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HomeMy WebLinkAboutminutes.council.19751027Regular Meeting Aspe~ City Council October 27, 1975 Mayor Standley called the meeting to order at 5:10 p.m. with Councilmembers De Gregorlo 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 MINUTES There were no minutes to approve. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Mayor Standley said that the City used to have a wheeled-stoplight at Garmisch and Main to help the kids across the street. Then the City installed a stoplight at Aspen Stoplight and Main for the school children to cross the street. There is also a police department Aspen- personnel at this crossing to help kids across the street. Mayor Standley pointed out Main that the City did not need both the light and police department personnel there. This was not saving any money. Councilwoman Johnston said that the light on Aspen was car-activated and would no= react to a bicycle. This may be causing problems with the kids that ride their bikes to school. Mayor Standley said if the stop light was not needed, he would like to get it out of town. Councilman De Gregorio pointed out that the stoplight was installed to help get the bus traffic onto Main street. City Manager Mahoney told Council that the police department personnel were only at this intersectidn in the morning. Having a policeman there also is a deterrent to speeding cars on Main street. Mayor Standley said he would much rather than a policeman than a stoplight. Student STUDENT REPRESENTATION TO CITY COUNCIL Representati, n Mayor Standtey and the Council had requested the students to put together a proposal and job description and to get together with the other schools in the community. The students had enclosed a proposal in the packet. Stephanie Shellman of the Aspen Country Day School told Council that her school did not feel that a representative from Aspen High School would represent ACDS's concerns and interests and the two schools are totally separate. Mayor Standley asked Ms. Shellman if she had any alternative suggestions. Ms. Shellman suggested having (a) two representatives on the board or (b) putting the students in the audience and making it a learning experience. Mark Lewy told Council that having students in a "Citizen Participation" aspect defeats the purposes the students had in mind. Mayor Standley suggested having an item on the agenda, Student Report to Council. This would give both schools a chance to report to Council and discuss issues they are con- cerned about and issues on the agenda. Mayor Standley said he was opposed to putting two members on the representation to Council. Councilman De Gregorio pointed out that the student's memorandum said that whomever will report to Council will report regularly to the other schools. Councilman De Gregorio asked if that wasn't satisfactory; if the ACDS wouldn't trust the AHS representative. Ms. Shellman stated her school did not like the idea at all. Councilwoman Johnston said she like the idea of a regular time for the student report. Councilwoman Johnston suggested perhaps at that point in the agenda the students could then join the other City staff people for the duration of the meeting. Larry Beer said he felt that idea had a lot of merit. Ms. Shellman agreed, and stated she felt that both schools should be included, and that it should be a learning experience. Councilwoman Johnston moved to have regular space for student representation at which students given their concerns, and after that students become part of the resource panel; seconded by Councilman Parry. Councilwoman Pedersen asked if this precedent were set, what about the senior citizens and other groups that may want to do the same thing. Mayor Standley noted these groups had the right to express themselves by voting. Mark Lewy told Council they had set up a regular forum at the school to report back to the other students what had happened at each Council meeting. All in favor, motion carried. Aspen Saving~ ASPEN SAVINGS & LOAN - Final Plat Approval and Loan subdivision Planner Kane told Council this project was requesting final plat approval. The site final plat is right across from Bass Park. Kane told Council this was a fairly routine matter, except that this block may be amended from O-Office zone to R/MF. Kane told Council that this project is far enough along that the planning office would not recommend any delays nor recommend against approval. Kane stated that the approval is recommended in conjunction with the requirements listed in the agenda packet by the city engineer, which Dick Meeker, the applicant, has agreed to. Hal Clark, planning office, told Council the extra parking place required had been picked up by the applicant. The 20 per cent grade factor had been a miscalculation. The grade is actually 15.7 per cent. Mayor Standley asked how the grade would be maintained. Meeker answered they had planned to heat it. The.amended plans for this project have a dry well in the basement for drainage. Mayor Standley mentioned that the new regulations discussed the idea of not allowing open space to be below grade, and asked Meeker if his was below grade. Meeker told Council it had been raised up since