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HomeMy WebLinkAboutminutes.council.19770926Regular Meeting ... Aspen City Council September 26, 1977 Mayor Standley called the joint meeting to order at 12:10 p.m. with Councilmembers Behrendt, Hershey, Johnston, Parry, Van Ness, WiShart, Commissioners Child, Edwards and Kinsley present. 1. Land Acquisition. Bruce Oliphant told Council he wanted to talk about purchasing Randall property the Randall property. Hopefully, they will bring a process for land acquisition in later. The planning office and Pitkin County Parks Assocation are working on this. Randall had a piece of property located at the bottom of Hunter Creek for sale. The Parks Association had an appraisal, which was $200,000. If the land can be purchased and kept as a park, Randall will take off $50,000 as a gift. The PCPA bought on option on the property from Randall; Randall would like the rest of the money by December 31, 1977. Oliphant said he needed to find out the interests from Council and the Commissioners to help purchase the property. Oliphant said there are 15 acres, zoned R-30, Councilman Van Ness said he would be interested in a site inspection. Commissioner Child asked if there would be numerous management problems with the property. Oliphant said the only management would be keeping the trail and river cleaned up. Oliphant said he needed to know whether the Boards would be interested in the purchase or whether they should start talking to TPL or Nature Conservancy. Councilwoman Johnston suggested that this is a natural for BOR; they will accept the gift as part of the match. Councilman Wishart said he would be interested but was not sure the City had the money. Mayor Standly stated this was .not on the City's list of three priority pieces of land already discussed, and the City just spent $90,000 to purchase Little Cloud. Commissioner Kinsley said he felt they ought to have this piece of property. One the other hand, there are a whole lot of other pieces of property the County needs to purchase. A decision has to be made which ones are needed the most. Councilman Behrendt asked for something from the planning department giving the actual development on the property. Commissioner Edwards said there is supposed to be a meeting about land acquisition in general. The County has high priority parcels; there are two on the other side of town. Commissioner Edwards said he was interested in this property, but felt that all three pieces ought to be looked at. The Randall property is reasonably priced, especially with the 25 per cent being given as a gift. What kind of funding is available ought to be outlined. County Manager George Ochs told the Boards that he and John Stanford were working on developing aprocess so that any property can be brought forth and have a series of check offs to establish their desirability and priority. Ochs said he would like to get this into resolution form so that the County can have something to work on. 2. Economist Position. John Faulkner called and put this off until the next meeting. 3. Encroachment Request. Marty Kahn showed on a map where the property was located off of Queen street. Ms. DeCray needs an easement for a water hook up to go from the City Queen Street into the County. The permission of both the City and County is needed. This was approved easement by the County P & Z last week. DeCray Commissioner Kinsley moved that the County sign the easement agreement; seconded by Commissioner Child. All in favor, motion carried. Kahn said that with respect to the City extension, if a water transmission line is extended this has to be approved by ordinance. County Attorney Stuller said a trans- mission line extension is to serve a certain area which which distribution lines will be connected. This is a desire to serve only one connection. Councilman Hershey moved to approve the water extension and the easement agreement; seconded by Councilman Van Ness. All in favor, motion carried. ~u~r ~eetlng Aspen City Council September 26, 1977 Wheeler Opera 4. A-95 Reviews. (a) Wheeler Opera House Restoration. John Stanford, planning office, House recommended a favorable comment on this grant submitted or 1978 This is a contanuing application for historic preservation. The request is for $183,600; the City will have to come up with half of the money. Mayor Standley asked if work done by the CFB and M.S.S. could be considered in-kind. Stanford said he was checking on this. Councilman Parry moved to approve with favorable comment with an additional commen~ as drafted by Betty Erickson; seconded by Councilwoman Johnston All in favor motion carried. · , (b) Weatherization Program for Low Income. Commission Kinsley pointed out that there Weatherization has been a lot of problems in the state with fraud in the insulation business. This is something to be aware of and the admir~stration should have this in mind. Mayor S~andley asked what the history of weatherization grants has been. Ms. Erickson said that Heidi Hoffman had been researching this and had not found anyone qualifying in this region. Mayor Standley pointed out this grant was for $2000 of which 10 per cent would be for administration. This leaves $1800 for weatherization for elderly, which probably will no5 even pay for weather stripping. Ms. Erickson said the homes average about ~400 for weatherization. Commissioner Kinsley moved to approve with favorable comment and with the qualification that we are aware of some problems with fraud in insulation in the state and the adminis- trators should bear this in mind; seconded by Councilwoman Johnston. All in favor,- motion carraed. 