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HomeMy WebLinkAboutminutes.council.19770912 Regular Meeting Aspen City Council September 12, 1977 Mayor Standley called the meeting to order at 1:07 p.m. with Councilmembers Behrendt, Parry, and Wishart, City Manager Mahoney and City Attorney N~t~l present. MINUTES Councilman Parry moved to approve the minutes of the August 22, 1957, Council meeting; P ~ seconded by Councilman Wishart. All in favor motion carried. ACCOUNTS PAYABLE i Accts. '~lPayable Councilman Wishart moved to approve the accounts payable for August; seconded by Council- man Behrendt. Finance Director Butterbaugh told Council that things were going as expected and that there were no trouble spots. All in favor, motion carried. CITIZEN PARTICIPATION 1. Joachim Wolf told Council that Garmisch-Partenkirchen is hosting the FIS races, Ski World Cup 1978 World Cup in January 1978. Wolf is going to Garmisch and would like to take anybody along who would like to go. The flight will be very cheap, and it would be easy to pun people up over there. The flight would leave January 23 and return February 7. The flight from Denver one-way is $204. If anyone is interested, Wolf can be reached at 925-8649. Mayor Standley reminded Council that Garmisch is Aspen's sister city. The Mayor has had letters from Garmisch inviting people from Aspen over, and this would be a good opportunity to get over there. 2. Georgie Leighton addressed the out-of-date idea of flooding the golf course to get Ground Squirrel rid of the ground squirrels. Ms. Leighton presented Council with a petition with 164 removal signatures against flooding the ground squirrels. The City has talked about rearranging the golf course, and this will take care of the ground squirrels. 3. Dixie Martin requested that Council have a speed bump on Red Butte Drive. This Red Butte Drive road comes off Cemetery Lane and people go about 50 m.p.h, on that dead end road. City speed bump Manager Mahoney said he had problems with speed bumps and wanted a directive from Council to do so. This could mean that people would request speed bumps everyplace, and this should be a policy decision. Mrs. Martin said she had talked to the police department, and they told her it would be unfeasible to put a radar trap on such a small road. ~ayor Standley pointed out one of the problems with speed bumps is a snow plowing main- tenance problem. Mahoney agreed that Puppy Smith would not be wholeheartedly for this, but the point is there would be speed bumps all over. Mayor Standley suggested that Mahoney get with Police Chief Hougland and do radar control on Red Butte Drive. Also Mrs. Martin should get with Mahoney and identify.the general area where the speeders may live and ask the police department to talk to them. If this doesn't work, report back to Mahoney. Aspen Airway 4. Shane McLain, Aspen Airways, asked Council for their support of Aspen Airway's nite flight renewed request for evening flights for this winter. Ms. McLain said they were in complete accord with the airport manager and County's resolution except on the noise impact criteria. This noise level has been set so low it will preclude any airplane coming in. ...... Ms. McLain told Council that Aspen Airways had the support of the Chamber of Commerce, Aspen Reservations, the lodges and local residents. Ms. McLain said she had taken an opinion poll and had 450 names of people who are in agreement that this service is very much needed in the community. Ms. McLain said she felt that ecologically this is the best method of getting traffic into Aspen. Ms. McLain said Aspen Airways would appreciate this support from Council by way of a letter to the Commissioners for their hearing September 26. ~ u~y uouncll September 12, 1977 Councilman Parry moved to have Mayor Standley draft a letter supporting night flights for Aspen Airways; seconded by Councilman Behrendt. Councilman Behrendt asked that the motio~ include Council's reasoning; if there are more planes, there are less cars. Councilman Wishart asked why Aspen Airways did not increase their number of flights a day. Ms. McLain answered they have flights every half hour. The traffic is already stacked up. ~ Dwight Shellman,whose office represents Rocky Mountain Airways, suggested that Council solicit both sides of the issue. Shellman recollected that the desires of the Commission- ers is that the airlines retrofit their equipment and that access be conditioned upon extremely silent aircraft. The overall objectives of the County is to reduce noise pollu- tion. The permission for access is based on fairly stiff environmental standards. All in favor, with the exception of Councilman Wishart. Motion carried. 5. Sid Baxter, representing the flag football teams, told Council that he had learned that the football teams would be excluded from playing on both Wagner and Iselin park Flag Football fields. Baxter said these teams are being forced to play on fields that are both Wagner/Iselin inadequate and dangerous. City Manager Mahoney said that he had recommended that the junior high players play on Wagner from 4 to 5:30. Mahoney wanted them to use those fields because of the transportation system. There will be both mens and womens flag football teams and they can't all fit on Wagner. Mahoney recommended that two nights a week of flag football be allowed on Wagner park. The other nights they would have to play on golf course 1 and 2 fields. Iselin park field is difficult because there are high school football practices out there. Councilman Wishart said for $4500 of resodding, Wagner park is a public park and this is a good use for it. Councilman Wishart said he would just as soon let them use it and resod again nex~ year. Councilman Behrendt pointed out that be resodding, the City loses use of Wagner Park from snow~elt to July 4tho Councilman Behrendt said he would rather see the City ration the use of Wagner than lose all that time. Mayor Standley pointed out that the school district finances part of Iselin park. Baxter stated that the two field at the golf course are unacceptable and would cause many minor ~njuries. Mahoney suggested as an alternative the field west of the Plum Tree or the driving range. Mayor Standley suggested the first and second fairway of the golf course. These are big enough, and the City can close the golf course to tee off at 5 p°m. The first, second and fourth fairways all have direct vehicle access. Mayor Standley said this would give the golf courss a multiple purpose. The golf course cost $3,500,000, and was paid for by everybody not just golfers. Councilman Behrendt said if this starts to ruin the fairways, the City can stop ~it. Councilman Wishart said if this is only for seven weeks, why can't Wagner be used. Mayor Standley said the football players can use Wagner three nights a week; the City has a commitment to the high school for Iselin. They need more fields. Councilman Behrendt moved to enable the City Manager to use the golf course fairways on a temporary basis for recreational purposes above and beyond golf and request that the ~ City ~anager monitor it and cease use if it is damaged; seconded by Councilman Wishart° All in favor, with the exception of Councilman Parry. Motion carried. COUNCILMEMBER COMMENTS 1. Councilman Behrendt asked whgre Bell Mountain Sports was on administrative delay. City Attorney Nuttall said she had informed them that procedurally they did not get Bell Mtn. Sports approval for relief. Ms. Nuttall has requested that the building deparment no~ give them a permit. 