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HomeMy WebLinkAboutminutes.council.19741209 Regular Meeting Aspen City Council December 9, 1974 Meeting was called to order by Mayor Stacy Standley at 5:10 p.m. with Councilmembers DeGregorio, Behrendt, Pedersen, Markalunas, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Pedersen moved to approve the minutes of 5he November 25, 1974 Council Meeting; seconded by Councilman DeGregorio. All in favor, motion carried. Account.s ACCOUNTS PAYABLE Payabt~ Councilwoman Pedersen moved to approve the accounts payable as submitted; seconded by Councilman Behrendt. All in favor, motion carried. Citizen CITIZEN PARTICIPATION Partici- pation 1) ~ichard~Schottland was present and suggested using his additional five or six acres to set up a non-profit low ~ncome housing with the assistance of the FHA. Does the Council wish to pursue the discussion with the FHA in reference to this type of housing? Councilman DeGregor~o moved to put the subject on the agenda; seconded by Councilman Behrendt. All in favor, motion carried. Schottland pointed out there would be a conflict as the proposed zoning was light industrial. Councilman Breasted arrived. Councilman Breasted said the area should not be all housing; it should remain a service/commercial area. Schottland said this was the last large piece of vacant land that has possibility of an FHA project. We should let the FHA come up with some recommendations to see if it is possible. Councilman Breasted said he had no quarrel with Larry Simmons' works on the project but he didn't approve of the zoning trade off. Councilman DeGregor~o made the motion to direct Larry Simmons to go ahead and investi- gate the project; seconded by Councilwoman Pedersen. All in favor with the exception of Councilman Behrendt. Motion carried. 2) Dr. Robert Barnard appeared before the Council as a private citizen to oppose the removal of the off-street parking requirements. If the Council's intent is to discourage the use of the automobile in the downtown business district, removing off-street parking requirements will lead to a build out in the commercial core. The Council muss look into parking structures, parking system or parking districts. 3) Jack Jenkins was present to protes~ the elimination of the parking requirement without an immediate program to replace it. The current parking is totally used up in the summer months. Someone must pay to provide the necessary parking, whether it be by fee parking or parking districts. 4) Bryan Johnson wanted to take issue with the Council on removing the parking from the downtown area. A vacuum will probably be created if the parking requirements are removed before a parking district is set up. 5) Spencer Schiffer pointed out to the Council that once the parking requirements have been eliminated what~ is the incentive in the downtown core area to join in a park- ing district or to pay for the facilities needed. There is no definitive City parking policy and the Council would be well advised to look into this with more detail. Zoning is the first step and the right step. The Council should think about what kind of municipal facilities we will have and who is going to pay for them. COUNCILMEMBER COMMENTS Councilmem- ber Comments 1) Councilman Breasted noted the walks in Paepcke Park should be shovelled. He also noted that the various bus routes should be signed and/or color coded, that the routes were confusing to tourists as well as residents. The rest of the Council agreed to signing the bus routes. 2) Councilman Breasted said he felt Rubey Park should be lighted. City Manager Mahoney said the City was just waiting for pipe and collars to put the antique lights up in Rubey Park. 3) Councilman Breasted also noted that there was no separation between pedestrian and vehicular traffic on Mill Street and felt that it was a dangerous situation. He would like to see some posts or some type of vertical separation. 4) Councilwoman Pedersen brought up the parking up to the corner of all streets intersecting Main Street and aSked if anything could be done about the situation. 5) Councilman Behrendt, with reference to City Attorney Stuller's memorandum on the Jehovah's Witnesses, told the Council if they didn't wish to be bothered to call Kingdom Hall and tell them you "did not wish to hear the word" and you will cease to have the opportunity to hear the word. 6) Mayor Standley told Council the $1,000 budget for the employee's Christmas Party would not be sufficient to cover the expense, there would be approximately a $400 discrepancY. Councilman Breasted moved to approve a supplemental appropriation for the employee's Christmas Party; seconded by Councilwoman Pedersen. Councilmembers Breasted, Pedersen, Markalunas, Mayor Standley in favor, Councilmembers Behrendt and DeGregorio opposed, motion carried. 7) Mayor Standley brought up non-conformingistructures in the downtown area. Some structures, like the Popcorn Wagon, could never be brought into compliance. Mayor Standley asked for Council's direction as this will be a reoccurring problem; opportunities may exist when the City wants to take advantage of non-conforming structures. City Attorney Stuller said buildings that did not meet the housing, fire, building codes were not permitted under the new zoning code. If the Council wishes to allow non-conforming structures, they could amend the code to recognize these buildings. Councilman Breasted moved to have the City Attorney draft an ordinance addressing this question in cooperation with the Building Department in terms of movable structures; seconded by Councilwoman Markalunas. Councilman DeGregorio asked what happened to non-conforming structures if the area were re-zoned. City