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HomeMy WebLinkAboutminutes.council.19780522 Regular Meeting Aspen. C~. Council May 22, 1978 ~ Mayor Standley called the joint meeting to order at 4:10 PM with Com~nissioners Child, Kinsley, Edwards, Couneilmembers Behrendt, and Johnston present. Also present were City Manager Mahoney, County Manager Ochs, County Attorney Stuller and City Attorney Nuttall. 1. 2q8 Water Quali~ ~anmgement. Plan. Tom Glass of Crested Butte and Phil Overender, Coordinator, are present to discuss'the proposed Management Plans and Alternatives. The COG will be h~lding a vote to determine the type of Management Plan for this area. 208 Water The question at this point is what type of Management Agency is appropriate for Pitkin Quality County. Commissioner Child had not agreed with the vote taken by the C~G in February ~%%nagemen% and Pitkin County is not in agreement with the majority who wanted the County to be the Plan Management Agency in Water Quality, Vail held a meeting similar to this last week and they decided that there were clearly matters that were a County interest, but that there were matters that the City of Vail wanted to have an equal voice on. This was m&inly in receiving construction grants from EPA, Facilities type of grants, sewage treatment type grants. If there is no agreement between the counties and the municipalities here, it will rest with the governor's decision. Phil Overender further discussed what the Water Quality Management program is. The Clean Water Act of 1972 set up a process where regional and local agencies could be funded to develop plans to either clean up the water or keep the water we have clean. The plans he reviewed covered 9,000 square miles and six counties in Colorado. There are 93 stations over this area for reporting water quality problems and judging the effect of land use on the quality of water. They are recommendin§ different management policies in different areas due to differences in the land use factors. Manager~Mahoney recommended the adoption of Alternative II as opposed to Alternative I, which gives the CoRnty direct management responsibility, The Alternative II is a com- promise between the City and County, whereby the City Ks responsible for City areas, and the County is responsible for anything outside the City area. Manage~ Mahoney further explained that the City is going to purchase the Sanitation District plant to process the storm run off, and he doesn't feel it appropriate for the County to now step in at this time and receive funds. He strongly feels that they can continue to be as effective as they.have in the past. The Planning Office acts as a coordinator between t~e City and County and makes recommendations from that position. County Manager Ochs asked if the policies can be varied between the counties, not just one over-alL policy. Heiko Kuhn, Citizen, felt that every county in this COG district is different and have different priorities. Mayor Standley suggested modifying the approval process to a multiple choice whereby a county could adopt whatever management system it wanted and then set a date they must comply~ That way the counties would have local options. Commissioner Edwards feels that there has to be some entity with control over and to maintain the different programs, such as: Snowmass, Aspen, Redstone, etc, Otherwise they will end up working against each other. The Members of the City Council were generally in favor of ~oting favorably on Alterna~_'. rive IA, which is basically a totally joint management by City and County on an equal basis. Councilman Van Ness entered the meeting. 2. Bus Agreement. Harold Stalf, Transportation Director, discussed the Bus Agreement between the City of Aspen and the Aspen Ski Corp, There have been some changes made since this was reviewed at the May 8th meeting. The Ski Corp will pick up the drivers cost above $5.50 per hour. They asked that we limit that increase to the percentage Bus Agreement increase listsd on the consumer price index for that year. He feels this is a fair With ski Corp request. The second change is that the Ski Corp has asked to pay the insurance costs for the next five years. There is a $50.00 charge listed per year in the lease agree- ment, which Tom Richards of the Ski Corp stated was included just to make the lease effective, ~ntercept parking will be available only on an emergency basis, This is because this would invalidate the Ski Corp lease with Pfeifer. Councilman Behrendt moved to approve the lease agreement with the recommended changes, seconded by Councilman Van Ness. All members in favor, motion carried. Councilwoman Johnston questioned