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HomeMy WebLinkAboutminutes.council.19750922Regular Meeting Aspen City Council September 22, 1975 Mayor Standley called the meeting to order at 5:09 p.m. with Councilmembers Behrendt, Johnston, Parry, Wishart, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilman Wishart moved to approve the minutes of August 25 and September 8, 1975, Council meetings; seconded by Councilman Behrendt. All in favor, motion carried. Councilwoman Pedersen came into Council Chambers. ACCOUNTS PAYABLE Councilman Behrendt moved to approve the accounts payable for September; seconded by Councilman Parry. Councilwoman Johnston questioned the $6,000 expenditure for Colorado Division of High- ways. Mayor Standley said that was the City's share for the Halperin study, and is an encumbrance, has not yet been spent. Councilwoman Johnston also questioned the golf course construction under land improvement instead of recreation. Mayor Standley answered that the golf course was bought out of sixth penny and the improvements were under sixth penny. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1) Mayor Standley told Council that as a result of the Red Mountain parking lot exercise, Red Mt. the BLM had offered to sell the City the 4.6 acres for $50. City Attorney Stuller has parking lot the forms to purchase this. Councilman Behrendt moved to authorize Mayor Standley to execute the application; seconded by Councilwoman Pedersen. All in favor, motion carried. 2) Mayor Standley said that the police are not enforcing the no overnight campers being Overnight uSed as residences on the streets. Mayor Standley requested a sign at tne entrances to camping town telling people there was no camping on the streets. 3) Mayor Standley read a letter to Council from the Parks Association recommending to Alleys as the City the use of City alleyways for bike routes and cross country skiing, bikeways Councilman De Gregorio came into Council Chambers. 4) Mayor Standley told Council the Urban Economist Larry Simmons had the results from the employee survey done this summer. Simmons passed out copies to Councilmembers. Summer Simmons told Council that his assistant, Harold Stalf, deserved .a lot of the credit, employee Simmons confirmed that the study told things already known; a vast majority of the survey residents are paying far more for housing; people with children are moving down valley; people with children are not moving into the area; people do not spend any money here unless they have to. Simmons said the survey showed that incomes are fairlY high relative to the national standards but not relative to the cost of living in Aspen. People are generally auto dependent. In terms of recreation, people are first downhill skiers. Simmons said the most important point is that any more growth following the past patterns will exacerbate conditions now existing in Aspen. GRASSROOTS - Fund Request Grassroots fund request John Smith, director of Grassroots, told Council they were given $500 by the City and pledged $500 more if the budget allowed it. Smith was requesting this $500 for a specific purpose. Grassroots would like to purchase a camera which will give a much better signal over the cable. Smith said Grassroots is trying to serve the community to their best ability as a communications media open to everybody. City Manager Mahoney said the City did have the money, but wondered if granting this request would start a flood of others. Finance Director Butterbaugh asked for time to go over financial statements to see exactly where the funds are. Butterbaugh did not want to commit the money at this time. Mayor Standley suggested endorsing the purchase, pending examining the budget for the money until the next Council meeting. Councilwoman Pedersen moved to endorse the request and consider it during the next Council meeting; seconded by Councilman Behrendt. All in favor, motion carried. LITTLE NELL'S - Request for expansion of liquor licensed premises Little Nell's expansion of Mayor Standley went over the on-site inspection at lunch and reminded Council they were liquor license being requested to allow a bar to be located on the sun deck extending the liquor- licensed premises. This particular Structure is up there without permission so this would be an extension to serve liquor out of a non-existent structure. Phil Henke, owner of Little Nell's explained to Council that he had called Building Inspector Meyring, who had told him that this bar was all right if it had been checked out with the Health Department and the Liquor Inspector. Henke had the Liquor Inspector come and look at the bar. The Liquor Inspector had no objections. Mayor Standley pointed out that Meyring had not issued a building permit for this structure. Henke said he applied for a permit for everything else. He had applied for this permit and had paid for it but had not received it. City Attorney Stuller reminded Council the Board of Adjustment had granted a variance from the requirement of submitting a site plan for the entire area. No variance was given to construct another bar. Mayor Standley suggested issuing an