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HomeMy WebLinkAboutminutes.council.19790409 Regular Meeting Aspen City Council April 9, 1979 Mayor Standley called the joint meeting to order at 4:05 p.m. with Councilmembers Anderson, Behrendt, Isaac, Parry, and Commissioners Child, Edwards and Kinsley present. Also presen~ were City Attorney Stock, County Attorney Stuller, City Manager Mahoney and County Manager Ochs. 1. Joint Open Space Agreement. Jolene Vrchota, planning office, told the Boards that Joint Open Space since the OSAB started meeting last July, there have been several instances items were reement discussed that affected Snowmass Village, such as the acquisition of the Hernstadt prop- erty. The OSAB feels there should be a commitment of Snowmass Village on that board. A letter was sen5 to Mayor Jack Schuss asking him if they wanted to enter into a joint amendment, what type of amendment, and if they wanted to have representatives on the OSAB. The OSAB feels any such amendment should be adopted in July, when the agreement is being re-~valuated; they would like formal participation from Snowmass. Ms. Vrchota said it might be a good idea to have someone from Snowmass acting as an ex officio representative until July to maintain a liason with Snow/nass. Ms. Vrchota noted some of the members with one-year terms will be ending, and it seems like a logical time. A representative of the Snowmass Village P & Z told the Boards the Trustees of Snowmass recommended someone serve as an ad hoc member until July. Council and Commissioners felt this was a good idea. Commissioner Child moved to amend the Open Space Board and offer an ad hoc person to Snowmass until the anniversary date; seconded by Councilman Isaac. All in favor, motion carried. Caboose Status 2. Caboose Status Report. Brian Stafford told the Boards the County has identified three Report areas where the caboose could be located; County Airport, Wagner Park to support recreation uses, Rubey Park opposite the trolley car. The County is recommending the third choice; there are some problems as the consultants want to put parking there, and this is used for bus loading. The County felt it could be used there by snow hostesses and as a tour- · st concession. Commissioner Child said it occurred to him that Basalt has a real history of being a railroad community; it was founded as a rail center. Basalt has a need for space for different municipal purposes. Commissioner Child said he had contacted the library board and the Town Council. The Basalt Boards agree they would jump at the chance to have the caboose either for Chamber or for tourist information. Commissioner Child said this is on a loan basis and the lender has an interest in keeping it in the community. Mayor Standley pointed out the caboose was offered to the County, not the City. The only reason the City was involved is the places identified to locate the caboose were City property. County Manager Ochs said the first place they wanted to locate this caboose was County property, which was surrounded by City property, and people objected to it because of the location. Commissioner Child said he had detected a lack of enthusiasm for putting the caboose in this area. ~pecla£ Meeting Aspen City Council April 3, 1979 Councilman Van Ness moved to read Ordinance ~27, Series of 1979; seconded by Councilman ? Behrendt. All in favor, motion carried. ORDINANCE #27 (SEries of 1979) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AN AMENDMENT TO THE CHARTER OF THE CITY PROVIDING FOR ALTERNATIVES FOR ESTABLISHING COMPENSATION FOR COUNCIL MEMBERS INCLUDING THE MAYOR AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the deputy city clerk. Increase in Councilman Behrendt moved to adopt Ordinance #27, Series of 1979, on second reading; Isalaries questionedseconded by Councilman Parry. Councilman Van Ness said he would be in favor of increasing the'salaries of the new members if the salaries of the old members were on the ballot. Stock said the standard procedure in Colorado has been to allow Council to adopt salary increases by ordinance. Stock feels it is a dangerous precedent to begin allowing this by ballot. Councilman Parry suggested an automatic pay raise after a predetermined time period. Mayor Standley said he is against automatic pay raises. Roll call vote; Councilmembers Van Ness, aye; Isaacy, nay; Wishart, aye; Behrendt,aye; Parry, nay; Anderson, aye; Mayor Standley, nay. Motion NOT carried. Councilman Isaac moved to reconsider Resolution ~9, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Isaac moved to defeat Resolution #9, Series of 1979; seconded by Councilman Wishart. All in favor, with the exception of Councilman Van Ness. Motion carried. Councilman Van Ness moved to adjourn the meeting a~ 5:35 p.m.; seconded by Councilman Isaac. All in favor, motion carried. .... She~ Siren, Deputy City Clerk Regular Meeting Aspen City Council April 9, 1979 Mayor Standley called the joint meeting to order at 4:05 p.m. with Councilmembers Anderson, Behrendt, Isaac, Parry, and Commissioners-Child, Edwards, and Kinsley present. Also present were City Attorney Stock, County Attorney Stuller, City Manager Mahoney and County Manager Ochs. 1. Joint Open Space Agreement. Jolene Vrchota, planning office, told the Boards that Joint Open Space since the OSAB started meeting last July, there have been several instances items were Agreement discussed that affected Snowmass Village, such as the acquisition of the Hernstadt prop- erty. The OSAB feels there should be a commitment of Snowmass Village on that board. A letter was sent to Mayor Jack Schuss asking him if they wanted to enter into a joint amendment, what type of amendment, and if they wanted to have representatives on the OSAB. The OSAB feels any such amendment should be adopted in July, when the agreement is being re-evaluated; they would like formal participation from Snowmass. Ms. Vrchota said it might be a good idea to have someone from Snowmass acting as an ex officio representative until July to maintain a liason