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Home My WebLink Aboutminutes.council.19750310Mayor Standley called the meeting to order at 5;05 p.m. with Councilmembers Behrendt, Breasted, De Gregorio, Markalunas, Pedersen, City Attorney Stuller present. Transpor Director salary Rail Transit system Rail Transit System �I Fireplace study Non-conf signs Insulation - housing code Antique Buses = park at Rio Grande I Main street II Building Code MINUTES Councilwoman Pedersen moved to approve the minutes of the February 24, 1974, meeting; seconded by Councilman Breasted. All in favor, motion carried. ACCOUNTS PAYABLE Councilman De Gregorio questioned number 12, Western Diesel, Vehicle Conversion. Mayor Standley told Council that was for the bus system propane. Councilman Breasted questioned number 81, City's share of the transportation director's salary. He thought the City's share was lower than $9,200. Finance Director Butterbaugh told Council that include 1/3 of the regular salary and 1/2 of the secretary's salary and fringe benefits. City Manager Mahoney came in. Councilman Breasted indicated he felt the City had agreed to pay $8,000 to the Transporta- tion Director's budget. City Manager Mahoney said he felt we were to pay 1/3 of the $18,000 and he would look into this with the County. Councilwoman Pedersen questioned nunber 14, Aspen Valley Hospital, Medical Services, in the amount of $301.90. Finance Director Butterbaugh said that was for antitoxin tests, and she would submit the actual invoices. Councilwoman Pedersen moved to approve the accounts payable, seconded by Councilman De Gregorio. All in favor, motion carried. CITIZEN PARTICIPATION 1) Jon Busch addressed Council on the transportation system proposed for Aspen. Busch felt that the rail system proposed will benefit our area. Should the Council not support the proposal, it will destroy the chances for a transit system. The Aspen complex offers a unique opportunity as a ski resort and the transit system can make it the finest ski area in the country. The rail system is not the whole answer but is a solid beginning which shows vision and looks to the future. Busch encouraged the Council to vote for and participate with the county in securing Federal aid. 2) Jamie Johnston spoke to Council about having a positive attitude towards the future. The City and County must devise a system to move inidividuals without the use of auto- mobiles. If not, we will destroy the basic qualities of living in this area. 3) Steve Weiner, president of EcoAnalysis, a private consulting firm in Denver, proposed a fireplace emission study to Council. Weiner's firm had presented a proposal to various municipalities to co-sponsor a study to come up with emission factors to use in future planning. This study could tell specifically how many fireplaces, what type and design, when they are being used, what kind of wood is being burned, etc. EcoAnalysis was asking the City of Aspen to participate in this study in any way. Mayor Standley said that Region 12 of Northwest Colorado Council of Governments should handle a study of this type; that the City was not in a position to take any stand right now. COUNCILMEMBER COMMENTS 1) Councilman Behrendt indicated he was interested in pursuing the problem of non-conformi signs. Councilman Breasted asked City Attorney Stuller what the procedure would be. City Attorney Stuller replied she would send notices of abatement to the owners of non�conformir signs as indicated on a list supplied by Building Inspector Meyring. 2) Councilman Behrendt told Council the County is considering adding a section to the Uniform Building Code related to requiring more stringent insulation than is now required to save energy. Councilman Behrendt felt it would be very good if the City would do the same thing. 3) Councilman Breasted wanted to put the rail transit on the agenda. Mayor Standley told Council it was scheduled for City Manager section. 4) Councilwoman Markalunas asked for the schedule of antique lights on Main street. City Manager Mahoney told her March 15th the City was transferring the people back to work on the project. 5) Councilwoman Markalunas mentioned the charter buses parked overnight in the residenti area. She asked to have the City Manager write Trailways and Gray Lines bus companies to tell them the buses would be required to park in the Rio Grande parking lot. The buses can warm up in the parking lot and not bother people in the residential area. 6) Councilwoman Markalunas made a complaint on the condition of Main street again and suggested sending a copy of Aspen Today with a picture of the potholes to Mr. Prosence. 7) Councilwoman Markalunas said it had been brought to her attention that part of our fire code or building ,code was now requiring sprinkler -type fire alarms to be installed in single-family residences. Councilwoman Markalunas indicated she felt this was a little heavy and would like this checked out. 8) Councilwoman Markalunas brought up PIF fees. She told Council that initially PIF fees were to be just that and not Water Department revenues. The Ordinance should be amended to show that these are monies to be earmarked for capital improvements to the water system or to other City capital improvement but should not be considered water revenues. Councilwoman Markalunas asked that this be an agenda item for the March 24th meeting. Finance Director Butterbaugh told Council that these monies are set up as revenues, however, they are restricted revenues. An adjustment will be made to indicate these revenues are a contribution from the citizens to be used as capital improvements. Council- woman Markalunas stated she would like to have this reinforced in an ordinance. 9) Councilwoman Pedersen asked if there was a capacity for movie houses. She has been getting complaints of overcrowding in theatres. City Manager Mahoney said the City did have capacity for movie houses and he would have the staff look into this. 10) Councilwoman Pedersen said people had asked her if there were buses running to get people downtown to work by 8 a.m. City Manager Mahoney say yes, there were. Councilman Breasted mentioned he had noticed the buses in his area were running on schedule. COLORADO MOUNTAIN COLLEGE - Space at the Wheeler Opera House Mr. Elbie L. Gann, President of Colorado Mountain College, read a letter to Council: "To: The City Council of Aspen "In 1969 Colorado Mountain College opened a full-time office in Aspen to serve the Aspen and Pitkin County Area. Over the years we have found that our continuing education classes have steadily grown and met with popular acceptance. Colorado Mountain College is unique among Colorado community colleges in the respect that there is no single, central dominant community to serve. As a result of this we have evolved a stronger continuing education program operating out of ten centers across the district. We have found that local citizens are much more prone to attend classes held in their own community at a time more convenient to them than if such classes were held on two campuses. "It is our desire to strengthen even further this off -campus program. in order to do so we feel that it is very desirable to utilize facilities wherever they can be developed in the host community. We have initiated a program whereby we take an existing facility and remodel it and utilize