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HomeMy WebLinkAboutminutes.council.19780828 Regular Meeting Aspen City Councit August 28, 1978 Mayor Standley called the joint meeting to order at 4:15 p.m. with Commissioners Child and Kinsley, Councilmembers Johnston, Wishart, Behrendt, and Parry present. Also present were City Attorney Stock, County Attorney Stuller, City Manager Mahoney and County Manager Ochs. 1. Locating Common Gravel Pit. County Manager Ochs told the Boards that the only exist- ing and approved pit is Elam. Ochs said he felt the location of a pit merited search Locating and inventory throughout the County. Commissioner Kinsley said he would only want to do cc~mon this if it is an existing pit. City Manager Mahoney asked about using the dump. Ochs gravel pit explained the supply at the dump is near the highway and this would result in a road scar and a re~egetation problem. Mahoney said the City has had problems with exclusive sell- ing as Elam had control of the gravel pit. The City and County have been excluded from buying hot mix. Hal Clark, Elam, told the Boards that Elam only leases the land. Wink Jaffee owns the land, and the restrictions were made by the owner. When the State got the bid for the highway, the City and County engineers told Elam and Jaffee the work wouldn't be done unles Elam donated the gravel. Elam received no money from the state highway contract. Commissioner Kinsley told the staff to try and find an existing site for this. Commiss- ioner Child asked how much of an administrative problem this would be. Child pointed out there are some heavy state regulations covering municipal owned gravel pits. Councilwoman Johnston said she felt this was an interesting concept, and saw no problem pursuing it. Ochs told the Boards that the Town of Snowmass and Basalt are also interested. Ochs said he would have the city and county engineers proceed with this, determine several sites, develop cost estimates in taking it through the process and establishing it, and a generalized management program. Councilman Behrendt said the County had made it impossible for people to operate a gravel pit locally. If the City and County are going to open one, why not make it public they are interested in pursuing this and let a private concern open one. Ochs said the County was interested in making a site available for anybody to know that when they bid on City or County road projects, they will have a source of gravel. The County is only interested in getting this organized. Mayor Standley said that Ochs could continue work- ing on this; if anything looks interesting, bring it back to the Boards. 2. Little Annie's Public Hearing. Ms. Smith said there was a meeting of all the various local governments involved in the joint review process, which was step 6. Step 7 is to hold a public hearing to make known all the information available, for the agencies to Little evaluate this, and to give the public an opportunity to comment. The public hearing was Annie's set for Wednesday, September 20, at 7 p.m. in the District Courtroom. Public hearing 3. A-95 Reviews: Colorado Flexible Industry - Related - Start Up Program. Ms. Carr told the Boards this is a program to train people in metal and wood work. The program does not create any new jobs, just trains people. Commissioner Kinsley moved for favorable comment; seconded by Councilman Behrendt. All in favor, motion carried. (b) Migrant Family Planning. Commissioner Kinsley moved for favorable comment; seconded by Councilwoman Johnston. Mayor Standley, Councilmembers Behrendt, and Parry, and Commissioner Child opposed. Motion NOT carried. Councilman Behrendt moved for no comment; seconded by Councilman Parry. All in favor, with the exception of Commissioner Kinsley. Motion carried. (c) ToWn of Snowmass - Master Plan. Commissioner Kinsley moved for favorable comment; seconded by Councilman Parry. Joe Wells said this is a grant application to do the master planning for Snowmass. All in favor, motion carried. (d) Skyline 6 Area Agency Plan. Commissioner Kinsley moved for favorable comment; seconded by Commissioner Child. All in favor, motion carried. (e) Region 12 - Criminal Justice Planning. Commissioner Child moved for favorable comment; seconded by Councilman Parry. Ms. Cart said this is an annual submission of a grant for taining for the various law enforcement agencies in Region 12. All in favor, motion carried. 