Loading...
HomeMy WebLinkAboutminutes.council.19751208 Regular Meeting Aspen City Council December 8, 1975 Mayor Standley called the meeting to order at 5:08 p.m. with Councilmembers Behrendt, De Gregorlo, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney, and City Attor- ney Stuller present. MINUTES Councilwoman Johnston moved to approve the minutes of the November 17, 1975, special Minutes Council meeting; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Accounts Councilman De Gregorio moved to approve the accounts payable; seconded by Councilman Payable Parry. All in favor, motion carried. CITIZEN PARTICIPATIO~ ~ 1. Kiefer Men~en?~a3.1 told Council at the last meeting he had questioned Council's ~?~'"' il Kiefer Mendenhal constituency in ~upport of the mall expansion and suggested there was no meaningful Mall Commission support. Council's response was to spend $15,000 to go forward with it. Mendenhat!~ ~ stated when the City discovered they could not raise the amount of money needed for the mall, they decided to do with half as much in order to accomplish the same thing. Mendenhall told Council that his group now includes a majority of the City Council which created the mall; two out of three former chairmen of the Mall Commission. Mendenhall suggested the City look very carefully at the mall expansion; there are other priorities such as parking and employee housing. 2. Cam Johnson told Council she had had a problem with the building department. When Popcorn Wagon she gave them a survey for her new location of the Popcorn Wagon, the building department Survey told her it was too old and not certified. Various Councilmembers told Ms. Johnson ? that the same thing had happened to them; a recent, certified survey was a code require- ment. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston told Council the RBH building walkway was building up with ice RBH Building and becoming very dangerous. Council instructed City Manager Mahoney to take care of the walkway problem. Cemetary Lane 2. Councilman De Gregorio asked about.the stop light at Cemetary Lane and asked the City Stop Light Manager and Police Chief to get permission to turn it off during the non-use hours. 3. Councilman Behrendt indicated he was still interested in the annexation policy start- Annexation ed by the City sometime ago. Councilman Behrendt asked for a status report on the next ~Policy Council agenda. 4. Councilman Behrendt also asked for a report on the downzoning of the Koch Lumber Downzoning property to be on the next Council agenda. 5. Councilwoman Pedersen asked that a session be set for Council t.o meet with the police department, District Attorney's office and Open Door. The meeting was set for 5 p.m. Police Departmen Monday, December 15. Mayor Standley said the meeting would be established as a work session; ~f parts of the information have to be in executive session, they will do so. 6. Councilwoman Pedersen noted that Ludwig Cserhat was out of the Number Two Main ~2 Main Corp Corporation and that Roger Wiegner was now a stockholder. stockholders 7. Mayor Standley asked Council if they objected to the Hospital Board being allowed Hospital Fund to hang signs helping with the fund raising benefit in the city busses. Council had no objections. 8. Mayor Standley brought up the City Employee Christmas Party. The Council gave Employee Christ- $1,000 for the Christmas Party, and a dinner cannot be done for that amount. Mayor mas Party Standley said that the Council could leave it at $1,000 for a cocktail party or go ahead and have a dinner and pay for it. Councilman Wishart said he was personally in favor of the dinner and expanding the budge~. Councilman Behrendt agreed. Councilman De Gregorio moved to approve the Christmas Party with added expansions; seconded by Councilman Wishart. Councilmembers Behrendt, De Greqorio, Wishart, Mayor Standley in favor; Councilmembers Johston, Pedersen, Parry opposed. Motion carried. 9. Mayor Standley asked City Attorney Stuller to explain the PUC decision regarding PUC-Gas Lights banning gas lights. Mr. Stuller told Council that she had investigated and Denver does not have an ordinance banning gas lights. The PUC had a recent decision direct- ing that public service companies order their customers who have natural gas lights to eliminate them by February 9, 1976 or their service will be cut off. Ms. Stuller stated she wanted to read the decision to make sure it is statewide and to see if it includes covering heated swimming pools. 10. Councilwoman Johnston nominated Councilman De Gregorio for Mayor Pro Tem; second- ed by Councilwoman Pedersen. All in favor, motion carried. moved to add modification and transportation program for Rubey Councilwoman Pedersen Park to the agenda; seconded by Councilwoman Johnston. All in favor, motion carried. STUDENT CO~ENTS Larry Beer asked for the extension of the City bus route out to the high school to City Bus Route get rid of the hitchhiking problem and the problem of too many kids riding in one expansion car. Councilman De Gregorlo asked about using the Highlands bus. Councilman Parry pointed out that a late bus out to the high school would eliminate a tremendous number of cars going out there. Mayor Standley said to coordinate with Yank Mojo and the Highlands to see if the school could develop a program. If this requires specific action, it should be brought to Council December 22nd. Larry Beer asked about using the Wheeler Opera House Basement as a teen center. Council pointed out the basement was going to be used as a cafeteria. RUBEY PARK - Transportation Plan Bus Contract Mayor Standley told Council that the contract they had approved with the two ski Corpor- ations for the use of Rubey Park had eliminated 35 parking spaces. The feedback on this has been very negative. Mayor Standley told Council that City Manager