5. Citizen Participation Harvey Gilmore, one of the owners of Mellow Yellow Taxi, asked the Council and Commissioners Mellow Yello if they had any place where the taxis could be stored when they weren't being used during Taxi the off season. They are presently stored adjacent to 700 Hopkins. Several places were storage discussed. Councilman Wishart said this is a problem that many people have. If the City lets Mellow Yellow park their cabs, other people will be in for the same requests. Council- man Hershey agreed. Councilman Parry said to check with the Ski Corp. Mayor Standley said it would be tough for the City to start allowing storage on City property. COUNCIL MEETING MINUTES Councilman Behrendt moved to approve the minutes of the September 12 1977 meeting; seconded by Councilman Van Ness. ' ' CITIZEN PARTICIPATION 1. Jon Busch said it had come to h~s attention that during budget session the City has %-'Fluoridated been considering eliminating fluoridation in Aspen's water supply. Busch said he would Water be fully supportive of this action as fluoridation is beneficial only to children. Busch said that scientists have stated that statistical studies based on a survey of 500,000 show there as a high death rate from cancer in communities with fluoridated water. 10,000 cancer deaths annually can be attributed to fluoridation. Busch asked the Council to consider suspending fluoridation until the Birk scaentific study can be studies. Busch asked if one or two cavities is worth the life of a person. 2. Robert Freeman told Council he had a problem with parking personal vehicles in the Downtown downtown core area. Many people who live downtown live in old buildings and don't have resident park. garages. Freeman asked the Council to consider having a permit system for the Rio Grande. The Rio Grande was purchased with seventh penny taxes for the purpose of parking and this is a possible solution. Mayor Standley said he would have City Manager Mahoney look into this and report back to Council. COUNCILMEMBER COMMENTS 1. Councilman Wishart asked if any other Councilmembers were interested in changing the meetings back to 5:00 p.m. Councilmembers decided to discuss this in December. 2. Councilwoman Johnston asked tha~ the grantsman position be added to the agenda and discussed under City r~anager. 3. Councilwoman Johnston asked for a review of the progress on the Rubey Park bus stop. The HPC was distressed and did not pass the plan, but there is work going on at the Rubey Park building. Finance Director Butterbaugh told Council this is a two phase project. The Bus Stop second phase as above grade, that is what the HPC is holding on. Putting the brick and the footers in does not require HPC approval, and will be an added improvement anyway. 4. Councilman Behrendt thanked the administration for the annexation policy report. Councilman Behrendt asked that the engineering department revise and update the report so that the Council has the right data in case they want to go ahead with some annexations. GMP 5. Councilman Behrendt asked that City Attorney Nuttall draft an amendment o the growth management ordinance incorporating retiring units as the City purchases land~ Councilman i amendment Behrendt said he would like to have that tool available before the public hearing. Mayor Standley said that should go through.P & z first. Mayor Standley asked City Manager Mahoney to take this idea to projects task force and get comments from them and engineering for the October llth meeting. 6. Councilman Van Ness said that Council should have a policy about meetings days when Holiday meetings they conflict with holidays so that Council knows when the meetings are golng to be. Council decided to discuss this at the next meeting. Regular Meeting Aspen City Council September 26~ 1977 Husky teams 7. Councilman Van Ness asked if the City was going to allow husky teams at the golf course, golf course These dogs howl and perhaps some of the neighbors will be howling. Mayor Stand!ey said it was totally up to the P & Z to make a use determination. City Manager Mahoney pointed out that the City owns that land. Mayor Standley said to let this project go to P & Z, and if they approve the use, the Council can conSider it. 8. Councilman Van Ness said that the utility rates in the City of Aspen are higher than City Utility those of Holy Cross. Councilman VAn Ness said he would like to see the City get in line Rates with Holy Cross. Councilman Van Ness pointed out that the 50 per cent penalty on water rates seems to be affecting mostly small users. Rather than penalizing people, the City should be rewarding people for putting meters on. Finance Director Butterbaugh said ther.e is very little flexibility in electric rate~. The City buys there power from P~blic Service Company. Out of a $900,000 budget, $780,000 is for purchase of power. Mayor Standley said the Council restructured the entire rate system after a long, thoughtfUl process. The report is available to be studied. The report addresses what is ~fair and what is the cost of doing service. The City runs the electric department as an ente~pri~se fund. Councilman Van Ness said he would like to see some comparisons between City electric and Holy Cross. Mahoney said he would get these. 