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HomeMy WebLinkAboutminutes.council.19760913Regular Meeting Aspen City Council September I3;1976 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley called the meeting to order at 5:25~p.m. with Commissioners Kinsley, Shell- man and Edwards, Councilmembers Behrendt, Wisha~t, Johnston, Parry, and Pedersen were present. 1. Public Facilities Plan City/County planner Bill Kane told Council and the Commis- sioners there would be a citizens advisory board, representing as many points of view as possible, to recommend what to do about the public buildings. This group will repre- Public sent three bro~d sectors of the community; cultural organization, community services, and Facilities educational 6rganizations. Kane submitted a work program to define the role of the board. Plan Betty Erickson stated that the chairman of the steering committee who had worked with the League of Women Voters on a community center had been included. Councilwoman Johnston asked if there would be in any budget requests. Kane answered this was a planning exercise, and just in-house staff, John Stanford, Betty Erickson and Kane would be used. Commissioner Shellman stated he was in favor of this plan. Councilman Wishart moved to approve the plan'~ seconded by Councilwoman Johnston. All in favor, motion carried. Council and the Commissioners decided to le~ the software evolve out Of this planning process. Kane presented Council and the Commissioners with a Pitkin County almanac, which repre- sents key charts and information that are indices of growth in Pitkin County. 2. Trail Agreement. George Ochs presented the agreement, which outlined that the City will maintain the parks, and the county will maintain the trails and trail construction. The City cannot police Fisherman Park because it is outside the City limits. The City Trails and County will budget for their respective duties specified under the agreement. Agreement CommIssioner Edwards asked about easements; there has been no conveyance to the county of any easements for trails built in the City. City Attorney Stuller stated that just a maintenance agreement was asked for. Councilman Wishart said he felt the easements should be a case by case question, and should be treatSd separately from a maintenance agreement. Councilwoman Pedersen moved to read Resolution #10, Series of 1976; seconded by Councilmar Wishart. All in favor, motion carried. RESOLUTION =10 (Series of 1976) WHEREAS, there has been tendered for Council consideration a "City of Res.10 Aspen/Pitkin County Joint Maintenance and Policing Agreement" the terms of which Joint the City Council find appropriate, and Maintenance Agreement/ WHEREAS, Section 13.5 of the Aspen Home Rule Charter requires that when Trails the City shall enter into contracts or agreements with other governmental units for the furnishing or receiving of services that such agreements be ratified by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby approve the terms of that "City of Aspen/Pitkin County Joint Maintenance and Policing Agreement", a copy of which is attached hereto and incorporated by this reference, and does further authorize the mayor, Stacy Standley III, to execute it on the City's behalf, was read by the city clerk Councilwoman Pedersen moved to adopt Resolution #10, Series of 1976; seconded by Councilma Wishart. All in favor, motion carried. Commissioner Shellman moved to approve the joint trails agreement and authorize the chairman to sign it; seconded by Councilwoman Pedersen. All in favor, motion carried. 3. City/County Involvement in NWCCOG. Mayor Standley stated that COG had been a problem for a period of time. Commissioner shellman had made an attempt to define what COG was about and make it effective. The idea of COG was to get money passed through to local governments. A couple~of years ago, NWCCOG had 20 to 25 per cent in administrative COG salaries and 75 per cent passed through to local governments. Now this is almost reverse~ Involve- There is not much policy coming down from COG. ment in Mayor Standley submitted a printout regarding the distribution of funds. Pitkin County gets the'least money of any county. Pitkin County belonging to COG does represent a $13-15,000 commitment on the part of the city and county. Mayor Standley suggested that the Council and Commissioners discuss redefining COG, or dropping out of NWCCOG. Commissioner Shellman pointed out that every single grant applied for by Pitkin County is subject to A-95 reviews by COG. Also Pitkin County gets a chance to review grants for other counties. Some good information has been obtained this way. Shellman said that the leadership of COG may be the source of the problem. Commissioner Kinsley said he did not have a clear idea of how badly Pitkin County may be injured in terms of getting Federal funds if they drop out of COG. Kinsley stated that withdrawing from COG would eliminate participation in the development of the health systems plan. Shellman pointed out that Pitkin County got along without Federal funds before Pitkin County had any. Mayor Standley said for the S13.000-15,000, Pitkin County could hire some body to work basically as a grantsman. Mayor Standley suggested also having a workshop of the COG executive board to find out if there is general dissatisfaction. Commissioner Edwards said this should be expanded to illustrate that COG hasn't done anything except build up their staff and shuffle A-95 reviews around. Kane pointed out that the City and County should investigate the legal and planning aspects of withdrawing. The water quality program would certainly be affected if Pitkin County withdrew. Commissioner Shellman stated that the only adopted policy that COG has Pitkin County wrote. This policy requires a pass through of funds to the local governments. This policy has never been ~hanged. Shellman stated he felt it was dangerous to get out of COG and possibly not useful. Shellman suggested that Pitkin County needs to put together a legalistic argument. Mayor Standley said that Pitkin County should get the work prograr and budget and deliver them to the city and county attorneys for a study. 