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HomeMy WebLinkAboutminutes.council.19780612monies immediately. This is going to be addressed in the future. Councilman Behrendt moved to adjourn at 7:30 PM, seconded by Councilman Van Ness. All in favor, motion carried. They will break for five minutes and then meet in an execu- ~ tive session. Regular Meeting Aspen City Council June 12, 1978 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley called the joint meeting together at 4:15 p.m. with Councilmembers Behrendt, Joint meeting Isaac, Van Ness, Parry, Commissioners Child, Edwards, Kinstey present. City Manager with County Mahoney, County Manager Ochs, City Attorney Nuttall and County Attorney Stuller also CuLu~ssioners present. 1. Animal Fees and Fines Change. Mayor Standley opened the public hearing. County Animal Fees and Attorney Stuller presented a resolution for the County to adopt these changes. Ms. Fines Change Stuller reminded the Boards that a month ago the Council and Commissioners had decided to jointly conduct a public hearing to amend the animal fees and fines. The changes would be that licenses would be acquired bi-annually. The fees for licenses would be $20 for an un-neutered animal and $2 for a neutered animal. The fines would be adjusted to $10 for a neutered animal and $25 for an un-neutered animal. The fines for running- at-large now are on a time span and how many times the animal is picked up. This will have to be recalculated. Janie Gerber, Animal Control Officer, told the Boards that the current license fee is $2 yearly. For neutered dogs this will actually be a decrease in fees. Ms. Gerber pointed out the resolution is for $20 license fee for un-neutered animals and would like that lowered to $15. Ms. Gerber said she felt the $20 might encourage people not to get their dogs licensed. Mayor Standley closed the public hearing. Ms. Stuller pointed out the County may adopt these changes by resolution, but the City has to have an ordinance. Commissioner Child said he would prefer to take action jointly so that the City and County will have the same rates. Councilman Behrendt moved to table reading of the Resolution until both are prepared; seconded by Councilman Parry. Ms. Stuller suggested that the County take action but not have the effective date until the City's ordinance would be effective. Councilman Behrendt withdrew his motion. Commissioner Kinsley moved to approve the resolution effect~ive 10 July and have the license rate for un-neutered animals be $15 rather than $20; seconded by Commissioner Child. All in favor, motion carried. 2. Herron Park/Rio Grande Trail. John Young presented a map to the Boards of the pro- Herron Park/Rio posed conceptual alignment through City-owned land from Herron Park to the Rio Grande Grande Trail trail. Young said he wanted the Boards to be acquainted with the costs of the trails as there is a small portion which the City needs to be involved in. These sections are from Mill street east and up to tbs intersection with the Courthouse trail. As per agreement, the costs of that portion are to be borne 50/50 City/County. Young pointed out the proposed three bridge site, one connecting the island at Herron Park; another one to west of the Andre (Creektree) trail which will connect to the old Gibson road. The Commissioners have already approved financially the proj~ect at a total cost of $55,087. The City's share will be $1,667.50. The major portion of the project is the County's responsibility. Young said he had estimated the bridge costs rather high. The engineering work will be done, and then Young will be able to give a better estimate~ Commissioner Kinsley pointed out if the City acquired the Aspen One property, the alignment may be changed closer to the river. Perhaps this project should wait until the City knows if they can get this property so that the trail will not have to be torn up and replaced. The location of the trail should be part of the long term plans for the area. Young said he has taken this pro3ect through the City's engineerlng department, and it met with their approval. Young is planning on having the trail constructed this summer. The trail will end on the east end at Neal Avenue. In the future, they hope to have the Herron-Ute trail meet at Neal Avenue; this will be a hard easement to obtain. Mayor Standley said he would like the bicycle trails posted and have the police ticket people who ride bicycles on the highway. Young stated they hoped to accomplish enforce- ment plan this summer and a public education program of all the trails that are open. Young stated he felt this alignment shown tonight is tying enough links together to make this an important trail. 3. Red Mountain Repeater Site/Additional Funds. City Manager Mahoney told the Boards Red Mountain they had started this project at the urging of the communications people; it was necess- Repeater Site/ ary to be able to cover the entire county for radio transmissions. The City had gotten ~ditional Funds an estimate from Chic Collins and engineering department for what this would tak~ to complete. During last summer, the City went through various Boards and did preliminary planning necessary. In the meantime, someone torn up the Forest Service land up there and everyone go~ scared. No one would give the City access. The City was allowed up to the pro3ect either by helicopter or horseback. Because of this and weather problems, the project ran into over-runs. Nick Pasquarella, communications director, told the Board he feels the City and County should be responsible for $23,500. Pasquarella pointed out it took a long period of time to get the electricity to the site approved. The homeowners and Forest Serivce objected. ~egu~ar ~ee~ng Aspen City Council June 12, 1978 Working with Holy Cross, they got a transmitter up there in November. There were early snows and the labor costs were $5,000 over. Mayor Standley pointed out this is a 67 per cent cost overrun. Mayor Standley read from the memorandum presented to the Boards that the cost overruns were caused by "inadequate on site management of the project, and continuous direction from the communications office to complete the project.'! Pasquarella said that Collins Engineering was responsible for on-site management. The other reason was a letter from the communications department in late November asking for a status report. The answer was that they were 95 per cent complete with only $2 or 3.000 left. Pasquaretla then found out this was not the whole job. Mayor Standley said there was no way he would approve funding $16,000 or half to complete something that is the problem of construction management with overruns up to 75 per cent of the estimate. Mayor Standley stated this is the third project done for the City by this firm, and they have been off on all of them. Commissioner Kinsley moved to ask the two managers and two attorney to work on this and come back to the Boards; seconded by Councilman Behrendt. All in favor, motion carried. 