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HomeMy WebLinkAboutminutes.council.19750728Regular Meeting Aspen City Council July 28, 1975 Mayor Standley called the meeting to order at 1:04 p.m. with Councilmembers De Gregorio, ~ Wishart, Johnston, Parry, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Johnston moved to approve the minutes of the regular meeting July 14 and th~ special meeting July 21, 1975; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1) Fred Pearce addressed the Council about the dog code being revised. Pearce said the barking dog ordinance is written towards the complainant's point of view. It becomes Barking dog the dog owners word against the word of the complainant. Mayor Standley suggested ordinance modifying the code so that unless a dog catcher or police officer responded, the complair would not be heard in Court. Mayor Standley said he would have the City Attorney, Chief of Police, Municipal Judge and dog wardens get together and work on this ordinance. 2) Georgia Layton told Council shs was very concerned about the cats in this area not being taken care of by the dog wardens. Layton said she was worried about cats freezing ass in the winter and asked that the Council consider this question before winter. Layton told Council the dog pound did not have a contract to keep cats. The estimate is about five cats a week would be taken to the pound. Mayor Standley said he would have the City Attorney and Chief of Police look into this when they considered the barking dog ordinance. Councilmembers Behrendt and Pedersen came into Council Chambers. COUNCIL~MBER COM~{ENTS 1) Councilwoman Johnston suggested having the city clerk and City Attorney review liquor license application files and summarize the lease, financial statements and other Liquor license required data for the Council. This would eliminate duplicating the entire file for files Council agenda packets and would also simplify the procedure. Council agreed. 2) Councilwoman Johnston brought up having Colorado Day as a holiday for City employees Colorado rather than Veteran's Day. The County has Colorado Day as a holiday. Councilman Day De Gregorio indicated he felt Veteran's Day was a more important holiday. Mayor Standley pointed out this change would require an ordinance to change the Municipal Code. Mayor ._~ Standley told City Manager Mahoney to have the staff discuss this and let Council know how the staff feels about changing the holidays. 3) Councilwoman Pedersen asked that the Council be informed when the meeting with super- market representatives would be so that any Councilmembers interested could attend. 4) Councilwoman Pedersen asked if anything could be done about the stop light timing on Stop lights Main street. City Manager Mahoney said this stop light at Main and Aspen should be green Main street at all times unless pressured by a car from the side streets. 5) Councilman Behrendt brought up a letter sent to the Council from the West Side Improve West Side ment Association. Council has received similar letters in the past; Councilman Behrendt Improvement said he would like a copy of the response. Councilman Behrendt said he was interested Assoc. in the proposal from the W.S.I.A. as a possible solution and would like a follow up from the building inspector and City Manager. . ~ 6) Councilman Behrendt asked at what point the City was in undergrounding. City Manager Mahoney suggested to Council having a study session on this subject after he had had meet- ings with the electrical people. 7) Councilman Behrendt brought up the annexation and condomin±umization of the property 700 West at 700 West Hopkins and told Council he had received calls from people who lived there and Bopkins wanted to buy the units asking that Council do everything possible to fight it. Council- man Behrendt stated he was opposed to what the developers were attempting to do and felt they were misusing the City's codes. Councilman Behrendt moved to add Molterer Sports canopy to the agenda; seconded by Council- man Wishart. All in favor, motion carried. 8) Mayor Standley gave Council a report on the COG meeting he had attended recently. An COG meeting emergency medical services gran~ was denied for Regions 11 and 12. Regions 11 and 12 were given money to do a study on emergency medical services; the grant was turned down repor~ because there was no emergency services study. At this COG meeting, they were approving a west Eagle county socio-economic study to be paid for by Kemp Company. The proposed study area included Basalt and Old Snowmass. There Ks a plan for a paved road through Eagle, woods Lake, Thomasville and Norrie. This would, in effect, make Basalt and Old Snowmass a bedroom community for the proposed ski area, Adam's Rib. Mayor Standley asked that this item be tabled for thirty days so that Pitkin County officials can study it. MOLTERER SPORTS CANOPY Molterer Mayor Standley reminded Council this issue had been going on in excess of one year. The Sports Council had received a memorandum from the City Attorney outlining the question. In Canopy negotiations, the recommendation