4. Bicycle Trail Easement/Zoline. Jeff Davis showed a map of the proposed bicycle trail and the suggested easement. Davis stated that Pitkin County was trying to get a bicycle path from Castle Creek bridge to the Airport Bus~ness Center. Pitkin County has to Zoline - get an easement from Joe zoline; Zoline wants to exchange a tract of land for thise ease- Bicycle ment. This tract is about 1.6 acres of land on the top of a hill and would straighten Easement out Zoline's property line. Commissioner Edwards stated this land is scrub brush knoll that sticks up. It is inaccessible from anything except Zoline's property. Councilman Behrendt moved that the City and County authorize City Attorney stuller to go ahead with that offer with restricted development rights on this particular site, conditioned on giving a trail easement to the city and county; seconded by Councilman Wishart. All in favor, motion carried. 5. A-95 Review - Migrant and Seasonal Farm Workers. Betty E~ickson had recommended a negative comment; it does not seem justifiable to include Pitkin County in this request. A-95s Councilman Behrendt moved to forward this with a negative comment; seconded by Councilman Wishart. All in favor, motion carried. 5. 1977-78 State Highway Requests. City Engineer Dave Ellis stated this is an annual request through COG. Last year two requests were made; (1) reconstruction of highway 82 in the city, and (2) reconstruction of highway 82 from Aspen to Aspen Village. The Highway 82 section within the city has been funded for $)50,!00 and will be completed next summer. A-95 Ellis stated he was of the opinion that reconstruction of highway 82 from the city limits to Aspen Village should be the number one joint request. The second request would be for a bicycle path. The third request, which might be unnecessary if Pitkin County gets the bicycle grant, would be a wide shoulder on the westbound lane between Aspen and Difficult campground. The bicycle grant would be for a bicycle path from Difficult to the Airport Business Center. George Ochs stated the plan for the bicycle path is to have a continuous non-vehicluar alignment from the Airport Business Center to Difficult and to include the bicycle path alignment from the music school to the Rio Grande. This would give an alternative to riding a bicycle down the Castle Creek road. Included in this grant is some hard- ware such as bicycle racks, parking areas, shelter racks to make it a real system that would encourage people to use it. Ochs stated that Pitkin County had been encouraged by the stated to apply for this grant. It would be 90 per cent contribution from the Federa Highway Administration. Councilman Behrendt stated he felt that bicycle paths next to the highway are dangerous and not used. Councilman Parry said he would like to see the highway widened for use of bicycles. Councilman Wishart moved to recommend the requests for improvements to Highway 82 from Aspen to Aspen Village, and for a total bicycle grant and to drop the widening of Highway 82 to Difficult; seconded by Councilman Behrendt. All in favor, motion carried. 6. Recycle Report. George Ochs pointed out that in a memorandum from the Resource Recycle department, permission was requested from the City to locate a recycle shelter behind City Hall. Councilman Wishart objected to this, stating it would generate a lot of traffic. Mayor Standley agreed and suggested the recycle center might be placed on Recycle the Rio Grande porperty. Councilman Behrendt suggested that the administration work with the recycle people and come up with a test site. COUNCIL MEETING Mayor Standley called the meeting to order at 6:45 p.m. with Councilmembers Behrendt, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney and City Attorney StulLer present. MINUTES Councilwoman Pedersen moved to approve the minutes of the August 23, 1976, meeting; seconded by Councilman Behrendt. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston asked why there were so many unauthorized purchase orders. Finance Director Butterbaugh answered that it was getting late in the budget year and departments were more pressed about completing project. Ms. Butterbaugh stated she was watching the budget and is not worried about the number of unauthorized purchase orders. Councilwoman Johnston moved to approve the accounts payable; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION 1. Mike Hunter said it had been six months since he last suggested to the Council that they name something in the City for Spider Sabich. Mayor Standley told Hunter to give the city some suggestions in writing. 