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HomeMy WebLinkAboutminutes.council.19770822Regular Meeting Aspen City Council August 22, 1977 Mayor Standley called the joint meeting to order at 12:10 with Councilmembers wishart, Van Ness, Parry, Johnston, and Hershey; Commissioners Child, Edwards, and Kinsley present. Also present were City Manager Mahoney, C6unty-'Manager Ochs, Attorneys Nuttall and Stuller. Aspen Clty Council August 22, 1977 1. Chamber of Commerce. Mike Norton, President, said he was sure the Boards had been fully exposed to the Chamber's fund drive through the media. Norton said he would like Chamber of to formally ask how the Commissioners and Council would like the Chamber to seek their Commerce/ individual financial support. Norton said the membership drive of over $40,000 is an financial expression of the community's intent. Norton said he would like to support the Chamber support ~ of Commerce with tax funds. County Manager Ochs told Norton that the County processes all requests for funds through the Human Resource Coordinator, Betty Erickson, who then submits them to the Commissioners. Commissioner Edwards said he would not support taxpayer funding of the program. Edwards pointed out that since he had been in office he had seen the sales tax receipts go up. Edwards said he liked off season and thought it was a travesty to be promoting it. Edwards stated he was not at all interested in appropriating tax monies for this purpose. Commissioner Kinstey agreed, and said that the business community can support itself. Commissioner Child said he would have problems putting tax money into the Chamber. Mayor Standley told Norton to present the Council with detailed information and during the budget process make a presentation. Mayor Standley said he was in support of the program, but the Council needs to see a program before they can ask questions. Council- woman Johnston noted in the past the City funded the Visitor's Bureau. Norton told Council that they would like to make the Visitor's Bureau part of the Chamber. 2. Grassroots Transportation Film. Grassroots presented a film to the City and County on how to get around Pitkin County without cars. This film was paid for by the City Grassroots/ and County. The film is played four times a day; there are cards in the lodges and Transportation condominiums telling people about the film. The film showed all the bus routes, the bike film and pedestrian paths, what to do in Pitkin County and how to get there without cars. Grassroots said the film would be changed for the fall and for winter. Commissioners and Council said the film was a great idea. Commissioner Kinsley suggested putting the film at the Denver and Aspen airports and at the Chamber. 3. Name Change of Open Door. Charlie Baker, Open Door Director, told the Boards they would like to change their name to Aspen Mental Health Clinic. The State of Colorado thinks this should be done to clarify exactly what is done. The hours will be changed from noon to 8 to 9 to 6 p.m. Forensic psychologywill still be done after hours. 4. A-95 Reviews. (a) Statewide Senior Center Project. Ms. Erickson told the Boards the only information she had was on the project description. Funds are available for acquisition and renovation throughout the state. Only a small amount of money is avail- able. Mayor Standley said he would prefer to turn down grants like this that serve no real purpose. $180,000 for the whole state won't do anything. Mayor Standley said he would rather put money into programs that are more useful and comprehensive. Councilman Wishart moved to approve this A-95 with Mayor Standley's comment; seconded ~ by Councilwoman Johnston. All in favor, with the exception of Mayor Standley. Motion carried. (b) Colorado Department of Highway/Technical Studies Grant. H. J. Stalf said there will be an initial meeting with the highway department September 15-16. The highway department will help small transportation systems with (1) how to begin funding for new transporta- tion, (2) how to continue funding for existing systems, and (3) how to market or plan systems. Stall said the highway department had been here to look at Pitkin County's system. One of the engineers indicated that their mission was to provide assistance to Aspen and Pitkin County. Councilwoman Johnston said the grant proposal was very confus- ing. They defined an urban community as Colorado Springs and Pueblo; this cannot compare with Aspen and Pitkin County. Stalf said he was sure there are things than can be shared like marketing and funding. Commissioner Kinsley moved to approve; seconded by Councilman wishart. All in favor, with the exception of Councilwoman Johnston. Motion carried. Commissioner Child said it would be appropriate to set some time aside in the joint agenda for citizens comments to both boards. Council and Commissioners agreed to list it as an agenda item as time permits. 5. Land Acquisition Program Report. Bruce Oliphant told the Boards that this committee is working with five landowners who are interested in working on this program. Oliphant Land said the biggest problem right now is how to handle the financing end of it. The Acquisition Council had asked the finance department to put together a summary of funds available Program this and next year.