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HomeMy WebLinkAboutminutes.council.19760510 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley opened the joint meeting at 5:10 p.m. Cormmissioners Shellman, Edwards, and Kinsley, Councilmembers Behrendt, De Gregorio, Parry, Johnston, and Pedersen, were present. RESOLUTION COMMENDING WILLARD CLAPPER Councilman De Gregorio moved to read the joint resolution; seconded by Councilwoman Commendation Johnston. All in favor, motion carried. for Witlard Clapper JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN AND BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO WHEREAS, WILLARD CLAPPER has been a member of the Aspen Volunteer Fire Department, City of Aspen, County of Pitkin, Colorado, since October 1, 1958, and WHEREAS, during his tenure with the Aspen Volunteer Fire Department WILLARD CLAPPER has served the community as a volunteer fireman, as the Assistant Chief for a period of two years, and as Chief since January 8, 1969, and WHEREAS WILLARD CLAPPER has dedicated himself to the field of fire suppression and prevention and is responsible for many new and useful ideas that are now a valuable part of the Aspen Volunteer Fire Department's operating procedures, and WHEREAS, WILLARD CLAPPER is also responsible for obtaining the best fire fighting equipment available to serve the community of Aspen, Colorado, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO: That WILLARD CLAPPER be and hereby is commended for his many con- tributions to both the community of Aspen and the Aspen Volunteer Fire Department and for his unselfish dedication to the ~mplementation of many valuable and new ideas pertaining to the operations of the Aspen Volunteer Fire Department. BE IT FURTHER RESOLVED, that this commendation be made a matter of public record and that a copy hereof be forwarded to WILLARD CLAPPER upon its adoption. Councilwoman Pedersen moved to adopt the joint resolution; seconded by Councilman De Gregorio. All in favor, motion carried. ANIMAL CONTROL PRESENTATION Art Hougland, Assistant to City Manager, told Council this presentation was in response to the Commissioners and Council request for bettter public education program and a Animal desire for more wildlife control. Hougland told Council and the Commissioners that he Control had asked the firm of Ashley-Moore to make a presentation on a public relations program. presentatiol Ashley-Moore played a tape that would be used for radio advertising purposes and passed out samples of suggestions for newspaper advertising. Ashley explained they planned a twelve week intensive campaign on the radio, six weeks in the spring and slx weeks in the fall. The newspaper campaign would consist of both advertisements and information in the form of new releases. Ashley-Moore told Council and the Commissioners they estimated this program would cost $5,000 for the advertising and also for brochures to be put in condominiums, lodges, public places. Mayor Standley asked if such an intensive program was needed; Hougland answered he felt that public education was needed as there are many m~sconceptions on animal control. Hougland said he had been going to the schools and speaking there. Commissioner Shellman said he and Kinsley had started this idea. Shellman said he felt the animal control budget would grow and grow unless the City and County made an attempt at prevention. Hougland said there was an animal control advisory committee consisting of Lou Albright, John Schmidt, Lou D'equine, Allan Whitaker, Bill Grikis, and himself. The committee agrees education is necessary but does not preclude enforcement also. Hougland showed a brochure that he could make up in conjunction with the kennel club and Division of Wildlife regarding leash laws, etc. Hougland also said he envisioned a newspaper campaign using a cartoon type theme to deal with specific problems. Hougland tolc Council and Commissioners that if the public education program were done in house the total budget for the remainder of the year would be a couple hundred dollars. Michael Kinsley said he felt Hougland's program was excellent; the City and County should go with an in-house program. The $5,000 for private program would be an on-going budget item. Commissioner Shellman moved to ask Art Hougland to proceed with his program forthwith; seconded by Councilman De Gregorio. All in favor, motion carried. Commissioner Shellman moved to ask Hougland to develop a budget not to exceed $2500 for an integrated media presentation of the material shown tonight and the money be an increment to the dog budget and the City and County share the expense; seconded by Councilwoman Pedersen. Commissioner Edwards suggested that Ashley-Moore be paid for the work they have done to date, and let Hougland and Grikis run with their program for six months or so. If there is still a lack of communication to the public, then maybe some heavy PR people should be brought in. Mayor Standley agreed but felt that the problem was not of a magnitude' to require $2500 on top of a $60,000 budget. Shellman and Councilman De Gregorio for the motion; Edwards, Kinsley, Councilmembers Pedersen, Parry, Johnston, Behrendt, Mayor Standley against. Motion NOT carried. Councilman De Gregorio asked if data could be kept so that in six months the effective- ness of this program could be gauged. Councilwoman