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HomeMy WebLinkAboutminutes.council.19751014 Regular ~eeting Aspen City Council October 14, 1975 Mayor Standley called the meeting to order at 5:10 p.m. with Councilmembers Johnston, Parry, Pedersen, Wishart, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Pedersen moved to approve the minutes of September 22, 1975; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Pedersen questioned the column, "unauthorized expenditures". Finance Director Butterbaugh explained these were purchases by department heads without a purchase order. Councilwoman Pedersen questioned the payment to Hyrup Construction for the Plum Tree tennis courts. Butterbaugh said this was payment for gravel and base work already done at the Plum Tree tennis courts. Councilwoman Pedersen asked about the $549.50 expenditure for police uniforms. Butter- baugh said this was protective equipment and should be transferred to the proper account. Councilwoman Pedersen moved to approve the accountsy payable for September; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION 1) Eve Homeyer introduced Lily Holburn who has served on Governor's Councils for employment of the handicapped. Ms. Holburn told Council she had worked successfully on a program for hiring the handicapped and was also working on a transportation program for the handicapped. Ms. Holburn pointed out that people in wheelchairs wanted to come to Aspen for various reasons, scenery, Institute, Music Festival, and there are no living facility for them to be comfortable. Some businessmen in Denver would like to build a hotel facility in Aspen which would accommodate wheelchairs. This hotel could also be used by healthy people. Mayor Standley suggested turning this proposal over to the planning office. Mayor Standley pointed out the City was not zoning out lodge uses. Mayor Standley told ~s. Holburn to work with the planning office in terms of modifying the building and zoning codes to make sure this building would be acceptable for handicapped people to use. 2) Scott Dowdy told Council he was concerned with the alignment of the Ute park bicycle Ute park path. Dowdy pointed out this path divides the pa~k in two and has potential danger bicycle for small children. Dowdy stated he would like to see it changed, perhaps to the trail periphery of the park. City Manager Mahoney asked County Trails Supervisor Dave Russell to explain to Council why it was done that way. Russell told Council that this particular alignment is the old wagon road. It is the most direct route. Russell's concern was to make this path as direct as possible for a viable bicycl~ path. Russell told Council this path was ready to be paved. Mayor Standley said he felt the path should go back to where it was supposed to be. Mayor Standley objected to the County changing the trail alignments. Mayor Standley pointed out the Council was asked to walk the trail alignment and designate it and there are reasons why the trail was designated as it was. Mayor Standley said for either Parks Director Armstrong or the County to change a trail the Council has approved is unappro- priate. Councilwoman Pedersen agreed with the coraments about the County changing the paths. Councilwoman Pedersen stated that Ute park land had been developed by the City as a park for children, not a direct bicycle route. Councilwoman Pedersen said the bicycle path should be moved out to the periphery of the park. Mayor Standley noted that the City and County would be asked for real problems if they. tried interfacing a children's play area with moving bicycles. Mayor Standley said that presently the schools use this area for children's games and they use the entire park. Mayor Standley said he was willing to go with the parameter location. Mayor Standley asked Russell to move this bicycle path to the parameter and to restore and revegetate what had been done. Mayor Standley instructed City Manager Mahoney to make sure this was followed up on. 3) John Stoller addressed the Council on the need for a teen center in Aspen. ' Stoller Teen pointed out that there was little for teenagers to do. Mayor Standley stated that this Center idea is listed as one of Council's priorities in Resolution #35, Series of 1975, and that Council and the City have been working on the solutions and various ideas for a teen center. Mayor Standley said the City was attacking the problem on a head-on basis and will need community support at some point. COUNCILMEMBER COMMENTS There were no comments COLORADO OPEN SPACE WILDERNESS WORKSHOP Connie Harvey presented a proposal to Council and explained that the Open Space Council Open Space represents many environment-oriented groups in the state with headquarters in Denver. Wilderness Ms. Harvey pointed out that this is the move effective arm of the Wilderness Workshop. Workshop However, there are a lot of wilderness on'the Western Slope and there is a need to coordinate the efforts of the citizens on the western S~ope ~or ~ilde~ness. Ms. Harvey informed the Council they had found a qualified person, Jim Thomas, to head this workshop. The Forest Service is planning studies of National forest lands all over the state. The Eagle-Aspen planning unit covers a large area. Ms. Harvey said she felt the City and County needed a knowledgeable person to represent them. Ms. Harvey told Council that Thomas would work on a small budget. They were doing some private fund raising, and have received some funding from the County and the Eagle-Aspen project. Ms. Harvey said that Thomas could develop a position for the City on the Hunter-Frying Pan roadless area project. The public had indicated they wanted this area to be a wilderness; the Forest Service did not designate this as a wilderness. Ms. Harvey said she was asking for any support the City could give; office space, in-kind services, part-time help. Mayor Standley pointed out there was very little office space available at present; perhaps some sharing of the Wheeler Opera House offices could be worked out. Councilwoman Pedersen suggested giving supplies and Xeroxing to get this workshop started. Councilwoman Pedersen asked if this activity would be a duplication of ETF, Sierra Club, Trout Unlimited, etc. Ms. Harvey said she did not think that was a problem; this would emphasize wilderness areas at first. Councilwoman Pedersen said she had reserva- tions