HomeMy WebLinkAboutminutes.council.19760308 ~-~ ...... 3 ~.~unc~± March 8, 1976
Mayor Standley called the Council meeting to order at 5:15 p.m. with Councilmembers
Behrendt, De Gregorio, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney and
City Attorney Stuller present.
County Commissioners Joe Edwards, Michael Kinsley, and Dwight Shellman were present.
Mayor Standley explained that he and Councilwoman Johnston felt the Council and Commiss-
ioners could have their bi-monthly meetings on the same day and have the meetings overlap
so there will be communication. Both Council and Commissioners will be in regular session
and will have the power to act.
UMTA REPORT
George Ochs, County Engineer, reviewed the UMTA report briefly. Ochs told Council the
UMTA application for the grant was sent to Denver ten days ago. It went through the Denver
Report office and was forwarded to Washington D.C., where it is being circulated. Ochs said
he expected some word in two to three weeks. Ochs reported that the Commissioners had
selected consultants for two works areas; Economic Research Associates from Orlando,
Florida, and Boston had been selected for the funding alternatives study, and for the
Alternatives mode study, P B Q & D, of San Francisco, were selected.
Ochs said there was a large amount of paperwork which continues an this project. Ochs
stated that he would need UMTA's concurrence before he allowed the consultants to start
any work. Ochs reported he had sent out fiv~ proposals for the three other work areas;
light rail refinement, technical support and project management, and auto disincentive
study. Ochssaid he would need some citizens in the community to assist in reviewang
the proposals.
Commissioners Edwards asked what the consultant selection process review team was. Ochs
said the first part of the proposal as sent out, called a request for procurement. This
describes the work program. Consulting firms submit proposals describing their approaches.,
how they would do the work. These are reviewed by Ochs, the Commissioners, and independt
people in the community. Based on this, the work was redefined and resubmittals were
asked for. These resubmittals were reviewed and the selection was made. Ochs told the
Council and Commissioners he had asked for interested people to help review the proposals.
Three people from the citizens transit design committee wanted to review the proposals;
Pat Dobies of Holy Cross reviewed all the proposals. In the finance area, Jim Daggs
has worked closely as an independent judge.
RESTAURANT CERTIFICATION
. Restaurant Tom Dunlop, City Sanitarian, told Council and the Commassioners that he and Bob Nelson,
· !~Certificatic County Sanitarian, planned to hold a restaurant certification course at the Aspen
'Coukse Institute March 15 - 18. The partlcipants in the course are people who operate a food
service establishment. Dunlop said they were trying to instigate better sanitation in
restaurants and upgrade the facilities, which teaching better management practices.
This will be a comprehensive course put on by the City of Aspen and Pitkin County Depart-
ments of Environmental Health, Colorado State Health Department, Colorado Mountain
College, and Colorado-Wyoming Restaurant Association.
Dunlop said that for a restaurant to get certified they have to obtain an above average
score on a restaurant inspection afterwords, prove they have instigated some type of
employee training practice teaching the help what they have learned in school. Dunlop
said the course is well worthwhile; people can learn a lot regarding the business aspect.
Dunlop said the sanitarians can justify the inspection techniques. Dunlop reported that
the program is Federally funded. There is no local expenditure of money except his and
Bob Nelson's time. Dunlop asked that one representative from the Council and from the
Commissioners be present opening day for a short introductory speech.
Bob Nelson, County Sanitarian, said he felt this is one of the most positive approaches
the sanitation department can make to a 20 million dollar business in Pitkin County.
Nelson said that a restaurant certification can be rescinded. This places the burden on
the restaurant manager to initiate and maintain the employee training programs. The
manager must constantly watch over the employees to make sure they are handling the food
properly, and cleaning up. Nelson reported they have had excellent response to this
program. Nelson said he hoped to continue with this program through the next two or
three years in order to get all the establishments in Pitkin County through the course.
Commissioners Edwards asked what value the restaurant certification was to a restaurant
owner, other than education. Nelson answered that public recognition was the primary.
value; people will know they are eating in an establishment outstanding in sanitation.
Nelson pointed out that the certification ~s voluntary at this point. Councilman De
Gregorio asked if, in the future, they could require the course before a food license
is issued. Nelson answered yes, if they continued the course and all restaurants could
take it.
TRANSPORTatION RE.~ORT
Commissioner~ Shellman reported there had been a joint policy meeting on the bus system
Bus,system three weeks ago. Shellman stated one of the difficulties regarding the system is that
report people don't know how to us~ it; the information is not getting out. Shellman said they
did two things at the ~oint meeting; hired Ashley/Moore, a public relations office in town~
to do some advertising, and decided to hire a marketing director. Shellman said a market~l
lng director would go to the public, find out the problems with the bus system, and help
to get ready for the off season and the summer season. The City and Count~i would fund
Regular Meeting ---~ ....
the overall program for the off seaon; this would cost about $1,000 in salary.
Shellman stated they all felt that the bus system could do a muck better job in terms
of communicating its own availability and how to use it. This could entail posting the
bus schedules, advertising on radio and in the new~paper, and other methods to get out
the information to the public. Shellman told Council he had interviewed three people
for this job. Commissioner Edwards said that transportation director, Yank Mojo, felt
he needs this help. Mojo doesn't have the time to deal with building ridership.
Councilman De Gregorio moved to appropriate $500 to help fund the educational program
for the buses; seconded by Councilman Wishart. All in favor, motion carried.
Councilman Parry is to continue to help choose this person.
JOINT RESOLUTION Aspen Resource-Recovery Recycling
Dacre Bush, project director for the Aspen Resource-Recovery Recycling program, told
Council and the Commissioners they needed financial aid to kick off this program of Aspen Resource
recycling. Mayor Standley asked what heppens if the ARRR doesn't operate within their Recycling -
expenses, and their revenue schedule is off. Bush answered there would be an advisory Joint
board made up of one Council, one Commissioner, and a citizen to make monthly reports Resolution
of expenditures and revenues.
Bush stated the total liability of the City and County will be up to $20,000. Bush has
accounted for $13,000 in revenues through selling recycled materials in the first year.
The total deficit for the City and Council would be $7,000. Bush said he had talked
with the Four Corners surplus department, and there is a very good chance he will get
vehicles from them, which will save $7,000. Bush said the front end commitment would
be about $8,600; without the vehicles this could come down to around $2,000.
