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HomeMy WebLinkAboutminutes.council.19760712Regular Meeting Aspen City Council July 12, 1976 ~ JOINT MEETING WITH COUNTY COMMISSIONERS 1. Recyclihg Report. George Ochs told Council and Commissioners that Dacre Bush had submitted a report which outlined where . recycling is financially, what is being done. The program has made a few dollars only because of the cars sold in May. Recycling Ochs stated it was his opinion that the program was going, but not too strong. There program has been some fairly good pick up in town. The expenses are a long way from the total expenses allocated. Ochs said he would like to continue the progra~ through Labor Day. Ochs reported that they have begun to charge people at the dump on weekends. This charg~ is only for people who have not separated their trash. Mayor Standley said he felt it ' was a good idea to limit the number of auto parts that people could take out of cars at the dump. Commissioner Kinsley suggested having trash pick up bins for the recycling program down valley where the bus stops are. Council and Commissioners discussed various locations for these pick ups, and if they would work with the recycling program. Mayor Standley stated he did not want the entrances to town to look like a trash dump. 2. Rodent Control Report. Mayor Standley stated he would like the City and County Rodent control finance directors and the two sanitarians to review the finances that would be allocated program for a rodent control program and make a resolution on it. Councilman Parry asked Tom Dunlop what happens to magpies, eagles, hawks, in areas where rodent control programs take place. Dunlop answered that the amount of poison is minut~ It is strong enough to kill a rodent, but is not detrimental to other animals. Dunlop stated this poison has been commonly used in years past with no detrimental effect to the ecology and environment. Stewart Mace questioned this and asked for the address of the people Dunlop had been working with. Councilwoman Johnston asked if Dunlop had researched any other programs, like flooding or trapping. Dunlop stated for these programs you have to have people available to ~ capture and to relocate the animals. Other than flooding or trapping, this proposed program is the most common, and safest with the least after effects. The animals die and decompose in their burrows. Any animals that die on the surface would be. picked up.~ Dunlop stated he and Bob Nelson had worked with two men from the Department of ~ Agriculture and Veterinary section on developing this program. The poison is 5/10 of i per cent and deteriorates very rapidly. It is applied underground. The control measures will be as strict as possible. Stewart Mace stated that anything that has the potential for secondary kill is dangerous. There will be loss of weasels, eagles, badgers, hawks, etc. These creatures will suffer because this program will kill a number of desirable animals that support life under- ground. Mayor Standley pointed out that timing of this is not of the essence. program Council directed Dunlop and Bob Nelson to work with Stewart Mace on researching the effects of this program and report to the next Council meeting. 3. A-95 Review - Colorado Right To Read Program. Councilwoman Pedersen moved to forward the application with favorable comment; seconded by Councilman Wishart. All in favor, motion carried. A-95 Review - Solid Waste Management and Demonstration. Councilwoman Johnston moved to table this application until the next meeting and ask for ~omment from tee health department; seconded by Councilman Wishrt. All in favor, motion carried.- 4. Communications Grant. Marty Hershey, Chief of Police, told the Commissioners and Council that it was possible for the pol~ice and sheriff's department to receive federal Police monies for the area of communications. There was a study done by Corbet on engineering dept. a communications study for the city and county. Hershey stated that before the police communi- department can begin to apply for the grant, they need a study done of where to put the cations repeater sites. This particular piece of work has to be done. This grant will be the grant first major step towards consolidations of the city/county communications and record center. There will be emergency generators, telephone lines, etc. Hershey asked for $1500 from the city and county each to fund this study. Commissioner Kinsley asked exactly what the grant money would provide. Hershey answered they would get an emergency generator, telephone lines, patching in service, hot lines to fire department, hospital, etc. Ed Killam added this will be a first step in immediate improvement to the dispatch area. The telephone communications system badly needs upgrading. The system will establish five emergency lines with the same number for the fire, ambulance, sheriff, police, etc. Councilwoman Johnston stated her primary concern is to do something immediately about getting a generator. Commissioner Shellman agreed, the city and county having been talking about emergency generator for years and still don't have one. Councilman Parry moved to go ahead and authorize the $3000 expenditure for the study by th~ city and county; seconded by Councilman Wishart. All in favor, motion carried. Councilwoman Pedersen moved to mobilize a generator immediately so that the communications center can- have it; seconded by Commissioner Shellman. All in favor, motion carried. 