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HomeMy WebLinkAboutminutes.council.19760927 Regular Meeting Aspen City Council September 27, 1976 JOINT MEETING WITH COUNTY COMMISSIONERS 1. Trails Improvements Agreement. This agreement was drafted by City Attorney Stuller. City Engineer Ellis stated that all trails that were put in on City property, it was represented by the County that any relocation work necessary would be paid for by the Trails County. Ellis stated he did not know why the trails should be relocated or why the City Improvement should bear half the costs. County Engineer George Ochs said he felt the County needed Agreement the kind of protection in this agreement. Councilwoman Johnston said the problems were more or less historic. Before the County would build a trail in the City, they would have to have the City's approval. Mayor Standley sta~ed Council's feeling was that this agreement protects the City and is mutually agreeable. The City and County put off adopting this until the Commissioners could read the agreement. 2. Zoline Property Exchange. City Attorney Stuller submitted a memorandum to Council Zotine outlining several concerns about this property trade. The City wanted to trade 1.14 acre~ property for .3 acres as long a~ it was not built upon. Zoline is not interested in not having exchange/ the right to develop. The rest of the easements for this bicycle trail are not in order bicycle yet. The County shou!dl check with the highway department to see if the land is deeded. trail Mayor Standley stated he had been approached by prospective purchasers of the Zoline property to see if they could get this property annexed. Ceunc~tgoman Johnston suggested going ahead with the other easements and see what options develop on the Zoline property. Ochs told the Council and Commissioners that he had all the easements out to the State Department Highway sheds ready to Commissioner Shellman asked the Council if the City would be satisfied if there were a joint review on any development on Zoline's site. Councilwoman Johnston pointed out that if the highway were widened, the trail would be lost and the City would have given away a piece of land. Councilman Parry moved to approve the property exchange with Zoline as drafted by City Attorney Stuller with a review on any development on the land; seconded by Councilman Behrendt. All in favor, motion carried. 3. Colorado Mountain' College Building. City Manager Mahoney stated that the City had entered into a contract with the Federal government to build a bicycle trail. The con- CMC tract stipulated the City was to maintain the trail'for 25 years; if not, the City is bnilding subject to a penalty. Mayor Standley pointed out that the City has an easement and CMC encroach violated this easement without receiving permission to encroack~U~on the easement, on City's County Building Inspector Patsy Newbury said that the survey shows that the CMC building is 2 feet over the actual power line, and in the City's easement. The Industrial Commissi )n told Ms. Newbury she had no jurisdiction as a building inspector over the school. The CMC building is under a stop order right now. Commissioner Shellman said the City and County ought to invite CMC to a conference to try to work this out. Ochs said that Nick McGrath suggested putting a stop work order on the building and let CMC come in and identify where they are right, rather than the City and County expending a lot of money and effort on this. Mayor Standley stated the school board, CMC, and the City and County should be involved in a discussion of this problem, and he would issue the invitation. Planner Kane said th~ is a $250,000 project; CMC is a taxing authority and has a responsibility to assess the community needs. CouncilwOman Johnston moved to read Resolution #14, Series of 1976; seconded bY Council- man Parry. All in favor, motion carried. RESOLUTION ~14 (Series of 1976) WHEREAS, there has been tendered for Council consideration of "City Res. 14 of Aspen/Pitkin County Joint Agreement concerning Construction of Trails within Joint Trails the City Limits" the terms of which the City Council finds appropriate, and Agreement WHEREAS, Section 13.5 of the Hole Rule Charter requires approval of all such agreements by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby ratify and affirm the terms of the "City of Aspen/ Pitkin County Joint Agreement Concerning Construction of Trails within the City Limits", a copy of which is attached hereto and incorporated by this reference was read by the city clerk. Councilwoman Johnston moved to adopt Resolution #14, Series of 1976; seconded by Council- man Parry. All in favor, motion carried. Commissioner Shellman authorized the Chairman of the County Commissioners to sign the agreement. 