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HomeMy WebLinkAboutminutes.council.19770523 A joint meeting of the County Commissioners and the City Council was h~ld at 5:10 P.M. in the Council chambers of City Hall, City of Aspen. Mayor Standley called the meeting to order with Councilmembers DeGregorio, Johnstgn,~ Pedersen, Wishart, parry, Commiss~ ioners Kinsley and Child present. HOSPITAL REQUEST FOR RAW WATER USE ~ Glenn Scott' the director of the hospital, and Terry Oppray, the director of the P~w Water Use - engineering service requested to cut a drainage ditch from the City water processing Hospital Request plant across city land to join with hospital properties. Their'propoSal is to capture the overflow water from the processing plant above the hospital and rub it into a holding lake and use it for irrigation purposes. The water would run at 10 gallons per minute, and the tank holds 450,000 gallons which is more than a months' water. Markalunas is in favor of this project. It was further explained that 30 feet of ~he ditch would flow across City land, 310 across County property. They would like for the agreement to use overflow water ~e'~ewedon a yearly basis with termination by either hospital, City or County and to be renewed automatically if there are no problems. The pond would remain full year round and all unabsorbed water would return to the pond. Councilwoman Johnston moved to have City Attorney Nut~lldraft an agreement. Councilman Parry seconded this motion, all were in favor, and the motion carried. MOTORCYCLE PROPOSAL FOR DUMP Chuck Benne~tproposed to the Councilmembers that the City dum~ area be'used as a Motorcycle motocross track by Aspeni~es. It was p~eviously limited to mOtorcycle club use. Proposal at P~evious City Attorney Sandy Stuller had stated that City insurance cOuld be extended Dump at no additional charge to cover the t~ack as long as it~was not imprOved, races were not organized, no advertisement was pug out, stands were not built, b~t a cover could be charged. Bennett said that the landfill plan can be rewOrked'to be condusive for motorcycle riding and would be a constructive way to get the younger kids involved. The problem of the distance from town was discussed, and one suggestion was that they could possibly.have somewhere to 16ck the motorcycles and ride the bus back into town. These motorcycles cannot be ridden on the streets or highways. They are strickly dirt bikes. The only cost Bennett anticipates is for fencing to protect the adjacent property. Councilman Parry stated that he and Mayor Standley would volunteer to be on a committee to work with the motorcycle group to work with them on this project. Bennett said that he had hoped for some voluntary work to help wi~h this project. Dust is one problem, and sawdust Will be needed in the area to improve the dirt composition. Commissioner Kinsley moved to allow the motorcycles to operate at the dump ground and that the existing contract continue. Councilwoman Johnston seconded, all in favor, motion carried. STEVENS-LITTLE CLOUD PURCHASE Bill Kane of the Planning Office stated that Stevens has the right to build since he has Stevens-Little met all the requirments. Thus, we have the obligation to issue a permit. We are Cloud Purchase suggesting that the City, County, and neighborhood invest 30-30-40,~respectively, toward the purchase of this property. The Planning Office is asking for either proceeding under friendly Condemnation or authorizing an appraisal. In either event, appraisal is necessary. There are 2.1 acres involved in this project. Finance Director Lois Butterbaugh stated that there was $187,000 in land acquisition funds. Councilman Wishart said that the City and County would have to raise the funds since that neighbor- hood would not be able to do so. Councilwoman Johnston said that she would be very interested in pursuing to buy the property, but Mayor Standley felt that there were other land priorities. Councilman Wishart felt we should pursue further, and Councilwoman Pedersen moved to authorize an appraisal of that property by Jim Mollica. Commissioner Ki~Dley stated that he would second the motion with a comment that the property give access to higher property. Mayor Standley stated that he was concerned because noone had expressed an interest in this last year when the asking price was $30,000. Councilman Parry replied that the Pride of Aspen Was still open and.gave access to the same area, he did not feel it was worth it. The motion carried on a vote, with Councilman Parry voting Nay. HOLY CROSS TASK FORCE SUBCOMMITTEE: Youth Problems Margaret Albouy addressed the meeting in regard to the youth problem and access to public Holy Cross Task places of entertainment. She felt we should expand social activities to be &ccessible ~Force - Youth to the youth of the community. Support is widespread in the community. The problem of Problems the state liquor laws was discussed, and it was pointed out that alcoholic beverages cannot be served to anyone under 21, although 3.2 beer can be served to persons from ages 18-21. It also places the responsibility for enforcing this upon the licensed owner. Many entertainment eStablishmentS do not allow people under 21 to enter the premises, and