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HomeMy WebLinkAboutminutes.council.19840910Regular Meeting Aspen City Council September 10, 1984 Mayor Stirling called the meeting to order at 4:10 p.m. with Councilmembers Walls, Blomquist and Knecht and Commissioners Klanderud, Child, Kinsley and Madsen present. 1. Trails Trade Discussion. City Manager Schilling requested this be continued to the next Joint meeting. Mayor Stirling moved to table the trails trade discussion to September 24, 1984; seconded by Councilman Blomquist. All in favor, motion carried. 2. Transit Sales Tax Report. Tom Smith, county attorney, told the Boards he has met with Colorado County's attorney Chuck Heim. Smith also contacted the 8 other counties affected by this proposal. Smith has only heard from Rio and Boulder counties, who seem to be in support of the proposal. Sam Mamet, Colorado Municipal League, is getting in touch with the cities who would be affected. Adams, Jefferson and Arapahoe counties will be key to this issue. John Eldert, county manager, said he has contacted Basalt and they are favorable. Smith thold the Boards that Heim is not convinced there is not an equal protection problem and is sure the lesiglators will raise the equal protection issue. Heim indicated certain legislators are concerned about passing lesiglation dealing with equal protection or with Constitutional problems. The legislation is very protective of the 7 per cent tax limita- tion. Smith said Heim recommended that the staff draft more narrow legislation and also suggested an alternative. One alternative is narrower legislation allowing this proposal to apply in limited circumstances. The other alternative Heim suggested it to have a way ~o exceed the 7 per cent limitation in Pitkin county under these narrow circumstances in the overlapped area. Smith said Heim's argument is that there would be a jurisdiction in which different sales tax rates would apply in different parts of the county and there nee~ to be uniformity throughout the jurisdiction for equal protection. Councilwoman Walls pointed out that is denying Pitkin county's equal protection to be able to collect the sales tax. Councilwoman Walls asked about the possibility of redrawing the county line. Commissioner Kinsley said the county is also working on this; however, it would take a long time. This requires the majority of the voting land owners in the area in question. Kinsley said the county has concluded that changing the county line has to come from the land owners rather than the legislation. Smith said he is going to get a resolution to CCI with both alternatives. CCI will not oppose this but they feel there will be a big problem with the legislation. Smith said in order to get this legislation passed, the city and county will have ~o make a major effort and commitment. The city and county will have to lobby heavily to convince people of the importance of this legislation. Smith said he feels this will take 20 hours a week. The strategy will need to be carefully thought out. Councilman Blomquist asked how much per government this would cost. Eldert said the city and county could hire someone to lobby in Denver, which would be about $15,000, or the elected officials will be spending a lot of time in Denver. Commissioner Child said he wi~ be going ro the general government committee meeting this Friday. Mayor Stirling said the !~ Council budge~ may be able to handle this item. Eldert said the Commissioners have money ? for this, also there is a surplus in the RFTA budget. Smith said money is only part of il the commitment. Mayor Stirling favored funding $4,000 out of the RFTA budget to be spent !~ between the two Boards solely to get this proposal through the legislature. Mayor Stirling~ said RFTA will benefit from this proposal. Madsen and Councilman Knecht agreed. Kinsley said the money allocated to RFTA is money to run the bus system, and he would rather the money come from the general fund. Commissioner Klanderud agreed. ~ Council was unanimous on using RFTA money. Kinsley suggested the city take it where they please, same with the county. Child suggested a fact sheet laying out the problem and the proposed solution. Child also suggested having a Republican sponsor. Councilman Blomquis~ recommended asking Eve Homeyer to help in this effort. Mayor Stirling suggested Monroe Summers help coordinate this with Smith and Eldert. The elected officials coordinating this will be Commissioners Child and Kinsley and Councilman Blomquist. Smith reminded the Boards that Senator Glass and Representative McInnis both agreed to sponsor this. Ms. Klanderud said Eagle county and Basalt should be asked if their elected officials would be willing to help. CONTRACT/RUEDI TRAILHEAD Councilman Blomquist moved to approve Resolution ~30, Series of 1984; seconded by Councilman Knecht. Mayor Stirling asked how