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HomeMy WebLinkAboutminutes.council.19780313 Aspen city Council February 27, 1978 Councilman wishart moved to read Ordinance ~5, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE %5 (Series of 1978) AN ORDINANCE APPROVING THE TE~S AND CONDITIONS OF A LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND ELDER, QUINN & MCGILL, INC., was read by the deputy city clerk. Councilman wishart moved to approve Ordinance #5, Series of 1978, on first reading; seconded by Ccuncilman Isaac. All in favor, motion carried. Councilman Parry moved to adjourn at 6:35 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Ellen Atkins, Deputy City Clerk Regular Meeting Aspen city Council March 13, 1978 Commissioner Child called the meeting to order at 4:10 p.m. with Councilmembers Behrendt, Isaac, Johnston, Parry, Wishart, Van Ness, Mayor Standley and Commissioners Edwards and Kinsley present. Also present were County Attorney Stuller and Managers Ochs and Mahoney. 1. Grassroots Grant~ Candi Harper told the Boards that Grassroots had submitted a Grassroots proposal to Colorado Humanities Program for funds to do a show on water, the policies, Grant how it is made, how it ~s inter-related with other areas. Ms. Harper explained that Grass- roots had gotten a grant to do the show, Aspen Two Views, last year. In order for Grass- roots to get money, they have to have matching funds. In the grant proposal they have put together $13,000 worth of in-kind services, but they still need uo raise some cash locally. Councilwoman Johnston asked if there would be biases from the pre-examination. Ms. Harper said they would use interviews only, with narrative in the segues. Grassroots will present opposing points of view from the interviews. This will be made as objective as possible. Commissioner Kinsley moved that the City and County split $2500 to support the Colorado Water Crisis Program; seconded by Councilman Wishart. Councilman Wishart said he had discussed this with Finance Director Butterbaugh and the money can come from the water fund. Ms. Harper told the Boards this will be shown on public television, Channel 6 in Denver and 8 in Pueblo. All in favor, motion carried. Councilman wishart moved to appropriate the $1250 from supplemental water fund excesses; seconded by Councilman Behrendt. All in favor, motion carried. Ms. Harper said they would know by April 17 whether or not the grant has been approved. Ms. Harper said she would like a letter from the City and County that they have approved the joint appropriation. 2. Water Conservation. County ~{anager George Ochs told the Boards that Greg Franta has been developing energy saving amendments to the building code. Franta had come to the County with some proposed amendments regarding conservation of waser. Ochs had forwarded Water these to Bill Lorah, Wright Water Engineers, for examination. Lorah has a full compendium Conservation of water regulations, and he can complete ~a report for S500-700. Ochs said that Lorah had been unable to astend and could have discussed the proposed amendments in detail. Ochs said he was reluctant ~o ask the Boards to go ahead until Lorah had had a chance to explain exactly what he intends to do with this study. Commiss- ioner Edwards said initially what was proposed was the County install certain types of control on shower heads, toilet flushers, and faucets. This would wind up conserving a lot of water. This would also help Aspen Metro, who is having a problem with too much sewage. Councilman Behrendt questioned spending money on a study. Commissioner Edwards pointed out that someone has to draft the amendments. Mayor Standley said the water department pointed out that the City does not have average utilization problems but has peak load problems. That is why the City. has a metering program. From the City's point of v~ew, they have to use the water for water rights and to ge~ revenues. The problem of Aspen Metro is realistic. Commissioner Edwards moved to reschedule this to March 27 and ask Bill Lorah to be present and to get comments from Aspen Metro and the staff; seconded by Councilman Wishart~ Ail in favor, motion carried. COUNCIL MEETING MINUTES Councilman Parry moved to approve the m~nutes of February 27, 1978; seconded by Councilman Behrendt. All in favor, motion carried. Aspen City Council March 13, 1978 ACCOUNTS PAYABLE Councilman Wishart moved to table this as Council did not receive them in time for review; seconded by Councilwoman Johnston. All in favor, motion carried. COUNCILMEMBER COMMENTS Council table 1. Councilman Parry said he would like funds for a table for the Council Chambers. Mayor Standley pointed out that Council has three tables; one of which is his personally. Mayor Standley would like that table found and placed in the Chambers. 