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HomeMy WebLinkAboutminutes.council.19781112 Regular Meeting Aspen City Council November 13, 1978 !~JOINT MEETING WITH COUNTY'~COM~ISSIONERS Ma~Qr Standley called the meeting to order at 4:10 p.m. with Councilmembers Isaac, Behrendt, Parry, Commissioners Child, Edwards and Kinsley present. Also preSent were City Attorney Stock'~ County Attorney Stuller, County Manager Ochs, and City Manager Mahoney. \ 1. Recommendations for State Highway Improvements to the State Highway Commission. Recc~/mn~tions Transportation Planner Curt Stewart presented the list of projects to be presented to the State Highway Commission. These are (1) preliminary engineering and EIS - Busway, (2) to State High- Safety I~provements on Independence Pass - pull off areas, (3) Shouldering Holland Hills t~way Cc~missi°n cut down on the tendency to drift off into the ditch, (4) Looking into whether or not the re; ir~provements to 82 sidewalks could be removed on the Castle Creek bridge for a widen bridge to accommodate pedestrians and bicyclists more safely, (5) Cutting the banks at the dump to widen the turning into the dump, (6) Castle and Maroon Creek approach signing improvements to get rid of superfluous signs, (7) Shoulder widening of highway 82 from the roaring fork bridge to Difficult campground to accommodate pedestrians and bicyclists, (8) On Cooper Avenue to accommodate two traffic and two parking lanes, improve drainage, and put in curbs, gutter and sidewalks, (9) Traffic signal at Main and Spring streets (10) Landscape improvements on the cuts on Independence Pass, and (11) a policy thing to ask the Highway Commission not to open Independence until the Fourth of July weekend to cut down the damage and cu~ down travel over the pass. Councilman Van Ness came into the Chambers. Councilman Parry asked the reason for holding the pass closed longer. Ochs said this would reduce the amount of rocks and other materials dumped over the side. More snow would be cleared and melted away, This would also give the highway department additional time to work on and make improvements on highway 82 between Basalt and Aspen. Councilman Behrendt suggested opening the pass In June in time for the Design Conference. Ochs said this is not top priority but merely a suggestion. Ochs said he would not present this to the highway commission until he had received the endorsement from the Boards. Council- man Van Ness pointed out Aspen residents go to the east slope often on business an~h~'~'is in favor of getting the pass open as early as possible. Ochs told the Council and Commissioners he and Curt Stewart had spent two sessions with the highway department on limiting travel on Independence Pass, and they do not agree. Councilman Isaac said he did not feel the new stop light at Spring and Main would be appro- priate once the post office moves down to Mill street. Mayor Standley agreed no more stop lights on Main street. Council concurred on this. Ochs said he would like to amend #8 to include a bicycle way on the south side of the road coming into town. Commissioner Child said he would like to add last year's nuraber 2 priority, working on the Phillips curves. Commissioner Kinsley said on Independence Pass it is impossible for the highway department not to dump alot of snow on the downhill' side. The land cannot revegetate itself naturally. Kinsley said if there is less dumping, the land might be able ~o revege- tate itself. Mayor Standley pointed ou~ much damage is done by the climax avalanche completely scouring the hill sides. Councilman Wishart came into Council Chambers. The Boards agreed to add work on the Phillips curve, and make it number 5. Councilman Parry asked if anything was being done about the Maroon Creek bridge to add a bicycle path. Commissioner Kinsley answered the highway department will not allow a cantilever path or anything of the side of the bridge. Councilman Parry moved to adopt the recommendations to be forwarded to the state highway department; 9 and 11 are scratched, the bike path amendment to number 8 added, and Phillips curves is added as number 5; seconded by Councilman Isaac. All in favor, motion carried. 2. Request for Funding - AVVNA Mayor Standley said the AVVNA had met with him and discussed the anticipated short fall to get through the year. Mayor Standley told the Board the VNA has $4,000~om~ng ~from'the Request for sale of the house on Spring and Main and suggested the City could loan them $4,000 until Funds - AVVNA next year. The rest of the short fall, S6 000, perhaps the City and County could split. Mayor Standley said the City does have the $3,000. The City cannot make loans but could pre-pay the $4,000 for next year. Bill Clark presented a letter explaining the short fall and the budget, expenditures and revenues. They have been spending less than was budgeted, they are under-funded by $10,000. Commissioner Kinsley said one of the reasons the VNA is underfunded is that the City did not give them enough money last year. The City gave them $6,000 less than VNA requested, and Kinsley submitted it was the City's short fall to make up. Mayor Standley said the City was willing to put in $3,000 and pre-pay $4,000 on next year's funding. That is the City's ability. Kinsley said last year the County gave the VNA the total amount they requested; the effect of this request would be that the County picks up the portion the City did not fund last year. Commissioner Child said he shares Kinsley's feeling on this. Councilman Behrendt said he felt the VNA was a County specific program; this is a question of double-taxation. Kinsley reiterated the short fall was partly a result that the City did not fund the VNA to their full request. Mayor Standley said his recommendation to the Council is to put in $3,000 and pre-pay $4,000 of next year's expenses. Councilman Behrendt moved the City give the VNA $3,000 plus pre-pay $4,000; seconded by Councilman Parry. ~ All in favor, motion carried. Commissioner Kinsley said the County would fund the VNA $3,000 if they could find it. 3. Amendment to Joint Planning Contract. Joe Wells told the Boards there was a clause in this contract stating he would be obliga- ted to commit 30 hours a week to city/county work. Smbsequent to entering into the contract, Amendment to the planning office has been approached by Snowmass to work on annexation. It has been Joint Planning increasingly difficult for Wells to meet the 30 hour a week commitment. The contract amend- Contract ment would-reduce the hourly commitment to 25 hours a week. Commissioner Child asked the planning director, Karen Smith, if this would change any programs they could do. Ms. Smith told the Boards they had planned on this basic allocation of hours, and it would not change any programs. Commissioner Child moved to approve the amendment to the planning contract; seconded by Councilman Parry. All in favor, motion carried. 