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HomeMy WebLinkAboutminutes.council.19760126 Mayor Standley called the meeting to order at 5:00 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney, and City Attorney Stuller present. MINUTES Councilwoman Pedersen moved to approve the minutes of January 12, 13 and 19, 1976; seconded by Councilwoman Johnston. All in favor, motion carried. CITIZEN PARTICIPATION 1. John Smith, Grassroots teleVision, told Council he had just returned from a ten day workshop in New York for cable systems. Smith told Council that Grassroots was about three years ahead of what is going on in the rest of the country. Smith said Grassroots there was a schism between Grassroots doing quality programming and individuals who ~ computer wish to use the channels. Smith said they had cut down on citizen participation because request they have not had the equipment available. They now have loan of equipment to set up a workshop for community access programming. Smith told Council that Grassroots had never been sure exactly what the community wanted from cable television. Grassroots embarked on a survey to find out what viewers want from community television. Smith asked the City Council for permission to use the city computer time to tabulate the results of the survey. Councilman De Gregorio asked how much computer time. Mayor Standley said the computer time would be just a few minutes; it would take more time to put the program together. Councilwoman. Pedersen moved to donate computer time for the tabulation of ~rassroots' project; seconded by Councilman De Gregorio. All in favor, motion carried. 2. Elmer Beamer told Council he would like to talk about the size of the grocery store on the Trueman property, but would wait until the item came up on the agenda. Council agreed. 3. Kiefer Mendenhall told Council he was trying to figure out Council's response, or lack thereof, to the overwhelming support Mendenhall has received in opposition to the Mall mall. Mendenhall wondered whether the auto disincentive program the Council seems complaint intent on pursuing is not in support of the County application to UMTA. Mendenhall asked if that is an appropriate reason for Cduncil's hardheadedness about the mall. Mendenhall reported that at a meeting with UMTA a response was made that the City was in the process of closing the streets, limiting the parking, and malling. Mendenhall said Council's support of the mall seems to be motivated by a desire to assist the County in their application to UMTA. Mayor StandleY told Mendenhall to stay for the UMTA report and mall preSentation; they both speak directly to what Mendenhall is saying. COUNCILMEMBER COMMENTS Mayor Standley read a letter from Col (Rtd) Khushwaqt-ul-Mulk, American Consulate, Peshawar, ~akistan: "Dear Mr Standley, I has taken me such a long time and still I have not found words appropriate enough to thank you for your generous and kind words of appreciation for the interesting but sadly unsuccessful trip in search of Fritz Stammberger. I thank you very much for your letter and request you to convey my heartfelt sympathies to Fritz's family and friends and my thanks and best wishes to Bill Dunaway and George Vicenzi both great mountaineers and charming company. I shall always remember and keep the kind gift they left here for me." Mayor Standley read another letter from Mrs. Donald Furstenberg, Mundelein, Illinois: "Dear Sir: I'm writing this letter to express my family's appreCiation for the help given us by one of you men -- Dan Fair. We had spent last Friday skiing, shopping, and eating in Aspen, and were on our way back to Glenwood Springs. We had the misfortune of hitting a rock which disabled our oar. Dan was the "good Samaritan" who stopped, gave us a ride to town, and even helped us find a station that would pick up the Car. And -- he refused to take a cent for his trouble. He truly represents "Western hospitality." Mayor Standley ~eported the status of City Hall rePairs. In ~memorandum from City Engineer Dave Ellis noted that the budget was $80,000 and to date $80,925 had been spent. Ellis stated that with trade offs and final adjustments, the cost will be under $80,000. STUDENT COMMENTS Request for Larry Beer asked Chief of Police Marty Hershey if some police officers could come to ski the high schoOl to help register skiis. Hershey suggested that the students get the registratio information together and he would be glad to supply a police officer. UMTA REPORT Councilwoman Johnston reported Ghat'the citizens groups are underway and are continuing with the implementation of the UMTA program as spelled out in the grant of $197,000. UMTA There was an initial meeting of the former caucus; they are inviting other people with report special invitations eXtended to those people Who are "anti&train''. Councilwoman Johnston pointed out there will be an in-dePth study of alternatives. The first meeting was attended by 159 people with 77 signed up to serve on various committees. There is another meeting scheduled for Wednesday, February 4 at the Given Institute. Mayor Standley questioned paragraph twO in Shetlman's letter, "Because of restrictions on the money, it may be necessary for joint City-County funding of collateral and other considerations which bear on the transportation issue." Mayor Standley said he did not know what that meant. Councilwoman Johnston said a number of requests had been made through the caucus for money, but they are not specified in the grant. Money from the grant shall be used for things so specified. Councilwoman Johnston told Council that UMTA had been monitoring the program very thoroughly and had been coming to Aspen regularly to see how the money is being allocated. UMTA's major concern is that the alternatives are completely and thoroughly analysed. Councilman Parry said he felt it was very important for the public to know that this study is unbiased and the City andCounty are trying to go for what UTMA wants, to meet every bit of the study. The analysis will be given to the people to determine what kind of transportation they want. Planner Kane presented a funding chart to Council and eXplained there is $197,000 funds UMTA available for the study of alternative transportation systems. There has been a resump- funding tion of citizens design caucus with the major emphasis on trying to get people interested chart in this program from an alternative analysis standpoint; to consider various transporta~ tion schemes With lots of county support behind each one. Of the $191,000 the local matching funds is $39,556. Councilman Behrendt pointed out that $46,000 of the money is being spent to study alternatives