HomeMy WebLinkAboutminutes.council.19741015Regular Meeting Aspen City Council October 15, 19Y4
Meeting was called to order by Mayor Stacy Standley at 5:05 p.m. with Councilmembers
Jack Walls, Michael Behrendt, James Breasted, Ramona Markalunas, Jenifer Pedersen,
City Manager Dr. Philip Mahoney, and City Attorney. Sandra Stuller oresent.
MINUTES
Councilwoman Pedersen moved to approve the minutes of September 23rd as prepared and
submitted by the City Clerk. Seconded by Councilman Walls. All in favor, motion
carried.
ACCOUNTS PAYABLE
Councilwoman Pedersen moved to approve the accounts payable as presented. Seconded by
Councilwoman Markalunas. All in favor, motion carried.
CITIZEN PARTICIPATION
No comments.
COUNCILMEMBER COMMENTS _
a - Resignation from Judy Ferrenberg of the Historic Preservation Commission was read Vacancies
by Mayor Standley.
Council request the City Clerk advertise this vacancy and the private citizen vacancy
on the Board of Examiners and Appeals.
b - Councilwoman Markalunas moved to add the Midland right-of-way to the agenda. Midland
Seconded by Councilwoman Pedersen. All in favor, motion carried.
Mrs. Markalunas brought to Councils attention, the lack of investigation of the
appraisals along the right-of-way. City Manager Mahoney reported he did not know
what the cost would be to the City. Attorney Leonard Oates stated perhaps the City
should discuss this with the firm of Justin Hanes who is working for the County at
this time; some properties may already have been appraised.
Councilwoma.n Mmrkalunas moved to instruct the City Manager to investigate appraisals
of the properties along the Midland right-of-way, not to exceed a cost of $2,000 for
the appraisals. Seconded by Councilwoman Pedersen. All in favor, motion carried.
c Councilman Breasted moved to add the Thomas Property to the agenda. Seconded by thomas Property
Councilwoman Pedersen. All in favor, motion carried.
Councilman Breasted suggested the City annex the Thomas Property so that the use of
same can be regulated by zoning. City Attorney Stuller pointed out, under the new
zoning code, there are zoning districts for park, transportation and conservation uses.
Councilman Breasted moved to instruct the City Attorney to draft the necessary legal
documents for the annexation of the Thomas Property. Seconded by Councilwoman
Markalunas. All in favor, motion carried.
City Attorney reported the property Way have to be annexed in two parts in order to
meet the legal requirement of contiguity.
d - Railroad ties on Red Butte Road to separate the bicycle path from the vehicle St.Maint.
part of the road was discussed. Councilman Breasted pointed out as it now exists, & Bicycle
it is dangerous as the width of the path is cramped and the snowplow will also dis- Path
lodge the ties in the winter time. City Manager reported this was installed as an >_7
experiment, if Council so desires, they can be removed.
Majority of the Councilmembers stated their objection to the installation of the ties.
Regular Meeting Aspen City Council October 15, 1974
St. Mai~t. e - Councilman Breasted reported the curb at the entrance to Rubey Park on Mill
from Durant Street should be painted red so that people are aware parking is not
~'~ allowed.
CAPTAIN'S ANCHORAGE~ NEW LIQUOR APPLICATION
Captain's Aneh- Mayor Standley opened the public hearing, stated the applicant's, application applied
orage for as being a beer, wine and liquor license. City Clerk and City Attorney
reported the file is complete and app~licant has met all the requirements for the
consideration of this license. Survey map was submitted by the City Clerk and
it was reported there now exists 38 licenses of the same type in the City.
Attorney Leonard Oates was present representing the applicants who were also present.
