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HomeMy WebLinkAboutminutes.council.19780213 Regular Meeting Aspen City Council February 13, 1978 JOINT MEETING WITH COUNTY COmmISSIONERS Mayor Pro Tem Behrendt call the joint meeting to order at 4:10 p.m. with County Commissioners Child, Edwards, and Kinsley present; Councilmembers Isaac, Johnston, Parry, Wishart, and Van Ness present; City Manager Mahoney, County Manager Ochs, Attorneys Nuttall and Stuller present. 1. Communications Agreement. County Manager Ochs told the Boards that this agreements Con~mlnications has been discussed over the past month by the joint communication board, consisting of Agreement Chief of Police, Sheriff, City and County Managers. The agreement aims towards having a director in charge of the communications department and the City and County sharing the costs on a 50/50 basis. The current agreement provides for 60/40, and the communcations department is actually under the charge of the Chief of Police, and thus the City Manager. Aspen City Council February 13, 1978 Ochs pointed out the Communications Board discussed this and could not come up with any resolution, so they brought it to the Boards. Commissioner Edwards stated the communica- tions department has been moving in the direction of the County picking up half the costs and creating an autonomous department with a director, who will be responsible to the joint communications board. However, the communications agreement never reflected that. Edwards stated it is the Sheriff's position that he feels this would be an appropriate way to go towards creating an autonomous communications department. Edwards said the problem of operating this under the police chief if that the communications department becomes an arm of the police department. The work for the sheriff's department gets side~i tracked and pre-empted by the police department. City Manager Mahoney pointed out the communications department is downstairs in City hall and deals with city problems, city streets, city water, city communications. Citizens don't identify with county problems. Mahoney said he felt the County is getting more for their money than they appreciate. The City is delivering this service for a fee; the~e is tremendous equipment at the water ~lan~ and on top of City Hall. Mahoney sai~ if the County did not like the job the City is doing, bring it to the c~mmu~ic~t~ons board and a solution will be found. Councilman WiShart said he felt the autonomy avoids the issue of responsibility. Council- man Wishart said it should be the way it is now, going directly to Mahoney and Chief of Police Hershey. Commissioner Kinsley said then th~ County should contract the service at the rate to which they use it. Chief of Police Hershey said that until there was a joint, separate building, the communications department cannot be completely autonous. Hershey pointed out that Nick Pasquarella has control 95 per cent of the time and nobody bothers him; Pasquarella has responsibility to the communications board. Sheriff Dick Kienast said the the communications department provides service not just for law enforcement but also for fire, ambulance, mountain rescue. This is a central communi-il cations for all public safety agencies in Pitkin County. Kienast stated the department should appropriately be run by a professional in communications, not the chief of police. Pasquarella was hired on that basis and has in fact been in charge and answerable to the board. Kienast said he did not see, any necessity to have an intermediary between the communications director and the board. Hershey pointed out there are questions that come up during the night that need immediate answers. Who will get the answers for the dis- patchers; will they have to get ahold of the board. Kienast pointed out that at the time the present contract was written, there was no communications director. Since then a competent director has been hired on the assumption! that he would be in charge. The County did agree to pay 50 per cent of the over-runs on remodeling on the basis that this would be a 50 per cent operation. Mahoney pointed out that the communications is also running the electric, streets, water, Parks, and building communications. The City is really dependent upon the communications to run the City. Commissioner Edwards said it should not matter whether Pasquarella or Hershey runs the department as long as there is clear instruction. Kienast stated there is no need for two bosses in one department. Kienast stated this is a simple business proposition; the County will fund 50 per cent of the cost of the operation, and they should have 50 per cent of the say in the way it is operated. Nancy Baxter said she felt the director should have total control of the staff and be answerable to the board. The board should be compromised equally. Hershey