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HomeMy WebLinkAboutminutes.council.19791126 ~egular Meeting Aspen City Council November 26, 1979 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint meeting together at 4:05 p.m. with Commissioners Kinsley and Child, Councilmembers Collins, Isaac, Behrendt, Michael, and Parry present. Also present were County Manager Ochs, County Attorney Stuller, and City Attorney Stock. 1. Waterwater Treatment Agency Management Agreement. Mayor Edel stated he had problems signing this agreement as he feels the city is making a mistake if they give up control over areas so vital to the growth of the city. Mayor Edel said the city has a good Wastewater working relationship with the current board~nd should continue that relationship. Counci~- Treatm~t man Isaac said the compromise is that municipalities within a county would have equal vote with that county; the County gets as many votes as there are municipalities within it ahd the municipalities get one vote. Ms. Smith said she had problems with Snowmass or Basalt voting on things that affect the Aspen area. Ms. Smith said she would prefer a system where the municipality affected votes with the county. Heiko Kuhn,s. representing the Sanitation District, told the Boards that the people on the District Board know what they are doing; they feel with this agreement some of their powers will be delineated. They are not going to sign the agreement. Kuhn said the Districts operate the plants and do the work; they should have a say in this. Kuhn said this is another level of bureaucracy being put upon them. ~ George 0chs said ~he history has been alot of rivalry in other counties and this agreement may be a way to solve them. Mayor Edel suggested some Councilmembers should attend the Sanitation District meeting to present their approach and come up with one approach. Someone from the County should also attend. 99~!71Sr ~99tj~g Aspen City Council November 12, 1979 Seltion 4 That the above-adopted rental price terms include the base propert~ tax assessment. Increases in property taxes above those assesse~ in the base year may be assessed, pro rata, in addition to the rental price adopted. For the purpo~ ~c~bon the property taxes assessed in the base year will be defined as the property taxes due and payable on the third year following GMP approval on the project or the property taxes due and payable on Housing Price the second year following the issuance of the final certificate of guidelines occupancy for the project, whichever is greater. Section 5 That the housing price guidelines adopted in Section 1 shall be modified from year-to-year in an amount equal to the increase or decrease in the Denver Regional Consumer Price Index. Such modification shall be made by the Council, or its designated administrative officer, on or before October 15 of each calendar year. The provisions of this section notwithstanding, the rental price of any unit may not fall below the rate established in the year in which the project application received Growth Management approval. Section 6 That the housing price guidelines adopted in Section 2' shall be modified from year-to-year in an amount equal to the increase or decrease in the National Housing Index averaged With the increase or decrease in the Denver Regional Housing Index. Such modification shall be made by the Council, or its designated administrative officer, on or before October 15 of each calendar year. The provisions of this section notwithstanding, the rental price of any unit may not fall below the rate established in the year in which the project application received Growth Management approval. Section 7 As the price guidelines are modified from year-to-year within the terms of Sections 5 and 6 above, they shall, as modified, apply to low, moderate and middle income housing previously approved, but separate guidelines shall be adopted for applica- tions seeking approval under the Growth Management Plan. Councilman Parry moved to adopt Resolution %20, Series of 1979; seconded by Councilman Isaac. Councilmembers Parry and Isaac in favor; Councilmembers Van Ness, Michael and Collins opposed. Motion NOT carried. Councilwoman Michael stated she is looking for a redraft and is not against price guide- lines. Councilwoman Michael said she wanted to know exactly where they go, and the different guidelines. Councilwoman Michael moved to reconsider Resolution %20, Series of 1979; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Michael moved to table Resolution %20, Series of 1979 to the next meeting; seconded by Councilman Collins. All in favor, motion carried. Councilman Collins moved to adjourn at 9:02 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn S~ Koch, City Clerk Regular Meeting Aspen City Council November 26, 1979 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint meeting together at 4:05 p.m. with Commissioners Kinsley and Child, Councilmembers Collins, Isaac, Behrendt, Michael, and Parry present. Also present were County Manager Ochs, County Attorney Stuller, and City Attorney Stock. 