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HomeMy WebLinkAboutminutes.council.19760322 Kathryn~. Hauter, City Clerk Regular Meetin~ .... Aspen ~ Council March 22, 1976 County Commissioner Edwards called the joint meeting together at 5:17 p.m. UMTA UPDATE George Ochs told the Commissioners and Council that he had received word from Washington that the application for the planning grant was in the final stage of review. The three UMTA report areas Ochs had received proposals for consulting work are auto disincentive, technical support, and project management. Ochs is assembling review teams to check out the adequacy of their proposals. The next step will be to go to the Conm/issioners for the selection of the firms to do the work. Ochs sai~ that Richard Procense of the State Highway Department had indicated his interest in this study grant. Ochs said he intended to keep him informed and to invite his parti- cipation. Ochs reminded the Commissioners and Council that the funding portion and alternative modes areas have already been selected. UMTA had mentioned that the light rail refinement study might be part of the alternative mode study. Ochs said these would all be third party contracts, and he would recommend that no work be started until all five consultants had been selected and were ready to work. Commissioners Edwards asked when the County might get the go ahead from U~T~. Ochs answered two months for the application to get an okay, select the consulting teams, and a final run through UMTA. TRAILS CONSTRU~TI0~~ PROGRAM John Stanford, City/County planning office, identified six trails in the construction ~ Trails program for 1976; four of these trails are within the City. Stanford illustrated these Construction proposed trails on a map; (1) Melton ranch to the Conoco station at Snowmass, (2) Rio Grande site to Silver King through the Holy Cross and Williams property, (3) Rio Grande site to Herron park, (4) Rio Grande over to Aspen street, this is anticipation of the development of a grocery store on the Trueman property, (5) Castle Creek bridge north to the Rio Grande t~ail along the Roaring Fork river and through the Institute property, (6]Maroon Creek bridge to the Airport. Mayor Standley suggested running a trail along Mill street which is a ~high vehicles and pedestrian area. Shellman said if they pulled the trail away from Mill street, people Mill st. would still walk along the street. Kinsley agreed and stated the trail or path has to sidewalk be convenient or people will not use it. Councilwoman Johnston asked about the joint agreement between the City and County regarding trails and parks. Commissioner Edwards said this should be resolved before the City and County go any farther. Edwards stated that the Pitkin County Parks Association wanted to have some input in this process. The Trails Caucus would also like to have some input. There has been a lot of interest in a trail along Cemetery Lane. Edwards said the County had not developed a program about plowing trails, but if the County develops a high density network, it would be appropriate to plow these trails rathe~ than leave them for skiing. Edwards pointed out that to develop some of these trails, the County would have to go through condemnation process. Up until now, the trails have been constructed in a piecemeal fashion. Edwards said the planning office should prepare a package to be circulated among the City Council and to be presented to the Trails Caucus. A-95 REVIEW - HEALTH SYSTEMS AGENCY Commissioner Shellman explained this program has been going on in COG for over a year. Health COG will become the agency to fund monies under the National Health Planning Act. Shellma~ systems said nobody knows much about the program. Shellman said the problem with this is one can agency COG never find the agencies when there ~s a consumer complaint. Shellman said it was his feeling it would be appropriate to give an affirmative comment and re-express the above reservation. Councilwoman Johnston pointed out that there would be consumers on the board as well as professionals. Council and Commissioners all felt that they would like more information on this program. Councilwoman Pedersen moved to check the box that requests more information and to set up a conference with the application; seconded by Councilwoman Johnston. Mayor Standley pointed out there was a memorandum from COG saying that they do not like this ~rant; their staff recommendation ~s for negative comment on this. Councilman Behrendt made a substitute motion for a negative comment; seconded by Council- woman Pedersen. Commissioner Edwards suggested that the City and County send a cover letter with the negative comment stating the problems of accountability and representation. All in favor of the substitute motion. Motion carried. WATER MAIN EASEMENT City Attorney Stuller told Council that the engineer wanted one clarification, to exclude lines less than six inches in diameter. City Attorney Stuller explained that when the water program is completed, the County is obligated to convey easements and equipment to Water main easement to the City. County Commissioner Shellman moved to authorize the Chairman to execute the agreement; seconded by Commissioner Kinsley. All in favor, motion carried. Mayor Standley moved that the City accept the agreement; seconded by Councilwoman Pederse] All in favor, motion carried. PUBLIC LAND ACQUISITION City/County Planner Bill Kane had submitted to Council and Commissioners a form to try to assess the preference of the Council and Commissioners for priorities of acquiring Priorities public land. Mayor Standley said this memorandum should be integrated with the trail proposal. Properties that have trail implications should be identified; properties that acquiring tie into the greenway system should be identified. Mayor Standley requested more infor- public land mation; this form should be reworked to define the categories and uses. ~ayor