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HomeMy WebLinkAboutminutes.council.19800728 Councilman Isaac directed City Manager Chapman to implement the recommendations except for the legislative session; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Behrendt moved to adjourn at 10:10 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn S. ~ch, C~ty Clerk Regular Meeting Aspen City Council July 28, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Kinsley~called the meeting to order at -4:05~p,m~.~ with Commissioners Child and EdWardS, councilm~b~rs M~haei, Beh~endt, Parry, Isaac and Mayor Edel present. Employee Cred~ 1. Employee Credit Union - Paid Treasurer. City Manager Chapman told the Boards the Union - Paid credit union has provided services to the employees of the hospital, county and city. Treasurer One of the services is making loans; this demand has greatly expanded. Chapman said each entity has provided staff time to manage the credit union. This is getting close to a half-time job, and each entity is having diffieulty providing the service. The employees came to the city and county manager, and hospital administrator with a proposal that instead of providing Staff services tO provide a financial contribution to the credit union to hire a half-time treasurer. It would cost about $900 a month for a treasurer to keep the books and be reliable. Chapman recommended $300 per month from each entity to pay for this; the credit union is not big enough to pay for this out of their expenses. Chapman told the Boards the credit union is applying for a charter change so that they can provide services to other employees in the valley. The credit union may get big enough so that they can pay their own expenses. Chapman told the Boards the credit union is an employee benefit for Loans to get estab~ lished in town, savings, etc. Cu~t Stewart, county manager, agreed this is a benefit; however, he=%would not like it to become too big and become competition with other lending institutions in town. Councilman Behrendt said he would be interested in doing this for one year. (Councilman Collins came into Chambers). The Boards requested that an analysi~ be done showing how many participants it would take ~'o be self-supporting; how many there are now, what the assets and general activities are. Commissioner Kinsley moved that the city and county managers analyze this to determine what the threshold would be in terms of people or deposits at which point it would be feasible to hire an individual to work part time on this job; seconded by Councilman Isaac. All in favor, Councilman Collins abstained; motion carried. Councilman Isaac moved to put Ruedi reservoir on the agenda; seconded by Commissioner Child. All in favor, motion carried. RUEDI RESERV0I RUEDI RESERVOIR - Sale of Water Sale of Water John Musick told Council he was requested to be here as a result of what is going on with Ruedi and the water sales. Musick prepared an analysis of the legal options available an~ the costs to carry these out. Councilman Isaac told the Boards this started in June when the city and county met with the Water Conservation Board and ARCO. At that point, the city and county expressed their feelings about the sale of what and what studies had to be done. The WCB said that studies would start immediately and they would get back with a letter supporting Pitkin County's and Aspen's position and on water minimum and maximum flows in the Frying Pan. Councilman Isaac stated the WCB was not heard from. On July 17, Councilman Isaac heard that the WCB met with the Colorado River District, ARCO, Basalt Water District, etc. The outcome of this meeting was that they would publish in the Federal Register their intent to sell 10,000 acre feet of water. Councilman Isaac said the previous understanding was that the~'top limit was 7200 acre feet; 6,000 acre feet to ARCO and 1200 to the residential development. Councilman Isaac talked to McDonald's assistant and told him the Water Conservation Board had turned thir backs and that we would look at litigation. The Council and Commissioners have just received a letter which reiterates the June understanding. At this point, the WCB is holding up the sale until they meet with Pitkin Count~ again; the meeting is set for August 14. John Musick submitted materials with descriptions of studies the WCB p~oposes to conduct. There is pressLreon the WCB from the energy departments; they are asking Pitkin County to step aside and let them sell to ARCO before they do the studies. Musick said he could not recommend signing the memorandum of understanding the way it stands now. Musick said there may be a basis that some water could be sold out of the reservoir without doing any damage to Pitkin County's concerns with some fish bypasses being made that the water could be credited against; however, no one knows the quantity. Musick presented drafts to show what kind of remedy or relieve Pitkin County could ask for and are prepared to focus the investigation to what kind of questions should be asked. The first is over the violation of the National