4. 1978 Special Census Funding Request. Brian Stafford presented a memorandum ~n which 1978 Special Cen~ he was asking for an additional $2184 per entity to complete the special census. Stafford sue Funding Re- said this was the second time the Boards have been confronted with a budget request. quest Stafford explained he had been involved in trying to hire 26 people to do the census, and it was difficult to get people to work for $3 per hour. Stafford raised the pay to $5 and has enough people to complete the census. Stafford told the Boards there were cost overruns in Eagle County due to people quitting, training new people. Councilman Behrendt moved to approve supplementary appropriation of S2184 for the census; seconded by Councilman Isaac. All in favor, motion carried. Commissioner Child moved the County appropriate $2184 for the census; seconded by Commissioner Kinsley. All in favor, motion carried. A representative from the Bureau of Census told the Boards that Eagle County had 6,000 population in 1970, and the special census showed a population of 12,400. 5. Citizen Participation. There were no comments. Citizen Partici- pation COUNCIL MEETING MINUTES Councilman Van Ness moved to approve the minutes from the May 22 meeting; seconded by Councilman Isaac. All in favor, motion carried. ACCOUNTS PAYABLE Accounts Payable~ Due to a breakdown of the Xerox machine, these will no~ be presented until June 26. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS Councilmember 1. Councilman Isaac told Council he had gone to Montrose with the City Manager to see C~ts Governor Lamm. Governor Lamm encouraged the growth on the Western Slope. Councilman Isaac said he felt this was a campaign more than anything. 2. Councilman Parry brought up the lack of attendance for Councilman Wishart and asked if there were anything that could be done about it. Mayor Standley pointed out the Charter makes no provlsions for this. Councilman Wishart had told the Mayor he would be gone for a month or so. This is the third meeting he has missed. 3. Councilman Parry asked if the street department were working on filling the holes. City Manager Mahoney said the street department has been getting hot patch mix and are out patching. 4. Councilman Parry asked if the sprinkler system were installed in the new ball park. Mahoney answered the contractor started this morning and will be done by Friday. The parks department will be laying sod next Monday. 5. Mayor Standley deleted Subdivision Exemption Gene Law; Conceptual Subdivision - Arrowhead; and Bus Design Approval from the agenda, and asked that Another Roadside Attraction be added. Councilman Behrendt moved to add Another Roadside Attraction; seconded by Councilman Parry. All in favor, motion carried. 6. Mayor Standley told Council the Council had received a certificate of appreciation from Retired Sen~or Volunteer Persons for the City's recognition and involvement with the RSVP program. 7. Mayor Standley told Council he had a friend visiting from Verbier, Switzerland, which is a big ski resort over there. Mayor Standley's friend has spent seven weeks travelling the United States looking at ski resorts, and he told Mayor Standley that Aspen is the most attractive and cleanest town he had been in in seven weeks. 8. Mayor Standley reminded Council the City Attorney interviews have been set up for Wednesday, June 14 at 7:00. They will be with Stock, Muller, and Levin. BONDING FOR THE GOLF COURSE Bonding for%he Golf Course Don Diones, Kirchner/Moore, told Council that after looking at projected revenues for the golf course, the play was not enough to cover the load. Ki~chner/Moore would like to tie this bond into support from one of the sixth penny funds. They are looking at an ordinance for the sixth and seventh pennies to reduce the payments. Councilman Behrendt said he thought this was a self-sustaining revenue bond and would not draw from other bonds. Mayor ~ Standley said this is a revenue bond but it has to be support from alternate revenue sources in the event it does not carry itself. Councilman Behrendt asked if there were limits on the ability to draw on the sixth and seventh pennies. Diones explained the limits'will not exceed the debt service; the maximum will be $100,000 in the year 1988. Finance Director Butterbaugh said the idea is that if there is a short fall, the City would have the option of taking money out of the general fund. Because the City is a municipality, the Council has the option of shutting down the golf course and not operating it. The bondholders have to have some guarantee for paying off. The City has allocated about $30,000 per year to the golf course support in years past. Diones said the golf course project will be self-supporting by 1982 or 83~ In the bond payments, the City is incorporating the $30,000 that has subsidized the golf course for years. Mayor Standley explained the City borrowed more than they needed to cover short fall for the first couple of years. ANOTHER ROADSIDE ATTRACTION Another Roadside A representative told Council Another Roadside Attraction produces skateboard events Attraction throughout Colorado. Aspen is scheduled for the third stop, July 22 and 23. This event was really successful last year. There were no problems with safety; all people are required to wear safety equipment. The representative asked if Mill or Aspen streets would be paved this summer; Mahoney answered no. They asked for Bleeker street from North 1st to Third. This will be a professional contest to allow space and cones. They will need the street from 6 a.m. until 5:30 p.m. which will include all clean up. Councilman Behrendt moved to use Bleeker street for Another Roadside Attraction for that period contingent upon getting approval from the homeowners; seconded by Councilman Isaac. All in favor, motion carried. SPECIAL EVENT PERMITS Special Event Per- 1. Music Associates of Aspen. Councilman Behrendt moved to approve the two hour license mits for August 19 at the Institute; seconded by Councilman Parry. All in favor, motion carried. 