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HomeMy WebLinkAboutminutes.council.19800609Regular Meeting Aspen City Council June 9, 1980 JOINT MEETING WITH TOWN OF SNOWMASS VILLAGE BOARD - Mayor Edel called the meeting to order at 4:10 p.m. and welcomed the members of the town board; Maureen Rogers, Jeff Tippet' Phil Desmond, John Francis, Jim Johnson and Mayor Bob Kevan. Mayor Edel said he felt it was a good .idea for the two Boards to get together so they each know what the other is doing. Mayor Kevan agreed and said there are mutual concerns with the Roaring Fork valley and what happens to one will impact the other. Councilman Isaac said he felt it would be good for Aspen and Snowmass to also get together with the county. 1. Snowmass Village Transportation and Parking System for 1980-1981 Ski Season. Dennis Scholl, Snowmass town planner, presented the transportation plan and said that Snowmass has approved ~the acquisition of 4 new buses. Their long range goal is to see the imple- mentation of a transit center in the Buttermilk/airport area. Another goal is to bring Aspen, Snowmass and the County together to implement building of a major transportation facility, and to have a major transit route along Owl Creek. They plan to have a transpor, tation system at Snowmass, perhaps in parking lot A and all buses will run through the transit center and the shopping center. Scholl told the Boards that the transit system last year was very successful and the park- ing system worked fairly well. This year they will have a total revision of the intercept parking lot; they will be adding two lanes and forcing traffic to go through a toll gate. Councilman Behrendt said he felt all this was discouraging people from this end of the valley from going skiing at Snowmass. Mayor Edel asked if they will sell a season pass for the parking arrangement. Mayor Kevan said this has bee talked about with no decision. Scholl showed maps of the present and expanded systems. The transit system at parking lot A will enhance the pedestrian movement with both ski buses and community buses. Council- man Behrendt asked if Snowmass wanted to be included in transity authority discussions wit] the school system, county, Highlands, etc. John Young, town manager, said they would go it alone until it seemed appropriate; right now they need fast decisions in the inception of the system. Resolution - National Forest Land in Pitkin County. Karen Smith, planning director, told the Boards, they are urging the Congressional delegations to take action to purchase the Ryan land up Castle Creek. The Forest Service and Ryan are trying to negotiate a purchase The Forest Service funds came up $1,500,000 short of the price; $1,000,000 was approved out of the Land and Water Conservation Funds. This resolution urges the delegations to for funds to complete the purchase. This property is valuable as a recreational asset to the valley. Council suggested some minor changes. Ms. Smith told Council this land is surrounded by National Forest Service and propsed wilderness area~j and will be a vaulable asset to Ashcroft and to cross country skiing. Councilwoman Michael moved to approve joint resolution between the City of Aspen and Town of Snowmass Village, Resolution ~1, 1980; seconded by Trustee Tippett. All in favor, motion carried. City Council and Town Board decided to leave the next meeting up to the managers when there is common ground for discussion. COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of April 28, 1980; seconded by CounCilman Behrendt. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Isaac moved to approve the accounts payable; seconded by Councilwoman Michael. All in favor, motion carried. CITIZEN PARTICIPATION Emergency 1. Jim McDade, representing PSI, wanted to discuss Ordinance #5, Series of 1980, the Alarm alarm ordinance. McDade apologized for missing the meeting at which the ordinance was System passed, and told Council perhaps he over reacted to the situation. McDade agreed there is a false alarm problem and that something can be done about it. PSI has reviewed the installation, and there are some things that can be done in that area, especially in the training. McDade said his attorneys have some good approaches to the problem, and McDade said he would like to work with the city administration and come back to Council. Councilman Behrendt moved to put this on the agenda; seconded by Councilman Behrendt. All in favor, motion carried. City Manager Chapman told Council the method of collection is not specified in the ordinance, it only states the method is to be determined by the city manager. Councilman Behrendt moved to reconsider Ordinance ~5, Series of 1980; seconded by Council woman Michael. All in favor, motion carried. Councilman Behrendt moved to table Ordinance #5, Series of 1980; seconded by Councilwoman Michael. Ass in favor, motion carried. 2. Roger Hunt, 501 West Hallam, asked Council the status of the maintenance on Hillyard Hillyard Park park as it is in unkempt condition. The park is going to seed and there are more dande- not taken lions than grass. Chapman said he would check this out. Hunt told Council that Barbara care of Hillyard, who gave the park to the city, is very unhappy about the situation. COUNCILMEMBER COMMENTS 1. Councilman Isaac reported on Ruedi he had gone to Denver and met with the Director Ruedi of Natural Resources and talked to the Water Conservation Board. Councilman Isaac said Reservoir that ~asco was not very encouraging, but everyone realizes Pitkin County does mean sale of water business. They also met with ARCO who has an oil shale project near Rifle. Councilman Isaac said hopefully an arrangement can be made which would not entail going to Court. The federal government wants to sell the dam, and when the dam is sold there should be some guidelines to go along with the sale. City Manager Chapman explained that whoever owns the dam can regulate how much water goes over the spillway. The people who own the water rights will have to get together with the people who own the dam as to how much water gets out. Pitkin County's concern is the minimum level at Ruedi for recreatio! Chapman told Council they are working on setting up a meeting with all potential users to come up with a proposal that can be supported and then taking it to the federal government. 2. Councilman Isaac noted there is an ordinance which prohibits businesses in town from putting flyers all over town. Councilman Isaac said he is seeing them all around and would like this ordinance enforced. 3. Councilman Behrnedt said that on Aspen street the underground drainage picks up only east side drainage and there should be one place to catch the drainage coming down the mountain on the west side. 4. Councilman Parry brought up the mowing problems and asked if the parks department had enough mowers. 