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HomeMy WebLinkAboutminutes.council.19790723Regular Meeting Aspen City Council July 23, 1979 Mayor Edel called the joint meeting to order at 4:05 p.m. with Commissioners Edwards, Kinsley, Child, Councilmembers Behrendt, Collins, Parry, Van Ness, Michael, and Isaac present. Also present were County Manager Ochs, County Attorney Stuller, City Manaqer Stalf, City Attorney Stock. 1. Communications Board Request. County Manager Ochs told the Boards he had Nick Pasquarell~ and Pat Dobie to discuss some of the items in this request. The budget requests would be $44,500 total which would be covered by the surplus. The communications board is request- ing the Boards consideration of (1) increase in director's salary, (2) construction of Aspen Mountain repeater site, (3) new communications console, and (4) employee salary Ccmuu~cations reserve. I BoardRequest Councilman Isaac asked why move the repeater site, and what does this save. Pat Dobie told Council the present radioes are in a shack owned by Tyrone Thompson and he charges $75 shelf rent per month per radio. Considering the rent payment, the building could almost pay for itself in 3 years. The other reason to move the radioes, is with dual coverage from Red Mountain and Aspen Mountain, there would be no problems covering the entire county. Commissioner Child said that more electrical power was needed up Red Mountain for the Ski Corp, City and County communications, and there was a lot of pressure to not dig a power line up Red Mountain. Stalf told Council they had the transportation radioes on Aspen Mountain, and the coverage is excellent. Pasquarella said building a power line on Red Mountain is a financial impossibility; it would cost $250,000 to have it acceptable to all the home owners. Councilman Isaac asked if the City and County did not just put.~the radioes on Red Mountain, and now they are going to move them. Pasquarella said the facility will not be moved; the facility on Red Mountain gives excellent coveraged from Aspen to Glenwood. That radio will be left up there and use its facilities; it will operate with only one radio, Pasquarella told the Board that for further growth, they feel it would be wise to move to Aspen Mountain. Pat Dobie said this site not only provide additional coverage, but also more reliability; there will be EMS, fire, mountain rescue, etc., operating off both mountains on two separate electric circuits. Councilman Van Ness said this is an example of a department under budget and there is a compunction to spend the money. Councilman Van Ness said he would prefer to examine this at budget time. Pasquarella said the new repeater site and the new console were in the budget last fall and were turned down. These funds came from reducing the dispatch force and getting ride of the communications director. Pasquarella said repeater sites can only be built in the summer and fall. Con~issioner Kinsley asked why a new console was needed. Pasquarella said the present console is 10 or 15 years old; the circuit boards are beginning to dry up and are pulling apart. They are getting open circuits and are loosing radio contact. It is time to upgrade the facility; Pasquarella recommended it be upgraded in 1977 and 1978. Commissioner Kinsley moved to reallocate these fund as per George Ochs' memorandum; seconded by Councilman Parry. Councilman Parry said he felt this was important to get done now. Commissioner Child asked about salary reserve. H. J. Stalf said the personnel directors worked with the head of communications, and these recommendations were adopted by the communications board with some changes. Stalf said the communications department cut back two people and the work load has increased. These recommendations are within the salary structure. Ochs told the Boards the average salary increase is $50 a month. The elimination of the director and cut back of two dispatchers resulted in $44,000 savings, and this allows for all of these four items. One of them is $10,000 salary reserve for the remaining employees to increase their salaries. The personnel directors analysed what the salary increases ought to be and $10,000 is more than is needed. All in favor, motion carried. 2. Open Space Advisory Board Nominations and Amendments. Jolene Vrchota, planning office, reminded Council in January 1978 an Open Space Advisory Board was established between the city and county to set up a process for planning and acquiring open space properties. Open Space The OSAB is working on an open space master plan. This spring, it was decided it was Advisory Board necessary to have the involvement of Snowmass to have a county-wide look at open space Nc~uinatic~ls & planning. For the last three months, Bud Wilson has been participating as an ad hoc member. Amendments to Ms. Vrchota asked the Boards to have Snowmass join the open space agreement with amendments. include Sno%r~ass The Snowmass trustees voted to join the agreement with the amendments that Snowmass be included wherever there is a reference to Aspen and Pitkin County. They also requested to exempt any and all open space dedication that are required subsequent to subdivision approvals within the town of Snowmass. Ms. Vrchota said the agreement states that whenever open space is purchased with public funds, it will go through a procedure of the OSAB. There was no intention of dealing with privately acquired open space lands. Ms. Vrchota recommended the changes in the memo. The agreement would require the OSAB for Snowmass to have one,regular member. There are 5 regular and 5 alternates and it is recommended that all ten members attend. It is suggested to have 4 members nominated by PCPA, plus One: regular member from Snowmass. The coordinating committee has been redesigned so that the planning department provides the staff; the City, County and Town attorneys and managers would provide the technical advisory service committee. Mayor Edel asked if Snowmass was willint to provide funds for the staffing. Ms. Vrchota said that would have to be negotiated but the town board is in their meeting. Commissioner Kinsley suggested the Boards list the issues that have come up and make decisions On each one. Councilman Van Ness said he felt it would be appropriate to have Snowmass present. Ms. Vrchota said the first item is to include Snowmass wherever Aspen and Pitkin County are mentioned. Councilman Behrendt moved to approve the above change; seconded by Commissioner Kinsley. All in favor, motion carried. Ms. Vrchota told the Boards that section c deals with the composition of the group and Snowmass has requested that one regular member be from Snowmass. Ms. Vrcho~a said she felt it was appropriate to have them included as a regular member, this would substitute one PCPA members as a Snowmass person. Councilman Behrendt moved to substitute one PCPA member for one person from Snowmass; seconded by Councilman Parry. Regular Meeting Aspen City Council duly Z3, ±~/~ Councilman Isaac said if that is specified, he would like to see that one regular member from Aspen be specified. All in favor, with the exception of CoUncilman Isaac. Motion carried. Ms. Vrchota stated the next issue is the composition of the open space coordinating committee to be reorganized that the city/county planning office would provide staff and ~ have technical advisory from the managers and attorneys. Mayor Edel said he wanted some- one from Snowmass present as he feels Snowmass should pay for it and contribute staff. The boards decided to put this issue off. Ms. Vrchota said Snowmass requested the addition of a section which would add to the list which is not required to comply with procedures of the agreement to read, "any and all open space dedications required pursuant to subdivision approval within the town of Snow- mas s". Commissioner Kinsley moved to approve this addition to the Agreement; seconded by Council- man Behrendt. County Attorney Stuller said this might be setting a precedent contrary to the thrust of the Agreement. This Agreement applies only when lands are purchased with public funds. The City and County have never included gift, dedications or whatever. If this is going to be added, then the Agreement should list all types of gifts, etc. Ms. Vrchota said that Snowmass was adamant this be added. Ms. Stuller asked that language be added to say excluding but not by way of limitation dedications received by subdivision. Commissioner Kinsley moved to amend his motion to add that language; seconded by Councilman Behrendt. All in favor, motion carried. Ms. Vrchota told the Boards that currently there are 5 members on the OSAB that have 2 years terms, and one year is up. These members are Jon Mulford, Bill Kane, George Stranahan, Fritz Benedict and Marcia Corbin, the last two are alternates. There are two openings for regular members and 3 openings for alternates. Ms. Vrchota suggested the nominations of Gus Hallam, PCPA nominee for regular member, and.Bud Wilson from Snowmass as the other regular members. The other people that could be nominated are Jim Breasted, Joy Caudill, and Trout Unlimited has not given a name but has shown an interest in having a representative. Councilman Behrendt moved to nominate Gus Hallam and Bud Wilson as regular members and Jim Breasted, Joy Caudill and a TU member; seconded by Commissioner Child. Commissioner Kinsley said he did not want to nominate someone whose name he did not know and wanted to know who the TU representative would be. Councilman Behrendt suggested voting on four members and coming back on the TU representative. Councilman Behrendt moved to approve the four listed names and hold one vacant for Trout Unlimited to give the Boards the name; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt asked if there was anything solid moving through this OSAB. Ms. Vrchota told the Boards there is a master plan being drafted for open space. 