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HomeMy WebLinkAboutminutes.council.19750825Regular Meeting Aspen City Council August 25, 1975 Mayor Standley opened the meeting at 5:08 p.m. with Councilmembers De Gregorio, Johnston, Parry, Wishart, and City Manager Mahoney present. MINUTES Councilman De Gregorio moved to approve the minutes of July 28, July 31, and August 5, 1975, Council meetings; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Mayor Standley reminded Council that Accounss Payable had been tabled at the August 5th meeting. Councilman De Gregorio moved ~o approve the accounts payable for August; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1) Bob Van Waggoner of the Hang Gliding Association asked the City Council to have the City Attorney look into a way to indemnify the City against the hang gliders in case of Hang a crash when landing on the Thomas Property. The Hang.G~iding Association wants to make gliders the City non-liable so that they can continue to land on the Thomas Property and also landing get permission from the~ ~ty to land there. City Manager Mahoney told Council he was on Thomas in agreement with their request and would like the City Attorney to look into what type of insurance the hang gliders could buy. Mahoney said he understood that the Thomas property Property was an ideal site to land. Mayor Standley asked about the horses on the Thomas property. Mahoney said that issue had been resolved. Councilman Behrendt came into Council)~ambers. Councilman De Gregorio pointed out that groups may want to use this property for more active recreation and that past Councils had indicated they wanted this land for more passive-type recreation. Mayor Standley said that the Country Day School used that area every day. Council indicated they were not interested in seeing any developed recreation. Mayor Stanldey said this as citizens' land and people can use it for anything they want as long as they are not constructing goal posts, e~c. Council did not object to having Mahoney and the City Attorney work out an agreement with Van Wag~oner. Mayor Standley pointed out this should not invclved any out of the pocket expenses from the City. 2) Shady Lane addressed Council on a problem with the police department. Lane told Police Council the Leadville police had requested his son's police record and there are two Dept. items on the record that are not in the police file. Lane had tried to talk to the Chief complaint of Police about this and had received no satisfaction. Chief of Police Hershey explained against to Council the method for having the records expunged. Hershey also told Council he had told Lane to talk to the Records Sergeant. Councilwoman Pedersen entered the Chambers. Shadt Lane also told Council he had observed police cars driving down the one-way alleys the wrong way apparently not an pursuit of anyone. Mayor Standley directed City Manager Mahoney to get a transcript of Lane's complaint about the police department and the Council would study it. 3) Betty Farson told Council she felt the communaty was concerned about the car, trans- Car-free portation and the resulting problems, and she had come up with the idea of having a car- day free day in Aspen. The Ch~ber of Commerce has agreed to sponsor this, the County Commissioners have agreed to endorse it. Garson said she would need help from the City to make it workable. Gerri Fox of the Chamber read a letter that would be sent out to groups and organizations seeking their help for this car-free day. Councilman Wishart moved to endorse the car-free day end-give help within proper channels of the city government; seconded by Councilwoman Johnston. All in favor, motion carried. COUNCILMEMBER COMMENTS growth 1) Councilman Behrendt requested a work session to discuss where the Council stands in work terms of growth and how to handle the growth that is occurring. Mayor Standley agreed session with the idea. The meeting was set for Tuesday, August 26, with the planning department. Councilwoman Pedersen told Council some local citizens had contacted her on developing recreation facilities in back of the Ice Palace and suggested that these people be at the August 26th meeting to discuss their ideas. 2) Mayor Standley publicly thanked Phil Sullivan of the Sinclair station and Jim Palazzi gas station of the Texaco station for taking down their gas station signs. Mayor Standley said he felt it was a fine gesture and the City should appreciate that they were willing to do signs this in a competitive business. 3) Mayor Standley asked if there were any interest on part of the Council to ban the Recreation use of recreational natural gas devices; torches, fireplaces, etc. There is a moratorium uses of against new gas hook ups; the City may run ou~ of natural gas. If the City is energy natural conscaous, they should ban the aesthetic use of something that is a scarce resource. gas device~ Mayor Standley said he felt the City should eliminate that kind of use of natural gas around Aspen. These aesthetic devices could be converted to propane or electricity which would not create a hardship on the rest of the community. Councilwoman Johnston suggested asking people with these natural gas devices to conver voluntarily. Councilman Behrendt suggested asking people who have pools and heat them in the winter to cover them when not in use. This ought to be voluntary compliance at first, too. Mayor Standley said he felt that a rule against putting in natural gas features ought to be part of the building code, ought to be on the rule books. Mayor Standley said he would talk to the City Attorney and write a letter asking people for voluntary compliance. TOUCHSTONE MENTAL HEALTH CLINIC - Budget Request Jean Jaffe, President of Touchstone, and J. D. Muller presented a budget request to Touchstone Council. Jaffe told Council that unless Touchstone received support from the community, budget the city and county, they would have to close their doors. Jaffe told Council Touchstone request was having a deficit of $2,00G a month for the last six months. Touchstone has been operating for seven years. Eight or ten people have supported Touchstone over these years. J. D. Muller had submitted a budget summary and request