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HomeMy WebLinkAboutminutes.council.19790226 Regular Meeting Aspen City Council February 26, 1979 Mayor Standley called the joint meeting to order at 4:00 p.m. with Commissioners Child, Edwards, and Kinsley, and Councilmembers Anderson, Isaac, Parry, Van Ness present. Also present were County Manager Ochs, City Manager Mahoney and City Attorney Stock. 1. Public Arts Commission. Phillip Yenawine told the Boards there are many artistic ~pubI~ic Arts projects around, most apparent is the mall sculpture contest. The Visual Arts Boards ~Commission wanted to delegate decisions to a subcommittee, as they do not want to be involved in making aesthetic decisions. There is money earmarked for a fountain in the mall, and the Visual Arts Center wants to do a public scUlpture project. There seems to be enough going on to have a special committee. Yenawine had convened a committee with representatives from the Mall Commission, Aspen Foundation for the Arts, Chamber, Planning office, the governing bodies and two citizen artists. Yenawine suggested this committee could oversee public arts projects and check to make sure that the expenditures were reasonable, and set up long range policies. This group recom- mended that this is an area in which there is enough activity that it would be useful to establish a committee to act as an advisory board to the City and County. Mayor Standley said every year one more arts group is added and the members seem to be from other arts groups. Mayor Standley asked Yenawine if he did not feel this was a duplication. Yenawine said no one seemed to want to pick up the responsibility in this area. Mayor Standley suggested giving the VAB this responsibility. Yenawine said the VAB is not set up to make aesthetic decisions. Mayor Standley said when foundations like this are created, at some point they want in-kind services and budgets. Mayor Standley suggested having a public arts commission operating within the VAB. Yenawine said he felt this was a separate area from the VAB. Councilman Isaac said he is supporting this as the VAB will be focusing its attention on the Visual Arts Center and what will go on in that building. The art project is outside if the VAC. Mayor Standley said this committee may either die of lack of things to do or it will create things to do and build its own bureaurcracy. Mayor Standley said the VAB ought to be charging the Aspen Foundation for the Arts with this task. Yenawine said the genesis of this committee is that no one is picking up the ball. Mayor Standley said he felt the need for the services exists but the creation of the organization to provide the service does not exist. Commissioner Child said he felt the function is needed, and this group will have a lot to do in setting up the system, Mayor Standley suggested going back to the VAB, explaining the position of Council and the Commissioners, and try and get people from the VAB to serve on a subcommittee to provide the function. If no one will do it, either the function is not needed or Yenawine should report back. 2. Solid Waste Center Subsidy Sharing. Brian Stafford presented three different formulas Solid Waste to the Boards for the distribution of costs. These are population distribution, assessed Center Subsid,.valuation, and sales tax distribution formula. The Town of Snowmass favors the sales tax Sharing distribution formulas or a compromise between formulas 2 and 3. Mayor Standley pointed out the City and County own the dump, and if there is any residual value to a filled dump Snowmass does not get it. Stafford said the dump is expected to cost $26,000 and he would like the Boards to choose a formula. Commissioner Kinsley moved for formula #1 (population distribution); seconded by Councilman Isaac. ~pec~a£ Meeting Aspen City Council February 2~_1979 Mayor Standley called the special meeting to order at 5:10 p.m. with Councilmembers Anderson, Behrendt, Parry, Van Ness, and City Attorney Stock present. ORDINANCE #15, SERIES OF 1979 - Providing for a Tow Fee Providing for ~ Tow Fee Councilman Behrendt moved to read Ordinance #15, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #15 (Series of 1979) AN ORDINANCE PROVIDING FOR A $4.00 STORAGE FEE AND A S15.00 TOWING FEE FOR ANY VEHICLE IMPOUNDED UNDER THE AUTHORITY OF SECTION 22-20 OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #15, Series of 1979, on second reading; seconded by Councilman Van Ness. Councilman Van Ness asked if this is the same charge as Dillinqham's tows. Stock said it is the same charge except that the City does not have the provision to charge more for 'difficult tows. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Anderson, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilman Van Ness moved to adjourn the meeting at 5:15 p.m.; seconded by Councilwoman Anderson. All in favor, motion carried. ~och, City Clerk Regular Meeting Aspen City Council February 26, 1979 Mayor Standley called the joint meeting to order at 4:00 p.m. with Commissioners Child, Edwards, and Kinsley, and Councilmembers Anderson, Isaac, Parry, Van Ness present. Also present were County Manaqer Ochs, City Manager Mahoney and City Attorney Stock. 