5. Mayor Edel presented a letter asking about the water rates raise and how it affects senior citizens. Finance Director Butterbaugh told Council they approved a plan where people over 65 who apply with the city may have an exemption and continue on the Old minimum rate. The people on meters are not affected because the rates have not been raised. Councilman Behrendt asked for a report on how many are taking advantage of this and how many are not on meters, MUNICIPAL JUDGE APPOINTMENT FOR ONE DAY City Attorney Stock told Council he had been approached by some citizens to have a Denver attorney appointed deputy municipal judge in order to marry them. Councilwoman Michael moved to appoint Ovid Beldock Deputy Municiapl Judge for July 12, 1980, for the purposes of performing the marriage of George Newman and Elizabeth Varney; seconded by Councilman Behrendt. All in favor, motion carried. Regular Meeting Aspen ~lmy ~ounum~ uu~= WHEELER OPERA HOUSE COMMITTE UPDATE Dick Moore, representing the committee, told Council they have received an analysis from Wheeler Opera the architect and if the plan is to remodel the building with the theatre and office space House update the total cost is in the $4,000,000 to $5,000,000 range. It appears the real estate transfer tax might raise $2,500,000 based on the current business climate. The report indicates the lots west of the Wheeler need to be purchased. Moore told Council they are asking the architect to begin the schematic design phase. The plan is to be conceived so that as funds are received, the renovation can proceed. Councilman Behrendt asked about the forecast of the RETT for the next 20 years. Mayor Edel said in normal business years the forecast is $400,000 per year. That money was to finance the bond issue, pay for the maintenance and upgrading of the building and fund $100,000 for arts group. The income from the RETT for this year is at $83,000. A $2,500,000 bond issue financed over 20 years a~ 8 per cent would require $250,000 to $290,000 per year. Moore told Council the project architect will be in town next week and will meet with the committee. Moore said he has asked to work out options on the economy for the use of the commercial spaee in the Wheeler; there are requests for 20 times as much space as there is. Moore asked Council to okay payment of $11,918 which involves work by architects and theatre consultants. Councilman Isaac moved to approve the payment of $11,918; seconded by Councilman Behrendt. All in favor, motion carried. Finance Director Butterbaugh told Council she had not budgeted the expenditures in the RETT and will need to bring hack an ordinance. Ms. Butterbaugh said she needed a fairly close estimate of six months of expenditures. Councilman Collins said he felt the size of the Wheeler needs two more lots. Mayor Edel asked Chapman and Ms. Butterbaugh to come up with some ideas on how to purchase the adjacent west lots. Councilman Behrendt said the sixth penny is being used for parks maintenance and buildings, which was not the intention of the public vote. Councilman Behrendt suggested Council have a discussion on the use of sixth penny funds. ASPEN STREET RAILWAY COMPANY - Gift of Trolleys Trolley - Jon Busch told Council the planning office had said the trolley system would be consistent gift to city with the historical nature and would have some advantages, the most distinct one is the north/south connector for the downtown area. Another potential would be to connect Ute avenue with the Little Annie ski area base. Busch reminded Council they had received in March a letter from the Little Annie ski company who is investigating using a trolley system. Farney has~isaid he felt the trolleys could be a less expensive system than the buses, they require a narrower right-of-way and less street work. The trolleys are quieter than buses and have no polluting fuel. Busch told Council that Little Annie is considering the cars that Aspen Street Railway Company will give to the City for daytime use. Busch told Council in this instance, Farney will build and pay for the system. Busch told Council the advantages to the City are that they will get a free test to see if trolley system is really what the citizens want. Busch told Council the market for trolle does exist and several cities are purchasing them. Busch asked Council to keep the option to diesel buses alive, in particular to the Little Annie ski area. Busch stated that Little Annie is looking to the city for a sense of direction. Busch is asking the city to accept these trolleys with Little Annie's in mind as a primary purpose. Councilman Behrent said he did not have much personal interest in the city being in the trolley business; however, it Little Annie wants to take it on it would be an ideal test for the city. Councilman Behrendt told Council Dave Farney had told him if the city receives the trolleys, Farney will give the city a letter stating Little Annie will be responsible for the disposal of the trolleys if the city does not want them. Mayor Edel said he understood that Farney did not want to be tied to a certain transporta- tion system. Chapman said it is senseless for the city to take these trolleys as a gift unless there is some support because then all the city is doing is buying the responsibili!.y in a project of disposing them. Chapman said the city would spend time in researching this, marketing the cars, make the sale arrangements; this is time and effort and it may not be worth it. Mayor Edel said the key decision is whether the city is interested in a trolley system or not. Councilman Van Ness said the city accepting these trolleys would be keeping the options open. As long as the city does not have to make any promises of what they will do with them, it may be all right. Councilman Van Ness said to finance a trolley system would require substantial amount of capital up front; in addition, there is an unknown factor of operating expenses. The city would be willing to go along with the trolley system as long as it did not cost the city money. Mayor Edel said the city is getting into a business that is not any of the city's business. Councilwoman Michael pointed out the Council had rejected gifts of homes because there was no positive reason to accept and no place to put them. Councilwoman Michael said a trolley system from Little Annie's to the c~ty will cost the city money to maintain. Mayor Edel said he did not feel the transportation director is in favor of accepting these Mayor Edel also said he felt awkward putting Farney on the spot and throwing a third decision on him. Councilman Van Ness said this is merely accepting a gift, which seems like a generous gift and something of value. Councilman Van Ness said he does not want this to cost the city. Bil Dunaway told Council he had a lien on one of the trolleys. Councilman Van Ness moved to accept the gift of six trolley cars as described free and clear of all liens and with no promises on the part of Council as to the ultimate disposal of them; seconded by Councilman Parry. Councilman Behrendt said he would like to have an expression from Farney concerning the disposition of these trolleys. Councilman Isaac asked to have staff set up a contract accepting the trolleys and knowing the city can dispose of them or sell them. Councilman Parry said unless the city has a place for the trolleys, the city should not come into this just as a financial arrangement. Councilman Collins asked if they are worth $120,00( why are they coming to the city. Busch answered they wanted the trolleys for the city, not somewhere elbe. _~gular Meetin~ Aspen City Council June 9, 19~8 Councilman Van Ness amended his motion to direct the city attorney to prepame and agree- ment to accept gift of the trolleys for the benefits of answering some questions; seconde~ by Councilman Parry. Councilmembers Van Ness, Parry, Isaac, and