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HomeMy WebLinkAboutminutes.council.19761012Regular Meeting Aspen City Council October 12, 1976 Mayor Standley called the meeting to order with Councilmembers Johnston, Wishart, Pedersen, Behrendt, Commissioners Shellman, Kinsley, and Edwards present. Midland Subdivision - work session City/County Planner Bill Kane presented the most recent planning on the Randall project. Midland/Park This project is right on the edge of the City, and a wide range of City services will be subdivision required t6 develop it. Real estate values are going up at such a rate as to make the employee housing situation critical. Kane pointed out there were decisions for Council to make on this project, should it be annexed, water tap fees paid by the City. Brian Goodheim, housing officer, told Council and the Commissioners that since the City and County had joint condemned the project and it was first presented, the housing office Midland/Par~ and the County had received a lot of input from the community regarding government involve ment in housing and what form it should take. The planning strategy of this project has changed. The Midland project originally envisioned 55 condominium units. The density has been re-evaluated and is down to 37 units due ~o impacts of the development, visual, traffic, utilities, etc. Goodheim presented plans and a site model of the project. The 37 units will be constructed on a lower bench of the property. There are two fourplex lots and two elghtplex lots, and there will be 13 single family units. The County will not get involved in the construction at all, it will be owner-built housing. The units will be constrained by the PMH as to second sale and owner occupancy. Goodheim explained the auto disincentive built in, a central parking lot with collector streets. Mayor Standley said he concurred With Kane. The project is a good project and should be annexed to the City, so that the residents yet the benefits and the City gets the controls Mayor Standley pointed out that the City and County have only given the housing problem lip service and have refused to do anything about it. Councilman Wishart agreed with Mayor Standley. Councilwoman Johnston stated she felt the project was greatly approved. Councilwoman Johnston stated she would not vote yes on any further growth, but this project is far enough along and she likes the idea of the government not managing the project. Councilwoman Pedersen said she would lfke to see the City annex the project, so that it would go through all the procedural steps of the City. Councilman Behrendt stated he felt the project was very interesting, and would like to see the City pick up on of the eight-plexes for City employee housing. The project is much less offensive than it was. Commissioner Shellman pointed out that cooperative efforts between the City and CoUnty have not always been smooth. Shellman stated that whoever finances the project should be responsible for the processes. The things the City can do by annexation, they can also do by contract. Mayor Standley stated he did not want the City to get financially involved because he hoped that the City would get involved in their own program. Councilwoman Johnston suggested that the County continue with the program, the City make a contract with the project as far as water fees, etc., and annex the project when the County has gotten their money out of it. This would be advantageous to the people living there as far as utility rates. Mayor Standley said he would rather have annexation happen before the building permit stage so that people could be saved money for PIF and water tap fees. Commissioner Edwards stated the County wanted to move this project along rather quickly. If there is disagreement on Council that this is not a good project, then annexation is not a good idea. The County looses jurisdication and ge~s setbacks from the staff and the whole project founders. Edwards stated if Council thinks this is a worthwhile project then he does not have a problem with annexation. This would solve the utility hook up u cost. City Attorney Stuller said that the County could file their petition for annexation, give the City jurisdiction, process the subidivion PUD, rezoning request simultaneously~ and have all final approvals on the same day. Everything gets approved, or nothing does. Mayor Standley pointed out that the City has jointly funded the housing authority, and therefore, he should be working in the interest of both Boards. Mayor Standley stated he was willing to go with the housing officer's recommendation. 