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HomeMy WebLinkAboutminutes.council.19781211Regular Meeting Aspen City Council .~,~v~ ~n=, 1978 Mayor Standley call the joint meeting together at 4:10 p.m. with Commissioners Child, Edwards, Kinsley, Councilmembers Anderson, Isaac, Behrendt, Parry, and City Manager Mahoney County Manager Ochs, City Attorney Stock and County Attorney Stuller present. COG report 1. COG Report. Tom Glass, Director of Region 12 COG, reported to the Boardsthat the deficit which COG began the year with has disappeared through charging back to the programs. Glass said he expected a surplus for the coming year of about $14,000 which will be applied to the transbasin diversion issue through 208. Glass said he had been working of a ski lift user tax bill. There is a meeting next week in which communities will get together with representatives of public affairs committee !!Ski Lift user of Colorado Ski Country/USA to come up with a formulation of a bill. Glass said he felt iltax bill the ski industry is leaning towards accepting the tax with the conditions (1) statewide rather than local option, and (2) ear marked to transportation, employee housing, multi- seasonal economy and sewer and water. The question of distribution may be mandatory consultation between the counties and the towns. Glass said he felt that distribution is a hard issue. Councilman Isaac asked about the 208 litigation on Windy Gap. Glass said the proponents of the issue have put it off until next spring. They did not begin construction this fall!i as planned, which is good for COG's side. Commissioner Edwards said he had a much better feeling about COG since Glass has taken over. Glass recommended that Snowmass, Aspen, and~ Pitkin County work on the distribution prior to the meeting in Steamboat, at this session they plan to hammer out language for a bill. They need to come up with an approach that all communities affected by the ski industry can live with. The obstacles will be ear- marking and distribution. 2. Employee Housing - Under the Bridge Proposal. Mark Danielsen introduced the concept of under the bridge employee housing, which is an innovative idea which could be a major step in addressing employee housing problem. There would be 218 units located under the ~m~p±oyeenous~ng Castle Creek bridge. There are several financing techniques that could be used to flnanceilunder the Bridge the project, outlined in a memorandum. The project could have three potential uses; (1) i!proposal condominiums which could be sold to individual employees, (2) rent individual rental units, (3) a coop could be formed by the Chamber or non-profit housing authority. Danielsen said the project would be close to $9,000,000, with inflation this would increase about $1,000,000 per year. Don Ball presented his "no-rise" basically taking space under the Castle or Maroon creek bridges and provide 218 units of employee housing, develop a 60 per cent solar efficient structure, provide close to 100 per cent of the domestic water supply, take solare energy collected from south facing greenhouse and pump through concrete pipes for the flooring system. As far as the flood plane,the Army Corps of Engineers stated the 500 flood would be 6 feet about normal level; the lowest floor is 20 feet above the creek. Ball said he would hire an accoustical consultant to help with the road noises; they would have deflector wings on the bridge for that purpose. The space in the center would be a winter garden for visual interest as well as a social center. The mix of units is totally flexible and has not been finally selected. Each unit would feature a greenhouse. Ball pointed out the auto disincentive design has a people bridge with four over-sized elevators. The parking shows approximately 100 stalls at the base. Ball said he could not finalize any kind of design because there is no survey. Ball said he felt the close in location of the project would reduce the traffic on highway 82, would bring employees back up valley, would reduce some downtown parking pressures, and relocate a tax base backI in the Aspen area. President Carter's energey bill would allow a 10 per cent federal credit as a deducation for solar items in a structure. Mayor Standley asked if the planning office had looked at this. Ms. Smith said one problem is that this seems to straddle two jurisdictions, plus having the interests of the state expressed. Other problems that would have to be addressed are (1) heighth restriction, although this may be unique because it is a "no-rise". It seems to be invisible from everywhere but the Castle Creek valley ~loor. (2) Access will be a problem (3) It is contrary in terms of density to the surrounding land uses. The proximity to town does have some advantages. Ms.i Smith suggested combining this with other community facilities. They may look at this with respect to alternative locations, and forward it through both the city and county subdivision procedures. An application to comply with both jurisidictions requirements must be drawn up. Mayor Standley asked if there was interest on either bodies. Commissioner Kinsley said there needs to be a change in the amount of employee housing that is being built. Kinsley said he would look at this in the context of an equal number of units elsewhere and what the impacts would be. Kinsley said he personally like the concept. Kinsley said he E~oloyee felt the costs would be difficult to measure because of the innovative nature of the iHousing project. Kinsley suggested diverting some of the square footage to expanded community ~:Under the facilities such as the jail, sheriff's office, library. Kinsley pointed out he felt the Bridge parking was inadequate, the air pollution fallout might be significant, also snow removal off the bridge has to be addressed. Kinsley said the Boards should be willing to look at what the alternatives are. City Attorney Stock said he had sent these diagrams to Dick Prosence, state highway department, who is cataloging some of the negative impacts for plans the highway depart- ment might have for this structure, The heating of the structure may solve some of the snow removal problem. One of the state's major problems is one of liability. Prosence is looking at the life of the structure; this creates problems for the maintenance of the structure. Stock pointed out there would be a requirement of acquisition of property; the state has a 60 foot right-of-way. There would be the requirement to purchase property on the south and north sides and determine which jurisdiction it would go in terms of construction. Stock noted there are two houses down there which would have to be purchased in order to allow this to proceed. Commissioner Kinsley said he would support a nominal sum provided to answer the questions raised by this project. Councilman Behrendt pointed out there is no reason why this has to be done by the government. Kinsley said the items to be analyzed in the housing advisory board memo would have to be analyzed anyway. Kinsley said he would like to avoid having the government build the~build. Danielsen told the Boards the request in the memorandum are in terms of staff time and effort. Kinsley said to areas to consider are physically and financially does it work, and is it politically acceptable. Danielsen said a legal boundary survey and topo maps are needed. Mayor Standley suggested having the planning office with Danielsen put together an outline of the process. The Boards can then decide whether to proceed. Commissioner Edwards said there are so many fundamental assumptions that have already taken place that have not been discussed. Edwards pointed out the city and county have never discussed getting together to build a 200 unit housing project. The Boards have not discussed whether they want a