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HomeMy WebLinkAboutminutes.council.197512221912 Regular Meeting Aspen City Council December 22, 1975 Meeting was called to order at 5:25 p.m. by Mayor Standley with Councilmembers Behrendt, Johnston, ~ishart, Parry, Pedersen, City Manager Mahoney and City Attorney Stuller present. MINUTES Councilwoman Johnston moved to approve the minutes of the November 24 and December 8, 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. CITIZEN PARTICIPATION 1. Kiefer Mendenhall suggested after last meeting that the malls were not for the local people in Aspen. Opposition Mendenhall asked to be on the agenda any time in which to be able to participate in a to mall dialogue with the Council. Mendenhall feit that Mayor Standley was elected on a mall expansion platform. Mendenhall stated that the Councilmembers and the Mayor were elected for the following reasons; because your lever was further up on the line than the opponents, some people voted for you because you are a male or because female, some people voted for you not because they wanted to vote for you particularly but becuase they liked your opponent less than you, some people voted for you because you were part of a large organization, some may have voted for you becauce you wanted to expand the mall. However, Mendenhall stated he did not feel that the Council has a mandate to expand the mall; and even if there is a mandate to expand the mall, mandates change and the mandate now is running counter to expansion. Mendenhall said he felt it would be a betrayal to the public if the Council goes ahead with expansion. Mendenhall mentioned that all businesses in general are against expansion, and perhaps the population are against expansion. Mendenhall mentioned that one of the City Hall employees was unable to post the intention to mall sign in more than two places, and one of the areas is moving from the area that is going to be malled. The Mall Commission doesn't support the design proposal. Mendenhall pointed out that the mandate has changed and suggested that the City Council support the new mandate. 2. Dave Stapleton, co-chairman of the Aspen World Cup Meet, presented a letter to Council, and read the letter into the record. Stapleton felt that it was government control over private enterprises. The letter was dated December 22, 1975, to the Aspen World Aspen City Council. Cup "Because of an unfriendly attitude toward conunercial sponsors of the professional ski races held here last week, the Aspen Ski Club has lost $20,000--possibly much more--in sponsorship fees for the World Cup races scheduled here March 12-14. Much of this harassment was generated by the city council's representative, the city administrator. The net result is that the Aspen Ski Club may be forced to cancel its participation in the Aspen World Cup meet due to lack of funds. Among the acts which have caused the Chryster Corporation to retract previous commitments to provide transportation for World Cup racers--from Denver to Aspen and return, and within the Aspen community during the meet--are: 1) R~fusal to permit a commercial banner over Main street promoting the pro race meet. 2) Defacing by vandals of a show car in the Snowmass mall. 3) Suggestion of a class action suit to prohibit the use of the name "Dodge Aspen". 4) City efforts to prohibit the Budweiser balloon from flying over the Aspen Mountain pro race. It should be noted that in addition to their support of a low-season promotional attraction for Aspen, Chrysler Corp. and Budweiser sponsored a party which earned $5,000 for the Aspen Ski Club. As it stands now, the Aspen Ski Club's $45,000 budget for the World Cup meet is $20,000 short. This budget does not include an estimated $20,000 in lodging donated by Aspen-area residents and from $50,000 to $60,000 in slope preparation provided by the two skiing companies. That cancellation of the World Cup meet will cause de~er£oration of Aspen's image as a major international ski resort is obvious. It must seem apparent to the City Council that the Aspen Ski Club and many residents are working at cross purposes with the City Administrator, and , in fact, with the City Council. Just last fall, the Council pledged $5,000 toward the cost of the meet. Now we are faced with losing the race, partially because of the direct harassment by the city administrator. Frankly, the Ski Club needs your $5,000. But ski club directors are hesitant to accept these funds in view of the city administrator'~ negative attitude. By committing funds, we thought the City Council supported the World Cup meet, as Aspen Chamber of Commerce directors did last summer. Now it appears that the city administration does not favor the world-wide prestige, increase in community income and learning experience afforded local children that the World Cup meet could provide. The fact of the matter is that major race meets cannot be staged in Aspen without commercial sponsorships. What we need to know is whether the Aspen City Council supports our efforts to obtain, and retain, sponsors for these events, because the Aspen Ski Club refuses to invite sponsors to a community which does not welcome them. We would appreciate your comments." Councilman Behrendt asked Stapleton exactly what happened and who cancelled the $20,000. Stapleton replied that the reason it happened was because City Manager Mahoney would not allow them to put a banner across Main street because the race had commercial sponsorship. Stapleton continued saying that there are banners for the Aspen Cup races which provides sponsorship for the Little Cliff's Bakery, the Bank of Aspen, and Mason and Morse~Real Estate. Councilman Behrendt asked Stapleton if he had a letter saying that they had cancelled from Dodge. Stapleton replied that they did not have a letter from Dodge advising of this, it was an agreement; Dodge Corporation was going to supply enough cars to meet the teams in Denver, Colorado, and the teams could have the cars for the week and drive them back to Denver. Now the commitment on the cars is off because of the ill feeling that is being carried through the community. Stapleton mentioned that the race cannot be run without sponsors. Stapleton noted that when the restraining order Aspen World to get the balloon off of Aspen Mountain, that the radio stations were putting it Cup cont. down, and the vandalism which took place on the Dodge Aspen car. In order to pick ,,., the race back up, the ski club has to find another sponsor within ninety days for $25,000. Councilman Wishart indicated that the Council did not oppose the races, and that the balloon was a mistake on the 'part of City Manager Mahoney and the Council had told him so. Councilman Wishart said if Stap~eton thinks that the Council should write a letter to the Chrysler people expressing that; Councilman Wishart felt that the Council would. Stapleton mentioned that the press is already out on the World Cup to be held in Aspen, and everyone is ready for it to be in Aspen. City Manager Mahoney stated that about two weeks ago the Ski Corp was doing something nice for the Ski Club and unles's the Ski Club joined with the Ski Corp in their monopoly position of ski instructors, the Ski Corp would take something ni~e back from the Ski Club. Stapleton replied that