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HomeMy WebLinkAboutminutes.council.19750527Regular Meeting Aspen City Council May 27, 1975 The meeting was called to order at 5:08 p.m. by Mayor Standley with Councilmembers Behrendt, Breasted, De Gregorio, Markalunas, Pedersen, Walls, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Pedersen moved to approve the minutes of April 28 and May 12, 1975; seconded by Councilman De Gregorio. Councilwoman Markalunas said she had just received the minutes and had not had time to read them. All in favor with the exception of Councilmembers Markalunas and Breasted, motion carried. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1) Status of the investigation of city-wide restaurant extension. Councilman Breasted ~ity-wide wanted a report on this as Council had directed City Manager Mahoney to go to the staff restaurant and various boards and commissions and get their input on restaurant extension. City extensions Manager Mahoney said he had gone to the Mall Commission and they had said it was none of their business and that is as far as he went. Mahoney told Council State Liquor Enforcement Officer Chuck Dotson had addressed the Mall Commission on the policy of liquor in extended premises. Mahoney told Council he did not feel that a law written 20 years ago for Denver should apply to the mall situation in Aspen in 1975. City Attorney Stuller told Council she had contacted the Deputy Solicitor General from the Department of Liquor Control to get a ruling on the City's prerogatives in this matter. Councilman Breasted suggested that City Attorney draw up an ordinance on city-wide restaurant extensions to be taken to the P & Z and the HPC to get the ball rolling. Councilman Walls said the City should get some working arrangement with the state in regard to liquor first in order to have parameter to work within. Councilman Breasted said the City could work simultaneously with the state and with the ordinance. Council- woman Pedersen said City Manager Mahoney should take this issue to the boards and commissions before the ordinance is drawn up. Councilman Breasted moved that an ordinance be drafted for consideration by the P & Z and the HPC, an ordinance to allow restaurants to expand on to the sidewalk and roadway in from of their premises; seconded by Councilman De Gregorio. Councilwoman Markalunas asked how far the extension would be. Mayor,.Standley suggested the idea of allowing an extension the width of the parking into the street if the restaurant wanted to take the parking out. The point was brought up that parallel parking was 7 feet while angle parking is 16 feet. Mayor Standley suggested that Councilman Breasted work with City Attorney Stuller on the details of this extension. Mayor Standley, Councilman Breasted in favor of ~he motion; Councilmembers Markalunas, Pedersen, Walls, Behrendt, De Gregorio opposed. Motion NOT carried. Councilman Breasted asked that City Manager Mahoney pursue the city-wide restaurant extension policy. Mahoney said he would follow up and have an ordinance drafted by the next Council meeting. Moffat 2) Moffat Tunnel. Mayor Standley told Council this had come out of a meeting he and tunnel Councilman Breasted attended in Denver with the DRG&W and Moffat Tunnel people. The idea district of enlarging th~Moffat Tunnel district to make it responsive to areas served by the train was brought up. Councilman Breasted said he had discussed this idea with Jim Pughe, member of the Moffat Tunnel Commission, who was quite interested in enlarging the district.'l The Moffat Tunnel District was created in the early Twenties to spread the risk of build- ing Moffat Tunnel. Councilman Breasted told Council it was his suggested that the western slope interests would do well to at least examine the possibility of becoming part of the district. This would give the western slope a chance to change the membership of the Moffat Tunnel district. Also in the future there may be a need to drill another tunnel. If there is a mill levy for another tunnel and the tunnel district is larger, the mill levy would be spread over a larger district. Councilman Breasted pointed out that according to City Attorney Stuller's memorandum, it takes an act of the state legislature to enlarge the district. Presently there are two members from the western slope and three from the eastern slope~ Councilwoman Markalunas asked if it took a vote of the proposed district for enlargement. City Attorney answered no, only in the event of a mill levy is an election provided for. Councilwoman Pedersen asked if the City would pick up some of the tunnel district's debt if we joined the district. City Attorney Stuller indicated that the slx million bonds will be paid out without additional levy, but if another tunnel were built the City could be opening itself up to the possibility of a mill levy. Councilman Breasted said he felt inclusion into the tunnel district would give the City something to say about Moffat tunnel. It is Aspen's one hole in the railroad. Council- man Breasted would like to see this pursued with the county. Councilwoman Markalunas asked what the advantages to the City are to join the district. Councilman Breasted s~id that perhaps we could get better train service to Aspen. Mayor Standley suggested making up a list of alternatives and going over them with Jim Pughe. Mayor Standley had the Moffat Tunnel put on the agenda for the Council of Govern- ments meeting Friday, May 30, 1975, which is being held in Aspen. The City can discuss with COG to see how the other counties feel about inclusion in the Moffat tunnel district. If the other counties are interested, the City can get together with Mr. Pughe and identify all ideas and try to develop a program. Councilman Breasted suggested having City Attorney! work with the County Attorney to develop a city-county position. Main street 3) Main street repair. Councilman Breasted asked City Manager Mahoney if pressure from the City or a resolution from the Council to the State Highway Department could get highway 82 fixed. City Manager Mahoney told Council that City Engineer Dave Ellis had attended a meeting in Grand Junction pertaining to the whole state highway project. The Council had received a memorandum from Dave Ellis which read, "In summary I feel it's totally unrealistic to expect much improvement in the near future to Highway 82 either in town or in the county." Mahoney told Council that Ellis had based this conclusion on the fact that Federal aid and state revenues are down and the budget money is not avail- able to apply funds to the streets. Also the state highway department says they have trouble fixing the roads because they don't have a hot plant here. Nina Johnston told Council that George Ochs, County Engineer, had been directed to work with the State to see if they could locate a site for a hot patch plant. Councilman Breasted reiterated that Main street was in terrible condition and that it would be worse by next winter. Mayor Standley said that the City of Aspen could take over Main street for $1,000 a mile but that this wouldn't even pay the plowing. City Manager Mahoney pointed out that the City would get highway 82 when we were over 5,000 population. Mayor Standley told Council at COG meetings every other County has exactly the same problems and complaints, and Mr. Prosence, state highway department, tells them they have no money and there is nothing the state can do. Mayor Standley suggested that City Manager Mahoney talk to the regional director, Mr. Hasse, to see if anything could be done City-wide 4) City-wide trash clean up. Mayor Standley asked Council to consider the idea of trash clean sponsoring a city-wide trash clean up in June where the City runs City trucks to pick up up everyone's trash at no charge. This would be a good to get all the trash that people don't want to pay to take to the dump. Councilman De Gregorio moved that the City have a trash clean up day; seconded by Council- woman Pedersen. City Manager Mahoney asked that it be clear that the City would pick up trash piled on the front corner or front lawn, that the City would not be emptying people's garbage cans. Councilwoman Markalunas said thaT the City should pursue certain areas in town that are perennial trash places. Mayor Standley suggested having the clean up June 7 and 8 and the pick up with the City trucks June 9. All in favor, motion carried. 