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Home My WebLink Aboutminutes.council.19781218 Regular Meeting Aspen City Council December 18, 1978 Mayor Standley called the meeting to order at 5:15 p.m. with Councilmembers Anderson, Behrendt, Isaac, Parry, and Van Ness present. ~lso present City Manager Mahoney and City Attorney Stock. MINUTES There were no minutes submitted ACCOUNTS PAYABLE Councilman Isaac moved to approve accounts payable; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Behrendt said at Rubey Park between 11:30 p.m. and 1:30 a.m. there is an Rubey park enormous mess with buses coming in and dumping people off. Councilman Behrendt asked if the staff would look into this, and come up with some recommendations. It looks like the customers of the community will not be able to get here, or will be mad when they get here. Stalf said he would investigate this; he told Council the Rubey Park office is manned until midnight; buses do come in after midnight. Rubey Park is full of people going to Snowmass, coming in on Trailways. Stalf said he would report back. 2. Mayor Standley announced Council had decided to schedule a hearing, December 29, to Liquor License consider a liquor license violation of operation by the Jerome Bar. Chuck Dotson, state violation - liquor enforcement officer, said the police department was in a situation at the Hotel Jerome Bar Jerome; this has been reported to Council. The manager of the bar was involved in profanity and lack of cooperation with the police. Dotson said this is contrary to Regulation 47-105.1, conduct of establishment, which requires the licensee conduct the premise in decent and respectful manner. Dotson said it is very important that bar owners and managers cooperate with the local police. Dotson recommended to Council they conduct a hearing to see whether or not to approve the application for renewal of the existing license. Council must give the licensee 10 days notice to do that. Dotson said this is very short notice and toward the end of the year, but if the Council does not support the police, the City will not get enforcement nor cooperation from the bars. ~=~u~=z ~vl~u~n9 aspen ~l=y council DeceraDer 11, 197~ RESOLUTION NO. 29 (Series of 1978) WHEREAS, City Manager requested writing the transfer of the has in part or all of certain unencumbered appropriation balances from one depart- ment, office, agency or object to another, and WHEREAS, by virtue of Section 9.12 of the Home Rule Charter the City Council may make appropriation transfers, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: UPon the City Manager's request, the City Council hereby makes a transfer of appropriations in THE AMOUNT of $41,494 from those GENERAL FUND DEPARTMENTS listed on attached EXHIBIT "A" to the GENERAL FUND DEPARTMENTS listed on attached EXHIBIT "B". was read by the city clerk Councilman Parry moved to adopt Resolution #29, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. POLICY RE: USE OF CITY ATTORNEY BY COUNCILMEMBERS City Attorney Councilman Van Ness said he would like policy guidelines. This falls under personnel and policy areas of litigation; Council decided to have an executives session following the meeting. PURCHASE OF HORWITZ PROPERTY i~ Stock told Council the attorney for Horwitz has prepared the documents and is prepared to Horwitz propertyI go to closing, and requested this be done this year. Ms. Butterbaugh is concerned that purchase unless the City has the $25,000 given to them, the City really doesn't haVe the money. If Council wants to close this year, it is recommended that when the sixth penny sales tax ordinance comes to them, they amend it to include the $25,000 expenditure to purchase the Horwitz property. Mayor Standley asked Stock if he had worked with all parties so !. that they will come up with the money they said they would. Mayor Standley said the Ski Corp would come in for $10,000 and the Centre or North of Nell for $15,000 to make the deal work. The funds have to be certified before the City can close. Councilman Behrendt asked the City Manager come back next meeting with a recommendation Enforcement concerning personnel and a liason and enforcement officer in the areas of the city attorney officer for and building department. Councilman Behrendt said there is a frustration in pursuing codes enforcement. Mayor Standley told Councilman Behrendt to meet with Mahoney and work this out. Councilman Parry moved