3. Request to Fix Staley Road. Peter Forusch, resident of Midland Park, petitioned the city and county to apply a chip Stagey Road - and seal treatment to Staley road, immediately south of Midland Park and Aspenview. This Request to Fix road is a private road; the amount of dust it creates is a nuisance for 80 to 100 residents that border the road. The road is owned by the Ardmore subdivision. The residents would ~ like 425 feet of this road chip and sealed. Dave Ellis said the cost would be in the range of $1100 cash plus in-house services of the city, labor and trucks. Mayor Edel said this is a private road, and in the county, why is the Council discussing it. Forusch said this affects a lot of city residents. Commissioner Edwards said unless the City or County condemn the road and make it a public road, they have no right to go in and pave it. The president of the Ardmore subdivision told the Boards the homeowners cannot afford to pave the road. Ellis said the in-kind contribution could be split between the city and county. Forusch pointed out the residents of krdmore are not as affected by the dust as people at Midland Park and Aspenview. The Ardmore representative said they voted against this because they cannot afford it, but they are for anything the city and county would do to the road. Councilman Behrendt said if this is creating a nuisance and is a public health hazard, it could be dealt with on that level. Commissioner Kinsley asked if the Ardmore subdivision would be willing to dedicate the road. Pat Dobie told the Boards that Staley owns the road and they have an easement. Claire Sanderson, treasurer of the Ardmore subdivision, said there were only supposed to be 7 houses, but more were put in and the traffic has become intolerable. Ms. Sanderson pointed out it will not do any good to chip and seal because when Midland avenue was paved sewer, water pipes connected down through Staley road. The drainage ditches were not reinserted; therefore, the road is constantly eroding. The Ardmore people have been try- ing to keep this filled in but it breaks off and washes away. Dave Ellis agreed there is a drainage problem but there is no way to correct it this year; it is too expensive. The solution would involve a correction of the overall drainage problem. Commissioner Child said this sounds like a long term solution problem rather than a short term solution. Mayor Edel agreed and'said that if $1100 is exspended now, they will be back in next year ~ with the same problem. The real issues and problems are being ducked. Commissioner Kinsley said this situation is where one group of people created a problem for another group and the question is whether the public should get involved in a private matter. Councilwoman Michael moved that the County Manager get the official sense from the Ardmore Association of what they will pay for; then get to engineers and find out the exact cost; bring back the package in two weeks; seconded by Commissioner Child. All in favor, motion carried. 4. A-95 Review: Skyline Area Agencies. Allan told the Boards this is the continuation of a grant that Pitkin County currently has. This is a continuation of Title 3 monies which are for transportation, information and referral for senior citizens. This is a request for continued financial assistance under this grant. It provides money for dial-a-ride and through a van provided by the county. These funds come from the federal government through COG. This year the grant is $2669 Commissioner Kinsley for favorable comment; seconded by Councilman Parry. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of June 11, 1979; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Finance Director Butterbaugh said Mayor Edel had questioned what good it does to approve accounts payable after they have been paid. Bills come up, there is already a purchase order, they are checked with budget, the paperwork completed and approved. Council has not seen the purchase prior to payment. Accounts payable is a list of what has been paid. Cities do. not review prior to payment because they are on a budget. The system is designed to be able to review the bills prior but the City has not had the money to do the program- ming to put it on line. If Council wants to implement the program next year, finance will come in at budget time. This would be one more level of control, and the bills could be reviewed prior to payment. Ms. Butterbaugh told Council this system would give her better control, and she would know exactly how much is owed at anytime. Councilman Isaac said he felt it was an administrative job to go through the checks and determine which ones have been budgeted. Councilman Behrendt said he has no problems with the past system. Councilman Isaac said he was more concerned about checks for unauthorized purchase orders and would like to see those before they are paid. Councilwoman Michael said she like the current procedure. Ms. Butterbaugh said she would hate to see further delay on these check for unauthorized purchase orders, and it might be appropriate for Council to set,a level, like $5000 or $500. Council decided to think this over before implementing this. CITIZEN PARTICIPATION 1. Tom Dunlop told Council that last year Aspen entered into a contract with the Aspen Dumping Snow- Sanitation District to use their site for dumping snow. Dunlop Said he had just finished Sanitation District. monitoring the project and cleaning up the property. Dunlop sampled the river routinely as a request from the state health department, Trout Unlimited and the San District, and found there was no deterioration of the river quality due to the City dumping snow there. That was a main concern. Dunlop presented his statistics to the San District so that the City can get a response to the City dumping there next year. The trash accumulation was picked up by Dunlop, streets and parks department, and through this effort it looks very good. The rating of the sanitation plant was not jeopardized by the City dumping down there. Dunlop told Council that dumping snow at this site is an economic benefit to the City. 2. Keith Long, Smuggler Trailer Park, told Council they were in a situation where they Smuggler Trailerll needed the City's help or they may lose a lot of employees. This item is on the agenda for Park - request the next meeting. Long said the trailer owners have been given an opportunity to buy the help from city park and sell the lots back individually. Long suggested the City may co-sign a loan for a community project. Long said the trailer owners feel good about being annexed into the City. The tenants feel that if there is another rent increase, many people will have to move. The owners are in a desparate situation. City Attorney Stock told Council the City has only 90 da~s in which to zone the property after annexation. Stock has talked to the lawyers representing the homeowners and the property owners. Stock said the staff may create a new district allowing for mobile homes, and then to rely on mobile home park regulations. The City staff has not done anything in regard to the questions of subdivision or purchase or redevelopment of the property. Councilman Behrendt said if the Council does not act quickly, all their options will be gone. Councilman Behrendt asked if Stock could see a route to answer some of the problems. Stock said the City does have a housing authority, who could redevelop the property. The City has the authority to create an urban renewal a~thority. If the City feels they have blighted areas, the Council can create authority to go out and take property through eminent domain and redevelop the property. The City cannot help by co-signing a loan because the Constitution prohibits that. The City could authorize some sort of bonding to allow for ownership of the project. Ms. Butterbaugh told Council the homeowners attorney was investigating ways of the City being involved and was to meet with the City's underwriters to look at industrial revenue bonds or industrial development bonds. Councilman Van Ness said the owner of the trailer park should be made aware of any meetings. Council asked that staff prepare the informa- tion and options as soon as possible. COUNCILMEMBER COMMENTS 1. Councilman Isaac asked for a run down from the planning office on the alternatives Rio Grande area Rio Grande area. There are a number of proposals coming up and the Council has not looked at them. ~egu±ar meeting aspen ~lty uounc~± Ju±y z~, ±~/~ Ms.~Smith told Council she would like more time to do research. There are some proposals that should be looked at jointly with the county, like the jail, and others. The perform- P~io Grande area ing arts committee recommendation will be given tomorrow. There is also Fritz Benedict's proposal for housing. Ms. Smith told Council she would like another design look at the area before bringing it to Council. 2. Councilman Isaac said he would like Council to have a session to discuss interviewing the city manager applicants and screening them. Councilman Van Ness agreed the best way !City Manager to do this is sit down with the Council and decide what they are looking for, and to applicants develop specifications for the job. Council set the meeting for Wednesday July 25 at 5. 