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HomeMy WebLinkAboutminutes.council.19771128 Regular Meeting Aspen City Council November 28, 1977 Mayor Standley called the meeting to order at 12:10 p.m. with Commissioners Child, Edwards, and Kinsley, and Councilmembers Wishart, Parry, Johnston, and Behrendt present. 1. Little Annie Joint Statement. Commissioner Kinsley ran this part of the meeting as Mayor Standley is a proponent of Little Annie's. County Attorney Stuller stated that Little Annies both the City and County agreed to study the Little Annie project, and that their actions Ski wouldn't be considered as an endorsement of the project. This agreement proposed is step three of the Colorado Review. The joint statement is a statement by all partici- pants in which they outline the concerns and criteria they hope to ap~ly, and basically outline what type review will be forthcoming. This gives the proponent an opportunity to e~her w~th~raw or to agree to go along with the joint statement. Ms. Stuller told the Board§ that this draft has been approved by the State of Colorado, Colorado planning office, the U. S. Forest Service and the planning office at th~s point. Ms. Stuller told the Boards that of major concern are paragraph 3(a) and 3(e). 3(a) says ~hat the Forest Service has looked at the site bu~ they are still concerned about the socio-economic impacts of the projects. This is where the City and Count~ come'into play. 3(e) addresses itself to the question of how this will be perceived with the othe~ pending applications, such as Owl Creek and Snowmass. The DiviSion of Local Governments and the Forest Service are already in a dialogue of how these different permits will be reviewed; whether or not Little Annie has priority; whether any of these other projeqts will have to go through the joint review. Ms. Stuller said she hoped in 3(a) 'a~d~i~ paragraphs 4 and 5 to include all the elements addressed in Bill Kane's earlig~ me~q~andum. This basically looks at the Forest Service concerns and expands on the C~ty and-County concerns. The City and County will continue with the premise that going through this process will not constitute endorsement of the project. If the Boards agree to the 3oint statement, all existing information will be compiled to be submitted to the planning office by April 1978. All the information will be coordinated and made public and a public hearing date set.. This is in advance of any specific permits reviewed by any of the local reviewing agencies. After the public hearing, work on the EIS will begin. The state and Federal Government did not qualify their participation except that the signing of the. agreement cannot override the requirement that appropriations be made before they are bound to,anything. Bill Kane has specifically asked for $10~000; $5,000 each from the City and County. If he cannot get that money, he ~s automatically out. Kane feels he needs this money to act as lead agency. Kane told the Boards he was really pleased with the way the agreemen~ is drawn. County Attorney Stuller has put a lot of effort into putting all the City and County concenrs in this. Kane said at some point there will have to be a choice between the competing ski area. The planning office has inventoried terrain that could be developed; this will add an additional 22,400~skiers per day. East Village capacity is 11,000; ~OWl Creek is 7,000 and Little Annies is 4,400. The community will have to make a choice as to where the expansion should take place. Kane said he intended to use the appropriations on consultants to verify the ~nformation presented. The proposal will be fully evaluated in terms of social and economic impact. Commissioner Child stated that one question had not been asked, do the community wants any skier expansion at all. This should be answered 'very early in the game. Commissioner Edwards agreed, stating he felt the need for additiohal ski capacity does not exist. The uphill capacity exceeds bed capacity right now. If there is any Snowmass build out and it creates a situation where uphill capacity fall behind bed capacity, at that point additional ski expansion might be appropriate. Anaylsis of that ought to be put into the study process. Edwards stated he felt this was one of the very threshold questions and one of the determinations that ought to be made. Kane pointed out there is a delicate interplay between the local jurisdiction and the Forest Service jurisdiction. The jist of the Regular Meeting Aspen City ~ouncll November z~, ±~/~ Little Annie Ski agreement is that planning, the use of Federal lands for skiing, is a joint process. cond. A hard line veto authority was specifically avoided. The land use agreement that exists between the Forest Service and the County alludes to a partnership role in planning. Realistically, the Forest Service's attitude is that there is going to be ski expansion in Aspen to the extent that there is already a permitted area a~ Snowmass/ East Village. The planning office is trying to get a comparative framework so that the Boards can look at all available potential expansions and choice the most appropriate one. In terms of timing, the arguement will be made that in terms of ski area planning and development, there is a 5 or 6 years horizon. The assumption is that in approving the Snowmass master plan and the growth management plan, there will be an expansion of beds. Therefore, at some point in the future, there will be a demand for additional skiing. Edwards asked if there was any objection to stating and reciting the concerns about timing and need for capacity. Mayor Standley said he felt this was appropriate but belongs in the Environmental Impact Statement. In projects Mayor Standley has worked on, he has had to address the appropriateness of timing and equilibrium balance. Councilwoman Johnston said her concern was whether the Boards wanted the planning depart- ment's time going into this. Councilwoman Johnston also asked if there would be another $10,000 for each of the other ski areas that come along. Councilman Behrendt pointed out that from various reports and studies, ski area expansion is being pushed in some areas. Councilman Behrendt said he felt that whether people want ski expansion is an important question, and perhaps should be a referendum at a convenient election date. Commissioner Kinsley said conceptually an election ~s a good idea, but the wording of the question has to be very carefully worded. Kane reminded the Boards that at this point, they are trying to develop a response to all the questions that have been enumer- ated so that when people do appear at a public hearing they have as much information as possible. This is geared towards the development of a public hearing. Kinsley said the question is whether in the list of things to be answered, should any further expansion be addressed. Edwards reiterated, is there is a need for additional ski area expansion in the Aspen skiing complex, and if so, what factors would trigger an indica- tion that that expansion immediately necessary. Commissioner Edwards moved that added to the agreement that one of the criteria to be determined is there apparent planning need for additional ski area expansion in the Aspen skiing complex, and if so, at what point in time is that likely to occur, and upon what other factors, including bed capacity, is that need likely to occur or be triggered; seconded by Councilman Wishart. All in favor, motion carried. Councilman Behrendt moved to approve the agreement as amended; seconded by Councilman Wishart. All in favor, with the exception of Councilwoman Johnston. Motion carried. 