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HomeMy WebLinkAboutminutes.council.19780724 Regular Meeting Aspen City Council July 24, 1978 Mayor Standley called the meeting to order at 4:10 with Councilmember Behrendt, Isaac, Johnston, Parry, Van Ness and Wishart and Commissioners Child, Edwards, and Kinsley present. Also present City Attorney Stock, County Attorney Stuller, City Manager Mahoney and County Manager Ochs. 1. Independence Pass Report. Karen Smith showed a film about travel on Independence Pass they had put together for the Highway Commission. Ms. Smith said the film met with Independence success; however, the proposal did not. Jack Kinslinger was prepared with statistics Pass report to show that large vehicles were those which were not involved in accidents. John Gilmore, another Board member, agreed with Council these vehicles were an indirect cause of accidents. Ms. Smith said they did not get a commitment for a trial closure. The response they got was to try signing or put a breathalyzer on each side of the pass. Ms. Smith said they left the meeting without a formal motion but a directiv~ from the Chairman that the staff work further with the planning office to look into this further. 2438 Regular Meeting Aspen City Council July 24, 1978 Ms. Smith told the Boards the director was adamant in stating they did not desire to clos~i the pass. Ms. Smith said it would be appropriate to have follow up letters from the Mayo~i and Chairman of the Commissioners stating they will have the City and County staff work on this with the staff of the highway department. The planning office staff spent a lot of time going through statistics on accidents on Independence Pass, and they proposed a series of alternatives, The last alternative was a trial closure next year for large vehicles. The City and County have a year to study this. 2. Nomination of EMS Candidates. Commissioner Child explained this is a Council being set up by COG with 12 members representing different fields, police, hospital operators, ambulance operators, etc. COG wants nominations from each county, and 12 will be selectedi from these. There is a $1,000,000 grant for EMS. Sheriff Dick Kienast said the alloca- iiEMS Candidates tion for Pitkin County is two ambulances. Commissioner Child had submitted a memorandum with his recommendations for the EMS council. Councilwoman Johnston moved to recommend the appointment of Dr. Bill Murray, Jenifer Carr,il and Bill McCrocklin to the COG EMS Council; seconded by Councilman Parry. City Manager Mahoney said he felt the amount of staff work lead him to believe there are a lot of questionable expenditures proposed. There is a lot of education and travel money into this grant. Mahoney told Council that Ms. Carr is very Skeptical. Mayor Standley suggested trying to get Ms. Carr appointed, if she is skeptical, so that she can keep watch on the administration of the grant. Councilwoman Johnston amended her motion to prioritize Jenifer Carr as first choice; seconded by Councilman Parry. All in favor, motion carried. 3. Final Census Report. Brian Stafford presented preliminary c~unts at the County - 10,753, the City 3,824 and Snowmass Village at 984. These figures are higher for Snow- mass than expected, and lower for the City and County. Stafford told the Boards the method used for this census was a staff of 16 to 20 enumerators working throughout the Census P~port County, and each enumerator was assigned one district. Stafford said these enumerators were able to personallY interview about 75 per cent of the people. People who have not lived here six months were not counted. There was a "Were You Counted" published in four newspapers. Stafford said there was a strong reliability from this count. Finance Director Lois Butterbaugh told the Boards that from talking to people in the City, County, she had the figures that only 50 per cent of the people knew they were counted. Ms. Butterbaugh asked if the City and County wanted to buy a study they are not happy with.!i Ms. Butterbaugh pointed out the City and County had pre-paid $8,000 for this study. Stafford said the figures indicated the average persons per housefold in the County was 2.617 and in the City of Aspen was 2.36. Commissioner Edwards said he was pleased that the growth figures for the County were so low. Councilman Behrendt suggested jointly funding a re-taking by the County or the City of the smallest district. Councilman Isaac said he felt it was worthwhile to find out if this is misinformation. The majority of the Boards were not really interested in protesting or re-doing the census. 4. North Star Ranch Vegetation Baseline Inventory. Bob Lewis passed out maps and photo- graphs of the area. Lewis said this study would be to find out how many different plant communities there are and where they are location. Lewis recommended the firm of Western il North Star Ranch Resources be engaged to make this vegetation baseline inventory. Lewis told the Boards he !!Vegetation had considered carefully if there is the ability to do this within the community, and !!Inventory pointed out there are not enough botanists available to do a professional job. This information will be important for the small mammal, large mammal and bird studies. Lewis pointed out at the last public hearing, they were instructed not to go ahead with a manage-! ment plan until there was adequate resource inventory. The vegetation inventory is the most important part. Councilman Behrendt said he would see the importanCe and need for this study, but asked if it could not be put off for a year or two. Councilman Behrendt said it seemed more impor- tant to pay for the property than to pay for the study. Lewis said Western Resouces is willing to do the whole study for $2265 and to donate $6,000. Lewis said he felt he could i! not put this off. Councilwoman Johnston asked if the management study had to be complete in order to use the land. Lewis answered for cross county skiing, no, but for any other impacts it did. Lewis told the Boards that Johnson, of Western Resources, says he wants to do this for Nature Conservancy; he has a strong desire to assist Nature Conservancy in establishing an ecological preserve. Councilwoman Johnston moved that the City appropriate $1132 for this study; seconded by Councilman Isaac. All in favor, motion carried. Commissioner Kinsley moved the County appropriate $1133 for this study; seconded by Commissioner Child. All in favor, motion carried. 