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HomeMy WebLinkAboutminutes.council.19741125Meeting was called to order by Mayor Standley at 5:08 p.m. with Councilmembers Markalunas, Behrendt, Breasted, DeGregorlo, Walls and Pedersen, City Attorney Stuller and City Manager Mahoney present. MINUTES Councilman Walls moved to approve the minutes of November 11, 1974, seconded by Councilman Breasted. All in favor, motion carried. ~ CITIZEN PARTICIPATION 1. Kenneth Moore representing the Parks Association stated the association has studied Citizen and discussed the master plan for Recreation and Parks and has endorsed the mountain Participation west of Aspen. Its integration with trails and open space requirements would be greatly appreciated by the Parks Association. 2. David Holiff of the Incredible Edibles, located on the Hyman Street Mall, introduced himself to Council and said that he had delayed his beer and wine application until December 23, 1974, to give Council a chance to see his operation and find out what kind of operation it will be. 3. Ron Riley of the Aspen Mine Company addressed general remarks to the Council on restaurant policy in the Mall. He felt that it was unfortunate they made committment to the Mall actually prior to any rules se~ fortk, but that there are valuable con- clusions to be learned from their experience. He felt that the Mine Company's commitment to the Mall was much s=ronger than the Red Onion's and the public response and en3oyment of the Mine Company's facility was s=ronger. The Council should consider foundation for restaurants; the more stable the foundation the more satisfactory the commitment~ will be COUNCILMEMBER COMMENTS 1. Councilmember Breasted asked if the Council would be interested in having a blow Councilmember up of the aerial photo survey done to use at the public hearing on rezoning. A very Comments large survey would enable the Council to relate to and actually see the areas and boundaries of the new zoning. The Cooper aerial survey cheapest version may be $150 to $200. Councilman Walls asked what it would cost to have an aerial photo done in the scale which the City's maps are done. Councilman Breasted said it would be considerably more expensive, perhaps $1,500, and the distortion would be greater. Councilman Breasted?~id he would investigate the best and biggest map for Council. 2. Councilwoman Markalunas stated she had a request from a lady in town not to put up the red, green and gold tree shaped Christmas decoration as they are a gross affront to everybody's feelings of Christmas. Councilwomas Markalunas made a motion that before next Christmas arrives something ~ more appropriate for decorations is decided upon. Seconded by Councilwoman Pedersen. All in favor, except Councilman DeGregorio who commented that he liked the decorations. Motion carried. 3. Councilwoman Pedersen asked if the City were going to have ice skating again in Wagner Park as she had many good comments on it. City Manager Mahoney s&id Parks and Recreation Director Ted Armstrong is planning to do so. 4. Councilwoman Pedersen feels the Popcorn Wagon building set a poor precedent. The variance was a bad decision of the Board of Appeals and Examiners and the building ought to be up to code. The auxiliary building on the back of the lot definitely does not meet the fire code and the code ought to be enforced. It is imperative we enforce this sort of thing, it is a totally minimal building and no way does it meet the demands of the fire district. It is too close to another building, which is also a violation of the building code. Councilwoman Pedersen asked the City Manager to have the Fire Marshall bring the building to code requirements immediately. 5. Councilman Walls asked members of the City Council to give their money to the City Clerk for Lorraine Graves' present so the bills could be paid. 6. Councilman Breasted noted that there is not adequate signing of streets in the downtown area. City Manager Mahoney stated the City had decided to set up a shop at the water plant annex and do the wood work ourselves. The City will be starting on it next week, but it won't all be done this winter. Breasted asked if the signs would look like the old ones. Councilman Behrendt suggested that Main Street signs and the off~street lodging signs could be cleaned up at the same time. BI-CENTENNIAL FESTIVAL Mary Martin, President of the Anderson Ranch Foundation, presented a memorandum to Bi-Centennial Council on proposals for the Bi-Centennial