Loading...
HomeMy WebLinkAboutminutes.council.19760628 Regular Meeting Aspen City Council June 28, 1976 JOINT MEETING WITH COUNTY COMMISSIONERS Joint Meetin~ The meeting was called to order at 5:10 p.m. with Councilmembers Behrendt, Johnston, Parry, Pedersen, Wishart, Mayor Standley, Commissioners Edwards, Shellman, Kinsley, and City with County Attorney Stuller present. Commissioner 1. Whitney Miller Public Opinion Poll. Miller, executive director of the Aspen Valley Improvement Association, told the Commissioners and Council he would like to present a Whitney Mil, proposal directed by Pete Marzoni, a consultant research analyst technician and research pollster. The proposal is to study the Pitkin County electorate, to take a cross section ler Public of all eleven precincts totalling roughly 10 per cent. The questionnaire would be by mail Opinion Poll and by telephone. Miller stated he felt the study would be of interest to City, County and the candidates. Miller told Council and the Commissioners that he had talked to the Chamber of Commerce and they had approved an expenditure to support this study along with the AVIA; the Board of Realtors have also approved an expenditure. The total cost would be $9,000. Miller said he would like the County to come ~in one-third, the City one-third and the private sector one-third. Miller said there had been a winter skier survey and a summer visitor survey, but no survey had been done of the people that live here. This poll could be very impor- tant to the City and County politicians. Peter Marzoni stated this program could handle up to 99 separate variables. The cost per interview is $17.50, Marzoni said that 10 per cent of the population would be over 500 interviews, which would be a reasonably adequate base. Mayor Standley stated he personally liked the idea, but was not sure this was the best timi~ for such an interview. Mayor Standley said he felt the answers would be biased, the respondants would be reacting to political issues~ and personalities. Commissioner Edwards stated he was not interested in~ financing a survey so that his opponents will know what to say at the taxpayers~ expense. Commissioner Kinsley agreed that issues get identified with personalities at election time. Councilman Wishart stated the idea of an opinion poll of the electorate is a good idea, but this is the wrong time to do it. Councilman Wishart said that essentially an opinion poll is done through the election process. Personalities do cloud the issues so it would be hard to get straight answers. Mayor Standley stated he totally endorsed the poll but felt that December would be a more appropriate time instead of right before an election. Councilmembers Johnston and Behrend~ agreed. Councilwoman Pedersen stated she distrusted polls and was not in favor of this at all. 2. UMTA Update. George Ochs told the Commissioners and Council he was holding a meeting in Aspen with regional officers of Federal agencies. The purpose of the meeting is to ~MTA Update cross fertilize all agencies as to what is going to take place. The morning session will be delivering data; there will be a revised work schedule for the study. The afternoon session will be a bus tour. Howard Ross is refining his work statement and Will present it at this meeting. The Commissioners signed the agreement with UMTA and the grant is official. 3. Report from City/County Sanitarians. Tom Dunlop handed out a report that briefly explains plague in Colorado. Mayor Standley asked for the status of the program, what is Reportfrom City/ open and what is closed. Dunlop stated they had decided to close the golf course and County sanitar- Ashcroft because of the potential problem that could have developed. Dunlop stated ians that plague is very rarely contracted by humans; ground squirrels are not attracted to humans. Dunlop stated they closed these areas because once the fleas get the plague organism, they become more aggressive. Closing these areas was a precaUtionary measure. Bob Nelson, County Sanitarian, stated they had sent rodent samples from Snowmass creek, Brush creek, in the city and down the central corridor. Only four positive cases of plague were found in rodents. Nelson stated that all samples from Thursday and Friday Plague control were negative. Nelson said they were worried about campground and Subdivision areas. The measures of dusting have at least abated the problem around these areas. Mayor Standley stated that plague was endemic in Colorado and has been here for over 100 years. Dunlop told Council and the Commissioners that they were not using ~DT as a spray at all, but were using something less toxic. Dunlop stated that plague in humans is easil~ treated with antibiotics. DunloP said he and Nelson had consulted the CDC in Fort Collins~ on all decisions. Dunlop said their actions were based on facts rather than scare tactics Commissioner Shellman said that Nelson and Dunlop should be commended for a great job; they have worked very hard. Dunlop said they the City and County ought to think about trying to eliminate the rodent population, especially down the center core. Dunlop and Nelson will work with Ted Armstrol g and Bill Smith on this program. Dunlop stated that 380 man hours were put into this project. The City spent about $200; the County spent about $1500 to control the plague. Commissioner .Edwards stated he would support a rodent control program. COUNCIL MEETING Council Meeting Mayor Standley opened the Council meeting at 6:04 p.m. with Councilmembers Behrendt, Johnston, Parry, Pedersen, Wishart, and City Attorney Stuller and Assistant City Manager