Also present~ owner of the building, Gene Ingham. Mr. Oates reported the Captain's
Anchorage is an existing operation which has been operating at the Glory Hole
Lodge, Mr. Luhnow, owner of the Glory Hole Lodge has put the lodge on the market,
and at that time gave notice to the owners of the Anchorage 90 days in which to
vacate the premises. At that time Captain's Anchorage formed a new corporation
and began to investigate a new location and negotiations for the premises were
entered into. Negotiations were about completed when Mr. Koutsoubos had his
problems with the City relating to the suspension of the 3.2 beer license for
the Brass Bed. Mr. Koutsoubos, then would not sign the lease. Fin?lly about the
first of October Mr. Koutsoubos and Mr. In,ham entered into an agreement with
the Anchorage for the Brass Bed location and the Paragon location. The application
before Council includes the Form 18E showing the application as amended to
include the Paragon premises. Mr. Koutsoubos has agreed in writing that if this
application be fore Council today is approved, they will turn in the Paragon liquor
license.
The intent of the applicants is to put the seafood and steak operation in the
old Brass Bed location. The Paragon with a connecting stairway would be utilized
as a waiting area and serve drinks. The ballroom area use has not been decided
at this point, due to lack of time in which to review the alternatives available.
The alternatives being looked into at-this time are retail space or a place with
live entertainment that would be compatible with the family restaurant operation.
There would not be any rock-n-roll music on the premises. If the space is turned
into retail space, the liquor license w. ould be amended to delete this area from
the liquor license.
Councilman Walls stated his concern and reauest that if the license is approved,
there be a stipulation that there is no splitting off of the licens~ and end up
in fact, by management agreements etc., with three different operations ~nder one
license. Attorney Oates stated the applicants are willing to so stipulate.
Ballroom area was discussed at length. Council stated their lack of faith with
the last applicant, Mr, Koutsoubos, who stated he would n~t put in a discotheque.
Following approval, Mr. Koutsoubos did put in a discotheque. Councilmembers
stated they would like to knoW what is going into that area prior to giving
approva%. Mr. Oates stated the applicant would be willing to come back to Council
before doing anything in the ballroom area for approval by Council.
Mr. Oates stated remodeling in the oyster bmr area and old Brass Bed area would
begin immediately in order to open duringthe season.. Applic.ants would he.willing
to go along with a conditional approval as relates to the ballroom area.
Problem exists in that the timing was so short and the only way in which a lease
could be obtained om the. Brass Bed-area was to take the entire package which
included the first floor or the Paragon. Applicant is willing to commit that the
ballroom area will not be a discotheaue but is being considered for live enter-
tainment - not of a rock-n-roll nature or converted to retail space.
City Attorney outlimed the following stipulati,ons which cover Council concerns
and ask the applicant if there were any problems with the Council imposing
these stipulations: (1) No part of the premises shall be operated under trade
names in addition to or different £rom those listed in the application for a
liquor license; (2) No management contracts shall be entered into for operation of
any part or whole of the premises; (3) There shall be no physical separation of
the bar facilities other than those existing or described in the application or
Form 18E, request for extension; (4) Finally, the applicant agrees that, at a
~_~ minimum, the discotheque presently or recently in operation will be discontinued.
~ Moreover, no alcoholic beverag.es will be dispensed (or allowed to be consumed)
within the area occupied by the discotheque until the applicant shall reappear
before the Council and demonstrate the intended use of the discotheque and the
·; use proposed is accepted by the Council.
Mr. Ostes stated th~had no objection to the stipulations.
1628
Regular Meeting Aspen City Council October 15, 1974
Councilwoman Pedersen stated her concern that the use of the ballroom be agreed upon
prior to approval being given. Captain's
Anchorage
Mr. Jack Little, Applicant, stated the notice given by Mr. Luhnow of the Glory Hole
Lodge was short notice. Could not get a lease signed by Mr. Koutsoubos prior to
the problem he had with the City on the Brass Bed. The only way a lease could be
obtained, was to include the Paragon location in the total package. The intent
is to refurbish and bring the Paragon back to where it was 8 years ago. Did not
really want the ballroom but it came with the total package. The intent is to make
this into retail space if it can be arranged. To convert the area will take 45 days.
Do not want a discotheque, it would disturb the rest of the operation which will be
adjacent and downstairs.
City Attorney Stuller stated approval can be given subject to no operations
in the ballroom area without Council approval first.
There being no further comments, Mayor Standley closed the public hearing.
Councilwoman Pedersen moved to approve the application as applied for subject to
the conditions outlined by the city Attorney. Seconded by Councilman Breasted. All
in favor, motion carried.