2. BOLD, Inc. Councilman Behrendt moved to approve the license for June 24, at the Paepcke Auditorium; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Acapulco Gold ~ Liquor License Councilman Behrendt moved to approve the liquor license renewal contingent upon Tom Renewal Dunlop's final approval; seconded by Councilman Parry. All in favor, motion carried. PROPOSED NORDIC SKI PROGRAM Proposed Nordic Ski Mayor Standley told Council this program had become cost and space prohibitive for the Program Aspen Ski Club to run. There are some advantages to the City taking over this program. Mayor Standley said a concern is getting into competition with the Ski Club. Recreation Director Ted Armstrong has drafted a proposal and is enthusiastic about doing this. Terry Morse, Aspen Ski Club, told Council a program of this type should be offered to people in the community at a reasonable expense. At the Ski Club it has gotten to the point where the money involved is too much for a lot of people. The Ski Club would like to see a viable alternative to this program. This proposal is similar to the soccer and swimming programs were a lot of kids can participate. The Armstrong draft is more extensive and allows more people to participate because the cost is lower. Morse said this program would be for the trails that exist on the property by the James E. Moore pool, and would be packing these trails. Councilman Van Ness asked how many people used this program. Morse answered 6 in the Nordic program; 12 in the junior and 15 to 20 in the senior program. The prices is $25, $200 and $50 respectively. Mayor Standley pointed out the skimobile and track setter are fixed costs; this budget is roughly $6,000 to run a program for 75 people. Mayor Standley said he felt it is a pretty good program. The City would like to get Armstrong to do more in the winter; he was a Nordic skier and a coach. Councilman Isaac asked if this program would be better run by the City or a private concern. Morse Said he would like to see the best possible program offered for the lowest price to get more kids involved. The Ski Club was not able to work anything out with the school board because of the time factor. Mayor Standley asked if most of Council were interested and he would have Armstrong refine the program. Councilman Isaac said he was interested in the senior program, but would like to see the school board fund the kids program. Council indicated interest and asked that Armstrong go over the program. RED ZINGER BICYCLE CLASSIC RACE Red Zinger Bicycle Classic~_j Dave DePayne, technical coordinator for the race, requested approval for the bicycle race Race to come through Aspen on two days. This will involve road closure on July 10 and 11. They are planning a criterium in Aspen and have the course picked out; this will be a 75 mile criterium on July 10. There will be a women's road race whic will leave town, go up both Castle Creek and Maroon Creek roads. They have received approval from the state patrol. On July 11, they will make a quick circuit on town and then off up Indepence Pass to Vail. DePayne siad they would need police to be out to help with'~he traffic. They will have volunteer marshalls to help with pedestrian control and animals. For the criterium, they aspen ~l~y uouncl± June 12, 1978 require the streets closed from 2 to 4:30 p.m. The people that live on these streets would be able to get through. Councilman Behrendt moved to approve this race and have DePayne coordinate with the City Manager; seconded by Councilman Parry. Mayor Standley suggested getting out advance publicity to the merchants. All in favor, motion carried. Monte Hughes told Council there would be Olympic teams competing from all over. This is the richest American bicycle race. The Red Zinger Bicycle Classic promotes good health, fresh a~r, less use of cars and more use of bicycles. RECONSIDERATION OF FIREWORKS Reconsideration of Fireworks Mayor Standley said this is on the agenda at Councilman Van Ness's request. Mayor Standley read a memorandu~ from the fire department which stated they had voted not to put on the fireworks display even if these were funded by the City. Councilman Isaac asked the City have a PR relase to let people know Aspen is not going to do anything for the Fourth of July. Aspen is not a free town for the Fourth of July for everyone. Mayor Standley directed this City Manager to do this. Joan Klar said she felt the City should tone down the Fourth but she would like to see the Fire Department and Council reconsider the fireworks as a traditional part of the Fourth of July. Councilman Behrendt moved tha~ the City Council of Aspen ask the fire department to reconsider their position; seconded by Councilman Isaac. Councilman Behrendt amended his motion to put a $1500 expenditure limit on this display. Councilman Van Ness said he would like to see the expenditure be $2000. Councilman Behrendt accepted the amendment. Councilman Parry said if the fire department, after last Fourth of July, made a decision not to have Fourth, he cannot see turning around right now when people have forgotten what they said and felt about last year's Fourth, and having fireworks. Councilman Behrendt said he would like to see a half hour family style show in the park without loud speakers. All in favor, with the exception of Councilman Parry and Mayor Standley. Motion carried. FINAL SUBDIVISION - Blue Spruce Final Subdivision Blue Spruce Richard Grice, planning office, present the final plat review for Blue Spruce, which is to remove the presently existing 17 unit structure and replace it with 15 units. Council- man Behrendt asked why the parking spaces were limited to six. Grice said this was a planning office recommendation that because of the location in the cen~er of town and near the buses, they felt automobiles would not be necessary and this lack of parking w~uld encourage people to leave them at home. Ashley Anderson reminded Council this was discussed at the conceptual level, and the applicant was specifically told that six spaces were enough. Councilman Behrendt said he felt the City would have to underwrite the cost of parking lot next door. Joe We~ls, planning office, said that having the parking would be inconsistent with the growth management plan. Two lodge applications were lust approved and were given bonus points for reduced parking and increased limosine service. Mayor Standley pointed out a recen~ study just released showed that people using cars is down to 19 per cent from 29 per cent. Councilman Parry said he would like not to restrict this to short term rental, and would like condition #2 removed. Councilman Isaac said that might shoot a hole in the zoning of keeping tourists in one part of town. Councilman Van Ness agreed with Parry that someone living in one of the units long term would be freeing up another unit in town. Councilman Van Ness said he did not see the practicality for ~2. Councilman Isaac moved that Council grant final subdivision approval to the Blue Spruce with the following conditions; 1 through 6 in the planning office memorandum of June 8, 1978, an easement along the westerly side of the property and any other rights of way the City