5. Golf Course Trail. Bill Smith, director of parks, told the Commissioners and Council that it was possible to put a trail from the tot lot between the 4 and 5 fairways. Mayor Standley said the City would go for a trail if it was fenced and signed no horses. Golf Commissioner Edwards stated the reason there was a problem with horses on the golf course course is that there is no way to get across. Edwards stated if the City signed the trail and trail had a designated way for horse riders to get across the golf course, they would use the trail. Mayor Standley said the City would reserve the right to prohibit horses if they become a problem. Councilwoman Johnston moved to approve a trail as outlined; seconded by Councilwoman Pedersen. All in favor, motion carried. COUNCIL MEETING Mayor Standley called the meeting with order at 6:00 p.~. with Councilmembers Behrendt, Wishart, Parry, Pedersen, Johnston, Acting City Attorney Art Daily present. MINUTES There were no minutes for the June 28, 1976 meeting submitted. ACCOUNTS PAYABLE Councilwoman Pedersen moved To approve the ~une accounts payable; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS West end 1. Councilwoman Pedersen brought up the potholes in the west end and asked when they woul~ potholes be fixed. 2. Councilwoman Pedersen thanked the Aspen Police Department for their work and control o~ 4th of the crowds on the Fourth of July. July 3. Councilman Behrendt stated he had received complaints about the lights at ~setin park field. They were disturbing people all the way up Red Mountain. Councilman Behrendt Lights at suggested a curfew on all parks due to the noise, crowds, and lights disturbing any Iselin neighborhood. Councilman Behrendt asked if there was support for this from Council. park Mayor Standley suggested he met with City Manager Mahoney, Ted Armstrong and Bill Smith and bring a recommendation back to Council. 4. Councilman Behrendt said the City was promised brick layers working double time in the mall starting July 6th. The brick layers are six days late; what will that do to Bricking in the mall schedule. City ManaGer M'ahoney answered that Jim Furniss was meeting with the mall brick layers in the morning to work out a schedule to see if they could brick Hyman and Cooper at the same time. 5. Councilman Behrendt asked about painting the crosswalks. 6. Councilman Behrendt brought up the "pedestrians right-of-way signs" in the City. Mayor Standley told Council that Art Hougland had moved the signs to places at the entrances to town. 7. Councilman Parry stated he and Councilman Behrendt had expressed dissatisfaction with the transportation department and asked for an update. City Manager Mahoney stated he Transporta- was somewhat in agreement with that. The present director of transportation has been tion dept. very good in operational terms, keeping the buses running and on schedule, but has been lack in signing, bus stops, etc. Mahoney stated he was not sure the Council had given Mojo the funding or management support to do so. Mahoney told Council he had considered some alternatives and had interviewed some people for the job of transportation director. Mahoney has asked Art Hougland to give a hand in the transportation, and H.J. Stalf will be in charge of signing. Stalf had temporary signs made for the buses over the weekend. Jim Furniss, Mall project director, told Council he had planned to start laying bricks in the gutter the end of June. Due to the Fourth of July weekend and celebrations, the Mall progress brick work was put off. Elam closed their plant down for a week and Furniss could not get any asphalt until today. Furniss stated they were going to work six days a week, report 10 hours a day. Furniss plans to brick Hyman and Cooper streets at the same time. Furniss told Council he was having difficulty hiring brick layers, most applicants are laborers. If brick layers cannot be found in Aspen, the contractors will bring in men from Boston. Mahoney said he felt that the City is starting to move backwards. The City has to support Furniss. The City is not over budget on the mall and is not over spending, but is making a mess. Furniss pointed out that the mall has not been under construction for two months, and