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HomeMy WebLinkAboutminutes.council.19770328Regular Meeting Aspen City Council March 28, 1977 Mayor Standley called the joint meeting to order at 5:25 p.m. with Councilmembers Behrendt Johnston, Pedersen, Commissioners Child and Edwards, City ~anager Mahoney and City ~ Attorney Nuttall present. ~_~ 1. Community Facilities Board Budget Reuqes~. ~ayor Standley announced that the City had CFB Budget recieved $17,300 from the State Historical Society for a planning grant for restoration .~-~ ...... 3 ~u~ March 28, 1977 work on the Wheeler Opera House. This will be a 50 per cent matching gran[. Edgar Stanton presented budget requests to Council and the Commissioners from the CFB. They are asking $8,784 for the Wheeler Opera House; $7,500 for the Holy Cross building, and $7,000 for the hospital. The $7,000 for the hospital planning has already been budgeted by the County. There is $1,0~00 in each budget for a secretary; Stanton explained they felt this needed this very badly to coordinate activities between the three task forces and to do the leg work. John Stanford, planning office, told Council there were two concepts of funding. The $17,300 matching from the City can either be in capital or in-kind services. One recommendation is to maximize the i~-kind services; there is a good chance the City could do a total of $17,300 in in-kind. This would leave the $17,300 budgeted as a match to be used for planning other facilities. Finance Director Butterbaugh suggested that the City use the sixth penny for budgeting matching funds. Mayor Standley stated there is another group actively at work in the community working through the Chamber on investigating the idea of performance and conference center at the Rio Grande. Mayor Standley said that their efforts should be integrated into the CFB. The consultants that are going to work on the Wheeler Opera House should develop a split scenario; how the Whee~er and the Holy Cross building work in the absence of a performing arts center; what is the role of those ~wo buildings along with a perform- ing ar~s center. Bill Trost said he was working on long range objective plans for a performing arts center. Trost stated they hoped to announce very soon the appointment of a conference marketing director. Trost said it is very ~mportant that this group have some involvement with the CFB. Stanford told the Boards the second way to fund this would be to budget the entire $23,284 and have the City and County fund equally the program. This would demonstrate that the two government bodies are working ~ogether. The serc~es provided will be ~oth for City and County residents. Mayor Standley stated he saw no need for going that way; there is no problem with the City picking up the planning budget on work being done on the City- owned buildings. Councilman Behrendt moved to budget $17,300, ~o use in-kind services to amortize the $17,300, then use the case as necessary ou5 of the $17,300 to do the Holy Cross building; seconded by Councilwoman Johnston. All in favor, motion carried. 2. Special Mid-census Request. Karen Smith, planning office, told Council and the Commissioners they would like to get the Bureau of Census to do a new population count Special for this area. Pitkin County had been asked to be included in the specially funded census for energy-impacted counties, but was not successful. The benefits for a special mid- Census 'Report census would be in terms of increased revenue sharing dollars, and the information data that it would produce. This will be a population only census. Councilwoman Johnston pointed out that a lot of grant are predicated on the city's population. Ms. Smith stated the planning office estimates that the City of Aspen's population is up over 5,000. Commissioner Edwards asked the cost. Ms. Smith answered it is $.75 to $.80 per person; this would be about 5,000 in the City and 6,000 in the County. Brian Stafford reiterated the bi? benefits of a.census are the additional money from revenue sharing and in terms of federal ~rant applications. City Manager Mahoney pointed out that if the City of Aspen's population is over 5,000, the City will have Main street to maintain, not the state highway department. Mahoney stated if the City gets Main street in good condition, then they can probably maintain it. ~ayor Standley said that policy control over Main street is important to the City. Councilman Behrendt pointed out that the City should not ~et Main s~ree~ before the $350,000 repaying and storm drainage work is done. This would be too expensive. Mayor Standley suggested that if the City does no~ get a commitment from the state high- way department before the census is started, ~hen the planning office should delay the census commitment. Councilman Parry came into Council Chambers. Councilman Behrendt~moved to authorize the planning office to work with Lee Woolsey, Council of Governments, to set up a special census; seconded by Councilwoman Pedersen. All in favor, motlon carried. 