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HomeMy WebLinkAboutminutes.council.19760209Regular Meeting .... Aspen .City ~?u~c~ February 9, 1976 M~yor Standley called the meeting to order at 5:10 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney, City Attorney Stuller present. MINUTES Councilwoman Pedersen moved to approve the minutes of January 26, 1976; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Councilman De Gregorio questioned $410 to Bankamericard by Ted Armstrong. Finance Director Butterbaugh said that was a personal expenditure and he was repaying the City. Councilwoman Johnston said she thought wage advances were prohibited by law. Ms. Butterbaugh said the City paid wage advances only in cases were someone was going on vacation and a pay day fell in that period. Councilwoman Johnston asked if the Council could have reports to see how an account was coming along with the budget~. ~s. Butterbaugh said when the computer was running, Council would get a monthly print out on each department's budge~. Councilwoman Pedersen moved to approve the accounts payable for January; seconded by Councilwoman Johnston. Ail in favor, motion carried. CITIZEN PARTICIPATION 1. Dave Farney, Little Annie Corporation, invited everyone on Council to come up to Little Annie to view the area and to see what is being done. Farney said he would be glad to answer any questions about Little Annie. Farney told Council that the City Little Annie P & Z had gone up to Little Annie on Sunday, the County Commissioners and County P & Z ski basin - were also going up. Council set Sunday, February 29, to go up Little Annie. They will site meet at 9:00 a.m. at Farney's house, 517 North Avenue. inspection 2. Sandy Summers, Canyon Cable TV, told Council they were trying to acquire franchise for cable television in Basalt and Carbondale. Summers requested a letter from the Canyon Cable City stating, hopefully, the City is satisfied with the service from Canyon Cable. TV - request Mayor Standley asked Summers about undergrounding. Summers answered when the ditches for recommend are dug, they would be ready to underground. Council did not have any problems or letter objections to a letter being written. 3. Pamela Gassman read a letter to the Council: "We, the undersigned, wish to express our disappointment with your recent decision to allow a 20,000 square foot grocery store on the Trueman property. Letter from We are a. group of housewives, mothers, and residents of moderate income who acknowledge citizens the need for more grocery shopping space than is currently available in Aspen, but against we feel that a store of this size is not appropriate, large grocery store We feel you have given in to high pressure tactics by those who brought with them to Aspen a desire for huge stores and parking lots. They are exaggerating our community needs, assuming that more varieties of soy sauce and bigger boxes of Rice Krispies mean a better life for Aspenites. We were attracted to Aspen by its inaccessibility and we don't feel a need to be surrounded by things. We feel that a smaller grocery store on the Trueman property would be useful and more in keeping with the neighborhood commercial zone concept. We feel that a 20,000 square foot store is too big, and will destroy the neighborhood concept. It will draw business away from the existing markets, will generate a great deal of traffic in what is already a dangerous and crowded area, and will discourage for some time to come the development of other neighborhood groceries. We feel you have sold out to those who can't quite relinquish what they left behind in Kansas City or Chicago. We wish to take a firm stand for the neighborhood shopping center concept. We would like to see this grocery and future groceries limited to 12,000 square feet. We favor the planning department's concept of markets smaller than 20,000 square feet located on the' Trueman property, somewhere on the West end of town west of the Castle Creek Bridge, and at Sno~mass." The letter is signed by fifty-five Aspen residents. Ms. Gassman explained that the signatures were gotten personally and not by standing at the post office. COUNCILMEMBER COMMENTS 1. Mayor Standley scheduled the public hearing on the mall as a special meeting so that Council can take action if they are so disposed. The meeting will start at 7 p.m. Request for 2. Mayor Standley said based on all the grief the transportation department has gotten from both the City and County, a joint meeting should be set up to figure out what the transporta- City and County want to provide in terms of buses and service. The meeting was set up tion study for Thursday, February 19, 1976 at 7:00 p.m. session ' 3. Councilman Wishart said it would be appropriate for Council and the City to send a ca~ to Aspen Times Editor Bill Dunaway in the hospital. STUDENT COMMENTS There were none. PRESENTATION TO COUNCIL - Doug McCoy McCoy Doug McCoy told Council that an organization known as Wildlife Preserve has recently presentation expanded its operation to Aspen. Mark Novak of Wildlife Preserve would like to present to City of some of his work to the City of Aspen for one year to commemorate the Bicentennial year. Wildlife McCoy will be the representative for Wildlife Preserve in Aspen; the organization is work (eagle) small at present, but they hope to expand all over the nation. Through the sale of Mark Novack's work, the funds will go towards the acquisition of land and to preserve wildlife all over the Country. McCoy and Novak presented the Council with a color photograph in a wood frame of an eagle. Mayor Standley thanked McCoy and Novak and stated this is one of the most fitting things the City has had for the Bicentennial. RESOLUTION FOR ANDY MILL Resolution Councilman De Gregorio said he would like to see the City plan some kind of homecoming for Andy for Andy Mill and present him with a resolution. Mill Councilwoman Pedersen moved to draft a resolution commending Andy Mill; seconded by Councilman Wishart. All in favor, motion carried. Councilman De Gregor~o said he would like to see a representative of the City at the airport when Mill returns to Aspen. UMTA REPORT County Commissioner