Standley said he had met with Dale Eubank and timing is of the essence on the Pride of Aspen property. Mayor Standley said he had a feel for the price range and the City and County need to make a decision within 24 hours. Councilman Behrendt moved not to discuss this publicly but to support the best option, and if necessary to hold a special meeting; seconded by Councilman Wishart. All in favor, motion carried. Commissioner Edwards asked planning office to give a brief description of the properties, their general thoughts on the land parcels as listed. Commissioner Edwards said the bus situation should be discussed fairly soon. The Trans- portation Department is having extensive problems with the minibuses. City Manager Mahoney said he would schedule a work session. Councilman Wishart asked to see all the options. Councilman Behrendt said he would like to see Mojo come up with a long range plan. Edwards said it was appropriate for Mojo to make a first cut at developing a long range acquisition plan. Mojo should have a conference with Mahoney and County Finance Director Don Rogers on the availability of funding. The Council and Commissioners should give this some priority and readjust their budgets to get this program off the ground. Edwards said this should be the first phase. Commissioner Shellman said the transportation department should address the 0perating budget for this year. This requires some priorities. The Commissioners have some basic service policy decisions to make; there are significant capital items such as housing and equipment that go with any bus fleet. Edwards said the long range proposal should include alternatives. Mojo should present these alternatives; purchasing new school buses, buses like the one looked at today, whatever new equipment might be available. Shellman said he wanted everyone to agree on an operating budget before Mojo puts any work into a presentation of alternatives, etc. City Finance Director Lois Butterbaugh said that she, Blomquist, and Don Rogers had the operating budget figures almost ready. They planned to go through and show to Council and Commissioners all the levels of service, how much they cost, and what can be accepted for what price. There will be a joint study session Monday, March 29, 1976, at 8:00 p.m. in the Council Chambers. COUNCIL MEETING Mayor Standley called the meeting to order at 6:24 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Pedersen, Wishart, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Pedersen moved to approve the minutes of March 8, 1976; seconded by Council- man Wishart. All in favor, motion carried. CITIZEN PARTICIPATION 1. Mike Hunter said that the people had followed the racing career and accomplishments Sabich of Spider Sabich both as a professional and an amateur. Sabich had given Aspen a lot of stature. Hunter suggested that the City name a park or spot in the mall after Sabich memorial as a kind of memorial gesture. COUNCILMEMBER COMmeNTS 1. Councilman Behrendt introduced Helen Bondsey, the elected representative to Council from the Country Day School. 2. Councilman Sehrendt said that the City is still dirty and he would like to see an Town dirty all out effort to clean it up. 3. Councilwoman Pedersen told Council that Linda McCausland would like to give a gift of crabapple trees for Glory Hole park to the City and asked how to do this technically. Gift of City Attorney Stuller told Council just to accept the gift, unless Ms. McCausland wants crabapple a tax write off. trees 4. Councilman Wishart told Planner Kane that Federal monies were available for bike paths. Bike paths This money is specifically for bicycle paths. City Manager Mahoney said he had this i~ information and would forward it to Kane. 5. Councilman De Gregorio said the traffic light at Cemetery Lane does not seem to be Cemetery lan~ solving any problems. At certain times of the day, it is impossible to get into the City. traffic, light Councilman De Gregorio said he would like to see the City make an effort to change this somehow. 6. Councilman De Gregorio said the City had taken away parking for residents in the mall, Permit park- and they have difficulty parking at night. Councilman De Gregorio said he would like to ing in see the City eliminate the 3 to 7 a.m. ticket unless the City is going to tow. central core Councilman De Gregorio moved to make a permit available of residents that wish to park in the downtown core area between the hours of 3 to 7 a.m.; seconded by Councilman Wishart. Councilman De Gregorio suggested that the City will not ticket cars that park in the 3 - 7 a.m. area provided they have a permit unless the City is going to tow. City Attorney Stuller pointed out that this would require a code change. Councilman Behrendt said he would like to hears from some of the departments in terms of their feeling on maintaining the streets, etc. Councilman De Gregorio moved to instruct City Attorney Stuller to draft the necessary code change to allow City Manager Mahoney to issue overnight parking permits in the downtown area to residents of the downtown; seconded by Councilman Wishart. Councilwoman Pede~sen suggested using Rubey Park for this purpose. Councilman Behrendt pointed out this is only good for overnight, not daytime. Councilmembers De Gregorio, Wishart and Mayor Standley for; Councilmembers Pedersen, Johnston, and Behrendt against. Motion NOT carried. 7. Councilwoman Johnston asked that City Attorney Stuller draft a no smoking in public buildings ordinance. Councilman Wishart said he felt this was a true infringement to No smoking people to say they cannot smoke. Councilman Wishart said he agreed philosophically, but in public that this is an area that government should not go. Councilwoman Johnston moved to ask City Attorney Stuller to draft an ordinance to prevent smoking in public buildings; seconded by Councilman De Gregorio. Councilmembers Johnston and Standley for; Councilmembers Pedersen, Wishart, Behrendt, De Gregorio against. Motion NOT carried. 