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HomeMy WebLinkAboutminutes.council.19750414 Regular Meeting Aspen City Council April 14, 1975 Mayor Standley called the meeting to order at 5:15 with Councilmembers Behrendt, Breasted, De Gregorio, Markalunas, Pedersen, Walls, City Attorney Stuller and City Manager Mahoney present. Mayor Standley announced that Ordinance #11, Series of 1975, the proposed zoning code would not be read tonight. The Council would meet for a work session on Monday, April 21, 1975 at 5:00 p.m. to go over the zoning code amendments. The study session would also be to work on the Rio Grande propert as part of the land trade with the post office. MINUTES Councilwoman Pedersen moved to approve the minutes as submitted; seconded by Councilman De Gregorio. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Walls moved to approve the March accounts payable; seconded by Councilman Behrendt. Minibus Councilman De Gregorio questioned item 148, tapes for the minibuses. Mayor Standley told tapes Council that tapes were to be part of the bus equipment. Councilwoman Markalunas questione item 63, the bus garage rental. She said she would like to see a copy of the agreement. City Manager Mahoney told Council this was a line item in the budget, that there was no agreement the City has assumed the transportation costs with the County. Councilwoman Markalunas said she would like to see whatever covers the bus garage rent where arrange- ments were made with the County. 1742 Regular Meeting Aspen City Council April 14, 1975 Councilman Behrendt questioned item 210, the refund of parking to the Bergman Coporation. Bergman Corp. Councilman Behrendt stated it was his understanding that the buy out parking was not for parking Bergman Furniture Store but that that land or parking payment was for the drug store. He refund asked to have the building department trace this. Councilwoman Pedersen asked about item 157, hydraulic backhoe. She wondered what this bac} Hydraulic hoe was for. Finance Director Butterbaugh told Council that many of these items were the backhoe last of 1974 bills and that these bills were being paid out of 1974 budget. Councilwoman Pedersen also questioned item 35, a vibrator. Mayor Standley told Council that was a cement vibrator. All in favor, motion carried. CITIZEN PARTICIPATION 1) Richard Sherman addressed the Council on softball in Wagner Park. Sherman told Council Wa§ner Park there was a lot of public support for softball in Aspen, not only as a participation softball sport but as a spectator sport. Sherman said there was no extra input of automobiles in the center of town from softball and that the lodge owners profit from being around Wagner Park. Perhaps the softball league could put up a bond for any potential damage like broken windows. COUNCILMEMBER COMMENTS 1) Councilman De Gregorio stated it was his position that there should be softball in Softball Wagner Park. The fields could be changed around and the nights manipulated to take the Recreation load off the field at Iselin Park. pro§ram~ Wagner Park Parks and Recreation Director Armstrong told Council they had taken men's organized soft- Iselin Park ball off Wagner Park as they were going to build two new parks out at the golf course. They had planned on two softball fields on the southwest ~ corner of the golf course pro- perty, although there were some problems in doing that. There are two fields at Iselin Park, two fields under construction this summer at the golf course and one field at Wagner Park, which could possibly be two fields by changing the back stops. Some of the existing problems if the City does go ahead and build the two fields at the golf course (1) if there are two fields at the golf course, it will be 600 to 800 feet north of highway 82, which will make it approximately 800 yards to go from the pro shop to the driving range (2) we have 22 teams which play a 14 game season, 16 games a week, 192 games of the regular season. This is the capacity of the current ball parks. (3) anticipated traffic off of 82 (4) we definately have to look into the future and softball will expand and we would want to light a softball field. We would not want to light the field that is adjacent to highway 82. Armstrongs proposal is to eliminate the two fields at the golf course; to utilize what lights the City has (lights and poles had previously been purchased for the Rio Grande property) to illuminate Iselin park. If just one-half of Iselin park were illuminated, 75 more games could be played and ten teams could be expanded; completely illuminating Iselin park would double that. This would benefit all ball programs in the City. This would also consolidate all softball and baseball programs in one area, which would cost the City less money because there would be less play fields to take care of. With these lights the tennis courts existing at Iselin Park could be lighted. My cost estimate in 1970 was $60,000. If we do move the' back stop at Wagner Park to provide two baseball diamonds, we would have to provide a practice field for rugby, etc. If we scrap the two fields at the golf course, move the driving range adjacent to highway 82, have an access road from Homestake drive or highway 82 with a parking lot, and then have a practice field. Councilman De Gregorio pointed out when the Council went along witt the budget of $22,000, the idea was to have a practice field for all the other activities. Councilman De Gregorio moved to put this item on the agenda; seconded by Councilman Breasted. All in favor, motion carried. Mahoney told Council this was an