2. A-95 Reviews. (a) Carbondale East Highway 82 - Kane's comment is that an Environment~ A-95s Impact Statement has not been completed or filed. It is totally inappropri&te to be Highway 82 considering an allocation of funds at this point. Councilman Behrendt moved to forward with negative comment, tabling action on this grant until an EIS is filed~ seconded by Councilwoman Pedersen. All in favor, motion carried. (b) Colorading Housing - Housing officer Goodheim recommended favorable comment. Councilwoman Johnston moved to forward With favorable comment; seconded by Councilwoman Johnston. All in favor, motion carried. (c) Preliminary Engineering - Glenwood Canyon - Mayor Standley said he had brought~.this up to the COG and stated it was inappropriate to be acting on this especially since the Glenwood COG had a motion from the April 23 meeting, that Glenwood Canyon be exempted from the inte~ Canyon state design standards to allow the design flexibility to meet the demands of the canyon. This should be kept two-laned, improved, and saved because of its scenic value. COG endorsed that motion, then turned around and said the preliminary engineering for a four- lane should be paid for. Mayor Standley stated this had been tabled at the COG meeting and Strotsky was going to come and make his presentation of the citizens advisory board that he is working with. Commissioner Kinsley moved to make a negative comment based on the fact that the ditizens advisory board for the Glenwood Canyon corridor make its determination of whats the most appropriate design for that length of interstate, and that the COG is already on record for exemption from the interstate design standards; seconded by Councilwoman Johnston. All in favor, motion carried. (d) No Name Gympsum - Councilwoman Pedersen moved to put this on the agenda; seconded by Councilwoman Johnston , All in favor, motion carried. Mayor Standley pointed out that this is the four-lane, and this grant is for acquisition for right-of-way to accommodate a future four-lane. Commissioner Kinsley made the same motion; seconded by Councilman Wishart. All in favor, motion carried. Mayor Standley asked to have these forwarded to Kinslinger and the Governor's office. COUNCIL MEETING Mayor Standley called the meeting ~o order at 6:10 p.m. with Councilmembers Behrendt, Johnston, Pedersen, Wishart, City Manager Mahoney, and City Attorney Stuller present. MINUTES Councilwoman Johnston moved to approve the minutes of the September 27 and October 6, 1976 Council meeting; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston moved to approve the accounts payable; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION 1. Mary Martin told Council that a petition had been circulated with only 27 names to close Hallam street; Bleeker street was not even on the petition. On June 28 a petition was presented to City Council with 230 names ~o re-open the two streets. Ms. Martin Re-opening would like to know why the second petition was not honored. This question should be Hallam & addressed and discussed and an answer given back. Ms. Martin stated she would have a Bleeker committee put this on the May election. Ms. Martin said she would not go along with an arbitrary mandate that roads be block. If the City does not remove the planters, she will hire a trucking company to move them. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston pointed ou~ that bricks from the mall remain in the parking lot. They should be put in a better storage space for safety, and the City needs the parking spaces this winter that the bricks are taking up. City Manager Mahoney replied that the Bricks at City has four more cars of bricks coming. The plans are to store the bri~ks in the Rio Grande enclosed yard behind the concrete fence on the Rio Grande property. Councilwoman Johnstor said it would be worth the expense to have the bricks moved. 2. Councilwoman Johnston said she would like to set a study session on zoning. This will be considered later on the agenda. 3. Councilwoman Pedersen stated it was nice to know that the vigilantes had been reacti- vated. When is the City going to get a hanging judge. 4. Mayor Standley presented each Councilmember with a biorhythm done on the City's computer. STUDENT COMMENT There were none. APPOINTMENT TO P & Z Councilwoman Pedersen moved to appoint Tom Isaacs; seconded by Councilman Behrendt. P & Z appt. Tom Isaacs Councilwoman Johnston said she would like to see the process changed so that people could be appointed apprentices ~o P & Z, so when there is a vacancy they can move right in. All in favor, motionl carried. LIQUOR LICENSE RENEWALS - Incredible Edible Health Officer Tom Dunlop stated he would recommend approval of the renewal. Dunlop Incredible wanted to make it known that there have been problems. Dunlop and David Holliff have Edibles worked out an &greement that Holliff will maintain the establishment at minimum compliance Renewal If Dunlop.has difficulti'es in the future, he will be asking Council to hold a hearing. Councilman Behrendt moved to approve the renewal including Dunlop's