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HomeMy WebLinkAboutminutes.council.19780410 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley called the meeting to order at 4:20 p.m. with Commissioners Child, Kinsley, Edwards, Councilmembers Johnston, Parry, Behrendt, Isaac, and Van Ness present. Also present were City Manager ~fahoney, County Attorney Stuller and County Manager Ochs. 1. Mountain Rivers Abuse Task Force. Betty E~ickson introduced the new director, Michael Connolley, of Mountain Rivers Abuse Task Force. Connolley told the Boards there is a new staff as the Task Force. Connolley said they were going to do a public awareness Mountain Rivers campaign, talk to public organizations, and do a mailing with pamphlets. Connolley Abuse Task passed out the pamphlet. Connolley said they planned to work more closely with the Force Sheriff's Department and the Courts. Connolley feels that Mountain Rivers Abuse should be an alternative to jail, especially for the repeat offenders. Connolley stated one of the major problems is the distance; it is 60 miles from Aspen to the facility. They are working on a volunteer transportation network. Connolley said he would like to increase the number of residents using the facility by 1979. r 2. Runaway Youth Grant Program. Jenifer Carr told the Boards she had had a request from HEW to submit an application for a runaway youth program, which will fit in with the Runaway Youthi! $30,000 grant just approved. There will be no cash outlay on this, just in-kind services. Grant Program li Ms. Carr said she was just asking for approval to file the application. Councilman Parry moved to approve filing of the application; seconded by Councilman Isaac; all in favor, motion carried. 3. Ski Corp Bus Agreement. Mayor Standley said this is a City item, resulting in dis- cussions with the Ski Corp for the City contracting to do the bus service to Buttermilk. ~ The County does have some interest in this because the City rents the maintenance facility Bus Agre~nent!i from the County and because the City and County are working jointly on transportation in Ski Corp ;~ the valley. H. J. Stalf presented a draft agreement outlining basic costs, terms of service and equipment needed. The City of Aspen will maintain and operate the bus service for the Ski Corp from November until April. It will be a five year lease-purchase agreement. Stalf said he figured the costs at $9,000 per bus per year. During the summer these buses would be available for the Maroon Bells run. County Manager Ochs said the Ski Corp had mentioned to the County they may want to do the same things with the Snowmass bus service. Ochs said it would be important for the City to be in a lease arrangement because the County is planning to file another grant application with UMTA for additional buses. If the County purchases buses with UMTA money, the City can then forego their lease. Stalf said if the City were running the service, they would want to have some input into what kind of equipment was used. Ochs said there is no space available at the shops beyond what the City has right now. The County's bus system is cramped. Ochs said he would like to see an arrangement whereby the Ski Corp, City and County get together and develop some type of bus facility. Stalf said the City needs three additional bays 40 by 40, plus two additional parking spots. Commissioner Edwards said he had had Brian Stafford look at this proposal based on the County's costs. It would have to be $293 per bus per 9 hour day for the County to break even. Edwards suggested that Stalf and Stafford ought to get together. Edwards said it looked like at net deficit of $31,000 per year to o~rate the service according to the proposed contract. Edwards said he had heard rumors that the Ski Corp wants to get out of the bus business. At the end of five years, if the Ski Corp does not renew, then the governments will be taking over the service. Edwards said it looked to him like this was a transition mechanism by which the Ski Corp can dUZap the obligation on the general tax payer and increase their profits by it. Stalf pointed out there is no commitment that the City will have to take over the bus service after five years. Jim Adams, Ski Corp, stated the Corp had said publicly that they will probably pull out support of the Snowmass system when Snowmass is self-sufficient. Snowmass will be treated as a destination resort in the future. Adams said he did not see the Corp pulling support from the Buttermilk bus run. That is part of Aspen and part of the Corp's responsibility. Councilman Behrendt asked about the maintenance facilities. Stalf said he approach was that the value of the bus equipment in the summer to the County would be about $20,000. Councilwoman Johnston suggested that Stall and Stafford get together and go over the contract. Mayor Standley said he felt this was a good plan, a very responsive move in the direction the City and County said they would be moving. Councilman Isaac moved that the City consider the contract with the Ski Corp and to reach a bus agreement to Buttermilk; seconded by Councilman Parry. Council instructed Stalf to continue working with Ochs and Stafford. All in favor, motion carried. 