Loading...
HomeMy WebLinkAboutminutes.council.19760412Regular Meeting .......... Asp~D..~.~.ty coun~.il. . April 12, 1976 The Joint meeting with the Pitkin County Commissioners was callsd to order by Mayor Standley at 5:07 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, City Manager Mahoney and City Attorney Stuller present. CITY/COUNTY AGREEMENT ON ANIMAL CONTROL County Commissioner Shellman~a.sked that a 30 day termination notice or specific clause Animal be put in the agreement so that the County could be provided with some recourse. This Control was agreeable to everyone. Agreement Mayor Standley asked if anyone had approached Lew Albright about his interest in selling the kennels to the City and County. Finance Director Butterbaugh said she was obtaining an appraisal for this project. Councilwoman Johnston asked that "cats" be added to the list of items for discussion. Councilwoman Pedersen moved to approve the agreement with the modification of a 30 day termination clause; seconded by Councilman De Gregorio. All in favor, motion carried. Commissioner Kinsley moved to approve the agreement with the modification of a 30 day termination clause; seconded by Commissioner Shellman. All in favor, motion carried. UMTA REPORT County Engineer George Ochs told the Council and Commissioners that consultants have UMTA been selected for the last three areas of study. Voorhees was selected for auto disincentive. Proposals for technical support and project management were received by Howard Ross and by P, B, Q & D. Ross was selected due to his past experience and work with the County. For light rail refinement, Gustav Rohr from West Germany was chosen by the Commissioners. Ochs reported that as far as approval, the grant application is still in process. Ochs said as soon as he received approval, he wo~ld fund the design work statements and get all five contracts signed. TRANSPORTATION REPORT City Manager Mahoney reported that a Mr. Crawford had looked at the minibusses. Crawford had committed to Yank Mojo that the City had a good case from the engineering point of Transportation view to go after a law suit. Crawford said the City should not try to se~l because Report of the condition of the minibuses, and no one should be allowed to ride the buses. CO-OP GROCERY FEASIBILITY STUDY Mayor Standley said he felt a grocery co-op in Aspen would save people money, provide variety and flexibility, and give the City a market with local control. The proposal Co-op Grocer}-~ is to look into the feasibility and benefits and costs of doing a co-op market at the Study Trueman property. Bryan Johnson and Scott Bowie explained the proposal to Council. Johnson told Council he envisioned a community-owned supermarket and charging an initial fee for membership. Johnson said he felt this market could offer anything a chain market could at better prices. Johnson and Bowie were asking Council and Commissioners opinion before they went any further on the project. Bowie said his idea was that people would pay a membership fee but not work in the co-op as part of their membership fee. Commissioner Shellman said he was very interested in this, and the City/County should consider providing a little effort to get the project to a point where the City/County can act on it. Johnson pointed out that members of the community would be involved and would be telling the store what they want to see in the store. Commissioner Kinsley that this project fits in with the housing authority because it is an attempt to separate the resident and tourists markets. Johnson said that with the feasibility study, they would know down to the penny how much they would have to earn as a non-profit organization to break even, how many people in town would join, etc. Johnson said this study could be done for $2500 to $5000. Johnson pointed out that he was asking only for financial support in doing the feasibility; the City and County government would have nothing to do with running the supermarket. Councilwoman Pedersen moved that the City and County each appropriate $1250 to fund a co-op food store feasibility study on the Trueman property once it has been determined that this site location is available, and that Mayor Standley act as coordinator with Johnson and Bowie to make sure that the feasibility study to make sure it answers the questions above; seconded by Councilwoman Johnston. All in favor with the exception of Councilman Behrendt. Motion carried. HOUSING Brian Goodheim, housing officer, told the Council and Commissioners he wanted strategic and tactical decisions for planning for public housing. The