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HomeMy WebLinkAboutminutes.council.19781023 ~gu~z l,~Lx~19 ~spen ul~y uouncl± ~ctoDer ~3, 197~ JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley called the meeting to order at 4:10 p.m. with Councilmembers Isaac, Johnston, Parry and Wishart and Commissioners Child and Kinsley present. Also present were assist- ant City Manager Stald, County Manager Ochs, City Attorney Stock and County Attorney Stuller. 1. U. S. Forest Service Expansion Alternatives. Mayor Standley told the Boards there were memos from the planning office and Wally Mills. This discussion of the Forest Service re- location started last spring. There is a letter of March 1978 stating the viewpoint of U.S. Forest the City and County regarding the Brush Creek location. Service Expansion alternatives Tom Bell, Forest Service, told the Boards they are trying to do an expansion to update the facilities. If the Forest Service stays in their present location, they will remodel and expand and construct a garage. In the future, they hope to add employee housing in the form of dormitories and duplexes. Bell showed a map of the existing facilities with office expansion to the west. Bell said the Forest Service would like to get away from on-street parking so the parking could be controlled. They need more garage area. There are two existing residential units, one to the east of the office, and one off 8th street, which the Forest Service will keep. To the north of the office site would be dormitory-type employee housing. More in the future would also be some duplex units. Bell told the Boards Wally Mills has proposed a land trade idea; to turn the present Forest Service area over to private ownership and exchange for constructed property at the Brush Creek intersection. Bell said he needed a reading from the City and County on which proposal best meets the City and County needs. Councilwoman Johnston asked what other type of development was planned for Brush Creek. Ms. Smith, planning office, said a pro- posed rezoning to Industrial had been discussed. This proposal was for the Forest Service and an industrial warehouse park, and includes a visitors center. The planning office had some concerns about the traffic this would cause. Commissioner Kinsley said he felt this would change the character of the intersection and may give leverage for a shopping center development. Mayor Standley asked Bell what proportion of trips to the present facilities are Aspen residents. Bell said during the summer ~s it 90 per cent non-local; during the rest of the year it is about 40 per cent. The Brush Creek site would give a disadvantage to the Aspen residents. Ms. Smith pointed out there ~s land opening up ~n the S/C/I, which would be good for a maintenance facility but not a visitors center. Ms. Smith said the present location makes a lot of sense, it is on a high volume street. The planning office has no problems with the office building; there may be some problems with the maintenance facility as far as zoning. Mayor Standley pointed out there ~s already a garage there. City Attormey Stock said under non-conforming uses, this cannot be reconstructed. Ms. Smith said the planning office does not have problems with the housing, as long as it is in scale with the surrounding development. Mayor Standley said he felt they were best off going with the present location, and suggested going ahead and work with the planning office to get redeslgnated and take this through P & Z and the public hearing processes. 2. 208 Water Quality Plan. Jerry Dahl had submitted a joint resolution for support of this plan. (Commissioner Edwards entered the meeting). Dahi said they would like to start the plan adoption and implementation in the County and City, and this allows COG to get in touch with the planning staffs. This proposal goes to various state agencies 208 Water Quality and the water quality control and 208 executive committee advise the governor of whether Plan the plan should be certified. The plan covers standard things such as impervious cover, building on steep slopes, and earth disturbances, and has the entire policy of water use and development. Dahi said the state bodies had problems with water use and development and would like to hear from the Attorney General. The state had reservations with county power interacting with diversion. Dahl told the Boards that they are trying to get certified early next year and COG had voted at the last meeting to establish funds into which governments will be contributing. The monles from the fund will be for the defense of diversions. Phil Overender told the Board the certification part by the state and EPA has little bearing as to what happens at the local levels. Most of the statutory authority to implement the recommendations of the water quality management plan already exist. The majority of the recommendations of the plan deal with the changes in land use codes. The advantage to adopting the plan at the local level is in terms of actions required by federal and state agencies to take implementation of the plan. The 208 plan requires joint action by local, state and federal agencies. If the local agencies show they are taking positive action toward clean- ing up pollution problems in terms of water quality, they will