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HomeMy WebLinkAboutminutes.council.19750512Mayor Standley called the regular Council meeting May 12, 1975, to order at 5:15 p.m. with Councilmembers Behrendt, De Gregorio, Markalunas, Walls, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilman Behrendt moved to approve the minutes of March 31 and April 14, 1975, as submitted; seconded by Councilman De Gregorio. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Behrendt moved to approve the, April accounts payable as submitted; seconded by Councilman Walls. All in favor, motion carried. CITIZEN PARTICIPATION Bill Gruenberg told Council the Community School was going to hold a fair on the Rio Grand6 Community property Friday May 16 at 3:00 p.m., Saturday May 17 at 10:00 a.m. and Sunday, May 18 at School - fair 10:00 a.m. The fair will consist of merry-go-round, ferris wheel, kiddie rides, crafts and fOod booths. This would be a fund raising activity for the Community School. Bill Ashcroft will provide the City with a one million dollar certificate of insurance. Gruenberg asked that the City would grade the Rio Grande property in such a way as to allow them to set up the rides. Councilwoman Pedersen arrived. Councilman Behrendt moved that the City Manager accommodate these particular groups as best as he could; seconded by Councilman Walls. All in favor, motion carried. 1) Hans Gramiger brought up the wording of the original Resolution 915, Series of 1975, Transit and the minutes of the March 24, 1974, Council meeting. Gramiger pointed out that the REsolution original resolution and the wording on the ballOt question about the light rail transit were not the same. The ballot question used the words "shall refuse" but that was not indicated in the original resolution. Councilman Breasted came in. Gramiger told Council he felt this change of words should be investigated. City Attorney Stuller said that the word "refuse" was brought up at the Council meeting and Gramiger could listen to the tape of that meeting. 2) John Stoller, representing the Aspen-Pitkin County Bicycle Committee, told Council Condition of that Main and Mill Streets are in need of repair. There is a lot of gravel on the streets streets and the City should sweep up this excess gravel. Mayor Standley told Stoller that the City had two sweepers working fUll time trying to catch up with these problemS. 3) Ross Dolan noted that there were a bunch of holes in the bicycles paths through the Rio Grande and out toward the golf course. Mayor Standley said those bicycle paths were the County's paths and that they were trying to fix them. COUNCILMEMBER COMMENTS 1) Councilman Behrendt mentioned the memorandu~ from City Attorney Stuller about the Thoma property and asked if this were the appropriate time to bring this up. City Attorney StulleI answered that the Engineering Department wants to change the configuration of the land. This item would be on the agenda for the next meeting. 2) Councilman Breasted brought up the DRG meeting he and MayOr Standley attended in i Moffat Denver. Councilman Breasted suggested that Aspen and Pitkin County might like to attempt i tunnel to become part Of the Moffatt Tunnel district and requested that City Attorney Stuller look into that. 3) Councilwoman Pedersen asked if the 'City were planning to do something about the still Rio Grande - life arrangement of junk buses, cars, and trailers on the Rio Grande Property. Mayor junk Standley told Council that the City's part of the property had been entirely cleaned up and the junk was all on private property. Councilman Behrendt asked if the City had an Ordinance to do something about that situation. City Manager Mahoney said he knew the status of the junk cars and unless the trailers were in violation of a zoning code, there was nothing he could do. Mahoney told Council he would get rid of the buses. 4) Councilman De Gregorio wanted to re-enforce the problem brought up about the bicycles. Condition of HighWay 82 in front of the Playhouse (600 block east) is absolutely a wreck and De Gregori¢ Main St. suggested City Manager Mahoney get in touch with Mr. Prosence to see what could be done about it. 5) Councilman De Gregorio requested a report f~om the City Manager about the drug center (Open Door) at the golf course. City Manager Mahoney said this was scheduled for later on the agenda. 6) Councilman De Gregorio told Council a group of students from Aspen High School, calling VICA themselves VICA, industrial crafts and auto mechanic students, went to the state compe- endorsement tition and won. This group is going to Washington D.C. to compete. They are trying to raise money. Councilman De Gregorio said he would like to see the Council donate money to these kids to help them on their way to Washington D.C. Mayor Standley asked if De Gregorio had a specific proposal. Councilman De Gregorio said any funds would help. Finance Director Butterbaugh told Council there were no unappropriated fundS available at all. Councilman De Gregorio said this group wasn't going until June and he would get together with Butterbaugh and see if they could locate any funds at all. 1765 Regular Meeting Aspen city Council May 12, 1975 Councilman De Gregorio requested a resolution of commendation for this group from Aspen High School. Vending in 7) Mayor Standley brought up vending licenses, for example, selling sandwiches in the -the city mall and said the City didn't have anything to deal with this, for it or against it. The Council needs a mechanism for dealing with this specific thing. City Attorney Stuller said there is a technicality in the new code which prohibits vending unless an agency or department grants a permit for it. In the mall, it would be the Mall Commission; the parks it would be the Parks and Recreation direction. Mayor Standley indicated he felt this was a total violation of everyone else's rights and he thought vending this way was a bad idea. City Attorney Stuller said selling on the public right-of-way was a totally different concept. Mayor Standley said he would lik~ this question resolved in-house. AVVNA - ASPEN VALLEY VISITING NURSES ASSOCIATION - Alcoholic Program in Mall Alcoholic Program in Gene Sahn of the AVVNA told Council