Councilman Wishart asked if Bush had tried to obtain Federal money. Busk answered he
had applied for an EPA grant but was turned down. Bush has received a letter from COG
instructing him to run another grant through. Councilman Wishart asked if the resolutio
were written so that if the money is not needed for vehicles, the City and Council will
get the money back. Ochs answered the existing joint budget is set up so that any
monetary gain are split between the City and County 50/50.
City Manager Mahoney said he felt this was a non-economic proposal; spending $20,000
to get $13,000 worth of scrap is non-economical. Ochs pointed out that the capital costs
in this budget are of value over a period of time. They will be used for years. Ochs
also pointed out that the volume of trash which would go into the landfill will be
substantially less. This will tend to lengthen the life of the landfill, which is
definitely a gain. The third point is no~ covered in the budget. This is experimental
compost and mulching program. There will be no revenue generated by this, but it will
benefit the people who might use them.
Commissioner Edwards agreed with Mahoney. Edwards stated it did no~ seem worthwhile to
waste more resources, like oil and gas, driving to Denver. Edwards said he would like
to see the investments in vehicles from the Four Corners, and George Ochs make a volume
analysis to show that the program can break even. Edwards said he could no~ see sub-
sidizing a loss of $8,000. Edwards said the ARRR has got to show that this will result
in a net natural resource savings. Commissloner Kinsiey said he felt Ochs had set up
a pessimistic cost schedule. This program does have major long term benefits.
Councilman De Gregorio moved to read the joint resolution; seconded by Councilman Wishart
Commissioner Shellman and Councilman De Gregorio said they felt this was a worthwhile
project. Councilman De Gregorio pointed out this is only a one year experiment.
Ail in favor, motion carried.
JOINT RESOLUTION
WHEREAS, it is a policy of both local governments to make efforts which
will enhance the environment, and
WHEREAS, it is a consistent with local government policies to pursue the
conservation of the area and the nation's natural resources, and
WHEREAS, the City of Aspen and Pitkin County, being said local governments,
have been responsive to prior recycling resource recovery work done by the
Aspen Recycle Resource Recovery group, and
WHEREAS, said ARRR group has prepared a one year experimental program
for consideration by the City of Aspen and Pitkin County (attached to and a
part of this resolution), and
WHEREAS, this program could be adopted as an amendment to the Solid
Waste Center budget of which the expenses are shared between the City and
County on a 50/50 basis,
NOW, THEREFORE BE IT RESOLVED that the City of Aspen and the County of
Pitkin hereby agree to support this one year experimental recycling and
resource recovery program with the following conditions being placed upon the
program and its sponsors:
1. The City/County Solid Waste Center budget be amended to allow
additional expenses not to exceed $22,785 and additional revenues
anticipated at a minimum level of $13,050.
2. That the maximum defitict of $9,735 be shared'equally between the
City and County governments.
3. That the User Fee Schedule be altered whereby all persons, businesses
or other entities be required to pay for use of the landfill at all
times when unsorted trash is delivered to the site.
4. The User Fee Schedule be altered so that all persons, businesses
or other entities be allowed free use of the facility at all times
when trash is delivered to the site separated in a manner which
allows for it to be easily recycled or recovered.
County Engineer responsible monitoring the anticipated
5.
The
be
for
expenditures and revenues and will make a formal report to the City
Council and the Board of Commissioners for their July 12, 1976,
meeting as to the financial status and overall operational success. I
6. Either the City Council or the Board of County Commissioners may at
their discretion terminate the financial support of the project
should there be evidence that the anticipated deficit be greater
than estimated or for any other cause considered objectionable
or an encumberance upon either governmental body.
7. Should either governmental body terminate financial support of the
project, that body will be responsible for a proper and timely
notification to the other body.
8. The County Engineer and the Board of the Aspen Recycle Resource
Recovery project shall issue YegUlar reports to the City Council
and the Board of County Commissioners on the status of this project
throughout the year and at the conclusion of the project will
prepare and issue a summary report listing all financial data, overall
success assessment statement and a submittal of a future program
based upon the success of this experiment.
Councilman De Gregorio moved to adopt the joint resolution; seconded by Councilman
Wishart.
Mayor Standley suggested that number 7, proper and timely notification, should be
amended to a 30-day notification. Councilman De Gregorio accepted the amendment to
the motion; seconded by Councilman Wishart.
Commissioners Shellman said it might be preferable to try to develop management capability
in recycling to make it economic. Councilwoman Johnston pointed out the Council and
Commissioners could make that decision when they get the reports, if it is or is not
economic. Mayor Standley suggested that the front end money be $8,650; if Bush gets
Four Corners equipment, that will be subtracted from the $8,650. Councilwoman Pedersen
asked that the agreement in #8 specify monthly or quarterly° Commissioners Edwards
asked that added to the agreement be that no expenditure of capital funds until they
have exhausted surplus possibilities.
Councilman De Gregorio moved to add these amendments to the motion to adopt the joint
resolution; seconded by Councilman Wishart. All in favor, motion carried.
Finance Director Butterbaugh pointed out there were no funds in the general fund to
appropriate for this.
Commissioners Shellman moved that the County Engineer prepare an intergovernmental
contract incorporating the terms of the joint resolution and budget; seconded by
Commissioners Kinsley. All in favor, motion carrisd.
PRIDE OF ASPEN PURCHASE
City Attorney Stuller stated the purchase price is now $45,000. Loey Rinquist will
Pride of sell the top half and donate the bottom half. The sale is conditioned on using the
Aspen land for park or public open space. Councilwoman Johnston pointed out that MS. Rinquist
is basing her price on the fact that the land would accommodate a duplex, but is not
purchase allowing the City/County to put anything on it. Commissioners Shellman said the County
interest has waned, primarily because of the change in price. Shellman stated he would
be inclined to entertain a reasonable offer at a future date, but it is not appropriate
for the County to go ahead with this now. Shellman said he would like Brian Goodheim
involved, and the planning office comment about open space uses. Commissioners Edwards
said he did not see any sense in paying the price for a duplex site, having the land
restricted, and giving a tax benefit to the seller.
Commissioner Shellman moved to ask the housing and planning offices to formulate a
substitute proposal or make a recommendation for termination; seconded by Commissioner
Edwards.
Councilman Wishart pointed out the City has been trying not to develop this area, and
that should be one of the considerations. Councilman Wishart said this was not a good
support place for employee housing. Councilman De Gregorio asked if this is in an
avalanche zone. Planner Bill Kane answered part of it is subject to sliding. Kane
said he wanted to put a proposal into more detail. Kane noted this land is very steep,
and he is discouraging development in that area.