she feels that the young should be made responsible for not being served % Joint Meeting May 23, 1977 CityCouncil/County Commissioners alcoholic beverages if they are under age. She proposed a joint meeting of the owners, City Council Members, Commissioners, and Holy Cross Tas~-~ Force members, and interested public to discuss problems of the enforcement and possible card identification system. Dick Carter stated that the teen center had made an application to expand their center into the Holy Cross Building and began to discuss the problems of the young people in the City and possible solutions. The general consensus was that we should try to work the youth ,into the fabric of the community by. opening up areas that provide entertainment and enjoyment. Wes Pulliot said that architecture is not the solution to the problem, incorporating them into the flow of the community is much more important. Teenage input in the community is the road to giving experience to becoming~adutts. Martin Hershey said that several of the local business owners had expressed an interest in this program and that there had been little negative response. It was felt, however, that this is not a council problem, it is up to the restaurant owners. Councilman De Gregorio said that it is up to entertainment establishment owners who may not want to participate because the kids could not consume alcohol, and the income received from them would be less than an over 21 customer who could drink. Councilwoman Pedersen said that Identification Cards should be issued by the Police Department or the Sheriff and there should be a charge for this. Councilwoman Johnston suggested possibly having the establishments open on a rotating.basis so that not just one place would suffer loss of revenue from alcohol~sales.. ~a~or Standley suggested that the Council continue to work with Margaret and that several of the members had expressed a desire to do so, and anyone interested in working with this project should do so. A-95 REVIEWS A. Snowmass Community/Convention Center Bill Kane explained that an A-95 was being proposed for a 30,000 sq. ft. Snowmass Community/Convention Center which will be built in the location SnowmassConvention of the bus stop on the mall. During Resolution 76-150 there was con- Center sideration of land for a Snowmass Convention Center. Two concerns expressed were: size of the facility which will be 30,000 sq. ft. with 2,000 seats and the location. The Ski Corp would not comment on the application. The Planning Office would recoramend that a provision be added that the bus station would be relocated. The approval sought at this time would allow Snowmass to find funding at this time. Since the project is federally funded, there should be a strong commitment to at-cost use of the facility by non-profit organizations. Commissioner ~sl~~ moved to approve the application, seconded by Councilman Wishart. All members were in favor, and the motion carried. B. Epilepsy Rural Service Delivery Project Betty Erickson reccomended favorable comment on this item. Attention to the 2,353 individuals/~o~the Western Slope with epilepsy is commendable and it is hope~ that this project will be funded. The Pitkin County Human Resource Department wo~l~ like to work with the project coordination in this area. Commissioner K~n~T~y moved to approve the application, seconded by Council- man Wishart. All members were in favor, motion carried. MINI BUS LITIGATION County Attorney Sandy Stuller stated that the District Court has ordered the City/County to negotiate and get a statement to them by June 15th as Minibus to the progress of the negotiations and prospect for ~s~t%l~nt The City Litigation and County should be fully informed on the state of the litigation. They have gone through pre-trial status. A joint work session was set for 5 p.m. on June 2, 1977. A majority of both boards was requested. REGULAR COUNCIL MEETING: MINUTES The regular meeting began session at 6:15 and Councilwoman Pederson moved to approve the minutes of the May 9, and April 25th, 1977 meetings as presented. Councilman Wishart seconded. All were in favor, motion carried. CITIZEN PARTICIPATION Citizen Mike Armstrong, captain of the Aspen Baseball Team, presented a plaque from the team for all the support and help which the Council had given° Mayor Standley con- gratulated the team for a very good season. Citizen Tim Selby asked to be on the next agenda to discuss skateboarding. COUNCILMEMBER CO~ENTS Councilwoman Johnston would like the council to endorse the County ~ir Pollution Air pollution Regulations. She would like to start in motion an Ordinance for fireplace control, regulations Tom~nlbp Environmentalist, stated tha~ he and Citv Attorney Nuttall and Buildin~ Inspector Clayton Meyring would have to start a draft of the Ordinance. The County Ordinance is not effective in the City. Mayor Standley asked them to draft an Ordinance and present it to Council. Councilwoman Johnston also asked for a work session on unresolved business. Mayor Standley stated that it would be appropriate to hold off until the new councilmembers have taken their seats. Councilman DeGregor±o requested that there be no parking overnight on City streets and no cars parekd on the streets with "For