they were planning an alcoholic awareness day to be Mall held this summer in the mall. The AVVNA does have the approval of the Mall Commission. This program would involve a drama, there would be five people coming from Denver to put on this play. The only problem is finding accommodations and $20.00 worth of travel money for them. The play itself is free. Councilman De Gregor~o pointed out that the Council had already donated money to the AWNA. Gene Sahn answered that this money was already spent and the alcoholic awareness program had not been part of their budget. Mayor Standley told Sahn that the City did not have any money. Sahn asked about the possiblity of accommodations for these people. Mayor Standley told her to get together with him to see what could be worked out either financially or with accommodations. Aspen ASPEN FOUNDATION FOR THE ARTS Special Event Permit Foundation for the Arts King Woodward p~esented applications for two special event permits, one for the Hotel Special Jerome basement for Sunday June 15, one for the Continental Inn for Friday, 3une 13. Event Permit Councilman Behrendt moved to approve the applications; seconded by Councilman Walls. City Attorney Stuller reminded Council that the bar facility installed without a building permit or without a plumbing permit; at the Continental Inn. King Woodward asked the Council what the services (amounting to $1,600) the Council had donated to the Aspen Foundation for the Arts meant. Could the Foundation use City people to haul chairs and use City trucks- to haul these chairs, and people to clean the Hotel Jerome. Mayor Standley said that is exactly what the City meant. King Woodward asked permission to put a sign up over the entrance to the Rampage to direct people there and asked if he needed a sign permit. City Attorney Stuller told him he d~d not need a sign permit if the sign was merely directional. Councilman Behrendt moved to apporve the permit for the Hotel Jerome; seconded by Council- man Walls. All in favor, motion carried. City Attorney Stuller wen~ over the history of the problems at the Continental Inn. The owner had put an extension of the lodge area which was done without a permit. The Continental got a variance from the Board of Adjustment and promised that the e~tension would never be used for commercial purposes. Don Giovannls asked for an extension of the liquor license. The City Council rejected this liquor license extension because of the earlier promise. Councilman Behrendt moved to approve this permit conditioned upon the granting of a plumbing permit; seconded by Councilman Walls. Councilwoman Pedersen asked Woodward if they could not find another location. Woodward answered that they had looked into a lot of places and this one had a large enough space and was available. Woodward told Council they would put up a folding table or use the existing bar as a dry bar just for that one day. All in favor, motion carried. Aspen Pizza ASPEN PIZZA COMPANY - Purchase and Sale Company Purchase & City Attorney Stuller told Council this was a stock transfer but a transer of all the stoc~ Sale so that it is a purchase and sale arrangement. The Articles of Incorporation, the Trade Name Affidavit and a form 18E need to be incorporated into the files. These were all given to Council by David Slemon, Attorney for the Corporation. The 18E shows the liquor licensed premises as a modified space from the existing liquor licensed premises. David Slemon pointed out to Council that this was no~ a new application but merely a transfer from existing corporation of stockholders to a newly formed corporation which is Aspen International Restaurants, Inc. Butch Clark and Dick Fitzgerald will each own one-half of the outstanding stock of the new corporation. This sale will close May 20, 1975, and the transfer of the liquor license is a condition of the sale. David Slemon presented character references, financeial statements and credit reports for his clients. Slemon also presented drawings to demonstrate to Council how the bar would be changed. Fitzgerald Realty would move from the back to the street and the restaurant would move to the former real estate office. The bar itself and the kitchen were not being changed. 1766 ~u!ar Me~ting Aspen City Council May 12, 1975 Slemon also advised the Council that the manager of the operation would be Frank Goldsmith who in the future may purchase some of the stock. Councilman De Gregorio asked if the Council could okay the changes in bar location. City Attorney Stuller said that the Counci could okay the form 18E to the State along with the stock transfer. ~ Councilwoman Pedersen moved to approve the transfer of stock contingent upon receipt of a certification from the Secretary of State; seconded by Councilwoman Markalunas. All in favor, motion carried. City Attoreny Stuller pointed out they would no~ get their license from the State Until they had a certificate. MAYOR'S DEED - Third Generation Mayor's Deed Mayor Standley introduced the Mayor's deed ~o Third Genera~ion Inc., for the north one-half of lots A, B and 3rd Generation · c block 100, City and Townsit~ of Aspen, Colo~ado.~ Co~n~iwom~n Markal~nas moved to approv~ the Mayor signing the deed to Third Generation, Inc.; seconded by Councilwoman Pedersen. Ail in favor, motion carried. MINE COMMISSION MALL LEASE Mine Commission Mall lease City Manager Mahoney told Council that the Mall Commission, after discussing this lease, came to a motion, "Baar moved to extend the lease on the Mine Company extension through October 31, 1975, with the following provisions; (1) sidewalks remain open to the public (2) present materials defining the occupancy area be allowed to remain (3) the rate for the lease to be determined by Council with consideration for Resolution #16; seconded by Fleisher. Ail in favor, motion carried.'