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HomeMy WebLinkAboutminutes.council.19780814 Regular Meeting Aspen City Council August 14, 1978 Mayor Standley called the joint meeting with County Commissioners together at 4:15 with Councilmembers Parry, Johnston, Wishart, Isaac and Commissioners Child, Edwards, and Kinsley present. Also present were City Attorney Stock, County Attorney Stuller, City Manager Mahoney and County Manager Ochs. 1. A-95 Economic Development Planning Program. commissioner Child suggested the Boards make unfavorable comment on any economic grant until they see the whole outlay of all Economic the grants that have been applied for. Commissioner Child said there seemed to be a lot Development of overlapping grants and they just keep marching through. Mayor Standley pointed out Planning this application would not affect Pitkin County at all, just communities with declining Program economies or limited growth. For this application there is no schedule, no time table, no start or finish date. Commissioner Kinsley moved to forward with negative comment based on Commissioner Child and Mayor Standley's comments; seconded by Councilman Isaac. All in favor, motion carried. 2. North Star Ranch Financing Proposal. County Manager George Ochs told the Boards that this is the first step in attempting to resolve and formalize the position of the City and County on the acquisition of North Star Ranch. Nature Conservancy has discussed this with NorthStar the City and County, and had committed, not by contract, to get further in purchasing some Ranch Financing of the property. There are discussions on how to purchase the property from Nature Plan Conservancy. The County has developed a three year proposal to purchase from Nature Conservancy; this schedule is tentative. Councilwoman Johnston pointed out on the tentative schedule, it was divided so that the City pays more. Ochs said the City pays the second year and the difference is the inter-~ est. The schedule could be reversed so that the County makes the second year payment. In earlier discussions, it was indicated that the City could not make the payment this year. The City's payment would be in 1979 and a joint payment in 1980. Ochs pointed out there is are direct and indirect costs to Nature Conservancy, which are based on a percentage of picked up land, going through the legal processes, and working with the government. Jon Mulford told the Boards that $15,000 is direct legal fees, title insurance, surveys. The balance is 3-1/2 per cent overhead. The original quote was 4 per cent, this was questioned by the City Manager, and reduced. This is supposed to cover the costs of staff travel, time, etc. Finance Director Butterbaugh told the Council the only sixth penny money available is prior year surplus o~77,000. Ms. Butterbaugh stated the discretionary money over debt service in the sixth penny last year was $300,000. Looking at the requests being made, i it is impossible on the sixth penny. Mayor Standley asked if this could be an install- ment land purchase. County Attorney Stuller said not for the County. An option agreement between Nature Conservancy and Pitkin County was submitted. The City was not included because for federal funds only one governmental agency can be the applicant. Mulford told the Boards in the application for the grant, only one agency can apply and be owner of the land. They are hoping that $75,000 will be available from the state for purchase of the land. Ochs said there is a possibility the County could get $75,000 for funding all three years. Ms. Smith, planning director, said they had applied for $575,000. The Division of Parks and Recreation had to limit any application to $75,000. The County has been awarded this money contingent upon the federal funding coming through; they will know this October 1. If this does come through, the payment will be reduced $37,500 City and County each. Councilwoman Johnston asked if there were any water rights involved. Mulford answered there are two water rights off small streams from Richmond hill. Mayor Standley asked what the specific commitments the City made to this. Ms. Smith said the City has not made a specific agreement. There was a resolution to Nature Conservancy stating the intention to purchase. City Manager Mahoney said the City could jointly purchase this, but it would mean giving up a lot of other things. Councilman Wishart asked if there was another way to structure financing this. Mulford said their note with Smith was over a five year period. Ms. Stuller suggested an'alternative, ~o buy the property outright and issue a promissory note and make an installment purchase over any length of time Council is interested in. This would establish a payment schedule and offer tax exempt interest to Smith. The only problem with this is that the County is not eligible for any federal funds if they have closed on a piece of property. Jon Mulford suggested the County might keep one parcel of land out of the tax exempt interest note deal that would be eligible for the federal grant award. Mulford also suggested in future years submitting a different piece of ground for federal grants through the state parks and recreation department. Mulford said there is some criticism that this land is more passive open space than recreation. Mayor Standley pointed out that between the tax benefit and lengthening the time and figuring out what the dollar savings would be, the staff should be working on this before the Council makes any decisions. The staff should run these things out and then bring it back to the Boards. 3. City/County Budgeting for School District's Community Drug Program. City Manager Mahoney passed out a memorandum and a first draft for a program. Mahoney told the Boards he was not asking for action tonight. Mahoney said the officials have been aware C~t~nityDrug there is a drug problem in the community, especially with the young people. The City Program, funding had asked Dr. Brotman to come in and make observations to see if he could come up with some recommendations. Dr. Brotman did observe there are a lot of i~dividuals in the community who appreciate their freedoms and treat their territories ~elicately. The various boards do not generally cross jurisdictionaly lines. After Dr. Brotman's visit, the staff continued to try to do something productive out of it. The City administration and police department met with the school district's administra- tion to critique Brotman's visit and his comments. The City and school district are in agreement that Brotman's recommendation to spend $40,000 to bring in outside consultants would not be productive. They felt there are people in this community, and the problem is in this community, who could do as much as anybody to solve the problems. Dick Lee has come up with a first draft for a program. The staff and school district feel this is a reasonable draft. Mahoney asked the City and County to consider in their 1979 budgeting Lee's program, and to put it in a proper position with the other budget consid- erations. Mahoney is recommending the City and County set aside a some of money to address the problem and the program. Mahoney said he felt the City and County should foot this bill because this should be crossing jurisdictional lines and all territories have this problem. This is a resort community and has sales tax to fund programs. Mahoney is suggesting that the City and County put up the money and the school district administer the program. Commissioner Kinsley stated be had become dubious about this program. Kinsley said he has not seen any programs for kids anyplace in the City. Councilman Wishart said he felt this deserves to be heard at joint funding budget hearings. Kinsley said he would like the word alcohol inserted in the program. Mahoney told the Board the staff and school dis- trict would continue to work on this before joint budget hearings. 