All in favor, City and County; motion carried.
ANTI-HAIL. PETITION
ti-rail Mayor Standley told the Council and Commissioners he had talked to Michael Hernstadt and
petition had told him it was inappropriate for the anti-rail group to bring pressure of the
activity of the County through the City merely because the City happens to have the
mechanism for letting them do that. The mechanism does not exist in the County.
Mayor Standley read from Resolution ~36, passed by the Aspen City Council in September
1975. "That the City Council reaffirms its intention, if the UMTA grant is given, to
submit the question of the rail transit system to a county-wide election to assure voter
approval of the project." Mayor Standley said the Council felt they had shown good
faith by already putting it to the electorate. The City had conditioned their funds upon
ratification by the County electorate.
Anti-rail
Michael Hernstadt said the City may be doing the Commissioners a favor by brSnging this petition
to an election. The City Council will be taking leadership if they pass the proposed
initiative ordinance after the group has the requisite number of signatures. Hernstadt
said he wouldn't be surprised if the Commissioners weren't looking for a comfortable
way out of the rail mode transit as it stands. Hernstadt said the construction figure
with UMTA was 13 million dollars; Hernstadt said the figure would be closer to 5 to 7
billion dollars for 11 to 14 miles of rail. Hernstadt said this system never was viable
and his committee is aware of that.
Hernstadt told Council and the Commissioners that this symbolic initiative, if approved
by a tremendous number of voters of Aspen, may create mileage for the Commissioners.
Hernstadt said the system and process is no longer wanted in Pitkin County. Hernstadt
said his purpose is being present was to ask the Council to adopt an ordinance. Hernstadt
read the ordinance:
"That the city or any of its employees, agents, or instrumentalities shall not
engage in or involve itself in any county project which would be in furtherance
of a rail mode of transportation in the Snowmass-Owl Creek-Aspen Corridor.
The term "engage in or involve itself in" includes, without limitation, study,
examine, build, or take any action in furtherance of. The term "rail mode of
Corridor specifically includes
transportation in the Snowmass-Owl Creek-Aspen ' "
the project now under study and consideration by.the County of Pitkin in
application for an UMTA grant; provided, however, this term does not include
a rail mode of transportation from glenwood Springs to Aspen."
Hernstadt said he wanted Council to think about this, and he would bring their reaction
to his March anti-rail meeting. Hernstad~ said that if the Council joined with him or
concurred the initiative, they might be taking some leadership and giving the Commissioner
some guidance. Hernstadt said that~the process to date has cost maybe up to $500,000,
and the taxpayers and electors are getting concerned.
Commissioner~ Kinsley asked if the alternatives analysis came up with a clear choice for
bus, what effect upon the County's chances for getting money for the buses would this
have. Hernstadt answered he was lUSt talking about the rail mode alternatives. Shellman
stated the reason the County is doing the alternative study is to demonstrate that the
County will study all alternatives, not just rail. Shellman said the rail was identified
in 1973 in the Vorhees plan as a feasible alternative.
Councilman Parry said he did not understand how the County could make a study be elimina-
ting one alternative. The reports have to be equal on all phases of alternatives. City
Manager Mahoney objected to the language in the initiative and said it violates his
Charter responsibilities with respect to budgetting. County Engineer Ochs said his
feeling on the alternative analysis is that he has been getting misleading statements
interjected into the process. Ochs said there is no mess with UMT~. Ochs stated there
was no way to make an engineering estimate without being here and ].o0king at the p~oject
itself. Ochs said he felt it was unfair of Hernstadt to circulate these type of comments
around the community without thorough analysis. Ochs stated the $500,000 in-house costs
to date was inaccurate. There has been $150,000 in costs to date in preparing the grant
application, planning wo~rk in attempting to get mass transportation system developed in
the County.
Mayor Standley said to date the City has tried to act responsibly; they have followed the
leadership given by the voters. Mayor Standley said the City had made sure not to get
into anything without voter ratification. Mayor Standley said the City would not parti-
cipate in a problem that does not directly involved the City, just because the City happen
to have the mechanism. This petition would get the City misdirected for a period of time
when the Council is trying to run the government. Mayor Standley said he would hate to
see the City get sidetracked to engage in an election that the City already has had.
~ouncilman Wishart moved that the Council does not support this particular initiative
petition; seconded by Councilwoman Pedersen.
Councilman De Gregorio said he did not think the City and County should do anything to
eliminate the change to get a grant for a transportation system, whatever the alternative
is. Councilwoman Pedersen said the request in this particular affidavit is totally
unreasonable. This would eliminate members of city staff working on pricing, costs,
· nvestment in capital equipment, planning, etc.
All in favor, motion carried.
The joint meeting adjourned at 6:35 p.m. Council took a five minute recess.
MINUTES
Councilwoman Pedersen moved to approve the minutes of the February 16, 1976, special
meeting, and the February 23, 1976, meeting; seconded by Councilman Wishart. All in
favor, motion carried.
ACCOUNTS PAYABLE
Councilwoman Johnston pointed out there were no unauthorized purchase orders for the
month.
Councilwoman Pedersen moved to approve the accounts payable for February; seconded by
Councilman Wishart. All in favor, motion carried.
CITIZEN PARTICIPATION
1. Dave Farney, Little Annie Ski Corporation, told Council there had been a 34 per cent
Little Annie growth an skiing at vail last year, and 24.9 per cent for the Aspen area. Farney said
he felt Pitkin County should plan ahead. Farney passed out a draft of the Environmental
ski corp. Impact statement done for the Little Annie Ski area.
2. Hans Brucker told Council he had come up with a personal idea to save money on the
Brick paving brick job for the mall, whether it is five blocks or eight. Brucker said he thought
in mall this could save several hundred dollars. Mayor Standley said the City had already
gotten bid specs out on the mall. Brucker answered his idea could be done independently
of the bid specs and would present this to City Manager Mahoney and the planning staff
this week.
3. Hans Gramiger told Council he felt Owl Creek would be developed with the rail, not
Light rail necessarily with any other form of transportation. Gramiger said he felt light rail is
a tremendous growth generator, and the impact on Owl Creek will be great.
COUNCILMEMBER. COMMENTS
Town - 1. Councilman Behrendt said the alleys are filthy and practically impassable in certain
dirty places. The malls are still dirty. Councilman Behrendt said he would like to see an
effort made in the next week to clean them up.
