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HomeMy WebLinkAboutminutes.council.19741111Meeting was called to order by Mayor Stacy Standley at 5:45 p.m. with Council- members Pete DeGregorio, Jack Walls, Michael Behrendt, James Breasted, Ramona Markalunas, Jenifer Pedersen, City Attorney Sandra Stuller and Acting City Manager Don Rogers present. MINUTES Council request the minutes of October 29, 1974 be amended to reflect under Rocky Mountain Airways Water Tap that the City Manager was instructed to collect the fees. Councilwoman Pedersen moved to approve the minutes of October 29th as amended. Seconded by Councilman Walls. All in favor, motion carried. ACCOUNTS PAYABLE Council instructed the Finance Department to give breakdown in the future of charges to Bank Americard~. Councilwoman Pedersen moved to approve the accounts payable as submitted. Seconded by Councilman Walls. All in favor, motion carried. CITIZEN PARTICIPATION No comments. COUNCILMEMBER COMMENTS a - Councilman Behrendt request the walkway over the Castle Creek bridge and Cooper Street bridge be cleaned off periodically. b - Councilwoman Markalunas reported a letter has been received from Mary Martin relating to a committee being formed to organize festival etc. for the Bi- Centennial. Letter also contains suggested committee members. Council request Ms. Martin be contacted to appear at the next meeting to discuss full information with Council - grants available etc.. c - Councilman Breasted questioned if the report had been submitted relating to HB 1041. City/County Planner John Stanford reported they are working on the report and it will be sent in. d - Mayor Standley questioned why the section in the zoning code relating to signs that have not been removed that are non-conforming and required to be removed under the old zoning code. City Attorney Stuller reported there has been recent litigation and enforcement of this section has been held in abeyance pending the outcome of the lawsuits. RATIFICATION OF CITY CLERK APPOINTMENT Mayor Standley reported to Council the City Manager has recommended the appoint- ment of Kathryn Hauter. Request approvalby Council. Councilman Walls moved to ratify the appointment of Kathryn Hauter as City Clerk effective November 15, 1974. Seconded by Councilwoman Pedersen. All in favor, motion carried. The Honorable Municipal Judge Scott administered the oath of office to Kathryn Hauter as City Clerk and Martin Hershey as Police Chief. Lorraine Graves, previous City Clerk relinquished her seat at the Council table to Kathryn Hauter. ~~~ty Clerk A hand was given for resigning City Clerk Lorraine Graves. REPORT ON ANCHORAGE (UNIT 2B) FLOOR AREA USE No one was present from the Anchorage to give a report. Liquor Lic. LIQUOR LICENSE RENEWALS Renewals A1 Aban Lieutenant R. W. Smith of the police department was present to answer questions and Red Onion expound on the police reports for the liquor licensed establishments in the city. Councilman Behrendt asked if there was a noticeable difference between the current Grog Shop list, the last time the list was gone over with Council and since the bar people Aspen Drug has founded their associatmon and attempted better communication. Lieutenant Tom's Market Smith noted =here had been better cooperation with the bars recently. La Cocina There was a discussion why Andre's and the Gallery had more incidents than the others. Lieutenant Smith pointed out they were group hangouts and the problem was somewhat a function of their physical location. Mayor Standley asked if there were any negative comments on the six licenses being renewed at this meetzng. Lieutenant Smith had no negative comments. Bill Caille, Fire Marshall, had no negative comments on these establishments. Councilman DeGregorio moved to give blanket approval for 1975 liquor licenses for the following: A1 Aban, the Grop Shop, Tom's Market, Red Onion, Aspen Drug, and La cocina; seconded by Councilman Behrendt. All in favor, motion carried. Zoning & ENFORCEMENT OF ZONING AND HOUSING CODES Housing Codes Clayton Meyring, Bill Caille, and Evan Gull of the Building Department were present. Councilman Behrendt opened the discussion by noting the building department was doing an excellent -ob enforcing the codes as far as people remodelling without permits but that a re-inspection policy was not being carried out. Some buildings do not correspond a~ all to the original building permits. Council noted concern that change in use of structure, the housing and sign code have not been enforced. The housing code should be enforced on dwelling units with more people living there than intended. Chief Building Inspector Clayton Meyring said they had been enforcing the housing code on a complaint basis and inspecting shacks along the alleys. Meyr~ng asked for Council's direction in the enforcement of the housing code - Meyring stated the Building Department's policy in regards to signs was to advise people they must obtain a sign permit and outlined the restrictions in the sign ordinance. Most of the signs in town conform to the sign ordinance. Councilman Behrendt brought up the change of use for a structure. Councilman Walls asked if you had to get a building permit to change use; City Attorney Stuller read Section 24-12 from the Municipal Code. Meyring stated this ordinance was not general knowledge. Councilman Breasted asked if a zoning