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HomeMy WebLinkAboutminutes.council.19750224Regular Meeting Aspen City Council February 24, 1975 Mayor Standley called the meeting to order at 5:05 p.m. Councilmembers Behrendt, Breasted, De Gregorio, Pedersen, Walls, City Manager Mahoney and City Attorney Stuller were present. MINUTES Councilwoman Pedersen moved to.approve the minutes of February 10, 1975; seconded by Councilman Walls. All in favor, motion carried. Councilman Breasted had an addition to the January 27, 1975, minutes but since they had been approved it was suggested he bring the add-ition up under Councilmember comments. CITIZEN PARTICIPATION Roy Vroom requested that the Council attempt to include Ordinance ~13, Series of 1975, on the agenda as early as possible. Mayor Standley told Vroom this item would have to come under the City Attorney. Councilman Walls moved to put Ordinance #13 on the agenda; seconded by Councilman Behrendt. Councilmember Walls, Behrendt, Breasted in favor; Councilmembers De Gregorlo, Pedersen, Mayor Standley opposedl Motion NOT carried. COUNCILMEMBER COMMENTS 1) Councilman Behrendt said the buses were running well and he was pleased with the Minibuses system. Perhaps at the peak hours when the buses were overcrowded extra buses could be added to augment the existing schedules. Councilwoman Markalunas came in. Councilman Behrendt also suggested some kind of bench, signed bus stop be placed at the base of lA, Little Nell, and near the post office. Mayor Standley told Councilman Behrendt that these were in process. 2) Councilman Breasted asked that his following comments be entered in the record Solar heat regarding the January 27, 1975, meeting and the solar heated greenhouse proposition. "Councilman Breasted suggested that when the City Hall roof is rebuilt, consideration be given to incorporating solar panels into the south facing portion of the roof, or, at least to so designing the roof structure that solar panels might be installed at a later date. Councilman Breasted further suggested that Ron Shore or others b~ consulted on the expense of supplementing existing City Hall heating with solar heating." Councilman Breasted said that after the presentation of the solar heated greenhouse the interpretation on the part of the press and people from the Pitkin County Resource Center that the Council was laughing at them for their proposal. Councilman Breasted wanted to clarify the matter and enter into the record his feelings at the January 27, 1975, meeting. Parking 3) Councilman Breasted said he had received three suggestions related to parking (a) the pedestrian access to the Rio Grande parking lot is not good. When the snow melted, perhaps a better access at the end of Galena street could be worked out. (b) The parking signs indicate "no parking from 3:00 a.m. to 7:00 a.m." the streets should be plowed during the hours posted. (c) Ten dollars ($10.00) is a rather high fine for parking. It was indicated that Sl0.00 was the fine for parking in a tow zone regardless of whether your car was towed or not. Three dollars ($3.00) is still the fine for a parking violation, such as overtime parking. Councilwoman Markalunas asked if the City had improved the signs on the Rio Grande indicating where one could or could not park. Plum Tree Inl 4) Councilman Breasted mentioned he had heard about a mechanic's lien against the Plum Mechanics' Tree Inn. He had thought the Plu~ Tree had to indemnify the City with a bond against lien this type of action. Councilman Breasted asked how long before we could declare a breach of contract with the Plum Tree. City Attorney Stuller told the Council the Plum Tree had had ten days to remedy any breach they had inflicted. If the notice of a mechanic's lien was mailed January 17, 1975, then the ten days should be up. The City had the choice of terminating the contract or just waiving it. City Manager Mahoney told Council he had been notified that the situation had been corrected. City Attorney Stuller said the release of the mechanic's lien should be made of record. Mayor Standley mentioned the list of seven violations at the Plum Tree that were to be remedied. Mayor Standley told Council all seven of them had been taken care of excep= the failure to get a building permit back in October. City Attorney Stuller mentioned that the Plum Tree had failed to pay their liability insurance. When the Plum Tree was notified of this, they paid the premium and the insurance was re-instated. Councilman Breasted asked to have statement about the mechanics lien for the next Council meeting. Main street 5) Councilwoman Markalunas brought up the condition of Main Street. The potholes should be called to the attention of the State Highway Department before Main Street becomes impassable. Councilwoman Markalunas also mentioned the drainage problem in front of the Nugget Lodge and asked that the City look into correcting it. Post office 6) Councilwoman Markalunas told Council she had received a letter from Mr. Van Etter of the Post Office. The letter is a reiteration of their previous position; the post office is not willing to compromise or otherwise<try to accommodate Aspen for home mail delivery. ~"Vanity" 7) Councilman De Gregorio brought up "vanity" license plates with the proceeds to be license used for environmental protection purposes and told Council he had had a letter from plates Representative Nancy Dick. Representative Dick is looking into co-sponsoring a bill along these lines. 8) Councilman De Gregorio addressed an article from the Aspen Times dealing with a Cocaine cocaine case where the jury found the defendant not guilty of selling cocaine. prosecution Councilman De Gregorio felt the police department was disappointed and perhaps was not quoted quite properly in the newspaper when they felt that the jury's decision to acquit was the town speaking of their feeling for cocaine. Councilman De Gregorio wanted to tell the public he didn't feel this was true, that he had had comments and calls that cocaine prosecution ~s a definite need in this community. The City should not let up in the prosecution of this offense at all. Councilman Walls mentioned his concern over Chief Hershey's quote that the police department was not going to be involved in undercover work. If the City is not going to do undercover work, then we have got an open city. Chief Hershey told Council of his opposition to undercover narcotics city personnel. Non-conform- 9) Mayor Standley asked where the list of non-conforming signs requested two months ago ing signs was, the ones in violations of the sign ordinance. Mayor Standley also asked what was happening