2. Richard Scales, representing the Environmental Task Force, submitted a resolution from ETF prohibiting keeping of certain wild animals as pets within the city limits. Scales asked that the Council consider this and have a resolution drawn up which would ETF incorporate the suggestions from ETF. Mayor Standley suggested that someone from Council Resolution work with City Attorney Stuller ~o get this into resolution form. Councilwoman Pedersen Wild Animals said she would do it. 3. Robin Ferguson told Council he had been a recent victim of the $30 connection charge for water. Ferguson said Ms. Butterbaugh had explained this is to cover the cost of the paperwork. Ferguson stated he felt this was another burden upon renters, making a total of $50 to move into an apartment. Mayor Standley said he shared Ferguson's concern but Electric the City had to have a way to collect the utility bills. If there is no deposit, then connect everybody has to pay for those that don't pay. charge 4. Rick Booth~, representing a group of craftsmen in the Valley, said he would like to negotiate for space in the lower level of the Wheeler Opera House. Boothe stated he understood that CMC was moving, and they would like that space. Boothe stated he felt that Aspen ~s rapidly becoming a commercial city, and the craftsmen need a chance to Space at the operate. Mayor Standley told Boothe the was to deal with this problem is through the Wheeler for board for community facilities. Mayor Standley told Booth to submit a proposal in writi~ craftsmen to the City Manager. The Council will consider all proposals submitted when the space becomes available. 5. Whitney Miller, representing the Aspen Foundation for the Arts, told Council he had addressed the Mall Commission on a cooperative effort for art in the mall. Miller stated he had reason to believe that if the City Council would appropriate some funds for an Art in Mall art program in the mall, Aspen Foundation for the Arts may be able to get a grant. Miller asked that Council give consideration for this in the budget. Mayor Standley told Miller to put this request ~n writing so that it could be considered as part of the mall budget. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston stated she hoped that the City would again advance $100 for Ski pass the ski passes to City employees. This will be considered on the September 27 agenda, advance 2. Councilwoman Pedersen asked if the administration had been trimming the bushes at intersections. City Manager Mahoney told Council he had given the task to Bill Smith, and they will continue to cut back stop signs at time permits. 3. Mayor Standley said he had been out to look at ditches and projects in the city that aren't r~dily apparent. Mayor Standley stated he felt it would be useful for Council to schedule a Saturday morning and look at all the projects worked on this summe~ so that Council has an idea of there the money is going. STUDENT COMMENTS There were none. TEEN CENTER CONTRIBUTION Sandy Herron told Council she had $2,000 from the Aspen Requet Club professional tennis Contributior tournament to donate to the youth center. Ms. Herron stated she hoped that the city to Teen would get some place for the kids to do something, especially at night. Ms. Herron said Center hopefully this donation will generate some activity and get the project started. SPECIAL EVENT PERMIT - Condominium Manager's Association - Aspenfest Special Mike Norton was seeking permission and approval to have the second Annual Aspenfest on Event October 2 from 1 p.m. until 6 p.m. Norton stated this is an activity for people that Permit/ live and work in Aspen, and that Aspenfest could be combined with the official dedication Aspenfest of the mall. Councilman De Gregorio stated that Aspenfest last year was not policed very well and a lot of kids underage were drinking. Norton stated he felt they had learned a lesson about organization and policing. This year they will be much more aware of the problems. Councilman Behrendt moved to approve the 3.2 special event permit for Aspenfest; seconded by Councilman De Gregorio. All in favor, motion carried. Mayor Standley said regarding the dedication of the mall at the same time, designer Tony Coleman is not sure that all items in the mall will be put down by that time and wanted the dedication put off until Thanksgiving. Mayor Standley said he and the City Manager would endorse having the dedication in October as it would be for the locals. Councilman Behrendt moved to include the mall dedication at the same time; seconded by Councilwoman Johnston. All in favor, motion carried. Gerri Fox, Chamber of Commerce, said they would need some help in roping off the area and policing it. Buddy Ortega, Aspen Rugby Club, said they would be interested in helping volunteer to police the area. Mayor Standley told Marty Hershey, Mike Norton and the rugby club to work out the details. OPEN DOOR Greg Anderson told Council that Open Door had been trying to decide whether to be an Open Door independent agency or go under Sopris Mental Health. At this point, director of Open Door~, go with Charlie Baker, is all for going with Sopris. Anderson said some details need to be Sopris worked out rather quickly. Open Door will have a budget to present to Council and the Commissioners soon. Betty Erickson stated they felt they could keep the budget within the realm of what it was last year. Ms. Erickson is working up a contract with the city and county attorneys to define the roles and where the supervision is. Ms. Erickson stated the biggest problem is space; Open Door probably won't fit in the little building at the golf course. Councilman Behrendt stated that Touchstone closed down because the mental health needs in the valley had been fulfilled by the private sector. Touchstone felt that the existing program of Open Door and Sopris would be sufficient. Councilman Behrendt said he would like to carefully review the budget requirements for this project. Councilman Wishart agreed, but