Attorney Stuller answered that non-conforming structures all continue to be permitted until abandoned. All in favor, motion carried. MOLTERER SPORTS CANOPY Molterer Sports Canopy Bob Rosener of the Magic Pan was before Council to give them the sworn affidavits requested from the previous meeting reference the remedy of the Molterer Sports Canopy. All three affidavits stated there was no agreement between Magic Pan and Molterer Sports on the extention of the canopy. Rosener said he and Andrel Molterer had met after last Council meeting and the only agreeable solution was to raise the canopy 4 feet up and 6 feet out, which would make it very awkward. Molterer said he felt the sign only had to be raised 2~ feet up. CouncilWoman Markalunas told the parties involved that the solution should become rather obvious to them and the Council was acting only as a third party. Councilwoman Markalunas moved that the Council stand on their original agreement, that an agreement am~mble to both parties had to be worked out in ten days or the canopy would come down; seconded by Councilwoman Pedersen. All in favor, motion carried. REQUEST FOR ENCROACHMENT--OZZIES SHOES Ozzie's Shoes Bob Zupancis, representing Ozzie's Shoes, appeared before Council to request an Encroachment eleven inch encroachment for the porch facies of their building at 312 South Hunter. The building was built under an old survey and is eleven inches into the alley. The Board of Adjustment has just approved a 6 foot porch facies for the building and Ozzie's Shoes was asking for an additional 11 inch encroachment for the porch addition. Councilwoman Pedersen moved to grant the encroachment to Ozzie's Shoes with the usual stipulations; seconded by Councilman Breasted. All in favor, motion carried. WHEELER OPERA HOUSE/CENTENNIAL PROJECT W.O.H. Edgar Sterns and ~$~d ~ Do~ have suggested getting all the art groups together Centennial and putting together a proposal on behalf of the City to get Bicentennial/Centennial Project funding for a project such as the restoration of the Wheeler Opera House. Councilwoman Markalunas made a motion that the Council is in favor of such a proposal and approve the arts groups working on it; seconded by Councilwoman Pedersen. All in favor, motion carried. AL ABAN LIQUOR LICENSE HEARING A1 Aban 3-way Lic. Mayor Standley opened this public hearing on this license. Attorney Bob Francis was present representing Peter Brown, the owner. Mayor Standley noted that all requirements of the files were in order; the establishment had been posted and the notice published properly. Attorney Francis pointed out A1 Aban had had a beer and w~ne license for approximately two years. The tourist industry and demands for liquor licensed extablishmen~s has increased. The A1 Aban Restaurant presents a highly ethnic menu and surroundings and there is none like it in Aspen. The owner had noted that approximately 10 per cent of the customers had left upon finding out they could not order a drink. Councilwoman Markalunas asked if this application were to be for a service bar or a cocktail lounge. Peter Brown said a service bar only. Councilman Behrendt asked Brown if he would be willing to agree to a condition stipulating there would be no bar as such. Brown said yes. Councilman DeGregorio said the restaurant and bar owners in town seem to feel that the needs of the neighborhood had definitely been met and in future applications for new licenses, the Council should take a very strong look at the exact needs of the neighborhood. DeGregorio stated he also felt the needs of the neighborhood had been met. Mayor Standley asked for comments in opposition to this license. There were none. Mayor Standley closed the public hearing. Councilman Behrendt moved to approve the three-way liquor license for A1 Aban conditioned on the qualification that no separate bar area be established; seconded by Councilman DeGregorio. Councilman Breasted said the Council had turned down a three-way license for an establishment not 75 yards away a few weeks ago and he felt rather funny about approving this license. Mayor Standley pointed out that there were extenuating circumstances regarding that license. Councilman DeGregor~o called the question; all in favor, motion carried. Captains CAPTAINS ANCHORAGE Anchorage John W. Little was before Council to explain happenings reference the Captain's Anchorage liquor license. The Captain's Anchorage has leased its original premises, where the Captain's Anchorage has been located for six years. The~ Captain's Anchorage will run on a management agreement with Lester Luhnow until 1975. John Little was reques~i~gapproval for a 1975 license. Councilman Behrendt made a motion to approve the liquor license conditional on an approved lease; seconded by Councilwoman Pedersen. All in favor, motion carried. Maurices MAURICES LIQUOR LICENSE HEARING 3-way Liq. Lic. The Aspen Alps Condominium Association presently holds the license for Maurices and Maurice Thuillier has been managing the restaurant for approximately five years. Thuillier was requesting Council to have the license transferred to him. Councilwoman Pedersen moved the Council approve the transfer of the liquor license for 1975; seconded by Councilman Behrendt. All in favor, motion carried. 