they had presented the model for conceptual approval. Councilmembers Johnston and Parry said they like the garden level open space effect generally. City Attorney Stuller said she had not seen the subdivision agreement. Meeker replied that there was not one yet. Ms. Stuller said that when the Council gives final approval, they waive any objections or enforcement. In light of the new code provisions, if the City is going to argue administrative delay and not permit permits to issue that would be in derogation of the proposed changes, Ms. Stuller would object to this approval. The planning office is taking the position that this does not set a precedent because there is only one other project in these circumstances. Mayor Standley stated this would not release the next parcel of land to the west of this project from the new changes. Councilman Behrendt asked why Aspen Savings and Loan had taken out the drive-up window. Kane explained this project had come through P & Z as a conditional use in the office zone. The concern at that time was that a full service bank would become a CC zone use. Kane added the planning office was taking a very militant stance on drive-in anything in Aspen. Councilman Parry said he would like to approve this project as originally presented with garden level open space rather than street level open space. City Attorney Stuller said that would present difficulties. If the Council if going to approve Aspen Savings & Loan on that basis, then Council must defeat the Ordinance presented tonight which requires open space be at grade level. This open space at grade level change is a zoning code change and does not affect the subdivision review. If the City is going to have administrative delay, we will assume Meeker will get his building permit before the code change. That is not necessarily the case about this code change in grade level. The permit time is cut off time. Council cannot give Meeker immunity from zoning changes in the future. Councilman De Gregorio moved to approve final plat as it; seconded by Councilwoman Johnston with the added conditions of the city engineer. All in favor, motion carried. COLUMBINE CONDOMINIUMS - Conceptual Subdivision Review Columbine Condominiums The planning office presented this project and told Council it will be a five unit condominium at Original and Hopkins on the southeast corner. The lot is zoned R/MF, and the planning office anticipates full compliances with the zoning regulations. The planning office told Council this is only conceptual approvel. The floor plan may be an issue later on as the area seems to be large. The planning office said they did not feel it was appropriate at this time to deal with the floor plan. Hal Clark noted that this is not an area the planning office is considering a zoning change on. Planner Kane reminded Council the question is the suitability of the land for subdivison, which is platted lots and blocks in the City of Aspen. COuncilman Behrendt moved to approve Conceptual Subdivison review; seconded by Council- woman Johnston. All in favor, motion carried. SUNNY PARK - Exemption from Subdivision Sunny Park Hal Clark told Council this application for subdivision exemption was for a project currently under construction in the Park Circle Area. When Costley applied for a certificate of occupancy, it was discovered that the building permit was issued in error, iClayton Meyring, building inspector, had submitted a memorandum to Council explaining the events in this error. Clark told Council it was important to note that this is an apartment house; Costley is not asking for condominiumization. This project had started before the new regu- lations require that a multi-family dwelling go through subdivision review. This was referred to P & Z for their consideration. On October 21, 1975, the P & Z recommended that subdivision exemption be granted but that a subdivision plat be recorded for the property. Mayor Standley pointed out that this does not affect anythin~ in terms of dedication because it is only a four-unit dwelling. Councilwoman Pedersen moved to approve the exemption for this project; seconded by Councilman Behrendt. All in favor, motion carried. REQUEST TO REZONE PROPERTY OWNED BY STAN JOHNSON Stan Johnson rezone request Chuck Brandt, representing the owner of this property, told Council this land is !North of Nell presently zoned C, conservation. Brandt had done a map for Council to illustrate the piece of property and what is being requested. Last spring~re 'the City did the downzoning, this property was zoned C-l, as was the land to the e~st and west. It was proposed to zone this property C, conservation. This request is to point out the mis- undertanding and failure to take into account consideration of the property status. This piece of property is Hunter Street vacated and 100 by 75 feet wide. It was believed when the planning office recommended this be zoned C, conservation from C-1 there were certain recreational easements to the Ski Corp. It was also believed by the planning office that there were other conveyances that made the entire property ~develoPable. Brandt demonstrated for Council the easements and conveyances. There is an easement to the City of