be putting pressure on the state and federal agencies to do likewise. If this plan is adopted, it not only affects private land within the County, but federal land as well. The goal of this plan is to get all agencies deal with the same solutions. Overender said that COG has adopted the recom- mendations; they are strictly an advisory body. Overender told the Commissioners and Council this plan generally acts as impact zoning, and also the desire to act more on future problems. The state is trying to deal with existing problems through current legislation. Overender stated one of the weaknesses of the 208 plan is that with the land revision act, if a state agency is involved, there can be no duplication requirements occurring at the local level. The plan will look at potential problem, how to avoid them, and proscribing solutions. There will be joint functions between counties and municipalities to administer functions described under water quality. Sanitation districts can continue to receive waste water grants directly. One of the recommendations in the resolution is that Pitkin County ~s willing to cooperate in the development of management systems between ~owns and counties and other entities. The 208 executive committee generally endorsed the recommendations of management plan involving direct participation of local governments. Mayor Standley said this resolution basically states that the City and County agree to try to agree to this plan. Commissioner Edwards moved that Pitkin County set the wheels in motion; seconded by Commissioner Child. Councilman Isaac moved to read the Resolution; seconded by Councilman Parry. All in favor,~ motion carried. (Councilman Van Ness came into the meeting). A RESOLUTION OF INTENT CONCERNING THE DRAFT AREAWIDE WATER QUALITY MANAGEMENT PLAN FOR EAGLE, GRAND, JACKSON, PITKIN, ROUSTAND SU~IT COUNTIES ! Draft Areawide WHEREAS, the Northwest Colorado Council of Governments has been designated i Water Quality by the Governor of Colorado as an Areawide Management Planning Agency pursuant ~: Manag~ent to Section 208 of PL-92-400 as amended, and Plan for WHEREAS, the Northwest Colorado Council of Governments is an Association Region 12 of Local Governments as set forth in Title 29, Article 1, Part 2, 203, CRS 1973, as amended, and WHEREAS, the Northwest Colorado Council of Governments has been designated as a Regional Planning Commission pursuant to Chapter 38-23-104, CRS 1973, and WHEREAS, the Northwest Colorado Council of Governments has developed an Areadwide Water Quality Management Plan and Level 1, Level 2 and Policy Maps which support the goals, objectives, and policies established by the units of Local Governments comprising that body, and WHEREAS, the Northwest Colorado Council of Governments adopted the Draft Areawide Water Quality Management Plan for Eagle, Grand, Jackson, Routt Pitkin, and Summit Counites as amended, including the maps as described above, on June 29, 1978, and requested on that~ date that Local Governments specified as management agencies in the Plan adopt the Plan in its present or amended form, and WHEREAS, the existing high quality of natural waters within~Pitkin County is of invaluable benefit to the health, safety, and welfare of the citizens of the County, and WHEREAS, the maintenance of the currently existing high quality of said waters is closely interrelated with the safe, orderly, and efficient development of the land, mineral and water resources of the County, and, WHEREAS, the Draft Areawide Water Quality Management Plan for Eagle, Grand, Jackson, Routt, and Pitkin Counties, as prepared and adopted by the Northwest Colorado Council of Governments and described above, adequately addresses the concern of Pitkin County and the City of Aspen that the currently eXisting high quality of the water of the County be maintained and that the interrelationship between water quality and the development of the resources of the County be addressed as an integral part of the planning and zoning process, and WHEREAS, the County of Pitkin is authorized to engage in planning and zoning for the health, safety, and welfare of its citizens under the authority of inter alia, Title 30, Article 28, Title 24, Article 65.1, Title 24, Article 32, Section 111, Title 29, Article 20, and Title 31, Article 11, Sections 101 and 107 CRS 1973 as amended, and WHEREAS, the City of Aspen is authorized to engage in planning and zoning for the health, safety, and welfare of its residents under the authority of, inter alia, Title 29, Article 20, Title 24, Article 65.1 and Title 31, Article 23; CRS 1973 as amended, and WHEREAS, the County of Pitkin and City of Aspen believe that adoption and implementation of the above-described Draft Areawide Water Quality Management Plan will be of great benefit to the citizens of the County and the residents of the City, NOW, THEREFORE, BE IT RESOLVED, that the CoUnty of Pitkin and City of Aspen hereby declare their intent to work with the Northwest Colorado Council of Governments and its staff in order to implement the policy recommendations of the Plan and to adopt the Plan as binding within the County and City, and hereby directs its planning staff to initiate discussions with the Northwest Colorado Council of Governments (hereinafter "NWCCOG"), and its staff in order to accomplish