~, Oliphant said they were trying to loosely negotiate proposals and bring it to whichever body is appropriate. Commissioner Kinsley pointed out there was an acquisition in the County in the works right now. Kinsley stated it would be difficult to know how much funds are available; it depends upon payments in lieu approved by Congress. Mayor Standley said the Council has to know what is available to purchase and how attract- ive it is. If the property is attractive enough, the Council can find some way to finance it. Mayor Standley told Oliphant that the committee had to get the proposals to the Boards so that the City and County could respond to them. Commissioner Kinsley said the County did not have a clear idea of what their acquisition program was. Oliphant told the Boards that the Parks Association Board did not feel that the transfer ~ tax question should be coupled with the mall extension question on the ballot. Mayor Standley said the City is talking about doing a mall election in February. Oliphant also said that between an escalated transfer tax and a flat tax rate, the Parks Associa- tion Board feels that a flat tax rate is the only one that makes sense. Aspen City Council August 22, 1977 COUNCIL MEETING MINUTES Councilman Hershey moved to approve the minutes of August 8, 1977; seconded by Council- man Wishart0 All in favor, Councilwoman Johnston abstained; motion carried. ACCOUNTS PAYABLE Councilman ~ishart moved to approve accounts payable for July; seconded by Councilman Hershey. Councilwoman Johnston said she still wanted a sheet that will tell h~ow much money is being spent for any particular project. Councilwoman Johnston asked Mahoney and Finance Director Butterbaugh if they were staisfied that everything is authorized and that there are no trouble areas developing. Ms. Butterbaugh said the staff would be with Council to discuss some department budgets. Things are completly covered. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Wishart said that the change in meeting times is a hardship for him. Councilman Van Ness said he had begin to have second doubts about afternoon meetings. They effectively remove Monday as a working day. Council agreed to stay with the afternoon meetings for awhile. 2. Councilman Wishart said he had tried to contact Councilmembers. There is a poet Advocacy in town, Michael Dennis Brown, who will give lectures, readings and some seminar work. fund They had to come up with $200 to get Brown here; Councilman Wishart used some of his advocacy money. Mayor Standley explained that each councilperson had $500 in advocacy for planning. This is for when you are on opposite side, the $500 could be used to develop your viewpoint. Ms. Butterbaugh said the funds were to be used for advocacy for anything; it is not a line item in planning. 3. Councilwoman Johnston pointed out the new picnic area developed along the banks Maroon Creek of Maroon creek. A trail has been cut down there, there are picnic tables, benches picnic area and barbeques. This is on city property; the county built the area. 4. Councilwoman Johnston reminded Council there had been a series of meetings about the traffic patterns in the west end. After these meetings, there were several barri- West End cades put up. Councilwoman Johnston said she was surprised to find that these barricades traffic had been removed. It is the prerogative of the City Manager to manage traffic, but this was a Council decision. Mayor Standley pointed out that this move was part of the street paving program and the barricades will be moved back again. 5. Councilman Parry stated he felt the mall signs are very inadequate. The City is getting letters about the dogs in the mall and bicycles there. Councilman Parry said Mall it might be time that the Council meets.with the mall committee and go over some of the details about what goes on in the mall, and also to plan the strategy of the expansion. Councilman Wishart said he felt the problem with the mall is enforcement. A luncheon meeting for the Council and mall committ'ee was set up for Monday, August 29. LIQUOR LICENSE RENEWALS - Freddie's and Bacchanal Liquor Lic. renewals/ Sanitarian Tom Dunlop told Council that both places have little health problems which are easily corrected, but which involve the whole operation. Dunlop said he would like Freddie's & to have these corrected before issuance of the renewals. Bacchanal Councilwoman Johnston moved to approve the renewal for Freddie's liquor license conditioned upon Dunlop's approval; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Johnston moved to approve Bacchanal's liquor license renewal conditioned upon Dunlop's approval; seconded by Councilman Parry. All in favor, motion carried. SALES TAX REPORT Ms. Butterbaugh told the Council that the City has received 72 per cent of the 6th and 1977 Sales 7th penny and 68 per cent of the sales tax from the County. For the year 1977, the City Tax is still down 20 per cent over last year's revenues at this point. After this summer season, the City may only be down 15 per cent. This is not a dark picture because of the reserves carried over from 1976. There are still reserves from 1975, but it is critical to keep them as a cushion. Councilman Van Ness asked what percentage of revenues comes from sources other than sales tax. Ms. Butterbaugh said a very minor amount did, there are fees, reimbursement of funds, revenue sharing and antirecessionary payments. ASPEN INSTITUTE - SPA MASTER PLAN/PUBLIC HEARING Aspen Mayor Standley