5) Councilwoman Markalunas called City Manager Mahoney's attention to a teepee in Ute Ute cemetery Cemetery. Councilwoman Markalunas moved ~o have the teepee removed immediately; seconded teepee by Councilwoman Pedersen. Ail in favor, motion carried. 6) Councilwoman Markalunas advised Council that the pos5 office has announced that if Post office one takes curbside delivery, the pos~ office intends to raise the rates on the post office boxes by some 600 per cent. The post office also stated that until 400 boxes have been installed for delivery of mail, they will not deliver mail. Councilwoman Markalunas said this is the first time she had heard of the restrictions, that they had never been brought up in previous meetings with the post office. It was suggested that Councilwoman Markalunas and City Manager Mahoney work together to get this matter resolved immediately. 7) Councilman Breasted brought up the stop light at Main and Aspen. He indicated that Stop lights he felt it should be run on a button call. Councilman Walls said he felt the light should be synchronized with the light at Mill and Main rather than using an on-call button so that drivers would get used ~o stopping at that corner. Councilman De Gregorio suggested having the light operational during school hours only. Mayor Standley directed City Manager Mahoney to investigate the alternatives on operating the stop light. 8) Councilman Breasted mentioned changing Garmisch street name back to Center street. Garmisch - Councilwoman Markalunas suggested the question be referred to the Historical Society Center st. for their recommendation. The Council had passed a resolution that they would refer street name changes to the Historical Society. Councilman Breasted said the name was Center street for eighty years. 9) Councilwoman Pedersen said that an incredible amount of money was being spent every Xerox month on the Xerox machine, and for that amount of money it was not working very well. The copies are of poor quality. City Clerk reported that other copying machines were being investigated. 10) Councilwoman Pedersen reported that at Monday night's transportation committee meeting, Finance Director Lois Butterbaugh was going to do a presentation on the seventh penny and what those monies were to be used for. 11) Councilwoman Pedersen said from the Mall Commission minutes it appeared that they Mall were discussing street music. Councilwoman Pedersen pointed out that a decision on that subject was made two years ago by Council which was a good decision and the Mall Commission need no~ discuss it any further. 12) Councilman De Greqorio wished to publicly acknowledge his thanks to Councilmembers Jack Walls, Ramona Markalunas, and Jim Breasted for being what he felt were very good and consistent members of the City Council. 13) Councilman De Gregorio asked City Manager Mahoney for a report on the progress of Tennis the ta~nnis courts and the playing field at the Plum Tree Inn. City Manager Mahoney told Courts Council ~hat the base had been applied at the tennis courts, and they had been rough graded. They were now ready to apply the base material. Elam was here and they will apply the blacktop this week. Mahoney said the courts would be ready to pay on by July 1. City Manager Mahoney told Council that the courts were estimated to cost $45,000 but that the courts will be running about $65,000 for five courts. The Plum Tree, after consulting with other court owners in the area, decided ~o use a 3 inch base in order to get a guarantee from Elam not to destory the base because of the heavy freezing ~n this area. City Manager Mahoney said he had to get together with Parks Director Armstron. and Mayor Standley to determine a price for court usage. City Attorney Stuller questioned the status of the agreement with the Plum Tree Inn; have they s~gned the agreement. City Manager Mahoney said the Plum Tree hadn't really accepted the terms ye~. City Attorney Stuller said this should be settled before we go any further with the courts. Councilman De Gregorio asked about the playing field, pointing out that the Council had Playing budgeted $20,000 for this project. City Manager Mahoney reported that the excavating Field to lay pipe in order to deliver water to the playing field was done. This week the playing field would be graded and the City had a rock picker to clean the field Mahoney said that ~he field would be ready ~o play on, but he wasn't sure that you could play baseball and grow grass on the field at the same time. Councilman De Gregorio said that if the City had to chose to use men and equipment between these two projects, he would like ~o see them work on the playing field. Councilman Breasted asked what the arrangement with the Plum Tree Inn was for the tennis courts. City Manager Mahoney answered ~hat revenues from the enterprise would be used to pay the loan at the bank and the loan is to be paid off by November 1980. City Attorney Stuller pointed out that the Council would like to regulate the r~tes at the tennis courts so that it becomes a public utility. The price ~s not specified in the contract. Mayor Standley said that the price should be the same as the courts at Iselin Park. Mayor Standley told Council that Grant Fiedler had resigned from the Mall Commission. The City Clerk was directed to advertise this vacancy. FREUDIAN SLIP - Purchase and Sale of Liquor License Freudian Slip - purchase Albie Kern was representing Joe Reeds of Aspen, Inc., which is a Louisiana corporation, and sale Joe Reeds of Aspen is purchasing all the stock of the existing Freudian Slip corporation. All the appropriate documents had been submitted ~o the city clerk. Kern told Council that this sale would be a cash sale and all debts, obligations and creditors would be paid off. The City is a creditor for about $1,900 and this will be paid. The stock- holders will be Harold G. Faust III, Carl E. Hansford, Glen D. Bynum, Robert M. Day. Bynum will be the manager of the restaurant here. Mayor Standley asked if there were any outstanding debts on the property or any liens against it. Kern said there were some liens by banks for mortgage; these liens will be paid off at the time of closing. Leonard Oates, representing the selling corporation, told Council all debts by the corporation will be totally paid. Councilman Behrendt moved to approve the purchase and sale conditioned upon satisfaction of all outstanding debts; seconded by Councilwoman Pedersen. All in favor, motion carried. WEDUM-HYMAN - Outline Development Plan and Conceptual Subdivision Review Wedum-Hyman ODP and Conceptual Yank Mojo, Planning Department, presented this project to Council. The property contains review 95,000 square feet with an average slope of 17 per cent. In conformance with the density reduction the property is reduced 7,000 square feet. The proposal is to build nine units on the bank right below Gibson avenue overlooking Oklahoma Flats. Under PUD provisions, the zoning code allows groups of more than two units. The water main, which services Silver King, passes through the property. Mojo told Council the P & Z conducted an on-site inspection in early May. At the 0DP hearing the of the P & Z they went over their basic concerns; that parking be provided with access from Gibson or Lone Pine not to put any more traffic on Spring street; terracing of the bank to prevent