they have come a long way. 8. Mayor Standley congratulated City Manager Mahoney for being elected to the Board of City Managers for the state of Colorado. STUDENT COMMENTS There were no comment. ASPEN HISTORICAL SOCIETY Request to mow lawn; Special Event Permit Aspen Histor ical Society Ramona Markalunas, director of the AHS, told Council when they purchased the Stallard request to House in 1967 the historical society asked the City for lawn care and payment of the mow lawn utilities. The utilities could not be paid because of the audit procedures. The City v agreed to give a cash donation to do the lawn care. Bill Smith told Council the City mows the lawn once a week and take approximately three man hours. Councilman Wishar~ in-kind services asked if this lawn was available to the public. Mrs. Markalunas stated they allowed children to use the park and other people but did not allow active participation, like frisbie. Councilwoman Johnston asked about the contributions the City makes to the historical society. John Eldert answered that the City gives $2,500 each year since 1969. Mayor Standley brought up the mimeographing done for museum tours, walking tours, and Ashcroft tours, by the city clerk's office. This service has never been requested but has lust been done. Councilman Wishart stated he had no problem with in-kind services or cash contributions, but for the City's bookkeeping it should be recorded. Mrs. Markalunas stated she felt the historical society was as much a public service to the city as the City itself. The AHS has kept their requests to the city reasonable. Councilman Wishart indicated he felt that the in-house City bookkeeping should reflect exactly what the City is doing for the AHS. Councilman Parry moved to continue mowing the grass and uo let the budget reflect that this is an in-kind contribution on the Council budget; seconded by Councilwoman Johnston. Councilwoman Pedersen asked that this in-kind service be reviewed year to year at budget time. All in favor, motion carried. Councilman Wishart moved to continue the in-kind servlce~as they have historically been done until the Council comes to budget time and re-evaluate this at budget time; seconded by Councilwoman Johnston. All in favor, motion carried. Special Event Permit. .~ouncilman Behrendt moved to approve the special event permit for the Aspen Historical Society for August 12 for a three-way license; seconded by Council- Special event man Parry. All in favor, motion carried, permit ASPEN-ALPINE BICYCLE RACE - Request for contribution and street closures Bert Bidwell, representing the Aspen Alpine race, told Council this race would take place Aspen-Alpine ~i July 30, 31, and August 1. The road race will be 210 miles between here and Vail and bike race back again. The third day is a 40 mile race on the streets of Aspen. Bidwell stated the request for ~ Olympic teams from U.S., Canada, and Mexico will be here from Montreal. donation & street Bidwell asked that the first day, Friday July 30, that Main street between Monarch and closure Galena be closed from 7:30 a.m. to 8:30 a.m. so that the riders can get organized. Bidwel also asked to have two police officers there to help. The race will end up in front of the Hotel Jerome at approximately 1 p.m. Bidwell asked to have the streets closed from the bridge including Mill street, as the riders will be coming in fast. Terry Morse and people from the ski club will help handle the finish. On Sunday, August 1, the criterium will start at 10 a.m. Bidwell asked to have the intersections blocked off from about 9 a.m. until noon. The course for the criterium will not be known until two or three days before the race due to the condition of the streets at the present time. Bidwell stated that in order to get the Olympic teams here, the Aspen-Alpine had to guarantee all expenses from Denver to Aspen and back, and while they are here will be paid. Several restaurants have agreed to feed them and several condominiums have agreed to house them. The Aspen Alpine i~ putting up $2500 in price money. Anothe~ $1300 to $1500 will be needed to run the race. Bidwell asked the City for $1,000 contribution for the race. Councilwoman Johnston moved that the City Council contribute $1,000 to the Aspen Alpine bicycle race to help with expenses plus in-kind services; seconded by Councilman Behrendt. Bidwell told Council he will take out a S300,000 public liability insurance policy for the race. Art Daily asked that the City be listed as named insured. Daily also stated that all riders sign a release form. Mayor Standley asked that Daily review the insurance policy to make sure it is adequate. All in favor, motion carried. VACATION OF ALLEY/BLOCK 54 Councilwoman Pedersen moved to table this item as no one was present from the Ice Palace; seconded by Councilwoman Johnston. All in favor, motion carried. Mayor