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HomeMy WebLinkAboutminutes.council.19810323Reqular Meetinq Aspen City Council ........... Ma~__~_~a~ ...... 5. A-95 Review: Little Annie Ski Area Loan Guarantee. Sheree Sonfield told the Boards that Little Annie is applying for a loan guarantee; this is a pre-application. COG meets this week and is asking what the city and county think of this. Ms. Sonfield said this FmHA will guarantee 90 per cent of the loan for a negotiated interested rate for a maximu~ of 30 years. There are two other ski areas that have FmHA loan guarantees. Commissioner Child said the city and county have no idea of the financial condition and if a loan of $15,000,000 should be guaranteed. Child recommended no comment. Councilman Isaac asked why go to a federal loan guarantee; what is in it for Little Annie and for the banks. Tom Griffin explained that most of the small local banks, because of the size of the loan, are unable to fund the loan entirely. This would require a group of banks ~o fund the loan. This method would allow the banks to sell the loan to continue to recapture the money and continue to make additional lonas in this area. For Little Annie it create~ a broader base of investors to participate in the funding. Commissioner~'.Blake said he had no objection; it is not an abnormal situation that compani~ find themselves in. Blake said he did not see this has any direct relationship to the !~ approval process for Little Annie. Mayor Edel agreed this would ~ot indicate whether the Boards are for or against Little Annie. Councilwoman Michael moved to comment favorable on the Little Annie A-95 loan guarantee pre-application and asked that the statement to COG note fore the record the city and county are still in the approval processes of the entire development; seconded by Council- man Behrendt. Commissioner Kinsley pointed out in the public hearings for this they have asked for viabl financing and have been told by the proponents this is not the business of government but to let the market determine. What this is saying is that the government will support it despite the market. If Little Annie is a viable entity, it should fly on its own. To approve this application is giving it support by the government. Councilman Isaac said he would rather see Little Annie go for something like an industrial revenue bond so they can sell the issue themselves. Child suggested in this case where the Boards do not know what this is about, they make a no comment and sent with that the statement that this does not represent a comment about the merits of the Little Annie proposals. Curt Stewart said the purpose of the A-95 review process is to alert local governments to review projects consistent with the local government's adopted policies. There is not a policy on Little Annie at this point. The Boards could pass on a no comment and explain to COG they are still in the process. Sunny Vann said an approval might infer that the project is consis- tent with the adopted policies of the local government. Councilwoman Michael pointed out if the coUnty and city vote Little Annie down, they will not get a federal guarantee~' Th~ Boards would need to fully explain their position in comments to COG. Councilwoman Michael amended her motion to include this favorable comment should be in no way construed for the purpose of reliance by the applicant; seconded by Councilman Behrendt. Councilmembers Michael, Parry, Behrendt, Mayor Edel, Commissioners Blake and Madsen in favor; Councilmembers Isaac, Collins, Commissioners Klanderud, Child and Kinsle~ opposed. Motion carried, il MINUTES Ii Councilman ~arry moved to approve the minutes of December 22, 1981 and January 12, 1981; seconded by Councilman Isaac. All in favor, motion carried. ACCOUNTS PAYABLE There were none. CITIZEN PARTICIPATION 1. Gus Hallum said he is against double density housing. Aspen is trying to keep up with Vail and Beaver Creek. The traffic will increase so much. Hallum said he has employee housing over by his lodge and they are having problems with it. HatlUm said he hoped the city's goals are what they want, but doubling the density is not in that category. ~ 2. Bernie Utchenik told Council they have a proposed change to Ordinance #16, housing overlay and are ready with petitions. Utchenikiread the proposal to COuncil "SHALL ii SectiOn 2.4-10.9 (ORDINANCE ~16, SERIES OF 1980 BE!~ENDED BY THE ADDITION OF THE FOLLOWIN6 SUB-PARAGRAPH 24-10.0(c) In the event thatiany proposed development under Section 24-10.1 et seq of the Aspen Municipal Code requires the demolotion or removal of an ~ existing structure that has been designated as either having historical or architectural significance in the Inventory of Historic Sites and Structures dated December 19, 1980, prepared for the City of Aspen by John Stanford and Vera Kirkpatrick, the demolition and removal of the existing structure and the proposed development shall be reviewed an~ ~ approved by the Historic Preservation Commission pursuant to the provisions of Section i~ 24-9.1 et seq of the Aspen Municipal COde prior to consideration of an application pursua~ to Sect~n 24-10.1 e_~t seq by the Aspen Planning and Zoning Commission and the C~ty Counc~ll, .