erosion. Perhaps this development will be an improve- ment in terms of erosion and silt going into the Roaring Fork river. The project has been downgraded to occupy 88,000 square feet of the tract, this has to be verified by survey. Mojo had in his files a letter of statement from Title America. After the slope considera, tion, it was a unanimous decision of the P & Z that the site is appropriate for nine units. Councilman Behrendt asked if this site went under the present zoning less the density for the slope, how many private residences could be put there. Mojo answered nine private residences. Mojo said the zoning was R-6 under the original plan. In 1973 it was zoned R-15 and has carried through to the new zoning code R-15 with mandatory PUD. Mojo further told Council that the steepness of the bank was 35 per cent but if you use Gibson avenue to the property line the average of the slope is 17 per cent. Councilwoman Pedersen asked about the county planning to close off Gibson avenue, where would the access be. Councilwoman Pedersen also asked if there had been any input from the Smuggler Mountain Caucus. Bill Kane of the planning office told Council he had met with the Smuggler Mountain Caucus, that they have been working on a preliminary plan for the Smuggler Mountain area and they expressed concern about closing off Gibson avenue and diverting the traffic to Lone Pine road. Kane told Council there were peopl~resen~ to question the title for this property. Councilman De Gregorio asked how many bedrooms the units were and how many bedrooms total. Mojo told Council the units would be two and three bedroom and there would be 20 to 22 units totally. Councilwoman Markalunas asked where the open space dedication would be. Councilman Behrendt suggested using the 7875 line down to the river as open space. Mojo said that the open space dedication requires only 6 per cent of the land; using the 7875 line would be 35 ~o 40 per cent of the property. Mojo also told Council that there are two flood plains that are indicated on the maps. The regional flood line, the 100 year flood line is closer to the dwellings an the Oklahoma Flats area than the standards and to qualify for insurance, everything has to be built outside that line. Mojo pointed out that the current plan showed 21 parking spaces on the top of the site and six additional spaces down off of Spring street with an additional six on the north side of Spring street if they were needed. Councilwoman Markalunas said she thought an objective was to discourage traffic on Spring street. Mojo said these would be parking spaces for the units and would only be used if the Council and P & Z required more than 21 spaces. Mayor Standley opened the public hearing. Mayor Standley introduced a letter from Drummond Mansfield objecting to the Wedum-Hyman project because the area can't handle any more traffic, that the majority of residents do not want Spring street paved or widened, because of the nature of the stairways coming down from Gibson street the pedestrians from Silver King and Smuggler will start using the area, and a general concern about the ~ncrease of activity (noise, vehicles, traffic) in what is now a highly residential area. Mansfield stated he did not feel it would be an asset to the neighbor- hood and they would like it to be restricted to single family residents rather than cluster housing. Mansfield pointed out the developers claim they are leaving 80 per cent open space, looking at the plans points out that most of the open space will be occupied by automobiles and the adjacent tennis court and swimming pool at the bottom. Paula Meyer, a property owner in Oklahoma Flats, told Council that the change from R-6 to R-15 was brought about by the people who lived there by petitions because they wanted privacy and less density in the neighborhood. Meyer said it seemed to her that they were crowding everything up on the hillside and making the maximum use of the square footage. Meyer was also contesting this project on the basis that Wedum-Hyman was planning to use property that they don't own. Meyer said she had proof that she owned part of the property where Wedum-Hyman was planning on building. If the Wedum-Hyman people don't own all the land they claim, this would affect the density because it would cut down the size of the tract. Meyer told Council some of the property was lost and tax certificates were sold to Pitkin County who then issued treasurer's deeds and a title search should be done for this property. Randy Wedum told Council he had approached the title company on the ownership of the land through surveys and had a preliminary search done. The title company is supposed to make up a certificate of insurance which would guarantee that his client owns the property. City Atcorney Stuller pointed out that this loss of the contested property would effect the slope calculations. This would increase the average slope of the lot and reduce ~edum-Hyman the density. City Attorney Stuller also pointed out at conceptual review, a disclosure ~DP and of ownership by title commitment by a title insurance company must be submitted. Mojo Conceptual read a letter of title commitment from Transamerica Title. The letter did state there review were no apparent encumbrances against the parcels and stated the letter was for informa- tion purposes only and it is not to be construed as a complete or totally accurate title report. Mayor Standley said the conceptual review is not appropriate at this time because the background work hadn't been done, and decided to continue the public hearing because there were other landowners present. Herb Baldersen suggested that the planning department figure out how many individual houses could fit on this particular piece of property and then let Wedum-Hyman build that number. This might be a good compromise. Frank D'onofrio, representing the Volks property owners in the Oklahoma Flats area, brought up the soil erosion factor. The snow build up and rain would cause more diversior into specific areas of water which would create specific channels of water which would enlarge over periods of time. D'onofrio stated he didn't feel that the development would be an improvement as there would be no grass and the erosion would just keep gaining. D'onofrio also brought up the traffic on Spring street, stating there was a considerable amount already on Spring street. D'onofrio questioned the angle deflectIon of sun off glass panels and would it be detrimental in the sense of shining light off the houses in Oklahoma Flats. The problem of entry and departure onto Gibson avenue was mentioned, and the dangerous situation of the ice and snow on Gibson avenue was pointed out. Mary Mansfield questioned the area on the map that said, "trees to be removed". Mayor Standley told Mansfield the City had a tree ordinance and if any trees had over a six inch diameter, there was no way they would be removed. Wedum explained the glare of the solar collectors, the angle is related to the sun in the winter time which is 90 degrees an~ will not reflect back to the buildings but will refle¢ to the sun. In the summertime the collectors would not be used. Wedum said if everyone agrees that they don't like the parking down below off Spring street, that was fine with him as it was a tentative proposal.. The particular site has a few drainage problems right now and when the buildings are built, they will pu~ in concrete re-routing the water runoff. There will be only one or two trees removed and they are small Aspen trees. Wedum said he used the city map an~ another map and a legal description of the land and the title commitment company assured him they thought everything was fine. Wedum said he thought the cluster idea to create more open space is a valid idea and ~hat it works. Wedum would be willing to work out a re-adjustment of number of units if the land is not all