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HomeMy WebLinkAboutminutes.council.19750714Regular Meeting .Aspen City Council July 14, 1975 Mayor Standley called the meeting to order at 1:55 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoma~ Johnston moved to approve the minutes of June 23, 1975; seconded by Council- man Wishart~ All in favor, motion carried. ACCOUNTS PkYABLE Councilman De Gregorio questioned the change in format. Mayor Standley pointed out that these were reproductions of the computer sheets and that Finance Director Butterbaugh hadexplained them. Councilman Wishart moved to approve the accounts payable for June 1975; seconded by Councilwoman Johnston. All in favor, motion carried. 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An 8 foot offset from the curb would allow most of the parking to remain except where parking had to be changed from diagonal to parallel. ~ This would eliminate the bikes competing with the cars on the streets. Mayor Standley referred this plan to the planning office for review, and told Faulkner to get on the next Council agenda. ROBERT THE GREAT RESTAURANT AND ESTABLISHMENT BAR - Application for three-way liquor Robert the license Great application Mayor Standley opened the public hearing. City Clerk reported that the files, posting for 3-way and publication were in order, liquor license Ron Garfield, representing the applicant, told Council the application was for a beer, wine and liquor license with extended hours. The premises will be located on the southeast corner of Mill and Main, 2800 square feet in the basement portion of the building under construction. Garfield pointed out that the Uniform Building Code allowed a seating capacity of 90 in the bar, which is designed to accommodate only 49; and 49 in the restaurant portion, which will seat only 28. The operation will be dinner only from 7 to 10:30 p.m. and probably will only be open during the season. A restaurant-bar operation is permitted under the zoning, C-C. Garfield presented a map illustrating the existing liquor locations. He also told Council that the parking impact would be minimal due to the proximity of the Rio Grande parking lot, and the First National Bank had submitted a letter which will allow Robert the Great patrons to park in their parking lot. Garfield submitted two petitions; one signed by people who are owners or managers of restaurants and lodges within the definition of neighborhood, and one signed by Aspen residents. Garfield pointed out to Council that this particular applicant will offer a unique operation to Aspen. The applicant, Arnold Forde, and the chef, Robert Quilty, both addressed Council about the application. The bar is intended to be quiet with no rock and roll or discotheque atmosphere. The restaurant will be expensive, eleven course gourmet meal with Robert Quilty cooking and explaining the preparation to the patrons. The architect, Varouj Hairabedian, presented schematics of the bar and restaurant. Quilty told Council he planned to have cooking schools also. Garifled told Council that Forde had looked into purchasing existing outlets for this operation but none of them could be designed for the operation in mind. The applicant felt he was presenting what would be a unique and exciting operation to Aspen. _ Mayor Standley asked if there were any opponents to the issuance of this license. Ther~ were none. City Attorney Stuller said that Garfield had demonstrated that the restaurant was a unique operation and that the restaurant needed a liquor license but that the reasonable requirements of the neighborhood had not been proved to be needing another liquor license. Councilwoman Johnston said she did not feel that a liquor license hearing was the proper Time to discuss the needs of the neighborhood requirements. Councilwoman Johnston stated that it if difficult for a good restaurant to compete' in this town without a liquor license and that if this is a good operation, it will survive. Councilwoman Pedersen questioned the need for a full liquor license if the applicant intended serving four or five kinds of wine with a gourmet dinner. Forde replied that he,felt many people wanted liquor and he needed a liquor license for the bar operation. Mayor Standley closed the public hearing. Councilman Behrendt moved to grant the application for a liquor license; seconded by Councilwoman Johnston. All in favor, with the exception of Councilmembers De Gregorio and Pedersen. Motion carried. THE GROG SHOP - Application for a Transfer of Liquor License Location The Grog Shop Transfer of Mayor Standley opened the public hearing. City Clerk reported that the files, posting Location and publication were in order. Albert Kern, representing the Grop Shop, told Council the Grog shop had been in operatio since 1965; that Tom Iacono had owned it since 1968. Iacono has purchased commercial space in the Durant Mall (700 block of Durant); the area is zoned neighborhood/ commercial and specifically provides for a retail liquor store. The new premises is approximately three blocks from the present sto~. Kern presented a petition that had been signed by 479 residents. Kern also presented an addendum to the application which specifically states why the change does not conflict with the desires of the ~inhabitants. The change will be more convenient to customers and will facilitate access; there are parking facilities located in the building. Mayor Standley asked if there were opponents to the license transfer. There were none. _ Mayor Standley closed the public hearing. Councilman Behrendt moved in order to maintain the needs of the community, Council grant the transfer of location of liquor license; seconded by Councilwoman Pedersen. All in favor, motion carried. The Brass Bed liquor license hearing was removed from the age~da at the applicant's request. 1809 Regular Meeting Aspen City Council July 14, 1975 Paco's Tacos PACO'S TACOS - Application for a 3.2 beer license Appl. for 3.2 beer Mayor Standley opened the public hearing. City Clerk reported that the files, posting and publication were in order. William Dunn, applicant, told Council that he had been established in business for two years. Paco's Tacos was a fast food operation. He is serving Mexican food, which is just half a meal without a beer. Paco's Tacos is a place a person can get an inexpensive meal. Dunn pointed out that there are only two places in town where 3.2 beer is sold on ~he premises. Dunn told Council he was not trying to do a bar operation; just to serve beer with his Mexican meals. Mayor Standley questioned the square footage. Dunn replied he had approximately 600 s~re feet inside. The outside had another 600 square feet, which is like a sidewalk cafe without impairing pedestrian traffic. Dunn told Council he felt he could control the I.D. problem and taking open containers of beer off the premises with adequate staff, signs, and a gate. Dunn presented a petition signed by business owners around the 500 block of Durant stating they had no objections to this liquor license. Mayor Standley asked if there were any opponents to the issuance of this license. Jim Roark, Sanitarian, pointed out that the establi§hment had only one toilet facility,s_ Mayor Standley closed the public hearing. Councilman