4. Citizen Participation. Jack Schuss, Mayor of Snowmass, said he thought it might make sense for the governments in the valley to spend t'ime seeing if there are things that can be done jointly, such as the planning effort. Schuss suggested areas such as central purchasing, grants. Schuss said he would like to explore this approach. The City and County Managers will work with Schuss on this. ~egu±ar Meeting Aspen City Counci± August 28, 19'18 COUNCIL MEETING MINUTES Councilman Parry moved to adopt the minutes of July 24, 31, and August 14, 1978; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston asked Mahoney and Ms. Butterbaugh if they were satisfied that every- thing is as represented and the City is not getting into any trouble areas. Mahoney said he was very satisfied. Ms. Butterbaugh said the bill paying was slow in June as she was waiting for the bond money for the golf course. Some of the golf course bills were paid out of general funds. The finance department is caught up now. Councilman Parry moved to approve the accounts payable; seconded by Councilman Behrendt. All in favor, motion carried. CITIZEN PARTICIPATION 1. Chuck Lyons, resident of west Aspen, addressed the decision to trade off part of the land at the golf course. Lyons stated he felt very strongly against this. Lyons gave Trading lots the Council a letter from former Mayor, Eve Homeyer. Lyons said he would like Council to at golf course consider changing their mind. This was one fo the firSt open space land acquisitions the City made, and is a very sensitive area out there. Lyons said everyone in the neighbhor- hood is against this. 2. Francis Whitaker stated he was on the Council when this property was acquired. TIPCO wanted to develop a shopping and convention center. Whitaker said he had drawn up the time table for the open space tax. Whitaker said he felt this property was acquired and zoned and was given permanent protection. Whitaker reminded Council the question of sell-i golf course ing the Plum Tree had been taken to the voters and not passed. Whitaker stated this lots Council doesn't have anymore authority to sell the lots than the Council Whitaker sat on. Whitaker stated he felt he gave a promise that the land would be permanently open space. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston asked what had been done about purchasing bicycles for the City employees to use on City business. Mahoney told Council two bicycles had been purchased. Many City employees own and ride bicycles to work. 2. Councilwoman Johnston asked what the status of the golf course property. Mahoney said the property is to be considered by the P & Z on September 5 at a public hearing. Golf Course property 3. Councilman Behrendt said everyone agrees the City has to get the Aspen One property, and are talking about how to do this. This will probably be settled by interpretations ~r~n~Ye of their intent. 4. Councilman Behrendt said he had walked up the stream bed of Hunter Creek below the diversion. Councilman Behrendt stated there are large planks and rusty pipes and junk Hunter Creek in the stream bed. If the City made the mess, they ought to clean it up. 5. Councilman Behrendt commented he like the way the A-95's had been presented with a memorandum summarizing each one of them. 6. Councilman Behrendt told the Council he had had a personal experience with the Aspen Police Department that lasted over several hours. Councilman Behrendt said he could not compliment them enough; they were there quickly, and handled things superbly. 7. Mayor Standley said he had received several complaints that the City does not have Street signs enough street signs. Mayor Standley told Mahoney to get up more street signs. 8. Mayor Standley told Council in Boulder there are only 4 newspaper racks in the entire mall and area surrounding it. The Council had told the staff to pick put 10 locations newspaper racks in the City, and the staff had come back with more. Mayor Standley said he would like to have 10 or less only. Councilwoman Johnston moved to add newspaper racks to the agenda; seconded by Councilman ~iNewspaper Parry. All in favor, motion carried, racks/vending Mayor Standley said he would like to have the Souper also added to the agenda for the establishment of a public hearing September 25. Councilman Behrendt moved to add the Souper to the agenda; seconded by Councilwoman Johnston. All in favor, motion carried. Bill Gruenberg, representing the neighbors on Bl'ack Birch drive, told Council they had just found out about the approval of speed bumps on Red Butte Drive; they did not know !iRed Buttedrive this was going on. Gruenberg said it is inappropriate to have speed bumps on a street speedb%m~p that does not even have speed limit signs. Grue~berg said he would be in favor of delay- ing these one month to give them the opportunity to talk this over with the Red Butte people. Debbie Miller agreed, and said there is no reason for speed bumps if everyone agrees to set a speed limit. Mayor Standley said the City would give the month, but the decision was made after two Council meetings. A petition with 25 signatures was presented along with separate letters and a map showing which houses were for this. Those Council meetings were the appropriate! time for input. Council made a decision after two meetings. Councilwoman Johnston ~egu±ar Meeting Aspen ~lty uouncl± AUgUSt gq, £~/~ recalled at the last meeting it was stated that 100 per cent of the people affected had signed the petition. Mayor Standley read this from the minutes, and told Mahoney to work this one through and report back to Council. REQUEST FOR PUBLIC HEARING - Souper Request for Tom Dunlop told Council he had been doing routine inspections on the Souper and since the Public hear- present owner, Don Siegle, purchased it in October 1976, there have been visits, re-visits ing Souper and