with the Molterer Sports canopy. City Attorney Stuller said they were sued on February 5. City Attoreny Stuller also told Council that the popcorn wagon was taken to District Court and they had answered the City's complaint. Aspen Skier' ASPEN SKIER'S EDUCATIONAL FOUNDATION Educational Foundation Florence Adams and Carolyn Moore of the Aspen Ski Club were present to ask Council for Special a special events permit for a fund raising event to be held March 26 at the Gant Event Condominiums. This event will be a "Las. Vegas night" with the total donations to go to Permit the Aspen Skier's Educational Foundation. There will be gambling upstairs with chips only and drinks and food downstairs. Councilman Behrendt moved to grant the special events permit; seconded by Councilman Walls; all in favor, motion granted. Carolyn Moore then asked to amend the permit from 8:00 p.m. to 12:00 p.m. to read 7:00 p.m. to 2:00 a.m. so that the club wouldn't get in trouble if the party ran over. Councilman De Gregorio moved to reconsider the special events permits; seconded by Councilwoman Pedersen; all in favor, motion carried. Councilman Behrendt moved to grant the special events permit as amended; seconded by Councilwoman Markalunas. All in favor, motion carried. Mayor Standley told Council he felt the buses would make a nice contribution to the Aspen Ski Club as this club was keeping two hundred kids interested in skiing and racing and off the streets. Councilwoman Pedersen asked Finance Director Lois Butterbaugh if the contribution of the buses for four to s~x h~ur~ would be in the parameters of the budget. - Butterbaugh said she felt it was. Councilwoman Pedersen moved to grant the contribution of the City buses for the night of March 26; seconded by Councilwoman Markalunas. All in favor, motion carried. '~-~ ASPEN FOUNDATION FOR THE ARTS Aspen Founda- tion for the Herman Edel, Diane Lewy, Butch Tully, and Geri Fox of the Chamber appeared before Council Arts representing the Aspen Foundation for the Arts. Herman Edel explained to Council they PrOgram and had a project in mind that would occur June 13-15, 1975, between the National Endowment Funding and the International Design Conference. The Foundation is to initiate the first Annual Aspen Arts Festival. They hope this will be an annual event to celebrate the fact that Aspen has a lot of art to be offered here. Edel further explained that this would be a high tone art show with several features. One planned event is a ]uried art show honoring Herbert Bayer. This juried art show will be open for artists in Colorado to submit one piece, in whatever medium. The tentative list of judges is Paul Soldner; Leu Storey, Director of the Denver Art Museum; and Duane Valentine and Herbert Bayer. There will be cash prizes for different categories and for individual categroies. A second event is an aware to an eminent film director- producer. Howard Hawks had been selected for this. Many of his films are outdoors films. The Foundation plans to have several of his films showing throughout the three days and stars of his films here. Another event being worked on are culture bus tours throughout the City going over the highlights of the City historically and culturally. The Foundation ~has in mind many other events using culturual things in Aspen, such as the Aspen Leaves poetry magazine, Anderson Ranch, Grassroots. Herman Edel said they had planned an art auction and dinner award that they hoped would be a major fund raising projection. The Foundation hopes to be self-sufficient after this first year. The Foundation wanted to make this event successful and was asking for the City's support; they want the City's endorsement and financial support. Geri Fox told the Council that the Chamber was behind the idea. The Chamber feels this is an added event to the cultural summer. Councilman De Gregorio said the propsoal was too premature for him to make any decisions; he would like to see the figures broken down into expenses. Councilman De Gregorio also objected to the City gettting involved in donating money for cash prize awards. Mayor Standley suggested the Foundation solicit from the various businesses. Mayor Standley said he would be interested in in-kind contributions from the City rather than cash. Councilman Walls indicated he felt this was a tremendous idea; he also said he felt Council would support it, but explained that the City is in a difficult situation with regard to money. Mayor Standley suggested deferring any comments until the March t0, 1975, meeting. The Council will be able to look at this request for a $2,500 donation at the study session on the budget February 25 and will be better able to evaluate the project. Councilman Behrendt said as a pure business investment, he felt supporting this project would be good as the City's money was almost entirely derived from sales tax revenues. DON GIOVANNI'S - FORM 1SE EXTENSION OF LIQUOR SERVICED AREA Don Giovanni's liquor service Bob Rynearson and Larry Rynearson of Don Giovanni's presented to Council a request to to pool and extend the liquor-serviced area of their establishment. There were three separate areas lobby being requested (1) extension of the existing lounge area downstairs. Rynearson explained problems with construction and exchange of square footage. Don Giovanni's had given up 300 square feet due to the construction problems and were asking for 250 square feet on the side where entertainment had been introduced. (2) extension to the swimming pool area. Rynearson explained begun in area over that service had this 1½ years ago. The State L~quor Inspector told Don Giovanni this area was not part of the licensed area and would have to have Council approval. The State Liquor Inspector did raise some objections; one of them had to do with health regulations. Rynearson presented a letter from Robert Nelson of the health department stating they had no objections as long as styrofoam cups were used. The State Liquor Inspector also felt there would be no control in this area. Rynearson told Council he felt that the bar would have better control. The hotel guests bring their own liquor to the pool now and there are glass bottles and glasses around. If the bar were open, they could control the use of styrofoam cups, etc. The State Liquor Inspector had also pointed out that the swimming pool area was not within the definition of a room and that there would be no way to check identification. Rynearson told Council that the burden of checking identification was placed on the licensee regardless of whether it was an indoors pool or room and that they would not serve anyone who did not have proper