2. Councilman Behrendt said he had been approached about not giving tickets in the off season. During that time everybody who works in town leaves their car downtown all day. City Manager Mahoney told Council that they would probably stop ticketing after Ruggerfest. Meter Violations Councilman Parry said he would like to keep the parking regulations enforced during the offseason off season. Mayor Standley suggested this be considered at the September 26th Council meeting; keep ticketing until then, and have the police chief and City Mahager report to Council. 3. Councilman Wishart asked if anyone on Council was interested in going back to 5 p.m. meeting. Mayor Standley suggested waiting to discuss this until all seven Council were present. LIQUOR LICENSE RENEWALS 1. Councilman Behrendt moved %o approve the renewal for La Cocina; seconded by Councilman LaCocina Parry. All in favor, motion carried. Liquor License 2. Sanitarian Tom Dunlop submitted a memorandum requesting that the license for Skier's Chalet and S~eak House not be granted until they met with his approval. Councilman Skier's Chalet/ Beh~endt moved to approve the license for the Steak House subject to the approval of Steak House Dunlop; seconded by Councilman Wishart. All in favor, motion carried. Liquor License 3. Councilman Parry moved to approve the renewal for Magnifico's; seconded by Councilman Behrendt. All in favor, motion carried. Magnifico's Liquor Lic. APPOINTMENTS TO HISTORIC PRESERVATION COM/~ISSION Mayor Standley pointed out to Council that the terms of Norm Burns, Lary Groen, Mona HPC ~ Frost and Florence Glidden had expired; they have all required reappointment. Mayor Appointments Standley asked John Stanford, planning office, to discuss the activities of the HPC. Stanford encouraged Council to make these appointments. These people have served on the HPC for sometime; they have the history and background of the review processes. This is a benefit to the City. Stanford explained that the HPC does periodic look at the projects!i that have been approved and try to give objective evaluations of their work. The HPC also looks at the review criteria and updates these. Stanford said he would like to schedule a joint study session with the HPC and Council to go over the guidelines. Mayor Standley said the HPC often addresses issues beyond the purview of the HPC. Stanford answered that design criteria is a hazy thing. Councilman Behrendt had asked the planning office to look into the problem of old build- ings being renovated and increased drastically in size, using historic designation and getting gigantic structures that are not historic but merely Victorian. Councilman Behrendt moved to reappointLBurns, Frost, Glidden, and Groen to the HPC; seconded by Councilman Parry. All in favor, motion carried. ~ayor Standley said the Council is happy with the work of the HPC, but there is just a question regarding the purview and scope of What the work is. Wheeler Opera WHEELER OPERA HOUSE - Music Associates of Aspen Proposal House · MAA Mayor Standtey told Council this was a proposal from Edgar Stern and Gordon Hardy in response to the planning proposal of the Community Facilities Board. Essentially the Wheeler is an $850,000 project. Mayor Standley said he encouraged Stern and Hardy because~ the City doesn't have $850,000 to do everything to be done at the Wheeler. There is steaml~ up for working on the Wheeler, and this might be a way to keep the steam going. The proposal is the M.A.A. in exchange for the lease and certain use privileges will undertake! to raise $850,000 to renovate the structure in the next two years. Edgar Stern told Council the M.A.A. feels there is money around in government circles and in private foundations. Stern said the M.A.A. would like to be able to use the Wheeler as soon as possible. There are overcrowded conditions at the tent. The M.A.A. would likel a two year option to put a program together to raise $850,000. If this is successful, the M.A.A. Would enter into a long term lease with the City to be the operator of the building, mostly in conformance with the CFB recommendations. Stern was asking at this point that the Council consider the idea and appoint a committeei.~to negotiate, with the M.A.A. There are a lot of points to be resolved. Stern said it is the opinion of the M.A.A. that the conditions in the theatre are so substandard from a safety standpoint, they will not use it at all until renovations are done. Councilman Behrendt pointed out that in a sense this would be cutting out all ~o~her func, tions at the Wheeler. Councilman Behrendt asked Stern if the City did go into a~ lease situation with the M.A.A., would they be willing to throw their weight behind anything the City did in a larger performing arts center. If the M.A.A. takes the Wheeler, it is the last thing the City's got. Stern said as far as the community is concerned, they have no position. A performing arts center the size of the Wheeler fits their needs. Stern stated the only time the M.A.A. would like to haVe first callon the theatre is the summer when the M.A.A. is in. operation. The rest of the year the theatre would be available on the same manner the CFB intended it should. Stern pointed out that cultural groups would not be able to pay the going rate that a commercial operator would. Mayor Standley asked Stern if such things as making the theatre available a certain number of nights during the summer could be a consideration. Stern said those were some of the points they would like to negotiate. Mayor Standley read part of a memorandum from John Stanford. " the administrative concept for the Wheeler should be one that~ local citizens reporesenting a cross section of the community should have the responsibilitY of determining the destiny of the cultural programs in the theatre and administration for the remainder of the building." Mayor Standley asked if Stern's position was in basic conflict with this. Stern answered the only area of conflict would be in minimum use ~n ~ those nine weeks. Stanford to!~ COunCil that that issue should be carefully addressed by the City Council, that is the concept of a community cultural center as being something that is locally based with regard to the administration. Stanford stated, without this locally based administration, the Wheeler will not effectively belong to or be controlled by the local community, nor can the community take credit and pride in the role of the Wheeler in meeting Aspen's cultural needs. Stanford said this proposal should be referred to the CFB and the Wheeler Task Force for their review and comment. Stern said if the M.A.A. were successful with their proposal and raising the money, they would ask that the City condemn all leases in the Wheeler at that time. Councilman Wishart said he did not like the idea of giving up a lease with commercial potential, like! the Pub, to the M.A.A. and out of the City's hands. Stern said some of the ground rules would be how much of the building would go for cultural uses, what freedom the M.A.A. would have to make the rest of the building available on a commercial basis. Mayor Standley said this is an opportunity to see if there is a common ground and to see if something can be done. This will not commit the City to anything. Councilman Wishart pointed out that most of the second floor is used by non-profit groups that need office space. They are a broad spectrum of the community. These people will end up back looking for space. Mayor Standley suggested the City attempt to negotiate a lease agreement with the M.A.A and have about five people from the City that will be part of the work force. They will come up with a lease consideration. Then it would be submitted to the Wheeler task force and the Council, and there would be a public hearing. Councilman Behrendt moved that a group from the City Council explore with Edgar Stern and M.A.A. a possible lease of the Wheeler Opera House to the M.A.A. under terms to be discussed; seconded by Councilman Parry. All in favor, with the exception of Council- man Wishart. Motion carried. Councilmembers Parry and Behrendt indicated they would like to serve on the committee. WHEELER OPERA HOUSE LEASES 1. Peter Bergen. H. J. S~alf told Council tha~ Bergen needs a place to set up operations for the winter for a locksmith shop. All leases will expire an April 1978. There are Bergen quite a few empty spaces on the first floor. Bergen will rent a space at $10 a square ~.