Aspen for a water line and pump house. This is off the property; it runs north and south and is 30 feet east of the property line. There is an easement to the Aspen Ski Corp Which gives them ingress for access to the mountain, it is 14 feet in width. There is a wood deck for access to the ticket office. The Ski Corp has agreed they will release the easement in exchange for a more accessible place to that land. Brandt pointed out the planning office also thought the North of Nell trash area project nfo the property; but it does not. Brandt stated that this piece of land is 30 feet by 100 feet with only one easement, which the Ski Corp had agreed to release on certain conditions. Brandt said it strikes him that the conservation zone does not really apply to this property. Brandt told Council he had spoken with an appraiser. C-1 property from 1971 to 1973 was $6.67 a square foot to $13.33 a square foot and more recently up to $20 a square foot. Brandt was requesting that Council initiate an appropriate rezoning status. Brandt said he was aware of activities to look into rezoining certain areas and felt it would be appropriate to request Council to rezone this property to some commercial status. cond. City/County Planner Bill Kane told Council the planning staff had investigated the history of this site. They had spent substantial time in tracking down the easement. The planning office also investigated with Council to see if legitimate planning processes had been pursued. Kane stated he felt the planning office had spent efforts on this project which are not in the record. K~ane explained the planning background on determining the conservation zone. The urban design plan established a desirability to develop access from town to the mountain. This location was an ideal environment for that. This site also had overlapping easements which made the C, conservation zone make sense. Mayor Standley said that Council at this point had two descriptions of this piece of property that did not agree. Kane told Council he would have to go back and look at the plat to see where these two descriptions disagreed. Kane said there was a plat on file in the City Engineer's office which showed the easements; the planning office tried to put them together. Kane will now have to see how he can reconcile these plats. Brandt reiterated the water easement does not pertain to Johnson's land; it is 30 feet away. The City's analysis correctly showed the well pump house site, but it is not on Johnson's property. The City's analysis also thought there was an enrochment of 10 feet for trash storage. There is one 8 foot strip owned by Daily Construction. The only easement on the property is the easement to the Ski Corp, which has been dealt with. City Attorney Struller asked where the power lines were. Brandt answered ~ey were just off the property; on the corner there is overhead lines from the power pole to the pump house. Ms. Stuller asked if there was space allowed_for access~and maintenance of these lines. Brandt answered no, there is no record of easements for this. Councilwoman Pedersen stated that on June 2~ she had suggested to Mr. Johnson that he should apply for the October rezoning hearings. Councilwoman Pedersen said she felt ample time had allowed for that and did not understand why this issue was at the Council level. Brandt told Council that he felt if his analysis of this property were correct, this piece of land was erroneously zoned. If so, it would seem that Council could initiate the rezoning rather than the property owner. Brandt said he was suggesting that this land could be rezoned with the entire packet the planning office was suggesting. Kane told Council that in all fairness, the planning office ought to re-look at the plat to square the planning office analysis with Brandt. Councilwoman Pedersen moved to deny consideration at this time as the applicant has not demonstrated a hardship, at the June 27th meeting he had ample time to apply for rezoning to the P & Z. Motion died for lack of second. Councilwoman Johnston moved to ask the planning office to take another look at this in consideration of the new plat and come back to the Council with recommendations; seconded by Councilman De Gregorio. All in favor with the exception of Councilwoman Pedersen and Mayor Standley. Motion carries. Gentry-Perraul GENTRY-PERRAULT - Conceptual Subdivision Review condos Hal Clark, planning office, told Council this is a request for condominiumization of a building currently under construction located behind the Chart House. T~is will have five one-bedrooms and one two-bedrooms; the property is zoned L-2. The project is in conformance with the present zoning. These are luxury apartments not yet occupied. The condominiumization will not affect any dislocation of any local people. Clark~old Council that at a later date the planning office will recommend a cash dedication. The technical provision should be reviewed by the City Engineer. At this point the planning office recommends approval of the conceputal~ subdivision. Councilman Behrendt questioned a sidewalk going up the hill. Clark told Council the plat showed a 5 foot sidewalk. Mayor Standley asked if an inspection had been done of the facility, and pointed out that one bedroom unit had 1500 square feet. Architect Jack Walls told Council this originally was a two-bedroom unit which the owner had converted into a bachelor's pad. Councilwoman Pedersen moved to approve the conceptual subdivision for Gentry- Pettault; seconded by Councilwoman Johnston. All in favor, motion carried. Mall Extension MALL EXTENSION CONSIDERATION Consideration Planner Bill Kane told Council he had submitted a memorandum and was asking for approval to star~ extensive staff time work in order to prepare resolution for street closures. Councilwoman Johnston moved to approve staff work for street closures; seconded by Councilwoman Pedersen. All in favor, motion carried. 