about funding projects that have a habit of coming back again and again to the City. Mayor Standley said the City would make space available on a sharing basis, provide Xeroxing support and supplies to'outfit the office and any office equipment that might be surplus. Councilwoman Pedersen moved to provide that type of support with the stipulation that the Xeroxing has to be done at the discretion of the City Clerk's office; seconded by Councilwoman Johnston. All in favor, motion carried. COUNTRY ROAD iLTD. - Application for a three-way liquor license Mayor Standley opened the public hearing. City clerk reported the files, posting and Country publication were in order. RAad - application Leonard Oates, representing the application, told Council that Country Road, Ltd., was for three- a Colorado corporation owned by Ron and Anne Austin and Alan Shaffer. Oates told way liquor Council that all procedural requirements have been met. The premises for this liquor license license are located in the Vroom building on the northeast corner of Mill and Main streets and will be approximately 2,100 square feet. There will be access by elevator. The restaurant will specialize in seafood at moderate prices, seating capacity of sixty people. The cocktail area Will hold apprOximately 24 persons. There will be no live entertainment, only background dinner music. The applicant has made arrangements with the First National Bank to use their parking lot from 6 p.m. to · 6 a.m. Oates submitted a letter for the files indicating this. The restaurant is also close to-the Rio Grande parking lot. Country Road - cont. Oates reminded Council that these premises were previously licensed, but Forde surrendered any rights that he had to that license. Oates pointed that out to show that the Council already establiShed that the needs of the neighborhood had not been met by previously approved a license for that premise. Oates submitted petitions for the file containing 1,133 signatures, the vast majority of whom are residents of the community. Oates pointed out to Council that the vast concentration of liquor licenses seem to be in the southern portion of the community. Ron Austin will be managing the restaurant. The restaurant will employ 19-20 persons on a year-round basis to serve the needs of the permanent population. Oates also noted that the public transportation stops right at the front door of this location. Mayor SHandley said he felt that the needs of the neighborhood for the City of Aspen was rather ludicrous, The needs of the neighborhood should be broken dOwn by market prices, which Probabaly has a lot more relevance to the type of analysis the Council should be looking at. Mayor Standley asked the applicant if he had any objections to making the menu part of the record so that when the liquor license comes up for renewal, the Council can see if this restaurant is still serving the same market. Austin said he had no objections to making the menu part of the record. Mayor Standley said he felt that this applicant was directing their business toward a market segment that does need help. Mayor Standley asked the applicant if there were any gas appurtenances. Oates answered no. Austin told Council that all employees would be from this area; he has no plans to bring in any help. Mayor Standley asked for opponents to the liquor license. There were none. City clerk reported no opponents by letter. Mayor Standley closed the public hearing. Councilwoman Johnston moved to approve the three-way liquor license for Country Road Ltd., seconded by Councilman Wishart. All in favor, motion carried. ASPEN VIEW CONDOMINIUMS - Final Subdivision Approval Hal Clark, planning office, told Council the P & Z had recommended adoption of the conditions incorporated in the subdivision improvement agreement. The city engineer ~spenview- is happy with the final plat. Clark told Council that Aspen View had submitted an Final appraisal for the open space dedication. City Manager Mahoney told Council he was Subdivision asked to agree on the appraisal. Mahoney said he felt it was a very generous appraisal, which was $92,000 on the land as if it were unimproved. Oates told Council that Aspen view had not calculated out the subdivision dedication; they had been negotiating with the Housing Authority about perhaps obtaining a waiver of that fee. Councilman Behrendt came into Council Chambers. Oates said he understood that the subdivision dedication fee would be a straight 4 per cent, or $3,600. Bill Kane told Council this project had been going~on for many months and was initiated before the subdivision regulations were revised. City Attorney Stuller said that usually projects enjoy the procedural requirements in existance when they apply but not the substanitive ones. The right-of-way that Aspen View granted the City is an additional obligation. Ms. Stuller said Aspen View could either accept the formula under the code or attempt to make a legal argument that the prior subdivision regula- tions apply to this project because it was initiated under that. Ms. Stuller stated the City would not compromise their legislation for Aspen View's benefit, but if the problem could be resolved in-house, she would have no objection. Oates said he would accept working this out on an administrative level. Oates stated he felt Aspen View should be treated under the ordinance in effect at the time they applied and have the dedication calculated at straight 4 per cent. This project has been pending for quite awhile, and they have been meeting increasingly burdensome subdivision regulations. Ms. Stuller reiterated there is precedent for the fact that people are entitled to enjoy the procedural requirements in existence when a procedural review is initiated, but subdivision dedication requirements have not really been considered procedural; they have been considered substantive. Mayor Standley said that Council is not supposed to negotiate the fee for subdivision dedications. This is supposed to be worked out between the applicant, planning office, and City Manager. City Attorney Stuller suggested going through with the balance of the public hearing and conditioning final approval on solving the fee problem. Hal Clark said basically all the conditions have been covered in the improvement agreement. The City Attorney and City Engineer have looked at this project. The planning office is recommending