much this will cost. Finance Director Sheree Sonfield said this is budgeted in the Ruedi bond proceeds. Mark Fuller said $50,000 was budgeted. The staff negotiated with the Forest Service and contractor to bring the bid to $47,000. All in favor, motion carried. Commissioner Child moved to approve the resolution; seconded by Commissioner Klanderud. All in favor, motion carried. Commissioner Kinsley said the Board got comments about the lights in the vicinity of the Mill street bridge were removed when the bridge was redone and were not replaced by the city. Kinsley said apparently this is the city's responsibility. Also a fire hydrant was taken ou~ on Spruce street. Kinsley asked if the city intends to replace these items. Pat Dobie, city engineer, said when the Mill street bridge and Gibson avenue were redone, all the utility companies relocated their items at their expense except for the city. Dobi~ said the city refused to remove the fire hydrant and the street lights. The lights were never replaced, and the contractor who removed the fire hydrant was never paid. Mayor Stirling asked City Manager Schilling to look into this problem. Mayor Stirling asked if the BOCC would be interested in holding public discussions on the proposed ballot issues of consolidation and the highway 82 alternatives. The Commissioners said great idea. At the September 24th joint meeting, dates will be set for these public hearings. COUNCIL MEETING MINUTES Councilman Knecht moved to approve the minutes of August 13, 1984; seconded by Counc~lwoma~ Walls. All in favor, motion carried. ~u~ ~u~9 ~spen cl~y ~ouncl£ September 10, 1984 CITIZEN PARTICIPATION 1. Dave Zaagman told Council there is a television program on Tuesday at 7:30 p.m. about Mercury poisoning. Zaagman requested Council direct a staff member to watch and to report to Council on this problem. Mayor Stirling asked that someone from Environmental Health department watch the program and report to Council. 2. Tom Eirman, M.A.A., said his organization has a serious concern about student housing for 1985. Eirman brought a letter to the Aspen Mountain Lodge project about their require- ments for housing. Eirman pointed out the Aspen Mountain Lodge project did not start demolition in 1984, and the M.A.A. was able to use the Aspen Inn, Continental Inn and Blue Spruce for their student. Eirman said he wants Council to be aware of this well before the 1985 season. Joe Wells said this is a long standing threat to a valuable community institute. The Aspen Mountain Lodge project has had discussion with the M.A.A. about the need to form a group. Wells said he would be happy to participate to examine the problem and bring back a recommendation to Council. Councilman Blomquist pointed out Margaret Albouy's task force is studying incentives for the work force and this problem to some extent. Councilman Blomquist said it would make sense to ask Albouy's group, when they are done with their report, to follow up on the M.A.A. housing problem. Mayor Stirling asked Assistant City Manager Ron Mitchell to get in touch with Mrs. Albouy. Also~ Eirman should give a copy of his letter to the ARA. 3. Gideon Kaufman, representing the Hyman Avenue Building, presented two problems to Council; one is the parking signs in front of the building have been changed from 30 minutei parking to 15 minute parking, which results in a hardship for people trying to shop in the building. Kaufman said he feels this building should have the same parking limits as all other businesses. Kaufman told Council the signs say the parking is for the tourist information center. People think the Hyman Avenue Building is the tourist information center. This, too, is a hardship for people in the building, it is interfering with their business. Kaufman said the signs should be on the other side of the street. Mayor Stirling said the city engineer has a committee to study signs throuqhout the entire town. City Manager Schilling said he would have the committee look at this immediately. Mayor Stirling said every business in town is a visitors center and needs to disperse information about the town. Councilman Blomquist said he would like the awning at the Wheeler changed from "box offfice" to "visitors center and box office". Mayor Stirling asked Monroe Sur~mers to work with the CCLC and Wheeler Board about this. Sherry, owner of the tee-shirt shop, told Council the parking in front of their building used to be diagonal, which resulted in more spaces and would like the parking changed back to diagonal. Sherry told Council that the shops are being inundated with people asking tourist information questions to the point where real customers cannot be waited on. Mayor Stirling said he would have the traffic committee look at the diangonal parking issue also. COUNCILMEMBER COMMENTS 1. Mayor Stirling requested scheduling a tour of the bus maintenance facility. Mayor Stirling said there is a work session September 17th at 5:00 with the CCLC on the proposed lighting plan. Council scheduled the tour of the bus maintenance facility for 6 p.m. on September 17th. 2. Mayor Stirling reported the grant for the upgraded Neale street bridge was awarded to the city by the state. However, the work will not be done this fall but in the fall of 1985. 