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HomeMy WebLinkAboutminutes.council.19780626~egu±ar ~ee~lng Aspen ~lty ~ouncl± dune JOINT MEETING WITH COUNTY COMMISSIONERS Joint Meeting WitA Mayor Standley called the meeting to order at 4:10 p.m. with Councilmembers Behrendt, County Parry, Isaac, Van Ness, Commissioners Child, Edwards, and Kinsley present. Also present C~L,t~ssioners were City Attorney Nuttall, County Attorney Stuller, City Manaqer Mahoney and County Manager Ochs. 1. Open Space Advisory Board Appointments. Mayor Standley told the Boards that the Pitkin County Parks Association has not come up with any other recommendations and have not even discussed it. Evidently they are not willing to work with the government. Open SpaceAdvisory Karen Smith, planning director, passed out a proposed amendment to the Open Space Agree- Board Appointments ment. This will deal with the fact that the planning office did not get more than five nominations. The amendment will allow for a 10 member board; five members from the PCPA and five from the general public. Only five members will be voting members, two from the PCPA and three from the general public. The other three members from PCPA will be alter- nates and two from the public will be alternates. Ms. Smith said she felt this was more in spirit with the original intent of the agreement. The nominations are; from PCPA Raymond Auger, Fritz Benedict, Jon Mulford, Ford Schumann and Gus Hallam; from the general public Marcia Corbin, Janine Sharkey, Rich Head, Jim Breasted, Dick Hansen, Bill Kane, George Stranahan, Dottle Fox and Bill Pederson. Ms. Smith said that Stranahan would be a logical pick for down valley representation. Ford Schumann is the AVIA representative nominated by the PCPA. Commissioner Kinsley moved to adopt the amendment to the Open Space Agreement; seconded by Councilman Isaac. All in favor, motion carried. Council and Commmissioners voted; these were tallied by the planning department. The regular members from PCPA are Jon Mulford and Ford Schumann; alternates are Raymond Auger, Fritz Benedict, and Gus Hallam. General public members are Bill Kane, George Stranahan, and Bill Pederson; alternates are Marsha Corbin and Jim Breasted. 2. Greenway Implementation Plan. City Manager Mahoney told the Boards that originally Councilman Behrendt asked that the City and County get together and look at the Roaring Greenway Implemen- Fork to see if there were ways to increase the fish habitat and the appearance of the tation Plan river. From that point, Councilman Behrendt, Commissioner Kinsley, George Ochs, people from Fish and Game and kayakers interested"looked at the Roaring Pork to see what could be done to make the river more compatible with people using it. City Manager Mahoney said he had done some preliminary sketching and it looks like five or six major features to do what they want to do. Mahoney said he had no:idea what this will cost. Mahoney said they could one feature at the lower end, near the Rio Grande trestle, to see how this works. This feature consists of running a diversion dike out, building a pond, putting some rocks in to get a pooling effect. Mahoney said this item was to get an opinion. Commissioner Kinsley pointed out this project has several purposes¥ to diversify the aquatic habitat, and to make the area more interesting for fishermen, tubers, and kayakers. This would consist of putting large boulders in the river, creating. eddies, pulling some debris out of the river, drawing unnatural fill out of the river. Two more substantial elements would be at the Creektree area and the Rio Grande bridge trail area to build up a natural looking riprap dam. This would raise the level of the water behind it and provide ponding area for swimming and narrow the stream for tubers. Ochs said he was having a County intern take the preliminary sketches and do a plan. It may be better for the Boards to wait until they can see these plans. Kinsley said they also planned to lower the low flow stream channel so that there is some ponding and move- ment of the stream when it is at its lowest. Councilman Behrendt said for years people have turned their back on this part of the river, and it is not a healthy place. If this project can be done without a substantial outlay of money, he would like to do it. Ochs said it might be important to have some professional people look at this to see if there would be any adverse affects. 3. Independence Pass - Closure to multi-axle vehicles. Mayor Standley reminded the Boards that for years the City and County had asked the State to close Independence Pass to big Independence Pass rigs and camper trailers. They have not been willing to do anything about this. Mayor Standley said he had had lunch with some State patrolmen, and they agreed this was a problem on Independence Pass. Mayor Standley suggested that as a joint body they might get the state to look at this as a trial closure to compare with the past history. Mayor Standley said this would have a weight and length requirement. Commissioner Child stated that several years ago the County P & Z discussed this problem and passed a recommendation to the Commissioners that vehicles over a certain length be panned from the pass. Commissioner Child said he supports the itdea. Mayor Standley said that Curt Stewart, transportation planner, can find out who has the responsibility and go after this. The Boards decided to have County Attorney Stuller and Stewart inves- tigate the statutes so that they know what the highway department can and cannot do. If the highway department does have the authority to limit size and weight of vehicles, the joint boards can make a formal request to do it. Councilman Behrendt moved to have Ms. Stuller and Stewart do the investigation and report back to the boards; seconded by Commissioner Child. All in favor, motion carried. 4. North Star Ranch Inventory. Councilman Parry moved to add this item to the ~genda; seconded by Councilman Isaac. All in favor, motion carried. NorthStar Ranch Inventory Bob Lewis told the Boards he had been engaged by the County in November to do an environ- mental assessment of the portion of the ranch the County is considering purchasing for fund raising purposes. Lewis held two public hearings and developed a draft management plan. At the second public hearing, people came to the conclusion that before this continued any further, Lewis should do environmental resource work with Tom and Jody Cardamone and Mark Fuller. There is large mammal and small mammal survey, bird survey, Regular vegetation and insects survey. Lewis illustrated on a map the various areas of study. Steve Berwick told the Boards they were looking at the problems of over-browsing, elk hurds, hunter access. Mark Fuller pointed out other aspects are the Cardamones teaching classes which will be held on this property; this will take care of their responsibilities as far as the inventory and will demonstrate how much education value there is in this area. Fulter said they will also study the affects of kayaking through this property. George Ochs said as far as the purchase, this is owned by Nature Conservancy. The County is waiting for another meeting with Nature Conservancy and for Mahoney to work out a capital improvements program for the City. The County has a proposal to pay 1/3 in November this year and 1/3 in the remaining two years. The proposal is for the County to pay 100 per cent this year; the City 100 per cent in 1979, and split 50/50 the last year. Mayor Standley questioned the joint funded agreement for the dump. Ochs said the contract did not raise individual fees; it is a contract with the operator. The County had allowed enough money to give an increase, and this is within the budgeted amount. COUNCIL MEETING MINUTES There were no minutes submitted ACCOUNTS PAYABLE Councilman Parry moved to approve the accounts payable; seconded by Councilman Behrendt. All in favor, motion carried. POn S~ock, City Attorney Mayor Standley introduced Ron Stock, the new city attorney, who has been an attorney in Sterling. Stock has an excellent municipal background. He will be joining the City officially July 20. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS Councilman Wishart entered the Council meeting. Housing 1. Councilman Isaac said he would like to set a meeting as housing authority with Mark Authority Danielson. This was scheduled for Tuesday, July 11 at 7:90. Councilman Isaac said the Council needs to come up with some guidelines to help along Ordinance ~53. %~, Fireworks 2. Councilman Van Ness asked how the City stood on fireworks. Mahoney told Council he had heard they were ordered, and that the fire department will shoot them off. Budget 3. Mayor Standley reminded Council they had discussed last year of starting the budget m~etings early. Council should get a schedule for preliminary budgeting to discuss their concerns. The audit will be presented at the next meeting. There was a slow down because the City asked for consolidated statements. 4. Mayor Standley stated in the continuing campaign against litter, the newspaper con- tainers are one of the biggest eyesores. There are probably 200 places one can buy Newspaper racks newspapers indoors. Councilman Parry asked City Attorney Nuttall to research this. Councilman Behrendt encouraged this and would like to see something down. DROSTE WATER AGREEMENT John Musick told Council the purpose of this contract with Droste is to acquire necessary water rights to Hunter Creek treatment plant. Musick stated the treatment plant has Water Agreement adequate water for most of the year. When Hunter Creek dries up, there will be inadequate Droste water. Basically, this is August and September. Musick reminded Council when the Hunter Creek flume was approved, Council directed him to bring back contracts for acquisition of water rights. Droste has about 30 acres on top of Red Mountain below the ditch. He desires subdivision and approached the City for water extension and the County for the right to subdivide into six units. This contract provides the City with acquisition of 1/2 cfs of Red Mountain priority #90. There also is a junior priority of 1.33 cfs. The balance of the priority ~90 is owned by other water users that have rights out of Red Mountain ditch. In 1976 when the Aspen Club subdivision was approved, the City acquired water rights off that property and right of first refusal to purchase water rights from Benedict on Hunter Creek. Musick is still recommending continued negotiations with Benedict on that. This contract provides for the transfer of 1/2 cfs and 1.33 cfs to the City. This is more than adequate to satisfy dedication requirements; they would only be approximately .08 cfs. Musick told Council the City still has to acquire some additional water out of priority ~90. The City will be paying $25,000 as additional consideration for the transfer of water rights in addition to the dedication requirements and agreeing to extend utility services to the property when and if the County approves the subdivision. Droste will pay the. PIP and charges and will install a line for 6 units and 15 additional. There are other water users presently in that area that are serving themselves. In the future, the City would be capable of providing service to those customers. Musick pointed out there is a rebate provision in the contract which provides for reimbursement of 50 per cent of Droste's actual costs. Musick stated there is an additional provision for revenue to the City. The City will be permitting him to use water for lrrigiation to foster green belt unless and until the priority of the treatment plant is out of the priority. Droste will be paying $20 per acre per year; that is in addition to the actual costs. Musick said he would like a balanced system with balanced source of supply from all the rivers in the Aspen area. The City is placing a lot on Castle and Maroon creeks. Musick told Council that Hunter Creek is high in softeners and tends to soften out the total water. Mayor Standley said paragraph 4 on page 5 relates to what the City shall do to prepare a file to change the use. Musick had said the water rights were worth $100,000; on the other hand, if the City deesn't get a change of use - what are they really worth. Also the paragraphy 7, if Droste cannot get the approval by June 1980, he has option of declar- ing contract null and void. The City may have expended considerable money and time going through the process of changing the rights only to find out the City does not have the water. In changing the rights, it is stated the City will pay his expenses in being party to changing the right. Mayor Standley said he felt this was a one-way contract. Musick said the City may decide not to file the application for change in water rights, if it is the judgement of staff and Council that the approval will not be forthcoming. If by 1980 there is no approval, the City has to consider other alternatives. It is not incumbent upon the City to file the change as a result of signing the contract. Musick said the City is attempting to acquire water rights without condemnation. Musick pointed out that Council's decision was not to have competitive water systems in the valley. Droste has said if he does not get this water extension, he will install wells and his own system. Musick stated these wells could cause disadvantageS to the City's system. County Attorney Stuller asked Musick if it were a possibility the Commissioners might approve the subdivision but oppose the change of use because of the minimum stream flow. Musick said yes. Ms. Stuller asked what the possibility was of Droste getting six lot subdivision by 1980 within the growth management allocations. Musick said he did not know but the filing of the change of use would be up to the planning staff on whether this would be feasible. Mayor Standley asked what the situation would be if the City filed a change of water rights use, Droste did not secure the necessary approvals, wanted to declare the contract null and void; (1) what would that action be on fact water rights had been changed and (2) would the money and time the City invested be of value if the City subsequently took the water rights by condemnation. Musick said that possibility was presumed in the contract. If the City files a change in water rights, secures the change, Droste's participation in the prOceeding would be a waiver by him of any right where he could sue the city for slander of title. If the transfer was approved and the subdivision disapproved, the City would have to proceed with condemnation or negotiations. If Droste decided he would not sell or the City decided to condemn or negotiate, Droste would then be compen- sated for his fair market value; the City wbuld have the transfer as previously approved and all investment by the City would be saved. This is a water right the City has to acquire one way or another. Musick said there would have to be a restriction on the use of water as such times as minimum flow became a consideration of both the City and County.: Mayor Standley pointed out that (1) the 1980 figure out to be computed by Karen Smith as to whether it is realistic and (2) if it doesn't occur, all the effort the City has put into this, paragraph 4 should include that in the event this does not take plaCe, the approval of subdivision, and Mr. Droste wants out of the agreement, he must then reimbursei the City for the expenses the City has already paid to him in procuring the change of water rights. Mayor Standley said if the City is taking this on total risk to spend the money processing the water right, paying for expenses necessary, and Droste has a right to walk away from the agreement, it seems that the City ought to have the right to reim- bursement for the investment the City has made. Musick stated the Hunter Creek treatment plant will have to operate in August and September save when minimum flows dictate the plant should be shut down. During those period of times, the City will have to have the water for it. Mayor Standley said the Council could approve Ordinance #21, Series of 1978, on first reading and have Musick negotiate the changes Council is talking about and not approve the contract until second reading. Councilman Isaac said he would not like to have the City in the position of encouraging the County to okay this development just so that the City can keep with water. Mayor Standley requested that Musick work out the requests of time frame problem with the growth management plan and the process and reimbursement for the City's investments. VENDING CONTRACT RENEWAL - Peppermint Patti Vending Contract Peppermint Councilman Behrendt moved to approve the renewal of this contract; seconded by Councilman Patti Isaac. All in favor, motion carried. SPECIAL EVENT PERMITS Special Event Permit -Aspen 1. Aspen Historical Society. Councilman Behrendt moved to approve the permit to the Historical Historical Society for July 16 from noon to 6 p.m.; seconded by Councilman Parry. All in Society favor, motion carried. 