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HomeMy WebLinkAboutminutes.council.19760112 Mayor Standley called the meeting to order at 5:07 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Pedersen, Wishart, City Manager Mahoney and City Attorney Stuller present. MINUTES Coun¢±lwoman Gohnston moved to approve the m±nute$ of DecemBer 22 and 23~ 1975; seconded B7 Councilman ~±shart. ~ll ±n favor, mot±on oarr±ed. ¢oun¢±lman De Gregorio quest±oned the list of unauthor±~ed purchase orders for th±s unath6rize~ period and stated the people responsible for them should be made to pay them. Finance purchase Director Butterbaugh told Council that any unauthorized purchase orders will be sent orders back to the vendor. Ms. Butterbaugh stated the finance department has notified vendors that purchase orders will be required. City Manager Mahoney pointed out that unauthorized purchase orders does not necessarily mean the expenditures were unauthorized. Mahoney told Council that he and Ms. Butterbaugh were working with the department heads on unauthorized purchase orders. Councilwoman Pedersen moved to approve the December accounts payable; seconded by Councilwoman Johnston. All in favor, motion carried. CITIZEN PARTICIPATION No comments. COUNCILMEMBER COMMENTS 1. Councilwoman Pedersen told Council that when the traffic at the stoplight on Highway Pomegrante bus - 82 was backed up, the Pomegrante bus was going down the bicycle path. Mayor Standley bike path answered that they were using the access road to the Plum Tree during the winter. 2. Councilman Parry pointed out that the bus from Snowbunny does not run from 6:45 p.m. Snowbunny to 8:00 p.m. that kids can't get into town for the movies at this time. Transportation bus Director Yank Mojo told Council that is when the drivers eat their dinner. The only way to cover this is to hire another driver. Both town shuttle buses refuel at the same time, they take a natural break from 1 to 2 p.m. in the afternoon. Mojo told Council he would have to put another bus on line with another driver; sometimes his department does not have another bus to run. Councilwoman Pedersen said one way to really build a transportation system is to have a bus running constantly until it shuts off at night. City Manager Mahoney said since everyone was in agreement to fill up the holes in the schedule, he would work it out with Mojo. 3. Councilwoman Johnston brought up the problem of snow removal and asked for another Councilmember to help resolve it. Councilwoman Johnston said she felt that people snow who had their driveways plowed shut had a valid complaint and she had two or three removal ' suggestions. Councilman Behrendt said he would work on it also. 4. Councilman De Gregorio pointed out the City had moved the stoplight from the middle of the block to the corner to accommodate children crossing; there is also a police school officer on the other corner. Councilman De Gregorio questioned why the children crossing couldn't cross at the corner with the light and not stop cars twice. Councilman Behrendt pointed out that children cross the corner closest to them, and the police officer is only there once a day. 5. Mayor Standley told Council that the joint Mall Commission meeting would be Tuesday, January 13 at 3:30; the joint P & Z meeting had been cancelled. 6. Mayor Standley announced that Mike Otte had resigned from P & Z and asked the city clerk to advertise the vacancy. STUDENT COMMENTS There were none. UMTA - Report from the County Commissioners Planner Bill Kane told Council that the County Commissioners were present to go over UMTA the status of the UMTA application and UMTA's answer. report by County Commissior Commissioner Joe Edwards said essentially what UMTA has done with the application as a result of some pressure, they decided the application was interesting but 8 or 9 million dollars of Federal money was a lot to put out. Before UMTA makes any commit- ment, they want an intense study analysis done. Edwards said the County had, on their own, over a period of six to eight months done studies; Ross report, bus alternative, EIS. As a result of these studies, the County had come to the conclusion that the rail was the mode to go with. Edwards stated that UMTA did not disagree with that; UMTA they.want to take $200,000 to make a complete analysis of all the possible alternatives grant of mode, mechanics, financing, all possible impacts. UMTA would rather give front end money and make sure that the ultimate decision is made with all available data that could possibly be put together on the project. Edwards told Council the County has a head start on this because of all the previous work. The study will go on for the next three or four months, at which time the County will make a mode selection. At that point, if UMTA agrees with the selection and if they agree that the analysis has been done right, they will be interested in giving a grant for preliminary engineering. Edwards indicated it was highly unlikely that UMTA would invest in a preliminary engineering phase unless they had a firm feeling thia was definitely a good project. Edwards asked that the Council appointed a member to attend all the ad hoc meetings. Edwards said he would like somebody from the City to get notice of and participate in the discussions. Edwards said the whole study will be done to the ultimate level that it is possible; the dollar figured alternatives and data will be tight. The planning UMTA report process will include the total alternatives analysis. Edwards said they would