4. Mellow Yellow/Citizen's Complaint. ~ayor Standley had included a letter in the packet explaining an over-charge by Mellow Yellow. Mayor Standley stated he has been told the same thing happens to other people. The City has had problems with Mellow Yellow up at Mellow Yellow Rubey Park. Councilman Van Ness said the PUC must have some regulations about this. complaint Mayor Standley said they do, and Mellow Yellow is violating PUC regulations. Mayor Standley asked if the City and County were willing to turnthis over to the PUC as opposed to letting citizens do it. Commissioner Edwards suggested accumulating all the complaints ~ that are available from the City, County and Chamber and filing a complaint in the County's name, if in fact a rate violation has occurred. Edwards asked that the City and County attorney look at the PUC rate regulations and compare this to the various complaints. Edwards said if these were proven, the County could terminate the lease. Councilman Van Ness said it was important to remember this could be individual drivers, not the company. Regular Meeting aspen ul~y uounc~± ~z±~ ~u, ~,o 5, Citizen Participation There were no comments. Mayor Standley pointed out this was the last week for planners Bill KaLe and John StanfOrd. The City and County have had resolutionsmade f~ both planners. Councilman Behrendt moved to put the resolutions on the agenda; seconded by Councilman Isaac. All in favor, motion carried. Councilman Parry moved to read Resolution ~7, Series of 1978; seconded by Councilman i!~so. 7, 1978 Isaac. All in favor, motion carried, ilCc~nending RESOLUTION #7 ~iBillKane (Series of 1978) WHEREAS William G. KaLe has served as planning director for the City of Aspen/Pitkin County planning dePartment since February 1975 until April 1978, and WHEREAS during that time William G. KaLe has served as planning director, he has been instrumental in developing innc~vative and effective community planning, including development of the growth management plan and the City~ounty public land acquisition program, and WHEREAS William G. Kane has proVided leadership and well-reasonsed advise to the City of Aspen regarding Aspen's future growth development and WHEREAS the City Council of the City of Aspen wishes to commend William G. KaLe for his contributions to the City NOW, THEREFORE BE IT RESOLVED THAT Bill KaLe is hereby commended by the City for his outstanding performance and integrity as planning director was read by Mayor Standley. Councilman Behrendt moved to approved Resolution 97, Series of 1978; seconded by Council-il man Parry. All in favor, motion carried. Councilwoman Johnston moved to read Resolution #6, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION ~6 !iR~so. 6, 1978 (Series of 1978) !iCo~mending WHEREAS, John s~anford has served as assistant planner for the Aspen/ John Stanford Pitkin County planning office from December 1973 until April 1978, and WHEREAS, while John Stanford has served as assistant planner, he has performed invaluable services including planning for the Wheeler Opera House renovation, and is instrumental in the designation of Aspen's historic district, and WHEREAS, the City Council of the City of Aspen wishes to commend John Stanford, NOW, THErefore be it resolved that John Stanford is hereby commended by the City Council, the City of Aspen, for his contributions and achievements while serving as assistant planner for the City of Aspen/Pitkin County planning department was read by Mayor Standley. Councilman Parry moved to adopt Resolution ~6, Series of 1978; seconded by Councilwoman Johnston. All'in favor, motion carried. The Board of County Commissioners read and approved resolutions of commendation for Bill KaLe and John Stanford. Bill Kane stated on behalf of Stanford and himself, they felt that despite some battles and disputes, this was the most open and honest local governmenti in the State of Colorado and probably in the western United States. COUNCIL MEETING MINUTES Councilwoman Johnston moved to approve the minutes of the March 27 meeting; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston commended the finance department on the new program they were puttin~ out. Councilwoman Johnston moved to approve the Accounts Payable; seconded by Councilman Isaac. All in favor, motion carried. CITIZEN PARTICIPATION 1. Andy Hecht requested on behalf of the Aspen Institute a special Council meeting on April 26 to submit the Institute's conceptual subdivision and PUD plan. Hecht told ~iAspen Institute Council they were going to P & Z on April 25, and reminded Council they had once agreed irequest for to try to expedite the process by meeting soon after P & Z. The information will be !special meeting submitted this week. Councilman Van Ness said the Council would not have the benefit of the P & Z minutes. Councilman Parry moved to schedule a special meeting on Wednesday, April 26 at 7 p.m.; seconded by Councilman Isaac. Councilwoman Johnston stated she did not agree with the idea of special treatment for anyone. All in favor, with the exception of Councilwoman Johnston, Motion carried. 2. Marty Hershey told Council regarding the traffic light at Cemetery Lane, the state Cemetery Lane!i is supposed to go back to 15 second cycle and will give the City permission to put the s~op light light on blinking when the City feels it is necessary. 3. A1 Nicholson told Council his project did come within the 39 point approval under growth management. Nicholson asked if it were possible for the two projects who received approval to be processed. Mayor Standley said this would be discussed later on in the agenda. COUNCILMEMBER COMMENTS 1. Councilman Isaac said some items from the last meeting did not get on the agenda; the charter changes, park dedication fees, and the meeting with Mark Danielson. 2. Councilman Isaac said he was upset that the P & Z found that a furniture store was permitted as a conditional use in the O, office zone. Councilman Isaac said he felt th~s Conditional was an inappropriate use in this neighborhood. City Attorney Nuttall pointed out that Uses conditional uses are totally within P & Z's discretion. Richard Grise, planning office, told Council they felt the impact would be very low because the business is unique, selling. handmade water beds. Park Dedica- City Attorney Nuttall passed out a draft of the park dedication ordinance for Council to tion fees review. The charter changes are still being worked on, and Ms. Nuttall is still getting input from some Councilmembers. 