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HomeMy WebLinkAboutminutes.council.19751110 Regular Meeting Aspen City Council November 10, 1975 The meeting was called in order at 5:10 p.m. by Mayor Pro Tem, De Gregorlo, with Councilmembers Behrendt, Johnston, Parry, Wishart, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilman Parry moved to approve the minutes for October 14, and October 27, 1975; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston questioned the money out of mall maintenance paid to Jim Furniss in October; there were two checks in October. Finance Director Butterbaugh told Council the only money paid to Furniss was the contract price of $750 every two weeks and any- thing paid out of his own pocket. These checks don'~ come out of the regular payroll and perhaps the checks had been delayed some. Councilwoman Johnston questioned Furniss' salary coming out of mall maintenance. Ms. Butterbaugh told Council she felt this was an appropriate place for this. % Councilman Parry moved to approve the accounts payable; seconded by Councilman Wisharto All in favor, motion carried. CITIZEN PARTICIPATION Christmas 1. Jeanne Bascom requested Council's permission to put up a Christmas tree in the mall Tree on December 18 for..the Trim Tree Carol Sing on December 19th. This is the fourth year they have done this; the tree was previously in the Aspen Arcades. Ms. Bascom also asked permission to use the City buses to t~ake the carollers up to the hospital and around to sing to shut-ins. They plan to sing in the mall from 6:00 to 6:45 p.m. and around town from 6:45 to 7:30 p.m. on Friday, December 19th. Councilman Wishart moved to agree to putting up the tree and use of City buses as long as there are no objections from the Mall Commission and Yank Mojo, Transportation Director. Seconded by Council woman Johnston. All in favor, motion carried. 2. Remo Lavignlo told Council it was his understanding that Oklahoma Flats is proposed Oklahoma Flats to be down zoned from R-15 to R-30. Lavignio told Council that at their own initiative rezoning the majority of the property owners signed a petition in support of this proposal. request Lavignio submitted the petition into the records and read it to Council. Lavagnlno added that the property owners felt the buildable sites are very limited because of the steep terrain, and the streets and access are narrow and impedes movements. Councilwoman Pedersen came into to Council meeting. 3. George Ochs, County Engineer, on behalf of the County Commissioners invited the Air Terminal Opel City Council to attend an open house Sunday, November 23, from 2 to 4pom. for the House dedication ceremony of the n'ew air terminal. COUNCILMEMBER COMMENTS street 1. Councilwoman Johnston asked City Manager Mahoney about the street lights around the lights Courthouse and on the Rio Grande property. Mahoney told Council the lights will be working by Wednesday, November 12th. 2. Councilman De Gregorio t~ld Council the planning office had asked for a special Special Session meeting and executive session. The special meeting is for the mall and the executive session for the Aspen One property trade. The planning office has also asked for a meeting regarding Little Annie Ski Basin. Council set the special meeting for November 17th at 5:00 p.m. STUDENT COMMENTS Councilman De Gregorio told Council there would be student comments at the next meeting as the student body had not yet elected a representative. Student HOLIDAY HOUSE Purchase and Sale Holiday House Purchase & Andy Hecht, representing the applicants, told Council that his clients had purchased all Sale assets including the property. City Attorney Stuller pointed out there were five objections in her memorandum to Council; all had been met except for the certificate of incorporation. This corporation had filed with the Secretary of State but had not yet received their certificate. Approval would have to be conditioned upon receipt of this certificate. Councilman Behrendt moved to approve the transfer of liquor license pending the receipt of the certificate of incorporation; seconded by Councilman Parry. Councilman Wishart asked the applicants if they planned to do a large bar business as the barroom is so large. The applicants stated it was left the way it was when they purchased the building. Councilwoman Pedersen asked about the outstanding debts; the creditors should be satisfied. Gil Colestock, former owner, told Council that he thought the former restaurant had paid all outstanding bills. Colestock said he had not been contacted by anyone for payment of bills. Hecht told Council his clients would assume the liability