his client's property. Julie Hane asked what ~he use of the land down by the r~ver would be. Wedum said his original idea was to cluster every%hing high on the hill and use the hill for solar collectors and ~he bottom area wou~ be open and used as a recreational area, common space for the people that lived theye. Julie Hane pointed out that the plans she saw had a bath house, swimming pool and tennis courts. Hane stated she was opposed to anything going in along the river. Mayor Standley closed the public hea¥ing. Councilman Behrendt asked Wedum to address the Council on the idea of the 7875 line and below concept and what the appearancelto the rest of the community of the large collectors would look like. Wedum said he had planned to form out the glass like the rest of the houses and make it tie-in with the architecture. Wedum said the giving the 7875 line and below was too much public dedication; he would be happy to work out dedication for trails etc., but all the flatlands is too much. Wedum said his premise was he felt cluster units were better than single family residences. Councilwoman Markalunas questioned the snow removal along Gibson avenue and pointed out that only five feet was allowed between the parking lots and the street area on the south side. Mojo said the actual mechanics of snow removal had not been addressed but some kind of agreement within the subdivision agreement could be worked out where it would be the responsibility of the subdivision to plow the snow and get it out. Councilman Breasted pointed out that Gibson and Park streets were the main artery from the east of Cooper street bridge to the hospital bridge. There is very little of those streets that is dedicated 60 foot right-of-way. Subdivision is an appropriate time to get a 60 foot right-of-way; that it is appropriate to obtain a 60 foot dedication along the portion of the property that includes Gibson avenue. There also should be a provision for a right-of-way along Spring street. Oklahoma Flats was never a properly subdivided area, and Councilman Breasted indicated he felt both areas of dedication should be investigated. There should be a recommendation made specifically to roadway right-of-way widths. Councilman Walls stated he had to objections to cluster-type ~f development, but before the Council goes through PUD all areas should be worked out, such as land dedicated, the right-of-ways, etc. Councilman Walls also said in view of the ownership controversy that it was premature for the Council to make any decisions on this project. Co'uncilman Walls moved to table the Wedum-Hyman conceptual review; seconded by Council- woman Markalunas. Councilwoman Pedersen listed her objections, (1) the question of ownership is resolved as it may affect the allowable density (2) further information be obtained on the relief of the following adverse impacts (a) increase of traffic on Gibson (b) access of parking area off Gibson (c) recreational uses may increase traffic on Spring street (d) erosion factor on the slope will be increased (e) adverse visual impact of solar collectors in the residential area (3) an on-site inspection with the structures stated should be conducted. Councilman Walls said he would include those con~uents in his motion; Councilwoman Markaluna seconded those comments. All in favor, motion carried. Mayor's deed MAYOR'S DEED Zicks Mayor Standley introduced a Mayor's Deed to Robert W. Zick for Lots K, L, and M, block 14, City and Townsite of Aspen, Colorado. Councilwoman Markalunas moved to authorized Mayor Standley to execute the Mayor's Deed; seconded by Councilman Walls. All in favor, motion carried. 700 Hopkins PETITION FOR ANNEXATION 700 Hopkins Petition for Annexation John Hayes presented the proposed annexation to the Council. The area is located on Hopkins avenue a~ Sixth street. The majority of the parcel is already in the city limits. Councilman Walls moved that if the City Attorney finds that the petition is in order, then the petition for annexation be accepted; seconded by Councilwoman Pedersen. Councilwoman Markalunas asked why not annex the whole block rather than do the annexing by piecemeal. John Hayes said this annexation is a technical requirement as a prerequisite to eventual subdivision of the property. These are existing units now and plan to be condominiumized mainly to change the financial arrangements. Councilwoman Markalunas asked.! if there was any reason not to annex the entire blocks rather than two lots at a time. City Attorney Stuller affirmed that unless the lot was an enclave, the annexation had to be initiated by the landowner. All in favor of motion to accept the petition, motion carried. Councilman Walls moved to read Resolution #25, Series of 1975; seconded by Councilwoman Markatunas. All in favor, motion carried. RESOLUTION ~25 (Series of 1975) Res.25,1975 WHEREAS, there has been filed on behalf of 700 Hopkins Avenue Apartments, 700 Hopkins a general partnership~ a Petition for Annexation of the following described ~Annexation tract: A tract of land situated in the SEW of Sec. 12, T10S, R85W of the 6th P.M., Pitkin County, Colorado, and being part of the Mary B. No. 2 lode mining claim, survey no. 19640, said tract is more fully described as follows: Beginning at a point on line 7-8 Aspen Townsite, being also on the Westerly line of Sixth Street whence the Northeast corner of Lot S, Block 19, City of Aspen bears N.14o50'49" E. 91.00 feet; thense N.55o18'18" W. 95.68 feet along said line 7~8 to a point on the Westerly line of Lot Q said Block 19; thence S.14°50'49" W. 41.49 feet along the Southerly extension of the Westerly line of said Lot Q to a point on the extension of the Northerly line of West Hopkins Avenue; thence S. 75°09'11'' E. 90.00 feet along said extension of the Northerly line of West Hopkins Avenue to a point on the extension of the Westerly line of Sixth street; thence N. 14o50'49'' E. 9.00 feet along said extension of Sixth Street to the point of beginning containing 2272 square feet more or less, and WHEREAS, said petition has been signed by George Madsen, General Partner, dated May 7, 1975, has been considered by the Aspen City Council, and has been found to be in substantial complaince with the requirements of Section 31-8-107(1) C.R.S. 1973, the Colorado Municipal Annexation Act, and WHEREAS, it is required by said Act that the Council determination of complaince of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Petition for Annexation dated May 7, 1975, signed by George Madsen, on behalf of 700 Hopkins Avenue Apartments, a General Partnership, be, and hereby is, determined to be in complaince with the requirements of Section 31-8-107(1) C.R.S. 1973, the Colorado Municipal Annexation Act; and 2. That it further be determined, and the City Council so finds, that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen, and that a community of interest exists between the territory proposed to be annexed and the City of Aspen; that the territory proposed for annexation is urban; and that the territory to be annexed is integrated with the City of Aspen; and 3. That the City Attorney present~ for consideration at the next regular meeting an ordinance appropriate to effectuate annexation; and 4. That the City Planning and Zoning Commission commence proceedings to rezone this tract at its earliest convenience. Councilman Walls moved to approve Resolution 925, Series of 1975, seconded by Council- woman Markalunas. All in favor, Councilman Behrendt abstained; motion carried. John Hayes mentioned to the Council a bridge that was offered for sale by J. H. Smith. There was a letter submitted with a ten-day option to see if the City could use this bridge in the bike or foot paths. This bridge is priced below market value. The bridg~ can span 60 feet. ~_/ ANNEXATION OF ENCLAVES Annexation Councilman Breasted suggested the Council look into annexing the enclaves