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HomeMy WebLinkAboutminutes.council.19770124 Kathry~4 S. Hauter, City clerk Regular Meeting Aspen City Council January 24, 1977 Mayor Standley called the joint meeting to order at 5:12 p.m. with Councilmembers Behrend' De Gregorio, Johnston, Parry, Pedersen, Commissioners Edwards, Child, Kinsley and City Manager Mahoney present. COMMUNITY FACILITY BOARD REPORT John Stanford, planning office, reported to the Boards that the CFB has passed two Community resolution regarding the Wheeler Opera Ho~use. One requested that the Council consider Facility a performing arts center for the designation of the Wheeler. A master plan will be Board developed for the Wheeler, which will include the two lots adjacent to the Wheeler. report The resolution states, that based on the needs analysis, not all needs will be m~t by the Wheeler. The CFB identified the fact that the Wheeler cannot accommodate physical s~aging for things like Ballet West. The CFB has not made any specific recommendation as to how the needs should be met. The second resolution deals with the interim use of the Wheeler, that priority be g~ven to existing cultural organizations as space becomes available. Stanford reported that Aspen has been included in the 1977 City Spirit .program. The National Endowment for the Arts will provide a facilitator to do short term consulting. The consulting will be done February 9 - 11 and will be providing guidance an an overall planning effort for the performing arts center. This is entirely funded by the National Endowment for ~he Arts. The facilitator would like to meet with elected officials of the City and County. Stanford said the CFB is looking at The HQly Cross building; the visual arts groups is going to make a presentation. Recreation Director Armstrong has been asked to present his ideas for the Holy Cross building. Stanford stated he had just recently contacted a local architect to do a conceptual presentation on how the'Wheeler could be developed into a performing arts center.~ TRANSPORTATION ALTERNATIVES UPDATE George Ochs submitted an information memorandum and reported that four alternatives are being considered; (1) auto-intensive, (2) bus in mixed traffic, (3) bus ways and (4) Transportation light rail. In light rail there will be low cost and high cost light rail; in bus way Update there will be low cost and high cost. There will be two different lievels of auto disincentive, strong and moderate. There will be cost and financing of each alternative. District versus no district will be covered. Ochs told the Boards there will be informative sessions the week of February 21st with the consultants giving suppor~ to each of the four alternatives. After that, 'Sandy Knaub and Ochs will prepare a small questionnaire for responses to what happened the week before. These questionnaires will be summarized and distributed. The Council and Commissioners will then be asked to come up with some conclusions. The alternative selected will be sent back to UMTA with a grant application supported by the findings of the committees. WEATHER MODIFICATION - CLOUD SEEDING Councilman Behrendt told the Boards that a licensed person has to do the cloud seeding; it takes six to e~ght weeks to get approval from the state. Tom Evans, Forest Service, told Councilman Behrendt that the City and County should go ahead and do this and he Weather would give any approvals required. Modification Larry Hj~m~ad, Western Weather Consultants, prepared a program for cloud seeding this area for the rest of the year. Hjermstad suggested that this program be done in two stages. Hjermstad told the Boards that the hearing for a permit will likely be suspended so that the program could be initiated as quickly as possible. Hjermstad proposed to get the silver iodine solution and the generators and equipment installed in 11 locations around the area. The State has expressed an interest in this program and would be willin¢ to share some of the costs. The first phase of the contract would be the permit hearing, liability insurance, and acquisition of the major supplies. February 15th would be about the earliest a program could get started. If the state gets involved in sharing the generators, this could lower the costs. The total contract for this year would be less than $40,000. ~Hjermstad said he would place generators upwind of the Aspen mountains, in Taylor Park, near Marble, in Eagle and in Carbondale. These would use silver iodine. Weather conditions that are favorable are selected; Hjermstad can get this weather information. Cloud seeding gives about 20 to 25 per cent increase in precipitation as far as snowpack. For the per cent of winter left, this could give 30 to 45 additional inches of snow. The generators burn propane and inject silver iodine solution into the flame. The acetyline burns and increases the temperature and vaporizes. There has to be clouds and moisture in the air; cloud seeding increases the efficiency of a storm system. Commissioner Kinsley asked ~he potential drawbacks of a weather modification program. Hjermstad answered that environmentally there are none. The program in the San Juan mountains could find no drawbacks. Councilman Behrendt pointed out that if the City and County started the program this year, even though it is late, it would be set up and read to go for next