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HomeMy WebLinkAboutminutes.council.19770425 Regular Meeting Aspen City Council April 25, 1977 Mayor Standley called the joint meetinc to order at 5:10 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Pedersen, Commissioners Child and Kinsley present. 1. Solid Waste Center. Mayor Standley pointed out that the statement showed a deficit of Solid Waste $800 monthly last year and $400 monthly' this year. County Engineer Jeff Davis told the Center Contrac~ Boards that last year had the initial set up costs, which is why the monthly deficit was so large. Mayor Standley said that Dacre Bush had made a presentation to Council about deposits on bottles. The Council suggested he rework his proposal and consider the options~ This was to be brought to a joint meeting. Davis answered that this program has not been finalized. Mayor Standley pointed out that a metal/aluminium can separator would extend the life of the dump by 85 per cent. Councilwoman Pedersen moved to approve the joint City/County dump contract; seconded by Commissioner Kinsley. Commissioner Child asked if there were any changes from the previous contract. Davis · answered that the salary went up from $4100 to $4350. The contract is for two years. Councilwoman Johnston pointed out that nowhere in the contract was the salary stated. There is a reference to the specifications, but there are no specifications. Councilwoman Pedersen moved to table the contract until the Boards get specifications; seconded by Councilman De Gregorio. All in favors motion carried. 2. Accident Prevention Team Report. Sheriff Dick Kienast told Council and the Commissioners Highway 82 - that Sergeant Yarrington, Colorado State Patrol, is coming up to do an enforcement pro- Accident gram on highway 82. This basically does not include the City, but Kienast wished to Prevention apprise the Council of what is happening. Kienast told the Board that he is getting a million dollars reallocated for improvement on the highway. Pitkin County is going to reques~ designating the highway "experimental". This will include the highway within the City. This does not bind Pitkin County to conform to state traffic standards, and Pitkin County might be able to reduce the speed limits. Kienast said they are proposing to write some grant applications 5o the Division of Highway Safety; two of these applica- tions will include the City. There will be no cost to the City or County. Sergeant Yarrington explained that the accident prevention ~eam is a five-man team that provides enforcement on high accident roadways. This program has shown some reduction. This will be a highly visible mobil patrol; the visibilit.y alone has helped considerably. Councilwoman Pedersen asked how often this team would be returning. Yarrlng~on said they try to do each high accident frequency road four time a year. At this time, they are patrolling just between Aspen and Carbondale. Independence did not show up in the computer as a high frequency accident road. Yarrington told the Boards that this accident preven- tion team ~s showing a definite reduction in both injury and property damage accidents in the ten days they are patrolling. Commissioner Kinsley stated the County really supports what the accident prevention team is doing, and are glad they are here. Councilman Behrendt moved to support the designation of Highway 82 as an experimental highway; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Wishart came into Council Chambers. Sheriff Kienast repeated that he was going to be working on grant applications to the Division of Highway Safety. The two that would include the City would be selective traffic enforcement and computerizationof traffic laws between the sheriff"s office and police department. Kienast asked if the City would like to participate in the grant applications. Basically these are totally funded by the Division of Highways~ Councilwoman Pedersen moved that the City participate in the grant applications; seconded by Councilwoman Johnston. All in favor, motion carried. 3. County Excavations Permits. Tom Jones, engineering department, explained this would Excavation - allow the City engineering department to administer excavations in areas of the County County permits right around town. The engineering department is compiling master maps showing where all the utilities are. This would make it a one-stop operation for permits. There are very few changes in the code, one change would be to raise the permit for the county to $15. Councilman Behrendt moved to approve the joint agreement; seconded by Councilwoman Pederse~. All in favor, motion carried. 4. Aspen Wilderness Workshop - Aspen/Eagle Planning Unit. Connie Harvey passed out letters that will be sent to the Forest Service regarding Aspen/Eagle Planning Unit. Ms. Harvey Aspen/Eagle stated they plan to send copies to all organizations that support alternative H and to Plan all environmental groups. Ms. Harvey said they needed letters from Council and the Commissioners and from individuals endorsing the Wilderness Workshop's work. Ms. Harvey stated that public input had been ignored on this; there has been strong suppor~ for alternative H. It was not even mentioned in the draft EIS. Ms. Harvey said they felt that the forest service was howing favor to the lumber industry. The numbers in the EIS do not jive; the EIS is full of specious reasoning and inconsistencies. Ms. Harvey said she felt that alternative H was very well thought out and meets the needs of the area. Councilman Wishar~ moved to support this letter and to have the City Council prepare individual letters to the appropriate agencies; seconded by Councilwoman Pedersen All in favor, motion carried. · 5. D_~o~ Control Legislation. City Manager Mahoney asked for direction from the City and County on how to proceed with recommendations to the state legislation pertaining to dog control. Humane Officer Bill Grikis stated the resolution would be appropriate in areas like West Village, Smuggler trailer court, where people do not have to have dogs Dog Control on a leash. Grikis explained th~at righ~ now the county does not have the authority to Legislation · mpose leash laws ~n unincorporated areas of the County. Commissioner Edwards pointed out that this resolution is asking for the authority for Commissioners to enact dog control legislation ~n excess of what currently exists. Commissioner Kinsley moved that the County be authorized to write a letter supporting this H.B. 1716; seconded by Commissioner Edwards. Mayor Standley asked that this be a c~ty/county motion. All in favor, motion carried. 