CITY MARKET~ 3.2 BEER RENEWAL
Application and background information were submitted by the City Clerk.
%ity Market
Councilman Walls moved to approve renewal of the 3.2 Beer license for City Market.
Seconded by Councilwoman Pedersen. All in favor, motion carried.
MOUN~AINEDGE
Attorney James Moran, representing the applicants, stated he had asked this item Mountainedge
to appear on the agenda which relates to a meeting held August 26, 1974 at which
time three proposals were submitted to Council from the Planningand Zoning
Commission. Ute Village and Clarendon were positive recommendations, Mountainedge was
not approved. At that tim~ the City Council tabled all three pending a study
session with the P & Z Commission. At that time the three proposals were as follows:
Clarendon - 6 single family lots; Ute Village 14 single family lots and Mountainedge
100 unlimited units with building not to exceed 175,000 sq.ft. Now changing the
Mountainedge to 90 unlimited units. Present zoning would allow for 33 duplexes for
Ute Village; 16 units for the Clarendon property and 93 units on the Mountainedge
property. The advantage is the City will see 244 acres being developed as the City
is proposing it be developed.
Question was raised by Council if there would be any advantages given to local
residents for housing. Mr. Chuck Vidal stated there would be terms but could not
set aside and hold out certain number of housing units available for local pepple,
Mr. Yank Mojo stated the question to Council is does the City want to transfer
45 long term units in the east end to 45 short term units in the wemt end. This is
a political decision. Planning and Zoning Commission felt the whole development in
the west was too large.
Correspondence was read by Mayor Standley from Douglas Cain who objected to
the Mountainedge development.
Mr. Fred Smith stated there is s need for parks on the east side of the community,
b~t it looks like they are creating snob housing with ~heir proposal. Parks will be
used by those residents of the project that is adjacent to the park.
Mr. Vidal stated they are asking from Council this evening, approval of the
modification of the Mountainedge project to 93 units and approval of the PUD ~ r
Ute Village and Clarendon.
Councilman Breasted moved to approve the Mountainedge project. Seconded by Council-
man Walls.
Councilman Breasted stated 'he would like to see as a condition of the approval units
for employee housing.
Mr. Mojo stated he would surmise the Mountainedge would require approximately 50
employees.
Councilman Breasted amended his motion to include the condition that the next phase
of submittal provide for and show 10,000 se.ft, of employee housing. Amendment
seconded by Councilman Walls.
~d ~h~ ~vno o~ hou~n~, duplex, single familv: orice: number of bedrooms
Regular Meeting As~en City Council October 15, 1974
MOUNTAINEDGE
Attorney James Moran, attorney for the applicants explained that PUD
approval of the Clarendon, Ute Village and Mountainedge projects had
been tabled at the August 26, 1974, meeting of Council. Ute Village
and Clarendon had been given positive recommendations but Mountainedge
had failed to receive positive recommendation from the Planning and
Zoning Commission. Council wished to table further discussion until
such time as they had an opportunity to discuss the above projects
in a study session. The three alternatives presented at the Council
meeting were discussed with the Planning and Zoning Commission but
ther recommendations as to the respective projects remained the same.
The original presentation had included: Clarendon 6 single family
units; Ute Village - 14 single family units; and Mountainedge - 100
unlimited units with total square footage not to exceed 175,000
square feet. The above proposal was to remain the same except for a
change of unlimited units at Mountainedge. The now proposed 90
unlimited units for a reduction of 10.
The problem as Mr. Moran saw it seemed to be too much density at
Mountainedge. He was now before Council requesting approval. ~o Mora~
stated that the applicants had tried to work out any differences that
were causing reservations. He cited advantages to the package.
1)Park land to the city. The Parks AssoCiation had authorized Mr.
Vidal to express endorsement of the park acquisition. 2) Bring total
developable development out on these 2 rather large parcels of vacant
land down below the existing zoning. (That is where the Planning
Commission feels that there is a political problem for access.)