4. Highway Impact Study. Bob Lewis presented photographs and slides of erosion, loss of scenery and general d~struction brought about by highways and roads. Lewis said he was pleading with governmental bodies to take some positive action, both in Glenwood Canyon and in Pitkin County, to maintain the countryside. Lewis stated he would like to know Highway 82 what to expect from the highway department and Pitkin County to ameliorate the damage done Impact study and to prevent further damage. Commissioner Shetlman'stated there is not much that can be done; the highways are built before they can be afforded to fulfill a great demand for cheap automobile traffic. Mone' is being put into highways, rather than into trying to solve transportation problems generally. Bob Lewis pointed out that if a deVeloper created the same kind of environ- mental damage, the City or County could put pressure on the developer when they applied for another building permit. Mayor Standley suggested that Lewis give this presentation to the State Highway Commissior Change in the highway department has got to come from the top, and Pitkin County could help support this change. Councilman De Gregorio came in. 5. A-95 Reviews. ' ...... Easter.n. Eagle County Transportation Group. Commissioner Kinsley recommended this grant With favorable comment; seconded by Councilman Parry, All in favor, motion carried. A-95s Yamcolo Reservoir. Commissioner Kinsley state'd he would like to take a better look at this and act on it next time. Mayor Standley said he had talked to John Musick, and Musick recommended negative comment, with a request that the county develop the project and lease it back to the energy Company. Mayor Standley noted there was no direct impact on Pitkin County, except that Pitkin County is trying to work as a COG, especially on western slope water. Councilman Behrendt moved to table this application; seconded by Councilman Parry. All in favor, motion carried. Handicapped Transportation for NWC. Councilwoman Johnston moved to recommend with favor- able comment; seconded by Councilman Parry. All in favor, motion carried. Handicapped Transportation-for Summit County. Councilman Parry moved to recommend with favorable comment; seconded by Councilwoman Johnston. All in favor, motion carried. Special Census for Delta, Moffatt, and Routt Counties. Betty Erickson had suggested no comment, but Ma'yor Standley pointed out that Pitkin County had been trying to get a special census for three years. Mayor Standley suggested giving a favorable comment and trying to get Pitkin County in on the census. Councilman Behrendt moved to forward with favorable comment; seconded by Councilman Parry Mayor Standley stated this census is a critical planning element and asked Planner Bill Kane to see if Pitkin County could get plugged into this. All in favor, motion carried. Mayor Standley mentioned that COG would be meeting in Aspen, Thursday, September 30, to finalize their budget. The budget for COG has gone from $257,000 to $616,000 in two years. Pitkin County is being asked for $16,000, which is the highest increase. COUNCIL MEETING Mayor Standtey called the Council meeting to order at 6:30 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilman Parry moved to approve the minutes of September 13, 1976; seconded by Council- woman Johnston. All in favor, motion carried. CITIZEN PARTICIPATION 1. Erin Dugan proposed an addition to the Aspenfest in conjunction with the dedication of the mall. Ms. Dugan asked the Council for permission to close the top of Mill street Mall dedi- for about an hour for a skateboard contest. City Attorney Stuller said she would alert cation the insurance company this event was happening, and have all participants sign a waiver before entering. Mayor Standley suggested this event should be coordinated with the Chamber of Commerce. Councilman Parry moved'to approve the closure of ~iMill street; seconded by Councilman De Gregorio. 'All in favor, motion carried. 2. Jim Paterson, 735 Cemetery Lane, expressed the opinion that the parks maintenance building being built on Cemetery Lane was an ill advised structure being placed on some- thing that was supposed to be open space. A great many people are concerned and would Parks like to see something done. Paterson asked that Council consider a special hearing so Maintenance that people could be present to disucss the structure. building complaints 3. Wally Mills stated many people did not know what the structure was; when they found out it was not a residence, they were incensed. Mills stated he felt something should be done. 4. Ella Fitzpatrick said she felt the same way. This building will be a traffic hazard, and it does not fit in with the aesthetic plan around the area. Ms. Fitzpatrick stated she objected very much to the building going up and to all the City trucks out there. 