and $40,000 will be spent on investigation of non-Federal sources of funding. Councilman Behrendt asked what that meant. Kane replied to study the capital consequences of transportation system between Snowmass and Aspen; what kind of private development migh~ occur. ~i~Sli~o~l~ b~to investigate the opportunity for local government to capitalize on some of t~ de~eiopment. This would cover the fare investigation and the implications of charging. There are also opportunities for performance financing. The financial consultants will work with George Ochs and the finance committees to reView every possible financing scheme. Mayor Standley stated that County Commissioner Shellman's letter suggested that the City may jointly fund some things, but to date the City is not jointly involved in City's terms of responsibility. The City does not have any review. Mayor Standley pointed involvemen~ out that Shellman is still sitting as chairman of the caucus. Mayor Standley said it was not a correct posture for a strong rail proponent to be chairing the process. If the City at some point is asked to endorse, fund or take a position on the transportation question, the City should have someone parrallel to George Ochs working at that level. Mayor Standley said the City had received letters from people that are qualified consultants; the County is not considering them. Mayor Standley said it raises suspicions in his mind that the process is not as candid as it could be. Mayor Standley pointed out that it was the City that brought this question to a vote, and that the City should remain open-minded. Mayor Standley said the City has Councilmembers Parry and Wishart WOrking as elected representatives to make sure they understand what is going on; the City needs somebody at the technical leVel too. Kane told Council that George Ochs had been hired as the project manager. Joe Wells of the planning office is spending a large portion of his time working on the alignment, land use impact. The planning office is trying to serve as an informational resource to the City Council as to what is going on. Kane said his position is that the choice of a transportation system is largely a politiCal commitment. The planning office is trying to lend technical support to either City or County where planning considerations are at stake. Mayor Standley said he had attended Larry Simmons' goals and objectives task force Goals & meeting. Mayor Standley was told that during the neXt feW weeks, the caucus ~ould objectives determine what the long range goals and objectives of the City of Aspen would be. for UMTA Mayor Standtey said Council should put together the goals and objectives. Mayor Standley said he was offended by the ZermOtt 1980 theme; the City of Aspen should not emulate anybody. Mayor Standley said to have a rail design caucus te~ the Cit~ what their goals are going to be is an absurdity, and Mayor Standley cannot support that. Kane said he thought that UMTA was making the requirement that goals be set from a transportation standpoint. Mayor Standley replied that UMTA wanted definition of goals and objectives in total. Total goals and objectives of this community should not be determined by a rail caucus. Mayor Standley said this should be focused properly. Kane said that a set of goals were developed in 1972 and they exist right now. Maybe the design caucus could draw on the existing goals. Mayor Standtey read from Simmons' rePort and stated he felt that the goals and objectives listed were not exactly those of the community; increase real wages, provide better health facilities, eliminate sexual discrimination, educational and cultural facilities for residents, reduce inflationary bias in economy. Mayor Standley said these are objectives that are being developed that are more expansive that what is being talked about in regard to rail. Councilwoman Johnston said her interpreta~i~of what UMTA wanted was that in evaluating alternatives, they do not want one alternative taken against another but with a ste of goals and objectives of the community. Councilwoman Johnston pointed out that'Si~m6ns' committee will have to bring their report to the whole transportation committee. Kane told Council he was present to clarify the role of the planning office. Mayor Standley's point had nothing to do with the planning office. Kane reminded Council that a community goal for developing transportation was established in the 1966 Master Plan. Kane pointed out that there is a lot of negative controversy about the rail. UMTA has given Pitkin County $158,000 to study transportation, and there will be no capital for construction until this study is completed. Kane said that the community attitude has not come along with UMTA change. Councilwoman Johnston said that City participation in the whole process would be Welcome. Mayor Standley asked Councilmembers Parry and Wishart to get into the general meetings, and if they needed, they could go to Denver and talk to UMTA people there. Planner Kane said there were two processes taking place; community involvement via the citizens design caucus and actual UMTA application. Kane said the planning staff will be involved with the citizens design caucus and will try to serve as resource and support for these people. ASPEN RESOURCE RECOVERY Mayor Standley brought up an application the County put in for EPA funds. The City Aspen has been notified by COG for their comments. Mayor Standley said if anybody had Resource comments to give them to him in writing so that he could present the comments at the Recovery - next COG meeting. This is a three year program. If the City is interested, there are EPA funds some local matching funds required. The City would become a joint applicant with the County and would agree to underwrite a share of the matching funds. TRANSPORTATION REPORT Yank Mojo, Director of Transportation, passed out the year's end report and the status of all the equipment. Mojo said 50 per cent of the minibuses are down, which is one reason why he uses school buses so often. Of the school bus fleet, 2/5 of them are Transporta- down, which is about right. Mojo pointed out that he could not use minibuses on the tion report County routes. Mojo presented a chart of the last 18 months activity. There has been a 9 per cent annual growth, with a substantial increase in ridership every month, especially on the downvalley routes. Snowmass routes are almost entirely tourist riders. These routes are becoming self-supporting as they can at 25 cents a ride. Mojo showed Council a school bus coachette which carries 28 people and costs $11,000. Mojo told Council that if the City wants to upgrade the system and schedules, he needs