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HomeMy WebLinkAboutminutes.council.19790514 Regular Meeting Aspen City Council May 14, 1979 Mayor Pro Tem Behrendt called the Council to order at 4:35 p.m. with Councilmembers Anderson, Parry, Wishart, and Van Ness present. John Musick, the City's water attorney, told Council regarding the Hunter Creek settle- ment, he had submitted a contract to the Forest Service for acquisition of the water rights located on their ground at Hunter creek. This contract is between the Forest Service and Colorado Water Conservation Board. Based upon this, an application has been prepared for the transfer of the City's water rights with the Water Conservation Board. The Forest Service water rights will be part of the transfer. Musick said he is negotiating with some owners of water rights on Hunter Creek for the expenditure of the money reserved by the General Assembly. Musick told Council he is proceeding with trying to develop some approval by the Colorado Water Conservation Board for financial assistance on the lining of the Red Mountain/ Salvation ditches. Musick reminded Council he had been asked to look into Ruedi reservoir about the water being sold. Ruedi has 102,000 acre/feet, and the first priority is the replacement of senior water rights of 27,000 acre/feet annually. There is also 47,700 acre/feet of water to be used for sale by Colorado River Water Conservancy District. The third purpose of constructing Ruedi was for recreational purposes. The senior~<water rights and the sale of water leaves 27,000 acre/feet in the reservoir; over time this will silt in. Musick said what concerns him are sales out of the reservoir to Basalt Water Conservancy District and the Colorado River Conservancy District. These sales will be competitive to the rates the City of Aspen is charging for their water. The City could buy some of the water and leave it there for recreational purposes. This would be very expensive. The water being sold to communities will subsidize growth. Musick showed an engineering map showing the municipal and industrial water uses that the Basalt Water District can buy out of Ruedi. Councilman Van Ness asked if the City decided to oppose this, what could be done. Musick said there are a number of alternatives, none of which are particularly attractive; from doing nothing to buying water in the reservoir, which would cost around $800,000 a year. The City could adopt a policy similar to that of the County on Basalt district sales; indication of the City's displeasure on uncontrolled growth; to request an EIS to be performed for the subsequent municipal water sales. Musick said he felt this would be somewhat unrealistic; the Federal District Court in Denver has ruled the project was constructed prior National Environmental. Policy Act, and therefore NEPA does not apply. Musick told Council the Forest Service and Fish and Wildlife have an interest in maintaining the minimum pool. Musick said he felt the steps against this could best be carried out by the NWCCOG. JOINT MEETING WITH COUNTY COMMISSIONERS 1. Aspen Mental Health Clinic Year-End Report. Bob Nuffer, representing the Mental Health Clinic, included a report of the activities of the clinic in the packet. Nuffer Aspen Mental Healtl told the Boards recently they had a community meeting talking about the mental health iClinic Year-End program in Pitkin County and what the priorities should be. The recommendation is for Report more workshops to meet the needs of the community, and to go with more group type projects~ Another issue was salaries; Colorado West just implemented a reclassification, this will cost $181,000 more than they are currently recognizing in revenues. The priorities of the mental health clinic are to provide therapy and crisis service; to provide consultation with agencies serving large numbers of people, such as police, sheriff and hospital; to provide workshops on mental health issues to the general public. Nuffer told the Boards that they have just hired a team-leader and psychologist to take over and will join the clinic in August. Councilman Behrendt asked if Chartie Baker was still with the clinic. Nuffer said Baker has expressed dissatisfaction about the team-leader spot and the salaries, and may resign over these two issues. 2. Visiting Nurses Association Contract. Mary told the Boards this contract visiting Nurses Ass follows the allocations made by the City and County. There are no changes except to change Contract the termination date from 30 days to between 60 and 90 so the ambulance Service would be covered. The VNA and Mental Health contracts have not been changed at all. For the mental health, the donations are $21,250 from the City, $21,231 from the County and $2,000 from the school district. The VNA is $16,132 from the City; $24,344 from the County and $2,000 from the school. For the ambulance the City and County each pay $37,164. Edwards asked what the relative changes are between this and last year's contract. stated they are basically the same. Commissioner Child moved to approve the VNA, Mental Health, and ambulance contracts; seconded by Councilman Parry. All in favor, motion carried. ~egu±ar Meeting Aspen ~lty ~ouncli May ±9, ii 3. Maroon Bells Program. Curt Stewart, transportation planner, told the Boards this is M,~roon Bells Prog. a two step process. There are some outstanding issues for the County to resolve. A memo has been received from Aspen Highlands, which does break down cost differences existing between the County and Highlands. There was a problem between the $6,000 charged for the parking lot for last year and the proposed $9,000 to be charged this year. Highlands alleges that in 1978 their actual costs were $8500. Stewart pointed