8. Councilwoman Johnston said she was bothered by the sewer stench, which is disturbing to everyong. Councilwoman Johnston asked if the City could write to the Aspen Sanitation 'Sewer stench District to see if they can take corrective measures. Tom Dunlop, City Sanitarian, told Council he had inspected the plant with the State Health Department and representatives of the Aspen Sanitation District. There are two problem areas; one of them is extremely expensive to correct. Dunlop said there are no plans to correct this because the plant will be phased out. \ Councilman Behrendt asked if it would be appropriate to come up with a resolution to the sanitation district saying this is a critical problem. Councilwoman Johnston moved that the Council have such a statement drafted; seconded by Councilwoman Pedersen. All in favor. Motion carried. 9. Councilman Wishart was appointed to go to the COG meeting in Keystone on March 26. 10. Mayor Standley said that Finance Director Butterbaugh needed a finance committee meeting. This was set up for Monday, March 29 at 8:00 a.m. STUDENT COMMENT There were none. LAND USE REGULATION - Institute Property City Att~%'ney-Stuiler had~-s~bmitted a memorandum to Council outlining th~~ land~use~.regu- Aspen Insti- ~ations for the Institute property Mayor Standley reminded Council Ghat various groups tute land ' had been f~terested in purchasing the property an total or in part. DU is in there a~ a use level of involvement. Mayor Standley said Council lhad been working under a directive that they would work as a catalyst with the Institute to bring about".a solution to the land use problems out there. The City has almost assumed the role of a broker, which has gotten intense. There are two selling prices; private sector at 5.1 million dollars, and the public sec%or at 3.5 million dollars. The Council had decided in January that they were not interested in purchasing the property ...... ~ The planning office has worked out a program for effective land use at the Institute to maximize the open space and preserve the things the City is interested in, and also give reasonable use. Mayor Standley told Council the private sectors he had talked to had established value of the property at 3.5 million dollars by working out what they think the various pieces of the Institute are worth. The 5.1 million dollar figure is only if drastic considerations are made available to the buyer. The West Side Improvement District, Council, and P & Z have taken a strong stand against these as inappropriate land uses. For a private sector to purchase this property for 3.5 million dollars, the City would have to buy it and resell it. The Institute land ~s under SPA zoning. Fragmentation of the land continues to be attempted. The Council needs to make a decision of what they want to do at the Institute land, to formulate a posit~on on how to deal with the Institute land. Councilwoman Pedersen, Ms. Stuller, and City Manager Mahoney had attended a meeting with R. O. Anderson and Joseph Slater about the Institute on Sunday, March 21. Councilwoman Pedersen said the primary problem is Mr. Anderson's feeling that what is right and propel for the town is not necessarily right and proper in his sphere. Anderson feels that having to comply and understand the zoning, that he is being mistreated by the community at large. Anderson was confused as to the nature of SPA zoning. The feeling at the meeting was that it is now the Institute's ball, they have to go ahead with the arrange- ments made last fall with the City. The Institute's request for rezoning was denied by the P & Z. The Institute plans to resubmit the master plan which was denied. Council- woman Pedersen said she felt the City made good progress at this meeting as far as the community understanding of the problem, but not necessarily the Institute's comprehensio~ of the problem. City Attorney Stuller told Council she had received a proposal from the Institute today. The two elements of concern are; the substance of any plan and the use of the area, and the approach taken to develop. Consistently the City has taken the position that the Institute Institute gives the City one last opportunity to require master planning of a large proposal piece of land. Slater called Ms. Stuller and said perhaps the City might give "sympathe-ic consideration" to this particular proposal. Slater suggested if the City agreed to the five basic development aspects of the tract, the Insititute would then submit a detailed master plan. Slater asked for "sympathetic consideration'~ of this use of the entire 120 acres; (1) acknowledge that the race track and east subdivision accept density comparable to R-15, at least 60 homesites, (2) Slater would admit to the designation of 30 acres of the site as conservation, and agree to low density of that area, (3) Slater would like the academic core to be acknowledged substantially as it is now; however, the Institute may need an administration building and a library (4) Slater said the Meadows should be enlarged to constitute "a major international complex for conference use" with enlargement of the restaurant, the health center, the tennis courts plus an additional 300 bedrooms. DU and the Institute would take primary use of that facility. Ms. Stuller said it is aw~ard for the City to consider this in advance of a formal presentation; this comes very close to being contract zoning. Councilman Wishart moved that this proposal is inappropriate, the timing is wrong, and the Council deny this proposal; seconded by Councilwoman Pedersen. All in favor with the exception of Councilman Behrendt. Motion carried. Mayor Standley said that the City should take an affirmative position stand to direct the Institute or the City to do something. The City has treated the Institute separatel and differently in terms of trying to negotiate a sale for them. Mayor Standley said there are two problems; (1) the