within the of enclaves City. After looking at a city map and discussing the enclaves on the wes~ end of town, the Council decided to circulate petitions for Lots 4 and 5, block 1, Pitkin Mesa Subdivision; Lot 7, Filing lA, West Aspen Subdivision; and the odd tract westerly of Red Butte Road. Councilman Behrendt asked if the property had to completely be an enclave. City Attorney said it did not have to be totally surrounded. Council directed City Attorney to pick up all the properties on the west end that are totally surrounded. Councilman Behrendt moved to circulate a petition for annexation of those properties totally surrounded; seconded by Councilman Breasted. All in favor, motion carried. Councilman Behrendt made a motion to initiate petitions on Pitkin Mesa, over on Gibson area and the Herron Park area; seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE 931, SERIES OF 1975 0rd.31,1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley Statute of closed the public hearing. Limitations Councilman De Gregorio moved to read Ordinance ~31, Series of 1975; seconded by Councilman Walls. All in favor, motion carried. ORDINANCE ~31 (Series of 1975) AN ORDINANCE ADOPTING A STATUTE OF LIMITATIONS FOR CIMINAL PROSECUTION OF MUNICIPAL CODE VIOLATIONS, AND ESTABLISHING THAT PERIOD OF LIMITATIONS AS ONE (1) YEAR. was read by the City Clerk. ~ Councilman Walls moved to adopt Ordinance ~31, Series of 1975, on second reading; seconded by Councilwoman Markalunas. Roll call vote, Councilmembers Behrendt, aye; Walls, aye; Markalunas, aye; De Gregorio, aye; Breasted, aye; Mayor Standley, aye. ~ Motion carried. HOLY CROSS Holy Cross City Manager Mahoney remindsd Council the City had employed several consultants, lawyer~ , engineers, the City Attorney, City Economist, and City Manager to pursue various avenues to acquire the properties of Holy Cross. City Manager Mahoney said he would like the present Council and the future Council get together and review the alternative~ for Holy Cross and take some legislative action on this issue. The Council set up an executive session and special meeting for Tuesday, June 3, 1975, at 5:00 p.m. SKI CORP RATE INCREASE Ski Corp rate increase - City Manager Mahoney introduced a letter he had written to Mr. Thomas Evans of the administrative Forest Service and requested Council's endorsement of the letter. City Manager Mahoney appeal said it was his belief that the recent ski tow pricing allowance by the Forest Service is in the public interest. It is further his belief that the process to come to this decision was not proper. Mahoney said he was not contesting the decision itself, he was contesting the way that the Forest Service arrived at this decision. City Manager Mahoney told Council how his actions had come about, that he had talked to Zane Smith of the Forest Service in Denver. The Forest Service had been aksed to reach a reasonable price for tow tickets without the expertise or facilities to do so. The public was asked to accept that decision without the disclosure of information as ~o how they reached the decision. City Manager Mahoney further told Council that he would like to first send this letter to Thomas Evans informing Evans that the City does not agree with his decision. On reply from Mr. Evans, Mahoney would like permission to pursue this issue to additional levels, which is the City's administrative recourse. The City would like to get this issue to the national level where it would get the expertise it deserves. Councilman Behrendt told~C~ouncil he was not questioning the City's participation, because he thinks the City should, but he did object to the last two paragraphs on page two. The City is questioning .the means by which the price is determined or approved and these paragraphs sound like the City has come to a preemptory conclusion. City Manager Mahoney said that the deletion of these two paragraphs would not hurt the letter. Mayor Standley explained that Lucas, the regional Forest Director, had put together a formula for ski area pricing. Using this formula , the figures indicated on page two were arrived at. Mahoney told Council that he was asking that once this letter was sent to Mr. Evans, he would like to pursue administrative review be required. Councilwoman Markalunas asked how expensive this review would be, would it require trips to Washington to lobby for Ski Corp rate this, what the ramifications are? City Manager Mahoney answered he really didn't know increase what this would entail, but he did not anticipate any trips to Washington. Mahoney told administrati~ Council he would need some City staff time to assist him. Mayor Standley told Council %_~appeal he and Mahoney had talked to Zane Smith and Tony Accetta, who is in the State Attorney General's office, and this procedure was recommended by them to help the Forest Service as well as the City bring about an understanding of what is going on. The State Attorney General's office is still looking into the whole area of price fixing, and they felt that the City is the logical entity to pursue this issue. Mahoney said he believed that the City pursuing this question would have a greater impact on the Forest Service than if groups of private citizens pursued this. Councilman Behrendt said that City Manager Mahoney is proposing that there are ways of looking at the Ski Corp raises that would be intelligently based. Councilman Behrendt said he felt the public deserved that kind of feedback information. The City should press the Forest Service to come up with a substantial method of reviewing the price question. Councilman Breasted said he felt this was a very strong position on the part of the City. Councilman Breasted questioned what the City's standing was in the whole issue and said he didn't think it was any of the City of Aspen's business. Councilman De Gregorlo disagreed because the City Council represented a lot of people in the city, and some groups of these people want the Council to take some kind of action. Councilman Breasted asked that the case be made clear to him that the City of Aspen should take a position about ski rates. Mayor Standley pointed out that this process exists so that there is some administrative relief, anyone that is being impacted has the right to that relief. Mayor Standley said we had the enabling opportunity to react to this particular problem. City Manager Mahoney said the City hadn't objected because between $10 and Sll there is an impact on the tourists, but there is some point, if the Ski Corp is arbitrarily allowed to pursue this perhaps the price will be $15 and then the tourists would be impacted. This would reduce the number of visitors, which would affect the restaurants and shops. Mayor Standley agreed that we should be protecting the City's revenue base. There would be less people spending less money, but the Ski Corp would be making the same money. Councilman Walls said he could appreciate the situation of reviewing the review process by which rates are established. The City Council should not come out for or against a lift rate, that is none of the City's business. The basis on which the decision to increase the rates was made is a legitimate situation. The City has the recourse, let the City find out on what basis the increase was made and if it was justified. Council- man Walls questioned how far the City could go in telling someone who is in business for themselves what they can make and what they can't make. Mayor Standley said the point is that the City is not contesting the right of the figure, hut the process used to arrive there. The way to do that is say, until you justify your decision don't make the decision. The Ski Corp and the Forest Service should bear the burden of proof. Councilwoman Markalunas moved to approve that the letter be sent to Mr. Evans striking the last two paragraphs from page two; seconded by Councilman De Gregorio who