2. Councilman Parry said he would be interested in going for historic designation of the old power plant under the Castle Creek bridge the same time they go for historic designa- Historic tion of the Holy Cross building. The City Shop is in the flood plain and if it had Designation/ historic designation, it would be eligible for federal funds if it were damaged. Council- City Shop man Wishart said he thought it was a good idea. Councilman Behrendt asked how restrictive it would be if a building were on the Federal Register. Mayor Standley said John Stanford and the HPC could answer these questions at a public hearing. 3. Councilman Behrendt said that after the last major snow storm he had received many phone calls complaining that the snow plows had buried cars. Mayor Standley stated that Street plowing you either get the road plowed and your driveway plowed in, or no plow at all. Mayor Standley pointed out the City has a policy to plow out driveway for the elderly or handi- capped. City Manager Mahoney said there were over 60 people on this route. 4. Councilman Behrendt reminded Council that when they approved the special event permit Snowshow for Snowshow, Council requested they give a final financial breakdown. Councilman Behrendt said he would like this pursued for the next meeting. 5. Councilwoman Johnston said she was concerned about whether or not the City is doing anything about the ordinance for swimming pool covers and changing the type of covering. Swimming pool With two fatal accidents this year, it is more than should occur. Tom Dunlop told covers Council that the state swimming pool laws were in exitence long before the City's ordinance. The state laws require a type of cover with which you can see a black disk a~ the bottom of the pool. Dunlop said he had been in contact with suppliers in Denver and asked them to provide a demonstration of different types of pool covers. The state will not come here and provide a demonstration. Councilman Behr~ndt said his pool cover provided enough breathing space under it. Council- man Wishart pointed out the problem ls not compliance with ~he law but more with people swimming at night loaded on alcohol. Dunlop said he was investigating alternative types of pool covers. 6. Councilman Wishart pointed out that the old house on the property the City purchased for the electric switching station is going to be torn down. Mahoney said that the P & Z insisted that it be torn down or moved. Councilman Wishart stated that'it is a concrete Electric bl~ck house on a poor foundation and cannot be moved easily. Councilwoman Johnston said Switching the City should have some responsibility in finding them a place to live. Mahoney said Station/house the building itself won't conflict with the switching station, it would require going back to P & Z to change this. Mayor Standley said the City cannot change the deed restriction. 7. Mayor Standley pointed out this lot for the electric switching station is R-15 and zoned for single family and there is a deed restriction. Mayor Standley stated that $119,000 is a total rip off and ~s a bad allocation of City funds. The appraisal came Electric in at S100,000, and the land is really worth around $80,000. Mayor Standley suggested Switching the City not approve the contract, find ou~ legally if the City can get out of it, or Station go into condemnation proceedings. Councilwoman Johnston said sh~'~f~lt that condemnation was a good alternative. City Manager Mahoney said he did suggest condemnation. The staff did bargain for the price. Mahoney pointed out in condemning, one has to have the feeling that they can get a professional to say the land is only worth $80,000. Mayor Standley said the Courts will not come in with more than the asking price. Mahoney told Council he had had the direction prior to this to purchase for $119,500. Mayor Standley argued that the land is deed restricted and did not appraise at that value. Councilman Wishart moved to put this on the agenda; seconded by Councilman Isaac. All ~n favor, motion carried. Mayor Standley reiterated that the City should not be paying more than the appraised value. The City should condemn it if the seller won't come down in price. City Attorney Nuttall told Council she had re-negotiated the price down $2500 for the v~tue in getting the covenants removed. The value of the lot will have three or four different opinions. Mahoney pointed out the asking price across the