government-funded, giant housing project in the community. Edwards said he felt this particular proposal has a lot more complexity to it than convention construction. Edwards suggested looking at alternate proposals to leave out the highway department and historic designations. Edwards stated there are some underlying decision that are included in the proposal that the Boards have not yet confronted. Mayor Standley said these concerns he felt would be addressed by the planning office, such as appropriateness of the project, alternate location, appropriateness of the site, and whether the city and county are interested in working together. Councilman Behrendt said he would like to address the larger questions before the city and county plunge into any one project. Kinstey said the county is concerned about (a) do any units need to be built, (b) how many, (c) what site and what building. Mayor Standley asked the planning office to come back to the Boards with a reasonable date for a city/county housing discussion after an analysis from the planning office, housing office, and housing advisory board. Dr. Oden's proposal. Dr. Oden told the Boards he felt the necessity of getting the public involved in the availablity of employee housing. Oden said this would be a non-profit basis with private citizens. The employee housing could be built at cost on lands leased Employee housing from the city and county, there are 5 to 7 different sites in the city and county - rather Oden's proposal than having the impact all in one place. Oden said he would like to establish a non- profit corporation or foundation to build the buildings, run the buildings, arrange for financing by sale of non-revenue bonds. Oden said there would be only one building to design of around 30 units, and then spread through the city and county. Oden said he would like approval of the basic concept. If this is given, he will organize the corporation and will get people from each of the major industries in town on the Board. Oden said he would like this done without any profit for anybody except the contractors and workers. Commissioner Kinsley said he thought this was a great idea. Council concurred. Mayor Standley told Oden he should be part of the city/county housing! policy meeting, and then could structure his group from there. 3. Solid Waste Center User Fee Schedule. Brian Stafford told the Boards he had three items dealing with the dump. Number 1 is ratification by the City of the user fee established for the SWC in 1979; these have been approved by the Commissioners. So~id Waste The second item is an aluminium recycling program providing for reduction in user fees in Center Du~pUserl actual cash payments at the SWC for people who recycle aluminium. The third item is Fee Schedule how to split the subsidy for the SWC in 1979 between Aspen, Snowmass, and Pitkin County. Stafford presented the new user fee schedule for SWC. Councilman Isaac questioned the resident and non-resident auto body fee. Stafford said the SWC pays out for auto bodies received, and he is proposed the SWC pay out less to the non-residents that bring auto bodies. Stafford said resident proof is ZG license plates, driver's license. Stafford told the Boards he is trying to make the non-residents pay the actual cost of the SWC; the only other dump around is in Glenwood. Stafford told the Boards these fees had been in effect since January 1975. The operating costs have gone up 111 per cent. Kinsley asked for a comparison of rates to Glenwood's dump. Stafford said he had called the PUC for comparison of rates; Glenwood's dump was not listed on the chart. He felt the SWC was in line with the PUC list of rates. Council- man Behrendt asked what will happen to Aspen Trash, as they will pass on the increased costs to customers. Stafford said Aspen Trash can notify the PUC of an increase in costs; these rates are not effective for compactor trucks until April 1st. Regular Meeting Aspen Clty Council December 11, 1978 Councilman Behrendt moved to approve the new ra%e s~ructure; seconded by Councilman Parry. All in favor, motion carried. Mayor Standley asked if the dump was closed for free dumping and salvaging on Sundays. Pat Dobie said it was, and it just happened recently. Stafford said the County was think- ing about making a key available at the sherrif's or police department for Sunday dump use. Ochs said there is practically no use on Sundays except for salvaging. Councilman Wishart came in. Stafford said in Glenwood they are paying S.17 per pound for separated aluminium. The County feels it is appropriate to give an incentive and encourage everyone to recycle their aluminium. The County is proposing a program they pay the non-commercial resident SWC - aluminium users $.15 per pound for separated aluminium or take a reduction against bringing other recycling trash to the SWC. The county engineer will contract with a local service organization to program recycle the aluminium, and they would receive their profit by delivering the aluminium to Glenwood. Stafford attached a joint resolution asking for endorsement of this program. Commissioner Kinsley moved to approve the resolution endorsing the aluminium recycling program; seconded by Commissioner Edwards. All in favor, motion carried Councilman Behrendt moved to endorse the aluminlmum recycling program; seconded by Councilman Parry. All in favor, motion carried Stafford said the last item is subsidizing the costs approved; Stafford handed out a cost Solid Waster sheet. The subsidy required from local government will be $26,000 divided between Aspen~ Center Snow~%ass, and Pitkin County. The county sales tax is earmarked in part to be used to Subsidizing subsidize the operation of the SWC. Stafford proposed to allocate 75 per cen~ of the cost according to resident population and 25 Der cent allocated to the number of tourists non- resident beds. The costs for 1979 would b~ 10,697 City o~ As~en~ ~4-231 Snowmass. and $11,682 Pitkin C~unty. This tries to recognize the amount of trash generated by resident versus non-resident. Ms. Butterbaugh told the Boards that her staff has not seen any of this, and the City budgeted for the SWC over a month ago, she has a problem with a whole new proposal. Stafford said this should be less than was anticipated. Mayor Standley said the City will take this under advisement. Stafford told the Boards he had done a reference check on International Systems Inc., and it came back highly favorable. All cities and towns had commented the organization was very responsive. Councilman Behrendt moved to go for the contract with ISI; seconded by Councilman Parry. All in favor, motion carried. 