1. Waterwater Treatment Agency Management Agreement. Mayor Edel stated he had problems signing this agreement as he feels the city is making a mistake if they give up control over areas so vital to the growth of the city. Mayor Edet said the city has a good Wastewater working relationship with the current hoard~nd should continue that relationship. Council- Treatment man Isaac said the compromise is that municipalities within a county would have equal vote with that county; the County gets as many votes as there are municipalities within it ahd the municipalities get one vote. Ms. Smith said she had problems with Snowmass or Basalt voting on things that affect the Aspen area. Ms. Smith said she would prefer a system where the municipality affected votes with the county. Heiko Kuhn~ representing the Sanitation District, told the Boards that the people on the District Board know what they are doing; they feel with this agreement some of their powers will be delineated. They are not going to sign the agreement. Kuhn said the Districts operate the plants and do the work; they should have a say in this. Kuhn said this is another level of bureaucracy being put upon them. George Ochs said the history has been alot of rivalry in other counties and this agreement may be a way to solve them. Mayor Edel suggested some Councilmembers should attend the Sanitation District meeting to present their approach and come up with one approach. Someone from the County should also attend. Councilman Parry moved to put this on the agenda; seconded by Councilman Behrendt. Ail in favor, motion carried. 5. Mayor Edel asked recreation director Ted Armstror~to tell Council about the money for the purchase of the Moore property. Armstrong told Council he had followed through on .Moore property everything possible. The final appraisal came in September 11. The BOR has a problem because part of the appraisal is missing and the person who did the appraisal is out of town. Armstrong said the city will get the $100,000. Ms. Butterbaugh told Council that the note is due December 18, and it will take 6 to 8 weeks to get the money from the federal government. City Attorney Stock told Council that the note is not renewable; if it is. extended, it will be at a higher interest rate. Council needs to give the authorit to borrow longer. Staff will bring this to Council at their next meeting. Con~ttee 6. Mayor Edel said committee assignments need to be made for the next meeting. Mayor assignments Edel suggested councilmembers be assigned to COG, Wheeler Opera House task force, Visual Arts Board, Board of Realtors, Chamber of Commerce, Lodgeowners Associations. PUBLIC HEARING 1980 BUDGET 1. Candi Harper, representing Grassroots, asked Council to reconsider their donation towards Grassroots for 1980. Grassroots is a unique resource, and the governing body of 1980 Budget the City of Aspen has a responsibility to that resource. Grassroots has been going throu¢ a reorganization process; they are trying to make the activities pay for themselves but Grassroots do need money from donations. Ms. Harper told Council they appreciate the space in the Wheeler. They had 350 volunteer hours over the summer and have received CETA grants for employees. Councilman Behrendt said he had attended Grassroots organizational meetings and it was apparent to him that they were going to organize in much the same manner and he objected to that. Councilman Behrendt said Grassroots had been misorganized and run down. Councilman Behrendt stated he had seen nothing to indicate that the community should put further tax dollars into Grassroots. Councilman Behrendt said he would like to know the Boards plans, the programs, what is going on. Councilman Behrendt said Grassroots is asking for $4,000 and he would like justification for that amount. Ms. Harper said they hoped to have public affairs programs, to do morning programs and give public service information. Councilman Behrendt pointed out there is no request in front of Council. Councilman Behrendt said he felt the program- ming had been shabby. Councilman Behrendt said he wanted to see something in writing before considering this. Grassroots presented a packet to Council. Mayor Edel said Council would read this before the next budget hearing. 