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HomeMy WebLinkAboutminutes.council.19770808 ~egular Meeting Aspen City Council August 8, 1977 Mayor Standley called the joint meeting to order at 12:10 p.m. with Councilmembers Behrendt, Hershey, Johnston, Parry, Van Ness, and Commissioners Child, Edwards, and Kinsley present. LITTLE CLOUD PURCHASE City/County planner Bill Kane told the Boards that Bob Stevens, owner of Little Cloud, has gone through the planning work, and the planning department is an a position ~o Little Cloud receive a permit for a sinale family house. The Council and Commissioners had authorized purchase an appraisal on this property. The appraisal is $100,000 for the 2.2 acres. Stevens has specified terms for the sale; $95,000 with no interest, two payments due October 1, 1977, and May 1, 1978. Kane pointed out the decision is to entertain a single family dwelling on this property, or to purchase and preserve as open space. Kane stated this is a critical p~ece of land because of Shadow Mountain. Mayor Standley said the Paepcke estate owns some land at the base in this area. The estate may be willing to sell the land to ~he City. Commissioner Edwards said that Stevens also owns the Sibley. Stevens offer to the County at one time was that if the County would give him four little log cabins, two units each, Stevens would give the County the higher lands and a 40 foot easement across the Midland. Edwards stated that it seemed more economical per square foot to go out and consider properties like tke North Star Ranch and properties west of town. $100,O00 is a lot of money for this property. Commissioner Kinsley noted that~ in order for the County to~ pick up Little Cloud, they would have to allow upwards of eight units on the Sibley. Councilman Behrendt said he felt that anything up on Shadow Mountain affects the whole town. Councilman Behrendt said he would vote ~o buv open space evervtime he could. Commissioner Kinslev said he would be interested in Durchasina Little Cloud if it were to be used for employee housing. Councilman Behrendt moved to make an offer to Bob Stevens~to purchase Little Cloud for $95,000 with no deed restrictions, according to the terms of payment~ and a letter of condemnation will be issued. Motion died for lack of a second. County Manager Ochs withdrew to discuss this with Bob Stevens. LAND TREATMENT John Musick told the Council and Commissioners that they had approved his entering into negotiations with the Salvation Ditch Company and other land owners interested in Land Treatment operating a land treatment system. Aspen Metro and Aspen Sanitation told Musick if he could get approval from a land owner, they will favorable review for 201. With land treatment, there is also possibilities for minimum stream flows and water rights acquisition. Musick said he was at the point where the City may have to take a stand with regard to the treatment alternatives at the Metro plant which might be contrary to 201. The City and County may want to ~nsist upon land treatment. Musick showed the Boards a film, which helps make a decision about land treatment versus biological ~rea~- mens. The film does not show out to acquire water r~qhts. Musick said that one landowner has suggested he would like to cooperate with the land treatment proposal. Andre Ulrych, who purchased the Vagneur ranch, would like to have land treatment investigated. Musick said he felt it is incumbent upon the City and County, and in both of their interests, to investigate this. They cannot ask Metro to take the next step. What will be required is an alternative 201 study by an accepted engineer. The study can be done for $5,000 to $15,000. Musick said the community should be interested in land treatment. The other half of the proposal is better water quality for the Roaring Fork, and minimum stream flows for Hunter Creek and Roaring Fork. Commissioner Kinsley moved to approve Musick to go and seek engineering proposals for the City and County's consideration to undertake for next year; seconded by Councilwoman Johnston. All in favor, motion carried. ~egu±ar Meetang Aspen Cmty Counci~ July 25, 1977 Council questioned why the communications department needed new uniforms. Ms. Butterbaugb explained that it ms a joint city/county communications center, and the County feels uncomfortable with the dispatchers wea~ing Aspen Police uniforms. Councilman Hershey said the dispatchers could Get patches that say "City/County Communications", they don.'t need whole uniforms. Councilman Hershey moved to adopt Ordinance #43, Series of 1977, as amended deleting the appropriation for unfiroms; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, 'aye; Parry, aye; Johnston, aye; Hershey, aye; Mayor Standley, aye. Motion carried. Councilman Parry moved to adjourn the regular meeting at 9:15 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Kat ryn~.' Hauter, City Clerk Jegular Meeting Aspen City Council August 8, 1977 Mayor Standley called the joint meeting to order at 12:10 p.m. with Councilmembers Behrendt, Hershey, Johnston, Parry, Van Ness, and Commissioners Child, Edwards, and Kinsley present. LITTLE CLOUD PURCHASE City/County planner Bill Kane told the Boards that Bob Stevens, owner of Little Cloud, has gone through the planning work, and the planning department is mn a position to Little Cloud receive a permit for a single family house. The Council and Commissioners had authorized purchase an appraisal