9. Mayor Standley asked for a report on the employee housing at the water plant. Water Plant Employee housing 10. Mayor Standley told Council that Parry Hakkinson, Director of Transportation in Sweden had commended the City on the bus system, how easy it is to use, and how well run it was. 11. Mayor Standley told Council there would be a 6:00 p.m. meeting Thursday, September 29, in the Council Chambers to meet John Coleman who is negotiating for the purchase of Institute Pur- the Institute and who wants to address Council on the statUs of his negotiations, chase 12. Mayor Standley pointed out the City has a mall advisory committee which has nothing to do with Council and which has no real authority. This committee meets with City Mall Committee Manager Mahoney whenever he needs them. Mayor Standley asked if Council were interested in formally appointing a mall commission again or leaving it as it is now. Councilman Behrendt said he wanted to see it as a commission appointed by Council. Councilwoman Johnston said if the purpose is to adminisiter the present mall, she did not know. But if the purpose is to help with plans for a proposed new mall, then an appointed commission is important. Councilman Parry said he would like to know the commission's job and function. Mayor Standley said he felt the mall commission should be made up of people that have been interviewed by Council and that have a charge. Mayor Standley said the Council should develop a charge and a Structure and have it as a formal entity. Councilman Parry said that if the comInission can be a contributing factor and do work for the Council in design- ing and getting the proposed mall ready, then he would like to see it. Mayor Standley asked City Attorney Nuttall to take the last mall commission ordinance and have the task force put together what the roll of the commission should be and bring it the Council. LIQUOR LICENSE RENEWAL - R. Pea's R.Pea's Liquor License Sanitarian Tom Dunlop asked Council to conditionally approve the renewal because R. Pea's has some outstanding health violations that haven't yet been corrected. Councilwoman Johnston moved that the Council approve the renewal of R. Pea's conditioned upon the fact that the approval does not become valid until they have responded to all of Dunlop's comments; seconded by Councilman Behrendt. All in favor, motion carried. RECONSIDERATION OF NORTH MILL INVESTMENT - Application for a package liquor license North Mill Investment Councilman Van Ness moved to reconsider the action of the September 12 Council meeting; seconded by Councilwoman Johnston. All in favor, with the exception of Councilman Behrendt and Mayor Standley. Motion Carried. Councilmemb~rs Hershey and Johnston said they were willing to waive the presentation as they had read the minutes. Councilman Van Ness said the reason he' had moved to reconsider as he had changed his mind. Before the last meeting, he had not received all the materials and had not had a chance to consider and think about the problem, which he has now done. Councilwoman Johnston said besides the fact that the Council has always considared the Rio Grande as a neighborhood shopping center, the conversation centered around the needs of the neighborhood. Councilwoman Johnston said the neighborhood is not necessarily geographic concerns, but the very fac~ that tourists come in makes this a different kind of neighborhood than any other place. Councilman Hershey said he had been apProached by one of the liquor stOre owners, and the basis of his approach was the fact that another liquor store would hurt those in existence already. This is not a viable reason for denial, and might be in violation of conStraint of fair trade. Councilman Hershey said he felt the market place will determine. Councilman Behrendt moved to reopen the public hearing; seconded by Councilman Van Ness. Councilmembers Van Ness, Behrendt, and Mayor Standley in favor; Councilmembers Wishart, Parry, Johnston, and Hershey opposed. Motion NOT carried. Councilwoman Johnston moved that the Council give approval to the. application for a pack- age liquor license for the North Mill Investment C~rporation as they have shown that the reasonable requirements of the neighborhood and the desires of the inhabitants have not is seconded by Councilman Wishart. been met and that the character of the applicants~ good; All in favor, with the exception of Councilman Behrendt and Mayor Standley. Motion carried. ~=z m~e~ng Aspen City Council September 26, 1977 HOLY CROSS TASK FORCE RECOMMENDATION Holy Cross Task Force City Manager Mahoney told Council he had wanted to make the wording of the resolution so that it wouldn't be so open ended and make a commitment for the City. This has been done now. John Stanford, planning office, requested that Council accept what has been adopted in the Holy Cross Citizens Task Force resolution as the master plan for the Holy Cross property. Councilman Wishart moved to adopt the recon%mendations contained in the Holy Cross Citizen's Task Force resolution as amended; seconded by Councilwoman Johnston. Last time Mahoney felt that the City would be giving up the right of decisions and the task force would be assuming the respon~bility of the building. Councilman Hershey said he saw nothing objectionable in the ten points. Stanford told Council they were trying to get the Holy Cross building registered with the National Trust. Councilwoman Johnston asked if there would be problems on not owning the land for 20 years. City Attorney Nuttall said the City could still get loans on the escrow even though we don't have the deed. All in favor, motion carried. Councilman Behrendt moved to expand the facility planning board to include Dick Carter, Mary Helen Cattell, Barbara Conviser, Nick DeWolfe, Marty Kahn, Janet Landry, Diane Lewy, Roger Moyer, Wes Pouliot, Bob Starodoj, Carla Stroh, Missy Thorn, Laura Wheeler, Larry Yaw; seconded by Councilman Hershey. Janet Landry told the Council that this is a development board only and is appointed for one year. Their job is to make up the by-laws and procedures for a visual arts center and bring them back to Council. All in