issue now because the City is about ready to lay the pipe for the watering system for the playing field. Councilman De Gregorio indicated he felt the City could get the best deal by moving the playing field back to the original proposal. Councilman Walls disagreed because of the amount of traffic that would be funneled into a residential area and the high intensity use that would be generated on that land. Councilman Behrendt reminded Council of the program that was worked out at budget time that included a children's park, moving the playing field, money for a Midland right-of- way. If the Council changes their minds, it will abrogate the deal they made among them- selves. Mayor Standley pointed out this plan would increase cost effectiveness for money spent; Armstrong is saying for the same money the City can get two playing fields and the necessary practice fields. This is the original plan he brought in last fall. Councilman Walls reiterated that property owners in the Homestake Drive area have indicated they are not willing to have traffic running up and down that road. There will be an increased impact on that area by all the people using the playing fields. Council- worn Markalunas suggested looking at Iselin trying to mix playing fields in a residential area and rather than trying to push everything into a limited space. Ted Armstrong told Council an access road could be built off of highway 82, past the driving range to a parking lot for the playing fields rather than using Homestake drive. Mayor Standl~ suggested eliminating the softball fields, leave the driving range right where it is, use the field as a rugby field and do the lights at Iselin Park. Councilman Walls objected to moving the rugby field down as it would put it too close to a residential area and people would use homestake drive as an access and use the cul-de-sac as a parking area. Councilman Behrendt pointed out that area is a fairly quiet residential area, there is a problem with the access. The City doesn't want more roads coming onto highway 82. Softball~ Councilman De Gregorio moved to allow the recreation department to use Wagner Park for Wagner park softball; seconded by Councilman Breasted. All in favor; motion carried. Lights~ Councilman De Gregorio moved to allow the recreation department install light at Iselin Park, if financially feasible, and to scrap the two softball fields at the golf course; Iselin seconded by Councilwoman Pedersen. Field Mayor Standley asked how that motion took care of rugby and lacrosse, etc. Councilman De Gregorio said that would give Armstrong all 5hat extra area to work fields around. We voted $22,000 for a field, and Councilman De Gregorio said he didn't care exactly where the field went as long as there was a field. Mayor Standley pointed out the City could not get both a field and lights at Iselin Park for $22,000. Councilman Behrendt asked that these problems could be worked out between now and the next Council meeting between the City Manager and the Parks Director. Councilman Breasted said that if the Parks Department was going to make a raid on the lights intended for the Rio Grande parking lot, he was not in favor of that because he felt that the Rio Grande had been handled in a lousy way. The lights ought to be used for the Rio Grande property. Councilman Breasted said he felt that Council was doing a P & Z function; that this issue should be handled by the Planning Office and the P & Z and then the Council should have a solid recommendation from P & Z. This should be cleared through the administration and through the appointed boards. Councilwoman Markalunas asked if the lights that had come off Main Street could not be used at the Rio Grande property. Councilwoman Markalunas moved that the whole matter be tabled until the next meeting so that it can be considered by the P & Z and the rest of the administration; seconded by Councilman Breasted. Golf cours. Parks Director Armstrong told Council he had been through every commission before he master presented the plan to Council. The master plan for these fields was voted on by the Council after recommendation from the P & Z; subsequently ~he Council moved the playing field to the other end. Councilman Walls said before the Council voted on the master plan, it was indicated that they could change the field. Councilman Breasted said he was always opposed to alot of the things at the golf course and does not agree with this plan. Breasted said he felt the fields belong closer to town, at least at the east end of the golf course. Councilwoman Pedersen indicated she felt very strongly that there should be no further curb cuts on highway 82; there should be some access worked out but no more curb cuts. Mayor Standley asked the Council what they wanted worked out by the next Council meeting. Councilwoman Pedersen said access; Councilwoman Markalunas wanted the distances to the residential area on the plat, and the road worked out. Mayor Standley appointed Council- members Markalunas, Behrendt, and Pedersen to meet with the staff and work on a final plan. All in favor with the exception of Councilman De Gregorio. Motion carried. City/count~ 2) Councilman Behrendt brought up the County/City health department and the inspections health they are involved in. Their problem is they have no Board of Appeal, according to City department Attorney the Council can appoint themselves as a Board of Appeals. City Manager Mahoney said it would be appropriate and if it is City Business then they need a City review body. Councilman Behrendt moved to put this item on the agenda; seconded by