Environmental Policy Act, the second is over public participation in which Pitkin County would now included. Finally is a violation and interpretation of the operating principle. The attorney for ARCO has said if Pitkin County brings a lawsuit, he will moot the lawsuit by going through the processes required. Musick said he felt there is a good chance of staying in court on the interpretation of operating principles. However, Musick recommended holding off on litigation until the August 14th meeting and more negotiations. Another alternative is to purchase the reservoir itself for $9,200,000 or $400,000 for fifty years. Musick said if Aspen/Pitkin County owned the reservoir, they would be in control and could sell any of all of the water. However, if they did not sell any water, there would be no revenue to retire the debt. However, after the studies are done there wiii be an sufficient amount of water to seii and pay off the purchase price. $400,000 in revenue could be generated a year and still leave 8600 acre feet in the reservoir. City Manager Chapman pointed out the state was going to give a letter of commitment in exchange that Pitkin County/Aspen would not raise any oppOsition to selling to ARCO 6,000 acre feet. The state said if Aspen/Pitkin County would go along with that, the state would do studies befor selling any further water. Now, the state is selling 10,000 acre feet without bothering to talk to Pitkin County. ~ Chapman said this is a significant departure from where Pitkin County thought they were. Commissioner Child suggested the City and County prepare for the meeting with the Water Conservation Board by drafting their own memoranddm of understanding with the conditions Pitkin County/Aspen wants. If they cannot get signatures, then consider litigation or purchase. Councilman Behrendt said he favored purchase as inflation is on the side of the buyer. Councilwoman Michael moved to give City Manager Chapman the indication to communicate wit Bill McDonald that Pitkin County/Aspen must be dealt with in good faith and given any new news that exists; to maintain a hard line on 7200 acre feetl for ARCO water; and to communicate that the City and County consider this the last administrative step and would like their needs met; seconded by Mayor Edel. Commissioner Child asked for an amendment for a date for completion of the study. Councilwoman Michael amended her motiOn that the study be completed by December 1980; Mayor Edel seconded. All in favor, motion carried. Councilman Isaac requested a meeting before the August 14th meeting with the state to discuss litigation alternatives. Councilman Behrendt moved to request the city and county managers to study and present at the August 25 joint meeting the concept of purchasing the dam; need to know if the dam is safe, what are the liabilities and responsibilities, the projection of income and the financial feasibility; seconded by Mayor Edel. City Manager Chapman said the question that cannot be answered is marketability and are there customers for the water. This will be difficult to determine in a couple of months. Bil Dunaway asked if they purchased the dam, do they get the water rights. Musick said the water rights are owned separately; however, there are protections in owning the dam. All in favor, motion carried. 3. Bus Maintenance Facility. County Manager Stewart said they are ready to submit a Bus Maintenance conceptual application to UMTA, which will be done in two steps; design and construction. Facility This is a $6,300,000 grant for a 90,000 square foot facility built for 75 buses. There ~ are about 50 right not, Of the 90,000 square feet, 65,000 will be bus storage. There will bus maintenance area, parts room, offices, drivers' room, bus washer, etc. The grant includes land, administrative costs and 10 per cent contingency. UMTA will pay 80 per cent of this and the local share is $1,200,000. The site that was selected because '~? the county owns it and the access is good; it is half way between Owl Creek and the airpoz ~. It is 10 acres. The only problem is proposing to construct the largest public facility in the valley and the impact will be substantial. Stewart said he would like to hide the facility as much as possible. Stewart told the Boards he is turning the grant into UMTA with the option to change the site. Stewart said that UMTA wants only to fund one entity and the best solution would be one operator. There is an agreement to jointly maintain buses in the facility for the lift of the facility. Stewart said once the facility is completed, it will take one person to meet the reporting requirements for UMTA. UMTA will pay for construction manager of the facility. The county has adopted an accessibility program for handicapped; they would like the city to adopt one. This means that one half of the peak hour buses have to be accessible to handicapped people. There are some civil rights, EEO and minority business programs that have to be met. County finance director, Tom Oken, said the local share is $1,256,000; the city will pick up 71 per cent and the county 29 per