final approval with the condition that the administra- tive staff look at the open space dedication. Mayor Standley asked what the unit price spread was. John Ginn answered $33-32,000 for one bedroom, and $42-45,000 for two bedrooms. Oates pointed out this building has been in existence since 1969. Councilwoman Johnston questioned the bonding and escrow procedures for the sidewalks, curbs, and gutters; that it becomes difficult later on to collect that money. Ms. Stuller told council the City does nOt escrow funds unless they have immediate plans ~ for improvement because the Colorado Supreme Court said that indefinite escrow is invalid. If the City has an improvemen~ program, the City does take the funds and Aspenview- escrow. In this case, Aspen View has agreed to join in any improvement districts if contd, and when they are proposed and to make certain amprovements to their frontage. Oates confirmed that Aspen View had agreed to participate in any improvements. Mayor Standley told Council that the dedication under the new subdivision regulations will be approximately s10,000 rather than S3,680 under the straight 4 per cent. Oates asked if they would get credit for the land dedicated for right-of-way. Ms. stuller answered that these were two different dedications. The cash was for open space dedication. Oates told Council that Aspen View was proceeding in conjunction with the approval of the final plat with an exemption which would allow them to acquire a parcel of property an order to dedicate that to the City, a portion of Midland avenue laying westerly of the project. Ms. Stuller told Council they were asking for exemption from definition of subdivision for that parcel of land, which P & Z recommended approval for. Councilwoman Johnston said that if a developer went along with the Housing Authority, she would hope that the City would give some credits towards the subdivision dedication fee. Any way in which the City could help control the pricing situation is one of the things that are being looked at in the housing program. Mayor Standley agreed and suggested having the City Attorney investigating with the Housing Officer the idea that if the property as run through the housing authority, that they only pay the straight 4 per cent dedication. If the project did not go through the housing authority, they would pay the new subdivision dedication fees. Council agreed they were ~nterested in having ~he City Attorney investigate this. Ms. Stuller told Council 5hat the P & Z, on their own initiative, was recommending changes to the subdivision regulaticns in con]unction with the housing authority to make to the Council. This would take only ordinance adoption as it as not a zoning code change. Oates stated that all these added costs were passed through to the buyers, and this would make the units more expensive. Councilwoman Pedersen pointed out that, although costs are passed on, paying the subdivision dedication fee would only be S556 to each unit. The per unit cost increase is not that large. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to accept the final plat and authorized Mayor Standley to execute the agreement, and grant the exemption from subdivision, condition on satisfac- tion of the dedication requirements; seconded by Councilman Parry. All in favor, motion carried. CLUB 20 Club 20 Mayor Standley told Council that Club 20 had been approaching the City for periods of fund time. The City has never joined this group. They are making a specific request that request the City join. Mayor Standley said he understood the County had joined Club 20. Mayor Standley said that the City had the opportunity to joan Club 20, Colorado pal League, and Colorado Counties. Colorado Municipal Leage and Colorado Counties are not really sensitized to our area. Club 20 takes in a twenty region of the mountain part of Colorado. Club 20's approach is very typical Chamber of Commerce. Mayor Standley's concern was that Aspen has been talking about a western Colorado train for passenger service. The COG, City and County have been tryang to get this going. Club 20 has not yet thrown their support behind this and help push it. Mayor Standley also pointed out that COG was not included in Club 20's invitation. COG is the one organization that has locally elected officials on its boards, has a staff to help Citys and County write grants, and organize local problems. COG is responsive to Aspen and Pitkin County. Mayor Standley did not feel that Club 20 has done anything for Aspen. Mayor Standley recommended turning down the request for S500, and authorizing the Council to write a letter explaining Aspen's feelings about Club 20 and the fact that they have not been responsive to local problems. Councilman Behrendt moved to accept and act on Mayor Standley's recommendations; seconded by Councilwoman Pedersen. All in favor, motion carried. STUDENT REPRESENTATION ON THE COUNCIL Mayor Standley told Council that in the past there had been representation to the Council from the high school. The Council had received a letter from Aspen High School asking Student that the Council consider this position. Mayor Standley said he felt that Council ought representa- to define what type of role this student would have. They should not be a voting member tion to of Council, nor should they have full recognition of Council in terms of enterang into Council discussion since they were not elected officials. Mark Lewy and Larry Beer represented the student body. Student representation had been done in the past, but had died out because of lack of interest. Beer indicated that there was an interest on the s~udents' part again. Lewy told Council that well over 200 students were interested in starting a teen center, some place for teenagers to go. Lewy and Beer have started a newspaper at the high school, which has generated interest. Beer told Council he felt the students could be a valuable voice in the community. Five or slx s~udents have expressed interest in holding such a position. Councilwoman Johnston asked if this would only be Aspen High School. Beer said they had only considered Aspen High School, but would open it up to other schools. Council- woman Pedersen said she would like to see some young people evince some interest. In 28 months, there has never been any sort of interest evinced by anyone at Aspen High School. With route matters that