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HomeMy WebLinkAboutminutes.council.19780925Regular Meeting Aspen City Council September 25, 1978 Mayor Standley called the meeting to order atT:lO p.m. with Commissioners Edwards and Kinsley; Councilmembers Van Ness, Johnston, Isaac, Behrendt, Wishart and Parry present. Also present were City Manager Mahoney, County Manager Ochs, City Attorney Stock and County Attorney Stuller. 1. Economic Programming for State. Ochs explained that Dick Hart, from the State, was to be present to discuss all the A-95's and the issues the Boards have wanted answers to. Hart was not present. 2. Proposed Amendment to Open Space. Karen Smith, planning director, told the Boards this request comes from the Open Space Advisory Board, requesting that referrals on rezoning Open SpaceAdvisory any property to or from P, park, to referred to them for an advisory opinion. The OSAB Board Amendment requested the agreement be amended to reflect this. ~egu£ar Meeting Aspen ~lty ~ouncll september ~b, l~'/s Councilwoman Johnston moved the Open Space agreement be amended to include this request; seconded by Councilman Van Ness. Mayor Standley stated he disagreed because the OSAB is a joint board, and this would give them the same powers as P & Z on City or County matters independently. There is an oppor- tunity for conflict; they would have to serve two masters. Councilman Isaac suggested changing "Board shall be consulted" to "may be". Councilman Van Ness said this is just giving them an opportunity to express an opinion. Ail in favor, with the exception of Councilman Isaac and Mayor Standley. 3. A-95 Reviews. Jenifer Carr told the Board the first five A-95's are all forms of Comprehensive Employment Training Acts (CETA). They are all for the balance of the state, excluding the Denver Metro area. The first one is for economically disadvantaged. Mayor Standley asked if this was pro-rated on a County share, and stated he disagreed with these programs because Pitkin County never qualifies. The State is only looking at one side of the equation, and not the cost side. Councilwoman Johnston pointed out it does not hurt to do a favorable comment. Mayor Standley said the State ought to get going and have responsive programs to everyone; Pitkin County gets the droppings. Councilman Behrendt moved for favorable comment with an attachment by Mayor Standley giving the specific concerns; seconded by Councilwoman Johnston. All in favor, w~th the exception of Mayor Standley and Councilman Van Ness. Motion carried. Councilman Behrendt moved for favorable comment for the next four CETA grants with the same comment; seconded by Councilwoman Johnston. All in favor, motion carried. Region 12 Criminal Justice Training Program. Ms. Carr told the Boards Pitkin County is A-95 Review part of Region 12, and this is funding for training in law enforcement; 15 people to Regiong 12 basic CLEATA; 10 people to advanced training, and regional training seminars. The Aspen CrimJ_nal police department is going to do a seminar in crime scene investigation. Justice Councilman Behrendt moved for favorable comment; seconded by Councilman Isaac. All in favor, motion carried. Transportation Planning Work Program. Ms. Carr said the state transportation planning work program is a function of the state, and this is their annual submission. Pitkin County was the beneficiary of this in 1977 and 1978. There are no plans for Pitkin County or Region 12 in 1979. Ms. Carr recommended no comment. Mayor Standley said because this is a statewide plan, they should give favorable comment. It does help fund the statewide rail transit plan. Councilman Behrendt moved for favorable comment with Mayor Standley's comments; seconded by Councilman Isaac. All in favor, with the exception of Councilman Wishart. Motion carried. UMTA Technical Studies Grant. Ms. Carr said Pitkin County is not directly involved in this; however, public companies that are not governmentally oriented are eligible for UMTA Technical technical assistance. Mayor Standley said this grant could help Pitkin County for the Studies Grant h~ndicapped and elderly. Councilwoman Johnston moved for favorable comment; seconded by Councilman Isaac. A~i in favor, motion carried. Maroon Bells/Snowmass Wilderness Management Plan. This is information only, and the Maroon Bells/ forest service is soliciting comments or questions about this plan. Statements have to Snowmass be given to Tom Evans by October 10. Wilnerness Plan 4. County-wide Sales Tax Distribution. George Ochs told the Boards the latest program is a distribution that is phased over 5 years, and is a compromise between the County program~ County-wide This program accounts for County funds which are shifted directly to Snowmass due to the Sales Tax incorporation, adds on sales tax in the amount of $107,000 for 1979 and phases up to distribution $250,000. in 1983. This increases Snowmass's amount over 5 years, and includes Basalt in the equation. From 1983, the County's percentage phases down from 47 to 43.6 per cent. From that point on the County retains that percentage; the balance is split between Aspen, Snowmass Village and Basalt. Based upon point of origin, the percentages would remain at 1983 levels. Aspen would go from 53 to 47.6 per cent, Snowmass Village about 8.5 per centi and Basalt about .3 per cent. Ochs stated the logic behind this program is that Snowmass Village is going to pick up $165,000 worth of services, which the County will be dropping. Mayor Schuss felt Snowmass Village needed in the range of $250-280,000 per year of the sales tax, and this program will phase to that in 1983. There is a direct transfer of $60,000 of County funds other than sales tax. The losses in sales tax to Aspen, 1979 would be minus $86,000 increasing to 1983 of $159,802. For Pitkin County, there are losses in sales tax of minus $25,775 and increasing to $99,102 with a constant $60,000 in other costs. These losses for Pitkin County equal to Aspen's losses and correspond all the way. The gain to Snowmass Village starts in 1979 at $167,000 to $310,000 in 1983. Basalt was included at .2 or .3 per cent; it should be higher, .5 or .6 per cent. This plan will get to the position Snowmass Vill- age wants in five years. Ochs recommended that in five years, Snowmass starts participa- ting with Pitkin County and Aspen in the things the sales tax was intended for; open space~ trails, recreation. Councilman Wishart asked what happens in the event of annexation. Mayor Standley said that should be worried about when it occurs. If the City is going to take on annexation, the City will have to do a great deal of background research. The City will have to evaluate the costs incurred by the City and the savings to the County. Mayor Schuss noted that every proposal from the County seems to reduce the amount of money to County turns over to Snowmass. Schuss stated the program is inequitable in that in 1978, the City of Aspen ~egu±ar ~ee~lng Aspen ~lty Uouncli septemDer Zb, received around $165,000 tax generated in Snowmass, and Aspen is only obliged to return to Snowmass $100,000 in this program. Schuss stated that the County saving by Snowmass incorporation is not the issue; Schuss questioned the derivation of the County's numbers. Schuss said he did not feel this plan was fair or equitable. Ochs said this program was consistent with where he felt the Commissioners were. Schuss noted two weeks ago there were two proposals on the table which were much closer to the amount Snowmass needs. Mayor Standley said the Council had voted to have the City Attorney draft a resolution with the Schuss plan at 72.5 per cent; Sn©wmass and Basalt both agreed with that. Mayor Standley pointed out this program, resulting from last week's discussion, did not involve Schuss. If this is a solution for everyone, all the impacted parties should be involved in all the discussions. This plan has valid points and arguments. Councilman Parry asked why the County felt this was better than the Schuss plan that had been worked out. Ochs answered this reflects the positions outlined by the Commissioners, and it does protect the county sales tax from an erosion at the whim of municipalities. The plan does get Snowmass where they want to be. When Snowmass gets their fair share of sales tax, they will be expected to participate in recreation programs and open space. Mayor Standley suggested sending Ochs, Mahoney and Schuss back to the planning stage and come up with a program everyone can agree to. This should be presented to the Boards so that they have time to read it and understand it. Mayor Standley said he agreed with the policy and the thought process on the plan, but that Snowmass has to be part of the conver- sations. 5. North Star Ranch Financing Plan. Ochs reminded the Boards last month they had dis- cussed financing for North Star, and he was asked to look at tax exempt purchase. This approach would not be acceptable to Mr. Smith. Based on non-tax emept financing, a three- year program is $411, 000; $338,000 and $320,000 for a total of $1,070,000. A five-year ~North Star pay out would be $334,000; $680,000; $217,000; $214,500; $194,700 and $179,850 for a Ranch-Financing total of $1,140,530. The five year program costs about $71,000 in interest over five years. The plan cannot go beyond five years because a $165,000 minimal payment has been guarant~ed to Mr. Smith. Councilman Behrendt pointed out the City has programs of about the same size and thinks they are equally as important. Ochs told the Boards that this purchase is the kind of thing the county-wide sales tax was made for. Commissioner Edwards said he had always understood the City would be in this for 50 per cent. Mayor Standley recollected the County was going to purchase J. B. Smith ranch and the City would purchase Aspen One. The City has Aspen One, Midland, discussions on Maroltl and Sinclair, the mall expansion. The City purchased Little Cloud recently. Councilman Behrendt asked about the City and County going to bonds to support these purchases of open space. Commissioner Edwards said this would take a monetary commitment on both parts, and this is the direction they were moving toward with the Open Space Advisory Board. Mayor Standley said the City went through budgeting and found out that the requirements for open space already exceed the ability to fund by about $400,000. City Manager Mahoney said the County has already made provisions to pick up this year's payment. The County is asking the City for next year's payment. There are a couple of major things that have to be addressed; Snowmass's tax share, annexation, perhaps estab- lishing a district to purchase open space. Councilman Wishart said the way the metro area is divided between the City and County, he is not sure they should be jointly buying open~ space. Ochs said the County would proceed in making contracts for this year's payment to Nature Conservancy. Mayor Standley said next year this would be discussed for a possibility of joint funding. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of September 11, 1978; seconded by Council- man Isaac. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston asked what was being done about the street signs. Mahoney said Street signs they were not doing much about the signs until the street department was done paving the streets. 2.. Councilman Isaac said there are two dead trees On Main street in front of the Hotel Dead trees Jerome and would like these checked out. 3. Councilman Isaac asked what was being dug at Cemetery Lane and Highway 82. Mahoney told Council the City was putting in reflecting pools and landscaping. 4. Councilman Isaac said he had read'!~ that the State has a smoking ordinance that the City is not enforcing. The City might be able to enforce it by posting non-smoking or smoking Non-smoking areas. Tom Dunlop said he would look into this. ordinance 5. Councilman Behrendt said last week the City paid a contract to bury power lines from Main street to the elementary school. Neither the cable nor telephone were being under- grounded at the same time. Mahoney told Council the routes did not coincide, and this is just to tie in wi~h the City's new electrical operations facility. 6. Mayor Standley thanked H. J. Stalf for his reply to the bus company on the accusation Continental that the City is making impossible to find a new home for Continental Trailways. Trailways location 7. Councilwoman Johnston commended the Rugby club for cleaning Wagner Park right after the matches. Kegu±ar Meeting Aspen City Council septemDer KEEP COLORADO BEAUTIFUL AWARD Tom Dunlop told Council Aspen had submitted an entry in Keep Colorado Beautiful contest, and was successful in being named the Clean City in Small Cities category. Cap Shanks ~Keep Colorado from the Colorado Division of Local Governments was here to present the award to Council. ~Beautiful Shanks told the State is appreciativ~ of what the Council has done in Aspen, because it is Award meaningful to the State. Shanks presented the award to Captain Clean and the Council. Dunlop showed Council the submittal that went to the State for this contest. PRESENTATION OF CITY PERFORMANCE REVIEW Mayor Standley said Ellen Anderson has been working on a five year performance review to be distributed to the electorate and the various people the City does business with. City Perfolnnance Ms. Anderson presented a mock up; there will be photos of different departments operating, Review a letter from Mayor Standley, report from City Manager Mahoney, Auditor's opinion. Ms. Anderson told Council they plan on sending these to the City's electric and water custo- mers, as well as bond dealers, and financial houses. ~s. Anderson said these would be back from the printer in 6 or 7 weeks. Mayor Standley reminded Council this was budgeted at $3,000 and finance department Wanted more charts to give a five-year history of Aspen's financial picture. Mahoney told Council this review will show the income ratio, the capital budgeting, what Aspen's performance has been over the past five years. Councilman Behrendt moved to ~pprove the idea of this piece of literature for the adminis- tration and request them to set the number of copies they feel are necessary, expenditure not to exceed 5,000; seconded by Councilman Wishart. Councilman Parry suggested that Ms. Butterbaugh would want to go to the Chamber of Commerce and the Board of Realtors and see if they would be interested in purchasing some of these and pay for them over the specified 5,000 copies. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Skier's Chalet and Steak House Bob Jacobs, fire marshal, recommended a conditional hold be put on this pending compliance Liquor License with the fire inspection. Jacobs said he would like compliance before the license is Renewals issued. Councilman Behrendt said he would like them to comply with the sign code as one Skier's Chalet of the conditions; their grandfather clause ran out. Councilman Isaac said he would urge & Steak House them to put out the glass lamps which are burning 24 hours everyday of the year. This forces the utility bills up. Councilwoman Johnston agreed and said she thought there was a~state law against this. Councilman Behrendt moved to approval the renewal of a liquor license subject to the fire marshal's comments and the building department comments on the sign code; seconded by Councilwoman Johnston. All in favor, motion carried. PURCHASE AND SALE OF LIQUOR LICENSE - ASTC Study Hall Mayor Standley noted this is for a purchase of the space formerly licensed as the Stone- henge underneath the Paragon. Tom Dunlop told Council there are problems, but these are Liquor License easily solvable. Jacobs said that A1 Pendorf, the applicant, is working hard to comply Transfer with the codes, but until these are complied with, Jacobs said he would like a conditional ASTCStudyHall hold placed on this. Councilman Isaac asked what kind of operation this would be. A1 Pendorf said he