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HomeMy WebLinkAboutminutes.council.19810526Regular Meeting Aspen City Council May 26, 1981 Mayor Edel called the meeting to order at 5:10 with Councilmembers Michael, Behrendt, Isaac, Collins and Van Ness present. ACCOUNTS PAYABLE Councilman Isaac moved to approve the accounts payable; seconded by Councilman Collins. All in favor, motion carried. CITIZEN PARTICIPATION 1. Tim Cottrell, representing Pour la France, submitted pictures and a sketch requesting tables outside the restaurant on the sidewalk. Council suggested Cottrell write up a request for the next regular Council meeting. COUNCILMEMBER COMMENTS 1. Councilwoman Michael said that Congress is reconsidering the Clean Air bill; there is a alot of effort to dilute the strength of the bill. Councilwoman Michael asked that the city construct a resolution to send to Congress asking to hold fast on the Clean Air Bill. Councilman Behrendt moved to put this on the agenda; seconded by Councilman Collins. All in favor, motion carried. 2. Councilman Behrendt said he would like the Plum Tree task force put on the agenda for appointments. Various organizations have suggested members. Councilman Behrendt asked if Council wished to continue with this task force and do they wish to appoint commission members now. Councilman Van Ness said the city has been studying the Plum Tree and its uses for months, and he does not think the city needs another commission. Mayor Edel agreed. Councilman Behrendt moved to put this on the agenda at the end; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Van Ness. Motion carried. 3. Councilman Behrendt requested the Soccer club item be moved up on the agenda. 4. Councilman Behrendt moved to add computer memory to the agenda; seconded by Council- woman Michael. All in favor, motion carried. 5. Councilman Behrendt moved to add the communications agreement to the agenda; seconded by Councilwoman Michael. All in favor, motion carried. 6. Councilman Behrendt moved to add appointments to the Commercial Core and Lodging Commission to the agenda; seconded by Councilwoman Michael. All in favor, motion carried. 7. Councilman Behrendt pointed out the chip and seal program on Hyman avenue has collapse~ obviously from being on the bus route. Councilman Behrendt asked if there was a program to take care of this on Hopkins and on Hyman and any other streets the buses go down. City Manager Chapman told Council the street department is going to finalize the budget for the summer next week. Councilman Behrendt requested that the bus routes be driven. City Engineer Dan McArthur said there is no money for this year; it will be put into the five-year capital improvement budget. ~egu±ar Meeting 8. Councilman Behrendt brought up the bridge crossihg Castle Creek~ one side of the bridg is very dirty. Jim Holland, parks director, tQld CoUncil his department does not touch the south side, only maintains the north side. Co~nc~man Behrendt Said people ride bicycles on both sides and asked if the city could Clean it. Mayor Edel suggested contact- ing the state for help. 9. Councilman Behrendt said when the water plant housing was approved initially, the idea was these apartments were to have fully equipped kitchens. Washers were not put in. A discussion was made to eliminate garbage disposals. Councilman Behrendt said he would like the units to have garbage disposals. Councilman Behrendt moved to add this item to the agenda; seconded by Councilwoman Michael. All in favor, with the exception of Councilmembers Van Ness and Isaac. Motion carried. 10. Councilman Isaac said he understood the county is not partaking in the Maroon Bells bus service this year. Councilman Isaac said he would like to know if the city is willing to take over some of the bus services and make sure it continues. Mayor Edel said Duane Fengel is to come to Council with an analysis of the service for a decision. Chapman said the staff is looking at a number of options and trying to figure out how to run the pro- gram up there. Right now there is a shortage of mechanics. Councilman Van Ness said he felt it was a dangerous precedent for the city to bail out the county fOr what is a county function. 11. Councilman Isaac said there is a COG meeting Thursday, and Council will need to appoin~ a representative from the new Council. COMMUNICATIONS AGREEMENT Jim Fitzgerald, communications director, told Council this is an agreement for 1981, which is basically the same as it has been since 1976. They are reverting back to the communica- tions director reporting to a communications board, which is 3/5 law enforcement members. This satisfies the CBO so that they can have a terminal in the communication center. Fitzgerald is a sworn officer. Chapman said they have been operating the center with a Board before; it does not change anything is substance. Councilman Behrendt moved to approve the communications contract; seconded by Councilwoman Michael. All in favor, motion