mo~e equipment. Mojo said his department is struggling to keep things going, and theY complete 95 to 96 per cent of the routes. Mojo told Council that he has to go to Minibus to get parts, which adds more than a week to down time. While in California, Mojo talked to a bus exchange, which would like an eXclusive contract to sell the minibuses for the City. Mojo said he was also considering a Dodge bus, Which sells for $45,000. Mojo showed Council the signs for the buses. Every bus has a sign, "Aspen Free ShUttle''. There are detachable signs which indicate the route. The routes have been color-coded. Mojo said some of the projects that have been suggested to him have been good, but he has not had the manpower to do them. Mojo said he would like to run the bus to the high school for late students and for CMC students at night, but this would be at the expense of the Snowbunny route. Councilman Parry asked ab6ut leasing equipment. Mojo said he could get a lease on a 14 passenger Dodge for $280 a month for two years. Mojo said he couldn't see buying or leasing something small. A bus system is labor intensive, not capital intensive. Councilman Behrendt said the most notable letdown in the bus system is a sales program, getting the information to the people with comprehensable ~chedules, etc. Mojo explaine~ they had started a PR program with the h~lp of AVIA, but that had fallen through. Mojo said after the system is running the way the City says i~ should be, then he will start talking about and doing PR. Mojo said his department literally ran on a day to day panic keeping the equipment going. This is no longer a department of five minibuses, but of 14 buses that carries an average of 14,000 people a month. The downvalley bus is hitting peak capacity, and Mojo has been running two buses up from E1 Jebel at 7 a.m. Mayor Standley suggested Mojo investigate the idea of divesting the City of the minibuse and integrate that with an acquisition program of other equipment. Mayor Standley pointed out the City budgeted $200,000 for contribution to the UMTA program. There is unappropriated balance in the seventh penny of $300,000. Mayor Standley said if Mojo put together a comprehensive program, the Council is financially in a position to look at it and see if it makes sense. Mayor Standley told Mojo to give Council four or five capital improvement options that will meet the goals and objections of the community for transportation. Councilman Wishart suggested looking into leasing equipment until the City gets a capital improvement program. BOARDS A~? COMMISSIONS Board of Councilman De Gregorio moved to appoint Richard Arnold and Don Westerlind to the Board Appeals of Appeals and Examiners; seconded by Councilman Wishart. All in favor, motion carried. Board of Councilwoman Pedersen moved to appoint Josephine Mann to the Board of Adjustment; seconded Adjustment by Councilman Parry. All in favor, motion carried. P & Z Councilwoman Pedersen moved to appoint Bryan Johnson and Allison Downing to the Planning and Zoning Commission; seconded by Councilman Wishart. All in favor, with the exception of Councilman Behrendt. Motion carried. MALL P.RESENTATION Mayor Standley told Council he requested this agenda item. The public hearing on the Mall street closure is February 16; Council should start taking aggressive action. The presenta- Council has not been highly involved. Mayor Standley said Council should get out infor- tion mation dealing with problems that are brought to the City by various groups. Don Fleisher spoke to Council as chairman of the Mall Commission, although his statement may not totally represent the mall commission. Fleisher pointed out there are a number of people in favor of the present mall but negative towards expansion. Fleisher said the negative faction is very vocal. Fleisher said Council needs to get themselves harnessed as this is the body that will make the difference. Fleisher said the opposition has taken the problems and blown them up to bigger problems. Fleisher identified the purposes of the mall; to get rid of the automobile; clean up the air; and beautify the public ways. Those simple ideas are the virtue of the mall. Fleisher said as far as the problems go, he does not find them a reason not to do the mall. They are problems that can be solved. Running the mall is the same thing as running a business. If you can solve the problems effectively, you can have a successful downtown area. Kane said he had outlined the problems in some twenty questions with their solutions or answers. Kane told Council the planning staff spoke to the Chamber of Commerce and presented the mall progra/~ in three parts; (1) discussion of design (2) relationship to the total planning picture of the City (3) preliminary parking program. Kane said the reaction was not positive on the part of the Chamber. Kane said good, clear information was generally lacking; there are insecurities in people's minds. Kane said the planning office would like to print the problems and solutions about the mall and have it avail- able to the community as a public service. This would not have an anti-mall bias. Kane said this print discusses what the mall is about, how successful malls have been nationall even internationally, explains what the City is proposing to do in the downtown, answers a major question why expand now, how much will it cost to build, how much will it cost to maintain, discusses access problems, emergency access, fire hazard problems, how many parking spaces are lost and how they will be replaced, discusses land use, the transition from real town character to total tourist environment, what mall will offer to residents. Kane said his approach is to take this information and have it printed up in mass. The mall program is badly maligned as a result of not enough effort on the City's part in getting the information out. Mayor Standley pointed out that what the Council has done in terms of downzoning, trans- portation, malls, UMTA, has been done in an open decision process. The Council has not been oppressive; everything has been done in public meetings, public hearings. People that are leveling accusations against Council as forcing the issues are really misinformed; Council has brought these issues to the public and resolved them. Mayor Standley stated there has been no time that the Council blatantly moved ahead on decisions that did not have general support of the community. Fleisher told Council that included in this print would be a survey. Questions 94, will you support the expanded mall was answered 48 per cent in favor; 45 per cent against. This survey was done by pairs of students at the high school interviewing a