2. Bob Nuffer, representing Aspen Mental Health Clinic, requested the funding for the AMHC be reconsidered. Nuffer said they were looking at alternative funding sources, such as grantsman and marketing the programs. Councilwoman Michael pointed out the funding went from $8,000 to $9,000. Mayor Edel said the Council had used the axe on everybody ~ Aspen Mental after many and long budget sessions. Councilman Behrendt pointed out by statute this is Health Clinic a county function, not a city function. AMHC is already being funded to a point of $30,000 by local governments. Ms. Butterbaugh pointed out there was a $1500 reduction in the last session; however, there is a matching grant request that the city has not been aware of that is $1400. Councilman Collins said he would like to see Council give full funding to this request. Councilman Van Ness agreed. Ms. Butterbaugh pointed out the Council had to have firm figures on the budget tonight for publication. This request can only be funded out of the general fund, and general fund monies are tight. Councilman Behrendt moved to fund Colorado West (AMHC) at the level of $9,000 for this budget period; seconded by Councilwoman Michael. Councilman Van Ness said as far as donations, he had a hard time putting museums in the same categories with ambulance, mental health and mountain rescue. Mayor Edel pointed out the arts do not get funded if the city does not get the money from the real estate transfer tax. Ms. Butterbaugh reaffirmed that general fund ~onies can be reallocated fro~ departments and line to line. Councilman Van Ness pointed out on the non-arts budget Monies for there are two museums, which he would consider to be in the arts budget. Mayor Edet muse~arts noted the Council's liberal interpretation of the arts is being denied; this is a very groups small and restricted view of what the arts are. This limits Council. Councilman Collins agreed the Council had to define what those arts shall be or there will be these questions every year. Councilman Collins said that the oPinion that the transfer tax cannot be used for capital Costs but only for operating costs is a bad precedent. Counci~ man Collins said he felt it would be appropriate to fund capital costs out of the $100,00~! when an arts group needs some improvement. All in favor, with the exception of Councilman Collins. Motion carried. Mayor Edel closed the public hearing. Mayor Edel said he would like to schedule a discussion on the limits and definitions of Council the contributions to the arts area. Councilman Behrendt agreed Council should set up contributions how all the contributions will be done next year. Mayor Edel said Council had to decide if they felt the strict limitation of the interpretation of the $100,000 is correct. Councilman Van Ness pointed out what was objected to in the donations was using the money for capital improvements to a city-owned buildings. Ms. Butterbaugh agreed there is no restriction for a capital purpose in support of the arts; the objection was the city building. The transfer tax says "for support of" and makes no distinction. Councilman Isaac moved to accept Ms. Butterbaugh's memorandum to accept the contributions as they are set up; seconded by Councilman Behrendt. Councilman Behrendt asked Council to reconsider to contributions to the Visitor's Visitor's Bureau. Councilman Behrendt pointed out most of the funding for the city's budget comes Bureau out of the Visitor's Bureau program, which is tourism. Councilman Behrendt said he felt this was a place the city could put money into and get money out of. It seems short- sighted to cut $15,000. Councilman Behrendt moved to reinstate the monies for the Visitor's Bureau; seconded by Councilwoman Michael. Councilmembers Behrendt and Parry in favor; Councilmembers Isaac, Van Ness, Michael, Collins, Mayor Edel opposed. Motion NOT carried. Councilman Isaac moved to accept the budget and request it be published in the Aspen Times as presented; seconded by Councilwoman Michael. All in favor, motion carried. OCCUPANCY LIMITS OF RESTAURANTS AND BARS Fire Marshal Bob Jacobs told Council he had been asked to measure the bars for occupancy and to ask the owners if they were happy with his calculations for occupancy levels. Occupancy limits Jacobs told Council most of them came very close. The Uniform Fire COde requires 15 ~ bar~/restaurants square feet per person for drinking and dining establishment. Jacobs said there have nog been many complaints. Councilman Van Ness said he also wanted to know how the present seating capacity compared with square footage calculations, and will places be required to remove seating. Councilman Parry said Council wanted to know if places actually held more than the square footage calculations, coulc the law be changed. Jacobs said he did not feel it necessary to change the law; only on certain occasions are there problems. Bob Sproutl, owner of Jake's, said he had contacted a number of restaurant owners who were concerned about this. Sproull said there is a difference between restaurant spaces with tables and places that are mainly bar/lounge areas. Mayor Edel said this needs more thought than categorically saying it should be 15 square feet per person. Mayor Edel said he would like a committee formed to come up with a workable solution. Councilman Behrendt moved to table