2. A-95 Review Western Slope Economic Development Technical Assistance. Brian ~West. Slope Stafford told the Boards this grant application is for $25,000 to provide on additional Eco. Develop. staff member at Grand Junction field office. This person is to serve the Western Slope COG regions. Stafford advised favorable recommendation because this person is primarily assigned the responsibility of collecting information to be used by COG counties. Stafford said it was a situation where if the counties don't take advantage of this person, they will lose out. ~ ' Commissioner Kinsley moved to forward the grant with favorable comment; seconded by Councilwoman Johnston. All in favor, motion carried. Senior Nutri%ion Program. Betty Erickson told the Boards she is recommending favorable Senior Nutrition comment. The application asks for $80,000 Federal money for a nutrition program. There Program will be requests of donations of 50 cents per person; the local match is only in-kind. There will be two noon day meals each week for senior citizens. The funds allow for a program director, cook and aide in serving meals. Commissioner Kinsley moved to approve with favorable comment; seconded by Councilwoman Johnston. Ms. Erickson said the staffing could be done at the City or County level, not regional. They are presently looking for a site right now for a kitchen and a place to serve. All in favor, motion carried. Mayor Standley reported that COG members had met in Dillon and interviewed four applicants. for Region 12 COG director. Tom Glass, former Mayor of Crested Butte, was appointed Region 12 COG COG director as of January 1. Mayor Standley said he felt that Glass would be a strong Director ally, and this has a chance of making COG work. Glass has been charged with redoing the budget immediately. There will be a meeting in January to put together the work program and review COG. Citizen Participation Shady Lane asked if the dump was open on Sundays. County Manager Ochs answered it is open from 9 to 3 on Sundays. Shady Lane asked who was responsible for the mess on 100 North Midland Avenue. There was confusion as to whether this was City or County. Mayor Standley told Lane he would have George Ochs and City Manager ~ahoney work it out and get the problem resolved. Councilman Behrendt said that over the last holiday, one of the carriers, Rocky Mountain, Rocky Mountain had been filling the plane to weight capacity and leaving all the luggage in Denver. Airways Councilman Behrendt said this problem is inexcusable and creates problems for anyone riding these planes. Commissioner Kinsley said he did no~ know what the County could do, but they could talk to them. Councilman Behrendt said this is taking unfair advantage of people riding planes. Mayor Standley explained that under F.A.A. regulations, if it is ITV, planes have to lighten up their load and they leave the luggage. Mahoney said he would like to talk ~o the PUC to see who has jurisdication over the tariff. The commuter tickets went from S22 to $26. Mahoney said he would like to see if they are required to have a hearing. aspen city Councll November 28, 1977 Commissioner Edwards suggested that the County might be able to put some requirement in the lease to suggest alternate operating procedures. The lease will be up for renewal in three years. The County can also look into Federal regulations about the luggage problem. Mayor S~andley said the quality of service by the private sector in this town has absolutely gone to hell. Mayor Standley relayed two incidents of rudeness by employees, one in a rental shop and one in a gas station. Mayor Standley pointed out the Boards had been talking about whether there is a need for more ski capacity. With this kind of attitude in the private sector, people will be going to other places. Mayor Standley stated that this is a negative reflection of what Aspen stands for. MINUTES There ~re no minutes submitted. CITIZEN B.A~TICIPATION 1. Ellen Anderson, representing the Pitkin County Clean Air Advisory Board, told the City Clean Air Council %hat this Board was appointed by the Commissioners in an advisory capacity to Advisory Board advise the Commissioners on anything having to do with air quality. This Board has advised the Commissioners on extra flights for Aspen Airways, On the fireplace standards, have had cards printed up for rental units with instruction on how to use a fireplace. Ms. Anderson told the Council that Channel 11 has a pollution standard index figure every-il day. This figure can be from 1 to 500 and is to get the public aware of the air pollutionl problem. -Every week to get people thinking about it, the may do something about it. Up to 1.00 i~.satisfa ~ory; over 100 is alert condition. cou~cii~an Behrendt asked if there were a jurisdiCtional problem between the City and County. The County is looking at the City's air space, and if they c~ll an alert, where does the-City stand. Environmental Health Officer, Tom Dunlop, told Council that there is a County ~esolution and in alert proceedings, the City of Aspen falls under the County's jurisdiction. Ms. Anderson said that if things go according to plan, the air pollution index will be posted and kept changing. Ms. Anderson told the Council they are using the term air pollution standard index because it is a national wording. Council asked if they could change the name, for instance to air quality index. Councilman Parry asked why it was necessary to keep on reminding people of this. Ms. Anderson said that people here don't realize how polluted the air is here. Dunlop reported to Council that he had the air pollution equipment set up in the Wheeler Opera House. People can go over there and see the equipment operatel COUNCi~EMBER COMMENTS 1. Councilman Parry stated that the City has been promised since June that a street car Street Car would be.~shipped here. It is in Holland. In preparation for this, the Council looked at places to put it. Councilman Parry pointed out there is a space in Rubey Park between Galena that'would be large enough. Councilman Parry asked if the City might agree to put it there temporarily. Councilman Behrendt stated this would have to go through HPC. Councilman Parry said he would like to go to the HPC to see if this could be used as an information boothe. 