street was $160,0Q0 for a smaller parcel. Councilman Isaac questioned the need for a parcel that large; the City needs a switching station, not a garage. Mayor Standley suggested discussing with the post office getting a piece of their property. Mahoney pointed out he had discussed with Trueman buying a piece of the panhandle; it was a horrendous price as it is zoned commercial. Councilman Behrendt said there are some arguements for paying this price; one is the urgency of the overall problem of handling the electric line. Mahoney said the City is doing the engineering already and Holy Cross is bringing the line in. The switching station has to be in that location. Ms. Nuttall stated there were some procedural problems because this has already been a~proved by Council. The only thing that has come up is the existence of the covenants. Ms. Nuttall told Council she had drafted some very acceptable covenants. If those do not go through, then the City will have a different situation. Mayor Standley said another option is to underground the switching station on some post office land. Mayor Standl~y also suggested working with Mrs. Paepcke for some other land in the same area. Ms. Nuttall pointed out ~he City has a Specific Performance Agreement that has already been signed, and the City cannot break it. Councilwoman Johnston left the Council Chambers. Regular Meeting Aspen City councl± march ii, ~ CITIZEN PARTICIPATION There were no comments. SUBDIVISION EXEMPTION - C. M. Clark Ms. Smith, planning office, told Council this is an application for subdivision exemption ~ and exemption from PUD. The subdivision exemption will separate lots 1, 2, 3, and parts Subdivision of 7 and 8 from lots 4, 5, 6, and parts of 7 and 8. This is located on the right hand Exeaption/ side of the Highway 82 going east out of town. There is also a request to condominiumize C. M. Clark each duplex on parcel A and B. When this was first brought to engineering, they had a number of concerns. Engineering asked the applicant to prepare maps, and this has resolved most of the concerns. The engineering department asked that the road and utility easements be shown, and the dedi- cation language on the plat showing Council acceptance be added. There has been some information submitted in terms of housing impact; this has been referred to Mark Danielson, housing director, for review in terms of low and moderate income housing. MS. Smith told Council the P & Z recommended favorable and additionally found the condominiumization met the provisions of Ordinance #53, 1977. P & Z did condition this upon six month minimum lease restriction and 90 day first right of refusal. Mark Danielson told Council that one unit has not been utilized as housing for four years and he agrees that it should not be considered part of the PMH market. The rear parcel A is low and moderate income housing, and the option shows that it will be retained for a reasonable length of time. The front part of parcel A is currently being rented for $750 per month; there are four bedrooms and four separate individuals renting it at $187 each. This rent is low income housing. However, a family paying S750 per month is above the guidelines that have been made up for the middle income bracket. Danielson said the City has to take into account the number of dependents in a family and wage earners and how much each person in the family pays per unit. John La Salle, representing C. M. Clark, told Council that Clark contracted prior'to August 15, and the application for this exemption occurred on November 29. Ordinance #53 was not passed and effective until December 12. La Salle said his client had been cooperating voluntarily with this ordinance. La Salle said he did not think it was appropriate to put guidelines on someone who got involved before the ordinance was adopted. Ms. Smith recommended approval with six month lease restriction, 90 day right of first refusal, the utilities be located on the plat and that the plat show a new title heading including the City's acceptance. Councilman Behrendt moved to approve the subdivision exemption as outlined by Ms. Smith; seconded by Councilman Parry. All in favor, with the exception of Councilman Wishart. ~-~ Motion carried. Councilman Isaac stated the Council ought to agree to set up guidelines for low and moderate income housing when not discussing an application. Councilman Parry moved to exempt this from the full PUD procedures because the purposes of PUD have been met; seconded by Councilman Van Ness. All in favor, with the exception of Councilman Wishart. Motion carried. Councilman Behrendt moved to send good