to Council. The County Commissioners had granted Touchstone interim financing, and Touchstone agreed to try to find additional financing. Touchstone was present before3C~uncil for budget requests to get them through to January 1, 1976, and also to consader long-term financing for Touchstone. Muller told Council that Touchstone runs on an average a $20,000 deficit; this is costs over the fees Touchstone actually collects. This is in effect $20,000 of subsidized ITouchstone- counselling. A majority of this counselling is for people who cannot afford to pay the. budget full amount. Touchstone is not in conflict with the services provided by Open Door. request Muller asked the Council to share the interim funding with the County for Touchstone, to split the $10,000 needed equally. Mayor Standley said he felt at least four things should be considered as a part of the total program for Touchstone. The first is the Sopris Mental Health program. Jaffe said there was a meeting planned with Sopris people, the Human Resources Director, and a member from the County. Mayor Standley suggested having a city and county representa- tive because Sopris is providing a public service for this county, and this county is not receiving that service. Councilman Behrendt said he would represent the city at the meeting with Sopris. The second item Mayor Standley pointed out is that there should be a way of consolidating activities of groups such as Touchstone and the Visting Nurses Association by putting them in the same clinic and combining the staff. Jaffe told Council they would be happy to try this system; she felt that Touchstone and the VNA were not duplicating any services. Mayor Standley said he felt there were areas of cooperation in county health service, and it was time to start cooperating in providing total health service for the county. Mayor Standley also said that this crisis had to be dealt with, but the long range problems must also be solved. Councilwoman Johnston said she would Work with Touchstone on the long range problems. Mayor Standley suggested to Touchstone they start looking at in-kind services to help cut down the $12,000 fixed costs on their budget. Mayor Standley said that Touchstone should also take a more positiVe business approach in running their business. Mayor Standley said that perhaps Touchstone's budget was too big for the type of operation they were attempting to run. The cost efficiency factor should be addressed. Jaffe answered she felt that Touchstone had examined their budget carefully. She felt that the communit' should be helping to support Touchstone, that Touchstone could not do it all themselves. J. D. Muller told Council that TouChstone would be willing to work with Betty Erickson and the City and County in a long range budget program and would be willing to take any in-kind services available. Muller asked Council to fund half of the requested $10,000. The County had granted $3,000 with a promise of more if Touchstone tried to raise the money. Mayor Standley asked Finance Director Butterbaugh if there were any funds available Butterbaugh said there may be a surplus of $32,000 in the general funds, but this would be allocated to the various department. Butterbaugh said there was a good likelihood the City could expect $3,000 t° $5,000 interest off CDs which can go into the general fund. Helen Klanderud, director of Touchstone, told Council that Touchstone provides services to anyone who requests it regardless of their ability to pay. Touchstone is a non-profi~ service and because they provide this kind of service, they run a deficit. Muller also pointed out to Council that Touchstone's budget is dependent on contributions. The Jeep raffle only needed about hlaf of last year's total, and there was no concert Councilman Behrendt said he would like to see the two governments, city and county, work together to get some funding money from Sopris as a permanent, long range budget for Touchstone. Councilman Behrendt moved to grant $3,000 to Touchstone; seconded by Councilwoman Pedersen. This money is to be released as Finance Director Butterbaugh certifies it is available. All in favor, motion carried. PROPOSED TRAILS AGREEMENT WITH THE COUNTY Mayor Standley told County Commissioner Joe Edwards he felt a joint study session on Trails agree- the trails with Parks and Recreation Director Armstrong was needed. Edwards agreed, and ment with stated at a minimum the City and County needed a mutual maintenance, signing, and County patrolling understanding. Edwards told Council that some of the trails the County was considering building were within the City limits, and the City Should have a say in where they go, what bridges connect, etc. The work session was scheduled for Tuesday, September 2nd at 6:00 p.m. WAGNER PARK - Street Assessment Commissioner Edwards told Council he did not know anything about the street assessment, Wagner park nor that there had been a bill sent to the County. Edwards said he thought the County street could work this out and get it paid. Edwards said he would suggest that a principle assessment debt had been established and a 6 per cent figure might be reasonable. Mayor Standley pointed out that the Finance Department had held the line on the 12 per cent interest. Butterbaugh said that if people could establish that they had not received notice, the City would negotiate the interest figure. MAYOR'S DEEDS TO PITKIN COUNTY Mayor's Commissioner Edwards explained to Council there are two parcels of land the County wants deeds to Mayor's Deeds for. The first is the Oden triangle which is just north of Trailhead Park. Pitkin Edwards said that many years ago Bleeker street was platted to the City, then sold off, County and never used as a street. Apparently there is a triangle that was part of Bleeker ~-~ street that was not included in the title chain. The County has been using it for years as part of the County shops. This piece of land is up on the bench. The county is trying to put this property together and clean up the title. The other parcel is behind the old road to Obermeyer, between there and the county parking lot. This embankment has just been purchased by the county from Elizabeth Callahan. It is unusable; it is only about 