2. Councilman Parry reported that Cam Sparlin had talked to him and told him she had the Popcorn Wagon possibility to sell the Popcorn Wagon, which would be taken out of town. Councilman Parry said that Ms. Sparlin needed assurances from the City that she would be able to keep the P0Pcorn Wagon here on City property someplace around town. Dr. Barnard does not want to be bothered with it on his property. Councilman Parry said he felt the best place for it was the Sinclair property. Councilman Behrendt said he intention was, if there way any way to purchase the property, he would like to see the Popcorn Wagon kept there. Mayor Standley pointed out that Council tried to work with Ms. Sparlin for four years, and changed every rule in the books to do it. That ought to be enough assurances for her. 3. Councilman Behrendt requested a study session pertaining to a set of code revisions drawn up by the City Attorney. Ms. Nuttall told Council these pertain to some non-conform,code revisions lng uses ordinances; what happened at the Mouse House is a good example.. Councilman Behrendt stated that Ms. Nuttall had a number of optiOns worked out. The study session was set for Monday, December 5, at 6:30 p.m. 4. Councilwoman Johnston noted that in speaking about air quality, a plea that the City Air Quality ~ee .what's. happening to the air quality and do something about it. Councilwoman Johnston said She had a feeling it would get bad and no one will do anything about it. 5~ Mayor~Standley requested that City Manager Mahoney and Parks Director Jim Holland get iMall Maintenance actively on mall maintenance snow removal program. LIQUOR LICENSE RENEWALS Sanitarian Tom Dunlop recommended conditional apprOval on the following: Galena Street East, Little Annie"s, Red Onion, Steak Pit~ Pub, Holiday House and Country Road.. Mayor Eiquor License Standley stated that Galena Street East was flagged on the renewal becuase of a legal Renewals problem ~ith some minority sotckholders. This has been talked over with Chuck Dotson, St~e Liquor Inspector, and he saw no problem with Council approving this and keeping it flagged. Dunlop explained that he wanted the above restaurants to comply with his lists of outstanding violations before the renewal is sent to Denver. Councilwoman Johnston moved to approve renewals for Ute City Banque, Four Seasons, Aspen Mine Company, Aspen Drug, Maurice's, and Jake's; seconded by Councilman Wishart. All in favor, mo~.ion carried. Councilwoman Johnston moved to approve renewals conditioned upon Dunlop's approval for Galena Street East, Little Annie's, Red Onion, Steak Pit, Pub, Holiday House, and Country Road; seconded by Councilman Wishart. All in favor, motion carried. __ _._~ ..... .~==u~ Aspen City Council November 28, 1977 Hickory House HICKORY HOUSE - PurChase & Sale P~rc. & Sale Councilman Van Ness excused himself from the table as the applicant's ~ttorney. Di&nne Irvine told Council that she and her partner, Bill Stone, have taken over the leasell for the Hickory House for two years. Both Ms. Irvine and Stone have been working at the Hickory House for the last four years. Councilman Behrendt moved to approve the transfer of the Hickory House license to Irvine and Stone; seconded by Councilman Parry. Councilwoman Johnston asked that the motion be amended to include that anytime this license should sell or transfer, that it come back to Council for a complete regiew and that there be no use changes. Councilman Behrendt accepted the amendment. Ms. Irvine told Council the only change would be perhaps to ask for an extended hours. All in favor, motion carried. Stonehenge SILVER PLUME - Purchase & Sale by Stonehenge,of Aspen, Inc. Silver Plume Pur. & Sale Councilman Behrendt asked that until files are complete with the office of the city clerk, they not be brought to Council. Councilwoman Johnston said she was concerned that the list of creditors and financial matters be taken care of. Barry Edwards, representing Stonehenge of Aspen, Inc., told Council that this new corporation contracted to buy the? business November 10. The contract specifically provides earnest money to be placed in ~a trust account and paid from this account to take care of creditors. Edwards stated he did not think there was any doubt that the list of creditors will be paid by the proceeds. Edwards told Council that no money goes to the seller until all creditors are paid. Edwards said his clients feel certain there are not $40,000 of outstanding debts. Edwards explained the operation will be a restaurant, bar, disco type, with perhaps some small backgammon tables. There will be no pinball machines, etc. Councilman Behrendt moved to approve the transfer of the license of the Silver Plume including the usual transfer requirements contingent upon the completion of the file to the satisfaction of the City Clerk and City Attorney; seconded by Councilman Parry. Tom Dunlop told Council that this operation is currently remodelling inside to s6me extent. They have not asked for a restaurant license and probably would not do so until two days before they open. Dunlop asked Council to approve this transfer contingent Upon ~'his compliance. Councilman Behrendt amended his motion to also include the requirement of approval by Tom Dunlop; seconded by Councilwoman Johnston. Mayor Standley said he would vote against this because it is a change in use. This is a restaurant turning into a discoteque. There are enough discos around. If this is a transfer of a restaurant, it should be a restaurant. Mayor Standley said when an establishment changes uses, it ought to come to Council and prove the needs have not been met; it is not like for like. Transfers like this are side stepping going through full liquor license process. Mayor Standley said he felt that if a place is changing use, it ought to go through the whole process. Councilwoman Johnston said she would like a study session on the whole liquor license policy. All in favor, with the exception of Mayor Standley. Motion carried. Edwards submitted an 18-E just to let Council know what is going on. They will not be expanding the premises, just interior remodeling and putting in another bar. Councilwoman Johnston moved to approve the 18-E; seconded by Councilman Wishart. All in favor, motion carried. LE CABARET - Stock Transfer LeCabaret Stock Transfer Ashley Anderson, representing Pear, Inc., told Council they have a~liquor license for Le Cabaret. There is a contract by Pear, Inc., which will sell the real estate that is Le Cabaret. Dennus Baum, Robert Chumley and Martha Chumley will purchase this real estate December 6. Payment will be made and possession of the premises will go over to those three people. The contract then calls for the three people to lease the premises to a~new corporation, which is being formed, DR&M. The~principles will be Baum and the Chumleys. The other 24 per cent will be split among Abe Siani, the present owner, and Ron Garfield and Andy Hecht. Baum will be president and will have an active part in running the business. Anderson told Council that the business will be exactly the same; · Siana will be a consultant for at least two months. The operation will be a dinner-show without outside guests, like last winter. CoUncilman Parry moved to approve the purchase & sale; in case of sale or change in '~ nature of operation, this comes back to Council for full review; also conditioned upon receiving the articles a~d'certificate of incorporation; seconded by Councilman Wishart. All in favor, motion carried. Mayor Standley said he would like added to the agenda consideration of a moratorium on all liquor license matters pending a policy work session. This will not include renewals of existing licenses or penal action. Councilwoman Johnston moved