5. Donna ~acono said every tourist coming into Aspen will pass this, the building is really ugly and should be located under the Castle Creek bridge or at the Trueman Property 6. Ann Irwin stated her main concern was the impact this building would have on a residential area. Ms. Irwin said she felt this expensive building was a waste of time. The City could not have picked a worse building site, it can be seen from every angle. City Attorney Stuller outlined the procedures the City had taken on this building and stated she felt they were legally sound. The City realized last summer it had no pro- vision in the zonlng code for parks maintenance building; consequently, it was proposed and accepted by the City Council an amendment to the zoning code for parks maintenance buildings as conditional uses. This amendment went through a P & Z public hearing, and through first and second reading before the Council. A conditional use can only be designated after a hearing before the P & Z; the notice requirement for this are such that every property owner within 300 feet has to be g~ven 15 days notice by mail. The City picked the entire golf course property to receive these notices. P & Z conducted three different meetings on the conditional use of a park maintenance building. The P & Z approved it but imposed five conditions on the building; all parking has to be internalized, etc. After the conditions were imposed by P & Z, the parks maintenance building went back to Council to see if Council would accept those conditions. City Manager Mahoney stated after he had received approval and appropriation from Council he asked architect Greg Cole to develop a concept for a golf course maintenance building, parks office building. This concept was shown to both the P & Z and Council, and receive, the okay to proceed with this building. Mahoney stated the City intends to build a nicel designed, well-built building. The building will have an earth berm and will be totally landscaped and will have a solar assisted green house. Mahoney told Council the project is coming in at materials cost of $10,000 and labor at $8,000. Mayor Standley pointed out that the City held four public hearings on this building, and there was no negative comment at that time. This project is being guided by an outside architect, Jack Walls, and an engineering firm. People should give Council their input during budget and public hearings, not when the excavation on a project has been done. 7. Hans Gramiger submitted a letter to Council and told them he was very concerned about the mall. Gramiger stated he felt the mall should have a trial period of two w~nters Mall and two summers w~thout any commercial activity. If if can stand on its own feet, it will be a tribute to the City. 8. Sally Simmons, on behalf of the Thrift Shop, would like to have a coat sale on the Thrift shop right-of-way in front of the Thrift Shop Thursday, Friday and Saturday. This needs sale City/s Council's permission. right-of- way Councilman De Gregorio moved to approve a coat sale on the right-of-way; seconded by Councilman Parry. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Behrendt asked that Council consider Brian Goodheim's program, as submitte~ in memorandum. Mayor Standley suggested Council wait until budget hearings. 2. Councilwoman Johnston stated the first meeting in October had been changed to October 4 at her request because the Commissioners had ~o meet that day. Councilwoman Johnston suggested having only the joint meeting on October 4, and the regular Council meeting Tuesday, October 12. Councilwoman Johnston moved that the next Council meeting be held on October 12, 1976, at 5:00 p.m. and that the public hearings be rescheduled; seconded by Councilman Behrendt. All in favor, motion carried. 3. Councilwoman Johnston told Council that September 29 at 7:30 p.m. at the high school will be a public hearing on the Aspen-Snowmass planning unit held by the EPA. 4. Councilman Parry asked about the Holy Cross trade. Mayor Standley answered that H.J. Stalf is writing a public relations brochure describing the property, the trade, and the terms. 