Loading...
HomeMy WebLinkAboutminutes.council.19750428 Regular Meeting Aspen City Council April 28, 1975 The April 28, 1975, regular Council meeting was called to order at 5:09 p.m. by Mayor Standley. Councilmembers Behrendt, Breasted, De Gregorio, Markalunas, Pedersen, Walls, City Manager Mahoney and City Attorney Stuller were present. MINUTES The minutes from the last regular Council meeting were not submitted. CITIZEN PARTICIPATION 1) Hans Gramiger asked Council if there would be a discussion of Ordinance ~11, Series of 1975, before it was voted on. Mayor Standley said the only discussion Council would entertain was in regard to the Main Street modifications. Zoning Cod~ 2) Bruce Kistler addressed Council on the definition of bedroom unlimited. Kistler told br/ul Council that the problems of people playing the "door game" should be reached directly rather than through a zoning ordinance. Kistler said he felt that the m/f use of bedroom unlimited having no particular guidelines was unconstitutional. The definition of bedroom unlimited had been changed from "and two bathrooms" to "or two bathrooms" The difference between "and" and "or" is very significant; it means that any unit with more than one bathroom as a br/ul (bedroom unlimited). COUNCILMEMBER COMMENTS City-wide 1) Councilmember Breasted said at the study session with the Mall Commission last week, restaurant the idea came up of extended restaurants throughout the City allowing them to extend to extensions the sidewalk or roadway immediately in front of their premises. Councilman Breasted said he thought this was a good idea; Mayor Standley told him ~his would be considered later on the agenda. City's 2) Councilwoman Pedersen brought up the allegations made in the paper about the City's financial financial situation. Councilwoman Pedersen said that everything is a matter of paper status record within the City. The City's bonded indebtedness is 9.289 million dollars, not 13.6 million dollars. The other p6int Councilwoman Pedersen wanted to clarify but could have been a typographical error was that the City had owned the Truemen property 2 not 5 years. 3) Mayor Standley had the same objectIons and had held a press conference earlier in the day dealing with specific elements of his objections. ORDINANCE ~29, SERIES OF 1975 Ord. 29 City Manager Mahoney told Council that Bud Smith, Street Superintendent, had asked for Street $70,000 for street maintenance, which compares with $130,000 spent last year for street Improvemen~ repairs. Fifty-eight thousand dollars ($58,000) is needed for paving, $39,000 for seal and chip and $10,000 on peniprlme. In 1975, the City decided that the paving could be put off but if it is put off it won't get any better. Since the City does have an additional $40,000 which was not anticipated in revenues, City Manager Mahoney has asked for $35,000 out of that money to be applied to paving. Smith has also requested $35,000 based on ~he fact that he would prefer not putting off sealing and chipping and penipriming another year. This money would have to be transferred from unappropriated funds. Councilman Behrendt asked Mahoney if he were supporting this request. Mahoney said yes. Finance D~ector Butterbaugh told Council the City does have some liquidity but we would be cutting into the surplus that we have been fighting hard to maintain. Councilwoman Markalunas said the money was coming in jus~ about as was projected. She noted she was concerned from the standpoint that those months of sales tax revenues were good months of the year and we are looking toward the lean months. City Manager Mahoney answered the City had taken into account the lean months when estimating revenues, but that the fat months were fatter than anticipated. Mayor Standley noted that the City was running about on budget right now. Economist Larry Simmons told Council that the reason we were doing well right now is that the City used cash flow accounting. If the City has bad debts nex~ year, we will be in the hole for next year. Butterbaugh told Council City Manager Mahoney was right; the City is $40,000 above in our share of the county sales tax. The other 2 per cent sales tax is right on target. Right now there is a surplus, if we spend the $40,000 it will take it down to $2,900 which will make a severe crimp in the surplus. If the City continues to do this, we may have cash flow problems later. Work on the streets is needed; their budget is under what it should have been. Butterbaugh pointed out the City needed to take a look at other things; the Twin Lakes water rights is over budget; there will be $6,~00 from added Council salaries. The revenues, towing, etc., are 25 per cent of what was anticipated. Construction permits are running between 25 and 35 per cent of actual pro3ects. If these things don'tpi~kup.the City could loose as much as $100,000 in these small revenue sources. Councilwoman Markalunas asked Bud Smith what the latest was he could know about these appropriations. Smith said as soon as possible so that they could let the contractors know. Councilman Walls asked City Manager Mahoney what option he would classify as the most important in regards to priority. City Manager Mahoney answered streets, the other options are not too important. Councilman Behrendt said it was the first time that the Council has gone into what is really happening with ~he money. Councilman Behrendt pointed out during budget sessions last fall the street department budget had really been cut. Bud Smith said if the work on the streets wasn't done this fall, the City streets would be facing the same situation as Main Street. Councilwoman Markalunas questioned a $40,000 surplus and a $60,000 requess. City Manager Mahoney explained that $35,000 would be taken from the surplus and the rest of the money would come from unappropriated funds transferred from the water department. Smith said he would not actually need the money until August or September but that the contractor had to know by June so he could plan. Mayor Standley suggested that every department ~hat has a request for the budget get together with Council in a work session. Councilwoman Pedersen said there were some important things to consider; this $40,000 surplus amounted just the lack of revenues in the Police Department; every department has things in the option column; April, May, June will be very low in sales tax revenues; $40,000 is an uncomfortable margin; it also is uncomfortable ~o put this much money into one project without looking at other pending projects. Councilwoman Markalunas moved to have a study session to consider the top three requests from each department head; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman Behrendt, motion carried. The study session was set for Wednesday, May 7, a~ 7:00 p.m. IDCA SPECIAL EVENT PERMIT Special Event Permit Councilman Behrendt moved to grant the special permit for June 15, 16 and June 18 and 20; IDCA seconded by Councilman Walls. Councilman De Gregorlo asked where. Mayor Standley said it was to be in a tent south of the present music tent. All in favor, motion carried. NECK MICROPRONES Neck Councilman Behrendt moved ~o table this consideration and let the new Council decide if Microphones they wanted neck microphones; seconded by Councilwoman Markalunas. Councilmembers Walls, Behrendt, Markalunas, Mayor Standley in favor, Councilmembers Breasted, De Gregorio and Pedersen opposed, motion carried. ASPEN PAVILION FOR THE ARTS Aspen Pavilion for This proposal was presented by Sally Kahn, Larry Windes, and Deanna Brinkman. A letter the Arts had been included in the agenda packet, presentation Sally Kahn told Council they were going to build a temporary performing pavilion for the arts this summer as an experiment to see how it would go and put all the proceeds toward a permanent performing arts center. They are going to be a non-profit organization. Their purpose is to bring theatre to Aspen and give groups a place to perform at a reasonable price. The proposed building site is behind the Mill Street Station on Hopkins Street. Larry Windes designed the tent which will hold 680 people. Sally Kahn ~old Council this project would work in conjunction with the Centennial celebration. They are asking for endorsement from the Council so that they could go ~o the state Centennial committee and get their endorsement. Councilman Behrendt asked if they had talked to them but needed Council endorsement 5o get the state Centennial committee endorsement. Sally Kahn also told the Council that they were not making any money on this project. Councilman Behrendt moved to endorse the Aspen Pavilion for the Arts; seconded by Councilman De Gregorio. Councilwoman Pedersen asked if they had gone to the P & Z or the HPC with this project. Councilwoman Pedersen