3. Councilwoman Johnston said she is concerned about the park dedication fees because the City keeps getting applications for subdivision exemptions. Councilwoman Johnston Park Dedica- said she would like to discuss and administrative delay in addressing exemptions until tion fees the City resolves the park dedication fees. Councilwoman Johnston moved to put the administrative delay of subdivision exemptions on the agenda; seconded by Councilman Parry. All in favor, motion carried. 4. Mayor Standley read to Council a letter from Colorado University regarding Jill Mavromatis, who is interning in the recreation program and is the City's gymnastics teacher. 5. Mayor Standley told Council that the City's water attorney's law firm has been dis- solved and reorganized. Ms. Nuttall told Council that both Vranesh and Musick would like Water attorneys to continue working for the City. Councilwoman Johnston said it might be interesting to Musick discuss with both the point of costs. Ms. Nuttall said it would be worthwhile for Council to talk to both segments; they will not get into a bidding war. The discussion would be a question of service. Mayor Standley said that the City's work has been done by Lee Leavenworth, Alan Schwartz, and John Musick. They have five years continuity working for the City; they have the files, are current with the City's work, and are in the area. Councilwoman Johnston agreed with that, but requested a conference on the fee structure. When two of the attorneys in the firm have a conference to educate one another, the City gets charged for both of their time. Councilman Behrendt moved to put this question on the agenda; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Behrendt pointed out the only relationship he has had is with the three attorneys going into one office; it seems to be obvious to continue with that firm. Councilman Behrendt said he was satisfied with Musick's work. Councilman Behrendt moved that the City continue the relationship with Musick, Leavenworth, and Schwartz; seconded by Councilman Van Ness. Councilwoman Johnston suggested in the future before the City embark on litigation or investigation, they have an idea of what this will do to the budget. Mayor Standley asked that Councilmembers Van Ness and Johnston along with MS. Nuttall make an appointment with Leavenworth or Musick and discuss the budget and expenses and bring a report to Council. All in favor, motion carried. FLUORIDATION David Swersky, local dentist, introduced Mike Clement, dentist and Charlie Schraeder from the State Department of Health, to discuss water fluoridation. Swersky said it Fluoridation costs $2600 per year or $.50 per capita to fluoridate. Swersky said he was into preventa- tive dentistry and fluoridation in the water prevents tooth decay. City Manager Mahoney i~ pointed out that the water system is growing and demands are ~ncrealng. The City will I have to add to the plant and equipment for fluoridating capabilities. The City supplies 2 million gallons per day in the winter and fluoridates adequately. In the summer the i~ peak demands are between 8 and 10 million gallons and the City is concerned about the efficiency of fluoridation in the system. Mayor Standley said this was addressed at budget time, and the decision of Council was not to continue with fluoridation. The information was that after 12 to 14, fluoridation was of greatly diminished value. There also were some comments that fluoridation was akin to Communism, had carcinogenic effects, and also there Would be additional required expenditures. Swersky told Council fluoridation is an effective means to prevent tooth . decay and can reach a large portion of the population. At this time, 90 per cent of the population on municipal water supply is receiving fluoridation. As far as the cost, it is probably expensive to up-date the system, but $.50 per capita compared to an average filling, which costs $20. The benefits of fluoridation are incorporating crystals into the structure of the tooth, making it more resistant to erosion. Regular Meeting Aspen City Councl± ~prl± Swersky told Council if people receive fluoridation during the formative years, it can help their teeth until they are 50 or 60. Swersky pointed out that fluoridation is not a medication; it is a naturally occurring m~neral. Fluoridation in the water produces up to 65 per cent tooth decay reduction. Councilwoman Johnston pointed out that the City ~s paying to fluoridate lawns and all the people who visit here. $2600 per year is not much until it requires capital improvements. ~-~ Charlie Schraeder tcld Council that the State Health Department endorses and promotes fluoridation around the state. Colorado is third in the nation in supplying fluoridation to the population. 