special visits. Dunlop said he had the impression that compliance is becoming more difficult to achieve and violations keep cropping up. Dunlop said he would like Council to discuss the business and liquor license on the September 25 agenda. Dunlop said he would also like to reserve the right to cancel this if the operator gets everything into compliance. Councilman Parry moved to schedule a public hearing for September 25 at Dunlop's discretion; seconded by Councilman Wishart. All in favor, motion carried. Mayor Standley read a letter from some kids regarding the condition of Ute Park. Things listed that are wrong with the park; pirate's net torn, water fountain needs fixing, no clean bathroom, cut down dead trees and plant new ones, broken glass in the sandbox, remove big rocks, sandbox needs new sand. NEWSPAPER RACKS Council discussed their previous action on this issue. They had told the staff they wanted 10 locations for racks on public property ~n the City. H. J. Stalf had come back Newspaper with a list of 15 locations. Bil Dunaway, Aspen Times, told Council he presently had racks/ vending 21 locations and would be cutting down to 14 or 15. Councilman Behrendt moved the City start the program with 5 installations and take it from them; seconded by Councilwoman Johnston. Dunaway said that would be a hardship on the papers; people buy papers from racks and it is impulse buying. Five racks is cutting down excessively. Dunaway told Council that the newspapers are trying to work with the City; they have settled on a design and have agreed to 14 racks. Councilman Van Ness came into Council Chambers. Dunaway said they felt 14 racks was livable; to reduce it by 2/3 is not very equitable. Councilman Wishart pointed out that if the City cuts to 5 locations, there will be single racks all over on private property. Councilman Behrendt made a substitute motion to have 10 racks; seconded by Councilwoman Johnston. All in favor, with the exception of Councilmembers Johnston and Van Ness. Motion carried. LIQUOR LICENSE RRNEWALS Liquor License Magnifico's Councilwoman Johnston moved to approve the renewal for Magnifico's; seconded renewals by Councilman Van Ness. All in favor, motion carried. Magnifico's Freddie's Dunlop stated he had no problem with Freddie's. Councilman Behrendt moved to Freddie's approve the renewal for Freddie's; seconded by Councilman Wishart. All in favor, motion carried. REQUEST TO CHANGE LOCATION - Eagle's Club Request to Councilman Behrendt moved to approve the change in location; seconded by Councilman Van Change Ness. Dunlop told Council the food service license would have to be reissued, that Location - everything is being built according to plans. All in favor, motion carried. Eagle's MOUNTAIN RIVERS SUBSTANCE ABUSE TASK FORCE Mayor Standley reminded Council they had authorized payment to Mountain Rivers based on specific performance. Mayor Standley had discussed this with Charlie Baker, who feels Mountain Rivers there are problems with a detoxification program having their financing tied to client Substance contact. Mayor Standley said he felt giving them the budgeted amount for the rest of Abuse Task this year would be appropriate. Force Councilwoman Johnston asked about the participation from Pitkin County. Michael Connelly told Council there were 16 residents from Pitkin County in January through June. The last two months, that number has doubled. The amount left is $1250. Councilwoman Johnston asked if the City would be required to pay extra if the clients should exceed that amount. Connelly said no. Councilman Behrendt moved to release the impounded funds; seconded by Councilman Wishart. All in favor, motion carried. REQUEST TO SEND BASEBALL TEAM TO U. S. NATIONAL INVITATIONAL Bill Trofton told Council the now-City team took third in the State and has been invited to the Nationals. They have no money to go. Councilman Wishart asked if the members of the team were paying any money for the trip. Trofton told Council it cost $800 to go to the State. Each member will be paying $50 to $100 Councilman Wishart asked what . percentage of the total cost was represented by $1400 requested. Trofton said the total is $1600 to S1800. Councilman Parry asked if they had tried to get donations. Trofton said they had about $500 from businesses in town. Councilwoman Johnston said she had problem funding this as the City already funds a huge recreation program. Council dis- cussed sending a bus with the team. Stalf told Council the agreement stated the buses cannot be taken out of the state. Councilman Wishart moved to give up to $500 for the team to go to the baseball tournament~ seconded by Councilman Behrendt. All in favor, motion carried. ~eguiar Meeting Aspen ~lty Councl± August 28, 1978 Councilwoman Johnston suggested'the Council place a tree in the mall in memory of Mary Tree in mall Helen Cattell who served actively on many City committees. Mahoney said he would have in m~mory Jim Holland look into this. ASPEN/RED BUTTE CEMETERY DITCH MAINTENANCE AGREEMENT City Attorney Stock told Council he doesn't have any problems with this; it protects the Ditch Mainten- City's water rights on these particular ditches. The City can administer and communicate ance Agre~r~nt through the division engineer. This agreement requires the Cemetery association to main- Red Butte tain their portion of the ditch to the City's benefit. The term is $100 for the first C~netery year and~!