Initiative 2. Councilman Wishart suggested the City look into a Charter amendment to stiffen up
or referen- the requirement for getting petitions for initiatives or referendums. City Attorney
dum petition Stuller answered that could be done by extending the number of signatures required or limiting the items that can be voted on.
Vendor at 3. Councilman De Gregorio brought up the vendor on the Little Nell's sundeck. City
~ittle Nell Attorney Stuller said the vendor had been cited by the City this morning.
4. Mayor Standley gave congratulations to the Aspen Police Department for the fine
job they did at Vail and the Colorado Law Enforcement ski race.
5. Mayor Standley told Council he~ and City Manager Mahoney were going to New York to
City's
bond rating make a presentation to Moody's on the City's electric bonds to see if they could get Aspen an A rating in the bond market.
Aspen 6. Mayor Standley said the whole deal with the Aspen Institute is getting obfuscated
Institute again. Mayor Standley asked City Manager Mahoney, Ms. Stuller, and Planner Kane to
put together a packet for the next agenda. The Institute Board meeting is on March 26,
so the timing is appropriate. Maurice Mitchell of Denver University said that DU had
not made up their minds whether to put undergraduate or graduate students here.
STUDENT COMMENTS
There were none.
BOARDS & COMMISSIONS APPOINTMENTS
P & Z Councilman De Gregorio moved to nominate both Gosta Johnson and John Schuhmacher to the
Schuhmacher Planning and Zoning Commission; seconded by Councilwoman Pedersen. Ail in favor, motion
carried. John Schuhmacher was elected by paper ballot.
Bd Examiners
Bishop Councilman De Gregorio moved to re-appoint Gene Bishop to the Board of Examiners &
Appeals; seconded by Councilman Wishart. All in favor, motion carried.
SPECIAL EVENT PERMIT - Aspen Ski Club
Special Mayor Standley explained that this permit is for the Ski Club's Las Vegas night like they
did last year. It is the major fund raising event for the ski club for the Aspen Skiers
Event permit
Aspen Ski Educational Foundation. The Eagle's Club is sponsoring the special event permit for
club the one day.
Councilman Behrendt moved to grant the special events permits; seconded by Councilwoman
Pedersen; All in favor, motion carried.
TRUEMAN PROPERTY - Conceptual Subdivision
Trueman City/County Planner Bill Kane told Council that six major points had been agreed upon
property - since the last meeting. Trueman agreed to a 60 foot road and proper alignment has been
showed. Any reference to the post office size has been dropped; the unnecessary curb
conceptual
subdivision cuts on Mill street were dropped. Adequate provision for separate conveyance of land
to the school district has been given (this is lot 4). The sporting goods rental has
been dropped. Kane said this left two issues; the use of land in the panhandle, and
the issue of the food store size.
Jim Trueman told Council he had reviewed all items discussed at the last meeting and
had made changes favorable to comments of Council. Trueman said he would much appreciate
a motion to approve the subdivision plan as submitted. Councilman Behrendt questioned
not using lot 3 for one year. Trueman said he had no problem with not developing it
for a year.
Mayor Standley's only comment was on a grocery store at 20,000 square feet. Mayor
Standley said after talking to Bryan Johnson, ETF, and Pamela Gassman, he feels that
is an inappropriate s~ze grocery store. Mayor Standley said he would like to see a
15,000 square foot grocery store, and asked for Council's opinion. Councilwoman Johnston
concurred that appropriate size is 15,000 square feet. Councilman Behrendt wanted
15,000 square feet; Councilwoman Pedersen - 15,000 square feet. Councilman Wishart
said Council~ had gone through the process, and he would stand by the duly reached
decision of 20,000 square feet. Councilman De Gregorio objected to a 20,000 square Trueman
foot store because of that 12,000 square feet is grocery and the other 8,000 square property
feet is other retail uses. 20,000 square feet is too~'much because it is not a grocery cont.
store. Councilman Parry agreed with Councilman Wishart, and said he believed that
20,000 square feet is the right size for that location.
Jim Trueman told Council he could not get an operator capable of running a store for
less that 20,000 square feet. Trueman said the grocery store is the key to the project.
Trueman said that zoning exists for a 20,000 square foot store on that piece of property.
Councilwoman Johnston objected to the size of 20,000 square feet because it is a traffic
generator and brings people from other parts of the city. Joe Porter said that Trueman
had been operating with the due process of City Council and had gone on from that
point. Council has changed their minds, and Porter said he did not know where to go
from here. Architect Larry Yaw said the basic problem is that if the 20,000 square
feet store doesn't happen, the operator of that store doesn't happen, then the whole
project doesn't happen. Yaw said he had gone through every phasing strategy possible
to make this happen.
Mayor Standley said when the Council changed their vote, they were being responsive to
the citizens. It is unfair, to say that the Council is not being predictable and con-
sistent. Aspen now has a 15,000 square foot grocery store. Mayor Standley said it would
be absurd for the Council to allow development of 20,000 square feet not knowing what
kind of political changes are quite possibly going to occur in the next couple of
months. Mayor Standley said he felt the Council had strong arguments for a smaller
grocery store. Councilman De Gregorio said he did not feel it was the City's responsi-
bility to guarantee a developer economic profit. Kane said it was desirable for the
City to express what it wants in the way of a grocery store. Kane said he had a hard
time believing that someone can't 15,000 square feet and make a store go in Aspen.
Councilwoman Pedersen said the argument in favor of a large food store was based on
Basalt and G~enwood Springs. This is Aspen, Colorado, and there are certain things
here that are valued such as scale, not too much convenience, taste.
Councilman Behrendt moved to deny the conceptual subdivision approval; seconded by
Councilwoman Pedersen.
Trueman asked Council to consider the following changes; second floor employee housing
10,000 square feet; ground floor 15,000 square foot grocery store, 10,000 square feet
other retail; basement 10,000 square feet of health center and service retail and to
include 2,000 square feet of storage for a total of 47,000 square feet.
Kane said to take 5,000 square feet out of the grocery store may not accomplish Council's
goal; it may just relocate the 5,000 squafe feet from the grocery store. The argument
against the 20,000 square foot grocery store is mainly against the non-food items; this
would just be moving them. Kane recommended this 5,000 square feet be put into service
retail uses. Architect Yaw said the specific uses would comply with the neighborhood
commercial zone. No one knows at present what uses will be in there, but they will
comply with the N/C standards. Mayor Standley said if the uses are restricted enough
and given identification so as not to pull away from the tourist retail, then it does
not create that problem. Kane said his argument is the duplication of commercial core
retailing.