expansion for every area but the sun deck bar. Henke can go again to the Board of Adjustment, and if they grant a variance for the bar on the sun deck, the Council will consider that expansion. Councilwoman Pedersen moved to approve the expansion of liquor-licensed premises not to include dispensing of liquor from the sun deck; seconded by Councilman De Gregorio. Councilwoman Pedersen said she felt this applicant should show diligence and have completed the application to the Board of Adjustment and a building permit by November 1, or the building must come down. All in favor, with the exception of Councilman De Gregorio, motion carried. MAGNIFICO LIQUORS - Purchase and Sale Magnifico's Bill Jordan, attorney for the applicant, and Michael Cagnoni, applicant, were present purchase & before Council. Cagnoni will own 100 per cent of the stock. Leonard Oates, representing sale the seller, told Council his client did have an agreement for purchase and anticipating closing September 30th. Councilwoman Pedersen moved to approve the purchase and sale; seconded by COuncilman De Gregorio. All in favor, motion carried. POPCORN WAGON City Attorney Stuller told Council that Councilman Behrehdt badlY.articulated legitimate Popcorn public concerns to attempt to give the Popcorn Wagon so~e recOgniZed status in the wagon community. Stuller told Council she would like to draf~ an ordinance recognizing the Popcorn Wagon and give it certain exemptions from the building code if certain safety conditions are met and other conditions imposed. Stuller said she felt that the proponents of the Popcorn Wagon are not speaking in terms of privilege any more but legitimate government exercises in terms of the public welfare. Councilwoman Pedersen moved to direct city Attorney Stuller to draft said ordinance for the Popcorn Wagon; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #59, SERIES OF 1975 - Vacating Alley 92 Ord.59 Mayor Standley opened the public hearing. Mayor Standley told Council the second Vacating reading would be postponed until the County shows the City they have gotten the alley subsequent right-of-way dedicated. Mayor Standley closed the public hearing. behind Courthouse Councilwoman Johnston moved to table second reading of Ordinance #59, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. 1976 STATE HIGHWAY REQUEST Mayor Standley gave Council a list of requests and told Council that COG will run the State highway requests for all the counties in Region 12. Mayor Standley also presented the State's request li.st. The State wants a turning lane at Original and Cooper, which is the State's number two priority. Cemetery Mayor Standley brought up the intersection of Highway 82 and Cemetery Lane. Petitions Lane - had been submitted at the last Council meeting requesting a stop light. Chief of stoplight Police Hershey had indicated to Mayor Standley something needs to be done; this request intersection is very dangerous. A stop light would back traffic into town, down the highway, and up Castle and Maroon creek roads. The City has approved a $3,000 plan- ning request to redesign that entrance way. The Halperin report suggests moving the entrance to'town. That project is in the future. City Engineer Ellis stated "We felt the traffic signal request at Cemetery Lane would not be acceptable to the state at this time, since that intersection is certain to change and may well become a local rather than state route ih the future. The City might, however, request a traffic warrant study as a prerequisite to any signal consideration." Sigrid Stapleton told Council it was very difficult to get onto the highway from Cemetery Lane. The highway slopes to the south, which makes it difficult once one does get on the highway. The school buses have problems at this intersection. People from Starwood and White Horse Springs also use this entrance to town. There is a lot of traffic. Sigrid Stapleton said people in this area felt something needed to be done immediately. Dave Stapleton pointed out that people ride their bicycles on the highway here and people stop to let hitchhikers out, which aggravateS the situation. Chief of Police Hershey told Council he had gone and studied this intersection. Hershey said he felt it was infeasible for anyone to use the road under the Castle Creek bridge. Hershey suggested two compromises; a traffic signal to be used during heavy traffic times, or a clover leaf extended underneath the road, which would be costly. Mayor Standley asked if the stop light signal would be officer operated. Hershey answered that could be done but would cause down time for an officer. The alternative is to have the stop light clocked. Mayor Standley said a clocked stop light would not solve the problem of having traffic backed up on the highway. An officer operated light could control the traffic flow just during the rush hours. Councilman Behrendt suggested having a police department personnel assigned to this intersection during the heavy demand times each day until the City and planning depart- ment comes up with a better solution. Hershey stated he liked the idea of the light operated a certain times per