3. Mayor Stirling said the Mayor's Cup golf tournament will be held September 30th. Right now the Podolak-Buffet shoot out golf tournament is going on. A lot of people have come into town for this tournament. 4. Councilman Collins said he has received a number of calls about water rates; those on flat rates are being billed double. Councilman Collins said he would like information on how many are on flat rates for the budget hearing on water. Mayor Stirling suggested an entire budget session on water rates, projections, history, etc. 5. Councilman Knecht said during the budget process for 1985, it is a good time to look at having the planning department split off from the county and the city having their own planning department. Councilman Knecht moved that the City Manager report before the planning department budget hearing his interpretation about splitting that particular department and then Council make a decision how they want to proceed; seconded by Councilman Blomquist. All in favor, motion carried. SHELLMAN TRANSIT COMMITTEE REPORT Dwight Shellman introduced the committee of Terry Schaefer, Dick Fenton, Paul Sheldon, David White, himself and Dan Gold. Shellman told Council he felt this was an excellent committee and they are prepared to present an unanimous report. Terry schaefer ~ead the report to Council. The committee members conducted such inspection of City bus service and ridership as was deemed necessary. The committee confined itself to practical short term improvement recommendations for Council to look at during the budget process. The recommendations are pointed at seasonalization of city routes because there is sufficient time to plan these. The winter service should be monitored to,identify opportunities for cost reduction measures in the winter 1985-86. The report does not address the downvalley and Snowmass systems. The report recommends the Council adopt seasonal operational policies such as spring minimum skeleton service; budget for demand activited augmentation of skeleton service; use smaller, more maneuverable vehicles; purchase small van-buses; install modest shelter system-wide; retain stop on demand policy; publicize new service policies and adopt service petition/neighborhood hearing procedures; authorize necessary Rubey park planning. Regular Meeting Aspen ~l~y ~ouncl£ ~L~IL[U~i ±U, ~mO~ The non-operational recommendations are budget savings should be applied to negliected transportation and open space needs; annual certified audits and management letters of RFTA should be required; limit RFTA's mission to contract transit management; adopt minimum standards of management competence; and defer discussion of fares. The report outlines these recommendations in detail. David White, committee member, submitted a separate report. White praised the committee'sll work and said the recommendations are very pointed in view of the fact that budgetary cuts are coming. Shellman said this committee is seeking to have Council grapple with the!i city bus service and to give guidance to the representatives on RFTA. Shellman said he would like Council to review the report and adopt these policies. Helen Klanderud said the intergrovernmental agreement requires RFTA present their budget in September. Mayor Stirling moved to put this report on the September 24, 1984; agenda; seconded by Councilman Blomquist. Councilman Collins reported on the RFTA meetings; they authorized the manager to add one supervisor and two additional drivers. The RFTA Board is going to interview management firms as the manager of RFTA. Councilman Collins said he would ask the RFTA Board to consider this report at their next meeting and will report back to Council on September 24~ Helen Klanderud suggested maybe this out to be an item for the joint agenda. All in favor, motion carried. ORDINANCE #24, SERIES OF 1984 - Annexing Sunny Park North Mayor Stirling opened the public hearing. City Attorney Taddune told Council the water rights deed has not been given to the city. The water counsel states there are no water rights with this annexation. Having~a!water rights deed would accomplish nothing but maintain consistency of a city policy. Taddune said he has not heard anything from the planning office regarding zoning. Mayor Stirling said Council has discussed what was allowed on the property previously. Mayor Stirling suggested staff start the zoning procedure. Councilman Blomquist moved to table this ordinance until September 24, 1984; seconded by Councilman Knecht. Mayor Stirling said if the county has any time restraints regarding this, he would like to know about it. All in favor, motion carried. ORDINANCE ~26, SERIES OF 1984 - Refunding Bonds Finance Director Sheree Sonfield told Council two weeks ago Council passed this ordinance in order to sell bonds at 9-3/4 per cent. In the meantime, the bond market slipped and it does not appear the city would have a savings of $200,000. Ms. Sonfield recommended leaving this ordinance o~ hold to retain the ability to sell the bonds if the bond market comes back up. Councilman Blomquist moved to table Ordinance ~26, Series of 1984, until September 24, 198~; seconded by Councilwoman Walls. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Gilbert's Mayor Stirling said this is a request to transfer a license formerly issued to Aspen Bar & Grill. Mayor'iStirling asked about the nature of the operation of GCS Inc. d/b/a Gilberts. Gary Wright, representing the applicant, said Gilbert Swanson is 100 per cent stockholder of this application. Wright and Nancy Tattle are directors. Wright said Swanson was part owner of the Village Deli in Snowmass. Gilbert's operation will be similar to the former operation. Wright said the applicants are in the process of remodeling and cleaning the location. Wright tOld Council he negotiated a new and very favorable lease with the landlord. Councilman Knecht moved to approve the transfer of the liquor license to GCS Inc. from Mitchell Baldwin Inc; seconded by Councilman Blomquist. All in favor, motion carried. REQUEST FOR FUNDS - Rugby Club Cindy sharer, finance department, told Council the Rugby Club is requesting $4500. In 1977 Council gave $1400 to the Rugby Club. The Rugby Club has not received any money since them. Ms. Shafer recommended Council review this with the other non-profit groups for 1985 requests. Ms. Shafer told Council the original non-profit requests total $149,000. Only six groups received the full amount of their requests; nine of the twenty groups requesting money received less than $3,000. The other options are to approve or deny the entire request; fund part of this in 1984 and not fund any requests until 1986. Rob Synder, president of the Rugby Club, said Aspen Rugby is an integral part of the Aspe~i summer scene; they have been playing here 17 years. The Ruggerfest has grown to the top tournament in the U.S. Snyder said they have structured the club to be self-suff~clent,~ they have fund raisers, beer sales, members pay dues. Due to the tours of England in 1977 and proposed in 1984, the club is short of funds and is asking Council for assistancei. Snyder said the Rugby Club will be in England, Scotland and Ireland, will be representing'ii Aspen, will be playing top clubs overseas, and will be promoting Aspen as a year-round tourist community. The London Welsh came to Aspen in 1982 for 10 days and brought 50 people. Snyder said the club will getting materials from the ARA and both skiing companieis. Snyder said the club would like to upgrade their medical coverage for Ruggerfest, which is a request for $750. Snyder said when clubs go on tour, it is traditional to give other hosts gifts. Snyder said they are planning on taking U.S. and Colorado flags as well as give plaques to the host clubs. These two requests are $1100. Snyder told Council the transportation cost is approaching $33,000 of which the players are paying half. TheyI have raised the balance through the beer and tee-shirt sales and the raffle. The club is requesting $2700 for travel assistance. The total request is $4500. ~.~ ..... v~=~u~,~ Aspen C~ty Council September 10, 1984 Snyder said the Rugby club plays eight home games, plus Ruggerfest. The active participant~ in Ruggerfest is 750 people plus spectators. Mayor Stirling agreed Ruggerfest is a key autumn event and stimulates town and brings revenues. Mayor Stirling said the city is already contributing to the Rugby club by providing fields and practice fields. The Council donated a golf pass for last year's raffle. Mayor Stirling said he would rather the rugby club come to the 1985 budget requests at the end of this month. Snyder told Council they asked Aspen Airways and Rocky Mountain Airways for ticket donation; they turned the rugby club down. Snyder said the team is leaving at the end of the month. Councilman Knecht said he feels the Rugby club members are great ambassadors for the city. Councilman Knecht said he would like to approve $750 for medical services and $1100 for flags and plaques for a total of $1800. Councilman Knecht moved to allocate $1800 in Council's non-profit budget for the Aspen Rugby Club for this particular tournament; seconded by Councilman Blomquist. Councilman Collins asked why the rugby club did not come in during last year's budgetting. Snyder said the club did not determine to go on tour until late 1984. Mayor Stirling