Pedersen, Mayor Standley, and Michael Kinsley were appointed a dog committe~ to study the kennels. TRANSPORTATION This item was referred to a study session. HOUSING - RANDALL CONTRACT Brian Goodheim, Housing Officer, had submitted memoranda in the packet deal with the Housing - Randall land and the surveys on the Silverking project. Fritz Benedict had submitted Randall a proposal for the architectural work for the project. Goodheim asked Council and the Commissioners to authorize their representatives to sign the contract for the Randall property. Mayor Standley pointed out that this contract does not obligate the City to anything since the City is not part of the housing authority. Commissioners Edwards said this project was done under the auspices of the housing authority because there are several kinds of long term financing available. Edwards said the City can be included either be joining the housing authority, if so inclined, or be a separate, side agreement ~o help finance the project. Edwards said it is beneficial to both the City and County to get something off the ground. Mayor Standley stated he did not like the Randall project because (1) of the density requirement and (2) he did not feel this meets the needs in the community in terms of price. These are $38,000 units. Goodheim pointed out that purchasing Randall for $160,000 represents tax benefits to the seller for sale under threat of condemnation. This is an important reason for naming the City party to this contract. The only fixed item right now is the purchase price. If the number of units are increased, the price per u~it goes down. Goodheim stated that the $1,000 is worth buying the City and County 30 days to study this project. Shellman stated he felt the project would be sold out if the City and County build it. Councilman De Gregorio said he had no reservations about spending Sl,000 to tie up the land. Councilman De Gregorio moved that the City sign the contract purchase agreement as draft~ ; seconded by Councilman Parry. Mayor Standley, Councilmembers Behrendt, Johnston against Councilmembers Pedersen, De Gregorio, Parry in favor. Motion NOT carried. Commissioner Edwards moved that the County proceed with this project; seconded by Commissioner Shellman. All in favor, motion carried. COURTHOUSE PLAZA County Engineer George Ochs told Council and the Commissioners that it was proposed Courthouse that around the Courthouse an expansion of the front lawn be considered. ©chs had Plaza prepared a plan for a 12 foot extension; this plan has received approval from the State Highway Department. Ochs was bringing this to Council for the City's approval and for an excavation permit. This plan basically makes the Courthouse more aesthetically appealing and bans cars from parking in front of the Courthouse. Councilman De Gregorio said he felt that quick parking in front of the Courthouse was important. Mayor Standley said the City's engineer felt this should only be an 8 foot extension° Ochs said the RBH project just east of the Courthouse may be interested in the same modification. This extension removes parking but does not affect the traffic; there will be four traffic lanes. Mayor Standley said he had asked the State Highway Department to landscape by putting median planter strips down Main street. Mayor Standl~ said he would prefer to do that; it would be aesthetically more attractive. Councilwoman Pedersen moved that the City approve the plan subject to the concerns of the engineering and planning office; seconded by Councilwoman Johnston. Councilmembers De Gregorio and Parry opposed; Mayor Standley, Councilmembers Pedersen, Johnston, Behrendt in favor. Motion carried. COUNCIL MEETING Mayor Standley called the meeting to order a~ 6:27 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, City Attorney Stuller, City Manager Mahoney present. MINUTES Councilman De Gregorio moved to approve the minutes from the April 12 and 26, 1976, Council meetings; seconded by Councilwoman Johnston. All in favor, motion carried. ACCOUNTS PAYABLE Mayor Standley asked what the monthly payroll was. Finance Director Butterbaugh said it fluctuates between $120,000 and $240,000. Councilman De Gregorio moved to approve the accounts payable for April; seconded by Councilwoman Pedersen. All in favor, mo'tion carried. CITIZEN PARTICIPATION 1. Leonard Oates, Riverside Drive, told Council that approximately two years ago the RiverSide Dz City had torn up the paving to inStall a water line. This has never been repaired paving satisfactorily. A private contractor or developer must put up a bond, and repair the street to its original condition. Temporary repairs have been affected from time to time. Oates said he felt this job ought to be fixed. City Manager Mah0ney said he would address this in the next two weeks. 2. Gail Weinberg-Franta, representing the ROaring Fork Resource Center, told Council about the third annual Energy symposium to be held at the Aspen Institute May 23 - 30. Ms. Frant Energy requested that the City support the conference and send interested employees. The build- symposium ing, engineering, and planning departments should be afforded the opportunity to go. If you register prior to May 15, you can attend for $25. Councilwoman Pedersen moved to endorse the fOrum and to direct the City Manager to allow interested employees to go with their tuition being paid through educational allowance; seconded by Councilman De Gregorio. This also include Councilmembers. All in favor, motion carried. 