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HomeMy WebLinkAboutminutes.council.19741223 Regular Meeting Aspen City Council December 23, 1974 The meeting was called to order at 5:10 p.m. by Mayor Standley with Councilmembers Behrendt, Breasted, Markalunas, Pedersen, Walls, City Manager Mahoney and City Attorney Stuller present. MINUTES CouncilwOman Pedersen moved to approve the minutes of December 9, 1974; seconded by Councilman Walls. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments COUNCIL~MBER COMMENTS 1) Mayor Standley set a work session for Council on the new zoning code for Tuesday, January 14, 1975, at 7:00 p.m. 2) Councilman Breasted asked if the bus routes were finalized and if the routes would Minibus be signed. City Manager Mahoney told Council that three buses were running satisfactor-ii ily but the addition of the two open-sided buses had confused the routes. Transportatio~ Director Dick Parker should have the routes ready to be published this week. Mahoney also told Council each route would be marked. 3) Councilman Breasted again asked about the lighting situation in Rubey Park. City Rubey Park Manager Mahoney said it was being worked on but the same crew was responsible for cleaning the streets. West Aspen 4) Councilwoman Markalunas, "I wish to make the following statement for the record: mountain West Aspen Mountain is a very crucial piece of real estate. It is Aspen! In order to control it, the City must own it. The Stevens-Ringquist proposal would have accomplished this, with a minimum expenditure of public funds. I hope you are correct in your analysis and vote on this particular proposal. Perhaps I have lived too long in Aspen, but I remember when past Councils also felt that zoning would protect a given piece of property, or 'the price was much too high and no one would ever pay it' and now, we (the people of Aspen) are almost cut off from 'our' mountain. But you must remember, Councils and zoning laws change. My only purpose in insisting this project be brought before the public was the ~rriding feeling that it would protect, preserve and give us all and future generations the opportunity to perpetually enjoy this most beautiful area. Thank you." 5) Councilwoman Pedersen mentioned the parking on Main street to the corners and on the lateral streets to Main was getting worse. This situation makes it diffiCult to see and to turn. City Manager Mahoney said he would talk to the police department about it. P & Z appt. P & Z APPOINTMENT Mayor Standley said three applicants had been interviewed for the vacancy, Michale Otte, Paul Hamwi, and Ann Garrity. Councilman Breasted moved to nominate Michael Otte, seconded by Councilwoman Pedersen. Councilman Walls moved to nominate Paul Hamwi to the P & Z Commission. No one seconded. Councilman Breasted moved to appoint Michael Otte to the P & Z Commission, seconded by Councilwoman Pedersen. Councilmembers Walls, Behrendt, Markalunas opposed. Tie vote, motion NOT carried. Councilman Walls moved to appoint Paul Hamwi to the P & Z Commission, seconded by Councilwoman Markalunas. Councilmembers Breasted, Pedersen, Markalunas, Behrendt opposed. Motion NOT carried. Councilman Breasted asked if he could re-nominate Michael Otte. City Attorney opinioned he could not reconsider that nomination. Councilman Behrendt stated he felt Council did not have enough applicants. There was no appointment to the P & Z. Council asked City Clerk to re-publish the two vacancies. INCREDIBLE EDIBLES BEER AND WINE LIQUOR LICENSE APPLICATION Incredible Attorney Art Daily appeared before Council representing Incredible Edibles. Daily asked Edibles Council for a postponement to give them time to resolve a problem with the Sanitation Liquor App. Department. Mayor Standley suggested opening the public hearing and then continuing the license application so that the license would not have to be re-posted and re-published. Mayor Standley opened the public hearing. There were no opponents to the license. Mayor Stnadley closed the public hearing and continued the issue until January 13, 1975, at which time the opposition will again have the opportunity to speak. SUB SHOPPE 3.2 BEER APPLICATION Sub Shoppe Mayor Standley opened the ~ublic hearing. The posting, publication and all files were in beer app. order. The owner/manager of the Sub Shoppe, Charles D. "Tim" Cottrell, spoke in his behalf. He told Council he had run the Sub Shoppe for one and a half years, that they were expanding the present facility to 900 square feet, and there there was actually only one other 3.2 beer place similar in town, Pinocchio's. Cottrell was requesting a 3.2 over-the-counter license. He had not supplied petitions to substantiate the needs of the neighborhood had not been met as he felt it was too easy to get 1,000 names outside the post office. Mayor Standley asked if the Sub Shoppe anticipated electronic games. Cottrell said no, it would not be a hang out; his hours were 11 a.m. to 11 p.m.; and there was no room for foosball. Councilwoman Markalunas asked if there would be entertainment. Cottrell said no, that the place was too small. Councilman Behrendt asked Cottrell if he would accept four conditions on the license; (1) elimination of 3 bar stools (2) no electronic games (3) hours to remain 11 a.m. to 11 p.m. (4) no live music. Cottrell said he could not eliminate the bar stools. They were not designed to be a separate bar but a place for eating and he needed all his present seating places. Councilman Behrendt said he would remove elimination of the bar stools as a condition. Mayor Standley asked for opponents to the issuance of the license. There were none. Mayor Standley closed the public hearing. Councilwoman Pedersen made a motion to approve a 3.2 beer license to the Sub Shoppe with the three conditions outlined; seconded by Councilwoman Markalunas. All in favor, motion carried. PARAGON BALLROOM USE CONSIDERATION Paragon Ballroom Attorney Ron Garfield submitted a proposal to Council reference the Paragon Ballroom. The Paragon ~ants to operated the discotheque and serve alcoholic beverages there. Garfield stated he felt the conditions were imposed by Council because of the complaints received of noise disturbing the units upstairs. Ted Koutsoubos had arranged to purchase or long~term lease all the units. The previous litigation would be dismissed if this proposal could be~worked out. Also submitted was a noise analysis survey made by engineers in Denver. The Paragon had made some adjustments in their system, and the survey stated there was no unreasonable noise emanating from this space. Koutsoubos felt he had done all he possibly could to satisfy the Council. The Para~on was hopeful Council would accept their proposal and let them open the discotheque. Councilman Walls said as far as he was concerned there wasn't supposed to be a disco- theque in that space. Garfield pointed out that the renewal was granted. Mayor Standley reminded them that a condition of renewal was to bring the use for the ballroom before Council. Councilwoman Pedersen felt she needed time to look through all the material presented. Councilwoman Pedersen moved to table this agenda item; seconded by Councilwoman Markalunas Councilman Breasted asked what Council's objections to this proposal were. Councilwoman Markalunas said she objected to receiving the material so late. Mayor Standley pointed out four conditions were placed on renewal of the liquor license, one of them was that the ballroom space would NOT be operated as a discotheque, and that the Paragon would hav~,.to come to Council for review of the use. Councilman Walls told Council that original use called for an Oyster bar, not a disco- heq~e, and that the Paragon might, in fact, be in violation for not coming to Council to change original use. The point, Councilman Walls, said is that the Council must have some controls over what is going into liquor-licensed establishments. Councilman Behrendt read the conditions of the Paragon liquor license renewal as outlined in the Council minutes of November 25, 1974. A question was called; all in favor, motion carried. Item tabled to January 13, 1975 Attorney Garfield asked the Council's feelings on a solution to their problem. Mayor Stnadley said he felt the needs of the neighborhood had been met, with four other places providing entertainment-type facilities. The Paragon would have to convince the Mayor and Council that this was in fact not so. Councilman Walls said he would deny a discotheque in that space. 