devetope a list of alternatives, so that anput from citizens and the City is important. Edwards told Council that the County is in the process of interviewing consulting firms to work on this analysis; the consulting firm will be selected in conjunction with UMTA. This will be a total and complete planning project including financing alternatives, analysing the environmental impact, what it is going to do to the landscape, and auto disincentive, and how this might be accomplished. County Commissioner Dwight Shellman said the rail question or high volume mover question is a linch pin to the larger question of what to do about automobiles in the community. Shellman stated that UMTA is interested in dealing with transporation problems, and they indicated that Pitkin County as a place where these problems can be dealt with. The 'County has actually done a preliminary analysis of what auto diversion might be. What the next step will be is emphasis on refining how to deal with the automobile problem and its impacts. Shellman stated that the Commissioners had taken a relatively small budget for an alternative analysis and ended up selecting rail; however, the only way that rail can be accepted is to remove personalities and let the community make the selection on the alternatives merits. Shellman told Council that this would not be a rail evaluation, but an auto disincentive evaluation. The City is deeply involved because it is trying to deal with the impacts of auto congestion. The County will retain some teams; Ross will continue to work on this. A German engineer will be here next week. All consultants for the various phase studies will be chosen on a competitive basis. UMTA told the County that has to be the way it is. All phases of the analysis will be independently evaluated. Shellman pointed out this was no longer a political project. Shellman explained the process will be weekly or bi-weekly meetings. There will be one report. All the groups will collaborate and integrate their work into one report. Shellman said the County would make the schedules available so that people can participat~ in citizens groups. Shellman said they would like to retain the integrity of the design they began with. Mayor Standley said as long as a total evaluation was being done, was there any reason not to include a downvalley light rail system. Shellman answered it could be done but the problem is money. Edwards pointed out the charge from UMTA is to deal with the Snowmass to Aspen traffic problem. Councilwoman Johnston asked how the 20 per cent County share of the grant would be handled. Shellman answered that most of the 20 per cent would be in-kind services. ~ Edwards said the ski corporations had indicated a willingness to participate in a preliminary phase, but he had not discussed this particular study with them. Edwards stated that the ski corporations had the same concern that UMTA had; this is a very substantial investment and they did not want to participate lightly. Edwards said he felt it would be appropriate to ask the ski corporations if they would stay with the formula. Mayor Standley asked what role the planning department would play in this project. Kane said they would try to provide a communications function between the city and county. The planning office has been involved in an auto disincentive program because it is so closely related to City problems. Councilman Behrendt asked if the City and County were successful in holding a 3 per cent growth policy, would a major transporta~ion~program be necessary. Shellman answered that that aspect would also be studied, the "do nothing' phase. Councilmembers Wishart and Parry were appointed to the ad hoc committee on transportation Mayor Standley suggested that UMTA report be a regular agenda item. Shellman stated there has been lots of preoccupation with this issue and people have chosen sides. If this continues, the county will not be addressing what has been an overriding issue in the city and county for twenty years. Shellman stated it was more important to get this completely evaluated than to play the game. Councilman Behrendt asked if and when there would be a county-wide election. Shellman said when the County has some kind of system or a means to implement it. TRUEMAN PROPERTY - Conceptual Subdivision Joe Porter outlined the steps for a subdivison under the new PUD ordinance, ~71, Series of 1975. Porter told Council that this project is still in conceptual presentation Trueman Prop. stage. Porter said they had re-examined the project and felt this particular site can Conceptual and should accommodate 75,000 square feet of mixed uses. Porter illustrated neighborhood Subdivision commercial centers; Snowmass, Woody Creek, Airport Business Center, one in the West End which would include a high percentage of local resident, and three in the downtown core area of Aspen. Porter said he felt that downtown Aspen is a regional shopping c~nter which accommodat~a different level of facility. Porter said there are two basic kinds of commercial activity, tourist and local resident. The central core as very heavily tourist commercial, much more than local commercial. The peripheral area as becoming more of a local facility. Porter stated that the kinds of things people that live here buy cannot be provided in high-income rent area of town. Porter contended that the periphery is becoming more and more local commercial and there will be a point in the 'downtown area when local commercial will be moved out. The Trueman property is zoned N/C, office