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HomeMy WebLinkAboutminutes.council.19750609 ~ ~' .... Mayor Standley called the Council meeting to order at 5:08 p.m. with Councilmembers ,! Breasted, Markalunas, Pedersen, Walls, City Manager Mahoney, City Attorney Stuller ~ present. MINUTES Councilwoman Pedersen moved to approve the minutes of May 27, 1975, Council meeting; seconded by Councilman Walls. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Walls moved to approve the May accounts payable; seconded by Councilwoman Pedersen. All in favor, motion carried. CITIZENPARTICIPATION ii Fourth of 1) Doug McCoy addressed the Council about an event to be held the Fourth of July. Last il July year there was an old-fashioned parade down Main street, and this event is something the Chamber would like to put on every year. They would like to add a horse race. This Horse Race group first mnvestigated the Institute race track, but it is physically impossible to hold the race at this race track. McCoy was asking for Council's approval to have this race at the general location of the race track. Parks and Recreation Director Ted Armstrong told Council that the race would start west of the Open Door, south of the existing pond. The horses would race down the road by the number 1 green and number 2 tee-box. Armstrong reported to Council that there was adequate room to end before the Plum Tree. Armstrong also told Council that if McCoy provides the police and control, there won't be any problem. McCoy has promised to stay on the south side of the road. Councilwoman Markalunas questioned the safety of the spectators. McCoy said because of the lay out of the road, this would probably be the safest place for a horse race. There is rough on both sides of the road, so the horses won't tear anything up. McCoy also told Council that Don Stapleton is coverzng this event with an insurance rider. Councilwoman Markalunas asked about the parking situtation. McCoy said there were two parking, lots and he felt they were sufficient to hold all the cars. McCoy said that the parade from Main street will terminate at the race site and will go on from 2 p.m. to 5 p.m. There will be several heats consisting of about six horses per heat. The entry fee is $15 prior to the race and $20 the day of the race. Half of the proceeds will go to the Chamber for putting on the race and the other half will go to the overall winner. Councilwoman Markalunas asked approximately how many horses are expected and where they would be kept prior and during the race. McCoy said his guess was fifty horses. There are several acres of rough where the old rugby field used to be that could be used for storing the horses and a warm up area. Councilwoman Markalunas asked about clean up after the race. McCoy told Council that they would accept responsibility for the clean up and would do whatever they had to do to make this event work. Councilwoman Pedersen asked Armstrong if he were pleased with the event. Armstrong replied there would be no problem whatsoever if the horses and riders stayed on the south side of the road and not on the fairways or greens. Councilman Breasted moved to approve the use of the golf course property for three hours on the Fourth of July for this event; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilwoman Pedersen. Motion carried. COUNCILMEMBER COMMENTS Citizens 1) Councilman Breasted introduced a memorandum from the Alignment Subcommittee of the Transit Citizens Transit Design Caucus concerning the Rio Grande Property. Councilman Breasted Design asked that a copy of this memorandum be given to the P & Z members and the Council and Caucus P & Z meet together to discuss the various uses and plans for the Rio Grande property. re: Rio "Althought the mnztial alignment of the proposed light rail transit system does not Grande Pro include service to the Rio Grande property presently, we strongly urge that, for the purpose of proper land use planning, the possibility of a future link along Spring or Original Street to the largest single undeveloped peice of property in the City be included in the planning process as a logical and viable consideration." Mayor Standley told Council that a joint study session with the P & Z to discuss the Rio Grande would be discussed later on the agenda. Councilman Behrendt came in. 2) Councilwoman Markalunas said she had been up at the top of Monarch street in the Mtn. Queen Mountain Queen area. Councilwoman Markalunas said she recalled that the final subdivision approval with the Mountain Queen had some arrangement that the Mountain Queen would St. Betwee make the street through between Monarch and Mill. Councilwoman Markalunas said she thought Monarch & that it was imperative that this be carried out. City Attorney Stuller said she could Mill resurrect the elements of the subdivision agreement with no problem. 3) Mayor Standley said he had received complaints from citizens on the Historic Complaints Preservation Committee's procedures. Mayor Standley indicated he felt that the HPC did on H.P.C. not understand their role as well as the citizens not understanding the HPC procedures. Procedures Mayor Standley said he felt a joint study session with the HPC and Council was needed. This would be set up later in the meeting with other study session. 0rd936, 19' ORDINANCE ~36, SERIES OF 1975 Water Dept Fees Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Walls moved to read Ordinance #36, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE a 36 (S~ries of 1975) AN ORDINANCE AUTHORIZING THE EXPENDITURE OF UNAPPROPRIATED WATER PLANT INVESTMENT FEES IN THE AMOUNT OF THIRTY-FIVE THOUSAND THREE HUNDRED FORTY-FIVE ($35,345.00) DOLLARS FOR EXPENDITURE ON WATER CAPITAL PROJECTS was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #36, Series of 1975, on second reading; seconded by Councilman Walls. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. SWEARING-IN NEW COUNCILMEMBERS Retiring Councilman Walls told the Council and public, "I want to thank most of all the Retiring electorate in affording me the opportunity of serving this community as their elected Council Mem. City Councilman. For me it has been, indeed, a privilege and an honor. All told, I have given the City about twelve years of service, and the experience and background Walls that I have gained has been and will be invaluable to me. I feel very strongly that more people should be involved in our City government so that they might better understand its workings. I want to wish the new elected people as well as the holdovers all the best for the coming term. It goes without saying, that if I can be of help to you, please feel free to call me. I guess that I could go through, item by item, areas of concern that I have in regard to the City because I still do care even though I am going off the Council. But this would be boring to you and I don't wish to burden you down at this point. Your first big eye-opener, of course, for those new members on the Council will be later this summer when you start working on the budget for next year. I'm glad that I don't have to look forward to that again. However, there is one wish that I have and that is that this new down do a concerted effort in building confidence an our city government and reducing what I have called in the past the credibility gap. I think most of the older members on the Council and those of us that are leaving understand what I am talking about. Again, I want to thank you, thank you all, and good luck to you." Councilman Breasted said, "I have enjoyed the involvement enormously. I served for two Breasted and a half years on the planning commission and have been on Council for two and a half years. I don't think there has been a minute of it where I haven't been learning some- thing and making very good friends in the community and enjoying the service wholeheartedl I am going to miss my friends on the Council and in the administration, and I wish the best of luck to the newcomers, and I hope that they en~oy it as much as I have because its a very, very enjoyable thing. I think the popular notion that public service is not enjoyable is wrong. I think it is a wonderful experience. I Think that, as Winston Churchill said, "Democracy is the worst form of government except for all the others". Councilwoman Markalunas addressed the Council. "Four years have flown and what has been accomplished? Contrary to recent compaign Markalunas~ rhetoric, it is not all waiting to be done in the future. Much has been accomplished in on Accomplish- the past four years and, of course, before, Government does not begin and end every two ments & Goals years, it is an ongoing process. "The City of Aspen is on a threshold. The threshold to the future. Over the past few years, through the purchase of strategic property and bringing sound fiscal manage- ment to City government, we have built a sturdy, broad foundation from which great strides forward can be made. "Through judicious management of existing City property, we should be able to realize sufficient revenue to improve several City facilities that need attention. "Many needed improvements could also be accomplished by establishing them as a definite work program for existing City employees, and of course, including them in the Budget for funding. "I will not enumerate what I consider accomplishments, the record speaks for itself, but I would like to make a few recommendations for the future: I feel strongly that we should (1) Complete the renovation and restoration of the Wheeler Opera House and City Hall; lease available space in them at the going rental rate to assist in the continuing maintenance and upkeep of all City buildings. (2) Improve the area around the Storm Sewer Pond for a picnic and rest area on the Rio Grande Trail. Re-establish the old boiler on this site and name the area Jennie Adair Sawmill Park, recognizing the o~iginal use of the site. (3) Construct an 18-hole golf course to round out the recreational facilities and improve the revenues of the Recreation Department. (4) Plan the Rio Grande porperty incorporation as many needed community uses as possible --- some of these should be revenue generating. (5) Purchase the Midland right of way, the Koch Lumber Yard and Koch Saw Mill. These tracts have a multitude of potential uses. They could give unlimited opportunities for trails, transit, artistic mall, depot sites, parking, historic preservation, recreation, and who knows what else. "Being somewhat familiar with Aspen history, I like to draw parallels between pioneer Aspen and recen~ Aspen. "It is my feeling that the prospectors were great dreamers! Who else would have struck out across Independence Pass with no trail or real map to guide them and with Ute Indians occupying the area, supporting their dreams with practical judgment, a lot of hard work and hopefully, an "angel" or two with money to grubstake the operation. "Aspen was built by dreamers, they came to a high mountain valley, virtually untouched by human hand, founded an economy, eked out an existence, interested devlopment capital, built a transportation system of roads, trails and two railroads, bringing all of them across some of the most rugged mountains in the country, always with an eye to establish- ing a community for all to enjoy and appreciate. Accomplishing all this in the space of 13 years. Yes, proposectors were dreamers, but they backed their dreams with personal hard work. "Aspen continues to have dreamers, but an interesting difference in then and now is that then, government played only a limited role. Private capital and industry took up the cause and provided for the needs of the community. "In today's Aspen, government seems to be restricting and limiting this vitally needed participation of private industry and capital, while at the same time taxing it from all angles to support the enlargement and expansion of government. We must carefully choose government's role so it does not overwhelm private and individual incentive and freedoms. "Government in Aspen is a succession of Councils. The recently adopted Charter gave us some continuity between Councils. In these fast moving times, one of the most difficult achievements is moving forward instead of over and over the same ground. I am reminded of a quote from Thomas Paine who said, 'I~ the progress of politics as in the common occurrences of life, we are not only apt