3. Councilman Parry told Council there is a trolley car in Aspen and people are trying to get the trolley in. Councilman Parry suggested setting up a meeting for a presentation of this idea. City Manager Stalf told Council he was meeting with the representatives of Trolley cars the trolley car, and they want to have a package to present to Council during budget time to see if there is interest in having a trolley car. 4. Councilman Van Ness said he had requested a month ago an organizational meeting where Council decides whether they want unlimited discussions on agenda items or to keep things moving along efficiently, and to discuss the powers of the Mayor vis a vis the Council and vis a vis the City Manager. Councilman Van Ness said it is important how much time is required on Council, and he feels things could be done more efficiently. Councilman Van Council Ness said he would like this to be an executive session. Council set this meeting for procedure Wednesday, July 25 at 4:00 p.m. Bil Dunaway objected to a closed meeting as the Council isnot personnel but eleCted officials. The meeting will be open. 5. Councilman Behrendt said he had not been receiving transportation reports and would like to get them. Curt Stewart told Council these are seasonal reports and would be dis- tributed tomorrow. 6. Councilman Behrendt suggested getting name plates for Council and staff so that the people in the audience would know who Council are. 7. Councilman Collins commended the staff for the fans in the rear windows and said they made a big difference in the Council chambers. 8. Mayor Edel told Council Dave Hurlinger, head of Colorado HoUsing Finance Administration, supposedly have money for employee housing. Hurlinger agreed to come speak to Council on August 8 at noon, to.see if he can be of any help to Aspen. 9. Mayor Edel mentioned a letter from a young lady regarding the high incidence of crime !iStreet lighting and asking for better street lighting. 10. Councilwoman Michael said she feels a sense of urgency about employee housing and it is not articulated unless it is winter time. Councilwoman Michael said she is afraid that Employee housin~ the City will be facing the next building season with relatively few housing projects on the books. Councilwoman Michael suggested that Council direct Jim Reents, housing direc- tor, to draw up a set of guidelines as to what a private developer has to do to comply with the City's codes that a layperson could understand. Also, Councilwoman Michael would likei! Council to ask Reents to put together a local conference to involve Council, city staff, and the private sector telling the city their perceptions of employee housing problems. Councilwoman Michael said she would like to talk to bankers, finance people, and builders so that Council does not think that the public sector is the only one concerned. Councilwoman Michael moved to aske Jim Reents for this set of guidelines and his thoughts on such a conference; seconded by Councilman Van Ness. Reents said the planning office has tried to work individually with people in the past on this. P~ople are intimidated by the process that they never get as far as the planning office. Reents said he felt this could be done enough to give the individual the idea of the form of the process. Councilman Van Ness stated he was in favor, Council has the responsibility to look into the process. All in favor, motion carried. AMERICAN HIMAL CHULI EXPEDITION - Request for Endorsement and Funding Skip Horner reminded Council they are going to Nepal to climb a difficult route. This Himal Chuli climb will attract a lot of attention; it is called the American Himal Chuli expedition expedition because they went before the board of the American Alpine Club to get their sponsorship. It is an Aspen expedition as the original members are Aspenoids and the organization is going on in Aspen. Horner asked Council for their official endorsement. Horner said they~ have a budget of $45,000, which is not a large budget, and they are asking Council for $1,000. They are half way along in raising the money by a grassroots level. A lot of thei~ publicity about Aspen has been negative; once this expedition is successful, it will creat~ a lot of positive publicity. Councilman Behrendt said Council ought to endorse this expedition. However, how will Aspen get the attention back when this is called the American Himal Chuli expedition. Horn~r said they had contacted two television personalities, and they will do some cover- age about the climb and its aspect in Aspen. There are press releases to the major national newspapers with a focus on Aspen. Ms. Butterbaugh told Council the general fund does not have any available money to appropriate. Councilman Van Ness said this sounds like a worthy expedition, and the publicity will be favorable. However, Councilman Van Ness said he had a problem drawing the line when to support a projects and what types of projects. Councilman Van Ness asked if it were appropriate for the City of Aspen to take taxpayers money and give it to a relatively small group of people going on an expedition. There is no direct financial benefit to the City. ReHular Meetinq Aspen Cit~ Council July 23, 19/9 Councilman Van Ness moved to endorse the expedition; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Parry moved to fund $1,000; seconded by Councilman Behrendt. Councilman Parry pointed out there would be television coverage and some exposure and it will be favorable to Aspen. Mayor Edel said if they would be willing to get the word Aspen into promotional campaign, he would be more favorable. Mayor Edel said he did not see any tie to Aspen. Joan Klar said the expedition would like to get a small version of the Aspen flag to put on top of the mountain; there will be no doubt where this expedition is from. Councilman Isaac said the City does not have the $1,000. Councilmembers Behrendt and Parry in favor; Councilmembers Isaac, Collins, Van Ness, Michael, and Mayor Edel opposed. Motion NOT carried. PAVING SIDEWALK ON E. HOPKINS Franz Berko told Council he is concerned as the people who own the lot to the east of him, put snow on the non-existent sidewalk and it is never plowed. People have to go in the middle of the street. Berko said they cannot plow it because there is no sidewalk. City Sidewalk paving Manager Stalf told Council he had spoken to representatives of the owner of this property, E. Hopkins and it is for sale. The attorneys are cooperative on working on putting in the sidewalk; they are negotiating to sell the bank and this property. Councilman Van Ness asked if the city could force the property owner to pave the sidewalk, or can the city plow it despite the fact it is not paved. City Attorney Stock said the city could plow it, nonetheless it would not get to solid surface. The City can legally force putting in a sidewalk, but only through a special improvement district and this is costly. Stock said the best approach is to deal with the owners and ask them to do so voluntarily. If the owners want to build something on the property, the city can force them to put in a sidewalk. Stalf said he would bring this back on the next agenda. APPEAL TO ALL TWINNED-TOWNS THROUGHOUT THE WORLD IN FAVOR OF THE REFUGEES FROM SOUTHEAST ASIA Mayor Edel told Council this program wants the city to accept families and bring them in Refugees as wards with the city sponsoring them and seeing that they are financially secure until they get on their own. Mayor Edel said there is no dollar figure included but it is probably pretty heavy. Stalf said he would give this to the social services at the county so that the Council could get more information and costs, etc. and place on the next joint agenda. Councilman Collins said he felt this should be a private sponsor, someone outside the city. Councilman Van Ness said he would like more information. OPENING OF THE GOLF COURSE Ms. Butterbaugh showed Council what was budgeted for operation and capital expenditure; Golf Course - the debt service is $72,000 and $63,000 was provided out of the bond issue. There would opening date be a shortfall of $40,000 regardless of the decision; there will be another $40,000 short fall if the course is not opened. Holland told Council the grass on the course can take the play for 2 months; however, it is not in top condition and is not a competitive course. Holland said this is not just a matter of money, but is a matter of pride. It will not be presenting Aspen image as a top notch course. Holland told Council the course will sustain some damage if it is played upon. Bruce Roberts pointed out if the course is opened, they will not be able to continue working on it. Mick Mahoney told Council the city had made a pledge to the community that they would have an 18-hole golf course to aid summer activity and that it would open this summer. Mahoney said the promise was that the city would not come back to the public sector for tax funds. Mahoney said this course could be an element in some of the packages for the summer. Councilman Van Ness said it was the intent this course pay for itself and he would like to get it open. Bill Waxman told Council he felt the golf course has a fine layout. Wa~man said he felt that anyone who played the course would admire it. Waxman suggested charging lower green fees for the rest of this year. Mayor Edel said he had been contacted by local golfers who think it would make more sense to delay the opening until next year. Mayor Edel said the City has spent over $1,500,000 and it seems absurd to jeopardize $30,000 to open it now. Ms. Butterbaugh told Council the projected revenues will have to be covered because the course did not open. The general fund does not have the money; the only unrestricted funds that are available are in the water fund. The Council could say this money has to be paid back to the water fund from operating revenues; however, the first 5 years of the golf course pro3ect a break even. Councilman Parry moved that the City does not open the golf course this year; seconded by Councilman Behrendt. Councilmembers Parry, Michael, Behrendt, and Mayor Edel in favor; Councilmembers Collins Van Ness and Isaac opposed. Motion carried. The supplemental appropriation will be brought back to Council. AVVNA BUILDING SPECIAL REVIEW Jim Reents, planning office, told Council this is a special review of an FAR bonus to %VVNAbuilding provide employee housing and a reduction of required parking for employee housing. In · ~/~ecial review- the O, office district a .25:1 FAR bonus may be approved and of that .15:1 is allowed .