Hougland present. MINUTES Councilwoman Pedersen moved to approved the minutes of June 14, 1976; seconded by Council- woman Johnston. Councilwoman Johnston asked for clarification under 1975 audit report on page 2034 of paragraph 3. Hauber stated, "If I were to compare the City of Aspen to any one of those I am directly involved in, that I think that we've weathered whatever economic problems the entire state has had plus the inflationary impact as well or better as the other entities that I am involved with." All in favor, motion carried. CITIZEN PARTICIPATION ~itizen parti- 1. William Tharp presented a petition which was a reaction of blocking off the west end cipation of Hallam and Bleeker streets. Tharp testified that traffic has increased along Francis street tenfold. Tharp stated the effect of closing these streets has been to drive traffi~ further and further into the residential area. Tharp stated he was not asking that pers°n$c~sin~ of Hallam on Hallam and Bleeker street suffer increased traffic, but that some relief be given I~and Bleeker other residential areas. Mayor StandleY said he had heard there was some problems for people living on Smuggler, Francis and North. Mayor Standley had made some phone calls and had watched was has been going on. Francis street is on the schedule for chip and seal; it is suggested that this street be mOved up. This will decrease some of the dust. Mayor Standley also suggested putting a no left turn sign so that people can't turn onto Seventh. Mayor Standley also stated that people were stymied at first by the new traffic pattern, and that the traffic on Francis and North has lessen slightly. Mayor Standley said he felt that the M.k.A. and music student traffic had made an impact on Francis street. Mayor Standley told Tharpli that the City would look into remedial things for people living in the west end. Tharp stated that Hallam and Bleeker were engineered for the kind of traffic they were receiving. Tharp said he felt that by keeping these streets closed, they were forcing traffic further back into the residential area. Mayor Standley direCted the administratio! to study this prOblem and come back at the next Council meeting with suggestions. 2. Mary Webster asked about the pattern of stop signs in the West end. Some streets hav~ four way stops, some two-way, some just yield. Mayor Sta~dley said the City needed to ~ Stop signs i~ get into an evaluation of the traffic patterns in the residential areas. This will be ~ the west end done. ~~i~ 3. Mary Lynn Munro, representing the Aspen Community School, told Council she was trying? to get together a carnival for this weekend. Ms. Munro stated she felt she had been frustrated in many departments in City hall. She had just found out it would cost $252 Community to hook up electricity temporarily on the Rio Grande for the carnival. Ms. Munro suggest~ School car- there be a format to help people comply with alt ~the rules and regulations to get special nival permit. There were codes and regulations that no one ~n City Hall told Ms. Munro about until the last minute. Mayor Standley said this was a point well taken. City Attorney Stuller said there should be a referral service; everyone should be sent to the City Attorney's office because she is most familiar with all the codes. Councilwoman Pedersen suggested that Ms. Stuller handle this, but all procedures should be outlined with descriptions and checklists. Councilman Behrendt moved to have Art Hougland work out an electrical hook up in a Rio Grande permanent position to be used on the Rio Grande property; seconded by Councilman Parry. electrical All in favor, motion carried. hook-up 4. Kisfer Mendenhalt questioned the consistency of parking in the downtown. The City's program doesn't square with the auto disincentive idea. Mendenhall stated it seemed as if the City was providing auto incentive by letting locals park downtown. Mayor Standley told Mendenhall that the parking program was an agenda item, and he could participate at that point. COUNCILMEMBER COMMENTS Councilwoman Johnston stated she was distressed about the condition of Wagner Park. She stated she felt it was getting torn up, and that it was used before it should have been. Wagner Park Councilwoman Johnston said she also noticed it was being sprinkled at 10:15 a.m., while condition the park was in use. There are some very bad spots in the park, and the City ~s throwing their investment ou~ the window. Bill Smith, Parks director, explained that there was an automatic sprinkling system set for 11 p.m., 1 a.m., and 4 a.m. There are ten laterals through the park and everyone goes on at a specific time. A CSU extension agent looked at the park before it was opened and stated it was all right to play on it. Smith stated he felt that Wagner park was too small for two baseball diamonds. The recreation program is overloaded and Wagner park is overloaded. Councilwoman Johnston stated with the kind of investments just put into Wagner park, the City has to make concessions and adjustments. Mayor Standley stated that Smith was trying to do a good job. An active park cannot look like a golf course fairway. The Council has to give Smith more than just two weeks on the job. 2. Councilwoman Pedersen asked about the paving in the west end. The streets are full Potholes of potholes, and the paving needs to be done. 3. Councilman Behrendt asked why the trash receptacles in the downtown area are constantly full. Assistant City Manager Hougland explained that he had to.make better arrangements with the trash company. At the present time, they cannot get their trucks into the Trash mall to collect the trash. Hougland is meeting with Aspen Trash to try work this out. 4. Councilman Behrendt asked if anyone had investigated taking the undergrounding lines all the way to the buildings so there would not be poles standing with one street light on them. This process would bring down a lot of poles. 