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HomeMy WebLinkAboutminutes.council.19781127RegUlar Meeting Aspen City Council November 27, 1978 Mayor Standley called the meeting to order at 4:15 p.m. with Commissioners Child and Edwards, and Councilmembers Behrendt, Isaac, Wishart, and Parry present. Also present were City Attorney Stock, County Attorney Stuller, City Manager Mahoney and County Manage~ Ochs. 1, Joint Grant Program, County Manager Ochs told the Boards he had met with Mahoney, Mayor of Snowmass, Jack Schuss, and a representative from International Systems, Inc., which is a professional grant agency. Ochs said he had a proposal for $22,000 to do iCity/County Joint grants for the City, County and Snowmass for one year with a guarantee that they will iGrant Program deliver at least $22,000 in grants up and above those that are automatic. ISI said if they did not provide that much, they would either extend the life of the agreement or refund the difference between $22,000 and any grants received. Ochs said he, Schuss, and Mahoney felt there should be one person who would be a local liason working with the compnay to pinpoint grants, and follow them up. Ochs suggested usin~ Phyllis Kenny on a 30 per cent basis for approximately $6,000. The whole program would be $28,000, which would be split evenly three-ways. Ochs told the Boards they had met with Carol Fuller, a local person with vast experience in grants, who is interested in becoming the grantsperson. Ochs said he felt she would be valuable in specific situa- ~ tions, but not to fulfill traditional grants-type of person expending a lot of time. Ochs said the choices are (1) no grants program, (2) grant program for one year through ISI su'pplemented by part-time County staff person, and (3) each entity having its own i grantsperson. Councilman Behrendt asked if there would be a time limit on the agreement extension. Ochs said if it looked futile for every getting $22,000 worth of grants, therel would be a refund. ISI would Probably not have a problem putting a time limit on the extension. Mayor Standley asked if the agreement could be written so that each entity gets $7,000, or is it if they produce $22,000 regardless of who gets the money, they contract is fulfilled. Ochs said at the end of the year, the amount of grants received can be totalled up; the percentages of fundi~ng could be reallocated based upon what each entity gets. If the City gets 50 per cent of the grants, they can rebate some money back t0 Snowmass and the County. Ochs pointed out that it is unusual to do business with three entities at once; he was looking at something effecting cost savings. Mayor Standley asked if Ochs felt this company could work on specific grants. Ochs said he had not checked references because he wanted t© get direction from the Boards. Joe Hale of ISI said he would come here and spend tlm~ talking to community leaders lndlng out what areas of expenditures are covered throu~ Federal and state programs. ISI has computer system which every month prints out monies available, and if they feel there is something that may match, they contact the local ~erson. It is not in ISI's best interest to do a lot of meaningless grants. Mayor Standley said the City had always been told that paying a grant agency was not legal, and how is this dealt with. Ochs said the grant agency is not taking a cut of a grant; they are getting a one-time fee. Councilman Behrendt said he would like the staff to investigate ISI further and come back to the Boards. Commissioner Child questioned ISI getting the easily obtainable grants, like C.E.T.A, and then backing out. Ochs said ISI said they would get $22,000 over and above what the City and County expected to fall in their laps. Ochs said his concern was that ISI may be able to come up with a grant requiring more local match than the governments could come up with. Ochs said if the Boards feel there is some value in this approach, he would like to go this way. Mayor Standley said the programs sounds fairly reasonable; he would like Ochs to get some references. 2. Joint Communications Agreement. Ochs told the Boards the Sheriff asked this be post- poned because it has not had a full hearing of the communications board. Mayor Standley said City Attorney Stock recommended taking action without discussing it directly. Joint Cc~munica- City Manager Mahoney said his view is that things are breaking down, and the City is tionsAgre~ent having a hard time operating the communications center under the current set up. There is a group of people in there responsible to a board, who in turn are responsible to another board. Trying to pin anything down or get responses is very difficult. Mahoney said the set up is not management-wise. Rob McClung said there are problems from administrative standpoint and security problems. McClung said there is a computer terminal assigned by CBI, strictly issued to law enforce- ment agencies. The terminal has to be run by law enforcement agencies, and the CBI had some problems with a civilian running the terminal. If civilians have access, they will have a problem involving the possible loss of the terminal. Administratively, there is a communications operating existing physically within the police department. The police department has tried to alleviate the pressure of calls coming into the communications department that are strictly for police. McClung said he did not feel the communications department needed a director, but did need a supervisor. McClung said the director's position was not needed, and they would be paying for something not needed. Most of the day to day operation and responsibilities falls into the lap of the police department. McClung said he would like to keep a board for direction to pursue in communciations and improving county-wide coverage, and place dispatching back into the police department for the administrative problem; have the Board limited to four members, and have a supervisor in communications. Commissioner Edwards responded that this is the second go around with the same question. Originally, people felt it would be a good idea to begin to attempt to centralize certain functions rather than have two dispatching and two recordkeeping centers. It seems that whenever there are two entities with rivalries and failures to communicate, this leads to misunderstandings. Edwards said the police and sheriff departments ought to sit down and communicate; this rivalry is getting in the way of their job in this community. Edwards said the communications departments, as far as responding to emergencies, is better than ever. A joint communications center makes sense. Edwards said if the City has personnel or budgetting