0rdo~60,1975 ORDINANCE #60, SERIES OF 1975- _Salary ~hange~. Salary Chang~ s Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to table the second reading of this Ordinance until the Council has a work session; seconed by Councilwoman Johnston. All in favor, motion carried 0rd.~64,1975 ORDINANCE ~64, SERIES OF 1975 - Annexation of Benedict Property BenedictPrope ty Ordinance ~64 was read by the City Clerk. Regular Meeting ~ ...... ~ ORDINANCE ~64 cond. (Series of 1975) AN ORDINANCE ANNEXING TWO PARCELS OF LAND LYING EAST O~ THE~CITY OF ASPEN, THE FIRST CONTAINING-~PPROXIMATELY 4.1, AND THE SECO. HD CQNTAINING APPROXIMATELY 2.2 ACRES, AND ANNEXING THE SAME PURSUANT TO THE PROVISIONS OF THE 1965 COLORADO MUNICIPAL ANNEXATION ACT~ Councilwoman Pedersen moved to adopt Ordinance ~64, Series of 1975, on second reading' seconded by Councilwoman Johnston. Roll call vote; Council members Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye; Motion carried. ORDINANCE ~65 Ord.#65, 1975 (Series of 1975) ~ater Rates AN ORDINANCE REPEALING SECTION 23-103 REENACTING THE SAME 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 Councilwoman Pedersen moved to adopt Ordinance ~65, Series of 1975; seconded by Councilwoman Johnston. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye; Behrendt, aye; Motion carried. ORDINANCE ~68, Series of 1975 Occupancy of Right-of-Way Ord. #68,1975 ~,ight-o f -Way Mayor Standley opened the public hearing. There were no comments. ;cupancy Mayor Standley closed the public hearing. ORDINANCE ~68 (Series of 1975) AN ORDINANCE A~NDING SECTION 19-5 OF THE ASPEN MUNICIPAL CODE TO INCLUDE WITH THE 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: AND FURTHER EXCEPTING STRUCTURES REQUIRED OR OTHERWISE PERMITTED BY LAW. Councilwoman Pedersen moved to adopt Ordinance ~68, Series of 1975, on second reading; seconed by Councilwoman Johnston; Roll call vote: Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~69, Series o~ 1975 - Property Trespass Ord. ~69,1975 ~Q~ermy Trespass Mayor Standley opened the public hearing. There were no comments. ~'iminal Code ~ Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~69, Series 1975, seconded by Councilman Parry. 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. Councilwoman Johnston moved to adopt Ordinance ~69, Series of 1975, on second reading; seconded by Councilwoman Pedersen. Roll call vote: Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye. Motion Carried. ORDINANCE ~70 - Expiration of Building Permits Ord.~70,1975 Building Mayor Standley asked if this ordinance should be modified in terms of building permits Permits that issue at certain times of the year, such as in the winter. Mayor Standley said Expiration that if people are trying to beat zoning ordinances, the City ge~s stuck with people running construction during the winter or else they will loose their permit. Council- man Parry asked if it were possible on some projects to do 10 per cent of the work in a ~ sixty day period. City Attorney Stulter told Council she had presented an amended Ordinance ~70 that allows variances to be granted by the Council. Ms. Stuller pointed out that the Council knows so little of the impact of this ordinance, that this variance power to Council will enable Council to hear requests and educate themselves on the experzences of construction. Councilwoman Johnston asked in Section 2 that hazards should be eliminated, not only Building Permits the protective fence removed, but the holes filled in. City Attorney Stuller Cond. added the phrase, "as well as all hazardous conditions eliminated." Mayor Standley opened the public hearing. Thomas Carlson, of W. A. Wilbur Construction, presented a letter for the record. Carlson told Council that there are times during construction when it is impossible to make any progress at all during the winter, when one cannot get concrete or lumber. Carlson said the first Ordinance =70 is really restrictive because it does not relate to problems of construction of how to determine what t0 per cent progress is. Mayor Standley pointed out this is obviously to deal with developers that are trying to run the project through in anticipation of a zoning change. City Attorney Stuller told Council this is a continuing type of project; each 60 day period is checked to see if there is significant work done. One must continue at the same progression; the very minimum work allowed in a 60 day period is 10 per cent. City Attorney Stuller also stated she could not itemize the various