that was erroneously reported. ?There was a letter sent by the Director of the Aspen Ski School outlining certain th~ngs and asking the Ski Club if their Board of Directors would acknowledge the letter and send it out to the Ski Club Board of membership. There was no inference that these things would be dropped whether the Ski Club supported the Ski Corp or not. Stapleton told Council the Ski Club does support the Ski Corp, and do not support the individual instruction because there is many thousands of dollars worth of ski instruction which is donated by the ski corporations, both of them, each year. City Manager Mahoney replied that that was the point he was trying to make; the Ski Club does support the Ski Corp because the ~Ski Club finds there are some benefits from doing so. City Manager Mahoney continued explaining that there is a City Ordinance that prohibits under the City Manager's discretion banners across Main street. Commercial banners are not to be allowed; however, which which are in the public interest or nature are allowed. City Manager Mahoney said that he was sorry that this had to happen, but it was too commercial; however, if the City Council wants to make selective enforcement and wants the City Manager to support the signs and banners, then they can state that and he will do it. City Manager Mahoney felt that if there are banners and balloons advertising, then the City has to decide what can be advertised and what can't be. There has to be a limit; therefore, the City either enforces it or doesn't enforce it. Councilman Behrendt suggested that the Council write a letter to Dodge and to Budweiser. Councilman Behrendt offered to draft the letter. COUNCILMEMBE~ Cq.M~.~NTS 1. Councilman Behrendt commented on the Street Department's plowing services, and Plowing of how, after they plow the street, the cars are snowplowed in their driveways and streets - asked City Manager Mahoney if he could do something about it. Councilman Parry felt driveways that it really can't be dealt with, that the people have to shovel their own drive- ways out. Mayor Standley said he felt that this really wasn't an issue to be discussed at a City Council meeting. 2. Councilwoman Pedersen mentioned that one of the mothers who has a small child at the Elementary School called and asked Pedersen if she could be a monitor to act from 8:15 to 8:30 on the west side of the elementary school. Councilwoman Pedersen thanked her and said that she could go right ahead. STUdENt, COMMENT No comment, vacation WINTERSKOL Ted Singelis asked permission for the following three items for Winterskol: 1) Use Winterskel of the railroad land north of the Hotel Jerome for Winterskol motocross, 2) Closing motocross; of several streets around Paipcke Park for Canine Fashion Show and parade formation, Paepcke park 3) Permission for sky diving demonstration to land in Wagner Park. Singelis mentioned sky diving that there wouldn't be a bonfire this year. Councilman Behrendt moved to approve for the Winterskol people that Wagner Park can be used for skydivers' that the Rio Grande property can be used, under City Manager Mahoney's supervision for the motocross; and under City Manager's supervision that certain streets be closed for the Canine Fashion show and parade; seconded by Council- man Parry. Councilman Wishart asked what the liability is for ski diving in Wagner Park. City Attorney Stuller told Singelis to make sure that the Chamber covers the sky diving activity and to get a binder for both the City and County. All in favor of the motion, motion carried. MALL COMMISSION - Design of Mall Mall design Planner Bill Kane explained that what is being presented is to review with the Council a last minute change in the preliminary design for the mall street closure program. They are going to present why there should be a mall, the on-going problems with the automobile, and a general discussion about the transportation problem and the proposed solutions, and the context of the mall in regard to the development of the Trueman property and the Rio Grande property, and g~ve preliminary discussion of a parking plan within the City, which is nothing more than a further development of the Voorhees transportation plan. Tony Coleman and Robin Molny will present improved changes in the preliminary design for the mall. Kane explained that they had met with the Mall Commission, and there were a lot of pragmatic questions that remain to be answered by the City because they do not know what is going to happen with the trans- portation program and cannot deal with a proposal with parking tourist automobiles. Mall design cont. Kane presented a short synopsis of what has happened so far with the mall. The planning for mall development and design started some ten months ago when Grag Cole was hired last January as a full time mall planner and began with the mall commission to try and develop physical design plans for the mall as well as arrive at general decision of expansion versus no expansion. Two town meetings were held and the second town meeting there was a broad discussion of a town street closure program. There were four options and alternatives presented. A straw vote was taken; comments were considered from the public at that time. Shortly after the town meeting, a plan was presented to close Galena street and Cooper street and expand the mall with two new streets, creating a total of five streets for the mall. This was then presented in preliminary form to the mall commission and City Council. Then the planning design process for the new streets and already closed streets was~ presented. Within the last month a final preliminary design has been presented. Now the 'City is in the design development program whereby the assumpti¢ ns under the first plan have begun. Kane stated he felt that the ma]or criticism of the mall development program is that there has been inadequate planning for off-street parking in the commercial core of Aspen. Kane explained what the planning office conceptually thinks about parking for the local residents as well as tourists. Fane showed a map showing the present on- street parking program. In an average day'," the City can provide in excess of a thousand parking opportunities in the City assuming an hour turnover; thus creating 10,000 parking spaces per day. Not knowing what is going to happen to the transit, it is reasonable to plan the management of the City streets as well as the Rio Grande property to provide parking for the local people in Aspen. The planning office feels that it is not the right time to plan for tourists parking ~h-'/the commercial core. This will derive from the transit plan which proposes to park tourist~.automobiles at the airport and move them in the Aspen complex on a light rail system. This proposal has a capitol cost of 2.4 million dollars. To park automobiles in the downtown area would cost 7 to 8 million dollars and says nothing of the environmental consequences of running automobiles in the commercial core. Kane told Council that five days in December the City had exceeded national standards for carbon monoxide. The planning office~wants to preserve the air,quality and environmental quality in the City of Aspen; therefore, the planning office is trying to better manage city streets and to develop parking