$105 for the second year. Councilman Parry moved to approve the maintenance agreement; seconded by Councilman Behrendt. All in favor, motion carried. WHEELER OPERA HOUSE - Potential Avenues for Private Funds Mayor Standley told Council they have been discussing the Wheeler Opera House for a number Private Funds of years. The City has talked about a land transfer tax. The renovation program will be Wheeler Opera $1,250,000. This program does not seem to be getting anywhere. The Council had decided House they did not want to lease to the M.A.A for their renovation and management. Mayor Standley told Council when the new Historic Preservation tax incentive program was passed, it allowed Cities to sell buildings and the new owners get a rapid depreciation. Under this program, the City would loose the Wheeler Opera House. Mayor Standley said the Wheeler is continuing to deteriorate and get dangerous. Mayor Standley said he felt strongly that he would like to get it fixed up. Mayor Standley told Council there is a bill going to the Senate in September that would, if passed, allow the City to lease the Wheeler to an investor group who would do the renovation and lease it back to the City, and the City would be in the position of managing it. The City would not lose con, trol of the Wheeler and would not have to put up any money for financing. The investor group would get a rapid depreciation and a tax write off, which would be available under lease-leaseback. Mayor Standley said if it sounds reasonable, the Council can think this through in detail so that if the bill passes, the City would be ready to bring this up for discussion and get into renovation for next summer. Mayor Standley said the space for the Thrift Shop and Chamber could still be donated, these things would be covered when the program is firmer. Lois Butterbaugh submitted a memorandum to Council getting the amounts organized for Council to analyze. Ms. Butterbaugh stated the grants, to date, will be beneficial to any development of the Wheeler. Jenifer Carr said she felt the staff and Council had never sat down and gone through ways possible to finance the program. The Wheeler program is going forward; there is a bid out for $15,000 for structural repairs, and the master plan is under way. Ms. Carr stated she did not think the City had explored all the fund- ing possibilities. Jeff Sachs, representing the Aspen Foundation for the Arts, told Council the Wheeler Task Force report said that the renovation should be considered in conjunction with construc- tion of the performing arts building that would be adequate where the Wheeler would not be. Sachs said he wanted Council to keep in mind that by going ahead with the Wheeler only, they would probably encourage Ballet West to leave. Sachs said many people are vitally interested in having another performing arts center. Councilwoman Johnston said as a member of the Wheeler Task Force, they planned to develop the Wheeler on the scale that it is; Ballet West did not say they would be driven out. Mayor Standley pointed out the Council has been discussing this for a number of years. There are people willing to work this proposal and keep it rolling. Council expressed interest in working on the Wheeler and funding proposals. CROSS COUNTRY SKI PROGRAM Ted Armstrong, recreation director, told Council the Aspen Ski Club cross country ski Cross Country program has become defunct, and they are looking for a new home. Armstrong proposed to Ski Program keep it going through the recreation department with a complete Nordic program with a development program, jumping and maintenance of trail. This can be operated out of the James E. Moore building, which sits dormant all winter. Armstrong passed out a proposed budget for 1978. Armstrong pointed out the biggest expenses are a skimobile for $4500 and a double track setter for $3500. Armstrong said he felt he could cut the budget to $5000. Armstrong said he would hire a coach to take care of the development programs and the trails. This person would be hired at a salary of $1500, would coach and teach 20 people. If there are more than 20 people, they would have to hire another person to coach and teach. Pat Dalrymple told Council there are a lot of people interested in this program. They need money to get this off the ground and get coaching fees so that in two or three years the program will be self-supporting. Cross country skiing is a fast growing sport, and they feel that ultimately the cost to the City will be hill in a few years. Armstrong told Council the 10 meter, Take the Money and Run, has pledged $1 from every entrant to be given to the Nordic program. Councilwoman Johnston said she felt this was an excellent program, but would like to give Ms. Butterbaugh a chance to look over the budgets. Mayor Standley said he would like to approve the 1978 budget