types of relief of problems because of a drafting problem and because Council must react to the public that asks for these variances. Mayor Standley said this ordinance gives on a 120 day period, and 60 day period to keep the project golng; this is effectively a six month period. Starting a project in the winter, taking up parking places and bringing in heavy trucks does not look very good. Mayor Standley closed the public hearing. Councilman De Gregorio moved to read Ordinance ~70, Series of 1975, as amended with Councilwoman Johnston's addition; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~70 Ord. ~70, (Series of 1975) 1975 AN ORDINANCE REPEALING AND REENACTING SECTION 302 (d) OF THE UNIFORM B~l~lding BUILDING CODE (PREVIOUSLY ADOPTED BY REFERENCE IN ORDINANCE No. 15 Permits SERIES OF 1974) WHICH SAID SECTION OR REENACTMENT WILL PROVIDE FOR THE EXPIRATION OF BUILDING PERMITS IN THE EVENT WORK SHALL NOT COMMENCE WITHIN ONE HUNDRED TWENTY (120) DAYS OF ISSUANCE AND PROGRESS AT A RATE EQUAL TO TEN (10%) PERCENT OF VALUATION EACH SIXTY (60) DAYS; PROVIDE THAT ON EXPIRATION OF A PERMIT THAT EXCAVATIONS SHALL BE FILLED; AND PROTECTIVE STRUCTURES REMOVED; PROVIDE THAT THE PERMIT MAY REISSUE WITH CERTAIN LIMITATIONS; AND, FINALLY, PROVIDE THAT VARIANCES MAY BE GRANTED FROM THE PROVISIONS OF THIS ORDINANCE WHEN THEIR APPLICATION WILL PRESENT UNDUE HARDSHIP. was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #70, Series of 1975, as amended, on second reading; seconded by Councilwoman Joknston. Roll call vote; Councilmembers De Gregor~o, aye; Johnston, aye; Parry, aye; Pedersen, aye; Behrendt, aye; Mayor Standley, aye. Motion carried Crd. #73 ORDINANCE 973, SERIES OF 1975 - Addition to the Subdivision Regulations 1975 Subdivision Mayor Standlsy opened the public hearing. There were no comments. Regulations Mayor Standley closed the public hearing. Councilwoman Pedersen moved to ready Ordinance ~73, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~73 (Series of 1975) AN ORDINANCE AMENDING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE (SUBDIVISION REGULATIONS) BY THE ADDITION OF SECTION 20-4 THERETO; WHICH SAID AMENDMENT REQUIRES COMPLIANCE WITH SUBDIVISION REGULATION IN THE EVENT OF RESUBDIVISION OF TRACTS PREVIOUSLY SUBDIVIDED OR THE PARCELING OF TOWNSITE LOTS SHARING CONTINOUS FRONTAGE AND UNDER SINGLE OWNERSHIP; PROVIDING THAT THE ADOPTION OF SUBDIVISION REG- ULATIONS 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 CONSTRUED 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 Johnston moved to adopt Ordinance ~73, Series of 1975, on second reading; seconded by councilman Parry. Roll call vote; Councilmembers; Parry, aye; Pedersen, aye; Behrendt, aye; De Gregotio, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Ord. ~74 ORDINANCE ~74, Series of 1975 - Popcorn Wagon 1975 Popcorn Mayor Standley opened the public hearing. City Attorney Stuller told Council that the Wagon planning office cannot recommend historic designation for the Popcorn Wagon because it is not indiginous to this region. The planning office does not object to the ordinance or the adoption of it, but they did want the Council to be aware they cannot give historic designation. Mayor Standley closed the public hearing, cond. Councilman Behrendt moved to read Ordinance ~74, Series of 1975; seconded by Council- man Parry. All in favor, with the exception of Councilwoman Pedersen, motion carried. ORDINANCE ~74 (Series of 1975) AN ORDINANCE EXEMPTING THE POPCORN WAGON FROM THE FIRE RESISTIVE CONSTRUCTION REQUIREMENTS AND TOILET FACILITIES REQUIREmeNTS 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 CO~LIED WITH; THAT HISTORIC DESIGNATION OF THE STRUCTURE IS APPLIED FOR; AND THAT THE OWNER AND OPERATOR IDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY LIABILITY BY REASON OF THE EXEMPTION GIVEN was read by the City Clerk. Councilwoman Johnston moved to adopt Ordinance #74, Series of 1975; on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; De Gregor~ ~, nay; Johnston, aye; Parry, aye; Pedersen, nay; Mayor Standley, aye. Motion carried. WORLD WIDE SKI CORPORATION - Aspen Pro Spree World Wide Ski Corp Greg Lewis told Council he was present on behalf of Dodge Motor Company to petition the right to display a motor vehicle in the mall area duirng the week of Aspen Pro Spr~ e. From December 12 - 20, Aspen will be the site of two professional races. One will be sponsored by the Dodge Motor Company. They are introducing a new car called the M¢,tor Vehicle Dodge/Aspen. The other sponsor is Budweiser. Lewis told Council there will be events Display of value and service to this community. Some of the profits will go to the Aspen Ski Club. Mayor Standley objected, stated that a community that is trying to down play the car and has a pedestrian mall should not have a car parked in it. Councilwoman Pedersen moved to deny the request; seconded by Councilwoman Johnston. Council man Behrendt stated he felt this group was throwing an important race to the community and giving money back to the kids on the ski teams. · Councilman Behrendt stated the mall presents a problem on Cooper street. A space will be vacated by the Popcorn Wagon and there is nothing going on there. Councilman