~ Louis Pintkowski, manager of the Mine Commission Restaurant, told Council it was his understanding that the Council was in favor of serving liquor. Pintkowski said they needed a ruling from Chuck Dotson to see what he would agree with. Until then, the Mine Commission plans to continue serving liquor as they had in the past. Mayor Standley suggested having Chuck Dotson, City Attorney Stuller and City Manager Mahoney getting together to see where Dotson stands on this issue. Ron Riley of the Mine Commission told Council they would like to keep the width of the sidewalk up to the wall open so that it looks like a continuing sidewalk. City Attorney Stuller pointed out that a permit was just issued to Incredible Edibles with a 6 foot passageway. The Mine Commission wants to extend their present lease until October 31, 197~ with a rent of S3.00 per year prorated for that period of time. Mayor Standley suggested waiting to set the rent rate until Resolution ~16 is passed by Council. City Attorney Stuller advised that the only other condition is a 6 foot public passage subject t¢ approval by the liquor inspector. Councilwoman Pedersen indicated she felt very strongly about liquor service and said she would like ~o talk about it when Resolution ~16 comes up. Ron Riley said they intend to try and be flexible to satisfy Chuck Dotson and have something other than a brick wall and also comply with the lease. Riley said he would like to see included that the restaurant does have flexibility of complying with whatever minimal standards the liquor inspector has. Councilman Breasted said he would like to see the sidewalk remain open. Grant Fiedler of the Mall Commission said as a result of the study session with the Mall Commission and the Council they agreed they would like to see open passageway maintained. If the State liquor inspector didn't like that, then people could put up swinging doors. Mayor Standley said the Mall Commission should have a meeting with Chuck Dotson, the state liquo] inspector, to work out the whole thing. Councilwoman Pedersen pointed out that there were certain constraints the State liquor inspector had made on these premises. Councilman Breasted wanted the Mall Commission to make the State liquor inspector is aware of the suggestion that-all restaurants be allowed to extend. Councilwoman Pedersen moved to extend the Mine Commission's lease in the Mall; seconded by Councilman Breasted. This is condition upon the lease until October 31, 1975, and a newly approved rental rate as defined in the adoption of Resolution 916, Series of 1975, and the request to keep sidewalk open 6 feet and still satisfy liquor requirements of Chuck Dotson. All in favor, motion carried. Ute Trail UTE TRAIL ALIGNMENT alignment Mayor Standley told Council there had been an on-site Inspection of this trail alignment. Councilwoman Pedersen moved to approve the alignment; seconded by Councilman De Gregorio. All in favor, motion carried. CITY ATTORNEY CONTRACT City Attorney contract City Attorney Stuller told Council that she would like to keep the elements of the contrac- the same but would prefer not to renew her contract for a year. She would rather continue working for the City and the Council on a gentleman's agreement basis~ with a termination ~ on either side that would give reasonable notice, enough time to make sure that pending litigation is not endangered. Mayor Standley said he would rather have a contract; Councilman De Gregorio a~reed. Mayor Standley confirmed that the Council recognizes that the current contract has lapsed. 176,7 R~ular Mee~in~ .... Aspen~C~tv ~o~ci! ...... May 12, 19.7~. Councilwoman Pedersen moved to allow the continuation of expenditures under the approved budget for the City Attornsy; seconded by Councilman Behrendt. All in favor, motion carried. Employee EMPLOYEE SURVEY survey Mayor Standley told Council this item was removed from the agenda until a written report is submitted. Larry Simmons, Urban Economist, reminded Council he and Yank Mojo had passed out questionaires to 1,783 employees who had purchased a discount ski pass and asked questions about housing, income, where they lived and the aspects of transportation. Simmons said he would have the results in July. STUDY SESSION P & Z AND COUNCIL Mayor Standley suggested putting this study session off until the new Council takes office~ PLUM TREE TENNIS COURTS Tennis Courts City Manager Mahoney explained to Council that the original agreement between Council and Plum Tree the Plum Tree was that they would build courts and the City would operate them and the money would be used to pDy off the debt that Plum Tree incurred to build these courts. This was scheduled for three to four years. The new a~reement gives the Plum Tree until November 1980 to pay for the courts. The Plum Tree is bearing the risk for this venture, and at the end of this period, the City gets the tennis courts back. If the Plum Tree pays for the courts earlier, we get them back earlier. There is no profit for them in this new agreement, it just reduces the risk. Councilman De Gregorio asked what the debt service was, $40,000 over five years. City Attorney Stuller explained that the City takes out the proceeds it will cost to maintain and operate the courts. We will then give them everything we make except what it costs to maintain and operate. Councilman Walls moved to read Resolution 21, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION ~21 Res. 21,197~ (Series of 1975) Tennis Courts at WHEREAS, the City Council did by earlier resolution, approve the Plum Tree entry by the City into a cooperative agreement with the Number Two Main Corporation for the construction of five (5) tennis courts, providing for reimbursement to the corporation (from tennis court user fees) for the cost of construction, and WHEREAS, the corporation has requested that the terms of the agreement be amended to provide for an extended pay-ou5 period, and Council wishes to accommodate this request, NOW, TREREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That~ it does hereby ratify and approve the amended Cooperative Agreement between the City of Aspen and Number Two Main Corporation, attached hereto and incorporated by this reference, which agreement shall supersede that earlier approved and stand in lieu thereof. was read by the City Clerk. Councilman Walls moved to approve Resolution ~21, Series of 1975, seconded by Council- woman Markalunas. All in favor, motion carried. REPORT FROM OPEN DOOR Open Door - Drug Charlie Baker, head of Open Door, reported to Council they had started hiring staff in Center February and had trained staff and volunteers