Dwight Shellman told Council the County had received a letter of UMTA no prejudice from UMTA stamp dated February 6, 1976, authorizing the County to proceed. REPORT Shellman explained this is not equivalent of giving a grant, but UMTA has never gone Letter of back on a letter of no ~rejudice. The letter authorizes (1) development of auto free no prejudice zones and auto disincentive programs (2) investigation of non-federal sources of funding (3) analysis of transportation alternatives (4) environmental criteria support and (5) administration, engineering support and citizen participation. Shellman told Council that he had been advised that the letter of no prejudice~was going to be currently dated, meaning that work done prior to this time might not be qualified for inclusion in the grant. The trip to Europe to look at the Hagen cars is part of this. Shellman reminded Council that about one month be3fore the'trip~O~W~hington D.C. and Europe, the Commissioners had appeared before Council and indicated that they were in the process of soliciting this grant. The trip to Europe to determine the status of the Hagen cars had already been planned for a week following the trip to Washington. The Commissioners went to Washington D.C. with the grant in hand and asked UMTA to approve it. The Commissioners did get an indication that UMTA would give a grant, eliminating some heavy engineering from the grant. Shellman said they asked UMTA, at that time since they did need to determine the status of the Hagen cars, to consider including the Hagen trip expenses in the grant. The Commissioners were told that a letter of no prejudice might be back dated. Shellman stated the County planned to take the trip to Europe anyway. Shellman told Council the Commissioners had negotiated a kind of first refusal offer about Hagen cars the Hagen cars. It is possible that the County has interested a third party to lease these cars for a year. Subsequent to this, the County began to work on a work program approximately two weeks ago. Shellman said that Tad Weigle of UMTA had told the County that they should not make an issue of this trip. Weigle also told the County that he did not think that the letter of no prejudice would be back dated to December 12, 1975, but would be dated January 1, 1976. Shellman stated at this point, the County started to have problems. People had already started to work in program design. When the County heard that this letter of no prejudice would be issued as of the current date, they called the contractors and stopped them. Shellman told Council that the County's general position is that they will not proceed with work under the grant until the County has the grant pacakge approved and committed by UMTA. Shellman stated the County is learning how to deal with this bureacracy; the County had been operating under a less formal approach. Shellman said this will make a lengthy delay, can't tell the Council when the project will be finished. Shellman stated he thought the County would get the grant and would get the job done. Shellman said the citizens caucus was suffering from a lack of participation from the City and its staff members. The caucus had communicated that concern. Shellman said it would be in order for the City to respond to that. Shellman told Council that he and Michael Kinsley had gone to Indianapolis to look at used buses to see if they could improve the County's bus service. They had found some inexpensive buses at $800 to $1,000. Shellman said the Commissioners were considering whether or not to go ahead with this purchase. If they do purchase the buses, they will have the capability to (1) obtain a system at a very low capital cost risk (2) improve the bus service in terms of capacity on present runs downvalley and to Snowmass. Shellman told Council the County was negotiating with the Forest Service to provide bus service to the Maroon Bells campgrounds in the summer. Shellman told Council these buses would help in the first phase of auto free zones and auto disincentives. The County ought to be able to get a significant amount of auto diversion. Using the rolling stock the County has, they can begin to measure what the effect of a voluntary program might be. Shellman said they were beginning to market the idea of auto disincentives, getting a reaction from businesses, and looking for some participants. Regardless of when the County finishes the UMTA grant, they still have a potential with lead time to begin to implement and design a set of incentives. Michael Kinsley said these buses are so inexpensive there isn't a commitment to a long term thing. The County won't have to operate over a long period of time to pay for them. Kinsley told Council he had been stressing the alternatives analysis. One of the benefits of alternatives analysis is it will show the County what to do without any federal funding; how to create auto disincentives; how to operate a low cost bus system. Mayor Standley told Council he had a comment sheet from COG regarding the UMTA grant. The City Council is to foward their comments to COG. COG sheet Councilman Wishart moved that the Council make favorable comments regarding the re: UMTA acceptance of the UMTA grant for the County; seconded by Councilman Parry. All in grant, favor, motion carried, favorable comment from For the City/County transportation meeting February 19th, Mayor Standley told City City Manager Mahoney he wanted detailed information from transportation on capital investment programs, where the buses are going, what the transportation department is doing, why the bus system is not doing certain things it is supposed to be doing. Red mountain/Salvation Ditch augmentation plan is continued until the February 23, 1976, meeting. HOUSING AUTHORITY REPORT Housing Officer Brian Goodheim had submitted a memorandum to Council outlining the status of the Jenkins' project. Goodheim reported that seven units had sold, and two were under contract. Most of the people that these units were sold to have lived in the Housing community a long time. Goodheim told Council that $1300 worth of his time was invested Authority in this projects, which resulted in $13,000 savings to the