has been that Molterer Sports cut back the canopy to the edge of the sidewalk but be allowed a 2 foot overhang. Mayor Standley said he felt that was a fair and logical way of handling the dispute. A respresen~ative of the Magic Pan was present and stated the Magic Pan strongly objected to this compromise. They would like to see the awning cut back to the sidewalk as originally proposed six months ago because the awning does obstruct the Magic Pen's s~gn ~ from the view of anyone approaching from the west. Councilwoman Johnston asked if the overhang of the canopy were only 2 feet would it still obstruct the Magic Pan. Mayor Standley answered he had gone to look at the canopy and the signs and did not feel that it would obstruct che Magic Pan. Mayor Standley added he felt this was a fair and equitable sclution. Attorney John Wendt wanted it understood that both the criminal and civil actions will be dismissed when there has been compliance with this agreement. Councilwoman Pedersen moved that the awning be allowed to encroach 2 feet on the public right-of-way with the usual encroachment agreements and upon compliance that the city will consider dropping the criminal and civil suits against Molterer; seconded by Councilman Wishart. City Attorney clarified ~yf~r elements, to. be conceded, to (1) this is a license (2) they h ave to maintain it (3) ve to indemnify the City or provide insurance at the City's request as per the earlier letter signed by Mr. Molterer (4) there should be a time limitation to take care of the canopy. Complaince will be no later than i September 1975. Councilman Behrendt said the City and Molterer Sports were in agreement with this com- mon,se, what about the Magic Pan. Mayor Standley stated it was his feeling that Molterer ~ports was making a substantial cut bak of 6 feet. Councilwoman Johnston questioned the policy of this issue; originally it was not a Council decision but was to be worked out between the Magic Pan and Molterer Sports. Now the issue is back to the Council. Mayer Standley pointed out that the City had taken Molterer Sports to Council because the City is the plaintiff as the canopy encroaches on City right-of-way. Councilwoman Johnston sai~ she felt ~he Magic Pan is the aggrieved party, and they should have some part in this agreement. All in favor, with the exception of Councilwoman Johnston; motion carried. ASPEN ARCADES ENCROACHMENT Aspen Arcades Encroachment Don Fleisher presented drawings to Council and explained that he was putting in a new basement in the Aspen Arcades building. Originally he had asked the building department if he could include an existing coal shute in the basement. He had framed this coal shute out. Fleisher was asking Council for a sub-surface enroachment under the sidewalk for an existing coal shute. Building Inspector Meyring explained that the water service for Aspen Arcades is in the coal bin. The Aspen Arcades will be using this to get to their water service. That is Why th~ building department chan~ed their minds about having the coal bin filled in. Fieisher explained that the sidewalk would be capped off in the same manner whether he w as allowed to use the coal bin or not. The question is whether Aspen Arcades be allowed to use this space under the sidewalk, which amounts to approximately 190 square feet, or fill the space ~n. Councilman De Gregorio moved to grant the encroachment provided that the building inspector can work out with Fleisher compliance under the building code; seconded by Councilman Behrendt. Councilman Behrendt added that the usual encroachment agree- ments with the City Attorney be ~included. All in favor, motion carried. CENTENNIAL PARK - Conceptual Subdivision Review Centennialpark This project had been table~d from the previous Council meeting because Council felt'~the Conceptual dining room could be easily converted into a second bedroom. The applicant had revised Subdivision the floor plan and the floor plan had been endorsed by the planning office due to the Review significantly altered interior design. Councilman De Gregorio moved to approve conceptual subdivision review; seconded by Counc~ L- woman Pedersen. All in favor, motion carried. MAGNIFICO LIQUOR - Purchase and Sale Magnifico Mayor Standley opened the public hearing. City Clerk reported that the files, posting Liquors and publication were in order. David Slemon, representing the buying corporation, told Council that the present corpora- tion was selling all of its assets to Magnifico Liquors of Aspen, Inc., which is a newly formed Colorado corporation. The c~sing for this purchase and sale will be August 1, 1975. Slemon told Council approval of the liquor license transfer is a condition of that closing. The lease and assignments will be fully executed at the time of closing. Leonard Oates, attorney for the selling corporation, and Alan Lauer, president of the new corporation, were present to answer any questions Council might have. Council questioned whether the s~lling corporation might not turn around and apply for another package liquor license. Slemon told Council that Magnifico, Inc., will be