and waited for physical facility to be remodeled in February and March. On April 1, they opened up the 24-hour crises line. Baker told Council they had had 125 calls in the month of April. This number actually doesn't mean too much as many of them were basic information calls. The face-to-face outreach workers contacted 219 people. Twenty-two people contacted in face-to-face relationships had some type of drug problem. One hunderd-eleven people contacted had some type of family related problem. The target population range as stated in the contract is 10 to 20 years; 35 per cent of the people were in the target population. Charlie Baker informed Council that the Open Door was looking at probably a much stronger narcotic and synthetic narcotic problem than was realized last fall. The detoxification rate is 50 per cent higher than predicted. They had predicted one a month to the state and th'e Open Door saw two last month. Mayor Standley asked if the Open Door had been sharing information with the Police and Sheriffs departments. Baker said the only information they were sharing is what kinds of things the Open Door is doing. The Police and Sheriff's Department have been referring people to the Open Door; the Sheriff's Department even dropped some people out there. The cooperation with the law enforcement agencies is working and developing even closer. Baker told Council~ he could share no information with the law enforcement agencies. Councilman Behrendt said he had heard that the money from the state was slow coming in. Baker said yes it was; the Open Door was on contract, not a grant, and they bill the state for services provided and the state reimburses them. Councilman Behrendt asked if Open Door wanted Council's assistance; Baker said yes. Regular Meeting Aspen City Council May 12, 1975 Councilman Behrendt asked if the Food Stamp people were renting space at the Open Door. Baker said yes and that he had to get together with City Manager Mahoney to figure out where the funds should go. Councilman Behrendt pointed out that this was not intended to be in the contract and anything like this, subleasing, should go through the Council. Baker mentioned that through the Food Stamp program the Open Door was coming in contact with people that maybe otherwise would not come in. Mayor Standley asked if Open Door was interested in continuing with the Food Stamp people and if they are interested they should get together with City Manager Mahoney and put this on the agenda for the Council to con- sider it formally. Baker told Council that the contract with the State was up July 1 and he would like a letter of support from the Council. The match is running 50 per cent from the City and Touchstone. Councilwoman Pedersen moved for a letter of endorsement; seconded by Councilman De Gregorio. All in favor, motion carried. Councilman De Gregorio asked if some information came up involving a large quantity of narcotics, couldn't Baker share this with law enforcement agencies. Baker said it was against the law, that he couldn't share this type of confidences. RIO GRANDE PROPERTY Rio Grande City Manager Mahoney told Council he had been in touch with the post office people and Sherrick. They were going to do another evaluation of their space needs and would like to meet with Council for the first meeting in June. They have requested a study session with Council at 1:30 p.m. that day (June 9). ORDINANCE ~27, SERIES OF 1975 Ord.27,1975 City Manager Mayor Standley opened the public hearing, vehicle Councilman De Gregorio said he fel~ the Blazer was not a reliable car. He had heard this from people who owned them and sold them. Councilman De Gregorio asked City Manager Mahoney to volunteer to look for another car. City Manager Mahoney said he would look into something else, that he was open about the choice. Mayor Standley closed the public hearing. Cocu~ncilman De Gregorio moved to table Ordinance ~27, Series of 1975; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE #30, SERIES OF 1975 )rd.30,1975 Streets, Mayor Standley opened the public hearing. Sidewalks etc. City Engineer Dave Ellis pointed out two minor changes to the Council. On page 17 paragraph (2) 0 Office zone should be deleted to read 0 office and 0-2 to concur with the zoning code. This would allow 18 foot curb cu~s in the 0-2 zone also. On page 17 paragraph (f) the phrase, "anything to the contrary notwithstanding" should be added with reference to driveways or curb cuts on highway 82. Councilman Behrendt said he felt the requirements for sidewalks are a bit heavy handed as one gets further away from the downtown core. Ellis said if there is room for a 5 foot sidewalk without destroying some valuable landscape then a sidewalk should be built. A 4 foot sidewalk is absolutely minimum. Councilwoman Breasted asked the reason sidewalks were not included in Snowbunny and Riverside subdivisions. Ellis said one of the reasons not to include sidewalks is that it would change the character of the neighborhood. Sidewalks are desirable from the drainage standpoint and control of traffic if there is a curb and gutter. In many places it just is not feasible to work this in with the right-of-way we have now. The second reason is in areas that have been totally untouched, it would be better to approach all at one time. If you construct everything at once, you subtly change the character of the neighborhood. Councilwoman Markalunas asked if sidewalks could abut the curb areas. Ellis answered they would encourage that in commercial and office areas but it would depend on the landscaping. Ellis said he felt in residential areas sidewalks should be setback a bit. It is more pleasant to have them away from the traffic. Nothing precludes putting the sidewalks against the curb. Lynn Gruzen asked about having sidewalks in the Snowbunny area with all the pedestrian traffic. Ellis said he felt the City is making a very definite attempt to provids other pedestrian routes in that area. Councilman De Gregorio asked about a provision for side- walk on Mill Street. Ellis said it was left out because the right-of-way is not adequate and also for the two basic reasons he listed before. Councilman Breasted felt that Cemetery Lane ought to be included in the sidewalk plan. Ellis said he felt that if the City is going to sidewalk that area, we ought to do it all at once. Ellis said a sidewalk alone does not function very well without a curb and gutter. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance 930, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. Ord.30,197~ ORDINANCE ~30 streets, (Series of 1975) sidewalks, etc. AN ORDINANCE REPEALING ARTICLES I, III, IV AND V OF CHAPTER 19, OF THE MUNICIPAL CODE, CONCERNING STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTY, AND REENACTING THE SAME WITH AMENDMENTS; ESTABLISHING DEFINITIONS FOR THE CHAPTER; PROHIBITING CONSTRUCTION IN RIGHTS-OF-WAY WITHOUT CITY COUNCIL APPROVAL; ALLOWING STORAGE ON RIGHTS-OF-WAY ONLY WITH THE APPROVAL OF THE CITY ENGINEER; CONCERNING DANGEROUS STREET OPENINGS; PROHIBITING INTERFERENCE WITH STREET EXCAVATIONS AND SAFETY DEVICES USED IN CONJUNCTION THEREWITH; PREVENTING WATER DRAINAGE ONTO RIGHTS-OF-WAY AND REQUIRING SNOW CLEARANCE BY ABUTTING OWNERS; ESTABLISHING REQUIREMENTS AND PROCEDURES FOR EXCAVATIONS WITHIN RIGHTS-OF-WAY ( INCLUDING USE OF SAFETY DEVICES AND EXCAVATION TECHNIQUES, BACKFILL REGULATIONE); DESCRIBING WHEN SIDEWALK, CURB, AND GUTTER IMPROVEMENTS MUST BE MADE; SETTING OUT DRIVEWAY AND CURB CUT SPECIFICATIONS; IMPOSING RESPONSIBILITY FOR REPAIRING HAZARDOUS SIDEWALK, DRIVEWAY, CURB AND GUTTER CONDITIONS; PROVIDING FOR REGULATION OF LANDSCAPING ON PUBLIC RIGHTS-OF-WAY; AND DELETING SECTIONS 19-150 OF ARTICLE VII OF SAID CHAPTER 19. was read by the City Clerk. Councilman ~De Gregorio moved ~o adopt Ordinance ~30, Series of 1975, on second reading; seconded by Councilman Breasted. Roll call vote; Councilmembers Breasted, aye; De Gregorio, aye; Markalunas, aye; Pedersen, aye; Behrnedt, aye; Walls, aye; Mayor Standle, , aye. All in favor, motion carried. USE AND FACILITIES AGREEMENT Use and Facilities City Attornley Stuller explained that this was establishing use and employees time contract agreement with the M.A.A. for the City's computer. Mayor Standley said this was a good thing in M.A.A. - terms of getting more use out of the computer and also cuts down the City's costs. city computer Councilwoman Pedersen moved to approve the agreement; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE #31, SERIES OF 1975 0rd.31,197 Statute of City Attorney Stuller advised Council this was the City's first attempt to put a statute limitations of limitations on criminals actions. The City has no period beyond which criminal prosecution can be eliminated. This Ordinance will be most helpful in terms of traffic violations. Councilwoman Pedersen made a motion to read Ordinance ~31, Series of 1975, seconded by Councilman Walls. Ail in favor, motion carried. ORDINANCE ~31 (Series of 1975) AN ORDINANCE ADOPTING A STATUTE OF LIMITATIONS FOR CRIMINAL PROSECUTION OF MUNICIPAL CODE VIOLATIONS, AND ESTABLISHING THAT PERIOD OF LIMITATIONS AS ONE(l) YEAR. was read by the City Clerk. Councilman Walls made a motion to adop~ Ordinance ~31, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Councilman De Gregorlo asked if all Municipal Code violations were being taken care of here. City Attorney Stuller said she checked with the Police Departmen~ and Municipal Court on the Statute of Limitations. This Ordinance means you have to initiate prosecu- tion, not necessarily come to trial, within a year. Councilwoman Markalunas asked if this took care of zoning and housing violations. City Attorney Stuller said this was just for criminal code violations. Roll call vote, Councilmembers Walls, aye; Pedersen, aye; De Gregorlo, aye; Markalunas, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. REs.19,197 RESOLUTION ~19, SERIES OF 1975 adoption of side- City Attorney Stuller told Council this was a compliment to Ordinance ~30, Series of walk plan 1975, which approved the sidewalk plan. Councilman De Gregorio made a motion to read Resolution ~19, Series of 1975, seconded by Councilman Breasted. All in favor, motion carried. RESOLUTION #19 (Series of 1975) WHEREAS, The City Council has recently adopted subivision, zoning right-of-way provisions calling for the construction of sidewalks, curbs and gutters in areas of the City when designated on an adopted sidewalk, curb and gutter plan, and WHEREAS, the City Engineer has presented the City Council with a proposed plan and the Council wishes to approve and adopt the same for use in implementing the subdivision, zoning and other code provisions referencing mandatory sidewalk, curb, and gutter improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That it does hereby approve and adopt the attached Sidewalk, Curb Gutter Plan, incorporated by this reference, and authorize its use in the implementation of all relevant City Ordinances or codes making reference to such plan or authorizing the City Engineer to require such improvements. was read by the City Clerk. City Engineer Ellis added to the legend, "Permanent Mall - sidewalk, curb and gutter ~ requirements within this area shall be subject to review and may be modified in order to achieve the design objectives of the mall." Councilman Behrendt made a motion to adopt Resolution ~19, Series of 1975; seconded by Councilwoman Pedersen. All in favor· motion carried. RESOLUTION ~20, SERIES OF 1~75 Res.20,1975 endorsing councilman Walls made a motion to readResolution #20, Series of 1975; seconded by Councilman Breasted. Quicksilver All in favor, motion carried, service RESOLUTION #20 (Series of 1975) WHEREAS, Aspen Airport Transit Company· Inc. d/b/a Quicksilver Limousine Service, located at Sardy Field, Pitkin County, Colorado, has filed an application with the Colorado Public Utilities Commission for authority to operate as a come, on carrier for the ~ransportation of passengers and ~heir baggage between points within a seventeen (17) mile radius of the intersection of Castle Creek Road and Colorado State Highway 82, and operate as an historic tour of Aspen, and to Leadville, and return v~a Colorado State Highway 82 and U.S. Highway 24; and WHEREAS, the existing service, the'Aspen Cab company, has been negligent in and incapable of supplying the total needs of the citizens and tourists in the designated area; and WHEREAS, Quicksilver Limousine Service