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HomeMy WebLinkAboutminutes.council.19790122 Regular Meeting Aspen City Council January 22, 1979 Commissioner Edwards called the meeting to order at 4:03 p.m. with Councilmembers Behrendt, Anderson, Wishart, Parry, Isaac, and Van Ness present; Commissioners Child and Kinsley present. Also present City Attorney Stock, City Manager Mahoney, County Attorney Stuller, and County Manager Ochs. 1. Question of Reply to Channel 7. City Manager Mahoney said he felt it was appropriate to bring to the policy makers the issue of whether to reply to the charges from Channel 7. Mahoney pointed out the police and sheriffs depar~ments have been working on local Reply to drug arrests; the sheriff, county manage and school boards have been working on a Channel 7 program through the school district. Last week the district attorney's office, sheriffs, allegations police, city and AVIA met with federal agents from DEA. In this meeting it was agreed to cooperate with the DEA. The DEA recognizes they are not equipped to do local police enforcement and Pitkin County is not equipped to take on national/international drug problems. Councilman Isaac asked if the DEA indicated the channel 7 reports were accurate. Mahoney said he had the feeling they did not think much of channel 7's reporting or give much credit to the strike force, the department channel 7 relied on for their information. Commissioner Child said he felt the City and County should just consider the source of the program and not even dignify it with a public response. The two law enforcment agencies can continue to work together, and the City and County do not need to get in a shouting match with channel 7. Commissioner Edwards said by making public statements, the City and County will just continue the lie in the public view. How many times can channel 7 run the same story. If Aspen denies this, channel 7 has a whole new story and we will be perpetuating the lies by resisting it. Edwards pointed out as soon as Aspen makes its first big drug bust, channel 7 will be here again. Councilwoman Anderson said she agreed. Councilman Behrendt said he did not perceive that Aspen had an unusual drug problem; the~ problem here is no different from any other place and the City and County are applying at least as much effort as anyone. Councilman Behrendt said he felt a lot of poor judgement has been shown. 2. Scattered Site Housing. Karen Smith, planning director, said this is a progress report in the area of housing analysis, and the issue is scattered site housing versus Scattered Site high density and what sites are available in solving the housing problem. Ms. Smith Housing said these elements are necessary to consider before going on with any solution. The planning office is proceeding to study alternative sites and will have a proposal for a market study to bring the process forward. Ms. Smith told the Boards that M.A.A is considering future options which~may mean a move from Aspen. The M.A.A. has problems with both student and faculty housing and there are problems with the music tent. Hans Cantrup has an option on the Koch lumber property and has talked about providing M.A.A. student housing and in the winter using it as seasonal housing. Ms. Smith said there is some urgency to move quickly and come back to the Boards with sites and proposals. Jim Reents, planning office, presented a map and lists of possible sites for employee housing. Among the close-in sites are the water plant proerty, hospital property adjacent to both new and old hospitals, Silverking expansion site, base of Little Annie, Koch lumber property. Reents noted that a number of sites listed were purchased with 6th penny money and there is a question if their use for employee housing is feasible. The County has acquired a lease to Smuggle Park area, which is 967 acres, and the planning office is pursuing with BLM to see if it will be possible to do employee housing on that site. The lease the County has is for recreation and open space. Some privately owned sites are Paepcke, Zoline and Pfister properties; there is some undeveloped land at the Airport Business Center and some land at the airport itself. Reents pointed out that the City currently has no PMH zone and without that little employee housing development can take place in the city. The County PMH zone does allow for variation in density and this is built into the evaluation of the entire project. Reents suggested the staff pursue an adoption of a similar zone in the City. Reents said the planning office feels that single family or duplex is not a feasible way to try:to provide employee housing. Reents told the Boards that within the County there are already tools to analyze projects, but there is no base facts to hang one's hat on. The final analysis should not take place until the planning office has the facts from the marketing study. Councilman Van Ness asked what PMH zone would do in the City that current zoning doesn't. Reents said each project is evaluated on its own merits; there is no set density. The density would vary in each application of the zone. Ms. Smith told the Boards that the planning office works with the applicants to try to prepare the application. Ms. Smith said the marketingI study will take 2-1/2 months. The planning office does not want to say yes or no to new proposals until they know eactly what is needed in terms of seasonal or dormitory housing. Regular Meeting Aspen City Council January 22, 1979 Ms. Smith said the City is looking at zone district that might offer bonus densities for employee hOusing. Reents told the Boards that part of the specific site analysis is a total analysis of the surrounding development to determine what the maximum density might be so the development does not violate the surroundings. Commissioner Edwards said the County will be looking at projects like Midland/Park; it worked and got housing out at affordable prices. Edwards said he felt when a government owns a rental project, it has historically been a nightmare. 