5. Transportation Development Program. Curt Stewart, transportation planner, told the Boards this is a transit d~velopment program and a Rubey Park parking study, and his recommendation is to pull them into one effort from a cost and impact point of view. The proposal was mailed out to 16 consultants. The two strongest were Voorhess and Associates ~iTransportation and Parsons, Brinckhoff, Quade and Douglas. The City and County Managers and Stewart !iDevelopment reviewed the proposals and recommended to go with PBQ&D. There is an UMTA grant for $16,0~i~rogram to finance thiS. Stewart has gone to UMTA and request an expansion to $22,000. UMTA will have to wait until October when they receive funding to see if they can do this. Stewart recommended the City and County split the $6,000 required to bring the total up to $22,000.11 This will enable the study to begin immediately. If during the course of the study, the City and County want to go back to UMTA for reimbursement, they are amenable to that. Stewart said the City and County need to complywith new civil rights requirements. ~gu±~z lvi~e~lng Aspen City Council July 24, 1978 Mayor Standley asked if the study could come out in pieces, regarding downtown parking and Rubey Park. Stewart answered the contract is written so that Rubey Park would be the first part of the study. Stewart has committed to an October date for the completion of that. Councilman Behrendt said a recommendation was made a few years ago for a parking sticker system in the downtown and asked if that would be looked into. Stewart said if the City desired it, it could be. Commissioner Edwards moved to select P, B, Q & D and to authorized the expenditure of $6,000; seconded byCouncilwcman Johnston. Allin favor, motion carried. Th~ funding is to be split 50/50. Status Report/Washington D.C. Mayor Standley said he general feeling was that people were astounded they went back there, and with the Solicitor General's opinion were not going to put the screws to anybody. People in Washington are happy the City and County are going Hunter Creek/ to pursue a negotiated settlement and not have the Federal Government involved. Mayor Fry-Ark Standley said he was going to have a meeting with AVIA and John Musick to try and get the Status Report official position of the AVIA to be supportive of the City and County's position. Mayor Standley said the City and County had gotten good press on this on the eastern slope. Governor Lamm was Uleased the City and County are willing to negotiate. Commissioner Edwards said he felt the Solicitor's opinion will give the City and County a strong position. Right now, they cannot operate the project without going back to Congress. The Solicitor's opinion will be a strong bargaining chip in this battle, although it can be reversed by re-authorization. Commissioner Edwards said he felt all acts by both sets of counsel have been appropriate. The City and County need to have an executive session. There are benefits beyond the Hunter Creek drainage that may come out of the negotiations, such as revamping of the Fry-Ark, and advance minimum stream flows on the Frying Pan river. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of the June 2~, 1978, meeting; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston pointed out there were $9990.90 in unauthorized purchase orders. ~ Councilman Parry moved to approve the accounts payable; seconded by Councilman Van Ness. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments COUNC ILMEMBER COMMENTS Charter 1. Councilman Van Ness said he knew City Attorney Stock is busy, but the Council did have Amendments charter amendment they had hoped to get on the November ballot. Councilman Van Ness said he would like Council and the staff to work on this. 2. Councilman Van Ness pointed out the last few Council meetings have been lengthier and lengthier, and there doesn't seem to be that much more on the agenda. Councilman Van Ness suggested each member keep in mind that things are getting bogged down and to keep moving. 3. Councilman Isaac said he would like to set a date for the housing authority meeting, This will be set under City Manager. 4. Councilman Isaac said he would like Mahoney to discuss the rate increase by the PSCo. This will be under City Manager also. 5. Councilman Isaac told Council there will be a COG meeting in Aspen July 27th at 5:00. There is also a 208 water quality meeting at 10:00. Parks- good 6. Councilman Behrendt stated the parks in general are really looking good. Councilman shape Behrendt said he appreciated this; it is the best year yet. FARS/density 7. Councilman Behrendt brought up the density considerations concerning FARs. Mayor Standley pointed out this was later on the agenda. 8. Councilman Behrendt said up on Aspen Mountain there is a house going up, which is in- House on Aspen side the City of Aspen. Councilman Behrendt asked if there is any interest in looking n~untain at recommendations that where community views are concerned the site considerations be reviewed by P & Z. There is a large structure sticking up in the green space. Council asked the planning office and P & Z to do a lot inventory of lots that might infringe on the view plane of the City. 9. Councilman Behrendt brought up bootleg apartments, and told Council he had had phone Bootleg calls from neighbors of Dr. Simpson that had been turned down on similar requests. Mayor Standley suggested they come in and go through the same guidelines as Simpson and CounCil apartm~ts~ will authorize them. Councilman Behrendt pointed out some of these people do not want the density. Council said this will be discussed at the housing study session. Budget committee 10. Councilman Johnston noted the budget discussion by Janet Roberts and the suggestion of a budget advisory committee made of citizens. Councilwoman Johnston said she would like to see this, and thinks it is a good idea. Regular Meeting Aspen C~ty ~ouncl± ~u~y ~9, ~3,o 11. Councilwoman Johnston said it was her understanding the Council would be presented Budget with a finished budget and statement of policy. Mayor Standley said the Council is scheduling budget meeting for Council to make policy statements. 