out the payment to the marketing director is still in lump form. The costs outlined, other than that, are fairly straight forward. The ticket sellers will be a splitting of the costs. Stewart told the Board the Forest Service could not commit to a $1300 increase in parti- cipation, unless they got more money allocated to their district.. City Manager Mahoney said perhaps the City ought to re-evaluate their attitude in the winter with regards to using Rubey Park for the Highlands buses, and Durant street for loading. Child suggested asking the Forest Service to see if they could get an allocation of fuel to help out. Stewart said the City's fuel supplier has said there will be no reduction in the allocation of fuel. Stewart said he planned to develop the levers further after this discussion. Stewart told the Boards he had investigated using Iselin Park for a parking lot, but it is too small. The school parking is broken into five different areas and would require a lot of personnel to direct the parking. Stewart said the Highlands parking lot is good from the standpoint that people will park and get out and use the bus. Ochs said the concern had been that the $9,000 figure for the parking lot had not been broken down. Th~S memorandum provides that breakdown, and the only thing in question is $1400 for the market~ ing director. Ochs pointed out Highlands does do a lot in the parking lot, the County does not have to set up a ticket booth. The County paid $6,000, and Highlands lost on that. Commissioner Kinsley moved to authorize the signing of the cooperative agreement with the Forest Service; seconded by Commissioner Child. All in favor, motion carried. Commissioner Edwards said he felt it would be appropriate to communicate to Highlands the statement that the County will take Highlands on good faith, that they lost money last year, and that next year Pitkin County does not expect to get hit with another 50 per cent increase. Any future increases should bear a reasonable relationship to increased costs. Edwards said it might be pointed out Highlands receives benefits from the City with respect to the use of loading their buses, and this should be kept in mind. Also using their parking lot benefits Highlands greatly in the summer for their sky ride and restaurant. Stewart said he would like to go for a minimum 5 years agreement with only inflationarY cost increases. Stewart said he would like to run the City Highlands service as a con- ~ nector to the Bells program and then evaluate it at the end of the summer. Stewart told the Boards this is the third year for the Bells program; it has been a cooperative effort between the County and Forest Service, and this year the City will be included as far as i i equipment and personnel. The program lasts 52 days, and they are asking the~City to !i provide five 44 passenger buses, which would include buses, drivers, supervisors, fuel !i and maintenance. The County will pay $25,358 to the City for their participation. The iI maintenance will be billed out at 16 cents per mile. The Ski Corp has given approval for ~ use of their buses in this program, and has asked they be reimbursed for the amount of the insurance costs, which is $6.50 per bus per day, and the County will pay deductible on accidents. Stewart said he is projecting $29,000 in revenues. The fare structure wil~i be $1.25 for round trip. Councilman Wishart moved to approve the program and City's participation; seconded by Council Parry. All in favor, motion carried. 4. A-95 Reviews: (a) Department of Education and (b) Western Colorado Health Systems A-95 Reviews: Agency: Gene Marsh recommended favorable on both; howgver, the Department of Education Dept. of Ed. grant would probably not apply to this area. The WCHSA is Vital tothis area. Child Western Coloradoll said the Department of Education legislates parental concern, andhe has difficult with Health Systems A~. a program that tries to create concern within parents for things their children are doing in school. Councilman Wishart moved to recommend no comment on the Department of Education grant; seconded by Commissioner Child. All in favor, motion carried. Commissioner Kinsley moved to forward with favorable comment the WCHSA grant; seconded by Councilman ~ishart. All in favor, motion carried. (c) 208 Water Quality Grant. Bob Nelson told the Boards the next step in this process 208 Water Qualit is to develop local regulations for each management agency, and to sit down with EPA and Grant OCG and begin to work out the aspectsof these regulations. There will be workshops set up in each area to develop specific solutions for each areas municipal ordinances. Each particular county and city will have to address policy statements for 208 in a totally different way. Nelson recommended a favorable comment~on this application. Councilman Wishart moved to forward with favorable comment; seconded by Councilman Parry : All in favor, motion carried. i i (d) Pitkin County Minigrant Workshop. Mark Fuller told the Boards this is an applicatio~i Pitkin Cty. for a workshop to study the subalpine valleYs~of Colorado, to inventory them and their Minigrant resources, and to document threats to their environmental integrity, particularly by %.~Workshop mining. This will fund a years research to finish up the studies and put them into form to be used by various groups. Commissioner Kinsley moved to forward with favorable comment; seconded by Councilman Wishart. All in favor, motion carried. Creating Small (e) Creating Small Business Assistance Centers. Ochs told the Boards this grant is for Business Asst. $149,000 to Colorado University; $100,000 of which is from EDA to encourage economic growth Ctrs. in Colorado by using the resources of Colorado institutions to build management and tech-!i nical needs of businesses to stablize existing jobs and create new jobs. Councilman Behre~-h-~ Reqular Meetin~ Aspen City Council May 14, 1979 Councilman Behrendt pointed out this is not enough money to start even one small business. Commissioner Kinsley moved to forward with no comment; seconded by Councilwoman Anderson. Motion NOT carried. Councilman Wishart moved to forward with negative comment; seconded by Councilman Behrendt~i All in favor, motion carried. 