1,6:6'7: Regular Meeting Aspen cit¥ council December 23' 1974 DAY CARE CENTER PROPOSAL City Manager Mahoney reported that the Day Care Center people were not ready to proceed. Councilwoman Pedersen moved for a postponement to another Council meeting; seconded by Councilman Walls. All in favor, motion carried. Aspen Alps ASPEN ALPS SUBDIVISION EXEMPTION Subdivision ,] Exemption Yank Mojo of the Planning Department presented this exemption to Council. The land is 1 ocated right along Little Nell above the 8040 line. On 12/17/74 the P & Z recommended il approval from subdivision with the conditions (1) no development will occur on the tract, I! (2) no unit density will be transferred to a lower piece of ground; in effect this will be a buffer zone to prevent it from being closed off, (3) the area will remain open for skiing. Mojo told the Council the Planning Office and the P & Z supported the exemption application!t Mojo said the Alps just want to acquire the land; it will always be open. Attorney Leonard Oates said they could incorporate the deed restrictions as covenants running with the land. Councilwoman Pedersen made a motion to approve the subdivision exemption; seconded by Councilman Walls. All in favor, motion carried. Redwood REDWOOD CONDOMINIUM SUBDIVISION APPROVAL Condominium Subdivision Attorney Dwight Shellman presented the subdivision to Council. He said Redwood was an existing apartment house to be subdivided into five units for purchase by local residents. He also mentioned that the Planning Office had been able to work out every problem to satisfaction. The only decision left, does the Council wish to accept 4 per cent cash or 4 per cent land dedication. The owners wished to go with the 4 per cent cash because the land dedication would result in a loss of privacy. Yank Mojo, of the Planning Department, pointed out the Redwoods had given.a 12 foot ease- ment along the bank of the Roaring Fork to be put into the trail system along the river. Redwood had also given a 40 foot right-of-way of the easterly section of the property until the Riverside Avenue situation could be cleared up. Redwood had also given a temporary 10 foot easement on the north boundary of the property to be used as temporary access to the trail easement until it could be connected to the trail system. City Attorney Stuller pointed out some items were missing from the agreement, such as the street easement, the rental restrictions against short-term, and trail easement. These will all be rectified. The P & Z COmmission approved both preliminary and final subdivision plans. Councilwoman Markalunas moved to accept the subdivision plan with the 4 per cent cash dedication and to authorize City Attorney Stuller to execute the subdivision exemption; seconded by Councilwoman Pedersen. All in favor, motion carried. Elbert MAYOR'S DEED - Eb Tacker's Property Tacker Mayor's Dee Leonard Oates, representing ~b'Tack~r~, explained to Council the need for a Mayor's deed. The original survey kad been made in error. Tacker's wish to bring the description from the center of Neal street back to the side of Neal street and give the City sufficient property for a right-of-way and road alignment and not interfere with the Tacker's previously built improvements. The Tackers are willing to gave a perpetual easement of 20 feet on the west boundary to fit in with the trail policy of the City of Aspen. The difference between the new description and the previous conveyance is the boundary between the Tacker property and Herron Park. This property has been utilized by the Tackers in accordance with the original understanding but has been finished by the City of Aspen. Tackers are requesting the City accept a reconveyance as the property was originally conveyed in terms of a new Mayor's deed. Councilman Breasted asked Dave Ellis, the City Engineer, if he had made an examination of all the problems in the area. Ellis said the engineering department had. There was nothing that caused them to question the proposal; in fact, it cleared up three dis- crepancles in that area. Councilman Behrendt moved to authorize Mayor Standley to execute the Mayor's deed; seconded by Councilwoman Markalunas. All in favor, motion carried. Attorney O~s brought up one minor request. The front yard setback is inadequate. Oates stated they would like to ask Council for an ordinance declaring that under the circum- stances, the Tacker residence is not a non-conforming structure. Councilman Behrendt questioned this. Oates sta~ed they would like it on record to protect them in the future from whatever might happen. Oates said the building is a conforming structure until they pull the west line 15 feet over. City Attorney Stuller pointed out the many practical problems in this type of situation. Everytime a permit issues for a non-conforming structure, the Board of Adjustment must review it. Mayor Standley said the City made a mistake; the house was built and was existing as a conforming structure. 1:668 Regular Meeting Aspen City Council December 23, 1974 Councilwoman Pedersen made a motion to direct the City Attorney to bring this situation into line so that %it does not by virtue of the line movement become a non-conforming use; seconded by Councilman Walls. All in favor, motion carried. VILLAS OUTLINE DEVELOPMENT PLAN Villas - ODP Attorney Art Daily presented a new, revised site plan to Council, an earlier plan having been tabled at the December 9th Council meeting. Art Daily said the villas had conferred with their architects, Councilman Breasted, and the Planning Department on this revised site plan. The Villas had left only three units near the corner of 7th and Hallam. All details of the plan were gone over. The Plan- ning Department recommended that the site plan be accepted. Councilman Breasted indicate he felt thiS plan was acceptable. Mayor Standley asked the Villas what they found objectionable to the plan Breasted provided. John Stanford, Planner, stated that Breasted's plan was too massive and that Breasted had presented parking as an exterior solution and the Planning Department felt it should be within the confines of the structures. The position of the buildings and the courtyard effect would cause noise and reverberation problems, problems with snow removal, lack of sun. Councilman Breasted said he felt the villas plan was a fair compromise although he still didn't like it much. He also disagreed that the Villa plan was less massive than his. Greg Cole of the Planning Department explained to Council he had done the actual site plan review and had looked at all the atternativesl The plan presented left much more open space on the corner (7th and Hallam); the internal parking solution was better. This plan would place buildings 80 feet from the property line, this is a significant increase from 30 feet; and the villas were dedicating approximately 2/3 of the site to open space. John Stanford pointed out primary concerns of this site plan were to open up the corner and to retain as much of the natural vegetation on the site as exists at present. Mayor Standley said he though Councilman Breasted's plan was a good clean, innovative solution to the problem. Attorney Dailyreiterated that the architectural firm, the Planning Department, and the P & Z all reached the decision that this was the best site plan for this site. Council- man Breasted said he didn't think the plan had much imagination but would go With the plan because the Villas had made an attempt. Councilman Walls moVed the Council approve the Villas plan; seconded by Councilwoman Markalunas. Councilwoman ~arkalunas said she felt there should be no parking around the site on Seventh street and Hallam street. A question was called. All in favor with the exception of Councilman Behrendt and ~ayor Standley. Motion carried. CITY MANAGER 1) City Manager Mahoney told Council he had addressed a memorandum to City Attorney Stuller and Building Inspector Clayton Meyring reference enforcing the building, zoning and housing codes. 