6. U. S. Forest Service ExtensIon/Hunter Creek. Hal Clark, planning office, explained that"this is a request by Nature Conservancy to ask the City and County to endorse the extension of the boundary of'the White River National Forest around the Red Mountain Ranch and above lower Smuggler area. There has been a recen~ donation by Fritz Benedict of Hunter Creek- 156 acres to Nature Conservancy, who wishes to put this into Forest Service land. Extension of Jon Mulford told Council that Nature Conservancy's interest had developed because of the Benedict gift. They will acquire the remainder of the land in Hunter Creek next year. The Forest Service seems to b~ reluctant to initiate a boundary extension; therefore, the Nature Conservancy will initiate it and will include the McCullough property which was acquired by the Forest Service. Mulford stated they would like to solicit a resolutio of support from the City and County for the boundary extension. These resolutions were included in the agenda packet. Mulford told Council that Nature Conservancy generaly pays the taxes on the land, until the taxes get too large. Mayor Standley asked what happens.~to the wa~er rights. Mulford answered they to go the Forest Service. Mayor Standley asked if they had to; Mulford answered no. Mayor Standley suggested it would be appropriate to have the City's water attorney get together with Mulford to see if the City could get these water r~ghts. Mulford stated it was the goal of Nature Conservancy like~° perserVeto retain the some property water in rights, close to a natural state as possible, that is why they would Wishar~.C°uncilw°manAllPedersenin favor, moved motionS° carried, read Resolution #4, Series of 1977; seconded by Councilman RESOLUTI~ON ~4 (Series of 1977) WHEREAS, the United States Forest Service, Department of Agriculture, Res. ~4 has purchased certain lands in Pitkin County in the vicinity of Hunter Creek Hunter Creek and Smuggler Mountain, portions of which lie outside the present boundaries of White River National Forest, and WHEREAS, The Nature Conservancy, a District of Columbia corporation, has received one or more gifts of land in the same vicinity and anticipates the acquisition of additional lands now lying outside the forest boundary, all for ultima~e transfer to the United Sta~es Forest Service for inclusions in Whi~e River National Forest, and WHEREAS, it is the policy of the City Council of the City of Aspen to encourage the United States Forest Service to acquire additional lands in said area, by gift, purchase, exchange or otherwise for the preservation of open space and lands suitakle for recreational opportunities of the residents and v~sitors to Pitkin County, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aspen, Colorado support and encourage an extension of the boundaries of White River National Forest north and east of the City of ASpen to include the following lands: North ~, Section 1, Township 10 South, Range 82 West; North ½ Section 6, Township 10, South, Range 84, West; Southeas~ ~, Section 6, Township 10 South, Range 84 West, except that part thereof platted as a portion of Red Mountain Ranch Subdivision; All of Section 5 and 8, Township 10 South, Range 84 West; East ¼, Section 7, Township 10 South, Range 84 West; East ½ Section 17, Township 10 South, Range 84 West; North ½ Northwest ¼, Section 17, Township 10 South, Range 84 West; East ½ Southeas~ ~ Northwest ~, Section 17, Township 10 South, Range 84 West; and East ½ Northeast ¼ Southwes~ ~, Section, 17 Township 10 Soutk, Range 84 West. BE IT FURTHER RESOLVED that the City Clerk transmit certified copies of this resolution forthwis~ to the Superintendent of White River National Forest, the Regional Forester at Denver, the Chief of the United States Fores5 Service, and each Senator and Congressman from the State of Colorado. Councilwoman Pedersen moved to adopt Resolution 94, Series of 1977; seconded by Council- man De Gregorio. All in favor, motion carried. COUNCIL MEETING MINUTES Councilwoman Johnston moved to approve the minutes of April 11, 1977; seconded by Council- man De Gregorio. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston stated the City had a good opportunity to make a first step on air pollution, energy conservation and auto disincentive. The City should take the lead Bus tickets for the rest of the community. Councilwoman Johnston suggested that the City offer free Employee/free bus tickets for all City employees who live down valley, and maybe the City could negotiate with the County for commuter tickets. Councilman De Gregorio said he did like the idea of ticket booklets, and suggested an identification pass. Mayor Standley suggested that City Manager Mahoney figure the cost for the next meeting. 3 2. Councilwoman Johnston pointed out that the memorandum regarding boulevarding of Mai~ Main Street street it appears that the planning office was not involved. The Council had asked that boulevarding they be involved. Councilwoman Johnston said she would like the planning office to do some schematics. 