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HomeMy WebLinkAboutminutes.council.19750623 Regular Meeting Aspen City Council June 23, 1975 The regular Council meeting was called to order at 5:11 p.m. with Councilmembers Behrendt, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Pedersen moved to approve the minutes of June 9, 1975; seconded by Councilwoman Johnston. All in favor, motion carried. CITIZEN PARTICIPATION 1. Rick Sabbatini spoke to Council on behalf of the Aspen Skier's Educational Founda- Aspen Skiers tion. The ASEF would like to have a bike sale similar to their winter ski swap Educational around the Fourth of July weekend. Sabbatini asked Council if there were any major Foundation objection to having this event in the mall and using two or three of the City's bicycle Bike swap racks. This would be a non-profit event for the benefit of the Aspen Ski Club. Councilwoman Pedersen asked Sabbatini if they would be responsible for clsan up after the event. Sabbatini answered yes. Councilwoman Pedersen moved that the Aspen Skier's Educational Foundation be encouraged and allowed to use the mall for their bike sale; seconded by Councilman Parry. Councilwoman Johnston asked if it would be used bikes that they would be selling. Sabbatini said yes, used and mostly children's bicycles. All in favor, motion carried. 2. Bob George told Council that he had been informed by San Juan Tours that the City San Juan had told them that they could not run their buses on the Aspen city streets. George Tours wanted to know (t) if this was true and (2) if it were the intent of the City Council busses on and the intent to pursue this. city streets City Manager Mahoney told Council he had met with the County Commissioners with regard to the pollution problems in the Roaring Fork Valley. Mahoney had told San Juan that the City and County were looking into the problem of pollution and our buses were using propane. If San Juan was going to run ski buses, they should look into purchasing buses with propane. Councilman Behrendt asked Mahoney if this was being used as a sledge against the Ski Corp. Mahoney said he only discussed this with San Juan due to the pollution problems, and that the City'and County were running propane buses. Bob George told Council he had brought this up because of a comment made to D.R.C. Brown personally, and he wanted clarification from Council that this is not pressure from Council to the Ski Corp. City Manager Mahoney told Council that the City Engineer had said that the streets are almost completely deteriorated and non-functional in areas that the Ski Corp has been running buses'. The City will have to have funds to run buses over these streets. The City would look to the Ski Corp. for some money to repair the streets. 3. Adolf Miklich told Council he was representing all the owners of the Larkspur at Paving Original and Hopkins and requested relief from the dust and road conditions on 800, Hopkins st 900, and 1000 East Hopkins. These three blocks are not paved and traffic up and down these blocks generates a lot of dust. Mayor Standley said he had met with Ray Bates and was planning to discuss the street issue later on in the agenda. Bob George asked Council if they were going to discuss the bus situation in an executive session. Mayor Standley said that it would not be an executive session and when somethin was to be decided, it would be an advertised agenda item. 4. Ramona Markalunas told Council that through efforts of the Aspen Historical Society, City Hall City Hall is now on the National Register. The National Register is the official list National of cultural resources worthy of preservation. This makes City Hall eligible for Register Federal grants and aid for historic preservation. Markalunas asked for aid in applying for such a grant, to help. restoring the third floor of City Hall. COUNCILMEMBER COMMENTS Construc- 1. Councilwoman Pedersen asked if it could be arranged to have the construction boards tion board repainted a wood color now that the Aspen Arts Festival was over. City Manager Mahoney repainted told Council tha~ he figured it would cost approximately $150 to repaint these con- struction boards. The Aspen Foundation for the Arts had been granted $1,600 in-kind from the City and the City had not met all the obligations to.the Foundation. Mayor Standley suggested having CETA workers do the painting job. Ellen 2. Mayor Standley informed Council that Ellen Harland had resigned from the Board of Barland Appeals and Examiners and directed the City Clerk to advertise for that vacancy. resignatio~ 3. Mayor Standley told Council he had a bill for $50 for dues for a year in the Sister Sister Cities program. Mayor Standley indicated he felt there was no reason to renew it as Cities the City was not getting anything from its dues. The Council agreed, and Mayor Standley program said he would just let the membership drop. 4. Mayor Standtey scheduled a work session on Monday, June 30, 1975, at 4:00 p.m. to finish up the department head meetings with Streets, Electric, Parks, and Municipal Court. After that two hour session, there will be a work session at 6:00 p.m. with the Planning and Zoning Commission to discuss the Rio Grande property zoning. Council 5. Mayor Standley said the Council should have a work session to finalize their list priorities of priorities so that it can be accepted at the July 14 regular Council meeting. This will also allow the department heads to figure in these priorities when figuring out the 1976 budget this summer. The work session was scheduled for Monday July 7, 1975, a~ ~,:00 p.m. Vietnamese 6. Mayor Standley told Council he had received letters from people in the state of program Colorado that are upset about our announced support of Vietnamese absorbtion program. Mayor Standley said he