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HomeMy WebLinkAboutminutes.council.19761025 ~gular Meeting Aspen City Council October 25, 1976 Mayor Standley called the meeting to order at 5~:15 p.m. with Councilmembers Behrendt, Johnston, Parry, Pedersen, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Johnston ~oved to approve the minutes of October 12, 1976; seconded by Council man Parry. All in favor, motion carried. APPOINTMENT TO BOARD AND COMMISSIONS John Dukes Councilwoman Pedersen moved to appoint John Dukes as an alternate to the Board of Adjust- Bd. Adj ment; seconded by Councilman Parry. All in favor, motion carried. CMC/SCHOOL DISTRICT - Request for PIF City Manager Mahoney told Council that a request was made that Council.waive or donate the PIF and water taps charges for the new school building. The water department does CMC/School not have the exact fees that this donation would amount ot because they do not have the District - plans, and do not know what size line the building will require. The PIF could be request to between s8500 and $4800. waive PIF Councilwoman Pedersen stated she was personally opposed to this; the Council did not grant a request similar the last time the school district asked for it. Councilwoman Johnston stated she was also opposed; the City had started to form a policy that any tax- ing district, their expenses should be taken care of by ~axes rather than by the City. Mayor Standley agreed. Councilwoman Pedersen moved to deny the request; seconded by Councilwoman Johnston. All in favor, motion carried. JOINT MEETING WITH COUNTY COMMISSIONERS Commissioners Shellman, Edwards and Kinsley were present. 1. Agreement regarding Community Health Services. Dr. Sammons told the Commissioners and Council that this agreement provides for a total package for mental health. It will be staffed by five people. A position paper on this agreement had been submitted to the packet. Charlie Baker said he had spent many hours going over the issues of this Community agreement, and he felt thi~ will give him a new opportunity. Baker stated that he was Health getting support from Colorado West and from Sopris Mental Health to continue this job. Services Agreement Councilwoman Johnston moved to ratify the agreement regarding community health; seconded by Councilwoman Pedersen. All in favor, motion carried. 2. A-95 Reviews (a) Legal Services for the Elderly. Betty Erickson recommended favor- able comment. Councilwoman Johnston stated she thought this was a worthwhile idea. Ms. Erickson added it would be worthwhile to add an additional comment, there should be A-95s a summary of the work in Pitkin County submitted to the County. Commissioner Shellman added that COG should advise Pitkin County if the program is approved so that there is an opportunity to advertise this service. Mayor Standley stated as a general comment, he would like to hear from COG what is approved and what is not. Councilman Behrendt moved to approve the grant with favorable comment and request a performance evaluation; seconded by Councilwoman Johnston. All in favor, motion carried (b) Carbondale-Basalt Highway 82. Councilwoman Johnston told the Boards that she had attended a state department of highways meeting and questioned why these grants were being processed when the Citizens Advisory Board had not completed their work, not had Highway 82 the Environmental Impact Statement was not done. Mr. Prosence of the department of highways answered it was the mistake of some teQhnician in Denver. The monies were already spent for the engineering. Mayor Standley asked why the Boards should go through A-95 reviews if they were after the fact. Commissioner Shellman suggested requested more information on this particular grant and process, and inform them that Pitkin County has information that the A-95 may be illegal inasmuch as it might have post-dated the grant monies. 