3. Councilman Behrendt brought up repainting of the pedestrian crosswalks on Main street. Mayor Standley pointed out that Main street was going to be torn up thi~ summer. Council- man Behrendt stated he would like to see the crosswalks painted anyway. 4. Councilwoman Pedersen asked Council's feeling about making some sort of arrangement for ashtrays in the mall. They could be part of the benches. Councilwoman Pedersen also brought up a memorandum from the fire department regarding the no parking sagns at the Mall ends of the mall that have to be moved. The fire trucks cannot get through unless the signs are moved. City ManaGer Mahoney told Council that a member of the mall committee, Dino Trauger, is working on designs proposals for various changes in the mall. 5. Councilwoman Pedersen asked if the City would donate an iron bumper for the front of the fire trucks so that they do not run into things in the mall. Mayor Standley suggested that the fire department take the truck to the City Shops and have i~ welded there. 6. Mayor Standley read a letter from the Aspen Ski Club in appreciation of the City's support for their Las Vegas night, the use of City buses, etc. 7. Mayor Standley had a letter asking for permission to put up an historic plaque on the site of the first school, which is now the site of the lower elementary school. The Historical Society wants permission to put rock in and permission to put a plaque on the rock. Councilwoman Pedersen moved to give permission for the rock and the plaque at the lower elementary school; seconded by Councilman De Gregorio. All in favor, motion carried. 8. Mayor Standley showed Council two posters for distribution to bars regarding the open container law. One poster was very plain, much like the occupancy load poster; the other as a cartoon poster. Council voted to have the plain poster made up. 9. Mayor Standley told Council that the kids in town want to have a skateboard place. Mayor Standley suggested using the bus turn around that is not being used on the Rio Grande Skateboarding property and make it into a skateboard place. Councilman Behrendt said this should be deferred to R. W. Smith, Parks Director, for comment. City Manager Mahoney told Council there is a large packet of information on skateboarding in the planning office.. Council directed the staff to get more information and to come back to Council. STUDENT COMMENT Nicole De Wolfe said she had no comment but is in favor of a skateboard place. AUDITOR'S REPORT Jerry Alger, auditor with Alexander Grant, told Council he had some impressions of the first Auditor's year as lead auditor. Alger stated ~he abilities demonstrated by the staff were very good~ report Alger said that Finance Director Butterbaugh's involvement was very substantial. Ms. Butterbaugh's understanding of the report was thorough and she demonstrated an interest is making certain the report as very accurate. The cooperation received was very goods and this makes the auditor's job easier. Alger told Council the automated accounting system is coming on line more every day. There have been some significant changes from ~ last year. The auditors were impressed with the City's ability to enter this very diffi- ~ cult area. Alger stated the adjusted journal entries were very minimal this year. This means people were up to date. Alger went over the audit report with the Council, outlining the lease payments on the buses, fixed assets, and general obligation bonds. Alger said that the City's bond ordinances should be more specific about what particular fund the City is talking about. This will help accounting for those bonds. Alger recommended that the police pension fund be addressed at the earliest possible time. Alger stated that the mere absence of going through weaknesses in internal ~control is a complement to the staff. Alger pointed out that the auditor-'s'report letter ~again contains a clean opinion. The balance sheet of all funds has an e.xcess of $20,000,000 worth of assets. This is on a cost basis; the market value would be substantially more. There are $8,000,000 worth of fund balances and retained earnings. The City of Aspen is presently a large organization Alger noted that looking at 1976, revenues always exceeded expenditures, which as quite significant. The general fund balance improved by $250,000 over last year. The revenues were up 21 percent; expenditures up 20 per cent. Alger said it was significant that the mall construction project was completed pretty well within budget. A major project that can be controlled as well as it was is a pretty good illustration of the City's ability. The electric fund was also very close to budget In summary, Alger stated they saw substantial improvement in the financial statements as well as the accounting system. Mayor Standley said the audit does not give Council a comparative to anything else. Mayo~ Standley asked if it would be useful to do either an efficiency or performance audit an a comparative sense so that Council would know how Aspen is run compared with other cities. Alger answered that performance~auditing is a new area and is really open. Alger would have to sit down and structure the audit in accordance with the City's needs. Mayor Stanldey said he would like to have a work session with Alexander Grant on this. ELECTION JUDGES Councilwoman Pedersen moved t0 approve the election judges as submitted by the City clerk seconded by Councilman Behrendt. All in favor, motion carried. Election judges SUBDIVISION EXEMPTION - Alpine Acres/Creative Mountain Development Hal Clark, planning office, told Council this is a request for subdivision exemption by Subdivision Creative Mountain development to condominiumize two duplexes which are proposed to be Exen~otion - constructed on lots recently annexed to the City, subject to terms of the annexation Alpine Acres agreement. The property is zoned R-15; the P & Z and planning of'fice recommend approval ~.