4. A-95 Review: Snowmass Communications. Ochs told the Boards this communications system Sn~amass would be tied in with the city/county communications. ~Co~u~nications Councilman Isaac moved to move forward with favorable comment; seconded by Councilman Behrendt. All in favor, motion carried. Agricultural Reassessment Joline Vrchota said the Department of Agriculture wants to do Agricultural an analysis of fiscal ~mpacts of conversion of agricultural land. The product they would Reassessment b'e anticipating would be to produce a manual outlining three different procedures for local communities to make such analysis. The planning office recommends sending a letter as they think it is compatible with local goals and programs. It would be useful to quantify the changes from agricultural to other types of uses. Ms. Vrcho~a told the Board~ she had talked to other counties, and their studies show there is a definite loss, it more to handle the services than which is gained in the development. Ms. Vrchota asked that the Boards approve the letter she had enclosed. City Manager recommended the planning office find out who is doing the study and what their credentials are. Ms. Smith said it is the State Department of Agriculture; they are the administrators. Commissioner Child moved for approval; seconded by Commissioner Kinsley. Mayor Standley asked for an amendment conditioned upon seeing the contract or proposal and approving that. This could be done at the COG level. Commissioner Child said he would accept that as a footnote to the approval process. Commissioner Edwards said the County has been looking for this information for several years. It is important to know when a subdivision is being approved what the impacts will be. Previous studies have shown that impacts on government are significant; the costs of providing water, sewer, fire protection, etc., are much greater than tax revenues produced by the development. Edwards said this is the one A-95 he would most like to see the results of. Mayor Standley said if this is done by a group who does not know what they are doing, the study will not ~ be legitimate. Mayor Standley said this could be done by the COG planning director. 5. Request for Space and Funding From Women's Resource Center. Councilman Parry pointedil out this was scheduled on the Council's agenda because the Resource Center thought the City had space in the Wheeler, which it does not. The only way to discuss this and find !!Request for a space would be to bring ~his up on the joint meeting, funding & space i Women's Resource Pat Fallin, Women's Resource Center, told the Boards they were a new organization and haveiCenter had overwhelming interest. They are in critical need of space and a telephone. Ms. Fallin said there are no groups in the City providing the services they are providing. The Resource Center has volunteers to man the telephones, and they can probably get donations of office furniture, Ms. Fallin said they will be making a presentation for space at the Community Center, but they have to pay for this and they don't have the money. Ms. Fallin presented letters from the Aspen Mental Health Clinic and the VNA in support. Councilman Isaac asked what kind of feedback they are getting. The Resource Center said they have been getting minimal feed kack because they have not advertised and where they are located now they cannot have anyone come in. They need a space where women can come in and talk to the Center. Councilman Isaac asked if the services they are operating are duplicating what other il community groups are doing. Carolyn Doty said the majority of the professionals in town feel the Resource Center are not duplicating services; they are trying to make it easier for women to know where to go. Janet Landry, CMC, pointed out they are the only psuedo- woman's center, and she cannot fulfill all the needs. Councilman Behrendt said the list i~ of problems they are trying to solve are redundant with the Colorado Regional Mental Health Center, and the City funds the CRMHC. Ida Truscott said this is not intended to be a mental health center at all. Ms. Truscott told the Boards their intention is in terms of help, not solving the problems. This group would work in conjunction with the Mental Health Clinic, the AVVNA and other groups. Councilman Behrendt said it seemed like there is an absolute overlap. Councilman Behrendti said this group has not established why problems like rape, abortion, battered wife, canno~ be handled under the agencies already funded by the City and CoUnty. Carolyn Doty said women do not call these agencies; they are more likely to call a women's center. Bill McCrocklin, sheriff's department, said the reason they are supportive is they they get requests for assistance for problems that are unique to women. McCrocklin said this groupiI is offering a central place where a woman with a problem can go for help. Mayor Standley said it sounds like what is needed is an information clearinghouse to operate between all the various agencies. The level of service being provided and funded by the City and County is overwhelming, and this group seems to be within the community already. Mayor Standley said he had a problem with funding a program that is highly duplicating the existing services through lack of use. This is a commuications effort that needs to be cleared up. Ms. Truscott said this leaves but the human factor; this is women talking to women. Ms. Fallin said their argument is not that they are going to be another mental health center. They would like money to generate money through grants available for women's centers. Councilman Isaac agreed with Mayor Standley; this application looks like a duplication of ~ services. Councilman Wishart said this group has not presented a case that he would be willing to fund to the $5,000 level; it is not program specific. Councilman Behrendt saidl this is an organizational problem; there are existing programs who could incorporate and work with the women's resource center. Councilman Van Ness said he felt this was a dupli- cation of services; he would' be willing to give Wheeler space if and when it becomes available. Judy Frankel, registered nurse, said this group has letters wE±teen because of the problem of duplication of services. When they explained their program, people felt there would not be duplication of services. Commissioner Child said the County is