Sale" signs. He asked if the Council would be interested in ~nitiationg something to forbid selling vehicles on public property. Mayor Standley stated that regulations do exist regarding this, and are being enforced. Councilman DeGregorio stated that Ted Armstrong, Recreation Director, had extra Handball funds from the Tennis Courts which could be spent to build three wall handball courts. Courts Councilman Wishart would like to see it done instead of the inside rackeball court. Armstrong had anticipated the construction of the tennis court to cost approximately S38,000, but the bids came in at $27,000. With the surplus $11,00~four, three wall handball courts. An additional $5,000 would be needed to complete the project. This would be a non-charge facility. Councilman Wishart moved to have this put on the agenda, seconded by Councilwoman Pederson. All members were in favor, motion carried. Councilwoman Johnston stated that it was hard to make a decision without adequate facts and figures, there may be other priorities. Mayor Standley wanted to see different preferences: handball or racquetball. Councilwoman Johnston stated that some of the young people had requested basketball hoops, and she added that the council had decided not to vote on something the same night it was brought up. Ms. Butterbaugh stated that funds can be transfered between the project in the same department'if Mick Mahoney approves. Councilman DeGregorio moved to place this on the nex~ agenda. Councilwoman Johnson seconded this motion, all in favor, motion carried. Councilwoman Pederson stated that the basketball nets need to be either repaired or replaced, and City Manager Mahoney stated he would replace them with new nets. Mayor Standley introduced a letter from the State 'Highway Department stating that Independence Pass would be closed until sometime in June. Ted Armstrong stated that last December eight acres of land adjacen~ to Iselin Park was committed to the Bureau of Recreation. The State Board approved thirty seven projects and granted the City $100,000 toward acquisition of this property. This would be matching funds. SPECIAL EVENT PE~IT Special Event The Aspen Foundation for the Arts requested a 3-way liquor license for June 11, Permit -Aspen from 5-~ P.M. at the Physics Institute. Councilman DeGregorio moved to approve Foundation for this application, seconded by Councilwoman Johnston. All in f'avor, motion carried. Arts ASPEN ENERGY FORUM Grail Franta proposed that the City pay for City employees to attend the Aspen Energy For~- Energy Forum. It is only $25.00 for Pitkin County residents. Karen Smith stated Pay for City that the Planning Office urged the City's support of sending employees. There were employees thirty employees who attended last year. Mayor Standley said that the City should tuition require attendance if any employee signs up. Councilwoman Johnston moved to approve, seconded by Councilman DeGregorio. All in favor, motion carried. LIQUOR LICENSE RENEWAL Acapulco Gold is requesting renewal of their liquor license. Sanitarian Tom Dunlop Acapulco Gold - requested that their renewal be conditional on some construction items and general liquor license cleaning that needs to be complied with by June 15. Councilman Parry so-moved, renewal seconded by Councilwoman Pederson. All in favor, motion carried. FOURTH OF JULY ACTIVITIES Douglas McCoy as present to discuss proposed activities for the Fourth of July, including Fourth of July a proposed horserace. Bill Smith offered him the use of the out of bounds area in the (Horse Race) center of the golf course between fairway number 4 and fairway number 2. It will be mowed and flattened and a fence put up. With the fence the area can be controlled much easier. This area is about 500-600 ft. wide and abour 3/4 mile long. The members did not forsee any problem with him using this area. McCoy felt-~that this area is much better than what was used last year, this is longer. DeGregorio moved to approve the location of the horse race. Councilwoman Pederson seconded this motion. Councilman Parry asked about the Thomas parking. Bill Smith stated that there is a parking problem, a ditch is being dug there and hay cutting in progress. Councilman Wishart stated that that area was created for passive recreation and that he wanted to see it remain open. McCoy also wanted to raise the revenues of the horse race by selling (Special Event Coors beer. Mayor Standley replied that they would need a Special events permit. ~ Permit) All members were in favor of the use of the Golf Course for the horse rase, the motion carried. RESTAURANT EXTENSIONS INTO THE MALL Mayor Standlsy suggested a blanket approval on floor plans if there were no objections Restaurant from the councilmembers. Councilwoman Johnston asked about R.Pea's side alley. Mayor Extensions into Standley stated we should limit comment to the specific applications. Councilwoman Mall Pederson moved to approve all liquor extension applications conditional upon their R. Pea's, Red being constructed in compliance with the established regulations. Councilman Parry C~ion, Paragon seconded, all in favor. Those applications approved are: Paragon, Red Onion, R.Pea's, City Council Regular meetlng May z3, ±9// and Aspen Mine