4. Recycling Center. Mayor Standley pointed out the recycling bins at Cemetery Lane are the biggest mess anywhere, and you can't recycle anything. County Manager Ochs said thereRecycling has been a lapse in personnel, and this would be cleaned up this week. Center Ms. Smith reminded both Council and Commissioners of the Little Annie's meeting Tuesday. Little Annie This is being held at the applicant's request and is to review the progress of the meeting application. There will be preliminary comments from the reviewIng agencies. Council and Commissioners went into an executive session at 5:00 p.m. ~egu£ar Meeting Aspen City Council August 14, 1978 COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of the July 10, 1978, meeting; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE These were put off until the next Council meeting CITIZEN PARTICIPATION Fountain at 1. Margaret Johnson said she felt the decision to put a water fountain at Hyman and Mill Mill & Hyman is not a good one. The fountain will not be particularly aesthetic. COUNCILMEMBER 'COMMENTS 1. Councilman Wishart stated he had not been notified of the Council budget sessions. Mayor Standley said these were scheduled at the work session, and everyone has been getting calls everyday. 2. Councilman Wishart asked for a report on the ditch pro3ect in the west end. A lot Ditch project/ of money went into getting these ditches working, and they are not working this summer. west end City Manager Mahoney told Council this pro3ect was given to the parks department this summer. There were two collsge students working on the ditches. They have been pulled of this project to finish the Rio Grande, Iselin and Wagner parks. Also holding up the ditch program is waiting for the asphalt and to cut through the streets. Mahoney said it did not seem appropriate to fix the ditches, then cut through the streets and put, on asphalt. Mahoney told Council he did not anticipate having the ditch project completed until September. 3. Councilman Parry asked for an update on Bass park. Previously the parks department has been asked to look into this and see if they could get the fountain running. Mahoney Bass Park told Council he thinks he has a satisfactory pump to work the fountain. It will cost about $500 to install this submersible pump. UNDERAGE DRINKING IN LIQUOR LICENSED ESTABLISHMENTS Underage Mayor Standley said he would like to discuss liquor problems of licensing and enforcement. 'Drinking in Mayor Standley stated he had received phone calls from people concerned about underage Liquor Licensed drinking taking place in bars in Aspen. The problem is getting out of hand. The bar establishments people are not doing any checking when they qet too busy. Mayor Standley told Council he had personally observed underage people drinking in bars. Mayor Standley stated this is the kind of problem that results from too many licenses; the bars have to be looser when they need to make money, and they don't have as tight of a control. Mayor Standley pointed ou~ that there were five underage violations; two of them went to public hearing and had their licenses temporarily suspended. Mayor Standley said he had discussed this with police chief Marty Hershey and football coach Pete De Gregorio; they know what the problem is. Parents are getting concerned about this, and the Council should be concerned too. Pete De Gregorio told Council he goes to a number of bars and sees a number of underage kinds drinking and being served. Sometimes it is not the barowners fault as someone else is buying the liquor. Some of the bar owners are concerned because they are present tonight. De Gregorio stated one owner told him that if the waitress stopped 5 minutes to check ids, the bar is loosing a whole round of drinks. De Gregorio said he would be willing to help the Council, should they want to take a strong stand. This problem can be approached on a Council level as well as a City level and a police level. Pat Dalrymple, president of a group involved in high school athletics, stated he felt this is a terrible problem. Not only is this a morality problem, it is a problem of safety - with the drinking and driving. Dalrymple pointed out it hurts to get kicked in the pocket; if a license is temporarily suspended for underage drinking, they will not do it again. It is up to the barowner to check IDs, and it is up to the police department to check the barowners. Dalrymple said he would like to see the City administration, police department and business people qet behind this and stop it. Sid Baxter, manager of the Rocking Horse, told Council he encouraged the police department coming into bars. The sight of a policeman is the sight of authority and it does help. Police Chief Marry Hershey said the police department has made a practice of patrolling the bars in town. Herskey stated he was aware of the major violators in town, and there are far more bars ~adherlng to the rules then not. Hershey told Council he was having a staff meeting of the police department, and will have the police department enforce the City and state ordinances. They will be citing bar owners, managers or waitresses. The citations will be handled in municipal or county court. A report will be made to Council so that when licenses come up for renewal, Council will be aware of the offenses. Hershey stated he felt that citing the kid drinking will no~ make the bar owner wake up. Dick Carter said he felt that people 18 to 20 in the bars as a moral problem is ridiculous. They are adults in many states in the east. Mayor Standley pointed out the Council did not make state laws and the City does not have the latitude to overlook these laws. Jeff Sachs suggested one of the positive approaches is to figure ways to keep kids occupied. Marvin Jordan asked about having more 3.2 beer places. Ray Lucchini, Cooper Street Pier, told Council the problem with 3.2 places is that they cannot pay the rent. The way the rents are in this