identification. (3) Rynearson was asking for extension to the "lobby-lounge" area which is located upstaris off of the lobby. Rynearson explained that many ski clubs and groups stay in the hotel and like to have an area where they could have private get-togethers. Rynearson said he was not trying to open a second bar or introduce entertainment, but just to provide a quiet bar for hotel guests. This area has also been used for this v purpose previously and Rynearson felt he could give better control as far as checking identification and serving drinks. Councilman De Gregorio said this area looked very close to doubling the size presently served. Councilwoman Markalunas asked if Rynearson wanted the entire lounge area. Rynearson told Council he lust wanted one end of the lobby which is set up as a bar. Councilman Behrendt asked if Rynearson were intending to put another night club on top of the one established downstairs. Rynearson said they merely wanted to provide better service for hotel guests. (See page 1714 for end of Don Giovanni's and beginning of 620 Hymen Building) Q~u~ci~lman Breasted moved to approve the request to re-design the building; seconded by Councilman Behrendt. Fleisher and Wells will bring in two models; one with only two floors and one with a parapeu under the April 15 deadline and the Council will vote on which building they want. Councilman Walls asked if the Council would offer the same opportunity to the other three buildings that are also under,Ordinance 950. Mayor Standley answered if they would go to the same amount of work as did Fleisher. Councilmembers Breasted, Behrendt, De Gregorio, Mayor Standley in favor, Councilmember Markalunas, Pedersen, Walls opposed; motion carried. Aspenview ASPENVIEW ANNEXATION Annexation Yank Mojo of the Planning Department explained to Council that this was a petition for annexation to the City for the. Aspenview apartment building. The owners have applied fo~ a preliminary sub- division of these apartments, but until all the land is annexed they cannot subdivide. It is in the best interests of the City to annex approximately 5,000 square feet~of property and to start to deal with the problems on Midland avenue. Councilwoman Pedersen moved to read Resolution 95; seconded by Councilman De Gregor~o. All in favor, motion carried. RESOLUTION 95 (Series of 1975) WHEREAS, there has been presented to the Ci~y Council for its consideration a Petition for Annexation by John C. Ginn, concerning the following described tract located in Pitkin County, Colorado, uo wit: A parcel of land being par~ of the Riverside Placer, U.S.MfS. 3905 amended, Section 18, T10S, R84W of the 6th P.M. Said parcel is m~re~ fully described as follows: Beginning at a point from whence Corner $3, 99 Lode Claim, (brass cap an place), bears S.89°46'E. 255.59 ft.; thence B,06°23~ 31.04 ft.~ thence'N.85° 50'W. 217.24 ft.; thence N.06°23' W. 16.03 ft.; thence S.89°46'E 215.00 ft. to the point of beginning, said parcel containing .115 acres more or less, and WHEREAS, said petition signed by the applicants dated February 5, 1975, has been determined by City Council uo satisfy the requirements of Section 31-8-107 of the Colorado Revised Statutes, 1973, and WHEREAS, it is required by the Colorado Municipal Annexation Act that the City Council's determination of the substantial compliance of an annexation petition be by Resolution and therefore of record, NCW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: That the Petition for Annexation dated February 5, ~975. and s~bmitted by John C~ Ginn for annexation of the a~ove described property be~ ~nd hereby is, determined to be in substantial compliance with the requirements of Section 31-8-107 of Colorado Revised Statutes, 1973, the Colorado Municipal Annexation Act, and that finding is hereby made of record. was read by the City Clerk. Councilwoman Pedersen moved to adopt Resolution 95; Series of 1975, seconded by Councilman De Gregor~o. Roll call voue; Councilmembers Breasted, aye; Behrendt, aye; De Gregorio, aye; Pedersen, aye; Markalunas, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. Air Quality AIR QUALITY REPORT report Jim Roark the County Sanitarian recommended that we use the weather equipment put out by Climate, California. The projec~ is to collect surface data and it will include (1) wind-speed, wind direction, temperature, these records will be kept on an hourly basis over a 24 hour period. (2) The second collection of air pollutant data will be a carbon monoxide analyzer which is already in operation. (3) An emissions inventory that will include fireplace emissions, and commercial emissions. (4) And an evaluation of that collective data. Jim Roark mentioned that the State Air Pollution Control people have assured him that they will assist in every way they can; both technically in the installation of the equipmen~, replacement of the equipment and in the collection of the data from the pollutant monitoring data in correlation with the weather data. It is the advice of the State Air Pollution Control Division of Personnel that the equipment be placed within the City limits and when a meeting was held with the Historical Preservation Committee it was suggested thau it be put up on the roof of the City Hall. Mayor Standley told Council he had conuacted Region 12 of COG and there is money available for such a system. There is $100,000,000 uncommitted funds from EPA that has to be allocated by June 30. COG feels sure that they can geu the entire program funded for Region 12. Mayor Standley strongly suggested that Council let COG ge~ the program totether if they have the money located and the manpower ao go after this program. COG should be doing this for the City. They will be the granting agency and we will be the receiving agency. Mayor Standley told Council he felt it merited waiting three or four months for the money to have COG handle this program. Mayor Standley also told Council he would be taking all this information to Lee Woolsey, Region 12, Director of COG on Friday, February 28. RAIL TRANSIT Planner John Stanford told Council this subject would be covered in the City-County Clearinghouse on Thursday February 27, 1975. CITY MANAGER ~! 