84 per cent of Colorado receives fluoridation. Schraeder stated that over the past 20 years, the state has determined that fluoridation is safe in any form. Fluoridating the water is the only feasible way that all children can receive benefits. This is still less cost'3 and the most effective way to go. Councilman Behrendt asked if there is any study on what happens if the water is fluori- dated on an intermittent basis. Schraeder answered the optimum amount is 1 part per million parts. Anything less that 7/10's rapidly diminshes it effectiveness. Swersky pointed out there is some naturally occurring fluorides in Castle and Maroon creeks. Mahoney pointed out the City can do fluoridation in the winter months when the demand on the system is not as big. Mayor Standley said to do this all year round would require a budget capital expenditure. Mayor Standley said this should be addressed again at budget time. Jim Markalunas told Council the request is for approximately $15,000 to change the'existing chemical feedlines and to build a building to house ~hem. The City does fluoridate from September 1 until June 1. During the summer months of 1976 and 1977 they did not add fluoride because of the operational and maintenance problems. A group of Jon Busch, David Swersky, Nina Johnston and one other local dentist will meet to make recommendations to Council before budget time. STOCK TRANSFER - Aspen Mine Company Roger Brown told Council his company, G. A. Brown, had purchased 50 per cent interest in Liquor License the Aspen Mine Company. stock transfer -' Councilman Van Ness moved to approve the stock transfer; seconded by Councilwoman John- Aspen Mine Co. ston. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Eagle's Building/Andre David Hauter, representing Andre Ulrych, told Council this is a proposal for an encroach- ment into the alley to enclose a new stairway for the proposed restoration of the Eagle'S Request building. The stairway is a required exit for the second floor. There is an existing for encroachment - encroachment in the alley. The new encroachment would ~mprove the dangerous roof over- hang which creates an ice build up 7 or 8 feet into the alley. The encroachment would .Eagle's also provide trash service area, which would ~mprove the buildings ability to be serviced~enled They would include a trash compactor. Hauter said this alley encroachment would be an improvement over the existing condition. Mayor Standley pointed out the City Engineer in his memorandum said that the renovation could accommodate all these things so that there would be no need for an encroachment. The roof will have to be re-done, which will clear up the ace build up. Mayor Standley said he approved of the renovation of the Eagle's building 100 per cent. As far as encroachments into the alley, the-City's problems with alleys come from encroachments. Hauter stated one of the benefits would be to define the area that services the building, and would visually improve the building. Andre Ulrych told Council that there are no encroachments on the opposite side of the alley. There is presently a 4 foot encroachment into the alley. Ulrych stated they cannot completely rebuild the roof. The requested area for the encroachment ~s needed to house the stairwell and to bring pipes from the roof in order to get rid of the water. Mayor Standley said he had a real problem with allowing encroachments in the alleys. Everytime the City allows this, they get more problems. Encroachments are not in the best interest of the City, the fire department, the street department, the trash depart- ment. Councilman Isaac moved to deny the application for encroachment; seconded by Councilwoman Johnston. Councilman Parry said he would be ~n favor of this encroachment so they do not have to move these functions inside the building. All in favor, with the exception of Council- members Parry and Van Ness. Motion carried. PETITION FOR ANNEXATION - Aspen Club Ashley Anderson presented Council a Petition for Annexation for 3½ acres directly south of the recreation building at the Aspen Club. Anderson told Council they were proposIng Petition for to add 8 outdoor tennis courts. There will be no residences, no services, and no build- Annexation - ings placed out there. The tennis courts will be terraced into the hills into a couple Aspen Club of different levels. The seco r~ part of the proposal deals with the recreation building; the enclosure of the deck, which is already within the footprint, and an expansion of 8500 square feet on the west side. This expansion will be 8 more racquet ball courts and a small laundry. They will move the snack bar ~o the deck. Anderson explained the original proposal would be to expand the former Benedict house to 9400 square feet for a dining facility. They have d~opped the dining facility at the house and will have only the snack bar. They plan to expand both the men's and women's locker rooms. Thsre will be 13,404 square foot proposed expansion. -~ ...... 3 April £0, 1978 Councilman Behrendt asked if procedurally this should be handled under the growth manage- ment quota as 13,000 square feet of commercial space. Kane answered that the quota is only for CC and C-1 zones; this is RR. Anderson told Council that 90 per cent of the members of the club are locals with a waiting list. Mayor Standley reminded Council that the Aspen Club had offered to build employee housing on the land proposed for more tennis courts; the City had turned it down because of the access problem on Ute avenue. Councilman Behrendt asked the implications in terms of density if this were annexed. Kane told Council it would presumably be RR in the city, which is two units per acre. In the County it is zoned AF-1, which is one dwelling per acre. Mayor Standley pointed out the greatest benefit is that if this land is in the City, then the City has more control over what happens. Councilman Isaac moved to read Resolution #8, Series of 1978; seconded by Councilman Behrendt. All in favor, motion carried. RESOLUTION #8 (Series of 1978) Reso. 8, 1978 WHEREAS, there has been filed on behalf of Robert S. Goldsamt a Petition Annexation - for Annexation and a Request for Zoning of the following described tract: Aspen Club A PARCEL OF LAND SITUATED IN THE NW 1/4 SE 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO. SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT wHENcE CORNER NO. 9 OF THE RIVERSIDE PLACER, MS 3905 AM. BEARS N 38o11'25'' E 158.05 FEET: THENCE S 68000'00'' E 120.00 FEET; THENCE S 49o00'00'' E 350.00 FEET; THENCE S 41000'00" W 361.82 FEET; THENCE N 49o00'00'' W 330.37 FEET; THENCE N 00°49'21'' E 390.96 FEET; THENCE S 60o24'26'' E 121.55 FEET; BEGINNING, CONTAINING 3.784 ACRES MORE OR LESS WHEREAS, said Petition and Request has been signed by Robert S. Goldsamt, dated March 24, 1978, have been considered by the Aspen City Council and said Petition for Annexation was found to be in substantial compliance with the requirements of Section 31-8-10711) C.R.S. 1973, the Colorado Municipal Annexation Act, and WHEREAS, it is required by said Act that the Counci's determination of compliance of an annexation petition be by resolution and therefore of record, NOW, THEREFORE, be it Resolved by the City Council of the City of Aspen, Colorado: 10 That the Petition for Annexation dated March 24, 1978, and signed by Robert So Goldsamt be, and hereby is, determined to be in compliance with the requirements of Section 31-8-107(1) C.R.S. 1973, the Colorado Municipal Annexation Act; and 2. That it further be determined, and the City Council so finds, that not less than one-sixth of the perimiter of the area proposed to be annexed is contiguous with the City of Aspen, and that a community of interest exists between the territory proposed to be annexed and the City of Aspen; that the territory to be annexed is urban, and that the territory to be annexed is integrated with the City of Aspen; and 3. That the City Attorney present for consideration at the next regular meeting an ordinance appropriate to effectuate annexation; and 4. That the City Planning and Zoning Commission commence proceedings to zone this tract RR/PUD at its earliest convenience was read by the city clerk. Mayor Standley asked how many members of Council belonged to the Aspen Club; Councilmembers Parry, Isaac and Mayor Standley are members. Council asked that the zoning request be changed from RR to RR/PUD. Councilman Behrendt moved to approved resolution 98, as amended, series of 1978; seconded by Councilwoman Johnston. All in favor, motion carried. RIO GRANDE PROPERTY - Playing Field/Parking lot City Manager Mahoney told Council he had a memorandum from Parks director Jim Holland Rio Grande - requesting Council appropriate $35,800 for the playing field and showing where the money playing field will be spent. Mahoney told Council he had a report for the open space and transporta- parking lot tion sales tax showing a surplus in the sixth and seventh pennies. Council can get an opinion from City Attorney Nuttall on whether it is appropriate to use this money on the Rio Grande. Finance Director Butterbaugh explained to Council she had reworked the tax figures for the last five years and included a percentage collection. The rework shows that within the City the collection has gone above budget; the County collections are below budget. The City had budgeted on the basis that the County growth in sales tax collection had been growing more rapidly than the City. Mayor Standley ®~l~n'e~.~': the alternatives ~ro~ ~": the last presentation; underground = sprinkling system or quick couple on top. Mahoney outlined the recommendation from Holland, blue grass sod, automatic water, a two-year phase project. First year do the i playing field, second year the rest of it. Councilman Behrendt moved that the City go ahead and accept at this time phase 1 of the 1978 development plan for the Rio Grande property and budget it as Lois has outlined to th~ extent of $35,800, and Council is not obligated to the second phase at this time; secondedll by Councilman Isaac. Holland told Council the project would start as soon as it stops raining. Mayor Standley asked why they couldn~ use the golf course sod. Holland said it would be too big of a project to grade it, get the sod up and then get it down in order to have it playable for any season at all. Councilwoman Johnston noted that Holland has said in the futUre there should be the development of a properly constructed sPorts complex, and asked where he envisioned it. Holland said he did not believe the Rio Grande was the proper spot, and perhaps Iselin would be more appropriate for a sports complex than the downtown area. Mayor Standley said he was still for the less expensive alternative presented last time, with the manually watered pipe system. Mayor Standtey pointed out there are ways of deal-i ing with variable expenses but no way of dealing with fixed costs. This is a $30,000 commitment. Councilman Parry said that plan would throw money away on labor and have no hardware left over. All in favor, with the exception of Councilwoman Johnston and Mayor Standley; Motion carried. RECREATION FEES Mayor Standley stated these fee~ were approved by Council during budget time last fall. ~!Recreation fees Lori Patterson, recreation department, told Council the only thing is the proposition that the Plum Tree tennis courts go from $3 to $5. Ms. Patterson said the cost was set at $3 because that was what was figured to pay the courts off. The recreation department is recommending a study to see what the fees should be at the Plum Tree. Mayor Standley said he felt the City courts should be the same price. Ms. Butterbaugh explained when the tennis courts were proposed, an estimation was made of what revenues would pay off the courts. The City has no obligation to pay off the note. If the revenues do not pay off the note, it is the problem of the Plum Tree. Ms. Butter- baugh said she did not feel the City should Pick up any of the obligation. SUBDIVISION EXEMPTIONS - Park Dedication Fee Mayor Standley said Council would consider suspending or delaying subdivision exemptions pending the outcome of Council's position on park dedication fees. Councilwoman