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HomeMy WebLinkAboutminutes.council.19750324Regular Meeting Aspen City Council March 24, 1975 Mayor Standley called the regular Council meeting to order at 5:07 p.m. Councilmembers Behrendt, Breasted, De Gregorio, Markalunas, Pedersen, City Manager Mahoney, and City Attorney Stuller were present. MINUTES Councilman De Gregorio moved to approve the minutes of March 10, and the special meeting of March 18, 1975, as submitted; seconded by Councilman Breasted. All in favor, motion carried. CITIZEN PARTICIPATION 1) Don Fleisher, of the 620 Hyman Building, told Council he had the working drawings 620 Hyman Bldg ready. He requested to appear at the next study session to discuss the problem of time with the Council on his re-design pro3ec~. Council decided to se~ a date for the study session later on in the meeting. 2) Hans Gramiger told Council he had an offer to buy 18 European electric trolley buses, Trolley buses and that General Motors had 50 American Trolley buses. These buses can be charged with a battery pack so they can be without wires. There is a good chance they can be pollution free. Hans Gramiger told Council he was opposed ~o fixed rail on one count, he believes in flexibility. COUNCILMEMBER COMMENTS 1) Councilmember Breasted asked if there was any interest on Council's part in re- Post Office considering the post office, as the post office seems inflexible in its position. Councilman De Gregorlo confirmed his interest. Councilman Breasted pointed out the City would have a continuing hassle and a facility may appear in the City for the post office where it is not desirable. City Manager Mahoney told Council he had just gotten word from Don Piper that they were still interested in the land trade. Councilman Breasted said he realized the post office was inflexible but the City had the choice of giving them a facility and getting delivery to the neighborhoods. If the City is interested in reducing the impact of the automobile, it seems this compromise is the way to go. If the City doesn't do this, it will be an act of a public body in contradiction of wanting to reduce the impact of the automobile. Councilman Breasted also said he felt it should be made clear to the public that the City was 'turning down better mail service, not mail service we want, but better mail service. Mayor Standley said th~ post office had to give the City some service whether we let them have land to build a post office on or not. Councilman Breasted moved to put the post office on the agenda; seconded by Councilman De Gregorio. All in favor, Councilman Walls abstained; motion carried. Mayor Standley said this item would be put under City Manager. 2) Councilman Breasted told Council that with the zoning code up for adoption and the Parking provision for off-street parking in the commercial core deleted, he felt the Council facilities should take a very aggressive stand in regard to a parking facility either at the Rio Grande or under Wagner Park. It whould be up to the Council to announce a policy that the City can pursue in the very near future. Mayor Standley said the City had received a tentative proposal from Pizzagalli. Council- maud Breasted suggested scheduling a work session for Monday, March 31, 1975, at 7:00 p.m. to discuss the parking facility and the 620 Hyman Building. Bike path 3) Councilwoman Markalunas asked why the City had not been plowing the bike path to the high school. Mahoney said he would be willing to plow the bike path, but thought it was the County's job. Council directed City Manager Mahoney to plow the path. 4) Councilwoman Markalunas asked why an Esco construction trailer had been parked in the pipe yard. City Manager Mahoney told Council they had been planning to use the trailer to store fertilizer and grass seed. Councilwoman Markalunas remarked that the City should sen a good example by abiding by the zoning regulations rather than stretching them~i The City ought no look at some long range plans for City storage. Minibus 5) Councilman De Gregorlo brought up a complaint he had received about the buses. Even though the City had directed them to stop anywhere for passengers, he had heard the buses were stopping in the middle of the road even when there was room to pull over. 6) Mayor Standley told Council he had two items he would like to add to the agenda; Municipal League's request that the City consider an enjoinment on Mountain Bell's rate increase, and a letter from the auditors. Councilman Behrendt moved to put these two items on the agenda, seconded by Councilman Breasted. All in favor, motion carried. Mall MALL COMMISSION APPOINTMENT Commission Councilwoman Pedersen moved to re-appoint Werner Kuster; seconded by Councilman Walls. appts. All in favor, motion carried. Councilman Behrendt nominated Louis Pintkowski; seconded by Councilwoman Pedersen. Councilman Walls nominated Marvin Jordon; seconded by Councilwoman Markalunas. Councilwoman Pedersen nominated Lou Wille; seconded by Councilman Breasted. Councilman De Gregorio nominated Greg Franta. There was no second. By paper ballot, Lou Wille was elected to serve on the Mall Commission. Light rail MALMO TRIP INSPECTION OF LIGHT RAIL EQUIPMENT equipment Malmo Dwight Shellman was present to explain to Council that the Commissioners felt someone from the County and someone from the City should go to Malmo, Sweden, and take a first hand look at the light rail equipment. Although the County had received good reports about the status of the equipment, the feeling was that we should take a look at it ourselves. The equipment has been available for sometime, and the County should make a decision on whether they are going to purchase this equipment. There Ks also some machine tool equipment and repair equipment available, and this needs to be checked. Shellman told Council in view of Mayor Standley's ambivalence about the program, the County felt it would be an ideal opportunity for Standley to be introduced to this rolling stock on a first hand basis. Shallman stated he was basically asking Council to authorize the expenditure of appropriating City funds for Mayor Standley to accompany the County on this trip. Councilman De Gregorio said he didn't understand what the trip would prove. He said if the cars were in great condition, that still would not change most of the objections. The condition of the cars is not the overriding concern of the light rail proposal. Councilman Walls agreed with Councilman De Gregorio and pointed out that the City had already had people look at the cars. Councilman Walls said he felt it would not be of any great value for Standley and Shellman to go on this trip, and further stated he would be against it. Councilwoman Pedersen opposed this, stating that if twenty million dollars of public funds was to be expended without a duly elected official seeing the equipment and knowing it, this would be a gross irresponsibility on the part of the public officials. Councilwoman Markalunas said she felt it was a little late to look at the Malmo equipment which has already been included in the application to UMTA and has been the County recommendation for the transit system. A trip to Sweden and Switzerland to see how well the train systems run does not seem to be practical or responsible thing for the communityi!s officials to do at this point. Councilwoman Markalunas further stated she felt this should have been done some months ago. Councilman Breasted agreed that this is rather late, but told Council he is very much in favor of the trip. Councilman Breasted said he would not bac~ just going to see the Malmo