Behrendt stated he did not feel it Would hurt the community to place an automobile there for five days. Councilwoman Johnston said this motion does not preclude Dodge from parking the car someplace else intown, just not in the mall, about which Council has something to say. Councilmembers Johnston, Pedersen, Mayor Standley in favor; Councilmembers Parry, Behrendt, De Gregorio opposed. Motion died. Councilman De Gregorio moved to approve the request; seconded by Councilman Parry. Councilmembers De Gregorio,, Parry, Behrendt for; Mayor Standley, Councilmembers Pedersen, Johnston opposed. Motion dies. Councilwoman Johnston moved to have the City Council go with the Mall Commission's recommendation; seconded by Councilwoman Pedersen. All in favor with the exception of Councilman De Gregorio, motion carried. Greg Lewis brought up the Budweiser balloon. City Manager Mahoney told Council that you just can't bring an aircraft in here. Mahoney said there would be problems with Budweiser landing in Wagner Park. Mahoney said he felt this would be introducing trouble, that Balloon baloons are not that controllable. Mahoney stated he did not want to administer balloons over the City. Lewis said he would aske the City Attorney the legal ram- ifications of flying'a balloon over the City of Aspen. CITY MANAGER 1. Termination of Phone Company Contract. Mountain Bell Contract City Manager Mahoney told Council the City was having a p~oblem with the undergrounding of electricity. It has been recommended by the City Engineer that the City completley undergound next year. Mahoney told Council it would be an easy thing to bond $550,000 to undergound core area. This was predicated on the City's understanding that the Underground phone company would join the City in the trench. Mahoney stated it would be absurd lines for the City to underground and leave the poles up for the phone lines. Mahoney told the Council he had been in touch with the phone company for six months with no results. Mahoney presented a letter from Mr, Fabre, District Manager of the phone company. The phone company staled they would not join the city at their expense to lay the phone lines. Mahoney told Council he had a meeting at 4:00 p.m. with City Attorney Stuller, Mayor Standley and the phone company, who made it clear they would not join ~he City. City Manager Mahoney stated it was his recommendation at this point that the Council terminate the contract with the Council. The City is required to give the phone company six months notice. Mahoney told Council an implication of this is that it puts the phone company on notice and gives the City Manager and City Attorney some direction. An alternative would be to i~vestigate private phone companies to come in. Councilwoman Johnston asked what the Germs of the present contract are. City Attorney Stuller said 2 per cent of their gross receipts in lieu of an occupation or franchise tax on their operation. ' ~,,j Mahoney pointed out that the City is at a standstill in undergrounding. The City will not bury the electric lines next year unless something is done. Mahoney said Council can decide to not bury any more electric lines; or decide to bury them and bear full cost; or terminate Mountain Bell and inquire into other options. Mayor Standley stated he felt that Mountain Bell going into the trenches With the City was the cost of doing business in this town. Mayor Standley said the Council had got the opportunity and responsibility to do what they feel is right for the private sector. Six months notice to the phone company will not expire until May 31. Mayor Standley said the Council should instruct the City Manager to develop negotiations with private companies and to discuss their interests; and to investigate whether or not the City can be a phone company. City Attorney Stuller told council an alternative is an ordinance requiring all utilities be undergrounded by a certain time. This would make utilities take this ordinance to the Courts. Then if the City gets the judgment, we would have the power to underground. City Attorney Stuller suggested requiring undergrounding; .that would force Mountain Bell to go with the City in front of the Public Utilities Commission for a legitimate rationale to support a raise in costs. City Attorney Stuller stated she could net agree that this issue would be resolved in six months; Ms. Stuller said she would rather have an ordinace passed requiring undergrounding, and then take this to the Courts. Councilman De Gregorio moved to have City Manager Mahoney get more information on other phone companies; and have an ordinance created to require undergrounding so that the City will have a head start on the next situation; seconded by'Councilwoman Pedersen. All in favor, motion carried. Wheeler 2.. Use of the Wheeler Opera House Basement. Jan Collins of the Music Associates of Opera Aspen presented a proposal to Council to use the basement for Chinese carry-out House dinners. T~is would not compete with local businesses and would benefit the M.A.A. and the City. There would be no dining taking place in the facility at all; only the kitchen would be used. Mayor Standley asked if this idea had been passed through M.A.A, to the restaurant