Mahoney moved the parking back to diagonal on Durant and Spring streets. Mayor Standley told Council he had gotten ~ogether with the City administration and Jim Adams, Ski Corp, and discussed what could be done and compromise way to recreate the parking that had been taken out. The contract to use Rubey Park for Highlands busses remained. The Snowmass and Butter- milk busses will load out on Galena and Mill streets. This will leave 25 parking spaces in Rubey Park. The Ski Corp agreed the City could use their executive parking lot at night. The net effect is that 54 parking spaces are gained during the day; and 74 parking spaces at night. Mayor Standley said he felt this would go a long way to solving the problems the City had created. The Cooper street merchants had been told they could use Rubey Park as parking as part of the mall program. The net loss will be 2/3 of the $10,000 that the City negotiated with the two ski corporations for Rubey Park paving. The paving of Rubey Park was not one of Council's priorities. Councilwoman Pedersen moved the City adopt this plan developed by Jim Adams, City Attorney Stuller, Bill Kane, City Manager Mahoney and the Mayor, concurring this is a good solution; seconded by Councilman De Gregorio. All in favor, motion carried unanimously. Councilman Wishart noted that it was very nice of the Ski Corporation to work with the City on this problem. BOARD OF ADJUSTMENT APPOINTMENT The Council received a letter from Remo Lavignino; his term on the Board of Adjust- Board of ment was up and he was asking to be re-appointed. Adjustment Membership Councilman Behrendt moved to re-appoint Lavignino; seconded by Councilwoman Pedersen. All in favor, motion carried. John Dukes term on the Board of Adjustment was also up, and he was not asking for re-appointment. The Council directed the city clerk to advertise for the vacancy. LIQUOR LICENSE RENEWALS Mayor Standley asked that Little Nell's and Buster McKee's be added to the list of Liquor L~censes liquor license renewals. Councilman De Gregorio moved to renew Toro's, Andre's, Golden Horn, Crossroads Drug, Fireside Lodge, Ute City Banque, Captain's Anchorage, Plum Tree Inn, Le Cabaret, Maurice's, La Cocina, Magic Pan, The Grog Shop, Little Annie's, Joe Reed's, Berkley/ Aspen, Golden Barrel, Mother Lode, Red Onion, Hickory House, Jerome B. Wheeler Public House, Little Nell's and Buster McKee's; seconded by Councilwoman Pedersen. All in favor, mction carried. ASPEN MINE COMPANY - Application for a three-way liquor license. Aspen Mine Company The hearing was continued from the November 24, 1975 Council meeting. David Slemon representing the Aspen Mine Company, told Council that the document requirements have been accomplished. Slemon said he would make some record of ~he statutory require- ments for the needs of the neighborhood and the desires of the inhabitants. Slemon offered for the record a number of petitions, which are intended to indicate the desires of the inhabitants. Slemon also presented a number of letters signed by busi- ness people i~ the immediate n.eighborhood of the resturant. Slemon read the petition to Council and told'them it was only circulated over the week- end, but in excess of 100 signatures were obtained supporting this license. Slemon also read the letters signed by a majority of the businesses in the immediate vicinity. Slemon stated that both permanent and visitor population continue to expand at a rate of increase in skier visits of approximately 8 per cent. The retail sales for the second quarter of 1975 in Pitkin County showed the largest categories were eating, drinking, and lodging. The increase in those categories was 19.8 per cent and 19.1 per cent. In the City of Aspen alone, the retail sales for those cateqories for the second quarter was up 15.7 per cent over last year for the same quarter. Slemon noted there had not been a corresponding increase in new liquor outlets. Slemon told Council that other factors support the issuance of this license. The Aspen Mine Company has been operating and has already proven to be a benefit to the community. Mayor Standley asked who in the Aspen Mine Company would be responsible for the re- moval of the mall appurtenance. City Manager Mahoney had made the arrangements with the present owners who agreed to pay the City s500 as the City will take it down as soo~ as they can get to it. There were no opponents to the liquor license. Mayor Standley closed the public hear- ing. Councilman Behrendt moved to approve the issuance of a three-way liquor license with extended hours; seconded by Councilwoman Johnston. All in favor, motion carried. PARAGON Purchase & Sale PARAGON City Attorney Stuller told Council this was essentially a stock transfer from Gene Ingham to Ted Koutsoubos. Koutsoubos would now be owning 100 per cent of the stock. Councilman Behrendt moved to approve the purchase and sale; seconded by Councilman De Gregorio. All in favor, motion carried. OPEN DOOR - Third Quarter Report Open Door Charlie Baker, Director of Open Door, submitted a written report to Council. Baker told Council that seven out of twenty-five active cases use herion specifically; it is the number one problem drug. The second is alcohol. Baker told Council that Open Doo~ ~ad b~ought Miner's. Matters indoors ~a~d .