it for office and classroom facilities and related community activities. We now have such a center in the Hotel Colorado in Glenwood Springs and in what was formally a gymnasium in the city building in Breckenridge. The pattern we have established in each of these instances is to invest the necessary money to remodel the facility into offices and classrooms in exchange for a favorable longterm lease with the proprietors. "It is our understanding that the City of Aspen has given some consideration to remodeling the Wheeler Opera House. We would like to make an offer and request of the City of Aspen with a consideration of a possible partnership in the remodeling. In return for a favorable long-term lease CMC would be willing to remodel the first floor of the Wheeler Opera House in accordance with any building codes or standards required by the City of Aspen and in keeping with an overall architectural theme which might be extended to the entire building. As an initial commitment we would be willing to allocate $20 per square foot for such remodeling. I am sure that none of us know at this point whether this would be sufficient. "We would utilize the space for offices and classrooms. We would also make the classroom space available for free use by community groups as scheduled by our staff. "In exchange for this investment we request a ten-year lease with an option to renew at a cost not to exceed the cost of utilities. For us to implement such a plan we need a response from you by the middle of April. "Please do not, at this time, consider this to be a binding commitment on our part. The elements of this presentation have been discussed with members of the Governing Board of the College, but no binding vote has been taken, nor could one be taken until something more specific has been presented. "Thank you for hearing our presentation. Elbie L. Gann, President" Councilman Behrendt pointed out there were institutions already using parts of the first floor and suggested using the basement space. Mr. Gann indicated the basement would be just as usable for their purposes. Steve Mills, Local representative for CMC, told Council it was imperative that the basement not be spearated from the first floor space. Councilwoman Markalunas said the City has been putting together what will be a compre- hensive plan of the Wheeler Opera House, how it can best be remodeled and for what uses. Councilwoman Markalunas indicated that CMC's proposal is appropriate for this compre- hensive plan. MUSIC ASSOCIATES OF ASPEN - Use of Basement at Wheeler Opera House Mayor Standley told Council the Music Associates of Aspen were interested in using the basement of the Wheeler Opera House as a feeding center for their music students. Edgar Stern told Council the M.A.A. was facing serious problems as the previous space for feeding was not available this year. The M.A.A. had looked at every possible facility to accommodate the students, and converting the basement of the Wheeler looked like the best possibility. The M.A.A. feeds 350-400 students three meals a day and this is an essential part of the whole program. PIF Capacity - movie houses Colorado Mountain College - Space at Wheeler Music Associates of Aspen �' The MA.A. would offer to spend $10,000 to renovate the basement and to pay $3,500 per summer providing whatever is spent for renovation is credited against the rent. The I M.A.A. is also asking for a minimum of a three year lease. I Ted Armstrong, Parks and Recreation Direction, said there was a soda fountain in the basement and the space is just barely adequate to install some type of kitchen which would feed that amount of people. Mayor Standley questioned the ventilation and electric system. Armstrong told Council some ventilation and storage for foods would have to be installed. Mayor Standley asked if there was sufficient capacity to feeithat many j people. Edgar Stern said not everyone ate at once. Mayor Standley mentioned that Grass- roots was willing to move their office space upstairs. Councilwoman Markalunas asked what would happen to the recreation program down in the basement. Armstrong said they could make other arrangements, j Councilwoman Markalunas moved to lease the basement of the Wheeler Opera House, or that j portion under the control of the City, to the M.A.A. for three years as per their memo- randum submitted dated March 10, 1975, and to move Grassroots upstairs; seconded by Councilwoman Pedersen. i Councilman Behrendt suggested a rent of $1 per year plus their share of the utilities. Edgar Stern said the M.A.A. planned on paying their utilities as they would only use the sp for nine weeks. Mayor Standley told Council the City could use the space at other times. Armstrong asked if other civic groups already using that space could still have it when the M.A.A. wasn't using it. Edgar Stern said the M.A.A. would prefer to keep it under their control but perhaps something could be worked out for after 8 p.m. and the MA.A.A could lock up the kitchen. Councilman De Gregorio suggested the motion be amended to include the fact that the City can use the space after 8 p.m. Councilwoman Markalunas amended her motion so to read. All in favor, motion carried. Aspen Villas ASPEN VILLAS - Final Subdivision Final Subdivision Yank Mojo, Planning Department, presented the final plat to Council. He also told Council that the Villas were drawing up an agreement to prohibit use of the basements in the Villas for bedroom purposes. Mojo mentioned to Council the property was valued at one - quarter million dollars for cash dedication purposes. The cash dedication to the City will be $10,000. Mayor Standley asked where the public trail will be. Mojo told Council it was on the western boundary and will be paved in concrete. There will be accesses to this meandering ( path from Seventh and Hallam. The bike path will not go on Seventh and Hallam because t, li that is too dangerous. Mayor Standley asked if the bike path could be marked as such. Mojo said yes, it could. City Attorney Stuller said this agreement was directing that the subdivision agreement be recorded and the City was accepting the cash dedication. Councilwoman Markalunas said it was her understanding that there were to be no parking signs along Hallam from the bridge to the corner. That hasn't been done. In the summer the bike trail is obstructed with parked cars. Mojo told Council it was up_to the City to post the signs. Also, there are to be no curb cuts off Hallam street except one. Councilman De Gregorio made a motion to approve the final plan for subidivision; seconded by Councilwoman Pedersen. Art Daily, representing the Villas, pointed out to Council the figure on pages 4 and 5 of the subdivision agreement for escrow arrangements should be $67,256. All in favor of the motion, except Councilman Behrendt and Mayor Standley. Motion carried. 