constitute the governmental process, there has been nothing from the student body. Councilwoman Pedersen said she felt Council needed time to define what a student repre- s entative would be. Councilwoman Pedersen also said she would like to be convinced of interest before going ahead with this program. Councilman Behrendt said he would like to see a proposal or job description for this position. Mayor Standley said the Council would like to see a written job description that is put together to describe why the job is appropriate for a student member to represent the students at the City Council. Mayor Standley also asked for the opportunity for the Country Day School and the Community School to get involved. When the students come back with a written job description, Mayor Standley also asked for a way for all of the schools to get into the process. Councilman Wishart said he liked the idea but felt it was not developed far enough. Councilwoman Johnston agreed, stating she liked the idea of a student liason. Mayor Standley said these ideas have merit and the Council would be interested in supporting them, but the merit has to be followed through with work and objectives to prove there is interest. City Manager Mahoney added that the City of Aspen is governed by a Charter and there is nothing in there states the City can give any privileges in government, and this could be setting a dangerous precedent. Mayor Standley suggested that the students respond to the Council's comments and prepare a written proposal for the next meeting. KNOLLWOOD WATER Lester Howe passed out a statement to the Council from ten homeowners in Knollwood. This statement told Council that nineteen homeowners received a statement from the City of Aspen water department notifying them they were responsible for costs of repairing ~ater Problem leaks in the water system serving them, and they each owed $52 for work already done. Knollwood Howe stated this is the first time in five years they Knollwood was informed they were individually responsible to pay for cost of repairs. Howe also stated for the past five years Knollwood water users have paid the same for their water as any other user in the county. No other users in the county pay for costs of repairs. Howe stated that the nineteen Knollwood users have paid approximately $28,500 in the past five years. The City has also been charging a tap fee or hook-on fee in the past three years. The City seems to be taking the position that to hook on, it is the City's water system; but when it leaks, then it is Knollwood's system. Howe asked that the charge for repairs be taken off Knollwood's accounts permanently; that the City acknowledge its responsibility to make necessary repairs; and that Knollwood be given equal service for equal rates. City Engineer Dave Ellis told Council that if the City were to put in labor, equipment, engineering and administration, the City's contribution would amount to $26,000. If the homeowners were to pay for an 8 inch water line; the cheapest method of patching the road when the City got done, their contribution would be $29,000 which makes it a $55,000 project. This would change it from a 3½ inch plastic line to an 8 inch duct line which would meet the current standards of the City. This would be a major upgrading. This upgrading would include addition of four fire hydrants and some footage to make it a loop system. A 6 inch line would not meet the City's current standard. City Manager Mahoney said he felt the basic issue was who owned the plant in Knollwood. Councilman Parry asked if the City collected tap fees on that line, wouldn't that make the City assume the responsibility of that line. City Attorney Stuller said that the file showed that the water system was never accepted. Councilwoman Johnston asked if acceptance of a system like this normally part of subdivision acceptance. Ms. Stuller answered Knollwood was never annexed to the City. If they were a City subdivision, they would have to replace the substandard water system and convey to the City at the end of construction. Ellis told Council that the Knollwood system dates back to the early 1960's and was a well system. Ellis said the present procedure for water systems is to have the plans approved for the system, build the system to City specifications; deed the City all easements requested, and then give the City a bill of sale. Prior to 1972, Ellis stated he could find no evidence that any water lines were accepted. City Attorney Stuller said that Knollwood is requesting that the City replace and maintain a substandard system at a cost to the entire city. Residents of the City and new subdividers are required to construct standard water systems, make a plant invest- ment fee, and dedicate their system to the City. To take the P.I.F.$ and dedicate them to an out-of-city water system is a great inequity. The plant investment fee is designed to make major improvements to the overall system and not necessarily for localized repairs. Mayor Standley said the Council had to decide what their posture was, and then Knollwood decide what the solutions are. City Manager Mahoney outlined four solutions (1) The City accept the system and the problem (2) Deliver water to a meter main valve and let Knollwood worry about the distribution (3) Require that Knollwood bring the system up to City specifications (4) require that Knollwood starting funding programs to replace the system. Mayor Standley suggested that Knollwood pay P.I.F.s and the City would accept the system and put it up to standards. This would have an inequity of using the P.I.F. for a localized problem and a negative effect on the homeowners of a large fee. Mayor Standley said he would recommend getting the system upgraded and accepted by the City. Mayor Standley stated that he did not feel the City is responsible for maintaining or upgrading plastic pipe. That would be unfair to the rest of the community Mayor Standley explained to the Knollwood representatives that out-of-city water rates are higher than those in-city because in-city residents accept the responsibility of general obligation bonds, special assessments districts, various capitol projects that affect city taxpayers. A Knollwood representative said that they should receive maintenance or lower water Knollwood rates. They are paying the same as other county water users and not getting