carried. APPOINTMENT OF COMM~REIAL CORE AND LODGING COMMISSION Councilman Behrendt said the Council had interviewed nine people for this new Commission. Councilman Behrendt moved to nominate Gary Plumley, Dennis School, Mary McCarten, Tom Iacono, and Marvin Jordan; seconded by Councilman Isaac. All in favor, motion car. ried. CONTRIBUTION OF WATER COSTS - Aspen Soccer Club Jim Holland, parks director, told Council the Soccer field at the Airport Business Center has financial problems. The field was built~0 take pressure off the fiefs in town and has done so. The fields could not have absorbed all the activities with the increased interest in soccer, softball, lacrosse, etc. Holland told Council the costs to water the field were $2500 for May 19~80 through April 1981. There is an unpaid balance from 1980. Lois Butterbaugh pointed out they have other operating costs up to $7800 per year and are only asking the city to pick up the water costs. Councilman Behrendt asked if the staff looked at any other pricing structure. Ms. Butterbaugh noted the field is in the county and they are paying double charge. Ms. Butterbaugh said the use of this field would be taking place on city recreation fi'elds. There is no flexibility in city schedu- ling of fields and the recreation department would have to cut back on present programs if this field was not available. Mayor Edel asked if there was a contribution from AcDS. Peter Rice said they contribute about 1/3 of the costs, which is what they use in September and October. Councilman Van Ness asked how often the field was available for the recreation department. Rice said when they need the field, they call and ask for it. It is usually available during the day. Councilman Van Ness said it seemed like the city is not losing water but gaining another park. Councilman Behrendt moved to contribUte fOr one year only the amount outstanding and have the contribution from Council equal to the water bill; seconded by Councilman Van Ness. Ms. Butterba~gh told Council that $3880 will cover what the soccer club owes now. All in favor, motion carried. Councilman Behrendt prQposed the water department recognize this as a quasi-governmental body with the appropriate water rate charge. Also the water department pursue pumping raw water from the city's water rights on the Roaring Fork for next year. Mayor Edel suggested Ms. Butterbaugh investigate this and come back to Council with a more permanent resolution CASTLERIDGE - GARBAGE DISPOSALS Jim Reents reminded Council the city had issued bonds three months later than anticipated for this project. The bids came in for construction, and this was $200,000 to 250,000 over the bond issue. The project was reevaluated and renegotiated to cut money where possible. One of these items was garbage disposals; not only is there is cost for the item and installation, but almost an equivalent cost in tap fees and PIFs. There is an individual monthly fees for the disposals. This would have been a cost saving of $8,000 to $10,000. The electrical connections and switches for garbage disposals were retained and are installed. Reents said installing individual garbage disposals at this time would cost $10,000. Reents said the budget for Castleridge is stretched very thin at this time. Regul~!~g ~pgn~.Cit3 council rM~__~1981 Mayor Edel asked where the money would come from, could this be borrowed from another funds. Ms. Butterbaugh said Castleridge is already borrowing from some funds. This could be incorporated and charged off the next five years rent increases. Ms. Butterbaugh also suggested if an individual wanted to put one in, the city could reimburse then when they moved out. Councilman Behrendt said that could be a managerial nightmare. City Manager Chapman pointed out two things that went into the decision not to have garbage disposals; the maintenance of them, and the environmental position that says garbage disposals are not good. Councilman Behrendt moved that for the employee housing, garbage disposals are put in and it be charged to the next five years rent; seconded by Councilwoman Michael. Chapman pointed out the cash flow on the overall project is not good; the staff is lookin~ at advances from other funds. Ms. Butterbaugh pointed out there are municipal companies the city buys from on lease/purchase. This could be looked into. Councilman Isaac said garbage disposals would be creating a maintenance problems. Councilman Van Ness asked what the tenants felt. Alan Richman said a washer/dryer would be more important; next dr~pes; next landscaping, sidewalks, etc. Councilmembers Behrendt and Michael in favor; Councilmembers Van Ness, Isaac, Collins and Mayor Edel opposed. Motion NOT carried. CASTLEWOOD/HEADGATE - RBO ORDINANCE ~28, SERIES OF 1981 Sunny Vann, planning director, reminded Council this item was tabled from the last meetin¢ There are four outstanding approvals; rezoning, final PUD/subdivision; exemption from growth management for the 70/30; subdivision approval