He stated that they were interested in removing allowable density
even under the present zoning from that area and moving a portion of
it to Mountainedge which in the 1973 Land Use Plan had been designated
as Tourist accommodation -- a higher density type area. He further
stated that he would be willing to see on that basis: Ute - 33,
Clarendon 16; and Mountainedge - 44, instead of moving to the other
side of town to keep in step with the 1973 Land Use Plan. Vidal
had spoken to the Ute City Protection Agency and they were in favor
of the above. The advantage being that the city will see 24½ acres
being developed as the city is proposing it be developed thereby
taking that land out of the inventory of developable land left in
the city. He felt it would ease the drainage on public facilities
and attack some of the traffic congestion problems and pollution.
He also felt that law suits with respect to the Ute Avenue area
would disappear.
Mr. Vidal would like to get in line with the goals of Council. The
Mountainedge project is the one facet of the total plan which has no
been looked upon favorably by the Planning Commission. He felt
Mountainedge should be approved for the above reasons.
Councilmembers Breasted asked Mr. Vidal if they would be willing to
make any of the units available to locals. Mr. Vidal replied that
they would not hold out units for any particular people. He said tl
the terms offered on lots were traditional but that he would not
discriminate against locals. The only problem pointed out by
several councilmembers was that locals would or could not be
interested in time-shared units.
Mr. Yank Mojo stated the question to Council is does the City want
to transfer 45 long term units in the east end to 45 short term
units in the west end. This is a political decision. Planning
and Zoning Commission felt the whole development in the west was
too large.
Mayor Standley questioned what Mr. Larkins' reaction would be to
the park proposal presented to Council. Mr. Vidal stated that
Mr. Larkin had agreed to a change in the site from Ute Avenue to
the land by the river.
Councilman Behrendt asked about the use of the open space between
the development and the lifts. He was afraid that it would become
a tennis complex, etc. Mr. Vidal stated that he~would'~ike the option
to brin~pl&ns for any addit~ion to Council for their approval.
Correspondence was read by Mayor Standley from Douglas Cain of
100 E. Dean who felt that Council should remain consistent with the
proposed zoning.
Mr. Fred Smith stated that there is a need for parks on the east side
of the community, but it looks like they are creating snob zoning
with their proposal. Parks will be used by those residents of
the project that is adjacent to the park.
Mayor Standley a~ked what they would like to focus on that evening.
Mr. Vidal stated they were asking Council for approval of the
modification of the Mountainedge project to 90 units and approval
of the PUD for Ute Village and Clarendon.
Councilman Breasted moved to approve the Mountainage project.
Seconded by Councilman Walls.
Breasted stated that the 9 city blocks or 11.38 acres of land was a
definite advantage. He felt that something could be salvaged in the
area. He thought that the proposal was a good one for the Ute Avenue
area. He would like a condition to the approval--that being that
at least 25% of the employees be housed in~e commercial area of the
project.
Councilmember Breasted amended his motion to include the condition that
the next phase of submittal provide for and show 10,000 square feet
fo employee housing. Amendment seconded by Walls.
Discussion followed on the advantages and disadvantages to the type
of housing; duplex vs. single family as well as the type of people
that could be accomodated by this project.
Roll call vote - Councilmembers Breasted, Markalunas and Walls aye;
Pedersen, Behrendt and Mayor Standley nay. Motion NOT carried.
Mr. Vidal stated that they would be willing to include the 10,000
square feet over the 90 unlimited units but less than the 175,000 square
feet. Councilmember Behrendt stated that he would like to see the
employee units come out of the 90 total units.
Mr. Vidal would like to see Council table further discussion until
-2-
such time as the feasibility of the employee housing out of the
total 9Q unlimited units could be studied and presented to Council
for review and approval at the next stage of submittal.
Councilman Behrendt stated he wanted to see the bench area left
as green open space. Mr. Vidal stated that he would be willing
to submitted a plan for the open space also.
Council requested Mr. Mojo to submit some layouts at the next regular
meeting.
Councilman Behrendt moved to reconsider Mountainedge and same appear
on the next agenda of October 29th. Seconded by Councilman Walls.
All in favor except for Councilwoman Pedersen and Mayor Standley who
voted nay. Motion carried.