~k~ployee housing for employee housing and .1:1 for commercial space. The proposal is to modify an exist- bonus lng structure and expand it to include 1 employee housing unit and to maximize the comm- ercial space. The applicant is maximizing with the"employee'l.housing unit and is minimiz- ing commercial bonus because of the restrictions of a small site. P & Z has reviewed this and has recommended approval in a reduction of required parking for the employee housing unit. Because of the small size of the site, 3,000 square feet, it was the opinion of P & Z that no off street parking space for the employee unit should be required becuase of the greater benefit of the unit. P & Z recommended that Council support the approval of the FAR bonus and the parking requirement. Councilman Isaac moved to approve the FAR bonus and the reduction of the parking; seconded by Councilman Parry. Reents told Council this proposal is for one structure of 2780 square feet for office space and one employee unit. There will be 3 parking spaces on the alley. The Code does not address non-conforming uses where structures are already in place. All in favor, motion carried~ PROGRAM FOR GOALS TASK FORCE Council had stated they would like to see a goals task force established. Ms. Smith, planj ning director agreed this is appropriate in terms of reviewing past directions, public programs, and future direction for growth and development. Ms. Smith presented a memo Goals Task Force for establishing the task force, a tentative agenda for the next 3 months to get this going, and budgetting. Ms. Smith requested that if Council agrees with this program, she will budget for 1980. Councilman Isaac moved to direct Ms. Smith to proceed; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE 943, SERIES OF 1979 - Water Plant Annexation #1 Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. !lOrd. 43,1979 ~Water Plant Councilman Parry moved to read Ordinance #43, Series of 1979; seconded by Councilman i!Annexation #1 Collins. All in favor, motion carried. ORDINANCE ~43 (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Isaac moved to adopt Ordinance 943, Series of 1979, on second reading; seconded!i by Councilman Collins. Roll call vote; Councilmembers Michael, aye; Isaac, aye; Behrendt, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. CITY MANAGER 1. Fountain in Mall at Galena and Hyman. Stalf reported to Council that there is no clear cut decision as to whether the fountain should be functional or not. Stalf said there is a contest for a sculpture and fountain in the mall, and the decision is whether ii Mall Fountain it should be a functional fountain. The city has p~oblems keeping the fountain clean as i Galena & Hyman it is; maintenance costs of a functional fountain are far greater. Councilman Parry said when Council made the award $15,000 it was for a fountain to have a purpose to block out traffic noise and make a pleasant area. Lou Wille said a fountain that doesn't function is emasculated, and it will not bee too difficult to maintain. The fountain could be operated with a direct flow of city water. The people in this contest should be given very definite set of rules. The fountain should function in the summer and be a screen and a good sculpture in the winter. Bill Jamison agreed the fountain could be made for $15,000 if the artist is left to do what he wants, whether it functions or not should be left up to the artist. ~ Stalf told Council he hears from the fire department and fire marshal that the fountain is very dangerous. It might be appropriate to do some design work for the entrance to the mall, and also some work on maintenance costs on a functioning fountain versus a non- functioning one. Stalf told Council it is publicly known that the City is having a com- petition for this fountain/sculpture and the money is committed. Councilman Behrendt suggested having Stalf come up with specifications for the artists to use and bring back at the next meeting. 2. Parking. Curt Stewart, transportation director, told Council he had talked with the traffic control officers and downtown businesses; they have noticed an increase of people turning over the parking spaces. One of the weaknesses of the program is a lack of infor-Parking plan & mation program. The handbill idea took away from the TCO's patrolling and regulating the regulations parking. Stewart told Council that once the theory was explained, people are very recep- tive to it. Stewart said he felt there is a need to provide more parking supply. Stewart recommended two one-way loops in town, Galena to HYman and Mill to Hyman. The second loop would conflict with the Silverking route, and would require signal modification at Mill and Main. Stewart's alternative is to one-way Galena south of Hopkins around to the first block of Cooper; this would provide additional 22 spaces or 484 cars in 11 hours. This is a low cost way of providing more parking, and it works from a circulation stand- point. Another alternative is the redesigning of Rubey Park to improve the transit station and to provide 45 additional parking spaces. Stewart said he is trying to determine how much work can be done in-house. Stewart told Council he feels there is a need to expand the Rio Grande area; it is at capacity 80 per cent of the time. Stewart Said it would be nic~ to have a trolley in Aspen if it served a well-defined role and could be used as a shuttle to perimeter parking. Stewart told Council the City had a commitment to the Ski Corp to provide a good loading area at Rubey Park, and the City cannot take up too many spaces for parking. Stewart said for winter parking spaces, he would not want it to be at the detriment of staging buses. Councilman Behrendt said he did not see how Rubey Park could be graded and paved before the end of this sum~er season. Stalf told Council if the work is not done now, it will not be done until a year from now. Councilman Van Ness asked what Gage Davis' recommenda~ tion for Rubey Park was. Stewart answered to make it a parking/transit facility. Mayor Edel suggested having all the alternatives outlined with the potential costs. Council requested copies of the Gage Davis report, and alternatives and cost figures for the next Council meeting. 3. Water Plant Housing Update. Jim Reents reminded Council he was to try to facilitate getting into the ground with this project this year. They have set a date of September 15 Employee housin for preliminary design work. There are some decision facing Council to meet this dead- water plant line. Reents requested special meetings August 1, 2, 3, and 7 for emergency ordinances update to annex this site in two steps. Reents will then go the P & Z the SPA zoning recommenda~ tion and SPA plan approval, 8040 greenline review, and subdivision exemption. At that point, with building permits, the builder could start construction. Reents told Council the previous Council had made a commitment of extending utilities to the site and that the City would absorb the costs of that extension. The bulk of this cost is the extension of of a trunk from Highway 82, in the range ofi$100,000. Reents said for the City to contract for engineering work and to advertise for bids for construc. tion of the extension, the rest of this year's building season is lost. Reents suggested Council allow the contractor to get the engSneering work done and to coordinate with the individuals that will do the on-site utility work to do the trunk line installation. Thi~ w uld be an agreement that at a later date, the City would reimburse the contractor for the construction of the trunk line. This is the only way this project can remain on schedule. Reents said this utility extenSion should never become pa~t of the bond structure; it is a cost of the city not the developer. Mayor Edel said he thought the cost of the utility extension was to be put within the bona and be reimbursed. Ms. Butterbaugh agreed with that; the reason for going to a bond issue is to meet the costs of that project. Councilman Behrendt pointed out the previous Council's commitment was to provide the land and to supply the utilities to the site and there would be no further support from the public sector. Councilman Behrendt asked whether this Council wishes to continue in this way. Mayor Edel noted the previous Council did not supply any budget for this commitment. Ms. Butterbaugh pointed out that any additional costs to the contractor will come back in rents. Ms. Butterbaugh said the city has to determine if this utility extension cost is part of the bond issue, that the rents are of benefit to the local employees. Ms. Butterbaugh said there is not