Councilwoman Pedersen~ All in favor, motion carried. Councilman Behrendt moved that the City Council appoint itself as the City health board for purposes of appeals; seconded by Councilwoman Markalunas. Mayor Standley asked if the Council had to establish when the meetings would be or could they be during regular Council meetings. City Attorney Stuller said she would be willing to draft by-laws. Councilman Behrendt made that part of this motion. Ail in favor, motion carried. bike pathe 3) Councilman Behrendt requested that sweepers be sen~ out to clean off the bike paths because gravel can be destructive to bicycle tires. City Manager Mahoney said that was possible, the City can run up to Difficult and up to the high school and to the golf course~ 4) Councilman Behrendt asked about the funded playground for children which was to be Children's equipped. The site being looked at was out near the golf course at Cemetary lane and playground highway 82. The money has been budgeted for this project, what has happened to it. Mayor Stnadley told Council that Parks Director Armstrong had met with the people and the play, round was right on schedule. 5) Councilman Breasted had had a complaint about the buses, that there was no indication bus routes of where the bus routes are. Councilman Breasted said he had continually brought up the signang of the bus routes and the schedules should also be posted or available on the buses, so that people know where and when the buses go. Councilman Breasted, asked what would be done witk the shuttle during the off season. City Manager Mahoney said the Silverking route and the Snowbunny route would run, but the parking shuttle would be dropped. The skier's shuttle had been dropped. The existing schedules would not be implemented by the extra buses. Councilman Breasted asked if the name "The Upper Roaring Fork Stage and Express Company" was the name Council intended for the buses. 6) Councilman Breasted asked if there was any money to buy neck mikes. City Manager Mahoney said there was money available. This item is to be put on the April 28 agenda. 7) Councilman Breasted asked if the landscaping going on at the entrance to town was according to plan. Planner John Stanford said that this was in the planning office recommendation. 8) Councilwoman Markalunas asked about the possiblity of putting the bus schedules in as boxholder items an the post office. City Manager Mahoney said he would investigate that. AUDIT REPORT Audit report 1974 Pete Sullivan presented the 1974 audit to City Council. He told Council that the audit report was issued on April 14 of this year, which is very commendable. The audit report itself is an unqualified opinion; and there as an absence of "except for". The City should be commended for putting the proper emphasis on the accounting function. The reason that the audit is timely this year Ks due to Don Rogers' and Lois Butterbaugh's efforts to have the City's financial statements ready to be examined by the auditors. Pete Sullivan introduced Charlie Hopper, who will be handling the City's audit. Charlie Hopper told the Council he had sat in on the December 31, 1973, audit and review function of the December 31, 1974, audit. Hopper substantiated with Sullivan; as far as the change as the auditors participation had been limited from praor years. This is an indication o~ things to come in future years, as the financial information needed to run the City will be willing to meet with the Council to answer questions, but he felt '~ that Finance Director Butterbaugh could probably answer most questions. City Manager Mahoney submitted his report on the audit to Council. Councilwoman Markalunas affirmed that this was the first time she could remember t~e City getting an unqualified audi5 and City Manager Mahoney, Don Rogers and Lois Butterbaug deserved a vote of thanks. ELECTION JUDGES Councilman Walls moved to approve the list of election judges as submitted by the City Clerk; seconded by Councilwoman Pedersen. All in favor, motion carried. P & Z APPOINTMENT Councilman De Gregorio nominated Danny Abbott for the P & Z; seconded by Councilwoman Pedersen. Councilman Walls nominated Patrick Dobie; seconded by Councilwoman Markalunas. Patrick Dobie was elected to serve on the P & Z commission. CRYSTAL PALACE STOCK TRANSFER ~rystal Palace liauor license Councilwoman Pedersen moved to approve the stock transfer of the Crystal Palace to Mead stock ~ransfer Metcalf and Joan Metaclf as joint tenants of 100 per cent oi the stock; seconded by Councilman Walls. All in favor, motion carried. GREAT GORGE - Application for a 3-way l~quor license ~reat Gor~e liquor license Mayor Standley opened the public hearing. City Clerk told Council the files were in order 3-way that posting and publishing had been done. Alan Gordon, owner of the Great Gorge, told Council it was their feeling as a result of input from patrons and prospective patrons that there are insufficient outlets to satisfy the needs during the height of the season. During the off season, the Great Gorge is one of only half a dozen establishments that remain open. The number of 52 or 40 or ~hatever is not the significant factor. Gordon said he didn't feel the people in the community have sufficient outlets. There are a lot of liquor licenses, but not all of them are in establishments where people would go for a better meal. Alan Gordon told Council the Great Gorge was a full service restaurant with breakfast, lunch and dinner. They are open from 7:00 a.m. to 11:00 p.m. Gordon considered full service restaUrant not only serving three meals but also serving