deems necessary; seconded by Councilman Parry. All in favor, with the exception of Councilman Van Ness. Motion carried. FINAL SUBDIVISION - Parry Final Subdivision Pa_~ry Richard Grice, planning office, told Council this is a final plat approval pursuant to Ordinance =3 requesting a special one lot for the creation of a slngle family dwelling on lot 2. This has an exemption from the growth management plan by v~rtue of the fact there is one single family unit on lot 1. This can only create one additional parcel. If anything other than a single family unit is built, it will have to go through growth management review. The lot is large enough in the R-15 zone for a duplex. If the new owner wanted to build a duplex, he would have to apply for a development allotment through GMP. This has been reviewed by Ellis and City Attorney Nuttall and there are no substantial problems. Councilman Behrendt moved to approve the final subdivision conditioned upon a minor change in the plat language and they can only put a single family dwelling unit on it; seconded by Councilman Isaac. All in favor, Councilman Parry abstained. Motion carried. CONEEPTUAL SUBDIVISION - Aspen Institute Conceptual ~,, Subdivision Ms. Karen Smith, planning director, stated this application is for conceptual subdivision Aspen Institute and planned unit development only. The Council has already approved conceptual master plan with SPA for the property subject to conditions. P & Z considered this at their May 30th meeting and passed a resolution that recommended denial on the grounds that the proposal did not satisfy the conditions Council had attached to the conceptual SPA. Ms. Smith said that the Council could deal with this two ways; in order not to mislead the Institue, Council could deny on the basis that the concerns have not been satisfied. The other approach would be to raise the concerns, recognizing that the parameters of conceptual and PUD are very loose, there are not specific criteria which must be approved. Concerns ought to be addressed at the final master plan, the next stage of the process. Joe Wells, planning office, reminded Council they granted conceptual master plan approval in August 1977 and stipulated conditions; (1) on-going winter conference and educational program be established; (2) that a certain number of rooms was made available in winter for community service purposes, including housing for local employees; (3) the 35~ room proposal was accepted in concept as a maximum figure for all Institute lands in the City the balance of which would be deed restricted as open space, and that the 356 room proposal should include employee housing; (4) asked that development be limited to a cluster at the Meadows, the riding ring and lands along river have all development rights removed; (5) ask that the Institute consider continue leasing the operation as opposed to selling it, or develop mechanisms to assure they would remain in Aspen, and to see that the programs develop as a conference facility and not a tourist facility. Wells told Council the P & Z recommended denial of the conceptual subdivision and PUD because they felt a 356 rooms appears to exceed the academic needs of the Institute and this size will have an adverse impact on traffic, pollution, transportation, and employee housing. The Institute development is inconsistent with the growth management plan. The P & Z felt there were many concerns which were not satisfied by the Institute. Wells said he had been informed by Council that 356 room approval at the conceptual stage was intended to be a maximum number of rooms in which the Institute was being asking to design a program to balance the existing facilities. The applicant may have been mislead Discussion of a by this. Wells told Council there was a considerable discussion about the appropriateness number of units in of a certain number of units in the more traditional zoning. There was also discussion them ore traditional about the county land not being included. Bill Kane developed a rationale for 147 units zoning of single family dwelling.. If one assigns the traditional 3.5 persons per unit, that is a population generated by that kind of development of 515. If a unit at the Institute is defined as a bedroom and a maximum of 2.5 persons per room, you could develop a rationale for a population equivalent of 515 persons. In that case, the Institute should be looking at 258 rooms. Wells reminded Council that the requirements for conceptual subdivision and PUD, the applicant is not asked for master plan approval. The requirements for conceptual subdivi- sion and PUD are very limited, and as far as the planning office is concerned, the appli- cant has addressed those concerns. The city engineer has some concerns. The planning office outlined in a memorandum to P & Z concerns they feel have to be answered before final approval. Don Ensign, Design Workshop, is doing the planning work for the Institute. Ensign told Council this is another step in the process which was started in 1973. Ensign said he had taken the past history, concerns and resolutions and tried to respond to them. This is a conceptual plan only; they do not have detailed information to respond to some of the questions. Ensign said a conference center is the only kind of development that can occur given the stipulations. A conference center has a very specific market and is the most easily manageable in the context of the City's resolution. The second element is the physical analysis and design relating to the site. The third item is the community's concerns; Ensign stated he had talked to sev~al groups about these concerns. Ensign said he had talked to two consultants in an attempt to understand what a conference center is and how to control it in a sense the community would like to see it controlled. There are some key elements in a balanced facility; academic facilities, guest rooms, complete range of services, health and recreation facilities. Ensign told Council their information showed this facility should accommodate 280 rooms. In the case of a conference facility, the average is 1.4 persons per room. Generally people don't double up. The existing academic facility is 46,500 square feet; they have requested an additional 12,000 square feet. The existing Meadows is 9,000 square feet, with the additional support included 9,000 plus 3500 square feet for administration. The existing health facility is 4500 square feet; the proposal calls for an additional 3,000 square feet. There are 6 Proposals for Addit- existing tennis courts, and they are asking for 6 more. The existing residential units ional square feet are 92; they are requested 356. There will be 44 employee housing units, which will be envisioned to be the