Johnston said Council needed to address this as the Court deCision applied only to multi-family 'Park Dedication units and not necessarily duplexes. Councilwoman Johnston pointed out Council continues ifees to process subdivision exemptions without knowing what they are going to do about the park dedication fee. Councilman Parry pointed out these duplexes are all lived in, peoplel are already using the parks and have been paying taxes for years. City Attorney Nuttall said legally she did not think Council could distinguish between multi-family units and duplexes. Judge Lohr's ruling covers duplexes very well. SUBDIVISION EXEMPTION - Cekovsky Richard Grise, planning office, told Council this request is fOr condominiumization of an existing duplex located at 716 West Hallam and zoned R-6. The duplex is owned by Cekovsky~!Subdivision and occupied by his daughter on one side, and a local person, who does not want a six !Exemption month minimum lease, on the other. Grise told Council the engiheering department requested Cekovsky a condition. There is an existing encroachment on the back alley, the garage encroaches 1.8 feet, and they request that this encroachment be acknowledged and that the applicant be required to agree to the standard encroachment agreement. P & Z recommended approval subject to 6 month minimum lease restriction after Mr. Vissian vacates, and six month lease on the other side, and the acknowledgement to the encroachment. Councilman Behrendt moved to approve th~s request for subdivision exemption subject to a minimum of six months lease restriction on the portion rented by Mr. Vissian at such time as he vacates, and a six month minimum lease restriction on the other side, and subject to acknowledgement by the applicant of encroachment on the alley right-of-way and agreement to the standard conditions under which the City normally grants such encroach- ments; seconded by Councilman Isaac. All in favor, motion carried. SUBDIVISION EXEMPTION - Kalnins/Raphael Grise told Council this is a condominiumization request for a duplex located on lot 3 iiSubdivision block 2 Snowbunny, and zoned R-15. Both tenants have lived in the duplex six years and !Exemption are seeking to legalize the use and occupancy agreement. Neither tenant has plans to Kalnins/Raphael sell the units. Mark Danielson, housing director, has no problem as there is no tenant displacement. P & Z recommended approval provided the owners submit to the requirement of the six month minimum lease restriction. Councilman Behrendt moved to approve the subdivision exemption request for Kalnins/Raphael! provided the owners submit to the requirements of a six month minimum lease restriction; seconded by Councilman Isaac. All in favor, motion carried. CONCEPTUAL SUBDIVISION - Hunter Square Building Condominiumization Karen Smith told Council. this building is located at Main and Hunter streets. This is a request for condominiumization of 10 units, 9 will be commercial space. Another 3 will ~Subdivision be condominiumized into one large unit to be held under ownership of the existing owner iConceptual and be rented out as residential spaces. The P & Z recommended approval based on positiveiHunter Square recommendations from the engineer, who at this time found no problems provided the conditions have not changed since the 1973 title preparation. The P & Z attached the condition that the residential units should be rented on a six month minimum lease basis. Councilman Behrendt moved to approve conceptual subdivision review subject to six months minimum lease restrictions on the three residential units; seconded by Councilman Parry. All in favor, motion carried. GROWTH MANAGEMENT PLAN RESOLUTION Residential and Lodge Allocations 1978 Mayor Standley pointed out that the memorandum from Karen Smith noted there are applicants who were not successful in scoring the minimum points required. These applicants are Growth Manage. entitled to an appeal to the Council. In order to do this, Council has to have back- ment ground information. Mayor Standley asked the planning department to prepare a packet. ReSidential and Lodge for~ Bill Kane explained to Council that the growth management ordinance requires the applicant 1978 to achieve 60 per cent of the points available. Only two of the seven applications were able to accomplish 39 points. Those two projects consist of 36 units; the quota is 54. The P & Z resolution said these two projects should be approved, and that Council should listen to the appeals. It is conceivable during the appeals that Council could change the points and allow more pro3ects to be approved. With the bonus this could be 65 units. A1 Nicholson said his project was one of the two to meet the requirements, and he felt it is right that his project should be considered by Council at this time. Park Central West received 39.6 points without the bonus. Nicholson allocated 30 per cent of his units to employee housing to comply with the code. As Nichclson complied with the code, he should be given consideration now. Kane stated the schedule envisions that Council take final action by May 1. Kane said he did not feel that Council should be obligated to take action tonight. The Boards have acted responsibly in carrying this process through on schedule. The City Council is the final authority for denial. Kane explained to Council that Nicholson's pro2ect has 30 per cent low income housing. The next project below his has 55 per cent low cost housing, but did not score as well on the amenities. If Council views this dual objective of the growth management plan as both growth control and employee housing, it is not all that clear that sticking by the 60 per cent cut off will be that necessarily productive of employee