to adjourn at 8:45 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. Kathryn~. Koch, City Clerk Regular Meeting Aspen City Council December 18, 1978 Mayor Standley called the meeting to order at 5:15 p.m. with Councilmembers Anderson, Behrendt, Isaac, Parry, and Van Ness present. ~lso present City Manager Mahoney and City Attorney Stock. MINUTES There were no minutes submitted ACCOUNTS PAYABLE Councilman Isaac moved to approve accounts payable; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION ~ There were no comments. COUNCI~MEMBER COMMENTS 1. Councilman Behrendt said at Rubey Park between 11:30 p.m. and 1:30 a.m. there is an Rubey park enormous mess with buses coming in and dumping people off. Councilman Behrendt asked if the staff would look into this, and come up with some recommendations. It looks like the !i customers of the community will not be able to get here, or will be mad when they get here. Stalf said he would investigate this; he told Council the Rubey Park office is manned until midnight; buses do come in after midnight. Rubey Park is full of people going to Snowmass, coming in on Trailways. Stalf said he would report back. 2. Mayor Standley announced Council had decided to schedule a hearing, December 29, to Liquor License consider a liquor license violation of operation by the Jerome Bar. Chuck Dotson, state violation - liquor enforcement officer, said the police department was in a situation at the Hotel Jerome Bar Jerome; this has been reported to Council. The manager of the bar was involved in profanity and lack of cooperation with the police. Dotson said this is contrary to Regulation 47-105.1, conduct of establishment, which requires the licensee conduct the premise in decent and respectful manner. DOtson said it is very important that bar owners and managers cooperate with the local police. Dotson recommended to Council they conduct a hearing to see whether or not to approve the application for renewal of the existing license. Council must give the licensee 10 days notice to do that. Dotson said this is very short notice and toward the end of the year, but if the Council does not support the police, the City will not get enforcement nor cooperation from the bars. ~egu±ar ~eetang aspen ~aty uouncla December t8, ±978 the clerk's office, they could have approve for legally changing the dates without going through the whole process. Council decided this was alright as long as the clerk has been notified and there are no more than ten days for permits. All in favor, motion carried. APPLICATION FOR A TAVERN LICENSE - Paragon Mayor Standley opened the public hearing. City clerk reported the files, posting and Liquor I~cense publication were in order. new application Paragon - Ted Koutsoubos, owner of the Paragon, told Council basically this is surrendering his tavern hotel and restaurant license for a tavern license. Koutsoubos told Council he is doing this because of the 25 per cent gross revenues from the income of food. Koutsoubos pointed out there should be no increase or decrease in the number of licenses; he is just changing types of licenses. Mayor Standley said Koutsoubos as taking away a license requiring a certain portion of food, and changing the type of outlet within the neighbor- hood. Koutsoubos told Council when the choice came around two years ago whether to be a tavern or a hotel and restaurant license· he chose to be a restaurant. The demand at his establishment has been for drink and dance; therefore the percentages got way out of whack. Koutsoubos told Council he is expanding the kitchen just to meet the increased volume; the food served will still be there. Koutsoubos said the customers really tell what the establishment is; he thought disco would die a couple of years ago, and it is getting stronger and stronger. Councilwoman Anderson said she supported the general philosophy you should be what you are. Mayor Standley asked for opponents. There were none. Mayor Standley closed the public hearing. Councilman Behrendt moved that based on the evidence presented at the public hearing held December 18, 1978, relating to an application by the Paragon for a tavern license, the City Council finds that the needs of the community have not been met, and that the license as applied for should be granted, conditioned on the surrender of the hotel and restaurant; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry came into Council Chambers. CONCEPTUAL SUBDIVISION - Gordon Richard Grice planning office told Council this application is requesting a lot split Conceptual and is exempt from growth management by virtue of Ordinance 3, 1978. There is an exist- Subdivision ing single family residence, and provided there is enough land area, the applicant has Gordon the right to an additional lot for single family residence only. This has been reviewed %'~tabled by Council as the Van Horn subdivision under GMP competition. The adopted trails map is not real clear about the trail in this area, and showed the trail runnang along the river. John Young has asked for an additional trail to cross the property in an east-west fashion. Mayor Standley said Council has been over this particular trail, and thought it was worked out. Councilman Behrendt said this is an important segment to the trails systems, and he would not like to see the City exposed. City Manager Mahoney said he felt this trails issue ought to be resolved before Council goes any farther with the approvals. Tam Scott, representing the applicant, said the east-west trail just showed up today. Mayor Standley suggested tabling this until the January 8 meeting and instruct the planning office, Mahoney and trails people to come up with a resolution. Councilwoman Anderson moved to table until January 8, 1979, meeting; seconded by Council- man Isaac. All in favor, motion carried. SENATE BILL 137 Non-smoking sections in restaurants Councilwoman Anderson told Council a bill passed the state Senate in June, which law Non-smoking states basically (1) in buildings owned by the state or other political entities, non- sections in smoking in these buildings, unless otherwise designated, and (2) in restaurants, they restaurants are encouraged to have non-smoking and smoking sections; they must have a sign which tells people whether they have a smoking and non-smoking section. Councilwoman Anderson said she felt this was a good compromise for non-smokers. The County Commissioners rewrote this with a penalty clause, Councilwoman Anderson would like the Council to adopt an existing law but with penalties. Mayor Standley asked why not just adopt a no-smoking ordinance. Councilwoman Anderson reiterated this is a compromase for both sides who feel they~have their rights. Dunlop said he had been putting together an informational packet to send to all the restaurants including the law. Councilwoman Anderson pointed out when the County redrafted this they put in specifications for the sign. Dunlop said the City would have to have provisions for supply the signs to operators or having a uniform lettering. Councilman Van Ness said he felt a law without a penalty goes into the temporary insanity category; there will probably be revaslons on the law. On principle, Councilman Van Ness stated be objects to having sagns telling everything to do or not to do. Councilman Van Ness would like to wait to see what the state as going to do. Councilwoman Anderson said she had received many requests to do something about this and feels this is the most reasonable compromise. It gives both sides a choice, and is an informational thing. If everyone is paying the same price for a meal, the smoker is imposing something on the non-smoker. Councilman Wishart said he felt it was a silly law; smoke disperses so it doesn't matter what side of the line one is on. It is a victimless crime, this is not a place government should be steppang Regular Meeting Aspen ~lty ~ouncl± December £~, ~/~ Councilwoman Anderson said she would like to see this law rewritten into a city ordinance with some penalties. Stock said he wanted to see which kind of an ordinance the Council would prefer, an ordinance adopting non-smoking sections, or an ordinance adopting the provisions of state law. Mayor Standley noted that any Councilperson has the right to have any ordinance drafted for consideration. This has been procedure for the last 6 years. Councilwoman Anderson said she would be happy with restaurants that do not have non-smokin¢ sections to post a sign. Non-smokers can then make a decision. Dunlop said he would havel difficulty with enforcement; if there are penalties, who will be enforcing it. Mayor Stand~ey stated he would support any ordinance creating a non-smoking sections; to pass a resolution to identify section is superfluous. City Attorney Stock said he would draft an ordinance for the next Council packet. ORDINANCE ~39, SERIES OF 1978 - Condominiumization