for condominiumization of the free market units. Vann noted the underlying density is 102 units; the applicants are propos- ing 104 units. This was tabled for first reading to see if the applicants desired to continue the rezoning to RBO. The staff checked the original P & Z approval and has determined that the proposed density could be reduced to less than 104 units. The appli- cant has decided they can live with 100 units and have withdrawn their request for rezon- ing to RBO. There is no action required this evening; the application will come back in June with the outstanding requests. There has been scheduled a work session for May 28 to go over the entire PUD/subdivision agreements. Jeff Sachs, speaking as the attorney for the Aspen growth management foundation, told Council there are two basic problems with this project. The Aspen growth management foundation is a group of city and county residents formed as a non-profit organization to oppose this as a problems. They have also participated in "Save the Victorians". Sachs said he felt this project (Castlewood/Headgate) is probably premature. There are units at Castleridge sitting empty; so the 70 employees units at Castlewood are probably premature. Sachs stated the main issue is upzoning. This land was zoned AF2 in the county, equivalen to city zoning, RR. The AF2 zoning means one unit per two acres and would have had 17 units in the county. By annexation and changing the z~ning to 102 units is an upzoning of 600 per cent. Sachs said the City has plaCed an unfair burden on that particular neighborhood of the city to bear a disproportionate share of the employee housing solution Sachs said since 1977 there has been no precedent for upzoning of this magnitude; the city is defeating density of the growth management plan by what they are doing. This is spot zoning and a virtual gift to the owner of the property. Sachs stated things are happening which are alleviating the emergency in the employee housing problem. Sachs said the Council should defeat this and urge the applicant to come back with a different zoning. This project is appropriate for some employee housing on a proper scale. ASPEN INN GMP AMENDMENT Sunny Vann told Council the attorney has asked this item be tabled. The planning office would support this request and they are looking into the problems with th~ applicant. Councilwoman Michael moved to table the Aspen Inn GMP amendment; seconded by Councilman Isaac. ~All in favor, with the exception of Councilman Behrendt. Motion carried. CONCEPTUAL SUBMISSION - Smuggler Trailer Park City Manager Chapman outlined the history of this application. The city first tried to process a friendly condemnation; after examination of the city's exposure, the Council asked a task force to explore other alternatives. The task force determined that any alternative the staff may come up with would involve new legislation. Council felt this was a problem they had to deal with and to plOw straight ahead. After negotiating sessions with the owners, an agreement was arrived at in October signed by the city, the trailer park owners, and the tenants of the trailers. Subsequently, there were meetings with the tenants and neighborhood groups; there have been modifications to the agreement. The only people the city has not been able to satisfy is the Smuggler Caucus group who remain steadfast that there should be no additions to the trailer park. Alan Richman, planning office, told Council the request is conceptual SPA and subdivision approval. They would like to break the park into four parcels. Parcel A is the main park with the existing units which will be turned into a cooperative. Parcel B is the one proposed to be dedicated back to the county which will be part of the Pitkin Reserve and the agreement. Parcel C is the parcel where 20 of the new 22 trailers will be located. Parcel E is where the Victorian will be moved to. The 22 new units will be deed restricted employee housing and part of the 70/30 deed restriction; the 70 going to the free market units at the Pitkin Reserve subdivision. Staff pointed out where the Pitkin Reserve area is to be, across the river from the Institute. This is another application, which has received conceptual PUD approval, and is following this application · ~uz~ ~-J=~u~l~9 ,~aspen ulty Council May 26, 1981 Richman told Council the 22 new units along with the deed restriction placed on the exist- ing 88 units, will provide the mechanism for the 19 free market units to be created. Twelve of the free market units have been identified at Pitkin Reserve; the other seven do not have a site yet. ~P~ichman outlined the process for the application, which will include new legislation for 90/10 exemption and probably some mobile home code amendments. The engineering department is concerned with the internal circulation, adequate fire safet~ access. The present proposal is an improvement over past ones; the engineer feels all parcels should front on a public or private