2. Rugby Players. Billy Torab told Council they would like to renew their 3.2 beer permitsS ia~ Event for Wagner Park and Rio Grande playing field. They are requesting 8 permits. Councilman ppe~.- Behrendt asked if these are rescindable. Mayor Standley said these would be on a trial emit - Rugby time by time basis, and Council could revoke them. Players Councilman Behrendt moved to approve the special event permits with that conditions; seconded by Councilman Van Ness. Councilman Isaac asked about the clean up. Tomb said the Rugby players have policed Wagner Park after all the games. Tomb said he did not think there had been any problems. All-in favor, motion carried. Tomb told Council that July 15, the Rugby Club will have a benefit game in Glenwood for retarded children, and he asked for Council's support. Councilman Behrendt moved to have Mayor Standley write a letter to that affect; seconded by Councilman Parry. All in favor, motion carried. Aspen Clty Council June 26, 1978 Space in Wheeler SPACE IN WHEELER OPERA HOUSE i~. Opera House Jeri Fox, Chamber of Commerce, told Council there is a vacant office on the second floor, and ask if Council would consider letting the Chamber use that office. The Chamber would use this space for mailing operation. Councilman Wishart suggested advertising this space ~ to see if anyone else were interested. Council agreed to advertise and put this on the next agenda. Golf Course GOLF COURSE BONDING Bonding Don Diones, Kirchener-Moore, gave Council several sheets of figures for payment schedules on the golf course bonds, the existing sales tax revenue bonds, and refinancing all the bonds together. Diones suggested to Council that they combine the golf course bonds and sales tax bonds. Finance Director, Lois Butterbaugh, reminded Council when the looked a~ the revenue figures, they were satisfied the revenues would more than offset the bond payments; the present operatin costs were included in the figures. Ms. Butterbaugh showed Council ~he actual outlay from the 6th and 7th penny bonds in the next 10 years. As it is, the City will be really pinched for money from the 6th and 7th pennies. In refinancing these, the City will be spreading the debt services for 4 or 5 years. Councilman Isaac moved to draft an ordinance to finance these bonds issues; seconded by Councilman Parry. All in favor, motion carried. SCULPTURE CONTEST RECOMMENDATIONS Sculpture Contest Mayor Standley told Council the Committee recommendations were to purchase two pieces, Re~dations Emergin Nymph and Four-Lane Ajax, which comes to $6800 purchase recommendation. Mayor Standley pointed out the Council had earmarked funds for a fountain sculpture. The dec~slon of the committee is that $5,000 isn't enough for a fountain sculpture. They would like this figure ~ncreased to $15,000. Andy Stone, a judge on the committee, told Council the committee felt the fountain should have a functional purpose ~n terms of terminating the mall. They could not buy something of this scale for $5,000. Mayor Standley said the Mall Commission seemed to be fairly negative about the whole thing. Last year the City purchased three sculptures and two of them did not end up in the mall. Stone pointed out the Mall Commission felt the judges had made a bad decision, and in their aesthetic judgement, they did not care ~or Emerging Nymph. They did not like it; they did not want to buy it, and if Council did buy it, they wanted it put somewhere other than the mall. ~ ' Councilman Behrendt moved the City go ahead and purchase Four-land Ajax for $350. Motion dies for lack of a second. Mayor Standley pointed out the Mall Commission is a recommend- · ng body to Council. ~'~ Nick deWolfe stated that if this year the Council does not accept the judges recommendations then the valley sculptors will not turn in pieces next year. Mayor Standley stated the judges were selected, given criteria, and made judgements on the criteria. Mayor Standley said he like both of the pieces, and felt he had an emotional responsibility to follow their judgements. Councilman Van Ness moved the City buy both of the recommended pieces; seconded by Council- man Parry. Councilman Behrendt said the City has a lot of parks, and they cannot put everything in the mall, and suggested putting sculptures in the parks. Mayor Standley pointed out these are purchased out of the mall money. If Council wants sculptures in the parks, the ~. money has to come from the parks fund. All in favor, motion carried. FOUNTAIN AT MILL AND HYMAN MALL Fountain At Travis Fulton explained they would like to install a visual wall of water at the conjunc- Mill and Hyman tion of Mill and Hyman. There is a 25 foot grate set in the mall between two lamp posts, Mall which is 7 feet deep. The water would go from 2 inches to 10 feet high. In order to facilitate this there would be a pipe 22 by 18 inches fed from the center by a large pipe and perhaps 2 or 3 pumps and filter system with a constant City water input, perhaps from the flowing streams in the mall. Fulton stated they have to create a public-proof fountain, where nobody can get at the works. Nothing visible sticks up above the mall level. When the fountain is running, it is a wall of water up and down done through a computer system. When it is not functioning, it does not exist. It is not an eyesore. The fountain will need a pump and filter system, pressure regulators, slip clutch, plates, 2,000 gallons of water a minute at 20 pounds of pressure. Fulton pointed out tha~ trucks and other emergency vehicles have to be able to drive across the grate, so Fulto~ proposes a series of electric eyes that when someone passes them, the fountain immediately shuts off. Councilman Behrendt asked why this location was chosen over others in the mall. Fulton said this grate was the right size, the others are too small. Councilman Behrendt asked who would do the engineering. Fulton said he and DeWolfe would. Fulton stated the requirements of the fountain are it would be designed to be maintained by City without difficulty; one would be able to drive and walk over it; everything is easily removable in winter. The needs of the fountain are water input by the City, and exit for this water; electricity. Nick deWolfe reiterated they were most anxious to make this water proof. The heart of this idea is the computer revolution; they can now afford to make a sophisticated control system, deWolfe stated they were hoping to build this for between $10,000 to $20,000. deWolfe proposes to put up half the money if the City will put up the other half, and does not propose to spend more than S20,000 total for this project, deWolfe said they did not want this fountain to compete or be part of the fountain at Hyman and Galena. Regular Meeting Aspen City Councl± dune zb, ±~/u deWolfe said an important concept is to keep the pressure and power behind this to an absolute minimum. This will be done by putting the pump right in the fountain~ this will enable the valves to last longer. The fountain will need 2,000 gallons of water a minute and the water will be recirculated, deWolfe said