4. Funding Request - Gravel Pit Study. Pa~ Dobie told the Boards this request is to fund a reconnaissance study of sand and gravel deposits in the county, to identify sites that ~equest for fund~ amy be developed as a future municipal location. The advantage is that this gravel could gravel, pit be used to reduce competition in bidding in the valley and to substitute sand for cinders study in winter maintenance. Mayor Standley asked if this study was likely to turn up anything that private enterprise has not discovered. Hal Clark told the Boards there has been a significant amount of research done by Elam and Korn for possible sites. Elam has proposed a new gravel site on the Woody Crrek area. Clark said he felt the location of a gravel site is dependent upon land use factors rather than geological factors. The proposed sites list has a great deal of controversy over several of the sites, and this is land use decision. There are millions of tons of gravel in Pitkin County. Clark pointed out the only snad deposit he knows of is at the Benedict site; someone should get that reapproved as a sand site. Clark stated there are some advantages in having competition for gravel. Elam's position is that the Vagneur site might offer this. The Elam present site is quite difficult to work. Clark said he had discussed with Aspen, Snowmass and Pitkin County the possibility of leasing back to the governments some area of the Vagneur site or opening it for competi- tive bidding on local projects. Clark told the Boards if they were not certain on where the sites are, it would be valuable to have an objective study~ Clark said he felt this would boil down to four sites for gravel; the present Elam site, the Vagneur site, the Mills site, and the dump site. City Engineer Dave Ellis concurred this is really a land use question, ultimately a county land use decision. The County P & Z is very unfavorable to al~ the sites listed. Ellis said he felt the land use decision should come before a decision for the study. Nick Lampiris said he felt that without a map showing all the locations, he did not feel a decision could be made. Land use must follow the raw data. Councilman Isaac said it doesn't sound practical to do a survey in the winter. Mayor Standley said he feels this is a private sector problem, and he has no interest in funding this study. Mahoney said the city and county use about 90 per cent of the gravel in the valley, and it is a problem if there are no alternate places to buy gravel. Mahoney suggested he, Lampiris, Ochs, and Clark work this out. Councilman Parry moved to table pending further discussion between interested persons; seconded by Councilman Isaac. All in favor, motion carried. 5. Animal Control Program. Janie Gerber had submitted a memorandum proposing a program to deal with the increase of dog bites in Pitkin County, increase in complaints, and the increase of running at large and the need for education. Ms. Gerber's proposal is that Animal Control the City will provide an animal control officer for dogs running at large in the City. progr~ The existing three officers will patrol on a complaint-service from Aspen Village to the base of Independence; all other areas will be dealt with on a complaint-only basis. Ms. Gerber said she would deputize people in areas that are not regular patrol to handle complaints and respond to them; they could pick up dogs and hold them until the officers arrived. Ochs said he felt the proposal for downvalley dog control would weaken policing in the county. Ms. Gerber agreed, pointing out it would be complaint-response basis and right now they are patrolling these areas. Ms. Gerber said the sheriff's department helps out with livestock complaints but does not pick up dogs. Ochs asked if this increased the budget for 1979. Mayor Standley pointed out if there was another dog officer, based on the fee structure, they could break even. Ms. Gerber pointed out this program would increase patrol in the core area. Ochs said the county is having a budget session this week, and if Ms. Gerber could get the dollar figures together and present a program then, the Commissioners could then look at it. Mayor Standley pointed out there is never more than one person on duty, and the dog problem is getting out of hand again. The proposal is looking at a way of increasing the effectiveness in the heavily populated areas. Councilman Isaac said from the City's standpointed, he would like to see this approved. Councilman Isaac moved the City fund an additional animal control officer for the City; seconded by Councilman Behrendt. Councilman Behrendt asked the extra person work occasionally late at night when people let their dogs out. Ms. Butterbaugh suggested monitoring this program to see if it is cost effective. The City has an agreement that they revert half of the revenues back to the county, and they stand half the costs. If this person is working strictly for the city, they will have to determine exactly what revenue that person is producing. All in favor, motion carried. 6. A-95 Review: U.S.P.O. Snowmass Village Branch. Commissioner Kinsley moved to forward USPO - Snowmass with favorable comment; seconded by Councilman Parry. Village Branch Joe Wells told the Board the Town of Snowmass is entering a master planning process which won't be resolved until spring. Wells said he did not want to see the post office con- demning a site until the master planning is done. Added to the motion was not to endorse condemnation of a site that is not consistent with Snowmass master plan. All in favor, motion carried. COUNCIL MEETING % MINUTES CouncilwomaD Anderson moved to approve the minutes of November 13, 1978, Council meeting; seconded by Councilman Isaac. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Behrendt moved to approve the November accounts payable; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION ~ There were no comments. COUNCILMEMBER COMMENTS Rio Grande 1. Councilwoman Anderson' said she wanted to discuss the Rio Grande parking, and would parking reserve her comments to the parking discussion. Street Dept. 2. Councilman Isaac thanked the stree= department for the good job they did during the first storm of the year. 3. Councilman Isaac asked when the P & Z interviews would be scheduled. They were set for the December 18th Council meeting. 4. Councilman Isaac asked about the employee evaluations. Mahoney said he had met with Employee Warren Bennis who will meet with Mahoney and Mayor Standley after December 15th. Bennis Evaluations suggested the City consider a personnel manager. Mahoney said the City had the facility to do the things that were suggested. 5. Councilman Parry noted many of the people present were for the public hearing on Ordinance %41, and asked if an approximate time could be given. Mayor Standley guessed about 7:30 p.m. Rio Grande 6. Councilman Behrendt requested that the stairways to the parking lot at Rio Grande be Parking cleared and a program set up to maintain it. 7. Mayor Standley told Council the state liquor inspector was in town and reiterated one Underage of the comments that has been made. There is an unusually large amount of underage drink- Drinking lng in the bars. The liquor inspector is citing people himself; the police department has not cited anyone. Mayor Standley asked Mahoney to get the police to start checking id's. 8. Mayor Standley announced people wishing to speak at the Ordinance %41 public hearing must sign up with the city clerk. CAPTAIN CLEAN REPORT Captain Clean Mayor Standley said he and Captain Clean went to Washington D.C. to attend the Keep report - trip America Beautiful"award conference. The City of Aspen had received first place in the to Washington Colorado program, and received third place in the nation in the small community category. D.C. The presentations were prepared by Tom Dunlop, the City's environmental health officer. Mayor Standley told Council Captain Clean came to the presentation banquet with a brand, new Captain Clean uniform with a black bow tie. A1 Valdez (aka Captain Clean) told Council this was the 25th anniversary of Keep America Beautiful, and that he was proud to accept the award for the people of Aspen and of Colorado. Valdez said he handed out over 400 Captain Clean buttons. Valdez presented the award to the City Council, and said Aspen is doing a good job. LIQUOR LICENSE RENEWALS Tom Dunlop asked Council to put a conditional approval on Little Nell's. Councilman Liquor License Parry moved to approve the renewals for Little Nell's, Pub, and Golden Horn conditioned Renewals upon receiving the fire marshal's approval and Little Nell's on health also; seconded by Little Nells, Councilman Behrendt. All in favor, motion carried. Pub, Golden Horn, Jolly Jester, Dunlop said he would like conditions on the Jolly Jester and Guido's. Guido's Hickory House, Councilman Wishart moved to approve the renewals for Hickory House, Shadow Mountain, Shadow Mountain Little Annie's, Copper Kettle, Aspen Mine