reiterated there are legal questions that come up every day of the week that need someone there to answer them. City Manager Mahoney said he is responsible for emploYees of the City by the Charter and cannot contract that away. Commissioner Edwards pointed out there were parallel problems with the City/County planning office and the employees were getting put on city projects. This resulted in an insistence of a year-to-year contract. Commissioner Kinsley moved that a resolution of this agreement be a 50/50 split in costs and to operate as an independent department headed up by a director; seconded by Councilman Parry. Commissioner Child said he felt if the Boards were satisfied with the direction and operation of the planning department and with the degree of control and the Share of expenses, they should vote for the motion. All in favor, motion carried. 2. Interchange at Highway 82 and Maroon Creek. Mayor Pro Tem Behrendt said he had asked for a discussion of this with the police, sheriff, and planning office. Early in the morning there is a conflict with people coming into town, school children turning, an Interchange skiers going out of town. This is a dangerous situation. Mayor Pro Tem Behrendt asked Maroon Creek & if between now and when this is solved permanently, could a person be put out there to Highway 82 direct traffic. Sheriff Kienast pointed out a traffic person can only motion for certain people to move certain ways. Chances of drivers not moving those certain ways is close to 80 per cent. Kienast pointed out that a traffic control person works on Main street because cars are going slowly. Commissioner Kinsley said the County dealt with this at the beginning of the winter and concluded there is nothing that can be done short term. One solution is a light; this cannot be done until spring. Another solution is to change the intersection. Mayor Pro Tem Behrendt said his request is for an officer out there. A patrolman standing!! there and who is responsible will get the people to react. Commissioner Edwards pointed out the main conflict is people turnin~ west onto highway 82 from Maroon Creek. These cars need to be able to get onto the highway. Councilwoman Johnston suggested during busy times not to allow left turns off Maroon Creek. Commissioner Edwards explained that the highway department had wanted to put a light in, subject to getting electricity. The problem was that the County and planning office has discussed various alternatives. It seemed silly to spend $100,000 to put a light in, when the alternatives are to straighten out the road. The alignment of Maroon Creek was selected as the best alternative, but this will not be done until 1980. ~egular Meeting Aspen City Council February 13, 1978 Mayor Pro Tem Behrendt pointed out that this problem is only until April 10. Kienast said before there was a stop light at Mill and Main, the City had a polic officer there. ~ This did not solve the problem. Having an officer at the intersection of Highway 82 and Maroon Creek and 82 would have no affect and it would be dangerous. Ochs stated he felt a light at that intersection would work, but the Highway Department will not let the City or County put a light up there. Ochs said there are so many different turning motions that one person has to be in four or five plces to control all the different movements. The need would be for four or five officers to coordinate the control. Kienast stated this is a very frustrating intersection; however, the fact is there hasn't been a motor vehicle accident at that intersection for the last two years. Kienast said he would be very concerned if there was an officer on foot at that intersection. Councilman Isaac said he felt it was time to make a long range solution to this problem. Ochs suggested the City contribute two police officers and ask the sheriff's office to contribute two officers every day for a two week trial period. Councilwoman Johnston said since the City Manager is charged with traffic management, he should work on this problem with the county manager and the law enforcement involved. Kienast said he did not mind getting involved in this, but what is this experiment going to prove. What changes will make any difference. Councilman Wishart moved that the City and County managers having heard the expression and dread fear of the combined bodies, work on the problem and try to come up with a solution, if there is one; seconded by Councilwoman Johnston. All in favor, motion carried. 