SPA and (2) a gift to the University, which requires subdivision of the land. Councilwoman Pedersen moved that the Institute proceed under their allowed zoning, which is SPA designation, to work on and when finished submit a master plan for the entire acreage to the City, both to the P & Z and Council, which under SPA designation has to be approved by the P & Z and Council; seconded by Councilwoman Johnston. Planner Kane had outlined what the position of the planning staff is regarding the Institute, and subdivision for the DU. Kane said there are seven major points, which, as advise, constitutes the planning office position. "With an impending request for conveyance Of the 30 acre "academic core" of the Institute land to Denver University the time seems appropriate to once again state the Planning office Planning Office's recommendation regarding the entire site. recommendation on Institute 1. We feel that the Specially Planned Area (SPA) requirement for the entire site 120 acres is justified and necessary in light of the unique site charac- teristics described in the Planning and Zoning memo of 11/12/75. 2. The D.U. subdivision request highlights the need for a comprehensive site development plan in that such a conveyance will separate the operation of the program and accommodation elements of the plan. In short the concern has always been that independent development of the Meadows area would lead to excessive number of beds that would appeal to skier tourists rather than provide housing needed to support the program elements. On the other hand, should programs be expanded beyond the housing capability of the Meadows, inevitable costs will be forced on the community in the form of transportation cost and competition for inflationary pressures on the housing supply. Should Denver University pursue extensive undergraduate programs, transportation and housing requirements will be hard if not impossible to meet to say nothing of the exacerbation of the skiing season pass problem. 3. We sympathize with the Institute's stated problem of excessive operation cost and certainly understand their interest in attracting a partner to share in such costs. However, we will advise Planning and Zoning and Council that under no circumstances should the D.U. gift provide an escape from the overall SPA requirement. Off hand, I would say that we should support the subdivision only if a legal means can be devised to totally subordinate D.U.'s planning and building rights to ] the overall Institute SPA (120 acres). 4. It is an overall site planning goal to preserve the functional open space in the interior of the site and transfer allowable single family homesites to suitable lands at the periphery of the site. Such a transfer would not be possible without overall site plan. The riding ring, and surrounding area has been repeatedly recommended for open space preservation. 5. It may Me in the interests of the City to accept a straight land dedi- Institute cation in the event of subdivision. Such lands would be valuable for cont. trail dedication and flood plain protection purposes. A comprehensive development plan would allow the City to relate all potential dedications as a whole. 6. The automobile impact on the neighborhood and concommitant requirements for city street development can not be adequately evaluated on the piece- meal basis that the Institute envisions. 7. Should the subdivision of 30 acres of the site be approved with the above mentioned conditions no considerations should be given to an additional fragmental conveyance of the Meadows property alone. The Institute seems resolute in its avoidance of the SPA process. Various excuses for non- compliance have been offered but the central reason suggested to date is cost. The high cost for preparation of adequate plans has never been admitted as a basis for excluding provisions of the subdivision ordinance in the past and we feel that it should not be one now. Our Planning Commission and City Attorney have worked on this tedious problem with the planning staff, Mr. Milhan of the Institute and their legal counsel. The Institute was advised and agreed through the consent of Mr. Milhan and Mr. Levin that Ordinance #71, 1975 (new three step PUD ordinance) would provide clear guidelines for the preparations of plans necessary to fulfill the SPA requirements through this plan, assurances could be given in three steps to allow a hierarchy of investment and specific detail. This agreemen~ prevailed after two lengthy public heargins and innumerable work sessaons with the Planning and Zoning Commission. To date, the Institute has responded with several schemes to subdivide and further fragment the property in a fashion that is totally anconslstent with the spirit and intent of the SPA requirement. For these reasons and those planning concepts delineated in the Planning and Zoning Commission Resolution of 11/18/75 the staff will doggedly adhere to the SPA requirement for the entire 120 acre parcel of the Institute lands and advise all prospective developers of the same. This will be our position unless otherwise directed by the City Council." Councilwoman Pedersen moved to include the position paper in the motion; seconded by Councilwoman Johnston. All in favor, motion carried. Mayor Standley directed City Manager Mahoney to send a copy of the position paper to DU. COLUMBINE CONDOMINIUMS - Final Subdivision Approval Columbine Hal Clark, planning office, told Council this was the final subdivision plat for the Conds. Columbine Condominiums, consasting of five one-bedroom units, located across from the final Larkspur condomiums. The property is zoned R/MF which basically allows 1200 square feet approval per unit; this project complies with the zonang. The subdivision improvement agreement has been prepared. City engineer reviewed the plat and recommends approval. The City Manager has reviewed the public use dedication fee and it is agreeable both to the City Manager