asked that the pursuit of administrative appeal be added. Councilwoman Markalunas agreed to add that to her motion. Councilwoman Pedersen asked why the Council could not have Zane Smith, of the Forest Service, and Tony Accetta, to a Council meeting and address them directly. Councilwoman Pedersen also stated that if there were an inter-departmental problem within the Department of Agriculture, and if the formula was wrong, the change should come within the Department. Councilwoman Pedersen said she didn't understand why the City was upset about 10 per cent of $10, while at the same time lobbying in Denver to get 7 per cent of $11. Mayor Standley said the City was not upset about the price raise but the process to determine that raise. City Manager Mahoney explained that City the understood the process to obtain the 7 per cent; it is documented why the City needs the 7 per cent and where it is coming from. The City does not know why the Ski Corp needs the $1. The $1 increase will not impact all the retail business in town, but at some point the price increases will. Councilman Behrendt said the City ought to re-write the letter and attack the problem more honestly and directly. Councilwoman Pedersen agreed and said a letter should be written to the Department of Agriculture and tell them that the City does not like the formula and would like an explanation. Mayor Standley said that a formula had not been used. For this years' price increase, they used nothing. The City had asked for guide- lines and had not gotten any. Mayor Standley pointed out that the City only had thirty days for administrative appeal. Councilwoman Pedersen asked City Attorney Stuller if the administrative review was a findings-type area. City Attorney Stuller said the whole question of whether or not the City had the standing to appeal is moot. Probably as a ma~ter of law, the City is not an aggrieved person to prosecute this appeal. City Attorney Stuller said she would like an opportunity to look at the Forest Service appeal procedures to see what they entail. Councilwoman Pedersen said she would like a memo from the City Attorney addressing this issue. Mayor Standley said talking to Tony Accetta about this convinced him that the City had the right to appeal and if the Council didn't act tonight, we would loose that right because the thirty days would be up. Councilwoman Pedersen pointed out that this letter was given to her a 4:45 p.m. this date, that this is an important, large, far-reaching decision and she resented the way in which the letter was presented. Councilwoman Pedersen said she would like to have City Manager Mahoney write another letter and would like to see it before it is mailed. Councilman Breasted agreed, stating this was a serious question and the Council should have time to digest it. City Manager Mahoney explained that there are deadlines the City must follow and the question of administrative appeal did not come up until the end of last week and the letter was written over the weekend. Councilwoman Pedersen stated that this is important and she would like to see the Council do it right and honestly. City Manager Mahoney said if the motion on the floor was not successful, he would address this problem in a special meeting of Council. Councilmembers Walls, Markalunas, De Gregorio, Mayor Standley in favor of the motion; Councilmembers Pedersen, Behrendt, Breasted opposed, motion carried. ORDINANCE #33, SERIES OF 1975 Mayor Standley opened the public hearing on Ordinance #33. There were no comments. Ord.33,1975 Mayor Standley closed the public hearing. Police Dept. Pay schedule Councilwoman Markalunas moved to read Ordinance #33, Series of 1975; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE #33 (Series of 1975) AN ORDINANCE ESTABLISHING A PAY SCHEDULE FOR ALL POLICE DEPARTMENT EMPLOYEES WHICH SCHEDULE ESTABLISHES MINIMUM AND MAXIMUM SALARIES FOR EACH POSITION CLASSIFICATION AND AUTHORIZES THE CHIEF OF POLICE TO PAY ANY EMPLOYEE A SALARY WITHIN THE GIVEN MINIMUM AND MAXIMUM AMOUNTS; FURTHER PERMITTING THE CHIEF OF POLICE TO AUTHORIZE PAY INCREASES AT ANY TIME WITHOUT REGARD TO STATUS OF THE EMPLOYEE OR LENGTH OF SERVICE; AND FINALLY REESTABLISHING THE LONGEVITY INCREASES OF THREE (3%) PER CENT AND ONE-HALF (½%) PER CENT AS PRESENTLY REQUIRED BY THE MUNICIPAL CODE was read by the City Clerk. Councilman De Gregorio moved to adopt Ordinance #33, Series of 1975, on second reading; seconded by Councilwoman Markalunas. Roll call vote, Councilmembers Walls, aye; Council- woman Pedersen, aye; Councilwoman Markalunas, aye; Councilman De Gregorio, aye; Council- man Breasted, aye; Councilman Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #35, SERIES OF 1975 0rd.35,1975 Mayor Standley opened the public hearing on Ordinance #35, Series of 1975. There were no 6th penny to comments. Mayor Standley closed the public hearing, land Councilman Walls moved to read Ordinance #35, Ser~es of 1975; seconded by Councilwoman acquisition Pedersen. All in favor, motion carried. ORDINANCE #35 (Series of 1975) AN ORDINANCE APPROPRIATING FIFTEEN HUNDRED ($1,500.00) DOLLARS TO THE LAND ACQUISITION AND IMPROVEMENT FUND WITH UNAPPROPRIATED REVENUES FROM Cth PENNY SALES TAX was read by the City Clerk. Councilwoman Pedersen moved to approved Ordinance #35, Series of 1975, on second reading seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pedersen, aye; Markalunas, aye; De Gregorlo, aye; Breasted, aye; Behrendt, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. CITY ATTORNEY 1. City Attorney Stuller informed Council that Capitol Improvements is suing the City Capitol on the water extension. City Attorney asked Council if she could accept service for Improvement the Council; Council agreed, suit 2. City Attorney Stuller told Council she would be mailing a set of Health Board Health board regulations that the Council would be asked to enforce ~nasmuch as they designated regulations the Council the Health Board for the City of Aspen. 3. City Attorney Stuller told Council she had a request from the City's water attorney, Interlocutory John Musick. Musick has been requested to stipulate in an interlocutory decree on the decree to Twin Lakes litigation. The Homestake tunnel has collapsed, and the cities of Colorado give some Springs and Aurora are in desparate need of water. Some of their water supply is water to presently under litigation from the Twin Lakes water supply. Musick has been requested eastern to allow these cities to use as much water for the year 1975 as is represented by 5,000 slope shares of the Twin Lakes company. This is approximately 10 per cent of the water that is under litigation right now. Essentially, this is allowing people to use the same transversion system but allowing domestic use of agricultural water. Musick feels that the Court will probably allow the decree due to the problem these cities are having. Musick would like the Council to agree to the stipulation because he feels it is a gestu~ he may benefit from an the future. Councilman Walls asked if we allowed these cities to take water, would that establish a situation in which they might permanently take the water. City Attorney Stuller answered that an interlocutory decree will provide that the City will waive no right to any claims that the City is asserting; and the decree will terminate at the end of this calendar year. Councilman Walls asked if this would be activated as an emergency move only. City Attorney Stuller confirmed that. Councilwoman Pedersen asked if this took any more water Out of the Roaring Fork. City Attorney Stuller answered that it changed the agricultural use to domestic use. They want to do this now because the water is very high and they want to capture it. City Attorney Stuller told Council she had seen a copy of the suggested decree and it does not undermine any of the City's contentions. Councilwoman Markalunas moved