street. Richman provided a map demonstrating the external circulation, which may be more of an issue. The residents feel that Gibson, Neal and King streets are deficient. Richman told Council the county, in the Silverking settlement, is moving toward a large development. The county is looking at ways to impro~ the circulation. As a P & Z condition, the applicant was to enter into negotiations with the county so as not to preclude the use of some land for roads. These negotiations are continuing. If they are not successful, the county will pursue other options for the road. Rick Ferrell explained to Council that the county is still negotiating; they may be interested in some other land trades. Richman said another issue to be dealt with is the duplex trailer arrangement proposed in parcel C. There is no code provisions for that; a code amendment will have to be processed. Richman told Council in the utilities area, the staff has had cooperation from the applicant. The water system was adequate; but sewer, electric~ gas, drainage and roads all need to be upgraded, which the applicant has agreed to. Mayor Edel asked when this work would start. John Hawkins told Council the agreement outlines that the improvements will be carried out with the funds generated by the sale of the existing park. Richman told Council there are other engineering concerns. The parcel E is proposed at 10,000 square feet. The <~surrounding zoning is R-15 and if it is zoned R-15 would cause a non-conforming lot. This lot should be brought up to standard. P & Z said a deed restriction could be put on the house. Richman told Council there is not a specific hous- ing guideline yet. Richman said the housing directors are working towards placing restric- tions on the eligibility of the buyers on resale of the units rather than the price of the units themselves. Richman pointed out the trailers were bought at a free market rate and the land cost is controlled. Councilwoman Michael said she does not want any agreement made until these guidelines come back to Council. Richman said another issue is having to meet standards for mobile home parks. The applica~ is trying to meet all the codes; however, they will not be able to meet all codes. They are trying to inventory all areas where they are not meeting the codes. Another issue is that a trailer does not front on the roadway system; the site plan should be revised to do that. John Hawkins said they agree with all the concerns and are fulfilling all the requirements of the planning office. Brooke Peterson said he is concerned with the unit that may have to be moved~- it is already crowded in the park. Peterson said he did not feel the mobile home park code was appropriate and should be looked at. Peterson told Council his clients are concerned with the eligibility and the resale restrictions. Councilman Isaac moved to approve the request for SPA conceptual subdivision review for th~ Smuggler mobile home park subject to the fourteen conditions listed in the planning office memorandum of May 18, 1981; seconded by Councilman Van Ness. All in favor, with the exception of Councilman Collins. Motion carried. RESOLUTION ~27, SERIES OF 1981 - Accepting Bids for water City Manager Chapman told Council this is the first phase of the implementation of the water management plan. The engineering work has been done. The bids have been tabulated and staff will get Council's approval. The first year's work will all be on distribution, pipes, mains, etc. The low bid for this phase is $1,916,000. Rich Cassens told Council the Aspen Skiing Corporation is .reimbursing the city $45,000 for part of this project. Chapman told Council the money will come from a bond sale, hopefully in July. Mayor Edel said he wanted to see some competition in the bond market. Councilman Isaac moved to read Resolution #27, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. RESOLUTION #27 (Series of 1981) A RESOLUTION APPROVING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT BETWEEN K. R. SWERDFEGER CONST UCTION, INC. AND THE CITY OF ASPEN SETTING FORTH THE TERMS AND CDNDITIONS FOR THE 1981 WATER MANAGEMENT PLAN PROJECTS WHEREAS, there has been submitted to the City Council a contract between K. R. Swerdfeger Construction, Inc. and the City of Aspen setting forth the terms and conditions for the 1981 water management plan projects, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does approve th~ contract between K. R. Swerdfeger Construction, Inc. and the City of Aspen setting forth the terms and conditions for the 1981 Water Management Plan projects which is attached hereto and incorporated by this reference; and does further authorize and direct the Mayor to execute said contract on behalf of the city of Aspen. Councilman Isaac moved to adopt Resolution #27, Series of 1981, conditioned upon approval of the contract by the city attorney; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Behrendt asked if there was a time table for this. Cassens said