administrator was needed. Meyring said if all ordinances and codes were to be enforced strictly one would be needed. Council Behrendt said he felt many people were being crowded into questionable units and suggested a slow re-inspection system for the whole city to see (a) if the buildings correspond reasonably closely with the documents in the building inspector's office and (b) if the fire and housing codes are being enforced. Caille pointed out this action might close 50 per cent of the housing in Aspen. Councilman Behrendt moved that the building deparr~nent come back to the next council meeting with a program outlined for either upgrading the existing codes and requirements to an enforceable level they feel Ks reasonable or with a program to achieve the ends the he had spoken to today. Seconded by Councilman Walls. Councilmembers Markalunas, Behrendt and Walls aye; Councilmembers DeGregorio, Pedersen, Breasted and Mayor Standley nay; motion NOT carried. Ord. ~50 ORDINANCE #50, NEW ZONING EXEMPTIONS, PUBLIC HEARING & SECOND READING Zoning Exemptions Mayor Standley opened the public hearing. Councilman Walls left the Council table to join the audience due to a conflict of interest. John Stanford and Yank Mojo of the Planning department submitted a memorandum to Council relating to the five projects in this ordinance. Councilwoman Markalunas questioned the building department on the time it normally takes to check a set of plans for a building permit. Chief Building Inspector Clayton Meyring said under Ordinance 19 this procedure was quite lengthy. Councilwoman Markalunas asked why the procedure is different or longer for one set of plans than for another, using the Stevens-Ginn building as an example. Council then discussed the procedures involved from the time of approval in the Planning and Zoning Commission and the actual issuance of a building permit. Discussion on the Stevens-Ginn building followed. Councilman Breasted noted he would not like to accept these buildings, but if it could be implied that the City was negligent in holding up the building permits, they could build the buildings if they sued for them. Councilwoman Markalunas said we have set up regulations, if the buildings have conformed with all regulations they are entitled to issuance of building permits yet the building permits were not issued. This makes the city look ridiculous. If the buildings were approved under Ordinance 19, it should be a matter of form to approve them under the new ordinance. Mayor Standley stated if the 620 Hyman Building, the Woods building, the Stevens- Ginn building did in fact supply working drawings and have gone on record and ma~e attempts to completely comply with Ordinance 19, they should be included in Ordinance 50. Perhaps the Law Fourplex and the RBH building, if they haven't supplied working drawings, should not be included. Councilwoman Markalunas pointed out the RBH building was given final approval of Ordinance 19 on October 22. Jack Walls, representing the RBH building, said that project had spent much time in the Planning and Zoning Commission. Mayor Standley asked the Council if they felt all five buildings should be excluded from inclusion in Ordinance 50. Councilwoman Pedersen noted the Law Fourplex should be excluded because of the time element and the lack of supplying working drawings. There was no one present to speak for the Law Four- plex. Mayor Standley said the ordinance should be amended to include b, c, d, and e, and exclude the Law Fourplex. Mayor Standley closed the public hearing. Councilwoman Markalunas made the motion to read Ordinance %50, Series of 1974, amending it to include the Woods Building, RBH building, 620 Hyman and the Stevens- Ginn building but to exclude the Law Fourplex; seconded by Councilwoman Pedersen. ORDINANCE NO. 50 (Series of 1974) AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DISTRICT MAP THOSE ORDINANCE 19 APPROVED BUILDING PERMIT APPLICATIONS WHO SHALL SUBMIT THEIR FINAL PLANS ON OR BEFORE DECEMBER 31, 1974; WHO SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCTION OF EXEMPTED PROJECTS WITH REASONABLE DILIGENCE. was read by title by City Attorney Stuller. Councilwoman Markalunas made a motion to adopt Ordinance %50, Series of 1974, as amended; seconded by Councilman Breasted. Roll call vote; Councilmembers DeGregorio, aye; Walls, abstain; Behrendt, no; Breasted, yes; Markalunas, yes; Pedersen, yes; Mayor Standley, yes. Motion carried. Mayor Standley gave Council a five minute recess. Councilman Walls returned to Council DESIGNATION OF COMMERCIAL CORE H - HISTORIC DISTRICT PUBLIC HEARING H-Historic z~ zone, Commer- Mayor Standley opened the public hearing on Designation of Commercial Core H - Historic cial core District. John Stanford of the Planning department discussed with Council what a Historic District is and the procedures to designate a district H - Historic. The Historic Preservation Committee had set forth guidelines for the Historic District. Lary Groen of the Historic Preservation Committee gave a report on the Committee's feelings and findings in their study of the Commercial Core. Groen pointed out that the guidelines were just that, guidelines, and not meant to be incorporated as law and inflexible. The Committee feels very strongly and has worked hard to protect Aspen history. Mayor Standley opened the public hearing. Councilman Walls