5. Mayor Standley reminded Council of the COG meeting in Aspen Thursday, September 30th. 6. Mayor Standley mentioned Puppy Smith day, in honor of Smith's 25 years with the City of Aspen, Friday, October 1, at 4:00 p.m. Everyone is invited. 7. There is a CML appointment to the policy committee. Councilwoman Johnston suggested she Would be willing to serve on that committee. Council agreed. STUDENT COMMENT There was no comment. LIQUOR LICENSE RENEWALS Councilman Behrendt moved to approve the 3.2 beer renewals for City Market and Paco's City Market Tacos; seconded by Councilman De Gregorio. All in favor, motion carried. Paco's Tacos Renewals R. PEA'S - Reques~ for expansion of liquor licensed premises This expansion showed up in the original license application. Perez leased this extra R. Pea's 300 square feet to put in a toilet so he could be in compliance with state laws. expansion of' premises Councilman Behrendt moved to approve the expansion; seconded by Councilman De Gregorlo. All in favor, motion carried. REQUEST FOR ENCROAC~LMENT - Dale Eubanks Dale Eubank~ explained that the alley next to his house is totally unusable. Eubanks has cleaned it out and leveled it, and wants to build a dog kennel in lt. Encroachment Eunbanks Councilman Behrendt moved to authorize City Attorney Stuller to draw up an encroachment agreement with the usual stipulations required; that Eubank be allowed to build his dog run out to the middle of the alley; seconded by Councilman Parry. City Attorney Stuller stated she had discussed this with the City Engineer. There is a trail easement there, and if the entire alley were encroached, the City would lose their access. The encroachment should only come to the middle of the alley. Councilman De Gregorio stated he did not feel it was the City's responsibility to give away encroach ments for dog kennels. All in favor, with the exception of Councilman De Gregorlo. Motion carried. WILDERNESS WORKSHOP - Eagle/Aspen Planning Alternative "H" Joy Caudill and Connie Harvey presented a map and outline of their alternative that the Wilderness Workshop has been working on since last spr~ng. This alternative has come Eagle/Aspen from workings of various wilderness workshops. The Forest Service presented a brochure Planning with alternatives A through G. Alternative H came through the wilderness workshop and Alternative refinement of the Aspen Wilderness Workshop. Ms. Caudill explained the various colors and areas on the map; orange ~s proposed wilder- ness study areas, dark gold is dispersed recreation. Kolby park, Seller lake, the road across Red Table mountain would be vehicular dispersed. The front of Smuggler Mountain would be non-vehicular. Pale yellow is wildlife habitat. The Adam Mountain ski area should only be allowed after Beaver Creek and Arrowhead have been fully developed and the impacts analysed. Ms. Caudill told Council that the Commissioners and Wilderness Workshop have co-sponsored this alternative plan. The Wilderness Workshop has worked with Allen Whitaker, the plan- ning office, and other groups. The comments on the Eagle side of the plan are very minimal, and are only comment on as to how they would affect Pitkin County. Most of the emphasis has gone into the Pitkin County side. Mayor Standley asked why the Wilderness Workshop was recommending against dogs being allowed in wilderness areas. Ms. Caudill answered they chase deer, elk, ptarmigan, in the high country. Ms. Caudill said this was a prime feeling among wildlife people that dogs cause a lot of problems. Councilwoman Johnston said the Department of Wildlife felt someday they would have to make a division between where people could take dogs and where they could not. Mayor Standley said he was in favor of increased education and less enforcement Mayor Standley said on number 20 "~razing should continue on national forest lands" seems ' to be in conflict with the migration and calving areas. Ms. Caudill explained that grazin! by Congress, is a use in the wilderness area. Mayor Standley pointed out that there is no access to.the entire area abutting the lower Woody Creek area to the north. The entire area is posted, fenced and wired; one of the requirements on this plan should be some easements to this area - the Red Canyon area. This is a good cross country skiing area and camping area. Councilman Behrendt pointed out that the only access to Warren Lakes has been cut off because the wilderness workshop has designated as roadless. Ms. Caudill answered that only the top portion of the road is closed. The Forest Service is talking about buying Warren Lake, and wilderness work- shop does not want Warren Lake to become another Maroon Lake. Ms. Caudill asked that Council write the forest service and tell them that