liquidated after closing and as part of the transaction there is a covenant which forbids Magnifico, Inc. from competing in the same type of liquor license for a period of five years in Pitkin County or Aspen. Councilman De Gregorio raised the question of the relationship between Marilyn Freimuth, who will own 25 per cent of the stock of the new corporation, and Robert Freimuth, who already has an interest in Galena Street Eas~. Slemon told Council he understood that either Robert Freimuth or his father loaned Marilyn Freimuth money to buy the stock of the new corporation. Slemon told Council that ak closing Marilyn Freimuth would own her own stock free and clear of any pledges or obligations. None of the stock or assets of the new corporation will be pledged or involved in the inter-family loan. Mayor Standley said his personal feeling is that Council should table this until Council could talk to Marilyn Freimuth. It looks like an attempt to get into two liquor license~ businesses in town by Robert Freimuth. Mayor Standley pointed out that the officers of the corporation did not even know Marilyn Freimuth. City Attorney Stuller read relevant parts of the state statutes which outlined that it is illegal for anyone with an interest in a liquor license to be directly or indirectly involved with funding another liquor license. City Attorney Stuller said she felt Counci should be presented with an affidavit or some evidence that this was not the intent or purpose of this particular funding operation. Slemon pointed out that there is no loan from Robert Freimuth to the liquor license holder, Magnifico Liquors of Aspen, Inc. Slemon also stated that the second part of the statute forbids control by one person of more than one liquor license. There is no question of Robert Freimuth having control because ~agnifico Liquors of Aspen, Inc. is a corporate structure. Mayor Standley closed the public hearing. Councilman Wishart moved to table this issue to the special meeting July 31, and suggested that Slemon get the Council more information showing there is no connection between liquor licenses; seconded by Councilwoman Pedersen. All in favor, motion carried ACAPULCO GOLD - Application for a beer and wine license Acapulco Gold application Mayor Standley opened the public hearing. City Clerk reported that the files, posting for beer & wine and publication were in order. Ralph Brendes, representing Acapulco Gold, told Council this was a Colorado corporation, and the three stockholders were present. Acapulco Gold serves Mexican food at a reason- able price. There were two business residents of Durant street present who told Council they were not opposed to the issuance of a beer and wine license for this establishment. Mayor Standley asked the vice-president, Brownlee Cote, if they intended on putting in a bar. Cote said there was not room for a bar; they wanted to be able to provide some refreshments with their meals. Mayor Standley asked if there were any opponents to this license. There were none. Mayo Standley closed the public hearing. Councilman Behrendt moved to approve the beer and wine license; seconded by Councilwoman Pedersen. All in favor, motion carried. ASPEN SAVINGS & LOAN - Conceptual Subdivision Review Aspen Savings & Dick Meeker presented a model of this proposed building. Meeker told Council for this Loan - proposed 12,000 square foot building, they needed 36 parking spaces. They have incorporated Conceptual this parking by eliminating the drive-up window and putting some parking below ground. Councilman Behrendt commented on the new design for Aspen, a four story building rising Subdivision Review out of a hole. Meeker said the building was a t:1 floor area ratio on four lots, which allowed 12,000 square feet with lower and upper parking and no drive-up window. Meeker demonstrated the open space 25 per cent dedication on the model and said by the code it could not be more than 4 feet above ground nor 10 feet below ground. The curb cut in front will allow for entrance to the parking lot but will not go through to the alley. The parking is 25 feet back of the sidewalk with two levels of parkings. The office spaces will be condominimized and sold and the parking spaces will go with the units. There will be three parking spaces per 1,000 square feet of office. Councilman Behrendt said he was fully satisfied that this building had met the City's laws and codes but he felt from this and other recent buildings that the City's new zoning code is not adequate to the growth pressures. Councilwoman Pedersen moved to approve the conceptual subdivision review; seconded by Councilman Parry. Mayor Standley asked if open space had to have public access. Meeker explained the open space and landscaping with the model. Meeker said that he felt his parking spaces would be of benefit to the City by taking this amount of cars off the city streets. City Attorney Stutler pointed out the open space had to have a certain amount of frontage with the public right-of-way; there should be public access and public stairways to this open space. All in favor, with the excsption of Councilman