5. Ruedi Water. Musick told the Boards the River District is the contract entity for Ruedi Reservoir, and as such is proceeding with development of contracts for annual right Ruedi Water to purchase water out of Ruedi. This is 47,000 acre/feet annually from Ruedi, after the first 27,000 acre/feet out of Ruedi for senior water rights downstream resulting from the Frying Pan project. Musick said there has been an offer to buy the whole lot for oil shale purposes. There is a request from Crown Mountain Estates to purchase water. There is a contract between the River District and Basalt for about 1,000 acre/feet of water. None of the costs have been finalized yet. This means people will be getting water at greatly reduced prices, so members of the Colo-~i rado Water Conservancy District, those tax dollars will be used to support a water sale project for the purpose of repaying the contract obligations on Ruedi at about 1/10th of the cost of th~ water if they went to other sources. The Basalt District will be taking the water and adding on a small price to the cost and deriving revenue. Musick said he believed they will proceed to develop these contracts as they have a repayment obligation on Ruedi. Councilman Behrendt asked if the City could insist the water be sold at on- going value and the benefits of the profits accrue to the majority of the people. Musick pointed out there are two parts to this issue; dewa%e~ing of the reservoir for whati purpose, and is this supporting or underwriting dewatering of the reservoir by providing the water at cheap rates. Kinsley pointed out this project was sold to everyone in part based on its recreational attributes. Tam Scott said the actual effects of the sale of 47,000 acre/feet ought to be studied; nobody knows what the draw down would be. Scott said as far as the subdivisions, the District has no goal on endorsing or promoting growth in the Roaring Fork Valley. The whole idea of using Ruedi water is the District has a whole feel of historical and legal sense of a responsibility to the existing entities, such as Grand Junction and the water conservancy districts for irrigation. Scott said it is very unclear what the District is going to do; the Board has not agreed what the financial, legal or philosophical guidelines will be. Musick recommended the City and County adopt a policy statement regarding the Basalt Dis- trict and the use of water as it affects Pitkin County, and that this statement be passed on to the Basalt District and the River District and to the Forest Service and the BOR. No one is sure what the motives are behind this, so that an environmental impact statement~ should be prepared to fix the District on one course which they will follow. The course used to be supplementation for acgriculture; now the use appears to be municipal, indus- trial and minor agriculture. Councilman Parry said he had sat in on the original meetings for Ruedi, and it was promised there would be no more fluctuation during the summer than 10 feet. The Yacht Club has never been able to use the bulkhead because of fluctuation. At later water meetings, someil one stated they were keeping the water fluctuating so that they could use the water for industrial use. Musick told the Boards part of the justification for the entire project was the use of Ruedi for recreational purposes. Musick agreed a study should be undertaken to determine what the quantity of water will be sold, what the adverse environmental impacts would be due to sales at high prices versus low prices, wat are the times that water can be released and not affect its recreational facility. Musick suggested that the City adopt a policy consistent with that of the County's and follow up with a letter indicating support for an environmental assessment and to call on NWCCOG to support this and to carry the ball. The letter should be sent to the River District, Basalt District, the Forest Serivce and BOR. Commissioner Kinsley moved to request Musick to proceed ~'with the letters questioning the quantity of water considered to be taken out, the potential adverse impacts, the various prices for the water and requesting an environmental statement; seconded by Councilman Wishart. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of April 9, 1979; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Accounts Payable Councilwoman Anderson questioned the cash contribution to the Red Onion. Ms. Butterbaugh answered this is clean up for the City Christmas party. Councilwoman Anderson asked what the unspecified interest was. Ms. Butterbaugh said this is interest on the Aspen One property; the 4 noteholders were paid independently. Councilman Parry moved to approve the accounts payable; seconded by Councilman Wishart. All in favor, motion carried. CITIZENS PARTICIPATION 1. Robert Rome, living at 1046 Cemetery Lane, told Council there was a fourplex operatingl next door, which has created a lot of noise congestion and vehicle congestion. Rome told Noise & Congestio Council he had brought this to the attention of the City before, and he understood from on Cemetery Ln. the covenants and zoning this should be a duplex or single family dwelling only. Rome said~he had gotten no satisfaction and wondered what to do