agreed with them completely. One of the comments was, "I have lived in Colorado for thirteen years and I'd like ~o live in Aspen, too. Do you have somebody up there that would sponsor me so that I can find a job". Charlie Baker, who runs Open Door'and has no involvement in this, has also received calls and letters from Chicano groups around the state expressing the same feelings. Mayor Standley told Council he had received calls from local people who are concerned about health, immunization, education, etc. Apparently from a TV news story, this appears to be a City-sponsored issue. Mayor Standley affirmed that the City had never been approached about anything to do with this, and it is not an appropriate action for the City of Aspen to be involved with. Councilwoman Pedersen concurred, but felt that the City could not tell a private sponsor, if everything else was in order, whether he can or cannot sponsor an immigrant. Councilwoman Johnston suggested that there be some kind of controls so that the private sponsor does not just bring someone here and dump them on the community. Councilman Wishart stated that this was not the right community to overburden as there are already problems zn the housing area and employee area. Councilwoman Pedersen said it is within Council's prerogative to direct Human Resources Director, Betty Erickson, to determine the exact status of the Vietnamese, the correct sponsorship procedure, etc. Erickson told Council she would be glad to take on this responsibility. Mayor Standley asked County Commissioner Dwight Shellman if the City would be allowed to use the Human Resources Director this way; Shellman replied he had no objections as long as this did not take on a racial tone. Councilwoman Pedersen made the motion that the City Council direct Betty Erickson, Human Resources Director, to ascertain as much as she is able within the next two weeks the status of the sponsorship and responsibility for the Vietnamese people that are in town; seconded by Councilman Parry. All in favor, motion carried. 7. Mayor Standley approached the Council about s~arting the Council meetings at one o'clock for the summer. Councilman Behrendt moved to have the Council meetings at one o'clock for the duration of the summer; seconded by Councilwoman Pedersen. All in favor, motion carried. ASPEN FOUNDATION FOR THE ARTS Herman Edel summarized for Council the events for the First Annual Aspen Festival of the Arts, which he felt was a very successful event. The historic bus tour was a monumental Aspen Founda smash and was run more times than anticipated. The breakfast, sidewalk art day, and tion for the martial arts exhibits were all well attended. From word of mouth feedback, Edel said he Arts - money felt the Festival had been fun, exciting and a good kick off to the summer. Edel told spent Council they hoped this would be a continuing event in Aspen and as he had previously told Council, the Foundation will be pretty much self-sustaining. Diane Lewy told Council that the art show and art auction had good quality pieces from Colorado artists. The Foundation had purchased one piece to be part of a permanent collection. The art auction was the Foundation's way of becoming self-sustaining, and although they were not sure how much money the Foundation had received, they felt they had raised a good portion of funds for next year's Festival. Diane Lewy and Herman Edel both wanted to thank Council and the City of Aspen for the support and help given to the Aspen Foundation for the Arts. PARKS AND RECREATION 1. Iselin Park - Lights. Parks and Recreation Director Ted Armstrong told Council it Iselin Park would cost $6500 to match the existing equipment from the Rio Grande property to light lighting Iselin Park. There are three sources for this income, two other than supplemental funds from the children's park, Mayor Standley said Council's decision was if they wanted to go ahead and get the lights up and then decide which of the three funds to use. Finance Director Lois Butterbaugh told Council there was approximately $6500 in the sixtt penny fund. There was $18,000 that last year was paid out of general fund revenues for bikes paths. This $18,000 will be reimbursed to the general fund; this would be an appropriate source of funds for the lighting, as would any savings from the children's park. Councilman Wishart moved to go ahead with the lighting of Iselin Park; seconded by Councilman Behrendt. Councilwoman Pedersen said ~e did not feel this was a proper sixth penny expenditure. Councilman Wishart amended his motion to add funds other than sixth penny funds; amendment seconded by Councilman Behrendt. Councilwoman Johnston said she did not approve of the lighting because the ballplayers she had talked to said that it is too cold when it is time for lighting; that the lighting is only needed for a short time of the year; and no one has looked into the impaCt of the homes near the ballpark as far as lights at night and noise. Councilwoman Johnston added it seemed like an unnecessary expense When there are many other uses for this money. Mayor Standley pointed out that lighting at Iselin Park had been a budgeted item since 1969. Mayor Standley said the lights that werle' no~t~beingi~usedi-on¥~Ma~n street would go onto the Rio Grande parking area, and the lights originally purchased for the Rio Grande property, which are focus lights, would be installed at the ballpark. All in favor with the exception of Councilwoman Johnston, motion carried. 