stated this should be discussed at a budget meeting rather than a general meeting. Mayor Standley stated he had talked with Charlie Baker, who feels he had worked his problem and and also feels that the space at the golf course is adequate. The rest of the question will be discussed at a budget meeting. LIQUOR LICENSE RENEWALS Magnifico Councilman De Gregorio moved to approve the renewal for Magnifico Liquor store; seconded Renewals by Councilman Wishart. All in favor, motion carried. Skiers Councilwoman Johnston moved to approve the renewal for Skier's Chalet & Steak House beer & Chalet wine license; seconded by Councilman De Gregorio. All in favor, motion carried. Renewal Councilwoman Pedersen moved to add Aspen Main Subdivision to the agenda; seconded by Councilman De Gregorio. All in favor, motion carried. ASPEN MAIN - Final subdivision plat approval. Aspen Main- Councilman Parry moved to approve final subdivision for Aspen Main; seconded by Council- final sub- man De Gregorio. All in favor, motion carried. division Hal Clark, planning office, told Council that Tuesday, September 21, the P & Z will be considering a presentation by the owners of the Hotel Jerome for a major expansion to the property. Council should attend. ORDINANCE ~33, SERIES OF 1976 - Annexation of Alpine Acres Ord.33 City Attorney Stuller told Council that the City's water attorney, John Musick would like Annexation/ this water to convert to the municipal water system immediately after the pipelines have · Alpine Acre~ been installed. This is for the general liability of the municipal water system and the overall obligation in terms of health, welfare, etc. Leonard Oates stated he had worked on the premise that because Alpine Acres had their own system of water, they could use it. Ms. Stuller pointed out that when the sanitarian checked the water out, the water quality did not meet his standards. Ms. Stuller stated that in the Articles of Incorporation, the powers for the water company are very broad. Ms. Stuller stated she would like these limited. Oates stated he had no problem with that. Oates told Council that Alpine Acres has no intention of using the water off the property. City Manager Mahoney said he was concerned about having two utilities serving customers in the same area. Oates stated that in the Subdivision agreement, the provided that the two undeveloped lots would immediately hook uP to the city system. Oates Stated that Alpine Acres had a viable system which provides water supply in sufficient quantity; this system has been in existence since 1960, and has been used 16 years. Mayor Standley suggested if they did convert that the City (~1) give.them a phasing out time frame to pay all the water charges, or (2) require them to pay county rates so that the City would be getting a P.I.F. Councilman Parry said they if they did come into the City water system, the City could give them the PIF as a trade off for the water rights. Council decided to wait on this question until Musick could be present. ORDINANCE #46, SERIES OF 1976 - Amending Wage & Hourly Provisions Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 46 the public hearing. Amending Wage & Hourly Councilman Behrendt moved to read Ordinance ~46, Series of 1976; seconded by Councilwoman Provisions Johnston. All in favor, motion carried. ORDINANCE #46 (.Series of 1976) AN ORDINANCE AMENDING SECTIONS 2-79 AND 2-82 OF THE ASPEN MUNICIPAL CODE SO AS TO PRIVDE THAT ALL CITY PERSONNEL WHO WORK ON ROTATING SHIFTS SHALL NOT BE PAID TIME AND ONE-HALF FOR HOLIDAYS WORKED,BUT SHALL IN LIEU OF HOLIDAYS, BE CREDITED WITH NINE (9) ADDITIONAL VACATION DAYS PER CALENDAR YEAR was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #46, Series of 1976, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~47, SERIES OF 1976 - Alternates to the Board of Adjustment Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 47 Councilman Behrendt mOved to read Ordinance ~47, Series of 1976; seconded by Councilman Alternates Parry. All in favor, motion carried, to Bd. Adj ORDINANCE~47 (iSeries of 1976) AN ORDINANCE AMENDING SECTION 2-19 OF THE ASPEN MUNICIPAL CODE, WHICH AMENDMENT ENLARGES THE MEMBERSHIP OF THE ASPEN BOARD OF ADJUSTMENT SO AS TO PERMIT THE APPOINTMENT OF TWO ALTERNATE MEMBERS WITH VOTING POWER ONLY IN THE ABSENCE OF REGULAR MEMBERS OF THE BDi~RD was read by the city clerk. COuncilman Behrendt moved to adopt Ordinance ~47, Series of 1976, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers De Gregorio; aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~48, SERIES OF 1976 - Amending Liquor License Fees Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 48 the public hearing. Liquor License fees Councilman De Gregorio moved to read Ordinance #48, Series of 1976; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE 948 (Series of 1976) AN ORDINANCE ESTABLISHING NEW LIQUOR LICENSING FEES WITHIN THE CITY OF ASPEN; MORE SPECIFICALLY, IMPOSING A HEARING FEE IN THE AMOUNT OF $350.00 FOR THE ISSUANCE OF ALL CLASSES OF NEW LICENSES, REDUCING THE APPLICATION FEE FOR TRANSFER OF OI~NERSHIP OF LOCATION REQUESTS, AND ESTABLISHING A NEW FEE IN THE AMOUNT OF $50.00 FOR THE ANNUAL RENEWAL OF EXISTING LICENSES was read by the city clerk Councilwoman Johnston moved to adopt Ordinance ~48, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye De Gregorio, aye; Johnston, aye; Pedersen, aye; Parry, aye; Mayor S~andley, aye. Motion Carried. CITY MANAGER 1. Budget Hearings. Hearings for all city departments and the joint budget with Pitkin Budget County were set up for the next two weeks. Council agreed to take walking tours of all the City projects as set up by the City Manager. 