Commission. BLUE SPRUCE - Park~ing Requirements Ashely Anderson, attorney, is present to discuss this proposal. The Blue Spruce is Robert Scarborough's lodge at Dean Street and MonarCh, which is going to be rebuilt. Parking Require- There are seventeen parking spaces required, which is questionable. Seventeen spaces ments -Blue were provided in the conceptual plan, and the P & Z said six would be .adequate. Spruce The Board of Adjustment felt that if the P & Z is going to change the rule, then it should be changed, not just on an individual basis, but altogether. If City Code 24-4.1 is ±nt~rp~ted'. as only having to provide enough parking spaces as are originally provided then t~e planners would not have to provide any parking spaces. They are asking Council to support that interpertation. City Attorney Nuttall felt that the .code could be i~erp~t~?d both ways. It is valid if Council wishes to support auto disincentive programs,--but this would only be an interim solution. Council should draft an Ordinance to allow some discretion as opposed to continuing to function in a gray area. There is some policy which might be appropriate. Bill Kane was in favor of not requiring all parking spaces. The Blue Spruce is only a block away frOm bus facilities. The transportation should supplant required parking. One of the conditions for reducing the parking would be for the lodge owner to supply a limo service. City Attorney Nuttall felt that the Ordinance in question could be interperted ~o allow only Six spaces. It would be appropriate to draft an Ordinance to give some discretion in looking at parking spaces in the futu~re. Councilwoman Johnston moved that the Council, upon advice of the City Attorney, ~er~r~t the code with regard to replacement structure that the same number of parking places will suffice and that the Council instruct the City Attorney to draw up an Ordinance giving an option in the lodging area as to the number of spaces which should be provided in the case of further building. Councilman Parry seconded. All members were in favor, motion carried. SUBDIVISION EXEMPTION - Doremus duplex Bill Kane of the Planning Office stated that a request for subdivision exemption had Subdivision been made by John Doremus for the purp~ose of condDmi~ing~ In his application he Exe~otion- proposes to conform' to all requirements including the s~x month minimum lease agre- Doremus ement. The existing tenants are owners. The park dedication fee would also be paid. CoUncilwoman Pedersen moved to approve this application subject to the following conditions: the tenants be given right of first refusal, six month minimum lease requirement and payment of the park dedication fees. Councilwoman Johnston seconded this motion, all in favor, motion Carried. CONDOMINIUMI ZATION POLICY Bill Kane of the Planning Office explained that there were two things intended by the Condominiumization policy: 1) condominiumization policy for multi-family structues and 2) a specific Policy dealing with the applications before the Council right now. Brian GOodheim has one. view and the Planning department has another. There is a moritorium on condominiums until the City develops a policy. The Planning Office feels that the long range economic effects are not really definite, and the concerns are adequately addressed by providing the six month minimum lease restriction and exclusive right of first refusal at fair market value which must be published at the time the application is made to renters. This is one way of protecting the potential renters. Brian Goodheim agreed with the two areas intended by the policy. Persons of moderate income are displaced by persons of a higher income. Persons of a longer tenure are displaced by those with a shorter tenure, and 63% of the renters are forced to move. Loss of the rental market should be avoided. Brian Goodheim proposed that assurances be given at condominiumization that the units will be made available to renters and employees and persons of moderate income. City Attorney Nuttall stated that the two fundamental problems with an Ordinance would be 1) not using zoning to include or exclude a particular economic group and 2) there are problems when you deal with the form of ownership. She did not feel Kane's policy would have many problems, but Goodheim's concept becomes grayer and grayer and the County could be used as a model. She feels that this policy would make condominiumization almost impossible. Kane defined condominiumization as a form of subdivision, they are all physically related. Councilwoman JOhnSton was reluctant to decrease the rental market at this point, but Mayor Standley feels that a decision is necessary at this point. Kane further explained that three units represent a multi-family Structure. City Attorney Nuttall feels that the policy Should be clarified, and decide whether pending applications should be retroactive. She recon~ended against this. Councilwoman Johnston favored discouraging Condominiumization, and councilman DeGregorio would like to consi~d~r each project on its own merits. Each project should have a detailed review, but Mr. VanNess felt review tended to add to the costs Of the condominiums which is passed on to the purchaser. An~ ~a~rtin~.Hershey felt that a policy cannot be established to cover everything. Goodheim still feels that an applicant should have to show that the condominium woUld not displace workers as a~ requirement for exemption. Kane supported the case by case review which would analyze displacement factors. Mayor Standley recommended incorporating the two elements p~oposed by the Planning Office, that anything above a duplex is considered multi-family condominium, and deal with each ~ndivi-d~l~· on a case by case basis, thus not developing a rubber stamp policy. Retro- activity was decided against. Councilman Parry moved that City Attorney Nuttall dra'ft an Ordinance based on the above four elements, second, ed by Councilman DeGregorio. All in favor, motion carried. ~--~ ........ i~ul~i lvl~eslng May 23, 1977 1 ) AEM Conceptual i ~ Attorney Lenny Oates stated that the Planning Office had approved the AEM conceptual Subdivision ~i- plat. This is a full subdivision which was denied exemption. The planners came back A~M with a conceptual plat which was.~ ~roved and they are now requesting the same approval from the City Council. They have met the r~quirements set forth by the Planning Office. Councilman DeGregorio moved for conceptual approval, contingent upon fulfillment of the conditions established as policy. This was seconded by Councilman Wishart, all in favor, motion Carried. 2 ) JACOBIE Oates, once again representing the applicant, stated that this proposal is basically Conceptual very similar to the AEM applicatiO·a. Subdivision- Jacobie Councilwoman Pedersen moved to approve the conceptual on recommendation from the Planning Office, seconded by DeGregori0. All in favor, motion carried. 3 ) CV ASSOCIATES Conceptual Kane stated that a condominiuzati0n requeSt for a four unit building on the Clark Subdivision- subdivision had been received by the Planning Office. The Planning office recommends CV Associates approval with some technical errors corrected. DeGregorio moved to approve, seconded by Councilwoman Pedersen. All in favor, motion carried. GROWTH MANAGEMENT PLAN Bill Kane presented a review of the Growth Management Plan (GMP). In 1966 the first Growth Aspen area Master Plan was adopted. This was a. guide to the physical development of Manag~ent Plan the community. Aspen and Snowmass were originally conceived of as individual and self-sufficient enti~e's. In 1975 amendments were· adopted which looked at the Aspen metro area from the airport into town as far· as transportation and housing were concerned. A timing mechanism was established. One of the tenets3of that plan was to take 80 percent of the buildout and phase it over 15 years. The 1973 Pitkin CoUnty Commissioners Action Plan called for the establishment of a quota system for which an Ordinance was written. The Aspen Land Use Plan of 1973 wanted to hold the rate of growth and insure that the groWth rate met the policies of the land use plan. In December 1975 we presented our first draft of the Growth Management Plan. It was conceived of as a residential control plan. In December 1976 we presented the second ~ draft which was broadened to include impacts on utilities, etc. Our third draft sets .~ up a policies and guidelines which are workable. This plan is predicated for the City ! on the proposal to set up a quota ordinance whereby subdivision applications would come before the City once or twice a year. They would be reviewed on Seventeen criteria. Those that score best are approved, the others are not. The plan envisions four areas: Aspen, Aspen metro area (everything from the airport towards town), Snowmass and Brush Creek, and Downvalley. The plan is to limit building in Aspen to 57 units per year. Skiing goals are outlined in the plan. Mayor Standley praised the Planning Office for their hard work, and for spending so much time incorporating theoretical ideas and public input. Councilwoman Johnston praised the two P & Z Commissions for sitting through innumerable meetings. Mayor Standley stated that a study session would be set up when the new council members take their seats. CITY MANAGER ChaUcer of City Manager Mick Mahoney asked that Geraldine Fox be granted permission to hold the Cc~rmerce picnic annual Chamber of Commerce picnic and that it be added to the agenda. Councilwoman Johnston so moved, seconded by Councilman Parry. All in 1favor, motion carried. Councilwoman Johnston suggested that the tennis courts be provided for free to the Chamber of Commerce for this picnic. Ms. Butterbaugh stated that the City has an explicit agreement With the Plum Tree Inn, that all revenues will be given to the Inn. Mayor Standley, however agreed that the golf course and tennis courts should be free. If the percentage has to be covered, then the cost could not be that exorbitant. Councilwoman Johnston moved to provide the golf course and tennis courts free of charge to the Aspen Chamber of Commerce for their annual picnic on June llth. Councilwoman Pedersen seconded. All in favor, motion carried. Rio Grande Land Trade Kane discussed the long range plan for the Andrew's property. There are two alternative Rio Grande la, id sites for the performing arts center which will be 30,000 square feet and 600 seatS. trade/Andrew 'is The parking needs to be improved