strategic decisions are Housing (1) public commitment to moderate cost housing (2) public vs. private development entities (3) new vs. existing construction (4) dollar or density subsidy (5) outlying vs inlying locations. The tactical decisions are (1) rental vs. ownership form (2) mix of unit sizes and (3) timing of development. Goodheim pointed out the City/County has to develop a system that would en~urage development of public housing or else develop it themselves. Goodheim stated the reason for these decisions and for having a housing authority is that development of low or moderate cost housing is not the highest and best use of any property in Aspen. Goodheim pointed out that with private development, he was talking about incentives, the dual market concept with new construction. Private development is profit motivated and towards the highest and best use of property, which is not public housing. Goodheim stated to do really low cost housing, $100 per month for one bedroom, would be impossible without a heavy subsidy. New construction may achieve economies in land cost or construction, which are not achieve~ when existing structures are bought out. New construction has a growth implication with encouragement cf new, lower cost housing. The fourth decision point is density vs. dollar subsidy. Under density approach, the density is increased and the cost per unit in lower. The theory in density vs. dollar is to lower land costs and possibly even construc7 tion costs. Increased density will tend to violate environmental growth constraints. Mayor Standley said his interest in getting a housing authority going was to come up with some solution alternatives. Mayor Standley said he would rather have Goodheim put together programs for Council review, like condominiumizing Silverking, buying Randall, go for FHA funds, etc., rather than going through a theoretical process. Planner Bill Kane pointed out that Goodheim was getting a lot of in-house resistance. Kane stated that some of Goodheim's projects had required rezoning, purchases or condemnations. The planning office has not received a clear direction on housing, but is interested in preserving the envlronment and maintaining a low rate of growth. Mayor Standley suggested that Goodhelm bring his projects to Council and the Commissioners and let them decide whether the plan- ning office should work with the housing authority. Kane said a housing assistance plan is needed, to state what the goals are in production of units on an annual basis, what the rent or sale price should be. Mayor Standley said he wanted the Council to look at and deal with solutions. Employee housing are units that people can live in year round. Councilwoman Johnston stated Council had asked Goodheim to come back with options and suggestions for encouraging private citizens to do something about housing. Councilman De Gregorio said it was easier to understand each project individually than to understand the process. Commissioner Edwards moved that outlying pro3ects not be considered as high priority; dollar vs. density will depend on the circumstance, the site, that the Council and Commiss- ioners would be willing to entertain either or both or a combination; as far as new vs. existing, it is more expensive to rehabilitate old structures than it is to start over; the public sector is willing to build new housing with a flexible dollar or density bonus in the inlying area, and require private employee housing on new developments. The existing housing problem can only be solved by public involvement; seconded by Councilwomai Pedersen. All in favor of the motion with the exception of Councilman Behrendt. Motion carried. COLLECTION OF PIFs WITH COUNTY BUILDING PERMITS Mayor Standley explained there was a problem when the County issued a building permit on a PIFs in remodel or addition, the City is not getting their P.I.F. The City then has to collect it County six months to a year after the fact. Commissioner Edwards asked City Attorney Stuller to Collection write a memorandum to the County and have them add the water P.I.F. to their building permit checklist. COG EMERGENCY MEDICAL SERVICES GRANT Human Resource Coordinator Betty Erickson told Council and Commissioners this was a grant application which came from COG. The in-kind match has already been established by the amount of money put into the community ambulance service. The grant asks for $7,000 to ~OG - mergency supplement buying another ambulance, money for some crystals, a stretcher for Mountain Rescue, some equipment to update the four-wheel drive. Medical Services Commissioner Shellman moved to endorse the grant; seconded by Councilwoman Pedersen. All Grant in favor, motion carried. COUNCIL MEETING Mayor Standley called the meeting to order at 6:30 p.m. with Councilmembers Parry, Pedersen, Behrendt, De Gregorio, Johnston, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilman Parry moved to approve the minutes of the March 22, 1976, meeting; seconded by Councilwoman Johnston. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Behrendt moved to approve the accounts payable for March; seconded by Council- man Parry. City Manager Mahoney told Council that there had not been one adjusting entry in the City's audit. All in favor, motion carried. CITIZEN PARTICIPATION 1. Helene Johnson, Human Resource Chairman for the Leaque of Women Voters, told Council she was investigating community needs. Ms. Johnson asked what the status of the Holy Community & Teen Center Cross building was, and if it could be ~urned into a teen center. Mayor Standley said it would be appropriate to first get the Holy Cross building and then to have a work session on the uses for that building. Mayor Standley said there was merit in looking at the building as a community center type of use. City Manager Mahoney told Council that the attorneys for both sides would meet this week to hash out the legal problems, like whether there would be a contract or franchise. There should be a decision on the Holy Cross purchase within a month. Ms. Johnson said she would like to go on record as one of the groups interested in using the center. Mayor Standley said the school was to put together an organizing committe and present their needs for teen center to the Council. The school kids should be taking the initiative in this issue. COUNCILMEMBER COMMJENTS 1. Councilman Behrendt told Council that citizens group were taking out pro mall ads in this week's paper. One can pay $12 for a picture ad and a statement of why you want the mall extension. 2. Councilman Behrendt asked when the City was going to start on the mall. City Manager Mahoney said the City would not break pavement until April 21 or after. Mall 3. Councilman Behrendt said the town still is not cleaned up. Councilman Behrendt said he would like to see more personnel put on in the springtime to clean up the downtown Town cleaned area. up 4. Councilwoman Pedersen suggesting working with the M.A.A. to use the space under the Wheeler for a teen center as an interim measure. Councilman Parry suggested looking into the Lift ~1 building for that purpose. 5. Mayor Standley said that at the public hearing on mall closure in February, less than half the people who spoke were against the mall. They are against the management of the Mall mall. Mayor Standley said that the Council should get out and really talk to people about the mall election because the Council has the responsibility to sell their programs. STUDENT COMMENTS Larry Beer told Council he would work on the priority of a teen center. OPEN DOOR Charlie Baker, director of Open Door, asked Council for an endorsement of a grant that Open Door did not need. Baker said with this grant that Open Door would be keeping their Open Door finger in the pie, and also to get some sort of direction. Baker said he did not know grant if there would be any Federal money available after June 1976. Baker said Open Door was asking for $5,025 for more psychiatric time, more travel and training, and medical supervision and to adjust the phone bill. Baker said he would like a letter of endorse- ment on the Open Door program to be sent to the state. Councilman Behrendt moved to ask City Attorney S ~ller to write an endorsement letter; seconded by Councilman De Gregorio. All in favor, mo%ion carried. 651 MONARCH - Conceptual Subdivision Approval Hal Clark, planning office, told Council this is a request for conceptual approval for 651 Monarch a four unit condominium to be located just below the C%ribou condominiums. The property is zoned L-2 and the density works the same as R/MF. They are allowed one studio per Conceptual 1,000 square feet or one bedroom per 1250 square feet. Clark pointed out that Monarch tabled street right-of-way is very narrow. At preliminary stage, the City will be requesting right-of-way for an adequate sidewalk right-of-way. Also, there is a large cottonwood tree in the center of the site. The project is designed around the tree; the planning office referred the applicant to County Extension Agent, Dave Boyle, to work out how to preserve the tree. Welton Anderson, architect for the applicant, told Council this would be four one-bedroom units with underground