HomeMy WebLinkAboutminutes.council.19780109Regular Meeting Aspen City Council January 9, 1978
Mayor Standley called the meeting to order at 4:08 p.m. with Councilmembers Johnston,
Parry, and Van Ness present; also present City Manager Mahoney and City Attorney Nuttall
MINUTES
Councilman Parry moved to approve the minutes of the December 12 and 19 meetings;
seconded by Councilwoman Johnston. All in favor, motion carried.
ACCOUNTS PAYABLE
Councilwoman Johnston asked City Manager Mahoney if everything is under control and
does Mahoney feel that the City is not running into any danger areas. Mahoney answered
he felt there were no danger areas.
Councilwoman Johnston moved to approve the accounts payable for December; seconded by
Councilman Van Ness. All in favor, motion carried. Councilman Wishart came into the
meeting.
Rea~~_~ng Aspen City Council January 9, 1978
CITIZEN PARTICIPATION
There were no comments.
COUNCILMEMBER COMMENTS
~ ~a~eS E. Moore 1. Councilwoman Johnston asked if the City were going to get an appraisal on the James
appraisal E. Moore property. City Manager Mahoney said he had just received it this date.
2. Councilman Parry told Council that the trolley car is on its way and should be in
Aspen any day. Councilman Parry said they hoped to drive it through town; then they
Trolley had rented a space at the airport where they will work on restoring it.
3. Councilman Wishart asked when Council had decided to appoint someone to fill the
Council vacancy. Mayor Standley pointed out that this is specified in the Charter, and
Vacant Council also the Charter says the appointment will be for the unexpired term. Mayor Standley
seat said the Council could change this by submitting it to a Charter amendment election.
Councilman Behrendt came into the Council meeting.
Mayor Standley told Council that given the Charter specifications, he had placed an
advertisement in the newspaper announcing the opening. The letters of interest are to
be directed to the Mayor's office through Friday, January 13. These letters will be
placed in a packet and given to all Councilmembers. Mayor Standley asked that each
Councilmember try to champion two people they are ~nterested in. These candidates will
be interviewed the week of January 16 to 20. At the January 23 Council meeting, if
Council is ready, they can make the appointment and have the judge present to swear the
new Councilmember in.
GRANT APPLICATION FOR WHEELER OPERA HOUSE
John Stanford, planning office, told Council the City has applied for $91,800 Federal
Wheeler Opera historic preservation funds. These projects will be reviewed during the month of
House February. Stanford said he believed the City has a good chance of receiving the full
request, and asked Council to submit a letter of support. The Colorado Consulting
Committee, a group of around 60 people, will review the applications and make recommenda-
tions. There are three people in this area on the committee; Michael Strang, Ted Mularz,
and Fritz Benedict.
Stanford told Council this is a 50/50 matching grant, and the monies will concentrate on
electric and mechanical work. Councilman Wishart asked if the City was really interested
in turning the Wheeler over to a task force for a long term lease. Mayor Standley
said the City has not made the management decision yet. Stanford pointed out the Wheeler
could be administered by a City agency or a private non-profit foundation.
Councilwoman Johnston moved that Mayor Standley write a letter for Council supporting
this grant; seconded by Councilman Wishart. All in favor, motion carried.
PACO'S TACOS - Application for a 3.2 beer license
Mayor Standley opened the public hearing. City clerk reported that the file, posting
Paco's Tacos and publication were in order.
3.2 beer hearir~
Bill Dunn, application, told Council this is for a 3.2 beer license, and basically this
is a renewal. Dunn said he has had the license for over two years with no problems at
all. Dunn did not get the license renewed in August. This is the only over the counter
license in town. Mayor standley asked if the place was for sale. Dunn said he did have
it for sale, but he was sh'ut down for the cff season. Councilman Wishart asked if Dunn
had had any trouble with people taking the beer off the premises. Dunn said mostly
people drink it on the patio. Dunn has had no complaints, no cups in the streets.
Mayor Standley asked for opponents. There were none. Mayor Standley closed the public
hearing.
Councilman Wishart moved to approve the license for a 3.2 beer' license for Paco's
Tacos; seconded by Councilman Van Ness. Councilwoman Johnston asked that the motion be
amended to state that the applicatant having established that the reasonable~.requirements
have not been met for the establishment and that the inhabitants desire the issuance of
this license, that the license is hereby granted for a 3.2 beer license and that this
licenses should be restricted to this type and character. All in favor, motion carried.