to add this to the agenda; seconded by Councilman Wishart. All in favor, with the exception of Councilmembers Parry and Behrendt. Motion carried. Mayor Standley said he would like to see Council, acting as local liquor licensing authority, temporarily suspend all liquor license actions. Mayor Standley said he would like to have a work session to discuss all liquor license policy, up to and including the establishment of a separate liquor license board. Councilwoman Johnston requested a map of all the outlets and seating capacity. Councilman Behrendt asked if a moratorium were really necessary. Regular Meeting Aspen City Council ~v~z Ms. Nuttall told Council that applicants can become entitled to a hearing. There are no applications in process right now. As long as the study session is held. fairly soon, there is no need to have a moratorium. Councilman Van Ness reminded Council of his position that he fe~t~the market place will determine and everyone should be granted a license. Council asked that the Restaurant and Bar Owners Association members be invited, that Gerry Fox of the Chamber be invited, and that the liquor inspector be invited. The session was set for Wednesday, December 7 at 7 p.m. RESOLUTION ~16, SERIES of 1977 - AdOpting the 1978 budget. Reso. ~16 City Manager Mahoney told Council he was asking Council for this resolution for the budget Budget as submitted at Council's last budget hearing. Councilman Behrendt stated the Council had cut $450,000 from the police department and approved one new bus. Councilman Behrendt opened the public hearing on Resolution 916, Series of 1977, pertaining to the adoption of the 1978 budget. Finance Director Butterbaugh told CounCil that last year's expenditures were $6,400,000. Ms. Butterbaugh stated she did not put the contin- gencies for available surplus in the column. The staff did very conservative revenues for 1978. Councilwoman Johnston asked what the average salary increase to employees is. Ms. Butterbaugh answered they were 5 per cent to 8 per cent. Councilman Behrendt closed the public hearing. Councilman Wishart moved to read Resolution ~16, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~16 (Series of 1977) WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1978, and ending December 31, 1978; and WHEREAS, the budget as submitted sets forth the following estimated fiscal data including anticipated revenues and expenditures for the year 1978: Revenues E~penditures Transfers Surplus General Services and Operations 2,628,303 (2,969,480) (50,791) 26,710 418,678 Land Acquisition Fund including Park Dedication Expe_~ditures, Open Space, and Capital Ir~prov~aents Sales Tax 992,500 ( 230,500) (748,262) 13,738 Transportation/Mall Sales Tax Fund 820,500 ( 446,148) (356,278) 18~074 Water Fund 1,077,950 (1,027,950) (50,000) -0- Electric Fund 1,284,204 (1,181,390) (50,000) 52,814 Revenue Sharing Fund 95,665 -0- (95,665) -0- Police Pension Fund 45,500 ( 13,500) -0- 32,000 Employee Retirement Fund 113,000 ( 59,500) -0- 53,500 Trust Fund 16,570 ( 13,500) ( 3,000) 70 Lease Purchase Debt Service -0- ( 60,413) 60,413 -0- 1970 Public Purpose Bond Fund -0- ( 41,160) 41,160 -0- 1972 Sales Tax Rev. Bond Fund 13,000 ~ 461,825) 448,825 -0- 1973 Sales Ta~Rev. Bond Fund 14,000 ( 214,670) 200,670 -0- 1976 Sales Tax Rev. Bond Fund -0- ( 109,250) 109,250 -0- Sales Tax Bond Reserve Fund -0- -0- 75,000 75,000 Total 7,101,192 (6,829,286) -0- 271,906 WHEREAS, the assessed valuation of taxable property for the year 1976 in the City of Aspen returned by the County Assessor of Pitkin County, is the sum of Fifty Six Million Two Hundred Forty One Thousand Five Hundred Dollars $56,241,500); and WHEREAS, the City Council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the City shall be that determined by the County Assessor sufficient to produce ad valorem tax proceeds in the amount of $113,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the budget for the City of Aspen as submitted is hereby adopted, which adoption shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated; and that the estimated budget expenditures requirements of $71~101,I92 is declared to be the amount of revenue necessary to be raised by the tax levy and income from all other sources, including surplus at the beginning of the year, to pay the expenses and certain indebtedness of the City, including interest upon the indebtedness, and to provide a reasonable surplus at the close of the fiscal year beginning of the year, to pay the expenses and certain indebtedness, and to provide a reasonable surplus at the close of the fiscal year Regular Meeting Aspen City Council Nover~D~3f__2J~: ~// beginning January 1, 1978, and ending December 31, 1978. BE IT FURTHER RESOLVED that for the purpose of defraying the expenses of the City of Aspen, Colorado, during the fiscal year beginning January 1, 1978, and ending December 31, 1978, there is hereby levied a tax on said dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado, for the purpose of raising the sum of $113,000.00 which, together with the surplus and revenue from all other sources, is estimated to meet budget expenditure requirements and provide a reasonable closing surplus for said fiscal year. was read by the city clerk. Councilwoman Johnston moved to adopt Resolution ~16, Series of 1977; seconded by Council- man Wishart. All in favor, motion carried. TIME OF THE COUNCIL MEETINGS/DECEMBER MEETINGS Council meetings Councilwoman Johnston said she had brought up the joint meeting time at 4:00 p.m. and Times this met with no objections with the Commissioners. Councilman Wishart moved that Council meet, joint meeting at 4:00 p.m., Council meetings at 5:00, starting with the next Council meeting; seconded by Councilwoman Johnston. Councilman Behrendt suggested a short break and to have the Council meetings start at 5:15. This was agreed upon. All in favor, motion carrried. Council asked that the meetings in December be changed to the second and third Monday so they can have a holiday break Councilman Parry moved to have the Council meetings on December 12 and December 19; seconded by Councilman Wishart. All in favor, with the exception of Councilwoman Johnston. VENDING PROPOSAL - Chestnuts in Mall Vending Chestnuts Ken'Randall and Dan Wallace were present and submitted a proposal to vend in the mall following the City ordinance. Randall told Council they wan~ to vend hot chestnuts from a cart that is aesthetically pleasing. Randall said he felt if this was done nicely, it would not be stepping on anybody's toes. Councilman Behrendt said he would like to have a recommendation from the mall commission first. Councilman Parry said people mention to him they would like to see something like this. Councilman Behrendt pointed out that historically the mall commission has turned down this type of request. Councilman.Van Ness asked about the revenue generated to the City. Randall answered in return for this privilege, he would be willing to pay the City a percentage of his gross sales. Randall said he was looking at a four month operation. Councilman Behrendt asked if they had spoken to the building and health department. Randall said he did not want to spend innumerable hours on this until he had a preliminary feeling of Council. Councilwoman Johnston said she would find appropriate one chestnut chart, not five and not expanding into other businesses. Mayor Standley said he spends a lot of ti~.