1. Public Arts Commission. Phillip Yenawine told the Boards there are many artistic ~Public Arts projects around, most apparent is the mall sculpture contest. The Visual Arts Boards Commission wanted to delegate decisions to a subcommittee, as they do not want to be involved in making aesthetic decisions. There is money earmarked for a fountain in the mall, and the Visual Arts Center wants to do a public sculpture project. There seems to be enough going on to have a special committee. Yenawine had convened a committee with representatives from the Mall Commission, Aspen Foundation for the Arts, Chamber, Planning office, the governing bodies and two citizen artists. Yenawine suggested this committee could oversee public arts projects and check to make sure that the expenditures were reasonable, and set up long range policies. This group recom- mended that this is an area in which there is enough activity that it would be useful to establish a committee to act as an advisory board to the City and County. Mayor Standley said every year one more arts group is added and the members seem to be from other arts groups. Mayor Standley asked Yenawine if he did not feel this was a duplication. Yenawine said no one seemed to want to pick up the responsibility in this area. Mayor Standley suggested giving the VAB this responsibility. Yenawine said the VAB is not set up to make aesthetic decisions. Mayor Standley said when foundations like this are created, at some point they want in-kind services and budgets. Mayor Standley suggested having a public arts commission operating within the VAB. Yenawine said he felt this was a separate area from the VAB. Councilman Isaac said he is supporting this as the VAB will be focusing its attention on the Visual Arts Center and what will go on in that building. The art project is outside if the VAC. Mayor Standley said this committee may either die of lack of things to do or it will create things to do and build its own bureaurcracy. Mayor Standley said the VAB ouqht to be charging the Aspen Foundation for the Arts with this task. Yenawine said the genesis of this committee is that no one is picking up the ball. Mayor Standley said he felt the need for the services exists but the creation of the organization to provide the service does not exist. ii Commissioner Child said he felt the function is needed, and this group will have a lot to ~ do in setting up the system. Mayor Standley suggested going back to the VAB, explaining the position of Council and the Commissioners, and try and get people from the VAB to serve on a subcommittee to provide the function. If no one will do it, either the function is not needed or Yenawine should report back. 2. Solid Waste Center Subsidy Sharing. Brian Stafford presented three different formulas Solid Waste to the Boards for the distribution of costs. These are population distribution, assessed Center Subsid valuation, and sales tax distribution formula. The Town of Snowmass favors the sales tax Sharing distribution formulas or a compromise between formulas 2 and 3. Mayor Standley pointed out the City and County own the dump, and if there is any residual value to a filled dump Snowmass does not get it. Stafford said the dump is expected to cost $26,000 and he would like the Boards to choose a formula. Commissioner Kinsley moved for formula #1 (population distribution); seconded by Councilman Isaac. Regular Meeting Aspen City Council February 26, 1979 Ail in favor, with the exception of Councilman Van Ness. Motion carried. Mayor Standley requested City Attorney Stock to draft a letter to COG for joint signature. Commissioner Edwards suggested mentioning in the letter that the City and County have been advised the legislation is moving to create basin of origin legislation, and they are definitely in support of that. If this attorney is seeking transmountain dive~rsions, it has to be a conflict. Musick has requested an appropriation of $7,000 through 1980 for W-3962 through W-3981 and W-4004. Musick told the Boards that statements of opposition have been prepared and he is ready to file them. Musick's recommendation is to do nothing more than monitor the other action on this. Musick said that the $7,000 is for the whole litigation, and if the state of Colorado carries the ball, it will cost no more than $1,000. Commissioner Edwards moved to authorize up to $1,000 for this litigation split jointly and if more is needed for the litigation to come back; seconded by Commissioner Kinsley. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Isaac moved to table the minutes; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilwoman Anderson told Council she had had requests from members of the Clean Comments on Air Air Advisory Board that the City copy them and ask for their comments on major studies Pollution Studies and projects having to do with air pollution. Much of the air pollution is in the City and it would be a good idea to have their input on transportation, malls, etc. Mayor Standley asked the planning office to handle this. 2. Councilwoman Anderson pointed out the City is working on downtown beautification and Garmisch Plaque the Garmisch plaque on City Hall really needs repainting. Mayor Standley said Joachim needs Repainting Wolfe is going to repaint this. 3. Councilman Parry said he would like the trolley discussed and would put it under the ~Parry ~ould mall discussion. like Trolley discussed 4. Councilman Isaac said he is still in favor of eliminating short term units in the residential areas and would like to encourage the staff to keep working towards that. 5. Councilman Van Ness said there is a petition going around to get Ben Johnson back to Petition for the police department. Councilman Van Ness said the Council seems to have little input Be~ Johnson in the general policies of the police department, and it might be helpful to have an executive session to discuss the personnel. Councilman Van Ness said he felt there should be some voice of Councilmembers views on the general policies. Council decided to have the executive session after the meeting. 6. Mayor Standley said if the figure of 78 units for short term rentals ~n residential Short Term areas posited to Council by various real estate managers were in fact closer to 150 units, Rentals would Council be interested in proceeding with some form of an ordinance prohibiting short term rentals. Mayor Standley noted the figure of 78 units are those that are managed by companies; many units are short termed by the owners themselves, and this could be another 75. Councilman Van Ness said the City should find out how extensive this ~s before anything is done about it. Councilmembers Anderson, Van Ness, Isaac agreed. Mayor Standley asked the planning office to take back issues of the Aspen Times to go through want ads, and try and find out which are one times and multiple times. APPOINTMENTS TO BOARDS AND COMMISSIONS Mayor Standley told Council Francis Whitaker would like to be appointed as a full member Appt$. to Board of the Board of Adjustment and Don Kopf has applied for the Board of Appeals and Examiners. & Commissions Councilman Parry moved to appoint Francis Whitaker to the Board of Adjustment; seconded by Councilwoman Anderson. All in favor, motion carried. Councilman Van Ness moved to appoint Don Kopf to the Board of Examiners and Appeals; seconded by Councilman Parry. All in favor, motion carried. BONDING PROPOSAL Bonding Proposal~ Mayor Standley said Don Diones, Kirchner/Moore, was present for the street improvement bonds and on a proposal to be retained as the City's financial consultant. Diones told _ Council this is a propoal to serve as an Investment banker for the City and to take care of elections that might occur ~n respect to bond issues. Diones said he is working on a project to put together a committee regarding Industrial Revenue Bonds; this committee will screen and consider applications for IRB's that might be submitted to the City. Mayor Standley said for the last six years 100 per cent of the City's bonding has been done by Kirchner/Moore. The Council has listened to other bonding firms proposals and have always come back to Kirchner, Moo e. Finance Director Butterbaugh said the City has a very good working relationship with this firm. In the proposal under (d) (2), in the ~egu±ar ~eeLlng Aspen ~l~y ~ouncl± ~'eDruary past their services have been of no direct cost to the City but have gotten commissions from the underwriting. Should the City decide to work with some other underwriter, Kirchner/Moore would charge for their services. Diones noted that would not relate to IRBs. Councilman Parry moved to authorize Mayor Standley to sign the agreement with Kirchner/ Moore to be the City's investment bankers; seconded by Councilwoman Anderson. All in favor, motion carried. WHEELER OPERA HOUSE - Master Plan Progress Report Wheeler- Master Dave Ellis, city engineer, told Council two of the basic concerns are the 1977 and 1978 · Plan Progress grants. John Stanford has been in contact with the state, and they want to see somethingl RePort very positive on the Wheeler. The state is contemplating transferring funds to some other entity if they don't see some action on the Wheeler. The 1977 grant will be able to demonstrate action for structural repairs; the engineering department will be able to award a contract if they get the extra funds. For the 1978 grant, the master plan, what is needed is a grant administrator. John Stanford is willing to work on the master plan aspect, but an administrator is needed. Councilman Van Ness asked how the Roaring Fork Valley Foundation fit into the master plan. Ellis said he thought the Foundation Would deal primarily with the economic feasibility, what could take place in terms of a devel- opment of a program within the Wheeler. The grant aspect of the master plan is to address the historical renovation problems. Mayor Standley said the City is working on a proposal with the Roaring Fork Foundation. The decision point will