3. Snowmass Planning Agreement. Joe Wells, planning office, told the Boards that he had been working with Snowmass giving them technical assistance for the last two weeks. A copy of the agreement was submitted. Snowmass Planning Commissioner Kinsley moved to approve the agreement; seconded by Councilman Parry. A~3re~ent Councilman Isaac asked if there were a possibility of a problem between the County land use plan and Snowmass. Wells answered that most of the land use decision are going to be made by the county for the time being. Wells said the feeling that incorporation was being carried out to get out from under county regulations is not correct, judging from his work with them. Councilwoman Johnston said the City of Aspen should be added to the agreement heading. Councilwoman Johnston reiterated Mayor Standley's concern, time of the planning office is being taken away from the City and County. Wells said he would submit separate time sheets for Snowmass. The City and County will be billed only for hours worked for them. All in favor, motion carried. 4. A~95 Reviews (a) Supplemental Security Income. Commissioner Child moved for favor- able comment; seconded by Councilman Wishart. All in favor, motion carried. (b) High Country RSVP. Commissioner Kinsley moved for favorable comment; seconded by Commissioner Child. All in favor, motion carried. (c) National Information and Education Center for Recycling. Mayor Pro Tem Behrendt moved for favorable comment; seconded by Councilman Van Ness. All in favor, motion carried. 5. Citizen Participation. There were no comments. COUNCIL MEETING MINUTES Councilwoman Johnston moved to approve the minutes of January 23, 30, 1978; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Parry moved to approve accounts payable; seconded by Councilman Van Ness. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Councilwoman Johnston said she was concerned about the park dedication thing. There was an executive session on the issue, and the Council never actually took any action. Park This ordinance is still on the books of the City. May~it should be being replaced by Dedication someting re-written. City Attorney Nuttall pointed out that in her memorandum about these ordinance fees she noted that other issues had to be addressed; commercial projects, the formula. Ms. Nuttall said she would like to have a study session. Ms. Nuttall said it was her understanding that the City decided not to appeal the case, and refunds Would be given to those that fell within the Court's ruling. Councilwoman Johnston said she felt there might be some conditions where the City would still charge the park dedication fee. Ms. Nuttall stated that the Court's judgement related to certain parts of the ordinance which are still in effect. Under that status, the City does not have any option as far as collected park dedication fees, unless the ordinance is rewritten. Councilwoman John- ston asked if Council could approve the subdivisions on the agenda with the possibility of later assessing them. Ms. Nuttall said she would consider that as bad faith. Regular Meeting Aspen City Council February 13, 19/~ 2. Councilwoman Johnston pointed out there are two ordinances on the agenda tonight which might relate to some subdivisions also on the agenda relating to their being exempted from the growth management plan. Councilwoman Johnston said she felt these should come growth under the allotment plan. Karen Smith, planning office, said these are all condominiumi- ~Manag~ent zation of existing multi-family building, two of whi. ch were required by the engineering department to go through full subdivision. The Shaw project will have one buildable lot. Ms. Nuttall said the ordinances did not apply to the Subdivisions and exemptions on the agenda. 3. Councilwoman Johnston reminded Council they had diScuSsed during budget hearing about doing something about the process for this year. Councilwoman Johnston said she felt it Budget would be a good idea to invite the people from Daggs to come and make suggestions to the City on how to improve the process. Council asked Councilwoman Johnston to extend the he~rings invitation. 4. Mayor Pro Tem Behrendt said there was a request from the Board of Realtors to have someone on Council at their February 15th meeting, and maybe monthly meetings. This is to stay in touch and there will be special emphasis on employee housing. Councilmembers Johnston and Wishart said they would go. ASPEN SKI CLUB - Special Event Permit and Request for Bus Mary Ann Green, Aspen Ski Club, told Council they would like to have their annual Las Aspen Ski Club Vegas night on March 16. Ms. Green requested bus service every 15 minutes from 7:30 p.m. special event to 12:30 or 1:00 from the Grant to Rubey Park and City Market. H. J. Stalf said he did i Pe~it ii and not have any.problems with this request; he would just have to schedule a driver. Stalf use of bus said it was up to Council whether to give the driver's salary or to charge. It would be about $5 per hour plus fueld. Councilman wishart moved to approve the special events permit and that the City donate bus and driver; seconded by Councilman Parry. All in favor, motion carried. SPECIAL EVENT PERMIT - Wildwood School King