charging rent for all the space at the community ~ center. Lower rent is given to non-profit organizations. Commissioner Kinsley said the size of this community does not justify this exclusive service. Kinsley said he hoped there would be space at the community center that could be used for a battered woman to ~-~ go, but it would not be just for that exclusive use. This could be a crisis room for different instances, for an amalgamated service. Kinsley said he would like to see a health service guide in this community, an individual to call for a specific crisis situation. Councilman Behrendt suggested the women's resource center going before the Human Resource Council to see if they can respond to this group. Mayor Standley Said they would be willing to listen if this group came back with a more specific program. Commissioner Kinsley told Council he is going to Washington D.C. on the season pass, and would like a letter from Council supporting this. Regular Meeting Aspen City Council November 13, 1978 Mayor Standley said Council would pass a resolution in support of this at the next Council meeting, and asked City and County attorneys to draft this. COUNCIL MEETING MINUTES Councilman Isaac moved to table the minutes as they were not submitted; seconded by Co~ncil- man Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Isaac asked about the $19,000 expenditure in the streets department. Ms. Butter- baugh said the streets department had gotten approval for expanded overlay on the streets. Councilman Isaac asked what $1700 to Mill Street Venture was. Ms. Butterbaugh said that was a repayment of park dedication fee for some street right-of-way. Councilman Parry moved to approve accounts payable; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION 1. Chuck Lyons asked why the second reading of the rezoning of Lots 12 and 13 at the golf course was not on the agenda. Mayor Standley said it should have been on, and he would ask the city attorney. COUNCILMEMBER COMMENTS 1. Councilman Isaac thanked the people who put on Music Man; it shows where community spirit really lies. P~location of 2. Councilman Parry moved to put the bus depot problem back on the agenda; seconded by Bus Depot Councilman Behrendt. All in favor, motion carried. This will be covered later. 3. Councilman Parry told Council Ed 'Compton was invited to the National Community Garden Forum in Chicago, and there wasn't time to get the City to get money for him. Several National ~ people got together and sent him off with a loan. Councilman Parry wondered if Council ity Garden would fund this. Mayor Standley asked what the value to the City was. Councilman Parry Forum- Ed said Compton was going to exchange ideas and to be a speaker. Councilman Parry said he Cc~on felt Compton had done alot for the community here and know alot about community gardens. City Manager Mahoney said Compton has been a good contributor to the parks system; he added a touch the City had lacked. Councilman Behrendt moved to add this to the agenda; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to approve the $550 expenditure; seconded by Councilman Parry. All in.favor, motion carried. 4. Councilman Behrendt said he had received a report on FAR and volume ratio in residential districts. This has not been dealt with by the Council. City Attorney Stock said he FAR/Volt, ne had brought this to Council conceptually and changes were made. Stock said he has not Ratio been asked to draft an ordinance. Councilman Behrendt said he would like to ask planning office to ask the city attorney to draft an FAR/VR proposal as outlined in the October 6 memorandum. 5. Councilman Van Ness commented on the shooting; there is an investigation going on in the district attorney's office. Councilman Van Ness said he would echo McClung's request Police that everyone withhold judgment until the report is complete. However, the City is deal- Department - with several standards; the criminal standard, and the civil standard~ and community Shooting standards. Councilman Van Ness said he hoped people would keep an eye on all three standards when the results come in. 6. Mayor Standley asked the city attorney why second reading of Ordinance #33 was not on the agenda. The city attorney and city clerk did not know why it was not on the agenda. It was published for second reading. Councilman Behrendt moved to add Ordinance #33, Series of 1978, on the agenda; seconded by Councilman Parry. All in favor, motion carried. This will be read under public hearing and second readings. BUS DEPOT RELOCATION H. J. Stalf told Council a representative from Trailways was here and worked out a situation where they have a building and some parking spaces at the airport. This has to go through Bus Depot county P & Z for a use determination, and will take until December 22. They are allowed Relocation to have phones installed and put equipment in prior to that time. Trailways currently has a freight operation at the airport. Stalf said the only hold up on this is the publication requirements of P & Z. SCOTT MILLS CAPTAIN CLEAN FILM Mayor Standley told Council Scott Mills, filmmaker, talked to him regarding making a film Captain on Captain Clean to use for PR. Mills said he wanted to go to Washington to film the Clean Film award Captain Clean has won and try to put together a promotional anti-litter campaign. Mills said he would follow this up with short spots that could be played at Grassroots and the theatres here in town. The funds for this would come from the state or federal government. Mills said he has talked to the ski corp, and they sounded interested.~ ~egu±ar Meeting aspen ~l~y ~ouncl£ ~ovemDer ~3, Mills said he has already written a scenario and screen play for a small promotional spot.