favor, motion carried. SUBDIVISION EXEMPTION - Merson Duplex Merson Duplex sub-exemp John Stanford, planning office, told Council this is a request for exemption from subdivi- sion for an existing duplex located on Snowbunny lane. The P & Z has reviewed this and given their approval with the four conditions identified in a memorandum to Council. Brooke Peterson addressed the payment of the park dedication fee. Peterson said this is an existing subdivision and the park dedication fee in this instance is not proper at there is no increased use of City facilities being created. Councilwoman Johnston asked if the dedication fee was paid at the time this was subdivided. Peterson answered no. Council- woman Johnston pointed out the City Code said it has to be paid. Peterson said at the time this was subdivided land was dedicated for parks for the West Aspen subdivision. City Attorney Nuttall said that may make some difference and is worth looking into. Hershey moved to table this item until the resolved; Councilman dedication is seconded by Councilwoman Johnston. All in favor, motion carried. FINAL SUBDIVISION APPROVAL - Gignoux/Lynch Gignoux/Lynch subdiv appr. Stanford tol~ Council this subdivision is for the creation of two lots of property behind the Concept 600 building. There is an existing building on one of the lots, and there is proposed to be a Sears building on the second lot. The P & Z gave a use determination for a Sears store in that location. Pat Lynch told Council there is presently a very old house on the lot, and the person living in the house plans to try to move the house. Stanford told Council there were a number of problems but these have been worked out to the satisfaction of the planning office and engineering department. The applicant is urging that the park dedication fee be paid only on th newly created lot. Councilman Parry asked if the project had employee housing, and if not, why is the City collecting a park dedication fee. Stanford answered the Code required in non-residential areas a 6 per cent land value fee. Councilman Behrendt asked what the guarantees were that the landscaping that is proposed will actually be done. Albie Kern told Council there is a subdivision agreement with the City. Mayor Standley asked if the alley had been vacated by the City. Kern said he had had a title company to a very thorough search. When Ms. Gignoux bought the property, she received a deed to one-half of the alley. The City gave a Mayor's deed. The title company found no proof of any vacation of the alley. Kern stated as far as he was concerned that is a City alley. Mayor Standley directed Mahoney to open up that alley. Councilwoman Johnston asked the size of the lots. Stanford answered lot 1 is 10,890 square feet; lot 2 is 12,863 square feet. Councilwoman Johnston read from the Municipal Code concerning payment of the park dedication fee. Ms. Nuttall said she did not think the City could charge for lot 1, which will not be developed. Kern said they were granting a perpetual easement on the property for 10 feet from Pat Lynch to the City. Kern explained that Bleeker street is shown as 60 feet wide all the way through. In fact, Bleeker street is not 60 feet wide; it narrows down as a result of many Mayor's deeds given out to adjac- ent land owners. The City is taking 10 feet from lot 1. City Engineer Ellis told Council that every utility but Mountain Bell was prepared to underground down there. iCouncilman Behrendt moved to approve the subdivision subject to escrow or performance bond to the City Manager for landscaping and completing that plan; subject to normal encroach- ment provisions and agreement concerning the metal building on lot 2, and subject to the seven points identified by Dave Ellis in his memorandum of September 22; and subject to the payment of the park dedication fee on lot 1 only at this time and it is not to be accepted as a waiver for the rest of the lots if they are to be further developed; seconded by Councilman Wishart. All in favor, motion carried. CONCEPTUAL SUBDIVISION Schiff apartments Schiff Concept. Subdv. Karen Smith, planning office, told this is conceptual subdivision for an existing building at 1012 East Cooper. Ms. Smith showed Council a plat of the subdivision and requested that most information requirements be waived until the preliminary plat stage. The build- Regular Meeting Aspen City councl± ~U~LL~ ~u, ~,, ing was built in 1973; it has five dwelling units, four 2-bedroom and one studio. Under the present zoning, 9200 square feet would be required. The lot that exists is 7,000 Schiff cond..~ square feet. The planning office recommends approval based on no additional land use impact. The P & Z approved this subject to (1) six month lease restriCtion; (2) 90 day first right of refusal, (3) payment of the park dedication fee, and resolution of the City Engineer's comments. These are, (1) name change to Cooper Avenue Victorians to reflect correct street name, (2) a new warranty deed should be furnished showing that Esther Schiff~ is sole owner, and (3) No current improvement survey was submitted; the warranty deed suggests that the adjacent property owner to the west may have possessory interest in the property. Ms. Schiff told Council that the two-bedrooms ren~d for $375 to $400 per month; she has offered them for sale for $60~000 plus 10 per cen{~-Df what it costs to condominiumize. Ms. Schiff said she would keep one 2-bedroom and t~e studio for rental purposes. Councilman Hershey moved that conceptual subdivision approval with respect to the $chiff apartments be approved including the four points submitted by the P & Z; seconded by Council- man Wishart. All in favor, motion