cent. Based on the size of the respective fleets, the city's share is $892,000 and the county's $364,000. The county will fund this either with a general obligatiOn bond or out of the annual operating budgets. The city Will get some cOntributed from the Ski Corp and the rest from seventh penny or bonding. There is also a method of repayment of the initial capital investment should the size of either fleet change. Stewart pointed out Snowmass has not been included because they are workinc on the transportation plan. When they determine their needs, they will come back to the County. Councilwoman Michael moved to approve the joint funding agreement for the construction of a joint bus maintenance facility; seconded by Commissioner Child. Councilman Collins asked if there would be additional operating costs for this larger facility. Oken said irrespective of how many buses would be maintained, they are anti- capting operating costs of $225,000. This will be offset for the city because of the current operating costs at Buttermilk. Mayor Edel asked if the city had ever investigate~ doing their own facility. Chapman said this was done as part of the grant analysis. UMTA only wants to deal with one entity, not the city or county. Chapman said it would ~ cost a lot more for the city to build their own facility. Ail in favor, motion carried. Councilman Behrendt moved to authorize the Mayor and Chairman to sign the grant applica- tion for UMTA for $5,200,000 and sign the intention to jointly operate the facility for its life; seconded by Councilman Isaac. All in favor, motion carried Regular Meeting Aspen City Council July 28, 1980 Law Enforceme~ 4. Law Enforcement Pacility. Commissioner Edwards reminded Council the county had asked Facility for a rezoning. The process is ambiguous as the property is zoned SPA. The P & Z reverse itself and voted against the facility. Edwards said there were not a lot of valid reasons for their decision. Edwards said initially the County had proposed a land trade of lands between the city and county behind the courthouse, so the law enforcement facility could be conStructed behind the courthouse. A.~.task force studied the various sites and recommended the most easterly site. The county then requested rezoning and had architect drawings done. Edwards said there are problems with the performing arts center and the arts groups wanting the space. Edwards presented a model of the area with scale buildings of the largest possible law enforcement facility and a minimum size performing arts center. Edwards stated his preference would be to locate the law enforcement facility on the east side of the propert right behind the courthouse. Edwards requested Council discuss this with the task force and with the planning office which site is preferable. The county is willing to trade properties. Joe Wells, planning office, told Council this had been discussed before; however, the land for trade was not the Oden property but along the riverfront. Council- man Behrendt said this should be given to the Rio Grande Task Force as they are planning the entire site. Councilwoman Michael agreed to give the RGTF two Weeks to look at this particular site and come back with a recommendation. Mayor Edel said he felt the facilit was too big. Councilman Behrendt asked if the County had looked into centralized jails. Councilwoman Michael moved that the Council ask the Rio Grande Task Force to discuss whic site and recommend to Council at their August 11 meeting; seconded by Councilman Collins All in favor, motion carried. Council polled on their preference; Councilman Collins favors site behind courthouse or either; Councilwoman Michael behind the courthouse; Councilman Parry behind the Courthouse or either; Councilman Behrendt no preference at this time; Mayor Edel behind the courthouse; Councilman Isaac stated his first preference was outside the center of town, of these two, behind the courthouse. COUNCIL MEETING MINUTES COuncilman Isaac moved to approve the minutes of June 23, July 7, 9, 1980; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. Sue , captain of the City softball team, presented the first place trophy won in a tournament. Sue dedicated the trophy to the memory of Jeff Kest, one of the coaches and thanked the city of Aspen and Main Street Music for sponsoring the team and their support during the season. ~ea~.ows Road 2. Bill Harris, Meadows road, told Council there is a problem with the road as people go way too fast. Harris developed a petition to have and to pay for a speed dip in front of the tennis courts. The signatures are from immediate residents. City engineer McArthur told Council this is a dead end street which goes into the Meadows and stops. Councilwoman Michael asked how much this costs, and why should a private citizen pay for it. Harris said $500 to $1000. McArthur pointed out it is the policy of the city not to install speed bumps~ it is hard on the street equipment. Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Michael. All in favor, motion carried. McArthur said a dip costs more than a bump but there is less chance of damage to equipmen~ and people. The preference of the engineering and street departments is a dip. The engineering department will put up signs. Councilman Behrendt moved to accept Harris's offer to pay for a dip and to authorize the city engineer t° put it in; seconded by Councilman Parry. All in favor, motion carried, ii _ Castle Creek 3 Tom Iacono, representing the Castle Creek Homeowners, reminded Council they have just i! Water Agree- entered into a~ water agreement; however, they have had no luck getting the water they wer~ ment promised by the city. Iacono stated he has called the city and explained the problem several times. Iacono said someone from the parks department is actively blocking the ditch with rocks and boards. Their pumps get burned out. City Manager Chapman told Council he has discussed this with the parks department, who have explicit instructions regarding this ditch. Chapman pointed out it is just a supposition these are parks depart ment employees; anyone could be tampering with the ditches. City E~gineer McArthur said the solution is to build collector boxes with a top where people cannot get to the ditch. Iacono said the culvert to their side is blocked and he asked if the city could helP clean it out. Jim Holland, parks director, said at no time during the summer has the city every shut the ditch down totally; it has been adjusted with rocks. Councilman Behrendt moved to have the city manager, engineering and parks department devise a permanent mechanical solution to this problem and make a recommendation back to Council; seconded by Councilman Parry. All in favor, motion carried. 4. Ellen Anderson said the audience could not hear a thing. Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Michael. All in favor, motion carrie~ Councilman Behrendt moved to ask the city manager to deal with the acoustics problem in the Council Chambers; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Van Ness stated the only answer to the problem is an air conditioner. COUNCILMEMBER COMMENTS 1. Councilman Isaac said he was disturbed by the forest fire and how it got out of hand so quickly. Councilman Isaac requested the city manager talk to the forest service to see if there is a way the locals can get involved quickly. 2. Councilman Isaac told Council he had met at COG with the Moffatt Tunnel commission. Moffat Tunnel They have the authority to prevent a monopoly of trains going through the Moffatt tunnel. Councilman Isaac said people would like another passenger train going through the tunnel to bring skiers to the western slope. However, it looks like Rio Grande has a lock on it. Mayor Edel said CAST is meeting this week and discussing increased cooperation to facilita~ getting more people to the western slope. 3. Councilman Isaac reported numerous complaints about the conditionsof the toilets in Mall Restrooms the mall. Jim Holland said he had someone clean them every d~y. Councilman Behrendt said he would like to see that stepped up. City Manager Chapman said it cannot be done with the current staff. Councilman Behrendt asked Chapman to come back with figures for higher level of service; what it would cost the city. 4. Councilman Isaac said he had scheduling problems making the Wheeler commission and would like Council to appoint Councilwoman Michael. Councilwoman Michael said she could not attend both WOH and RGTF. Council said they would try and work this out. 5. Councilman Behrendt asked where the drinking fountains were for Paepcke and Wagner parks. Jim Holland said the parts are on order for Paepcke fountain. They put $5,000 in to the fountain at Wagner but had it ~emoved because it had received so much vandalism. Holland said he would move the fountain away from the toilets; he does have money in the budget for properly engineered fountains. 6. Councilman Behrendt said he would like the stop sign coming out of Puppy Smith street looked at and perhaps rearranged. 7. Councilman Behrendt reported he had talked with the Commissioners about the redistrict- ing procedures; the process seemed very reasonable. Councilman Behrendt said he was satisfied they went through a reasonable attempt to redistrict given the figures they had. Councilman Behrendt said the Commissioners would be willing to talk to anyone on Council ,who is not satisfied. 8. Councilman Behrendt said the Board of Appeals and Examiners requested to eliminate the restriction to people who live in the city limits and would like a Charter change. There is not a good pool of people living within the city who are willing to serve. Councilman ~. Behrendt asked the city attorney to write up proposals to change the Charter. Also, Councilman Behrendt would like interviews sCheduled with Drake Jacobs and C. M. Clark. 9. Councilman Behrendt commended the building inspector for his cooperation with the Boar( <_3 10. Councilman Behrendt pointed out the city had taken the flower vendor to Court. He has counted 7 businesses with large items outside their businesses. Councilman Behrendt requested the TCO,s ask businesses to remove these. City Manager Chapman said this is not par~ of their responsibility nor is it budgeted. Councilman Isaac said he would bring this up at the next Chamber meeting. 