parking. The design is farily consistent with what is in the area now. The project is zoned for five units as it contains 6,000 square feet, and is under density. Anderson told Council he had done significant work to preserve the tree. Mayor Standley asked about the management plan for the units. Anderson stated it would be similar to Mountain Queen or Caribou, with no rentals and just a condominium associatiol . Councilman Behrendt moved to approve conceptual plan taking into consideration the plannin, office request concerning the sidewalk and the tree; seconded by Councilman Parry. Planner Kane read a letter to Council from Dave Boyle concerning the tree. Kane reminded Council that the purpose of conceptual was to determing the suitability of land for subdivision purposes. Mayor Standley said four more units in the high rent district does not do the City any good; it does not add to the economics of the community. Kane said there is nothing in the zoning code that prevents a developer from employing a more restrictive use. Mayor Standley said he felt this was the worst use for any piece of land in the City of Aspen. City Attorney Stuller pointed out that if this is a permitted use, they can develop it accordingly. Mayor Standley said that the planning office should sit down with the developer and try to resolve this; to see what their concerns are and to explain what the City's concerns are. Councilman De Gregorio made a substitute motion to table this project until April 26th; seconded by Councilwoman Johnston. All in favor, motion carried. P & Z REZONING RECOMMENDATIONS Bill Kane presented a chart which outlined the planning office recommendations and the Rezoning action of the P & Z. 1. FAR changes in the commercial districts. Commercial Core, the present FAR is 2:1, the recommendation is to allow 1.5:1 by right; .3:1 for residential and .2:1 for FARs additional coramercial. The extra FAR would be by special review; this is to tie the C-1 district recommendation is o : c enda tion for a .5:1 in the C-1 district for additional residential. That was accepted by the P & Z. Commercial Lodge (CL) recommended FAR go to 1.5:1 and carries a heighth limita- tion. Neighborhood/Conumercial FAR to .5:1 based on the belief that the Trueman property maxed out the need for heavy scale commercial treatment. S/C/I recommended reduced FAR from 2:1 to 1:1; this was accepted. Office district it was recommended to go from 1:1 FAR by right to a mix of .75:1 for ~e space and .25:1 for residential allowed by special review. 2. Chang~ in ~ei~ht limitations. C-1 recommended change from 40 to 32 feet. This has general acceptance from P & Z with the recommendation that buildings be allowed to go · Height up to 40 feet by special review. The thought was that with the change in FAR, if a limitation 40 foot building was allowed it would be narrower, thus creating more open space. The planning office disagrees with this. Commercial-Lodge was recommended to change from 40 to 28 feet in height. John Stanford told Council the 28 foot limit was recommended because the only C-L area is just across from Rubey Park and is a special area in town. 3. Changes to Permitted Uses. Kane explained that the planning office had reacted to the building activity of last summer where there was a lot of office construction. The recommendation is to have only one Office zone to create a mix of office and residenti~ permitted This Office zone would adopt the characteristics of the present 0-2 zone and place the uses same requirement of the O-1 zone and the area and bulk requirements are the same as R-6. 4. Changes to the FAR size limitation on the N/C zone. This recommendation was made during the Trueman presentations. The food store is recommended to be reduced from 20,000 square feet to 12,000 square feet of grocery and 3,000 square feet for additional accessories. A major appliance store was reduced to 9,000 square feet. 5. Change in basement and sub-surface storage areas. In the C-C and C-1 zones these would be in~lude~ in the FAR. This would in effect freeze present buildings from turn- Basement & ing basements into commercial uses. The planning office also recommended that the sub-surface sub-surface parking be included in the FAR. This was not approved by the P & Z; they in FAR felt that underground parking is an attractive way to handle the parking in the downtown. 