action on this until a committee made up of himself, Councilman Parry, Bob Jacobs, Clayton Meyring and members from the business community can meet; seconded by Councilman Isaac. All in favor, with the exception of Councilman Van Ness. Motion carried. LIQUOR LICENSE RENEWALS Councilman Behrendt moved to approve the renewals for the Wienerstube, Country Road, Elk' Guido's, Meadows, Carl's Pharmacy, J~e's and the Shaft; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to approve the renewals for the Home Plate, Berkley/Aspen, and Pablo's conditioned upon approval from Tom Dunlop; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE TRANSFERS - Fireside Restaurant Tom Dunlop told Council this establishment did not have a food service license and would like final approval conditioned upon this. City Clerk Koch told Council this is a Liquor License request to transfer the license located at 130 West Cooper to Kurt Salvisberg with a transfer lease from Peter Mocklin for three years. Fireside Councilman Behrendt moved to approve the transfer contingent upon Dunlop issuing a food service license; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Rush Street City Clerk Koch told Council when Casey's defaulted on the lease, the premise was taken over by the Bank of Aspen, who paid the state sales taxes. The premise then went Liquor License to District Court and was given in receivership. There is a lease from the receiver to transfer John McQuire and purchase agreements with the bank. Tom Dunlop told Council he would R~sh street like approval conditioned upon his issuing the food service license. Councilman Parry moved to approve the liquor license transfer subject to Dunlop's approve ; seconded by Councilman Behrendt. All in favor, motion carried. TRANSPORTATION ITEMS 1. Aspen Ski Corp Addendum. Duane Fengel, transportation director, told Council the Transportation agreement will have to be changed because the buses ordered will not be available until Ski Corp March, which would do no good for the ski season. The City will take delivery on the agreement buses in October 1980. Fengel said he felt the city would be able to provide the Ski Corp with the two extra buses they need. Councilman Isaac asked if the city would get them at the original cost. Fengel said he had not gotten an answer from Georgia. Fengel told Council in the original contract for gasoline, everything over $.55 the Ski Corp was to pay for. Ron Stock told Council the Ski Corp's attorney feels the city should take all the gasoline received, average out the amount of the gas at different prices, and work out a percentage for every gallon in the tank. Mayor Edel said his reading from the Ski Corp was that they agreed with Fengel. Ms. Butterbaugh told Council the buses are not budgeted and are not on purchase orders; the city is not obligated to take them if the company is notified. Councilman Isaac said he would like to know the price and the price increase. Council- man Isaac said he would like to know what the penalty is for putting delivery off six months. Council asked Fengel to get firm figures. Mayor Edel asked that when this is resolved, the Ski Corp be informed in writing. Regular Meeting Aspen City Counc~± November ~b, 2. Energy Conservation and Savings. Fengel told Council he has come up with an energy saving device to save oil when the oil is changed on the buses. The machine will pay for itself in five months. The machine blends the existing crank case oil with ~he diesel Transportation fuel. This will also refine the fuel. Fengel told Council he had not gotten the figures energy conserva- together for the fuel farm. 3. Marketing and Advertising. Fengel told Council the transportation department has hired Monroe Sommers to be invOlved in marketing the system in Aspen. Sommers told Counc~ Transportation he perceived his responsibilities to increase local public awareness and use of the free marketing transit system; to develop and disseminate information to encourage the seasonal visitor to use public transportation, and to develop additional sources of revenue to the city; to reduce the traffic congestion, and to improve the air quality. Sommers said he is trying to develop programs to try to get tourists' attention before they get to town. He is trying to work on brochures for the lodge owners and condominiumization. Sommers brought up a source of revenue may be advertising in the buses. Sommers has talked to a company that would take care of sales, marketing and maintenance of the advertising system in the buses. This company would reimburse the city on 30 per cent of the gross receipts. Sommers has also contacted 7 other companies that may be interested. Council- man Parry said the city may not be interested in national-type advertising, only local advertising. Mayor Edel said he had no great objections to Coors, etc. advertising in ths buses. Councilman Van Ness said he