2. Wally Mills Property. City Manager Mahoney told CoUnciI there was no further infor- mation on the negotiation with Mills since he had submitted a memorandum to Council last Wally Mills week. The last declaration was the the City would reduce play on the number 4 hole, but property not prohibit it. Mahoney stated the City feels they have a very valuable piece of property, and they don't want to spoil it by giving more than the 6,000 square feet. 3. PUPPY Smith, Mahoney told Council that in 1951 PuPpy Smith came to work for the City of Aspen and had been a public servant for 25 years. Mahoney noted that Smith quietly takes care of a lot of outside work. Commendatiol Puppy Smith Councilwoman Pedersen moved that the roadway running east and west from Mill street to the Lakeview addition located on the Trueman property in the City of Aspen, County of Pitkin, State of Colorado, be named Puppy Smith street, a commendation for Puppy Smith's 25 yea~sof dedicated service tQ the City of Aspen; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt reminded Council that they had agreed to check with the Aspen Histori- cal Society when naming any streets. 4. Use of Wagner Park. City Manager Mahoney told Council that the grass does better when it as nOt trod on, and there is a problem with the grass in Wagner Park. Ted Armstrong outlined Recreation Department's plans for Wagner and Iselin Park; flag football from 5 until dark, four days a weeks; kids soccer from 4 until 5; rugby games. Armstrong Wagner stated that both high school fields were being used as were both fields at Iselin park. Park Councilman De Gregorio stated the number of games Played at Wagner park was inconsequentia . The park will be used continuously, every day; the rugby games and ruggerfest are the biggest activity in the fall season. These games generate a lot of community business. Bill Smith told Council that Wagne~ Park had been fertilized six time this year and has been watered very heaVily. The grass is not set in good enough. Smith stated he wanted to see the parks used, but also wanted to see them well kept. Dave Boyle, County Extension Agent, had taken some core samples from Wagner Park and told Council there is a problem in the park; the roots are very shallow and the grass isn't growing. Boyle said there was a chance the grass would survive given limited use of the park and a good maintenance program. Councilwoman Johnston stated the time to save Wagner Park was in the summer before it was used. Councilwoman Johnston said it would be a shame to take rugby off the park now. COuncilman De Gregorio agreed, and stated that the entire recreation program should be addressed, not just Wagner Park. Councilman Wishart said the city should try to cut their losses on this situation, bUt that rugby should be allowed at Wagner Park. Council- man Wishart stated he would like to see non-essential, non-historical uses minimized as much as possible. Buddy Ortega, Aspen Rugby Club, told Council that the condition of the center of Wagner Park was not the fault of physical activity; the field had not been constructed properly. This past summer the City put $18,000 into Wagner Park; but in the last 15 years the City had not put more than $2-300 per year into the park. Ortega suggested there should be some community input into the park, some money cOuld be generated by all the players in the community. Boyle stated i~ Was a difficult job to maintain Wagner the way it is now. Armstrong point~ out that from the southeast to northwest corner there is a 6 foot drop. Tom Burt stated that the softball program hurt the park the worst. Burr said he had never seen a park that had so much use on it. Burt also stated he felt it would be hard to curtail activities in Wagner for the rest of the year. City Manager Mahoney said he needed an enforcement decision. Councilman De Gregorio said there is no reason for the park to be open before 4 o,clock; no one practices before then. Councilman De Gregorio suggested just keeping the park open for city related activities. Council agreed. ORDINANCE ~33, SERIES OF 1976 - continued City Attorney Stuller told Council that Oates had agreed that the Alpine Acres subdivision would hook onto the City water system immediately, if the City would exonerate them from Ord. 33 the PIF and tap charges, and if Alpine Acres gives the City their water rights. The Annexation exoneration from the PIF applies only to the three existing owners. John Musica told Alpine Council that Alpine Acres would use their well to irrigate their open spaces. Acres Mayor Standley asked what the cost to the City would ' before integrating this system. Musica said he thought the cost would be minimal. Oates pointed out the agreement called for 300 feet of 8 inch cast iren pipe. Mayor Standley suggested not making the connect until the other building sites are built on and the City gets the PIF money, sp that the City can make the connection without an additional b~dget appropriation. Oates said that was agreeable. City Attorney Stuller outlined the terms; the City will get immediate conveyance of the water rights from Alpine Acres in exchange for PIFs and tap charges allocable to the three ex±sting buildings. The City will lease the water back for domestic use. ImmediatelY that any lines are installed in this area, the City will require that all three existing buildings plus the two new be hooked up to the City water system. Alpine Acres will agree to irrigate with their water rights. Councilwoman Johnston moved to read