with Snowmass. Ms. Vrchota noted some of the members with one-year terms will be ending, and it seems like a logical time. A representative of the Snowmass Village P & Z told the Boards the Trustees of Snowmass recommended someone serve as an ad hoc member until July. Council and Commissioners felt this was a good idea. Commissioner Child moved to amend the Open Space Board and offer an ad hoc person to Snowmass until the anniversary date; seconded by Councilman Isaac. All in favor, motion carried. Caboose Status 2. Caboose Status Report. Brian Stafford told the Boards the County has identified three Report areas where the caboose could be located; County Airport, Wagner Park ~o support recreation uses, Rubey Park opposite the trolley car. The County is recommending the third choice; there are some problems as the consultants want to put parking there, and this is used for bus loading. The County felt it could be used there by snow hostesses and as a tour- ist concession. Commissioner Child said it occurred to him that Basalt has a real history of being a railroad community; it was founded as a rail center. Basalt has a need for space for different munlc~pal purposes. Commissioner Child said he had contacted the library board and the Town Council. The Basalt Boards agree they would jump at the chance ~ ~o have the caboose either for Chamber or for tourist information. Commission~=r Child said this is on a loan basis and the lender has an interest in keeping it in the community. Mayor Standley pointed out the caboose was offered to the County, not the City. The only reason ths City was involved is the places identified to locate the caboose were City property. County Manager Ochs said the first place they wanted to locate this caboose was County property, which was surrounded by City property, and people objected to it because of the location. Commissioner Child said he had detected a lack of enthusiasm for putting the caboose in this area. ~egular MeetKng Aspen City Council April 9, 1979 COUNCIL MEETING Mayor Standley called the meeting to order at 4:50 p.m. with Councilmembers Anderson, Behrendt, Isaac, Parry, Van Ness, and Wishart present. MINUTES Councilman Isaac moved to approve the minutes of March 12, 1979; seconded by Councilwoman Anderson. Ail in favor, motion carried. ACCOUNTS PAYABLE Accounts Payable Councilman Isaac asked about an unauthorized purchase Order for Baxter's school. Ms. Butterbaugh told Council this was one of the schools a3police officer attended and it is unauthorized because they did not get a purchase order on time. This does not exceed the budgeted amount. Rob McClung explained this was a grant from R~ion-12, and the money will be returned to the City by COG when the school is complete. Councilman Isaac moved to approve the accounts payable for March; seconded by Councilman Van Ness. Ail in favor, motion carried. CITIZEN PARTICIPATION 1. Tom Dunlop complemented the street department for the flushing and sweeping they have been doing, and the cleaning out of the alleys to the degree they did. The alleys look Compliment to fairly good and the street department has a good head start this year. Streets COUNCILMEMBER COMMENTS 1. Councilman Isaac said he is upset about the announcement that the Ski Corp will be operating shorter seasons. They will be opening Aspen Mountain on December 8 and closing April 6. This will have a fair impact on the community; it will beYharder to get employees and to keep them. Snowmass will open December 1st and Buttermilk on Thanksgiving. Councilman Isaac said he fe~s this does not meet the needs of the community; they are asking for new areas and not utilizing what they have now. Mayor Standley said this is the private sector, and there is not a lot the City can do about it. Mayor Standley asked H. J. Stalf what this did to the bus lease agreement. Stalf told Council they are required to run a certain amount of buses between December 15 and March 31. Stalf said this would do very little to the City's~budget. 2. Councilman Isaac said he was not very happy that the Ski Corp Ks discussing charging $16.50 for tickets and putting a 3 per cent skier use tax on. That Ks inflationary. 3. Councilman Isaac pointed out the Chamber is charging $2 to people who want a host past rebate. Perhaps the Chamber could take this money out of some other fund and not penal- ize the employees. Mayor Standley told Council the Chamber takes on the entire administra- tKon of the pass and get nothing for doing that. It costs money for the Chamber to do that, and this is the absolute directs, cost of dealing with the pass. The businesses, Ski Corp, and City don't pay for it. Councilman Isaac said the City gives the Chamber a lot of funding, and he does not feel this is fair. Ms. Butterbaugh said the charge used to be there for the discount card. Councilman Isaac said he would like to encourage the Chamber to find the $2 per employee out of their budget. 4. Councilman Isaac noted~there are anti-mall ads in the paper, and why weren't these people here for the public hearing. What are their problems. Mayor Standley noted there is a lot of misinformation in the ads, such as lack of planning, and lack of parking solutions. 5. Councilman Issac brought up the memorandum from the City Manager regarding a banner across Main street for Save the Wheeler. Councilman Isaac said he would not like to see a banner across Main street; he would not like political banners on Main street. Council- man Wishart said if a private group puts it up, he has no problem. Councilman Behrendt said the City has projects which they believe in, and they cannot go out and fight for them and spend money to advertise. Mayor Standley told Council there is no set policy on banners on Main street. Councilwoman Anderson moved to add this to the agenda; seconded by Councilman Wishart. All in favor, motion carried. 6. Mayor Standley stated the grass is coming out and directed City Manager Mahoney to do something to make sure the playing fields are not getting torn up, the Plum Tree field, Rio Grande field, and Wagner Park field. The fields will get destroyed quickly as there is a lot of moKsture in the ground. 