to adopt the interlocutory decree on the basis that it does not go beyond this year and does not establish precedent; seconded by Councilman Walls. Councilman De Gregorio said he felt if the City did this, it must establish precedent. All in favor, with the exception of Councilman De Gregorio, motion carried. Thomas THOMAS PROPERTY ANNEXATION Property annexation City Attorney Stuller told Council there were two steps to this annexation. First, Council would authorize Mayor Standley to sign the Petition for Annexation; second, adopt a Resolution supporting this annexation. City Attorney Stuller explained that the last time this annexation was proposed, a lot of this land was under private ownership. In a memorandum submitted by Stuller, it was explained that when property is entirely owned by a city, one need not assert any allegations of urbanization. Councilman Walls moved to authorize Mayor Standley to sign the Petition for Annexation; seconded by Councilwoman Markalunas. Councilman Walls questioned the use of this land. City Attorney Stuller told Council that they must direct the Planning and Zoning Commission to come up with recommended zoning for this land. The Council can either adopt one of the existing districts in the code or a more restrictive zoning as an alternative. Councilman Walls pointed out that the Midland right-of-way cuts right through this property. The City originally bought this property for open space with the provision of having this area used for a right-of-way either for the highway, trails, or transit. City Attorney Stuller reminded Council there is a zoning district Park/Transportation for transportation uses as long as this does not ,~ominate the park. Mayor Standley suggested having a work session with the P & Z to rezone this property. Councilman Walls wanted to make sure that this property is not zoned totally open space because the original discussions on this property included some form of transportation on this land. Councilwoman Markalunas pointed out it is stated on the plat that the Thomas Property was not purchased for strictly open space. City Attorney Stuller concluded that the Council wanted the highway, transit or other trans- portation uses included in the zoning. Councilman Breasted objected to the survey certificate on this map. He would like the engineering department to survey the property and set the corners. All in favor, motion carried. Councilwoman Markalunas moved to read Resolution 924, Series of 1975, seconded by Council- man De Gregor~o. All in favor, motion carried. RESOLUTION ~24 Res.24,1975 (Series of 1975) Thomas Property WHEREAS, there has been presented, to the City Council for its consideration, Annexation a Petition for Annexation concerning the following described property located in Pitkin County, Colorado, to wit: A parcel of land in the SW¼, Sec. 12, T10S, R85W of the 6th P.M., Pitkin County, Colorado, comprising parts of Lots 8, 9, 10 and the SW~SW~ more fully described as follows: Beginning at a point on the Line 6-7 of the Original Aspen Townsite said point being S.07°53'16'' W. 989.20 feet from the Original Aspen Townsite Corner No. 6, said point 'also known as North Annexation Point No. 1; thence along the present city limits N.75°09'11" W. 627.10 feet to North Annexation Corner No. 3; thence 533.18 feet along the city limits and northerly right-of-way line of State Highway 82 around the arc and whose chord bears S. 89o38'55'' W. 526.95 feet; thence S.74°27' W. 272.30 feet along the city limits and northerly right-of-way line; thence 842.66 feet along city limits and the northerly right-of-way line around the arc of a curve to the right with a radius of 1096.00 feet and whose chord bears N.83°31' W. 822.05 feet to a point bearing S.14°16'10" E. 247.04 feet from the west one-quarter corner of Sec. 12, T10S, R85W of the 6th P.M. (a 1954 brass cap in place); thence S.28o30'06" W. 100~00 feet to a point of intersection with the southerly right- of-way line of State Highway 82, also being the easterly right-of-way line of Castle Creek Road said point bears S.10°32'20" E. 332.91 feet from the west one-quarter corner of Sec. 12; thence S. 16o36' E. 135.87 feet along the easterly right-of-way line of Castle Creek Road; thence S.20o54' E. 2006.31 feet along the easterly right-of-way line of Castle Creek Road; thence S.32o10' E. 67.10 feet along the easterly right-of- way line of Castle Creek Road; thence N.18o14' E. 1107.77 feet; thence N.25°28' E. 715.83 feet; thence N.21°47' E. 282.37 feet; thence N.10°51' E. 90.71 feet to the southerly right-of-way line of State Highway 82; thence 63.25 feet along the southerly right-of-way line of State Highway 82 around the arc of a curve to the right with a radius of 905.00 feet and whose chord bears S.77°08'52'' Eo 63.23 feet; thence N.14°50'49'' E. 20.00 feet along the southerly right-of-way line of State Highway 82; thence S. 75°09'11'' E. 636.86 feet along the southerly right-of-way line of State Highway 82 to a point on the westerly line of the Original Aspen Townsite said point being S.07°53'16" W. 1069.79 feet from the Original Aspen Townsite Corner No. 6; thence N.07°53'16" E. 80.59 feet along the Line 6-7 of the Original Aspen Townsite to the point of beginning, containing 39.203 acres more or less. WHEREAS, said Petition has been determined by the City Council to satisfy - the requirements of Section 31-8-107 of the Colorado Municipal Annexation Act, and WHEREAS, it is required by said Act that the Council determination of the substantial complaince of an annexation petition be by Resolution and therefore of record, NOW, THER~FORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Petition for Annexation of the above-described property having been submitted to the City Clerk shall be, and hereby is, determined to be in complaince with the requirements of Section 31-8-107, C.R.S. 1973, the Colorado Municipal Annexation Act. 2. That it further be determined, and the City Council so finds, that not less than one-sixth (1/6th) of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen; that nothing prohibited by Section 31-8-105 will occur as a result of the annexation; that the proposed annexation will not result in the detachment of territory from any school district; and that the property proposed to be annexed is owned by the City of Aspen and is not solely a public street or right-of-way, all of which conditions make the tract eligible for annexation by ordinance (without prior notice and hearing) as prescribed by Section 31-8-106(3) C.R.S. 1973. Councilwoman Markalunas moved to adopt Resolution ~24, Series of 1975; seconded by Council man De Gregorio. Councilwoman Markalunas questioned annexing the highway in order to gain contiguity. City Attorney Stuller said the City was not annexing the highway. Councilwoman Markalunas said this property is not contiguous with the city. City Attorney Stuller asked where the contiguity line was on the map. Councilwoman Markalunas said the northerly line of the Thomas Property was the city limit line. City Attorney Stuller affirmed the City could annex the right-of-way as long as it was not the only thing being annexed; a public right-of-way does not bifurcate property for purposes of contiguity. Councilwoman Markalunas asked if the contiguity requirements were satisfied as the contiguity line on the map is the north side of highway 82 which connects with the golf course property. Councilman Behrendt made a substitute motion ~o table this item until that question was resolved; seconded by Councilman De Gregorio. All in favor, motion carried. RESOLUTION ~20, SERIES OF 1975 Res.20,1975 Councilman De Gregorio moved to read Resolution #20, S~ries of 1975; seconded by endorsing Councilman Behrendt. All in favor, motion carried. Quicksilver service RESOLUTION #20 (Series of 1975) WHEREAS, Aspen Airport Transit Company, Inc. d/b/a/ Quicksilver L£mosine Service, located