~l~e job and housing information. Baker said that Open Door staff have been dealing with the schools and counselors. This is basically a preventive program. Councilman Behrendt noted that the methadone maintenance program had been rejected by the Touchstone board and asked Baker how he felt about methadone. Baker said presently all they had to offer herion addicts was cold turkey which is like a revolv- ing door. Methedone is one treatment; Baker's personal opinion is that he does not like methedone. Mayor Standley said that Open Door was originally conceived to deal with 13-19 group. The case load indicates only four clients in that range. Mayor Standley noted that Open Door has clients up to 45 years old. Baker pointed out that Open Door was basically crises-oriented and they were seeing more problems ~n the older age brackets. UMTA STATUS REPORT UMTA Status Report Dwight Shellman, Chairman of the County Commissioners, gave Council a brief back- ground. The County filed the application with UMTA in March; the City had the election regarding rail transit in May; the citizens committee was formed in June; Pitkin County submitted the report in July. Shellman told Council that UMTA experienced a change of administration and the Count~ had a period of time with no response at all. The Commissioners forced the issued by going to Wa.shington with the delegation and talking to Patricelli and giving him the objectives of the program. The Commissioners asked for a limited draw on the applica- tion for the purposes of actual engIneering studies. Patricelli asked that Pitkin County explore other areas of non-Federal funding; look at the bus alternative; consider what is known as value recapture. UMTA pointed out that transportation facilities cause appreciated land values and new development goes along with that; this has to be considered. County Grant Shellman stated that Pitkin County probably cannot get the grant application at this UMTA time. Pitkin County would like to study engineering of systems, switches, bridges, etc. Shellman said the County had started doing a critical analysis of what it takes to get the transit system built by the end of the year. Shellman said the County can deliver the final engineering to UMTA no later than February 20, 1976, for approval March 5th, and then have an election mid-March. That would make the time to option the cars and building the system extremely tight. The County wQuld like to qet the system operational by 1976. Shellman told Council the County had tO make a decision to option on the Hagen rolling stock as there are jus~ enough cars left to operate the Pitkin County system. Shellman stated they had no idea what the option will cost, anywhere from $26,000 to $100,000. Shellman stated it would be necessary to go ~o Europe to speculate the system and exercise the option. Shellman said the Council and Commissioners had to make the decision on whether to incur the expense of going to Europe to study the system with technical assistance, if the Trip to Europe County only has the grant for engineering funds. Shellman said to date the County has felt the trip was worth it; they are now reconsidering the decision. Shellman told ~ouncil they had met with the Regional UMTA manager. They had convinced the UMTA repre- sentative that the rail transit was an element to try to reduce automobile traffic and then discussed the real possibility. UMTA had given the County some high compliments of the quality of work that had been done. Tuesday a delegation from UMTA will be in Pitkin County to go over the lay of the land and review the work program for the partial grant and to discuss strategy and problems. Shellman told Council that Wednesday some representative of the Council will go to Wash- ington to discuss how UMTA management of the program will be structured. By Thursday, Pitkin County should have a fairly good reading of whether or not they have been able to achieve most of the agreements to go ahead with partial funding and the level of risk involved to go to Europe and spending m6ney to get the option on the Hagen cars. Councilman Behrendt said the County had received a letter from UMTA outlining three items to be accomplished and it seemed to him that the County is proceeding full charge ahead on the rail and not really addressing the other things asked by UMTA. Shellman stated that presumably the study will design and define the accuracy of the data that the County has already determined; ~.e., how many people can they get to change modes from each of the 17 destinations in the County. The County will have to specify what the auto constraints will actually be. The County wants to have a speci- fied, particularized statement for the electorate. Commissioner Shellman stated the County desire~t~ ~On~inue~h~tifying relationship with the City and if the County goes to Europe it might be desirable to have a representa-~ tire of the City to go along. Shellman said there would be three days in Zurick and Dusseldorf to consult on ~e transit system, give an option and actually preparing the retrofits. Mayor Standl'e¥ said from a practical p6int of view, the City needs representa-~~ tion ~n Europe. Mayor Standley suggested the appropriate person to go would be City Attorney Stuller, who is very skeptical of a railroad system. In a larger sense, an- attorney is capable of representing the city and county from a non-political point of view, and assuring a level of credibility. Councilman De Gregorio said he would not like the City to send someone unless the UMTA grant is given. Councilwoman Pedersen agreed. Councilman Behrendt stated he would like to review the trip at the time the County is given approval. The Council agreed they would be willing to call a special meeting to consider the trip to Europe. Councilwoman Johnston moved if the County comes back with a solid yes on the preliminary engineering grant, which means there is no doubt that the County will go to Europe, that automatically the City will provide funding for someone; if it is a qualified yes with County still going, then the Council will call a special meeting. Motion dies for lack of a second. Council decided they would rather call a special meeting to decide~on the trip to Europe. BUS AGREEMENT Bus Agr- eement Yank Mojo, transportation, director, told Council this idea had come out of a discussion Snowmass with Snowmass, the Chamber of