7. Mayor Standley said there is a sign at the golf course, No Dogs, and there are a lot of dogs on the golf course. There are kids riding motorbikes, also. Mayor Standley asked to have someone watch this. LITTLE NELL'S Request to Modify Premises Request to Modify Premises There was no one present representing Little Nell's. Little Nell's BALLET WEST Request for Office Space Request for Office Space Mary Apple told Council it has become necessary for the Ballet to move its offices from Ballet West the Hotel Jerome because of space. They are presently in a small office at the community center, and they need to be more accessible to the public. Ms. Apple said the Ballet West would like to move 5o the Wheeler, and it looks like the Visual Arts Center will be vacating their space in June. The Ballet West would like to have this space as an office and would like to have it contributed, if possible. If not, they would work some- thing out without disrupting the economics of the Wheeler. This year is the Tenth Anniversary of the Ballet. The benefits and fund drives have been a big success and will enable them to keep their ticket prices very stable. Ms. Apple said she would hope the Council will help Ballet West's efforts to keep the costs down. Mahoney told Council the space the VAC is in is 325 square feet and will be available June 15th. Councilman Wishart moved to grant the space when it is available at no charge; seconded by Councilman Isaac. All in favor, motion carried. MAIN STREET BANNER - Save The Wheeler Main Street Banner-Save the The group working on the Wheeler as the advisory committee, Tom Ward, King Woodward, Flo !Wheeler Glidden, Ann Clasen, want to put this banner up. Councilman Wishart said he saw no reason not to do this; the City allows banners for town races, other things. Mayor Standley said as long as the banner says it is paid for by Friends of the Wheeler and has no ties with the government it is all right. This group is absolutely private people working on the Wheeler. Councilman Behrendt said maybe that space is too sensitive, and the City could let them have space in front of the Wheeler. Councilman Van Ness said he felt uncomfortable about the government taking sides in an election and attempting to influence voters. The role of the government should be to state the facts and let the voters decide. Councilman Van Ness said he did not think the City should get involved with banners across Main street or anything else. Councilman Van Ness asked if the City was going to allow a banner favoring the real estate transfer tax, il would they also allow a group opposing it to put up an equal banner. Councilman Isaac said he felt it is a bad precedent to have election issues on Main street. Councilman Wishart moved to allow the banner to go up; seconded by Councilman Behrendt. Councilmembers Wishart, Behrendt, Parry and Mayor Standley in favor; Councilmembers Van Ness, Anderson, and Isaac opposed. Motion carried. Councilman Behrendt said if the other side comes in and insists on equality, ~the City will have to do it. Councilman Wishart said he would be willing to do that if it is a bona fide non-profit organization. REQUEST FOR FUNDS FOR ROARING FORK VALLEY ART SHOW Request for Funds for Roaring Fork Mayor Standley told Council there is a letter from Jessie Morss requesting funds for Valley Art Show awards for the art show; they want 10 awards at $100 each, or whatever is available. The Curator from the Denver Art Museum will jury the show. The show will eventually hang in the Visual Arts Center, and Ms. Morss requested some funds to get some enthusiasm into the show. Councilwoman Anderson asked if the City had the funds. Ms. Butterbaugh said there is no money available in the general fund, there is some in the 6th and 7th pennies. Councilwoman Anderson said she felt it would add prestige to the show and would be a good way to get Council to support local artists. Councilman Parry asked about matching funds. Councilman Isaac liked that idea; Councilman Wishart suggested getting money from people who benefit from extra businesses in town. Mayor Standley said he would like to put a base on the funds then p~ matching funds about that. Mayor Standley said some of this~ money could come out of the Council budget. Councilman Behrendt moved to make a $500 contribution and a matching one for one on the second $500; seconded by Councilman Isaac. All in favor, motion carried. HY-MOUNTAIN TRANSPORTATION - Request for Endorsement of PUC License Hy-Mountain Trans Request for Mayor Standley announced his firm represents Hy-Mountain and stepped down from the table. Endorsement of Fred Kamm, representing Hy-Mountain Transportation, noted the key words are public con- PUC License venience and necessity. If Council believes this valley would be better served by the addition of another taxi company, by there being some competition and some additional service, Kamm asked for Council's endorsement of their application to the PUC. Kamm submitted a memorandum outlining what they intend to do; there will be 25 taxis and 10 limosines. The base of the operation will be in Snowmass, and they intend to serve the valley. Kamm told Council the company would be managed by himself and two other former-Mellow Yellow people, and the stockholders are all local business poeple. They are trying to address themselves to the problem areas seen in transportation services in the past. Councilwoman Anderson prefers ths idea of competition; it would be good to have a second taxi. At all costs the bickering at the airport should be avoided; it was the worst tourists introduction to Aspen. Kamm agreed people might be restrained from supporting this on the worry over taxi wars. Kamm told Council Doug McCoy said he would support this if there are equal licenses. Kamm stated they would not go into business unless they have substantially equal licenses with Mellow Yellow. Previously there was vast inequality