3". Overall Economic Development Plan. Brian Stafford presented a~"resolution to the Boards of members of the OEDP committee. Stafford pu~ together representatives of all Overall the economic interests in the County. Stafford invited all elected official o.f Pitkin Economic County to participate in the committee and to attend a meeting Wednesday, March 30 at Development 7:00 p.m. Plan Councilwoman Pedersen moved to read the 3oint resolution; seconded by Councilman Behrendt. All in favor, motion carried. ASPEN CITY COUNCIL RESOLUTION NO. 1 Series of 1977 WHEREAS, Pitkin County has been offered designation as an economic redevelopmetn area by the Economic Development Administration, and WHEREAS, an Overall Economic Development Program (OEDP) ~s one of the prerequisites for official designation of the County as a redevelopment area, and WHEREAS, an OEDP Committee which is representative of local economic interests is required to undertake the primary role in reparing and ap~roving an OEDP document which examines the problems, needs and resources ~ the County and sets forth the goals of the development program, together with the prioritized strategies devised to achieve these goals. Regular Me~tlng ___~ ! NOW, THEREFORE, it is agreed as follows: 1. The City and County hereby establish an OEDP Committee which will be representative of the economic interests of Pitkin County and which will submit an OEDP document to the Board of County Commissioners for their approval no later than June 13, 1977. 2. The OEDP Committee will consist of the following individuals representing the various economic interests of Pitkin County: Judy Dysart Labor State Employment Service Tom Richardson Ski Industry Aspen Skiing Corporation Edgar Stanton Cultural Music Associates Andrew Hecht Business Aspen Chamber of Commerce Tom Blake Snowmass Snowmass Resort Association Tom Bell Federal Lands National Forest Service George Stranahan Agriculture Local Rancher Bob Child County Government Elected County Commissioner Stacy Standley City Government & Elected Mayor Business Nina Johnston Citizen at Large Elected City Council & County Representative Lee Kuhre Industry/Mining Anshutz Coal Mining Co~ Also, any City or County elected offical may serve as a full voting member at any or all of the OEDP Committee Meetings. Councilman Behrendt moved to approve Resolution ~1, Series of 1977; seconded by Council- woman Pedersen. All in favor, motion carried. 4. Utility Location/Coordination. Tom Jones, engineering department, told the Boards that there are now many utilities located underground. The engineering department feels Utility it is time to keep track of these utilities and cu~ down on the amount of damage. Jones Locations said the engineering department has gotten cooperation from n~ne different a~encies for utilities underground and will supply maps; a master map will be compiled. Jones explained that the City and County would like to revise the excavation permit process to require a contractor to come in one day before they start digging so that all utilities can be located. This will not result in any increased cost to the City or to the County. Jones has discussed this with the county engineer, who has no objections to changing the process. This will be a one year trial process, and the city and county attorney will work out the agreement. Councilwoman Pedersen moved to instruct the city and couRty attorneys ~o draft an agree- ment for consideration at the next meeting; seconded by Councilman Behrendt. Commissioner Edwards wondered if the County could assign this right to somebody else othe] than the building inspector. Edwards doubted whether the Aspen Municipal Code could be enforced outside the boundaries of the City. All in favor, motion carried. 5. A-95 Reviews. (a) General Project Environmental Education. Betty Erickson recommende~ a "no comment" response as appropriate. Pitkin County has a similar local program. Ms. Erickson also commented that the workshop sites described in the grant do not relate to Pitkin County° Councilwoman Pedersen moved to forward the grant application with no comment with Ms. Erickson's comment; seconded by Commissioner Edwards. All in favor, motion carried. Councilman ~,~ishart came int~ Council Chambers. (b) Colorado WIN Work Incentive Program. Welfare Director Mar~on Stewart recommended favorable comment. Councilwoman Johnston moved to forward the application with favorable comment; seconded by Councilwoman Pedersen. All in favor, motion carried. (c) 701 Program. Karen Smith, planning office, explained this program has been going on for many years. BAsically, it is growth policy formulation on the part of the State and Pitkin County has suppor~ this for a long time. Councilman Behrendt moved to forward with a favorable comments; seconded by Councilman Parry. All in favor, motion carried. (d) Statewide Family Planning. Program. Councilwoman Johnston moved to forward with favorable comment; seconded by