2) Mahoney read a letter from Congressman Jim Johnson telling the Council that he Home mail (Johnson) was still working on getting home mail delivery. Councilman Behrendt asked delivery Mahoney to check the sale of the post office land to see if it was conditioned on door-to-door delivery. Councilwoman Markalunas asked Mahoney if any progress was being made on the land Post Office exchange. City Attorney Stuller said King would be here in early January with an land exchange offer of reasonable value. Councilwoman Markalunas inquired when Mahoney would have an appraisal on the Midlan~ Midland land land. Mahoney said he was waiting for an estimate of what the appraisal would cost. 3) Mahoney asked Council for approval of the appointment of Lois Butterbaugh as Finance Finance Directorl Director to replace Don Rogers. Councilman Walls made a motion to approve Lois Butterbaugh as Finance Director; seconded by Councilman Behrendt. All in favor, motion carried, Councilman Walls moved to have City Attorney Stuller draft an ordinance giving the Finance Director a salary of $22,000 a year; seconded by Councilwoman Pedersen. All in favor, motion carried. 4) Mahoney told Council the staff had been working on the bus lease but due to a technicality, we didn't have it yet. City Attorney Stuller requested a continuance of this agenda item until Friday, December 27, 1974, at 5 p.m. for a reading of the bus lease. Ord. #49 ORDINANCE 949, SERIES OF 1974, CREATION OF COMMERCIAL CORE H - HISTORIC DISTRICT H District Second reading and public hearing. Mayor Standley opened the public hearing. proposal up tonight is on proposed designation the John Stanford "The here the of commercial core, H - Historic district, which is located, the boundaries of which are Hunter street on the east, Monarch street on the west, Durant street on the south, and the alley behind the Jerome on the north. I would like to submit a list of major supporting file documents for the designation of the commercial core Historic district and enter this list in the records of tonight's hearing. This document also traces Aspen's public involvement to develop and protect the values to be derived from historic preservation. The list reads as follows: 1. The goal was established to preserve Aspen's Historic heritage by the Goals Task Force, September 1971. 2. Ordinance 5, Series of 1972, amendemnt incorporating the historic section to the code incorporating provisions for a historic district, and establishing the Historic Preserva- tion Committee. 3. Actions to designate individual structures within the proposed district are as follows: The Wheeler Opera House by Ordinance adopted on March 12, 1972 Crystal Palace, adopted on August 10, 1973 Courthouse, by ordinance, on September 10, 1973 City Hall adopted by ordinance on May 21, 1974. 4. There are additional requests for historic designation of historic buildings in the core, and these are The Woods building, same thing as Aspen Drug Cowenhoven Building, which is Ute City Banque The Aspen Arcades 5. In 1973 and 1974 over $60,000 was spent on the restoration of the Wheeler Opera House with $15,000 more scheduled for 1975. 6. The proposed historic district is also incorporated as an integral element of the Urban Design Plan developed the spring of 1974. 7. Specific actions to designate the historic overlay district are: P & Z recommendation to HPC to evaluate the Commercial core for historic designation on August 10, 1973 The HPC recommendation to initiate procedures to establish the commercial core as a historic district on October 13, 1973. An inventory of all historic structures in the commercial core completed in the spring of 1974. Planning studies and maps presenting analysis of and a preliminary plan for the commercial core historic district which was done in spring and summer of this year Public notice of the joint public hearing with P & Z and HPC - published in the Times June 6, 1974. Technical assistance and information and a recorded transcript of comments from Mr. John Frisbee, Regional Director of the Nation Trust for Historic preservation, June 24, 1974 and Mr. James Hartman of the Colorado Historical Society, June 17, 1974. Joint public hearing with P & Z and HPC and the transcript of the hearing which was held on June 25th of this year. The development of building review guidelines HPC and P & Z findings and reports to Council from the public hearing Study sessions on building reveiw guildelines with P & Z, City Council and local architects. HPC adoption of guidelines for review, August 23, 1974 Public notice of the public hearing, October 24, 1974 The public hearing and transcript of that hearing, November 11, 1974 Notice of the public hearing published in the Times November 28, 1974 Pending amendments to Section 24.9 of the code which is in process right now These major file documents, which I have listed along with public and private efforts fulfill the various necessary ingredients for an effective public historic preserva- tion program, The designation of Aspen's commercial core as an historic district represents a major, new step towards historic preservation. The step that is broader and more comprehensive than any past efforts. The designation first designates the remaining 39 historic structures in the proposed district, and second it establishes the review of new con- struction, exterior remodeling, and demolition of historic structures an the commercial core to insure that the integrity of the area is maintained and promoted. In conclusion, the planning office recommends establishment of the commercial historic district from the standpoint that historic districts have been established and proved to maximize restoration and preservation efforts. Aspen's historic district will help to guide future development of the commercial core as a unique location in the city with high visual and aesthetic standards. And finally the district will promote the commercial core's appeal to both residents and tourists alike thereby lending support to the economic strength, prestige and success of the area and City in general." Sandra Stuller - "Let me just admit some additional documents on the record. I'd like to submit the report of the HPC to the Council on the Commercial district, list of the owners of the property within the proposed district, copies of all the letters sent to the same, certificates of mailing of the letter to all the owners, all indicating compliance with the notice requirements of 24-9.1(e). That's it" Mayor Standley - "Anybody else that wishes to address the public hearing." Rus Pielstick - "First of all a letter from Ted Mularz, he's