on this property. The appraisal is $100,000 for the 2.2 acres. Stevens has specified terms for the sale; $95f000 with no interest, two payments due October 1, 1977, and May 1, 1978. Kane pointed out the decision is to entertain a single family dwelling on this property, or to purchase and preserve as open space. Kane stated this is a critical pmece of land because of Shadow Mountain. Mayor Standley said the Paepcke estate owns some land at the base in this area. The estate may be willing to sell the land to the City. Commissioner Edwards said that Stevens also owns the Sibley. Stevens offer to the County at one tame was that if the County would give him four little log cabins, two units each, Stevens would gave the County the higher lands and a 40 foot easement across the Midland. Edwards stated that it seemed more economical per square foot to go out and consider properties like the North Star Ranch and properties west of town. $100,0.00 is a lot of money for this property. Commissioner Kinstey noted that mn order for the County to pick up Little Cloud, they would have to allow upwards of eight units on the Sibley. Councilman Behrendt said he felt that anything up on Shadow Mountain affects the whole town. Councilman Behrendt said he would vote to buv open space evervtime he could. Commissioner Kinslev said he would be interested an purchasing Little Cloud if it were to be used for employee housing. Councilman Behrendt moved to make an offer to Bob Stevens~to purchase Little Cloud for $95,000 with no deed restrictions, according to the terms of payment, and a letter of condemnation will be issued. Motion died for lack of a second. County Manager Ochs withdrew to discuss ~his with Bob Stevens. LAND TREATMENT John Musick told the Council and Commissioners that they had approved his entering into negotiations with the Salvation Ditch Company and other land owners interested an Land Treatment operating a land treatment system. Aspen Metro and Aspen Sanitation told Musick if he could get approval from a land owner, they will favorable review for 201. With land treatment, there is also possibilities for minimum stream flows and water rights acquisition. Musick said he was at the point where the City may have to take a stand with regard to the treatment alternatives at the Metro plant which might be contrary to 201. The City and County may want to insist upon land treatment. Musick showed the Boards a film, which helps make a decision about land treatment versus biological treat- ment. The film does not show out to acquire water rights. Musick said that one landowner has suggested he would like to cooperate with the land treatment proposal. Andre Ulrych, who purchased the Vagneur ranch, would like to have land treatment investigated. Musick said he felt it ms incumbent upon the City and County, and in both of their interests, to investigate this. They cannot ask Metro to take the next step. What will be required is an alternative 201 study by an accepted engineer. The study can be done for $5,000 to S15,000. Musick said the community should be interested in land treatment. The other half of the proposal is better water quality for the Roaring Fork, and minimum stream flows for Hunter Creek and Roaring Fork. Commissioner Kinsley moved to approve Musick to go and seek engineering proposals for the City and County's consideration to undertake for next year; seconded by Councilwoman Johnston. All in favor, motion carried. __ ~_ula~ meeting . As~pen City Council August 8, 1977 ACCOUNTS PAYABLE Mayor Standley pointed out these were not received until Monday and the deadline should be Thursday a.m. like everything else for the packet. Finance Director Butterbaugh said the computer had been broken down. Councilwoman Johnston moved to table accounts payable until August 22; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. R. W. Smith, parks director, said he was leaving the end of August and wanted to thank the Councilmembers for giving him help and support while he was here. COUNCILMEMBERCOMMENTS 1. Councilman Van Ness said as far as the Rio Grande property he would like to get more Rio Grande information. Councilman Van Ness said he did not think the situation is as bad as the proper~y Commissioners would have the City believe and is satisfied with the progress the City is making. 2. Councilwoman Johnston said she is not satisfied with the progress on the Rio Grande. The City was to lower the axe. 3. Councilwoman Johnston said she had received a couple of memoranda regarding the Mall election election for the mall which put the date in April. Councilwoman Johnston said she would like to see the election earlier, when the ski people are here. 4, Councilwoman Johnston asked if anyone on Council was interested in pursuing the Solar heating discussion on solar heating of the James E. Moore pool. Raymond Auger had sent a letter James E. Moore stating this is the last week he could offer solar heating at this price. Councilwoman pool Johnston said she was appalled to see what the City is paying to heat the swimming pool. Councilwoman Johnston moved to add this item to the agenda; seconded by Councilman Parry. All in favor, motion carried. This item will be discussed under City Manager. 