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HomeMy WebLinkAboutminutes.council.19760809Regular Meeting Aspen City Council August 9, 1976 Councilmember Behrendt, acting as Mayor Pro-tem, called the meeting to order at 5:09 PM, with Councilmembers Pederson, Johnston, DeGregorio, and Parrt present. Also pre- sent were City Attorney Stuller, City Manager Mahoney, and City Financial Director But- terbaugh, and City Engineer Dave Ellis. Councilmember Behrendt allowed that since the County Commissioners were not present yet, that Council could proceed with the regular meeting until they arrived. Councilmember DeGregorio move to approve the minutes from the July 26th meeting. Councilmember Peder- son seconded. All in favor, motion carried. Councilmember Pederson moved to approve the accounts payable. Councilmember Parry sec- onded. All in favor, motion carried. 2nd Reading--Ordinance 34 (Series of 1976) De Gregorio moved to read Ordinance 34, Series of 1976. Johnston seconded. The secre- tary read the following: 2nd Reading ORDINANCE NO. 34 (Series of 1976) AN ORDINANCE AMENDING SECTION 24-3.7 (d) OF THE ASPEN MUNICIPAL CODE (THE OPEN SPAC REQUIREMENTS OF THE ZONING CODE) PROHIBITING THE USE OF REQUIRED OPEN SPACE FOR COM- MERCIAL ACTIVITY(UNLESS AS AN ADJUNCT TO THE USE OF AN ABUTTING RIGHT-OF-WAY), BUT EXCEPTING FROM SUCH PROHIBITION THE USE OF OPEN SPACE FOR RESTAURANTS ON RECEIPT OF PRIOR APPROVAL BY THE CITY'S PI2kNNING COMMISSION i~ Behrendt moved to adopt Ordinance 34, Series of 1976. Johnston seconded. Roll call vote Councilmembers Johnston, DeGregorio, Behrendt, and Parry in favor; Councilmember Pedersor opposed. Ordinance 34, Series of 1976 approved. 2nd Reading--Ordinance 42 (series of 1976) nd Reading Councilmember DeGregorio moved to read Ordinance 42. Seconded by Councilmember Johnston.)rd~ 42, 1976 All in favor, motion carried. The secretary read the following: ORDINANCE NO. 42 (Series of 1976) AN ORDINANCE AMENDING SECTIONS 2-22(c) (1), 2-22(c) (2), 20-13(a), 24-8.10(a), 24-9.6 (a), 24-11.3 (c) (2) AND 24-11.5 (d) (2) SUCH THAT WHENEVER NOTICE MUST BE GIVEN LANDOWNERS IN HEARINGS ON REQUESTS FOR VARIANCES AND IN SUBDIVISION, PUD AND REZONIN£ PROCEEDINGS, THAT SUCH REQUIRED NOTICE MAY BE GIVEN TO OWNERS OF RESIDENTIAL MULTI- FAMILY CONDOMINIUM UNITS BY THE MAILING OF COPIES OF THE REQUISITE NOTICE TO THE AD- DRESS OF THE HOME OWNERS' ASSOCIATION RATHER THAN EACH OWNER INDIVIDUALLY Councilmember DeGregorio moved to adopt Ordinance 42. Johnston seconded. Roll call vote: All in favor. Ordinance 42, Series of 1976 approved. 1st Reading--Ordinance 44, Series of 1976--Amendin~ the Electric Rates. Councilmember Parry move to read Ordinance 44. Pederson seconded. The secretary read [st Reading the following: )rd. 44, 1976 ORDINANCE NO. 44 (Series of 1976) AN ORDINANCE AMENDING ORDINANCE NO. 30, SERIES OF 1976, SO AS TO ESTABLISH NEW ENERGY CHARGES FOR ELECTRICAL SERVICE WITHIN THE CITY; M ORE SPECIFICALLY, ESTABLIS! ING ENERGY CHARGES FOR COMMERCIAL, RESIDENTIAL AND ALL ELECTRIC USAGE OF $.0272 (PE} KWH), $.0247 (PER KWH) AND $.0172 (PER KWH), RESPECTIVELY Lois Butterbaugh referred to the memo in the packet that says there is an overall reduc- tion of .0023 in th~ rate, and it had been rounded at .0025. Finance suggested that the figures in the ordinance be corrected to read: Energy Charges (a) Commercial (per KWH) ................. $.0274 (b) Residnetial (per KWH) .................... $.0249 " (e) All-Electric (per KWH) .................... 0174 on the Butterbaugh explained that the previous rounding would have had a $6,000.00 effect annual interest. She felt it appropriate to pass that charge on to the users, rather hav- ing the City absorb itl Iohnston moved to adopt ordinance 44, Series of 1976, on first reading. Pederson seconded. Roll call vote: Ail members in favor. Motion carried. 