-3-
Roll call vote - Conncilmembers Breasted aye; Markalunas aye; Walls aye; Pedersen
Mountainedge
nay; Behrendt nay; Mayor Standley nay. Motion NOT carried.
Mr. Vidsl stated they would be willing to include the 10,000 sa.ft, in the total
building square footage. Councilman Behrendt stated he would like the employee
units to come out of the total number of units. Mr. Vidal Stated that Mr. Benedict
states that he feels Mr. Larkin would be willing to go along with employee
housing on th~ Ute Village parcel.
Mr. Vidal then offered to decrease the number of units to 80 at Mountainedge and
10,000 sq.ft, of employee housing which will not be dorms, amd Council review
this at the next submittal.
Councilman Behrendt stated he wants the bench area left as open space. Mr. Vidal
stated they would be submitting a plan for the open space also. Mr. Vidal request
Council table the proposal at this time thus giving the applicant time in which
to review on paper the discussion had this meeting.
Council request Mr. Mojo submit some layouts at the next regular -meeting.
Councilman Behrendt moved to reconsider Mountainedge and same appear on the next
agenda of October 29th. Seconded by~ Councilman Walls. All in favor except for
Councilwoman Pedersen and Mayor Standley who voted nay. Motion carried.
RED BUTTE ROAD
Councilman Breasted read the following and request same be made a part of the
record:
Cemetary Lane
"To the Aspen City Council,
We the undersigned properny owners and residents of Red Butte Drive (not Red
Butte Road) due to street confusion (i.e. Red Butte Road and Red Butte Drive
adjoining) Would like to have Red Butte Road (not Red Butte Drive) c~hanged back
to its original and historic name of Cemetary Lane.
/s/ Lynette G. Richardson
Charles E. Worfh
Vickie E. Goodhard
Dixie Martin
Paul Martin
Carolyn Voorhies
Mary Mendenhall
Jenifer Deraux"
It was reported the 'Historical Society approves of th~ recommendation.
Councilwoman Pedersen moved to approve the recommendation and cb nge the name as
outlined. Seconded by Councilwoman Markalunas. All in favor, motion carried.
ORDINANCE #46~ 'SERIES OF 1974
Mayor Standley opened and closed the public hearing, no comments.
Ord.#46 Criminal
Councilwoman Peders~n moved to read on second reading Ordiance #46, Series of
Code
1974. Seconded by Councilman Walls. All in favor, motion carried.
ORDINANCE #46, SERIES OF 1974, AN ORDINANCE REPEALING CHAPTER 13 "MISCELLANEOUS
OFFENSES AND PROVISIONS" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; RE-ENACTING
OR AMENDING CERTAIN SECTION THEREOF; ADDING PROVISIONS NOT PREVIOUSLY A PART OF
SAID CHAPTER; SAVING PROSECUTION AND PENALTIES FOR VIOLATIONS OF THE PREVIOUS
SECTIONS WHICH VIOLATIONS OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING THAT FOR VIOLATIONS OF CHAPTER 13 THERE MAY BE FINES IMPOSED UP TO
AND INCLUDING $300 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS was read by title
by the City Clerk.
Councilman Walls moved to adopt Ordinance #46, Series of 1974 on second read~g.
Seconded by Councilwoman Markalunas. Roll call vote - Councilmembers Walls aye;
Behrendt aye; Breasted aye; Markalunas aye; Pedersen aye; Mayor Standley aye. Motion
carried.
ORDINANCE #47~ SERIES OF 1974
Mayor Standley opened the public hearing and closed the public hearing, there being Ord.#47