questioned the recourse an application for a building permit would have if denied, why did the applicant go to Council rather than the Board of Adjustment. Councilman Walls asked if relief was not given by the City Council, what was the next step. City Attorney Stuller said District Court. The Board of Adjustment could grant variances but not any type of relief to the land owners. One step of review is appropriate. A citizen questioned the guidelines, perhaps they would force only pseudo-Victorian architecture in the Historic District. Lary Groen said the guidelines were not meant to stifle human ingenuity and not to interpret them in that context. Councilman Breasted said there was nothing to object to in the guidelines, they were so general in nature and one should be abile to work within those parameters. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to place Ordinance %49, Series of 1974, on the agenda for the next council meeting, seconded by Councilwoman Markalunas. All in favor, motion carried. GREAT GORGE LIQUOR APPLICATION Great Gorge Liquor App. Alan Gordon of the Great Gorge appeared before Council and stated in view of the Council's question at the last meeting they had decided to amend their application to a transfer of a beer and wine license from La Bodega to the Great Gorge. City Attorney Stuller asked if Gordon had evidence that La Bodega would surrender their license. The license had never been transferred to the Divine Sarah. Mayor Standley read into the records a letter from a lessee in the Brand Building. To the Mayor and Members of the City Council: In view of the fact that the recent disturbances concerning destruction of property and blatant vandalism in the Brand Building, I Donald McGovern, a lessee and resident hereby acknowledge my opposition to a continued transfer of a beer and Wine license to the Great Gorge. Also the fact that the upstairs section of the Brand Building being open to the public further encourages the lat~ night transient flow of undesirables. I seriously question the advisability of a transfer if not contingent upon a food operation, meaning I do not think we need another saloon in that immediate area. Sincerely Don McGovern Councilman Behrendt moved to transfer the beer and wine license to the Great Gorge; seconded by Councilwoman Pedersen. All in favor, motion carried. i Holy Cross HOLY CROSS ACQUISITION · ! Larry Simmons, the Regional Economist, reminded the Council of the Executive Session to discuss this issue. Simmons stated there were two draft of position papers by Leonard Campbell and he would have a third draft to give to Holy Cross Tuesday morning after the Executive Session Monday, November 18, 1974 at 7 p.m. Simmons would like Council to consider a price he could deliver to Holy Cross. HPC appoint- APPOINTMENT TO HISTORIC PRESERVATION COMMITTEE ment Mayor Standley opened the floor for nominations. Councilwoman Markalunas nominated Terry End, seconded by Councilwoman Pedersen. Councilman Breasted nominated Gaard Moses, seconded by Councilwoman Pedersen. The nominations were closed. Terry End was elected by paper ballot. BUS LEASING STATUS Acting City Manager Don Rogers said City Attorney Stuller had drawn up a lease that was acceptable to the City and that we could work with. Councilman Behrendt asked if there were any buses to lease. Mayor Standley stated Transportation Manager Dick Parker had given the bus company the following dates: November 25 for the three closed buses, December 16 for the two open buses, and January 17 for the double decker. The bus company said their delivery dates would be approximately one month after the above stated dates. At a meeting of City Manager Mahoney, City Attorney Stuller, Mayor Standley, Parker and County Manager Blomquist it was decided that if in fact the bus company can't deliver on those dates, they would be in violation of their contract. If the contract is understood, the bus company will have to pay for the production costs. CITY/COUNTY LANDFILL George Ochs, County Engineer, presented the County resolution and asked for Council approval. He pointed out the resolution adopted the Briscoe-Maphis plan, instituted a user's fee schedule at the dump, and changed the name of the dump to "Solid Waste Center". Councilman Behrendt questioned the $5 fee for junk cars. Ochs pointed out !~ , the $15,000 budget figure for personnel was for gatekeeper, secretarial help and part ! ~ of his salary. Councilman Walls noted on page four that the City of Aspen should be with the Board of Commissioners to let the contract. Councilman Behrendt agreed. Mayor Standley agreed that the City would like to know what is going on. Mayor Standley questioned who had the salvage rights. Ochs said it had been included in the contract as an option to bid upon. Mayor Standley wished to see a breakdown of the $15,000 for county personnel, have an itemization of expenses and have the resolution read at the next Council meeting. Councilman Behrendt suggested that the expense be worked out between the City and County managers at a later date. Mayor Standley asked that the county personnel expendi- ture and the elimination of the word "estimate" in C on page four be satisfactorily resolved. Councilman Behrendt made the motion to read the resolution as amended, seconded by Councilman Walls. All in favor, motion carried. Councilman Behrendt left the Council