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HomeMy WebLinkAboutminutes.council.19770228 ..~ ...... ~ ~vu~lu~ February 28, 1977 Mayor Standley called the meeting to order at 5:05 p.m. with Councilmembers Behrendt, De Gregorio, Parry, Pedersen, Wishart, and City Manager Mahoney present. MINUTES Councilwoman Pedersen moved to approve the minutes of February 14, 1977; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Councilman De Gregorio pointed out ~hat for the last two weeks, taxis have been Taxis taking up a lot of parking places by the drug store at Cooper and Galena. Councilman De Gregorlo stated he would like to see the laws enforced better as far as ~his is concerned. 2. Councilman De Gregorio asked if Council would be interested in having a work, session on projects the Council indicated they would like to have seen done during their tenure. Some projects have not been done, and Councilman De Gregorio stated he would like to push them along. 3. Councilman De Gregorio stated that City buses are not stopping for pedestrians in Buses crosswalks, and asked~City~Manager Mahoney to enforce stopping at crosswalks, especially for City buses. Councilman De Gregorio said that the Highlands buses are stopping at ~he intersection of Maroon Creek and Highway 82, and this is getting very hazardous. Councilman De Gregorio asked Mahoney to talk to Highlands and not to have their buses stop there. 4. Councilman Behrendt told Council that ~he would like to add another member to the Community Facilities Board, a representative from Second Sunday. CFB Councilman Behrendt moved to put this item on the agenda; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Behrendt moved to nominate Wes Pouliout, Second Sunday, as a representative to the Community Facilities Board; seconded by Councilwoman Pedersen. All in favor, motion carried. 5. Councilman Parry mentioned that the Highland buses bring a lot of people downvalley, Highlands to the high school, etc. He stated he would n0t like to see the Highland buses stopping buses a~ Maroon Creek eliminated. City Manager Mahoney told Council he would talk to Highlands and make this work. 6. Councilman Parry stated he had had reports that the Shaw property on Lake Avenue will be sold and the four Victorians will be torn down. The purchaser plans to build Shaw four duplexes. Councilman Parry stated he would like to have a way to preserve the Property West end; it is a really n~ce place. Councilman Parry stated he would like to have in West an administrative delay to work toward historic preservation of the west end area. End - Planner Bill Kane told Council this.project was requesting subdivision exemption to Historic realignment the lot lines. The planning office has requested that each building be Preserva- individually designated historic before granting any exemptions. Kane told Council tion the planning office had been discussion with the HPC and P & Z, the extension of the historic district to the Original Aspen Townsite. Kane stated he felt this would require major changes ~n the reviewing procedures. Councilman Parry stated ~e felt the City is obligated to keep the area nice; the City has purchased s park on Lake Avenue. 7. Councilman Wishart told Council it was suggested to him that given the economy Parks - and weather, there may be food shortages. Councilman Wishart said he thought it might gardens i~ be a good idea for the parks department to find land to have truck gardens on and rent these to people for a nominal fee to cover watering, etc. Mahoney said he would have Parks Director Smith look into it. 8. Councilman Wishart stated he would like to reinstitute the luncheon meeting, which he felt expedited the night meetings. Councilman Behrendt suggested modifying to so that there was a lunch meeting only when Council had a long a~enda or ~a critical issue. Councilwoman Pedersen suggested a breakfast meeting, only when necessary. Council agreed. 9. Councilman Wishart said he would like to have to issue of raising Council salaries Council on the next Council agenda. Councilman Wishart said he felt that people in his income salaries bracket won't run for office unless they can get paid more. It is hard to hold down a fulltime job and be a councilmember. 10. Councilwoman Pedersen requested Jim Mollica be contacted and that the City ge~ an appraisal on the Shaw property triangle just purchased by the City. 11. Mayor Standley pointed out the problem of buses parking all weekend in the West Buses in End. Mayor Standley had gotten together with the police department, and Sergeant Horan west end contacted all the bus company managers. Horan instructed them to have the buses park in the Rio Grande property. STUDENT COMMENT There were none. Regular Meeting _ ARYA - Liquor License Hearing Mayor Standley reminded Council this issue had been continuted two weeks so that the Council could have the opportunity to talk to the state liquor inspector, Chuck Dotson. Arya Mayor Standley asked D~tson about having two liquor licenses~in one premise% with only 3-way one kitchen. Dotson told the Council as the local licensing authority, they could approv liquor an 1SE for the Aspen Inn Club, deleting the premises ~nowR?as the Arya, and approve the license application