all the work will be complete by November 10. Councilman Behrendt asked to try to be as least disrup- tive as possible. Chapman told Council there is a management team set up to review this project on a weekly basis. LEAGUE OF WOMEN VOTERS Regular Meeting - -'~spen ulsy t~unuli ~l~3 ~u, LEAGUE OF WOMEN WATERS Pat Fallin, .representing the Board, told CounCil the Board is concerned with the disregard of the campaign laws and with the low voter turn out. The Board felt a study of all -' elections issues is warranted. The Board proposed to form a citizen group to study and present a formal report to Council with recommendations on campaign spending, terms of office, dates of elections, and combining elections. CouncilWoman Michael moved to approve the creation of an election review committee to be run by the League of Women Voters and Ms. Fallin work with City Manager Chapman; seconded by Councilman Behrendt. All in favor, motion carried. CLEAN AIR LEGISLATION Councilwoman Michael told Council the Congress is studying the clean air legislation. Tom Dunlop told Council the county passed a resolution supporting the Colorado Clean Air Coalition to monitor the discussions in Congress on rewriting the clean air act. They are trying to make sure this law does not get diluted to the point where it is ineffective The Clean Air Coalition is asking for some financial support in the area of $200. Councilwoman Michael moved to direct the city attorney in concert with Pat Falling to draft a resolution saying the city does support a strong, Viable clean air bill and con- tinuation of the major portion of the bill; seconded by Councilman Behrendt. All in favor motion carried. Mayor Edel brought up the Sagebrush rebellion and asked if the League was doing anything about it. Ms. Fallin told Council the.bill-has passed both houses. If the city is opposed to it they should write Govenor Lamm telling him they are opposed and wish him to veto Councilman Behrendt moved to direct the Mayor to draft a letter and send it immediately to Govenor Lamm letting him know the city's position on the Sagebrush rebellion, which is negative; seconded by Councilman Collins. ORDINANCE ~30, SERIES OP 1981 Councilman Behrendt moved to read Ordinance #30, Series of 1981; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~30 (Series of 1981) AN ORDINANCE AMENDING SECTION 5-28(a) AND SECTION 5-31 TO INCREASE THE CHARGE FOR ISSUING OR TRANSFERRING A DOG TAG FROM $2.00 TO $5.00 FOR AN ALTERED DOG AND $10.00 FOR AN UNALTERED DOG; AMENDING SECTION 5,45 TO INCREASE THE IMPOUNDING FEE FROM $5.00 TO $15.00 FOR THE FIRST DAY AND FROM $5.00 TO $10.00 FOR EACH ADDITIONAL DAY; AND AMENDING SECTION 5-68(c) TO ESTABLISH A NEW PENALTY ASSESSMENT SCHEDULE FOR FAILURE TO COMPLY WITH THE PROVISIONS OF CHAPTER 5 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilman Behrendt moved to adopt Ordinanc~ ~30, Series of 1981, on first reading; seconded by Councilman Isaac. Lisa Russell told Council the animal control department should be supported by the animal owners. This increase should doulbe the revenue coming in from animal owners. Councilman Van Ness said the city ought to give people a:break and leave the fines where they are. Russell told Council the animal control department is hoping the fines are increase so much people won't want to get their dogs picked up so many times. Roll call vote; Councilmembers Michael, aye; Behrendt, aye; Van Ness, nay; Collins, nay; Isaac, aye; Mayor Edel, aye. Motion carried. CITY MARKET - FINAL PUD SUBMISSION Jack Johnson, planning department, t01d Council~this is a request for final PUD approval as well as an encroachment license. Conceptual PUD went to P & Z and was recommended for approval for variances to open space requirements and reduction in parking space require- ment in order to accommodate an expansion of the building. In March, Council concurred with P & Z. P & Z recommended 35 parking spaces in the final plat. Johnson told Council the P & Z and planning office recommend approval of the final plat subject to the three conditions in the memorandum and that the applicant enter into a PUD agreement with the city setting forth conditions and features of this PUD final plat agreed upon by both parties. Councilwoman Michael moved that City Market's final plat be approved subject to (1) compliance with the engineering department memo dated May 14, 1981; (2) compliance with engineering department memo dated February 3, 1981, as modified by the P & Z April 21, 1981, and consented to by the applicant, and '(3) the encroachment license being approved as to form by the city attorney prior to signature by the Mayor; and (4) that the applican' enter into a PUD agreement with the city~se:tting forth the conditions and features of this PUD; seconded by Councilman Van Ness. All in favor, motion carried. BANDIT UNIT Dick Gustafson told Council he had just returned from vacation and the housing unit he had been staying in was closed as an illegal unit. Mayor