Woodward told Council they were request a special event permit for Marchill for a Wildwood School fund raising benefit to be held at the Aspen Ice garden. There will be two performers, Special event John Hartford and Mary Travers. The permit request os from noon until 2:00 a.m. The permit concert will end at midnight, the extra time is for clean up. Woodward said this will be organized by Ralph Brendes, faculty and parents of Wildwood. Woodward asked that the City barricade streets within the proximity of the ice rink so there will be no traffic in the area. This will necessitate re-routing of the bus. H. J. Stall pointed out that the Mountain Valley bus runs down Hopkins once an hour; the . Snowbunny bus down Main twice an hour, and the skier's shuttle could be re-routed to carry people to the concert. Woodward said they were going to emphasize the bus and walking and try to eliminate cars as much as poss. ible. They would like to seat 2,000 people. Wood- ward said immediately following the concert, they will clean up the streets and lawns of anything left over. They will also clean up the following day. This is the first benefi~ for Wildwood school. Their money has been from grants and contributions. Ralph Brendes told Council that the entire proceeds from the show will gob.to the applicant. Councilwoman Johnston asked under what authority they were making this application. Kane reminded Council that Brendes has asked for rezoning in order to have eight concerts at the Ice Garden. The area is zoned R-6 and that would have represented an expansion of a non-conforming use. The attitude was that benefits, a one time thing, should be dealt with administratively as garage sales. ThiS is a matter of discretion for the Council. Councilwoman Johnston asked if the people in the neighborhood had been advised. Brendes said the biggest concern of the neighbors was that this would become a commercial operation. Neighbors said for a one-time event or benefit they would not protest. Mayor Pro Tem Behrendt outlined some conditions; (1) ask that the City receive a letter of no prejudice from the property owners that meets with the approval of the City Attorney (2) give Council a detailed break out of the final resolution of the concert, where the money came from and where it went, and (3) considering this is a private neighboDhood 2 a..m. is late. The liquor sales should be cut off a midnight. Councilman Wishart moved to approve the special event permit for Wildwood school with constraints of trash clean up, letter of no prejudice, final accounting, and closing the liquor at midnight, and final approval of Tom Dunlop; seconded by Councilman Parry. Tom Dunlop asked that the food service be restricted to the upstairs snack bar area. Brendes agreed. All in favor, motion carried. AMBULANCE AGREE~ENT Finance DireCtor Butterbaugh told Council this agreement was approved during budget Ambulance session. Agreement Councilwoman Johnston moved to read Resolution ~3, Series of 1978; seconded by Councilman Wishart. All in favor motion carried. RESOLUTION ~3 Series of 1978 WHEREAS, the City Council has been presented with a Joint Service Agreement between the City, Pitkin County and Aspen Valley Hospital for the supplying of ambulance services within the City and County, and ~egu±ar ~eetlng Aspen City Council February 13, 1978 WHEREAS, the Council wishes to approve said agreement and do so by resolution, all as required by the Aspen Home Rule Charter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That it does hereby ratify and approve the Joint Service Agreement for community ambulance services attached hereto and lncorporated by this reference, and does authorize the mayor pro tem, H. Michael Behrendt, to execute the same on the City's behalf. Councilwoman Wishart moved to adopt Resolution ~3, Series of 1978; seconded by Councilman Van Ness. Councilwoman Johnston asked if the finance department were received the reports monthly and if they were satisfied with them. Ms. Butterbaugh answered yes, and told Council that the hospital was being very cooperative. All in favor, motion carried. EMPLOYEE HOUSING AT WATER PLANT Mark Danielson, County housing officer, told Council he and Chuck Vidal have been working on different proposals and conditions pertaining to the water plant site. Danielson Employee has been working on the Midland/Park qualifications and selection criteria. Danielson Housing at said he would like to postpone any serious discussion until the criteria is finalized. Water Plant Chuck Vidal told Council he was prepared as a first step to define the goals of the project as far as the City is concerned; not in the physical planning sense but what group of employees and economic range the housing will be for. After that, the Council can determine what the options are; whether the private sector can get involved or the City