Councilman Behrendt. All in ~avor, motion carried. (e) Regional Mental Health Center Staffing Grant. ~s. Erickson explained this is for $56,000 state and federal monies that come to Pitkin County's $41,000 local match for Open Door and Sopris. Ms. Erickson recommended favorable comment. Councilman Behrendt moved ~o forward with favorable comment; seconded by Councilwoman Johnston. All in favor, motion carried. COUNCIL MEETING MINUTES Councilwoman Johnston moved to approve the minutes of the March 14, 1977, Council meeting: seconded by Councilman Wishart. All in favor~ motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBERS CON, lENTS 1. Councilman Behrendt said he had been and burglarized, that the police department has done a grean job working on it. 2. Councilman Behrendt asked if anyone knew about the berm on Ute Avenue just across Ute Avenue from the Gant. Councilman Behrendt asked if there was a permit to build this huge berm; berm it is disguising a construction site. Councilman Behrendt said it was not according to zoning and he asked that someone look into it. - 3. Councilman Behrendt stated that CMC has pun out a brochure advertTsing different CMC expansio] courses. Councilman Behrendt asked what constraints there were on CMC not spending tax payers money. Councilman Behrendt stated it occurred to him that there is great impact with all these courses and a new program; the local community does not have a lot to say about CMC's expansion. Councilman Behrendt said that the Council ought to give CMC an idea of what the Council wanus in this city and in this county. He stated he would hate to see a big campuse spring up. Mayor Standley suggested setting up a work session with CMC after they get a new president and a new board of governors. Bill Dunaway stated that CMC is giving this community a return~ for their taxes; these are only extensioh courses. Councilwoman Pedersen pointed ouu that CMC is participating in the CFB and as such would not do any sudden action. 4. Councilwoman Johnston noted that Council has been letting time go and it is almost election; the Council has non done anything about Council salaries. Council Councilwoman Johnsnon moved than Council ask~he City Attorney no draw up an ordinance salaries whereby the salary of the Mayor would be changed no $500 a month and Council changed to s375 a month; seconded by Councilman Wishart. Councilman Behrendt pointed out that would up the pay rate of Council considerably. Councilman Behrendt addressed the notion of public service, and suggested that Council would then be overpaid. Councilman Wishart said that public service commitment is a good idea, but given the economy of this town, Council will ~nd up with people that are really wealthy or don't need to work for one reason or another. Councilwoman Pedersen asked that before the figures are fixed, Council gena budget sheet as to what this would cost over a year. There are several consideration to weigh before setting arbitrary figures. Councilman Parry reminded Council that this is really plan- ning for four more years in advance. Taking th±s question to the citizens would be very difficult; most people don't have any idea of what kind of time is involved in this job. Mayor Standley suggested that an ordinance be drafted and have Councilmemebers Johnston, Pedersen, and Wishart work with Finance Director Butterbaugh to arrive~ at appropriate figures. All in favor, with the exception of Councilman Behrendt. Motion carried. 5. Councilwoman Johnston pointed oun that the. City seems to have forgotten about Flaming flaming torches outside buildings. The City thought this was going to be covered by torches State law. Councilwoman Johnston would like a follow up as part of an energy saving thing. 6. Councilwoman Johnston said if the City takes over Highway 82, she would like to S~e Highway the City cohtemplate boulevarding it. There is an offer to do the design work free,'~nd 82 - could the administration look into that possibility. City Manager Mahoney stated th~at boulevard the street department is very opposed to this. Mayor Standley reminded Council that the City asked th state highway departmen to boulevard Main street as one of the City's requests. Councilwoman Johnston asked that the planning office work with the Cit~ Manager to find a design that the street department approves of. Councilwoman Johnston moved that the City Manager, planning office, and street department work to find a design to boulevard Main street; to check the cosns, and to see if it can be part of the work program with the highway department this summer~ seconded by ~ls~ar t Councilman Behrendt. All in favor, with the exception of Councilman ~?' ~ . Motion carried. Councilman Wishart stated he felk this was futile because he did non think the highway department would look at this au all. i~ 7. Councilwoman Johnston pointed out nhat the City has a street cr~w who gets up early and clears the streets in the winter. The rest of the time they are mainly concerned Dirty with keeping the equipment up. Councilwoman Johnston stated she had difficult under- streets standing why the street department cannot get up and sweep the streets. The dust is atrocious and the streets are really filthy. 