problems or administrative structure problems with the communi- cations center, this ought to be discussed. The Boards has not met to discuss this, and the City Attorney is recommending drastic action. Edwards said he did not feel it was in the best interests of the community. The County has made a commitment to this in moving their equipment over to the communications center. Mahoney.said the City did not want this to break down; they want stronger linkage between the communications center and chief of police. McClung said there should only be one dispatch center, and that the board should be retained. McClung is advocating administrative advantages to control ~by the police department and smoother operation within the police department. McClung told the Boards that counties that have joint communications center are operated by personnel from one department, and are hired and fired by one department. McClung said someone should be in charge of the communications center that is in law enforcement. Commissioner Edwards suggested letting the board meet with the director back in town, and with the sheriff, and then see what is appropriate at that time. Edwards said he was not opposed to discussing possible restruc- turing; it was set up as an independent authority becuase the police chief and the sheriff did not get along. Edwards said if the police and sheriff's department can iron out their problems, he does not care who runs it. City Attorney Stock said ~the board has met two or three times trying to deal with the subject and cannot solve the problem. The problem is the structure, not the board itself. Ochs said this exercise has been going on for years; the board has not met and come to a resolve. Ochs said he felt the present structure could work if people want it to work. Ochs said he did not sense any willingness to cooperate between the sheriff's and police departments on any matter. Mayor Standley told the staff to take this back and work on it and come back to the Boards. If the communications board cannot come to a decision, give the Council and Commissioners both positions, and they will decide. Mayor Standley requested this be in writing so that the Council and Commissioners can react. COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of the October 23 and November 2, 1978, meetings; seconded by Councilman Behrendt. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER CO~ENTS 1. Councilman Isaac asked if the new parking regulations would be put in effect. City Manager Mahoney told Council the engineer had gone over the proposal by the consultant and felt it had merit. Ellis will present a proposal to implement this; the parking Parking times will be reduced from two hours to 30 minutes. Mahoney said he would bring this Regulations plan to Council at their next meeting. 2. Councilman Behrendt noted he had voted in favor of further implementing a busway along the base of Shadow Mountain. He had since received a figure of $1,000,000 for the Busway at base engineering and wished to change his public stand on that particular position, of Shadow 3. Mayor Standley asked the staff to do something about the lights burning out all over town. 4. Mayor Standley said the police department has got to do something about the underage drinking, which is prevalent all over town. Also open containers are all over town again,Underage and the police are not enforcing that ordinance. Mayor Standley said it would be nice Drinking if the police would get out of their cars and walk, so that people know there are police and they are there to do something. 5. Mayor Standley pointed out that dogs are everywhere. There are only three animal control people for the whole town, which means there is only one on duty at a time. This has got to be resolved, maybe by the police carrying leashes, or hire another dog Dogs - everywhere control person. The dog kites have more than doubled. 6. The Council received the annual reports, the City of Aspen seven year performance report. The City hired Ellen Anderson to work on this. These reports will be sent to all water and electric.customers. Some of the groups in town, Board of Realtors and Annual Report Chamber of Commerce paid for over-printing to have cop~es available to distribute. This City's perform- report shows how the money has been spen=, the performance of the the City, what projects ance review undertaken, bonded indebtedness, general health of the City. COUNCILMEMBER APPOINTMENT Mayor Standley said the Council received 9 applications for the position vacated by Nina Johnston, and interviewed all applicants that received at least three Councilmembers interested in interviewing them. Mayor Standley said he and the Council were impressed Councilmember with the applications, the quality and quantity of people interested. Mayor Standley Appointment - opened the floor to nominations. Ellen Anderson Councilman Wishart moved to nominate Ellen Anderson; seconded by Councilman Isaac. Mayor Standley closed the nominations. All in favor, motion carried. Ellen Anderson was sworn in my Municipal Judge Tam Scott and jointed the Council table. P ~ Z APPOINTMENT Mayor Standley pointed oun there are not two vacancies on P & Z, one created by Ellen P&Zappointment Anderson becoming a Councilmember. Council will appoint one person tonight and then Nancy McDonnell advertise for the other opening. The applicants are Perry Harvey and Nancy McDonnell. Councilman Behrendt moved to appoint Nancy McDonnell; seconded by Councilman Wishart. All in favor, motion carried. DECEMBER COUNCIL MEETINGS Councilman Parry moved to move the December 25 Council meeting to December 18; seconded by Councilman Van Ness. All in favor, motion carried. December 4 is the annexation study session. OBERM_EYER INDUSTRIAL DEVELOPMENT BOND REQUEST Mayor Standley had enclosed a letter explaining background on industrial bonding. Klaus Industrial Obermeyer told Council money has gotten expensive, and Sport Obermeyer is attempting to Development build a large enough building to work in, it was suggested to try industrial development Bond Request bonds. This money is 3 or 3% per cent less than the market. 