12.Councilwoman Johnston brought up the trees in the mall, two large trees were cut down and disappeared. The parks department said they thought they were dead. Building Trees/Mall Inspector Meyring did not know anything about this. Councilwoman Johnston said she felt it would be a good idea that Council know trees are coming down and perhaps get some certification the trees are dead. Mahoney said the trees were diseased and parks directo~ Jim Holland certified to that. 13.Councilman Wishart brought up the big sign on the First National Bank advertising wine, and also the big Red Zinger signs. Councilman Wishart said he thought the City had a policy against this. Mahoney said there is a exception to the sign code that there Sign, size can be banners up advertising community events. Councilman Wishart pointed out this is advertising a commercial event. Mahoney said he agreed, but he had to decide what it is the community wants in the way of events. These commercial enterprises won't put the events on unless they can advertise. Council suggested Mahoney work on keeping the signs to a minimum. Councilwoman Johnston reminded Council that the banners could be across Main street if it were a local sponsor. Councilman Wishart said he would not mind if they were up only 2 or 3 days; two weeks is too much. 14. Mayor Standley said he would like a motion to add the renewal of the Souper to the ~Liquor License agenda. Councilman Behre~dt moved to add the renewal to the agenda; seconded by Council-Renewal - man Isaac. All in favor, motion carried. Souper Sanitarian Tom Dunlop said he would like to have the approval cOnditioned upon his final inspection. Councilman Behrendt moved to approve the renewal for the $ouper, conditioned upon Dunlop's satisfaction; seconded by Councilman Isaac. A11 in favor, motion carried. FUNDING FOR GUEST POET Councilman Wishart pointed out the Council the money request went from $200 to $300. The Funding/Guest poet, Michael Browne, is not making any money on this. Browne's last year's discussion Poet is in the Aspen Anthology. Councilman Isaac asked how many days he would be here. Councilman Wishart said 3 days and all lectures and readings are open to the public. Councilwoman Johnston said she would like to see Council budget something to Aspen Anthology that would cover this. Councilwoman Johnston moved to approve the expenditure of funds for the guest poet; seconded by Councilman Isaac. All in favor, motion carried. REQUEST FOR EXTENSION OF PREMISES - Courtyard Cafe Mayor Standley told Council this used to be the Hyman Street Deli, and this is a request ~quest for to extend towards Another Gallery. Paul Rasmussen, representing the owners, told Council extension- this is a request for outside seating for 16 persons. It is adjacent to the dining room, Courtyard Cafe which seats 45. The Cafe serves from 7 a.m. until 9 p,m.; the bar is open until 11 p.m. Mayor Standley pointed out all restaurants have to serve food all hours the bar is open. Rasmussen told Council the owners of Another Gallery have been working with them to make the Courtyard area more attractive. The railing is right on the property line. Councilman wishart moved to approve the 18-E for Courtyard Cafe; seconded by Councilman Van Ness. Dunlop told Council he had a final inspection for July 27, and would like the approval conditioned upon that. Councilman Wishart moved to modify his motion to include that condition. All in favor, motion carried. CONCEPTUAL SUBDIVISION - Arrowhead Reconsideration Ms. Smith, planning office, told Council this item comes back on a motion to reconsider based on the fact that one of Council did not feel it was made clear that the applicant Conceptual had agreed to provide one low and moderate income or employee unit. The Arrowhead project Subdivision is going to replace two existing structures with a new structure, which will be a fourplex~Arrowhead The planning office initially recommended diSapproval unless the plat showed configuration of units that lends itself to maintaining at least some employee housing. The tenant survey indicated there were low and moderate persons being displaced. If Council feels this is a compromise, the Planning office would recommend qualifying this unit on some basis. The first alternative would be to comply with tenant qualifica- tions criteria from the housing office. The.person had lived and worked here for two years and would be checked through the housing authority. The second alternative would be to have the unit comply with the growth management plan housing guidelines. The planning office reconU~ends this unit comply with the low income range; the rental guide- lines are based on $300 a month for 800 square feet. Ms. Smith noted the engineer has some concerns about modifying the parking considerations. The planning office is still recommending the Council think ~very carefully about this kind of conversion, and if they approve it, to be sure there are some guidelines and conditions to insure this remain in the low and moderate income category. Albie Kern told Council he had checked with his client about this employee unit, and the client agreed. Kern questioned how the employee housing guidelines are fixed and stated. Kern said he would like some clarification of the definition of what an employee is. Ms. Smith said the rental guidelines were adopted by Council in November 1977 and were used in the 1978 growth management reviews. Applicants were asked to commit to an initial rental range and then were given points. When Council approves the first growth management applications, the planning office will tie up a rental agreement at preliminary plat stage. This will work in the form of a subdivision agreement, and the application would commit to those rental ranges for a certain period of time - perhaps five years. ~uz~z ~.