next. City Attorney Ron Stock if this is a covenant violation, it falls upon the people within the Pitkin Mesa subdiv- ision and they have the right to bring suit in order to enforce the covenants. The City Regular Meetlng Aspen ~l~y uouncl£ may ±4, does not have the right to enforce covenants. Stock told Council he had just heard about this as the people next door had just made application to subdivide the property in order to condominiumize this into four separate units. Stock said he hag been working on writin~ and re-writing the housing overlay ordinance. With this ordinance, the City will be able to bring legal action to enforce removal of the illegal units or to go through the process and make the units legal under the housing overlay ordinance. Rome stated there are up to 20 people living in this area and it is creating problems; something should be done about the illegal fourplex. City Manager Mahoney told Council in the past when he is informed there is an illegal use, he has sent the building inspector out whO notifies the people they are to fix the problem. Mahoney said he would handle this administratively to give Stock the time he needs. 2. City Manager Mahoneyl told Council he had asked Chief of Pol. ice Rob McClung to develop a plan for the roller skaters. Mahoney said he would like an admiRistrative policy from McClung. McClung told Council that the roller skaters could be a potential problem; therell ~ller skating is a Code section which stipulates that persons shall not go upon any roadway except to cross the street. People can skate on sidewalks, and there is no provision to prohibit them from skating in the mall. The penalty for skating in the street is $15, and it is proving to be a hassel. McClung said he would recommend the City provide certain streets for this recreational activity, perhaps on the perimeter of the mall. Mahoney said he would look into this with McClung and the engineer and report back to the Council in two weeks. 3. Bill Frisbie, owner of the shopt that rents, roller skates, told Council he supported McClung's position. Frisbie said if skaters are on the streets they should be given tickets. Perhaps the area around the elementary school could be roped off for skating. COUNCILMEMBER COMMENTS 1. Councilwoman Anderson asked what is being done about the S/C/I district problem. Cityi Attorney Stock told Council he had filed only one violation of the permitted and conditional S/C/I dListrict uses. Stock said there is another one that is somewhat in violation, only because it is a brand new business and the records shows it is becoming more and more legal every month. Stock agreed the S/C/I zone district needs redrafting and the staff would bring this back to Council. 2. Councilwoman Anderson said she has not noticed the long term parking signs at the Rio Grande that were requests six months ago. Mahoney said he had had the signs taken Rio Grande down as during the summer and spring people can park long term there. Mahoney told CoUncil parking for the next winter, cars would be long term parked at the Plum Tree Inn. 3. Councilman Van Ness objected to late-breaking memos' as~no one has time to read them before Council. These lead to extra long discussions. Councilman Van Ness said for Council material he would like to see the time limit strictly enforced. 4. Councilman Parry said he would like the City to look into the possible sale of the Plum Tree Lodge. This would have to go to the voters, who have turned it down once before, Sale of Stock told Council the lessees can extend the lease to 1994 without Council's consent. Plum Tree Ms. Butterbaugh told Council the finance department is currently doing an audit of their books, and the amount they owe the City will be substantially increased. Councilman Van Ness agreed this is worth investigating, if there is any interest. 5. Councilman Parry brought up the fact Council wanted the Rio Grande parking lot chip and Rio Grande sealed as the parking lot would be better used. Mahoney told Council last year .a sewer p~rking line was put through the property, so it would have been torn up. It will be appropriate to chip and seal this fall. 6. Councilman Parry said he felt it is a crime to continue running the buseB during the ii off season empty, Mahoney said there are no economics in changing the schedule; people get used to it and depend on it, Also there are no economics in shutting down during the middle of the day. 7. Councilman Parry told Council he has been out to the community garden several times and wondered about the possibility of getting electricty out there. Councilman Parry talked :! Cc~m~tnity to Stogie Maddalone and to Holy Cross, and Holy Cross thinks they can run electricity out Garden there. Councilman Parry said he had talked to parks director, Jim Holland, about more space for the community garden. They are running out of space. Councilman Parry also asked to investigate for funds for a small outhouse at the community garden. The staff will look at other'possibilities for a garden. 8. Councilman Behrendt noted it is spring again and the buses are dirty; the buses should~i Buses/dirty be cleared up. They are dirty both outside and inside. Curt Stewart told Council he has had two people doing nothing but cleaning ubses. Stalf said the buses are getting washed on the average of once a week, during the winter it is less because there::~.are 21 buses a day on the road. 9. Councilman Behrendt said the bike trails and curbs and gutters are dirty. Mahoney said the street department starts flushing at 4 a.m. every morning. Request for REQUEST FOR EXPANDED PREMISES ' Chisolm's Saloon Expanded Premises Chisolm's Jere Michael told Council he had followed the guidelines from the Mall Commission with Saloon angled corners and the 10 feet from the stair railing. There will be 12 tables will umbrellas. Mayor Pro Tem Behrendt noted there was a letter from fire chief Willard Clapper objected to this extension. Mayor:Pr~ Tem~ Behrendt said he felt it was wonderful they were going into the mall. Fire Marshall Bob Jacobs said he was against any intrusion into the mall unless it could be taken down extremely quickly. Michael explained the kind of enclosure he would have, that it was frOm the mall commission speculations, and that it could be taken down quickly. Councilwoman Anderson moved to approve the 18-E into mall for Chisolm's; Seconded by Councilman Wishart. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Aspen Drug Liquor License Councilman Van Ness moved to approve the renewal for Aspen Drug; seconded by Councilman Renewal- Parry. All in favor, motion carried. Aspen Drug MALL CLOSURE FOR M.A.A. Mall Closure for The M.A.A. had requested closure of the mall on Cooper street for a party in July. There M.A.A. was no one present to explain this request. Council requested it be brough back at the next meeting with more explanation. SUBDIVISION EXEMPTION - Shadow Mountain Associates Subdivision ~Exemption- Jolene Vrchota, planning officel, told Council this is a request to condominiumize a duplex Shadow Mtn. Ass. not yet built on the corner of Hopkins and Second street. There are three lots and 9,000 square feet and it is appropriately zoned. Ordinance ~39, 1978, will not apply because there is no tenant history. Councilwoman Anderson asked what the utility easement condition was left off. Ms. Vrchota said the engineering department did not feel it was appropriate. Mayor Pro Tem Behrendt noted there is talk of a special improvement district to underground the utilities in that area, and would it be appropriate to ask them to join that district. Councilman Parry asked why it was necessary to require parking spaces. Prank Christopher tld Council this is part of the building code. Councilman Parry moved to approve the subdivision exemption with engineering's four conditions and adding joining an improvement district; seconded by Councilman Van Ness All in favor, motion carried. PUBLIC HEARING - SPA FOR ASPEN INSTITUTE ~ Public Hearing- Mayor Pro Tem Behrendt opened the public hearing for the SPA for the Aspen Institute and SPA for Aspen recommended to Council this be tabled to a date certain. Ashley Anderson, representing Institute the Institute suggested Council make a decision which Council will consider this. If Council sets this for May 23, there are some benefits. This will be a lengthy presenta- tion, and might be better at a special meeting. Joe Wells, planning office, told Council this date would put the P & Z in a box as they will be seeing a draft recommendation at their meeting May 22. Councilman Wishart said if this Council passes, they will be tying a new Council with a final decision on an issue they are not very familar with. Mayor Pro Tem Behrendt said this Council can act on it if they choose. Councilman Van Ness moved to table the public hearing until May 29 and, if appropriate, to continue the meeting over to May 30th; seconded by Councilwoman Anderson. Wells told Council the presentation by the applicant will take 7 hours. Councilman Parry said he would rather set this for a night that is not a regular Council meeting so it can be given the time it needs. Councilman Van Ness amended his motion to have the hearing May 30th at 5:00 p.m.; seconded by Councilwoman Anderson. All in faVor, motion carried. WATER PLANT HOUSING UPDATE Water Plant Housing Update Jim Reents, planning office, told Council they have advertised this project in the Wall Street Journal in various regions with the same request that was sent out locally. An informational packet was sent to anyone interested. The closing date for proposals was set for May 11 at 5 p.m.i; and five proposals were received. Reents said he would like to set a meeting with the project managers, City Manager, Don Ensign to ~review the proposals and decide if it is necessary to require personal interviews. Reents told Council the method of financing the project will have to be discussed also. ORDINANCE #24, SERIES OF 1979 - Trash Access Trash Access Mayor Pro Tem Behrendt opened the public hearing. Ms. Smith, planning director, told Council this ordinance basically reduces the trash access requirements existing in the CC and C-1 zones from 30 x 10 x 10 to 15 x 10 x 10. The ordinanCe also tries to promote more efficient trash areas; it allows for special review before P & Z for redu¢.~ion even further, conditioned upon the applican~ making unique provisions for trash and utility accesses. Ms. Smith told Council the definition specifies trash and utility access~areas will be used only for this equipment; currently these areas are being used for storage and even parking. The incentive fo~ providing~imore efficient space is~,the awarding of points under the GMP. A subcommittee of the P & Z came up with this ammendment. The City Engineer went over this and indicates even minimum requirements would be sufficients. Ms. Smith told Council there are some negative recommendations. Vic Goodhard, Aspen Trash, feels this shouldn't be reduced because of the existing alleys. There was feeling there ought to be provision for more space with new development to make up for these problems. Ms. Smith told Council ~ the P & Z recommended approval of this amendment. Ms. Smith had referred the problem of increased fire danger to the fire marshal. Bob Jacobs has indicated the fire proofing in the building code is sufficient to withstand any fire developing in the trash area. ~egu±ar ~ee~lng Aspen City Council May 14, 1979 Tom Dunlop, environmental health