~ in the Boulder mall, and finds totally offensive the vending in the mall. Mayor Standley said at very best, he would consider this after seeing the whole program. Councilman Parry told Randall to come up with a good size rendering, ~n color, of the cart. Moore Ski Lease LEASE AGREEMENT/CARTER/SKI TOURING Ted Armstrong, Director of Recreation, told Council that Tim Carter had talked to him about a cross country skiing program. Three years ago there was a trail program for public use. This agreement provides that Carter will maintain the trails; in turn the City will lease him space at the James E. Moore pool in which he can rent and sell cross country equipment. Councilman Behrendt stated he thought since this was public property, that this should be put ou~.to bid. Armstrong said this would work out to $7.50 per square foot. Councilman Parry said this is allowing someone to use the City's facilities in competition. Councilman Parry pointed out there are two agreements here; one to malntain the trails, one to allow Carter to use the City's space. Councilmembers Wishart and Johnston agreed this should be let to bid. Councilwoman Johnston stated she felt it was highly inappropriate to have retail sales at the James E. Moore pool. Mayor Standley suggested advertising this Thursday, closing the bids a week from Friday, and use the proposed agreement to advertise. Councilman Wishart moved to authorize City Manager Mahoney and Ted Armstrong to enter into a lease after publishing competitive bids, based on this proposed lease; seconded by Councilman Van Ness. All in favor, motion carried. Sign Code HPC RECOMMENDATION - SIGNS AND SIGN REGULATIONS Changes John Stanford, planning office, told Council ~here are some m~nor loopholes in the sign code. The HPC would like to recommend ~hat when there are six or seven business in one building, that it not end up with a hodgepodge of signs. The HPC would also recommend that for a new structure, a plan for the sign is required. Stanford also recommended that the Council eliminate the sign permit. The S5 fee is minimal, and to enforce this would be much more than $5. Stanford told Council the HPC looked at Main street, which is O, office district. It was their feeling that there should be a limitation on the size of the sign. The intention of the zoning was to retain the residential character of Main street. The HPC discussed graphics and feel these could be used to enhance the appearances of some building, especially where there is a blank wall. The HPC would like to see the 10 foot requirement eliminated. The Council does have the review of all super-graphics. Council- woman Johnston asked if there were anyway to include lighting in this. Stanford answered that the sign code does not address lighting other than lights on signs. Councilman Behrendt moved to have the sign code ordinance amended to include elements 3, 4, and 5 of the HPC resolution; seconded by Councilman Van Ness. All in favor, motion carried. CREEK TREE SUBDIVISION - Final Plat Bill Kane presented a final plat for consideration, stating that the overall planning Creek Tree considerations have now been resolved to two issues; one being location of a trail, and secondly specific location of the Eagle's building. Creek Tree subdivision and PUD consists of a little under 6 acres of land and will involve the construction of four new dwelling units, reservation of one lot for the existing house on north side of the Roaring Fork, reservation of two duplex sites on lot 2; total of five dwelling units, 1.875 acres will be conveyed to the City, which is the open space dedication and in exchahge for the conveyance of the City's portion of lot 3, which is the new site for the Eagle's building. The tWO o~ts~anding issues to be resolved are the location of the trailieasements and the location of the Eagle's building. Kane told Council that in adopting the SPA for the Rio Grande property, one of the conditions was that all buildings in the area be set back l0 feet from the bank to the river. From the way the building is staked, it looks as though there would be an overhang on the bank and would require retention facilities. As a design consideration, a big, blank wall would want to be avoided. The SPA plan also required that fraternal clubs be permitted as conditional uses; this will required a conditional Use hearing before P & Z. Kane pointed out to Council the adOpted City's trail plan shows the trail coming down through Oklahoma Flats and across Bay street to the new bridge location in the area of Spring street. Kane said the planning office would like to abandon the original plan for several reasons. One, the objections of the residents of Oklahoma Flats; secondly, an alternative trail to come behind the edge of the house and then across the river in the location of some concrete abutments. This does present serious construction problems. The bank is a straight cliff of unconsolidated gravel. The planning office walked a third alternative alignment going down the west side of the property and then across the river. Kane said he felt it would be wise to take both of these issues back to P & Z for final resolution; the trail location, and the concept of the second unit. Kane said the bigger concept, trail or no trail, should probably not be debated at this time. Kane said the developer feels he had a commitment from the planning office to tie the additional unit to trail or ~o trail. City Engineer Ellis issued a memorandum dated November 16th which listed considerable number of items which had not been corrected. As of this date, most of the items have been corr'ected. The majority of those remaining unresolved are of drafting or survey type corrections; the right-of-way on Bleeker street has not been shown. This might create a problem for the City to guarantee access to the Eagle's, they may have to grant an easement across the Rio Grande property. The parking lot entrance of lot 3 appears not to abut on Spring street but rather on the Rio Grande property. The subdivision agreements stated the City will provide access to lots 2, 3, and 4. Ellis said he would like to know~ whether the trail alignment is to be resolved before recordation of the plat. Third, Ellis requested a greenway and fisherman's easement along those portions of lots 1 and 2 that lie'within the river or high water line to the property line. Fourth, the drainage improvements have not been shown on the drawing. Ellis said he had no problems with the utility report submitted by Wri~ht-McLaughlin, but the applicant had not agreed with it. The parking area grades are quite excessive and need to be revised. Finally, the dedication language at the present time will be totally revised to agree with the subdivision agreement. Councilwoman Johnston asked if there were a trail map to show how this trail linked in with the system. Kane showed some alternatives, over Neal street and down to the Hopkins street bridge. Councilman Van Ness said his concern was a huge wall of duplex right next to Rerron Park. Kane said