luck to the Bantams, a junior hockey teaming playing in the finals in Denver; seconded by Councilman Wishart. All in favor, motion carried. WESTERN SLOPE COMMUNICATIONS Herman Edel, representing this group with David Sontag, Mike Strang, and Mike Conviser, told Council the purpose is to try and secure a television station out of Glenwoed Western Slope to cover Eagle, Pitkin and Garfield counties. This is a long process and they have been Communications/ working on it for 2% years. Edel said they are proceeding to the FCC with a petition, request for Sontag told Council this has no connection with Twentieth Century Fox. Sontag said the support FCC said that broadcasting is in the public interest. It is very difficult to get new allocations for television in the U.S. Sontag said they are asking Council for a resolution to recommend to the FCC, saying essentially that the Council feels a television station for the three-county area would be in the public interest. This resolution does not recommend WSC. Sontag said this will be a commercial station and will have an active programming concept. Councilman Behrendt moved to direct City Attorney Nuttall to draft a resolution asking for an allocation for the tri-c0unty area for a television channel, and to be read a~ the next meeting; seconded by Councilman Parry. Councilman Wishart pointed out that some of the things mentioned in Sontag's proposal are already covered by the advertising cards, ehannels 11 and 13, and Grassroots. Councilman Wishart stated that Grassroots is in the process of moving to Carbondale and possibly Basalt. What WSC is promising is networks plus better coverage of local news. Councilman Wishart said he would rather see it done through PBS than commercially. Edel said that the station they are talking about will reach areas that are not covered by cable right now. Sontag said he felt this would give Grassroots another access. WSC plans to broadcast over the air, which does not require a cable. WSC will be doing local programming, and will make available time on their station to people like Grass- ~ roots. Ms. Harper asked how many hours they would devote to local programming and how many commercial. Sontag said there are certain guidelines required by the FCC. Edel pointed out there is no advantage to his station to be showing the same program as another station at the same time. Regular Meeting Aspen City Council March 13, 1978 Mayor Standley asked if Sontag had interviewed any business people in the community that are presently sponsors of Grassroots and asked if they would stay with Grassroots or switch to the new channel. Sontag said no, the questions asked were about the long and short range problems, their needs, and their special interests. Councilman Van Ness said he felt about voting no because that gets close to censorship. Councilman Van Ness ~neasy said he was personally in favor of as many outlets as the City could'get. All in.favor, with the exception of Councilman Wishart. Motion carried. TWENTIETH CENTURY FOX/SWAN SONG David Sontag, vice-presiden5 of Twentieth Century Fox - head of t~tevision, told Council they do not plan a great number of movies in Aspen. They do not plan to do a series of Twentieth this community. Swan Song was created for David Soul; Soul wask asked ~o find a studio Century Fox/ and Twentieth Century and ABC are doing the movie. The script is about downhill skiers Swan Song and does not deal with drugs. The story is about a man who backs out of a race then two reo~est to years later makes a comeback. film Sontag said they plan to start shooting, if Council approves, on April 11 and will be here for approximately 22 days. Sontag said they planned on using some City streets but will not block them off. There is one night scene, which is written for the Hyman Stre~ Mall. Twentieth Century will contact all residents for permission to use light, s. Councilman Behrendt moved to approve ~hese requests suD~ect to the fact that the City has no out-of-pocket expenses and the City will be reimbursed for in-kind expenses; also that anything that occurs here be run through the City Attorney's office; seconded by Councilman Wishart. All in favor, motion carried. EMPLOYEE HOUSING/WATER PLANT Planner Bill Kane told Council they planned to have a detailed presentation from Mark Danielson on entrance qualification and staging programs for water plant housing. This was discussed at staff meeting. Under the growth management plan, ~he reasonable forecast will be 124 units in the immediate Aspen environment. Out of the top three projects, En~loyee there will be 31 permanent employee units. The Lone