5. Mayor Standley asked City Manager Mahoney for a status report on Triangle Park. Mahoney said he had received a compromise plan from P & Z where triangle park would be Triangle used for tots 3 to 5 years old; there would be benches to sit on. The bigger equipment Park will be erected on a temporary basis to see how it works out. Planner Kane told Council that Triangle Park is in an R-6 district; perhaps the land should be zoned park. In the R06 district, parks are allowed only as a conditional use. P & Z is the final authority on conditional uses. 6. Councilwoman Johnston said that Jenny Adair Sawmill Park would be dedicated August 26, Colorado Women's Day and asked if the City had the sign ready. 7. Councilman Behrendt said the mall memorandum indicated the City would be doing construction in the summer. Councilman Behrendt stated he was for expansion of the mall, Mall but is dead set against tearing the town up in the summer ever again. Councilman construction Behrendt said it seems possible to build it after Labor day. 8. Councilman Behrendt asked if Council was interested in examining necessary code revisions caused by various angles in the historic zoning. Councilman Behrendt pointed Historic out the book store and Floradora; they are not products of the intentions within the designation historic district. Mayor Standley said that all that is left of some building zoned code revisions historic are some 2 by 4s holding up a frame. If the City has historic zoning, the buildings ought to respond to that. Councilmembers Parry and Hershey were not interested; Councilmembers Johnston, Van Ness, Behrendt, and Mayor Standley were. 9. Mayor Standley said the sod along the water in the mall is totally destroyed from Mall people walking on it. Last year the Council suggested the bridges should be wider or condition should be directly opposite. Mayor Standley asked the administration to consider doing something about this, bridges should be opposite each other, or a wrought iron fence installed. 10. Mayor Standley pointed out that Council had received a memorandum from City Attorney Nuttall regarding use of establishments. Mayor Standley said the Council ought to think Use of liquor seriously about this when they have liquor license hearings. It is a way the Council license can control the use of the establishments. Councilman Hershey said he would like to have establishments' a way where the hearings could be at some level so that Council would not have ~o hear liquor license applications. PLANNING & ZONING APPOINTMENTS Councilman Behrendt moved to put the P & Z appointments on the agenda; seconded by Councilman Parry. All in favor, motion carried. P & Z appts. ~ Ensign, Baranko, Councilman Behrendt moved to nominate Don Ensign, Bill Leonard, Frank Baranko, Roger Isaac, Klar Hunt, Tom Isaac, Jenifer Pedersen, Joan Klar; seconded by Councilman Parry. All-in ~' favor, motion carried. By paper ballot Council elected Baranko~ Isaac and Klar to four year terms and Ensign to ~wo year term. SILVER PLUME - Transfer of ownership Silver Plume transfer of Tom Mazza, representing the applicant, reminded Council ~here had been some problems ownership with the health and fire requirements. The health requirements have been met; the Silver Plume is in the process of installing all the things to meet the fire code. This is a transfer pursuant to a disillusion of marriage. Mayor Standley asked the applicant how she intends to manage the operation. Teddy Case sai~ she would manage it personally and it would have the same configuration and the same food service. ..... ~e_~ular_3~e~ Aspen City Council August 8, 19// Councilman Behrendt moved to approve the transfer; seconded by Councilman Parry. Ail in favor, motion carried. USE OF ASPEN ICE GARDEN FOR CONCERTS Mayor Standley said this issue should not be heard at the Council level. It is a rezoning request and has to go through P & Z. It is on the Council agenda because if Council is Use of Aspen not in favor of the project, the applicants will not waste time going to P & Z. This is Ice Garden a presentation a~ut the .management and conceptual idea for the ice garden, for concerts Ralph Brendes said after he had put on Snowshow, which was a one time shot, .he discovered concerts at the ice garden were workable and this was a good facility. Brendes stated the impact on the noise in the neighborhood was minimal. Brendes said he represented Aspen Production Company and these concerts will provide substantial funds for charities. Brendes stated he intended to go through the bureaucratic shuffle, but does not want to go through it until he finds Out what kind of support there is. Brendes showed Council slides of the last performance, how it was set up and arranged and taken down. Brendes told Council that they would obtain a portable stage if they were to do this permanently, and also get a precut floor. Brendes stated the acoustics are excellent and there are no beams or posts to obstruct views. Brendes pointed out one of the concerns of the planning office is noise pollution. A decibel count report on the last concert was submitted. The loudest noise was a diesel engine idling outside. Antoher concern is the nature of the neighborhood and the parking problem. Brendes stated he would be willing to do whatever is necessary in that area. Brendes said at the last concert there was no major impact on the neighborhood; there was no big traffic congestion. There were no complaints. Brendes submitted a map of the neighborhood and pointed out there are only five houses. Brendes stated there is no place in Aspen to put on concerts. Each concert they will put on will have a charity sponsored. They