planned a college type bar with a ragtime band or honky-tonk piano. There will be a faculty lounge, and Pendorf~i plans on serving pizzas. ~ Councilman Behrendt moved to conditionally approve the transfer and sale to the Aspen state Teacher's College conditioned upon the fire marshal and health inspectors approvals. Ail in favor, motion carried. ii TRANSFER OF OWNERSHIP AND RENEWAL - Bacchana1 Liquor License Dunlop told Council he is requesting this establishment be brought into compliance to the Transfer- last inspection Under the previous owner. Dunlop told Council this is a fairly new struc- Bacchanal ture. Jacobs said there are some small repairs he would like to have completed before the license is given. Don Fleisher, the applicant, said he is nos going to operate the restau- rant; he only acquired the corporation to pay off the debts. Fleisher told Council he ~ wanted to preserve the status of the license. Councilman Behrendt moved to conditionally approve the transfer and renewal of the license ~ conditioned up the building and health department's approval; seconded by Councilman Wishart. Ail in favor, motion carried. ROADLESS AREA REVIEW AND EVALUATION Mayor Standley reminded Council this was presented at the last meeting. Connie Harvey RARE II passed out a map showing the actual wilderness, which is about 7/10's of a per cent. Ms. Harvey stated that Colorado is one of the few states that has a lot of roadless area. Councilman Parry asked what the advantage of this is. Ms. Harvey said the Forest Service is not going to let things go on as they have been. In their draft EIS, they plan to put the area into one of three categories; wilderness, non-wilderness, further planning. The wilderness land will remain roadless, and the advantage is to keep these lands wilderness. Councilman Isaac moved to have Council endorse the wilderness workshop's proposal for RARE II; seconded by Councilwoman Johnston. Ail in favor, motion carried. Ms. Harvey said she would draft a letter for Mayor Standley to send. Councilman Behrendt asked if there was a discussion of helicopter skiing in the proposal. Ms. Harvey said it was not addressed. LONE PINE WATER EXTENSION City Attorney Stock told Council Lone Pine is a mixed employee housing/free market devel- opment located just north of the Mill Street bridge. This project was denied by the County P & Z, and then approved by the Commissioners. The employee Units are tied to a price in a March memorandum. The applicant goes before County P & Z for final approval October 4. Water Extension ! They did not ask the City if they would serve this project with water until last week. Lone Pine The City's normal approach has been to work out an agreement and by ordinance adopt it expressing the intent the City would provide water service. Stock recommended, if the City is willing to provide water service, the Council pass a motion that if the system is improved, the City would be willing to provide that service under an appropriate agreement, Stock recommended that the County P & Z condition the approval subject that no building permit would issue until the final contract between the City and the applicant is filed. Councilwoman Johnston asked what the financial picture is on this. Stock told Council that Lone Pine will have to lay mains; pay the tap fees and the PIFs. The PMH units can be provided water at in-city rates. The improvement to the water service is a looping of the system. The developer will give an easement and dedicate the water main to the City once it is completed. Stock told Council he has started to draft an agreement to provide water service. Councilman Wishart moved to approve water service to Lone Pine with the conditions out- lined by the City Attorney; seconded by Councilwoman Johnston. All in favor, motion carried. FINAL SUBDIVISION - Park Central West Joline Vrchota, planning office, told Council this proposal is for a two-story building, which includes 10 residential units - 7 free market and 3 low-cost studioes, pluS 2,781 square feet of office space. This is located at the northeast corner of Hyman and Aspen Final Subdivision streets. Ms. V~chota reminded Council this proposal scored the second highest number of Park Central points at the conceptual GMP review. The P & Z reviewed this application and recommended West it with several conditions; they want to know the power load and when power will be needed; a dedication of easements to Mountain Bell, which is being included in the agreement; and housing. P & Z was concerned with maintaining the low and moderating income units and recommend that final approval be conditioned upon a covenant adopting price guidelines from Council. City Attorney Stock has reviewed Council actions and determined that a con- tract has been made, that the ~t~ee studio units will be rented at 175 each for five years. An agreement to that effe ~ has been drafted. Ms. Vrchota told Coun¢±l the final plat also has to fulfill cond±t±ons of the c±ty engineer, and there is a memorandum ±n the packet. Most of th±8 ¢ond±t±ons have been met. A suB- d±v±s±on ±mprovement agreement has been drafted and ±noludes pay±rig the alley behind the project, agreement to pay park dedication fee. The planning office does recommend approval conditioned on the clarifications, final approval of the plat by Dave