has demonstrated an ability and desire to supply these needs through successful past performance and present efforts; and WHEREAS, a prime objective of the Aspen City Council is to provide for the needs and conven~nece of its citizens and visitors~ as well as reduce the use and dependence of the private automobile; and WHEREAS, the ~ranting of this authority to Quicksilver Limousine Service will greatly aid these goals, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN· COLORADO: That it does support the application of the Aspen Airport Transit Company, Inc. d/b/a Quicksilver Limousine Service, and urges the Public Utilities Commission to promptly gran~ this authority. was read by the City Clerk. Councilwoman Pedersen objected to the second paragraph of this resolution saying she felt that it was unnecessary. City Attorney Stuller told Council this Resolution was drafted by Quicksilver's attorney. ~ Mayor Standley agreed and said the whole paragraph should be striken. Councilman Behrendt suggested the whole resolution be re-written. Councilwoman Pedersen moved to table Resolution ~20, Series of 1975, for a xe-write; seconded by Councilman De Gregorio. All in favor, motion carried. City Attorney Stuller asked Council if it was their intention to endorse expanded service but not ~o depreciate Aspen Cab Service. Council agreed. RESOLUTION ~16, SERIES OF 1975 Res.16,1975 Grant Fiedler, representing the Mall Commission told Council they had taken the initial Mall restaurant policy Ordinance and ~he input from the study session and revised this resolution. The reso- lution would make the restaurant policy much more flexible than originally intended. You can bend from these where necessary, they are recommendations and guidelines. Mayor Standley affirmed this Resolution was much better, that ~he work session had been very constructive. Councilwoman Pedersen questioned page 3, paragraph (c) why an applicant must provide 7 hours of food service. Don Fliesher answered the Mall Commission felt that this was a public space being taken away from the public during the daytime hours. Fielder said the Commission's feeling was that 5he usage of the Mall takes place primarily from noon on. Councilman Breasted indicated he felt th~s was a speqious point and the Commission was trying ~o legislate every little poohs. Fleisher said emptiness can be a blight when a space is no~ used. Fielder said he felt this was a minor point that the Council and the Commission could work on. The Commission ~s intending to remain flexible. Mayor Standley said that 2 (c) and (d) were intended to be used for leverage. Councilman Behrendt questioned restaurants proving to the City that they carry adequate insurance. City Attorney Stuller advised restaurant extensions had to have a binder naming the City as co-insured. She does not put ou~ the lease until she has that binder. Councilwoman Pedersen said she felt under 2(e) that the Planning Department ought to be included with the Mall Commission and City Council. City Attorney Stuller said that could be included. Councilwoman Pedersen made a motion to read Resolution #16, Series of 1975, as amended; seconded by Councilman Breasted. All in favor, motion carried. RESOLUTION #16 (Series of 1975) Res.16,1975 Mall JOINT RESOLUTION OF CITY COUNCIL AND MALL COMMISSION OF THE CITY OF restaurant ASPEN, COLORADO policy WHEREAS, the City Council by its Ordinance Number 8, Series of 197~ established the Aspen Mall Commission as a temporary commission, and enumerated certain powers and duties of the commission, and WHEREAS, Section 4(e) of said ordinance authorizes the commission: "(e) After review, to make recommendations to the City Council relative to construction, alteration, remodeling or other actions proposed by private persons where such proposals would require occupation of City rights-of-way for a period of time exceeding seventy-two (72) hours duration"; and WHEREAS, the Mall Commission has promulgated criteria for its review of restaurant extension applicants when proposals are made for expansion of restaurants on to Aspen Pedestrian Mall, and WHEREAS, the Mall Commission and City Council have determined that efficiency and fairness in reviewing extension applications will be achieved if both bodies establish identical basic criteria in their review, and if they announce and publish the same in a joint resolution, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND MALL COMMISSION OF THE CITY OF ASPEN, COLORADO: 1. That all owners of restaurants abutting the Aspen Pedestrian Mall (as it exists or may be modified or enlarged) shall be eligible for extension subject to compliance with the criteria enumberated below and approval of the Mall Commission and City Council; provided that nothing herein shall qualify the right of the City Council to deny an extension at its discretion, compliance with the following notwithstanding. 2. That all applicants must: (a) Avoid establishing structural boundaries to define the extended restaurant area, but in lieu thereof, define the limit~ of the restaurant extension with changes in surface material, moveable planters and objects, and changes in terrain. (b) Establish a restaurant area (i) not greater than one-third (1/3) of the existing food service seating capacity of the restaurant extended, (ii) not wider than the mall frontage of the restaurant extended, and (iii) without creating an island except that an island may be created if a minimum public access of not less than six (6) feet in width as maintained between the front property line of the restaurant and the nearest point of the island created. (c) Be open to the public at least seven (7) hours per day between the hours of 10 A.M. and 8 P.M. or, in the alternative, if the applicant cannot provide seven (7) hours of food service per day, the applicant must agree to remove all furniture and food service/facilities/equipment during all hours when the business is not open. (d) Must make one-half (1/2) of their gross receipts from the sale of food. (e) Design an extension (i) without fences, (ii) with furniture, fixtures and planter boxes consistent (in the determination of the City Council Planning Office and Mall Commission) with the general design guidelines of