6. Changes to Zoning. District Map. Land just south of Trueman Property, P & Z recommended against changing the zoning from N/C to O, as there has been too much office Residential activity in town. Mixed residential west of town at base of Shadow Mountain recommended zone to go from R-6 to R-15; this was accepted. Mixed residential east of town, recommended changes that this change not take place because of the multi-family character of this part of town. Oklahoma Flats, at the insistence of the landowners, recommended a zoning change from R-15 to R-30. Holy Cross property changed from R-15 to R-30. Aspen One property rezoned from R-6 PUD to R-15 PUD; this was accepted. Riverside property (Buchanan) recommended to go from R-6 to R-15, mandatory PUD. This was accepted. The area across from Original Curve condominiums was recommended to go from R/MF to R-6. P & Z did not want to accept this; they felt this was an appropriate site for a multi-family development.' Lakeview subdivision, recommended that the area. be rezoned to R-15 from R-6; P & Z accepted this with the condition that at a future date a greater density reduction would Rezoning be favorably received. A~as zoned Lodge R-15 should be changed to R-30 based on traffic cont. constraints and access problems. The P & Z voted not to accept that recommendation. Mayor Standley asked if the N/C zone could really control the amount of commercial devel- opment that could occur, for instance on the Marolt property. An FAR is totally irrele- vant. Kane explained the planning office recommended that 12,000 square feet be the maximum for a neighborhood/commercial center. Mayor Standley asked if commercial/lodge zoning allowed condominiums. Kane answered that that is a more restrictive use in a less restrictive zone. Mayor Standley pointed out that a bona fide lodge had not been built in Aspen in ten years, and to reduce the FAR from 2:1 to 1.5:1 forces more condominiums. Mayor Standley said he would like to see enough density put in the lodge areas so thaf people could build lodges, and make the uses strict enough so there could only be a lodge. City Attorney Stuller pointed out tha in districts where only lodges are permitted, lodges are defined to be without kitchens and short term temporary uses. Ms. Stuller told Council the way to Code was set up, if a use is not specifically permitted, it is deemed to be excluded. Lesser uses are not incorporated by definition. Mayor Standley said he would like to get rid of the condo- minium in lodge districts. Mayor Standley objected cutting the FAR in lodge districts from 2:1 to 1.5:1, stating he would rather have more lodge density and not have units condominiumized except for the commercial floor one. Mayor Standley said he was talking about C/L, L-1 and L-2, and any district that allowed R/~F as absentee condominiums. There should not be any more absentee condominium zoning in the town. City Attorney Stuller reminded Council that all changes that received affirmative recommendations from the planning and zoning commission are in effect for a year. Mayor Standley said he did not see the reason for rezoning Aspen One property. This property has gone through three successive downzonings and now is in R-15. Mayor Standle said he felt the zoning was inappropriate, and did not see how the Council could support it. The Aspen One property has gone from C-1 use to an R-15 use; there has been no development around it. The City has looked at many uses for City-owned property down there, and they all center around bringing large number of people down there. Councilwoman Pedersen asked if it were possible to put a PUD or constraint on the propert at Spring and Main. Kane answered that it was mandatory PUD now. Councilwoman Pedersen said she felt that a large R/MF building would cut off an important vista off Main street Councilwoman Pedersen said that if the Holy Cross exchange went through, she would hope that the City would petition for rezoning to "P" park zone. Mayor Standley said in the CC zone, off-street parking should not be allowed or else it should be required to come in under FAR. Councilman Parry disagreed, if housing or residential is included at .3:1 in CC, parking has got to be provided. Kane said that all recommended changes are law right now. Council can make the recommen-i! dations more restrictive, or the changes not recommended by P & Z, Council can take actio~ on. Councilman Parry said he would go along with P & Z recommendations. Councilman Behrendt moved to put this to a study session; seconded by Councilwoman Pedersen. All in favor, motion carried. HISTORIC ZONING ON MAIN STREET John Stanford, planning office, gave a status report on the progress of Historic zoning on Main street. Stanford said the planning office was nearing the end of the analysis Historic phase, a complete inventory of all