enough information right now that the Council can rule out whether the project can or cannot support the added costs. Reents told Council the city should line of the engineering for this project and get peop~ to allocate some time. Mayor Edel said sense of Council is to proceed as fast as possibl~ Reents told Council he had given an early August date to give the architect the go-ahead to develop, pr~ to the signing of the design and build contract, the construction docu- ments. This is a scheduling problem. These documents will give the city a more refined per foot cost. Jack Miller, architect, reviewed the plans for Council. There are 5 acre~ with 80 units at .62,000 square feet and a mix of studioes, 1, 2, and 3 bedrooms of 10 uni to a building. Miller said the buildings are located on the lower portion of the site and are low profile. The buildings are small, two-stories. They tried to blend the desi concept into the site. Miller told Council they would like to progress from this point into construction drawings and need about 2 to 3 weeks to develop these drawings to pin down a price. Reents told Council we would like ~ouncil to authorize the ~rchitect to go ahead and to approve this preliminary concept plan. Councilman Behrendt moved to authorize the architect to go ahead and to approve this preliminary concept plan; seconded by Councilman Parry. Ms. Butterbaugh asked if this was in addition to the present contract. Reents answered yes and this is maximum $10,000 to $15,000 extra cost if the city does not walk away from the project. If the city does not, this cost will be covered by the bond issue. Reents said if something makes this project unfeasible, and the city walks away, they are riskin¢ $10,000 to $15,000 for architect's time and construction documents. If the city does not' take this overlap in time, prior to design and build contract, there will be a project cost of 10 to 15 per cent as it will not be built until next year. Councilman Collins said he thought the original deal was that $25,000 would take the city up to th~ go or no go point, and this is being incremented by anouth expenditure. Reents said the original contract went through preliminary design process and the SPA approval phase. Mayor Edel said the Council was not given the total information at the first. Ms. Butterbaugh asked that if Council approves this expenditure, that they give approval contingent upon the outcome of a meeting with the underwriters. As long as an underwrite~ guarantees to go with bonding, Ms. Butterbaugh said she was not concerned upon this advance. Councilman Behrendt amended his motion to be contingent upon that. Stock told Council funds that are expended prior to adoption of a resolution indicating Council's intent to issue Industrial Revenue Bonds cannot be part of the total bond structure. If Council authorizes these expenses tonight, they will not be part of the bond. Miller said they needed six weeks for plans and specs and another two weeks for a contractor to bid. Councilman Behrendt asked if the architects could proceed without approval until after Council passes the inducement resolution. Miller said they were willing to go ahead with the drawings as far as the extension of the funds. C~uncilman Behrendt modified his motion to give approval of the preliminary concept to carry through SPA; seconded by Councilman Parry. All in favor, motion carried. ~egu±ar Meeting Aspen City Council July 23, 1979 Mayor Edel stated that the public hearing on the Aspen Institute was closed last week. Council can accept written comments or can unanimously agree to suspend the rules and Aspen Institute open the public hearing. Councilman Parry moved to suspend the rules and allow public input in this meeting; seconded by Councilman Behrendt. All in favor, with the exception of Councilman Collins. Councilman Collins changed his vote to make it unanimous. Motion carried. POLICE DEPARTMENT REPORT Rob McClung, Chief of Police, told Council he has gone through an extensive hiring proces~ and has many new personalities in the department. There are professional people in the Police department. McClUng told Council they have arrested the sexual assailant and the cat Department burglar, responsible for many burglaries. The police department has increased the patrol Report in the evenings, and are short-handed in the day. The police d~partment has gone through an upgrade of salary to improve the attrition rate. The police department has the best output in years, and the men are performing on a level of excellence. McClung said he was pleased with his personnel. McClung said the department has worked on sexual assault~ have made up a brochure, and can inform women what to do. McClung said he has had nice comments on the department and feels they are peacekeepers first. Mayor Edel asked if McClung was getting out and seeing people on a one to one level. McClung said he had spent time with Rotary, meeting people in the restaurant business and feels he is getting to iknow the community better. Councilman Van Ness said he felt the police department has come a long ways. ORDINANCE #40, SERIES OF 1979 - Aspen Institute SPA Mayor Edel opened the public hearing. Ord. 40, 1979 1. Harry Rosener told Council he has attended the Institue for 15 years and is grateful Aspen Institute to them. Rosener said he understood the philosophy behind growth control, but could not SPA understand why it seems relatively unimportant that this situation is solved and cured. Rosener said he felt many people in the community have felt that the thing was coming together and there would be a solution. Rosener said he could not understand why the problem of the housing situation with respect to the Institute is treated the same way as it would be with any other tourist facility because it is a very different thing. Rosene] said he felt this community takes a much greater risk in not solving the problem than in seeing to it it does solve the problem. Rosener said he was aware of the poor PR from the Institute; nevertheless, the importance of the Insitute itself is more critical than the actors playing out the scene on both sides. 2. Kris Marsh, president of Chamber of Commerce, read, "The Aspen Chamber of Commerce, which represents 70 per cent of all Aspen businesses, is seeking to preserve the quality of the Aspen experience by sustaining the existence of our exceptional long standing Institutions. The Music Associates of Aspen and the Aspen Institute for Humanistic StudY contribute to the intellectural, cultural and economic viability of our community. Without these organizations, Aspen would become just another ordinary resort. In order to fulfill these objectives, the Chamber has been mandated by its membership to encourage the conference visitor. This visitor is a person who stays longer, flies in, and spends at least $75 a day in the community. A conferee is a tourist, and Aspen is a resort town sustained by tourists. The Aspen Institute for Humanistic Studies is seeking to provide better facilities for the conference tourist. To restrict the Institute's application with an illogical distinction between tourist and conferee and thereby cause the denial of the Institute's proposal, would be detrimental to the quality experience that is Aspen. We urge the Mayor and the members of the Council to favorable review and pass the request of the Institute presently before them without any constraints or delay. Your actions will. determine the future course of our community." 3. Roger Hunt told Council he was all for the Institute as a conference center, but is dead against a commercial hotel, no matter what the size, in the west end. It does not make sense to have it there. If they want a commercial hotel, let them come under the growth management plan. Hunt said Ordinance #40 does not restrict them from being a commercial hotel. Hunt said he feels the Institute wants to build a hotel and if they get in trouble, they will dump it and sell it. 4. Earl Vance commented the City is not helpless in the face of this monster that seems to be leaning over it. The City has all kinds of leverage if this does not suit them up to the time this becomes a commercial hotel. To deny the request of the Institute because of some vague threat, over which the City has control, is vague. 5. Bill Martin, resident of west end, commented the Institute has been here 25 years and has been renting rooms in the west end for 25 years. Technically, people cannot say that there has not been a hotel. The Institute has had 92 rooms in the west end who have been rented to people who want to enjoy the atmosphere of the west end and of the Institute. 6. Howie Mallory said the question of semantics between tourist and conferee has already been answered. Aspen is already in the conference business; people come to confer on the mountains with bi-weekley and weekly turnover. Aspen has already been experiencing conferees. The average stay of Institute's people of a non-conference person is from 5 to 7 days. That seems to be coincident with the average stay of visitors who come in the winter. Mallory said the solution of the Institute problem by allowing it to develop and operate as a conference facility is in the best interest of the community, and supported that the Council move in that direction. 