celebration and committee. She stated work Festival should be started if the city and county want to be involved in the celebration. All proposals have to be submitted to the Colorado Commission on Bi-Centennial. The Roaring Fork Valley should be in this festival because of its significant addition to Colorado and its colorful history. Councilman Walls moved that the Council endorse the Bi-Centennial festival and will cooperate in all ways possible. Mary Martin is appointed as the Chairman of the ,~ committee and is to appoint members of the committee. Seconded by Councilman Behrendt. All in favor, motion carried. Mary Martin said she would bring the committee's applicants to Council for review because the plans and the committee had to come from the city. Mayor Standley suggested she call upon the Planning Department and the Historical Preservation Committe( for support and ideas. Councilman DeGregorio suggested that Mayor Standley approve the appointments to the Bi-Centennial Committee. There were no objections. MOLTERER SPORTS CANOPY Molterer Bob Rosener, representing the Magic Pan, appeared before Council to state their objections to the Molterer Sports canopy which hid the Magic Pen's sign from public Sports Cano~ y view east on Cooper Street. Rosener stated that 13 months ago Attorney John Wendt had appeared before Council asking that an encroachment be given for an awning from the building on East Cooper Street out past the sidewalk. Rosener said that he objected at that time because it would obstruct his sign but ~agreed that an awning could be put up out to the brick wall. Rosener said he had heard nothing else until the awning went up'ten days ago. Attorney Wendt said he had talked with Mrs. Kay Cheek and Chuck of the Magic Pan in Denver and then had made application fOr a building permit. The .permit was issued and the awning went up according to the building permit. Wendt had checked with the Building Inspector who had no complaint with regard to the canopy. Bob Rosener submitted phOtos to demonstrate that the ~anopy did in fact obstruct the Magic Pan sign from the corner of Galena and Cooper. Councilman Behrendt asked if the sign could be lowered or raised so people from a reasonable distance away could see it. Rosener said at least ten feet. Andrel Molterer said the canopy was to attract people to the off-street entrance of his store. Councilman Breasted said he liked the canopy and felt it was a good addition to the building. Rosener said it would hurt the Magic Pen's business. Councilman Breasted suggested the Magic Pan could cooperate with Molterer and make their sign part of the canopy. Mayor Standley read from the minutes of the September 24, 1973 Council Meeting at which the endorsement for the canopy was granted. According to the minutes the enCroachment had to be agreed upon by both parties. Mayor Standley suggested both parties get verification of the agreement in writing. The Council will not make a decision until they see this agreement in writing. This item will be on the agenda at the next meeting unless all parties can come to an outside agreement. ANCHORAGE REPORT Anchorage Gene Ingham, owner of the Paragon Enterprises, submitted letters tO Council on Report the Paragon and Captain's Anchorage. Ingham stated the Paragon would like a renewal of a liquor license for the year 1975 or a transfer of the license that ~ . ~as agreed upon to the Captain's Anchorage at the October 15, 1974 Council Meeting. On October 15, 1974, the CaPtain's Anchorage got approval for Council to license The Paragon premises and the premises known as the Brass Bed in the Roaring Fork Building. The purchase and sale by the Captain's Anchorage had fallen through and the Paragon wanted a renewal of their liquor license. Ingham listed the four conditions imposed on the Anchorage by the council and asked that the first three conditions be dropped. The conditions he Wanted dropped were: 1. No part of the premises shall be operated under different trade names. 