year. Hjermstad stated CSU will be doing a research program in the north-~ ern part of Colorado down to the Aspen area. They would be interested in combining their program with Aspen's. Hjermstad said there is some concern with avalanches, but there have been no objections environmentally. Commissioner Child asked about the farmers further down the valley, how their calfing would be affected. ~ Hjermstad answered the snow would not be intended for this area, and the area best affected is over 9,000 feet. Commissioner Kinsley pointed out this program implies more than a few thousand dollars. Ski Corporation and State participation ought to be pursued. The County and City should only spend a few thousand dollars on the program~ Councilman Behrendt said it was a gamble, but if it isn't done there is no snow, no skiing, no ranching and no water. Councilman Parry asked if the businesses in the community had been approached to parti- cipate in the program. Mayor Standley told Council that the short fall (unrealized gross revenues) is in the area of 34 million' dollars. There is no way this can be recovered for Pitkin County. Mayor Standley said the City should try and insure there is 100 per cent skiing in February and March. Mayor Standley stated that the FHA has money for drought relief in farm communities; the State should help. This program should not have to be borne by the public sector at the county and city level. The Boards asked Hjermstad for a break down of the expenses. Legal notices required roughly $400; legal expenses estimated at S1500. Mayor Standley pointed out that the County's in-house attorneys could be used. The permit is 2 per cent of the contract; liability insurance is $5500, it could be less if the season was shorter. The state requires one million dollars liability coverage. The silver iodine is about $700; the operation would need 6 or 7 barrels. The delivery time on silver iodine is two weeks. Travel expenses for Hjermstad to come here is about $1,000. If the program is shorter than February 15 through April 30, some costs would go down. The monthly charge for running the program once everything is set up is about $500. Mayor Standley stated the upset figure to get this program to the permit stage by February 15 would be no more than about $4,000, then the big expenses start. If the City and County joint fund the program to the $4,000 level, a~ the same time participation with the Federal government, FHA, and the Governor's office can be explored. The City and County will not have to commit any more money until then, and the program can get on a time frame. Commissioner Kinsley asked for some corroboration and research on weather modification programs. Mayor Standley suggested one councilmember and one commissioner work with Hjermstad to the decision time. Councilwoman Pedersen asked for a more complete break down on the cost figures an parts 1 and 2. Commissionsr Edwards stated that the Ski Corp ought to have an interest in participating as should the business community. These resources ought to be thoroughly investigated. Councilman Behrendt moved that there be a temporary budget of $4,000 split 50/50 City and County to investigate the possibility of cloud seeding or weather modification and to go towards obtaining the necessary permits with one councilperson and one commissioner sitting on a committee to bring this to a decision making point approximately two weeks from now, and to throw i~,~,~%~r~e~ Stuller's legal help; seconded by Counci~n Parry. The committee is to investigate the possibility on a cost plus bases and 'pursue other sources of funding. The commlttee wall be Commassloner Child and Councilman Behrend~. All in favor, motion carried. TRANSPORTATION Jim Furniss told the Boards he had a transportation committee that meets on a bi-monthly basas. There is a problem at Rubey Park at nights. There is no one there to tell people Transporta- about the buses. The idea of having a start up person there from 5 until midnight was tion discussed. This is to give out information and to control people. This would cost about $4,500 until the end of the season. Dwight Shellman stated that the Ski Corp had agreed to share their starters during the day. This job could be done by a CETA person. Mayor Standley stated there were additional CETA funds a~ailable, if that can be done fine. Mayor Standley said he was hard pressed to justify anything getting more manpower intensive now. Shellman answered they would try to do this within the presen~ budget. Shellman asked if the City could find a place for the dow~valley buses to stop in front of the Catholic Church to let people di'sembark. City Manager Mahoney was asked to look into this. COUNCIL MEETING MINUTES Councilwoman Pedersen moved ~o approve the minutes of the January 10, 1977, Council meetin seconded by Couhcilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. Gaard Moses, Trolley Committee, stated the committee was interested in bringing a trolley system to town. The Committee has found trolleys in Lisbon. These will be funded Trolley by the private sector. The Committee is going to get a bank loan to bring the trolley to Cars Aspen and to recondition it. They would like to put the trolley 'in the mall on Galena street north of Cooper. This could be used as an information bo~the, communications center, or for nothing at all. The bottom line ls that the Committee would like to create an interest in the trolleys. Councilman Parry stated the ultimate goal is to get public acceptance for this, and to run a trolley system from Rubey Park to the Rio Grande or to the Trueman property. 