consumers. Goodheim said report he is trying to work with realtors in the community for future programs. Goodheim said he came to talk to Council to ask whether the right of first refusal approach was applicable to markets higher than the Jenkins' project. There could be some two bedroom units in the $55,000 range available. Before Goodheim committed anything, he wanted to ask Council's opinion. Councilman Wishart said he did not think Goodheim should get into marketing upper income housing; that is not the purpose of his office. Councilman De Gregorio said he felt the opposite; wherever Goodheim's office can help sell is fine. Councilman De Gregorio asked if there was a reason Goodheim did not want to be involved in this. Goodheim answered he was currently in the position of working to get super low cost housing concepts here in town; this implies a lot of development activity on his part. To the extent that Goodheim markets someone elses units at costs of his time, this custs into his main objective, which is to provide low cost housing. Goodheim told Council he has tried to engage the services of the real estate community at a reduced commission to market public housing type units partially as a public service. Goodheim said he felt this was the way to go; he had been getting some cooperation. Councilwoman Johnston pointed out Goodheim's office was established for the low, moderate and employee housing. Councilwoman Johnston said she felt people building more expensive housing, rather than have Goodheim market them, shoul have to build employee units on a ratio basis, or put it on a right of first refusal plan. Goodheim told Council he did not feel his marketing function would be a long range thing The long run housing design incorporated into the subdivision regulations cannot be designed around marketing, but designed around reduction subdivision fees, quotas, ratios. This has to be a proper mix. Goodheim said he was starting to work on an entire housing assistance plan with every option available, property tax abatement, density bonuses, park reducation fees, and present this to the Council and let them ~ choose. Goodheim said he would rather not be in the marketing function; however, there has to be some type of incentive for developers to reduce the cost of a certain percent- age of their housing. Planner Kane explained the implications of Council getting involved with Goodheim on Jenkins' second phase. The project involves seven lots, 14 units by right; Jenkins has asked for 26. This would mean rezoning; the planning office said the only way to proceed with 26 units is if the project has City sponsorship and would initiate rezoning. ~ Goodheim said he felt in terms of planning decisions in that area, the project should stand on its own merits, whatever density is given to it without consideration of the public housing aspect. Councilwoman Pedersen moved not to have Goodheim involved in marketing the second phase of Jenkins' project; seconded by Councilman Wishart. All in favor with the exception of Councilman De Gregorio. Motion carried. COMMUNITY HEALTH SERVICES AGREEMENT Mayor Standley said the agreement started during the budget sessaon and it was left that the City would be willing to pool a like amount of money with the County to the agencies Community identified. The agencies were to work among themselves and come up with a program for Health the dispersal of the funds. Mayor Standley asked if the agreement were consistent with Services the City's budgeting; Finance Director Butterbaugh said yes. Agreement Councilman Behrendt said the various agencies had reported on their past performance and ¥~orked out levels of service they feel will be fair. Through Betty Ericksen's office the agencies have tried to work out a reporting and accountability system. Mayor Standle~ asked how the minimum service levels relate to the past performance of the various agencies. Ms. Ericksen said it was close to their performance of last year, and is what they are comfortable with for this year. It also states they will make an effort to maintain and improve the quality of improved service. Mayor Standley asked Ms. Ericksen how she felt about the Mount Sopris involvement. Ms. Ericksen said they are being cooperative and helpful. Ms. Ericksen said that after the first paragraph in the agreement "hereinafter participating agencies" will be added. Ms. Ericksen told Council she felt all the agencies were quite comfortable in trying to provide the kind of reporting the City asked for. There will be a report from each agency every month. Councilman De Gregorio said he did not see any facilities open on Saturdays. Ms. Ericksen said there was a crises line and lots of people on call. Councilwoman Pedersen pointed out in Resolution there was no mention of the Open Door. Open Door comes under Touchstone as one of their agencies. Councilman Behrendt moved to read Resolution ~3, Series of 1976; seconded by Councilman Wishart. All in favor, motion carried. RESOLUTION #3 (Series of 1976) Res.3,1976 Agreement WHEREAS, there has been presented to the City Council for their considera- REgarding tion an acceptable AGREEMENT REGARDING COMMUNITY HEALTH proposing a joint Community services arrangement among the City of Aspen, the Board of County Commissioners Health of Pitkin County, A ~en School District RE-l, Touchstone Clinic, Inc., Sopris Mental Health Clinic and Aspen Valley Visiting Nurse Association, and WHEREAS, that Section 13.5 of the Aspen Home Rule Charter permits entry by the City into agreements with other governmental units, special districts or persons for the joint furnishing or receiving of commodities or services, provided such agreements are ratified by the City Council by formal resolution, and WHEREAS, the City Council wishes to approve such agreement and authorize the Mayor to execute the same on its behalf, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does ratify and approve the AGREEMENT REGARDING COMMUNITY HEALTH attached hereto and incorporated by this reference; and does further authorize Stacy Standley III, Mayor of the City of Aspen, to executive the same on its behalf, was read by the city clerk. CounCilwoman Johnston