get'proceeds from the gate~ beer, patron seats, etc. Viable charities can earn up to $7500 from these concerts. Brendes said he felt that one of the allowable uses of an ice rink facility is to be converted into an auditorium. An ice rink should be a conditional use in this residential neighborhood. This would be an alternative to changing the zoning. Brendes stated this is a perfect use for the facility; why not have a facility that can seat 2,000 to put on benefits and to bring in good shows. Bill Tharp told Council they are not asking for a rev61utionary change in the use of the rink. Not too long ago this would have been permissable. When the area was down zoned, the ice rink became a non-conforming use. Tharp said it would be logical to at least pursue the idea of a private facility being offered in a manner that costs the public no money and is for public functions. Councilman Van Ness said he would be interested in going through the P & Z with this idea, but would make no guarantees. Councilman Van Ness said this is worth looking into; it is an opportunity to get some high quality music into town. Councilwoman Johnston said she was not a bit interested in having such a facility in Aspen. Snowmass is doing a performing arts center :and that will take care of concerts. Councilman Behrendt said this neighborhood has had no physical change in three years. The neigh- borhood has been downzoned specifically. There is substantial noise impact; some of the decibel readings are as high as 94 with only a temporary PA system. Councilman Behrendt said he did not complain during the Snowshow because that was a one time benefit concert. The ice palace already impacts the neighborhOod as far as traffic. Councilman Behrendt stated this use seems inappropriate. Councilman Hershey stated he was not interested. Councilman Parry said he felt this is something that should be tried. Councilman Parry said he attended the Snowshow and walked around and there was no noise impact in the neighborhood. Mayor Standley said he would be interested if the whole thing could be managed properly. He would have a negative position unless there is strong management. ADMINISTRATIVE DELAY -Bell Mountain Sports Chuck Vidal told Council that the present lessee of Bell .Mountain Sports has closed down for the summer and has created an opportunity for the building owner to expand on the Relief from second floor. Vidal said the owner is trying to react to this opportunity and to add on /~]ministrative a second floor of approximately 2,000 square feet. This would be office space primarily Delay- Bell for the tenant and the owner. Mt. Sports MayOr Standley asked if the Council had the right~ to grant administrative relief. City Attorney Nuttall stated the Council did have some.~d~sgression there. The Council does have a precedent for giving relief. Planner Kane stated the planning office would not recommend doing this. This is an area the GMP is directed towards. This addition would be 2,000 square feet. If the Council opens up relief to everyone, they will scrap the whole plan. Kane stated that unless the ~0~ncil found a unique set of circumstances that apply to this applicant they shoutd~nOt' grant relief. Councilman Parry pointed out that the growth management plan was supposed to be done early in the spring. Someone has come in with a nice plan to do a good building. The Council h~s a chance to change a building that already exists. Mayor Standley pointed out the buildings that got Ordinance ~19 exceptions. Mayor Standley stated the Council doesn't have a good track record on trying to be sympathetic to developers. Councilman Behrendt said it appeared that the applicant is attempting to come in before controls are exerted on the rest of the community. This would be adding 2,000 square feet before controls are put on. Councilwoman Johnston moved to deny this application; seconded by Councilman Behrendt. Counc~lmembers Parry, Herhsey, Van Ness 0pposed: ; Councilmembers Johnston, Behrendt, and Mayor Standley in favor. Motion NOT carried. ~equ±ar Meeting Aspen City COuncil August 8, 1977 Councilman Parry moved to table until the entire Council is present; seconded by Council- man Hershey. All in favor, motion carried. ADMINISTRATIVE DELAY - Aspen Bar & Grill Reli~ frc~ Tony Mitchell told Council the Aspen Bar & Grill would like to put a deck outside their ~ninistrative Solarium. They would like to do this immediately to get some of the summer business. Mitchell said they would like to get an exemption from the Growth Management Plan to Delay - Bar&Grill allow them to build the deck. It will not be enclosed. Councilman Parry pointed out that if the Aspen Bar & Grill had a grass area and wished to serve food, they would not have to come in for approval. All ~hey are proposing to do is put a wooden deck in. Mayor Standlev said he supported this because it is an existing use and i't is only being used during the sum~aer. Councilman Behrendt moved to approve the application for exemption from th% growth management plan; seconded by Councilman Parry. All in favor, with the exception of Council- woman Johnston. Motion carried. ORDINANCE ~50, SERIES OF 1976 Rezoning Physics Institute Mayor Standley opened the public hearing. Mayor Standley stated that previously a long Rezoning term lease had been requested and asked what kind of lease is operational. Nick McGrath, Physics representing the Physics Institute, said there is no formal lease. There