has to get involved. Vidal said he felt the Council could benefit from discussion of the criteria that Danielson is involved in. Councilman Wishart suggested a study session, but to wait until Mayor Standley Ks back because he is very invclved in this project. SUBDIVISION EXEMPTION - Shaw Bill Kane, planning office, told Council that the subdivision regulations of the City Shaw- 20-4(c) stipulates that contiguous lots,~in order to convey land, require processing subdivision through subdivision regulations. The Shaws lown lots A through I, block 25, on Main Exemption street between Fifth and Sixth streets. Lots H and I are vacant. This is a request for exemption from full subdivision procedures. There are nine lots; they will be con- veyed as Lot A; Lot B, Lots C and D; Lots E, F, G, for the Shaw residence, and Lots H and I, which are vacant. Kane pointed out there is request to create separate 3,000 square foot lots(A and B) for two individual homesites. There are encroachments in the alley of sheds and fences. Also the payment of the park dedication fee on lots H and I at the time of the building permit issuance. Kane explained the planning office recommends the 3,000 square foot lots be granted as homes are already in existence and all improvements are there. This will not create additional development density but allow the structures to stay. Kane pointed out the Code does not allow non-conforming lots or building sites. The planning office interpreted this to mean that a non-conforming building site not be created. Kane told Council that the alley is not paved. The planning office recommends that the applicants by formally recorded resolution indicate their willingness to waive right of protext to an improvement district should that alley be paved. This would have the effect of requiring that the encroachments be removed. Councilwoman Johnston asked what would happen if the houses on the first two lots were removed. Kane answered they would have to come back in under the zoning regulations. Kane told Council if they required these be sold as two lots, they would get a conforming structure which would be an office building. Kane said that it hasn't been a rule to have any formalized written recorded document of conditions for subdivision exemptions. The planning office suggested the language be on the plat. Chuck Brandt, representing the Shaws, prepared a resolution of these conditions for signature to be recorded. Councilwoman Johnston asked if the PARs for Lots H and I were under control. Kane said this is an office zone; the FARs would not apply. There are height limitations and set back limitations. There would be more control through R/MF regulations on this lot. Councilman Isaac moved to grant the subdivision agreement for lots A through I, block 25, the applicant must waive the right of protest for the formation of an improvement district for sidewalks along Fifth street and for lots A through I for Main street; the applicants must waive the right of protest for an improvement district for the alley which separates block 25; payment of park dedication fee for lots H and I be deferred until issuance of a building permit; seconded by Councilman Parry. Councilwoman Johnston added that the plat or resolution outlining these conditions be recorded Councilwoman Johnston pointed out that tenant displacement was not addressed at all. Kane said their interpretation of Ordinance 53 was that it was directed towards condo- miniumization. All in favor, motion carried. Regular Meeting Aspen City Council February 13, 1978 SUBDIVISION EXEMPTION - Harvey Karen Smith, planning office, explained this is a subdivision exemption application involved an existing duplex at the corner of Cemetery Lane and Sierra Vista drive. This Harvey is a two story wood frame duplex on a 15,000 square foot lot in the R-15 zone. It does Subdivision comply with the zoning requirements. As far as the housing impact, Ms. Smith stated Exemption that Scott Hovey and Stephen McDonald simply wish to condominiumize so that they own their respective halfs. They are the current owners and will continue to live in the building. There will be no tenant displacement. The planning office believes there is sufficient evidence that there is no adverse housing impact. On February 7, the P & Z recommended approval with the conditions of six month minimum lease restriction. The applicants have provided an agreement which provides for the six month restriction, and agreement to join in any improvement district for streets or alley. The engineering department has no problems with this exemption. Councilman Parry moved to approve the subdivision exemption; seconded by Councilman Van Ness. All in favor. FINAL SUBDIVISION APPROVAL - Pioneer (AEM) Ms. Smith explained this comes under full subdivision procedure, as this has been the practice of the engineering