carried. Councilwoman Johnston stated he biggest con- cern with condominiumizing multi-family structures is that this will take housing out of the ballpark of employee housing. CONDOMINIUMIZATION POLICY Ms. Nuttall told Council she had submitted a proposed ordinance which is essentially a ~Condomini~ization multiple choice to include enough ideas to pick and choose. There are alternative provi- Policy siOns for Council's considerations. Ms. Smith told Council this matter comes to them after initiation by Council at their May 23 meeting where policy for consideration of condominiumization of multi-family dwellings was adopted. The stated policy conditions at that time were 90 day first right of refusal, and six month minimum lease restriction. The Council also stated that condominiumization should be reviewed on a case by case basis. From there the planning office and City Attorney took the matter to P~& Z for theirl consideration of additional guidelines to help review. Ms. Smith said that in addition to the two matters of policy Council has formally adopted, the planning office requests consideration of drawing up an ordinance that asks for additional information that conversions would affect on lower and moderate income housing. This evidence could consist of illustration of minimal tenant displacement; evidence that conversion would be affordable; evidence that future sales prices would remain within the category of affordable prices. There are other areas of evidence suggested. Ms. Smith stressed that this could be flexible for a case by case review. The applicant can pick and choose which particular kinds of evidence he wishes to submit to Council. ordinance for condominiumization policy. Subsection (a) Council discussed the proposed was left in, existing tenants be given fair notice and a 90-day exclusive non-assignable right of first refusal to purchase. After "notice" "when unit(s) offered for sale'~was added. Subsection (b) as written, restriction to six month minimum leases, was okay as written. Mayor Standley pointed out that this information should be disseminated to rentors so that they know they can come to the Council if they have to move. On subsection (c), Councilwoman Johnston said the Council should get the wheels in motion to define low and moderate income housing. ~ayor Standley agreed that the Council should have a work session as the housing authority to get the definitions. (c) (1) evidence that illustrates there will be minimal tenant displaces was left in; Councilman Van Ness was opposed. (c) (2) Evidence that the conversion will not be exclusionary was left in; Councilmembers Parry and Van Ness opposed. Section (c) (3) evidence that future prices of unit resales will be become exClusionary such as subscription to a right of first refusal or any other continuing control mechanism which may be private or devised by the Housing Authority was deleted until the control mechanisms can be devised. On Section (c) (4), Ms. Smith told Council this was a balance to (c) (~) because if people don't want to buy the units, the applicant should not be penalized. Section (c) (4) was changed to that if a tenant does not wish to purchase the unit, they have 180 days from the time of Council's approval to relocate. Section (c) (5), evidence that future occupancy of the units will be made available to local employees of moderate incomes was left in. Section (c) (6) was scratched as it was redundant. Section (c) (7), evidence that the propectiv~ purchaser(s) is an employer or group of employers who intends to rent the unit(s) to his employees was left in. Section (d) regarding no approvals i~ the following conditions exist (1) long-term rental vacancy rates below 5 per cent and (b) the proposed conversion would reduce the ratio of rental and owned units to less than 1 to 4, was totally deleted. Mayor Standley pointed out that it would be virtually impossible to maintain records to check out the stated conditions. 'Council instructed City Attorney Nuttall to bring this condominiumization policy guidelines back to Council in ordinance form at the next meeting. PARKING - Off-season ticketing Off Season Anne Thoreson, traffic control officer, told Council that last year parking regulations , Ticketing were not e~forced from September to the beginning of December. There was quite a bit of congestion in September. This year timed parking has been enforced on a limited basis; this is helping the congestion. Ms. Thoreson r~commended suspending ticketing on October 1st. Councilman Parry pointed out that people still come in to town during the off season to do shopping and errands. If the timed parking regulations are eliminated, employees park right in front of their door all day long. Mayor Standley said that responsibility is on the part of the employer, not the City Council. Councilmembers Johnston, Van Ness, wishart; Hershey and Mayor Standley were in favor of suspending timed parking restrictions from October 1 to December 1. City Manager Mahoney told Council his policy regarding towing would be to tow in order to clean the streets and in order to plow the streets. ~egu±ar Meeting As_pen City_Council Se~_t~e~be_r 2_6~7 Water Plant - EMPLOYEE HOUSING AT WATER PLANT Employee Housing City Manager Mahoney said that the Council ha~ been interested in employee housing, specifically at the water plant. Through the summer the staff with the planning office working with Don Ensign have worke~ with the water plant site as employee housing. This is just a status report. At some point, the Council will have to come to a decision on whether they want to continue or not. This employee housing will 5e~ for