2. Wagner Park- Baseball net. Armstrong apprised Council of the recurring problem of Wagner Park broken windows during baseball games at Wagner Park. Armstrong offered Council two baseball net solutions. Planting ten to twelve blue spruce trees in the southwest corner of the park Armstrong told Council that it was a little late in the season to plant trees, and he had priced them at $400 each. The alternative is a temporary type screen like a batting net which could be installed for the summer and taken down in the fall and then plant the spruce trees. Armstrong told council he felt that the school could use the net for batting practice and the school may be willing to purchase it from the City after this summer. Mayor Standley told Council he felt this would be a courtesy to the lodge owners in the area, as well as protection from other dangers such as hitting pedestrians, cars. etc. Councilwoman Pedersen moved to approve the purchase of the net; seconded by Councilwoman Johnston. All in favor, motion carried. 3. Children's Park. Councilman Behrendt said that Armstrong's memorandum designed this Children's park as a neighborhood park. tt was not conceived as a neighborhood park but one place Park in the City where small children could play on regular playground equipment. Armstrong said his feeling was that he would rather have the equipment in the park that people would use. Councilman Behrendt pointed out when this park was budgeted, the idea was for a playgrOund with swings, merry-go-rounds, etc., not baseball and basketball. Councilwoman Johnston agreed that this should be a place for small children and stated she would like to see a Site plan of the proposed park. Mayor Standley appointed Councilmembers Behrendt and Johnston as a committee to work with Armstrong on the implementation of the children's park. 4. IDCA Playground furniture. Armstrong told Council he was asked to go and look at a IDCA Play- piece of apparatus that was at the Design Conference. The Design Conference o~fered ground to sell this playground equipment to the CitY for $8,000. On a lease-purchase type furniture agreement, it would cost the City $1,000 to keep the equipment for the rest of the summe~ to see if the City wanted to purchase it and then apPly the $1,000 to the purchase price. Councilman Behrendt stated that the group of people who want this piece of equipment ha~evolunteered to raise the $1,000 out of their private funds, and they are juSt asking the City for a place to put this piece of equipment. IDCA play- ground Councilwoman Pedersen stated that she could not support the acquisition of this equipment furniture as she feels it is a very dangerous piece of equipment. There are no safety factors, there are open metal baskets at the ends of the joints, and pro3ectlles that can cause injury at the corners. Councilwoman Pedersen pointed out that last week a girl had dislocated her knee playing on this equipment. Councilman Behrendt moved that the City Manager and Parks and Recreation Director be empowered to accept and place this particular item as they see best, granted that the private community raises the funds to fill the lease (leasing it for the summer with a lease-purchase option); seconded by Councilman Parry. Councilwoman Pedersen questioned the liability factor when renting a piece of equipment and putting it on City property. Councilwoman Johnston asked if we were liable for the equipment if the private funds did not come through. Councilman Behrendt said we had no liability. City Attorney~f Stuller explained that the City could add this piece of equipment to our inventory included as a municipal improvement. If the piece is extra hazardous, the insurance company may not want to cover it. City Attorney Stuller suggested advising Aspen Agency of this piece of equipment and if they don't want to insure it, then the City does not have to accept it. Councilman Behrendt amended his motion to add pending acceptance by the Aspen Agency for insurance; Councilman Parry seconded the amendment. Councilman Parry pointed out that skiing was far more dangerous as was bicycle riding, and that children get hurt doing many things. Councilman Parry said he did not feel this was a dangerous piece of equipment. All in favor with the exception of Councilwoman Pedersen; motion carried. Citizens CITIZENS LIGHT RAIL DESIGN CAUCUS - City portion of the funding Light Rail Design County Commissioner Dwight Shellman was present to ask if the City Council was willing Caucus to fund the design process, which is nearly complete. The whole process will cost $20,000; $10,000 from the City and County each. Shellman requested the City consider funding from the seventh penny at least to matching County funds but not to exceed $10,000. Councilman Behrendt noted that City taxpayers may feel that they have-paid for this design process twice; once through county taxes and then through city taxes. Councilman Behrendt said he was sympathetic with what was going on, but he didn't feel it was fair to double tax the citizens.. Shellman pointed out that the County's ~ncome came from various sources and the taxpayers were not being taxed twice. Howard Ross, of Ross & Associates, Railroad Consultants, gave Council an overview of the design process. Ross told Council that the citizen participation was a very good idea; they had come up with a better design, better rolling stock and a better service area, better service to the airport and the intercept parking lot. The Hagen equipment that the design caucus picked out is superb. Ross told Council that there were still a lot of loose ends such as the spur up to Highlands has had no engineering work. On the proposed revised alignment to Snowmass, there has been no communication with the Urban Mass Transportation Administration (UMTA). Ross said there was some concern that the operating costs ought to be examined more closely. The Design Caucus wants to reassure the community that they are not biting off something that cannot be afforded. Ross also said there is not enough money to publish the report. Ross also told Council that UMTA may want further engineering tests of the