opened the public hearing. Mayor Standley stated the P & Z approved the Institute SPA - conceptual SPA master plan for the Institute with five conditions. (1) That an ongoi~ng winter conference/educational program be pursued to make use of the expanded facilities conceptual so that some reasonable chance will exist for use of the facilities by other than tourists. (2) That a certain number of the rooms be made available in winter for community service purposes to include housing for local employees as well as providing Regular Meeting Aspen City ~ouncl± ~u~o~ ~, .... an opportunity for winter cultural programs. (3) That the 356 room proposal be approved in concept with the understanding that all other Institute lands in the City be dedicated as open space. (4) That the development should take place in a cluster at the Meadows Institute and that the riding ring area east of Castle Creek and lands along the Roaring Fork SPA have all future development rights removed. (5.) That their motion should only be Conceptual regarded as an approval of the concepts of a) total number of rooms, b) development style, and c) development location. Mayor Standley reminded Council this has been going on for 18 months. After the Council held a work session with the Institute, it was felt that based on the City's and Insitute's desires, they were on a very similar track. The Council asked that the Institute consider reactivating their SPA application. This is a two step application; it goes to P & Z twice and Council twice. Karen Smith, planning office, submitted in the packet a memorandum dated August 19, 1977 which outlines the conditions of approval. Also referred to is the original SPA dated August 3, 1976, described in a letter from Joseph Slater. In the file there is a memo from Bill Kane dated August 12, 1976, also describing the master plan. The intention of the P & Z and planning office is that conceptual approval be limited to (1) total number of rooms, (2) general development style~ (3) general development location at the Meadows. It is the further intention that the detailed planning and design considerations be worked out at the preliminary stage. Ms. Smith told Council that the P & Z also passed a motion on August 12 to deny the Institute's application for subdivision exemptioN. The application requests deeding back portions to the Institute of property for use of the academic core. The planning office recommended denial feeling this would be a subversion of the intent of SPA master plan. With two separate ownerships involved, the Meadows land would be more easily marketable. Mayor Standley said t~at in the letter he sent to R. O. Anderson, it was strongly stated that the Council wanted to see the planning go through on both parcels contiguously. If Council sticks to the intent of the letter, a denial would be forthcoming until the plan- ning is done by the Institute. Don McKinley, representing the Institute, said that the City is laboring under a misunderstanding as to what this would do. The subdivision exemption would not adversely impact what the City is trying to do with the SPA. Mayor Standley pointed out that the planning office recommended approval of the conceptual plan limiting conversation to the three items outlined by MS. Smith. John Kelly, representing George Kelly property owner on Meadows road, stated that his family is in basic support of this plan. Kelly stated that the Institute has been a goodI steward of the land and that they are entitled to substantial development. Kelly said Council should pay particular attention to the areas of the P & Z conditions, of particu- lar importance open space and non-development requirements. Kelly stated he was generally opposed to any subdivision of the academic and non-academic parcels. The riding rink and area down by the river shOuld remain as open space. Kelly said he did not understand how this would fit ~nto the growth management plan. It seems like this would take care of the density of the. City of Aspen for years to come. Mayor Standley answered that under the growth management plan, this has been recommended to be exempted. Steen Gantzel, Meadows road resident, said under the present proposal the 356 rooms minus the 92 existing rooms, an increase in the west end of approximately 250 rooms seems reasonable as a development. Gantzel said he hoped the Institute will not come up with a higher proposal. Gantzel said if the Institute is exempted from the GMP, he wants to be sure that this is no legal basis for weakening the GMP, The Council should take this into consideration. Gantzel said that the track record of the Institute indicates they may be able to develop something that is really fabulous. Gantzel stated if this could be limited to a conference facility, fine. Once the structures are built, it will be a tourist business. A lot of people are skeptical that conference facility-only restrictions can be put on these rooms. Gantzel also said that the open space on the rink area and river area should be legally done so that it can't change. City Attorney Nuttall pointed out that the Council has dealt with two or three exemption requests. Any time the city grants an exemption, there are problems. Ms. Nuttall said she did not feel this would emasculate the growth management plan. Councilwoman Johnston pointed out the deed has exceptions; the land in the County, the Aspen Two land, and