officer, told Council they are trying to eliminate the dumpsters from the alley to expendite snow removal. People push their dumpsters into the alleys and the snow b~ild up behind them gets so bad, the dumpsters cannot be pushed back into their space. Mayor Pro Tem Behrendt moved to close the public hearing. Councilman Parry moved to ready!I Ordinance ~24, Series of 1979; seconded by Councilman Wishart. Ord. 24,1979 Trash Access Mayor Pro Tem Behrendt said he would like to see this defeated. The City has a decent NOT adopted of trach access regulations, and to make them less restrictive does not make any sense. All in favor, with the exception of Couhcitman Behrendt. Motion Carried. ORDINANCE 924 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR CHANGES IN TRASH ACCESS REQUIREMENTS was read by the city clerk Ms. Smith told Council the Board of Adjustment indicated they would like to see these changes because they get so many variance applications on trash access areas. Councilman Parry moved to adopt Ordinance #24, Series of 1979, on second reading; seconded by Councilman Van Ness. Councilman Van Ness said with this reduced size it will work into the problem of people leaving their dumpsters in the alleys even more, and that property owners will not shovel out and maintain the space City Manager Mahoney said he felt the City had more problems with the auxili&ry trash in the alleys. Ms. Smith pointed out people building new build- ings do not know to whome they are going to lease the spaces and do not have a good idea of the generation of trash. By providing smaller areas, this will discourage the storage of cars and extra trash. Councilman Van Ness said he felt the solution was to enforce the trash and junk ordinances. Roll call vote; Councilmembers Wishart, naye; Anderson, nay; Van Ness, aye; Parry, nay; Mayor Pro Tem Behrendt, nay. Motion NOT carried. ORDINANCE #28, SERIES OF 1979 - Ratifying Word Processor~Lease Mayor Pro Tem Behrendt opened the public hearing. There.were no comments. Mayor Pro Tem Ord. 28,1979 Behrendt closed the public hearing. ~Drd Processor Lease Councilman Wishart moved to read Ordinance #28, Series of 1979; seconded by Councilwoman Anderson. All in favor, motion carried. ORDINANCE ~28 Series of 1979) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF AN EQUIPMENT LEASE BETWEEN THE CITY OF ASPEN AND THE FIRST NATIONAL BANK was read by the city clerk Councilwoman Anderson moved to approve Ordinance #28, Series of 1979, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Van Ness, aye~ Anderson, aye; Wishart, aye; Mayor Pro Tem Behrendt, nlay. Motion carried. CITY MANAGER 1. Intermountain Enterprises Lease Extension. Mahoney explained that Council leases property, and they have leased the Aspen One property to Intermountain. This allows the City Manager to extend the lease, Mahoney said he would like Council's approval to do so. Intermountain Mahoney told Council the only place Intermountain can go is the Airport Business Center, Enterprises and they would like to be able to stay where they are until the first of AugUst. Mahoney Lease (Aspen said the parks department does not have any plans but to clean this area up. Mahoney ~e Property) said Intermountain had assured him they would reduce their inventory as quickly as possible. Councilman Parry moved to approve the lsase extension to the first of August; seconded by Councilwoman Anderson. COuncilman Van. Ness said it should be made clear that Council will not be amenable to any further extensions. All in favor, motion carried. ORDINANCE 934, SERIES OF 1979 - Floor Area Ratio Joe Wells, planning office, reminded Council this has been under consideration for two ORD.34, 1979 years. Wells is brining this ordinance for first reading, and then suggested Council FAR schedule a work session or set the public hearing at a later date. Wells told Council thi§I differs from previous recommendations. This is in response to significant problems; if a set-FAR is eStablished for a zone district which has fluctuating lot sizes, the person with a sub-standard lot would be penalized by that. Wells pointed out in the R-15 an FAR of .16 was recommended; if a lot were less than 10,000 square feet in a straight line ratio, one would be significantly penalized. This new proposal does not establish an FAR by zone district; it establishes an FAR by the size of the lot. Wells told Council the ideal ratio would be a flat curve starting off steeply and flattening out, and the planning office is working on this. ~ Councilman Wishart moved to read Ordinance #34, Series of 1979; seconded by Councilwoman Anderson. ~egu±ar Meeting Aspen City Councl± May 14, 1979 Councilwoman Anderson asked that Council have a study session and presentation with slides before the second reading. Wells told Council he has identified structures all over town, residences that are comfortable on their lots and those that are clearly too large, and will have a full presentation. Bil Dunaway asked if this was P & Z's recom- mendation. Wells answered it is not, P & Z's recommendation was forwarded to Council some time ago. They did not favor FARs but wanted to adopt an overlay district in which every single family and duplex would go through special review. Wells told Council they had gotten from P & Z a resolution from a previous motion in October so that building permits would not issue to anything that is inconsistent with that recommendation. Wells told Council the P & Z had recommended FAR and volume ratios, and they were not these in this ordinance but were more liberal. Wells said he had personally tried to calculate volume ratios and felt it is not worth the trouble. There are no volume ratios in this ordinance~ Wells said there are very few cases where