and two softball fields developed in that area. These property are low budget approaches. We have an opportunity to allow a 36,000 square foot building, two levels, with parking in exchange for the three bu~ildings on Mill Street. The advantages are to be able to have a nice area on Mill Street. Th~ 36,000 ft. building is the last piece of SCI land. Mahoney asked if Council would authorize the City to ~ continue with the negotiations. Wishart moved to approve, seconded by Pedersen. ~ Mayor Standley stated that this is the most acceptable way in which to improve the land by getting rid of the Mill St, buildings. DeGregorio voted nay. All others in favor, ~,~i motion carried. Eagles' Land Trade Land Trade - Kane presented a proposal to the Council whereby Andre Ulrych of Andre's wants to use Eagle's the Eagle's building, the Eagles would buy the Buchannan property, then trade for our panhandle property. Ulrych explained that the contracts had been signed today with Buchannan. The problem was that the Eagle's wanted a building in town ~ith 7,000·~-~sq. feet. Councilman Wishart moved to approve the exchange, seconded by Councilwoman Pedersen. Mayor Standley stated that City Attorney Nuttall would have to investigate. All members were in favor, motion carried. Rio Grande Playing Field Mahoney presented three plans for the Rio Grande Playing Field: A) close Spring Street Rio Grande and use f~ll dirt entirely from Red Mountain which would be free; B) use cut and fill playing method and C) just cut. He explained that there is $20,000 in the 1977 budget with field which to build this project. Councilman Wishart commlented that it would be better to cut more and fill less. A natural amphitheatre could be created and he felt plan B was the best. Kane stated that plan B would be an intermediate solution. Wishart moved to pursue plan B as funds and fill are available. Councilwoman Pedersen seconded this motion. Mayor Standley asked if this implied closing Spring Street. Kane felt that a master plan should be developed before work is completed. Councilwoman Johnston stated that Spring Street can be closed by motion only, not requiring an Ordinance, because it is not a dedicated right of way. Councilwoman moved to close Spring Street and approve plan B, seconded by Councilman Wishart. All in favor, motion carries. Swales Lease - Wheeler Opera'House Mahoney discussed the Swales lease in the Wheeler Opera Hohse with the councilmembers, as Wheeler Opera he does not feel the terms of the lease are being met. City Attorney Nuttall further House - Swales explained that the breach in question ~s an alleged sublease. The City will not know lease the merit of the case until action is filed. There will be no effect on the existing sublease which goes through March of 1981. Mayor Standley stated that the City Manager and City Attorney will pursue this under their respective jobs. City Hall Renovation Mahoney informed the council that the City is continuing with the third floor project and so far it is coming in under budget. It is only about three weeks behind the City Hall projected schedule and offices should begin moving June 2 and 3rd. He feels the sky- I~_D~vation lights are very attractive and went over what offices would be moving where. There as a plan to build a conference room behind the council chambers. ORDINANCE ~23, Series of 1977 Exterior Access Councilman Wishart moved to read Ordinance a23, Series of 1977, seconded by Councilwoman Ord. ~23 Pedersen. All in favor, motion carried. Exterior Access/ ORDINANCE ~23 P~ps (Series of 1977) AN ORDINANCE AMENDING SEC. 7-141 OF THE ASPEN MUNICIPAL CODE (A~NDMENTS TO THE UNIFORM BUILDING CODE, 1976 EDITION) BY THE ADDITION OF SUBSECTION (t) WHICH SPECIFIES REQUIRED SLOPE FOR RAMPS AND FURTHER PROVIDES THAT STAIRWAYS WITH A MAXIMUM RISE OF 7½" AND A MINIMUM RUN OF 36 INCHES SHALL ALSO FULFILL THE REQUIRE- MENTS OF THIS SUBSECTION was read by the Deputy City Clerk Councilwoman Johnston moved to adopt this Ordinance on second reading, seconded by Councilman Wishart. Mayor Standley opened the discussion. Councilman Parry did not feel that this Ordinance solved the problem since it is only stated that a ramp can be substituted by stairs. Mayor Standley stated that external access has ~o be pro- vided internally it would not make a difference. Councilwoman Pedersen felt that this Ordinance would create encroachment requests. A roll call vote was called: Council- members Wishart,aye; Pedersen,aye; Johnston,nay; DeGregorio,aye; Parry,nay and Mayor Standley, aye. Motion carried. ORDINANCE ~24, Series of 1977, Smoking Councilwoman Johnston made a motion to read Ordinance #24, Series of 1977, the Smoking Ordinance. This was seconded by Wishart, all in favor, motion carried. Ord. ~24 ORDINANCE ~24 Smoking (Series of 1977) AN ORDINANCE AMENDING THE ASPEN CRIMINAL CODE BY ADDITION OF SECTION 13-32 WHICH SAID SECTION PROVIDES FOR SMOKING AREAS TO BE ESTABLISHED IN PUBLIC OFFICES, PUBLIC MEETING PLACES, RESTAURANTS, AUDITORIUMS, ARENAS AND THEATERS AND PROVIDING THAT VIOLATION OF THIS ORDINANCE WILL SUBJECT VIOLATOR TO A FINE NOT EXCEEDING $300.00 OR IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH SUCH FINE AND IMPRISONMENT was read by the Deputy Clerk. Councilwoman