~ng Aspen City Council July 24, 1978 Councilman Behrendt asked the present square and cubic footage of the present structure. Kern said he did not know. Councilman Behrendt asked the size of the proPosed structure. Kern answered 9,000 square feet. Mayor Standley said the total square footage of the present structures is about 3,000. Councilman Behrendt suggested waiting on this until the Council considers the FAR recommendation because that shoUld have a direct impact. Ms. Smith pointed out the FAR proposal has never included the R/MF district. The R/MF district is controlled by minimum lot area per unit, based on the size of the units. Councilman Behrendt said his concern stems from the fact that a typical development such as this comes out with a building three times the size of the existing structures. Mayor Standley pointed out there is also 100 per cent tenant displacement and 100 per cent absentee ownership, except for one small unit,. Kern told Council that one of the units will be owned by the owner. It is planned that these units will be owned by people who do come here and who do own units now. Mayor Standley Stated they are still absentee owners. Mayor Standley said if the Council does not allow condominiumization, which is their prerogative, the applicant can still build the facility, but in the R/MF zone it has got to be 10~~ term rentals. This way it will not become a tourist unit facility. This is guaranteeting employee or local housing, although it will be expensive. The R/MF zone is residential and multi-family. It is not tourist, absentee-owners. Mayor Standley stated it is absurd to be condominiumizing in the R/MF zone. CouncilwOman Johnston pointed out that since this is classified as reconstruction of existing units, it does not come under the growth management plan. There is nothing that says how many bedrooms are increased, so it can be very definite growth. Councilwoman Johnston suggested perhaps this should be addressed under the growth management plan. Mark Danielson, housing officer, told Council there are four unitS, three of which were being used by employees. Danielson said a mix of at least 50 per cent employee units should be required before he would feel comfortable in solving the employee/tenant displacement. Danielson said he was aiming at two units. Ms. Smith told Council that no one is living in the existing structures right now; the leases were all up when the new owner purchased the property. Ms. Smith reminded Council there were letters in the previous packet from some of the tenants whose leases were not renewed indicating that had it been their choice, they would have stayed on the property. Councilman Van Ness said when somebody buys a building, there's nothing that prevents them from going in and letting the leases expire, putting in improvements and doubling the rents. There is nothing Council can do to prevent'this. Mayor Standley stated that Council does not have to approve the subdivision. Councilman Van Ness sa~d he felt the City's ordinance needs some improvements. Mayor Standley pointed out the applicant is asking to do a subdivision within a R/MF district. It is Council's right to approve or disapprove. R/MF does not mean absentee owners or tourist beds. Mayor Standley said he would vote for this if the units were limited to sales to bona fide long term residents of the community. Councilman Van Ness moved to give conceptual approval to Arrowhead subdivision with a six month minimum lease restriction for all units, the easement in the alley for the parking area to meet ~he requirements of the city engineer, and dedication of one unit for employee housing; seconded by Councilman Parry. The employee housing to be defined by Ms. Smith's terms. Councilmembers Wishart, Isaac, Parry and Van Ness in favor, Councilmembers Behrendt, Johnston and Mayor Standley opposed. Motion carried. Mayor Standley pointed out the six month lease restriction pertains to all the units. Councilwoman Johnston asked how this carried through over the years. The condition will be recorded with the plat3-and subdivision agreement. SPEEDBUMP REQUEST - Red Butte Drive City Manager Mahoney suggested this be tabled until people can be advised the Council will Red Butte Drive be considering placing a speedbump on Red Butte Drive. Mayor Standley asked that whoever Speedbu~p submitted the petition contact everyone on Red Butte Drive. Request Councilman Van Ness moved to table this item; seconded by Councilman Parry. All in favor, motion carried. GOPHERS ON GOLF COURSE Golf Course - Mayor Standley told Council he had taken a tour of the golf course with the architect and Gophers contractor, who has built 70 golf courses. They looked at the watering system and the electrical system. The City is spending $760,000 on the golf course and the Richardson ground squirrels are already chewing holes in the plastic conduit. Mayor Standley said on August 10 the seeding will be done and the water will be turned on. At that point the City owns a $760,000 golf course; if the water goes out it will be an expensive dirt deal. The Council discussed this a year ago in regards to the health problem. There is a direct conflict between running a golf course and raising ground squirrels. If the City does not do something about the ground squirrels, they raise a large risk of ruining the entire investment. The proposal is strychnine down in the burrows now and again in the spring. When this issue was raised before, people in the community pointed out that the secondary kill would be a problem. Mayor Standley pointed out the entire golf course right now is a dirt field and there is nothing there for seed birds to be eating. A lot of that problem is probably displaced right now. Mayor Standley told Council Tom Dunlop had checked with the Department of Agriculture, and~ the program will be about $90 and they can get the stuff and apply it before the August deadline. Councilwoman Johnston asked what method is used to prevent the ground squirrels from coming back or coming from some other place. Mayor Standley said this may be a seed kill every spring. Mayor Standley said there are thousands of ground squirrels out there and they cannot be live trapped. Regular Meeting Aspen ~ty uounc~± ~u~ ~, Councilwoman Johnston said she felt this would not have been an issue if the contractor had just gone ahead and done it. Mayor Standley explained