~of exemption subject to payment, of the ~park dedication fee, six month rental restriction, ~Dnd compliance with the annexa~i0n a~reement conditions. Mayor Standley reminded Council i~his is one where people were concerned With site location. Clark stated he thought this ~as resolved with the annexation ordinance. ~ouncilman De Gr~gorio moved to approve the subdivision exemption With the conditions ~utlined; seconded by Councilman Wishart. Councilwoman Johnston stated these units are not built; it is very difficult to approve something that is not built. Councilwoman Johnston stated she was ~concerned this might turn into four dwelling units. Clark answered that Creative Mountain could get a build- inq~,permlt just to build duplexes as it stands.. All in favor~ with the exception of Councilmembers Johnston and Pedersen. Motion carried · MIDLAND/PARK SUBDIVISION A long memorandum and plat were submitted to Council from housin? officer Brian Goodheim Subdivision outlining the ~rogress on the projects and the changes that ha~ been made. Goodheim Midland/Psrk was not present. Councilwoman Pedersen moved to table Midland/Park until the next Council meeting; seconde( by Councilman De Gregorio. All in favor, motion carried. CONDOMINIUMIZATION POLICY - Multi-family structures Councilman De Gregorao moved ~o table this item in the absence of Goodheim; seconded by ~ondc~J_niumization Councilwoman Pedersen. All in favor, motion carried, policy ORDINANCE ~10~ SERIES OF 1977 Historic Designation Brunton Residence. Mayor Standly opened the public hearing. Mayor Standley told Council that all the docu- mentation for historic designation was in the file. There were no other comments. Mayor Drd. 10 Standley closed the public hearing. Bru~ton Councilman Behrendt moved to read Ordinance ~10, Seriesof 1977; Seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~0 (Series of 1977) AN ORDINANCE DESIGNATION AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE W. D. BRUNTON RESIDENCE, OTHERWISE KNOWN AS THE COPPER HORSE, CONSISTING OF THE EAST HALF OF LOT L AND ALL OF LOT M, BLOCK 44, ORIGINAL ASPEN TOWNS1TE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~10~ S~r~es of 1977, on second reading; seconded by Council woman Johnston. Roll call vote; Councilmembers Behrendt, aye; Wishart aye; Pedersen, aye; Johnston, aye; De Gregorlo, aye; ~ayor Standley, aye. ~otion carried. ORDINANCE ~12, SERIES of 1977 - Adoption of Uniform Building Code. ~d. ~12 Mayor Standley opened the public hearing. Mayor Standley pointed out that this ordinance Uniform Building recognized the changes for interior circulation - ramps and elevators. The question C~de .~gu~r meeting Aspen City Council April 25, 1977 has come up regarding exterior entrances. Council decided to discuss this under City Manager. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance ~12, Series of 1977; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE %12- (Series of 1977) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1976 EDITION, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARD, 1976 EDITION: AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; NAD REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT HEREWITH was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #12, Series of 1977, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers De Gregorio, aye; Behrendt, aye; Johnston, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~13, SERIES OF L977 Adoption oi uniform Fire Cods Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 913 the public hearing. Uniform Fire Code Councilman De Gregorio moved to read Ordinance 913, Series of 1977; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE ~13 (Series of 1977) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE rODE, 1976 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 913, Series of 1977, onsscond reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pedersen, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Mayor Standley inquired about safety fire lights in subterranean building. Art Hougland said he would get'this ordinance to Council. ORDINANCE #14, SERIES OF 1977 - Adoption of Uniform Mechanical Code Mayor Stan~ley opened the public hearing. There were no comments. Mayor Standley closed Ord. 914 the public hearing. Uniform Mechanical Councilwoman Pedersen moved to read Ordinance 914, Series of 1977; seconded by Councilman Code Behrendt. All in favor, motion carried. ORDINANCE #14 (Series of 1977) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM MECHANCIAL CODE, 1976, E~%TION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT ~THEREWITH was read by the city clerk Councilman De Gregorio moved to adopt Ordinance %14, Series of 1977, on second reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Wishart, aye; Behrendt,. aye; De Gregorio, aye; Johnston, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Outside Access to Buildings. Mayor Standley pointed out that some buildings have P~nlos - Access steps up or down f-rom the sidewalk. A,.10:i grade would require an 80 foot ramp, by the to buildings Code. Mayor Standley suggested (1) not to require any access, (2) increase the run so that steps are wide enough so that people can maneuver a wheel chair on them (3) reduce the grade requirement to 1:5. Clayton Meyring, building inspector, told Council the minimum requirement in the existing UBC is 1:8, which does not meet the handicap require- ment. Meyring stated he felt a 1:5 grade would create a hazard. Meyring stated changing the rise run would be even worse, people do non walk uhat way. Meyring stated he would rather just see the whole thing done away with. Council decided to go with the increase the run and directed City Attorney Nuttall to draft an ordinance for the next meeting. 