the Mall, (iii) clearly defining a convenient ~ransitional walkway from one side of the restaurant area, around the restaurant area, and back to an existang sidewalk, and (iv) retaining all service facilities, bus trays, hot plates, water dispensing equipment and dish storage an areas enclosed on three (3) sides and top when in use, and totally enclosed when not in use. (f) Agree to maintain and manage the extended premises twenty-four (24) hours per day. (g) Agree to (i) enter into a lease agreement with the City of Aspen for a term of not more than one year, and pay a rental equal to Three ($3.00) Dollars per square foot of rental area per year (in advance), (ii) indeminfy and hold harmless the City of Aspen and to provide acceptable insurance at the election of the City Council, (iii) limit the use of the premises to the sale o~ food and alcoholic beverages (iv) remove, at its expense, any structures constructed on the lease premises at the expiration of the lease period or in the event the City of Aspen shall determine to make major changes %o the Aspen Pedestrian Mall which may effect any structures placed on the mall by the applicant, (v) permit the agents of the City to enter upon the premises a~ any time to inspect and make any repaars or alterations to the sidewalks, curbs, gutters, streets, utility poles, or other public facilities, (vi) not sublet or assign the leased premises without the prior written consent of the City of Aspen, and (vii) notify the City of any sale or other transfer of ownership of the restaurant. 3. That the City Council and Mall Commission reserve the right to withdraw permission to extend or terminate any mall extension lease on failure to continue to abide by the above criteria or other conditions that may be imposed by either such body. was read by the City Attorney. Councilman De Gregorio made a motion to adopt Resolution ~16, Series of 1975; as amended, seconded by Councilman Breasted. All in favor, motion carried. ORDINANCE ~33, SERIES OF 1975 City Attorney Stuller explained that this Ordinance gives the Chief of Police latitude to 0rd.33,1975 re-structure the pay scale; it does not authorize changes in pay scales and leaves the Police dept. budget as is. pay schedule Councilman De Gregorio made a motion to read Ordinance ~33, Series of 1975; seconded by Councilman Breasted. All in favor, motion carried. ORDINANCE #33 (Series of 1975) AN ORDINANCE ESTABLISHING A PAY SCHEDULE FOR ALL POLICE DEPARTMENT EMPLOYEES WHICH SCHEDULE ESTABLISHES MINIMUM AND MAXIMUM SALARIES FOR EACH POSITION CLASSIFICATION AND AUTHORIZES THE CHIEF OF POLICE TO PAY ANY EMPLOYEE A SALARY WITHIN THE GIVEN MINIMUM AND MAXIMUM AMOUNTS; FURTHER PERMITTING THE CHIEF OF POLICE TO AUTHORIZE PAY INCREASES AT ANY TIME WITHOUT REGARD TO STATUS OF THE EMPLOYEE OR LENGTH OF SERVICE; AND FINALLY REESTABLISHING THE LONGEVITY INCREASES OF THREE (3%) PERCENT AND ONE-HALF (½%) PERCENT AS PRESENTLY REQUIRED BY THE MUNICIPAL CODE. was read by the City Clerk. Councilman De Gregorio made a motion to adopt Ordinance ~33, Series of 1975; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Walls, aye; Markalunas, aye; De Gregorio, aye; Breasted, aye; Behrendt, aye; Pedersen, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~32, SERIES OF 1975 0rd.32,1975 City Attorney Stuller introduced the elevator requirements for restaurants and told elevator Council that the building code requires installation of elevators in restaurant only one requirement floor above or below ground. The Board of Appeals and Examiners had reviewed this. They in buildings recommended a review procedure when an elevator i$ required. Roy Vroom addressed Council about the elevator ~equirement for his building at Mill and Main. The building was conceived in late 1973 ~ri°~ to the adoption of the revised code. Vroom chose not to maximize the small lot and l~mited it to two stories to eliminate the need for an elevator and for aesthetic reasons ~s well. Now they plan to put a restaurant in the basement level, which requires an elevator according to the revised code of early 1974 or a ramp to provide egress for the physicallY handicapped and in emergencies. A ramp is not possible because the building is just too small and the grade would be too steep. The elevator doesn't seem to be the method by which they can get people out. If Vroom has to put an elevator or ramp in, then t~ey can't have a restaurant. Councilman Breasted questioned the possiblity of using the current grade up the Mill Street side. Vroom said that they were planning to raise the street and he could not use this as a ramp. Councilman Breasted said he was~very aware of obstacles and ~hat is why there was lobbying on the part of the handicapped in Washington to get this provision into the code. Councilman Walls pointed out that elevators could not be used in emergencies when the electricity was turned off, one would rely mainly on stairways for that. Councilman Walls~ said he would rather not see the building code changed and eleiminate this requirement because then we would have a situation where all buildings would create barriers to the handicapped. It would be much better if this requirement was handled on a case-to-case basis. Evan Gull of the Building Department mentioned that the uniform building code does not require access to offices within first floor above ground but does require access to retail or restaurant uses. Mayor Standley said it was not the Council's responsibility to insure uses for buildings. He felt that the proposed amendment to the building code recommended by the Board of Examiners was logical way to handle the elevator r~equirement. City Attorney Stuller told Council the Board of Examiners feeling was perhaps this review will lead into a recommendation they can give Council as to when ramps and elevator can be required. Evan Gull said he felt that a review process will result in anyone who asked for a variance, getting one. The Council should take a stand as to whether elevator should be required or not; that a review process will not accomplish what the City wants. Councilwoman Pedersen pointed out that there are already a number of underground restaurants without elevators. How much remodeling would have to be done to comply with this provision. Evan Gull answered if more than 50 per cent of the value of the building were being remodeled. Counci~!