employees, City, County, hospital, schools, public areas, on a first serve basis. EDsign told he was to look at the site and provide Council with enough information to decide whether they wanted to go to the next step and ultimately have housing at the water plant. Ensign went through the process of evaluating the site as to environmental impacts, etc. Generally there are no environmental constraints. Ensign showed Council a map which indicated the areas where there are constraints and the areas that could be built. Parcel 1, if used as a large lot single family, could be compatible. There may be a problem from Meadowood residents as they do not want any houses up there. Sites 2, 3, 4, 5, etc. will not be visible from Meadowood. Ensign said he would not suggest that access be through Meadowood. Having the hospital located next door does not seem to be a problem. Jim Markalunas has indicated that having housing at the water plant is compatible with the operation. The transportation will have to be looked at. If there is housing out here with no service, this will generate traffic. Mayor Standley said the City could do the planning and give the land under a long term lease to a contractor for building and management. Councilman Behrendt asked for the cost to the public sector for transportation support. Councilwoman Johnston said it is important to get contact with the County P & Z and find out if this will work with the growth management plan. Ensign said this land is 80 acres and is zoned A/F-1. Ensign outlined the development with a buffer of at least 50 feet, %hen cluster of build- lngs with a loop road around them and cormmon open space in the center. After looking at several design alternatives, Ensign said that high-density clusters with a low silouhette were the best. Enslgn told Council the options are to (1) develop the property ready for building and lease it, or (2) plan, develop, construct, market and manage. Council will have to decide how much, if any, they want to get into the employee housing field. RELIEF FROM ADMINISTRATIVE DELAY - Bell Mountain Sports Bell Mtn. SPorts City Attorney Nuttall said that no one had appeared on Bell Mountain Sports behalf and suggested this be tabled. The applicant realized they had to come back when a full Council was present. Finance Director Butterbaugh went to call the applicant. Ord a49 ORDINANCE #49, SERIES OF 1977 Appropriation from Electric Fund %.~Electric Fund Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance #49, Series of 1977; seconded by Councilman Hershey. Councilwoman Johnston pointed out that there were two separate requests for overtime for the police department and asked ~if it were all for the mall and why did the police dpeartment require so much overtime. Sergeant Kreuser pointed out that the Council had requested the extra coverage in the mall. Also, the police department has been minus policemen and this has required other officers to put in overtime. All in favor, motion carried. ORDINANCE #49 (Series of 1977) AN ORDINANCE TRANSFERRING $16,158 FROM EXCESS ELECTRIC FUND REVENUES TO THE GENERAL FUND AND MAKING A SUPPLEMENTAL APPRO- PRIATION IN THE AMOUNT OF $16,158 FROM THE GENERAL FUND FOR THE RED MOUNTIN REPEATER SITE ($8,500), FOR A COMMUNICATIONS DIRECTOR ($2,300), FOR POLICE DPEARTMENT OVERTIME ($2,000), AND FOR THE COMMUNICATIONS RECORDS CENTER ($3,358) was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~49, Series of 1977, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Wishart, aye; Johnston, aye; Hershey, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Ord ~50 ORDINANCE #50, SERIES OF 1977 Appropriation from Seventh Penny Seventh Penny Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance #50, Series of 1977; seconded by Councilman Wishar~. All in favor, motion carried. ORDINANCE ~50 (Serles of 1977) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,000 FROM PRIOR YEAR SEVENTH PENNY REVENUES FOR ADDITIONAL OVERTIME POLICE DEPARTMENT PATROLLING OF THE MALL was read by the city clerk. Councilman Wishart moved to adopt Ordinance #50, Series of 1977; seconded by Councilman Van Ness. ~egular Meeting Aspen City Council september z~, Sergeant Kreuser told Council that it was requested that the police department have a person in the mall from noon to 10 p.m. for thrae weeks, seven days a week. This was an off-duty policement. There were 210 hours at $10 per hour. Councilman Hershey said in 1978 he would ~hsist that police patrolling of the mall be part of the budges. Councilman Hershey said regardless of the police department minus men, the schedule should have had a man in the mall. CoUncilman Parry asked if the police department is four men short, what happened to the salaries that they couldn't be used to cover these expenses. Finance Director Butterbaugh pointed out that that much of the salaries was used up in a back log of comp time. There was a shortness of people and estra time worked during the Bundy thing and other crises. Police Chief Hougland felt it was inappropriate not to pay over- time because there was no way to be able to give the officers comp time. Much of the extra salaries were picked up this way. Roll call vote; Councilmembers wishart, aye; Van Ness, aye; Parry, aye; Johnston, nay; Hershey, nay; Behrendt, nay; Mayor Standley, aye. Motion carried. ORDINANCE ~51, SERIES OF 1977 Appropriation from Water Fund Ord 951 Water Fund Mayor Standley opened the public hearing. There were no comments. Mayor Stanldey closed the public hearing. Councilwoman Johnston moved to read Ordinance ~51, Series of 1977; secQnded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~51 (Series of 1977) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $31,649.55 