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HomeMy WebLinkAboutminutes.council.19801222~egular Meeting Aspen City Council December 22, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Kinsley called the meeting to order with Commissioner Child, Councilmembers Isaac, ~C~llins and Mayor Pro Tem Behrendt present. 1. BLM Land Discussion. Brian Stafford told the Boards the BLM had asked him to present all the BLM parcels in Pitkin County, which had been seen in June, plus five more parcels the BLM Owns. Stafford requested the Boards comments on the five new parcels and whether Pitkin County should take over certain BLM-owned lands in the county. One parcelljuSt west of the Koch lumber property, part of the Sibley claim has public interest and is adjacent to the City. Stafford suggested it be managed by the city. This is located at 901 andi~911 E. Durant on a 9,000 square foot lot. There is no rental history as the duplex is just completed. The engineering department recommended approval with conditions. The city attorney has recommended if this is approved it should be subject to the six month rental restrictions. The planning offiCe and P & Z have recom- mended approval with compliance with the engineering conditions and the six month minimum rental restrictions. Councilwoman Michael moved to approve the Schwartzbach request for subdivision exemption for the purposes of condominiumization subject to the following conditions; (1) the applicant complying with the conditions described in the engineering department's memo- randum dated June 4, 1980; (2) the applicant complying with the six-month minimum lease requirements of Section 20-22; seconded by Councilman Parry. All in fauor; motion carried SUBDIVISION EXEMPTION - Landow Sunny Vann told Council this is essentially the same situation. Councilman Isaac moved to approve the Landow request for subdivision exemption for the purpose of condominiumization subject to the following conditions; (1) the applicant com- plying with the conditions described in the eingeering department's memorandum dated June 4, 1980; (2) the applicant complying with the six-month minimum lease restriction of Section 20-22; seconded by Councilman Parry. All in favor, motion carried. POOLING SELF-INSURANCE Ron Mitchell, finance director, told Council he was asking for a letter indicating the City's interest in continuing to study self-insurance and going into the implementation phase of this study. Mitchell recommended the $400 it will cost the city to finance phase 2 of the study. The estimates are savings to the city of $7,000 up to $16,000 to $20,000. Councilman Parry moved to authorize the city manager to prepare a letter of interest to cOntinue the development of the self-insurance pool including the City of Aspen; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE 962, SERIES OF 1980 - General Fund Appropriations Ron Mitchell told Council he has reviewed the 1980 budget and this ordinance will implemen the changes that occurred during the year and take care of any supplemental appropriations Councilman Parry moved to read.Ordinance #62, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #62 (Series of 1980) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $33,000 FROM FUND BALANCE, RECOGNIZING ADDITIONAL UNANTICIPATED ICE GARDEN REVENUE OF $49,000 APPROPRIATING ICE GARDEN FUND EXPENDITURES OF $42,000, RECOGNIZING REVENUE FOR CASTLE RIDGE FUND OF $4,008,909, APPROPRIATING CASTLE RIDGE FUND EXPENDITURES OF $3,926,939, APPROPRIATING POLICE PENSION FUND EXPENDITURES IN THE AMOUNT OF $28,000 FROM FUND BALANCE, APPROPRIATING RETIREMENT FUND EXPENDITURES IN THE ~OUNT OF $15,000 FROM FUND BALANCE Councilman Parry moved to adopt Ordinance #62, Series of 1980, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Isaac, aye; Parry, aye; Mayor Pro Tem Behrendt, aye; Motion carried. CONSENT AGENDA Mayor Pro Tem Behrendt opened the public hearing on the consent agenda items; Liquor License Renewals for Staats, Chisholm's Saloon, Aspen Meadows, The Shaft, and The Golden Barrel; second reading Ordinance 960, Series of 1980, Water Rates for Snowmaking. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Councilwoman Michael moved to approve the items on the consent agenda; seconded by council man Parry. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Michael, aye; Mayor Pro Tem Behrendt, aye. Motion carried. Councilwoman Michael moved to adjourn at 8:30 p.m; seconded by Councilman Isaac. All in favor, motion carried. Kathry~S. K6ch, City C er Regular Meeting Aspen City Council December 22, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS to order with Commissioner Child, Councilmembers Commissioner Kinsley called the meeting Isaac, ~C~llins and Mayor Pro Tem Behrendt present. 