Policy Ord. 39, 1978 Mayor Standley opened the public hearing. There were some changes covered in the memo. Condominiumiza- Mayor Standley closed the public hearing, tion policy Councilman .Isaac moved to read Ordinance ~39, Series of 1978; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #39 (Series of 1978) AN ORDINANCE AMENDING SECTION 20-22 OF THE ASPEN MUNICIPAL CODE BY REPEALING AND REENACTING SECTION 20-22 (c) AND ADDING SECTION 20-22 (d) THEREBY REQUIRING APPLICANTS TO REDUCE THE ADVERSE EFFECTS OF CONDOMINIUMIZATION ON THEIR PROPERTY ON LOW AND MODERATE INCOME HOUSING was read by the city clerk Councilman Isaac moved to adopt Ordinance #39, Series of 1978, on second reading; seconded by COuncilman Wishart. Roll call vote; Councilmembers Wishart, aye; Van Ness, nay;' Anderson, aye; Behrendt, aye, Isaac, aye; Parry, nay; Mayor Standley, aye. Motion carried~ ORDINANCE #42, SERIES OF 1978 - Deleting Cost of Living Increases Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 42, 1978 the public hearing. Deleting Cost Councilman Isaac moved to read Ordinance ~39, Series of 1978; seconded by Councilman Van of living Ness. Councilman Behrendt questioned the employee evaluations and the people in the increases building department. Mahoney told Council he had met with Warren Bennis, who has recommended certains things. Ted Tedesco will be here to review Mahoney's proposal and to critique it. Councilman Behrendt asked that Mahoney look at the building inspection department and see if they are in line. All in favor, motion carried. ORDINANCE ~42 (Series of 1978) AN ORDINANCE AMENDING SECTION 2-76 (a) OF THE ASPEN MUNICIPAL CODE BY DELETING THE PROVISION FOR EMPLOYEE COST OF LIVING INCREASES was read by the city clerk Councilman Isaac moved to adopt Ordinance #42, Series of 1978, on second reading; seconded by Councilman Van Ness. Roll call vote; CouncilmemberS Van Ness, aye; Parry, aye; Isaac, i aye; Anderson, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~43, SERIES OF 1978 - Amending Model Traffic Code Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 43, 1978 Councilman Isaac moved to read Ordinance ~43, Series of 1978; seconded by Councilwoman Amending Model Traffic Anderson. All in favor, motion carried. Code ORDINANCE ~43 (Series of 1978) AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1978, WHICH ADOPTED BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES" was read by the city clerk Councilman Van Ness moved to adopt Ordinance ~43, Series of 1978, on second reading; seconded by Councilman Isaac. Stock pointed out this changes the following; any vehicles illegally parked may be towed, it increases towing powers; it addsC01orado day as holiday so people can park with-i out getting tickets; it allows police officers to ticket for accidentS or reckless driving on private property. Roll call vote; Councilmembers Anderson, aye; Behrendt, aye; IsaaC, aye; Parry, aye; Wishart, aye; Van Ness, aye; Mayor standley, aye; Motion carried. ORDINANCE ~44, SERIES OF 1978 -Increasing Contractor's Liability Ord. 44, 1978 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Increasing Contractor ' s the public hearing. Liability Councilman Isaac moved to read Ordinance ~44, Series of 1978; seconded by Councilman Parry. All in favor, motion carried. ~egu±ar ~eetlng Aspen City Council December 18, 1978 ORDINANCE #44 (Series of 1978) AN ORDINANCE AMENDING SECTION 7-100(a) OF THE ASPEN MUNICIPAL CODE BY INCREASING THE CONTRACTORS' LIABILITY LIMITS TO $100,000, $300,000 AND $25,000 was read by the city clerk. Councilman Parry moved to adopt on second reading Ordinance #44, Series of 1978; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Wishart, aye; Anderson, aye; Mayor Standley, aye. Motion carried. ORDINANCE #51, SERIES OF 1978 - Appropriations Land Fund Ord. 51, 1978 Mayor Standley opened the public hearing. Councilman Behrendt asked Ms. Butterbaugh for Appropriations some kind of description of what has happened over the last few years with purchases and Land Fund improvements from the park dedication fund. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance #51, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #51 (Series of 1978) AN ORDINANCE REDUCING PRIOR APPRORRIATIONS OF PARK DEDICATION FEE PROJECTS OF THE GENERAL FUND OF $22,109; AND TRANSFERRING SAID AMOUNG TO THE LAND FUND - U.NAPPROPRIATED BALANCE; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #51, Series of 1978, on second reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Wishart, aye; Van Ness, aye; Isaac, aye; Parry, aye; Behrendt, aye; Anderson, aye; Mayor Standley, aye. Motion carried. ORDINANCE #52, SERIES OF 1978 - Appropriations Seventh Penny Ord. 52, 1978 Mayor Standley opened the Public hearing. Ms. Butterbaugh explained these are basically Appropriations projects that have been funded through the year and have been done. The money needs 7th penny to be officially appropriated. Mayor Standley closed the public hearing. to read Ordinance #52, Series of 1978; seconded by Councilman Councilman Isaac moved Parry. All in favor, motion carried. ORDINANCE #52 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $87,085 FROM THE PRIOR YEAR UNAPPROPRIATED GENERAL FUND SURPLUS, APPROPRIATING $4,700 FROM EXCESS 7TH PENNY SALES TAX REVENUES, APPROPRIATING $41,700 FROM PRIOR YEAR UNAPPROPRIATED SURPLUS WATER DEPARTMENT FUNDS, AND APPROPRIATING $4,500 FROM UNAPPROPRIATED CURRENT YEAR REVENUES was read by the city clerk Councilman Isaac moved to adopt Ordinance #52, Series of 1978, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Anderson, aye; Wishart, aye; Isaac, aye; Parry, aye; Behrendt, aye; Mayor Standley, ayel Motion carried. ORDINANCE #53, SERIES OF 1978 - Appropriations Public Transit Mayor Standley opened the public hearing. There were no comments. Mayor Standley Ord. 53, 1978 closed the public hearing. Appropriations Public Transit Councilman Parry moved to read Ordinance #53, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried, ORDINANCE #53 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE PUBLIC TRANSIT ENTERPRISE FUND IN THE AMOUNT OF $115,500 FROM BUS SERVICE CONTRACT REVENUES IN EXCESS OF THOSE ESTIMATED IN THE BUDGET AND TRANSFERRING $52,000 FROM THE TRANSPORTATION FUND TO THE PUBLIC TRANSIT ENTERPRISE FUND; APPROPRIATE EXPENDITURES OF $167,500 TO PROVIDE FOR PUBLIC TRANSIT FOR THE PERIOD FROM NOVEMBER 23, 1978, THROUGH DECEMBER 31, 1978; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #53, Series of 1978, on second reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Anderson, aye; Behrendt, aye; Isaac, aye; Parry, aye; Wishart, aye; Mayor Standley, aye. Motion carried.~ ORDINANCE #54, SERIES OF 1978 - General Appropriations Ord. 54, 1978 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed i General the public hearing. Appropriations Councilman Parry moved to read Ordinance #54, Series of 1978, seconded by Councilman Isaac. All in favor, motion carried. Regular Meeting Aspen City Council December lS, 197~ ORDINANCE ~54 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE POLICE PENSION FUND THE AMOUNT OF $8,000 FROM PRIOR YEAR UNAPPROPRIATED RESERVES; APPROPRIATING IN THE EMPLOYEE RETIREMENT FUND THE A~OUNT OF $48,000 FROM PRIOR YEAR UNAPPROPRIATED RESERVES; APPROPRIATING IN THE GOLF COURSE CONSTRUCTI~ON FUND THE AMOUNT OF $900,000 FROM UNAPPROPRIATED BOND PROCEEDS; APPROPRIATING IN THE WATER FUND THE AMOUNT OF $121,650 FROM PRIOR YEAR UNAPPROPRIATED SURPLUS TRANSFERRING $41,700 TO THE GENERAL FUND FOR STREET OVERLAY FROM THE PRIOR YEAR UNAPPROPRIATED WATER FUND SURPLUS; APPROPRIATING IN THE ELECTRIC FUND THE AMOUNT OF $47,305 FROM THE PRIOR YEAR UNAPPROPRIATED SURPLUS; APPROPRIATING IN THE 6TH PENNY SALES TAX FUND THE AMOUNT OF $7,724 FROM PRIOR YEAR UNAPPRO~ PRIATED SURPLUS; APPROPRIATING IN THE 7TH PENNY SALES TAX FUND THE AMOUNT OF $10,300 FROM PRIOR YEAR UNAPPROPRIATED SURPLUS; TRANSFERRING $4,700 TO THE GENERAL FUND FOR FOUNTAIN LABOR FROM THE 7TH PENNY SALES TAX FUND SURPLUS; AN DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk. Councilwoman Anderson moved to adopt Ordinance #54, Series of 1978, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye; Anderson, aye; Van Ness, aye; Parry, aye; Isaac, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Land Purchases. City Attorney Stock tOld Council they would have the $15,000 from the North of Nell/Little Nell composite for the Horwitz property. Stock said he would tell the Ski Corp the City needed the rest of the money before the end of the year. Mayor Land purchases Standley asked about appropriation ordinances. Stock said there are emergency ordinances Ho~witz; on tonight and for a special meeting. Aspen One Mayor Standley asked the status of the Aspen One property. Ms. Butterbaugh said the City ~ould pay $150,000 the first two years and $200,000 in 1982. The City will apply for a grant to apply to