structures along Main street has been done. Stanford zoning on Main Street told Council that the historic preservation district for Main street should only be one element in the overall plan; landscaping and lighting plans should also be considered. The analysis should be completed by May 15; then there would be a joint resolution from P & Z and the HPC. A public hearing would be set somewhere between June 15 and 30, after which the P & Z will make a recommendation to Council. Council would then set a public hearing, which could be around August. Stanford told Council the schedule could be pushed up. Stanford said the planning office had applications to designate the Floradora and the Mesa Store Bakery "H" historic. ORDINANCE #5, SERIES OF 1976 - Amending area and bulk requirements Ord.5,1976 Mayor Standley opened the public hearing. There were no comments. Mayor Standley Amending area closed the public hearing. & bulk Councilwoman Pedersen moved to read Ordinance #5, Series of 1976; seconded by Councilwoms Johnston. All in favor, motion carried. ORDINANCE #5 (S~ries of 1976) AN ORDINANCE MAKING A SERIES OF AMENDEMENTS TO THE AREA AND BULK REQUIRE- MENTS OF THE ASPEN ZONING CODE, SECTION 24-3.4; AMENDMENTS ELIMINATE THE DISTINCTION BETWEEN SUBDIVIDED A~D UNSUBDIVIDED LANDS IN CALCULATING MINIMUM LOT AREA, MINIMUM LOT AREA PER DWELLING UNIT, AND MINIMUM LOT WIDTH IN THE R-15, R-30, R-40 AND RR ZONE DISTRICTS; AND WHICH A~ENDMENTS ALSO ESTABLISH A UNIFORM MINIMUM LOT AREA FOR ALL STRUCTURES IN THE R/MF DISTRICT OF 6,000 SQUARE FEET; AND FURTHER AM_END THE R/MF DISTRICT REQUIREMENTS BY PROVIDING THAT MINIMUM LOT AREA FOR DUPLEX STRUCTURES IN THIS DISTRICT BE CALCULATED AS IT IS FOR MUNTIFAMILY STRUCTURES was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~5, Series of 1976, on s~~i~k~=~ sec?nded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; Pedersen,1 aye, Johnston, aye; Parry, aye; Mayor Standley, aye; motion carried. ORDINANCE ~10, SERIES OF 1976 - Graphic Design Mayor Standley opened the puklic hearing. There were no comments. Mayor Standley closed  0rd.10,1976 the public hearing. Graphic Designs Councilwoman Pedersen moved to read Ordinance 910, Series of 1976; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE (Series of 1976) AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 24, THE SIGN CODE OF THE CITY OF APSNE, SO AS TO REQUIRE THAT BEFORE ANY EXTERIOR GRAPHIC DESIGNS ARE PAINTED WITHIN THE CITY A PERMIT MUST ISSUE THEREFORE; PROVIDING THAT THE GRAPHIC DESIGN PERMIT APPLICATIONS BE REVIEWED BY THE CITY COUNCIL (AND HISTORIC PRESERVATION COMMITTEE IF PROPOSED TO BE LOCATED IN AN HISTORIC DISTRICT OR ON AN HISTORIC STRUCTURE); PROHIBITNG THE USE OF DIRECT OR INDIRECT LIGHT- ING OR MOVING PARTS ON A GRAPHIC DESIGN; AUTHORIZING THE CITY COUNCIL TO ATTACH REASONABLE CONDITIONS TO A PERMIT APPROVED (INCLUDING ANNUAL MAIN- TENANCE INSPECTION); GIVING SPECIAL CONSIDERATION TO HISTORIC SIGNS; AND PROVIDING THAT NO PERMIT NEED BE APPLIED FOR TO REPAINT ANY GRAPHIC DESIGN FOR WHICH A PERMIT HAD PREVIOUSLY ISSUED was read by the city clerk. Councilwoman Pedersen moved to adopt ordinance ~10, secies of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilman De Gregorio came into Council Chambers. CITY MANAGER 1. Tennis Pro Shop. City Manager Mahoney told Council he was bringing a plan to Council for a tennis pro and starting shop at the Plum Tree Inn. Mahoney stated there were more Tennis pro benefits to relocation of the tennis shop, one of them would be better control of the shop at tennis courts. This shop would be located just north of the entrance doors. This would Plum tree not be a big construction item; it is added on to the northeast side. Councilwoman Pedersen said she would want to see plans. Mahoney said this project would not cost the City any front end cash. ~ ' Parks and Recreation Director Ted Armstrong told Council he would hate to see the City ! lose complete control of the present golf pro area. The City will need two pro or starting shops, one for golf and one for tennis, otherwise you lose control of tennis · or golf course. Councilman Parry moved to have plans drawn up for the tennis pro and starting shop and have the Plum Tree attorneys and City Attorney draw up conditions; seconded by Councilman De Gregorio. Mayor Standley pointed out that no revenue would be generated in the spring out of this extra room mn the Plum Tree. Councilman De Gregorio suggested that when the former pro shop was not being used for conventions by the Plum Tree that it be used by the City, Boy Scouts, Chess club, etc. Mayor Standley suggested instead of tacking on a tennis pro shop, that the present golf shop be remodeled by excavating out around the room and making it garden level. Council felt this would improve the gclf starting shop. Mayor Standley said if the Plum Tree were not going to pay for this remodel, then Mahoney should cost the project for the Council. Councilwoman Pedersen moved to punch a hole in the pro shop and excavate; seconded by Councilwoman Johnston. All in favor, motion carried. 