come after the May election on which direction to move regarding the renovation. Brad Morrison has been hired by the Foundation to undertake studying the Wheeler and the performing arts in the entire community. Mayor Standley told Council that Stanford was supposed to explain to the state the action plan and what is going on. Thisll grant does not expire until March 1980, and the City has to show some positive action by October. Mayor Standley said he did not feel the City should hire someone until they are sure what direction to move. Ellis said he felt the key element and some of the problem with the state is that there is nobody specifically to admihis~r.t~.e~rant, Mayor Standley said if that is an issue, the City Manager will appoint some6ne to do that. WHEELER OPERA HOUSE - Structural Repairs Wheeler- Dan McArthur, assistant engineer, told Council the bid for the structural repair of the Structural Repair Wheeler came to $32,000. The City had originally budgeted $34,000 but because of pro- fessional fees for drawings, bidding, and maintenance costs the balance is $27,937 which leaves a $4,000 deficit. The engineering department is requesting an approval of additional funding of $5,000 to get the project underway and enable the City to keep the $17,000 which the state has funded. McArthur told Council the Wheeler is in need of structural repairs. McArthUr Said there was only one bid for the project; it is hard to generate interest for remodel jobs. Councilwoman Anderson asked if the costs listed were reasonable. McArthur said the maintenance and professional costs were all legitimate and reasonable; they had to come off the top of the budget. Councilman Van Ness asked if $4,000 to get the bid ready is normal. Ms. Butterbaugh told Council the grant was applied for in 1976; the money was appropriated in 1977, and the purchase order was on file for two years. There were necessary things that had to be done at the Wheeler and came out of the purchase order. Councilman Van Ness said he was only questioning the costs to get the bid together. Ellis told Council $2200, items 5 and 6, were for services rendered for preparation of contract documents and specifications for the first bids, which were too high. Item 8, $1,070, is the Current cost of the proposal for the second bidding, construction meetings and inspections during the actual work. If the project does not take place, this cost would only be $300. McArthur pointed out it has been almost two years since the budget was allocated and costs have gone up. Councilman Van Ness said this is overbudget because the boiler went out and because it took several years and the reports had to be updated. Ellis agreed, and told Council he is attempting to get the contractor to agree to a topset figure. Ellis stated this is a very undesirable job; they have to work around office equipment. Councilman Parry asked why the boiler was coming out of structural repair budget. Ms. Butterbaugh told Council that anything included under this purchase order is getting reimbursed 50 from the state. Mayor Standley asked why the lessees did not pay for the boiler, they should be direct billed. Stock told Council he had had contact with the lessee's attorney. Their position is to deny any responsibility. Mayor Standley said the City has had this problem for years and the contract should be cancelled. Councilman Isaac asked if these structural repairs would limit any choices in renovation. McArthur said this are repairs to beams that are failed or overstressed. This will have nothing to do with the renovation, it is just structural. Councilman Isaac moved to appropriate up to $4434 with sixth penny funds and to instruct Ron Stock to purse the obligation of the tenant to the fullest extent; seconded by Councilman Parry. All in favor, motion carried. MALL, DOWNTOWN AND PARKING STUDY Mall, Downtown & Jim Reents, planning office, told Council they are in a tight time frame of redesign of Parking Study the mall, the downtown beautification, and integrating the suggestions of PBQ&D for the parking studies. Curt Stewart, transportation planner, said that PBQ&D is bringing to Council implications for solutions to the parking problems. Stewart said the plans for the mall expansion and for circulation/transportation should be tied together. Nolan Rosall, planning consultant, reviewed the three alternative configurations~for the mall plan; A - Galena and Cooper are closed entirely, B - keeping Galena open e~tirely Regu£ar Meeting Aspen City Council February 26, 1979 as some type of public transit-type of street with no parking, and C - Galena is completely closed, Cooper is open and uszng a one-way circulation system around the mall. Rosall told Council they are not ready to make a recommendation, they will have more meetings with businesses and the Chamber. Alternative A is complete pedestrianization, with two major focal points Independence Square and the area by Wagner Park. The atmosphere that is created has no conflict with vehicles. Rosall said he felt Rubey Park could be upgraded for more parking. Supplying