1. BLM Land Discussion. Brian Stafford told the Boards the BLM had asked him to present all the BLM parcels in'~"Pitkin County, which had been seen in June, plus five more parcels the BLM owns. Stafford requested the Boards comments on the five new parcels and whether Pitkin County should take over certain BLM-owned lands in the county. One pa~celljust west of the Koch lumber property, part of the Sibley claim has public interest and is adjacent to the City. Stafford suggested it be managed by the city. Blann said the purchase and sale of water deals with quantities of water, a maximum of 1500 gallons per minute. That is all the pump capacity the Ski Corp has on the first phase. This has been gone through with the city s water department and is fine in terms of supply of the water. This is an interruptable source; there is no danger of having interface with fire flows. Phase one goes to the top of Little Nell and lA; phase 2 goes to the top Of 8, down FIS and Spar Gulch, has been generally engineered. When the Ski Corp does phase 2 and increases pump capacity, they will participate 50 per cent in the Mill street inner connect. Blann explained in Ordinance ~60, there was a provision for a PIF amounting to $75,000. The Ski Corp has negotiated a waiver of that, for which they gave the city a number of things. One is easements for the existing $1,000,000 water tank, reconveyed through this process; a Bagley water ditch right of 1.5 cfs coming off Aspen mountain and empyting into the Glory Hole; and a stipulation whereby September 1, the Ski Corp gives the city a right of first refusal in the event the Ski Corp ever sells their water rights to the Stapleton brothers ditch. In the lease says on an as available basis the Ski Corp will lease to the City the Stapleton brothers ditch rights essentially 4 cfs when they are not making snow. Ms. Butterbaugh said Musick is comfortable with the lease with two minor problems which can be worked out. The staff is comfortable with the contract. Councilwoman Michael moved to read Ordinance #64, Series of 1980; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #64 (Series of 1980) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A CONTRACT BETWEEN THE CITY OF ASPEN AND ASPEN SKIING CORPORATION was read by the city clerk Councilman Isaac moved to adopt Ordinance #64, Series of 1980, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Michael, aye; Isaac, aye; Mayor Pro Tem Behrendt, aye. Motion carried. Mayor Pro Tem Behrendt read a letter from the City for the Board meeting of the Skiing Corporation at the end of the month. Councilman Isaac moved to authorize the Mayor Pro Tem to sign the letter to the Ski Corp; seconded by Councilwoman Michael. All in favor, motion carried. Jerry Blann told Council that cash flow will be a big concern because of less snow this year. Blann questioned the Council on their general feeling regarding development revenue bonds. Mayor Pro Tem Behrendt said this was successful with the Obermeyer bonds. Ms. Butterbaugh said the city has a review process in which the Ski Corp can bring forward their proposal; Council can examine the application to see if they feel comfort- able signing the bonds. Council indicated they were in favor of looking into this. ASPEN VALLEY HOSPITAL/AMBULANCE BUDGET REQUEST Glenn Scott and Rick Walker, director of the ambulance service, appeared before Council to' ask for reconsideration of allocation for the ambulance service. The city approved $30,000, which is 5 per cent less than they authorized last year, The AVH went back and cut out $18,000 from their request and also cut out upgrading the service to paramedic level. Scott proposed the city increase their donation $7,000 so that the city and county will be contributing a like amount as is in the contract. Scott told Council they have begun work on seeking alternative funding methods. Councilman Isaac asked why the salaries had increased 20 per cent. Scott explained last year a paid second person was included on the ambulance; this budget reflects the addition of that person on a 12-month basis, It also shows a 12-month back up ambulance started last year; this is a crew on-call in case there is a simultaneous call. Councilman Isaac said in 1980 the budget shows contributions of $6,000; in 1981 there is none. Scott answered the AVH does not expect contributions; they are windfall items that come the way of the AVH. Councilman Collins said he would like to see the city stay at the same pro- portion as the county. Councilwoman Michael asked if the hospital contributes to the ambulance budget. Scott said the hospital matches the salary amount; the agreement is the hospital will pay half the salary amount because when they are not on an ambulance run, the hospital uses the staff. Rick Walker explained besides time spent on ambulance runs, they keep up the ambulances, do inventory once a day, training time. Councilwoman Michael agreed that the hospital does not have to maintain this service; it is the responsibility of the city and the county. Given this, the city should fund the $6,990 this year; this hospital should work on different funding arrangements. Councilwoman Michael moved to find the extra $6,990 for the ambulance budget for 1981 with the proviso the city work with the hospital to find some other effective system of funding of this program; seconded by Councilman Collins~ Mayor Pro Tem Behrendt pointed out the city has no direct way to monitor this service nor to supervise and evaluate it. Directly the charge for ambulance service is to the county not the city. Councilman Isaac said he felt this is a form of double taxation. The hospital district does not deal with the whole county and every year it gets bigger and bigger. Ms. Butterbaugh said the staff will have to prepare an appropriation ordinance for this. Ms. Butterbaugh asked in a no~'snow year will the costs go down. Scott answered they will probably go up. Scott told the Council he would be willing to look at lower levels of service. Ms. Butterbaugh