~! Tom Dunlop said he felt the ceremonies in Washington D.C. will be totally covered, and he did not see a need for funding a film on this. People that live in this community are totally aware of the program. This program has a fairly good following with radio spots and parks department maintenance. City Manager Mahoney said if the program started to lose momentum in the spring, it might be a good idea to do a film then. Miller said if the award ceremony is covered and the City could get film free, that would be fine. The piece of film for the campaign would be very useful. HOUSING AT WATER PLANT Mayor Standley said Council has been discussing this for several years. One of the items outlined in the memorandum would be housing as a benefit to employees. Mayor Standley i~ ~ployee Housing said he would like to see this project get to the next step. Don Ensign told the Council i at Water Plant he had done a rough feasibility study; the outcome is that with comfortable density on developable land and without infringing on the operation of the water plant or Meadowwood, there are about 3~1/2 acres of suitable land. The site has water lines to it and sewer in the neighborhood of the hospital, which would make the development costs smaller. Ensign said for a comfortable density in the area, there could be 10 to 12 units to the acre, for a total of 20 to 40 units. To the south of the hospital there is about 8 acres he feels would be a reasonable place for single family lots. If the density conformed'to Meadowwood, there would be about 20 to 25 lots. This all would be consistent with the County's land use code. Mayor Standley said this would be managed by somebody else but owned by the City. The City would set up a development corporation. This would provide housing for public employees within the community. There are no assurances the County will approve the subdivision. Mayor Standley said he would like to get this going through. the approval process. Councilman Behrendt pointed out this land is surrounded by open space and low density property. Mayor Standley said this is 4 acres out of 80 acres or 1/2 of 1 per cent. City Attorney Stock said this property could be annexed to the City. Mayor Standley pointed out the County has PMH exemption. Councilman Behrendt said this is woods and open space and he liked it that way. Councilman Behrendt asked if parcel 1 Could not be used for this development. Ensign answered this parcel is visible from Meadowwood and there would be resistance from the homeowners. Mayor Standley told Council parcels 2 and 3 are a pocket and cannot be seen from anywhere. Don Ensign told CounCil he had talked to people at Interwest and asked if there was interest on part of development community to put together a relationship with the City to build the units all the way through the process. Ensign said he would like to ahead to prepare with this group and with the housing authority a range of alternatives how a private developer could be involved in the process. The would outline the City's degree of risk, the City's degree of management participation. Mayor Standley said that was at the administrative level, and he had outlined an approach where the City would put this out to bid by interested developer/manager groups. Mayor Standley said he would like the administration to take the site plan and come back to Council with a development plan to get the project going. By a development program, Mayor Standley meant the number of unitS~ size, configuration, financing approaches, management approaches, and approval process. Councilman Behrendt said he could only support this if there was an absolute minimization in terms of visual impacts. Councilman Behrendt said he would like to see the units con- centrated and the open space maximized. Councilman Parry moved to instruct the administration to get going on developing a devel- opment program for employee housing at the water plant site; seconded by Councilman Wishart. All in favor, motion carried. SCHEDULING COUNCIL INTERVIEWS Mayor Standley had handed out folders on interested persons and ~sked the Council to review these applications and tell his office who each Councilmember wanted to interview. Council Vacancy Applicants should have the support of three Councilmembers before having an interview. Interviews These will be sCheduled four next week. SPECIAL EVENT PERMIT - Wildwood School King Woodward told Council this is a fund raising benefit scheduled for December 22 at thei Playhouse theatre. They have gotten the film Superman, and with promotion, sales tickets,liSpecial Event and door prizes and film they will have a good benefit. They will have free champaigne iPermit - with the price of admission and will sell a small amount of liquor to those Who wish to iWildwoodl purchase it. School Councilman Behrendt moved to approve the special event permit for December 22; seconded by COuncilman Parry. Tom Dunlop asked that this be conditioned upon maintaining the occupancy at 575. Woodward said he had guarantted that already. All in favor, motion carried. LIQUOR LICENSE RENEWALS 1. Andre's. Bob Jacobs asked for conditional approval pending completion of outstand- ing notices. Councilman Behrendt moved to approve the renewal conditioned upon Bob Liquor License Jacobs' okay; seconded by Councilman Parry. All in favor, motion carried. Renewals Andres, Pinocchi0~ Councilman Behrendt moved to approve Pinocchio's; R. Pea's; Crossroads renewals; seconded R. Peas, by Councilman Wishart. All in favor, motion carried. Crossroads, P~blo's Councilman Behrendt moved to approve the renewal for Pablo's condition upon meeting the health conditions; seconded by Councilman Parry. All in favor, motion carried. Regular Meeting Aspen cl=y council November ±J, ±~/~ i TRANSFER OF LIQUOR LICENSE - Paco's Tacos 3.2 ,beer Mayor Standley asked about the status of the lease. John Henning, applicant, showed a i iLiquor License letter from the Grenko's for the rest of the year and an option on another year. Council- iTransfer - man Isaac asked if he would keep the service the same. Henning answered it would essentially! iPaco's Tacos be the same operation. Councilman Behrendt moved to approve the transfer Of the liquor license conditioned upon the maintenance of the same type of operation; seconded by Councilman Parry. All in favor, motion carried. REQUEST FOR PUBLIC HEARINGS - Aspen Bar & Grill and Poppycock's Request for Tom Dunlop requested Council set public hearings to discuss Aspen Bar and Grill's business Public Hearings license and Colorado liquor license on November 27. Dunlop removed Poppycock from the Aspen Bar & agenda. Dunlop also requested that should Aspen Bar & Grill come into compliance, he be Grill & allowed to removed them from the agenda. Pcppycock's Councilman Behrendt moved to set a public hearing on Aspen Bar and Grill for November 27; seconded by Councilman Parry. Councilman Van Ness asked the reasons for having a public hearing. Dunlop answered there have been outstanding violations since 1976. Dunlop performed another inspection today and corrective measures have been taken for some of the major violations. There is a lack of compliance on construction items. Councilman Van Ness said he agreed with the basic approach but had a hard time calling for a public hearing without knowing specific- ally what the problems are. Dunlop pointed out the Council is the issuing agent for the liquor license, and having a public hearing on the liquor and business license is the most immediate remedy the CoUncil has. Dunlop said he felt it was necessary to isolate specifiC