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HomeMy WebLinkAboutminutes.council.19780508 R~gular Meeting Aspen City Council May 8, 1978 Mayor Standley called the joint meeting to order at 4:15 p.m. with Commissioners Child, Kinsley, Edwards, Councilmembers Behrendt, Van Ness, and Johnston present. Also present City Manager Mahoney, County Manager Ochs, and County Attorney Stuller. 1. 208 Water Quality Management Plan. Ms. Smith, planning office, told the Boards she had received a call late Friday extending the deadline for comment to June. This can be !208 Water Qualityr put off until May 22 agenda. Ms. Smith suggested Phil Overender come and show maps and Management plna data base used in conjunction with this report. Ms. Smith said it is hard for the planning tabled officer to comment on the usefulness of this report. The Boards suggested that Tom Glass also be asked to the discussion. Councilwoman Johnston moved to table this item until May 22 meeting; seconded by Commiss- ioner Kinsley. All in favor, motion carried. 2. Addendum to Land Treatment. Informational item only - snowmaking at Buttermilk can be added to the Wright-McLaughlin study at no extra cost. 3. Bus Agreement with Ski Corporation. H. Jo Stalf told the Boards he had an agreement that management was happy with, but the attorneys have not yet reviewed it. Stalf requested a special meeting as they are behind the deadline for ordering the buses, iBus Agreement with Stalf pointed out this agreement is basically the same as the last one. The agreement islSki Corp modeled after the agreement for the Buttermilk buses passed two weeks ago. There will be four agreements; (1) City - Ski Corp to run Buttermilk buses, (2) City - Skil! Corp for Snowmass buses, (3) City - Ski Corp for Buttermilk bus barn and (4) City and Coun~ for County to run Snowmass operation on a year-to-year basis. Jim Adams said they had had a chance to talk to Friedl Pfeiffer, With whom they have a lease for the parking lot, il but they will, and ask if they can have intercept and summer parking both. Stalf told theli Boards the agreement on the bus barn is $50 per year for three years. If the County does not get an UMTA funded facility, after three years it will cost the City $3,000 a year. The only change is the Ski Corp requested instead of paying $400,000 on November 15th to pay in three payments, November, December and January. Councilwoman Johnston asked if there would be a lot of buses sitting around in the summer. Stalf said there would be 5 on the Maroon Creek run, 2 for the music festival, some for back up. There will be 7 8 sitting around. Stalf said in the agreement it is the responsibility of the City and County jointly to obtain a PUC waiver. Mayor Standley stated the timing on ordering the buses is important. The Boards agree to agree in concept; they can okay the purchase orders and then have the contract distributed at the May 22 meeting. Stalf pointed out the first payment on these buses is not due until November. Adams said the Ski Corp had until December 15 before they get in high gear and need all the buses. They should be able to come up with 9 buses if the bus order is a few weeks late. Councilman Behrendt moved for H. J. Stalf to go ahead and prepare an order and submit an order for 20 new Bluebird buses; seconded by Councilman Van Ness. All in favor, motion carried. 4. North Star Ranch Resource Inventory. Mark Fuller told the Boards that he i~ trying to. get some ~start up money for a detailed inventory of the North Star Ranch. It was decided at two public meetings that the area should be preserved in its present condition as much North S~r Ranch as possible. In order to do this, the area should be inventoried. A committee has been inventory . ~egu±ar Meeting Aspen ~lty ~ouncl£ May formed to do this with a budget of $2600. Fuller requested the City and County to fund half of this; they will raise the other half. Mayor Standley asked what the status of purchasing the ranch is. Ms. Smith said this was not even considered for funding in the April review, but they have been given a chance to come back for funding on June 1 with a revised request if the planning office asks for a maximum of $75,000. Ms. Smith said ~ she would reconstitute the application to a phased project. Mayor Standley said to spend money for this study would be a little premature until they have the land. Ms. Smith pointed out in her discussions with the State Parks and Rec Board they were very impressed by the fact the local government were doing an inventory and participating in the review of the ranch. This would increase the chances for funding. Mayor Standley suggested transferring funds from one project to another that is already appropriated. The City has $40,000 grant from the BOR for a land purchase; perhaps this could be used for the North Star Ranch. Councilman Behrendt moved the City appropriate $650 for this; seconded by Councilwoman il Johnston. All in faVor, motion carried. Commissioner Child moved to authorize an expenditure of $650; seconded by Commissioner Kinsley. All in favor, motion carried. 