1st Readin§ 1st Reading--Ordinance 45, Series of 1976--Insulation Code Councilmember Johnston moved to read the Ordinance. Coun~:ilmember Pederson seconded. Ord. 45, 1976 The secretary read the following: ORDINANCE NO. 45 (Series of 1976) AN ORDINANCE AMENDING SECTION 7-141 OF TEE ASPEN MUNICIPAL CODE BY THE ADDITION TO THE UNIFORM BUILDING CODE (1973 EDITION) OF CHAPTER 53 ENTITLED "ENERGY CON- SERVATION AND THERMAL INSULATION"; WHICH SAID AMENDMENT ESTABLISHES MINIMUM THER- MAL INSULATION STANDARDS FOR ALL OCCUPANCIES (EXCF~PT CERTAIN MOBILE HOMES AND ALL SINGLE FAMILY RESIDENCES) FOR STRUCTURES WITHIN THE CITY OF ASPEN, COLORADO. Councilmember Pederson moved to adopt the ordinance on first reading. Johnston seconded. Roll call vote: All in favor, motion carried. City Attorney Stuller set two study sessions. Council will meet with Chuck Dotson to discuss liquor licenses on Wednesday, August 18th, at 6:00 P.M. A study session will be held on September 13th, to discuss water rights. The meeting will be held at 4:00 P.M. Councilmember Johnston asked that the Regular Meeting of COuncil. scheduled for October llth be changed to October 4th due to the holiday. Everyone was in agreement with this change. Councilmember wishart entered the Council Chambers at 5:20 P.M. CITIZEN COMMENTS Citizen Comments Stuart Mace was present to dispute the merits of using strychnine poisoning to solve the rodent problem at the golf course. Mace quoted several sources who also were opposed to teh use of strychnine because it was dangerous to the people making the application, it has a history of secondary kill affent, and there is not enough available information on the long range effects of killing so many animals. Mace said he could find no justifJ for the killing of the rodent population, and was quite concerned about a possible backlash effect that the program might have on the county's environmemt. Roger Conner of Rocky Mt. National Park was consulted, and stands philosophically in the same place. Rodent Control Commissioner Edwards recommended that the rodent control program be moved to the City's tion of the meeting because the golf course is in the city, not county. It was pointed out however, that the golf course is also in the county. Sam Caudill was present to voice his opinion against the use of strychnine as a control mea- sure. He said that the use of strychnine would most likely affect his water supply by ~et- ting into the two water sources on Marroon Creek, near his property. Lynn Dunlop expressed her concern over the situation. She said she would hate to see the I problem become such that children and pets were endangered, and would like to see the roden' ' control situation dealt with as soon as possible. Tom Dunlop, City Environmemtal Health officer, referred to the memo given to Council which stated both sides of the situation. Dunlop said that with underground application, there would be few if any carcasses on the surface. This would take the danger of pets consuming the rodents a small possibility. He further stated that with proper application, there wOuld be little danger to nonrodent wildlife. Dunlop consulted with several authorities on the question of using strychnine, and concluded that with carefullly directed applicatio! and supervision of the project the danger to humans could be kept to an absolute minimum. , Councilmember Johnston moved to not adopt the proposed program, Pederson seconded. All wer~ in favor but Councilmember De Gregorio. Commissioners Kinsley and Shellman were also oppos~ The vote was tied, motiOn died. DeGregorio suggested that any action be tabled until the spring. He moved to.table any actl so it could be researched further. All in favor but Councilmember Pederson. Gibson Avenue Maintenance Gibson A~e- Jeff Davis was present to present the idea~of the county taking over the maintenance of Maintenance Gibson Avenue, It was suggested so that speed bumps could be put in. Davis is the sistant Pitkin COunty Engineer. Anne Richards, 860 Gibson, gave her commentS regarding the problem of speeding cars and other vehicles. She is concerned over the danger it imposes on children, pets and pedes- trians. Councilmember wishart moved to have the legal departmentS of both the city and county draw up the plans to trade the two blocks of 7th St. currently maintained by the county, for the maintenance of Gibson Avenue. Johnston seconded. Ail in favor, motion carried. George Ochs stated that the problem could be expedited by the installation of speed bumps. wishart amended his motion to include the installation of speed bumps and any other neces- sary safeguards. The possibility of using dips in the road rather than bu~ps was discussed by Richards and Councilmember Parry to facilitate snow plowing, wishart's emended motion was seconded by Councilmember Parry. It was suggested to wishart that his motion not ~ .