Pine project has 34 employee units. Housing/w~ter At this time, it seems questionable to pursue the idea of having the City get involved plant in employee housing. Kane said they preferred Council to wait for the review of projects through the GMP and then see. The assessment of the planning office is that they are getting employee units through the growth management plan. Mayor Standley stated he has been the longest advocate on Council for this. The growth management applications represent an opportunity to find out if low and moderate housing will work without any risk to the City. If there is a market segment not being met, it will gave the City a chance to come in and fill that segment. This will also give the Council a chance to look at the supply and demand and the product that is being offered. Kane told Council that tomorrow night the P & Z will review seven applications totally 99 units; the total quota ~s 54. The planning office has made recommendations on socring. The P & Z as responsible for scoring. The P & Z will then ask Council to adopt by resolution their approved projects. The GMP also provides for appeals to Council. Councilman Behrendt moved to table this housing project at the water plant subject to review at a later date to see what the present ordinances are doing and how this affects the housing; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Johnston returned to Council Chambers. PERFORMING ARTS CENTER/PARKING LOT - Rio Grande Property Mayor Standley reminded Council as a result of a study session, it was recommended to go with penaprlme at $10,000 for the parking lot, as well as do the playing field work. Rio Grande Council had requested Ms. Butterbaugh to try to find funds to accomplish these things property/ projects. Ms. Butterbaugh told Council that ~he new sales tax figures do not look as playing field good as were expected. Councilman Wishart said that a lot of money has been put into the Wheeler Opera House. To do anything reasonable, the City will have to buy out the lots next door and will end up building something on the side of the Wheeler, which may destroy the building as historic. This will destroy the integrity of the building and give the City a second class performing perf°nning arts~' arts center. Councilman Wishart said the Council should look at a complete performing center arts center and combine it with a parking structure. Kane said they had examined the Wheeler an terms of physical improvements to make it a safe structure for electricity, plumbing, exitS, and came up with $425,000. The total improvement program would be one million dollars with all the safety improvements included. This cost is versus 4 to 5 million dollar investment for a performing arts center on the Rio Grande. Mayor Standley said the consensus was to go ahead'with the WheeLer. Councilman Van Ness said there was no consensus to go ahead with the Wheeler; the consensus was not to go ahead with the performing arts center. Councilman Van Ness stated he is not convinced that the Wheeler is the answer to what ~s needed. Council discussed improvements for the playing field at the Rio Grande and improvements to the parking. Jim Holland, parks department, had presented a list of options and their costs. Mayor Standley said the City will be down a playing field because of the golf course remodel, and the playing field at the Rio Grande needs to be fixed. $20,000 was appropriated for the field, $10,000 was used; the rest was put in as surplus and then evaporated. The question is the minimum level c~ invest to make the property playable this year. Holland stated the minimu~ cost would be to sod it and manually drag around water pipes. Regular Meeting Aspen City Council March 13, 1978 Finance Director Butterbaugh told Council they had budgeted $120,000 for parks and play- ground improvements. This was not one of them. Council had budgeted conservatively, and stated if the revenues came in, they would go for the playing field. Mayor Sta~dley said he felt the City had to try to put together a playing field at the minimum cost level. Mayor Standley said the Council has to start to realize they have ~ start makingii some financial decisions that are not the ones they want. Councilwoman J~hnston pointed out they could cut out sodding around the edges, and later on use the sod from the golf course. This would total $15,000 for the playing field. Holland pointed out that if they don't put the underground watering system in at the beginning, it is a bear to come back later and put it in. Councilman Parry pointed out it will cost more in the end to water this field manually. Councilwoman