3. Sidney Bingham, representing the Pitkin County Council on aging, told Council that the President had proclaimed the month of May older Americans month. This coming Thursday. RSVP May 13, RSVP is having its annual recognition banquet in Glenw0od Springs. Bingham proposed that the City of Aspen proclaim May 13 as RSVP day. Councilman De Gregorio moved to support this proclamation; seconded by Councilwoman Pedersen. All in favor, motion carried. COUNCILMEMBER CO~MENTS 1. Councilman De Gregorio brought up parking stickers for people in the central core area to be able to park overnight. Councilmembers Johnston, Pedersen, Behrendt were not Parking interested; Mayor Standley, Councilmembers De Gregorio and Parry were interested. stickers in Councilman De Gregorio asked that the City Manager put this on the agenda for the next central meeting with background on what the problems are and how to deal with them. core 2. Councilwoman Johnston suggested a policy of not bringing items up again and again at least until there is a full Council. Mayor Standley said this was covered but only for ordinances. 3. Councilwoman Johnston had handed out correspondence between Mahoney and Michael Gassman about bicycle trails. CouncilWoman Johnston said she felt there is a real point Bicycle in Gassman's letters, and she is very much interested in encouraging people to ride their trails bicycles. City Manager Mahoney said the City had cleaned the trail up to Mountain Valley and will do the one to Snowbunny. 4. Councilman Behrendt thanked the City departments for having a much cleaner City. 5. Councilman Parry asked if the ditch in Meadowood had been finished. City Manager Mahoney said that Pete Luhn had been up at the ditch this afternoon. 6. Mayor Standley brought up a letter from the HPC regarding fire zone 1 being too Fire zone restrictive and causing a change in the types of buildings in the downtown area. City . 1 Attorney Stuller said she was working on an ordinance to address this to be read at the . next Council meeting. 7. Mayor Standley had a letter frOm Mason & Morse regarding Ordinance #13 and asked City Manager Mahoney and the planning office to prepare a response to the letter. 8. Mayor Standley said he would like to add an item to the agenda under City Attorney regarding termination of mall proceedings. Councilman Behrendt moved to add termination of mall proceedings to the agenda; seconded by Councilman De Gregorio. All in favor, motion carried~ STUDENT COMMENTS There were no comments ASPEN CENTER FOR ENVIRONMENTAL STUDIES Gift of PIF Mayor Standley reminded CounCil this was discussed at the last meeting. The Council for Aspen did not want to make a gift of the PIF, but was willing to make a donation to ACES. Center for The question of whether to tie this donation to annexation had also been discussed. City Environment Attorney Stuller pointed out the language in annexation proceedings had to do with Studies urbanization. The definition of urbanization in the code refers to construction improve- ments. The Council had to figure out how to get the PIF paid, but not establish a precedent. Finance Director Butterbaugh said included in an appropriation ordinance was a $1200 contribution to ACES from Council's budget. The City will issue a check to ACES with the understanding that they will pay their PIF. Councilman Behrendt moved to deny the request for waiving a PIF; seconded by Councilwoman Johnston. All in favor, motion carried. -Councilman Behrendt moved to invite Mrs. Paepcke to petition for annexation; seconded by Councilwoman Johnston. All in favor, with the exception of Councilwoman Pedersen. Motion carried. ASPEN COMMUNITY SCHOOL - Special Event Permit and Request to use Rio Grande Property City Attorney Stuller pointed out that beside a special event permit, the City Manager Special Event has to issue a permit for consumption of beer on City property, limited to 48 hours, with permit steps taken for policing, maintenance, and clean up. Aspen Community Councilwoman Pedersen moved to approve the special event permit for 3.2 beer to the Aspen School Community School; seconded by Councilman Behrendt. Councilman De Gregorio said that last year there was trouble with people carrying beer away and juveniles drinking. People with special event permits don't treat them as properly as they should, and the City does not have much recourse once it is over. Councilman De Gregorio felt the City should put stricter controls on special event permits. Everyone in favor, with the exception of Councilman De Gregorlo. Motion carried. COOPER STREET LOFTS - Final Subdivision Approval Hal Clark, planning office, told Council this is a request for final subdivision approval by Interwest Realty who holds an option to purchase lots R and S, block 69, to Cooper Street construct six studio units. The property is zoned R/MF on 6,000 square feet with 1,000 Lofts - final square feet per unit. This is the density request by the applicant. The P & Z approved subdivision preliminary plat on April 21 subject to certain restrictions by the engineering depart- ment. Clark told Council that last week an item came up that revolves around the six month rental restriction to be placed as a condition upon final approval. It is the position