and the applicant. At preliminary plat stage, the Council asked that the possibility of the "door game" be checke'd. Clark explained that there are no specifica requirements for the building plans to be prepared at this stage. Clark said there as no guarantee, at present, that these will be one bedroom units. However, the building inspector will check the plans for compliance with building code, zoning code, and the finally approved subdivision plat. That as where the "door game" check will come an. The planning office recommends final approval. Dick Meeker, the applicant, told Council there is no market prace on these units; they will be rental units. Councilwoman Johnston said her concern is that another subdivision is going through without any employee housing provisions. Councilman Behrendt moved to approve final subdivision for Columbine; seconded by Council- woman Pedersen. Councilman De Gregorio asked about undergrounding the electricity and cable lines. Councilwoman Johnston said that the City should ask in the agreemen~ for an easement for the transformer in the event of undergrounding. Clark pointed out there was a utility easement at the back of the building. City Attorney Stuller pointed out one of the elements an the agreement is that the applicant will join in any improvement district. Meeker said he would have no problem providing conduit from the building to the alley. Councilman Behrendt amended his motion for approval subject to inclusion of undergrounding in the subdivision amprovemen~ agreement; Councilwoman Pedersen seconded the amendment. All in favor, motion carried. ORDINANCE #7, ~IE~0~' ~76 - Consumer Protection 0rd.7,1976 Mayor Standley opened the public hearing. Geri Fox, Chamber of Commerce, told the Council Consumer that she had come to the conclusion that the Chamber would continue to act as the Better protection Business Bureau. This means that the Sheriff's office, Aspen Police, City and County attorneys and D.A.s would refer people to the Chamber for screening of their complaints. Ms. Fox said she felt this would simplify things, and anything she could not handle she would sent to the District Attorney's office. Ms. Fox said the ordinance was vague and that there was not sufficient criteria to define what unfair business practices are. Ms. Fox said she did not feel this ordinance would be enforceable. Ms. Fox said she would like to see these ideas formulated into something that would help the Chamber do a better job as Better Business Bureau. Ms. Fox said She would like to see the State law changed so that Municipal Courts could handle business complaints more quickly. City Attorney Stuller stated that shbsection (4) refers to a cross section that lists six areas. These are part of the business licensing review. Ms. Stuller pointed oUt enforcing criminally specific complaints is not in the City's purview. The City only comes into the process when a series of filed. Ms. Stuller said the code now establishes the bad business practices are Finance Committee as a revieWing agency. There is a real problem with enforcement; consumer problems stand between civil and criminal. Ms. Stuller said the City's involvement in the consumer protection is just a small element in the process. Mayor Standley closed the public hearing. Councilman Wishart moved to read Ordinance ~7, Series of 1976, seconded by Councilwoman Pedersen. All in favor, motion carried, ORDINANCE ~7 (Series of 1976) AN ORDINANCE AMENDING SECTIONS 12-36 AND 12-11 OF THE ASPEN MUNICIPAL CODE SUCH AS TO REQUIRE BUSINESS LICENSEES TO REFRAIN FROM ENGAGING IN UNFAIR TRADE PRACTICES; AND FURTHER PROVIDING THAT IN THE EVENT THERE IS CAUSE TO BELIEVE THAT CITY LICENSES SHALL NOT ISSUE OR BE REVOKED, THAT THE FINANCE COMMITTEE MAKE SUCH DETERMINATION ONLY AFTER CONDUCTING AN APPROPRIATE HEARING ON THE MATTER was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~7~ Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #9, SERIES QF 1976 - Increasing Dog Fines Mayor Standley opened the public hearing. Bill Grikis, Animal Warden, told Council that the section on notifying owners was fine, but they had only been notifying owners 0rd.9,1976 once a week. Mayor Standley said he felt once a week was fine. If someone has not Dog fines contacted the pound about their dog after 20 days, they must not be very concerned. Mayor Standley closed the public hearing. Councilman Wishart moved to read Ordinance 99, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~9 (Series of 1976) AN ORDINANCE MAKING A SERIES OF AMENDMENTS TO THE PROVISIONS OF THE ASPEN MUNICIPAL CODE CONCERNING THE LICENSING AND IMPOUNDING OF DOGS~ AMENDING SECTIONS 5-28 AND 5-31 TO INCREASE FROM $1.50 TO $2.00 THE CHARGE FOR ISSUING OR TRANSFERRING A DOG TAG; AMENDING SECTION 5-45 TO INCREASE FROM $4.00 TO $5.00 THE CHARGE FOR IMPOUNDING DOGS, AND, IN THE SAME SECTION, INCREASING FROM $4.00 TO $5.00 PER DAY THE CHARGE FOR MAINTAINING IMPOUNDED DOGS; AND FURTHER AMENDING SECTION 5,45 TO REQUIRE THAT OWNERS OP LICENSED DOGS BE NOTIFIED BY MAIL OF THE IMPOUNDMENT OF THEIR DOGS; AMENDING SECTION 5-68(c) SO AS TO ESTABLISH A NEW PENALTY ASSESSMENT FOR FAILURE TO DISPLAY TAGS OF $5.00 AND INCREASING THE PENALTY ASSESSMENT FOR FAILURE TO HAVE RABIES VACCINATION FROM $10.00 to $15.00 was read by the city clerk. Councilman Behrendt moved to adopt Ordinance 99, Series of 1976, en second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Johnston, aye; De Gregorio, aye; Behrendt, aye; wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~12, SERIES OF 1976 - Swimming Pools covered Mayor Standley opened the public hearing. 