5 feet wide. The county had been using a portion of this land. The request for a Mayor's deed for this embankment is also to clean up the title. Both of these deeds are based on the county's possessory claim. VACATION OF ALLEY 92 Vacating Commissioner Edwards showed Council an approved plan of the Courthouse work. Edwards told Council they had approached them previously about vacating this alley behind the alley 92, behind Courthouse. The RBH building wanted this alley kept open for garbage collection, access, Courthouse etc. The County agreed they would install an alternate access behind the District Attorney's building. Edwards told Council the HPC had approved the addition of the back porch on the County Courthouse. There would be no access into the Rio Grande parking lot from this area, except for a bus loop. ~ Closure Edwards said they would like to eliminate the parking on the east of north Galena and of north grass this area. This may be the beginning of the Galena street Mall. The access to the Galena RBH building would be sufficient from the new alley. Edwards was requesting official on east permission to vacate the alley and to be able to build the porch over the Sheriff's side department entrance. They would also like permission to expand the sidewalk on north Galena by cutting the asphalt and sodding it. Councilman Behrendt asked if transfer of title for this alley was necessary. Edwards said an easement in perpetuity to have the alley closed and landscaped and a building on it might be worked out between the county and city attorneys. Councilman Parry pointed out one of the major points was to have access to the middle of the block. The trade off for the vacated alley to the one being built to service the RBH building would work. Edwards said they would dedicate the new alley as a public access, and it would take people to the same P~0%nt. Mayor Standley mentioned that the City Engineer objected to both Mayor's deeds. Mayor Standley said the3C~llahan deed seemed to merely clear up a title. The City Attorney indicated an a memorandu~ the City may have title to the Oden triangle and should keep title to it. City Engineer Dave Ellis pointed out that the way the Catlahan Mayors deed was written, part of the alley was included in it. The City would retain public utility easements an the alley if it were vacated. Counc±lman W±$hart moved to approve the MaTor'$ Deed for hots A, B, K, L, M, N, 0 and P Block 92, CITY AND TOWNSITE of Aspen; and all that portion of the Southwest Quarter of the Southwest Quarter of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian described in deed to David R. C. Brown, recorded May 4, 1893 in Book 115 at Page 229, laying Northerly of Lots 1, 2, 3 and 4, Block 19, EAST ASPEN ADDITIONAL TOWNSITE, and lying Westerly of the Northerly extension of said West line of said Lot 13; seconded by Coundilman Parry. All in favor, motion carried. Councilman Parry moved ~o table the Mayor's deed for the Oden triange; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Behrendt moved to direct the City Attorney to develop the contract for the dedication of the alley; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilwoman Johnston moved to close the east side of Galena street; seconded by Council- man Behrend~. All in favor, motion carried. Financing Commissioner Edwards gave Councilmembers a copy of the Citizens' Light Rail Transit light rail Report, and told Council that a Resolution from the Ski Corp agreeing to help finance transit the rail transit. The Ski Corporation had opted for schedule C of the financing, which would eliminate any bonding necessity. Edwards told Council he would be talking to Highlands and Snowmass to see if they want to joan in the front end money. POPCORN WAGON Popcorn Mayor Standley said the consensus of the Council was (1) Council wanted the Popcorn Wagon in town; want it preserved (2) the Council wants the administration to figure wagon out how to do it (3) Council wants a report from the administration on how to keep the Popcorn Wagon in town. City Manager Mahoney told Council he had met with the building inspector, fire marshal, Phil Sullivan of the Sinclair station, and Cam Johnson, owner of the Popcorn Wagon. Sullivan had said it is all right to put the Popcorn Wagon up against the wall on the Sinclair station property. The fire marshall said the wagon would not present a fire hazard placed up against the wall. The building inspector said that everything would work out if the Council passed Ordinance ~66, Series of 1974. Mayor Standley asked the necessity of passing Ordinance #66, since it would leave the City open for any wheeled- vehicle, with no way of discriminating. Clayton Meyring said he would have no answer to give other people who wanted to do the same thing. Mayor Standley said it seemed that the City could allow the Popcorn Wagon without Ordinance #66, and address the discrimination issue later. By passing Ordinance ~66, it would just g~ve the City a lot of problems. Councilwoman Pedersen pointed out that Mill street was the dividing line between fire zones 1 and 2. The alley between Wagner park and the Prospector Lodge might be an appropriate place for the Popcorn Wagon. This location was objected to because it would place the Popcorn Wagon behind a building and out of sight. Mayor Standley asked the building inspection if the Council did not pass Ordinance #66 and allowed the Popcorn Wagon to be placed at the Sinclair station site, the Council Popcorn was overriding another City ordinance or adopted code, or is this a definitional wagon problem. Meyring said under the building code, this was a structure and they fell within the realms of the building code. Mayor Standley said if it were a definitional problem, why pass an ordinance. Councilwoman Pedersen said she would prefer to wait until the Council had the advice of the City Attorney before taking any action. Mayor Standley said he could see no way to adopt Ordinance #66; the ramification of that ordinance are brutal. Mayor Standley said the issue was not the protection of the Johnson's business, but the aesthetic elements of the Popcorn Wagon. Councilwoman Johnston said she felt the Popcorn Wagon was an Aspen Institution, but the location