~r__ AUgUSt 9, 1976 include the speed bump recommendation, but that it surrender the maintenance fo GibSon Aven [e and that the County take whatever recommendations the Planning Office has to make. All in favor, motion carried. Com~nissioner Shellman said that there was a possibility that auto traffic might be excluded from Gibson Avenue. There was general agreement on this subject. City/ County Bus Settlement Contract Shellman stated that the contract was satisfactory to him. Councilmember Behrendt had a suggestion that the City retain the right to review. Shellman said that in the joint inter Bus Settleme~t~ Contract est of the public to experiment with routes and service, and that to have to go through a review each time would be rather cumbersome, but the County will try to cooperate whenever it can. Behrendt said he would like to see an addendum to the contract. City Attorney Stuller said that an addendum could be made. Councilmember Behrendt also asked about the City's right to cancel, and said he saw no clau:e for that. Shellman said there was a 'catch-all clause' in the event that it was ever det- ermined that a referendum was necessary. Shellman said that the County would cooperate wit the City in providing services. It was brought up that the parking and curbs is an essen- tial matter for consideration, because if it ever happened that an accidnet occured because of picking up passengers between parked cars, there should be some agreement to police tra- fic. Shellman encouraged Council to approve the contract. Councilmember Parry made a motion to have the contract rewritten, seconded by Pederson. Ail in favor, motion carried. Shellman said that some major investments were being made so that the City could have the buses available, and that the purpose of the contract was to ascertain that the bus barns were under a specific contract. A-95 Reviews Carreer Model and Housing A-95 Reviews Betty Ericson said the grant application had been made, and could be reviewed in her office She said the grant seems to be appropriate, and recommended it be approved. Councilmember Johnston moved to approve, Wishart seconded. All in favor, motion carried. Court Management Assistance Program Johnston commented favorably. Kinsley moved to give favorable comment to the grant. Behre ~t seconded. All in favor, motion carried. Colorado Employment B~get and Plans 1977 Shellman said he thought further information should be obtained before approving. Shellman moved, Johnston seconded. All in favor, motion approved. UMTA Report Bill Kane said that UMTA has required a very clear deliniation of how citizen participation UMTA Report is to be implemented in UMTA studies. There is also a need to restate the community goals and objectives. Planning suggests a Statement of the goals of the community in a narrative format that is clear and expresses the true objectives of the Aspen community. Staff and consultants should then take that information and translate it into transportation issues. Those issues should then take those issues and translate them into units of measure, such as number of probable injuries, cost of replacement, noise, air quality, etc. That infor- mation should then be put together into a table whereby the alternatives could be studied along the lines of the issues generated. Kane suggested a 12-15 person Citizen's Advis- ory Board be established, appointed be the Commissioners and Council, ~9 ~%udy the pr~c~s~ and work with the consultants to get the project going.. Commissioner ~ne±±man commen~e~ ~£ ~t the caucus had created many bridges in communication an~ ought to be considered in the chos- ing of the citizens board. Possibly the chairman of the caucus could be named to the Citi- zen's Advisiory Board. Shellman moved, seconded by DeGregorio. Councilmember Behrendt sugges t~d that Bill Kane, Councilmember Johnston, and Commissioner Shellmen get a format of chos' ing members for the board together, and bring it back to Council for approval. Shellman asked that the project be referred to the three of them, and that they come back with the r~ commendations. Shellman movedthat a Citizen's Advisory Board be established, composed of members of special interest groups in the community, and that Kane, Shellman, and Johnst¢ report back to Council at the next meeting as to a method of chosing t~ese members. Secon- ded by Parry. All in favor, motion carried. Housing--Randall Update Brian Goodheim said htat a motion was need from City Council to allow the condemnation of portion of the Randall property that lies within city limits. The Randall project is low- Eousi~E__ Randal cost housing that would be aimed at employees. In terms of purchasing the Randall property Randall will sell the