sorry he couldn't be here. I think that I speak for most of the architects in Aspen. We have met with the Historic Preservation Commission and presented our views on exactly what we felt the value of historic preservation was. We have no argument with the idea that old buildings, which have~alue to the community, should be preserved and preserved by legislation. However, it seems to us that to put in the hands of the Historic Preservation Committee the evaluation of contemporary buildings within Aspen is a misinterpretation of the value of history. It seems that to put constraints on design can only be conceived in the past, you can only look at the past and establish those constraints. And in no way can you perceive that which the future has to offer by looking at the past. It seems that you have a choice between optimism and pessimism. The optimistic view, of course, if the view that there's a possibility in the future that is greater than the possibility of the past. The pessimistic view is that the past, indeed, has all the charm. It seems to me that that's a lie. Aspen is not Savannah, Georgia; Aspen is not Williamsburg, Virginia; Aspen is a community that has had a vitality over a period of years, has had new and creative structures within its commercial core and yet it has in its history an effort to obtain the best that modern time had to offer. When we got ready to put up the first tent, we didn't put up a tent like the miner's used. We went to one of the best architects we could find and had Eero Saarinen design our first tent. When we got ready to remodel the first tent, we didn't go back to the 1870's, we went to Herbert Bayer and had him remodel the tent. It seems to me that the opportunities that would be provided for the future, which could be cancelled out by this kind of legislation are innumerable. And it seems to me that it's shortsighted of us to think that the preservation of the past is the best that we can expect of the future. It seems to me that when you're talking about things like mood and emotional content of the community and so forth that we can expect a lot more of the future than we can expect of the past. And to use the past as the guidelines in my opinion is rather stupid. It seems to me that it would be stupid to use the guidelines for a Model T to design missiles for the moon. It seems that 1970 should not and indeed in reality cannot be the guidelines for establishing a standard of 1870. It seems to me that this kind of legislation is detrimental to the community, and that does not speak against the value of.history. I think anyone who has been through the rigors of architectural training has a great respect for history. And we would be very supportive of any legislation which would be protective of the history which is available in our community. But to overlay upon our community the restrictions of history seems short- sighted. That's all I have to say." Councilman Behrendt - "Rus, wouldn't your very worries be taken care Of if you and a number of others would apply and be chose to serve on that board, because I don't think at any point are we requiring anyone to put up a Victorian cathedral or something like that." Rus Pielstick - "I find a danger in ~hat, Mike. In fact, perhaps the danger was exemplified right here in that Jim Breasted, who is a good designer, worked through a iplan which other professionals in the field couldn't accept. And it seems to me that you have to allow the professionals who are involved, the people who are developing a project to put the initiative and their own inspiration into a project in order to make it good. I think it's that inspiration that puts the art in architecture. It's some- thing that you can't evaluate in terms of the past." Councilman Breasted - "I think you're reading a lot more into the ordinance than is there. Rus Pielstick - "I think that's possibly true, but I think to have" Councilman Breasted - "No one is telling you you have to make a Victorian building." Rus Pielstick - "But they do tell you you have to use vertical windows. They do tell you that you have to have certain types of relationships in the overhang to the window align- ment, those kind of things are rather restrictive. It seems to me that if you would just take as an example one block, let's take Cooper street where the Wiener Stube is. First of all if the Wiener Stube came into this Commission, you would never approve that building, it's garbage. And yet it's one of the best spaces in town." Councilman Breasted - "It has to do with ownership rather than architecture." Rus Pielstick - "You would never, at this point, approve the Shaft, and yet when you watch people congregate on Cooper street, where do they congregate? The Shaft. That's where people are. " Mayor Standley - "Well, so what?" Rus Pielstick - "Obviously, they are responding to it. I don't think that any of us here, and myself included, and other professionals on the Board included, I don't think we have the perception to see, I really don't." Ramona Markalunas - "I'm compelled to remind you Rus, that today is tomorrow's history. That everything historical is not based in the 1870's or the 1880's. I just cannot see this viewpoint that when it's historical, it has to be in the 1880's. I think we are making history in Aspen every day of the week. That just because it's an historic district does not mean that it's an 1880's architecture." Rus Pielstick - ~'I don't think you can take people who have the orientation of looking at history and have, let's just take some examples of recent buildings. The Conoco station couldn't be built. The A.I.A. says that's a pretty good building. I don't know whether it is or not. History is going to tell us whether it's a good building. It's a pretty exceptional gas station, anyway. That building couldn't be built." Bill Dunaway "Why do you say that?" Rus Pielstick - "Because it wouldn't conform. The windows are not vertical." Mayor Standley "This isn't a discussion. It's a public hearing to make comment and I don't want it to generate into a dialogue." Bill Dunaway - "My name is Bill Dunaway. I'm th~ owner of two buildings in the proposed district and I think that what Mr. Pielstick just said here is rot. I think, if you don't · ~ve some guidelines to go on, and I think the historic guidelines are the best. Every building that's built has been designed by an architect. You go to Vail and you see every-!! one of those buildings has been designed by an architect without any guidelines based on history. And what do you have? I mean if you like what they're doing in Vail, then you don't want the H district here. But I'm for it as a property owner and as somebody interested in the community. I think we do need historic guidelines, and I think that's the most important thing that Aspen has is to rely on its tradition and its history and not to permit the architects to create something entirely new." Bob Sproull - "'Twas the night before the night before Christmas. It's too bad that this important issue is brought before the people when most are just out of time at this time of year. It was thoroughly discussed during the P & Z open hearing this past summer, and I must say with some vigor, a lot more than is here tonight. Your records, which it has not been mentioned, should indicate that P & Z recommended disapproval of this ordinance." Bill Dunaway "That's wrong." Bob Sproull - "Well maybe I'm wrong but that was certainly the mood of the meeting. I am Bob Sproull, I own and operate Jake's restaurant, and I personally own the building in which it is located. I believe this ordinance is well-intentioned and I agree with much of its ~rpose, but I am bothered by it. My building was built in 