and S/C/I. This is a very Important place iTrueman for the community to keep an option for growth and for local commercial to move to. Property Porter told Council they had asked for 75,000 square feet on this property. Porter cont. said they were willing to phase the project however Council felt was reasonable and be able to go to 75,000 in the future. Larry Yaw, architect, told Council the building would be basically commercial/ service building with a post office. The building would be pushed back as far against the hill as possible with shared parking in between the roadway connecting Mill street to the post office. Prom an architectural standpoint, by pushing the building into the hill as much as possible it will reduce the mass and make it as much as possible an extension of the existing land. Yaw explained the food market would be on the interior with other support facilities on the exterior. The design is a group of buildings separated by a mall space and would allow pedestrian access from both sides. There would be an open mall space on the lower level backing into the hill. Living units would be on the third floor; if there are not living units, then the building will only be two floors generally interconnected by the mall. The uses for this building are outlined by neighborhood/commercial in the code. The lower level would be food market, drug store, liquor store, dry cleaning. The upper level would be small appliance, medical and dental suite. Yaw is proposing a 75,000 square foot building to include 20,000 square feet for a food market. Councilman Wishart said that both Yaw and Porter had mentioned phasing but had not explained how they would do it, what size they would start with. J. R. Trueman told council that for the economics of the building, they would do the phasing vertically starting with the first floor, scale size 35 to 40,000 square feet. Trueman stated ~ to take advantage of the total impact of having an efficient shopping area, most of the retail should be done at one time, which is primarily the first floor. Planner Kane told Council the December 1, 1975, memorandum from the planning staff takes issues with a 75,000 square foot building. Kane stated a building of that size contravenes the zoning categories applied to that site by the P & Z. The site is zoned specially planned area, N/C, and S/C/I. A building of that size would go beyond the intent of N/C district. Kane stated the N/C zone allows by right 35,000 square feet. Kane told Council the large issue in the coramunity is the relationship between the down- town and the Trueman property. There is a plan for malls downtown, and taking out parking. The Trueman property will have 300 parking spaces and uses that would be competitive to the downtown. This would clearly be an unfair operation. Kane pointed out that the post office has to be regarding essentially as a retail operation; that is 23,000 square feet use not originally envisioned for that property. Kane recommended that the retail function be cut back substantially. Should a 20,000 square foot food store prevail, the recommended maximum is 40,000 square feet for retail. Kane stated that should 15,000 square foot food market be adhered to, the planning office would recommend 35,000 square foot building for retail functions on that sitel The planning office recommends that more serious attention be given to classic commercial uses on the property. Councilman Behrendt said he felt that 15,000 square foot grocery store with up to 10,000 in storage would be fine for the community. Councilman Behrendt felt that six or seven peripheral uses up to 30,000 square feet would also be all right. Trueman told Council he had well over eight acres; he had spent time trying to figure out what should be done on the site and had come up with what he felt is a reason- able use for eight acres in the City of Aspen. Trueman said he could show his plan is well under the density of anything existing in the City. Trueman said they would hopefully build in a series of steps, at least three, in phases of community needs. Yaw demonstrated the h~erarchy of scale; 358,000 square feet allowed in the S/C/I zone; N/C allows 300,000 square feet. The new zoning proposed for the property reduces present zoning in half and would allow 150,000 square feet. Their proposal for the site, including 23,000 square feet for the post office, would be a total of 98,000 square feet. Yaw compared the F.A.R. in the 400 block of Hyman which is 2.33 FoA.R; the F~A~R. for the proposed building would be .209. Yaw stated the land area is six times as big; the F.A.R. is ten times as little. Kane said a F.A.R. discussion is meaningless for a specially planned area. Kane stated he felt that SPA was put on this property wisely; if the full F.A.R. were used, there would be a building of 500 to 600,000 square feet down there. The SPA zones states what uses are permitted and regulates the size of the building. Kane reiterated he would recommend 40,000 square foot building with some S/C/I uses. Councilman De Gregorio asked how much area would be parking. Yaw answered they had enough land to supply 4:1 parking or anywhere down from there. They could create high intensity or low intensity parking. The planning office is willing to work anywhere in between to accomplish something in parking relative to the auto disincentive program.