of the wagon was Cam Johnson's decision. Mayor Standley pointed out that the Popcorn Wagon does need storage, preparation and lavatory facilities. These would not be available in a park, or in the alley next to Wagner Park. Councilman Parry said the location did not have anything to do with this, but whether the Council could allow the Popcorn wagon. Councilman Wishart said since it was the consensus of Council that they wanted the Popcorn Wagon in town, Council should direct the administration to work out a way to have it done. Mayor Standley said the Popcorn Wagon at this point can't legally exist in Aspen. It was on the market at a very, very high price. Mayor Standley agreed to preserving the Popcorn Wagon and making it exist in Aspen. Mayor Standley said if the Council did this, Cam Johnson would have to agree to take this enabling legislation and convert it into windfall profit. This would leave the City at the hands of a new operator who may or may not have the same ~nteres5 in Aspen. Mayor Standley said he felt Cam Johnson should agree that (1) the City has the first right of refusal in the event she wants to sell it and (2) that there be a means of determ±ning market value that is agreed upon. Councilman Wishart moved to direct the administration to work out a way to have the Popcorn Wagon an ~own and added the two above conditions; seconded by Councilman Behrendt. Cam Johnson had submitted a memorandum of the Popcorn Wagon's history to Council. Johnsor told Council that when she moved the Popcorn Wagon into fire zone 2, she was never made aware of any problems in this fire zone. Johnson also said the business of the toilets was initially a state problem, not a city problem. Johnson told Council the Popcorn Wagon must make a decision immediately; if Johnson cannot find a place to move it, she will have to take it out of Aspen. In answer to the windfall profits, the Popcorn Wagon is a real antique which could not be bought for $15,000. Councilman Behrendt said because of the Popcorn Wagon's unique status and an historical object, what if the Council defines the Popcorn Wagon as neither a building or a vehicle. Wouldn't this remove it from the code. Councilwoman Pedersen pointed out the Popcorn Wagon was not a wagon; it is a small, self-contained restaurant that is serving cooked food. The restaurant classification adds the burden of complying with state statutes on sanitation, toilet facilities, etc. The motion was re-stated, the Council approves the location pending the City Attorney's acceptance of Council's rationale, or in the event that the Council's rationale isn't valid, that Ordinance #66 be modified in such a way to become discriminatory and specific, i.e. just historical will not make it because a lot of things can be historical. Maybe that Ordinance could be modified so that the HPC does in fact have the same power they do now. The City would have first right of refusal and a means of determining fair market value. Mayor Standley asked Cam Johnson if she would agree to this approach for the Popcorn Wagon. Johnson questioned the means of determing fair market value. Mayor Standley explained that the Council would not set the fair market value, but the City and Johnson would agree on a means to determine that value, such as comparative sales of other popcorn wagons, replacement costs, or capitalization of revenue. Mayor Standtey said the City was mainly interested in seeing that the Popcorn Wagon is going to be the same Popcorn Wagon that the Council envisions it now. Perhaps in the future the City would want to have the Popcorn Wagon being a permanent part of the mall scene. All in favor of the motion with the exception of Councilwoman Pedersen, motion carried. CLARENDON Outline Development Plan and Conceptual Subdivision Review Clarendon (Brewer, Inc) Mayor Standley opened the public hearing on the outline development plan. Hal Clark, ODP and planning office, presented a plat to Council. Clark told Council that Brewer Inc. was Conceptual an application for conceptual subdivision review and outline development plan for sixteen units located on 1.6 acres which is zoned R-6, mandatory PUD. This site is located to the southeast of Glory Hole park and to the west of the Gant. The project is located in the view plane corridor of Glory Hole park. On July 15th, the P & Z granted conceptual approval and outline development approval with conditions. (1) This project will have to be processed through the Glory Hole view plane regulations of the zoning code (2) a trail easement must be obtained on the south side of the property agreeable to the city and county engineers and city/county planning office. Clark said there had been some problems with this ~ecause there were so many large trees in the area wanted for a trail, along Ute avenue. The ditch with water along this area will be maintained. Bill Kane, City/County Planner, told Council there was no provision for a sidewalk in the plan. Ric Ferrel, of Brewer, Inc., showed Council where the trail would be and said he had agreed to do the construction of the trail through the trees. A standard sidewalk would cut down the trees on the'edge of the property. Mayor Standley said he saw no problem with the trail as long as where it enters the street is marked. Ferrel told Council that if the area is urbanized with a road, sidewalk, and trail, it will cost the trees. Mayor Standley said if Ute avenue is paved, people will use Ute avenue with their bicycles rather than the bike trail. Chuck Brandt, attorney for Clarendon Brewer, told Council that conceptual subdivision was just to look at the general suitabili~ ODP of the land for development. Preliminary approval is when the details of engineering Conceptual are worked out. Mayor Standley said that a much more critical issue is the siting of the buildings and the extension of West End street. The planning office told Council that all discussions were to discourage further vehicular traffic on Ute avenue. Councilman Behrendt asked if in the future the City might not want another access road to Ute avenue. Councilman De Gregorlo agreed, and said that with all the units being built in this area he felt more access would be needed, Don McGovern, property owner on West