all the land north and east of the river. It seems that this constitutes a subdivision. McKinley said this was not an attempt to create a subdivision. The property north of the Roaring Fork is in the County. Under the City's subdivision ordinance, it applies only to property within the City. Ms. Nuttall said that with a combination of the City's ordinances and the County's, this may or may not make a subdivision. In the City's SPA procedures it is very clear that the City's subdivision regulations have to be complied with. McKinley said they feel that the two are entirely separate and that the SPA zoning applies only to land in the City. By conveyance of land to the Meadows corporation with an option back to the Institute was to bring to the City what the Institute had to do to be sure to preserve control over the academic core. If the Institute sells all the property now, they will require from the purchasers a lease for the academic land. This is not entirely satisfactory. As it is now, the SPA on the academic parcel is already fixed. It is fixed by the nature of the use of the property and by the building. There is no intention on the part of the Institute to make any additions or changes on the academic parcel. All that any purchaser is interested in is to have a lease from the Institute of the academic land for the nine months that it is not used by the Institute. Regarding the property east of Meadows road, that is substantially the second Aspen subdivision. That property was subdivided many, many years ago. It was never part of the SPA zone. McKinley stated the basic concern is how the property is going to be used in the future assuming the SPA approach. The most direct way to tell Council is to outline the best efforts the Institute would ask of any purchaser. McKinley read some paragraphs from a proposed contract which would apply to the entire Meadows. One is that the purchaser give preference to convention or conference groups that would connect with the academic core; that .they would try to attract such conference whenever available. If this is not possible, they would attempt to attract tourist groups, not individual tourists. McKinley pointed out there has to be flexibility. Aspen City Council August '22, 1977 It has been mentioned that the C~ty would like to work out housing for nurses, school Aspen teachers, or certain cultural groups for the nine months the Institute does not use the Institute area. In the sale contract there is a paragraph stating that the purchasers would a~ree SPA to negotiate with the City to see if an agreement can be reached on commercial terms Conceptual for 9 month block lease on dorm housing. McKinley said he wanted clear that open space was not just weeds growing. It would accommodate such things as tennis courts, 3 hole golf course, bike paths, walks, trails, etc. The purpose is to protect against housing or commercial enterprises. Kane explained to McKinley that he viewed the land along the Roaring Fork as three terraces; one at river level, one part way up the bank, one on the bluff. Kane is recommending no construction at all on the river level. McKinley said that Kane has no objection to cluster type houses were there is space available along the terraces. McKinley said he had delivered a memorandum dated September 14, 1976, in answer to Ms. Smith's of August 12, 1976, regarding parking. McKinLey said that much of the present use of Meadows road has resulted from lack of rooms at the Meadows, forcing participants to live in town and to commute. The Institute wants to reduce traffic and will expand a shuttle service. McKinley asked that Council leave this subject as flexible as possible. The solution will be in the best interests of the Institute as well as that of the City. Councilman Wishart said he did not think of open space as tennis courts or swimming pools. Open space is passive recreation; Councilman Wishart said he wo~ld want the approval conditioned upon an understanding Df ~hat. Regarding the second terrace building sites, Councilman Wishart said he did not see very many building sites there. McKinley answered that they don't have any planned for that at the momens. Councilman Wishart said he did not want ~o see any building off of the bluff. Councilman Wis~art said that if the Meadows built parking spots along with building units, this would encourage cars. Councilwoman Johnston said she has given this a lot of thought, and this is something the Council must consider very carefully. A number of the Council was elected on a policy of limiting growth. Many citizens are coming around to saying there is too much growth in Aspen. Councilwoman Johnston stated she has a problem with a development of this kind being processed while the Council is working on the growth management plan. The GMP says no more lodging facilities are needed, and only allows for 11 tourist units per year. The Institute says is has no plans for increasing the academic part; the rooms that are there should be sufficient. Councilwoman Johnston said that many of the~rooms now are not used by Institute people. Councilwoman Johnston stated this would be a rather fantastic impact out there, and that she cannot go along with any huge growth of this kind. Councilwoman Johnston said she felt that the Institute holds very nice size conferences now without creating an ~mpac~ on the town. A conference center is just another name