co~%ents; seconded by Councilwoman Johnston. All in favor, motion carried. SOUPER RESTAURANT - Purchase and Sale The Certificate of Incorporation for the liquor license has not been received from Denver yet~ Don Siegel, Donald B. Siegel, Inc., purchasing this restaurant told Council that Souper - the only change in the operation will be to expand the kitchen. This will not expand the Purchase & liquor licensed premises at all. Sale Councilwoman Johnston moved to approve the purchase and sale of Souper Restaurant; second~ by Councilwoman Pedersen. All in favor, motion carried. ASPEN BAR & GRILL - Purchase and Sale Standley questioned the outstanding debts of the former owner, Solarium, and asked Aspen Bar Mayor the applicants how they plan to satisfy these debts. Harold Mugford stated the former Grill - owner~ Charlie Hall, did not even know to whom he owed money. Alan Baldwin told Council Purchase & they had assume~ ~all~s note ahd had taken care of all the back taxes. Aspen Bar & Grill Sale Inc., has purchased the assets of the Solarium, Inc. They have made deals with all the purveyors ~,ugfo~d stated the purveyors had written off the former owners as a bad debt. Mayor Standley stated that this action jeopardizes the credit of every business in Aspen, and makes things more ~xpensive. Deanna Brinkman, owner of the building, told Council the Solarium had been closed since April 4. This business was closed by the'government; Aspen Bar & Grill has cleared that. The business was golng to be sold publicly; Aspen Bar and Brill cleared that. AB&G stopped a second foreclosure: paid the City utilities. The former business lost everything except a note on the equipment. Ms. Brinkman stated she had been working with AB&G since June; they have paid the majority of the outstanding bills. Mayor Standley stated there are debts outstanding, and the City is not in the roll to start nullifying debts of people who have liquor license~ in the City. Mayor Standley told the applicants to work out a way of making a reasonable attempt to protect purvey- ors who still have outstanding accounts. Councilman Behrendt moved to table this application for satisfaction of-the debts; seconded by Councilwoman Pedersen. The applicants, Mugford, Mitchell, and Baldwin asked Council if they could consult with their attorney and return to Council. Councilman Behrendt withdrew his motion; seconded by Councilwoman Pedersen. OLD DILLON INN OF ASPEN, INC. Purchase and Sale Mayor Standley asked for the disposition of financial liability on this transaction. Old Dillon Bill Jordon answered that the contract indicates that all creditors will be paid on or Inn - Purch~ ebefore the closing by the seller. Jordan stated they have done a uniform closure search & Sale and are working with the sellers accountant. The purchaser, Old Dillon Inn of Aspen, Inc. as giving the seller a $150,000 note, with a set off against the creditors. Health Officer Dunlop told Council he had inspected the establishment and many items have to.be corrected. Dunlop recommended approval after he makes a final inspection. Jordan stated they intended to go into the establishment after closing and clean up .all the items required by Dunlop. Councilman Behrendt moved to approve subject to Dunlop's satisfaction on final inspection; seconded by Councilman Wishart. All in favor, motion carried. BUREAU OF OUTDOOR RECREATION - Grant Chasing - Ted Armstrong Mayor Standley told Council that Ted Armstrong had attended a conference in Keystone on Bureau of funding from the BOR. Armstrong said he felt there was a lot of BOR money around, and the Outdoor City of Aspen could probably get some. Armstrong came up with the idea if the City would Rec - fund Armstrong's other half time for the month of November and December, he would write Grant grants for the BOR funds on his other half time. Mayor Standley pointed out that Armstron¢ Chasing has had 75 per cent success on BOR grants, Councilwoman Johnston has requested a clarifi- cation of Armstrong's other half time duties. Armstrong told Council that new legislation has made these BOR grants retroactive, before they were not. With the new parks, tennis courts, handball courts the City is anticipating having, there is a good possibility that some of those funds could be gotten from BOR grants. Armstrong pointed out most of these grants have a 50-50 match. Councilwoman Johnston pointed out she wanted a person whose main job was to chase grants; maybe Armstrong could be looking at County BOR grants and grants in other fields. City Manager Mahoney said he felt this was worth the seed money as Armstrong has proved he can do this in the past. Councilman Wishart moved to approve the expenditure to have Armstrong chase grants half time; seconded by Councilwoman Pedersen. All in favor, motion carried. ANNAN/SNELL Subdivision Exemption Subdivision Exemption