system. The local financing options need to be followed through and the allocation of costs to public and private interests needs to be examinsd. Ross said that if the City would match the county's fund on this and permit the design process to be followed through, Ross said they would come up with a first rate project. Shellman went over the budget items submitted ~o Council by.the Citizens Transit Design Caucus. Most of the items listed on the budge~ sheet have been spent or are encumbered. The budget sheet indicates a total of $14,278 through June 27, 1975. Mayor Standley pointed out that there would be just under $6,000 left from the $20,000 requested funding and asked Ross if everything he wanted to get done could be done for $6,000. Shellman said they planned to make an estimate of the engineering work to be done so that they could apply to UMTA for a grant to fund this engineering work. The Design Caucus would like to tie up the report to a better level of finish that will hopefully be sufficient to get a grant from UMTA for engineering and perhaps a test track grant. This extra money will be used to tie up as many loose ends as possible. Mayor Standley pointed out that the new Council was committed to a $10,000 figure and felt they should support because the vote in the May election supported train. Will this $10,000 figure get the City and County a decision from UMTA or just an endless feed of money. Shellman answered the first priority was to cover the money already spent on the design process. With the $5,000 reserve, Shellman asked Council if they wanted to specify how the money should be spent. Ross pointed out that this community was asking for a grant and had done a lot of groundwork, which would put them in good stead with UMTA. If after considering the grant, UMTA asked for other information, then the City and County could ask UMTA for a technical studies grant. Councilwoman Pedersen pointed out the $10,000 appropriation had to be done ~egi~a~ivly. Council decided to read the ordinance for the first tame at their regular meeting July 14. Ross reported to Council that he wanted to draft the report by Friday, June 27th. Ross said his final goal was a good, tight report to present to UMTA. Mayor Standley asked what would happen if everything was there in the report except the alternatives and UMTA told the City and County to go back and work up an evaluation of alternatives. Shellman and Ross told Council that UMTA will fund a technical application grant to look into the alternatives. Ross pointed out that UMTA may not give the City and County a capital grant until they are assured that the costs and so forth are solvent. Also, this is a rural application and $500,000,000 of UMTAs money is for rural trans- portation. Shellman reiterated that the $20,000 funds was to produce a very reliable citizen design report. The rest of the goal is reaction through UMTA. Councilman Wishart moved to direct City Attorney Stuller to draft an ordinance appro- priatin~$10,000 to the design process; seconded by Councilwoman Johnston. Council decided to treat this as a regular ordinance rather than an emergency ordinance ~ so that public notice and public hearing time could be given since this is public money. Councilwoman Johnston pointed out the amportant thing is that UMTA has the assurance that the City is behind the design process and the report. This motion would give UMTA that assurance. All in favor, motion carried. Mayor Standley asked Ross and Shellman if they anticipated the trip to Washington before the next Council meeting. Shellman said no, the trip was not necessary at this point because the application to UMTA was still in the preliminary stages. WATER RIGHTS AND GEOTHERMAL POSSIBI.~ITIES John Musick, Vranesh and Musick of ~oulder the City of Aspen's water attorney, submitted Minimal a letter to Council and explained that the City of Boulder had taken steps towards Stream flow lending credibility to a minimal stream flow claims. There was legislation provided for this type of arrangement two years ago. Boulder acquired water rights from IBM using these rights to provide a live stream during periods of low flow. Musick told Council he thought this was a good idea and that the City of Aspen could use their water resources for this purpose. Minimal stream flow requires little work or money. Musick also told Council that the Governor would like support in this area, especially by munacapalities and counties. Musick briefly outlined the matters of litigation that the City of Aspen as involved in. Litigation Most of these are just to protect the City's rights; filing on wells, seeang that the water rights City has a secure priority date. One litigation the City is involved in as a claim by Mills E. Bunger which is an application for 190,000 acre feet of water out of the Crystal, Maroon and Castle creeks. The City has substantial interest in seeing that his claims are defeated. There have been depositions in this case, and Vranesh and Musick are procuring with filing a motion for summary judgment to have the claims denied. There are two litigations against the Twin Lakes Resevo~r and Canal Company in which the city and county have joined together in joint participation. The first case the city and county won, it is on appeal. The city and county didn't make that much water available in winning this case, but did keep Twin Lakes from diverting water. Twin Lakes basically claimed an additional 100 cfs water through the tunnel to the eastern slope. The second case against Twin Lakes is significantly more substantial. It will be briefed before the water judge sometime in August of September of this year. This ~ was a difference of 20,000 acre feet of water which would mean that the Roaring Fork would not roar again if the city and county are not