620 HYMAN BUILDING 620 Hyman Building - Don Fleisher presented two models to Council for his proposed building site that he felt redesign are both better than the building approved under Ordinances #19 and #50, Series of 1974. The first model had three levels above grade and the roofline fits into the scheme of the block. The second model had one floor below grade. Fleisher pointed out to Council that these are not final design schemes but to demonstrate how mass and density can work and still take into account the rest of the block. Both of these plans have the same amount of open space but it has been distributed differently. Fleisher also mentioned they are still studying which one they liked best. Councilman Behrendt moved the Council vote in favor of the two story model. Councilman Breasted asked if the two story scheme had all been worked out. Jerry McCarthy representing Tom Wells who is the architect for the project, told Council some of the exact plans may vary, but he could live with the two story project. The two. story scheme allows them the most square footage and has the lowest profile. Fleisher told Council they wanted to go ahead with one design. Councilman Behrendt called his motion; Councilman De Gregorio seconded. Councilwoman Pedersen asked if Fleisher still had to come back April 15 if the Council voted on this project. Fleisher said Council would vote on one of these schemes and he won't come back again or Council could vote to let them re -design the project on their ideas. Either result would be a synthesis of the two projects and ideas. Councilman Breasted .asked what range of subtlety they were talking about in changing of their design. Councilman Breasted said he felt all this should be made very clear so that Fleisher didn't spend money and time unnecessarily in a misunderstanding. Fleisher answered that this is just a model which shows a concept and not a design. If the Council approves �! this concept then he will desgin it. i !j Councilwoman Markalunas mentioned she liked the three story concept better because it didn't make the block look like such a pancake. Jerry McCarthy told Council they needed direction so that they could pursue a";design. Mayor Standley said Council could accept conceptual idea of the two story model but Fleisher will have to do some more work on the design and bring it back to Council for final approval. The Council is reserving final approval. All in favor of the motion except Councilmembers Markalunas and Pedersen; motion carried. TRAIL DEVELOPMENT Planner John Stanford presented a map to Council and told them that the County had a work program scheduled this summer with regards to work on the trails and suggested some trails the City could get involved in if they wished. The first was a paved trail from the Rio Grande trail down through Castle Creek and connecting with the existing underpass under the bridge down to the music school. Stanf told Council this is a tentative part of developing a loop system around the City. Another trail could be the Ute Avenue trail link through the Benedict property to Highway 82. Another possibility is a trail in the general alignment of the Salvation Ditch from Highway 82 to behind Silver King. There is also the possibility of going from where the Rio Grande trail ends by the Hunter Creek and Roaring Fork bridge down to Mill Street on the old Rio Grande right-of-way. Stanford also pointed out the City could construct a trail from Bleeker to Main to Seventh in order to allow bikes to avoid Main Street. Stanford mentioned the opportunity of demonstrating how urban trails could be incorporated by building a path from the bridge the City just built on East Hopkins to Park Circle. Councilwoman Markalunas asked about using penaprime which is much less expensive than paving. Penaprime might be adequate for bicycles. John Stanford also said the Rio Grande trail link could go from Main Street through the Rio Grande property and connect most likely at Mill Street. This would get the people walking from Silver King off Mill Street. Councilman Breasted indicated he would rather see a very strong pedestrian link made from the parking lot to town than from Silver King. He believed this is a higher priority. Stanford answered that that could be incorporated into the Rio Grande trail element. Stanford told Council he was presenting these choices to see if the City would like to go any further with trial implementation this summer. The County trail system will cost around $5.00 per lineal foot not including labor. Mayor Standley affirmed all County trails in the City limits will require City approval first. The City will look at all their engineering plans. The City is taking flak for the County trails built last summer because citizens think they are ours and because the trails did not stand up over the winter. Councilman Breasted asked if there would be recommendations for the signing of trails. Stanford said the County has developed a trail signing program and perhaps the City may want to look at them. Councilman Breasted indicated he meant something along the lines of an overall trails system map. City Manager Mahoney told Council the Mall Commission was addressing a trails system map. John Stanford asked City Manager Mahoney to address the budget in terms of trail implimentation. City Manager Mahoney told Council that the City could incorporate some of this with the water preservation we need to do and go down the end of Galena Street with steps into the parking lot. The City has three ditches that we must preserve this summer, we can enlarge the ditches and use beneficially. The City can apply the water to Ute Children's Park, dump the water back over the ridge below the cemetery, down through the Gant area and Glory Hole park, through our storm sewer run off and come off near the Courthouse; and have the water cascading down Galena Street and into the Rio Grande parking lot, apply it either to ponds or some other beneficial use. City Manager Mahoney said he would like to incorporate a trail to serve the Rio Grande parking lot with this water system. Councilwoman Markalunas pointed out the steps would be nothing but trouble in the winter- time. Perhaps a meandering path would be better. Planner Stanford said the path already meandered somewhat and the Planning Department would like to provide a more direct access to the parking lot. Mayor Standley said Council didn't budget any money for trails in 1975. John Stanford said the link between Bleeker and Main Street would cost around $1,500. Councilwoman Markalunas suggested using chip and seal as the Villas are doing. This would cost 1/3 as much and it would be a good experiment to see if chip and seal were adequate for bike paths. Councilman Breasted said he would rather see the Council pursuing a separate crossing of Castle Creek. Mayor Standley told Council this was not an appropriate way to be attacking the trail system. Councilwoman Markalunas asked the City Manager to see what the budget can stand and have this subject brought back at the next meeting. Councilwoman Markalunas indicated she felt Council was pretty much in favor of these two links (Rio Grande and Bleeker). Trail Devel- opment Castle Creek Ute Avenue Bleeker Rio Grande Trail signing Water and trails Councilman Behrendt questioned the water run off to the Rio Grande parking lot. City Manager Mahoney told Council the City had to come up with beneficial use of the water so we will be able to sit in a Water Court and say that.we applied the water beneficially. CITY MANAGER 1) City Manager Mahoney asked Council for a study session to discuss the Holy Cross/City of Aspen negotiations. It was Mahoney's opinion that this is a good time to take the question to the public in the May election rather than having a special election. The study session was set for Tuesday, March 18, at 7:00 