5. Councilman Wishart asked when the crosswalks would get painted. Councilman Wishart Crosswalks ~lso asked to have more signs about pedestrians having the right-of-way at the entrances to town. 6. Councilman Parry asked if when one group makes a presentation to Council on an issue, it would be possible to put off a decision by Council until the next regular meeting so that all facts could be put together. City Attorney Stuller said these issues could be referred to the administration w~h a request for recommendation for action at the next meeting. Councilman Parry stated he would like to see that policy set up. Council- man Wishart stated that this policy would not allow the Council to be a responsive government. 7. Councilman Parry stated that the recreation program has an old VW bus and an old li~o that are very dangerous to use. The Council had discussed buying small buses for this Recreation program. Quicksilver has available a 12 passenger van for $5,000. Mayor Standley said program the Council had instructed Yank Mojo to work out a proposal, and directed Hougland to vehicles find out why Mojo has not gotten this together. 8. Councilman Parry stated that the Council had asked to have signs painted on the side of the buses. The signs are not there; Councilman Parry asked to have them painted. 9. Mayor Standley announced that Dick Prosence, state highway department, told City Engineer Dave Ellis that the state highway department had $350,000 for reconstruction of Highway 82 from Castle creek to Cooper avenue, including a drainage system. Highwa 10. Mayor Standley read a letter from Marler Associates, Military Weapons Divisions, indicating that Aspen is the chosen site for a thirty-five hundred acre weapons systems installation. "And, of course, when ground is broken in the spring of '79 there will have to be changes in lifestyles. A complex employing twelve to sixteen thousand on two shifts, will, of course, create a hardship." The letter went on to say that Marler Associates would like to meet with interested and cooperative people in the latter part of July or early August. Mayor Standley told Council he had telephoned these people and tried to get some solid information from them. The Chamber of Com~erce also received a letter. Councilwoman Johnston stated that the AVIA had received a letter; Commissioner Edwards had called Senator Haskell's office. Haskell's office has done a great deal of research on this project, but nothing definite has been determined. 11. Mayor Standley reported that everyone in the last three weeks has received their tax reassessment. Mayor Standley said he would like to have the finance department analyze the impact of property taxes and the mill levy taxes. Mayor Standley also would Tax Reassessment like 5he City Council to go on record directing the administration to reduce the mill levy so that the gross revenues are no grea~er than the City's gross revenues are now. Assistant Finance Director John Eldert is to have a report on the mill levy for the next Council meeting. VOLUNTEER FIRE DEPARTMENT FOURTH OF JULY BARBEQUE VFD 4th of July A memorandum was submitted asking Council to consider changing the site of the barbeque Barbeque~ from Paepcke park back to Wagner park. The reasons were listed as having toilet facilitJ ~s on the site, a larger park, and better traffic control. Councilwoman Pedersen moved ~o allow the Fire Department barbeque to be held in Wagner park; seconded by Councilman Parry. All in favor, motion carried. STUDENT COMMENTS There were none. BOARDS AND COMMISSION APPOINTMENTS Appointments Councilman Wishart moved to appoint Robert Dunlop to the Board of Examiners and Appeals; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Behrendt moved to appoint Richard Kienast and Olaf Hedstrom to the planning and zoning commission; seconded by Councilwoman Pedersen. All in favor, motion carried. R. PEA'S Application for a beer & wine license Mayor Standley opened the public hearing. City clerk reported the file, posting and R. Pea's app- publication were in order, lication for beer and w~ne Marty Kahn, representing Rich Perez, told Council Perez had been a resident of Pitkin license County for 13 years and has worked in restaurants for the past seven. Perez is the sole owner and active manager of R. Pea's. The restaurant ~s open 6 ~o 7 days a week, year -- round for lunch and dinner. Kahn stated that Perez had received numerous phone calls asking if the restaurant served liquor. Kahn told Council that Perez will police the situation closely and have a waitress serve the beer and wine. Perez has been working with Bill Smith on the trash collection and what will be done to the outside premises. There is a potential problem because there ~s only one restroom presently. Perez is willing to put in another bathroom if he is granted the liquor license. Kahn pointed out there are seven beer and wine license~. The number has remained the same for the past number of years. There has been an increase in populatioi Kahn passed out charts supporting this increase ~n population and growth. Perez had petitions from various businesses around the area urging support of this ~etition application; also petitions signed by employees in the area indicating that they don't feel the needs of the neighborhood have