cases that do not show sincere interest in compliance. Most of the items are construction items and if left the way they are, this could fall into the category where public health problems could develop. Dunlop said he would not come before Council without substantial backing that indicates his requests are totally justified. Dunlop said he did not feel he is being fair to the other food service operators if he does not pursue those who do not comply. All in favor, with the exception of Councilman Van Ness. Motion carried. ASPEN HIGHLANDS BUS CONTRACT H. J. Stalf told Council all the City bus systems run every 20 to 30 minutes. The High- Bus Contract/ lands/Mt. Valley bus runs once an hour, This is not acceptable in terms of being often Aspen Highlands enough and efficient enough. Stalf said he was going to come to Council with a proposal to expand the service. The Aspen Club was required to provide a shuttle, and they have offered to share in the cost with the City. Stalf said he felt he should contact High- land, the hospital and school district. In order to provide serv.ice every 30 minutes to Highlands, they will only provide demand service to the hospital. This should be adequate and more efficient. Stalf approached Aspen Club and worked out an agreement with this which covers the cost Of service on the Mt. Valley side and will incorporate part of the sRier's shuttle. This will run every 20 minutes. With this system, there will be better service for the school, James E. Moore pool, and hospital. The Highlands already has a bus system going out there, and Stalf was not in a terribly good bargaining position. Highlands would rather do the bus service themselves. They did agree to the contract presented to Council. The City can either get some money from Highlands or do the bus route themselves and stop at the high school. Stalf pointed out the City is not taking over Highlands bus route, but is merely running a regular City bus route to Highlands. This is very different from the express service the City is running for the Ski Corp. Councilman Behrendt said basically Highlands would pay the City $50 a day for running a bus out there; Highlands will pay $.25 per person delivered to the Highlands area. This is just in the morning. Lou Deane, T-Lazy-7, said Stalf had guaranteed that he would send a bus up to T-Lazy-7 at 8:30 a.m., 5:30 p.m., and 7:30 p.m. and 11 p.m. Ms. Deane said she had put this in her advertising and eliminated her cars. Ms.,~Deane said the hospital had been added to the route and now T-Lazy-7 cannot be served. If the City wants to cut down on cars, they should serve the ranch. Stalf said he had tried bus service to the ranch for three weeks; it was eliminated because there were no riders. This is a specialized service only to the T,Lazy-7 and cuts the route too short. Mayor Standley told Stalf to get ~ogether with Lou Deane and try to work some- thing out. Mayor Standley pointed out the agreement looked as if the Highlands would pay $.25 per rider all year round. Stalf said this is just during the winter season. The route would be run year round, for the swimming pool, baseball fields and to tie in with Maroon Creek system. Stock suggested amending the agreement to say that they would pay seven days a week during the days Aspen Highlands is open for skiing. Councilman Behrendt objected to Highlands paying $.12-1/2 per ride to the City when their cost is well over $.50 per rider. The buses are already there, and the City is providing a better cost. Councilman Behrendt questioned the five year clause, and if it was of any benefit at all to the City. Stalf pointed out it is $5,000 for one year that the City is not now getting. Mayor Standley suggested leaving it five years with a 90 day termination notice. Councilman Isaac moved to approve the contract with amendments as noted; seconded by Councilman Parry. All in favor, with the exception of Councilman Behrendt. Motion carried. SUBDIVISION ~XEMPTION - Oppens/Uhlfelder Subclivisicn Jim Reents, planning office, told the Council this exemption for subdivision request is for Ex~Nption the purpose of replatting Hallam Addition to create an additional single family homesite. Oppens/Uhlfelder ~egu±ar Meeting Aspen City Council November 13, 1978 This request is pursuant to Ordinance #3, 1978. The zoning is R-6, total square footage ~ on four original lots is 13,407. Mayor Standley asked if this new lot will come under th~ GMP and would it have to conform to the minimum leasing restrictions that are being con- ii templated. Reents answered the house will be counted against the 1980 residential quota when it~ is built out. City Attorney StoCk told Council under Ordinance #3, a house built~ on the created lot split will be exempt from the GMP. Stock said if Council adopts the minimum leasing restriction ordinance, the rental restrictions will apply to it unless it' is non-conforming use. A new structure cannot have the benefit of non-conforming status. The adoption of the ordinance will at least apply to the new structure; whether the ordinance will apply to the old structures depends on if it is a non-conforming use currently. The park dedication fee will have to be paid on the new structure. Reents told Council ~ the city engineer requested that an improved exemption plat be prepared; this should be a condition. Councilman Isaac moved to approve the exemption give ths condition of the engineer's approval of the plat and the payment of the park dedication fee; seconded by COuncilman Behrendt. All in favor, motion carried. SUBDIVISION EXEMPTION - Reeder Reents told Council this has been requested by the applicant to be tabled and considered Subdivision at a later date. Exemption Councilman Isaac moved to table; seconded by CounCilman Wishart, All in favor, motion carried. MILL STREET RIGHT-OF-WAY EXEMPTION City Attorney StOck told Council in order to do what the City wants to do on Mill Street, Subdivision which includes straightening it and creating a new bridge at the end of Mill street, and Exemption - making Mill Street a four-lane roadway, the requires the City to have a larger right-of- i Mill Street way. When Mill Street Venture came in, the City asked for property to be given to the Right-of-way City - the west side of the right-of-way. The right-of-way obtained by the City is subject to access and utility easements for Vilcor. Stock told Council he had talked to Edward Morse, owner of the Vilcor building, about dedicating property to the City and releasing partial easement. Morse said he will realse the easement as it exists on City property; Morse had also agreed to donate a small triangle of land to the City. Stock told