at the Rio Grande. Walking distance from the Rio Grande is 300 feet, which is a comfortable walking distance for any shopping center. Kane pointed to a diagram showing trips to the commercial core, and told Council it was from this kind of analysis that proved that something had to be done with the automobiles coming into Aspen. Kane mentioned that presently there · s parking within the central area for 10,600 spaces per day. Assuming 150 spaces on the Rio Grande, there would be less than 10,000 in total parking demand. Kane mentioned that on the Rio Grande, there could be a highly urban development parking structure built or it could provide for 250 cars on grade and have the performing arts center set in a heavily landscaped area by the river. Kane introduced the new preliminary design stating that the new design does not have the heavy treatment of city streets that the old desing had. The new design creates a car free zone and an environment of historic Aspen. It is a simplified design. Thus with new paving, simple water features and tree lined shaded streets with large cottonwood trees, it would be a flexible design and cost less and the criticism of turning Aspen's streets totally over to a tourist commitment would be taken into consideration. Robin Molny and Tony Coleman explained why they decided that the new design would be far better than the previous design. Molny explained that the first reason was that they felt that "old Aspen" was being lost and was being turned over to the tourists; second was the cost of construction, and the time was being taken into consideration. Coleman showed slides of Main street in the 1930's and 1940's. The streets were cottonwood and ditch lined and showed no vehicle access through town or parking in town. Councilwoman Pedersen, after the slide presentation, questioned the fire access. Kane replied that there will be three 20 foot lanes constructed. Molny said that they had been working with the fire department. Councilman Parry mentioned that because of no car access in the malls, the businesses in the malls will be going to the arcades and smaller business, tourist type businesses will be put in place of the larger businesses in the malls. Councilman Wishart pointed out that because of all the cars that are now coming into Aspen for the season, no one will be able to use their car anyway because there will be too many cars, and it will be too congested. Curt Baar, memeber of the Mall Commission, commented on Kane's parking proposal. Baar stated he felt that until the rail transit proposal is determined, no parking decisions can be made. Until a parking decision is made, the decision for expansion of the malls shouldn't be made, it is too premature. Baar suggested that the employees should not be put in the downtown area, but the shoppers should be close to the downtown area. Ba~ feels that the businesses will go to the shopping center which is being proposed for the Trueman property. Councilwoman Johnston mentioned that when Kane said that the City of Aspen had been over the carbon monoxide level count five days out of December, that the count was taken six days and five days were over the count. Also, one day the cars were counted on Ma~n street, and there were 1,500 cars in one block of Main street. Councilwoman Johnston felt that the problem of cars has got to be addressed. Werner Kuster, member of the Mall Commission, commented that he felt that at the last Mall Commission meeting the plans were not going to be submitted to the mall members and they were going to have to come to this Council meeting to see them and Kuster felt that it was very unfair. Kuster told Molny that it was unjust what he did, Molny Mall design should have come to the Mall Commission and told them of the changes in the prelirainary cont. plan. Kuster also felt that it was unjust for them to bypass the Mall Commission and just show ~he plans to the Council. Kane mentioned that they had consulted with the Chairman of the Mall Con%mission on how to proceed on the plans. Kane said they they told Fleisher what they were doing and felt that it was not worthy of dragging out the process for another three months. The planning office felt that the plan was capable of being presented at another meeting to get everyone's comments combined; the planning office did not want to bog down the process. Kane mentioned it was not at Molny's discretion to run this by the Mall Co~m%ission. It was after a meeting with Don Fleisher, City Manager Mahoney and Kane that it was decided to have a joint Mall Commission and City Council meeting. Kane stated the changes were not substantial enough to warrant scheduling several meetings and dragging it out. Counci~aan Behrendt felt that a lot of merchants are not sharing the Council's decisions. Councilman Behrendt also believed that if they go for the whole design of the mall and the design Ks not shared with the constituents, many people will be upset if the Council continues to press for the mall closure under existing conditions. Many people are suggesting that the area "Z" should be dealt with and the ~'passive" areas should be dealt with later. The cost would be minimal. Councilman Wishart mentioned that Councilwoman Johnston, Mayor Standley and he were elected on the entire mall area, and felt that the constituency is the whole town no~ just the downtown businessmen. Many people are in favor of the mall. Councilwoman Pedersen noted that is why the City has a public hearing process. Bert Bidwell stated he would like to see the streets open up until a parking program can be settled that is amenable to the property owners of the existing mall now. Bidwell felt that it is a failure; that more pedestrians are afraid to walk out in the malls in the winter time becuase they are afraid of getting hit by a car, and in the summertime there are bicyclists out there. Also the mall is damaging the businesses in the mall, and Bidwell would like to see them opened Mayor Standley asked Kane what he was looking for from Council in terms of a reaction. Kane said he would like to have a reading from Council as to whether this is the right way to proceed. Andre Ulrych, member of the Mall Commission, suggested a joint study session between the Mall Commission and the City Council because the changes are really different and they shouldn't just be passed over. Mayor Standley asked city Attorney Stuller what the time frame is. City Attorney Stuller felt that the most immediate restraint is Molny's, if he is going to do the preliminary drawings. Molny replied that they will be about half done at the end of the month. Kane mentioned that the working drawings for construction would be started by February 1; therefore, there will be a little slack. City Manager Mahoney stated this should keep on moving, because if it stops moving the same thing will be happening in July. Ulrych felt that the problem is working with the architects because they keep coming up with radical changes every few weeks and keep on saying the time is running out. Ulrych said that after nine months of studying the malls and for the architects to come up with planting trees in the middle of the streets and diverting a few canals, this is the result of a lot of time and money spent. Ulrych said he foresees a problem with the