Councilman Behrendt withdrew his motion; Councilwoman Pedersen withdrew her second.
The submitted site plan was marked to indicate the changes and resubmitted.
Councilman De Gregorio moved to approve the site plan as marked of to include dropping
the market to 15,000 square feet and increasing the retail to 10,000 square feet, at the
zoning discretion, include 2,000 square feet in the basement as storage and to hold the
panhandle in moratorium for one year; seconded by Councilman Parry.
Councilwoman Pedersen said she felt the town needed service/commercial areas most; not
just retail. Councilman Wishart said if, in fact, those things are needed, that is
what will move there.
All in favor of the motion with the exception of Councilwoman Pedersen. Motion carried.
ORDINANCE #4, SERIES OF 1975 - Definition of Commercial Bakeries
Mayor Standley opened the public hearing. There were no comments. Mayor Standley
closed the public hearing. 0rd~4,1976
Definition
Councilman Parry moved to read Ordinance ~4, Series of 1976; seconded by Councilwoman Commercial
Johnston. All in favor, motion carried. Bakeries
ORDINANCE #4
(Series of 1976)
AN ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF THE
SUBSECTION (bb) TO SECTION 24.3-1 SUCH AS TO PROVIDE FOR THE DEFINITION
OF COMMERCIAL BAKERY; WHICH DEFINITION PROVIDES FOR PRODUCTION AND
WHOLESALING OF BAKED GOODS BUT PROHIBITS OVER THE COUNTER SALES
THEREOF ON THE PREMISES was read by the city clerk.
Councilwoman Pedersen moved to adopt Ordinance #4, Series of 1976, on second reading;
seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye;
De Gregorio, aye; Johnston, aye~ Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley
aye. Motion carried.
ORDINANCE %6, SERIES OF 1'976 - Employee Wage ~nd Benefits
Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed
Ord.6,1976
Employee the public hearing.
Wage &
Benefits Councilwoman Johnston moved to read Ordinance %6, Series of 1976~ seconded by Council-
woman Pedersen. Ail in favor, motion carried.
ORDINANCE %6
(Series of 1976)
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ASPEN MUNICIPAL CODE CONCERNING
WAGES AND VACATION BENEFITS OF CITY EMPLOYEES, SPECIFICALLY; AMENDING SECTION
2-76 EXTENDING THE PAY SCHEDULE TO INCLUDE THREE (3) ADDITIONAL STEPS, PRO
VIDING FOR HALF-STEP INCREASES, AND ELIMINATING LONGEVITY INCREASES ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; AMENDING SECTION 2-79 AND 2-81
TO PERMIT DISPATCHERS TO ENJOY ADDITIONAL VACATION TIME IN LIEU OF HOLIDAYS;
AMENDING SECTION 2-80 TO INCREASE PAID VACATION TO EIGHT (8) HOURS PER MONTH
FOR EMPLOYEES OF LESS THAN FIVE (5) YEARS, AND TWELVE (12) HOURS PER MONTH
FOR THOSE WITH FIVE (5) OR MORE YEARS OF EMPLOYMENT; AMENDING SECTION 2-81
TO GIVE THOSE WITH TEN (10) YEARS OF SERVICE, IN LIEU OF ADDITIONAL VACATION
TIME, A 2% INCREASE IN THE CITY'S CONTRIBUTION TO THEIR PENSION FUND; AMENDING
SECTION 2-B8 SO AS TO REQUIRE VERIFICATION OF SICK ABSENCES ONLY ON REQUEST
OF THE CITY MANAGER; AND AMENDING SECTION 2-91 TO INCLUDE TWO NEW WAGE
BRACKETS AND RECLASSIFYING VARIOUS POSITIONS WITH RESPECT TO SAID WAGE
SCHEDULE was read by the city clerk.
Councilwoman Pedersen moved to adopt Ordinance 96, SEries of 1976, on second reading;
seconded by Councilman Wishart. Roll call vote; Councilmembers De Gregorio, aye; Johnston,
aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion
carried.
ORDINANCE %8, SERIES OF 1976 Undergrounding
0rd.8,1976 Mayor Standley opened the public hearing. There were no comments. Mayor Standtey closed
Undergrouhd- the public hearing.
ing Councilman Wishart moved to read Ordinance %8, Series of 1976; seconded by Councilwoman
Pedersen. Ail in favor, motion carried.
ORDINANCE %8
(Series of 1976)
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND MOUNTAIN
STATES TELEPHONE AND TELEGRAPH COMPANY PROVIDING FOR A RPOGRAM TO ACCOMPLISH
THE SIMUNTANEOUS UNDERGROUND OF THEIR RESPECTIVE FACILITIES WITHIN THE CITY;
RECITING THE REASONS FOR SUCH UNDERGROUND CONVERSIONS; REQUIRING THE CITY TO ASSUME
ITS COSTS, AND FURTHER PROVIDE MOUNTAIN STATES WITH TRENCH AND EASEMENTS FOR
ITS FACILITIES; FURTHER PROVIDING THAT THE CITY SHALL REIMBURSE TO MOUNTAIN
STATES ITS EXCESS CABLE, DISCONNECT AND CONNECT, AND SUPERVISORY COSTS;
ESTABLISHING PROCEDURES FOR INITIATING INDIVIDUAL PROGRAMS; PROVIDING
MANDATORY CONTRACT PROVISIONS FOR THE LETTING OF CONSTRUCTION CONTRACTS;
PROVIDING THAT THE AGREEMENT SHALL BE FOR AN INDEFINITE TERM AND TERMINABLE
WITH SIX (6) MONTHS NOTICE; AND CONTAINING MISCELLANEOUS PROVISIONS WITH
RESPECT TO ASSIGNMENT, ESTOPPLE, WAIVER, AND SEVERABILITY was read by the
city clerk.
Councilwoman Pedersen moved to adopt Ordinance #8, Series of 1976, on second reading;
seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen,
aye; Parry, aye, Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye.
Motion carried.
ORDINA~E #.11, SERIES OF ~.9~.6 - Appropriation for Mall Design
0rd.11,1976 Mayor Standley opened the public hearing. Mayor Standley said he wanted a clarification
Mall Design of how the money would be appropriated. City Manager Mahoney had submitted a memorandum
appropriati¢ showing allocation of those funds. It was pointed out that if designer Robin Molny can
save money over the design concept, he will share in that reduction. Mahoney said the
split of savings would be 20 per cent accrual to Molny; 80 per cent accrual to the City.