8o Councilwoman Pedersen stated that because of the nature of this winter, there are some bad holes s~arting on some streets, especially Midland avenue. Councilwoman Pederse~ asked if the City could put something in these holes to absorb the punishment automobiles are taking. 9. Mayor Standley told Council there is a water resource operations management workshop in Denver for three days if anyone ~s interested in attending. 10. Mayor Standley reminded anybody running for an elected office, there is an ordinance limiting spending to S1 per registered voter for Mayor, and S.50 for registered voter for Council. These work out to about S2,900 and $1,450. 11. The Council hag asked the police department to come up with a sign to remind people not to take liquor out of restaurants into the streets. Mayor Standley showed Council what the police department had come up with. Council asked that the sign be simple lettering and sent it back to the drawing board. 12. Mayor Standley told Council that he had discussed with Planner Kane that it is about time for someone to come in with another Institute plan. Kane woul~ like Council to schedule a work session on the Institute so that he can have input from Council on how Institute work session v to proceed. The work session was scheduled for April 7 at 7 p.m. 13. Mayor Standley gave a brief comment on an editorial about a taint of conflict, that it was imprcper for Mayor Standley to vote in the WPW subdivision exemption. Mayor Standley stated that the City Attorney said he did not have anything that would constitut~ a conflict.. Mayor Standley read from Section 4.7 of the Charter, wherein no member of Council shall vote on any question in which he has substantial personal or financial interest. "Any member refusing to vote except when not so required by this paragraph shal be guilty of misconduct in office." Mayor Standley stated he did inform Council of his prior involvement with the project. STUDENT COMMENT There were~none. CHILDREN'S PARK VIDEO Due to equipment failure, this will be shown at the next meeting. DON GIOVANNI'S - Transfer of liquor license Don Giovanni's Albert Anderson told Council that Russell A. Ward was transferring the stock 5o his name. transfer of Mr. Ward explained ~o Council that he would continue the operation the same as it was, and the employees will continue with the operation, liquor license Councilman Behrendt moved to approve the transfer of stock subject to Ton Dunlop's request that specific construction items have to be brought into compliance by June 1; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE REPORT Mayor Standley reminded Council that two weeks ago the planning office and city attorney had been asked to research incorporating the growth management plan and the number of issuing liquor licenses. City Attorney Nuttall stated that the Council could look at Liquor Licen~e~ those figures as considerations, but cannot use a quoma to deny liquor licenses. Councilwoman Johnston sazd from wham she could find out, since this is a state mandated thing, the burden of proof lies upon the application to prove the needs of the neighbor~ ~ hood and desires of inhabitants have not been met. Only on those two points can the Council judge. Mayor Standley said this meant everybody get a liquor license or no one gets one. BAGEL NOSH - Application for a beer and wine license Mayor Standley opened the public hearing. The city clerk reporting that the file was in order and that the posting and publication were correct. Bagel Nosh Liquor License Brooke Peterson, representing F & J Investments, told Council that they had applied for a beer & wine license for their new restauran=, d/b/a The Bagel Nosh. Peterson introduced the ~wo principle owners, Fred and Barbara Martell, who have been residents here for four years. Fred Martell just completed a four month training program in restaurant operations The Bagel Nosh will be located in the garden level of the Aspen Plaza building and will have a seating capacity of 96 people. Peterson told Council the restaurant will be open for breakfast; lunch, and dinner and will be open year-round. Peterson pointed out that there are no other liquor license outlets of similar type withi~ two block of the applicant. Peterson suggested that the applicant will offer a unique operation, a high quality delicatessen, that the neighborhood does not have at the presen~ time. Peterson submitted petitions with over 600 signatures an support of the ~ssuance of a beer and wine'license for the Bagel Noshr Councilwoman Johnston asked Martell if there are other Bagel Noshs in existence. Martell answered yes, mostly in New York. Martell told Council the prices on the menu will range from $1.75 to $3.95 and there will be specials every