Ordinance #33, Series of 1976; seconded by CoUncilwoma Pedersen. All in favor, motion carried. ORDINANCE ~33 (~Series of 1976) AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY LUKE W. ANTHONY TO THE CITY OF ASPEN; WHICH LAND CONSTITUTES ALL OF BLOCK 1, ALPINE ACRES SUBDIVISION; AND WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 933, Series of 1976, on second reading subject to the amendments that have been outli ned by the City Attorney; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aYe; De Gregorio, aye; Johnston, aye; Wishart, aye; Pedersen, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~53, SERIES OF 1976 - Mall Commission Membership Councilman De Gregorio moved to read Ordinance ~53, Series of 1976; seconded by Council' Ord. 53 man Wishart. Mall Comm. Mayor Stan~ley explained this ordinance was designed to get the membership of the mall Membership commission down to a more manageable number. All in favor, motion carried. ORDINANCE #53 (iSeries of 1976) AN ORDINANCE AMENDING THE PROVISIONS OF ORDINANCE NO. 8, SERIES OF 1975, SUCH AS TO REDUCE THE NUMBER OF MEMBERS OF THE ASPEN MALL COMMISSION TO EIGHT; AND FURTHER PROVIDING THAT SUCH REDUCTION SHALL OCCUR ON THE RESIGNATION, TERMINATION, OR ON EXPIRATION OF THE TERMS OF EXISTING MEMBERS was read by the city clerk Councilman Wishart moved to adopt Ordinance #53, Series of 1976, on first reading; seconded by Councilman Parry. Councilwoman Johnston asked what would happen if the balance of members abutting the mall were upset. Councii suggested declaring the mall completed and ~ddressing a new mall commission. Councilman Behrendt moved to table Ordinance #53, Series of 1976, and have simultaneous ordinances for the next meeting; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~49, SERIES OF 1976 , Changes to the O, Office District Planner Bill Kane told Council this ordinance included some major points~ inclusion of Ord. 49, a broader range of limited retail uses. Kane stated many uses are dealing with unique Changes to cases along Main street. In the composition of the Main street zoning district, there O zone were areas along Main street that are more appropriate for limited commercial use. This ordinance will allow these uses as a conditional use at the discretion of the P & Z. This incorporates a general p~anning theQry that closer to the commercial core, uses should be more intensive. There is a small change to the parking requirements. This ordinance incorporates specific language to deal with a .25 FAR for moderate or employee housing bonus. The office distr~ct allows .75 FAR by right; if one submits a plan that is in conformance with the housing plan, they may get .25 FAR bonus. The criteria is spelled out in the code. This ordinance incorporates the two preVious office districts into one. Mayor Standley told Council there would be a total presentation from the planning depart- ment at the time of the second reading. City Attorney Stuller asked that the parking requirement of .4 per 1,000 square feet for restaurants should be deleted because it had not been published. Councilman Behrendt moved to read Ordinance ~49, Series of 1976; seconded.by Councilman Wishart. All in favor, motion carried. ORDINANCE ~49 (~SerieS of 1976) AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ASPEN ZONING CODE SUCH AS TO REPEAL THE O AND 0-2 OFFICE DISTRICT REGULATIONS AND CREATE A NEW O-OFFICE DISTRICT IN LIEU THEREOF - ESTABLISHING PERMITTED AND CONDITIONAL USES FOR THE DISTRICT AND REGULATIONS AFFECTING THE AREA AND BULK OF STRUCTURES WITHIN THE DISTRICT; FURTHER AMENDING.THE CODE BY ESTABLISHING OFF~21-STREET PARKING REQUIREMENTS IN THE NEW O-OFFICE DISTRICT, DESCRIBING WHEN A STRUCTURE WILL BE CONSIDERED TO HAVE RECEIVED HISTORIC DESIGNATION AND DEFINING THE PHRASE "MODERATE INCOME HOUSING", AND FINALLY, DELETING THE REFERENCES TO THE 0-2, OFFICE DISTRICT IN SECTIONS 24-2.1~!a~ and 24-3.7(ik) OF THE CODE ALL AS MORE SPECIFICALLY DESCRIBED HEREIN was read by the city clerk Councilman Parry moved to adopt Ordinance #49, Series of 1976, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Behrendt, aye; De Gregorio, nay; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~50, SERIES OF 1976 - Rezoning the Aspen Physics Institute Planner Bill Kane had circulated a memorandum to Council regarding the Physics InstitUte Ord. 50 building a new library and seminar. In July, the Physics Institute had approached the Rezoning planning office for this expansion. At that time Kane told the Physics Institute that Physics ' Institute no further building would be allowed ~it~Dut~master plan for the entire 120 acres. Kane told Council that this library and seminar facility represented a special case, a hardship. Special grant funds are involved in the construction of this building, and these funds are only available until October 15. Kane said that a master plan for the entire Institute property would not be ready in time to use these funds. The question of rezoning the Physics Institute property went before the P & Z; the P & Z had adopted a resolution, which is included in Council's packet. This resolution approves a separate speCially planned area for the 2.3 acres for the Physics Ins'titute subject to four conditions; (1) this include assurances that this will not be used as a precedent by the InstitUte, (2) provision of a long term lease to insure that the physicts would have some control over this land, (3) this plan would constitute a maximum build out of the 2.3 acre site, and (4) the fina~ working drawings for the building be inclUded as details as required under