said there is budgeted surplus of 80,000 this can be taken out of. All in favor, with the exception of Councilman Isaac. Motion carried. Regular Meeting Aspen City Council December 22, 1980 ISELIN PARK/MOORE PROPERTY IMPROVEMENT GRANT Sheree Sonfield told Council a few years ago the city received $100,000 to purchase 5 acres at Iselin. In cOnneCtion with this, there was a land docation from the Moores of 3 acres adjacent to the 5 acres. The 3 aCres has been valued at $144,000. Ms. Sonfield told Council the Division of Parks and Recreation has told the city if they apply by the end of this year for a like amount for improvements on that property, the city can use the land value as the city's share. This has been discussed by staff and it has been decided that the number one priority is to run a raw water line from the water plant over to Iselin park, to reduce the cost of water. Mayor Pro Tem Behrendt suggested including the schools in the raw water line. Jim Holland, parks director, told Council the schools have indicated if the city gets the raw water line that close, they are interested. Ms. Butterbaugh recommended the Council go along with this and allow staff go along with the grant application to get it mailed before December 31st. Mayor Pro Tem Behrendt aske( what this would do to,the city's cash flow. Ms. Butterbaugh said it depends on when the payments are due; it could be all right, the staff may have to ask Council's approval for a short-term loan from a local bank. Ms. Butterbaugh recommended approving this even though the city may have to borrow money because this will be a benefit to the city. Councilman Collins mOved to approve the filing of a grant application for approximately $144,000 of Division of Parks and Recreation funds for the first states of developing the Moore 8 acres purchased in 1979; seconded by Councilman Isaac. All in favor, motion carried. Councilman Collins moved to approve the Mayor Pro Tem's signature on a letter of support tothe Division of Parks and Recreation; seconded by Councilman Isaac. All in favor, motion carried. ASPEN CLUB PUD AMENDMENT - Reconsideration Councilman Isaac said he would like to bring this back because he does not feel the presentation was complete. The parking changes were not presented in full standard form, this should have been part of the PUD amendment. Sunny Vann, planning director, said Council approved this subject to the submission of a parking layout to the staff's approval. Councilman Isaac said there is an impact on the neighborhood because of the restaurant, and if the parking and expansion are not done at the same time, he would not like to approve it. Councilman Isaac said he would like to see the plans in final form. Councilman Isaac moved to reconsider the Aspen Club PUD amendment; seconded by Councilwomal Michael. All in favor, motion carried. Councilman Isaac moved to table the Aspen Club PUD amendment to the next meeting; seconded by Councilwoman Michael. All in favor, motion carried. ARthUR'S CHINESE RESTAURANT - Lease and Liquor License Councilwoman Michael stated she was abstaining from this issue but staying at the table due to lack of quorum. David :and Nikki Moss, owners and operators of Arthur's introduced themselves. Bob Grueter reminded Council the lease had been drafted quite awhile ago; it has been gone through a number of times. Grueter stated, from a legal standpoint, it is a very adequate lease to the city; he is confident it is a good lease and that it reflects the quest of the city manager. Grueter read to Council from their minutes of March 10, 1980, wherein the Counci had approved the lease subject to review by the administration. Mayor Pro Tem Behrendt asked if June Cantrup was no longer part of this. Andrew Hecht, representing the appli- cants, answered the property is being transferred to Nikki and David Moss. Mayor Pro Tem said originally the lease was to be for 50 years; ~this document indicates it is for 75 years. Hecht said the term has gone from 99 to 50 to 75 years. Mayor Pro Tem Behrendt said he had no problem with this restaurant and the way it is being run, is there anything to keep from turning this into a bar or restaurant. Grueter said the city's remedy is to terminate the lease. Mayor Pro Tem Behrendt asked if there is anything that could be put in the lease to protect that what the city wants is the kind of restaurant that is already established. Grueter said he thinks that is what the state statute was to give the city the right to own property and lease it out, so the city can keep an eye on the operation. On page 12 in Section 9.3 Mayor Pro Tem requested something that would not bind future Councils regarding the lessor cooperating to the extent necessary in the procurement of permits, licenses, etc. Hecht suggested a phrase "without abdicating their prerogative as legislators". Mayor Pro Tem said the public liability and property damage insurance appear adequate for now, however, there is no inflation factor. Grueter said he had reviewed this with the city manager, and if the city feels they are not happy with that coverage, they can require customary coverage in that area. Mayor Pro Tem Behrendt pointed out there is no inflationary clause in this lease. Hecht said the 10 per cent of the gross will increase. Mayor Pro Tem Behrendt questioned the months Arthur's would be closed that the lease is $1,000 per month, there is