volume is totally out of scale with the houses. Councilman Van Ness asked if P & Z had recommended a volume ratio ordinance within the last year. Wells answered they recommended FARs and volume ratios, and the FARs were more liberal than these. Councilman Wishart said he would like to go ahead with this and see the presentation before the second reading. Wells told Council he felt that buildings that are an abuse of the zone district.generally do not have alot of volume. Councilman Parry said he would like the work session even before first reading so that Council knows what it is talking about. Councilman Wishart pointed out this Council initiated the FAR and they should pass on it. The new Council will not know what has gone on before and what the Council has been through with P & Z. Councilman Wishart moved to read Ordinance #34, Series of 1979, on first reading; seconded by Councilwoman Anderson. All in favor, motion carried. ORDINANCE #34 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3 OF THE ASPEN MUNICIPAL CODE BY AMENDING THE DEFINITIONS OF BASEMENT, SUBGRADE, AND THE SUPPLEMENTARY REGULATIONS MEASURING FLOOR AREA FOR FLOOR AREA RATIO; AND FURTHER BY THE ADDITION OF A DEFINITION OF VOLUME RATIO, AND SUPPLEMENTARY REGULATION FOR MEASURING VOLUME FOR VOLUME RATIO; AND FINALLY BY AMENDING AREA AND BULK REQUIREMENTS TO INCLUDE EXTERNAL FLOOR AREA RATIOS, MAXIMUM ALLOWABLE BUILDING SQUARE FOOTAGES, AND VOLUME RATIOS FOR THE R-6, R-15, AND R-30 ZONE DISTRICTS was ready by the city clerk. Councilman Wishart moved to approve Ordinance #34, Series of 1979, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Anderson, aye; Wishart, aye; Parry, nay; Van Ness, aye; Behrendt, aye. Motion carried. The study session for the slide presentation and site inspection was set for Thursday, May 31, 1979 at 5 p.m. TERMINATION OF MALL PROCEEDINGS Councilman Wishart moved to terminate the mall proceedings; seconded by Councilwoman Anderson. All in favor, motion carried. LETTER OF OPPOSITION TO H.B. 3712 Jim Reents, planning office, told Council the County is going to testify before the House Ways and Means Committee. Because of the number of responses nationwide, Reents is not ~ HB 3712 recommendings the City send anyone, but it would be appropriate for a letter to go under ~ Mortgage for the Mayor's signature in opposition to H.B. 3712. Reents told Council this Bill seems to Housing close the door in terms of more affordable housing by not allowing less expensive financing. Councilman Van Ness moved to send a letter opposing H.B. 3712 under the Mayor's signature; seconded by Councilwoman Anderson. All in favor, motion carried. ORDINANCE #29, SERIES OF 1979 - Employee Housing Parking Requirements Special Review Councilman Wishart moved to read Ordinance 929, Series of 1979; seconded by Councilwoman Qrd. 29,1979 Anderson. Parking The planning office told Council they felt it was more appropriate to leave parking for Requirements employee deed restricted units as a special review item rathern that lose units becuase Special review for ~loyee they could not fit an additional car on the site. housing projects All in favor, motion carried. ORDINANCE ~29 (Series of 1979) AN ORDINANCE ADDING SECTION 24-4.1(c), EMPLOYEE HOUSING PARKING REQUIRE~ MENT SPECIAL REVIEW TO THE CITY ©F ASPEN ZONING CODE was read by the city clerk~ Councilman Parry moved to adopt Ordinance ~29, Series of 1979, on first reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Van Ness, aye; Anderson, aye; Wishart, aye; Parry, aye; Behrendt, nay. Motion carried. ORDINANCE ~30, SERIES OF 1979 - Breadcasting station as Conditionai Use in the 0 zone Councilwoman Anderson moved to read Ordinance #30, Series of 1979; seconded by Councilman Ord. 30,1979 Wi sh ar t. Broadcasting Councilman Parry asked if this were getting a conditional use, why didn't the bakery get station, a conditional use. Reents pointed out a commercial bakery is a permitted use within the condtional S/C/I zone but by definition it does not allow retail sales on Site. Reents said the issue use ~egu±ar see~lng aspen ul~y uounc~± may ~, with the bakery was that specifically it said no retail sales within a commercial bakery, i it was felt, without a code amendment, this could not be allowed to be a use in the S/C/I.i City Attorney Stock pointed out Droadcast station is not listed either as an exemption or as a permitted use. An office building is a permitted use within the O, Office zone, and if you look at the uses of a broadcasting station, the major traffic generator is advertising, which is very little different from an advertising agency, which is permittedi within the zone. Councilman Van Ness agreed that broadcasting station fits in the list of conditional uses. Reents told Council when the planning office was first presented with this, they felt the use was very similar to a professional office building. The transmittors will be at a different location. All in favor, motion carried. ORDINANCE #30 (Series of 1979) AN ORDINANCE ADDING BROADCASTING STATION AS A CONDITIONAL USE IN THE O-OFFICE DISTRICT was read by the city clerk Councilman Wishart moved to adopt on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Anderson, aye;Wishart, aye; Van Ness, aye; Mayor Pro Tem Behrendt, aye. Motion carried. ORDINANCE #31, SERIES OF 1979 - Independence .Subdivision R~zoning. Ord. 31, 1979 Councilman Parry moved to read Ordinance #31, Series of 1979; seconded by Councilman Van Independence Ness. Subdivision Ms. Smith reminded Council this was before them in November of 1977 to rezone the Indepen, Rezoning dence property, which is located at Park between Hopkins and the footbridge. There is an~ existing building. The application proposes to rezone from R-15 to R-6. The