p.m. The annexation question will also be discussed at that study session. Wheeler Opera 2) City Manager Mahoney discussed the Wheeler Opera House arbitration and told Council House the decision was supposed to be in but the opposing attorney left the country and did not file his brief. The City's only other recourse is to go to Court and that would take a long time. As soon as the determination comes from the referee, the City can address the Wheeler Opera House total plan. Councilwoman Markalunas mentioned that in order to get Federal funds from the National Trust in charge of preservation, the application must be submitted by the first of April. This would be a lucrative source of funds for next year. Councilwoman Markalunas recommended that planning on the Wheeler sufficient to file an application with the National Trust be done. 3) City Manager Mahoney told Council that the Thrift Shop ladies had donated $300 for carpeting to the Youth Council for their house on the golf course. The Thrift Shop had asked for the use of the small room in back of their shop at the Wheeler for storage. The City agreed with no conditions and no time limit.' Grassroots will move upstairs into the area Aspen Reservations had. Post Office 4) City Manager Mahoney gave Council an up -date on the Post Office. Mahoney had called Senator Gary Hart's office and talked to the staff and had sent the staff the newspaper clippings with the City's problems well documented. Mahoney asked Senator Hart's staff if they would give the City their assistance and they indicated an interest. Mahoney also mentioned receiving a letter from Representative Jim Johnson indicating Johnson's frustration with this problem. City Manager Mahoney asked for Council's position on the Post Office as of.March 10, 1975, in terms of holding the Post Office to home mail delivery and our determination not to sel our land to the Post Office unless we get home delivery. City Manager Mahoney listed for Council the rumors circulating about the land deal and the Post Office. (a) The Post Office is negotiating with Trueman for a site on Lot 3 West of the Schottland development. (b) The Post Office negotiated with someone at the Airport Business Center for a site to sort the mail with a substation in town. (c) The Post Office has given up and now will sort the mail in Glenwood Springs and only have a distribution point here. Councilman Breasted said he was willing to compromise with the Post Office, to have group boxes and downtown mail delivery. Councilman Behrendt asked, if the Post Office had fulfilled their downtown delivery yet. The answer was no. Councilman De Gregorio said he was not totally in favor ofhome delivery anyway and would like to see the City keep the options open. Mayor Standley pointed out the.options (a) to remain status quo pending what the City hear: from Senator Hart's office (b) to go back and discuss the compromise offered by the Post Office (c) to consider taking the Post Office to Court. Councilwoman Markalunas said there was a section in the United States code that says the postmaster can provide mail delivery to communities that generate more than $10,000 of revenue. Councilwoman Markalunas said she didn't think the Post Office had examined all avenues of approach to this problem. Perhaps the City should also contact Senator Haskell as well as the Postmaster General. City Attorney Stuller said she would like to talk to the U.S. Attorney General's Office. Councilwoman Markalunas said if the City gives into this now, we are committed to automobiles going up and down Main street. Councilman Behrendt pointed out the City had battled with this problem a long time and he would rather fight. The Council should be offering this Community what they are really worth. Mayor Standley asked Council if they were against going to the Attorney General's Office and then having a status report for the next Council meeting. Council agreed they were in favor of this. Rail Transit 5) City Manager Mahoney told Council he had been asked by the County Manager to look into the fiscal feasibility of financing the light rail transit from Aspen to Snowmass through the seventh penny. Is it fiscally feasible to commit $175,000 in 1977 and from Ithat point to increase this compounded at a rate of 6 percent. City Manager Mahoney gave Council a flow sheet worked out by Finance Director Butterbaugh demonstrating that $175,000 in the year 1977 could be feasible. Councilwoman Markalunas asked what this money represented. Mahoney answered that it would be the money that would be sufficient from the City to support the light rail transit. This would be our share of the debt service and operating costs. The County still needs an additional $2,000,000 for purchase. City Manager Mahoney explained to Council that the County asked him if the City could affort $175,000 in 1975 and expand it 6 per cent thereafter, and, yes, it is fiscally feasible for the City to do with. Mayor Standley said the question is how does the City approach their involvement. Councilman Breasted made a motion that the Council support the application which is being made to UM TA for the rail system from Aspen to Snowmass; seconded by Councilman De Grego Councilman. De Gregorio asked if the City supported the application, did that mean we were led to it or could we get out of it. City Attorney said the City would have 90 days to re -consider once the application was accepted. Councilman Breasted asked if the representatives of the community felt rail transit is something they wanted to back. It is important to tell UMTA if the community is really interested. Mayor Standley told Council that the rail transit would cost a lot more than $10,000,000. There would probably be around $40,000,000 involved. There has been a minimal amount of information disseminated to the City and to the public.Mayor Standley also said when the City is committing City money and City lands for 20 years, this should be put to a vote and there is no reasonthis question could not be put on the May 6th election. Mayor Standley told Council he had no problem supporting the grant at this point but that the support should be conditioned upon a favorable outcome of the ballot question in May. Mayor Standley said he felt it was the City's responsibility to take this question to the City voters. The seventh penny is transportation money but is meant for all kinds of transportation. It will be simple to get the people in on this question and the election happens before UMTA made the grant award. Councilman Behrendt said he would be in favor of sending this question to the voters. Councilman Behrendt said he wasn't ready to make a decision himself. There are many questions about it, and he doesn't have the answers. Councilman Behrendt said the City should nail down the parameters of the project sufficiently enough so that the people can see what they are voting on. Councilwoman Markalunas told Council she was wholeheartedly in favor of a transit system if that transit system moved people, up and down the valley. However, this transit system appears to move only skiers and the City must address the whole transportation problem. Councilwoman Markalunas said the application to UMTA should be expanded to address the whole transportation problem, to bring employees to work, visitors from the Airport, people to and from