0bermeyer said he would like to build at the Airport Business Center a 30,000 square foot facility, which would Obermeyer have 20,000 square feet of warehouse and 10,000 of office space. Obermeyer said his business is growing along with the ski industry. Obermeyer said they manufacture about 10 per cent of what they sell in Denver, another 20 per cent is subcontracted,, and the rest is imported. There will be no manufacturing up here. Obermeyer said most of the people he employs in the summer and fall, and he has an arrangement with the ski shops in town so that the employees can work in them during the winter. Obermeyer told Council he had two houses and a condominium in town for employee housing; he buys his employees ski passes. Obermeyer has been operating in Aspen for 30 years, and employs 30 people, which fluctuates very little. Obermeyer said he may hire a few more people with the new building, it will depend on space and the seasons. ! Councilman Isaac asked what Obermeyer would do with the old building. Mayor Standley said the City is looking for a relocation of the City shop and they have looked at the old building for a possible shop. There is a housing proposal which would conflict with the existing shop. Mayor Standley said he would have the staff negotiate a lease on existing Obermeyer building for city use prior to the sale of the bonds. Kurt Kaufman, Obermeyer's attorney, told Council he felt Obermeyer was entirely consistent under the industrial development bond statutes. The statute asks assurances of bonds helping the community as well as the private company. Councilman Van Ness asked exactly what the City had to do. Marty Dickerson, Boettcher & Company, told Council that an industrial development bonds a community offers as an inducement to a busaness it's name as far as tax exempt status. Obermeyer is asking Council to pass a preliminary inducement resolution indicating their intent to pass a final bond ordinance at some later period, saying Aspen is willing to lend its tax exempt status to this particular project. At that point, Boettcher can do the legal background and financing work and locate someone willing to buy these bonds. The tax exempt status gives a lower interest rate. After that, a marketing package is put together and they go to an institute ~o try and find a lender. Council then prepares the legal agreements. When all the documents and package are put together, they will come back to Council and ask for a final bond ordinance that the City is willing to authorize and issue bonds for the Sport obermeyer project. This does not affect the credit of the City of Aspen. Ms. Dickerson told Council that Obermeyer cannot make any decision or finalize any plans until he has the preliminary inducement resolution. Sport Obermeyer is as a very well run company from Boettcher's point of view. Ms. Dickerson said this pro3ect is guaranteed by the mortgage and by Sport Obermeyer and Klaus Obermeyer personally. The building will have passave solar heating and will be easily assessible by County transportation. Obermeyer told Council the City's name will be on the bonds and the City and Mayor Standley will have to sign the documents. Even though the bonds are issued by the City, they can be repaid only by Sport Obermeyer or Klaus Obermeyer by personal guarantee. Under Colorado statutes, the City cannot use any of its money to repay the bonds. Any costs the City might incur have to be reimbursed. There will be absolutely no burden upon the City. Before the bonds can be issued, Obermeyer has to come and ask for adoption of an ordinance. At that time, everything has to be satisfactory to the City's staff before the City will actually commit to the bond issue. Councilman Behrendt asked where exactly the building would be located and if there is a plan to reduce the visual impact. Obermeyer answered the building would be directly south of the restaurant. The building will need to be 20 feet in heighth to be economical. The plans call for sinking it into the ground 3 or 4 feet, and there will be a earth berm. Obermeyer told Council he intends to spend a lot of money on the landscaping. Councilman Van Ness said he felt the best way to proceed is to have the planning office, County commissaoners and finance director give Council as to what this means and what the possible ampacts are. Councilman Van Ness said he felt uncomfortable passang this resolu- tion right now. Obermeyer said he needed to get started on the process of putting this package together to get financing. Mayor Standley asked if this was consistent with the zoning and what approval processes are needed. Karen Smith, planning director, told Council the only approval process is special review for the parking in order to vary from the required parking. They have received this approval. The project is a permitted use in that district. The FAR has not been calculated out. Finance Director Butterbaugh told Council she felt this project comes as close to meeting all the positive points as any project she has looked at. Ms. Butterbaugh pointed out there is no negative ampacts on the community or on the City financially; this does not affect the City's credit rating. These bonds would not be part of the legal debt limit. Mayor Standley said the City Attorney is recommending tabling because there are no guide- lines available. Stock told Council they ought to establish certain policies in order to determine what types of enterprises the City desires to support. Stock identified eight guidelines; (1) money should only be spent for either real property or the construc- tion of certain structures, (2) the enterprases the City would benefit should not be in competition with local merchants, (3) because of Aspen's growth considerations, there should be minimal growth with any development project, (4) the City ought to have a prefer- ence for non-winter employment (5) it should be a clean industry, (6) should have provisions for employee housing, (7) that they have financial stability, extended guarantees beyond the corporate limits, (8) there should be a preference for business with a historical relationship to the communityl Stock said it would be prudent to adopt policies and then act on the resolution of intent. Stock suggested he could create the policy guidelines at the nex~ Council meeting. Councilman Van Ness agreed with the more prudent approach and suggested having a study session. Councilman Behrendt said he did not feel the Council would get more information from a study session, and there is no reason to delay this. Councilman Van Ness said he felt it is poor procedure to take action first and then adopt policy. Councilman Wishart said he saw no great delay an waiting two weeks. Mayor Standl~y said from the City's point of view, if they are interested in the building, the sooner Boettcher negotiates for interest rates, the lower the portion of the lease would be to the City. Mayor Standley said he had no problem in doing an inducement resolution conditioned upon Stock's list of criteria. Mayor Standley added conditions if that area is annexed by the City and the zoning changed before completion of the building, the City would allow more employee housing. Secondly, before considering the ordinance, the City would have come to an