Hal Clark, planning office, suggested to Council that if they grant this exemption on an Annan/Snell existinq duplex, they condition it upon payment of the park dedication payment, same with the Reed's. Councilman Behrendt moved to approve the Annan/Snell and'the~.Reed's exemption from subdivi- sion with payment of the park dedication fee; seconded by Councilman Wishart. All in favor, motion carried. SUNRISE APARTMENTS - Conceptual Subdivision and Subdivision Exception Request Conceptual Hal Clark told Council this was a conceptual subdivision request for an 8-unit apartment Subdivision building; five one-bedrooms; 3 studios. The planning office and P & Z recommend coneeptua and exceptic Dapproval. The applicant would also like to make application for either an exception or Sunrise exemption. The recommendation of the planning office is that there are no grounds for Apts. an exemption or an exception. Councilman Behrendt moved to approve the conceptual subdivision only; seconded by Council- woman Pedersen. All in favor, with the exception of Councilwoman Johnston. Motion carried. ASPEN BAR & GRILL Continued Marty Kahn, representing the applican~s~ told Council that he and City Attorney Stuller had worked out a proposal. The applicants will put some of the $4,500 in escrow that is to go the seller; the seller has assigned any rights to a tax refund over to the applicant: This will also be put in escrow. There will be $1500 to s3000 in escrow. They will advertise in the papers for any claims and hold the money in escrow for 90 days. Councilman Behrendt moved to approve the purchase and sale based on City Attorney Stuller's satisfaction of the financial agreement; seconded by Councilman Wishart. All in favor, motion carried. TAILINGS Final Subdivision Approval Tailings Final Hal Clark told Council this was condominiu~ization of an existing apartment building. Subdiv. One outstanding item is the par~ dedication fee. The applicant's appraisal was S44,0D0; Brian Goodheim's appraisal was fo~ $57,000. The difference is $7,876 vs $6,082. The planning office has been unable to resolve the Difference. Subject to resolving this dedication difference, the planning office would recommend approval. Bill Jochems, representing Worman, told Council he had only learned of this difference last week. The Wormans do not want to employee another appraiser. This matter has been pending since last April, and they would like a determination. Mayor Standley said the Council's disposition would be to give final approval at a dedication fee of $7,876, Jochems said they would accept this figure. Councilman Wishart moved to approve final subdivision with Goodheim's appraisal; seconded b~ Councilwoman Johnston. All in favor, motion carried. WEDUM-HYMAN Final Subdivision Reapproval Mayor Standley asked the City Attorney for an interpretation of the Code, reapproval of preliminary as well as reapproval of final plat approval must go to P & Z as well as Council respectively. The question raised is does that mean that both boards must Wedum-Hyman approve both the preliminary and final. City Attorney Stuller answered this project is Final working under the old subdivision code. Under the old ~egulations, a project had to go Subdiv. back to the P & Z and Council and get approval. Reapproval after 90 days is to make sure that there has not been a change in conditions which would make the earlier approval obsolete. Councilwoman Johnston pointed out that conditions have changed, parcel 3 was reduced in size and the tennis courts have been moved. Councilwoman Johnston argued this is a new plat and she would like to see the whole thing resubmitted. City Attorney Stuller noted there is a second proviso in the code that says if there exists engineering or survey errors, it can be corrected. However, if the correction of the error results in such major changes that the plat no longer meets the design standards, then the corrected plat shall be resubmitted to full subdivision procedures. Hal Clark told Council that the survey error did not change the density; however, the planning office has never reviewed this project under the new regulations. There is a auestion whether the project will comply with the new'regulations. Mayor Standley said the land description was a survey error, dealing with the land owner- ship, and it could be considered appropriate for reappro~al. This project has been approved by the P & Z; therefore, action on the City Council is appropriate. Clark pointed out the new subdivision regulations are more restrictive, the slope reduction would probably eliminate one unit. Mayor Standley indicated he felt Lhe project had a negative impact on the hillside and adversely impacts the tenants in Oklahoma Flats. Councilman Wishart moved to reapprove the final subdivision plat. Motion dies for lack of a second. Councilwoman Johnston