye. Motion carried.
ORDINANCE #52, SERIES OF 1978 - Appropriations
Councilman Parry moved to read Ordinance ~52, Series of 1978; seconded by Councilman Isaac.
All in favor, motion carried.
ORDINANCE =52
(Series of 1978)
Ord. 52,1978
Appropriations AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $87,085
FROM THE PRIOR YEAR UNAPPROPRIATED GENERAL FUND SURPLUS, APPROPRIATING
$4,700 FROM EXCESS7TH PENNY SALES TAX REVENUES, APPROPRIATING $41,700 FROM
PRIO YEAR UNAPPROPRIATED SURPLUS WATER DEPARTMENT FUNDS, AND APPROPRIATING
$4,500 FROM UNAPPROPRIATED CURRENT YEAR REVENUES AND DECLARING THAT AN
EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by Mayor Standley
Councilman Parry moved to adopt Ordinance ~52, Series of 1978, on first reading; seconded
by Councilman Behrendt. Roll call vote; Councilmembers Isaac, aye; Wishart, aye;
Behrendt, aye; Parry, aye; Anderson, aye; Van Ness, aye; Mayor Standley, aye. Motion
~ carried.
ORDINANCE #53, SERIES OF 1978 - Appropriations for Transportation
Ord. 53, 1978
Appropriations Councilman Parry moved to read Ordinance #53, Series of 1978; seconded by Councilman
for Transporta- Behrendt. All in favor, motion carried.
tion ]
ORDINANCE ~53
(Series of 1978)
AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE PUBLIC TRANSIT
ENTERPRISE FUND IN THE AMOUNT OF $115,500 FROM BUS SERVICE CONTRACT REVENUES
IN EXCESS OF THOSE ESTIMATED IN THE BUDGET AND TRANSFERRING $52,000 FROM THE
TRANSPORTATION FUND TO THE PUBLIC TRANSIT ENTERPRISE FUND; APPROPRIATE
EXPENDITURES OF $167,500 TO PROVIDE FOR PUBLIC TRANSIT FOR THE PERIOD FROM
NOVEMBER 23, 1978 THROUGH DECEMBER 31, 1978; AND DECLARING THAT AN EMERGENCY
EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk
Councilman Isaac moved to adopt Ordinance ~53, Series of 1978, on first reading; seconded
by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Anderson, aye; Isaac,
aye; Parry, aye; Wishart, aye; Van Ness, aye; Mayor Standley, aye. Motion carried.
ORDINANCE 954, SERIES OF 1978 - General Appropriations
Councilman Parry moved to read Ordinance #54, Series of 1978; seconded by Councilman Isaac. Ord. 54, 1978
All in favor, motion carried. General
Appropriations
ORDINANCE ~54
(Series of 1978)
AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE POLICE PENSION FUND
THE AMOUNT OF $8,000 FROM PRIO YEAR UNAPPROPRIATED RESERVES; APPROPRIATING
IN THE EMPLOYEE RETIREMENT FUND THE AMOUNT OF $48,000 FROM PRIOR YEAR
UNAPPROPRIATED RESERVES; APPROPRIATING IN THE GOLF COURSE CONSTRUCTION FUND
THE AMOUNT OF $900,000 FROM UNAPPRPRIATED BOND PROCEEDS; APPROPRIATING
IN THE WATER FUND THE AMOUNT OF $121,650 FROM PRIOR YEAR UNAPPROPRIATED
SURPLUS; TRANSFERRING $41,700 TO THE GENERAL FUND FOR STREET OVERLAY FROM
THE PRIOR YEAR UNAPPROPRIATED WATER FUND SURPLUS; APPROPRIATING IN THE
ELECTRIC FUND THE AMOUNT OF $47,305 FROM THE PRIOR YEAR UNAPPROPRIATED SURPLUS;
APPROPRIATING IN THE 6TH PENNY SALES TAX FUND THE AMOUNT OF $7.724 FROM PRIOR
YEAR UNAPPROPRIATED SURPLUS; APPROPRIATING IN THE 7th PENNY SALES TAX FUND
THE AMOUNT OF $10,300 FROM PRIOR YEAR UNAPPROPRIATED SURPLUS; TRANSFERRING
$4,700 TO THE GENERAL FUND FOR FOUNTAIN LABOR FROM THE 7TH PENNY SALES TAX
FUND SURPLUS; AND DECLARING TEAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE
ENACTMENT was read by the city clerk
Councilman Parry moved to adopt Ordinance #54, Series of 1978, on first reading; seconded
by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye; Wishart, aye;
Parry, aye; Isaac, aye; Anderson, aye; Behrendt, aye; Mayor Standley, aye. Motion carried.