1980 Census 5. A-95 Review: 1980 Block Statistics. Mayor Standley reminded Council the City has Block Statistics already put up the money and approved the block statistics. Councilwoman Johnston moved to forward with favorable comment; seconded by Councilman Behrendt. All in favor, motion carried. 6. Citizen Participation, Commissioner Michael Kinsley told the Boards the Commissioners have a proposal from Bill Animal Fees Grikis, Humane Officer, to change the license fees and period of shots. The proposal and fines would be $20 for non-neutered dogs and $2 for neutered dogs. The fines for dogs without change a license would be $10 for neutered and $20 for non-neutered. The frequency for the shots would be once every two years rather than every one year. The Commissioners have scheduledi a public hearing for June 12 and asked if the Council would like to participate. It was decided to hav~ a joint public hearing that date at 4 p.m. COUNCIL MEETING MINUTES Councilwoman Johnston moved to approve the minutes of April 24; seconded bY Councilman Van Ness. All in favor, motion carried. ACCOUNTS PAYABLE They were not presented. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Mayor Standley said the Ute Avenue bike path has been destroyed by a big truck driving Bike Paths down it. This was a contractor for the Sanitation district. Mayor Standley told Council he had received a note from the engineering department, and this will be taken care of. 2. Mayor Standley requested that before the City starts building the golf course and Bike Paths tearing up the bike path, that they make a new bike path out there. City Manager Mahoney said the County had. put the grade and the road base down on the path that has recently been staked. The location is in with the road base; the City has put money aside in the golf course so that the black top can go on it. Mayor Standley reminded Council the agree- ment is that the County takes care of the bike paths and the City takes care of Parks. ~ 3. Mayor Standley asked if everyone had gotten a letter from the Mall Commission asking Mall Commissionthat Nancy Snell be thrown off for lack of attendance. Mayor Standley asked if anyone attendance were interested in having Ms. Snell removed. No one was. 4. Mayor Standley told Council there was a Colorado water Congress meeting at Vail June 22 and 23; the City is a member of this organization. Mayor Standley had registration cards for anyone interested in attending. i~ RESTAURANT EXTENSION INTO THE MALL - Paragon ~ Tom Dunlop gave the Council a memorandum stating the problems have been cleaned up. Council- Restaurant Extension int0~ man Behrendt asked why they had to have their front windows open when the sound system is Mall - i~ going full blast and into the mall, and if it were possible for Council to ask that they Paragon ~ keep these windows closed, Dunlop pointed out the City could ask that only if they were violating the noise level law. If they exceeded the decibel level for the zoning they are in, they would be ordered to reduce the volume. The law is enforced on a complaint basis. Mayor Standley pointed out the City is giving the Paragon a special privelege. If they choose to enter into this agreement, they would have to agree to the City's stipulation. ~ Councilwoman Johnston said she had a problem having them close their windows in the summer ~ because of circulation. ~ Councilman Behrendt moved the Council approve the restaurant extension into the mall and request the Parag6n be subject to a stipulation that their front windows be maintained closed while music is on inside. Motion died for lack of a second Regular Meeting Aspen City Council May 8, 1978 CoUncilwoman Johnston moved that the lease agreement be subject to the Paragon not having loud speakers at the front of the Paragon directed at the mall. Motion died for lack of a second. Councilman Van Ness moved that if the Paragon exceed state statute decibel level, their lease can be cancelled- seconded by Councilwoman Johnston. All in favor, motion carried. ' Mayor Standley asked the city Clerk to make sure the Paragon was reporting their percen- tage of food sales to the