- Yaw told Council there is no~ enough market demand presently to underwrite a 75,000 square foot facility. Yaw said there may be a need for one in ten years. They would like to consider phasing the building and leave the back end of the equation open for some unknowns. Mayor Standley said if the Council approved a phase of the sub- division, they would have to come in later for resubdivision or rezoning. Kane pointed out this required a master plan adopted for the property right now. Trueman said he would take phasing approval depending on how it was structured. If it were a closed door, no. He is not will to say there should only be 40,000 square feet on that property. Kane stated it was clear there is a compelling need for development of some of the property right now. City Manager Mahoney said he felt Trueman there was not enough market in the community right now to support 75,000 square feet. Property Councilman De Gregorio said none of the plan threatened him except the proposed dwelling cont. units; that would be encouraging additional people to move into the community. Kane explained to Council that when the zoning was adopted, very few places were desig- nated N/C, one of those is the new Durant Mall. Kane said that uses not allowed in the N/C zone are filling the building. Every week before P & Z~there has been a use determination for the Durant Mall building. Porter pointed out that the Durant Mall is in the tourist core; it is no longer neighborhood/commercial. That illustrates what is happening in the downtown. Councilman Parry said he felt the location of the Durant Mall is an entirely different area than this site.. CouncilWoman Johnston said her concern with size is the traffic generator. Councilwoman Johnston said she felt this proposed~ building is larger than a neighborhood facility. Mayor StandleY stated the Council was not interested in a 75,000 square foot building. Mayor Standley said additionally the mechanism exists for future approval and expansion should it be deemed necessary by the proponent and the City Council. Councilman Wishart moved to table the conceptual subdivision approval; seconded by Councilwoman Pedersen. All in favor, motion carried. HORSERACE .TRACK Doug McCoy told Council he was proposing open space and a facility that local people could enjoy. McCoy said he was looking for City Council approval or disapproval of Horserace a combined City/County fairground, race track facility, equestrian show ring. McCoy track said the property at present that is most desirable is the City-owned Thomas property. Thomas Up until recently it was zoned open space; how it is zoned C, conservation, which allows that particular type of a facility. Prop. McCoy said he planned approximately 3/4 miles of horse, race track with a standard size horse show ring. This would leave enough area remaining next to Highway 82 for open space~ McCoy said he originally planned to use the golf course land, but this met with a lot of opposition. McCoy said the field could be used by anybody who had an outdoor event; horse racing, shows, 4-H livestock and agricultural work, rodeo club, county extension activities, dog and kennel shows. McCoy'told Council he was asking for two things (1) conceptual approval whether the track would be on this land or another piece of land (2) a lease on the piece of land for approximately five years with renewal clause. McCoy explained that if the land was found to be inadequate (too Small or another use) the whole facility could be taken and moved as it only consists of lodge pole railing. McCoy stated this was not going to encourage growth to any amount. McCoy's proposal would produce some revenue on this p~ece of land; would retain open space concept of the land and not detract from its present state; and would provide an outdoor recreational facility for the local people. Councilwoman Johnston asked how an outdoor track could stand alone; where are the stable~ watering facilities, parking, grand stand. Councilman Wishart agreed this was a good idea, but not for that particular piece of property. Councilman Wishart pointed out this would have a high impact on a property the Council envisioned as low use. A horse meet every month would turn up the ground; there is a traffic problem out there anyway. Councilman Behrendt suggested referring this project to the planning office for an alternate site study~ Councilman De Gregorio said he did not thin~ you could stretch C, conservation into a project like this. Councilman De Gregorio said he did not see C being horses, trailers, cars, burning up the grass, etc. Councilman Behrendt moved to refer this to the planning department for alternate site analysis; seconded by Councilman De Gregorio. All in favor, with the exception of Councilwoman Pedersen. Motion carried. THE CLARENDON - Application for a three-way liquor license Mayor Standley opened the public hearing. The city ~lerk reported the files were in The Clarendon order. 