3. City/County/Snowmass Planning Contract. Joe Wells, planning office, told the Boards this is basically the same contract as last year; there are some minor changes and a 4 per cent increase in salary. Wells told the Boards that in 1978 57 per cent of his time ii City/County was spent in Aspen/Pitkin County planning and 43 per cent for Snowmass. Wells said once i Sno~zass the master plan for Snowmass is finished, he will be able to spend more time on Aspen/ i! P ing Pitkin County. Child said the ~hours in c (1) did not add up. Wells explained that in the 'i lann event the work load at Snowmass would be less then it is now, Aspen/Pitkin will not be billed for more than 35 hours. Edwards asked if Wells felt this was a realistic contract given the proposed development at Snowmass. Wells said he felt it was because the work is basically coming from two developers. Wells said once they get past the master plan work, this will be realistic. If not, Snowmass will have to consider going to a full-time planner. Councilman Behrendt moved to approve the contract; seconded by Councilman Wishart. Kinsley stated if the developers are paying part of the planning price, it seems like the~l have a lot more guns. Wells said this may be a reflection of the political philosophy, which is not necessarily the same as Aspen/Pitkin county,s. Wells said the Town of Snowmass had expressed concern that he is processing the Burnt Mountain application and that his recommendation for the County may not be same as to Snowmass. Wells told the Boards if this continues to be a problem, he will address it. All in favor, motion carried. 4. A-95 Reviews (a) State Plan Historical Preservation. Jim Reents reviewed this and said the staff has no problems at all; this will benefit Pitkin County in terms of pro- viding a larger data base for research on historical data. Councilman Behrendt moved to forward with favorable comments; seconded by Councilman Isaac. All in favor, motion carried. (b) Aspen ~One Property. Edwards said that George Ochs would draft a letter of favorable !Aspen One A-95 comment to be forwarded with this application stating it is consistent with the greenway park plan. Commissioner Kinsley moved to forward with favorable comment; seconded by Commissioner Child. All in favor, motion carried. (c) CETA Programs. Mahoney explained this is a reorganization where the state is taking over the CETA programs from the federal government. The city and county personnel directors both said this is a good program. Commissioner Kinsley moved to forward with favorable comment; secohded by Commissioner Child. All in favor, motion carried (d) Gastle C~eek Trail~.~\ Ms~ Vrcheta, planning office, told the Boards this is a County application for land and water conservation funds for the development of Castle Creek Castle Creek trail, for which the County would allocate funds in 1980. The requested amount is Trail A-95 $82,000 for a 1.4 mile segment from Seventh street to the Music School. Councilman Isaac moved to forward with favorable comment and Ms. Vrchota's statment; seconded by Councilman Behrendt. All in favor, motion carried. 5. Housing Market Study Update. Mark Danielsen passed out a more refined survey; the initial framework for this survey was made by the housing advisory board. There have been applications for employee housing projects, and it is more appropriate than ever Housing Market that a survey be done to question both employers and employees for housing. This is Study Update critical because some 404 units have been approved in Basalt and another 100 in Carbon~ dale. Danielsen reminded the Boards that staff had been directed to investigating the existing studies to find out what was incomplete, biased, or totally lacking. The plan- ning office, Lea Cassens, Sno-engineering and the housing officer have gone over the studies to find out what is needed in a survey to help plan for the future. In the formulation of the survey, the Housing Advisory Board, .~2hamber of Commerci, Sno- engineering, planning office, and other interested parties were contacted for their input Danielsen said this is not just another survey; it is intended to find out a lot of things that are not known, number of units, what kind, rental vs. ownership, studio, need for dorm housing, 1,2,3 bedroom, location. There is another questionnaire for employers trying to find out their attitudes and opinions toward employee housing; what kind of units do they think are needed, and to what extent will they participate to create employee housing. Danielsen said this survey will serve as a basis for projecting future needs and may help to deal with the illegal duplex problem. This will also serve as a data base for receiving HUD's fair market rents. Applications have been put in for federal assistance, but their maximum rents for a 2 bedroom units is $180. There is a wasy to amend the fair markets rents; HUD has never done a rent survey here. Danielsen said the Chamber will probably issue this survey. Geri Fox, Director of the Chamber, said they had polled the membership and the majority is cOncerned with employee housing. From the comments of the membership, they feel the problem is not quantified. The Chamber had Sno-engineering take a look a~ ~heir bibli- ography and critique it. The Chamber suggested there be a task force of various groups to come up with a study program that will develop this common data pool. Ms. Fox said the Chamber support this program. Regular Meeting Aspen City Council January 22, 1~_~9 Gail Mahoney, Sno,engineering, told the Boards there are four elements that will be looked at; 1) employers survey, 2) employees survey, 3) physical count of the housing stock, and . ~ 4) quantify exact number of employee in the Aspen area. Four studies will be done so that the City and County governments can develop policy. Ms. Mahoney said they plan to randomly select employers and distribute the questionnaires, and their goal is to sample 10 per cent of the employees in Aspen. The surveys have been developed to be completely ~' computer run. Ms. Stuller questioned the meaning of question ~12 on the employer survey. Ms. Mahoney said they were trying to find out how many employers in theory support the fact that employee housing is needed. Ms. Stuller said it should be stated, "Are you supportive of ~ constructing more employee housing,'. Commissioner Child asked if the employee require- ments of Snowmass Village is being tied iRto this survey. Ms. Mahoney said they are distributing almost identical questionnaires at Snowmass. This questionnaire will go to people employed in Aspen. Commissioner Kinsley asked if Sno-engineering is now working for a private developer. Ms. Mahoney answered no. Kinsley stated that Sno-engineering had come up with some conclusions in their survey at Silverking that proved erroneous. Ms. Mahoney said they would get an equal distribution through industry classification of all employees. This will be an employee housing demand analysis. Ms. Smith said they are asking for ~ full market study, which is the demand and supply side; the planning office will accomplish the supply side by using the existing data to the fullest extent and by also surveying absentee landowners to find what there is in terms of existing. The planning office will have to hire some surveyors to do phone or mail surveys. The coSt is projected at $15,000; it is coming this cheap because of the volunteer efforts of the Chamber and the participation of Sno- engineering. Ms. Smith said the planning office would like to be able to tell developers whether the project is right or not and to go ahead. Ms. Smith