is a letter Institute from the Institute that evidences the informal understanding that the Physics Center has the right to occupy the 2.3 acres in perpetuity. McGrath said the Physics Center would much prefer a lease. The Institute does not prefer a lease at this time, probably because of their negotiations to sell. McGrath stated that the Physics Center is satisfied that its relationship with the Institute is sufficiently secure that they are willing to build a building. This SPA will constitute the maximum density for these 2.3 acres. Kane asked that the proof of publication, the resolution of the P & Z supporting this rezoning, and the memorandum from the planning office be made part of the record. Mayor Standley said the Council and P & Z had tried to effect this rezonlng last year and had been stalled by the Institute. The letter of no prejudice from th~ Institute.~has been received by the City. Mayor Standley cloed the public hearing. Councilman Behrendt moved to read Ordinance #50, Series of 1976; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~50 (Series of 1976) AN ORDINANCE REZONING~ THE APPROXI~4ATELY 2.~3 ACRES OCCUPIED BY THE ASPEN CENTER FOR PHYSICS ACCORDING TO AN APPROVED SPECIALLY PLANNED APdA MASTERPLAN FOR THE SITE; THE ELEMENTS OF WHICH MASTERPLAN WILL CONSISTUTE THE DEVELOPMENT REGULATIONS FOR THE AREA, ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilman Behrendt moved to adopt on second reading, Ordinance ~50, Series of 1976; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Behrendt, aye; Hershey, aye; Johnston, aye; Mayor Standley, aye. Motion carried. McGrath said there Ks an agreement where the finance director may postpone the park dedication fee if there is sufficient reason to do so. McGrath requested that the Council authorize Ms. Butterbaugh 5o postpone payment. McGrath stated that they are in no position to value the Institute lands, especially because the Institute has a pending application with the City. McGrath asked that the payment be postponed until the Institute plans are worked out. Mayor Standley asked how long the postponement would be. McGrath asked that it be until the Council passes the Aspen Institute Master Plan. MS. Nuttall said she saw no difficulty with this request. Council agreed. Mayor Standley and Councilman Behrendt both said they thought academic buildings should be exempted from the park dedication fee. Kane said he didn't think that the ordinance was written with academic buildings in mind. Ms. Nuttall said she would look into this. ORDINANCE #38, SERIES OF 1977 - FARs in C-1 ~{ayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. PARs in C-1 Councilman Hershey moved to read Ordinance ~38, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~38 (Series of 1977) AN ORDINANCE AMENDING SEC. 24-3.4 (AREA AND BULK REQUIREMENTS) BY R~QUIRING IN THE C-1 DISTRICT AN EXTERNAL FLOOR AREA RATION OF t:1 WITH AN ADDITIONAL 0.5:1 ALLOWED FOR RESIDENTIAL USE CONSTRUCTED IN CONFORMANCE WITH A DULY ADOPTED HOUSING PLAN was read by the city clerk. Councilman Hershey moved to adopt Ordinance ~38, Series of 1977, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Behrendt, aye; Hershey, aye; Johnston, aye; Parry, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. Regular Meeting Aspen City Council August 8,_ 1977 ORDINANCE #39, SERIES OF 1977 - Fireplaces Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Fireplaces not adopted Councilman Parry moved to read Ordinance ~39, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~39 (Series of 1977) AN ORDINANCE AMENDING SECTION 7-141 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN (AMENDMENTS TO UNIFORM BUILDING CODE) BY THE ADDITION OF SUBSECTION (u) WHICH SUBSECTION CONTAINS REGULATIONS PERTAINING TO REGULATION OF NUMBER AND CONSTRUCTION OF FIREPLACES was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance #39, Series of 1977, on second reading; seconded by Councilman Van Ness. Councilman Hershey asked if Council would be willing to change (a) (1) from two to three fireplaces allowed. Councilwoman Johnston pointed out that people could have as many fireplaces as they want if they are heat generating fireplaces. Councilman Behrendt said this has more to do with air pollution. Tom Dunlop, Sanitarian, said that heat producing fireplaces tend to procude less pollutants. This is aimed at re~ucin? the particulates that are going into the air. Roll call vote; Councilmembers Van Ness, aye; Parry, nay; Johnston, aye~ ~ershey, nay; Behrendt, nay; Mayor Standley, aye. Motion NOT carried because of a tie. The ordinance can be ress~rected at the next meeting by someone on the prevailing side. ORDINANCE ~41, SERIES OF 1977 - Appropriations from ~lectric Fund Mayor Standley opened the public hearing. Mayor Standley told Council he had gone out and walked all the alleys with Stogie Maddalone and looked at all the transformers. Mayor Standley said that Maddalone had convinced him of the need for this hydra-lift. Mayor Standley stated that Maddalone has demonstrated good financial management of his department. Councilwoman Johnston said she thinks this is a good thing and the City nneds to do it but that it is highly inappropriated three weeks before budget sessions. Councilwoman Johnston asked that this be put off until budget time. Councilman Van Ness said the main reason to purchase this now is that it will save a lot of money by having the equipment available and not having to rent