2. Plum Tree Inn parking lot. City Manager Mahoney told Council the City had funds set aside last year to do seeding on the parking circles at the Plum Tree. It was not done in 1975; Mahoney is asking for $500 road base for the circles and some money for seeding. Plum Tree Councilman Parry said he would like to consider rearranging the circles before they are parking lot seeded. Finance Director Butterbaugh said there were funds in sixth penny and park dedication. The costs will be $500 for road base and gravel; $250 for grass seed; S120 for fertilizer; parts for water system,~ S150. Councilwoman Pedersen moved that from funds in the park dedication fund, $1020 be appropriated for road base, grass seed, etc., at the Plum Tree parking lot; seconded by Councilman Behrendt. Councilman Parry, Jim Furniss, Armstrong and Mahoney are to rearrange the parking circles. All in favor, mction carried. 3. Wagner Park Resodding. Armstrong told Council that nothing, except spot seeding, had been done to Wagner Park in eighteen years. Armstrong said Wagner Park had to be top dressed, existing water system had to upgraded. Councilwoman Johnston said the drainage Resodding o problems, low spots also had to be worked out; there also seems to be a stench coming ] Wagner park from Wagner Park that should be investigated. Councilwoman Pedersen asked if it would be possible to charge a fee for the intensive, heavy use of Wagner Park. Mayor Standley pointed out that the City recreation uses, as well as frisbee, etc., put at least as much wear on the park as rugby. Resodding was in the budget for this year, but it had been taken out and added as part of the mall. Mayor Standley said that a lot of congestion is created by softball and rugby at Wagner Park. This park is a blank, dead field in the winter. The City had eleven acres at the Rio Grande, which has been discussed as part of a greenway plan, has transportation to it and a parking lot. The Rio Grande is a beautiful environment and needs to have some activity developed on it. Mayor Standley felt that Council should consider this plan and try to get support and funds from the County Commissioners. Councilman Parry agreed but felt this was part of the master plan for the Rio Grande and in the future. The Council needs to decide on Wagner Park resodding. Councilman De Gregorio moved to okay resodding Wagner Park; seconded by Councilman Parry Mayor Standley asked about park space while this resodding was being done. Armstrong said the resodding takes four weeks and he will have Wagner Park ready by the time soft- ball and rugby are ready. Armstrong told Council if he couldn't start Wagner Park by next week, he would not start the project this year. Armstrong told Council that all the labor and equipment would be furnished by the sodding people. The only part of the project to be done by the City is putting in the irrigation system. Councilwoman Johnston said she felt strongly that Wagner Park should remain an active park because of its location in town and the way it has been accepted. It is part of Aspen and the kind of town it is. All in favor with the exception of Councilman Behrendt. Motion carried. 4. Wheeler Opera House. City Manager Mahoney told Council that the decision to close the third floor of the Wheeler Opera House was triggered by the City's insurance agent, Wheeler Opera who had said he would take coverage away from the Wheeler if things were not improved. House Mahoney then directed Art Hougland to start process to close down the Wheeler Opera House; the process took about four days. Mahoney reminded Council that the City is in arbitration with the tenant. The City budgeted $57,000, anticipating that the tenant would provide some funds, and perhaps the Federal goverrm%ent would provide some. $80,000 expenditure would bring it up to a safe condition. Chick Collins, consultant on the Wheeler, had reviewed the building; Art Hougland, Fire Marshall, had also reviewed the building. Hougland pointed out the hazards to Council; (1) the fire escape is open metal and is useless because of all the windows along it (2) for offices on the second floor there are no