~ Councilman Behrendt moved to put this on the agenda; seconded by Councilman Isaac.!i~i Councilman Behrendt said going through Ordinance 916, they have seen loopholes. Councilma~ Behrendt said he would like to seti~a~date with Council to study Ordinance #16 for poss~bl~i revision. Councilman Van Ness stated it is bad procedure to keep putting things on the agenda at the last minute and when staff has not had time to look at things. Councilwoman Michael said there is enough concern about this ordinance to have a study session. ~11 in favor, Councilman Van Ness opposed. Motion carried. 3. Joey Caudill said she wanted some citizen input on the Plum Tree. Mayor Edel answeredi! this would be placed on the agenda. 4. Jeff Sachs stated there should be a policy decision to allow input to come before Council at the conceptual stage rather than the final stag.e COUNCILMEMBER COMMENTS 1o Councilman Van Ness asked about the public hearing on the Wheeler Opera House. City Manager Chapman told Council he had not scheduled it yet. After meeting with the architect, he will prepare working drawings for the inside of the building. Chapman will meet with Steve Marcus to develop options in regarding to leasing policy. Chapman asked Council if they wanted a study session on leasing and ownership before the public hearing. Councilman Collins said there ought to be something to present to the public at this hearing. Councilman Collins said he had not seen anything arranged as far as management, commercial space, final build out, etc. Mayor Edel said this would be to elicit thoughts and ideas to come up with a resolution and answers. Mayor Edel said he wanted input from the public, now before plans are locked up. 2. Councilman Behrendt said the buses are clean as they can be~ and the seeing is seeing .results of their investment. 3. Mayor Edel said the county has brought up the two managers getting together for a report on joint department Qperations. 4. Mayor Edel told Council it has been requested by the Hans Cantrup organization they would like a study session to divulge their plans and activities to Council. Sunny Vann, planning director, told Council this organization had met with P & Z in regards to their hotel-base-area development. Mark Danielsen told Council they would like this Dession to discuss GMP allocations and projects that are in camp right now and to present the problems they have had to get things resolved and to finish applications. Councilman Behrendt said hedid not consider Council an appeal board for applications they have not done. Councilmal Isaac said he would rather receive a memo telling Council what Cantrup would like to discuss in this study session. Mayor Edel agreed, and wanted staff comments on the memo. Councilman Van Ness said he thought it was bad policy to start having special meetings with developers. 5. Mayor Edel told Council he had a memorandum regarding the Plum Tree and requested this be added to the agenda. Councilman Behrendt moved to add the Plum Tree to the agenda; seconded by Councilman Parry All in favor, motion carried. 6. Mayor Edel said for the past three months, the city has had legal counsel they hired and they have done an outstanding job for the city. Chapman told Council they would be retained for when the city attorney has to go back east. 7. Mayor Edel said he had received a request from Data General. The City of Aspen, M.A.A and Intermountain are exclusive users of Data General equipment. The would like to do a commercial. Council said that was okay as long at the city got to look at the story board and the copy. ORDINANCE #16, REVISIONS Councilman Collins said he would like a meeting set up to look at the amendment proposed earlier and Ordinance 916. Councilman Parry suggested planning director and the city attorney get together to review these and set up a meeting. Housing Director Jim Reents told Council if the intent is to preserve Historic buildings, Council should adopt the entire inventory of historic sites and structures in town. It is inappropriate to tie historic structures to an ordinance encouraging employee housing. Councilman Isaac said there are two separate problems; historic buildings, and Ordinance 916; he would be happy to have a study session on both. City Manager Chapman told Council he would prepare an agenda and set up a meeting. PLUM TREE INN Mayor Edel said City Attorney Taddune has sent out a memorandum regarding the information to be Set forth to the voters about the Plum Tree and its sale. Taddune told Council the staff has been having some difficult trying to prepare the precise ballot question and they felt they should solicit public input on several matters. The items are (1) the appropriateness of the city rezoning the property to permit the highest and best use; (2) the appropriateness of rezoning the Plum Tree from a non-conforming use to some more realistic category, (3) the implications of some possibile zoning definition changes, (4) various growth management concerns, (5) the desirability of a quality development at the city's golf course, (6) the selling of public property purchased with sixth penny money. Taddune gave Council two proposed ballot questions; one is very general, the