agreement or decided not ~o come to an agreement, on the valuation of the lease on the existing facility. Ms. Butterbaugh noted that the interest rates are rising. All the concerns she had on this assue are well met. Mayor Standley said he sees this as a minimum risk situation, and the Council should adopt policy at their next meeting covering IDB's. Councilman Wishart moved to read Resolution #26, Series of 1978; seconded by Councilman Parry. All in favor, Councilwoman Anderson abstained; motion carried. Res. 26, 1978 Intent to RESOLUTION ~26 Support (Series of 1978) IDB request from Obermeyer A RESOLUTION SETTING.FORTH THE INTENT OF THE CITY OF ASPEN TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE FACILITIES FOR SPORT- OBERM_EYER, LTD. WHEREAS, representatives of Sport-Obermeyer, Ltd. (the "Company") have met with officials of the City of Aspen, Colorado (the "City") and have advised the City of the interest of the Company in locating an office/warehouse facility (the "Project") near the City to be used in connection with the ski clothing and accessory business of the Company, subject to the willingness of the City to finance part or all of the necessary facilities as an industrial development revenue bond project pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3, Title 20, Colorado ReviSed Statutes, 1973, as amended (the "Act"); and WHEREAS, the City Council has considered the request of the Company and has concluded that the economic benefit derived therefrom to the City will be sub- stantial and desire to indicate its intent to proceed with the financing of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. In order to assist and to induce the Company to locate the Project near the corporate boundaries of the City, it is the City Council's intent to take all necessary or advisable steps to effec the issuance of industrial devel- opment revenue bonds in the maximum aggregate principal amount of $2,000,000 or such lesser amount as shall be determined and agreed upon by the Company and the City to finance part or all of the Project. 2. No costs or expenses shall be borne by the City in connection with the issuance of the industrial development revenue bonds, the preparation of any documents relating thereto or any legal or financial consultants retained in connection therewith. 3. Prior to the execution of a financing agreement, bond purchase agreement deed of trust or any other necessary documents and agreements in connection with the Project and the bonds, such documents and/or agreements shall be subject to authorization by ordinance of the City Council pursuant to law. was read by the city clerk Councilman Parry moved to adopt Resolution ~26, Series of 1978, seconded by Councilman Behrendt. All in favor, Councilwoman Anderson abstained. Motion carried. LIQUOR LICENSE RENEWALS There were no objections from Tom Dunlop or Bob Jacobs on these renewals. !iLiquorLicense i!Renewals Councilman Behrendt moved to approve the renewals for Elk's, Ute City Banque, Grog Shop, !iElk's, Ute City Aspen Hamburger Company, Country Road, Of Grape and Grain, Sub Shoppe, Home Plate,~Cooper il Banque, Grog Sho~'~ ~ Street Pier, and Crystal Palace; seconded by Councilman Parry. All in favor, motion carried, i! Aspen Hamburger ?Of Grape & Grain PURCHASE & SALE/LIQUOR LICENSE - Abetone (previously Bacchanal-Centennial Rest. Corp.) i!Sub Shoppe, Home~.3 Peter Van Domelin introduced Ermanno Masini and Daniel Surin who will be moving to Aspen iPlate, Cooper St. to embark on this venture. Masini told Council they planned to do some cosmetic changes, il Crystal Palace and will primarily be an Italian restaurant for lunch and dinner. Mayor Standley asked !Liquor License for any opposition. There was none. i!Transfer - Councilman Behrendt moved to approve the transfer to Masini and Surin; seconded by Council~t°ne man Parry. All in favor, motion carried. APPLICATION FOR THREE-WAY LIQUOR LICENSE - Ulran Inc., d/b/a Andre's Mayor Standley opened the public hearing. The city clerk reported the posting, publica- i!Liquor License tion and file was in order. City Attorney Stock advised Council this is Andre Ulrych's second license and Council must consider the effect on competition. Mayor Standley said ~newapplication i!Ulran's Inc. he would abstain from voting because he has done business for Ulrych. iAndre's David Slemon, representing Andre Ulrych, told Council Ulrych is the 100 per cent stock holder of Ulran Inc., which is the corporate applicant. Ulran is a newly formed Colorado corporation. The old Eagle's building is being remodeled by Ulrych. There was a three- way exchange of property in which Ulrych obtained the Eagle's building, and the Eagle's were relocated in a new building on Bleeker street. The license, if granted, will only effective upon completion of the building. Slemon told Council Ulrych has been and still is 100 per cent stockholder of Andre's of Aspen for the past eight years and has run a more than reputable business. The granting of this license will only temporarily create a new liquor outlet as the lease on the existing business expires April 30, 1980. At that point it is Ulrych's intention to surrender that license. It is not possible to transfer the existing license to the new location for several reasons. Ulrych has exten- sive financial obligations to several people, there have been heavy cost overruns at the Eagle's building. In connection with needs of the neighborhood, Richard Sheffield on behalf of Ulran, Inc., did a petition, the form was at the suggestion of the City Attorney to vote for or againstl or to take no position. There were 39 business and 62 residents contacted, resulting in 98 in favor and 3 no opinion, and none were opposed. Slemon said many applauded the idea of the old Eagle's building being in ~the process of being renovated. Slemon read into the record a letter from Ron Austin, an attorney and restaurant-owner, stating he did not believe the issuance of this license would result in the restraint in trade~ Utrych told Council the ground floor and mezzanine will be the same operation as the current Andre's; the top floor will be a disco, and the whole basement will be storage. Ulrych said he is anticipating the restaurant seating 90 people. Mayor Standley asked if Ulrych would ever extend the bar business into the basement. Ulrych said no because he planned three big walk-ins, and there is a large investment in tile floor and the equipment. Ulrych · said he planned on doing breakfast, lunch and dinners. Mayor Standley asked for opponents to the license. There were none. Mayor Standley closed the public hearing. Councilman Behrendt moved that based on the evidence preSented at a public hearing held November 27, 