the parking spaces that are lost from closing the two streets can be accomplished using Rubey Park and diagonal parking. Alternative B introduces some public transit into the immediate downtown area and ties Rio Grande and Rubey Park together in a linear fashion. A disadvantage is the introduction of conflict with noise and large vehicles into the '' mall itself, and cuts the downtown plan in half. This would separate the Independence Square area from the rest of the mall. Plan C uses all the blocks between Durant and Hopkins and Hunter and Monarch as pedestrian only or pedestrian oriented with close-in rapid turnover parking. Rubey Park on all of the alternatives will be upgraded as a parking area. They are look- ing at keeping Rubey Park as a major stop, but not have the buses stack. The space is too valuable for 3ust stacking buses. Rosall said they are convinced that the downtown program and the one-way systems can work. Mill street should be reinforced as a major pedestrian artery; Galena should be major vehicular entrance off Main. Both Mill and Main and Main and Galena intersections need to be upgraded with the use of neckdowns, designated crosswalks, landscaping, lighting, etc. Cooper into the downtown area also needs to be upgraded and emphasized as a parkway entrance. Rosall said the assumptions are there will be some parking facility in the Rio Grande, this might ind,.cate a shuttle service. Councilman Parry pointed out if the intersection of Galena and Cooper is kept open, it allows the S&nclair station to stay and lets cars in. The biggest pedestrian area is Cooper and Galena intersection; mzxing automobiles with that is not a good idea. Council- man Parry said he would like to see Cooper for pedestrian traffic. H. J. Stalf said he felt the plan for Rubey Park ~s unworkable as Rubey Park puts 3,000 to 4,000 people a day through on the buses. Rubey Park is the most ideal transportation center, to have everything deal with transportation at one location is the key that makes the system workable and understandable. Stalf commented that a bus route had been tried up and down Galena street to Rio Grande and it did not work. There is not the basis for rider- ship on Galena as there is on Mill street. Councilman Isaac said he preferred the origina:l, whole mall idea, Councilman Parry agreed. Rosall told Council an alternative to consider is that the water fountain at Mill and Hyman might be better in another location. Councilman Parry brought pictures of trolley cars that carry 54 people with trailers for 44 more. Councilman Parry told Council it is possible to buy this car and to use it in the event that Little Annie Ski area goes through. These would be used to connect Rubey Park east to the Little Annie tram. Councilman Parry said these would have to have over- head wires, and if it is possible to get the cars, would the Council object to the over- head wires. If Council absolutely objects to the wires, the people will not buy the trolleys. Councilman Isaac said he had a problem with the trolleys running on Durant street, which has been identified as a major auto route through town. Councilman Isaac said he had a problem with trolley tracks laid on Durant street, and he does not like the overhead wires, and would rather see trolleys with tires. Jon Busch told Council the Department of Transportation in Europe had done a study and pedestrian tram mixes have been found quite compatible. Councilwoman Anderson said she is pro-trolley but anti-wire and would rather see a trolley with wires than no trolley at all, given the choice. Curt Stewart said he has looked at this from a planning standpoint, and he would like to know the annual maintenance costs, what type of facilities are required, how many people will it serve, what kind of head ways will it run on. If Council pursues this, Stewart said he would like some assistance to answer these questions. Mayor Standley said some of this technological data is in the Snowmass transportation/light rail studies.' Councilman Van Ness said this particular was not as objectionable as he had assumed; he would not reject it'because of the wires. Councilman Isaac said he would not reject it because of the wires, the problem he has is the transportation on Durant street. Councilwoman Anderson agreed. Wes Frysztacki, PBQ&D, said the parking data reinforces the recommendations made to Council in October. This is better management of the parking capacity the City has now; pricing the parking supply by a permit systems, additional parking capacity either at Rubey Park or Rio Grande. Frysztacki told Council the winter survey supports the concepts offered from the summer survey. They will be taking some of this information and using it as relates to transit in the TDP. Stewart recommended Council go over the'survey and data and if there are questions, relate them back to Stewart. WATER PLANT HOUSING REPORT Water Plant Housing Report Jim Reents, planning office, told Council they have computerized the results of the housing survey which was jointly funded by the County. The