successful. There are other matters of administrative importance. City Attorney Stuller working with Vranesh and Musick have.been able to stop some threats of litigation. The City has appropriated some money for work on the ditches. Musick said he felt this was a very good idea and would like to see more of this done. Musick said the Council on behalf of the City would have to take affirmative steps to ansure that domestic water supply is available in even the driest years. Musick stated the City should prevail upon people who built homes around ditches or even filled them in to rebuild them. Musick informed Council there was a direct relationship between water law and geothermal Geothermal energy. Vranesh and Musick have done some work in this field for other clients. In possibilities September 1974 Musick submitted a geothermal water rights application to City Attorney Stuller for informational purposes. Musick told Council there is geothermal potential in this area, but an engineering program to find out how much energy there is would probably cost $1,000,000 and then $10,000,000 drilling wells. Musick said he could not recommend this as a program for the City to proceed on; however, there is Federal money and foundation grant money to study these alternative energy sources. Musick recommended that the City look at this carefully and look at the funding sources. Geothermal energy would provide heat in place of natural gas, it would provide electricity. Musick told Council that Vranesh and Musick have started representing several large industries that are having their natural gas suppl~ cut off progressively. These companies are turning to coal which will put a raia on Colorado resources due to the lack of natural gas. Public Service Company of Colorado is looking into geothermal possibilities as are several groups in Glenwood Springs so it is not a wild scheme, but there are some incredible costs that go along with just drilling one test hole. All major industries in this country are looking for other sources of energy. Councilwoman Johnston questioned the hazards involved with the minimal stream flow, would the City loose rights to the water. Musick answered that basically the rights would not be decreed for this.purpose and the City has to be careful how the rights are used. A resolution for minimal stream flow would have to be studied very carefully in order to protect all the city's water rights. Mayor Standley told Council there seemed to be a lot of money and enthusiasm available right now for funding and studying geothermal energy. Mayor Standley asked Musick was the risk was if we filed for geothermal rights. Musick answered that .it cost money and ~ the City may be pressed by the water board into action much faster than we were ready for. Mayor Standley asked what the process the City should go through to enable the Council to make a rational decision on whether to proceed in geothermal energy field. Musick said Council should determine what Federal funds are available for studies and where to go from there. If the funds are available, the Council should have a next step. The City would probably want to work with a large energy producer, someone that has been in the field~ If there is any competition in this area for geothermal rights, this should also be weighed. The steps Musick recommended are find out if the money is available, if the City could be the recipient, if they require some kind of filing or demonstration of the City's intent, and then get into a study. Mayor Standley and Councilwoman Pedersen volunteered to look into the funding sources for a geothermal energy study. Mayor Standley asked City Attorney Stuller and John Musick to explore the resolution from Boulder on minimum stream flow to see if it is appropriate for the City to draft one. Councilwoman Pedersen moved to direct the City Attorney to explore the minimum stream flow possibilities and if appropriate, draft a resolution for the City of Aspen; seconded by Councilwoman Johnston. All in favor, motion carried. Bicycle CITY OF ASPEN/PITKIN COUNTY BICYCLE COMMITTEE Trails John Stoller, Connie Harvey and John Faulkner appeared before Council as part of the City and County citizens committee advising and involved in building bicycle trails. Stoller had a map of present bicycle trails and some priorities the Bicycle Committee would like taken care of. The Committee asked that Hopkins and Hallam streets be designated as bicycle roads rather than using Main street. Other priorities are to line up the bicycle path through the Trueman property by paving, and to have a paved underpass beneath the Castle Creek bridge, and an ~mproved path on Cemetery Lane. Stoller reported to Council that the Committee was working with the County to ex~end the golf course trail to the Airport Business Center. The Bicycle Committee feels with these improvement and well maintained trails, people will be encouraged to ride their bicycles. Councilman Behrendt suggested examining using the Midland right-of-way against the mountain as a bicycle path. Mayor Standlsy said the Parks Association is supposed to be working with Councilwoman Johnston and Francis Whitaker on developing the alleys for bicycles and cross country ski trails. Mayor Standley pointed out that the City had not budgeted for bicycle paths. The City has put the emphasis on recreatIon programs and the county put their e/nphasis on the trails. The planning office has been working on bicycle trails and will be presenting this to Council in a study session. The planning and zoning commission also has been studying this. Mayor Standley suggested that the Bicycle Com~itte be scheduled with P & Z and let the Council know when this is an agenda item so that the Council could attend the meeting. SKATE BOARD CONTEST Skate Chuck McIntrye of Ski Country