they would both like to be paid $10 an hour and would like to report to the City Manager. Fulton told Council if there were a gust of wind, there are wind velocity control gauges that shut off the pumps. City Manager Mahoney said the City had quite a lot of ability to put in-kind into this rather than cash. The City has a high pressure pump and motor, and Mahoney could talk to MarkalUnas about equipment and the water. Mayor Standley pointed out there is $3500 already in the budget, not used for mall sculptures. Councilman Wishart said visually he thought it would be nice, but it was located in the wrong place. This would turn the mall into a side show experience. Mayor Standley said he felt this would break up the noise of traffic on the corner. Councilman Behrendt moved to table this item until the next meeting so that the Council ca~ get more information; the information was not in the packet; seconded by Councilman Isaac with the condition of getting a budget paper from Mahoney to see how the City can help lower the costs. All in favor, with the exception of Councilman Wishart. Motion carried. Councilman Behrendt said he would like to see the eingeering tightened up. LIQUOR BOARD LICENSING RECOMMENDATION Liquor Board Mayor Standley reminded Council that a group had been formed to come to grips with the Licensing analysis of licensing and liquor establishment in the City. Tom Iacono, Grog Sh~p, told iRecc~endati°n this committee has received information from Distilled Spirits Corporation of the U.S. on what all the states do about their resorts licenses, or licensing in general. The group has also contacted Colorado University business department to see if they would be inter- ested in taking on this project and come up with statistics and criteria relating to licenses and population of Aspen. Iacono said right now people are getting licenses based on the need fOr four month a year. The group would like the license not just to take care of the community during the high season. APPLICATION FOR BEER, WINE AND LIQUOR LICENSE - Sgt. Pepper's Application for Beer Mayor Standley opened the public hearing. City Clerk told Council the posting, publication Wine and Liquor and file were in order. License Bill Jordan, representing Sgt. Pepper's, introduced Council to Lee Mogul, who is 100 per cent stock holder in Cheaspeake/Aspen. Sgt. Pepper's will be located in the old Magic Pan location on Cooper Avenue. Jordan pointed out that the Magic Pan had a liquor license for seven years. Mogul is a resident of Snowmass and owner of a restaurant in Washington D.C. Mogul has put together a first class restaurant, and hired a head chef with 16 years of experience. Mogul anticipates hiring 50 local people; the restaurant will be open for breakfast, lunch and dinner. They will have a continental type menu and the atmosphere will be Victorian. Mogul estimates 70 per cent of the gross will be from food~. Jordan submitted for the record petitions with 565 signatures. Jordan told Council the most recent estimates of the planning office indicate the population of the City of Aspen to be 6300, up from 6100 the prior year. In 1976-77 there were 566,000 skier visits; in 1977-78 there were 1,300,000 skier visits. The Chamber of Commerce ~ays there are 14,000 tourists beds in the Aspen-Snowmass area. There are presently 44 three-way licenses; in 1976 there were 45 three-way licenses. The only license issued in 1978 is the Aspen Club, which is to be converted to a club licenses as soon as possible. Jordan stated that Mogul has put together a first class staff and first class restaurant and requests issuance of a new license. Jordan showed Council the floor plans and the menu, which will be a full service restaurant. Mogul stated the hours are 11 a.m. to 2 p.m, and they will be serving food the whole time. Councilman Behrendt stated until he heard a report from the liquor license committee, he did not want to approve any three-way licenses. City Attorney Nuttall reminded Council they could condition licenses on operating in the manner in which they were represented at Council hearing. Jordan stated he felt the market place would determine the restaurants that are going to stay. Councilman Parry said he did not feel there was a time this winter when one did not have to wait 1 or 2 hours in a restaurant. Councilman Behrendt said that is only two months of the year. Councilman Behrendt stated the Council is restricting housing, lodging; he would like to see this report. Councilman Van Ness said this report is on what other resorts are doing to control the liquor industry. It would appear that the City is six months to a year from the report; there is no easy or objectivel solution to this. Councilman Behrendt stated it would appear at this time that the needs of the neighborhood have been met. Councilman Behrendt stated he did not feel the material presented illustrated that the needs had not been met. Councilman Parry stated the City has a chance to have a good restaurant in this location. Councilman Isaac said he had no particular fight against this application; if this operation is what it appears to be,'it will be an asset to town. Mogul said after being in business for 22 years, he had found there are opportunities for cadillacs in the business. Mogul said he wanted a first class operation in Aspen. Mogul said he would be open for business ten months of the year, and may stay open in the off season. Councilman Behrendt pointed out the issue is not the quality of the restaurant but how many licenses serve the community. The point is that Aspen has reached the place where it appears to be saturated. Councilman Van Ness said there are dozens of laws and regulations to correct bad situations; and this would be the way to improve the quality of bars and restaurants. Councilman Isaac said he felt this particular applications had a low impact on the City. Mayor Standley said he had no quarrel with this one, but the Council agreed to have a liquor board investigate and make recommendations. Mayor Standley stated the Council's responsibility is to protect the nature of this community. Mayor Standley said he felt the seating capacity had gone up in the last year. Mayor Standley stated he did not feel the Council was acting in good faith unless they listen to the policy and recommendations of the liquor board. Mayor Standley asked for opponents. There were none. Mayor Standley closed the public hearing. Councilman Wishart moved to approve a three-way license to Sgt. Pepper's as the needs of the neighborhood and desires of inhabitants have not been met; the applicant demonstra-~ ~, ted good financial and moral character, and with the provision the operation is run as they have represented to Council and renewed based on that; seconded by Councilman Parry. ~ ~ All in favor, with the exception of Councilman Behrendt and Mayor Standley. Motion ~ carried. WORDD CHAMPIONSHIP OF PROFESSIONAL SKIING World Champion- ship of George Oates presented a proposal to Council to hold a ski contest here between January Professional 10 to 17. There would be between 400 and 600 contestants held on three slalom courses. Skiing The Board of Directors for this would be Jack Bredlinger, Bob Beattie, Fritz Benedict, Sharon Austin, Stacy Standley, and Rick Head. Oates said this race would be for people who would like to compete. They would have television coverage on a national basis. Oates said he could like the encouragement of the City. Oates told Council he had talked to the Skiing Corporation and they had no objections. Councilman Behrendt said he would like to endorse this but the Council does not know alot about the event. Councilman Behrendt saidhe would hate to put the City's primature on something that turns out to be a boondoggle. Councilman Wishart reminded Council they had a policy of not voting of something they have not seen prior to the meeting. Council- man Wishart said he would like to know more about the television coverage, who the sponsors will be, how it will be run, and also would like comments from Bob