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HomeMy WebLinkAboutminutes.council.19770314Regular Meeting Aspen City Coun.c~..1 March 14, 1977 Mayor Standley called the meeting to order at 5:10 p.m. with ~ouncilmembers Behrendt, Johnston, Pedersen, Commissioners Child and KinsleY, City Manager Mahoney and City Attorne Nuttall present.' 1~~ Transportation Report. Sandy Knaub told the Boards that she ~ould like a study session to go over the transportation alternatives study. The study session was set for Transportatn Monday, March 21, at 4:00 p.m. Ms. Knaub handed out large packets she would go through Report at the study session. 2. Community Facilities Board Report. Edgar Stern, chairman of the CFB, read a memorandu to Council and the Commissioners. This memorandum stated that the CFB has made and passed resolutions for the use of the old hospital, the Wheeler Opera House, and the Holy Community Cross property. The CFB recommended that the hospital be used as a community service Facilities facility and that the land adjacent be dedicated for employee/student housing. The Board Wheeler Opera House was recommended to be used as a community/cultural complex, with a Report recommendation to purchase the two lots west of the Wheeler so that the center could be expanded. The CFB resolved to "reserve use of the Holy Cross Facility and surrounding property as being suitable for use by artistic, cultural, educational and other leisure time activities of the community". Stern stated that the CFB is ready for phase two of its activities, which is to come up with recommendations for the uses that will be specific and definitive. The CFB has divided into three task forces. These task forces will (1) invite all interested communit group to present views on the recommended uses for the buildings, (2) review requests of various organizations, (3) will attempt to match the fa~lities available with requests presented and develop an order of priority, (4) obtain services of architects and other technical cohsultants. Each task force will prepare a budget to present to Council and the Commissioners, (5) prepare schematic designs describing uses of facilities and assignments, 'The task forces will prepare different phases, the first of which will require the absolute minimum of modification of the facility in question, and will present a cost estimate and construction schedule. The Community Facilities Board acting as a group and through its task forces will attempt to make recommendations on what is considers to be the most appropriate management structure for the operation and management of these facilities. It will consider the question as to whether the facilities should be managed by the City or County or through other boards. The CFB hopes to complete this task and make specific recommendations to Council and the Commissioners within 90 days. The CFB will also enumerate those uses for which it was not able to accommodate and make recommendations for the solution of these outstanding problems. Councilman wishart came into Council Chambers. Mayor Standley asked Stern if he had any idea of the budget requirements. Stern s~aid it was hard to give an estimate, but initially it would be very small. Mayor Standley asked if the CFB had had contact with the conference center board. Stern said they would participate as a member of the task forces. Mayor Standley asked that the proposed budget be ready for the next joint meeting, and that the task forces be enumerated. Council and Commissioners agreed that the CFB is right on track and doing a good job. 3. Overall Economic Development Plan. Brian Stafford and H. J. Stalf are working to form the committee for the OEDP. Stafford pointed out that Pitkin County only has 2½ Overall Economic months to get all the work done. Every elected official received an invitation to be Development involved in this committee. Stalf asked that they get a partial committee going and add Plan to it at the next meeting. 4. Police Department and Sheriff's Office. Mayor Standley had growth statistics of both organizations submitted so that these could be compared to the ones published in the Police & Denver Post. George Ochs stated that after looking at the possibility of merging the Sheriff's two departments in the Courthouse, the Commissioners decided against it. Ochs stated he Departments would like to pursue the feasilibity study for a new building to house the APD, SO, and district attorney's offices. Ochs stated this would be done in a ~hree step process; the City and County staffs would be working on it. The staff would investigate financing, work with local architects on space requirements; the planning staff will examine possible sites. After all this is completed, a report will come back to Council and the Commission ~rs. Mayor Standley stated this concept ought to be expanded to include all protection services like the fire department and perhaps Mountain Rescue. Mayor Standley pointed Out this is one of the projects that does fit the guidelines of the EDA, and another reason why the OEDP has to be done. Councilman