M.A.A. LEASE - WHEELER BASEMENT CAFETERIA
. Jan Collins requested Council to renew the lease fore the cafeteria to M.A.A. for another
Wheeler Bas~enf year. Ms. Collins said the lease expires this April and they would like to operate one
Cafeteria - more summer. Ms. Collins said they are looking for another space, but have not been able
M.A.A0 lease to find one. Councilwoman Johnston suggested structuring this lease like the Pub lease,
renew to the first of 1979, with the City's option to renew for six months, and 60 day
notice. Ms. Collins asked if progress on the Wheeler were not rampant, then is it
possible they could go another year. Mayor Standley said this is possible; the City
would like to keep their options open.
Councilwoman Johnston moved to the M.A.A. lease until January 1979 with options
approve
to renew for slx months and a 60 day notice; seconded by Councilman Behrendt. All in
favor, motion carried.
ASPEN CLUB - Application for a three-way liquor license
Mayor Standley opened the public hearing. City clerk reported the files, posting and
publication were in order.
Regular Meeting Aspen City Counc~£
Ashley Anderson, representing Robert Goldsamt and the Aspen Club, of which Goldsamt is
the sole stockholder, told Council this is an application for a three way license without
extended hours. The facility will be located in the Recreation building at the Callahan Aspen Club
subdivision. The facility will look out over the tennis, squash and racquet ball courts. Application for
The seating is variable and could serve up to 75 persons. At present they plan on seating 3-way license
30 to 35, and will be basically just a service to the club. The manager of the facility
will be Marvin Huss, who is the manager of the Aspen Club.
The facility is basically a place for convenience as an accommodation for members of the
club and their guests. It will serve light meals in connection with. other uses of the club.
Anderson presented a menu. Anderson told Council that the facility will be open when the
recreation building is open; they will not have extended hours, and it will not be a 2:00
cocktail place. Anderson told Council they do not plan on separate advertising of the
facility. Anderson said they see this as another source of revenue to keep the fees down.
Marvin Huss told Councii the Aspen Ci~b has a membership of 850, with a total of about
1500 people. Huss said they were tr~;!ng to structure the membership fees so that anybody
could join the club. HUss said a go~d 1200 of the members are working people here in
Aspen. There are a lot of business memberships; City, County, Ski Corp, Hospital, etc.
Huss said he felt the Aspen Club had added something needed in the community.
Anderson said he felt this outlet is unique and is needed in the community. Anderson
submitted petitions in support of the application with 852 signatures who are residents
of the City of Aspen. Jeff Johnson told Council he would like to indicate his support
of the application; he feels the Club is good for the community. Johnson said he felt
the license would be good for the club. Johnson told Council he worked in Aspen and
belonged to the Club. Maurie Brodin told Council he was a janitor in town, belonged to
the Club and likes to play squash or tennis, and would enjoy a drink after using the
Club's facilities.
Councilwoman Johnston said She had no problems with a good club getting a license, but
feels if this is known as the place to go by the public, it may start generating traffic.
Anderson pointed out that the emphasis will be on members and their guests. Anderson
said they agreed in the subdivision agreement to do a shuttle service. They plan to do
this and are trying to figure out the peak times, etc. Councilman Wishart said he felt
that not many non-members will go out there unless they have someone to watch or to meet.
Councilman Wishart said he did not think this would appeal to the drinking public.
Councilman Van Ness asked if the Aspen Club were planning on opening a restaurant eventually.
Anderson said that was a possibility. Anderson said they may come in for approval to
move the location; this depends upon where the restaurant goes.
Mayor Standley said if Council approves this license, they could stipulate that the
license must be convert%d to a club license in five years or at anytime sooner that the
state legislature changes the law. Councilman Behrendt said he thought the club should
have a license but questioned whether the public should be able to float around.
Anderson said the Club would continue to have membership signs.
Mayor Standley said he had been opposed to all liquor licenses; however, on this specific
application, it was always represented that it would be a licensed premises and that it
would have a restaurant, but that it would be run as a club. Mayor Standley pointed out
that an establishment has to operate for five years before they can have a club license.