day. Councilwoman Johnston asked why the people riding bicycles were not using the bike path underneath the bridge. Mayor Standley said the path should not have been built where it is, it is not paved, one cannot possibly ride a bicycle on this path. Mayor Standley said he felt this problem was reaching crises proportions. The City should take a short-term request, like a stop light, and then work on getting the highway re-aligned into town. Mayor Standley instructed the City Manager to get a short- term soiUtion by November 1st with the state highway department addressing the issue. City Engineer Ellis pointed out that the stop light at Mill and Main cost $25,000. The light at Aspen and Main was requested two years before it was installed. Ellis told Council he felt the City would have to purchase the stoP light. Mayor Standley said he felt it was an emergency situation, and the Council wants this treated as an emergency. Dave Stapteton told Council they did not know if the light was the right answer for this intersection, but the people who live in this area are really concerned that someone might get killed. It is one of the most dangerous intersections in the area. Councilwoman Pedersen moved to instruct City Manager Mahoney to get this problems solved immediately for this intersection; seconded by Councilman De Gregorio. Ail in favor, motion carried. Councilman Behrendt stated he would like the City to join with the County in requesting Scenic route that Highway 82 be designated a scenic route and that trucks and trailer traffic be highway 82 prohibited. Mayor Standley suggested expanding the City's request list so that it becomes City/County state highway requests. None of the requests have been implemented from last year. ElliS suggested that the City let the highway department know that Aspen and Pitkin County would like the entrance way to town re-designed as one of our top priorities. Council decided that their first priority is the reconstruction of highway 82 within the City limits of Aspen. Councilwoman Johnston suggested when the highway is Reconstructio reconstructed it be engineered so that there is water running through the ditches, of highway Council deleted turn lanes at golf course from their list; the state is presently 82 in Aspen putting road base on these turn lanes. Walkways on the Maroon and Castle creek bridges was a request to the state highway department. Council went over the CoUnty request list. The chanelization of traffic on Highway 82 at Cooper and Original was deleted. Ellis told Council that chanelization does not requests to accomplish anything at that intersection unless some right-of-way is condemned, state highway The County requested the highway department to build Sidewalks; Mayor Standley said department building sidewalks is absolutely out of the purview of the >highway department. Council felt the City was not ready for the requested engineering of the trail under- pass of Galena street. The Council left in the request for medians down Main street, which has been asked for previously. Mayor Standley listed Council's priority requests to the state highway department; reconstruction of Main street, widening of pedestrian walkways on the bridges, and the paving of the turn lanes into the golf course. Councilwoman Pedersen moved to adopt the highway requests; seconded by Councilwoman Johnsont. All in favor, motion carried. Council requested City Engineer Ellis to take to the County Commissioners the requests within the City that the Council was endorsing. BICENTENNIAL/CENTENNIAL COMMITTEE REQUESTS Two representatives of the Bicentennial Committee requested from Council permission Bicentennial to use the Rio Grande property to Sell Christmas trees this winter and live trees in request to use Rio Grande the spring. The funds from these tree sales will go towards the Bicentennial summer projects for 1976. Mayor Standley told the Bicentennial Committee that the Lions or Boy Scouts had always sold Christmas trees and Mayor S~andley said his feelings lay with these groups raising money for their projects, which have on-going signifi- cance. Mayor Standley said if these non-profit organizations were going to sell Christmas trees, he did not want some other group in competition. Councilman De Gregorio suggested approving the request to sell live trees in the spring and holding the Christmas tree approval. Mayor Standley told City Manager Mahoney to find out if the Lions or Boy Scouts intended to sell Christmas trees this year. Councilman De Gregorio moved to approve the request to use the Rio Grande property to sell trees in the spring, but hold the Christmas trees; seconded by Councilwoman Pedersen. All in favor, motion carried. WINTER USE OF WHEELER OPERA HOUSE BASEMENT City Manager Mahoney told Council this item has been withdrawn from the agenda because the Music Associates could not be present. IMPOUNDING CATS Chief of Police Hershey has submitted to Council a report on impounding cats. Hershey told Council that Lou Albright, owner of the pound, will not cage cats in cages that are open for dogs. Albright will not give the City a break for caging