De Gregorio stated that if the police department was ~=F~n u~sy Council March 14, 1977 SPA AMENDMENT - TRUEMAN BUILDING Kane told COuncil this was a request for an additional 1,000 square feet on the top of the building for housing and technically is an amendment to the SPA. Larry Yaw stated ~Trueman . . when they originally dealt with numbers in zoning, the housing was set at 10,000 square !iSPA Amend- feet. It was established that the building could not be done in a single Phase. Yaw ~ment told Council that they did get financing for houSing. The housing officer was asked was kind of unit would serve all interests best; theSe are 600 square feet. Yaw said they had found room for two more one bedroom units. This will add approximately 1,200 square feet. The physical result is neglible; it does not add to the height or massing of the building, Trueman has agreed to six month rental restruction and to review by the housing authority. Kane told Council that the P & Z's only concerns were that these have a six month lease and that they not be condominiumized in the future. Councilman Wishart moved tO set the public hearing for April 11; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman Behrendt. Motion carried. CONCEPTUAL SUBDIVISION - Blue Spruce Kane told Council this is a proposal to take the back building of the present Blue Spruce, at Durant and Monarch, remove it and replace it with a new building of 15 condo- minium units. There are 17 lodge units presently. The management and rental control Conceptual will continue to be managed through the main office of the Blue Spruce. Subdivision Blue Councilman Behrendt asked if the square and cubic footage would be roughly comparable. Spruce Bob Sterling told Council that it is the desire of his client to provide employee housing. Some units will be provided for employee housing; these new units will be short term rental. The lower parcel of the Blue Spruce is zoned L-1 and does not permit any condo- miniums. The upper portion is zoned L02 and dOes permit condominiums. Sterling said they were doing on-site parking now. Kane pointed out this property is only 1½ blocks from Rubey Park, the main transportation center. Kane told Council that the housing office was looking into moving the existing building to be used for empl©~zee housing or for the M.A.A. Councilwoman Johnston pointed out that the existing ~uilding was going to be demolished or removed, and stated she had~ a hard time calling ~' un.~s a remodelling. Councilwoman Johnston asked how this fit into the administrative delay. Kane stated it was the opinion of the planning office that this project would be a reduction in density. Councilwoman Johnston stated this is an exception to what has been stated will be administrative delay. Councilman Behrendt moved to approve the conceptual subdivision; seconded by Councilman Parry. All in favor, with the exception of Councilwoman Johnston. Motion carried. ORDINANCE #2, SERIES OF 1977 - Water Extension to Midland/Park Mayor Standley opened the public hea~ing. There were no comments. Mayor Standley Ord. 2,1977 closed the public hearing. Water Extension ~ Councilwoman Pedersen moved to read Ordinance ~2, Series of 1977; seconded by Councilman to Midland/ De Gregorio. Ail in favor, motion carried. Park ORDINANCE #2 (Series of 1977) AN ORDINANCE AUTHORIZING THE EXTENSION OF WATER SERVICES TO ~HE PROPOSED MIDLAND PARK SUBDIVISION AND DOING SO PURSUANT TO THE REQUIREMENTS OF SECTION 11.3 OF THE ASPEN HOME RULE CHARTER was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #2, Series of 1977, on second'reading; seconded by Co~uncilman Wishart. Roll call Vote; Councilmembers Behrendt~ aye; De Gregorlq~, aye; Johnston,~.~aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #8, SERIES OF 1977 - Amending Employee Retirement Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 8, 1977 the public hearing. Employee Retirement Councilwoman Pedersen moved to read Ordinance #8, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #8 {Series of 1977) AN ORDINANCE AMENDING RETROACTIVLY TO T~E EFFECTIVE DATE OF ORDINANCE NO. 3, (SERIES OF 1976) PROVISIONS OF THE CITY OF ASPEN EMPLOYEES RETIREMENT PLAN AND T~,US~ ARTICLE VII OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERMITTING CITY CONTRIBUTION FOR EACH PARTICIPANT EMPLOYED BY THE CITY FOR MORE THAN TEN YEARS AN AM©~T~ EQUAL TO FIVE (5%) PER CENT; ELI~IN~TING THE REQUIREMENT THAT CONTRIBUTI©N CHANGE ~LECTION BE MADE BETWEEN DS~C~ER i AND DECE~BER 15 A~ENDING CALCULATION METHOD FOR ALLOCATING NET EARING OR LOSSES OF~ T~E TRUST FUND; AND PROVIDING FOR VESTING OF CITY CONTRIBUTIONS ON ANY ANNIVERSARY YEAR BASIS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #8,. Series of 1977, on second reading; seconded by Councilman Wishart~ Roll call vote~ Councilmembers De Gregorio~ aye;Wlshart,li aye; Parry~ aye; Behrendt, aye; Johnston, aye; Pedersen, aye; ~ayor Standley, aye. ~otion carried. not interested, why should this go ahead. Chief of Police Hershey stated he was interested in pursuing it at this level, sheriff Kienast stated this was absolutely essential from ~ the County's point of view because of the jail needs. Councilwoman Pedersen moved that the Council and Commissioners ratify the decision to proceed with the feasibility effort without an expenditure of any funds; seconded by Councilwoman Johnston. All in favor, motion carried. COUNCIL MEETING MINUTES Councilwoman Pedersen moved to approve the minutes of the February 28, 1977, Council meeting; seconded by Councilman De Gregorio. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston asked if finance director Butterbaugh was satisfied that everything is authorized and there are no trouble areas. Ms. Butterbaugh answered yea. Councilwoman Johnston moved to approve accounts payable for February; seconded by Council- woman Pedersen. Councilman Wishart asked how close to the point of cutting back on capital projects was the City. Ms. Butterbaugh stated that the anticipated surplus for 1976 was in excess of $700,000, and the city should be able to proceed with the 1977 budget with no cut backs. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman De Gregorio suggested that the City inform restaurants in town not to serve water unless customers request it. City Manager Mahoney stated this was not necessary at this time because Aspen has no storage capacity, and this is a low peak demand time. 2. Councilwoman Johnston stated she was very concerned about the dust and dirt around Dirt in !town this town. There is trash dumped around and this makes a very bad impression fo'r a resort town. 3. Councilwoman Johnston pointed out a theme with the growth management plan, the OEDP, Council the CFB, and the upcoming election that says that the Council should be getting together projects and defining projects they want done. The Council has to define what they want Aspen to be. The Council should schedule a series of work sessions to get this done and also to get citizens feedback. 4. Councilwoman Johnston stated the city was going to have to~ face the automobile problems and congestion. The Council should start thinking about options for auto disincentive. 5. Councilwoman Pedersen said that many cars of city employees we're parking in front of the bakery across the street. This cuts down access ~o the bakery. City Manager Mahoney said he would write a memo to all employees. 6. Mayor Standley welcomed and introduced the new City Attorney, Dorothy Nuttall. 7. Mayor Standley said that some signs had been put together by the City for occupancy Open loads in restaurants and bars. There is a law in the city against open containters. It Containers would be nice if the City got some design telling people not to take containers out in the streets and distributed them to bars, restaurants, and liquor stores. Chief of Police Hershey suggested someone in his department make a cartoon and present it at the next meeting. 8. Councilman De Gregorio said he felt some bars were letting kids-ih to drink. Council- man De Gregorio asked that the police department start enforcing the age limit for drink- ing. 9. Mayor Standley told Council that February was the biggest month ever for the trans- portation routes. Mayor Standley stated the City had never had a professional transpor- Transportae taion programmer. It might be a good time to have someone look at the City's system tion and tell us what the City ought to be doing. Mayor Standley said a professional programmer programmer could evaluate the needs, rather than the City tryzng to force transportation. STUDENT COMMENTS There were none. A-95 REVIEWS 1. Retired Senior Volunteer Program. Phyllis Kenny told Council this is a program that encourages senior citizens to actively volunteer in the community. Betty Erickson had recommended favorable comment. 2. Colorado Mineral Leasing Review. Ms. Kenny stated this would strengthen the State's said the drainage project will probably run up at $50,000, and any agreement that comes through this should be a topset figure. The project will be funded at $350,000; 80 per cent Federal and 20 per cent state. This cannot go to bid unti~ after there is an agreement. Ellis said they hoped to get started by June. Highway~ 82 Councilman Behrendt pointed out that the City streets are already falling apart, and he ~ ~Drainage would rather not take the $30,000 out of the chip and seal budget. The last couple of years the City has been treated to engineering disruption. Councilman Behrendt asked '~ how long this will take, where the construction will take place. Ellis answered the storm drainage project would be from Sixth to Garmisch on the south side of Main street. There will be no work on the north side of Main street. There will be two blocks of work on the sewer from the Courthouse to Spring and Main. The project will tie the existing 36 inch storm drain on Original into a new storm drain on Spring street. This will be run down Spring to the Obermeyer building and will eliminate outfall directly into the river. Ellis stated a possibility is to put the irrigation water into the sewer at Glory Hole park. This could be brought down using the storm drainage