supplementally so that the program could get under way. Mayor Standley said it would be easy to knock $2100 out of capital off and goo with used equipment; it is absurd to buy new equipment. There will be $1700 in salaries, most of the rest of the budget would be recoverable. Jim Jenson told Council he had participated in the senior program for a couple of years. Over this summer he has been running with the kids after work for the development program. Jenson said it is important to get the winter program worked out now. Regular Meetlng Aspen City council Augus~ z~, l~/~ Councilman Parry moved to approve the program with supplemental appropriation for $4100, make the machine for $2500, and work out the details with City Manager Mahoney; seconded by Councilman Wishart. Ms. Butterbaugh told Council they will end up with about $3000 in their donation budget. The operations should come out of the general fund, which is $4000 under budget. The capital items could come from park dedication fees. Ms. Butterbaugh told Council out of the $4000 there are many things that are not yet allocated. Ms. Butterbaugh told Council she would examine the budgets to see where the money could come from. All in favor, with the exceptiOn of Councilwoman Johnston. Motion carried. FINAL SUBDIVISION - Manor House Richard Grice, planning office, told Council this final subdivision request is for 6 two- Final bedroom, 1 three-bedroom, 1 one-bedroom and one studio units; 9 units with 17 bedrooms. Subdivision Grice said the planning office and engineering reviewed the plats; one thing needs to be Manor House done, the subdivision agreement needs to be drawn up to deal with things committed to in Marty Kahn's February 28, 1978 letter. They have agreed to sell the studio for $40,000 plus the increase based on the national housing cost from June 1, 1978, to the date of sale. The engineering comments are (1) request that there be a change in the description for the Aspen Mountain road easement, and (2) a revision in the easement so that the location coincides with the actual road. There are only six parking places; that is the maximum engineering could work out. Councilman Behrendt asked what the normal requirements for parking are; Grice answered 12. Marty Kahn told Council he understood the only require- ment was not to reduce the number of spaces. The building was in existence prior to the zoning code; they have not increased the bedrooms, nothing has changed and the building has not been enlarged. Tom Dunlop told Council he and the assistant building inspector had measured the square footage, and this building does comply with the window space required. All the other plans have been reviewed and approved. Mayor Standley said he was protesting because of the history as employee housing and it ought to stay in that range. Mayor Standley stated this is a bad precedent to be setting, to be converting units totally out of the range of employees. Mayor Standley listed reasons why a Council could deny subdivision. City Attorney Stock said the Council has to obtain facts at this hearing to see if any of these i reasons apply. Grice told Council there was an error in subdivision fee when collected; the applicant was aware of this. Grice stated the parking does not meet design standards but it is a non-conforming building; it is still non-conforming, ,the bedroom configuration has not changed. Councilman Behrendt said this is an entirely different use of the building and will be a more intense use, and there should be adequate parking. Kahn pointed out this area is zoned L-2 and should only be short-term renting. The applicant has given a studio unit for employee housing, which is not required under the Code. Councilwoman Johnston pointed out Council has historically opposed anything which displaces tenants, and Ordinance #53 was based on that. Stock said this issue was addressed at the conceptual level. By receiving approval at that level, a decision was made they were not displacing tenants. The applicants relied on that decision. Councilman Behrendt moved to approve final subdivision; seconded by Councilman Parry. Councilman Wishart stated the majority of Council is against this, but they feel legally bound. The list of things Council can vote against does not apply. Kahn stated they have been working on this for 14 months and have done everything that was required of them. All in favor, with the exCeption of Councilwoman Johnston and Mayor Standley. Motion carried. Councilman Wishart moved to include in the previous motion the two conditions from the planning office memorandum; seconded by Councilman Behrendt. All in favor, motion carried~ ~ RESOLUTION #14, SERIES OF 1978 - Expansion of the Mall il Mayor Standley reminded Council they had asked for.two questions to be put together for Res. 14, 197~! Expansion ii the November ballot, the mall expansion and parking as it relates to the mall. Mayor of Mall i~ Standley asked if this is mainly a show of opinion on the part of the citizens, could this be opened up to the entire County. Stock said the City does not have the authority to do this; they would have to ask the County. Stock