moved to adopt Resolution ~3, Series of 1976; seconded by Council- man Wishart. All in favor, motion carried. A-95 REVIEW - FHA APPLICATION - The Aspen Club ~ayor Standley told Council that COG acts as A-95 review for federal fund programs whether FHA applica- private sector or public. In packet there is a copy of A-95 review for an FHA program tion - The and a letter from Andy Hecht to COG. Mayor Standley said the City and County both have Aspen Club an opportunity to take a course of action and convey to COG this action. (Callahan Subdivision) Andy Hecht introduced Anthony Chase, attorney from Washington D.C. who as representing the applicant for this financing. Chase told Council he was representing Robert Goldsamt d/b/a/ The Aspen Club, who had applied to the Federal government through FHA business and industry loan program for a grant of 90 per cent of money sufficient to construct the facilities. Chase said Federal assistance can be divided into two categories; programs that are of guarantee nature, and programs that are of subsidy nature. Chase told Council that this instance is a program developed by the Federal government to provide certain kinds of term lending not available to small businesses; it is not a subsidy program. This is not a program that will take money out of some other pocket. Chase explained the applicant will repay the long over long therm period, not in excess of 20 years. Because of the mechanacs set up by the federal government, the banks are able to go ahead and provide this kind of financing. The lender is entering into an insurance arrangement with the federal government. Chase told Council an accordance with the A-95 procedures, COG is asked to approve any federal aid applied for. The City has to say yes or no with respect to their feelings, whether or not this program ought to be used by the people in this City. Mayor Standley explained that Region 12 COG has courtesy A-95 review status. Any project brought to them for federal funding will be circulated back to the local impact area. These are private as well as local projects. Mayor Standley told Council that if the local politics subdivision decides to go with a project, that is the direction that COG will take. Mayor Standley told Council that many FHA projects had come before COG that are identical to this. Planner Kane told Council he was not personally in favor of the application. This project will provide an exclusive service. Kane pointed out that Mr. Chase represented that there ~ was no federal subsidy involved; however, if the project fails, there is a heavy subsidy involved. Kane told Council that the developers had repeatedly suggested that this FHA application would be an exclusive facility and will not be a public facility. Kane asked if the The Aspen Club City should be in the business .of encouraging federal participation in a project that cont. appeals to the recreation of 200 to 300 exclusive Aspenites. Kane said he felt it would affect the City's reputation and posture in COG being a community that would support a Federal guarantee loan for a facility of this type. Chase said this was not a federal subsidy even if the loan goes into default; the reserves created from premiums paid on loans that don't go into default pick up loans that do. Robert Goldsamt told Council the reason for the application to FHA is that this is an unusual project. The object of using this particular program is to stretch out the loan for the longest possible time thereby reducing the annual debt service, enabling Goldsamt to charge less for the people who want to join. Kane said the project was presented at conceptual that the homeowners of Callahan would have authority over the financial and maintenance arrangements of the club. The club facilities would add attractiveness and a marketing element. Kane pointed out to Council some language'in the application that specifies the intended use of the money like, communities that are loosing population; provide economfc incentive for development of private business to help inject capital into communities. Kane said they would have to speak in specific numbers to understand the financing of this club. Councilman De Gregori pointed out the application said this project would provide in excess of 100 jobs, but he has not seen anywhere that would provide housing. Councilman Wishart asked how the guarantee would be paid for. Chase answered the guarante fee is one per cent up front. Councilwoman Johnston quoted from the regulations, "the purpose of the program is to improve economic and environmental climate in rural communi- ties'' and said she did not feel this would improve the environment. CALLAHAN SUBDIVISION - Final Plat Approval Callahan Hal Clark, planning office, told Council this is a request for a final plat and a final Subdivision development plan, final phase of the PUD, approval of the Callahan Subdivision. Clark Final approva~ told Council there would be four documents filed; subdivision plat, landscaping plan, tabled plan showing configuration and outline of the buildings. Clark told Council this is a 25 acre proposal with 12 single family dwelling units, a duplex site, 20 townhouses; Benedict's existing home will be expanding into a club house ~ facility, 7 outdoor tennis courts, and an indoor court facility. Clark said the indoor court as proposed is 38,000 square feet, club house is about 9,400 square feet. The approvals to date have been; County P & Z reviewed water line extension to the site; City P & Z has given conceptual and preliminary plat approval, given stream margin approval, approved a conditional use for the recreation building in the RR zone and the club house in the RR zone. The Council approved the conceptual and outline development plans, and acted to annex two parcels, rezone the club house from R-15 to RR to allow the conditional use to be approved. Clark compared the original plan with the final. The handball and indoor courts have changed significantly. Originally there were eight outdoor courts, an indoor facility of 13,800 for a total of 24,000 square feet of the indoor facility. Now the indoor facility is approximately 38,000 square feet in size. There have been