the clause in the lease agreement dealing with the commencement date of this bus service. The date in the lease is Thanksgiving day, 1978, There is a clause in the agreement which protects the City if the buses are not deli- vered on time. 4. Bus~Re~es~ Deaf Camp Picnic. Harold Stalf stated that they would like Co try to run one-.City Bus and one County Bus to the Deaf Camp Picnic, which would greatly alle- viate the traffic problem on the road. The charge would be~$1,00 per person on a · reservation basis. This will be a trial basis to see if the buses can even get up the Bus ~quest for road. Deaf CampPicnic Councilman Van Ness moved to provide one bus each from the City and County for the Deaf Camp Picnic. Commissioner~Kinsley seconded, with all members in favor. Motion carried. Ms. Smith of the Planning Office introduced Chuck Stewart to the Council and Commission- ers. Stewart will be acting as the Transportation Planner/Coordinator, 3. Open space Advisory Board. Ms. Smith requested tabling this matter. This was done 3r on the grounds that the requirements for sitting on this borad are felt to be too strin- gent, and have no flexibility. Ms. Smith will draft a letter to the PCPA requesting more nominations and a broader basis for selection of this board, iiOpen Space ~dvisoryBoard Commissioner Child so moved, seconded by Councilwoman Johnston. Child would like to see someone from downvalley apply for a seat on this board. All members in favor; motion carried. 5. Ambulance Budget Request - 24 hour emergenc~ service. Councilwoman Johnston moved to table this item as there is no representative here to discuss this request, Council- man Van Ness seconded, with all members in favor; motion carried. Ambulance Budget Request 6. Skateboard Issue. Mayor Standley stated that the City also has a problem with the skateboards, and there are two Ordinances in this packet which address this issue, The members discussed the different areas where this outdoor sport might take place. Mayor Standley stated that they had tried to direct this to the property below the new Eagles property but this did not work. He further stated that the applicants had been advised Skateboards to draw up a program to present to Council for discussion. They have not done so, Manager Mahoney stated that they have been allowing the kids to skateboard by the Teen Center down South Aspen Street. This will be addressed at length during the regula~ Council meeting. COUNCIL MEETING MINUTES Councilman Behrendt moved to approve the minutes of the May 8th meeting. Councilwoman Johnston seconded this motion. All members in favor, motion carried, ACCOUNTS PAYABLE Councilman Van Ness moved to approve the Accounts Payable, This was seconded by Council-!i man Behrendt, with all members in favor; motion carried. CITIZEN PARTICIPATION There were no comments from the general public. COUNCILMEMBER COMMENTS Councilwoman Johnston discussed the recent acquisition by the City of bicycles for employee use. However, there will be a cost of $50 to get the bikes in running condi- ~icycles for tion. Manager Mahoney further stated that the Police Department will acquire two Mopeds !~ity use for use by employees and the Police Department personnel at Dealer cost, Councilman Behrendt stated that several citizens have approached him about reconsidering Fireworks - the decision on not having fireworks this 4th of July, He suggested following through 4th of July just as we have in the past, have them out of Wagner Park but for only a half hour and no liquor sold. Mayor Standley suggested this be addressed as an Agenda item at the next meeting. Mayor Standley told the members that Captain Clean has been hired. They are starting a program in the schools to get all the youngsters involved in this clean up program. Pride in They have been passing out posters, Captain Mayor S%andley requested that a new flag be acquired for City Hall. Manager Mahoney Clean stated that one has been ordered and should be here in a few weeks. P & Z Mayor Standley requested that the P&Z residency question be removed from the Agenda due resignation to the resignation of the member in question. Baranko Police Chief Martin Hershey presented a preliminary program for the juveniles with drug problems. Dr. Brauckman is an educator an the field of drug education, and Hershey is Drug program requesting both financial a~d moral support from the Council for this program in the elementary schools. Councilwoman Johnston stated that if the program as going to be developed in the schools, the School District should be asked (and possibly the ABI) to contribute funds toward this cause. RED ONION RESTAURANT EXTENSION