Commerce, and his department last September. Snowmass resort is running three busses from Smowmass to Aspen. In the 1976 budget, Mo~o received funds for one bus an hour to Snowmass. Following that budget allocation, it became obvious that the City runs one bus and Snowmass runs two busses an~hour. The City is charging and Snowmass isn't. Mojo said he would take the two Snowmass busses under his direction for 25 cents fare, and Snowmass would give Mojo their equipment to use and also give Mojo their operating budget for their winter season to operate the busses. - Mojo told Council that $50,000 was spent last year for the Snowmass busses, with a 12,500 revenue flow to the department. Mojo explained the revenue picture; $1,041 per bus per month in wages and expenses, $1,690 total expenses per section per month for a S649 deficit per bus per month, which will have to be made up. The transportation department will be running Snowmass's two sections and will need $5,172 to offset the deficit. Snowmass is giving the City a guaranteed minimum payment of $5,000; in addition, they have agreed to support any differences of expenses over revenues to $10,000.00 Council that the Commissioners had approved the agreement t~e ~Ci~y~J~orney Mo jo told the Stuller drafted. 'Mojo also told Council these expenses are for operating budget only, not capital budget. Mojo explained that if the revenue projections are much higher and expenses are much lower, the City still gets the $5,000. The $10,000 is a cushion the transportation department can rely on if it is needed. Councilman De Gregorio asked why Mojo was getting involved. Mojo explained that the three sections would be connected under the same supervisor and by radios, which would help keep the system running. Mojo told Council that the transportation department would be allowed to use Smowmass'buses to respond to emergencies throughout the system. Mojo stated this would not act as a detriment to the transportation service; the Snowmass runs don't start until 5:00 p.m. City Attorney Stuller stated that it ~s not clear that municipalities can engage in a bus Bus Fares system that can charge fares without running into problems with the PUC. The PUC had filed a complaint already on the downvalley system. Ms. Stuller told Council they should be informed that they are taking on a challenge to the PUC. Mojo stated the whole contract is predicated on a given revenue and expense picture. If the PUC comes in, the transporta- tion department will hand the whole thing back to Snowmass. Finance Director Butterbaugh stated that the transportation department does not have a reporting system to turn out the kind of report required in the agreement. The reports will be coming in from Mojo's accounting; the finance department does not verify any transportation figures. Ms. Butterbaugh stated she did not know if the finance depart- ment could gear up quickly enouah. Mojo stated he could satisfy the accounting procedures. Tom Blake, Snowmass Resort Association, told Council the key to this agreement is money. This agreement ge~s the financial burden off the City's back and off SRA's too. Council- woman Johnston asked Blake his costs right now; Blake answered about $23,000. Councilman Behrendt moved to endorse this bus agreement; seconded by Councilman Wishart. Mojo told Council the commissIoners had made some changes; (1) changed the date to May 15, not April 15; (2) any capital improvements may revert to SRA but the transportation de- partment will be reimbursed; (3) if the PUC cites the transportation department, they have the right to immediately terminate the agreement. All in favor of the motion with the exception of Councilmembers De Gregorio and Pedersen. Motion carried. RESOLUTION ~43, SERIES OF 1975 Councilman De Gregorio moved to read Resolution #43, Series of 1975; seconded by Council- man Wishart. All in favor, motion carried. RESOLUTION ~43 Series of 1975) was read by the city clerk. Councilwoman Johnston moved to adopt Resolution #43, Series 1975; seconded by Councilman Wishart. All in favor, with the exception of Councilmembers Pedersen and De Gregorio. Motion carried. GANT CONDOMINIUMS - Request for variance from Ordinance #70, Series of 1975 GANT Condo~s Skip Behrhorst, presented a letter to Council outlining the variance request under Ordin- ance #70, Series of 1975. Behrhorst told Council they had applied for a building permit for the third phase in May and had the permit issued August 16, 1975. Behrhorst said they started work on the projec~ within the time period required. He wanted to do basically foundation work to get and early jump on construction next spring and to avoid the Christ- mas panic. After the building permit was issued, Council passed Ordinance #70 on October 27, 1975, which req~'i~es that work within 180 days of the issuance of the permit be at least 10 per cent of the value and every 60 days another 10 per cent. Behrhorst said it was his under- standing that the Council passed this ordinance to discourage builders who have prolonged construction and large excavation holes. Behrhorst told Council in the past the Gant has completed their buildings on time. Behrhorst said he felt that because of the stage of construction the third phase Gant is in, Ordinance ~70 would pose an unnecessary hardship because of %he following (1) incre'ased cost because of winter construction (construction typically comes to a standstill in town unless the building is enclosed) (2) the avail- ability of concrete is very difficult, (3)by extending construction to a year period, they will be extending the noise factor. It is our intention to complete the building. Behrhors said they had financing; the plans are completed; the Gant anticipates completed construc- tion at least eiaht months before the minimum schedule in Ordinance ~70. Behrhorst point- ed