total of 300 persons on the existing mall, the proposed extension, and people at large at post office locations. Fleisher pointed out there was a slight majority in favor. The City needs to get questions about the mall answered properly. Fleisher said he would like to motivate the Council to participate in a program to sell the mall. Mayor Standley scheduled a work session for Monday, February 2, 1976, for Council people interested in selling the mall extension. Councilman Behrendt asked if the Sinclair property has been leased for ten years. City Manager Mahoney said that was an option that had been exercised. Councilman Behrendt asked Mahoney if he was negotiating for the Sinclair property. Mahoney said he had had no authority to spend money; that he had been given very loose direction on that. Councilman Behrendt moved to pursue active negotiations for the acquisition of the Sinclair property; seconded by Councilwoman Pedersen. All in favor, motion carried. ~RE DEPARTMENT - Request for funds Fire Stan Lauriski of the Aspen Volunteer Fire Department, told Council the VFD had acquired Department funds from the Centennial/Bicentennial for the Fourth of July Fireworks. This is the request first time the fire department has asked for help from the City or Count~; they have for funds always gone out on a volunteer basis. The fire department is asking the City for $3,000. for fire- works Councilman Behrendt moved to contribute $1500; seconded by Councilwoman Pedersen. Lauriski told Council they had spent SlS00 last Fourth of July and had built their own ground displays. Councilman Wishart suggested asking the County for some money. Councilman Parry moved to contribute $2,000; seconded by Councilwoman Pedersen. All in favor of the amendment. All in favor of the motion, motion carried. Zeke Clymer, fire department, told Council it was getting to be a problem parking when 15 to 20 vehicles suddenly converge on the fire department for an emergency. Clymer Fire Dept. asked if the City would consider converting part of the park along the east side of the parking fire station for parking. Clymer said that daily, for some reason, three or four fire- request men come to the station to work and there is no place to park. Clymer said converting the park into a few parking places would not be expensive for the City. The fire district would stand any expenses; the fire department would donate time and equipment. Mayor Standley said he would rather than this under advisement and look at alternatives such as designating an official zone, or part of City Hall parking lot. Mayor Standley directed City Manager Mahoney to work with the fire department, get their requirements, work out a solution and bring it back to Council. ASPENVIEW - Reapproval of final plat Mayor Standley explained this project conformed to zoning, there were no problems, the Council was reapproving the subdivision. Aspenview reapproval Councilwoman Pedersen moved to reapprove AspenView final plat subdivision; seconded final by Councilman Parry. subdivision Councilwoman Johnston asked if there were any changes since the first approval. There were none. All in favor, motion carried. CLARENDON - Reapproval of final plat City Attorney Stuller told Council there has not been a recorded and accepted subdivisio agreement. Also the Clarendon anticipates an exchanges of deeds to clarify the western boundary. Council will have to authorize the Mayor to sign that deed. Clarendon reapproval Councilwoman Pedersen moved to reapprove the subdivision plat and accept for recordation final to authorize Mayor Standley to execute the subdivision agreement; and to authorize subdivision Mayor Standley to execute the quit claim deed; seconded by Councilman Parry. Councilwoman Johnston pointed out that there are several blanks in the subdivision agreement. City Attorney Stuller said that Engineer Ellis had to calculate the amounts for escrow and dedication fees. Clarendon will accept Ellis' estimates for these figures. Councilwoman Johnston moved to amend the motion to include approval subject to the amounts being okayed by the City administration; seconded by Councilwoman Pederseno All in favor of the amendment, motion carried. Ail in favor of the main motion, motion carried. TRUEMAN PROPERTY - Conceptual subdivision Kane told Council the P & Z had approved the conceptual subdivision with a general Trueman configuration of 23,000 square foot post office and 75,000 square foot general commer- property cial building. The Council had tabled the conceptual subdivision at the last meeting conceptual and required that the plan be amended to reduce the size of the commercial building, subdivision Also required was that the balance of the property be reserved for future rezoning or mechanism that would allow the developers of the land to come back to Council and ask for further development. Porter's reduction is proposed to go from 75,000 square feet to 55,000 square feet, which includes 10,000 for housing. Kane recommended the 10,000 square feet for housing only if coordinated with the housing authority with some assurance that it be employee housing. Kane told Council there ~s 15,000 square feet of office space being proposed. The planning office is recommending, city-wide, that office space and retail/commercial be cut back. The planning office's general position is that if the developers feel ~his is a reasonable use of land, there should be some assurance that this is preserved as office space and not be converted into more retail. Kane reminded Council there is a general downzoning proposal pending before P & Z. One of the recommendations in this proposal is to take food stores from 20,000 to 15,000 square feet. The planning office is recommending that 5,000 square feet be sacrificed from this building, if the Council accepts a food store at 15,000 square feet. Joe Porter told Council this development is proposed 55,000 square feet; 5,000 square feet in the basement that will be health facility primarily for people that will use the building; 25,000 square feet of retail space; 20,000 square foot grocery store. On top of that 15,000 square feet of service and doctor office space; on top of that 10,000 square feet of housing. Porter said he had no problem going through the housing authority, or with the contingency on the office space. Porter said at the last Council meeting the Council had discussed phasing the original 75,000 square foot project. Porter said they planned to phase the construction also, starting with the retail first. Councilman Behrendt asked for an explanation of the conceptual block plan with dotted lines. Porter replied those were future circulation plans, trail