Behrendt. Motion carried. USE OF ALLEYS FOR BIKEWAYS, PEDESTRIANS, AND SKI TOURING Katy Smith of Grassroots presented a fifteen minute video tape to demonstrate the feasi- Alleys - bility of using the alleys in ~he city for bikeways, pedestrian footpaths and cross use for country skiers. The alleys suggested were between Main and Hopkins, which east would go bicycles, to the Hopkins street foot bridge and Herron park; to the west would go the Seventh and pedestrians ~en to the Castle Creek bicycle trail. Paepcke park would be an obstruction going west ski touring for bicyclists. An advantage of using the alleys is that they are already publicly owned rights-of-way. During the winter there would be no additional snow removal costs. Some policing and signing would be required to keep the alleys clear of vehicles. The visibility at alley intersections is clear. It was pointed out that one of the safest places to cross a stree' is in the middle of the block because there are only two directions of traffic. The paving required for this project would be an absolute mlnlmum, perhaps just seal coating would be needed. There is very little traffic on the north/south streets for bicyclists or pedestrians to contend with. At Seventh street the proposal is to run the trail down to the Villas where there is a trail easement. The Forest Service has agreed for a right-of-way in order to have this path go within a half a block of the Cemetery Lane and golf course bike paths. Going east into town, the alley between Hallam and Francis was used. This alley makes an excellent link for the county trails, Snowbunny trails directly to the Middle School and right on to the Rio Grande parking lot and trail. Prancis Whitaker presented this plan. The idea had come about because there was so much opposition to paving districts or sidewalks districts. The Trail Committee had unanimousl~ recommended this plan to the City as there would be minimum expenses involved. The plan has been sent to the planning office. Whitaker told Council he thought it was a good solution in every way. Whitaker emphasized that on the bicycle tour throught the alleys, they had encountered no traffic. Councilman Wishart questioned garbage collection ~n the alleys. Whitaker said that would only be a momentary obstruction. Councilman De Gregorio pointed out that alleys were considered streets, and by Colorado laws you cannot ski on public rights-of-ways. Mayor Standley said he didn't find a traffic problem in the west end as far as bicycling was concerned. There is also the problem of getting people to use these alleys for bicycling. Whitaker said he felt the City had an obligation to give people a safe place to walk and ride bicycles in the City. Councilman Wishart asked for an estimate of cost to paint lines, grade and seal coat so that the Council knows what kind of an investment they are talking about. Councilwoman Johnston said she would like to see these alleys designated as bicycle trails and see how many people use them. Whitaker said there are fourteen crosswalks to be signed and marked at the alley intersections. John Stanford of the planning office told Council they had recommended using Hallam street for bicycles. The P & Z had had a public hearing on this and local citizens objected to having &, trail down Hallam street. Stanford told Council the planning office concerns were to what degree will trails have an appeal; to what degree will people use them; and what degree will this create traffic hazards on the cross streets. Councilwoman Johnston pointed out that bicycle riding is increasing. If the City makes it easier to ride, it may increase more. Councilman De Gregorio said he would encourage the possibility of putting in this bike and ski path. Mayor Standley suggested that this plan and the Bicycle committee's plan of a loop around the central core should be treated together with an on-site inspection with the P & Z. REQUEST FOR A WATER EXTENSION TO THE AIRPORT Mayor Standley said thiS is a relocation of the water extension, not a new extension, because the airport is already being serviced. It is being interpreted as a new tap Airport - only by the fact that the airport need pay the P.I.F~ City Manager Mahoney p0inted out request for that this is being done in the procedural manner. Water Department Supervisor Markalunas water does consider this a requirement for payment of the P.I.F. John McBride dOes have some extension claim on the 24-inch line. Mayor Standley told C6uncil thiS is not double payment. The City had billed for the original water extension but did not demand collection until the new airport ~as built. Councilwoman JohnstOn asked if the City were going to make a contribUtion to the new airport. City Attorney Stuller pointed out that the City was charging governmental entities only one,half of the P.I.F. so that there is some contribution inherent. Councilwoman Pedersen moved to read Ordinance 955, Series of 1975; seconded by Council- woman Johnston. All in favor, motion carried. ORDINANCE #55 (Series of 1975) Ord.55, 1975 Extension of AN EMERGENCY ORDINANCE APPROVING THE CONSTRUCTION