that he did not do it because the Council had taken a position on this last year and they needed to make the decision. Siemens would have gone ahead and done this but Council had made the initial decision. Sally Fitzgerald, president of Aspen Ladies Golf Club, said they were unanimously for getting rid of the ground squirrels. Ms. Fitzgerald pointed out between here and the airport there are thousands of ground squirrels, and feels they will not be endangered. Councilman Van Ness asked what it would cost to put in reasonable pipes and when the golf course was designed everyone knew there was a ground squirrel problem. Councilman Van Ness said he felt like he had been backed into a corner on this problem because the Counci! has no choice on the solution to the ground squirrels. Mayor Standley said the golf course has the most sophisticated watering system put in in the Rocky Mountains. If the Council wants to go to metal pipe, this will end up a $3,000,000 golf course. There are hundreds of miles of pipe and conduit out there. Councilwoman Johnston said she did not recall in the budget removing ~odents. The Counci.1 should have had a choice as to build it with more expensive metal pipes and keep the n'~odents or not. Mayor Standley said z'~odents and golf courses are incompatible even with metal pipes. The dig holes all over the greens. A first class golf course does not mean competing witP% rhodents on the greens. Councilman Isaac moved to remove the ~?k~dent per Dunlop's recommendation; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Behrendt said he felt this was a management failure. Someone knew this was occurring and let it happen, and let Council get backed into a corner where they had no choice. MOUNTAIN RIVERS SUBSTANCE ABUSE TASK FORCE Councilman Behrendt moved to table as no one was present to explain; seconded by Council- Mountain P~vers man Isaac. All in favor, motion carried. Substance Abuse Task Force MALL EXPANSION REPORT City Manager Mahoney requested this discussion because the staff is running oUt of time to bring this together for the November ballot. Mahoney discussed this with the Mall Commission; they are in favor of the expansion but first want to have the parking problem Mall E~pansion solved. The Council has approved a transportation study, which incorporates parking. Mahoney said he would like the staff to start developing questions and answers on this proposal. Mahoney pointed out working with Curt Stewart, transportation planner, the City could start getting answers from the study before October. Mahoney explained to Council this is up for discussion now so that Council can decide if they want to develop plans this fall or next spring. If this question is on next spring's ballot, bids could not be let for summer 1979. Also, Council will have to make provisions for this in the budget. Councilman Behrendt said he felt these were two separate issues; the expansion of the mall, and the parking solution as a consideration. Mayor Standley reminded Council that a mall plan for all five blocks was adopted by the Mall Commission and Council two years ago. Mahoney said the design he would recommend would not be a big budget item. Councilwoman Johnston moved to instruct City Manager Mahoney to pursue the election this fall on the mall expansion question; seconded by Councilman Behrendt. Councilman Parry asked if this would include only the mall or seek a resolution to the parking problem. Councilwoman Johnston suggested that the transportation study and park-' ing suggestions could be part of the campaign. Councilman Parry said he would rather have the two as two separate questions. Mayor Standley asked the staff to get ahold of Design Workshop and find out how they are coming on the underground parking with Hans Cantrup. Mayor Standley said he felt the private sector was the best way to go. All in favor, motion carried. Councilman Behrendt moved that simultaneously a vote be put to the people enabling the City to fund through bonds a parking structure, if the electorate wants it. Mayor Standley stated technically this cannot be done as a vote on a bonding issue is a vote on a bond issue that is fully described and that cannot be done. If the Council wants a vote to find out if there's interest on the part of the community to fund a parking structure through a bond issue, that's fine. Councilman Behrendt moved to put to a vote to see if there is interest in the community to fund a parking structure through a bond issue; seconded by Councilman Parry. All in favor, motion carried. FLOOR AREA RATIO REPORT Joe Wells, planning office, told Council the staff had made FAR recommendations for residential districts and met with the P & Z. The Board of Realtors made alternate FAR report recommendations. The planning office and P & Z were asked to consider volume ratios. There was not much interest in volume ratio from P & Z. The recommendation P & Z made was to consider a historic overlay district to deal with the problem of large structures in the west end. Wells stated the problem with that is it seems inappropriate to use historic designation to deal with this as it doesn't deal with anything other than the west end. ~egular Meetlng Aspen ul~y uouncl± ~u±y z~, ~ The planning office is amenable to a special review mechanism of some sort. Wells recommendation for the interim would be some FAR or volume proposal because the City continues to get inordinately large structures. Wells stated he felt volume ratio is more appropriate that FAR because it limits the bulk of the building. Councilman Behrendt said he was enthusiastic about addressing cubic footage, and that it should be restric- tive. Ms. Smith said the volume ratio would take a lot of time to administer volume ratio. Councilman Isaac said if the object is to preserve open space, couldn't there be a per- centage on open space, a footprint ratio to land. Councilwoman Johnston suggested that beyond a certain FAR, then cubic footage comes into it~ Councilman Behrendt moved that the planning department return with dispatch to the Council with a program to amend the codes to restrict cubic footage, square footage, and to get a larger open space, and that there will be a review process to