said Council is trying to get all requests for funds organized and to come to Council at one time. Mayor Stirling said he would prefer to review this at this year's budget hearings. All in favor, with the exception of Mayor Stirling. Motion carried. SMUGGLER AREA ANNEXATION City Attorney Taddune told Council at Mick Ireland,s request, he prepared a withdrawal of opposition to the original petition for annexation election. Taddune reported there has been no movement on the part of the people sponsoring the petition or the people opposed to the petition. Mayor Stirling said this entire issue has been fraught with unresolved problems and his inclination would be to say that the original petition is not sufficient. Mayor Stirling moved to adopt Resolution #24, Series of 1984, stating that the petition is not in compliance with state statutes; seconded by Councilman Blomquist. Jon Busch asked if the city would cover the legal fees for resubmitting the annexation petition. All in favor, motion carried. Councilman Blomquist moved that it is the policy of the city of Aspen on annexations proposed by citizens of areas that are urban in nature, that are already developed, to allow the city attorney and city engineer to participate with the citizens in drawing a logical boundary, a legal description and a proper petition form; seconded by Councilman Knecht. Mayor Stirling said he would first like to see the report from the city manager to analyze the entire annexation study in order to understand the implications of annexation. The Council has to look at water rates, police, streets, and environmental issues. Councilman Blomquist amended his motion to include "so long as said annexation proposal is consistent with city policy". Councilman Blomquist said that would mean if the city has an annexation policy, the staff can help. Councilman Blomquist said his motion eliminates developable land. City Manager schilling said when a perspective annexation is consistent with the city's policy, it is an obligation of the city to prepare documents and help facilitate the annexation. Councilman Blomquist amended his motion to include "the staff will bring the proposal to Council before it begins any work"; seconded by Councilman Knecht. All in favor, with the exception of Mayor Stirling. Motion carried. ORDINANCE #20, SERIES OF 1984 - Handicap Access Amendment City Attorney Taddune told Council a group met on this ordinance and has come up with some changes. Taddune will prepare legislation to meet these standards. Mayor Stirling opened the public hearing. Alan Richman, planning office, said the purpose of Ordinance #20 is to repeal an amendment to the UBC adopted by Council. This amendment allows certain buildings not to comply with the handicap access requirements of the UBC. George Parry had pointed out the reason a previous Council adopted this amendment was a hardship on small lots or buildings to provide handicap access. Council appointed a committee to address handicap access and the expense of providing this. The Committee said the ~gislation should come as close to the Uniform Building Code as possible for both new buildings and buildings changing in use or occupancy. The building inspector pointed out there is a state UBC stipulation saying if handicap access c~sts more than 2½ percent of the total construction costs, this can be waived. Richman said this seems to be a good parameter for when having handicap access would be too much of a hardship for the developer. Mayor Stirling asked if there are guidelines for this provision; it seems it could be manipulated. Richman said for any criteria the Council might adopt should be substantiated. The state found 2½ per cent to be a reasonable criteria. Councilman Blomquist said 2½ percent on a large project could be a very small amount. Councilman Collins said a project would have to cost over $2,000,000 to put in a $50,000 elevator. This seems to be too low. Councilman Blomquist said he would like more information. Councilman Knecht suggested reviewing this on an individual basis. Richman said he would be glad to get information from staff and the building department. George Parry pointed out buildings on 2 or 3 lots want to provide elevators because it increases the value of the building. Regular Meeting Aspen City councl± ~Fu=~=~ ~v, Councilman Collins said he would be interested in knowing what other cities in Colorado arei! doing. Parry said he contacted four cities in Colorado, and they all do it according to their own needs. Councilwoman Walls suggested passing Ordinance 420 as is to prevent any buildings being built without access and instruct the planning office to come back with solutions to problems that have been pointed out about small buildings, how other cities address this. Mayor Stirling said he does not favor exemption square footage for an elevator from the FAR as it