Basalt, etc. These reservations should be made a part of any resolutioi Councilman De Gregorio said he agreed with Councilwoman Markalunas, that service to Glen- wood and down valley should be included in the grant. Councilman Breasted told Council that his motion should not be understood that he thinks that a rail transit to Snowmass would solve all the problem but is just one line of many links with public transportation and the private automobile. Councilman Breasted also noted he felt Council was premature if it wanted to solve the transporation problems of the entire Roaring Fork Valley at this time. Councilwoman Markalunas reminded Council that the seventh penny was to be used for all transportation and from the cash flow sheet presented by City Manager Mahoney in ten years there would only be $10,000 left over for other transportation. Councilwoman Pedersen made a substitute motion; "I would like to move that we submit a letter of intent to Pitkin County in support of the UMTA grant application contingent on certification of the electorate. I further move to direct the City Attorney to draft for consideration at the March 24th regular meeting, a resolution submitting to the electroate at the General Municipal Election to be held May 6, 1975, the question as to whether the City of Aspen should join in an application for an UMTA grant to establish an electric rail system, alerting the citizenry that the awarding of the grant will obligate the city to joint funding of the same, all as described in the UMTA grant application and accompanying -reports. I would further move that the City Attorney shall further draft for approval of the Counci. on March 24th an official statement to accompany the resolution describing the essential elements of the rail proposal and requiring financing, which statement shall be approved by the City Council, and be published with the notice of the election so as to afford the citizens of Aspen sufficient information to apprise them of the full impact of the system in terms of anticipated costs and land use effects." seconded by Councilman Breasted. Councilman De Gregorio asked for a breakdown of the motion. Councilwoman Pedersen replied that the City should (1) send a letter to the County in support of their application contingent upon the voters (2) get to the voters all information needed. Councilman Breasted mentioned the deadline if the City and County want funding for next year. Councilwoman Pedersen said the County could go ahead with the grant application. Mayor Standley said if the voters turn it down, then we will tell UMTA at that time. Councilman Behrendt questioned getting sufficient information out to the voters so that they could make a good reasonable choice. Councilman Behrendt pointed out this was a very emotional question. Councilwoman Pedersen said there was a great amount of data and it will begin to take shape. Councilman De Gregorio told Council the question will still be emotional when it comes to the voters no matter how much information the City provides. You can't take that element out, just try to inform them as best you can. Rail Transit motion Councilman Behrendt asked if the staff can break the information down for the public. Councilwoman Pedersen suggested an official statement should accompany the resolution describing the essential elements. City Attorney Stuller told Council the job of sythesis will become the staffs. Hans Gramiger spoke to the Council in opposition of delaying support for the UMTA grant. t �✓ Mayor Standley said this is a fair way. It is a serious enough question that the voters should be making a choice. Councilman Behrendt called a question. Council was unanimously in favor of Councilwoman Pedersen's substitute motion. Motion carried. Ord. #5 ORDINANCE #5, SERIES OF 1975 Criminal Code Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman De Gregorio moved to read Ordinance #5; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #5 AN ORDINANCE AMENDING SECTIONS'13-35 AND 13-51 OF THE ASPEN MUNICIPAL CODE j AND ESTABLISHING A NEW SECTION 13-68 OF CHAPTER 13; WHICH AMENDMENTS PROVIDE FOR THE PUNISHMENT OF DISCHARGING BOWS, BLOWGUNS, SLINGSHOTS, GUNS OR OTHER DEVICES AT ANY BUILDING, VEHICLE OR PERSON OR IN ANY PUBLIC PLACE; WHICH ALSO PUNISHES THE BRANDISHMENT OF ANYTHING APPEARING TO BE A DEADLY WEAPON WHEN P, CALCULATED TO ALARM; AND PROHIBITING THE DISBURSING OR PLACEMENT OF HANDBILLS I' IN OR ON VEHICLES OR IN PUBLIC PLACES, BUT PROVIDING FOR DISTRIBUTING NON- COMMERCIAL HANDBILLS IF RECEIVED BY A RECIPIENT; AND IMPOSING PENALTIES OF NOT MORE THAN THREE HUNDRED ($300.00) DOLLARS OR NINETY (90) DAYS IMPRSONMENT ON VIOLATION OF ANY OF THE ABOVE I• was read by title by the City Clerk. 'I i u Councilman Breasted made a motion to adopt Ordinance #5, Series of 1975, on second reading;;! seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; Markalunas, aye; De Gregorio, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. j Ord. #8 ORDINANCE #8, SERIES,OF 1975 Mall Commission Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed t✓ the public hearing. Councilwoman Markalunas moved to read Ordinance#8, Series of 1975; seconded by Councilman;, Behrendt. All in favor, motion carried. ORDINANCE #8 (Series of 1975) AN ORDINANCE REPEALING ORDINANCE NUMBER 57, SERIES OF 1974, WHICH ORDINANCE ESTABLISHED THE ASPEN MALL COMMISSION AS A PERMANENT COMMISSION WITHIN THE PURVIEW OF SECTION 8.2 OF THE CHARTER OF THE CITY OF ASPEN; ESTABLISHING IN LIEU THEREOF A TEMPORARY COMMISSION PENDING THE FINAL DEVELOPMENT OF THE 1 TEMPORARY COMMISSION PENDING THE FINAL DEVELOPMENT OF THE MALL OR DECEMBER 31, 1977, WHICHEVER OCCURS FIRST; DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS; THEIR POWERS AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE MALL COMMISSION; AND ESTABLISH- ING RULES OF PROCEDURE TO BE FOLLOWED BY THE MALL COMMISSION IN EXERCISING ITS FUNCTIONS j was read by title by the City Clerk. Councilwoman Pedersen made a motion to adopt Ordinance #8, Series of 1975, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Behrendt, aye;;, Breasted, aye; Markalunas, aye; Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. Ord. #9 ORDINANCE #9, SERIES OF 1975 False Alarms Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman De Gregorio moved to read Ordinance #9, Series of 1975, seconded by Council- j woman Markalunas. All in favor, motion carried. ORDINANCE #9 (Series of 1975) j AN ORDINANCE AMENDING SECTION 8h-8 OF THE ASPEN MUNICIPAL CODE ENTITLED "REVOCATION OF LICENSE" (CONCERNING THE ALARM SYSTEM) WHICH AMENDMENT PROVIDES FOR AN APPEAL TO THE ASPEN CITY COUNCIL FROM A REVOCATION OF SAID LICENSE; DESCRIBES HOW TO PERFECT SUCH APPEAL; AND LIMITS REVIEW OF THE CITY COUNCIL ACTION TO A DETERMINATION AS TO WHETHER THE CITY COUNCIL HAS EXCEEDED ITS JURISDICTION OR ABUSED ITS DISCRETION. Ili was read by title by the City Clerk. ICouncilman Behrendt made a motion to adopt Ordinance #9, Series of 1975, on second 4i reading; seconded by Councilwoman Markalunas. Roll call vote; Councilmembers De Gregorio, 11 aye; Pedersen, aye; Councilman Behrendt made a motion to adopt Ordinance #9, Series of 1975, on second reading; seconded by Councilwoman Markalunas. Roll call vote; Councilmembers De Gregorio, aye; Pedersen, aye; Markalunas, aye; Behrendt„ aye; Breasted, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #12, SERIES