beverages that patrons Grea~ Gorge might require. Mayor Standley asked what the seating capacity of the bar would be; i liguor lic. Gordon answered presently eight and at maximum would be 14. Councilwoman Markalunas questioned Gordon holding three offices of the corporation. City Attorney Stulter said that only three offices were obligatory and only the treasurer and secretary could not be the same. There were no opponents to the issuance of the liquor license. Mayor Stanley closed the public hearing. Councilman Behrendt moved to approve the liquor license for the Great Groge restaurant; seconded by Councilwoman Pedersen. Councilman De Gregorio questioned whether the needs of the neighborhood have not been meet, it is his feeling that they have. Councilwoman Markalunas agreed and said there was no proof tonight to show Council that the needs had not been met and this is one of the obligations of the applicant. Councilman Behrendt pointed out this particular party is not applying for a bar license but a restaurant which wants to serve drinks to its clients. In this sophisticated town, one must serve drinks with dinner in a good restaurant. Councilman Behrendt questioned if the needs of the neighborhood had been met in terms of good dining. Mayor Standley agreed and added that the Council's role was to more or less protect the citizens of the community from questionable operators coming in and to question whether the constraints established by the state are being fulfilled. Mayor Standley said he felt that Gordon had shown that he could run a good restaurant and been conscience and Gordon deserves to compete on the same basis as all the other "good" restaurants in town. City Attorney Stuller pointed out that the needs of a restaurant are not the criteria, it is the needs of the neighborhood. City Attorney Stuller said the Council must start making demands of the applicant to establish that the needs have not been satisfied or the time will come when the Council will want to start denying and will have no basis. A precedent has been set for an open ended policy. Mayor Standley said a work session on the liquor licensing policy and how to establish criteria has been in order for a long time. Councilman Walls said past Council met with the State liquor people in order to set up guidelines. The Council can set up the needs of the neighborhood very easily by having the state liquor people run a survey on these needs. With some fifty-odd outlets in the proximity of the Great Gorge, Councilman Walls said it was ludicrous to think the needs of the neighborhood had not been met. Alan Gordon said it seemed to him that there would never be a definitive answer to what the !'reasonable requirements of the neighborhood" are. Gordon pointed out that sig- natures on a petition could be gotten for any project. Councilman Behrendt asked Gordon if he did in fact have petitions and how many signatures were on these. Gordon answered yes, and in excess of 800 signatures. City Attoreny Stuller said Council can not establish a maximum number of liquor licenses to be issued, that the needs have not been satisfied. This is an affirmative requirement. It is not established by showing lack of protest. Because people's need for a drink can be satisfied off premises, the Great Gorge defeats the argument that the needs of the neighborhood has not been satisfied. City Attoreny Stuller told Council that they must get more stringent in their analysis of liquor license applications. Councilman Behrendt said that due to the Council's inconsistent policy of issuing liquor licenses they had in effect given a monopoly to a certain number of peopl in town. This applicant has proven what they can do with a restaurant and they should be allOwed the right to complete. If the Council wishes to establish a policy it should be done in the future. Councilmembers Behrendt, Breasted, Mayor Standley in favor of the motion; Councilmembers Pedersen, Markalunas, De Gregorio, Walls opposed. Motion NOT carried. 620 HYMAN BUILDING 620 Hyman building City Attorney Stuller told Council that the condition of the grant of Ordinance #25, Series of 1975, were that the applicant comply with all recommendations of the P & Z under Ordinance #19, Series of 1974. This presents some problems because there is a change of use in the basement. Don Fleisher told Council under Ordinance #19, Series of 1974, a restaurant was approved for the basement, his new design has put a theatre in the basement. Mayor Standley asked the relatiVe number of seating difference. Fleisher said he thought a restaurant would have about 150 seats and a theatre 400 seats. Planner John Stanford said a theatre would generate more traffic. Mayor Standley said based on the leeway the Council had given given this project, Fleisher told Council this was not a new theatre but was a trans- fer of the Wheeler Opera House. Stanford told Council that theatres were not allowed in the C-1 zone, nor were restaurants, but the P & Z had approved a restaurant use in the basement. Councilman De Gregorio said he would rather see a restaurant use here. City Attorney Stuller told Council that under this Ordinance #25, Series of 1975, Fleisher was bound to the uses as approved by the P & Z under Ordinance #19, Series of 1974, review. Fleisher brought up that the minutes reflect a restaurant use in the basement and offices on the top two floors. He said that was inaccurate as they were to have retail on the ground level, which in on the sidewalk grade, and office on the top. City Attorney Stuller asked Fleisher if he would put the C-1 uses as they exist in