designations. These are very conceputal. Councilman Behrendt asked by having a subdivision with two lots, one for the post office and one for the retail, isn't the Council opening itself up to pressure from the developer in the future. Kane said very definitely. Kane said the Council had felt that 75,000 square feet was too big, but maybe at some time in the future it would be justified. The planning office said to cut back the building but leave in the flexibility for future development on that site. Councilman Behrendt' said if they subdivide once, there is a right to use that land implied Kane said if the balance of land were left undeveloped and made SPA, if would carry some bias for development. The planning office felt that the size of the proposed building Trueman represented too much retail use of the site. They recommended that the size of the property building be cut back and some other needed $/C/I uses be included on that site in the cont. future. Kane said creating two specially planned areas would create a greater responsi- )'bility on the Council and P & Z to approve a development on that site in the future. City Attorney Stuller explained that if the developer were to parcel off lot 4, you would have an owner with no developable rights at all. Ms. Stuller said if the City has to request a dedication from that land for a right-of-way and it is under separate ownership, it would make it difficult. Mayor Standley said if the building were condo- minimized and the tenants were tenants-in-common of lot 4, it could be a problem. Porter said he wanted 55,000 square feet with no obligations on behalf of the developer or the City for anything in the future. When the need arises, the developer can come back through some predetermined process. City Attorney Stuller suggested when they develop the final plat to note that no development rights automatically pass to lot 4. Bob Grueter, representing Trueman, said he anticipated this land continuing to be a specially planned area. Councilman Behrendt asked what advantages accrued to the City to consider this development as a two lot subidivision. Ms. Stuller said the developer's disadvantage would be the dedication of open space. Grueter said they were not asking for condominiazation. Ms. Stuller suggested then that they maintain lot 4 as open space as an adjunct to lot 2 with no lot designation. Mayor Standley reiterated that if at some point in the future there was a need for further development, under SPA, the developer could come back for more development. The Council did not imply to come up with a subdivided piece of land that had a separate lot that could be sold. Mayor Standley suggested that the Council deal with the building size at this point. Mayor Standley said Porter was asking for a 20,000 square foot market and asked if that included storage. Porter said that included everything, storage, etc. Elmer Beamer spoke to Council about a 20,000 square foot food store. Beamer said the families of Aspen want a store with sufficient shelf space to carry various sizes of merchandise, where aisles are wide enough to carry through, and a store that is willing to handle their own brand of merchandise. Beamer said that everything points towards a reduction of traffic by having a large enough store with storage. The main traffic drawer will be the post office. If people can go to one store and buy everything, one will no~ need to be trapslng all over town. Beamer told Council that one and a half million dollars were spent in Basalt and Glenwood with $50,000 sales tax lost and one million miles driven on Highway 82. This could be prevented by having a store here with sufficient space to keep people here. Kane replied that the City Market in Glenwood is 20,000 total square feet with 4,000 square feet storage and 3-4,000 accessory use. Kane said the planning office was suggesting 15,000 square feet as a way to control against accessory junk items. They are concerned about bulk and massing of the building. Kane said that cross town traffic could no~ be eliminated. Councilwoman Johnston asked if the post office would be located on this site. Irv Sherrick, U. S. Post Office, told Council they were interested in the land. They do have floating boundaries. This post office will replace the present two in town. Porter told Council that anybody that opened a grocery store in Aspen will not have to look for unique ways to draw people into the store. Porter said the planning office picked 15,000 square feet for a grocery store because they were concerned about massing; Porter said he could illustrate that the massing can be dealt with. Hans Gramiger questioned the allowed 82 parking spaces, and pointed out that normal Safeway procedure was to provide 3 square feet for parking, driveways, walkways, landscape per every square foot of building. Gramiger also pointed out that only one street would be serving this grocery store. Porter said they were not using the same kind of parking ratios as large cities, as a number of people would be using the minibus or pedestrian system. Council decided they were ready to make decisions on the size of the market. Councilman Behrendt moved to allow a 15,000 square foot total grocery store all inclusive. Motion died for lack of a second. Trueman Councilman Behrendt moved to allow a 20,000 square foot store all inclusive; seconded by Prop. Councilman Wishart. All in favor, with the exception of Councilmember Johnston. Motion grocery carried. store Councilman Wishart moved to allow 10,000 square feet of residence conditioned on going through Goodheim's office and it be tied up with the housing authority; seconded by Housing Councilman De Gregorio. Councilman Behrendt said the purpose of the housing authority was to get property into the nads of people that can't buy in this town. A rental plan does not protect that very group. Councilman Wishart answered by going through Goodhelm it does not tie it to rental or sale, this is conceptually trying to keep it for these people. All in favor, motion carried. For the second floor uses, doctors and services offices, the planning office is recom- mending that they be covenanted to those uses specificed to stop creeping commercialism The planning office wants this space restricted to office only so that the P & Z will Trueman not be faced to conditional use hearings. Mayor Standley said he would be willing to prop. accept 15,000 square feet of bona fide office and medical uses. Councilman Parry said cont. he felt it should be open to what the need is; Council has no idea what the need will be. Mayor Standley pointed out that that sets up rating of uses; the deve~6per can rate other buildings in