BY PITKIN COUNTY, COLORADO, water to OF A WATER 'LINE EXTENSION TO THE SARDY FIELD AIRPORT FACILITIES; GRANTING airport SUCH AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 11.1 OF THE ASPEN HOME RULE CHARTER; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~55, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote, Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Council scheduled a special meeting for the second reading of this ordinance Thursday, July 31, 1975, at 8:00 a.m. ORDINANCE 942, SERIES OF 1975, Limiting Campaign Expenditures 0rd.42,1975 Mayor Standley opened the public hearing. Mayor Standley said he felt the Council should Limiting approve this ordinance, see whether the city can enforce it, and then modify it. There JC~mpaign were no other comments. Mayor Standley closed the public hearing. Expenditures Councilwoman Pedersen moved to. read Ordinance ~42, Series of 1975; seconded by Council- man Wishart. All in favor, motion carried. ORDINANCE ~42 (Series of 1975) AN ORDINANCE IMPOSING LIMITATIONS ON CAMPAIGN EXPENDITURES FOR CANDIDATES SEEKING PUBLIC OFFICE WITHIN THE CITY OF ASPEN AND CALCULATING THE LIMITATIONS ACCORDING TO THE NUMBER OF REGISTERED VOTERS AT THE PREVIOUS MUNICIPAL ELECTION; FURTHER LIMITING EXPENDITURES IN SUPPORT OF OR IN OPPOSITION TO ELECTION ISSUES TO TEN THOUSAND ($10,000.00) DOLLARS; AND IMPOSING PENALTIES FOR VIOLATION OF THESE PROVISIONS INCLUDING FINES AND IMPRISONMENT NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS AND/OR NINETY (90) DAYS; AND FURTHER PROVISING ON CONVICTION FOR FORFEITURE OF THE OFFICE TO WHICH ELECTED was read by the city clerk. Councilwoman pedersen moved to adopt Ordinance 942, Series of 1975, on second reading; seconded by Councilman De Gregorio. Councilwoman Johnston said she had some reservations about the amounts for Mayor and Council being too high. Roll call vote, Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #43, SERIES OF 1975 Annexing enclaves Ord.43,1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley Annexation of closed the public hearing. Enclaves Councilwoman Pedersen moved to read Ordinance ~43, Series of 1975; seconded by Council- woman Johnston. All in favor, motion carried. ORDINANCE ~43 (Series of 1975) AN ORDINANCE ANNEXING TO THE CITY OF ASPEN THREE (3) ENCLAVES OF LAND ENTIRELY CONTAINED WITHIN THE BOUNDARIES OF THE CITY OF ASPEN AND ANNEXING THE SAME PURSUANT TO THE PROVISIONS OF SECTION 31-8-106(1), C.R.S. 1973, THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~43, Series of 1975, on second reading; seconded by Councilman Behrendt. Roll call vote, Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. 0rd.44,1975 ORDINANCE ~44, SERIES OF ~975, Sixth and Seventh penny sales tax to reserve funds 6th & 7th penny sales Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed tax the public hearing. Councilwoman Johnston moved to read Ordinance #44, Series of 1975; seconded by Councilman Behrendt. All in carried. favor, motion ORDINANCE #44 (Series of 1975) AN ORDINANCE APPROPRIATING $100,000.00 OF 1974 SIXTH AND SEVENTH PENNY TAX PROCEEDS TO THE RESERVE FUNDS ESTABLISHED ON ADOPTION OF THE RESPECTIVE TAXES; OF WHICH AMOUNT $50,000.00 SHALL BE ALLOCATED FOR THE SIXTH PENNY AND $50,000.00 FOR THE SEVENTH PENNY RESERVE FUNDS, ALL OF WHICH IS REQUIRED BY THE PROVISIONS OF ORDINANCE 21, SERIES OF 1972, AND ORDINANCE 24, SERIES OF 1973 was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~44, Series of 1975, on second reading; seconded by Councilman Behrendt. Finance Director Butterbaugh explained that these funds were invested for a year in the wrong accounts. They were supposed to be transferred last year. This action is to clean up the accounting and get the monies into the proper fund. Roll call vote, Councitmembers Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye;Mayor Standley, aye. Motion carried. Ord.45,1975 ORDINANCE #45, SERIES OF 1975, Appropriating $20,550 of Seventh Penny 7th penny Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance ~45, Series of 1975; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 445 (Series of 1975) AN ORDINANCE APPROPRIATING UNAPPROPRIATED SEVENTH PENNY SALES TAX PROCEEDS IN THE AMOUNT OF $20,550.00 FOR PAYMENT OF THE UNDERGROUND OFF-STREET PARKING STUDY, MINIBUS INTEREST PAYMENTS, AND CITY OF ASPEN CONTRIBUTION TO THE UMTA GRANT STUDY COSTS, AND COST OF REGRADING THE RIO GRANDE PARKING LOT was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~45, Series of 1975, on second reading; seconded by Councilman Behrendt. Roll call vote, Councilmembers Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. 0rd.46,1975 ORDINANCE ~46, SERIES OF 1975, Traffic Penalty Assessments Traffic Penalty Mayor Standley opened the public hearing. City Attorney Stuller told Council this ordi- Assessments nance would give the judge the initiative to set traffic penalties but would not change the procedures for paying tickets. There were no other comments. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance ~46, Series of 1975; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE #46 (Series of 1975) AN ORDINANCE REPEALING SECTION 5 OF ORDINANCE 31, SERIES OF 1971, WITH RESPECT TO THE TRAFFIC PENALTY ASSESSMENT SCHEDULE INCORPORATED THEREIN, WHICH REPEAL WILL ALLOW SCHEDULING OF SUCH FINES BY THE ASPEN MUNICIPAL COURT PURSUANT TO RULE 21~ b) (4) OF THE COLORADO MUNICIPAL COURT RULES OF PROCEDURE was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~46, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote, Councilmembers Wishart, aye; Behrendt, aye; De Gregorio~ aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. Ord.48,1975 ORDINANCE ~48, SERIES OF 1975, Subdivision Escrow funds to Transportation Subdivision funds to Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed transporta- the public hearing. tion Councilman Behrendt moved to read Ordinance #48 Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE 448 (Series of 1975) AN ORDINANCE TRANSFERRING THIRTEEN THOURSAND FOUR HUNDRED NINETY ONE ($13,491.00) DOLLARS OF ESCROWED SUBDIVISION DEDICATION FEES TO THE TRANSPORTATION FUND; ~ND FURTHER APPROPRIATING THE SAME FOR THE ACQUISITION OF THE THOMAS PROPERTY was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~48, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vo~e, Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye, Mayor Standley, aye. Motion carried. ORDINANCE ~49, SERIES OF 1975 P.I.F.S to Cemetery Lane for Interconnect Line 0rd.49,1975 P.I.F.sto Mayor Standley opened the public hearing. There were no comments. Mayor Standley Cemetery Lane closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~49, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~49 (Series of 1975) AN ORDINANCE APPROPRIATING FOURTEEN THOUSAND ($14,000.00) DOLLARS OF UNAPPROPRIATED PLANT INVESTMENT FEES FOR THE CONSTRUCTION OF THE CEMETERY LANE INTERCONNECT WATERLINE was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~49, Series of 1975, on second reading; seconded by Councilwoman Pedersen. Roll call vote, Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~50, SERIES OF 1975 Refinancing water bonds )rd.50,1975 Refinancing Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed water bonds the public hearing. Councilman De Gregorio moved to read Ordinance a50, Series of 1975; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE a50 (Series of 1975) AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION WATER EXTENSION AND IMPROVEMENT REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $967,000, OF ASPEN, COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION WATER EXTENSION AND IMPROVEMENT BONDS OF THE CITY OUTSTANDING IN THE AMOUNT OF $1,140,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAY~NT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH AND PROVIDING THE EFFECTIVE DATE HEREOF was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~50, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote, Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1) City Manager Mahoney told Council the administration is proceeding with the budge~. The City is going to look into prices of certain pieces of land that the Council expresse an interest in. Mahoney said he felt these lands should be appraised by a registered appraiser. ~ahoney had submitted a memorandum to Council on July 22, indicating that Appraisals the price for this appraisal would be $850. s400 could be charged to the seventh penny for lands and S450 taken from funds for the Midland right-of-way appraisal. Mahoney told Council that he had talked to Brian Goodheim, the County Housing Director, and Jim Mollica at Mason and Morse about doing the appraisal. Goodheim would be less expensive, but there might be a question about having the appraisal done in-house. The lands the Citv is interested in are (1) Shaw triangle (2) Bass park (3) Riverside trailer court (4) Sinclair station. Mayor Standley pointed out that the Riverside trailer court received a lower priority than the others. Finance Director Butterbaugh told Council that the money for Rubey Park is starting to come open. October 1st is the last payment. The 3.6 mill levy brings in $78,000 of which $35,000 is spent on Rubey park. Council asked City Manager Mahoney to get costs from Goodheim and from Mollica and also to get Mollica's credentials as an appraiser. 2) City Manager Mahoney told Council that the driver's license department was loosing Dept. Motor their space in the county garage area. They would like to bring their trailer in to Vehicles - continue driver's licensing office and would like space on the Rio Grande Property. office space Ultimately the Department of Motor Vehicles would like to rent space from the city in City Hall. Mayor Standley said the Rio Grande was a specially planned area and was not zoned for trailers. C~uncilwoman Pedersen suggested parking the trailer near the present bus station. Councilman Parry pointed out the location should have parking near by. Councilman De Gregorio said this is a service to the people in the community. Councilma~ De Gregorio suggested leaving this question up to the City Manager and have him report back to Council at the next regular meeting. ou±y Z~, RESOLUTION ~34, SERIES OF 1975 Petition for Annexation Petition for Mayor Standley reminded Council this was tabled from the July 14th meeting because the Annexation applicant, Fritz Benedict, was not present. Pat Maddatone told Council it was desirable Benedict to try to subdivide the present office building and sell the spaces rather than ren~. Property The parking lot for the office is present in the county. When the~plan for subdivision Res.34 was presented to the P & Z, they suggested annexing the parking lot so the office building could be subdivided. The other tract, to the east, Benedict would like to build a house on. Benedict told Council that the original plan was tabled by the P & Z and they were working on a better solution. Benedict said he would anticipate no benefit in annexing as the present zoning in the county roughly corresponded to RR. Councilman De Gregorio said it was not entirely clear why they wanted to annex these lands. Pat Maddalone said it would be desirable to go through only one process, rather than go through both City and County P & Z and City Council and County Commissioners. Maddalone also pointed out there was no benefit as far as density and use. Councilman Behrendt pointed out the loss of county P.I.F. and water and electricity bills if this were annexed to the City. City Attorney Stuller pointed out that the City could make a condition of the annexation payment of the Coutny P.I.F. John Stanford told Council the Planning Office concern was the appropriateness of tennis facilities an a residential zone. Tennis facilities in a RR zone are a conditional use. Benedict said the tennis courts would be in relation to the units. If there were tennis courts, the number of units would be reduced. Councilman Wishart pointed out that the Council was only talking about annexation not the development. City Attorney Stuller said this was not even a discussion of the advisability of annexation, but only recognizing that the Petition for Annexation is complete. Councilwoman Johnston moved to read Resolution 934, Series of 1975; seconded by Councilwomam Pedersen. All in favor, motion carried. RESOLUTION ~34 Series of 1975 WHEREAS, there has been presented to the City Council a Petition for Annexation of the following described tracts of land situate in Pitkin County, colorado, ~o wit: Parcel No. 1. A tract of land situated in the NW~SE~ of Sec. 18, T10s, R84W of the 6th P.M., Pitkin County, Colorado, said tract is more fully described as follows: Beginning at Corner No. 9 of the Riverside Placer (M.S. 3905); thence S.89°08'24" Eo 545.44 feet along line 9-1 of said Riverside Placer; thence S.09°29'21'' W. 417.22 feet; thence N. 84°00'00" W. 200.00 feet; thence N.49°00'00" W. 350.00 feet; thence N. 68°00'00'' W. 120.00 feet; thence N. 38o11'25'' E. 158.05 feet to the point of beginning, containing 4.113 acres more or less. Parcel No. 2. A tract of land situated in the SE¼NE~ and in the NE~SE~ of Sec. 18, T10s, R84W of the 6th P.M., Pitkin County, Colorado, said tract as more fully described as follows: Beginning at Corner No. 1 of the Riverside Placer (M.S. 3905); thence N.00°14'00" E. 500.47 feet along line 1-2 of said Riverside Placer to a point on the southwesterly edge of the Colorado State Righway No. 82 right-of-way; thence 390.08 feet along the arc of a curve to the left having a radius of 603.00 feet and whose chord bears S.44°45'57" E. 305.71 feet, said arc being the south- westerly edge of said right-of-way; thence S.59°27'00" E. 104.10 feet along the southwesterly edge of said right-of-way; thence N.89°46'00" W. 256.03 feet; thence S.00°14'00"W. 231.75 feet; o 04" . thence S.67 31' E. 237.70 feet; thence S.00°14'00" W. 140 00 feet; thence N.89°46'00'' W. 270.00 feet; thence N.00°14'00" E. 230.00 feet to the point of beginning, containing 2.223 acres more or less, and WHEREAS, said Petition signed by ~he owners of the above described tracts and dated July 7, 1975, has been determined by the City Council to satisfy the requirements of Section 31-8-107, C.R.S. 1973 of the Colorado Municipal Annexation Act, and WHEREAS, it is required by said Act that the Council determination of the substantial compliance 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, COLOk~DO: That the Petition for Annexation dated July 7, 1975, and submitted by Frederic A. and Fabienne Benedict for annexation of the above-described tracts of land shall be, and hereby is, determined to be in compliance with the requirements of Section 31-8-107, C.R.S. 1973, the Colorado Municipal Annexation Act. was read by the City Clerk. Councilman Wishart moved to adopt Resolution ~34, Series of 1975; seconded by Councilman De Gregorio. Council qeustioned the second paragraph of the resolution, stating this land was urbanized. City Attorney Stuller said the second paragraph could be dropped. Councilwoman Johnston moved to amend the resolution by deleting section 2; seconded by Councilwoman Pedersen. All in favor, motion carried. ~ ORDINANCE ~51, SERIES OF 1975 Appropriating S1500 to Meadowood 0rd.51,1975 Councilwoman Pedersen moved to read Ordinance ~51, Series of 1975; seconded by