3. Discussion of Proposition ~10. Mayor Standley stated it would be useful for the Council and the Commissioners to take a stand on this issue. The proposition would put to a vote any ~ax issue, and it could be construed to airport lease fees, golf course fees, electricity rates, etc. Councilwoman Pedersen moved that the City and County jointly go on record opposing amendment #10; seconded by Commissioner Shellman. All in favor, motion carried. Mayor Standley brought up the communications budget request and urged that the County consider coming in at 50 per cent participation level of staffing the communications. $55,000 each is purely dispatch salaries. Commissioner Kinsley pointed out that a County contribution from $23,000 to $55,000 in one year is a large increase. The Undersheriff had told the Commissioners that the County could have their own communica- tions system for $27,000. Shellman stated this budget is approaching the level where the expense is such that the County will be required to look at an independent system. Shellman stated if the County were to pay half, they should ge~ half the utilization of personnel. Councilman De Gregorio entered Council Chambers. Councilwoman Johnston noted that the County had set ~p a Communications advisory board that might help resolve these things. Shellman pointed out the communications budget is $120,000 this year and has been growing 20 to 30 per cent per year. This budget should be ~xamined to see if it merits this; it should be justified. Kinsley stated that Undersheriff Myers had said that this level of funding wasn't required for the leveJ of service the County is getting. Edwards stated he felt there was a pretty good level of communications last year for $781000; why does it almost have to double to $124,000. Finance Director Butterbaugh pointed out the dispatch staff was going tO increase to nine to cover emergencies. Ms. Butterbaugh also stated that the police and sheriff's department are fairly close to getting a joint grant, and this would not be an appropria~ time to separate the communications dePartment. The Commissioners said they would leave their level of ~participation at $40,000, and the city will have to adjust the communica- tions budget down $15,000. CITIZEN PARTICIPATION 1. Paula Childs wanted to know if the City could put out more trash cans in the down- Trash cans town area. Council concurred. City Manager Mahoney stated someone was working on a in downtown trash can detail, and there would be more ou~ in the downtown area. COUNCILMEMBER COMMENTS 1. Councilwoman Pedersen requested that the Council reactivate the pending legislation Housing on housing definition and the urban design. The'request on the housing definition and definition & plan will be a~request from Council to Brian Goodheim. 2. Councilwoman Johnston proposed that Council ask P & Z to consider a way to save the urban plan old buildings in town, historic buildings that are not in historic districts. Mayor Standl~ agreed; Councilman Behrendt did not. Councilwoman Johnston pointed out this may be a way to keep old buildings from being taken down, until the City can designate everything historic. Mayor Standley suggested having City Attorney Stuller do a memorandum to identify what actzon is available on individual structures not in the historic zone. Mayor Standley stated that the HPC is going around town asking people to designate their structures as historic. 3. Councilwoman Johnston stated that the City should be taking a great interest in what Snowmass is happening at Snowmass and what affect this will have on the City. Councilwoman Johnston effect on said the Council should ask for statement from the planning office as to what they see Aspen the affect will be on the City. 4. Councilwoman Johnston asked if anything was happening about the bricks at the Rio Grande parking lot. City Manager Mahoney answered that it would require $1500 to S2000 Bricks at to move the bricks. It will cost the City 2.2¢ to move the bricks from Woody Creek to Rio Grande town. Councilwoman Johnston stated she felt it was w~ong of the City to take up parking places at the Rio Grande with storage of'bricks. Mahoney stated that behind the present concrete wall, a fence will be built to house the bricks and also to act as an impound lot for the City. Councilwoman Johnston said that the Rio Grande parking lot was not a place for an impound lot. City Manager ~ahoney suggested taking places that were not graveled and leveled and making extra parking spaces out of these. Councilman De Gregorzo stated he did not feel it was worth it to move and move and remove the bricks. They should be left where they are; it is the best place for them. Councilwoman Pedersen stated if they are to stay at the Rio Grande, the property and bricks should be secured. 