2. Peter Van Domelin, representing Maurice Beriro, reminded Council that at the last meeting they had adopted a resolution adopting administrative delay pending enactment of the Growth Management Plan. At that time, the planning office submitted a list of projects C/L zone Hotel that would be allowed to continue and projects that would not. The philosophy of these project exemptions was basically a question of equity and fairness. To implement this philosophy, the planning office suggested a rule whereby projects that had received some form of preliminary approval be allowed to continue. Van Domelin pointed out that this rule in certain instances fails to carry out the philosophy, particularly where no approval for the project is required by any boards. Van Domelin stated that a property owner, an that instance, could proceed and spend a fair amount of money in reliance on existing factors. Beriro has two projects in the planning process. One of these is a commercial hotel on C/L property right across from Rubey Park; this is the last parcel of C/L property not fully developed to its capacity. This project requires no specific ~approval by any of the City's agencies. Van D0melin requested Council to reconsider that particular project as far as exemption from the administrative delay policy. Van Domelin stated he would like the opportunity to appear before Council and show that an excess of $30,000 has been spent on this project on the reliance of existing factors. Van Domelin would liko the opportunity to ask Council to consider the best interests of the City of passing this project, not only for the impact on growth but for the necessit of having another public social cen~er in Aspen and the economic considerations at this time. The project will be ready to go this spring. Van Domelin presented an architect- ural renderinc of the project. Mayor Standley answered that this could not be put on the agenda tonight because Council had made a rule not to add items to the agenda that are substanitive in nature due to attendance and also pre-planning. Mayor Standley stated that the Council had committed itself to minimizing tourist accomm( dations, and for that reason the project is inappropriate for consideration. This particular area has had ~iew planes shot over it. Mayor Standley said that Council's role is that fairness is not to the developer but to the citizens. Mayor Standley point~ out that Ordinance ~19, Series of 1973, gave the Council a workable solution to a seriou~ problem. Under Ordinance ~50, Series of 1974, the Council capitulated and approved several large buildings based on the votes and the fact that some Councilmembers felt the projects had been lead too far down the road ~o be stopped. Mayor Standley stated that the fact this particular project doesn't require any specific approvals is one of the mos~ important reasons for administrative delay. This gives the City a way of dealing with projects that have a substantially negative benefit to the community. Mayor Standley stated he would be strongly opposed to any exemptions. Mayor Standley placed this project for consideration on the February 14th agenda. 3. Bill Clark, owner of two vacant lots on the northwest corner of Hunter and Hyman streets, asked Council to review the modify the administrative delay to correct a situa- tion not anticipated. Clark told Council they were designing a building that would GMP - eventually be the Pitkin County banK. Clark stated that in the historic distr~ct there administrative are certain criteria that have to be followed with the HPC. These criteria conflict delay with the criteria in the growth management plan. In order to comply with the criteria to apply for development allocation under the proposed growth management pla~, the project has to have HPC approval first. Under administrative delay, the HPC cannot entel tain the application because of growth management plan. Clark asked Council to consider modifying administrative delay to allow the project to take the next step forward. Planner Kane reminded Council that the criteria for which projects should proceed was not drawn entirely on equity but were drawn on different zoning district. The basic philosophy of the administrative delay was to delay, temporarily, those projects that would be ultimately regulated by the growth management plan. With respect to the hotel project, there was never a consideration as to how far the project had gotten. Kane pointed out that the language of the Council motion specifically says that any planning activity shall be held in abeyance until there is a clear plan adopted~ The thinking wa~ that to allow projects to proceed with the planning process would not be equitable. This would create a bias of one project over another when the quota system is set up. Kane told Council there have been four work sessions with the planning commission. They have identified a three part planning effort for the City. Phasing and planning for touris~ accommodations; office and commercial construction, and third for more permanent residential construction. The major problem will be the regulation of commercial