cats. Hershey Impounding said he felt that Albright should be present to talk to the Council. cats Councilman De Gregorio moved to table the cat issue until the next Council meeting; seconded by Councilwoman Pedersen, All in favor, motion carried. Councilwoman Johnston said she felt the City should be addressing the problem with a program for having cats spayed, neutered, etc. Otherwise the problem will keep compounding itself. Councilwoman Pedersen said she and former dog warden Debby Jenkins had done a study on a program like this and it is worth looking into. HASKELL'S SKI HEARINGS - City's Position Ski Lift City Manager Mahoney requested guidelines from Council, and whether Council wants Mahoney to participate in Haskell's ski hearings. Mahoney had included a memorandum rate hearings to Council stating the City's problem is not with the Ski Corp nor any price per se, Sen. Haskell but with the process. Mahoney objected to the process and had a process he could recommend. Mahoney said the City would recommend to the Forest Service that they are acting as an agent to cartel of the industry and that they are making heretofor independent berms, dependent on one another in terms of pricing and market shares. City Manager Mahoney is going to the hearings professionally. Mayor Standley told Council he was going to present from the community point of view the impacts of the Ski Corp. Councilman Wishart is going to speak as a Council member. Mayor Standley asked Council if they wanted to present a statement of position as a Council. Mayor Standley reiterated this is not a condemnation of the Ski Corp; it is a statement of local concern. A lot of things the Federal government are doing are impacting Aspen locally as local citizens as well as local government in a community. Mayor Standley said he would like these concerns to be addressed at the Federal government level. Mayor Standley said written statement have to be in to Haskell's Denver office by October 2nd. Councilman De Gregorio said he felt Council's concerns over the ticket pricing process were very well pointed out in Mahoney's memorandum. Mayor Standley said if everyone agreed with the concerns, he would work out a written statement. Councilman Behrendt said he wanted to see the final draft. Ralph Brendes, representing the Roaring Fork Citizens, told Council Senator Haskell had drafted a new bill to re-vamp not just the lift rate increases, but also the permit and lease system. The Roaring Fork Citizen group is concerned not only with the lift rate procedure, but with the price itself. Brendes told Council the Roaring Pork Citizen group will pursue this issue as far as they can. Brendes said he did not know yet whether the Forest Service would grant their appeal; however, they believe the Forest Service probably won~'t. The Roaring Fork group will come back to Council, when they get turned down on the appeal, and ask Council to join them in a court fight. Brendes alleged that the lift rate procedure itself does not serve the community interests. Mayor Standley re-stated Council's position; to draft Mahoney's ideas into a statement which he would have in the office for Council to review and initial. This statement will be read at Haskell's hearing, October 4th. Bill Dunaway asked why the Council did~not take a stand on the pass rate. Mayor Standley answered he felt the Council as an official body should stick to the facts rather than get in~o argumentative areas, such as percentage of lift increase. Dunaway said the Council could point out that the Ski Corp doesn't have a season's pass. Brendes suggested using that as an illustration of the inequity of the procedure. The Forest Ser~vce doesn't ask the City and the County for any input or what the impact will be. Councilman Behrendt moved that as a separate item the Council formally request that the Ski Corp re-consider its pass lift rates for the 1975-76 season, and that the Council feels that their present pass is a detriment to the community and the Council wishes the Ski Corp would re-examine them; seconded by Councilman De Gregorio. Ail in favor, motion carried. City Manager Mahoney asked Council to allow him to build bus station shelters. Mahoney told Council the HPC had approved the design. The cost will be $3,000 for two shelters; one in Rubey park, one at the Rio Grande. Councilman Behrendt moved to allow City Manager Mahoney to spend $3,000 to build two Bus shelter~ bus shelters; seconded by Councilwoman Pedersen. Councilwoman Johnston asked if this would be out of seventh penny funds; Mayor Standley answered yes. All in favor, motion carried. MEMBERSHIP ON THE HISTORICAL PRESERVATION COMMITTEE City Attorney Stuller had submitted a memorandum explaining that the HPC felt they needed Alternates three alternate members in order to reach a quorum at times when members were absent to HPC for long periods of time. Councilwoman Pedersen moved to approve raising the HPC membership to three alternates; seconded by Councilman Parry. City Attorney Stuller suggested appointing alternates by rotation, or have the absent member appoint his alternate. Councilwoman Johnston said she felt that having