changes in the existing clubhouse building; the original size is about 6,000 square feet. The current proposal is 9,000 square feet. The townhouses have changed significantly. There are 20 townhouses of 800 square feet; the number of ~ownhouses is the same. The townhouses are no longer three stories high, but 1½ to 2½. It looks like they plan to lower the vertical impact of the project, but they have spread the project out on the site. Clark said these townhouses average out to 2100 square feet. In the previous plan, the town- houses could have been up to 2400 square feet. There is a subdivision agreement submitted in the packet drawn up by city engineer Dave Ellis and Andy Hecht. Clark outlined the criteria in that agreement; cash dedication of $90,000, trail easement for the county trail, guarantee of Crystal Lake remaining a visual amenity to the project, bond for subdivision improvements at $193,000, lining the ditch between lots 8 and 9, acquiring-first right of refusal on some water rights in Hunter Cree~ Clark summarized the planning office position; (1) recommend approval of the final plat and final development plan subject to (a) co~uments of the city engineer and fire marshal be incorporated in the final plat and subdivision improvement agreement, (b) additional landscaping will be revised by the applicant, specifically a more detailed landscaping plan developed for the west side of the indoor courts (c) the recreation building has grown too large, it is over half a block. The planning office would recommend that approval be given for two indoor courts, not three. The applicant would have to go throug~ ~ a PUD amendment process if the third court were applied for later. The planning office I ~ feels the massing of the building is too strong. : ~ Councilwoman Johnston asked if the reason this project was not in the flood plain because the elevation was too high. Kane said the planning office's major concern is that, outsid~ of the senior-junior high school, this would be the largest building. Kane said he agreed this does not represent an intensive use of the land. The planning office is also con- cerned that the buildings integrate with the landscape. City Engineer Ellis told Council that the fire marshal needs more access to the building, with the present site plan it is difficult to give coverage. Ellis said the other important point would be the concurrent easement through Ute Park and Ute Cemetery. Mayor Standley questioned the subdivision agreement about underground culvert, and asked Ellis if he planned to put the Nelly Bird in underground culvert. Ellis said to save the Callahan City money, they would put the culvert underground to carry water, and would coordinate Subdivision this with the actual construction. Mayor Standley asked if Ellis planned to do this work cont. this sun~er and if it were on the construction program. Ellis answered yes he planned to do the work, and it was not on the construction program, but is an option worth taking up. Paul Kutik told Council the three tennis courts would take approximately 22,000 square feet; four handball/squash courts, exercise room, locker, would all be settled into the back area of Benedict's office building, which is 17 feet above grade. Kutik 'said the building is sunk down so the top of the building is lower by 2 or 3 feet than the trees; one cannot see the building unless they are up above it, on Aspen mountain. Kutik showed CoUncil an elevation of the trees and the building. Kutik also had a model of the project built to scale; he showed that the townhouses had been dropped to below tree line. Councilman De Gregorio asked Kutik to discuss employee housing. Kutik said he had discussed this possibilitY with Goodheim, the P & Z, since they had 4 acres on the south side of Ute Avenue they would be willing to work out some kind of mix between condominiu~ and rentals units. Andy Hecht said at first they went to the planning office to try to incorporate a housing program. The planning office did not want an ad hoc program but wanted it coordinated with the city and county. The planning office did not want to deal with housing at this point. Kutik pointed out that the planning office wanted to study this area with regard to traffic bgfore they gave a positive answer. Goodheim said the problem is that the area proposed for employee housing is not the type of zone by definition of the subdivision and zoning code for housing. It is also not consistent with general planning principles for this type of density. Goodheim said that the site is very restrictive. CoUncilman De Gregorio questioned the exclusiveness of the club, and asked what a member- ship would cost, what townhouses would cost. Councilman De Gregorio said he did not want to see 100 jobs provided, and the City of Aspen has to provide facilities, housing, etc. Kutik said he wasn't prepared to discuss figures and costs. This would depend on the amount of facilities available and the number of people he can take in. Councilman De Gregorio asked if it made a difference in cost if the Council support the loan applica- tion. Kutik said it was a consideration because it would enable them to pay out in 25 years. Councilman Behrendt moved to finally approve the Callahan subdivisiOn and simultaneously table the planned unit development plan pending inspection by the Council and a site approval. Planner Kane said he was suggesting the subdivision plat itself can be approved, but that the PUD be tabled. City Attorney Stuller pointed out this might affect easements, access roads, and everything else. Piecemeals approvals can get the City into a bind. Councilman Behrendt withdrew his motion. Kane suggested that stakes be placed to show the physical location of the building so that Council can see how much land is being taken up. The trees could be flagged to show the exact elevation of the buildings. City Attorney Stuller said she had received amendments to the subdivision agreements from Ellis, Jim Moran, and Andy Hecht. Incorpor~ tion of all these comments would be appropriate. Councilwoman Pedersen moved to consideration of this project be tabled pending (1) buildir being staked out and site inspection by the Council (2) all changes ar~ incorporated into a new subdivision documents (3) an analysis and com/~ents by City Manager and City Attorne on 1980 of the Farmers Home Administration lending; seconded by Councilman Behrendt. Councilman De Gregorio said he would like added to this to include that there is some availability of discussion on prices. Councilwoman Johnston said she would like to see conversations on housing continue. Councilwoman Johnston said she felt that the increase. size of the facilities would attract traffic, rather than for people that live there and members. Councilman De Gregorio made a motion to amend the main motion to include some kind of figures on how much memberships cost, how much the units cost; seconded by Councilwoman Johnston. Councilman Parry Pointed out the original concept was not to have a Y camp type situation. The Council was trying to establish this club not to be a traffic generator. All in favor of Councilman De Gregorio's amendment with the exception of Councilman Behrendt. Motion Carried. Mayor Standley pointed out that the third part of the main motion regarding the FHA analysis did not tie in with the subdivision agreement and the site inspection. Councilwoman Pedersen withdrew part three of the main motiOn; Councilman Behrendt agreed. All in favor of the main motion, motion carried. Councilwoman Johnston asked if there were some way to pursue employee housing in this project. Mayor Standley said Council had given them conceptual approval; Council would have to withdraw conceptual approval and start over with increased density. Kane pointed out the whole project has been designed for a very low traffic situation. The project is not equipped to handle parking. Mayor Standley brought u~p the comment sheet on the FHA application for COG review. Andy Hecht suggested tabling it because it would help Council know what kind of project it will be before they comment. Councilman De Gregorio moved to table the comment on FHA; seconded by Councilwoman Johnston. Councilwoman Pedersen moved to amend the motion to includa analysis and comment by the City Manager and City Attorney on the contents of material submitted; seconded by Councilman Wishart. All in favor of the amendment, motion carried. All in favor of the main motion, motion carried. CONSIDERATION OF REIMBURSEMENT OF ALLEY PAVING - Chateau Dumont City Engineer Ellis had submitted a memorandum and letter to Council. City Manager Mahoney told Council he was concerned because the City has never accepted the total Alley paving consideration responsibility of paving alleys. The City does have the respo~ility of getting safety and sanitary equipment through, .and for keeping the alleys as chuckhole free as possibi~ of reimburse- City Manager Mahoney pointed out if adjacent land owners to alleys decided to black ment - Chateau top the alleys it would compromise the City's budgetting process. Dumont Councilman De'~rego~iomoved not to do any reimbursement since this was not approved by the Council and would remove the budgetting process from the hands of the City Council; seconded by Councilwoman Johnston. Councilwoman Johnston asked what the City's policy regarding reparing alleys was. Mayo] Standley answered that this question was discussed at budgetting time. All in favor, motion carried. AZTEC CONDOMINIUMS - Final Subdivision Approval Hal Clark, told Council this was an application for final plat approval of an existing building which is being condominiumized. There are six apartments located on Dean and Aztec Condos. South Monarch. Clark reminded Council one of the conditions of conceptual approval Final Sub- was that the building be checked out for the possibility of the "door game". Clark division said he had checked the building and it would be extremely difficult to play the "door approval game" in this project. Jack Walls told Council the two top units were owned by the owners of the building; the other four units are single bedroom. Clark told Council the planning office recommends approval of this project subject to conditions in the engineer's letter of February 4, 1976, with payment of a land dedication of $9,462. Councilwoman Johnston pointed out there was no subdivision agreement. Clark said the agreement would consist of those three things, it was an existing building. Mayor Standley said it was difficult to approve something unseen. Councilman Behrendt moved to table approval pending drafting of the agreement; seconded by Councilwoman Johnston. Jack Walls asked if it would be possible to approve the final plat subject to the agreement, if all the points are taken care of. Councilman Wishart moved that Mayor Standtey be authorized to execute the final sub- division approval and sign the plat pending City Attorney Stuller's acceptance of the agreement given the four conditions identified by the planning and engineering office; and including the amount of the dedication; seconded by Councilman Parry. All in favor of the substitute motion, motion carried. Council recessed for five minutes. TRUEMAN PROPERTY - Conceptual Subdivision Joe Porter told Council that since the last meeting Barry Edwards had gotten together with City Attorney Stuller and a note had been added to lot 4. City Attorney Stuller said that there were two alternatives; either make a two lot subdivision, or make it Trueman four and qualify the allowable density on the fourth. City Attorney Stuller said she Property did not support the proposition of two vs. four, but was asked what acceptable Conceptual language to perpetuate what Trueman wanted to do, to limit the development rights. Subdivision Porter told Council there were three things to go over; how to treat the leftover space, the 15,000 square feet of office space on the second floor, subdividing. Porter went over previous approvals; Council had voted for 10,000 square feet2of housing, grocery store of 20,000 square feet; 5,000 square feet of other retail space; Council had indicated that 15,000 square feet of office space on the second floor was too much. Porter said he wanted t~ rediscuss the basement. Councilman De Gregorio had objected to the health club. Trueman said the health club would be made available