it. Mayor Standley closed the public hearing. Councilman Hershey moved to read Ordinance #41, Series of 1977; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~41 (SEries of 1977) AN ORDINANCE REDUCIN~ TEE APPROPIRATION FOR ELECTRICAL SUBSTATIONS IN THE AMOUNT QF $i1~©90; MAKING A SUPPLEMENTAL APPROPRIATION IN THE?. AMOUNT OF $5,5Q0 ~P~ ~XCESS ELECTRIC FUND REVENUES FOR 1977 PAYMENTS ON HYDRA-LIFT TRUCKS AND TRANSFERRING $57,650 FROM THE ELECTRIC FUND TO THE GENERAL FUND was read by the city clerk. Councilman Van Ness moved to adopt Ordinance ~41, Series of 1977, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Behrendt, aye; Hershey, aye; Johnston, nay; Parry, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~42, SERIES OF 1977 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the publ~ic hearing. Councilman Hershey moved to read Ordinance 942, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 942 (SEries of 1977) AN ORDINANCE APPROVING THE TE~4S AND CONDITIONS OF AN INSTALLMENT PURCHASE AGREEMENT FOR ONE 1977 PITMAN MODEL HL857 HYDRA-LIFT BETWEEN THE CITY OF ASPEN AND ELDER/QUINN & McGILL, INC. WHICH AGREEMENT IS FOR A TERM OF TWELVE (12) MONTHS AND PROVIDES FOR MONTHLY PAYMENTS OF $914.57 was read by the city clerk. Councilman Van Ness ~oved to adopt Ordinance ~2, Series of 1977, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Hershey, aye; Van Ness, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE 943, SERIES OF 1977 Mayor Standley opened the public hearing. Mayor Standley said this is an appropriation ordinance for the storm run off system on Main street. This is a topset figure. Mayor Standley closed the public hearing. Councilman Hershey moved to read Ordinance ~43, Series of 1977; seconded by Councilwoman Johnston. Ail in favor, motion carried. Aspen City Council August 8, 1977 ORDINANCE #43 (Series of 1977) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE A~4OUNT OF $57,650 FROM EXCESS REVENUES IN THE ELECTRIC FUND AND APPROPRIATING Appropriation $57,650 FOR THE MATCHING SHARE OF COLORADO STATE HIGHWAY GRANT FOR from Electric HIGHWAY 82 STORM DRAINS was read by the city clerk. for Highway Storm Drainage Councilman Behrendt moved to adopt Ordinance #43, Series of 1977, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Behrendt, aye; Hershey, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~44, SERIES OF 1977 Mayor Standley opened the public hearing. This is the appropriation ordinance of $29,000 for the West end ditches. Mayor Standley closed the public hearing. Councilman Hershey moved to read Ordinance ~44, S~ries of 1977; seconded by Councilman Van Ness. Appropriation Councilwoman Johnston stated this this money is being appropriated entirely from the to renovate park dedication fund. This project will protect water rights; some of the money should West End come from the water department. Mayor Standley said if the City does the rest of the ditches ditches this year, the water department might be a source of funding for tha~. Councilwoman Johnston asked why the project was now $29Q000 instead of the original $20~000. Finance Director Butterbaugh said that the labor had been included in the project and had raised it $9,000. All in favor, motion carried. ORDINANCE ~44 (Series of 1977~ AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF S29,000 FROM UNAPPROPRIATED PARK DEDICATION FEES FOR RENOVATING WEST END DITCHES was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance #44, Series of 1977, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Van Ness, aye; Behrendt, aye; Hershey, aye; Mayor Standley, aye. Motion carried. BUCHANAN SUBDIVISION - Conceptual Approval ~Subdivision Karen Smith, planning office, passed out plats to the Council. Ms. Smith said that Conceptual Andre Ulrych will build a new Eagle's building on lot 5, and in return he will get the Buchanan Eagle's building as it now exists and will renovate it. Ms. Smith said the planning office initially suggested looking at higher density on lots 3 and 4, transferring the density from the opposite side (Oklahoma Flats) to the south side. The applicant does not want to do this. MS. Smith said that this should not hold the project up. The conditions are; (1) further work be done on lots 1 and 2 ~n order to provide common parking and utility access. Same for lots 3 and 4. (2) A curb cut at the west end of lot 5 may not be desirable. The city engineer noted that the private easements going through lots 3 and 4 and the common lot A may be too narrow. If this is required to be widened, this may have an implication on the parking. (3) The P & Z asked that PMH zoning is looked into. Ms. Smith pointed out the cross-hatched area, which is not in the City. This could be annexed to the City, but that was rejected by the P & Z due to the timetable. The second alternative was to process a subdivision exemption from the City. The problem with this is that the planning office would not like that p~ece of land tO become a new lot in the county. The exemption may be conditioned upon that land beinq dedicated to open space and ri~ht-of-way. Ms. Smith asked Council for conceptual approval wit~..