community. Ms. Collins said they wanted to see what the Council carry-out thought first. Ms. Collins pointed out that the M.A.A. would not want to jeopardize food" their position in the con~munity by competing as the restaurants contribute to the M.A.A. councilman Behrendt said he would like to hear what the staff has to say about the use of the space, what conflicts might arise, what type of revenue the City could expect. Councilman Behrendt indicated he felt this idea. was not ready to come before the Council yet. Councilman Parry suggested using this facility for ski teams, other activities that come into toWn. Councilman De Gregorio stated he felt the City would get into trouble if they went into competition with the restaurants in town. Councilman Behrendt moved to ask Jan Collins to get with City Manager Mahoney and have a formal proposal and resubmit to Council including the City's consideration and other restaurant impact from around the city; seconded by Councilman De Gregorio. Ms. Collins asked if the Council had any other suggestions or ideas. One of the concerns is that this proposal should be workable for everybody. Councilwoman Johnston stated she tiksd the idea of a cafe-type where one could get an inexpensive hot meal. Mayor Standley agreed, this could be based on a meal ticket situation. Councilman De Gregorio said he felt that idea was much more acceptable, and less competitive. All in favor, motion carried. ORD.~75, ORDINANACE #75, Series of 1975 - ReZoning Mill Street Venture 1975 Rezoning Mil City Attorney Stuller told Council this was a request to rezone property from Street Vent. S/C/I - SPA to S/C/I. This property is adjacent to the Trueman/Schottland property, but under different ownership. Hal Clark, planning office, told Council this rezoning was initiated by the planning office with the basic logic that it was a mistake to put two ownerships under SPA. This creates a hardship on one of the property owners. Councilman De Greogrio moved to read Ordinance ~75, Series of 1975; seconded by Councilman Parry. ORDINANCE 975 Series of 1975 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP BY REZONING A TRACT OF LAND OWNED BY THE MILL STREET VENTURE FROM S/C/I - SPA to S/C/I. was read by the City Clerk. Councilwoman Johnston moved to adopt Ordinance #75, Series of 1975; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. Appropriatic APPROPRIATION ORDINANCES Ordinances Finance Director Lois Butterbaugh told CoUncil the sixth and seventh penny projections were for ~$]5,000 increase to the end oflthe year. When the City received the sales tax actual figures, it appears that the increase will be $20,000 instead. Mayor Standley asked what the surplus would be after adopting these five ordinances. Ms. ButterbaUgh explained the expenditures and revenues and told Council the total surplus would be $502 281. Ms. Butterbaugh corrected the total in Ordinance ~79 to be $40 588 Councilwoman Johnston moved to read Ordinances #76, ~77, ~78, ~79, and #80, Series of 1975; seconded by Council Parry. All in favor, motion carried. ORDINANCE ~76 Ord. ~76, 1975 (Series of 1975) Sixth Penny AN ORDINANCE RECOGNIZING ADDITIONAL SIXTH PENNY SALES TAX REVENUES IN Sales Tax THE AMOUNT OF TWENTY THOUSAND ($20,000.00) DOLI~ARS, AND APPROPRIATING THE SAME FOR PLUM TREE MAINTENANCE, BUCK FENCES, WHEELER OPERA HOUSE REPAIRS AND CONSTRUCTION OF A PARK MAINTENANCE BUILDING AND PLAYING FIELDS. ORDINANCE ~77 Ord. 977, 1975 (Series of 1975) Seventh Penny Sales Tax AN ORDINANCE RECOGNIZING ADDITIONAL SEVENTH PENNY SALES TAX REVENUES AS WELL AS REIMBURSEMENT FROM PITKIN COUNTY FOR THE TRANSIT BUDGET AND SUB- DIVISION DEDICATION FEES; APPROPRIATING THESE AND OTHER REVENUES TO THE TRANSIT SYSTEM FOR THE HOPKINS STREET FOOT BRIDGE MAINTENANCE, FOR RIO GRANDE IMPROVEMENTS, FOR THE THOMAS PROPERTY ACQUISITION AND MALL MAINTENANCE. ORDINANCE ~78 Ord. #78,1975 (Series of 1975) Additional AN ORDINANCE RECOGNIZING ADDITIONAL REVENUES IN THE GENERAL FUND FROM Revenue STATE GRANTS, CITY SHARE OF THE PITKIN COUNTY SALES TAX, FEES, PERMITS, INTER-GOVERNmeNTAL REVENUES, INTEREST INCOME, RENTS AND ROYALTIES; AND APPROPRIATING MONIES WITHIN THE SAME FUND FOR CITY ADMINISTRATION AND DEPARTMENTS AND FOR CHARITABLE CONTRIBUTIONS. ORDINANCE ~79 (Series of 1975) Ord. ~79,1975 AN ORDINANCE RECOGNIZING ADDITIONAL REVENUES IN THE WATER FUND FROM PLANT Water Fund INVESTMENT FEES, BOND REFUNDING AND STATE GRANTS: AND APPROPRIATING MONIES Revenue FROM THIS FUND FOR WATER RIGHTS, THE GOLF COURSE INTERCONNECT AND DEPRECIATION. ORDINANCE ~80 Ord. 980 (Series of 1975) 1975 AN ORDINANCE RECOGNIZING ADDITONAL REVENUES IN THE ELECTRIC UTILITY AND Electric APPROPRIATING THESE FOR DEPRECIATION AND SALARIES. Utility Revenue SENATE BILL 2125 Senate Bill 2125 City Attorney Stuller submitted a memorandum and proposed draft to Council and told them this was the first attempt to incorporate recommended changes made at the public hearing. Ms. Stuller told Council she would be open to any suggestions from Council. Mayor Standley asked in (2) under A in the memorandum that the City should recommend a date that local governments be apprised of applications. Mayor Standley said he felt (5) could be expanded to say that appropriate