the SPA. Kane told Council he had evaluated this rezoning on three grounds. If deferred to a futur~ time, would this building be placed in a better location? Kane said he felt this was a good location, immediatelY adjacent to existing facilities, convenient, does not create new transportation impacts. Is the building out of scale or badly designed? Kane said he did not think that was true. Does this building introduce new politic actors that would create leverage and fragment the Aspen Institute site? Kane answered that the Physics Institute already exists in town; a majority of the physicists own homes in Aspen. The creation of a new building does not create a new political entity in the town. Kane stated the policy question involved, is there a higher public interest served by this building than would be served by waiting for an entire master plan. Kane said he felt this question was more politically oriented than planning. Nick McGrath, representing the Physics InStitute, told Council the Physics Center was a totally independent organization from the Institute itself and has been since 1968. McGrath stated if this were in another area of town, it would be a simple building permit. But since the Physics Center sits on 2.3 acres owned by the Institute, no development can occur absent a precise plan. MCGrath stated the building is tucked out of the way and cannot be seen by residents. The West Side Improvement Association submitted a letter in support of this application. McGrath said the Physics Center exerts no leverage when it comes to the larger problems of the Institute. McGrath said the physicists are in need of more space; this building would have some office space, but would not increase the number of physicists nor their program. As indicated, there are some grant problems. The Kreske Foundation grant will expire October 15. McGrath reiterated that P & Z did grant approval for this application. There are conditions in the P & Z's reSOlution to protect the City from any claims of discrimination by the Institute. The Physics Center is attempting to comply with the conditions. McGrath stated that the Physics Center, with this one little building, was not in a position to effect the Institute/City planning relations. McGrath said he felt he had presented a good case for treating the 2.3 acres separately from the entire 120 acre tract. Treating the physicists separately is not the same as treating M.A.A. or DU or the Institute separately. There is no precedent involved, Councilman Wishart said he agreed with the concepts; and if the physics center would agree with the four conditions in the resolution, this ordinance should be set for public hearing. The special financial question would allow the Council to spin this off as its own specially planned area. Councilman De Gregorio asked if the grant applied for was to be used just for the building. McGrath anSwered yes. Councilman Wishart pointed out that this would freeze the Physics Institute in a configuration the City would like to see. McGrath told Council he had not approached the Institute on the first condition and did no~ want to do so until it was actually imposed. The Physics Center has discussed a long term lease with the Institute. McGrath stated that the Institute was, in effect, a co-applicant in this proceeding. Councilman Behrendt asked the City Attorney if the City was jeopardi- zing itself by this process. Ms. Stuller answered that if Council moved to read for the first time, that is exactly what it would!be. Any rights or conditions could be incorpor- ated in the final draft. Ms. Stuller stated there is some risk involved in that by entertaining this applicant, the City is agreeing to identify a separate, distinct use on Institute property. To that extent, the City is equivocating on the SPA designation. The obligation is now on the City to anticipate every way this rezoning can be used to the City's disadvantage in the future. McGrath told Council that they are only setting the public hearing. He will inform the CoUncil well in advance of that public hearing whether the Physics Center can satisfy the conditions. If the Physics Center can satisfy none of the conditions, they will withdraw their application. Councilman De Gregorio asked when a portion of land is leased, and all land falls under Physics the same zoning, can an applicant take the leased portion and zone it separately. Ms. Institute Stuller said this application was asking for rezoning. Ms. Stuller stated that the Counci by rezoning the Physics Instituters land~ was making a statement that the Council does not think it is important that the Physics Insitute be integrated with the balance of the site. This policy or statement could be used against the Council in the future. Councilwoman Johnston stated if this were in another area of town, there would be no problem. Councilwoman Johnston said she could not compromise her feelings as far as the zoning philosophy that has been set up for the Institute. Any fractionalization of that would be dangerous. There is no lease in existence. There is the possibility that the Institute would pull out completely, and there would be a new owner. Councilwoman Johnst¢ said she did not like to be pressured timewise. Councilwoman Pedersen stated the City had put an SPA on 120 acres of land. The Physics Institute has been caught in an unfortunate squeeze. The Institute was told over a year ago to file a mas~er plan for that 120 acres, and they have consistenly refused to do this. The overall implications of rezoning the Physics Institute's land are too great. In essence, this