exits (3) the 3 inch stand- pipe in the building is reduced to a 3/4 inch pipe (4) fire alarm system does not work properly and is an unreliable system. (5) on the exit way from the theatre, there are no fire doors; main exit is supposed to be able to evacuate 50 per cent of the occupancy load, which it will not do now. Chick Collins told Council he had looked into a sprinkling system for the building and has an estimate for that project. Collins said he had an electrical engineers report with recommendations for rewiring the building in an attempt to bring it up to Code. Collins recommended that a master plan be developed to set the steps in line with a development program to lead to a performing arts center. The City needs to have a long range program to see the ultimate goal for the Wheeler and to incorporate the corrected safety measures that have to be addressed. Mayor Standley asked if the $57,000 budgeted plus 1/3 from the tenant, total of $74,000 would be enough to do the remedial work to make the building fire safe. Collins said the estimate for the rewiring is $80,000 and the sprinkler system about $15,000. Hougland stated there should be smoke vents over the stage area; there should be at least a two-hour wall between the stage and auditorium. These have not been figured in the cost estimates. The total cost to make the theatre fire safe is over $100,000. City Attorney Stuller told Council that she had accepted Hougland's determination that the Wheeler is an unsafe.building. The City is acting as a governmental agency in closing the building. The City, as a lessor, has a continuing obligation to offer the lessee a habitable building during the term of the lease. The City may be subject to claim for damages for lost revenue if the defects are not rectified with some dispatch. Mayor Standley said if there is $120,000 worth of work to make the building fire safe, there is a joint obligation on the lessee in terms of the internal part of the building the lessee is responsible for the safety. City Attorney Stuller pointed out that if the City was going to master plan the building and change the character of the building to accommodate future uses, then the City should talk to the lessee and terminate the lease. Mayor Standley suggested directing Mahoney to discuss the entire issue with the lessee and find out what his position is. Don Swales, lessee, told Council he had operated the Wheeler for twelve years. Swales said he had inspections and insurance, and his insurance was still in force. Swales told Council he had rewired the building ten years ago. Mayor Standley asked Swales to have his insurance inspector go over the building with Hougland to see if they agree on the hazards. Mayor Standley also told Swales to sit down with Mahoney to discuss his interests in the lease, the options, and the long range plans for the Wheeler. Councilman Behrendt moved to direct Mahoney to sit down with Don Swales to get a definitive plan to get the building up to code in the shortest period of time. Then it is up to Swales, based on the lease, to decide whether or not he is interested in doing that; seconded by Councilwoman Pedersen. All in favor, motion carried. MAYOR'S DEED - Parsons Estate Councilwoman Johnston moved to approve the Mayor's deed; seconded by CouncilwomanEstate Parsons_ Pedersen. All in favor, motion carried. Mayor's deed ~ ORDINANCE #18, SERIES OF 1976 - Water Extension to Aspen Valley Hospital City Attorney Stuller told Council there were two amendments to the ordinance; both Ord.18,1976 amendments made reference to the water extension agreement to be entered into between Water Extension the City of Aspen and Hospital District. to AVH 1999 Regular Meeting Aspen City Council April 12, 1976 Councilwoman Pedersen moved to read Ordinance ~18, S~ries of 1976, as amended; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~18 (Series of 1976) AN ORDINANCE APPROVING THE EXTENSION OF THE CITY WATER SERVICE TO THE SITE OF THE NEW ASPEN HOSPITAL SUBJECT TO COMPLIANCE WITH CERTAIN REQUIREMENTS OF THE CITY ENGINEER AND CONVEYANCE BY THE HOSPITAL DISTRICT TO THE CITY OF AN EASEMENT FOR ITS TWELVE (12) INCH MAIN IN PLACE PARALLEL TO CASTLE CREEK ROAD was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~18, Series of 1976, as amended; seconded by Councilman De Gregorio. Roll call vote; Councilmembers De Gregorlo, aye; Behrendt, aye; Parry, aye; Pedersen, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Councilwoman Pedersen moved to adjourn the meeting at 9:45 p.m.; seconded by Councilman De Gregorio. All in favor, motion carried. Kat~uter, City Clerk