End street, told Council that Ute avenue and West End streets were totally congested in summer as well as winter. Mayor Standley asked if extending West End street rather than leaving it a dead end would increase the traffic circulation in this area. Councilman Behrendt suggested asking for the dedication of the extension of West End street so that if in the future the City needed it, it would be available. Kane told Council there are several options; Council can accept the dedication, and if sixteen units are accepted there is a relatively monolithic building without much break. Council can accept the dedication and not accept sixteen units. If Council accepts the sixteen units, based on the history of the site, and the dedication; then the site is constrained and the design is forced into a large structure. Kane said the planning office felt they could let the dedication go and spread the units out. Ferrel told Council that under the old zoning this site could have had 48 units. They were going ~o build sixteen units. They have sunk the units in so the highest point in the roof is 16 feet above ground level. They would be low townhouses that step along the property. Ferrel showed Council drawings of the proposed units. Mayor Standley asked if a bigger break between the buildings could be created by moving the buildings laterally. Ferrel said they had designed this project around the existing vegetation, without disturbing anything. Ferrel told Council he wanted their input on whether the City wants the West End street extension or not. If they want to de- emphasize the auto and no~ take the extension, then the buildings can be spread out. Don McGovern questioned the usefulness of the tennis courts, which would be right under his door. Ferrel said it was private property and he would like to build tennis courts for the residents. The tennis courts are in a view plane corridor and would be low. Mayor Standley said the Council had no way of controlling this if they want to construct tennis courts. Mayor Standley reminded Council of two concerns; whether to take West End and keep it available, or whether not to keep it available and to move the units over; to make sure that the path is done the way the City wants it done. Mayor Standley closed the public hearing. Councilman De Gregorlo moved to approve conceptual subdivision/outline development plan providing they meet the stipulations as outlined by the planning office and having them dedicate the land to the City so the City can maintain the right to open up West End; seconded by Councilman Behrendt. Councilwoman Johnston told Council she would vote against this motion because she felt West End street should be closed, and because she is dedicated to the de-emphasis of the car. Hal Clark said it should be made clear that Brewer can use and landscape this property until such time as the City is ready to use it for a street. All in favor, with the exception of Councilmembers Wishart and Johnston. Motion carried 700 WEST HOPKINS - Final Subdivision plat and re-zoning to R-6 700 West Mayor Standley asked Bruce Kistler, attorney for 700 West Hopkins, if he was willing Hopkins - to give up contesting the subdivision dedication requirements. Mayor Standley told final Kistler if he was no~, then this was not proper time to discuss final subdivision. subdivisio] Kane pointed out it was the responsibility of the applicant to submit an appraisal approval on which to determine the subdivision dedication fee. Mayor Standley said Council would table action on this subdivision until a fee determination has been made. Kistler told Council that this subdivision question was before the P & Z for them to decide whether or not to grant an exception to 700 West Hopkins. Council has decided not to make a decision on this final subdivision until P & Z makes a determination. Kistler told Council that the effects of the subdivision dedications rests with the purchasers of the units. Kistler said it would be unfair to them to put this off again and have the finance rates go up. This project is a change in the form of ownership; it is not a subdivision in the usual sense. Mayor Standley told Kistler that the Council would act on the recommendations of the planning office and Brian Goodheim, the Housing Authority Officer. Goodheim has not finalized the fee schedule, and it is no~ appropriate for the Council to take action as long as Kistler is taking an adversary position. Kistler said he did not think it was proper for Council to defer final plat approval because there was a threat of legal action. Kane told Council that the dedication fee, if not mutually agreed upon, would be worked out by an appraiser satisfactory to both parties. Kistler submitted an appraisal from Jim Mollica. Mayor Standley said that the Council had never negotiated a dedication fee on a subdivision. This is done by the planning office and the developer. Kistler told;C~ouncil that the developer had agreed to return to the pur- chasers of the units whom they had charged for the estimated $20,000 subdivision dedication fee. Councilwoman Pedersen said in the amount of time that had transpirted since the beginning of this prosect, 700 West Hopkins ought to have their file complete. Kistler told Council he had been told by the planning office that Motlica's appraisal would be satisfactory. He had not received the appraisal until 4:30 this afternoon. 