also asked if they had talked to the Aspen Foundation for the Arts. Sally Kahn said they had talked to the Aspen Foundation for.the Arts but wanted Council's endorsement before they went to P & Z and the HPC. Councilwoman Pedersen pointed out the City owned a performing arts center in the Wheeler Opera House. She said this project should go before the proper committees and commissions within the City and then come to Council with their recommendations. Councilwoman Markalunas asked how a tent could conform with ~he conditions in the downtown area. Larry Windes said there was a temporary structure procedure with the building inspector. Mayor Standley said the temporary building permits were only used for adjacent building during construction. Councilman Behrendt pointed out the idea of his motion was only to endorse the project and the idea was not to undermine the various commissions but to endorse the concept only. Councilman Behrendt said a demand for something like this was awesome; that these people are only asking for an endorsement of their idea. Councilman Behrendt said he would add to the motion that they continue on through the various committees. Councilman Walls concurred saying they should have clearance from the various boards for this project~ Sally Kahn asked if a building permit was needed for a temporary structure. City Attorney Stuller said yes. Sally Kahn told Council she felt there was a terrible sense of inertia in town and the more mazes the Council set up for the public to go through, the less likely it was that any projects would be done. City Attorney Stuller said they only had to work with the Historic Preservation Commission and go through the Building Department and follow the building code. City Attorney Stuller pointed out the apprehension is that when boards review something that the Council has already seen, there is pressure to make concessions to do what the Council wants. Sally Kahn reiterated that they just wanted Council's endorsement. City Attoreny Stuller said that they should go back to the commission and make it clear that the endorsement is only for the concept a~d not use the endorsement as a leverage. Councilman De Gregorio said he thought this project was a good effort and the Council should endorse the concept. Councilman Behrendt moved that Council endorse the basic concept which is to have a center for the arts during this coming summer pursuant to the reasonable parties having a review process; seconded by Councilman De Gregorio. Larry Windes told Council the building conforms with the new zoning code; that they are not asking for anything different from the zoning code. Mayor Standley said he agreed with Councilmembers Breasted and Behrendt. Anything that promulgates new ideas, the Council should approve of. At this point, nothing but films can be shown in the Wheeler. Mayor Standley also pointed out that based on the work session with the Mall Commission, the play activity element of the mall is being eliminated. A performing center such &s this adjacent to~e mall for the summer would be a good experiment. City Attorney Stuller noted a 15 day public notice requirement before the HPC. Deanna Brinkman said there was a sense of urgency with this pro~ect. The ATI is leaving town because there is no place to perform and this project can't wait three weeks. Mayor Standley said there was no way to shorten the public notice requirement. The 15 days public notice allows public input and also allows the building inspector to respond to the application. All in favor of the motion with the exception of Councilmembers Walls and Pedersen, motion carried. Requ~s~ for BERGMAN BUILDING - REQUEST FOR ENCROACHMENT Encroachment Bergman Russ Pielstick told Council that during this project they had managed to knock out the Building survey pins and when they had the building re-surveyed the pins on the north boundary were to be within the property line of the city. The largest encroachment is .78 feet, 9½ inche The encroachment is all subterranean. There is a provision in the code, 4503, which allows construction under the sidewalk; however, one must be above to move that constructio Pielstick was asking the Council to allow encroachment into the City property with no specific objections indicated. Councilman De Gregorio moved to allow the Bergman building to go ahead with their encroachment; seconded by Councilwoman Markalunas. Councilwoman Pedersen pointed out this encroachment would have the usual three-way conditions. All in favor, motion carried. Capital CAPITAL IMPROVEMENT Improvement Request for City Attorney Stuller told Council this was an appeal from a denial from the County Extension Commissioners and the County P & Z for approval of extension of water service to a project of Water at the base of Buttermilk. City Attoreny Stuller had submitted a legal memorandum with Service four addenda into its record as well as a planning office memorandum incorporating its ~ecommend~tions. City Attorney Stuller also told Council the municipality which controls water service can take into consideration what impact improvements will have on the planning considerations of a county. The county has disapproved this project based on their planning for the base of Buttermilk. Tony Mazza, attorney for Capital Improvements told Council he did present the necessary evidence at the County level. He said he would limit this to a short presentation as long as he had that qualified. City Attorney Stuller said she could not waive any statutory requirements, that he must make a record before the Council. City Attorney Stuller told Mazza to preserve as many rights as possible before the Council. Tony Mazza gave a history of the pr:oject to Council. His client purchased approximately 23½ acres from Friedl Pfeifer about three years ago. The land was then zoned hotel use. After purchase of the property, they submitted plans for a hotel. They were denied a building permit application on three grounds (1) building code (2) existing zoning did not permit hotel use; the zoning was changed in the interim (3) hotel facility was to have leased spaces; by virtue of that they are a subdivision and therefore had to comply with county and state subdivision regulations. They then appealed the denial of a building permit from Hal Clark to the County P & Z. The County P & Z overruled two reasons for denial. The only reason left standing is the fact that the hotel had lease-type of spaces and is a subdivision and had to be subdivided. Capital Improvement then filed a law suit on that basis for denial. Nick McGrath raised the issue that the hotel did not have adequate water. The county building regulations provide for proof of adequate water. The City provides in its code that there is no water tap permit unless a building permit is issued. Tom Oken of the Finance Department stated that they can't have a water tap until a building permit is issued; the County said you can't have a building permit until you have water. Mazza told the Council that there was a 24 inch main transmission line in his client's property. Mazza asked if this was an extension of water. Hal Clark (then County building inspector) said Capital Improvements needed a determination. In essence, Capital Improvement is asking for a 4 inch line whick comes 90 degrees to the 24 inch main only to service hotel facilities. There is no definitiion in the code for a tap or for an extension. Councilman Behrendt questioned if they would need a second line for extinguish- ing system. Mazza asked if this were a tap or an extension. There is no specific definition in the code, a reasonable definition would apply. An extension of an utility means the utility going to somebody; a tap seems to be the users going to the line. Mazza said it seemed that this wasn't clear. Dave Ellis, City Engineer, made a determination this use was an extension as opposed to a tap. A large part of this is basedcn the proposed water main policy, which hasn't been formally adopted by the City Council. Mazza further told the Council that City Attorney Stuller wrote to him and said that once Capital the decision was made, that it was a tap, Mazza had to go to the water department, pay a Improvement fee, get a contract and go ahead. Capital Improvements was willing to do this at any Request for time; however, if it is an extension, which Dave Ellis decided, Mazza had to go to the Extension of Councy P & Z. Mazza told Council he went to the County P & Z still contesting their Water Servic jurisdiction. Mazza does not admit at all that it is an extension. The County P & Z did not rule on that issue. They denied the extension because of (1) the Aspen area general plan as revised shows the area that Capital Improvements owns is in a minimum building area. There is to