Wishart moved to grant the 3.2 beer application to Paco's Tacos: seconded by Councilwoman Pedersen. All in favor, motion carried. Council recessed for a ten minute break. Wedum-Hyman WEDUM-HYMAN Outline Development Plan and Conceptual Subdivision Review ODP and Conceptual Bill Kane, Planner, reviewed the project with Council, reminding them that on May 27th Subdivison several title questions had been raised. Kane also told Council that the County P & Z Review was working on an overall traffic pattern scheme for the Smuggler Mountain area that would include developing a street network to take the traffic from~east to west in a functional way without impact to low density residential areas. Randy Wedum had submitted to Council a title search that showed he had been granted owner- ship. Wedum had also submitted a letter in consideration of the soils, erosion and drainage problems. Wedu/~ pointed out that the ground was fairly stable and he had designed a standard drainage plan in the parking lot. With regard to the solar collectors, Wedum told Council he planned to use a material that was non-reflective. There will be minimal glare and in the summer the collectors will be covered up. Wedum presented two schemes to Council to cover the street situation. Either one could be used depending on what the County P & Z decides with regard to the Smuggler Mountain traffic patterns. The Council had been on an on-site inspection of the property. Mayor Standley asked Wedum hob the buildings fit on the site. Wedum presented drawings to Council and explained that he had fit the buildings on the hillside in order to use it for the advantage of the collectors. There would be eight units, of which approximately six would be three- bedroom units. There was adequate parking on the site, most of it above the units. The lower ground towards the river would be planned for tennis courts, an optional swimming pool and open space. Mayor Standley said the northwest units would be visible from all over town and he could not support a conceptual plan with this type of visual pollution. Wedum said that the buildings would fit into the hillside, and he felt that the large grove of trees down by the river would shield this particular unit from view. Wedum told Council he had looked at the site from various places around town and did not feel that this unit would be visible. Councilman Behrendt said that a 3% story building along a hillside would definitely have a visual impact. Councilwoman Johnston asked it if were possible to have the buildings flagged out and do another on-site inspection. Kane suggested having cross- sectional photos done to illustrate the building heights. Mayor Standley asked if any of the property were in the flood plane and if that affected the slope reduction measurements. Mojo explained that you could count the flood plane when transferring density and the elevation could be shot from property line to property line across the steepest slope. Councilman Parry said he could not agree that a dirt hillside was beautiful and that Wedum could not control the hillside by putting building and planting on lt. The present site is just a dirt slide. Mayor Standley suggested the City needed an erosion control ~®rdinance where people would be responsible for vegetating and fixing up a hillside. Mayor Standley said these units were basically permanent residents to sell between $60,000 and $70,000. Mayor Standley asked Wedum if he would agree to run these units through the Housing Authority. Wedum said yes. Wedu~ told Council he agreed that the visual considerations were important. What he was before the Council was to find out if the density is correct and to find out if what he is trying to do is feasible. Wedum said he would do his plan the way he thinks it fits best, and if the Council does not think the units are in the right place, he would be willing to change them. Mayor Standley asked Wedum if he could re-work his plan to take advantage of the foliage and move the largest unit. Wedum replied he had arranged it so the units would not be too tall, nor too crowded together. Wedum said he felt this was 1810 Regular Meeting Aspen City Council July 14, 1975 the best configuration for the site, and he had planned openness between the buildings. Mayor Standley said he strongly objected to the visual pollution and was not ready to this plan. · approve Mojo said this project was before Council for Outline Development Plan, which says that Council likes the footprint, the density, the access. Technical problems like water and sewer would be addressed later. Mayor Standley suggested this should be tabled until the visual effects are presented and addressed. Councilman Behrendt moved to table this item; seconded by Councilwoman Johnston. Councilman Parry said he liked the idea and the concept and asked for a consensus of how Council felt or how they would like to see the project changed. Wedum discussed the unit layout and told Council he could switch them around but the way at was designed was fairly low scale and it would blend into the hillside. Wedum said the reason he had strung the buildings out was for functional reasons to accommodate the collectors for solar heat. Councilman De Gregorio said he was not in favor of tabling; Councilman Wishart agreed and stated by stringing the buildings out he felt there would be less visual impact. Councilwoman Pedersen said she thought the concept was marvelous and her only concern was that the buildings not be obtrusive. Councilman Behrendt withdrew his motion to table; Councilwoman Johnston withdrew her second. Geologist Joseph Infascelli told Council that Wedum's concept was to use the benches on the hillside that exist. Geologically, soil foundation engineering of these benches is very sound. Infascelli pointed out that the 20 to 30 foot cottonwoods and willows would block this building from view. Councilwoman Johnston moved to approve the outline development plan; seconded by Council- man Wisha~t. All in favor, with the exception of Councilman Behrendt and Mayor Standley. Motion carried. Yank Mojo told Council that this project also had to have Conceptual Subdivision Review approval. This is looking at the density, site planning, the location, and the appro- priateness of the area for development. Conceptual is just a sketch plan, there are very little technical requirements. Councilman De Gregorio moved to approve the Conceptual Subdivision Review; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman Behrendt and Mayor Standley. Motion carried. CENTENNIAL PARK CONDOMINIUMS - Conceptual Subdivision Review Centennial Park Condos Yank Mo]o presented this project to Council and told them this is a case where the proje¢ :Conceptual does not have an Outline Development Plan. The project is located east of Larkspur Subdivision Co~ominiums on Hopkins. The project will have to go through stream margin review because it comes within 100 feet of the stream. The application is for nine one-bedroom units which is allowed by the zoning and the area of 12,000 square feet. Mojo showed Council a typical floor plan. Mojo told Council the planning office concerns were (1) adequate parking be provided on the site, which is nine spaces (2) potential conversion of the dining