700 West Kistler said if Mollica's appraisal is satisfactory, he will waive the appeal to Hopkins - _ P & Z. Mayor Standley said the City Council cannot pass a final subdivision approval final without the determination of the dedication. Mayor Standley added that the City subdivision Council has never determined a dedication fee. Councilwoman Pedersen moved to takle final subdivision approval; seconded by Councilman ~ De Gregorlo. All in favor, motion carried. PARK CIRCLE - Final Subdivision Approval Hal Clark of the planning office told Council this subdivision is located on Lot 2 Park Circle of Sunny Park, will contain 12 one-bedroom units, and is zoned R/MF. Clark told final sub- Council this project obtained an exemption from mandatory PUD from the P & Z, and division approval of the subdivision plat. The planning office recommends approval subject to the satisfaction of the city engineer; completion of the subdivision improvement agreement; marketing of units pursuant with an agreement negotiated with the City/ County Housing Authority. Mayor Standley opened the public hearing. Councilman De Gregorio asked if the cash payment in lieu of land dedication had been figured. Jenkins, developer of this project, said the cash payment could be figured on what he paid for the land on the regular formula. Clark said the dedication had not been figured out, but he did not expect a problem. Jenkins said the value of the land is established because he bought it only three months ago. Brian Goodheim, Housing Officer, told Council he had had nothing but cooperation from Jenkins in this project. Goodheim stated he was all for the project. Jenkins said he had designed this project to accomplish the objectives he had heard in P & Z and Council. He feels this kind of hous±ng is needed. Mayor Standley closed the public hearing. Councilman De Gregorio moved to approve the final subdivision plat with the conditions listed by the planning office and the land dedication fee; seconded by Councilwoman Pedersen. All in favor, motion carried. CENTENNIAL PARK - Final Subdivision Approval Mayor Standley opened the public hearing. Hal Clark told Council this is 9 one-bedroom Centennial ~ condominiums units located on 12,000 square feet east of the Larkspur condominiums. Park - final This project received stream margin review approval. The planning office recommends subdivision approval of the project with the stipulations of the city engineer; also limitation of occupancy to six months or greater. Clark explained to Council there would be an extra sheet on the final plat to show the configuration of the units. Earlier Council had ~ objected to the configuration of these units because of conversion possibilities to two-bedroom. Clark said the project developer had basically agreed to pay the appraised value for the dedication. Bayard Hovdesven said he had no problem with the stipulations although he had not anticipated the six month clause. There were no further comments. Mayor Standley closed the public hearing. Councilman De Gregorio asked the price of the units as contemplated for sale. Hovdesven answered about $45,000. Councilman Behrendt moved to approve the final subdivision plat based on the conditions of the planning office and the agreement to pay the subdivision dedication fee; seconded by Councilman Parry. All in favor, motion carried. GAUDINO DUPLEX - Exemption from Subdivision Gaudino City Attorney Stuller h'ad submitted a memorandum to Council explaining the request for duplex - exemption. John Kelley told Council this exemption in no way changed any use. exemption from subdivision Councilwoman Pedersen moved to grant the exemption; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 951, SERIES OF 1975, Monies for the Meadowood Pipeline Mayor Standley opened the public hearing. City Manager Mahoney told Council Henry Ord.51, 1975 Pedersen was working on the project. Mahoney also said that this is all the money he Monies to wanted for the Meadowood project. Mayor Standley closed the public hearing. Meadowood Councilwoman Johnston moved to read Ordinance ~51, Series of 1975; seconded by Councilmar Parry. All in favor, motion carried. ORDINANCE #51 (Series of 1975) AN ORDINANCE APPROPRIATING THE AMOUNT OF ONE THOUSAND FIVE HUNDRED ($1,500.00) DOLLARS OF UNAPPROPRIATED WATER PLANT INVESTMENT FEES FOR THE RESTORATION OF THE MAROON-MEADOWOOD PIPELINE EASEMENT was read by the City Clerk Councilwoman Johnston moved to adopt Ordinance #51, Series of 1975, on second reading; seconded by Councilman Parry. Roll Call vote; Councilmembers Johnston, aye; Parry, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Pedersen, abstain; Mayor Standley, aye. Motion carried. August 25, 1975 ORDINANCE #52, SERIES' OF 1975 - Appropriating monies to the Transportation System Ord.52 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing, Councilwoman Pedersen left Council Chambers Monies to Transpor- tation Councilman Wishart moved to read Ordinance 952, Series of 1975; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 952 (Series of 1975) AN ORDINANCE RECOGNIZING TEN THOUSAND ($10,000.00) DOLLARS RECEIVED FROM PITKIN COUNTY, COLORADO, AND APPROPRIATING SAID AMOUNT, PLUS AN ADDITIONAL NINETEEN THOUSAND ($19,000.00) DOLLARS OF SEVENTH PENNY SALES TAX REVENUES, FOR OPERATION OF THE TRANSPORTATION SYSTEM was read by the city clerk. Councilman Behrendt moved to adopt Ordinance 952, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; De Gregorlo, aye; Johnston, aye; Parry, aye Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE 954, SERIES OF 1975 - Establishing Vending Procedures Ord. 54 Mayor Standtey opened the public hearing. This ordinance establishes the City's right to authorize vending by contract on public rights-of-way. There were no comments. Vending Procedures Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance 954, Series of 1975; seconded by Councilman Parry. Ail in favor, motion carried. ORDINANCE 954 (Series of 1975) AN ORDINANCE AMENDING SECTION 13-61 OF THE MUNICIPAL CODE WHICH AMENDMENT PROHIBITS THE USE OF ANY PUE ~C PROPERTY OR RIGHT-OF-WAY FOR THE STORAGE, DISPLAY OR SALE OF GOODS, WARES OR MERCHANDISE, WHETHER FROM A VEHICLE, STATIONARY STRUCTURE, OR OTHERWISE, EXCEPT AS THE CITY COUNCIL MAY SPECIFICALLY AUTHORIZE BY SPECIAL CONTRACT BETWEEN THE VENDOR AND THE CITY OF ASPEN; AND FURTHER PROVIDING THAT CONVICTION FOR A VIOLATION OF THIS PROVISION SHALL SUBJECT THE VIOLATOR TO A FINE NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS OR IMPRISONMENT FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS. OR BY BOTH SUCH FINE AND IMPRISONMENT was read by the city clerk. Councilman Parry moved to adopt Ordinance 954, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Parry, aye; Wishart, aye; Behrendt, aye; De Gregorlo, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Councilwoman Pedersen came into Council Chambers. SELLING ON STREET CORNERS Transient merchants City Attorney Stuller had submitted a memorandum on Regulation of Transient Merchants. Mayor Standley suggested sending this problem of