1) City Manager Mahoney addressed the subject of Council salaries. He and Finance Director Lois Butterbaugh had investigated salaries both for other Councils and corporate directors. Mahoney pointed ouu to Council the large amount of time spent and the consequence of the decisions they had had to make in the last year such as public utilities~ rates, ownership, transportation, zoning, parking problems, pos~ office, a four million dollar budget taxation~etc. The consequences of Council's decisions sometimes have great impact. What is the purpose of this question of increase of Council Council salaries. Mahoney told Council he felt it had to do with motivation. You couldn't pay salaries any one to take the time and responsibility for these decisions. ~ Mahoney asked if the present situation in Aspen, in terms of ~Council'compensati°n', I achieved a representative government. Are the people making the decisions representative of the City. Mahoney said he felt that people who could perhaps make a contribution to ~1 City Government are not doing so because they simply can't afford to, because of the constraints of income they are not allowed to.' Mahoney asked Finance Director Butterbaugh to look into how much board members of corporation receive to make similar decisions. This is not really a relevant question because they have are often stockholders and represent a monetary self-interest not paralled by Council members. Amount of time spent by board members in preparation for meeting inmost instances is significantly less than that spent by well-informed City Council members. Mahoney said he felt the City should strive for compensation in an amount that would give the City an opportunity to be served by people who could then afford to do so. Mahoney said he felt somewhere around $250 per month would allow more people to participate. Councilman De Gregorio asked what other Councils received; Mahoney answered between $25 and $300 per month. Councilman De Gregorio said people on most Councils make good salaries, you usually don't see someone on a City Council who doesn't have a job. Councilman De Gregorio said he didn't feel the salary was the determining factor. Councilman Behrendt added the problem was not with money but with time and availability. Salary is not the considera- tion, public service, a position of honor and public trust is the factor. Councilman Breasted mentioned that in his work he was paid by the hour. He said he would en3oy an opportunity to visit City Hall more often. Councilman Breasted said he felt the Government would be better if Council people had the opportunity to do that, but he just couldn't afford it. Mayor Standley told Council he felt that someone had to be willing to put in a lot of time, that a politician - at least one - had to be involved in the discussions a~nd administrative decisions. Otherwise you get a list of options that have been filtered through administrative considerations and not through political considerations. Mayor Standley also commented that the general public is getting shortchanged if some Council people are not willing to put in a time committment. The City could get more people willing to give time to the job if they were being renumerated for their time. More money is necessary, not as a motivator, but as a satisfier and a liberator. It g~ves one the opportunity to perform and to serve. i Councilman Breasted brought up the attitude of private affluence and public squalor; ~ people expect politicians to run for altruistic reasons. The Council is not talking ~ i about a lot of money nor ripping off the people. Councilman Breasted said Counoil should think about the positive things, people who would be able to afford to run for office and to do a good job. i Councilwoman Markalunas agreed with Councilman Breasted but felt this subject should have been brought up at budget time. Councilman Behrendt said the City had a well qualified staff, functional and doing their job and he didn't fee the City as a corporate structure needed seven or eight executives spending 25 hours a week. Councilman Behrendt said he felt the Council was here to sit in the open and make decisions so that the staff could run the City. Councilman Breasted said he didn't mean spending a lot of time in City Hall but talking to the people in the City, investigating ideas, following the dictates of one's conscience Councilman Walls remarked that t~e positions of Council and Mayor were never intended to be full time. Councilman Walls said he felt that when a person runs for office, it is a position to serve. When you raise the salar~ it becomes a situation where it seems more logical to spend all of your ~lme and get paid rather than really seriously, honestly wanting to serve the Community. Councilman Walls ~old the Council he did not put serving on a monetary basis but his willingness to offer his ability to the City. When you put a dollar amount on serving as an elected official, it becomes attractive to people in many instances who really don't want to serve. Councilwoman Pedersen told Council she felt they were dealing with some momentous and !l very heavy types of problems. These are problems which need a great deal of research. Councilwoman Pedersen said she didn't think anyone had in mind a "salaried" Council; but you can't negate the fact that there are some very real costs which can be commensur- ate with one's interests. A remuneration that would cover expansion of ideas, and education is a terribly important thing. The Council has a big job and a continuing job; to allow oneself to just put along for the four years and not keep up with the _ :~ educational process is a big mistake. Councilman Breasted asked whether the Council felt the question of raises should be put on the ballot this spring. Councilman Breasted indicated he felt it would be a useful discussion with the press and the public as to what they really wanted government to ~_~ be. Councilman Breasted moved to increase Council salaries to $250 per month and not differentiate between Mayor and Council; seconded by Councilman Behrendt. City Manager Mahoney pointed out to Council.he felt the Mayor ought to have either a higher salary or a very flexible budget allowance. Mayor Standley remarked that the City of Aspen was going to have to interact with other cities in Colorado more and more and some one person at the politician level should be traveling to various meetings and seminars. Councilwoman Markalunas said historically there had been a difference in the Mayor's and Council's salary and she felt that the difference is most appropriate. Councilman Breasted amended his motion to include a difference between the Mayor's and Council's salary; seconded by Councilman Behrendt. City Attorney Stuller repeated the motion, draft an Ordinance submitting to the electorate the question of raising Council salaries. Councilman Breasted said his motion was, let there be a raise to Council salaries. Councilman Behrendt said because he thoug~'the motion was to take the issue to the people, he withdrew his second. Councilwoman Pedersen seconded the