day. This will be a restaurant that will allow families to eat ou~ with children for less than $40. Mayor Standley asked for opponents. There were none. Mayor Standley closed the public hearinG. Councilwoman Johnston moved that the Council approve the application of F & J Investments, d/b/a The Bagel Nosh, for a beer and wine license as the applicant has shown that the desires of the inhabitants and the needs of the neighborhood for such an outlet have not been met, and that the applicant is of Good moral and financial character; seconded by Councilwoman Pedersen. All in favor, mo%ion carried. GOLF COURSE PLAN Mayor Standley reminded Council tha= this item was discussed in December and the City does in fact, have enough land for an 18 hole golf course. However, the in-house mastez plan ~olf Course will not work; there are some problems with distance between fairways, location, wind direction, etc. Frank Hummel submitted a ~etter to Council stating that he could do this work starting the end of April and could improve upon the City's existing plan. Hummel stated he would be willing to do the work for S1500 ~o $1000 depending upon what topographi~ maps are available. Mayor Standley reported that Recreation Director Ted Armstrong recommends-that the City go ahead and do this as it is minimal cost and will give the City a fair evaluation of the quality that can be done at the present golf course. Armstrong said he would like to see the Council appropriate the maximum to have Hu~el take this through the planning process. City Manager Mahoney stated he felt this was appropriate and?would like to take the funds from park dedication money. Councilman Behrendt moved that Council take funds from the park dedication and do this; seconded by Councilman Parry. Councilwoman Pedersen asked~if the lessees of the Plum Tree should help as an improved golf course would greatly enhance their operation. Councilwoman Johnston pointed out this is very minimal; should the City need help later, they could approach the Plum Tree lessees. All in favor, motion carried. WATER EXTENSION TO BRUSH CREEE Michael Hernstadt Water Mayor Standley stated that this item should not come to Council until it has been endorsed Extension to by the County Commissioners. Michael Hernstadt told Council there as an a~reement signed Brush Creek by the City in 1967 with Elay to supply water and is still in existence. Mayor Standley stated that the City's water attorney has declared that that contract is inoperative. Councilman Parry moved to table this item for two weeks; seconded by Councilwoman Johnston. All in favor, motion carried. TRANSPORTATION REPORT Mayor Standley announced that Jim Furniss,has resigned as the City's transportation Transporta- director effective May 15. Furniss told Council he had mixed emotions about the Council tion report intending to bring a consultant in to analyze the operation in Aspen. Furniss stated he would recommend that if he felt the system was in trouble. Furniss told Council that his direction had been to enhance and ancrease the bus ri~ership. Furniss stated that, very honestly, he felt that had happened. Furniss passed out graphs and charts to council substantiate this. Furniss told Council that most consultants were geared ~o urban big ~ city systems like RTD. Aspen is a unique small town with a unique system. Vail has a bus system which basically forces tourists to ride the bus. The transportation department did a comparison between Vail and Aspen, the overhead, maintenance, marketing costs, etc. Aspen will be pretty close to hauling 260,000 people; Vail ha~ls over a million. The costs of Aspen's system are in line; Furniss said he felt very good about the operation here. Furniss reported tha~ the system has creating a local working market riding the bus. It appears that about 15 per cent of the people riding the bus are tourists; the rest are local working people. The system will transport about 20,000 people between Silverking and downtown. Furniss told Council if they want increased ridership, they cannot get it by cutting down the routes. The buses are being on time and getting people in a frame of mind to start using them. Furniss showed graphs of ridership and a graph of overall cost by month. Furniss told Council he did not like th~ shuttle route and feels it should be dropped. Furniss reported. that each month the costs are declining. The costs are figured on every cost except the debt service on the buses. Furniss gave Council graphs that would help analyze the system and analyze where to cut back if they wanted to. Furniss told Council he felt that split shifting the bus drivers ~s an absolute mistake. Furniss told Council that the M.A.A. as a very demanding service in the summer. Furniss suggested that there is no way the City bus system can handle the M.A.A. at all. Furniss told Council that Duane Fengel should be appointed acting transportation director. Mayor Standley suggested that with Furn±ss leaving, and the County not having