0rd.12,1976 Paul Anderson, owner of Aspen Pool Service, told Council he had done much in the field Swimming pools of energy conservation and did not feel this ordinance was needed. Putting a cover on covered a pool can save up to 75 per cent of a heating bill for a pool. If the City adopts this ordinance, there will be a problem of enforcement. Anderson said if the City did adopt the ordinance, they should look at the terminology of "insulated". Anderson stated this was too general. A Woman stated she objected to this ordinance because it gave one man, the superintend- ent of the electric department, too much power by being able to terminate someone's power for wasteful use. City Attorney Stuller stated that the City would continue to send out a certified letter, indicating termination, their right of review and reason for the shut off. These are the due process procedures the City applies to any utility. The person has ten days to comply or there will be termination. If the person appeals, the utility service will be continued. Hans Gramiger told Council that over the years more and more swimming pools had been covered, to preserve heat and to keep the dust out. Gramiger stated that private enterprise is capable of watching their own pocketbooks. Gramiger said he felt to put this ordinance on the books would create harrassment for lodge '~ners. Barbara Fasching submitted a petition with the signatures of lodge owners who are against this ordinance. Ms. Fasching stated almost 80 per cent of the lodge owners with swimming pools signed this. Ms. Fasching said she had made a study of the natural gas supply. Rocky Mountain said this area has an adequate continuing supply of gas, and that there is Swimming no means of transporting this gas to other areas. .pools to be ~covered - Ms. Fasching said the lodge owners feel they will cover their pools voluntarily for cont. economic reasons. There are many guests who never go in the pools, but they enjoy looking at a pool. Ms. Fasching requested that the Council not impose this unneeded, Gestapo ordinance. The lodge owners know how to run their business. If they are willing to pay the gas bills, then the guests should have the pleasure of looking at the pool. City Manager Mahoney told Council that in the fall of 1974 he and the Urban Economist sat with the PUC in the County Courthouse. Mahoney was told that the gas shortage was very critical. In the fall of 1975, Mahoney asked if there was sufficisnt gas to get through the year. The PUC had to impose interim service on large industrial services. An engineering service presented evidence to the PUC that indicates in 1977-78-79, this valley will have a gas shortage. City Attorney Stuller said the PUC had revoked an earlier order prohibiting aesthetic natural gas devices, and has reinforced this ~ another form. This will be effective the end of March. City Attorney Stuller stated that any violation in the Municipal Code is subject to as much as $300 and/or 90 days in jail. This fine is at the discretion of the judge and the degree of guilt comes into play here. The "intense use" Ks a matter of interpretation, which will be within the purview of the Municipal Judge. Ms. Stuller reiterated that termination of service is subject to the ~ight of review and appeal, and gives all utility users the opportunity to contest it. Paul Anderson told Council that he had found that with his type of pool covers, the reduction figure on heating is around 75 per cent. In addition, there are benefits of water not evaporating, and preserving the life of the chemicals. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~12, Series of 1976; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #12 (Series of 1976) \ AN ORDINANCE AMENDING THE ASPEN CRIMINAL CODE BY THE ADDITION OF SECTION 13-74 THERETO REQUIRING THAT ALL OUTDOOR RECREATIONAL HEATED SWIMMING AND THERAPY POOLS BE COVERED WITH INSULATED 'COWERS BETWEEN THE MONTHS OF OCTOBER AND MAY EXCEPT DURING THE HOURS OF 3:00 p.m. and 9%00 p.m. DAILY AND DURING TIMES OF ACTUAL INTENSE USE; DECLARING THAT A CONVICTION FOR VIOLATION SUCH SECTION WILL SUBJECT THE VIOLATOR TO A FINE NOT EXCEEDING THREE HUNDRED ($300.00) DOLLARS OR NINETY (90) DAYS IMRPISONMENT, OR BOTH SUCH FINE AND IMPRISONEMENT; FURTHER AMENDING THE MUNICIPAL CODE BY THE ADDITION OF SECTION 23-24 WHICH AUTHORIZES THE SUPERINTENDENT OF THE ELECTRIC DEPARTMENT TO TERMINATE ELECTRIC SERVICE TO CUSTOMERS WHO HEAT SUCH POOLS WITH ELECTRIC POWER AND FAIL TO ABIDE BY THE PROHIBITIONS OF SECTION 13-74 was read by the city clerk. Councilman Wishart moved to amend the ordinance to read "between the hours of 3:00 p.m. and 11:00 p.m.; seconded by Councilwoman Pedersen. Councilwoman Pedersen moved to adopt Ordinance #12, Series of 1976, on second reading as amended; seconded by Councilman Wishart. Roll call vote; Councilmembers De Gregor~o, aye; Behrendt, aye; Wishart, aye; Pedersen, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Councilman Behrendt left the Council Chambers. ORDINANCE #13~,_ SERIES. Ow 1976 - Subdivision Dedication ~equirements Ord.13, 1976 Subdivision Mayor Standley opened the public hearing. Dedication requirements Jon Seigle objected to Section 7-143(a) (1), the commercial development, a cash payment of six per cent of the current market value of land proposed as the development site. Seigle said the ordinance does not specify talking about the physical site; some attention should be given to the definition of "development site". City Attorney Stuller answered the development site is defined by the applicant with the subdivision plat; it is defined by the applicant on his survey on the plat. Seigle stated the rationale of the ordinance is to make the developer bear some of the burden that new members of the community will cause. It does not make any sense to burden someone who is going to put up a commercial building because he is not causing any influx of new members into the community. Seigle said this is basically a revenue measure; the Municipal Charter says any tax has to be approved by a majority of the vo~ers. Brooke Petersen told Council he had no objection to the philosophy of the ordinance, but rather to the method of extracting payment from the developer. Petersen said he would like to see the dedication payment be amortized over a certain