housing. Councilwoman Johnston pointed out that Park Central West and Top of Mill projects ~ received the required points. If Council listens to appealing applicants and ups some of their points, the two approved projects almost have to appeal also to stay within the required points. Kane told Council there has %o be some clear grounds for the appeals, why they were not scored adequately by P & Z. Kane said the appeals have to be made on fairly narrow grounds, the criteria is spelled out, the points available is spelled out. Council will be given the score sheets from P & Z. The projects appealing ~ will have to come up with convincing arguments to change the points. This is not a free for all process where the P & Z points are scratched. Councilman Parry asked why the 500 South Galena and 925 Durant come in under one project. Kane said that was an administrative decision when they first applied in July. P & Z reaffirmed this in their resolution to Council. Council scheduled the growth management hearings for April 25 at 5~00 p.m. so that they can meet the May l~obligation. Mayor Standley said Council will consider the appeals, and if a decision is made to change points, then they will give qualified applicants a chance. The permits can issue immediately. Mayor Standley asked that all seven applicants are given written notice, and that Council get a synopsis of the projects by next week. Time limit on the appeals is 10 minutes for presentation and 10 minutes for question and answer. The order of appeals will be established by lottery. The ' two approved projects will be held to the end in case there is no change. A1 Nicholson contended that the way the Code is written that any projects not receiving a minimum of 60 per cent of the total points awarded by P & Z are to no longer be con- sidered by a development allotment and the application shall be considered denied. Nicholson said that is what the Code says. Nicholson said that the bonus is only to be given to those who comply first with their 39 points. Ms. Nuttall did not agree and said there is an opportunity for Council to review the appeals. Mayor Standley said the meeting will proceed as outlined on April 25, with Council listening to the five appeals first. If there is any point change, the two approved projects may appeal. The meeting will be an official meeting so that Council can take action. ORDINANCE #6, SERIES OF 1978 Adopting Model Traffic Code Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 6, 1978 the public hearing. Model Traffic Code Councilwoman Johnston moved to read Ordinance ~6, Series of 1978; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #6 (Series of 1978) AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY OF ASPEN, COLORADO; ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES , REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF was read by the city clerk Councilwoman Johnston moved to adopt Ordinance ~6, Series of 1978, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Johnston, aye; Behrendt, aye; Isaac, aye; Parry, aye- Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE #7, SERIES OF 1978 - Appropriation for Switching Station Ord. 7, 1978 i Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Appropriation the public hearing. for Switching Station Regular Meeting Aspen City Council April ±u, l~/~ Councilman Behrendt moved to read Ordinance #7, Series of 1978; seconded by Councilman Van Ness. All in favor, with the exception of Councilwoman Johnston and Mayor Standley. Motion carried. ORDINANCE ~7 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION OF $34,114.00 FROM EXCESS ELECTRIC FUND REVENUES FOR THE 1978 PAYMENT ON PROPERTY PURCHASED FOR ELECTRIC CEPARTMENT USE AND APPROVING THE TERMS OF THE PURCHASE AGREEMENT FOR SUCH PROPERTY was read by the city clerk Councilman Van Ness moved to adopt Ordinance ~7, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Behrendt, aye; Johnston, nay; Mayor Standley, nay; Isaac, aye. Motion carried. CITY MANAGER 1. Request from extension agent for a gardening program. City Manager Mahoney showed Council the planned location for a garden, which was the east side of the Thomas property~iGardening Mahoney said he had looked at several places within the City, and this seemed to make the most sense. Mahoney told Council the Thomas property is reserved for open space program and this seems to be an appropriate open space use. There is good soil and good water. Councilwoman Johnston said there would be a problem with transportation out to this site. Councilman Behrendt objected because he felt this should be only open space. Council suggested Jenny Adair park, triangle area at Cemetery Lane, and other sites around town. After discussion on the sites, Mayor Standley told Mahoney to go ahead and establish a gardening program on the proposed site as four Councilmembers would go along with it. 2. Leo Garren/Theatre Project. Mahoney told Council he had been receiving communcications about this theatre project and would like it discussed on the agenda. Councilman Parry moved to add this to the agenda; seconded by Councilman Isaac. All in Theatre Project favor, motion carried, at Rio Grande Garren told Council he had been in town studying the feasibility of opening a professional theatre here, a theatre that runs on a continuous regular schedule, which employs actor's equity members, and which would be a member of national organization for regional theatres. Garren said he had discussed the possibility of sub-leasing the Wheeler. He has also investigated a bubble-type theatre, and this seems to be the best possibility. Some support facilities such as dressing rooms would be necessary. It will not be a very large complex. In order to make a theatre work, you