a transpor- tation director, why not try to put back together a joint transportation for the City and County. The UMTA study is pushing towards a busway. CONDOMINIUMIZATION POLICY Mayor Standley reported that Council had had a work session on condominiumization policy. Condominium~ After this session, Council wanted3 a memorandum from Brian Goodheim with specific zation implementation regarding condominiumization of multi-family units. Council also wan~s a policy memorandum from City Attorney Dorothy Nuttall regarding where the City's legal strength lies in this policy. multi-family Councilwoman Johnston moved to table condominiumization policy on multi-family units until they get more information. This should be ready by the next Council meeting; second~ by Councilman Behrendt. All in favor, motion carried. i Mayor Standley noted that it is the recommendation of Goodh~im and the planning office duplexes that the Council grant subdivision exemption on duplex condominiumizations. Councilwoman Pedersen stated tha~ she still had some questions an her mined that have not been answered.  Planning Director Kane told Council that as result of their a data, they found that many · local people are buying these units. The actual net rental market may be lower for people, but condominiumization is allowing many people to purchase units. The planning office is suggesting two conditions; slx month rental restrictions, and right of first refusal to existing tenant to purchase at current fair market value. This would be a 90 day notice. Kane told Council that most of the applicants have agreed to these conditions.~ Leonard Oates suggested that instead of fair market value, use the terms bona fide offer. Bob George asked if the intent was to allow 90 ~ays after the bona fide offer. Goodheim stated that the 90 day notice would give a tenant time to arrange financing. Goodheim s~ated he would like to look at the sales contracts to see who the purchasers are. Goodheim told Council that New Jersey has legislation that could require the developer to find comparable rental housing for people displaced. Barry Edwards told Council that his firm has submitted data illustrating that virtually every duplex or multi-family unit has been bought by local people. Edwards stated that one cannot get a salves contract or price certain until they get exemption or condominiumization done. Councilwoman Johnston stated she bad'no problem with condominiumization of duplexes, but would insis~ upon six month rental provisions. Councilwoman Pedersen asked what would happen to the rental pool of duplexes for the summer people. These are vital to the artistic events that take place in town. Councilwoman Johnston moved that the Council adopt a policy of condominiumization of duplexes with t~e City's six month rental restrictions on both sides of the duples and~ a 90 day notice to tenant before selling with a right of first refusal or an option. Mayor Standley asked if by adopting a policy that has specific performance elements in it, is the Council walking into a- trap whereby anybody who meets these conditions has to be granted an exemption, even though the Council may find some other serious problems. City Attorney Nutta~ answered, no, these are just general guidelines. Council discussed with Barry Edwards, Leonard Oates, Bob George and John Doremus the wording of the second condition; whether it should be notice and non-assignable option to tenant, the structure of th~ ~ime period and notice. Mayor Standley stated that this condition would be only when it goes through condominiumizatlon; it is a one time shot. Mayor Standley suggested that Doremus, Edwards, Oates and George draft a policy statement for the benefit of the Council and to be considered at the next Council meeting. Mayor Standley stated that articulation of these elements is very important in the policy statement. Goodheim stated that it is difficult to anticipate all the various problems happening down the road. Goodheim suggested that right of first refusal against a bona fide offer is appropriate. Councilwoman Johnston moved that the City Council adopt a policy of allowing condominiumi zation of duplexes with the City's normal six month or two short term rental restrictions on both sides with at least 90 day notice to any existing tenant plus a right of first refusal to any bona fide offer; seconded by Councilman Wishart. All in favor, with the exception of Councilmembers Behrendt and Pedersen. Motion carried. City Manager Mahoney pointed out that th'is policy limits the use of private proper~y, and therefore, would require an ordinance. Mayor Standley read from the Charter and asked Ms. Nuttall if this ~did limit the use of private property. ~s. Nuttall answered that the Council was only imposing guidelines. ~4ayor Sta~dley asked if this were in ordinance form, would the Council then be hidebound. Ms. Nuttall answered yes. ~ayor Standley stated he would take under advisement Mahoney's comment and Ms. Nuttall's