been meet with 170 sIgnatures. There were petitions s~gned by the general public also with 250 signatures. Councilman Wishart asked how Perez would handle the problem of people buying beer and taking into the park. Kahn stated that-depended upon what Council decided to do with the alley. If ~he alley is opened, then there would be no liquor outside. If the alley is closed, then Perez would like ~o put up some sort of enclosure which would not allow access from the outside enclosure to the park. Any structure put up outside would be done through the building inspector. Tom Dunlop, Sanitarian, told Council that R. Pea's is a very professional operation, and that he was impressed with it. There is one deficiency with the dishwashing facilities; Perez has said he will take care of the problem. Two restrooms will be required before the license can be issued. Mayor Standley asked for opponents. There were none. Mayor Standley closed the public hearing. Councilman Behrendt moved to approve the beer and wine license for R. Pea's, amending the application to inside liquor service only; seconded by Councilman Parry. Council- woman Johnston asked that the motion be amended to include that the license become effective only when two bathrooms are installed; that the Council has found that the nee.~. of the neighborhood have no~ been met, nor the desires of the inhabitants been met, and that the applicant is of satisfactory moral and financial character. Councilmembers Behrendt and Parry accepted the amendment. Councilman Wishart asked if people do carry liquor ou~ into the park, whose responsibili .y would that be. City Attorney Stuller stated it would be the responsibility of R. Pea's. The Council could file formal notice to show cause why the license should be revoked and have a formal hearing. All in favor, motion carried. Carl's CARL'S PHARMACY - Request to expand liquor license premises Pharmacy Jim Moran, representing Carl Bergman, told Council this was a request to expand the storage Storage are~ area for retail package liquor. The retail sales would remain on the western end of for liquor Carl's pharmacy. The storage area would be across the street in the basement level of the Miner's building. Moran stated that the reason for requesting the expansion is that the existing storage area upstairs at Carl's has become inadequate in the past ten years. The Miner's building, area would be in the second basement level and would be secured. Ther~ would be no sales made from that area at all. Moran stated that Hougland feels that the removal of the present storage area would allow better fire access. Chuck Dotson, regional liquor inspector, recommended against this because the premises are separated by Main street. Moran stated if the Council feels that expansion of this storage area would not offend local morals or policing problems, they would like to go to the state for approval. Ms. Stuller explained the rationale from the state for on site storage. The state wants to make sure that only licensees receive deliveries of liquor; once the liquor is there, there is the accountability problem and security problem. Ms. Stuller said she felt this case could go either way. Bergman does own the premises for planned storage, and it is. probably a better storage area. Councilman Wishart asked how the liquor would be transported. Bergman stated he planned to use a transport truck for liquor and other supplies for the drug store. There would be absolutely no carrying of cases of liquor across Main street. Councilman Behrendt moved to approve the expansion with the following conditions: (1) Bergman provide exclusive storage in the Miner's building, (2) this form 18E remain approve only as long as Bergman remains the owner of the Miner's building (3) the 18E be changed to make it clear that the extended area be only for storage and not for retailing (4) Bergman not use the present storage space that will be vacated by reason of the relocation of the liquor goods (5) this shall be declared not to be a precedent but be limited to the specifics of this particular application; seconded by Councilman Parry. All in favor, motion carried. PINOCCHIO'S - Request for expansion of liquor license premises Pinocchio's A form 18E was presented to show the proposed expansion of Pinocchio's restaurant, which is licensed for 3.2 beer. Councilman Wishart moved to approved the expansion for Pinocchio's; seconded by Councilman Behrendt. All in favor, motion carried. LIQUOR LICENSE FEES Councilman Behrendt moved to table this item until a work session can be held with the Liquor lice~ ~eregi°nal liquor inspector. The city clerk was directed to set this up; seconded by Council- fees woman Johnston. All in favor, motion carried. ASPEN SPORTS' Albie Kern, representing John Oakes and Gale Spence of Aspen Sports, told Council they had a problem building a partial second floor on top of Aspen Sports. 