to forget the ground we have traveled over, but frequently neglect to gather up experience as we go.' Good foundations have been established on which to build, familiarize yourselves with them, new Councilmembers be prudent and judicious in legislation, elist the boundless co-operation and assistance of this generous community and you have an unlimited potential for the future! "My words are offered as a springboard to assist you in the plunge off the threshold into the future! Good luck." Mayor Standley said he had enjoyed the opportunity to serve with Councilmembers Walls, Breasted and Markalunas. There have been some major differences but when a decision was necessary to the well-being and the future of the community, all the Council worked toward that goal and not toward personal objectives. That has been a mark of this Council and especially a strength of Jack, Jim and Ramona. They have been an incredible asset to this community. Oath of Off Municipal Judge Fitzhugh Scott gave the oath of office to Stacy Standley as Mayor of the Mayor City of Aspen. Municipal Judge Fitzhugh Scott gave the oath of office to Nina Johnston, George Parry and Oath of Off Steve Wiskart as City Councilmembers for the City of Aspen. The new Councilmembers were Council seated at the Council table. Councilwoman Pedersen moved to read Resolution 928, S~ries of 1975; seconded by Council- Res. 928 woman Johnston. All in favor, motion carried. 1975 Jack Walls RESOLUTION ~28 (Series of 1975) WHEREAS, Jack Walls has ably and faithfully served as a member of the City Council of Aspen, Colorado, and WHEREAS such service has contributed to the continued prosperity of the City and the accomplishment of its goals and programs, and WHEREAS, the City Council wishes to commend Jack Walls, NOW,~THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That by this resolution Jack Walls be, and hereby is commended for his services to the City of Aspen, and that this commendation be spread upon the public record of this City. BE IT FURTHER RESOLVED that a copy of this resolution be presented to Jack Walls as evidence of the appreciation of the City of Aspen for his services. Dated this 9th day of June 1975 Stacy S~andley, Mayor Councilwoman Pedersen moved to read R~solution 927, S~ries of 1975; seconded by Council- Res. 9 27 man Behrendt. All in favor, motion carrisd. 1975 RESOLUTION ~27 James Breas sd (Series of 1975) WHEREAS, James Breasted III has ably and faithfully served as a member of the City Council of Aspen, Colorado, and WHEREAS, such service has contributed to the continued prosperity of the City and the accomplishment of its goals and programs, and WHEREAS, the City Council wishes to commend James Breasted, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That by this resolution James Breasted be, and hereby is, commended for his services to the City of Aspen, and that this commendation be spread upon the public record of this City. BE IT FURTHER RESOLVED that a copy of this resolution be presented to James Breasted as evidence of the appreciate of the City of Aspen for his services. Dated this 9th day of June 1975 Stacy Standley, Mayor was read by Councilwoman Pedersen. Councilman Behrendt moved to read Resolution #29, Series of 1975, seconded by Council- Res. # 28 woman Pedersen. All in favor, motion carried. 1975 Markalunas RESOLUTION 429 (S~ries of 1975) WHEREAS, Ramona Markalunas, has ably and faithfully served as a member of the City Council of the City of Aspen, Colorado, and, WHEREAS, such service has contributed to the continued prosperity of the City of Aspen and the accomplishment of its goals and programs, and WHEREAS, the City Council wishes to commend Ramona Markalunas, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that by this Resolution Ramona Markalunas be, and hereby is, commended for her service to the City of Aspen, and that this commendation be spread upon the public record of this City. BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Ramona Markalunas as evidence of the appreciation of the City of Aspen for her service Dated this 9th day of June 1975 Stacy Standley, Mayor was read by Councilman Behrendt. Councilwoman Pedersen moved to approved Resolutions 927, 928, 929, S~ries of 1975; seconded by Councilman Wishart. All in favor, motion carried. ASPEN VOLUNTEER FIRE DEPARTMENT - Special Event Permit Fire Dept. Hugh Slowinski and Richard Miller of the Fire Department presented this permit to the 4th of July City Council. They told Council that the Fire Department has in the past had a fireworks Barbeque & disply up on Aspen Mountain. They would like to expand this into a barbeque and street Street Dance dance to be in conjunction with the fireworks. This would also be a good lead in to the Bicentennial celebration that is coming up. Slowinski told Council that the barbeque would be held in Wagner Park starting at 4 p.m. The Fire Department had contacted Parks Director Ted Armstrong and the Fire Marshal. They will be willing to comply with any stipulations and rules the City may have. City Attorney Stuller told Council that under the City's revised criminal code, there is a section that alcoholic beverages may be consumed in a public place with the written permission of the City Manager. The applicant must provide adequate policing, Sale of 3.2 control, and clean up. Slowinski told Council the Fire Department would be willing to Beer fence off that part of the park used for drinking the 3.2 beer they would like to sell. ~ ' Councilman Behrendt questioned selling beer during the fireworks and the crowd control during this time with the small children that would be there. Slowinski said they were trying to run this event as a family affair and only a small portion of the park would be used to sell beer in. ~ Councilwoman Johnston asked what area of the park would be used to serve beer and would there be a charge for this barbeque. Slowinski answered, yes, there would be a charge. The proceeds will be used for equipment for the Fire Department, possibly an expanded .paging system with the Aspen Police Department. There will be a reasonable price for the barbeque and also a charge for the beer. The area to be used would be in the neighborhood