3-way liquor license Tony Mazza, attorney for the applicant, tendered a Petition signed by 350 residents requesting the license be granted. Mazza gave Council copies of maps showing the types and numbers of liquor licenses in the City of Aspen. Mazza told Council the applicant is Centennial Restuarant Corporation d/b/a/ the Clarendon. All the stock is owned by Tom Bruggeman, President of the corporation and active manager. The restaurant will be situated in the 620 Hyman Building, which is not completed. Manna pointed out when the building went through review, the applicant told the planning office that the contemplated use for the basement area wasa restaurant. The restaurant will be open year round for lunch and dinner. Mazza told Council the applicant had invested $160,000 in the operation and has hired a restaurant designer~ Manna submitted a floor plan. Dinner will be continental in nature; lunch will be a fairly fast turnover type of operation intended to facilitate employees in town. The seating will be 100 in the restaurant and 50 in the lounge. Mazza addressed the desires of the inhabitants and needs of the neighborhood with the signatures on the petition which were personally secured by Ton Bruggeman. Mazza stated that the needs of Aspen for liquor licenses are substantially different from a typical small town. Mazza stated Aspen needs outlets which must satisfy the demands of high volume tourist type community. All there is a need for variety in this community. Mazza stated that subsequent growth not withstanding, there are not enough restaurants to serve the present capacity of Aspen. Mazza went through statistics illustrating Clarendon the growth of Pitkin County and Aspen and pointed out that Aspen just had another 3-way liquo~ record Christmas. Mazza stated that the skier visits are up 22 per cent annually. license Mazza said the eXisting outlets of three-way licenses has not kept up as compared to other barometers in Aspen. Mazza told Council that Tom and Jane Bruggeman had lived here five years. Tom Bruggeman has worked in restaurants and knows the business. Mazza stated the Bruggemans have demonstrated their desire to help the community. Mayor Standley asked the opening date of the restaurant; Bruggeman answered approximately June 1. Councilman De Gregorio pointed out it is difficult to get into a restaurant during the peak season, but that is only four or five weeks. Councilman De Gregorio said he felt the Council should try' to discourage people from getting into the restaurant business because he doesn't feel there is any more room for restaurants. Mayor Standley asked for opponents. Attorney Jim Moran told Council he did not oppose issuance of the liquor license, but he did have a client developing an approved sub- division by the same name. Moran suggested changing the name of the restaurant just to avoid confusion. Bruggeman said he was not set on any name. Mayor Standley closed the public hearing. Councilman De Gregorio moved to approve the liquor license with the stipulation they change the name; seconded by Councilwoman Pedersen. All in favor, motion carried. 1041 SUPPLEMENTAL FUNDS Karen Smith, planning office, told Council that the planning staff is available to undertake any work under H.B. 1041 that Council may wish. Ms. Smith said that supple- 1041 mental funds are to carry out identifying matters of state interest. ~he funding has Supplemental funds been seVerely cut; there is $250,000 available for dispersal throughout the state. Last year the emphasis was on hazard area identification, geological flood plains, planning wildlife. Ms. Smith told Council this year a new requirement is that the funds must be matched. The planning staff decided to take a long shot and give the City an opportunity to join. The County is going for $5,000 for minimum stream flow map; this should have some benefit to the City. In the City it is difficult to find many areas for 1841; primarily historic sites comes to mind. The concept is restoration work for two historic sites; Ute Cemetery and Aspen Grove Cemetery. The request is for $3750 that would be matched by $2500 already appropriated to the Aspen Historical Society and $1250 County appropriation to the Aspen Historical Society. Ms. Smith outlined getting involved in the 1041 program. Once request money comes, the City would have to proceed with the 1041 program to the eXtent of holding designa- tion hearing. The City must go through the identification process and notice to the planning commission as part of the master plan. Ms. Smith explained the reason the County is pursuing 1041 is that it gives the County enabling authority that is hard to find in the existing statutes. In the case of home rule cities, they have all the authority they need. Ms. Smith told Council another consideration in applying for these funds is that the City has not demonstrated any interest to date in the program; that may affect the state's review of the application. Kane said this looked like it is more effort that its worth. Kane said the only reason they brought this up was to show the Council there is a chance to get money. Kane advised the City to stay out of 1041. RESOLUT.ION #~., SERIES OF 1976 Joint Facilities Agreement/computer Councilwoman Pedersen moved to read Resolution ~1, Series of 1976; seconded by Res.l,1976 Councilman Wishart. All in favor, motion carried. Joint Facilities RESOLUTION ~1 Computer (Series of 1976) WHEREAS, there has been presented to the Aspen City Council for its consideration a CITY OF ASPEN/PITKIN COUNTY JOINT USE OF FACILITIES AND LEASE AGREEMENT providing for the joint use of the City's computer system by the City and County, and WHEREAS, the City is authorized by its home rule charter to enter into such agreements, but must ratify the same by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That it does ratify that JOINT USE OF FACILITIES AND LEASE AGREEMENT between the City and County attached hereto and incorporated by this reference, and does further authorize the Mayor, Stacy Standley III, to execute the same on behalf of the City. 2. That that earlier agreement concerning the same subject matter between the City and County effective November 25, 1975, be deemed of no further force and effect, and superceded by the attached Agreement. was read by the city