2. No management contracts shall be entered into. 3. No physical separation of the bar facilities should exist. Ingham felt that as they were operating as the Paragon Enterprises these conditions should not exist. Ingham wanted the fourth condition, with regard to the discotheque modified. He wanted the right to continue operating the area as a place in which to serve alcoholic beverages and have the contingency no dancing or live music, only back- ground music similar to the Paragon Parlor. Attorney Bruce Kistler was present representing people living upstairs who had filed a law suit in regard to the noise. City Attorney Stuller asked Kistler if these conditions imposed would settle the law suit against the Uaragon Enterprises. Kistler felt they would. Councilman Walls asked if Paragon Enterprises was going tO be involved in the Brass Bed area~ Ingham said they were not going to have anything to do with that area. It will not be occupied right now. Councilman Walls said he felt for the two areas upstairs that the first three conditions made sense because those areas could still be subdivided. City Attorney Stuller stated that there are no licenses on the premises of the Paragon and the Brass Bed. She would like the Council to consider an application for renewal and also an application for transfer back to the Paragon Enterprises. In the event of a transfer, no license will be in existence for the Brass Bed for the balance of this year. Councilman Behrendt said he had liked the dancing if they could resolve the noise problem it could be an asset to the community. Ingham said he would like the option to reappear in the future to discuss the condtions for a bar operation in the ballroom. Leonard Oates, representing the Captain's Anchorage, said they were working on an alternative location and may be back in the very near future to talk about a liquor license. Councilman Behrendt moved to accept the Captain's Anchorage surrender of their liquor license and a transfer to the Paragon Enterprises subject to the first three conditions and a fourth condition on the ballroom that they must return to Council with a resolution of their noise problems, seconded by Councilwoman Pedersen. Councilman Walls said they cannot put the license into~operation for the ballroom until they come before Council again. City Attorney Stuller read condition number 4: "Finally, the applicant agrees that, at a minimum, the discotheque presently or recently in operation will be discontinued. Moreover, no alcoholic beverages will be dis- pensed (or allowed to be consumed) within the area occupied by the discotheque until the applicant shall reappear before the City Council and demonstrate the intended use of the discotheque and the use proposed is accepted by the Council. The discretion of the Council on this matter will be without qualification and absolute. In the event the Council re- fuses to approve the proposed use, the applicant agrees to submit a form 18E showing a modified premises excluding the discotheque area from the liquor license premises." Ron Garfield, attorney for the Paragon Enterprises, said what is resolved is the Captain's Anchorage transfer over to the Paragon Enterprises and consideration of a renewal for 1975 for the ballroom and the bar next door. Attorney Garfield said they would accept these conditions on both the transfer and the renewal. No discotheque, no dancing and no live music. Mayor Standley said when the Paragon Enterprises got a proposal together for the ballroom and had met with Attorney Kistler and other clients and had agreed on what would be carried out in the ballroom then the Paragon could come before the Council for their approval. City Attorney Stuller said until this is done, the ballroom area will be no part of the liquor licensed establishment. Councilwoman Pedersen called the question. All in favor, motion carried. LIQUOR RENEWALS 1974 Mayor Standley pointed out that the Hotel Jerome had submitted a Form 18E to extend Liquor License liquor service to the pool area. Renewals Councilman Walls moved to approve the extension, seconded by Councilman Behrendt. All in favor, motion carried. Mayor Standley asked if there were any questions or objections regarding the 1975 liquor license renewals. Councilman Behrendt moved the 1975 liquor licenses be renewed for the following: Magnifico Liquors, Uncle Willy's Spirit House, Heliogabalus, Inc., Elk's Club, Eagle's Club, Ute City Banque, The Circuit, Mother Lode, Crystal Palace, Guido's, Fireside Lodge, Hotel Jerome, Paragon, Aspen Meadows, Harry Browns, Golden Barrel, Golden Horn, Steak Pit, Time Out, and Andre's. Seconded by Councilman DeGregorio. All in favor, motion carried. CROSSROADS LIQUOR LICENSE PURCHASE AND SALE Members of the Terra Alta Drug Company were present. The purchase and sale files were in order. Crossroads License & Councilman Behrendt moved to approve the purchase and sale for the remainder of 1974 Renewal and the renewal of the liquor license for 1975 for the Crossroads