must make it as accessible as possible. The Rio Grande property has been suggested as a place to make this theatre work. Garren said he liked this location because it has parking facilities, it is accessible, it can be walked to from town. Garren said he had come to ask for tentative approval of the idea. The bubble would be up for 13 weeks; the season would be 10 weeks long. The season is planned to start June 28 and go to Labor Day weekend. Mayor S~andley asked what Garren was thinking in in terms of lease arrangement. Garren answered $1 per season. Mayor Stfandley pointed out that Garren would be competing using free property and this runs contrary to the Council's philosophy of business. Garren suggested a per- centage of the net profits. Garren said he felt it would take several years before the theatre would break even. Garren said he would like the option to have the property for two more summers after this. Mayor Standley said he felt conceptually this is an exciting idea. Aspen is already dealing with the Aspen Theatre Institute, who has begged for spaces and places to play and the City has not been able to accommodate them. There is Ballet West, which the City does contribute to, and the Music Associates. Councilwoman Johnston asked if Garren had gotten an opinion from the fire department about the bubble, they should be done. Council- woman Johnston said she was concerned about_the acoustics. Mayor Standley said the Laurian Foundation had done a bubble theatre and it did meet all codes. Mayor Standley pointed out this would be right across the river from a residential area, Oklahoma Flats, and they should be consulted. Also, Mayor Standley said he would not feel comfortable doing this for-free basis unless all the other arts groups in town signed off in support. Councilwoman Johnston mentioned that Council has established a policy if an item came up that is not on the agenda, then Council will not make a decision until the public has had a chance to speak. Mayor Standley said this will have to go through SPA approval at the P & Z with a public hearing. If Council thinks this is a good idea, then at a minimum the Council should require an endorsement from all other arts groups in town, and that opposition is not received from the Oklahoma Flats residents. Garren told Council he did have a resume and has been working in theatre for 41 years. Councilman Parry moved to encourage Garren to proceed through SPA process given the conditions outlined by Mayor Standley; seconded by Councilman Isaac. Councilwoman Johnston stated she was concerned because the City continues to do more and more things rather than upgrading or keeping at scale what is here. All in favor, with the exception of Councilwoman Johnston. Councilman Behrendt requested a summary of the sources of funding. Mayor Standley also said the City would require indemnification and insurance and holding the City harmless. Motion carried. LIQUOR LICENSE COMMITTEE REPORT City Clerk Kathryn Hauter reported to Council that the ad hoc committee on liquor license L~quor numbers and policies had been meeting every month since November 1977. The latest meetingreportLicense 2385 Regular Meeting Aspen City Council April 10, 1978 was held in February with Sam Chilcoate, president of Distilled Spirits Corporation of the U.S./ Mr. Chilcoate is going to help the committee by having his corporation do a computer study of comparable resorts and resorts in general. The data will then be interpreted by an accounting firm. The data will be used to substantiate how many licensed establishments Aspen can handle. REQUEST FOR ENCROACHMENT - Welding Shop Request for City Manager Mahoney told Council this is the property behind Obermeyer. Dave Pustolka encroachment would like to make an entrance to his building ; he needs a 30 foot encroachment to make a ramp to get vehicles into his shop. City Attorney Nuttall said Pustolka could not get welding shop a building permit until he got encroachment permission from the City. Ms. Nuttall said Bleeker st. she did not know of any adverse consequences to the City. Councilman Behrendt moved to grant the encroachment request subject to the supervision of the City Manager and with the~.~hree usual stipulations; seconded by Councilman Parry. All in favor, motion carried. UTE AVENUE RIGHT-OF-WAY RESOLUTION Mayor Standley said this is to make sure that the City does not lose the right to expand the right-of-way easement on Ute Avenue. City Engineer Dave Ellis told Council this Ute Avenue resolution will allow Council to exercise their option and tells to what degree the right-of-way City intends to utilize it. Councilman Behrendt moved to read Resolution #9, Series of 1978; seconded by Councilwoman Johnston. All in favor, motion carried. RESOLUTION #9 (Series of 1978) WHEREAS, it is the intention of the City Council to widen Ute Avenue on the Southwesterly side of the D.R.C. Subdivision, and WHEREAS, the final plat of the D.R.C. Subdivision notes that a ten foot wide strip along Ute Avenue is "to be deeded upon declara- tion of intent by the City of Aspen to widen Ute Avenue no earlier than June 1, 1975, and no later than June 1, 1978", and WHEREAS the City Council of the City of Aspen wishes to so declare its intent to widen Ute Avenue, NOW THEREFORE BE tT RESOLVED by the City Council of the City of Aspen that the City hereby declares its intent to widen Ute Avenue and that this declaration is made in compliance with the requirements of the D.R.C. Subdivision plat. was read by the city clerk Councilman Isaac moved to adopt Resolution ~9, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Van Ness moved to adjourn at 8:30 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. Kath~n S. Hauter, City Clerk