office for multi-family applications. The Pioneer condo- Pioneer miniums are located in the 900 block of east Hopkins and is an existing 8 unit, two story Final Subdivision apartment building. Conceptual approval was given by Council at their May 23 meeting, at which meeting Council adopted their condominiumization policy. This required a six month minimum lease and 90 day right of first refusal. The applicants have provided for these in their subdivision agreement. Ms. Smith pointed out that conceptual approval was given long before the condominiumization policy in Ordinance #53 was adopted. P & Z recommended approval subject to a number of technical plat revisions asked for by the engineering department. Tom Jones, assistant City Engineer recommended approval with the condition that the plat amendments be complied with. Councilman Isaac moved to approve the final subdivision subject to the engineering depart- ment's approval, 90 day right of first refusal and six month minimum lease; seconded by Councilman Wishart. All in favor, motion carried. FINAL SUBDIVISION APPROVAL - 165 Park Circle Ms. Smith told Council this is a four unit apartment building located on Park Circle and is a request to condominiumizae the four units. Council gave conceptual approval on May 23. The applicants were required to comply with six month minimum lease and 90 day 165 Park Circle first right of refusal. The engineering department has a few technical problems with Final Subdivisio~ the plat; they asked that the fence which encroaches on City right-of-way be removed. They also require drainage dry wells in the parking lot, when and if it is paved. These have been added to the agreement. Councilman Isaac moved to approve the final subdivision with six month minimum lease and 90 day right of first refusal; to remove the fence that is encroaching on Park Circle, and to require drainage dry well in the parking lot if paved; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE ~2, SERIES OF 1978 - Adopting Electric Code Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem closed the public hearing. Ord. 2, 1978 Councilwoman Johnston moved to read Ordinance ~2, Series of 1978; seconded by Councilman Adopting Wishart. All in favor, motion carried, i Electric Code ORDINANCE ~2 (Series of 1978) AN ORDINANCE ADOPTING BY REFERENCE THE NATIONAL ELECTRIC CODE, 1978 EDITION, AND AMENDING CERTAIN SECTIONS OF CHAPTER 7, ARTICLE VI OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilwoman Johnston moved to adopt Ordinance 02, Series of 1978,' on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Van Ness, aye; Wishart, aye; Johnston, aye; Isaac, aye; Parry, aye; Mayor Pro Tem Behrend%, aye. Motion carried. CITY MANAGER 1. Christmas Party Invoice. City Manager Mahoney told Council that $1500 was budgeted by Council for this party and $1800 was spent. Mahoney explained that when this is budgeted, the administration estimates how many people will come, and the City tries to be conservative in what they order. Mahoney told Council the Christmas party was $1700 Christmas Party in 1975, $1500 in 1976 and $1842 in 1977. Finance Director Butterbaugh told Council there is excess amounts in 1977 from in-kind contribution's and some from cash contributions. Councilman Van Ness moved to transfer the fund; seconded by Councilman Parry. Council- man Van NeSs suggested next year having someone in the kitchen counting plates. The City needs better control over this party. All in favor, motion carried. 2. Electric Substation. Mahoney told Council the City has entered into a contract with an agent to purchase for $119,500 five lots down by the sewer plant. The City has found that Mrs. Paepcke owned the property once; when she shold it she placed a covenant on it that restricted the property to the use of a single family residence. Mahoney said the Electric City is negotiating with Mrs. Paepcke to have the covenant removed. Jim Mollica is Switching Station going to give an appraisal to see if the covenant affected the price. ~egu±ar ~eet~ng Aspen City Council February 13, 1978 Mahoney said there is still a great need for an electric substation. If the City cannot get the covenant removed, they may have to condemn it. Ms. Butterbaugh pointed out that the City's offer included that the seller provide clear title. Mahoney said two things have to be done; get an appraisal and negotiate with Mrs. Paepcke. 