MayOr Standley said he would be willing to approve the license with three conditions;
(1) that the Aspen Club convert to a club license after five years or at the time they
legally can do so, (2) stiputlate that no advertising be made either on the radio or
the printed media of their food service and liquor license, and (3) Finally, as stated in
Section 13 of the Subdivision Agreement, the have a shuttle service to the club. Mayor
Standley said he would like to have them submit their shuttle service plan and program
to ~. J. Stalf for his approval and subsequent approval by Council no later than the
January 23 meeting. Anderson said he had no problems with those stipulations.
Counc~i~lman Van Ness pointed out that the City bus service goes right past the Club. Stall
sa~d tne Mountain Valley route goes to the entrance. Councilman Van Ness said he would
like to see ~some monitoring being done so that they don't end up running an empty bus
every 15 minutes. Anderson suggested that Stalf could monitor the bus service and suspend
it if it were empty.
Mayor Standley asked for opponents to the license. There were none. Mayor Standley
closed the public hearing.
Councilwoman Johnston moved that based upon the evidence presented at a public hearing
held January 9, 1978, relating to the aspplication by the Aspen Club for a three-way
license with non-extended hours, Council finds that they established that the reasonable
requirements of the neighborhood have not been met; that the inhabitants of the neighbor-
hood desire the issuance of this license; and that the license is hereby granted for a
three-way license with the following conditions; (1) agree to convert to a club license
within five years or whenever legally possible, (2) stipulation to do no advertising for
their food service or liquor, (3) shuttle bus service plan be provided for five years as
in the original subdivision agreement, this plan to be okayed by H. J. Stalf and referred
to Council and that this license is restricted to this type and character of operation.
Council has found the moral and financial character of the applicant to be all right.
seconded by Councilman Van Ness.
Mayor Standley asked Anderson if they were planning to serve on the deck in spring and
summer. Anderson said they planned to as soon as the snow is gone. Mayor Standley
suggested amending the premises now so they don't have to come back with an 18-E in the
spring. Anderson outlined the porch area where they planned to serve.~
All in favor, motion carried.
Aspen City Council January 9, 197~
SPECIAL EVENT PERMITS - Aspen Junior Hockey and Skating
Tim Cottrell told Council this is an application for special event permits to sell beer
during the hockey games this winter. The dates will be January 19, 20, February 11, 25,
March 4, 18, 24, 25, 31 and April 1. Councilman Parry asked what would be done with the
profits. Cottrell said he was not sure how much they would make. They are trying to sell
Special Event beer beCause they have to pay for ice time, referees, uniforms, and travel to Sun Valley.
Permit -Aspen Cottrell said the Junior Hockey program ends up in the red every year. There is food
Junior Hockey snack bar upstairs and they intend to sell beer from there and at a counter at the other
end of the rink. The rink will take a cut of the sales, and the hockey program already
pays for ice time. The original agreement with the rink is a 75/25 split.
MaYor Standley said he would rather give a cash donation from the City than do this.
Cottrell said they were trying to get as many people to hockey games as possible. They
should be able to make some money on this. Councilman Behrendt said there are no
complaints from the neighborhood as long as the activities are ice related.
Councilman Behrendt moved that the special event permits be approved for the ten dates
requested; seconded by Councilman Wishart.
Cottrell said the dates may vary due to cancellations. Cottrell asked if a game were
cancelled, would it be acceptable to change the permit. Council agreed. Councilman
Parry said he hated to approve this for the hockey team to make money and then have the
rink jack the price up. Cottrell said at this point it is set at 75/25; the hockey team
pays the gate, pays for ice time, and pays for referees.
Councilman Behrendt amended his motion to include 75/25 cut of profits to the Hockey
Club; seconded by COuncilman Wishart. All in favor, motion carried.
JOINT MEETING WITH COUNTY COMMISSIONERS
Commissioners Child and Kinsley were present.