no inflationa~ clause on that. Ms. Butterbaugh said the rationale for that is that the city is not investing any money so that the city does not haVe an inflationary impact of the invest- ment. Ms. Butterbaugh pointed out this is a revenue producing document so that the city auditors will have to review it for compliance each year. Councilman Isaac asked if there is a clause to renegotiate for the base rent or the percentages. Council requested a clause to have this lease reviewed every five years for the $1000 per month. Councilman Isaac moved to read Ordinance ~65, Series of 1980, approving the net ground lease between the City of Aspen and Arthur's Chinese Restaurant; with the amendments discussed tonight; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #65 ORDINANCE 965 (Series of 1980) AN ORDINANCE RATIFYING A LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND DAVID AND NIKKI MOSS PROVIDING FOR THE LEASING OF LOTS K, L, M, N AND THE WESTERN ONE-HALF (W1/2) OF LOT O, BLOCK 58, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, BY THE CITY OF ASPEN TO DAVID AND NIKKI MOSS Councilman Isaac moved to approve Ordinance ~65, Series of 1980, on first reading with the changes noted; seconded by Councilman Parry. Councilman Collins stated he was opposed to this lease. He would like to see Arthur's have a liquor license; however, it is not within the city's charge to enter into this sort of arrangement to take over land and improvements to that a restaurant can obtain a liquor license. Councilman Collins said he feels this is a bad precedent; and given the city's batting average on long term leases, it would throw more question on the wisdom of entering into this kind of arrangement. Mayor Pro Tem Behrendt asked if anyone else could take over the lease. Grueter explained a bank who held a mortgage note could take over the lease; the City has to approval any assigning of the lease. Ms. Butterbaugh asked wha~ the city's exposure would be if the leasehold mortgagee comes in and takes over. Grueter said the city would get two years rent; also the city would maintain fee title to the land and the lessee would have two years to come in and pay off all money the city might have involved plus the two years rent or the city keeps the property forever. Ms. Butterbaugh said the city may be acquiring an indirect debt. Grueter said at the outside it would be 80 per cent of the value of the property. Mayor Pro Tem Behrendt commented he is voting for this because of the Moss' good management. Mayor Pro Tem Behrendt said he felt they were giving up tremendous values and a lot of control over their property. Roll call vote; Councilmembers Parry, aye; Collins, nay; Isaac, aye; Mayor Pro Tem Behrend~, aye. Motion carried. Liquor License Procedure. Mayor Pro Tem Behrendt opened the continued public hearing and reminded Council of the steps gone through at the last meeting. The Council is ready to hear the applicant on the requirements of the neighborhood, character of the applicants and outlet. Andrew Hecht, representing the applicant, submitted 3,458 signatures on petitions, of which 80 per cent are local residents. The reasonable requirements of the neighborhood, as evidenc~ by the signatures, has not been met. Mayor Pro Tem Behrendt asked if the change of structure would change the character of the outlet. David Moss said everything will be the same, except people will not have to stand outside. Nikki Moss told Council she is a resident of Aspen and will continue to manage the operation as before. David Moss stated he is very proud of Arthur's and hopes it continues and gets better than ever. Moss said he had purchased a large, antique bar and plans to put it between the two buildings. Nikki Moss said Arthur's has very good service, very good food and gocd qualities. Moss said this application is a hotel and restaurant three-way liquor license. Mayor Pro Tem Behrendt asked for opponents to the issuance of the license. There were none. Mayor Pro Tem Behrendt closed the public hearing. Councilman Isaac moved that based on the evidence presented at the public hearing held December 22, 1980, relating to the application of David and Nikki Moss for a hotel and restaurant three-way liquor license, the City Council finds that the needs of the communit} have not been met and the license as applied for is hereby granted; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. (Council- woman Michael left Chambers). CASTLEWOOD/HEADGATE PROCEDURE Sunny Vann, planning director, told Council this is essentially informational on behalf of the planning office. This item reflects steps which occurred in the processing of this PUD subdivision application, and the planning office would like to brief Council. On December 8 there was a study session with Council and P & Z; the project went back to P & Z, who tabled any further action on the project until January 20, 1981, to give the applicant time to regroup and consider whether to proceed, modify the application, or make a determination on where to re-enter the process. Meantime, the applicant notified the planning office they wished to amend their preliminar] plant submission to P & Z and re-enter the process on the 22nd (sic). The planning office pointed out to the applicant problems associated with that approach although there is nothing to preclude the applicant~.from following that approach. Vann told Council