Council he needs a subdivision exemption, and stated this is not a subdivision. This is a boundary line relocation, and Morse will deed the property to the City this December for income tax purposes. This has been to P & Z and they did recommend approval. of the subdivision exemption. Councilman Isaac asked if this would set a precedent for another application to come forward. Stock said no, the VilcOr building is currently a non-conforming building and by allowing Morse to deed off some property, the City is increasing the non-conformity, but this will make the City's property closer to conformity. Councilman Behrendt moved to grant exemption from subdivision due to a property line adjustment; seconded by Councilman Parry. All in favor, motion carried. ASPEN CLUB BUS CONTRACT Stock read change in last line of paragraph 5 in that we determine the annual cost based on what we contemplated as one-half of the total cost of running the service; and that ~Bus Contract/ line turns into "in the event that 50 per cent of the total actual cost of operating the bus route as provided herein shall be less than the annual payment obligation of the Club,iAspen club the Club shall be entitled to a credit for the amount overpaid". The Club wants to add ~ two additional sentences, "The Club shall be entitled to a credit for reduction in the actual costs of operating the bus routes as provided herein when contributions from persons or entities related to the costs of servicing the bus route constituted by this reduce the total actual cost of operating the bus route to less than twice the Club's annual payment obligation or 50 per cent of the total actual cost, whichever is less. In ii such case, the Club shall be entitled to a credit for 50 per cent of the difference between the recomputed total actual and twice the Club's annual". Stalf said if the Gant or Little Annie made a contribution to this route, if Stalf cannot show it is costing twice as much as the Club is paying to run the route, the Club gets a credit. Stock noted one other change in 15, the word sole discretion is changed to reasonable discretion. Mayor Standley pointed out under 9, the termination, he would only agree to that termination in the event that it is substituted by a bus system operated by the Club. Anderson said he feels the Club is obligated to do that anyway, if the Council wants to put this in the agreement, there is no problem. Council requested it be put in the agreement. Stock pointed out in the PUD agreement, the agreement required bus service of the Club. Mayor Standley said under 10a the "entire transportation system" is too large. Mayor Standley said he would prefer "contract transit service", there may be change in state or Federal insurance laws or something unforeseen that the City has to get out of contract transit. Anderson said he had no objection. Mayor Standley said he wanted 90 days termination, just as in the Highlands contract. Anderson said he would prefer desire to terminate contract ~ransportation services. Councilman Van Ness moved to approve the agreement with the Aspen Club as amended; seconded by Councilman Parry. Councilman Van Ness pointed out 10b should be changed for consistency. All in favor, motion carried, ORDINANCE #40, SERIES OF 1978 - H, Historic Designation of Holy Cross Building Mayor Standley opened the public hearing on the Historic Designation of the Holy Cross .!Ord. 40, 1978 building. There were no comments. Mayor Standley closed the public hearing. H~-designation iHoly Cross ~egu±ar ~ee~lng Aspen ulty ~ouncll November Councilman Isaac moved to read Ordinance ~40, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE =40 (Series of 1978) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE HOLY CROSS ELECTRIC WAREHOUSE BUILDING was read by the city clerk Councilman Isaac moved to adopt Ordinance ~40, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Behrendt, aye; Wishart, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~33, SERIES OF 1978 - Rezoning Lots 12 and 13, West Aspen Subdivision Mayor Standley opened the public hearing. Mayor Standley stated this is a now outdated request to rezone two lots of the West Aspen Subdivision for trade for the Aspen One Ord. 33, 1978 property. Mayor Standley closed the public hearing. P~zon/ngLots 12 & 13, West Councilman Isaac moved to read Ordinance ~33, Series of 1978; seconded by Councilman Aspen Subdiv. Wishart. None in favor, all opposed. Motion NOT carried. UNITED STATES POST OFFICE - SPA Public Hearing Ms. Smith asked that this be tabled because it should be adopted by ordinance. The USPO - SPA ordinance will be presented at the next meeting. Councilman Van Ness moved to table; seconded by Councilman Parry. All in favor, motion carried. 1979 BUDGET - Public Hearing and Resolution ~25, Series of 1978 Mayor Standley opened the public hearing. Councilman Parry questioned raises for Council- 1979 Budget members. Mayor Standley said this has to be done by ordinance. Mayor Standley closed Public hearing the public hearing. Res. 25, 1978 Councilman Parry moved to read Resolution ~25, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. RESOLUTION #25 (Series of 1978) WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1979, and ending December 31, 1979; and WHEREAS, the budget as submitted sets forth the following estimated fiscal data including anticipated revenues and expenditures for the year 1979: REVENUES EXPENDITURES TRANSFERS SURPLUS General. Services & Operation 2,759,021 (3,256,581) 497,762 202 Land Acquisition Fund includ- ing Park Dedication Expen- diture, Open Space, and Capital Improvs~ents Sales Tax 1,080,165 ( 287,216) (470,027) 322,922 ~ransportation/Mall Sales Tax Fund 980,165 ( 65,650) (708,003) 206,512 Transit Fund 600,000 (1,062,098) 462,098 --- Water Fund 901,686 ( 826,686 (75,000) --- Electric Fund 1,443,223 (1,083,235) (280,000) 79,988 Golf Course Fund 87,980 187,766) 100,000 214 Revenue Sharing Fund 95,000 ..... [95,000] --- Police Pension Fund 46,000 13,500) .... 32,500 t'l~ployeeRetir~mentFund 113,000 60,000) .... 53,000 Trus~ Fund ................. Lease Purchase Debt Service .... 9,631) 9,631 .... 1970 Public Purpose Bond Fund .... 44,340) 44,340 .... 1972 Sales Tax Rev. Bond Fund ................ 1973 Sales Tax Rev. Bond Fund ................ 1976 Sales Tax Rev. Bond Fund ................ Sales Tax Bond Reserve Fund ................ 1978 Sales Tax Bond Fund .... 