~ foot. ~-~ Councilman Behrendt moved to approve the lease to Bergen; seconded by Councilman Parry. All in favor, motion carried. 2. Roaring Fork Resource Center. Stalf told Council that the RFRC has requested a 50 Roaring Fork per cent break on the rent for 160 square feet of the second floor of the Wheeler. There Resource Center is space available. Stalf said he had a person willing to rent the large area at the going rate; there will still be room for the RFRC. Councilman Wishart moved to reduce the rent for the remainder of 1977, and have the RFRC come in with a budget request for the 50 per cent for 1978; seconded by Councilman Parry. All in favor, motion carried. 3. Warren Bennis. Stalf told Council that Bennis wants to lease space on the second floor at the going rate of $8 per square foot for an office. Bennis Councilman Behrendt moved to approve the lease to Bennis; seconded by Councilman Parry. All in favor, motion carried. WHEELER OPERA HOUSE APPROPRIATION John Stanford told Council that they are at a point of planning of the Wheeler Opera House Wheeler Opera where expert opinions of what has been done is needed. Stanford is recommending an House appropriation for $1,000 uo bring a consultant to Aspen who is an expert in working on developing community centers. This will give a chance to explore whether the plan is Consultant fund going awry or is right on. Councilman Wishart asked if the City had $1,000. Finance Director Butterbaugh said there was money in 6th penny and park dedication fees. Councilman Behrendt moved to expend $1,000 in sixth penny monies for advisory planning on the Wheeler Opera House; seconded by Councilman Parry. All in favor, motion carried. ASPEN RUGBY CLUB PRESENTATION Billie Tomb, president of the Rugby Club, told Council the Rugby Club was in nheir tenth year in Asoen. In 1968 they went through the Chamber of Commerce to promote business Rugby Club during the off season. Tomb said the Rugby Club needed assistance in order to go to England. Tomb said the Rugby Club would like to know if it as possible to let them use a bus from the City to help the Club get to Oakland. It would cost $4,000 to charter a bus. Stalf said the City has seven buses; slx Blue Birds and one recreation bus. The recreation bus is mechanically very sound, although it does have problems with the electrical system. The request for a bus as from October 11 through 30. Stalf said if the Rguby Club could arrange time enough to take the recreaCion bus it would be better. The transportation department plans to tear apart and work on the Blue Birds during the off season. Phyllis Kenny, administrative assistant, discussed the insurance problems with the Council. Finance Director Butterbaugh suggested because of the liability problems sagning the bus over to the rugby club. Mayor Standley said if the Council as interested in this proposal having Ms. Kenny work out the appropriate ansurance arrangements to cover the City. Councilma~ Wishart said he felt the taxpayers would be pretty furious at financing a trip to England. Mayor Standley said he did not have any problems with this. The Aspen Historical Society gets a bus from the City and then charges for their tours. If it is agreed to let the Rugby Club use the bus, Ms. Kenny will work out with the Rugby Club and City Attorney Nuttall proper arrangements to cover the City. Stall will work out the mechanical end. Councilman Parry moved to give this proposal until September 26 to get worked out and brought back to the Council; seconded by Councilman Behrendt. All in favor, motion carried. Tomb asked Council, if they were willing, to write a letter to the townships in England where they will be playing rugby. This is done in international rugby. Tomb also asked about the rugby fields during ruggerfest if the weather as inclement. Mahoney said if the weather was nice, they could use Wagner. They can have the Plum Tree number 1 and 2 fields. The City will help them put up the goal posts. LIQUOR LICENSE HEARING - North Mill Investment Corporation d/b/a Great Western Spirits North Mill Investment ~{ayor Standley opened the public hearing. The city clerk reported that posting, publica- tion and the file were in order. Ashley Anderson, representing NMIC, told Counil that this is an application for a retail liquor license at the Trueman property. The proposed outlet will be 2800 square feet. A package liquor store is an approved use under the City zoning. The prancipals of the corporation are Donald Crouch, who is president and treasurer and who owns 50 per cent of the stock; and Jim Valerio, who is vace-president and secretary and who owns 50 per cent of the stock. Regular Meeting Anderson told Council that Crouch had graduated from Michigan State, worked for IBM for four years, moved to Aspen in 1970, has been a bartender, a carpenter and a ski patrolman since 1971. Valerio graduated from the University of Wisconsin, also worked for IBM, North Mill moved to Aspen in 1972, and also was a bartender. Valerio works in San Francisco for ITEL Investment but maintains a house and post office box in Aspen and intends to move back when he gets a business established. Crouch showed Council a physical layout of the proposed outlet, which will be directly adjacent to the grocery store. At one time there were breweries in this area at the turn of the century. The liquor store, Great Western Spirit Company, will be named after one of them. The liquor store will have wood panelling, some antiques and perhaps a display of old bottles. The size of the store, 2800 square feet, will enable Crouch to have a greater storage and buyer power so that they can get discounts from the distributers, and pass these along to the local citizen. The large storage area will also enable the store to carry a large variety of things. This way the store will be a full service liquor store. Crouch told Council that the location at the Trueman property has more than ample parking; there are 115 spaces at the Trueman property, and the City parking lot is right across the street. There is a bus stop right at the area. Crouch said he felt that they had designed the store specifically for the local person so that he can have a convenient place, a one time shopping place. People will not have to drive their cars into the center of Aspen for all their errands. Anderson introduced petitions with 518 signatures; of these 41 are shop owners in the City of Aspen; 124 are from the Silverking, Smuggler area; 101 live in the County but work in the City. Crouch testified, using statistics from Pitkin County Trend~, that voter registration in 1970 was 3,683; in 1974 was 6.724, and estimated for 1976 is 7,000. Vehicle registration in 1970 was 8,171 and estimated for 1976 is 15,349. The population of Pitkin County in 1970, from the U. S. Census Bureau was 6,185 ~nd for the City of Aspen was 2,437. The estimated population in 1976 for Pitkin County is 14,000 and the City limits Ks 6,000. In a ten mile radius around Aspen is about 1~,000. Crouch told Council in 1965 there were 20 three-way liquor licenses. Now, counting taverns and clubs there are 49 licenses in the City of Aspen. The Silverking complex, built in 1971 to 1973, holds 670 people. There has only been one retail liquor license granted in the last ten years, in 1975. Anderson called Mary Ann Kindregan as a witness, who testified that the p~oposed liquor store at