maintenance. water Mahoney answered that other county water users had put money, into their water system to bring it up to City specifications. Mayor Standley said a water improvement district for Knollwood could!be set up, the City would be the contractor and do the project and Knollwood would be paying into the district. Ms. Stuller pointed out that Knollwood would have to set up the district themselves as they are outside the City. Ms. Stuller told Council the City is entitled under the charter to enter into joint facilities agreements with pri~ate entities. The City would continue to charge Knollwood the ordinance adopted rates for out-of-city water and in addition, establish a program where fees are assess against each owner and applied to replacing the line. Mayor Standley said!the Council had to take the stand that the City accept responsibility for the water system or not accept responsibility. If the City does not, then Markalunas, City Manager Mahoney, and Ellis work with Knollwood to determine what kind of a program should be used to get system upgraded. Councilwoman Peders~n moved that the City does not accept responsibility for the system and its problems; seconded by COuncilman Wishart. All in favor, motion carried. Mayor Standley said !the second question does Knollwood owe the City of Aspen $1,000 for repairs to the system, the answer is apparently yes because the City is not accepting responsibility for the system. Howe said he felt it was the fault of the Sanitation Department that these repairs had to be done. Ms. Stuller suggested their remedy was against the Sanitation District, but it was their remedy, not the City's. Council recessed fori fifteen minutes CHANGES TO THE ZONING CODE John Stanford of theiplanning office, presented slides of buildings under construction, available land to build upon, and buildings that could be enlarged under the building Zoning code. Bill Kane presented some recommended changes to the zoning cOde. This summer's Code - building activity oflprojects authorized under Ordinance ~19, Series of 1974, yielded changes approximately 170,000 square feet of office and retail space. The planning office did a survey of vacant land, which indicates there is 900,000 square feet of building potential in the office and retail space zone. The planning office is recommending changing the far in the CC C-1 and office zones. Kane told Council that an Environmental Impact Statement for the Aspen Metro Sanitation district forecasts an annual average growth rate of 7 per cent. In response to that, the planning office is recommending certain re-zoning changes in residential areas. Kane listed the ~reeommended changes (1) Amendments to the zoning specifications which control the height, bulk and floor area of commercial buildings (2) Amendments to the zoning map to change those areas zoned for office in the downtown to residential districts (R/MF) (3) Reducation in residential densities in several areas (4) Recommendations for acquisition of critical land parcels to provide opportunities for public facilities, open space and removal of certain specific growth pressures and (5) Additions to vie planes in the CC zone. Kane submitted three tables to CounCil of (1) building under construction or approved for construction (2) Vacant land with development potential (3) reducation in residential densities. Kane told Council the planning office recommends reducing the floor area ratios'in F.A.R.s the CC; changing the far in C-1 from 1.5:1 to 1:1; in the office zone, combine O-1 and 0-2 and have an far of 1:1; and include sub-basements and parking in the far. Stanford illustrated on a map for Council the buildings under construction and develop- Main ment potential. Stanford told Council the planning office recommended developing street basically one office district for the downtown area, with an office district on Main street and a potential for an "H" Historic district on main street.. Kane listed the recommended reductions in height and setbacks, in the C-1 zone reduce Reducation the height to 32 feet; in the CC zone maintain the 40 foot height limit; and set a in height height limit in the new 0 zone of 25 feet. The planning office recommended that the square footage for food stores be reduced from 20,000 to 12,000 and for major appliance stores from 12,000 to 9,000 square feet. Residential densities in areas now not developed were recommended to be reduced as follows: Mixed west residential from R-6 to R-15; Lakeview subdivision R-6 to R-15 PUD; Oklahoma Flats, R-15 PUD to R-30 PUD; Holy Cross, R-15 to R-30 PUD; Aspen One, R-6 PUD to R-15 PUD; Riverside R-6 PUD to R-15 PUD; Spring and Main, R/~ to R-6 PUD; R-15 L (lodge area) R-15 L-PUD to R-30 L-PUD; Mixed east residential, R/MF to R-6. Kane also listed recommended acquiStions of land parcels in order to defer high pressures D f growth and give opportunities of growth; Sinclair site, Riverside trailer park, Bass Land park, Lot west of Isis theatre, Wiener stube garden, Aspen One, Holy Cross Electric, parcel North of Nell building, Koch Lumber company, Little Cliff's Bakery, Aspen Ski Corp acquisitioi property, three houses behind City Hall, Capp's Auto Supply. Council referred these zoning change recommendations to P & Z and then scheduled a joint work session with the P & Z for Wednesday, October 22. ORDINANCE #61, SERIES OF 1975 - Rezoning 700 West Hopkins Ord.61 Mayor Standley o~ened the public hearing. There were no comments. Mayor Standley closed Rezoning the public hearing. Mayor Standley pointed out that 700 West Hopkins seemed to be 700 West pursuing a course with regard to their open space dedication fee and questioned tabling Hopkins this ordinance. City Attorney Stuller pointed out that rezoning had to be completed 90 days after annexation. Councilman Behrendt moved to read Ordinance #61, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE 961 (Series of 1975) AN ORDINANCE REZONING THE SITE OF THE 700 HOPKINS AVENUE APARTMENT TO RESIDENTIAL R-6 was read by the city clerk. Councilwoman Behrendt moved to adopt Ordinance ~61, Series of 1975, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Pedersen, aye; Parry, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE = 62, SERIES OF ~975 - Rezoning Enclaves Ord. 62 Mayor Standlev opened the public hearing. There were no comments. Mayor Standley Rezoning closed the public hearing. Enclaves