amended motion. Councilmembers Pedersen, Markalunas, Breasted, Mayor Standley in favor; Councilmembers Behrendt, Walls, De Gregorior opposed. Motaon carried. LIGHTING AT THE WHEELER OPERA HOUSE Wheeler Oper~ House - Councilman Breasted mentioned he had noticed that the Wheeler Opera House was dark. The lighting building looks nice now that it has been re-done. Councilman Breasted asked if there was any interest in lighting the Wheeler and putting this into next year's budget. The Wheeler Opera House should stand out at night as a landmark and the beginning of the Mall. Councilwoman Markalunas pointed out she felt the electrical wiring within the building was more of a concern, but she would like to see lighting of the outside included an any overall plan. Mayor Standley suggested to Council waiting to find out the disposition of the Wheeler and then discussing how to use the $20,000 and perhaps hiring a lighting designer. When the Council finds out the disposition of the arbitration, seems like a more appropriate time to discuss the matter. TROLLEY SYSTEM Hans Gramiger appeared before Council and told them he had sent them all registered letters, a letter of intent that he may want to put in an electric trolley bus system. This is a system of old fashion trolleys no rails, very flexible - the routes can be changed, and it'can be run on a battery pack. CITY MANAGER 1) City Manager Mahoney reminded Council of the study session February 25, 1975 at 7:00 Budget p.m. to study the budget. Finance Director Butterbaugh will supply additional information. session City Manager Mahoney passed out a proposal by Pizzagalli. City Manager Mahoney wanted to and introduce the subjects to be discussed at the study session as a record. The Council will discuss particular issues in reference to the total budget. Pizzagalli 2) City Manager Mahoney announced that Christmas revenues were up this year 41 per cent over last year. 3) Lois Butterbaugh that the items to be discussed at the study session were those that had the special commitment in the budget. There will be a work sheet on ~hose. Finance Budget , "Be items Director Butterbaugh read from Resolution ~33 Series of 1974, it further resolved that in the event during the fiscal year of 1975, the City Manager 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 to the general fund and $38,000 to the land acquisition and sales tax fund." Finance Director Butterbaugh told Council she would submit a memo telling exactly what those are made up of. Other items that should receive consideration at this t~me are: Operation a) Operation I.D. that the police department is participating an; the I.D. City would feel it appropriate to make a commitment of $1,000, part of that be in-kind. Water r~ghts b) Study on water rights. One has been completed, there is another one planned. Police c) Police revenues will be decreased some measureable amount; the finance department is estimating some $40,000. revenues Midland d) Midland appraisal, which will run in the neighborhood of $6,000 to appraisa~ $6,750 that should be considered for appropriation. City Hall rocf e) Sixth Penny, there is the problem of the City Hall roof. and the Thomas Property Meadowood f) The Meadowood water line is one of the options that is in the water budget but as no~ a special priority item. This comes quite high in the City's needs. Post office g) Status of the post office situation. If the decision of the land post office goes to the Schottland property, there will be money needed to give water access, etc. If it goes with the City's land, then there will be no problem 4) City Manager Mahoney recommended to the Council that they accept the following people Mall Commission presently members of the Mall Cormnission, who are endorsed by the City Manager and the . reappoint- planning department as productive and enthusiastic commission members. The following ments are currently Mall Corcmission members: Nancy Snell, Don Fleisher, Mary Helen Cattell, Bert Bidwell, Grant Fiedler, Andre Ulrych, Curt Baar, Lary Groen. Kiefer Mendenhall and Werner Kuster were on the Mall Commission but have not re-applied. City Manager Mahoney asked Council to accept the people who are currently on the Mall Commission and wished to remain as a group. Applicants to be submitted are Louis Wille, Greg Franta, Sally Kahn, Marvin Jordan, Louis Pintowski for the two vacancies. Mayor Standley told Council no action on this subject could be taken until the second reading of Ordinance ~8, Series of 1975, which would be at the next Council meeting. 5) City Manager Mahoney announced a City-County meeting Thursday, February 27, at 5:00 p.m. in the Council Chambers. 6) City Manager Mahoney brought up the subject of annexation and told Council the City Annexation had been doing staff work on it. Silver King and Smuggler Trailer Court have been taken Silver King as a priority as City Government should manage people that are closely identified with Smuggler T.C. City problems. Mountain Valley The staff has looked at Silver King, trailer courts, Mountain Valley, Airport Business Airport Business Center, and Meadowwood. Center Meadowood The information on annexing Silver King and the trailer courts in terms of how many people, where they live, what kind of water, streets entailed, etc., as much economic data, cost data, population data so that the Council can decide what the cost would be to benefit from these people participating in the City Government. City Manager Mahoney asked Council whether they wanted a study session, question on the ballot, or just to wait until the people concerned came to the City asking for annexation. Councilwoman Markalunas said the Council had asked inumerable times what this cost data would be and indicated she was in favor of a study session so that the Council can get an objective decision. The study session was set for March 6, Thursday, at 7:00 p.m. oRDINANCE ~13, SERIES OF 1975 Ord. ~13 Councilman Walls moved to put this Ordinacne on the Agenda, seconded by Councilwoman Vroom Building Markalunas; Councilmember Pedersen, De Gregorio, and Mayor Standley opposed; motion carried. Roy Vroom told Council has proposed building had received Ordinance ~19 approval mn August of 1974. During that time there were three or four other buildings approved under Ordinance ~19 and they were included in Ordinance a50 allowing them to consider themselves to be approved under the new code when it was adopted. Inadvertently the Vroom building was not included in Ordinance ~50. Vroom is asking that his proposed building be considered with the buildings included in Ordinance ~50. Vroom further explained to Council