Councilwoman Pedersen moved to read Ordinance %11, Series of 1976; seconded by Council-
woman Johnston. All in favor, motion carried.
ORDINANCE %11
(Series of 1976)
AN ORDINANCE APPROPRIATING FORTY THOUSAND ($40,000) DOLLARS OF SEVENTH PENNY
SALES TAX REVENUES FOR THE DRAFTING OF WORKING DRAWINGS FOR THE PROPOSED
IMPROVEMENTS TO THE ASPEN PEDESTRIAN MALL was read by the city clerk.
Councilwoman Pedersen moved to adopt Ordinance %11, Series of 1976, on second reading;
seconded by Councilwoman Johnston. Roll call vote; Councilmembers Pedersen, aye; Parry,
aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye.
Motion carried.
CITY MANAGER
1. Holy. ~ross. City Manager Mahoney told Council that this property was appraised in
1972 for $424,353 for the building and the land. Mahoney said he had discussed the
Holy Cross
franchise & different ways of appraising with Holy Cross. If the Council wants to go with franchise,
purchase of
property
it will cost an election. Mahoney said t~at Holy Cr~ss wants a twenty year franchise.
Mahoney said the Holy Cross property will cost the City $100,000 cash. Ed Grange had
submitted some figures to Mahoney on the conservative estimates of the franchise over the
next ten years. Between 1976 and 1985, the franchise tax will net the City $195,000.
Mahoney said it did not matter where the City borrowed the money from, there is a flow
of revenue to cover the $100,000. Mahoney said the Council had to decide if they wanted
to enter into a franchise, go to an election, and pay the $100,000. City Attorney Stuller
pointed out that Holy Cross was trying to forestall another attack on their ability to ~
operate in the City. This is important to them.
Councilman Wishart moved to instruct City Manager Mahoney to continue to move with City
Attorney Stuller to develop this acquisition; seconded by Councilwoman Pedersen. All in
favor, motion carried.
2. Alexander Grant Letter. Mahoney explained this is a contract letter between Alexander
Grant and the City to ~udit the City's books. Alexander
Grant contract
Councilwoman Pedersen moved to approve the contract; seconded by Councilman Parry. All
in favor, motion carried.
3. Wheeler Opera House L~..ases.
Councilman Parry moved to instruct City Manager Mahoney to negotiate contracts individuall~
with various tenants for submittal to Council recognizing various conditions stated in Wheeler Opera
the study session, not making them long term leaSes; seconded by Councilman De Gregorio. House
All in favor, motion carried.
ORDINANCE #5, SERIES OF 1976 - Amending Area & Bulk Requirements
Councilwoman Johnston mOved to read Ordinance ~5, Series of 1976; seconded by Councilman Ord.5,1976
Behrendt. All in favor, motion carried. Area & Bulk
ORDINANCE #5 requirements
(Series?iof 1976)
AN ORDINANCE MAKING A SERIES OF AMENDMENTS TO THE AREA AND BULK REQUIRE-
MENTS OF THE ASPEN ZONING CODE, SECTION 24-3.4; AMENDMENTS ELIMINATE THE DIS-
TINCTION BETWEEN SUBDIVIDED AND UNSUBDIVIDED LANDS IN CALCULATING MINIMUM
~OT ARE~ MINIMUM LOT AREA PERDW~LING UNIT, AND MINIMUM LOT WIDTH
IN THE R-15, R-30, R-40, AND RR ZONE DISTRICTS; AND WHICH AMENDMENTS
ALSO ESTABLISH A UNIFORM MINIMUM LOT AREA FOR ALL STRUCTURES IN THE R/MF
DISTRICT OF 6,000 SQUARE FEET; AND FURTHER AMEND THE R/MF DISTRICT REQUIRE~ !f~
MENTS BY PROVIDING THAT MINIMUM LOT AREA FOR DUPLEX STRUCTURES IN THIS~
DISTRICT BE CALCULATED AS IT IS FOR MULTIFAMILY STRUCTURES was read by the ~
city clerk.
Councilwoman Pedersen moved to adopte Ordinance #5, Series of 1976, on first reading;
seconded by Councilman De Gregorio. Roll call vote; CoUncilmembers Behrendt, aye;
De Gregorio, aye; Johnston, aye; Parry, aye~ Pedersen, aye; Wishart, aye; Mayor Standley,
aye. Motion carried.
ORDINANCE ~7, SERIES OF 1976 - Consumer Protection
Councilman Wishart moved to read Ordinance #7, Series of 1976; seconded by Councilwoman
Pedersen~ All in favor, mo~ion carried. 0rd.7,1976
Consumer
ORDINANCE #7 Protection
(S~ries of 1976)
AN ORDINANCE AMENDING SECTIONS 12-36 AND 12-11 OF THE ASPEN MUNICI~L
CODE SUCH AS TO REQUIRE BUSINESS LICENSEES TO REFRAIN FROM ENGAGING IN
UNFAIR TRADE PRACTICES; AND FURTHER PROVIDING THAT IN THE EVENT THERE
IS CAUSE TO BELIEVE THAT CITY LICENSES SHALL NOT ISSUE OR BE REVOKED,
THAT THE FINANCE COMMITTEE MAKE SUCH DETERMINATION ONLY AFTER CONDUCTING
AN APPROPRIATE HEARING ON THE MATTER was read by the city clerk.
Councilwoman Pedersen moved to adopt Ordinance ~7, Series of 1976, on first reading;
seconded by Councilwoman Johnston. Roll call vote; Councilmembers De Gregorio, aye;
Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor S~andley;
aye. Motion carried.
ORDINANCE 99, S~RI~S OF..1976 - Increasing Dog Fines
Councilwoman Pedersen moved to read Ordinance ~9, Series of 1976; seconded by Councilman Ord.8,1976
De Gregorio. All in favor, motion carried. Dog fines
ORDINANCE ~9
(S~ries of 1976)
AN ORDINANCE MAKING A SERIES OF AMENDMENTS TO THE PROVISIONS OF THE ASPEN ~
MUNICIPAL CODE CONCERNING THE LICENSING AND IMPOUNDING OF DOGS; AMENDING
SECTIONS 5-28 AND 5-31 TO INCREASE FROM $1.50 TO $2.00 THE CHARGE FOR
ISSUING OR TRANSFERRING A DOG TAG; AMENDING SECTION 5-45 TO INCREASE
FROM $4.00 TO $5.00 THE CHARGE FOR IMPOUNDING DOGS, AND, IN THE SAME
SECTION, INCREASING FROM $4.00 PER DAY TO $5.00 PER DAY THE CHARGE FOR
MAINTAINING IMPOUNDED DOGS; AND AMENDING SECTION 5-68(c) SO AS TO
ESTABLISH A NEW PENALTY ASSESSMENT FOR FAILURE TO DISPLAY TAGS ~F
$5.00; AND INCREASING THE PENALTY ASSESSMENT FOR FAILURE TO HAVE
RABIES VACCINATION FROM $10.00 TO $15.00 was read by the city clerk.