1888 and I hope it stands, as is, in 2088. Just as important, I hope this town remains relatively the same in 2088. Most ski resorts are set up by the big mother corporation with an investment of 20, 30, 50 million dollars. They own everything, and lease out to various individuals, restaurants, shops, gas stations, etc. They make sure that all they lease, or even sell, is done to "right people" who will perform in an accepted, controlled manner. Thus the big corpora- tion investment will not be undermined. Consequently, you end up with plastic, instant nostalgia, cute, contrived situations, i.e., Vail, Sun Valley, and I'm sorry to say even Snowmass, if you will. Aspen is unique because to date we are not controlled by the big mother, Curt Baar, Andre, Bert Bidwell, Don Fleisher, to name only a few, all look at thing differently, do it their way, and may the town interesting. I am becoming concerned that Aspen is becoming a cute, a botique, it seems that lately the few people, again well intentioned, are deciding what looks nice for everybody. Now a few people will decide on private property what colors look nice, what something looks like ~s nice, but who decides or knows if they are nice? Seven om ten people deciding what looks nice by its very nature can very easily make everything look like a pat job. It seems to me that what was unique to Aspen, again to date we are not controlled by the big mother, is becoming usurped. All the ingredients are being set up here in this ordinance for a cute, contrivedli perfect Carmel-of-the-Rockies. Who knows who is going to be on the historical committee ten years from now. The people who designed the malls are no longer even ~n town. This ordinance in my thinking has nothing to do with growth or non-growth. The City is pretty well zoned against skyscrapersil in the Washington monument. Here's what I came to say. I believe it's more important that this town not become a cu~e fake than some guy paint his building mint green. Incidentally, the majority of the people who own this property did not wan~ this ordinance, and that should be a very strong fact. That's how I feel about it." Mayor Standley - "I have got a letter from Ted Mularz. 'As a person who has done a great deal in the interest of preserving the architectural character of Aspen during my 16 years as a resident and an architect, I submit this letter in opposition to the ordinance creating an historic district within the commercial core in it's present form. Unfortunately the public hearing is scheduled during a week when many residents are busy because of the holiday season, and I, as one, apologize for not being able to attend personally. I have, howe~er expressed my criticism and objections as well as given positive input to the historic committee at two different meetings prior to this meeting obviously to no avail. Other Aspen architects and I would be happy to review them again with Council at another time convenient for all of us. Sincerely, Ted Mularz.' Are there any other comments?" City Manager Mahoney - "There is a memo here from the building department. I would like to h ave that entered into the record." "TO: MAYOR AND CITY COUNCIL OF ASPEN, COLORADO FROM: EVAN GULL, ASSISTANT BUILDING INSPECTOR SUBJECT: PROPOSALS TO DESIGNATE COMMERCIAL CORE AND WEST RESIDENTIAL AREAS HISTORIC I would like to express my strong opposition to the proposals providing for Build- ing permit Review by the Historic Preservation Committee for areas designated historic. The proposals as structured establish controls over the future exterior appearances of all buildings within these areas without regard to the historical value of the structure. The desire to preserve the heritage of the Aspen area is one tha~t I share with the Council and the Historical Preservation Committee. The current proposal addresses this problem but, unfortunately, includes provision for architectural control of all other buildings as well. I am opposed to the current proposals for the following reasons: 1. The proposal does not address itself to the issue that concerns us. That issue is historical preservation as described in the title of that committee which was formed to consider it. This ordinance as it is written constitutes architectural control. If we are interested in architectural control of future buildings, and of existing non- historic structures, then let us address that topic directly rather than under the guise of "historic preservation." 2. It should be the duty of the Mayor and Council to insure that any restrictive law that they choose to pass confronts and regulates a demonstrated curren5 or future problem. I do not feel that a problem of such magnitude exists which might justify the regulation of the exterior appearances of all buildings in the designated zones. 3. The proposal unduly restricts the right of an individual to build in a manner which pleases his own taste. These rights are restricted without demonstrating that the controls are necessary to protect the public interest. An individual is entitled to a succinct description of those restrictions to be imposed upon his proper~y. The zoning ordinance accomplishes this by addressing the issues of bulk, density, etc., but does not inject arbitrary and capricious controls. An individual desiring to build should not be subjected to the expense of dealing with undefined issues of personal taste. Unfortunately, in the past the Historic Preservation Committee has demonstrated that a proposal such as this will result in controls which do not deal with the issues at hand, but with personal likes and dislikes. 4. The administration problems that accompanied the implementation of Ordinance 19 zoning review provide us with a valuable insight to the potential problems of dealing with this proposal. That review was primarily concerned with the issue of density, and yet still caused a significant administrative problem for the city government. When personal taste becomes a review criteria, I envision a significant alienation of the public in dealing with the government, and thus a lessening in the cooperation required for effective administration of the zoning and building laws. I sincerely hope that the Mayor and Council will give strong consideration to the actual impact of this proposed ordinance as it contrasts with the intended purpose. /s/ Evan Gull Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~49; seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE 449 (Series of 1974) AN ORDINANCE DESIGNATION THE COMMERCIAL CORE OF THE CITY OF ASPEN, MORE PARTICULARL% BLOCKS 80, 81, 82, 83, 87, 88, 89, 90, 93, 94, 95, 96, AND THE SOUTH HALF OF BLOCKS 79, 86, 92 OF THE ORIGINAL TOWNSITE AND SOUTH HALF OF BLOCK 19 OF THE EAST ASPEN A~DITION THERETO, AS AN H, HISTORIC DISTRICT was read by title by the City Clerk. Councilwoman Markalunas made a motion to adopt Ordinance ~49, Seriss of 1974, on second reading; seconded by Councilwoman Pedersen. Councilman Behrendt - "I have been reading, as we all have, the minutes of various things going through. Everytime I come across an item where somebody starts debating the puse color of something, my stomach starts turning and I start getting angry. I just want to say, I'm going to go for this in the hope that it will keep the golden arches out. But I'd rather have golden arches than an old town because every old town I've seen in this country has died. I haven't been in Chicago lately, but that one was a pretty sick place when I was there last. In S%. Louis it was just horrible and so on and so on, and if this does get really cutesy, I'm going to be one of the first people to go to kill it. I hope that hits certain ears." Councilman Breasted - ~'I share Bob Sproull's