the last two payments. Mayor Standley said the J. E. Moore property is getting organized. City Manager Mahoney reqested a resolution pertaining to Stogie Maddalone be placed on the agenda. Councilman Van Ness moved to place resolution ~31 on the agenda; seconded by Councilman Behrend%. All in favor, motion carried. ORDINANCE ~50, SERIES OF 1978 - Adopting Kennel Contract Ord. 50, 1978 Adopting Kennel City Manager Mahoney told Council this is a result of six month of arguing; there are Contract people unhappy about the contract. If the City had the latitude of running their own kennel, Mahoney would recommend that, but the City doesn't. Stock pointed out this contract allows for termination of 90 days giving notice that the operator is not pro- viding the services the City requires. The operate has a reasonable time to change the policy. Ms. Butterbaugh told Council that Shubert plans to remodel the kennel and needs a firm contract to borrow money. This is a good faith contract, and if Shubert does what he says, the City will be in good shape. Ms. Butterbaugh said the City is uneasy because they have not seen a stable position. Ms. Butterbaugh told Council it would be more expensive for the City to run their own kennel. Mayor Standley said the dog warden feels this is not a good contract and doesn't like the six month cancellation. The City can get out of most of their contracts in less than six months. Ms. Butterbaugh pointed out as of 12/31 the City has no contract and no place to go with the dogs. Stock told Council he had argued for a shorter period of time and a number of other things~ Stock said this is a good contract. Mahoney said he was recommending to Council that they adopt the contract. Mayor Standley said he did not like the position of having Council's back against the wall in the time pressure. Stock noted the options; there are two zones in the county that allows for kennel by conditional use review, which requires three months, or the Airport Business Center allows kennels by right. Council could adopt this contract and find some other kennel in operation or build one. Ms. Butterbaugh told Council that Shubert wanted a 5 year contract, and they have figured the rates on that basis so that the City gets no inflationary increase for 5 years. Ms. Butterbaugh said the City will be paying less for the kennels in the future; they will get an euthanasia room, and a kitty and puppy room. The City has been able to reduce the per kennel cost by allocating costs to the other nicities the animal warden wanted. Councilman Behrendt questioned page 5, second paragraph, requiring a surcharge of $3 per day after the time limit, and $5 the first day. Ms. Butterbaugh said that was Ms. Gerber's main objection to the contract. This was negotiated based on the fact that most dogs do not stay in the kennel to that time limit. Ms. Butterbaugh said the dollar contract was negotiated at present rumming 65'70 per cent occupancy. Mayor Standley asked if the kennels were empty, did Shubert get to use then for other dogs. Ms. Butterbaugh said no. Mayor Standley stated the City should not have to pay more than the marginal cost for the extra dogs. Ms. Butterbaugh stated this surcharge is that that if there are adoptable dogs, someone has to take the responsibility of deciding which dogs to keep and feed. Council requested the interested parties to be at the public hearing. Councilman Isaac moved to read Ordinance #50, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ~u~ l~=~u~ll~ aspen ul~y ~ouncl± December ±S, 1978 ORDINANCE ~50 (Series of 1978) AN ORDINANCE RATIFYING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND STEPHEN R. SCHUBERT ("CONTRACTOR"), PROVIDING FOR KENNEL SERVICES TO THE CITY ' FOR A PERIOD OF FIVE YEARS, WHICH AGREEMENT INCORPORATES A CONTRACT PRICE ~! FOR SUCH SERVICES; REQUIRES THE CONTRACTOR TO INDEMNIFY THE CITY AGAINST CLAIMS FOR LOSS AND INJURY RESULTING FROM THE SERVICES CONTRACTED FOR; AND FURTHER REQUIRES THE CONTRACTOR TO PROVIDE INSURANCE COVERAGE, ALL AS MORE SPECIFICALLY PROVIDED THEREIN; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Isaac moved to adopt Ordinance ~50, Series of 1978, on first reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Anderson, aye; Van Ness, aye; Behrendt, aye; Wishart, aye; Isaac, aye; Parry, aye; Mayor Standley, nay. Motion carried. ORDINANCE ~55, SERIES OF 1978 Appropriation for Horwitz property Ord. 55, 1978 Councilman Behrendt