they mu~ approe a final plat consistent with the preliminary plat approval and the conditions attached by P & Z. If Council does not approve the plat, it goes back to P & Z for re- hearing. Given the directives from the study session, there is a certain exposure on the behalf of the applicant if they choose to proceed to an amended plat in that when the plat goes to Council for final plat approval, if there is a problem with the interpretation of Council wishes, the applicant would have to go back through the preliminary plat process. Vann told Council the planning office had recommended to the applicant a more appropriate procedure would be to appear for conceptual_ review before Council. This was. .discussed by icants and the chose not to go back to the conceptual stage and indicated they wo~ld the ap 1 y continue to process an amended preliminary pla% submission. Vann said he has had an oppor~ tunity to look at the preliminary drawings for the amended plat. There was some concern from the planning office whether some of the directives from P & Z and Council were being incorporated in the revised submission. The concern is that applicant would have to unnecessarily go back through the process if they did not clearly interpret Council's and P & Z's directives. Some of the issues deal with transportation requirements, nature of ~e~ clustering of employee units. Vann stated given what may amount to some discrepancies of applicant's revised submission, the appropriate place of the process, in the long run, would be for the applicant to re-enter at conceptual stage. The applicant does not wish tO do that and has expressed a desire to work out the problems in an informal work session with Council. Vann stated the planning office and city attorney's office are not in favor of that proposal. Vann said the appropriate mechanism is within the review process. Mayor Pro Tem Behrendt asked if the city does not stay with the process, what is their exposure. Grueter answered there are more opportunities for a reliance situation and less opportunity to coordinate with the planning department. Vann told Council the conceptual level was instigated for that purpose, to get everyone together and work out the problems without requiring substantial submission requirements. Vann stated he felt strongly this should be worked out within the process. If the applicant does not want to go back throu~ conceptual stage, they can re-enter the process with an amended plat, with the realizatio~ there is some exposure as to can they correctly anticipate Council's concerns. Vann said there was no resubmission of information to the planning office, and this was not scheduled as a conceptual review. The planning office has not had an opportunity to review new materials except for a quick glance which alerted the planning office to a potential problem. Mayor Pro Tem Behrendt said the Council got involved because they wanted to see something like this project, and then met with P & Z. There was strong con- sensus that the project should continue but it had gotten off in some directions the city did not want to see them proceed. The applicant is saying they want to'stay where they are in the process, and it should not go back to conceptual. Vann said this conceptual does not necessarily have to go to P & Z; it could re-enter the process at conceptual before Council and then go on to preliminary plat at P & Z. The ability of P & Z to miti- gate some problems at preliminary stage is there; the problem is not having the input of Council. Councilman Isaac asked if in fact there have been major changes, shouldn't this go back to conceptual. Vann answered the Code is not very clear but the implication is there. Vann told Council the more desirabl approach, from both the city and applicant's interest, would be at the conceptual level. Vann said the concerns on behalf of the applicant for conceptual are certain legal ramifications, what they may have as far as reliance based a change in Council's and P & Z's position with respect to the new plan. Vann said the planning office has been working with the applicant in light of the Council and P & Z directives on their revised preliminary plat submission. Vann has raised the issue on ho~ well the revised preliminary plat is anticipating the concerns of P & Z and Council. Vanr reiterated the point that there is a certain amount of exposure unless Council has an opportunity to review the plan, there is no indication that Council will not be holding u~ the process once it gets to final plat. The Code is set up so the problems with Council approval are traditionally worked out at conceptual level. Council defers platting requirements to P & Z; then Council approves the final plat as approved by P & z. In thi~ case, since Council deferred a number of issues to P & Z at the conceptual level, they hat removed their ability to comment on them at a later date. If Council wishes to comment on the process, this should go back to conceptual. Vann stated, in fairness to the applicant, they should have the choice. The appropriate way would be for Council to indicate they have a desire to look at it at the conceptual stage. If the applicant chooses not to go to conceptual stage, they are realizing there might be problems arising at Council's review at final plat which may necessitate going back to preliminary. Mayor Pro Tem Behrendt said the city