planning office originally opposed this on the ground of the congestion'in the neighborhood. P & Z considered it and Cons±d~red the employee housing benefits and the record of Mead Metcalf and felt the benefits of the housing outweighed the disadvantages. Council said they would like to see a PMH-type rezoning described, a zone that would insure the employee housing continued. Ms. Smith said the planning office and applicant have been working on these assurances for a year and a half. There is an agreement in the packet which basically provides for a duplex with 3 bedrooms per side and 3 bathrooms, totaly 1544 square feet per side. The agreement provides as a condition of rezoning the units will be limited to $270 per tenancy (per person) with a maximum of 3 tenancies each side. Ms. Smith told CouncilI this figure is consistent with the middle income guidelines. Ms. Smith said there was concern that the price was too high and there was too much square footage, and that once the unit has turned over it would go into the free market. The applicant has reduced theI size since then, and feel the design will improve the neighborhood. The price limitations will be subject to whatever inflationary factor the City has for an increase in rental. The price limitations will apply for a minimum of 10 years or for as long as Metcatf owns the property. Stock told Council they could make a requirement there be a lease and it be provided to the housing authority so that price and eligibility can be checked. All in favor, motion carried. ORDINANCE ~31 (Series of 1979) AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, SEC. 24-2.2 BY CHANGING THE ZONING OF LOTS 4, 5, AND 6 OF INDEPENDENCE SUBDIVISION FROM R-15 TO R-6 was read by the city clerk Councilman Parry moved to adopt on first reading Ordinance 931, Series of 1979; seconded by Councilman Wishart. Ms. Smith noted to Council they will not vote on the subdivision exception until the rezoning has been approved. Councilman Van Ness said it seems like this rezoning is being given since Metcalf has such a good track record. Councilman Van Ness said that Council's responsibility is to treat everybody equally. Councilman Parry said this rezoning will bring this into conformance with the surrounding area, and this is a good offer to get employee housing. Councilwoman Anderson said her only reservation is that the price limitation seems to be for too short a time. Councilman Van Ness said he would like an on-site inspection for FAR. Roll call vote; Councilmembers Wishart, aye; Anderson, aye; Van Ness, aye; Parry, aye; Behrendt, aye; Motion carried. ORDINANCE ~32, SERIES OF 1979 - Supplemental Appropriate Sixth Penny Ord. 32, 1979 6thpenny City Attorney Stock told Council the next two ordinances is appropriating money that supplemental Council had already a~thorized to be spent and to clean up the budget. appropriation Councilman Wishart moved to read Ordinance #32, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #32 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND IN THE AMOUNT OF $63,700 FROM CURRENT YEAR UNAPPROPRIATED SALES TAX REVENUES AND APPROPRIATING EXPENDITURES OF $63,700 FOR MISCELLANEOUS 6TH PENNY SALES TAX FUND EXPENDITURES was read by the city clerk. .2638 Regular Meeting Aspen City Council May 14, 1979 Councilman Parry moved to adopt Ordinance #32, Series of 1979, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Anderson, aye; Van Ness, aye; Wishart, aye; Parry, aye; Mayor Pro Tem Behrendt, aye. Motion carried. ORDINANCE ~33, SERIES OF 1979 - Supplemental Appropriation Seventh Penny Councilman Wishart moved to read Ordinance ~33, Series of 1979; seconded by Councilwoman Anderson. All in favor, motion carried. Ord. 33,1979 7th penny ORDINANCE # 33 supplemental (Series of 1979) appropriation AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $14,400 FROM THE CURRENT YEAR UNAPPROPRIATED SALES TAX REVENUES, RECOGNIZING A ~ $7,500 CONTRIBUTION, RECOGNIZING A TRANSFER OF $39,000 FROM THE 6th PENNY SALES TAX FUND TO THE GENERAL FUND AND APPROPRIATING $60,900 IN MISCELLANEOUS GENERAL FUND EXPENDITURES was read by the city clerk. Councilman Wishart moved to adopt Ordinance #3, Series of 1979, on first reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Wishart, aye~;~ Parry, aye; Anderson, aye; Van Ness, aye; Mayor Pro Tem Behrendt, aye. Motion cars±ed. BUS PURCHASE Mayor Pro Tem Behrendt said that shortly no one will be able to buy buses due to backlog. Bus Purchase At the next meeting, there will be an order for three, and Mayor Pro Tem Behrendt submitted that is not enough for the City's demand. H. J. Stalf has requested a fourth. Mahoney agreed the City should get the 4th bus. H. J. Stalf told Council he ordered 6 buses in March on a tentative order, and has 60 days to verify this order. This with the 30 day extension will give until the 15th of June. The price quoted to Stalf was based on getting 6 buses. The Ski Corp had talked about wanted 3 more buses for next year, which they cut back to one. Stalf told Council he feels the Silverking route needs to be ~ doubled next winter, and the School District may cut out there routes and the school kids will be using the City bus routes. Stall said he figured the buses on two from the 7th i penny and one for the Ski Corp. Stalf pointed out the City can get 3 more cheaper, per unit, right now. The bus price will go up another $10,000 next year. Councilman Wishart said he did not want to commite the ~ew~ C0uncil to such a budget expense. Councilwoman Anderson said she is for the bus purchase on general principles, but would like to see the figures. Councilwoman Anderson moved to adjourn at 8:40 p.m.; seconded by Councilman Wishart. Alll in favor, mOtion carried. ~ch, City Clerk