has the potential to allow a more excessive building and greater density. Mayor Stirling said he would like some alternatives to this, like the size and occupancy of the building. Parry pointed out an elevator would only be 100 square feet; exempting it from the FAR would produce an incentive for putting an elevator in. Mayor Stirling said he not the precedent of going over the FAR. Drake Jacobs said the purpose of the FAR is to address the useable space of the building which generates revenue; an elevator does not generate revenue. Councilman Collins said an elevator is a small amount of area; mechanica~ areas are excluded from .the FAR presently. Councilwoman Walls moved to adopt Ordinance 420, Series of 1984, on second reading; seconde~ by Councilman Blomquist. Councilman Blomquist said he would like a report on the other items discussed as soon as possible. Councilwoman Walls said the P & Z should be encouraged to consider exempting elevators from the FAR. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Walls, aye; Knecht, nay; Mayor Stirling, nay. Motion carried. Mayor Stirling moved to direct the planning office to continue working on this with the suggestions that haVe been made tonight and bring it back to Council with recommendations as soon as possible; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE 427, SERIES OF 1984 - Amending Section 19-77(a) Backfill Councilman Collins moved to read Ordinance 427, Series of 1984; seconded by Mayor Stirling.i! All in favor, motion carried. OP~INANCE ~27 (Series of 1984) AN ORDINANCE REPEALING AND REENACTING SECTION 19-77(a) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ALLOW FOR THE USE OF CERTAIN NATIVE MATERIALS AS BACKFILL, IF APPROVED BY THE CITY ENGINEER was read by the city clerk Councilman Collins moved to adopt Ordinance 427, Series of 1984, on first reading; seconded by Councilman Blomquist. Jay Hammond, city engineer, told Council this amendment was prompted by Centennial project and their engineer questioned the city provision requiring select or roadbase backfill. Hammond said the Code gives no latitude in excavation under paved areas. There is a section in the code giving the engineer flexibility to allow native material in areas that are to be graveled. Hammond said it is possible to obtain compaction requirements with native material. Hammond said staff is asking for an amendment to give flexibility and discretion in areas where material is proper and available for backfill. Councilman Blomquist asked if the water, electric and sewer departments have approved this. Hammond said he discussed this with the electric and water departments who did not have any particular concerns. They have not commented in writing. Councilwoman Walls said if this has been a code provision since 1977, why hasn't this come up before. Hammond said most of the excavations have been done by the city or sanitation district. There hasn't been a large excavation in the metro area under paved areas. Councilman Blomquist said this amendment makes sense and could lower the cost of a project.~ Mayor Stirling asked if this would take more city time and money. Hammond said not a significant amount; the engineering department would visit the site and observe the propose~ backfill material. Mayor Stirling said because of the size of Centennial and the traffic on the roads, the back fill should be done extremely well. Hammond said native materials can achieve adequate compaction. Mayor Stirling asked if a geolog~ firm signs off on the materials and the road dips, will the geology firm fix the road. Hammond said the city requires a guarantee from the developer and contractor for the subsidence possibilities, so the geologist, contractor and developer would be liable. City Manager Schilling told Council the requirements in ABC for backfilling are very rigorous. Schilling said if the proper backfilling procedures using native materials are followed, the city should have as good a project. Schilling said his concern is that the city has no control over the testing that is done, and would like to have the city have some control over the soil compaction tests. A. J. Zabbia said the city always requires the developer to pay for the soils tests but that the laboratory be choise and be supervisei~ by the city. Hammond said at Centennial, staff has discussed the inspection procedures and Centennial will be providing the city with compaction reports on a weakly basis. Councilman Collins pointed out it appears the code already allows the city engineer to do what this amendment addresses. ~rake Jacobs said the developer discussed this and felt they wanted a clarification from Council. Jacobs said the proposal as written constitutes proven engineering criteria. Aspen and Glenwood Springs are the only two cities in the state requiring select material. The sanitation district's requirements are