said adoptions, and BE IT FURTHER RESOLVED, that the County of Pitkin and City of Aspen hereby declare their willingness to work with the NWCCOG and its staff in order to develop and adopt revisions to the land use codes and regulations of the County and City of Aspen which may be made necessary by the recommendations of the Plan, and hereby direct its planning staff to initiate discussions with the NWCCOG and its staff in order to accomplish said revisions and adoption, and BE IT FURTHER RESOLVED, that the County of Pitkin and City of Aspen hereby declare their willingness to participate in the formulation and operation of the Management System recommended by the Plan in order to accomplish the goals thereof, and, BE IT FURTHER RESOLVED, that the County of Pitkin and City of Aspen hereby request that the GovernOr of the State of Colorado certify the Plan to the United State Environmental Protection Agency in its entirety. Adopted this 23rd day of October 1978, at Aspen, Colorado, by the County of Pitkin and City of Aspen, Colorado, meeting in joint session Councilman Parry moved to adopt the resolution by roll call; seconded by Councilman Isaac. Councilman Isaac, aye; Johnston, aye; Wishart,-.aye; Parry, aye; Child, aye; Kinsley, aye; Mayor Standley, aye. Motion carried. Councilwoman Johnston asked Tom Dunlop if this plan addresses the City's concerns. Dunlop said it has been modified so that he is happy with it. 3. Federal.Grant Assistance Program. Mayor Standley said City Manager Mahoney was not here so this should be talbed so it could be discussed jointly with Mahoney and Ochs. ~Federal Grant iAssistance Commissioner Child moved to table this item; seconded by Councilman Isaac. All in favor, iProgram motion carried. Transportation A joint study sassion on transportation, bus maintenance facility was scheduled for joint study Thursday, November 9, at 5:00 p.m. session COUNCIL MEETING MINUTES Councilman Isaac moved to approve the minutes of the October 4 and 9, 1978, Council meetings; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE These were tabled from the last meeting. Councilman Parry moved to approve the Accounts Payable; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Councilman Wishart asked how the production of the buses was coming. H. J. Stalf New bus told Council three had been brought back from Georgia, five are waiting there. They production are about 10 days ahead of schedule. 2. Councilman Isaac said he had been thinking about the budget sessions and came to the decision he could not vote in favor of approving the budget until (1) the City gets a concrete employee evaluation system, and (2) all employees are deemed to be doing their Employee job correctly will be getting a full cost of living increase and not something less. Evaluation Councilman Isaac said he had a problem with not giving employees a cost of living raise schedule when in fact there is a real raise here in Aspen. The cost of living is going up. The City is setting a bad example for local businessmen. The City needs to set a good example; the City's employee are important. Councilman Isaac said not to let the few individuals who are overpaid have an impact on the other employees. 3. Councilman Van Ness said he tended to agree with Councilman Isaac. 4. Mayor Standley told Council he had spent the weekend working on the wage and salary problem and has prepared a 10 page memorandum and doing a total comparative analysis. Mayor Standley said a cost of living raise is not the way to motivate the employees at Wage and their job. There is a work session schedule for November 8 to address Aspen One to know Salaries whether to do a land trade or come up with financing for Aspen One. There will be a public hearing on the budget at the November 13th meeting. The wage and salaries will be discussed before November 13 WHEELER AND PERFORMING ARTS CENTER DESIGN FUNDING OFFER Mayor Standley noted there is an offer from a group to take on the responsibilities of behalf of the city to investigate the need for a larger performing arts center. This Wheeler and offer does not obligate the City in any way. Mayor Standley said he looked at this Performing proposal as a generous offer in moving toward the next step of the development of the Arts Center Wheeler. The Tax collection act already discussed was on the Congressional docket and Design Funding did pass. Offer Tom Ward told Council members of Ballet West, M.A.A., theatre groups, Aspen Foundation for the Arts have been meeting for a couple of months, discussing the necessity for con- sidering a larger facility for performing arts. The proposal before Council states they wish to look into all the ways to make this come about. They plan to go after funding for a professional consulting firm to evaluate the study done by the Wheeler Task Force. They will form a non-profit tax exempt board, Roaring Fork Valley Foundation for the Performing Arts. This board will under take four functions. 1. They will obtain fUnding for a profesional consulting firm to evaluate previous studies and to advise which of the various disciplines of the arts can or cannot utilize the Wheeler. They will make recommendations for the most financially responsible use within cultural guidelines. 