'Kern told Council that Aspen Sports had plans drawn up for' a second floor mn September of 1974. This was Aspen Sports to expand the retail area, storage, and offices, not for rental space. There was an encroachment on City property for an outside stairway. The Council granted this encroach- Stairway ment. Aspen Sports then went to the HPC, who considered the outside stairway and recommended that the stairway be inside. This re-design became a financial concern and was delayed for a year. In February 1976, they completed the plans. When the plans were completed, it was deter- mined that a variance was needed for the viewplane. At the same time, the P & Z had ii submitted their recommendation to Council. A portion of this recommendation was to change the 2:1 FAR, excluding storage, to 1.5:1 including storage. If Aspen Sports were to build the partial second story, they would be in conformity with 2:1 FAR excluding storage, Storage but would not be in conformity with the recommendations from P & Z. Kern told Council that Aspen Sports was one of the only buildings on that block of Cooper street that does not have a second story. Kern explained that the partial second story was approximately 3,000 square feet going from street to alley on the Red Onion side. Aspen Sports did apply to the Board of Adjustment and did receive a variance for the view plane. The Board of Adjustment felt that Aspen Sports should appear before Council with regard to the P & Z recommendation. Kern was asking Council for any relief they could give so that Aspen Sports could start construction. Aspen Sports feels that during the mall construction would be the most appropriate time ~o do their own construction. Ms. Stuller told Council that the Board of Adjustment was no~ convinced that this was a traditional hardship case. They did feel that Aspen Sports does require expansion, but that Aspen Sports had abandoned their application for more than half a year. The Board of Adjustment did not feel that the sequence of events created a hardship situation that the Board could grant relief. Aspen Sports was really arguing against a downzoning proposal, and the Board felt this should be directed to Council. Ms. Stuller reminded Council that once a written recommendation comes to Council from the P & Z, the building inspector cannot issue a building permit in derogation of those recom- mendatiohs for a period of one year, unless the City Council should adopt it, amend them, or should determine not to consider those particular recommendations. The Council would have to terminate the effect of the FAR in the CC district recommendation and the inter- pretation including storage in the CC. Mayor Standley asked planner Bill Kane to review the planning office's position on the particular recommendation and the impact that would occur if the City abandoned the zoning recommendation for the FAR in the commercial core. Kane answered that the commercial core runs from Monarch street to Hunter street and from Main street to Durant. The April 1975 zoning called for a 2:1 FAR in the CC. P & Z recently changed that in two ways; (1) the FAR is recommended to be 1.5:1 in the CC, with some bonus for employee housing and (2) the P & Z recommendation includes any sub- Zoning in ~ grade storage as part of the total FAR. Kane stated he preferred that the Council con- commercial sider all the recommendations at one time, not respond to one specific case. Kane said core that the changes to the commercial core are probably the least desirable of the total rezoning program. Kane stated it was the position of the planning office that the commercial core be the focal point for commercial expansion. It is an area that can be easily serviced. Kane told Council that the planning office was responding in the recsnt set of zoning changes to two things; (1) Council's official reaction to the previous building season (2) and the development of many large buildings in town. The commercial core is very differ- ent, and really is not an office market. Kane said the planning thrust was to de-emphasiz office zones. Kane recommended that any changes be sent back to the P & Z as they had developed a rationale for all their recommended zoning changes. Kane told Council that it is entirely possible that Cooper street may be underbuilt. The planning office maintains that the commercial core is the most logical focal point for expansion. Councilwoman Johnston asked if Council did decide to drop this one recommendation, would they have to start all over on the zoning proposals. City Attorney Stuller answered that Council could delete the FAR in the CC and the inclusion of storage space only, and ask the planning office ~o come up with new recommendations for the CC. Mayor Standley asked the planning office to comment on potential building activity that would occur if the Council dropped these two specific items. Kane stated he could not thin~k of any, and most of the single story buildings, are structurally incapable of holding a second floor. Mayor Standley said the Council cannot anticipate all the negative impacts that might occur from this kind of action. However, Mayor Standley stated he favored density or building massing in the downtown area to allow the CC district to remain vital. This applicant is not proposing professional office space, but expanding an existing viable business. Councilman Wishart moved that City Attorney Stuller draf~ a resolution deleting the two points from consideration of downzoning, incorporating the rationale, and directing the planning department to rethink those two points; seconded by Councilman Parry. Councilman Behrendt asked that a date be set for the planning department's recommendation. Kane stated they would set 45 days for this. All in favor, with the exception of Councilwoman Pedersen. Motion carried. PARKING PROPOSAL Parking Planner Bill Kane reminded Council at the last meeting, some are~ of one hour controlled proposal parking had been deleted. The planning office would like to present a broader approach to the management of auto circulation and ~o cut down on unnecessary milling of autos in the downtown area. This would include a public information program to try to get the merchants in the community to see the benefits of having their employees park at the Rio Grande. Kane stated they