the Trueman property would be beneficial to the City'as it would keep cars out of the core area. It would be a convenient shopping place for everyone. Ron Weissman, living on Red Mountain, testified he would use this center and would not have to drive through the core of town. Weissman said he felt it would be a very good shop, especially for people living on the north side of town. Jan Groblewski, who plans to open a pharmacy at the Trueman property, said that this area has been approved as a neighborhood/ commercial complex and people ought to be able to satisfy most of their needs and wants at one time. Groblewski said that the current situation creates a lot of traffic down- town. A liquor store in the Trueman area would complete one-stop shopping. There will be enough shops there so people can forget about going downtown. Groblewski said it would be a disservice not to have a liquor store and to force people to drive downtown. Groblewski said he felt the town needs this liquor store not only to serve the people of the town, but to serve the purposes of the auto disincentive program. Groblewski said he felt a liquor store would be important to the success of the shopping center. Without this drawing power, there will be a turnover of shops. Grob~ewski said he would use this liquor st~re from where he lived because he would not have to hassle with Main street and the traffic. Bill Trost, 1300 Riverside Drive, said he felt a liquor store would be an important part of the Trueman prelect to create a one-stop shopping area. Trost said from a personal and business standpoint, he would like to see the liquor store located there. Trost said he felt the more servlces the shopping center could offer, there is more chance of success. Personally, Trost said there are enough places to get liquor. Anderson stated that Aspen has a real need for this liquor store as a very convenient place to park or take the bus and do a one-stop shopping complex with a liquor store. People can do all their shopping there. The testimonies and petitions have shown there is a need for this. There ~s nothing ~s Aspen right now that is that simple. This will fill a void. The needs of the neighborhood and desires of the inhabitants have been met by the petitions and the testimony. Anderson requested that Council grant the liquor license. Anderson introduced a letter from Mr. Clark, who will run the grocery store, who stated he felt a liquor store would be a terrific compliment to the grocery store and all other businesses in the center. Mayor Standley asked when a package liquor store had been issued in the County. Tom Iacono answered approximately 6 months ago. Councilman Van Ness pointed out there is an existing liquor store in Snowmass. Mayor Standley stated it was not Council's concern whether any business in town was successful through any action the Council takes. Anderson said that the testimony was offered not to help Mr. Trueman, but the planning concept of a neighborhood shopping complex. Councilman Behrendt said that through the planning process on the Trueman property, one of the con~ments was that Aspen did not really need another liquor license, there might be a possible case made for moving one of the existing licenses into that location. There has been some slight encouragement given over the years along that line. Councilman Behrendt said there was no intention, lust because a liquor store was permitted there, to have a new one move in. Mayor S~ndley called for opponents to the license. Tom Iacono, 770 Cemetery Lane, said that the applicants had a first right of refusal on the property since prior to 1975. Iacono had talked to Schottland at length about moving his shop, the Grog Shop~ down there. During this time, Valerio obtained the first right of refusal. Iacono pointed out _~ ....... ~ ....... ~ ~eptember 12, 1977 that there are four package outlets in the City, but the Council has to consider the North Mill liquor licensed drug store, since it is so similar, an off-premise pack~ge store. This Investment adds three more to that count. Iacono said he Would ~take issue with the applicant using population figures of the County, or population figures at all. The Colorado Supreme Court has determined that the issuance or restriction of liquor licenses based on popula- tion is illegal. Iacono said if population figures for the City and apply that to the number of similar licenses in the City, there will be one for every 350. Iacono said that approximately 50 per cent of the petition signatures submitted live in the County. Iacono said that in consideration of the reasonable requirements of the neighborhood, it is incumbent upon the applicant to show with some degree of clarity the area of the neigh~ borhood". Iacono said an applicant is entitled to a license only on proof that the neigh- borhood sought to be serried is not being adequatly served by the other licensed outlets at that time. Iacono cited some Colorado cases regarding the reasonable requirements of the neighbOrhood. Iacono pointed out that the last license issued was the fall of 1975, and that the needs of the neighborhood do not change every two years. Iacono pointed out that the liquor industry is heavily controlled by the State. It is not everybody!s right to have a liquor license, just because a few people say they would like to see a license. Iacono said he resented the presumption of the developer and uerhaps the applicant, who is trying to sell spaces in a commerical project and can do so by saying there will be a liquor store in that project. Iacono submitted into evidence an August 4 Aspen Times articles which listed a liquor store in the shopping center. Anderson pointed out the case of Anderson v. Spencer, which specifically states that the ~ Council can hear evidence without regard to the City limits. Red Mountain, Silverking and S~uggler are integral parts of the argument. Anderson b~roke out the petitions signaturesi live in city, work in City is 93; live in County, work in City is 101; Silverking residents above 25 per cent. Anderson pointed out that they had submitted City population figures as well as County population figures. Crouch said that people from Silverking, although they are not residents of the City, do use City facilities. So do people who live in the County and work in the City. Will ~i.bbs, UnCle<Willy's Spirit House, said the City wanted the Mall and the businesses ~ were advised that they would not be hurt. Gibbs said there would be a one-stop shopping center, what ~would happen to the core area if everyone moved into another area, if that was available. Anderson said this had been answered by the Council when the approved the Trueman property. There is an obvious planning philosophy behind the one-stop shopping center. Denying certain businesses there would weaken this concept. Iacono told Council that he was seriously negotiated with Schottland for a liquor store on the property. Valerio told Council that when he negotiated with Schottland, it was a purely competitive situation and he got the space On their presentation for a store. Terry Cagnoni, Magnifico Liquor, said he did not see at this time that any of the liquor stores within the City are not meeting the local needs. Mayor standley asked for a clarification of the premise being more than 500 feet from a school. There is a trail easement on the Trueman property, and at one time there was an inter-tie from the School into the trail system. Anderson submitted a letter from Chuck Dotson, which stated it was his opinion that the premise was not within 500 feet of a school. Anderson said that was based on a visit to the property with Dotson. They showed him the dirt trail to the school. Mayor Standley closed the public hearing. Councilman Behrendt moved to deny the application