City. SPECIAL EVENT PERMIT - Aspen Leaves/Aspen Center for Environmental Studies Mayor Standley told Council this is a request for a liquor license for July 9 from 6 to Special Event 9 p.m. It will be held in Mrs. Paepcke's garden and will be a benefit for Aspen Leaves Permit- Aspen Leaves/ and ACES. ACES Councilman Behendt moved to approve the special event permit for July 9; seconded by Councilman Van Ness. All in favor, motion carried. Council asked that the special event on Sundays be checked out. CHAMBER PICNICI- Request for use of Plum Tree Jeri Fox reminded Council last year the Chamber had a picnic at the Plum Tree and they would like to do it again on June 3. They would like to use the golf course, tennis 'Use of Plum Tree courts and ball field. If there is no golf course, they would like to use the putting Chamber Picnic green and driving range. Councilman Behrendt moved to let the Chamber of Commerce use the Plum Tree on June 3; seconded by Councilman Van Ness. All in favor, motion carried. IDCA BUS REQUEST Mayor Standley told Council this is the same request for bus service as in years past, ~ Bus Request bus service to the tent, and for the tours. There will be no picnic this year. IDCA Councilman Behrendt moved to instruct H. J. Stalf to work this out with the IDCA; seconded by Councilwoman Johnston. All in favor, motion carried. WHEELER OPERA HOUSE COVENANT Councilman Behrendt asked if these covenants were terribly constraining. Jenifer Carr told Council these have to be signed for the $35,000. The restrictions are if the City Wheeler Opera were to decide to divest itself of the Wheeler, The Colorado Historical Society has first ~House covenants right of refusal. If the City were unable to maintain or operate, the Colorado Historica~ Society would take over. Finance Director Butterbaugh said she had problems with parts, such as the City is the contractor with the Historical Society and any contract over $10,000 requires the contractor to be bonded. The contractor has to pay minimum wages, all advertisements have to meet with non-discriminatory terms, etc. ~4s. Butterbaugh said she would feel more comfortable if the staff looked this over. Councilman Behrendt moved to table this item until the meeting May 22 and have the staff review; seconded by Councilwoman Johnston. All in favor, motion carried. Councilman Parry came in. GROWTH MANAGEMENT CONSIDERATIONS Growth Management 1. Residential and Lodging Allocation Resolution. Joe Wells, planning office, had considerations submitted a memorandum to Council clarifying these allocations. For these allocations, they are using 1977, 1978, part of 1979, part of 1980 and part of 1981. Mayor Standley '.Residential and questioned how far into the future can be borrowed against. Mayor Standley said he would Lodging Allocations like to have the city attorney prepare a resolution saying that no allotment over a cer- tain period can occur. If the allotments borrow up to 1981, then there is no borrowing until 1981. City Attorney Nuttall pointed out there are a number of loose ends in the GMP that will have to be cleaned up. Councilman Van Ness moved to read Resolution #11, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Johnston said the Council must address the point of previously built single family residences, which should be counted against the allotment. Ms. Smith reminded Council there was an administrative delay through 1977 and to have counted the 1976 develr opment against 1977 was thought to be unfair. Ms. Smith stated the 1977-78 allotment was 54, consisting of 39 and 39 minus 24 build out on already subdivided lots in the first 9 months of 1977. There were 22 units built out after that. One way of dealing with this discrepancy is to count the remainder in 1977 and subtract from following year's quota. The Council could subtract 7 per year from the quota for 1979, 1980, and 1981 from the ~ 39. Ms. Smith pointed out the 20 per cent bonus the Council can allow, which is 11 units, will be subtracted from following years and is also spread over three years. If the bonus is allowed, there will be 28 units allocated in 1979. Councilman Behrendt questioned the result of the employee units in lodging being exempted from the GMP. Ms. Smith explained that the employee units are counted as one lodge unit, the quota is reduced by that amount plus the excess approved over the allotment. The future year's allotment wili be reduced to zero by counting it against the total build out. Mayor Standley pointed out if Council asked the city attorney to draft an ordinance not allowing to borrow more than two years, the net effect would