system, and utilize water rights via the storm drainage system. Ellis told Council he had not seen a-construction schedule, but the City is looking at four weeks minimum to do just the dtorm drain work. This will take up one parking lane and one traffic lane at minimum. The paving would be much less disruptive and would go faster. There would probably be a'detour of one block at a time. ~ Councilman Behrendt moved to approve the work at the levels suggested by the City Engineer; seconded by Councilwoman Pedersen. Councilwoman Johnston stated she feels that the City is working in the opposite direction of auto disincentive. Councilwoman Pedersen pointed out this work is incumbent upon the City as this is a state highway, and the City will get the change to do the drainage work that is necessary. All in favor, motion carried. DUPLEX CONDOMINIUMZATION Councilman Behrendt pointed out there was a general undertone about condomin~umization''~ Condominiumi- of duplexes that somehow is undesirable. Planner Bill Kane told Council he had spent zation of some time looking into this question. Kane stated the issue had been raised that Duplexes condominiumization of existing duplexes had the effect of removing local housinq from the market. Kane stated this has not been happening. Duplexes generate high rents to beging with, so they are already missing the local market. In most cases looked at, condominiumization of duplexes is providing an opportunity for someone local to buy, splitting the per land cost across two units. Housing officer Brian Goodheim stated that without any controls, condominiumization of duplexes may take units out of the local market. Goodheim said to protect against this, the City should ask for six month rental restrictions. Goodheim pointed out that condominiumization makes housing much more affordable for local persons. Councilwoman Pedersen asked how the six month rental restriction was to be enforced. Mayor Standl~y S~gested that the lease agreements be recorded. Kane pointed out that at present, the City could only get a six month rental restriction voluntarily; it is only applied to the R/MF zone. Kane stated the County Commissioners are definitely of the feeling that duplex condominiumization leads to taking housing off the market. Kane said the planning office has been overrun with requests for condominiumization. Goodheim confirmed this is a very complicated value judgment, and requires the City to determine whether it is good or bad. There is a difference between multi-family build- ings and duplexes. Condominiumization of duplexes increases single family dwellings available to locals. A six month rental restriction has a depressing value on the price and keeps tourists out. Goodheim stated that in terms of apartments buildings, it can be demonstrated there is up to 100 per cent increase in housing costs. Councilwoman Johnston stated she felt this question needed more study. Mayor Standley said the Council had agreed to continue with duplex condominiumization but not to process any multi-family units until Council had a report from the Housing Authority. SUBDIVISION EXEMPTION - Alpine Acres Bill Kane told Council this is a request for condomlniumization of three existing Alpine Acres Victorians on Gibson avenue. The city engineer has reviewed this, and his comments Subdivision are attached. The annexation agreement for this property covers improvements that are Exemption to be made. Barry Edwards told Council that they had not a~reed to six month rental restrictions but had agreed to right of first refusal to tenants in the buildings. This works 3ust as well as is easier for everyone concerned. Edwards stated that the P & Z had recommended exemption be approved subject to payment of the park dedication fee and giving first r~ght of refusal at market price to all tenants. Councilman De Gregorio pointed out that if no tenants wanted to purchase ~he units, they could turn into short term. Mayor Standley stated that if Council were to give an exemption, which is an advantage to the owner, the Council ought to be requesting to see the sales contract on the property. This was the Council could see if it is being sold to locals, and what the sales price is. Goodheim said he had been approached by two of the tenants who were concerned that this is being condominiumized and sold at prices they cannot afford. Mayor Standley suggested this ought to be tabled until Council could get ~he kind of information they needed. Nick McGrath told Council if they wanted to see sales contract, these contracts could be provided. ship of the Shaw house, lots 23-4, from the balance of the land, and (2) lot line adjust~ ment to facilitate separate ownership of three buildings and creation of four duplex lots. Essentially there are four existing small Victorians in the area; this would include the iSubdivision removal of a small yellow frame house that sits on the property line. This yellow house ~Exemption is in total disrepair. The P & Z and planning office recommend approval with three Shaw conditions: (1) Limitation on FAR that