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HomeMy WebLinkAboutminutes.council.19770613 --Regular Meeting Aspen City Council June 13, 1977 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley called the meeting to order at 5:15 p.m. with Councilmembers Johnston, Parry, Behrendt, Commissioners~Child, Edwards, and Kinsley present. Also present were COuntY'Manager Ochs, City Attorney Nuttall and County Attorney Stuller. 1. R__eport on Weather Modification. Larry Hjermstad submitted a report to Council and the Commissioners that indicated the dates and times the generators were operated. The precipitation as reported by the Soil Conservation Service was indicated. The clouds were Weather seeded 18 different days. Hjermstad stated that the winter did improve and there were ~dification more opportunities to seed than anticipated. The remainder of the state had much less snow pack than the areas seeded. This was a program to help Aspen, the community, and the ski business. For next year it should begin in early November. The money is there from the stand point of the state. Hjermstad said he felt the program did produce noticeably larger amounts of precipitation. Weather modification should not be used as crises type of situation. It is a long range approach to a problem. Commissioner Kinsley stated that last time the County did not support this. Kinsely said he would have to decide next time whether to actively oppose the program or not. 2. Land Acquisition Program. Planner Bill Kane included a memorandum explaining a new, realistic way to approach a land acquisition program. Kane pointed out an approach which LaDd Acquisi- would be to identify eligible projects and to have a large pool of money for the projects, tion program to include City and County money, private donations, Federal funds. The Parks Association has been active in this program. They have established goals and criteria. The program outline is very simple. (1) Initial selection of elLgible parcels for acquisi- tion in conjunction with the Parks Association, planning office, City and County P & Z, Council and Commissioners. (2) Funding sources would be from both Boards, private individ' uals, private foundations, and the landowners themselves. (3) The Trust for Public Land and NatUre Conservancy, who are highly skilled volunteer groups, will work with the land- owners on an individual basis. Kane was asking for endorsement of a conceptual way to proceed with this program. Kane would also like a reaction to identifying a budget in 1978 for an on-going land acquisition program. Raymond Auger told the Boards that about eight months ago, Mayor Standley and Commissioner Edwards had suggested that the Parks Association become active in this program, which was not formalized. A committee was formed which has been meeting weekly. They developed a program objective and criteria to make acquisition program as rationale and general as possible. A point system was set up. The Parks Association went through all properties and has submitted a list of 15. The Parks Association general concept is to act as a spearhead for community involvement in this program. Commissioner Kinsley stated he thought this was a terrific idea and the Parks Association should be thanked for all the time put into this. Councilman Behrendt asked what they needed between now and budget time. Kane asked for authorization of the planning office to work with the Parks Assocaition and to come back with a budget proposal. Regular Meeting Aspen ~lty uouncli ~= ~, .... Mayor Standley stated some of the properties on the submitted list are ready to develop. Mayor Standley suggested endorsing the list and encouraging the Parks Association to get some of these into a purchase-ready posture. Commissioner Edwards said the City and County could have the finance officers look to see what funds might be able to be avail- able for reallocation within this budget year. There also is a chance Federal funds may be received. Commissioner Edwards stated that acquisition of development rights or parcels outright is the only way to protect the Upper Roaring Fork Valley, and he stated he is wholly in favor of this. The City and County needed some catalyst to put a program together, which the Parks Association has done, Commissioner Edwards said he would be willing to create a County land acquisition trust fund on a yearly basis to work to try to implement this program'. Commissioner Child agreed and said the City and County will find that people will react in a much better way and the government will be betuer received than through zoning. Councilman Behrendt moved to. endorse the efforts of the Parks Association and Planning Office and the proposed acquisition list and encourage Parks to continue working on acquisition on behalf of the City and County and to authorize the planning department to support the activities of the Parks Association; seconded by Councilman Parry. All favor, motion carried. 