Drugs, seconded by Councilman Walls. All in favor, motion carried. COUNTY LANDFILL George Ochs, County Engineer, was present and told the Council that the Pitkin County County Commissioners did not want to accept the bid from Frank Bishop for $4,800 a month. Landfill Mr. Ochs had conferred with Frank Bishop who had lowered his bid to $4,100 a month which was still unacceptable to the Commissioners. The Commissioners had suggested that the County maintain and operate the dump them- selves. Councilman Walls asked if the County had the equipment large enough and available to do such work. George Ochs said the County had a D-6 caterpillar they could use full time at the landfill and a front loader to use when needed. Council- man Walls stated if the County did not have the necessary equipment there when needed, he wanted the Council to know about it. Councilman Walls said they had a reliable man running the landfill, why had the cost to run the dump jumped considerably. George Ochs said the large increase was due to running the landfill according to the Briscoe-Maphis plan. City Manager Mahoney stated he was against the County getting involved in running the landfill. Mayor Standley aSked George Ochs to advertise for bids for running the landfill operation in the Carbondale and Glenwood Springs newspapers. Until that option had.~beein e~pl~red~Mayor Standley felt he did not want the County running the landfill operation. Ochs said he would be Willing to advertise but there was a time element involved. A decision has to be made by December 31st. Councilman Breasted asked what the objection to Frank Bishop was. Ochs said that up until August,?1974 the cost for running the dump was $2,000 a month. With the Briscoe-Maphis plan it had jumped to $4,100. County Commissioner Joe Edwards was present and said the Commissioners had choked at a figure of $50,000 to operate and maintain the landfill and they wanted to explore alternatives George Ochs said the only options we have now are Frank Bishop or the County. Mayor Standley wants Ochs to advertise and then come back to Council with whatever the best proposal is. Stevens STEVE~S PROPERTY ANNEXATION PROPOSAL Property Annexation Bob Stevens was present to explain his proposal to build 24 units on the north Proposal part of Block 54 and to give the rest of the land to the City to do with whatever they want, (that is the Little Cloud and Sibley mining claim.) John Stanford and Yank Mojo of ithe Planning Department presented maps to illustrate the mining claims and Block 54. Using these planning maps, BOb Stevens explained his proposal to the Council. ~!~e would use the lower part of the Sibley lode mining claim for 27,000 square feet and place four buildings on that and Block 54. The City would get the right of way and the trail system. Laurie Rinquist owns 10 acres of the Pride of Aspen mining claim, which she would sell to the City which is in the agreement with the City. Councilman DeGregorio asked Stevens what kind of units he would build. Stevens said two bedroom,. ,~ ~00~ square feet condominiums with a price of $50,000 to $60,000 and four units would be bought for employee housing. Yank Mojo gave a memorandum to Council listing the mining claims involved~ Sibley, Little Cloud, Pride of Aspen and Pride of Aspen over 8040, and their allowable density with no consideration for slope for a total of 13.8 units. .After reducing the area due to the slope percentage, 'khe total units for the area is 7.6. The density of Block 54 of the City of Aspen depends on what it will be zoned; R-6 density of 2.85 units; R~15 density of 1.14 units, and Multi- family 4.7 units. Of the three possibilities for this Block 54, ~he latest recommendation is R-15. ~]ot including the Pride of Aspen, the total build out in the County would be 5 units and anywhere from 1 to 4 units in the City, ~he potential density range for the proposal is anywhere from 6 to 9 units. ?he Multi-family units in the City are calculated as 3 bedroom. If the units are 2 bedroom, that would go up to 8 units; therefore, the potential maximum density is a total of 13; ~ in the City and 5 in the Countyl Councilwoman Markalunas asked Mojo if 8 units~would be allowed on the south half of Block 54 under Multi,family, if they were two bedroom, and 5 units allowed in the County for a total of 13 units on this proposed annexation excluding the Pride of Aspen. ~ojo said that was correct, but the Council's latest recommendation was for that block to be zoned R-15. ~ojo also