room into an additional bedroom. Mojo reported that the square footage of the unit was not the problem; the layout of the unit is the problem. Mojo told Council the planning office felt this was basically a good project except for the potential bedroom conversion. Councilwoman Johnston asked if the zoning allowed two-bedroom units. Mojo answered yes but it would cut the density in half. Bayard Hovdesven, architect for the project, told Council he had tried to design the units with a view of Ajax mountain and open spaces towards the river. Councilman Behrendt objected to the floor plan and said that it represented an attempt at the "door game". Councilwoman Johnston said she liked the idea of this project being done by local people with the intent of being sold or lived in by local people. Councilwoman Johnston suggested some kind of enforcement or lease covenants. Mojo pointed out the drawbacks of enforcement, and that when units are sold and re-sold people may not honor or be aware of this covenant. Mayor Standley said he felt that this project should be re-designed without the easy conversion of the dining room. Mojo pointed out to Council what he felt would be a good re-design. Councilman Behrendt moved to table this prQj~c~ until the planning office recommends the re-design of the units; seconded by Councilwoman Pedersen. All in favor, motion carried. TRANSPORTATION Transportation The first item Mojo addressed the Council on was bus service provided to groups at no cost. Mojo told Council that he could find no written authorization for this. The budget allows five buses a month in the winter and summer at $12,000 and 2 additional bus service b uses at $4,000 for four months. This makes $1,000 a bus month. Mojo told Council the to groups City had given nine bus months to other groups. Mojo reported this to Council because of his concern for the budget and so that Council would understand the magnitude of the service. Councilman De Gregorio asked if the Recreation Department had their own buses. Mojo said he ran all the buses. Finance Director Butterbaugh said there was no provision in the Recreation budget for buses. Councilman Behrendt asked what procedure would be used in the future to determin~3wheth~r groups would get free bus service. Mojo told Council he had never received a request for service but had inherited all of them. He told Council as Transportation Manager he would come to Council with these requests. Councilman Behrendt pointed out that two years ago the Music Associates had given the City their buses for the City to run in a transportation program. Mayor S%andley suggested in the future that these transportation donations should be a budget item that could be budgetted back in order to show up in the City's accounting. County Commissioner Dwight Shellman told Council that the West Village Association had Snowraass cut the Snowmass bus system funds and that Snowmass had approached the County and asked bus system the County to take over the bus system. Shetlman told Council he felt that the City/ County should not be taking over the bus system to Snowmass just so West Village could put that budget money into something else. Shellman also told Council it was his feeling that the City/County ought to try to get some sort o~ bus system down highway 82. Shellm~ told Council that Mojo had reported to him that there was a bus service being run to Snowmass, and that the Transportation Department was not being reimbursed for this. The funds used for the Snowmass run are in competition for any funds to be used for a down- valley system. Somehow the Sno%~ass service has gotten absorbed into the City/County transportation service. Yank Mojo had reported that there was a higher bus ridership in June than in any month during the winter. The bus system is getting people to ride that bus rather than use their cars. Shellman said the County would like to continue this kind of service and enlarge upon it. If the Snowmass system is taking funds from the proposed downvalley system, Shellman said he would rather see the downvalley system which would be fair to the local taxpayers. City Manager Mahoney said if it were an either/or situation he would agree with Shellman. Mahoney pointed out that bringing people in from Snowmass would reach the objective of reducing the automobile in Aspen. Mojo reported that since the firs~ of July, 1,695 people had been carried on the Snowmass run. He indicated he felt tb~s was a good run, and the only change would be to add a 7:30 a.m. bus to town. Transporta- Finance Director Butterbaugh told Council there was a transportation budget of $132,000 tion budget for this year which compared to $212~000 spent on transportation last year. As of June 30th, there is only $46,000 left in the transportation budget. Councilman Behrendt pointed out the minibuses were not designed to travel to Basalt or even Snowmass. Mayor Standley said that 2½ buses were purchased by the County. Mayor Standley said he did not object to running the bus service to Snowmass but thought Snowmass this service should be contracted for by Snowmass to the City. Mayor Standley told funding Council he and Shellman had a meeting with Snowmass the following day. Perhaps they should take Mojo and tell Snowmass that they would have to help support the bus system. Mayor Standley pointed out there was money ~n transportation but the point is should the City and County be absorbing the variable costs. Snowmass should have a strong obligation to covering some of these costs. Butterbaugh told Council there was an unappropriated surplus in the seventh penny of $49,110. Mayor Standley reminded Council that the seventh penny was also for other costs, such as mall development and maIntenance. Mojo told Council with his budget the buses would stop running November 1. Not counting the Snowmass or downvalley runs, he had lost nine bus months on the group bus service. Mayor Standley asked Council if anyone objected to attempting to get payment from Snow- mass for the bus program. No one objected. Mojo told Council he was talking about three different bus systems; the minibus system, Snowmass system, and downvalley system. The Snowmass and downvalley systems have to be almost entirely funded. The transportation department is drawing $9,000 from the minibus system to do the other groups. Mojo said he needed to get that money reimbursed, and then fund the other two systems. Shellman told Council he felt a downvalley bus system was worth having. If the City and Downvalley County can pay people not to bring their cars into town, then we are ahead of the game. bus syste~ The county has done the trails and put front end money ~nto transit; the city has operated the buses and the recreation programs. Shellman suggested that if the city intended to broaden the non-heavy movement portion of the system, the collectors, then the City and County need to ge~ a preliminary idea of what that will cost. If the City runs the collector part of the system, then the expectation would be that the County would have to fund the lion's share of the rail or the high-volume system between ski areas. Shellman stated his position that he felt the city should run the downvalley system as proposed by Yank Mojo, which will run approximately $35,000 to $40,000. Mayor Standley said a collector system should be free, easy and available to be a dis- incentive to use one's automobile. The downvalley bus services distances that are great enough to be able to use the bus as an automobile disincentive and still charge for the service. Mayor Standley said the City should decide what kind of commitment they are willing to make or can make and then how to do the balance; either by rider fees or a totally free basis. Mojo pointed out the old downvalley bus system had some inherent problems. It was a cost system; people would opt to take their cars because the buses weren't heated; they broke down a lot, and the buses were inflexible. It cost $11,000 to run ~he downvalley system this year and only $9,000 was budgeted for it. Mojo explained his system. The bus would only run to and from Basalt. It will leave Basalt on the odd hours, and Aspen on the even hours. A bobtailed school bus would be used during the heavy hours; a van- type vehicle could be used on the rest of the runs. The bus will stop on demand as long as it is safe. It is planned to catch the Aspen Viil~g , Woody Creek, Brush creek turn off (hoping to connect with the Snowmass bus), the Airport Business Center, and the Highlands turn off. Mojo said it is the most expansive system he could come up with given the costs. Councilwoman Johnston suggested using some of the seventh penny money for a test program to see what ridership this program would generate. Mojo pointed out this may be money well spent to get 25 to 30 cars off the streets of Aspen. People working in Basalt and driving to Aspen are costing money in street repairs, traffic, and parking problems. Councilman Wishart said he felt the city and county should both fund this bus system until there is a transit system. When there as a train, or more definite transit system~ then the areas of responsibility can be divided up. Mayor Standley pointed out that the City had spent $450,000 this year in transportation, which as a very heat~bycontri- ~ bution and more than both ski corporations have spent to help the transportation problem. Shellman said he objected to an administrative decision making a choice between a Snow- mass system an lieu of servicing taxpaying citizens in the lower part of the valley. Mojo told Council he figured it would cost $16,800 to run a downvalley bus for the remainder of the year. He had the bobtail school bus but needed a van-type vehicle. Councilman Wishart asked B~tt~rbaugh if the city could afford $10,000 to fund half the Funding down- downvalley system. Butterbaugh said it could come out of the seventh penny. The county valley bus agreed that they could go half of the costs for the downvalley bus. Councilman Wishart moved 5o fund half of the downvalley bus with a review on September 1 of expenses and ridership; seconded by Councilwoman Pedersen. Councilwoman Johnston questioned the fairness of the City and County subsidizing the downvalley system and not the Snowmass system. Mayor Standley said Snowmass had run thei own bus system and had assumed that responsibility. Commassioner Edwards stated the whole goal was to try and reduce automobile traffic. There are probably more automobiles going back and forth to Snowmass than from Basalt. Edwards said the city and county oug~ to have West Village Association and home owners kick in but perhaps not kick in 100 per cent. Mayor Standley and Councilman De Gregorio said they did no~ totally approve of providing a bus system for people who did not even live in Pitkin County. Hal Clark told Council if the bus system were reliable, he felt that the city could charge for downvalley service. Mojo pointed out this could effectively turn the town of Basalt into an intercept parking lot. City Manager Mahoney said he felt this would help solve congesti¢ %, pollution, and housing problems and was worth a trial basis. All in favor, motion carried. Mojo asked Council to authorize him to continue supplying the kind of service that is Extra appro- being supplied to transportation, which will need an additional appropriation of $9,000. priation to minibus Councilman Behrendt moved to authorize an appropriation of $9,000; seconded by Council- woman Johnston. All in favor, motion carried. PARK CIRCLE CONDOMINIUMS - Conceptual Subdivision Review Park Circle Condos - Bill Kane told Council that this was a request for conceptual subdivision review for Conceptual 15,800 square feet in the Park Circle area. This area requires mandatory PUD, generally Subdivision because of slope considerations from Smuggler Mountain. Jack Jenkins, the applicant, Review is presenting conceptual subdivision review, and asking for exemption from special consideration for PUD. Kane pointed out to Council that the planning office felt it desirable to continue Park Circle as a through street to Smuggler Mountain to integrate new developments. The planning and zonang commission had approved the request for exemption from mandatory PUD. Conceptual subdivision review is to look at whether the land as inherently suit- able for subdivision, in this case for 12 one-bedroom units. Jenkins told Council his lot, Lot 2, is presently zoned R/MF. Jenkins is not asking for a use or zoning change but the opportunity ~o sell the units as condominiums. The density is what the zoning is called for, the use by right is part of the zonang code. Water goes right past the property in the s~reet, sewer goes past, the telephone and power pole is there, there is sufficient parking. The request for subdivision is to permit Jenkins to sell these units individually. Jenkins presented schemes to Council of the two buildings; six units in each, three level buildings. The units will be approximately 660 square feet, priced in the area of $35,000. Brian Goodheim, Housing Officer, told Council there was a definite market need for this type unit. Jenkins said he would have no problem working with the Housang Authority on this project. Councilman De Gregorio moved to approve the conceptual subdivision review; seconded by Councilman Wishart. All in favor, motaon carried. ORDINANCE ~40, SERIES OF 1975 Drd.40,1975 Thomas Prop. Mayor Standley opened the public hearing. There were no comments. Mayor Standley Annexation closed the public hearing. Councilman Behrendt moved to read Ordinance ~40, Series of 1975; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE #40 ~ (Series of 1975) AN ORDINANCE ANNEXING TO THE CITY OF ASPEN A TRACT OF LAND CONSISTING OF APPROXIMATELY THIRTY-NINE (39) ACRES ADJACENT TO THE CITY OF ASPEN WHICH TRACT IS CO~ONLY KNOWN AS "THE THOMAS PROPERTY", AND ANNEXING THE S~E PURSUANT TO THE AUTHORITY OF SECTION 31-8-106(3) C.R.S. 1973, OF THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~40, Series of 1975, on second reading; seconded by Councilman Wishart. Roll call vote: Councilmembers De Gregorlo, aye; Johnston, aye; Parry, aye; Wishart; aye; Behrend~, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. CLOSURE OF 100 NORTH BLOCK OF GALENA STREET Bill Kane told Council in order ~o implement the plan for the Rio Grande site, the planning office wants a portion of Galena Street closed. The alley behind the Bank would remain open as would the portion of the street from the alley to Main street. The