be no building within 1/4 mile of Buttermilk (2) the area is presently zoned AF-2 with pud (3) the airport noise study, the Isbel study said the hotel was in a decibel level not permitted by the study (4) access to the property was objected to; there was not a road built to county specifications, yet the road services the ski coporation. Mazza told Council because he had not exhausted his administrative remedies, he appealed to the county commissioners. By the time, which was a month later, when they got to the county commissioners, the proDect was getting close to 1~ million dollars. But the commissioners can't pass a resolution because the P & Z forgot to sign the original resolution. Three weeks later, they came back with a resolution passed at the county P & Z. Mazza told Council he objected to this at the county commissioner level and did not get anywhere. The commissioners passed a resolution to deny us, from which Mazza is appealing to the Council. The resolution denying Capital Improvemen~ said (1) they did not presen~ evidence supporting need and planning evidence of how the hotel fits out there (2) it is no~ permitted by zoning (3) the project has a high density impact which conflicts with the airport. Planner John Stanford pointed out that this is projecte~ zoning and the noise has nothing to do with the Isbel study (4) there is no adequate evidence of access (5) Rapid growth of bed capacities have caused great strains on existing public services. Mazza said capacity-wise the City is able to service this facility. The 1974 annual water report, the maximum use of this facility assuming that every room was filled, would be 20,000 gallons of water per day. The City presently has 8 million gallons. The peak is 7% million per day in the sunu~er. Last year 5,300,000 was the high daily use. Mazza stated if this were to be a tap, he should be going through the water department and not in the Council. Mazza asked Council if they consider this an exten- sion or if they consider it a tap at this point. Councilman Behrendt moved to consider this an extension based on the memo seconded by Councilman De Gregorlo. City Attorney Stuller pointed out the state statues require approval for any utility construction within the county, therefore whether it is a tap or extension the Council would have to renew the denial. Councilman Behrendt, in response to this, withdrew his motion. Mazza told Council there was a law suit pending against the county that he had filed contesting the validity of their rezoning. Nothing is being done on this law suit at present. The building permit suit filed against the county, any action I have %o take for water will be the way I have to proceed. Mazza said he had to prove that the City was acting as a public facility and Mazza read from a recent Boulder case. Mazza said that this case said that the City utility had actively discouraged any other private utility from being able to supply water. Boulder was using water policy as a growth control policy. Because Boulder was doing this, they were ruled against and ordered to let people tap on. Mazza indicated he felt this was an analagous situation. Mazza pointed out the contract with Elay Corporation to supply water to Brush Creek subdivision, the only qualification in that contract is that there is adequate water supply. Mazza told Council that one way out of this is strict contract for every user, to make limited and special contract. Mazza told Council that a suit would be filed should the Council deny this request. Mazza said he felt Council has an obligation when spending mone3 to realize what is right and wrong in this issue and what is needed out there. The property is surrounded by high density; the property has been rezoned for single family dwelling; the proposed rail transit system is going to stop there. Mazza said that if the Council considers these things, that this is not totally an unreasonable request. Mazza said that this was a large project of 152 units at the base of Buttermilk mountain but the Holiday Inn, the airport, the airport business center, were all out the~on the highway. Mazza asked Council to very seriously consider that. City Attorney Stuller said she would like to respond to some points made by Mazza. First the ~procedures for tap issuance are not circuitous. Capital Improvement does not have to have a tap permit for a building permit and vice versa. Capital need only prove that water will be available before a building permit will issue. At that point a water tap permit can issue according to our municipal code requirements. Secondley, Mazza is relying on the Robinson case, a District Court decision which is on appeal. The Appellate Court of Colorado have consistently held that a municipality has absolute discretion as to whether it will extend water servi~e outside the city limits. Utility extensions do effect land development patterns and that is why state statutes require the County review process. In Robinson the Court relied on three things, namely, (1) the City had extended its water lines to adjacent developments without water service contracts (2) the City had promulgated a water service plan which included the area of the applicant's sub- division and (3) the City had asserted itself as the exclusive water and sanitation supplies in the area by opposing the creation of other service districts. None of these conditions exist here as (1) all users serviced in the area are serviced pursuant to specific contracts (2) we have no adopted service plan for the area and (3) we have never defeated efforts of other sources of supply to offer water service to the area. Mazza has asserted that we have an unqualified obligation to service to Brush Creek area. This is not an unqualified contract, it is non-assignable and is probably now void. Finally, Mazza has asserted that we have unqualified capacity to serve the area. Dave Ellis has some comments on that point. But first, I would liks Bill Kane to present the County's land use considerations which precipitated the denial. Bill Kane of the Planning Office told Council the County P & Z adopted in September of Capital 1973 the amended Master plan. The 23.4 acre site is located north of the Buttermilk Improvement Road and south of the new alignment for Owl Creek Road. The P & Z changed the zoning Request for based upon a changed Master plan which in turn was a response to changing conditions at Extension · the Buttermilk area. The area is zoned AF-2 PUD which doesn't permit hotels. The 1966 of Water original plan was formed_with the idea that the base facilities should be located within Service ¼ mile of the base of the mountain; in addition there should be a cluster concept for accommodation facilities. Kane told the Council that in the fall of 1973 a new Master plan to deal with changes in development and consequently a change an the thinking of the planning commission was adopted. To quote from the Ar~ended Plan "Initiated as a beginner's ski area on the south side of Highway 82 midway between the airport and Maroon Creek, the Buttermilk Ski Area has recently been expanded to provide interesting trails for all but the most advanced skier. As a result, visitors to the area come from throughout the Aspen region, including Snowmass as well four nearby accommodation units. The resulting increases in traffic to the area, along with its limited base area, have created serious parking and traffic conjestion problems.'~ In general, the development of diversified ski terrain created impacts unforseen at the time of the 1966 Aspen Area Plan. Kane pointed out the general changes in the circulation plan as a response to the comraercial strip nature of Highway 82 in the Buttermilk area. Consequently this land use configuration presents a real opportunity for strip development. It is a well known planning principal that strip development is an expensive form of development to support because of (1) inefficient use of land (2) hazardous traffic patterns which results from over use of one road (3) further traffic hazard and high public cost due to the linear arrangement of buildings which distract the eye of the motorist and (4) diminution of the aesthetic quality of the entrance to cities. Kane concluded that there were many considerations in the general planning principals and that the planning office feels that the changes to the zoning are justified due to the changing conditions in the Buttermilk area. Kane requested the planning office memorandum, the amended text of the 1966 plan and two maps presented by Kane submitted for the record. Councilwoman Pedersen moved to enter these into the record; seconded by De Gregorio; all in favor, motion carried. Tony Mazza questioned Kane on items 1 and 2 above; assuming that the railroad is built and stops