for food and liuqor bills; to that extend they will assure the Council of responsibility. Councilman Behrendt added the condition to his motion that the applicants be responsible for food and liquor bills outstanding; added condition seconded by Councilman Parry. All in favor, motion carried. Councilman Behrendt moved to add a study presentation to the agenda; seconded by Council- woman Pedersen; All in favor, motion carried. Tom Jergenson, representing a private group of citizens in Aspen, told Council they had just completed a study outlining a proposal for a major resource recovery operation in Aspen. Jurgensen submitted the proposal to Council and asked them to consider it. Councilman De Gregorlo to~d Jurgensen to work on this project through the City Manager. SOLARIUM- Purchase and Sale Solarium Purchase & orothy Nuttall, representing the applicnat Charles Hall, presented the purchase and sale sale to Council. Councilman De Gregorio asked about the outstanding bills from the previous owners. Hall told Council there had been $46,000 of outstanding bills; all but $5,500 of which had been paid off. Hall said they are negotiating for about half of the out- standing bills. For the sale to consumate, Hall had guaranteed payment of all these bills. Ms. Nuttall told Council that the Solarium, Inc. is running the business with a managerment agreement with Mr. Hall. Ms. Nuttall had filed a trade name affidavit to do business as the Greenhouse Gourmet. City Attorney Stuller asked if they intended to establish a new coporation. Ms. Nuttall answered, no, there would be different stoekholder~. Councilman Behrendt moved to approve the transfer of the liuqor license; seconded by Councilman Parry. Ail in favor, motion carried. CAPTAIN'S ANCHORAGE - Request for Improvement to Existing Enroachment Captain's Anchorage Jack Little, owner of the Captain's Anchorage, told Council he was attempting to improve Encroach- an existing enroachment. Th~ canvas and steel pipe awning had to be redone. The side- ment walk area extends out 13 feet 4 inches; he wanted to make the awning a more permanent structure to protect the entrance way to the restaurant. Little told Council he had acquired the restaurant with this awning. The improvement would cover ~he exact same area. Councilman Behrendt moved to approve the enroachment with the City Attorney's usual stipulations; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~58, Series of 1975 - Colorado Day )rd. #58, 1975 olorado Day Mayor Pro Tem De Gregorlo opened the public hearing; there were no comments. Mayor Pro Tem De Gregorlo closed the public hearing. Councilman Parry moved to read Ordinance ~58, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~58 Series of 1975 AN ORDINANCE AMENDING SECTION 2-78 (7) OF THE ASPEN MUNICIPAL CODE ELIMINATING AS A RECOGNIZED HOLIDAY THE ELEVENTH DAY OF NOVEMBER (VETERAN'S DAY), AND SUBSTITUTING THEREFORE THE FIRST MONDAY IN AUGUST (COLORADO DAY) was read by the city clerk. Councilwoman Pedersen moved to approve Ordinance ~58, Series of 1975, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Wishart, aye; Mayor Pro Tem De Gregorio, aye. Motion carried. ORDINANCE #79 Series of 1975 Mayor Pro Tem De Gregorio opened the public hearing; there were no comments. Mayor Ord.79, 1975 Pro Tem De Gregorio closed the public hearing. Water Revenue~ Appropriated Councilman Parry moved to read Ordinance a79, Series of 1975; seconded by Councilwoman Pederseno All in favor, motion carried. ORDINANCE ~79 Series of 1975 AN ORDINANCE RECOGNIZING ADDITIONAL REVENUES IN THE WATER FUND FROM PLANT INVESTMENT FEES, BOND REFUNDING AND STATE GRANTS: AND APPROPRIATING MONIES FROM THIS FUND FOR WATER RIGHTS, THE GOLF COURSE INTERCONNECT AND DEPRECIATION Councilwoman Pedersen moved to approve Ordinance ~79, Series of 1975, on second reading; sec onded by Councilman Parry. Rbll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry aye; Pedersen, aye; Wishart,aye; Mayor Pro Tem De Gregorio, aye. Motion Carried. ORDINANCE a 76, Series of 1975 Mayor Pro Tem De Gregorlo opened the public hearing; there were no comments. Mayor Ord.76,1975 Pro Tem de Gregorlo closed the public hearing. Sixth Penny Appropriation Councilman Parry moved t~read Ordinance ~76, Series of 1975; seconded by Councilwoman Pedersen. ORDINANCE ~76 Series of 1975 AN ORDINANCE RECOGNIZING ADDITIONAL SIXTH PENNY SALES TAX REVENUES IN THE AMOUNT OF TWENTY THOUSAND ($20,000) DOLLARS AND APPROPRIATING THE SAME OFR PLUM TREE MAINTENANCE, BUCK FENCES, WHEELER OPERA HOUSE REPAIRS AND CONSTRUCTION OF A PARK MAINTENANCE BUILDING AND PLAYING FIELDS Councilwoman Pedersen moved to approve Ordinance ~76, Series of 