Councilwoman Pedersen moved %o read Ordinance ~62, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~62 (Ser~es of 1975) AN ORDINANCE REZONING THREE RECENTLY ANNEXED ENCLAVES LOCATED WITHIN THE WEST END OF THE CITY OF ASPEN, AND REZONING SAID PARCELS AS RESIDENTIAL R-15 was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~62, Series of 1975, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~63, SERIES OF 1975 - R~zoning Aspen View Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 63,1975 Rezoning Councilwoman Pedersen moved to read Ordinance ~63, Series of 1975; seconded by Aspenvlew Councilman Behrendt. All in favor, motion carried. ORDINANCE 463 (Series of 1975) AN ORDINANCE REZONING A TRACT OF LAND CONTAINING .1126 ACRES WHICH IS THE SITE OF ASPEN VIEW CONDOMINIUMS AND ZONING SAID PROPERTY RESIDENTIAL MULTI-FAMILY was read by the city clerk. Councilwoman Pedersen moved to adop~ Ordinance ~63, Series of 1975, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion carried. CALAH~ SUBDIVISION Outline Development Plan Mayor Standley opened the public hearing. Callahan Hal Clark, planning office, told Council this was basically the same as approving the Subdivision conceptual subdivision. Conceptual approval and outline development plan are usually ODP done at the same meeting, but in this case conceptual approval had been speeded up to accommodate the county in'~getting their trail agreements worked out. Clark also told Council the project is exactly the same as was approved under conceptual; 34 total units. The planning office recommends to approval of the outline development plan. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to approve the outline developmen~ plan; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~64, SERIES OF 1975 - Annexation of Benedict Property Councilwoman Pedersen moved to read Ordinance ~64, Series of 1975, on first reading; Ord.64,1975 seconded by Councilwoman Johnston. All in favor, motion carried. Benedict 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 CON- TAINING 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 Pedersen moved to adopt Ordinance a64, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Pedersen, aye; Wishart, aye; Behrendt, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. CITY MAnaGER 1. Forest Service. City Manager Mahoney asked Council for a mandate to pursue the U.S. Forest Forest Service review to the Washington D.C. level. Mahoney t01d Council that the ilService City has been objecting to the Forest Service decision, and unless the Council objected,i! review the City administration will continue on with the same objections. Mahoney also asked the Council if they wanted the City staff to assist on Senate Bill 2125 recommendations. Mayor Standley said that Senator Haskell requested that the City formulate some of Aspen's ideas. Mayor Standley also said that Herb Klein of the Roaring Fork Citizen had been asked to help, but was asking reimbursement for his work. Councilwoman Pedersen stated the City had City Attorney Stuller on the payroll and that the County could reimburse Herb Klein if they wanted to. Mayor Standley agreed, stating that the City had staff qualified to deal with this particular problem. Mahoney asked Council if they wanted the City to go to the Courts to ask they to stay the decision of the Forest Service. City Attorney Stullsr said she did not support this. Councilman Wishart indicated that the City staff ought to go to the top of the review process first. Council decided the best way to proceed was with Senate Bill 2125 and the review process through Washington D.C. Council instructed Mahoney to proceed and keep the Council informed. City Attorney Stuller told Council the City has until November 1 to submit changes to Senate Bill 2125. 2. Cats. City Manager Mahoney told Council he would like this item tabled. Mahoney Cats told Council he would like to investigate the City's contract with Luther Albright. 3. Swimming Pool. City Manager Mahoney stated he was not convinced that the City Swimming has a market for a covered swimming pool, that only small groups would use it very Pool intensely. Parks and Recreation Director Armstrong had submitted a packet to Council covered outlining the costs, details, proposed uses, etc. Mayor Standley pointed out that the City swimming pool this past summer had had about 20 per cent projected use. The operating deficit is $20,000 a summer. Councilwoman Johnston pointed out that the largest use of a covered pool, year-round, would be by students. The burden to pay for this should fall with the schools, not the City. Apparently the schools are not jumping at the chance to help the City on this project. Mayor Standley said Herman Edel deserved a vote of thanks for all the work he put into researching this project. Mayor Standley stated the City should not pursue this until user groups come forward that will insure utilization that will cover operating costs. Council agreed with this approach 4. Colorado Employment Office. City Manager Mahoney told Council that the Colorado State Employment department was looking for space to put an office in Aspen. Mahoney Colorado pointed out that this office distributes Pederal funds for programs like C.E~T.A and Employment W.I.N. Mayor Standley asked why this would benefit the community. Mahoney answered Office it would help people looking for jobs and employers looking for help. It would also handle the distribution of unemployment. Mayor Standley said he objected to the City creating an atmosphere for the dropouts, this makes it too easy for them to hang out in Aspen. VROOM BUILDING - Request for Encroachment Vroom Roy Vroom submitted to Council a letter and survey map of an encroachment he was asking building - for on his building at Mill and Main streets. This encroachment would be for a wrought encroach- iron fence. ment Councilwoman Pedersen moved to grant the encroachment with the inclusion of a bench for a bus stop. Seconded by Councilman Parry. All in favor, motion carried. RESOLUTION %37, SERIES OF 1975 - Certifying the Mill Levy and Adopting the Budget for 1976 Res.37 Certifying Councilwoman Pedersen moved to read Resolution %37, Series of 1975, seconded by Council- the mill man Behrendt. All in favor, motion carried. levy and adopting RESOLUTION %37 1976 (Series of 1975) budget WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1976, and