1978, relating to an application by Ulran, Inc., for a three-way licenSe, Council finds the needs of the cOmmunity have not been met and that the license is hereby granted conditioned upon the applicant relinquishing and retiring the license at the old location on April 30, 1980, and conditioned upon maintaining the character of the establishment as represented at the hearing; seconded by Councilman Wishart. All in favor, Mayor Standley abstain. Motion carried. Mayor Standley said he felt the petition approach was very good, and the Council should make sure this is done professionally. APPLICATION FOR THREE-WAY LIQUOR LICENSE - The Floradora Mayor Standley opened the public hearing. The city clerk reported the file, posting and publication were in order. Jeffrey Sachs, representing Aspen Floradora, Inc., introduced Liquor License Steven Passow, president. Aspen Ftoradora is a new Colorado corporation owned by Passow, new application Robert Cooper, and Richard Mortensen. Passow currently runs a restaurant in Breckenridge The Floradora called Pug Ryan's with the same business partners, and has had many years experience in the restaurant field. The proposed restaurant is remodeling of the historic Floradora building on Main street. This restaurant will seat around 80 people for dining and the bar area will seat 24. With respect to the needs of the neighborhood, Sachs presented petitions signed by almost 900 people, all of whom are very much in favor of a restaurant at that location. Passow told Council he proposes to do a first class quality, white-table cloth type dining room. There will be three dining rooms with a small bar area primarily for people waiting. Passow said he planned to operate 7 nights a week from 4:30 to 10 or 11 and intends to operate at least 11 months a year. Passow said he felt the area lends itsself to a breakfast operation, although they only plan on dinner this winter. Passow said they should do about 70 per cent of the gross on food. Mayor Standley pointed out this was a unique location in that it is on Main street and backs against the residentical areas. Mayor Standley asked if an attempt was made to make sure the residents in the areas surrounding were aware of the restaurant application and the parking impact. Passow said the people doing the petition polled the neighborhood in every director for at least three blocks. They got signatures from residents and businesses in the area. Passow told Council there is parking up and down the street, in the alley behind the building. There is a bus stop on the corner. Mayor Standley asked for opponents. There were none. Mayor Standley closed the public hearing. Councilman Behrendt moved that based on the evidence presented at a public hearing held November 27, 1978, relating to the application by Aspen Floradora Inc., for a three-way liquor license, Council finds the needs of the community have not been met and that the license is hereby granted conditioned upon the applicant maintaining the new establish- ment as they have represented at this hearing; seconded by Councilman Parry. Mayor Standley said he knew Pug Ryan's in Dillon and it is a good restaurant; he knows Helmut and Gerhard and they are responsible people in the community and don't bring in people that are not responsible. Mayor Standley said he would take a different stand and vote for this one; it does not mean he is softening his position. All in favor, motion carriedl. WATER PLANT HOUSING PROJECT Mayor Standley reminded Council they had given the direction to go ahead on the develop- ment program for the water plant. City Manager Mahoney has met with Don Ensign and with E~ployee Housing!! Chuck Vidal to get the program going. Mahoney reported to Council he had suggested the Water Plant City select an architect-developer type to develop plans for Council to approve and fund. Project At that point, the project could go to contract bidding. Mahoney said that Vidal is considering this project. Mahoney said this was it is the City's project, and as long as the City is taking the risk, they should take the best. Mahoney suggested doind this project the same way the City did the mall and the golf course. Mayor Standley asked who was going to finance the project, build it and manage it when done. Mahoney answered the City of Aspen. Mayor Standley said the Council had specific- ally said they did not want to use the Midland/Park approach of the City being the developer. The City should be the media for someone coming in and doing the project. Councilman Parry said the Council needed input from several different developers with different proposals. Mahoney said he did not agree with that approach at all, why should the City advertise for private enterprise to come in at a no risk situation and capture all the gain. Mayor Standley said he had agreed the City would put together a prospectus for development and put it out for bid so that it is a competitive project. Councilman Parry suggested having a study session to list the things the Council wants in this project. Mark Danielsen suggested putting this out on a bid basis not only for the architect but for the developer. The only way the government would be involved would be in terms of the land and perhaps site improvements~ Council set up a study session Wednesday, November 29, at 12:30 inviting Vidal, Ensign, Danielsen, and the Chamber. SUBDIVISION EXEMPTION - Brownell Richard Grice, planning office, submitted letters to address the requirements of minimum ~~iSubdivision tenant displacement. The applicant suggested that the tw~ units located on lot 1 of the subdivision would be restricted for a 5 year period to whatever the current rent is Exemption plus increases based upon the PMH guidelines. The other duplex has new leases for 1 Brownell year at the current rent. Danielsen is of the opinion this does not represent minimum tenant displacement, and feels all three of the rentals units shoUld be restricted for a period of 5 years. The engineering department concern is a fence erected 20 feet in the right-of-way on Gibson avenue and be moved back to the property line on lot 3. This fence gives a very tight turn on Gibson and also obstructs the fire hydrant. Grice pointed out the planning office and P & Z feel that the compromise proposed by Gideon Kaufman is appropriate and they recommend approval. There are two proposals; one is to restrict two of the units for five years and two for one year, The other proposal is that 3 of the 4 units have no sale commitment of 5 years. The first proposal was given by Kaufman and accepted by the P & Z. The other proposal was given by Mark Danielsen. Councilman Parry asked why 5 years is being used. City Attorney Stock said the Council