2. They will select and employ appropriate design consultants to draft a schematic desig~ for the theatre of the Wheeler to insure that the renovation results in a plant which Will provide an apprpriate facility. 3. The board will raise money to hire a nationally recognized consulting firm to make a use study to determine if it is needed and attainable for the City of Aspen, and Pitkin County, to construct a separate and larger performing arts facility, which would with the Wheeler, form the base of a performing arts complex. 4. If a larger and separate facility is determined by the consulting firm to be needed and attainable, the Foundation will select and finance design consultants to draft a schematic plan for the larger facility in relation to a thoughtfully restored Wheeler so that the two complement each other. The design consultants will address the development of a plan of management for the Wheeler and the larger facility so that the two can be operated as one economically and artistically viable performing arts complex. They will address the site selection, zoning, traffic flow, and parking. Councilwoman Johnston asked if this group would deal only with the theatre part of the Wheeler, or the commercial and office space as well. Ward told Council they were so newly formed that they have not addressed everything. Basically, they have only talked about the performing arts and What is needed. Mayor Standley pointed out these four elements will not cost the City anything. This group will undertake the financing to offer this level of input on the Wheeler. The group would like the City staff to work with the consultants when they come in. The City does not have to implement any of the plans if they do not want to. Councilman Parry moved to accept the offer and offer the City offices to help; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Johnston said this group should be commended for their offer. LIQUOR LICENSE RENEWALS cense Tom Dunlop recommended conditional approval on Aspen Bar & Grill; they have a compliance 1 date of November 11. Aspen B~r & Grill, Ia Councilman Parry moved to approve the renewals for La Cocina, and City Market; seconded by Cooing, City' Councilman Isaac. All in favor, motion carried. Market i Councilman Isaac moved to approve the renewal for Aspen Bar and Grill conditioned upon their meeting the compliance requesns of Tom Dunlop; seconded by Councilman Parry. All in favor, . motion carried. APPOINTMENTS TO HISTORIC PRESERVATION COMMISSION HPC appointments Mayor Standley told Council there are three openings on the HPC as a result of terms running Siegle, Glidden,. out. All three people on the Commission have requested reappointment. Michael .. Councilman Isaac moved to reappoint Jon Siegle, Florence Glidden, and Jerry Michael to the HPC; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Golden Barrel Liquor License . Kit Sommers, representing the applicants, introduced Bill Gilner and Pete Danieli to Counci. Transfer- Sommers told Council the applicants intend to operate the restaurant substantially identi- Golden Barrel i~ cally to what it has been. There will be no outstanding bills at the time of transfer. Dunlop the few remaining problems do not warrant holding this license up. ~ Councilman Parry moved to approve the transfer of this license to D & G, Inc.; seconded by Councilman Wishart. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Acapulco Gold Ralph Brendes introduced the applicants Lester Cufaude and Michael Regan and passed out Liquor License their letters of reference. Hrendes told Council all debts have been paid and settled. Transfer - The transfer is free and clear of any debts. This will not be a Mexican restaurant; it Acapulco Gold will be a fresh sea food restaurant. The applicants plan to put about $15,000 into . (Key West improvements. They will change the name to Key West Shipping Company. The term remaining ~Shipping Co.) on the lease is until April 30, 1979. There ~s a contract with the lessee he will extend their lease to whatever extension he gets. Councilwoman Johnston asked if the Council can require that if the nature of the business is changed substantially by these people, they return to Council. City Attorney Stock said the Council can condition the license on the applicants keeping the license and operating of the business as they have represented to Council. Dunlop asked that Council condition this on compliance with both health and fire ~nspections. There are some con- ditions that have =o be taken care of. Councilman Parry moved ~o approve the transfer conditioned upon the health and fires inspection; seconded by Councilman Wishart. Councilwoman Johnston said this should also be conditioned upon the operation being kept within the framework they have outlined. All in favor, motion carried. CPR TRAINING - Request for funds Request for funds Jim Martin, president of the Board of Realtors, told Council he came to withdraw the CPRtraining ~ request for funding. This is a very worthwhile program and they are trying to fund it entirely on their own. APPROPRIATION REQUEST - Trip to Washington D.C. to accept Keep America Beautiful Award Appropriation Mayor Standley told Council the City has won thrid place in their category of the Keep Request - America Beautiful contest. The awards ceremony will be held in Washington D.C. on Trip to Washing- December 