ending December 31, 1976; and WHEREAS, the budget as submitted sets forth the following estimated fiscal data including anticipated revenues and expenditures for the year 1976: Revenues Expenditures Transfers Surplus General Services and Operation $2,174,613 $(2,278,460) $103,847 -0- Land Acquisition including Open Space andCapitalIn~prov~ents Sales Tax fund 763,663 (624,612) -0- 139,048 Transportation/Mall Sales Tax Fund 836,593 (577,365) 259,228 Water Fund 730,000 (693,902) (20,000) 16,098 Electric Fund 943,250 (735,818) (83,847) 123,585 TOTALS $5,448,119 $(4,910,160) $ -0- $537,959 WHEREAS, the assessed valuation of taxable property for the year 1975 in the City of Aspen returned by the County Assessor of Pitkin County, is the sum of Thirty Million Eight Hundred Seventy Thousand Eight Hundred Ninety ($30,870,890,00) Dollars; and WHEREAS, the c~{y C°unci1 has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the City of Aspen is 3.6 mills; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; That the budget for the City of Aspen as submitted, is hereby Budget res. adopted, which adoption shall constitute appropriations of the amounts cont'd specified therein as expenditures from the funds indicated; and that the estimated budget expenditure requirements of $111,135.00 is declared to be the amount of revenue necessary to be raised by the tax levy and income from all other sources, including surplus at the beginning of the year, to pay the expenses and certain indebtedness of the City, including interest upon the indebtedness, and to provide a reasonable surplus at the close of the fiscal year beginning January 1, 1976, and ending December 31, 1976; BE IT FURTHER RESOLVED that for the purpose of defraying the expenses of the City of Aspen, Colorado, during the fiscal year beginning January 1, 1976, and ending December 31, 1976, there is hereby levied a tax of 3.6 mills on said dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado, for the purpose of raising the sum of $111,135.00 which, together with the surplus and revenue from all other sources, is estimated to meet budget expenditure requirements and provide a reasonable closing surplus for said fiscal year. Councilman Wishart moved to adopt Resolution ~37, Series of 1975; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~74, SERIES OF 1975 - Popcorn Wagon ~rd.74, 1975 City Attorney Stuller explained to Council this ordinance was in response to Council's Popcorn request to come up with a way of getting the Popcorn Wagon legitimized, which Council Wagon basically agreed they wanted to do. This ordinance is site specific to the Mall and C-C district and does not allow the Popcorn Wagon outside of these boundaries. Ms. Stuller told Council that the Popcorn Wagon must comply with the H-historic district. Councilman Behrendt asked if there was a way to specifically identify this particular Popcorn Wagon. Cam Johnson, owner of the Popcorn Wagon, told Council the Wagon was owned by Unison Inc., specifically incorporated for the Popcorn Wagon, and the Wagon had a serial number. Ms. Stuller told Council that there is a $500,000 limit on the indemnification insurance. Ms. Stuller asked Ms. Johnson if there were propane gas tanks on the premises. Ms. Johnson answered no. Ms. Johnson asked that the Council more specifically the requirements to allow the Popcorn Wagon to remain in town. Ms. Stuller answered when the the public health, safety, or welfare, so required. Councilman Wishart moved to read as amended Ordinance ~74, Series of 1975, seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #74 (Series of 1975) AN ORDINANCE EXEMPTING THE POPCORN WAGON FROM THE FIRE RESTRICTIVE CONSTRUCTION REQUIREMENTS AND TOILET FACILITIES REQUIRES~NTS OF THE UNIFORM BUILDING CODE; PROVIDED THAT TOILET FACILITIES ARE AVAILABLE; THAT ACCESSORY BUILDINGS COMPLY WITH THE CODE; THAT ALL OTHER HEALTH, ZONING, BUILDING AND FIRE CODES ARE COMPLIED WITH; AND THAT HISTORIC DESIGNATION OF THE STRUCTURE IS APPLIED FOR; AND THAT THE OWNER AND OPERATOR INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY LIABILITY BY REASON OF THE EXEMPTION GIVEN was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~74, Series of 1975, on first reading as amended; seconded by Councilman Parry. Roll call vote, Councilmembers Behrendt, aye; Parry, aye; Pedersen, nay; Wishart, aye; Mayor Standley, aye. Motion carried. MELVILLE REQUEST FOR ENCROACHMENT Ralph Melville had submitted a map and request for encroachment on an existing retaining ~elville wall so that he could re-finance the Mountain Chalet. Encroachment Councilman Behrendt moved to grant the encroachment; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #65, SERIES OF 1975 In-City Water Rates City Attorney Stuller explained to Council this Ordinance would change the water code on Ord.65, 1975 charges and determine as in-city the point of use rather than the point of tap. In-city water rates Councilwoman Pedersen moved to read Ordinance #65, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~65 (Series of 1975) AN ORDINANCE REPLEAING SECTION 23-103 REENACTING THE SA~.~ AS A NEW SECTION 23-156 OF THE ASPEN MUNICIPAL CODE WHICH REENACTMENT MAKES CLEAR THAT ALL CHARGES PROVIDED FOR IN ARTICLE III OF CHAPTER 23 COME WITHIN THE PROVISION THAT IT IS THE POINT OF USE RATHER THAN CONNECTION THAT DETERMINES WHETHER THE IN-CITY OR OUT-OF-CITY RATE OR CHARGE APPLIES was read by the city clerk. Regular Meeting Aspen City Council October 14, 1975 Councilwoman Pedersen moved to adopt Ordinance 965, Series of 1975, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE 966, SERIES OF 1975 & ORDINANCE ~67, SERIES OF 1975 City Attorney Stuller told Council these ordinances were both code changes and should be referred to the P & Z. Councilman Behrendt moved to refer Ordinance 966 and Ordinance 967, Series of 1975, back to the P & Z; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #68, SERIES OF 1975 - Occupancy of Right-of-Way 0rd.68,1975 Councilwoman Pedersen moved to read Ordinance ~68, Series of 1975, seconded by Councilman Occupancy Parry. All in favor, motion carried. of right- of-way ORDINANCE ~68 (Series of 1975) AN ORDINANCE AMENDING SECTION 19-5 OF THE ASPEN MUNICIPAL CODE TO INCLUDE WITH PROHIBITIONS OF THE ORDINANCE THE MAINTENANCE OF STRUCTURES WITHIN THE RIGHT-OF-WAY AS WELL AS THEIR CONSTRUCTION OR OCCUPANCY; EXCEPTING ACTIONS BY