second one is specific along the lines of the Aspen Park proposal. Councilwoman Michael said draft #1 is open-ended with few parameters. Councilman Van Ness said 91 is too general; it would be confusing to the voters and it might give too broad a license to the Council. Councilman Van Ness said he would like what is presented to the voters to be as specific as possible. Councilman Isaac said his problem with draft ~2 is it is so long nobody will read it. Joey Caudill said if 112 units are put out there, there will be a great deal of concern about that. It will be a precedent setting thing; it is apt to open up pressure for strip development. Mayor Edel said the city is not allowing 112 units; they are allowing 23 units and anything beyond that has to go through GMP. Councilman Parry said he was i! for eliminating the first and second phase. They could have 50 units as before but in any configuration. Councilwoman Michael said draft #2 says someone can buy that property with the right to 50 bedrooms; after that it is their problem. Ms. Caudill said the concern of the public will be is there more density there. People essentially voted that for open space. Councilman Parry said the city would like a real nice facility there because it helps to support the city's golf course. Taddune pointed out presently the Plum Tree is a non-conforming lodge and cannot be expanded in anyway. If it is bought the way it is not, the only thing a purchaser can do is replace within the exising square footage. ~egu±ar ~eetlng Aspen City Council March 23, 1981 City Manager Chapman told Council that draft #2 is based on the Aspen Park proposal.. Their proposal suggests they are willing to tear down the current facility except for the restaurant and lounge. They will build no more than 50 bedrooms in 25 units not to exceed the square footage they tear down. This is phase one. They also intend to submit through the GMP for additional units. Mayor Edel said the question should not be tailored on someone's specific proposal. Taddune said the city is the owner of this property and can control the development by the contract of sale. In framing the ballot question, Taddune thought it should be incorporated that the city is not going to allow any more development than 50 units with 112 bedrooms. Bil Dunaway said he felt people want to know what the total development will be in the ballot question. The city cannot go against its original idea of primarily open space. People do not want to see a lot of development out there. Mayor Edel suggested schedulin¢ a special meeting for Monday, March 30 at 5:00 p.m. and have Taddune refine the language for the ballot along the lines of draft #2. FASCHING HAUS SETTLEMENT Bob Edmundson told Council there was a suit against the city in a quiet title action concerning a unit at the Fasching Haus. In this action the plaintiff's theory was that in the covenant with the city there were two aspects concerning the city; one was a right of first refusal to the housing authority to buy the unit if it was sold; there was a restriction on an employee housing unit. Edmundson found the city does not have a housin¢ authority and the city would have to purchase the unit. Jeff Sachs said this unit was the subject of a subdivision exemption approved by Council. There was a perpetual restriction on the unit as employee housing; this is against the rule of perpetuity. Fasching Haus has agreed to buy the unit and to keep the unit as employee housing. Edmundson told Council the condominium association is buying the unit; they will probably use it for employee housing. Councilwoman Michael moved to approve the stipulation of dismissal with prejudice against the City of Aspen et al and the amended statement of exemption from definition of subdivision; seconded by Councilman Isaac. All in favor, with the exception of Councilman Behrendt. Motion carried. ORDINANCE #12, SERIES OF 1981 - Dormitories in RB Zone Joe Wells told Council this is a continued first reading of this ordinance. ~C~un~l want~ ta~.se~some amendments~ one~was.~the issue of bedrooms. Council was not satisfied that the equivalency of dorm rooms was to bedrooms; Council wanted it equated to pillows. Council also asked for a definition of dormitory; Wells does~not have language to offer. Council asked for a consideration of whether to set a standard for a minimum of parking. Wells said he did not think it appropriate to set a standard for parking. Councilwoman Michael said she would like this in final form, but Council has to make sure staff is clear on what the Council wants. Councilwoman Michael moved to read Ordinance #12, Series of 1981,; seconded by Councilman Parry. Councilman Van Ness said his concern was the definition of a bedroom rather than a dormi- tory. Councilman Isaac asked if the dorms would be available for tourist use or long ter~ use or M.A.A. Wells told Council the P & Z recommended the dormitory use come under the guidelines but those restriction not preempt the use by M.A.A. All in favor, motion carried. ORDINANCE #12 (Series of 1981) Councilman Behrendt moved to adopt Ordinance #12, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Collins, nay; Michael, aye; Isaac, nay; Behrendt, aye; Parry, aye; Mayor