1. F.un~.ing .Revue.St fpr ~ir Pollution space and Channel 11. Jeff Davis, County Engineer,
told the Boards they were having difficulty getti'hg information on air pollution out
to the public so that they can understand it. Davis stated it is difficult on the
Funding request present system to change the air pollution index.
for air pollu-
tion index on Ron DeWillers showed a keyboard that could be installed at the Wheeler Opera House where
channel ll
the air pollution controls are. DeWillers explained the channel 11 set up. The top,
red portion will be assigned to public service only, it will have highway patrol messages,
etc. on it. The center, blue portion will have 8 lines of message on it. This can use
any color on a line to line basis to call attention to key messages. Page 1 will be
for air pollution indeX; pages 2 through 63 will be for advertising. The channel will
keep flashing back to the air pollution information between every commercial. KSPN will
have radio background music on this channel.
Commissioner Kinsley asked why not put this information on the weather station. DeWillers
said the two stations were not compatible. The weather forcast is a different language.
Commissioner Child asked how they would get people to watch this channel, and what group
of people would this be made up of. DeWillers said there are in excess of 4,000 tele-
vion receivers here. Councilman Behrendt said he understood that cable television reaches
only 28 per cent of the televisions in the County. Mayor Standley pointed out that given
the weather system which requires slides, the City and County environmental health officers
ought to be able to come up with a standardized set of slides in increments of 5 for
the weather channel. There ought to be a call-in service to see if people are watching
this and responding to it and what is the value of the information. Mayor Standley said
he would rather try it this way on an experimental basis. Mayor Standley pointed out that!
this is not a budgeted item. DeWillers said that the election space of the slides is
for commercial space on Channel 11.
Commissioner Kinsley said the effect of' this approach Would be to have two stations with
data. Kinsley stated he would be hard pressed to believe that it isn't technically
feasible to integrate the essential information on the existing station. Kinsley said
it is unnecessary to create two different things for people to look at; it will dilute
the impact of the information. '~'
Commissioner Kinsley moved to deny this proposal and to say that the City and County
would be willing to look at other proposals to include some distilled down air pollution
informtion on the existing weather channel; seconded by Councilman Wishart.
Jeff Davis pointed out that on Christmas Day he was very close to calling an alert, the
air pollution index was 85 to 90. 100 is unacceptable. DeWillers explained that he had
a three year contract with Canyon Cable. He will charge the City and County $2500 each
to sign for page 1 for air pollution information for three years.
All in favor, motion carried.
2. ~..pen/Pitkin Count~. Land Trade. Brian Stafford told the Boards that basically this
is land trade of City-owned property right behind the Courthouse and the County-owned
LandTrade - property of Aspen One portion~ This proposal is an acre for acre trade. Stafford
IAspen/Pitkin illustrated on a map that the County has a situation where the land ownership is split.
/Q~County The County has a long run interest in building a law enforcement facility in the future
which could be located on this land. The advantage for the City acquiring the County-
owned land is that the City has intentions of developing this as a park along the
Roaring Fork River.
Stafford said he had talked to Planner Bill Kane about his concerns of this trade. Kane
said the City may be interested'in building on a portion of the land in question for trade.
Regular Meeting Aspen City Councl£ u~u~ ~, ....
Councilman Behrendt asked if that site was to be for the performing arts center. Staffordli
answered that it is possible that a portion of the bottom part of the property would be ii
used for the'performing arts center. Councilman Wishart asked about access to the Rio
Grande porperty. Stafford said the City could reserve an easement for access to the Rio ~
Grande. Commissioner Kinsley said he did not have any strong feelings about this.
Councilman Parry asked what the advantages were to swapping pieces of land. Stafford ~
answered this would allow Pitkin County to have oontiguous ownership in one area, and thisl
land will be the future potential site for a law enforcement facility. Stafford offered:!
this for consideration. The Boards decided they were not interested at this point. ~
3. John Musick Request for Joint Work Session. John Musick told the Boards that he had
had a request by certain parties to resolve the Hunter Creek litigation. Musick passed
out a confidential memorandum. Musick told the Boards that he had talked to City and
County staff and felt this is so sufficiently important that he did not want to make the John Musick
decision himself. This matter requires the talents of all the staff thinking about the water work session
resolution of the problem. Hunter Creek
Musick informed the Boards that he needed an engineering study to complete the litigation
on Hunter Creek. This should not cost more than $750 to $1000. By the time the engineerihg
study is complete, MUsick's analysis should be complete and he should be ready to sit down
with the City and County to go over the matter in detail. Musick pointed out that his
work is already included in the budget. The work by the engineering firm is not.