for a separate license for the Arya at the same time. Dotson said he would have to approve them at the same time. Before the Aspen Inn Club can operate, they have to have the capability of providing full meals. Councilman De Gregorio asked Dotson if he could be with the City Council when they go through the process of renewing all the licenses every year. Dotson answered that was his busiest time, but he would submit a report on any problems he has had with any of the licenses. These could be put aside and heard separately. Barry Edwards, representing the Aspen Inn Club, asked that a condition to the issuance of a license to the Arya requires that all purveyors have been paid. Nasser Sadeghi, owner of the Arya, stated that Dotson had gone over the bills, and there were two outstanding. Sadeghi also stated he would personally guarantee any bills. Councilwoman Pedersen moved to approve the 18E and the separate application of the Arya and that all creditors of the Arya be paid by the Arya before the issuance; the Council has found that the needs of the neighborhood and the desires of the inhabitants have not been met; the applicant has satisfied all the criteria; seconded by Councilman Parry. All in favor, motion carried. SPECIAL EVENT PERMIT - Aspen Community School Tony ,direc~r of the Community School explained to Councik this was an applica~ tion for a benefit concert to be held at the ice rink. The importance to raise money for Special the school was emphasized. Sandy Monroe told Council this had been in the planning stage: Event for months. The request for a concert at the ice rink went to P & Z right after someone Permit else had asked to have a series of concerts there was was rejected. The concert will Community have 1,500 sold seats and will feature Nitty Gritty Dirt Band, Starwood, and Liberty and School will be Sunday, March 6. Monroe stated they are counting on this to be their big fund raising event for the year. Monroe told Council they will be asking permission to string a banner across Main street. Monroe said he had talked to Furniss, Director of Trans- portation, about re-routing City buses. They are going to emphasize parking ~t the Rio Grande and use school buses for a shuttle. Monroe asked that the Mayor proclaim March 6th "Aspen Community School" Day. Monroe told Council the school had about 100 people working on this concert as security, parking, serving, etc. Mayor Standley read a letter of no preDudice stating this would be a one and only time concert and not establish a precedent. Councilman De Gregorio moved to approve both requests pursuant to acceptance of an adequate parking and movement plan to agree with the chief of police and also adequate police supervision; seconded by Councilwoman Pedersen. Culvert pointed out to Council that these type of events should be done right, that people get good seats, that they get what they pay for. Mayor Standley noted that all performances had to meet with the approval of the fire marshal. All in favor, motion carried. REQUEST FOR ENCROACHMENT - W. R. Walton City Engineer Ellis reminded Council he was requested that the sidewalk be increased in width. Mayor Standley answered that Walton had put the sidewalk in himself and it is Encroachment a nice brick one. Walton stated that his sidewalk was approximately the same width as Walton Jack Crandall's. As far as the fence is concerned, Walton would like something similar to what ~he Stollard house has, perhaps matching his cedar fence. Walton said he would like it 36 inches high. Councilman Behrendt moved to approve the encroachment with the usual three stipulations, indemnification for the City; seconded by Councilwoman Pedersen. All in favor, motion carried. SPECIAL EVENT PERMIT - Aspen Chamber of Commerce Geri Fox told Council that Tim Mooney had asked the Chamber for support for having a St. Patrick's day party in the mall area. Ms. Fox stated the Chamber thought this might Special be a good time to have a torchlight descent. They will serve beer in the mall, similar Event to Aspenfest. Tim Mooney explained to Council that the day will start with an Alpine Permit - race; from noon to 5 there will be various events in Wagner Park, including a tug of Chamber of war, cross country skiing, costumes. Commerce Councilman Behrendt moved to grant the special event permit for 3.2 beer; seconded by Councilwoman Pedersen. All in favor, motion carried. WEATHER MODIFICATION H. J. Stalf told Council there had to be a committee to act as an advisory board to weather modification. The committee may never function, but it is required by law. Weather Councilman Behrendt moved to appoint Michael Behrendt, Bob Child, Tom Blake and Jeri Fox Modification to the Committee; seconded by Councilman Parry. All in favor, motion carried. Stalf told Council that the top 6f Aspen Mountain now had 23 inches of snow. HjermStad feels that the type of storms we have had, the weather modification operation performed increased the snow fall by 25 per cent. Councilman Behrendt asked if there was any type of measuring going on. Stall answered that the state water conservation director had site scattered around this area and is measuring. Stalf stated that $1500 is needed to keep the program going. Money has been