5. Councilman De Gregorio asked for a progress report on the parks maintenance building. City Manager Mahoney said the City was ready to seal the roof; the insulation would be put Parks in the day after tomorrow. The Windows will be ready soon. Mahoney stated it ~i~l be a Maintenance month before the building is usable. Councilman De Gregorzo Stated he would like to see building an office for the director of parks so that people can ge% a hold of him. 6. Mayor Standley asked that someone be appointed to attend the Colorado Municipal League meeting on House Bill 1092, the urban service bill. City Attorney Stuller was appointed to go. STUDENT COMMENTS DeWolfe, Country Day School, and Cathleen DeMuth, Aspen High School, were present. Nicole Mayor Standtey welcomed them and invited them to attend Council lunch. Mayor Standley told them to feel free to comment on items on the Council agenda, and to bring items to Council's attention they felt necessary. REQUEST FOR ENCROACHMENT - Riverview Condominiums Riverview Jim Martin, manager of Riverview Condominiums, requested an encroachment to build a split- Condos rail fence between the street and the parking area on the Hopkins side of the condominium. encroachment Dave Ellis, city engineer, was opposed to this encroachment due to the traffic congestion at this point in the winter. Ellis stated it would be best if the trash receptables were not in the right-of-way. Councilman Behrendt said there would be a benefit in granting this if the general public were able to use the right-of-way along the river for a trail easement. Ellis presented a plat and Council discussed the easement on the Hopkins side and the river side. Councilman Behrendt moved to table this request for two weeks and have city engzneer Dave Ellis work this out; to see if it is possible, during high water, to have a trail off the Hopkins street bridge over to uhe Rio Grande property, without going on Main street; seconded by Councilman De Gregorio. All in favor, motion carried. Councilman Wishart came into Council Chambers. RESOLUTION $20, SERIES OF 1976 - Budget for 1977 Mayor Standley opened the public hearing. Finance Director Buuterbaugh told Council the presented Resolution shows where the Council Res. 20 is after all their budget sessions. The revenue amounts were not really pinned down, but Budget 1977 there are no problems with them generally. The revenues were projected fairly conserva- tively. Ms. Butterbaugh stated the current property tax was projected at the current mill levy, which is 3.57 mills. This will be a tax increase because the valuation has increased In 1976 the property tax was $110~209. If the City stays with 3.57 mills, in 1977 the property tax will be $196,063. Ms. Butterbaugh stated the City had to reduce:the road and bridge tax because the County took an option. The County has decided to only give $40,000 to the conuuunmcations budget, which will reduce that $15,000. Councilman Behrendt stated he felt the Council had been through very calm budget sessions. The Council had granted almost every request. Councilman Behrendt asked if the Council really wanted to almost double the property tax. A majority of the Council answered no. Mayor Standley suggested increasing the property tax selectively to non-permanent residents and to figure out a rebate system for permanent residents. Council discussed a m~cnco by which this could be achieved. Councilwoman Johnston stated she did not think the City could differentiate to make evaluations between income levels for a rebate system° Councilwoman Johnston moved to go with no proper~y tax increase and only increase as the County has permission? increase on a normal growth rate but not re-eva~uation~ seconded by Councilman Behrendt. Councilmembers Behrendt, De Gregorlo, Johnston, and Parry in favor~ Councilmembers Wishart, Pedersen, and Mayor Standley opposed. Motzon carried. Ms. Butterbaugh said she would have to rework the budget and get any extra that might be in there ou~. There is some unappropriated surplus. The City needs a total of about $80,000. Land acquisition Has about $186~000; electric fund has about $12~000. Council decided they wanted to have as much ava£1able money for open space acquisition as possibl~ . There is $100,000 water revenues, which is unrestricted and could be transferred back to the general fund. Councilwoman Johnston stated she felt Council was very permissive. A genuine attempt should be made to cut the budget across the board. Some departments are fatte~ than others. Council set a special meeting to Wednesday, October 27, 1976, at 4:30 p.m. to reconsider Resolution ~20, Series of 1976. Mayor Standley closed the public hearing. ORDINANCE #58, SERIES OF 1976 Installment