moved to read Ordinance ~55, Series of 1978; seconded by Councilman Appropriations Isaac. All in favor, motion carried. Horwitz property ORDINANCE ~55 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND THE AMOUNT OF $25,000 FROM UNAPPROPRIATED REVENUES; RECOGNIZING A $25,000 CONTRACBUTION; APPROPRIATE EXPENDITURES OF $25,000 FOR LAND PURCHASE; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #55, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Van Ness, aye; Parry, aye; Isaac, aye; Behrendt, aye; Anderson, aye; Mayor Standley, aye. Motion carried. ORDINANCE #56, SERIES OF 1978 - Appropriation for James E. Moore Property Councilman Wishart moved to read Ordinance 956, Series of 1978; seconded by Councilwoman Ord. 56, 1978 Anderson. All in favor, motion carried. Appropriations James E. Moore ORDINANCE ~56 Property (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND THE AMOUNT OF $200,000 FROM UNAPPROPRIATED REVENUES; APPRORPIATE EXPENDITURES OF $200,000 FOR LAND PURCHASE; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #56, Series of 1978, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Isaac, aye; Wishart, aye; Parry, aye; Behrendt, aye; Anderson, aye; Van Ness, aye; Mayor Standley, aye. ORDINANCE #57, SERIES OF 1978 - Appropriation for Aspen One Property Councilman Parry moved to read Ordinance #57, SEries of 1978; seconded by Councilman Isaac. Ord. 57, 1978 All in favor, motion carried. Appropriations Aspen One ORDINANCE ~57 Property (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND FROM NOTE PROCEEDS OF $500,000; FROM ADDITIONAL SALES TAX REVENUES OF $25,000; AND RECOGNIZING A $50,000 CONTRIBUTION; APPROPRIATE EXPENDITURE OF $575,000 IN THE CALENDAR YEAR 1978 AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance ~57, Series of 1978, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Van Ness, aye; Anderson, aye; Behrendt, aye; Parry, aye; Wishart, aye; Isaac, aye; Mayor Standley, aye. Motion carried. ORDINANCE 958, SERIES OF 1978 Changing Pay Scales Finance Director Butterbaugh told Council this reflects the 5 per cent cost of living Ord. 58, 1978 raises for personnel. She cannot give 5 per cent without having an ordinance to move Changing Pay the steps. The steps will stay the same; the classifications will change. Mayor Sca~es Standley pointed out this ordinance would become a full time addition, not just a once tabled. 5 per cent cost of living raise. Mayor Standley said the City is developing a new pro- cedure and he would rather no~ change the pay grades. The cost of living is not raising automatically done forever. The Council should not be auto- the base because then it is matically raising the base of people who have not been hired yet. Ms. Butterbaugh pointed out that Mahoney's study will look at the bases and move them up or down related to the job. Ms. Butterbaugh said she would try to work a way that does not entail an ordinance or does not change the base. Regular Meeting Aspen City Council December 18. 1978 RESOLUTION ~30, SERIES OF 1978 - Intent to Create Mall Councilwoman Anderson moved to read Resolution ~30, Series of 1978; seconded by Councilman Wishart. Councilman Parry stated he agreed with having a mall but not with having Res. 30, 1978 traffic unduly inconvenienced. All in favor, motion carried. Intent to Create a RESOLUTION #30 Mall (Series of 1978) WHEREAS, the streets in the Aspen con~mercial core area were originally designed for horse-drawn and pedestrian traffic, and are becoming increasingly congested by modern motor vehicular traffic; and WHEREAS, the increasing numbers of residents of and visitors to the City of Aspen have suggested that portions of these core area streets be converted to pedestrian malls; and WHEREAS, a pedestrian mall was created in 1973 and has proved successful~ and WHEREAS, the comprehensive City of Aspen transportation plan recommends the creation of additional pedestrian malls in the downtown area; and WHEREAS, during its 1970 session the Colorado General Assembly determing that the creation of pedestrian malls in order to sepDrate pedestrian traffic from vehicular traffic in retail shopping areas whould serve to promot~the public health, safety, and welfare in Colorado cities, and accordingly enacted the "Public Mall Act of 1970", 31-25-401, et seq. of Colorado Revised Statutes, as amended, authorizing the establishment of such pedestrian malls by the legislative bodies of cities and towns (including home