7. Jim Breasted told Council he had been involved in making early decision on the rezonin SPA for the Institute, both on P & Z and Council. Breasted said he particularly enjoy the property in the summer and is emotional about the area. Breasted told Council he had worked with the Institute and is acutely aware of their problems in the land planning arena and sympathizes with the Institute on wanting to capitalize on that piece of propert Breasted told Council he felt this is one of the most important decisions this Council will make in regard to land use in the City of Aspen, and hopes that Council will really look at it from the heart and not just from the point of view of the Institute, who has to look out for their own interests. The Council has to look after the interests of the town. Breasted said historically it's been institutional; the Council was remiss in not i Aspen Institut~ zoning it institutional. It is more than just the impact on the neighborhood; it is what % ~!SPA that piece of property is in itself, it is magnificent. If it becomes a big conference center, it will change forever that end of town. Breasted urged Council to decide on the merits of the case; is that the best, the highest use of that piece of land at this time. 8. Gaylord Freeman, vice-chairman of the Institute, told Council, in response to a question of whether the Institute would remain, he would be desolate to see the Institute leave Aspen. The trustees do not want to leave Aspen; they have grown up with the re-bir~ of the City. The Institute has helped the City grow; the visitors have been an important source of revenue for the merchants. The Institute may be the largest taxpayers, and is preserving one of the most beautiful and largest, open green spaces in the City. Freeman said he felt pleased that what the Institute was asking for would help the city merchants, would provide more tax revenue for the city. Freeman said the Institute was not going to leave if they could possible stay, and they are hopeful the Council will'enable them to stay. 9. Tage Pedersen told Council he had been associated with the Institute for 25 years and haS found them to be a very honest and treated him fairly. Pedersen stated that Aspen is the Aspen Institute; the Institute started the skiing and the music in Aspen, and the design conference. The Institute fUnded the first master plan study in Aspen; they have had a master plan for their development for years. Pedersen said he thought it would be wise for the Council to pass a resolution without specific restrictions; the restrictions smell of discrimination, what is a tourist, what is a conferee. Pedersen said he did not believe the addition to the Meadows would cause any change in tourist impact; the people that are there now are living all over town and driving their cars back and forth. Pedersen said he felt strongly that Aspen needs the Institute more than the Institute needs Aspen. 10. Emanuel Schifani told Council he had been to a seminar at the Institute and most of the conferees drove back and forth and it caused a lot of traffic. Schifani said he watched people that stayed at the Institute walk to everything. Schifani said a lot of traffic problem would be eliminated by giving the Institute their increase. 11. Mary Martin said she found it ambiguous to think in terms of one mountain climbing group that might bring favorable publicity and not to consider the Aspen Institute over the past 30 years as having brought to this town its history. The Aspen Institute starte~ with an Aspen idea and has generated a lot of publicity. Mayor Edel closed the public hearing. Andrew Hecht, representing the Institute, told Council the Institute would do its best to keep something alive in Aspen, but a denial would be an impediment to a healthy future. Hecht pointed out threats of the Institute leaving, recently, have been absent. Hecht thanked members of P & Z, Council, planning staff, attorney; everyone has been very cooperative and worked hard. The city and the applicant have anguished over every decision. Hecht said they are down to the issue of whether there will be a precise restriction on the number of tourists that can attend the conference center and rent rooms. The Institute suggests they will be very successful in limiting tourists, and that a hotel is not an appropriate use out out there and they will do 'everything they can! to prosper as a conference center. Hecht pointed out 25 per cent was quanitified by various people in the City. The Institute has taken that number and stretched to see if it fit a model created for the use of the property. The Trustees have come to the conclusion that the economic uncertainty that it creates because of financing and operation, in fact, reduces the asset that is already there, and creates an uncertainly that they would be remiss in not recognizing and stat- ing the only constraints that are viable are to design that facility as a conference center; that has been done. To accept limitation on requiring the Institute to make every effort possible to make it viable as a conference center, the Institute's energy is not lacking. Hecht said he believed a conference center is viable, but they must have the ability to insure that viability. Hecht said the conference center will be operated as a conference center, but they cannot live with a quantified limitation on tourists in the event there are problems. Mr. Freeman read a letter from R. O. Anderson representing the position of the Institute. Freeman said he was moved to hear so many citizens speak as enthusiastically as they did about the Institute. Mr. Anderson's letter; "I'm addressing this letter to you in the hope t.hat this evening the city council will act favorably upon our request for adequate zoning and permission to construct much needed facilities and they're continued use in the same manner we have enjoyed in the past. The nearly seven years of delay during whic! our request for a larger number of rooms was reduced to the additional 264, which the city council gave its conceptual approval for, and now is to be reduced to an additional 135 rooms, has been very costly to the Institute. Even more significantly, the use of these additional rooms is to be subjected to burdensome limitations that no more than 25 per cent of the rooms would ever be rented to transients. Even beyond that, the city t ' suggests proposes to take our right to use our existing have for away rooms as we over a quarter of a century. At the recent annual meeting of our trustees, it was the unanimous opinion that as trustees of the Institute, we cannot properly accept any limitations on our present, existing rights of occupancy or uses. To do so would repre- sent a failure of our stewardship of the most magnificent property of which we arelthe trustees. This would clearly be in sharp contrast to the very careful way in which we have managed and maintained the property; it would also make it virtually impossible to finance any significant improvements. If the city can accpet our proposition, I believe that we can jointly work in such a manner as to resolve the remaining problems which separate us. But it is only fair to point out that as trustees, we cannot accept or participate in the degradation of the value of trust property, which would be causedby the uncertainly resulting from the limitations on usage. It is our deepest hope that the council will act favorably on our zoning application." Aspen Institute Hecht stated he felt the issues are clear in everybody's mind and asked that Council vote on the ordinance that will incorporate their precise plan for an SPA. The one issue that separates Council and the applicant is not a small one, and is an important one. Stock outlined the process that has gone on as there has been a subtle process and people may not have noticed the change that has occurred in this application. The application started out for a request for an academic facility. That was changed more than a year ago with a request for a commercial conference center. To meet that request, the city drafted an ordinance that would have zoned the property, under the SPA process, for a commercial conference center. When this was presented to the applicant at staff level, it was not acceptable to the applicant. The applicant said they are talking about a primarily conference center but they need accessory uses. The city agreed to compromise and to draft this to meet the needs of the applicant. The city drafted a document with no restraints or constraints on the use by tourists of the facility because the city included accessory uses and recommended only the first sentence of paragraph (h). When this was presented to the applicant, it was not acceptable. Stock said<lthat not only must there be no constraints on the use by tourists of that particular structure, but the city must state within the ordinance that there is no restri tion as to the use by tourists. The city said, on staff level, they would go along with that and asked if the applicant would agree at sometime to amend the ordinance, to modify the use of that particular piece of property. The applicant said they would not agree to ever modify the accessory uses unless the permitted conference uses were modified as well. The city asked that if they must state something as to the fact that the Institute can accommodate tourists, it has to be stated positiVely in the ordinance and is there a limit to the amount used. The applicant said they were anticipating 10 per cent over the entire year of occupancy by tourists at the site. The staff recommended the language of 25 per cent as a limitation. The applicant's experts dealing with the question of whether or not that Institute with that restriction could operate effectively and meet the goals they want, said that type of restriction was acceptable because they could accomplish what they want to accomplish; but only if the city adopted two zones for the particular structures. One zone for the new structure to be developed and a second zone for the 92 existing units Stock argued that the Institute does not have non-conforming status to use those existing units as tourist accommodation; in order to gain non-conforming status, the applicant must have a legal use at the time the use began. The city was told, at staff level, the applicant may not be able to finance this with thes~ restrictions and the city tried to compromise saying the city will finance it for you.