Standley asked that some one from the Ice Palace be present at the next meeting to explain the request. HYMAN STREET VICTORIANS - Conceptual Subdivision Approval Hyman St. Hal Clark, planning office, told Council this property is at 990 East Hyman street, is Victorian! zoned R/MF and consists of 6,000 square feet. R/MF requires 2,000 square feet per unit Concept- for two bedroom units on a lot size of less than 9,000 square feet. There is an existing ual - structure, to which will be added 2 two-bedroom condominium units. ~he applicant has approved agreed to a six month covenant on the 2 units, which the planning office feels is very appropriate in the R/MF zone. The planning office recommends approval of this subdivision. Perry Harvey, the applicant, explained that he was going to live in the structure and design the two condominium units. Councilman Behrendt moved to approve conceptual subdivision; seconded by Councilman Parry. All in favor, motion carried. ENERGY CONSERVATION Hal Clark submitted a memorandum to Council summarizing the work on this energy conserva- Energy tion for the past year. Ted Mularz, architect, has spent a great deal of time on this conserva- project. Mularz has basic support for these energy conservation regulations. Council- tion woman Johnston pointed out that the Senate finance committee has approved a tax credit insulatior of up to $225 for house insulation. Mayor Standley said he had read that some finance code agencies were knocking of up to 3/4 of a point on interest rates on houses that need some energy conservation. Ted Mularz stated he was in favor of an energy conservation ordinance. Mularz stated that the County insulation code has not appreciably affected construction costs. On a 3,000 square foot building, $600 to $800 more might be spent for insulation, but there is a credit of a smaller boiler and a lower fuel bill. Mayor Standley questioned remodels of over 50 per cent of the building value, what does that architecturally do to old buildings. Mularz stated that in some cases you can't do this 100 per cent; additions are required to come up to the code. This has not presented problems yet. Mularz stated he had not had a hard time selling the energy conservation code to any client. Clark stated they had recommended exempting single family dwellings where 90 per cent of those cases would come up. Councilwoman Pedersen moved to draft this as an amendment to the City building code; seconded by.~Councilman Wishart. Councilwoman Pedersen noted that this energy conservation is not only for cold weather, but also helps in hot weather to keep the house cool. Mularz stated he had recently abandoned designing a completely solar heated house as the solar heat constituted 25 per cent of the building cost. If the Council could see any way to offer any incentives, i.e. building permit fees, water tap fees, sewer tap fees, dedication fees, to pay for solar heating systems, people may be more willing to do solar heat. Councilman Parry asked if there were restrictions on north facing glass. Clark answered yes, but the design flexibility clause allows one to waive that if the overall heat loss design meets a certain standard. There are two parts to the code, specific performance section, and a design flexibility section. All in favor, motion carried. PURCHASE OF VAN FOR .RECREATION City Manager Mahoney told Council that a 1974 Ford van had been located for sale in the Van Aspen Times for $3550. This van has been checked out by the City shop and has been purchase recommended for purchase for the recreation department's use. Councilman Wishart asked for rec- where the money was coming from. City Manager Mahoney stated the entire transportation reation budget had to be addressed when the finance director returned. Councilwoman Pedersen moved to buy the van; seconded by Councilman Wishart. Councilman Parry reminded Council that the recreation department had had two buses purchased from the school~district. These buses have been taken over by the transporta- tion department. The recreation department no longer has buses. Councilman Parry stated the recreation department needed a van about this size to carry people to the various program that go on. Council decided this expenditure would come out of the budget as determined by the City ~ Manager and the finance director. Mayor Standley stated he felt this should be a trans- portation vehicle. All in favor, motion carried. ORDINANCE #33, SERIES OF 1976 - Annexation of Alpine Acres - Public Hearing Ord. 33 Mayor Standley opened the public hearing. Tom Dunlop, sanitarian, told Council he had Annexation send Lennie Oates a letter specifing 9 items he wanted answers to. Dunlop stated he of Alpine had not received answers to them. Mayor Standley stated when these issues were resolved, then the Council would have a second reading. Acres