the same as this proposal. Hammond said in section 19-77 it addresses "select" material rather than "native" and that is the way he has interpreted it. Roll call vote; Councilmembers Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. Regular Meeting Aspen City Council September 10, 1984 BOARDS AND COMMISSION REPORT City Clerk Kathryn Koch represented a report on P & Z, Board of Adjustment, CCLC, HPC and the Wheeler Board of Directors. Three terms on the P & Z have expired, and two members on the Wheeler Board have expired. Mayor Stirling suggested writing these members to see if they plan to continue on the Boards and then have Council formalize that action. Councilman Blomquist said Council should have a policy to establish dates of terms clearly, should address if the terms should be staggered, should the Boards be cut back to five members, and perhaps set a maximum number of years people can serve. Councilman Blomquist said he would like to have an evaluation mechanism for the members on the different Boards. Council requested the city clerk to find out about the HPC terms, to report on Board of Appeals, Clean Air Advisory Board, Housing Authority and RFTA Board. Council requested the clerk to notify those whose terms have expired and also to advertise for the 3 vacancies on P & Z and the two vacancies on the Wheeler Board. Staff is also to investigate the size of the Boards and report back to Council. ORDINANCE #28, SERIES OF 1984 - Amendment to Subdivision Regulations Councilman Knecht moved to read Ordinance ~28, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~28 (Series of 1984) AN ORDINANCE AMENDING SUBSECTION (s) OF SECTION 20-3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO PROVIDE IN PARAGRAPH "(4)" THEREOF FOR COURT-ORDERED EXEMPTIONS FROM THE DEFINITION OF SUBDIVISION ONLY IF THE CITY IS GIVEN TIMELY NOTICE OF THE PENDING ACTION BY THE COURT AND GIVEN AN OPPORTUNITY AS A PARTY IN TEREST TO RAISE THE ISSUE OF WHETHER THE METHOD OF LAND DISPOSITION PROPOSED THEREIN WOULD EVADE THE DEFINITION OF SUBDIVISION was read by the city clerk Councilman Knecht moved to adopt Ordinance ~28, Series of 1984, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. LIQUOR LICENSE RENEWALS - R. Pea's; Carl's Pharmacy; Skier's Chalet; Smuggler Land Office City Clerk Koch reported the environmental health department would like R. Pea's tabled in order to comply with some inspection requirements. Ms. Koch told Council R. Pea's has not paid the mall rent as they feel it is too high and has requested CCLC to sponsor this to Council, which has not been done. ~ Councilman Blomquist moved to table R. Pea's until September 24, and approve the other renewals; seconded by Councilman Collins. All in favor, motion carried. CONTRACT AWARD - Rubey Interconnect and P~rk Circle Waterline A. J. Zabbia told Council three contractors requested bid packages; only two bids were received from West Slope Utilities and K. R. Swerdfeger. Swerdfeger was the low bidder at $170, 543. Staff is recommending the bid be awarded to Swerdfeger, who has done work for the city before. Councilman Knecht moved to approve the contract award to K. R. Swerdfeger; seconded by Councilman Blomquist. All in favor, motion carried. Councilman Knecht said he has had numerous complaints about McDonald's trashing the mall. Councilman Knecht said he has gone over and talked to them. Councilman Blomquist agreed but pointed out there are also beer bottles and glasses spread around. Councilman Blomquist suggested looking into banning paper containers. Councilman Knecht said McDonald's has added to the trash pick up and the taxpayers shouldn't have to pay for this. David White said P & Z has discussed this twice and it is a concern. Council asked staff to come back with some suggestions for this problem. Councilman Collins requested that snow dump removal site be on the next agenda. Councilman Blomquist moved to adjourn at 8:15 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn ~ Koch, City Clerk Regular Meeting Aspen City Council September 24, 1984 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Child called the meeting to order at 4:15 p.m. with Commissioners Madsen, Klanderud and Blake and Councilmembers Walls~ Knecht, Blomquist and Mayor Stirling present. 1. Trails Discussion. City Manager Schilling told the Board he and county manager John Eldert have had discussions at the staff level and have reached agreement on most of the major issues. Schilling said the staff is recommending that the city assume ownership in fee and dedicated easements on trails within the city environs. The term "city environs" is vague and has not exactly been defined. The city will agree to maintain the trails at least to the level of the county effort. The county will deed Wagner park separately to the city. The countv will aqree to assist the city in obt~n~na ~m~ ~h~-~ .......