75 Liquor LIQUOR LICENSE RENEWALS Renewals City Attorney Stuller explained to Council Don Giovanni's liquor license should have gone through a new license procedure because the lease for the previous liquor license establishment had expired and technically there could be no trans- fer. The Clerk's office had given the applicant the wrong information. State Liquor Inspector Marvin Eller had no objection to processing the application. The City had misinformed Bob Rynearson and he had proceeded in good faith; he had said he would be willing to go through the process ag&in. Council decided they would let the license stand as issued. Sanitarian Jim Roark had no adverse comments on the liquor licensed establishments up for renewal. Fire Marshall Bill Caille submitted a memorandum to Council on the Cooper Street Pier and the Aspen Inn. They each had a condition the building department would like cleared up before the license would be issued. Councilman Behrendt moved to approve the renewals for liquor license for 1975 for Aspen Pizza Company, The Meeting Place, Danny's, Hickory House, Jake's, Tippler, Little Annies, Galena Street East, The Pub, Holiday House, Wienerstube, Souper, Hyman Street Deli, Pinocchio's, Carl's Pharmacy, Toro's, The Solarium, Plum Tree Inn, Don Giovanni's and exclude the Aspen Inn Club and Cooper Street Pier; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Behrendt moved to approve the Aspen Inn Club and the Cooper Street Pier pending that they must satisfy the building department requirements before the licenses would be issued; seconded by Councilman DeGregorio. All in favor, motion carried. Sewer SEWER EASEMENTS Easements City Manager Mahoney reported to the Council that the easement for the golf course had been signed and sealed and there was no problem. The horse barn on Mrs. Paepcke's property on Hallam Lake will need to be hooked up to the Metro Sewer. The City will grant Metro an easement in exchange for an easement from them to realign the sewer on Spring Street. Their easement goes through the parcel of property we want to sell to the post office. Councilwoman Pedersen moved to authorize the exchange of easements as outlined; seconded by Councilman Breasted. All in faVor, motiOn carried., MAYOR'S DEED City Attorney Stuller presented a Mayor's Deed for the easterly 22.5 feet of Lot C, Mayor's all of Lots D, E, and F and the westerly 25 feet of Lot G, Block 96, City and Deed Townsite of Aspen to J. Christopher Dyer. Councilwoman Pedersen moved to approve the Mayor's Deed; seconded by Councilman Breasted. All in favor, motion carried. POLICE/SHERIFF CONSOLIDATION REPORT Police/Sheriff Consolidation Martin Hershey, Chief of Police, told the Council that the County had asked him to Report report within thirty days his feelings on consolidating various aspects of the law enforcement divisions. Councilman DeGregorio asked Hershey if he could see any out- standing advantages to combining the two. Hershey said there was'duplication between the two departments. The two departments in one building would have political implications, who would control the system. Hershey said he was not in favor of spending any money at the present and physically moving and re- arranging offices cost money. MALL COMMISSION STUDY SESSION Mall Commission StudySession City Manager Mahoney asked for a study session on Tuesday, December 17 at 5:00 p.m. to give the Mall Commission some guidelines and address the problems of the Mall. WHEELER OPERA HOUSE Wheeler City Manager Mahoney told the Council that Friday, December 6, 1974, City Attorney Opera House Stuller had presented the City's case on whether the lessee, Don Swales, should pay for 1/3 of the repairs costs which would amount to $20,000. A decision is expected from the referee in late February. Mahoney also told the Council that the Fire Marshall, Building Inspector and he had inspected the Wheeler. It was their feeling that the Wheeler is a tinder box looking for a fire. The City will write letters to Don Swales and William Tharp asking them to correct the problems on their floor and the City will correct their area within ten days. POPCORN WAGON Popcorn The City has an obligation to deliver electricity to the Popcorn Wagon and will Wagon continue to do so. In the meantime, the City Attorney has been directed to take them to District Court. This is directed toward the accessory building, not the wagon itself. WATER City Manager Mahoney read a statement into the record on water: Water "In addition to the use of water by the Water Department, which can be documented by the records of the City in 1974, the City is addressing itself to water ownership on the Marolt and Holden ditches, one by legal research by Vranesh and Musick, two we have enlarged both ditches, three we have changed culverts on the Marolt and Holden ditches. We've used water on the Thomas Property and gOlf course from these ditches, and we estimate that at times we have used 48.6 C.F.S. of water from these ditches~ from May 1 to November 22 and finally we have done engineering form diuersion structure on this ditch in 1974. We have addressed the Wheeler Ditch, formerly the Aspen Ice and Water Company Ditch. I have instructed City crews to work on the ditch and do the design work on the in-take structure. We have addressed the East Aspen Ditch by directing City crews to work on the ditch. We have investigated the flow of the Aspen Ditch which runs down Spar Gulch to determine the claim of five seconds feet. I have had an engineer investigate this with a report. We have investigated our claim to the Si Johnson Ditch.. We have claimed this ditch and we have done engineering inquiries on the Si Johnson Ditbh. We have made hydro-electric studies on both Maroon and Castle Creeks in the 1974 period %o determine the feasibility of using both Maroon and Castle Creek for hydro-electric power. We have taken legal steps and engineering studies on Hunter Creek to determine the feasibility of placing a filter plant. And finally, we have addressed the three wells in our negotiations for leases and budgeted for the 1975 period." COUNTY LANDFILL County Landfill Dwight Shetlman, County Commissioner, appeared before Council and said it