7. Mayor Standley said he would like to take along Captain Clean and perhaps ton D.C. to one other members of the Pride in Aspen board. This trip will be around $450 per person. accept Keep Mayor Standley said the Council travel budget will be paying for him. Mayor Standley America suggested Aspen take the posters and t-shirts along. Councilwoman Johnston said she Beautiful Awerd appreciated the work done by everyone, and suggested that Tom Dunlop might be a good person to go to Washington. He submitted the entry and is greatly responsible for the fact that Aspen got the award. Councilman Wishart moved to appropriate the money for travel funds for Captain Clean and Tom Dunlop; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Johnston noted all the recylcing bins are gone. Dunlop said they are just taking aluminum now, nothing else. SCULPTURE CONTEST AWARDS ~.~all Sculptu~re Mayor Standley reminded Council this was discussed at a budgen meeting, and Jeffrey Sachs contest aw-~rds had submitted a letter requesting these funds. The funds were appropriated. Sachs told Council they had appropriated money to persons who received an award from the judges for purchase of sculpture. There was also prize money, which was not approved. Sachs said %hey felt a strong moral obligation to the sculptors who were awarded prizes. Finance Director Butterbaugh said the City had paid $6350; Sachs is asking for s1500. There will still be $2500 to cover the commitment for nex= year. Sachs noted the City's budget for next year is for a fountain. He had addressed the Foundation for the Arts to raise additional money for sculpture. Councilwoman Johnston moved to commit an appropriation for these awards; seconded by Councilman Van Ness. Ail in favor, motion carried. BUS AGREEMENT/ASPEN CLUB H. J. Stalf told Council he had been out of town and did no~ really mean for this to be on the agenda. The agreement is only in draft form. City Attorney Stock, Ashley Anderson Bus Agreement and Stalf have met and made a lot of revisions to the contract. Stalf asked this be tabled to November 13th. Service is scheduled to start on November 18. There will also Aspen Club be an agreement with Aspen Highlands to off set the extra service to Mountain Valley. The City is currently running a service to Mountain Valley at a cost to the City. Stalf is proposing to increase the service and have the cost shared by Aspen Highland and the Aspen Club. Councilwoman Johnston pointed out this agreement, as written, has all the benefits going to the Aspen Club; they can cancel anytime they feel like it; the contract goes on for five years without looking at the value of the dollar. Councilwoman Johnston said the City should watch for the precedent of the City proviaing service to a private establish- ment. Stall said this bus is not expressly for Aspen Club; residents do benefit also. Stalf told Council he would rework thi~ and bring it back. Councilman Isaac moved to table action on the agreement until resubmitted; seconded by Councilman Van Ness. All in favor, motion carried. SUBDIVISION EXEMPTION - Melnick Richard Grice, planning office, told Council this application came to the planning office Subdivision in May 1977; went through P & Z. The applicant requested it not go before Council becauseExemption - of the park dedication fees, which are no longer required. Now the application comes Melnick under Ordinance 53. Mayor Standiey suggested tabling this as there are no representatives, tabled Mayor Standley pointed out he did not feel Tam Scott should De appearing before the City Council, as he is also Municipal Judge. Councilman Parry moved to table and have the planning office contact the application; seconded by Councilman ~saac. All in favor, motion carried. REVIEW PLANS FOR ROL~ CROSS BUILDING J/~..Reer~s~aid · review this evening is primarily because of issues raised at the time oi application for a building permit, as well as conditional use approval before P & Z. Holy Cross Reents said in discussions with Mahoney, Stock and himself, it was decided Council should Building - have final approval on this project. The total expenditure of this projec~ is $40~,716, plans of which so far $125,000 has been committed. Council took action at the ~last meeting to agree to accept another $100,000 from Nick DeWolfe. There is a cloud on the title of the property. The County has some clain to some of the property that used to be an island. The County is willing to reach an agreement with the City to quit claim deed that parcel for a small parcel to straighten up the line behind the Courthouse. Reents pointed out a memorandum from Jenifer Cart which states the maximum insurability under the flood plain is $100,000. There is a question of whether the additional building can be insured. Reents said there is a clause within flood insurance program stating not more than $500 worth of art work can be insured. Stock feels this can be addressed. The HPC reviewed the project, as Council charged an investigation of historic designation. Larry Yaw was present with Phillip Yenawine, director of the Arts Center. Yaw said the site has been planned in such a way that in the future the portion of the building that has been added on to the original will serve as a node to future expansion. Future epxansion is planned to