Contract, street sweeper Ord. 58 Mayor Standley opened the public hearing. There were no comments. Mayor Standley Installment closed the public hearing. Contract Street Councilman Behrendt moved to read Ordinance a58, Series of 1976; seconded by Council- sweeper man Parry. All in favor, motion carried. ORDINANCE =58 (Series of 1976) AN ORDINANCE RATIFYING A CERTAIN LEASE OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BANK OF ASPEN PROVIDING FOR THE INSTALLMENT PURCHASE BY THE CITY OF A STREET SWEEPER OVER A PERIOD OF THIRTY-SIX MONTHS WITH QUARTERLY PAYMENTS OF $2,407.64 EACH, ALL AS MORE SPECIFICALLY PROVIDED HEREIN was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~58, Series of 1976, on second reading; seconded by Councilman Wishart. Roll call vo~e; Councilmembers Behrendt, aye; De Gregori~, aye; Johnston, aye; Parry~ aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Wheeler Opera House Leases. City Manager Mahoney told Council the City had notified most of the tenants of the Wheeler that the ren~s would be raised to $9 per square foot. The tenants want the maintenance and housekeeping up ~o par for $9, and want the use of Leases the toilets on the second floor. Mahoney pointed out that the City may be negligent for Wheeler no5 providing toilets on the third floor for the theatre. Swales has agreed to work wit~ Opera House the City on a new lease. Mahoney told Council that leases were not needed right now. The City would lease on a month-to-month basis on $9, do the housekeeping, give the second floor a private toilet, and work out a deal with Swales. Mahoney said Art Hougland was working with Chick Colli~ to get toilets on the third floor. Depending on the cost of the toilets on the third floor, a lease price will be worked out for the third floor. 2. Trolley Cars. Mahoney told Council he had been requested by Jon Busch to write a Trolley Cars letter accepting a gift of trackage and so forth for a trolley. Mahoney had submitted proposal background material to the Council. Councilman Parry told Council this would be a troll system linking the Rio Grande parking lot to Rubey Park, with a possibility of going to Lift ~1 in the f~ture. This would be a small shuttle system. Jon Busch has shuttle cars which are small, antlque, electric; two cars would do the job. Councilman Parry told Council that some people in the private sector indicated they would be willing to purchase cars. If this could be done with private money, it could be feasible. Councilman Parry moved to authorize Mahoney to write a letter to Bill Coors indicating a willingness by the City to accept his donation of rails, switches, ties, and mounting hardware; also the creation of a steering committee composed of Jon Busch, Jim Furniss, George Parry, Jim Adams, Roger Hunt, Gaard Moses, Don Fleisher, Jim Daggs, Ted Koutousbo~ Jim Breasted, the purpose of which is to investigate the feasibility, appropriateness and desirability of a downtown trolley shuttle; the purpose is also to explore funding sources and make financing recommendations for such a shuttle system; seconded by Counci] man Behren~t. Councilwoman Johnston said she thought it was fantastic that the private sector had moved in this direction, and the Council should do what they could to support this. Councilman Parry stated that Bill Coors had not offered the equipment yet, but it would be sold off as scrap. The key to this shuttle is the-letter from the City. All in favor~ motion carried. 3. Space for Employmen~ Office. City Manager Mahoney told Council he had had several requests from the employment office ~o provide space for an office in Aspen to provide service ~o employees and employers ~n town. The Employment Office took the idea to the Employment Chamber. ~ahoney stated he endorsed the idea of providing space. Mahoney told Council Office space that the o1~ mall office was presently being used by the dog catchers and suggested that the employment people share this space. Councilman De Gregorio asked about space for the driver's license bureau and stated he would rather give them space. Hougland told Council that the driver's license bureau had signed a lease in Basalt until 1977. Mahoney pointed out that the City would have more flexibility in space when the third floor of City Hall can be occupied. A repre- sentative from the employment office told Council there would be no unemployment lnsuran¢ taken in Aspen. That would still be done in Glenwood Springs. The employmen~ office