Chambers. Res. #41 RESOLUTION NO. 41 Solid Waste (Series of 1974) Center WHEREAS, reorganization of the Pitkin County Solid Waste Center appears to be in the public interest, inasmuch as it appears that: 1. The existing location has a great potential for becoming a model solid waste center; 2. The projected County wasteloading is estimated to be 37 tons per day in 1975, rising to 150 tons per day in 1990, assuming a maximum population growth rate not to exceed 7% per annum and a resultant equivalent daily population of 28,250 people or 157 tons per day in 1990, whichever is less; 3. The County has obtained a comprehensive, well analyzed management and operational plan for the solid waste center from Briscoe-Maphis, Inc., in order to permit the County through good management practices to utilize said solid waste center side for twenty years in order to accommodate the aforesaid waste loading; 4. The adoption of the model management and system practices recommended in said report (as herein modified) will permit such solid waste loading, including appropriate margins for error to be accommodated in a sound fashion; 5. Section 36-23-16, C.R.S. 1963, as amended, authorizes counties to finance such operation by ad valorem property taxation of/ and by user service charges; 6. A public hearing was held by the County upon appropriate notice to consider said plan and the adoption of user fees, and commen~s concerning modifications of the plan and fees were made and are generally incorporated herein. 7. The City of Aspen is authorized to ac5 in association with the County to establish and operate an approved site or facility as the City and County may agree to, under the provisions of C.R.S. 1963, as amended ~ 36-23-8[2), and Section 13.5 of the Aspen City Charter, but any such agreement, by provision of said Section 13.5, must be made by resolution of the City Council. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. Adoption of Management Plan That the Briscoe-Maphis Management Plan, as modified herein, is adopted as setting forth appropriate minimum management standards for the solid waste center site, and specifically the recommendations listed within Section III of said plan. 2. User Fee Schedule That the user fee schedule designed to make said management operation self-sustaining from user fees without application of government subsidy, as amended after said County public hearing, is included below, such fee schedule to become effective commencing on the first day of January 1975. Said user fee schedule shall be reviewed at least once each year. USER FEE SCHEDULE Refuse Compactor Trucks $0.75 per cubic yard of rated capacity Automobile or Station Wagon 1.00 each ½ ton pickup trucks 1.50 each All other trucks, pickups and trailers .50 per loose cubic yard of volume Appliances (refrigerators, stoves, etc.) 1.00 each Auto Bodies 5.00 paid to depositor Dead Animals (over 100 pounds 1.50 each Sanitation Grit and Solids 5.00 per truck Any of the following items, if segregated and delivered to the site will be accepted without charge: Clearglass Colored glass Scrap lumber and wood materials Alumini~m containers and materials Non-aluminium containers and materials Newsprint and other non-finished paper products. NOTES: A charge will be assessed to septic tank haulers based upon the amount itemized by the low bid contract accepted by the County for landfill management and operation. All other categories of waste shall be charged on a negotiated fee basis. Chemical, toxic, radioactive, and all other categories of hazardous waste are not to be d~sposed of at this site without written consent from the County Engineer. REVENUE - EXPENDITURE ESTIMATE A. Quantity Assumption (Ma]or Categories) 1. Commercial Compactor Trucks i40. ~.Y./Day 2. Construction & Miscellaneous wastes 70 C.Y./Day 3. Pickup Trucks 20 C.Y./Day 4. Auto & Station Wagons 10 C.Y./Day *B. Anticipated Revenue (Categories) 1. 365 x $0.75 x 140 $38,325 2. 365 x 0.50 x 70 12,775 3. 365 x 1.50 x 20 10,950 4. 365 x 1.00 x 10 3,650 Total $ 65,700 C. Upset Expenditures Per Year 1. Operational a. **County Personnel $15,000 b. Landfill Operator 50t400 ($4,200/month) $ 65,400 2. Capital a. Roads 10,000 b. Signs 1,000 c. Power and lights 9,000 d. Fencing 6,000 e. Gatehouse 4,000 Amortized over 5 yrs. $30,000 6,000 $ 71,400 *No revenue is indicated for the miscellaneous categories, su.¢h as auto bodie. , white goods, salvage, re-cycle, etc. **Subject to approval of the City and County Managers. 3. Resource Recycling That resource recycling as a goal is made @ part hereof and approved modification of the Solid Waste Center management program, and that the County Engineer is authorized to make appropriate reductions in user fees for segragated waste products likely to be recycled or reclaimed, and that the County Engineer is authorized to make appropriate reductions in user fees for segregated waste p~oducts likely to be recycled or reclaimed, and that the County Engineer is authorized to experiment with and adopt programs encouraging environmental conservation pro- viding said programs do not incur a financial liability nor cause the solid waste center to operate at a loss. 4. Solid Waster Center Management Officer. The County Engineer is hereby designated as the person to be responsible to the Board of Commissioners and City Council of the City of Aspen for manage- ment of the Waste Center, and is authorized to obtain necessary bids from third parties for performing all or any part of the management activities. The award of any such contract shall be made by the Board of County Commissioners and the Aspen City Council. 