THE CITY OR ITS AGENTS; NAD FURTHER EXCEPTING STRUCTURES REQUIRED OR OTHERWISE PERMITTED BY LAW was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~68, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~69,. SERIES OF 1975 Property Trespass City Attorney S~uller told Council this Ordinance was needed, for example, to get automobiles that are left on other people's property. Ord.68,1975 Property Councilman Parry moved to read Ordinance ~69, Series of 1975; seconded by Councilwoman trespass Pedersen. All in favor, motion carried. ORDINANCE a69 (Series of 1975) AN ORDINANCE AMENDING SECTION 13-47 OF THE CRIMINAL CODE SO AS TO INCLUDE WITHIN THE DEFINITION OF TRESPASS THE PLACEMENT OF PROPERTY ONTO THE PREMISES OF ANOTHER was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~69, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vo~e, Councilmembers Behrendt, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. ORDINANCE #70, SERIES OF 1975 - Expiration of Building Permits Ord.70,1975 City Attorney Stuller reminded Council this Ordinance was at their request in order to get excavation holes filled in if there was no progress in a certain time period. expiration Council pointed out there should be opportunity for relief if there is a hardship of of building some kind. permits Councilman Behrendt moved to read Ordinance ~70, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE 470 (Series of 1975) AN ORDINANCE REPLEAING AND REENACTING SECTION 302(d) OF THE 1973 EDITION OF THE UNIFORM BUILDING CODE (PREVIOUSLY ADOPTED BY REFERENCE IN ORDINANCE NO. 15, SERIES OF 1975); WHICH SAID SECTION ON REENACTMENT WILL PROVIDE FOR THE EXPIRATION OF BUILDING PERMITS IN THE EVENT WORK SHALL NOT COM- i MENCE WITHIN ONE HUNDRED TWENTY (120) DAYS OF ISSUANCE AND PROGRESS AT A RATE EQUAL TO TEN (10%) PER CENT OF VALUATION EACH SIXTY (60) DAYS; AND FURTHER PROVIDING THAT ON EXPIk~TION OF A PERMIT THAT EXCAVATIONS SHALL BE FILLED, PROTECTIVE STRUCTURES REMOVED, AND THAT THE PERMIT MAY REISSUE WITH CERTAIN LIMITATIONS was read by the city clerk. The Council said that the burden of proof of progress ought to be on the applicant. Hans Gramiger told Council he felt that further burdens on contractors and developers was unfair and this had an inflexible aspeot. ~ayor Standley pointed out that the City had had complaints about the construction holes in the city, they are unsafe. They also generate dust and are unsightly. Mayor Standley also said that the idea of this ordinance is if a contractor has his act together, he will get the building buildt instead of trying to sneak in before new zoning provisions and then ~ust let the excavation hole sit there. Councilwoman Pedersen moved to adopt Ordinance ~70, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. 1868 Regular Meeting Aspen City Council October 14, 1975 ORDINANCE ~71, SERIES OF 1975 - PUD This ordinance will be discussed at the joint study session with P & Z and Council on Wednesday, October 22, 1975. Planner Bill Kane asked that for the slope reduction calculation that the flood plane land not be included in the density calculation; just the developable land. ~ ~ ORDINANCE 472, SERIES OF 1975 - Changes to the busines licensing provisions 0rd.72,1975 changes to City Attorney Stuller told Council this ordinance was just cleaning up the business business license ordinance already in the books, licenses Councilwoman Pedersen moved to read Ordinance ~72, Series of 1975, seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 472 (Series of 1975) AN ORDINANCE AMENDING SECTION r2-30 OF THE ASPEN MUNICIPAL CODE CON- CERNING BUSINESS LICENSING WHICH AMENDMENT PRECLUDES THE USE OF CITY BUSINESS LICENSING SO AS TO INTERFERE WITH THE PRACTICE OF ANY PRO- FESSION LICENSED BY THE STATE OF COLORADO EXCEPT SO AS TO BRING THE BUSINESS OR AN APPLICANT INTO CONFORMANCE WITH THE CITY BUILDING, ZONING, HEALTH, CRIMINAL AND OTHER CITY ORDINANCES was read by the city clerk. Councilman Behrendt moved to adopt Ordinance 472, Series of 1975, on first reading; seconded by Councilman Wishart. Roll call vo~e; Councilmembers Behrendt, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE 473, SERIES OF 1975 - Change to the Subdivison Regulations Ord.73,1975 City Attorney Stuller told Council this ordinance was merely describing the procedure changes to the City already has for reparcelling lots and blocks in the City. subdivision regulations Councilwoman Pedersen moved to read Ordinance 473, Series of 1975; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~73 (Serles of 1975) i~ AN ORDINANCE AMENDING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE (SUB- DIVISION REGULATIONS) BY THE ADDITION OF SECTION 20-4 THERETO; WHICH SAID AMENDmeNT REQUIRES COMPLAINCE WITH SUBDIVISON REGULATION IN THE I EVENT OF RESUBDIVISION OF TRACTS PREVIOUSLY SUBDIVIDED OR THE PARCELING OF TOWNSITE LOTS SHARING CONTINUOUS FRONTAGE AND UPPER SINGLE OWNERSHIP; PROVIDING THAT THE ADOPTION OF SUBDIVISION REGULATIONS BY THE CITY OF ASPEN SHALL NOT BE CONSTRUED TO ABROGATE EARLIER SUBDIVISION AGREEMENTS OR RESTRICTIVE COVENANTS; AND PROVIDING FURTHER THAT NOTHING HEREIN SHALL BE CONSTRUCTED TO PREVENT AN APPLICATION FOR EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEN THE REQUIREMENTS OF SECTION 20-19(b) ARE MET was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 473, Series of 1975, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Behrendt, aye; ~ayor Standley, aye. Motion carried. CITY ATTORNEY EMPLOY~ENT CONTRACT Councilwoman Pedersen moved to approve the contract as submitted; seconded by Council- City Attorney man Behrendt. Ail in favor, motion carried, employment contract Councilwoman Pedersen moved to adjourn the Council meeting at 9:10 p.m. seconded by Councilman Behrendt. All in favor, motion carried. Kath~n S. Hauter, Cit~ Clerk Regular Meeting Aspen City council October 27, 1975 Mayor Standley called the meeting to order at 5:10 p.m. with Councilmembers De Gregorio~ Johnston, Parry, Pedersen, City Manager Mahoney and City Attorney Stuller present. Mayor Standley had two requests to add items to the agenda; the Aspen Athletic Club and the Captain's Anchorage, request for encroachment. Councilman Parry moved to add the CDES building (Aspen Athletic Club) to the agenda. No one seconded. Motion died for lack of a second. The Captain's Anchorage will not be considered until the next regular Council meeting