~ further direction to go to P & Z for processinq of the exemption. Andre Ulrych told Council he ~s in the process of getting a contract signed with the Eagle's. The contract calls for Ulrych to build a new Eagle's building. This is a turn key operation; when the new building is 100 per cent complete, the Eagle's will move into it. Remo Lavagnino, resident of Oklahoma Flats, commented about the planning office reserva- tions not ~o have development on the Oklahoma Flats side of the river. Lavagnino stated that this area has only one road which dead ends and serves as botk ingress and egress. Additional traffic generated by any new development will further aggravate this condition. Lavagnino said because of these problems of congestion, the residents requested a zoning chanoe from R-6 to R-30. Ulrych stated he felt lot 1 was an ideal spot for a residence, it is perfectly flat. Ulrych said he felt his plan and configuration had a lot less impact than coming in with 12 units on both sides of the river. Ulrych said he could not mak~ this deal work with a fourplex on the south side of the river. Councilman Behrendt moved to give conceptual approval conditioned upon dedication of lot 6 to the City and a trail easement on the north side of the river, and that the orad down from Gibson be considere~ for a trail easement at the preliminary s~age; seconded by Councilwoman Johnston. All in favor, motion carried. CITY MANAGER 1. Budget sessions. City ~anager ~ahoney told Council there is a deadline of October 15 to have the budget prepared° ~s. Butterbaugh said there will be a new way of presenting Regular Meeting Aspen City Council augusL o, ~,, the budget. Each department will be broken into projects and the Council will get an over-view of each project. The Council should Start about August 25, which will give the City 5 weeks until the. public hearing, which must be held 15 days before October 15. Mayor Standley sent around a priority and concern sheet to be filled out by the Council. This will give Council a chance to have input at the initial budget stage. Mayor Standley pointed out that the County just received $400,000 from EDA, and that he wanted the budget designed with grants being part of the budget process. Mayor Standley said that the City should start going a~essively after grants. Councilwoman Johnston suggested having a person assigned to gran~sman. Mayor Standley stated the administration should go after grants actively. 2. City Hall Basement. Mahoney told Council he needed some funds this year to inquire City Hall into engineering in the basement of City Hall. If the Council is at all interested ~n continuing with City Hall, $3,000 is needed for further engineering studies. Basement Councilman Behrendt moved to give money for this; Seconded by Councilman Parry. Councilwoman Johnston pointed out that it is not budget time. Councilwoman Johnston sa~d that at one time Council had the information on ho~ much the basement would cost. Mayor Standley said he did not want to budget this~;~3 he does not want any more ~mp~Ovements dones to City Hall until the Wheeler Opera House and the Holy Cross building are together. Mayor Standley pointed out that these two buildingS have just gone through a long planning process and City Hall should not be competing for funds. Councilm~n Parry asked if there were any problems created by not looking at this. Engineer Chick Collins said there was no urgency. 3. Solar Heating/James E. Moore Pool. Mayor Standley stated there is a~change coming from the BOR for enclosing outdoor facilities. This p~ol was built with BOR money. This is a good project for BOR funds. Mayor Standley said he thought the school district ought to be involved; they could get a lot of use out of t~is year-round. Mayor Standley Solar Heating asked Mahoney to go to Dick Lee to find out how they could get involved, and also to go James E. Moore to CMC. Pool Councilman Parry said that enclosing this has nothing to do with the heating system. So.~i~heating of 10 per cent would reduce the heating costs. Mayor Standley said the City's variable costs only go on four months of the year. The City has made a capital investment that will be there all year. Councilwoman Johnston said the urgency is that this is the last time the City can get this project at the price offere~ Mayor Standley said there would be the same cost effectiveness if the City goes to BOR. 4. Stevens Land/Little Cloud Purchase. Mahoney asked how much money there was for lan~ acquisitions. Ms. Butterbaugh said there is $16,000 left in dedication fees and $1©7~000 in 6th penny revenues. These are projected revenues. Mayor Standley said there Little Cloud are -two decisions; first, if the Council wants ~o purchase the land, and second to arrange Purchase the funding. Councilman Van Ness moved to acquire the land; seconded by Councilman Behrendt. Councilman Van Ness said this is a very strategic location; it can be seen from almost every place in town. A house all lite up at night would be worse than a neon sign. Councilman Van Ness said he felt this was a much better type of acquisition than going out and buvin~ land in the County. This will benefit everybody: it is a highly visible piece of land. Councilwoman Johnston said she hoped that the land would be restricted to park; Shadow Mountain is very important to the City. Mayor Standley said he would rather take it through rezoning to P, park. All in favor, motion carried. Mayor Standley asked Council how they would like to finance it. Councilman Behrendt said two years at $47,500 per year. ~s. Butterbaugh said she would prefer two payments with no interest. There is money for this year's payment. If the purchase has to be financed next year, then the City can go ahead and do it, Mahoney