11. Councilman Parry said Mill street was made wider than the original plans so there Mill Street could be parking and asked where the parking is. City Engineer McArthur said the signs Parking have been ordered. 12. Councilman Parry stated the town needs more parking in the summer and suggested allow- Summer Park±ng ing parking on Mill and Galena south of the mall. There could be 20 to 30 angle parking spaces. Mayor Edel said there used to be parking on the south end of Wagner park and it could be reinstated. 13. Councilwoman Michael asked about the roller disco put on by the Youth Council and said she would like to discuss the noise level on this. City Manager Chapman said he did not know of one planned but had told Margaret Albouy they would have to comply with the noise regulations. Councilman Behrendt said he would like a study session regarding the uses of the mall to come up with a clear cut policy for the city manager to implement. 14. Mayor Edel said the parks department deserves a commendation on Wagner Park; it looks very nice. CONCEPTUAL REVIEW - Law Enforcement Facility Conceptual Review Law Enforcement Councilwoman Michael moved to table to August 11, 1980; seconded by Councilman Parry. Facility All in favor, motion carried. CONTINENTAL INN MEETING ROOM Mayor Edel said this staff has not had time to give Council a recommendation because of thc lack of information on this item. This will be a presentation from the applicant. Dick Wilhelm told Council he had two conference directors present; one from Gebhart Symposium and the Institute for Court Management. Both of these handle many institutes throughout the year. Wilhelm said because of the meeting room situation, both have indicated they will have to relocate to towns with better facilities. Mary Britton, Court Management, ~ said they love to come to Aspen but there are no meetings rooms. They are moving their conferences to Snowmass. Wilhelm said this is an urgent request as conferences are moving out of Aspen. Claude Parker~ Gebhart Institute, said they have been coming here since 1978, each seminar has about 150 at~ndees. People will come to Aspen; however, there have to be facilities to handle this. They put on a quality program and need to have quality service. Parker said unless there are ad~uate meeting rooms, they will look some place else for their conferences. There is no limit to how many conferences there can be here if there is adequate space. Councilman Behrendt said he would like to get a statement from the Chamber of Commerce. Councilman Isaac suggested using movie theatres. Wilhelm said people prefer to meet in the lodges or close as possible. Wilhelm told Council he would make the full presentatioI in two weeks. ~ ORDINANCE #80 ORDINANCE #80, SERIES OF 1979 - W.H.O.P. Annexation and Rezoning W.H.O.P. Annexat±on and Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Rez0ning public hearing. Sunny Vann, planning office, told Council this property is located south of highway 82 and east of Opal Marolt property. The property is zoned R-15 in the county. The applicant has requested R-15 in the city. In the county there is a FAR limit to 1100 square feet; the applicant has indicated~they wanted to build a structure of 3,000 square feet. Given the greater density in the city, the planning office recommended zoning of R-15A, which would require the imposition of deed restrictions in the event greater density is sought; P & Z concurred. Vann went over the history of the application. At the public hearing in February, questi(ns were raised regarding the size of the structure and water rights; six month minimum lease and requirement to join an improvement district. This went back to the attorneys to draft an agreement. The application then had to wait until the Opal Marolt annexation was completed for the contiguity requirements. There is an agreement in the packet which addresses the concerns of the city. Vann recommended attaching a maximum size of the building to 2400 square feet in the agreement. The city attorney has recommended deletin¢ the acquisition of the water rights from the annexation agreement. The water is~a dividei interest and has not been aj~dicated; it is only half interest in a well. The planning office would also recommend the six month minimum lease restriction and to join an improw- ment district. Because of the proximity to Castle Creek, this will have to go through Stream margin review. Mayor Edel said he did not understand why it was recommended not to take the water. Buzz Pracko, representing the applicants, said it seemed to be too much trouble. City Manager Chapman suggested adding to the annexation agreement if at any future time, the city would like interest in the well, the applicant would agree to provide it. Councilman Behrendt moved if the annexation is approved, it is subject to R-15A zoning, a maximum limitation on size of structure of 2400 square feet; six month minimum lease restriction on the structure; enter