enlarge these; this should be drafted as an ordinance; seconded by Councilwoman Johnston. All in favor, with the exception of Councilman Parry. Motion carried. SUBDIVISION EXEMPTION - Francis Street Condominiums Subdivision Ms. Smith told Council this is a subdivision exemption request for condominiumization of Exemption two single family dwellings located on lots A and B, block 16, City of Aspen. The Francis Street engineering department indicated they would like a commitment to join improvement districts Condos for the creation of sidewalks, curbs and gutters. The housing director indicates he recommends approval as there have been no tenants on the property since April 1. A 90 day right of first refusal and six month lease have been recommended. The P & Z recommended approval on that basis and the incorporation of the engineer's approval. Councilman Behrendt moved to approve subdivision exemption conditioned upon joining any street improvement district, six month minimum lease and 90 say right of first refusal; seconded by Councilman Parry. Councilwoman Johnston askecT/abc~t employee housing provision. John Kelly, representing the application, said they intend to covenant to six month lease. The rental history of this property is that it was operating as an illegal fiveplex. This is two houses loosely constructed. Mayor Standley pointed out these are two existing houses. Kelly said there is extensive remodelling going on. All in favor, motion carried. SUBDIVISION EXEMPTION - Ochs 'Subdivision Ms, Smith told Council this is a subdivision exemption request to build a duplex on Exemption - 17,000 square foot lot in West Aspen subdivision. There is a single family house on the lot now. The applicant wishes to build a second unit; condominiumize that, and sell the original unit. There is no comment from the engineering department. The housing director recommends approval and the only tenants will be moving to the other side. The P & Z recommended approval subject to six month minimum lease. Councilman Parry moved to approve this subdivision exemption request subject to six month minimum lease; seconded by Councilman Isaac. Ms. Smith said the planning office is asking for a subdivision agreement which will be recorded along with the plat. All in favor, motion carried. HOVDESVEN PUD AMENDMENT Ms. Smith explained to Council this is a PUD exemption request. The NC zone district HovdesvenPUD amendment requires that certain matters of area and bulk be set by PUD plan, such as lot width, minimum yards, maximum heighth, open space and minia/m lot area. These are set and cannot be varyied from. The planning office is suggesting this go through exemption as little purpose would be served by taking it through full PUD. P & Z agreed and recommended approval~ Council will be setting height and set back provisions according to plans submitted by the applicant. The building does comply with the 1:1 FAR requirements. Building inspector Meyring reviewed the plans and recommended approval of the 5 foot set back and the two story heighth. A PUD with these parameters is consistent with the Durant Mall. Meyring noted these plans show a lack of 25 per cent open space requirement by 632 square feet. The applicant has worked this out and will revise the plans. The P & Z recommended approval of the PUD based on (1) dedication of an easement for electricity transformer as may be required by the City, (2) should the paved parking area be heated for snow melt purposes, a drainage plan should be provided and approved by the City engineer, and (3) alteration of plan to conform with open space requirements of NC zone district, prior to building permit issuance. Councilman Van Ness said he would like to see how the plans change to fit the open space requirement. Councilman Behrendt asked if there wasn't s~me way to decrease the size of the building. Ms. Smith stated this is the NC district, and the purpose is to serve the local population. The FAR is set at 1:1 and is not controlled by PUD. Ms. Smith suggested tabling this as the applicant is not here. Councilwoman Johnston said she was concerned about this building being joined to the Durant Mall and wanted to know more about that. Councilman Isaac moved to table this item; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #9, SERIES OF 1978 - Refinancing Bonds Ord. 9, 1978 Mayor Standley opened the public hearing. Don Diones, Kirchner/Moore, told Council he had Refinancing tried to make some changes in the bonds to improve the City's bond rating. The changes Bonds he received are net the correct ones. Mayor Standley asked if this could wait until the next Council meeting. Diones said no; Council scheduled a special session for Monday, July 31, 1978, at 5:00. Mayor Standley suspended the public hearing on Ordinances ~9 and ~27. Councilman Wishart moved to table Ordinance #9 and 27, Series of 1978; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE #20, SERIES OF 1978 - Goldsmith Water Extension Mayor Standley opened the public hearing. City Attorney Stock told Council the City had some problems up by the Hunter Creek water storage. Goldsmith wants to get water Ord. 29, 1978 service and presented a contract that John Musick and Stock objected to because of a Goldsmith Court decision in June which said that extending water services may be called public Water Extension utilities and the City does not want the PUC to come in here. Stock said the new agree- ment will have Goldsmith convey an easement;pay~to City $1500 for water rights; Goldsmith will pay PIF and tap charges, and willpay all the assessed rates. Goldsmith will construct and install a line to the water tank; the City will pay 50 per cent of that line up to $7,000. The City will do engineering design, survey, inspection and administrative services for which Goldsmith will pay back to the City up to S600. If the property next door taps on in next 7 years, 25 per cent of the construction costs will be assessed to that party. If there is any defoliation damage to the road, trees or vegetation, Gold- smith agrees to replace that up to S500. Stock told Council what is important to the City here is getting an easement and looping the City water lines, that is why the extension is allowed. Councilwoman Johnston asked if this was setting a precedent for giving service outside the City. Stock pointed out the contract says the City is not interested in provided services outside the City but are interested in creating a better system. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance #20, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE ~20 (Series of 1978) AN ORDINANCE EXTENDING THE MUNICIPAL WATER UTILITY TRANSMISSION LINES BEYOND CITY BOUNDARIES was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~20, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Wishart, aye; Johnston, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE 924, SERIES OF 1978 Amending Animal Fines and Fees Mayor Standley opened the public hearing. There were no comments. Mayor Stand~ey closed the public hearing. Ord. 24, 1978 Amending Animal Councilman Behrendt moved to read Ordinance #24, Series of 1978; seconded by Councilman Fines & Fees Parry. All in favor, motion carried. ORDINANCE 424 (Series of 1978) AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY SETTING DOG LICENSE FEES AND PENALTY ASSESSMENTS FOR FAILURE TO LICENSE DOGS was read by the city clerk Councilman Behrendt moved to adopt Ordinance #24, Series of 1978, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Isaac, aye; Johnston, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #25, SERIES OF 1978 - Approving Pansing Pontiac Leases (Saabs) Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 25, 1978 the public hearing. Councilman Behrendt moved to read Ordinance ~25, Series of 1978; Saab leases seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~25 (Series of 1978) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THREE VEHICLE LEASING AGREEMENTS BETWEEN THE CITY OF ASPEN AND PANSING PONTIAC, INC., WHICH LEASES ARE EACH FOR A TERM OF 12 MONTHS AND PROVIDE FOR A MONTHLY RENTAL PAYMENT OF $165.00 FOR EACH VEHICLE AND FOUR VEHICLE LEASING AGREEMENTS BETWEEN THE CITY OF ASPEN AND PANSING PONTIAC, INC., WHICH LEASES ARE EACH FOR A TERM OF 12 MONTHS AND PROVIDE FOR A MONTHLY RENTAL PAYMENT OF S185.00 FOR EACH VEHICLE was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #25, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Johnston, aye; Parry, aye; Behrendt, aye; Isaac, aye; Van Ness, aye; Mayor St~ndley, aye. Motion carried. CITY MANAGER 1. Toilets in Wagner Park. Mahoney told Council the toilets had to be closed because of unsanitary conditions. The water supply was inadequate and the toilets would not flush. Toilets in There was accumulated vandalism also. Mahoney requested S1700 to fix the toilets. Wagner Park ~u~ lv~eeslng Aspen City Council July 24, 1978 _~ Councilman Behrendt moved to appropriate $1700 for the toilets; seconded by Councilman Parry. Councilman Isaac asked if this facility was open at all hours. Mahoney said he was going to have the bus people open it in the morning and close at night. All in favor, motion carried. 2. Electric Switchin~ Station. Mahoney said the staff has been developing a total pro- gram for this. The City bought the land, there is three-phase coming in from Colorado Ute. The electric office facilities will be moved here out of the shop because of Electric scarcity of room. The City is at the stage to let a contract; there are definite bids. Switch Station There is a memorandum from Dave Ellis, city engineer, regarding the contract. Mahoney said there will be room to keep the electric trucks. There will be no wires coming or going from the building. Councilman Behrendt moved to authorize an appropriate of $47,305 out of electric surplus revenues; seconded by Councilman Parry. Councilman Isaac said he felt this is an expensive building. All in favor, motion carried. 3. Street Repairs. Mahoney told Council this is part of a capital budgeting program the staff has been working on. The capital program for streets will continue over a three Street Repairs year period for about $1,000,000. The Mill street project is $250,000. Mahoney said money has to be spent to keep up the streets. The bike path on Cemetery Lane will be discussed during budget time. Mahoney said he would like to transfer $35,000 from water enterprise fund to do this 1978 street program. This transfer will not jeopardize any water programs. Councilman Isaac moved to approve the transfer of $35,000 from water enterprise funds; seconded by Councilman Behrendt. Dave Ellis told Council there is $28,000 estimated in just patching alone. They'are trying to stretch the money this year, and are also trying to minimize the number of streets to be overlaid so that they won't go back and tear them up over the next couple of years. All in favor, motion carried. 4. Newspaper Vendin9. Mahoney told Council the City will designate a certain number of locations and have the newspaper people, at their expense, install modular vending machines. The City will lease them the space at a nominal amount, which will meet the City's licensing Newspaper provisions. The newspaper people requested 20 to 22 locations; Mahoney suggested 10. iracks and Mayor Standley said 10 places were fine and H. J. Stalf could work out the location plan vending and bring it back to Council for their approval. Bil Dunaway, Aspen Times, said he did not feel any newspapers should be shut out. To make this fair, the City should buy the racks and assess the newspapers. Councilman Behrendt said that way the City would have to maintain them. Councilman Behrendt moved to proceed with this conceptually; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry said Stalf can determine how many there should be. Every newspaper does not have to be accommodated in every location. 