of the licenses. There is a plan for the airport where they will be one taxi line and one limosine line, and only the first taxi will be allow to load and leave. This plan is the only one that can work smoothly. Kamm said he had met with people who had been Mellow Yellow drivers and had told them not~to plan to work for Hy~Mountain. if they got involved in tax wars. Kamm said they are pledged to avoiding taxi wars as best they can. ~ Councilman Isaac he hoped these drivers would be more courteous than Mellow Yellow drivers. ~_~ Kann said they would work hard at it. Councilman Wishart said he would like to discuss with the City Attorney whether it is proper for a governmental body to send a recommenda- tion for a private company. Councilman Parry said he would like to support this, but would like to see a resolution. Councilman Behrendt asked that Stock draw up a resolution and that the City Manager carry the letter to the PUC hearing. Councilman Van Ness moved to direct the City Attorney to draft a resolution supporting their application on the basis of public necessity and convenience, and directing the City Manager to go to the public hearing; seconded by Councilwoman Anderson. All in favor, motion carried. Water Plant ~ WATER PLANT EMPLOYEE HOUSING STATUS REPORT E~ioloyee Housing i' Status Repor~i A memorandum from Jim Reents, planning office was presented updating what the City wants to present to interested developers and contractors. Councilman Behrendt told Council the committee is not sure this is what they want to send out yet. Councilwoman Anderson said she would present ideas on the management system, the criteria on who gets into the housing project, etc. Mayor Standley said this needs to be looked at to insure the City cannot get exploited. Another committee meeting was scheduled for Wednesday, April 11 at 8 a.m. Parking Recommend~ PARKING RECOMMENDATIONS ations Curt Stewart, transportation planner, told Council this was a review of the downtown park- ing supply based on the work by PBQ&D and the surveys they conducted. In these surveys approximately 1,000 people were interviewed and 65 per cent of them were local residents. In the winter, the methodology was revised to insure the data was representative of what was going on in the downtown. Basically, the results from the summer and winter surveys were similar. 40 per cent of the people were parking for 15 minutes or less, and cumula- tively 60 per cent were parking for half an hour or less. The findings are that there are a disporporationate amount of type of parking compared to length of time people would like to park. The basic premzse is one important factor to successful parking situation is there is efficient utilization of the spaces available. Stewart told Council 59 per cent of the people want to park for half an hour or less, that corresponds to 4 per cent of the current parking supply. 18 per cent want to park for an hour or less, which is 38 per cent of the supply; 11 per cent want to park 2 hours or less, which is 12 per cent of the supply; 12 per cent want to park more than 2 hours, which is 46 per cent of the supply. There is some changes in the downtown to bring about the balance. Stewart told Council he had discussed the changes with the Chief of Police, who pointed out there is an enforcement problem going to more restrictions. If the entire downtown core is revamped, it would requiring doubling the traffic control officers. The second concern of the police department is the coefficient of congruence, the public con- cern caused by a total revamping of the downtown would fall upon the police department. Stewart recommended a compromise, if the Council agrees with balancing parking with supply and demand, which is going to more restrictive parking on Galena, Cooper, and Hopkins on a trial basis. Stewart presented maps of the present parking situations and two changes suggested; one is the compromise and the other is changes to mirror the demand that exists. Councilman Wishart said he felt it might be premature to do anything until after the mall election. Stewart agreed it would be a waste of time if the mall pases. Reents pointed out the mall consultants have recommended similar modifications, the parking is not being utilized very well presently. Councilman Behrendt moved to wait through the off'season since it doesn't matter, and after the election allow them to run the experiment on the heavy problem streets and get a report back; seconded by Councilman Isaac. Councilman Van Ness said he had expressed disbelief in the fact that people who said they were going to park for 15 minutes actually did that. The 15 or 30 minute parkers are not the problem, and this plan will eliminate the people that park for an hour or so. Stewart told Council they not only interviewed people, but also posted people to record licenses and turn over time. This was compared with the actual responses, and the data proved to be accurate and was confirmed by observation. All in favor, motion carried. CITY MANAGER 1. Off-season Parking. Mayor Standley asked the City Manager what he intended to do during Off-season off season. Mahoney said he intended to not enforce the parking between April 15 and June Parking 15. Mayor Standley said the Council had decided there is not an off-season in the fall and to enforce the ticketing. Mahoney said he agreed about the fall but not the summer. Councilman Behrendt said he felt parking regulations should be enforced because people get used to the parking patterns, and taking the regulations on and off is confusing. Mahoney said he gets negative feedback on the streets from people who like the off-season and not having parking regulations. Mayor Standley said the City has a job and rules, and the City i has to live by those rules. Councilman Wishart said the only problem he had with nou . enforcing, is what do the traffic control officers. Councilman Wishart said he would just as soon see it suspended. Councilwoman Anderson agreed it is a nice idea in the off season not to enforce parking. It is sort of locals time. Councilman Parry said he was in favor of enforcing regulations. Councilmembers Behrendt and Isaac are in favor of enforcing. Councilman Van Ness favored not enforcing. Councilman Parry said the people he knew would rather see it enforced. Ms. Smith told Council there is a definite request from the businesses in the downtown to enforce parking regulations all year round. It is galling to them to see employees cars outside all day and no one be able to come in. Councilman Behrendt moved the City enforce parking regulations during the spring off-season; seconded by Councilman Parry. Councilmembers Isaac, Behrendt, Parry, and Mayor Standley in favor; opposed by Councilmembers Wishart, Anderson, Van Ness. Motion carried. 