Company, Paragon, Alice's, Eagle's, Wiener Stube,Little Annie,s, Tom's Market, Steak Pit, Mother Lode, Toro's, Jake's, Galena Street East, and Aspen Steak Copper Kettle, Company; seconded by Councilman Parry. All in favor, motion carried. Mine Co., Paragon Alices, Eagle's Councilman Parry moved to approve the renewals of Jolly Jester and Guido's conditioned Wiener Stube, upon Dunlop's approval; seconded by Councilman Wishart. All in favor, motion carried. Tom's, Steak Pit Mother Lode, Toros LIQUOR LICENSE TRANSFERS - Paddy Bugatti' s Jakes, Galena St., Aspen Steak Rick Knezevich introduced John Kosh and Casey Cummins who plan to open up an Italian restaurant in the space formerly located at Don Giovanni's. Kosh and Cummins have had 10 years experience in the restaurant and bar business. Dunlop has recommended a conditional approval on this. -Knezevich said they will take care of the debts. Ashely Anderson, representing Hans Cantrup, said they are not making a blanket statemen~ to pay all the ~quor License debts. They would like the right to look at them and pay the ones that are justified and Transfer- fight the ones that are not. Anderson pointed out there is nothing in the regulations Paddy Bugattis that requires this. Mayor Standley said the Council has come up with this policy and it has nothing ~o do with the State. Knezevich told Council the past owners of Don Giovanni's do no~ even know what the debts are. An individual who came forward with a claim was satisfied to his satisfaction. Their next best alternative is to accept the guarantee Cantrup has given. Anderson stated they just want the right to look at them and see which ones are justified and which not. Mayor Standley said the Council's thoughts behind this policy are (1) the City has been a creditor on water and electric, and (2) some people from the purveying industry explained these bad debts drive up the prices in Aspen. If Council imposed a lever, it might help keep the prices down. Councilman Van Ness came into Council Chambers. Anderson reiterated if it is legally owed, they will pay it. Dunlop asked that the transfer be conditionally approved until they have complied with past inspections; there is a schedule set up for this. Councilman Parry moved no approve the transfer; Councilman Isaac seconded with a condition that Cantrup will assume all reasonable debts; including Dunlop's condition. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Luke's Cafe Ashley Anderson introduced Chris Cetlinski, Karen Billings, and Robert Willis, the Liquor License principles in Luke's Cafe, Inc., a Colorado corporation. Cetlinski and Willis are Transfer - managers of bars and restaurants in New York, and started a catering business there. Luke's Cafe Anderson told Council there will be a change in use; it will be a sit-down restaurant. Anderson presented a proposed menu. Councilwoman Anderson asked if they would keep the non-smoking section. Anderson answered yes. Councilman Isaac asked if there were any problem with debts. Anderson answered no. Councilman Parry moved to approve the transfer conditioned upon compliance with past inspections from Dunlop; seconded by Councilman Behrendt. All in favor, motion carried. EXPANSION REQUEST - Andre's Councilman Parry moved to add Andre's 18-E to the agenda; seconded by Councilman Behrendt. Liquor License All in favor, motion carried. Expansion - Andre's Ulrych explained they plan to exmend the bar 8 feet into the dining room and eliminate the present hostess station. They will loose one table and add 12 single sea~s at the bar. Mayor Standley asked if these seats would have food service. Ulrych said yes. Councilman Parry moved to approve the 18-E for Andre's; seconded by Councilman Behrendt. All in favor, motion carried. REPORT FROM BOULDER RESEARCH GROUP ON LIQUOR LICENSES Councilman Behrendt moved ~o add this item to the agenda; seconded by Councilwoman Anderson. All in favor, motion carried. Liquor License Mayor Standley introduced the report by the CU research group on an attitude survey on Report liquor licenses conducted in the City. Mayor Standley introduced Debbie Beck, Sid Dickstein, Bill Schaffer, and Melissa Zoros, students at University of Colorado in market research. Previously they had mem with the city clerk, Liquor license owners association, Mayor Standley, with the idea of doing a resident survey as one of their student pro]ects to develop an attitude survey of liquor operations in Aspen. Mayor Standley said after tonight's presentation, Council could schedule a work session with the Liquor License owner's association and go over the findings in detail. Matt Dickstein told Council the purpose of the study was to determine whether the needs of the neighborhood had been met with respect to licensed establishments and the implica- tions this would have on ~he issuace of new licenses. The survey was a random mail survey and was sen~ to 497 places and received 137 back. These were analyzed by the computer a Liquor License CU in three different areas; retail establishments, restaurants, and bars. ~Report With respec~ to retail stores, it was found the needs of the neighborhood had been met with respect to quantity. There were some quality considerations. The BRG recommended as a growth concern Council reject any new applications for licenses for retail stores. As far as restaurants, the BRG thought it important there is an entirely different set of criteria to determine merits of new applications for restaurants. The BRG feels the applicant should establish that a significant number of inhabitants desire alcoholic beverages with their meals, and that the availability of alcoholic beverages is important enough to influence people's choice of where to dine by a significant number of inhabitants. It should be incumbent upon the applicant to show the evidence that the needs of the neighborhood has not been met with respect to restaurants alone. As far as bars are concerned, the quantity of bars satisfied the majority of residents during all four seasons; most people indicated the number was sufficient even an winter. The BRG concluded the needs of the neighborhood had been met and recommended that the number of new licenses be kep~ proportional to the city growth rate; if the projected growth rate is 1.3 per cent, this would be one bar a year. Dickstein pointed out in both retail and bar area, although they found the needs of the neighborhood had been met, they could not find evidence that there has been over saturation. Dickstein told Council they had asked residents their feelings on; the market through supply and demand is capable of limiting the number of outlets in Aspen; and the City should limit the number of new liquor licenses issued. The results showed inhabitants did not necessarily desire Council to limit ~ssuance nor was it appropriate. The attitudes were split down the middle on this. Residents felt the market was capable of limiting itself. Dickstein pointed out they had observed a downward trend in quality over the last three years. Mayor Standley suggested getting copies to the liquor license owner's association and letting the Council review their cop~es. After the first of the year, schedule a work session for more in-depth questions. Dickstein said the BRG feels the needs of the neigh- borhood have been met; if the number of licenses increases at a higher rate than the population, problems could arise with an over-saturation. Dickstein said the study showed there is a direct relationshop between quality and number of licenses in the retail part. WATER PLANT HOUSING PROJECT REPORT Ms. Smith, planning director, told Council given the County's willingness to adopt a code amendment to look at employee housing anytime during the year and the adoption by mid- ~loyee the time frame in the and would be roughly the