Councilwoman Pedersen moved to continue the public hearing; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~32, SERIES OF 1976 Designation of Floradora and Mesa Store Bakery as Historic Structures Ord. 32 Mayor Standley opened the public hearing. Floradora & Mesa Store John Stanford, planning office, showed Council where on a map these two buildings were Bakery as located. They are both on Main street. There is one other historically designated "H" building on Main street, and the planning office has some tentative applications for others. The Mesa Store Bakery and Floradora have been researched as far as their historic documentation. These buildings have been placed in the highest categories of historic building on Main street. With respect to the Floradora, it was originally the residence of Benjamin Ferris who lived in Aspen in the 1890's. The sources for the documentation of this building were an 1893 Aspen directory and a book, Colo~a.~o.'.~ Enterprising Cities. The Mesa Store bakery was originally the Gould and Grover Store. This building was historically documented by an interview with Lena VanLoon, an old Aspen resident; a quo~ from the Aspen Daily Times, July 3, 1890; and The Crystal City of the Rockies. Stanford entered the following documents into the record: public hearing for ~oint hear- lng of HPC and P & Z; public notice for public hearing before Council; historic docu- mentation of each structure including the sources listed above, title chains tracing owners of each property, dates of construction and tax assessments, interview with Lena VanLoon; owner consent forms from the present owners requesting historic designation; HPC resolution dated April 28, 1976, recommending approval of historic designation; joint resolution and report to Council from the HPC and P & Z recommending adoption; 1896 Willits map; Main street buildings analysis, historic buildings inventory, existing land use, future land use, predominant building materials. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance #32, Series of 1976; seconded by Council- man Behrendt. All in favor, motion carried. ~ ORDINANCE #32 (Series of 1976) AN ORDINANCE DESIGNATING THE SITE OF THE MESA STORE BAKERY (LOTS R AND S OF BLOCK 30, ORIGINAL ASPEN TOWNSITE) AND THE FLORADORA (LOTS P, Q, R AND S, BLOCK 37, ORIGINAL ASPEN TOWNSITE) AS HISTORIC SITES ALL AS PROVIDED BY ~RTICLE IX OF CHAPTER 24 OF THE'ASPEN MUNICIPAL CODE was read by the city clerk Councilwoman Peders~nmoved to adopt Ordinance #32, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #35, SERIES .OF 1976 - Creating parks and recreation as separate departments Mayor Standley opened the public hearing. Paula Childs asked how much this was going to cost the City. Mahoney answered there will be no additional appropriations. Eldert Ord. 35 - concurred it was possible to divide the two departments without further money needed, parks & Mahoney said Armstrong would absorb some expenses underneath himself through coaching recreation and refereeing; Smith will do the same thing~ Monies will be transferred from ditch separated construction and the mall to Smith's budget. Eldert pointed out that the recreation programs are revenue supported activities. Mayor S~andley closed the public hearing. Councilwoman Pedersen moved to read Ordinance #35, SEries of 1976; seconded by Councilmar Parry. All in favor, motion carried. ~-~ ORDINANCE #35 (Series of 1976) AN ORDINANCE ABOLISHING THE DEPARTMENT OF PARKS AND RECREATION WITHIN THE CITY OF ASPEN ADMINISTRATION AND ESTABLISHING IN LIEU THEREOF TWO SEPARATE DEPARTMENTS TO BE CALLED THE DEPARTMENT OF RECREATION AND THE DEPARTMENT OF PARKS was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance 935, Series of 1976, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~3.7,....S~IE.S OF. ~.976 - Appropriation from water fund Ord. 37 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Appropri- the public hearing. ation fron water Councilwoman Johnston moved to read Ordinance #37, Series of 1976; seconded by Council- fund woman Pedersen. All in favor, motion carried. ORDINANCE 937 (Series of 1976) AN ORDINANCE RECOGNIZING $264,067 OF UNAPPROPRIATED CURRENT YEAR REVENUES AND PRIOR YEAR RETAINED EARNINGS IN THE WATER FUND: AND APPROPRIATIONS FROM THE WATER FUND AMOUNTS FOR IMPROVING DITCH RIGHTS ($42,067), FOR THE TRUEMAN PROPERTY WATER TRANSMISSION LINE ($9,000), FOR WATER HYDRANTS ($6,000), FOR REPLACEMENT PAVING ON THE GALENA STREET WATER LINE ($2,000) AND FOR STORM SEWER CONSTRUCTION $205,000 was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance 937, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCE #38, SERIES. OF 1976 - Appropriation from park dedication fees Ord. 38 Mayor Standley opened the public hearing. Appropria- tion from Tony Coleman, mall designer, showed Council a model of the proposed children's park and park public toilets and explained the location, which will be the east side of Wagner park dedication along Mill street. The playground will have heavy timber play area. The toilets will fees be bermed. There will be a place for public telephones, which will have a place for amplification. The berms of the park and toilets can be used as grandstands for watching activities in the park. Councilwoman Johnston asked if this project was within the mall funds. Mahoney answered when the mall budget was worked out, this project was put in it. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~38, Series of 1976; seconded by Council- woman Johnston. All in.favor, motion carried. ORDINANCE #38 (Series of 1976) AN ORDINANCE APPROPRIATING $29,000 FROM PARK DEDICATION FEES FOR PUBLIC TOILETS FOR WAGNER PARK ($16,000) AND THE CONSTRUCTION OF A CHILDREN'S PARK NEAR THE MALL ($13,000); AND FURTHER APPROPRIATING FROM THE SIXTH PENNY SALES TAX FUND $16,900 FOR STREET FURNISHINGS AND $20,000 FOR LAND SCAPING was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance #38, Series of 1976; seconded by Council- woman Johnston. Roll call vote; Councilmembers Pedersen, aye; Wishart, aye; Behrendt, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #39, SERIES OF..~76 Appropriation from 7th penny to transit Ord. 39 tabled Mayor Standley opened the public hearing. John Eldert asked that this ordinance be tabled until the transportation budget can be resolved. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to table Ordinance #39, Series of 1976; seconded by Council- man Wishart. All in favor, motion carried. ORDINANCE #40., SERIES OF 1976 Appropriation from electric fund to undergrounding Ord. 40 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Appropri- the public hearing. ation from Councilwoman Pedersen moved to read Ordinance #40, Series of 1976; seconded by Council- electric woman Johnston. All in favor, motion carried. to under- grounding ORDINANCE #40 (Series of 1976) AN ORDINANCE TRANSFERRING $66,750 OF UNAPPROPRIATED REVENUES FROM THE ELECTRIC FUND TO THE ELECTRICAL UNDERGROUNDING CONSTRUCTION FUND ($36,750) AND TO THE MALL CONSTRUCTION FUND ($30,000) FOR MALL LIGHTING was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance $40, Series of 1976, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Hatlam and Bleeker street closure. City Manager Mahoney told Council the planner, Bill Kane, had spent almost a week ~n the hospital, and therefore, had not been able to work out solutions for this problem. Mayor Standley stated the petition against closing Hallam & these streets had 17 signatures of people living on Francis, and 47 living in the west Bleeker end, out of 200. Mayor Standley suggested that Mahoney take people off the petition closure against closing the streets and people from the petition in favor of closing the streets and appoint them as a committee to work with Mahoney and Kane on solutions. Council asked that the administration bring a solution to the next Council meeting. 2. Rio Grande parking. Councilman Behrendt stated that parking is a problem, and the biggest part of the problem is locals who park on the streets for long periods of time and take up high turn over spaces. Councilman Behrendt suggested the City pay people who park in the Rio Grande for over six hours $.50 a day. Councilman Behrendt pointed out Rio Grande this would be less expensive than building a parking structure. The program would only parking run six months and would require only one employee to monitor it. Councilman Behrendt proposal said the City could make the parking lot more attractive by building stairs and a trail. Mahoney added that cars left several days could only collect for one day. Councilman Wishart pointed out that Councilman Behrendt's figure of $2,000 per month for the program did not jive. If the City were paying $90 a day for cars to park down there plus an attendant, that would not come out. Councilman Wishart stated he would rather use that money to put on two more parking enforcement officers. Councilman Parry stated more enforcement officers just made the cars rotate more often. Councilwoman Johnston stated she really like the idea and felt it was good incentive to get people to park on the Rio Grande. Mayor Standley agreed the idea had merit, especiall from the PR value of it. Mayor Standley asked that the planning office evaluate this plan also. Councilwoman Pedersen Suggested havingthe-~a~propriate~l~giSla~i~nfor'thisprogram~ ready for the next meeting. Council decided they were interested in pursuing this idea and asked Councilman Behrendt, City Manager Mahoney and Planner Kane to work on it. 3. Mill Levy Report. John Eldert submitted a memorandum; this was mainly a public information item. 4. Mall budget ~ort. Eldert gave Council an expenditure summary of the mall project through June 1976. The