town, this is a basic economic fact. Regular Meeting Aspen~Clty Council August 14, 1978 Mayor Standley pointed out after the police start running ID checks and turning in reports, then the burden is on the Council. The Council has the right to suspend any liquor license after a hearing for a violation. Councilwoman Johnston said she felt the City and Council had been lax in the area of insisting on enforcement. If the Council believes in this, then there has to be a strong enforcement policy on every rule and regulation. Sid Baxter stated he felt the bar owners and managers needed the help of the community; if people know kids who are underage drinking, they should tell the owners. Tom Iacono, Grog Shop, said he felt the liquor license owners needed the support of the City and of the police dpeartment, too. Iacono pointed out a bar is the responsibility of the licensee, and it is his responsibility to see no one underage drinks there, and that his employees do not serve to underage people. De Gregorio thanked Council for the oppor- tunity to air this problem, which they feel is a major problem. De Gregorio said he would like to hear Council's direction and approach to the problem. Hershey reiterated he was having a staff meeting; he would tell his patrol to go to bars and where they see or sus- pect underage people, they will try to check IDs. The police department will be enforc- ing laws and local ordinances by issuing violations. Hershey will report back through city channels, which will eventually reach the City Council. De Gregorio said he would like to see door checkers at the majority of the places that are not restaurants. LIQUOR LICENSE RENEWAL - Paco's Tacos Tom Dunlop asked that Council approve this conditionally on his health inspection. Liquor License Dunlop said he had a reinspection to see if everything he had asked was being done. Renewal - Paco's Tacos Councilman Parry moved to approve the liquor license renewal for 3.2 beer to Paco's Tacos conditioned upon Dunlop's approval; seconded by Councilman Van Ness. All in favor, motion carried. SPECIAL EVENT PERMIT - Visual Arts Board Special Event Marty Kahn told Council that the Visual Arts Board had hired a director, Phillip Yenawine Permit - and they are very excited about this. The Visual Arts Board would like to have a party 'Visual Arts on September 23 at the Holy Cross site welcoming Yenawine and to let people meet him. Board This will be a low-key party. Councilman Isaac moved to approve the special event permit to the Visual Arts Board for September 23; seconded by Councilwoman Johnston. Ail in favor, motion carried. REQUEST TO SET PUBLIC HEARING - Consideration of Liquor License - Souper Tom Dunlop requested this be taken off the agenda. The Souper has made temporary repairs in the kitchen and restaurant. Dunlop has a final inspection in two weeks; if the work does not materialize, he will request another agenda time. Request to set public hearing APPOINTMENT TO PLANNING AND ZONING COMMISSION Souper Councilwoman Johnston moved to nominate Ellen Anderson to fill the vacancy on P & Z; Appt. to P & Z seconded by Councilm~n Wishart. E. Anderson Councilman Isaac moved to nominate Nancy McDonald to fill the vacancy on P & Z; seconded by Councilman Parry. By paper ballot, Ellen Anderson to elected to P & Z. TAKE THE MONEY AND RUN - Foot Race Mayor Standley explained this is a one lap foot race through various streets in town and Take the Money the bike path on September 9th. John Mele, Aspen Savings and Loan, told Council $1 will and Run-foot be taken out of every entry feel and will be given to the junior Nordic program. Council-race man Isaac said if there is any street closure or coordination, to be sure to get with the police department. Councilman Isaac moved to give permission to use the City streets for this race; seconded by Councilwoman Johnston. All in favor, motion carried. COMMUNITY GARDEN EXTENSION Mayor Standley noted there was a memorandum in the packet from John Wells requesting the C~¥~'tunityGarden City to keep this program going and to expand the number of lots. Wells told Council extension there were 12 or 14 people in the audience for the request to expand. The reason they are asking at this time is so that people who are interested can plant perennials in the next 2 or 3 weeks. Councilman Parry moved to give permission to expand to the necessary lots; seconded by Councilman Wishart. City Manager Mahoney said he had no problem with this. They have been good gardeners and tenants. All in favor, motion carried. RED BUTTE SPEED BUMP REQUEST Mayor Standley reminded Council this was tabled from the last meeting. There is a new petitions and letters submitted. Everyone living there is in favor of having speed bumps Red Butte Drive installed on Red Butte Drive. Mary Me~denhall told Council they felt that two speed Speedbu~p bumps were needed as there are two long stretches for a chance to speed up. Mayor request Standley told the residents to work out with the City Manager the number and size of these speed bumps. Councilman Isaac moved to install speed bumps on Red Butte Drive with the residents working with the City Manager; seconded by Councilwoman Johnston. All in favor, motion carried. Regular Meeting Aspen ul~y uounc~ ~ ..... · .... ENCROACHMENT REQUEST - Hunter Square Building Mayor Standley told Council this is an encroachment request for a split fence that was installed to keep people from cutting across the lawn. Eacroa~t - Hunter Square Councilman Parry moved to approve the encroachment request with the standards three Building clauses, indemnification, removal, and insurance; seconded by Councilman Van Ness. All in favor, motion carried. ENCROACHMENT REQUEST - Pitkin Center Bank Bill Clark told Couneil there was no recommendation from the engineering department as he had not had the information ~n On time. Clark stated they were asking for, on the east Encroackment side of the proposed building encroachment for three area wells which are one-half of Pitkin Center , Bank 6 feet in diameter. These will be inserted into the planting area part of the building. The purpose of these is to provide additional air and light to the lower level of the building. Clark stated he was advised by his architect these are not needed to comply with the building code. Clark stated the benefit to the community of more light and air will enable him to provide a wider separation between the bank building and another building to the west. Clark stated the required open space is 25 per cent; they have provided in excess of 35 per cent. Dave Ellis, city engineer, told Council he would reconlmend this encroachment with the three standard items and subject to the fact that the building meets the code without them. Councilman Isaac asked about the change in plans after the growth management review. MS. i Smith told Council this proposal does not affect any portion of the.plan which was reviewed. Councilman