Edel, aye. Mayor Edel said he would like a written sheet on what has to come before the Council in this Little Annie review process. CASTLE RIDGE STATUS REPORT Jim Reents told Council the timetable committed to by the general contractor will be met. Two buildings, twenty units, will be ready for occupancy by April 1st. Councilman Isaac asked who would be managing the property. Reents said there is a proposal and he and Lois Butterbaugh will be interviewing interested persons. Councilman Isaac asked if there was insurance on the property. Reents answered there has been since the start of the project, and there is permanent insurance ready to roll over with the issuance of a c/o. Lois Butterbaugh told Council there are drafts of the application, tenants' rules, leases which have to be reviewed by the attorney. Mayor Edel asked about the plans for the last months rent. Ms. Butterbaugh said for the initial people in the first drawing, the staff is recommending they pay the first month rent, ~$100 damage and spread the last month's rent over a period of six month. Mayor Edel pointed out moving in date is a week away and all the decisions are not made yet. Council~scheduled a work session for Wednesday, Mard~ 35 at 5:~0 to finalize all these details. Regular ~4eetlng ~P=~ ~3 ~uu~,=~ ~, REQUEST TO MOVE AND TEMPORARILY STORE THE PROSPECTOR LODGE Monroe Summers told Council that Cantrup has offered to donate the Prospector Lodge to any organization that could use it. The Aspen Ski Club voiced the strongest desire to have it. The Cantrup organization came up with the idea to move the lodge until the building season; they would move it and store it to the old Koch lumber site. They would then like to move it up to the top of Mill street, parcel out a small portion of land put the Prospector there and donate it to the Ski Club. The building the Ski Club uses now would be demolished. It is located on property the city owns. Councilman Behrendt expressed concern that the building might not be moveable, the city would be giving some- one a tax break and no benefit to the public Would accrue. Sam Downing told Council the building would have to be improved substantially to be brought up to Code. Downing said the Cantrup organization has offered to donate the building to the Ski Club, to move it and to bring it up to Code. The Ski Club would have a new facility with more space.. Downing showed Council where the parcel is; the 8040 line goes right thrOugh the property. The parcel would have to go through PUD process. Councilman Van Ness asked what the Ski Club proposed to do with ~he building. Pete Van Domelin said they had thought of having ski coaches there during the winter, uses listed above. The Ski Club thought this arrangement could be extremely beneficial to their program in Aspen if this could be worked out. Summers said the staff wanted an indication of Council's feelings on this project; it wild require a great deal of work on the part of the city staff. Councilman Behrendt asked if the neighbors to the old Koch lumber property had been informed. Herb Paddock, building inspector, told Council his department already has a building permit application on that property for a duplex. There are no guidelines in the Code for temporary storage of a building. Also it will cost a lot to bring the building up to Code. Sam Downing told Council they have looked at the requirements to bring this building to Code and are will- ing to do so. They have been looking about for beneficial uses of this building and have delayed construction already. Downing needs a feeling from Council about temporary stor- age on the Koch lumber property or a waiver to put the building up without a full PUD process. Mayor Edel said there are so many intangibles before Council it would be hard to vote. · Councilman Van Ness said Council should look at the whole program rather than just the first step. It is not fair to the applicants to tell them to move, the Prospector tempora- ily then decide the Council does not like the Prospector up on Mill street. Councilman Parry moved to instruct staff to proceed with preparation of the review and approval documents necessary to facilitate application to move the Prospector Lodge to HBC incorporated property at the south end of Mill street with temporary storage at the Koch lumber property not to exceed six months; further move to instruct the applicant that staff will not proceed with the application prior to receipt of an acceptable bond for special performance in the amount of $100,000 and that the city of Aspen gives absolutely no guarantees that the final approvals will be issued; seconded by Councilwoman Michael. Ned Dayton told Council they presently have about 2500 square feet. The Aspen Ski Club has not really had time to investigate this. They are beholden to the City for an exc~eptionally good lease. The Ski Club can exist with what they have now; however, it is inadequate in the long run. Dayton said this is an exceptionally generous offer; the Ski Club has been struggling financially for a long time. The Ski Club has an exceptional program to offer this town. Councilman Collins asked if there is reliance by encouraging the staff to look into