cannot lose their position. The intention is to make something which normally would have been impossible, possible. Councilman Parry said Council had discussed having joint meeting with P & Z so this wouldn't be held up but within the process. Vann said there is a problem of Council meeting with P & Z at prelim- inary plat. Council has delegated certain responsibilities to P & Z and there is a problE in sitting down and having a formal action that is the responsibility of P & Z. Grueter said the process does allow for discussions With the P & Z, but it has to be done within the process. Grueter re.commended do it within the process but do it formally, not in informal meetings. Vann said the requiremgnts an applicant must meet at preliminar, ther~ is a considerable expense in getting to that stage. Mayor Pro Tem Behrendt said since the work session with P & Z, it was discovered that the conception of intersections and main roads there, which the city said they wou~d accept certainresponsibilities, might not be possible. In order for the applicant to proceed, the Council, planning and engineering will meet next week to review all this so the applicant will have a policy to rely upon. There is some confusion, which the city will try to clear up. Vann said it is conceivable if a more refined set of directives come out of that meeting, peripheral to the Marolt review, the applicant can better anticipate what Council is looking for and there may be less exposure in going with an amended pre- liminary plat. Ensign told Council they are not resisting going through the process. P & Z can kill the project dead and Council would not get a chance to see it. Ensign said what has happened since conceptual is that people who support the project issue by issue basis feel emotion- ally they cannot support it totally. Mayor Pro Tem Behrendt said several people, since the restructuring and rethinking, can now support the project in toto. Ensign said he understood people are willing to relook at this; however, if they go back through the process there is no conceivable way the project can emerge next building season. One of the key objectives is the cost of employee housing, which just keeps going up, up. That is why the applicant is resisting; it is like conflicting objectives. Mayor Pro Tem Behrendt said the city is stuck with the process; the applicant has had strong expression from Council that this is a special case and they want to find a way, if possible, to make it work. The city has to stay within the structure. There has been an opportunity for rethinking, and there is a strong consensus on both Boards on the major issues. The planning department feels they understand all but one or two items. Council is saying come back to the process with the city, and it has to be somewhat at the level of conceptual. Vann said to the extent the Planning office can expedite the proces~ they have tried to help the applicant. Jim Mulligan said everybody is of the same mind, to get something done that is liveable, to Council, to the city and to the developer. The problem they have run into is if the applicant goes back to conceptual, they have gone through the conceptual approval status that has approved the building envelopes, the location of the envelopes for the PMH pro- ject and the free market project. Mayor Pro Tem Behrendt pointed out it died there because those were unacceptable. Mulligan told Council in order for them to get a position where they do not undduly expose themselves as a developer, they would have to come back to preliminary with a proposal with those building e~velopes with the PMH up by 82 and all other points consistent with what you shared, get a denial and go back. ~gu±ar meeulng Aspen City Council December 22, 1980 Mayor Pro Tem Behrendt Said the developer could save time and money and go back to con- ceptual where it belongs. Mulligan said this would waive a lot of rights with respect to the developer. Grueter said he did not know if there was a way to get around the waiver concern. Grueter said this is looking at trying to push a project through or protect a law suit. Mayor Pro Tem Behrendt said he felt consistently the non-reliance on directives has been the applicant's part. Mayor Pro. Tem Behrendt said the numbers presented back to planning were not in line with the consensus opinion. On the one hand, this is dead; hoever, if they go back to conceptual it will be very much alive. Mulligan said the issue they con- front is fairly simple; the only issue that has been approved at conceptual is the major issUe of change. Mulligan said if they go back to conceptual and change that major issue that was approved previously at conceputal, the applicant exposes themselves to a position that is untenable. Councilman Isaac said he felt the applicant has changed in scope, and because of that change the location of the PMH units, that ought to go back to conceptual. Mulligan pointed out the applicant got through conceptual because of the recommendation of the city staff; it was approved by P & Z and Council with those locations. Now the city is saying to change 'the locations. Mayor Pro Tem Behrendt said this boils down to does the applicant want to go through process or to sue the city. Mulligan said if there is a way to work out addressing the non-waiver matter, then they can go back to conceptual Grueter said that would put this out of