of the planning office that this restriction is an essential tool in controlling the use of a building. Property zoned R/FLF calls for intensive long term housing. If the six month condition is not placed upon property, there would be available short term rentals. The planning office recommends approval of the plat with the limitation of six month rentals. Bill Kane, City/County planner, told Council that the recommendation was drawn from the intention of the R/MF zone, "To provide for the use of land for intensive long-term resi- dential purposes". Kane reminded Council that in April 1975, placing rental restrictions on the entire City was discussed; it was felt that in many existing areas this would be a prohibitive restriction. Kane stated that in new development in residential areas, the planning office is trying to preserve long-term rentals through subdivision agreement~ Right down the line the planning office has asked for this restriction. Kane told Counci~ that Clark had told the applicant at preliminary stage that this condition would be required. Kane said the planning office felt this was a very important condition, and the only distinction between R/MF and the Lodge zone. Councilwoman Johnston agreed, and pointed out that in this situation some employee housing is being removed by this project Councilman Behrendt moved to approve final subdivision subject to the planning department requests and the comments of the City Engineer; seconded by Councilwoman Pedersen. Leonard Oates, representing Interwest Realty, told Council they were taking the position that the imposition by the Council that Interwest enter into this contract to six month housing would be illegal and is contract zoning. Oates called to Council's attention the legislative history with respect to limitation on rentals from the standpoint of minimum terms. This was discussed by Council and was rejected. This six month limitation is merely an attempt to bring the limitation back in through administrative process. Oates stated the ordinance was clear on its face and should not have something else written int( it, some sort of administrative fiat. Oates told Council that is was likely that his client would sell the property to the next door owner. The applicant feels that the City would be responsible for the loss of money if the condition is imposed upon the applicant. Oates stated the subdivision is fully in compliance with the zoning and subdivision regu- lations. Oates said he had read the minutes from the P & Z meeting, and they did not make it a condition of their approval. Clark stated the actual P & Z motion only included the comments of the city engineer, and he thought it would be appropriate for the P & Z to reconsider this matter if there is some question. Mayor Standley said that the R/MF district is and always has been intended for long-term housing. City Attorney Stuller said she basically had to endorse Oates' approach. Ms. Stuller pointed out that, to date, the only technique the City has adopted for pre- determining the use of buildings is in the configuration of the dwelling units. There is a distinction in the code between lodge and dwelling units. One may not have kitchens Ms. Stuller pointed out that the City Council, when asked specifically by the planning office to incorporate in the zoning code limitations in terms of length of rental, refused to do it. Ms. Stuller said she could support the theory that this area is designed to be long term rental area, but configuration of the dwelling units is the only technique adopted for achieving that end. The six month rental limitation has to this point been voluntary. Ms. Stuller stated that given the history of the Council's action in the past, requiring this as a condition for approval is unwarranted. Mayor Standley suggested that Council table this because of his concerns with the intent of the applicant to develop and manage the property consistent with the R/MF zone. John Ginn told Council he felt he had made a conscience effort to try to provide employee housing. Oates said the subdivision regulations are clear on the face of what has to be presented from the standpoint of a physical development. No affidavit with respect to intention of use is required. Oates pointed out that the was the code was written at thi point in time, there is no requirement that rentals be limited. Councilman Behrendt made a substitute motion that final approval be tabled at this time; seconded by Councilman De Gregorio. All in favor, motion carried. TAILINGS APARTMENTS - Conceptual Subdivision Tailings apartments Hal Clark told the Council this is an application for conceptual approval for the Tail- Conceputal ings apartments, located at the ~op of Park Circle drive. The property is zoned R/MF subdivision on 16,837 square feet and consists of four one-bedroom units; five two-bedroom units of 1,000 square feet and one two-bedroom units of 2100 square feet. The project is non- conforming as it needs 17,600 square feet of land. Clark told Council that the zoning requires 16 parking spaces; the applicant only has 15. The planning office feels this is a reasonable variance in parking. In order to crea~e another parking space, they would have to take out garden area or part of a hill. Clark had inspected the site and found the building to be in good condition. The specific concerns of