town. Councilwoman Johnston moved that Council determine the footprint of the building at this point; seconded by Councilman Behrendt. Councilmembers Wishart, Pedersen, Johnston Behrendt in favor; Councilmembers Parry, De Gregorio, Mayor Standley opposed. Motion carried. Counci~n De Gregorio moved to accept a 25,000 square foot footprint; seconded by Councilman Parry. Planner Kane told Council it was irrelevant to discuss footprint. This building will not be uniformly two or three stories. The uses appropriate will make it a staggered building; it could be 30,000 square feet on the first floor and only 5,000 square feet on the second floor. The Council will get two shots at the architectural design of this building. Everyone opposed. Motion NOT carried. Councilman Berhendt moved to reject 15,000 square feet for doctors and services; seconded by Councilman Wishart. All in favor, motion carried. Councilman Parry moved to accept neighborhood/retail at 5,000 square feet; seconded by Councilman Wishart. All in favor, motion carried. Councilman Behrendt moved to reject the health and recreational f~cility at 5,000 square feet; seconded by Councilwoman Pedersen. Councilman Wishart questioned this facility. Porter said it would basically be handball court, and sauna for the people that live there. Councilman De Gregorio said he could see this becoming another health center; there are two in town already. This would be increasing the value or cos~ of the apartments that the Council is trying to keep as iow-cost housing. Councilman Wishart agreed, but said he was not opposed to a separate underground facility. All in favor, motion carried. The Council has approved 20,000 square foot grocery store; 10,000 square feet of residential; and 5,000 square feet of neighborhood/retail, for a total of 35,000 square feet. There is 20,000 square feet left unresolved. Kane told Council there was a fairly tedious procedures to go through regarding engineering questions. Council decided to consider this on the next agenda. Councilman De Gregorio left Council Chambers. Irv Sherrick, U. S. Post Office, told Council they were under a mandate from the Post- master General to study all alternatives possible to reduce capital expenditures. Sherrick said they might be able to drop the size of the building in Aspen to perhaps Trueman 19,000 square feet. Sherrick said the lack of capital funds does not affect the Prop. project in Aspen; their interest still runs high. If anything does changes, Sherrick U.S.P,O, said he would contact the City. Sherrick said their parking would b.e adequate to handle customers; they propose 95 customer parking stalls. qRDINANCE' ~59, SERIES OF 1975 - Vacating Alley 92 Mayor Standley opened the public hearing. Mayor Standley told Council that the 0rd.59,1975 Commissioners had gotten the requested easements from the adjacent property owners. There were no other comments. Mayor Standley closed the public hearing. Vacating Alley 92 Councilwoman Johnston moved to read Ordinance ~59, Series of 1975, on second reading. seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~59 (Series of 1975) AN ORDINANCE VACATING ALL OF THE PLATTED ALLEXWAY LYING IN AND BETWEEN BLOCK 92, CITY AND TOWNSITE OF ASHEN, AND BLOCK 19, EAST ASPEN ADDITIONAL TOWNSITE (LYING WESTERLY OF A NORTHERLY EXTENSION OF THE EAST LINE OF LOT 13, EAST ASPEN ADDITION) SAID VACATION BEING PURSUANT TO SECTION 43-2-301, ET.SEQ, C.R.S. 1973, AND BEING CONDITIONED ON RESERVATION OF RIGHT-OF-WAY FOR UTILITY LOCATION AND MAINTENANCE OF PUBLIC ACCESS TO LOTS ADJOINING THE VACATED PORTIONS OF THE ALLEYWAY was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~59, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~91, SERIES OF 1975 - Rezoning Thomas Property to C, Conservation Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord.91,1975 Rezoning Thomas Prop. Councilwoman Pedersen moved to read Ordinance #91, Series of 1975, seconded by Council- woman Johnston. All in favor, motion carried. ORDINANCE ~91 (Series of 1975) AN ORDINANCE REZONING A NEWLY ANNEXED PARCEL OF LAND COMMONLY KNOWN AS THE THOMAS PROPERTY AND CONTAINING THIRTY-NINE (39) ACRES MOPJE OR LESS, TO "C" CONSERVATION was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance #91, Series of 1975, on second reading; seconded by Councilman Parry. Councilwoman Johnston said she had some misgiving about this zoning, like when the race track came up. If the City zoned this "oPen space", there would be no problems. Council- man Wishart pointed out the Council had turned down the race track, and there might be some activity the City would want out there some day. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #1, SER~S..~F.~....1976 - City Health Officer Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord.1,1976 the public hearing. City Health Councilwoman Pedersen moved to read Ordinance #1, Series of 1976; seconded by Councilman Officer Wishart. All in favor, motion carried. ORDINANCE #1 (Series of 1976) AN ORDINANCE CREATING A NEW DEPARTMENT WITHIN THE CITY OF ASPEN TO HE KNOWN AS THE DEPARTMENT OF HEALTH OF THE CITY OF ASPEN AND ASSIGNING TO SUCH DEPARTMENT THE ENFORCEMENT OF STATE AND LOCAL HEALTH REGULATIONS AND SUCH OTHER DUTIES AND OBLIGATIONS AS SHALL BE APPROPRIATE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #1, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmen~bers Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Study Session Requests. City Manager Mahoney told Council this it is critical to put in a sprinkler system or enlarge the openings in doors in City Hall. Mahoney said City Hall he would like Council to ~ok into other elements of the second phase of remodeling City remodel & Hall. Mayor Standley said the Council did not budget this; it would be considered as sprinkling funds were available. Mayor Standley asked if the sprinkler system would be obsolete system when city Hall was remodeled. Mahoney said no. City Engineer Ellis pointed out that money for the design of the third floor was budgeted for this year. Ellis said that the third floor would be used for expansion in the future. Finance Director Butterbaugh said in the sixth penny funds there was about $139,000 available. Mahoney said he was concerned about getting the sprinkler system in. Mayor Standley said he wanted to put this work session off until after the mall public hearings in February. Councilman Wishart questioned the figures for the sprinkler system and the second phase of City Hall remodelling. City Manager Mahoney said it would be $60-80,000 mechanical for the sprinkler system, which would also take care of the overload wires, junction boxes, etc. for City Hall's fire protection. The second