for conventions. Councilwoman Johnston said she does not want a lot of people to come and inundate Aspen. Councilwoman Johnston pointed out there is a difference of opinion as to whether 356 rooms would accommodate employee housing; as the application progresses this will probably become an issue. Councilwoman Johnston said that is a separation of the property through subdivision occurs, the City will end up with no control over the use of the hotel rooms. Councilwoman Johnston noted that the planning office memorandum of August 1976 said that any project should be handled with a carfree supportive facility. There is also a difference of opinion as to the definition of units versus rooms. This must be totally clear. Councilwoman Johnston said there has got to be some other alterna- tive so that the City does not have to end up with a large hotel complex out there. McKinley answered that in two and a half years of planning, the Institute has never mentioned increasing anything ~n the academic core. The Meadows is only being used in the summer months. They cannot let this asset lie idel the other nine months. The Institute is being pressured for housing for its participants. People are having to drive back and forth from town; they don't want to do that. Participants want to stay at the Institute. McKinley said that there will not be crowding of structures. There is plenty of land where the structures can be put and they will be of the same aesthetic quality as are now. Mayor Standley said he felt strongly that every attempt should be made on the part of the Instititue to keep the two properties under integral ownership. Mayor Standley stated he had a strong bias for this to maintain control and for the Institute to have assurances on how it will be run. Mayor Standley said the property should remain in one ownership until the master plan is approved or finalized. Mayor Standley said he hoped ~he Institute would continue to look at a management approach. McKinley pointed out that the Institute has the land as an endowment. The Institute would like to become as independent as possible and would like a cash endowment. The Institute will not be in a position to let somebody else use the land to finance the structure and development. McKinley said that if the Meadows is sold, the only way a conference center will work is if that property is used with the academic parcel. The lessee will have to commit to let the Institute use the academic parcel and the rooms for the summer. Councilman Wishart said that any operator would jump at the chance to get 300 rooms for the winter in Aspen and it would not require use of the Institute's facility in the winter. Councilman Wishart said if the two properties are separated, the hotel facility should be tied to the Institute. Mayor Standley said if the hotel was just full of ski tourists, the Council will have abrogated their respors~oility to the citizens. Mayor Standley assurances that that not happen. said he would like will Mayor Standley said the Council's intent was that employee housing would be included within the total room or unit development. McKinley said the Institute would do what other businesses in town are required to furnish for employee housing. Mayor Standley said the City would probably require a healthy percentage. Regular Meeting Aspen City Council augu~u ~, ~,, Mayor Standley said his final concern is a clear understanding of room versus units. A unit can be more than one room. It is important to get this straight so that there is not Aspen a problem in the future. Mayor Standley asked if the 356 rooms in the SPA proposal Institute included the existing rooms. McKinley said it did. SPA Conceptual Councilman Van Ness said his greatest concern is that the City keep the Institute in Aspen. Councilman Van Ness said he had been trying to think of someway of guaranteeing to the City that this new facility will be used by the ~nstitute. There is a big difference between pursuing an education program and actually doing it. McKinley said Aspen will continue to be summer headquarters where the Institute's workshops will be. The structures will be bUilt so that they will satisfy the Institute's needs in the summer. They will be directed at the same kind of people in the winter. The structures won't be built as ski lodges but as part of an academic campus. ~Councilwoman Johnston asked if the Institute ever thou~ about a winter program. McKin~ley answered that it was possible. The Institute used to have them. Mayor Standley closed the public hearing. Mayor Standley said his disposition was towards the P & Z approval with a few additions. Under number 3, the 356 room proposal should include employee housing. The magnitude of employee housing should be defined at a later point. Under number 4, a tennis court is defined as too intensive an open space use, but a golf course is not. Number 6 should be that the Institute be encouraged to continue consideration of a lease as opposed to sale or the development of other mechanisms to show their intent and good faith in remaining in Aspen, and to see that the Meadows area is developed consistent with number 1, that is a winter conference and educational facility as opposed to a tourists facility. Councilman Hershey said with respect to number 4, the Council is concerned With the open area being developed in some form. Councilman Hershey said he would rather leave