same. Final plat housing February, city county Water Plant approval would be August 1979. This time line does no% recognize any extra time for projec~ development, and it is likely the pro2ect will be delayed there. The City has to adopt a PMH zone district. The planning office recommends an application be prepared suitable for both jurisdictions, although it is most likely to start the project in the County first. Mark Danielsen, housing director, submitted a memorandum outlining several techniques which could be used to finance the project. Right now it is too early to pinpoint which technique would be the most efficient. When more details are worked it, the City will be able to tell which one is most appropriate. It is possible to have financial backing before August. Mayor Standley asked Design Workshop for an estimate for preparing the conceptual subdivision document. Their estimate is between $2500 to $4500; this wide range is based on the uncertainty of availability of information and whether it will be proceed simultaneously. Councilman Behrendt moved to hire and appropriate an upset figure of s4500 to get Design Workshop to prepare the conceptual subdivision document; seconded by Councilman Wishart. Councilman Behrendt asked if the Council will have a footprint to look at; will Council still be able to Rave an alternatives presentation by other designers. Mayor Standley said this is a footprint only; Design Workshop will not do the architecting at this step. Councilman Isaac asked if it were proper to open this up %o bids. Design Workshop was hired to to a design analysis to see if this site was suitable for development. All in favor, motion carried. SUBDIVISION EXEMPTION - Melnick Subdivision Richard Grice, planning office, told Council this is the last application ~n the works Ex~otion prior to the moratorium and must be reviewed under Ordinance 53. Grice has met with Tam Melnick Scoot, Larry Melnick, the tenant Karen Troobnick, and Danielsen to discuss an agreement. Grice told Council there has never been a lease. As far as Ms. Troobnick ~s concerned she has always had the right of first refusal. To demonstrate m~n~mum tenant displace, Melnick signed a one-year least at the current rent with an option at same rent with an ~ncrease based on proportional increase in taxes. The lease incorporates a 90 day right of first refusal. Grice stated he feels this is a fair compromise and recommends approval. Danielsen said he agreed based upon the previous operation; the unit thought condominiumized will be much the same as in the last three years. Councilman Behrendt said this situation was one of considerable pressure and it looks like the Council was being used as a sledge hammer against the property owner because of the uniqueness of the situation. Grice said it was not the City's purpose to have the land- lord find a price that the tenant could afford. Councilman Van Ness moved to approve the subdivision exemption; seconded by Councilman Parry. Grice pointed out the lease includes the right of first refusal, six month minimum lease, but does not include the 180 day relocation time. City Attorney Stock said under the current Ordinance 53, Council still ought to require the deed restriction of the property to the right of first refusal and six month minimum lease. Councilman Van Ness amended his motion to include the deed restriction; seconded by Councilman Parry~ All in favor, motion carried. MALL PLANNING PROGRAM City Manager Mahoney requested a study session for December 14th. Ms. Smith told Council the Mall Commission would attend this to outline the planning program to be undertaken. Mall Expansion Councilman Isaac said the P & Z ought to be invited. Planning Program PARKING PROPOSAL Mahoney reminded Council the City had contracted PBQ&D to do a study. The conclusions of PBQ&D were that the City is not presently utilizing the parking that is available properly.parking PBQ&D made recommendation the City change from 2 hour parking to shorter time periods, proposal The city engineer has made a plan to implement the recommendations of the study, after talking to PBQ&D and Curt Stewart, transportation planner. Mahoney showed Council the proposal on a colored map. To implement the plan will be a very nominal cost and can be done immediately. Councilman Van Ness pointed out the survey was done by getting people when they were parking and ask they how long they intended to park. The survey does not show how long people actually parked. This study was done between the suramer season and Labor Day. Councilman Van Ness said he was hesitant to make a drastic change in parking based on this slight evidence. Councilman Isaac said it looked good, and the City needs more turn over in cars. Councilwoman Anderson brought up long time parking in Rio Grande and suggested there be overnight parking allowed. There are threatening signs at the Rio Grande; there ought to be more signs around town telling about the parking. The City ought to provide a place where people can leave their car overnight. Mahoney said that Rubey park was available for overnight, also a big parking lot below Obermeyer. Councilman Van Ness said he had problems with this because there is very little one can do downtown in half an hour. Councilman Parry agreed. Councilman Behrendt said the whole district should be made one hour, except for truck loading. Councilman Isaac pointed out the Council has been talking about auto disincentive and should stick with what it has been preaching. Ellis said he and Stewart both agree there is some bias based on the way the survey was taken. An expensive solution would be to have monitors on the blocks at all time and actually do a turn over county. According to the current inventory there are close to 900 spaces between Main and Durant, Monarch and Spring; 659 of those are one hour, 60 half hour, and 125 unrestricted. Councilman Van Ness asked about the update of this survey. Ms. Smith said in the outline of the mall downtown, the parking study update will be included as one of the elements. The parking study will be reinitaited during the end of December. Councilman Van Ness said he would like to wait for the update. Gary Plumley, mall commission, said this was the most practical, cheapes~ solution to the problem in the downtown area. Plumley said he felt it was worth a try, and for a certain percentage of the downtown, the City needs to keep the cars turning over. Councilman Isaac moved to adopt the new time regulations on parking and to clean up the signs to the Rio Grande area; seconded by Councilwoman Anderson, who added other long term. parking should be signed. Councilmembers Anderson, Isaac and Mayor Standley in favor; Councilmembers Van Ness, Behrendt, Wishart, and Parry opposed. Motion NOT carried. LITTLE ANNIE-LIST OF ISSUES IN SITE SPECIFIC AGREEMENT Mayor Standley turned over the meeting to Councilman Behrendt. Joe Wells, planning office, had provided Council with many documents on the Little Annie Site Specific Agreement. The status of the procedure by virtue of the joint review process is that the city is ~Little Annie required to enter into a site specific agreement with the proponent within 30 days. WellSList of Site noted it is virtually impossible to draft an agreement within that period as well as Specific getting all agencies involved to sign off on it. Ron Garfield, attorney for Little Annie~Issues has done an agreement, which was submitted. Wells has listed many issues to resolve. Some of the major issues to be resolved is the City's interest in retaining outside expert- ise to either review submissions, whether the City wishes to re-examine the Gilmore con- clusions from his 1973 study - this may need to be re-evaluated to see if the conclusions are still applicable. Council had indicated they wanted to take an active role