can be added on to existing buildings. In a broader context, the planning office has been discussion with the P & Z and Council placing FAR limitations on all residential construction. A .3:1 FAR has been discussed in this district. (2) Historic designation on three existing Victorians, and (3) Historic designation on the Shaw house. There are two controls imposed here; the FAR and review by the HPC. No building activity can take place without HPC review. ~haw Property. Jim Moran, representing this project, told Council there are nine lots in an R-6 zone. Moran stated they would like a subdivision exemption to allow the Shaws to draw a boundary line on a lot line in Hallams Additions so that Mrs. Shaw can live in the house. Moran said his clients, the Shaws, have been responsive to ideas that the Council has indicated they are in favor of. Councilman~Behrendt asked if they would dedicate the main house as single family piece of property and also agree to historic designation. Moran answered that historic designation is agreeable. The idea of restrict ing the house to single family had not come up. As far as chaing the' house into a board- ing house, that is not authorized use at present in the R-6 zone. If the condominiumized it, it could become two units. Moran stated he felt this proposal is responsive to some of the policy statements of'Council and the P & Z. The alternative, of course, is that the nine lots could be all single family dwellings. Councilman Behrendt stated he_w~uld like to see the house designated historic and would like to see an~FAR of .3:1. Moran stated if that FAR became law, they would be bound by it. With respect to the application of the Shaw estate, Moran would not be inclined to accept conditions that are not generally acceptable throughout the neighborhood. The FAR in the surrounding area is nowhere near .3:1. K'ane told Council that the 'approach on the subdivision dedication fee would be that the fee be paid for th~Shaw house and the land that is being subdivided. Any additional building that would take place would be covered at time of building permit issuance. Councilman Wishart moved to approve the subdivision exempti~n'conditioned upon seeking historic designation for the Shaw house and conditioned upon City Manager Mahoney agreeing to the park dedication fee; seconded by Councilman Parry. Moran asked that Mollica's leeter of opinion of value, dated March 14, on the Shaw propertY, lots 23 and 24, valued at $150,000 be made part of the record. All in favor, motion carried. WP~. Mayor Standley told Council that his interest in the project was that Frank Baranko contacted him to'see if Mayor Standley was interested in putting in a contract for the lot next to W. Bennis' house. Mayor Standley stated he did put in a contract for that and his offer was rejected by the Shaws. Mayor Standley received his contract and earnest ~ ...... money back. City Manager Mahoney was also contacted, and also submitted an offer. That ~i~c~ offer was rejected, and Mahoney has now placed earnest money on a lot in Mountain Valley. Nick McGrath, representing WPW, submitted background information on this project in the packet. McGrath stated that the house that is proposed to be removed does not even have a foundation. Peggy Clifford and Frank Baranko, present tenants in the existing Victorians both have options to purchase from WPW. There is a letter in the file from Peggy Clifford support WPW's application. WPW has an option on the property that will expire on March 16. The only substanitive thing being requested is changing of the lot lines. This will help to preserve the exist- ing Victorians and will make the middle one a conforming house. McGrath pointed ou~ that under the existing R-6 zoning, they could put up very large duplexes. A chart submitted indicated that the Clifford house could be up to 16,000 square feet; the brick ho~s~ up t~ 1~,000 square feet; the Baranko House up to 10,000 square feet under the existing bulk and requirements of the City. McGrath stated if the means ~o accomplishing the subdivision exemption was an imposition of an FAR requirements, he had indicated to P & Z that WPW could live with a .3:1 FAR. An additional requirement..of the P & Z was historic designation in advance. ~cGrath expressed preference to restoration first, then historic designation. A~a~n if to assure approval of the e~emption with historic designation as a contingency, WP~ can live with that. McGrath presented pictures and a chart of the immediate area indicated that over 50 per cent of the houses are duplexes or have carriage houses. McGrath also pointed out that not all the houses in the area were Victorian. There are many modern structures in the area. ~cGrath told Council ~his is the proposal that P & Z approved. Council is talking about an extremely expensive piece of property, and McGrath said he felt this ~s a fair and sensitive project for a nice area. Councilwoman Johnston asked what the a~vantage would be of doing restoration before getting historic desicnation. ~cGrath answered only that they would not have