~oman Pedersen moved to read Ordinance #32A, Series of 1975; motion dies for lack of a second. Req~lar M~e~i~g ~pen city COUnCil May 12, 1975 0rd.34,1975 ORDINANCE #34, SERIES OF 1975 7th penny for minibux Mayor Standley told Council this Ordinance was use of the seventh penny for the minibuses and mall and pedestrian mall purposes. Councilman De Gregorio made a motion to read Ordinance ~34, Series of 1975; seconded by Councilman Breasted. Councilman Breasted commented on Finance Director Butterbaugh's memorandum. Butterbaugh pointed Out that the general fund and water fund monies did not effect the sixth and seventh penny ordinances. Councilwoman Markalunas questioned the transfer of $6,000 to the mall fund. Butterbaugh told Council that the $8,050 figure was the interest on the minibuses. Four thousand dollars ($4,000) of the mall funds covered the expenditures that were capitalized to antique lights. The other $2,000 goes to the Pizzagalli study that has been authorized. All in favor, motion carried. ORDINANCE #34 (Series of 1975) AN ORDINANCE APPROPRIATING UNAPPROPRIATED 7TH PENNY SALES TAX PROCEEDS IN THE AMOUNT OF FOURTEEN THOUSAND FIFTY ($14,050.00) DOLLARS FOR PUBLIC TRANSIT AND PEDESTRIAN MALL PURPOSES was read by the City Clerk. Councilwoman Pedersen made a motion to adopt Ordinance #34, Series of 1975; seconded by Councilman Walls. Councilwoman Maraklunas asked why the ~ntique lights were in the mall fund instead of in the electric fund. Butterbaugh said that they were in last year's budget in the mall fund. City Manager Mahoney pointed out that they were in the mall fund so that they did not get mixed up with the undergroUnd fund. Councilwoman Markalunas asked about the legality of putting this expenditure in the seventh penny. Mahoney answered that this was based on precedence. Butterbaugh further explained that the electric expenditure~ were up becauSe of increased costs. The antique lights were funded from the seventh penny la-st yea~ and so the same approach was used this year. Roll call vote; Councilmembers De Gregorio, aye; Pedersen, nay; Walls, nay; Breasted, nay; Behrendt, nay; Markalunas, nay; Mayor Standley, nay. Motion NOT carried. 0rd.35,1975 ORDINANCE #35, SERIES OF 1975 6th penny to land City Attorney Stuller explained to Council that this ordinance provides funds for the Aspen!i acquisition One appraisal. Councilwoman Pedersen made a motion to read Ordinance #35, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~35 (Series of 1975) AN ORDINANCE APPROPRIATING FIFTEEN HUNDERED ($1,500.00) DOLLARS TO THE LAND ACQUISITION AND IMPROVEMENT FUND WITH UNAPPROPRIATED REVENUES FROM 6TH PENNY SALES TAX was read by the city Clerk. Councilwoman Pedersen made a motion to adopt Ordinance 935, Series of 1975; seconded by Councilman Behrendt. Roll call vote; Councilmembers Markalunas, aye; Breasted, aye; Walls aye; Behrendt, aye; De Gregorio, aye; Pedersen, aye; Mayor Standley, aye. All in favor, motion carried. Councilman Behrendt moved to consider Resolution #22, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. Mayor Sta~ldey explained that this resolution evolved out of a meeting in Frisco of the ski communities. This is in support of Colorado House Bill 1674 for an amusement tax. Councilman De Gregorio made a motion to read Resolution #22, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION #22 Res.22,1975 (Series of 1975) Support of amusement WHEREAS, the City Council has been appraised of the purposes of tax in Colorado House Bill 1674 and shares in the sentiment of its sponsors Colorado that local municiplaities heavily impacted by ski areas should be aided senate in their attempts to deal with the public service needs and environmental impacts generated by local ski industries, and WHEREAS, the City Council feels that House Bill 1674 creates a viable (and only available) technique to the establishment and enforce- ment of a ski area realted tax to benefit both county and municipality governments in their attempts to respond to the needs generated by Colorado ski industries, and WHEREAS, the City Council wishes to strongly support the enactment of House Bill 1674 and make this endorsement of record, Regular ~M~eting . Aspen City Council M~y 12,..1975 NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Aspen, Colorado, that it does hereby support the adoption by the Colorado General Assmebly of house Bill 1674, and does urge each members of the General Assembly to approve the same. BE IT FURTHER RESOLVED that the Mayor of Aspen advise the membership of the General Assembly of the action hereby taken so as ~o best effectuate adoption of House Bill 1674, and to make other publication of this Resolution as he shall feel will best effectuate this objective. was read by ~he City Attorney. Councilwoman Pedersen made a motion to adopt Resolution #22, Series of 1975, seconded by Councilwoman Markalunas. Councilman De Gregorio questioned the tax on ski equipment rental. City Attorney Stuller advised that the total tax cannot come to more than 7 per cent. Councilman Walls pointed out that the Ski Corp taxes are 2 million dollars, that they are possibly the biggest taxpayer in the county. Mayor Standley said that none of that money goes to the City or County governments. He also noted this was an incidence tax, not an impact tax. This is money they collect and remit to us; it never enters their books. All in favor, motion carried. Councilwoman Markalunas brought up the Midland appraisal. City Manager Mahoney said he called Earl Baughar last week and sent him a follow up letter and that he was on his way. Councilwoman Markalunas asked why the request was made no~ ~o include $10,000 rail study. Councilwoman Pedersen said there was no budget for this. Councilwoman Marka~unas pointed out that city taxpayers were also county taxpayers and it seemed to her that we had already put ~p our share of money for a transit study without allocating more. Councilman De Gregorlo agreed. Councilwoman Pedersen moved to adjourn; seconded by Councilman De Gregorio. All in favor, meeting adjourned at 7:40 p.m. Kathryn ~J Hauter, City Clerk