3. Maroon Creek Trail. John Young told the Boards that Councilwoman Johnston had come up wlth the idea for a joint City/County project. There is an area below the Maroon Creek bridge, which is owned by the City, which would make a nice picnic area. Young stated he would like to entertain the thought of making a hiking, horse trail to that Maroon Creek area. Y6dng said he would like to look into the costs of this. The County trail crew Picnic area would do the work, there would be a few picnic tables and a few bike racks at the top of the trail. Commissioner Edwards pointed out there is an old road that could be used as the basis of the trail. This spot is on the bike loop and a picnic area is a low useage. It will not be committed to that use permanently. Mayor Standley said he hated to see the City develop a park that requires more maintenance. The Parks Department is overloaded with maintenance uhis summer. The City has extra bike racks to put out there and could sign the area. Anything over that, the City zs over their heads. Young said this could possibly be included in the trail maintenance program; if the City assumed the expenses of the picnic tables and the bike racks. Councilwoman Johnston moved to ask Young to proceed on that basis for a low key picnic area and to improve the trail; seconded by Councilman Parry. All in favor, motion carrieS. 4.~'-A-95 Reviews. (a) Criminal Justice Personnel. Commissioner Kinsley moved to approve with favorable comment; seconded by Councilwoman Johnston. All in favor, motion carried. (b) Swiss Village Water Treatment. Bob Nelson, County Sanitarian, stated that the Swiss Village homeowners have fairly stringent regulations under the new safe drinking water act and improvements in this particular subdivision are necessary. Nelson recommended favorable comment. Councilman Parry moved to approve the application with favorable comment; seconded by Councilwoman Johnston. All in favor, motion carried. 5. COG Finance Report. ~ Mayor Standley repor~Sd he had been called to a special meeting regarding the audit received on COG. COG is financially embarrassed. The deficit in 1976 went from ~1,000 to S38,000. Mayor Standley said he felt there was a bookkeeping problem and that the administration is not keeping a close eye on the operations. COG COG Finance has presently a negative cash flow. report Mayor Stan~ley said the purpose of the meeting was to ask the cities and counties to bail COG out. Mayor Standley said he was offended and said that the cities and counties did not create COG; it was created by the state to he~p cities and counties. Mayor Standley recommended that the cities and counties not bail out COG; this met with a lot of support~ The cities and counties are rather stuck with COG in order to review and apply for federal grants. Mayor Standley explained some of the reasons that COG is in financial trouble, not getting all th~ funds from the federal government. Mayor Standley suggested some actions to help out COG; reduce clerical staff at COG, an accounting system that is responsbility oriented is needed; there is S15,000 in pass through 701 funds that is not distributed to the counties; perhaps it is time to sit down and redesign and re-evaluate the roll of COG; suggest putting COG on a mill levy district so that it will have to be voted on. John Eldert, finance department, u&lked to Lee WoOlsey, COG, and went over various suggested with him. Woolsey agreed to wind down the IPA program; Woolsey will back charge $12,000 of his time to 208 funds. Woolsey said he wanted a budget review at the June COG meeting. Mayor Standley recommended to Council and the Commisszoners that the city and county do not agree to any additional funding for COG at this point; they have to bail themselves out. C~UNCIL MEETING Mayor Standley called the meeting to order at 6:15 p.m. with Councilmembers Behrendt, Johnston, Parry present. MINUTES Councilwoman Johnston moved to approve the minutes of the May 23, 1977, Council meetzng; seconded by Councilman Parry. All in favor, motion carried. Regular Meeting Aspen u~y ACCOUNTS PAYABLE Councilwoman Johnston asked John Eldert if he was satisfied that everything is going as planned and budgeted. Eldert answered yes. Councilman Parry moved to approve the accounts payable; seconded by Councilwoman Johnston. All in favor, motion carried. CITIZEN PARTICIPATION 1. Jeri Fox, Chamber of Commerce, thanked the City fore the use of the golf course and Chamber of tennis courts at the Plum Tree Inn. The Chamber picnic was very successful. Cc~anerce picnic MS. Fox said she had been approached for a possible fund raiser for the Chamber. A group would