Commissioner Kinsley moved to jointly appropriate a maximum of $1,000 for engineering
comments; seconded by Councilman Parry. All in favor, motion carried.
Musick said he would submit a memorandum of information before the meeting, Musick pointed
out that there is a question as to whether water is available in Hunter Creek and could be
acquired. All the minimum stream flow studies have been by-Pass to the forest boundaries.
This has to be investigated. Musick said as part of the settlement, the City and County
should comple ColoradO Water Conservation Board to conduct an in-depth study on lower
Hunter Creek. This will be a fairly substantial undertaking. Musick said all this should!i
be ready around the last of January or first of February.
4. Citizen Participation.
Mark Strotsky told the Boards there was a third fatality on State Highway 133, which ~
brings up the despicable condition of State Highway 82 in the City of Aspen and the CountyI
of Pitkin. The State was granted one million dollars for immediate safety improvements.
The Highway Department has not done these improvements. Strotsky stated it is the policy
of the State Highway Department to cut back on sanding. They are doing this because they Condition of
want a gaSoline %ax increase. In response to this, Strotsky urged the Council and State ~ighway
Commissioners to write a letter to Colorado Division of Highways and Governor Lamm regard-i 82
ing the lack of maintenance on State Highway 82 and 133 and the delay in improvements thati
were authorized almost a year ago. Strotsky asked the Boards to consider placing a bannerl
across Main street telling people this is a state highway and if they have difficult to
write to the State Highway Department. Strotsky said preferably, he would like the City ~
and the County to jointly seek information on initiating a suit against CDOH to remedy
these deficients. Strotsky stated Pitkin County has antagonized them and they have antagon-
ized Pitkin County, and there is nothing to lose by antagonizing further. Mayor Standley
pointed Out the City has a contract signed for $1,000,000 worth of work. Mayor Standley
said he was not going to push any buttons.
SUBDIVISION EXEMPTION - Annan
Karen Smith, planning office, told Council this is a request for subdivision exemption
for lots 14 and 15, Pitkin Mesa subdivision. The request is being made subject to
Ordinance ~53, Series of 1977, which now requires that in the event of condominiumization, Subdivision
there must be statements made relating to the impact on existing tenants and impact on Exemption - Annan
the local rental housing. There are two duplexes on these lots.
Bob Hughes, representing the applicat'ant, told Council there were concerns on the City
Engineer's part with a sewer easements which runs underneath the deck on lot 14 and
underneath the balcony on lot 15. Hughes said he had spoken with Metro San who stated they
never have and will not make use of these easements. The other problems is that the
subdivision plat shows a 30 foot roadway easement. Hughes stated this h~s never been
occupied. There is a concrete retaining wall on the property. Hughes outlined the site
for Council. Hughes said he agrees before final recording to work this easement out with
Dave Ellis. Hughes said he felt they could take care of the problem with appropriate
dedacatory language.
Hughes stated that Mr. Annan is willing to go along with the six month lease restriction
and the 90 day notice to existing tenants. There is 9nly one existing tenant, Mr. Annan'si~
housekeeper. The duplex on lot 14 will not be listed. The duplex on lot 15 is a brand
new building and has not been occupied; therefore, there cannot be tenant displacement.
Hughes said assuming the tentative figures Council has adopted on low and moderate income :
and assuming 80 per cent financing and running the figures out the range would be $43,200
to $86,000. On lot 15, the larger duplex, which contains two 1300 square foot units
will be listed at $137,500 a piece. Hughes told Council that Mr. Annan had received a
bona firde offer to purchase both duplexes at $275,000. Hughes stated that given the
selling price and the recommended income figures, these are not within the scope of low
and moderate income housing. Hughes pointed out that two sessions ago, Council granted
an exemption for Lindner of units at 1300 square feet being offered for $100,000.
Another concern of Ordinance ~53 is evidence that units would be purchased be local
employees. Hughes said he had been authorized to indicated to Council that Oates, Austin
and McGrath is currently negotiating to purchase one of the units for their employee.