the City of Aspen endorses alternative H. The forest service took everyone's suggestions and worked them into alternative A through G. Alternative H was derived at by taking all the best points from the forest servlce's alternatives. The forest service is taking all the ~nput and putting it together into their own alternative with a draft environmental statement. Councilman Behrendt moved to give Council's full support to this alternative with the consideration of access for the lower valley area; seconded by Councilwoman Johnston. All in favor, motion carried. RESOLUTION ~15, SERIES OF 1976 Restaurant Extension into the Mall City Attorney Stuller stated this resolution would repeat the process as set out last year, the Mall Commission would do the initial review, and the City Council would award R~s. 15 the leases. The would assure an applicant that the same criteria would be applied by Restaurant both bodies. Extension into Mayor Standley stated he felt the final decision for restaurant extensions should stay Mall with the City Council. The ~all Commission should not have that authority because (1) people have no recourse to the Commission and (2) members of the mall commission do not necessarily have to live in the City. Councilman Behrendt agreed. City Manager Mahoney stated he was proposing to streamline the process by having the Mall Commission handle restaurant extensions. Councilwoman Johnston stated she felt this was the Council's responsibility. Mayor Standley objected Ho 2(d) of the Resolution, "must make ½ the gross receipts on the sale of food", stating this is almost impossible to monitor or enforce. It would be easiel to substitute that when restaurants are open, they must be serving food, the same menu they are serving inside the restaurant. Council agreed to this change. Councilman De Gregorio questioned 3(g), "limit use of the premise to the sale of food and alcholic beverages" asking if that meant restaurants could not have guitar players. City Attorney Stuller stated she thought this was directed to merchandising an this area. Councilman Behrendt moved to read Resolution ~15, Series of 1976; seconded by Councilman De Gregorio. All'in favor, motion carried. RESOLUTION al5 (Series of 1976) JOINT RESOLUTION OF CITY COUNCIL AND MALL COMMISSION OF TEE CITY OF ASPEN, COLORADO WHEREAS, the City Council by its Ordinance Number 8, Series of 1975, established the Aspen Mall Commission as a temporary comm!ssion, and enumerated certain powers and duties of the commission, and WHEREAS, Section 4(e) of said ordinance authorizes the commission: "(e) After review, to make recommendations to the City Council relative to construction, alteration, remodeling or other actions proposed by private persons where such proposals would require occupation of City rights-of-way for a period of time exceeding seventy-two (72) hours duration," and WHEREAS, the Mall Commission has promulgated criteria~for its review of extension applicants when proposals are made for expansion of restaurants and liquor licensed premises on the Aspen Pedestrian Mall, and WHEREAS, the Mall Commission and City Council have determined that efficiency and fairness in reviewing extension applications will be achieved if both bodies established identical basic criteria in their review, and if they announce and public the same in a joint resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND AMLL COMMISSION OF THE CITY OF ASPEN, COLORADO: 1. That all owners of restaurants and liquor licensed premises abutting the Aspen Pedestrian Mall (as it exists or may be modified or enlarged) shall be eligible for extension subject to compliance with the criteria enumerated below and approval of the Mall Commission 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 applicatants must: (a) Avoid establishing structural boundaries to define the extended restaurant area or liquor licensed premises, but in lieu thereof, define the limits of the extension with one or more of the following methonds: 1. Change in surface material 2. Moveable planters and objects 3. Any other non-permanent method that conforms to the design criteria established by the mall architects. Restaurant (b) Establish and extension area (i) not larger than one-shird Extensions (1/3) of the existing food service seating capacity of the business cont. extended, (ii) not wider than the mall frontage of the business extended, (iii) without creating an island, and (iv) extending not further than ten (10) feet from the property line; provided, however, applicants may extend up to twelve fee with the approval of the Aspen Fire Marshal. (c) Be open to the public