coming in to keep the program going until March 10. SUBDIVISION EXEMPTION - Jakobssen Subdivislor Hal Clark, planning office, told Council that the P & Z had recommended approval for a Exemption - subdivision exemption for this project; the planning office also recommends approval Jakobssen subject to payment of the park dedication fee and the six month leasing provision. Councilman Wishart moved to approve the subdivision exemption subjec't to City Manager Mahoney's approval of the park dedication fee; seconded by Councilman De Gregorio. Councilwoman Pedersen stated there was a slew of subdivision exemptions for condominiums and duplexes coming through. Councilwoman Pedersen said she did not know if this was in the best interests of the community, and requested data on the local hOusing market. Mayor Standley reminded Council they had requested this data from Brian Goodheim and had not received it. CouncilWoman Pedersen suggested slowing down on these exemptions until Council had received the data. All in favor, motion carried. Gideon Kaufman, representing Jakobssen, told Council that these units were purchased by local people. The units have been taken off the rental market', but there are local people living in them. SUBDIVISION EXEMPTION - Mill & Main Building Hal Clark told Council this is a request for condominiumization of an Ordinance #19 build- Subdivision ~ng. It has been approved by HPC; it was approved for condominiumization by the P & Z Exemption!- August 6, 1974. Planning office recommends approval of condominiumization sbuject to Mill & Main (1) payment of Park dedication fee of $5400, and (2) subdivision agreement be filed with the Clerk's office with a covenant and agreeing to join any improvement district on Mill street. The applicant, Roy Vroom, stated he had no~problems with these conditions. CounCilwoman Pedersen asked if the uses could be changed in this building after condo- minimization. Planner Kane answered that uses cannot be changed under Ordinance #19. The full balance of the uses allowed in the CC district would be permitted there. Councilman De Gregorio moved to approve subdivision exemption pursuant to the conditions mapped out by the planning office; seconded by Councilman Behrendt. All in favor, motion carried. Subdiviso~ ~.UBDIVISION EXEMPTION - Aspen Institute Exemption Institute Kane told Council that the Institute wants time to discuss the planning office recommenda- tions for this exemption. TEEN CENTER FUND DISBURSEMENT REQUEST Teen Center Charlie Guy and Mike Armstrong appeared to present this request, Guy thanked Council funds for all the things they have done for the teen center. The teen center is finally going well. Guy told Council they had done a survey to make a list of priority purchases for the teen center. Guy stated that 97 per cent of the people want a stereo. Guy told Council they had gone to the stereo shops in town, and they can buy a stereo for whole- sale. This wo~ld be an $1100 stereo for $800. The teen center has about $1000 from the game machines. Guy also told Council that the teen center also has enough money to get the Stereo insured. Councilman Behrendt moved to approve the request; seconded by Councilwoman Pedersen. Finance Director Butterbaugh pointed out to Council these monies are not coming in as revenues. Title for the stereo should stay with the Youth Center until suCh time as it is dissolved. Ms. Butterbaugh suggested that some written agreement with the City should be made that provides~at the termination of the Youth Center, the Stereo will revert to the City. Councilman Behrendt moved to add that condition to his motion; seconded by Councilwoman Pedersen. All in favor, motion carried. .RAMPS AND ELEVATORS Art Hougland submitted a memorandum to Council outlined five alternatives to the elevator Elevator problem. Alternative 2 is the closest to what Council recommended, deleting the elevator requirements requirements in buildings one Story above or below ground level. Hougland cautioned Council they could have some large public buildings that would fit into this category. Mayor Standley pointed out that Council is only talking about the CC and C-1 districts, which are mostly small lots. John Kelleher pointed out to Council that it is a serious problem for anyone in a wheel- chair to get anywhere; steps become a problem. Kelleher stated the first four alternative~i are unacceptable. It is not right to eliminate access to any building for a handicapped person. Kelleher suggested the elevator requirement be based on occupancy load or busines~ licenses. Councilman Behrendt moved to accept alternative 5 with an occupancy load of 20; seconded by Councilman Wishart. Regu~lar Meeting ~ ~ ........ Councilwoman Pedersen pointed out that the elevator requirement for small buildings or small business puts a tremendous burden on those~people. Councilwoman Pedersen stated the Council should try to find something that is fair and feasible. Councilman Behrendt withdrew his motion. Councilman Parry moved to accept alternat~ 2 to be drafted into an ordinance; seconded by Councilwoman Pedersen. Building Inspector Meyring stated he would rather see Council go with alternative 91. Councilman De Gregorio suggested writing into the ordinance that buildings must provide access for handicapped, and let them figure out how they want to do that. Kelleher suggested that Council discuss this with Bob Eliot. Councilwoman Pedersen recommended that the staff write the ordinance, and in the interim get the exact specificiations for ramps, stairs, space, slope, etc. Councilmembers Parry and Pedersen were asked to work with Hougland and Meyring to draft an ordinance to follow alternative ~2. ORDINANCE ~5, SERIES OF 1977 - Mountain Bell Contract Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 5 the public hearing. Mt. Bell Contract Councilman Parry moved to read Ordinance 95, Series of 1977; seconded by Councilman Wisha~ ~. All in favor, motion carried. ORDINANCE ~5 (Series of 1977) AN ORDINANCE RATIFYING A CERTAIN TERMINATION AGREEMENT BETWEEN THE CITY OF ASPEN AND MOUNTAIN BELL COMPANY PROVIDING FOR PBS SWITCHING EQUIPMENT FOR THREE YEARS IN THE SAME LOCATION AT A CONTRACT TERMINATION LIABILITY OF $5,400 (WHICH AMOUNT REDUCES 1/36 FOR EACH MONTH OF SERVICE), ALL AS MORE SPECIFICALLY PROVIDED HEREIN was ~a.d by the dity clerk. Councilwoman Pedersen moved to adopt Ordinance ~5, Series of 1977, on second reading; seconded by Councilman Parry. Roll Call vote; Councilmembers Pedersen, aye; Behrendt, aye; Parry, aye; De Gregorio, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~6, SERIES OF 1977 Disconnecting Midland/Park Ord. 6 Mayor Standley opened the public hearing, there were no comments. Mayor Standley Disconnecti~ closed the public hearing. Midland/ Park Councilman De Gregorio moved to read Ordinance ~6, Series of 1977; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE ~6 (Series of 1977) AN ORDINANCE DISCONNECTING A TRACT OF LAND CONSISTING OF APPROXIMATELY 1.2 ACRES OWNED BY PITKIN COUNTY AND ADJACENT TO THE CITY LIMITS, AND DISCONNECTING THE SAME PURSUANT TO THE PROVISIONS OF C.R.S% 1973, SECTION 31-12-501, AS AMENDED was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #6, Series of 1977, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye; Parry, aye; De Gregorio, aye; Parry, aye; Mayor Standley, aye. Motion carried. CITY ATTORNEY APPOINTMENT A decision will be reached later in the week. CITY MANAGER 1. Aspen One Property Trade. Mahoney told Council he had had the city engineer flag the boundaries of the property just prior to the snow storm. The ~lags have been covered Aspen One up. Mahoney requested a study session to do site planning. The land trade is very close Property Trade Council asked that the property be re-flagged and that a site inspection be scheduled at 4:00 p.m. before the nex~ regular Council meeting. 2. Ski Corporation - Snowmaking. Mayor Standley told Council this is just an update for information. Mayor Standley asked City's water attorney, John Musiok, to report. The Ski Corp is withdrawing snowmaking from Little Nell and just want to do it at Snowmaking Buttermilk. The Ski Corp wants to buy raw water on Maroon Creek. Mayor Standley stated Ski Corp he was more concerned about Little Nell; Buttermilk is not Aspen. Mayor Standley said he would write a.letter to the Ski Corp Board of Directors and try to frame out the reas¢ why this is in the best interests. H. J. Stalf gave Council copies of a press release from the Ski Corp outlinihg the argu- ments why they cannot justify snowmaking at Little Nell; it won't pay them. Stalf stated the Ski Corp does not want to pay PIFs, they ~ust want to get raw water and want to run a snowmaking machine at Buttermilk. Stalf reminded Council one of the biggest arguments has been the noise. The Council can grant a variance for noise, restricting the hours and times of the year this snowmaking machine can be run. John Musick told Council he had sat down with the attorney for the Ski Corp earlier in the winter and laid out what would be the ground rules that would be in the minimum acceptable to the Council. What was in agreement then with the attorneys had slid to something else. The Ski Corp wants raw water out of Maroon Creek, they don't want to pay a tap fee. Musick stated, from his vantage point as the water counselor for the City that snowmaking is one of the most important things the City can do this year. There Snowmaking are n~merous reasons for this; bank storage of snow for later runoff, attenuation of cont. runoff, use of the water rights during a period when the City would normally have low flow demands in the City. Musick stated he hated to see the Ski Corp sli~ from the position he had laid out. That position is the Ski Corp pay a raw water tap fee, a raw water rate, they pay a plant investment fee, which could be deferred at the recommendation and advise of Council; that the snowmaking would be for Buttermilk, but it would be a three mountain contract, which is also Snowmass; that the Ski Corp bring these other mountains into a snowmaking system as long as their experience on Buttermilk was successful. That the Ski Corp would bring in a water right of equal priority for the water right that they are using from the City, and that the water right in the summer would be used for irrigation of the same area that snowmaking occur during the winter time. Musick told Council this would work out pretty well at both Buttermilk and Little Nell; Musick had not