of the bandstand so that everything would be contained in that area. Dick Miller also mentioned that there would be an inter-departmental water fight on Water Fight Mill street and asked permission at this time to have the portion of the block from Rubey park south to Durant street closed off. Councilwoman Pedersen asked about indemnification to the City. The Fire Department said Insurance they did not have insurance. City Attorney Stuller suggested having the City's insuranc. company put an insurance binder on for this one day. Mayor Standley indicated he felt th~s was a fair contribution to this event. Councilwoman Pedersen moved to approve the special event permit to sell 3.2 beer in Wagner Park on the Fourth of July; seconded by Councilwoman Johnston. All in favor, motion carried. STREET CLOSURE - Skate Board Contest There was no one present to discuss this item. MARGARET MEADOWS SUBDIVISION - Final Subdivision Margaret Meadows James Moran, representing Margaret Cantrup, told Council this proposed subdivision is at the corner of Park and Midland avenue. All the existing buildings have been on this property since 1959. The purpose of going through subdivision is to give each building its own lot so that one of the lots can be sold. Moran told Council the subdivision agreement had been given in draft form to the City and that he and the City Attorney had agreed on the modifications that the City wants. Moran was asking final subdivison approval from the Council. Yank Mojo, of the planning department, explained to Council this was a request to divide these parcels into two lots. In March 1974 the P & Z gran~ed~ conditional preliminary ~ subdivision which created two small lots on the provision that Margaret Cantrup request '~ a variance from the Board of Adjustment. In July 1974 the Board of Adjustment granted Margaret a small lot variance on the condition that the triplex be turned into a single family Meadows residence. In June 1975 the P & Z gave final approval to the subdivision subject to the conditions specified by the planning and engineering departments. There are no major problems with this subdivision. The engineering department has requested a five foot right-of-way along Park Avenue, and that the subdivider shall commit to join an improvement district and waive rights of protest to an improvement district. Mojo told Council that the planning office recommends final subdivision approval condition on compliance with any Board of Adjustment decision, Lot #2 hook up to the sewer by October 31, 1975, all leases be restricted to six months if the triplex is allowed to remain. A 4 per cent cash dedication is recommended as there is insufficient land already. The engineerIng department would like a commitment to pay construction costs for sidewalks, streets, paving, gutters when the City deems this necessary. Moran informed Council that the only problems he had with the requirements is that he would like to be sure that in committing to reimburse the City for improvements put ~n that it be part of a plan that involves at least the entire block. Moran said he wanted to avoid any possibility of calling on that promise for just this piece of property. Mayor Standley asked what the status of the Board of Adjustment decision was. Moran answered that this case was scheduled before the Board of Adjustment. If he was unsuccessful, then the triplex must be returned to a single family dwelling. Mayor Standley asked if it was appropriate to approve this subdivision before the case had been reviewed by the Board of Adjustment. City Attorney stuller said that decision did not affect any elements of the Council's approval. Mojo pointed out that the use of this dwelling as a triplex or a single family dwelling would not impact the traffic or parking of this area. The planning office does ask that if the triplex is allowed to r.ema~n, that the leases should be six months at least. City Engineer Dave Ellis told Council he had no problems and was only asking for an additional commitment to pay for possible costs of going through an improvement district. The City would do these improvements more than one lot at a time. Councilwoman Johnston asked if the non-conforming use changes hands, does it remain non-conforming. City Attorney Stuller said that it does not lose its non-conforming status when changing hands. Councilwoman Pedersen moved to grant final subdivision approval; seconded by Councilman Behrendt. All in favor, motion carried. SUBDIVISION LAND DEDICATION REQUIREmeNTS Subd' Planner Bill Kane told Council that on April 14, 1975, the new subdivision regulation Regulation~ were adopted by Council. Subdivision activity is parallel to new population to the community, therefore, land dedication requirements should be made to deal with the needs for public park lands. The old requirements were based on flat percentage bas~s. Any form of land dedication should be adjusted on population bas~s. Yank Mojo, planning department, explained to Council he would be using two terms to relate to the dedication requirements; "new" which are the requirements in the code at present and will become law after sixty days, "proposed" which are the changes recommendedl by the planning and zoning commission and the planning department. Mojo tcld Council that both the new and proposed land dedication requirements in the commercial and office areas are a 6 per cent straight value of the improved land; 6 per cent of the market value of the land. For R/FiF, Mojo used a chart to illustrate the proposed requirements. A tract of 12,000 square feet in the R/MF zone could contain 9 one-bedroom units, 5 two-bedroom units or 3 three-bedroom uni~ts. Based on the people multiplier in the subdivision regulations, there would be 1.3 pe~p~le~ per one-bedroom unit and 2.7 people per two-bedroom unit. If you take that multiplier and multiply by the number of units, you get the number of people on the site. You then multiply the number of people by 5 acres per 1,C00 people or .005 acre per person. If you take these three numbers, you end up with a dedication of 28 per cent of the tract of 12,000 square feet. Mojo pointed out on the chart that this would be all of one 3,000 square foot lot