Ellis, clarification for City electric of the power load requirement, revision of the subdivision improvement agreement to include paving costs and park dedication and utility easement, the housing agreement must meet the approval of the city attorney. Councilman Parry moved to approve the final subdivision conditioned upon the seven elements and city engineer's conditions; seconded by Councilman Van Ness. Councilwoman Johnston pointed out this only binds the price guidelines for five years and after that it is wide open. City Attorney Stock told Council he was working on this problem. For this project, there are four covenants; the price term for five years, the right of first refusal, minimum six months lease, and no objection to improvements under Sec. 20-16. These covenants will be listed as a twenty-year period with automatic ten year extension. All in favor, motion carried. REPORT ON CONDOMINIUMIZATION City Attorney Stock said the staff wants a conceptual idea on this from Council because CondominiLm~ization this will have to be re-drafted and taken back to P & Z. The planning office pointed out ~ReDort they are trying to meet a December deadline. Councilman Isaac said he would like a sPecia~ session to work on this problem. Councilman Isaac moved to table this item; seconded by Councilman Wishart. All in favor, motion carried. WHEELER OPERA HOUSE - Visual Arts Board Lease Jenifer Carr explained to Council this is a reouest from the Visual Arts Board to utilize Wheeler Lease the space in the Wheeler previously occupied by Rob Jacklin. Visual Arts Board Councilman Isaac moved to approve the lease for the Visual Arts in the Wheeler Opera House; seconded by Councilman Behrendt. Mayor Standley pointed out this is an indefinite lease with 90 day cancel!iation. Councilwoman Johnston asked if there should be a clause for sharing this space, and if it was normal for the City to pay the utilities. Ms. Carr said she had spoken to the director about sharing the space, and it is normal for the City to pay utilities in all the donated space. Councilwoman Johnston pointed out the Visual Arts Board only has to give the City 30 days notice, and the City has to give them 90 days. Mayor Standley said the CitY had extended all the lease to FebrUary 1979 so that the City could gut the building that winter. Councilman Van Ness said he wanted it changed to 30 days. Council agreed. Councilman Isaac amended his motion to approve the lease with 30 day cancellation; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #30, SERIES OF 1978 - H, Historic Designation of the Eagle's Building Mayor'Standley opened the public hearing. Jim Reentz, planning office, entered into the record historic documentation of the Eagle's building. Mayor Standley closed the public Ord. 30,1978 hearing. ~Hdesignation Eagle's Councilman Behrendt moved to read Ordinance #30, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~30 (Series of 1978) AN ORDINANCE DESIGNATION AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE EAGLE"S BUILDING CONSISTING OF THE NORTHERLY 32 FEET OF LOTS K AND L AND THE NORTHERLY 30 FEET OF LOT M IN BLOCK 95, ORIGINAL ASPEN TOWNSITE was read by the city clerk Councilwoman Johnston moved to adopt Ordinance #30, Series of 1978, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Johnston, aye; Isaac, aye; Parry, aye; Wishart, aye; Behrendt, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. SKI RACKS AT RUBEY PARK H. J. Stalf told Council the transportation department had gotten complaints from people there is no place to store skiis after skiing while they are in town. Stalf said rather Ski Racks at than have city employees control and be responsible, a contract with Checking Systems ~ubey Park Inc. would be a good way to go. Mayor Standley asked if the City would be liable. Stock told Council there is a provision that will hold the City harmless from any personal or property loss. Councilwoman Johnston pointed out the lease runs until October 31, 1979, and why would there be ski racks up in the summer. City Manager Mahoney suggested if the Council were interested, conceptually, to have Stalf and Stock draw up a lease in the City's favor. Stalf told Council the racks would be the same as the ones at Little Nell. The lockers would be i~side the building, and the racks would be outside the building. Councilman Behrendt moved to go with conceptual approval and the details are to be worked out by Stalf and Stock; seconded by Councilman Parry. All in favor, motion carried. CITY MANAGER i ~ 1. Horowitz Property. Mahoney told Council he and Mayor Standley had met with the ii attorney for Horowitz. The property is next to Little Nelt in a vacated street. Mahoney said Horowitz had gotten clear title to the property from Rio Grande. Horowitz has made ~roperty side deal with the Ski Corp, that they would alwayS have access and parking provided. a Horowitz then offered to sell the property to the City for $35,000. The City has ease- ments through there for water lines; the pump house is on this property. Mahoney said he had found that Horowitz is selling the City more than he could convey because of previous deals with the Ski Corp~ Mahoney told Council they left the negotiations that Horowitz' attorney would go back and see what kind of a deal there is with the Ski Corp. Mayor Standley illustrated the