concern. I think they are very real. But I think that it's trying to shut the barn door after the horse has been stolen. I happen to feel that Aspen is fully on the way to being a cute place, and I don't think that this ordinance is going to stop that. I'd like to think that it might make things a little better. There's nothing in the ordinance that says you can't put up a steel and glass building. I haven't seen a good one here yet. The many varieties of things that are not here, and yet we have more architects per square block than any community of its size. I favor it. I think, Bob, that it's worth experimenting with this and I think it's a very worthwhile move on our part. And if it doesn't work, you will be the first to tell us." Councilwoman Markalunas - "I think everybody knows how I stand on this ordinance. It's thet culmination of a good many years hard work, as far as I'm concerned. And I do not believe that it's instituted or at least it's nOt instituted on my part nor have I found this in the HPC to create a Disneyland atmosphere in Aspen." ROll call vote: Councilmembers Behrendt, aye; Breasted, aye; Markalunas, aye; Pedersen, ay~ Walls, nay; Mayor Standley, aye. Motion carried. Ord. ~57 ORDINANCE ~57, SERIES 1974, MALL COMMISSION Mall Commission Councilwoman Pedersen moved to read Ordinance 57; seconded by Councilman Walls. All in favor, motion carried. ORDINANCE #57 (Series of 1974) AN ORDINANCE ESTABLISHING THE ASPEN MALL COMMISSION; DESCRIBING THE COMPOSITION OF THE COMMISSION, THE TERMS AND QUALIFICA.TIONS OF ITS MEMBERS; LISTING THE POWERS AND DUTIES OF THE COMMISSION: ALLOWING APPEAL OF COMMISSION DETERMINATIONS BY PERSONS AGGRIEVED BY THE SAME; AND ~RESCRIBING GENERAL RULES OF PROCEDURE FOR THE COMMISSION. was read by title b~the City Clerk. Councilwoman Pedersen moved to adopt Ordinance 957, Series of 1974, on second reading; seconded by Councilman Walls. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; Markalunas, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Ord. 958 ORDINANCE 958, SERIES 1974, SUPPLEMENTAL APPROPRIATION TO THE WATER DEPARTMENT Councilwoman Pedersen made a motion to read Ordinance #58; seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE 958 (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 IMMEDIATE ENACTMENT was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance ~58, Series of 1974, on second reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Pedersen, aye; Markalunas, aye, Walls, aye; Mayor Standley, aye. Motion carried. Ord. ~59 ORDINANCE 959, SERIES 1974, AUTHORIZIN~ EXPENDITURES WITHIN THE WATER DEPARTMENT Councilman Behrendt moved to read Ordinance #59, seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~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 was read by title by the City Clerk. Councilman Behrendt made a motion to adopt Ordinance 959, Series of 1974, on second readingl seconded by Councilwoman Markalunas. Roll call vote; Councilmembers Walls, aye; Behrendt, aye; Breasted, aye; Markalunas, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. Ord. 960 ORDINANCE 960, SERIES 1974, INCREASING AND DECREASING APPROPRIATIONS WITHIN THE SIXTH PENNY SALES TAX FUND Councilwoman Pedersen made a motion to read. Ordinance 960; seconded by Councilwoman Markalunas; all in favor, motion carried. ORDINANCE 960 (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 ENACTMENT was read.by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance 960, S~ries of 1974, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Pedersen, aye; MarkalunaS, aye; Breasted, aye; Behrendt, aye; Walls, aye; Mayor Standley, aye. Motion carried. Ord. #61 ORDINANCE 961, SERIES 1974, SUPPLEMENTAL APPROPRIATION TO THE ELECTRIC ENTERPRISE FUND Councilman Behrendt moved to read Ordinance 961, seconded by Councilwoman Pedersen. All in favor, motion carried. (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 was read in title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance ~61, Series ^f 1974, on second reading, seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Breasted, aye; Behrendt, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~62, SERIES OF 1974, INCREASING AND DECREASING APPROPRIATIONS WITHIN SPECIAL Ord. ~62 IMPROVEMENT DISTRICT NUMBERS 63, 66 and 67 Councilwoman Pedersen moved ~o read Ordinance #62; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE a 62 (S~ries of 1974) AN ORDINANCE INCREASING AND DDCREASING APPROPRIATIONS WITHIN SPECIAL IMPROVEMENT DISTRICT NUMBERS 63, 66 and 67 FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 13, 1974; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read in title by the City Clerk. Councilman Walls made a motion to adopt Ordinance ~62, Series of 1974, on second reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Pedersen, aye; Markalunas, aye; Walls, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #63, SERIES OF 1974, SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND Ord. ~63 Councilman Walls moved to read Ordinance ~63; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE a63 (Series of 1974) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND FOR THE BUILDING OPERATION AND MAINTENANCE, PARKS STREETS AND OTHER DEPARTMENTS; AUTHORI- ZING 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 was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #63, Series of 1974, on second reading; seconded by Councilman Walls. Roll call vote; Councilmembers Breasted, aye; Behrendt, aye; Pedersen, aye; Markalunas, aye; Walls, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~64, SERIES OF 1974, DECREASING APPROPRIATIONS WITHIN THE SEVENTH PENNY SALES Ord. ~64 TAX Councilman Behrendt moved to read Ordinance #64; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE a64 (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 E~RGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was ready by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance ~64, Series of 1974 on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Markalunas, aye; Behrendt, aye; Breasted, aye; Pedersen, aye; Walls, aye; Mayor Standley, aye; motion carried. ORDINANCE #65, SERIES OF 1974, SUPPLEMENTAL APPROPRIATION TO THE REVENUE SHARING TRUST Ord. ~65 AND AGENCY FUND Councilwoman Pedersen moved to read Ordinance ~65; seconded by Councilwoman Markatunas. All in favor, motion carried. 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 IM~LEDIATE ENACTMENT was read in title by the City Clerk. Councilman Behrendt moved to adopt Ordinance #65, Series of 1974, on second reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Pedersen, aye; Markalunas, aye; Breasted, aye, Behrendt, aye; Walls, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~66, SERIES OF 1974, MOVABLE UNITS RECOGNIZED AS PERMISSIVE STRUCTURES Ord. ~66 Movable City Attorney S~uller submitted a cover memorandum explaining the two ma]or provisions Structures which these structures violate in the building code and offering some alternatives; (1) setbacks in the fire zones where they canno~ comply with the building material requirements and (2) allowing them to provide alternatives to public facilities that are required under the code. Councilman Behrendt moved to ready Ordinance #66; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #66 (Series of 1974) AN ORDINANCE AMENDING SECTION 7-141 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RECOGNIZING AS PERMISSIBLE STRUCTURES WITHIN THE BUILDING CODE MOVABLE UNITS IF THEY ARE LOCATED NOT LESS THAN TEN (10') FEET FROM OTHER BUILDING OR STRUCTURES IN FIRE ZONES ONE AND TWO AND PROVIDE SANITARY FACILITIES IN ACCESSORY BUILDINGS OR ESTABLISH ACCESS TO THE SAME IN NEARBY STRUCTURES was read by title by the City