said this question on the ballot i will not have any legal affect if there is a 51 per cent or greater objection by the adjacent property owners of the mall area. Stock said if this happens, the City could end up having to go back to a vote again. ~ Councilman Behrendt moved to read Resolution 914, Series of 1978; seconded by Councilman ~ Wishart. All in favor, motion carried. RESOLUTION #14 (Series of 1978) WHEREAS, the City Council of Aspen desires to submit the question of the Aspen Pedestrian Mall on a portion of Galena Street and Cooper Avenue to the electorate in the form of a referendum to be held at the November 7, 1978, general election, and WHEREAS, formal action is necessary to play this issue on the ballot, NOW, THEP~EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the General Election to be held in the City of Aspen, Colorado, on Tuesday, the 7th day of November, 1978, there shall be submitted to a vote of the qualified, registered electors of the City, the following question as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election: FORM OF QUESTION "VOTE FOR ONLY ONE OF THE FOLLOWING,' 1. The City of Aspen shall extend the Aspen Pedestrian Mall to include a portion of Galena Street lying between Cooper and Hyman Avenues, a portion of Cooper Street lying between Galena and Hunter Streets and the intersection of Galena Street and Cooper Avenue 2. The City of Aspen shall not extend the Aspen Pedestrian Mall. Section 2. Those qualified, registered electors of the City who are q~alified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed question. Section 3 The election on the proposed question will be held at the designated polling places within the newly established voting precincts between the hours of 7 a.m. and 7 p.m. on Tuesday, November 7, 1978, in the City of Aspen. Section 4 The election of the proposed question shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provisions of registration of electors and for voting by absentee ballot on the question of the proposed question shall be in accordance with the Colorado Municipal Election law. Section 6 The votes at said election shall be registered on voting machines and the ballot label shall read similarly to the form of question provided in Sec. 1 Section 7 The election on the question of the proposed extension of the Aspen Pedestrian Mall shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as n~arly as may be provided by law for the return, canvass and declaration of the result of votes cast at the general election of municipal officers of the City of Aspen. Section 8 The notice of the election on the proposed extension of the Aspen Pedes- trian Mall shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place within the City, at least (ten) 10 days before the election. The City Clerk is hereby charged with the duty of giving such notice containing such information as is required by law. Adopted this 28th day of August 1978. Councilwoman Johnston moved to adopt Resolution #14, Series of 1978; seconded by Council- man Van Ness. All in favor, motion carried. RESOLUTION #15, SERIES OF 1978 Mayor Standley said this deals with the whole question of parking; does the Council want Res. 15, 1978 to put this up as an issue, and the way it is worded should be, "shall not necessarily ~Off-street provide off-streat parking." Councilman Van Ness asked if the Council wanted to tie the i parking question vote on additional off-street parking to approval of the mall. Councilman Wishart said he~°n ballOt felt tying the parking specifically yes or nolon the mall is a planning option. City Attorney Stock told Council he had written this as the issue of parking was only to be decided if the extension of the mall was granted. This was done to obtain votes for the mall. Stock said he had no objections to clarifications or deletions. Council decided to~ have Resolution ~15 read a for or against on question #1 and strike question #2. Councilman Wishart moved to read Resolution #15, Series of 1978, as amended striking Section 2 and modifying Section 1 to read "for" or "against'!; seconded by Councilman Van Ness. All in favor, motion carried. RESOLUTION #15 (Series of 1978) WHEREAS, the City Council of Aspen desires to submit the question of off- street parking to the electorate in the form of a referendum to be held at the November 7, 1978, general election, and WHEREAS, formal action is necessary to place this issue on the ballot, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the General Election to be ehld in the City of Aspen, Colorado, on Tuesday, the 7th day of November 1978, there shall be submitted to a vote of the qualified, registered electors of the City, the following question as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election: FORM OF QUESTION "VOTE FOR ONLY ONE OF THE FOLLOWING" If an extension to the ASpen Pedestrian Mall is approved, the City of Aspen shall provide additional off-street parking in the downtown area. 1. For 2. Against Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed question. Section 3 The election on the proposed question will be held at the designated polling