stated the study is absolutely necessary for the City or County to get further federal funding. Pitkin County has not been certified for more 701 funding because the housing assistance fund has been reported to be deficient. The study is also an important element in the total planning process for the total demand picture. Harry Truscott said he had looked at all past surveys and had come up with a cross-referenCe and is convinced there is enough data to come up with what is needed. All this has shown that 150 to 250 low cost rental units are needed. As time goes on, low cost ownership opportunities should be added, about 50 a year. Truscott said he felt the salary data is troublesome for people to believe. Danielsen said after careful review of all the data available, he finds it difficult to come before the Boards and give them firm input as to what should be done with specific applications. Ms. Smith said the existing data comes from a piecemeal approach prepared for separate applications, or old data. Ms. Smith said she would like to see this done comprehensively and soon. Commissioner Edwards stated the County does not have any money; the whole contingency fund is only $20,000. Councilman Wishart said he agreed the study needs to be done, and asked the County if they are willing to help finance it. Edwards said he is not willing to help finance it. Commissioner Child said he wanted to see where the County has funds. Council, man Wishart said this is a very valuable piece of information and a tool that has to be had by the planning office. Child said they have to have this figure to convince people, and it is good to get this done. Ms. Butterbaugh said the City would probably have adequate revenue left from 1978 to fund this. Councilman Van Ness moved to table this because the City is not in a position to fund half a study. Councilman Issac moved that the City appropriate up to $7500 to split the employee survey; seconded by Councilman Wishart. Councilman Van Ness withdrew his motion to table. The first motion is contingent upon the County funding the other half within two weeks. Amendment accepted. All in favor, motion carried. COUNCIL MEETING I. MINUTES Councilman Parry moved to approve the minutes of December 18 and 21, 1978; seconded by Councilman Wishart. All in favor, motion carried. C_~TIZEN P~RT~CIPATION 1. Geri Fox, Director of the Chamber of Commerce, told Council the Historical Society would Request to like to ask the City to officially dedicate 1980 as.~l~A~pen's Centennial. Ms. Fox outlined dedicate 1980 as that in 1879 about 25 miners were here at the base of Ajax. In 1880 they platted the City~ Aspen's Centennialin 1881 the City was incorporated. The Historical Society feels that 1880 is birthdate of Aspen, and they are asking the City to set aside 1880 and work can be done on coordina' ting a Centennial theme and logo and all organizations in town can use. The Historical Society is going to request a contest for the logo and theme up to a $500 prize for camera ready art. Different organizations could develop programs and activities. Councilman Wishart pointed out the Council does not take action on things that are not in the packet and suggested this be presented on the next agenda. Councilman Isaac said he would like to see a tentative schedule of events. Ms. Fox said they would have something in writint; a program like this takes a year in advance to plan. They are asking for $500 budget for logo and theme. 2. Jeffrey Sachs told Council that Saturady morning the Mountain Valley bus was stucK for 3 hours at the Aspen Club. Sachs said it is a shame if the bus goes to the Aspen Club for their convenience and the Aspen Club does not keep their driveway totally plowed and sanded. COUNCILMEMBER COMMENTS 1. Councilman Isaac brought up the survey for the City, County and school personnel for ~ the housing at the water plant, and asked if Council wanted to proceed with that s%~dy ilHousing at th~ separately. ~iwater plant Councilman Isaac moved to put this on the agenda; seconded by Councilman Parry. All in favor, motion carried. Mayor Pro Tem Behrendt added this to number XII, housing committeei. 2. Councilman Parry asked what has happened to gravelling the streets; the streets and corners are very slick,~.~Mahoney told Council that if they gravel where there are constan' Gravelling of snow storm, the gravel gets covered up very quickly. The City has not been gravelling streets until after the snow storms. Mahoney told Council they also had run out of gravel five days ago and had been borrowing from the state. 3. Councilman Van Ness pointed out that as the winter progresses, the streets become narrower and narrower, and people are parking their cars away from the curb. Councilman Streets Van Ness suggested giving these people parking tickets. 4. Councilman Van Ness told Council he had just been in New Mexico and they are severely restricting issuance of liquor license. The license have become very expensive, and he feel this is evidence of wisdom of not restricting the licenses. 5. Councilman Van Ness said he heard the end of the first agenda item where City Manager Mahoney was characterized as childish. Councilman Van Ness said he did not think that childish was the proper word. 6. Councilwoman Anderson said by-in-large the bus system is fantastic. People do call her with complaints about the bus systems, and she has received several complaints about the Mountain Valley bus and the Highland bus not keep on schedule. Councilwoman Anderson Bus Routes said the Highlands bus route is very long and it is hard to keep to schedule. Mahoney told Council that the Highlands bus route is probably more than can be handled. Something will be done to solve it next year. 7. Councilwoman Anderson brought up the parking on Ute Avenue and pointed out the cars Parking on Ute keep getting closer and closer to the middle of the street. Councilwoman Anderson Ave. suggested a regular system of plowing that is predictable so that the streets can be kept plowed. Mahoney told Council that street was plowed last week. Mahoney also told Council they City has a new tow truck and one of its tasks is to tow cars parked in the middle of streets, alleys and intersections. 8. Mayor Pro Tem Behrendt stated he was pleased that the City managed to keep the alleys Alleys are open. During one of the works snow storms, the street crews managed to keep the downtown kept open in workable, the winter. 