P~ESOLUTION #28, SERIES OF 1978 Creating Enterprise Funds
Finance Director Butterbaugh told Council she needed to create two new funds, one for the
golf course and one for the bus service, to put the proceeds in. Res.28, 1978
(Creating
Councilman Parry moved to read Resolution ~28, Series of 1978; seconded by Councilman Enterprise
Isaac. All in favor, motion carried, funds ~r
Golf Course
RESOLUTION NO. 28 and Transit
(Series of 1978)
WHEREAS, the expansion of the Golf Course requires the creation of an
Enterprise Fund; and
WHEREAS, the contract of bus services requires the creation of an Enterprise
Fund,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1. for the purpose of providing payment of all operating, capital
and debt service expenses of the municipal golf course and related costs and
expenses and to account for all assets and liabilities there is hereby estab-
lished a GOLF cOURSE ENTERPRISE FUND in which shall be despoited all monies
received from membership fees, green fees, cart rentals and all other related
revenues.
Section 2. for the purpose of providing payment of operating public
public transit systems and related costs and expenses and to account for all
assets and liabilities there is hereby established a PUBLIC TRANSIT ENTERPRISE
FUND in which shall be deposited all moneys received from fares, operating
revenues and all other related revenues was read by the city clerk
Councilman Van Ness moved to adopt Resolution ~28, Series of 1978; seconded by Council-
woman Anderson. All in favor, motion carried.
RESOLUTION #29, SERIES OF 1978 - Appropriations
Finance Director Butterbaugh explained this approves transfers from one department to
another; some departments are under budget and others are over. Res. 29, 1978
Appropriation
Councilman Isaac moved to read Resolution #29, Series of 1978; seconded by Councilman Transfer
Van Ness. All in favor, motion carried.
2531
Regular Meeting Aspen City Council December 11, 1978
RESOLUTION NO. 29
(Series of 1978)
WHEREAS, the City Manager has requested in writing the transfer of
part or all of certain unencumbered appropriation balances from one depart-
ment, office, agency or object to another, and
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter the City
Council may make appropriation transfers,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Upon the City Manager's request, the City Council hereby makes a
transfer of appropriations in THE AMOUNT of $41,494 from those GENERAL FUND
DEPARTMENTS listed on attached EXHIBIT "A" to the GENERAL FUND DEPARTMENTS
lis~ed on attached EXHIBIT "B". was read by the city clerk
Councilman Parry moved to adopt Resolution ~29, Series of 1978; seconded by Councilman
Isaac. All in favor, motion carried.
POLICY RE: USE OF CITY ATTORNEY BY COUNCILMEMBERS
City Attorney Councilman Van Ness said he would like policy guidelines. This falls under personnel and
policy areas of litigation; Council decided to have an executives session following the meeting.
PURCHASE OF HORWITZ PROPERTY
Stock told Council the attorney for Rorwitz has prepared the documents and is prepared to
Horwitz property go to closing, and requested this be done this year. Ms. Butterbaugh is concerned that
purchase unless the City has the $25,000 given to them, the City really doesn't have the money.
If Council wants to close this year, it is recommended that when the sixth penny sales
tax ordinance comes to them, they amend it to ~nclude the $25,000 expenditure to purchase
the Horwitz property. Mayor Standley asked Stock if he had worked with all parties so
that they will come up with the money they said they would. Mayor Standley said the
Ski Corp would come in for $10,000 and the Centre or North of Nell for $15,000 to make
the deal work. The funds have to be certified before the City can close.
Councilman Behrendt asked the City Manager come back next meeting with a recommendation
Enforcement concerning personnel and a liason and enforcement officer in the areas of the city attorney
officer for and building department. Councilman Behrendt said there is a frustration in'pursuing
codes enforcement. Mayor Standley told Councilman Behrendt to meet with Maheney and work this
out.
Councilman Parry moved to adjourn at 8:45 p.m.; seconded by Councilman Van Ness. All in
favor, motion carried.
Kathryn~. Koch, City Clerk