at Buttermilk and questioned if that doesn't totally tie in with traffic concerns and people moving patterns. Can't this possibly be a use that would fit rather well with these concerns. Kane said that the development of the proposed hotel would contribute to a substantial increase in traffic on Highway 82. Kane said that the Buttermilk ski area is the least used in the Aspen Complex and that the travel patterns of those staying in the hotel would be the same as other tourists in the Aspen area. Buttermilk provides on the order of 15% of the total skier days for the area and one would conclude that 85% of those staying an the hotel would create traffic demands for the rest of the Aspen, Highlands, and Snowmass areas. Mayor Standley said two things are occurring; the skier visits, Buttermilk is less popular than more popular. How many days do people ski at the various ski areas; Buttermilk receives the least number out of the persons visiting. The point is people are n~t skiing there, they are skiing a~ Highlands and Aspen Mountain. Therefore, people are not using it and indicating they are not intending to use it. This project would be putting density and bedrooms out there and people are skiing someplace else. This is proven by the Aspen skiers interview study and the History of Buttermilk skier visits; they have 175,000 skier v±slts per year. Mayor Standley questioned the commercial uses considered for the building. Bill Kane explained to Council the general organization of the 66 Plan with cluster facilities and residential accommodations. The proposed hotel is located in a minimal building. The final recommendation is .1 dwelling unit per acre as located an a minimal building area. There was an on-site investigation. The area was identified as critical for the preservation of visual resources. Stuller asked City Engineer Dave Ellis if the City has the capacity to supply water that Capital Improvement is requesting, the type of demand, what demands would be made on our water system, and how this would affect our ability to treat water. Ellis said his comments were based primarily on two items: (1) the Briscoe/Maphis "Water Systems Report-Aspen, Colorado" and (2) In-house work consisting of tabulations of water consumption during the period of 1970-1974 and projections for consumption through 1980. The Briscoe/Maphis study was made using the growth rate for Aspen which the Planning Office was projecting at that time, i.e. something less than 5% compounded. Using that growth rate, the capacity of the filter plant would be sufficient through 1980 and several years beyond. Although the Water Department 1974 Annual Report indicated a 7% increase in consumption over 1973, the true rake of increase was 14.9% due to the repair of a major leak in the system. From our records we can prove we were loosing approximately 400,000 gallons of water per day. If you add that difference in the 7 percent increase becomes an effective increase of 14.9 per cent. The average annual increase has been in the past between 10 and 12 per cent; the 14.9 per cent increase is right in there. The City does have a high per capita consumption relative ~o what is considered normal. Basically this would indicate that the report done by Briscoe-Maphis is not holding anywhere near the assumed growth rates. The number of ~aps hasn't grown at the estimated rates but the per capita consumption is going up. Dave Ellis commented on the recommended Capital Improvements program. In 1974 $233,000 Capital an capital improvements was recommended. The City spent $186,000 plus on major improve- ments. This year the City only budgeted 16.3 per cent of a $264,000 recommended capital Improvement improvements budget. Revenues approximated on projections were sky high. We are behind Request for Extension substantially with capital improvements necessary to sustain a quality system for of Water exasting users and to supply those areas we are under contract obligation to supply. Elli Service said he hadn't seen any evidence that the water consumption growth rate is down to 5 per cent. Ellis also said he disagreed with 20,000 gallons day useage a~ the proposed hotel. Stuller asked assuming major annexations and contracts, what type of demands will be made on the system in the near future. Ellis said the outstanding obligations the City presently has would be the Gant III (31 units) and phase IV of Silver King, if they have alcontract with us, for 134 units and previously approved subdivisions. The point is t~at the treatment capacity of the filter plant would be 7½ million gallons per day. Based on the current growth rate for the last 5 years, by 1980 the filter plant would be extremely close to or possibly under capacity at peak consumption times. However, the projected capital improvements program did not anticipate any improvements for the filter plant through that period and we are even behind on the planned improvements. Councilman Behrendt asked if the City had gone through and seen what it thought the hotel would draw low and high; established a low and high range of what thear requirements would be. Mayor Standley said the average consumption was 100 gallons per person per day. The hotel would use 35 to 40,000 gallons per day. Tony Mazza said the end result is that there is water enough right now. Ellis said there as capacaty in the treatment plant to handle ~that alone but the City has other commitments. Mazza asked if with the presen~ commitments the City has enough water. Ellis answered with the projections the City has, no. Mazza asked without commitments there as enough water. Ellis answered, yes. Mazza said the P.I.F. cost approximately $200,000; where as that money going? Ellis said the money goes into the P.I.F. reserve fund that is to be used for improvement of the system to increase the capacity; however, if we were to ancrease the size of the filter plant, that wouldn't pay for it. Mazza said assumang we increase the size of the City facility, does the City own enough water rights ~o do that? Ellis said the wa~er rights aren't in question; water rights are adequate. The customers who are receavlng marginal service. No new development would have a higher priority over the existing problems. Ellis requested to be admitted into the record the water system report prepared by Briscoe/Maphis dated March 6, 1974, and 4 graphs and 6 tables prepared by the City of Aspen dealing with water consumption. Mayor Standley accepted them into the record. Councilman Walls asked if there wasn't any water service plan; no approved water plan. City Attorney Stuller said she was not aware of any approved plan. Tony Mazza requested introduction of his packet and the Capital Improvements plan into the record. City Attorney Stuller told Council she felt the only immediate assue as whether the City wants to overturn the disapproval of the county. Whether this is a tap or exten- sion is not relevant now. Mazza said he felt it as relevant; if it is a tap he would not have to be before Council. Councilman Walls asked if the wa~er line ran through the property. Ellis told Council the water line is on the State Highway Department right-of- way. Councilman Breasted said it has been the Council's policy for several years not to extend water whether it is a ~ap or extension to anyone in the county without the P & Z approval Councilman Walls said not for taps only for extensions, that as why he felt the point is vali.d whether it is an extension or a tap. Stuller quoted Section 30-28-110 saying no public utility shall be constructed in the unincorporated territory of the county unti2 it has been reviewed and approved by the county P & Z. Stuller reminded Council that the county P & Z and County Commissioners reviewed it. It is this denial that is being appealed here tonight. Councilman De Gregorao moved that the Council accept Dave Ellis' recommendation that it is an extension not a tap; seconded by Councilwoman Pedersen. Councilwoman Markalunas asked what consideration was given for Holiday Inn and the other businesses out there, were they taps or was service to their business considered line extension. What type of agreement did we have of individuals presently receiving wa~er in that area. Does the City have a particular contract on the Holiday Inn. Ellis said he didn't know. Councilwoman Markalunas questioned the agreement with Buttermilk. Ellis said they contributed money through the Ski Corp. Ellis pointed out that he had treated other questions like this an the past as extensions. Councilman Walls said when water line runs in front of your house and you want to get service from that line, what is the policy. Ellis said the extension policy was presente~ roughly one year ago. Councilwoman Markalunas said the Policy should be presented for adoption