and part of a second. The proposed requirements would change the dedication multiplier to 2~5 acres per 1 000 people which would reduce the dedication in half to 14 per cent instead of 28 per cent. Mojo reminded Council that the old dedication requirements in the MF zone were a straight 4 per cent, but most condominium projects got out of that under the lots and block exemption provision. In the R-6 and R-15 zones Mojo told Council that the size of the tract did not matter; what matters is how many people go onto the tract. In a single family dwelling, you will get a dedication predicated on four people on the tract. Under the new regulations, 870 square feet or cash equivalent would be the dedication to the City for single family. The proposed recommendations would be 435 square feet, or exactly half of the new regulations. P & Z also felt that there should be a floor on the dedication requirement calculated on a percentage basis. The recommendation ~s 6 per cent of the tract or the amount generated by the people multiplier, whichever is greater. Under the new regulations in R-6 the people generator for a single family dwelling is 870 square feet for park dedication; 6 per cent is 360 square feet so that the people generator is over twice as much as the per cent floor for a single family dwelling ~n the R-6 zone, or about 14.5 per cent. In R-15 exactly the same amount of ground or cash equivalent is dedicated but the percentage of the tract is much different. If you apply the 6 per cent base to the new regulations in R-15, 6 per cent of 15,000 square feet is 900 square feet. In the R-6 zone, you reach the people generator first; ~n R-15, you will run into the 6 per cent first. The P & Z feels this definition is a fair definition to deal with; in the Subdivision R-15 zone 6 per cent will give more area than the multiplier. Regulations Mojo pointed out to Council that the people multiplier concept is very valid, but when applied to R/MF district it becomes prohibitive in terms of land costs and economic viability of the project. Bill Kane told Council the planning office did not want to take issue with Parks Director Armstrong's study, but the observations they made on requiring 28 per cent dedication would have market-wide effects on building. The average range dedication of other cities is 8 to 12 per cenT. Mayor Standley said assuming Armstrong's study was r~ght and the guidelines are valid, why not equate the value to square feet. R/MF zoned land has a higher land value than land zoned for park. Why not use some kind of guidelines of what park land costs to acquire rather than taking on value of land being developed. Planner Kane asked if park land should be designed to benefit the peak population. If so, it would be necessary for Armstrong to count the land area that serves the total population. The planning office it talking about a base line park figure. Mayor Seandley said it is totally the amount of land as much as it is the goal of the City to protect and acquire open space. Kane said Armstrong's basic assumption of 5 acres per 1,000 people is based upon sewage flows which equates development and park land in the City of Aspen to the peak tourist population. It is hard to find that connection. Councilman Behrendt noted that open space has to do with why this dedication is required. This is a very generous park allotment, but the parks in Aspen are very active parks. Bill Kane said the 28 per cent requirements is an inverted rate structure for park facilities. The biggest user pay~ the biggest chunk. The 28 per cent may be discouragir subdivision activity and in the long run the City would get less revenue. City Manager Mahoney said he didn't object to the percentage, but to the methodology used This should be similar to a PIF; the City can charge citizens PIF based on use but cannot tax them. Mahoney said he felt this methodology is similar to a tax. City Attorney Stuller pointed out that usually park dedication for commercial allocation is fallacious. Commercial builders usually do not generate park use. City Attorney Stuller told Council if the City still permitted development and allocated to new development an attempt to prohibit growth by imposition of a severe dedication, the City would be challenged. Kane pointed out that the 6 per cent dedication in the commercial zones could be used to develop transit or parking or traffic related problems. Councilwoman Pedersen said that the 28 per cent dedication would not be paid by the developer but either by the purchaser or the rentor. 28 per cent seems like an unreason- able demand on the cons%~er. Mojo also pointed out that 28 per cent dedication would make the working man subsidize the parks that are provided and are essentially free to the large residential subdivision in the county like Mountain Valley, Red Mountain and Meadowwood. The cost of a new in-town condominium unit would reflect the park dedica- tion and could push the cost out of reach of the average member of the labor force, thereby effecting their ability to own property and settle down. This could result in even higher employee turnover than the town's labor force now exhibits and a higher degree of transientness. City Attorney S%uller said the parks system are usually governmentally subsidized. If the City attempts to establish a ratio between park land and development, they may engage in a system that cannot be justified. Councilwoman Pedersen pointed out the City would not end up with a large aggregate of park land but with little spot parks. Mayor Standley suggested having a study session to look at the land dedication requ~re- men~s more fully. Councilwoman Pedersen moved to table this item; seconded by Councilman Behrendt. All in favor, motion carried. WINTER SHOP Request for Encroachment ;inter Shop Encroachment John Rosolack, architect for the Winter Shop, told Council they had decided to redesign this building for two reasons; (1) there was a very small amount of window space, and (2) the Winter Shop looks exactly like its neighbor, Sporthaus Lindner, and this Ks confusing to customers. The architect came up with a wood veneer front which would add 1% inch thickness to the walls over the sidewalk. In the