occur away from the flood plain so that the entire complex will open onto the sun, mountains and pedestrian entry. The configuration of the space inside the main space in the old building will be used as a primar~ gallery. One of the strong design objectives is to maximize gallery space and minimize suppor~ space. The new second level will be secondary gallery and administrative offices. Yaw told Council the foundation of the building will accommodate the new load without supports. The roof will be what it is now, galvanized metal. There is a landscaping plan and the majority of the site will be landscaped. The windows are being left exactly as they are. All the elements which have historic significance are left alone. Yaw said the members of the board who are familiar with construction have tried to make the con- struction dollar count. Yenawine told Council only part of the building is in the 500 year flood plain. The historic character has been a concern as the project has been developed. Yenawine told Council the HPC would have preferred a more modern addition to this to separate the old from the new. Yenawine said they had been working under the impression to keep the addition innocuous and unnoticeable. Stock told Council since part of the property is in the flood plain there are restrictions to getting certain approvals. Stock said for any likely damage to contents, the City will shift the burden to the lessees. The City as lessors are still responsible for any non- insurable portion. Councilwoman Johnston said it was her recollection that any Federal grant money has requirements with regards to the flood plain. Stock said yes, the building cannot be in the 100 year area. Reents told Council John Stanford has discussed federal grants with people in Denver. They feel with the modifications made and the change in use, it is very unlikely that the building will every qualify. Reents told Council he felt there is a benefit to the City in designating the building Historic at the local level. The building is a valuable landmark. The Visual Arts Board is willing to encor- porate into their total program a collection of old photos showing the history of the structure. Yenawine told Council the Holy Cross people are moving out the end of the week, and the Visual Arts Board hopes to have the building open June 9. Yaw told Council they needed some kind of approval to get a building permit. Councilman Isaac moved to approve the construction program for the Holy Cross building and to request the City Manager's office to undertake securing the proper permits for con- struction; seconded by Councilman Parry. All in favor, with the exception of Councilwoman Johnston. Motion Carried. Councilman Wishart moved to authorize the electrical contractor to go ahead and do $10,000 worth of work now to affect substantial savings- seconded by Councilman Isaac~ All in favor, mot!on carried. SUBDIVISION EXEMPTION - Melnick Grice told Council Ordinance ~53 requires the application to demonstrate nominal displace- Subdivision ments of the tentants. Danielsen has talked to the tentant and the price has gone up so Exsmption- that she cannot afford it and she will probably be displaced. Grice recommended denial Melnick based on tenant displacement. A letter was delivered to Council from the tenant stating tabled she does not feel her displacement should be a reason for denial. Grice pointed ou~ he felt the tenant is caught in the middle as a friend and a tenant. Grice stated he has been getting two different stories. Grice said he felt it would be appropriate to table this until the tenant can be talked to. Tam Scott, representing the applicant, told Council he had talked to the tenant off and on and had explained this subdivision would enable her or somebody else to buy the unit. Scott said he had urged his client to reach a.sales price, although one has not been reached. Scott said he did not feel that the tenant's problems-in buy the unit should be the inter- fering factor. Melnick bought the duplex several years ago, lived in it himself, and the current tenant has lived there two years without a written lease. Mark Danielsen told Council the original application was to be a request by Troobnick, the tenant, to buy the unit. It looks now as if 3 or 4 people would be displaced. Danielsen said he would like to see this tabled until an agreement can be reached between Troobnick and Melnick. Councilman Isaac moved to table the application; seconded by Councilwoman Johnston. Scott said this is like forcing someone to contract with another person. Councilman Wishart pointed out without a lease, the owner can kick the tenant out within 30 days. City .\ Attorney Stock said his position is that any citizen of the City of Aspen can report any violation of City ordinances to the proper authorities. The City will take action immedi- ately on behalf of the citizen. Many of the City's ordinances can not be enforced without the public bringing these to the City's attention. Mayor Standley told Scott to communi- cate the Council's thinking to his client and have this resolved before it is addressed again. All in favor, motion carried. ORDINANCE #34, SERIES OF 1978 - Annexing and Rezoning Aspen Club Mayor Standley opened the public hearing. Ashley Anderson told Council he has a proposed Ord. 34,1978 agreement with Stock and Dave Ellis. ~nderson said Ellis wants the right to have a road ~Annexing & go in somewhere, to be decided by the developer and Ellis, if and when there is develop- Rezoning ment on the property. Jim Reents told Council the reason Ellis is not specifying an exact Aspen Club alignment is there is no detailed topographical map of the site, and he is not sure whether to upgrade Ute Avenue to 60 or 80 feet. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance #34, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~34 (Series of 1978) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO; AND FOR THE ZONING OF SAID TERRITORY was read by the city clerk. Councilman Parry moved to adopt Ordinance ~34, Series of 1978, on second reading; seconded by Councilman wishart. Roll call vote; Councilmembers Van Ness, aye; Wishart, aye; Parry, aye; Johnston, nay; Isaac, aye; Mayor Standley, aye. Motion carried. ORDINANCE #36, SERIES OF 1978 - Defining subgrade and calculation of FAR Ord. 36, 1978 Mayor Standley opened the public hearing. Ms. Smith, planning office, told Council a Defining basement is defined as anything 50 per cent or more below grade. If it is partially under- Subgrade and ground and has windows, it can be used. Any portion of the below grade area that is open Calculation to the sky counts. Jeffrey Sachs pointed out people who want to avoid the FAR calcula- of FAR tions will build submerged basements. This might encourage people to build ratholes, and then people will rent them. This is a safety hazard. Councilman Parry said he felt this is not a necessary ordinance, and just makes it more difficult to build anything. Ms. Smith said this ordinance should control massing and usable floor area. The ordinance was written to clarify a word already in the code. This definition will affect S/C/I, NC, cffice, lodge and R/MF zones. If the FAR Is adopted in the residential zones, it will also affect them. Mayor Standley suggested that if people wanted to have basements, t~ey be allowed to have them and it be included in the FAR. If they don't Want basements for commercial uses or housing, and wanted to have windows, Mayor Standly suggested a provision that allows this and deed restricts it. City Attorney Stock said if the Council wanted to encourage base- ments, at the time the adopt the residential FAR, the Council may simply exclude basements from the FAR calculation in residential districts. This would avoid the argument that there is a benefit to get more space by having it entirely covered. Stock said this definition makes sense in every district but residential. When the Counci~ creates the FAR in residential, the can specifically say basements as well as sub-grade areas are not counted. The definition of basement is a floor which is at least 50 per cent under ground. If anything sub-grade or basement is considered for FAR, they are likely to build a basement to get light. As far as the slope, it could be looked at the entire wall area. If half is entirely closed and half is entirely open, it would still be a basement. Council agreed to deal with this in the residential FAR ordinance. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance #36, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~36 (Series of 1978) AN ORDINANCE AMENDING SECTION 24-3.1 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A DEFINITION FOR "SUBGRADE" AND AMENDING SECTION 24-3.7(e) (1) WHICH PROVIDES FOR THE INCLUSION OF AREAS UNDER A HORISZONTAL PROJECTION OF A ROOF OR BALCONY IN THE CALCULATION OF FLOOR AREA was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~36, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Isaac, aye; Johnston, aye; Wishart, aye; Van Ness, nay; Parry, aye; Mayor Standley, nay. Motion carried. ORDINANCE #37, SERIES OF 1978 - Density Reduction Formula Mayor Standley opened the public hearings. Joe Wells, planning office, told Council they were bringing this ordinance because there has been diffculty interpreting the present regulations, and they feel this is more Crd.37, 1978 interpretable. Wells proposed to takes the site, based on the best topographical map Density available and make a determination of the density based on lands between 0 and 20 per centReducti°n slope; 21 and 30 per cent slope; 31 and 40 per cent slope, and lands in excess of 40 per ~ Formula cent slope. Lands between 0 and 20 per cent receive full density; lands between 20 and 30 per cent get 50 per cent density; lands between 30 and 40 per cent get 20 per cent density. All lands in excess of 40 per cent get no density credit. Using this new formula on existing projects, one would have been reduced from 5 to 3 dwelling units. Wells said the language between the two ordinances is similar. On lands in excess of 40 per cent, which is considered for development only on approval of the P & Z. Mayor Standley pointed out building on slopes could be very attractive, but the road cuts are very offensive. Wells agreed that road cuts are a severe problem. Mayor Standley suggested the planning office develop another ordinance to take through P & Z to deal with this. Jeffrey Sachs said that someone with land between 20 and 30 per cent could have reductions so that they could not have any development. Someone in excess of 40 per cent would have the right