2. Triangle Park. R. W. Smith and Fonda Patterson submitted a schematic of the proposed Triangle Park park on Lake Avenue. Smith pointed out that the park will be on a sprinkler system. Councilwoman Johnston sucgested having a contest ~o name the park, instead of calling it triangle park. Mayor Stan~ley said he approved the master plan with the addition of the passive southwest corner. Smith stated there would be no johns there; they cost $5 - 6,000 for one and are rather unsightly. Councilwoman Johnston asked about building the playground equipment ourselves. Mayor Standley said this had been checked out and it is cheaper ~o go with prefabricated playground equipment, although the parks.'department can pdt it together. City Manager Mahoney recommended that this park be funded at $20,000 from park dedication money. Regular Meeting Aspen City Council apr~z ~, Councilman Behrendt moved to approve the park design and to have an appropriations ordinance drafted; seconded by Councilman De Gregorio. Councilwoman Johnston asked if there would still be money available in this. fund for improvements to parks that are already planned on. Mahoney answered yes, the City is not cutting itself out of anything else~ Councilwoman Johnston suggested using sawdust rather than sand. Ms. Patterson stated that would be acceptable, but young children lika to play in sand. All in favor, motion carried. Councilman Behrendt commended Ms. Patterson for the work on this park. Ms. Patterson told Council that the designer.~s fee was picked Up by the Parks Association and Council- man Behrendt's advocacy fund. City Manager Mahoney told Council the staff had recognized there is a big program for the parks this summer. Finance Director Butterbaugh has certified the City has funds to go ahead with all the programs that are budgeted. There will have to be some inter- Parks departmental help. 3. Employee Housing. Mahoney told CounCil that the central committee has been meeting with Brian Goodheim and Don Ensign, and there is now a concept to get on with the employe~ housing. Mahoney stated he would like to present this at a study session. Ms. Butterbau~lo ee said she needed a finance committee meeting to discuss utility/~policies that impact all ~ y Housing users. This was hoped to be schedule for next Monday night. 4. Street Maintenance. Mahoney reported that Pup Smith~ head of streets department, agreed that the City has been dirty in the past. The streets department needs time to clean this up. This winter the streets department put over 300 yards of cinders in the City; the State put 150 yards down. The new sweeper can pick up 4 yards an hour, so they Streets need time to clean up. The street department can flush the streets when it is warm. If ~ it is too cold, the water freezes. The street department has three sweepers now. Councilman Behrendt asked if they needed more equipment. Mahoney replied they had enough equipment and enough manpower, they just need time. Mahoney reported he had made a deal with the County for them to clean the bike paths. Mahoney told Council it was more efficient to hot patch the streets for repair. The City will have to wait about 30 days for the hot patch. Councilwoman Johnston said she under- stood that only so many people can drive a piece of equipment, but if someone could chip up the ice and dirt on the shady side of the street, it will be gone in no time. 5. Tennis Courts. Mahoney ~told Council that when the City started with the Plum Tree, the City did not have funds to build five courts. The City asked the Plum Tree to back them on the Courts. The Plum Tree borrowed the money and the City drew up an agreement Tennis Courts to take the proceeds from the tennis courts to pay back the loan. The City keeps the Plum Tree courts clean and maintains them. Last year, there was an attendant working out of the golf course area, which did not work out at all. The Plum Tree has agreed to have the desk clerk take the reservations and receive the funds and periodically police the courts Mahon~y told Council that the City will still be maintaing the Courts; the Plum Tree will act as an agent for collecting the money. John Eldert, finance department, has worked out a plan for the Plum Tree to follow so that the City can be sure they are getting all the revenues. Eldert told Council it will be a sticky problem to see that the Plum Tree is not blocking out time for their guests. Eldert figured there are 5 courts, 13 hours a day. There will be a two-part ticket that will be validated by the cash register and time clock. These will be collected daily and verified against the cash receipts. Ms. Butterbaugh pointed out that the original agreement state that excess revenues go toward payment of Plum Tree's hotel At the~end of a five-year period, if the note is not paid off, it is not the City's problem, It behooves the Plum Tree to collect every dime to go towards the note. City Manager Mahoney told council that there will be two more courts at Iselin within six weeks. These will be operated by Recreation Director Ted Armstrong. The fee for these courts will be $3; Mahoney suggested the fee for the Plum Tree be $5. Eldert pointed out that $5 would cover the cost of operating, maintenace, equipment replacement. Tennis Courts At $3 per court, the City will be subsidizing the Courts at the Plum Tree. Councilwoman Iselin Johnston stated the City should be subsidizing the courts; that is why there is a park dedication fee. Ms. Butterbaugh said the fee right now cannot possibly cover the cost of operations and pay off the note. Mayor Standley said the City should co~er the operating costs. Councilwoman Johnston stated $5 is too much for City courts. Council- woman