OF 1975 Mayor Standley opened the public hearing. City Attorney Stuller told Council this Ordinance was a Charter amendment changing the long term installment contract provision. Don Rogers suggested tying down the amount of funds that could be tied up through long term installment contracts. City Attorney Stuller said.. this could be done by changing a sentence to "The obligation to make any payments or pay any rentals shall constitute an indebtedness of the City within the meaning of the Charter limitation on indebtedness. Mayor Standley closed the public hearing. Councilwoman Markalunas moved to read Ordinance #12, Series of 1975, as amended; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #12 (Series of 1975) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 6, 1975, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY PROVIDING THAT THE CITY MAY ENTER INTO LONG TERM INSTALLMENT CONTRACTS, p RENTALS AND LEASE HOLDS Councilwoman Pedersen moved to adopt Ordinance #12, Series of 1975 as amended on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Breasted, aye; Behrendt, aye; Markalunas, aye; Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #13, SERIES OF 1975 Mayor Standley opened the public hearing. City Attorney Stuller reminded Council this Ordinance was exempting the Vroom Building from the zoning code. Mayor-Standley closed the public hearing. Councilman Behrendt moved to read Ordinance #13, Series of 1975, seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE #13 (Series of 1975) AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DISTRICT MAP THE "VROOM BUILDING" IF THE APPLICANT SHALL HAVE FILED HIS BUILDING PERMIT APPLICATION WITHIN FIFTEEN (15) DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCTION OF THE EXEMPTED PROJECT WITH REASONABLE DILIGENCE was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #13, Series of 1975 as amended on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Markalunas, aye; Breasted, aye; Behrendt, aye; De Gregorio, aye; Pedersen, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #4, SERIES OF 1975 Councilwoman Markalunas moved to ready Ordinance #4, Series of 1975, on first reading as amended; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #4 (Series of 1975) AN ORDINANCE AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $25,990.00; RECOGNIZING REVENUES IN EXCESS OF THOSE ESTIMATED IN THE BUDGET FOR SAID AMOUNT REPRESENTING A CETA GRANT AND COUNTY CONTRIBUTION FOR THREE (3) EMPLOYEES; AND ALLOCATING THE APPROPRIATIONS TO THE GENERAL FUND (COMMUNICATIONS SALARIES) AND WATER ENTERPRISE FUND (WATER DEPARTMENT SALARIES) was read as amended by the City Clerk. City Attorney Stuller told Council this Ordinance allocated funds the City had received from CETA for personnel. Councilman Behrendt moved to adopt Ordinance #4, Series of 1975, on first reading as amended; seconded by Councilwoman Markalunas. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Markalunas, aye; Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. Ord. #12 Charter Amendment - Contracts Ord. #13 Vroom Building Ord. #4 Supplemental Appropriation CETA Ord. #10 ORDINANCE #10, SERIES OF 1975 Endangered Councilwoman Pedersen moved to ready Ordinance #10, Series of 1975; seconded by Councilman Species Breasted. All in favor, motion carried. I ORDINANCE #10 (Series of 1975) AN ORDINANCE PROHIBITING THE SALE, POSSESSION TO SELL, PURCHASE OR IMPORTATION OF ENDANGERED SPECIES OR PARTS THEREOF; ESTABLISHING EXCEPTIONS THERETO; PROSCRIBING SUCH ACTIVITIES AFTER JUNE 1, 1975; AND PROVIDING THAT ON VIOLATION OF THIS ORDINANCE THERE MAY BE IMPOSED A FINE NOT EXCEEDING THREE HUNDRED ($300.00) DOLLARS OR IMPRISONMENT FOR A PERIOD OF NOT MORE THAN NINETY (90) DAYS OR BOTH SUCH FINE AND IMPRISONMENT was read by the City Clerk. Councilman Behrendt moved to adopt Ordinance #10, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Pedersen, aye; Behrendt aye; De Gregorio, aye; Breasted, aye; Markalunas, aye; Mayor Standley, nay. All in favor, except for Mayor Standley who voted nay; motion carried. Ord. #14 ORDINANCE #14, SERIES OF 1975 Council City Attorney Stuller told Council this Ordinance represented a discussion at the last Salaries Council meeting where Council voted to increase Council salaries. Councilwoman Pedersen moved to read Ordinance #14, Series of 1975, seconded by Council- woman Markalunas; all in favor, motion carried. ORDINANCE #14 (Series of 1975) AN ORDINANCE REPEALING ORDINANCE #23, SERIES OF 1967; ESTABLISHING HIGHER SALARIES FOR THE MEMBERS OF THE CITY COUNCIL AND THE MAYOR AND SETTING THE SAME AT TWO HUNDRED FIFTY ($250.00) DOLLARS PER MONTH, AND THREE HUNDRED THIRTY-FIVE ($335.00) DOLLARS PER MONTH, RESPECTIVELY; AND FURTHER PROVIDING THAT THE ADDITIONAL COMPENSATION AUTHORIZED WHEREIN SHALL NOT BE ENJOYED BY ANY MEMBER OF THE CITY COUNCIL (OR THE MAYOR) SITTING AT THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #14, Series of 1975, on first reading; seconded by Councilman Breasted. Roll call vote; Councilmembersa� Gregorio, nay; Pedersen aye; Markalunas, aye; Breasted, aye; Breasted, nay; Mayor Standley, aye. All in favor, except for Councilmembers De Gregorio and Behrendt, who voted nay; motion carried. Ord. #15 Iq ORDINANCE #15, SERIES OF 1975 Aspenview , Councilman Behrendt moved to read Ordinance #15, Series of 1975; seconded by Councilwoman Annexation Pedersen. All in favor, motion carried. Ord. #16 Re -district City ORDINANCE #15 (Series of 1975) AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY JOHN C GINN CONTAINING .115 ACRES MORE OR LESS; AND ANNEXING THE SAME PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #15, Series of 1975, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Pedersen, aye;.Markalunas, aye; De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #16, SERIES OF 1975 City Attorney Stuller explained to Council this Ordinance was re -districting the voting precincts in the City of Aspen. The precinct lines have been moved east; the Charter requires that each district have approximately the same number of voters. This re- districting will enable the City precincts to correspond with the County precincts. Councilwoman Pedersen moved to read Ordinance #16, Series of 1975; seconded by Council- woman Markalunas. All in favor, motion carried. ORDINANCE #16 (Series of 1975) AN ORDINANCE REDISTRICTING THE CITY OF ASPEN; ESTABLISHING THREE (3) VOTING PRECINCTS WITHIN THE CITY; PROVIDING THAT NO PRECINCT CONTAIN MORE THAN 1,200 ELECTORS; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read in title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance'#16, Series of 1975, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers De Gregorio, aye; Pedersen, aye; Markalunas, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #17, SERIES OF 1975 Ord. #17 Budget - City Attorney Stuller mentioned that Ordinances #17-#20 were reflected budget changes. City Hall Councilwoman Markalunas moved to read Ordinance #17, Series of 1975, on first reading; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #17 (Series of 1975) AN ORDINANCE APPROPRIATING $80,000.00 OF PREVIOUSLY UNAPPROPRIATED 6TH PENNY SALES TAX REVENUES FOR CITY HALL RESTORATION AND REPAIR EXPENSE FOR THE 1975 BUDGET YEAR was read in title by City Clerk. Councilwoman Markalunas moved to adopt Ordinance #17, Series of 