so that everybody knows on what ground they stand. City Attorney Stuller explained that there had been pending before the general assembly legislation that would require municipalities to define service areas. This bill had been billed about one ~ month ago. We had put off proposing a service area until final action on this legislatiol All in favor of the motion with the exception of Councilmembers Walls and Markalunas. Motaon carried. Mayor Standley asked for a disposition on the recommendation by the county P & Z and commissioners whether to overrule the recommendations of disapproval for their water. Councilman De Gregorio moved not to overrule the county's disapproval for extension of water service; seconded by Councilwoman Pedersen. All in favor except Councilmembers Walls and Maraklunas, motion carried. QUICKSILVER LIMOSINE SERVICE PUC appl. Request for Jake How, President of Quicksilver Limosine Service requested Council's support in their endorsement effort to go before the PUC in Denver to extend their service in the immediate area. The Quicksilver application is for all points within a 17 mile radius of the Prince of Peace Church. Limosine Quicksilver also wants to run Historic tours starting at the Aspen museum and going to Service Leadville and coming back to Aspen. ~ow told Council they felt that the existing service is inadequate and that they are more adequate to do the job. Quicksilver has been endorsed by ARA, the County Commissione~ ~, the Chamber of Commerce. They would like a resolution from the Council. Quicksilver has 6 new Dodge maxivans with a capacity of 11 passengers and 9-passenger Chevrolet suburbans. Quicksilver wanted Council's support as they will be protested by the taxi company. Councilman Behrendt said he had personally witnessed Quicksilver's well run and successful service during the winter. Councilman Behrendt moved to endorse their request, pointing out the need in the community for their service in town and in the immediate outlying areas; seconded by Councilman De Gregorio. Trey Walker of the Aspen Cab Company objected to Council's endorsement saying that they are limosines and they are trying to turn into a taxicab company which would make them illegal under the Model Traffic Code. Transportation Director Dick Parker said from his observation of the operation of Quick- silverr he would highly recommend the endorsement. They have given the City good service. Councilwoman Markalunas questioned the application. How told Council the applicatIon was for a limoslne service with vehicles not exceeding 11 passengers to go on call any point within a 17 mile radius. How said presently their l~cense is very limited and they felt they had the capacity and ability to serve these areas in the whole community. Ail in favor of the motion, motion carried. POST OFFICE OPTIONS Post Office Yank Mojo of the Planning Office outlined the history of the post office for the Council. In September of 1973 one of the very first sites for the post office was 98,000 square foot site picked along Mill Street. This was subsequently rejected basically on the c~r- culat~on problems along Mill Street. Then extensive planning was done with a two level 50,000 square foot building site. There was a survey done by Adam Kravatsky who came up with several proposals (1) a bold scheme (2) a conservative scheme (3) a recommended scheme which concerned the whole area with the post office site on the Spring street extension facing on Mill street with a new City Hall, justice center, etc. All these schemes were reviewed by Council and the P & Z. During this review process, the red alignment of Spring street came out. There was a sketch in the paper with the post office site of 100,000 square feet and parking in the lower part of the property. Yank Mo]o pointed out that the Palnning office is dealing with the Rio Grande property and dealing with it entirely rather than piecemealing the development. Under the con- straint of the post office site as proposed to the public in the election ~n October of 1974, the Planning office recommended a solution to the parking situation in the Rio Grande. The program was presented to ~he Commissioners last fall. The post office had 104,000 square feet north of the Aspen One Property with a shuttle service down Galena Street to the parking lot. Last January the post office came and told the City that Aspen didn't get home delivery ~nd that they wouldn't compromise on their requirements for 106,000 square feet site. This included parking for employees, customers, space for 21 carriers, loading dock and security area. The Planning Office came up with a conceptual scheme with a feasible parking facility in the lower part of the Rio Grande and moving the bus station from where it is to the bottom of Spring Street. There was also another plan putting the post office just north of Spring Street. Mojo agaln pointed out that the idea is that the Planning office is trying to deal with the area as a whole. Tonight at this Council meeting there are three alignments to consider (1) the yellow alignment which was rejected by the engineering department because of proklems with the Bank of the Roaring Fork. Consequently the Council had to pick an alignment and the question is which side of the dividing street does Council want the post office. City Manager Mahoney presented a design matrix to Council and asked them for a decision on this matter tonight. Mahoney told Council they could decide in this framework to designate all of the Rio Grande as a specially planned area or to designate the Rio Grande as a specially planned area with the exception of the post office site. If the Council decides to go all specially planned area, it will have to go back to the planning process, the P & Z, and the Planning Office to discuss the elements of the Rio Grande with a performing arts center, bike trails, landscaping, City Hall, etc., where they should be located and whether Council wants them or not. Mahoney said he believed that would take a considerable amount of time. Mahoney said if the Council supports ~3, which is to exclude the post office from the specially planned area, the question is what alignment does the Council want. The yellow Post Office alignment gives an extension of Spring Street; the road would be northeast of the post options office site. We could go with the red alignment which would mean mvoing the road behind the post office; or there is the present aliqnment, the green alignment. These are all planning decisions. There is also the black'alignment, which is a Planning Office proposal. Mojo explained the black alignment, which is a modified red alignment. Under current demands for a post office, they have a requirement of 2100 square feet, 88 customer stalls, 3 offices, 37 employee parking spaces. They are effectively governmental property. The Black alignment is site plan in which the post office integrates this customer parking and employee parking into the overall Rio Grande site. Mahoney explained that in the modified red alignment or black alignment the road is approximately in the same place and the area is in the same place. What we have in this alignment is the'post office purchasin~ 106,000 square feet and they would join with us in our parking effort. They would be ~ interfaced with a large parking lot. Mahoney said the Council had four possible align- ments to choose from after they decided what to do with the planning aspect. City Manager Mahoney also brought up the trade with Aspen One. The City can deal directly with Aspen One which is basically the offer they made several weeks ago which was $6.50 a square foot for parcels A and B plus a $200~000 boot. This option should be decided after the choice of specially planned area or no~. Mr. Sherrick from the U.S. ~Post Office told Council that the resolution adopted by the Council lead the post office to believe thac a site had been settled on. This new approac] has thrown the post office for a curve. The post office requirements are 104,000 to 106,000 square feet with manuevering room, employee parking, customer parking. The man- ueverlng room and parking will be screened off. There will be a wall for the security and the utility portion of the building. Sherrick said the joint use parking poses many problems. The post office has projected 88 customer parking stalls tO serve the community He presumed that his would mee~ a 20 year requirement based on the growth potential. Sherrick said it would be feasible to develop customer parking to meet a ~en year require- ment and leave a green area on an as-needed basis. Sherrick said the need for a post offi e in Aspen is a number one priority and the post office feels they must push forward. Councilman De Gregorlo asked if it made any difference to the post