period with those provisions~ in the ordinance. Hans Gramiger said that a developer pays his share to the municipality through real estate taxes, through plant investment fees in water, sanitation, etc. Gramiger said if the city is after generating revenue, then call it a tax and let the citizens vote. Councilman De Gregorio closed the public hearing. Councilman Wishart moved to read Ordinance ~13, Series of 1976; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~13 CSeries of 1976) AN ORDINANCE IMPOSING A PARK DEDICATION FEE ON ALL NEW RESIDENTIAL AND COMMERCIAL DEVELOPMENT WITHIN THE CITY OF ASPEN; WHICH FEE SHALL, IN THE CASE OF COMMERCIAL DEVELOPMENT, EQUAL THE VALUE OF SIX (6%) PER CENT OF THE LAND PROPOSED AS THE DEVELOPMENT SITE; AND IN THE CASE OF RESIDENTIAL DEVELOPMENT BE CALCULATED ACCORDING TO THE NUMBER OF ANTICIPATED RESIDENTS; PROVIDING THAT LAND SHALL BE VALUED IN ITS UNDEVELOPED STATE AND BE APPRAISED BY A QUALIFIED APPRAISER IF THE CITY AND DEVELOPER CANNOT AGREE ON VALUE: EARMARKING CASH PROCEEDS FOR ACQUISITION OF PARK AND RECREATION LANDS AND THEIR IMPROVEMENT; WAIVING IMPOSITION OF THE FEE IF A SIMILAR DEDICATION HAS BEEN MADE AT THE TIME OF THE SUBDIVISION OF THE DEVELOPMENT SITE; REPEALING AND REENACTING SECTION 20-18 OF THE ASPEN MUNICIPAL CODE (a) DELETING THE EXEMPTION TO THE SUBDIVISION DEDICATION REQUIREMENTS EARLIER GIVEN TO DUPLEX, TRIPLEX AND FOURPLEX DEVELOPMENTS, AND (b) PROVIDING FOR APPRAISAL OF IMPROVED SITES ACCORDING TO THEIR HIGHEST AND BEST USES INCLUDING USE OF NONCONFORMING STRUCTURES was read by the city clerk Councilwoman Johnston asked about the promissory note or payments over a period of time. City Attorney Stuller said she would rather have that addressed on an administrative level. Councilwoman Pedersen moved to adopt Ordinance $13, Series of 1976, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye; motion carried. ORDINANCE ~14, SERIES. OF .1.976 - Amending Criminal Code Mayor Standley opened the public hearing, There were no comments. Mayor Standley close [0rd.14,1976 the public hearing, amending criminal code Councilwoman Johnston moved to read Ordinance $14, Series of 1976; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE ~14 (Series of 1976) AN ORDINANCE AMENDING THE ASPEN CRIMINAL CODE BY THE ADDITION OF SECTION 13-10 THERETO; ESTABLISHING THE CRIME OF CRIMINAL ATTEMPT WHICH OCCURS WHEN A DEFENDANT INTENTIONALLY ENGAGES IN CONDUCT CONSTITUTING A SUBSTANTIAL STEP TOWARD COMMISSION OF AN OFFENSE; DEFINIG WHAT CONSTITUTES A "SUBSTANTIAL STEP"; DECLARING THAT FACTUAL OR LEGAL IMPOSSIBILITY SHALL NOT CONSTITUTE AN AFFIRMATIVE DEFENSE; MAKING A CRIME THE ATTEMPT TO ACT AS AN ACCESSORY BEFORE THE FACT; DECLARING ABANDONMENT OF EFFORT TO COMMIT THE CRIME AN AFFIRMATIVE DEFENSE; AND PROVIDING THAT VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS OR IMPRISONMENT NOT TO EXCEED NINETY (90) DAYS, OR BOTH SUCH FINE AND IMPRISONMENT was read by the city clerk. Councilwoman Pedersen moved to adopt O~dinance ~14, Series of 1976~ on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Johnston, aye; De Gregorio, aye; Mayor Standley, aye; Motion carried. ORDINANCE ~15, SERIES OF 1976 - Juvenile Jurisdiction in Municipal Court Mayor Standley opened the public hearing. There were no comments. Mayor Standley 0rd.15,1976 closed the public hearing. Juvenile Jurisdiction Councilwomam Pedersen moved to read Ordinance $15, Series of 1976; seconded by Council- in Municipal woman Johnston. All in favor, motion carried. Court ORDINANCE $15 (Series of 1976) AN ORDINANCE AMENDING SECTION 1-8 OF THE ASPEN MUNICIPAL CODE CONTAINING THE GENERAL PENALTY PROVISION OF THE CODE WHICH AMENDMENT PROVIDES THAT THE CITY MUNICIPAL COURT, WHEN TRYING JUVENILE OFFENDERS, IS PRECLUDED FROM IMPOSING A JAIL SENTENCE IN THE EVENT OF CONVICTION was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance $15, Series of 1976, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~6, SERIE~ 9~_ 1976 - Appropriations for ~i~ai~.cOnstructi~h~ Mayor Standley opened the public hearing. There were no comments. Mayor Standley clos~ the public hearing. Councilman De Gregorio moved to read Ordinance ~16, Series of 1976; seconded by Council- w~man Johnston. All in favor, motion carried. ORDINANCE ~t6 (Series of 1976) AN ORDINANCE ESTABLISHING A MALL CONSTRUCTION FUND AND TRANSFERRING TO AND APPROPRIATING FROM SUCH FUND THE AMOUNT OF SIX HUNDRED THOUSAND (¢600,000) DOLLARS FROM THE SEVENTH PENNY SALES TAX BOND PROCEEDS was read by the city clerk. Regular Meeting Aspen City Council March 22, 1976 Councilwoman Pedersen moved to adopt Ordinance #16, Series of 1976, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Johnston, aye; Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. ORDINANCE 917, SERIES 02. ~76 - Appropriations for electric undergrounding Ord.17,1976 Mayor Standley opened the public hearing. There were no comments. Mayor Standley Appropria- closed the public hearing. tions electric Councilwoman Johnston moved to read. Ordinance #17, Series of 1976; seconded by Council- underground- woman Pedersen. All in favor, motion carried. ing ORDINANCE #17 (Series of 1976) AN ORDINANCE APPROPRIATING SEVEN !