Behrendt in favor. Mayor Edel, Councilmembers Michael and Collins opposed. Motion carried. ASPEN COMMUNITY GARDEN UPDATE told Council they are having a car wash at the fire station to Cc~unity raise money. There has been support from the community. They have incorporated in non- profit status. Alpine Survey is doing a survey for a new site. They will have a lease Garden update by the end of summer. They are trying some new methods at the garden and Council was invited to come see it. They are having a Fourth of July raffle and requested a donation of a 20-punch pass at the golf course for a prize for the raffle. Councilman Behrendt moved to approve a 20-punch pass for donation to raffle; seconded by Councilman Parry. All in favor, motion carried. City Attorney Stock told Council this lease has been delayed because the survey could not be done because of snow. Councilman Behrendt said he would like not to have trucks on the property and to increase berming to screen the automobiles. Councilman Behrendt pointed out the plans call for a greenhouse. She said their agreement with Stock is that no structures go on the property until after the survey and the lease. Then they will go through another procedure to get approval for any structures. Councilman Behrendt said this property was paid for through open space funds and he would like any structure deleted. Any plans for the property should come in front of Council. ASPEN HISTORICAL SOCIETY REPORT Jane Jenkins, president of the Aspen Historical Society, supplied Council a l~st of Historical Board members of the museum and a calendar of events for the centennial summer. Mrs. Society Jenkins presented a needlepoint of the centennial logo. A woman from Denver will come to tell what women have contributed to the settling of Colorado. With some of the money Report the Council allotted they are having classes on Aspen history. In August there will be a walking tour of the West end. The annual ice cream social will be August 23 and ' they will try to recreate the atmosphere of the 1890's. Mrs. Jenkins told Council they were planning a media program about the years Aspen was not rich and to do a project on mining. Ramona Markalunas said the Centennial committe is a non-funded committee and is offering a lot of project for the centennial summer. The Chamber is involved in the Fourth of July parade; the parks department has begun a tree planting program; the fire department is handling the fireworks display and will have a hose cart rase in August. The Elks and Eagles clubs are holding dances; Ballet West will premier an original Ballet and the M.A.A. scheduled a special concent. There has been a town meeting, and centennial coins and tee-shirts have been made. Mrs. Markalunas requested that number 1 lift area be named Willoughby Park for Fred Willoughby who was Mayor from 1926-1940. The Historical Society has offered to help the city in planning an appropriate skiing exhibit. Mrs. Markalunas asked the city to brush and clean up Ute Cemetery and re-establish the markers. The city is also asked to designate a portion of the river Aspen Centennial and to re-establish what was Koch lumber on the Rio Grande, which will enhance the area as a popular place for people. Mrs. Markalunas told Council the Forest Service has been asked for a special use permit to preserve Independence ghost town, east of town. Flags have been offered as a centenni~ flag; the Chamber anticipates purchasing 2, and the city is requested to purchase one for City Hall, one for special events and one for each entrance to the mall. The flags are $39.50. Councilman Behrendt asked the city' manager to get with the Historical Society in working out a program for Ute Cemetery. Councilman Behrendt asked City Attorney Stock to get started with the idea of naming Lift 1 Willoughby park. Councilman Behrendt also asked City Manager Chapman to work with the Historical Society on an appropriate skiing exhibit. Councilman Behrendt moved to authorize the order of five flags at $39.50 each; seconded by Councilman Collins. Mayor Edel said he did not think these would last in the mall; this is equal to giving the flags away. Mayor Edel said he felt they should be purchased and put somewhere else. All in favor, motion carried. Councilman Behrendt moved to release funds that have been allocated for the Historical Society out of the $9,000, other than the.historical inventory; seconded by Councilman Collins. All in favor, motion carried. Councilman Behrendt asked the status of the historical inventory. Planner Karen Smith said the work has been initiated by doing a volunteer intentory of different parts of town; the west end is nearly completed. They hope to have the owrk done by October. This is the city's matching share of a $10,000 awarded from the state to the Historical Society. Councilman Behrendt told the Historical Society to go to the Rio Grande Task Force with a presentation of moving the Koch lumber buildings. Mrs. Markalunas told Council the framed panoramas are included in the Historical Society's budget and will hopefully be installed in the Council Chambers. Councilman Behrendt moved to approve a special event permit to the Aspen Historical Society for Thursday, July 3, at the Wheeler Opera House; seconded by Councilman Collins. All in favor, motion carried. VENDING SERVICE APPLICATION - Chip Chip Hooray Polly Daily, representing Chip Chip Hooray, told Council they have moved to Hyman Street. :~V~nding They feel they have a unique product for tourists and locals alike and would like to apply application for a limited permit to vend at baseball games, malls, rugby games. Chip Chip Hooray does chip Chip supply cookies to the music tent and the Design Conference. Ms. Daily presented a render- ing of the push carts to by used by Chip Chip Hooray, and this would be a colorful thing Hooray to be going through the mall. Ms. Daily said they would take care of their own litter. They would be selling only cookies from the carts. City Attorney Stock pointed out that vending on public rights-of-way is not allowed unless Council gives a license for that. Council can give a year contract with certain restrictions; the question to Council is a policy matter. In the past Council has tried to avoid a proliferation of these and has wanted the community to remain unique. Council must decide whether this type vending is consistent with policy in the past or is inappropriate for the mall area. Councilman Behrendt said historically Council has turned down people who want to vend in the mall. The only person with a vending license vends only from the streets. Mayor Edel agreed Council is trying to give unique preference, and in the time Chip Chip Hooray has supplied a unique atmosphere to Aspen. Councilman Behrendt pointed out this contract will allow vending in the parks and in the malls. City Attorney Stock told Council they would be making a specific finding of fact on the reputation of this business. This contract do, s not create a situation where Council would have to approve every vendor before them. Ther~ is a provision that Council could charge a fee if they wanted. If Council wants to stay consistent with their philosophy, not vending on the mall., the document could be amended. Ms. Daily told Council they have had many requests to have cookies at the various games; the malls are not particularly important. They would like to go around with their carts and not block traffic. Mayor Edel suggested being restricted to the alleyway along Wagner park. Ms. Daily said there and the Rio Grande would be all right. Councilwoman Michael said if Council is going to give the ability to sell, they should give the flexibility on where to sell. Councilman Isaac said he would prefer somewhat stationary rather than pushing the carts around. Stock told Council they can review these contracts yearly. Councilman Isaac said he would prefer to have this contract up the end of October. Councilwoman Michael moved to approve the vending contract between Chip Chip Hoory and the City ofi~spen until October 31, 1980, deleting in the contract under ~l(a) and (b) and prohibiting Chip Chip Hooray from using the mall and adding under #3 indemity insurance to the limit of $400,000; seconded by Councilwoman Collins. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Paragon Parlor Liquor license City Clerk Koch brought up one after hours drinking report from the police department., renewal Building Inspector Meyring submitted a memorandum describing a zoning violation that is Paragon existing. Meyring told Council the basemenet is being used in violation of the zoning ordinance and a signed agreement between the owner of the Paragon and the city. Joe Edwar~ s, representing the Paragon, told Council what Meyring is trying to do through the liquor license procedures is not appropriate and is not a criteria for granting or denial of the liquor license. Edwards told Council the owner of the Paragon went to construct a sub- basement below the existing basement. The zoning code says one is not allowed to expand the usable business floor area of the operation. This space can be used for mechanical equipment, air conditioning, heaters, etc. A building permit application was filed which delineated a use for the sub-basement is a mechanical device to pump up liquor to dispens~ alcohol and drinks for a computer machine at the bar. Edwards told Council they have spent money installing the equipment. Meyring decided this was storage of liquor and a violation of the zoning. By reliance of issuance of a permit by Meyring, the Paragon spent a lot of money. Edwards said the city attorney had'agreed with their position that the issuance of the permit by the city and the applicant's reliance on it, bound the city so that they could not come back and argue this point. City Attorney Stock told Council the criteria on renewal is the reputation of the operator of the business. A continued course of conduct which was iv violation of the law would have some merit. Stock said he does not agree with the building inspector's position on this particular item. Stock said there is no clear cut mechanical definition in the code. This mechanical drink dispensor is a new type of device, and when Stock reviewed this, he felt the computer pump was a mechanical device and use of the subgrade basement for it is an appropriate use and not in violation of the city's code. However, this area can not be used for storage of liquor bottles. Tom Dunlop told Council this plan review has gone on since 1977; there are constant revisions. Everytime a set of plans is approved, something changes and invalidates that approval. Dunlop said he had, hopefully, a final set of plans. Councilman Van Ness said the only issue is whether the equipment fits into the definition of mechanical, which is not a very good definition. Councilman Van Ness said he felt this fit into the definitio] although not very clear cut. Councilwoman Michael moved to approve the liquor license renewal for the Paragon; seconde~ by Councilman Isaac. All in favor, Councilman Collins abstained. Motion carried. Councilwoman Michael said she would like to see this get cleared up soon. SPECIAL EVENT PERMIT - Aspen Rugby Club Special Event Permit Councilman Behr~ndt moved to approve the events permits for June 21, 28; July 5, 19; Rugby Club August 2, 9~ September 2, 21, and 22 at Wagner Park; with the provision the permits are contingent upon them policing the field to the satisfaction of the city manage; seconded by Councilman Isaac. All in favor, motion carried. SUBDIVISION EXEMPTION - Swiss Chalets Councilman Behrendt asked if this were the other half of the Cantrup housing proposal. Subdivision Chuck Brandt, representing the applicant, told Council Cantrup has a contract to acquire Exemption 7 of the 9 lots and they need a lot split to break off the lots. Swiss Chalets Richard Grice, planning office, told Council this is a request for exception from the subdivision procedures. This has been to P & Z who granted them an exception from subdivision subject to the conditions of the city engineer department. The proposal is to subdivide 9 lots, take out the 7 that contain the Swiss Chalet and leave the two that contain the single family residence. Both planning office and engineering recommend approval subject to the two memoranda in the packet dated May 15 and May 30, which is the final plat review memo. Brandt stated the applicant did not have any objections to the conditions. Councilwoman Michael moved to approve the Swiss Chalet subdivision exception with the engineering department provisos in memos of May 15 and May 30; seconded by Councilman Parry. Councilman Isaac asked if the developer of the 7 lots would be going through the whole process. Grice said any development on those lots would go through growth management approval. All in favor, motion carried. Subdivision SUBDIVISION EXEMPTION - Bill Clark Exemption Bill Clark Richard Grice~told Council this requests subdivision exemption for property which contain~ two single family detached residences. There is no historical rental history. The engineering department recommends approval on a resubmission of the improvement survey and an agreement to enter into an approvement district for sidewalk, curb and gutter. The attorney recommends approval with the minimum six month lease restriction. The P & Z recommended approval with the six month lease restriction and compliance with the engineering department's memo. Councilman Collins moved to approve subdivision exemption subject to the conditions of engineering and six month minimum lease restriction; seconded by Councilman Behrendt. All in favor, motion carried. HIGHWAY 82 P & Z RESOLUTION Highway 82 alternative Karen Smith, planning director, told Council this resolution comes to them from P & Z aligrm~nts at the instigation of Hans Gramiger who appeared before P & Z urging that now is the time to deal with the issue of alternative alignments of highway 82 into town. The implications for the community are more immediate now because of things like the Marolt 'development. A decision needs to be made where the alignments are going to be made so developments affected by the decision can plan the development. P & Z's resolution urges Council to do what they can to facilitate the process in deciding the atig nnent; this process will involve the City, Pitkin County and the state highway department. Ms. Smith reported the state highway department has agreed to do an engineering feasibili study which is the last phase in determining alternative alighnments. Therei~has been a battery of studies leading up to this. Councilman Behrendt moved to approve the P & Z's resolution; seconded by Councilman Parry. Councilman