the zoning code now. Fleisher said he wanted the flexibility the desgination "retail" gave him under Ordinance #19, Series of 1974, review. Mayor Standley said that the Council was going to make this building comply with the zoning. City Attorney Stulter reiterated the restaurant is allowed, even though it's not a C-1 use, the offices are allowed, but the retail uses will not be all expansive, they will be limited to the C-1 uses listed in the new code. Councilman De Gregor~o moved ~o read Ordinance $25, Series of 1975; seconded by Council- woman Markalunas. All in favor, motion carried. Councilman De Gregorlo moved ~o adopt Ordinance ~25, Series of 1975, on first reading; secondad by Councilman Behrendt. Roll call vote, Pedersen, nay; Walls, nay; Motion carried. SOLID WASTE CENTER Solid waste cen~er George Och~, County Engineer, presented some changes ot the Council regarding running the changes dump, (1) extending the hours (2) free Sunday (3) consulting with Bishop. Bishop said he would tak~ over the operation for $3,950.00 per month with salvage right or $4,100.00 per month without salvage rights. Mayor Standley indicated he felt a free Sunday was really important as there had been evidence of dry gulching. Mayor Standley mentioned he felt salvage rights should be for anybody who wanted to salvage. The dump should be a resourceful place and it does belong to the people. George Ochs asked Council if they wanted to go to a private contractor and not give the contractor the salvage rights. Councilwoman Markalunas mentioned she would like uo see the dump have a free Saturday, also. Councilman De Gregroio moved to re-negotiate with a private contractor to take over the dump; seconded by Councilman Breasted. All in favor, motion carried. Councilman De Gregorio moved to retain the salvage rights for the people and to have Saturdays and Sundays as free days au the dump; seconded by Councilwoman Markalunas. All in favor, motion carried. CITY MANAGER 1) City Manager Mahoney addressed the Council on the offer from Aspen One to the Mayor to Aspen One trade their property. The offer was made on Friday and discussed at lunch. City Manager property Mahoney suggested scheduling a work session to discuss the proposal. City Attorney Stuller told Council the ownership of the land was under question and there was a lis pendens on our property~ A work session was scheduled for Monday, April 21, 1975 at 5:00 p.m. 2) City Manager Mahoney told Council he had inquired into underground parking. Fritz underground Benedict had written Mahoney, "We would like uo withdraw our name from the feasibility parking - study of underground parking. We do not have the necessary data base to do a proper Pizzagalli study." City Manager Mahoney presented an agreement with Pizzagalli uo do a feasibility study on underground parking. Councilman Behrendt said it was unappropriate to have the person tha~ would benefit most from building such a structure do the feasibility study. Councilman Breasted agreed and said the City should look into engineering firms to assist. City Manager Mahoney told Council this agreement for the feasibility study was for $2,000 for just the first go round. Perhaps when the feasibility study was done, the City would decide to bring somebody else in. Mayor Standley told Mahoney to get a confirmaiton from Pizzagalli that they would do the study for $2,000. Councilman Behrendt said he was worried about the market demand factor. City Manager Mahoney pointed out the City could create that demand. An interest has been generated by merchants in the downtown area that want to have closer access to the automobile. City Manager Mahoney also pointed out that without a feasibility study, the City doesn't know how many cars can be put in the areas considered or how much steel and concrete would be needed. Councilman Behrendt suggested have an in-house study. Councilman De Gregorio said he didn't think an in-house study could be done for $2,000. Councilman De Gregorio moved to accept the proposal from Pizzagalli as outlined, if it truly is $2,000; seconded by Councilwoman Pedersen. Councilman Behrendt said there was nothing in the contract which holds Pizzagalli to producing figures which conform to reality. Councilman Breasted pointed out someone working for his own self-interest would not want to build and operate an underground garage unless they were sure the site selection was right and would satisfy customers. Councilmembers Pedersen, Breasted, De Gregorio, Mayor Standley in favor; Councilmembers Walls, Markalunas, Behrendt opposed, motion carried. 3) GREENS FEES Golf course greens fees Ted Armstrong, Parks and REcreation Director, presented a proposal to Council for increas- ing the greens fees. He did not increase any rates of the season pass, so as not to tax the local people. The new proposed fees are $3.00 for 9 holes and $5.00 for 18 holes and $.25 a round to go back into the construction holding fund. Councilwoman Markalunas moved to approve the greens fees; seconded by Councilwoman Pedersen. All in favor, motion carried. 