easements, access, and parking for Council, and told them the bottom line is the price would be $400 a square foot for 900 square feet. Mayor Standley reminded Council a single family dwelling can be built in the C, conservation zone. 2. Annexation Report. Mayor Standley said this could be dealt with, if time permitted, Annexation at the Wednesday night work session. report Councilman Isaac moved to table the annexation discussion until Wednesday; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~35, SERIES OF 1978 - Liquor License Code Ord. 35,1978 Councilwoman Johnston questioned the section on unlawful to give by gift alcoholic Liquor I~icense beverages to someone else. Stock said this pertains to a gift with the intention of Code evading the law. Councilwoman Johnston questioned the delinquency in payment of the occupation tax; it has no teeth because the City cannot suspend or revoke a license for delinquency. Stock answered the clerk will not issue the license, under Sec. 4-33, until the occupation tax is paid. It is not grounds for revocation or suspension. Councilman Parry moved to read Ordinance #35, Series of 1978; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE 935 (Series of 1978) AN ORDINANCE RELATING TO LIQUOR AND BEER LICENSING AND THE CONDUCT OF LICENSED PREMISES; REPEALING AND REENACTING CHAPTER 40F~ THE ASPEN MUNICIPAL code was read by the city clerk Councilwoman Johnston moved to adopt Ordinance ~35, Series of 1978, on first reading; seconded by Councilman Parry. Roll call vote; Councitmembers Parry, aye; Van Ness, aye; Wishart, aye; Behrendt, aye; Johnston, aye; Isaac, aye; Mayor Standley, aye. Motion carried. ORDINANCE #36, SERIES OF 1978 - Changes in Calculation of FAR Ord. 36, 1978 This ordinance adds a definition of subgrade and provides that the measurement of FAR Calculation of includes areas under a roof or a balcony~ FAR aspen ~l~y ~ouncl± ~eptemDer zb, 19/~ Councilwoman Johnston moved to read Ordinance #36, Series of 1978; seconded by Council- man Isaac. All in favor, motion carried. ORDINANCE #36 (Series of 1978) AN ORDINANCE AMENDING SECTION 24-3.1 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A DEFINITION FOR ,SUBGRADE" AND AMENDING SECTION 24-3.7(e) (1) WHICH PROVIDES FOR THE INCLUSION OF AREAS UNDER A HORIZONTAL PROJECTION OF A ROOF OR BALCONY IN THE CALCULATION OF FLOOR AREA was read by the city clerk Councilwoman Johnston moved to adopt Ordinance 936, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Wishart, aye; Isaac, aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~37, SERIES OF 1978 - Density Reduction Formula Mayor Standley told Council this will amend the slope density ratio formula to deal with Ord. 37, 1978 hazardous building areas. Density Reduction Formula Councilman Isaac moved to read Ordinance ~37, Series of 1978; seconded by Councilman Parry. All in faVor, motion carried. ORDINANCE #37 (Series of 1978) AN ORDINANCE AMENDING SECTION 24-8.18 OF THE ASPEN MUNICIPAL CODE TO ESTABLISH A SLOPE DENSITY REDUCTION FORMULA was read by the city clerk Councilwoman Johnston moved to adopt Ordinance #37, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. RESOLUTION #16, SERIES OF 1978 - Aspen One Trade or Purchase This resolution evolves from discussion at the last Council meeting of putting the Aspen Res. 16,1978 One land trade or purchase with general obligation bonds on the ballot for the November Aspen One election. Trade or Purchase Councilman Wishart moved to read Resolution ~16, Series of 1978; seconded by Councilman Isaac. Councilman Behrendt suggested shifting the position of the two questions for the ballot. Jeff Sachs, representing adjacent property owners who are opposed, asked if the dollar amount for the trade would be on the question; this is a critical factor. City Attorney Stock said the trade amount in boot would be $300,000; the purchase amount would be $550,000. Stock explained to Council they would have both questions on one page in the ballot with the wording before it to explain that whichever question received the most affirmative votes would prevail. Councilman Isaac moved to amend the motion to read and switch the positions of questions 1 and 2; seconded by Councilwoman Johnston. All in favor, motion carried. RESOLUTION #16 (Series of 1978) WHEREAS, the City Council of Aspen desires to submit the question of a land trade and purchase to the electorate in the form of a referendum to be held at the November 7, 1978, general election; and WHEREAS, formal action is necessary to place this issue on the ballot; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the General Election to be held in the City of Aspen, Colorado, on Tuesday, the 7-h day of November, 1978, there shall be submitted to a vote of the qualified, registered electors of the City, the following question as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election: FORM OF QUESTION "VOTE FOR ONLY ONE ~F THE FOLLOWING" Shall the City of Aspen, Colorado, be authorized to issue its general obligation bonds in the principal amount not exceeding $550,000 for the purpose of acquiring certain real property consisting of approxi- mately 59,000 square feet, owned by Aspen One Compnay, located adjacent to the Rio Grande property and fronting on the Roaring Fork River, such bonds to bear interest at a net effective interested rate not exceeding ~.0% per annum, payable semiannually, to mature serially within 20 years from their date, and to be redeemable at the option of the City at such time or times and in such manner, upon payment of such premium or premiums if any, not exceeding 3% of principal, as may later be determined by the City Council. 