Johnston moved that the City go for option 2-1, eliminating the sodding of the outer areas for $15,000; seconded by Councilman Wishart. Councilman Isaac suggested waiting until another month's tax revenues come in to see where the City is, and discussing this field again. Mayor Standley said just because the City may pick up a few extra dollars, the City is not in that good shape financially.I ~Mayor Standley, Councilmembers Wishart and Johnston in favor; Councilmembers Behrendt, Isaac, Parry, and Van Ness opposed. Motion NOT carried. Councilman Van Ness moved to table this; seconded by Councilman Isaac. All in favor, motion carried. City Manager Mahoney told Council it was the recommendation of the planning office that the City penaprime the parking lot. Ms. Butterbaugh said the City has some uncommitted funds in the 7th penny, around $9,000. The request is for $10,000 to seal and chip. Rio Grande/ Kane told Council that the Rio Grande was to be an alternative for off street parking parking for the central core. For three years, nothing has been apprOved for the parking lot. Kane said the parking lot should be formalized so that people can park in an orderly fashion. Kane stated it would be difficult to advance arguments for mall expansion if n'othing is done about the parking lot. Mayor Standley said as a part of the mall expansion, the plan could include dealing with the parking lot and financing it. Councilwoman Johnston said this may be the place to hold out and do nothing until the CitY can see exactly what is going to happen with the Trueman property. Maybe the City will need the whole area for parking, or they may find the Trueman Property will take care of most of the parking. Councilman Parry stated the City has to do something about the parking lot. Councilman Wishart suggested a compromise to make it more viable, like a path, lighting, etc. Councilman Behrendt moved for the Rio Grande property development program to give $5,000 to signing, light posts, lighting, paths, and table the discussion on paving to see where the income is and have then an entire development of the Rio Grande; this money to come out of the seventh penny~ seconded by Councilman Wishart. All in favor, motion carried. HISTORIC DESIGNATION/HOLY CROSS BUILDING Councilman Behrendt moved to have the staff investigate historic designation .for the Historic Holy Cross building; seconded by Councilman wishart. Designation/ Councilman Isaac told Council that the Vis~kl ArtS Board is afraid of what that will mean Holy Cross to their project. Councilman Isaac requested that John Stanford discuss the ramifications of having the building listed on the national register. The Visual Arts Board needs' reassuring of their relationship with the City. All in favor, motion carried. CONCEPTUAL SUBDIVISION - Manor House Ms. Smith told Council this is an application for condominiumi%ation of the Manor House, a nine unit structure located on Ute Avenue basically across fro~ Glory Hole park. ~ Conceputal This consists of 6 two-bedroom, 1 three-bedroom, 1 one-bedroom and o~e studio. This Subdivision/ application is going through full subdivision process at the request of the engineering Manor House department. The concerns of the engineering department are, (1) location of road and utility easement on the plat along with language clarifying those, (2) provision of adequate parking on the site, to be in compliance with zoning they need 17 spaces, and (3) addresS the question of housing impact. This structure is located in the L-l, lodge, zone district, which discourages long term housing. On the other hand, Ordinance #53, 1977, takes a look at every condominiumization to see if it will reduce the supply of low and moderate income housing. Mark Danielson has considered the history of the building as far as low and moderate income housing are concerned. Danielson told Council the problem here is which comes first, PMH or zoning. The units have been and are currently renting to employees at the $4-500 per month lease bracket, so realistically it is serving as PMH use. Danielson pointed out that should · this application go through, the co~dominiumization of these %knits will preclude them from ~ny future PMH use; they will probably sell for $120-140,~00 per units. Marty Kahn~ reiterated these units were in the lodge zone and have been rented short term. Kahn said his client would be willing to have the studio unit be employee housing. They had hoped to build another studio ~nit but could nOt because of the FAR. Danielson ,noted to Council that if the L-1 zone takes preference, at least one unit will be employee