Parry moved to approve the encroachment with the standard three items; seconded by Councilman Isaac. All in favor, Mayor Standley abstained from voting as he had worked with the applicant in the past. Motion carried. EASEMENT TRANSFER - Sanitation District Easement Rick Stevens, Wright-McLaughlin, told Council the Aspen Metro Sanitation District has an easement through the Rio Grande playing field. They need to use this easement to con- Transfer- Sanitation Dist.i struct a sewer line east. They would trade for an easement through the Rio Grande parking ~ lot. Any future development could be served by this sewer line. Engineer Dave Ellis concurred this would be advantageous to both the City and Metro Sanitation, subject to them vacating the old easement and the accommodation of the future storm drain. Councilman Parry moved to approve this transfer conditioned upon the three points in Ellis's memorandum; vacation of old easement, the storm drain, and the restoration; seconded by Councilwoman Johnston. Stevens told Council this would be a three week dig period. They would try to schedule it during a quiet time. Councilwoman Johnston said the agreements should be reviewed and approved by City Attorney Stock. All in favor, motion carried. HOROWITZ PROPERTY City Manager Mahoney reminded Council the City has a utility easement through this property, so as far as managing the water and electricity, the City is comfortable. There Aspen Mt. / is the police corral on the property. There ~s no pedestrian access to the mountain. Horowitz propert~ Horowitz is planning to build a residence there, which will lock out free pedestrian access to the ski area. Mayor Standley asked if this would have to go through the growth management plan. Ms. Smith answered not for a residence, but for a commercial building it would. The growth management plan exempts single or duplex an already subdivided lots. Councilwoman Johnston asked if this would have to go through rezoning. Ms. Smith said it would, which would take about two months. City Attorney Stock pointed out that the City cannot purchase this property under the terms Horowtize has requested. They have asked for an installment of five years. The City can only go with a series of options or a lease purchase. Councilman Wishart asked if anyone has approached the Ski Corp on there interest. If the City doesn't have access, neither does the Ski Corp. Councilman Wishart said he was not interested unless the Ski Corp was. Councilwoman Johnston said if the City keeps this property zoned C, conservation, isn't it accomplishing the same thing. Mayor Standley said the City canno= keep it in C, conservation zoning. Ms. Smith pointed out to Council a single family house can be built in the C zone. Councilman Wishart stated he was not interested in purchase by the City along. Councilman Parry said he was interested in pursuing this but wanted to find out all the information. Councilman Va Ness said he felt this was a Ski Corp problem, and the City should touch base with them. Ms. Butterbaugh said probably a tax advantage would not be valid if private owners bought the land. Councilman Isaac said he would encourage this but with the Ski Corp. Mayor Standley said his interest was the same, and he would contact the Ski Corp. Council asked the City Manager to also contact adjacent property owners. SUBDIVISION EXEMPTION - Beuttas ~Subdivision Richard Grice told Council this is a request for exemption from subdivision for a triplex Ex~ption located at the corner of West Hopkins and Second street. Grice showed a map which indica- Beuttas ted the lodges and multi-family dwellings in the area. Three units on a lot of 9,000 square feet is not uncommon in this district. The property is zoned R-6. Grice told Council he had checked with the building department to make sure this was legal (the three units) prior to 1974. There is a two-story duplex and another unit, which was converted from a veterinary clinic. The existing dwelling unit has less impact than the previous use. aspen ~lty ~ouncl± August 14, 1978 The engineering department reviewed this; their only comment relates to sidewalks. The master plan for this area would have sidewalks as wells as curb and cutter on both fronts. Grice suggested the applicant constructs Sidewalks on Hopkins and Second streets; there are curb and gutters. Grice told Council the duplex has been short-term rented and has never been part of the low and moderate income housing. The unit on the rear of the property is presently being rented by employees. The housing director, Mark Danielsen recommends that approval be conditioned upon the owners granted six month minimum leases, 90 right of first refusal, and 180 days to reloc- ate. The P & Z recommended approval subjected to the construction of the sidewalks, leases of six month and right of first refusal. Councilwoman Johnston stated she has an increasing problem with people managing to get their units vacated and then coming in for a subdivision exemption so there is no tenant displacement. Grice said in this case there have not been long term tenants since 1968, which was verified by Danielsen. Councilwoman Johnston said she wanted to pursue a covenant to go with the property so that the restrictions do not lapse after the first owner. City Attorney Stock said he had not selected the proper~ strategy or period of time these restrictions should apply. Stock suggested putting a deed restriction on the property, which will then be part of the recorded document at the Courthouse. Marry Kahn said he did not think his clients had any problems with the six month minimum leases. The single unit has a year's lease for about $300; they help maintain the property. Kahn said he had no problem complying with Ordinance ~53, nor having the restrictions run with the land. Danielsen said these units could be placed under the housing price guide- lines for maximum rent for a certain amount of time. Councilman Isaac said he preferred not to table this, as the Council's discussions on housing have been dragging on and on. Mayor Standley said he had no problem calling a hold; Kahn has presented no hardships. Kahn pointed out there are present laws and policies that the applicants have followed. His clients had a change in situation and do not want to short-term the units any more. They have agreed to Ordinance #53, which is the present law. Councilman Parry pointed out the City is after more long-term housing, and this will give them two more units. Council- woman Johnston said she would like to hold up the flow of exemptions and condominium conversions until Council gets a policy worked out. Councilman Isaac moved to approve the subdivision exemption for Beuttas with the conditions of improvement agreement on construction of sidewalks, agreement to long term leases and 90 days right of first refusal, Ordinance ~53 compliance and deed restriction; seconded by Councilman wishart. All in favor, motion