Beattie. Councilman Wishart moved to table this two weeks while the City gets more information; seconded by Councilman Parry. All in favor, motion carried. SUBIDIVISION EXEMPTION - Gene Law, Hyman and Cooper Apartments Subdivision Exemption Richard Grice, planning office, told Council this was tabled from the May 22 meeting at the request of Mark Danielson, housing officer. Danielson wanted to check with the list of tenants who had endorsed the application. Danielson has done this and recommends approval with the conditions of right of first refusal and six month minimu~lease. Danielson has obtained an agreement from Gene Law stating there will be no more than 15 per cent increase in rents after the leases run out. Mayor Standley asked Law to comment on the engineer's remarks regarding parking. Law told Council.when the building was built only 4 spaces were required; there are now six. Law said he would be willing to add two to come up to the recommended total of 8. Councilman Behrendt moved to approve the subdivision exemption subject to the comments of the engineer and the planning office; seconded by Councilman Parry. All in favor, motion carried. Mayor Standley said he had requests for three additions to the agenda; all subdivision exemptions, Parry, Wedum-Pardee, and Brownell. Councilman Behrendt moved to add Parry, Wedum-Pardee and Brownell to the agenda; seconded by Councilman Van Ness. All in favor, with the exception of Councilman Isaac because there was no packet material. Motion carried. Subdivision SUBDIVT~Tn~ EXE~T~N - Wedum-Pardee Exemption Wed~-Pardee Karen Smith, planning director, passed out memorandums stating this is a request to condominiumize a duplex Wedum and Pardee have built in Oklahoma Flats in the R-30 PUD zone district. There are no problems from a zoning point of view. Engineer Ellis had some comments regarding the dedication of the road right of way and utility easements. P & Z approved this subject to the engineer's concerns. The applicants had some problems with dedicating the road easements because they would be losing land area to count toward further density on the site. Ellis had agreed to take an easement for the Spring street right of way, with which they would loose no density, but Ellis would like to have the dedication of the right of way on Gibson, which has been a problem. On utility easement, Ellis will accept an easement rather than a dedication. Danielson had commented he would recommend approval, there is no reduction in the supply of low and moderate income housing. Ms. Smith stated with the conditions of the city engineer, the planning office would recommend approval. Pardee stated they were giving up one-third of their property in easements or dedications, about 14,000 square feet. Pardee said they would rather give an easement for the road; they cannot use it then, but they can use it for density calculation. Mayor Standley said! if they wanted to go with the easement rather than dedication, he would like to wait until Ellis could be present. Pardee agreed to the dedication on Gibson. Ms. Smith told Council that simultaneously Wedum-Pardee has applied for a third unit on the site. This has to go through PUD. Ms. Smith showed Council a plat locating the rights-of-way and the units; the road in question for dedication is 30 foot of Gibson. Ms. Smith said that for the third unit and the density reducti0n formula it would appear they do not have enough land area to do the third unit. Pardee pointed out this request is just for condominiumization of the duplex. Councilman Van Ness moved to approve the exemption based on the two easements and the dedication of Gibson street; seconded by Councilman Parry. All in favor, motion carried. Subdivision SUBDIVISION EXEMPTION - Brownell Exemption %'~ Brownell Ms. Smith told Council this application involves three requests; one is exception from full subdivision review prodedures for the.amendment of boundary lines, second is amending PUD plan to delete commen area and to re-allocate it amount the three lots of the subdivi- sion, and third is request to condominiumize the fourplex. Ms. Smith showed Council this on a plat plan; Lot 1 is where Brownell duplex is located, they are not requesting condo- miniumization of this; Lot 2 is where fourplex is located for condominiumization and an exemption request; Lot 3 across Gibson Avenue where another duplex is location. The previous Brownetl PUD showed a common area reserved for parking, in part, for a proposed fourplex on lot 93, which was never built. This area has been waived; the requeS~ is to delete that common area and reallocate portions of it to lot 1 and lot 2. P & Z i~ approved the exemption from full subdivision procedures. P & Z also recOmmended approval il of the PUD amendment to delete common area. Both these require Council's further approval!. P & Z found that the conditions regarding the common area had changed since the original PUD approval, which justified the amendment. P & Z found that the common area did not serve any real purpose for the use and Enjoyment of the residents of the three lots. P & Z recommended subdivision exemption for the condominiumization of the fourplex on lot 2 finding that there would be little or no tenant displacement. This approVal is conditioned upon 90 day right of first refusal and six month minimum lease restriction. Danielson did an analysis of the current renters. The prices offered were approximately $62,000, which Danielson felt was within the range of low and moderate income housing. Councilman Behrendt asked if the common space were dedicated to lot 1,does that give lot 1 right in the future under existing zoning to a triplex. Ms. Smith told Council this is R-15 zone district, you need 15,000 square feet just for the duplex. It is 11,000 and is non-conforming at the present time. No additional density would be permitted. The common area has never been usable open space. Gideon Kaufman told Council that none of the units will be sold for two years. After that only 1 or 2 lots will be sold after that in any one year. Councilman Behrendt moved to approve the PUD amendment reallocating the common area; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to exempt this from the full subdivision procedures; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Behrendt moved to approve subdivision exemption for condominiumization with 90 day right of first refusal and six month minimum'lease; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTION - Parry Subdivision Richard Grice told Council this application is for subdivision exemption for lot 25, West Exemption - Parry Aspen subdivision. The engineering department has no problems. Danielson and P & Z recommended approval subject to the five items on the second page of the application. Councilman Behrendt moved to approve subdivision exemption for Parry Duplex conditioned upon the five stipulations; seconded by Councilman Isaac. All in favor, Councilman Parry abstained. Motion carried. CONCEPTUAL SUBDIVISION - Arrowhead Conceptual Ms. Smith reveiwed this application, which is a conceptual subdivision application for Subdivision - the condominiumization for a fourplex which has not been built. This will be located Arrowhead next to Glory Hole park, and it would take the place of two structures which are there now. Ellis has requested a condition that the plat be amended to show a 22 foot depth for on-site parking to compensate for the fact that perpendicular parking requires a minimum of 24 foot alley and the alley is only 20 feet. The key issue in this application is the matter of employee displacement. Danielson looked.at this, and Albie Kern, representing this application, was to con~act his clients on what they would be willing to do in terms of employee housing. Ms. Smith told Council they had received letters from three of the tenants indiCating it was not their desire to move from the project and they were being displaced. Kern told Council his clients entered into a contract for sale of these units in October 1977. The relevant