Collins asked how this fit into the master plan. Ms. Smith said there are several transportation plans suggesting various alternatives. This engineering feasibili study is a detailed implementation of the previous studies. All in favor, motion carried. Councilwoman Michael moved to place Aspen Institute up on the agenda; seconded by Council man Parry. All in favor, motion carried. Council recessed for 10 minutes ORDINANCE #21, SERIES OF 1980 - Aspen Institute SPA Approval Ord. 21, 1980 Aspen Institu~ Olof Hedstrom, Chairman of P & Z, told Council they had recommended approval and a sub- SPA approval sequent action was a resolution which places some restrictions on the approval. Heds~ told Council there was not uniformity nor agreement amongst the members of the P & Z. The P & Z recognizes the value and contribution and benefits that the Institute affords this community, and wanted to encourage a favorable resolution of the problem. At the same time, the Commission is charged with the responsibility of weighing land use community impacts of any development whether favorable or unfavorable and they should point out restrictions to minimize as fas as possible any adverse effects of development Hedstrom said this resolution did not reflect the unanimous opinion of any member. The vote was not unanimous; it was close. This is not exactly a compromise but perhaps a medium position and is to call to Council's attention items of serious concern expressed by Commission members. Lee Pardee, P & Z member, had said he was not going to participate in Institute dis, because he was being sued personally. Prior to the second meeting, the Institute filed a release of that personal liability. Pardee said he was not informed of the release or the meeting. Pardee was active in the following meeting, however, he was told he could not vote on the Resolution because that had been voted upon at the previous meeting but could be active in the discussion. Pardee told Council Commission members are most concerned about full-day tourist use and deleting the word primarily from that discussion Council decided to go through the P & Z resolution along side of Council's ordinance to see if Council wanted the changes included. Ms. Smith told Council the P & Z resolution represent an attempt to recognize a negotiated settlement and to perform their function to review land use impacts. The P & Z has tried to mitigate impacts coming up with the changing nature of the SPA; they have taken acknowledged aspects of that settlement Regular Meeting Aspen ulny uounc~l and felt it was their responsibility to elaborate on those. Joe Wells, planning office, told Council the whereas clauses in the P & Z resolution regarding the limited develop- ability of the site where deleted from the ordinance. P & Z would like these re-added to the ordinance itself. City Attorney Stock explained the first ordinance on the Aspen Institute Institute, which was considered in July 1979, had the additional 7 whereas clauses. In SPA approval restructuring and creating this ordinance #21, those clauses were removed, these are matters of fact and can be referred to at time of recommendation and did not have to be whereas olauses. P~& Z felt if Council found these to be true, they could create them as part of the record for the rationale of their vote. Hedstrom said the P & Z felt these are significant matter of fact and pertinent to the recommendation. Council agreed these should be added to the resolution as whereas clauses. Joe Wells referred to Section 3 of the P & Z resolution, ~1 requesting the expression "permitted density" be eliminated. Wells recalled the reason was confusion as to what density was. Stock said he had no problem dropping that as density is more than just the number of units, it s FAR, etc. Originally the ordinance talked about including full density, but it was dropped to set number of units without specific limitation-on size. Section 3, #2 of the resolution refers to definition section of the ordinance and the feeling is that the support facilities should be limited to the use of guests; to restric the food, ~beverage and retail not to serve the general public, but that luncheon meetings may serve the general public. Councilwoman Michael recalled Council voted to keep these facilities open. Councilman Isaac said he could not see building the facilities and then leaving them vacant. Councilman Parry agreed. Section 3, #3 of the resolution suggests deleting the words "primarily" and "daytime" and substitute for the word "daytime" the word "full day" in the ordinance Section 2 (a). Wells said this would limit the use of the facility to full day conference use rather than primarily. Councilman Parry said Council worked over this wording and decided to leave primarily in. Councilman Parry said he felt it was important to leave it as it is. Councilman Parry said he would like not to add #3 to the Ordinance. Councilmembers Parry, Michael, Behrendt agreed; Councilmembers Van Ness, Isaac, Collins, and Mayor Edel opposed. Councilwoman Michael noted the Institute wanted "primarily" so that they would have some latitude regarding their seminars. Pardee said that executive seminars are a conditiona[ use and are fine. What the P & Z was trying to avoid is the Institute leaving and new owners having two-hours seminars in the morning and skiing the rest of the day. The P & Z wanted control in the future and this is not accomplished with a permitted use. Councilman Behrendt said he is committed to the ordinance wording because it was the bes~ settlement between the Institute and the city; it was a specific item the city committed to. Councilman Collins said he felt the key word is "primarily" and it will open the door to potential abuses. Nowhere in the city code is there anything "primarily"; there are permitted and conditional uses. To say something is "primarily" is too general a term. There is an agreement with the Institute regarding this, there are no assurances that they will continue. Councilman Isaac moved to drop the first primarily in 2(a) of the ordinance in the secon~ line and leave the reast as written; seconded by Councilman Parry. Councilmembers Parry~ Isaac, Michael and Behrendt in favor; Councilmembers Collins, Van Ness and Mayor Edel opposed. Motion carried. Wells told Council Section 3, ~4, in the resolution is a housecleaning item to move "kitchen" from one definition section to another. Councilman Behrendt moved to accept 94; seconded by Councilman Van Ness. All in favor, motion carried. Wells brought up Section 3, #5, in the resolution which requests striking reference to "executive golf" in the recreational facilities definition. Councilwoman Michael moved to strike executive golf in 2(e); seconded by Councilman Isaac. Councilman Van Ness said the concern was that the facilities not be unattractive to the neighbors and he said he would rather look at a golf course than some of the other uses listed. Joan Klar, P & Z, said that leaving this as a permitted use may be jeopardizing the open space program. Ms. Smith reminded Council in the conceptual approval given to the Institute, it was decided that a golf course would not be appropriate in that particular area. All in favor, with the exception of Councilmembers Parry and Van Ness. Motion carried. Councilman Behrendt moved to incorporate #6 and modify 8,494 to 8,464 in Section 