was still the County's feelings that they would attempt to operate the dump with County per- sonnel and their equipment. If the operational program proves to be unsatisfactory from the City's standpoint, then the operation will be put out to bid. Shellman was asking Council's indulgence in permitting the County to operate the dump. George Ochs, County Engineer, pointed out that the County would have to determine the costs for th~ use of the County ~quipment. Also, they would eliminate the dump rates for people who pre-segregate their waste. Shellman alSo noted that contract provisions should be drawn up and the City should have veto for inadequate p~ovisions and a topset budget should be established. Mayor Standley directed City Manager Mahoney and City Attorney Stuller to get together with G~orge Ochs and draft the contract for Council's approval on December 23rd. George Ochs told Council that the dump site would have to be re-zoned from AF-1 to unrestricted because they would have a trailer and employee living at the site. Councilman Breasted moved that the City join the county to change the zoning and make an application; seconded by Councilman DeGregorio. All in favor, motion carried. ELECTRIC RAIL P.ROPOSAL/JIM ADAMS Dwight Shellman explained to Council why the City's active participation had not been sought. The County was really pushing this proposal and attempting to get Federal funding for a transit proposal. They were including the City in every detail,~but were doing all the actual work themselves to save time. Mayor Standley objected to the fact that the County seemed to have made a committment to a certain form of transit, light rail, and put a~ll their energies into that one form when the decision as to type of transit should be a joint decision. The ~nability of Snowmass to cope is forcing mass transit and we are going to be involved in funding this mass transit because the Ski Corp. and Snowmass should be taking care of themselves. The City feels it is not in their best interest but may~b~ in the best interestoof the County. Shellman told Council the County felt this system was designed to substantially transport tourists. It would help ~mplement the auto restrictions in Aspen and utilize the intercept parking at the airport. Councilman Breasted agreed with the proposal but felt the City should be sitting in on the decision making. Mayor Standley volunteered to be the City's representative in drawing up the transit proposal. Harold Baxter of Halperin and Associates told Council what his firm had been doing in preparation of a highway design. The transit proposal would have an effect on which of the alternatives of the highway design was chosen. An environmental impact statement will be forthcoming from Halperin and Associates. Dwight Shellman addressed the Council on the consolidation of the two law enforcement agencies. He had asked Undersheriff Quick and Chief Hershey to make recommendations with a uime table and budget. Shellman feels that too many of the functions of each department are being duplicated. Councilman Breasted said that until the time when the Council and Commissioners could talk about a shared facility, there was no reason to talk about consolidation. Mayor Standley felt that political emasculation of police control may result. The City Manager may be removed from control of the Police Department. VILLAS OF ASPEN - OUTINE DEVELOPMENT PLAN Ron Windemuler and his attorney, Art.Daily, presented the site plan to Council for the area now occupied by the Villa Motel. The Planning and Zoming Commission approved the Outline Development Plan showing 32 units but due to vacated portions of this property taken out of any density consideration, the final site plan shows 26 units. This would allow certain other amenities, such as~46 parking spaces, seven more than are required. Councilwoman Markalunas asked the Villas if they had complied with landscaping. Windemuller said the Villas had followed it to a "T" but no one had ever conm~ented on the landscaping. They had also followed the parking restrictions and closed the curb cuts on Hallam. Councilman Breasted said he didn't have any quarrel with the plan nor any problems with the density; he s~mply did not li~e the site plan. Councilman Breasted feels this corner (7th & Hallam) is a crucial corner both as the entrance to town and it's nature as an open space. Art Daily said the ~illas had worked at great length with the P. & Z and had brought in various plans. The P. & Z. had required a 37% foot setback and the parking hidden, as much as possible. Given these requirements, the present site plan was the best the Villas could do. Windemuller described the units as townhouses, split level, whose exteriors will blend with the present Villas. The units are 1,600 square feet and will sell for $65,000 to $85,000. The high cost is due to the limitation to 26 units. Mayor Standley asked if partial underground parking were possible. The owner said estimates for each underground parking s~ace were up to $10,000 and would make the cost per unit prohibitive. Councilwoman Pedersen said her real concern was the building on the corner of 7th & Hallam. Art Daily said that based upon the parking requirements, in order to get 26 units they had to use that portion of the land. Don Piper told the Council he had appeared more than a year before to plead that Ordinance 19 be drafted into a more specific body of law. He s~id he could not believe the City's continuing pursuit in an attempt to destroy an~ credibility they have as a governing body. The Council has asked people to proceed through such an ambiguous discretionary body of law and he didn't know anyone (the Villas) who had made a greater effort to comply with those. Piper said he felt the Council was functioning as designers after the City staff and P & Z had gotten exactly what they had asked for. He appealed to the Council to gi~e .s®m~body a decision witho~t~'~nd guessing the staff and volunteer commissions. Councilwoman Pedersen told Piper that this Council Meeting was the first time she had seen the plans and if she had bothers and worries about the plan, that is her right. She was not trying to second guess anyone and resents being told she is. Councilwoman Pedersen said if she voiced particular concern on a plan or proposal, that has nothing to do with Ordinance # 19, but was her p~erogative. Villas-ODP cont'd.