employee housing ordinance, 953, was not adopted until December 1977. The units there now are a cinder block house of one unit and a frame house of three units Kern told Council his clients intend to tear these down or a possible alternative of moving them. Kern stated the cinder block house could not be moved. Kern's client wants to remove the existing unit and build a four-unit condominium; one to live in, one for a friend, and two to sell. Councilman Behrendt asked for the propoSed size of these units. Ms. Smith told Council they are proposing 9,000 square feet. The lot is 9,000 square feet and the M/F zone depends upon the number of bedrooms you have. They could do nine studios on the site. Ms. Smith pointed out the FAR proposals have not extended to the R/MF zone. Kern told Council his clients will not close on the deal until sometime in July. The leases expired May 1 and June 1, and the seller could not extend the leases beyond the closing date. Kern said he felt this ordinance was a law with a lot of problems. The ordinance was not intended for this situation nor does it cover this situation. The law is talking about existing tenants when there aren't any, and is talking about right of first refusal. Kern told Council he believed this ordinance relates to the change of ownership or existing units, not replacement units. Kern said the present units are in shoddy condition. Danielson told Council the question is whether there is employee displacement. Danielson said because of the types of people that live there, the rents paid, and how many years they've lived there, he had to talke the position this is displacement. Some of the loopholes are that the apPlicant is allowed to replace the units under the GMP for the same number of units without going before COuncil. Danielson suggested as an alternativel that the units be condominiumized at a rate of 1 per year. The applicant could immediate%y put up one; he would be left with three units he could long term lease. Danielson said he could not go with moving the units. Councilman Behrendt pointed out this ordinance is making people kick their tenants out as their leazes come up and displacing them as quickly as possible. This ordinance to protect tenants is resulting in them getting kicked out. Councilman Behrendt said that Danielson's solution would not address the problem of people getting leases pulled. · ~=~ ~,~=~u~l~9 ~spen u~y uouncl± June 26, 1978 Councilman Behrendt said the City should allow the applicant to build what he is zoned to build. The Council should them re-write the law so that it is useful to the tenants. Danielson pointed out there is no time control or rent control. Ms. Smith told Council that one of the proposals the planning office offered was to request at least one of the units be a studio unit specifically reserved for employee housing. Councilman Behrendt moved to approve the conceptual subdivision application conditioned upon increasing the depth of the parking to 22 feet; seconded by Councilman Van Ness. Mayor Standley said he would rather vote against it and take chances to see what the ICity gets than vote in favor and know exactly what they will get. Mayor Standley pointed out people come to town, buy a piece of property, throw the tenants out, and build an expensive~ condominium. There is 65 per cent absentee ownership in Aspen. Councilmembers Parry Ven Ness, Behrendt in favor, Councilmembers Isaac, Wishart and Mayor Standley opposed. Motion NOT carried. SUBDIVISION EXEMPTION - Oliver Richard Grice told Council this is a request for subdivision exemption for a duplex currently Subdivision under construction. There is no tenant displacement. Engineering department~ Danielson Exemption - and P & Z recommend approval. Oliver Councilman Behrendt moved to approve subdivision exemption conditioned upon a six month lease; seconded by Councilman Van Ness. All in favor, motion carried. PUD AMENDMENT - Aspen Club Ms. Smith told Council this is a request to amend the Callahan Subdivision PUD to increase PUD amendment the size of the recreation club at the Aspen Club by 10,000 square feet. The size of the Aspen Club facility is now 42,000 square feet. In addition, the application requests two additional tennis courts, and to change the Benedict residence from a restaurant to a single family residence. This was previously approved to be 9,000 square feet f~r a restaurant. Ms. Smith told Council the planning office had looked at this from increased local membership at a lower fee versus increased impacts. The P & Z recommended approval subject to a traffic control plan and contingent upon the expansion receiving conditional use approval. The recreation club is a conditional use in the RR district. The public hearing will be July 6. The PUD amendment must be based on finding that conditions have changed or there are changes in community policy. The planning office accepts that conditions have changed. The original concept was to draw membership from the surrounding subdivision. The are drawing membership from the whole community. Ms. Smith said the Club is looking at a membership of 1700 with 350 to 400 on-site at one time. Their justification for this is that there will be con- tinued low membership rates for locals. The planning office sees no guarantees of that. The planning office agrees that the change in the Benedict residence to a single family dwelling would result in a net reduction of trips from town. This is more than offset by the traffic that will result from the club expansion. Another concern is the size and massing of the building. A criticism from the planning office is that this facility is actually too big for the site. The initial representation was that this would be medium sized and would compliment the RR zone. This application is a 25 per cent increase in the size of the facility. This building started at 24,000 square feet, went to 38,000, is now 42,000 and will be 52,000 square feet with this expansion. The traffic congestion is a concern also. People drive out there rather than use alterna- tive transportation modes. This issue boils down to community benefit versus land impacts. Ms. Smith told Council if they did approve this, they should incorporate the concerns of the P & Z; transportation, strict parking, control over Ute Avenue, a commitment that no further expansion of the restaurant space within the Club will occur. The engineer has comments about an amended plat showing revised easements. Ashley Anderson, representing the Aspen Club, emphasized the Club has over 90 per cent local membership, which was completely unforeseen. The Club is very crowded right now. They would like to take in more members and keep the rates low. The Club is giving up an approved 4400 square feet from the expansion of the Benedict residence. Anderson showed the proposed expansion on maps, and explained the purpose of expansion is to expand both men's and women's locker rooms, to provide office~space, the western expansion will allow six more racquet ball courts, and they are proposing two more tennis courts. As for the transportation, they will have a parking lot; if a car is not in the lot, it will be towed. Anderson stated he did not feel it was in the best interest for the Aspen Club to run~a transportation system. They are dealing with H. J. Stalf to try to have city transportation run out there every 20 minutes. Anderson said with paid parking, towing, and the bus services, he feels the congestion will lessen. Jim Moran, representing the Benedicts, told Council he was supporting the planning office' recommendation because the expansion goes toward the Benedict property. Moran stated he ~ did not feel an amendment to the PUD of this size should have any less analysis or less information being required than an original PUD application. This is a 10,715 square foot ! addition, plus the 2200 square foot of roof which is not included. The PUD process~involves conceptual, preliminary and final, with very specific requirements as to what information is to be submitted. There should be