that to the P & Z so that the C~uncil can consider it as a recreational area so that the area can never be used as a building site. Councilman Hershey said it was his concern that the area was overseen by someone, he would like to see it as a recreational area. Mayor Standley said it should be a recreational area with uses in response to the demands of the Institute facility, not to provide outside recreation, and secondly that no permanent structures, like bubbles over tennis courts, be built. Councilman Hershey moved to approve the SPA for the Institute with the P & Z conditions and with the addendums outlined by Mayor Standley for consideration by Council at this time; seconded by Councilman Herhsey. Councilwoman Johnston said she would tike to d~s~usS~ah~ ~en~sk~n~. golf course '.are used by a certain class of people. Open space can be used by anybody. Ail in favor, with the exception of Councilwoman Johnston. Motion carried. GOLF COURSE MASTER PLAN Mayor Standley told Council that Frank Hummel, a golf course designer and architect, was Golf Course brought in by Council a year ago to take a look at several alternative locations for a master plan new golf course and also to look at the present golf course. After that Council budgeted money to have Hummel do a golf course site evaluation in more depth in regards to the Smith ranch and the existing facility and to come up with a conceptual master plan. Hummel told Council he had 'done a lot of planning in the Aspen area with golf courses starting in 1968. In 1972 Hun~nel was asked to do a plan to bring the golf course up to 18 holes, and he submitted a brief cost analysis. In 1973 Hummel made a statement that Aspen should begin getting interested in a full golf course. The master planning should also be more comprehensive. Last year Hummel was asked to evaluate the master plan and to look at the Smith property and to look at redesigning the present golf course. Hummel submitted to Council his evaluation of both pieces of property. Hummel said that as he began looking at the present golf course, he began to see some possibilities. He would like to (1) use as much of the old golf course as possible, (2) keep the old golf course in business as long as possible, and (3) try to benefit as much as possible dollarwise from what is there, as far as the dirt already hauled out there, etc. Hummel said he now has a very satisfactory 18 hole golf course plan with full capabilities. The course can go from a patsy to a tiger; it will be very safe to play, and the nines fit exactly as they should. Hummel said he is very pleased with the results. The City has reached a point where every possible site in the Aspen area has been looked at. The budget is in the last study submitted in 1976. The cost analysis is pretty valid with a minor change as there is no budget in the figures for any sort of a clubhouse facility. Hummel told Council that the next step would be to put this into a package so that the Council will know exactly what it will cost to build. Right now Hummel does not have the definite acreage or the linear feet. Hummel said his track record indicates that they have never failed to build a golf course within the estimate given. To get to an estimate, Hummel would go out to the site and physically measure and lay it out. To get to this stage would cost between $5,000 and $6,500. Hummel told Council if they started soon the course would be ready to play by Spring 1978. Finance Director Butterbaugh said that the Council had not received revenue projections. Hummel pointed out that it depends on whether the Council wants to support this for the community or they want it to be self-sustaining. Annual memberships are poor sources of revenue and don't generate any money. Daily fees are the only way a golf course can really make it pay financially. Mayor Standley pointed out that the Council is going into budgetting. If there is suffi- cient interest on Council's part, they will budget for the detailed engineering and cost analysis. At the same time the finance director will figure out how the City can afford to pay for a $650,000 facility. ~uiar ~v~eetlng Aspen City Council August 22, 1977 SUBDIVISION EXEMPTION - Buchanan Subdivision Karen Smith, planning office, told Council this exemption request grew out of the conceptual Exemption - subdivision. There is a portion of the land starting at the center line of Gibson avenue Buchanan that is within the County. It was decided to process a subdivision exemption application through the City and County. This comes from the P & Z with a recommendation of approval conditioned upon the land being dedicated to open space and right-of-way uses. Ms. Smith said she would add another condition, that is that the land be dedicated to both the City and County. The City Engineer has said that at some future date Gibson avenue may be re-aligned. Councilma~ wishart moved to approve the subdivision exemption with the conditions that the land be dedicated to open space and right-of-way and dedicated to both the city and county; seconded by Councilman Parry. All in favor, motion carried. TAKE YOUR MONEY AND RUN Annual 10,000 meter Road Race City Manager Mahoney told Council this is a foot race on the streets of Aspen, and they Take Your Money are asking for police to control some intersections,and registration tables in the mall. and Run - Road Councilwoman Johnston pointed