into an improvement district if one is formed; should the city desire an interest in the well in the future, the applicant would agree to it; if the city should provide water the applicant will pay for the cost of provision; seconded by Councilman Parry. Mayor Edel requested these conditions will run with the land, not the applicant. Councilman Behrendt amended his motion to include this; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to read Ordinance ~80, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #80 (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE W.H.O.P. ENTERPRISES PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~80, Series of 1979, on second reading with th~ stipulations in the annexation agreement; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Collins, aye; Isaac, aye; Michael, aye; Parry, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. WAIVER OF PARK WAIVER OF PARK DEDICATION FEE - Christ Episcopal Church DEDICATION FEE - Christ Episcopal Robert Babb, minister of the Church, requested a waiver from the park dedication fee for Church the resident priest. This is a mission Church. There are approximately 50 families in the Church with an annual budget of approximately $40,000. Father Babb said the Church supports social services, girl scouts, hospital, mountain rescue, fire department, librar~ The maintain a $500 fund at Pitkin County for relieve for people who need help. Dave Farney said the congregation is paying for and building the house. Farney said they woUld accept a stipulation on this if the house for any reason is sold, the park dedica- tion fee would be paid at that time. Chapman told Council they waived the park dedica- tion fee for the water plant project; on 925 Durant it is post poned until the units are not deed restricted; on the City of Aspen employee housing units, Council did not waive the fee. Councilman Behrendt said the COuncil is in danger of not having a policy. Mayor Edel asked what kind of money this would be. Farney said $9,000, which puts an extra burden on this employee housing unit. Councilman Isaac asked if they would be willing to deed restrict it. Farney answered it will never be short termed; Under the terms of the loan, if the Episcopal Church should fold, the house will be sold. As long as the Church is here, the unit will be deed restricted. Councilman Behrendt moved to deny the request; seconded by Councilman Collins. Councilman Collins pointed out this is a request for a contribution to a Church and should be handled during budget time with the other contributions. Mayor Edel agreed and said the Council should also be making contributions to all Churches. Councilman Parry said this Church is providing services to the community, and the city is trying to help employee housing. Councilmembers Behrendt, Collins and Mayor Edel in favor; Councilmembers Parry, Michael, Isaac and Van Ness opposed. Motion NOT carried. Councilman Van Ness moved to defer payment of the park dedication fee on this particular property for so long as it is used for employee housing for Church employees and provided that it is deed restricted to that use for so long as the Episcopal Church exists in Aspen; seconded by Councilman Parry. Councilman van Ness amended his motion that the park dedication fee be based on value at the time the property is sold and must be paid before title can be transferred to the next person; seconded by Councilman Parry. Councilmembers Michael, Van Ness, Parry, Isaac, Mayor Edel in favor; Councilmembers Collins and Behrendt opposed. Motion carried. ORDINANCES 29, & 29-A, SERIES OF 1980 - Employee Housing, McArthur/McClung ORDINANCES #29 & 29-A - Employee Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the HousinE~ MeArthur/ public hearing. McClunE Councilman Parry moved to read Ordinances #29 and #29-A, Series Of 1980; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE %29 (Series of 1980) AN ORDINANCE RATIFYING A PURCHASE, SALE AND OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND DANIEL A, McARTHUR AND CHRISTINE McARTHUR PROVIDNG FOR THE SALE OF UNIT 1 OF McARTHUR CONDOMINIUM BY THE CITY OF ASPEN TO DANIEL A. McARTHUR AND CHRISTINE McARTHUR ORDINANCE ~29-A (Series of 1980) AN ORDINANCE RATIFYING A PRUCHASE, SALE AND OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND ROBERT A. McCLUNG AND DIANE?M. McCLUNG PROVIDING FOR THE SALE OF UNIT 2 OF McARTHUR CONDOMINIUM BY THE CITY OF ASPEN TO ROBERT A. McCLUNG AND DIANE M. McCLUNG was read by the city clerk Jolene Vrchota, planning office, rem~nded Council they had requested two things. The resale! agreement is in the packet and McArthur presented drawings of the proposed units. Councilman Parry moved to adopt Ordinance %29 and 29-A, Series of 1980, on second reading; seconded by Councilman Behrendt. Councilmembers Isaac, aye; Collins, aye; Parry, aye; Michael, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~42, SERIEs OF 1980 - Main Street Moratorium ORDINANCE #42 Main Street Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Moratorium public hearing. Councilwoman Michael moved to read