2. Executive Session. Mahoney told Council there is an executive session scheduled for Executive Session Tuesday, April 10, at 4:00 p.m. to meet with the consultant who will be giving a report on personnel and employees in the police department. Mayor Standley asked that Mahoney dis- tribute a memorandum to the press after the meeting to make public what went on at the meeting. ~egu±ar ~ee~ng Aspen ~lsy ~ounc~l Apri± 9, 1979 3. Election Issues. Mahoney told Council he was concerned about not having representa- Election Issu~'s tives in the debates going on about election issues; North Mill street, the mall, street beautification, and the Wheeler. The City does not have a team making some of the sub jective work; the City is trying to put out objective information. Mayor Standley said for the mall it is the work of the consultants. Mayor Standley asked if anyone on Council wanted to represent the mall issue. Councilman Behrendt said he would take that and downtown beautification as would Mayor Standley. Mayor Standley said on the Mill street issue, this should be the City Engineer. Councilman Isaac said he would be happy to work on that one. On the Wheeler, the feeling is that issue is for the arts and for the community and these groups should be handling. They have a groupd organized to cover the meetings and do ads in the paper. Councilman Van Ness said the City should be careful on the Mill street issue so that people are not accusing the City of not managing the money carefullyl, and haVe the money taken out of the operating budget. Mayor Standley pointed out this is an unusual expenditure and there are no direct revenue sources for street improvements. Stock told Council they had voted to give the administration funds to put out brochures and information on Mill street. If the Council wants staff to work on other issues, they can do so by motion. Mayor Standley said part of the budget on the mall with the planners was election information. Ms, Smith agreed the $26,000 for the mall planners was to include the information and publication. Councilman Isaac asked for the scheduled on Mill street. Mahoney said this year only engineering and bidding would take place and the work would .start in about a year. Councilman Van Ness said he felt that government's role should be limited to presenting the facts as opposed to influencing the outcome of the election. Mayor Standley said he felt that was what the staff would be doing. ASPEN INSTITUTE Mayor Standley told Council the P & Z had tabled the Aspen Institute's application last week. The Council had, last year, encouraged the Institute to come in and go through theAsPen Institute planning process and had said they would see to an expeditious as possible hearing for the various parts of the application. The Council had agreed they would be available to intercede as a sort of a referee ~if things got bogged down. Mayor Standley said both side!s, the P & Z and the Institute, feel there is a certain capriciousness taking place. This has been in the process since March, and Council has a responsibility to try to keep this application on track. Joe Wells told Council he, personally, did not feel that P & Z was dragging their feet; they have never had the opportunity to see the same application twice. In regard to the tabling, the Institute had said information would be forthcoming and then withdrew the information so there was no information in the packet for P & Z to consider, so they tabled the application. Mayor Standley asked at this point if it would be appropriate for a joint work session with the P & Z, Council, planning office and applicant. Wells said he felt it would be a good idea, there are some differences on interpreting the Code.!i Andy Hecht, representing the Institute, said he is willing to concede the P & Z needs time to consider the information, and if they want more information, that is legitimate. Only ~ one application has been submitted and processed. Hecht said they were disturbed that thel P & Z moved to table indefinitely; there is procedural confusion. The Code was not pre- pared to handle an application of this magnitude. The reason the resolution was with- drawn from the packet is that the City Attorney is submitting that. This is a zoning resolution which P & Z must consider, and then recommend to Council. Hecht said he felt the tenor of this application is loosing what they intended it to be, which is some mutuality, some sense of constructive criticism. Hecht said the conclusion is the applical tion was separated because the City participated in the decision to separate the PUD sub- division from the SPA. The level of detail required for preliminary subdivision and PUD was so expensive, it is silly to go on with it until there is a precise plan that every- one can live with. Hecht told Council there is a 1975 resolution, which is clearly intended to benefit thei! Institute. It is an agreement whereby if the Institute went through the SPA process, the~i would be entitled to proceed in a certain fashion. The Code does not say the applicationsii cannot be separated. The Code states that P & Z has to act and has to make recommendations, the P & Z cannot just table indefinitely. Don Ensign said there have been some fundamen- ~ tal communication problems. Ensign said the plan