existing chalets, which will be relocated. They are requesting 250 indicates as they feel this is an efficient management level. Ensign told Council they would need about 100 people uo work at the conference center. They very arbitrarily assumed 50 per cent would want to be housed in employee housing. Ensign showed on a map the vicinity where these will be located. The Institute land in the County is zoned AF-2. As far as this submission is concerned, there are no plans for the County land at all. They plan to connect the open space and pedestrian movement system. The plans will internalize the open space inside the facility so that it is easy for people to walk back and forth. The entrance will be relocated to Seventh street as it is clear there are not as many people living along that street. Ensign illustrated %he location of the cluster~.development, which will have management efficiency and~less visual impact. This will also minimize the walking distance from the conference center to the academic facilities. The location for the units will take advantage of the views and the sout~rn exposure. This location will minimize the visual impacts on the surround- ing~properties and the environmental impacts. Ensign did an environmental assessment and based on many elements, picked parcels 2,3,4 for the best areas for development. Eighth street will be closed off except for emergency vehicles. There is no parking program at this point. At the east end they are proposing E~vironmental an additional dining space close to the academic facilities. The new tennis courts are proposed below the Meadows building. The Meadows building is proposed to be a clubhouse, Assessment Done game room, small bar and restaurant. The employee housing will be moved to the south end, the intent being to have employee as part of the residential area rather than as part of the guest rooms. Regular Meeting Ensign said he had requested a proposal from a transportation planning firm to do an exist- ~_~pen Institute ing condition study and a future conditions study. Ensign~told Council that the way conference centers are set up, with all services in one place, he feels there will be less traffic than there is now. Ensign pointed out that presently the Institute is using facilities and rooms in town to house people. As far as the growth management plan, Ensign said he did not know how to address this. EnSign said this facility will operate more or less independent of town; it will be totally self-contained. Ensign told Council that for the coming year 15 out of 24 programs will be in Aspen and are in every month. The programs are expanding and will keep expanding if the facilities will accommodate them. The Institute will generate a positive off season migration into the City. The Institute will not directly affect the City but will create tax revenue. As far as community programs, there is a list of activities that go on at the Institute that are either free to the public or of minimal cost. Ensign reiterated this is con- ceptual approval. He started with the elements of the resolution of the City and made a response to that. During preliminary and final approvals they will refine the plans. Mayor Standtey pointed out that with 54 faculty rooms, that is a conferee/faculty ratio of 5 to 1. Ensign said the average size of a conference is 20 to 50 people. If people people, there are 5 Of them; if there are 20 people, there will be 12 conferences and they would need 18 faculty. Ensign said they would need some flexibility to house conferees, facUlty and employees. Mayor Standley said they Institute had 250 rooms planned for conferees and he would not be willing to allow any other rooms to be used for conferees. Ensign said the flexibility would be more in terms of faCulty and employee housing. If the 44 proposed employee units is not sufficient, they will need to take some faculty housing for employees. Ensign said he did not want to put employees into conferee units. Councilman Behrendt said the employee housing should not impact private housing neighbor- Employee Housing hood but should impact the development. The City does not allow anyone to build apart- ment houses in a residential neighborhood. Joe Wells pointed out their position is that the development should be auto-free. If the employee units are within the development, there might be a contradiction of auto use by residents and non-auto use by guests. Councilman Isaac said his main concern is how to address the project in relationship to the growth management plan and how to get by with an exemption. Councilman Isaac said he had not been convinced this application is different from any other application he had seen. If this project were competing with other projects, would they have a winning score. Andy Hecht said they intended an academic overlay, which has been discussed. Councilman Isaac said he needed some specific guarantees that this application is really different. Ensign said he felt confident the Institute can substantiate these statements, but it will take $100,000 before they will be in written form. Ensign said this development will not have the same impact on the City as 250 condominiums. Hecht said they would stipulate this will not be rented to skiers over Christmas and Thanksgiving. Ensign stated the facility they are. designing cannot be run as a resort motel. Ensign stated the Institute has a consistent record with the community; they have never not done something they said they would dO. Councilman Behrendt pointed out the Institute makes contributions to Aspen community in Contributions terms of a major focus of events. If the Institute doubles or triples the existing facilities with no increase in the academic facilities, how can they continue to make contributions to the community. Ensign answered with detailed scheduling. Councilman Behrendt said he would like to see an interchange and exchange between the community and the Institute. Councilman Behrendt asked that the definition of unit be tightened at the next level. Councilman Isaac said he felt that 356 units is a huge impact, and aSked if they were talking about phasing the development at all. Ensign stated it would have to be phased. Ensign said they would have a phasing schedule at the preliminary stage.