property for $160,000.000 if it is condemned. The reason for this is Update that Randall will get the tax benefit if the property is condemned, and the developer can ~ass on the lower price to the purchaser. Pederson asked what the price of the property ~ould be if it were not condemned. Goodheim said it would be approximately $225,000.00 if it were not condemned. Councilmember Wishart made the motion to condemn. DeGregorio secon. ded. Pederson asked if the City condemned, doesn't it have to be for a public purpose. City Attorney Stuller said that was correct. Johnston asked who would bear the cost of con. demnation. Goodheim said the COunty would. Shellman explained that what was happening iwas that the Commissioners and Goodheim were trying tho get an expression of willingness Ifrom the City to join in and condemn the property for public purposes, with the provision 'that the County Housing Authority will reimburse the City for any expenses incurred, and 'the County will become the owner of the property. Councilmember Behrendt asked why the plans did not include building down rather than higher Shellman replied thath the pDrcel that is going to be developed is not the section within ti City. Behrendt also asked what assurance the City had that the property will remain open a] will not be built on later. Shellman said there was no assurance at this point, that it is a function of the Planning process. Behrnedt further asked where the plat was, and the project called for building on the plateau. Goodheim said that the building would take place behind the knoll. Behrendt asked what the zoning was presently. Goodheim replied that the City portion is zoned RMF, R15 in the City, PUDi:~and AFl County. It is zoned for th~ equivalent of 24 two-bedroom units, but because of the transferability of density this may go up to 35 or 45 smaller units. Behrendt said he felt he was being asked to join with the COunty to condemn land of a citizen of the valley who has asked to be condemned in order to avoid paying taxes to another governmental body. This is in order that the County can buil~ more units than it has zoned the land for. He felt it was a wrong use of power. _~t~ng Shellman clarified that the problem seems to be that it is totally appropriate for the County to acquire land, andto develop zoning classification that will permit the County portion to be divided according to this zoning. What is also appropriate is to acquire ~[the lan~ in the city, knowing that the City has a say in how that development occurs by its own zoning. The City can either change the zoning to permit higher density, or szmply ad- just the whole development to develop the portion in the City to the current zoning. Pederson asked what would happen if the City did not condemn the property. Shellman replied that the County would go ahead with the project, but would appreciate having the concurrence of the City in the condemnation which would have the ultimate effect of reducing the price to the ultimate user. Pedrson asked if the city would have to state its objectives in the petition to condemn. City Attorney Stuller said that the City would have to do so, and the City would be bound by that statement. Johnston expressed a desire to know exactly what the property is going to be used for The commissioners said that it wasn't decided exactl, what use the land would have, other than the proposal of employee housing. Wishart moved to 3oin the count in condemning the Randall property, seconded by DeGregorio. Wishart, Johnston, and DeGregorio in favor, Pederson, Parry, and Behrendt opposed. Motion defeated. Parry moved to have a study session on the Randall property. The motion was not seconded. Housing Assistanc~ Housing Assistance Plan Plan' Goodheim said that it is time to get some feedback on the materials he sent out a few months ago, relating to taking definitive action uo develop low cost housing. Pederson asked how much another housing study is going to cost the taxpayers. Goodheim said that the Ran- dall project is self-supporting, and showed a diagram illustrating the strategy of having housing pay for itself. Behrendt commented that the City always suffers the impacts and absorbs the recurring costs in projects like these. Goodheim could not assure Pederson that there would not be an increase of property taxes if the county goes ahead with the hous. lng program. Pederson, however, changed her vote on the motion to 3oln with the county to condemn, on the basis that