Sports told Council they would like to have a skate board Board contest down Mill street on July 5. McIntrye had asked businesses on Mill street if they Contest would object to having the street closed for an event such as this. Their answers were Mill st. a unanimous yes. Ski Country Sports was asking Council's permission to have Mill street closure closed. Mayor Standley asked what part of Mill street; McIntrye said from Durant south. City Attorney Stuller asked if Ski Country Sports had participant insurance. McIntyre said they planned to have the participants sign a waiver on the applicant. Mayor Standley pointed out the City cannot be participant to anything that the City cannot get insurance on and unless Ski Country Sports can indemnify the City, the City cannot get involved in something as high risk as this. Mayor Standley said he would call a special meeting if Ski Country Sports could get insurance. INSULATION ORDINANCE Insulatioi Hal Clark, County Land Use Administrator, submitted County and State legislation on ordinance insulation. Clark explained that there were two parts to the insulation code; specific requirements rating the walls, foundations, floor, ceiling; and design flexibility. Clark was asking Council to consider adopting an insulation code into the building code. Clark and Ron Shore explained to Council that houses lose 40 per cent of energy through cracks in construction. Due to the rise in natural gas and electricity rates, an insulation code would help save energy and money. Clark said he felt that the extra cost in construction to meet such a code could be amortized in one to five years ~n energy savings. Clark told Council he had conferred with builders and with architects on this code. They had agreed to the need for this and felt with design flexibility provision it would not be too restrictive. Clark stated that the present building code is contra productive to energy savings. Councilwoman Johnston said the county has put this code up to review in slx months and suggested that the City not do anything until that time and then take advantage of what the county has learned in six months. Council agreed with this. HOUSING AUTHORITY Housing Brian Goodheim, County Housing Officer, presented a report a County resolution to Council. authority Goodheim explained to Council there were Federal, state and local funds that could be policy used in the housing area. The Housing Authority would like more detailed housing informa-ll and plans tion, a housing inventory, and perhaps a housing assistance plan. Goodhelm said he felt he could get HUD 701 monies from Council of Governments. Bill Kane, planner, told Council he planned to ask COF for $5,000 to $6,000 to develop a housing assistance plan. Goodheim told Council that ownership of housing is a key element in this program. Right now there are problems with availability of long term rentals. As a stopgap measure, there is a rental clearinghouse. The continuing option program would be a program to deal with the ownership issue, and would prevent large price acceleration. The option would remain with the housing authority to repurchase the units. The housing authority would try to provide 95 per cent financing. This program would be for people who live and work here who need shelter housing, and would act as an incentive to stay in Pitkin County. Goodheim requested a definition from the City Council of their housing policy. Mayor Standley stated that Council had decided unanimously that housing is a priority item even to the point of putting money into the housing issue. Councilmembers Wishart, Pedersen and Mayor Standley were appointed as a housing subcommittee to work with Goodheim. ZONING OF STAN JOHNSON PROPERTY Zoning of Stan Johnson The planning department explained to Council that this property was Hunter street vacated property on the south side of Durant street. The adopted zoning map showed this zoned as C- conservation which allows very little development potential. The reasons it was zoned this was were (1) in the Urban Design Plan there was a need to maintain open space and access to Aspen mountain and (2) the C-conservation zone was not viewed as confiscatory as the property has three different easements that criss-cross the property. The property is 1250 square feet of lrregular shape and is subject to setback requirements. The planning office does not feel that the site has development potential. The planning office gave this information to Council because there might be legal action to force some sort of compensation. The planning office added that they had not been able to adequately locate the property nor have been able to see a plat. The planning office goals are open space and access to the mountain, and they wanted to make the Cohncil aware that the application of C~conservation zoning was not a mistake. Mayor Standley said he felt that when using easements as a means of determining land use, this should be up to the owner. The City's role should be determining what is appropriat land use consideration without easements. Yank Mojo told Council that all the easements either preceded the sale of the property or were granted at .time of the sale. Mayor Standley pointed out that properties on both sides were zoned Commercial/Lodge and the piece ~n the middle should be the same. City Attorney Stuller said the planning office was saying that this piece of property was appropriate for conservation for the various planning reasons listed above; secondly Kane's argument with rsference to the easements is that it was not confiscatory zoning because the land had little value on its face. City Attorney Stuller told Council if the owner, Stan Johnson, is unhappy with the zoning, he should apply for rezoning and go before the P & Z and get a recommendation and then come to