no comments. Trees
Councilwoman Pedersen moved ko re~d on second reading Ordinance #47, Series of
1974. Seconded by Councilman Walls. Ail in favor, motion carried.
ORDINANCE #47, SERIES OF 1974, AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL
CODE OF THE CITY OF ASPEN, (WHICH' CHAPTER I$ ENTITLED "MISCELLANEOUS OFFENSES AND
PROVISIONS") BY THE ADDITION OF SECTION 13-76 THERETO REQUIRING A PERMIT FOR
REMOVAL OF ANY TREE WITH A TRUNK DIAMETER OF SIX (6) INCHES OR MORE; PROVIDING
FOR THE SUBMISSION, ON REQUEST OF THE BUILDING INSPECTOR, OF A SITE PLAN ON
APPLICATION FOR SAID PERMIT; DESCRIBING THE CRITERIA FOR REVIEW OF ALL APPLICATIONS
PROVIDING FOR THE RELOCATION OR REPLACEMENT OF TREES; PROHIBITING CONSTRUCTION
NEAR TREES; ESTABLISHING PENALTIES FOR VIOLATION OF THIS SECTION; AND AUTHORIZING
THE CREATION OF AN OFFICIAL TREE LIST FOR THE CITY OF ASPEN was read by title by
the City Clerk.
Councilwoman Markalunas moved to adopt Ordinance ~47, Series of 1974 on second
reading. Seconded by Councilwoman Pedersen. Roll call vote - Councilmemhers Ped-
ersen aye; Markalunas aye; Breasted aye; Behrendt aye; Wa~lls aye; Mayor Standley
aye; Motion carried.
ZONING CODE &MAP
City/County Planner John Stanford submitted to Council the zoning code and map as Zoning
recommended by the Planning and Zoning Commission for adoption. Mr. Stanford
request the Council meet with the P & Z Commission to discuss indepththe new
code and map.
Councilman Walls moved to meet with the P & Z on Tuesday, October 22nd at 4:00 p.m.
to discuss the new code and map. Seconded by Councilwoman Pedersen. All in
favor, motion carried.
Councilwoman Markslunas moved to add to the agenda pending building permits.
Seconded by Councilwoman Peder~en. Ail in favor, me0tion carried.
Councilwoman Markslunas suggest the Council review and take action on those
permits that have been applied for and also those that have not been applied for
but projects that have received approval of Ordinance #19 by the P & Z.
Councilwoman Markalunas moved the City Attorney submit to Council an inventory
of all outstanding permits, projects that have been approved which have not
applied for a permit etc.. Seconded by Councilman Behrendt. All in favor with
exception~of Councilman Walls who abstained. Motion carried.
RESOLUTION #31, SERIES .OF 1974
Councilman Breasted moved to-read Resolution #31, Series of 1974. Seconded by
Councilman Behrendt. Ail in favor, motion carried.
RESOLUTION #31
SERIES OF 1974
W~IEREAS, to date requests for highway improvements for Highway Requests
Region 12 of the State of Colorado have come from private or civic
groups, more often Club 20, and
WHEREAS, the City Council considers that the more appropriate
agency for channeling highway improvement requests is the Northwest
Colorado Council of Governments and wishes the Council to act in its
behalf for this purpose,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF THE CITY
OF ASPEN, COLORADO:
That the Northwest Colorado Council of Governments~be and
hereby is authorized and directed to act on behalf of the City of
Aspen as its requesting agency to the Colorado Department of
Highways for highway improvements within Region 12 of this state.
was read in full by the City Attorney.
Councilwoman Pedersen moved to adopt Resolution #13, Series of 1974. Seconded
by Councilman Behrendt. All in favor, motion ~arried.
RESOLUTION #32, SERIES OF 1974
Councilman Breasted moved to read Resolution #32, Series of 1974. Seconded by
Councilman Walls. Ail in favor, motion carried.
RESOLUTION #32,
SERIES OF 1974
WHEREAS, there has been prepared and submitted on July 29,
1974, an ~Assessment of Community Needs" by the Citizen Committee
on Human Resources of the Northwest Council of Governments for Pitkin
County, a~d
WHERE~AS, the inveJtory presented was extremely w&ll done and
Commendation an exhaustive study and worthy of commendation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEB, COLORADO,
1. That the authors of the "Assessment of Community Needs"
namely Lynn Gruzen, Betsy Thaete and David Barbee, be and hereby
are commended for their efforts in compiling this inventory of
needs.
e
2. That a record of this commendatzon b placed in the minutes
of these proceedings by the City Clerk
was read in full by the City Attorney.