Pedersen agreed with the $3 per court figure, and said the City should pay parti- cular attention to the Plum Tree operations, especially time blocks at the end of the day. Mayor Standley said any special events there should have to go through Ted Armstrong. Mayor Standley stated the registration for courts should be a day in advance so it gives everybody a fair chance. Councilman De Gregorio asked about an arrangement for profess- ionals. Mahoney said this would have to be worked out with Armstrong. Councilman De Gregorio said this should be watched so that they are not earning $10 - 12 an hour with no kick back to the City. Mahoney recapped; $3 p~r court at all City courts, Plum Tree will act as agent for reservations and receipts, the City will watch them to make sure they don't block out time with the intent that all citizens use the courts, One day in advance registration, no excessive activities of a pro out there, Iselin will be run by Armstrong at $3. Mayor Standley suggested that one tennis court be set aside to be available for kids at a reduced rate. Councilwoman Johnston agreed~ and asked to see the program in memorandum form. Aspen City Council April 25, 1977 6. Rocky Mountain Natural Gas Increase Proteet~" Councilman Wishart moved ~hat City Attorney Nuttall draft a resolution for Council's consideration to protest this ra~e increase that meets Mahoney's approval; seconded by P~iNG Rate Councilwoman Pedersen. Increase Councilman Behrendt asked what the City's record was on protests. Mahoney answered that last year the City got them down from 18 per cent increase to 12 per cent. The City kno~s more about the operation this year. There are different PUC commlsserions. There is also support from other towns. Councilman Behrendt moved to have the City draft a resolution authorizing the City Manager to participate; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE 917, SERIES OF 1977 - Garbage, Trash and Ashes Councilman De Gregorio moved to read Ordinance #17, Series of 1977; seconded by Council- Ord. 17 woman Pedersen. All in favor, motion carried. Garbage, Trash ORDINANCE Ashes (Series of 1977) AN ORDINANCE REPEALING AND REEANCTING CHAPTER 10 OF THE ASPEN MUNICIPAL CODE CONCERNING GARBAGE, TRASH, AND ASHES; PROVIDING FOR DEPOSITING AND DISPOSAL THEREOF; PROVIDING THAT VIOLATIONS OF THESE PROVISONS SHALL UNLAWFUL; AND PROVIDING FOR NOTICE OF VIOLATIONS was read by the city clerk City Attorney Nuttall explained that under present ordinance the City is having difficulty collecting from people who aren't having their own trash removed. The existing ordinance does not have sufficient enforcement, and the people can ignore any assessment. Councilman Wishart moved to adopt Ordinance ~17, Series of 1977, one'first reading; seconded by Councilman De Gregorio. Counci~om~n~J~hns~on pointed out that Sec. 10-3 requires covers; the recycling bins do not have covers. Mayor Standley suggested the recycling bins ge~ covers. Councilwoman Johnston asked who was responsible for enforcement. Ms. Nuttall replied the sanitarian, Tom Dunlop. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCE #18, SERIES OF 1977 Smoking in Public Places Prohibited Councilwoman Johnston reminded Council she had brought this up once before. It has been Ord. ~18 proven by the Surgeon General that what one breathes is dangerous. It has been recognized S~oking that people can be harmed by being close to people that smoke. Councilwoman Johnston Prohibited said in states where this has been done, the no smoking areas are very popular. This is a fair ordinance, based on ordinances from other cities. Councilman De Gre~orlo moved to read Ordinance #18, Series of 1977; seconded by Council- woman Johnston. All in favor, with the exception of Councilman Wishart. Motion carried. ORDINANCE =18 (Series of 1977) ~DINANCE AMENDING THE ASPEN CRIMINAL CODE BY THE ADDITION OF SECTION ~ WHICH SAID SECTION PROHIBITS SMOKING IN ELEVATORS; MUSEUMS; PUBLIC ASSEMBLY ROOMS OWNED BY THE CITY; BUILDINGS PRESENTING THEATRICAL AND SPORTING EVENTS; GROCERY AND DEPARTMENT STORES; BEAUTY AND BARBER SHOPS; SCHOOLS AND CERTAIN OTHER PUBLIC PLACES; FURTHER REQUIRES THAT SUCH AREAS BE DESIGNATED NONSMOKING BY THEIR OWNERS; OFFERS THE OPTION TO OWNERS OF OTHER PUBLIC PLACES TO DESIGNATE AREAS NONSMOKING; FINALLY, PROVIDES THAT A VIOLATION OF THIS ORDINANCE WILL SUBJECT VIOLATOR TO A FINE NOT EXCEEDING $300, OR IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH SUCH FINE AND IMPRISONMENT was read by the city clerk ~lw~o.man Johns~ton moved to adopt Ordinance #18, Series of 1977, on first reading; econ~e~ Dy Counci±man De Gregorio. Councilman De Gregorlo stated he felt this ordinance was unfair and was too stringent. Councilman Wishart said this is unenforceable~.and puts the burden on people running restaurants and bars. Councilman Wishart said the only way ~o get people to comply is through education. Councilwoman Johnston said she wanted this brought to a public hearing. A number of people had approached as had asked for this. Councilman Behrendt said he was sympathetic, but would rather see signs printed up and have this be voluntary. Councilman Behrendt stated he did not like smoking but did not like legislation either. Councilwoman Pedersen said she did not believe that Council can legislate human ri_chts. There is the matter of private persons that own these particular businesses. Councilwoman Pedersen agreed this matter ~s an educatory process. Mayor Standley said he would like to see this come to a public hearing. Mayor Standley stated he had had three years experience in a tourist-oriented ski~area that has this kind of legislation and it seems to work quite well. Roll call vote; Councilmembers Behrendt, na~; Wishart, nay; De Gregorio, nay; Pedersen, nay; Johnston, aye; Mayor Standley, aye. Motion NOT