City Council for formal action. City Attorney Stuller further told Council it was her understanding that the planning office zoning this piece of property C-conservation because it was under skier's ease- ment. They asked the Ski Corp if they objected to having this property zoned conserva- tion, and they approved the zoning. Johnson said he felt the planning office had singled out his one lot for C-conservation zoning as all lots around it were zoned C/L. Mayor Standley said he was seeking clarification of this particular zoning and had received it. Mayor Standley told Johnson that planner Kane could explain the process for rezoning, and that is the way Johnson should go. PIZZAGALLI UNDERGROUND PARKING REPORT Underground parking study City Manager Mahoney had submitted to Council a report from Pizzagalli. This report was the first step in the enquiry of feasibility of parking under Wagner or Rubey parks. The planning office submitted a memorandum critical of the depth of this study. Mahoney was asking Council if they felt the Pizzagalli report merited further consideration. Councilmembers Behrendt, Johnston, Wishart and Pedersen indicated they were not interest~ ; Mayor Standley and Councilman Parry indicated they were. Councilman Parry said he thought that Pizzagalli would fund as well as build this park- lng structure. Mayor Standley said that Pizzagalli would do the construction, but the City would fund it. Councilman Parry said in that case, he was no longer interested. City Manager Mahoney ~cld Council he would write Pizzagalli and inform them that Council was no longer interested in underground parking. 700 HOPKINS APARTMENTS - Conceptual Subdivision Review 700 Hopkins Apartments Yank Mojo of the planning department told Council this was a project to condominimize an existing apartment building. The present building contains 15 units presently occupied by 21 people. Under subdivision, the occupation could go up to 28 or 29 people. The planning office is recommending that the zoning for this be R-6. The only concern of the planning office is that adequate parking be provided and that leases be covenanted to six months at least. The planning office reported they had no problems with this subdivision. Councilwoman Johnston asked Mojo if when going to 28 or 29 occupancy would units be adde~ Mojo said no. Mayor Standley asked what the planning office had in mind for adequate parking. Mojo pointed out there was a continuous curb cut along Hopkins and cars parked up on that strip. If it is taken ou~, it would eliminate parking places. Councilwoman Pedersen moved to approve the conceptual subdivision design qualifying that the present curb cuts shall remain and the off street parking shall be kept in tact and that the units be covenented for six month lease; seconded by Councilman Behrendt. All in favor, motion carried. CENTENNIAL PARK SUBDIVISION The applicants for this subdivision were not present. CITY EMPLOYEE RETIREMENT PRO'GRAM Mayor Standley suggested that this proposed ordinance be referred to the Finance Committee for review and work to develop a final draft. Mayor Standley also suggested including the county in this retirement program plan. The Finance Committee meeting was scheduled for 10:30 a.m. Friday, June 27. MALL PLAN Mall maste~ Bill Kane, City-County Planner, told Council the Mall Commission had accomplished two plan things; adoption of a general master planf~ and a firm first phase in future mall development. That master plan involves several major elements; closure of Galena s~reet, closure of the extension of Hyman street from Hunter to Monarch and from Cooper street up to Hunter street, Galena from Cooper up to Durant. Kane showed Council a map of this master plan that will be the basis upon which the Mall Commission will proceed. The first phase has Mall Planner Greg Cole working in preliminary design consideration, what will go in these streets and what the mall will look like. This is for budget proposal to go before Council for final Mall construction for these streets. 'Cole presented some design sketches to Council that were the first pass at designs for each individual street in the mall. The Mall Commission will review these and come up with final recommendations to Council. Mayor Standley recommended to Council to spend time in the planning office. If Council people had personal concerns about the mall, they should take them to Cole so they can be included in the budget proposals. ORDINANCE ~37, SERIES OF 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance 937, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~37 (Series of 1975) 0rd.37,75 City AN ORDINANCE APPROVING THE ENTRY OF THE CITY INTO A LONG TERM LEASE Manager WITH DICK WHEELER, INC., FOR THE USE OF A 1975 CHEVROLET ONE-HALF TON vehicle TRUCK WITH ACCESSORIES; FURTHER PROVIDING THAT SAID LEASE SHALL BE FOR A PERIOD OF TWENTY-FOUR (24) MONTHS AND PROVIDE FOR THE PAYMENT OF ONE HUNDRED FORTY-ONE AND 90/100 ($141.90) DOLLARS PER MONTH, ALL AS PROVIDED THEREIN was read by the city clerk. Councilman Behrendt moved to adopt Ordinanace ~37, Series of 1975 on second reading; seconded by Councilwoman Pedersen. Councilwoman Johnston questioned the need for a pickup for the City Manager's vehicle. Mahoney answered it was warranted because of the various sites, construction, filter plant he had To go to in the winter. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #38 SERIES OF 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance 938, Series of 1975; seconded by Council- woman Johnston. All in favor, motion carried. ORDINANCE ~38 (Series of 1975) Ord.38,75 AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY 700 HOPKINS AVENUE Annexing APARTMENTS, A GENERAL PARTNERSHIP (SAID TRACT CONTAINING 2272 SQUARE 700 Hopkin FEET, MORE OR LESS) AND ANNEXING SAID PROPERTY ACCORDING TO THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~38, Series of 1975 on second reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~39, SERIES OF 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. 