agreed. Councilman Parry asked if this would jeopardize Aspen One at all. Ms. Butterbaugh answered that~there would be very little funds available. Mahoney said that the Aspen One would not be ready until next January to come to Council with proposals. CounCiiman Parry asked if it would be possible to block off access to the Copperopolis. Councilwoman Johnston said if people are able to develop on either side of the City's property, then it is defeating the reason the City is purchasing it. Councilman Van Ness said that these people can go into Court and get access. Mayor Standley said if the City owns the property, they are in a very good position to annex it and to exert the City's right of condemnation to the Copperopolis. If the City loses and they build on the land, then the City can sell their p~operty. Councilman Behrendt moved to offer Bob Stevens $95,000, that there will be no deed restric- tion, the City will i~sue a letter of condemnation, the City agrees to purchase on payments with no interest and with a Dunchase aoreement; seconded bv Councilman Hershey. All in favor, motion carried. RESOLUTION 910, SERIES OF 1977 Councilman Parry moved t~rea~ Resolution ~10, Series of 1977; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION ~10 (Series of 1977) WHEREAS, as a result of a recent annexation of Alpine Acrss Subdivision there are now two streets named "Silver King Drive" within the City of Aspen, Colorado, and Aspen City Council August 8, 1977 WHEREAS, the owners of land in Alpine Acres subdivision have submitted the name "Matchless Drive" as an alternate, and this name is acceptable to the Aspen Historical Society, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That from and after the effective date of this resolution, the Silver Kin~ Drive found at Plat Book 3 Paae 2 of the Records of the Pitkin County Clerk and Record, shall be designated "Matchless Drive". BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the City Enaineer, Pitkin County Clerk, Pitkin County Assessor various utilities, the U. S. Postal System (Aspen Branch) and all other a~encies relvin~ upon street address in their record kee~in~. Councilman Parry moved to adopt Resolution ~10, Series of 1977; seconded bv Councilwoman Johnston. All in favor, motion carried. RESOLUTION 912, SERIES OF 1977 - Special Election/Rio Grande Property Res. 912 Council decided there is basically no interest in the land trade with the County for Special Wagner Park. There was no action. Election/Rio Grande RESOLUTION ~13, SERIES ©F 1977 - Establishment of a Housing Authority Res. #13 Mayor Standley pointed out that all this resolution does is to appoint all members of Housing Council as a housing authority. Authority Councilman Van Ness moved to read Resolution #13, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. RESOLUTION ~13 (Series of 1977) WHEREAS, a petition for creation of a housing authority was filed with the Aspen City Clerk signed by more than twenty-fi~e (25) persons setting forth that there is a need for a housing authority to function in the City of Aspen; and WHEREAS, notice of a public hearing at which the Aspen City Council would determine the need for such an authority in the City was duly given; and, WHEREAS, on July 25, 1977, a public hearing was held and a full opportunity to be heard was granted to all residents and taxpayers of the City and all other interested persons; and WHEREAS, after such hearing the Council determined ~that there is a lack of safe or sanitary dwelling accommodations in Aspen available for all the inhabitants thereof, NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That there is a lack of safe or sanitarv dwellinc accommodations in Aspen available for all the inhabitants thereof. 2. Notice of this determination and resolution shall be given to the Mayor who shall thereupon appoint all memboers of the City Council as Commissioners being coterminous with their terms of office on the City Council. was read by the City clerk Councilwoman Johnston moved to adoDt~Resolution #13. Series of 1977: seconded by Councilman Behrendt. Councilman Hershey stated he was OPPosed. Councilman Behrendt asked if this could be limited of powers as to Councilman Hershey's doubts. City Attorney Nuttall suggested that when Council convenes as housing authority, they enact whatever Ks necessary to limit themselves. Councilwoman Johnston said the important of doing this is so that the City can qualify for getting grants. Councilman Van Ness said he was voting for this but only because the Council is the body of commissioners and only for the purpose of qualifying for grants. Councilman Van Ness said he did not want the organization to exert any power at this time. Councilman Hershey said said with the stipulations that no additional allocation of money will be~made, i.e. office, salary, etc., and also that the presen~ housing commlssioner will not have any roll whatsoever, then he will ~o alonc with it. All in favor, motion carried. Councilman Behrendt moved to adjourn the Council meetinc at 4:40 p.m.; seconded bv Councilwoman Johnston. All in favor, motion carried. auter, City Clerk Regular ~4eeting Aspen City Council August 22, 1977 Mayor Standley called the joint meeting to order at 12:10 with Councilmembers Wishart, Van Ness, Parry, Johnston, and Hershey; Commissioners Child, Edwards, and Kinsley present. Also present were City Manager Mahoney, C~unty~Manager Ochs, Attorneys Nuttall and Stuller.