~HUNDRED THOUSAND ($700,000) DOLLARS FROM ELECTRICAL REVENUE BOND PROCEEDS FOR UNDERGRAOUNDING OF THE CITY'S OVERHEAD ELECTRICAL FACILITIES was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance 917, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Johnston, aye; Pedersen, aye; Wishart, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. ~ALL PRUGRHSS REPORT - City Manager Mall City Manager Mahoney told Council he had established a process whereby decisions that Progress are made for construction are considered by a Committee consisting of Lois Butterbaugh, Bill Kane, Dave Ellis, Robin Molny, Tony Coleman and himself. Mahoney told Council he had received clarification of the submittal of the bid by Hyder construction. Mahoney said he felt that they will be selected for the City's management contractor. City Manager Mahoney told Council the bricks selected for the mall had been tested by an engineer who put them in water, froze them, and heated them. Councilwoman Johnston moved that the City Council support the Citizens committee for the extension of the mall by an appropriation of $1,000 to match the $1,000 the CCEM was raising primarily for advertising, attending meetings, putting out literature; seconded by Councilwoman Pedersen. Councilwoman Pedersen said she felt that if public money was involved, there should be ample opportunity for all sides. If the City.gives $1,000 for the mall campaign, it should not go to an exclusive group. Councilman Wishart said the City may be putting themselves in the same position the County did when the pushed the train. Councilman Wishart said he supported the mall, but did not think the Council should commit any funds to it. Mayor Standley pointed out the City had already invested money in the mall and should carry through with that investment to see fruition of something Council has almost unanimously endorsed for three years. Mayor Standley said he felt Council should support is'sues which represent the City. Councilwoman Johnston pointed out that historically the City has backed itself on projects. Councilman Wishart agreed to spend money for the mall election, but not to put it into a special fund. Councilmembers Wishart, Johnston and Mayor Standley for the motion; Councilmembers Pedersen and De Gregorio opposed. Motion carried. RE~ULATI.ON OF TRANSIEN~MERCHANTS Transient City Attorney Stuller had submitted a memo~anaum to Council outlining state statutes Merchants and municipal regulations regarding transcient merchants. Ms. Stuller said a direct prohibition against transient merchants will cause a lot of controversy, not only in trying to define what activity can be allowed, but would be heavy handed. There are two alternative approaches; (1) licensing and bonding to make sure these people comply with the laws of the city and (2) designate certain areas in the city that open area vending will not be permitted. City Attorney Stuller told Council she needed a good statement from them of what they were trying to accomplish in order to draft a good, reasonable piece of legislation. The Council decided that Councilman Wishart would meet with City Attorney Stuller to work on this legislation. EXEMP.TION F.ROM ~HE DEFINITION OF SUBDIVISION - Burrows BURROWS- City Attorney Stuller told Council there were three areas of concern; (1) the listed exemption conditions of the P & Z and their prohibition against any significant additions to from either building, (2) Chuck Brandt, Burrows attorney, wants it made clear in the statement Subdivision of exemption, that it Permits the condominiumization of the duplex site so that there could be a possibility of three ownerships on that particular site and (3) what to do about the dedication requirement. Brandt did present to the P & Z that there be a double subdivision, both in the interests of the two different houses and in the condo- miniumization of the duplex. Ms. Stuller reminded Council that the Code now exempts the condominimization of duplexes from imposition of the fee; this presents no problems. There should be no dedication for that particular activity; however, is the parcelling of this site into two interests an appropriate function to require imposition of the fee. Chuck Brandt pointed out that in the exemption where it states that duplexes, triplexes, and fourplexes shall not have to pay a dedication fee, it seems it is the intent of that exemption to exclude everything below a five-plex. Single family dwellings are not spelled out because no one contemplated condominiumizing a single family dwelling. Ms. Stuller answered that they are taking a three lot area and authorizing conveyance of the interest in the house and the duplex itself. Regular Meeting Aspen City Council March 22, 1976 It is that parcelling of the land that is at issue. City Attorney Stuller suggested that the Council should apply the dedication fee for that particular parcelling interest. Councilwoman Johnston said that the Council had imposed a dedication fee for parcelling of land before. Brandt pointed out that if the duplex and house were connected, this would be a triplex and would clearly be exempt. On this piece of property, there is what amounts to three dwellings - what amounts to a triplex. City Attorney Stuller said the point is they cannot parcel the lots because no lots would meet the code requirement. The City is permitting diversity of ownership through a condominium or separate use agree- ment. City Attorney Stuller said she could see no rationale for exemption in this case. The separate interest in the three lots is another level of subdivision activity that is not exempt at all. Councilman De Gregorio moved to grant the exemption without the fee; seconded by Council- man Wishart. Councilman Wishart asked if the Council would not be setting a precedent by exempting the fee. Ms. Stuller said the same argument applies here as to the conversion of 700 Hopkins Brandt pointed out that 700 Hopkins contalns more than four units. Ms. Stuller said that Burrows is getting the benefit of the exemption for the duplex, but that does not go for the parcelling of the lots. Council discussed the price of the subdivision dedication fee. City Manager Mahoney said he felt $3,000 would be maximum. Councilman De Gregorio an favor of the motion; Councilmembers Wishart, Pedersen, Johnston and Mayor Standley against. Motion NOT carried. Councilwoman Johnston moved to grant the exemption with the prohibition against substanti~ increase in size, and authorizing the condominiumization of the duplex; seconded by Councilman Wishart. All in favor, motion carried. Councilman Wishart moved to adjourn the meeting at 9:00 p.m.; seconded by Councilwoman Pedersen. Ail in favor, motion carried. Kathryn~Hauter, City Clerk