out that every year there is a marathon zn Aspen which has Race been participated in by local residents; is this in competition with that. Mahoney answered he did not think so. Councilman Hershey asked who took responsibility for running this. Mahoney told Council it was Aspen SAvings & /Joan. Councilwoman Johnston asked that Mahoney check with other people to see if they have any problems with this race. Councilman Parry moved to approve the annual 10,000 meter road race; seconded by Council- man Wishart. Councilwoman Johnston asked that the motion be amended that the City contact people to see if they object. Councilman Parry declined the amendment. All in favor, with the exception of Councilwoman Johnston. Motion carried. SUBDIVISION EXEMPTION - Temple Allen Temple Allen told Council that he owned six lots at the end of Main street. Allen said he Subdivision wanted to sell the Victorian house with two lots. There won't be any building on these Exemption - lots; everything will remain the same as it is. Councilman Hershey read the motion from Temple Allen the P & Z recommending approval with two conditions; (1) a gravel sidewalk be improved with concrete surface, and (2) that lots K and L have access provided through the alley or with an easement through the adjacent lcts. Councilman Van Ness asked what the policy is requiring concrete sidewalks. Mahoney said he did not think it was necessary but if the P & Z recommended it, it is okay. Councilman Van Ness said he thought it was a bad precedent ~o require concrete sidewalks. Councilman Parry moved to approve the subdiviszon exemption with the conditions as out- lined in the planning office memorandum; seconded by Councilman Wishart. Councilmembers Parry, Wishart, and Hershey in favor; Councilmembers Van Ness and Johnston opposed. Motion carried. RELIEF FROM ADMINISTRATIVE DELAY - Bell Mountain Sports Chuck Vidal ~old Council he had a building where the circumstance is the tenant is closed Relief From Administrative this summer. They have tried to take this advantage to build a second floor which is Delay -Bell 2,000 square feet. They have been unable to do this because of administrative delay. Vidal told Council he would have to go before the historic review committee. The Bell Mt. Sports Mountain Sports building may not have an opportunity to do anything next summer because the shop may not be closed. Councilman Parry moved to approve the exemption from administrative delay; seconded by Councilman Van Ness. Councilwoman Johnston stated that everytime the Council g~ves an exemption to administrative delay, they are hurting their case for the growth management plan. Councilwoman Johnston said she saw no virtue ~n increasing the mass of the building and loosing a small, funky building in Aspen. Councilman Parry disagreed, saying that he felt they could come up with a nice looking building. Councilman Van Ness said this is talking about whether the growth management plan quota system should go on commercial space. Councilman Van Ness said if it is the intent of Council to exclude commercial space from the growth management plan, then Council is imposing an undue delay on getting this building up. Councilman Wishart said if the Council keeps issuing exemptions, the City will never end up with a GMP, just a lot of people asking for exemptions. Councilmembers Hershey, Parry, Van Ness in favor; Councilmembers Johnston and Wishart opposed. Motion carried. XEROX CONTRACT Ordinance ~40, Series of 1977 Ord. ~40 ~rox Contract Councilwoman Johnston asked why this item was on the agenda when Council voted against it. Police Dept. Councilman Hershey answered that the issue was brought up again by the police department. ,~ Sergeant Kreuser told Council that one person can no longer handle the dispatch center alone during the day. Last year the dispatch cen~er made over 800 copies of records for people. The dispatch center has also taken over the records of the sheriff's office. Kreuser presented the minutes of the joint meeting in November 1976 where Councilwoman Johnston suggested selling the mag card and purchasing a small Xerox machine. Finance Regular Meeting Aspen City Council ~ugu~u ~, ~,, Director Butterbaugh told Council that there was money in the budget for payments on a Xerox machine. Over a five year period the reports will pay for the cost of the machine with no increased cost to the City. Councilman Parry moved to read Ordinance ~40~ Series of 1977; seconded by Councilman Wishart. Councilwoman Johnston stated she had a problem making a capital purchase just before budget time. Councilwoman Johnston said she thought this ought to be a joint city/county decision since the county is being asked to pay for half of the machine. Kreuser said the City is signing the contract, and the funds are going through the general funds. All in favor, with the exception of Councilwoman Johnston. Motion carried. ORDINANCE 940 (Series of 1977) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A XEROX STATE AND LOCAL GOVERNMENT EQUIPMENT EQUITY PLAN (INSTALLMENT PURCHASE AGREEMENT) BETWEEN THE CITY OF ASPEN AND XEROX CORPORATION WHICH AGREEMENT IS FOR A TERM OF THIRTY-SIX (36) MONTHS AND PROVIDES FOR MONTHLY PAYMENTS OF $58.50 was read by the city clerk. Councilman Parry moved to adopt Ordinance #40, Series of 1977, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Wishart, aye; Johnston, nay; Hershey, aye. Motion