~ At that stage there are a lot of additional requirements. Ensign stated that 356 rooms is not the issue; the issue is the impact on the cormmunity. Ensign said they will need to demonstrate this to the satisfaction of everyone. Mayor Standley pointed out in going over the record he had found some inconsistencies between what Ensign stated to be the Institute's position and what the Institute had stated to be their position over the last two and a half years. Mayor Standley said that Ensign had made the comment of the Institute increasing their operation. In a letter from Joe Slater about a year ago he stated the Institute had reduced by 3 weeks the length of its session in 1977 and will continue this reduction in years and place its activities elsewhere. That seems to be a bit of a contradiction. Mayor Standley said he found Ensign's statement about the Institute doing what it says it will do not to be the case, and this is one reason it has taken over five years to get to this stage. Bill.Kane's memorandum of August 1976 in response to the conceptual master plan summarized Conceptual Master six points; approval of the basic 356 rooms, reservation of space for MAA needs - 100 Plan recomraended, stresses phasing, car free development, and development of trail. The room issue still stands out; 250 conferees rooms can be substantiated based on the academic activities, 44 employee rooms can be justified, the faculty rooms look like a guise to generate some additional conferee rooms or hang out rooms and constitute an unnecessary bulk. Mayor Standley said the Council needed some justification, support and empirical data for a 7 to 9,000 square foot restaurant. The number of employees needs to be pinned down more accurately. Mayor Standley suggested instructing P & Z to take this project through a GMP scoring. This project should have to stand the test. The burden of proof of a GMP exemption lies upon the developer and it must be justified to the Council. Mayor Standley brought up the continued arguement of whether the Institute is going to stay and whether they are going to run winter conferences. A May 31 article in the Washington Post quotes a vice-president of the Institute saying that the Y Plantation witlII become the major all-year base for the Institute, that they plan to use Y as a 10 month meeting place and the summer base will continue to be in Aspen. Mayor Standley said the article seemed to be a conflict of what the Council had been told and what they had been lead to believe. Mayor Standley said since the City had sat down with R. O. Anderson, both sides were working on trying to rebuild trust and confidence. The article gets back to the issue of is the Institute in Aspen or not, and are they creating a saleable product or not. Ensign said the Y plantation is to house the publishing offices and to focus the New York and Washington meetings. Hecht said this assurance of the Institute staying in Aspen is Aspen Institute needed and will be forthcoming. Ensign suggested having a subdivision or SPA agreement and using this as a sounding board between Anderson and the Council. Ensign told Council that Anderson had said the programs here would continue to expand. Councilman Behrendt suggested they Stipulate that if the development hotel were ever sold that the proceeds from the sale will be used as an endowment for the Institute in Aspen. Ensign noted another suggestion that a new owner would own 49 per cent of the Meadows and the Institute! would control 51 per cent. Mayor Standley told Council there were 12 letters submitted, pro and con, and the letters will be part of the permanent record. Mayor Standley said if Council were to approve this!, they should enumerate their concerns. These should be answered before any more meetings take place. The concerns of the Council are (1) assertion that the Institute intends to remain in Aspen, (2) documentation for growth management plan exemption, (3) scoring on the GMP point program, (4) resolution or alternative site selection for employee housing, (5) refinement of the estimate of employees, (6) refinements of the estimate of faculty to conferee ratio, (7) agreement to restrict the three types of units - conferee, faculty,! and employee by use, and refinement of those figures, (8) empirical documentation to support the 7 to 9,000 square foot restaurant, (9) satisfactory resolution of the exteriorl and interior circulation and transportation, (10) demonstration of the impacts on the neighborhood, (11) the problems and conditions of the P & Z. Ms. Smith told Council the P & Z also addressed the impacts of this city-wide, impacts on services, pollution. (12) program facilities defined, based on commercial appearance of marketing, (13) assurances of continued use of conference in the winter vs tourist accommodation, (14) tying down open space and deed restrictions, is open space available to the public, trails location and dedication, (15) how the proposed development will impact the views, (16) give the community some programs of community interests so that the community can be involved, (17) phasing schedule. Councilman Behrendt moved to approve the conceptual subdivision and PUD subject to the above list of considerations; seconded by Councilman Parry. Councilman Isaac said he would have to vote against this as it is too large. Councilman Van Ness asked if there were a possibility of approving this project in phases.. The City! could give approval for half or some portion and wait a few years to see how this does impact the community. Ensign said there would be a phasing schedule at the preliminary stage and will be subject to the City's approval. All in favor, with the exception of Councilman Isaac. Motion carried. WHEELER OPERA HOUSE - Master Plan approval Wheeler Opera House Jenifer Carr handed out a brochure for this plan. Ms. Carr reminded Council when they discussed the covenant agreement on the Wheeler, they were concerned about paying expenses for the state historical society. Ms. Carr told Council she had spoken to the historical society and they have stricken this clause. Ms. Cart told Council she is asking for five areas of approval in the master plan. First~ the City has allocated $12,000 from the Department of Interior and Colorado Historical Society. This money with a match from the City will be used to do the master plan on the Wheeler for a direction to proceed. The second approval is the Swales lease on the theatre, which expires March 1981. If the City is serious about doing something about this building, this is an important consideration. Swales is amenable to talks about the lease. Third is approval to negotiate and to obtain at appraised value the Shaw lots next to the Wheeler. These are critical to the success of the theatre; the spaces require- ments are greater than there is now. In order to comply with Federal regulations about elderly and handicapped, a big chunk of the building will be used for elevator require- ments. Fourth approval is that the coordination of the restoration be done through the auspices of the City of Aspen as a City project. The City has invaluable resources and funding possibility. The fifth approval is if the City can acquire the lease or work