view corridor and access. Ulrych stated the Council is going to make a rash decision and just ram it through. There is complete indecision, and no one can make up their minds. Mayor Standley'asked Kane to schedule a work session with the Mall Commission after the holidays. Mayor Standley also asked Kane what Molny's and Benedict's relationship is to the process, what is the discreteness of their contract, where are there breaks ~ in that contract, and what has been the selection process of architects. Mayor Standley said that he has been hearing that the Mall Commission selected them, other people say that that's not how it worked, and there is open bidding on parts of it. Kane replied that the initial planning was undertaken by Greg Coles. A total impass was reached in terms of trying to get preliminary plans started with the City Council. The Council's reaction was very negative; Cole's drawings were not getting anywhere and there was antagonism. The solution was to bring in new thinking. The Chairman of the Mall Commission, Don Fleisher, believed that it would be worthwhile to bring in architects and review Cole's work to see if there wasn't a way to evaluate his work and add new thinking to generate excitement on the Mall Commission and City Council? Benedict and Besinger had a lot of exper%ence and had focused and done work throughout the country on pedestrian environments. Benedict was historically interested in the mall development. Therefore Benedict and Besinger were brought together with Molny as an idea man and follow-through architect. They then evaluated Cole's work and started through a design process. Mayor Standley asked if it was the Mall Commission that made this decision. Kane replied the Commission was building on it. This was a recommendation from the planning office and presented to the Mall Commission with favorable response. They were hired to review Cole's work for a total of $7,500; $5,000 to do the design reviews, $2,500 to contribute towards further design development drawings. There was a commitment to do the malls by the summer of 1976; however, the planning office felt that the summer was not a viable time to construct the malls. It should be the spring of 1976. Therefore, we went through the preliminary design process, which is the first step of the three step process. They are presently in the second process, which is design Mall design development. Molny was hired to do the design development process along with sub- cont. contractors to do engineering and survey work for a total of $15,000. The reason Molny was hired was he was present at the beginning to criticize Cole's work and Cole was to follow through on the work. Cole then resigned in the process, thereby leaving a large dependence on Molny. Hiring Molny was a decision of expediency. Ulrych stated he felt there has been no continuity, no process. The Mall Commissaon was almost bypassed with the third suggestion; however, they had gotten the drawings from the planning department ~o be reviewed. Ulrych questioned if the Mall Commission has been wasting their time. Mayor Standley stated they will have a study session with the Mall Commission. Mayor Standley would like to bring Larry Yaw, an architect for the Trueman property to talk to the Council and M~ll Commission. Mayor Standley had talked to Yaw who had convinced Mayor Standley that the mall had been overdesigned. If this is the case, then a roll back in time would not mess the schedule because the City would be doing far less work than we would be doing with the degree of design that has been presented to date. Kane questioned opening up another design process and bringing in another architect. Mayor Standley said he is uncomfortable with what he hears going on at the Council meeting and does not like what Ulrych is saying about the fact that the Mall Commission had to come to the Council meeting to be shown the design. Kane stated the Council will have to recognize the consequence of having a whole new design process. There will be no construction for the summer of 1976. Kane suggested that they go with the plan they have and said he didn't understand why a whole new design presentation has to take place. The Council approved the preliminary design process of the other plan. Mayor Standley noted that Kane did have an approved plan, but agreed with Molny that the only similarities between the two plans is that the same streets are involved. Mayor Standley said he didn't have any problem going with either design because he wants a mall constructed and both of the plans have certain merits, but the bottom plan represents more than a modification of the original plan. Councilman Behrendt said he felt the town is suffering from ambivalence; the Council had to make up their minds to get something done. No one is making up their minds. Molny mentioned that the architects have been clear and honest with the Council and feels they have two clienteles. After the architects showed the preliminary design to the Mall Commissaon, they told the Mall Commission that they would be back to them as soon as it was presented to Council. Molny said he felt the Council is their client and to have to go back into study session would be a reiteration. Councilman Wishart agreed with Molny that when Council agreed to accept the plan, it should not be thrown again especially if there is going to be a mall this summer. that a one time meeting be se~ up with the Mall Commassion and Council to Kane suggested study the plan and asked questions for the proposed improvements. The alternatives are to accept the former plan that was approved November 17 and proceed with that. The City can accept the proposals with changes, or take the proposals and the former plan and come up with a final preliminary plan. Mayor Standley asked %he Council if they were amenable to Kane's approach for a one time very structured meeting. Kane suggested they get the information to the Mall Commassion before the meeting. Mayor Standley asked Kane to co-ordinate the meeting with him and Fleisher on an acceptable time. ASPEN HAMBURGER COMPANY Application for a beer and wine license Mayor Standley opened the public hearing. Deputy City Clerk reported that the files, Aspen posting and publication were in order. Hamburger Company - Ron Garfield, representing the applicant, told Council that Mr. Forde had been granted application a three-way liquor license from Council for Robert the Great and the Establishment Bar; for 3.2 however, differences developed between Mr. Forde and his landlord, the Mill and Main license - Company, and Mr. Porde was obliged to surrender back his liquor license and lease to denied the premises in the Mill and Main building. Mr. Forde is now applying for a two-way liquor license for his hamburger style lunch. City Council has historically licensed the premises, which was formerly the Great Gorge. The past licensing has showed that the license would provide for reasonable requirements of the neighborhood. Also since the licensing of the Great Gorge, there has been an increase in population. Mr. Forde needs the license to compete with other similar establishments dispensing or selling hamburgers. Councilwoman Johnston questioned if the Colorado Sales Tax License had been taken care of; Garfield answered yes. Garfield