3 of the ordinance; seconded by Councilman Isaac. All in favor, motion carried. Wells said in section 3, #7, of the resolution refers to employee housing. In Section 5 of the ordinance there is no reference to the minimum number of employee housing units but that the number be established during PUD. P & Z asked that language be added to make it clear to future owners of the facilities, as well as the Institute, they would have to house their employees. Councilman Behrendt moved to incorporate language suggested in point 7; seconded by Councilman Isaac. All in favor, motion carried. Point 8 of the resolution is in regards to the fact there is no reference to maximum number of living/dining/kitchen areas to be permitted. P & Z asked Council include language regarding no more than 12 additional living/dining/kitchens areas in addition to 265 bedrooms. Councilman Behrendt moved to incorporate ~8; seconded by Councilman Parry. "~ ..... . ....... ~ ~=~ ~zny u~uncz± June 9, £98v. Wells explained in previous ordinances there was a specific reference to 12 additional living/dining/kitchen areas. Councilman Van Ness asked if this was in addition to what Aspen Institut they have now. Wells answered they have 92 bedrooms and 8 living/dining/kitchen areas. SPA approval Councilman Van Ness asked if the 92 present bedrooms get subtracted from 265. Wells said they would be allowed 265 bedrooms and 20 living/dining/kitchen areas. City Attorney Stock said the language should read 20 living/dining/kitchen areas to be consistent and be clear that 265 bedrooms and 20 living/dining/kitchen areas include what they have now and what they can have. Councilman Behrendt amended his motion to read 20 living/dining/kitchen areas; seconded b Councilman Parry. Councilmembers Parry, Behrendt, Michael, and Van Ness in favor; Councilmembers Isaac, Collins, and Mayor Edel opposed. Motion carried. Wells said 99 is language in reference to the riding ring, valley floor and trails. The P & Z asked for language to protect the valley floor without specifically stating it be open space~ ~R~e~eDtly there is~a~dommitment to preserve the Castle Creek valley. P & Z asked the riding rink be designated as open space and public trail easements be required. Councilman Behrendt said the request was to leave the riding ring open at this time and decide what it will be when the footprint is done. Councilwoman Michael said the wording is that the riding ring will be "specified as to use later in the process". Councilwoman Michael also stated she would like to reserve some area for employee housing other than right next to the Physics Institute. This can be discussed in depth in the PUD process. Councilman Isaac suggested having 1/3 of the land dedicated to open space. Stock told Council the land in the Castle Creek valley alone is more than 1/3 of their total property Ms. Smith reminded Council they backed off on the 1/3 because they wanted to be very specific of which open space is valuable, and that has always been the valley floor and the riding ring. Councilman Behrendt moved to not incorporate #9 in the final draft; seconded by Councilman Parry. Councilmembers Isaac, Behrendt, Van Ness, Michael, Parry in favor; Mayor Edel and Councilman Collins opposed. Motion carried. Joe Wells pointed out ~0, for Section 8 of the ordinance, P & Z asked to strike "encourage~ but not". in the first sentence regarding phasing the conference center and the employee housing. Councilman Van Ness moved to leave in "encouraged, but not"; seconded by Councilman Isaac. Councilmembers Van Ness, Behrendt, Michael, and Parry in favor, Councilmembers Collins, Isaac and Mayor Edel opposed. Motion carried. Wells told Council that Section 4 of the resolution leads into transportation matters from a statement of desirability of tourist use. Councilman Behrendt said he thought this was to be left to PUD. Ms. Smith said if there is an allowance of tourist uses, P & Z felt it was important to deal with the transportation impacts and to put people on notice that a transportation system is paramount. Councilman Behrendt said these points get very specific. Councilwoman Michael said the Council could say in order to obtain PUD approval the Institute would be required to have a traffic circulation plan. MS. Smith told Council this was in the previous resolution, and to leave it out might indicate a change of heart. Stock said this came about so that the Institute would know what the city want~ in the way of a transportation plan. Councilwoman Michael moved to insert P & Z resolution with the following language; "The accommodation of tourists, while acceptable, is not the most desirable or ideal use of this property. The City Council also recognizes that there exists no guarantee that the Aspen Institue will remain in Aspen. As a result, the Council shall rely upon traditional land use controls to mitigate the adverse impacts of the project. Specificall, in order to obtain PUD approval the Aspen Institute will be required to create a traffic circulation systems, stringent parking restrictions, adequate bus service, i.e. a substan- tian auto disincentive program; seconded by Councilman Behrendt. All in favor, motion carried. This will be added as Section 9 to the ordinance. Councilman Isaac said he would like to see added a section on non-reliance so that the Institute could not come back stating this is a document they can rely on. Councilman Van Ness agreed there should be a non-reliance section so that the Institute won't come back and ask how the City can hold them up on PUD. City Attorney Stock said there could be a non-reliance clause stating the fact the city approved this does not necessarily mean the city will approve the PUD application. Stock explained usually there is a severabilit, clause in most ordinances which says if one section of the ordinance is lost, the remainde~ of the ordinance will stay in effect. The problem with severability in this ordinance is that as property owners, they could attack sections they disliked and the rest of the ordinance would remain in effect. A non-severability clause would give protection in that there is a penalty in attacking a section because the entire ordinance would be lost. Stock told Council, according to the Courts, until a building permit is obtained there is not reliance against the city. Stock said the Institute is working with the city for an alternative to severability; they have offered a covenant not to sue. Councilman Behrendt pointed out this process has been a long, difficult compromise and it would be a disaster to have one section attacked and the whole ordinance thrown out. Councilman Behrendt said he wanted to see the whole ordinance move through in a block. Councilman Isaac moved to add Section 11 dealing with non-reliance; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Behrendt moved for non-severability Section 12; seconded by Councilman Van Ness. Councilman Behrendt said he wants this ordinance to stand or fall as it exists; this is the compromise that has been worked out. All in favor, motion carried. Councilwoman Michael moved to read Ordinance #21, Series of 1980, as amended; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 921 Aspen Institute (Series of 1980 SP~ approval AN ORDINANCE STABLISHING THE PERMITTED AND CONDITIONAL USES OF STRUCTUES ON CERTAIN PROPERTY WHICH IS DESIGNATED