5. County Finance Officer. The County Finance Officer shall annually prepare an operating budget, a capital improvement budget, an anticipated revenue estimate and shall monitor the financial operations of the solid waste center, filing a report at least once each quarter with the City Manager and the County Manager. 6. Recognition of Name Chan~e. That the Pitkin County Dump is hereby renamed, recognized and referred to as the "Pitkin Count~ Solid Waste Center". 7. Time Limitation. This resolution shall be effective through December 31, 1975, and will require review for revisions and changes by the Pitkin County Board of County Commissioners and the City of Aspen City Council before said resolution is extended beyond said date. 8. City-County Responsibility. In support of this resolution between the City of Aspen and Pitkin County concerning the use and management of the solid waste center, the City and County each agree to pay (quarterly) one half of the net expense of said operation, the net expense to be computed each quarter as the difference between expenditures and receipts, but the City of Aspen is limited to a maximum liability of $12,000 for calendar year 1975. If a profit is realizsd, it shall be shared equally between the City and County. was read by City Attorney Stuller with qualifications. Councilman DeGregorio made the motion to adopt Resolution #41, Series of 1974, seconded by Councilman Walls. All in favor, motion carried. Thomas Prop- THOMAS PROPERTY ANNEXATION erty Annex. Resolution #35, Series of 1974, and Ordinance #51, Series of 1974, were not read. City Attorney Stuller stated the Thomas Estate was ready to close on the option at $14,000 an acre for approximately 6.25 acres. City Attorney Stuller suggested we take the option and then do the annexation of the Thomas Property in one procedure. Councilman Walls moved to table the Resolution and Ordinance; seconded by Counwilwoman Pedersen. All in favor, motion carried. Councilman Walls made a motion that City Attorney Stuller accept their offer to sell on the above mentioned terms and set a closing date; seconded by Councilwoman Pedersen. All in favor, motion carried. City Attorney Stuller said she would come back to Council for a supplemental appropriation and to get Council's approval for the closing date. EXTENSION OF GALENA STREET MALL Mall Extensioi Councilwoman Pedersen made the motion to read Resolution #36, Series of 1974, Extension of the Galena Street Mall, seconded by Councilman Breasted. All in favor, motion carried. RESOLTUION NO. 36 Res. #36 (Series of 1974) Intent to extend Mall WHEREAS, the Aspen City Council did by its Ordinance 20, Series of 1973, establish a pedestrian mall through various streets within the city's commercial core, and WHEREAS, all the reasons given in the original legislation by the City Council for establishment of the mall apply with equal force to the areas of ~a~ena street between Cooper and Hyman streets, and WHEREAS, the City~ Council wishes to establish and extend the pedestrian mall to include those areas of the Galena street between CoQper and Hyman streets pursuant to the procedures of the Public Mail Act of 1970, ~ ~ 139-39-1, et, seq., of the 1963 Colorado Revised Statutes, as amended, authorizing the establishment of such pedestrian malls by the legislative bodies of cities and towns (including home rule cities) and WHEREAS, ~ 139-39-4 of said Act provides for the initiation of procedures by the adoption of a Resolution of Intention by the City Council declaring its intention to create the mall and the proposed method of so doing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Aspen City Council has determined and hereby declares that the public interest and convenience require the extenstion of the Aspen pedestrian mall and that vehicular traffic will not be unduly inconvenienced thereby. 2. The Aspen City Council does hereby declare its intention to extend its existent pedestrian mall in the City of Aspen, Colorado, Ru~suant to the authority and procedures contained in the Public Mall Act of 1970, ~ ~ 139-38-1, et seq., of the 1963 Colorado Revised Statutes, as amended. 3. The portion of the public street within the City of Aspen to which the pedestrian mall is to be extended is that portion of Galena street lying between Cooper and Hyman streets. In addition the intersections of alleys 89 and 95 and Galena street shall constitute a part of the pedestrian mall. The proposed extension is more particularly described in the survey description attached hereto as Exhibit A and incorporated herein by reference. 4. It is the intention of the City Council to adopt an Ordinance prohibiting, in whole or in part, vehicular traffic on such pedestrian mall, except fire fighting equipment, ambulances, police vehicles, other emergency vehicles, and (by permit) service vehicles and those necessary for the handicapped. 