in part because the applicant has not demonstrated that the present reasonable requirements of the neighborhood have not been met by the existing outlets. MOtion dies for lack of a second. CounQ~tman'Parry moved to approve the license based on the evidence .presented at the public hearing held today relating to the application by Valerio and Crouch for a liquor store three-way, the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Wishart. Mayor Standley said he would vote against it because he felt that all liquor requirements in the City have been met. There should not be issuance of any kind of liquor facility. ~ Councilman Parry said why should the Council protect one business as opposed to any other~ kind of business. Mayor Standley pointed out the Council does the same thing when they approve or disapprove subdivision. The CounCil has been charged with this responsbility. The Council is charged with evaluating the needs of the neighborhood. Councilman Parry said this would make a neighborhood shopping center not a complete shopping center. ~ Councilman Wishart pointed out that the needs of the neighborhood implies that the Council has a certain obligation to the constituency. Convenience is one of the obligations and also meshes with the auto disincentive plan. Councilman Behrendt said that one of the ways the Council was convinced to approve the Trueman project was that it would be a plac~ to move an existing problem gas station and problem liquor dispensing outlets. Councilma~ Van Ness agreed that it isn't right to protect one type of industry as opposed to another but the State legislature has come up with statute which Council has to go along with. Councilman Van Ness said he was having a hard time answering the question if the existing outlets are inadequate for the neighborhood. Counc~ilmembers Parry and Wishart in favor; Councilmembers Behrendt, Van Ness and Mayor Standley opposed. Motion NOT carried. M~yor Standley told the applicant that there is relief from this action, if at the next Council meeting a member on the prevailing side will move to reconsider the q~estion. This will give an opportunity to the absent Council members to vote on this question. aspen ~lty ~ouI1cll September 12, 1977 RAHARS, INC. Application for a three-way restaurant liquor license Rahars, Inc. Liquor License Mayor Standley opened the public hearing. City clerk stated that the posting, publication and file were in order. Dwight Shellman, representing Rahars, Inc., submitted the Certificate of Incorporation for the file and told Council that letters of reference for Robert Sproull would be coming. Shellman told Council this ~s an application for a three way liquor license for the Courthouse Plaza building. Robert Sproull will be 50 per cent stockholder; the other stockholders are Joseph Obering and William Obering, both from Denver. Shellman submitted three petitions to Council; one signed by City residents with 18~ signatures; one signed by County residents with 185 signatures, and one signed by out-of-County residents with 106 signatures. Shellman read the content of the petitions to Council. Shellman introduced Sproull to Council as president of Rahars, Inc., principle stock- holder and owner of Jake's. Jake's is a well-known, reasonably priced, high quality restaurant in town. Sproull has managed that operation for the past 7 years. Sproull also had prior restaurant experience in New York and was the subject of various articles. The restaurant will be called Bandellero and will have primarily a Country Western theme. This will attempt to afford an opportunity for those people in an agricultural community to partake of what used to be an integral part; western music, western motif, western food. Shellman stated that Sproull has a excellent track record in being able to operate a facility of this type. The site is very close ~o the existing Rio Grande parking and Main street parking. The site is served by both the City and County buses. Sproull told Council in his years in Aspen, he had observed Aspen's attempt to assimilate ideas of other cities. This application is truly western in nature; the food will be primarily barbeque. Sproull said he was going %o emphasize an atmosphere that one cannot get in the City. Sproull stated that Aspen can support more restaurants. In the winter of '75-76, an average wait to be seated at Jake's was 45 minutes to one and a half hours. Sproull said he believed that visitors to Aspen would appreciate a western restaurant. Curt Baar testified to Sproull's character as an excellent businessman. Baar said Sproull has a lot to contribute to the City if he runs a restaurant like he describes it. Baar stated that during the season there is a~need~for additional restaurants. Howard Mallory, First National Bank, stated that Sproull has been an A-1 customer, running a well-managed restaurant providing medium priced meals that the community needs. Mallory stated that during the winter season he does not go out to dinner because of the long waits. Pete Stone, owner of Prospector Lodge, testified to Sproull's integrity and honesty. Stone stated that as an innkeeper he would encourage the approval of this license becuase from the view point of visitors, there is a crunch time during the high season in the winter and in the summer. Dick Meeker also testified to the need for additional restaurants because of the long time waits in the season. Bill Clark tcld Council he had asked for the opportunity to testify on Sproull's behalf because of the confidence he has in Sproull. Sproull is a man of his word and is highly recommended in the community. Clark stated he felt the location of the restaurant is particularly appropriate. Clark stated he finds that restaurants are getting busier all the time. The granting of new liquor licenses upgrades the quality of service in the other restaurants. Shellman stated he believed they had established that the needs of the neighborhood had not been met, primarily by the inadequacy of service. Councilman Wishart asked if the next door neighbor, Mrs. Callahan, had been approached. Shellman answered she had not been approached but she does know of the application. Mayor Standley called for opponents. There were none. Mayor Standley closed the public hearing. Councilman Behrendt moved that based on,the evidence presented at a public hearing today relating to the application for a three-way liquor license, Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Parry. Councilman Wishart stated he would vote against this because he did not feel it is a good location for a restaurant. Mayor S%'andley said he would Vote against this because of~the fact that the needs of the neighborhood have not been met ~ring winter season. The peak winter season is approximately 60 days out of 360 days, which is 16 per cent of the time. The other 84 per cen~ of the time, Aspen has many more restaurants than needed. Mayor Standley said he was not of a nature to approve any more liquor licenses ~n the City of Aspen. Councilman Van Ness stated he felt there was a need for another restaurant in Aspen. Councilmembers Van Ness, Parry, Behrendt in favor; Councilman Wishart, Mayor Standley opposed. Motion carried. ELECTRIC BILL/HUNTeR SQUARE - Irving Bier Hunter Square Electric bill Finance Director Butterbaugh submitted a memorandum to Council outlining this problem with background information. There is a policy statement written to Mr. Biers in December 1976 by the then City Attorney Stuller, relating the policy of enforcing collection of utilities to the owner of the property if no~ paid by the tenant. Ms. Butterbaugh said she told Biers that the Council would listen to comments, but they were not in a position to argue the merits of whether the bill should be paid or unpaid. The City does have the