1975, on second reading, seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen aye; Wishart, aye; Mayor Pro Tem De Gregorio, aye. Motion carried. ORDINANCE ~77, Series of 1975 Mayor Pro Tem De Gregorio opened the public hearing; there were no comments. Mayor Pro Tem De Gregorio closed the public hearing. Councilman Parry moved 5o read Ordinance ~77, Series of 1975; seconded by Councilwoman Pedersen. ORDINANCE ~77 Series of 1975 " AN ORDINANCE RECOGNIZING ADDITIONAL SEVENTH PENNY SALES TAX !0rd.77,1975 REVENUES AS WELL AS REIMBURSEMENT FROM PITKIN COUNTY FOR THE ~Seventh TRANSIT BUDGET AND SUBDIVISION DEDICATION FEES; APPROPRIATING iPenny THESE AND OTHER REVENUES TO THE TRANSIT SYSTEM FOR THE HOPKINS ~'Appropriation STREET FOOT BRIDGE MAINTENANCE, FOR RIO GRANDE IMPROVMENTS, FOR THE THOMASPROPERTY ACQUISITION AND ~MALL MklNTENA~NCE. Councilwoman Pedersen moved to approve Ordinance ~77, Series of 1975, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen aye; Wishart, aye; Mayor Pro Tem De Gregorio, aye. Motion carried. ORDINANCE ~78, Series of 1975 Mayor Pro Tem De Gregorio opened the public hearing; there were no comments~ Mayor Pro Tem De Gregorio closed the public hearing. Councilman Parry moved to read Ordinance #78, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried.. 0rd.78,1975 ORDINANCE $78 General Fund Series of 1975 appropriatior AN ORDINANCE RECOGNIZING ADDITIONAL REVENUES IN THE GENERAL FUND FROM STATE GRANTS, CITY SHARE OF THE PITKIN COUNTY SALES TAX, FEES, PERMITS, INTER-GOVERNMENTAL REVENUES, INTEl{EST INCOME, RENTS AND ROYALTIES; AND APPROPRIATING MONIES WITHIN THE SAME.FUND FOR CITY ADMINISTRATION AND DEPARTMENTS AND FOR CHARITABLE CONTRIBUTIONS was read by the City Clerk Councilwoman Pedersen moved to approve Ordinance $78, Series of 1975, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Pro Tem De Gregorio, aye. Motion carried. ORDINANCE $80, Series of 1975 Mayor Pro Tem De Gregorio opened the public hearing; there were no comments. Mayor Pro Tem De Gregorio closed the public hearing. Councilman Parry moved to read Ordinance $80, Series of 1975, seconded by Councilwoman Pedersen. All in favor, motion carried. 0rd.80,1975 Electric ORDINANCE $80 revenues - Series of 1975 appropriatiol AN ORDINANCE RECOGNIZING ADDITIONAL REVENUES IN THE ELECTRIC UTILITY AND APPROPRIATING THESE FOR DEPRECIATION AND SALARIES was read by the City Clerk Councilwoman Pedersen mo~ed..ko app~e~Ordi~nce $80, Series of 1975, on second reading; seconded by Councilm~i~a~y.~ Roll call vote; Councilmembers Eehrendt, aye; Johnston, aye; .par~, .aye; ~dersen, aye; Wishart, aye; Mayor Pro Tem De Gregorio, aye. ~o~'ion carried. CITY MANAGER Underground- 1. Mountain Bell Undergrounding: ing, Mountain Bell Urban Economist Simmons had submitted a memorandum to Council about this issue. City Manager Mahoney told Council he was recommending no action until the next Council meeting. Mahoney said by then Mountain Bell will have given the City accountants reply so the accounting procedures are changed with lower costs to go underground into the trenches. Mahoney told Council if Mountain Bell cannot accommodate the City with lower costs, the City will have to do something else. Mahoney listed the three alternatives (1) a contract for 3 per cent of the gross receipts (2) a franchise for about the same price so the City could pay fo~ the undergrounding (3) undergound by ourselves and pay for it out of electric revenues. Councilwoman Pedersen asked about the ordinance approach as discussed earlier. City Attorney Stutler told Council she was in the process of preparing an Ordinance and had planned to introduce it at the next Council meeting, council- woman Pedersen asked if it was worth trying to introduce something like this into the State legislature to see if there was statewide interest. C~ty Attorney Stuller said she would try, but pointed out that the session this year was Governor's Call. Ms. Stuller told Council she would send a copy of her proposed Ordinance to the Legislative Drafting office. Councilman Behrendt p0inted out that the Council had voted not only to have an Ordinance started but also to ge~ more information on other phone companies. CitY Manager Mahoney t01d ~°uncil that simmons was working on that. There are 39 0th~r Phone companies. There~e no municipalities Who own phone companies in c~oradq. _ ~ ~ ~ . ~ ~..i 2. Forest Service Review/Trip to Washington, D.C. Mahoney had submitted a memorandum to Council requesting permission to go to Washington to testify at the hearing because it is a formal affair as Forest Servic~ part of the City's process in the request to the Forest Serwa-ce to review review