cars but the trip should expose them to operating systems. Time spent in Switzer- land and up in Scandinavian countries would not only give them the chance to see an operating railroad but a railroad which services a ski area. Commissioner Shellman pointed out to Council his purpose was to go to Malmo and make a contract with them so that the County will have the ability to pick up this equipment or to reject it. Shellman further pointed out that it seemed resonable to look at Swiss and other operating trains if there was time available. Councilman Behrendt asked if we really wanted to build a train. If so, what kind, and what do the good ones run like. Therefore, the trip has some merits as a research trip. If the City is going to proceed with the UMTA application, then we ought to send someone out to inspect the system. ~ Councilwoman Pedersen moved to approve the trip to Malmo; seconded by Councilman Breasted. Councilmembers Behrendt~ Breasted, Pedersen in favor; Councilmembers De Gregorio, Markalunas, Walls against; Mayor Standley abstained. Tie vote, motion died. CENTENNIAL/BICENTENNIAL FUNDING REQUEST Centennial/ Bicentennial Graham Loving spoke for the Centennial/Bicentennial. Loving told Council the total cost for this celebration would be in excess of a quarter of a million dollars. The Cen- funding tennial/Bicentennial Committee could raise some funds from the Federal government. The Committee had received a grant from the county with the right to come back for additional funds. The Committee was present before Council to request funds on certain specific projects which relate to Aspen itself. Mary Martin, chairman of the Centennial Committee, addressed Council stating there were over thirty members on the committee helping to plan the 1976 festival. The Committee has asked the Commissioners for funding. Mary Martin told Council that the Committee had decided to hold a birthday ball on July 3 for this City. The Jerome Hotel has given the entire first floor for this ball. The Hotel will hold 900 people. The Committee was~.king the City for $5,000 for this ball; $3,500 of which will be a downpayment on the band. The other $1,500 is for advance publicity and prizes. The next item the Committee was aksing for funding was $1,000 in prize money for the desig] of a 1976 poster. The Horizons Committee was asking for $500 for seeding the valley with wildflowers. The Committee was asking for $1,500 to be used as a salary for a public relations director. Five hundred dollars ($500.00) was needed to print a children's book on the history of Aspen and $500.00 was needed to print stationery. A total budget of $10,000 was being requested frcmthe City. Chairman Martin was soliciting the City's support and a vote on the budget right now. Councilman Behrendt said he was impressed with the Committee's work but pointed out he didn't think the City should use the taxpayers money to support a ball. Councilman Behrendt mentioned that the Committee could raise money for a ball in this community quickly with ticket sales. Councilwoman Pedersen stated that as far as the ball, the City of Aspen has 1,000 of the finest muslclans in town in July and if the Centennial is to be a community project, then the musicians for the ball ought to~be part of the con~ributio~ from the M.A.A. Council- woman Pedersen said that S3,500 for a band was out of line. Councilwoman Pedersen also objected to the $1,000 prize money to design a poster. If this is a patriotic celebration, the very glory of producing such a poster should be a reward in itself. Councilwoman Pedersen said S500 of taxpayers money for planting wildflowers was something she personally could not support; this ought to be a contribution of the school district and the children themselves. Chairman Mary Martin answered she was pefectly willing to ask the Music Associates if they would provide the band. Mary Martin told Council that the Centennial Committee would not function any longer if they were constantly being put off on financing. Mary Mart~n reminded Council she had come to Council in December, been appointed Chairman of this Committee, and these budget requests were what forty people had worked for two months to come up with. Mary Martin said the Committee had sent the Council their proposals, and if the Council had not liked these proposals, they should have mentioned this to the Committee sooner. Chairman Martin stated she felt it was time the Council said exactly what they wanted. This celebration Ks for the entire valley and only occurs once every one hundred and two hundred years. Mayor Standley asked how much Snowmass was offering to contribute in terms of total fundi Chairman Martin answered that Snowmass would be asked for a considerable amount of money, but the Committee had not reached that point. Councilman Behrendt said if the Bicentennial celebration were not a participatory thing, then it probably wouldn't go over very well. Councilman Behrendt said he had no complaint with funding letterhead and a PR person; but it was the larger sums of money that needed to be examined carefully. Mary Martin told Council the Committee had planned a July 4, 1975, personal, private funding drive and each individual who donates can select a particular project of his choice. Mr. Wright of the Finance Committee told Council the bulk of the money would come from private citizens but ~hat the celebration of 100 and 200 years should be a ~ooperative venture between those who are elected, the government, and the private sectors Councilman Walls moved to approve a budget deferring the amoun~ in regard to $3,500 covering ball until this is checked with the M.A.A.; that we approve the rest of the which amounts to $5,500; seconded by Councilwoman Markalunas. Councilman De Gregorio said he didn't agree with giving a penny to thc ~all. Councilman De Gregorio also asked Finance Director if the City had $5,500 that we couI~ commit. Finance Director Butterbaugh told Council there were adequate unappropriated f~nds. C/BC Mayor Standley reminded Council of the objections they had to appropriating prize money funding for the Aspen Foundation of the Arts juried art show. Therefore, it is just as appropriate not to appropriate money for these prizes. Mayor Standtey would like to see the appropriation reduced so that it reflects taking out the whole $5,000for the ball and the $500 for the prize money. This would put the donation down to $3,500 which is appropriate at this time. A lot of this can be 1976 expenditures which can be put in at budget time. Councilman Breasted said he shared Council's propensity to nitpick this but the Bicentennial of the nation is an important thing which should be celebrated. Councilman Breasted said he felt the Committee needed money to get going and that the City ought to help them. Councilwoman Markalunas said the Bicentennial and Centennial only happened every one hundred and two hundred years as has been pointed out, and the City does owe this group some front end money. The City appointed them; wants them to serve with a Bicentennial that will be a credit to this community. This cannot be done on nickels and dimes. Councilman Walls moved to amend his motion form $5,500, eliminate the $500 prize money and make the donation $5,000;Councilwoman Markalunas seconded the amended motion. Councilman Behrendt asked for a breakdown of the $5,000. Councilman Walls said $1,500 for advance planning of the ball; $1,000 for advertising publishing, etc., $~00 for wildflowers; $1,500 for salaries and s500 for administrative expenses, which comes to $5,000. Councilmembers Walls, Breasted, and Markalunas in favor