Clerk. Councilman Behrendt moved to adopt Ordinance ~66, Sekies of 1974, on first reading; seconded by Councilman Breasted. Councilwoman Pedersen questioned what kind of review procedures will there be, will they have to go through P & Z, or can they just roll in the wagons? City Attorney Stuller said they have to go through building permit and this will amend the building code to allow the existence of these structures. Councilman Walls foresees a situation where we will be inundated with cabooses, old railroad cars, etc. The City has forestalled this type of situation for years and now we are opening the gates. Councilwoman Pedersen pointed out that the property owners who paid rent, had gone through the proper reviews, etc., would be considerably upset. Mayor Standley told Council that the Historic Preservation District had just taken care of the commercial area. They can't go in there without going to HPC. Councilwoman Markalunas said the HPC had the ability to turn these projects down. City Attorney told Council not if the prelect met HPC's criteria. There was a fi~e line between a structure and a vendor, that's a matter of interpretation the building office would have to work with. Mayor Standley asked why it can't be structures so it gives some latitude and flexibility in approval or denial. City Attorney Stuller answered that the Council must define in advance the elements the Council is concerned about. Councilwoman Markalunas expressed concern about writing a blank check for the downtown area after all the work that has gone into it. Mayor Standley said he felt there should be evaluation by some type of board, somebody to deal with it, and only allow it in areas that would come under the prerogative of those commissions. City Attorney Stuller told Council that they had to define to her what their concerns are because the City cannot unlawfully and unlimitedly delegate that authority to any board. Mayor Standley said the boards should define what the concerns are and attempt to articulate them, put them so they do come under the review prerogative of the HPC and the Mall Commission. City Attorney Stuller said they do come under the HPC and would only come under the Mall Commission if they abut it. Councilman Walls called a question. Roll call vote; Councilmembers Pedersen, nay; Markalunas, nay; Breasted~ nay; Behrendt, nay; Walls, nay; Mayor Standley, nay; Motion NOT carried. City Attorney Stuller told Council they would have to deal with the ultimate issues and the City doesn't try to ratify a structure and not offer that same opportunity of every single occupant of the City. If Council doesn't like the effect, then no one gets the privilege. Mayor Standley said the City could establish design criteria based on historic compatibility. There are ways of looking at it, not just saying it can't be done. Council decided to give the problem to the HPC and the Mall Commission for their recommendations that the Council can act on. Ord. #67 ORDINANCE #67, SERIES OF 1974, RETURN OF CERTAIN MONIES ESCROWED FOR SIDEWALK IMPROVEMENT Monies escrowed f¢ Councilwoman Markalunas moved to read Ordinance #67, seconded by Councilwoman Pedersen. sidewalk All in favor. improvement ORDINANCE #67 (Series of 1974) AN ORDINANCE ORDERING THE RETURN OF CERTAIN MONIES ESCROWED WITH THE CITY OF ASPEN FOR SIDEWALK IMPROVEMENTS PURSUANT TO THE REQUIREMENTS OF SECTION 19-101 OF THE MUNICIPAL CODE was read by title by the City Clerk. Dave Ellis, the City Engineer, explained to Council that this ordinance was in attempt to straighten out a messy situation. Basically, curb, gutter and sidewalks are required before one can get a certificate of occupancy, which is intended to bring about standard improvements as buildings are built. Ther~e is very little flexibility in that ordinance. The City has built up a substantial amount of money in escrow for locations where it is highly impractical, totally impossible or out of sequence with the existing improvements or buildings to build a sidewalk. The Engineering Department feels the very best solution would be to refund the money in escrow where it ~s impractical or impossible to build the sidewalks. Councilwoman Pedersen moved to adopt Ordinance #67, Series of 1974, on first reading; seconded by Councilman Walls. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Mayor Standley, aye. Motion carried. Councilman Behrendt left the Council Chambers. Ord. 968 ORDINANCE ~68, SERIES OF 1974, AMENDING BUSINESS LICENSES Amending Business Councilwoman Pedersen moved to read Ordinance #68, seconded by Councilwoman Markalunas. Licenses All in favor. ORDINANCE ~68 (Series of 1974) AN ORDINANCE AMENDI~G SECTION 12-29 OF THE MUNICIPAL CODE OF THE CITY ~ OF ASPEN CONCERNING BUSINESS LICENSING WHICH AMENDMENT ELIMINATES THE REQUIREMENT THAT A BUSINESS OCCUPY PREMISES WITHIN THE CITY BEFORE IT BECOMES SUBJECT TO THE LICENSING REQUIREMENTS OF ARTICLE II OF CHAPTER ~~ 12. was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~68, series of 1974, on first reading, and seconded by Councilwoman Pedersen. Roll Call Vote: Councilmembers Markalunas, aye; Walls, aye; Pedersen, aye; Breasted, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~69, SERIES OF 1974, ADOPTION OF THE STATE SCHEDULE OF ELECTRICAL INSPECTION FEE: Ord. ~69 State Schedule Councilman Walls moved to read Ordinance ~69, Series of 1974, and seconded by Councilwoman Electrical Markalunas. All in favor. Inspection fees ORDINANCE a69 (Series of 1974) AN ORDINANCE REPEALING AND RE-ENACTING SECTION 7-165 OF THE MUNICIPAL CODE CONCERNING ELECTRICAL INSPECTIO~ FEES WHICH AMENDMENT ADOPTS THE STATE SCHEDULE OF FEES AS REQUIRED BY COLORADO REVISED STATUTES SECTION 142-2-19, AS AMENDED~WaS read by title by the City Clerk. Councilman Walls moved to adopt Ordinance ~69, Series of 1974, on first reading, and Councilwoman Pedersen seconded. Roll Call Vote: Councilmembers Walls, aye; Breasted, aye Markalunas, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. MAYOR'S DEEDS GILNER AND BAXTER PROPERTIES Mayor's Deed Motion by Councilwoman Markalunas to have Mayor Standley execute the Mayor's Deeds for William A and Marcia M. Gilner and J. Sterling and Peggy Lou Baxter. Seconded by Council- man Walls. All in favor. MEETING CONTINUED ON BUS LEASE Councilwoman Pedersen moved to continue the meeting until Dece~ber 27 at 5:00 P.M. and Councilman Walls seconded. All in favor. - · ~ ? Kathryn S~/Hau t~r, Ci ty Clerk Continued Meeting Aspen City Council December 27, 1974 The meeting was reconvened by Mayor Standley at 5:10 p.m. with Councilmembers Walls, Pedersen and Breasted. Also present were City Attorney Stuller, City Manager Mahoney and outgoing Finance Director Don Rogers. BUS LEASE WITH 1ST NATIONAL BANK OF ASPEN Bus lease Finance Director Rogers outlined the bus lease to Council and noted that the 1st National Bank was supposed to have had their lawyer execute the lease before this date but if Council approves the Resolution then he will send them the lease and it will be executed by January 2, 1975 for 364 days and renewable for 3 years. The interest would be 9% on a declining balance and the contract seemed to mee~ all the City's requirements. City Manager added that the lease was necessary to the cash flow and Rogers reminded them that all the monetary Ordinances had been predicated on this lease. Rogers noted that he was unhappy with the bank because of their original agreemen~ to a one year contract and instead the bank's rough draft specified 4 years rather than year to year. Ms. Stuller noted that rather than have a mandatory buy-out, if they wanted to terminate the contract before the 4 years were up, they would have to purchase at the market value. Rogers explained