~' Don Piper said he was not representing the owners of the Villas but was responding as a private citizen--that he has watched the process go on and on and on. The Council was not giving the administrative bodies and commissions any credibility. Councilman Breasted said the decision is made in Council. That's the way the PUD operates. People had better be sure that they understand what Council wants because Council was ~lected to safeguard what they think are the interests of the people. Just to uphold the Boards and Commissions one can't fly in the face of the things one believes are right. Perhaps the system is wrong~f that is what Council always ends up doing. Councilman Breasted told Council he was willing to work with the Villas in an attempt to arrive at a satisfactory site plan. Councilman Behrendt asked Mayor Standley if he would go to the P & Za'$ the Villas advocate in a creative approach to try and solve their problem if Councilman Breasted came up with a plan ~hat Council approved. Mayor Standley said he would. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to table.the Outline Development Plan of the Villas pending?a meeting with Councilman Breasted and the Villa people in regard to the site plan to see if an alternate proposal could be worked out; seconded by Council- woman Markalunas. All in favor except Councilman Behrendt; motion carried. BUS LEASE Finance Director Don Rogers reported to Council that the Fir~ National Bank had Bus Lease agreed to lease the buses to the City for four years and were willing to work within the basic terms fo the lease city Attorney Stuller had drawn up. It was agreed that the lease would r'~ifor one day less than a year and it would be on the agenda for'tke December 23rd meeting for approval of the final proposal. City Manager Mahoney t61d Council the double decker buses were on their way from California and the City had three mini-buses around town right now. The final bus routes for~the winter season have not been worked out. ORDINANCE # 57, MALL COMMISSION SERIES OF 1974 Councilman DeGregorio moved to read Ordinance $ 57, Series of 1974; seconded by Councilwoman Pe~ersen. All in favor, motion carried. Ordinance 57 ORDINANCE # 57 Series of 1974 AN ORDINANCE ESTABLISHING THE ASPEN ASPEN MALL COMMISSION; DESCRIBING THE COMPOSITION OF THE COMMISSION, THE TERMS AND QUALIFICATIONS OF ITS MEMBERS; LISTING THE POWERS AND DUTIES OF THE COMMISSION; ALLOWING APPEAL OF COMMISSION DETERMINATIONS BY PERSONS AGGRIEVED BY THE SAME; AND PRESCRIBING GENERAL RULES OF PROCEDURE FOR THE COMMISSION WHEREAS, the Aspen City Council in its Ordinance 20, Series of 1975, did establish a Mall Committee to offer recommendations to the City Council for the design, maintenance and operation of the Aspen Pedestrian Mall, and WHEREAS, the City Council wishes to expand the p~eogatives of the Committee by establishing a Mall Commission to excerise functions other than as a reviewing and recommending agency, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR~DO: Section 1. Establishment of Commission There is hereby establzshed a Ma'll Commission for the ~ ty of Aspen, Colorado, which enactment shall supercede all provisions of Section 7 of Ordinance 20, Series of 1973, of the City of Aspen, inconsistent herewith. SeC~h 2. Composition; term; qualifications The Commission shall be compose~ as follows: (a) The Mall Commission shall consist of ten (10)members, at least five (5) of which shall be owners or lessees of commercial propeEty abutting the pedestrian mall, as it s~all exist at any given time. (b) All appointments shall be for a period of two (2) years and made by the City Council. Nothing stated herein to the contrary, initial appointments shall be made so that five (5) members shall serve for an initial term of one (1) year and five (5) for a term of two (2) years so that members' terms shall be appointed to serve a term of two (2) years. (c) All~ members of the Commission shall serve at the pleasure of the City Council and may be removed by a majority vote of the whole City Council. There shall be no restraint upon the number of terms any member of the Commission may serve. (d) All members of the Commission shall have been residents of the City for at least two (2) years and shall be qualified electors, and no member of the City Council, Mayor, city employee, nor any appointed city official shall serve on the Mall Commission. Section 3. Powers and duties The Aspen Mall Commission Bhall have the following powers and duties, all of which shall be exercised subject to the laws of the state and municipality, with appropriate conditions and safeguards, and in accordance with the public interest and the most beneficial development of the Aspen Pedestrian Malls; ~ecemDer ~, 1~/4 Ord. # 57, (a) To recommend to the city Council such new legislation as it may deem cont'd, in harmony with its functions and the matters given to it for administra- tion, and also to recommend such new legislation affecting the pedestrian malls, their expansion, reduction, or regulation, as it shall deem advisable