pointed out that PUD in City has no provisions for "~UDing" uncontiguous lands so in effect the City would be violating their zoning code by taking Little Cloud density and adding it to Sibley and Block 54. There is no provision currently in the Code to do that. If that is done, the City would have to set up a whole development rights system in the County because we don'5 have the ability to transfer uncontiguous land. ~ank Mojo then demonstrated where the extreme and potential a~alanche danger areas lie as determined by studies by Colorado State University and U.S. Geological Survey. ~he avalanche danger line follows closely the City boundaries~ and runs right along top of the Midland right of way. Councilman Behrendt stated he was all for supporting anything that keeps develop-. ment from going on up in that area but asked if that area were really a heavy avalanche danger area because of the large quantity and size of pine trees. Councilman Behrendt also questioned Mojo on the units allowable to the Pride of Aspen. ~ojo said 90 per cent of the Pride is above the 8040 line and he had given them a break by allowing 1 unit on that portion and 1.9 or 2 units for the lower portion. Mayor Standley asked ~ojo to address the terms of the right of way as it relates to the county subdivision regulations. Mojo said we would like to have the right of way for the train system and one of the advantages of this particular trade is that we would get 150 feet of the right of way. Mayor Standley asked County Commissioner Joe Edwards how he felt about the County disposition regarding development on the side of the mountain. Commissioner Edwards said the City did nOt have to accept this proposal based on the presumption that it will prevent Shadow Mountain from looking like Red Mountain. There are subdivision regulations to be complied with~ substantial natural hazards in that area and the City is not obligated to serve water outside the City limits. There are substantial obstacles not easily overcome in the development of this par ticular area. Edwards said the Council should not make a decision on this proposal in terms that the alternative is a Red Mountain Ranch subdivision. Councilwoman ~arkalunas pointed out that another alternative in the plan is that this preserves the'Midland right of way for a proper transit system. 5f there were development on west Aspen Mountain, it would necessitate access cuts through the right of way. Councilwoman Pedersen said most of the right of way lay in the County and if the CountY were to so designate a trail easement, it would make sense for the City to do so also. Planner John Stanford said since receiving the CSU report and environmental factors that the Planning OffiCe might look toward re-zoning the part below the 8040 line; that R-15 might not be an appropriate zone due to the character of the land from the natural standpoint. Councilwoman Markalunas asked what a property owner's rights were in a zoning action, is the Plannin~ Department condemning this property and buying it for the purposes of transit route. ,~hat happens to the property owner. City Attorney Stuller said the City doesn't have any provisions like that in our subdivision regulations. Councilwoman Markalunas asked Commissioner Edwards what happens to the property owner of a piece of property that is designated as a transit right-of-~Tay. I~dwards replied in the County that no building permitS would be granted on it; the l&nd would be taken by condemnation for the right of way unless there was an acceptable subdivision agreement worked out. ~idwards said he felt the transit rights of way through that particular piece of land would be purchased. With regard to land owners that want to build in a hazard area, for public safety they are not allowed to build in that area. The County is within its authority to prevent construction of any kind within a hazardous area. That is not condemna~ %ion, it is protection of the public. Councilman Behrendt asked Commissioner Edwards if he felt that building permits for the eight possible two-!