planning office recommends that this be closed so that construction and grading can begin for a new shuttle bus alignmen~ and construction of the trails on the Rio Grande property. Part of the plan tha~ was approved for the Rio Grande property was ~o have no vehicular traffic from the Rio Grande to Galena street. The parking spaces for the Kandahar apartments will remain. Kane told Council once they get final design plans, the planning office will ask to have all of 100 north Galena street closed. Hall Clark asked that the Courthouse parking lot temporarily be allowed to exit north of the sheds. Councilman Behrendt made a motion to close that portion of Galena street; seconded by Councilwoman Pedersen. All in favor, motion carried. CITY MANAGER 1) City Manager Mahoney reported to Council tha~ he would go ahead with the labor on the Rio Grande property that should be completed by the second week in A~ugus~. Mahoney said he would probably have to ask for approxlmately $1500 in Augus~ for gravel and landscaping. Mahoney reported that the City had just gotten another fifteen days CETA (federal) funding for labor. Total CETA funding has amounted to $35,000. 2) City Manager Mahoney requested time for an executive session to discuss the Wally Mills' property. City Attorney Stuller told Council she needed some time to prepare, the City did no~ have an appraisal ye~, nor an answer from the title insurance company. 3) City Manager Mahoney asked Council for an ordinance for funds for the Meadowood agreement. Council agreed this would be discussed later on in the agenda. P~ESOLUTION #35, SERIES OF 1975 - Council Goals and Priorities Mayor Standley and the Council made changes in the resolution so that it reflected the Council's work sessions on goals and priorities. Councilman De Gregorlo moved to read as amended; seconded by Councilman Behrendt. All in favor, motion carried. RESOLUTION ~35 (Series of 1975) WHEREAS, the members of City Council have discussed and agreed to a series of priorities for expenditures for the 1976 municipal budget year, and WHEREAS, the City Council wishes to itemize these priorities for the benefit of the City Hall Administration so that the department heads may submit their budgets in conformance with the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the following programs shall recelve top priority for · mplementation in the fiscal year of 1976: (a) The establishment of funding of an employee housing director jointly with Pitkin County (b) The enhancement and protection of the City's water rights. (c) The microfilming of all City records provided the same can be accomplished in conjunction with the Pitkin County Clerk and Recorder's Office with joint use of facilities. (d) The development of a Teen Cen~er which is financially independent and not subsidized by the City except to the ex~en~ of making public facilities available if they should exist. (e) The restoration of the Wheeler Opera House to the extent of brining the building's electrical system to standard. (f) The design of the reclaimed third floor of the City Hall Building. (g) The continuation of the electrical undergrounding program. (h) The allocation of employee time to the procurement of federal and state funding for city and county projects. (i) The development of a design for use of the Rio Grande Property, and initial implementation of any such design agreed upon. (j) The planting of trees in Wagner Park. (k) The expansion of the existing pedestrian mall and conversion of ex~sting and newly malled streets into the final mall design. (1) Initiation of a street paving program for the City. ~.~ (m) Initiation of an alley paving program by district. 2. The following programs shall receive secondary priority for implementation for the fiscal year 1976: (a) The formulation of an annexation policy. (b) The investigation of geothermal possibilities within Pitkin County. (c) Beginning the reconstruction of the third floor of the City Hall Building. (d) Consideration of the expansion of the golf course onto the Jim Moore Property. 3. That the fOllowing programs shall receive the lowest priority for implementation in the fiscal year 1976, but still receive the attention of the City Administration: (a) the microfiliming of City records if it must be entirely funded by the City. (b) The resodding of Wagner park. 4. The Council further resolves that it has continuing interest in a land acquisition program to acquire (a) the Shaw Property Triangle (First and Smuggler), (b) Bass Park, and (c) the Sinclair Station site. 5. Finally, the Council wishes to fully develop its Transi~ Plan including (a) expansion of the mass transit program, (b) satisfaction of the City's parking needs, (c) creation of an urban design plan, and (d) integration of all transit programs with the Rio Grande Property Development. was read by the City Attorney. Councilman De Gregorio moved to adopt Resolution ~35, Series of 1975; as.~m~_~ded;i~second~d Councilwoman Johnston. All in favor, motion carried. Councilmembers Johnston and Behrendt left the Council Chambers. ORDINANCE ~50, SERIES OF 1975 - Refinancing the City's Water Bonds City Attorney Stuller read two recommended changes into the ordinance. Councilwoman Pedersen moved to read Ordinance #50, Series of 1975, as amended; seconded by CoUncilwoman Johnston, All in favor, motion carried. ORDINANCE #50 (Series of 1975) AN ORDINANCE AUTHORIZING THE ISSUANCE OF ~ENERAL OBLIGATION WATER EXTENSION AND IMPROVEMENT REFUN~NG BONDS IN TRE PRINCIPAL AMOUNT OF $967~000 OF ASPEN, COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION WATER EXTENSION AND IMPROVEMENT BONDS OF TH~ CITY OUTSTANDING IN THE AMOUNT OF $1,140~000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ~CCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRE- SCRIBING OTHER DETAILS IN CONNECTION THEREWITH AND PROVIDING THE EFFECTIVE DATE HEREOF was read by the City Attorney. Councilwoman Pedersen moved to adopt Ordinance #50, Series of 1975,asamended, on f~rst read seconded by Councilman Wishart. Roll call vote; Councilmembers Parry, aye; Wishart, aye; Pedersen, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. RESOLbTION #32, SERIES OF 1975 - Minimal Stream Flow Mayor Standley told Council that a resolution of this type regarding minimum stream flow ~as recommended_by the. City's water attorney~ John Musick, at the last Council meeting. ouncl±memDers ~enrendt an~ Johnston returne~ to Chambers Councilwoman Pedersen moved to read Resolution ~32, Series of 1975; seconded by Councilman De Gregorio.. All in favor, motion carried. RESOLUTION #32 (Series of 1975) WHEREAS, the State of Colorado has, by adoption of Senate Bill 97, encouraged the retention of minimum stream flows within the Colorado River System, and WHEREAS, the Aspen City Council actively supports this proposition and wishes to endorse local efforts to achieve minimum stream flows and direct use of city'owned water to achieve these ends, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That it does encourage its administrators to use the city-owned water rights on all of the side tributaries of the Roaring Fork'~ River, when possible, to the advantage of the maintenance of minimum stream flows in such tributaries; 2. That it does applaud specifically the