Pedersen moved to adopt Ordinance a24, Series of 1977, Smoking Ordinance on first reading, seconded by Councilwoman Johnston. Councilman Wishart stated that the ordinance does not prevent a bar from being entirely open to smoking if a sign is posted. He pointed out that the ordinance does not require a "non-smoking"area. A roll call vote was called: Councilmembers DeGregorio, aye; Johnston, aye; Parry, nay; Wishart, nay; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~25, Series of 1977, Bicycle. Licensing Councilwoman Johnston moved ~o read Ordinance ~25, Ser~es of 1977, Bicycle Licensing. Ord. ~25 Councilman Wishart seconded, all in favor; motion carried. Bicycle Licensing ORDINANCE #25 (Series of 1977) AN ORDINANCE REPEALING AND REENACTING CHAPTER 6 OF THE ASPEN MUNICIPAL CODE CONCE~qING BICYCLES;PROVIDING FOR VOLUNTARY ~REGISTRATION OF BICYCLES was read' by the Deputy City Clerk. Councilwoman Pedersen stated that the license plates should be used up before decals are used, and City Attorney Nuttall felt decals were better because they are registered with the FBI. Mayor Standley stated that Section 6-3 should be modified for the second reading. They councilmembers felt that license plates should be free. Councilwoman Johnston moved to adopt Ordinance #25, Series of 1977 on first reading, seconded by Councilman Parry. A roll call vote was called: DeGregorio, aye; Johnston, aye; Parry, aye; Wishart, aye; Pedersen, aye; Mayor S~tandley, aye. Motion carried. ORDINANCE #26,Series of 1977 . Ratifying Towing Cont'ract Councilwoman Pedersen moved to read Ordinance 926, series~ of 1977 on the Towing Ord. 926 Contract, seconded by Councilman Wishart. All in favor, motion carried. Ratifying Tow Contract ORDINANCE 926 (Series of 1977) AN ORDINANCE RATIFYING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND AIRPORT AUTO CENTER AND DILLINGHAM V.W. & TOWING SERVICE, INC. ("CONTRACTORS"), PROVIDING FOR TOWING AND STORAGE SERVICES TO THE CITY FOR A PERIOD OF ONE YEAR; WHICH AGREEMENT IN- CORPORATES A SCHEDULE OF CHARGES FOR SUCH SERVICES; REQUIRES THE LISTING OF CERTAIN INFORMATION ON VEHICLES TOWED AT THE TIME OF BILLING;PERMITS THE CITY TO CANCEL A TOW. AT ANY TIME BEFORE A VEHICLE IS ATTACHED TO A TOWN TRUCK;REQUIRES THE CONTRACTORS TO IDEMNIFY THE CITY AGAINST CLAIMS FOR LOSS AND. INJURY RESULTING FROM SERVICES CONTRACTED FOR;~ AND FURTHER REQUIRES THE CONTRACTORS TO PROVIDE INSURANCE COVERAGE, ALL AS MORE SPECIFICALLY PROVIDED THEREIN was read by the Deputy Clerk. Councilwoman Johnston wanted a daily or weekly] list of tows to be made available. Mayor Standley percieved bad will in the City from the towing contract - and felt it reflects back to the city when a car is towed and the person cannot locate their car. Mayor Standley wanted the Ordinance tabled until the section on notification could be better clarified. Notification process should start immediately upon a vehicle being towed. Councilman Hershey stated that it would be a good idea to table this ordinance until City Attorney Nuttall could clarify these items. Councilwoman Pedersen moved to table Ordinance 926, secOnded by Councilman Wishart. All in favor, motion carried. ORDINANCE 927, Series of 1977 - Zoning Certain Properties R-15 Councilwoman Pedersen moved to table Ordinance #27, Series of 1977 on Zoning Certain Ord. 927 Properties -R-15, pending modification. CouncilWoman Johnston seconded. All in favor, Zoning Certain motion carried. property R-15 ORDINANCE 928, Series of 1977 - Square Footage Limitations Ord. 928 Councilwoman Johnston moved to read Ordinance 928, Series of 1977 on Square Foot Scot, re Footage Limitations. Councilman Wishart seconded. All in favor, motion carried. Limitations ORDINANCE 928 (Series of 1977) AN ORDINANCE AMENDING SECTION 24--3.6 (b), (c), and (d) OF THE ZONING CODE OF THE CITY OF ASPEN WHICH AMENDMENTS SPECIFY USE SQUARE FOOTAGE LIMITATIONS WITHIN THE COMMERCIAL DISTRICTS, INCLUDING THE SERVICE/COMMERCIAL/ INDUSTRIAL DISTRICT was read by the Deputy Clerk. Councilwoman Pedersen moved to adopt Ordinance ~28 on first reading. Councilman Wishart seconded. A roll call vote was called: DeGregorio, aye; Johnston, aye; Pedersen, aye; Wishart, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE 929, Series of 1977 - Basements included in External FAR Ord. 929 Councilwoman Pedersen moved to read Ordinance 929, Series of 1977 on Basements included Bas~_nts inc. in the external FAR. Councilwoman ~ohnston seconded. All in favor, motion carried. in E~ternal FAR ORDINANCE 929 'r (Series of 1977) AN ORDINANCE AMENDING SECTION 24.7 (e) (2) OF THE ZONING CODE OF THE CITY OF ASPEN WHICH AMENDMENT SPECIFIES WHEN BASEMENTS, ~ SUBBASEMENTS, PARKING AND AREAS DEDICATED TO MECHANICAL OPER- · ~ ATION OF BUILDINGS IS INCLUDED IN EXTERNAL FLOOR AREA RATIO CALCULAT IONS was read by the Deputy Clerk. Councilwoman Pedersen moved to adopt Ordinance #29 on first reading, seconded by Councilman Wishart. A roll call Vote was called: DeGregorio, aye; Johnston, aye; Parry, aye; Wishart, aye; Pedersen, aye; Mayor Standley, aye~ Motion carried. City Council Regular Meeting May z3, ±~// ORDINANCE ~30, Series of 1977 - Changang FARs in CC, N/C, and S/C/I Councilwoman Pedersen moved to read Ordinance ~30, Series of 1977, seconded by