Hughes also offered as eviden6e th'at in this subdivision there are already three condo-
miniumized duplexes. On lot 13 960 square feet solf for $92,000 and 1100 square feet sold~
for $88,000. ~
~egu±ar ~eetlng Aspen City Council January 9, 1978
Planner Bill Kane said with the condition that Engineer Dave Ellis has the authority to
check the final plat, the planning office recommends approval. Kane told Council this is
a difficult case. The buildings are there, and Annan has a certain investment in them.
Kane said he did no~ feel the City could look at the building for low and moderate income
housing. Hughes agreed that nothing would go of record until Ellis is satisfied.
Councilman Parry moved to approve the subdivision exemption for lots 14 and 15, Pitkin
Mesa subdivision including the condition of working with Dave Ellis and subject to
Ellis' approval of the final condominium plat; seconded by Councilman Van Ness. All in
favor, motion carried.
HOUSING REPORT
Kane told Council that Chuck Vidal is being retained as a consultant ~o the City to work
out definitive guidlines to review all housing projects under the growth management plan,
Housing There are three tentative categories; low income of $12,000 or under;moderate, $12-18,000
income; and middle $18-24,000 income. These would translate into costs for housing.
Chuck Vidal told Council he would use this time as a status report. Vidal was going to
try to attempt to establish salary classification and translate these into actual prices
for the development committee to look at. Vidal said right now he has problem with the
form; it is hard to talk about price per se. The City will have to relate each project
as to the form of housing in that project.
Vidal said he is restating the County's general policy and goals for housing to accomplish
this. Vidal has recommended the creation of a housing advisory group whose function will
be to look a5 specific problems in the evaluation of this policy. Vidal said he is
trying to get people for this group who have experience in specific disciplines; these
people will be from the private sector who have addressed housing. Some of the recommended
names are Pete DeMuth, Snowmass, Jim Reser, Rick Ferrell, Don Ensign, and Vidal. Vidal
said he would like Council to consider utilizing this committee as an advisory for the
City's housing authority. The committee will not have any enactment authority. Vidal
advised Council to keep the authority.as the public housing authority. Vidal reminded
Council that the low income group will be predominantly related to rental housing.
CITY HOUSING REPORT Employee Housing a~ the Water Plant
City Manager Mahoney said the staff wants ~o know if Council wants to pursue the project
Employee Housing at the water plant, and (2) how does Council envision this. Does the City build and
at water plant sell, build and rent, lease to a housing authority, or long term lease to a developer.
Mayor Standley said the question was left that since this property is an the County, the
City has to decide whether they want to annex or go through application with the County.
Don Ensign told Council the site has very few building problems; there is water and sewer
available. If the City were ~o operate under the density of multi-family, they could have
as high as 200 units. There is some problem from the traffic standpoint with the inter-
section of Highway 82. Councilman Parry asked if an evaluation on the problems with
County has gotten into with employee housing has been done. Councilwoman Johnston said
she was more interested in enabling legislation ~o help with employee housing. Council-
woman Johnston said she did not want the City to be doing it.
Councilman Behrendt said he was not interested and does no~ want to develop this land.
This is open space and the City may want it open space in the future. Kane told Council
that the Commissioners will exempt PMH projects from the growth management plan.
Council asked that Vidal and Design Workshop pursue this project. Kane pointed out to
Council that if they are interested in having this land developed, there are different
ways to approach it. One would be a land lease; the City would design the project and
cut the land cost out from under the project. The private operators can bid the project.
Councilman Van Ness said he would prefer ~o see costs for this type of project. Council-
man Wishart said he would like to see the figures expanded for one bedroom and studio
units.
Vidal said there are certain activities that have to be gone through. One is the fine
tuning of the classifications of salary and price ranges. The City will have to dsfine
where they want to concentrate, which income group to satisfy on this project. Council-
man Behrendt asked for a value to be set on the property with an appraisal.
Councilwoman Johnston moved that the administration be instructed to pursue the possibility
of employee housing at the water plant; seconded by Councilman wishart. All in favor,
with the exception of Councilman Behrendt. Motion carried. Councilman Behrendt left
the Council Chambers.
PARR DEDICATION
Gideon Kaufman addressed Council on the unfair park dedication fees on existing structures.