Lary Groen is present to represent the Red Onion in its application to extend their serving onto the pedestrian mall. Their arrangement will be the same as last year. Restauran~ Councilman Behrendt moved to approve the application by the Red Onion for extension extension into into the pedestrian mall, with the 6% increase as stated in the Mall Lease Agreement. m~lL - Councilwoman Johnston seconded this, with all members in favor; motion carried. Red Onion ENERGY FORUM This is a request by the Roaring Fork Resource Center for the City to pay tuition for any interested City employees to attend the Energy Forum which begins May 26th, through Tuition for the 28th. The cost per employee is $30.00. Anne Oakes answered brief questions by the city employees councilmembers. Energy Foru~ Councilwoman Johnston moved to approve this budget expenditure. Councilman Van Ness seconded, with all members in favor; motion carried. NOW RESOLUTION Mayor Standley stated that he had met with Charlotte Walls and Julie Hane last week to discuss his concerns with the original Resolution presented at the last Council meeting. Now Reso. Julie Hane stated that there was supposed to be a Resolution from the Democratic Party supporting supporting this NOW Resolution in the packet but it is not there. The changed Resolu- ERA boycott tion does allow transportation to or business in those states not having ratified the of states not adopting ERA, but they can take a copy of the Resolution with them to the meeting stating a boy- cott of that state's business and the reasons. This Resolution expires upon the adop- ERA tion of the ERA, or expiration of the ERA. Council Behrendt stated that originally, he felt this was ineffective, but in checking and doing research on this subject, he has found that the boycott does indeed h~ve effect in those states and is causing chaos. Councilman Behrendt moved to read Resolution 10, Series of 1978. Councilwoman Johnston seconded this motion, with all members in favor, motion carried. The R~solution 10, Series of 1978, was read by the Deputy City Clerk. RESOLUTION NO. 10 (Series of 1978) WHEREAS, inclusion in the Constitution of the United States is the basic right of every citizen, and WHEREAS, women have been and continue to be excluded from the Con- stitution, and WHEREAS, the City of Aspen views this exclusion of over one half of the population of the United States from the protection of the Constitu- tion as intolerable, and WHEREAS, the people of the State of Colorado have spoken in fauor of the Equal Right Amendment but are being denied the benefits of it because of the failure of three states to ratify, and WHEREAS, at the present time, the following states have not ratified the Equal Rights Amendment: Nevada Utah Arizona Illinois Missouri Oklahoma Arkansas Louisiana Mississippi Alabama Georgia Florida South Carolina North Carolina Virginia, and Regular Meeting Aspen City Council May 22, ±97~ WHEREAS, many organizations have adopted a policy of holding con- ventions only in states which have ratified the ERA, thus providing incen~ tive for other states to do the same, and WHEREAS, the Aspen City Council has been requested by the National Organization of Women to do the same, which, with certain limitations, the Council is willing to do, NOW, THEREFORE, BE IT RESOLVED by the Aspen City Council of Aspen, Colorado, that from and after the effective date of this resolution, no City of Aspen monies shall be spent on out-of-state travel, food or accommodations for City officials or employees who attend meetings or conventions in states which, at the time of the meeting or convention, have not ratified the Equal Rights Amendment. BE IT FURTHER RESOLVED that this prohibition shall not apply with respect to those expenses incurred (1{ in the extradition or other deli- very of prisoners or (2) by City personnel or officers engaged in business found by the City Council necessary for the administration of City govern- ment (provided, however, that the official or employee has made reasonable attempts to change the place of meeting and that the persons participating in the meetings will, where appropriate, present a resolution mandating the organization to hold future meetings in ratified states). BE IT FURTHER RESOLVED that the resolution shall expire on March 22, 1979, or on adoption or expiration of the Equal Rights Amendment, whichever first occurs. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the various City officials, department heads, and City agencies, as well as to the Governors of the states identified above which have failed, at this time, to ratify the Equal Rights Amendment. Councilman Behrendt moved to adopt Resolution 10 upon first reading. This was seconded by Councilwoman Johnston. ~anager Mahoney feels that this is incorrec~ and does not agree. He does not feel it is constitutional to disrupt the commerce between one state and another. However, Council- woman Johnston feels that this boycott comes under the same jurisdiction as the grape boycott, or a strike against those states. The question was called, with all voting members in favor, motion carried. WHEELER OPERA HOUSE COVENANTS Jenifer Carr is present today to discuss the covenants on the Wheeler Opera House with the Councilmembers. Mahoney has assigned various staff members %o coordinate on various Wheeler Opera parts of this building project, since the disbanding of the Wheeler Task Force. Tom ~buse Jones in Engineering; Karen Smith the architectural review; Peggy Carlson the Insurance covenants on the Building; and Jenifer Carr to research grants and federal or state funds available. The addition on the west side of the building for the elevator was discussed. Ms. Carr noted that this will have to be done. Councilman Behrendt moved to approve the covenants. This was seconded by Councilwoman Johnston. Councilman Van Ness seemed apprehensive about the agreement, but was assured by Ms. Carr that all was in order. All members in favor, motion carried. Ms. Carr and Manager Mahoney will request a work session with Council and any of their questions still outstanding at that time can be answered in full. EMPLOYEE APARTMENT REQUEST - Don Simpson Bill Jordan is representing the applicant, Dr. Simpson, in his application to certify a "bandit" condominium unit in the Koch Townhouses. This unit was built several years iEmployee apartment without City approval, but was included in the plat and condominium declaration. At the request (Simpson) present time the unit is unoccupied and is unuseable because of the zoning violation. ~"bandit unit" Dr. Simpson is requesting to use this unit for employee housing. Dr. Simpson would agree to the six month rent requirement, and was further asked to agree to not rent ~he unit to anyone who was not a "working resident". He also agreed to the ninety-day notice requirement and right of first refusal by the tenant. Sanatarian Dunlop has no problems with this request. This question was further discussed by City Attorney Nuttall as this will be setting a precedent for legalizing of other "bandit" units existing in the area. Ms. Nuttall requested the adoption of a general policy to legalize "bandit" units. Councilman Behrendt so moved, with Councilman Van Ness seconding. Mayor Standley reiterated the requirement for renting only to working residents. Councilman Behrendt suggested a~ this point that the applicant waive right to protest on the policy established by this Council for one year, or until next June. Dr. Simpson and his representative were in agreement with this. City Attorney Nuttall will draft an agreement including all these requirements and constraints. All members in favor of the motion by Councilman Behrendt. Motion carried. GRASSROOTS - Request for budget - Candi Harper Candi Harper is present to discuss disbursement of funds allocated to the Grassroots Network during budget hearings in 1977. They want to use funds to do a transportation Grassroots show and also a live program hosting City officials. They have done this type of pro- approval of gram with the County for the past two years and it has been very successful, budget Councilman Behrendt moved to approve this reques~ by Grassroots, seconded by Council- woman Johnston. All in favor, motion carried. Le CABARET - Purchase and Sale and Transfer of License Art Daily is present to represent the applicant John Barber for Purchase and Sale and transfer of the liquor license for LeCabaret. Mr. Barber is dba Entertainment Durant, Inc. He owns controlling interest in this corporate venture. Daily discussed the re- sponsibility of outstanding debts left when the previous holders of this license de~ Le Cabaret faulted. Ebrahim Siani, who will own a small percentage of stock in this venture, and purchase and is the landlord of the premises, has been helping accumulate any and all outstanding sale debts. Daily stated that they have sent letters to any and all claimants they are aware of, asking them to state their claim. These debts will be paid. Mayor Standley, at this point in the hearing, pointed out to the applicant that there are frequent infractions of the liquor laws by various liquor serving establishments in this City. Two of the main infractions deal with: full meals must be served on the premises between the hours of 10 AM and 11 PM, and that