office which alignment they had. Sherrick answere~ that they wanted the green. The post office first endorsed the red alignment but the City had flopped them over. Mayor Standley asked Sherrick if the post office had any problem going with the City's building codes, zoning codes, getting the proper permits that are required by the City as well as some degree of architectural control. Sherrick said the post office cannot suppor~ the building code, they do not support the zoning code, but that the architects will be charged with meeting with Cisy officials on the architecture qualities of the building. This does not mean that the City has 100 per cent architectural controls but the post office certainly would want a facility that is compatible with Aspen. Mayor Standley asked if the building requiremetns met the UBC. Architect Russ Pielstick answered that they are the UBC. Councilman Behrendt asked why the post office needed so much land if the City would provid~ parking and maintain it. Councilman Behrendt commented that the size of the lot the post office is requesting would ruin the whole area. Sherrick said joint parking would work providing the City could assure the post office in perpetuity that they would have access and unlimited use of the land. Councilman Behrendt questioned the need for two parking lots down on that land. Mayor Standley said the red alignment is to get rid of two monolithic parking structures. Mayor Standley pointed out that the post office would ge~ 19 per cent of the land for 45 per cen~ of the purchase price. Councilman Behrendt reiterated th~e size of the post office was absolutely ruining the City's land plan. Councilman Breasted indicated he felt that one of the best locations for the post office is on the Rio Grande property but tha~ the City is dealing with an en~ity that cannot cooperate. The Rio Grande is one of the most valuable pieces of real estate that the Cit~ owns and it would be irresponsible to the citizens no~ to plan this property properly. Councilman Breasted said he wanted to sell to the post office but the exigencies of the service being what they are, the postal service canno~ cooperate with the City in develop- ing a facility. Councilman Breasted said he felt the post office belonged on this but may be not at this point. Mr. Sherrick said the post office has spent two years on this pro3ect and felt there was considerable amount of planning going on. Councilman Breasted confirmed the piece of property ought to be planned and planned properly. Councilwoman Markalunas mentioned the Planning Office memorandum which indicates the post office site is approximately 20 per cent of the usable part of the Rio Grande property. She asked if that was 20 per cent of the usable part of the Rio Grande property. Planner John Stanford said no. Councilwoman Markalunas pointed out that 104,000 square feet winds up being closer to 40 or 50 per cent of the usable part of the Rio Grande property. The City did not buy that property for ~ust the post office but for a number of community uses. Councilwoman Markalunas said she could no~ see the property being totally given over to the post office. The City has to plan the property as a duty to the community to see what will go on to tha~ piece of property. Councilwoman Markalunas told Council that it was the City's property and the City ought to be able to say what they want to do with it, this real estate is a ma~or factor of what this community can do in the futur Councilman Behrendt moved to have the entire Rio Grande property a specially planned area seconded by Councilwoman Markalunas. Councilmembers Behrendt, Markalunas, Pedersen, Breasted in favor; Mayor Standley and Councilman De Gregorio opposed; Councilman Walls abstained. Motion carried. MALL CONSIDERATIONS Mall - City Manager Mahoney presented some sketches to the Council from the Mall Commission to Berm by place berms around the band stand in Wagner Park. There is free dirt available to make Wagner Park these berms. City Manager Mahoney requested permission to implement one of these sketch plans. The proposal is to take free earth and build an earth berm laid out in some con- figuration on the west side of the bandstand. This would also allow people to sit on the back side of the berm and watch rugby. Both the proposals presented have taken into consideration the manholing and the ~rainage factors. Mahoney asked for Council's permission to pursue this diea. Councilman Behrendt moved to allow City Manager Mahoney to pursue this; seconded by Council- man Walls. Mayor Standley pointed out this was county land and suggested to Mahoney that he confirm with the county what he is planning to do. Councilwoman Pedersen inquired about the cost. Mahoney said he felt it would be fairly cheap; we had been offered some dirt and the City would use the landscaping we already had. Basically time and materials were all that were needed rather than capitol outlay. Councilman De Gregorio asked how the Parks and Recreation Director felt about this plan. Mayor Standley said this was logically the Mall Commission dealing with the malls; the plan does not encroach upon the rugby field. Parks Director Armstrong said he hadn't been consulted and he felt the berm might encroach upon the rugby field. Councilwoman Markalunas indicated she felt the Parks Director was the first one to be consulted as the Parks Department greatly support the mall area. At various times the mall is considered as another City park. Councilman Behrendt amended his motion to make it contingent upon Ted Armstrong's approval. Councilman Breasted made a substitute motion to approve this plan subject to Ted Armstrong' checking. If the berm extends too far into the park, then move it away from the park; seconded by Councilman De Gregorio. All in favor with the exception of Councilman Behrendt motion carried. Mall - City Manager Mahoney told Council the Mall Commission requested an area for small children children's to play in the mall in a special area. Mahoney had suggested the Mall Commission come to play area the study session on the budget. Mahoney also suggested that Ted Armstrong should review this project because it would become a park. City-wide Councilman Breasted asked for a discussion of the extension of restaurants all over the restaurant City. Mayor Standley said this was discussed at length at the study session with the extension Mall Commission. Councilman Breasted said he would like to have City Attorney Stuller directed to draw up an Ordinance for this restaurant extension. Mayor Standley pointed out the Engineering and Planning Departments should be consulted. Councilwoman Pedersen said Council should also have input from the Police Department, Building Inspector, the Historic Preservation Committee (HPC) and the P & Z. Councilman Breasted moved to have various departments and boards and commissions look into extension of restaurants all over the City; seconded by Councilwoman Pedersen. All in favor, motion carried. GOLF COURSE - PLAYING FIELD Golf Course Parks Director Ted Armstrong told Council he had had a meeting at the Plum Tree with Councilmembers Walls, Pedersen, and Markalunas. At this meeting they had gone over the problems with the practice fields, rugby and lacrosse being right on the highway, the problems with traffic, entrance and exit and parking. Councilman De Gregorio sugge'sted a shuttle service to those playing fields, having Transportation Director Parker look into Playing including that with the Iselin shuttle. Fields Parks Director Armstrong brought up the possiblity of having lights out at Iselin Field. ~selin Park City Manager Mahoney said it was his understanding that the City would uake the lights lights removed from Main Street by the antique lights and put them in at the Rio Grande where they would be more appropriate for a parking lot. The type of lights off Main Street can adequately light Rio Grande. The City can then look into using the lights and poles originally purchased for the Rio Grande to light Iselin Park. Armstrong showed on a plan that the tennis courts would be placed directly behind the entrance on the north side of the building into the Plum Tree. Councilman Walls moved to adopt this plan as presented this evening; seconded by Councilman Behrendt. Armstrong told Council there would be more control over the five tennis courts in this postion. All in favor, with the exception of Councilman Behrendt. Motion Carried. POLICE SALARY SCHEDULES Police Dept pay schedule Chief of Police Marty Hershey presented a schedule to Council and recommended minimum and maximum salaires within position ranges. Hershey told Council this would give him signifi- cant flexibility. All salary increases could be between June 1 and July 1. The longevity increases are not