submitted, the physical plan, management: plan, marketing plan and program, will guarantee what the City is looking for. Ensign said the way the applicant and the way the planning office have interpreted Council's dir- ectives in two different ways. Ensign said they felt they have tried to represent the Institute in the best interests of the community. Ms. Smith said the separation of the SPA from PUD and subdivision is the reason the plan- ning office would like a work session with Council. Ms. Smith pointed out none of the staff who made a staff level decision with the Institute that it might be appropriate to separate the SPA from PUD and subdivision were here at the time of original conceptual approval was made. Ms. Smith told Council she is getting conflicting answers from staff and needs background from Council. There are legitimate reasons for keeping the three applications together. Stock told Council the technical considerations of this application, PUD and subdivision, are not ready for presentation. S~ock said a memorandum written by Bill Kane, former planner, created a process that cannot be changed, and the people involved in the process now want to take a different approach. Stock said he felt the process can be changed; the City is not committed to any particular process at this point. The final decision on ~ /~_~ how to handle this application will be established by P & Z and Council. Hecht said the applicant relied on a consensus to go ahead with the SPA; published the notice, and had the hearing. The Institute is trying to get a consensus on a precise plan developed for this area, and are working on the technical requirements. Regular Meeting Aspen City Council April 9, 1979 Stock told Council that when ~an applicant submits an application to the City, he has the right to due process, which means the applicant has a right to an answer at some point. Stock said he had a question as to whether the P & Z, by their process, had committed them- selves and is not prepared to give that answer. P & Z by the method in which they approached this application and the acts they have taken to this point, may have point themselves in a position where they have to give an answer. Stock told Council he will have .to examine this. Hecht said they did not want to force the process along, but they would like the same conSideration for the process not to slow down. Councilman Van Ness asked why the P & Z tabled indefinitely. Wells answered there had been several weeks of not being able to get a packet of information to the P & Z in advance. P & Z wanted to wait until the information was ready, then schedule for the next agenda. Wells said they were waiting for information in regard to the specific language that could be drafted to deal with the commitment problem. Wells told Council he takes the Position that the program has to have a legal document attached to assure that the commitments would be made by that method, rather than on a good faith~method. Wells said they had a difficult time discerning exactly what the application was because the architecture did not agree with the planning text, minor technical errors. Hecht pointed out another dilemma, is the COde prepared to deal with this application or does it need amendment. Councilman Wishart said although a work session is needed, the. majority of Council will soon change and perhaps the people who are elected should be included. Wells told Council that Hecht has requested that SPA be processed separate from subdivision and PUD. This was originally noticed for public hearing as an SPA, preliminary subdivision and PUD application; Wells said he never envisioned the SPA coming to Council for final action prior to completion of preliminary subdivision and PUD. The inconsistencies in the Code are another question that have to be resolved. Mayor Standley suggested the City staff and Institute staff put together an agenda for the joint work session with material to accompany each of the agenda items. Mayor Standleyl pointed out this Council got the Institute into a process, and it is their responsbility to get the process back on track. The new Council may make some of the decisions, but this Council is the one to make the decision on how to proceed. Council scheduled the work session for Wednesday, April 18 at 5:00 p.m. ORDINANCE ~21, SERIES OF 1979 - Annexation of Midland/Park Annexation of Midland/Park Councilman Isaac moved to read Ordin~ance #21, Series of 1979; seconded by Councilman Parry.i All in favor, motion carried. ORDINANCE #21 (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO was read by the city clerk City Attorney Stock told Council one of the methods of annexation is to allow the City to annex when a petition is made by 100 per cent of the property owners. Councilman must find 1/6th contiguity, that there is a community of interest, annexation will not separate this land from another school district. With these qualifications, the land may be annexedi by ordinance. Stock presented copies of the petition. The property will have to be zoned within 90 days. There will have to be an annexation agreement before second reading. Stock told Council the rest of the development rights for Midland/Park will be taken away, yet it should be left a conforming use. Mayor Standley reminded Council this area was annexed by the City at one time and then was de-annexed because of the timing project with the County housing project. The City has already made the decision they were willing to annex. ~ The only out of pocket expenses to the City is the food tax rebate and the reduction in the water bill. Councilman Van Ness said in annexations what the City is in effect doing is taking money from people who originally live in the City and using it to pay for this annexation. One of the big costs is road maintenance, and if Midland/Park is willing to take care of their road, this ought to be in writing. In all annexations, costs should be kept at a minimum. In this annexa- tion the costs do not seem to be extravagant. Stock noted right now this is a private road and the City is not required to maintain it. Councilman Behrendt moved to adopt Ordinance ~21, Series of 1979, on first reading; seconded by Councilman Isaac. Wells told Council he said he would at least ask the City to consider accepting the road for maintenance under the condition that the homeowners come up with a solution for the parking problem. Wells said he was not sure it was a private road; it may be that the County accepted for dedication purposes but not maintenance. Stock said he would like to write the annexation agreement so that the County PUD is adopted and is part of a City PUD. This would require that any further development go through the City PUD process as though it had originally gone through the process. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Anderson, aye; Isaac, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Mayor Standley directed the planning office and city attorney to work on the road and PUD and come back with What is appropriate for second reading. Lone Pine Water ORDINANCE ~23, SERIES OF 1979 - Lone Pine Water Extension Agreement Extension Agreement Mayor Standley said the City has an agreement with the County that the City will not extend any water into the County without the endorsement of the County. Stock said the County has approved this extension. Councilman Isaac asked if this property was to be annexed after it is completed. Stock said the applicant would like the project annexed as soon as there Regular Meeting Aspen City Council April 9, 19/9 is a building permit. The reason the applicant would like to be annexed is that the difference for the tap fee for the free market units is $40,000 on in-city rates. This came before the Council about six months ago before it had received County P & Z approval. An addendum has come about since, there is some concern from engineering that there be appropriate inspection of the lines. Essentially, what this does is to extend water ser~ vice to the Lone Pine area. In return we receive the in-city rate for the tap for the employee units, the out-city rates for the tap for the free market units, unless they are annexed. This requires the applicant to put in the water lines at his own expense and to dedicate these and the easements to the City. There is a provision regarding water rights the applicant has, which he is to give to the City. Stock told Council this is similar to extensions given to Goldsmith and to Midland/Park. Stock noted the addendum speaks to engineering's concerns. Councilman Isaac asked if the property was annexed and the free market units got in-city tap fees, would it be possible for the employee units to be marketed at a lower price. Peter Coakley said the savings cannot be passed on because the prices are already fixed by the County. Councilman Isaac moved to read Ordinance #23, Series of 1979; seconded by Councilman Parry~ All in favor, with the exception of Councilman Behrendt. Motion carried. ORDINANCE ~23 (Series of 1979) AN ORDINANCE EXTENDING THE MUNICIPAL WATER UTILITY TRANSMISSION LINES BEYOND CITY BOUNDARIES was read by the city clerk Extension of Municipal Water Councilman Parry moved to adopt Ordinance #23, Series of 1979, on first reading; seconded utility Trans- by CoUncilman Isaac. Roll call vote; Councilmembers Anderson, aye; Wishart, aye; Van Ness~mission Lines aye; Parry, aye; Isaac, aye; Behrendt, nay; Mayor Standley, aye. Motion carried. ORDINANCE ~17, SERIES OF 1979 - Council salaries Council Salaries Mayor Standley opened the public hearing, and explained it was passed on first reading. Herman Edel said he had originally sided with Councilman Isaac, but he felt if it meant the difference between someone being able to serve or not serve, this is a cogent argument~ Julie Hane said she is in favor of $400 and $600 per month, this is a relatively low salary for a job that takes a lot of time and this is a reasonable amount. Ms. Butterbaugh pointed out there are no additional unappropriated funds in the general funds. The funds would have to be transferred. Mayor Standley closed the public hearing. Councilman Isaac said Fort Collins and Colorado Springs get paid nothing. Councilman Isaac said he is tired of the Council feeling sorry for themselves and patting themselves on the back. Councilman Van Ness said he supports putting this to the voters, and the majority of Council had previously voted to put this on the ballot. The emergency ordinance required five votes. Councilman Van Ness said he could not buy the reason that voters are not sufficiently informed to make a correct decision. Councilman Van Ness said this should be voted on by the public. Councilman Van Ness said he would like this on the ballot anyway, in November. The Council is being underpaid. C~o~u~cilman Wishart submitted a memorandum saying he felt Council work had gone up 50 per cent over the last 4 years. Councilwoman Anderson agreed salaries should be raised and was sorry the decision changed from last week. This ordinance will raise the salaries for new Councilmembers, and the fairest compromise would be to put this on the ballot in November to have the other Councilmembers salaries raised. Councilman Parry said he is willing to vote this for the people coming in. In order to get a good cross-section and representation on Council, people have to be paid for the time. Mayor Standley noted the City has an $8,000,000 and the present Council salaries are $22,000 total, which represents less than 3/10 of a per cent of the Council budget. The Council is talking about putting the salary increase to the voters when, with an $8,000,000 budget, no one evers shows up at the public hearing. The City has a larger budget than the County, and the Council administers this with a salary base of $22,000. If the salaries were increased to $500 and $700, the Council would have an aggregate salary base of only $44,000 running a budget larger than the County's. The Council is making 38 per cent of what the Commissioners at the new raise; the people on Council have dedicated