felt an important consideration was the income that would be generated to the city. Councilmembers Michael, Parry, Behrendt and Mayor Edel all said they approved of the idea. Councilman Van Ness asked what the rates would be. Sommers said they would be about $20-25 per sign. SUBDIVISION EXEMPTION - Hoquet Karen Smith, planning office, told Council there are no problems in recommending this Subdivision subdivision exemption for a duplex at 118 East Bleeker with the attorney's and engineering exemption comments and subject to their conditions. City Engineer Dan McArthur told Council he had Hoquet recommended the parking be relocated and in order to do that some existing trees have to be relocated. It is too late in the season to do that, and McArthur is allowing them until next summer to do that. Chuck Brandt, representing the applicant, stated they did not see any reason to relocate the parking unless sidewalks are installed. There is off street parking with concrete parking within the city's right-6f-way. Brandt told Council that P & Z asked it be removed and put in off the alley for parking. Brandt requested it be left the way it is. McArthur said P & Z wanted it relocated because they are parking in the public right-of-way. Mayor Edel stated if the sidewalks were put in, he would concur. Ms. Smith told Council one of the purposes of subdivision is to achieve the dedications and improvements consistent with subdivision design standards. The Council is granted a benefit to somebody; in return they have typical exacted commitments that full subdivision procedures would provide. McArthur explained the engineer's request was that the parking area would be abandoned at the owner's expense when the city required sidewalks to be constructed. Councilman Behrendt moved to approve the subdivision exemption conditions upon the instal- lation of a water meter; six month minimum lease provisions; owners shall agree to enter into a sidewalk improvements district to be deed restricted, and agree to move the parkin¢ in the right-of-way and relocate it in the event of the installation of ~idewalks; second~ by Councilman Van Ness. All in favor, motion carried. SUBDIVISION EXEMP.TION - Somers Dan McArthur told Council the planning office recommendation is for approval subject to Subdivision the six month minimum rental restrictions and the engineering conditions. The engineerin¢ Exemption department has received the final plat and the owner has the parking located in the Publi~ Somers right-of-way. McArthur recommended the owner extend the existing parking spaces towards the existing building to provide parking not in the public right-of-way; the owner provide only one driveway, and the owners enter into an improvement agreement for side- walks. Jon Seigle showed Council the plat with the existing parking. There are six trees that are in excess of 20 feet high; the owner of the property does not want to take the trees out. McArthur stated the trees are not in the way of moving the parking. Seigle said the engineering department wants one road cut and four parking places, stacked two and two. The applicant would prefer four single places. McArthur said he could grant a variance from the 18 foot driveway requirement if it were submitted in writing. McArthur said this parking is in the public-right-of-way; it should be allowed to remain there until a sidewatk is installed. Then the applicant should deed restrict to relocate the parking. Seigle said the applicant would agree to that condition. Councilman Isaac moved to approve the Somers subdivision exemption with the six month ~inimum rental lease restriction, with the parking and side cuts approved by Dan McArthur as shown on the plat; applicant must remove the parking off the public right-of-way when and if it becomes necessary, without protect, and include installation of water meter; seconded by Councilman Van Ness. All in favor, mOtion carried. WATER PLANT HOUSING REPORT Jim Reents reminded Council they had asked for comparison of cost figures from switching Water Plant to modular-type housing compared to the project currently designed for the water plant. i Housing report Reents told Council his analysis of the cost break down is that the costs are very similar. The difference with the county project is that the one bedrooms units are the size of a studio and are smaller than the current recommendation for employee units. Reents recommended the Council proceed with the current project as designed by Jack Miller. Reents asked for Council's direction to get tight cost figures together for the election, whether to pursue an alternative design. ..... ~.g~r_M~g ......... Aspen city Council November 26, 1979 Councilman Van Ness pointed out the Council's job is to get employee housing produced that people can afford. Councilman Van Ness said he would like to know how to cut the rent. Reents said the easiest way to do that is cut the size of the units. Mayor Edel asked for the comparative costs per square feet for the modular approach versus the Water plant Miller approach. Reents said there?