looked beyond that to Snowmass. ~usick stated he would like to see the City continue to press for those conditions. Musick said he would like to see the initial contract be for Buttermilk with an extention to Little Nell and perhaps in the future, extending services into Brush Creek, which would go along with some of the service area considerations that Musick is making with the City's staff. For Buttermilk at the present time, Musick is recommending treated water, primarily because there is no raw water line in that area presently. Mugick stated he would recommend in the future a raw water line, which would be part of an extension of raw water services to that area which is in the interest of the City. Musick pointed out that the use of an open ditch is not very practical in this type climate. An open ditch might require the installation of culverting or piping in the dtich, which is not very productive and the water really won't flow. Musick told Council that for Aspen Mountain some of the open ditches in that area could be used, but he recommended using the wells. The City has one well there that gets very good production. The capability is there for enlarging the capacity of the well up to its full decree right; it is presently conditional to about half of its capacity. Musick recommended the City pursue a water right known as the Aspen ditch; it Ks a very senior water right dating back to the 1800's for 5 second feet. A large quantityz of water derives its supply from Spar Gulch and from the mines and the sprlngs an that area. Musick said he would like to see that source of water utilized for snowmaking. Two things would occur; The City would be making full, complete use of the water right where we have not been during the last couple of years; The City would be using t~e water right for snowmaking over the same recharge zone. The City would be putting water onto the slopes during the melting in the spring; it would recharge the area for subsequent use next winter. This is a very good system. Musick told Council that the proper contract should be drawn where the parties are negotiating towards the eventual development of a similar snowmking facility on Little Nell and that should the financial, as well as practical aspencts of the operation system on Buttermilk be mutual, both parties derive a good benefit, they would move towards developing a system on Little Nell. Musick told Council he had submitted all these recommendations in memo form to the Ski Corporation. Musick said he was not opposed to selling raw water, but does not believe it is financially wise for the City this year to install a raw water line for this forthcoming spring. Musick noted he had problems With letting the Ski Corp install a raw water line. If the City lets other people start putting their taps and their pipes into the stream, this creates problems for Jim Makralunas and his operation of the system a~ the Maroon Creek diversion dam. If the Ski Corp will put the raw water line in to the City's specs, and in the proper location so that the City can use it for the extension of utility services up to the Buttermilk area and around to the Brush Creek area, this would satisfy Musick, but all of the operation should be under Markalunas. Councilman Behrendt moved that City Manager Mahoney continue to negotiate with the Ski Corp using the tenets of Musick's memo as his negotiating format; seconded by Council- woman Pedersen. All in favor, motion carried. 3. Water bonds. Finance Director Butterbaugh told Council that larger cities have been using insured municipal bonds. This is when an insurance company will write a policy Water on bonds. These bonds market better. Ms. Butterbaugh stated that Kirchner/Moore is Bonds discussing with the City what premiums would be feasible. The City could save 1 per cent on interest rate, and these would cost 3/4 per cent more on premiums. City Manager Mahoney said he had a good feeling for bonding right-now. The City will get a source of funds for the $850,000 water two million gallon tank. This would be combining some of the pro3ects approved by Council. Mayor Standley asked for a break down of the expenditures for these projects. ORDINANCE ~8, SERIES OF 1977 Amending the Employee Retirement Councilwoman Pedersen moved to read Ordinance #8, S~ries of 1977; seconded by Councilman Ord. 8 De Gregorio. All in favor, motion carried. Employee Retirement 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 TRUST, ARTICLE VII OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERMITTING Regular Meeting Aspen City Council February 28, 1977 CITY CONTRIBUTION FOR EACH PARTICIPANT EMPLOYED BY THE CITY FOR MORE THAN TEN Y~RS AN AM©UNT EQUAL TO FIVE (5%) PER CENT; ELIMINATING THE REQUIREMENT THAT CONTRIBUTION CHANGE ELECTION BE ~DE BETWEEN DECEMBER 1 AND DECE~ER 15: AMENDING CALCULATION METHOD FOR ALLOCATING NET EARNING OR LOSSES OF THE 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 first reading; seconded by Councilman Parry. Roll call vote; Councilmembers De Gregorio, aye; Pedersen, aye; Wishart, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilwoman Pedersen moved to adjourn at 7:00 p.m.; seconded by Councilman De Gregorio. All in favor, motion carried. Kathry~ S. Hauter, City Clerk