like to put up a tent to have an American ChaUtauqua from July 6 to 10. One of the organizers has adequate insurance and is willing to put up a bond. Ms. Fox asked Ch_amber use if the Council was willing to give ½ and acre on the Rio Grande, of RioGrande Councilman Behrendt moved to put this item on the agenda; seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to approve the tent on the Rio Grande; seconded by Councilman Parry. Councilwoman Johnston stated she had problems with this type of thing being coney islandy and junky. She said she did not like the atmosphere that these create. Councilwoman Johnston said that Aspen is more like the Design Conference and the M.A.A. Mayor Standley stated he felt that was an elitist'attitude. All in favor, with the exception of Councilwoman Johnston. Motion carried. Mayor Standley told Ms. Fox to make sure the City Attorney approves the insurance stipulation. 2. Jon Busch'~aBked the Council for approval to have the finance director establish a special fund to be called "Wheeler Opera House Organ Fund". Busch said he has been trying to secure an appropriate pipe organ for the Wheeler and has found one available for Wheeler Opera $12,000. Busch said he wants to go to the community to raise money .to.buy this organ. House Organ Busch said he felt this organ would be very valuable to the entire Wheeler. Mayor Standley asked if Busch had talked to the Wheeler Opera House task force. Busch answered he had and had received no negative comments. Councilwoman Johnston wanted assurances that this organ will not become the property of the current lessee. Busch Stated it would belong to the Wheeler. Councilwoman Johnston moved that the fund be establish within the city for the purpose of donations for an organ for the Wheeler Opera House; seconded by Councilman Parry. John Stanford, planning office, told Council that the Community Facilities Boards' role was not going to be to produce a list of equipment for the Wheeler but looking at uses and a broader scope. Stanford said that an organ would non be incompatible. All in favor, motion carried. 3. Claire-Sanderson was present on the proposed Highway 82, Main street, construction. Ms. Sanderson said she represented 17 people who had given her letters to the Council. Ms. Sanderson stated that as a 22 year resident and business woman, and as a well Highway 82 - aware citizen, she would like Council to,assure the business community that the Main Main street street sewer project would not be started until the end of the music festival. The construction month of August is the biggest sales volume month in the city. Ms. Sanderson pointed out that people come to Aspen to enjoy the town, and having Main street torn up will not give that feeling. John Eldert reported that City engiJeer Dave Ellis did not realistically feel that the state poeple would be ready to go until last August an the earliest. Mayor Standley said that Council was aware of the concerns of the business community. Councilwoman Johnston said the. City should have some conversation with the highway department as to their planning schedule and try to accommodate the business community and the City. Mayor Standley directed Art Hougland to take care of this with Ellis. 4. Chuck Torinus, representing the lodging association, presented three letters and said he was concerned about Main street being torn up before the season is over and ruining business. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston reminded'Council they had agreed to designate the settling ponds Jenny Adair "Jenny Adair Sawmill Park" and had promised the City would put a sign on it. Council- Sawmill park woman Johnston said she had the wording from the Historical Society and they would like a sign ready by July 22 for a celebration honoring early Colorado women. 2. Councilman Behrendt stated he would like the pedestrian crossing painted and the safety of pedestrians enforced while crossinq Main street. Councilman Behrendt stated Main street he saw no evidence of enforcement. Mayor Standley suggested having wooden boxes with crossings pencils and cards so that pedestrians could write down license plate numbers and report them to the police department. ORDINANCE ~23, SERIES OF 1977 ~ Exterior Access/Ramps Mayor Standley pointed out there was a letter from Betty Erickson, Human Resource Exterior Access Coordinator objecting to the ordinance. A connnittee of Councilmembers Behrendt, Parry and Johnston was formed to work with George Anderson and other interested citizens on ~odifying this ordinance. Mayor Standley opened the public hearing. Mayor Standley appointed Councilman Behrendt as chairman of the committee. Mayor Standley closed the public hearing. ~ u~sy council June 13, 1977 Councilwoman Johnston moved to table the ordinance pending report