right of lien against a piece of property if the utilities are not paid. Ms. Butterbaugh said the records do not have the owner's name. In this case, the tenant was notified of the delinquency. The shop did have a history of delinquency. At this time, payment of the bill was guaranteed, and a meeting of the finance committee was asked for. The finance committee was not able ~o meet. At this time a new tenant was connected with the former bill still unpaid. This new tenant was not able to pull the business out. A certified letter was sent. The meter was removed on April 8, 1977. The property has sat idle; when it was rented, Mr. Biers asked that it be reconnected. The City refused ~o do so because the bill had not been paid. Biers told Council he would like to a~r this particular policy. For the 12 month period Hunter Square that Rocky Mountain Outfitters occupied this space there was only one payment made. Biers cond. said he was never notified of this situation. Biers said he would like to protest the fact that a utility company can hold a landlord responsible. Biers said he was arguing the r~ght of the City to assess landlord for utilities that have not been paid. Biers said if this.policy does hold, he feels there should be some basic rules set up to insure that a years bill does not go by and the landlord does not have to be responsible for it. There should be a cut off like any other utility. Biers said he felt this policy is unreasonable and unfair. Mayor Standley said the Council would not make a policy decision right now. This policy was arrived at based on another case in town which took three days for the finance committee to arbitrate, and to come up with a policy for recommendation to Council. At that time, the finance committee instructed the finance department to not let bills run over a certain time period. Mayor Standley agreed that stricter controls were needed in the utility department. Ms. Butterbaugh explained this happened through a transition of three differ- ent utility clerks. Since then the finance department has set up some controls on overdue bills. Ms. Butterbaugh explained to Council that when Biers came an and asked to put the utility in his name, then immediately asked to put the utility in the name of the tenant. Ms. Butterbaugh said she felt the Biers was somewhat warned about this account. Mayor Standley said the Council will probably convene a meeting to discuss this~policy. If a change occurs, it may or may not be retroactive. Councilman Van Ness said he would like to see this set up as quickly as possible. OPERATION AND MAINTENANCE COSTS OF MILL STREET PUMP Bob Kranz submitted a memorandum to Council about this project, this included the costs of the pump, ditches and the cost of renovation and operation. This includes pumping the Mill Street water up and into the ditches. There is no inclusion for ~rrigation of the Rio Grande Pump property. The costs do include some hook ups for the washer trucks and a possible system to run water into the potable water system of the City, if it turns out to be clean. The cost of opening the pump will be pretty steep, there will have to be a pressure reducer value. This is a 75 horsepower pump which requires 440 electricity, which is not available so that a special ~ransformer is required. Kranz said to test flow the pump, which should be done, requires about $3500. Essentially this would hook up the water department's generator and clean the pump and then turn it on to see what happens. There could be problems with sand or sewage in the water. Mayor Standley suggested a submersibls pump to pull the wa~er rather than push it. Kranz said that five years down the road this water could be used as potable. The City might, with a submersible pump, have a pump that is below the capacity wanted. The operating costs are expensive. City Manager Mahoney recommended going for $3500 and hold the rest of the pro~ect over until later. The City was charged to get the west end ditches running and this is the tail end of the project. The City also has to protect their water rights. Mayor Standley suggested putting this project under the water budget and consider it during the water department projects budget. If the City wants to get the testing done, they can consider supplemental funding. Councilman Parry pointed out an advantage of getting the testing done now is that the City would have all winter to buy parts. If the City waits until next spring, they may not have use of the pump all summer. Mayor Standley agreed that the test flow would be fairly logical to get done now. Councilman Behrendt moved to find s3500 to test flow the pump; seconded by Councilman Van Ness. Kranz ~old Council that the Hallam Lake people will let the City put the water into Hallam Lake below the big beaver pond. The City has an easement through the Marquand property. Mayor Standley instructed the staff to find the money, draft an appropriation ordinance. The rest of the ditch project should be put into the water department's budget. Ms. Butterbaugh pointed out that this should be left as a special project so that the City can determine where the money will come from. All in favor, motion carried. MIDLAND/PARK - WAIVER OF PIF Midland Park Ted Guy submitted a letter to Council about this PMH Employee housing project. Guy was PIF asking that because the PMH project is outside the City there be some method to either reduce or waive the PIF from the County rate to the City's or even less. Councilman Behrendt said if~the City put off requiring the PIF, the Midland/Park may be annexed, and then they will pay in-city rates. Guy said he did not know the status of annexation proceedings. Guy said he was asking for some sort of general policy by the Council in support of PMH or employee housing projects in close proximity to the City. There is a mechanism used to reduce the park dedication fees for employee housing projects. Mayor Standley pointed out that this request requires Council finding funds somewhere else as a Council donation. The Council has to pu~ a similar amount into the water PIF fund. This becomes a donation as an inter-city transfer. Guy said that Count~ PIF rates for this project would be $2400 for 3-bedrooms and $1600 for 1 and 2-bedrooms. If in-city rates were required, this cost would be reduced by half and would reduce the sales prices of the units. Councilman Behrendt suggested a policy that this type of housing, employee and PMH, should only pay regular in-city rates. Mayor Standley agreed with this policy. Councilman Behrendt moved ~o have City Attorney Nuttall draft an ordinance according ~o this policy; seconded by Councilman Van Ness. All in favor, motion carried. Mayor Standley said the pro3ect would still be charged double water rates. Mayor Standley said he would like the ordinance say the Council must be shown ~hat the total value of the PIF is passed on in direct saving to the buyer and this should be on the closing s~atement. Aspen City Council September 12, 1977 Holy Cross HOLY CROSS TASK FORCE RESOLUTION Task Force Janet Landry, chairman of the Holy Cross Task Force submitted a packet with proposals about the Holy Cross building Councilman Behrend~ questioned protection building from flooding and landscape and site work, exterior sculpture garden, and storage facility. These are $50,000 of the construction costs. These costs are really up in the air as the building has only been discussed as a visual arts facility and as a part of the whole, big park down there. Ms. Landry pointed out that berming would protect the building from flooding and would have to be done for the sake of the building anyway. Ms. Landry said the presented costs were the engineer's breakdown on the whole property to bring it up to code for public use, no matter what the public use