would be a type of subdivision for that land. Mayor Standley stated his concerns centered around the process that the City has asked the Institute ~o become part of for over two years. An uncalculable amount o~ time and energy has gone into meeting with the Institute to try and resolve this problem. The Institute, on the other hand, should have a certain attitude of cooperation and understand lng. Mayor Standley pointed out that if the Institute were to continue with their plan- ning process, they could be done by December 1st. This land has certain constraints on it, and responsibilities exist on Council's part to the community and its overall goals. Mayor Standley stated that such things as retrieval, work space, administration, security, copying, can be incorporated with great cost savings. It is inappropriate for the Council ~o break from the planning process; the City has to operate in the process they have established. McGrath stated the Physics Institute did not contest there were broader planning consid- erations. The Physics Institute has tried to p~esent a specialized case for treating this separately, subject to some conditions. Planner Kane said the planning office feels that the immediate benefits to the community are greater than any immediate danger from getting a better long range plan from the Institute. Kane stated this application came before P & Z when the Institute was in the process, and the planning office felt that something was going to happen in a timely way with the Institute. The Institute has withdrawn. The planning office would recommen~ in favor of this building, mainly because they feel this will not introduce a new actor. Kane reiterated that the building ~s not located where it Will be repugnant to the site, and the building is not badly designed. Councilman De Gregorio stated he felt that this should be brought to a public hearing. Councilman De Gregorio said he did no~ want it implied that the Council was against the Physics Institute, should this no~ pass. No one on Council had spoken against the Physics Institute, but had spoken against the rezoning. Councilman De Gregorio moved to read Ordinance ~50, Series of 1976; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Pedersen and Johnston. Motion carried. ORDINANCE ~50 (Series of 1976) AN ORDINANCE REZONING THE APPROXIMATELY 2.3 ACRES OCCUPIED BY THE ASPEN CENTER FOR PHYSICS ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTERPLAN FOR THE SITE; THE ELEMENTS OF WHICH MASTERPLAN WILL CONSTITUTE 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 De Gregorio moved to adopt Ordinance ~50, Series of 1976, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; De Gregorio aye; Johnston, nay; Parry, aye; Pedersen, nay; Wishart, aye; Mayor Standley, nay. Motion carried. ORDINANCE #51, SERIES OF 1976 - Amending Section 13~87, Lost and Found Councilman Behrendt moved to read Ordinance ~51, Series of 1976; seconded by Councilman Ord. 51 Parry. All in favor, motion carried. Amending Lost & ORDINANCE a51 Found (Series of 1976) AN ORDINANCE AMENDING SECTION L3-87 OF THE ASPEN MUNICIPAL CODE SO AS TO PERMIT THOSE REPORTING LOST PROPERTY TO THE ASPEN POLICE DEPARTMENT TO RECOVER POSSESSION OF THE PROPERTY IF NOT CLAIMED BY THE OWNERS PRIOR TO PUBLIC SALE, OR WITHIN 60 DAYS OF REPORTING THE FIND, WHICHEVER FIRST OCCURS was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance #51, Series of 1976, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye; Pedersen, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. 2083 Regular Meeting Aspen City Council September 13, 197'6 MAYOR'S DEED~ Mayor's Councilman Behrendt moved to authorize Mayor Standley to sign a Mayor's Deed for Lots Q, Deed - R, and S of Block 56, for Lillian Hardy; 'seconded by Councilman Parry. All in favor, Hardy motion carried. ORDINANCE ~52, SERIES OF 1976 - Police Retirement Fund Councilwoman Pedersen moved to read Ordinance ~52, Series of 1976; seconded by Councilman Ord. 52 Behrendt. All in favor, motion carried. Police Retirement ORDINANCE #52 fund (Series of 1976) AN AMENDMENT TO SECTION 2-4-17(c) OF THE CITY OF ASPEN POLICE RETIREMENT PLAN WHICH WILL PERMIT TERMINATING POLICE OFFICERS TO RECEIVE A REFUND OF THEIR CONTRIBUTIONS TO THE FUND IN A LUMP SUM OR INSTALLMENT PAYMENTS was read by the city clerk. Councilman Parry moved to adopt Ordinance #52, Series of 1976, on first reading; seconded by Councilman De Gregorlo. Councilwoman Johnston asked about'disabilities. City Attorney~Stuller answered she had to determine whether the City had a viable program for disabilities. Mayor Standley said there would be a Finance Committee meeting after budgetting to discuss this. Roll call vote; Councilmembers Wisha~t, aye; Pedersen, aye; Parry, aye; Behrendt, aye; De Gregorlo, aye; Johnston, aye; Mayor Standley, aye. Motion carriedl RED MOUNTAIN HOMEOWNER'S EASEMENTS Easement City Attorney Stuller explained the City was getting access easement to Red Mountain Red Mt. water. Councilman Parry moved to accept the easements; seconded by Councilman De Gregorio; All in favor, motion carried. ACCEPTING WATER EASEMENT FROM RIDGE OF RED MOUNTAIN AND BILL OF SALE Water Councilman Parry moved to accept the water easement from the Ridge of Red Mountain; Easement/ seconded by Councilman De Gregorio. All in favor, motion carried. Red Mt. Councilman Behrendt asked to schedule a work session on zoning code changes after the budget sessions are over. Councilwoman Pedersen moved ~o adjourn the meeting at 9:50 p.m.; seconded by Councilman De Gregorio. All in favor, motion carried. ' ~~. Hau~er, City Clerk