their decision. Mahoney said he would like to emphasize what he feels is a better method of regulating the ski industry, which is a hearing- examiner approach with a manual that each forest service supervisor could interpret. Mahoney stated that one hearingmexaminer making these decisions throughout the country would be more practical and efficient, and the cities would have better results. Councilman Behrendt asked if the City was working to get a rate change for this year. Mahoney answered no, there was no interest on that issue. ~ Mahoney told Council his position was, has been, and still is that the process is wrong. Mahoney said he wanted to correct the process. Mayor Standley would like to impress that the communities are impacted. Herb Klein, attorney for the Roaring Fork Citizen, will go to Washington and represent the position that the citizens would like changes to be made in the rates. City Attorney Stuller told Council that Klein has asked for a stay of execution in the rate change. The City had attached only the legal procedures of the Forest Service. Ms. Stuller told Council that it was her understanding that this Was the Council's position. Councilwoman Pedersen moved to issue s515 for the trip to Washington, D.C. for Mayor Standley and City Manager Mahoney; seconded by Councilman Wishart. City Manager Mahoney confirmed Council's position as not taking a stand for or against the stay of execution. The directions are that the Council does not represent itself as taking a stand on the stay of execution. Councilman Behrendt asked that Mayor Standley not address this issue in an official capacity. All in favor, motion carried. 3. Transportation Report. City Manager Mahoney tcld Council this item would be for information only, no~ for action. The issue will be discussed later on in the agenda. ~ 4. District Attorney's Office District City Manager Mahoney told Council he would like to ask for a study Attorney's session ~o discuss the District Attorney's office and the grand jury office, grand sometime in December. Mahoney said he would like the police department jury to tell Council the problems they have. Councilman Behrendt said he had not seen this particular letter from Mayor Standley to the District Attorney's office where a formal request ~ was made for a grand jury to be impanelled. Councilman Behrendt said he had worries about a grand jury. Councilman Behrendt stated that this City Council had not at any point requested a grand jury. Council- man Behrendt aske~ City ~an~ ~.~n~y 'c~ w~i'c~ c~ ~i~'icc ii~torney and inform him that the Council had not requested a grand jury. Council requested copies of letters from City Manager Mahoney and Chief of Police Hershey that were referred to in Mayor Standley's letter. Q0qnc~lman WSsh~t ~Ya~__t~ ~nfQrmjth~3District Att6rney that the Council ~ad~n~5 r~qu~e~ a grand jury; seconded by Councilwoman Johnston. All in favor, motion carried. ~'~ ..... Councilman Behrendt said he thought Mayor Standley felt he had the con- sensus of the entire Council, which he did not have. RESOLUTION ~38, Series of 1975 Councilwoman Pedersen moved to read Resolution #38, Series of 1975; seconded by Res.38, 1975 Councilman Behrendt. All in favor, motion carried. Savings & Loan RESOLUTION No. 38 (Series of 1975) WHEREAS, Hous~ Bill 1695, constituting the "Savings and Loan Association Public.Deposit Protection Act" in Section 5 thereof, has amended Section 31-20-303 C.R.S. 1973, such as to require that before state or national banks or savings and loan associations are used as depositories for public funds, that the same be approved and designated by written resolution duly adopted by a majority vote of the governing body, and WHEREAS, the City Council wishes to designate two banks and one savings and loan association as depositories of the City's funds and do so as provided in Section 31-20-303. NOW, THEP~EFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby approve and designate the Bank of Aspen, First National Bank of Aspen, and Aspen Savings & Loan Association as depositores for funds and monies of the City of Aspen, and require that the Director of Finance shall deposit all funds and monies that come into her possession by virtue of her office into only such designated and approved banks and savings and loan associations. was read by the City Clerk. Councilman Parry moved to adopt Resolution #38, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~81, SERIES OF 1975 - Amendment to Vacation Leave Ord. 81,1975 City Attorney Stuller explained to Council this amendment was requested by Amendment to Finance Director Butterbaugh so that employees may take vacation