~'are two variables that cannot be tied down, the site housing report work on each one. Plugging in a square foot cost basis there is about $1 to $2 per square foot. Reents said it would cost the city money to get the kind of projection with site work on each. To accommodate a modular project, the site work would haVe to be entirely redone. Councilman Behrendt pointed out the Council has gone over this design again and again and asked the city to continue to pursue the program underway. Councilman Isaac agreed he thought Council had accepted this design. Councilman Van Ness said these are luxury penthouses that have been designed and are too big, and the rents will be ridiculou Reents told Council presently the land work will be $500,000. Reents said the easiest way to accommodate the modular structures would be to join forces with the Oden group, and to accommodate that design, the water plant site would have to be reworked. Reents pointe out this project has units that do not meet the minimum size requirements. Mayor Edel agreed that if cutting the size of the units would cut the rents ~hat would be fine. Mayor Edel said the city's plan seem more ambitious than the county project; it would seem the site work would be more expensive. Reents pointed out that $36.50 was quoted to the city this fall as construction costs, including foundation everything up to the roof. In addition, there was $7.50 per square foot for site work at $43100 per square foot costs. The modular construction costs are quoted at $30 to $35; this does not inclUde site work and foundation. Councilman Behrendt moved to proceed with the Miller plan and move ahead to break ground as soon as possible; seconded by Councilwoman Michael. Ms. Butterbaugh said Council did not have ~enough information to make a decision, and a $2,000 expenditure to determine if the site is appropriate on a $4,000,000 project is not inappropriate. Councilman Collins said he would like the result of the last expenditure that was authorized for this project. Reents said it was his understanding that the expenditure was to firm up the figure for the site work for the bond issue. Reents is asking for an additional expenditure to produce a comparative figure between the two designs. Councilman Van Ness said he wanted to go with the design that produced the cheapest rents. Councilmembers Michael and Behrendt in favor; Councilmembers Van Ness, Isaac, Collins, and Parry opposed. Motion NOT carried. Councilman Parry moved to authorize $2,000 to do the site work; seconded by Councilman Behrendt. Ms. B~tte~baugh requested'sdme time for the staff to get more work,to ~compare ~he two designs befo~e.'~more mohey-is spent. Councilman Van Ness moved to table the decision'~til la%~er-in the week; seconded by Councilman Isaac. All in favor, motion carried. SEars B~ild~ re~on'ihg-~a's tabted- ati.the're~uest of the~app~ilcant. ~ ........................ ASTOR REZONING Councilman Isaac stepped down from discussion. City Attorney Stock told Council this is a request by Carla Astor to rezone from R-15 to R-6 51,000 square feet of property Rezoning request located on King street. Presently, there are two duplexes on the site. The proposal is Astor to allow construction of a third duplex and then deed restrict 3 of the units to employee housing. Stock told Council R-6 zoning would allow for 8 units in total. This item was recommended by the housing director to get deed restricted units. The city attorney recommended denial based on the fact that to rezone individual pieces of property on a case by case basis is inconsistent with the zoning code. This has some negative aspects of spot zoning. Stock said he felt it might be difficult to stop R-6 from moving further. Stock told Council the planning offiCe feels it might be appropriate to wait for the housing overlay. The P & Z recommended Council approve this rezoning 5 to 1 to obtain employee housing. Stock stated the density is not inconsistent with the build out in the neighborhood. Gideon Kaufman, representing the applicant, told Council they are doing exactly what Council has requested; creating permanent employee housing. Kaufman showed Council the property on maps and pointed out the tremendous buildout in the neighborhood. Kaufman told Council the property used to be R-6 zone. The size of the lots will be 15,000 square feet; they are not creating smaller lots. Kaufman stated that he did?not feel this is spot zoning; it will be for the general welfare. Kaufman said he felt it was important that this pass as someone will continue to provide employee housing. Three tenants of Ms. Astor's, Pete DeGregorio, Craig Landy, and Marilyn Keating, told Council they supported this; that their rents had been