if there is a chance that the project could be done properly, with dignity, and honorably, she will support it. Pederson moved for a new motion. DeGreg- orio seconded. Councilmember Johnstonmover that the City join with the County in condemnation of the above mentioned properties for the purpose of public housing. DeGregorlo seconded. Roll call vote: Pederson, aye; Wishart, aye; Johnston, aye; DeGregorio, aye; Behrendt, no; Parry, no. Motion carried. I'' Dormitory Dormitory Housing Housing ! Goodheim said that some long range planning must be made to provide dorm housing for the MAA and other groups. Goodheim presented the plans for a four-bedroom unit (estimated cost is $8,000 per unit exclusive of land costs). Goodheim suggested this as an economically feas- ible answer to the problem of employee housing because the employer could purchase a unit and get a tax break. A task force of DeGregorlo, Wishart, Edgar Stern, and Brian Goodheim was formed to study the plans. They will gave a recommendation at a later date. Equal Rights Day Equal Rights Day Michael Kinsley asked that the City and County declare August 26th Equal Rights Day, upon ~equest by the NOW Chapter of Aspen, and the League of Women Voters. Behrendt moved, John- ~ton seconded. All in favor, motion carried. Food Co-op ~ommissioner Shellman asked if there Ks any interest in a food co-op an the rear of the Cour~- house. DeGregorio moved to have the City Attorney look into the zoning ramifications of thi~ . 4ishart seconded. All in favor, motion carried. Commissioner Kinsley moved to withdraw the funds allocated for a study to be conducted as to the feasibility of a farmers' market. Wis] ~rt seconded. All in favor, motion carried. Touchstone Closin ~ouchstone~ Closing Iean Jaffee announced that as of September 30, 1976, Touchstone Menta;1 Health Clinic will Dfficially close. She added that Open Door had been evaluated, and recommended keeping the 3pen Door open. It has a great function that should be kept going. Shellman moved to ex- .press the joint appreciationfor the work Touchstone has done for the community. DeGregorio seconded. All in favor, motion carried. Councilmember Behrendt closed the joint meeting. Phc Cormmissioners left the Council Chambers. ~here was a short recess. King Street King Street Closure Closure Bill Kane of the Planning Office said that the closure could be done attractively, and stood ~y his recommendations at the last Council meeting to close King Street. Behrendt read a .etter from Alan Hayashi, 980 King St., in full support of the closure os the street to thro~gh traffic. Tom Isaac said that from a safety standpoint, the street should be closed. Bill ~ ~mith, a resident on Park Avenue, disagreed with theclosure because it would force traffic i ~nto Park Ave. Mary Isaac stated that the traffic resulting from the closure would overflow. Dnto Gibson Avenue. A letter from Fire Chief Dick Miller stated his opposition to the clo- sure of King Street because of its inaccessability to fire-fighting equipment. Johnston move~ to close King Street upon the recommendation of the Planning Office, and install proper fireii fighting equipment access. Pederson asked that Johnstonadd to her motion the proper access for other emergency vehicles. DeGregorio seconded. Ail in favor but BehreRdt. Motion car- ried. Cit~ Attorney Hospital~PIF Aspen Valley Hospital Plant Investment Gift Fee The hospital was represented by J.D. Muller. He stated that the intent, as he understood it~: was to give the PIF to the hospital. On the basis of the resolution by the City to give t~!e money, the hospital did get its full tap fee from the Aspen Sanitation District. JohnSton asked the City Attorney to go over the PIF and what had been transacted. City Attorney Stil- ler said that the most recent estimate for the hospital's tap fee was $19,200.00. The moticn said that the City would give $15,000.00 for the 'PIF. Muller wanted to know if the gift was $15,000.00 or whatever the tap fee would be. Johnston salad she thought the hospital dis- trict should pay the additional $4,200.00. She asked if the hospital could pay the additiol al sum if the City didn't. Muller said it could be paid, but the money could be better spent n improvements to the hospital. Johnston moved to negate the Resolution, and simply pay $19,200.00 and let the hospital pay its own tap fee. Pederson seconded. Ail in favor but Behrendt. Motion carried. Citizen Participatidn Citizen Participa- Bob Starodoj presented