the heighth of the building is set by the plan, which is 28 feet and a 10 fOot setback. Ellis said the building envelope is staked at the top of the bank. Kane stated there is no question there will be a visual impaCt there. Councilman Van Ness said he felt very uncomfortable voting for this; he does not want to end up with another building that looks like a wall. Ellis said it would be a good thing to look at this from the park. Nick Coates asked if, before this is to be approved, it has to go back to P & Z. Kane answered there are three things to be considered by P & Z; (1) conditional use hearing to consider actual site and building plan for the Eagle's building; (2) location of the trail, and (3) request for another unit on the other side of the river. Andre Ulrych told Council he was willing to give trail alignment as shown on the map, the trail that the master plan calls for which ends up in Bay street° The other two options proposed on the right side of the existing house are on extremely steep land. Ulrych stated that putting the trail along the property line will take away from the value of the lot. Ulrych said he is more than happy to give the right-of-way as it exists. Kane stated that the residents do not want the trail, and with the location of the Holy Cross bridge, it does not make sense. Kane said he would like to reserve''a trail easement somewhere through the Creek Tree subdivision. The reason the planning office is pushing for this is that anyone in the business knows that as a practical matter, to get trails and easements you have to~get them through the subdivision process. aspen ~lEy uouncl± November 28, 1977 Ulrych said he did not feel he should have to bear the whole burden of the trail construction which 'will damage the value of the property. Mayor Standley stated this is not a legit~ate arguement. Mayor Standley pointed out they may undergo a momentary hardship for something that will jump in value. The planning office went over the various trail options, and pointed out that the one masuer planned would dead end at the rlver. Kane pointed out that there are two population groups to take care of, Silverking and Smuggler Trailer Court. They both need different trails; this trail is to take care of the Trailer Court. Remo Lavagnino voiced strong objections to having a trail come down along Bay street. This gives access to many people. Nick Coates told Council that the citizens and the developer want the same thing, no trail at all. Coates said that people will take the line of least resistance and wind their way through Oklahoma Flats. Kane again went over the trail options; the two options are of relatively high expense to construct. Councilman Behrendt said he would like to try and preserve the privacy of the Oklahoma Flats area. Councilman . ~ Behrendt said with a good planting and screening program, this would preserve the privacy. Councilman Van Ness said he would like to see exactly the trail alignment and the heighth of the building and how this affects the park. Council decided to have a site inspection Tuesday, November 29, at Herron Park, and continue this mauter until 4:00 p.m. Tuesday November 29th. SUBDIVISION EXE~LPTION - Spring Street Associates Spring Street Subdv. Exempt. Bill Kane told Council this request is to condomlniumize the existing office building on the corner of Spring and Main street. The building consists of several office uses and the single family house will be removed and replaced with a duplex. The duplex is permitted by right. Councilwoman Johnston asked if this would count against next year's growth management quota. Kane said it makes more sense to see a residence on the lot rather than a 1:1 office building. Councilman Parry moved to approve the subdivision exemption with the three conditions as outlined in the planning office memorandum; seconded by Councilman Wishart. Councilwoman Johnston asked if the tenants had the first right of refusal on the duplex. City Attorney Nuttal answered this was inappropriate as there are no existing tenants; the duplex has not been built yet. All in favor, motion carried. HOUSING REPORT Housing Report Kane pointed out that the Council has set themselves up as the housing authority for t~ City of Aspen. In the adoption of the growth management ordinance, there ±s a point system for three types of housing, low, moderate and middle. The plan call for an annual report from the housing officer to adopt standards and criteria for this housing. The planning office asked Chuck Vidal to work on this to help resolve some problems and get standards established for low, moderate, and middls income. Vidal has been working with the county on establishing price guidelines. Vidal said in working with the county, he tried to establish priorities and groups that the county felt are important in staying in the community. Vidal pointed out there are certain economic ranges that can afford houses. Below that there are people that are not candidates for housing in any circumstances. The point system in the GMP puts heavy concentration on 1.ow income housing. The Council has not defined what economic group can be considered for low income housing. Vidal said he felt that moderate and middle income are probably ownership type categories; the low income is probably rental uype housing. Vidal said that an aggregate income under $12,000 would be rental. This ~s the low end of the income range the county has adopted. Vidal said he had looked at some types of employees the County feels critical in terms of remaining in the community, such as teachers, hospital workers, ski corporation workers. Vidal said he needed to solicit from Council their priorities in terms of what groups they are'trying to satisfy, which groups needs to be 'satisfied in the ownership way and in the rental way. If the Council is talking about an aggregate income of $12,000 or under, then the low income housing category should be oriented to rental. Mayor Standley pointed out that the income threshold is absolutely essential for financing. Vidal said he found that below $12,000 income, people are not interested in buyzng anything. Kane reminded Council that the GMP specified points for a series of housing. There are no actual price guidelines. Kane said that after Council has defined these, if they accept a given income range, it may not be feasible to structure sale price for low income but may be entirely for rental. There are implications for low income housing the way the ordinance is written. This housing may be directed towards rental. Vidal pointed out that Council may want to restructure this program towards moderate rather than low income housing. Vidal said he needs to know what Council's definition of low income housing is to start structuring guidelines and criteria. Vidal said when Council is asking a developer to provide housing, and the rent is $225 per month, Council has to be sure that employees can afford this price. Mayor Standley suggested having Chuck Vidal come up with basic guidelines for background data an~ from the employee housing study and using the mid-term census. The Council ought to be shooting for guidelines of who they are trying to satisfy; then have the staff come back with