4) City Manager Mahoney told Council he needed them to offer $5,000 as a reward for the Silver 0ueen return of the Silver Queen. This is a request of the HPC' and the Centennial Committee in reward conjunction with the Centennial celebration. Councilman Behrendt moved to offer $5,000 reward for the return of the Silver Queen to Aspen; seconded by Councilman Breasted. All in favor, motion carried. Water PIFs ORDINANCE 921, SERIES OF 1975 to water Mayor Standley opened the public hearing. City Attorney Stuller pointed out the only improve= change in the Ordinance was that the governmental PIF be reduced to a city-wide PIF when ment the governmental building is outside of the City. Mayor Standley closed the public hearing. Councilman Walls moved to read Ordinance ~21, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #21 (Series of 1975) AN ORDINANCE REPEALING AND REENACTINO CHAPTER 23, ARTICLE III OF THE ASPEN MUNICIPAL CODE CONCERNING WATER SERVICE; PROVIDING FOR THE OPERATION, MAINTENANCE 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 seconded reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers De Gregorio, aye; Markalunas, aye; Pedersen, aye; Breasted, aye; Behrendt, aye; Walls, no vote; Mayor Standley, aye. All in favor except for Councilman Walls, motion carried. ORDINANCE ~22, SERIES OF 1975 Mayor Standley opened the public hearing. 0rd.22~197 City Engineer Dave Ellis had presented a memorandum to Council containing his revisions subdivisio~ for the subdivision regulations. Planner John Stanford told Council his Office had regulations some concern regarding the land dedication requirements and presented a proposal for a 60 day period during which time the Planning Office wants to look at the subdivision land dedication requirements in more depth working with Dave Ellis. After 60 days, if they have not come up with a solid recommendation, the land dedication requirements as in the Ordinance as they stand now would go into effect. City Attoreny Stuller told Council that the only change in policy is one that would exempt existing duplexes and fourplexes that are not yet condominimized. The balance are reductions mn dedications. Planner John Stanford told Council it was his proposal that his recommendations stay in effect for 60 days and if they are not modified, then the originals as proposed by Dave Ellis would come back into effect. City Attorney Stuller explained Dave Ellis' recommendations; his second recommendation was to deal with the problem of mixed uses where there Ks commercial and residential; the dedication will be an accumulation of both of those uses. The first and third proposal are bifurcation of the exemption processes. This would allow Dave Ellis to make the exemption from the design requirements and the P & Z would have the balance of the exemption powers, dedication and review. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~22, Series of 1975, as amended; seconded by Councilman De Gregorio. All in favor, 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 COM~ISSION 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 SUB- DIVISION AGREEMETNS; CREATING PROCEDURES FOR EXCEPTIONS AND EXEMPTIONS; AND IMPOSING SUBDIVISION FEES was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~22, Series of 1975, as amended; seconded by Councilman De Gregorio. Councilwoman Markalunas asked what the rush to pass the subdivision regulations was. City ~. Attorney Stuller said she was concerned about adoption of the subdivision regulations before the building season started because the remedies are much clearer and the definitio . of subdivision is expanded and the procedures are clarified. 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. Councilwoman Markalunas moved to put the Thomas Property on the agenda, seconded by Councilwoman Pedersen. All in favor, motion carried. City Attorney Stuller told Council the exact sale price of the Thomas Property will be Thomas $87,852. All objections to the title policy committment have been eliminated. The City Property has arranged to have a subdivision exemption hearing before the County Commissioners. Only the assignment between the Marolt and Thomas estates remains to occur. City Attorney Stuller was asking for Council's approval to consumate the sale. Councilwoman Markalunas moved to exercise the option to purchase the Thomas property; seconded by Councilwoman Pedersen. All in favor, motion carried. MUSIC ASSOCIATIONS OF ASPEN LEASE M.A.A. lease for Wheeler City Attorney Stuller told Council this lease was an attempt to'state in writing what basement Council's intention was when the three summer lease was granted at the last Council meeting. The City's area of concern in this is to make sure that the premises are available for the general public use during the day and the balance of the year when the lease is not in effect. City Attorney Stuller granted Mick Mahoney the authority to review the plans and he will make sure that the premises are closed off so that the balanc( of the area may be used by the public at other times. Councilwoman Pedersen moved to approve the M.A.A. lease; seconded by Councilman Walls. All in favor, motion carried. ORDINANCE %23, SERIES OF 1975 0rd.23,1975 impound lot City Attorney Stuller explained that this was merely a continuation of the present lease arrangement with Harald Pabst. The fee is $125 per month. The only change is that the City may have to vacate in 30 days if the existing option to purchase is exercised. Councilman Walls made a motion to read Ordinance ~23, Series of 1975, seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE =23 (Series of 1975) AN ORDINANCE RATIFYING A LEASE BETWEEN THE CITY OF ASPEN AND HARALD PABST FOR THE LEASING OF A CERTAIN TRACT OF LANT FOR THE PURPOSE OF ESTABLISHING A MUNICIPAL IMPOUND LOT; REQUIRING THE PAYMENT OF $125.00 PER MONTH FOR SUCH LEASEHOLD; AND PROVIDING FOR A LEASE TURN OF THREE (3) YEARS SUBJECT TO EARLIER TERMINATION IN THE EVENT OF THE SALE OF THE PREMISES was read by the City Clerk. Councilman Walls made a motion to adopt Ordinance #23, Series of 1975; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; Markalunas, aye; Breasted, aye; De