is only asking for six months rent. After that, the state will carry its own weight. Councilwoman Johnston pointed out that private employment agencies charge. This is a service that should be available to the citizens. Councilwoman Johnston moved to grant space in the Wheeler Opera House for six months to the employment office; seconded by Councilman Parry. Councilmembers Johnston, Parry, and Mayor Standley in favor; Councilmembers De Gregorio, Behrendt, Wishart, and Pedersen opposed. Motion NOT carried. Councilman Wishart said he would rather see an unemployment office in Aspen. Councilwoman Pedersen this sort of use in the Wheeler is one that she personally objected to. Councilwoman Johnston suggested that the City Manager continue looking for a suitable space for the employment office. 4. West Side Traffic Plan. John Stanford, planning office, told Council he had worked with a sub committee composed of five members from the west end and had developed two transportation plans. Plan 1 would be maximum circulation on all streets and would West end utilize stop signs for traffic control in the west end. There would be signs directing traffic eastbound traffic to use Main street. Bleeker street would be opened and place a no plan left turn sign at Bleeker to traffic going south. There would be a sign at the Community Church directing westbound traffic to Mill and Main. The plan incorporates a number of~ s~gns to east and west bound traffic on Hallam and Bleeker streets. Third street would be a primary street for bus route. Plan 2 would concentrate traffic on certain major thoroughfares and has basically the same sign recommendations as plan 1. Plan 2 would maintain the dead end streets at Hallam and Bleeker and would introduce barricades at Smuggler and Francis. The City would pave Seventh street to carry traffic to the Institute and music tent. A third alternative to would to have half barricades, which would allow traffic to exit from the west end only and not enter. This plan would also have signs directing traffic. Stanford stated the utilization of stop signs should be where there are mayor thorough- fares. The planning office reconm~ends plan B as it tends to ge% closer to the objectives of the west end circulation plan, which is ~o prevent though traffic from using the west end. This would also improve the safety of children in routes to school; would put traffic destined for the downtown on Main street; allow for maximum circulation in the west end; allow for clear access up third street to the Institute. Stanford pointed out it was important to realize that in the west end only two streets are designed for through traffic; Hallam and Bleeker are designed to carry heavier loads. Councilwoman Pedersen said. she would like Council to consider changing the speed limit in the west end ~o 20 mph as it is a residential area. Councilman Parry pointed out that when you close more streets, it increases traffic on adjacent streets. Councilman Behrendt stated he would like to do plan 1 as it is least expensive. If the Council adopts plan 2, it will exaserbate the people in the west end. Stanford told Council tPat the residents in the west end would like to do a controlled survey to find out what people want. This could be done either door-to-door, in the mail, or on the phone. Councilman De Gregorio moved to adopt plan b; seconded by Councilwoman Pedersen. Council- members Wishart, De Gregorio, Pedersen, Johnston and Mayor Standley in favor; Councilmembe s Parry and Behrendt opposed. Motion carried. MAYOR'S DEED Councilman De Gregorio moved to authorize Mayor Standley to execute the Mayor's Deed for lots M, N and O, Block 8, City and Townsite of Aspen; seconded by Councilwoman Pedersen. All in favor, motion carried. PETITIONS FOR ANNEXATION - Heller and Dittmar Annexation Petitions Mayor Standley told Council it was the recommendation of the engineering department that Heller Council accept the petitions for annexation, and then let the engineering department and deal with the annexation problems. Dittmar Councilman Behrendt moved to read Resolution ~18, Series of 1976; seconded by Councilwomar Pedersen. Councilwoman Johnston asked to discuss the merits of annexation. Councilwoman Johnston said she thought one of these annexations would enable to owner to get duplex zoning where it was not possible in the co~nty~ City Attorney Stuller told Council these people wanted to capitalize on city water rate, and more lenient zoning. One