this further. City Attorney Taddune said there would not be reliance if Council passed the motion on the table; it merely instructs the staff to look into this further. Taddune told Council that temporary zoning is usually used to prohibit zoning. The Council should zone the Koch lumber property as soon as possible. Councilman Behrendt said he was concerned that a white elephant will be given away and no public good will come from this. Downing said the approximate value of the building is $50,000; moving is $25,000 per stage Th~s and the improvements would be a write-off. Councilman Behrendt asked if the city was! opening itself up to a lawsuit from the neighbors. Taddune said there is a possibility of this. Councilman Parry said this motion does not do any good at all unless the Council gives them approval to immediately move the building. Councilman Parry amended his motion to approve immediate move of the Prospector Lodge to the Koch lumber property; seconded by Councilwoman Michael. Councilmembers Michael and Parry in favor; Councilmembers Van Ness, Collins, Isaac, Behrendt and Mayor Edel opposed. Motion NOT carried. CONCEPTUAL SUBDIVISION - Ute City Place Alan Richman, planning office, told Council this is one of the three projects which received 1981 residential GMP allocation for 22 units on 15,000 square feet in R/MF zone Cooper avenue between West End and Cleveland. There will be 8 free market units, 12 low and 2 moderate income employe~ units. The planning office has deemed the applicant has satisfied the requirements of conceptual before P & Z; it is coming directly to Council. There are many requests with this application; one is rezoning to RBO whiCh Council will hear at the final plat stage. Richman outlined the project for Council. It is recommended the applicant be required to provide an 8 inch interconnect for water. Normally, curb cuts are prohibited on highway 82; there is an agreement with the engineer for a variance to allow a curb cut if four conditions are met to provide a margin of safety. Sidewalk should be provided the length of the property along Cooper. There are two single family units on the property now; one of them has been identified in the historic inventory as a notable structure. Richman said the applicant might be willing to relocate the structure; it may not be a feasible option because of the condition of the structure. Richman stated the important point of the density issue is that this applicant is providing a total of 14 employee housing units with 10,397 square feet versus 8 free market units. There is no open space requirements ~i in this zone; this will max out the site. The planning office will be able to look at howl! landscaping can mitigate this and how the ~ensity issue is being dealt with. Richman recommended Council approve the applicant's request based on several conditions which are enumerated in his memorandum of March 17, 1981. Councilman Isaac asked about the parking. Richman said the applicant is providing adequate number of spaces on site and there is no variance requested. ~ack Walls, representing the applicant, said he had no problems with the conditions except with regard to the historic house on one of the piece~ of property. The floor structure has completely deteriorated; it would be next to impossible to move this. It would cost a lot of money to update the structure to meet the Code; there are no bathrooms. It is not worth the effort to move the house. Council- woman Michael suggested having the building inspector go look at the house and get his recommendations. Councilwoman Mi. chael moved approval of the applicant's request for conceptual subdivision for the Ute City Place project subject to the following conditions: (1) applicant agreein! to provide an 8 inch water system interconnect on Cleveland between Hyman and Cooper by working out an equitable arrangement with the Water Department prior to review for pre- liminary plat; (2) the applicant meeting the conditions of the city engineer concerning the variance for a curb cut on Cooper avenue, including (a) that the curb cut will only be used as an entry to the site, with the exit being through the alley and signs being erected for this purpose; (b) that signs be eredted indicating right turn only from Cooper and no left turn from Cooper, (c) that all signs shall be erected at the owner's expense and shall be approved by the city; (d) that the owner shall apply to the State DOT in Glenwood Springs for approval of a driveway permit on highway 82; (3) the applicant providing a sidewalk the length of the property along Cooper avenue; (4) instruct the building inspector to visit the site and assess the moveability of this structure and report to the planning office and Council about same before preliminary plat state; (5) applicant installing fireplaces designed with energy conservation in mind and limiting the number of installations to minimize air pollution impacts; and (6) the applicant giving further consideration to landscaping, massing and bulk and their relationship to the request for Residential Bonus Overlay at the preliminary plat stage of the review process; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. SUBDIVISION EXCEPTION - Soderling (Woodstone Lodge) · ~ Alan Richman said the city staff tried to take all agreements with this project and bringi them to Council in this applicant. Some things, ~like employee housing and parking, havel not been provided and there are mechanisms in this application to get them provided. Councilwoman Michael said the agreements should be fulfilled before Council discusses this application. Jeffrey Sachs, representing Soderting, pointed out P & Z approved a parking agreement which obligated Cantrup to Put required parking in front of the Continental Inn until such time as othe~ parking spaces can be found, which are acceptable to P & Z and Council Otherwise, an expensive piece of development land is tied up for parking. Sachs noted the city Code does not require that parkin~ has to be on-site. The then-city attorney signed some agreements with Cantrup regarding parking, employee housing, etc. Sachs said there is an agreement to deed restrict employee housing to the appropriate amount and 23 parking spaces. P & Z was trying to wrap up and put in enforceable form every unkept promise that troubles the city. Sachs told Council the Woodstone is not required to have additional parking spaces; there are approximately 65 parking spaces in the basement and on the street. When the Anchorage came to the city for approval for remodelling, it was at that time the city made additional requirements for parking and open space. Downing agreed the parking requirements were brought about because of'the restaurant remodel; the Anchorage is a 4500 square foot facility; the~Code allows up to 4 parking places per 1,000 square feet of commerical square feet. This requires 18 parking spaces plus 5 for the open space. There are no downtown restaurants with a specific parking requirement. People have been able to come to Council and request a reduction of the parking requirement. Sachs told Council this property is being condominiumized and will belong to'90 owners an the owners of the restaurant. The owners will want adequate parking and will use the basement facility; it is an amenity that belongs to them as a condominium owner. Councilwoman Michael said she would like all agreements complied with before the subdivi- sion exception is voted upon. Sachs said the city has a lodge condominiumization ordinance designed to approve facilities in Aspen; this is a key facility at the base of the mountain. The proposed purchaser has spent $100,000 remodelling the lobby. Sachs said it is important to condominiumize the building so that the new owner and go in and spend $500,000 to renovate the lodge before it can be sold. Taddune said he was not sure these agreements are the best way to go and the best way to enforce the subdivision regulations . Councilwoman Michael moved to table the Soderting subdivision exception pending the staff's investigation of agreements; seconded by Councilman Behrendt. All in favor, motion carried. SUBDIVISION EXCEPTION - Studios West Jack Johnson, planning office, told Council this is a request to condominiumize the Studios West apartment located in an R-6 zone across the street from the forest service. This is currently a 14 unit complex, and the applicant is requesting subdivision exception for the purposes of condominiumizing the complex. The 14 unit complex is non-conforming in the R-6 zone because of the density. In the planning office evalu'ation and in looking at the rental history, there appear to be no units rented within the current guidelines for low, moderate of middle income. Rick Neiley, representing the applicant, told Council this has recently been rented short term from 10 days to longer for the M.A.~.and the Institute. Johnson said the applicant has to comply with Section 20-22 which requires six month minimum leases. Johnson~ stated the planning office recommends approval which conditions outlined in his memorandum. Councilman Isaac moved to approve the Studios West subdivision exception for the purposes of condominiumiZation, subject to the following conditions; (1) compliance with requests by the engineering department as per memo dated February 19, 1981; (2) full compliance with Section 20-22 of the Municipal Code regarding written notice to tenants offering unit for sale, maximum six month restricted leases, otc; (3) that there be a statement on the final condominium plat that the parking presently located on the north side of the building be specifically designated for Studios West condominiums; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Behrendt requested staff bring Council up-to-date on this six month minimum lease restrictions; does it work to the benefit of the people it was meant to benefit and is it unenforceable. SUBDIVISION EXCEPTION - Starri Jack Johnson, planning office, told Council this is a duplex in the R-6 district located at 624 West Francis. The applicant is requesting subdivision exception for the purposes of condominiumizing the duplex. The engineering office requested an electrical easement and a agreement that they enter into a sidewalk improvement district. The attorney requests full oompliance with Section 20-22. The housing director concurs with this and requests deed restriction of one unit at the