out the location of construction as relates to downtown is way out; it ~s not visible. Behrhorst said the Gant was only asking for a temporary deferral under Ordinance #70, not ~-~ exemption of a general variance. Behrhorst asked why the Gant should be forced to build, in the stage they are in, in the winter when this cause cost increases, higher prices, additional noise and doesn't benefit anybody. Councilman Behrendt asked why the Gant started building at this time. Behrhorst stated it was because of the size of the project; completion in six months would be difficult. Berhorst told Council they didn't really start until they were assured of financing. Behrhorst told Council there would be thirty units in phase three. Mayor Standley pointed out the Gant had started construction October 1st. Ordinance ~70 had a public hearing October 27th and there were other contractors who had showed up with input at this public hearing. Behrhorst told Council he thought where they were in the stage of construction, that the ordinance was not retroactive. Councilman Parry pointed out that construction during the winter months was the exac~ concern of contractors who came in during the public hearing, and this is why the Council had variances reffered to Council. Gent, cond. City Attorney Stuller told Council this was a variance request, and usually the applica- tion should be looked at in terms of various rules of common law. If the result is an unexpectedw harsh result and is unique to the applicant and results from the application to the code rather than the applicant's action; a variance is called for as long as the variance would not undermine the purposes of the particular code provision. Ms Stuller said the only circumstance she found unique is the fact that the permit was received and reliance made on it before any indication was made that there would be a code change re- quiring progressive action. Ms. Stuller pointed out that the balance of Behrhorst's com- plaints were all anticipated by the ordinance and within the objectives of it. Ms. Stulle~ said if the permit lapses during the winter, Behrhorst is permitted to re-apply in the spring and as long as the building is in conformance with the building he can go ahead. The problem is it will not be in conformance with the zoning. Behrhorst stated it was not impossible to continue construction through the winter. It is expensive; it is noisy, and they will be fuilding over a year period rather than six months. Ms. Stuller said if they had had no idea that this was coming., and they could not have avoided the proviso by applying for the permit earlier in the spring and getting everything done, then Behrhorst would have had an argument. Berhorst explained they had applied for a building permit in May and it was not issued until August. Ms. Stuller noted that the plans had to be shipped ou~ of town for review. Councilman Parry moved to approve the variance; seconded by Councilwoman Johnston. Council members Parry, Johnston, Wishart for; Councilmembers Pedersen, Behrendt, De Gregorio, Mayor Standley opposed. Motion NOT carried. HORSE DRIVEN VEHICLES Rio Grande ~mhuttle and City Manager Mahoney told Council that Mr. Mayfield and Mr. Allen from Boulder had Sleighs horses stabled at the County stables across from the Courthouse. They are interested in setting up a surrey and sleigh service. There is a prohibition against running ~ horse drawn vehicles in the mall. Mahoney said he would like to amend that to allow horses. Mahoney told Council that he would encourage these gentlemen to broaden their operation. There is an opportunity in town for doing historical tours and to use the county trails system. Mahoney said it was necessary to their operation to be able to deliver people to places in the amll. Mahoney said he did not feel it would be totally contrary to the operation of the mall to have horse drawn vehicles. Mr. Mayfield told Council they had moved up here from Boulder with six horses, one surrey, one buggy and a couple of sleighs, and a hay wagon. They plan on obtaining a team of Belgians and some mules. Mayfield said being able to operate in the malls would simplify matters. Mayfield stated the the City Attorney did not feel they should be in the malls. Councilman De Gregor~o asked if the perimeter of the mall was not convenient enough for the customers. Mayfield stated the biggest problem is not so much getting through the mall, but having a place wh~re he can park without infringing upon traffic. Council- woman Pede~sen asked about the hitching post in front of the Crossroads drug store. Planner Bill Kane told Council they had bought these gentlemen directly to Council in orde to get the Council aware of what is happening. Kane stated the Mall Commission had bee~ considering this problem for awhile. Kane said they viewed it as an exciting prospect; this could take advantage of the trails and corrals in the wintertime. Councilman Behrendt questioned having a temporary PUC permit; Mayfield answered he had talked to the PUC and they told him since the vehicles were not motorized, he di~n't have ~o have a PUC permit. Councilman Behrendt asked about adequate insurance; Mayfield said he had $300,0~0, Councilman Behrendt stated they.should consider what happens is the equipment breaks down in the middle of a~tr~p. The last point Councilman Behrendt brought up is the aromatic factor, and asked how they would deal with that. Councilwoman Pedersen stated there has been a fine precedent for sleigh rides, and she felt it was a fine enjoyable idea. Councilwoman Johnston said she thought it was a great thing to offer visitQr~ She also stated she would like to see it help with the trans- portation or collector system. Councilwoman Johnston stated that rather than allowing the sleighs in the mall, she would like to see the City provide a