annexation would allow condominiumization of an existing duplex, one would allow construction of a duplex. In the County neither activity would be permitted. City Engineer Elli~ said that all lots presently have a structure on it; one could be expanded. Ellis pointed out that financial y annexing always costs the city more; loss of water revenues, increased police service~ etc City Attorney Stuller told Council that when they accept a petition for annexation, there are three determinations; (1) there is conti~uity, (2) that it will not sever a existing ownership (3) the area is really an urban community and can be integrated into the Aspen community. After that, there are two readings of an ordinance and an annexation agreement Also in the investigation as what type of technical suppor~ the City is going to have to give to the properties and how it will affect the City financially. By reading the Resolu tion, the Council ~s s~gnify~ng the petition is acceptable and complete. All in favor, motion carried. RESOLUTION 918 (Series of 1976) WHEREAS, there has been presented to the City Council for its con- sideration a Petition for Annexation concerning the following described tract Res. 18 located in Pitkin County, Colorado: Heller Lot 2, Block 2, Pitkin Mesa Subdivision, Annexation and, WHEREAS, said petition signed by the applicant, Nick Heller, has been determined by the City Council to satisfy the requirements of Section 31-8-107 (1) (c), C.R.S. 1973, the Colorado Municipal Annexation Act of 1965, and WHEREAS, it is required by said Act that the Council determination of the substantial compliance of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the Petition for Annexation dated October 12, 1976, and submitted by Nick Heller for annexation of the abOve-described property shall be, and hereby is, determined to be in compli&nce with Section 31-8-197(1) lc), CoR.S. 1973, the Colorado Municipal Annexation Act, was read by the city clerk. Councilman Wishart moved to adopt Resolution #18, Series of 1976; seconded by Councilman De Gregorio. All in favor, motion carried. RESOLUTION #19, SERIES OF 1976 Councilwoman Pedersen moved to zead Resolution ~19, Series of 1976; seconded by Council- man De Gregorio. All in favor, motion carried. REs. 19 Dittmar RESOLUTION #19 Annexation (Series of'1976) WHEREAS, there has been presented to the City Council for its consideration a Petition for Annexation concerning the following described tracts located in Pitkin County, Colorado: Lots 8,9,10,11,12,15, and 16, Block 1, Pitkin Mesa Subdivision, and, WHEREAS, the Petition signed by the owners of said tracts has been determined by the City Council to satisfy the requirements of Section 31-8-107(1) (c), C.R.S 1973, the Colorado MuniciPal Annexation Act of 1965, and WHEREAS, it is required by said Act that the Council determination of the substantial compliance of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the Petition for Annexation dated October 13, 1976, and submitted for annexation of the above-described property shall be, and hereby is, determined to be in compliance with Section 31-8-107(1) (c), C.R.S 1973, the Colorado Municipal Annexation Act was read by the city clerk. Councilwoman Pedersen moved to adopt Resolution ~19, Series of 1976; seconded by Council- woman Johnston. Ail in favor, motion carried. ORDINANCE #59, SERIES OF 1976 - Hernstadt Water Extention Nick McGrath, representing Hernstadt, told Council he had made changes in the water Ord. 59 contract that the city engineer wanted. Item 1 had been satisfied; #2 McGrath and the Eernstadt city engineer agreed to $15 per hour for inspections and engineering services. Number Water 3, service can be provided only after acceptance of the agreement is in the contract. Extension Number 4, McGrath changed the language to read that the City will cooperate with Hernstad~ to obtain easements, although no easements may be needed. Number 5, [~cGrath agreed that the city will be responsible for maintenace. McGrath told Council he had added to the contract that Hernstadt will be responsible for landscaping and vegetation. The two items that have not been satisfied are (1) the extension in Wright Road will cost Hernstadt approximately $6,000. McGrath pointed out that Hernstadt does not have to do a extension, but could tap on to the city line. McGrath asked that the Council waive the PIF since Hernstadt is spending $6,000 to extend the City's line in the City's right- of'way. The PIF should