2. Core Clean Up. Mahoney told Council he had gotten together with the parks department and has a program for cleaning up the City. Part of this program is a person with a City Clean Up push cart or a scooter. Mahoney said this will take about $9,000 for wages and other incidentals. Councilwoman Johnston said there has been an improvement. Councilwoman Johnston asked what the Federal program in the proposed budget was. Tom Dunlop said he had been in contact with Keep Colorado Beautiful, Clean Community Systems. Dunlop said the approach taken seems to be functional and working in Aspen. The Clean Community Systems is state and nationwide and has had a 60 to 80 per cent reduction in street litter. Dunlop said he had not gotten clarification on the $500 figure. Mahoney told Council this program was implemented last week; he will return to Council for a funding ordinance. H. J. Stalf is working with Jeri Fox of the Chamber on a public relations campaign about this. Mahoney said Puppy Smith has the flushers out and ready to go. Councilman Parry asked Mahoney what he planned to do about the state fixing the potholes on Main street. Mahoney told Council that if Main street gets any worse, he has discussed closing the street. Mahoney had ridden around with the patrol sergeant whoe told him the streets are close to being a hazard. When it is a hazard, the City will barricade at least one lane. Mayor Pro Tem Behrendt pointed out that cars are being to~n up, and the road is dangerous. Mahoney reminded Council that in 6 to 8 weeks the highway department is going to tear up Main street and put down a new road. Council discussed how much is would cost for the City to cold patch Main street. Mahoney said $500 to $1000 each time and it would have to be done about every two weeks. Councilman Isaac moved that the City repair Main street and any other streets in their jurisdiction; seconded by Councilman Parry. All in favor, with the exception of Council- membsrs wishart and Johnston. Motion carried. Councilman Wishart said he would prefer to close Main street. City Attorney Nuttall suggested billing the highway department for the work the City does. 3. Golf Course. Mahoney pointed out the Council had a sutdy session on the golf course last week in which Frank Hummel presented his work. Don Diones, Kirchner/Moore was here and presented revenue bond figures. Mahoney requested from Council a motion to enter Golf Course into a contract with Kirchner/Moore for the bonding and with Frank Hummel for the con- struction of the golf course. Hummel is the consultant who will let the bids. Councilman Parry moved to approve the bond issuance and letting of the qontract to get started on the golf course as presented at the study session; seconded by Councilman Isaac. Councilman Wishart stated he was not interested in generating more tourist activity in Aspen in the summer. Councilwoman Johnston agreed, and said she would like to keep Aspen the ~ scale it is. Councilman Van Ness pointed out the bond deal says that Kirchner/Moore will be paid a fee mutually agreeable between the City and themselves and asked what that was. Diones stated that Kirchner/Moore had never gotten that far. Kirchner/Moore typically get t to 1.5 per cent of the bond issue and has never billed the City a fee. All in favor, with the exception of Councilmember Johnston and Wishart. Motion carried. Mahoney told Council that Mayor Standley had suggested that Council and the City Manager get together at breakfast or lunch based on the idea that some Council are reticent to come in and talk to the City Manager. Mahoney recommended they meet at some time con- venient and spend a couple of hours hashing things out. Councilman Wishart stated he did not feel that way but would be willing to come to breakfast. Councilman Isaac agreed. Council will contact Mahoney. PARK DEDICATION FEE REFUNDS City Attorney Nuttall told Council study sessions were needed to discuss Charter changes, Park Dedication park dedication ordinance, proposed agreement with the Ski Corporation for snowmaking and Fee easement for water tank, and litigation. Ms. Nuttall said the snowmaking discussion was most critical. Council set the study session for Tuesday, February 21 at noon. ORDINANCE ~3, SERIES OF 1978 - Exemption from Allotment for Single family dwelling Planner Bill Kane told Council this ordinance provides for an exemption from the growth Ord. 3, 1978 management plan for the creation of a lot split. This is very carefully defined. This Exemption for is one parcel of land upon which there is already an existing dwelling, and the creation single family of a separate lot. This is an escape valve for the resolution of financial problems as dwelling a result of real estate tax payment or divorce settlement. This does represent a soften- ing of the growth management plan. The applicant does have to have adequate land in order to split. Kane pointed out the growth management ordinance does not work well when talking about subdivision which creates one home. Kane demonstrated t~ Co~ncii what this exemption would entail. Kane explained that in order to convey and break up ownership of contiguous lots under s~ngle ownership, this is a subdivision activity. This amendment allows an applicant to apply for a subdivision to create one single family homesite. Kane stated