design process, the building had been re-surveyed. It is presently encroaching on City property by .79 of a foot. City Engineer Ellis said the building is .87 foot, which is about ten inches, on City :property and has been there ever since the building was built. This encroachment would ~only add another 1 to 1½ inch. There is no problem with this encroachment. Councilman Behrendt moved that if this project had made it through HPC review then he would moved to approve the encroachment provided they satisfy all the City Attorney's requests; seconded by Councilwoman Pedersen. Lary Groen, of the HPC, told Council they had given approval to this project. Groen asked if the encroachment were only to be on the street side. Rosolack answered that there was a one-inch encroachment on the alley side. Groen said the HPC had given conditional approval if they did carry the re-designed facade around the alley side at least 30 feet. All in favor, motion carried. Tennis Cour~ 1) Tennis Courts. City Manager Mahoney reported to Council that the original estimate for the tennis courts at the Plum Tree was $45,000. Now the final costs is believed ~o be $65,000. In order to amortize that amount to pay for the courts, the charge will Plum Tree have ~o be $3 per hour per court. Mahoney was asking Council for permission to charge $3 per court. Mayor Standley asked Pat Hubner of the Plum Tree where the costs had overrun. Hubner told Council that they had decided to use a tougher, thicker asphalt, 3 inches rather Costs than 1%, which would give a sturdier base and last longer. This added about $24,800 to the cost. They also felt it was more aesthetically pleasing to go with a green fence rather than a silver link fence. This added $2,000 to the costs. Councilwoman Pedersen asked Parks Director Armstrong if he planned to raise the cost of the courts at Iselin to $3; A~strong answered no. Councilwoman Pedersen pointed out Rates that one of the Council's concerns was that the City-owned tennis courts be maintained with a public facility aspect. Page 3, Section 7 of the Cooperative Contract read, "In the event the net revenues generated during the term of this Agreement are insufficient{ to fully compensate the Corporation for the amount of the loan and interest, the Corporati~D agrees nonetheless to convey the courts as anticipated by Paragraph 6 and to assume the loss without recourse." Councilwoman Pedersen said that the courts should be maintained with the identity as public courts. The City is uping the ante as far as the Plum Tree commitment in order to bail them out. Councilwoman Pedersen stated she did not concur with the rate increase at all; that this is property that belongs to the people of Aspen. Mayor Standley asked what the cost to play on other courts in town was. Armstrong submitted a memorandum with all other courts and costs. The average charge is $4 for singles and $6 for doubles per court. Councilwoman Pedersen pointed out that all the other courts listed were not public facilities. Councilman Behrendt mentioned that there would be operation expenses and repairs. Councilman Behrendt indicated he did not think $3 was an unreasonable cost. Mayor Standley said that people paid to play golf on the City-owned golf course. Councilman Behrendt moved that the City raise the fee on all City courts to $3; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Pedersen and Johnston; motion carried. Athletic Fie 2) Athletic Field. Parks Director Armstrong reported to Council that the final grading had been done on the playing field. Armstrong showed Council a model of three circular parking lots with landscaped berms around them that would be implemented out by the athletic field. Armstrong pointed out that they would be graveled this year and would shield the parking lot from view of Highway 82. Armstrong told Council he could not afford to sod the playing field this year. The grass seed could be planted in late fall and could be played on next year. If the money is not used to sod the playing field, Armstrong was asking for permission to use that money Sod for installation of lights at the Iselin Park fields. Armstrong told Council he could Lights take the existing lights and fixtures that were to go on the Rio Grande property and move them to Iselin so that the softball park could be utilized more. Councilman Behrendt questioned what had happened to the children's park planned at the golf course. Council- man Behrendt indicated he felt there was a lack of good children's play equipment in the Children's parks and Armstrong had budgeted for a children's area with equipment. Councilman Equipment Behrendt asked why the park had not been started and if the $10,000 for the park was still intact. City Manager Mahoney said the money for the children's park had not been touched. Councilwoman Pedersen said she would like some coraments from Finance Director Butterbaugh about the financial feasibility of moving the lights. Councilwoman Johnston asked what would be gained by lighting Iselin Park. Armstrong replied that it would allow more playing time for the softball teams, of which there are over 30 this year. Mayor Standley suggested the possibility of using 6th penny money to finish the field a5 6th Penny the golf course since the golf course was purchased wtik 6th penny money. Then the recreation budget could be transferred to put lights up at Iselin park. Mayor Standley told Armstrong to meet with Finance Director Butterbaugh to figure out the financing for this project. The Council could call a special meeting to approve the budge~ transfer if it could be worked out. Mid-land Rigl t~. Midland Right-of-way. City Manager Mahoney reported to Council that Earl Baughar, of-way the appraiser, had been in Aspen for the past week. Baughar promised to have the appraisal done by the first week in August. Post Office 4. Post Office. There had been a study session with the post office earlier this after- noon. Mayor Standley told Council the post office had withdrawn their interest in the City's property at this time. 5. Ski Lift Rate Review. City Manager Mahoney told Council that at the last meeting he Ski Lift Rat~ Review had been directed to write to Tom Evans of the Forest