parking place, for instance at Crossraods and the Wheeler Opera House. Councilman De Gregorio pointed out that would not be fair to Mellow Yellow Taxi cab. Councilman Behrendt asked if they were equipped to run on dry streets. Mayfield told Council they could convert the vehicles from wheels to runners and vice versa. Mayfield also pinted out he would lead his horses through the malls. As far as the aromatic problem, Mayfield said they could take care of this among themselves. Councilman Behrend~ stated if they would instantly take care of the aromatic problem, he would have no object- Co~ncilm~n Parry s~ggested the horse driven vehicles could use the same route as the shuttle bus from the Rio Grande and just go through a little section of the mall. Mayor Standley objected to anything as large as horse driven vehicle going through the mall. Councilwoman Pedersen asked if the Council were pre-empting the preogatives of the Mall Commission. Councilman Parry pointed out it was the consensus of the Council that they did not want this in the mall, why send it to the Mall Commission. Councilman wishart moved to allow Mayfield two pick up places (Wheeler and Crossroads) with perhaps limited use of the mall going straight up Galena street; seconded by Council man Parry. City Attorney Stuller pointed cut that vehicles were not allowed in the mall at all. Councilman Wishart amended his motion to read two pick up spots at the designation of the Mall Commission that do not require driving through the mall at all; seconded by Council- man Behrendt. All in favor, motion carried. Transportation Director Yank Mo]o pointed out that his parking shuttle was running throug! a small portion of the mall between Galena and Crossroads. Mojo stated that is the only way he can make an effective shuttle to the Rio Grande parking lot. Ms. Stuller noted that one of the ordinances up for first reading was that the City Manager could waive some traffic requirements, which will take care of the shuttle bus. CITY MANAGER 1. Ski Pass Councilwoman Johnston suggested that the City could do the same thing the Ski Pass for County has doen. For employees that would like help with the ski pass, the County has Employees advanced $100 which the ski Corp will reimburse at the end of the season. The employee signs an agreement; should the employee leave, the $100 will be taken out of the final check. This is a means of helping the employee. Councilwoman Johnston said the Council has gone on record as wanting to help the locals ski; she would like to see the City do this for the employees. Mayor Standley commented that until the City hears on their appeal, this would be sub- verslve to the appeal process. Mayor Standley said he did not feel waiting 10 days to two weeks would be critical. Mayor Standley said he did not object to the City doing this, but he did think the City should wait until they have finished the admisintrative process. Councilman Wishart agreed, the City should not undermine their position. Finance Director Butterbaugh pointed out that the local banks will not give loans of $100 or $200. Councilwoman Johnston moved that the Council adop5 the agreement between the City of Aspen and it's employees and the City Council to loan s100 for a ski pass under the terms outlined earlier; seconded by Councilman Parry. Councilmembers Behrendt, Parry, Mayor Standley opposed; Councilmembers Johnston, Pedersen, Wishart and De Gregorio in favor. ~ Motion carried Councilman De Gregorio left the Council Chambers. INSULATION CODE Hal Clark, planning office, had summarized in a memorandum to Council what the County's commen~s on their insulation code were. Clark had two major comments. (1) The County Insulation Code adopted the ~nsulation code on June 2nd, which is pretty much into the building season. Quite a few problems were encountered with people who already had their plans on file. Clark stated this problem could be avoided by starting the code during the winter months so that architects can plan their buildings around thses requirements. (2) The County differs in the kind of building permits; they issue mostly single family permits. This requires and additional field inspection over a 980 sq. mile area. The City issues ap- proximately ten single family permits per year for only a two square mile area. Clark pointed out that problems arose because many people designed their o~n single family dwelling. Clark said the insulation code was more than plan check; it involved working with people to enforce the codes. Clark explained that the insulation code was divided into two parts (1) specific standard~ in the first part (2) design flexibility, heat loss factor per square foot. There is a section exempting mobile homes frQm the code. Clark noted this code could be retro- active to any building ih the~City of Aspen. Mayor Standley told Council at the last COG meeting it was proposed to upgrade insulation of elderly housing. Pitkin County was qualified for $350 maximum for each house. Mayor Standley wondered how one wouId bring an eighty year old house up to code for only $350. Clark told Council that the UBC reauires that new additions meet the code, not the house itself. A remodel of over 50 per cent of the value of the house, Then the whole house has to be brought u~ to code. Councilman Parry asked about stores with north facina ~lass; Clark answered that one could design the rest of the store above the insulation code. This is ~art of the design flexibility part of the code. MaYor Standlev p~inted out the high turn over in stores, with the door opening and closing a lot. Mayor Standley said he doubted there would be substantial savings excep~ in escalating the code of the building. Clark said there was a requirement for a second door. Clark stated the County had found substantial savings and the extra cost of building had