a lot of time to research, special meetings, work sessions, and stress from the streets. Councilmembers have to be ready to vote on issues because they have done their homework and put time in; this pay raise is really insignificant. People who serve on Council are not breaking even on $250 per month. The Council is on the line in terms of reality, legal responsibility and commitment to the community and responsibility. Every year the Council job demands more. Councilman Wishart said he would like to see the raises back to $500 and $700. Councilman Behrendt noted Aspen has a Council/Manager system and is essentially designed as a Board of Directors. The Council is lay people serving in government in an advisory capacity. Councilman Isaac said if this were put on the ballot, it would jeopardize the other issues one,he ballot. Councilman Isaac said he would prefer to go to the electorate in November. Councilwoman Anderson moved to adopt Ordinance ~17, Series of 1979, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Anderson, aye; Van Ness, nay; Wishart, aye; Behrendt, nay, Parry, aye; Isaac, nay; Mayor Standley, aye. Motion carried. Trash Access ORDINANCE ~24, SERIES OF 1979 - Trash Access Ms. Smith told Council this had come up through P & Z and was a request because of a number of applications before the Board of Adjustment with the complaint that the trash access requirements in the current code are too substantial. Staff agreed, and a proposal was created to reduce the requirements and involved the downtown improvement program. The planning office decided to provide a special review procedure to give some incentive for people to make more efficient trash access areas and clean up the alleys. There is some additional incentive created by amending the growth management quota system to award points for the efficient provision of trash facilities. Councilman Behrendt asked if the trash receptables were under parts of buildings, how was fire safety provided for. Councilman Isaac moved to read Ordinance #24, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~24 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR CHANGES IN TRASH ACCESS REQUIREMENTS was read by the city clerk. Councilman Parry moved to adopt on first reading Ordinance ~24, Series of 1979; seconded by Councilman Behrendt. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye; Parry, aye; Anderson, aye; Isaac, aye; Mayor Standley, aye. Motion carried. OD~rmeyer Ind. ORDINANCE #25, SERIES OF 1979 - Obermeyer Industrial Revenue Bonds Revenue Bonds Mayor Standley reminded Council in November they had approved a resolution of intent for Sport Obermeyer to float industrial revenue bonds for the development of a new plant facility at the Airport Business Center. The City had requested information on employee housing, and beautification of the site, and whether the City could lease or buy the old building. The land the present Obermeyer building is on is zoned for city shops or transportation. Marty Dickerson, Boettcher Co., presented a memorandum outlining how the industrial revenue bond works, what is the City's r~sk and obligation. Stock said he had~reviewed all the documents supporting the ordinance and had recommended some minor technical changes, what have been made. In the ordinance, Section 8, which is important to the City is in proper form. Ms. Dickerson told Council under the statute, the City is prohibited from incurring any liability under issuing these bonds. The City will be reimbursed for additional expen- ditures for analysing this and looking at it. If something disastrous happens to the Sport Obermeyer business, the City still has no liability. The bonds have been guaranteed by Sport Obermeyer, Klaus Obermeyer himself, and Aetna has a first mortgage lien against the building. There is no liability on part of the City. Mayor Standley pointed out that no duties will be imposed upon any City employee or official. Councilman Behrendt asked Obermeyer if he was buying the property. Obermeyer said yes. Councilman Behrendt asked if the City should look to that area to annex, would Obermeyer agree at this~ time to annex. Obermeyer said he was not opposed, and he felt in the future it would be essential to the City as a tax base. Mayor Standley suggested asking Obermeyer for a letter agreeing to annexation. Councilman Isaac asked how many units of employee housing there will be. Obermeyer said he is not'allowed to bUitd any~;~ he would have to change the zoning. Obermeyer said he is building one apartment upstairs and he does have three units of employee housing in town and rents another apartment for employees. Councilman Isaac asked where the negotiations are On the present building~ Obermeyer saidi~ said it is up to the City to decide whether they want the facility and whether it is feasible. Obermeyer said he would rent this to the City at somewhat below the established market price. Mayor Standley suggested before the second reading, the staff should start negotiating to hard figures. Councilman Behrendt moved to read OrdinanCe #25, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~25 (Series of 1979) AN ORDINANCE AUTHORIZING THE ISSUANCE OF $1,450,000 CITY OF ASPEN, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1979 (SPORT- OBERMEYER PROJECT) TO FINANCE AN INDUSTRIAL FACILITY; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, BOND PURCHASE AGREEMENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH INDUSTRIAL FACILITY; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT THEREWITH was read by the city clerk. Councilman Parry moved to adopt Ordinance ~25, Series of 1979, on first reading; seconded by Councilwoman Anderson. Ms. Butterbaugh told Council the City's~,own~bond company had reviewed these documents and has no reservations. Roll call vote; Councilmembers Anderson, aye; Parry, aye; Wishart, aye; Van Ness, aye; Behrendt, aye; Isaac, aye; Mayor Standley, aye. Motion carried. Councilman Parry moved to adjourn at 7:45 p.m.; seconded by Councilman Behrendt. All in favor, motion carried.