at least seven (7) hours per day between the hours of 10 A.M. and 8 P.M., but in no event shall food and beverage service be extended beyond 10 P.M. (d) Make food available in the leased area during all business hours. (e) Design an extension (i) with furniture, fixtures, and planters boxes cons~sten~ (in the determination of the City Council, Planning Office, and Mall Commission) with the general design guidelines of the mall, (ii) and with all service facilities, bus ~rays, hot plates, water dispensing equipment and dish storage located indoors and not on City leased premises. (f) Agree to maintain and manage the extended premises twenty-four (24) hours per day. (g) Agree to (i) enter into a lease agreement with the City of Aspen for a term of not more than one year and pay a rental an advance equip to Three ($3.00) Dollars per square foot of rental area per year (which lease may be renewed for up to five additional one-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 insurace at the election of the City Council, (iii) limit the use of the premises to the sale of food and alcholic beverages, (iv) remove, at its expense, any structures constructed on the leased premises at the expiration of the lease period or in the event the City of Aspen shall determine to make ma2or 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 of ownership of the restaurant or liquor licensed premises. 3. That the City Council and Mall Commission reserve the right to withdraw permission to 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 was read by Mayor Standley Councilman De Gregorio moved to adopt R~'solution ~15, Series of 1976; seconded by Counci~ man Behrendt. All in favor, motion carried. SKI PASS FOR CITY EMPLOYEES Councilwoman Johnston moved that the City front end, with the same agreement as last Ski Pass year, money for the host ski pass to the City employees; seconded by Councilman De Gregor~o. City Employees Council considered funding the entire ski pass, but it was decided that $100 that is refunded by the ski corp at the end of the season is cleaner and easier. All in favor, motion carried. ORDINANCE #51, SERIES OF 1976 - Amending Section 13~87, Lost and Found Mayor Standley opened the public hearing. There were no comments. Mayor Standley Ord. 51 closed the public hearing. Lost & Found Councilman Behrendt moved to read Ordinance ~51, Series of 1976, seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 951 (Series of 1976) AN ORDINANCE AMENDING SECTION 13-87 OF THE ASPEN MUNICIPAL CODE SO AS TO PERMIT THOSE REPORTING LOST PROPERTY TO THE ASPEN POLICE DEPARTMENT TO RECOVER POSSESSION OF THE PROPERTY IF NOT CLAIMED BY THE OWNERS PRIOR TO PUBLIC SALE, OR WITHIN 60 DAYS OF REPORTING THE FIND, WHICHEVER FIRST OCCURS was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~ ?~51, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrend~, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #52, SERIES OF 1976 - Police Pension Fund Ord. 52 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Police the public hearing. Pension Councilman Behrendt moved to read Ordinance ~52, Series of 1976; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 452 (Series of 1976) AN AMENDMENT TO SECTION 2-4-17(c) OF THE CITY OF ASPEN POLICE RETIREMENT PLAN WHICH WILL PERMIT TERMINATING POLICE OFFICERS TO RECEIVE A REFUND OF THEIR CONTRIBUTIONS TO THE FUND IN A LUMP SUM OR INSTALLMENT PAYMENTS was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~52, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote, Councilmembers De Gregorlo, aye; Johnston, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Bus Lease. Finance D~rector Lois Butterbaugh submitted a lease between Elgin and the City of Aspen for six bluebird buses. The City's cost per bus is $33,589; the remain- Lease for ing amount is the interest accrued in the lease. Ms. Butterbaugh explained she wanted Bluebird Council's approval, so that the City could act quickly. The City is trying to negotiate buses a lower interest rate. Councilman Behrendt moved to approve the agreement with the stipuplation that Ms. Butter- baugh try to negotiate a lower interest; seconded by Councilwoman Johnston. All in favor, motion carried. 