9. Mayor~Pro Tem Behrendt said With the lack of an off-street parking program, he did Lack of Off- not know how there could be much success in the residential neighborhood. Chief of Polic~ street parking McClung said he would an ordinance to accommodate heavy snow conditions. McClung noted that the 72-hour ordinance was nor working On heavy snow days. McClung recommended Council entertain a 24-hour removal for snow storms. City Attorney Stock pointed out the ! changes to the Model Traffic Code allow the police dpeartment to tow for snow removal even!i if it has been only 10 minutes. McClung told Council he felt the tow truck system would prove effective. WHEELER OPERA HOUSE ORGAN DONATION City Manager Mahoney told Council this is tied into the Wheeler Opera House renovation Wheeler Opera program, and right now there is no one doing anything about it in terms of long range House organ planning. Mahoney said he felt the request for an organ makes sense, but the City has to donation do a 10t Of work before it can be got in there. Jon Busch, manager of the Wheeler, said he had applied for a donation of an organ to be put in the Wheeler. This donation does not include installation or shipping. Busch said he felt he could raise the money for the installation and shipping; the City would be expected to pay for construction of additional rooms to house the organ equipment, the dry fire extinguisher system, and the heating and cooling systems. Dan McArthur, assistant city engineer, told Council he had come up with a cost estimate of $13,000 to do the above. McArthur told Council that Collins Engineering has looked at this and feels structurally the building would be all right. There is nothing being done to the structure but remodellings.. Jon Busch told Council this is a theatre organ and is a 3 manual 12.rank pipe organ, whichll is presently owned by the corporation who owns the spaghetti factories. The biggest problem is that this has to be channeled through a Canadian non-profit organization. The music school has indicated that they can use the instrument in their programs. These i! organs are not made anymore and could be sold for $35,000 today. The organ will be instal!led in the attic of the Wheeler. Mayor Pro Tem Behrendt asked if it would be possible to escrow funds and to install this when the Wheeler is rebuilt. Busch stated that all the plans he had seen for the Wheeler, there is almost no activity within the attic area. City Engineer Dave Ellis indicated this would be a real additional to the program at the Wheeler. Ellis said he did not envision this as a duplication of costs in the future renovation of the Wheeler. There would be some costs for chemical extinguisher and blower. Ellis said the possibility of locating this behind the staf woUld minimize the costs right now. Councilman Parry said he felt this would be a great asset. Councilman Parry moved to accept the donation of the instrument; seconded by Councilwoman Anderson. Councilman Van Ness said he would like to know if there are any strings attached to the donation. Busch said there are no strings; the corporation doesn't car who gets the organ? They are willing to see the Wheeler get it if they do the installation. Busch said he planned on scheduling two benefits at the Wheeler to pay for the costs of installation and shipping. Councilman Isaac said he would like to pursue the overall plan f~r the Wheeler; it seems to have gotten mired down. Regular Meeting Aspen City Council January 22, 1979 Ail in favor, motion carried. Mahoney told Council that the staff needed some leadership on the Wheeler. Council scheduled a work session for January 29 at 5:00 p.m. to consider the overall plans for renovation. LIQUOR LICENSE RENEWAL - The Arya Liquor License Health Inspector Tom Dunlop told Council there were no problems with health or the fire Renewal- marshall. Councilman Wishart moved to approve the renewal; seconded by Councilman Isaac. The A~a All in favor, motion carried. SPECIAL EVENT PERMIT - Aspen Foundation for the Arts Special Event Permit- Aspen Jeffrey Sachs told Council they are apply for the evening of February 17, 1979, at the Foundation for Playhouse Theatre to show a film for a benefit. The $6 ticket will include champagne the Arts and popcorn. Councilman Isaac moved to approve the special event permit; seconded by Councilwoman Anderson. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Fireside Chinese Restaurant Liquor License Transfer-.' Charles Fagan, representing the Fireside Chinese Restaurant, told Council this was formerly Fireside Chinese operated by the House of Nine Dragons and is being transferred to Margaret Wong. Dunlop Restaurant told Council this has been clared with him and with the fire Marshal. Bil Dunaway asked what happens to the money owed by the former licensee; is there a provision that the debts be paid. Councilman Parry moved to approve the transfer; seconded by Councilman Wishart. City Attorney Stock noted there is a complication since the House of Nine Dragons had licenses here and in Glenwood. Stock assumed Council would be referring only to Aspen debts. Fagan told Council that Mrs. Wong has assured him that the purveyors have been paid and that she is taking care of the local debts. Councilman Parry amended his motion to include the provision that the debts be paid; seconded by Councilman Wishart. All in favor, motion carried. APPLICATION FOR BEER & WINE LICENSE - The Little Kitchen ,~ ~ ' Mayor Pro Tem Behrendt opened the public hearing. The City Clerk reported the file, ~ Application for posting and publication were in order. i Be~r & Wine ~License- June Kirkwood p~esented petition with 340 s~gnatures and agreements from the neighboring The Little businesses to the need for this license. Ms. Kirkwood presented copies of their menu. Kitchen MS. Kirkwood told Council they are the only full-time vegetarian restaurant in the City, County or the valley. There is only one other outlet within the block with an entirely different operation. Ms. Kirkwood said the Little Kitchen has a large local follwoing; nearly all of their customers have expressed interest and desires that they service beer and wine. Ms. Kirkwood noted that have customers that do not come because there is no beer or wine. Ms. Kirkwood told the Council they would have a very low key operation, and they do not plan on having a bar. The Little Kitchen plans only to serve natural beer and wine with no sugar or preservatives. Ms. Kirkwood stated the beer and wine would just be served with meal. Their hours are from 8 a.m. to 10 p.m., although they do have a lot of musicians friends and they may be open until midnight some nights. Mayor Pro Tem Behrendt asked for opponents. There were none. Mayor Pro Tem Behrendt closed the public hearing. Councilwoman Anderson moved that based on the evidence presented at a public hearing held January 22, 1979, relating to an application for a beer and wine license by the Little Kitchen, the Council finds that the needs of the community have not been met and that the license hereby issue; seconded by Councilman Wishart. Mayor Pro Tem Behrendt pointed out the Council has just said that the needs of the neighborhood have not been met. Council- man Wishart agreed