space, criteria to evaluate one building over another, how much space should be allocated. Councilwoman Pedersen reiterated that the intent of the Council regarding administrative delay was to prevent hundreds of pro3ects rushing in. The Council is working as quickly as possible on the growth management plan. The motion that activated this requested that the P & Z report back by-January 30. The growth management plan as it exists now is a draft and has not been adopted, but is being worked on. COUNCILME~BER COMMENTS 1. Councilwoman Johnston said she was disappointed that the air quality ordinance was not on the agenda. Tom Dunlop stated that the Commissioners felt some degree of dis- comfort with the ordinance. County Attorney Stuller told Council that the County would redraft the ordlnanee so that the City could adopt it. 2. George Parry stated that the planter in the street at Blseker and Monarch was not what it should. Councilman Parry pointed out that people had to go one or two blocks out of their way~ and asked if the planter could be moved one block west. Mayor Standle' West End stated this was part of the traffic plan worked out with the West End Association. The Traffic Plan agreement was to leave the planter there until spring and then evaluate it. 3. Mayor Standley asked all the Councilmembers to turn in their five choices for City Attorney be the end of the week. 4. Mayor Standley reported on the EDA drought grant meeting. The regional EDA man will go through the ideas, concerns, and problems occurring ~n ski towns with a federal EDA man. Mayor Standley said the City should know soon whether EDA will entertain a grant. 5. Mayor Standley brought up the Growth Management Plan as it related to the CC and C-1 GMP in relation districts. If %he City does not intend to modify the FAR in CC or C-l, it seems that to ~C~& C-1 ,-~ .~ taking a bad snow season and the unemployment and following that with a ~ough constructi¢ year, this may cause unemployment until at least next November. Mayor Standley said he was afraid that this might start displacing some of the permanent employees. Mayor Standley suggested the Council consider exempting the CC and C-1 from the growth manage- ment plan. What will occur in those areas will be build out possible at the rat.e the private sector dictates. Councilwoman Johnston said she had problems taking this out of the process with the P &Z Kane said that P & Z has a clear mandate from Council to deal with the growth management plan in three weeks. The P & Z has already gone through the criteria. Councilwoman Johnston told Council she had attended the policy committee meeting of the ~Colorado Municipal League and it appears that the state is no longer giving detailed sales tax revenue reports to local communities. All the state will report is how much they collected in sales tax. Councilwoman Johnston said there was a bill that will require the state to report ~o local communities, or the City has the option of collectin~ their own sales tax. Mayor Standley stated the Governor has requested that local communi ties get the full SIC reports~ The state has moved the reports up three weeks. SKI CORPORATION SNOWMAKING Mayor Standley reminded Council that the Ski Corp had approached the City and asked if Snowmaking the City would be interested in a water delivery contract so they could look into the Ski Corp feasibility of snowmaking. H. J. Stalf had submitted a~memorandum outlining the technica aspects of snowmaking. Tom Richardson, Vice-president of the Ski Corp, told Council the Ski Corp had hired a snowmaking consultant for feasibility studies for Aspen Mountain and Buttermilk. An airless system would have to be used on Aspen Mountain because of the noise. An airless system is not as efficient as an air and water system. The Ski Corp is looking into an airless and air/water system both. Richardson said they would like to have the capabilit to have Buttermilk open by Thanksgiving because it is the area that can accommodate the greatest number of skiers. Richardson pointed out that another advantage of the air/ water system is that it can operate at 30°. The airless system isn't really effective unless the temperature is 26° or less. Mayor Standley asked (1) what is minimum cost the City can delivery water to the Ski Corp, (2) What has been the economic loss due to not having ski capacity, and (3) What is the City's water system capacity and what season does peaking occur. The Ski Corp needs 15 years to amortize this equipment; would this cause the City to have to increase plant capacity. The~memorandum pointed out that the answer is no, the City's system driver is the summer. Mayor Standley pointed out that supplying water west of Maroon Creek would cause a problem, the only line going out there is an 8 inch line. Richardson told Council that the Ski Corp would have to put in some type of cooling of cooling system, either a pond or steel tank, to hold 250,000 or 500,00.0 gallons. Richardson stated they were negotiating with Friedl Pfeifer for land. City Manager Mahoney told'Council he had a memorandum from John Musick that established a precedent that using this method is a good technique for storing water~ Mahoney affirmed these problems reduce down to whether the Council wants to do this and at what price the City wants to ~bffer water to the Ski Corp for. Mahoney said three costs were