action taken by the Pitkin County Commissioners in filing its minimum stream flow application; and 3. That it does agree to cooperate with those who advance techniques designed to preserve minimum stream flow throughout the Roaring Fork Valley. was read by the City clerk. Councilwoman Johnston moved to adopt Resolution #32, Series of 1975; seconded by Councilman De Gregorio, Councilwoman Johnston questioned the dangers of this type of resolution that Musick told the Council about, a possibility of the City's water rights being joepardized. City Attorney Stuller said anytime the City asserted rights on stream flows or attempts to reduce the use of the water, people may retaliate. That is where the danger is, not in the wording of the resolution. Ail in favor, motion carried. ~f~-- Res. 33,1975 RESOLUTION #33, SERIES OF 1975 - Lease-purchase of Computer Software Lease- purchase of Mayor Standley asked Finance Director Butterbaugh if the buses would be re-financed computer under the same program with First National. Butterbaugh answered that that question had not been looked at but that it looked like the interest rates were so much lower it may be feasible to re-finance the buses as a separate transaction. Mayor Standley pointed out that the dates on the contract had to be in discreet intervals so that there is no overlap. Mayor Standley questioned the program licensing agreement with regard to software not being given away, and asked if the City could use the software on a time sharing. Butterbaugh said the City could use the program to make money but not to sell. Mayor Standley noted that under maintenance agreement the City was paying a lot. If there is downtime and the City looses billing periods, there should be compensatory service or reimbursement. Butterbaugh said she had advised that the City wanted to have a penalty clause on the repair response time. Butterbaugh pointed out there were two modoms needed at $200 each, but that is an outside cost. Butterbaugh explained that she felt at the initial purchase another 32K at $5400 should be bought. Butterbaugh has been working with the county as a joint venture. They will either share the costs of the hardware payment 50/50, and then prorate the ~ser cost by the amount of usage going in. The other approach is to give the county a proposal just based on service bureau costs. Mayor Standley asked if the City should have some of the alternate funding programs con- tracted up before the City spends $97,000. Butterbaugh said the two problems with that are (1) the City is having trouble finding service bureau ratios for charging (2) the City has not given the County a hard proposal on this funding. The contract is a walk- away through July 28. The M.A.A. has indicated they have no problems going on with their agreement. Butterbaugh said she anticipated delivery in October. Councilwoman Pedersen moved to read Resoluction ~33, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. RESOLUTION ~33 (Series of 1975) WHEREAS, the City of Aspen has been offered a quotation from Data General Corporation dated June 17, 1975, and numbered 34463 , for the lease-purchase of computer software and equipmen~ as therein itemized, and WHEREAS, the City Council wishes to indicate its willingness to accept the proposal and the terms of the simultaneously submitted End User Contract, Program License Agreement, and Maintenance Agreement, and WHEREAS, Data General Corporation has requested that such approval be by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That it does authorize the City Manager to accept the proposal of Data General Corporation and order the equipment itemized in its quotation numbered 34463. 2. That it does further authorize the City Manager to accept the terms of the User End Contract, Program License Agreement, and Maintenance Agree- ment (as amended by the letter of Michael R. Lanagan dated July 3, 1975) also tendered by Data General Corporation, and 3. That the authorization herein made is subj'ect to final ratification by ordinance and appropriation of funds, all as specified in the provisions of the Aspen Home Rule Charter. was read by the city clerk. Councilwoman Johnston moved to adopt Resolution ~33, Series of 1975; seconded by Council- woman Pedersen. All in favor, motion carried. Ord.41, 197~ ORDINANCE ~41, SERIES OF 1975 - Reimbursement for trail construction; appropriating same Reimbursemen for trail Mayor Standley told Council this is an emergency ordinance which came out of a finance construction committee meeting and Council discussion regarding use of the money from the Federal government as reimbursement for trail construction. A special meeting for second reading of this ordinance was set up for Monday, July 21, 1975; at 5:00 p.m. Councilwoman Pedersen moved to read Ordinance ~41, Series of 1975; seconded by Councilman De Gregor~o. All in favor, motion carried. ORDINANCE ~41 (Series of 1975) AN EMERGENCY ORDINANCE RECOGNIZING RECEIPT OF $18,606.02 REIMBURSEMENT FOR PREVIOUS TRAIL CONSTRUCTION; APPROPRIATING THE SAME AS FOLLOWS: $6,400.00 FOR PENAPRIME; $1,400.00 FOR PENAPRIME BASE; $3,606.02 FOR GRAVEL; $1,000.00 FOR IMPROVEMENTS TO THE RED MOUNTAIN PARKING LOT; $3,500.00 FOR ELECTRIC LIGHTS FOR THE BASEBALL FIELDS WITH AN ADDITIONAL S500.00 FOR BASEBALL NETS; $2,200.00 TO COVER PREVIOUSLY APPROVED INCREASED COUNCIL SALARIES; AND FURTHER DECLARING THAT AN EMERGENCY EXISTS MANDATING THAT THE ORDINANCE TAKE EFFECT UPON FINAL PASSAGE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #41, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye, Mayor Standle~ aye. Motion carried. ORDINANCE #42, SERIES OF 1975 - Campaign Expenditures Ord.42,1975 Campaign Mayor Standley told Council this ordinance had been drafted due to the money the County Expenditures~ spent on the rail transit question and the money had and Robert Barnard spen~ on the mayoral election. Mayor Standley said he felt that it was absurd to be spending that kind of money in this community given the resources we have. City Attorney Stuller explained that these are only organized expenditures; this does not prohibit an individual from contributing for his own purposes. Each side of an issue would get $10,000 to spend on the campaign. Councilman De Gregorio moved to read Ordinance #42, Series of 1975; seconded by Council- man Parry. All in favor, motion carried. ORDINANCE ~42 (Series of 1975) AN ORDINANCE IMPOSING LIMITATIONS ON CAMPAIGN EXPENDITURES FOR CANDIDATES SEEKING PUBLIC OFFICE WITHIN THE CITY OF ASPEN AND CALCULATING THE LIMITATIONS ACCORD- ING TO THE NUMBER OF REGISTERED VOTERS AT THE PREVIOUS MUNICIPAL ELECTION; FURTHER LIMITING EXPENDITURES IN SUPPORT OF OR IN OPPOSITION TO ELECTION ISSUES TO TEN THOUSAND ($10,000.00) DOLLARS; ~ND IMPOSING PENALTIES FOR VIOLATION OF THESE PROVISIONS INCLUDING FINES AND IMPRISONMENT NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS AND/OR NINETY (90) DAYS; AND FURTHER PROVIDING ON CONVICTION~ FOR FORFEITURE OF THE OFFICE TO WHICH ELECTED was read by the City Clerk. Councilwoman Johnston moved to approved Ordinance ~42, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vote, Councilmembers Wishart, aye; Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~43, SERIES OF 1975 - Annexation of Enclaves 0rd.43,1975 Annexation of City Attorney Stuller told Council this was the next step ~n annexing the three Enclaves surrounded lots in the Snowbunny area. Councilwoman Pedersen moved to read Ordinance #43, Series of 1975; seconded by Council- man Behrendt. All in favor, motion carried. ORDINANCE ~43 (Series of 1975) AN ORDINANCE ANNEXING TO THE CITY OF ASPEN THREE (3) ENCLAVES OF LAND ENTIRELY CONTAINED WITHIN THE BOUNDARIES OF THE CITY OF ASPEN AND ANNEXING THE SAME PURSUANT TO THE PROVISIONS OF SECTION 31-8-106(1), C.R.S 1973, THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk. Councilwoman Pedersen moved to adop~ Ordinance ~43, Series of 1975, on first reading; seconded by Councilwoman Johnston. City Attorney Stuller told Council she had contacted the three land owners this annexation would affect and got no response at all. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #44, SERIES OF 1975 Appropriating Sixth and Seventh penny tax Proceeds to Reserve Funds Mayor Standley asked if the City put the bond reserves into interest bearing escrow. Butterbaugh said yes, they were at First National at 6-3/4 C.D.s which is part of the bus agreement that the City would invest. This $100,000 is 1974 reserves. The 1975 reserves were appropriated into the proper reserve funds. Councilman De Gregorio moved to read Ordinance ~44, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~44 (Series of 1975) AN ORDINANCE APPROPRIATING $100,000.00 OF 1974 SIXTH AND SEVENTH PENNY TAX PROCEEDS TO THE RESERVE FUNDS ESTABLISHED ON ADOPTION OF THE RESPECTIVE TAXES; OF WHICH AMOUNT $50,000.00 SHALL BE ALLOCATED FOR THE SIXTH PENNY, and $50,000.00 FOR THE SEVENTH PENNY RESERVE FUNDS, ALL OF WHICH IS REQUIRED BY THE PROVISIONS OF ORDINANCE 21, SERIES OF 1972, AND ORDINANCE 24, SEREIS OF 1973 was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~44, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~45, SERIES OF 1975 - Appropriating Seventh Penny Sales Tax This ordinance was requested to be drafted at the last Council meeting to take care of funding a portion of the UMTA grant and Citizens Caucus and the minibus interest. Pedersen moved to read Ordinance ~45, Series of 1975; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~45 (Series of 1975) AN ORDINANCE APPROPRIATING UNAPPROPRIATED SEVENTH PENNY SALES TAX PROCEEDS IN THE AMOUNT OF $20,550.00 FOR PAYMENT OF THE UNDERGROUND OFF-STREET PARKING STUDY, MINIBUS INTEREST PAYMENTS, AND CITY OF ASPEN CONTRIBUTION TO THE UMTA GRANT STUDY COSTS, AND COSTS OF REGRADING THE RIO GRANDE PARKING LOT was read by the city clerk. Councilwoman Johnston asked if this would be the appropriate time to consider funds to send someone to Washington D.C. to UMTA. Mayor Standley said the money could come out of the Council travel budget rather than seventh penny funds.. Councilwoman Pedersen moved to adopt Ordinance ~45, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers De Gregorlo, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Mayor Standley told Council that John Hurton, from UMTA, was in Aspen last week. Hurton explained what happens to the grant next. After getting the offset printing of the final report of the Committee, then a delegation will be sent to Washington D.C. comprised of the Chairman of the County Commissioners, the Mayor, County Manager, and two citizens, Fritz Benedict and Jane Bruggerman, and Howard Ross. All of the people being sent to Washington will be funded by Caucus money except Mayor Standley. Mayor Standley needs Council permission to spend s350 to $400 to go to Washington. Councilman Behrendt moved to approve the expenditure for a trip to Washington D.C.; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE #46, SERIES OF 1975 - Traffic Penalty Assessment Schedule City Attorney Stuller explained to Council that when Aspen became a Home Rule City, the Council adopted by reference all administrative codes. The State enacted the Municipal Court Rules of Procedure which delegated the Municipal Judges the authority to set penalty assessments. There are two conflicting authorities. City Attorney Stuller said Ordinance ~46 was designed to eliminate this conflict by striking the penalty assessment schedule and reserves for the Municipal Judge the right to set penalty assessment. This would give the city the flexibility to change penalty assessment and the immediate need to increase the parking fine schedule because of the cost of administrating these tickets is more than $3. Councilwoman Pedersen moved to read Ordinance ~46, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~46 (Series of 1975) AN ORDINANCE REPEALING SECTION 5 OF ORDINANCE 31, SERIES OF 1971, WITH RESPECT TO THE TRAFFIC PENALTY ASSESSMENT SCHEDULE INCORPORATED THEREIN, WHICH REPEAL WILL ALLOW SCHEDULING OF SUCH FINES BY THE ASPEN MUNICIPAL COURT PURSUANT TO RULE 210(b) (4) OF THE COLORADO MUNICIPAL COURT RULES OF PROCEDURE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~46, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. ORDINANCE #47, SERIES OF 1975 - Licensing Rental Units ~n the City of Aspen Mayor Standley told Council that he had m~scommunicated what he ~anted to the City Attorney!! His intent had been to license rental units so that they had to pay 7 per cent sales ~ax directed at people who rent their homes or condominiums privately. City Attorney Stuller had drafted an ordinance which allowed inspection and re-inspection of rental units %o make sure they met the housing code standards. The state statutes had enabling legislation ~o collect sales tax. City Attorney Stuller told Council the problems of this type of ordinance is cost, an additional level of bureaucracy, and a question of how effective rental unit inspection would be. City Attorney Stuller said people who rent out rooms, houses, for less than thirty days have to pay 7 per cent taxes. Councilwoman Pedersen said she felt an ordinance of this type was attractive because many units that are rented are under code. Council decided not to discuss an ordinance of this type right now. ORDINANCE ~48, SERIES OF 1975 - Transferring Escrowed Subdivision Dedication Fees Councilman De Gregorio moved to read Ordinance ~48, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~48 (Series of 1975) ~ AN ORDINANCE TRANSFERRING THIRTEEN THOUSAND FOUR HUNDRED NINETY-ONE ($13,491.00) DOLLARS OF ESCROWED SUBDIVISION DEDICATION FEES TO THE TRANSPORTATION FUND; AND FURTHER APPROPRIATING THE SAME FOR THE ACQUISITION OF THE THOMAS PROPERTY was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~48, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmember Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~49, SERIES OF 1975 Appropriating PIFs to Cemetery Lane Waterline Councilwoman Johnston moved to readL Ordinance ~49, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~49 (Series of 1975) AN ORDINANCE APPROPRIATING FOURTEEN THOUSAND ($14,000.00) DOLLARS OF UNAPPROPRIATED PLANT INVESTMENT FEES FOR THE CONSTRUCTION OF THE CEMETERY LANE INTERCONNECT WATER LINE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~49, Series of 1975, on first reading; seconded by Councilwoman Johnston. Councilman De Gregorio asked if this money existed. Butterbaugh told Council almost all of this project was coming out of present inventory; the