affected by this change. Hershey said this would simplify the pay increases within his department. His problem is that now he is limited to 8 per cent increases. Councilwoman Markalunas asked if this would be a general City policy. City Manager Mahone~ said he felt it was appropriate to handle the Police Department separately. Mahoney Police Dept. pointed out fire and police departments are generally treated separately in pay scales. Pay Schedule Mahoney also mentioned that other departments would probably want more money and this will have to addressed at this summer's budget hearings. Mayor Standley said this salary plan would give the Police Department a structUre for dealing with their personnel. C~uncilman Behrendt indicated he felt it was a great idea bu~'~nted~tQ hear what the Finance ~ep~rtme~t ~h~d ~o ~ey about it. Finance Director Butterbaugh asked that if the Police Department had excess money in the salary budget, would they go over ~e maximum. Hershey said his raises would be based upon merit plus if the Department had extra money. Councilman Behrendt moved to table this item; seconded by Councilman Breasted. Council- members Breasted, De Gregorio, Behrendt in favor; Mayor Standley, Councilmember Walls, Markalunas, and Pedersen opposed, Motion NOT carried. Finance Director Butterbaugh pointed out this would motivate people and she had no objections from that point. She had no specific problems with this type of schedule. Hershey told Council no other department heads had come to him to look into this type of schedule. Mayor Standley said he thought the Police Department had gotten rid of the lieutenant's position and questioned it on this schedule. Hershey said this was just following the lines in Section 2-91 of the Municipal Code. Hershey indicated he did not intend to create the position of lieutenant again, Mayor Standley asked why the humane officer was placed substantially below that of a patrolman. Hershey felt this was a historical place for the humane officer. Mayor Standley said it seemed that a humane officer had a different kind of training but virtually the same work load and the same inherent danger in their work. Hershey indicated that $10,500 was maximum for a humane officer and that he didn't have the budget to raise the humane officers at present. Councilman Walls moved to direct City Attorney Stuller to draft an Ordinance supporting this type of salary structure; seconded by Councilwoman Pedersen. All in favor, motion carried. Chief ~f Police Hershey addressed Council on the needs of the communications in the Police Department requesting an additional $3,500. Mayor Standley told Hershey to come to the · budget study session with any request. Council told Mahoney they wanted a packet before the study session of department head requests. Councilman Behrendt moved to adjourn the meeting until 5:00 p.m. Tuesday, April 29. No one second~d, Councilman Behrendt withdrew his motion. City Manager Mahoney told Council that the Holy Cross situation would be addressed in Holy CroSs a memorandum from Sandra Stuller. City Manager Mahoney told Council they would receive a memorandum from the City Manager on energy and that the City needs to address an energy alert. Energy Alert City Manager Mahoney introduced the status on the economics report and the determination of impact of certain things occurring in the City. Urban Economist Larry Simmons told Economic Report Council he planned to have a report out by July 1 that would be fairly substantial to start discussing the expected impact of different types of growth. City Manager Mahoney reported to Council that the City does own the Thomas Property, an additional 6.2559 acres for $87,500. Thomas Property ORDINANCE #11, SERIES OF 1975 Ord. A~, 1975 Mayor Standley said because of the sweeping change in zoning on Main Street, he would Zoning Code allow comments on that subject only. CoUncilman Walls said the Council had made so many changes in the zoning ordinance over so long a time that it is hard to keep track of them. Councilman Walls was wondering what point Council should have another public hearing. As far as the public is concerned, there should be another public hearing so that every- one knows exactly what is in the final ordinance to be vOted on. Councilman Walls moved to schedule another public hsaring; seconded by Councilwoman Markalunas. Councilmember Walls and Markalunas in favor, Councilmembers De Gregorio, Breasted, Behrendt, Pedersen and Mayor Standley opposed. Motion NOT carried. Planner John Stanford told Council they had looked at the zone R-6 along Main Street and Main St. to maintain the integrity, visual impact and historical significance of Main Street and zoning to allow for a more diversified type of uses along Main Street they had developed an 0-2 district. The intent of this district is to retain the present mix of uses on Main Street, to encourage the preservation of structions of historic significance and the character of the entrance to town, to provide for reasonable use of properties along Main Street, and to maintain efficient use of Main Street as a primary high volume of east and west thoroughfare. The permitted uses in this zone are residential, professional and business offices. The conditional uses require special review by the Planning and Zoning Commission. These uses are restaurants, rooming houses, boarding houses, if location in a structure which has received historic designation and if adequate parking is provided on site with access provided from the alley. The area and bulk requirements for 0-2 were disigned primarily on R-6. Hans Gramiger commended the Council and the Planning and Zoning Commission for making the changes they did. Gramiger questioned the 0-2 zone requirements asking if the front yard had to be in addition to the open space requirement, Gramiger objected to the maximum height requirement in this zone and questioned the basement area being excluded from the f.a.r. Norman Burns of the Historic Preservation Committee told Council he had some reservations Main St. - of the zoning as outlined. This does not preclude someone from tearing down an existing Historic structure. Burns highly recommended under conditional uses dropping the words "a Zoning structure." By adding these new words under conditional uses, this would preclude a non-historic building from adding any of these uses. Lary Groen addressed the Council and pointed out that no where in the revised zone for Main Street is there any definite provision to preserve historic structure short of allowing them better uses. There are 29-30 historic buildings on Main from Monarch to the Castle Creek bridge and there is nothing in the code to actually prevent removal of these structures. Historic zoning on that stretch of Main Street would protect historic structures. Planner Stanford said all structures on Main Street would have to be documented. The Planning Office would like to see a preliminary plan for historic district which catalogs structures of real significance. Those structures not of real significance after being cataloged would be available for removal or relocation. Councilwoman Markalunas moved that the Council adopt a directive to the Historic Preserva- ~ tion Committee that they proceed immediately to go through the process of availing both sides of Main Street from Monarch to Seventh Street with historic overlay; seconded by Councilman Behrendt. All in favor, motion carried. Mayor Standley brought up Ban Gramiger's point of a side street curb cut. City Attorney Stulller said this provIsion applies only if the structure has received historic designa-.~ tion. The access off the alley is required only if an alley exists. One may get per- mission from the P & Z to get a Highway 82 curb cut. Mayor Standley asked if one could have a peaked roof on Main Street that would go over the maximum height requirement. Councilwoman Pedersen moved to read Ordinance ~11, Series of 1975, seconded by Councilman Breasted. All in favor, motion carried. ORDINANCE ~11 (Series of 1975) AN ORDINANCE REPEALING CHAPTER 24, "ZONING" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, RE-ENACTING OR AMENDING CERTAIN SECTIONS THEREOF, ADDING PROVISIONS NOT PREVIOUSLY A PART OF SAID CHAPTER; INCORPORATING BY REFERENCE A REVISED ZONING DISTRICT MAP AND BY THE REFERENCE ADOPTING THE SAME; SAVING PROSECUTION AND PENALTIES FOR VIOLATIONS OF THE PREVIOUS SECTIONS WHICH VIOLATIONS OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING, IN ADDITION TO OTHER LEGAL REMEDIES, THAT FOR VIOLATIONS OF CHAPTER 24 THERE MAY BE IMPOSED FINES UP TO AND INCLUDING $300 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. was read by City Clerk. Councilwoman Pedersen moved to adopt Ordinance #11, Series of 1975, on second reading; seconded by Councilman Breasted. Roll call vote; Councilmembers Breasted, aye; De Gregorio, aye; Markalunas, nay; Pedersen, aye; Walls, nay; Behrendt, aye; Mayor Standley, aye. Motion Carried. Ord. 23, 19' ORDINANCE #23, SERIES OF 1975 Impound Lot lease Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman De Gregorio moved to read Ordinance #23, Series of 1975, seconded by Councilman Walls. 