would like to under take a two week monitoring program so that they can come back to Council and report actual traffic counts on key streets. The streets within Monitoring pro- a two block radius of the mall will be restricted; all the rest will be unrestricted, gram except around the two post offices will be one-half hour parking. John Stanford told Council in order to facilitate this auto circulation plan, they would like to redesign the intersection at Original and Cooper streets. People cause congestion by passing Original and going on Cooper. Planters could be put in the eastbond lane, preventing cars from coming in onto Cooper. Kane stated this part of the plan could be effective only during the summer when Independence pass is open. Councilwoman Pedersen suggested having more signs along Highway 82 indicating there is free municipal parking at the Rio Grande lot. Kane pointed out an important part of the parking program is the public relations with merchants and employees. Mayor Standley asked how that would be accomplished. Stanford answered it would primarily be on a one-to-one basis, talking to the people. Councilman Behrendt stated he was against this plan because it will discourage shopping in the downtown and absolutely put over the development of the Trueman property and. push people out to the Airport Business Center. Kane stated this was an experimental program, and the planning office would monitor the results with counts of traffic volume and parking turnover. Councilman Parry moved to add one-hour controlled parking on Main street from Monarch to Hunter; seconded by Councilman Wishart. All in favor, with the exception of Councilwoma Johnston. Motion carried. Councilwoman Pedersen stated that if any parking plan were to work, there would have to be some correlation with the transportation department and the Rio Grande parking lot. Shuttle Kane said they had tried a shuttle from the Rio Grande and it had not worked. Council form Rio ~ discussed a shuttle and felt that ~n order to be successful, it had to be fast and Grande frequent. Anne Chapman objected to taking out six blocks of restricted parking. Ms. Chapman said there were a number of ZG residents who are not concerned about auto disincentive and wil~ use the unrestricted streets like a parking lot. Kiefer Mendenhall pointed that during this entire discussion on parking, there had been Parking no mention of tourists. Mendenhall stated he found it difficult to understand making a proposal decision which discouraged tourists. Kane stated the directio~ of this program is not to hassle tourists in any way, but to try to cut down on the needless, continuous circlin~ of town looking for a parking place. Parking PR Mayor Standley stated that two positive elements had come out of this discussion; (1) Redesign of a public relations program on parking should be done absolutely and (2) signing and Cooper & possible physical barricades at Cooper streets is a good idea. Mayor Standley said the Original City should go ahead with the PR and with the auto disincentive program, and take care of the northeast corner by City Market. These would be positive steps to get the people involved. Councilman Behrendt said he would be willing to change the two-hour parking to one-hour parking and would be willing to run a shuttle. Councilwoman Johnston said she would like Council to examine whether the City wants to accommodate locals, tourists, or a mix. Until this decision is made, the City will never come up with an answer. Councilman Parry moved that the City take no action this summer and leave the parking as is; seconded by Councilman Wishart. Councilwoman Pedersen added that the City get very heavily involved in PR with employees and employers, especially with the City and County, change the traffic pattern at Cooper and Original, put better signs in town directing people to the parking lot, and do the metering program. All in favor, motion carried. ENERGY CONSERVATION Energy Councilman Parry moved to table energy conservation; seconded by Councilman Wishart. All Conservatio in favor, motion carried. Councilman Wishartmovedto read Resolution ~11, Series of 1976; seconded byCouncilmanParry. All in favor Res.il,1976 motion carried. RESOLUTION 911 Deleting (Series of 1976) FAR in CC and inclu- WHEREAS, the Planning & Zoning Commission has forwarded to the Aspen sion of City Council a series of recommendations for changes to the Aspen Zoning Code, storage and, WHEREAS, the Aspen City Council is of the opinion that two of said recommendations are of questionable merit but that the interim effects of these P & Z recommendations has created a hardship to certain landowners by post- poning consideration of their pending building permit applications, and WHEREAS, the City Council may, pursuant to Section 24-11.7(a) refuse to further consider any of the recommendations and thus permit issuance of any building permit applied for which otherwise conforms to the City's existing zoning regulations, and WHEREAS, the City Council wishes to exercise this prerogative with respect to the two recommendations hereinafter described, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby refuse to further consider the following recommendations of the Planning and Zoning Commission included in the Commission's resolution dated April 2, 1976, 1. Section 1.a of said resolution recommending the establishment of an internal FAR in the CC district. 