is contemplating amending Sec. 20-22 of the Code requiring the applicant to submit to Council a proposal to limit the adverse affects of low, moderate and middle income hous- ing for a period of 5 years. Stock said it is ha~d to pinpoint how much of a limitation would be put on the applicant, and he feels comfortable with 5 years. Stock said this only a limitation as to the occupancy and rental. Stock recommended that of the two that are to be restricted for 5 years, one of those not be occupied by the applicant. Councilman Behrendt asked if the Council's purpose is to establish a low, moderate and middle income housing category, why couldn't these be put into that for a substantial amount of time. Stock said at this point the City could bargain with the applicant for longer periods of time or more units. At some point the cost of subdividing will be so high, Council may be challenged on their actions. At this point, it is not clear that the ordinance allows Council the option of saying no to an exemption request. When they adopt the amended Sec. 20-22, they will have that option. Stock pointed out,that the applicant has not demonstrated his property is not low, moderate and middle income housing. Council's attempt is to minimize the effect of condominiumization on the housing pooi. Stock said Council could deed restrict 2 units for 5 years to price and occupancy guide- lines. Stock said the point is not to go too far such that Council begins to take the property without compensation. Councilman Van Ness said Council agreed to treat these applications under Ordinance 53. It is not fair play to treat this application any different than any other application. Grice pointed out the P & Z motion did suggest prohibition against sale of the 2 units for 5 years. Mayor Standley said the sale restrictions should be to PMH guidelines, and they could either be sold in block or condominiumized units Under PMH. The units will have to remain in PMH for 5 years. If the units sell within five years, they are deed restricted to PMH sale if sold individually or to block sales as free market facility with a PMH rental guidelines being imposed. Kaufman pointed out these units technically are not low, moderate or middle income units. The guidelines Council will adopt would have a rent of $350; the rent on these units is $600. Stock said these units should be put in the middle income housing category. Councilman Isaac moved to approve the subdivision exemption of the Brownell duplexes restricting two units to current rents plus annual PMH escalation for a period of 5 years prohibiting the sale of 2 of the units for 5 years; alloWing the sale of all 4 units as block but carrying the 5 year PMH rental restriction and escalation, or allowing the units to be sold separately as PMH units; seconded by Councilman Parry. Councilman Isaac asked that the condition of moving the fence 20 feet be added. Kaufman told Council that when his client deeded the road to the City, he was told he could keep the fence. Stock told Council the standard encroachment could call for removal at any time. Council allowed the fence to be an encroachment. All in favor, motion carried. SUBDIVISION EXEMPTION - Reeder Mayor Standley pointed out to Council this exemption is recommended wi~h two specific Subdivision conditions, (1) development on lot 15B is allowable only in connection with lot 16, and !!Exemption (2) development on lot 15A is only allowable in connection with lot 14. Councilman Isaacl Reeder asked what the additional build out would be. Grice told Council one side is zoned lodge and this could be used for additional density in developing lots 16 and 17. Jeff Sachs told Council how many units could be built depends upon the FAR. The advantage is that since 15B has to be developed with the other two lots, there will be unified ownership of 2½ lodge-1 lots to come in at the same time under GMP. This will encourage one application and review of development. Councilman Isaac asked if by adding both of the lots to other parcels, is another build- ing site being created. Sachs said it would not; the City has de facto divided the lots by putting the zoning district right down the middle. By putting the R-6 lot with its adjacent lot, a building site is probably eliminated. By approving the plat, the Council!~ has restricted the applicant to the development of the R-6 lot to what is already there. On the Lodge-1 side, the Council is not increasing or decreasing the build out on the other side of the road. Whoever owns this parcel, Reeder, will come in for a build out based on the number of square feet; this is subject to GMP competition and applicable zoning regulations. Stock said they could build 3 studios with additional 4300 square feet of land. Councilman Behrendt pointed out these buildings already overlap and there is fairly heavy density, is this already overbuilt. Sachs said on the R-6 side, lot 15A side, all there is is an encroachment of an adjacent building. The other side, L-l, is totally unbuilt. Councilman Behrendt asked for a review of these lots to see if, in fact, they have been fully developed; a re-examination of what has occurred over the last five years on lots 15A and 15B, 14 from engineering and building department. Mayor Standley asked if the concern was that lot 14 is overbuilt and therefore, some of the density from 14 is accruing to 15 and there is no additional development allowed. Councilman Behrendt said yes. Sachs pointed out to Council that Billings could sell the entire lot 15 to Reeder; Reeder could agree to not develop the R-6 and to go ahead and use the L-1 portion to come in under GMP. What accomplishes Council's purposes is to have a plat stating that R-6 is sterilized; if Council allows the plat to go ahead, there is no way Billings can develop the fractional R-6 lot. The plat gives the City a formal, recorded sterilization of that piece of property. *-~= ............ ~ aspen ~luy councll November 27, 1978 ' Councilman Wishart moved to approve the Lyle Reeder subdivision exemption given the conditions 1 and 2 in the memorandum from Grice; seconded by Councilman Isaac. All in favor, with the exception of Councilmember Behrendt. Motion carried. SUBDIVISION EXEMPTION WPW Karen Smith, planning director, told Council this is an old subdivision exemption where Subdivision lot lines were created separating the small lots around the old Victorina house, the Shaw Exen~ption residence. The purpose of the exemption is to ask for the change of the boundary line WPW on lot 19, to change the front yard width from 55 feet to 65 feet to make a conforming yard. Engineering departmenu has no objection; City attorney stock reviewed the language and approved it. Mayor Standley said there is a concern from Hallam Lake Preserve on the con, on boundary line regarding concerns about where the property lines are and how they are being treated. Mayor Standley said he would like to have Andy Hecht, attorney for ACES, sign off that they don't have any problem with this. Nick McGrath said the common boundary is not affected by this exemption. McGrath said this exemption cuts across and moves 10 feet one direction an existing lot line. The arc line is on a plat already of record. This does nou affect in any way the right of Hallam Lake Preserve. McGrath reminded Council they had had a long and difficult time with this application, had been in litigation. Mayor Standley said a possible building and the location of the fences is a real concern to the Preserve. McGrath reiterated this does not affect Hallam Lake Preserve. This project has been under way for a year and a half. They are merely moving the lot line to conform to the City code. Mayor Standley said this issue may be of concern to ACES and they have not been notified, regardless of whether there is a notification requirement. Ms. Smith suggested conditioning the approval upon satisfactory resolution of any boundary dispute. Councilman Van Ness moved to approve the subdivision exemption for WPW conditioned upon the satisfaction of ACES on the boundary dispute; seconded by Councilman Wishart. All in favor, motion carried. DISCUSSION OF SWIMMING POOL ORDINANCE, SEC. 13-74 Councilman Parry opted for number 4, removal of the ordinance from the Code. Councilman Swirmuing Pool Behrendt stated that economies have forced people to cover their pools and agreed with Covers - recovered number 4. Tom Dunlop ~old Council he had had almost total compliance with all lodges i town covering their pools. The three different mishaps prompted Dunlop to look at the ordinance again. With total cooperation from the operators, there is no need to have !" ! this ordinance existing. Dunlop said pool owners realize a s50 ~o $200 per month savings if they use pool covers. Dunlop pointed ou~ if it is a City restriction casuing pool ~ covers to be in place, the City may be liable in some respect. Councilman Behrendt moved to strike the law from the books; seconded by Councilman Van Ness. All in favor, with the exception of Councilman Isaac. Motion carried. Councilman Behrendt moved to direct City Attorney Stock to draft an ordinance to repeal the present ordinance; seconded by Councilman Wishart. All in favor, with the exception of Councilman Isaac. Motion carried. ANIMAL EUTHANASIA PROGRAM DEADLINE Animal Euthanasia Janie Gerber, animal conurol officer, told Council the way the law reads an animal becomes Program the City's property after 5 days in the City and 8 days in the County. There is a flat rate contract with the shelter month by month. Ms. Gerber said she would like to be able to keep adoptable animals longer than 5 days, only adoptable animals. Ms. Gerber said this will not cost the City any more money. Councilman Van Ness moved to save the adoptables; seconded by Councilman Isaac. Ms. Butterbaugh said she had talked t~ Steve Shubert, animal shelter owner, and his position is that he is providing a pound facility for the city not an animal shelter. Shubert is very much against this proposal; his profit margin is based on the kennels for the City not being full at every point. Councilman Isaac said he would like to see the cats saved as long as the dogs. Councilman Parry asked if there would be restrictions on this, they won't be kept forever. Ms. Gerber said it would just be adoptable animals and she is trying to keep it down. Ms. Gerber is trying to geu an adopting program to get animals into foster homes. Ms. Gerber said she is talking about 3 or 4 days. All in favor, motion carried. ORDINANCE ~38, SERIES OF 1978 Electric Rates Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 38, 1978 the public hearing. Electric Rates Councilman Isaac moved to read Ordinance #38, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~38 (Series of 1978) AN ORDINANCE AMENDING ORDINANCE NO. 30, SERIES OF 1976, AND ESTABLISHING NEW ELECTRICAL RATES FOR CUSTOMERS SUPPLIED BY CITY-OWNED UTILITY was read by the city clerk Councilman Behrendt moved to adopt Ordinance #38, Series of 1978, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Behrendt, aye; Isaac, aye; Parry, aye; Van Ness, aye; Wishart, aye; Anderson, abstain, Mayor Standley, aye. Motion carried. Regular Meeting Aspen City CounczA NovemDez MAYOR'S DEED - Frost Mayor's Dead Councilman Parry moved to approve the signature of the Mayor's Deed; seconded by Council- Frost man Isaac. City Attorne~ Stock recommended denial as he felt Mrs. Frst needed a subdivision approval before sale of part of her property. If this Mayor's Deed is granted, Council will be subverting the subdivision process. No one in favor, all opposed. Motion NOT carried. RESOLUTION ~27, SERIES OF 197R In Support of Season Passes Councilman Behrendt moved to read Resolution ~27, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. Res.27, 1978 ~n Support of RESOLUTION ~27 Season's Passes (Series of 1978) REOSLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ENCOURAGING THE UNITED STATES FOREST SERVICE TO ADOPT PRICE GUIDELINES THAT TAKE INTO CONSIDERATION THE EFFECTS ON LOCAL ECONOMIES OF SKI AREA RATE INCREASES WHEREAS, the Aspen City Council has become increasingly aware of the effects of United States Forest Service pricing policies on ski area economies, and WHEREAS, the Skiflation administrative appeal has afiorded an opportunity to the City to add its support to those requesting creation of United States Forest Service guidelines consistent with the City's concerns, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that it does hereby encourage and request the United States Forest Service to establish guidelines for the administration of rate increase requests (for all ski areas within the United States) that 1. Require an analysis of the environmental impacts of price structures considering, among other things, the technique of przce discrimination to reallocate and control usage; 2. Eliminate the use of a comparability clause because of its anti-trust and inflationary consequences; 3. Include consideration of the impact on local economies 4. Include opportunities for local employees to ski a~ affordable prices; 5. Require public disclosure of ski area operators financial statements; and 6. Require, at a minimum, one public hearing to be conducted in the vicinity of the ski area operation. was read by the city clerk Councilman Isaac moved to adopt Resolution ~27, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE ~39, SERIES OF 1978 - Condominiumization