housing. Kahn said they hoped that the unit will be used by the person running these units. ~egu~er Meeting A~pen City Council March 13, 1978 Kahn told Council he felt his client was being reasonable in agreeing to one employee unit~ Kahn said that the off-street parking regulations went into effect after this was an existing building. Kahn said they will try to extend the parking by having some spaces for "compact cars". Councilman Wishart said if the Council gives them condo- minium approval, the City will end up with one employee unit. If Council does not approve, they can remodel and 8bert term the un±ts. Councilman Isaac moved to grant conceptual approval w±th the follow±rig conditions; (1) easements be clar±f±ed on the plat, (2) maximum parking De prov'}ded, (3) adhere to sale procedures for stud±o un±t as employee housing, and (4) 90 day rJ.~'ht of first refusal; seconded by Counc±lman Parry. Kahn told Counc£1 the7 would have a surveyor plot the area so they could ha-re as many park±rig spaces as pose'[hie. Ms. Nuttall pointed out that under the ordinance as it ±s written, if one was ±n compliance when a bu±lding was buJ-lt, they do not have to add additional parking spaces unless they add to the building. Mayor Standley stated this has always been a housing place. Per the Council to turn around and help expedite- the process of condominiumizing is totally irresponsible. One 400 square foot unit is no addition to the employee housing. Mayor Standley said the Council ought to be saying to the applicant that they bought a lodge, now run a lodge. This is another example of Council making it easy for people to take away housing that exists and allow profiteering in this community. All in favor, with the exception of Councilwoman Johnston and Mayor Standley. Motion carried. SUBDIVISION EXEMPTION AND PUD AMENDMENT This was taken off the agenda at the request of the applicant. ORDINANCE #3, SERIES OF 1978 - Exemption from allotment procedures/single family unit Mayor Standley opened the public hearing. Planner Kane told Council this public hearing is to consider two ordinances that are inter-related. Kane reviewed what activities Ord. 3, 1978 represent subdivision in the City of Aspen; (1) tract of land divided into more parcels, Exemption frc~ (2) the construction of condominiums, apartments, or multi-family dwellings. Ordinance allotment ~4 requires that a growth management allotment be granted prlor to application for any procedures/ of the above. Ordinance #3 creates an exemption for one specific and particular 5ype single family of subdivision activity; the creation of a second lot from an existing, ~mproved parcel. This creates an exemption for a single family residence where there is an existing dwelling on that tract. Councilwoman Johnston asked if the whole purpose was to accommodate hardships, cases of divorce or estate taxes. Kane answered yes. Councilwoman Johnston said she felt it was important that these units be counted in the quota. Kane said they would be counted but would not have to compete for points. Councilwoman Johnston said she hated to soften up on the GMP this early in that game. Councilman Behrendt said he did not feel that granting this exception would change things very substantially. Kane explained to Council that to compete for one unit with other larger~projects is virtually impossible. Kane also pointed out that people in the wes~ end with these type of situations could build duplexes. Mayor Standley closed the public hearing on Ordinances 3 and 4. Councilman Isaac moved to read Ordinance #3, Series of 1978; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #3 (Series of 1978) AN ORDINANCE AMENDING ARTICLE X OF THE ASPEN ZONING OCDE BY THE ADDITION OF 24-10.2(d) WHICH EXEMPTS FROM THE ALLOTMENT PROCEDURES THE CONSTRUCTION OF ONE SINGLE FAMILY RESIDENCE ON A LOT SUBDIVIDED AFTER THE EFFECTIVE DATE OF ARTICLE X WHERE: (1) THE TRACT OF LAND WHICH WAS SUBDIVIDED HAD A PRE-EXISTING DWELLING, AND (2) NO MORE THAN TWO LOTS WERE CREATED BY THE SUBDIVISION was read by the city clerk Councilman Isaac moved to adopt Ordinance #3, Series of 1978, on second reading; seconded by Councilman Behrendt. Roll Call vote; Councilmembers Van Ness, aye; Wishart, nay; Johnston, nay; Parry, abstain; Isaac, aye; Behrendt, aye; Mayor Standley, nay. Motion NOT carried. ORDINANCE #4, SERIES OF 1978 - Amending Subdivision Regulations Ord. 4, 1978 Councilman Isaac moved to read Ordinance #4, Series of 1978; seconded by Councilwoman Johnston. All in favor, motion carried. Amending Subdivision re~atJ-ons ORDINANCE #4 (~eries of 1978) AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF ASPEN BY THE ADDITION OF A NEW SECTION 20-5 (b) WHICH PROHIBITS APPROVAL OF ANY SUBDIVISION REQUEST IN THE ABSENCE OF ISSUANCE OF A DEVELOPMENT ALLOTMENT PURSUANT TO ARTICLE X (GROWTH MANAGEMENT QUOTA SYSTEM) OF THE ASPEN ZONING CODE was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~4, Series of 1978, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrend[, aye; Isaac, aye; Johnston, aye; Parry, aye; wishart, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. Regular Meeting Aspen City Counczl ~arcn ±~, ~o ORDINANCE $5, SERIES OF 1978 Approval of bus leases Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 5, 1978 approval of Councilwoman Johnston moved to read Ordinance #5, Series of 1978; seconded by Councilman bus leases Isaac. All in favor, motion carried. ORDINANCE $5 (Series of 1978) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND ELDER, QUINN & McGILL, INC. was read by the city clerk Councilwoman Johnston moved to adopt Ordinance $5, Series of 1978, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Wishart, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE $6, SERIES OF 1978 Adopting Model Traffic Code City Attorney Nuttall told Council the City needed to adopu the Model Traffic Code uo continue to pursue traffic cases in municipal court. Ms. Nuttall said she had re-drafted Ord. 6, 1978 some parking regulations in accordance with the recommendations of the meter maid. ~opting Model Traffic Code Councilwoman Johnston moved to read Ordinance $6, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE $6 (Series of 1978) D~N ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY OF ASPEN, COLORADO; ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF was read by the city clerk Councilwoman Johnston moved to adopt Ordinance $6, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Van Ness, aye; Wishart, aye; Isaac, aye; Behrendt, aye; Mayor Standtey, aye. Motlon carried. Councilman Wishart moved to adjourn at 7:45 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. Hauter, City Clerk Regular Meeting Aspen City Council March 27, 1978 Mayor Standley called the joint meeting with the County Commissioners to order at 4:05 p.m. with Councilmembers Isaac, Johnston, Wishart, and Van Ness; Commissioners Child, Edwards, and Kinsley, City Manager Mahoney, County Manager Ochs, and County Attorney Stuller present. 1. Communications Agreement Amendment. This amendment is a result of a letter from CBI, and County Attorney Stuller submitted a memorandum explaining that the head of the Communications Center must be a sworn police officer. Ms. Stuller stated this amendment Conmmlnications to the joint communications agreement is to make sure this is a condition of employment. Agreement Councilwoman Johnston moved to approve the amendment to the joint agreemenu; seconded by Commissioners Edwards. Mayor Standley said that if a person were selected for this position, they would then be sworn be either the police department, sheriff or both. Ms. Stuller answered yes, they would be selected by the Communications Board. Ms. Stuller pointed out that the definition of a law enforcement officer is that they dedicate 50 per cent of their time to law enforcement. Neither the City nor County Manager qualify. All in favor, motion carried. 2. Water Conservation. Bill Lorah explained that his office had been contacted to see what they could contribute to water conservation. Lorah stated he had a lot of experience concerning water saving devices. Lorah said at this point his preconceived notions are Water these; if you are on a reservoir and you only have so many acre/feet, it zs very zmportant Conservation to save every drop. If you are on a flow-through system, like Pitkin County, it's not that big of a deal. If you are talking about water savzng devices like bricks in toilets, and if you stop irrigating one acre of grass, this ~ worth about half a million bricks. Councilman Behrendt came into Chambers. Lorah pointed out that retrofiting houses, etc., with water savzng devices isn't worth it. Economically it doesn't make it. For new buildings, there are certain advantages. Lorah said the proposal from the County was to take all the material he had and summarize the pros and cons so that the Boards can make a management decision. Commissioner Kinsley asked about sewage flow, decreasing the flows from showers and toilets to reduce the sewage. Lorah said if you reduce the amoun~ of flow, you are reducing the concentration also. Lorah stated if one can institute water saving measures and reduce the amount of water needed, it may put off for several years new plant expansion.