Kaufman said he realized this ~s being contested legally and will not address this
Park Dedica- legally. Kaufman told Council he was not upset about the idea of a park dedication fee.
tion fee report He is, however, looking for an equitable formula. Kaufman presented some examples and
stated that the present formula discriminates against smaller and older lots. The
formula breaks down and the size of the lot carries disproportionate weight. It would
be better if the formula was gear to logical criteria, as in the commercial area where
· h~ park dedication fee is a straight percentage. If you have a park dedication fee on
an existing structure, it would be better geared to a 4 per cent rather than tying it
~o variable lot size.
Kaufman pointed out that the Schiffs sold existing units a~ $60,000 and they were sold
to existing tenants. The park dedication fee was over $17,000. Kaufman is asking Council
to take this into account and to come up with a formula that is fair to everyone and does
not discriminate against the older lots in the City. Kaufman pointed out there is an
exemption from park dedication fee if the project is employee housing. The Council might
~e_~e~g Aspen City Council January 9, 1978
to consider giving people a break if they sell units to local employees. Kaufman stated
that the cost of land has gotten so high that the differences in dedication fees are
much greater.
Mayor Standley stated that Kaufman has made a fairly convincing argument. Councilman
Wishart agreed. City Attorney Nuttall stated it might be appropriate to have a study
session on this. The City has a park dedication fee in front of district court right
now. The City may want to wait for that before they make a determination. Mayor
Standley instructed Mahoney to come up with other formulas that will still serve the
City's ends. Councilman Parry agreed he would like to see some alternatives.
PUBLIC HOUSING AUTHORITY
Jenifer Carr told Council that the public housing authority was not done in a manner that
is procedurally accepted by HUD or the Department of Local Affairs. This can be important
for funding. Ms. Carr stated she would like to start the process all over again. The
Public Housing
next step is to publish and set a date for the public hearing as to whether or not an
authority is needed in the City of Aspen. Ms. Carr asked that the public hearing be Authority
set for January 23, 1978.
Councilman Wishart moved to set the public hearing on this for January 23, 1978; seconded
by Councilwoman Johnston. All in favor, motion carried.
SUBDIVISION EXEMPTION - Grimes
MS. Smith told Council this is a request for a subdivision exemption for lot 12, Pitkin
Mesa subdvision, to condominiumize. The building is in existence. With respect to Subdivision
Ordinance %53, Series of 1977, Mr. Grimes intends to purchase one-half the duplex and
Exemption -
rent it to his daughter, who is a local employee. Cooley Investment will purchase the Grimes
other half and rent it to a local employee. Full compliance with the ordinance requires
six month lease restriction and 90 right of first refusal. The planning office recommends
approval of this request.
Councilman Parry moved to approve the subdivision exemption with conditions outlined;
seconded by Councilman Wishar~. All in favor, motion carried.
ORDINANCE ~46, SERIES OF 1977 - Salaries
Mayor Standley opened the public hearing. Mayor Standley pointed out the administration
had requested changing the Chief of Police from grade 23 to 25 and adding a deputy police
chief at 22. Councilwoman Johnston said her main concern with this ordinance is where
Ord.46,1977
is skips from grades 9 to 10. Councilwoman Johnston said it would be clearer if the two Salaries
steps were put in and there were no jumps. Councilwoman Johnston also wanted to know
where the grant coordinator fit in. Bill Dunaway wants to know why the Chief of Police
was changed from a 23 ~o a 25.
Finance Director Butterbaugh said it was her understanding that City Manager Mahoney
has the flexibilfty to go beyond G steps in any salary range. Under past experience,
the City has department heads who have gone beyond the lasy step. Mahoney had the
authority to hire a police chief at any step. Mahoney told Council that previously he
was operating under a different ordinance. This salary classification is based on the
lob description, and there is a factor of experience, which makes an employee important.
Mayor Standley closed the public hearing.
Councilman Wi~hart moved to read Ordinance %46, Series of 1977, with Councilwoman John~
ston's two inclusions and Mahoney's two inclusions; seconded by Councilman Parry. All
in favor, motion carried. City Attorney Nuttall said she would prefer that Council
republish with the inclusions and set another public hearing date. These inclusions are
rather significant. Councilman Wishart withdrew his motion.
Councilman Wishart moved to include the amendments of the Chief of Police and Deputy
Police Chief and the incremental steps; seconded by Councilman Parry. All in favor,
motion carried.