2. Section 4of the resolution to the extent that it includes sub- basement and storage areas in calculating the external FAR in the CC district. BE IT FURTHER RESOLVED that the City Council directs the planning office to reconsider planning objectives for the commercial district and present their recommendations for appropriate code changes to the Planning Commission with all diligence, was read by the City Attorney. Councilman Parry moved to adopt Resolution 911, Series of 1976; seconded by Councilman Wishart. Ail in favor, with the exception of Councilwoman Pedersen. Motion carried. PUB LEASE Pub lease Art Daily, representing the Pub, told Council the lease was a simple arrangement worked approved out between the owners of the Pub, Ms. Stuller and City Manager Mahoney. The lease is for 18 months, until April 1978; the Pub initially asked for a longer period of time, but the City felt that all leases should terminate at the same time. The rent was set by the finance department after reviewing comparable rents in the City. The Pub has had complete fire and sanitation inspections. Mayor Standley objected to the lease going as far as April 1978. Mayor Standley told Council that the people who sub-leased from the M.A.A. may be moving. The City ought to have the freedom to do something else with that space. Councilman Behrendt moved to approve the lease as it stands, but change the termination date to October 31, 1977, whereupon it can be renewed; seconded by Councilwoman Johnston. Councilman Parry pointed out if the termination date were October 1977, this would make the Pub a temporary rental. It is difficult to ask any business to have a year-to-year lease. The space would go downhill rapidly. Councilman Parry stated that the Council could arrive at a master plan with two years progress and give the Pub sufficient notice. Right now the Council doesn't have any master plan for the Wheeler Opera House at all. Councilwoman Johnston asked why the lease was being negotiated at this time. John Eldert, finance department, told Council the City was asking the Pub to make a lot of capital improvements and the Pub needed a time frame. Daily told Council that the Pub, as a business, needed to know where they were going to be located next fall; and September, when the lease expires, is a little late to relocate. Ail in favor of the motion, Councilmembers Behrendt and Johnston; opposed Councilmembers Parry, Pederse~,Wishart, and Mayor Standley. Motion NOT carried. Councilwoman Pedersen moved to approve the lease as tendered; seconded by Councilman Behrendt. All in favor, motion carried. ASPEN MAIN SUBDIVISION Aspen Main Councilwoman Pedersen moved to table this item; seconded by Councilman Behrendt. All Subdivision in favor, mo~ion carried, tabled ORDINANCE #3~, SERIES. O~.~976 - Museums as conditional use in the R-6 zone 0rd.31,1976 Mayor Standley opened the public hearing° There were no comments. Mayor Standley Museums in closed the public hearing. R-6, conditional Councilman Wishart moved to read Ordinance #31, Series of 1976; seconded by Councilman Parry. Ail in favor, motion carried. ORDINANCE #31 (Series of 1976) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE SUCH AS TO INCLUDE MUSEUMS AS CONDITIONAL USES WITHIN THE R-6 RESIDENTIAL ZONE DISTRICTS; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT HEREOF was read by the city clerk. Councilman Wishart moved to adopt Ordinance ~31, Series of 1976, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, a~e; Johnston aye; Parry, aye; Pedersen, nay; Wishart, aye~ Mayor Standley, aye. Motion carried. MALL PROGRESS AND BRICK PAVING REPORT Tony Coleman told Council why the two intersections, Galena and Cooper, and Mill and Mall progress Hyman were going to have to be closed for almost a month. The mall design calls for report integrating brick paving and black top at these two intersections. This is to tie in the mall with auto streets. Due to this part of the design, the black top has to be torn up, lay the bricks, and then put black top back in. The time frame for this con- struction will be during July. Coleman stated he had worked with Hyder, and the estimate of time to keep the streets closed is about 3 weeks. Galena and Cooper can possibly be open to one-way traffic. The Wheeler Opera House corner will be totally closed. Coleman explained that to finish out the brick paving in the mall, he had approached brick business owners about bricking their entrance ways, patios, etc. The owners of the paving of larger areas, Guido's, Mountain Plaza, indicated they should not absorb the full cost of r-o-w- doing this repaving. Wally Birk of the Tom Mix building is proceeding to do it. Bidwell abutting said he would do the brick paving if he had lucrative financing, mall Councilman Behrendt stated that paving take off was worthwhile and the City should do it up t9 ~hat point where it begins to look like we are paving private property. Coleman poin~ea out that the $16,000 figure for this brick paving included bricks, labor, every- thing. Coleman suggested that for the larger areas, Guido's and Bidwell's, if the City deemed it advisable, the City could give them the bricks and let them provide the labor. Councilman Behrendt moved that as an addition to the existing mall program, that the City~ finish out, according to Tony's program all areas described on his sheet, except for the Bidwell and Guido Meyer properties; those finish out as the rest of the merchants, but the larger areas involved only offer the gift of the brick to finish up the large areas, and they may do so if they choose; seconded by Councilman Wishart. Councilwoman Pedersen questioned giving these people bricks, and suggested they should be loaned, and retain title to the bricks. Councilwoman Johnston asked that "larger" be