of the motion; Councilmembers De Gregorio, Pedresen, Behrendt, and Mayor Standley opposed. Motion NOT carried. Councilman Behrendt moved to approve $4,000 for the Committee and leave the disbursement of the funds to wherever they wish to put the weight; seconded by Councilwoman Pedersen. All in favor, motion carried. Ord.ll~197! PUBLIC ~.ARING ORDINANCE 911, SERIES OF 1975, ZONING CODE zoning code public Mayor Standley opened the public hearing. hearing Planner John Stanford gave the Council background on the zoning proposal. Stanford said the population has doubled every ten years since 1950. The economic well~being of the people depends on the success of Aspen as a resort capitalizing on the natural environ- men~ and small town character. The historic character of Aspen has been threatened by high density projects. The ski runs have been encroached upon; open space and scenic views have been threatened also by developments. Excess tourist housing has threatened '~ quality skiing on Aspen mountain and has required expensive public transportation and use ~ of private automobiles resulting in congestion and pollutaon. Stanford traced the history of the procedures gone through for the present zoning proposal. In 1972 the Aspen City Council directed the Planning and Zoning Commission to re~-evaluate the 1966 Code and Map. During 1972 and 1973 the P & Z and Planning Department reviewed the 1966 plan, zoning map and the code and concluded that a complete revision, was necessary~.. ~ In July 1973, Ordinance #19, Series of 1973, was adopted. This was desagned to be a holdln~ ordinance during the revision of the zoning. During 1974 the P & Z and Planning Department reviewed and refined Ordinance ~19 and developed a new zoning code and map. Fall of 1974 the P & Z adoped and recommended to City Council a new zoning code and map. Since that time, the City Council and the Planning Department have reviewed the zoning code, solicited, public input, conducted numerous study sessions and made several adjustments to the zoning code. John Stanford explained three maps; the original planning department map, illustrating planning by existing use which cuts down on the number of non-conforming uses; the P & Z map proposal which was sent to Council; the present proposed zoning code map. John Stanford listed some plan implementation policies. Attempt to locate tourist accommodations near tourist activities and the possible transit line with the intent to reduce the need for automobiles. The Planning Department wanted to limit additional tourist accommodations and short term rentals and the burden on the public transporta- tion facilities. They tried to allow more density near the commercial and tourist centers to protect the low density areas. The Planning Department wanted to limit high density at the entrance to the City to develop a compatibility with open space and a clear division between urban and rural areas. The Planning Department wanted to limit additional developments which generate traffic residential uses south of Bleeker street. They wanted to link Aspen Mountain with the Roaring Fork River with parks, open space and green belt for pedestrians. Stanford pointed out areas of special concern an the zoning code. One is the treatment of Main Street, zoned R-6 in order to maintain the mix of residential and office use. Two, is specially planned areas which is applied to areas with unique characteristics within the City. This will require adoption of a master plan. These areas are (1) the Institute property (2) the property just east of Mill Street across from the Rio Grande (3) the Rio Grande property itself. The Planning Department as recommending another area at the terminus of Hunter Street at the base of Little Nell along with recommending a zoning change from commercial-lodge to commercial core. Three is mandatory PUD where you are required to go through the PUD procedures.. These areas are generally located along the river and along the foot of the mountain ~n order to control development where there are problems with topography. The Planning Office is recommending mandatory PUD for the property just on the other side of ~he Rio Grande property adjacent to the r~ver and mandatory PUD at the corner of Seventh and Hallam where the forest service offices are. There is a provision in the code which states rentals in R-6 and R-15 would be limited 0rd.~1~1975 to two rentals during the year. The intent of this provision was to try to address the zoning code housing problem in Aspen. public The Planning office has tried to minimize the creation of non-conforming uses. Non- hearing conforming uses are allowed in areas where they can co-exist with other uses and cannot expand in size nor create a nuisance. Planner Stanford read into the minutes City downzoning exhibits which are attached. Stanford also entered a number of inventory work maps into the record. City Attorney Stuller listed the changes in the code s~nce it was published. Various fee requirements were changed; contour map requirements were changed; references to mean and high water. There is one new provision on page 15-A to include a new supplemental regulation concerning the transfer of density from residential to adjacent lodges. The parking requirement schedule has been changed in form. A request has been made that the City ~nject into the non-conforming use section a provisIon making it clear that the City does not intent to abate non-conforming uses, that this is not the purpose of the article. All comments submitted in writing at the public hearing will be made permanent record. Rick Burn read a statement from Dr. Robert Gronner dated March 6, 1975. Statement is on file in the office of the City Clerk. W.K. Martin, representing the West Side Improvement District, read a statement dated March 23, 1975, into ~he record. Statement is on file in the Office of the City Clerk. Robin Molny raised some objections. The first was that it was not fair to the public to schedule a hearing of such magnitude on a regular Council agenda of ten items. Molny told Council he felt the R-6 zoning as proposed by the Council was entirely appropriate for east Hyman. Molny said he didn't believe it was incumbent upon the Council to maintai property values, not is the zoning code a popularity con,est. The change of zoning to R/MF in the Hyman Street area would increase traffic congestion. The present R/MF zone in the City ~s the least attractive. R/MF zoning will result in a horrendous tacking-on and remodeling of present structures. James Bradley, owner of the Mesa Store Bakery, read a statement dated March 24, 1975, into the record. This statement is on file in the Office of the City Clerk. King Woodward, representing the Aspen Institute for Humanistic Studies, told Council the Institute was concerned with the limitation on leasing single family dwellings just twice during the year. The Institute feels if leasing of single family dwellings is limited, they may lo~ose some of the people coming to the Institute. When these people come to Aspen, they like to live in a private home. James Moran, representing Paul Saurel and Robert L. Hoguet, Jr., addressed the anti- leasing section of the code. The residential characteristics of the West end is not in jeopardy from having been short-termed. Statement is on file an the Office of the City Clerk. James Moran, representing Charles Baker, addressed the zoning of Block 106, Lots R & S. Statement is on file in the Office of the City Clerk. Kay Reid, representing owners of vacation homes and condominium apartments submitted letters from these home owners. Letters are on file