clerk Councilwoman Pedersen moved to adopt Resolution 91, Series of 1976; seconded by Councilman Wishart. Councilwoman Johnston questioned the fact that the cost of the communications line to the Courthouse was shared equally. Finance Director Butterbaugh pointed out that the City had a slight advantage by having the computer in City Hall and wanted to put the County on equal footing. All in favor, motion carried. COOPER STREET LOFTS - ConcePtual Subdivision Approval Hal2~Clark, planning office, told Council this project would be six units located at Cooper and Aspen, immediately to the south'of the Mouse House and east of the Little Red Ski Hostel. The area is zoned R/MF; the project contains 6,000 square feet and is Cooper six studio units. The property is presently occupied by a duplex. The P & Z and Street planning office rec6mmend approval of the prgject. Lofts - Conceptual Councilman Behrendt moved to give conceptual subdivision approval to this project; Subdivision seconded by Councilwoman Johnston. All in favor, motion carried. WEDUM-HYMAN - Conceptual Subdivision Wedum-Hyman Hal Clark told Council that Wedum-Hyman is basically half the size it was. The planning Conceptual office has tried to adjust the project working with the developer to fit the proposed Subdivision R-30 zoning. The R-30 zone would allow two duplexes, four separate dwelling units. The planning office has agreed to try to cluster those units in a PUD development and allow individual lot~s to be developed, allowing one single family dwelling on each lot. These lots would be smaller than the 30,000 square foot lots as required, but the provisions in the new PUD regulation state if the whole property is of the size to accommodate the appropriate amount of lot area, the lots can be of a smaller size.. There is an area at the bottom of the project which is a common area to be owned by the purchasers of the four lots. The planning office is recommending that no access to each of these units be allowed from Spring street. City Attorney Stuller had recommended that this project come back to City Council for conceptual approval since the project has changed drastically from the initial ten units to eight units. Councilman De Gregorio asked if the parking had changed. Clark said it was located on the top of the project off Gibson avenue. No parking or vehicle access of anY kind off of Spring street is allowed, Councilwoman Johnston asked if this project would be affected by the plan for Lone Pine road and Smuggler Mountain. Kane answered that the City would be locked into providing access to this site regardless of the Lone Pine realignment. Councilman Wishart asked how much the price had been pushed up by cutting the project from eight to four units. Randy Wedum said about doubled, but these units were never proposed as medium or loW cost housing. Councilman CounCilman Parry moved to approve conceptual subdivision; seconded by Councilwoman Pedersen. All in favor, motion Carried. ORDINANCE ~66, SERIES OF 1975 Keeping of livestock in residential districts Mayor Standley opened the p~blic hearing. No comments. Mayor Standley closed the heari~ Councilwoman Pedersen moved to read Ordinance #66, Series of 1975; seconded by Council- man Parry. All in favor, motion carried. ORDINANCE #66 (Series of 1975) 0rd.66,1975 AN ORDINANCE AMENDING SECTION 24-3.7 OF THE ASPEN MUNICIPAL CODE (A ZONING Keeping PROVISION) BY THE ADDITION OF SUBSECTION L THERETO RECOGNIZING AS AN Livestock ACCESSER USE WITHIN THE RESIDENTIAL DISTRICTS THE KEEPING OF LIVESTOCK; in residentail PROVIDING THAT SUCH USE IS CLEARLY INCIDENTAL TO THE USE OF THE PREMISES districts AS A RESIDENCE AND NOT USED FOR COMMERCIAL PURPOSES was read by the city clerk, Councilwoman Pedersen moved to adopt Ordinance 966, Series of 1975, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; De Gregorio aye; Johnston, aye; Parry, aye; Wishart, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE #71, SERIES OF. !.975~ PUD Regulations Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance $71, Series of 1975; seconded by Council- 0rd.71,1975 man Behrendt. All in favor, motion carried. PUD regulations ORDINANCE #71 (Series of 1975) AN ORDINANCE REPEALING AND REENACTING ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE CONCERNING PLANNED UNIT DEVELOPMENT (PUD); DESCRIBING DESIGN APPROACHES AND ALLOWABLE VARIATIONS FROM ZONING CODE PROVISIONS AUTHORIZED IN PUD'S; STATING THE GENERAL REQUIREMENTS FOR PUD APPLICATIONS; OUTLINING REVIEW PROCEDURES; PROVIDING FOR CONCEPTUAL, PRELIMINARY AND FINAL REVIEWS AND DESCRIBING MATERIALS TO BE SUBMITTED WITH RESPECT TO EACH; PROVIDING FOR MANDATORY PUD'S; ESTABLISHING CRITERIA FOR COMMON AREAS; PERMITTING ARCHITECTUAL REVIEW; REQUIRING SUBMISSION OF A LANDSCAPING PLAN AND ADHERENCE THERETO; PERMITTING VARIATIONS IN OFF-STREET PARKING REQUIREMENTS AND ALLOWABLE DENSITY; REQUIRING AN OPEN SPACE AND COMMON FACILITIES MAINTENANCE AGREEMENT; REQUIRING ADHERENCE TO A CONSTRUCTION SCHEDULE; ESTABLISHING RECORDING AND NOTICE PROCEDURES; CREATING ENFORCEMENT RIGHTS IN THE CITY AND IN RESIDENTS AND OWNERS OF A PUD; CREATING PROCEDURES FOR THE WITH- DRAWAL, RESUBDIVISION AND AMENDMENT OF PUD PLANS was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance $71, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote, Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye;'D~G~eqorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #96, SERIES O~. 