process; they might be able to agree to something on the side. Vann said the~Council could use the staff in an intermediary position to convey information. The only problem is that puts the staff in an untenable position of having to anticipate what t~e Council wants to do. This is outside the process again Vann said there are issues that there are questions about, such as the access, and these should be resolved. There is a proper place for that to occur, Vann said the staff could provide Council with all the information they need to make a determination. Mayor Pro Tem Behrendt said the city has to stay with the process. Vann said the city has traditionally reviewed projects of this nature within the process; it is fairness. Mulligan asked if there was any way the communcaiton through the staff could be made, by the Council, so the staff can be reasonably discussing with the applicant what is happening. Mayor Pro Tem Behrendt said the staff is Council's represen-: tatives, and they have had a specific set of directives through the consensus process of the work session. Vann said he could review the revised submission to the extent to anticipate Council's comments and alert them to potential problems, but the time the applicant may lose by going back to conceptual may well be lost if Vann does not anticipat~ the problems. ~Vann said he did not want to see the planning office as a conduit for passing on Council's feelings to the applicant; this is not an appropriate use of the planning office. Vann said the planning office cannot function as a substitute for conceptual review. Mulligan said he understood that, but also the planning office is the staff support and agent of the bodies to try and communicate their sense of what's happening. Vann said if this is what Council wants, then it would be appropriate for the planning office to bring back what their understanding of the directives were. Mayor Pro Tem Behrendt said the planning office has it; they can itemize it and submit it to the appli- cant and the Council. Mayor Pro Tem Behrendt said the city has to stay in the process; they can move the applicatiOn as quickly as possible, provided the consensus can be met. Mulligan said the risk is the applicant's if they go with an amended preliminary and attempt to address all issues there is some consensus on. If P & Z approves it at pre- liminary and it goes to Council and Council says no, it is the applicant's risk. Mayor Pro Tem Behrendt said the Council is then faced with reliance. Mayor Pro Tem Behrendt said he hoped to see this go back to conceptual and keep moving. Council's consensus is that this stay within the procedures and have the planning office help fast track the application. LIQUOR LICENSE TRANSFER - Captain's Anchorage Brooke Peterson told Council this is a transfer of the license from Jack Little to his clients for a rebuilt Anchorage. The owners are Chuck Burt, John Cant and Bruce Conklin. Peterson's clients will ultimately purchase the restuarant space, if the Woodstone is condominiumized. Peterson said their operation is separate from the rest of the Woodstone Inn, and one of the conditions in the lease is that there be no competing operations in the Woodstone. They do not plan on expanding the operations outside of the area of the restaurant. The lease is for 15 years. Councilman Parry moved to approve the transfer of the liquor license; seconded by Council- man Collins. 'Ail in faVor, motion carried. ORDINANCE #63, SERIES OF 1980 Sheree Sonfield, special projects, told Council right now the tow fee is $20 and the penal~y assessment is $15, a total of $35. During budget meetings it was discussed that the tow- ing operation is not paying for itself; there are other costs above just the budget; depreciation, cost of an impound lot, and overhead. Ms. Sonfield told Council that based on the estimated number of tows and the penalty assessment and the costs, she figured the tow fee should be $50 to $60 with the tow fee and penalty assessment combined. Bob Grueter told Council the Court sets the penalty assessments; it is a totaly judicial prerogative. Ms. Butterbaugh said it would be ideal if the tow fee would pay for the towing and the penalty assessment for something aside; this is not happening. Councilman Isaac moved to read Ordinance $63, Series of 1980; seconded by Councilman Parry. Mayor Pro Tem Behrendt pointed out he felt this is a tremendous PR problem and asked the staff to prepare a short statement for the public to describe what is going on. Ms. Sonfield said she and Monroe Summers were going to send a letter to the Chamber so they can explain to their members. Mayor Pro Tem Behrendt asked it be stated this increase is reflective of the city's cost and not a profit motive. Councilman Collins asked what percentage of tows are locals and what percentage tourists. Chief of Police Rob McClung said in off season it is almost all locals; during the season it is about 25 per cent locals. Regular Meeting Aspen ul~y uounc~± u~u=~=~ ~, All in favor, motion carried. ORDINANCE ~63 (Series of 1980) AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 3, SERIES OF 1980, PROVIDING FOR A TOWING FEE OF S40.00 FOR ANY VEHICLE IMPOUNDED UNDER THE AUTHORITY OF SECTION 22-20 OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES was read by the city clerk Councilman Isaac moved to adopt Ordinance ~63, Series of 