carried. Regular Meeting Aspen City Council Apr±± ORDINANCE ~19, SERIES OF 1977 Appropriations from General Fund Councilwoman Pedersen moved to read Ordinance ~19, Series of 1977; seconded by Councilmanli Ord. ~19 !i Appropriation De Gregorio. All in favor, motion carried. ~ General Fund ORDINANCE #19 (Series of 1977) AN ORDINANCE RECOGNIZING $114,299 IN UNANTICIPATED REVENUES IN THE GENERAL FUND; APPROPRIATING OF SUCH REVENUES TO CITY COUNCIL, POLICE, BUILDING MAINTENANCE, COMMUNICATIONS, ANIMAL WARDEN, PARK MAINTENANCE, RECREATION ACTIVITIES, FINANCE, ADMINISTRATIVE SERVICES AND PLANNING AND LEAVING UNAPPROPRIATED REVENUES IN THE AMOUNT OF $6,845 was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~19, Series of 1977, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; De Gregor~o, aye; Johnston, aye; Pedersen, aye; wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #20, SERIES"OF 1977 - Appropriations from Water Fund Mayor Standley said he thought Council had already budgeted for the Hunter Creek treat- ment plant. ~s. Butterbaugh explained that only the planning area money was spent last year. This work was budgeted last year and the money was not spent. This carries over Ord. #20 Appropriation - from prior year's PIFs. Water Fund Councilwoman Pederse moved to read Ordinance ~20, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #20 (Series of 1977) AN ORDINANCE APPROPRIATING UNAPPROPRIATED WATER REVENUES OF $93,226 FOR HUNTER CREEK TREATMENT PLANT AND DITCH IMPROVEMENTS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~20, Series of 1977, on first reading; seconded by Councilman Wishart- Roll call vote; Councilmembers wishart, aye; Pedersen, aye; Johnston, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~21, SERIES OF 1977 - Appropriations from Sixth Penny Councilwoman Pedersen moved to read Ordinance ~21, Series of 1977; seconded by Council- Ord. ~21 woman Johnston. All in favor, motion carried. Appropriation 6thPenny ORDINANCE ~21 (Series of 1977) AN ORDINANCE RECOGNIZING UNANTICIPATED REVENUES OF $17,300 FROM THE STATE HISTORICAL SOCIETY AND FURTHER APPROPRIATING FROM SUCH FUNDS AND FROM THE SIXTH PENNY SALES TAX FUND AND FROM PARK DEDICATION FEES $4,300 FOR GOLF COURSE STUDIES; $34,000 FOR THE WHEELER OPERA HOUSE; $7,500 FOR THE HOLY CROSS BUILDING TASK FORCE BUDGET AND $4~500 FOR WAGNER PARK (SOD) was read by the city clerk. Councilwoman Johnston stated she could not vote for sodding Wagner Park until she knew that it will be at least 90 days before the park is used. Councilwoman Johnston stated the 6 weeks last year was no where long enough. City Manager Mahoney pointed out that 90 days would put the City through the baseball season. Councilman wishart suggested waitingi until Fourth of July fireworks and Rugby games, which is almost 90 days. Councilwoman Johnston stated there should be no sod at all if the park is going to be played on and be ~ Wagner Perk an active park. Mayor Standley stated the field is destroyed by rugby games. Mayor resodding Standley reminded Councilwoman Johnston that she had stated it was worth that much every year just to play on. Councilman wishart said if the City wants to keep the field active, given the level of use, the City will have to sod every year. It will get chewed up no matter how long they let the sod lie. Mayor Standley stated he did have some concerns, although he did not think the sod needs to sit 90 days. Mayor Standley stated for all rugby or soccer games, if it has b~en raining or there is standing water or snow on the field, it will not be used. That is what really tears it up. There are enough other places to put these games. For a $4500 investment, the City should take reasonable care of the field. Council asked that a resolution be drawn up that the field will be used at the discretion of R. W. Smith, and not less than sixty days from sodding, and the park will be open for the people on the Fourth of July. Rugby and Soccer are to be played on the field at Smith's option and not when there is rain, snow, or standing water. Councilman De Gregorio questioned the $4,300 for the golf course study. Mayor Standley explained this covered two studies for the master planning for an 18 hole golf course. Roll call vote; Councilmembers Behrendt, aye; wishart, aye; Johnston, nay; Pedersen, aye; De Gregorio, nay; Mayor Standley, aye. Motion carried. Councilman Behrendt moved that the park not be used for 60 days, the usability of the park be at Smith's discretion, and that the park be open to the public for the Fourth of July; seconded by Councilman wishart. All in favor, with the exception of Council- members Johnston and De Gregorio. Motion carried. Regular Meeting Aspen City Council Aprl± zD, ±~// RESOLUTION ~5, SERIES OF 1977 Transferring Appropriations Councilwoman Pedersen moved to read Resolution ~5, Series of 1977; seconded by Council- Res. # 5 man De Gregorio. All in favor, motion carried. Transferring ~%-~Appropriations RESOLUTTON #5 (Series of 1977) WHEREAS, The City Council may, by resolution, transfer par~ or all of any unencumbered appropriation balance from one department, office, agency or object to another all as provided by Section 9.12[d) of the Aspen Home Rule Charter, and WHEREAS, the City Council wishes to reduce general fund expenditures as herein specified, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the general fund appropriated expenditures be reduced in the following manner: Appropriation General Fund Unappropriated Expenditures Revenues City Attorney (salaries) $10,300 ($10~300) City Council (MAA contribution for bus operations) 11,736 ($11,736) $20,036 ($20,036) Finance Director Butterbaugh explained that she had forgotten to take the MAA contribu- tion out of contributions last year at budqet time, and this figure was doubled budgeted. Councilwoman Johnston