annual budget is $1,196,140 with an additional $45,000 for Galena ~all budget street. $850,000 fDr the project was mall bonds, $346,900 is transfers from other depart- report ments. $850,000 is for the basic mall project; $30,000 is from electric fund for street lighting; $38,155 from the water department for water rights, hydrants, descending waters; $16,900 is for street furnishings; $20,000 is for landscaping; $13,000 for the children's park, and $16,000 is for public toilets. There is $40,000 for architectural fees. Some of these projects come from sixth penny funds, departmental transfers, and park dedica- tion fees. Eldert told Council that the mall budget looked good, and the City has good firm contract quotes. TREE INVESTIGATION Acting City Attorney Art Daily told Council the issue had been well laid out in City Attorney Stuller's memorandum. Daily stated that Mahoney has taken the position that he Tree is subject to the requirements that a permit should be obtained by a City official. The Investigation question becomes whether an exception for emergency circumstances is applicable. Daily stated that based upon Pete Luhn's letter, Mahoney had reason to believe that an emergency existed. Daily told Council they had to decide whether or not to prefer charges. If charges are filed, then a Council hearing date would be set. The issue is, did the City Manager have just cause for feeling that a permit was not necessary in these circumstances. Daily pointed out that Fred Braun stated also that the tree was in danger of coming down. Councilman Wishart stated in view of these letters, he felt that Mahoney was within his rights. Andy Hecht, representing Mahoney, submitted a Iet~-~' and asked that it become part of the record. Mayor Standley admitted the letter submitted as part of the proceedings alon~ with the memoranda and attachalents. Hecht stated the issue he was focusing on was what reason the tree was taken down without a permit. It was taken down based on Luhn's letter, and Mahoney felt there was an emergency. Whether or not anybody can demonstrate the tree was going to come down in the next windstorm is not the issue. Hecht stated that Mahoney would have been remiss if he had not made the decision to cut the tree based on the letter from Luhn. Hecht said the issue is not whether Mahoney has to abide by the code and procedures; they agree he does. This instance is an exception and Mahoney felt this was an emergency. The Code giv~ the City Manager the responsibility to do that. City Manager Mahoney stated he has relied on Luhn for 2% years in the tree business. Hecht said originally this tree was part of the mall design. It was not intended to be removed. It was not until Luhn's letter was it decided to remove the tree. Councilman Parry said this controversy came up only because it is necessary to get a permit. Mayor Standley answered that is what the complaint stated. The City Manager has the exceptional power in emergencies. Hecht said he was asking Council to decide there was an emergency. There is enough evidence to say this; there is a provision in the code that if an emergen¢ exists, then the City Manager does not have to go through procedures. Councilwoman Pedersen stated that Luhn's letter certainly does not sound like this was Tree an imperative situation, nor an emergency. Councilwoman Johnston stated she felt it was Investi- most important for public officials to follow procedures. Luhn wrote the letter on gation May 11 and the tree came down two weeks later. Councilwoman Johnston pointed out that cont. Mahoney certainly had time to get a tree permit. Councilwoman Johnston said she felt the Council and the City owed it to the people to see that the City's ordinances are upheld. Councilman Wishart pointed out that the Council is decid~g whether or not there was an emergency. If there was, then Mahoney did follow the ordinance. Mahoney responded to Luhn's letter the same day. Councilman Wishart agreed that public officials should follow the City's ordinances. Mayor Standley noted that last year a cottonwood tree in the west end fell down and damaged a car in a wind storm. This tree had a rotten core. Had this happened in the mall, the tree could have damaged more than a car. After the RBH tree incident, the building inspector stated he would not issue a tree cutting permit without receiving Mahoney's approval. Ted Armstrong, who also can sign a tree cutting permit, was out in limbo due to the parks and recreation situation during most of this time and could not be reached to sign a permit. Mayor Standley quoted from Hecht's letter, and stated that in talking about a small town, this requires responsive government that gets out and does something immediately. Mayor Standley pointed out that the experts in trees were involved and did agree with Mahoney. Councilwoman Pedersen questioned the