that the Bank had drawn a typical lease benefitting themselves rather than what the City had wanted. Councilman Walls noted that he had brought this question up during the budget sessions about not having all the cash flow out and now, if they terminate the lease, the City will end up having to buy out. Rogers assured him that they had eliminated that clause in the contract. Councilman Breasted asked if the Bank is paying for the minibuses and Rogers explained that the City was selling them to the Bank and leasing them back. Councilwoman Pedersen asked if they would get a rebate if terminated and Ms. Stuller noted that they could at any year terminate for the 4 year period. Councilman Walls asked if there would be a penalty and Ms. Stuller explained that they would pay the balance of that year only if there were a defect,, if they simply did not like the buses, then they would have ~o wait ou~ the year. She said that they could bu~ them anytime for the'unamortized value of the buses instead of paying interest for the balance. Councilman Walls questioned whether they could send the buses back if they so chose and Ms. Stuller noted that she had felt that that legislative restraints should not be binding to their successors and if those people don't like the buses, they would go right back to the Bank. Councilman Walls asked what percentage of the principle would be paid out in the first year and Rogers said that with a double declining balance, 50% would be paid on the balance the 1st year, 50% of the remaining balance the second year, etc. Mahoney noted that they would be borrowing half and Rogers affirmed that this would spread the money out and there would be no front fee. Ms. Stuller said this was comparable to points only and at the end of the 4 years, it would be the City's for $1. Councilman Walls noted that they might not want them if the buses don't hold up. Rogers thought that the engine should be in good shape s~nce they will be burning propane and it should double the life of normal engines. Ms. Stuller was asked to comment and she noted that the lease meets all the restraints but thought that the Bank was hedging ~y making the 1st year payments so high and this was comparable to the front end payments. But she had to ask herself if this is a fair rental price for the buses and Rogers had assured her that it was for new vehicles. She said that there was one limitation: the Charter requires adoption or approval of the lease by Ordinance if they are in effect beyond the fiscal year and that is why they put in the 364 day clause. Hopefully it will be executed by January 2nd, but in case it is not possible, they would come back and ask for ratification of an Ordinance. She noted that the contract was called an adhesion contract because the Bank drafted it to their benefit but she had not found anything unconsciable. Councilwoman Pedersen questioned whether there would be a security deposit and Ms. Stuller said that they had objected to that part of the contract because the City would be penalized for exercizing their perogative so it had been eliminated. Councilwoman Pedersen asked if they hadn't transferred money over from the 7th penny and Rogers said that they had trans- ferred the sales tax account to the 1st National but that there would be no obligation. Ms. Pedersen was also concerned about the use limitation in the agreement S'tating place of use as the City of Aspen since the buses would be going into Pitkin County. City Attorney assured her that this would be changed. Councilwoman Pedersen also questioned the mainten- ance, would it be done by Dick Parker? The Mayor said that Don Newbury had a mechanic and it would come out of Parker's budget. She asked if their cost would be the $98,251.00 difference between the rental fee and the bus purchase price over the four years and Mayor ~tandley figured that the rental payments would be $130~00 and $12,000 for interest. Councilwoman Pedersen moved to read Resolution #45, series of 1974 and seconded by Councilman Walls. All in favor. RESOLUTION #45 Res. #45 (series of 1974) Bus lease WHEREAS, the City Manager and Director of Finance have submitted a Lease Agree- ment to the City Council, by and between the City of Aspen, and the First National Bank of Aspen, incorporating a schedule of equipment constituting the bus fleet to be used by the City of Aspen, and WHEREAS, the City Manager and ~i~ector of Finance have requested approval of the same and authorization by the City Council for execution of the agreements by the Mayor, and WHEREAS, said Lease Agreement is for a period of less than one calendar year, effective on the date of last execution by a party, and Section 9.13 (b) of the Aspen Charter requires approval by ordinance if a contract or lease provides for payments beyond the fiscal year, and WHEREAS, it is as yet undetermined when execution will occur on behalf of the First National Bank of Aspen, Lessor, and the City Council wishes to provide for ratification of the agreement by ordinance in the event that the date of execution is such as to provide for payments thereunder after December 31 1975, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, 1. That it does hereby ratify and approve the Lease Agreement dated December 27, 1974, a copy of which is attached hereto and incorporated by this reference, and does hereby affirm the same. 2. That the Mayor, Stacy Standley III is authorized to execute the same on behalf of the City of Aspen. 3. In the event the effective date is such so as to require the City of Aspen to make payments thereunder after December 31, 1974, the City Attorney is directed to prepare and submit for Council Adoption an ordinance appropriate for ratificatio~ of the same pursuant to the requirements of Section 9.13 of the Aspen Municipal Charter. Councilwoman Pedersen moved to approve the Resolution ~45, series of 1974, on first reading,~ and seconded by Councilman Breasted. All in favor. Motion carried. Natural Gas ROCKY MOUNTAIN NATURAL GAS INCREASE Increase The City Manager wanted to discuss the situation over Rocky Mountain Natural Gas receiving another increase today since Council would not be meeting until January 13, 1975. He noted that he would like some comment from Council concerning the 20% incrase granted by the PUC since they had already been granted an 18% increase six months ago. Larry Simmons had looked over the increase request and found enough items to warrant questioning the validity of the increase and the City had written the PUC asking for a hearing. They received, n~ticeii that their request had been denied and Rocky Mountain Natural Gass had been granted the ratei increase because their supplier costs had gone up in price. He said that they were allowed 20 days to reply and if they are allowed a hearing, then the increase will have to be stoppe~ until the case is settled. Mahoney asked that the City commit itself to being opposed to the rate ~ncrease. Councilwoman Pedersen said that she opposed it and Councilman Breasted said that he disapproved in terms of general principle against the rate increase. Ms. Stuller noted that PUC had given notice of the rate increase and there would be a postponement of the increase if challenged. They had submitted a protest of the action. Aerial Map MAP Councilman Breasted asked if it would be all right to post the map of Aspen he had done, which was an aerial view, in front of the Mayor's chair in the Council Chambers. Councilmanl Walls suggested putting it on the wall to the left of the Mayor where it could st~ll be seenli by the people. Councilman Walls moved to adjourn and Councilwoman Pedersen seconded. All in favor, meeting! adjourned at 5:30 p.m. Susan B. Smith, Deputy City Clerk