in the Office of the City Clerk. Harry Shaw, spoke for Mrs. Dorothy Shaw. Shaw said the traffic on Highway 82 (Main Stree- had reached almost an unbearable level. Shaw questioned that a Main Street of a town bordering on a highway should be zoned residential. Shaw objected to the Koch lumber compnay site which was proposed zoning as R-15 when everything surrounding it is zoned R/MF. Bill Dunaway spoke as part-owner of some property on Mill Street. This area has been zon~ Service/Commercial Industrial and originally had a f.a.r, of 2:1. Council has recommended reducing the f.a.r, to 1:1 which would prohibit any service type buildings because these type of operations need more floor space. It is very difficult to have a shop type building with a 1:1 f.a.r. Don Piper of the Aspen One Company submitted a statement dated March 24, 1975 for the record. The statement is on file in the Office of the City Clerk. Hans Gramiger told Council the proposed code had more good thingsin it than bad but objected to the proposed zoning of Main Street pointing out that the zoning for the last 18 years on Main Street had not resulted in strip development. Gramiger also mentioned that the proposed R-6 zoning for Main Street does not encourage upgrading of existing houses. Don Wrigley spoke in opposition of the R-6 zoning south of Main Street and in the West end of town. Realistically this area exists as a R/MF. Everything that has been put in ~here recently is heavily lodge, apartment style. In order to maintain the integrity of the West End as a residential area, other areas must be zoned to accommodate housing and lodges. John Shafroth, representing himself and his brother Frank Shafroth as West End property owners, submitted statements dated March 20, 1975, for the record. Statements are on fil in the Office of the City Clerk. 0rd.ll~197~ J. Sterling Baxter told Council he did not feel it was realistic planning to take a street zoning code (Main Street) and make most of the existing uses on that street non-conforming. This public zoning is a severe hardship and is something of a moral question. The downzoning of hearing single-family dwellings along Main Street is not an issue that can be ignored. Dr. Baxter added that there are many areas that have to have off-street parking to conduct a reasonable business operation. Adequeate off-street parking should still be required. Max Eberli, owner of the Gastof Eberli, told the Council his lodge was located in the C-1 district and nothing is said under permitted or conditional uses about a lodge. Eberli further told Council he would like to maintain his lodge but will not be able to remodel or renovate it under the provisions without aggravation or hassles. Eberli was asking Council to include "lodge" in the permitted uses of the C-1 dS.strict. Ed Baker submitted a statement from the Cottonwoods Condominium Association into the record. Statement dated March 24, 1975, is on file in the Office of the City Clerk. Baker also stated he felt the off-street parking requirement of one car per bedroom is unneces- sarily strict. Fred Hibberd pointed out to the Council that in the L-2 district allows multi-family residences, guest facilities but sir~le-family dwellings are not allowed. The provision of the Code seems to be allowing higher density. An addition should be made in the L-2 district which would allow remodeling or construction of single-family dwellings. Noel Seeburg submitted a statement for the record. Statemen~ dated March 21, 1975, is on file in the Office of the City Clerk. Seeburg told the Council that the restrictions on leasing is probably repugnant to the Constitution of the United States. Seeburg also said he felt if the Code is passed the way it was written, the City will probably spend much time defending it. Robert Barnard opposed the removal of the off-street parking requirements in the CC and C-1 district. Barnard told Council he felt they were opening a door which could not be closed; the removal of this provision would result in an immediate build up in these areas,i Mary Martin asked Council how they would propose to monitor the rental restrictions. She also pointed out that providing seven parking spaces on Gillespie for her seven bedrooms would be impossible. Tom Vogenthaler told Council ~hat he had planned to build six units on his property at Sixth and Bleeker. Under the last two zoning codes thi~ could have been done. Now the property Ks zoned R-6. He would like to have the property zoned R/MF and provide five rental units to long-term residents. Harry Shaw told Council he felt that when a governing body makes growth impossible or halts growth, they will stagnate the City. When a City stagnates, it also stagnates the tax base. Zoning is good, but if carried too far it will stagnate the City. Councilman Walls objected to 24-3.7(i) section of the code limitation on leasing. Councilwoman Markalunas read a statement into the record. This statement is on file in the, Office of the City Clerk. Councilman Behrendt noted he found it interesting that all three p~oposals (P & Z, Planning Department, and Council) gave similar ~reatment to Main Street and the amount ii of density in the downtown area. In the election two years ago, the people indicated they did not wish the Council to abide by the mistakes of the past. Councilman Behrendt said the Council should direct their attention to protecting the numerous non-conforming uses in the City. Councilman Behrendt said the limit the r~ght of people to rent their property is probably a wrong thing and would be a disasterous mistake in this community. Councilman Behrendt also questioned setting up these codes and then not enforcing them. Councilman Breasted pointed out that there are several things he felt Council should discuss before the zoning ordinance is adopted. Councilman Breasted said he felt the six rental is unreasonable; he also wanted to take another look at Main Street. Councilman Breasted said he felt Fred Hibberd had a good point about not being able to build a single~ family dwelling. Mayor Standley told Council after the public hearing, Council could continue the meeting, reflect on the input from the public hearing and move to approve the zoning code with amendments that may result from the hearing. John Stanford told Council that the elimination of the off-street parking requirements was to eliminate the automobile in the dowtown area and to maximize the pedestrian space. To have the option to be able to expand the mall as much as possible. Councilwoman Pedersen said this procedure with regard to the maps and text has been going on for about two years and there have been people who managed to come ~o the work sessions of Council and the P & Z and make input in a timely fashion. Councilwoman Pedersen told Council her one problem was with the twice a year rentals. Councilwoman Pedersen pointed out that the language in the communications that Council had received contained some of the rudest and most abusive language she had ever read. Her objections to the leasing provision are (1) it is unenforceable and (2) there has been a tradition in this town for the ability of a tourist to rent a private home. Councilman De Gregorio noted that a difficult part of making a decision like this was that people will take that decision, no matter what it is, as a personal vendetta. Councilman De Gregroio reiterated what he felt was the best point of the meeting, when Dr. Baxter spoke about the moral issue of downzoning homes where people had lived for years. Councilman De Gregorio said he had a lot of empathy for these people. Councilman De Gregorio further