for the protection of the public health, safety and welfare; (b) To recommend to the City Council a budget for the maintenance, regulation, expansion and operation of the mall as it shall deem advisable for the protection of the public health, safety and welfare. (c) To issue permits for public social activities to take place upon the pedestrian malls, provided that nothing herein shall be construed to allow activities otherwise prohibited by law or to constitute a grant of authority already vested in the City Council, City Manager, adminis- trative officials, or other person, agency or Com/nission as determined by the City Council. It is intended by this grant that the Commission be the permit granting authority determining which public activities are most appropriate for the pedestrian malls but not to supercede any existing limitations or prohibitions otherwise provided by law~ (d) To permit or deny use and occupation of a period of time less than 73 hours in duration, on such terms as the Commission shall deem equitable, of the malls by private persons after review of any intended construction, alteration, remodeling or other action to be taken by the applicant, provided that nothing herein shall be construed to permit any such occupation without full compliance with existing municipal and state regulations. (e) After review, to make recommendations to t~ City Council relative to construction, alteration, remodeling or other actions proposed by private persons where such proposals would require occupation of City rightS-of-way for a period of time exceeding 72 hours duration. (f) To recommend to the City Council plans for the construction, reconstruc- tion, repair, remodeling, design, and redesign of the Malls and recommend expenditures of appropriations to do the same; (g) To perform such other duties as the C~ty Council may from time to time by ordinance or otherwise impose upon it. Section. 4. Appeals Any person aggrieved by any action of the Mall commission may appeal suck decision or drder to the City Council within thirty (30) days from the date of the decision or order appealed from. An appeal is perfected by filing notice thereof with the City Clerk. Such notice shall contain an appropriate reference to the decision or order appealed from, as a duplicate copy of the same shall be forwarded by the City Clerk to the Chairman of the Mall Commission. If the City Council fails to provide the remedy prayed for, or any person is otherwise aggrieved by the action of the City Council on appeal, such person may appeal the action within thirty (30) days thereof in a court of record of competent jurisdiction. Review shall not be extended further than to determine whether the Mall Commission or City Council has exceeded its jurisdiction or abused its discretion. Sectiqq .~...~.le.s pf procedure, generally A quorum for the transaction of business of the Commission shall consist of five (5) of the members. The Commission shall establish regular meetings and special meetings may be called by the secretary of the Commission on the request of the chairman or any two members, on at least 24 hour written notice to each member of the Commission provided that a special meeting may be held on shorter notice if all members of the Co-mission are present to or have waived notice thereof. No business shall be transacted at any special meeting unless it has been stated in the notice of such meeting. All regular and special meetings of the Commission shall be open to the public except for executive (closed door) meetings as are permitted by law. Citizens shall have a reasonable opportunity to be hear~ and all minutes and other records Df actions of the Commission shall be made available to the publi~. The Commission shall adopt by-laws for the conduct of its business not incon- sistent with this ordinance and shall adopt such rules of procedure as it deems necessary. Section. 6. ~everability If any provision of this ordinance or the application thereof to any person or circumstance is hsld invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or applications and to this end th~ provisions or applications~ this ordinance a~eLd~clared' to~be~severabl~ .... ~ ....... Section 7~ Public Hearing k p~51ic h~rlh~ on'thi~-ordinance shall be held in the City Conncil Chambers, City Hall, Aspen, Color~do, on December 23rd, 1974 at 5 P.M. Councilwoman Pedersen moved to adopt Ordinance 9 57, Series of 1974, on first reading; seconded by Councilman Degregorio. Roll call vote; Pedersen aye; Markalunas aye; DeGregorio aye; Behrendt aye; Breasted aye; Mayor Standley aye. Motion carried. RESOLUTION ~ 43 SERIES OF 1974 Resolution # 43 Councilman ~e~rendt_~ moved to read Resolution ~ 43; seconded by Councilman De~regorio. Ail in favor. Motion carried. WHEREAS, the ASPEN CITY COUNCIL has been asked to comment on a proposed enlargement of the Colorado-Ute Transmission Line, and WHEREAS, after examination of the potential needs of the Aspen area, and to carrying capacity of the existing lines, the Council has determined that an addit~Ral transmission line of 115 KV would be appropriate, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ~F ASPEN, COLORADO: That the City Council has determined that it is in the best interest of the Aspen area that an additional Colorado-Ute Transmission Line of 115 KV carrying capacity be installed and it does ~upport Colorado-Ute desire to construct such a facility. Councilman DeGregorio moved to adopt Resolution # 43, Series of 1974; seconded by Councilman Breasted. Ail in favor, motion carried. Councilwoman Pedersen moved to continue the Council Meeting to 5:00 p.m. Friday, December 13, 1974; seconded by Councilman Breasted. All in favor; motion carried Kathr. y~n~.