of the committee; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #25, SERIES OF 1977 - Smoking Ordinance Mayor Standley opened the public hearing. Mayor Standley pointed out that this ordinance requires that smoking areas be designated in all public places in the City. Councilwoman Johnston stated that the pu~se of this ordinance was to bring the question to a public Smoking hearing so that the Council could receive~'input. Councilwoman Johnston reported that the ordinance state has just passed a ruling like this that City's will have to conform to. Bill Dunaway Said he felt this ordinance was totally backwards. Claire Sanderson said she agreed, it should be the other way around, no-smoking areas designated. Mayor Standley closed the public hearing and asked for a motion to read Ordinance 924, Series of 1977. There was no motion. ORDINANCE 925, SERIES OF 1977 - Bicycle Licensing Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Bicycle Councilwoman Johnston moved to read Ordinance 925, Series of 1977; seconded by Councilman Licensing Parry. All in favor, motion carried. ORDINANCE 925 (Series of 1977) AN ORDINANCE REPEALING AND REENACTING CHAPTER 6 OF THE ASPEN MUNICIPAL CODE CONCERNING BICYCLES; PROVIDING FOR VOLUNTARY REGISTRATION OF BICYCLES was read by the city clerk. Councilman Parry moved to adopt Ordinance ~25, Series of 1977, on second reading; seconded by Councilwoman JOhnston. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCES ~28, 29 and 30, SERIES OF 1977 - ZONING CODE CHANGES Mayor Standley opened the public hearing. John Stanford, planning office, told Council these ordinances are part of a package of various zoning code changes from resolutions from the P & Z. Stanford read into the record various documents supporting these zoning Zoning Code code changes; P & Z reSolUtion dated April 2, 1976; Resolution 911, 1976, C~ity Council Cha~ges recommending creating an internal FAR in commercial core. P & Z resolution dated August 24, 1976; Ordinance 949, 1976, Creating and changing the office district; recent P & Z resolution recommending present changes to the zoning code; various memoranda from the planning office from October 1975 to May 1977. Ordinance '~28, 1977, will amend the maximum,square footage for appliance stores from 12,000 to 6,000 square feet. Ordinance 929, 1977, amends the calculations for internal FARs. This would include basements and sub-basements in the CC and C-1 districts. Ordinance 930, 1977, deals with FARs in three specific districts. In the CC it would go from 2:1 to 1.5:1 with an additional bonus for moderate cost housing. In the N/C zone, it would reduce the far from 1:1 to .5:1. The FAR in the S/C/I/ will go from 2:1 to 1:1. Bob Hughes, representing Bayard Hovdesven, sa~id his client owned the last remaining undeveloped lots in the N/C. These are the northwest corner of Original and Durant. This will be the only lot affected as a consequence of Ordinance ~30. Hughes said the proposed EAR~ill ~ake ~nything~.built ~ ~ '' ~' n.~these~ lots out,.of Sc. ale with the rest of the buildings in the area. Hughes asked that section l(b) be deleted from the ordinance. Kane stated that the .5:1 FAR was recommended in response to future development of the N/C zone. Kane stated he felt Hughes had a pointl If Hovdesven were held strictly to a .5 FAR in that location, it would produce a 3,000 square foot building next to a 33,000 square foot building. Kane stated this section was on oversight on the part of the plan- ning office, and in all fairness a 1:1 FAR in this location would be all right. Mayor Standley closed the public hearings. Councilman Behrendt moved to read Ordinance 928, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #28 (Series of 1977) AN ORDINANCE AMENDING SEC. 24-3.6(b) (c) AND (d) OF THE ZONING CODE OF THE CITY OF ASPEN WHICH AMENDMENTS SPECIFY USE SQUARE FOOTAGE LIMITATIONS WITHIN THE COMMERCIAL DISTRICTS, INCLUDING THE SERVICE/COMMERCIAL/INDUSTRIAL DISTRICTS was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~28, Series of 1977, on second reading; seconded by Councilwoman Johnston. Roll call vote; Counci!members Behrendt, aye;. Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Councilman Behrendt moved to read Ordinance ~29, Series of 1977; seconded by Councilman Parry. Ail in favor, motion carried. Regular Meeting Aspen ORDINANCE #29 (Series of 1977) AN ORDINANCE AMENDING SEC. 24.7(e) (2) OF THE ZONING CODE OF THE CITY OF ASPEN WHICH AMENDMENT SPECIFIES WHEN BASEMENTS, SUB-BASEMENTS, PARKING AND AREAS DEDICATED TO MECHANICAL OPERATION OF BUILDINGS IS INCLUDED IN Zoning Code EXTERNAL FLOOR AREA RATIO CALCULATIONS was read by the city clerk. C~es Councilman Behrendt moved to adopt Ordinance 929, Series of 1977, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Beh~endt, aye; Mayor Standley, aye. Motion carried. . Councilman Parry moved to delete Sec. l(b) from Ordinance ~30, Series of 1977; seconded by Councilman Behrendt. Councilwoman Johnston pointed out that P & Z should have a chance to review this change to the ordinance. Councilman Parry withdrew his motion; Councilman Behrendt withdrew his second. Councilman Behrendt moved to table Ordinance #30, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~31, SERIES OF 1977 - Appropriations for House at Water Plant Councilman Behrendt moved to table Ordinance ~31, Series of 1977, until later in the meet- ~ployee House ing; seconded by Councilman Parry. All in favor, with the exception of Councilwoman at Water Plant Johnston. Motion carried. ORDINANCE ~32, SERIES OF L977 - Holy Cross Agreement Mayor Standley opened the public hearing, There were no comments. Mayor Standley closed the public hearing. Holy Cross Agreement Councilwoman Johnston moved to read Ordinance ~32, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~32 (Series of 1977) AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, TO HOLY CROSS ELECTRIC ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH A PORTION OF THE CITY OF ASPEN HEREIN DESCRIBED, ALL NECESSARY NEEDFUL AND CONVENIENT POLES, POLE LINES, POSTS, WIRES AND TRANSFORMERS, AND WORKS, FOR THE PURCHASE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE INHABITANTS OF A PORTION OF HEAT AND POWER OR OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND OTHER PUBLIC WAYS AND PLACES IN SAID CITY OF ASPEN, AND FIXING THE TERMS AND CONDITIONS THEREOF was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance #32, Series of 1977, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. SWEARING-IN NEW COUNCILMEMBERS AND MAYOR Mayor Standley stated this swearing in is the first time that~the four members who Swearing-in originally went to Council together in 1973 will be broken up. Mayor Standley said it New Council & is important to recognize the contribution of the two people who are going off the Council. Mayor Ail of the members who have served on the Council for four years took a great deal of pride in the changes that have occurred in the Community. Mayor Standley said a great deal of credit goes to both Jenifer Pedersen and Pete De Gregorio for what they did on the Council for four years. Mayor Standley stated that Ms. Pedersen gave of herself unselfishly and probably put in more time than any member of the Council has put in in a number of years, and she should be highly commended. De Gregorio put in his time and represented a segment of the community that was very important. De Gregorio spread hims with his public duties throughout the community, also serving as the football coach. De Gregorio brought a lot of pride to this town with his attitude and with the input he has made as a eouncilmember. Mayor Standley stated he was looking forward to the next two years as his term with a great deal of excitement having Marty Hershey and John Van Ness joining the Council. Mayor Standley said he thought this is a continuation of the cohesivenes and general uniformity of thought that marks the last four years. Mayor Standley said it is very important to have this type of continuity because the City Ks only starting a lot of the programs that are going to require a lot of effort and support on the part of the Council. Councilman Wishart came into Council Chambers. Municipal Court Judge Tam Scott gave the oath of office to Martin Hershey, Michael Behrendt, and John Van Ness as Couneilmembers, and to Stacy Standley as Mayor. The new Council- members took their seats. Councilwoman Johnston moved to consider Resolutions 910 and ~11, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. June i3, 1977 Councilman Parry moved to read Resolution #10, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. RESOLUTION #10 (Series of 1977) WHEREAS, Jenifer Pedersen has ably and faithfully served as a member of the City Council of Aspen, Colorado, and WHEREAS, such service has contributed to the continued pros- Res. 10 perity of the City and the accomplishment of its goals, programs, and Jenifer Pedersen WHEREAS, the City Council Wishes to commend Jenif~r Pedersen, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that by this Resolution Jenifer Pedersen, be and hereby is commended for her service to the City of Aspen, and that this commendation be spread upon the public record of this City. BE IT FURTHER RESOLVED that a copy of this resolution be presented to Jenifer Pedersen as evidence of the appreciation of the City of Aspen for'her service. Dated this 13th day of June 1977 was read by Councilman Behrendt. Stacy Standley III, Mayor Councilwoman Pedersen moved to adopt Resolution #10, Series of 1977; seconded by Council- man Parry. All in favor, motion carried. Councilwoman