been amoritzed over a short period of time. Clark told Council that the design flexibility of the code had been written by an engineer from Denver and Clark had spent much time discussing this with local architects. Clark pointed ou~ that commercial requirements are less than the requirements for residences. Councilman Behrendt moved to proceed with the adoption process: seconded by Councilwoman Pedersen. Councilman Parry asked if there weren't differences between the City and County with re- ference to the insulation code. Clark answered that the code was written with both the the City and County in mind, but hoped that input from City architects would come about ir the public hearing process. Councilmembers Johnston, Pedersen, Behrendt in favor; CouncilmembersWishart, Parry, Mayor Standley opposed. Motion NOT carried. Councilwoman Johnston moved to evaluate the present code with redevelopment for the City; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman Parry. Motion carried. WHEELER OPERA HOUSE BASEMENT Wheeler House Restaurant Gideon Kaufman, representing Joe Le Grand and Doug Muller, told Council his clients wanted to open a cafeteria style restaurant in the basement of the Wheeler Opera House. Kaufman told Council that the City and M.A.A. wanted to take advantage of the M.A.A. kitc] ~n equipment unused fornine months of the year and also supply low cost meals. Kaufman had drawn up cash flow projections and reviewed them with the finance director. The bank leal had been secured. City Attorney Stuller had drawn up a lease which had met with approval of all parties concerned. There is one area of conern, Kaufman told Council. The lease was to be a two year lease, December 1975 to December 1977, to coincide with the M.A.A. lease. Kaufman stated anothe~ termination date would be more feasible. This lease would preclude Kaufman's clients frei the winter season of 1977, and they do not get to use the basement space during the summe~ months. Kaufman requested Council not to terminate the lease in December 1977, but to allow it to continue until the following spring. It would be necessary for the M.A.A. to authorize keeping their kitchen equipment on the premises. Kaufman told Council that the feed back from people in town indicating this kind of operation would be a big success. The cafeteria will probably be open for breakfast and lunch from 6:30 a.m. to 2:30 p.m. There will be no dinner to begin with. Jan Collins, of the MA.A. told Council that they had analyzed the menu and found the prices to be right on. Ms. Collins asked if the M.A.A. could work out leaving their equipment in the space until the end of this proposed lease. City Attorney Stuller said yes. Mayor Standley sugges~e~ writing the lease so that they have the option of running through that winter and don't have the obligation. Kaufman agreed they would like the flexibility of time se that if his clients desire or need to they can stay; if they have to leave, they will not be liat e. Councilman Behrendt moved to concurr with this particular request on a later date on the restaurants, providing for the satisfaction of the M.A.A. and the City Attorney draws up a lease satisfying these problems; seconded by Councilwoman Pedersen. Mayor Standley asked what the feeling was of the other restaurants in town. Ms. Collins stated she had heard some comments. Kaufman asked for approval of the name wither Wheel~ House Cafe or Wheeler Cafe. There was no objection from Council. Mayor Standley pointed out there would be no liquor in the operation, either carry in or otherwise. All in favor, motion carried. Councilman Behrendt left Council Chambers. HPC Membership ORDINANCE ~83, SERIES OF 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read; seconded by Councilman Wishart. All in favor, motio carried. ORDINANCE a83 AN ORDINANCE AMENDING SECTION 24-9.2 OF THE ASPEN MUNICIPAL CODE SO AS TO EXPAND THE MEMBERSHIP OF THE HISTORIC PRESERVATION COMMITTEE BY PROVIDNG FOR THE APPOINTMENT OF THREE (3) ALTERNATE MEMBERS; PROVIDING THAT THE ALTERNATES ACT ONLY IN THE ABSENCE OF A REGULAR MEMBER WHO SHALL APPOINT THE ALTERNATE WHO WILL ACT IN HIS BEHALF; AND FURTHER PROVIDING THAT IF NO ALTERNATE HAS BEEN SO DESIGNATED, THE CHAIRMAN SHALL APPOINT was read by the City Clerk. Councilman Parry moved to adopt Ordinance ~83, Series of 1975, on second reading; sec- onded by Councilman Wishart. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~84, SERIES OF 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley close( Cor~mercial the public hearing. Bakeries Councilman Parry moved to read Ordinance ~84, Series of 1975; seconded by Councilwoman Johnson. All in favor, motion carried. ORDINANCE ~84 AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE INCLUSION OF COMMERCIAL BAKERY AS A PERMITTED USE WITHIN THE SERVICE/COMMERCIAL/INDUSTRIAL ZONING DISTRICT OF THE CITY was read by the City Clerk. Gouncilman Parry moved to adopt Ordinance ~84, Series of 1975, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCE 87, SERIES OF 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed t he public hearing. Quasi-Judicial Councilman Parry moved to read Ordinance ~87, Sereis of 1975, on second by Councilwoman Proceedings Johnston. All in favor, motion carried. ORDINANCE ~87 AN ORDINANCE IMPOSING HEARING PROCEDURES TO BE USED BY ALL CITY BOARDS, COMMISSIONS, AND THE CITY COUNCIL WHEN CONDUCTING QUASI JUDICIAL PROCEEDING~ ESTABLISHING THE RIGHT TO BE REPRESENTED BY COUNSEL, AND TO GIVE AND REBUT TESTIMONY;PROVIDING FOR THE MAKING OF A RECORD, FOR THE.ABSTENTION OF ~MBERS HAVING HAD EX PARTE CONTACT AND FOR THE MAKING OF FINDINGS AND CONCLUSIONS TO SUPPORT A DECISION MADE;REQUIRING THAT EVIDENCE ADDUCED AND EXHIBITS PRESENTED BE CONSIDERED PUBLIC RECORD AND MADE AVAILABLE FOR IN SPECTION;REQUIRING THAT TH©SE GIVING FACTUAL TESTIMONY BE PLACED