AS A SPECIALLY PLANNED AREA was read by the city clerk Councilwoman Michael moved to approve Ordinance #21, Series of 1980, as amended by the P & Z suggestions and with the non-reliance and severability clauses. Mayor Edel noted he is voting against this because there is no reference whatsoever to guarantees for the M.A.A. and the M.A.A. has gotten no response from the Institute. Also there is no guarantee the Institute will not come back and ask for more development. The reason for doing this ordinance is that the city wants the Institute to stay in Aspen there are no guarantees in the ordinance that they will stay in Aspen. Councilman Behrendt suggested a statement of fact the PUD plans will have resolutions of the Institu e staying and that the M.A.A. and Physics Center are taken care of. Councilman Van Ness pointed out the city has made a law which effectively banned hotels, and this is knucklin. under to someone who would not or could not fit construction in a manner consistent with the laws of Aspen. While the city is telling everyone else they cannot build a hotel, the Council is telling the Institute that since they are the Institute it is okay. Councilman Van Ness said he found it hard to see what is different in this agreement and the ordinance rejected by the City Council last July. Councilwoman Michael added the whereas, Whereas, the continued presence of the Aspen Institute for Humanistic Studies, the Aspen Music Associates, and the Aspen Center for Physics as three cultural and educational facilities is of primary concern to the Aspen City Council. Councilman Collins said there is no question that this is a use that should not be permitted in a primarily residential area. To put a commercial facility of this magnitud~ on a year round basis is a big mistake. Roll call vote; Councilmembers Collins, nay; Behrendt, aye; Van Ness, nay;? Parry, aye; Isaac, aye; Michael, aye; Mayor Edel, nay. Motion carried. Councilwoman Michael left Chambers. CITY MANAGER 1. Annexation Policy/Pfister Proposal. City Manager Chapman reminded Council they had been given a proposal by Dick Fitzgerald regarding development on the Pfister property Annexation and instructed staff to go over proposal and report back to Council. Chapman recommended Pfister a procedure, and one of the first issues is annexation in that direction as a matter of policy. If Council deals with the issue of annexation positively, then deal with the issue of that particular development - is it in the right place, is it the right scale. Chapman said Council should deal with the issue of annexation in that direction as a manner of policy and recommended for the next agenda to discuss policy of annexation in that direction and resolve that first. 2. Water Plant Housing Project~- Waiver of Building Permit Fee and Park Dedication and Project Update: Water Plant Jim Reents, housing director, told Council the city has received the proceeds from the Housing bond sale and they are in deposit in CD's and will draw down over the phase of construc- Waiver of tion. Reents is in the process of negotiating the final contract for construction and building fees the final construction price. This will be brought to Council for final approval, and and park ground will be broken as soon as the contract is signed, dedication fees Reents told Council in terms of management of the project as well as qualification and selection of renters, Council earlier approved using Interwest Realty as project consul- tant. They are putting together the scope of a management proces, and the city will then put out a general outline for requests for proposals for management of the project. Reents said he is working with Interwest to refine the qualification factors for renters and Interwest will handle a lottery selection process, hopefully to be held in August. The units will come on line between November and December. Reents told Council the rental rates have not been pinned down but are between $.58 and $.64 per square foot per month; studio $285 - $315. Reents said there will be rental increases over the 20 year period. Reents told Council the general contractor is doing a total project price. Reents requested a waiver of all building permit fees. In the past, the city has not charged itself for building permit fees. This would be approximately $16,000. Councilm~ Van Ness suggested down the line raising the rents to repay the subsidies. Reents said at the end of 20 years, the project will be free and clear; there will only be an operating expense. Councilman Van Ness said it would make better sense to defer all thes fees and recover the fees later. Councilman Isaac agreed to deferring the fees rather than waiving them. Councilman Behrendt said the rent that is going to be charged puts these places at bargain rates. Councilman Behrendt said he did not understand waiving or deferring the rates. The city is subsidizing these people through free land and free snowplowing. City Manager Chapman said the employee housing problem is twofold; quantity and afford- ability. People here are spending 35-40 per cent of their income on housing, and an objective should be to get this percentage closer to the national level. Councilman Van Ness said if the city assesses every fee on this project, they will end up.with expensive units and a big empty building. Councilman Isaac moved to defer the approximate $16,000 building permit fee and review within five years for possible repayment; seconded by Councilman Behrendt. Chapman told Council the city should set the rent strategy so that this project could support other housing projects in the future. Councilman Van Ness stated no one can predict what the economy of Aspen and the nation will be in 5 to 10 years, and the city Water plant has no choice but to readjust the rental rates to keep it filled and maximize the profits. housing cont'd Finance Director Butterbaugh noted the new joint city/county building department has an agreement where all fees will be split. This may have to be a joint decision. Stock answered the city had not bargained away rights to create a rate schedule. Also there is a question if a building permit fee was required for a governmental project. Councilman Collins wondered if this were setting a bad precedent and why these fees were not included in the bond issue. Chapman said they could be but this would increase the rents. Councilman Collins said he felt this may be setting the stage - where does the city stop subsidizing employee housing. CouNcilman Collins said this may be asking for trouble from the community; this is additional taxes they are paying. Councilman Collins recalled originally this project was going to stand on its own legs, and it keeps backing off and backing off to make it more attractive. Councilman Parry pointed out the total fees to be waived $371,000 will make a big difference in rents. All in favor, with the exception of Councilman Behrendt. Motion carried. Jim Reents requested that Council waive the park dedication fee as~was waived for Midland Park. Reents told Council they did have the option to dedicate land as passive open spac~ on the site or to waive the fee. Councilman Van Ness moved to defer payment of the park dedications fee for 5 years with a review; seconded by Councilman Parry. Councilman Behrendt said he would support this only if it were deferred with a payment in 