moved to approve Resolution ~5, Series of 1977; seconded by Council- man Behrendt. All in favor, motion carried. RESOLUTION ~3, SERIES OF 1977 - Restaurant Extension into the Mall Mayor Standley reminded Council that at the joint study session with the Mall Committee it was decided that the extension corners would be at a 45° angle with a 4 foot by 4 ~'~ Res. #3 foot measurement. E~tensions into theMall Councilman Behrendt moved to read Resolution ~3, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. RESOLUTION ~3 (Series of 1977) WHEREAS, The City Council and the Mail Committee have determined that certain criteria should be applied for review of applications for expansion of restaurants and liquor licensed premises on the Aspen Pedestrian Mall, and WHEREAS, the City Council and the Mall Committee have determined that efficiency and fairness in reviewing such extension applications will be achieved if both bodies established identical basic criteria in their review, and if they announce and publish the same in a joint resolutions, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND MALL COMMITTEE OF THE CITY OF ASPEN, COLORADO: 1. That all owners of restaurants and liquor licensed premises abutting the Aspen Pedestrian Mall (as it exist or may be modified or enlarged) shall be eligible for extension subject 5o compliance with the criteria enumerated below and approval of the Mall Committee and City Council; provided that nothing herein shall qualify the right of the City Council to deny an extension at its discretion, compliance with the following notwithstanding: 2. That all applicants must: (a) Post extenion applications upon the premises in a conspicuous place for a minimum of one week prior to the hearing on the application. (b) Establish an extension area (i) not wider than the mall frontage of the business extended, (ii) without creating an island, (iii) extending not further than ten (10) feet from the property line, and (iv) with the perimeters of the extension boundary being angled a5 45° at the outside corners. (c) Be open to the public at least seven (7) hours per day between the hours of 91:00 a.m. and 8:00 p.m., but in no even~ shall food and beverage service be extended beyond 10:00 p.m. (d) Make food available in the leased area during all business hours. (e) Design an extension consistent (in the determination of the City Council, Planning Office, and Mall Committee) with the general design guidelines and design criteria of the mall and with all service facilities, bus trays, hot plates, water dispensing equipment and dish storage located indoors and no~ on City leased premises. (f) Agree to maintain and manage the extended premises and to remove all structures, fixtures and equipment by 10:00 p.m. each day and not replace such structures, fixtures and equipment until 9:00 a.m. of the following day. Regular Meeting Aspen City Council April 25, 1977 (g) Agree to (i) enter into a lease agreement with the City of Aspen for a term of no more than one year and pay a rental in advance equal to Three ($3.00) Dollars per square foot of rental area per year (it being understood that actual occupancy of the rental area will be only during such months as weather permits use) said lease may be renewed at Mall Extensions the sole option of the City for up to five additional one- continued year terms with rentals to increase at the rate of 6% at the time of each such renewal), (ii) indemnify and hold harmless the City of Aspen and to provide acceptable insurance at the election of the City Council, (iii) limit the use of the premises to the sale of food and alcoholoic beverages, (iv) remove, at its expense, any structures constructed on the leased premises on or before October 1 of each year or in the event the City of Aspen shall determine to make major changes to the Aspen Pedestrian Mall which may effect any structures placed on the mall by the applicant, (v) permit the agents of the City to enter upon the premises at any time to inspect and make any repairs or alterations to the sidewalks, curbs, gutters, streets, utility poles, or other public facilities, (vi) not sublet or assign the leased premises without the prior written consent of the City of Aspen, and (vii) notify the City of any sale or other transfer or ownership of the restaurant or liquor licensed premises. (h) Comply with all local ordinances and applicable state statutes including those regulating liquor licenses. 3. That the City Council and Mall Committee reserve the right to with- draw permission ~o extend or terminate any mall extension lease on failure to continue to abide by the above criteria or other conditions that may be imposed by either such body. Councilman De Gregorio moved to adopt Resolution #3, Series of 1977; seconded by Council- man Wishart. Councilwoman Johnston statedcshe felt that $3 per square foot was low for space right on the mall. A lot of office space is renting for $12 per square foot. Councilwoman Johnston suggested that the rent be $1 per square foot per month, so that if a restau- rant extended for four months, the rent would be $4 per square foot. Councilman Wishart agreed, stating this is prime space. Mayor Standley said he had no problem with this. City Clerk reported there may be some problem getting this approved through th~ state liquor licensing division, as they had indicated they would not approve it if the fences were to come down every night. Mayor Standley directed the City clerk to work with the state on a solution. Councilman Behrendt was opposed to the rents as he felt the restaurants would have to pay for some times that are marginal business times. All in favor, with the exception of Councilman Behrendt. Motion carried. Councilman De Gregorio moved to adjourn au 8:50 p.m.; seconded by Councilman Wishart. All in favor, motion carried.