it is hard to apply the growth manage- ment criteria to a subdivision where there is created only one house. The reason for recommending this amendment was the spirit of a hardship. Councilwoman Johnston asked if this were allowed, would the single family house go through the allotment procedure or just be counted against the quota. Kane answered it would just be counted. Councilman Van Ness stated there are hardships all over in the growth management plan. Councilwoman Johnston said she did not want to k~ep eroding the ordinance. Regular Meeting Aspen City Council February 13, 1978 Councilman Isaac moved to read Ordinance ~3, Series of 1978; seconded by Councilman Wishart. All in favor, with the exception of Councilmembers Johnston and Van Ness. Motion carried. ORDINANCE #3 (Series of 1978) AN ORDINANCE AMENDING ARTICLE X OF THE ASPEN ZONING CODE BY THE ADDITION OF 24-10.2 (d) WHICH EXEMPTS FROM THE ALLOTMENT PROCEDURES THE CONSTRUCTION OF ONE SINGLE FAMILY RESIDENCE ON A LOT SUBDIVIDED AFTER THE EFFECTIVE DATE OF ARTICLE X WHERE (1) THE TRACT OF LAND WHICH WAS SUBDIVIDED HAD A PRE-EXISTING DWELLING, AND (2) NO MORE THAN TWO LOTS ~WERE CREATED BY THE SUBDIVISION was read by the city clerk Councilman Isaac moved to adopt Ordinance ~3, Series of 1978, on first reading; seconded by Councilman Wishart. Councilwoman Johnston asked if P & Z has seen this. Kane said there is no code require- ment for them to approve this. Roll call vote; Councilmembers Isaac, aye; Johnston, nay; Parry, abstain; Wishart, aye; Van Ness, nay; Mayor Pro Tem Behrendt, aye. Motion carried~ Councilman Wishart moved that before the second reading, this ordinance be referred to P & Z for comment; seconded by Councilman Isaac. All in favor, motion carried. ' ORDINANCE ~4, SERIES OF 1978 Kane told Council this ordinance would simply formalize what is already the understanding of the planning office. This ordinance prohibits from proceeding with the subdivision Ord. 4., 1978 process without first having an allotment. This is a tie between ordinance 48, 1977, Amedding subdi- and the subdivision regulations. Kane told COuncil he envisioned Ordinance 3 and 4 going vision procedures hand in hand. Councilman Van Ness left the Council Chambers Councilman Wishart moved to read Ordinance #4, S~ries of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~4 (Series of 1978) AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF ASPEN BY THE ADDITION OF A NEW SECTION 20-5 (b) WHICH PROHIBITS APPROVAL OF ANY SUBDIVISION REQUEST IN THE ABSENCE OF ISSUANCE OF A DEVELOPMENT ALLOTMENT PURSUANT TO ARTICLE X (GROWTH MANAGEMENT QUOTA SYSTEM) OF THE ASPEN ZONING CODE was read by the city clerk. Councilman Wishart moved to approve Ordinance ~4, Series of 1978; seconded by Councilman Isaac. Roll call vote; Councilmembers Wishart, aye; Parry, aye; Johnston, aye; Issac, aye; Mayor Pro Tem Behrendt, aye. Motion carried. Councilman Wishart moved that before Council has this for second reading, it be referred to P & Z for comment; seconded by Councilwoman Johnston. All in favor, motion carried. City Attorney Nuttall explained to Council that when Hans Cantrup came in to get ~a build- ing permit for the Glory Hole, he made an agreement to comply with open space, underground parking, etc. Cantrup does not have a certificate of occupancy because he still is not Code enforcement in compliance with all the requirements. On the Continental Inn, the City discovered some violations when the electric circuits broke, which resulted in about 60 units being closed. As a result, Cantrup has hired a special inspector to get on top of all the violations. TherS is a list of what has to be done immediately. The open space and parking Will not be done until next spring. The electrical systems have all been fixed. There is a zoning violation where the ski shop moved into the Continental. They will either have to move or go through P & Z for a use determination, Councilwoman Johnston suggested the City should be thinking about the whole enforcement procedure and philosophy. Kane told Council his dilemma was that the City has th~s history Of violations. Cantrup has made some applications under the growth management plan. There are representations about what will be done, employee and permanent rentals units right in the lodging district. Kane said he would like the City to take the position that outstanding violations be corrected before there is any further development on the property. Council- man Wishart said the City has got to push enforcement. Mayor Pro Tem Behrendt said he would the sign code enforced also.. Ms. Nuttall said there is a list of about 30 things to be corrected; she would like to give the program a couple of weeks to see how it is Councilman Wishart moved to adjourn the meeting at 8:04 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathr~ S. ~auter, City Clerk