Edel suggested Gustafson start with the building department or the city attorney to follow through. Regular Meetinq Aspen City Council May 26, 1981 ORDINANCE ~29, SERIES OF 1981 - Rio Grande Design Contract Councilman Behrendt moved to approve the agreement and its addendum; seconded by Council- woman Michael. Councilman Van Ness said the city does not have money to build all this and it will never happen. It seems to be a waste of money. All in favor, with the exception of Councilman Van Ness. Motion carried. Councilman Behrendt moved to read Ordinance ~29, Series of 1981; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~29 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $10,000 FROM FUND BALANCE OF THE LAND FUND FOR RIO GRANDE STUDY EXPENDITURES was read by the city clerk Councilman Isaac moved to adopt Ordinance ~29, Series of 1981; seconded by Councilwoman Michael. Roll call vote; Councilmembers Van Ness, nay; Michael, aye; Isaac, aye; Behrendt aye; Mayor Edel, aye. Motion carried. LIQUOR LICENCE APPLICATION - Red Robin at the Red Onion Councilwoman Michael stepped down from the table. Mayor Edel opened the public hearing. City Clerk Koch reported the posting, publication and file to be in order. Lee Schumacher representing the applicants Doug Betzhold and John Beaupreo The applicants have various liquor establishments in western state. Schumacher presented petitions and told Council this establishment has been licensed since at least 1951. The license lapsed with the change of ownership. Betzhold said they planned a hamburger-type operation and had only leased the old bar and restaurant side. Mayor Edel closed the public hearing. Councilman Behrendt moved that based on the evidence presented at the public hearing held May 26, 1981, relating'to ~he ~p~lication of the Red Robin at the Red Onion for a beer, wine and liquor license, the City Council finds that the needs of the community have not been met and the license ~s apPlied for is hereby granted; seconded by Councilman Isaac. All in favor, motion carried. SUBDIVISION EXCEPTION - Epicurean Jack Johnson, planning office, this is a proposed condominium for a building located on Main street between the Whale of a Wash and the Epicure restaurant. The property is zoned CC with an historic overlay. The property received a commercial GMP allotment of 10,041 by Council in November 1979. The applicant is requesting that the building be condominiumized into 21 spaces prior to construction. Jeff Sachs told Council there will be 8 units on the first floor, one basement unit, 9 units on the second floor which have been designated as offices and 3 residential units on the top floor which will be employee housing. Councilman Behrendt asked about the parking requirements. Johnson said there is no requir~ ment for parking spaces for the commercial space. The parking for the residential is generally determined upon special review. Sachs said the growth management plan applica- tion was approved without parking. Johnson said he did not have the history of this project. Councilman Behrendt moved to table until the next meeting; seconded by Councilman Isaac. Sachs said the two-year time limit for the GMP allocation is about t~ expire. This is a surprise issue. Councilman Van Ness said it would be fair to give a two week extension. All in favor, motion carried. SUBDIVISION EXCEPTION - Buckwheat Collette Penne, planning office, told Council the Buckwheat is located on highway 82 just east of the Cooper Avenue bridge. This is an eight unit building. The building inspector has done a site inspection and will draft a letter outlining what work will have to be done. The planning office recommends approval subject to the requirements of Section 20-22 Several corrections to the plat will have to be made before recording. The applicant has submitted a letter with the work that will be done to the building. Councilman Behrendt moved to except the Buckwheat Subdivision from full compliance with the subdivision regulations for purposes of condominiumization subject to the following conditions; (1) full compliance with the requirements of Section 20-22; (2) meet all requirements set out by the city engineer before final recordation of the condominium plat and agree to join an imporvement district should one be formed, (3) complete all repairs outlined by the building inspector in the attached (or any additionas made by May 26) prior to the sale of any unit; seconded by Councilman Isaac. Councilman Behrendt asked if the applicant agreed to all the conditions. Gideon Kaufman told Council he does; some substantial improvements are being made to the building. Kaufman said he has questions with the ordinance regarding health and safety inspections. Kaufman said he is concerned about the total discretion given to the building department. All in favor, motion carried. SUBDIVISION EXCEPTION - Parry Alan Richman, planning office, told Council this is a condominiumization request in the R-30 zone on Sneaky