be about $2800. (2) If Hernstadt construct's the line at his expense and someone else taps on, they should be required to reimburse ~ernstadt at a pro rata expense. McGrath stated he felt it was appropriate to leave this in the contrac~ . Mayor Standley said he did not feel that Hernstadt should get both the PIF waived and the reimbursements. Mayor Standley pointed out that the City does not waive PIFs; the Council must make a donation of real money into the plant investment fund. Hernstadt should get reimburse- ments if anyone taps on his line. City Engineer Ellis told Council he felt that money for the revegation or landscaping should be escrowed or in a bond prior to acceptance of the extension agreement. Council agreed. McGrath stated to C~uncil that the applicant felt this was an emergency because of the coming of winter and the need to get the line iN before the ground freezes and m~kes construction impossible. Mayor Standley said that there was rationale for an emergency so that the road will not erode out. Councilman Behrendt moved to read Ordinance 959, Series of 1976, declaring that Council has found that an emergency exists, that it is imperative to get construction finished before winter sets in; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~59 (Series of 1976) AN ORDINANCE APPROVING THE EXTENSION OF THE CITY WATER SERVICE TO CERTAIN PROPERTIES IN THE RED MOUNTAIN SUBDIVISION CONDITIONED ON COMPLIANCE WITH THE TERMS OF A CERTAIN WATER EXTENSION AGREEMENT, AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING THE IMMEDIATE ENACTMENT HEREOF was read by the city clerk. Councilwoman Pedersen moved to adopt on first reading Ordinance 959, Series of 1976; seconded by Councilman Behrendt. Roll call vote; Councilmembers Wishart; aye; Pedersen, aye; Parry, aye; Behrendt, aye; De Gregorio, aye; Johnston, 'aye; Mayor Standley, aye. Motion carried. ORDINANCE #60, SERIES OF 1976 - Historic Designation of Main Street Councilwoman Pedersen moved to read Ordinance 960, Series of 1976; seconded by Councilman Ord. 60 H designati~ De Gregorio. All in favor, ~motion carried. of Main street ORDINANCE 960 (Series of 1976) AN ORDINANCE DESIGNATING AS AN HISTORIC DISTRICT ALL OF THOSE PROPERTIES ABUTTING (ON THE NORTH AND SOUTH) MAIN STREET BETWEEN MONARCH AND SEVENTH STREETS, AND ALL OF PAEPCKE PARK, WITHIN THE CITY OF ASPEN WHICH AREA IS MARE PARTICULARLY DESCRIBED AS LOTS K, L, M, N, O, P, Q, R, AND S OF BLOCK 18, 24, 30, 37, 44, 51, 58, 66, 73; LOTS A, B, C, D, E, F, G, H, AND J OF BLOCKS 19, 25, 31, 38, 45, 52, 59, 74; AND ALL OF BLOCK 67 OF THE ORIGINAL ASPEN TOWNSITE was read by the city clerk. Councilwoman Pedersen moved ~o approve Ordinance 960, Series of 1976;on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, ~ye; Pedersen, aye; Parry, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE 961, SERIES OF 1976 - Historic Designation of Shoenberg Residence City Attorney Stulle~ told Council that there was no longer a need to have this an Ord. 61 emergency ordinance becase there is,no longer a possibility of the house being destroyed H designa- tion/ Councilwoman Pedersen moved to read Ordinance ~61, Series of 1976; seconded by Councilman Shoenberg Wishart. Ail in favor, motion carr.ied. residence ORDINANCE ~61 (Series ~of 1976) AN ORDINANCE DESIGNATING THE SHOENBERG RESIDENCE (.LOTS D AND E OF BLOCK 74, ORIGINAL ASPEN TOWNSITE) AS AN HISTORIC STRUCTURE AND SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~6~,'Seri~es of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote.; Councilmembers Johnston, aye; Pederse~ aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE 962, SERIES OF 1976 - Historic Designation of Terese David building Ord. 62 Councilwoman Pedersen moved to read Ordinance ~62, Series of 1976; seconded by Councilman H designa- De Gregorio. All in favor, motion carried. tion of Terese ORDINANCE ~62 David (Series of 1976) Residence AN ORDINANCE DESIGNATING THE TERESE DAVID PROPERTY (LOTS K, L AND M OF BLOCK 7~, ORIGINAL ASPEN TOWNSITE) AS HISTORIC STRUCTURES AND SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~62, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart; aye; Pedersen; aye; Parry, aye; Johnston, aye; De Gregorlo, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE 963, SERIES OF 197S - Park Dedication Fees Ord. 63 City A~torney Stuller pointed out some changes in the ordinance to Council; the phrasing Park was changed from employee housing to moderate income housing. Councilwoman