the absent member designate which alternate would take his place would give better control over the vote. All in favor, motion carried. BREWER, INC. (CLARENDON) Clarendon - Hal Clark of the planning office told Council City Engineer Ellis had listed the Final deficiencies he found in the plat. The landscape plan for the property in between subdivision Little Nell condominiums and the Clarendon is still being negotiated. Clark told approval Council the applicants have w~thdrawn their application from the Board of Adjustment for the additional unit. The access through the property to West End street has been changed to come in at a more normal interface with West End road rather than looped around West End street. Clark calculated the open space dedication to be 5,260 square feet. The planning office recommendation is to accept the cash dedication for the full square footage. Brian Goodheim calculated the figure for this property at $2~85 per square foot. Clark added the planning office recommends approval of this project with the satisfaction of the City Engineer. Rick Ferrell, representing Brewer, Inc., told Council he had had a meeting with Ellis and felt the technical issues were all very resolvable. Ferr~l showed the Council a map of the property marked in red illustrating all the parts of the property that have to be given to the City by deed, easement, trails, etc. Ferrell asked Council to take as the dedication a combination of cash and land. Ferrell showed Council two pieces of land they would like to g~ve the City, one bordering on Glory Hole park, and a cash dedication of $7,367.25 for the 2,585 square feet not given to the City. Councilman Behrendt said that a total cash dedication would buy a substantial piece of park land somewhere else and the exchange that Ferrell is offerring is not of benefit to the public. City Attorney Stuller said that a trail dedication applies only when the trail is a link in the approved trail plan. The extra trail that Ferrell is offering is not a link in the trails plan. ~ Councilman Behrendt said that Brewer would be putting fifteen high quality units into the community, and he felt that the cash dedication is a support to the community. Mayor Standley agreed and added that the government has got a social responsibility ~ to the citizens of Aspen. Chuck Brandt, attorney for Brewer, pointed out the developer had contributed 14 per cent of the land area to the City. Councilman Behrendt moved to accept a cash dedication only; seconded by Councilman De Gregorio. Councilman Parry stated he felt that the city was making a person pay for the land, and then asking this person to give the land to the City. Councilman Parry said he did not feel this was reasonable. City Manager Mahoney pointed out that they land the Council was discussing was worthless to the applicant. The land will be taken off the tax rolls, and is a benefit to the applicant. Hal Clark reenforced the turning down of the extra land dedication. The developer had contacted Parks Director Armstrong who did not support the additioralland given to Glory Hole park. All in favor, motion carried. Mayor Standley instructed the developer to work out the price for the cash dedication with the City Manager and planning office. Councilwoman Pedersen moved for final approval of Brewer subdivision subject to Ellis' final approval and keeping with the restraints set forth in the memo from the planning office; seconded by Councilman Behrendt. Councilwoman Johnston questioned the twenty year limitation on the right-of-way for the extension of West End. City Engineer Ellis said that was already a condition on the Gant. The City does need a time limitation, otherwise this becomes unsupportable in Court. All in favor, motion carried. CHANGE OF DEED - ERDMAN City Attorney Stuller told Council this was a request for exchange of deeds to help Erdman quiet title to Lot G of Block 2. Stuller guaranteed that the City would have Erdman- ~ the right-of-way after the exchange, change of deeds Councilman Behrendt authorized Mayor Standley to accept Erdman deed and to execute the City of Aspen's deed; seconded by Councilman Wishart. All in favor, motion carried. ~ EXEMPTION FROM SUBDIVISION - ERDMAN Ma~gr Standley pointed out there is no reason not to exempt the Erdman project from the definition of subdivision but there is no reason to exempt them from the payment Erdman - of subdivision dedication. City Attorney Stuller told Council the City Engineer has exemption no problems with exemption because all of his requirements are satisfied. Stuller from definition said the applicant feels they should be exempt from the dedication requirements, of subdivision Chuck Brandt, representing Erdman, told Council this is an existing townsite lots and historically someone who has purchased one or two townsite lots has not been required to make a dedication. Erdman is buying nine platted townslte lots. Brandt pointed out =here is an exception within the public dedication provision of the City code that the dedication requirement shall not be imposed in the event of construction of a single duplex, triplex, fourplex structure. Brandt