phase of City Hall would take ~0-50,000. Ellis said with this money main distribution lines, all risers for plumbing and electrical, and the engineering costs would be high per square foot because everything would be oversized relative to the third floor. Mayor Standley said that to him the mall is much more critical at this point. Mayor Standley directed Mahoney to request a study session at one of the meetings in February. City Manager Mahoney requested a study session for employee wage and salaries. Mahoney Study had appointed three city employees to be on the committee, Max Vaughn, Marilyn Anderson session - and Dick Kreuser were selected. MahOney suggested having two or three Councilmembers on employee the Committee, with Councilwoman Johnston chairing the committee. This committee would wage & investigate the wage and salaries, evaluate the benefits given by the City, and the salaries employee retirement. City Attorney Stuller told Council that the finance director asked for the first reading of Ordinance #3, Series of 1976, the employee retirement plan. This ordinance changes the vesting procedure, appoints new trustees and gets 8.8 per cent benefit for the employees. Ms. Stuller said this committee should have any specific recommendations dealing with this ordinance by February 9th. 2. Senior Citizens Offer. City Manager MahOney told Council the City had ha~ an offer from the Senio~ C~iz'e'ns Committee through Eve Homeyer to donate $1,000 to the City street Senior department to maintain driveways for senior citizens. Mahoney told Council he had talked Citizens with Pup Smith, street department, and they belieVe that the City can and desires to do Offer - this without the donation. There is manpower and money budgeted. Mahoney told Council plow he would be in touch with Eve Homeyer, will locate the senior citizens and the disabled driveways and make a regula~ route of cleaning their driveways. Councilwoman Johnston commended Mahoney and Smith for working this problem out. Finance Director Butterbaugh told Council that the City tax refund is being adequately taken care of for senior citizens. Ms. Homeyer had suggested it would be a further benefit for the senior citizens if a portion of the water and electric bills would be refunded. Ms. Butterbaugh suggested tying this in with the food tax refund, so that the City could issue one check and not have to change the utility rate. Councilman Wishart pointed out that this would be a discriminatory refund. Mayor Standley said when the City had money from COG it was selectively distributed based on need. Councilwoman Pedersen said Council had talked about using money to insulate housing for senior citizens, etc. Mayor Standley suggested making this an agenda item for the next Council meeting to discuss these two options as well as others that might come up. 3. Centennial Cabins. Mahoney said he did not have any recommendations and was not ready for Council to address this. 4. Forest Service Review~Ski Co.rp rate. Mayor Standley told Council that the Forest Service lawyers, Federal lawyers were' meeting with the Ski Corp lawyers to see if this matter could be settled out of Court. Mahoney said he felt this was an element that the Forest Council should address. Decisions are being made in Board rooms of the Ski Corp and the Service Forest Service that affect the City. When the City has an opportunity to present their Review - interest, Mahoney said the City should take advantage of it. Mahoney recommended that Ski Corp if need be that the Mayor, if willing, should be sent to Washington D.C. to make the season City of Aspen's interests known to the Courts. Mahoney pointed out if the Ski Corp pass decided to move town people from Aspen to Buttermilk and Snowmass, it would impact the City's transportation system and could create a system breakdown. Mahoney requested the Council consider funding a trip to Washington. Mayor Standley told Council that the Forest Service directed that a season pass be reinstated by January 20th. The Ski Corp had obtained a temporary restraining order until January 29th. There will be a hearing in district court in Washington D.C. on January 29. The attorney for the governmental agencies had requested that Mayor Standley appear as a witness for the government. City Attorney Stuller pointed out that this particular litigation addressed only the season pass. Ms. Stuller said this was totally outside the stand taken by the City of Aspen to date. Ms. Stuller had prepared an affidavit for Mayor Standley and had sent it to Washington. Mayor Standley said that Zane Smith had indicated to him that the Forest Service might pay for the trip to Washington. Councilman Behrendt said he would like to see the City continue to participate in trying to get overall way for Ski Corp and other areas to establish rates in the public arena with public consideration. Councilman Behrendt said on the specific issue of the ski pass, he would like to see the City hang loose. This is a separate issue from the public hearings on setting rates, etc. Mayor Standley said he would be appearing as an expert witness for the government and answering questions for the government, not giving a presentation. Councilman Wishart said he felt Mayor Standley's affidavit was proper, but it was not proper to go to Washington at the City's expense. As a defense witness, the onus is on the government. For the City to send Mayor Standley is going too far away from the line the City has taken. Mayor Standley said the City w®uld file their appeal after the season pass issue is resolved. The outcome of this action will impact the City's appeal. To that extent, the City does have an interest. Councilwoman Pedersen said the Council had honed a straight line to what v was important to them, the mechanics of rate setting and had tried to stay away from the private sector. Councilwoman Pedersen said she would like to see Council's original line maintained. ORDINANCE #94, SERIES OF 1975 Amendments to the Subdivision Regulations City Attorney Stuller told Counoil this was instituted by the P & Z and is an attempt to impose subdivision dedication fee on all development in the City. The P & Z did not Ord.94,1975 endorse the p~ion that employee housing should receive a deduction. Councilwoman Amendments Johnston questioned Section 4, no park dedication fee~shall be imposed if such fee was Subdivisions paid at the time of the subdivision. City Attorney Stuller pointed out that the dedica- Dedications tion fee was already paid, and if the project came in and put in another condominium, it would go through resubdivision. Councilwoman Johnston moved to read Ordinance 994, Series of 1975; seconded by