rule cities) pursuant to the procedures set forth in the Act; and WHEREAS, the Aspen City Council has determined that the establishment of an additional pedestrian mall in the Aspen commercial core area will ease motor vehicular traffic congestion and reduce air pollution in such area, provide a more attractive and relaxed shopping atmosphere, aid the economic prosperity of Aspen by increasing the exposure of goods and services of local merchants, perserve the historic, cultural and natural aspects of the town's heritage and environments, and generally create safer and more healthful, productive, and aesthetically and culturally pleasing surrounding in such area NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. The Aspen City Council has determined and hereby declares that the public interest and convenience of the Aspen community require the establishment of a pedestrian mall, and that vehicular traffic will not be unduly inconvenienced thereby. 2. The Aspen City Council hereby declares its intention to establish a pedestrian mall in the City of Aspen, Colorado pursuan~ to the authority and procedures contained in the Public Mall Act of 1970, 31-25-401, et. seq. of the 1973 Colorado Revised Statutues, as amended. 3. The following isa general description of those portions of the public streets within the City of Aspen which are to be established as a pedestrian mall: (a) That section of Cooper Avenue from Galena Street to Hunter Street (b) That section of Galena Street from Hyman Avenue to Cooper Avenue (c) A portion of the intersection of Hyman Avenue and Galena Street (d) The intersection of Cooper Avenue and Galena Street. For purposes of greater technical clarity, the pedestrian mall as generally described above may be more particularly described as follows, to-wit: Beginning at the southeasterly corner of Block 95, Original Aspen Towsnite as shown on the 1959 Official City Map of the City of Aspen; thence westerly along the southerly line of Block 95 to the southwesterly corner of said block; thence northerly along ~he westerly line of Block 95 to the north- westerly corner of said block; thence 116.70 feet along a non-tangent curve concaved southwesterly, having a radius of 74.88 feet and a central angel of 89o23'29'' (the chord bears N30°27'26" W 105.22 feet) to the southeasterly corner of Block 88; thence southerly along the northerly extension of the easterly line of Block 89 to the southeasterly corner of said Block 89; thence 116.00 feet along a non-tangent curve cancaved southwesterly, having a radius of 74.00 feet and a central angel of 89o48'54'' (the chord bears S30°09'11" E 104.44 feet) to the northwesterly corner of Block 96; thence easterly along the northerly line of Block 96 to the northeasterly corner of said block; then northerly along a northerly extension of the easterly line of Block 96 to the southeasterly corner of Block 95, the point of beginning The above-described mall is graphically depicted on the map attached hereto aS Exhibit A and made a part of this resolution by this reference, and on the larger version of such map on file in the o~fice of the Aspen City Clerk. 4. It is the intention of the Aspen City Council to adopt on ordinance prohibiting all vehicular traffic on such pedestrian mall except fire fighting equipment, ambulance, police vehicles, and other forms of emergency vehicles, and with the possible further exception of service vehicular traffic to the alley in Blocks 89 and 95 through the malled portion of Galena Street lying between such alleys. 5. In the event damages are actually allowed or awarded to any property owner by reason of the establishment of the pedestrian mall, such damage shall be paid at the time the amount thereof is finally determined, whether by agreement of the parties or by a court of competent jurisdication and shall be payable out of the proceeds derived from the two per cent (2%) Municipal Sales Tax as adopted by Ordinance 16, Series of 1970 and Ordinance 15A, Series of 1972, or from such other source or sources of funds available to the City as the C~ty Council may from time to time deem to be appropriate. 7. (sic) Notice is hereby given that a public hearing on the establishment of the proposed pedestrian mall shall be held on February 26, 1979, at 5:00 p.m. in the City Council Chambers, City Hall Building, Aspen, Colorado. Written and oral presentations from abutting property owners and the public at large in favor of,