Johnston moved to read Resolution #11, Series of 1977; seconded by Council- man Behrendt. All in favor, motion carried. RESOLUTION #11 (Series of 1977) WHEREAS, Pete De Gregorio has ably and faithfully served as a Res. 11 member of the City Council of Aspen, Colorado, ans Pete De Gregorio WHEREAS, such service has contributed to the continued prosperity of the~ City and the accomplishment of its goals, programs, and WHEREAS, the City Council wishes to commend Pete De Gregorio; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that by this resolution Pete De Gregorio be and hereby is commended for his service to the City of Aspen, and that this commendation be spread upon the public record of this City. BE IT FURTHER RESOLVED that a copy of this resolution be presented to Pete De Gregorio as evidence of the appreciation of the City of Aspen for his service. Dated this 13th day of June 1977 Stacy Standley III, Mayor was read by Mayor Standley Councilman Parry moved to adopt Resolution #11, Series of 1977; seconded by Councilwoman Johnston. All in favor; motion carried. MAYOR PRO TEM - Selection of Mayor Pro Te~n Behrendt Councilwoman Johnston moved to nominate Councilman Behrendt for Mayor Pro Tem; seconded.~? by CounCilman Wishart. All in favor, motion carried. SPECIAL EVENTS PERMITS 1. Music Associates of Aspen. Councilman Behrendt moved to approve the sped~al~events permit~for the M.A.A. for July 14; seconded by Councilman Parry. Ail in favor, motion M.A.A. carried. Special Event 2. Volunteer Fire Department. Councilman Van Ness moved to approve the 3.2 beer special~i event permit for the Fourth of July from noon to midnight; seconded by Councilman Behrendt Councilman Wishart asked Dick Miller, Fire Chief,I if the fire department would be permit responsibie for cleaning up. Miller answered yes. All in favor, motion carried. Chamber of Coa~aerce 3. Chamber of Commerce. Mayor Standley asked why the permit was requested for two days Special event at the golf course. Doug McCoy said they really only needed it for the Fourth of July permit during the horse race. Councilman Behrendt moved to approve the special event permit for 3.2 beer for the golf course for the Fourth of July from noon to 6 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. ASPEN HAMBURGER CO~ANY - Change to Partnership Councilman Behrendt moved to approve the liquor license change to a partnership; seconded Aspen Hamburger by Councilman Parry. All in favor, motion carried. Company - change to pertnership Regular Meeting Aspen City Council ~une £3, l~ SOUPER - Hearing for a three-way liquor license Mayor Standley opened the public hearing. City Clerk Hauter reported the posting and Souper- hearing publishing and file were in order. for 3-way liquor license Don Siegle, applicant submitted a petitions supporting this license signed by 522 people. , Siegle stated as far as personal liability, 'he has done everything he could to bring the Souper up to health laws. Siegle stated he was not turning the Souper into a bar and would still serve the same type of food and would be expanding the menu a little. Siegle told Council he had talked to his neighbors, and they have no objections at all. The Souper is an established business for four years. Councilman Wishart asked if Siegle had plans to move into the mall. Siegle answered it would not be feasible since it would block one of the neighbors' business. Mayor Standley called for opponents. There were no.ne. Councilwoman Johnston stated she had the feeling that Council should be bearing donw on the requirements to prove that the needs of the neighborhood had not been met. Councilwoman Johnston went on record stating that Council should pursue the points of the reasonable requirements of the neighborhood and proof that they are not met in the future. Mayor Standley closed the public hearing. Councilman Behrendt moved that the Council finds that the needs of the neighborhood and the desires of the inhabitants have not been met, and that the applicant has demonstrated good moral and financial characteristics, and that the Council approves the lssuance of a three-way liquor license to the Souper; seconded by Councilman Parry. All in favor, motion carried. FREDDIE'S - Request to expand premises Councilman Behrendt moved to approve the request to expand the premises of Freddie's; Freddie-s seconded by Councilman Parry. All in favor, motion carried. request to expand premises~~ REQUEST FOR ENCROACHMENT - Chapman Mayor Standley told Council he had a letter from City Attorney Nuttall which identifies the three stipulations that Council requires for an encroachment; (1) the City is held Request for harmless, (2) the Chapman's are responsible for the right-of-way, and (3) the license is encroachment being given at the discretion.