Gregorlo, aye; Mayor Standley, aye. All in favot, motion carried. ORDINANCE ~24, SERIES OF 1975 0rd.24,1975 Supplemental Councilman Walls made a motion to read Ordinance #24, Series of 1975; seconded by Appropriation Councilwoman Pedersen. to C/BC ORDINANCE =24 (Series of 1975) AN ORDINANCE TRANSFERRING $4,000.00 OF SURPLUS WATER REVENUES TO T}iE GENERAL FUND AND FURTHER APPROPRIATING SAID AMOUNT TO THE CENTENNIAL/ BICENTENNIAL COMMISSION; AND RESTRICTING THE USE OF SAID FUNDS was read by the City Clerk. Councilman Walls moved to approve Ordinance ~24, Series of 1975, on forst reading; seconded by Councilwoman Pedersen. Councilman De Gregorlo wanted the Ordinance to specify that the $4,000 given to the Centennial/Bicentennial Commission was non to be used for a band for the Centennial/ Bicentennial ball. This objection was no~ spelled out in the Ordinance. Council decided to read the Ordinance and then amend it for second reading. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Walls, aye; Pedersen, aye; Markalunas, aye; De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE %27, SERIES OF 1975 City Attorney Stuller told Council that the agreement had been left out of the packet and Council had not had a chance to read it. Councilwoman Pedersen Moved to table Ordinance %27, Series of 1975; seconded by Councilmar De Gregorlo. All in favor, motion carried. ORDINANCE #28, SERIES OF 1975 rd.28,1975 City Attoreny Stutler told Council that this Ordinance reflected the recent bidding for Towing the towing contract. This was the lowest and most responsible bidder and that this contrac~ ~_~ contract is a complete indemnification of the City against any loss suffered as a result of the towing activity whether insurable or not. ~ .... ~ ~prl± ±4, ±9/5 Councilman Walls made a motion to read Ordinance #28, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #28 (Series of 1975) AN ORDINANCE AUTHORIZING THE ENTRY INTO AN AGREEMENT BETWEEN THE CITY OF ASPEN WITH THE AIRPORT AUTO CENTER FOR THE PROVISION OF TOWING SERVICES; REQUIRING TWENTY-FOUR (24) HOUR OF SERVICE BEGINNING APRIL 14, 1975, REQUIRING ITEMIZATION OF BILLING; PRESCRIBING CHARGES TO BE ASSESSED; REQUIRING INDEMNIFICATION OF THE CITY AGAINST CLAIMS FOR LOSSES INCURRED AS A RESULT OF THE SERVICES RENDERED was read by the City Clerk. Councilman Breasted moved to adopted Ordinance 928, Series of 1975, on first reading; seconded by Councilwoman Markalunas. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; Markalunas, aye; Pedersen, aye; De Gregorio, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. Res.16~19? RESOLUTION #16, SERIES OF 1975 Joint resolution City Attorney Stuller explained to Council that this was ajoint resolution prepared for with Mall the City Council and the Mall Commission. This resolution is for applicants who make commission an application for restaurant extensions into the mall should be appraised the basic criteria that are going to be applied to all. Don Fleisher and Greg Cole will explain on to Council the Restaurant Policy. restaurant extension Fleisher asked Council if they had any questions about the handout which was given to them policy on the Restaurant Policy. Mayor Standley questioned what was meant on the handout which stated that an applicant must of one table setting deep and extending no% more than 72" from the exterior wall from the restaurant. Fleisher explained to Mayor Standley by giving an example of Incredible Edikles lease which the Council granted a special 25' from the wall. One table, which would be a minimum would be about 72" or 6' as compared to 25' which was granted. De Gregorio mentioned that he felt that Restaurant Policy was too overplanned and too sterotype and felt that the people should have more flexibility. If the restaurants want to put the tables up against the buildings that should be O.K. just as long as they don't extend past the boundaries and so that throughout the mall there would be a differen~ type of atmosphere from each restaurant. Fleisher asked Council to consider the present Resolution due to the fact that as of yet the Mall Commission doesn't have a permanent plan. Mayor Standley mentioned that he didn't like the present Resolution at all and was against Ii restricting it only to sidewalks, and felt that it would look like a bunch of pinched-in- little-restaurants that will look like they're trying to keep from falling off the curb, and the fact that liquor may not be accepted out in the malls. He was not interested or enthused with the Resolution. Mayor Standley believes that the outdoor restaurant experience is an important element in the mall and that a certain amount of tables are needed to create an atmosphere of a going restaurant other than just a table sitting out on a curb. Mayor Standley suggested that a work session should be scheduled between the Council and the Mall Commission to discuss Resolution #16, Series of 1975. The work session was scheduled for 7:00, Wednesday, April 23. Mayor Standley made a motion to Table Resolution #16, Series of 1975; seconded by Councilman De Gregorio. All in favor, Councilman Walls opposed. Motion carried. RESOLUTION #17, SERIES OF 1975 Mayor Standley asked City Manager Mahoney if he wanted to Table Resolution ~17, Series of 1975 or drop the whole Resolution. City Manager Mahoney asked for it to be Tabled. Councilwoman Markalunas made a motion to Table Resoloution #17, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. City Manager Mahoney introduced Mr. Jim Van Netter of Colorado Springs Post Office. Post City Attorney