1975 Callahan Rezoning St~d~ey~open~-the'~iic-h~aring. There were no comments. Mayor S%andley closed the public hearing. Councilwoman Pedersen moved to read Ordinance #96, Series of 1975; seconded by Council- woman Johnston. All in favor, motion carried. Ord.96, ORDINANCE #96 Rezoning (Series of 1975) Callahan AN ORDINANCE ZONING THREE (3) PARCELS OF LAND LOCATED ON THE EAST END OF ASPEN AND WITHIN THE PROPOSED CALLAHAN SUBDIVIION, TWO PARCELS HAVING BEEN RECENTLY ANNEXED TO THE CITY; ZONING PARCEL 1 (CONTAINING APPROXIMATELY FOUR ACRES) RURAL RESIDENTIAL; ZONING PARCEL 2 (CON- TAINING APPROXIMATELY TWO ACRES) R-15 (RESIDENTIAL); AND REZONING PARCEL 3 (CONTAINING SIX ACRES) FROM R-15 TO RURAL RESIDENTIAL was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 996, Series of 1975, on second reading; seconded by Councilman Parry. Roll call vote; Councitmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. As~n Athletic Club. Memoranda were submitted to Council from City Manager Mahoney and Parks and Recreation Director Armstrong. Mahoney told Council that based on these Aspen memoranda he would recommend that Armstrong negotiate a new lease with the Aspen Athletic Athletic Club for the Lift 91 building. Mahoney reported that part of the lease was Club that the Rugby Club keep up the repair of the building; in the past they have had some lease maintenance problems. Mahoney recommended that the building be returned to Armstrong. Councilman Behrendt moved that Armstrong negotiate a new lease and that the building be under his control; seconded by Councilwoman Pedersen. Councilwoman Johnston asked if the recommendation included that the building be made available to other groups. Mahoney answered yes; prior to this time the City had very little to say because the building was under the control of the Rugby Club. Michael Onmacht, representing the Chess Club, told Council his club was very active but had had a difficult time finding a place to play. Onmacht told Council there was a very big interest in ping pong; people would like to form a group and find a place to play. Armstrong told Council it was his idea an remodelling the building to leave it open enough and use partitions to accommodate more groups. Jim Moran, representing Steve Wright of the Skier's Chalet, told Council there had been problems last summer that the parties after a rugby victory created a serious impediment to Wright's business. There had been loud music, a lot of drinking, and public urination. Moran stated he would like some direction so that there could not be a big party up there on City property without type of constraints if the same thing took place in Wagner park. To use this property as a private social club is an abuse of City property when it has an affect upon another business. Mayor Standley agreed that this was a problem last summer. Mayor Standley directed Armstrong to solicit comments and specific proposals from other interested groups. All in favor, motion carried. 2. As~en Institute. City Manager Mahoney told Council he had been in daily contact with Joe Sla~er of the Institute looking for compatibility in both the City's and the Aspen Institute's desires. Mahoney had submitted a memorandum to Council simplSfying this Institute to a 90 acre purchase for a certain amount of money. Mahoney said he needed some property type of resolution to state what direction Council wants to take now. Mayor Standley said Council had directed him, Mahoney and Councilmember Pedersen to work with the Institute to find existing areas of mutual interest. Mayor Standley told Council the Institute is willing to try to put something together with the City. Mayor Standley said the investigation did not include appraisals or operation capital. Mayor Standley said he needed a motion from Council if they want to continue working to bring about a solution. Mayor Standley said he wanted to ask the Institute to provide specific information in order to figure out what the price m~ght be. Councilwoman Johnston moved to direct Mayor Standley, City Manager Mahoney and Council- woman Pedersen to continue to discuss with the Institute officials concerning public development of the property; seconded by Councilman Wishart. Councilman De Gregorio asked that before this be considered at a Council meeting, that the committee schedule a work session so that Council can sift through the information. Councilman Behrendt volunteered to be on the committee. All in favor, motion carried. 3. Public Service Rate Increase. Mahoney reported that he had met with other municipalitJ ~s and corporations that buy wholesale power from Public Service. The City is required to file an answer with the Federal Power Commission in opposition. Mahoney told Council Public it was agreed by those attending that to pursue this .independently would be a duplication Service of effort. It was decided to appoint one attorney to represent the group. Pueblo and Rate Greeley use about 2/3 of the energy of this group so they will pay 2/3 of the cost. Increase Littleton, Glenwood and Aspen will divide up the other 1/3 for the attorney. Mahoney told Council it is estimated that it will take approximately $30 to 50,000 to pursue this. Mahoney said lawyers, accountants, and engineers would testify and dig deeply into the public service operation to come up with objections to the rate increase. A Chicago law fir~', Keith Carday, will be in Denver January 21, 1976; Mahoney stated he would meet with Carday personally. Mahoney told Council he asked City Attorney Stuller to gave the City standing by immediately contesting this rate increase; the City will also join with the group protesting. Mahoney told Council Aspen's share will be $3 to 5,000. If the City is not successful, it as an 8 million dollar increase, of which Aspen's share would be $200,000. Councilman Behrendt moved to draft an ordinance to appropriate the money; seconded by Councilman Wishart. All in favor, motion carried. 