leave after Vacation six months. This does not increase the vacation days nor allow an employee to take a whole years vacation after six months. Councilwoman Pedersen moved to read Ordinance ~81, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #81 Series of 1975 AN ORDINANCE AMENDING SECTION 2-80 OF THE ASPEN MUNICIPAL CODE SO AS TO PERMIT EMPLOYEES OF THE CITY OF ASPEN TO TAKE VACATION LEAVE AFTER SIX (6) MONTHS EMPLOYMENT was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~81, Series of 1975, on first reading; seconded by Councilman Wishart. Roll call vote: Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Pro Tem De Gregorio, aye. Motion carried. ORDINANCE ~82, Series of 1975 Amendment to Liquor License Tax City Attorney Stuller told Council this amendment was the result of the General 0rd.82,1975 Assembly change to the liquor code. Liquor licenses will now be issued for a ~Amendment to year from date of issuance rather than on a calendar year basis. This amendment ~Liquor will eliminate the proration of occupation taxes. License tax Councilman Behrendt moved to read Ordinance a82, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~82 Series of 1975 AN ORDINANCE REPEALING AND REENACTING SECTION 4-24 OF THE ASPEN MUNICIPAL CODE SUCH AS TO ELIMINATE THE PROVISION FOR PRORATION OF THE LIQUOR LICENSE TAX FOR NEW LICENSES ISSUED AFTER JANUARY FIRST OF EACH YEAR, AND RETAINING THE REQUIREMENT THAT NO REBATE BE GIVEN TO BUSINESSES WHICH ARE DISCONTINUED PRIOR TO THE EXPIRATION OF A LIQUOR LICENSE. was read by City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~82, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vote; Councitmembers Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye;Behrendt, aye; Mayor Pro Tem De Gregorio, aye. All in favor, motion carried. ORDINANCE ~83, SERIES OF 1975 Councilman Behrendt moved to read Ordinance ~83, Sereis of 1975; seconded by Councilwoman Pedersen, All in favor, motion carried. ORDINANCE ~83 0rd.83,1975 Series of 1975 Amendment to AN ORDINANCE AMENDING SECTION 24-9.2 OF THE ASPEN MUNICIPAL HPC member- CODE SO AS TO EXPAND THE MEMBERSHIP OF THE HISTORIC PRESERV- ship ATION COMMITTEE BY PROVIDING FOR THE APPOINTMENT OF THREE (3) ALTERNATE MEMBERS;PROVIDING THAT THE ALTERNATES ACT ONLY IN THE ABSENCE OF A REGULAR MEMBER WHO SHALL APPOINT THE ALTERNATE WHO WILL ACT IN HIS BEHALF; AND FURTHER PROVIDING THAT IF NO ALTERNATE HAS BEEN SO DESIGNATED, THE CHAIR~N SHALL APPOINT was read by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~83, Series of 1975, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Pro Tem De Gregorio, aye. Motion carried. RESOLUTION No. 39, SERIES OF 1975-Resolution of Intent to Close the Streets City Attorney Stuller explained to Council that the Public Mall Act of 1970 set forth legislature for lcosing the streets. Sixty day publication and posting notice are required by law. Ms. Stuller told Council she would need some time to obtain a list of Res.39,1975 the abutting owners. Council set the public hearing on the street closure for Monday, Intent to February 16, 1976, at 7:00 p.m. Close ~ Streets Councilwoman Pederse~ moved to read Resolution ~39, Series of 1975, seconded by Council- woman Johnston. All in favor, motion carried. RESOLUTION No. 39 (Series of 1975) DECLARATION OF INTENTION TO ESTABLISH A PEDESTRIAN MALL Pursuant to Section 31-24-401, et seq., C.R.S. 1973, the Colorado Public Mall Act of 1970 WHEREAS, the Aspen City Council has determined that the enlargement of the pedestrian mall within the Aspen Commercial Core area will ease motor vehicular traffic congestion and reduce air pollution; provide a more attractive and relaxed shopping atmosphere; provide additional areas for public activities; aid the economic prosperity of Aspen by increasing the exposure of goods and services of local merchants; enhance Aspen's viability as a quality ski resort; complement the historic, clutural and natural features of the City; and generally create a safer and more healthful, productive and aesthetically and culturally pleasing community, and WHEREAS, during the 1970 session, the Colorado General Assembly determined that the creation of pedestrian malls in order to separate pedestrian traffic from vehicular traffic will serve to promote the public health, safety, and welfare in Colorado cities, and accordingly enacted the Public Mall Act ("Act") of 1970, Section 31-25-401, et seq., of the 19753 Colroado Revised Statutes, authorizing the establishment of such pedestrian malls by the legislative bodies of cities and towns (including home rule cities), and WHEREAS, said act provides for the initiation of closure proceedings by enactment of a Resolution of Intention and the City Council wishes to enact conformance therewith, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, Colorado that: 1. The Aspen City Council has determined and hereby declares that the public interest and convenience require the establishment of a pedestrian mall, and that vehicular traffic will not be unduly inconvenienced thereby. ~ 2. The Aspen City Council hereby declares its intention to establish a pedestrian mall in the Ciyt of Aspen, Colorado, pursuant to the authority and procedures contained in the Public Mall Act of 1970, Section 31-25-401, et seq., 1973 Colorado Revised Statutes. 