considered. (1) The code cost; this would be $1.88 per thousand gallon at Little Nell and $1.50 per thousand gallon at Buttermilk. (2) A rough average price - $.61 to deliver water and $.04 for pumping charges - total $.65 per thousand gallon. (3) marginal costs the City could probably delivery this water for $.01 per thousand gallon if no overhead cosus were allocated. Mahoney told Council that the staff had recommended that the average cost be charged, which is $.65 per thousand gallon. Richardson told Council the Ski Corp was hoping to obtain Pfeifer's water rights from the ranch. Pfeifer owns 15 cfs, and may allow the Ski Corp uo use them in the winter months. Councilman Behrendt moved to draft an agreement between the City of Aspen and the Skiing Corporation to agree to supply water for snowmaking for 15 years according to the memo from ~. J. Stalf at average cost ~asis to be computed annually; in accordance with that to waive the PIF because of the community benefit; and third, to charge the Corpora- tion the direct installation cost for installing that equipment; seconded by Councilman Parry. Stalf said the City Engineer wanted the provision that this water be used for snowmaking and no other use whatsoever; that it has to be tapped on to a 6 inch main at Buttermilk not the 24 inch main. Councilwoman Johnston stated that it was her concern that there should be some clause that this is only effective after the City water supply has been met. Stalf answered this is in the agreement already. Councilwoman Johnston said that if the City was going to ~o this, there should be give and take on both sides. The Ski Corp should be willing to talk about a ski lift tax or an employee discount pass so that both the Ski Corp and City are giving. Councilwoman Johnston suggested using Hunter Creek water or the Durant mine water~ Stalf pointed out that the Durant Mine water is 40° in the Winter and the water needs to be cooler. Stalf mentioned that the winter is the City's lowest peak time. If the City gets $15,000 from the Ski Corp, it is more revenues than the City would have gotten. Councilwoman Johnston asked if there would be reverberations in the valley from the noise and could some tests be made. Mayor Standley pointed out that dur~g the summer the City is producing 7 million gallons of water per day. To supply the Ski Corp with water for the entire winter would be slightly over one day's wauer supply in the summer. Councilwoman Pedersen stated she felt the Ski Corp should have to pay all their expenses as would any subdivider. The contract, if signed, should be on an annual re-adjustment. The Ski Corp should pay all the tap fees and pay all the regular amounts, and to waive the PIF is inconsistent with the policy of non-profit organizations dealt with to date. Councilman De Gregorio agreed with the statement, but pointed out'that the bottom line is Aspen needs snow. Mayor Standley told the Council he felt this would be very good for the con, unity. Mayor Standley stated that to get into an agreement with the Ski Corp and to show that the City is willing to work together is a first start at leading into other things, like ski lift tax or employee passes. Mayor Standley had suggested to the Ski Corp they consider funding snowmaking equipment with an industrial revenue bond with the City, and perhaps the bonds could be paid off with a lift tax. This would fund the system and the City would get the lift tax in perpetuity. Councilman Behrendt Stated if the City was going to offer the Ski Corp lower rates, the City should add to th~ offer that the~ want the early (November) opening date. Stalf Snowmaking answered that the major constraint would the the City's capability to supPly water at cont. that date~ Councilman Behrendt amended his motion to include the fact that the price level would require the installation of a November 25th opening date; CoUncilman Parry seconded the amendment. Stalf pointed out that excess capacity of water~ gas, electricity, has a very low dollar value ~ the company. Any dollars they can realize will. be more dollars than they would have gotten in, an extra bonus, councilman De Gregorio~pointed out that a lift tax was just another burden on Joe Average which creates the City revenue, but does not cost the Ski Corp anything. RichardsOn told Council the money for this system would be borrowed; he stated he did not know if the Corp would be interested in a revenue bond. Richardson also told Council that the Corp may want to phase the system and not put 1.2 million dollars in it all at once. All in favor, wit-h the exception of Councilmembers Pedersen and'Johnston. Motion carrie HOUSING Mayor Standley stated he was concerned about PMH zoning coming under the Growth Manage- ment Plan. The whole objective of the GMP is to dissuade non-useful or nonLcommu~ity beneficial construction and enhance construction that is of community benefit. To put Employee employee housing under the constraints of the GMP is the antithesis of what Council is Housing trying to achieve. Planner'~Kane traced the steps Council has taken with respect to employee housing. There is a plan to implement bonus housing for employees in the City zoning code right now. There is a bonus: for employee housing in the C-l, CC and Office zone. Kane pointed out that Council felt it would be necessary to have.a housing authority of some sort