2. Scheduling study session. The last two budget hearings will be October 13 and 14. The Council will set the date for the public hearing on'the budget after that. At the October 12th Council meeting, a study session on the zoning of the City of Aspen will be set. VENDING CONTRACT - Ed Weiss/Pretzels Bruce .Gordon, ~epresenting Weiss, told Council that the Mall Commission had recommended Vending - that this contract as written not be approved. Gordon stated that Weiss only intended Pretzels to sell pretzels, and that the Mall Commission was worried about the trash from nuts. Gordon stated Weiss was asking for a one year contract and would put a limit on the number of carts to be constructed at six. The Health Inspector had asked for two things, both of these are satisfied. The Mountain Chalet will be the storage space for the carts, and Incredible Edibles will be the storage space for the pretzels. Rich Perez, owner of R. Pea's, opposed the vending operation from the point of view of the number of food operations in town. These people pay large rents to operate 12 months a year. Vending would infringe upon other operations. Councilwoman Johnston asked if Weiss planned to confine his operation to the mall. Weiss said he would like to vend on other streets also. Councilwoman Johnston said she would have problems with more than one cart Health Inspector Dunlop told Council he had been over the operation with Weiss and Weiss could be licensed as a food service establishment. Councilman De Gregorio pointed out the traffic problems if Weiss were allowed to vend in other places than the mall. Councilwoman Johnston stated Weiss would not be competing with any other business by just selling pretzels. Councilwoman Johnston said she felt a pretzel pushcart in the town would be a nice experience. Councilwoman Johnston moved to instruct City Attorney Stuller to see if the City could work out an agreemen~ to allow one pretzel wagon with the conditions stipulated from ~he health inspector and come to terms for the payment to be made ro the City for this privilege on the mall only. Motion died for lack of a second. Councilman De Gregorio moved to not approve authorization of a pretzel pushcart in the city. Motion died for lack of a second. Mayor Standley suggested that Weiss go back and talk to the mall commission and get their recommendation of support. HOAG SUBDIVISION - ACCESS EASEMENT City Attorney Stuller told Council she had requested an amendment to the BLM easement, Easement which is being considered. Ms. Stuller had submitted a proposed draft of the access Hoag easement to Council and the potential buyers. Counsel for the buyer requested several Subdivision amendments; (1) the easement to cover any renewal of the BLM license the City ha~(2) all conditions in the easement deleted that refer to it becoming effective only on ~ a~??roval and (3) to be obligated only to .the BLM standards of maintaining the road and not tlle City's. City AttorneY Stuller told Council her preference would be the was ~h~ easement agreement was drafted. Mayor Standley pointed out this road already existed, and all the City was doing was granting an easement so that these people would have access to their property and could get financing. Councilman Parry stated he would rather stick with BLM standards because City standards for roads raquire a 60 foot right-of-way. Bob Starodoj stated the original easement was for a trail for the city. 2090 Regular Meeting Aspen City Council September 27, 1976 Mayor Standley said the City did not want to accept the road and then have to maintain it. City Attorney Stuller said she did not have any problems postponlng execution until the BLM amendment comes through. The major issue is whether the City should carry throuc any renewals with BLM. Ms. Stuller suggested it was not appropriate if the City were to- buy the tract. The BLM lease is for a period of 25 years. Mayor Standley suggested that the City try and acquire this from the BLM and then give a lease for the easement. The City could then agree to provide access to the property. Councilman Behrendt moved to give Mayor Standley permission to exercise this on behalf of the City as discussed; seconded by Councilwoman Johnston. All in favor, motion carrl~ ORDINANCE ~54, SERIES OF 1976 Liquor License Occupation Tax Councilman De Gregorio moved to read Ordinance ~54, Series of 1976; seconded by Council- woman Johnston. All in favor, motion carried. Ord. 54 Liquor ORDINANCE 954 License fees (Ssries of 1976) AN ORDINANCE AMENDING SECTION 4-2 OF THE ASPEN MUNICIPAL CODE SO AS TO INCLUDE WITHIN THE CATEGORY OF CLASS "A" LIQUOR OPERATORS THOSE OPERATING TAVERNS, IN ADDITION TO HOTEL/RESTAURANT LICENSES was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~54, Series of 1976, on first reading; seconded by Councilman De Gregorio. Roll Call vote; Councilmembers Parry, aye; Johnston aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilman Behrendt moved to adjourn at 8:35 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn~. Hauter ~ City Clerk