in drafting the questions to be addressed in site specific. Councilman Van Ness stated his over- riding concern remains exactly what the deal is on the season pass. Councilman Isaac asked why this is not being jointly with the County. Wells answered the County asked the staff to prepare something for review rather than active participation of drafting questions. Wells said they were putting the questions to Council to get them thinking about them, and perhaps to set up a work session. Wells had submitted a list of questions that have come from the planning office and other interested groups. Wells said if there are blatant omissions or inappropriate questions, Council should tell the planning office. Council- woman Anderson said one of her questions would be what are the implications for the sur- rounding neighborhood, what kind of pressure will that put on the zoning. MS. Smith brought up the concurrent processing of local land use reviews with the EIS required by the forest service. Ms. Smith said it. looks like rezoning may be necessary to conservation, the only district which allows lifts and ski facilities, which will be conditional uses. These processes will have to be gone through, should this be done at the same time the EIS is being done. There is also the PUD process that is required. There are questions as to whether the whole process should be gone through, or just conceptual, or conceptual and preliminary. Garfield, Stock and Ms. Smith will be getting together to determine how many city reviews are required. In the County the only review Little Annie necessary is the special use review. Ski Area Ms. Smith told Council this Friday she would meet with the staff and the proponents and go over lists from the state and forest service and Council as to what concerns should be included. Wells pointed out there has been considerable interest on several citizen groups to form an ad hoc committee ~o review the application. Wells said this could be either handled by P & Z or a citizens group similar to the one on transportation. Councilman Isaac said he could not see abdicating Council's position to them, but he could encourage them to get involved. Ashley Anderson, representing Little Annie, said they felt an ad hoc committee was good as long as it is an outside objective opinion. Councilman Isaac said if the City goes through the PUC proceedings, he would hate to see the P & Z undermined by an ad hoc committee. Anderson said this would not be the case. Councilman Isaac asked if the City would be involved in the joint review process with Burnt Mountain. Ms. Smith explained the City is not a party to the agreement. Ms. Smith said she understood any parties to Little Annie's were determined by anyone who had to give a specific legal approval or denial. It has been the intention of the planning office to involve the City Council as heavily as if they were a party. Councilman Isaac said perhaps these should be evaluated together, even on a competitive basis. Wells said his concern is that Little Annie, by virtue of being several months ahead of Burnt Mountain, may be in line to bear the brunt of heavy expenses. There are advantages of being able to process the applications at the same time. Both applicants resist that. Councilman Isaac said the list of questions is pretty complete. Dave Farney asked that the list from Wilderness Workshop under transportation ~l(g), they would not have gotten the vote in the November election if people thought they were bringing 4,000 new people into the town of Aspen. Farney stated that Little Annie will be taking care of people that are here right now; they want to live within the growth management plan. Wells responded he would want to know what tools the forest service would give local agencies to preven~ that from happening. Anderson pointed out the Commissioners want an agree- ment to sign or not sign; Council wants inpu~ into the draft. There is a meeting December 15th with a representative from the state. Councilmembers could add questions to be brought to this meeting. Councilman Isaac added questions regarding (1) the summer impact, (2) having just one skier access facility, (3) size and massing of the support facilities both at the top and bottom, and (4) the ski pass. Councilman Behrendt said he wanted congestion at the base addressed, and the extent of housing addressed, the number of units. Farney said he had plans showing the kind of housing to be put in, the extent of it. Farney stated the town of Aspen could well benefit from Little Annie far outweighing any problems. Councilman Behrendt said it was his opinion the level of housing proposed is not an adequate level, and he would like to have what is an adequate level addressed. Ms. Smith said she would meet with staff and go over the list of concerns. Then they will revise the site specific agreemen~ and brink it back to Council for review. ASPEN HIGHLANDS BUS CONTRACT Bus Contract/ H. J. Stalf said there were some changes made; the insurance clause was detailed better. Aspen Highlands The only major change is that Jones wanted to eliminate the $5,000 minimum per year and agreed to double the price per passenger. Stalf said he felt the City would come out better on that in the long run. Highlands will pay S.50 per passenger now. Councilman Behrendt asked why Stall was not charging the actual cost, and why the contract runs for 5 years. Mayor Standley pointed out the 30 day termination clause. Stalf told Council the City has been running this route free for 4 years, and he is just trying to get money into the bus system. Stalf said this route is valuable to the City, and he is trying to subsidize it. Councilman Isaac questioned paragraph 10, Highlands will determine the number of riders for the purpose of computing their charge. Stalf said they have hostesses, and the drivers and hostess compare the figures every trip. If there is a discrepancy, Highlands can determine. Councilman Van Ness moved to approve the bus agreement with Highland; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~41, SERIES OF 1978 Six Month Minimum Lease Restriction Ord. 41, 1978 Mayor Standley reminded everyone to sign up with the city clerk. They will be taken in Six Month order unless they had submitted a letter. The Council had received 33 letters. Speakers Minimum I~ase will have three minutes. Mayor Standley asked City Attorney Stock to summarize the Restrictions ordinance. Stock told Council this ordinance simply creates the six month lease term in those areas of residential use within the City that are long-term residential areas. This excludes only lodging and accommodations area of the City. This ordinance does not have any provision for those current uses that are occurring within the community and are currently legal. That type of use is protected by the non-conforming use section of the code. This section allows the continuation of a use that was legal at the time the use was brought into that particular piece of property; but if the use Ks discontinued for a period of one year, then the property must come into compliance with this ordinance. The property does not lose the right to continue to ren~ on a short term basis simply by sale to another owner. Stock told Council they will receive some sophisticated legal arguments, and if the ordinance is adopted it will receive some form of legal challenge. Stock advised Council they had the power and authority to adopt the ordinance and it is probably legally valid. ~egu±ar Meetlng Aspen City Council December 11, 1978 Councilman Van Ness moved to reconsider the vote to adopt on first reading of Ordinance ~41, Series of 1978; seconded by Councilman Parry. Councilman Van Ness said he felt the prime motivation of this hearing was to get input, and he feels the Council has gotten more than adequate