elevations, landscaping plans, site inspection. Moran pointed out the PUD statutes state that one of the objectives of PUD is to preserve any unique characteristics of the site. Moran showed council the original plats with the foot- print restricted because of topography, a~d the landscaping plans. The net is to add 10,000 square feet, which is as large as the Benedict building next door. Moran said a PUD amendment should have exactly the same kind of information that goes into the original plan. Regular Meeting Aspen City Council June 26, 1978 Moran pointed out the P & Z did not request a site inspection. The original PUD was the result of all the then landowners agreeing what should be done with the land. Moran told Council one of PUD desires is effective use of open space. The addition will use all of the open space on Lot 15. The common space is everything in lot 14 but that taken up by the Benedict residence. If the use is changed to a single family residence, all of the common space will be gone. Moran questioned the need for a recreational facility to expand. Moran said he did not agree with the planning office interpretation that conditions had changed. Any change in PUD, the City is in effect changing the zoning. A change in conditions does not refer to a change which is created by the manor in which the applicant haS operated his property. The local response has been solicited and supported by the developer. Moran pointed out about the guaranteed low rates, this is a private profit making enterprise. The member- ship agreement said members have no voice in the affairs of the club. Moran pointed out the original subdivision agreement requires the developer to provide shuttle service between downtown and the club for one year. Moran said as neighbors, his clients would like to know what the elevations look like, what the berm will look like when denuded of Aspen trees, what justification there is for a tennis court so close to the lot line. Moran said they did not think this application should be approved in its present state. Anderson said he felt this was a delaying tactic. Anderson told Council they had complied with the code on this application. Anderson questioned the objections as the Benedict building is a commercial use. Councilman Wishart agreed he would like to have more infor- mation on a 10,000 square foot addition to a building. Councilman Wishart said he would like to have this go through the same process as PUD. Councilman Wishart said he would like to see the transportation plan working before the Aspen Club expands. Councilman Isaac said he would like to see some physical documentation that the rates will not go up. Councilman Behrendt said he felt this represented a continuing story of gross misrepre- sentation, that almost nothing originally represented in the PUD is as represented. This is not a small and quiet club. This club does not satisfy the problems is has placed on Ute avenue, and has created congestion problems on Highway 82. This is a private outfit under the mantle of a club. Councilman Behrendt asked for a landscaping plan, and the elevations. Councilman Behrendt said he had questions about expanding the club further when the Council had questions about putting it there in the first place. This deserves more than a cursory look by P & Z and the Council. Councilman Behrendt said he would like more information. Councilman Van Ness said Council should have a site-inspection. Councilman Isaac moved to table this item until the concerns of the Council have been addressed; seconded by Councilman Behrendt. All in favor, motion carried. A site inspection was scheduled before the next meeting. BUS DESIGN APPROVAL H. J. Stalf told Council their consensus was to have a different bus design. Stalf said Bus Design at first they were going to have the same deSign as the County's. GOSH studioes has a contract which gives them a royalty of $125 per bus, which for 30 buses would be $3 to Approval 4,000. Stalf presented a design from the Blue Bird factory which incorporation the colors~ of the four present routes, and keep a basic theme of stripes. The logo on the front and back of the bus remains the same. John Deane, GOSH studioes, told Council when they look at all the different bus designs in Pitkin County, the one that has finally gotten acceptance from the community as being attractive and fitting into the environment are the County buses. GOSH studioes spent many man hours designing these buses. They are designed to look cleaner longer. The large orange stripe makes the buses easy to see. One of the main tenets of the CAB is some sort of integration of the City and County bus system. The same design for the City buses will make it will like one coherent bus system. Deane pointed out the City has $1,000,000 in buses and should remember that as an artistic community, Aspen has supportedl the arts and the local artists. Mayor Standley said he thought the County buses are great and does not like the City ones at all. Stalf told Council he had not put much time into the presented design. If the Council wanted, he would spend more time on the design or the City can just go with the County system. Stalf pointed out that the County system does not service the tourists that come to town; the ones that do are the Ski Corp buses. Councilman Behrendt moved that in the interests of good design, the City accepts the County design standards and have these people show us how to apply them; seconded by Councilman Wishart. Councilman Parry asked if the Council really wanted all the buses to look the same. Should the downvalley buses actually look different? Stalf said the important thing is to make the buses look safe, new and attractive. Stalf said the City he had a couple of months before they had to decide; he feels the design is attractive~ but is concerned about the dollars. Councilman Van Ness said he would be in favor of waiting two weeks. Mayor Standley said he did not want to see the staff spending time and energy on being designersi Councilman Behrendt withdrew his motion. Councilman Behrendt moved to direct the City Manager to enter into negotiations with design outfit with a .program to get the buses painted; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #10, SERIES OF 1978 - Amendment to GMP, Allocation for Commercial Development Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 10,1978 Amendment to Councilman Wishart moved to read Ordinance ~10, Series of 1978; seconded by Councilman GMP/Con~nercial Parry. All in favor, motion carried. Regular Meeting Aspen City Council June 26, 1978 ORDINANCE #10 (Series of 1978) grc~n~t to GMP/Cc~mercial AN ORDINANCE AMENDING SEC. 24-10.5(c) OF ORDINANCE NO. 48 (SERIES OF 1977) BY DELETING THE REQUIREMENT THAT APPLICATIONS NOT RECEIVING A MINIMUM OF 30% OF THE POINTS AVAILABLE UNDER SECTION 24-10.5(b) (3) SHALL NO LONGER BE CONSIDERED FOR A DEVELOPMENT ALLOTMENT was read by the city clerk Councilman Van Ness moved to adopt Ordinance #10, Series of 1978, on second reading; seconded by Councilman Parry. Councilman Isaac said he was opposed to this ordinance as.it does not address the problem of changing the ordinance to give a fair chance to small applications to commercial allocation. Councilman Isaac said he felt this was weakening the ordinan6e a'nd is not proper at this point. Councilman Parry pointed out there are many places where applicants cannot comply with the growth management plan. Ms. Smith told Council if this ordinance passes, then LaTortue and the Hutch become avail- able for development allotment; this is a net increase of 1400 square feet. The planning office will need to come back with a resolution allocating this development. Councilman Isaac agreed that the growth management ordinance is too strict on small applications, but stated this is not the right way to do it. Ms. Smith stated one way to do this would be to exempt small commercial projects, like single family dwellings. Ms. Smith pointed out if Council did not approvae this ordinance, they would have to go back and open