~ H'a'ute'r, Cit~ Cler~ Continued Meeting Aspen. C.~ty Council December 13, 1974 The meeting was called to order at 5:07 p.m. by Mayor Standley. Councilmembers Breasted, DeGregorio, Pedersen were in attendance along with City Manager Mahoney and City Attorney Stuller. 5 Liquor Lic~ 75 LIQUOR LICENSE RENEWALS Renewals Mayor Standley explained that the remaining four liquor establishments, the Magic Pan, the Shaft, the Great Gorge and the Chart House were up for renewal. Negative comments had not been received by either the Building or Sanitation Departments. Councilwoman Pedersen moved to approve the applications for renewal on the above; seconded by Councilman DeGregor~o. All in favor; motion carried. COOPER STREET PIER & ASPEN INN Cooper St. Pisr The Cooper Street Pier and Aspen Inn were g~ven conditional approval on their liquor and Aspen Inn renewals at the City Council meeting of December 9, 1974. Approval had been contingent contingencies upon correction of problems presented in a memorandum to Council from Bill Caille, Fire Marshall. Building Inspector Meyr~ng reported that the Cooper Street Pier had removed the shack which stood on the building located on Cooper Street. He further stated that the rubble on the Aspen Inn Parking lot had not been removed to date. H~ had surveyed the complex and calculated the parking requirement from the previous zoning code to be 59 spaces. 29 were now available and when the rubbage was removed, the additional 30 would fulfill the required amount. Councilwomas Markalunas arrives. Mayor Standley explained that the decision had been given at the previous meeting. By ~emoving'the~r~,~.the~.parking requirement could be accomplished. City Attorney Stuller suggested holding the application in the Clerk's office and re- frain from forwarding it to the State until all requirements had been met to the satisfaction of the Building Department. City Manager Mahoney informed the representatives of the Aspen Inn that were present that when they removed the dirt from the parking lot that the fill could be utilized at the golf course and also aid them by its proximity. The representatives of the Aspen Inn assured Council that the condition would be met. FUND TRANSFERS Fund Transfer! Mayor Standley informed Council that the Finance Committee had met that morning to review Ordinances ~ 58 through 65 and Resolution ~ 44 as they were emergency ordinances transferring fun~ to close the books for budget year 1974. This would be the first year where a clean bill of health could be given for the audit. A second reading of the ordinances would be at the regular meeting of December 23rd. Councilman DeGregorio stated that if the Finance Committee was satisfied with the transfers then he too was satisfied but he had reservations as to the transfer of monies from one fund for which it was intended to another. He wanted to prevent Council from being open to criticism. City Finance Director explained that the controversial electric fund transfer was very much above board. It is an enterprise fund and therefore should show return on investment, city's monies were originally for electric facilities and these transfers represent a return to the citizen of Aspen on their investment in their electric depart- ment. The electric rate increase would be evenly spread over all electric users--local and visitors. The city's only other means of revenue would be through increased property tax and this he was sure would be more unfavorable. The transfers requested will bring the various funds into balance for the year so that authorized expenditures will not exceed anticipated revenues. Councilwoman Pedersen moved to approve intradepartmental transfers. Seconded by Councilman DeGregorio. The transfers would allocate the contingency funds. Ail in favor. Motion Carried. Councilman DeGregorio moved to read Drdinance # 58, Series of 1974. Seconded by Councilwoman Markalunas. All in favor; motion carried. Ordinance # 58 ORDINANCE # 58 SERIES OF 1974 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION TO THE WATER DEPARTMENT IN THE AMOUNT OF $159,485.00 FOR THE CITY OF ASPEN BUDGET YEAR 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING I~{MEDIATE ENACTMENT. Councilman Breasted moved that Ordinance # 58, Series of 1974 be approved on the first reading. Seconded by Councilman DeGregorio. Roll call vote: Councilmembers Breasted, DeGregorio, Markalunas, Pedersen and Mayor Standley aye. Motion carried. Councilman DeGregorio moved to read Ordinance # 59, Series of 1974. Seconded by Councilman Breasted. All in favor; motion carried. Ordinance ~ 59 ORDINANCE 9 59 SERIES OF 1974 AN ORDINANCE AUTHORIZING EXPENDITURES WITHIN THE WATER DEPARTMENT CAPITAL BUDGET FOR THE CITY OF ASPEN BUDGET YEAR 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. Councilman Breasted moved that Ordinance # 59, Series of 1974 be approved on the first reading. Seconded by Councilman DeGregorio. Roll Call Vote: Councilmembers Breasted, DeGregorio, Markalunas, Pedersen and Mayor Standley aye. Motion carried. Councilwoman Markalunas moved to read Ordinance ~ 60, Series of 1974. Seconded by Councilman Breasted. All in favor; motion carried. ORDINANCE ~ 60 Ordinance ~ 60 SERIES OF 1974 AN ORDINANCE INCREASING AND DECREASING APPROPRIATIONS WITHIN THE SIXTH PENNY SALES TAX FUND IN THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 31, 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACT~.