514,199) 514,199 .... Total $8,106,240 ($7,410,902) -0- $695,338 ~egu±ar meeting Aspen ulty ~ouncl± November 13, 197S WHEREAS, the assessed valuation of taxable property for the year 1977 i~' the City of Aspen returned by the county Assessor of Pitkin County, is the sum of Fifty-nine Million Two Hundred Sixty-two Thousand Three Hundred Ninety Dollars ($59,262,390); and WHEREAS, the City Council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the City shall be that determined by the County Assossor sufficient to produce ad valorem tax proceeds in the amount of $119,117.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the budget for the City of Aspen as submitted is hereby adopted, which adoption shall consitute appropriations of the amounts specified therein as expenditures from the funds indicated; and that the estimated budget revenue requirements of $8,106,240 is declared to be the amount of revenue necessary to be raised by the tax levy and income from all other sources, including surplus at the beginning of the year, to pay the expenses and certain ~ndebtedness of the City, including interest upon the indebtedness, and to provide a reasonable surplus at the close of the fiscal year beginning January 1, 1979, and ending December 31, 1979; BE IT FURTHER RESOLVED that for the purpose of defraying the expenses of the City of Aspen, Colorado, during the fiscal year beginning January 1, 1979, and ending December 31, 1979, there is hereby levied a tax on said dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado, for the purpose of raising the sum of $119,117.00 which, together~with the surplus and revenue from all other sources, is estimated to meet budget expenditure requirements and provide a reasonable closing surplus for said fiscal year. ADOPTED this 13th day of November 1978. Councilman Isaac moved to adopt Resolution ~25, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. CITY MANAGER 1. Annexation Study Session. City Manager Mahoney requested a study session to be scheduled in which to present reasons, strategy and comments on annexation. Mayor Stand~ey said he would like to wait until a Councilmember has been appointed. Mahoney told Council that Marty Hershey has been contributing a lot t0 the annexation study. Council i Annexation scheduled this for Monday, December 4, at 6:30 p.m. Study Session 2. Aspen One Property. Mahoney had submitted a memorandum to Council about buying this property through a revenue bond. Mayor Standley said this should be done in an installment contract. Ms. Butterbaugh agreed this is the only way it can be done; the City is pretty much bonded out in the sixth and seventh penny. Mahoney said the City Aspen One will go after the property. Mayor Standley said the staff was instructed to get an Property agreement for Council; they have not gotten it. TOW AGREEMENT Mayor Standley asked if the City comes up with another storate location, what happens. Stock said the contract would have to be amended. Mayor Standley suggested putting in "or another location within one mile of the city limits". Mayor Standley pointed out i TowContract in number 7 page 3, the contractor of providing 24 hour storage, but charges $5 for releasing vehicles between 10 p.m. and 7 a.m. They are willing to agree to tow 24 hours! a day, they ought to release 24 hours a day. Stock said the office is opne from 7 a.m. to 6 p.m., and they have to pay at a higher rate to have someone come out and release the vehicle. Councilman Parry said this is an extra fine for not taking care'of their cars. Ms. Butterbaugh said this does increase the overall cost, and the tow charge covers their present cost. If this surcharge is not permitted, the tow charge to every- body will have to be increased. Mayor Standley said he strongly disagreed. In 9, page 4, Mayor Standley asked about verification on the 15 minutes time limit to hook up a car. Stock said whenever a car is towed, there is an officer on the scene. The reason has to be put down, and it has to be a specific reason, such as an obstruc- tion to the tow. Mayor Standley said he felt anything over 15 minutes should be initialled by the police officer anytime it happens. Councilman Parry moved to approve the contract subject to the amendments in 2 and 9; seconded by Councilman Isaac. All in favor, motion carried. PUB LEASE Ms. Butterbaugh told Council the City re-evaluated all the leases in the Wheeler at the beginning of 1977; the lease amount varies by the floor. Ms. Butterbaugh pointed out Wheeler Leases there is a 60 day termination notice, in case the City goes into major remodelling. Pub Councilman Parry moved to approve the PublLease; seconded by Councilman Van Ness. All in favor, motion carried. RESOLUTION ~24, SERIES OF 1978 - GMP Commercial Allocations for 1979 Jim Reentz told Council the Independent Commission had met on October 10 and had for- Rs. 24, 1978 warded to Council this recommendations for allocations. Every project scored without GMP Cc~ne_rcial bonus points above the minimum required. The total square footage applied for~ and Allocations 1979 recommended for approval is 13,500 square feet; the yearly allotment is 24,000 square feet. Councilman Parry moved to read Resolution #24, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ....... ~eguiar Meeting Aspen ~l~y ~ouncl± November ±J, ±~ RESOLUTION ~24 (Series of 1978) WHEREAS, Section 24-10.5(e) requires that the City Council by resolution provide annual developmen~ allotments under the Growth Management Policy Plan, and WHEREAS, by Resolution dated October 17, 1978, the Aspen Independent Commission has completed reviews of three commercial projects filed for the individual 1979 commercial allotment of 24,000 square feet, and WHEREAS, these three projects in combination do not exceed the stated quota, and WHEREAS, at a special meeting, on October 10, 1978, the Aspen Independent Commission did conduct a duly noticed public meeting to consider applications under the Growth Management Plan and at that meeting did consider the Mill and Hopkins building, a project of 4,500 square feet, the Gasthof Eberli, a conversion project of 9,000 square feet and Fothergilt's Basement, a project of 1,000 square feet for a total of 14,5000 square feet, and WHEREAS Section 24-10.5(c) requires that sixty percent (60%) of the total available and this sixty per cent (60%) constitutes 21.6 points or thirty per cent (30%) of the points available under Part 1 (Quality of Design) and part 2 (Histori Features, Section 24-10.5(b), and the Independent Commission at its October 10th meeting did assign the Mill and Hopkins Building 30.06 points, the Gasthof Eberli 23.4 points, and Fothergill's Basement 18.0 points with over thirty per cent (30%) in Section 24-10.5(b) 1 & 2, and WHEREAS, Section 24-10.5 provides for an opportunity to protest the findings of the Independent Commission in their review of Growth Management applications, and to date, no