~edroom units in the County's area were real. Commissioner Edwards felt Stevens would have a very difficult time getting approval or permits for any units in this area. Mayor Standley asked for comments. Councilman Breasted said he was not very in- kerested. Councilman DeGregorio said the only valid reason he could see for accepting the porposal is the right of way. '~ayor Standley said we couldn't lose the right of way, we have got condemnation. Councilman DeGregorio felt there was no redeeming reason in the proposal, irt would cut down a little density if we don'~ accept it. Councilwoman Pedersen made the motion to deny the proposalt seconded by Councilman DeGregorio. Councilwoman Markalunas stated that she felt this project, like many other projects, ~%ad been very badly handled by the City. The project had been brought to the City over a year ago. The Council had never had an official recommendation back from the P & Z, nor have they had any reco~endations or information from the ~Planning Office until she requested the information. Councilwoman Markalunas feels when people make a request of the City that they are entitled to better treatment than we have given to many of them. John Stanford said Stevens had withdrawn the project from the Planning Office two or three months ago and from their standpoint it appeared that the project was being dropped at that time. Councilman DeGregorio asked if there were a motion on the floor? ~ayor Standley asked for further discussion. All in favor, w~th the exception of Councilmembers Markalunas and Walls; r~otion carried. Councilwoman Markalunas made a statement to the audience and told them to get in- volved in the new revised zoning. ?hen opinions are put out as the Council thinks~ or the Council consensus, it is not unanimous. There are Dne, two or three opposing votes. ~veryone has a great deal at stake in the revised zoning; they are taking tourist areas in the new zoning and making them AR..1, R~-15, and even R~30. Private individuals should be informed of what is going on in the Planning Department because after the zoning is imposed, 'then they tell you what you can~,t do. ~3UMBER TWO MAIN CORPORATION LIQUOR LICENSE HEARING Number Two Main Corp. Mayor Standley opened the public hearing. The files, ~vidence of corporation~ Liquor ~3ublication and posting of the premises were all in order. License Plum Tree Inn) Gra~mLoving told the Council Number Two Corporation was remodeling and refurbishng the '?lum Tree Inn'~ and they ha~egone far beyond the minimum obligations as stated in the lease with the City. City Attorney Stuller asked Loving to prove that the needs of the neighborhood had not been met. Loving pointed out they had fifty rooms and full restaurant capabilitie~ and would like to be able to serve liquor. Loving also mentioned that there were very few bars in the immediate neighborhood. City Attorney Stuller pointed out there were statutory requirements to prove that the needs of the neighborhood had not been met. Mayor Standley asked if there were any opponents. There were none. Mayor Standley closed the public hearing. Councilman DeGregorio moved to approve the application of the Number Two Main Corporation for a liquor license, '3econded by Councilman Wallsl All in favor except Councilmembers Breasted and Pedersen; motion carried. ORDINANCE 52, SERIES OF 1974 --' Drd. ~52 Uniform Mayor Standley opened the public hearing on Ordinance 52~ Deries of 1974. There Housing Code was no discussion. ~ayor Standley closed the public hearing. CounCilman DeGregorio moved to read the Ordinance; seconded by Councilman Walls. All in favor, motion carried. ORDINANCE NO. 32 (Series of 1974) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM HOUSING CODE, 1973 EDITION (EXCEPTING SECTION 203 THEREIN) ~ AMENDING CERTAIN SECTIONS OF SAID CODE; HROVIDING PENALTIES FOR VIOLATIONS OF SAID CODE; ~_ND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH, was read by title by the City Clerk. Councilman Walls mad~ a motion to adopt Ordinance 52, Series of 1974, on the second reading; seconded by Councilman DeGregorio. Roll call vote; Councilmembers Walls, aye; ~edersen, aye; ~arkalunas, aye; DeGregorio, aye; ~reasted, aye- Behrendt~ nay; ;~ayor Standley, aye. '~ot~on carried. ORDINANCE 53, SERIES OF 1974 Ord. #53 Uniform Mayor Standley opened the public hearing. There were no comments. Mayor Standley Mechanical closed the public hearing. Code Councilman Walls moved to read Ordinance 53. Series of 1974; ~econded by Councilman DeGregorio. All in favor, ~otion carried. ORDINANCE NO. 53 (Series of 1974) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM MECHANICAL CODE, 1973 EDITION~ PROVIDING PENALTIES FOR THE VIOLATION OF SAID CODE~ AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH, ~-~as read by title by the City Clerk. Councilman Walls moved to adopt Ordinance ~53, Series of 1974, ~n second reading; seconded by Councilman DeGregorio. Roll call