with that. All in favor, motion carried. REQUEST FOR SPACE AND IN-KIND SERVICES - Women's Resource Center Carolyn Doty and Judy Frankel, representing the Women's Resource Center, were present to Request for Space request space in the Wheeler and in-kind services, which they understand to be Xeroxing. & In-Kind Services Ms. Butterbaugh told the Council that the Visual Arts Center has talked to staff and Women's Resource agreed to share their space with the Women's Resource Center. This split will take a Center little bit of carpentry work, which the parks department can do. The VAC feels they can get along with half of the space they are using. Mayor Pro Behrendt told the WRC this may be very temporary because there is a plan coming that may eliminate uses of the Wheeler. City Attorney Stock told Council the construction planned for the Wheeler will not require anyone other than the Job Service Center to move. The City has asked all current occupants to give the City an agreement to move furniture on a 48-hour notice and that there may be some inconvenience in this process. Stock said he would like this agreement from the WRC also. Ms. Butterbaugh said the staff would prepare a lease for consideration at the next Council meeting. Regular Meeting Aspen City Council January 22, 1979 REPORT ON DOWNTOWN PARKING STUDY i Curt Stewart, trnsportation planner, told Council this is an update on the parking study which is progressing on schedule and will be ready the end of February. The data collec-Progress on tion for parking is nearly complete; they doubled the sample size; night parking was also Downtown· Park- surveyed, and the turnover rate was verified by actual observation. The data is currentl~~ng Study being keypunched, and they will have preliminary result in 10 days. Stewart will have a Short memorandum comparing the winter and summer results, which will be done prior to putting together the draft report so that comments can be taken at that time. The traffic survey along Highway 82 remains to be done; it has been scheduled 3 times but has been foiled by the snow. Stewart told Council this survey was taken from January 3 to January 19 and the information can be factored up or down. DOWNTOWN PLANNING CONSULTANT Ms. Smith told Council this item is to ask concurrence in the recommended selection of planning of the downtown planning program. The planning office received proposals from Downtown Planning six firms; Syracuse-Lawler of Denver, Tom Wells combined with Paul Friedberg, Gage Davis Consultant out of Boulder, Robin Molny, Greg Cole, Design Workshop with Copland, Hagman Yaw. A staff team went through the proposal and through an evaluation of them, and came up wit~ the two best being Design Workshop with Copland, Hagman Yaw and the Gage Davis proposal. The staff team is recommending DWI/Copland basically because they have paid the most attention to programming the effort. DWI's strengths are in the inventory phase; they propose to go through a functional analysis and proceed to summary analysis and presenta. tion of urban design alternatives. Ms. Smith reminded Council this is what they wanted, not a full urban design plan, but a series of alternatives. DWI/Copland's proposal lends itself well to public input, quick feedback and design making. The strengths of the Gage Davis firm are the team they put together; the project architect frOm the Boulder mall, a firm called Communications Arts, and Gage Davis - who has parking structure experience. The crux of the decision of the distance of Gage Davis. Ms. Smith told Council there are some negotiating points she would like to be able to work out in DWI/Copland; and if these points cannot be negotiate~ out, she would select Gage Davis. Ms. Smith said this could be looked at from design sensitivity or from the format of the program that was set up. Ms. Smith told Council the two top proposals gave thought to the process, and both of them proposed efforts to give the City the most input. Some of the proposals did not speak to that process at all. Councilman Van Ness asked if the firm picked was going to design the mall and the downtown. Ms. Smith said there are four elements to the program; functional problems of the existing mall, the proposed expansion of the mall, downtown beautification, and tying the downtown programming into the park- ing study that PBQ&D is doing and resolving the circulation and parking. Ms. Smith said Council had budgeted money for several years to do a downtown urban plan. In anticipating expanding the mall, the planning office has gotten a lot of input that off-mall merchants were being neglected. Ms. Smith told Council she is recommending the local firm as first choice, and asked for concurrence from the Council. Councilman Van Ness said Council takes no action without written material. Council said they would like to see the proposals. Council decided to give the planning office their concurrence at the study session scheduled for Monday, January 29. HOUSING CO~L~ ITT EE Mayor Pro Tem Behrendt told Council the committee has met on the water plant housing project; they need to find out how Council feelS on the survey. If Council agrees, the iWater Plant surveyors can come back to the committee and Council in two weeks. Finance Director Housing Project Butterbaugh submitted a memorandum on renting vs. owning. Councilman Isaac said that Sno-engineering was unclear whether to go ahead surveying city, county and school employees if the county was not going to fund the other half. Ms. Mahoney felt it was important to survey governmental employees to see what needs there are for the water plant employees. Mayor Pro Tem Behrendt said it was important to decide a pecking order for governmental employees to get into the project. Councilman Van Ness said he did not want to restrict this to governmental employees. Mayor Pro Tem Behrendt said the committee felt that this particular project was mostly to be directed as solving the government's problems. Councilman Van Ness stated it was the consensus that this decision has not been made. Councilman Van Ness said the Council has to decide what the decisions on this project will be. Mayor Pro Tem Behrendt said they know they can build anything and fill it; what isn't known is who Council wants the housing directed at. Councilman Van Ness said he does not want to get far into the project with the special committee making decisions that Council does not know about. Councilman Van Ness said the committee should come to Council with whatever decisions they need made. Mayor Pro Tem Behrendt asked Council if the immediate governmental employees in the valley should be ~uestionnaired. Councilman Van Ness said the first decision is whether the housing should be restricted to governmental employee or not. Councilman Wishart said the survey has to be made and not