to go through P & Z and build. Wells said he felt that development on slopes in excess of 40 percent might no be an appropriate development area. Wells entered a letter in support of the ordinance from Oates, Austin and McGrath. Mayor Standley closed the public hearing. Councilman Wishart moved to read Ordinance #37, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~37 (Series of 1978) AN ORDINANCE AMENDING SECTION 24-3.18 OF THE ASPEN MUNICIPAL CODE TO ESTABLISH A SLOPE DENSITY REDUCTION FORMULA was read by the city clerk Councilwoman Johnston moved to adopt Ordinance ~37, Series of 1978, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Wishart, aye; Isaa, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. Council directed Joe Wells to take the problem of dealing with slope and road cuts to P & Z process. RESOLUTION ~22, SERIES OF 1978 - Supporting Night Flights Councilman Isaac moved to read Resolution #22, Series of 1978; seconded by Councilman Parry, All in favor, motion carried. i Res. 22,1978 RESOLUTION #22 In Support of (Series of 1978) Night Flights WHEREAS, we, the Council of the City of Aspen, believe that the failure to provide convenient air service to this community will seriously damage the economy of Aspen; and WHEREAS, growth and its adverse impacts are more appropriately addressed directly, specifically within the Pitkin County/Aspen Growth Management Plan; and WHEREAS, many of those who are unable to obtain convenient air service are likely to resort to rental cars for transportation, the decision to restrict air service to this community will work in opposition to the auto disincentive program of the City of Aspen together with the City's goals in reducing air pollution; and WHEREAS, the public has the opportunity to voice its opinion on this issue which is so vital to the general economy of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That we encourage the public to exercise their right to vote on this issue at the general election to be held November 7, 1978. 2499 Regular Meeting Aspen City Council October 23, 1978 Section 2 ~hat we endorse and recommend the approval of year-round commercial air  service to the community until 8:30 each evening was read by the city clerk p.m. Councilman Isaac moved to adopt Resolution #22, Series of 1978; seconded by Councilman Wishart. Councilman Van Ness said he felt that "seriously" damage the economy was an exaggeration. Councilman Wishart agreed the language was excessive. Council agreed to take out "serious- ly''. Council agreed to take out "so" vital to the general economy. Councilman Isaac accepted the amendments to Resolution ~22; Councilman Wishart accepted the amendments. All in favor, with the exception of Councilman wishart. Motion carried. RESOLUTION #23, SERIES OF 1978 - Weather Modification Hearings Councilman Isaac~moved to read Resolution #23, Series of 1978; seconded by Councilwoman Res. 23, 1978 Johnston. Weather Modification Mayor Standley pointed out the concern at the last meeting was that the City have input to Hearings the hearing process. This resolution says that the Council is against weather modifica- tion and don't want it done. The Council said they would not put funds into this. Councilwoman Johnston requested developing a state method for public input. Mayor Standley said there is a public hearing process already established. Councilwoman Johnston said if this is so, the City was not informed. H.J. Stalf told Council last year the State was required to post notification in all counties and municipalities and to notify the County Commissioners. Mayor Standley suggested finding out the facts; Council did not choose to invest money in weather modification in Pitkin County. Mayor Standley asked the staff to find out if there is to be a public hearing, and when it is. ORDINANCE ~39, SERIES OF 1978 - Condominiumization Policy City Attorney Stock told Council this was not for action but merely for information. Ord. 39,1978 Councilman Parry moved to table Ordinance %39, Series of 1978; seconded by Councilman Condc~iniumiza- Wishart. tion Policy ORDINANCE %40, SERIES OF 1978 H, Historic Designation of the Holy Cross Building Ord. 40, 1978 Councilman Isaac moved to read Ordinance ~40, Series of 1978; seconded by Councilman H designation Wishart. All in favor, motion carried. /~of Holy Cross · building ORDINANCE ~40 ~ (Series of 1978) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE HOLY CROSS ELECTRIC WAREHOUSE BUILDING was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~40, Series of 1978, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Isaac, aye; Johnston, aye; Van Ness, aye; Wishart, aye; Parry, aye; Mayor Standley, aye. Motion carried. RESOLUTION #24, SERIES OF 1978 - Commercial Allotments GMP 1979 Mayor Standley said this resolution is that P & Z went through and made allocation recom- mendations and then ratified their own work. Mayor Standley reminded Council he was Pss. 24, 1978 appointed to the Independent Commission and was not invited to participate in this Ccnm~-rcial process. Allo~entsto f~4P- 1979 Councilman Parry moved to takle Resolution ~24, Series of 1978, pending clarification; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Wishart moved to adjourn at 8:10 p.m.; seconded by Councilman Parry. All in favor, motion carried.