to go to HPC. Kane stated his recommendation is for historic ~esignation as a condition. Historic designation requires tha't any additions go through a public forum. Councilman Behrendt pointed out that the City recently bought property across the street. This neighborhood is one of substance and ~uality, and CouncilmanBehrendt would like to see it continue on that basis° Councilman Behrendt asked ~cGrath if they would be willing to designate these as single family dwellings, kcGratn said they intende~ to build homes not duplexes. Some of these people may want to buil~ caretakers homes, however. SPA AMENDMENT - TRUEMAN BUILDING Kane told Council this was a request for an additional 1,000 square feet on the top of the building for housing and technically is an amendment to the SPA. Larry Yaw stated Trueman when they originally dealt with numbers in zoning, the housing was set at 10,000 square SPA Amend- fee~t. It was established that the building could not be done in a single phase. Yaw ment told Council that they did get financing for housing. The housing officer was asked was kind of unit would serve all interests best; these are 600 square feet. Yaw said they had found room for two more one bedroom units. This will add approximately 1,200 square fee~. The physical result is neglible; it does not add to the height or massing of the building. Trueman has agreed to six month rental restruction and to review by the housing authority. Kane told Council that the P & Z's only concerns were that these have a six month lease and that they not be condominiumized in the future. Councilman Wishart moved to set the public hearing for April 11; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman Behrendt. Motion carried. CONCEPTUAL SUBDIVISION - Blue Spruce Kane told Council this is a proposal to take the back building of the present Blue Spruce, at Durant and Monarch, remove it and replace it with a new building of 15 condo- minium units. There are 17 lodge units presently. The management and rental control Conceptual will continue to be managed through the main office of the Blue Spruce. Subdivision Blue Councilman Behrendt asked if the square and cubic footage would be roughly comparable. Spruce Bob Sterlina told Council that it is the desire of his client to provide employee housing. Some units will be provided for employee housing; these new units will be short term rental. The lower parcel of the Blue Spruce is zoned L-1 and does not permit any condo- miniums. The upper portion is zoned L02 and does permit condominiums. Sterling said they were doing on-site parking now. Kane pointed out this property Ks only 1% blocks from Rubey Park, the main transportation center. Kane told Council that the housina office was lookina into moving the existing building to be used for employee housing or for the M.A.A. Councilwoman Johnston pointed out that the existing Duilding was going to be demolished or removed, and stated she had a hard time calling this a remodelling. Councilwoman Johnston asked how this fit into the administrative delay. Kane stated it was the opinion of the planning office that this project would be a reduction in density. Councilwoman Johnston stated this is an exception to what has been stated will be administrative delay. Councilman Behrendt moved to approve the conceptual subdivision; seconded by Councilman Parry. All in favor, with the exception of Councilwoman Johnston. Mo%ion carried. ORDINANCE ~2, SERIES OF 1977 - Water Extension to Midland/Park Mayor Standley opened the public hearing. There were no comments. Mayor Standley Ord. 2,1977 closed the public hearing. Water Extension . Councilwoman Pedersen moved to read Ordinance ~2, Series of 1977; seconded by Councilman to Midland/ De Gregorio. All in favor, motion carried. Park ORDINANCE ~2 (Series of 1977) AN ORDINANCE AUTHORIZING THE EXTENSION OF WATER SERVICES TO ~HE PROPOSED MIDLAND PARK SUBDIVISION AND DOING SO PURSUANT TO THE REQUIREMENTS OF SECTION 11.3 OF THE ASPEN HOME RULE CHARTER was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~2, Series of 1977, on second'reading; seconded by Co~uncilman Wishart. Roll call vote; Councilmembers Behrendt,. aye; De Gregor~, aye; Johnston,~aye; Parry, aye; Pedersen, aye; Wishart, aye; ~ayor Standley, aye. ~otion carried. ORDINANCE #8, SERIES OF 1977 - Amending Employee Retirement Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 8, 1977 the public hearing. Employee Retirement Councilwoman Pedersen moved to read Ordinance 98, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~8 (Series of 1977) AN ORDINANCE AMENDING RETROACTIVLY TO THE EFFECTIVE DATE OF ORDINANCE NO. 3, (SERIES OF 1976) PROVISIONS OF THE CITY OF ASPEN EMPLOYEES RETIREMENT PLAN AND TRUS~ ARTICLE VII OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERMITTING CITY CONTRIBUTION FOR EACH PARTICIPANT EMPLOYED BY THE CITY FOR MORE THAN TEN YEARS AN A~©~T EQUAL TO FIVE (5%) PER CENT; ELI~I~ATING THE REQUIREMENT THAT CONTRIBUTI©~ CHANGE ~LECTION BE MADE BETWEEN D~f~FR t AND DECE~{BER 15 A~ENDING CALCULATION METHOD FOR ALLOCATING NET EARING OR LOSSES OF THE TRUST FUND; AND PROVIDING FOR VESTING OF CITY CONTRIBUTIONS ON ANY ANJIVERSARY YEAR BASIS was read by the city clerk. Councilwoman Pedersen moved ~o adopt Ordinance ~$, Series of 1977, on second reading; seconded by Councilman Wisharto Roll call vote~ Councilmembers De Gregor~o~ aye~ Wishart, aye; Parry~ aye; Behrendt, aye; Johnston, aye; Pedersen, aye~ ~ayor Standley, ave. ~otion carried. CITY MANAGER 1. Snow Obstructing Mail Boxes. City Manager Mahoney had included a note from the U. S. Post Office telling residents that they could not deliver mail if the mail boxes were obstructed.. This was just informational. 