places within the newly established voting precincts between the hours of 7 a.m. and 7 p.m. on Tuesday, November 7, 1978, in the City of Aspen, Colorado. Section4 The election of the proposed question shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provisions of registration of electors and for voting by absentee ball~t on the question of the proposed question shall be in accordance with the Colorado Municipal Election law. Section 6 The votes at said election shall be registered on voting machines and the ballot label shall read similarly to the form of question provided in Sections 1 and 2. Section7 The election on the question of the proposed off-street parking shall be held and conducted~ and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and declaration of the result of votes cast at the general election of municipal offiers of the City of Aspen. Section 8 The notice of the election on the proposed off-street parking shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place within the City, at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice containing such information as is required by law. Adopted this 28th day of August 1978. Councilman Behrendt moved to adopt Resolution ~15, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. Council decided to modify Resolution ~14 as to form so that it reads the same way, a vote "for" or'%gainst". Councilman Behrendt moved to amend Resolution #14, Series of 1978, as stated as to form; seconded by Councilman Van Ness. All in favor, motion carried. CITy MANAGER 1~ Snow Uumping, City Manager Mahoney told Council he had worked out all the necessary arrangements with the Sanitation District to allow the City to dump snow in the District's snow D~pingil yard, Tom Dunlop got statements from the necessary ecological groups. The City will at Sanitatio~i enter into a contract with the District to allow necessary snow dumping; this will help District greatly with the budget and lower the cost. 2. Advance Ski Pass to Employees. Mahoney said he would like to advance employees money to pick up their host passes as has been done in previous years. Ms. Butterbaugh told Ski Pass Council there is no problems in getting the refund back to the City. The City has had advance to no defaults and this has not been a problem. employees Councilwoman Johnston moved to approve the advance of money for a host pass; seconded by Councilman Behrendt. Councilwoman Johnston said she would like the City to urge the Ski Corp to issue bussess ~passes that employees could sign up to use, and suggested this as a possibility in negotiations. All in favor, motion carried. ORDINANCE 930, SERIES OF 1978 - H, historic Designation of the Eagle's building Councilman Parry moved to read Ordinance #30, Series of 1978; seconded by Councilman Ord. 30, 197~i Behrendt. City~Attornsy Stock pointed out that approval by the Planning and Zoning H designatio~i Commission had to be deleted as it is no longer necessary. All in favor, motion carried. of Eagle's building ORDINANCE #30 (Series of 1978) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE EAGLE'S BUILDING CONSISTING OF THE NORTHERLY 32 FEET OF LOTS K AND L AND THE NORTHERLY 30 FEET OF LOT M IN BLOCK 95, ORIGINAL ASPEN TOWNSITE was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #30, Series of 1978, on first reading as amended; seconded by Councilman Parry. Roll call bote; Councilmembers Behrendt, aye; Johnston, aye; Wishart, aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~31, SERIES OF 1978 - Amending Sec. 5-45, Notice to Owner Provision Humane Officer Janie Gerber told Council they would save about $2,000 annually if they Ord. 31, 19781i delete this portion of notice to owners of dogs. Ms. Gerber pointed out they are not Animal dropping the notice provision in general. Stock told Council this ordinance stated the Notice animal wardens will make "reasonable efforts" to notify the owner. provision amendment Councilwoman Johnston moved to read Ordinance #31, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #31 (Series of 1978) AN ORDINANCE AMENDING SECTION 5-45 OF THE ASPEN MUNICIPAL CODE DELETING THE PROVISION WHICH REQUIRES THE MAILING OF A NOTICE OF IMPOUNDMENT TO THE OWNER OF ANY LICENSED DOG was read by the city clerk Councilman Parry moved to adopt on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Johnston, aye; Wishart, aye; Parry, aye; Van Ness, aye; Behrendtl, aye; Mayor Standley, aye. Motion carried. ORDINANCE #32, SERIES OF 1978 - Creating a Temporary Moratorium City Attorney Stock told Council he had drafted an emergency ordinance, in which he had not placed any deadline in Section 1. The extent of the moratorium will be up to Council'is consideration. In Section 1 also there is a extension of not to exceed three months if Council is unable to complete the required public hearings. Stock had outlined there are two current applications because of their position, have obtained a vested right to be heard. There are five Stock stated he did not believe had reached that level, and the moratorium could apply to. Section 2 of the presented ordinance has a scope which does not have the moratoriu~ apply to these five applications for subdivision exemption. Stock recommends the adoption of the ordinance as recomnlended, and to allow the attorneys to present their case for the subdivision exemptions to be exempt from this moratorium. Councilman Parry suggested there has been no definition for low and moderate income hous- ing, and it would be better to put a price on this so that applicants not in this categor~i would not be held up. Stock said the provisions Of Ordinance #53 define what is employee housing and explains what removal of that is from the market; the ordinance also puts control on removal of employee housing. The Council will review these items, define what is or is not the removal of employee housing from the market, define employee housing. Stock told Council that the Constitution requires that there be a rational basis for the division of people into two different classes. Councilman Van Ness said he felt the reason for redoing Ordinance #53 was as it applies to condominiumization or subdivision of land to be used for condominiumization. Council- man Van Ness said he did not see a connection between vacant land just for subdivision andl the housing problem. Mayor Standley pointed out one of the recommendations may be that on all subdivisions of land x-percent should be appropriate for multi-family housing. Councilman Van Ness argued that a person with two lots and wants to sell one cannot put multi-family on that one lot. Mayor Standley said this should be left in and let P & Z and planning office evaluate this as a possibility. Ms. Smith reminded Council the issue is more who is living in the duplex or structure, and who will be displaced. Ms. Smith went over the schedule; the earliest the planning office could report would be September 25 with the report on housing data. If Council gave a clear direction for legislation, this could be read for first reading October 9; the public hearing~uld be first meeting in November 13th. Councilman Wishart said he did not feel three months was an inordinate amount of time to wait for this process. Councilman Van Ness said he felt the Council was sweeping people into the moratorium that cannot have any connection with the housing problem. Mayor Standley said people come in for subdivision exemption with an outstanding contract based on their ability to go through a shortened process of the City Council. Stock told Council there are currently five applications which could be legally bound by the moratorium. The ordinance was drafted so as not to apply the moratorium to them. Mayor Standley suggested exempting them from the moratorium but require them to go throughll full subdivision, which takes about four months. Mayor Standley pointed out the Council has no idea what they Will come up with for this housing policy or what will be required from subdivision and subdivision exemption. Councilwoman Johnston agreed Council has to wait and see what comes out of the revision of Ordinance #53 before anyone is exempted. The majority of Council said they would like to exempt the five pending applications from the moratorium. Councilman Van Ness said he would like to limit the moratorium to condominiums and land to be used for condominiums. Councilman Van Ness stated he did not foresee the solution to the housing problem being on two lot split. Council said they would like to see the emsrgency clause striken and Section 4 to be rewritten as normal and have this ordinance apply only to condominiumization and subdivision of land to be used for condominiumization. Council decided the moratorium should not extend beyond December 1, 1978, and that the extension shall not exceed six weeks. The phrase, "mora- torium on the subdivision of property and the approval of subdivision exemptions for the purpos~ of condominiumization" was added to the ordinance. Councilman Wishart moved to read Ordinance #32, Series of 1978, as amended with the above phrase, deletion of emergency clause, and deadline date of December 1st with a six week extension; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE #32 (Series of 1978) AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBDIVISION OF PROPERTY AND THE APPROVAL OF SUBDIVISION EXCEPTIONS FOR THE PURPOSE OF CONDOMINIUMIZATION was read by the city clerk Councilwoman Johnston moved to read Ordinance #32, Series of 1978; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Van Ness, aye; Behrendt, aye; Johnston, aye; Parry, nay; Mayor Standley, aye.~ ~Motion carried. 2465 Regular Meeting Aspen City Council August 28, 1978 AMENDING EMPLOYMENT CONTRACT City Attorney Stock explained to Council his contract provided for a season golf pass at Amending Attorney's Snowmass for $250, It is too late in the season to purchase this item. There is also C~ntract a provision for a S250 host pass. Stock said he would like to have the money for the gol~ pass changed so that he could purchase two host passes. Councilwoman Johnston moved to approve the request; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to adjourn at 8:10 p.m.; seconded by Councilman Wishart. All in favor, motion carried. Kathryn~ Koch, City Clerk