up the appeals for LaTortue and the Hutch. Councilman Van Ness stated Council had agreed they felt these two projects should be allowed. To do this as quickly as possible, Council should pass this ordinance and then go back and re-work the growth management plan. Councilman Van Ness reminded Council they had told these applicants two months ago they would do something to approve the projects. Roll call vote; Councilmembers Wishart, aye; Van Ness, aye; Behrendt, aye; Parry, aye; Isaac, nay; Mayor Standley, nay. Motion carried. ORDINANCE #14, SERIES OF 1978 - Prohibiting Certain Devices upon Sidewalks Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 14, 1978 the public hearing. Prohibiting . certain devices Councilman Behrendt moved to read Ordinance #14, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. ~on sidewalks (Mopeds/skate- boards) ORDINANCE #14 (Series of 1978) AN ORDINANCE PROHIBITING MOTORIZED VEHICLES AND BICYCLES UPON SIDEWALKS AND MALLS AND PROHIBITING SKATEBOARDS UPON SIDEWALKS AND MALL IN THE C1 AND CC ZONING DISTRICT was read by the city clerk Councilman Behrendt moved to adopt Ordinance #14, Series of 1978, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmemb~rs Isaac, aye; Behrendt, aye; Van Ness, aye; Wishart, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #20,SERIES OF 1978 - Goldsmith Water Extension Ord. 20, 1978 City Attorney NUttall told Council she would like this tabled until an agreement is Goldsmith drafted. Water Extension Councilman Behrendt moved to table Ordinance #20, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #22, SERIES OF 1978 - Appropriation for Water Tank Ord. 22, 1978 Appropriation Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Water Tank/ the public hearing. Water revenues Councilman Van Ness moved to read Ordinance #22, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #22 (Series of 1978) AN ORDINANCE APPROPRIATING $125,000 FROM ANTICIPATED CURRENT YEAR PLANT INVESTMENT FEES IN THE WATER FUND FOR THE PURPOSE OF ACQUIRING LAND FOR A TREATED WATER STORAGE TANK was read by the city clerk Councilman Behrendt moved to adopt Ordinance #22, Series of 1978, on second reading; seconded by Councilman Wishart. Roll call vote; councilmembers Parry, aye; Behrendt, aye; Wishart, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Aspen One Property. City Manager Mahoney told Council the staff is still working on ~'~Aspen One il this proposal. Ms. Smith said she had done a site inspection on the property on Red Buttei Property and it is pretty much usable except for one subdivision site. The City would have to go through subdivision procedures. The lot at the east end is very close to the fairways. 2. Vacated Hunter Street. Mayor Standley told Council this is basically the issue the Horowitz prop. Council discussed in DeCember, to acquire the land between the Centre and North of Nell Aspen Mountain building. Don Horowitz told Council his situation is slightly different; he does not Vacated Hunter know if he can deliver the Stan Johnson property. Horowitz said he did not know if he S~ could convey his title to the City on the same basis as was offered last winter. Regular Meeting AsPen City Councl£ June z~, l~ Horowitz told Council he had been working on this over 2~years and would like to be able to use this property for something. Horowitz said he would have the City take it from him in a possible installment purchase over a period of several years at 7 per cent Aspen Mt. interest rate. Another possibility would be if the City had a piece of property in some Property other area that could be traded off; Horowitz is looking for a site to build a house. (Horowitz) Horowitz told Council the City put a ski check-in on his property without his consent. Horowitz's attorney advised him he could have charged rental for it; also, the easements that the City has are not legal easements. The structure that houses the pump on that property may be illegal. Horowitz said he would like to be able to proceed with the commercial building, or in lieu of that, have the City purchase property at fair price, Horowitz's portion in installment basis, or trade off for some City property, or allow Horowitz to build a single family dwelling. Horowitz told Council he had an option, and was willing to purchase, Johnson's property for $70,000 contingent upon Horowits being able to obtain a building permit for the commercial building. Horowitz said he thought he could probably still purchase the option. Horowitz reminded Council at one time he was willing to donate a portion of the property. Horowitz said if he could still donate the property, it would be a donation from him on behalf of the Ski Corp. Councilman Parry suggested authorizing MahOney to work out negotiations on this and see if anything can be pinned down, or make a land trade deal. Councilman Van Ness said the Ski Corp has easements all over this land. Councilman Van Ness said it seemed to him that the Ski Corp would have a big interest in keeping the land the way it is. Councilman Van Ness said perhaps the City should talk to the Ski Corp. Horowitz reiterated anything he donated would be taken as his donation and the Ski Corp's. Horowitz pointed out that people on either side of the property would have an intereSt in doing something. Councilman Behrendt moved to have Mayor Standley and Mahoney assemble the different inter- ested parties and try to negotiate out something towards an open space solution for that piece of property and to return by July 24, and to get the legal team in on the discussion; seconded by Councilman Parry. All in favor, motion carried. 3. Wheeler Funding. Mahoney gave Council a study containing info~mation~labout the real property taxes in this community, local and non-local. Mahoney said he would like to discuss the implications of this study at a study session. Mahoney said at that time he Funding for would have recommendations about the Wheeler. A large expenditure from the engineering Wheeler Opera department is coming up for streets. In the meantime, Jenifer Carr has been working on th House Wheeler. Mahoney and Ms. Cart will continue working on the Wheeler to keep the options open. ORDINANCE #21, SERIES OF 1978 - Droste Water Extension Councilman Behrendt moved to read Ordinance #21, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. Ord. 21, 1978 ~ Droste Water ORDINANCE # 21 Extension (Series of 1978) AN ORDINANCE EXTENDING THE MUNICIPAL WATER UTILITY TRANSMISSION LINES BEYOND CITY BOUNDARIES was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~21, Series of 1978, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #23, SERIES OF 1978 - Appropriations for Rio Grande; Rubey Bus Station Councilman Van Ness moved to read Ordinance ~23, Series of 1978; seconded by Councilman Ord. 23, 1978 Parry. All in favor, with the exception of Councilman Wishart. H. J. Stalf told Council Appropriation this appropriation was for the street in front of Rubey Park where the buses stop and Rio Grande; Street by Rubey load. The street is about to collapse. Park ORDINANCE #23 (Series of 1978) AN ORDINANCE APPROPRIATING $17,800 FROM UNAPPROPRIATED 7TH PENNY REVENUES FOR THE CITY'S SHARE OF RIO GRANDE BIKE PATH REPLACEMENT AND THE DURANT STREET (RUBEY PARK) BUS LOADING APRON was read by the city clerk Councilman Van Ness moved to adopt Ordinance ~23, Series of 1978, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Van Ness, aye; Parry, aye; Behrendt, aye; Standley, aye. Motion carried. ORDINANCE #24, SERIES OF 1978 - Amending Animal Fees and Fines Ord. 24, 1978 Councilman Parry moved to table this.ordinance because it was not in the packet; seconded Amending Animal by Councilman Van Ness. All in favor,~ motion carried. Fines & Fees TOWING CONTRACT H. J. Stalf suggested that the staff go through and see if it would be feasible for the City to run the towing. Council agreed, and asked that the report be back in two weeks. Tow contract Councilman Van Ness moved to adjourn at 10:30 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn ~ K~-ch, 'City Clerk