food must be served in any area where liquor is served, even the bar area. That if these constraints are no~ met and maintained, the applicant stands liable for loss of this liquor license. Barber discussed the business operation with the members; it will be a dinner and show operation. Barber further explained that during the season, they will be doing a break- fast show and lunch. Sanitarian Dunlop stated that the applicant has submitted plans to both he and the building department and is aware of their recommendations. He is not aware of any out- standing problems. Councilman Behrendt moved to approve the transfer of the liquor license for Le Cabaret to Entertainment Durant, Inc. Councilman Van Ness seconded. All members were in favor, motion carried. CITY ATTORNEY APPLICATIONS City Attorney Nuttall has resigned her position, and applications for this position were City Attorney closed last week. However, she has been asked to remain at least until the end of June, applications or until a new attorney ~s hired, at .the City's ~xpense. Councilwoman Johnston doesn't agree with the openended policy. Mayor Standley suggested limiting the monthly expense to $300.000. Councilman Behrendt moved to officially request City Attorney Nuttall to remain on the 3ob through June at $300.00 for lodging costs during this time. Councilwoman Johnston seconded, with all members in favor. Motion carried. SOUND LEVEL MEASURING EQUIPMENT Sanitarian Dunlop feels that the equipment the City now has is inadequate, and that many Sound level of the regulations imposed the sound levels the by City regarding (such as snowmaking, n~asuring Paragon outside serving area, etc.) will require more adequate equipment. He is re- equipment questing $900.00 for purchase of new equipment. Finance Director Butterbaugh stated that there are funds available in the Council budget if they wish to direct the cost from that area. Councilwoman Johnston moved to provide the equipment requested by the Sanitarian for purpose of measuring sound out of the City Council budget. This was seconded by Council- man Behrendt. Ail in favor, motion carried. ~SPRING STREET ASSOCIATES - Encroachment John Kelley stated that there have been some changes made since the original application Request for for this encroachment: the site plan has been revised and the building has been relo- encroachment cated four (4) feet further to the south to enable them to build a single stairway on Spring S~. the Spring Street side of the building, but will still be partially on the City right- Associates of-way; ~n the event the City should require removal of the encroachment for whatever reason, such removal and construction of the alternate access stairway shall be accom- plished sole at the expense of the Spring Street Associates. They have also complied with the encroachment license provisions set forth by Dave Ellis, Engineer, in which it states such license is with the discretion of Council and may be withdrawn for any reason at any t~me. Councilman Van Ness withdrew his vote in this issue due to conflict of interest. The Building Department and Engineering De~rtment have no problems with this request. ~ Councilman Behrendt moved to approve the encroachment request with standard encroachment indemnifications, seconded by Councilwoman Johnston. The vote was called, with Council- members Behrendt and Standley in favor, Councilwoman Johnston against. Motion carried. CONCEPTUAL SUBDIVISION - Arrowhead Ms. Smith of the Planning Office suggested tabling this application as it is not complete. Subdivision Conceptual Council Van Ness so moved, seconded by Councilwoman Johnston. Ail in favor, application Arrowhead t ab 1 ed. tabled SUBDIVISION EXEMPTION - Cooper & Hymen Apartments Subdivision Mark Danielson, Housing Director, stated that he has not had an opportunity to talk with Exer~ption all of the tenants in that building who signed the condominiumization agreement. Cooper & Hymen Gene Law, owner of ~the two buildings, is present to discuss this application with the Council. He doesn't have a problem if Council decides to table this application so that Danielson can contact the tenants. Mayor Standley stated that he talked with one~ of the tenants, Bill Kane, and that there are some tenants genuinely zn favor of the condominiumization of these units for sale. Councilwoman Johnston moved to table this request pending Mark Danielson's contacting the remainder of the tenants. Councilman Behrendt seconded, with all members in favor, Motion carried. -. ............ m ~pen ~l~y ~ouncl± May 22, 1978 PUBLIC HEARING AND SECOND READING Ordinance #11, Series of 1978, Appropriation for Holy Cross Land Ord. 11,1978 Councilwoman moved to read Ordinance 11, Series of 1978. Seconded by Councilman Appropriation Behrendt. All in favor, motion carried, for Holy Cross land The Ordinance was read by the Deputy Clerk. ORDINANCE ~11 Series of 1978 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $100,000 FROM PRIOR YEAR UNAPPROPRAITED SURPLUS ELECTRICAL DEPART- MENT FUNDS EOR THE PURPOSE OF HOLY CROSS LAND ACQUISITION, Councilwoman Johnston moved to adopt Ordinance 11, series of 1978, on second reading. Councilman Behrendt seconded. Roll call vote: Councilman Van Ness aye; Councilman Behrendt aye; Councilwoman Johnston aye; Mayor Standley aye. Motion carried. CITY MANAGER 1. Skateboard Contest Manager Mahoney stated that the Aspen Foundation for the Arts has requested a dual slalom race and to close the street by Wagner Park (Monarch) June 3rd at 10:00 AM. The members Skateboard briefly discussed this request, but did not feel that it would interfere with any of the Contest daily activities in that residential area. They have the waivers and insurance. Councilman Behrendt moved to close the street by Wagner at 10:00 AM on June 3rd as re- quested by the AFA. Councilwoman Johnston seconded, with all in favor, motion carried. 2. Hazardous Sidewalks Dave Ellis, City Engineer, is present to discuss the condition of the sidewalks in the area bounded by Durant, Garmisch, Main and Original Streets. He cited section 19-103 and 104 of the code which requires owners to maintain the sidewalks abutting or ser- Hazardous vicing his premises. Ellis stated that in the pas5 the City has ended up doing the Sidewalks work and putting a lien on the proper~y of the owner. Ellis has assessed the work that needs to be done, which should cost around $17,000. The City will proceed against the offenders. Ellis was directed by Council to contact the offenders as a public relations type project. 3. Golf Course Report Manager Mahoney gave a report on the development of the Golf Course. The contract was ~ given to Nick Semens from California. He has a good background in building golf courses. They started construction two weeks ago, so they cannot tell yet whether they are on Golf Course time or on budget. Manager Mahoney reviewed the basic plans with the Councilmembers. report The existing watering systems will be hooked up and incorporated into the new watering ~ system. 4. Land Purchase Manager Mahoney requested an Executive Session after the regular meeting to discuss a land purchase option for the City. CITY ATTORNEY - Mayor's Deed - Re~d Rowland Block 49 Attorney Nuttall presented a request from Peggy J. and Harold Rowland for marketable Mayor's Deed title to Lots F, G, H, and I, Block 49, City and Townsite of Aspen. Bowland Councilman Behrendt moved to approve granting of Mayors Deed to the Rowlands for the above proper~y. Councilwoman Johnston seconded, with all members in faovr, motion carried. 2. Ordinance #12, Adopt Insulation Code This ordinance amending the Building Code as required by Senate Bills 159 and 432 re- garding adoption of insulation codes. This amendment will bring the Code into confor- Ord.12, 1978 mance with these requirements.. Adopting Insulation Code Councilwoman Johnston moved to read Ordinance 12, Series of 1978. This was seconded by Councilman Van Ness. The Ordinance was read by the Deputy Clerk. ORDINANCE 12 Series of 1978 AN ORDINANCE AMENDING SECTION 7-141(s) (AMENDMENTS TO UNIFORM BUILDING CODE) BY THE ADDITION OF R-3 BUILDINGS AND STRUCTURES TO SECTION 5302 THEREOF, Councilman Behrendt moved to approve Ordinance #12, seconded by Councilwoman Johnston. Roll call vote: Councilwoman Johnston aye; Councilman Behrendt aye; Councilman Van Ness aye; Mayor Standley aye. All members in favor, motion carried. 3. Ordinance ~13, Park Dedication Fees ~ This ordinance is the provision for payment of Park Dedication fees. Attorney Nuttall explained this ordinance to the members. This ordinance will apply to new residential Ord. 13,1978 construction based on 1% of the market value and the bedroom factor (1% of market value Park Dedication x number of bedrooms). ~es _ Councilman Behrendt moved to read Ordinance 13, Series of 1978, seconded by Council- woman Johnston. All in favor, motion carried. The Ordinance was read by the Deputy. ORDINANCE 13 Series of 1978 AN ORDINANCE AMENDING SECTION 20-18(a) OF THE MUNICIPAL CODE PROVIDING FOR LAND DEDICATIONS OR CASH PAYMENTS IN LIEU THEREOF, Councilwoman Johnston recommended a change in paragraph (7) of this ordinance to read, "...constitutes a bona fide moderate income housing development and/or wishes to sub- sidize its construction..." Councilman Behrendt moved to approve Ordinance 13, Series of 1978, as amended, seconded by Councilwoman Johnston. Roll call vote: Councilman Behrendt aye; Councilwoman Johnston aye; Councilman Van Ness aye; Mayor Standley aye. All in favor, motion carried. 