methodology and was concerned that Mahoney did not take diagnostic steps. Councilwoman Pedersen stated that Mahoney should have set the groundwork properly. Councilwoman Pedersen said she did not question emergency powers and stated she did not see the emergency element in this situation. Councilwoman Johnston pointed out that this all happened on May 11; the parks thing did not~.happen until June. Councilman Wishart moved that given the facts there is a follow up letter to Luhn's original letter indicating that the tree was rotten and the tree was a hazard, Mahoney acted within the City's codes, and that the Council should not continue the proceedings against Mahoney; seconded by Councilman Parry~ Councilwoman Pedersen stated she would like to see the methodology improved. Councilmembers Behrendt, Wishart, Parry, Pedersen and~ay~r Standley in favor; Council- woman Johnston opposed. Motion carried. Council decided to refer to City Manager Mahoney, City Attorney Stuller and Building Inspector Meyrlng the ordinance in question for review. MAYOR'S DEED Councilman Behrendt moved to approve the Mayor's deed for lots D and E, Block 94, to Maurice Beririo; seconded by Councilwoman Johnston. All in favor, motion carried. RESOLUTIpN #10, SERIES OF 1976 Councilwoman Pedersen moved to table Resolution ~10, Series of 1976; seconded by Council- man Parry. All in favor, motion carried. ORDINANCe. ?.34, SERIES DF .19.76 Use of Open Space Ord. 34 Use of Mayor Standley explained this ordinance was re-written to enable restaurants to use open Open space with approval of the planning and zoning commission. Space Councilman Behrendt moved to read Ordinance #34, Series of 1976; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~34 (Series of 1976) AN ORDINANCE AMENDING SECTION ~4-3.7[d) OF THE ASPEN MUNICIPAL CODE (THE OPEN SPACE REQUIREMENTS OF THE ZONING CODE) PROHIBITING THE USE OF REQUIRED OPEN SPACE FOR COMMERCIAL ACTIVITY (UNLESS AS AN ADJUNCT TO THE USE OF AN AUBTTING RIGHT-OF-WAY), BUT EXCEPTING FROM SUCH PROHIBITION THE USE OF OPEN SPACE FOR RESTAURANTS ON RECEIPT OF PRIOR APPROVAL BY THE CITY'S PLANNING COMMISSION was read by the city clerk Councilman Behrendt moved to refer this ordinance to P & Z for comments. Motion died for lack of a second. Councilman Wishart moved to approve on first reading with the provision that P & Z comment by the second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, nay; Wishart, aye; Mayor Standley, aye. Motion carried. Ord. 41 ORDInanCE ~41,. S~IE.S ~F. 197.6 Appropriation paving additional rights-of-way abutting Appropri- the mall ation for paving Mayor Standley told Council this was to take care of entrances to buildings along the r-o-w mall. Mayor Standley asked Mahoney to check out a letter to Bert Bidwell stating that abutting the City was charging about 7 times more than other contractors. The letter stated mall Bidwell could have the work done for $160 vs. $870 if done by the city. Councilwoman Johnston moved to read Ordinance 941, Series of 1976, seconded by Councilman Wishart. All in favor, motion carried. Regular Meeting .~ Aspen City Council July 26, 1976 JOINT MEETING WITH COUNTY CO~4ISSIONERS Mayor Standley called the joint meeting to order at 5:05 p.m. with Councilmembers Behrendt, De Gregorio, Parry, Johnston, Wishart, City Manager Mahoney, City Attorney Stuller, Commissioners Shellman, Edwards, and Kinsley present. 1. A-95 Reviews. Mayor Standley told the Commissioners and Council that his administrative assistant, Phyllis Kenny, had represented the County and City at the last COG meeting. Mayor A-95 reviews Standley gave a report on the various A-95 reviews; (1) Cooperative health agreement COG meeting between COG and the western county health systems agencies was tabled. This grant was opposed by the nurses and is under investigation. Commissioner Kinsley explained that rather than have the health agencies centralized in Grand Junction, COG was pushing for people to be located in all the western counties so that more people could partici- pate. (2) Community Flu Vaccination Program was forwarded With negative comments from COG because of problems with liability. (3) School Scoliosis Screening and Treatment was approved. (4) Historic preservation was approved. (5) State Mental Health five year plan received favorable comment from all public health groups except Jackson Count and was approved by COG (6) Regional Housing Goals and Objectives was tabled fro discussion. Mayor Standley asked that Brian Goodheim have comments for the next joint meeting. a. Community Food Stamp Program. A memorandum from Betty Erickson recommended favorable comment that this program be directed toward target groups. Commissioner Shellman recommended favorable comment with qualification; seconded by Councilman Wishart. All in favor, with the exception of Councilman Behrendt. Motion carried.