be for the next two years there would be absolutely no lodge units built in Aspen. ~=~u~ lv~e~ng Aspen City Council May 8, 1978 Councilwoman Johnston said she felt Resolution #11 was in opposition to the GM ordinance which states the Council has to take the build out from the year before. This will be going over the quota. Councilwoman Johnston read from the Ordinance which says there will be an annual report of construction and these totals shall be deducted from the quota of Growth m~nage-~ allowable units for succeeding years, Sec. 24-10.2. Councilwoman Johnston pointed out that everytlme a subdivision exemption has come up, these have been counted against the siderations quota. Ms. Smith said the planning office had relied on 24-10.5~b), that the building inspector make the report no later than October 1 each year. Ms. Smith said the Council could subtract this 22 unit build out from 39 allowable plus 15 allowable and figure the 20 per cent bonus, or in this special year Council could carry the 22 to 1979, 80 and 81 and reduce the quotas in those years. Mayor Standley said he would like to go for the latter option because there is a lot of employee housing coming up and the City may not get a chance at this again. Then Council could refer an ordinance to P & Z which says you cannot borrow more than two years in advance. Councilwoman Johnston said the resolution should be rewritten before being read stating the additional units will be borrowed against in 1979-80. Councilwoman Johnstn moved to read Resolution ~11, Series of 1978, as amended; seconded by Councilman Behrendt. All in favor, motion carried. RESOLUTION NO. 11 (Series of 1978) Reso. 11,1978 WHEREAS, in accordance with Ordinance No. 48, Series of 1977, February 1, Lodging and 1978, was established as a deadline for submission of 1978 applications for Residential residential, lodging and commercial development within the City of Aspen, and WHEREAS, in response to this ordinance, seven residential projects and two lodging projects were submitted for a total of 99 residential units and 44 lodging units, and WHEREAS, a duly noticed public hearing was conducted on March 14, 1978, byu the Aspen Planning and Zoning Commission, to consider the Growth Management applications and evaluate and score these applications in conformance with criteria established in Ordinance 48, Series of 1977, and WHEREAS, the planning commission did evaluate, rank and score the projects submitted in the following order: RESIDENTIAL SECTION RESULTS W Bonus W/O Bonus 1. Top of Mill 26 units ~-~-.0 44.8 2. Park Central West 10 units 42.6 39.6 3. 500 S. Galena, 925 Durant 29 units 40.4 38.0 4. Andre Ulrych 6 studios 39.2 36.8 5. Goodnough Apartments 9 units 36.2 35.4 6. Van Horn Subdivision 12 units 32.3 31.2 7. Cooper & Original 7 units 25.2 24.6 LODGING SECTION RESULTS 1. Aspen Inn 36 units 50.6 48.6 2. Mountain Chalet 8 units 41.0 40.6 and, WHEREAS, the Aspen City Council did consider appeals at a special meeting on April 25, 1978, and~ as provided in Section 24-10.4(f), Ordinance 48, Series of 1977 did amend the points awarded as follows: RESIDENTIAL SECTION Without Bonus 1. Top of Mill 44.8 (same) 2. Park Central West 39.8 3. 500 S. Galena, 925 Durant 39.6 4. Andre Ulrych 38.8 5. Goodnough Apartments 37.2 6. Van Horn Subdivision 33.0 7. Cooper & Original 24.0 LODGING SECTION 1. Aspen Inn 48.6 (same) 2. Mountain Chalet 40.6 (same) and, WHEREAS, p~rsuant to Section 24-10.4(c) and Section 24-10.6(c), The Top of Mill, Park Central West, and 500 S. Galena, 925 Durant are eteigible for residential allotments and Aspen Inn and Mountain Chalet are eligible for lodge allotments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. Council hereby authorizes construction in excess of the 54 dwelling unit allotment for 1977 and 1978 in accordance with Section 24-10.3(a) which authorizes an increase in the development allotment by as much as 20 per cent for a total of 65 units. Council awards this extra quota on the grounds that significant employee housing will be achieved by awarding allotments to the three eligible projects. 