very reasonable. Councilman Behren. t pointed out Council had recommended the balance be 75/25 rather than the proposed 50/50. Councilman Behrendt asked which units would be employee housing. Kaufman said there are 2 two-bedroom in front and 1 One-bedroom in back. Councilwoman Michael moved to approve the zoning from R-15 to R-6 of the Astor property as described in exhibit A; seconded by Councilman Behrendt. All in favor, motion carried. Stock pointed out he would draft an ordinance for finalization of this. TROLLEY FRANCHISE Councilman Parry told Council he believed they could get trolley financing. The next step would be fore,he City to grant a franchise to someone to run the trolley. In order t~ get financing, the people have to know if this is going to be pursued. Stock told Council Trolley the Charter requires the city to negotiate a franchise, adopt an ordinance and send it franchise to the voters. Councilman Parry said there are three more trolley cars in Portugal, and they would like to try to get the cars over here. Councilman Behrendt said he would like feedback from the highway department. aspen ~lty ~ouncl± November 26, 1979 Dave Farney told Council he felt the voters would approve this. It is very charming and a cost effective thing. Farney said it would be efficient to use electric power. Councilman Behrendt said if this does go to the voters, he would-like the routings as ~ ~ part of it so that the people know where the cars will go. Councilman Isaac moved to allow this to go to the voters for approval of franchise; seconded by Councilman Van Ness. Councilwoman Michael said she felt if this goes for a franchise, Council should decide if they feel it is a good idea. If it goes to the voters in an ambivalent w~y, it is not fair. Councilman Collins asked what a franchise obligated the city to. Stock said the city would be granting permission to operate on city streets, charge certain rates and to construct and operate. Councilman Parry said the city should have an opportunity to clean up the town and get pollution free vehicles. The city needs to be far-sighted to see an alternate method of transportation. Finance Director Butterbaugh asked Council to delay a vote on this so that the staff and Council can go back through the information and make assessments on the impacts to the city other than just the franchise. Mayor Edel agreed he did not have enough informa- tion from staff and would like a written report. Councilman Isaac withdrew his motion; Councilman Van Ness withdrew his second. Council- man Behrendt moved to ask for comment from staff, from the highway department; to address the routes in question, the impacts on parking; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #73, SERIES OF 1979 - Mobile Home Park Regulations Mayor Edel opened the public hearing. Stock told Council he has not had an opportunity Ord. 73, 1979 to put in writing all the changes. Mobile Hcme Park regs Councilwoman Michael moved to continue the public hearing; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #76, SERIES OF 1979 - Annexation of Koch Lumber Property Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. 76, 1979 public hearing. Annexing Koch ~lumber property Councilwoman Michael moved to read Ordinance 976, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE 976 (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO was read by the city clerk Stock told Council there is no zoning proposal at this point. This will be referred to P & Z for their recommendation of what zoning is appropriate. Councilman Collins moved to adopt Ordinance #76, Series of 1979; seconded by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Isaac, aye; Collins, aye; Van Ness aye; Behrendt, aye. Motion carried. CITY MANAGER 1. Decorations in mall. Ms. Butterbaugh told Council that Interior Gardens has approach :d the city about doing mall decorations for Christmas. Interior Gardens would coordinate with the Chamber to do garlands, wreaths, and lights in the trees. If the city is Mall/Christmas interested in making a contribution, this group would collect from the business community decorations Ms. Butterbaugh said if the city would do the labor, the total cost would be about $3600. Councilman Isaac said he did not mind supplying the labor if the city had it. Council- woman Michael said she felt the mall deserves some kind of decoration. Councilman Behrendt said he would like to see the banner program increased this year. The majority of Council said the city would supply the labor but not put any money into it. 2. Housing~Seminar. Planning Director Karen Smith told Council 150 invitations to the communitY housing workshop have been sent out. This is scheduled for December 3 and 4. ~ployee housing The Gant is donating the conference room in the name of employee housing. Ms. Smith s~minar requested an appropriation for wine and cheese social after the first day. This will cost about $200. Councilman Behrendt moved to allocate $200; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION 921, SERIES OF 1979 - GMP Commercial Allocations for 1980 .