at Sardy Field, Pitkin County, Colorado, has filed an application with the Colorado Public Utilities Coramission for authority to operate as a common carrier for the transportation of passengers and their baggage between points within a seventeen (17) mile radius of the intersection of Castle Creek Road and Colorado State Highway 82, and operate as an historic tour of Aspen, and to Leadville, and return via Colorado State Highway 82 and U. S. Highway 24; and WHEREAS, a prime objective of the Aspen City Council is to provide for the public convenience and yet reduce the use of and dependence on the private automobile; and WHEREAS, the City Council feels that the proposed service will enhance these objectives and wishes to endorse the pending application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does support the application of the Aspen Transit Company, Inc. d/b/a/ Quicksilver Limousine Service, and urges the Public Utilities Commission to promptly grant this authority. was read by the City Clerk. John Darby, Aspen Cab Company, told Council that the PUC had certain criteria on which to base their decisions. One of these criteria is the protection of the capital invest- ment of other carriers. The transportation business in which competition ~s not necessarily in all cases healty because it is marginal. This particular situation would allow the introduction of another carrier if it were demonstrated that the present carrier was inadequate. Darby felt that endorsement of the Quicksilver Limousine would carry such an implication, and.he felt the endorsement was inappropriate because of the way it would be used. Darby also pointed out if this permit were issued, there would be three active permits allowing transportation to and from Sardy field. Quicksilver is actually asking for a permit which will compete with the permit they are presently leasing. The division of revenues will automically diminish the value of the existing permits. The Pitkin County Commissioners have failed to appeal this permit, and have actually endorsed an application which would compete with the one which they are holding. Darby asked the Council to at leat withhold any action on this endorsement until the County Commissioners are given an opportunity to reconsider their previous endorsement. Regular Meeting Aspen City Council May 27, 1975 Councilwoman Pedersen asked what exactly this endorsement and permit application did to the existing PUC licensees. City Attorney answered that it takes away some of the exclusive territory. Quicksilver is asking for an expansion of their own service to the detriment of existing services. Darby pointed out that Quicksilver is not asking for an expansion of anything because they do not presently own a permit. Councilwoman Markalunas asked what the City's remedy for getting improved service was; would the City complain to the PUC. Darby said yes. Councilwoman Markalunas also asked if the cab service could purchase more aesthetically pleasing vehicles to improve it and was that financially possible? Darby said that he felt the cab company's service had ~mproved immeasurably over the years but that the diversion of revenues would hurt the cab company to the point where the quality would go down. Councilman Behrendt said he was aware of the Aspen Cab Company's background problems; however, the competition never showed up late. Councilman Behrendt indicated he felt the competition would be healthy. Councilman Walls said he had received continuous complaints about the cab company's service. If the City of Aspen can get improved service by this endorsement, then Councilman Walls said he was for it. Councilwoman Pedersen made a motion to table this Resolution. There was no second. Motion dies for a lack of a second. Councilman De Gregorio moved to adopt Resolution ~20, Series of 1975; seconded by Councilman Walls. All in favor with th~ ~_xception of Councilwoman Pedersen, motion carries.~ RESOLUTION ~23, SERIES OF 1975 Councilman De Gregorio moved to read Resolution #23, Series of 1975; seconded by Council- woman Markalunas. All in favor, motion carried. Res.23,1975 Commending RESOLUTION ~23 VICA (Series of 1975) WHEREAS, the Vocational Industrial Clubs of America (VICA) is a national organization of individuals involved in co-education secondary and post secondary vocational industrial education, including students in trade, industrial, technical and health education courses that are vocationally and occupationally oriented, and is the only national organization whose purpose is to serve vocational industrial yourth, and WHEREAS, at the State Convention for Vocational Industrial Clubs of America in Denver held April 25, 1975, the VICA conducted Opening and Closing Ceremonies, the procedure by which a VICA meeting is brought to order, business conducted, and the meeting closed, and various groups competed and were judged on speech, dress, group consideration and upon each students' ability to properly present himself to a group of people, and WHEREAS, Dennis Davis, Clark Jones, Mike Spaulding, Harold Nelson, Neil Palazzl, Jim Palazzi and Tim Herwick, wi.th the group advisor, Wendell Coates, all of Aspen High School, won first place in the Opening and Closing contest at the Colorado State Convention, and are scheduled to fly to Washington, D.C. on June 22nd to compete in the national contest, and WHEREAS, the Aspen City Council wishes to acknowledge this achievement and support this group at the up-coming national contest, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby congratulate Dennis Davis, Clark Jones, Mike Spaulding, Harold Nelson, Neil Palazzi, Jim Palazzi and Tim Herwick on their recent victory and offer its encouragement and good wishes in their participation in the Opening and Closing Ceremonies at the National VICA Convention. Councilman De Gregorio conveyed the thanks of the students involved in VICA to the Council. Finance Director Butterbaugh told Council she had found some funds to give to the students for their trip to Washington D.C. Councilwoman Pedersen moved to adopt Resolution ~23, Series of 1975; seconded by Council- man De Gregorio. All in favor, motion carried. Finance Directory Butterbaugh told Council that due ~o the change in personnel and in salaries in the City Manager's office, City Manager Mahoney has agreed to let Council consider giving $100 to VICA. Councilman Behrendt moved to accept the City Manager's offcer of $100; seconded by Councilman De Gregorio. All in favor, motion carried. 0rd.36,1975 ORDINANCE #36, SERIES OF 1975 Appropriatin¢ funds to Councilwoman Pedersen moved to read Ordinance #36, Series of 1975; seconded by Councilman water Walls. Councilman Walls questioned exactly what the money was being spent on. City Attorney Stuller said there was an excess in our water attorney's bill. $32,000 has been paid to Vranesh and Musick, half paid by the city and half paid by the county. Councilman Walls questioned systems upgrade overages services. Butterbaugh explained that this was an overage on the systems upgrade line item. The $10,000 for the hydrant replacement plan is the same type of improvement service. All in favor, motion carried. Regular Meeting Aspen City Council May 27, 1975 ORDINANCE #36 (Series of 1975) AN ORDINANCE AUTHORIZING THE EXPENDITURE OF UNAPPROPRIATED WATER PLANT INVEST- MENT FEES IN THE AMOUNT OF THIRTY-FIVE THOUSAND THREE HUNDRED FORTY-FIVE ($35,345.00) DOLI~ARS FOR EXPENDITURE ON WATER CAPITAL PROJECTS. was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~36, Series of 1975, on first reading; seconded by Councilman Walls. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; Markalunas, aye; De Gregorio, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. Councilman Walls moved to adjourn the regular meeting at 8:55 p.m.; seconded by Council- man Behrendt. Ail in favor, motion carried. Kathryff S. Hauter City Clerk