Johnston Dedication wanted the formula extended Lo the number of bedrooms per dwelli~ unit. Council fees decided to eliminate the five year cut off. Councilwoman Pedersen moved to read Ordinance ~63, Series of 1976, as modified recognizin¢ the five year cut off is eliminated, and figuring the fees on bedrooms by the number; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE =63 ~Series of 1976) AN ORDINANCE REPEALING AND RE-ENACTING SECTION 7-143 and 20-18 OF THE ASPEN MUNICIPAL CODE; WHICH SECTIONS, AS AMENDED, IMPOSE A PARK DEDICATION FEE ON THE CONSTRUCTION OF NEW RESIDENTIAL AND COmmERCIAL STRUCTURES WITHIN THE CITY AND ON THE SUBDIVISION OF LAND AND CONDOMINIUMIZATION OF STRUCTURES WITHIN THE CITY OF ASPEN; WHICH SECTIONS FURTHER ESTABLISH FORMULAS FOR CALCULATING THE REQUIRED FEES, PROVIDE FOR OFF-SETS AGAINST THE FEES (IN THE CASE OF STRUCTURES EXISTING ON THE DATE OF THE ORDINANCE), EARMARK FEE PROCEEDS FOR THE ACQUISITION OF PARK AND RECREATION LANDS (OR CAPITAL IMPROVEMENTS THERETO), AUTHORIZE THE DIRECTOR OF FINANCE TO PERMIT COLL- ECTION IN INSTALLMENTS, ALLOW THE COUNCIL TO EXEMPT MODERATE INCOME HOUSING PROJECTS FROM PARK DEDICATION FEES, AND DECLARE THAT THESE FEES CONSTITUTE A LIEN ON THE PROPERTY ON WHICH THEY ARE IMPOSED was read'by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~63, Series of 1976, as amended on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. HOLY CROSS AGREEMENT City Attorney Stuller %old Council that Ordinance #64, Series of 1976, was premature and should not be read until after the election. Ms. Stuller told Council the service area Holy Cross was not yet defined. Holy Cross is taking the position that the City will assume the Agreement cost of actual extension to new facilities. Councilman Behrendt moved to approve the agreement; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE #65, SERIES OF 1976 Bus lease Councilman De Gregorio moved to read Ordinance #65, Series of 1976; seconded by Councilma! Parry. All in favor, motion carried. Ord. 65 ORDINANCE ~65 Bus lease (Series of 1976) AN ORDINANCE RATIFYING A CERTAIN LEASE OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND ELDER/QUINN & McGILL, INC. PROVIDING FOR THE INSTALLMENT PURCHASE OVER A PERIOD OF SIXTY MONTHS WITH QUARTERLY PAYMENTS OP $12,695.22 EACH, ALL AS MORE SPECIFICALLY PROVIDED HEREIN was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~65, Series of 1976, on first reading; seconded by Councilman De Gregorio. Roll call vote; Councilmemb~rs Wishart, aye; Behrend~ aye; Pedersen, aye; De Gregorio, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Barry Edwards, representing the Trueman pro3~et, asked Council to consider having a special meeting to do the Trueman PUD and final subdivision. In order to qet any work done, construction has~ to be started this year. Councilwoman Pedersen said she did not feel that was sufficient rationale for a special meeting or an emergency ordinance. Ms. Stuller told Council that a public hearing was already held, so the public would not be excluded from the decision making. The Council may see some public need for a neigh- borhood commercial facility. City Engineer Ellis stated he had not seen a subdivision agreement, and the final plat needs revls~onSo Councilmembers Wishart, Johnston, Pederse~ and Behrendt all felt there was no emergency. Councilwoman Pedersen moved to adjourn at 8:50 p.m.; seconded by Councilman De Gregorio. Hauter, City Clerk Special Meeting October 27, 1976 A Special Meeting of the City Council was held on October 27, 1976 a~ 4:45 in the City Council Chambers. Those members present were Nina Johnston, Michael Behrendt, George Parry, Steve Wishart, Mick Mahoney, Mayor Standley, and City Attorney Sandra Stuller. Also present was Lois Butterbaugh of the Finance Office. ORDINANCE ~59 - Water Extension to Red Mountain Mayor Standley opened the Special Meeting and Councilwoman Johnston moved for a second Ord. 59 reading of this Ordinance, seconded by Councilman Parry~ All in favor, mo~ion carried. Hernstadt Water ORDINANCE a59 Extension AN ORDINANCE APPROVING THE EXTENSION OF THE CITY WATER SERVICE TO CERTAIN PROPERTIES IN THE RED MOUNTAIN SUBDIVISION CONDITIONED ON COMPLIANCE WITH THE TERMS OF A CERTAIN WATER EXTENSION AGREEMENT, AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING~'THE IMMEDIATE EN- ACTMENT HEREOF. Was read by the Depusy City Clerk. There was a motion to adopt by Councilman Behrendt, seconded by Councilwoman Johnston.