~of Council and can be withdrawn at any time. The encroach- Cha~ ment is for a 24 inch high fence on the City's sidewalk. to approve request; seconded by Councilman Councilman Behrendt moved the enc~achment Parry. All in favor, motion carried. ORDINANCE $26, SERIES OF 1977 - Ratifying Tow Contract City Attorney Nuttall told Council the problem with the contract last time was what Ratifying Tow happened to private tows. Cars were being towed and not found un~il after they had a Contract large storage bill. Paragraph 12 covers private tows; whoever requests has to sign an authority to tow. The towing service has to send a certified letter to the registered owner of the car. A copy of this notice has to be filed in the police department. Councilman Hershey said h~ was opposed to the last sentence in paragraph 7, wherein the police department would be responsible for releasing cars from 3 to 7 a.m. Councilman Hershey this would bring the City back into the towing business again. Councilman Hershey pointed out this is a joint towing service, and between the two companies somebody can be responsible for releases between 3 and 7 a.m. City Attorney Nuttall suggested amending the contract to read, "charge of $5.00 to release a vehicle between the hours of 10 p.m. and 7 am." Councilman Hershey asked that paragraph 9 be scratched from the contract. This paragraph stipulated that tows that took over 15 minutes there would be an extra charge for. Councilman Wishart agreed. Councilman Behrendt moved to read Ordinance $26, Series of 1977, as amended; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE $26 (Series of 1977) AN ORDINANCE RATIFYING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND AIRPORT AUTO CENTER AND DILLINGHAM V.W. & TOWING SERVICE, INC. ("CONTRACTORS"), PROVIDING FOR TOWING AND STORAGE SERVICES TO THE CITY FOR A PERIOD OF ONE YEAR; WHICH AGREEMENT INCORPORATES A SCHEDULE OF CHARGES FOR SUCH SERVICES; REQUIRES THE LISTING OF CERTAIN INFOR1MATION ON VEHICLES TOWED AT THE TIME OF BILLING; PERMITS THE CITY TO CANCEL A TOW AT ANY TIME, BEFORE A VEHICLE IS ATTACHED TO A TOW TRUCK; REQUIRES THE CONTRACTORS TO INDEMNIFY THE CITY AGAINST CLAIMS FOR LOSS AND INJURY RESULTTNG- FROM SERVICES CONTRACTED FOR; AND FURTHER REQUIRES THE CONTRACTORS TO PROVIDE INSURANCE COVERAGE, ALL AS MORE SPECIFICALLY PROVIDED THEREIN was read by the city clerk Councilwoman Johnston moved to adopt Ordinance $26, Series of 1977, as amended, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Hershey, aye; Johnston, aye; Parry, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ~=~ ~.~=~u~ aspen ~y ~ouncli June 13, ~1977 HOLY CROSS - REQUEST FOR EASEMENT/ISELIN PARK Pat Dobie, representing Holy Cross, told CoUncil an easement for an underground pipeline to supply water for the snowmaking operation was necessary. Dobie illustrated some conceptual paths for the easement through the tselin Park and the adjacent property Holy Cross owned by James E. Moore. Holy Cross needs a 10 foot easement through ~the propertY. Easement in Mayor Standley told Dobie that the City did not anticipate closing on the purchase of Iselinpark Moore's property this year. DObie should negotiate with Moore because he is ~he only one who can grant Holy Cross an easement. Mayor Standley said action on this should be deferred until Council confers with their attorneys on the property. Dobie said he needed some fixed costs on the project, but didn't need to know until later on in the summer. No one on Council was vehemently opposed, but before any action the. Cauncil wil~i need recommendations from the legal and engineering staff. SUBDIVISION EXEMPTIONS - DUPLEX CONDOMINIUMIZATION 1. Vare. Hal Clark, planning office, told Council this was a request to condominiumize Subdivision an existing duplex at the corner of Neale and Gibson. The property is zoned R-15. The Exer~ption park dedication fee was paid at the time of building permit application. Planning office Vare recommends approval subject to six month lease requirements. Councilman Wishart moved to approve the subdivision exemption; seconded by Councilman Parry. Councilwoman Johnston asked if the City would ever need a wider right-of-way at that corner. City Engineer Ellis said he had considered that but without any plan for cir- culation, it did not seem fair to this particular party to require more right-of-way. If a wider right-of-way is required, it would be more logical to go to the north side. All in favor, with the exception of Councilwoman Johnston. Motion carried. ~. Edlin/Kimbrough. Karen Smith, planning office, told Council this duplex has a use and occupancy agreement and is now requesting subdivision exemption for the purpose of condominiumizing. Ms. Smith recommended approval of the subdivision exemption with Subdivision (1) payment of park dedication fees, (6) six