Policy Councilman Isaac moved to read Ordinance ~39, Series of 1978; seconded by Councilman Behrendt. All in favor, motion carried. Ord. 39, 1978 Condc~aini'umization ORDINANCE =39 Poli.cy (Series of 1978) AN ORDINANCE AMENDING SECTION 20-22 OF THE ASPEN MUNICIPAL CODE BY REPEALING AND REENACTING SECTION 20-22(c) AND ADDING SECTION 20-22(d) THEREBY REQUIRING APPLICANTS TO REDUCE THE ADVERSE EFFECTS OF CONDOMINIUMIZATION OF THEIR PROPERTY ON LOW AND MODERATE INCOME HOUSING was read by the city clerk Councilman Isaac moved to adopt Ordinance #39, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Isaac, aye; Wishart, aye; Van Ness, aye; Parry, nay; Anderson, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~42, SERIES OF 1978 - Deleting Cost of Living Increases Lois Butterbaugh asked that "under Step A" be changed to "a probationary period" Ord. 42, 1978 Councilman Behrendt moved to read Ordinance ~42, Series of 1978, with Ms. Butterbaugh's Deleting Cost of amendment; seconded by Councilman Wishart. All in favor, motion carried. Living increases ORDINANCE ~42 (Series of 1978) AN ORDINANCE AMENDING SECTION 2-76(a) OF THE ASPEN MUNICIPAL CODE BY DELETING THE PROVISION FOR EMPLOYEE COST OF LIVING INCREASES was read by the city clerk City Attorney Stock told Council this lust takes out sections referring to cost of living increases. Councilman Isaac asked what is happening on the employee evaluations. City Manager Mahoney answered that Warren Bennis would either help the City set this up or do it himself. Councilman Wishart moved to adopt Ordinance ~43, Series of 1978, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Wishart, aye; Isaac, aye; Behrendt, aye; Anderson, abstain; Parry, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~43, SERIES OF 1978 - A/nending the Model Traffic Code Councilman Parry moved to read Ordinance #43, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. Ord. 43, 1978  AmendingModel ORDINANCE #43 Traffic Code (Series of 1978) AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1978, WHICH ADOPTED BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR THE COLORADO MUNICIPALITIES" was read by the city clerk Councilman Parry moved to adopt Ordinance #43, Series of 1978; seconded by Councilman Isaac. Roll call vote; Councilmembers Anderson, abstain; Parry, aye; Van Ness, aye; Behrendt, aye; Isaac, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~44, SERIES OF 1978 Increasing Contractor's Liability Councilman Isaac moved to read Ordinance #44, series of 1978; seconded by Councilman Parry. All in favor, motion carried. Ord. 44, 1978 Increasing ORDINANCE # 44 Contractor's (Series of 1978) Liability AN ORDINANCE AMENDING SECTION 7-100(a) OF THE ASPEN MUNICIPAL CODE BY INCREASING THE CONTRACTORS' LIABILITY LIMITS TO $100,000, $300,000 and $25,000 was read by the city clerk Councilman Parry moved to adopt Ordinance ~44, Series of 1978, on first reading; seconded by Councilman Behrendt. Councilman Van Ness asked what the present liabilities are. Stock answered $25,000, $50,000 and $10,000. This is a reconlmendation from the Board of Adjustment. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Wishart, aye; Isaac, aye; Anderson, abstain, Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #45, SERIES OF 1978 - Definition of Commercial bakery ~.~'~Ord. 45, 1978 Mayor Standley said this definition is brought about by a location of a bakery in Mill i'Definition of Street Venture in the S/C/I zone, to allow limited retail sales. Cc~anercialCouncilman Parry moved to read Ordinance #45, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~45 (Series of 1978) AN ORDINANCE AMENDING SECTION 24-3.1(bb) OF THE ASPEN MUNICIPAL CODE PROVIDING FOR A NEW DEFINITION OF "COMMERCIAL BAKERY" was read by the city clerk Councilman Parry moved to adopt Ordinace #45, Series of 1978, on first reading; seconded by Councilman Van Ness. Councilwoman Anderson said it is an important issue that just about every business in the Mill Street building is non-conforming. This is just one more stopgap measure. Councilwoman Anderson said the Council ought to either rezone the area or declare every- body non-conforming and keep it S/C/I. The City is not following its own zoning. Perhaps they should recognize the fact that the neighborhood has changed. Councilman Isaac said he had spoken to the planning office and if the Council does rezone this N/C, which it is moving toward, it will open it up to CC or C-1 uses because of the pressure. Councilwoman Anderson said she felt very strongly that people in this building are zoning violations. Bill Dunaway pointed out these uses were all approved and are not violations. Council- man Behrendt stated the building was sold to Council on the fact the City had little of that kind of space it was designed for. Councilman Van Ness agreed with Ms. Anderson about the zoning; the zoning should be clarified and the whole problem should be attacked. Ms. Smith pointed out language adopted late in 1975 regarding commercial bakeries was specifically written into the S/C/I zone to preclue any over the counter sales in response to an application that came in. P & Z recommended to Council that the use was all right as long as it was totally wholesale. Commercial bakery was singled out with that definition because the tendency is to become more and more retail. Ms~ Smith pointed out that this summer there was a building permit for the wholesale and manufacturing portion of a bakery in the S/C/I zone but the retail was recommended elsewhere. Mayor Standley suggested the planning office put the documentation together for the Council before the second reading and public hearing. Roll call vote; Councilmembers Isaac, aye; Wishart, aye, Van Ness, aye; Behrendt, nay; Parry, aye; Anderson, nay; Mayor Standley, aye. Motion carried. ORDINANCE ~46, SERIES OF 1978 - U. S. Post Office - SPA Ord. 46, 1978 Councilman Isaac moved to read Ordinance #46, Series of 1978; seconded by Councilman USPO - SPA Parry. All in favor, motion carried. 2520 Regular Meeting Aspen City Council November 27, 1978 ORDINANCE #46 (Series of 1978) AN ORDINANCE REZONING LOT 2, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT SUBDIVISION, ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTER PLAN FOR THE SITE, THE ELEMENTS OF WHICH MASTER PLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilman Van Ness moved to adopt Ordinance ~46, Series of 1978, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Anderson, aye; Parry, aye; Behrendt, aye; Van Ness, aye; Wishart, aye; Isaac, aye, Mayor Standley, aye. Motion carried. Councilman Van Ness moved to adjourn at 8:30 p.m.; seconded by Councilman Wishart. All in favor, motion carried. ~a~thryn ~ Koch, Cfty Clerk