~ Stock said the staff would recommend that the city issue industrial revenue bonds. Stock told Council he was coming to them to recommend an ordinance for the bonds but was told th~ applicant was wanting an all or nothing situation and either council approved it with no restrictions or not. Stock said the definition of a resort hotel is unrestricted avail- ability of short-term transient accommodations. Basically, what the applicant is asking for now is resort/hotel not a commercial conference center. Stock said, based on the city master plan, adoption of this zoning would be illegal. Based on all the planning and numerous studies, this is the wrong location for a resort hotel; Stock recommended denial of this request. If the council wishes to approve this request, they have to zone the property L-1 and that they go through the growth management plan like every other applican' requesting this type of use. Hecht said it is not a fair statement that the Institute wants a resort/hotel. The issue is how much of the use can be devoted to that. Hecht said the applicant has never said they want a resort/hotel but a conference center that is reasonably calculated to succeed financially. Stock told Council he applicant has not accepted the language in the ordi- nance, despite the fact it was the applicant's language; they will not accept (h) with only the first sentence but will only accept the ordinance with the first sentence of (h) and something like "transient accommodation is an accepted accessory use". Councilman Behrendt asked what the numbers involved were. Stock anSWered the applicant is asking for 227 bedrooms, 12 additional areas which would be kitchen, living rooms or dining room areas - 8 of these pre-exist in the current trustee houses. Wells said the areas would count as bedrooms. Councilman Behrendt asked if the employee housing was counted in the 227; Stock answered no. Councilman Van Ness said he felt the history of this application is important and people may not know the whole story. Councilman Van Nes pointed out over two years ago the Institute's application was for accommodation for faculty that would otherwise have to liVe downtown, and he was in favor of this. Then the application came in with more rooms, no tourists, no traffic in the west end. Council, at that time, said there was a growth management plan and anybody else would have to go through a GMP. The quota for lodge units for the next two years is used up, and the city is telling people they cannot build anything for two years. The city is telling the Institute they may get special treatment, but has to be careful because it is in the residential neighborhood and not near the base of the mountain. After a lot of discussion both sides agreed to 17 conditions the Institute would satisfy, and the city would then approve the application. Councilman Van Ness pointed out the application went along sayin~ commercial conferees are not the same as tourists; there is a basic difference, there is no traffic, impacts-are much different; therefore, this is different from a lodge. On the 17 conditions, the applicant kept saying they did not have the answer and would defer it to later on. Two or three weeks ago the Institute came along and said they wanted tourists, a limited number of tourists, probably work out to 10 per cent. The council said they would give 25 per cent. Councilman Van Ness said what he does not want to see happen and what worries him the most is that over the years the tourist use will grow; thi application has grown on paper from lodging for the faculty into 50 per cent tourist hotel. Councilman Van Ness said he could see this tourist use growing to where they do not need the Institute. Councilman Van Ness said it hurts to be criticized for not caring about the Institute and not bending over backwards, when Council has spent hundreds of hours on this. Hecht stated, for the record, the applicant has not and will not critize the~COuncil. Stock said ~ the ordinance with (h) with the first sentence only could be passed tonight and asked if that was what the applicant was willing to accept. Hecht said they would accept it with (h) set forth as it is in the ordinance. Stock ask if the applicant were demanding that there be a statement that the city could not amend the ordinance. Hecht said their understanding was that when an accessory use is permitted, it would have the same dignity as a primary use and it will not be changed tomorrow. Stock stated the law Aspen Institute says that if Council amend it, the provision on accessory use, it could create a non- SPA conforming use section. The Code could read that accessory uses are abated and that accessory uses are abated on the day of the amendment. Sto~k said the~applicant is also not waiving any argument of non-conforming use on the current 92 units, which do not even fall within this ordinance. Councilman Parry moved to read Ordinance 940, Series of 1979; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Van Ness. Motion carried. ORDINANCE #40 (Series of 1979) AN ORDINANCE ESTABLISHING THE PERMITTED AND CONDITIONAL USE OF STRUCTURES IN A CERTAIN PROPERTY WHICH IS ZONED AS A SPECIALLY PLANNED AREA was read by the city clerk. Councilman Van Ness asked exactly what this language does towards limiting tourist use. Stock answered it allows tourist use as an accessory use, and there is some limitation purely because it is an accessory use, which is supplemental to the primary use. Stock said he did not know what the percentage is, it lies betwee 0 and 49 per cent. Stock said there are periods of time the Institute could run entirely as a tourist facility, perhaps for a few weeks at a time. Councilman Van Ness said he would like to pin down the percent age of tourists to what the Institute said it would be. Councilman Isaac said the city has been working so hard on this, and this one item keeps it apart. The Council has to prove what they are zoning this, SPA, is different from a lodge zone. Councilman Behrendt asked what happens to the original 92 units. Stock said is that they have no non-conforming use and all fall within the ordinance. If the applicant attempts to use the property in a different manner, they man face an enforcement action. Council- man Behrendt asked how the City would enforce this. Stock said the city would use the same enforcement mechanism they have for any type of zoning. Stock said it is difficult to do such an enforcement, but the city could watch the general nature of the use of the property. Councilman Behrendt asked What publicly advertising meant, or how it was defined. Stock said they cannot put this on a central reservations computer. There is a national reservations computer for conference centers, and they could not advertise that they house transients. They cannot advertise in the papers that they house tourists. They could advertise in the rooms. Councilman Behrendt asked what threat this ordinance poses to the GMP. Stock said council has not decided whether to exempt this from the GMP; this does not endanger the growth management plan per se. If Council de~ides to exempt this from GMP and adopts an ordinan( they would have to have justification or rationale to exempt~them. Hecht said it is important to the applicant to understand that if there is an approval, an exemption from GMP is a condition precedent to accepting a precise plan approval. The Institute could not live with a phasing of 10 or 18 units a year. Councilwoman Michael said her vote on the Institute expansion does not indicate her gener~ philosophy on expansion of facilities which generally serve the tourist industry in this community. Councilwoman MiChael said she felt the area does need a conference facility of some kind. The council must recognize Aspen'is a tourist community and must not make it impossible for tourist facilities to be either expanded or built. Councilwoman Michael stated her personal attachment to the Institute cannot affect the opinion on this proposal The Institute is an invaluable resource in Aspen. Councilwoman Michael said her function as a councilperson is to judge the political and technical merits of this proposals in terms of the proposal's impact upon zoning, it neighbors, its relationship to city rules and regulations, such as the growth management plan, and whether the proposal is valid and within the public interest. Councilwoman Michael said she had to consider the proposal for the future of the Institute in Aspen, but cannot legislate under threat that the Institute may leave. Councilwoman Michael stated this process has been too lengthy; perhaps the approval process at times is based upon a subconscious effort on the part of the city to block any progress in the hope the developer might get tired, withdraw the proposal and go home. If this is true, the Institute has perserved mightily, Council- woman Michael said She is concerned about a whittling down process. In the recent past of this history between the city and the Institute, the Institute came in with a proposal for 356 units; a proposal