4. Transportation/Bus Purchase. City Manager Mahoney explained to Council that the City needed approximately $5',~0 to get three buses from California. This money will repair and repaint the buses and get them on line. Mahoney said he was told by Yank Mojo these Bus buses are necessary to get the transportation department through this winter. Purchase Mayor Standley stated the City started witk a fleet of minibuses; this fleet has grown like a cancer. There are buses appearing from everywhere. Mayor Standley said that Council had no idea of the present size of transportation department. The Council has not been getting the kind of information from Mojo they need. Councilman Wishart said he did not particularly like the procedure, but it sounds like the City does need the buses to get through the winter. Councilman Wishart said in the future the Council should have a better capital outlay program arranged. Mayor Standley said Council is not getting the right information to make these decisions. Mayor Standley said he felt the City could probably lease buses if they needed them. Councilman Behrendt pointed out the aesthetic consideration of our bus fleet, but pointed out this was a small price to pay to get this City bus fleet through the winter. Councilman Behrendt said he wanted to do anything possible to make the bus system. Councilman Behrendt moved to authorize City Manager Mahoney and the department of trans- portation to go ahead and pick the buses up; seconded by Councilman Wishart. Council- members Behrendt, Wishart, Johnston, Parry in favor; Councilman De Gregorio and Mayor Standley opposed. Motion Carried. Mayor Standley instructed Mahoney to get "Free Shuttle" signs painted on the buses. Councilwoman Johnston said that Mojo should be told of the Council's concerns. VENDING AGREEMENT Hartwell/Emerson Vending City Manager Mahoney told Council that the administration had no directives on how to Agreement handle vending agreements. Hartwell and Emerson had come to Council to request they be given-permi~§~6n ~o vend~in t~e-city. Hartwell told Council they were interested in getting permtssaon to vend hot d~gs on 36 feet of city property. The space would accommodate a hot dog stand, cooler and waste basket. They want to establish in one location but the Stand would be portable in order to take it in at night. Mayor Standley said the City did not have a process established for approving this kind of thing, and this would be precedent setting. Mayor Standley stated he did not think this was the intent of the ordinance. Mayor Standley said on special events basis he could see this type of operation, but generally operating a mini-business an town he had reservations about. Councilman De Gregorio said it was unfair competition to restaurant in town. Councilman De Gregorlo moved to deny this request; seconded by Councilwoman Pedersen. Councilwoman Johnston said it would behoove the Council to establish guidelines. City Attorney Stuller pointed out the ordinance was a negative one, asserting the City's right to allow vendors discriminately. Ms. Stuller stated that the areas of concern are in the ordinance. Mayor Standley said it was the general opinion of the Council that they are not interested in cart vending operations in the City of Aspen. All in favor, motion carried. ORDINANCE #1, SERIES OF 1976 City Health Officer City Manager Mahoney told Council he had requested that the City get their own health officer to facilitate health and sanitation inspections in the City. Mahoney told Council the City would use the money previously budgetted toward the City/County Health 0rd.1,1976 Department, which is $21,000. Bob Nelson will remain as the County Health Officer. City Health Officer Bob Nelson told Council that the City/County Health Department had some state funding. The initial reaction was fairly negative as far as obtaining funding for the City. Nelson pointed out that his staff had been-cut from three to two; if the City had their own officer, he would be in the County alone. Mayor Standley said this was a problem he had been concerned about for two years; he had been encouraging the City in this direction. The City had not been getting the service needed and Mayor Standley said he endorsed this move. One full time officer responsible to the Council is better than the City has had in the past. Councilwoman Pedersen moved to read Ordinance ~1, Series of 1976; seconded by Councilman Wishart. All in favor, motion carried. 1935 i Regular meeting Aspen City Council January 12 1976 ORDINANCE #1 (Series of 1976) AN ORDINANCE CREATING A NEW DEPARTMENT WITHIN THE CITY OF ASPEN TO BE KNOWN AS THE DEPARTMENT OF HEALTH OF THE CITY OF ASPEN AND ASSIGNING TO SUCH DEPARTMENT THE ENFORCEMENT OF STATE AND LOCAL HEALTH REGULATIONS AND SUCH OTHER DUTIES AND OBLIGATIONS AS SHALL BE APPROPRIATE was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance #1, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote, Councilmembers Behrendt, aye; Parry, aye; Johnston, aye; Pedersen, aye; De Gregorio, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Councilwoman Pedersen moved to adjourn at 8:55 p.m.; seconded by Councilman De Gregorio. Ail in favorr motion carried. / Kathry~ S. Hauter, City Clerk