continued stating that Mr. Harley Baldwin, the landlord of the premises, stated that if it is found that there are any claimants against the former owner and leasee of the premises, it will be Baldwin's responsibility to see that Mr. Forde is held harmless and that the claims are paid. Councilman Wishart questioned if La Bodega still had a liquor license in that area. Mayor Standley replied that La Bodega was not serving food out of the Great Gorge; they had a separate food service. The City Council had licensed the entire premises includin¢ the outside and inside area. Mayor Standley asked Mr. Forde if he was serving liquor in the foyer area. Mr. Forde replied that he was. Mayor Standley thought that area was part of La Bodega's license, and if it as and is still active, that is part of the problem an getting the license. The Council cannot issue a license for something that is already under a license. City Manager Mahoney brought up the fact that there is a felony menacing charge against Mr. Baldwin; Forde is certifying that Mr. Baldwin is backing the lease. There is a question of what character Baldwin is; this is a case that is going to court. Mr. Forde replied that that is a criminal case, not a civil case, and has nothing to do with the occupancy of the premises. Mr. Forde mentioned that he would like the application to be considered on its own. Forde is asking for a beer and wine license and feels that his restaurant is a nice place for people to be able to come and sit down. Mayor Standlsy asked Garfield if he represented the applicant at the last liquor license hearing. Garfield said that he had. Mayor Standley mentioned the conversation which he and Garfield had when Garfield had told Mayor Standley that the applicant was considering selling the liquor license he had, but the reason that he didn't do it was on recommendation from his attorney. Mr. Forde therefore attempted to profiteer on a license that was granted by the City Council for a specific action, for a specific restaurant. Based on that type of behavior, Mayor Standley felt that he had serious questions as to the character of the applicant and cannot support this applicant at all. Garfield replied that Mr. Forde relied on his recommendation that that was City Council's policy, that they did not want to see people profit on licenses. That is what made Mr. Forde surrender his license, and acknowledging what the City Council's policy is in this matter. Forde did not attempt to sell the license after Garfield's recommendation Mayor Standley asked if there were presentations by opponents to the issuance of the license. There were none. Mayor Standley closed the public hearinq. Councilwoman Johnston moved to approve the application for a beer and wine license and extended hours license for Arnold Forde; seconded by Councilman Parry. Councilmembers Johnston, Parry and Wishart in favor of the motion; Councilmembers Pedersen, Behrendt, and Mayor Standley opposed. Motion NOT carried, application denied. PURCHASE AND SALE Hickory House and Aspen Inn Club Hickory Mayor Standley asked if there were any problems with the transfer of all of the stock House & of the Hickory House to Temple Allen. There were none. Aspen Inn Club - Councilman Behrendt moved to approve the transfer of stock to Temple Allen; seconded purchase & by Councilman Wishart. All in favor, motion carried. sale Mayor Standley asked if there were any questions or comments regarding the Aspen Inn Club. There were none. Councilman Behrendt moved to approve the transfer of stock to Phidea Cutrubus; seconded by Councilwoman Pedersen. All in favor, motion carried. PETITION FOR ANNEXATION Luke Anthony, Block 1, Alpine Acres Councilwoman Johnston moved to read Resolution #44, Series of 1975; seconded by Council- Alpine Acre man Behrendt. Petition for Annexa- City Attorney Stuller asked the applicant if he had filed the application and map with tion the City Engineer and if the map was complete. All in favor of the motion to read, motion carried. RESOLUTION 444 (Series of 1975) REs.44,1975 WHEREAS~ there has been presented to the City Council for its Annexation consideration a Petition for Annexation concerning the following described of Alpine tract located in Pitkin County, Colorado: Acres All of Block 1, Alpine Acres Subdivision, Pitkin County, Colorado, according to the official plat thereof recorded ~n P,t~Book~.3~ PaHe 2, of the official records of Pitkin County, Colorado, and WHEREAS, said Petition signed by the applicant, Luke W. Anthony, has been determined by the City Council to satisfy the requirements of Section 31-8-107(1) (c), C.R.S. 1973, the Colorado Municipal Annexation Act of 1965, and WHEREAS, it is required by said Act that the Council determination of the substantial compliance of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the Petition for Annexation dated October 30, 1975, and submitted by Luke W. Anthony for annexation of the above described property shall be, and hereby is, determined to be in compliance with Section 31-8-10711) (c) C.R.S. 1973, the Colorado Municipal Annexation Act. was read by the deputy city clerk Mayor Standley asked for a general presentation and comment on the Block 1 application. Hal Clark, planning office, noted that Jack Jenkins, the applicant, had asked about the possibility of applying for rezoning of the property. At this time the planning department's feeling is the property should be zoned R-15, the same that it is zoned in the County. Jenkins is making some arguments about changing it to multi-family. There is no problem with proceeding with the annexation. Mayor Standley asked Jenkins if he will be requesting a rezoning after the annexation. Jenkins replied that the rezoning would not be to increase the density above R-15, but to change the unit designation so that it can be put in as one or two bedroom. Jenkins told Council if he went into the jousing program, there isn't anyplace in the program for three bedrooms because the price would be too high for the people he would be selling to. Mayor Standley told Council that if the Resolution is adopted, that City Attorney Stuller will draft an Ordinance and the Ordinance becomes the actual act of annexation. The Council is not annexing the property tonight; the Resolution is saying that the Council agrees that everything is in order for annexation. Councilwoman Johnston moved to adopt Resolution #44, Series of 1975; seconded by Councilman Behrendt. All in favor, motion carried. TRUEMAN PROPERTY Mayor Standley told Council that the Trueman Property was removed and will be discussed Trueman at a study session which will be held on December 23, 1975. Property DOWNZONING REPORT John Stanford, planning office, presented the downzoning report. Stanford told Council he would first give a chronological report on what has happened to the down~oning since Downzoning Council had last seen it; second he would identify and go through any changes that have evolved since it was reported to Council. Stanford stated that the downzoning was first shown to Council in two meetings~ on October 14 at a regular City Council meeting, on October 22 at a joint study session with P & Z. It was then referred to the P & Z to come back to the Council with a recommendation; there was no specific date set for this. On