Service. Evans had replied and had denied the request from the City. City Attorney Stuller, Economist Simmons, Planning Assistant Mojo, and Mahoney had been working the past week on how next to pursue the administrative relief. Mahoney had given Council copies of Evans' reply. This fixes the date the City had to , Evan's ReplI pursue this issue to thirty days. It is the City s intent to apply by Friday, June 13, 1975, for administrative relief. City Attorney Stuller told Council that the City would proceed this as administrative appeal only but maintain the challenge to the method used to arrive at a price. It appears that the outline of the City's administrative appeal will be essentially a request for all information used to substantiate the price increase, a request for a stay pending final determination, and an outline of economic rationale substantiating our position that review by the Forest Service is incomplete. The material submitted by Simmons and Mojo will not go into the merits and will not suggest an alternate price. It will just suggest a challenge to the criteria established by the Forest Service. Economist Simmons told Council he felt the City should pursue this as the social interest is great in the whole process and it would behoove the City to take a stand now to try and force the Forest Service into a more rational look at ski lift rates. City Manager Mahoney told Council that he would submit the administrative appeal to Council members the same time it is submitted to the Forest Service. Councilwoman Pedersen pointed out that the City is protesting a 10 per cent increase, $1 on $10, when the Council just laid on a 33 per cent increase to play tennis on City courts. THOMAS PROPERTY ANNEXATION Thomas Prop. City Attorney Stuller explained to Council why this had been tabled at the last meeting. Annexation The City had applied to annex land over which the City had no control (Highway 82), but we had to annex t{ighway 82 in order to establish contiguity with the City. The Municipal Annexation Act states that rights-of-way and streets do not affect contiguity, but the City cannot annex properties not owned by the City. City Attorney Stuller informed Council she had contacted the State Highway Department and they had advised her to proceed with the annexation including the highway and notify the Highway Depart- ment by submitting a petition and copying the highway department into that petition. City Attorney Stuller also told Council that this was only the first step in the annexa- tion proceedings and the State Highway Department had time available to protest. Councilwoman Pedersen moved to authorize Mayor Standley to sign the Petition for Annexation; seconded by Councilman Bekrendt. All in favor, motion carried. Councilman Behrendt moved to read Resolution ~24, Series of 1975; seconded by Councilwom~ Pedersen. All in favor, motion carried. RESOLUTION ~24 Res.924 1975 (Series of 1975) Annexation WHEREAS, there has been presented to the City Council for its consideration, a Petition for Annexation concernIng the following described tract located in Pitkin County, Colorado, to wit: A parcel of land in the SW¼, Sec. 12, T10S, R85W of the 6th P.M., Pitkin County, Colorado, comprising parts of Lots 8,9, 10 and the SW¼SW~ more fully described as follows: Beginning at a point on the Line 6-7 of the Original Aspen Townsite, said point being S.07°53'16" W. 989.20 feet from the Original Aspen Townsite Corner No. 6, said point also know as North Annexation Point No. 1; thence along the present city limits N.75°09'11" W. 627.10 feet to North Annexation Corner No. 3; thence 533.18 feet along the city limits and northerly right-of-way line of State Highway 82 around the arc of a curve to the left with a radius of 1005.00 feet and whose chord bears S.89o38'55" W. 526.95 feet; thence S.74o27' W. 272.30 feet along the city limits and northerly right-of-way line; thence 842.66 feet along city limits and the northerly right-of-way line around the arc of a curve to the right with a radius of 1096.00 feet and whose chord bears N.83o31' W. 822.05 feet to a point bearing S.14o16'10" E. 247.04 feet from the west one-quarter corner of Sec. 12, T10S, R85W of the 6th P.M. (a 1954 brass cap in place); thence S.28o30'06" W. 100.00 feet to a point of intersection with the southerly right-of-way line of State Highway 82, also being the easterly right-of-way line of Castle Creek Road, said point bears S.10°32'20'' E. 332.91 feet from the west one-quarter corner of Sec. 12; thence S. 16o36' E. 135.87 feet along the easterly right-of-way line of Castle Creek Road; thence S.20o54' E. 2006.31 feet along the easterly right-of-way line of Castle Creek Road; thence S.32°10' E. 67.10 feet along the easterly right-of-way line of Castle Creek Road; thence N.t8°14' E. 1107.77 feet; thence N.25°28' E. 715.83 feet; thence N.21°47' E. 282.37 feet; thence N.10°51' E. 90.71 feet to the southerly right-of-way line of State Highway 82; thence 63.25 feet along the southerly right-of-way line of State Highway 82 around the arc of a curve to the right with a radius of 905.00 feet and whose chord bears S.77008'52" E. 63.23 feet; thence N.14°50'49" E. 20.00 feet along the southerly right-of-way line of State Highway 82; thence S.75o09'11" E. 636.86 feet along the southerly right-of-way line of State Highway 82 to a point on the westerly line of the Original Aspen Townsite, said point being S.07°53'16'' W. 1069.79 feet from the Original Aspen Townsite Corner No. 6; thence N.07°53'16'' E. 80.59 feet alon~ the Line 6-7 of the Original Aspen Townsite to the point of beginning, containing 39.203 acres more or less, and WHEREAS, said Petition has been determined by the City Council to satisfy the requirements of Section 31-8-107 of the Colorado Municipal Annexation Act, and WHEREAS, it is required by said Act that the Council determination of the substantial compliance of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Petition for Annexation of the above-described property having been submitted to the City Clerk shall be, and hereby is, determined to be in compliance with the requirements of Section 31-8-107, C.R.S. 1973, the Colorado Municipal Annexation Act. 2. That it further be determined, and the City Council so finds, that not less than one-sixth (1/6th) of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen; that nothing prohibited in Section 31-8-105 will occur as a result of the annexation; that the proposed annexation will not result in the detachment of territory from any schood district; and that the Regular Meeting A~pen City Council June 9, 1975 Thomas Prop. property (exclusive of streets, highways and alleys) proposed to be annexed is owned Annexation by the City of Aspen, and is not solely a public street or right-of-way, all of which conditions make the tract eligible for annexation by ordinance (without prior "~ notice and hearing) as prescribed by Section 31-8-106(3) C.R.S. 1973. Resolution ~24 was read in full by the City Attorney. Councilwoman Pedersen moved to approve Resolution ~24, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. Ord.