2. Residential development allotments are hereby awarded to the Top of Mill (26 units), Park Central West (10 units) and 500 S. Galena, 925 Durant (29) units for a total of 65 units and each of these projects is authorized to proceed further with additional approvals needed by the City before building permits will be secured. Regular Meeting ~spen ~±Ly ~uu~ux~ ~'~3 v, 3. The difference between the 65 units approved under the 20 per cent quota excess and the 54 unit allotment for 1977/78 or 33 units shall be · offset by a reduction in the allotments over the next three years as follows: a. The allotment for 1979 shall be reduced by 12 or reduced from 39 to 27 b. The allotment for 1980 shall be reduced by 12 or reduced from 39 to 27 c. The allotment for 1981 shall be reduced by 9 or reduced from 39 to 30. Lodging Section 1. Council hereby authorizes construction in excess of the 36 lodge unit allotment for 1977 and 1978 in accordance with Section 24-10.3(a) which authorizes an increase in the lodge development allotment bY as much as 33 per cent, or up to 47 units. 2. Lodge development allotments are hereby awarded to the Aspen Inn (36 units) and the Mountain Chalet (8 units) for a ~otal of 44 units. 3. That the 32 employee units (Aspen Inn = 24; Mountain Chalet = 8) proposed as a matter of FAR bonus in the lodging districts be exempted from the Growth Management Plan as is provided for in Ordinance ~48. 4. Given the 8 lodge unit excess and 32 employee unit bonus, Council hereby reduced the 18 unit allotment available in 1979 to zero, and the 1980 18 unit allotment to zero, and reduced the 1981 allotment to 14. 5. That the Aspen Inn project and Mountain Chalet shall be phased as represented in their application and that the first phase of both projects may apply for any further approvals needed by the City to secure building !iGrowthManagement permits, i!considerations AND BE IT FURTHER RESOLVED by the City Council that it hereby directs the Planning Office to propose amendments to Ordinance No. 48 to deal with recognized flaws in the workings of the ordinance all as mentioned in the Planning and Zoning Commission Resolution. Councilman Behrendt moved to adopt Resolution #11, Series of 1978, as amended; seconded by Councilman Van Ness. All in favor, motion carried. 2. Commercial Allotment. This is to consider the commercial allotment for Tom Thumb building, the Hutch, and La TortUe. Mayor Standley stated he would allow 10 minutes for the proponent to make a presentation to Council, and 10 minutes of discussions. Council- Cor~mercial woman. Johnston said she understood the planning office feels the best way to solve the 'Allotment problem is to draft a new ordinance taking care of the small operations that can in no way come to the points. Two of the commercial projects are very small. Mayor Standley pointed out these two were 576 and 608 square feet. Ms. Smith told Council that to deal with this immediate problem, the planning office had asked the city attorney to draft an special ordinance that would amend Ordinance 48 to drop the requirement under the community commercial service category, that all projects must receive 30 per cent of that category. These two small projects received. 30 per cent of each category except community commercial services - points for employee housing and professional services. Ms. Smith said should Council pass this ordinance, No. 10, then they could amend this resolution and allocate development to those other two projects. Councilman Behrendt moved to waive the appeal process on the Hutch and La Tortue acknowledging the Council intends to adopt Ordinance ~10 so that resolution ~12 can be amended to allow Hutch and La Tortue to make development; seconded by Councilwoman'Johns- ton. City Attorney Nuttall pointed out the applicants should waive the right to protest not Council. The motion was amended to delete Council waiving the applicant's right to appeal. Ail in favor, motion carried. Councilwoman Johnston moved to read Resolution ~12, Series of 1978; seconded by Council- man Parry. Ail in favor, motion carried. RESOLUTION NO. 12 (Series of 1978) iiRe~o. 12, 1978 WHEREAS, in accordance with Ordinance No. 48, Series of 1977, February 1, Con~rcial 1978, was established as a deadline for submission of 1978 applications for residential, lodging and commercial development within the City of Aspen, and WHEREAS, in response to this ordinance thr~e commercial projects were submitted for a total of 6,639 square feet of commercial space within the 24,000 square feet of commercial space available in 1978, and WHEREAS, duly noticed public hearings were conducted before the Aspen Historic Preservation Commission on March 14, 1978, and before the Planning and Zoning Commission on ApriI 18, 1978, to consider the Growth Management applications and evaluate and score these applications in conformance with criteria established in Ordinance No. 48, Series of 1977, and WHEREAS, the Planning and Zoning Commission did by resolution evaluate, rank, and score the projects submitted in the following order: Total Total P&Z~Average HPC~vera~e W/O Bonus Bonus W/Bonus 1. Tom Thumb Building - 5455 