defined. Guido's patio and the Mountain Plaza and Tom Mix were defined as larger. Council decided to sell the bricks to these larger areas if they were interested in the program. The motion was amended to offer to sell the bricks to the larger areas. Ail in favor, motion carried. ORDINANCE ~33, SERIES OF 1976 - Annexation of Alpine Acres 0rd.33,1976 Annexation Councilwoman Pedersen moved to read Ordinance ~33, Series of 1976; seconded by Council- Alpine Acres man Behrendt. All in favor, motion carried. ORDINANCE #33 Series of 1976) AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY LUKE W. ANTHONY TO THE CITY OF ASPEN; WHICH I~AND CONSTITUTES ALL OF BLOCK 1, ALPINE ACRES SUBDIVISION; AND WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~33, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #35, SERIES OF 1976 Separating Parks and Recreation Department Ord.35, 1976 Councilwoman Johnston moved to read Ordinance ~35, Series of 1976; seconded by Council- Separating man Behrendt. All in favor, motion carried. Parks & Rec Regular Meeting ~spen ~lty ~ouncl± duIle zo, ~o ORDINANCE ~35 Ord.35 ~er±es 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 #35, Series of 1976, on first reading; seconded by Councilman Wishart~ Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE 9 36, SERIES OF 1976 - Deleting References to Parks & Recreation Department Ord.36 Deleting CouncilwOman Pedersen moved to read Ordinance 936, Series of 1976; seconded by Councilman reference Wishart. All in favor, motion carried. to parks and rec ORDINANCE ~'36 (S~ries of 1976) AN ORDINANCE AMENDING SECTION 19-121, 19-126, 19-127, 20-11(1) (d), 20-14(c), 20-15(k) and 24-8.9 OF THE ASPEN MUNICIPAL CODE SO AS TO DELETE IN EACH SAID SECTION, THE REFERENCE TO THE DIRECTOR OF PARKS AND RECREATION AND SUBSTITUTE THEREFORE A REFERENCE TO THE DIRECTOR OF PARKS ONLY was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~36, Series of 1976, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. RESOLUTION 910, SERIES OF 1976 Councilwoman Pedersen moved to table Resolution 910, Series of 1976; seconded by Council- man Behrendt. All in favor, motion carried. ELECTRIC UNDERGROUNDING EASEMENTS Acceptance of electric Councilwoman Pedersen moved to accept all the electric easements at this time; seconded undergroun~ by Councilman Behrendt. All in favor, motion carried. ing ease- ~'~ ments ORDINANCE #37, SERIES OF 1976 - Appropriation from water fund ~i Ord. 37 Councilwoman Pedersen moved to read Ordinance 937, Series of 1976; seconded by Councilman Appropri- Behrendt. All in favor, motion carried. ation from water fund John Eldert added "transfer for storm sewer construction, $205,000'! to the exPenditure column, and the figures $81 to unappropriated revenues and $701~821 to the unappropriated prior year earnings. ORDINANCE 937 (Series of 1976) AN ORDINANCE RECOGNIZING $264~067 OF Uk~APPROPRIATED CURRENT YEAR REVENUES AND PRIOR YEAR RETAINED EARNINGS IN THE WATER FUND; AND APPROPRIATING 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 REPLACEMENET 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 first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~38, SERIES OF 1976 - Appropriation from park dedication fees Ord. 38 Councilwoman Pedersen moved to read Ordinance ~38, Series of 1976; seconded by Councilman Appropria- Wishart. All in favor, motion carried. tion from park ORDINANCE ~38 dedication (Series of 1976) fees AN ORDINANCE APPROPRIATIN~ $29,000 FROM PARK DEDICATION FEES FOR PUBLIC TO~ILETS FOR WAGNER PARK ($16,000) AND THE CONSTRUCTION OF A CHILDRENS' PARK NEAR THE MALL ($13,000); kND FURTHER APPROPRIATING FROM THE SIXTH PENNY SALES TAX FUND $16,900 FOR STREET FURNISHING AND $20,000 FOR LANDSCAPING was read by the city clerk. Councilwoman Pedersen moved to ad~pt Ordinance 938, Series of 1976, on first reading; seconded by CoUncilman Behrendt. Councilwoman Johnston asked to have a presentation on the toilets and children's park, where they were going to be, etc. Roll call vote, Councilmembers Wishart, aye; Parry, aye; Behrendt, aye; Johnston, aye; Pedersen, aye; ~ayor Standley, aye. Motion carried. Regular Meeting Aspen City Council June 28, 1976 ORDINANCE ~39, SERIES OF 1976 - Appropriation from 7th penny to transit Ord. 39 Appropriation Councilwoman Pedersen moved to read Ordinance ~39, Series of 1976; seconded by Council- 7th penny man Parry. All in favor, motion carried, to transit ORDINANCE ~39 (Series of 1976) AN ORDINANCE RECOGNIZING UNANTICIPATED REVENUES TO THE SEVENTH PENNY SALES TAX FUND AND APPROVING EXPENDITURES FROM THE FUND TOTALLING $31,212 FOR TRANSIT OPERATIONS, INCLUDING THE SNOWMASS RESORT ASSOCIATION BUS SERVICE was read by the Mayor. Councilman Behrendt moved to adopt Ordinance ~39, Series of 1976, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Behrendt, aye; Parry, aye; Pedersen, aye; Johnston, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~40, SERIES OF 1976 - Appropriation from electric fund to undergrounding Councilman Behrendt moved to read Ordinance ~40, Series of 1976; seconded by Councilman Ord. 40 Wishart. All in favor, motion carried. Appropriation ielectric fund ORDINANCE 440 ito electric (Series of 1976) ~undergrounding 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 Mayor. Councilwoman Johnston moved to adopt Ordinance #40, Series of 1976, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Johnston, aye; Parry,~ aye; Behrendt, aye; Wishart, aye; Pedersen, aye; Mayor Standtey, aye. Motion carried. Councilman Behrendt moved to adjourn at 9:50 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. Kathryn S~-Hauter, City Clerk