vote: Councilmembers Behrendt nay; Breasted, ave; neGregor~o, aye~ Markalunas, aye~ ~edersen aye; Walls, aye; Mayor Standley, aye. "~otion carried. Ord. #56 ©RDINANCE 56, ~ERIES OF 1974 Emergency Appropriatic ?ayor Standley opened the public hearing. There was no discussion. Mayor Standley Aspen One closed the public hearing. ~ and Post Office Councilwoman Markalunas moved to read Ordinance 56 Series of 1974; ~econded by Councilman Wall. All in favor, rlotion carried. ORDINANCE NO. 36 (Series of 1974) AN ORDINANCE MAKING AN EMERGENCY APPROPRIATION FOR THE PURPOSE OF APPRAISING THE ASPEN ONE COMPANY PROPERTY TO INITIATE THE CITY OF ASPEN, ~SPEN ONE AND POST OFFICE DEPARTMENT LAND TRADES, ~?as read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance 56 Series of 1974, ~n second reading~ ~econded by Councilman Walls. ~oll ~all vote; Councilmembers Markalunas aye; ~edersen, aye; Breasted, aye; Behrendt, aye; Walls. aye; Mayor Standley, aye. ~otion carried. CITY MANAGER City's City Manager asked Finance Director Don Rogers to give a brief summary of the City's financial financial position. 2ogers said that the general fund should come out fairly close position to revenues although the construction an utilities area water and electric, '~ere high as construction costs ran considerably higher than what was forecast. The short cash flow right now is typical for this time of the year. City Manager Mahoney asked Rogers if the City would have to borrow funds after the first of the year. Rogers said we would take out a short term loan (90 d~ys) to get the cash flow up to date and be able to pay the approximate $100 ~00 back when the January and February sales tax money came in. ~inance Director Rogers also pointed out that the City would have closer control over the 1975 budget and at this time next year the City could have a surplus of $200 000. City Manager Mahoney detailed the purchase order and requisition procedure, noting that requisitions had to be approved by Rogers and himself before a purchase order was written. City Manager Mahoney discussed the employee's Christmas Party and assured the Council Christmas that we would stay within the $1,~00 budgeted for this event. ~ahoney suggested ~ Party we hold the part at the Plum Tree Inn on December 13, ?~974. The City Manager told the Council that the buses will be loaded up in California next Minibuses Monday for delivery to Aspen. Mahoney brought up the increase in Rocky Mountain Natural Gas rates for all classes Rocky Mt of customers and said the City would be asking ~NG for a hearing to determine on Natural Gas what basis they developed their figures and also to contest these rate increases to ~rice increas the extent that the City would like to be informed. ~ahoney also informed the Council that Holy Cross would receive our proposal based on replacement costs less depreciation. Holy Cross is interested in equivalent ~ service. .he e will be a Council study session Tuesday.~ December 3, 1974, at 5 P.M. to discuss the electricity rate structure. Councilwoman Markalunas asked if Mahoney were getting a cost figure on an appraisal Midland right- for the Midland right of way, Mahoney said he couldn't give a cost estimate until of-way all the ownership maps were finished, CITY ATTORNEY City Attorney Stuller set Monday, December 16, 1974, at ~:00 pom. as the public hearing date on the new proposed zoning code. RESOLUTION #42, SERIES OF 1974, AMBULANCE SERVICE Res. ~42 City Attorney Stuller asked if the City were interested in maintaining the title to Ambulance the ambulance. Finance Director Rogers felt it should be given to the hospital. Service Councilwoman Pedersen said she felt strongly that the City should maintain the title so that the City could have some strength because the county controls the Aspen Valley Hospital. We would lose any bargaining power if we gave up the title to the ambulance. Don Rogers pointed out that the City and the hospital were both insuring the ambulance. If we gave the title of the ambulance to the hospital, we would not have to insure it. Councilman Walls questioned the maintenance of the ambulance; what if it reverts back to the City as a total wreck. Finance Director Rogers pointed out that the City is paying for the maintenance, the hospital should be able to keep it running. Mayor Standley said City personnel and the City shops were being utilized to maintain the ambulance. Councilman Behrendt asked how the accounting would be done that this arrangement would require; wasn't