challenger can reasonably be expected since all applicants under Section 24-10.5 were approved, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado; That the Mill and Hopkins Building, the Gasthof Eberli, and the Fothergill's basement be granted full square footage allotments sought in their applications presented before the Independent Commission under the guidelines of the 1979 Commercial allotment, and that each of these projects be authorized to proceed further with any additional approvals needed by the City of Aspen to secure building permits was read by the city clerk. Councilman Wishart moved to adopt Resolution 924, Series of 1978; seconded by Councilman Van Ness. All in favor, mot±on carried. ORDINANCE ~38, SERIES OF 1978 Electric rates Councilman Parry moved to read Ordinance ~38, Series of 1978; seconded by Councilman Isaac. ~Ord. 38, 1978 Electric Pates City Manager Mahoney told Council the City has had their rates raised approximately 8 per cent, and the mechanism the City used to fine out how to pass this on was to take the cost to the City divide it into kilowatts used in the whole City and fine an average cost; take what the household uses, kilowatt per month and charge accordingly. All in favor, motion carried. ORDINANCE #38 (Series of 1978) AN ORDINANCE AMENDING ORDINANCE NO. 30, SERIES OF 1976, AND ESTABLISHING NEW ELECTRICAL RATES FOR CUSTOMERS SUPPLIED BY CITY-OWNED UTILITY was read by the city clerk. Stock outlined the changes in the ordinance; language on ~ow to determine the rate and the base charge for 1978. Ms. Butterbaugh told Council the ordinance had been changed so that the rate structure is in the ordinance. The pass-through structure is very complex. The rates are computed on an average of kilowatt useage from August to July so that next July a new ordinance with new calculations wil-1 have to be passed. Councilman Isaac moved to adopt Ordinance ~38, Series of 1978, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Van Ness,aye; Council- man Isaac, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~41, SERIES OF 1978 - Six month rental restriction Mayor Standley said this ordinance takes the minimum 'rental restrictions the City has been Ord. 41, 1978 imposing .on condominiumizations and places in residential zones. City Attorney Stock Six M~nth Rental told Council residences that are already being rented a number of times a year get non- Restrictions conforming use status until they stop using the residence in that manner. Mayor Standley said he did not think the grandfather clause applied to residences. Mayor Standley noted these residences get two short term rentals a year. Stock said that time-sharing is a condomSni_umization or subdivision under the City's current code, and therefore, legally to time-share, an applicant must go through the subdivision process. Stock said the owners of a p±ece of property cannot lease out exclusive occupancy for more than two short periods of time. This ordinance is rental limitations, not use limitations. This only prevents 52 separate uses or rental if there is a payment. This does not restrict the use of the property by the owners. Mayor Standley said this would stop the conversion of residential units to tourist units. Mayor Standley said an enforcement officer would probably have to be hired. People will have to register if they are short-terming the units. Councilman Isaac moved to read Ordinance #41, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. Regular Meeting Aspen City Council November 13, 1978 ORDINANCE 941 (Series of 1978) AN ORDINANCE AMENDING SECTION 24-3.7(o) TO PROVIDE FOR THE ADDITION OF THE R-6, R-15, R-30, R-40, RR AND C DISTRICTS AND SINGLE FAMILY AND DUPLEX UNITS UNDER THE SIX-MONTH MINIMUM LEASE PROVISION was read by the city clerk Councilman Isaac moved to adopt Ordinance ~41, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Wishart, aye; Parry, nay; Isaac, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. FASCHING VIOLATIONS AT CHRISTMAS INN Mayor Standley said this is a violation of the zoning ordinances; the Christmas Inn plugged . . in seven additional units. Mayor Standley said this is a civil action, and the Council Building Code has the right to agree or not agree to a settlement. City Attorney Stock said the City Fasching Violations brought a criminal action against the Christmas Inn in Municipal Court. They were found Christmas Inn guilty and assessed a fine; they are appealing this in District Court. The City also brought a civil action in District Court for an injunction requiring them to put the property back to its original situation. The settlement offer is that the Christmas Inn will end the appeal and pay the fine. The civil side of the settlement is they want the authority to convert three of their current units to a manager's apartment. The space they used to convert the additional units was the former manager's apartment. Their argument is they converted the manager's apartment and created three units, and they are asking to take three different units and put them back into a manager's apartment. Clayton Meyring, building inspector, takes the position they have created seven units, and recommends the Council not accept the settlement offer. Meyring is of the opinion that the Christmas Inn ought to remove seven units from use. Stock said he has not given a recommendation because he is not familiar with this case. Mayor Standley said he agreed absolutely with Meyring. Councilman Behrendt said the Christmas Inn took the public space and the manager's apart- ment and converted this into seven spaces. Councilman Behrendt said a compensating amount of space should be turned back into public space, and a manager's apartment in some configuration as long as the square footage is the same. Mahoney said this makes sense in terms of fairness but not in terms of how the City enforces the ordinances; the Christmas Inn failed to get a building permit and used contractors that were not licensed. Mayor Standley said the Christmas Inn has to put the building back to its original plan with public space. Stock told Council Meyring's position is that they could leave the seven new units if they obtain a building permit and meet the code and eliminate seven old units. The total number of units could be no more than the number they originally had. Councilman Isaac moved to have the Christmas Inn restore the building to its original plan; seconded by Councilman Wishart. All in favor, with the exception of Councilmembers Parry and Van Ness. Motion carried. Councilman Behrendt moved to adjourn at 8:10 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn/S. Koch, City Clerk R~gu!~r Meeting