just of governmental employees. Mayor P~ro Tem Behrendt told Council the committee had to know what the project was for before'~they can go any further. Jim Reents told Council the two big issues they are having ~0 make decisions on are based either on a marketing study or canvassing the public sector. The issues are total density of the project, how many units can be comfortably filled at that site, there is a variable density of 40 to 80 units; housing mix within the project. Reents told Council they had done a brief questionnaire of the public sector, and within the school district, city, county, and hospital, in terms of the housing demand it is similar to other surveys. ~egu±ar ~eetlng Aspen City Council January 22 1979 Councilman Isaac asked if the planning office had enough information from this short survey that another one would not be necessary. Reents said he felt the City could build -. any kind of a project at the water plant and would have no problem filling it. Reents said without a marketing survey, everytime a housing project is done there is a chance of compounding the error of the housing mix and the demand. Councilman Van Ness said he had an uneasy feeling of the Council's role in making the fundamental decision. The first step should be to have a list of what fundamental decisions have to be made by the Council with deadlines, get them on the agenda in time with information available. Council agreed with this format. Reents said he would sit down with Don Ensign and do a decision matrix. SUBDIVISION EXEMPTION - Bliss Subdivision Jim Reents told Council this subdivision exemption application pursuant to Ordinance ~39, Exemption- the new condominiumization ordinance, and has gone through P & Z and was approved subject iBliss Corp. to six month minimum lease. The dwelling in question for the last 10 years has been a sinqle family residence and owner-occupied. It was sold to Bliss Corporation, and an addition was made creating a duplex. One unit was owner-occupied for 10 years, the other unit was never occupied so it meets the criteria set in Ordinance #39 regarding tenant displacement. Councilman Parry moved to approve the Bliss subdivision exemption with the six month minimum lease restriction; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #1, SERIES OF 1979 - Amending Sec. 7-143, Park Dedication Fee Amending Park Dedication Fee Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Councilman Parry moved to read Ordinance ~1, Series of 1979; seconded by Councilman Wishart. Ail in favor, motion carried. ORDINANCE ~1 (Series of 1979) AN ORDINANCE AMENDING SECTION 7-143 OF THE MUNICIPAL CODE PROVIDING FOR LAND DEDICATION OR CASH PAYMENTS IN LIEU THEREOF was read by the city clerk Land Dedication Councilman Parry moved to adopt Ordinance #1, Series of 1979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Wishart, aye; Anderson aye; Parry, aye; Isaac, aye; Mayor Pro Tem Behrendt, aye. Motion carried. ~ Authorizationi ORDINANCE ~2, SERIES OF 1979 Authorizing Issuance of Notes for Improvements to Visual ~ for IssuanceI Arts Center of Notes for Improvements fo Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Vis. Arts.Ctr Behrendt. closed the public hearing. Councilman Parry moved to read Ordinance #2, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE 92 (Series of 1979) AN ORDINANCE AUTHORIZING THE ISSUACE OF NOTES OF THE CITY OF ASPEN, Monies dedicated COLORADO, IN THE PRINICPLA AMOUNT OF $100,000 FOR THE PURPOSE OF to the improvizat£on IMPROVING CERTAIN REAL PROPERTY, KNOWN AS THE VISUAL ARTS CENTER; of the Vis. Arts PRESCRIBING THE FORM OF SAID NOTES; PROVIDING FOR THE PAYMENT OF THE Ctr. REVENUES OF THE TWO PER CENT MUNICIPAL SALES TAX AND FROM OTHER SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Isaac moved to adopt Ordinance ~2, Series of 1979, on second reading; seconded by Councilman Parry. Roll call vote: Councilmembers Isaac, aye; Anderson, aye; Parry, aye; Wishart, aye; Mayor Pro Tem Behrendt, aye; Motion carried. ORDINANCE #4, SERIES OF 1979 - Amending Trueman Agreement Amending True- man Agreement Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Councilman Isaac moved to read Ordinance ~4, Series of 1979; seconded by Councilman Parry. City Attorney Stock pointed out the minutes of previous Council meetings spelled out the sizes of the area to be used for grocery store as well as amount of area for S/C/I and NC. Stock said everything at the Trueman Center has been done in compliance with what Council had asked. The agreement will reflect these sizes. Councilman Wishart said that Truemand had asked for a loading ramp and asked for part of it to be enclosed. The Council said he could have an open loading ramp. Brooke Peterson, representing Trueman, said the sizes provided for 2,000 square feet of lower storage and one of the reasons the doors face north/south is that they could not get access off Mill ssreet. Mayor Pro Tem Behrendt pointed out the area is enclosed with overhead doors. Peterson said it is his opinion that the building is in compliance with what Council recommended. The agreement unders discussion does not relate to use of the property; it relates to improvements that have not been made. Stock told Council he wanted to make it clear the building was in compliance with Council's comments. This agreement will allow the release of some escrow funds so that the developer can finisk some commitments. Regular Meeting Aspen City Council January zz, All in favor, motion carried. ORDINANCE #4 (Series of 1979) AN ORDINANCE RATIFYING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND JAMES R. TRUEMAN, PROVIDING FOR THE AMENDMENT OF THE SUBDIVISION AGREEMENT FOR THE Agreement for'. TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT WHICH AGREEMENT WAS DATED THE 8TH Trueman Neigh-~ DAY OF APRIL, 1977, AND WHICH AFFECTED A TRACT OF LAND LOCATED WITHIN THE !iborhood Commercia CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk !iProject Councilman Parry moved to adopt Ordinance ~4, Series of 1979, on second reading; seconded~i by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Van Ness, ii aye; Wishart, aye; Anderson, aye; Mayor Pro Tem Behrendt, nay; Motion carried. CITY MANAGER 1. Snow Removal Expenditures. City Manager Mahoney told Council with the new program budgeting and computer ability, they have up to date information which covers January 1 Snow Removal to January 15. Mahoney said these expenditures are not out of line and do not reflect Expenditures the tremendous amount of snow Aspen has had. Mahoney told Council a lot of the equipment~! is old; they have a loader that is at least 12 years old and is not going to do the job. Mahoney told Council he has leased a new loader at $2700 a month, and he will come back next Council meeting with a lease/purchase agreement. Councilman Van Ness asked how this compared to last year's expenses and to the budget for this year. Mahoney said the salaries are right on budget; the additionals are over- time~ comp time, some contract labor, Dooger Digging is a regular monthly expenditure, the Hickory House is meals provided for men that have been working since 2 a.m. There is~ no correct figure on cinders and gravel. 