Ordinance ~42, Series of 1980; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE %42 (Series of 1980) AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ERECTION, REMOVAL, CONSTRUCTION, OR DEMOLITION OR STRUCTURES LOCATED WITHIN THE ~CAIN STREET HISTORIC DISTRICT was read by the city clerk Councilman Behrendt moved to adopt Ordinance %42, Series of 1980, on second reading; seconded by Councilman Isaac. Councilman Isaac said he had a problem with the section regarding remodeling as long as it does not exceed 50 per cent. Councilman Isaac said that could be a new roof. Sunny Vann, planning office, said they are not trying to preclude minor remodelling along Main street; just trying to get a hold o~ complete demolition. Councilman Isaac said he would go along with 20 per cent of the value. Councilman Isaac amended the ordinance in Section 2 to "not exceeding 20 per cent of the current replacement cost"; seconded by Councilman Beh~endt. All in favor, with the exception of Councilwoman Michael. Motion carried. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Behrendt, aye; Michael, aye; Parry, nay; Collins, aye; Mayor Edel, aye. Motion carried. BUDGET REQUEST - Grassroots BUDGET REQUEST - Grassroots Ron Erickson, Wes Pouliot, and Nick DeWolf were present to request money for a new prograK Erickson told Council this is in keeping with the re-organization of Grassroots. Erickson said Grassroots is the second oldest community television station in the U.S. and they would like to keep it going. What they have come up with for community service is an electronic community bulletin board. Erickson presented drawings of how this would work and who would have the terminals; Snowmass, Aspen, Ski Corp in winter, M.A.A. in summer, to put information directly onto the screen. The system will cost $33,000 the first year and Grassroots is asking the city for $4,000. Nick DeWolf explained what the screen would ~be like and the many uses for this; traffic reports, cancellations, pollution reports. This can run 24 hours a day and can be unattended; it will have slides on it. Grassroots has been shopping around for new ideas. DeWolf said this could keep going even if Grassroots went under. Wes Pouliot told Council Grassroots is trying to realign so that it is a community service and a function of the community. Councilwoman Michael asks what the budget is after the initial costs. Pouliot said this would be part of the on- going operating budget of Grassroots. Councilwoman Michael asked about the 24-hour answeI ing serviCe. Pouliot said it would be evaluated after the first year; they want to try out the ability to have emergency outlets. Councilman Isaac pointed out this is the type of request that should come in at budget time. St~cy Standley told Council when Grassroots came in for funding, they were told to come back when they had a concrete program. Mayor Edet said he felt this is a terrifi~ and exciting idea. The city is starting to stimulate a positive cash flow. Councilman Parry asked if the funds were available. Ms. Butterbaugh said the revenues are coming in below projected and the appropriation ordinances tonight will take care of the surplus funds. Councilman Behrendt said he felt the city should find the funds for this; Grass- roots will not exist unless something like this program starts happening. Councilman Behrendt moved to find funds to fund Channel 12 for the city's portion of $4,000; seconded by Councilman Collins. City Engineer McArthur supported the concept, it will greatly help in public works with streeet closures, cleaning streets, etc. Mayor Edel said if Council does not watch it, the city finances will not be in good shape. The Council does not know what will happen this summer; this is being somewhat irresponsible. Councilman Isaac said he would like to see some restrictions on how the money will be given away. Councilman Behrendt amended his motion that the $4,000 be paid out starting September 1 $1,000 a moth for each month; seconded by Councilman Collins. Councilmembers Collins, Behrendt, Van Ness, Parry in favor, Councilmembers Isaac, Michael, Mayor Edel opposed. Motion NOT carried. Offer to Buy OFFER TO BUY STREETCARS Streetcars City Manager'chapman told Council he has had a number of inquiries concerning interest to sell the street cars, which the city is in the process of becoming owners of. The Council's acceptance of the street cars was with the condition it would be a no cost item to the city. Chapman said he would like a policy from the city of either holding on to the cars or marketing them. Dave Farney, Little Annie's, told. Council he would like to use them at Little Annie but is not trying to force them on the city. Dave Farney said he did not know whether the transportation study wo~ld show buses or trolleys to be better. Mayor Edel asked if there was trouble keeping them at the airport. Chapman said the county had not decided whether to charge or not. Councilman Van Ness said one of the major considerations in getting the trolley cars was~that the city was free to sell them. Councilman Van Ness said he would be interested