might be. Some of the items do directly relate to an arts center. The largest portion of the budget is to bring the building up to code. John Stanford, planning office, pointed out this budget is more expensive because it is over a phased time. The Holy Cross task force was charged with developing a plan for the building and for the site. Ms. Landry said the site had a lot to do with the recommenda- tion for an arts center. Ms. Landry said this budget was brought to Council on their request. Councilmembers charge the task force with (1) bring a proposed resolution to Council; (2) present Council with a pro forma budget. This list actually just lets Council know where the task force is; (3) suggest a Board to go from here to the next step; (4) zoning and historic designation were to be addressed. Ms. Landry told Council that the list submitted for Board members was a result of a questionnaire sent out asking people if they would be willing to be on the Board. The people on the list cover a wide area of interests in the community. Councilman Behrendt moved to adop~ the Holy Cross Citizens Task Force Resolution; seconded by Councilman Van Ness. City Manager Mahoney said he felt the task force had worked hard and Stanford had given a lot of guidance. Mahoney said he was concerned about where the resolution was taking the Council. This would be spinning the property off of close linkage to the Council. The Visual Arts Board will be setting policies for the center. Councilman Behrendt said he did not want the site to get totally tied up, but would rather leave it somewhat vague. Mayor Standley pointed out that there are only four Councilmembers present, and this resolution impacts the entire City and strongly obligates the City to $240,000. Council- man Behrendt said the Council had committed no dollars, nor has the Council endorsed any specific items on the list as being the final product. Councilman Parry asked if the Council had come to a consensus at any point that this should be a visual arts center. Mayor Standley said Council had agreed with the concept but wanted to see costs broken down and methods of financing. City Manager Mahoney recommended tabling this as he did not approve of the wording of the resolution. Councilman Behrendt made a substitute motion to table this; seconded by Councilman Parry. All in favor, motion carried. Ms. Landry requested a meeting with Mahoney to go over the details of this proposal. Councilman Behrendt asked to beincluded at this meeting along with John Stanford. Councilman Behrendt moved that the City of Aspen establish a Visual Arts Board and appoint Dick Carter, Mary Helen Cattell, Barbara Convis~r, Nick DeWolf, Marty Kahn, Janet Landry, Roger Moyer, Wes Pouliot, Bob Starodoj, Carla S~roh, Missie, Thgrn, Laura Wheeler, Larry Yaw, and Diane Lewy; seconded by Councilman Parry. All in favor, motion carried. Stanford told Council that this Board, the planning office, and the Holy Cross Task Force would get together and present a budget to Council at their budget hearings. RIO GRANDE SPA Rio Grande John Stanford reported to Council that the P & Z has continued the public hearing on the SPA Rio Grande SPA to their first meeting in October. The Chairman of the P & Z feels that Council and P & Z should get together to discuss this. Council scheduled a joint work session with P & Z for 6 p.m. Tuesday, September 27. ORDINANCE 948, SERIES OF 1977 - Growth Management Ord. #48 GMP Councilman Behrendt asked where the requirements are that stipulate lower and medium cost housing. Coun'~y Attorney Stuller said that the P & Z did not adopt those. Council will have to make an amendment. Ms. Stuller pointed out that the point system is heavily weighted toward employee housing. Mayor Standley ask if the P & Z did any discussing of the commercial core (CC) growth rate. Ms. Smith, planning office, told Council that the P & Z discussed this a lot and they are quite satisfied with the way they have been able to work out the allocation system. This allocation system for the CC worked out far better than expected. P & Z is bringing this to Council with a positiv~recommendation for including the commercial core. ~ayor Standley said there is a conflict if the Council adopts the growth management ordinance as the Institute is included. Council had indicated to the Institute that they would be exempted. Ms. Stuller said the solution was what was disagreed about. The majority was willing to postpone the question until the master plan was approved. The minority felt this was discouraging to the applicant and might hinder the progress of the Institute's application. It was quite apparent that the Institute could develop and meet the 18 unit per year quota. Ms. Smith said it was a question of timing for the solution of the problem. The majority of P & Z wished to see a more detailed SPA plan to (a) help them refine either an exclusion from the ordinance, or (b) help them to distinguish the Institute in its own separate category from lodging. Mayor Standley said his feeling regarding the CC district, that unless the Council intends to downzone the CC further, it should be allowed to build out at whatever rate it wants to. Mayor Standley said either the Council is comfortable with the growth management plan or they should modify it. Ms. Smith told Council that Planning Director Kane totally supports the quota in the commercial core. Regular Meeting Aspen GMP Councilman Behrendt said it was conceivable that the Council will look at the downtown and cond. say that is enough. Councilman Behrend~ stated he would like to leave the options open. Mayor Standley said with the ratio on commercial, the City is likely not to get buildings in response to demand, it might be artificial. Councilman Behrendt said he would like to leave the ratio on the CC in the ordinance. Councilman Van Ness said he would like to see it taken out on the theory that by restricting the supply of commercial buildings increases the rents, which are passed on to everybody. Council decided to leave the quota in because it can be discussed and deleted at the public hearing. Mayor Standley said he would like to get the Institute listed as an exemption in Sec. 24-10.1(d). The Institute is planning their pro3ect under good faith from what they heard from Council at tbs conceptual stage. Mayor Standley said he felt that the Institute should be exempt from the growth.management rates but that in exchange nothing can happen there until they have a fully adopted plan. Ms.~Stuller suggested a new section, 24-19.12. for the exemption, talking about identifying a particular land area, stating that the Institute will not come under the lodge conditions. ~ayor Standley said that the Institutes masser plan has to include their phasing program which would be compatible the the growth management plan. Ms. Smith said she felt it was ~mportant that the Council make some findings as to why the Institute should be exempt or distinguished from the growth manage- ment plan. Ms. Stuller explained the rationale of the majority of the P & Z regarding the Institute; they are waiting for the Institute to come to such a stage that it would define itself. At that point, the P.& Z will be able to articulate a new category of developmen~ that was so unique that it wouldn't come under the growth management ordinance; or the plan was defined and phased so that it would be compatible with the GMP. Ms. Stuller said the Institute has been identified as having unique characteristics, cultural and social. Mayor Standley directed City Attorney Nuttall and the staff to draft the rationale for the Institute to include as 24.10-12. Mayor Standley said that Council had previously stated that one-half of any pro3ect but two-thirds of all projects in a year were to be employee housing. Ms. Stuller said that the growth management plan does not address that as one of its goals. Mandatory employee housing has only been upheld by the Courts when there has been some consideration for that element suck as density increases, subsidies of some kind. Councilman Behrendt pointed out that until a project get the required number of points it cannot get through. 