water department was using various overuns from previous jobs. This will have a minimal impac~ on the cash flow. Roll call vote; Councilmember De Gregorlo, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. MEADOWOOD PIPE LINE AGREEMENT Mayor Standley told Council that someone in Meadowood had complained that the city ruined his patio, broke his trees, etc. City Manager Mahoney, Mayor Standley, Henry Pedersen, and Jim Markalunas looked at the area. Mayor Standley said there is some damage where the city took the 30 inch pipeline of last year. Not all the damage has been done by the city, but we do have some responsibility. There has also been an argument about trail easements, which the city has decided to abandon. People have been complaining about the city driving trucks through this property. Mayor Standley pointed out that there are three fences through there and grass fields and the city has not driven any trucks through there for fifteen months. Mayor Standley said Henry Pedersen can fix up the citizen's property fo~ $300. The $1200 funding is where the grass has not filled in on the right-of-way and it does look like a road. One section of 100 feet needs a couple of loads of topsoil. Peders~ said he could drill seed it in the fall so the grass seed does not blow or wash away. The city agreed that they would do these things and they are part of the pipeline agreement and the money would come out of PIFs. City Attorney Stuller asked Council for their permission to make minor changes on the agreement that would not affect the substance. The agreement is drafted to preserve common law rights as a prescripted easement holder and yet assume the city's common law obligations. The city has an obligation to restore property, and have an obligation to allow people to use surface rights if it doesn't interfere with the city's particular use. Mayor Standley pointed out that the $1200 expenditure was on city property; only $300 would be spent in Meadowood. Councilman Behrendt moved to approve the Meadowood Pipeline Agreement; seconded by Councilman Parry. All in favor, motion carried. Mayor Standley instructed City Attorney Stuller to draft an ordinance allocating $1500 PIF to the Meadowood work. Mayor Standley asked Council if anyone objected to having Henry Pedersen go ahead with the $300 work to settle the citizen's complaint. No one objected. MAYOR'S DEED Gertrud Meyer Councilman De Gregorio moved to approve the Mayor's Deed to Gertrud Meyer for Lots K, L, M, N, O and P, Block 18, City and Townsite of Aspen, County of Pitkin, State ~-~ of Colorado; seconded by Councilwoman Johnston. All in favor, motion carried. Mayor's Deed MAYOR'S DEED - Carl H. Anderson and Kathleen M. Anderson Anderson Councilman Behrendt moved to approve the Mayor's Deed to Carl H. Anderson and Kathleen M. Anderson for Lot 1, Ute Addition to the City and Townsite of Aspen, except the West thirteen (13) feet thereof, County of Pitkin, State of Colorado; seconded by Councilwoman Pedersen. All in favor, motion carried. Annexation- ANNEXATION OF PARTLY SURROUNDED AREAS partly surrounded City Attorney Stuller told Council there were two tracts of land that are partly surrounded, lands one on the West End and one next to Herron Park. City Attorney Stulter had itemized the procedures for ann~exing these lands. City Attorney Stuller told Counc.il if they wanted ~o go ahead and initiate the hearings to let her know, otherwise she would just let the subject drop. Councilwoman Pedersen asked to have the cost sheets on annexing these tracts which were done by the Urban Economist brought up. Mayor Standley pointed out this was just ~o clean up the boundary of the city, it was not a major annexation. Councilman Behrendt suggested going ahead with this annexation and having maps, cost sheets, etc. made into a packet. Elay ELAY CONSTRUCTION CONTRACT Construction water Mayor Standley had had the Brush Creek water service con~ract circulated to Council. contract City Attorney Stuller wants Council to enter into nego~ations to terminate that contract. Councilman Behrendt moved to enter into negotiations to terminate the water contract; seconded by Councilwoman Pedersen. All in favor, motion carried. VENDING POLICY Vending Mayor Standley told Council this issue had arisen from many areas. People have been asking for vending permits. City Attorney Stuller had submitted a memorandum to Council on vending policies in general. The basic policy has been no vending. The Mall Commission would like some kinds of vending, and not like other kinds of vending. Councilman Behrendt asked why the policy had been no vending. Mayor Standley said that as a Council, vending policy had never been discussed. Councilman Wishart pointed out that many businessmen objected to vending on the public rights-of-way. City Attorney Stuller said if the Council wanted to allow vending, it be allowed selectiye~y and the Council contract vendors. This way the Council does not have to contract any vendors they do not want. Councilman De Gregorlo said he liked this approach. Vending will be done on contract because a franchise would have to be put to the ~otal electorate, and licensing can not be discriminatory. Council decided as a general Council policy to allow vending on public rights-of-way by contract with the City Council. Councilwoman Pedersen moved to have the City Attorney draw up an ordinance allowing contracting with vendors; seconded by Councilman Behrendt. Councilman Behrendt asked if there could be more than one contract for a specific item, in other words, not creating a monopoly. Mayor Standley said yes, that contracting with vendors lust allows the City Council selectivity. Mayor Standley said Council could delegate review authority to the Mall Commission for vending in the Mall so that they can send recommendations to Council. All in favor, motion carried. Council decided that Peppermin~ Patti could continue vending until the code was changed. Peppermint Patti would then have to contract with Council. Councilwoman Johnston said she would like to see Council handle the Popcorn Wagon in Popcorn the same manner. Mayor Standley said the discussion on the Popcorn Wagon had lasted Wagon for two years. The question of whether it was a vehicle or a structure was incredible. Following Councilwoman~Johnston's suggestion may finally solve the problem. Mayor Standley recommended that the Mall Commission and the Mall Planner address the Popcorn Wagon as a locational decision in the design of the mall. Council directed Mall Commission to deal with the Popcorn Wagon. Benedict BENEDICT PROPERTY ANNEXATION Property annexation Mayor Standley explained to Council that Benedict wants his parking lot annexed but there doesn't seem to be any apparent reason to annex. City Attorney Stuller pointed out this annexation would increase contiguity for the balance of the Stillwater tract. Council decidsd to continue the discussion of this annexation until the applicant could be present. Councilman De Greqorio moved to table the Benedict Annexation; seconded by Councilman Wishart. All in favor, motion carried. Councilman Behrendt moved to adjourn the regular Council meeting at 8:20 p.m; seconded by Councilwoman Pedersen. All in favor, motion carried. - ~ Kath~n S/Hauter, City Clerk