input. Councilman Van Ness said he has not heard from anyone in favor of it. Councilman Van Ness said there are problems with the ordinance; (1) it is almost impossible to enforce, (2) the City is infringing on a homeowner's rights by telling him to whom and how long he can rent, (3) there is no evidence of how pervasive the problem is. Councilman Van Ness said $250,000 West End homes being removed from employee housing is not a logical argument. Councilman Van Ness said it is not fair to create a price differential on resale; the units that have the option of being short-termed will be worth more than those who can't. Councilman Isaac said there are some inequities in Ordinance ~41. Nonetheless, Council needs to address the fact that the neighborhoods are undermined and are becoming lodging communities outside the lodge district. Councilman Isaac said this ordinance is not the 'answer to the problems trying to address, but the City does need to control the short term rentals in residential areas. The City does need to collect sales tax on units that are being short termed. Everybody is being sent doWnvalley and the nature of the community is changing. Councilman Van Ness pointed out if four Councilmembers intend to vote against this no matter what, there is no point in having a public hearing. Councilman Wishart said he thinks the ordinance is faulty. Councilman Wishart said there is a problem of reducing the market of long term rentals for employees. The public is reacting to an economic situation that the success of the town has created. What is not addressed is what is the City going to do about the employees that cannot live here. Councilman Wishart said he would like to see all the people present for the public hearing come and put in this much input when Council is discussing the housing problems. Councilwoman Anderson said Ordinance #41 is addressing two problems; keeping the residential neighborhood residential, these areas are being deteriorated, and keeping the employee housing market for employees. Councilwoman Anderson noted having a great many condominiums and houses in town non-conforming uses present many problems. This ordinance is not the right answer, but the problems will not go away. Councilman Parry said he did not feel a public hearing was necessary. There are 33 letters on record that document the feelings. The people in the audience can submit letters if the Council is going to redraft the ordinance Roll call vote; Councilmembers Anderson, aye; Van Ness, aye; Wishart, aye; Behrendt, aye; Isaac, any; Parry, aye; Mayor Standley, nay. Motion carried. Mayor Standley reminded Council the vote is to reconsider adoption on first reading of this ordinance which amends section 24-3.7(o) to provide for the addition of the R-6, R-15, H-30, R-40, RR and C districts and single family and duplex units under the six- month minimum lease provision. Councilman Wishart pointed out this will put off problems that will have to be faced by the community somewhere down the road. Councilwoman Anderson said she had changed her vote from the P & Z; these are serious problems, but this ordinance is not the right approach. Mayor Standley said the residential zoning was made for residents not short term rentals. Mayor Standley said he had problems with outside influences which are making the decisions within the community; the letters are not necessarily representative of a decision of the community. Councilman Van Ness said if Council is talking about a detriment to residential neighborhoods, none of the people that live in these neighborhoods are complaining. Roll call vote on the motion to adopt on first reading; Councilmembers Behrendt, nay; Wishart, nay; Van Ness, nay; Isaac, aye; Parry, nay; Anderson, nay; Mayor Standley, aye. Motion NOT carried. Gideon Kaufman told Council a lot of concerns were raised about this issue being swept under the carpet. Kaufman offerred to meet with Council and discuss these problems and try to work out a solution together. Council scheduled a study session for January 9. ORDINANCE 947, SERIES OF 1978 - Repealing Sec. 13-47, Swimming Pool Covers Councilman Behrendt moved to read Ordinance ~47, Series of 1978; seconded by Councilman Ord. 47, 1978 Van Ness. All in favor, motion carried. Swirm~ng Pool ~ covers - ORDINANCE ~ 47 '~ rePealed (Series of 1978) AN ORDINANCE REPEALING SECTION 13-74 OF THE ASPEN MUNICIPAL CODE WHICH PROVIDES FOR THE COVERING OF HEATED SWIMMING POOLS was read by the city clerk Councilman Parry moved to adopt Ordinance ~47, Series of 1978, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Anderson aye; Hehrendt, aye; Wishart, aye; Van Ness, aye; Isaac, nay; Parry, aye; Mayor Standley, nay. Motion carried. ORDINANCE #48, SERIES OF 1978 - Vehicle Leases City Attorney StoCk told Council the City already has the vehicles, and they were iOrd. 48, 1978 appropriated in the 1978 budget, vehicles Leases Councilman Isaac moved to read Ordinance #48, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~48 (Series of 1978) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THREE VEHICLES LEASING AGREEMENTS BETWEEN THE CITY OF ASPEN AND DICK WHEELER, INC., WHICH LEASES PROVIDE FOR TERMS AND MONTHLY RENTAL PAYMENTS (IDENTIFIED BY VEHICLE NUMBER) AS (1) T-309, S121.00 FOR 36 MONTES; (2) T-330, S118.09 FOR 24 MONTHS: and L-9189, S157.00 FOR 24 MONTHS was read by the city clerk Councilman Parry moved to adopt Ordinance ~48, Series of 1978, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Behrendt, aye; Wishart, aye; Van Ness, aye; Anderson, aye; Mayor Standley, aye. Motion carried. ORDINANCE #49, SERIES OF 1978 Dog License Fees and Penalty Assessments Councilman Isaac moved to read Ordinance ~49, Series of 1978; seconded by Councilman Van Ord. 49, 1978 Ness. All in favor, motion carried. Dog License Fee and penalty ORDINANCE #49 assessments (Series of 1978) AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY SETTING DOG LICENSE FEES AND PENALTY ASSESSMENTS FOR FAILURE TO LICENSE DOGS AND BY REQUIRING THE POSTING AND ENCLOSURE OF AREAS GUARDED BY WATCH DOGS was read by the city clerk Stock told Council this ordinance changes the license fee from $15 to $2, and adopts a county provision requiring posting of areas guarded by vicious dogs. This ordinance modifies the penalty assessment charge for dogs running at large so that an altered dog will raise at a lower rate than an unaltered dog. It glxes the chief animal warden the authority to take the difference 'between wha~ the unaltered dog paid and what it would have paid and offer that amount of money to the individual as a deposit for altering that animal. Janie Gerber told Council her objective is to get all animals licensed. At $15 for unaltered dogs, this was not being done, and the unaltered dogs cause a lot of problems running at large. Councilman Behrendt moved to adopt Ordinance ~49, Series of 1978, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Anderson, aye; Isaac aye; Parry, aye; Wishart, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE #50, SERIES OF 1978 - Adopting contract for kennel service. City Manager Mahoney requested this be tabled so that he could review it further. Ord. 50, 1978 Councilman Behrendt moved to table Ordinance #50, Series of 1978; seconded by Councilman Adopting Van Ness. All in favor, motion carried. Kennelcontract tabled Councilman Behrendt moved to add Ordinance ~51, ~53, ~53, #54, and Resolution =28 and ~29, Series of 1978 to the agenda; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~51, SERIES OF 1978 - Appropriations Land Fund Ord. 51, 1978 Councilman Van Ness moved to read Ordinance 951, Series of 1978; seconded by Councilwoman Appropriations Anderson. All in favor, motion carried. Land Fund ORDINANCE ~51 (Series of 1978) AN ORDINANCE REDUCING PRIOR APPROPRIATIONS OF PARK DEDICATION FEE PROJECTS