November 18 downzoning appeared on the P & Z agenda as a referral from Council. The planning department made a presentation to P & Z and the P & Z requested that they not get into a heavy discussion This would be pondered and discussed at a study session. On December 4, 1975, there was a study session with the P & Z, who went over the downzoning and have come up with new recommendations which have not been presented to the Council. Stanford explained the new proposals of downzoning. They deal with floor area ratio~ ~FAR) and talk about the further reduction in the neighborhood/commercial FAR. It is presently 1:1 and it is recor~mended to be reduced to 75:1, which cuts the FAR in half. FARs Stanford related this to the proposed building on the Trueman property. The proposed building is to be 75,000 square feet with a footprint of 25,000 square feet. The code requires that on a site that size, 25 per cent open space would be required. The planning offics is suggesting that the Post Office, which Ks on the S/C/I area, and the neighborhood commercial share the parking. Thus accomplishing two car required functions with one trip so there is a reduction in the parking requirement. The planning office feels that the FAR of the building presented on the Trueman property is in excess. The planning office is also recommending that food store goes down to 12,000 square feet, with a maximum of 15,000 square feet. There would be 12,000 square feet of grocery exclusively and the other 3,000 square feet would be for incidentals. Councilman Parry felt that as soon as the storage space is eliminated there will be more transportation on the road more often. Stanford mentioned that they were planning the grocery store for the city, not the most economical function of the grocery store. Mayor Standley asked what the time frame would be before the downzon~ng was complete. Stanford answered that the planning office is ready to go with their recommendation and are waiting to have a more thorough study session with P & Z. Stanford told Council that the other recommendations deal with district and district boundary amendments; area and bulk requirements; height and set back, and are relatively minor adjustments. EXEMPTION FROM SUBDIVISION Mayor Standley explained that this is property on Pitkin Mesa which is already an Pitkin Mesa existing duplex. Exemption from subdivision is recommended either with or without Exemption subdivision dedication. There are no problems; this is an existing residence in order, from Sub- division Councilwoman Johnston asked if it was a normal situation to have an agreement signed by the people with regard to things like the formation of special improvement districts they would join in. If the property should change hands would this ~ndure. City Attorn Stuller explained that the statement of exemption is always recorded. City Attorney Stuller also explained that right now the subdivision dedication requirements exempts duplexes, triplexes, and fourplexes. Councilwoman Pedersen moved to approve the exemption without dedication fee; seconded by Councilman Parry. All in favor, motion carried ORDINANCE ~89, SERIES OF 1975 Historic Designations Ord.89,1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley Historic closed the public hearing. Designations Stitzer, Councilwoman Pedersen moved to read Ordinance ~89, Series of 1975; seconded by Council- Cowenhoven man Wishart. All in favor, motion carried. Van Hoevenbergh ORDINANCE ~89 (Series of 1975) Ord. 89 AN ORDINANCE DESIGNATING THE STITZER RESIDENCE (LOTS K, L, AND M, BLOCK Historic 81) VAN HOEVENBERGH RESIDENCE (LOTS M, AND N, BLOCK 71) AND THE COWENHOVEN Designation~ BUILDING (LOTS A, B, C, AND D, BLOCK 95) WITHIN THE CITY OF ASPEN AS HISTORIC STRUCTURES AND SITES PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the deputy city clerk. Councilwoman Pedersen moved to adopt Ordinance #89, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote, Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #90., SERIES 97 1'9'75 Maintenance building in P, park zone Mayor Standley opened the public hearing. Mayor Standley asked city Manager Mahoney if he wanted to make a presentation. City attorney Stuller explained that all this Ord. 90 ordinance does is to change the building code to allow maintenance sheds as a conditional Maintenance use in the park zone. Before a conditional use is approved it must go before P & Z sheds in after notice to all the adjacent land owners. park zone Mayor Standley closed the public hearing. Councilman Wishart moved to read Ordinance #90, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #90 (Series of 1975) AN ORDINANCE AMENDING THE ASPEN ZONING CODE PROVIDING FOR THE DESIGNATION OF PARK MAINTENANCE BUILDINGS AS CONDITIONAL USES IN THE ,~(P) PARK DISTRICT AND FURTHER DEFINING PARK MAINTENANCE BUILDINGS AS THOSE CONTAINING OFFICE, GARAGE, VEHICLE AND TOOL STORAGE, GREENHOUSE, AND SIMILAR USES PROVIDED ALL ARE LIMITED TO PARK OPERATION AND MAINTENANCE PURPOSES was read by the deputy city clerk. Councilwoman Pedersen moved to adopt Ordinance #90, Series of 1975, on second reading; seconded by Councilman Parry. Rol~ call vote; Councilmembers Johnston; aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Parry, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #93, SERIES OF 1.~75 City Manager Waive Parking Requirements Mayor Standley opened the public hearing. Ord. 93, Ken Senn, resident on the corner of South Sprin~ and Main, explained that when he first City Manage~ moved into the house there were no parking signs. Later the City put up a two hour Waive parking sign, and he received a parking permit from the City Manager's office. When Parking he went to have the parking permit renewed, he found that he could not renew it. Senn requirement~ felt that by placing the two hour parking~requirement in front of his house that it would be defeating the City's intention of de-emphasizing the use of the automobile because he will be moving his two automobiles every two hours in order to keep from paying the City $6.00 per day to park the automobiles. Councilman Behrendt suggested that Senn park his vehicle down in the Rio Grande property. Senn replied that he didn't care to leave his vehicle unattended every day because of the items that he keeps in his vehicle. City Manager Mahoney asked City Council to pass Ordinance #93, Series of 1975; but that he would lift the parking signs in front of Senn's home for 2-3 months. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance #93, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE #93 (Series of 1975) AN ORDINANCE AUTHORIZING FIRE FIGHTING EQUIPMENT, AMBULANCES, POLICE VEHICLES, OTHER EMERGENCY VEHICLES, PUBLIC. AND PUBLIC UTILITY VEHICLES TO ENTER AND PARK IN THE PEDESTRIAN MALL; FURTHER AUTHORIZING THE CITY MANAGER TO PERMIT, ON CONDITION, SERVICE AND DELIVERY VEHICLES TO ENTER AND PARK IN THE MALL; AND, FINALLY, AUTHORIZING THE CITY MANAGER TO PERMIT SERVICE AND DELIVERY VEHICLES TO PARK IN LEGAL PARKINGS AREAS IN EXCESS OF ANY TIME LIMITATIONS THEREIN WHEN NECESSARY TO RENDER SERVICES OR DELIVER MERCHANDISE was read by the deputy city clerk. Councilwoman Pedersen moved to adopt Ordinance #93, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. All in favor, motion carried. POWER RATE INCREASE City Manager Mahone~ explained that a group from the Public Service Company'came and Public said that they would make an application to the Federal Power Commission for a 39 Service per cent increase of the price of power that they sell to the City of Aspen. This Company - would be on top of a 20 per cent increase they got approximately a year and a half ago. power rate On top of that 20 per cent increase, they have a 27 per cent increase in the fuel increase cost adjustment. They now want a 39 per cent increase to give latitude; adding percentages comes to a total 86 per cent increase. There are a lot of things that we need to address. City Manager Mahoney mentioned that he has been in touch with Roy Rainey of Glenwood and Clark of Home Life in Greeley; Southern Colorado Power of Pueblo; and Inter-Mountain REA of Little~on and would like to meet to discuss the strategy to oppose this rate increase. City Manager Mahoney asked the Council to go back to the Power Commission and oppose this. Councilman Behrendt moved to have City Manager Mahoney go back to the Power Commission in Denver to oppose the rate increase; seconded by Councilman Parry. Ail in favor, motion carried. ORDINANCE ~66, SERIES OF 1975 - Animals in Residential District Councilwoman Pedersen moved to read Ordinance ~66, Series of 1975; seconded by Councilman Ord. 66 Parry. All in favor, motion carried. Animals in Residential ORDINANCE #66 District (Series of 1975) AN ORDINANCE AMENDING SECTION 24-3.7 OF THE ASPEN MUNICIPAL CODE (A ZONING PROVISION~ BY THE ADDITION OF SUBSECTION L THERETO RECOGNIZING AS AN ACCESSORY USE WITSIN THE RESIDENTIAL DISTRICTS THE KEEPING OF LIVESTOCK PROVIDING THAT SUCH USE IS CLEARLY INCIDENTAL TO THE USE OF THE PREMISES AS A RESIDENCE AND NOT USED FOR COMMERCIAL PURPOSES was read by the deputy city clerk Councilwoman Pedersen moved to adopt Ordinance 966, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~67, SERIES OF 1975 - Open Space at Grade Mayor Standley explained that the P & Z recommended against adopting Ordinance ~67, Series of 1975. Ord. 67 Open Space Councilwoman Johnston moved to read Ordinance ~67, Series of 1975; seconded by Councilman at grade Parry. All in favor were Councilmembers Wishart and Behrend%; opposed Councilmembers Pedersen, Johnston, Parry, and Mayor Standley. Motion NOT carried. ORDINANCE ~71, SERIES OF 1975 - Revision of PUD act Councilwoman Pedersen moved to read Ordinance #71, Series of 1975; seconded by Council- woman Johnston. All in favor, motion carried. Ord. 71 ORDINANCE ~71 Revision of (Series of 1975) 'PUD act AN ORDINANCE REPEALING AND REENACTING ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE CONCERNING PLANNED UNIT DEVELOPMENT (PUD)'; DESCRIBING DESIGN APPROACHES AND ALLOWABLE VARIATIONS FROM ZONING CODE PROVISIONS AUTHORIZED IN PUD'S; STATING THE GENERAL REQUIREMENTS FOR PUD APPLICATIONS; OUTLINING REVIEW PROCEDURES; PROVIDING FOR CONCEPTUAL, PRELIMINARY AND FINAL REVIEW AND DESCRIBING MATERIALS TO BE SUBMITTED WITH RESPECT TO EACH; PROVIDING FOR MANDATORY PUDS; ESTABLISHING CRITERIA FOR COMMON AREAS; PERMITTING ARCHITECTURAL REVIEW; REQUIRING SUBMISSION OF A LANDSCAPING PLAN AND ADHERENCE THERETO; PERMITTING VARIATIONS IN OFF-STREET PARKING REQUIREMENTS A~D ALLOW- ABLE DENSITY; REQUIRING AN OPEN SPACE AND COMMON FACILITIES MAINTENANCE AGREEMENT; REQUIRING ADHERENCE TO A CONSTRUCTION SCHEDULE; ESTABLISHING RECORDING AND NOTICE PROCEDURES;CREATING ENFORCEMENT RIGHTS IN THE CITY AND IN RESIDENTS AND OWNERS OF A PUD; ~REATING PROCEDURES FOR THE WITH- DRAWAL, RESUBDIVISION AND AMENDMENT OF PUD PLANS was read by the deputy city clerk. Councilwoman Pedersen moved to adopt Ordinance ~71, Series of 1975, seconded by Council- woman Johnston. Councilwoman Johnston questioned page 9 "---City Council may delay action for lack of sufficient information"; if there a time limit on how long Council can delay action. City Attorney Stuller replied that until the information comes forth action can be delayed. Councilwoman Johnston also questioned page 9 "---that within 5 months thereof conceptual prove there shall be submitted a preliminary plan--", it does not say to whom. Ms. Stuller explained that the preliminary plan goes to P & Z. Councilwoman Johnston asked "---a copy of which will be forwarded to the City Parks and Recreation for comment .... gives no time limit on how long they have to file. Ms. Stuller said that it is 28 days prior to the publication date. Councilwoman Johnston asked on page 12 "---dwelling units shall be reviewed and reduced-~-" , it doesn't say who may reduce them. Councilwoman Johnston also questioned page 21, 24-8.20, Adherence to Completion Schedule, does this follow the ordinance passed about so much completion in so many months. Ms. Stuller said it goes further than that; it tells when you must start your construction and what completion dates are mandated. Councilman Parry asked City Attorney Stuller if this ordinance would leave the City open for a lot of law suits. Ms. Stuller replied that it did in a particular area of concern. Ms. Stuller explained that the only new element of review in terms of the land use regulations and architectural review; for the most part it is an engineering and legal document that concerns recordation and doesn't impose regulations per se. The architect- ural review can either be abused or handled very well and can create great leverage; but right now it cannot be articulated because we don't have a specific criteria for architectural review or a design plan for the Community. Some of the P & Z members felt there should be an architectural design plan for the entire community and impose regulations city wide. Some P & Z members felt they were not ready for that and yet they felt there are some developments in the community which are an abuse of taste and they City should have some leverage to deal with it. Ms. Stuller pointed out that the City may decide, after a period of time, that they don't want architectural review, that it doesn't work and that it does impose hardships. It could be converted to a city wide architectural review with standards that are adopted professionally. The PUD architectural review was inserted at the request of some Councilmembers. revision Mayor Standley told Council he had collected ordinances on architectural control and most of the cities that have this, i.e. Scottsdale, Santa Fe, Carmel, have an identifi- able architectural style. After talking to people, they feel that Aspen doesn't have enough contiguity of style to allow the City to enforce an architectural style. Mayor Standley felt that possibly the City could get away with an architectural code. City Attorney Stuller explained that the way the code is written states there are three or four policy objectives to be achieved 1) to maintain the contour and terrain as much as possible, 2) to use native materials, etc. These are braod and don't impose a style. The policy objectives are an attempt to curtail extravagances. Ms. Stuller felt the City doesn't want to dictate styles to the architects. Roll call vo~e: Councilmembers Parry, aye; Johnston, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE =94, SERIES OF 1975 - Amendments to the Subdivision Dedication Requirements Ord. 94 City Attorney Stuller suggested that Council table this