for the purpose'of administering and supervising housing. The recommendation of the plannin office is that until Council has expressly established itself as a~!housing authority, not to take on the city/county housing authority. Kan~ reminded Council that on both 12/27 and January 10, when faced with the question of Midland/Park development, Council's position was that any employee housing wether~public or private should come under the GMP. This put the Midland/Park development in temporar5 hold. The planning office has identified three options Council can consider to deal with employee housing. Under the GMP, if employee housing comes forward, it would have to come forward in the form of a new subdivision and therefore part of the quota system. This would subordinate employee housing to the build out of existing lots and would not be very productive. The alternatives are (1) to take all emploYee housing andi put it into the GMP and throw it into the pot with all other development requests; (2) totally e~empt employee housing with no limit on units; (3) trying to find, within the GMP for each area, reserving fixed number of units for employee housing - either private or public. Kane pointed out that in the point system in the GMP in residential development there is a total of .62 points, 32 of~ these could be achieved by employee housing. Brian Goodheim told Council the problems here are (1) a set of requirements for new development based ol their employee housing impact and (2) some way of making up existing employee housing deficits. Goodheim stated the problem he had with the GMP is that for the firSt several years, the GMP won't see any new subdivisions but will see a build out of existing sub- divided lots. Goodheim noted that the two questions brought up are closely related - what is the role of the City housing authority, and the question of the PMH zone. Goodheim stated the Council was basically looking at what percentage of new construction in the City did they want to see devoted to low and moderate income housing. The County has said 50 per cent. Right now, the City does not have any requirements in terms of an impact of employee housing. Councilwoman Johnston moved to start the process to create the City Council as the City housing authority and to start the process to create a PMH zone; seconded by Councilman De Gregorio. Goodheim pointed out that the Council as housing authority makes them eligible to receiw federal funds and to have a houSing plane recognized by HUD. Councilman Behrendt~stated this wasa fairly delicate process, and asked to have this deferred Until Council could receive a memorandum outlining the dangers of becoming a housing authority. Councilwoman Johnston withdrew the motion and moved that the Council start the process to develop a PMH zone for the City; seconded by Councilman De Gregorio. All in favor, motion carried. EMPLOYEE HOUSING AT WATER PLANT Bill Kane told Council that the Commissioners have indicated they would likely exempt Employee this when it comes up. Mayor Standley reminded Council that during budget sessions Housing at Council discussed the idea of 10 acres at the water plant for housing. Mayor Standley Water plant has discussed this with Brian Goodheim, and he is interesting i~doing the project. Don Ensign, Design Workshop, and Goodheim had researched ~he sites. Goodhe±m identified all developable areas on the site. Ensign pointed out that the lots below would be unconstrainted and the least expensive. The tQp lots have a fine view but there would be water difficulties. Thel.outlined parcels are ~1 - 12 acres; #2 - 1 acres; #3 - 2½ acres; #4 - 4 acres; ~5 - 1.2. acres and #6 ½ acreS. The plan is to have 2 single family units to an acre; 5 cluster units to an acre; i0 town houses, or 12 multi-family units. Ensign pointed out the water plant needs some room to expand in the future. Goodheim explained the process as (1) planning study and market data, (2) site planning and architectural concept (3) put package together (4) let private developers examine and evaluate the proposals for contract. Goodhelm stated that this project should have as little involvement by the City as possible. -The developer would build the project. Employee ~o City specifications. The City would retain the ownership of the land and do a long Housing at term land lease. The operation management could be handled by contract with the develope ~. water plant Mayor Standley asked if it were possible to get this project launched this year and have a general submission package ready for review. Councilwoman Pedersen stated that the project may have me~±t, but the timing is really poor. Councilwoman Pedersen pointed out that it is not fair; the City has just imposed an administrative delay on all other projects. The City should wait until the delay is over. Councilman Behrendt concurred with the problems on timing, but pointed out this is 20 or 30 units for employees that are badly needed. Councilman Behrendt said he would like to instruct the housing authorit~ to proceed with this and have it submitted with other pro~ects. Councilman De Gregorio moved to authorize Brian Goodheim to do the planning study necessary for this project; seconded by Councilman Parry. Councilwoman Pedersen asked if the motion precluded any sort of appearance before any Board before the City has cleared up its own house. Councilman De Gregorlo pointed out this was in the County, not in the City. Goodheim pointed out it will be about 6 six in the planning stage to get to a level of general submission to the County. Councilman Behrendt asked about funding. Goodhe~m answered it would take about $5,000. Councilman Behrendt stated he wanted someone to come back to Council if that was not enough. Mayor Standley suggested that they come back with a definitive proposal' at the next meeting for taking this pro~ect through the approval process and setting up the funding and the pro- spectus on it.