FROM PRIOR YEAR WATER FUND REVENUES FOR LEGAL FEES CONCERNING CITY OF ASPEN WATER PROJECTS was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~51, Series of 1977, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Hershey, aye; Johnston, aye; Wishart, aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried. RELIEF FROM ADMINISTRATIVE DELAY Bell Mountain Sports Bell Mtn. Sports Mayor Standley said the next meeting that there will be a full Council will be the first meeting in November. Mayor Standley asked Ms. Nuttall to contact Chuck Vidal. Councilman Hershey moved to table this based on the fact that the applicant was not present to discuss with Council; it is on the applicant to call Council; seconded by Councilman Parry. All in favor, motion carried. CITY MANAGER 1. Cloudseedin~. Councilman Behrendt told Council the cloudseeding program for the Cloudseeding state cost $36,000; only $12,000 is asked for from this area. Tom Blake, of Snowmass, is in charge; he has raised all but the last s1200. Of the amount, $4,000 was committed by the Chamber of Commerce. This will be a program at the level of last year's program commencing on November 1. Councilman Behrendt said he would like to see the City go ahead an~ do the cloudseeding. Mayor Standley pointed out that ski industries that had snow, making programs made money last year. Mayor Standley said he felt the responsibility to the community to do what~ ever the City can to at least try to insure an adequate season. This program will be impacting a very significant part of the community for a small amount of money. Council- man Parry said this is a small amount compared to what can be lost, and agreed with Mayor Standley. Councilman Wishart said he did not like it for purely ecological reasons, if the Aspen areas is stealing it here and someone downwind looses it. The reports the Council has received have been written by the man who had the cloudseeding contract. Councilman Van Ness said he was not convinced cloudseeding works. Councilwoman Johnston said that Michael Kinsley had written a memeorandum about interfering with the economy of a resort community and changing the picture of it. Councilwoman Johnston said it is the norm of life to have bad times and to have these times to regroup. Councilman Van Ness said he felt it was important that this contract allows the City to tell when to stop. Stalf said this year the City will no% be sponsoring the program. Councilman Behrendt suggested the City make their contribution based on a review board similar to last year's and that the review board has the right to call cloudseeding off. Councilman Behrendt moved to approve $4,000 for cloudseeding contingent upon (1) having a local review board membership, and (2) being established essentially the same as last year with someone from the Forest Service, County Commissioners, City Council, rancher, and businessman, and that that review board have the right to shut it off; secondad by Councilman Parry. Councilman Van Ness asked if this could be emergency cloudseeding, that the program would not start if there is normal precipitation. Councilman Behrendt s&id the program will take anything that happens from November 1 and build the snow pack. This program is limited to January 31; they will have to come back for funding if they want more. Ail in favor, with the exception of Councilmembers Wishart and Johnston. Motion carried. 2. City Contribution ~o Ski Passes. City Manager Mahoney submitted a memorandum from Ski Passes his office requesting a loan-contribution to employees passes. This has been done in the past for $100; the cost is now $125. Councilman Wishart moved that the City set up the same situation as last year for the ski passes; seconded by Councilman Hershey. All in favor, motion carried. ~u~=z lv~eeslng Aspen City COuncil September 26, 1977 Grant CoordinatOr 3. Grant Coordinator. City Manager Mahoney gave Council a memorandum requesting funding for a grantsmand. At the budget hearings Council appeared to be favorable about a grants- man. Mahoney said he felt Jenifer 'Pedersen would be very good for the job. Mahoney was requesting $1,000 a month for the next three months for the job. Councilman Wishart said he had a problem with this; he liked the idea and Ms. Pedersen but felt this might l~k ~~ like the Council was feeding their ex-buddies. Council pointed out that Ms. Pedersen had applied for other jobs within the City. Councilman Hershey said he felt Ms. Pedersen was the best person for the job and fit all the definitions. Council discussed the starting salary for grants coordinator. Councilman Parry suggested $1,000 a month for the rest of the year with a review back to Mahoney to set the budget Councilman Van Ness moved to allocate $3,000 and approve Jenif.er Pedersen as grantmans; seconded by Councilman Behrendt. All in favor, motion carriedl Red Butte Drive speed control 4. Red Butte Drive Speed Control. Mahoney told Council he had inquired into speed bumps on Red Butte Drive. The pol'ice department commented that speed bumps prohibit plowing in the winter, are not effective against large trucks or~ four-wheel drive vehicles, and are not effective in the winter. Mahoney said that it is homeowners and friends and guests who are probably speeding. The residents can contact the police dpeartment with license numbers; the police will talk to the offenders. 