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 0rd.39,75 EXPAND THE ENFORCEMENT AUTHORITY OF THE FIRE MARSHAL (AND CORRESPONDINGLY Fire REDUCE THE AUTHORITY OF THE FIRE CHIEF) TO DETERMINE THE TYPE AND NUMBER Marshal OF FIRE APPLIANCES THAT MUST BE INSTALLED (SPRINKLER, FIRE HYDRANT, STAND- authorities PIPE, FIRE ALARM AND PORTABLE FIRE EXTINGUISHER SYSTEM) AND RESPONSIBILITY FOR INSPECTING INSTALLED SYSTEMS was read in title by the city clerk. Councilwoman P edersen moved to adopt Ordinance ~39, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Behrendt, aye; Wishart, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. PLANNING DEPARTMENT CONTRACT Mayor Standled noted there had been a modification in this contract. The Urban Economis' Planning office should remain as a separate department; however, access by the county will be .available contract to the economist through contract with the planning office. This still allows the planning office to be a separate entity and makes the economist a contract consultant. Kane told Council that the County Cormmissioners had approved and signed the contract at their meeting. City Manager Mahoney said he had no problems with this arrangement. Councilwoman Pedersen moved to approve the planning department agreement; seconded by Councilman Behrendt. All in favor, motion carried. PETITION FOR ANNEXATION OF ENCLAVES City Attorney Stutler submitted a Petition for Annexation for three enclaves within the City of Aspen as requested at an earlier Council meeting. Councilman Behrendt moved to approve the Petition for Annexation and to authorize Mayor Standley to sign it; seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION 931, SERIES OF 1975 Councilwoman Pedersen moved to read Resolution ~31, Series of 1975; seconded by Council- man Behrendt. All in favor, motion carried. RESOLUTION ~31 Res.31,75 ~eries of 1975) Annexing Enclaves WHEREAS, there has been presented to the City Council for its consideration, a Petition for Annexation for the annexation of three (3) enclaves within the City of Aspen, more particularly described as: Parcel A Lots 4 and 5, Pitkin Mesa Subdivision, Block 1, containing 0.739 acres, more or less. Parcel B Lot 7, West Aspen Subdivision, Filing 1, containing 0.348 acres, more or less. Parcel C A tract of land in the NW~, Sec. 12, T10S, R85W of the 6th P.M., more fully described as follows: Beginning at a point when the one-quarter corner between Section 11 and Section 12, T10S, R85W of the 6th P.M. bears S.46°08'15'' W. 1394.64 feet; thence S.13°34' E. 200.00 feet; thence N.76°26'E. 122.30 feet; thence N.25°14' W. 204.22 feet; thence S.76°26'W. 81.00 feet to the point of beginning, containing 0.47 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 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 of Annexation of the above described tracts 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 the tracts proposed for annexation, are incorporated lands entirely contained within the boundaries of the City of Aspen, have been so surrounded for a period of not less than three (3) years, and are eligible for annexation under Section 31-8-106(1). 1,805: Regular Meeting Aspen City Council June 23, 1975 Councilwoman Pedersen moved to adopt Resolution ~31, Series of 1975: seconded by Councilman Behrendt. Councilwoman Johnston brought up the problem about annexation and remaining on Holy Cross, and should this be a consideration when land is annexed. Mayor Standley said this should be an element of Council's directive to the planning office when developing or annexing land. City Attorney Stuller said Council could pose that as a condition when the applicant comes to the City asking to be annexed. All in favor, motion carried. City Attorney Stuller asked for permission to contact the owners independently and let them know what is going on. They have a protest period with the ordinance being published and read twice. Council agreed. City Attorney Stuller also brought up Council's earlier request to annex two other areas of the City that are approximately two-thirds surrounded. City Attorney Stuller said that process is very complicated and asked if the Council was still interested in going ahead with this. Mayor Standley asked for a memorandum explaining the procedure. Mayor Standley told Council he would take a telephone pol.t of the land owners involved and report the results to Council. ORDINANCE #40, SERIES OF 1975 Councilman Behrendt moved to read Ordinance ~40, Series of 1975; seconded by Councilwoman Pedersen0 All in favor, motion carried. ORDINANCE ~40 (Series of 1975) Ord. 40,75 AN ORDINANCE ANNEXING TO THE CITY OF ASPEN A TRACT OF LAND CONSISTING Annexing OF APPROXIMATELY THIRTY-NINE (39) ACRES ADJACENT TO THE CITY OF ASPEN Thomas WHICH TRACT IS COMMONLY KNOWN AS "THE THOMAS PROPERTY", AND ANNEXING property THE SAME PURSUANT TO THE AUTHORITY OF SECTION 31-8-106(3) C.R.S. 1973, OF THE COLORADO MUNICIPAL ANNEXATION ACT was read in title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~40, 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. Motion carried. ELAY CONSTRUCTION DISTRIBUTORS CONTRACT Mayor Standley asked that Council hold off on this issue until everyone has had a chance to read and discuss it. City Manager Mahoney told Council he felt it was an opportune time to look into City bonds refinancing the City's bonds. Joe Barrows has recommended that the City look into re-funding certain of our bonds. Councilwoman Pedersen moved to adjourn the Council meeting at 9:15 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. K~uter, City Clerk