interpretation and go ahead as chair and allow Council ~o act on these requests given the guidelines established by motion~ SUBDIVISION EXEMPTION - Alpine Acres Barry Edwards told Council he would be happy to go along with the six month rental Subdivision restrictions on the 90 day notice as conditions for exemption from subdivision. Hal Exemption Clark, planning office, recommended this for approval conditioned upon payment of $~,716.94 park dedication fee and the two other conditions. Alpine Acres Councilman Behrendt moved to approve the subdivision exemption with the conditions; seconded by Councilman Wishart. All in favor, motion carried. SUBDIVISION EXEMPTION - Doremus Hal Clark told Council that this is unique in that it is a request to condominiumize Subdivision a building that does not exist. Clark stated it is the recommendation of the planning Exemption office for approval based on the policy statement and payment of the park dedication fee Doremus at the time the building permit is lssue~. Councilman Behrendt moved to approve this subject to Council's program and payment of a park dedication fee at time of building permit issuance. Councilwoman Pedersen stated she cannot see condominiumizing something that isn't. Doremus explained to Council that this is merely a matter of financing. Councilwoman Johnston pointed out there ~s no tenant ~o ~ive right of first refusal to. All in favor, with the exception of Councilwoman Pedersen. Motion carried. SUBDIVISION EXEMPTION - Interwest Clark told Council thi~ was another request to condominiumize ~ building that does not Subdivision exist. It is located on Snowbunny. The planning office recommends approval with policy Exemption statement and payment of -~ark dedication fee upon buildino permit issuance. Interwest Councilman Behrendt mow~.~ to approve subject to Council's policy statement and paymen~ of the park dedication fee/upon building permit ~ssuance. All in favor, with the ~exception of Councilwoman Peders~%n. Motion carried. SUBDIVISION EXEMPTION -~- Ward Clark explained this is an existing duplex located on Snowbunny. The dedication fee work ~Subdivision out to $2~205.36 with a deduction for taxes paid to the City over the last 12 years, the Exemption to~al fee will be $1,562.84. Jon Mulford told Council he is a tenant and does have an Ward option to purchase. Councilman Behrendt moved to approve t e exem tion subject to Council" s poll'cy statement and paymen~ of the park dedication fee as outlined; seconded by Councilman Parry. All in favor, motion carried. ASPEN WILD Final Subdivision Approval Subdivision Clark reminded Council they looked at this pro~ect at conceptual presentation. A plat ~- Aspen Wild was submitted. Nine studio units will be sold as condominiums. The City Engineer has reviewed this and the agreement and recommends approval. The park dedication fee is $9,801. The planning office recommends approval foL final subdivision; Clark noted that this is located in the R/MF zone and the six month rental restriction is in effect there. Councilwoman Pedersen asked that price range for the units. Tony R~eder stated he had not figured them out; has not calculated out the construction costs. Councilman Behrendt moved to approve for final subdivision subject to payment of the park dedication fee; seconded by Councilman Parry. All in-favor, motion carried.. CITY MANAGER 1. Holy Cross. City Manager Mahoney told Counci~ that all parts have come together now and he.has an agreement with Holy Cross. Mahoney requested a study session with Council Holy Cross to expi~n all the parts of the agreement. Council set the study session for 6:15, Thursday, April 7, just before the study session on the..Institute. 2. Finances. Mahoney submitted a graph of the City's finances for the year. Mahoney said the City was fortunate to have a surplus. The City's revenues are just 1 and 2 per cent of what was predicted for this year. Mahoney stated he hoped the City would not have to absorb all the $700,000 surplus. Finance Director Butterbaugh told Council that Hahoney had made all the right decisions all along. ORDINANCE ~9, SERIES OF 1977 ~ater Bonds Councilman Behrendt moved to read Ordinance #9, Series of 1977; sec®nded by Councilman Wishart. All in favor, motion carried. Ord. 9,1977 Water bonds ORDINANCE ~9 (Series of 1977) AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ASPEN, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $850,000, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF .TAXES ~ TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #9, Series of 1977, on~ first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen~ aye; Parry, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~10, SERIES OF 1977 Historic Designation of Brunton Residence 0rd.10,~977 Councilwoman Pedersen moved to read Ordinance ~10, Series of 1977; seconded by Council- H Designati man Parry. All in favor, motion carried. Brunton ORDINANCE ~10 (Series of 1977) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE W. D. BRUNTON RESIDENCE, OTHERWISE KNOWN AS THE COPPER HORSE, CONSISTING OF THE EAST SIDE OF LOT L AND ALL OF LOT M, BLOCK 44, ORIGINAL ASPEN TOWNSITE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~10, Series of 1977, on first reading; seconded by Councilwoman Johnston. Councilwoman Johnston requested that the description be chan~ed from east side to east half to be more clear. Roll call vote, Coun¢ilmembers Behrendt, aye~ Johnston, aye~ Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~11, SERIES OF 1977 Excavation Procedures Ord 11, 197 Councilwoman Pedersen moved to read Ordinance ~11, Series of 1977; seconded by Councilman Excavation Behrendt. All in favor, motion carried. procedures ORDINANCE =11 (Ser~es of 1977) AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 19 OF THE MUNICIPAL CODE AND REENACTING IT WITH A~ENDMENTS TO REQUIREMENTS AND PROCEDURES FOR EXCAVATIONS WITHIN RIGHTS-OF-WAY was read by the city ~lerk. Councilwoman Pedersen moved to adopt Ordinance ~11~ Series of 1977, on first reading; seconded by Councilman Parry~ Mayor Standley requeste~ that someone from the engineering department be present t~ exp!ain ~his at the public hearing. Roll call vote~ Council- members Johnston, aye; Pedersen, aye~ Parry~ aye~ Wishart, aye; Behrend't, aye; Mayor Standley, aye. Motion carried. ORDI~NANCE ~12, SERIES OF 1977 A~option of the Uniform Building Code Ord. 12,197 Adoption of Mayor Standley told Council that at the recommendation of the entire staff that subsectioh UBC (t) on page 21 be delete~. This is about the fire wall. Build. ing Inspector ~eyr~ng showed Council that page 12, subsection (p) incorporates Council's feelings on elevator requirements. Mayor Standley told Council that he had discussed this with someone on the State Handicapped Board at length. Mayor Standley stated this person completely agrees with the City Council that elevator requirements would be an unnecessary hardship on builders. Councilwoman Pedersen moved to read Ordinance ~12, Series of 1977, as amended; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 212 (Series of 1977) AN ORDINANCE ADOPTING 'BY REFERENCE THE UNIFORM BUILDING CODE, 1976 EDITION, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION; AMENDING CERTAIN SECTION OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; NAD REPLEAING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT HEREWITH was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~12, Series of 1977, on first reading as amended; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~13, SERIES OF 1977 ~ Adoption of the Uniform Fire Code Ord. 13,1977 Councilwoman Pedersen moved to read Ordinance ~13, Series of 1977; seconded by CouncilwomalAd°pti°n of Johnston. All in favor, motion carried. Fire Code ORDINANCE #13 (Series of 1977) AN ORDINANCE AOPTING BY REFERENCE THE UNIFO~4 FIRE CODE, 1976 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTEN HEREWITH was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~13, Series of 1977, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry~ aye; Pedersen, aye; wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~14, SERIES OF 1977 - Adoption of the Uniform Mechanical Code Ord.14,1977 Adoption of Councilwoman Pedersen moved to read Ordinance ~14, Series of 1977; seconded by CouncilwomanMechanical Johnston. All in favor, motion carried. Code ORDINANCE ~14 (Series of 1977) AN ©RDINANCE ADOPTING BY REFERENCE THE UNIFOR~ MECHANICAL CODE, 1976 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTION OF THE MUNICIPAL CODE INCONSISTENT THERE- WITH was read by the city clerk Councilwoman Pedersen moved 5o adopt Ordinance ~14, Series of 1977, on first readino; seconded by Councilman Wishart. Roll call vote; Councilmembers Johnston, aye; Pedersen, aye; Parry~ aye; Wishart, aye; Behrendt, ayeF Mayor Standley, aye. Motion carried. ORDINANCE ~15~ SERIES OF 1977 A~ending Voter Registration Procedure ~Cayor Standley explained that this would allow people Who have moved and not changed Ord. 15,1977 their address to vote as long as they are a resident of the city. The City of Boulder Voter has adopted an ordinance similar to this. Registration Councilwoman Pedersen moved to read Ordinance ~15, Series of 1977: seconded by Councilman Wishar~. All in favor, motion carried. ORDINANCE ~15 (Series of 1977) AN ORDINANCE ~ENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF SECTION 8-3 THERETO WHICH SAID SECTION CREATES A LOCAL AMENDMENT TO THE COLORADO MUNICIPAL ELECTION LAWS PE~qMITTING THOSE QUALIFIED AND REGISTERED ELECTORS WHO MOVE FRO~.~ ONE PRECINCT (WHERE REGISTERED) TO ANOTHER WITHIN THE CITY TO VOTE IN THE PRECINCTS WHERE REGISTERED AS LONG AS THEY ARE RESIDENTS OF THE CITY OF ASPEN ON ELECTION DAY was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~15, Series of 1977, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilman Behrendt moved to adjourn at 9:10 p.m.; seconded by Councilwoman Pedersen. All in favor, motion carried. Kat~ryn Hauter, City Clerk