sidewalk, drainage, etc. will be looked at during preliminary plat stage. The P & Z recommended approval at their May 4 meeting. The planning office recommend approval conditioned upon the comments of the city engineer. The planning offic is concerned about the effect of possibly reducing the pool of rental housing in the community. Mr. Worman, the application, told Council that the existing units will be sold to the tenants, who have all been living there at least three years. The general price range is $30,000 for a one-bedroom; $60,000 for a two-bedroom. Mr. Worman said he was in agreement with the six month rental restriction, but the area the Taillngs is located in will not end up in the lodge business. Councilman Behrendt moved to approved conceptual subdivision pending satisfaction of the planning and engineering department's comments; seconded by Councilman Parry. All in favor, motion carried. REQUEST FOR ENCROACHMENT - 210 Cooper Paul Anderson, president of the 210 Cooper Association, told Council they had received Enc~oachmen~ a letter from the city engineer asking for an easement on the northeast corner of the 210 Coopert property to place a transformer to underground the electricity. Anderson told Council the area requested for the transformer is where 210 Cooper piles its snow ~n the winter. In a survey, it looks like 210 Cooper in encroaching upon City property about 1 to 3% feet on Aspen street. Anderson stated that 210 Cooper would grant the City's easement with a trade off for an encroachment agreement. City Attorney Stuller outlined the three conditions of an encroachment agreement (1) it may be withdrawn (2) the landowner is responsible for maintaining the area and (3) if at all dangerous, the City must be insured. Councilman Behrendt moved to grant the encroachment; seconded by Councilman De Gregorio. All in favor, Councilwoman Johnston abstained. Motion carried. ACAPULCO GOLD - Application for a three-way liquor license Mayor Standley opened the public hearing. The city clerk reported the posting and publi- cation were in order. The applicants are missing a lease. Acapulco Gold Ralph Brendes represented Acapulco Gold, a Colorado corporation consisting of two stock- 3-way liquor holders. Brendes explained that Acapulco Gold has a lease that runs until September 1976 license with a letter from the landlord to expand it for three years. Acapulco Gold has not been able to negotiate and firm up the lease. Brendes asked that approval be conditioned upon a signed lease. Ms. Stuller pointed out there was also a problem w~th the Health Department and suggested that the City no~ process the application to the State until the file is complete. Tom Dunlop, Health Officer, told Council he had conducted an inspection and listed quite a few violations of different types. Acapulco Gold had sent Dunlop a letter of compliance and a schedule. Dunlop had re-inspected Acapulco Gold this morning; they are in the process of complying. Dunlop told Council that Acapulco Gold is closed to the public and will not re-open until June. Dunlop stated he would re-inspect the premises before Acapulco Gold was ready to start serving to see that they have complied with his inspectic sheet. Dennis McElroy told Council that he and Bo Cote agreed with Dunlop and were work- ing to correct the problems. Brendes submitted a letter from the landlord, Arthur Hyde, stating he would be willing to extend the lease. Brendes also submitted a petition signed by 389 people, and a petition from the neighboring businesses. Brendes submitted for the record charts and graphs which demonstrated the population growth in Pitkin County, sales tax revenues, skier visits, etc. are all up. Dennis McElroy and Brownlee Cote both spoke to Council about their background in Aspen and the operation of Acapulco Gold for the last year. Brendes told Council that when he first came to Council, he felt one way to approach the liquor license problem was to grant a beer and wine license for a trial period. This gives Council a chance to see how the restaurant does. Acapulco Gold maintained a high quality restaurant at prices people can afford. Brendes pointed out there are no l~nch and dinner operation on Durant street. Brendes stated he had shown the desires of the inhabitants and the needs of the community with petitions, and had demonstrated the growth in detailed indicators, and had established the character of the applicants. Brendes requested the Council to grant the application contingent on a lease for the term of the license and approval of the health inspector. There were no other comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to forward a recommendation of approval to the Colorado Depar~ ment of Revenue conditioned upon receiving a certificate of compliance from the Depart- ment of Health and receipt of executed lease for the premises for a period contiguous with the license granted; seconded by Councilman Behrendt. Councilwoman Johnston amended the motion to include that the applicant had established that the needs of the neighbor- hood had no~ been satisfied, and the applicant established to be of good character. All in favor, motion carried. FOURTH OF JULY HORSE RACE City Manager Mahoney told Council that last year a horse race was run on the Fourth of Horse Race July at the golf course. It was the first one produced on City property and had drawn Fourth of a