5~ In the event damages are actually allowed or awarded to any property owner by reason of the establishment of this extension to the pedestrian mall, such damages shall be paid at the time the amount thereof is finally determined, whether by agreement of the parties or by judgment of a court of competent jurisdication, and shall be payable out of sales tax proceeds or other sources of revenue as the City Council may from time to time deem appropriate. It is not the intention of the City Council to levy assessments on lands that may be deemed benefited by the establishment of the mall extension or to issue special assessment bonds to pay the compensation or damages allowed to property owners by reason of the establishment of the extension of the pedestrian mall. Follow- ing the establishment of the pedestrian mall Improvements will be made from time to time to such mall. It is anticipated that these improvements will be accomplished either by city employees or by private contractors under agreement with the City, and that the same will be paid for in the same manner as claims prosecuted by reason of the establishment of the mall as hereinabove described. 6. Notice is hereby given that a public hearing will be held by the Aspen City Council at p.m. on , 197 , in the City Council Chambers, City Hall, Aspen, Colorado, to consider the establishment of the extension of the pedestrian mall. Written comment and oral presentations from abutting property owners and the public at large in favor of, or opposing, objecting to, or protesting the proposed pedestrian mall will be considered by the City Council at the public hearing. 7. Any person owning or having any legal or equitable interest ~n any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall must file a written claim of damages, if any damages are to be considered or allowed, with the City Clerk of the City of Aspen, at any time prior to the first reading of the Ordinance establishing the pedestrian mall. was read in full by City Attorney Stuller. Kiefer Mendenhall of the Mall Commission was presen~ to protest the Resolution. He first commented that he felt the Planning and Zoning Commission and the Mall Commission should be co-equals and neither should have authority over the other Commission. The Mall Commission was absolutely unanimous against the extension of the mall. There were eight different reasons brought up by the Commission. (1) It is immature (2) it involves a great expenditure for a temporary use (3) a piecemeal approach is incorrect; there should be an overall plan rather than piece by piece (4) monetary harm to businesses, especially Tom's Market and the gas station (5) the vast majority of the businesses in that section are against it (6) wrong time of the year, well ahead of the construction time (7) taking precipitous action at this point in time, could possibly jeopardize the future success of the entire mall (8) things like the parking problems need to be resolved before further action is justified. Councilwoman Pedersen stated it was not her intention to construct this winter but to start the long procedures. Councilwoman Pedersen pointed out she feels this full block mall of pedestrian circulation as a very logical extension. She also stated we should be moving slowly but steadily toward malling all the down- town area. Councilman Breasted agreed with Councilwoman Pedersen but felt the resolution was immature. City Attorney noted that a hearing date would be three or four months away. Councilman Walls said he was firmly committed to the mall but thought more work should be done before we start adding to the mall. The city was pushed into putting the malls in prematurely and we would be wasting money if the City doesn't solve the problems first, like parking and storm sewers. Councilwoman Pedersen commented she was not advocating spending a lot Of money on the malls immediately but the City should get moving, start with the Mall Commission, police, Planning and Zoning; address the problems and start work on them. Mendenhall mentioned that the Council should be aware of the efforts of the Mall Commission in this regard. Nancy Snell of the Mall Commission said the Commission would be ready to present a to{al mall plan to Council soon. ..~r~,~ ~uy ~ouncll November 11, 1974 Councilwoman Markalunas questioned the inclusion of the alleys into the mall resolution. City Attorney Stuller said it was a statute requirement. Mayor Standley read a letter of opposition from Rio Grande Motorways. Councilman DeGregorio felt the Council should defeat the resolution as premature and perhaps devote some study sessmon time with the people involved. DeGregorio also mentioned a petition with smgnatures of 73 per cent of the business owners in the area stating their objection to the mall extension. Councilman DeGregorio called a question. Councilman Breasted moved to adopt Resolution #36, Series of 1974; seconded by Councilwoman Pedersen. Councilmembers Pedersen and Breasted yes; Mayor Standley yes; Councilmembers Markalunas, DeGregorlo and Walls, no; tie vote, motion dies. Subdivision BENEDICT SUBDIVISION EXEMPTION Exemption Councilman Breasted moved to read Resolution ~37, Series of 1974; seconded by Council- woman Markalunas. All in favor, motion carried. City Attorney Stuller read the resoluti~ RESOLUTION ~37 (Series of 1974) WHEREAS the BENEDICT LAND AND CATTLE COMPANY had conveyed a home site to FREDRIC A. BENEDICT AND FABIENNE BENEDICT containing approximately 3.381 acres located within the SW ¼ NE ¼ of Section 18, T10S, RB4W of the sixth Principal Meridian, Pitkin County, Colorado, and recorded at Book 256, page 553, of the