to see what kind of money the cars would bring. co Councilman Behrendt moved as long as no out of pocket major costs occur, the city n~nu~ to maintain and store the cars until they get transportation alternative study from Little Annie and make a decision at that point; seconded by Councilman Parry. Councilmembers Behrendt, Isaac and Parry in favor, Councilmembers Collins, Michael, Van Ness and Mayor Edel opposed. Motion NOT carried. Councilman Van Ness moved to direct the city manager to investigate what kind o~ Offers are available for these trolley cars; seconded by Councilwoman Michael. All in favor, with the exception of Councilmembers Parry and Behrendt. Motion carried. West End Ditche WEST END DITCHES Fritz Bruggemeier, Engineering department, told Council all the ditches are running. These ditches are a big headache; the ones on Third and Fourth streets do not accomplish what they were designed for - watering trees. Culverts should be replaced on Hopkins, Sixth and Seventh; they do not allow sufficient flow. The junction box at Seventh street is getting enough water to supply the west end. Bruggemeier explained the headgate does not control the over surging. The system needs a control system at all junction points. The ditches and culverts need to be cleaned out; 200 feet of culvert needs to be added; larger culverts are needed on Fourth and Third for maintenance. The maintenance problem with these ditches is extensive; to get the ditches running properly, it will take 4 people two months to clean out every culvert and repair them, if needed. Councilman Isaac suggested taking this to the west end improvement association to see if they are interested and forming an improvement district. The summer is a good time to take this to the homeowners, this is when they can see the impact. Councilman Behrendt said the people who benefit most directly should pay. Councilman Behrendt asked what happened to the ditch system at the east end. Ms. Butterbaugh said this is an appropriate expenditur~ in the sixth penny, which fund is not so tight. Mayor Edel asked for figures of upgrading the ditch system the city has now so that it functions well. Bruggemeier said to repair what we have now will cost approximately $4500 including cleaning the ditches, culverts and replacing a culvert on Hopkins street. Mayor Edel said this is a budget item; at budget time they should bring both the cost of repair and the cost of expanding the system. Councilman Isaac asked that Bruggemeier go to the west end association to see if they are willing to pay to maintain the system. Senior Citizen SENIOR CITIZEN WATER DISCOUNT Water Discount Mayor Edel said he felt the new water rate increase is unfair to people over 65. There a special discount, but there is a $7,000 limitation on the income. The list of eligible people is very small, and Mayor Edel would like to see the income limitation increased. Ms. Butterbaugh said the only people this affects are people on a flat rate. The water management plan is asking for a fully metered system. This will put the city into a new era. Councilman Van Ness said he felt this should be based on hardship, not simply being over 65. Councilman Behrendt moved to put maximum income at $15,000 limitation for people over 60; seconded by Councilman Parry. Councilmembers Collins, Parry, Behrendt, Mayor Edel in favor; Councilmembers Van Ness, Isaac, and Michael opposed. Motion carried. 2932 Regular Meeting Aspen City Council July 28, 1980 ORDINANCE ~22, SERIES OF 1980 - Definition of Bedrooms Unlimited ORDINANCE #22 ~ Definition of Councilman Isaac moved to read Ordinance ~22, Series of 1980; seconded by Councilman Bedrooms Behrendt. All in favor, motion carried. Unlimited ORDINANCE ~22 (Series of 1980) AN ORDINANCE AMENDING SECTION 24-3.4 OF THE APSEN MUNICIPAL CODE BY REDEFINING BEDROOMS UNLIMITED was read by the city clerk Karen Smith, planning director, told Council this removes the necessity of reviewing developments with units of 2 bathrooms or more. Councilman Isaac moved to adopt Ordinance ~22, Series of 1980, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Michael, aye; Mayor Edel, aye. Motion carried. CONSENT AGENDA CONSENT AGENDA Ms. Butterbaugh requested Ordinance ~30, Ski Corp bus amendment be tabled. Councilman Behrendt moved to table Ordinance ~30, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. Mayor Edel opened the public hearing on all items on the consent agenda; these are liquor license renewal, Magnifico's; Ordinance ~31, Series of 1980, Vehicles leases; Ordinances 32 through 41, Appropriations and Ordinance ~43, Series of 1980, Electric Rates There were no comments. Mayor Edel closed the public hearing. Councilman Behrendt moved that all items on the consent agenda of July 28, 1980, of the City of Aspen Council be approved; seconded by Councilman Van Ness. Roll call vote; Councilmembers Behrendt, aye; Collins, aye; Isaac, aye; Michael, aye; Parry, aye; Van Ness aye; Mayor Edel, aye. Motion carried. Councilman'Collins moved to adjourn at 9:00 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn S~ Koch, City Clerk