- Ensign said this could be broken into three stages (1) feasibility study (2) planning study and (3) submission. Ensign stated that the Council, as developer, should not pay for any more information than is needed. Councilman De Gregorio modified his motion to include that the feasibility phase be continued and at the next meeting this be presented and funding be considered; seconded by Councilman Parry. City Manager Mahoney and Finance Director Butterbaugh were directed to find funding source~ for this project. Councilwoman Johnston requested that the Council have a review of the City's financial status and recommendations. All in favor, with the exception of Councilmembers Johnston and Pedersen. Motion carried. Mayor Standley left Council Chambers. HYMAN STREET VICTORIANS - Final Subdivision Approval Hal Clark, planning office, stated this is a request for final approval for the Hyman Hyman St. Avenue Victorians. A $9,923.50 park dedication fee is recommended. This~ pro3ect is Victorian~ Final essentially adding two 2-bedroom units. The planning office recommends approval of the final plat. Subdiv. Councilman Parry moved to approve the final subdivision; seconded by Councilman De Gregori~? All in favor, with the exception of Councilwoman Johnston. Motion carried. ORDINANCE #83, SERIES OF 1976 Amendment ~o Historic Designation Procedures Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Behrendt closed the public hearing. Ord. 83 Amending Councilman De Gregorio moved to read Ordinance #83, Ser~es of 1976; seconded by Council- Historic woman Johnston. All in favor, motion carried. Designatic Procedures ORDINANCE ~83 (Series of 1976) AN ORDINANCE AMENDING. SECTION 24-9.4 OF THE ASPEN MUNICIPAL CODE WHICH AMENDMENT PROVIDES THAT WHEN THE ASPEN HISTORIC PRESERVATION COMMITTEE INITIATES THE DESIGNATION OF AN INDIVIDUAL STRUCTURE OR SITE AS HISTORIC, AND DOES SO WITH THE CONSENT OF THE LANDOWNER, THE COMMITTEE MAY FORWARD ITS FINDINGS DIRECTLY TO THE CITY COUNCIL FOR CONSIDERATION WITHOUT SUB- MITTING THE PROPOSED DESIGNATION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance a83, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye. Motion carried. ORDINANCE ~85, SERIES OF ~976 - Six month leasing provisions Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Tem Behrendt closed the publi~ hearing. Ord. 85 Six Month Councilman De Gregorio moved to read Ordinance #85, Series of 1976; seconded by Council- leasing woman Johnston. All in favor, motion carried. ORDINANCE #85 (Series of 1976) AN ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF A SUPPLEMENTARY REGULATION RESTRICTING THE RENTAL OF MULTI-FAMILY UNITS WITHIN THE R/MF O, AND C-1 DISTRICTS TO PERSONS OF NOT LESS THAN SIX SUCCESSIVE MONTHS (OR, IN THE ALTERNATIVE, NOT MORE THAN TWICE FOR SHORT ~ERM PERIODS WITHIN ANY CALENDAR YEAR); EXCEPTING SINGLE FAMILY OR DUPLEX STRUCTURES, AND LIMITING THE APPLICATION OF THIS REGUI~ATION TO MULTI-FAMILY UNITS CONSTRUCTED (OR CONDOMINIUMIZED) SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE was read by the city clerk. Councilman Parry moved to adopt Ordinance ~85, Series of 1976, on second reading; seconde. by Councilwoman Johnston. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye. Motion carried. ORDINANCE #87, SERIES OF 1976 - Dog Control Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Ord. 87 Tem Behrendt closed the public hearing. Dog Control defeated Councilwoman Johnston moved to read Ordinance ~87, Series of 1976; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE ~87 (Series of 1976) AN ORDINANCE MAKING VARIOUS CHANGES TO THE PROVISIONS OF THE MUNICIPAL CODE CONCERNING ANIMALS; MORE SPECIFICALLY, PROVIDING THAT OWNERS MUST REMOVE EXCRETA LEFT BY THEIR ANIMALS; ESTABLISHING A PENALTY ASSESSMENT OF $20.00 FOR THE OFFENSE (WHEN CONCERNING DOGS,; AMENDING THE CODE BY PROHIBITING THE HITCHING OF ANIMALS WITHIN OR UPON PUBLIC PROPERTY (EXCEPT IN DESIGNATED AREAS) AND FURTHER PROHIBITING HITCHING ON PRIVATE PROPERTY SUCH AS TO PERMIT THE ANIMAL ACCESS TO ANY PUBLIC PROPERTY AND TO INTERFERE WITH TRAFFIC OR SO AS TO EXPOSE THE PUBLIC TO AN UNSUPERVISED ANIMAL; AND, FINALLY, IMPOSING A PENALTY OF $10.00 FOR THE ILLEGAL HITCHING OF DOGS was read by the city clerk. Councilman De Gregorio moved to adopt Ordinance a87, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vo~e; Councilmembers De Gregorio, aye; Johnston, aye; Parry, nay; Pedersen, aye; Behrendt, nay. County Attorney Stuller pointed out that the vote was 3 to 2 and an affirmative vote of the entire Council is needed to pass an ordinance. Motion NOT carried. ORDINANCE ~ 9Q, SERIES OF 1976 - Rezoning Lot 2, Block 2 - Pitkin Mesa Mayor Pro Tem Behrendt opened the public hearing. There were no comments. Mayor Pro Ord. 90 Tem Behrendt closed the puklic hearing. Rezoning Pitkin Councilman De Gregor~o moved To read Ordinance ~90, S~ies of 1976; seconded by Council- Mesa man Parry. All in favor, motion carried. ORDINANCE a90 (Series of 1976) AN ORDINANCE P~EZONING LOT 2, BLOCK 2, OF THE PITKIN MESA SUBDIVISION TO R-15, WHICH REZONING IS REQUIRED BY REASON OF THE RECENT ANNEXATION OF SAID LOT 2 TO THE CITY OF ASPEN was read by the city clerk Councilman Parry moved to adopt Ordinance =90, Series of 1976, on second reading; seconde by Councilwoman Pedersen. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; De Gregorio, aye; Behrendt, aye. Motion carried. ORD!~7~NCE ~1, SERIES OF 1977 - CETA Appropriation Mayor Pro Tem Behrendt opened the public hearing. There were no commen~s. Mayor Pro Ord. 1,1977 Tem Behrendt closed the public hearing. CETA Appropriation Councilman De Gregorio moved to read Ordinance ~1, S~ies of 1977; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE al (Series of 1977) AN ORDINANCE AUTHORIZING THE EXPENDITURE OF $4,743.11 FOR EMPLOYMENT OF ADDITIONAL CITY PERSONNEL; RECOGNIZING THE RECEIPT OF A LIKE AMOUNT IN THE FORM OF A CETA GRANT AND ALLOCATING THE APPROPRIATIONS TO THE GENERAL FUND was read by the city clerk. Councilman De Gregorlo moved to adopt Ordinance ~1, Series of 1977, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers De G~egorlo; aye; Johnston aye; Parry, aye; Pedersen, aye; Behrendt, aye. Motion carried. CITY MANAGER City Manager Mahoney told Council he needed about $1,000 to carpet the Council Chambers but would wait until after Council had a budget and revenue review session. 2157 Regular Meeting Aspen City Council January 24, 1977 ORDINANCE ~86,..S~RIES OF 1976 - Fire Alarms~ Councilman De Gregorio moved to read Ordinance ~86, Series of 1976; seconded by Council- man Parry. All in favor, motion carried. Ord. 86, Fire ORDINANCE ~86 Alarms (Series of 1976) AN ORDINANCE AMENDING THE UNIFORM BUILDING AND UNIFORM FIRE CODES SO AS TO REQUIRE THE INSTALLATION OF FIRE ALARM SYSTEMS IN EVERY APARTMENT HOUSE, LODGING HOUSE, DORMITORY, CONVENT, MONASTERY, ROOMING HOUSE, CONDOMINIUM OR HOTEL, TWO STORIES OR MORE IN HEIGHT AND CONTAINING MORE THAN FOUR(4) APARTMENTS OR GUEST ROOMS; FURTHER ~{ENDING THESE CODES BY REQUIRING THAT WHENEVER A FIRE ALARM IS REQUIRED, THAT BOTH AN AUDIO AND VISUAL ALARM BE INSTALLED (MEETING CERTAIN SPECIFICATIONS); AND REQUIRING THAT ALL SYSTEMS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ORDINANCE BE BROUGHT INTO CONFORMITY WITHIN ONE YEAR HEREOF was read by the city clerk Councilman Parry moved to adopt Ordinance ~86, Series of 1975, on first reading; seconded by Councilman De Gregorio. County Attorney Stuller explained that building codes by law are only prospective not retrospective. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye. ORDINANCE g3, SERIES 0F:~977 Historic Designation Ross Residence Councilman De Gregorio moved to read Ordinance ~3, Series of 1977; seconded by Councilman Ord. 3,197 Parry. All in favor, motion carried. H designa- tion, Ross ORDINANCE ~3 (Series of 1977) AN ORDINANCE DESIGNATING THE TAYLOR RESIDENCE (LOTS K AND THE WEST HALF OF L OF BLOCK 44, ORIGINAL ASPEN TOWNSITE) AS AN HISTORIC STRUCTURE AND SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilman De Gregorio moved to adop~ Ordinance ~3, Series of 1977, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Behrendt, aye. Motion carried. ORDINANCE #4, SERIES OF 1977 Mandatory Mail Boxes Councilman Parry moved to read Ordinance #4, Series of 1977; seconded by Councilman De Gregorio. All in favor, with the exception of Councilwoman Pedersen. Motion carried. Ord. 4 Mandatory ORDINANCE 94 Mail (Sgries of 1977) Boxes AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE BY THE ADDITION OF A REQUIREMENT THAT NO MULTI-UNIT STRUCTURE CONSISTING OF THREE OR MORE UNITS RECEIVING MAIL SHALL BE CONSTRUCTED WITHOUT THE INSTALLATION QF MAIL BOXES SUFFICIENT TO SERVICE ALL ANTICIPATED OCCUPANTS WITH MAIL DELIVERY was read by the city clerk Councilman Parry moved to adopt Ordinance ~4, Series of 1977, on first reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pedersen, nay; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye. Motion carried. Councilwoman Pedersen moved to adjourn the meeting at 9:40 p.m; seconded by Councilwoman Johnston. All in favor, motion carried. · Hauter, City Clerk Special Meeting ~spe~ City Council February 8, 1977 Mayor Standley called the special meeting to order at 6:55 p.m. with Councilmembers Behrendt, Johnston, Pedersen, and City Manager Mahoney present. Mayor Standley announced the only agenda item was the weather modification agreemen~ contract. County Attorney Stuller told the Council this agreemen~ is between the City of Aspen and Larry Hjermstad. The County has withdrawn their participation and request %o parti- Weather cipate only on an advisory board. The County recommends that Commissioner Child be Modifica- the representative to the advisory board. The County would like to be indemnified agains tion Agre( any future suit as a result of this contract. ment Contract Councilwoman Johnston stated that the City and County went into this for S2,000 each, and it seems that the City and County should have a mutual responsibility. There is no way that th~s should land only on the City. Councilwoman Johnston asked why the County should be indemnified when they agreed to go into the permit with the City.