to people in the offices, managers of the st~re, and anyone else who wanted to join. There would · be about 100 memberships. Porter said he would also like to include another 5,000 square feet in the basement for service uses like TV repair, shoe shops, someplace between office and hard retail space. This would be a total 10,000 square foot base- ment. Councilman Behrendt moved to table this at this time because the planning department has not seen or discussed this; these peop~ should go to the planning department to have to problems worked out; it is not ready to be in front of Council; seconded by Councilwoman Johnston. Kane said the largest things that remain unresolved are (1) organization and ultimate disposition of the land and (2) the size of the building. Kane recommended a two lot subdivision and a 45,000 square foot building which would contain a 20,000 foot food __ ~J ~¥ ~uu*~ ~'eDruar¥ 9, 1976 store; 10,000 square feet of incidental neighborhood retail uses; 10,000 office space, and perhaps an additional 10,000 of housing. City Attorney Stuller said the best approach Trueman would be a two lot subdivision, this is the most secure position for the City. Ms. StulleI Property said she was approached that if Trueman wanted a four ~ot subdivision, what language Conceptual would be put on the plat to qualify development potential. The Subdivison cont. Mayor Standley said he could see no reason to table this project, the Council had been looking at a building of 45,000 square foot maximum. That is not what ~s presented tonight. Everyone was opposed to the motion. Motion NOT carried. City Engineer Ellis pointed out that the road alignment was important in conceptual., It will determine lot configuration and even placement of the buildings. Ellis said earlier it was noted that there would not be a through street connecting Spring with Mill through the Rio Grande property. Ellis told Council that if they accep~ the conceptual plan as show, it totally precludes doing anything on the City's side in the way of a sensible traffic situation. Ellis said he felt the road was shown too far to the north. Ellis said he would like to see elimination of direct access by curb cuts and service entries on Mill street back in the plan, compatible with any future regarding of Mill street. Councilman Behrendt moved not to approve the subdivision and to direct the applicant to get together with the engineering and planning office; seconded by Councilwoman Pedersen. Mayor Standley stated there are basic constructs that are not acceptable to Council; (1) the road alignment and problems that Dave Ellis has and (2) size of the building. Kane recommended a 45,000 square foot building; 20,000 in food, 10,000 in office space, 5,000 adjacent neighborhood commercial uses, 10,000 in housing with a two lot subdivisions. Porter said he had drawings of various alignments for the road. Porter also requested this be tabled until Trueman could be present to make the final request of Council. Kane stated in planning for the Rio Grande property, the planning office asked Council for a decision on Spring street extension. Council's general policy commitment was to drop the Spr~ng street extension. When the Spring street extension was dropped, Porter moved his road to the north to accommodate more development. Councilman Wishart moved to table the Trueman project; seconded by Councilwoman Johnston. Mayor Standley said when the project comes back all things Council is talking about should be included; road alignment, number of lots in the subdivision, square footage, and that the planning office and engingeering departments have recommendations. All in favor, motion carried. ORDINANCE #2, SERIES OF 1976 Electric Appropriations Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed 0rd.2,1976 the public hearing. Electric appropriati¢ sCouncilwoman Pedersen moved to read Ordinanc~ #2, Series of 1976; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE ~2 (Series of 1976) AN ORDINANCE APPROPRIATING FROM ELECTRIC DEPARTMENT REVENUES FIVE THOUSAND ($5,000) DOLLARS FOR ENGINEERING CONSULTING COSTS INCIDENT TO IMPLEMENTATION OF THE ELECTRIC UNDERGROUNDING PROGRAM; AND AN ADDITIONAL FIVE THOUSAND ($5,000) DOLLARS FOR LEGAL FEES TO PROSECUTE THE PROCEEDINGS PROTESTING THE PUBLIC service rate ~ncrease was read by city clerk Councilwoman Pedersen moved to adopt Ordinance ~2, Series of 1976, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~3, SERIES OF 1976 - Employee Retirement 0rd.3,t976 Mayor Standley opened the public hearing. Councilwoman Johnston told Council the Employee committee accepted the retirement plan without amendment. Mayor Standley closed the Retirement public hearing. Councilman De Gregorio moved to read Ordinance #3, Series of 1976; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE #3 (Series of 1976) AN ORDINANCE REPEALING AND REENACTING THE EMPLOYEES' RETIREMENT PLAN AND TRUST OF THE CITY OF ASPEN; REPLACING THE PRESENT TRUSTEE AND AUTHORIZING ADMINISTRATION OF THE PLAN AND TRUST BY THE RETIREMENT COMMITTEE AND DIRECTOR OF FINANCE; ESTABLISHING A SCHEDULE BY VIRTUE OF WHICH THE CONTRIBUTION MADE BY THE CITY WILL VEST IN EMPLOYEES ACCORDING TO YEARS OF SERVICE TO THE CITY; ITEMIZING PERMISSIBLE INVESTMENTS AND AUTHORIZING THE COMMINGLING OF PLAN FUNDS, ALL AS MORE PARTICULARLY DESCRIBED IN THE ORDINANCE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #3, Series of 1976, on second reading; seconded by Councilman Wishart. Councilwoman Johnston questioned page 10 of Ordinance 93, the provision that a partici- pant may be eligible for city's contributions prior to the creation of a retirement plan. Mayor Standley said this provision only applies for participants from their beginning employment date with the City to the creation cf the first retirement plan an 1972. There are only three employees affected and two of those don't plan to join now. Mayor Standley said he would prefer to see the ordinance passed as it. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Mall Report. City Manager Mahoney showed Council an old brick from St. Louis to be used for paving the mall. Mahoney told Council it would take 130 trucks to bring the Mall report bricks to Aspen and would cost approximately $400,000. Mahoney reported that members of the City staff, Mall Commission, and Council having been going to various groups in town, Rotary, Eagles, etc., to present the mall plan. The City has been in touch with contractors to provide a management team. The City is doing a thorough campaign of contactang people to give positive positions for the mall. 2. City.Hall. Mahoney requested a date for a study session for work on city hall. He told Council that Chick Collins, Dave Ellis, and Greg Cole would show Council a total plan for City Hall. This plan can be done in stages. The first stage would give City City Hall Hall fire protection and improve some of the mechanical problems. Por little additional costs the space on the third floor could be made usable. Mayor Standley said he didn't remodelling feel a work session was necessary; this can be an agenda item for the next Council meeting. ORD. INANCE ~..4,. ~ERIES .9? 1976 Definition of Commercial Bakeries City Attorney Stuller reminded Council that when they considered S/C/I uses, they Ord.4, 1976 wanted a definition so that bakeries could not be extended into commercial uses. Definition of Commercial Councilwoman Johnston moved to read Ordinance #4, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. Bakeries ORDINANCE ~4 (Series of 1976) AN ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF SUBSECTION (bb) TO SECTION 24-3.1 SUCK AS TO PROVIDE FOR THE DEFINITION OF COMMERCIAL BEKERY; WHICH DEFINITION PROVIDES FOR PRODUCTION AND WHOLESALING OF BAKED GOODS BUT PROHIBITS OVER THE COUNTER SALES THEREOF ON THE PREMISES was read by the city clerk Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. PENDING CITY APPLICATIONS FOR BLM USE PERMITS City Attorney Stuller requested Council's endorsement for the City's applications for a tank site in Aspen Grove acquired when the city bought the water facility, and BLM use an amendment of the City's present use permit on Red Mountain Storage tank. The latter permits - as in order to initiate discussions and approvals of a package plant for Hunter Creek. City Attorney Stuller told Council the only things the City has on Red Mountain right Aspen Grove & Red Mt. now is storage tank and parking lot. Ms. Stulter said she would ask for an a~endment of the City's present permit, or would ask to revive the City's purchase application. Councilwoman Johnston moved to endorse the BLM applications; seconded by Councilman Wishart. All in favor, motion carried. EXCHANGE OF DEEDS - MAROLT PROPERTY City Attorney Stuller said the City received the fire hydrant easement from Mrs. Marolt Marolt and everything is in order, exchange of deeds Councilwoman Pedersen moved to a~cept~th~thre~ deeds~out~ined~in t~e City Attor~9~'s memo and 'ts~a~horize~a~Qr~Standley to execute the other {Wo; seconded by Councilman Wishart. All in favor, motion carried. EXEMPTIONS FROM SUBDIVISION Williams withdrew his request for an exemption statement. Pardee and Kentz are the Pardee & other two. City Attorney Stuller said that P & Z imposed a dedication fee, even though Kentz - they are exempt by the statute. The Council does no~ accept that condition. The exemption statement of exemption are drafted so that there is no dedication fee. from sub- division Councilwoman Pedersen moved to approve the exemption from subdivision on Pardee and Kentz; seconded by Councilman Wishart. All in favor, motion carried. MOUNTAIN BELL/CIT~ OF ASPEN UNDERGROUNDING City Attorney Stuller presented Council with a statement of the City's proposal. Underqrou~d-! Mountain Bell had five or six very minor comments. Ms. Stuller wanted to make sure lng/Mt. Bell'~ that Council agreed this was their basic position. If so, she will meet with Mountain Bell and have an agreement and ordinance ready for the next Council meeting. Council agreed. t955 Regular Meeting Aspen City Council February 9, 1976 MALL RESOLUTION Mayor Standley told Council that at a work session on the mall, a point of contention was the funding of the mall. People felt the funding was open-ended, not tied down or defined. The consensus of people at the meeting was that it would be a good thing for the City to have a limitation of expenditure on the mall. Resolution ~4, Series of 1976, was drafted and does tie the mall down to $850,000 for the fiscal year of 1976 and that sales tax revenues shal not be bonded for such improvement beyond that expenditur~l. City Manager Mahoney told Council he felt he could work within that figure, but had been getting adverse counsel from Bill Kane and Ms. Stuller. Mahoney said he felt their issue was that the City does not have the final estimate yet. The estimate will be avail- able next Monday. Councilwoman Pedersen moved to read Resolution #4, Series of 1976; seconded by Councilwomar Johnston. Planner Kane told Council that part of the design development plan was to have Tony Colemar. Robin Molny, and Fritz Benedict work on a cost estimate. Next Monday Council will have the benefit of their labor in cost estimating, which will be itemized so that Council will know what $850,000 looks like. If the estimate is high, Council can set their priorities and can see what they are cutting out and what it costs. Mayor Standley said he did not agree with this. Robin Molny had come to this meeting and told Council that the probable cost would be $850,000 and that is what the City should limit their expenditures to. Councilman De Gregorio said he would like to see this resolution defeated and go with Kane's recommendation to see what kind of figures are presented Monday. The Council won't get hurt either way. Councilman Wishart said he didn't see much mileage out of passing this resolution. Councilwoman Pedersen agreed, and said she would rather wait for the bona fide documentation of the cost estimates. Council can pass Resolution #4, Series of 1976, at Monday's public hearing on the mall. Councilman De Gregorio moved to table Resolution $4, Series of 1976; seconded by Council- man Wishart. All in favor, motion carried. Councilwoman Pedersen moved to adjourn at 9:30 p.m.; seconded by Councilman De Gregorio. All in favor, motion carried. ~atnryn ~. ter, City Clerk