ordinace because it is not critical at this time. Subdivisior Dedication Councilman Behrendt moved to table Ordinance 994, Series of 1975; seconded by Councilman requirement: Wishart. All in favor, motion carried. ORDINANCE ~95, SERIES OF 1975 - Revenues, in Special Improvement Districts Councilman Behrendt moved to read Ordinance #95, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. Ord. 95 ORDINANCE #95 Revenues in (Ser~es of 1975) Special Improvement AN ORDINANCE RECOGNIZING EXCESS REVENUES IN THREE SPECIAL IMPROVEMENT districts DISTRICT FUNDS TOTALLY $190,793; TRANSFERRING THESE EXCESS FUNDS TO THE 1975 GENERAL FUND AS AN UNAPPROPRIATED SURPLUS; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING I~EDIATE ENACTMENT OF THE SAME was read by the deputy city clerk Councilwoman Pedersen moved to adopt Ordinance ~95, Series of 1975, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Wishart, aye; Johnston, aye; Behrendt, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE #96, SERIES OF 1975 - Callahan Rezoning Councilman Behrendt made a motion to read Ordinance ~96, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. Ord. 96 ORDINANCE #96 Callahan (Series of 1975) rezon~ng AN ORDINANCE ZONING THREE[3) PARCELS OF LAND LOCATED ON THE EAST END OF ASPENAND WITHIN THE PROPOSED CALLAHAN SUBDIVISION; TWO PARCELS HAVING BEEN RECENTLY ANNEXED TO THE CITY; ZONING PARCEL 1 (CONTAINING APPROXI- MATELY FOUR ACRES) RURAL RESIDENTIAL; ZONING PARCEL 2 (CONTAINING APPROXIMATELY TWO ACRES) R-15 (RESIDENTIAL); AND REZONING PARCEL 3 (CONTAINING SIX ACRES) FROM R-15 TO RURAL RESIDENTIAL was read by the deputy city clerk Councilwoman Johnston moved to adopt Ordinance #96, Series of 1975, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Wishart, aye; Johnston, aye; Behrendt, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCES #97 through 9103, SERIES OF 1975 - Appropriation Ordinances Appropria- tion Councilwoman Pedersen moved to read Ordinances ~97, 98, 99, 100, 101, 102, and 103, SIrles of 1975; seconded by Councilman Behrendt. Ail in favor, motion carried. ordinances ORDINANCE a97 (Series of 1975) AN ORDINANCE RECOGNIZING (WITHIN THE GENERAL FUND) INTEREST AND RENT Ord. 97 INCOME, UNANTICIPATED BUSINESS LICENSE AND CIGARETTE TAX REVENUES General LOAN PROCEEDS AND RECREATION ACTIVITY REVENUES; MAKING APPROPRIATIONS fund FROM THE GENERAL FUND FOR THE CITY COUNCIL, FINANCE, RECREATION, PLANNING, BUILDING MAINTENANCE AND STREET DEPARTMENTS; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT THEREOF was read by the deputy city clerk ORDINANCE ~98 (Series of 1975) AN ORDINANCE AUTHORIZING A SERIES OF TRANSFERS OF EXCESS MONIES AND Ord. 98 APPROPRIATIONS WITHIN THE CITY'S DEBT SERVICE FUNDS; SPECIFICALLY Debt Service THE SEVENTH PENNY SALES TAX FUND, THE SIXTH PENNY SALES TAX FUND, funds THE 1972 SALES TAX REFUNDING ACQUISITION FUND AND THE 197~ PUBLIC PURPOSE BONDED DEBT FUND; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the deputy city clerk. ORDINANCE a99 (Series of 1975) AN ORDINANCE RECOGNIZING REVENUES TO AND EXPENDITURES FROM THE POLICE PENSIONS AND EMPLOYEE RETIREMENT FUNDS; SPECIFICALLY RECOGNIZING STATE Ord. 99 EMPLOYEE AND EMPLOYER CONTRIBUTIONS AND EXPENDITURES FOR LIFE INSURANCE Police COSTS, REFUNDS OF EMPLOYEE CONTRIBUTIONS AND PENSION PAYMENTS AND Pension and DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was Retirement read by the deputy city clerk. ORDINANCE 9100 (Series of 1975) AN ORDINANCE TRANSFERRING EXCESS APPROPRIATED DEBT SERVICE FROM THE SEVENTH PENNY SALES TAX BONDED DEBT RESERVE FUND AND THE 1973 SEVENTH Ord. 100 PENNY SALES TAX REVENUE BONDS TO THE SEVENTH PENNY FUND; RECOGNIZING Seventh MALL SPACE REVENUES AND BUS ADVERTISING RENTALS; APPROPRIATING FROM THE Penny SEVENTH PENNY FUND TWO THOUSAND ($2,000) DOLLARS FOR RIO GRANDE IMPROVE- MENTS AND FIFTEEN THOUSAND ($15,000) DOLLARS FOR MALL DESIGN WORK; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the deputy city clerk ORDINANCE =101 (Series of 1975) AN ORDINANCE APPROPRIATING FOURTEEN THOUSAND SIX HUNDRED NINETEEN ($14,619) DOLLARS FROM THE 1967 STREET ASSESSMENT FUND FOR BOND AND COUPON Ord. 101 REDEMPTION; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE 19~7 street ADOPTION OF THE SAME was read by the deputy city clerk Assessment ORDINANCE ~102 (Series of 1975) AN ORDINANCE TRANSFERRING EXCESS APPROPRIATED DEBT SERVICE FROM THE SIXTH PENNY SALES TAX BONDED DEBT RESERVE FUND AND FROM THE 1972 SALES TAX REFUNDING/ACQUISTION BOND FUND; RECOGNIZING REVENUES FROM OPEN SPACE Ord. 102 DEDICATION FEES, CONSERVATION TRUST AND MISCELLANEOUS SOURCES; Sixth APPROPRIATING MONIES FOR THE SETTLEMENT BOND PROPERTY TAXES, BASEBALL Penny PLAYING FIELDS AND WHEELER OPERA HOUSE REPAIRS; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the deputy city clerk. ORDINANCE ~103 (Series of 1975) AN ORDINANCE RECOGNIZING UNANTICIPATED PLANT INVESTMENT FEES, INTEREST INCOME, STOCK SALES AND COMMERCIAL SERVICE REVENUES IN THE WATER Ord. 103 DEPARTMENT; APPROVING APPROPRIATIONS FROM WATER DEPARTMENT REVENUES Water FOR THE RED MOUNTAIN STORAGE TANK, GREATER ASPEN DEVELOPMENT CORPORA Department TION TAP FEE REFUNDS, RED MOUNTAIN PUMP STATION, UTILITY MAINTENANCE PLUMBING SERVICE AND EQUIPMENT RENTAL; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the deputy city clerk Councilman Behrendt moved to adopt Ordinance ~97, Series of 1975 on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Behrendt, aye; Wishart aye; Johnston, aye; Mayor Standley, aye. All in favor, motion carried. Councilman Behrendt moved to adopt Ordinance ~98, Series of 1975 on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Behrendt aye; Wishart aye; Johnston, aye; Mayor Standley, aye. All in favor motion carried. Councilman Behrendt moved to adopt Ordinance ~99, Series of 1975 on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Behrendt, aye; Wishart aye; Johnston, aye; Mayor Standley, aye. Ail in favor, motion carried. Councilman Behrendt moved to adopt Ordinance ~t00, S~ries of'1975,~'on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Behrendt aye; Wishart aye; Johnston, aye; Mayor Standley, aye. All in favor, motion carried. Councilman Behrendt moved to adopt Ordinance ~101, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Roll call vota; Councilmembers Parry, aye; Pedersen, aye; Behrendt aye; Wishart aye; Johnston, aye; Mayor Standley, aye. All in favor motion carried. Councilman Behrendt moved to adopt Ordinance 9102, Series of 1975, on first reading; seconded by Councilwoman P ~ersen. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Behrendt aye; Wishart aye; Johnston, aye; Mayor Standley, aye. Ail in favor motion carried. Councilman Behrendt moved to adopt Ordinance ~103, Series of 1975, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Parry, aye; Pedersen, aye; Behrendt aye; Wishart aye; Johnston, aye; Mayor Standley, aye. All in favor motion carried. 1923 Regular Meeting Aspen City Council December 22, 1975 APPOINTMENT TO MALL COMMISSION Larry Sands Councilman Wishart moved to appoint Larry Sands to the Mall Commission; seconded by Mall Comm. Councilwoman Pedersen. All in favor, motion carried. appt. Councilwoman PEdersen moved to adjourn the meeting at 9:00 p.m.; seconded by Councilman Wishart. All in favor, motion carried. DEputy City Clerk