1980, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Isaac, aye; Collins, aye; Parry~ aye; Mayor Pro Tem Behrendt, aye. Motion carried. RESOLUTION #23, SERIES OF 1980 - 1981 Budget Councilman Isaac moved to read Resolution #23, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~23 (Series of 1980) WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1981, and ending December 31, 1981; and WHEREAS, the budget as submitted sets forth the following estimated fiscal data including anticipated revenues and expenditures for the year 1981.: Current Revenues Expenditures Transfers Fund Balance General Services and Operations 3,443,000 (3,938,363) ( 287,387) Debt Service ( 24,543) 888,481 81,188 Land Fund 1,419,760 ( 363,260) ( 940,208) 116,292 Transportation Fund 1,306,000 ( 60,000) (1,370,378) ( 124,378) Water Fund 1,015,430 ( 538,438) ( 107,000) Debt Service ( 364,195) 5,887 Electric Fund 1,990,000 (1,585,749) ( 286,680) Debt Service 107,450) 10,121 Revenue Sharing Fund 95,000 ( 95,000) -0- Police Pension Fund 56,170 22,000) 34,170 Employee Retirement Fund 133,350 74 000) 59,350 Transit Fund 748,200 (1,330 832) 1,058,348 Debt Service 407 946) ( 67,770) -0- Golf Course Fund 186,720 186 720) 122,840 Debt Service 94 500) ( 28,340) -0- Ice Rink Fund 169,679 169 679) 119,809 Debt Service 91 562) ( 28,247) -0- Wheeler Transfer Fund 325,000 114 745) 210,255 1978 Safex Tax Refunding Bond Fund 687,210) 687,210 -0- Street Improvement Construction Fund ( 121,583) (121,583) Sales Tax Bond Reserve Fund 50,000) 50,000 -0- Castle Ridge Fund 390,970 642,620) 197,680 ( 81,970) 1979 Street Improvement Debt Service 136,300 136,300 -0- TOTALS 11,269,279 (11,111,605) 31,658 189,332 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the budget for the City of Aspen as submitted is hereby adopted, which adoption shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated; and that the estimated budget revenue requirements of $10,795,079 is declared to be the amount of revenue necessary to be raised by the tax levy and income from all other sources, including Fund Balance at the beginning of the year, to pay the expenses and certain indebtedness, and to provide a reasonable. Fund Balance at the close of the fiscal year beginning January 1, 1981, and ending December 31, 1981. Adopted the 22nd Day of December 1980. Councilman Isaac moved to adopt Resolution ~23, Series of 1980; seconded by Councilman Parry. Ail in favor, motion carried. ORDINANCE 962, SERIES OF 1980 - General Fund Appropriations Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Councilman Isaac moved to read Ordinance ~62, Series of 1980; seconded by Councilman Parry All in favor, motion carried. ORDINANCE ~62 (Series of 1980) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $33,000 FROM FUND BALANCE, RECOGNIZING ADDITIONAL UNANTICIPATED ICE GARDEN REVENUE OF $49,000 APPROPRIATING ICE GARDEN FUND EXPENDITURES OF $42,000, RECOGNIZING REVENUE FOR 3015 Regular Meeting Aspen City Council December 22, 1980 CASTLE RIDGE FUND OF $4,008,909, APPROPRIATING CASTLE RIDGE FUND EXPENDITURES OF $3,926,939, APPROPRIATING POLICE PENSION FUND EXPENDITURES IN THE AMOUNT OF $28,000 FROM FUND BALANCE, APPROPRIATING RETIREMENT FUND EXPENDITURES IN THE AMOUNT OF $15,000 FROM FUND BALANCE was read by the city clerk Councilman Isaac moved to adopt Ordinance #62, Series of 1980, on second reading; seconde~i MayorbY CounCilmanpro Tem Behrendt,Parry' ROllaye.CallMotionVOte; carried.C°uncilmembers Collins, aye; Parry, aye; Isaac, aye;~ CITY ATTORNEY Assistant City Manager LOis Butterbaugh told Council the city had received a letter from Sachs, Klein and seigle in response to the City's request of an informanl opinion from the Bar Association regarding an unlicensed attorney acting as the City attorney. Their answer is that he cannot praotice law for the city and he cannot be in an advisory capaci~ under a supervisor. They referred their opinion to the Colorado Bar Association, and their opinion agreed with the Aspen Bar Association. Bob Grueter told Council he did not know how long it would take to be admitted to the Colorado Bar; it is his information that New York is a reciprocal state. The process could take up to four months. Ms. Butterbaugh said she would contact the city manager and new city attorney about this. BUILDINGS Assistant City Manager Lois Butterbaugh told Council that the Woodstone was redtagged last week. The developer work to try to get the punch list taken care of by the weekend when the guests were coming in. The building department worked all weekend to be avail- able; the problems on the east wing were cleared up; there were still problems on the west wing. Mayor Pro Tem Behrendt said he understood the need for the city to work with citizens who have problems. However, perhaps it looks like the city is bending over backwards to help this particular person. Mayor Pro Tem Behrendt asked if the city had informed them they will not help like this in the future. Ms. Butterbaugh said they are very aware the city will not go on like this. Herb Paddock said his point was he way trying to accommodate 250 tourists and the impact on this town. Mayor Pro Tem Behrendt said these people should go through procedures and stay within normal business hours and be treated like everybody else. Councilman Isaac moved to adjourn at 8:40 p.m.; seconded by Councilman Collins. All in favor, motion carried. Kathryn~'Koc~, City Cler-f~