#38 1975 ORDINANCE ~38, SERIES OF 1975 700 Hopkins Councilwoman Pedersen moved to read Ordinance #38, Series of 1975; seconded by Councilwoman Apartments Johnston. All in favor, motion carried. ORDINANCE ~38 (Series of 1975) AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY 700 HOPKINS AVENUE APARTMENTS, A GENERAL PARTNERSHIP (SAID TRACT CONTAINING 2272 SQUARE FEET, MORE OR LESS) AND ANNEXING SAID PROPERTY ACCORDING TO THE COLORADO MUNICIPAL ANNEXATION ACT was read in title by the City Clerk. Councilwoman Pedersen moved to approve Ordinance #38, Series of 1975, on first reading, seconded by Councilman Behrendt. Roll call vote, Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. All in favor, motion carried. Ord ~39 1975 ORDINANCE #39, SERIES OF 1975 Fire Exting- Councilman Behrendt questioned Fire Marshal Art Hoagland about having the entire Fire .uishing Sys. Department's approval and Chief Clapper's approval. Hoagland told Council this Ordinance would put him in charge of extinguishing systems within public buildings and commercial buildings and would give him the authority to approve and test fire extinguishing systems. The Fire Chief does not have the time to do these things. Councilman Behrendt moved to read Ordinance ~39, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~39 (Series of 1975) AN ORDINANCE AMENDING SECTION 9-3 OF THE ASPEN MUNICIPAL CODE SO AS TO EXPAND THE ENFORCEMENT AUTHORITY OF THE FIRE MARSHAL (AND CORRESPONDINGLY REDUCE THE AUTHORITY OF THE FIRE CHIEF) TO DETERMINE THE TYPE AND NUMBER OF FIRE APPLIANCES THAT MUST BE INSTALLED (SPRINKLER, FIRE HYDRANT, STANDPIPE, FIRE ALARM AND PORTABLE FIRE EXTINGUISHER SYSTEM) AND RESPONSIBILITY FOR INSPECTING INSTALLED SYSTEMS was read in title by the City CleHk. Councilwoman Pedersen moved to adopt Ordinance ~39, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. Councilman Behrendt moved to put Resolution ~30, Series of 1975, on the agenda; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Behrendt moved to read Resolution #30, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. Res#30 1975 RESOLUTION a30 (Series of 1975) Eleaction oi WHEREAS, there is scheduled for June 17, 1975, an election for a determination Bonds for Ho~ ~. as to whether bonds shall issue for the construction of a new As~en Valley Hospital, and WHEREAS, the Aspen City Council wishes to make of record its support of the bond issue and to encourage the residents of the City of A~pen to endorse the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that it does hereby actively support issuance of the proposed bond series necessary for the development of a new Aspen Valley Hospital for Pitkin County and the City of Aspen residents. BE IT FURTHER RESOLVED, that it does encourage its residents to participate in the election scheduled for June 17, 1975, and at this time to approve the bond issue to further the welfare of the citizens of this valley. was read in full by the City Attorney Councilwoman Pedersen moved to approve Resolution ~30, S~ries of 1975; seconded by Council- man Wishart. All in favor, motion carried. Mayor Standley requested that the media really hit this issue as many people are unaware of this election or wh~t it is for. Mayor Standley also stated it would be good to bring out the fact that one does not have to be a registered voter for this election. Regular Meeting Aspen City Council June 9, 1975 Councilwoman Pedersen moved to put a Mayor's Deed on the agenda; seconded by Council- Mayor's Deed woman Johnston. All in favor, motion carried. City Attorney explained why the need for Mayor's Deed and that a fee of $25 was ~ charged for all Mayor's Deed. This deed is to Valeska Broughton for the east 3 feet of lot N, and all of lots O, P, and Q, Block 16, Townsite of Aspen, County of Pitkin, State of Colorado. Councilwoman Pedersen moved to approve the Mayor's Deed and to authorize Mayor Standley to sign same; seconded by Councilwoman Johnston. All in favor, motion carried. STUDY SESSIONS Study Sessions 1. Mayor SEandtey requested an all day work session with the new and old Council to hear reports from the departments heads as to what they are doing and what they would like to do next year. The afternoon session would be to establish this Council's goals and objectives. This was scheduled for Saturday, June 14, at 8:30 a.m. 2. Planner Bill Kane requested a City/County Clearinghouse to discuss the proposed City/County arrangements for a governmental contract between the City and County for the planning Clearinghouse office. This was scheduled for 5:00 p.m. Monday, June 16, in the City Council P & Z Chambers. 3. A joint study session with the P & Z was scheduled for Tuesday, June 17, at 5:00 p.m. in the City Council Chambers to discuss planning the Rio Grande property and the Rio Grande Holy Cross property. 5. Tuesday, June 24, at 4:00 p.m. a study session was scheduled to go over the subdivision land dedication requirements. At 5:15 a joint study session with the H.P.C. Historical Presevation Committee was scheduled. 4. If the lightin at Iselin Park ne~ds a special meeting, Council decided any evening Iselin Pk. at 6 p.m. for 30 minutes would be appropriate. Councilman Behrendt moved to adjourn the Council meeting a~ 8:05 p.m.; seconded by Councilwoman Pedersen. All in favor, motion carried.