OF THE GENERAL FUND OF $22~109; AND TRANSFERRING SAID AMOUNT TO THE LAND FUND-UNAPPROPRIATED BALANCE; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance ~51, Series of 1978, on first reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Behrendt, aye; Van Ness, aye; Wishart, aye; Anderson, aye; Parry, aye; Isaac, aye; Mayor Standley, aye. Motion carried. ORDINANCE #52, SERIES OF 1978 - Appropriations Councilman Parry moved to read Ordinance ~52, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE =52 (Series of 1978) Ord. 52,1978 Appropriations AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $87,085 FROM THE PRIOR YEAR UNAPPROPRIATED GENERAL FUND SURPLUS, APPROPRIATING $4,700 FROM EXCESS7TH PENNY SALES TAX REVENUES, APPROPRIATING $41,700 FROM PRIO YEAR UNAPPROPRIATED SURPLUS WATER DEPARTMENT FUNDS, AND APPROPRIATING $4,500 FROM UNAPPROPRIATED CURRENT YEAR REVENUES AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by Mayor Standley Councilman Parry moved to adopt Ordinance ~52, Series of 1978, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Isaac, aye; Wishart, aye; Behrendt, aye; Parry, aye; Anderson, aye; Van Ness, aye; Mayor Standley, aye. Motion ~ carried. ORDINANCE #53, SERIES OF 1978 - Appropriations for Transportation Ord. 53, 1978 Appropriations Councilman Parry moved to read Ordinance #53, Series of 1978; seconded by Councilman for Transporta- Behrendt. All in favor, motion carried. tion ] ORDINANCE ~53 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE PUBLIC TRANSIT ENTERPRISE FUND IN THE AMOUNT OF $115,500 FROM BUS SERVICE CONTRACT REVENUES IN EXCESS OF THOSE ESTIMATED IN THE BUDGET AND TRANSFERRING $52,000 FROM THE TRANSPORTATION FUND TO THE PUBLIC TRANSIT ENTERPRISE FUND; APPROPRIATE EXPENDITURES OF $167,500 TO PROVIDE FOR PUBLIC TRANSIT FOR THE PERIOD FROM NOVEMBER 23, 1978 THROUGH DECEMBER 31, 1978; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Isaac moved to adopt Ordinance ~53, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Anderson, aye; Isaac, aye; Parry, aye; Wishart, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE 954, SERIES OF 1978 - General Appropriations Councilman Parry moved to read Ordinance #54, Series of 1978; seconded by Councilman Isaac. Ord. 54, 1978 All in favor, motion carried. General Appropriations ORDINANCE ~54 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE POLICE PENSION FUND THE AMOUNT OF $8,000 FROM PRIO YEAR UNAPPROPRIATED RESERVES; APPROPRIATING IN THE EMPLOYEE RETIREMENT FUND THE AMOUNT OF $48,000 FROM PRIOR YEAR UNAPPROPRIATED RESERVES; APPROPRIATING IN THE GOLF COURSE CONSTRUCTION FUND THE AMOUNT OF $900,000 FROM UNAPPRPRIATED BOND PROCEEDS; APPROPRIATING IN THE WATER FUND THE AMOUNT OF $121,650 FROM PRIOR YEAR UNAPPROPRIATED SURPLUS; TRANSFERRING $41,700 TO THE GENERAL FUND FOR STREET OVERLAY FROM THE PRIOR YEAR UNAPPROPRIATED WATER FUND SURPLUS; APPROPRIATING IN THE ELECTRIC FUND THE AMOUNT OF $47,305 FROM THE PRIOR YEAR UNAPPROPRIATED SURPLUS; APPROPRIATING IN THE 6TH PENNY SALES TAX FUND THE AMOUNT OF $7.724 FROM PRIOR YEAR UNAPPROPRIATED SURPLUS; APPROPRIATING IN THE 7th PENNY SALES TAX FUND THE AMOUNT OF $10,300 FROM PRIOR YEAR UNAPPROPRIATED SURPLUS; TRANSFERRING $4,700 TO THE GENERAL FUND FOR FOUNTAIN LABOR FROM THE 7TH PENNY SALES TAX FUND SURPLUS; AND DECLARING TEAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #54, Series of 1978, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye; Wishart, aye; Parry, aye; Isaac, aye; Anderson, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. P~ESOLUTION #28, SERIES OF 1978 Creating Enterprise Funds Finance Director Butterbaugh told Council she needed to create two new funds, one for the golf course and one for the bus service, to put the proceeds in. Res.28, 1978 (Creating Councilman Parry moved to read Resolution ~28, Series of 1978; seconded by Councilman Enterprise Isaac. All in favor, motion carried, funds ~r Golf Course RESOLUTION NO. 28 and Transit (Series of 1978) WHEREAS, the expansion of the Golf Course requires the creation of an Enterprise Fund; and WHEREAS, the contract of bus services requires the creation of an Enterprise Fund, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. for the purpose of providing payment of all operating, capital and debt service expenses of the municipal golf course and related costs and expenses and to account for all assets and liabilities there is hereby estab- lished a GOLF cOURSE ENTERPRISE FUND in which shall be despoited all monies received from membership fees, green fees, cart rentals and all other related revenues. Section 2. for the purpose of providing payment of operating public public transit systems and related costs and expenses and to account for all assets and liabilities there is hereby established a PUBLIC TRANSIT ENTERPRISE FUND in which shall be deposited all moneys received from fares, operating revenues and all other related revenues was read by the city clerk Councilman Van Ness moved to adopt Resolution ~28, Series of 1978; seconded by Council- woman Anderson. All in favor, motion carried. RESOLUTION #29, SERIES OF 1978 - Appropriations Finance Director Butterbaugh explained this approves transfers from one department to another; some departments are under budget and others are over. Res. 29, 1978 Appropriation Councilman Isaac moved to read Resolution #29, Series of 1978; seconded by Councilman Transfer Van Ness. All in favor, motion carried. 2531 Regular Meeting Aspen City Council December 11, 1978 RESOLUTION NO. 29 (Series of 1978) WHEREAS, the City Manager has requested in writing the transfer of part or all of certain unencumbered appropriation balances from one depart- ment, office, agency or object to another, and WHEREAS, by virtue of Section 9.12 of the Home Rule Charter the City Council may make appropriation transfers, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Upon the City Manager's request, the City Council hereby makes a transfer of appropriations in THE AMOUNT of $41,494 from those GENERAL FUND DEPARTMENTS listed on attached EXHIBIT "A" to the GENERAL FUND DEPARTMENTS lis~ed on attached EXHIBIT "B". was read by the city clerk Councilman Parry moved to adopt Resolution ~29, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. POLICY RE: USE OF CITY ATTORNEY BY COUNCILMEMBERS City Attorney Councilman Van Ness said he would like policy guidelines. This falls under personnel and policy areas of litigation; Council decided to have an executives session following the meeting. PURCHASE OF HORWITZ PROPERTY Stock told Council the attorney for Rorwitz has prepared the documents and is prepared to Horwitz property go to closing, and requested this be done this year. Ms. Butterbaugh is concerned that purchase unless the City has the $25,000 given to them, the City really doesn't have the money. If Council wants to close this year, it is recommended that when the sixth penny sales tax ordinance comes to them, they amend it to ~nclude the $25,000 expenditure to purchase the Horwitz property. Mayor Standley asked Stock if he had worked with all parties so that they will come up with the money they said they would. Mayor Standley said the Ski Corp would come in for $10,000 and the Centre or North of Nell for $15,000 to make the deal work. The funds have to be certified before the City can close. Councilman Behrendt asked the City Manager come back next meeting with a recommendation Enforcement concerning personnel and a liason and enforcement officer in the areas of the city attorney officer for and building department. Councilman Behrendt said there is a frustration in'pursuing codes enforcement. Mayor Standley told Councilman Behrendt to meet with Maheney and work this out. Councilman Parry moved to adjourn at 8:45 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. Kathryn~. Koch, City Clerk