1. FOr 2. Against Section 2 That at the General Election to be held in the City of Aspen, Colorado, on Tuesday, the 7th day of November, 1978, there shall be submitted to a vote of the qualified, registered electors of the City, the following question as set forth below, which question shall be similarly stated in ~egu±ar Meeting Aspen ulty uouncl± ~eptemDer the Ballot Label and Notice of Election: FORM OF QUESTION "VOTE FOR ONL¥~ONE OF THE FOLLOWING: Shall the City of Aspen engage in a land trade and purchase exchanging Aspen C~e Lots 12 and 13 of the West Aspen Subdivision, Second Filing, consisting Trade or of approximately 30,000 square feet plus the sum of Three Hundred Purchase Thousand Dollars ($300,000.00) for approximately 59,000 square feet of property owned by the Aspen One Company adjacent to the Rio Grande Property and fronting the Roaring Fork River. 1. For 2. Against Section 3 In the event that the questions provided in Section 1 and 2 should both be approved by the electorate, the one receiving the greatest number of affirmative votes shall prevail. Section 4 Those qualified, registered electors of the City who are qualified to vote under the Constitution of the Charter of the City of Aspen, shall be allowed to vote on the proposed auestions. Section 5 The election on the proposed questions will be held at the designated polling places within the newly established voting precincts between the hours of 7 a.m. and 7 p.m. on Tuesday, November 7, 1978, in the City of Aspen, Colorado. Section 6 The election of the proposed questions shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 7 The provisions of registration of electors and for voting by absentee ballot on the question of the proposed questions shall be in accordance with The Colorado Municipal Election Law. Section 8 The votes at said election shall be registered on voting machines and the ballot label shall read similarly to the form of question provided in Sec. 1 and 2. Section 9 The election on the questions of the proposed land trade and purchase shall be held and conducted, and the votes cast on the questions aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and declaration of the officers of the City of Aspen. Section 10 The notice of the election on the proposed land trade and purchase shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place within the City, at least tne (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice containing such information as is required by law. Councilman Parry moved to adopt Resolution 416, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #17, SERIES OF 1978 - Little Annie Ski Area Mayor Standley stepped down from the discussion. Councilman Behrendt reminded Council the procedure for this review provides for public comment in a public hearing process. This Res. 17, 1978 resolution is just for Council. Mayor Standley pointed out this step is just to send Little Annie Little Annie to site specific EIS. Councilwoman Johnston pointed out the resolution read Ski Area that the Council grants conceptual approval. City Attorney Stock said that all agencies that have signed the joint review agreement to determinat at this point whether to send the project on to site specific. Section 2 says that with consent of all other agencies and compliance, the City would be willing to enter into a site specific a~reement to review the project even further. Stock told Council they have the option to (1) approve, (2) to deny, (3) the right to send it to P & Z for their consideration, and (4) table because there is no specific time limit. If Council adopts this resolution, they are saying (1) there is the need for additional skiing area within the Aspen area, and (2) that Little Annie may be an appropriate site; site specific review will determine whether or not it is appropriate. Ms. Smith told Council the Commissioners had decided to let the voters decide. It is not mandated in the process review that this project be sent to P & Z. Stock said the P & Z would be involved when this gets to site specific. Councilman Behrendt stated there are several items in the submittal he has grave reservations about. Stock pointed out the only thing the Council would be tying themselves to is a statement there is need for additional skiing in the area. Councilman Isaac said this does not address the application, does not get down to anything specific. Councilman Isaac said he would like to see conditions put upon this that the applicant would have to address. Stock answered the applicant has to come back at site specific agreement, and the Council will have the ability to direct the applicant to answer questions and concerns. Council- man Wishart agreed he had serious reservations about this, but this resolution ties them into very little. There are so many more steps to go through. Councilwoman Johnston suggested since the County is taking time to go to the voters, the City can take time to express their concerns. Councilman Van Ness said he did not want to say there is