5. Electric Rates. Mahoney told Council the City was advised the rates would go up abo~t 8 per cent. If the City wants to oppose this, they need to send the attorney or staff back to Washington, D.C. Mahoney said there will be a $445 one time charge. Electric rates, Mahoney stated this is the first ~ncrease in two and a half years and he feels it is raise in appropriate. Mayor Standley said the Council votes on the electric rates to the public. The Council can pass this on or absorb it. 6. Budset Sessions. Finance Director Butterbaugh said her department is giving Council sheets with lists of programs each department does. Council can go over these and see where the areas of dissatisfaction are. There will also be a list of capital projects Budget and Council can prioritize these. · Mayor Standtey asked where the audit was. Ms. Butterbaugh said the auditors had just received it back from the printers and are binding it. The audit will be available by the time Council starts the budget sessions. There will be a housing meeting Monday at 5:30; special meeting on the bonds to proceed it. There will be a budget meeting Wednesday at 7:30. ORDINANCE ~26, SERIES OF 1978 - Approving Towing Contract Ord. 26, 1978 Council had requested that someone from the police department be present to explain the Tow Contract various rates charged by the tow company to the City, and the rates the City charges the public. There was no one to explain these. Councilman Behrendt moved to table Ordinance #26, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #28, SERIES OF 1978 Ratifying Bus Agreement ~ Ord. 28. 1978 Mayor Standley said his ma~or concern is that the City has very specific performance Ratifying Bus elements, but Elder, Quinn and McGill has no guarantees of delivery to the City. Duane Agreement Fengel told Council that Elder, Quinn was a dealership, not a manufaoturer. Fengel said in most instances with Blue Bird, they have been ahead of their delivery dates. These buses don't come off the line 20 at a time, but 3 or 4 at a time. The transportation department can go pick them up as soon as they are ready. Obie Begley, sales manager for Elder, Quinn, told Council these buses were a priority order and were ordered May 5. There have 10 or 12 changes and Elder has tried to incorporate these. Elder wants to minimize the amount of time the buses will be at their facility in Denver. Regular Meeting aspen Ul~y Begley said the delivery dates they have committed to are 10 units November ~th and 10 units December 1st. Blue Bird refused to go along with Elder on a late penalty clause or performance bond. The addendum says that Blue Bird will have the buses here. The City has the recourse to sue for damages against Blue Bird if the buses are not here. Begley said that the first few units are already being produced. Mayor Standley said in going through the contract there are a lot of terminology regard- ing specific performance on the part of the City and very generalized ~erms on the par~ -- of Elder, Quinn and McGill. Mayor Standley said his concern was that the City would not have the buses when needed. Councilman Parry pointed out that Elder is a good dealer; the buses have stood up, and they have been very reliable. Councilman Behrendt said as an alternative, Elder might be able to get together some temporary buses. Begley stated it would be a disservice to offer used buses. Mayor Standley said the staff should keep working on alternative. This is a severe economic decision of $1,000,000. Mayor Standley said he wanted a contract with specific delivery dates. If Blue Bird doesn't deliver, the City has the option to rescind the contract or bring a law suit for damages. Councilman Parry moved to approve the bus agreement; seconded by Councilman Van Ness. Councilmembers Parry, Wishart, Van Ness in favor; Councilmembers Isaac, Johnston, Behrendt and Mayor Standley opposed. Motion NOT carried. ORDINANCE ~29, SERIES OF 1978 Vacating Alleys in Block 64 and 71 City Engineer Ellis told Council this is part of a negotiation with the school district for an underground project. The City needs an easement to go through their property to Ord. 29, 1978 connect with the switching station. Ellis presented a map to indicate the needed ease- Vacating Alleys ments. When Aspen street was vacated, these alleys were not vacated although that was Blocks 64 and 71 probably the intent. Councilman Wishart moved to read Ordinance #29, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE a29 (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 Behrendt moved to adopt Ordinance ~29, Series of 1978, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Van Ness, aye; Parry, aye; Isaac, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion carried. CITY ATTORNEY CONTRACT Mayor Standley told Council this contract incorporated all the items and salary that had been negotiated with Ron Stock. City Attorney Contract Councilman Parry moved to approve the contract; seconded by Councilman Wishart. All in favor, motion carried. Councilman Isaac moved to adjourn at 9:00 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. / K'~~h, City Clerk Special Meeting Aspen City Council July 31, 1978 Mayor Standley called the meeting to order at 5:25 PM with Councilmembers Behrendt, Isaac, Van Ness, Johnston and Wishart present. Also present were Transportation Director Harold Stalf and City Manager Mack Mahoney. ORDINANCE 99, SERIES OF ~978 - Refinancing'Bond Issues Mayor Standley opened the public hearing on Ordinance ~9. He noted that Diones under- Ord. 9, 1978 lined the changes from the first reading. Diones noted a change in method for the Refinancing County sales tax pledge. They hope to get an A rating as opposed to a BAA-1. Council- Bonds woman Johnston asked the cost of this. Diones stated that the payments will end in 1992 and the to%al savings will be around S50~000. He noted that they will change the errors in the action for final approval as prepared by the bond attorneys. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance ~9, Series of 1978; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~9 (Series of 1978) AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALES TAX REFUNDING REVENUE BONDS OF THE CITY FOR THE PURPOSE OF REFUNDING ALL PRESENTLY OUTSTANDING SALES TAX REVENUE BONDS, IN ORDER TO MODIFY AND ELIMINATE CERTAIN RE- STRICTIVE CONTRACTUAL LIMITATIONS APPERTAINING TO THE CITY'S SALES TAX REVENUES AND TO SAID OUTSTANDING BONDS; PROVIDING THE FORM AND TERMS OF SUCH REFUNDING BONDS; PROVIDING FOR THE DISPOSITION OF THE INCOME AND REVENUE DERIVED FROM THE SALES TAXES OF THE CITY AND THE CITY'S SHARE OF PITKIN COUNTY SALES TAXES; PRESCRIBING OTHER DETAILS CONCERNING SUCH BONDS, SALES TAXES AND FUNDS PERTAINING THERETO; REPEALING ALL