that in the interim the Historic district was adopted which requires that full HPC procedure be following in order to get a building permit. Planner John Stanford told Council this proposal is consistent with the proposed zoning ~ code with the exceptmon of a recent revision, the service set back on the back of the buildings requiring a 10 foot strip. It does have a service access. The F.A.R. and parking requirement are consistent. City Attorney Stuller pointed out that the off-street parking requirement would be eliminated completely by the code as it now stands. Councilwoman Pedersen moved to read Ordinance ~13, Series of 1975, seconded by Councilman Breasted. All in favor; motion carried. ORDINANCE ~13 (Series of 1975) AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DISTRICT MAP THE "VROOM BUILDING" IF THE APPLICANT SHALL HAVE FILED HIS BUILDING PERMIT APPLICATION WITHIN FIFTEEN (15) DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE;° SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCTION OF THE EXEMPTED PROJECT WITH REASONABLE DILIGENCE was read by City Clerk. Peter Dillon Counsel for Vroom asked Council for a second reading before the study session on Tuesday the 25. City Attorney Stuller explained to Council this was established as an emergency Ordinance. Councilwoman Pedersen moved to have a second reading tomorrow night before the work session and also Council agreed to waive the requzrement of written notice, seconded by De Gregorio. Councilwoman Markalunas asked what the hardship was and why an emergency existed. Peter Dillon told Council that they felt this was an emergency ordinance because they can't get financing until a building permlt is obtained. Council did not accept this an an ermergency situation. Everyone was opposed. Motion NOT carried. Councilwoman Pedersen moved to re-consider Ordinance ~13, Series of 1975, seconded by ~ De Gregor~o; all in favor, motion carried. Councilwoman Pedersen moved to read Ordinance ~13, Series of 1975, as amended; seconded by Councilman De Gregorio. All in favor, motion carried Ordinance #13, Series of 1975, was re-read by the City Clerk. Ord. #5 ORDINANCE #5, SERIES OF 1975 Criminal Code City Attorney Stuller explained to .Council that this Ordinance made three changes in the criminal code. The first is the addition of discharging bows, blowguns. The Ordinance is also designed to make it illegal not just to have a deadly weapon but to display anything that might look like a deadly weapon. The third provision adds section 13-68 and is a very stringent requirement suggested by the former chief of police. This section makes it illegal to distribute any commercial handbills but can distribute non-commercial handbills into the hands of a receipient. City Attorney Stuller further explained that handbills under windshield wipers causes pollution. The section of the Ordinance makes it illegal for commercial handbills even to be handed to people. This section proposes to cut down the litter and the nuisance. Councilman Behrendt moved to read Ordinance #5, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE 45 (Series of 1975) AN ORDINANCE AMENDING SECTIONS 13-35 AND 13-51 OF THE ASPEN MUNICIPAL CODE AND ESTABLISHING A NEW SECTION 13-68 OF CHAPTER 13; WHICH AMENDMENTS PROVIDE FOR THE PUNISHMENT OF DISCHARGING BOWS, BLOWGUNS, SLINGSHOTS, GUNS OR OTHER DEVICES AT ANY BUILDING, VEHICLE OR PERSON OR IN ANY PUBLIC PLACE; WHICH ALSO PUNISHES THE BRANDISHMENT OF ANYTHING APPEARING TO BE A DEADLY WEAPON WHEN CALCULATED TO ALARM; AND PROHIBITING THE DISBURSING OR PLACEMENT OF HANDBILLS IN OR ON VEHICLES OR IN PUBLIC PLACES, BUT PROVIDING FOR DISTRIBUTING NON-COMMERCIAL HANDBILLS IF RECEIVED BY A RECIPIENT; AND IMPOSING PENALTIES OF NOT MORE THAN THREE HUNDRED ($300.00) DOLLARS OR NINETY (90) DAYS IMPRISONMENT ON VIOLATION OF ANY OF THE ABOVE was read by the City Clerk. Councilman Walls moved to adopted Ordinance 45, Series of 1975, seconded by Councilman Breasted. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; Markalunas, aye; De Gregorio, aye; Breasted, aye; Behendt, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #8, SERIES OF 1975 Ord. #8 Repeal Ord. City Attorney Stuller told Council this Ordinance repeals Ordinance ~57, Series of 57 - Mall 1974, and establishes the Mall Commission as a temproary commission which will ~ Commission dissolve December 31, 1977. This Ordinance does re-establish the perogatives the Commission had under Ordinance ~57, Series of 1974. Councilman Walls moved to read Ordinance 98; seconded by Councilwoman Pedersen. Ail in favor, motion carried. ORDINANCE 98 (Series of 1975) AN ORDINANCE REPEALING ORDINANCE NUMBER 57, SERIES OF 1974, WHICH ORDINANCE ESTABLISHED THE ASPEN MALL COMMISSION AS A PERMANENT COMMISSION WITHIN THE PURVIEW OF SECTION 8.2 OF THE CHARTER OF THE CITY OF ASPEN; ESTABLISHING IN LIEU THEREOF A TEMPORARY COMMISSION PENDING THE FINAL DEVELOPMENT OF THE MALL OR DECEMBER 31, 1977, WHICHEVER OCCURS FIRST; DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS; THEIR POWERS AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE MALL COMMISSION; AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE MALL COMMISSION IN EXERCISING ITS FUNCTIONS was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~8, Series of 1975, seconded by Councilman Walls. Roll call vote; Councilmembers Walls, aye; Pedersen, aye; De Gregorio, aye; Markalunas, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. Ord. #9 ORDINANCE 49, SERIES OF 1975 False Alarms City Attorney Stuller reminded Council that the concept in this Ordinance was discussed when Chapter 8-½ was amended. Ordinance ~9 gives the right to appeal to City Council upon revocation of a license for the alarm security. This Ordinance g~ves a standard right to appeal. Councilman De Gregorio moved to read Ordinance #9, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE 99 (Series of 1975) AN ORDINANCE AMENDING SECTION 8½-8 OF THE ASPEN MUNICIPAL CODE ENTITLED "REVOCATION OF LICENSE" (CONCERNING THE REVOCATION OF THE LICENSE OF A CENTRAL OFFICE EMERGENTY ALARM SYSTEM) WHICH AMENDMENT PROVIDES FOR AN APPEAL TO THE ASPEN CITY COUNCIL FROM A REVOCATION OF SAID LICENSE; DESCRIBES HOW TO PERFECT SUCH APPEAL; AND LIMITS REVIEW OF THE CITY COUNCIL ACTION TO A DETERMINATION AS TO WHETHER THE CITY COUNCIL HAS EXCEEDED ITS JURISDICTIO~ OR ABUSED ITS DISCRETION was read by the City Clerk. Councilman De Gregorio moved to adoped Ordinance ~9, Series of 1975, seconded by Council- woman Pedersen. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; De Gregorio, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~10, SERIES OF 1975 Ord. ~10 Endangered City Attorney Stuller told Council this Ordinance was an amalgam of a lot of separate Species thoughts. City Attorney Stuller also told Council she could not endorse Section 4 as our State Statutes provide penalties for people who abuse animals. The City Attorney felt that this section was too broad for us to deal with the problem, the causal relationship between trapping and selling the furs. Councilman Walls moved to send back the Ordinance to have it re-written to encompass only endangered species; seconded by Councilman Breasted. Councilman Behrendt suggested deleting sections 3 and 4, mostly because of their enforceability. Councilman Hehrendt also said if the City were going to have an Ordinance like this, the list of endangered species must be kept updated and available to the retailers. Richard Scales spoke to Council in defense of the Ordinance and more specifically section 4. Scales told Council he felt you could not have an endangered species Ordinance and not consider the cruelty involved in the trapping of these animals. Scales told the Council that the Environmental Task Force felt there was a moral question of the cruelty in the capture of these animals. One can't tell one way or the other if it is ranch breed or trapped. The Environmental Task Force would like Council to pass this Ordinance as they feel it is a chance for the City of Aspen to do something as an example. Councilman Behrendt asked about old racoon or old fox coats. Councilman Behrendt also asked what happened to guests coming into town with their fur coats when they didn't know of the existence of this type of Ordinance. Councilman Behrendt suggested the Ordinance read you cannot import for sale. City Attoreny Stuller objected to this section of the Ordinance because the obligation falls on the City to determine when animals are trapped or farmed. City Attorney Stuller also said she was not sure we were free to legislate in that area of morality. Councilman Breasted said he would like to pass a law that you can't sell any of these animals at all, but agreed with the City Attorney that the City may not be able to pass a law like that. City Attorney Stuller pointed out that a species was considered threatened when its continuance is important to the nation. That situation does not exist with racoons and the City cannot legislate to that point of finality. If the City is going to impose a criminal statute, then you define the crime, pinpoint the criminal and prosecute him. Ruffin Harris of Carbondale also spoke in defense of this proposed Ordinance. He told Council there was no law in Colorado protecting the animals from cruel treatment. We do have a moral right to protect animals from inhumane treatment. If an endangered species Ordinance is to be meaningful, we should add animals before they vanish, before it's too late to save them. Councilman Behrendt said the City had to put enforceable and workable laws on the books which will affect something. We should go back and re-write an Ordinance which we can enforce and support in the Courts. · Richard Scales told Council that because these animals, endangered or not, are taken ~I in a way that is cruel, the City should pass a law that prohibits sale and importation. Councilman Behrendt called a question. All in favor of Councilman Walls' motion except Councilman De Gregorio and Mayor Standely. ORDINANCE ~11, SERIES OF 1975 Ord. ~11 Zoning Code City Attorney Stuller told the Council they should have first reading of the proposed zoning code, read it with its existing imperfections and make the amendments at the public hearing, second reading on March 24. Councilman De Gregorio moved to read Ordinance ~11; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~11 (Series of 1975) AN ORDINANCE REPEALING CHAPTER 24, "ZONING" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, RE-ENACTING OR AMENDING CERTAIN SECTIONS THEREOF, ADDING PROVISIONS NOT PREVIOUSLY A PART OF SAID CHAPTER; INCORPORATING BY REFERENCE A REVISED ZONING DISTRICT MAP AND BY THE REFERENCE ADOPTING THE SAME; SAVING PROSECUTION AND PENALTIES FOR VIOLATIONS OF THE PREVIOUS SECTIONS WHICH VIOLATIONS OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING, IN ADDITION TO OTHER LEGAL REMEDIES, THAT FOR VIOLATIONS OF CHAPTER 24 THERE MAY BE IMPOSED FINES UP TO AND INCLUDING $300 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS Councilwoman Pedersen moved to adopt Ordinance #11, Series of 1975, on first reading; seconded by Councilman Brested. Roll call vote; Councilmembers Pedersen, aye; Markalunas, aye; De Gregorio, aye; Breasted, aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #12, SERIES OF 1975 Ord. ~12 Charter City Attorney Stuller explained to Council that was an Ordinance to put a Charter Amendment on the May 1975 ballot changing the installment contract procedure and allow Amendment Long-term the City to engage in installment contracts not beyond the life of the property. · iinstallment ~ontracts Councilman Walls moved to read Ordinance ~12; seconded by COuncilman De Gregorio. All in favor, motion carried. ORDINANCE #12 (Series of 1975) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 6, 1975, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY PROVIDING THAT THE CITY MAY ENTER INTO LONG TERM INSTALLMENT CONTRACTS, RENTALS AND LEASE HOLDS was read by City Clerk. Councilman Walls moved to adoped Ordinance #12, Series of 1975, seconded by Councilwoman Pedersen. Roll call vote; CoUncilmembers Walls, aye; Degregorio, aye; Behrendt, aye; Breasted, nay; Markalunas, aye; Pedersen, aye; Mayor Standley, aye. All in favor, motion carried. Ord. #66 ORDINANCE #66, SERIES OF 1975 Movable Structures City Attorney Stuller reiterated that the building code does not recognize movable (Popcorn structures. The City Manager went to the HPC and Mall Commission for comments and they Wagon) sent the problem back to the Council. Councilman Walls objected to an Ordinance allowing the Popcorn Wagon to stay, This would open the way to having a portable City in Aspen. By allowing this legislation you are creating a restaurant that can be picked up and moved overnight. It is going to create special interest situation in regard to restaurants which would allow restaurants to operate on a temporary basis. City Attorney Stuller opinioned that the City should treat everyone equally, fairly and on the same plane. This legislation would allow the Popcorn Wagon to engage in an opportunity that no one else in the City can engage in. Councilman Behrendt moved to read Ordinance #66, Series of 1974; seconded by Councilman De Gregorio. All opposed except Councilman Behrendt, motion NOT carried. RESOLUTION #6, SERIES OF 1975 Res. #6 Minimum Wage This Resolution was drawn up on request of Councilman Breasted and the Council. City Attorney Stuller planned to send this resolution to the new director of the State Department of labor to request a higher minimum wage. Councilman Walls moved to read Resolution ~6, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION #6 (Series of 1975) WHEREAS, the cost of living characteristics of the City of Aspen have been of continuing concern to the City Council, with specific concern being directed to employee wages and housing, and WHEREAS, The City Council wishes to adi the Colorado Department of Labor in its anticipated action to request of the General Assembly an increase in the miniumu wa~e for the entire State of Colorado, and WHEREAS, the City Attorney has been advised that a resolution of record in support of this action will aid the Department in its request, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby endorse and strongly support any action on the part of the Department of Labor to encourage the legislative adoption of an increased statewide minimum wage, at least comparable with that imposed by the Federal Government. was read by City Clerk. Councilman Walls made a motion to adopt Resolution #6, Series of 1975, seconded by Councilwoman Pedersen~ All in favor, motion carried. RESOLUTION ~7, SERIES OF 1975 Res. #7 Passthrough Councilwoman Pedersen moved to read Resolution ~7, Series of 1975, seconded bY Councilman Funds COG Walls. All in favor, motion carried. RESOLUTION 97 (Series of 1975) WHEREAS, the Northwest Colorado Council of Governments at their January 18, 1975, meeting authorized allocation of up to Fifteen Thousand ($15,000.00) Dollars of 701 funds to be made available for pass-through to local entities, and WHEREAS, monies made available under this action are federal monies and must be matched with non-federal sources in the amount of one-third (1/3) of the total contract cost, and WHEREAS, the City of Aspen applied for the sum of Three Thousand ($3,000.00) Dollars to fund an inventory of local housing to aid City and County planning efforts, and WHEREAS, the City Council wishes to complete its application by making of record its commitment to, if it should receive an award of 701 monies, match the same, to the extent of one-third (1/3) thereof, % Aspen City Council February 24, 1975~ Regular Meeging NOW, THEREFORE, BE IT RESOLVED BY 'THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby commit the City of Aspen to provide matching in-kind or cash services to any funds received pursuant to the application hereinabove described and equal to one-third (1/3) of such fund proceeds received. was read by City Clerk. Councilwoman Pedersen made a motion to adopt Resolution ~6, Series of 1975, seconded by Councilman Breasted. All in favor, motion carried. Councilwoman Pedersen moved to adjourn; seconded by Councilman Walls. All in favor, motion adjourned at 9:15 p.m. Kathryn~. Hauter, City Clerk Continuation of Page 1706 Don Giovanni's continued Councilman De Gregorio pointed out that should be the hotel's function. Councilman Behrendt moved to approve the liquor extension 250 square feet downstairs and to the swimming pool; seconded by Councilwoman Markalunas. All in favor with the exceptior of Councilwoman Pedersen; motion carried. Councilwoman Markalunas stated she wanted a better definition of the lobby-lounge area. Councilman Behrendt asked for comments from Building Inspector Meyring before considering his area. Councilman Behrendt moved to table this portion of the extention; seconded by Councilwoman Markalunas. All in favor except Councilman De Gregorio; motion carried. 620 HYMAN1BUILDING 620 Hyman Building Planner John Stanford introduced the project to Council and told Council that the building re-design was presently over the F.A.R. according to the recommended zoning code. Don Fleisher want~ to re-design the building which will need a new building permit. Fleisher is requesting the same provisions granted to him under Ordinance 950. Does the Council want a better building. If the parking requirements are done away with and open space is utilizied, it is an esthetic judgment for Council. Fleisher will have to include the new 10 foot set- back requirement along the back of the building~ Don Fleisher presented a model of the 600 East Hyman block to Council and showed them his proposed building was totally out of scale and character with the buildings presently ther~ He wished to re-design the building to bring it into scale with the block. Councilman Breasted said he was fully in favor of the idea but wanted some drawings or plans to look at. Councilman Breasted also pointed out that since the 620 Hyman Building was approved under Ordinance #50, they could build what was approved right away. Councilman Walls said they had a deadline to meet and if the Council lets the deadline drop and let Fleisher re-design the building the rest of the building that have other buildings under Ordinance 950 might want to re-design also. Fleisher told Council that it was strictly a matter of social conscience that he wanted to re-design. Mayor Standley asked Fleisher why he didn't volunteer to build under the new zoning code. Fleisher said that would cut out too much of the building and would limit him economically. Planner Stanford reiterated approval of this building under Ordinance 950 and this decisio boils down to an esthetic one. Stanford's stand is to give another chance on this buildin~ Councilwoman Markalunas asked City Attorney Stuller the legal ramifications of this decision. City Attorney Stuller told Council this would take another ordinance and would be a piece of special legislation. City Attorney Seuller asked Council if there was any social gain to be made by this exchange. Councilman Breasted made a motion to direct the City Attorney to draft an ordinance which would allow addition time for Fleisher to submit plans for review and give him immunity from the zoning code. No one seconded, motion dies. Councilman Walls asked Fleisher what difference the new design would make in terms of ? square footage, open space, etc. Fleisher told Council there would be more open space and the building would be a full story lower. Yank Mojo, Planning Department, told Council that Fleisher was willing to re-draw the plans and still hit the April 15th dead- line limit granted under Ordinance ~50. (End of section o~ page 1707) Kathry~ S. Hauter, City Clerk Corrections to the minutes of February 10, 1975, page 1702, paragraph 3 line 4 should read: " adopted the Council felt that a public agency should NOT subsidize what is . "