carried. Mayor Standley said under the housing policy, Council will consider no more subidivls~ons or exemptions until they get a housing policy done. SUBDIVISION EXEMPTION Frishman Grice told Council this is a duplex located on the corner of Second and Smuggler across Subdivision from Triangle park. The property is zoned R-6 on three lots of 9,000 square feet. The E~emption - engineering department recommends approval without conditions. Danielsen revieWed this, Frishman and until a few days ago one unit was lived in by the Frishmans and the other was rented to an executive of the Aspen Institute. This indicates the housing was not part of the low or moderate income housing market. Danielsen recommends approval, as does the P & Z subject to conditions of Ordinance #53. I~ Councilman Isaac moved to approve the subdivision exemption to the Frishman's subject to Ordinance ~53'7~nd deed restriction; seconded by Councilwoman Johnston. All in favor, motion carried. HOUSING POLICY STATUS REPORT - Guidelines for control of employee housing Ms. Smith told Council the planning office is proceeding on Council's direction to prepare data and review data related to housing policy concerns. These areas are (1) supply of Housing Policy housing units, (2) condominiumization, (3) PMH overlay district, (4) policy on bandit Guidelines for units, and (5) housing price guidelines and a timetable related to these issues. Ordinance control of ~53 modification will be included. Tonight's discussion will focus on the housing price employee housing guidelines. Last November, Chuck Vidal prepared guidelines for rental and sale prices for low, moderate and middle income, basedon on two-bedroom, 800 square foot units. Mark Danielsen has prepared a study varying price based on the size of the unit. The planning office would like Council's direction as some of the 1978 GMP residential applica, tions are coming through. Planning office would like not only pricing guidelines, but a time period for the guidelines to be applied, and how the guideline may increase. Danielsen told Council he had started with the guidelines set for 1978, and tried to come up with guidelines for low, moderate and middle income categories and something that a developer can live with. This is an attempt to put together financial feasibility and goals and objectives of the housing authority. Danielsen stated from an employee survey 3 years ago, 50 per cent of the employees were making $10,000 a year. Danielsen has made the assumption that it is not $12,000. From this, Danielsen asked how many dollars they can afford for housing, and gave this a maximum of 33 per cent of income. From this, Danielsen worked out the principle and interest and compared that to what rental should be. For the low income category, for a studio, the rental rate of $175 compares with the monthly principle and interest payment. Danielsen said he felt these guidelines are realistic in terms of what a developer can do and in terms of an employee's pocketbook. Danielsen told Council it was unrealistic for a person earning $12,000 or under to purchase a three bedroom unit, and this has been excluded as purchase. These price guidelines should give the developer an exact indication of what the City is asking of him in terms of coming under the growth management plan. ~egular Meeting Aspen city council August Jeff Sachs said his clients, who have a development allotment under the GMP, said they would be willing to comply with the guidelines, but suggested to Council they encourage the developer to allow a person to buy the unit for 90 or 100 per cent financing and have the developer carry the paper. This alternative would encourage low cost housing owner- Housing policy/ ship. Mayor Standley pointed out at this point, Council does not know if the City needs subdivision sale units or rental units. Mayor Standley said Council does not what whether to give moratori~ higher points to a developer willing to sell and carry the paper or willing to rent; this issue has not been solved and should be addressed by this housing approach. Councilman Isaac asked about the timing on changing of the guidelines every year. Daniel- sen stated the figures should be modified annually, and these figures should serve for 1978 and be adjusted next year at the beginning of April, which is totally flexible. The reason for the adjustment in April is the figures Danielsen is using is the National Consumer's Price Index for all items under the clerical and wager earner's revised index using 1967 as base year. Waiting until April would give Danielsen the most accurate, up- to-date figures. Mayor Standley said he felt the NCPI all items, had no relevance to Aspen. A construction cost index or some type of smoothing curve would apply more to Aspens. Danielsen told Council he had a local employee salary index, made up of 15 jobs from the City, 15 jobs from the County and 10 or 15 jobs from the private sector. Danielsen arbitrarily selected jobs, averaged them together, and came out of an average salary of $1057/month. Mayor Standley pointed out this bias is 2/3 in favor of government, which has strict wage standards. Mayor Standley said he felt this was not a valid approach. Danielsen said he does not want to use that because no matter what base he takes, which has no historical validity, it will inherently be biased to some sector. Danielsen said he had to use an index which does have historical validity and which is accepted on a national basis. Danielsen pointed out the construction data available is only that, bricks and mortar, and in Aspen this has very little to do with what a person can afford. Con- struction costs have risen 15 per cent, which does not correlate to the 5 to 10 per cent a person has received in salary increase. The NCPI takes into account everything, shoes, television, groceries, and this determines what people can afford. Mayor Standley stated the NCPI does not have a thing to do with the local market. Mayor Standley said Danielsen's rationale for using the NCPI is pure supposition. Mayor Standley pointed out there are all kinds of regional indices available. Mayor Standley said he could not support the assumptions that come up to a pricing guideline. These are not fair to the development side of the question, and is not realistic in evaluating the ability of local employees to enter the market. Mayor Standley said Council could not push for price guidelines until they have the required information of 1 through 5 on Ms. Smith's memorandum. The provided information will not help Council make a decision because it is not relevant. Mayor Standley pointed out people would figure out ways of enlarging units so that when they are no longer restricted, they would bring a higher re-sale. People will over-develop now in anticipation of higher price later, and are willing to subsidize in the short run. City Attorney Stock said there are certain legal limitations on how