CouncilmahlDe Gregorio asked who gets increase in dog i'~fe~s, city Attorney STuller
answered the City does, because the City had a contract with Lew-Lou's for payment at a
set price.
~ _ .... = ........ ~arc~ 8, 1976
Councilwoman Pedersen said she would like to see the reasonable efforts to notify the
owner made more strong. City Attorney Stuller said she would amend that to at least
attempt to contact by mail. Councilman De Gregorio said notice to owner section read
"duty of the poundmaster or animal warden!'. This should be pinned down to one to make
~r!the6ther~responsible. It was agreed thattheanimalwardenalone should beresponsible for giving
the notice,
Councilwoman Pedersen moved to adopt Ordinance 99, Series of 1976, on first reading as
amended; seconded by Councilman Wishart. Roll call vote; Councilmembers Johnston, aye;
Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley
aye. Motion carried.
ORDINAl. ~E..9~..0, SERIES O? 1976 - Graphic Design R~view
Ord.10,1976 Councilwoman Pedersen moved to read Ordinance 910, Series of 1976; seconded by Councilman
Graphic De Gregorio. All in favor, motion carried.
Design ORDINANCE %10
(Series of 1976)
~N ORDINANCE AMENDING ARTICLE V OF CHAPTER 24, THE SIGN CODE OF THE CITY
OF ASPEN, SO AS TO REQUIRE THAT BEFORE ANY EXTERIOR GRAPHIC DESIGNS ARE
PAINTED WITHIN THE CITY A PERMIT MUST ISSUE THEREFORE; PROVIDING THAT THE
GRAPHIC DESIGN PERMIT APPLICATIONS BE REVIEWED BY THE CITY COUNCIL (AND
HISTORIC PRESERVATION COMMITTEE IF PROPOSED TO BE LOCATED IN AN HISTORIC
DISTRICT OR ON AN HISTORIC STRUCTURE); PROHIBITING THE USE OF DIRECT OR
INDIRECT LIGHTING OR MOVING PARTS ON A GRAPHIC DESIGN; AUTHORIZING THE
CITY COUNCIL TO ATTACH REASONABLE CONDITIONS TO A PERMIT APPROVED (INCLUDING
ANNUAL MAINTENANCE INSPECTIONS); GIVING SPECIAL CONSIDERATION TO HISTORIC
SIGNS; AND PROVIDING THAT NO PERMIT NEED BE APPLIED FOR TO REPAINT ANY
GRAPHIC DESIGN FOR WHICH A PERMIT HAD PREVIOUSLY ISSUED was read by the
city clerk.
Councilwoman Pedersen moved to adopt Ordinance 910, Series of 1976, on first reading;
seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Pedersen,
aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Mayor Standley, aye.
Motion carried.
ORDINANC~ 912, SERI~S QF 1976 - Swimming Pools Covered
Councilman Behrendt asked that winter be defined as October 1 to May 1; that therapy
Ord.12,1976 pools be added; covered should be defined as insulated-type covers; and that the evening
l '~iSwimming hours be changed to 3 p.m. to 9 p.m. Councilman De Gregorio asked to define "intense
Pools to be use'!. City A~torney Stuller said she hoped the officers enforcing this would understand
:covered "intense use" and that people would keep the pool covered when it is not actually in
use.
Councilwoman Johnston moved to read Ordinance 912, Series of 1976, as amended on first
reading; seconded by Councilman Parry. Ail in favor, motion carried.
ORDINANCE 912
(Series of 1976)
AN ORDINANCE AMENDING THE ASPEN CRIMINAL CODE BY THE ADDITION OF SECTION
13-74 THERETO REQUIRING THAT ALL OUTDOOR RECREATIONAL HEATED SWIMMING
POOLS BE COVERED EXCEPT DURING THE HOURS OF 3:00 P.M. TO 9;.O~0.P.M.
DAILY AND DURING TIMES OF ACTUAL INTENSE USE, A CONVICTION FOR WHICH WILL
SUBJECT A VIOLATOR TO A FINE NOT EXCEEDING THREE HUNDRED ($300.00) DOLLARS
OR NINETY (90) DAYS IMRPISONMENT, OR BOTH SUCH FINE AND IMPRISONMENT;
FURTHER AMENDING THE MUNICIPAL CODE BY THE ADDITION OF SECTION 23-24 WHICH
AUTHORIZES THE SUPERINTENDENT OF THE ELECTRIC DEPARTMENT TO TERMINATE
ELECTRIC SERVICE TO CUSTOMERS WHO HEAT SUCH POOLS WITH ELECTRIC POWER AND
FAIL TO ABIDE BY THE PROHIBITIONS OF SECTION 13-74 was read by the city clerk.
Councilman Behrendt asked that the city mail a copy of this ordinance to every pool owner
in the city.
Councilman Behrendt moved to adopt Ordinance 912, Series of 1976, on first reading as
amended; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pedersen,
aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Mayor
Standley, aye. Motion carried.
ORDINANC~ 913, SERIES OF ~976 - Subdivision Dedication PJequirements
Ord.13,1976 Councilman De Gregorio moved to read Ordinance 913, s~ries of 1976; seconded by Council-
Subdivision woman Pedersen. All in favor, motion carried.