something out with Swales, to have a kick off fund raising gala to be held in the theatre in August. Ms. Carr told Council there are funds that must be encumbered by July 15. Mayor Standley asked how much could be in-kind. Ms. Carr said about 50 per cent. Mayor Standley said he thought this plan is right .on. Mayor Standley said he would like to have an analysis of the financing sources for the Wheeler and how to go about doing the program. City Manager Mahoney said he would put together a report not only for the funding sources but a 5 to 10 year program, open space purchases, resurfacing streets, etc. Councilman Van Ness said he was leery of plunging ahead until the City knows how much this will cost and where the money will come from. Mayor Standley pointed out this is a $12,000 matching grant, which is already budgeted, to do a master plan. Councilman Behrendt moved to approve in concept the five point plan plus the expenditure of up to $12,000 matching; seconded by Councilman Parry. Councilman Behrendt amended these points to approval use of $12,000 for the master plan, approval of negotiations with Don Swales, approval of negotiations with Mrs. Shaw. All in favor, motion carried. ORDINANCE %12, SERIES OF 1978 - Building Code Amendment Ordinance #12 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Building Code the public hearing. Councilman Behrendt moved to read Ordinance #12, Series of 1978; Amendment seconded by Councilman Isaac. All in favor, motion carried. Regular Meeting Aspen City council June 12, 1978 Ordinance ~12 ORDINANCE #12 ~ ~i (Series of 1978) CODE) BY THE ADDITION OF R-3 BUILDINGS AND STRUCTURES TO SECTION 5302 THEREOF was read by the city clerk Councilman Isaac moved to adopt Ordinance 912, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Van Ness, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~13, SERIES OF 1978 - Park Dedication Fees Ordinance 913 Mayor Standley opened the public hearing. City Attorney Nuttall made an amendment to the ordinance so that adding on and not creating a unit, one does not pay the park dedication fee. City Manager Mahoney said the staff had tried to write a simple formula for the fee so that everyone would understand and it would give the City revenue. The price of land has gone up, so will the fees. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance #13, Series of 1978; seconded by Councilman Parry.. All in favor, motion carried. ORDINANCE 913 (Series of 1978) AN ORDINANCE AMENDING SECTION 20-18 (a) OF THE MUNICIPAL CODE PROVIDING FOR LAND DEDICATION OR CASH PAYMENTS IN LIEU THEREOF was read by the city Ordinance 913 clerk Councilman Behrendt moved to adopt Ordinance #13, Series of 1978; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #15, SERIES OF 1978 - Appropriations for Rio Grande Ordinance #15 Mayor Standley opened the public hearing. There were no comments. Mayor Standley cloSed the public hearing. Councilman Behrendt moved to read Ordinance ~15, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #15 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE LAND FUND IN ~Ordinance THE AMOUNT OF $22,000 FROM 6TH PENNY SALES TAX REVENUES IN EXCESS OF #15 THOSE ESTIMATED IN THE BUDGET AND TRANSFERRING $44,300 TO THE GENERAL FUND FOR THE RIO GRANDE PLAYING FIELD AND LANDSCAPING AND ONE-HALF OF THE PRIDE IN ASPEN CAMPAIGN was read by the ~ity clerk Councilman Behrendt moved to adopt Ordinance #15, Series of 1978, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Behrendt, aye; Van Ness, aye; Isaac, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #16, SERIES OF 1978 - Appropriations for Transportation Ordinance 916 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance #16, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~16 ~ (Series of 1978) Ordinance ~16 AN ORDINANCE APPROPRIATING $22,500 FROM EXCESS 7TH PENNY SALES TAX REVENUES FOR THE TRANSPORTATION FUND, TRANSFERRING $5,000 FROM THE TRANSPORTATION FUND TO THE GENERAL FUND, AND APPROPRIATING $12,870 FROM THE EXCESS TRANSPORTATION REVENUES FOR BUS PAYMENTS was read by the city clerk Councilman Behrendt moved to adopt Ordinance #16, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. ORDINANCE ~17, SERIES OF 1978 - Appropriations, General Fund Ordinance ~17 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance #17, Series of 1978, seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #17 (Series of 1978) i Ordinance #17 AN ORDINANCE MAK~NG~A SUPPLEMENTAL .APPROPRIATION FROM UNAPPROPRIATED CURRENT YEAR TRANSFERS AND PRIOR YEAR UNAPPROPRIATED GENERAL FUND SURPLUS IN THE AMOUNT OF $70,600 was read by the city clerk Councilman Behrendt moved to adopt Ordinance #17, Series of 1978, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Van Ness, aye; Behrendt, aye; Parry, aye; Isaac, aye; Mayor Standley, aye. ~11 in favor, motion carried. Regular Meeting Aspen ul~y ~ouncl± June CONSENT TO ASSIGN EASEMENT - Aspen Skiing Corporation to Twentieth Century Fox Consent to Assign Easement Mayor Standley handed the meeting over to Councilman Behrendt because of a conflict of interest. City Attorney Nuttall stated she had no problems with this consent. Tom RichardsOn, Aspen Skiing Corporation, put up maps to illustrate these easements. Richardson explained that in 1971 the Ski Corp and City made an agreement whereby the Ski Corp gave the City five areas amounting to pretty close to an acre. For that the City vacated the alley between Summit street. The Ski Corp obtained 1300 square feet from the City on which to locate Lift lA. The easement agreement of 1971 states it shall not be assigned or transferred without consent of the City of Aspen. Richardson said he is asking the City to consent to assignment because the Ski Corp is being bought by Twentiether Century Fox. Councilman Parry moved to approve the consent to assign easement; seconded by Councilman Isaac. All in favor, motion Carried. ORDINANCE ~14, SERIES OF 1978 - Prohibiting Certain Devices upon Sidewalks Ordinance ~14 ~Councilman Isaac moved tO read ~Ordinance ~14, Series of 1978; seconded by Councilman Van Ness. Councilman Behrendt said he had spoken to skateboarding groups, and they strongly support this and think it is a good idea. Ms. Nuttall pointed out the mall area was not included in this ordinance and would have to be done separately. Council suggested adding mall to this ordinance. Councilman Isaac moved to read Ordinance #14, Series of 1978, as amended; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE 914 (Series of 1978) Ordinance ~14 AN ORDINANCE PROHIBITING MOTORIZED VEHICLES AND BICYCLES UPON SIDEWALKS AND MALLS AND PROHIBITING SKATEBOARDS UPON SIDEWALKS AND MALLS IN THE C1 AND CC ZONING DISTRICT was read by the city clerk Councilman Parry moved to adopt Ordinance 914, Series of 1978, on first reading; seconded by Councilman Van Ness. Roll call vote; CoUncilmembers Isaac, aye; Van Ness, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. CITY MANAGER Ci%¥ Manager 1. Police Budget. Mahoney told Council he had been trying to figure out what to do abou~ the budget in the police department. They plan to make a request for $28,000 and will try to rationalize this through past budgets. At budget time, the Council approved a total of $450,000 rather than approving line items. Mahoney said he would go back and work numbers to line items. 