Stuller suggested to Van Netter to explain to Councilmembers what schedule Office - has been established for implementing home delivery in the City of Aspen. home delivery Van Netter introduced to Council Bill Smith who is the post master in Craig, Colorado, and who institu~d the delivery service in Craig and will be in Aspen for several days determin- ing the lining travel the type of delivery that would be compatible with the neighborhoods. Van Netter told Council that he and Smith had looked over Cemetary Lane, Snowbunny area, · and the commercial area, who will have home delivery that being from Original and Monarch, and from Durant to Main Street. Van Netter felt that dclivery service would be ready by June 1, 1975. Breasted ased if in the Snowbunny area if the post office will provide curbline delivery in addition to group box delivery. Van Netter said that it looks like it will be feasible to have curbline delivery. Mayor Standley asked Van Netter if it was possible to have both curbline and group box delivery in the same area. Van Netter mentioned that he had heard that the people in the Snowbunny area all wanted curbline delivery. Mayor Standley questioned as to how that could be possible since they had not yet been queried and asked Van Netter how they were going to let the people know. Van Netter told Council that it would be more feasible to have curbline delivery with one - box in front of each persons home in the whole area and that people will have to provide their own boxes. Mayor Standley asked Van Netter to submit his recommendations to the Council so that they ~-~ can let other people know what is going on. City Attoreny mentioned that home delivery will be totally elected; that the people can still maintain their post office boxes. ORDINANCE ~26, SERIES OF 1975 0rd.26~1975 Saab lease - Officer Rex McGuire of the Aspen Police Department explained to Council why the Police Police vehicles Department chose the Saab vehicles. Councilman De Gregorio made a motion to read Ordinance ~26, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~26 (Series of 1955) AN ORDINANCE RATIFYING A LEASE BETWEEN THE CITY CITY OF ASPEN, COLORADO AND PANSING PONTIAC POR THE USE OF FOUR (4) SAAB VEHICLES BY THE ASPEN POLICE DEPARTMENT; PROVIDING FOR THE PAYMENT OF A RENTAL OF SIXTY-FIVE ($65.00) DOLLARS PER MONTH PER VEHICLE; AND FURTHER PROVIDING FOR A RENTAL PERIOD OF ONE (1) YEAR Was read by the City Clerk. Councilman De Gregorio made a motion to adopt Ordinance 926, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Markalunas, aye; Breasted, aye; Walls, aye; Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. RESOLUTION ~18, SERIES OF 1975 Res.18,1975 City Attoreny explained to Council that Resolution 918, Series of 1975, established a Number Two joint venture with Number Two Main Corporation and the Plum Tree Inn; if they supply Main Corp. us with construction funding we will pay out of the net revenues of the tennis court Tennis facility to try and pay that loan within a designated period of time after which the Court personal property will revert to the City of Aspen. Agreement City Manager Maboney felt that the tennis courts should be on the northeast end of the Plum Tree Inn. Pat Hubner, representing the Plum Tree Inn, mentioned that since there will be a golf pro shop that from the shop they will be able to control from one place the use of the tennis courts, the use of hole number one and number nine. He mentioned to Council that the Plum Tree is in the preliminary plans of improving the west side of their building and improving the access from highway 82 which would narrow the parking place and extend it somewhat behind the tennis courzs and maybe behind the Plum Tree if there would be room for it. He felt that the City couldn't have control of the courts down at that end of the building. Hubner told Council that the Plum Tree would not be interested in having the courts relocated. Mayor Standley felt that since the baseball fields, golf, and five tennis courts were going to be in one area that that would present a terrible traffic congestion. Councilwoman Markalunas made a motion to read Resolution #18, Series of 1975; seconded by Councilman Walls. All in favor, motion carried. RESOLUTION ~18 (Series of 1975) WHEREAS, The City Council of the City of Aspen wishes to enter into a cooperative agreement with the Number Two Main Corporation for the construction of five (5) tennis courts and to enter into a cooperative contract for their funding and operation, and WHEREAS, the Aspen Home Rule Charter, Section 13.5, requires approval of the same by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby approve of and agree to enter into the cooperative contract attached hereto and incorporated by this reference, and authorize the execution of the same by the mayor at his earliest convenience. read by the City Clerk. City Attorney asked if the northeast is where they wanted the location, and the term will be for four years and if not paid off from proceeds within four years they absorb the loss. ~.~ Councilman Walls made a motion to adopn Resolution ~18, Series of 1975 seconded by Councilman De Gregorio. All in favor, motion carried. Mayor Standley made a motion to adopt the Master Plan, seconded by Councilman De Gregormo; All in Favor; Councilmembers Marklaunas, Walls, De Gregorio, Behrendt; Breasted and Pedersen, opposed. 1751 Regular Meeting Aspen City Council April 14, 1975 Councilwoman Pedersen moved to adjourn; seconded by Councilman Walls. Ail in favor, motion adjourned at 9:15 p.m. Ka~h~y~ S.~Had~er, C~ty Clerk Regular Meetinq