stated he didn't agree with everything in the Code, but he wants to do what is best for the town. Councilman De Gregorio remarked he didn't agree with the parking regulation of one space per bedroom; but he felt that the Council had come up with the best alternative for the greatest number of people in the community. Council- man De Gregorio said the Council had been elected two years ago on a slow-growth program, but this was not the type of input Council had gotten this evening. He said he did not feet the majority wanted growth-oriented zonang. Councilman Walls told Council he did not feel that the input this evening was that people wanted a piece of this and that; there had to be some controls. Councilman Walls objected to the piecemeal way he felt the zoning code had been put together. He felt that the Council had taken away the rights of a property owner with regard to what he could do with that property. Councilman Walls registered his objection in regard to the leasing limitation. Mayor Standley closed the public hearing. Council ~djourned for a ten minute recess. VILLAS OF ASPEN - Employee Housing Villas of Aspen Mayor Standley told Council that Pete Van Domelin, the Attorney for the Villas, had offere~ Employee the units free to the City because the units have to be raised if the Villas are going Housin§ to go on with its new project. The units could be converted into one and two bedroom units° Mayor Standley told Council they had discussed with the Forest Service using their 3.6 acres across the street from the Villas. The location of these buildings has become a p~oblem because they cannot be transported across any of the bridges. The Planning office had ascertained that the land the Forest Service had was more than adequate for 10 two-bedroom and 5 three-bedroom units. John Stanford told Council the Planning Office supported the intent of tryang ~o provide additional low cost housing for the City. But the R-6 zone does not allow for multi- family type structures, although the density that is being proposed here is adequate. There are three alternatives to this problem (1) r~ezone the property to multifamily, although the Planning Office feels~this is inappropriate because the area as surrounded by R-6 on all sides; (2) allow straight PUD provision to allow for the clustering of the units (3) Place a mandatory PUD on the Forest Service property. This would allow approximately 15 units to be built. Stanford pointed out there were some details to work out with the Forest Service to provide for their office facility and the two houses presently on the property. Councilwoman Markalunas asked what acreage would be left after the present facilities were taken out. Stanford answered approximately two acres. Councilman Behrendt stated he was for housing of'this kind but he would be willing to buy land to put this housing on. Councilman Behrendt pointed out the Ci.ty makes the private sector stick to the law. When the public wants to do something, the City bends the rules to make it possible. This makes a mockery of the whole zoning process the Council was just involved in. Councilman Walls agreed with Behrendt stating at was ironic to go through a public hearin~ on zoning, and then turn around and say the City was going to violate it. Councilman De Gregorio pointed out the Council was talking of making other amendments and this is an amendment that would benefit the whole City. Councilman Breasted noted he felt the zoning for this piece of property as appropriate as it is. Councilman Walls remarked on letters he had received from adjacent property owners opposed to the move of the Villas. Councilwoman Pedersen reminded Council that they had been bending the proposed zoning code for months. Councilman Behrendt asked if the City was frozen to this particular piece of property and if the City had examined any other property. George Morris of the U.S. Forest Service pointed out there were some problems with the Forest Service. This site is not National Forest land and the Forest Service is going through the same yes and no process as the City. Councilman Breasted said people had come to the public hearing with good cogent reasons for changing parts of the zoning code. Councilman Breasted said he just could not justify changing the zoning for the property in question, to put multi-family dwellings there is not in the spirit of the neighborhood. Councilwoman Markalunas agreed, pointing out that the units do not stack into a single-family area. George Morris told Council that in the future the Forest Service did want to upgrade that area with visitor information facility and also wants to consider housing for employees and possibly a warehouse. The Forest Service would be interested in employee housing for their summer college students. Council asked about the possiblity of using the Rio Grande property. John Stanford told Council that property was critical to the functioning of the downtown and the Planning Office would like to see that property utilized for other than housing. Mountain COLORADO MUNICIPAL LEAGUE - Mountain Bell Rates Bell rates Mayor Standley told Council the Colorado Municpal League wanted the City to take a stand on the Mountain Bell rate increase. If Mountain Bell gets this rate increase their revenues will increase 40.3 million dollars; local toll calls will be 20~ cents, and there will be a 20 cent directory assistance change. Mayor Stanley asked Council if they felt the League should participate on behlaf of the consumer in Mountain Bell's rate increase. There was no objection from Council. The second question was should the League still partiQipate if some other gorup decides to parti~pate in the rate proceedings. Council's answer was yes. Third question was would the City be willing to contribute 2% cents per capita (2,00 x .025) for the proceedings. This would be $52.50; Council agreed. Auditors ALEXANDER GRANT RETAINER LETTER retainer letter Mayor Standley read a disclaimer statement from the auditors. The fee for the auditors is estimated at $8,000 to $10,000 and the travel expenses will be approximately $1200- $1500. This cost will be $6,000 to $8,000 lower than last year due to the fact that Don Rogers has gathered all the information early for the auditors. Councilwoman Pedersen moved to authorize Mayor Standtey to sign the letter; seconded by Councilwoman Markalunas. All in favor, motion carried. Post POST OFFICE Office Councilman Breasted told Council the City had the opportunity to put the Post Office in a reasonable location and to get downtown delivery and small box delivery to the neighborhoods. Councilman Breasted said he didn't think the City should walk away from this proposal. Councilman Breasted moved to reconsider the sale of the land to the Post Office; seconded by Councilman De Gregorio. Councilman Breasted moved to seal to the Post Office if they will deliver to the downtown and will provide boxes either individual or group thereof ~n the neighborhoods and deliver to apartment houses; seconded by Councilman De Gregorlo. Councilman Behrendt said the Post Office had not filled one promise to the City. They know that they can wear the City down in the negotiation process. Councilman B~hrendt felt that the City ought to stick to his position for door to door delivery. Councilwoman Pedersen pointed out that in a recent court case, the court decided in favor of the Post Office in regard to house to house delivery. Councilwoman Pedersen said she would like to terminate these negotiations as we have dragged it on long enough. Councilmembers De Gregorio, Pedersen, Breasted, Mayor Standley in favor; Councilmembers Markalunas, Behrendt opposed; Councilman Walls abstained; motion carried. 