selling on street corners to the planning office and have them~consider a re-definition of accepted uses in the CC zone. Councilwoman Pedersen moved to send the ~ssue of selling on street corners to the planning office; seconded by Councilman Behrendt. All in favor, motion carried. CITY MANAGER 1) Planner Bill Kane requested a joint study session with the Mall Commission on September 10, 1975, at 5:00 p.m. 2) Aspen One Corporation Land. City Manager Mahoney asked Council what they would think of trading Aspen One some land. Mahoney had talked to Don Piper who indicated Aspen One he might still be willing to trade with the City. Mahoney demonstrated on a map trade the land he was interested in trading with Piper. Kane explained to Council that the County had claimed title to tract B. Tract A contains 57,750 acres. Kane said an planning the Rio Grande site, the City had in mind that private lease spaces would generate revenue, which in turn could be used for the acquisition of Piper's property. In having private lease spaces on the Rio Grande property, the City would have to assume the liability of a landlord. Kane said the City could effect a better trade if the City could consider trading condominium business space, the interior of the building, in exchange for Piper's land. This would remove the City from the position of landlord. The City would effect the same measure of control by stipulating to the exact letter of the law the uses that would be permitted. Kane said he felt this was the only practical way a trade would work. The site doesn't lend itself to residential development. Kane said he didn't think the Council would want to consider a free-standing commercial activity. This way the commercial activities on this property would support the public activities planned on the Rio Grande. Kane reminded Council that this property was zoned R-6 and was a specially planned area. Councilman Behrendt said he liked the idea of trading. Councilman Behrendt suggested trading off land around the Obermeyer building properly zoned for some kind of commercial activity. Mayor Standley said he thought it was a creative idea but questioned the time element. Mayor Standley pointed out this trade off would confuse the master planning process for the Rio Grande. If the City plans this site with a trade in mind, it would inflate Aspen One's property. ~] Mayor Standley asked Council if they were interested in looking at a trade. Council's Aspen One answer was yes. Mayor Standley asked Council if they wanted to go ahead and let the trade planning office and City Manager have the flexibility of looking at both options; or ~_3 limit it to one of the other. Council agreed to look at both options. Councilwoman Johnston brought up 'the question of the transportation uses for which the property was purchased. Perhaps by a trade it will not matter what Aspen One does with their parcel as long as the City keeps their part of the Rio Grande purchase. Kane pointed out that Aspen One's land is zoned R-6 and he didn't feel the City should trade acre for acre. Mayor Standley agreed and directed the planning office to work this out. 3) Scheduling Budget Hearings. Mayor Standley told Council the Finance Committee should have a first look at the budget before the Council schedules budget meetings to make Budget sure the budget is consistent with Resolution ~35, Series of 1975, Council Priorities. hearings The Finance Committee meeting was scheduled for Friday, August 29th, lunch. 4) Appraisals. City Manager Mahoney told Council an order to meet Resolution ~35, Mahoney needs to get some money to have the properties appraised that the City is interested in. Mahoney had submitted a memorandum to Council about the appraisers. Appraisals Mahoney was recommending to Council that the City use Brian Goodheim on the basis of land city is his bid. Mayor Standley asked Finance Director Butterbaugh if there were sixth penny interested money for this appraisal. Butterbaugh said yes, but there would have to be an in appropriation ordinance. Councilman Behrendt moved to hire Goodheim and to draft a supplement ordinance for $450 for thisappraisal; seconded by Councilman De Gregorio. Councilman Behrendt asked if the Council shouldn't spsnd the extra money and hire an M.A.I. appraiser. Mayor Standley said this appraisal would be to find out if the City were interested in purchasing any of these lands. All in favor, motion carried. Bill Dunaway pointed out to Council that Goodheim's memorandum shows his appraisal price at $750 not S450. Council decided that they would rather not spend the money and have the City Manager and planning office work out the estimates on the property. Mayor Standley said the administration could do comparative market sales themselves .... Councilman Behrendt moved to rescind the previous motion; seconded by Councilman Wishart. All in favor, motion carried. 5) Aspen Institute and Colorado University. Mayor Standley told Council he had met ~ with Joseph Slater several times this summer. Sincs the Institute made the announcement that Colorado University was interested in the Institute, Eric Schmidt, a regent of Institute/ the University, has been up here and met with Mayor Standley. Schmidt has met with Colorado the City Manager and planning office. Mayor Standley said he felt that the University Univ. purchase is not interested in doing anything, anywhere, that isn't endorsed and supported by the people of the community. The University is looking at a graduate studies center, not undergraduate. The Universit' is interesting in participating in things like the library. Their development require- ments are probably in the area of 100 bedrooms to allow them to operate at a balance capacity without using the facilities outside of the Institute. They would be self- contained on the Institute grounds. The Institute would retain the 90 day operation they run during the summer. The other 9 months, the University would be running graduate courses and executive seminars. Mayor Standley told Council the Governor has endorsed the idea; the regents of the University have endorsed the idea. P. John Lymberopolus, Dean of Continuing Education at CU, would be the administrator. The Institute and CU would like a