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 LAND 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 TERM OF THREE (3) YEARS SUBJECT TO EARLIER TERMINATION IN THE EVENT OF THE SALE OF THE PREMISES. was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #23, Series of 1975, on second reading; seconded by Councilman Walls. Roll call vote; Councilmembers De Gregorio, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Breasted, aye; Behrendt, nay; Mayor Standley, aye. Motion carried. Ord. 24, 197 ORDINANCE ~24, SERIES OF 1975 Appropriate Funds to Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Centennial the public hearing. Councilman De Gregor~o Moved to read Ordinance #24, Series of 1975, seconded by Council- woman Pedersen. All in favor, motlon carried. ORDINANCE ~24 (Series of 1975) AN ORDINANCE TRANSFERRING $4,000.00 OF SURPLUS WATER REVENUES TO THE GENERAL FUND AND FURTHER APPROPRIATING SAID AMOUNT OF THE CENTENNIAL/ BICENTENNIAL COMMISSION; AND RESTRICTING THE USE OF SAID FUNDS was read by the City Clerk. Councilman De Gregorio moved to adopt Ordinance ~24, Series of 1975; seconded by Council- man Behrendt. Councilwoman Markalunas requested that a copy of this Ordinance be sent to Mary Martin of the Centennial/Bicentennial Committe to call her attention to the provisions of the money. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; Markalunas, aye; Behrendt, aye; ~ Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~25, SERIES OF 1975 Ord. 25, 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed 620 Hyman the public hearing. Councilman Behrendt made a motion to read Ordinance ~25, Series of 1975; seconded by Councilman Breasted. Ail in favor, motion carried. ORDINANCE 925 (Series of 1975) AN ORDINANCE EXTENDING THE EXEMPTION FOR THE 620 HYMAN BUILDING FROM THE NEW ZONING CODE, ORDINANCE #11, SERIES OF 1975, ALL IS ORIGINALLY PROVIDED BY ORDINANCE ~50, SERIES OF 1974; PROVIDED THAT THE APPLICANT SHALL SUBMIT SUBSTITUTE BUILDING PLANS ON OR BEFORE JUNE 15, 1975; SHALL OTHERWISE COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL, ON ISSUANCE OF A BUILDING PERMIT, PROCEED WITH CONSTRUCTION OF THE EXEMPTED PROJECT WITH REASONALBE DILIGENCE was read by the City Clerk. Councilman Behrendt made amotion to adopt Ordinance 925, Series of 1975; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pedersen, nay; Markalunas, aye; De Gregorio, aye; Walls, nay; Breasted, aye; Behrendt, aye; Mayor Standley, aye. Motion Carried. ORDINANCE ~26, SERIES OF 1975 Ord. 26, 1975 Saab lease Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen made a motion to read Ordinance #26, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~26 (Series of 1975) ~ AN ORDINANCE RATIFYI NG A LEASE BETWEEN THE CITY OF ASPEN, COLORADO, AND PANSING PONTIAC FOR 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. Councilwoman Pedersen made a motion ~o adopt Ordinance ~26, Series of 1975; seconded by Councilman Behrendt. Roll call vote; Councilmembers De Gregorio, aye; Pedersen, aye; Walls, aye; Markalunas, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~28, SERIES OF 1975 Ord. 28, 1975 Towing contract Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen made a motion to read Ordinance ~28, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE =28 (Series of 1975) AN ORDINANCE AUTRORIZING THE ENTRY INTO AN AGREEMENT BY THE CITY OF ASPEN WITH THE AIRPORT AUTO CENTER FOR THE PROVISION OF TOWING SERVICES; REQUIRING TWENTY-FOUR (24) HOUR TOW SERVICE BEGINNING APRIL 14, 1975, REQUIRING ITEMIZATION OF BILLING; PRESCRIBING CHARGES TO BE ASSESSED; REQUIRING INDEMNIFICATION OF THE CITY AGAINST CI2~IMS FOR LOSSES INCURRED AS A RESULT OF THE SERVICES PdENDERED was read by the City Clerk. Councilman Behrendt made a motion to adopt Ordinance ~28, Series of 1975; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; Markalunas, aye; De Gregorio, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor. Mo~on carried. ~ Ord. 27, 197 ORDINANCE 427, SERIES OF 1975 Vehicle leas City Manage~ City Attorney Stuller explained to Council that this was the contract for the leasing of a Blazer for the City Manager that was not read at the last Council meeting. Councilwoman Pedersen questioned the leasing of a Blazer and it is extremely wasteful on fuel. City Manager Mahoney explained that it had a lot of storage space, would get him around in bad weather, and enable. him to carry passengers. Councilman Walls made a motion to read Ordinance 427, Series of 1975; seconded by Councilman Breasted. All in favor, motion carried. ORDINANCE 427 (Series of 1975) AN ORDINANCE RATIFYING A LEASE BETWEEN THE CITY OF ASPEN AND G.M. LEASING & RENTAL, INC., FOR THE LEASING OF A 1975 CHEVROLET BLAZER FOR USE BY THE CITY MANAGER; PROVIDING FOR RENTAL PAYMENTS OF ONE HUNDRED FORTY-SIX ($146,00) DOLLARS PER MONTH, AND FURTHER PROVIDING FOR A LEASE TERM OF TWENTY-FOUR (24) MONTHS was read by the City Clerk Councilman Walls made a motion to adopt Ordinance #27, Series of 1975; seconded by Councilman Behrendt. Councilman Breasted asked if City Manager Mahoney would turn the vehicle back in if it proved to be too wasteful in terms of fuel or to be a lemon. Mahoney said he would. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; De Gregorlo, nay; Markalunas, aye; Pedersen, nay of general principles; Walls, aye; Mayor Standley, aye. Motion carried. ORDINANCE #29, SERIES OF 1975 Councilman Behrendt moved to table this Ordinance pending the budget work session with Council; seconded by Councilwoman Pedersen. All in favor, motion carried. Ord. 30, 197! ORDINANCE #30, SERIES OF 1975 Streets, Sidewalks, City Attorney Stuller told Council this was a re-draft of Chapter 19 concerning streets, etc. sidewalks, and other public property and prohibiting activity in rights-of-ways without Council approval. This Ordinance was draf~ by City Engineer Dave Ellis to meet his needs in-house. An approved sidewalk plan wilt be presented to Council with the second reading of this Ordinance. Councilman Behrendt made a motion to read Ordinance #30, Series of 1975; seconded by Councilman Breasted. Councilman De Gregorio opposed. Motion carried. ORDINANCE a30 (Series of 1975) AN ORDINANCE REPEALING ARTICLES I, III, IV AND V OF CHAPTER 19, OF THE MUNICIPAL CODE, CONCERNING STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTY, AND REENACTING THE SAME WITH AMENDMENTS; ESTABLISHING DEFINITIONS FOR THE CHAPTER; PROHIBITING CONSTRUCTION IN RIGHTS-OF-WAY WITHOUT CITY COUNCIL APPROVAL; ALLOWING STORAGE ON RIGHTS~OF-WAY ONLY WITH THE APPROVAL OF THE CITY ENGINEER; CONCERNING DANGEROUS STREET OPENINGS; PROHIBITING INTERFERENCE WITH STREET EXCAVATIONS AND SAFETY DEVICES USED IN CONJUNCTION THEREWITH; PREVENTING WATER DRAINAGE ONTO RIGHTS-OF-WAYS (INCLUDING USE OF SAFETY DEVICES AND EXCAVATION TECHNIQUES, BACKFILL REGULATIONS); DESCRIBING WHEN SIDEWALK, CURB, AND GUTTER IMPROVEMENTS MUST BE MADE; SETTING OUT DRIVEWAY AND CURB CUT SPECIFICATIONS; IMPOSING RESPONSIBILITY FOR REPAIRING HAZARDOUS SIDEWALK, DRIVEWAY, CURB AND GUTTER CONDITIONS; PROVIDING FOR REGULATION OF LANDSCAPING ON PUBLIC RIGHTS-OF-WAY; AND DELETING SECTIONS 19-150 OF ARTICLE VII OF SAID CHAPTER 19. was read by the City Clerk. Councilman Behrendt made a motion to adopt Ordinance 430, Series of 1975; on first reading,ii seconded by Councilman Breasted. . · Councilwoman Markalunas asked if sidewalks had ko be immediately adjacent to the curD. City Engineer Ellis said there was nothing to prohibit the sidewalk from being adjacent to the curb. You could also have a 4 foot strip to provide room for reasonable landscaping. Councilwoman Markalunas asked how wide the sidewalks would be in the commercial area. Ellis answered 8 feet in the commercial core area including C-l, C-L and NC. Ellis mentioned the curren~ minimum in the commercial district was 6 feet. Councilwoman Markalunas asked if sidewalks could meander. Ellis said there is no provision for that either way. Councilwoman Markalunas asked where the street landscaping plan was. Ellis said he hoped to develop that plan in the very near future if there is money appropriated~1 Roll call vote; Councilmembers Walls, nay; I%edersen, aye; Markalunas, aye; De Gregorio~ nay? Breasted, aye; Behrendt, aye; Mayor Standley, aye; Motion carried. Councilwoman Markalunas moved to adjourn; seconded by Councilman Walls. All in favor, motion adjourned at 10:03 p.m. Ka ~ e City Clerk