some proportions and program recommendations. For the City to recognize the responsibility in the area of long term permanent resident housing as opposed to seasonal short term housing and the proportion of purchase to rental should be one of the questions answered by this. Regular Meeting Aspen uaty ~ounca~ ~U¥~LL~Z LO, ~,, Mayor Standley asked if Vidal could come back by the first meeting in January to give the Council some guidelines; then the Council can say, here as where we want the emphasis. Vidal pointed out he felt'that the point system within the GMP should be re-evaluated yearly. Councilman Behrendt said his personal emphasis would be on the rental market. Vidal said the Council has to be evaluating their program very frequently, to increase the incentive or change the focus. The City should start off with a program and then monitor it. Council said that they felt that S12,000 and below was low income housing. $12,000 to S20,000 would be moderate income and above $20,000 is middle income. Councilman Behrendt moved to have the definition of low $12,000 or below, and the definition of moderate $18,000 or below, middle is anything above $18,000; seconded by Councilman Wishart. All in favor, motion carrie~~' Ord. $60 ORDINANCE $60, SERIES OF 1977 Anti-discrimination Anti discrimin. Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance ~60, Series of 1977; seconded by Councilman Behrendt. All in favor, mouion carried. ORDINANCE $60 (Series of 1977) AN ORDINANCE AMENDING THE ASPSN MUNICIPAL CODE BY THE ADDITION OF SECTION 13-98 TO CHAPTER 13 OF SAID CODE PROHIBITING DISCRIMINATORY PRACTICES RELATING TO EMPLOYMENT, HOUSING, AND PUBLIC SERVICES AND ACCOMMODATIONS AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION THEREOF was ready by the City Clerk. Councilwoman Johnston moved to adopt Ordinance $60, Series of 1977, on second reading, as amended by the City Attorney; seconded by Councilman Behrendt. Councilman Van Ness said he was not opposed to anti-discrimination, but he has not seen very much discrimina- tion. Councilman Van Ness stated he did not see any need for this. Councilman Van Ness said he did not know what this was getting Aspen into. Councilman Van Ness stated if there is any discrimination evidenced, he would change his mind on this. Roll call vote; Councilmembers Wishart, aye; Van Ness, nay; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Plum Tree Accounting. Finance Director Butterbaugh presented a summary sheet of Plum Tree revenues from the Plum Tree for the last three years. City Manager Mahoney said that Accounting after re-reading the lease, it was his understanding that the City receives 15 per cen~ from the rooms, and 7 per cent from the bar. The City is really partners out there to some extent. Mahoney stated he believed that some effort on the City's part is justified in keeping the building looking nice and in keeping the interprise going. Mahoney said the staff felt that the Plum Tree has been good tenants. The lease says the City is responsible to maintain the structure of the building. Mahoney said he felt there was an area of compromise there; if the Plum Tree buys the fence, the City crews will put it in. Councilman Behrendt said it is not appropriate for the City to be making improvements on the leasehold primarily for their benefit. Councilman Behrendt moved that Council policy is not to make leasehold improvements beyond stating in the lease; seconded by Councilman Van Ness. Councilman Behrendt stated it is the right of the City to require the Plum Tree to put the fence an. Councilman Wishart stated he liked the way Mahoney has been handling the leasehold; if there is no flexibility, it will not work. Councilman Parry stated this as a business venture. The golf course belongs to the City; they are leasing the lodge. The grounds should be maintained by the City too look good. City Attorney Nuttall told Council that the lease requires that the City take care of structural problems with the pool. The Plum Tree is resonsible for normal maintenance. This fence as somewhere in between. Councilman Behrendt said he had asked for a general policy decas~on ~n this area. Councilman Behrendt in favor; Councilmembers Parry, Wishart, Van Ness, Johnston, and Mayor. Standley opposed. Motion NOT carried. 2. City Manager Mahoney requested time with Council to discuss conditions an terms of the community, discuss .the City in uerms of how the Council sees it, and Council's policy on how to carry this out. Mahoney requested 15 minutes to develop the conditions in the community. The City Attorney and he will get with the district attorney on this. Mahoney said the suaff needed to get Council's attitude on how the policy of the police department should be carried out. ORDINANCE $46, SERIES OF 1977 - Salaries Ord. $46 Councilman Van Ness moved to table this ordinance; seconded by Councilwoman Johnston. Salaries Mayor Standley directed Mahoney to have the staff put more work into this ordinance. All in favor, motion carried. ORDINANCE #53, SERIES OF 1977 - Condominiumization Policy Ord. #53 Mayor Standley pointed out this re-draft identifies concerns of Council stated on the Condo Policy last go around; non-assignable right of first refusal, six month lease restriction, and all considerations must have demonstration of minimum displacement. Councilman Behrendt moved to read Ordinance $53, Series of 1977; seconded by Councilman Wishart. All in favor, motion carried. ~pen ul~y ~ouncll November 28, 1977 ORDINANCE ~53 (Series of 1977) AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE ADDITION OF A NEW SECTION 20-22 WHICH SECTION IMPOSES THE FOLLOWING REQUIREMENTS WHEN APPLICATION IS MADE FOR A SUBDIVISION OF A TRACT OF LAND TO BE USED FOR CONDOMINIUMS: (1) EXISTING TENANTS MUST BE GIVEN 90-DAY EXCLUSIVE NON-ASSIGNABLE RIGHT OF FIRST REFUSAL TO PURCHASE THEIR UNITS; (2) ALL UNITS MUST BE RESTRICTED TO SIX (6) MONTH MINIMUM LEASES: AND (3) THE APPLICANT MUST DEMONSTRATE THAT APPROVAL WILL NOT REDUCE THE SUPPLY OF LOW AND MODERATE INCOME HOUSING was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #53,,Series of 1977, on first reading; seconded by Councilman Van Ness. Roll call vote; Counc±lmembers Behrendt, aye; Johnston, aye; Parry, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Ord. #61 Vehicle leases ORDINANCE ~61, SERIES OF 1977 - Vehicle leases Councilman Behrendt moved to read Ordinance ~61, Series of 1977; seconded by Councilman Wishart. Ail in favor, motion carried. ORDINANCE ~61 (Series of 1977) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THREE VEHICLE LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND FRONTIER CHEVROLET SALES: THE CITY OF ASPEN AND KELLY CHEVROLET-CADILLAC, INC., AND, THE CITY OF ASPEN AND DICK WHEELER, INC. was read by the city clerk. Councilman Wishart moved to adopt Ordinance ~61, Series of 1977, on first reading; seconded by Councilman Van Ness. Councilwoman Johnston said she would like list of every City-owned vehicle. Ms. Butterbaugh~pointed out this ordinance covers vehicles already approved in the budget. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Behrendt, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Mayor Standley said in regards to the memorandum about the land between the North of Nell and the Centre, Don Horowitz and Chuck Brandt had been to see him. They have a proposal to submit at the next Council meeting. If the Council likes it, they get the building; if not, there is an option to purchase. Councilwoman Johnston moved to continue the meeting until Tuesday, November 29, 1977, at ~'\ .~ 4:15 p.m.; seconded by Councilman Behrendt. All in favor, motion carried. ~i~!~. Ih . Hau~ ~'K Continued Meeting AsPen City Council November 29, 1977 Mayor Pro Tem Behrendt called the meeting to order at 4:15 p.m. with Councilmembers Van Ness, Parry, Wishart and Hershey. Councilman Van Ness stated after the site inspection, he has no objection to the building envelope. Councilmembers Behrendt and Hershey stated they favored the trail at the most easterly end. Bayard Hovdesven, representing the developer, said they would not accept Final a trail on the easterly end. The existing house is being moved to the east end of the Subdivision property~ which is the private, beautiful part. The placement of the trail there destroys Creek Tree the single family lot. Andre Ulrych explained to Council the financing; the second party who will get the two duplex lots; Ulrych will get the park and the bus station site. Kane told Council he had walked the trail alignment with George Ochs, County Manager, who would be constructing the trail. Ochs would like the trail to come down the old street to the fallen pine and from there crib with boulders and railroad t~es around the side of the bank. Councilman Wishart said his first choice for a trail is the original one as shown in the master plan. Kane explained that the theory behind trails is that the City provides an alternative for the pedestrian other than vehicular traffic lanes. The people from Smuggler Trailer Court presently walk down Neal street. Councilman Van Ness said it seemed there were enough trails down there. Councilman Van Ness said he did not feel it was needed and was willing to go with no adding another trail down there. Nick Coates suggested building something beside the Neal street bridge for pedestrians. Mayor Pro Tem Behrendt said the issue was whether to have a trail or not. Kane showed Council the easement as proposed and also using public streets. Kane outlined the alternatives; first, no trail. The disadvantage of this is that Neal street is narrow, hard for pedestrians to walk, the bridge cannot have a pedestrian walk hung on it. Second, adopted trails plan which was adopted in March 1973 by the City and County and shows the trail coming down the driveway, break off at Bay street, through Oklahoma Plats, come down Spring street and cut across the river at the new brid~e site and loop into the Rio Grande property. The residents of Oklahomas flats objected to this saying that a trail will be coming through a quiet residential area. The reaction of the plan- ning office was to say, why should an existing residential area be impacted. They looked to the subdivider to provide a trail. There is a legitmacy for requiring trails and rights-of-way from subdividers. The other alternatives are a trail on the east side or the west side of the property. The developer will not accept the east side. Councilman Behrendt pointed out that when the master trails plan was adopted, exact lines were not adopted; it was very general. 2324 Continued Meeting Aspen City Council November 29, 1977 Councilman Van Ness said he did. not like the idea, generally, of putting trails through people's backyards. Frank D'onofrio, representing the Volks, told Council that he was for no trails. D'onofrio said the only alternative that Ulrych was recognizing would cut up Oklahoma Flats. Ulrych said they had been working on this for ten months. Ulrych said he felt this trail would no~ be built for a long time, nor would it be used very much. Kane told Council that he has discussed the trail with the County many times and he is sure this will be built by next Spring. In terms of use, Kane submitted it would be used. Kane stated there is a myth prevailing about the trail system. The reaction Creek Tree from the residents along the Roaring Fork river when the Rio Grande trail was constructed contd. was vociferous and this would be an undesirable feature. One of ~he most attractive features, now, is the proximity to the trail system. The fears about trails have not bee~ born out; trails do not destroy property. The fears being raised in Oklahoma Flats are legitmate; that is why the planning office is trying to compromise. George Mansfield, resident of Oklahoma Flats pointed out that the Neal street bridge would have to be rebuilt soon, and it could include some walkways. Mansfield told Council he was for no trail. Mansfield said a trail down Bay street to Spring street with a bridge, people will bring cars and park them there. Mansfield said he felt a trail would take the quality of life down one little step. Councilman Wishart moved to accept the plans, that all the stipulations be resolved with an easement on the west side of lot 1; seconded by Councilman Van Ness. City Engineer Ellis's memoranda of November 16 and 28 are included as stipulations. City Attorney Nuttall said the agreement has a blank on 5he amount of escrow. Ms. Nuttall said she would like to make some technical changes in the deeds. Ms. Nuttall said she would submit the changes to Council before the deeds are to be signed. Kane pointed out to Council that a gate could be constructed where the trail easement becomes a private drive to keep people out. Kane also asked that the easement be 20 feet. These were all included in the motion. Councilmembers Wishart and Van Ness in favor; Councilmembers Behrendt, Parry, and Hershey opposed. Motion NOT carried. Hovdesven said they could build a gate on their private property and operate that gate so that people would have to stay on the trail easement. Councilman Parry said he would change his vote if the action were acceptable to Ulrych. Councilmembers Wishart, Parry, and Van Ness in favor, Councilmembers Hershey and Behrendt against. Motion carried. David Slemon, representing Ulrych, presented a letter spelling out consideration for Ulrych dedicating the park to the City. Ms. Nuttall said this letter obligates Council; they would like to have for the record, a statement of Council's intent so there is no misunderstanding out what uses of the property will be made, that there will be liquor license application, and that they will expect to get building permits. Ms. Nuttall told Council she had no objection to having on the record what their plans are; however, she objected to th~'~let~er as it binds the City to make decisions on the application prior to their being presented in the~proper context. Ms. Nuttall stated this is an illegal agreement and advised Council no~t to accept it. Slemon told Council that the whole under- lying and motivating purpose, which is the consideration of the conveyance of the park to the City, is his being able to do what ~s in this letter. Councilman Behrendt stated for the record that this letter has not been accepted. Councilman ~ershey moved to adjourn the meeting at 5:20 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. Kathryn~. Hauter, City Clerk