need for additional ski areas unless there is skiing to meet the local needs, such that any employee season passes that are g~ven must be at a reasonable price. Councilman Parry pointed out the reason for going on to the next step is to get answers to the concer~s. Councilwoman Johnston said she felt it would be appropriate to refer this to P & Z. ~gu±ar zv~eeuzng Aspen uluy ~ouncl± september Eh, Stock explained his drafting of the resolution to specifically refer:to the 1200 employee I~ season passes, to address the statement there is need for additional capacity, and it is tied in with all the factors this applicant has presented. The pedestrian-oriented nature of the proposal is also addressed. Another applicant will not be likely able to present the same factors. Stock suggested the best place to make a list of concerns and questionslLittle Annie is in the contract that will be brought to Council for site specific, ii SkiArea Ron Garfield, attorney for applicant, told Council when they come to site specific, all site impacts have to be addressed in the study - employee pass, transportation, housing. The step is only to identify a need for additional skiing in Aspen area. Garfield stated in this joint process, common notions of reliance at this point in time, do not exist. The appropriate time to develop a list of concerns is at the site specific stage. This approval here does not get the applicant to site specific. Councilman Wishart moved to read Resolution #17, Series of 1978, seconded by Councilman Parry. Councilman Van Ness said he was apprehensive of making the statement that there is a need for additional skking in:the area. Councilman Van Ness said he felt there is a need for another ski area in town because most of the people cannot afford to ski at the existing area. This is a limited need. Councilman Van Ness said he would like Council's state- ment to say there is a need for more employee skiing. Dave Farney, the applicant, told Council it takes a number of years to build a ski area, and the GMP calls for a build out of a certain number. There will be growth, and there will be a need for an additional ski area. Councilman Isaac said the Council has not discussed the entire application recently at all. Councilmembers Wishart and Parry said they have been discussing the proposal for over two years. Council is only agreeing on the concept at this point. Stock suggested amending the resolution to read "The Council hereby agrees that there may~ be need for additional ski capacity in the Aspen area to provide a skiing experience for local residents and that the Little Annie Ski Area may be an appropriate site for the development." Councilman Wishart moved his motion to amend the resolution as stated by the City Attorney; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~17 (Series of 1978) WHEREAS, on October 11, 1977, the City of Aspen did agree to enter into the Colorado Joint Review Process with respect to the proposed Little Annie Ski Area; WHEREAS, the proposed ski area is to be located near Richmond Hill, south of the summit of Aspen Mountain, and will have a Phase I capacity of 4,500 skiers per day; WHEREAS, as part of the initial evaluation, studies have been prepared concerning the environmental, economic, and socio-economic affects of the proposed ski area; WHEREAS, the studies show that the proposed ski area will be pedestrian oriented without real estate development except a base lift facility, mountain facilities and employee housing, will provide in excess of 1,200 employee season passes, and will help to relieve transportation difficulties by reducing the mountain/bed imbalance in the area; and~ WHEREAS, the studies have also indicated potential adverse impacts which should be further studied NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ;., .... . Section 1 That the City of Aspen, Colorado, hereby agrees that there may be need for additional ski capacity in the Aspen area to provide a skiing experience for local residents and that the Little Annie Ski area may be an appropriate site for the development. Section 2 Subject to the consent of the other agencies involved and complianCe with the preceding steps in the Joint Review Process, the City of Aspen shall enter into a site-specific agreement to provide for additional studies of the Little Annie Ski Area, including the draft environmental impact statement, to determine whether final approval shall be given was read by the city clerk Farney told Council Phase I has two parts, 3900 skier capacity the first year, with another lift the second year to bring it to 4500. Ms. Smith said the on-site/off-site impacts have been looked at in this review. The City of Aspen entered into the joint review process with the State, U. S. Forest Service, and Pitkin County, and specified the question to be asked. These questions were, is there a need for more skiing;, an acceptable transportation development; employee housing; impacts on wildlife. Councilman Parry moved to adopt Resolution #17, Series of 1978; seconded by Councilman Wishart. Roll call vote; Councilmembers Isaac, aye; Johnston, nay; Parry, aye; Van Ness, aye; Wishart, aye; Behrendt, aye. Motion carried. Councilman Isaac moved to adjourn at 10:10 p.m.;seconded by Councilman Van Ness. All in favor, motion carried. 'Kathryn ~.'Koch, City Clerk