carried. CITY MANAGER 1. Position Classification/Compensation Plan. City Manager Mahoney told Council that the staff has been working on the pay classification for approximately one year. The Employee City has had outside people come in to look at the plan; a recommendation has been sub- Cbmpensation & mitted to Council. Personnel Director Patsy Malone submitted the classification plan and Classification told Council that the salaries have not been looked at since 1972. The plan will only Plan affect the budget by less than a 4 per cent increase based on total anticipated salaries. Ms. Butterbaugh pointed out that this is totally concentrated in the lower level employees whose salaries have been $200-300 below salaries in other areas. Ms. Malone said she felt this was needed to give good service to the citizens. Councilman Hershey said he would rather wait for the budget before he got involved in salaries. Ms. Malone pointed out this classification plan does affect the budget. The department heads are in the process of going through the budget, and this plan gives them a basis on which to build for next year. Ms. Butterbaugh told Council this would not be effective until January 1, 1978. In order to give Council a realistic budget, the staff have to know whether to go with this plan or not. Councilwoman Johnston said that perhaps it is good to accept this as a basis to start but not to pass the ordinance. Councilwoman Johnston said she would like to use this as a guideline. Ms. Malone pointed out there is a 4 per cent salary merit raise across the scale. The Council would deter- mine what the City could afford as a cost of living raise for all employees. Councilman Hershey said his problem with this is that there is a limitation placed upon the outside salaries. A person cannot be raised beyond the maximum in that grade. Councilman Hershey said he would like to table this so that Mayor Standley and Councilman Behrendt would have a chance to be involved. Ms. Butterbaugh stated that the staff is treating a problem they were aware of in an organized manner. 2. Mall CommitteeRecommendation Re~.arding Sculpture. Mahoney told Council he would like a motion approvi'ng the recommendation of the Mall Committee that the City sell the Mall Co~m/ttee Bearing Face sculpture. Sculpture Councilman Parry moved to approve selling the sculpture; seconded by Councilman Van Ness. Councilman Wishart said he would like to see the City actively pursuing the purchase of another piece of sculpture. All in favor, motion carried. MAYOR'S DEED - Jack and Eloise Ilgen Councilwoman Johnston moved to authorize Mayor Standley to sign this Mayor's deed; Mayor's Deed seconded by Councilman Parry. All in favor, motion carried. Ilgen WATER RATES Ms. Butterbaugh told Council that in the new water ordinance there is a provision that all flat rate customer's minimums would be raised to $10. There will be a 50 per cent Water Rates - penalty on all commercial and residential users who hayer not put in meters. Jim Increase Markalunas, head of the water department, sent out notices and people are aware this is taking place. Ms. Butterbaugh said she was telling Councilmembers so that when people called about this increase, the Councilmembers will be forewarned. Ms. Butterbaugh pointed out that there are a few elderly people who will be hit hard by this. Markalunas is asking if there can be some flexibility to negotiat~ with these people. Council- woman Johnston said the Council must tread very carefully as the rates cannot be changed after the ordinance has been adopted. ORDINANCE 945, SERIES OF 1977 - Subgrade lighting Ord. ~45 City Attorney Nuttall told Council that Mayor Standley has felt strongly that some of the ~nergency restaurants and business that are below grade could be quite dangerous if there was a subgrade power outage. ~uilding Inspector Meyring told Council there are provisions in the Lighting National Electric Code and the Uniform Building Code. This ordinance puts in battery packs in case the City is completely without power. This ordinance would be retroactive. Meyring told Council that now the emergency lighting comes off ahead of the main discon- nect. Regular Meeting Aspen City Council August 22, 1977 Councilman Van Ness asked what the costs would be. Meyring said that each unit is $50-60. How many units a building would have to have depends upon the individual building. Meyring said his personal feeling is that this is going a little bit beyond what is recognized national standards. Councilman Hershey moved to read Ordinance #45, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE a45 (Series of 1977) ORD. ~45 Uniform Bldg. AN ORDINANCE AMENDING SECTION 7-141 OF THE MUNICIPAL CODE OF THE Code CITY OF ASPEN (AMENDMENTS TO UNIFORM BUILDING CODE) BY THE ADDITION OF SUBSECTION (v) WHICH SUBSECTION PROVIDES FOR EMERGENCY LIGHTING SYSTEMS FOR CERTAIN SUBGRADE OCCUPANCIES was read by the city clerk Councilman Van Ness agreed that flashlights always seemed to do the job. Councilman Van Ness said he did not see any need to spend $100-$500 just to have these things sitting around. Councilman Wishart asked who would enforce this, and pointed out the City would have to hire another person to patrol it. There was no motion for action. Councilman Van Ness moved to adjourn a~ 4:45 p.m.; seconded by Councilman wishart. All in favor, motion carried. Kathryn ~ Ha~ter, City Clerk