long Council can restrict these price guidelines. Stock said the end line could be the rule of perpetuity, which is to take a group, say that you may not restrict the property longer than the life of the longest member, plus 21 years. Stock recommended if Council would be placing a limitation, they place this on the sale price, provided this sale takes place shorter than the perpetuity rule. Council may want to consider a multiplier on the term. An applicant who is willing to extend a control on his rents for 10 years should be given more credit than the applicant willing to extend for 2 years. Make it an option that the applicant elects and use it as a multiplier, points times number of years willing to extend the property. This would create a benefit for a person willing to control the property longer and is made by the applicant in his submission. Jon Mulford, representing A1 Nicholson who received GMP allocation, stated 3 of the units would be restricted. Mulford stated that representations were made from the planning office that restrictions would be for 5 years, and they relied on this statement. Mayor Standley pointed out the only people that could make those decisions are the Council, and they never represented any time limits to anybody. The planning office cannot make representations until Council has adopted a policy, and Council has not adopted a policy. Bil Dunaway pointed out during the conversations-on the growth management plan, applicants got points for control of housing; this should go on because people got points for that control. Jeff Sachs told Council that people have spent a lot of money to submit applications on January 1; ordinances don't say what the low, moderate and middle are. Applicants want them to say what they are. There appears to be an arbitrary allocation of points. Mayor Standley said the Council would adopt guidelines they coulb believe in and defend, and would not do that until they had professional advice. Frank Woods suggested having the applicant deed over units, so this would not have to be an administrative nightmare. Councilman Isaac asked for information on the number of employee-type multi-family units that have not been condominiumized. Mayor Standley asked Council if they wanted to consider condominiumizations until they had clear direction and information. Putting a hold on condominiumizations may give P & Z some time to do some planning on this. Councilman Parry pointed out the two exemptions tonight did not reduce any moderate or rental units at all. Tonight added two units to the rental market. Councilwoman Johnston stated Council had taken care of those two, and it is a good stopping time to consider the housing. Councilman Isaac said the Council is not being consistent. Mayor Standley stated Council does not know what the hazard of these condominium conversions is because they don't have time to study the question. Councilman Wishart agreed with an administrative delay to consider this. Councilman Van Ness said he would like this to get done in the near future. Councilman Isaac said if Council puts a delay on condominiumization, he would like to put a shut off on the delay. Council suggested a November 1 deadline for P & Z and Council to consider this and come up with ~. a policy. Councilman Isaac moved to have an administrative delay until November 1st, and that's the end of the administrative delay; seconded by Councilwoman Johnston. This will give P & Z Regular Meeting Aspen City Council August 14, 1978 five meetings to work on this problem. Councilman Van Ness questioned what Council is considering requiring of condominiumizations; resale controls, rental controls, length of time. Mayor Standley said the staff, P & Z will have to come up with a reasonable packet. Danielsen pointed out the two major loopholes in Ordinance #53 are the time element, and tenant placement beforehand, and raising the rents unreasonably and tenants will move. Councilman Parry suggested a joint meeting with Council and P & Z so that Council can give them definite direction. Ms. Smith asked if the motion included just condominiumizations of multi-family and duplexes or also the 1978 GMP applications. Mayor Standley pointed out the issue under GMP is pricing and length of time control. The staff will get that into a form the Council can support. Mayor Standley suggested pulling in the County Housing Board and anyone else to help get this worked out. All in favor, motion carried. This applies to any condominium conversion. WHEELER OPERA HOUSE FUNDING Mayor Standley told Council he had been working with tax attorneys and national endowment Funding for lobbyists on a bill to make it legal to do leasebacks on historical buildings to investors,Wheeler Opera whereby the City can lease to somebody to do the fix up work on it, and lease it back to House the City. The City would operate it, or allow a management group to operate it. They get the tax deductions; they can afford to put the money into it, and the City has a minimal rent payment. This was created by a historic funding program, so that the City's don't have to sell historic buildings to allow the depreciation to take place for the investors. This would work perfectly for the Wheeler, and allow the City to get going on the project. Under this program, the City would still maintain total control of the Wheeler. Mayor Standley said he would have a presentation of this at the next meeting. DISCUSSION OF BUS NOISES Mayor Standley told Council he had been getting many calls regarding the buses on various streets around town. Some of the comments are that the City choose the cheapest, noisiest Bus Noises buses they could find. Mayor Standley stated the problem is realistic; they City is run- ning six buses now, and nobody wants them on their streets. Transportation Director, H. J. Stalf, said the 20 buses that are coming will only be run from 9 a.m. to 5 p.m., during business hours in the wintertime, when windows are closed and snow is on the ground. The problem impact is nighttime in the summer or early morning. Stalf said he gets complaints only in the summer time. Stalf told Council when the ordered the Blue Bird buses, they ordered the largest muffler and the quietest engine they could buy. These buses, however, are front end engine and more likely to make noise. Margaret Johnson asked if there had been research done, and what, on the routes, and are there routes that could be used where there are not residents and lodges. Stalf stated the present routes have been in existence for over two years without changes. In the summer there is the M.A.A. route, which is the one he gets the most phone calls about. When they were setting up this route, two years ago, he had a meeting with the west end, and Third and Fifth streets were picked for these routes. The reason the buses are on Aspen and Durant are almost solely because of the traffic light at Aspen and Main. Everything possible is