leasing of forest service land to serve mass transit and public housing. City Attorney Stuller sa~d the context of (2) was that local governments be notified in time to react to issuance of permits. Mayor Standley said he felt that the City give specific objectives in dealing with mass transit, which may include use of forest service land by local government for mass transit needs and housing. Mayor Standley asked that under B, Rate Change Procedure (2) that "by public" be added after suspec%ible to measurement. Under C, Rebates and Tax Procedures, Mayor Standley told Council that Senator Haskell had liked the consideration of imposing a lift tax or amusement tax at the Federal level. Councilwoman Johnston added that revenue received locally from a tax like that should have to be used on impact problems. Mayor Standley said a formula for reporting taxes and revenues to the Federal government should be established, a uniform accounting proceedure. Councilwoman Johnston objected to A (10); City Attorney Stuller expalined that there can be no approval for failure of the committee's to approve. There would be no default approval. City Manager Mahoney stated he felt this draft was very good and hoped the City could keep going at this bill. Councilwoman Johnston said she felt that a ski area ought to obtain a permit to add to any facilities on their permit, such as cut trails, add buildings. Mayor Standley agreed if a ski area changes or adds new lifts, this should be approved. The City should ask the forest service to make the ski area get a building permit. Mayor Standley said he thought the suggestion that ski areas should comply with local building and zoning codes was good. Councilwoman Johnston moved that the City submit to. Senator Haskell the proposed draft with the indication that the Council had reviewed and approved it; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman Behrendt, "definitely opposed"; motion carried. Regular Meeting Aspen City Council October 27, 1975 Dedication DEDICATION FEES AND HOUSING AUTHORITY ~Fees and 'Housing City Attorney Stuller submitted a memorandum and Resolution from Boulder for some ~ Authority approaches to housing, employee units, and dedication fees. City Attorney Stuller told Council they should take a stand on employee housing. Other agencies in the City are taking action. The P & Z has been working on a policy for employee housing. Council had discussed the idea of allowing lower subdivision dedication fees if a subdivision would sell their units through the housing authority. Brian Goodheim, Housing Authority Office, presented Council some graphs and formulas. Goodheim told Council there were some definite tools that could be used as a housing incentive program. By listing units through the housing authority, a better market control could be kept. This is one answer to the housing problem; any units that go through the housing authoiry would adhere to this type of program. Councilman De Gregorio asked if people had to abide by this contract. City Attorney Stuller said if it were completley voluntary; one would not have to. The housing authority has the right of first refusal, which is more like an option. Councilman De Gregorio questioned the weight a program like this would carry. City Attorney Stuller said it would only work if the community had given some kind of consideration and support. There has to be some kind of trade off. City Attorney Stuller told Council they had to elicit a statement about employee housing; that they wanted it at the cost of something else. The administrative level issues have to be resolved. City Attorney Stuller listed the incentives that could be resolved. City Attorney Stuller listed the incentives that could be offered to further support an employee housing program; (1) increased bonus densities (2) reduced dedication or plant investment fees, (3) reduced ad valorem taxes. (4) eliminate open space requirements (5) release from the more expensive construction material of the building and fire code. City Attorney Stuller also suggested legitimizing the illegal housing units around town if they would go with the housing authroity. Councilwoman Johnston said the whole community realizes the terrific need to do something about housing. This would be incentives to developers to build low income or employee houisng. Mayor Standley suggested the Housing Committee get together and discuss th~ alternatives with Brian Goodheim. Councilman Behrendt indicated he felt that Goodheim's project was sensible. Councilman Behrendt said he would be willing to look into the process of reviewing each project, each project may require a different kind of incentive. Little Nell LITTLE NE~L"S City Attorney Stuller told Council that Little Nell's did not receive a variance for a building permit. The expansion of liquor licensed premises was conditioned on that. Councilwoman Pedersen moved that if the building was not down by November 1, that City Attorney Stuller file a revocation of liquor license; seconded by Councilman Behrendt. All in favor, motion carried. Councilman De Gregorio moved to adjourn at 8:30 p.m.; seconded by Councilwoman Pedersen. All in favor, motion carried. Kathryn~S. Hauter City Clerk