Councilman Behrendt moved to adopt Resolution #32, Series of 1974. Seconded by
Councilwoman Pedersen. All in favor, motion carried.
RESOLUTION #33~ SERIES OF 1974
Councilman Walls moved to read Resolution #33, Series of 1974. Seconded by
Councilwon~n Markalunas. Ail in favor, motion carried.
RESOLUTION #33
SERIES OF 1974
Res. #33 Budget WHEREAS, The City Manager, designated by Charter to prepare the budget, Mill Levy has prepared and submitted to the Mayor and City Council the Annual Budget for
the City of Aspen, Colorado, for the fiscal year beginning January 1, 1975,
and ending December 31, 1975; and
Wt{EREAS, the budget as submitted sets forth the following estimated
fiscal data including anticipated revenues and expenditures for the year 1975:
1. General Services and Operation $1,976,611.00
2. Land Acquisition Sales Tax Fund 443,773.00
3. Transportation Sales Tax Fund 189,903.00
4. Water Fund 523,649.00
5. Electric Fund 661,682.00
6. S~rplus 400,506.00
$4,196,124.00 and
WHEREAS, ~the assessed valuation of taxable propert~ for the year 1974
in the City of Aspen, returned by the County Assessor of PiPkin County, is the
sum of $29,235,52~..00; and
W~REAS, the City Council has determined that t~proper mill levy upon
each dollar of the assessed valuation on all taxable property within the City
of Aspen is 3.6.mills~; and
WHEREAS, fhe City Council has determined that, in the event additional
unexpected revenues accrue during 1975, it wishes to make of record its commit-
ment of those excesses for certain expenditures to be approved as Supplemental
Appropriation pursuant to Section 9.12 of the Aspen City Charter
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the budget for the City of Aspen, as submitted is hereby adopted; that
the estimated budgeted expenditure requirements of $4,196,124.00 is declared to be
the amount of revenue necessary to be raised by tax levy and income from all
other sources, including surplus at tbm beginning of the year to pay the expenses
and certain indebtedness of the City, including interest upon the indebtedness,
and to provide a reasonable surplus at t~ close of the fiscal year beginning
January 1, 1975, and ending December 31, 1975.
BE IT FURTHER RESOLVED that for the purpose of defraying the expenses of
the City of Aspen, Colorado, during the fiscal year beginning January 1, 1975, and
ending December 31, 1975, there is hereby levied a tax of 3.6 mills on each
dollar of the assessed valuation of the taxable property in the City of Aspen,
Colorado, for the purpose of raising the sum of $105,400.00 which, together
with the surplus and revenue from all other sources, is estimated to meet
budget expenditure requirements and provide a reasonable closing surplus for
said fiscal year.
BE IT FURT~HER RESOLVED, that in the event that during the fiscal year
1975 the City Mana~ger shall certify that there are available for appropriation
surplus revenues as estimated in the budget, the City Council shall, as its
first priority, appropriate $72,755.00 (includihg $23,708.00 to satisfy
donation requests) to the General Fund and $38,000.00 to the Land Acquisition
Sales Tax Fund.
was read in full by the City Attorney.
Council Walls moved to adopt Resolution g 33, Series of 1974. Seconded by Council-
woman Markalunas. Ail in favor, motion carried.
RESOLUTION # 54, SERIES OF 1974
Councilman Walls moved to read Resolution # 34, Series of 1974. Seconded~by
Councilwoman Markalunas. All in favor, motion carried.
RESOLUTION
SERIES OF 1974
Water Litig-
WHEREAS, on advice of counsel the City Coun~il'has determined~tbat re- ation
entry as a party protestant in that litigation commonly known as the "Twin Lakes"
litigation is appropriate based on the new information supplied to the City's
advisors on this matter,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,
i. That it does repeal its former directive to withdraw and direct
that the City of Aspen be re-instated as a'party litigant in the following civil
actions:
a. Ih the Matter of the Application for Change of Water Rights of the
Twin Lakes Reservoir and Canal Company, Case Number W-1901, Water
Division No. 5; and
b. In the Matter of the Application for Water Rights of Twin Lakes
Reservoir and Canal Company for the New York Collection Canal Supplement
for the Independence Pass Trans-Mountain Diversion System, Case
Number W-1869, Water Division No. 5.