the City making a bigger contribution giving the ambulance and the maintenance. City Manager Mahoney told the Council the City is contracting with the director of the hospital to supervise the program and that he had confidence in Graham Jeffries as the maintaining officer. It was decided that the title should be given to the hospital with the condition that ~ it revert back to the city if the hospital were not controlled by a government agency or a non-profit organization. Councilwoman Pedersen moved to table Resolution #42, Series of 1974, for two weeks until she could research some aspects of the contract with the hospital.; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #49, SERIES OF 1974, DESIGNATION OF COMMERCIAL CORE H-HISTORIC Ord. ~49 H-Historic Councilman DeGregorio moved to read Ordinance #49; seconded by Councilwoman Markalunas Zoning All in favor, motion carried. ORDINANCE #49 (Series of 1974) AN ORDINANCE DESIGNATING THE COMMERCIAL CORE OF THE CITY OF ASPEN, MORE PARTICUI~ARLY BLOCKS 80, 81, 82, 83, 87, 88, 89, 90, 93, 94, 95, 96, AND THE SOUTH HALF OF BLOCKS 79, 86, 92 OF THE ORIGINAL TOWNSITE AND SOUTH HALF OF BLOCK 19 OF THE EAST ASPEN ADDITION THERETO, AS AN H, HISTORIC DISTRICT was read by title by the City Clerk Councilwoman Markalunas moved to adopt Ordinance #49, Series of 1974, on the first reading; seconded by Councilman DeGregorio. Roll call vote: Councilmembers DeGregorio aye; Markalunas, aye; Pedersen, aye, Breasted, aye; Behrendt, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #57, SERIES OF 1974, MALL COMMISSION Ord. #57 Mall Commission City Attorney Stuller explained that the Mall Commission wanted to be a permanent commission ahd she had written Ordinance 57 giving them a very strong position of their authorities. The Mall Commission had written Ordinance 57-A. City Attorney Stuller pointed out the differences between the two ordinances. 57-A asked for a residency requirement in Pitkin County for three years. The three years is a violation of the City's Charter; and all commission members must live in the city. Page 4 Section 3 numbers e through h are quite different. The Mall Commission does not desire the authority to grant mall extensions. They want t~ be able to permit occupancy of the mall up to 73 hours. Page 4 Section 4 right of appeals first to the City Council and then to the Courts; the Mall Commission wants the appeal to go ~' straight to the Courts. Mayor Standley objected to the Commission having budgetary appropriations. No commission has the right to expend money. The. Council and City Administration should retain control of the budget. Regular Meeting Aspen City Council November 25, 1974 Councilman Breasted questioned the number of people on the Commission. City Attorney Stuller said this number was picked because 50 per cent were to consist of abutting land owners. Councilman Breasted said he felt ten was a bad number, the Commission should exist with seven. Kiefer Mendenhall of the Mall Commission told the Council that the Commission had decided on the 73 hour use permit so that every application for every single activity in the Mall would not have to go before Council. With regard to long range activities and extensions of the Mall, the Council should have the final say. Having the Mall Commission review and approve activities under 73 hours would take a load off Council's work and these activities fall into the Commission's area of expertise. Council Walls said he felt the Commission should be set up basically like the P & Z, to be nothing but an advisory board. Councilman Breasted pointed out that the Commission is dealing with a very specific area where there are certain administrative needs. Counci~ man Walls said the Mall Coordinator should have a position under the employ of the City. The Council felt all expenditures should be approved by the City Manager. Councilman Walls wanted letter g under Section 4 stricken. Franchise should come before the Council. Mayor Standley indicated the Mall Commission should grant permits for social activities limited to 72 hours and that they should recommend, not grant, extensions in the Mall. The majority of the Council voted to retain 10 members on the Commission. City Attorney Stuller was directed to re-write Ordinance ~57 including the Council's comments and to present it at the next Council meeting. Councilman Behrendt moved to adjourn; seconded by Councilman Breasted. All in favor, motion carried. Meeting adjourned at 8:35 p.m. Hauter, City Clerk