current rental rates. The planning office notes that both units are currently occupied and the applicant has received an offer to purchase one unit from the tenant. P & Z recommended approval with the planning and engineering considerations; however, they requested a legal opinion on whether or not this application falls within the housing guidelines of the city. If both halves fall within the low, moderate or middle income housing guidelines, then both halves should be deed restricted. If neither side falls within these guidelines, then neither side should be restricted. The legal opinion is that both units are outside of the low, moderate and middle income guidelines. Councilman Behrendt moved to approve the Starri subdivision exception for the purposes of condominiumization subject to the following conditions; (1) revision of the condo- minium plat prior to submission to indicate a 10 foot by 7 foot electric/conlmunication easement on the northeast corner of lot "0"; (2) the applicant entering into an agreement to joing an improvement district for construction of sidewalk, curb and gutter in the event one is formed for this area; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION %17, SERIES OF 1981 - Ruedi Reservoir Water and Power Authority City Manager Chapman explained this is covering the intergovernmental agreement and the by-laws that were reviewed and amended and approved by the Water and power authority. Part of that requires each jurisdiction to approve the intergovernmental agreement and the by-laws. Councilman Behrendt said he had a contention with the clause that says surplus revenue will be shared equally between all entities when Aspen is putting all the money up front. Also, there are gross inequaties in population; this should be per capita or per investment. Chapman told Council the money Aspen is fronting are expenses, which so far have been nominal and also Aspen will get it back before there is any surplus revenue. Councilman Parry pointed out that the alternate cannot vote, only the appointed member. Chapman answered the Board considers these appointment to the authorit~ the same thing as election to Council, for which you cannot appoint an alternate. Councilman Behrendt moved to read Resolution %17, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. RESOLUTION %17 (Series of 1981) RESOLUTION APPROVING THE CONSUMMATION OF AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE CREATION AND OPERATION OF THE RUEDI RESERVOIR WATER AND POWER AUTHORITY AND PROPOSED BYLAWS WHEREAS, pursuant to Resolution No. 8 i(Series of 1981) the City of Aspen entered into an Integovernmentat Agreement with the County of Pitkin, Town of Carbondale, Town of Basalt, Town of Snowmass Village and the City of Glenwood Springs for the creation and operation of a Ruedi Reservoir Water Authority; and WHEREAS, pursuant to the aforesaid Intergovernmental Agreement the designated representatives of the parties, meeting as a Board of Directors, have proposed the consummantion of a new Intergovernmental Agreement, creating the Ruedi Reservoir Water and Power Authority, and the approval of authority bylaws, copies of which are annexed; and WHEREAS, paragraph 10 of the proposed Intergovernmental Agreement provies that said Agreement shal operate to terminate and replace the Intergovernmental Agreement previously entered into by the parties creating the Ruedi Reservoir Water Authority, and WHEREAS, the proposed Intergovernmetnal Agreement provides that the Board of Direcotrs of the Ruedi Reservoir Water and Power authority shall be composed solely of elected officials who are serving on the governmental bodies of the entities which are parties to the Agreement; and WHEREAS, the health and welfare of the citizens of the City of Aspen, Colorado, will be served by the consummation of the new Intergovernmental Agreemen providing for the creation and operation of the Ruedi Reservoir Water and Power Authority and the approval of the proposed bylaws and the appointment of a member of the City Council to the Authority's Board of Directors. NOW, THEREFORE, BE IT RES ~VED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: S~ction 1. The terms and conditions of the annexed Intergovernmental Agreement providing for the creation and operation of the Ruedi Reservoir Water and Power Authority nad proposed bylaws be and the same are hereby approved, and the Mayor is hereby authorized and directed to execute the agreement on behalf of the City of Aspen. Section 2. is hereby appointed to the Board of Directors of the Ruedi Reservoir WAter and Power Authority. ~egu±ar Meeting Aspen City Council . March 23, 1_~2~ Councilman Behrendt moved to adopt Resolution 917, Series of 1981; Seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to appoint Susan Michael as Aspen's representative; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE 916, SERIES OF 1981 - Appropriation for Wheeler Opera House theatre Equipment Councilman Behrendt moved to read Ordinance 916, Series of 1981; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~16 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $12,000 FROM CURRENT YEAR FUND BALANCE IN THE REAL ESTATE TRANSFER TAX FUND AND APPROPRIATING REAL ESTATE