records of the Pitkin County Clerk and Recorder, and WHEREAS, upon resurvey of the tract it has been determined that an error in the descrip- tion in the original conveyance had been made, that although it was the intent in the gra~ to convey to the centerline of the Roaring Fork River, the survey description as made does not close in such a manner so as to include a considerable parcel up to and including part of the raver bed, and WHEREAS, the BENEDICT LAND AND CATTLE COMPANY wishes to reconvey to FREDRIC A. BENEDICT and FABIENNE BENEDICT by correction deed to redefine the homesite description so as to convey as originally intended, and WHEREAS, the Aspen Planning and Zoning Commission pursuant to ~ 20-10(b) of the Aspen Municipal Code, has determined that this resubdivision of land is not within the intents and purposes of Chapter 20, Subdivision Regulations and by its Resolution made November 5, 1974, did recommend to the City Council that the reconveyance be exempted from the definition of subdivision and the requirements of Chapter 20 of the Municipal Code be thereby waived, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the conveyance by correction deed by the BENEDICT LAND AND CATTLE COMPANY to FREDRIC A. BENEDICT and FABIENNE BENEDICT of the following described tract shall be and hereby ms found to be without the intents and purposes of Chapter 20 and ~eclared exempt from the definition of subdivision and free from compliance with the requirements of said Chapter 20 of the Aspen Municipal Code: A tract of land situated in the SW¼ NE~ of Section 18, Township 10 South; ~Range 84 West of. th~-~h~.Rrincipal Meridan, Pitkin County, Colorado. Said tract is part of the Riverside Placer, MS.~ 3905 AM., and is more fully described as follows: Beginning at a point when corner No. of said Riverside Placer bears S 46 90'49"E 709.19 feet; Thence S 15°13'99'' W 385.00 feet to the een.%er of the Roaring Fork River; Thence N 59°12'00'' W 230.00 feet along the centerline of said river; Thence N 88°25'00" W 203.15 feet along the centerline of said river; Thence N 15°13'00" E.381.00 feet; Thence s 70o18'00" E 154.33 feet; Thence S 75o15'00'' E 265.12 feet to the point of beginnmng, containing 3.381 acres, more or less Councilman Walls moved to adopt the resolution as read; seconded by Councilman DeGrego~ all in favor, motion carried. Subdivision MADDALONE SUBDIVISION EXEMPTION Exemption Councilwoman Markalunas moved to read Resolution = 38; seconded by Councilman Walls; all in favor, motion carried. City Attorney Stuller read the resolution. RESOLUTION ~ 38 (Series of 1974) WHEREAS, the BENEDICT LAND AND CATTLE COMPANY has previousl~ deeded to PATRICIA E. MADDALONE a tract of land situated in the SW~ of the NE~ of Section 18, T 10 S, R84W of the Sixth Principal Meridian., Pitkint County, Colorado, which ~onveyances are recorded at Book 244, page 955 and Book 267, pages 26 and 27 of the records of the Pitk[n County Clerk and Recorder, and WHEREAS, on resurvey of the tract it has been determined that the earlier conveyances have discrepancies which result in exclusion from the property adjacent land and roadways used ~n conjunction with the tract as a homesite by PATRICIA E. MADDALONE, and Regular Meeting WHEREAS, the BENEDICT LAND AND CATTLE COMPANY wishes to convey additional lands to PATRICIA E. MADDALONE north and east of the 'homesite and do so by deed, and WHEREAS, the Aspen Planning and Zoning Commission has considered, pursuant to Section 20-10(b) of the Aspen Municipal Code, the proposed conveyance and determined it to be without the intents and purposes of Chapter 20; and did by Resolution in November 5, 1974, recommend to the City Council that it exempts the conveyance from the definition of a subdivision and waives the requirements of said Chapter 20, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the parceling and conveyance of the following described tract of land from the BENEDICT LAND AND CATTLE COMPANY to PATRICIA E. MADDALONE be determined to be without the intents and purposes of Chapter 20 Of. the Aspen Minicipal Code, be exempted from the definition of subdivision set forth in Section 20-2(a) of the Municipal Code and that there be waived compliance with the requirements of said Chapter 20 prior to such conveyance: A tract of land situated in the SW ¼ NE ¼ of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. Said tract is part of the Riverside Placer, M.S. 3905 AM., and is more fully described as follows: Beginning at the Northwest corner of the Maddalone tract, a point en~line 8-9 of said Riverside Placer, when corner 9 of said Riverside Placer bears south 392.05 feet; Thence North 100.00 feet along said line 8-9; Thence East 125.00 feet; .Thence S 28030'00'' E. 132.58 feet to a point on the westerly line of the Benedict homesite tract; Thence S 15o13'00'' W. 138.34 feet along the westerly line of said Benedict homesite tract to the center of the Roaring Fork River; Thence West 1.95 feet to the southeast corner of said Maddalone tract; Thence North 150.00 feet along the easterly line of said Maddalone tract~ i~ the nor~beast cOrner of-said~~ ~a~da!