UNDER OATH; ASBOLVING REVIEWING AGENCIES FROM APPLYING FORMAL RULES OF EVIDENCE BUT REQUIRING THAT DECISIONS BE SUPPORTED BY RELIABLE, PROBATIVE AND SUBSTANTIAL EVIDENCE;PERMITTING INSPECTION OF BUILDINGS AND PREMISES BUT ONLY WITH NOTIC IF DEMANDED BY THE APPLICANT; AND STATING THAT EXISTING NOTICE REQUIREMENTS REVIEW CRITERIA OR APPEAL PROCEDURES SHALL SURVIVE THE PROVISIONS OF THIS ORDINANCE AND NOT BE DEEMED SUPERSEDED THEREBY was read by the City Clerk. Councilman Parry moved to adopt Ordinance #87, Series of 1975, on second reading; seconde~ ~ Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. BUNGER WATER RIGHTS CASE City Attorney Stuller told Council this case was being appealed. Bunger Water Rights Councilwoman Pedersen moved to authorize City Attorney Stuller to authorize the City's water attorney to appeal; seconded by councilman Parry. All in favor, motion carried. RESOLUTION #42, SERIES OF 1975 Councilwoman Pedersen reminded Council that a year ago June, the City and County had no ambulance service at all. A new van ambulance is considered being purchased, which would Ambulance give the ambulance crew more room and would have room for more sophisticated equipment. Service Councilwoman Pedersen told Council she would like to see this van purchased. There would be a $5,000 trade in on the ambulance. This van ambulance would cost less than $2,000 ove a year to use. Councilwoman Pedersen moved to read Resolution #42, Series of 1975; seconded by Councilwom Johnston. All in favor, motion carried. RESOLUTION ~42 Joint Service Agreement WHEREAS, the Aspen City Council has been presented with a JOINT SERVICE AGREEMENT providng for the joint funding and operation of an ambulance service by the City, Pitkin County, and Aspen Valley Hospital, and WHEREAS, the C, ity Council wishes to approve such agreement but Section 13.5 of the Aspen Home Rule Charter requires that approval be by Resolution. NOW THEREFORE, BUT IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO; That it does hereby ratify and approve the Joint Service Agreement. was read by the City Clerk. Councilwoman Pedersen moved to adopt resolution #42, Series of 1975; seconded by Council. man Parry. All in favor, motion carried. Mayor standley stated he would like City Manager Mahoney to investigate lease versus purchase to see if there is anything of value in that. ORDINANCE ~91, SERIES OF 1975 City Attorney Stuller told Council that the Thomas property had to be rezoned because of a recent annexation. Planner Kane told Council this "C" conservation zone provides for active recreation but not railroad yards. Kane stated that highway relocation is not discussed in any zones; but is not specifically excluded. Mayor Standley stated , if the Cit~ wants the opportunity to put transit stop in that property, they ought to be able to do so. It sounds like that would be excluded. Councilwoman Pedersen moved to read Ordinance #91, seconded by Councilman Wishart. All in favor, Motio~carr~ed. ' 1911 ~ ~egula~ M~eti~ng ~n City ~°~ncil ~ ~ December~ .8' 1972 ORDINANCE a91 (Series of 1975) Thomas AN ORDINANCE REZONING A NEWLY ANNEXED PARCEL OF LAND COMMONLY Property KNOWN AS THE THOMAS PROPERTY AND CONTAINING THIRTY-NINE 99() ACRES MORE OR LESS TO "C" CONSERVATION was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~91, Series of 1975, on first reading and seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~92, SERIES OF 1975 Computer Loan Councilwoman Pedersen moved to read Ordinance ~92, Series of 1975; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE =92 AN ORDINANCE ADOPTED PURSUANT TO THE REQUIRMENTS OF SECTION 10.3 OF THE ASPEN HOME RULE CHARTER AND AUTHORIZING THE ENTRY BY THE CITY OF ASPEN INTO AN INSTALLMENT PURCHASE AGREEMENT (JOINTLY WITH PITKIN COUNTY) WITH THE LOCAL BANK OF ASPEN FOR THE ACQUISITION OF ONE HUNDRED TWENTY ($120,000.00) THOUSAND DOLLARS, PAYABLE IN MONTHLY INSTALLMENTS FOR A TERM OF FIVE (5) YEARS AT A RATE OF SIX (6%) PERCENT SIMPLE INTEREST Councilman Parry moved to adopt ordinance ~92, Series of 1975, on first reading; seconded by Councilman Wishart. Councilwoman Pedersen asked why the City was taking out a loan for the computer. Mayor Standley answered that the City was not wasting their capital, plus this 50 per cent the County's responsibility. Roll call vote; Councilmember Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~93, SERIES OF 1975 Emergency ~Equipment City Attorney Stuller told Council there was no technicality to allow the City Manager to in the Mal~ exonerate people from the parking requirements in the city. This is a means to accommodat the high turn over and also to accommodate service and delivery vehicles. Councilwoman Pedersen asked about access into the mall for doctors and patients. Ms. Stuller told Council she would see if she could expand the handicap section of the Model Traffic Code. Councilman Parry moved to read Ordinance ~93, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE 993 (SERIES OF 1975) AN ORDINANCE AUTHORIZING FIRE FIGHTING EQUIPMENT, AMBULANCES, POLICE VEHICLES, OTHER EMERGENCY VEHICLES, PUBLIC , AND PUBLIC UTILITY VEHICLES TO ENTER AND PARK IN THE PEDESTRIAN MALL; FURTHER AUTHORIZING THE CITY MANAGER TO PERMIT, ON CONDITION, SERVICE AND DELIVERY VEHCILES TO ENTER AND PARK IN THE MALL; AND, FINALLY, AUTHORIZING THE CITY MANAGER TO PERMIT SERVICE AND DELIVERY VEHICLES TO PARK IN LEGAL PARKING AREAS IN EXCESS OF ANY TIME LIMITATIONS THEREIN WHEN NECESSARY TO RENDER SERVICES OR DELIVER MERCHANDISE. was read by the City clerk. Councilwoman Pedersen moved to adopt Ordinance ~93, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote, Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley , aye. Motion carried. Councilwoman Pedersen moved to adjourn at 8:50 p.m.; seconded by Councilman Wishart all in favor, motion carried. Hauter, City Clerk