Ord. ~30 Councilman Parry. All in favor, motion carried. Changins FARs in CC, N/C ORDINANCE ~30 S/C/I (Series of 1977) AN ORDINANCE AMENDING SECTION 24-3.4 (AREA AND BULK REQUIREMENTS) BY REQUIRING IN THE CC DISTRICT AN EXTERNAL FLOOR AREA RATIO OF 1.5:1 WITH AN ADDITIONAL 0.5:1 ALLOWED FOR RESIDENTIAL USE CON- STRUCTED IN CONFORMANCE WITH A DULY ADOPTED HOUSING PLAN; BY REQUIRING IN NC (PUC) DISTRICTS AN EXTERNAL FLOOR RATIO AREA OF 0.5:1; AND BY REQUIRING IN S/C/I DISTRICT AN EXTERNAL FLOOR AREA RATION OF 1:1 was read by the Deputy Clerk. Councilwoman Pedersen moved ~o adopt Ordinance ~30 on first reading. Councilman Wishart seconded. A Roll call vote was called: DeGregorio, aye; Johnston, aye; Parry, aye; Wishart, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. RESOLUTION 99, Series of 1977 Appointing Deputy Municipal Judge Councilwoman Pedersen moved to read Resolution ~9, seconded by Councilman Wishart. All an favor, motion carried. Res. #9 Appointing RESOLUTION ~9 Deputy Municipal (Series of 1977) Judge - Kahn WHEREAS, pursuant to Section 7.2 (b) of the Home Rule Charter of the City of Aspen, the City Council may appoint a Deputy municipal Judge, and WHEREAS, the City Council wishes to appoint Martin H. Kahn a Deputy Municipal Judge to serve when called upon to act by the Municipal Judge or the Council, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That Martin H. Kahn is hereby appointed as a Deputy Municipal Judge and shall so serve when called upon to act by the Municipal Judge or by City Council. 2. Martin H. Kahn shall be compensated for services rendered at the rate of S35.00 per hour. Councilwoman Johnston moved to adopt Resolution #9, on first reading. Councilman Wishart seconded. All in favor, motion carried. MAYOR'S DEED - Dorothy Shaw Councilman Parry moved to adopt the Dorothy Shaw Quit Claim Deed for LOTS D,E,F,G,H, and I, of Block 48, City and Townsite of Aspen. Councilwoman Johnston seconded. All Mayor's Deed an favor, motion carried. Shaw ORDINANCE ~32, Series of 1977 Holy Cross Franchise City Attorney Nuttall stated that there are two agreements and an Ordinance that constitute. Ord. #32 the Holy Cross Franchise. Councilman Wishart moved to read Ordinance ~32, seconded by Holy Cross Councilman Parry. All in favor, motion carried. Franchise ORDINANCE =32 (Series of 1977) AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, TO HOLY CROSS ELECTRIC ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE MAINTAIN AND OPERATE WITHIN AND THROUGH A PORTION OF THE CITY OF ASPEN HEREIN DESCRIBED, ALL NECESSARY NEEDFUL AND CONVENIENT POLES, POLE LINES, POSTS, WIRES, TRANSFORMERS, GUY POSTS AND GUY WIERES, APPARATUS, APPLIANCES AND WORKS, FOR THE PURCHASE, GENERATION, T~NSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE INHABITANTS OP A PORTION OF THE CITY OF ASPEN HEREIN DESCRIBED, FOR LIGHT, HEAT AND POWER OR OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES, STRUNG THEREON, OR OTHERWISE, ON OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS, ALLEYS VIADUCTS, BRIDGES ROADS, LANES AND OTHER PUBLIC WAYS AND PLACES IN SAID CITY OF ASPEN, AND FIXING THE TERMS AND CONDITIONS THEREOF was read by the Deputy Clerk. Councilwoman Pedersen moved to adopt Ordinance ~32 on first reading. Councilman Wishart seconded and a roll call vote was called: DeGregorio, aye; Johnston, aye; Pedersen, aye; Wishart, aye; Parry, aye; Mayor Standley, aye. Motion carried. Councilwoman Pedersen moved to approve the Holy Cross Agreement, seconded by Councilman Parry. All in favor, motion carried. Councilwoman Pedersen moved to approve the bill of sale, seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE 931, Series of 1977, Water Plant House Renovation Ord. ~31 Water Plant~ouse DeGregorio moved to read Ordinance ~31. Seconded by Parry. All in favor,motion carried. Renovation 222 1 City Council Regular Meeting May 23, 1977 ORDINANCE ~31 (Series of 1977) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,000.00 FROM EXCESS REVENUES IN WATER DEPARTMENT (PLAIN INVESTMIENT FEES) FOR MOVING AND RENOVATING A HOUSE TO BE USED FOR SECURITY AT WATER PLANT was read by the Deputy Clerk. Councilman Parry moved to adopt Ordinance ~31, on first reading. Councilwoman Pedersen seconded. Councilwoman Johnston felt that the moving should not be paid for by plant investment fees, it should be paid for from the general fund. Rent should be charged in vmew of the fact that someone is going to live there. Public funds should not be used. Mayor Standley said that this ms an investment in.the water plant. Ms. Butterbaugh stated that this ls an asset of the water department and thus the water department should pay for it. A roll call vote was called: DeGregorio, aye; Johnston, aye; Parry, aye; Wishart, aye; Pedersen, aye; and Mayor Standley, aye. HOLY CROSS EASEMENT AGREEMENT Holy Cross City Attorney Nuttall stated that Holy Cross had to get an agreement to cross variance Easement tracts of land out at the Airport Business Center. Mayor Standley asked for Council to authorize City Manager Mahoney to sign the agreement. All in favor, motion carried. Councilman Parry moved to adjourn at 9:45 p.m. seconded by Councilman DeGregorio. All in favor, meeting adjourned. Elisabeth Sherrill, Deputy City Clerk