2. Campaign Expenditure Suit. Mahoney told Council the City has been noticed by the iiCampaign Expend- Secretary ~f State that Michael Gassman has filed a complaint against the City pertaining!iiture Suit to the Aspen ~ne brochure, where The City of Aspen was not put on the brochure. Mahoney said it-was an oversight on his part. Mahoney said the City is accused of using this as campaign literature; it is the opinion of the City Attorney that it is not. Mahoney was authorized by the Council to make this expenditure, and the brochure is totally innocuous. The Secretary of State will have a hearing on this complaint. SET DATE FOR STUDY SESSION RE: Six Month Rental Restriction Steve Parmalee told Council since the last study session, they have selected volunteers; Study Session Kay Reid, Bob George,Dan Helmich, Bill Stirling, and Parmalee. Work has started to dig Re: Six~Month needed information out; they can collect the adequate data in about4 weeks. The data iiRental Restri collected will be to determine the direction of residential areas, whether it is local i!ction to tourist, vis.versa, or stable. They will look at this over a period of 5 to 10 years.i~ The Chamber survey may provide some good information for the work session. Bill Stirlingli said they are assigning areas in the City to research. Mayor Pro Tem Behrendt suggested ii when this volunteer group is ready, contact the Mayor's office for a time. SKI CORP EASEMENT City Attorney Stock presented an easement which will be on next Council agenda, strictly Ski Corp Easement for review. Councilman Wishart left the meeting. ORDINANCE #6, SERIES OF 1979 - Repealing Independent Commission Repealing Indep- Councilwoman Anderson moved to read Ordinance 96, Series of 1979; seconded by Councilman endent Commission Isaac. All in favor, motion carried. ORDINANCE ~6 (Series of 1979) AN ORDINANCE REPEAAING SECTION 24-10.12 OF THE ASPEN MUNICIPAL CODE WHICH PROVIDES FOR AN INDEPENDENT COMMISSION ACTING IN LIEU OF THE PLANNING AND Repealing of ZONING COMMISSION IN THE REVIEW OF ALLOTMENT APPLICATIONS was read by the section 24-10.12 city clerk Councilman Parry moved to adopt Ordinance 96, Series of 1979, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Parry, aye; Anderson, aye; Mayor Pro Tem Behrendt, aye; motion carried. ORDINANCE #7, SERIES OF 1979 - Amending Animal Fees Councilman Parry moved to read Ordinance ~7, Series of 1979; seconded by Councilwoman Amending Animal Anderson. All in favor, motion carried. Fees ORDINANCE ~7 (Series of 1979) AN ORDINANCE REPLEAING AND REENACTING SECTION 5-68(c)(4) OF THE ASPEN Repealing & MUNICIPAL CODE TO PROVIDE FOR SEPARATE FEES FOR A FIRST OFFENSE OF Reenacti~i~ RUNNING AT LARGE FOR ALTERED AND UNALTERED DOGS was read by the city clerk Section 5-68 (c) (4) Councilman Isaac moved to adopt Ordinance ~7, Series of 1979, on first reading; seconded by Councilwoman Anderson. Roll call vote; CounCilmembers Anderson, aye; Parry, aye; Isaac, aye; Van Ness, aye; Mayor Pro Tem Behrendt, aye; motion carried. ~egu±ar Meeting Aspen City Council January 22, 1979 ORDINANCE ~8, SERIES OF 1979 - Bobcat lease Bobcat Lease · Councilman Van Ness moved to read Ordinance #8, Series of 1979; seconded by Councilman Parry. Ms. Butterbaugh told Council the parks department had originally budgeted for the purchase of a truck. Jim Holland feels this bobcat is needed for snow removal on the sidewalks and in the mall. This is switching the money from truck to bobcat and asking for approval of the lease. All in favor, motion carried. ORDINANCE ~8 (Series of 1979) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A VEHICLE LEASE Vehicle Lease AGREEMENT BETWEEN THE CITY OF ASPEN AND IFG LEASING COMPANY WHICH Agreement LEASE IS FOR A TERM OF 36 MONTHS AND PROVIDES FOR AN ANNUAL RENTAL PAYMENT OF $3,704.29 was read by the city clerk Councilman Parry moved to adopt Ordinance #8, Series of 1979, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Anderson, aye; Isaac, aye; Mayor Pro Tem Behrendt, aye. Motion carried. ORDINANCE ~9, SERIES OF 1979 - Separate Fee Interests Ordinance ~9 Stock asked that Council read an amendment of (s)(2) ending with a ; or:. Separate Fee Interests Councilman Isaac moved to read Ordinance ~9, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~9 (Series of 1979) AN ORDINANCE AMENDING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE BY REQUIRING Subdivision . SUBDIVISION APPROVAL FOR THE CONVERSION OF DWELLING UNITS WHICH ARE Approval for th~ DIVIDED INTO TWO OR MORE SEPARATE INTERESTS THROUGH DIVISION OF THE FEE Conversion of TITLE THERETO was read by the city clerk Dwelling Units Councilman Isaac moved to adopt Ordinance #9, Series of 1979; seconded by Councilwoman Anderson. City Attorney Stock explained there is a new ownership technique, which Stock believes subverts the City's subdivision regulations, called the split fee ownership. Someone is advising condominium owners they can sell their units by splitting the fee and selling one-fourth shares to people throughout the country at a much higher rate. This person takes a condominium unit that might be worth $150,000 and sells four shares at $125,000 each. There are some problems in that type of ownership. Stock has a letter from the Condominium Manager's Association which outlines some problems they are looking at, listing 13 separate items, such as social impacts on the community. These avoid being time sharing as the state has adopted a law which says that time sharing is generally annually reoccur- ring time periods. These units have an agreement amongst themselves-which allows for the four people to control how they are going to split up the time of a year. The result is similar to time sharing, but not exactly. Stock has given the opinion that such division of property requires subdivision review and approval by the Council. This Ordinance #9 attempts to make it clear that if that type of ownership is going to be approved, they much obtain subdivision approval or exemption. Stock told Council he is working with some attorneys in the community to help draft this ordinance. Ordinance #9 gets the ownership before Council for review; Stock will draft another ordinance to amend the zoning code. Stock said it is difficult to say that nowhere in this community is it inappropriate to have that type of ownership; it seems to be an appropriate form of ownership for tourist accommodation. Stock said he will go before the P & Z with a recommendation that this kind of ownership be allowed in L-1 and L-2 districts, time sharing and split fee ownerships. Based on this, the Council could deny split fee ownerships in every other case because it does not comply with the zoning code. Councilman Van Ness said he felt this ordinance will have some impacts that Council may or may not want; Councilman Van Ness said he would like more specifics on why this is socially unacceptable. Councilman Van Ness said if two brothers wanted to buy a condo- minium, they would have to go through subdivision. Stock said he is trying to allow that as an exception in (9); currently all tenancies in common and joint tenancies are exempted. Stock noted in (3), which is the new paragraph, he does not want the exemptions in (9) to be so wide that split fee ownership gets through. Stock said he tried to define what is different about split fee ownership that is different from two brothers buying a unit. 