routed through the traffic light, because it is difficult to make a left turn onto Main and the buses have to connect to Rubey Park. Tom Dunlop said he had taken noise level readings on the buses. The background automobile traffic on Aspen street without the buses is an average reading of 70 to 75 decibels; 80 decibels is the maximum. There were two readings of City buses right at 80 decibels, taken just as they were pulling out of depressions. Most of the decibel readings were around 70 to 75. Dunlop stated the County buses seemed to be quieter than the City buses. The background noises are almost as loud as the bus noises. There is no violation of the noise law. Gus Hallam suggested making Aspen street one directional, and Garmisch street the other directional. Mayor Standley reminded him the one-way street system was a real flop. Stalf said the Music bus in the only one that comes back Aspen street. Hallam suggested noise fences of 10 or 11 feet high. Dunlop said glass or plywood are noise reflectors. Stalf told Council the bus system carried 431,000 last year, most of them passed on Durant street. This year the buses will carry over 600,000 people. Mayor Standley said the staff would take this feedback, and Stalf is looking into some things on noise, and about restructuring the routes. All these will be considered. Stalf told Council the new buses have been altered so that the exhaust part will be on the street side rather than the sidewalk side. This should help some. STATUS OF ELECTION ISSUES City Attorney Stock told Council they could do a referendum on the mall question, but the Elections question then becomes what legal effect that has. If the City is going to have an electionIssues - under the 1970 Public Mall Act, certain things have to occur prior to the election. TheseCharter cannot all be completed within the time limit. If the Council, by resolution, places the Amendments question on the November ballot and it is approved by the voters, and the City begins initiating action under the 1970 Public Mall Act, and 51 per cent of the property owners adjacent to proposed extension oppose, then this has to go back to the electorate again. A vote in November cannot qualify under that particular act. Stock pointed out the opposite action is to begin the process under the 1970 Mall Act, and if less than 51 per cent oppose, then you don't have to go to an election. Mayor Standtey said Council basically promised the electorate they would bring the question back to an election for approval of the issue. Stock pointed out the City will take the gamble that even if it is approved, it may have to go back to the electorate a second time. The Public Mall act requires a public hearing with three public notices, the first of which is 61 and 74 days before the public hearing. Stock stated because 51 per cent has objected in the past, it is a real threat this may end up in election questions twice. ~egu±ar Meeting Aspen ~lty ~ouncl± August Mayor Standley said the Council also wanted to address the question of appointment of a member to a Council vacancy. Council wanted to come up with a Charter change to eliminate Appt. to Council from being the deciding factor. The two alternatives are to always schedule a Council special election for a Council vacancy, or to only let that person sit until the next general election. The risk with the second is the sequence would be off and it could be : 5 and 2 at election, rather than the 4 and 4. Stock advised Council the Charter could be amended within the terms of the Constitution which is the election cannot take place less than 30 days after the ordinance becomes effective. Stock said this question could be on the ballot in November if Council wished it. Mayor Standley said Council ought to give Stock the direction they want to go on this Charter change. Councilman Isaac said he felt the Council ought to have the power to appoint someone, and be appointed until the next election, at which time they would be elected to fill out the rest of the term. Mayor Standley said he did not feel Council should be appointing anyone. Stock said the Council may submit two Charter amendments dealing with the same section. The one with the most votes is adopted. Council decided to wait with this question until the City election in May 1979. Councilman Wishart said he would like to see the Council salaries increased. Mayor Standley said Council can set salaries by ordinance; these do not apply to people currently in office, only those re-elected or newly elected. Council reminded Stock they also wanted the question about off-street parking to appear along with the mall question on the November ballot. ORDINANCE ~21 SERIES OF 1978 - D~oste Water Extension Mayor Standley opened the public hearing. Mayor Standley told Council that Droste, his Ord. 21, 19781 attorney, Stock and Lee Leavenworth had discussed the list of conditions and have come Droste Water up with an agreement and addendUm. Stock went over the addendum for Council. Mr. D~oste Extension wanted everyone to know he is selling his water rights to the City because the City needs the water, not because he wanted to sell them. Also that the City approached Droste not vice versa. There is a statement that the property described is not owned by Droste. The second paragraph changes the water taps from 7-3/4 to 6; the agreement talks about 6 taps in the subdivision or if all el~e fails, 2, and if that fails, 1. On page 2 Section 3(i) (2) it states the last single tap is unrestricted. Page 4 states the 6 or 2 taps will be limited to irrigation of no~?more than 2,000 square feet of lawn, etc. No use to be made for irrigation at times when receiving untreated water. The City may limit them to times of use. Stock told Council this is an acceptable price and is not less than market price. This is now an unconditional sale. The lease of water back has not been limited to 15 years. Droste has to use his taps within 15 years. Mayor Standley closed the public hearing Councilman Par~y moved to read Ordinance #21, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE 921 (Series of 1978) AN ORDINANCE EXTENDING THE MUNICIPAL WATER UTILITY TRANSMISSION LINES BEYOND CITY BOUNDARIES was read by the city clerk Councilwoman Johnston moved to adopt Ordinance #21, Series of 1978; seconded by Council man Wishart. Roll call vote Councilman Wishart, aye; Van Ness, aye; Isaac, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Councilwoman Johnston moved to approve the addendum to the Droste Water Agreement; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~28, SERIES OF 1978 - Ratifying Bus Agreement with Elder, Quinn & McGill Ord. 28, 1978~ Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed RatifyingBus~ the public hearing. Agreement/ Elder, Quinn Councilman Isaac moved to read Ordinance #28, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE 928 (Series of 1978) AN ORDINANCE RATIFYING A CERTAIN LEASE OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND ELDER/QUINN & McGILL, INC., PROVIDING FOR THE INSTALLMENT PURCHASE BY THE CITY OF TWENTY BLUE BIRD BUSES OVER A PERIOD SIXTY MONTHS WITH QUARTERLY PAYMENTS OF $52,000 EACH, ALL AS MORE SPECIFICALLY PROVIDED HEREIN was read by the city clerk Councilman Wishart moved to adopt Ordinance ~28, Series of 1978, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Isaac, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ! ORDINANCE #29, SERIES OF 1978 - Vacating Alleys in Block 64 and 71 Ord. 29, t978~ Vacating Alle~ Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Blks 64, 71 Councilman Isaac moved to read Ordinance ~29, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #29 (Series of 1978) AN ORDINANCE VACATING THE ALLEY IN BLOCK 64, ORIGINAL ASPEN TOWNSITE AND A PORTION OF THE ALLEY IN BLOCK 71, ORIGINAL ASPEN TOWNSITE was read by the city clerk Councilman Isaac moved to adopt Ordinance #29, Series of 1978, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Johnston, aye; Wishart, aye; Isaad, aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Aspen One Property. City Manager Mahoney told Council the staff has recommended that Council, as owners of property near the golf course,, proceed with rezoning as outlined in Karen Smith's memorandum of July 27, 1978. The net result of this sale would be that Aspen One the City would get the Aspen One property from the funds after the rezoning and sale of Property the golf course property. Mayor Standley asked if Mahoney had discussed this with Aspen One. Mahoney said they are agreeable. They Will have,!an appraisal done to establish the value of the Aspen One property, and there will be an appraisal of the golf course lots. The City will have to come up with the difference in price. Ms. Smith presented three choice of lots along the golf course property, lots 6, 12, or 13. Ms. Smith said the engineering department has said that lot 6 is very much a part of the golf course. Everything surrounding the golf course, other than th~se lots, is R-15. Stock said on the question of subdivision and can the City seel those two lots without subdivision approval, the answer is yes. The joint ownership of lots that merge is only in the original townsite of Aspen. Since these were previously subdivided as separate lots, they need not be subdivided again~to be sold off. Councilman Van Ness moved to authorize City Manager Mahoney to get going on the process of getting property rezoned and negotiations going with Aspen One; seconded by Councilman Parry. All in favor, motion carried. 2. Request to Use Rubey Park. Mahoney told Council this is a request to locate the Denver Arts Van in Rubey Park. This is sponsored by the library and will be in the park- Request to ing area. Councilwoman Johnston suggested using the end of Mill street so that this van use Rubey does not take parking spaces aware from Rubey park. Also more people will see it if it Park is located there. Councilman Wishart moved to give the library permission to do this; seconded by Council- woman Johnston. All in favor, motion carried. 3. Maroon Creek Proposal. Mahoney said Council has been discussing water rights and budget sessions, and he has been advised that the City better address this Maroon Creek hydraulic study, which will cost $8700. Stock re-emphasized comments from the budget Maroon Creek session that this is important. The Council must budget funds to build the dam and to Water proposal take assertive steps immediately. Hydro-electric Ms. Butterbaugh told Council the funds would come from the water department and this woul~ have to be a supplemental appropriation for this year. Councilman Isaac asked if there was a chance to get money back from the federal government. Mayor Standley said there was a chance the project would be built with federal money, but there would be none for planning. Jenifer Carr told Council some of the money will go to Sheaffer & Roland for the data and the permits. The planning money will address the feasibility of the Maroon Creek hydroelectric generation. One of the major k~ses~ is that in addition to the resolution of hydroelectric generation, the City will get a comprehensive management plan for Aspen. This will address convention sources, as well as wind generation, thermal, solar, etc. Councilwoman Johnston moved that the Council proceed with the appropriation of the fundin¢ from water and entering into the contracts; seconded by Councilman Isaac. All in favor, motion carried. 4. Bus Depot Relocation. Mayor Standley told Council that the Trailways people have to relocate. The planning office has been looking around trying to find places in Aspen without much success. One of the big problems is the zoning. A representative of Bus Depot Trailways said they looked at a location on Mill street, which was out of the question. Relocation The area~.at Lift 1 is too much utilized in the ski season. The Trailways people said they heard Aspen was thinking about a transportation facility, which was going to be at the airport. Ms. Smith explained to Council that the only locations in the County would have to go through special review for the use, and this would take 2 to 3 months. The only immediate solution were in the City. Ms. Smith said she considered the transportation facility the!! best location in the future; this will take time. Council discussed locations in the City of temporarily on the Rio Grande, at the new post office site, the Hotel Jerome. Mayor Standley pointed out this is not the problem of the City, Trailways has known they would have to move for the last year. Trailways told Council there only alternative i is to close down the facility in Aspen.. They will run a bus into Aspen, but they need a place to unload passengers. The package and express will be dropped off in Basalt. The old or new Sears building was also suggested. Council told Mahoney that if he could be of any help to Trailways in locating a spot fine. Otherwise, Trailways will have to wait for a special review in the County. 5. Newspaper Vending. H. J. Stalf presented Council with a list of 15 location that recommended for newspaper racks on the City's right-of-way. There will still be some on ? Newspaper private property. The Denver Post will order and install the new modular racks. Mayor racks/vending Standley pointed out that some of these are too close to others and can be eliminated. 2457: Regular Meeting Aspen City Council August 14, 1978 Council reminded staff that they had to have the permission of the adjacent property owners in order to install these racks in front of their businesses. This will probably cut down on the number of locations of racks. Mayor Standley said to go with non-replace- ment of the racks until the staff sees how many will be on private proper%y. Councilman Isaac moved to adjourn at 10:10 p.m.; seconded by Councilman Wishart. All in favor, motion carried. Kathry~S. Koch, City Clerk