Councilman Wishart. Councilman Wishart said he would like to add Housing Officer Brian Goodheim's comments. Councilwoman Johnston said she would like Section 4 red~fined, and she is very interested in Boodheim's ideas. Councilwoman Pedersen moved to table Ordinance ~94, Series of 1975; seconded by Councilman Wishart. All in favor, motion carried. Councilmembers Wishart and Pedersen are to get together with Goodheim and City Attorney Stuller and redraft the ordinance. RESOLUTION #2, SERIES OF 1976 - Acquisition of Water Rights Councilwoman Pedersen moved to read Resolution ~2, Series of 1976; seconded by Councilman Parry. All in favor, motion carried. Res.2;1976 Water RESOLUTION ~2 Rights (Series of 1976) Acquisition WHEREAS, there are held, within the Roaring Fork Valley, n~merous water rights of various capacities and priorities, some of which are maintained and put to beneficial use on lands which are from time to time proposed for annexation to the City or for subdivision or other development within the City of Aspen, and WHEREAS, the City Council, in order to more intelligently manage the water resources of the Roaring Fork Valley, wishes to establish a policy of acquisition of these water rights at the time of annexation, subdivision, or development permit issuance, when a proposed area or development will be serviced by the City owned water utility (1) so as to avoid the establishment Water of competitive water utilities within the City, (2) to insure that all water rights used for domestic purposes meets minimum sanitary and health standards, (3) cont. to prevent the abandonment.of water rights by discontinuation of their beneficial use, (4) to provide for the acquisition of more senior rights to guaranty water service to Aspen area users in times of low supply, and (5) to reduce the costs of condemnation for acquisition of water rights in the future, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City Administration in reviewing all annexation petitions and applications for development within the City, examine any and all water rights historically benefiting lands proposed for annexation, subdivision, or other developments, ~ adjacent thereto, and acquire or provide for future acquisition of any such rights by the City of Aspen when the holding of such water rights will achieve any or all purposes of this resolution as stated above. 2. Provided, however, that nothing herein shall require involuntary acquisition by the City of Aspen of such rights or shall pre- determine the method of acquisition whether by gift, sale, lease, option, right of first refusal, or otherwise, under such terms and conditions as the City Manager shall deem appropriate. Councilman Behrendt moved to approve Resolution ~2, Series of 1976; seconded by Council- man Wishart. All in favor, motion carried. ORDINANCE ~2, SERIES OF 1976 Electric Appropriations Ord.2,1976 City Attorney said these were two appropriations for electric that were discussed before; Electric legal fees for contesting the Federal Power Commission, and undergrounding. Ms. Butter- appropria- baugh told Council the next thing related to undergrounding would be an ordinance tions prepared by Kirchner/Moore for bonding $600,000 for undergrounding. Councilman Behrendt moved to read Ordinance #2, Series of 1976; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE 92 (Series of 1976) AN ORDINANCE APPROPRIATING PROM ELECTRIC DEPARTMENT REVENUES FIVE THOUSAND ($5,000) DOLLARS FOR ENGINEERING CONSULTING COSTS INCIDENT TO IMPLEMENTATION OF THE ELECTRIC UNDERGROUNDING PROGRAM: AND AN ADDITIONAL FIVE THOUSAND ($5,000) DOLLARS FOR LEGAL FEES TO PROSECUTE THE PROCEEDINGS PROTESTING THE PUBLIC SERVICE RATE INCREASE was read by the city clerk. Councilman Wishart moved to adopt Ordinance ~2, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINanCE 93, SE~S' OF 1976 - Employee Retirement 0rd.3,1976 Councilman Wishart moved to read Ordinance #3, Series of 1976; seconded by Councilwoman Employee Johnston. All in favor, motion carried. Retirement ORDINANCE 93 (Series of 1976) AN ORDINANCE REPEALING AND REENACTING THE EMPLOYEES' RETIREMENT PLAN AND TRUST OF THE CITY OF ASPEN; REPLACING THE PRESENT TRUSTEE AND AUTHORIZING ADMINISTRATION OF THE PLAN AND TRUST BY THE RETIRE- MENT COMMITTEE AND DIRECTOR OF FINANCE; ESTABLISHING A SCHEDULE BY-- VIRTUE OF WHICH THE CONTRIBUTIONS MADE BY THE CITY WILL VEST IN EMPLOYEES ACCORDING TO YEARS OF SERVICE TO THE CITY; ITEMIZING PERMISSIBLE INVESTMENTS AND AUTHORIZING THE COMMINGLING OF PLAN FUNDS WITH OTHER QUALIFYING FUNDS, ALL AS MORE PARTICULARLY DESCRIBED IN THE ORDINANCE was read by the city clerk. Councilman Wishart moved to adopt Ordinance 93, Series of 1976, on first reading; seconded by Councilman Parry. Councilwoman Johnston said that if someone was not part of the employee program, she was under the impression that they would not be able to join until next January 1. Ms. Butterbaugh said that could be changed. Everyone was in agreement this is a one time opportunity. Now is the appropriate time for these people to join the plan. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Wishart, aye; Mayor Standley, aye. Motion carried. PAEPCKE/~ENSCHER/DU~..IN EXCHANGE OF. DE~S Paepcke/ City Attorney Stuller said this is merely an exchange of deeds to correct descriptions. Menscher/ The engineerIng department supports it. Durbin Exchange Councilman Behrendt moved to approve the exchange of deeds; seconded by Councilman Parry. of deeds All in favor, motion carried. 1946 Regular Meeting Aspen City Council January 26, 1976 Councilman Behrendt brought up vending on private sectors immediately adjacent to the public rights-of-way. The hawking of merchandise looks lousy. Councilman Behrendt Vending on said he did not think that the property owners would be totally immune to requests from private Council to remove some of this. Mayor Standley pointed out that the Mall Commission property requested an ordinance on private property vending restriction. Councilman Behrendt suggested Mayor Standley and City Manager Mahoney talk to the property owners. Mayor Standley said he would be glad to do that. This marketing is getting very blatant; they are grabbing people on the streets. Mayor Standley said these people with merchandise boxes are right on the lot lines and the customers have to impede traffic and stand on the public rights-of-way. Mayor Standley said he was interested in trying to deal, directing City Manager Mahoney to deal with this problem at all levels possible, includir going to the owners of the property. Councilman Behrendt moved to adjourn at 8:50 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. Kathryn ~. Hauter, City Clerk