'Stock pointed out one difference is in split fee ownership the people do not know each other; they have to have a detailed spelled out plan for one tenant to occupy at the exclusion of all the others. Under tenancies in common and joint tenants, the tenants both have the right to use this and could not be excluded. Stock said what he wants to get at is the free saleability, or severability of the interests. Councilman Van Ness said if everyone owns one week out of the year, that is not a good ~. thing; but that is different than 3 or 4 people getting together and buying a unit. Stock reiterated he is not trying to get to joint tenancy or tenancies in common, but to the people who know to have time sharing they have to go to Council and this technique is a ! ] loophole. They are trying to divide the fee and make portions of it go different directions and make these portions mortgageable and separately sellable. This highly inflates the cost of housing. Gideon Kaufman told Council that the Board of Realtors is very concerned with the concept of fractional fee i~terest, and they have had numerous study sessions. Kaufman said he and the Board will share with Stock their research, they will come up with the various impacts that fractional fee interests may have on Aspen, which will include financability, appraisals, title insurance, legal ramifications. Kaufman said they would make this information available to %he Council. Kaufman told Council the distinctions between Regular Meeting Aspen City Council January fractional fee interests and time sharing are very subtle. Kaufman told Council this research and information would be available by the end of the week. Bill Stirling told Council when ~hey had a broker's forum in December, they asked the members of the Aspen Board of Realtors to wait on this until they knew more about it. Stock explained to Council one of the problems this would cause, if the City goes to a bond issue property owners have the right to vote. If there are four property owners with split fee interests there are four votes. People who live outside the community could control the outcome of these elections. Mayor Pro Tem Behrendt suggested that Stock address the state legisla- ture regarding allowing absentee property owners to vote. Kaufman told Council this is a new concept, and they don't really have a place to look to see what the impact is. Stock told Council after Section 1, the rest of the ordinance deals with enforcement. Section 2 prohibits occupancy and use; under remedies for violation, the City does not have the right of abatement. The state legislature in 1977 modified and prohibited occupancy and use and gave the right of abatement. Stock has put this right into the City's code. Councilman Van Ness invited the Realtors to give a 10 to 15 summary of exactly what the problem is. Kaufman said this is a very intricate situation, the difference between time sharing and fractional fee interests. Kaufman said he would present this at the public hearing or next Council meeting. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Parry, aye; Anderson, aye; Mayor Pro Tem Behrendt, aye; Motion carried. RESOLUTION ~2, SERIES OF 1979 - Mall Expansion Question on Ballot Resolution #2 Councilman Isaac moved to read Resolution 92, Series of 1979; seconded by Councilman Mall Expansion Parry. All in favor, motion carried. Question on Ballot RESOLUTION ~2 (Series of 1979) WHEREAS, the City Council of Aspen desires to submit the question of extending the Aspen Pedestrian Mall to the electorate in the form of a referendum to be held at the May 8, 1979, general election; adn WHEREAS, formal action is necessary to place this issue on the ballot; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the General Municipal Election to be held in the City of Aspen, Colorado,. on Tuesday, the 8th day of May, 1979, there shall be submitted to a vote of the qualified, registered electors of the City, the following question as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election: FORM OF QUESTION Shall the City of Aspen, Colorado, establish as a pedestrian mall that portion of Cooper Avenue that lies between Hunter Street and Galena Street, and that portion of Galena Street between Hyman Avenue and Cooper Avenue, including a portion of the intersection of Hyman Avenue and Galena STreet, the intersection of Galena Street and Cooper Avenue and the intersection of Galena Street and those alleys lying in Blocks 89 and 95, Original Aspen Townsite. Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed questions. Section 3 The election on the proposed question will be held at the designated polling places within the newly established voting precincts between the hours of 7 a.m. and 7 p.m. on Tuesday, May 8, 1979, in the City of Aspen, Colorado, Section 4 The election of the proposed question shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provisions of registration of electors and for voting by absentee ballot on the qUestion of the proposed question shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election shall be registered on voting machines and the ballot lable shall read similarly to the form of question provided in Section 1 Section 7 The election on the question of the proposed mall extenstion shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and declaration of the offiers of the city.i Section 8 The notice of the election on the proposed mall extension shall be published in the 'Aspen Times, a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place within the City, at least ten days before the election. The City Clerk is hereby charged with the dutY of giving such notice containing such information as is required by law. Councilman Isaac moved to adopt Resolution ~2, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry moved to adjourn at 8:00 p.m.; seconded by Councilwoman Anderson. All in favor, motion carried. Kathry~S. Koch, City Clerk