5. Racque.t Ball .Building, Mahoney told Council they would put off the racquet~ ball Racque~ Ball building until next spring. Mahoney recommended that the Council put this into general Building projects and let it stand its own ground next year. Councilman~.Wishart said he would like i% to become a priority project for next year. Councilwoman Johnston said that the alleys are looking much better. ORDINANCE #52, SERIES OF 1977 - In-City PIFs for Employee Housing Ord #52 PIF Empl. Hous.li Mayor Standley said this is the ordinance the council asked to have drafted so that the Council can take care of projects of employee housing to reduce the tap fees. Councilman Hershey moved to read Ordinance #52, Series of 1977; seconded by Councilwoman Johnston~' All in favor, motion carried. ORDINANCE #52 (Series of 1977) i i AN ORDINANCE AMENDING CHAPTER 23 OF THE MUNICIPAL CODE BY THE ADDITION OF SECTION 23~67 WHICH SECTION PROVIDES THAT THE CITY COUNCIL MAY REDUCE PLANT INVESTMENT F~ES AND METER RATES FOR MODERATE INCOME EMPLOYEE HOUSING PROJECTS LOCATED OUTSIDE THE CITY LIMITS TO THE AMOUNTS WHICH WOULD HAVE BEEN ~HARGED HAD THE PROJECT BEEN LOCATED WITHIN THE CITY LIMITS was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #52, Series of 1977, on first reading; seconded by Councilman Van Ness. Mayor Standley pointed out that there is no enabling legislature to do this now. This gives Council the option to do so if they want to. This ordinance reduces the PIF, not the meter rates. If projects want in-city meter rates, they will have to become annexed. City Attorney Nuttall pointed out that how a project handles a price reduction will determine whether or not this is granted. A discount should depend upon the merits of the project. The reduction must be demonstrated to be directly passed on to the Purchaser of the housing. Councilman Hershey moved to amend the ordinance to remove meter rates and to include how the savings are passed on; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; Hershey, aye; Johnston, aye; Parry, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ENCROACHMENT REQUEST Sproull/Jake's Sproull/Jake's Encroachment Fire Marshal George Newell told Council he felt this building was a real fire trap. People are jammed in there. Newell isrrequiring Sproull to put in another exit. Putting this exit in the alley seems the mose economical and easiest way to do it. Newell said he would like to have this done before winter. Mayor Standley said that emergency light- ing should be covered by every downstairs building. Mayor Standley~suggested granting the request but adding that Sproull must put in emergency lighting. Councilman Van Ness said this should be required by all basement operations or none. Councilman Hershey said Council should be talking about somebody with the authority to inspect all restaurants, kitchens, etc., to insure standards of cleanliness, fire safety, up to codes. Councilman Hershey said he would like to see licenses nOt given out until the establishments have been inspected by the appropriate person in City government and that the establishments are up to code. Mayor Standley pointed out there is a m~chanism for this with the Sanitarian, Fire Marshal, City Clerk and Council working together. Licenses have been held up until they have satisfied City codes. Councilwoman Johnston moved that Council approve the requested encroachment agreement with the normal conditions and ~ith the condition~that they install an emergency lighting system as required by G~omge Newell, the fire marshal~ All in favor, motion carried. HOLY CROSS AGREEMENT AMENDMENT Holy Cross City Attorne~ Nuttall told Council that this change in the agreement is very mino~?and is Agreement required by Washington D.C. As the agreement stands, the deeds go into escrow and if Amendment the City condemns, they are required to give notice. This change is that notice is to be given to REA instead of Holy Cross. 2288 Regular Meeting Aspen City Council September 26, 1977 Councilman Behrendt moved to approve the amendment to the Holy Cross contract; seconded by Councilman Van Ness. All in favor, motion carried. PROCESS OF CONDEMNATION OF ASPEN ONE PROPERTY Aspen One Property City Manager Mahoney said he had had clear instructions from Council to go ahead with the Rio Grande Property. City Attorney Nuttall told Council that if County Attorney Stuller had to condemn property, she will have to do it quickly. Ms. Nuttall said she would like authorization to join the County in their suit as a nominal party. Ms. Nuttall stated the City's exposure will be minimal; there will be no cost. Councilman Behrendt moved to put this item on the agenda; seconded by Councilwoman Johnston. All in favor, motion carried. Councilman Behrendt moved to concur and join the County on condemnation suit with the recognition that the City be indemnified; seconded by Councilwoman Johnston. All in favor, with the exception of Councilman Van Ness. Motion carried. Councilman Behrendt said he would like to discuss the Mouse House. They have removed three walls off to the edge of the property. ~Councilman Behrendt said ~e felt the walls would never be part of the building going up. They have gained substantial square foot- age and gotten around the City ordinances. Councilman Behrendt asked that the City draw up a set of rules covering this kind of situation. Councilman Behrendt also asked the administration to inform the building and planning departments that no longer are they to make trades. They had made commitments which bound the City to a loosing position. Ms. Nuttall said the interpretations made by the planning and building depart- ments certainly could be gotten from the codes. Councilman Van Ness agreed that there are loopholesin the ordinances, but that these people did get a permit. There is nothing the Council can legally do. Councilman Hershey moved to adjourn the meeting at 5:15 p.m.; seconded by Councilman Behrendt. All in favor, motion carried.