TRANSFER TAX EXPENDITURES IN THE AMOUNT OF $12,000 was read b~:~the city clerk Councilman Behrendt moved to adopt Ordinance ~16, Series of 1981; on first reading; second~ by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Van Ness, aye; Behrendt, aye; Parry, aye; Isaac, aye; Michael, aye; Mayor Edel, aye. Motion carried. RESOLUTION 914, SERIES OF 1981 - Approving citylManager~to Purchase Theatre Equipment Councilman Behrendt moved to read Resolution 914, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #14 (Series of 1981) A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE THEATRE EQUIPMENT FROM DONALD SWALES FOR THE SUM OF $12,000 WHEREAS, the City of Aspen desire to purchase from Dona]d Swales the theatre equipment described in the attached bill of sale for the sum.of Twelve Thousand Dollars ($12,000) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1~ The City Manager is hereby authorized and directed to transact the purchase of the theatre equipment described in the attached bill of sale for the sum of Twelve Thousand Dollars $12,000 was read by the city clerk RESOLUTION 915, SERIES OF 1981 - Aspen Highlands Skiing Corporation WAter Agreement Councilman Behrendt moved to read Resolution ~15, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #15 (Series of 1981) A RESOLUTION APPROVING AND DIRECTING THE MAYOR TO EXECUTE AND AGREEMENT BETWEEN THE CITY OF ASPEN AND THE HIGHLANDS SKIING CORPORATION RESOLVING A DISPUTE OVER THE OWNERSHIP AND EXERCISE OF THE NESTELL WATER RIGHT AND THE STEIN-ARLIAN AND MAROLT WATER RIGHT AMD PROVIDING TERMS AND CONDITIONS FOR THE USE, MAINTENANCE AND OWNERSHIP OF THE MAROON CREEK FLUME, THE MAROON CREEK PIPELIN, AND VARIOUS EASEMENTS AND RIGHTS-OF-WAY THEREFOR was read by the city clerk RESOLUTION 916, SERIES OF 1981 - Aspen Highlands Water and Sanitation District Agreement Councilman Behrendt moved to read R~solution ~16, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #16 (Series of 1981) A RESOLUTION APPROVING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ASPEN AND THE HIGHLANDS WATER AND SANITATION DISTRICT FOR THE SUPPLY OF TREATED WATER WHEREAS, the City of ASpen ("City") and the Highlands Water and Sanitation district ("District") desire to enter into the attached agreement providing for the supply of treated water to the District by the City' and WH~ EAS, the best interests of the City will be served by the consummation of the annexed agreement between the City and the District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. The attached agreement between the City of Aspen and the Highlands Water and Sanitation district is hereby approved and the Mayor is hereby authorized and directed to execute the same on behalf of the city. was read by the City Clerk ORDINANCES ~8, 70/30 Small Projects Exemption Mayor Edel opened the public hearing on this; there were no comments; Mayor Edel closed the public hearing. Councilman Behrendt moved to adopt Ordinance #8, Series of 1981, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Parry, aye; Collins, nay; Behrendt, aye; Isaac, aye; Van Ness, aye; Mayor Edel, aye. motion carried 3062' Regular Meeting Aspen City Council March 23, 1981 ORDINANCE 910, SERIES OF 1981 H, Historic Designation W. J. Joint Venture Mayor Edel opened~i!the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~10, Series of 1981, on second reading; seconde~ by Councilman Isaac. Roll call vote; Councilmembers Parry, aye; Collins, aye; De~rendt, aye; Van Ness, aye; Mcihael, aye; Isaac, aye; Mayor Edel, aye. Motion carried. ORDINANCE #14, SERIES OF 1981 - Code A~endment to Section 20-22 Mayor Edel opened the public hearing. Gideon Kaufman said the purpose of this ordinance was for health and safety inspection, which he has no problem with. However, in talking with the building inspector, when he goes into a structure, he has the responsibility to make further inspections. Also this does not say when the improvements have to be made; this should be addressed. City Manager Chapman said the time element was left out because it will depend upon the type of improvements that have to be made; this will be assigned during the process. Kaufman said this initially was to address heath and safety concerns relating to residential units. The way it is drafted, if someone comes in with an office condominiumization, they still have to go through this. Council felt it should relate to all condominbiumizations. Councilman Behrendt moved to adopt Ordinance #14, Series of 1981, on second reading; secor ted by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Behrendt, aye; Van Ness aye; Collins, aye; Isaac, aye; Parry; aye; Mayor Edel, aye. Motion carried. LIQUOR LICENSE RENEWAL - Floradora Councilman Behrendt moved to approve the liquor license renewal for the Floradora restaurant; seconded by Councilman Parry. All in favor, motion carried. SISTER CITY ORGANIZATION Mayor Edel presented a letter from this organization. Council suggested Mayor Edel and Councilman Behrendt took at the proposal and prepare and answer. Councilman Behrendt said he would circulate the answer to Council. Councilman Isaac moved to adjourn at 9:25 p.m.; seconded by Councilman Parry. All in favor, motion carried. h, City Clerk