~eso. 21, 1979 Councilman Isaac moved to read Resolution #21, Series of 1979; seconded by Councilman GMPCc~/~rcial Parry. All in favor, motion carried. !allocations 1980 RESOLUTION #21 (Series of 1979) WHEREAS, in accordance with Ordinance No. 48, Series of 1977, September 1, 1979, was established as a deadline for submission of 1979 applications for commercial and office development within the City of Aspen, and WHEREAS, in response to this ordinance six commercial projects were submitted ~ for a total of 28,719 square feet of commercial space within the 24,000 square feet of commercial space available in 1979,' and 1980 ~P WHEREAS, duly noticed public hearings were conducted before the Aspen Cc~mercial Historic Preservation Commission on October 4, 1979, and before the Planning and allocations Zoning Commission on October 23, 1979, to consider the Growth Management application and evaluate and score these applications in conformance with criteria established in Ordinance No. 48, Series of 1977, and WHEREAS, the Planning and Zoning Commission did evaluate, rank and score the projects submitted in the following order: P & Z HPC Ayera~e Average Total 1. Epicure Plaza Building (10,041 square feet) 18.6 14.0 32.6 2. La Cocina Addition (1,300 square feet) 15.4 12.4 27.8 3. Bell Mountain Sports Addition (2,000 square feet) 16.4 11.3 27 7 4. Smith Building ' (5,100 square feet) 14.3 13.0 27.3 5. Ajax Mountain Associate Building (6,075 square feet) 15.7 9.0 24.7 6. First National Bank Addition (4,203 square feet) 16.2 7.9 24.1 WHEREAS, the Planning and Zoning Commission has recommended, in accordance with Section 24-10.3(a), that City Council authorize additional commercial construction in the amount of 4,719 square feet so as to approve all six projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aspen, Colorado, hereby allocates commercial development allotment to the Epicure Plaza Building in the amount of 10,041 square feet, to La Cocina in the amount of 1,300 square feet, to Bell Mountain Sports in the amount of 2,000 square feet, to the Smith Building in the amount of 5,100 square feet, to the Ajax Mountain Assoc, Building in the amount of 6,075 square feet, and to the First National Bank in the amount of 4,203 square feet and that these projects are authorized to proceed further with any additional approvals needed by the City of Aspen to secure building permits. AND BE IT FURTHER RESOLVED THAT special review approval be secured for the employee housing proposals contained in the Epicure, Bell Mountain Sports and Smith projects. Councilman Isaac moved to adopt Resolution ~21, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. Ordinance ~77, Series of 1979. City Attorney Stock submitted an ordinance that would authorize the lease of a van for recreation department. Council had approved this previously. The ordinance was too late for the packet. The staff feels this van would save money as the recreation department would not have to use a bus and bus driver for many of their trips. This ordinance will be presented at the next Council meeting. Ice Garden. Stock requested authorization for the Mayor to sign a consent to begin the dissolution of the corporation. Councilman Isaac moved to authorize Mayor Edel to sign the consent; seconded by Council- man Van Ness. All in favor, motion carried. Outside Counsel. Stock requested approval to hire Allan Schwartz at $50 an hour to work on the Plum Tree Inn, Gideon Kaufman to work on the Mills case, and Marty Kahn to work on the Killam/Norton suit, and someone as an outside attorney to do work from time to time on research. Stock said he would bring this back tO Council before the actual work began. Councilwoman Michael moved to direc the city attorney to appoint Kaufman in the MillS' suit; Schwartz to work as attorney on the Plum Tree litigation, and Kahn to worn on the Killam/Norton case~ seconded by Councilman Isaac. All in favor, motion carried. Hougland Suit. Stock asked for authorization to present an offer of settlement to Hougland. Councilman Behrendt moved that Stock go to Hougland or his attorney to pursue nec a settlement at $6,000; seconded by Councilman Isaac. All in favor, motion carried. Councilman Collins moved to continue the meeting to November 29; seconded by Councilman Parry. Council adjourned at 9:30 into an executive session on the Institute litigation. /. JKathryn ~Koch, City Clerk ~egular Meeting Aspen City Council December 10, 1979 Mayor EdeI called the meeting to order at 5:00 with Councilmembers Van Ness, Behrendt, Parry and Isaac present. MINUTES Councilman Behrendt moved to approve the minutes of October 22 and November 12; seconded by Councilman Parry. All in favor, motion carried.