big crowd. Mahoney said he felt there was interest in the community to have a horse July race on the Fourth of July. Mahoney said he had been looking at City and County propert} to hold this horse race and the golf course if the only place to accommodate the number of people. Mahoney said he would like to have better police, marshalling and clean up. Mahoney told Council he had asked the Rotary Club to help with this. Doug McCoy told Council they had looked at racing north of the fence and south of the fence. Last year the race was too close to the golf course, and some people actually rode on the course. This year, McCoy would like to move the race over to parallel the bike trail that runs east and west. This could be done utilizing 100 yards of open field between the race track and the service road. Mayor Standley pointed out that the tees and greens could be protected by putting snow fence around them. Mayor Standley told McCoy to work with Ted Armstrong on protecting the golf course. Councilwoman Johnston said this was a great idea, but she is worried about children, people and dogs getting in the way. City Manager Mahoney said they would make sure there is adequate protection out there and that there is some type of insurance to cover the City. McCoy told Council that last year he had worked out a one day insurance policy to cover the City. Councilman Behrendt moved to approve the Fourth of July horse race, stipulating that the City is insured ~o the City Attorney's satisfaction and that the entire event will be supervised by the City Manager and his departmeht heads, and that Ted Armstrong's conceri for the golf course are covered; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE #19, SERIES OF 1976 City Attorney Stuller told Council there were some changes in the ordinance. The Ord. 19,1976 mechanics of actually signing the bonds were changed so that the Mayor does not have to electric sign them manually. Ms. Stuller stated that the opening paragraph on page 3 exempts undergrounding these bonds from the debt limitation because they are acquisition or extenion of a bonds utilities. Ms. Stuller pointed out that undergrounding electricity was neither. The bonding attorney authorized Ms. Stuller to delete this paragraph. The City is nowhere near its debt limitation. Councilwoman Pedersen moved to read Ordinance ~19, Series of 1976; seconded by Councilma~ Behrendt. All in favor, motion carried. ORDINANCE #19 (Series of 1976) AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ASPEN, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATIONS BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $750,000, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL ELECTRIC UTILITY SYSTEM OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, PROVIDING OTHER DETAILS IN CONNECTION THEREWITH, AND DECLARING AN EMERGENCY was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #19, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carrie¢ CITY MANAGER 1. Acquisition of Sinclair Property. City Manager Mahoney told Council he had contacte¢ Kit Mason, who is representing the owner of the property. Mason said the owner is Sinclair interested in dealing with the City but has to recognize that he had a tenant. Mason was going to talk to the owner, and Mahoney will continue to pursue negotiations, property 2. Transportation.~ This.is a request for a study session to discuss the City's acquisitJ Dn of new equipment. The study session was set for Thursday, May 13, at 5:00 p.m. 3. Si Johnson Flume. City Manager Mahoney told Council he had the City'~ water attorne Si Johnson working on this project. There are important water rights to the City in this ditch, flume & bike 5.5 cfso Last week the Commissioners and Council walked the area of Meadowood through the water plant. Trails were discussed; a trail from the Music School to the City of path Aspen is appropriate and would provide transporation for bicyclers. The County indicated that if the City would take care of the water flume area, the would look into doing the remainder of the trail. The recommendation is that the City protect thelr water rights by building a flume on the Johnson ditch. Mahoney and the engineer taped the proposed flume and a rough estimate of the work is $40,000. Mahoney said the additional cost to make it a bicycle path would be approximately $1,000. Councilman Behrendt asked if the City had the County's agreement that they would do the rest of the trail. Councilwoman Johnston stated the County would probably do their work ahead of the City. City Engineer Dave Ellis told Council that there was no way, with his present manpower, his department could do the project this summer. Ellis said to make this trail correct, there has to be some serious engineering done on it. Mayor Standley asked Ellis if the County agreed to do the engineering, would he have time to review it to make sure it meets his standards. Ellis said yes. Councilman Behrendt moved to make an appropriation out of sixth penny exclusively for this trail, contingent upon the county providing engineering if they want to have the trail done this year with City Engineer Ellis having review and veto power over it; seconded by Councilwoman Pedersen. Council instructed City Attorney Stuller to draft a trail easement conveying use of the top of the bike path to the County. Councilwoman Pedersen told Council that the land owner has agreed to give some land to the County for trail use. Engineer Ellis pointed out that other people or organizations with water rights on that ditch will benefit from this trail. All in favor, motion carried. 