~NT. Councilwoman Markalunas moved that Ordinance a 60, Series of 1974 be approved on the first reading. Seconded by Councilwoman Pedersen. Roll Call Vote: Councilmembers Breasted, DeGregorio, Markatunas, Pedersen and Mayor Standley aye. Motion carried. Councilwoman Markalunas moved to read Ordinance 9 61, Series of 1974. Seconded by Councilwoman Pedersen. AlL in favor; motion carried. Ordinance ~ 61 ORDINANCE a 61 SERIES OF 1974 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION TO THE ELECTRIC ENTERPRISE FUND IN THE AMOUNT OF $208,991.00 FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 31, 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. Councilwoman Pedersen moved to moved that Ordinance ~ 61, Series of 1974 be approved on the first reading. Seconded by Councilman Breasted. Roll Call Vote: Councilmembers Breasted, DeGregorio, Markalunas, Pedersen and Mayor Standley aye. Motion carried. Councilwoman Markalunas moved to read Ordinance = 62, Series of 1974, Seconded by Councilwoman Pedersen. All in favor; motion carried. Ordinance ~ 62 ORDINANCE ~ 62 SERIES OF 1974 AN ORDINANCE INCREASING AND DECREASING APPROPRIATIONS WITHIN SPECIAL IMPROVE- MENT DISTRICT NUMBERS 63, 66 and 67 FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 3~ 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. Councilman DeGregorio moved that Ordinance ~ 62, Series of 1974 be approved on the first reading. Seconded by Councilwoman Markalunas. Roll Call Vote: Councilmembers Breasted, DeGregorio, Markalunas Pedersen and Mayor Standley aye. Motion carried. Councilwoman Pedersen moved to read Ordinance ~ 63, Series of 1974, seconded by Councilman Breasted. All in favor, motion carried. ~ ~ .......... u e_~c emD_e r 13_~_19_74 ORDINANCE # 63 Ordinance SERIES OF 1974 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND FOR THE BUILDING OPERATION AND MAINTENANCE, PARKS,STREETS AND OTHER DEPARTMENTS: AUTHORIZING TRANSFERS FROM THE ELECTRIC, WATER, REVENUE SHARING AND SIXTH PENNY SALES TAX FUNDS ALL FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 31, 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. Councilman Breasted moved that Ordinance ~ 63, Series of 1974 be adopted on the first reading. Seconded by Councilwoman Pedersen. Councilwoman Markalunas had reservations about the large Other figure and requested a breakdown to be Exhibit A of the ordinance. Councilwoman Markalunas moved that Ordinance = 63, Series of 1974 be adopted on the first reading as amended. Seconded by Councilwoman Pedersen. Roll Call Vote: Councilmembers Breasted, DeGregorio, Markalunas, Pedersen and Mayor Standley aye. Motion carried. Councilwoman Markalunas moved to read Ordinance = 64, Series of 1974; seconded by Councilman Breasted. All in favor, motion carried. Ordinance a 64 ORDINANCE ~ 64 SERIES OF 1974 AN ORDINANCE DECREASING APPROPRIATIONS WITHIN THE SEVENTH PENNY SALES TAX SPECIAL REVENUE FUND FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 31, 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. Councilwoman Markalunas moved to adopt Ordinance # 64, Series of 1974 on the first reading. Seconded by Councilman Breasted. Roll Call Vote: Councilmembers Breasted, DeGregorio, Markalunas, Pedersen and Mayor Standley aye. Motion carried. Councilwoman Markalunas moved to read Ordinance ~ 65, Series of 1974; seconded by Councilman Breasted. All in favor, motion carried. Ordinance ~ 65 ORDINANCE # 65 SERIES of 1974 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION TO THE REVENUE SHARING TRUST AND AGENCY FUND IN THE AMOUNT OF $14,204.00 FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 31, 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. Councilwoman Markalunas moved to adopt Ordinance ~ 65, Series of 1974 on the first ~ reading. Seconded by Councilman Breasted. Roll Call Vote: Councilmembers Breasted, DeGregorio, Markalunas, Pedersen and Mayor Standley aye. Motion carried. Councilwoman Markalunas moved to read Resolution a 44, Series of 1974. Seconded by Councilman Breasted. All in favor; motion carried. Resolution ~44 City Attorney Stuller read Resolution # 44, Series of 1974. RESOLUTION ~ 44 SERIES of 1974 WHEREAS, the City Manager has, pursuant to Section 9.12(d) of the Aspen City Charter, submitted a written request that the City Council transfer unencumbered appropriation balances from several departments and agencies to others as hereinafter enumerated, and WHEREAS, said Section 9.12 requires ratification of such interdepartmental transfers by resolution and the City Council wishes to do approve the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the City Council does ratify and affirm the transfer to the Streets Department, amounts from the following departments or agencies as shown: City Council. $ 4 973.00 Planning and Zoning Commission. 20 903 00 Engineering. 10 056 00 Building Inspection. 3 900 00 Improvement District No. 63. 12 626 00 Improvement District No. 66. 15 748 00 Improvement District No. 67. 20 029 00 Section 2. The City Council does further authorize the transfer of the amount of Nineteen Thousand ($19,000.00)Dollars from the Office of the City Clerk to the General and Adminis- trative Expense. Councilman DeGregorio moved to adopt Resolution # 44, Series of 1974; seconded by Councilwoman Markalunas. Ail in favor. Motion carried. 665 Continued Meeting Aspen City Council December 13, 1974 Villa Councilman Breasted felt that there was a conflict of interest with his assignment ODP to work with the Villa people. He felt that it pitted one professional against another. Councilman Breasted moved that the assignment be turned over ~o the.Planning Office with him turning over work he had done to them. Seconded by Councilman DeGregorlo. Councilman Breasted said that he would be happy to confer with any members that were interested in discussing the project. All in favor. Motion carried. Councilman DeGregorio moved that the meeting be adjourned. Seconded by Councilman Breasted. All in favor. The meeting was adjourned at 5:45 p.m. Angel~ha Powell, Recording S~cretary