Councilman Wishart moved that Council feels it sufficient that because the pay raises
that were based on this ordinance were covered by the budget that it would be appropriate
to go ahead and implement them as of the January 15th pay period; seconded by Councilman
Parry. All in favor, motion carried.
GOLF COURSE
City Manager Mahoney told Council that Recreation Director Armstrong had been in touch
with Hummel, who was going to come to town to pursue the expansion of the golf course.
Golf Course
Mayor Standley reminded Council that the City was going to see if they could support
through revenue bonds an 18-hole golf course. This item will be brought back when there
is more information.
ELECTRIC SWITCHING STATION PURCHASE
Mahoney requested an executive session with the Council. Mahoney said the staff was
requesting $119,000 for land for an electric switching station. Mahoney told Council
Electric
the City needed to bring 155 KV down the Rio Grande right-of-way. It is necessary the
Switching
City have 115 KV because the 69 delivered at the Chit Shops is inadequate. Mahoney Station
outlined the two pieces of potential property; one is 4700 square feet, the other is
Location
13,000 square feet and has been offered to the City for $119,500. Mahoney presented a
model of the proposed switching station, which will be 2,000 square feet.
2343
Regular Meeting Aspen City Council January 9, 1978
Councilwoman Johnston pointed out that the City owned a lot of land down in this area
and it seemed a shame to buy more land to put a switching station on. Mayor Standley asked
about the piece of land on the other side of the river, which the County owns, where Red ~
Mountain Road was re-aligned. Mayor Standley said he would like the staff to look at
other possibilities. Ms. Butterbaugh told Council there were some problems with hitching
on to the sewer.
CLEAN AIR ALERT
Mahoney told Council he had made a deal based on the recommendations from the Clean Air
Advisory Board that the City would do a voluntary car intercept. Mahoney said he wanted
Clean Air to make it clear that this is a voluntary thing. If the County does call an alert,
Alert Mahoney's inclination is to remain on a voluntary status. The City will voluntarily ask
people to park their cars at the intercept lot. If they do not do that, the City will
not use any other constraints on them.
Councilwoman Johnston said would rather see the City spending their energy and money
in preventing an air alert from happening. Councilman Wishart said it makes more sense
in doing it that way. Councilwoman Johnston suggested the City establish their own test-
ing station for how much pollution cars emit. Mayor Standley pOinted out there were
14,000 cars registered here and 3,000 rental cars.
ORDINANCE ~1, SERIES OF 1978 - Alternates to the Mall Commission
Councilman Van Ness moved to read Ordinance #1, Series of 1977; seconded by Councilman
Parry. All in favor, motion carried.
Ord. 1 ORDINANCE #1
AlterD~tes (Series of 1978)
to Mall
Cc~m~ission AN ORDINANCE AMENDING ORDINANCE NO. 57, SERIES OF 1977, BY PROVIDING
FOR THE APPOINTMENT OF TWO (2) ALTERNATE MEMBERS OF THE MALL
COMMISSION was read by the city clerk
Councilwoman Johnston asked about provisions for voting and going to the meetings. Mayor
Standley suggested appointing them alternate number 1 and number 2.
Councilman Wishart moved to adopt Ordinance #1, Series of 1978, on first reading; seconded
by Councilman Van Ness. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Wishart,
aye; Van Ness, aye; Mayor Standley, aye. MotiOn carried.
ORDINANCE #2, SERIES OF 1978 - Adopting Electric Code
City Attorney Nuttall told Council that this was strictly housekeeping to adopt the 1978
edition of the electrical code. This does not have any changes.
Ord. 2 Councilman Van Ness moved to read Ordinance ~2, Series of 1978; seconded by Councilman
Electic Code Wishart. All in favor, motion carried.
ORDINANCE #2
(Series of 1978)
AN ORDINANCE ADOPTING BY REFERENCE THE NATIONAL ELECTRIC CODE, 1978
EDITION, AND AMENDING CERTAIN SECTION OF CHAPTER 7, ARTICLE VI OF THE
ASPEN MUNICIPAL CODE was read by the city clerk
Councilwoman Johnston moved to adopt Ordinance ~2, Series of 1978, on first reading;
seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Van Ness,
aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried.
Councilman Parry moved to adjourn at 8:20 p.m.; seconded by Councilwoman Johnston. All
in favor, motion carried.