stated Erdman is not sure what mixture he would put on these nine lots but it would be duplexes and single family residences and this should fall under the definition of exemption from the dedication. Brandt told Council that P & Z had recommended Erdman get an exemption from subdivision Erdman told Council that the price of this land was so high that not to use this property to the allowable means of the zoning code would be financially unfeasible. The basic problem is that land acquired for present prices in the original townsite it is punative to remove any of that land from the allowable use. Mayor Standley listed the choices on this project; not to grant exemption, to grant exemption partially, to grant exemption on a condition of dedication of land or cash. Brandt pointed out the code states that land dedication or cash payment shall not be paid under certain circumstances; Brandt contends that this project falls under these circumstances. City Attorney Stuller told Council the purpose of the exemption in the code was to deal with already built duplex, triplex, or fourplex being condominimiz~ and sold. This situation is different as Erdman is taking a larger tract of land. Thi~ is comparable of subdivision of raw land into parcels for construction sites. Stuller said one of the objectives of subdivision regulations is to provide a fund for park construction. Stuller stated she did not see any difference between Erdman applying to build three houses and a twelve or fifteen lot subdivision site. Councilman Wishart moved to grant the exemption if the owner agrees to a dedication of land or cash; seconded by Councilwoman Johnston. ~_~ Councilman De Gregorio questioned Council granting an exemption when Erdman is not sure what he is going to do with the land. Erdman told Council his proposal for this property was not to do anything less than what is presently allowed by the zoning code. Ermand said he could build four single family dwellings; one single family dwelling and two duplexes. This is allowed under the code and by the fact that this is nine City lots. City Attorney Stuller told Council Erdman's argument is that all the objectives of subdivision are already satisfied or do not need the attention of the City. City Engineer Ellis stated the access are fine, the utilities are in place, the rights-of-way are appropriate. The question is are the park dedications satisfied. Mayor Standley stated he felt Council ought to retain the control that has been built into the code and not grant exemption from subdivision. Erdman reiterated that he could only build single family dwellings on 6,000 square feet or a duplex on 12,000 square feet; that this land is alreadY platted; that controls are in the code by requiring front yard, rear yard, and side yard setbacks. All in favor, motion carried. MEADOWOOD PIPELINE AGREEMENT City Attorney Stuller requested Council to help arbitrate a dispute with Meadowood Home- owner's Association, the title company, and various homeowners. Earlier this summer Meadowood the Council had approved an agreement to alleviate the problems generated by construction Pipeline of the Maroon Creek pipeline through Meadowood. When presented with the agreement, Agreement the people involved had difficulties with the extent of restoration, revegetation or regrading necessary. Council had walked the Meadowood pipeline area. Stuller said she felt Council's discussion could arrive at a technique for dealing with the terrain problems generated by installation of the pipeline. Bob Grueter, representing the title company, Seacrist and Schiff, told Council his clients felt the City just came in and built the pipeline, the machines moved off the right-of-way trees were torn out. His clients are asking that the City make this property more presentable. Grueter told Council that Sunshine landscaping had submitted a proposal, which most of the homeowners were happy with. .Stuller affirmed one of the concerns with Sunshine's proposal was the location~of the trees over the pipeline, which might result in damage. Stuller asked if planting of any other shrubbery or lesser vegetation other than tree planting would be acceptable., Meadowood people asked for a combination of both. City Attorney Stuller told Meadowood people that the Council felt Sunshine's estimate was high and asked what directives had been given to Sunshine. A Meadowood representative told Council he had asked Sunshine to look at the surrounding vegetation and terrain and to approximate recreating the terrain. Stuller asked if by surrounding vegetation, he meant full grown trees. Schiff stated he realized one could not transplant 40 foot Aspen trees; the estimate had taken into consideration the pipeline. Grueter stated that some trees 15 to 20 feet from the.center of the pipeline had been removed. Stuller asked if the requested resodding included major regrading. Schiff answered there had to be some regrading as the whole natural slope was destroyed. Stuller reiterated, re-instating of the natural slope. Stuller stated is was accepted by Council that the mine tailing should be removed because they preclude any