2. Elevator Requirement in CC and C-1. Art Hougland and Clayton Meyring were directed to do research on elevators and have been working on it for two weeks. Houaland told Elevator Council they had gone to Denver and talked to Division of labor and employment and HEW. Requirements They did no5 come up with alot; there are some incline stairways and lifts, but they are designed for residential use. Small commercial elevators for $11,000 are just starting to be manufactured. Hougland told Council that they had also contacted handicapped people and organizations. Hougland pointed out that the City should no~ hold up adopting the 1976 Uniform Building Code any longer. Councilwoman Pedersen moved that because of the inconsistency in elevator demand, that the whole elevator question in the CC and C-1 district be dumped; seconded by Councilman Parry. Councilman De Gregorio reminded Council that the original direction was to find some way to get handicapped people in and ou~ of building, not necessarily by elevators. Council- woman Johnston said that if building are more than two floors, they have to have an elevator. All in favor, with the exception of Councilman De Gregorio. Motion carried. 3. Hunter Creek Water. Mahoney told Council that John Musick, City's water counsel, has asked for action on his case ~2744, opposition to Salvation Ditch Company. Mahoney submitted the stipulation agreement to Council, and asked for a resolution agreeing to Hunter Creek the stipulation agreement. Water and Salvation Councilman Behrendt moved that the City agree to the stipulation agreemen~ as submitted; Ditch seconded by Councilwoman Pedersen. Company Clyde Vagneur left a note with Mahoney opposing the agreemen~ on behalf of the Salvation Ditch Company. All in favor, motion carried. 4. Hunter Creek Exchange. Musick requested that the City trade the Salvation Ditch some of the water the City owns coming out of Hunter Creek in exchange for letting some water flow through the Roaring Fork. Mahoney s~ated this is a good program, and asked for a resolution to suppor~ ~his raw water exchange agreement. Councilman Parry moved ~o support this raw wa~er exchange; seconded by Councilman Wishart All in favor, motion carried. 5. Another Season Economy. City Manager ~ahoney told Council he had been approached by the Chamber of Commerce and other groups, the lodge owners, over their concern about Aspen's dependence on two seasons. June, September and October are good months for conference business. These groups recommended building up the economy to accommodate this June, Septem~ber and October possibility of business. Mahoney told Council this means looking into a conference censer and support facility. How it will be paid for will have to be examined; a real estate transfer tax was suggested. Mahoney told Council that a~ the last Chamber meeting he attended, the Chamber would take this question by themselves and develop it and come back to the City with a program. Mahoney explained this item was put on the aaenda because he thouqht Council might be asked to do something. At present, they are not. 6. Minibus. Mahoney told Council this question is starting to develop after sitting Minibus for one year. There is information in the packet on what the City paid for the minibuses~ how long they were used, and an opinion from a mechanic. Mahoney has to appear in Denver suit with the City's attorney to give depositions. The City is required to provide some information on this case. Mahoney told Council that the County ~s negotiating for a settlement. Mahoney said he would like a resolution from Council in support of the City's suit, but also allowing some flexibility ~o negotiate. City Attorney Nuttall stated she did not have a feel of what an acceptable offer would be right now. Mayor Standley directed Mahoney to contact each Councilmember individually to get a reading from them. Councilman De Gregorio moved to adjourn a~ 10:45 p.m.; seconded by Councilman Behrendt. All in favor, motion carried. Hauter, City Clerk Regular Meeting Aspen City Council March 28, 1977 Mayor Standley called the joint meeting to order at 5:25 p.m. with Councilmembers Behrendt i Johnston, Pedersen, Commissioners Child and Edwards, City ~4ana~er Mahoney and City Attorney Nuttall present. ~_~, 1. Community Facilities Board Budget Reu~est. ~ayor Standley announced that the City had CFB Budget recieved $17,300 from the State Historical Society for a planning grant for restoration