3. The following is a general description of those portions of the public streets within the City of Aspen which are to be established as a pedestrian mall: (a) That section of Galena Street that lies between Cooper Street and Hyman Street; and (b) That section of Cooper Street between Galena Street and Hunter Street. In addition, portions of the following described street and/or alley inter- sections will be established as "mall intersections" and constitute a part of the pedestrian mall: (a) The intersection of Galena Street and Cooper Street; (b) A portion of the intersection of Cooper Street and Hunter Street (c) A portion of the intersection of Galena Street and Hyman Street; and (d) The intersection of Galena Street and Alleys 89 and 95. The proposed pedestrian mall is more fully described in the attached exhibit, incorporated by this reference, and graphically depicted in a map to be kept on file in the office of the Aspen City Clerk. 4. The City Council proposes to adopt an ordinance prohibiting all vehicular traffic on such pedestrian mall except fire fighting equipment, ambulances, police vehicles and other forms of emergency vehicles; public and utility vehicles; and service and delivery vehicles when permitted by the City Manager. 5. Damages, if any, allowed or awarded to any abutting property owner by reason of the establishment of the pedestrian mall, shall be paid at the time the amount thereof is finally determined, whether by agreement of the parties or by a court of competent 3urisdiction and shall be payable from general funds of the City, from proceeds of general obligation or revenue bonds, from other monies available to the City, or from any other source whatsoever, as the City Council may from time to time deem appropriate. ~ 6. Following the establishment of the pedestrian mall, improvements will be made thereto to be constructed by City employees or by private contractors under agreement with the City, and the same shall be paid from general funds of the City, from proceeds of general obligation or revenue bonds, from other monies available to the City, or from any other source whatsoever, as the City Council shall from time to time deem appropriate. 7. here shall be held on , at 5:00 P.M. in the City Council Chambers, City Hall, Aspen, Colorado a PUBLIC HEARING before the City Council relative to the establishment of the proposed pedestrian mall. Oral and~written._presentations.£rom abutting property'owners'and the ~ public at large in favor of or opposing, objecting to, or pro- testing the proposed pedestrian mall will be considered by the City Council at this public hearing. 8. ANY PERSON OWNING OR HAVING ANY LEGAL OR EQUITABLE INTEREST IN ANY REAL PROPERTY WHICH MIGHT SUFFER LEGAL DAMAGE BY REASON OF THE ESTABLISHMENT OF THE PROPOSED PEDESTRIAN MALL SHALL FILE A WRITTEN CLAIM OF DAMAGES, IF ANY DAMAGES ARE TO BE CONSIDERED OR ALLOWED, WITH THE CITY CLERK OF THE CITY OF ASPEN AT ANY TIME PRIOR TO THE FIRST READING OF TttE ORDINANCE ESTABLISHING THE PEDESTRIAN MALL. 9. TDis resolution shall be published in the Aspen Times three (3) times, once less than seventy-five (75) days but more than sixty (60) days prior to the date of the hearing; once less than forty-five (45) days but more than thirty (30) days prior to the date of hearing;and once less than fifteen (15) days but more than ten (10) days prior to the date of hearing set in Paragraph 7 herein.above. Councilman Wishart moved to adopt Resolution 939, Series of 1975; seconded by Councilwoman Johnston. All in favor, with the exception of ~ouncilman Parry. Motion carried .... ORDINANCE #84, SERIES OF 1975 - Commercial Bakeries in the S/C/I District Ord.84,1975 City Attorney Stuller told Council that the P & Z felt that large amounts of Commercial bakery products for wholesale, not retail, would be an appropriate use in the S/C/I Bakeries in District. · S/C/I ORDINANCE ~84 Series of 1975 AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE INCLUSION OF COMMERCIAL BAKERY AS A PERMITTED USE WITHIN THE SERVICE/COMMERCIAL/INDUSTRIALZONING DISTRICT OF THE CITY was read by the City Clerk ~ , · Councilwoman Pedersen moved to adopt Ordinance #84, Series of 1975, on first reading; seconded by Councilman Wishart. Councilwoman Johnston asked if it would be advisable to define more closely bakery within the ordinance. City Attorney Stuller said that the limits were set out in the P & Z discussion. Councilwoman Johnston said she would like to have the definition in the ordinance. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Pro Tem, aye. Motion carried. ORDINANCE ~85, SERIES OF 1975 - Creation of "OS" Open Space District City Attorney Stuller explained to Council that this ordinance was a zoning code change initiated by the P & Z. After the annexation of the Thomas Property, the only near district was" C" Conservation. There was a lot of opposition on the P & Z that the 0rd.85,1975 "C" district allowed too many activities. The land must be rezoned within ninety days "OS" distric~ after annexation. The P & Z made the recommendation that the "OS"district be created to accommodate major annexations to the City. The P & Z also had recommended that the Thomas Property be zoned "OS". Councilwoman Pedersen moved to read Ordinance ~85, Series of 1975; seconded by Councilwoman Johnston, All in favor, motion carried. ORDINANCE 985 (Series of 1975) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE CREATION OF A NEW ZONING DISTRICT TO BE KNOWN AS THE OPEN SPACE - OS DISTRICT; WHICH DISTRICT IS DESIGNED TO PROVIDE FOR PASSIVE RECREATIONAL AND AGRICULTURAL USES: AND WHICH DESIGNATES NO CONDITIONAL USES, BUT ITEMIZES PERMITTED USES INCLUDING, AMONG OTHERS, PASSIVE PARKS, AND CROP AND ANIMAL PRODUCTION was read by the City Clerk. Ms. Stuller emphasized the agricultural uses of the property. Council discussed the possibility of large agricultural uses that would be allowed by this ordinance. Council asked Ms. Stuller to redraft Ordinance ~85, Series of 1975, and cut down on these agricultural uses. Councilwoman Pedersen suggested the uses be limited to passive parks, botanical gardens, pasture and grazing lands, and that no structures be allowed unless incidental to the limited uses. TRANSPORTATION REPORTS City Manager Mahoney told Council that Transportation Director Mojo had informed the Transporta- City of the change in nature of the city bus system. There could be seven city buses on ~tion Durant street. Because of the traffic and congestion, was report it suggested that the Aspen Skiing Corporation and Aspen Highlands not use Durant Street. It was presented to Council that the Ski Corp and Highlands could use Rubey Park for their buses. Mahoney reminded Council this was a $320,000 piece of property, and told Council he felt that asking the Ski Corp and Highlands to contribute $20,000 each for service and maintenance would be fair. Mahoney said he based that on his interpretation of Council consensus. Mahoney told Council that he had relayed that information to Jim Adams of the Ski Corp. Last week Jim Adams had informed Mahoney that the Ski Corp did not intend to use Rubey Park but would use the Little Nell parking lot. Mojo indicated he felt this would be a workable system, that the city buses could make connections with the Ski Corp buses. Mojo had met with Whip Jones, of the Aspen Highlands. Highlands then would Transporta- like to have bus pickup throughout the city. Mahoney told Council that this was only tion report a report; he was not requesting action. Skip Gilkerson, Aspen Highlands in charge of transportation, presented a proposal that Highlands felt would alleviate the traffic problems around Rubey Park. Gilkerson told Council that two or three years ago Highlands had 13 pickups around the City. This yea~ the proposed plan had dropped this to eight pickups. Gilkerson said a benefit of the new route would be less congestion at Rubey Park and pickups without having the bus sto~ for long periods of time. Highlands would not be usihg Aspen Street at all. The propos ~1 would also give better skier convenience. Gilkerson also told Council that locals would be allowed to use the Highlands buses in route. Councilman Behrendt asked if the Council and City really wanted this type of pickup route; is the City willing to give the Ski Corp the same stops. Gilkerson pointed out that the Highlands did not own an area to use as a bus stop; this was their only alternative. Jim Adams told Council that the Ski Corp had spent four years trying to get a system that every body could understand. If the Council adopted a pickup plan, w~ would be right back where we were four years ago. Mojo told Council he