the council could neither say yes or no. The Institute~came back with this proposal, which was a compromise effort welcomed by most of the council. In the effort to compromise, has the council crippled the project; have they opened the door to overnight tourist accommodations because they have whittled away so much that the council must give them something. Shouldn't the council allow the client to propose its plan, apply certain major enforceable conditions and then vote. Councilwoman Michael said there instances in which the council should compromise, but on this perhaps Council is compromising upon basic, pre-eminent zoning principles because Council could not say yes to the proper economic size of the project and could not say no to the Institute.' Council woman Michael said she felt this is no way to establish public policy and uphold the principles of zoning. Because the Institute is asking for a facility, which is essentiall commercial, not the academic educational facility it has now, this is talking about a change of use and a zoning of the property. When the city zones any piece of property, the city should consider how the zoned the entire community; what is the neighborhood zoning, where the most tourist facilities are located, and does this zoning make sense in terms of the use of the land. Councilman Parry moved to adopt Ordinance ~40, Series of 1979, establishing the permitted and conditonal uses of structure in an area zoned SPA the Aspen Institute; seconded by Councilwoman Michael. Roll call vote; Councilmembers Behrendt, nay; Collins, nay; Isaac, nay; Michael, nay; Parry, aye; Van Ness, nay; Mayor Edel, nay. Motion NOT carried. (Councilmembers Isaac and Michael left Council Chambers) CLAIM FOR DAMAGES - T. V. Brown City Attorney Stock outlined to Council that in January 1978 a fire hydrant burst flooding a home at 332 West Hopkins. Mr. Brown repaired the property and it cost in excess of Claim for Damages $4967. Mr. Brown made a claim to the city; the city's insurance company was informed and T.V. Brown found the hydrant was misfunctioning from the manufacturer. It was not caused by the city's installation or maintenance but by being improperly manufactured. The city's insurance company denied the claim. Mr. Brown came to the city to see if the city would put pressure on the foundary that manufactured the hydrant. The city presented the claim on Brown's behalf to the foundary and their insurance company, who sent a letter stating it was not improper manufacturing that resulted in the damage and they would not pay the claim. Stock told Council that Brown has agreed to reduce the claim down $1,000. Council, man Van Ness said he felt the city should pay, the the remedy is to go after the manufac- turer. Councilman Van Ness moved to settle for $3967.24; seconded by Councilman Parry. Mayor Edel said it was the city's water that did flood his house; the exact amount of damage can be argued about. Mayor Edel pointed out there is loss of rent for 4 months at $650, which is the bulk of the request, and Mayor Edel questioned that expense. Council- man Van Ness said that is a legally valid claim. Ms. Butterbaugh said she found it diffi- cult that it took 4 months to repair $2500 worth of damage. Mayor Edel agreed there is some liability, but questioned the extent of it. Stock told Council he had told Brown that he could not be in a better position as a result of this damage, and Brown made the offer of $3967. Councilmembers Van Ness, Collins, Parry in favor and Mayor Edel and Behrendt against. Motion carried. Ms. Butterbaugh said this may be an appropriate water fund expenditure. MOVING HOUSE H. J. Stalf told Council the house behind the Jerome is being offered to the City and has to be moved out within the next week. stalf said this~iCould be used as the pro shop at M~ving house the golf course. The approximate cost of moving will be $3,000 with about $500 in to golf course utility costs; there will be additional costs for foundation and renovation. Stalf said this meets the needs for a pro shop; however, the zoning does not allow a structure to be put on park property without a conditonal use. This would have to go to P & Z. Stalf told Council this is about 30 by 60 feet. Stalf said if this is ever used in the winter or as a residence, it will have to conform to the city's codes. Councilman Van Ness moved the city accept the house and move it; seconded by Councilman Behrendt. All in favor, motion carried. Stalf told Council he expected Elam to pave Durant street in the next 10 days. ORDINANCE ~44, SERIES OF 1979 - R-15A Zone District .StOck t01d Council~%his is~a ne.w zone district being created which matches a county zone if'th'e City annexes property like ~Ountain Valley, smuggler the zoning will fit. Ord. 44, 1979 R-15A-district Councilman Parry moved to read Ordinance 944, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #44 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A NEW R-15A ZONE DISTRICT AND AMENDING SECTION 24-3.4 SUCH THAT ALL AREA AND BULK REQUIREMENTS OF R-15 SHALL APPLY IN THE R-15 A ZONE DISTRICT was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~44, Series of 1979, on first reading; seconded by Councilman Van Ness. Roi1 call vote; Councilmembers Van Ness, aye; Behrendt, aye; Collins, aye; Parry, nay; Mayor Edel, aye. Motion carried. ORDINANCE #45, SERIES OF 1979 - Annexing Lot 13, Pitkin Mesa Councilman van Ness moved to read Ordinance ~45, Series of 1979; seconded by Councilman Ord. 45, 1979 Collins. All in favor, motion carried. Stock told Council this lot was on Cemetery Lane Annexing Lot 13 and is the only lot not annexed. 100 per cent of the property owners have signed the PitkinMesa petition. ORDINANCE ~45 (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND CONSISTING OF LOT 13, BLOCK 1, PITKIN MESA SUBDIVISION, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk. Councilman Behrendt moved to adopt on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Collins, aye; Van Ness, aye; Behrendt, aye; Parry, aye; Mayor Edel, aye. Motion carried. 2707 Regular Meeting Aspen City Council July 23, 1979 ORDINANCE #46, SERIES OF 1979 - Zoning Plum Tree Property Transportation/Park Overlay Councilman Behrendt moved to read Ordinance #46, Series of 1979; seconded by Councilman Ord. 46, 1979 Parry. All in favor, motion carried. Zoning Plum Tr~ P/T ORDINANCE #46 (Series of 1979) AN ORDINANCE ZONING THE PLUM TREE PROPERTY FROM P (PARK) TO P-T (PARK-TRANSPORTATION OVERLAY) was read by the city clerk Stock told Council this is ~or a limited area to legalize the parking that is now there and to allow for an impound lot and a place for long-term parking in the winter. Ms. Smith told Council the P & Z approval conditioned this upon berming. Stalf said this would be bermed all the way around except for a gate. Councilman Behrendt moved to adopt Ordinance #46, Series of 1979, on first reading; second~ by Councilman Van Ness. Mayor Edel asked if there were any other alternatives. Stalf said the city has been look- ing for 4 years. P & Z felt this was the least impacted area. Stalf said this is the recommendation of streets, police, and planning. Also it is greatly needed for a space to get the cars off the street in the winter for long term. Stock told Council this ordinance legalizes the current parking for golf, tennis and the Plum Tree, which is not currently legal. Councilman Behrendt asked if one stood on the balcony of the Plum Tree one could not see over the berm into the lot. Stalf said that is the way it is to be constructed. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Collins, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE #47, SERIES OF 1979 - Midland/Park Rezoning Ord. 47, 1979 Councilman Van Ness moved to read Ordinance #47, Series of 1979; seconded by Councilman Rezoning Behrendt. All in favor, motion carried. Midland/Park ORD~NAMCE $47 (Series of 1979) AN ORDINANCE ZONING THE MIDLAND PARK SUBDIVISION WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 21, SERIES OF 1979, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Stock told Council the city has 90 days in which to zone property that has recently been annexed. This zoning is necessary to allow for the current density on the property. Councilman Van Ness moved to adopt Ordinance #47, Series of 1979, on first reading; second~ by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Van Ness, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #48, SERIES OF 1979 - Vacation of Castle Avenue Councilman Behrendt moved to read Ordinance $48, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. Ord. 48, 1979 Vacation ORDINANCE #48 Ii Castle Avenue (Series of 1979) AN ORDINANCE VACATING THE ALLEGED CITY ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: was read by the city clerk Stock said this road was put on the plat but without language; it was never developed nor ever built. The raod goes into Hallam Lake from the back side. Councilman Van Ness requested maps for second reading. Councilman Van Ness moved to adopt Ordinance $48, Series of 1979 on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Van Ness, aye; Collins, aye; Mayor Edel, nay. Motion carried. ISSUANCE OF STOCKHOLDER PROXY FOR ASPEN ICE GARDEN Aspen Ice Stock asked that Council approx H. J. Stalf as proxy for this corporation and to run the Garden corporation until the city dissolves it. stocks Councilman Behrendt moved to approve Statf as proxy; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Van Ness moved to adjourn at 10:35 p.m.; seconded by Councilman Parry. All in favor, motion carried. ch, City Clerk