~ne ~act';~ Thence west 150.00 feet along the northerly line of said Maddalone tract to the point of beginning contain- ing 0.424 acres, more or less. Councilwoman Markalunas moved to adopt the resolution read; seconded by Councilman Breasted; all in favor, motion carried. ADOPTION OF ELECTRI~ CODE ~rd. ~55 Adoption of Councilwoman Markalunas made the motion to read Ordinance 55, Series of 1974; Electric Code seconded by Councilwoman Pedersen. All in favor, motion carried. Ordinance ~55 1st reading was read in title by the City Clerk. ORDINANCE NO. 55 (Series of 1974) AN ORDINANCE ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1975 EDITION, (EXCEPT THE APPENDIX); MAKING A GENERAL AMENDMENT THERETO; REQUIRING COMPLIANCE HEREWITH; PROVIDING FOR INSPECTION OF PREMISES SO AS TO ENFORCE THE SAME~; PROVIDING GENERAL REQUIREMENTS FOR LIGHT, POWER OR HEATING INSTALLATIONS; GIVING GENERAL SPECIFICATIONS FOR INSTALLASTION; PROVIDING THAT PERMITS BE OBTAINED FOR WIRING ALTERA- TIONS AND ADDITIONS; PROVIDING THAT PERMITS BE OBTAINED FOR INSTALLATION AND APPLIANCES; ESTABLISHING A FEE SCHEDULE FOR THE ISSUANCE OF REQUIRED pERMITS; REQUIRING THE BUILDING INSPECTOR TO KEEP RECORD OF ALL PERMITS ISSUED; NAD PROVIDING THAT NOTHING HEREIN SHALL BE CONSTRUED TO LESSEN THE RESPONSIBILITY OR LIABILITY OF ANY PERSON OWNING, OPERATING, CONTROLLING OR INSTALLING ANY ELECTRICAL EQUIPMENT. Councilman Walls made a motion to adopt Ordinance ~55, Series of 1974; seconded by Councilman DeGregorio; roll call vote, Councilmembers Pedersen, yes; Markalunas, yes; Breasted yes; Walls, yes; DeGregorio, yes; Mayor Standley, yes. Ordinance passed on First reading, Motion carried. EMERGENCY APPROPRIATION FOR ASPEN ONE PROPERTY Aspen One Appraisal Councilman Walls moved that Ordinance ~56, Series of 1974 be read; seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE NO. 56 Ord. ~56 (Series of 1974) Emergency Appropriation AN ORDINANCE MAKING AN EMERGENCY APPROPRIATION FOR THE PURPOSE OF APPRAISING THE ASPEN ONE COMPANY PROPERTY TO INITIATE THE CITY OF ASPEN, ASPEN ONE AND POST OFFICE DEPARTMENT LAND TRADES. Ordinance ~56 was read in title by City Attorney Stuller with the notation that the appraiSal would cost $1,200 at a maximum. Councilwoman Markalunas moved to adopt the ordinance as read; seconded by Councilman Walls. Roll call vote; Councilmembers DeGregorio, yes; Walls, yes; Breasted, yes; Markalunas, yes; Pedersen, yes; Mayor Standley, yes. All in favor, motion carried. Ordinance passed on first reading. Mayor's MAYOR'S DEED Deed Lots E,F,G, City Attorney Stuller explained that a Mayor's Deed was requested for Lots E, F, and Block 82 G, Block 82, City and Townsite of Aspen. The fee had been paid and the title commitment indicated a need for the Mayor's Deed. Councilman Walls moved to approve the Mayor's deed; seconded by Councilman DeGregorio; All in favor, motion carried. ROCKY MOUNTAIN AIRWAYS RECONSIDERATION Resolution #40, Series 1974, was removed from the agenda until such time as Rocky Mountain Airways re-applies to the Civil Aeronautics Board. Res. ~39 COMMENDATION OF LORRAINE GRAVES Councilwoman Pedersen moved that Resolution #39, Series of 1974, be read; seconded by Councilman Walls. Mayor Standley read the resolution. RESOLUTION NO. 39 (Series of 1974) WHEREAS, LORRAINE GRAVES has tendered her resignation from the Office of City Clerk of the City of Aspen to become effective November 15, 1974, and WHEREAS, LORRAINE GRAVES has, for almost twelve years, rendered efficient and sophisticat~ service to the City of Aspen, which service has, without qualification, evidenced the highest degree of public spiritedness and unparalleled concern for our governmental process, and WHEREAS, LORRAINE GRAVES should receive the-~deepest expression of the gratitude of the City Council, City administration, and the people of Aspen, and it is the purpose of this Resolution to convey this sentiment, and WHEREAS, the City Council is aware that a Resolution of Commendation can be a stilted and formal technique for expressing its feelings, but wishes to continute a tradition of commendation by Resolution so to insure its gratitude is of permanent record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the twelve years of public service given by LORRAINE GRAVES as Aspen City Clerk be and hereby is publicly acknowledged. BE IT FURTHER RESOLVED that the service rendered has reached the highest level of competence and integrity that can be asked of a civil servant. BE IT FURTHER RESOLVED that the concern for the people with whom and for whom she has worked, evidenced by all her dealings, has demonstrated a good will which can only enhance the rapport of a local government with its people in a way no strained attempt at public relations can accomplish. BE IT FURTHER RESOLVED that her deference for the political process and its participants has shown the highest regard for our governmental processes which her involvement in could only enhance. BE IT FURTHER RESOLVED that LORRAINE GRAVES is deserving of the highest statement of gratitude of the Aspen City Council as the representative of the people of the City of Aspen, and this sentiment is hereby expressed. BE IT FINALLY RESOLVED that the resolutions hereinabove made be incorporated into the minutes of this meeting and become a part of the permanent record of this legislative body Councilwoman Markalunas made a motion to adopt the resolution as read; seconded by Councilman DeGregormo, all in favor, motion carried. Councilman Walls moved to adjorn the meeting at 9:45 p.m., seconded by Councilman Breasted. All in favor, meeting adjourned. Kathryn S.~'Hauter, City Clerk