0rd.4~1975 ORDINANCE 94, SERIES OF 1975 Supplement Approp. Mayor Stahdley op~ned the public hear~%g. There were no comments. Mayor Standley closed for CETA the public hearing. funds Councilman De Gregorio moved to read Ordinance ~4, Series of 1975, 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 by the City Clerk. Councilwoman Pedersen moved ~o adopt Ordinance #4, Series of 1975, as amended on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Breasted, aye; Pedersen, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. 0rd.10~197 ORDINANCE ~10, SERIES OF 1975 Endangered Species Mayor Standley opened the public hearing. Allen Whitaker, the State game warden, addressed the Cou'ncil and told them that the State has certain rights with endemic animals and that trapping is not an environmental ~ssue but does have emotional connotations. The steel trap has not been the reason for any species going to the extinct list. Eighty per cent of the animals caught are water furs, i.e., muskrat beaver e~c. There is a new, more humane trap being used which catches the animal around the body. Whitaker told Council he would like to see the ecological system protected. If this Ordinance is passed and the source of revenue of selling endangered species ~s cut off, the trapping and killing, will be cut off. Mayor Standle~ closed the public hearing. Councilman Behrendt moved to read Ordinance ~10, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. 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; PRO- SCRIBING 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 City Clerk. Councilwoman Pedersen moved to adopt Ordinance #10, Series of 1975 as amended on second reading; seconded by Councilman De Gregorlo. Roll call vote; Councilmembers Markalunas, aye; Pedersen, aye; Walls, aye; Behrendt, aye; Breasted, aye; De Gregorio, aye; Mayor Standley,'aye. All in favor, motion carried. ORDINANCE #14, SERIES OF 1975 Ord. 14~ 1975 Council Mayor Standley opened the public hearing. There were no comments; Mayor Standley closed Salaries the public hearing. Councilwoman Markalunas moved to read Ordinance ~14, Series of 1975, seconded by Councilman Breasted. All in favor with the exception of Councilmembers Behrendt and De Gregorio. ORDINANCE #14 (Series of 1975) AN ORDINANCE REPEALING ORDINANCE NO. 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, RESPECTIVELY; AND FURTHER PROVIDING THAT THE ADDITIONAL COMPENSATION AUTHORIZED HEREIN 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 914, Series of 1975 on second reading; seconded by Councilwoman Breasted. Councilman De Gregorio asked if any Councilmember who runs in the Spring of 1975 election will qualify for the raise. City Attorney Stuller answered yes. Roll call vote; Councilmembers Markalunas, aye; Pedersen, aye; Walls, nay; Behrendt, nay; Breasted, aye; De Gregorio, nay; Mayor Standley, aye. Motion carried. ~ ORDINANCE #15, SERIES OF 1975 0rd.15~1975 Aspenview Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Annexation the public hearing. Councilwoman Pedersen moved to read Ordinance #15, Series of 1975, seconded by Councilman Behrendt. All in favor, motion carried. 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 second reading; seconded by Councilman De Gregorio. Roll call vote: Councilmembers Pedersen, aye; Walls, aye; Behrendt, aye; Breasted, aye; De Gregorio, aye; Markalunas, aye~ Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~17, SERIES OF 1975 )rd.17~ 1975 City Hall Mayor Standly opened the public hearing. There were no comments. Mayor Standley closed restoration .the public hearing. Councilwoman Markalunas moved to read Ordinance ~17, Series of 1975; seconded by Council- woman 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 by the City Clerk. ~' Councilwoman Pedersen moved to adopt Ordinance #17, Series of 1975, on second reading; seconded by Councilwoman Markalunas. Councilman Walls asked if the money for the City Hall roof was excess funds that were unappropriated and if the City had the money. City Manager Mahoney said yes, that the · City was 1.2 per cent ahead of the projected budget. Councilman Behrendt asked if the City was fixed into this project or could they back out if the revenue projections change. Mahoney answered we could back out. Roll call vote; Councilmembers Walls, aye; Behrendt, aye; Breasted, aye; De Gregorio, aye; Markalunas, aye; Mayor Standley, aye. Councilwoman Pedersen was absent from Council Chamber. Motion carried. 0rd.18~1975 ORDINANCE #18, SERIES OF 1975 Thomas Property & Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed ~idland the public hearing. right-of- Councilman Behrendt moved to read Ordinance #18, Series of 1975; seconded by Councilwoman way Markalunas. 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 CONTINUING MALL MAINTENANCE FOR THE 1975 BUDGET YEAR was read by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #18, Series of 1975 on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; De Gregorlo, aye; Walls, aye; Breasted, aye; Markalunas, aye; Mayor Standley, aye. All in favor, motion carried. Ord.19~197S ORDINANCE #19, SERIES OF 1975 Marolt- Holden Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed ditch the public hearing. Meadow- Councilman Walls moved to read Ordinance #19, Series of 1975; seconded by Councilwoman wood water Pedersen. All in favor, motion carried. lines 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 by City Clerk. Councilwoman Pedersen moved ~o adopt Ordinance #19, Series of 1975 on second reading; seconded by Councilman Walls. Roll call vote; Councilmembers Behrendt, aye; Markalunas, aye; Walls, aye; Breasted, aye; Pedersen, aye; Mayor Standley, aye. All in favor, motion carried. 0rd.20~1975 ORDINANCE #20, SERIES OF 1975 Donations to Aspen Mayor Standley opened the public hearing, i~ Fire Dept. Aspen Hans Gramiger questioned the $750 donation to the Aspen Volunteer Fire Department. Council- Historic~al woman Markalunas said this donation was for the Fire Department's annual dinner. Mayor Society~ Standley closed the public hearing. Aspen Councilman Behrendt moved to read Ordinance ~20, Series of 1975; seconded by Councilman Foundation De Gregorio. All in favor, motion carried. for arts 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 .~ FUND SURPLUSES FOR THE 1975 BUDGET YEAR i! OF THE ARTS FROM UNAPPROPRIATED WATER was read by City Clerk. Councilman Behrendt moved to adopt Ordinance #20, Series of 1975 on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Breasted, aye; Markalunas, aye; Behrendt, aye; De Gregorio, aye; Walls, aye; Mayor Standley, aye. Motion carried. Councilwoman Pedersen came back to the Council Chambers. CITY ATTORNEY 0rd.21~1975 City Attorney Stuller explained that Ordinance #21, Series of 1975, was pursuant to Council~ PIF ear- woman Markalunas request that plant investment fees be earmarked for capital improvements II marked for to the wa~er system and then capital improvements for the City. City Attorney Stuller water further explained she had not addressed the question of exemption of PIF for other imp-sovement governments. City Attorney Stuller told Council that all water users have to meter within a period of time. The wa~er ra~e schedule had changed, but it will not have much effect on the charges overall. This change was just a system for streamling water billing. Jim Markalunas, Head of the Water Department, told Council the gravity charges are basical] the same. There will be a sizeable increase in certain areas of town that are supplied by pumping stations. There