2. Aspen One Report. Mahoney told Council he, Ms. Nuttall, Ms. Smith had been meeting with Dick Meeker and Jim Moll±ca to try to build a trade for the Aspen One property. The City owns some lots north of the golf course; this land is zoned P, park. The land the City owns on the east side is not subdivided. Mahoney said he estimated each lot is approximately $100,000. The City also owns some land at the head of Mill street. Council said they did not want to sell these. Mahoney told Council he would keep working on this. ORDINANCE ~10, SERIES OF 1978 - Growth Management Amendment - Commercial Allocations Ordinance ~10 Councilman Behrendt moved to read Ordinance #10, Series of 1978; seconded by Councilman Parry. All .in favor, motion carried. ORDINANCE #10 (Series of 1978) AN ORDINANCE AMENDING SEC. 24-10.5(c) OF ORDINANCE NO. 48 (SERIES OF 1977) BY DELETING THE REQUIREMENT THAT APPLICATIONS NOT RECEIVING A MINIMUM OF 30% OF THE POINTS AVAILABLE UNDER SECTION 24-10.5(b)(3) SHALL NO LONGER BE CONSIDERED FOR A DEVELOPMENT ALLOTMENT was read by the city clerk Ms. Smith explained to Council the rationale for the provision of getting 60 per cent of the points or 30 per cent in every category was to insure quality. This provision works well with residential but does not work when talking about commercial space for a small addition to a building. These small additions cannot provide commercial support facilities like employee housing and professional offices, and therefore cannot get an allocation. Councilman Isaac disagreed with the way this ordinance is contructed. Councilman Isaac said he felt the growth management ordinance should not be amended piecemeal. Ms. Smith reminded Council that two projects had waived their appeal process based on the fact that Council would pass this ordinance so that they could do their remodel. Councilman Behrendt moved to adopt on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Isaac, nay; Van Ness, aye; Behrendt, nay; Mayor Standley, aye. Motion carried. ORDINANCE ~18, SERIES OF 1978 - Amendment to Condominiumization Policy Ordinance #18 Councilman Isaac moved to read Ordinance #18, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. Regular Meeting Aspen ORDINANCE #18 Ordinance ~18 (Series of 1978) AN ORDINANCE AMENDING SEC. 20-22 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY (1) THE ADDITION OF (c) (5) WHICH PROVIDES AN ADDITIONAL CRITERIA TO BE CONSIDERED IN DETERMINING WHETHER APPROVAL WILL REDUCE THE SUPPLY OF LOW AND MODERATE INCOME HOUSING AND (2) THE ADDITION OF SUB- SECTION (d) WHICH REQUIRES THAT, IF SUBDIVISION APPROVAL IS GRANTED, THE CONDOMINIUMS SHALL BE REGISTERED WITH THE HOUSING AUTHORITY was read by the city clerk Councilman Parry pointed out this eliminates housing for someone who moves to town to work for the City, County or anyone by the caluse that someone has to be employed in Pitkin County for 8 months. Councilman Van Ness stated he felt this was unconstitutional. Ms. Nuttall said she had significants doubts. Councilman Van Ness moved to table Ordinance #18, Series of 1978; seconded by Councilman Isaac. Councilman Isaac said he would like to have a meeting as the housing authority with the housing director. All in favor, motion carried. ORDINANCE ~19, SERIES OF 1978 - Araendment to Zoning Code to Permit Single Family and Ordinance 919 Duplexes in L-2 zone Councilman Isaac moved to read Ordinance #19, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~19 (Series of 1978) AN ORDINANCE AMENDING SEC. 24-3.2(1) BY THE ADDITION OF SINGLE-FAMILY AND DUPLEX RESIDENCES IN THE L-2 ZONING DISTRICT AS PERMITTED USES, AND (2) BY DELETING AND RE-ENACTING THE INTENTION OF THE L~2 DISTRICT ADDING TOURIST ORIENTED SINGLE FAMILY AND DUPLEX UNITS was read by the city clerk Mayor Standley asked if the CoUncil wanted single family and duplexes to have tourist uses; it is the antithesis of why people live in this community. Councilman Parry pointed out this is allowing less density. Mayor Standley said he would rather see the tourist zone size reduced. Councilman Van Ness moved to adopt Ordinance #19, Series of 1978, on first reading; seconded by Councilman Parry. Roll call vote; Councitmembers Isaac, aye; Van Ness, aye; Behrendt, aye; Parry, aye; Mayor Standley, nay. Motion carried. ORDINANCE #20, SERIES OF 1978 - Waterline Extension - Goldsmith Ordinance ~20 ~ Councilman Parry moved to read Ordinance #20, Series of 1978, seconded by Councilman Isaac. Ali. 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 Parry moved to adopt on first reading Ordinance 920, Series of 1978; seconded by Councilman Behrendt. City Attorney Nuttall pointed out the City Charter requires that water line extensions outside City boundaries requires approval by ordinance. Roll call vote; Councilman Parry, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~21, SERIES OF 1978 - Waterline Extension - Droste Ordinance ~21 Councilman Parry moved to table Ordinance ~21, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #22, SERIES OF 1978 - Appropriations for Water Tank Ordinance ~22 Councilman Parry moved to read Ordinance #22, Series of 1978; seconded by Councilman Isaac. Mayor Standley told Council the Ski Corp would be paying a plant investment fee for their operation. Ms Nuttall stated the City is coming out nicely. The City and Ski Corp will renegotiate the old agreements, and they will be substantially the same. All in favor, motion carried. ORDINANCE ~22 (Series of 1978) AN ORDINANCE APPROPRIATING $125,000 FROM ANTICIPATED CURRENT YEAR PLANT INVESTMENT FEES IN THE WATER FUND FOR THE PURPOSE OF ACQUIRING LAND FOR A TREATED WATER STORAGE TANK was read by the city clerk Councilman Parry moved to adopt ordinance #22, Series of 1978, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Isaac, ~. aye; Van Ness, aye; Mayor Standley,~aye. Motion carried. ORDINANCE ~23, SERIES OF 1978 Appropriations from seventh penny Ordinance ~23 Councilman Behrendt moved to table until Council has more information on this appropriation; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry moved to adjourn at 9:40 p.m. seconded by Councilman Isaac. All in favor, motion carried. Ka{hryn ~ Koch, Ci{y Clerk