Councilman Appropriating Wishart; all in favor, motion carried, money to Meadowood ORDINANCE :51 Series of 1975 AN ORDINANCE APPROPRIATING THE AMOUNT OF ONE THOUSAND FIVE HUNDRED ($1,500.00) DOLLARS OF UNAPPROPRIATED WATER PLANT INVESTMENT FEES FOR THE RESTORATION OF THE MAROON-MEADOWOOD PIPELINE EASEMENT w~s read by the City Clerk. Councilman Behrendt moved to adopt Ordinance ~51, Series of 1975, on first reading; seconded by Councilman Wishart. Roll call vote Councilmembers Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #52, SERIES OF 1975, Appropriating money to ~ransportat±on 0rd.52,1975 Councilwoman Pedersen moved to read Ordinance ~5~, Serie~ of 1975r on fi~st~e~d~ing; Appropriating seconded by Wishart. Ail in favor, motion carried, money to transportation ORDINANCE ~52 (Series o~ 1975) AN ORDINANCE RECOGNIZING TEN THOUSAND ($10,000.00) DOLLARS RECEIVED FROM PITKIN COUNTY, COLORADO, AND APPROPRIATING SAID AMOUNT, PLUS AN ADDITIONAL NINETEEN THOUSAND ($19,000.00) DOLLARS OF SEVENTH PENNY SALES TAX REVENUES, FOR OPERATION OF THE MINIBUS SYSTEM was read by the City Clerk. - Councilwoman Johnston qeustioned the appropriateness of the name "Minibus" system as this was for all ~ransportation. The Ordinance was changed to read "transit" system. Councilwoman Pedersen moved to adopt Ordinance ~52, Series of 1975, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Mayor Standley~, aye. All in favor, motion carried. ORDINANCE ~54, SERIES OF 1975, Vending Policy 0rd.54,1975 Vending Councilwoman Pedersen moved to read Ordinance ~54, Series of 1975, on first reading; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~54 (Series of 1975) AN ORDINANCE AMENDING SECTION 13-61 OF THE MUNICIPAL CODE WHICH AMENDMENT PROHIBITS THE USE OF ANY PUBLIC PROPERTY OR RIGHT-OF-WAY FOR THE STO~AGE, DISPLAY OR SALE OF GOODS, WARES OR MERCHANDISE, WHETHER FROM A VEHICLE, STATIONARY STRUCTURE, OR OTHERWISE, EXCEPT AS THE CITY COUNCIL MAY SPECIFICALLY AUTHORIZE BY SPECIAL CONTRACT BETWEEN THE VENDOR AND THE CITY OF ASPEN; AND FURTHER PROVIDING THAT CONVICTION FOR A VIOLATION OF THIS PROVISION SHALL SUBJECT THE ~I~LATOR~TO A FINE NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS OR IMPRISONMENT FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT was read by City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~54, SeriesO~ 1975, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart,aye; De Gregorio, aye; Pedersen, aye; Behrendt, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~53, SERIES OF 1975, Charter Amendment, Councilmanic Voting Drd.53,1975 Councilmanic City Attorney Stuller explained this Ordinance would submit to the electroate a charter voting change. Councilman Behrendt said he felt this would pose an inconvenience on Council- procedures members. Councilwoman Johnston said she thought this was a bad idea. It is important to not read get the input from the meetings from each other and from people who come to Council meetings. Councilwoman Johnston pointed out Councilmembers may no~ have received the packet; this ordinance could encourage absenteeism; a Councilmember could request a postponement of an issue if he was going to be gone. Councilwoman Johnston also pointed out that the Council can impose conditions or add words at the last minute. The absentee voter would not be aware oi. Councilwoman Johnston said she felt it was a very dangerous procedure. Regular Meeting A~Pen. city council July 28, 1975 Councilman De Gregorio agreed there was-a possibility that this would encourage absenteeism. Issues have gone through when Councilmembers have been absent that they might have wanted to vote on. Councilwoman Johnston said she did not know of any governmental body that allowed thins type, of voting. Bill Dunaway, of the Aspen Times, said he felt it was very important that the Council listen to the public before voting. This type of Ordinance is really wrong and a travesty on democracy. Councilman De Gregorio moved to read Ordinance #53. Motion died for a lack of a second. Municipal Councilwoman Pedersen moved to re-appoint Fitzhugh Scott as Municipal Judge; seconded by ~ Judge Councilman Behrendt. All in favor, motion carried. Reappoint Scott Councilman Parry told Council about the City's sailing program at Ruedi reservoir and invited Councilmembers to a picnic at Ruedi Thursday, July 31, to see what is going on in the salting program. Councilwoman Johnston said she had been approached by the Historic Preservation Committee R zoning (HPC) about the historic zoning on Main Street. The Planning Office has not been able to on Main st. get to this project, and Councilwoman Johnston wondered if Council had a special review ~ procedure so that people would not move or destroy historic homes on Main Street. Mayor Standley said that the inventory had not been done yet. It would take some official act or public announcement of the intent to change the zoning. That would come from the HPC and the Planning and Zoning Commission. Councilwoman Pedersen moved to adjourn at 4:30 p.m., seconded by Councilman Wishart. All in favor, motion carried. K~thryn Sff Hauter, City Clerk