sq.ft 18.52 13.4 31.92 4.9 36.82 2. The Hutch 576 sq.ft 12.42 6.6 19.02 2.18 21.02 3. La Tortue 608 sq.ft 10.62 6.7 17.32 .56 17.88 and. RegUlar Meeting Aspen City Council May 8~ 1~78 WHEREAS, the Aspen City Council did consider appeals at their May 8, 1978, meeting and as provided in Section 24-10.5(e) Ordinance No. 48, Series of 1977, did amend the points awarded to the two protesting applicants as follows: W/O Bonus 1. Tom Thumb 2. The Hutch 3. La Tortue and, WHEREAS, the Hutch and La Tortue did not achieve either a minimum of 60 per cent of the total available 36 points or 30 per cent of each category, and, therefore, in accordance with Section 24-10.5(c), are not eligible for development allotment. NOW, THEREFORE, BE IT RESOLVED that the Aspen City Council hereby allocates commercial development allotment in the amount of 5455 square feet to the Tom Thumb building application in the year 1978 and that this project is authorized to proceed further with any additional approvals needed by the City of Aspen to secure building permits. AND BE IT FURTHER RESOLVED THAT: 1. City Council recognizes the unanticipated discriminatory effect that Ordinance No. 48 has on small projects and small additions and, pursuant to the recommendations of the Aspen Planning and Zoning Commission hereby directs the City Attorney and Planning Office to draft a special ordinance that would amend Ordinance No. 48 to delete the requirements that projects must receive 30 per cent of the total points in the category of communicty commercial services. 2. Council will reconsider the Hutch and La Tortue for development allot- ments when and if such ordinance is adopted. 3. That the unused 1978 allotment of 18,545 square feet and the unused 1977 allotment of 6215 square feet, for a total of 24,760 square feet be carried over to 1979 for possible distribution at that (or a later) time, unless Ordinance No. 48 is amended before 1979 revising the carryover provisions. It is also noted that, should the Hutch and La Tortue applications be approved, that the carry over allotment will be reduced by the equivalent amount. 4. Council hereby directs the Planning Officer to propose amendments to Ordinance No. 48 to the Planning and Zoning Commission including alternative means of dealing with the discriminatory effect of the ordinance on small projects and more definitive criteria for architectural design, site design and amenities among others. Councilman Van Ness moved to adopt Resolution #12, Series of 1978; seconded by Councilman Parry. all in favor, motion carried. SUBDIVISION EXEMPTION - Kopf Richard Grice, planning office, told Council this is a request to create a separate 6,000 Subdivision square foot lot out of five city lots. The applicants is requesting approval to separate Exemption .lots 0 and P, Block 56, from lots Q, R, and S where their house is located. This is in ~opf the R-6 district and both lots would be fully conforming. Grice told Council this was coming in under Ordinance #3,1978, which allows a lot split exemption from the GMP provided there was an existing dwelling and they were creating no more than two lots. The City Engineer has no problems with this. The P & Z recommended exemption from sub- division regulations subject to the payment of a park dedication fee, which would be required before building permit. Councilman Behrendt moved to approve the subdivision exemption; seconded by Councilman Parry. All in favor, motion carried. CONCEPTUAL SUBDIVISION - Arrowhead Karen Smith explained to Council this is a request for conceptual subdivision approval, and will result in the removal of two existing dwellings and the reconstruction of four Subdivision new dwelling units. For that reason it is exempt from the GMP but not from subdivision Conceptual regulations. This project did go to P & Z and received their approval. The city engineer Arrowhead has problems with the alley access and parking. The engineer is requesting that the tabled engineering changes be a condition of approval. Ms. Smith brought up Ordinance #53 and the employee housing impact. Mark Danielson, housing office did substantial research and there are employees housed on this site. Danielson advised against condominiumization because there was no firm commitment to employee housing. Reconfiguring the units was suggested to provide for employee units rather than four large free market units. P & Z's thinking was that they could address this at the preliminary stage. Ms. Smith pointed out that Ordinance #53 does require housing be addressed in the first phase of approvals. Danielson stated there would be employee displacement