month rental restrictions and (3) 90 day Exemption - right of first refUsal to tenants. Edlin/Kimbrough Gideon Kaufman requested that the park dedication fee be exempted. Kaufman stated that in 1973 the duplex was divided by a use and o~cupancy agreement, it was divided into two hal~es?each owned separately. Kaufman stated the present statutues do not talk of assess~- ing park dedication fees on previously subdivided lots. The condominiumization was done i through use and occupancy. Councilman wishart asked what the fee would be; Kaufman answered about $1800. Councilwoman Johnston asked why the duplex was being condomiumize~ Kaufman said the bank that is financing this requires it. Planner Kane recommended that the park dedication fee be~paid. Kane stated that should the Council exempt this, it would be setting a bad precedent. City Attorney Nuttall said she couldn't find any reason why the Council should be required to w&ive the park dedication fee. Councilman Behrendt moved to approve the subdivision exemption given the three conditionSi; seconded by Councilman Hershey. All in favor, motion carried. SUBDIVISION EXEMPTION - Aspenhof Ms. Smith told Council there has been some question whether this requires going through i Sutxlivision subdivision procedures at all. The Aspenhof is asking to amend some boundaries on the i! Exemption - first and second floors, which involves commercial portion of the building. Ms. Smith !i Aspenhof stated she could see no reason fOr this to go through full subdivision review. Bob Hughes, representing this applicant, stated he felt this does not fall within the intents of the subdivision ordinance. Hughes submitted th'e~:only map of record, Hughes explained they were requesting subdivision exemption so that there would be a condominium map of record which conforms to the building. Kane explained that the owner had legal right to convey any units at any point in time. A subdivision takes place at the point of recording the plat. Subdivision on this building has already taken place; this is an amendment to the subdivision plat. Council~i man Behrendt asked if the changes took place under a building permit. Councilman Behrendlt stated he did not want to approve a non-conforming structure. Councilman Van Ness asked if the Council could approve this conditioned upon the Building Inspector's okay. Councilman Wishart moved to approve on the building inspector's okay; seconded by Council!- man Wisharto All in favor, motion carried. FI~AL~ SUBDIVISION PLAT APPROVAL FOR CONDOMINIUMIZATION - Scott Councilman Hershey stated he had represented Scott initially and said he did not feel he could vote on this item, Councilman Hershey stated he would take no cases that would Subdivision involve the City and the Council. Councilman Hershey left the table. Final - Scott Clark stated this is a request to condominiumize an existing building. The planning office recommends approval. Councilman Behrendt moved to approve the final s~bd~V~ion plat for Scott; seconded by Councilman Wishart. 2230 Reqular Meetinq Aspen City Council June 13, 1977 Johnston asked if rent would be charged and if the county restrictions had been met. Markalunas answered it is the intent to charge rent and it will be rented to an employee of the wa~er department. Councilwoman Johnston stated the money to move the house should not come out of PIFs. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinahce ~31~ Series of 1977; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE ~31 (Series of 1977) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE A~OUNT OF $7,000.00 FROM EXCESS REVENUES IN WATER DEPARTMENT (PLANT INVESTMENT FEES) FOR MOVING AND RENOVATING A HOUSE TO BE USED FOR SECURITY AT WATER PLANT was read by city clerk. ~Ou~cilman Wishart moved to adopt Ordinance ~31, Series of 1977, on second reading; seconded by Councilman Behrendt. Roll Call vote; Councilmembers Wishart, aye; Behrendt, aye; Van Ness, aye; Hershey, aye; Johnston, nay; Parry, aye; ~ayor Standley, aye. Motion carried. WPW - Request waiver of 30 day period Ms. Nuttall explained that Nick McGrath, representing WPW, had gone before the Board of Adjustment for a variance. This was not granted, and McGrath is requesting that the Waiver frc~ City give him an extension of the time ~o sue the City. Ms. Nuttall recommended that the Council go ahead and give McGrath the extension. It does not hurt the City because the Board of City does not have to defend the case at this point. Adjustment Councilman Hershey moved to authorize Mayor Standl~y to sign the letter giving an extension to WPW; seconded by Councilman Wishart. All in favor, motion carried. Councilwoman Johnston moved ~o adjourn the meeting at 8:55 p.m; seconded by Councilman Hershey. All in favor, motion carried. Kathry~FS. Hauter, City Clerk