4. Electric Rate Increase. Mahoney told Council the City had sent Urban Economist Harold Stalf to Washington to a rate seminor. There has been a 40 per cent increase in Electric wholesale electric rates. Mahoney said if the City delayed passing these costs along, rate it would cost the City about $20,000 a month. Mahoney said he felt there was an emergency increase in bring the electricity rates to Council, and he should have a proposal ready by the firs meeting in June. TERMINATION OF MALL PROCEEDINGS City Attorney Stuller told Council the question is what theory the Council is working under in terms of mall proceedings. There are several options. If the City is not Termination interested in reconsidering the extension of the mall after the February 16th puklic of mall hearing, it would be advisable to terminate the proceedings now. This would make the proceedings record clearer for proceedings in the future. There are two time limitations in the mall act. An ordinance closing the streets must be read within 180 days from the public hearing, February 16. If a majority of the owners on the front of the proposed mall object then the question of the street closure is submitted to an electorate. If the majority of the electorate vote against the mall, the the Council shall terminate proceedings and cannot commence closure for a full year from the date of the election. Ms. Stuller pointed out that the election held by the City on street closure was a voluntary election, so that the second time limitation does not exactly cover the City. Councilman Behrendt moved to terminate the mall proceedings; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~20, SERIES of 1976 - Bonding for the mall Mayor Standley reminded Council this ordinance, authorizing the sale of bonds for the Ord.20,1976 mall, was discussed at the last meeting. City Attorney Stuller told Council this is an bonding for emergency ordinance and is no~ subject to referendum. mall Councilwoman Pedersen moved to read Ordinance ~20, Series of 1976; seconded by Council- woman Johnston. All in favor, motion carried. ORDINANCE ~20 (Series of 1976) AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALES TAX REVENUE BONDS, SERIES JUNE 1, 1976, OF THE CITY OF ASPEN, COLORADO, IN THE AGGREGATE PRINCIPAL AMOUNT OF $850,000, FOR THE PURPOSE OF PROVIDING FUNDS WITH WHICH TO MAKE CERTAIN CAPITAL IMPROVEMENTS AND CAPITAL EXPENDITURES FOR IMPROVEMENT OF THE EXISTING DOWNTOWN AREA MALL IN THE CITY OF ASPEN; PRESCRIBING THE FORM OF SAID BONDS AND INTEREST COUPONS; PROVIDING FOR THE PAYMENT OF THE PRINCIPLA OF AND INTEREST ON SAID BONDS FROM THE REVENUES OF THE ONE PER CENT MUNICIPAL SALES TAX ESTABLISHED, AUTHORIZED AND IMPOSED PURSUANT TO ORDINANCE NO. 15A, SERIES OF 1972, AND APPROVED AT A SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1972, AND FROM CERTAIN OTHER LIMITED SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH, PROVIDING FOR THE USE, DISPOSITION AND HANDLING OF THE PROCEEDS OF SAID BONDS AND SAID SALES TAX REVENUES, INCLUDING THE CREATION OF CERTAIN FUNDS AND ACCOUNTS; AND DECLARING AN EMERGENCY was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~20, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers, Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~21, SERIES OF 1976 - Building Code Changes 0rd.21,1976 Councilwoman Pedersen moved to read Ordinance #21, Series of 1976; seconded by Councilman building De Gregorio. All in favor, motion carried. code ~ changes ORDINANCE ~21 (Series of 1976) AN ORDINANCE AMENDING EXCEPTION NO. 2 OF SECTION 1706(a) OF THE UNIFORM BUILDING CODE SUCH AS TO DELETE THE EXCEPTION FOR ENCLOSURES FOR ESCALATORS AND SUBSTITUTE A PROVISION ELIMINATING, IN F AND G OCCUPANCIES EQUIPPED WITH AUTOMATIC FIRE EXTINGUISHING SYSTEMS THROUGHOUT, THE REQUIREMENT OF ENCLOSURES FOR OPENINGS WHICH SERVE TWO ADJACENT FLOORS WHICH ARE NOT CONCEALED WITHIN THE BUILDING CONSTRUCTION, PROVIDED AT EACH FLOOR A DRAFT CURTAIN AND AUTOMATIC FIRE SPRINKLERS ARE INSTALLED AROUND THE PERIMETER OF THE OPENING AND WITHIN TWO FEET OF THE DRAFT CURTAIN was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #21, Seri~s of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers De Gregorio, aye; Johnston e- P rr , a e' d r n a e- B re dt aye; Standley, aye. Motion carried. ~u~cl~ma~ Be~r~n~ ~e~ ~ou~cil ~a~er~. Mayor ORDINANCE ~22, SERIES of 1976 Councilman De Gregorio moved to read Ordinance #22, Series of 1976; seconded by Council- 0rd.22,1976 woman Johnston. All in favor, motion carried. Appropriating ORDINANCE #22 Water (Series of 1976) reserves AN ORDINANCE APPROPRIATING UNAPPROPRIATED WATER RESERVES OF $5,150.00 TO PAY THE BOND INTEREST FOR WATER BOND REFUNDING AND $2,500.00 FOR ROAD BASE FOR THE GALENA WATER MAIN was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #22, Series of 1976, on first reading; seconded by Councilman Parry. Roll calte vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. ORDINANCE #23, SERIES OF 1976 Councilwoman Pedersen moved to read Ordinance 923, Series of 1976; seconded by Council- Ord.23,1976 woman Johnston. All in favor, motion carried. Electric Undergrounding ORDINANCE #23 (Series of 1976) AN ORDINANCE APPROPRIATING S50,000.00 FROM THE PROCEEDS OF THE 1976 GENERAL OBLIGATION ELECTRICAL BOND TO THE ELECTRICAL UNDERGROUNDING PROGRAM was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance 923, Series of 1976, on firs~ reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~24, SERIES OF 1976 Councilwoman Johnston moved to read Ordinance #24, Series of 1976; seconded by Council- 0rd.24,1976 woman Pedersen. All in favor, motion carried. Appropriating Dedication ORDINANCE #24 fees (Series of 1976) ~ AN ORDINANCE RECOGNIZING ADDITIONAL PARK DEDICATION FEES TOTALING I $28,137.00 AND APPROPRIATING FROM THE DEDICATION FEE FUND A TOTAL OF $35,020.00 FOR THE WAGNER PARK UPGRADING, THE ISELIN PARK UP- ~ GRADING, AND IMPROVEMENTS TO THE GOLF COURSE PARKING LOT was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~24, Series of 1976, on first reading; seconded by Councilwoman Johnston. Councilman De Gregorio asked what the upgrading to Iselin Park was. City Manager Mahoney answered that the City was laying a new water system and sodding the back part west part of the field. Mayor Standley pointed out that Wagner Park was ~noperative, and the new field at the golf course was out of commission. If the Iselin Park work · s done, three parks will be out of commission at the same time. With all the baseball, rugby, softball, e~c., the upgrading on the parks will be torn up. City Manager Mahoney said if the water system were put in, it would not prevent playing on the Iselin field. Mahoney said if the parks will not be ready for baseball, etc., he will not do the sodding on the Iselin park field. Roll call vote; Councilmembers De Gregor~o, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE #25, SERIES OF 1976 Councilwoman Johnston moved ~o read Ordinance #25, Series of 1976; seconded by Council- 0rd.25,1976 man De Gregorio. All in favor, motion carried, appropriating general fund ORDINANCE #25 (Series of 1976) AN ORDINANCE RECOGNIZING $9,830.00 IN UNANTICIPATED REVENUES IN THE GENERAL FUND; RECOGNIZING A REDUCTION IN PITKIN COUNTY GRAT PROGRAM REVENUES OF $8,495.00; AND APPROPRIATING FROM SUCH FUND $2,250.00 FOR THE WOODY CREEK ZONING STUDY AND $6,080.00 FOR THE REPAIRS TO THE LIFT NUMBER ONE BUILDING was read by the city clerk. Councilman De Gregorio moved to approved Ordinance #25, Series of 1976, on first reading seconded by Councilwoman Johnston. Councilman De Gregorio asked why the City was paying for the Woody Creek zoning study. Mayor Standley answered it was lust a transfer of funds; the money comes from the County ~--~ Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen; aye; Mayor Standley, aye. Motion carried. ORDINANCE #26, SERIES of 1976 0rd.26,1976 Councilwoman Johnston moved to read Ordinance ~26, Series of 1976; seconded by Council- A~propria- man De Gregorio. All in favor, motion carried. ting 7th penny ORDINANCE #26 (Series of 1976) AN ORDINANCE RECOGNIZING $500.00 OF UNANTICIPATED REVENUES TO THE 7TH PENNY SALES TAX FUND; AND FURTHER APPROPRIATING FROM THE UNAPPROPRIATED REVENUES OF SUCH FUND MONIES FOR THE FINAL PURCHASE PAYMENT OF THE MINIBUSES,. MALL LABOR, PUBLIC RELATIONS COSTS AND COSTS OF EXTRA BUS SERVICE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #26, Series of 1976, on first reading; seconded by Councilwoman Johnston. Councilwoman Johnston said she hated to pay for the minibuses. Mayor Standley told Council this was to clear up the payments to the bank on the loan. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. RESOLUTION ~7, SERIES OF 1976 Councilman Parry moved ~o read Resolution ~7, Series of 1976; seconded by Councilman De Gregorio. All in favor, motion carried. Res.7,1976 RESOLUTION #7 Appropria- (Series of 1976) tions WHEREAS, the City Council may, by resolution, transfer part of 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 transfer Sixteen Thousand ($16,000.00) Dollars of Recreation Department budgeted funds to cover City Council costs, and expenses of the building, finance and planning departments as herein specified, NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That there be transferred Sixtenn Thousand ($16,000.00) Dollars of unencumbered appropriation balance from the Recreation Department and that said amount be appropriated to other department budgets within the General Fund in the following manner: Appropriation General Fund Revenues Expenditures Transfer of unencumbered appropriated balance of the Recreation Department $16,000.00 $ City Council Contribution to Aspen Center for Environmental Studies 1,200.00 City Council Contribution to the Aspen Valley Volunteer Fire Department 2,000.00 City Council Contribution to the Co-op Food Store Study 1,250.00 Fire Extinguishers for Building Departmen~ 900.00 Record Replacement Cost (computer failure) of the Finance Department 2,500.00 Mall Election Publicity by the Planning Department 1,000.00 $16,000.00 S8,850.00 Councilman De Gregorzo moved to adopt Resolution ~7, Series of 1976; seconded by Council- woman Pedersen. All in favor, motion carried. Councilwoman Johnston told Council that CMC plans to build a building at the high school for holding classes. It will be available during the daytime for interested groups to use. Councilman De Gregorzo moved to adjourn at 9:15 p.m.; seconded by Councilwoman Pedersen. All in favor, motion carried. K thryn S~/Rauter, City Clerk