in two if not three of the units. Danielson stated there would probably be tenant displacement from the point of view of high price paid for the land so that the investor could cover his costs. Ms. Smith stated the attorney for the applicant was not present and would like this tabled to May 22. Councilman Van Ness moved to table this item until May 22; seconded by Councilman Parry. Councilman Behrendt suggested that Albie Kern be advised of Council's concerns before the next meeting. All in favor, motion carried. ORDINANCE #8, SERIES OF 1978 - Park Dedication Refunds Mayor Stanldey opened the public hearing. There were no comments. Mayor Standley closed Ord. 8, 1978 the public hearing. Park Dedica- tion refunds Councilman Behrendt moved to ~ead Ordinance #8, Series of 1978; seconded by Councilman Parry. All in favor, i~ ~!~e~oH of Councilwoman Johnston. Motion carried. Regular Meeting Aspen ~ty ~ouncll may ORDINANCE 98 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION OF $120,000 FROM UNEXPENDED PRIOR YEAR SURPLUS FOR THE PURPOSE OF MAKING CERTAIN REFUNDS OF PARK DEDICATION FEES was read by the city clerk. Councilman Parry moved to adopt Ordinance ~8, Series of 1978; seconded by Councilman Van Ness. Roll call vote; Councilmembers Behrendt, aye; Van Ness, aye; Johnston, nay; Parry, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Fireworks. City Manager Mahoney told Council the Chief of the Fire Deparmtent requested Mahoney bring to CouDcil the program of fireworks on Fourth of July. A lot~ef people in the fire department do not want to put on the fireworks. Mayor Standley said Fireworks the Council made a strong statement about not wanting to have any Fourth of July activities. The Council did not want to have a firework display. Last year at budget time, the Council did not budget for fireworks. 2. Fence at Cap's. Mahoney told Council he had worked out a deal with Cap's where everybody will benefit; the City will benefit as much as Cap's.by the land trade. · Mahoney recommended Council allow the City to enter into an agreement with Cap's. Fence at ~p ' s Auto Councilwoman Johnston moved to approve the encroachment with the three standard items; seconded by Councilman Van Ness. All in favor, motion carried. 3. Lakeview Property. Mahoney reminded Council they request he report back on the house on this property. Clayton Meyring, building inspector, and Mahoney looked at the property. The house has been piecemealed and added on to and probably does not meet the i~Lakeview :Propety building codes. Mahoney said this house cannot be moved. The P & Z has said there only ~(Switching be one building on the land, plus the covenant on the land from the previous owner. Mahoney told Council he had made an arrangement with the tenant she could stay there Station) until the first of August when the building would be torn down. 4. Independence Square. Mahoney said he had been receiving requests to continue to look at the Sinclair station site. Based on this, Mahoney has asked for an appraisal, both on the land and on the value of the lease. Mahoney told Council the adjacent Independence property owner was also interested; he would like to build windows on the property to_ the north - Andre's at the Eagle's building. City Attorney Nuttall pointed out the build-Scab-are (Sinclair ing code does not permit windows if the building is on the property line. Mayor Standley Proper~y) said the original building has windows on this side. Andre Ulrych told Council if the City would be interested in negotiating with Mr. Volk in terms of purchasing that corner, Ulrych would put together a way he could purchase this or work with the City. Ulrych said he would like to be allowed to build a limited building where the Sinclair station is in order to recoup his investment on the lot. The majority of the lot would be open space. Ulrych said he would like a building that would look continuous with the Eagle's building. Mayor Standley suggested the City would have to re-purchase part of the land from Andre for open space. This split of the cost would take some financial stress off the City. Ulrych pointed out this corner has always been a crucial part of any mall extension. In renovating the Eagle's building, the blank wall is an eyesore. Ulrych plans to restore the Eagle's building to its original state as much as possible. Ulrych would like to do something about the building and the land at this point rather than coming in later. Mayor Standley pointed out if Andre buys this land, he has a common property line and there would not be a problem with the building code and the windows. Mayor Standley