4. Ordinances 14A and 14B, Prohibitin~ certain vehicles on sidewalks Mayor Standley discussed these Ordinances. Ordinance 14A addresses motorized vehicles, 0rd.14,1978 bicycles, skateboards and similar devises on sidewalks. Ordinance 14B addresses only Prohibiting motorized vehicles and bicycles on sidewalks. certain vehicles on Now that MOPEDS are being rented in town by a local business, the problem of people sidewalks riding them on sidewalks has become an issue. There is still a problem also of kids riding skateboards on the downtown commercial area sidewalks and through the mall. After a brief discussion of the alternatives in both ordinances, the members suggested changing Ordinance 14A, to address itself only to the Commercial Core and C-1 Districts, where sidewalk traffic is the heaviest. The members were not adverse to skateboard riding in the residential areas where sidewalk traffic is a~ a minimum. Council Behrendt moved to read Ordinance 14A as amended, seconded by Councilwoman Johnston. ORDINANCE 14A Series of 1978 AN ORDINANCE PROHIBITING MOTORIZED VEHICLES, BICYCLES, SKATEBOARDS, AND SIMILAR DEVISES UPON SIDEWALKS IN THE COMMERCIAL CORE AND C-1 DISTRICTS, Councilwoman Johnston moved to adopt Ordinance 14A as amended. Seconded by Councilman Behrendt. Roll call vote: Councilwoman Johnston aye; Councilman Behrendt aye; Council- man Van Ness aye; Mayor Standley aye; All in favor, motion carried. 5. Ordinance 15, Appropriations to the Land Fund This is an appropriation Ordinance for the Rio Grande and the Pride in Aspen Campaign. Ord. 15, Councilman Van Ness moved to read Ordinance 15. This was seconded by Councilman Behrendt. Appropriation Ordinance 15 was read into the record by the Deputy Clerk. Land Fund ORDINANCE 15 Series of 1978 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE LAND FUND IN THE AMOUNT OF $22,000.00 FROM 6th PENNY SALES TAX REVENUES IN EXCESS OF THOSE ESTIMATED IN THE BUDGET AND TRANSFERRING $44,300.00 TO THE GENERAL FUND FOR THE RIO GRANDE PLAYING FIELD AND LANDSCAPING AND ONE-HALF OF THE PRIDE IN ASPEN CAMPAIGN, Councilman Behrendt moved to approve Ordinance 15, Series of 1978, seconded by Councilman Van Ness. Roll call vote: Councilwoman Johnston aye; Councilman Behrendt aye; Council- man Van Ness aye; Mayor Standley aye. Motion carried. 6. Ordinance 16, Appropriations - Transportation Fund Councilman Behrendt moved to read Ordinance 16. Seconded by Councilwoman Johnston. Ordi- Ord. 16,1978 nance 16, Series of 1978, was read by the Deputy Clerk.. Transportation Fund ORDINANCE 16 Series of 1978 AN ORDINANCE APPROPRIATING $22,500 FROM EXCESS 7th PENNY SALES TAX REVENUES FOR THE TRANSPORTATION FUND, TRANS- FERRING $5,000.00 FROM THE TRANSPORTATION FUND TO THE GENERAL FUND, AND APPROPRIATING $12,870.00 FROM THE EXCESS TRANSPORTATION REVENUES FOR BUS PAYMENTS, Councilman Behrendt moved ~o approve Ordinance 16, seconded by Councilman Va~ Ness. Roll call vote: Councilwoman Johnston aye; Councilman Behrendt aye; Councilman Van Ness aye; Mayor Standley aye. Motion carried. 7. Ordinance 17, Supplemental Appropriations Councilman Van Ness moved to read Ordinance 17, Series of 1978. This was seconded by Councilman Behrendt. Ordinance 17 was read by the Deputy Clerk. Ord. 17,1978 Appropriation ORDINANCE 17 Series of 1978 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FROM UNAPPROPRIATED CURRENT YEAR TRANSFERS AND PRIOR YEAR UNAPPROPRIATED GENERAL FUND SURPLUS IN THE AMOUNT OF $70,600.000, Councilman Van Ness moved to adopt Ordinance 17, seconded by Councilwoman Johnston.' Roll call vote: Councilwoman Johnston aye; Councilman Behrendt aye; Councilman Van Ness aye; Mayor Standley aye. Motion carried. Councilwoman Johnston questioned these appropriation monies and asked why the purchase of the Aspen One Property has not been addressed as a priority before these others, for which Council had thought there were no funds. Ms. Butterbaugh explained that the purchase price of the Aspen One Property was $100,000 and that much they definitely do not have. If the Council or City goes for condemnation procedure, they have to come up with those .2408 Regular Meeting Aspen City Council May 22, 1978 monies l~ediately. This is going to be addressed in the future. Councilman Behrendt moved to adjourn at 7:30 PM, seconded by Councilman Van Ness. All in favor, motion carried. They will break for five minutes and then meet in an execu- tive session. Ellen Atkins, Deputy City Clerk