1975, seconded by Council- woman Pedersen. Roll call vote; Councilmembers Pedersen, aye; De Gregorio, aye; Markalunas, aye; Breasted, aye; Behrendt, aye; Mayor Standely, aye. All in favor, motion carried. ORDINANCE #18, SERIES OF 1975 Ord. #18 Budget - Thomas Councilwoman Pedersen moved to read Ordinance #18, Series of 1975, on first reading; Property seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE #18 (Series of 1975) AN ORDINANCE APPROPRIATING FROM THE 7TH PENNY SALES.TAX UNAPPROPRIATED REVENUES THE SUM OF $81,750.00 FOR THE PURPOSE OF THE THOMAS PROPERTY -ACQUISITION COST OF APPRAISAL OF THE MIDLAND RIGHT OF WAY, AND FOR CON- TINUING MALL MAINTENANCE FOR THE 1975 BUDGET YEAR. was read in title by City Clerk. Councilwoman Pedersen moved to adopt Ordinance #18, Series of 1975, on first reading; seconded by Councilwoman Markalunas. Roll call vote; Councilmembers Pedersen, aye; Markalunas, aye; De Gregorio, aye; Behrendt, aye; Breasted, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #19, SERIES OF 1975 Ord. #19 Transfer;. Councilwoman Pedersen moved to read Ordinance #19, Series of 1975; seconded by Councilman Meadowood Water De Gregorio. Councilwoman Markalunas asked what the general fund appropriations were for. Finance Director Butterbaugh said they were additional donations that had not been budgeted. All in favor, motion carried. ORDINANCE #19 (Series of 1975) AN ORDINANCE TRANSFERRING UNAPPROPRIATED WATER REVENUES TO THE GENERAL FUND IN THE AMOUNT OF $4,250.00; AND APPROPRIATING $23,000.00 OF ADDITIONAL UNAPPROPRIATED WATER FUND REVENUES FOR A MAROLT-HOLDEN DITCH WATER RIGHTS INVENTORY AND IMPROVEMENTS TO THE MEADOWOOD WATER LINE FOR THE BUDGET YEAR 1975 was read in title by the City Clerk. Councilman De Gregorio moved to adopt Ordinance #19, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Markalunas aye; Pedersen, aye; Breasted aye; Behrendt aye; De Gregorio aye; Mayor Standley aye; all in favor, motion carried. ORDINANCE #20, SERIES OF 1975 Ord. #20 Donations Councilman Breasted moved to read Ordinance #20, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #20 (Series of 1975) AN ORDINANCE APPROPRIATING $2,500.00 to the ASPEN HISTORICAL SOCIETY: $750.00 TO THE ASPEN VOLUNTEER FIRE DEPARTMENT; AND $1,000.00 TO THE ASPEN FOUNDATION OF THE ARTS FROM UNAPPROPRIATED WATER FUND SURPLUSES FOR THE 1975 BUDGET YEAR Councilman Behrendt moved to adopt Ordinance #20, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Councilwoman Markalunas asked how the City could take this money out of unappropriated water funds when the previous ordinance just put the money into general fund. Ordinance #20 says the money is coming from unappropriated water fund surpluses for the 1975 budget year when in fact it was just transferred to the general fund. City Attorney Stuller •'�tIY Vl1 1V./ 1J/.� suggested to Council the words "Water Fund" in the ordinance be changed to "General Fund" Res. #8 Aspen Foundation of the Arts Res. #9 Re -appoint Mall Commission Res. #10 Repeal Res. 33 Councilwoman Pedersen moved to adopt Ordinance #20, Series of 1975, as, amended; seconded by Councilman Behrendt. Roll call vote; Councilmembers De Gregorio,aye; Pedersen, aye; Behrendt, aye; Breasted, aye; Markalunas, aye; Mayor Standley, aye; all in favor, motion carried. City Attorney Stuller told Council in view of the fact that Ordinance #16, Series of 1975, was an emergency ordinance due to time limitations, a special meeting could be called before the study session on March 18, 1975, for a second reading. RESOLUTION 48, SERIES OF 1975 Councilwoman Pedersen moved to read Resolution #8, Series of 1975, seconded by Councilman De Gregorio. All in favor, motion carried. RESOLUTION #8 (Series of 1975) WHEREAS, the Aspen Foundation for the Arts has announced the presentation of the First Annual Aspen Arts Festival to be held June 13-15, 1975, and WHEREAS, the proposed activities including a juried art show, bus tours of historical sites, Howard Hawks award presentation, and special theater presentation by local talent, are all desirable activities, and the City Council wishes to endorse the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby endorse and support the Aspen Foundation for the Arts First Annual Aspen Arts Festival, and encourage the people of Aspen to participate to the fullest in the same. was read by City Clerk. Councilwoman Markalunas made a motion to adopt Resolution #8, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION #9, SERIES OF 1975 Councilman Behrendt moved to read Resolution #9, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION #9 (Series of 1975) WHEREAS, the City Council did in its Ordinance No. 8, Series of 1975, re-establish the Aspen Mall Commission as a temporary commission, expanding its perogatives, and delegating and redefining the authority of the Commission and the City Council with respect to the development and regulation of the Aspen Pedestrian Malls, and WHEREAS, the adoption of Ordinance No, 8 will require the reappointment of the Mall Commission Membership and the City Council wishes to reinstate all the present members of the Commission who wish to continue in that position, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That, on the effective date of Ordinance 57, Series of 1975, all existing members of the Aspen Mall Commission who wish to continue their affiliation with the Commission shall, by virtue of this Resolution, be and are hereby reappointed for a term of one (1) year from said effective date. 2. In the event there exists any vacancies on the Commission, or one or more members does not wish to be reinstated, the vacancies shall be announced and applications accepted and reviewed by the City Council all as anticipated by said Ordinance No. 8, Series of 1975. read by the City Attorney. Councilwoman Pedersen made a motion to adopt Ordinance #9, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION #10, SERIES OF 1975 Councilwoman Pedersen made a motion to read Ordinance #10, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. RESOLUTION #10 (Series of 1975) WHEREAS, the City Council did, in its Resolution No. 33, Series of 1974, adopt the 1975 budget for the City of Aspen, and WHEREAS, said Resolution No. 33 did further provide: that: "In the event that during the fiscal year of 1975 the City Manager shall certify that there are available for appropriation surplus monies as estimated in the budget, the City Council shall, as its first priority, appropriate $72,755.00 (including $23,708.00 to satisfy donation requests) to the General Fund and $38,000.00 to the Land Acquisition Fund", and u .L aa. aacc �,_aay WHEREAS, the City Council has determined in the light of subsequent events that the above established options may not be most expedient expenditures during 1975, and it wishes to obviate the necessity of giving these programs or funds the priorities imposed by Resolution No. 33. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby repeal the above quoted provisions of Resolution No. 33, Series of 1974, leaving intact and in full force and effect the balance of said Resolution No. 33. was read by the City Attorney. Councilwoman Markalunas asked if this Resolution affected doing away with the rest of the Midland Right of Way money. City Attorney Stuller said that it eliminates the priority. Councilman Behrendt objected to doing away with the rest of the Midland Right of Way money. Councilwoman Pedersen made a motion to adopt Resolution #10, Series of 1975; seconded by Councilman De Gregorio. Councilwoman Markalunas and Councilman Behrendt opposed. Councilwoman Pedersen,.Councilman De Gregorio, Councilman Breasted, and Mayor Standley agreed to pass Resolution #10; motion carried. RESOLUTION #11, SERIES OF 1975 Councilman De Gregorio moved to read Resolution #11, Series of 1975; seconded by Council- woman Pedersen. All in favor, motion carried. RESOLUTION #11. (Series of 1975) WHEREAS, the City Council did in its Reoolution No. 5, Series of 1975, establish with the Pitkin County Commissioners, rules and regulations on the joint maintenance and operation of the Pitkin County Solid Waste Center, and WHEREAS, the County Engineer has reported that there has been an abuse of that provision allowing payment of Five ($5.00) Dollars to those depositing auto bodies at the Center, inasmuch as the provision was designed to eliminate abandonment of vehicles within Pitkin County, and out -of -County towing companies have been using the Center for their own purposes and being paid the rebate, and WHEREAS, this use does not accomplish the purposes of the earlier provision and the City Council wishes to amend the management regulations so as to impose a Five ($5.00) Dollar charge on out -of -County businesses and residents who wish to leave automobiles at the land fill site, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: That it does hereby repeal and re-enact Section 2 of Resolution No.5, Series of 1975, to provide that those depositing auto bodies at the Pitkin County Solid Waste Center shall be paid the amount of Five ($5.00) Dollars for each vehicle so deposited, provided that in the event any such automobile shall be deposited by any person (or his agent) not residing within the Pitkin County or by an agent of any business operation not located in Pitkin County, no such rebate shall be paid, but, instead, a fee of Five ($5.00) Dollars shall be charged for each such vehicle deposited at the Solid Waste Center. was read by City Clerk. Councilman Breasted made a motion to adopt Ordinance #11, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. RESOLUTION #12, SERIES OF 1975 Councilwoman Pedersen moved to read Resolution #12, Series of 1975; seconded by Counc De Gregorio. All in favor, motion carried. RESOLUTION #12 (Series of 1975) WHEREAS, pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500 (hereinafter called "The Act"), the Administrator of the United States Environmental Protection Agency has by regulation published guidelines for the identification of those areas which, as a result of urban -industrial concentrations or other factors, have substantial water quality control problems (40 CFR Part 126); and WHEREAS, Planning and Management Region 12 (hereinafter called "The Area") satisfies the criteria contained in the Act and guidelines and designa- tion of the area pursuant to Section 208 and those guidelines are desirable; and WHEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area must show their intent, through formally adopted resolutions, to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment management system for the area; and WHEREAS, such planning process and waste treatment management system is a necessary and significant measure to control present point and non -point sources of water pollution and to guide and regulate future development and growth in the area which may affect water quality, in order to prevent, abate and solve existing and potential substantial water quality control problems; Res. #11 Solid Waste Center �_J Res. #12 Water Quality Res. #13 COG - Moffatt Tunnell Off-street parking - Stroud case NOW, THEREFCFE, BE IT RESOLVED -BY -THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT the City of Aspen, recognizing that Planning and Management Region 12 has the potential for substantial water quality control problems, supports the designation of P & M Region 12 pursuant to Section 208 and the EPA guidelines. IT IS FURTHER RESOLVED THAT the City of Aspen intends to joins with other affected purpose units of local government within the boundaries of the area to develop and implement a plan which will result in a coordinated waste treatment management system for the area. IT IS FURTHER RESOLVED THAT inasmuch as the Northwest Colorado Council of Governments is a single representative organization with elected officials or their designees from local governments and is capable of developing effective area -wide waste treatment management plans for the Area, the City of Aspen supports the designation of said organization as the planning agency for the Area. IT IS FURTHER RESOLVED THAT all proposals for grants for construction of publicly owned treatment works within the boundaries of the designated area will be consistent with the approved plan and will be made only by the designated management agency or agencies. was read by the City Clerk. Councilwoman Pedersen moved to adopt Resolution #12, Series of 1975; seconded by Council- woman Markalunas.- All in favor, motion carried. RESOLUTION #13, SERIES OF 1975 Councilwoman Pedersen made a motion to read Resolution #13, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. RESOLUTION #13 (Series of 1975) WHEREAS, the Northwest Colorado Council of Governments, comprised of twenty-two (22) municipalities and the Counties of Routt, Jackson, Grand, Summit, Eagle and Pitkin, have reviewed the terms and conditions of the Moffat Tunnel Act and the Moffat Tunnel Lease; and WHEREAS, said Council has expressed its interests in continuing provision for passenger access through said Moffat Tunnel; and WHEREAS, the Moffat Tunnel Commission will consider an extension of the lease for use of the Tunnel for an additional forty-nine (49) years on March 14, 1975; and WHEREAS, the City of Aspen has a substantial interest'in the maintenance of the Tunnel for access by passenger service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City of Aspen having reviewed the objectives of the Northwest Colorado Council of Governments does hereby endorse the concept of the provision for passenger service in the Moffat Tunnel; and FURTHER BE IT RESOLVED that the Northwest Colorado Council of Governments shall exert all due influence to accomplish said provision for passenger service. was read by the City Attorney. Councilwoman Markalunas made a motion to adopt Resolution #13, Series of 1975; seconded by Councilman Breasted. All in favor, motion carried. City Attorney Stuller told Council the Colorado Supreme Court had decided in the Stroud Case, but the judgement was directed only to the Stroud case. The judgement does not make reference to the balance of the parking contracts before and after that time. None of these funds for parking contracts have ever been expended. The City can either refund the money or defend challenges from the lessees. Councilwoman Markalunas moved to refund the money without interest; seconded by Council- man De Gregorio. City Attorney Stuller said this would give the City a chance to approach people with reference to an assessment district. All in favor, motion carried. Councilwoman Pedersen moved to adjourn; seconded by Councilman Behrendt. All in favor, motion adjourned at 8:30 p.m. � �ZA Kathryn S Hauter, City Clerk