said if the City gets the land under their control, it would be an impetus to get the mall expanded. Andre said he would be willing to work with the City so that the City could get what they want out of the Sinclair property. Mahoney told the Council he would pursue negotiations for the purchase of this property. Ulrych said he was looking at a completion date in July for the Eagle's building and the move of Andre's. Ulrych had an engineering study done on the Eagle's building and it is fine. Ulrych said the the land were purchased and public property, he could then put windows on the south side of the building. REQUEST FOR ENCROACHMENT - Spring Street Associates Councilman Van Ness excused himself because he rents from Spring Street Associates. Tam Scott told Council this duplex would be 1300 square feet per unit at 1:1 FAR in the C-1 Request for zone. The encroachment request is for the front steps to the duplex; they will be rail- Encroachment road ties with concrete and landscaping. They will be a sidewalk 8 feet which will tie Spring ST. into the rest of the sidewalks. The building is planned right on the property line on ~ssociates the north side. When the City Engineer looked at this, he said if the City ever wanted .tabled its right-of-way for a bike trail or four-lane highway, the building would be without a legal entrance. Scott said they need an encroachment to put a physical structure in the City-owned right-of-way. Dave Ellis pointed out there is a distinct difference between the Playhouse encroachment and this building. The canopy of the theatre could be totally removed and not affect that structure. Ellis said the difference between the top and the proposed doorway entrance is 8 feet. If the City gives this encroachment, they cannot come back and remove the legal access except by condemnation. Ellis stated this is a public right-of- way and he feels the City should save it for the public. Ellis told Council the garage floor is essentially at grade from Main street. Scott showed Council a model of the proposed building and some drawings. 2401 Regular Meeting Aspen City Council May 8, 1978 Councilwoman Johnston said she felt that when someone was starting with bare ground, the codes could be adhered to without having to grant any encroachments. The building should be designed for the site. Councilwoman moved to deny the encroachment request; seconded by Councilman Parry. Councilman Parry pointed out every single building on this block is the same distance out and everyone has access to the street. Mayor Standley said he had a problem with the Council allowing an encroachment to allow a building that will be higher and of greater massing than the surrounding buildings to accommodate underground parking. The City Council should not be granting encroachments to make buildings more profitable. Councilwoman Johnston and Mayor Standley in favor; Councilmembers Behrendt and Parry opposed. Motion NOT carried. Councilman Behrendt moved to table pending approval by the various departments; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~10, SERIES OF 1978 - Amending Growth Management Plan City Attorney Nuttall said this is merely informational for Council to look at. This Ord. 10, 1978 ordinance will go to P & Z for their review before coming back to Council for first Amending reading. GMP ORDINANCE 911, SERIES OF 1978 - Appropriation for Holy Cross Land Acquisition Councilman Behrendt moved to read Ordinance 911, Series of 1978; seconded by Councilman Ord. 11,1978 Parry. All in favor, motion carried. Appropriation Holy Cross ORDINANCE NO. 11 land (Series of 1978) acquisition AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $100,000 FROM~PRIOR YEAR UNAPPt~OPRIATED SURPLUS ELECTRICAL DEPARTMENT FUNDS FOR THE PURPOSE OF HOLY CROSS LAND ACQUISITION was read by the city clerk Finance Director Butterbaugh suggested Council may want to hold title to this property in the general fund because it will be used for an arts center rather than an asset in the electric department. A transfer ordinance could be done at a later time. Mahoney told Council he was going to Glenwood to close this deal on Friday, May 12. The City will start collecting the franchise, and will take possession of the ground as soon as the trailer is removed. Councilwoman Johnston moved to adopt Ordinance #11, Series of 1978, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Behrendt, aye; Parry, aye; Johnston, aye; Van Ness, aye; Mayor Standley, aye. Mo/tion carried. ? Councilman Behrendt moved to adjourn at 7:15 p.m.; seconded by Councilman Parry. All in favor, motion carried. ~a~ t~er ,~CZC~] e rk