response from the City; if the City is interested, and the City's areas of concern. John Hunt, v~ce-president of the Institute, told Council that Mayor Standley's summary was 100 per cent accurate from the Institute's point of view. Hunt told Council that the utilization of the Aspen campus and facilities will be compatible with what is going on at the Institute now. This will be a center for advanced studies; meetings of local, regional and national character. CU's central interest will be to take advantage of the opportunity to acquire a first-class, fully equipped conference center. Hunt told Council the first part of the arrangements would be a donation from the Institute to the University of the academic part of the campus, this is about 25 acres. The Institute is hoping the rest of the land, 95 acres, will be part of the arrangement with CU, in order to keep the land together. Hunt told Council the Institute's purpose an this selling arrangement is to create an endowment fund for the Institute. The Institute does not have any intentions of leaving Aspen. The Institute hopes the endowment fund will strengthen the permanent character in Aspen. Councilman De Gregorio asked Hunt if the arrangement with CU did not work out, what were the plans of the Institute for their land. Hun~ answered they would like to have -- an arrangement which involved a not for profit institute. Hunt told Council that the Institute and CU would be sharing personnel, offices, and buildings, but under normal circumstances they would not be there at the same time. Councilwoman Johnston asked how much new building would be required. Hunt said the Institute was not contemplating Institute/ setting up new buildings, nor was CU planning on much building. There has been planned CU the t00 bedrooms, a modest administration building, and a small library. Wes Milan, of %he Institute, told Council there were eight conference rooms in addition to Paepcke auditorium. This is out of balance with the 92 bedrooms at present. Councilman De Gregorio asked about future expansion. Hunt said there has been no question of expanding beyond what he had described to Council. There has been discussion that should the University start to expand in terms of buildings, character of buildings, or character of activity, that the facilities would revert to the Institute. This protects the character of the Institute as it is. Mayor Standley pointed out that CU would need units on the campus sO that the graduate students and post-doctorate students would not have to pay rental prices in Aspen. Mayor Standley told Council they should identify their concerns and questions and give them to CU so that they can respond to the City's concerns. Councilman Behrendt Pointed out that once the state university took substantial control of the land, the City looses control of it as a community. Councilman Behrendt suggested some sort of contract with the University and Institute in terms of square footage, beds and growth. Mayor Standley said there is a risk involved, but the pOsitive~things such as bringing an accessible intellectual environment to Aspen is important. This would be a fantastic opportunity. Councilman Behrendt asked if there would be problems getting an assurance in writing from CU about future expansion. Hunt told Council.they had discussed this with CU and that is why they have included a reversion clause. Mayor Standley told Council that Lymberopolus would be in Aspen. The Council can ask their questions of CU at that time. 6) Crawler/Dozer - Budget Request. City Manager Mahoney told Council the City needed Crawler/ a crawler/dozer in the winter time to pile snow. This crawler is equivalent to a D-7. Dozer This is the same time of machine that worked on the baseball and rugby fields. Street budget Superintendent went to California and looked over this machine. Finance DirectOr request Butterbaugh said this purchase could come out of the $32,000 excess. Councilman Behrendt moved to find money to satisfy this purchase; seconded by Councilman Wishart. All in favor, with the exception of Councilwoman Pedersen. Motion carried. 7) Wally Mills' Property. Mayor Standley suggested that representatives of the City talk to Mills and find out what he feels this property is worth. ORDINANCE #56, SERIES OF 1975, Monies to Planning Office Councilwoman Pedersen moved to read Ordinance #56, Series of 1975; seconded by Council- Ord. 56, monies to man Behrendt. All in favor, motion carried. planning ORDINANCE #56 office (Series of 1975) AN ORDINANCE RECOGNIZING RECEIPT OF $111,371.00 FROM PITKIN COUNTY AND FEDERAL GRANT REVENUE IN THE AMOUNT OF $3,000.00 (HUD 701 FUNDS); AND APPROPRIATING THE $111,371.00 FOR OPERATION OF THE CITY-COUNTY PLANNING OFFICE, AND THE $3,000.00 FOR THE HOUSING AND LAND USE INVENTORY was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #56, Series of 1975; seconded by Council- man Behrendt. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #57, SERIES OF 1975, Cat Ordinance Councilman Parry moved to read Ordinance #57, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. Ord. 57, Cats ORDINANCE #57 (Series of 1975) AN ORDINANCE AMENDING THE PROVISIONS OF THE ASPEN MUNICIPAL CODE SO AS TO PROVIDE FOR THE IMPOUNDMENT OF STRAY CATS WITHIN THE CITY; PROVIDING FOR THEIR CONFINEMENT, MAINTENANCE, DISPOSITION, REDEMPTION OR DESTRUCTION BY THE POUNDMASTER; AND FURTHER SETTING CHARGES FOR IMPOUND~ENT AND STORAGE was read by the city clerk. Councilman De Gregorio moved to adopt Ordinance #57, Series of 1975; seconded by CounCil- woman Johnston. Council questioned $4.00 per day for cat. Mayor Standley pointed out that no one would bail their cat out. The City would have to pay $4 per day even if the cat is destroyed. Mayor Standley suggested tabling this ordinance and find out what it costs to take care of cats. Mayor Standley asked the City Manager to find out if the City needed an Ordinance to pick up cats, and what the cat vs dog recovery rates used to be. Councilwoman Pedersen moved to table Ordinance #57, Series of 1975; seconded by Council- man Wishart. All in favor, motion Carried. Councilwoman Pedersen moved to adjourn at 9:40 p.m. seconded by Councilman Behrendt. All in favor, motion carried. Hauter, City Clerk