will be a 50 per cent surcharge for customer supplied by one pumping station; for customers supplied by two pumping stat. ions, there will be an 80 per cent surcharge. Markalunas explained to Council that the water department had to require metering to customers supplied by pumping station because there is very limited :~storage. Markalunas told Council that the City would be faced with plant expansion in 1978 at least. The PIF rates are set up now so that the City can pretty well fund capital growth off of them. Councilman D~ Gregorio questioned page 7, section 23-57, can the City still transfer funds from the wate~ department. City Attorney Stuller explained this clause was only for plant investment fees, not water revenues, which still can be transferred. Councilwoman Markalunas asked if it would be appropriate for the City to give other governmental entities the in-City rate on their monthly bills, it also might be appropriate to give them the in-City rate on PIFS. Most governmental entites are big users of water and we should have some consideration~for producing the facilities and the water. No one on Council objected to this. Councilwoman Markalunas asked if the City could justify the adjudications of our numerous water rights if th~ City was going to conserve water. City Attorney Stuller told Council the City would not preserve their water rights by wasteful usage. ORDINANCE #21, SERIES OF 1975 0rd.21~1975 PIFs earmarked Councilwoman Pedersen moved to read Ordinance #21, Series of 1975 on first reading as for water amended; seconded by Councilman Behrendt. All in favor, motion carried. improvement ORDINANCE 921 (Series of 1975) AN ORDINANCE REPEALING AND REENACTING CHAPTER 23, ARTICLE III OF THE ASPEN MUNICIPAL CODE CONCERNING WATER SERVICE; PROVIDING FOR THE OPERATION, MAIN- TENANCE AND CONTROL OF WATER FACILITIES; DELEGATING AUTHORITY TO THE SUPERINTENDENT OF THE WATERWORKS; PROVIDING FOR THE APPLICATION AND ISSUANCE OF TAP PERMITS; REVISING THE PIF SCHEDULE; ESTABLISHING NEW WATER RATES; PROVIDING FOR MANDATORY METERING OF ALL USERS WITHIN VARIOUS TIME PERIODS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND READOPTING EXISTING REGULATIONS CONCERNING ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~21, Series of 1975 on first reading; Seconded by Councilman Behrendt. Roll call vote; Councilmembers Walls, aye; Markalunas, aye; Breasted, aye; Pedersen, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #22, SERIES ~OF 1975 )rd.22~1975 S~bdivision Councilwoman Markalunas moved to table this Ordinance. regular%ohs Councilwoman Pedersen suggested to have the first reading. City Attorney explained to Council there was some urgency as the City was losing dedications. City Attorney Stuller pointed out to Council the radical changes in the subdivision regulations. (1) the definition of subdivision has been expaned to include multi-family buildings, apartment houses, and time-sharing in order to conform with the state definition of subdivision. (2) The remedies have been greatly expanded. The usual remedy of subdivision regulation is to impose a fine, this has been increased to injoin such sales. (3) After conceptual presentation to the P & Z, it is required that the project comes immediately to the City Council. (4) The City has imposed subdivision fees which respond to the extent of development. (5) We have incorporated the dedication require- ments that reflect the anticipated use of residential areas. (6) The lots and blocks exemption has been withdrawn from subdivision regulation. Councilwoman Pedersen made a motion to read Ordinance ~22, Series of 1975, seconded by Councilman Breasted. Councilwoman Markalunas and Councilman Walls opposed. Motion carried. ORDINANCE ~22 (Series of 1975) AN ORDINANCE REPEALING AND REENACTING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE REFERRING TO THE SUBDIVISION OF LAND; DEFINING SUBDIVISION AND OTHER TERMS; REQUIRING COMPLIANCE WITH THIS CHAPTER PRIOR TO SUBDIVIDING; PROVIDING REMEDIES FOR NONCOMPLIANCE; DETERMINING SUITABILITY OF LAND FOR SUBDIVISION; PROVIDING FOR A CONCEPTUAL PRESENTATION FOR PROPOSED SUBDIVISIONS BEFORE BOTH THE PLANNING COMMISSION AND CITY COUNCIL; SETTING FORTH THE PROCEDURES FOR PRELIMINARY AND FINAL PLAT APPROVAL; ESTABLISHING DESIGN REQUIREMENTS FOR ALL SUBDIVISION; REQUIRING CERTAIN PUBLIC DEDICATIONS; PROVIDING FOR SUBDIVISION AGREEMENTS; CREATING PROCEDURES FOR EXCEPTIONS AND EXEMPTIONS; AND IMPOSING SUBDIVISION FEES was read by City Clerk. Councilwoman Pedersen made a motion to adopt Ordinance ~22, Series of 1975 on first reading; seconded by Councilman De Gregorio. Bill Bates objected to the last section of the ordinance which deals with exemptions and exceptions. He felt it did not leave room for creative solution to problems. Bill also opposed to page 28 which states that the subdivider shall convey to the City of Aspen the last foot of the street and asked what the purpose of this section was. David Ellis, City Engineer, explained that the purpose was that the street would abut against unplatted lands Technically, the unplatted land does not abut a dedicated street and does not have any access. This gives the City complete control over any future development. Bill Bates pointed out that this was used by unscrupulous developers to land lock someone else. The City should not be entitled to that one foot to prevent access to someone's property. Mayor Standley suggest that Bill Bates and Dave Ellis get together before the public hearin. and give the Council information on this. Roll call vote; Couneilmembers De Gregorio, aye; Markalunas, nay; Pedersen, aye; Walls, nay; Brested, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Res.15,1971 RESOLUTION ~15, SERIES OF 1975 Light rail transit Mayor Standley told Council that Commissioners Shellman and Edwards would like the Council question to adopt this Resolution and put it to a vote. The Council had decided that by taking the to voters question of rail transit to a vote of the people, it will make the City and County govern- ments get the information on the transit system out to the voters. Mayor Standtey pointed out that this Resolution does not commit the City to any amount of money. If the citizens did in fact vote in favor of this, it would mean that the City would have to negotiate to commit some financial aid. Councilman Walls said if we were financially committed to the transit system, there would be no money for expansion of malls, bus system within the City. There would be nothing of the 7th penny left. Councilwoman Markalunas suggested that the last question be re-phrased so it is not a negative question. Number four should read "The City of Aspen shall refuse to endorse the County application'~. Councilwoman Pedersen moved to read Resolution #15, as amended, seconded by Councilman Breasted. All in favor, with the exception of Councilmembers Behrendt and Walls, motion carried. RESOLUTION ~15 (Series of 1975) WHEREAS, the Aspen City Council did at its regular meeting held March 10, 1975, resolve to submit to the electorate the question of the City's partici- pation in the Pitkin County Light Rail Transit proposal, and WHEREAS, the City Council directed the City Attorney to prepare for the March 24, 1975, regular meeting, a resolution directing the submission of the issues at the May 6, 1975, general municpal election and, in addition, prepare for City Council approval, a statement of the proposal to accompany the elect~on issue so as to constitute a source of general information on the light rail transit, and WHEREAS, the ballot question and proposal statement have been found satisfactory and the City Council wishes to formalize its earlier action, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the General Municipal Election to be held in the City of Aspen, Colorado, on Tuesday, the 6th day of May, 1975, there shall be submitted to a vote of the qualified, registered electors of the City, the following question as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election: FORM OF QUESTION "VOTE FOR ONLY ONE OF THE FOLLOWING" 1. The City of Aspen shall endorse the Pitkin County application to the Urban Mass Transportation Authority for federal funding of the Pitkin County Light Rail System, but not commit to help finance the same or otherwise cooperate with the implementation of the light rail system. 