Lane along Castle Creek river. This is a 52,000 square foot lot and the request is to condominiumize an existing duplex. There are corrections to be made to the condominium plat. Section 20-22 should be complied with. The applicant states the units have not been rented within the guidelines; one is owner-occupied, the other is empty. Richman outlined the building inspectors comments. Prior to any review by P & Z, the applicant made numerous corrections. P & Z did an inspection and all violations were brought up to standard. Councilman Behrendt moved to approve the request by Carolyn Parry for subdivision excepti¢ for the purposes of condominiumizing her duplex subject to the following conditions; (1) the applicant agreeing that the units shall be restricted to six month minimum leases with no more than two shorter tenancies per year; (2) the applicant agreeing not to lock off the bedrooms in the north unit, instead utilizing them as a single two-bedroom condo- minium unit while also not creating a second residence in the south unit; seconded by Councilman Collins. All in favor, motion carried. COMPUTER MEMORY Tom Okun told Council the Commissioners had approved this proposal. The proposal is to replace the existing computer memory with a technologiclly superior memory. As a result of this replacement, money will be saved in the future because the maintenance cost are much lower. The annual savings over the next five years will be $38,880. It will cost $18,000 to replace the memory. Mayor Edel asked where the money will come from. Ms. Butterbaugh said the city is saving $2700 from this year's maintenance costs which can be applied..> About $3500 can come from the water management fund and the remainder will come fro~ '~e general fund. " Councilman Van Ness moved to approve the purchase; seconded by Councilman Collins. All in favor, motion carried. WHEELER FINANCING CitY Manager Chapman told Council for purposes of planning on bids, dealing with the architect this looks like a need of $2,000,000. Chapman said the staff is still operatin¢ with estimates, and this cannot be tuned any fi~er without going to bid. Chapman said the Council should prioritize the Council additions. The staff can get bids and see what can be done for $2,000,000. Councilman Van Ness said Cou~il has had a hard time with thi process; the city should see how much money they have to spend and then spend it. Chapman said this will depend on what happens when they go to the bond market and the confidence of RETT .backed bonds. The Council should prioritize the list and go for it. Councilman Van Ness said it could be when the city has completed the health and safety work, there may be no money left. Chapman requested the prioritiex. CONSENT AGENDA Councilwoman Michael moved to approve the consent agenda except for two items taken off. The consent agenda items are (1) Louis Popish ' Mayor's Deed, (2) Liquor License transfer Florador, (3) Mall leases for Aspen Mi~e C~pa~-, Paragon, Chisholms and Red Onion; (4) liquor premise modification - Andre's, (5) liquor license renewal - Aspen Drug, and (7) Ordinance #27, Series of 1981, Water Rates to Water Districts; seconded by Councilman Behrendt. All in favor, motion carried. 19th GREEN - Assignment of lease Chapman explained this was requested by the bank as collaterol. Councilman Van Ness moved to approve the assignability of the lease; seconded by Councilwoman Michael. All in favor with the exception of Councilmembers Behrendt and Collins. Motion carried. ~RDINANCE ~26, SERIES OF 1981 - Employee housing in lodges Councilman Van Ness moved to adopt Ordinance ~26~, Series of 1981; seconded by Councilman Isaac.' Roll call vote; Councilmembers Michael, aye; Van Ness, aye; Behrendt, nay; Collins, nay; Isaac, aye; Mayor Edel, aye. Motion carried. PLUM TREE TASK FORCE Councilman Van Ness said he wanted the Plum Tree task force disbanded. Chapman told Council based on their decision, if the question passed in the election, Council wanted to open this up to all takers, not just the earlier proposals, for both lease and Purchase Since the staff was going through that exercise and it was a close election, Chapman suggested a task force. Councilman Van Ness said he felt this committee would be reinvent ing the wheel and is a waste of time. Councilwoman Michael pointed out the majority of Council voted to go with the questions and to have a task force. Councilman Collins said he had reservations about going this way. Councilman Collins said the Council should have a study session to see if there is a b~sensus'~n what should be done out there. Mayor Edel agreed this is the Council's job. . Councilwoman Michael moved to establish a Plum Tree task force; seconded by Councilman Isaac. Councilmembers Michael, Isaac and Behrendt in favor; Councilmembers Collins and Van Ness and Mayor Edel opposed. Motion NOT carried. Councilwoman Michael moved to adjourn at 9:35 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. Kathryn ~h, City Clerk