5 years. This is a subsidy because the city is carrying these people and they are the ones who want more parks and ballfields. Councilman Isaac said pakr land is important in the community but Council has decided so is ~mployee housing. Chapman pointed out this fee is $103,000 Councilmembers Van Ness and Parry and Mayor Edel in favor; Councilmembers Isaac, Collins and Behrendt opposed. Motion NOT carried 'Councilman Behrendt moved to defer for 5 years at which point payment would be made. Motion DIED for lack of second. Councilman Isaac moved to exempt the water plant housing from the park dedication fees; seconded by Councilman Van Ness. All in favor, with the exception of Councilmembers Behrendt and Collins. Motion carried. Chapman told Council he is not recommending waiving the water tap fees of $90,000. This is a physical improvement fee, not like the park dedication fee. 3. Resolution ~13, Series of 1980 - Assumption of Notes for Plum Tree Inn. City Manager Chapman told Council the city has not received their rent for February, March and April Reso. 13, 198( and has informed the Plum Tree the city will not sign any notes until they receive the Assumption of rent. Mayor Edel asked why the city could not throw them out. Chapman explained the Notes for pay for this quater was due May 20 and it is only June 9. City Attorney Stock told Counc~ Pl~Tree Inn the city has to make written demand before any action can be taken. Finance Director Butterbaugh told Council they also have not paid their sales tax for the first quarter and there may be a lien filed very soon against them. Councilman Isaac moved to table consideration on this issue; seconded by Councilman Collins. All in favor, motion carried. 4. Transportation Department Office Space. City Manager Chapman told Council he had looked at the Wheeler Opera House for space. The only two spots suitable are occupied by Ballet West and the Aspen Foundation for the Arts. Chapman said there is 90 square Transportation feet vacant. Councilman Behrendt said he is not convinced, with all the problems the department Wheeler is having, that the city will be going in there right away. Councilman Behrendt office space said the city will have to take the best space for their purposes and tell the other groups they will have to make other arrangements. Mayor Edel agreed, but pointed out the Council had told the Wheeler Opera House Commission to take the space nad let it out. Chapman told Council the transportation department would need less than 1,000 square feet. Arrangements need to be made for the transportation department for 30 months, and Chapman recommended leasing space. Councilman Van Ness said he agreed the Council did wrong when they gave away the Wheeler when the city needs the space. Councilman Van Ness said he would like to know exactly who is in the Wheeler. Councilman Van Ness agreed the Wheeler is gone and the Council has to look at the next best thing. Monroe Summers told Council there are four people in a room 10 foot per side with 70 drivers coming in in the winter, 3 mechanics and superintendents. Councilman Van Ness moved to go out and rent space; seconded by Councilman Isaa. Councilman Behrendt said he was against paying rent if the city is giving space away. Councilman Isaac said he hesitated to go into a 30 month lease. Chapman said he would come back to Council with the contract. All in favor, with the exception of Councilman Behrendt. Motion carried. 5. Pro Shop Status Report. Chapman submitted a report from Jim Holland on the status Pro Shop statu of the pro shop and a request for additional funds. Because of the emergency situation report with moving and renovation the Council had authorized up to $4,000 more. Councilman Isaac moved to approve an additional $4,000 for the pro shop; seconded by Councilman Parry. All in favor, motion carried. 6. Housing Task Force Action Plan Report. Councilman Isaac moved to table this item; seconded by Councilman Behrendt. All in favor motion carried. Chapman reported to Council that the plaque from Aspen's sister city Garmisch-Partichkirc]en has been refurbished and return from Garmisch and is hanging by the front door. ORDINANCE ~23, SERIES OF 1980 , S/C/I Amendment Karen Smith, planning director, reminded Council they had recently overhauled the S/C/I district. The planning office received a request for more uses. The planning office Ord. 23, 1980 has recommended approval as did P & Z. Ms. Smith told Council inadvertently two uses S/C/I amendment were left out, catalog sale and dwelling units accessory to permitted uses and asked that the ordinance be read as amended. Councilman Behrendt moved to read as amended; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~23 (Series of 1980) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A DANCE STUDIO AND A MARTIAL ARTS STUDIO AS CONDITIONAL USES IN THE S/C/I ZONE DISTRICT was read by the city clerk Councilman Parry moved to adopt Ordinance #23, Series of 1980, as amended on first reading; seconded by Councilman Isaac. Roll call vote; Councitmembers Van Ness, aye; Collins, aye; Behrendt, aye; Parry, aye; Isaac, aye; Mayor Edel, aye. Motion carried. RESOLUTION ~13, SERIES OF 1980 - Aspen Employee Housing Reso. 13, 1980 Aspen Employee City Attorney Stock told Council this resolution is for a statement that the lands on Housing #1 Cemetery Lane to be used for employee housing are not being used for a public purpose, lands not being used for Councilman Parry moved to read Resolution ~13, Series of 1980; seconded by Councilman public purpose Behrendt. All in favor, motion carried. RESOLUTION ~13 (Series of 1980) A RESOLUTION DECSARING THAT CERTAIN REAL PROPERTY, SPECIFICALLY, LOTS 1 AND 2 OF THE ASPEN EMPLOYEE HOUSING NO. 1 SUBDIVISION IS NOT CURRENTLY IN USE FOR APUBLIC PURPOSE AND MAY THEREFORE BE SOLD, EXCHANGED OR DISPOSED OF WITHOUT A VOTE OF THE ELECTORS was read by the city clerk Councilman Behrendt moved to adopt Resolution #13, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #24 and 25, SERIES OF 1980 , Sale of Chapman Condominium Ord. 24 & 25 Sale of Councilman Behrendt moved to read Ordinance #24, Series of 1980; seconded by Councilman Chapman condo Parry. All in favor, motion carried. (er~ployeehousing) ORDINANCE #24 (Series of 1980) AN ORDINANCE RATIFYING A PURCHASE, SALE, AND OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND JANICE CHAPMAN PROVIDING FOR THE SALE OF UNIT1 OF CHAPMAN CONDOMINIUM BY THE CITY OF ASPEN TO JANICE CHAPMAN was read by the city clerk Councilman Behrendt moved~ito adopt Ordinance #24, Series of 1980, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Behrendt, aye; Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried Councilman Van Ness moved to read Ordinance ~25, Series of 1980; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~25 (Series of 1980) AN ORDINANCE RATIFYING A PURCHASE, SALE, AND OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND ANN McCALLUM FREERS PROVIDING FOR THE SALE OF UNIT 2 OF CHAPMAN CONDOMINIUM BY THE CITY OF ASPEN TO ANN McCALLUM FREERS was read by the city clerk Councilman Isaac moved to adopt Ordinance ~25, Series of 1980, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Isaac, aye; Collins, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. Councilman Isaac moved to adjourn at 10:45 p.m.; seconded by Councilman Parry. All in favor, motion carried.