dedication ORDINANCE 913
requirements (Series of 1976)
AN ORDINANCE IMPOSING A PARK DEDICATION FEE ON ALL NEW RESIDENTIAL AND
~ ~ COMMERCIAL DEVELOPMENT WITHIN THE CITY OF ASPEN; WHICH FEE SHALL, IN THE
CASE OF COMMERCIAL DEVELOPMENT, EQUAL THE VALUE OF SIX (6%) PER CENT OF
THE LAND PROPOSED AS THE DEVELOPMENT SITE; NAD IN THE CASE OF RESIDENTIAL
~ DEVELOPMENT BE CALCULATED ACCORDING TO THE NUMBER OF ANTICIPATED RESIDENTS;
PROVIDING THAT LAND SHALL BE VALUED IN ITS UNDEVELOPED STATE AND BE
APPRAISED BY A QUALIFIED APPRAISER IF THE CITY AND DEVELOPER CANNOT AGREE
ON VALUE; EARMARKING CASH PROCEEDS FOR ACQUISITION OF PARK AND RECREATION
LANDS AND THEIR IMPROVEMENT; WAIVING IMPOSITION OF THE FEE IF A SIMILAR
DEDICATION HAS BEEN MADE AT THE TIME OF THE SUBDIVISION OF THE DEVELOPMENT
Regular meet~n9
SITE; REPEALING AND REENACTING SECTION 20-18 OF THE ASPEN MUNICIPAL CODE
~a) DELETING THE EXEMPTION TO THE SUBDIVISION DEDICATION REQUIREMENTS
EARLIER GIVEN TO DUPLEX, TRIPLEX AND FOURPLEX DEVELOPMENTS, AND (b)
PROVIDING FOR APPRAISAL OF IMPROVED SITES ACCORDING TO THEIR HIGHEST AND
BEST USES INCLUDING USE OF NONCONFORMING STRUCTUP~ES was read by the city
clerk.
Councilman De Gregorio moved to adopt Ordinance 913, Series of 1976, on first reading;
seconded by Councilman Wishart. Roll call vote; Councilmembers Wi~hart, aye; Behrendt,
aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye.
Motion carried.
O~DINANCE ~14.~ SERIES OF 1976 A~ending the Criminal Code
councilwoman Pedersen moved to read Ordinance 914, Series of 1976; seconded by Councilman
De Gregorio. Ail in favor, motion carried. 0rd.14,1976
Amending
ORDINANCE #14 criminal code
(Series of 1976)
AN ORDINANCE AMENDING THE ASPEN CRIMINAL CODE BY THE ADDITION OF SECTION
13-10 THERETO; ESTABLISHING THE CRIME OF CRIMINAL ATTEMPT WHICH OCCURS
WHEN A DEFENDANT INTENTIONALLY ENGAGES IN CONDUCT CONSTITUTING A SUB-
STANTIAL STEP TOWARD COMMISSION OF AN OFFENSE; DEFINING WHAT CONSTITUTES
A "SUBSTANTIAL STEP"; DECLARING THAT FACTUAL OR LEGAL IMPOSSIBILITY SHALL
NOT CONSTITUTE AN AFFIRMATIVE DEFENSE; MAKING A CRIME THE ATTEMPT TO ACT
AS AN ACCESSORY BEFORE THE FACT; DECLARING ABANDONMENT OF EFFORT TO COMMIT
THE CRIME AN AFFIRMATIVE DEFENSE;AND PROVIDING THAT VIOLATION OF THIS
SECTION SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED THREE HUNDRED ($300.00)
DOLLARS OR IMPRISONMENT NOT TO EXCEED NINETY (90) DAYS, OR BOTH SUCH FINE
AND IMPRISONMENT was read by the city clerk
Councilwoman Pedersen moved to adopt Ordinance 914, Series of 1976, on first reading;
seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; De Gregori~
aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion
carried.
ORDINANCE ~15, ~E~IES.~O? 1976 - Juvenile Jurisdiction in Municipal Court
City Attorney Stuller explained that the City was having problems citing juveniles into
Municipal Court because of the possibility of jail sentences. Once the possibility of Drd.15,1976
jail sentences is eliminate~, juveniles may be prosecuted in Municipal Court. Juvenile
Jurisdiction
Councilman De Gregorio moved to read Ordinance 915, Series of 1976; seconded by Council- in Municipal
woman Pedersen. All in favor, motion carried. Court
ORDINANCE ~15
(Series of 1976)
AN ORDINANCE AMENDING SECTION 1-8 OF THE ASPEN MUNICIPAL CODE CONTAINING
THE GENERAL PENALTY PROVISION OF THE CODE WHICH AMENDMENT PROVIDES THAT
THE CITY MUNICIPAL COURT, WHEN TRYING JUVENILE OFFENDERS, IS PRECLUDED FROM
IMPOSING A JAIL SENTENCE IN THE EVENT OF CONVICTION was read by the city
clerk.
Councilwoman Pedersen moved to adopt Ordinance 915, Series of 1976, on first reading;
seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wi~hart, aye; Pedersen
aye; Parry, aye~ Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye.
Motion carried.
ORDINANCE #16, SERIES OF ~.~76 - Appropriating a Mall Construction fund
Councilwoman Johnston moved to read Ordinance 916, SEries of 1976; seconded by Councilman
Wishart. All in favor, motion carried.
0rd.i6,1976
ORDINANCE al6 Mall Construc-
(Series of 1976) tion fund
AN ORDINANCE ESTABLISHING A MALL CONSTRUCTION FUND AND TRANSFERRING TO AND
APPROPRIATING FROM SUCH FUND THE AMOUNT OF SIX HUNDRED THOUSAND
($600,000.00) DOLLARS FROM THE 7TH PENNY SALES TAX BOND PROCEEDS was
read by the city clerk.
Councilwoman Pedersen moved to adopt Ordinance 916, Series of 1976, on first reading;
seconded by Councilman Wishart. Roll call vote; Councilmembers Pedersen, aye; Parry,
aye; Johnston, aye; De GregoriQ, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye.
Motion carried.
ORDINANCE #17, SERIES OF 1976 - Appropriating for Electric Undergrounding
Councilwoman Pedersen moved to read Ordinance 917, Series of 1976; seconded by Council-
woman Johnston. All in favor, motion carried. 0rd.17,1976
ORDINANCE ~17 underground- ~
(Series of 1976) lng appropriatio~
AN ORDINANCE APPROPRIATING SEVEN HUNDRED THOUSAND ($700,000.00) DOLLARS
FROM ELECTRICAL REVENUE BOND PROCEEDS FOR UNDERGROUNDING OP THE CITY'S
OVERHEAD ELECTRICAL FACILITIES was read by the city clerk
1983
Regular Meeting Aspen city Council March 8, 1976
Councilwoman Pedersen moved to adopt Ordinance $17, series of 1976, on first reading;
seconded by Councilman Wishart. Roll call vote; Councilmembers Parry, aye; Pedersen, aye;
Johnston, aye; Behrendt, aye; De Gregorio, aye; Wishart, aye; Mayor S~andley, aye.
Motion carried.
Councilwoman Pedersen moved to adjourn at 8:47 p.m; seconded by Councilman Behrendt. All
in favor, motion carried.
Kathryn~S. Hauter, City Clerk