did not want the bus systems to fight for Duran~ street. Mojo felt that the ski corporations should help to pay interest expense on the property. Mojo said he was perfectly willing to let the ski corporation use Rubey Park, but he felt that the ski corporations should contribute. Councilman Behrendt said he would like to see all the ski corporations business in one area and would forego some parking in Rubey Park to accomplish that. Mojo said he felt that Buttermilk, Highlands, and the Snowmass buses could use Rubey Park. This would serve a lot of tourists. The City had tried to make Rubey Park a real transportation system by running everything to it. It wouldn't make much sense to have a collector system if people had to walk to another system. Councilwoman Pedersen said the prime concern is that both Aspen Highlands and the Aspen Ski Corp be mad~ to feel their impact on the public streets~. Councilwoman Peders~ said she would like ~o see arrangements worked out where by the ski corporations would realize their liability in impacting the town. Councilwoman Pedersen said the load upon the streets is not the problem of the taxpayers to patch them up. ~Councilwoman Pedersen said she was concerned aboutprivate use of public facilities without any quid pro quo at all. Jim Adams said he didn't agree with Councilwoman Pedersen; that the bus system was taking a number of cars off the streets. Councilman Parry suggested a compromise set up so that the ski corporations could use Rubey Park if there was a chance they would pave it next summer. Ski corps, to Councilman Parry moved to let the two ski corporations use the Rubey Park area so that use Rubey the City can study the matter further without having to spend $20,000 on it and see Park if they could possibly pave Rubey Park next summer; seconded by Councilman Behrendt. Councilwoman Pedersen pointed out the severe grade problem in Rubey Park; perhaps the ski corporations would be willing to help grade and maintain it. Adams said the buses and skier activity would help keep the parking lot graded. Councilwoman Pedersen stated she did not feel the Council should make a decision of this magnitude without more information. Councilwoman Pedersen said she did not endorse the Highlands Plan. Councilman Wishart pointed out when Council discussed this previously, the Council was in consensus of supporting the amusement tax because ~e~ felt the ski corporations weren't carrying their load. The thinking at that time was that since the ski corporations weren't doing anything, perhaps if they wanted ~o use public land for private use, the City would ask them to reimburse the City some- what. With that in mind, the Council gave City Manager Mahoney~.the mandate to go to the ski corporations. The City is asking for the ski corporations response; they have not acknowledged that. Councilwoman Johnston agreed that the Council had not had enough time to digest this information. Councilwoman, ~ohnston stated she felt that the ski corporations would not give an inch; while the City keeps being asked to give up and give in. Councilman Parry stated the issue is moving the people. The City had to move people whether they are moved in City buses or ski corporation buses, and to make it as convenient for people as the City can. Councilman Parry said this should be worked ou~ some more and brought back to Council for a decision. City Manager Mahoney reminded Council it was his intention to give information tonight not to request action. This was a report to generate discussion. Councilman Behrendt reminded Council it was sixteen days until the season started; some negotiations and decisions have go~ ~o be made. Councilman Wishart said he did not want to give up something before we had any assurances from the ski corporations. Councilman Behrendt and Parry in favor of the motion; Councilmembers Wishart, Johnston, Pedersen, Mayor Pro ~m opposed. Motion dies. Councilman Wishart moved to have a resolution from the Council to direct the City Manager and the two ski corporations to go back ~o see if they can work something out with firm assurance from the ski corporation that will help the City ~out, with all due haste so that it can be a working system before Thanksgiving; seconded by Council woman Pedersen. Councilman De Gregor~o stated he wanted the Aspen Ski Corporation and Aspen Highlands to get the Rubey Park area, but he ~anted the City to get something in return. All in favor, motion carried. % 1889 Regular Meeting A~pen Cit~ Council November 10, 1975 Councilman Wishart moved to adjourn at 7:15 p.m.; seconded by Councilwoman Johnston. All in favor. Motion carried. / Hauter, City Clerk