moved to deny final reapproval; seconded by Councilman Behrendt. All in favor, with the exception of Councilman Wishart. Motion carried. CLEVELAND SUBDIVISION - Conceptual Subdivision and PUD Hal Clark told Council this is essentially a two lot subdivision, consisting of 30,520 Cleveland square feet, zoned R-15. The P & Z has recommended conceptual approval and has encour- aged a land trade with an adjacent property owner. The P & Z did a site inspection and Subdivision would recommend that Council do the same. This ~s a difficult site. The lot size is Conceptual large enough to accommodate a single family or duplex without going through processes. The planning office requested the applicant to file a PUD because they felt it was important in this application to proper placement of the home, access of the adjacent street, the natural slope behind the site, and Hallum Lake. There has been a survey error on the south side, which has moved the lot line. The planning office would recommend that (1) Council do a site inspection and (2) the City work with representatives of R. Oo Anderson in encouraging a land trade for this particular property with the applicant. Mayor Standley suggested scheduling a site inspection before the next Council meeting. Councilwoman Pedersen moved to table this item pending a site inspection; seconded by Councilman Behrendt. All in favor~ motion carried. ASPEN WILD SUBDIVISION - Conceptual Subdivision Mayor Standley told Council this project is nine 900 square foot studios, located in Aspen Wild the west end~~ Hal Clark stated the project consists of 9,000 square feet and is zoned Subdivisio~ R/MF. The project conforms to the subdivision reguta~£ons. The P & Z and city engineeI Conceptual both recommend approval. Mayor Standley asked if the project would be condominiumized, and if the slx month rental restriction would be included. The applicant, Lyle Reeder, told Council in reading Chapter 20 of the Municipal Code, there was nothing indicated as far as a requirement for an agreement on lease restrictions. Mayor Standley stated his concern that this not be short-term, absentee owner condominium units. ~f this appears as it is, Mayor Standley stated he would not support the project. The P & Z Commission as in the process of discussing a six month rental restriction. The planning office recommends that some provision be made for long term leasing of the units. The applicant pointed out that most of the surrounding buildings are tourist accommodations. City Attorney Stuller st~'ted that if the P & Z holds its public hearing on the long term rental, then the Council will have a'technique for denying a permit. This should occur before this project g~ts to final stages of subdivision. Councilman Wishart moved to approve conceptual subdivision; seconded by Councilman Behrendt All in favor, with the exception of Councilwoman Johnston. Motion carried. ORDINANCE %49, SERIES OF 1976 - Changes to the O, Office District Mayor Standley opened the public hearing. John Stanford, planning office, entered six documents into the record: (1) public notice of tonight's hearing (2) minutes of the P & Z Ord. 49 meeting regarding the development of the new O, Office district (3) planning office Changes to memorandum establishing criteria (4) Land use plan for Main street (5) P & Z resolutions O zone dated April 2 and August 24, 1976 recommending amendments to the zoning code and (6) planning office memo =o Council discussing the P & Z recommendations. Stanford outlined the major points of this ordinance; consolidating the two office districts into one, recognizing the fact there are small residential structures to allow for limited commercial uses to give some economic ancentive to save these small buildings, parking provided. The area and bulk~requiremen~s are similar to the R-6 zone to keep the buildings an scale with the residential character. There is a bonus FAR of .25:1 for employee housing. The FAR has been changed to .75:1. There are no changes an the boundaries of the O, Office, district. There will be allowance for more uses along.Main street. P & Z will review the conditional uses. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance %49, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE %49 (Series pf 1976) AN ORDINANCE MAKING CERTAIN AMENDMENTS TO T~E ASPEN ZONING CODE SUCH AS TO REPEAL THE O AND 0-2 OFFICE DISTRICT REGULATIONS AND CREATE A NEW O-OFFICE DISTRICT IN LIEU THEREOF; ESTABLISHING PERMITTED AND CONDITIONAL USES FOR THE DISTRICT AND REGULATIONS AFFECTING THE AREA AND BULK OF STRUCTURES WITHIN THE DISTRICT; FURTHER AMENDING THE CODE BY ESTABLISHING OFF-STREET PARKING REQUIREmeNTS IN THE NEW O-OFFICE DISTRICT, DESCRIBING WHEN A STRUCTURE WILL BE CONSIDERED TO HAVE RECEIVED HISTORIC DESIGNATION AND DEFINING THE PHRASE "MODERATE INCOME HOUSING", AND FINALLY, DELETING THE REFERENCES TO THE 0-2 OFFICE DISTRICT IN SECTIONS 24-2.1(a) AND 24-3.7(k) OF THE CODE ALL AS MORE SPECIFICALLY DESCRIBED HEREIN was read by the city clerk Councilwoman Johnston moved to adopt Ordinance %49, Series of 1976, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilman Wishart, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~50, SERIES OF 1976 - Rezoning~of the Physics Institute Ord. 50 Councilman Behrendt moved to table the public hearing;~seconded~ by'Co~ncilwoman~Pedersen. Rezoning All in favor, motion carried. Physics ORDINANCE #54, SERIES OF 1976 - Liquor License Occupational Tax Ord. 54 Mayor Standley opened the public hearing. There were no comments. Mayor Standley close~ Liquor Lic. the public hearing. tax Councilwoman Johnston moved to read Ordinance ~54, Series of 1976~ seconded by Councilwoma~ Pedersen. All in favor, motion carried. ORDINANCE %54 (Series of 1976) A~ ORDINANCE A~NDING SECTION 4-2 OF THE ASPEN MUNICIPAL CODE SO AS TO INCLUDE WITHIN THE CATEGORY OF CLASS "A" LIQUOR OPERATORS THOSE OPERATING TAVERNS, IN ADDITION TO HOTEL/RESTAURANT LICENSEES was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~54, Series of 1976, on second reading; seconde~ by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #56, SERIES OF 1976 H, Historic Designation of Arthur's Ord. 56 Councilman Wishart moved to read Ordinance ~56, Series of 1976; seconded by Councilman H, designa- Behrendt. All in favor, motion carried. tion of Arthurs ORDINANCE #56 (Series of 1976) AN ORDINANCE DESI~.~ATING ARTHUR'S RESTAURANT (LOTS K AND L OF BLOCK 58, ORIGINAL ASPEN TOWNSITE) AS AN HISTORIC STRUCTURE AND SITE AND DECLARING THAT AN E~RGENCY EXISTS REQUIRING THE ADOPTION HEREOF AS AN ~ERGENCY PROVISION PURSUANT TO SECTION 4.11 OF THE HOME RULE CHARTER was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~56, Series of 1976, on second reading. seconded by Councilman Behrendt. Roll call vote? Councilmembers Wishart, aye; Pedersen, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion carried. WEST END TRAFFIC PLAN John Stanford, planning office, told Council he had met with the West Side Improvement West end Association regarding traffic flow in the west end. At the WSIA meeting, five people traffic were appointed to be a committee to work with the planning office on this plan. Two plan concepts were developed based on the input from the meeting. From the meeting on October 20, Stanford said the planning office hoped to get a consensus to support one of the two plans and then bring this to Council for their consideration. The two plans are (1) to disperse traffic through the west end using stop signs along Hallam and Bleeker and eliminate the barricades and (2) maintain the two barricades at Hallam and Bleeker and add two more at Smuggler and Francis. CITY MANAGER 1. Mills Land Trade. Mahoney stated the Council was considering trading with Mills parcel C for 6,000 square feet to the north of Mills' property for 7,400 square feet south of Mills' property presently owned by the City of Aspen. Mahoney said the City would be getting 20,000 square feet from parcel C for approximately 13,000 square feet. Mills land Councilman Behrendt moved to authorize Mayor Standley to execute this trade; seconded by Councilwoman Johnston. Hal Clark stated this trade would allow Mills to add additional dwelling units up to five would reduce the amount of land around the park maintenance building which was approved as a conditional use by the P & Z, would reduce the size of the city land and would inter fere with the city's ability to landscape. Clark recommended that this property be condemned and purchased. Mahoney told Council that these points had been argued earlier and the planning office would support the trade with Mills. Mayor Standley asked for amendments to the motion that there be a restrictive covenant that Mills maintain the easements and that the ditches be protected. All in favor, motion carried. 2. Pride of Aspen Purchase. Council decided to put this off until the sixth penny was discussed at budget hearing. 3. Wheeler Opera House Leases. John Eldsrt, assistant finance director, submitted a memorandum to Council with recommended charges for rents at the Wheeler. Mahoney pointed Leases - out that the City will be taking a landlord position at the Wheeler as of November 1. Wheeler Opera The leases will have to come before Council to be formalized. Mahoney suggested that House the rents on the second floor Wheeler become comparable with those around Aspen. Eldert has recommended $7 or S8 per square foot. The Council decided to go for $8 per square foot. 4. Work Session on Zoning. Council set the study sessicn on zoning and dedication fees for Monday, October 18, 1976, at 7:00 p.m. ORDINANCE ~57, SERIES OF 1976 Historic Designation, Cooley Residence Ord. 57 Councilwoman Johnston moved to read Ordinance ~57, Series of 1976; seconded by Council- H designation woman Pedersen. All in favor, motion carried. Cooley Residence ORDINANCE 957 (Series of 1976) AN ORDINANCE DESIGNATING THE COOLEY RESIDENCE (LOTS C AND D OF BLOCK 59, ORIGINAL ASPEN TOWNSITE) AS AN HISTORIC STRUCTURE AND SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerkl Councilwoman Pedersen~moved to adopt Ordinance 957, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilnembers Johnston, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~58, SERIES OF 1976 Installment Contract for Street Sweeper Ord. 58 City Attorney S%uller asked that page 2~, paragraph 2, be changed to delete reference to taxes. Installment Contract/ Councilman Wishart moved to read Ordinance ~58, Series of 1976; seconded by Councilwoman Street Johnston. All in favor, motion carried. Sweeper AN ORDINANCE RATIFYING A CERTAIN LEASE OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BANK OF ASPEN PROVIDING FOR THE INSTALLMENT PURCHASE BY THE CITY OF A STREET SWEEPER OVER A PERIOD OF THIRTY-SIX MONTHS WITH QUARTERLY PAYMENTS OF $2,407.64 EACH, ALL AS MORE SPECIFICALLY PROVIDED HEREIN was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance a58, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote; Coun¢ilmembers Wishart~ aye; Pedersen aye; Johnston, aye; Mayor Standley, aye. Motion carrisd. 209,,7', Regular Meeting Aspen City Council October 12, 1976 RESOLUTION ~16, SERIES OF 1976 - Ambulance Agreement Councilwoman Pedersen moved to read Re~otution ~t6, Series of 1978; seconded by Council- Res. 16 woman Johnston. All in favor, mo~ion carried. Ambulance Agreement RESOLUTION ~16 (Series of 1976) WHEREAS~ the City Council has been presented with Joint Service Agreement between the City, Pitkin County and Aspen Valley Hospital for the supplying of ambulance services within the City and County, and WHEREAS, the Council wishes to approve said agreement and do so by resolution, all as required by the Aspen Home Rule Charter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That it does hereby ratify and approve the Joint Service Agreement for community ambulance services attached hereto and incorporated by this reference, and does authorize the mayor, Stacy Standley III, to execute the same on the City's behalf, was read by the city clerk. Councilwoman Pedersen moved to adopt Resolution #16, Series of 1976; seconded by Council- man Wishart. All in favor, motion carried. RESOLUTION a~7, SERIES OF 1976 - Puppy Smith Street Councilwoman Pedersen moved to read Resolution ~17, Series of 1976; seconded by Council- Res. 17 woman Johnston. All in favor, motion carried. Puppy Smith street RESOLUTION =17 (S~ries of 1976) WHEREAS, the City Council of the City of Aspen wishes, in commendation for Puppy Smith's twenty-five years of dedicated service to the City of Aspen, to name after him an existing roadway within the City, and further provide that if, as anticipated, this roadway is realigned as part of a pending subdivision approval, that the new roadway carries his name, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That from and after the effective date of this resolution, that access roadway found at Book 180 Page 182 of the Records of the Pitkin County Clerk and Recorder, commencing at Mill Street and traveling northwest to the Lakeview Addition to the City, and Smuggler Street, as it constitutes the northwesterly extension of said roadway, shall be designated "Puppy Smith Street". BE IT FURTHER RESOLVED that in the event that the access roadway shall be vacated and another roadway constructed in lieu thereof as the access road between Mill and Smuggler Streets, that this right-of-way be dedicated and platted as "Puppy Smith Street" for the reasons herein provided. BE IT FINALLY RESOLVED that certified copies of this resolution be forwarded to the City Engineer, Pitkin County Clerk, Pitkin County Assessor, various utilities, the U. S. Postal System (Aspen Branch) and all other agencies relying upon street address in their record keeping was read by the Mayor. Councilwoman Pedersen moved to adopt Resolution ~17, Series of 1976; seconded by Council- man Wishart. All in favor, motion carried. Councilman Wishart moved to adjourn~ at 8:30 p.m.; seconded by Councilwoman Pedersen. All in favor, motion carried. Hauter:, .City Clerk Regular Meeting Aspen City Council October 25, 1976 Mayor Standley called the meeting to order at 5~:15 p.m. with Councilmembers Behrendt, Johnston, Parry, Pedersen, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Johnston moved to approve the minutes of October 12, 1976; seconded by Council man Parry. All in favor,'motion carried. APPOINTMENT TO BOARD AND COMMISSIONS John Dukes Councilwoman Pedersen moved to appoint John Dukes as an alternate to the Board of Adjust- Bd. Adj ment; seconded by Councilman Parry. All in favor, motion carried.