2. The City of Aspen shall endorse the Pitkin County application to the Urban Mass Transportation Authority for federal funding of the Pitkin County Light Rail System, and cooperate with the County in implementation of the transit system (including grants of easements and in-kin'd services), but not help finance the project through direct cash outlays. 3. The City of Aspen shall endorse the Pitkin County application to the Urban Mass Transportation Authority for federal funding of the Pitkin County Light Rail System, and cooperate fully with the County in implementing the proposal, including helping to finance the project with cash outlays. 4. The City of ~spen shall refuse to endorse the Pitkin County application to the Urban Mass Transportation Authority, and refuse to help finance and cooperate in the implementation of the transit proposal. Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed question. Section 3 The election on the proposed question will be held at the designated polling places wihin the to be newly established voting precincts between the hours of 7 A.M. and 7 P.M. on Tuesday, May 6, 1975, in the City of Aspen, Colorado. Section 4 The election of the proposed question shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provisions of registration of electors and for voting by absentee ballot on the question of the proposed question shall be in accordance with the Colorado Municpal Election Law. Section 6 The votes at said election shall be registered on voting machines and the ballot label shall read similarly to the form of question provided in Section 1. Section 7 The election on the question of the proposed transit proposal shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and declaration of the result of votes cast at the general election of municipal officers of the City of Aspen. Section 8 The notice of the election on the proposed transit proposal shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place within the City, at least ten (10) days before the election. The City Clerk is hereby charged with ~he duty of giving such notice containing such information as is required by law. Section 9 If any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgement shall not affect, impair or invalidate the remaining provisIons of this Resolution, it being the intent that the various provisions hereof are severable. r~dby City Attorney as amended. Councilwoman Pedersen moved to adopt Resolution ~15, Series of 1975, as amended; seconded by Councilman De Gregorio. Councilwoman Markalunas brought up the phrasing "to vote for one of the following" and noted she thought it might be misleading. Councilman Breasted agreed and said it would be nicer if there were only two questions. Councilman Behrendt asked what happened if there was no majority on any of the questions. City Attorney Stuller explained that ~he Commissioners wanted an endorsement from the City even if there was no cash commitment. City Attorney Stuller mentioned she felt there might be sympathy to grant rights-of-way or in-kind services by the City. Mayor Standley said he felt The resolution ought ~o be distilled down to two questions. Councilman Breasted agreed and said to make it very clear the question should be to support the system and participase financially or not to support the question. Mayor Standley suggested that one of the questions be that the City support the system and then the Council decides the degree of support through the budgeting process. City Attorney Stuller pointed out that UMTA application had already been submitted detailing the system and within the framework of the application, the City is making commitments. Councilman De Gregorio said the motion at the last Council meeting was to support the UMTA application if the voters supported it. Mayor Standley said that's why the ballot question had to be a yes or no question. Councilman Breasted re-worded the Resolution to use either number 2 or 4. Number 2 right up to the parenthesis, second line from the bottom, "this may include direct financing, grants of easements, or in-kind services." and delete the last two lines. We have two questions on the ballot and that gets it to a yes or no vote. Councilwoman Pedersen moved to adopt the Resolution as further amended; seconded by Councilman Breasted. All in favor with the exception of Councilmembers Walls and Markalunas. Councilwoman Pedersen moved to continue the meeting to 7:00 p.m., March 31, 1975; seconded by Councilman De Gregorio. All in favor, motion carried. Kathryn S. ~uter, City Clerk Continued Meeting Aspen City Council March 31~ 1975 City Clerk called the meeting to order at 7:10 p.m. Councilmembers Behrendt, Breasted, Markalunas, Pedersen, Walls, City Manager Mahoney and City Attorney Stuller were present. City Clerk opened the floor to nominations for a chairman for the continued meeting. Councilwoman Markalunas nominated Councilman Walls; seconded by Councilman Breasted. Councilman Behrendt nominated Councilwoman Markalunas; seconded by Councilman Walls. Councilwoman Pedersen nominated Councilman Breasted; seconded by Councilwoman Markalunas. Councilman Walls was elected to chair the meeting. 0rd.ll~197~ ORDINANCE #11, SERIES OF 1975 Zonin§ Code Councilman Behrendt moved to table Ordinance #11, Series of 1975, to the regular Council meeting Monday, April 14, 1975; seconded by Councilman Breasted. Councilwoman Markalunas stated she felt the Council ought to have a discussion on the zoning code Ordinance but not vote until April 14. Councilman Walls pointed out that the public hearing had been closed. Councilman Walls called a question; Roll call vote, Councilman Behrendt, aye; Councilman Breasted, aye; Councilwoman Markalunas, nay; Councilwoman Pedersen, aye; COuncilman Walls, nay. Motion carried. Aspenview ASPENVIEW ANNEXATION Annexation City Attorney Stuller asked Council if they would reconsider Ordinance #15, Series of 1975. The Ordinance had been amended to give a correct survey line. Councilman Breasted moved to consider Aspenview Annexation, Ordinance #15, Series of 1975; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Pedersen, aye; Markalunas, aye; Walls, aye. All in favor, motion carried. Councilman Breasted moved to read Ordinance #15, Series of 1975, as amended; seconded by Councilwoman Markalunas. All in favor, motion carried. 0rd.15,1975 ORDINANCE #15 Aspenview (Series of 1975) Annexation AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY JOHN C. GINN CONTAINING .1126 ACRES MORE OR LESS; AND ANNEXING THE SAME PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read in title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #15, Series of 1975, as amended; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilwoman Markalunas moved to adjourn the continued meeting; seconded by Councilman Behrendt. All in favor, meeting'adjourned at 7:20 p.m. Kathryn SE Hauter, City Clerk