30 points are allocated to low~ moderate income housing; that is half of the points. Councilman Behrendt said he felt the points in section 2 were irrelevant and that they had been covered somewhere else. These points weaken the value for the provision of low and moder- ate · ncome housing. Ms. Stuller explained that P & Z was very skeptical about their ability to apply an ordinance of this type, so they wanted everything identified and the maximum points for each witk a weighting scale. Councilman Behrendt moved to read Ordinance ~48, Series of 1977; seconded by Councilman ORD. ~48 Van Ness. All in favor, motion carried. GMP system ORDINANCE ~48 (Series of 1977) AN ORDINANCE A~ENDING THE ASPEN ZONING CODE BY THE ADDITION OF ARTICLE X THERETO ENTITILED "GROWTH MANAGEMENT QUOTA SYSTEM" PROVIDING A SYSTEM FOR THE ALLOCATION OF BUILDING PERMITS FOR RESIDENTIAL, LODGE AND COM~ERCIAL AND OFFICE STRUCTURES ACCORDING TO PREESTABLISHED QUOTAS AND APPLICATION AND REVIEW PROCEDURES, ALL AS PROVIDED HEREIN, was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~48, Series of 1977, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried. The public hearing was scheduled for October 10. 701 PLANNING CONTRACT Resolution Councilman Parry moved to read R~solution ~14, Series of 1977; seconded by Councilman Planning ~ehrendt. All in favor, motion carried. Contract RESOLUTION ~1~ (Series of 1977) WHEREAS, the Northwest Colorado Council of Governments has authorized an allocation of Four Thousand Dollars ($4,000.00) of 701 funds as pass- through monies to the City of Aspen for the purpose of developing a building permit allocation sysatem, and WHEREAS ~ monies made available under this action are federal mon~es and must be matched with non-federal sources in the amount of one-third (1/3) of the total contract cost of Six Thousand Dollars ($6,000.00)~ and WHEREAS, the City Council wishes to complete its application by making record of its commitment to match th9 total contract cost, to the extent of one-third (1/3) thereof, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL IF THE CITY OF ASPEN, COLORADO: That it does hereby commit the City of Aspen to provide matching in-kind or cash services to any funds received pursuant to the program hereinabove described and equal to one-third (1/3) of the total project cost was read by the city clerk. Councilman Behrendt moved to adopt Resolution ~14, Series of 1977; seconded by Councilman Van Ness. All in favor, motion carried. Ord. ~40 ii ORDINANC~ ~40, SERIES O__F 1977 - Xerox contract ~ Xerox contraS? Mayor Standley opened the public hearing. Mayor Standley told Council he had discussed this purchase of a Xerox machine for the police department. Mayor Standley said that the present machine is 100 per cent open and unused at night time. This problem should be handled through management. Some person in the police department can do the xeroxing once or twice a day. Sergeant Dick Kreuser asked that Council let this go for two months to see if it will work. Mayor Standley closed the public hearing. GOLF COURSE Golf Course Mayor Standley included a sample contract for the next phase of work on the golf course to Council. Mayor Standley had checked with Kirchener/Moore about the availability of revenue bonds; they are very positive about bonding the golf course. It will cost between $1000 and $1500 to get to the next stage. Councilman Behrendt moved to find $1500 to continue with architectural services for ~he golf course; seconded by Councilman Parry. Financ~ Director Hutterbaugh said the money could come from sixth penny or park dedication fees. All in favor, motion carried. A-95 REVIEWS Juvenile ~! 1. Juvenile Criminal Justice Center. Councilman Behrendt moved to forward with favorakle Criminal Justic~ comment; IIayor Standley pointed out that this $4700 would not be enough to do anything. Center Councilman Behrendt withdrew his motion. Councilman Behrendt moved to forward with no comment; seconded by Councilman Parry. All in favor, motion carried. Pitkin County 2. Pitkin County Transit. Councilman Behrendt moved to approve with favorable comment; Transit seconded by Councilman Parry. All in favor, motion carried. CIT~ MANAGER City Manager Mahoney told Council that the City could not get their 1 million gallon tank City Water in Aspen Grove. There is a better place to put it up above Little Nell. Mahoney requested Tank to continue with an engineering study that is necessary f~r this. There is money in bonds set aside for this. Mayor Standley said to make sure that the engineering study was coordinated with the Ski Corp regarding their requirements for snowmaking, the s~ze of values, etc. The engineering study will cost $16,000. ORDINANCE #47, SERIES OF 1977 - Historic Designation/C. M. Clark Ord. %47 CM Clark Councilman Behrendt moved to read Ordinance %47, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE %47 (Series of 1977) AN ORDINANCE DESIGNATING THE STRUCTURE AND PROPERTY AT BLOCK 28, LOTS R&S, AS AN HISTORIC STRUCTURE AND SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~47, Series of 1977, on first reading; seconded by Councilman Parry. ] Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Ord. %49 ORDINANCE %49, SERIES OF 1977 - Appropriation from Electric Fund Electric Fund Chief of Police Hougland said the police department was asking for $2,000 to cover over- time in the mall. Mayor Standley said he felt the overtime work was very effective and should be budgeted for next year. The rest of the money is for a Red Mountain repeater site and a communications director. Councilman VanNessmovedtoreadOrdLUence #49, Series of 1977, seconded byCouncilmanBehrendt. All in favor, motioncarried. ORDINANCE #49 (Series of 1977) AN ORDINANCE TRANSFERRING $16,158 FROM EXCESS ELECTRIC FUND REVENUES TO THE GENERAL FUND AND MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $16,158 FROM THE GENERAL FUND FOR THE RED MOUNTAIN REPEATER SITE ($85,00) FOR A COMMUNICATION DIRECTOR ($2,300), FOR POLICE DEPARTmeNT OVERTIME ($2,000), AND FOR THE COMMUNICATIONS AND RECORDS CENTER ($3,358) was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #49, Series of 1977, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried. ~- Ord. %50 ORDINANCE ~50, SERIES OF 1977 - Appropriation from Seventh Penny Seventh Penny Councilman Parry moved to read Ordinance #50, Series of 1977; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~50 AN ORDINANCE MAKING A SUPPLEmeNTAL APPROPRIATION IN THE AMOUNT OF $2,000 FROM PRIOR YEAR SEVENTH PENNY REVENUES FOR ADDITIONAL OVERTIME POLICE DEPARTMENT PATROLLING OF THE MALL was read by the city clerk. 2280 Regular Meeting Aspen City Council September 12, 1977 Councilman Van Ness moved to adopt Ordinance ~50, Series of 1977, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~51, SERIES OF 1977 - Appropriation from water fund Ord. ~51 Water Fund Councilman Parry moved to read Ordinance ~51, Series of 1977; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #51 (Series of 197~7~ AN ORDINANCE ~KING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $31,649.55 FROM PRIOR YEAR WATER FUND REVENUES FOR LEGAL FEES CONCERNING CITY OF ASPEN WATER PROJECTS was read by city clerk. Councilman Parry moved to adopt Ordinance ~51, Series of 1977; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. Councilman Behrendt moved ~o adjourn the meeting at 6:35 p.m.; seconded by Councilman Van Ness. All in favor, motion carried.