2. That the City Attorney, at her convenience, so advise Vranesch and
Musick, attorneys at law.
was read in full by. the City Attorney.
Councilwoman Markalunas moved to adopt Resolution ~ 34, Series of 1974. Seconded
by Councilman Walls. All in favor, motion carried.
ORDINANCE ~48~ SERIES OF 1974
Councilman Breasted moved to read Ordimance ~48, Series of 1974 on first reading.
Seconded by C~uncilman Walls. Ail in favor, motion ~arried.
ORDINANCE #48, SERIES OF 1974, AN ORDINANCE PROVIDING FOR THE ~LECTION OF THE
SUCCESSOR OR SUCCESSORS TO A RECALLED COUNCILMAN OR MAYOR AT THE TIME OF SUBMISSION Ord.#48
OF THE QUESTION OF RECALL ALLAS PERMITTED BY THE RECENT AMENDMENT OF SECTION 3.8 OF TH ~fi~ecall
ASPEN MUNICIPAL CHARTER was read by title by the City Clerk.
Councilman Walls moved to adopt Ordinance #48, Series of 1974 on first reading.
Seconded by Councilman Behrendt. Roll call vote - Council~members Walls aye;
Behrendt aye; Breasted aye; aye; Pedersen aye; Mayor Standley aye. Markalunas
Motion carried.
ORDINANCE ~497 SERIES OF 1974
City/County Planner Stanford sugges~ COuncil schedule an additional public hearing
for citizen imput. Ord.#49 Historic
Overlay
Councilman Walls moved to schedule a public hearing on November llth for citizen
imput on Ordinance =~49. Seconded by Councilman Breasted.
Councilman Walls request all architects be notified ~f this meeting.
All in favor, motion carried.
MAYOR'S DEEDS
Councilwoman Pedersen moved to authorize the Mayor and City Clerk to execute deeds Deeds
to Robert and Judith Smith and also deed to Grace E. Huffman as presented by the
City Attorney. Seconded by Councilman W~lls. Ail in favor, motion carried.
MILL STREET & MORSE SUBDIVISION EXEMPTION
City Attorney submitted to Council the complete file. She further stated the Pabst & Morse
question before Council is do you feel the intent of the subdivision regulations Exemption
are being evaded by this request. P & Z felt it is not in this case.
Councilman Walls moved to approve the subdivision exemption agreement as submitted.
Seconded by Councilwoman Markalunas. Ail in favor, motion carried.
1633
Regular Meeting Aspen City Council October 15, 1974
LEAS ING
Councilman Breasted moved to add this item to the agenda. Seconded by
Councilman Behrendt. All in favor, motion carried.
City Manager Mahoney submitted legal opinion obtained from Attorney Charles Howe,
Legal Counsel on the Charter as relates to leasing of equipment.
Leasing Policy City Attorney Stuller stated she agreed with Mr. Howe wholehea=tedly that cities
can lease but object with Mr. Howe's designation of the First National Bank proposal
as a lease. Argue that essentially this is not a lease but a promissory note
and the obligations do exceed the fiscal year. Would like to see Council change
that section of the Charter to increase it to five year _term and allow the City
flexibility to function in a contemporary fashion.
Councilman ~B~rea~ted~.~ moved the City Attorney draft the necessary legal documents
to put this question on the ballot for the next regular election to he held in
May of 1975. Seconded by Councilwoman Pedersen. All in favor, motion carried.
Councilwoman Pedersen moved the City Attorney, City Manager and Finance Director
work out a package for leasing of the buses. Seconded by Councilman Walls. All
in favor, motion carried.
HOLY CROSS ACQUISITION
Holy Cross City Manager reported he will be sending a memo to Councilmembers outlining the
Electric City's proposal for negotiations. Revised electric rate schedule will also be
forthcoming toCourmil for review.
Councilman Walls moved to adjourn at 8:25 p.m., seconded by Coum ilwoman Markalunas.
All in favor, meeting adjourned.
Lorraine Graves, City Clerk