revegetation. Boyle told Council he had walked the area with Sunshine. When the mine tailings and dirt was shoved down the slope, it was brought up against the trees by 2 to 3 feet and these trees will die. City Attorney Stuller said the Meadowood people felt all the mine tailings should be removed or a better soil cover be provided. All the trees and rock and debris spilled over the side of the right-of-way should be cleaned up. Meadowood people accepted that. Stuller asked what Meadowood would accept in terms of vegetation. To duplicate the slope would make it impossible to reach the pipeline. With some regrading, the City can eliminate the road-like nature of the pipeline. Schiff stated there were Aspen, evergreen, scrub oak and serviceberry naturally out there; he asked for evergreens and Aspen to be transplanted. Schiff said there is a 20 foot roadway now. Schiff said you can't make this area natural again, but they are asking for a fair approximation. Stuller asked if Meadowood would accept work done by the City with a landscaper. Sunshine had stated they would not work with City crews, but in order to reduce the City's costs we could use our people. Schiff said they just wanted to get this project done. Stuller stated that when we revegetate and resod, there will be some maintenance that will have to be done next year. Stuller offered one summer's maintenance, if necessary. Schiff stated if fall planting could be done, they would be ahead of the game. Stuller asked if they would accept an initiation of the project this fall, to be completed next summer. Meadowood agreed. Stuller asked if the City could be guaranteed access to all of the properties while doing the revegetation. Meadowood agreed. Councilwoman Pedersen stated she felt that revegetation not native to this area should not be included on the list. Native grasses, serviceberry, etc., are fine. Councilwoman Pedersen told Council on inspection of the site with a tree man they had found a disease in all the Aspen trees across Meadowood across Castle creek. The tree man indicated he felt most of the damage had been done by the subdivision development, This disease factor is very obvious. Councilwoman Pedersen stated the mine tailings would definitely have to be removed. It is important that the property lines between the Schiff and Hignut properties have to be ascertained so that the bank can be properly graded. The line should be surveyed by City crews and the line clearly and distinctly marked. Councilwoman Pedersen said that the City crews should measure and calibrate the Russian olives, which have to come out if the job is to be done. Councilwoman Pedersen said it is imperative that not only is the City guaranteed access to these properties, but all the homeowners not interfere with the crews doing the work. City Attorney Stuller told Council that Jim Furniss felt the revegetation project would cost between $2,000 to $3,000 even with City crews working on it. Councilman Behrendt moved to incorporate these elements in an informal agreement subject to receipt 0f an appropriate evaluation of the costs; there will have to be a landscape artist involved~proficient in this area; seconded by Councilwoman Johnston. All in favor, with the exception of Mayor Standley. Motion carried. Regular Meeting Aspen City Council September 22, 1975 Dr. Schiff told Council that his driveway and parking area was torn up three times and Schiff's requested that the driveway be put back. This is a road base and gravel driveway, driveway The pipeline had ruptured and the driveway had to be dug up. Councilman Behrendt moved to approve putting back Dr. Schiff's driveway; seconded by Councilman De Gregorio. All in favor, motion carried. Councilwoman Pedersen stated that this would be the end of the revegetation project. Councilman Behrendt left Council Chambers. ORDINANCE ~64, SERIES OF 1975 - Annexation of Benedict Property Ord.64,1975 Benedict Councilwoman Johnston moved to read Ordinance ~64, Series of 1975; seconded by Council- man Wishart. All in favor, motion carried. Annexation ORDINANCE =64 (Series of 1975) AN ORDINANCE ANNEXING TWO PARCELS OF LAND LYING EAST OF THE CITY OF ASPEN, THE FIRST CONTAINING APPROXIMATELY 4.1, AND THE SECOND CONTAINING APPROXIMATELY 2.2 ACRES, AND ANNEXING THE SAME PURSUANT TO THE PROVISIONS OF THE 1965 COLORADO MUNICIPAL ANNEXATION ACT was read by the City Clerk. Councilwoman Johnston moved to adopt Ordinance 964, Series of 1975, on first reading; seconded by Councilman Parry. Councilwoman Johnston told Council that the trail negotiations have ceased, that the City will no~ get the land as agreed upon. Councilwoman Johnston also pointed out she had suggested that people go on City of Aspen electricity when they request to be annexed. Mayor Standley said in this situation going on City of Aspen electricity was inappropriate because of the distance. Councilwoman Pedersen moved to table Ordinance ~64, Series of 1975; seconded by Councilman Parry. AlL in favor, motion carried. ~ Councilwoman Pedersen moved to adjourn the meeting at 8:07 p.m., seconded by Council- man Parry. All in favor, motion carried. I! K/~Hauter, City Clerk --