a problem. In 1971, the City Council approved the Hoag Subdivision, i9n overlooking the fact that Lot 3 had no ~cess to a public right-of -way. The property block. ~=g Subdivision lng the access is owned by the BLM, and leased by the City. The Council and Starodoj used Right-of-way the map provided by Starodoj for reference. Steve Crowley, owner of Lot 3, wanted to put in a private road to a single faraily dwelling through the BLM property. Stuller said that the BLM could not issue a special use permit to Crowley, because they issue the permits onl' to non-profit organizations. Stuller said that she would have to request the BLM to amend ' the City's lease, and then request specific access routes to Lot 3. Johnston moved that th City Attorney do the necessary procedure to obtain access to the property. Pederson secon- ded, All in favor, motion carried. Heather Falk made a plea for relief from the traffic on Bleeker and Hallam Sts. Johnston sympathized with the problem, and referred it to P&Z. Bill Kane said there was only so Traffic much that could be done with stop signs, but that he will experiment with them in the West Bleeker and Hallam End Pederson pointed out that not muCh had been done to change the maps distributed by the Chamber and lodges to indicate the street closures. City Manager Mahoney Said that pez haps the pianters could be modified to allow east and west traffic flow and, But indicate by signs that the streets are not a throughfare. Mahoney said that hhe problem will be dled by the staff. ute Cemetary Ramona Markalunas asked for a $500.00 appropriation to repair the tombstones that were re- Ute Cemetary cently vandalized, clean out the weeds and repair and paint fences. The City is the owner and trUstee of the cenetary. Councilmember Johnston allowed that this was a reasonabe re- quest and moved to give the Historic Society $500.00 to assist them in the cleaning and repair of the cenetary. Wishart seconded. All in favor but Councilmember Pederson, who preferred to see some citizen participation in the repair work. Councilmember Comments Councilmember Behrendt pointed out that the flowering crab trees and other blooming trees Councilmember ' in the city have been suffering from 'fire bite' for the last few years, and requested Comments that City Manager Mahoney look into the problem and do something about it. Behrendt said that the telephone cables at the Open Door had been cut. Mahoney responded that the phone cables had been repaired, and the serivce should be restored. A request for encroachment by Alfred E. Voight, 111 W. Francis St., was discussed. His re- quest was for a six foot encroachment onto public property for the construction of a fence. CoUncilmember Parry moved to approve the encroachment, Johnston seconded, and withdrew the second. Motion dies. Johnston moved to table the issue, so a site inspection could be Parry seconded. 3 members in favor, 2 agianst. Motion passes. ~ecycling Program--Dacre Bush Bush proposed putting a recycling bin at the corner of Cemetary and Highway 82. He said ti Recycling Bin-- bins would be policed so that overflow could be watched, and that the bins would be aimed Dacre Bush at tourists~on their way into town, and at residents from that end of town. Pederson stat( that the location was not appropriate. Behrendt suggested that Bush get a recommendation from Bill Smith of the Parks Department for a better location. Council concurred. Weedum-Hyman--Randy Weedum Weedum asked how Council felt about exempting the area under dispute in the Weedum Hyman Weedum- Hyman Subdivision. He wanted to know if after all the public notices were done and P&Z theoreti ally approves the revised plat, if Council would approve the Subdivision. City Attorney Stuller said that Council could give no indication as to how it would vote until the for- mal hearing. Cooper Street Closure City Manager Mahoney said that the closure did not work from a traffic flow standpoint, an Cooper St. Closure the closure was unfair to the owners of the businesses on Cooper St. Mahoney said that with some modifications, i.e., signs indicationg that Cooper St. is not a thoroughfare, signs indicationg the Rio Grande Parking lot, it might work out. Mahoney also stated that the Rio Grande parking lot is getting cleaned up, and is becoming progressively fulle Councilmember Pederson moved to adjourn the meeting, seconded by Councilmember Johnston. All in favor, meeting adjourned at 8:47 PM. Margie~Wilso~, Deputy City Clerk