results from the public sector were fast-tracked with a 55 per cent response. Reents said that public sector employees are somewhat older and more stable, with a higher percentage of homeownership and a mean of over 5 years within the valley. Tentatively, Reents stated there is a demand for the type of housing suggested for the water plant site. They have not put numbers to the s~ze of the project as well as housing mix. Councilman Van Ness asked about the majority position of giving preference to municipal employees and if Stock had found out if it was illegal. Stock said he had not come across anything yet; everything so far seems to indicate that the City can do so. The City has to have a rational reason for treating two different groups differently, and if it is one based on employment it has been allowed. Reents told Council the survey indicates there is a higher percentage of public sector employees living downvalley than has been the average of employees. Councilman Van Ness said the thrust of his criticism is that it is not fair to take money from all the taxpayers and build a building to g~ve preference to one group of employees. ~¢9u~' *v*~E~ng ~spen ul~y uouncl± ~'eDruary 26, 19'/9 ORDINANCE ~10, SERIES OF 1979 - Ratifying Easement with Ski Corp .iRatifying Ease- ilment with Ski -, Mayor Standley opened the public hearing. This is for easement through recently acquired?Corp ~ ~ City property at the base of Aspen Mountain. Mayor Standley closed the public hearing, i Councilwoman Anderson moved to read Ordinance #10, Series of 1979; seconded by Councilman: ~ Isaac. All in favor, motion carried. ORdiNANCE #10 (Series of 1979) AN ORDINANCE RATIFYING AN EASEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN SKIING CORPORATION PROVIDING AN EASEMENT FOR USE BY THE ASPEN SKIING CORPORATION OF CERTAIN CITY OF ASPEN PROPERTY was read by the city clerk Councilman Isaac moved to adopt Ordinance ~11, Series of 1979, on second reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Anderson, aye; Isaac, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~11, SERIES OF 1979 - Payment for Electric Charges Payment for Electrical Mayor Standley opened the public hearing and read into the record a letter from Nick ilCharges Coates opposing the ordinance. Bil Dunaway said the landlord could pay the electric bills himself, collect them from the tenant, and then he woUld know they were paid. Ms. Butterbaugh said the electric service is shut off after 90 days, but by the time proper legal notice is giving it is another 20 days. Councilman Van Ness said the time before cut off should be shorter. Ms. Butterbaugh said the finance department is rewriting the utility billing procedure; right now the notices are sent out by hand. Mayor Standley closed the public hearing. Councilman Isaac moved to read Ordinance #11, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~11 (Series of 1979) AN ORDINANCE AMENDING SECTION 23-22 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR PAYMENT OF CHARGES FOR ELECTRICAL SERVICE AND THE REMEDIES FOR NONPAYMENT THEREOF was read by the city clerk. . Councilwoman Anderson moved to adopt Ordinance 911, Series of 1979, on second reading; seconded by Councilman Isaac. Councilman Parry said he wanted to shorten the notice time to less than 90 days. Mayor Standley said as soon as there is the capability, revise the notice time, to 30 days after the billing date. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Van Ness, aye; Anderson, aye; Mayor Standley, aye. Motion carried. ORDINANCE #12, SERIES OF 1979 - Requiring Posting of Premises fOr Variances Requiring Posting Mayor Standley opened the public hearing. There were no comments. Mayor Standley closedi:of Premises for the public hearing. !~Variances Councilman Isaac moved to read Ordinance ~12, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #12 (Series of 1979) AN ORDINANCE AMENDING SECTION 2-22(c) OF THE ASPEN MUNICIPAL CODE PROVIDING FOR THE POSTING OF PUBLIC NOTICE ON THE PREMISES FOR WHICH APPLICATION HAS BEEN MADE FOR A VARIANCE was read by the city clerk. Councilman Parry moved to adopt Ordinance 912, Series of 1979, on second reading; seconded by Councilwoman Anderson. Councilman Van Ness stated he felt this is a bad ordinance because every property owner within so many feet is notified and that is much more effective than a big ugly sign. Perhaps the number of people notified should be increased to include the whole block or two. Stock told Council he had taken the requirements for signing provisions from the liquor code. The Board of Adjustment requested this ordinance and they fell this is very~i important. Applications for variances sometimes effect more than just an adjacent prop- erty owner. Roll call vote; Councilmembers Anderson, aye; Van Ness, nay; Parry, nay; Isaac, aye; Mayor Standley, aye. Motion NOT carried. , ~'i ORDINANCE #13, SERIES OF 1979 - Repealing Section 13-25, Lewd and Lascivious Repealing Section 13-25: Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Lewd & the public hearing. Lascivious Councilman Van Ness moved to read Ordinance ~13, Series of 1979; seconded by Councilwoman~ Anderson. All in favor, motion carried. Regular Meeting Aspen City Council February 26, 1979 ORDINANCE #13 -- (Series of 1979) AN ORDINANCE AMENDING THE ASPEN MUNICIPAL CODE BY REPEALING Repeal of SECTION 13-25 WHICH PROHIBITS LEWD OR LASCIVIOUS SPEECH OR BEHAVIOR IN PUBLIC was read by the city clerk. Section 13-25 Councilman Parry moved to adopt Ordinance #13, Series of 1979, on second reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Anderson, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~14, SERIES OF 1979 - Repealing 13-33, Expectorating on the Sidewalk Repealing 13-33 ~ Expectorating on!~ Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the Sidewalk i the public hearing. Councilman Parry moved to read Ordinance ~14, Series of 1979; seconded by Councilwoman Anderson. All in favor, motion carried. ORDINANCE ~14 (Series of 1979) AN ORDINANCE REPEALING SECTION 13-33 OF THE ASPEN MUNICIPAL CODE WHICH PROHIBITS EXPECTORATING ON SIDEWALKS OR IN PUBLIC BUILDINGS was read by the city clerk Councilman Van Ness moved to adopt Ordinance ~14, Series of 1979, on second reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Isaac, aye; Anderson, aye; Parry, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. City Hall Roof. City Manager Mahoney told Council the engineering department has City Hall Roof requested bids for redoing the roof of City Hall. Councilman Parry moved to get bids for the roof; seconded by Councilman Isaac. Dave Ellis told Council he would like them to seriously consider redoing the roof; it has already been repaired, and it needs to be repaired again. Ellis said he did not think it would be worth the expense to repair again. Ellis said it would cost around $40,000 to put a new roof on. Ellis said the roof is leaking in every corner and in the middle. Mahoney recommended getting the information on how much this would cost. Ellis said he did not foresee a major renovation of City Hall in the near future as it is in excess of $300,000 project. Mayor Standley suggested coming up with bids on the roof and work with the finance director to certify if funds are available in the sixth penny. Mayor Standley said he was satis- fied a new roof is the cost effective thing to do. Ellis said he would put together a package on repairing costs and costs for a new roof. All in favor, motion carried. 2. Bids on Police Cars. Mahoney said several Councilmembers had indicated ~heyfelt the Bids on Police image of policy vehicles was a policy decision. The police department has searched for Cars automobiles that are suitable, and the finalists are Saab and Jeep although there are some prejudices against Jeep. Mahoney said as long as the Saab meet the requirements for budget and physically, he did not really care. Mahoney said he had asked the mechanics and the police department to address Council on the vehicle issue. Gregg Holmbeck, City Shop, told Council the City has had Saabs since 1975 and have been plagued by the same problems year ~ after year. There has been damage to the frame and undercarriage, because the cars are so low; the exhaust parts are replaced because the cars are too low. There are at least 4 to 5 clutch units per year. The brakes are only good for 6 to 8,000 miles. Cam shafts and transmissions have caused~ problems; the trans- missions have a weak part. Because of the design of the Saab, they do not stand up well under getting rammed into. Holmbeck said he is convinced the City's maintenance costs would be cut in half by going to a more sturdily built vehicle. The Saabs have problems starting at 10 degrees or below because of a computerized fuel control. Councilman Van Ness asked what the costs are to maintain these vehicles per year. Holmbeck said the police department has that information, but damaged parts to the Saab will cost 50 to 60 per cent higher than American cars. Holmbeck said he felt the Jeep as an alter- native is reliable. Councilman Van Ness said the advantage of having a four-wheel drive in the snow is not clear cut. The safety factor when turning corners or driving on ice, it is easier to lose it with four-wheel drive. Holmbeck said he was talking about reliability. Councilwoman Anderson noted that the Jeeps will be eight cylinder and they will be using more gasoline than Saabs. Michael Chandler, police department, told Council the bid from Jeep is for six CJ-7s and two Cherokees, for a total of eight vehicles, and the cost would be $12,950 per year. Chandler said rear wheel drive is totally unacceptable. The CJ-7s ea~ more gas than Saabs but not as much as big cars. Chandler told Council he had pursued Jeeps because besides meeting the requirements, it is a reflection of the City. Councilwoman Anderson said she has a real problem with safety in Jeeps and the CJ-7 is real squirrely. Councilman Isaac said he felt these cars were too expensive and he would rather see something with a lower profile, like Chevy Nova. ReguLar Meetlng ASpen City Counci± February 26, 1979 Mayor Standley said he had driven the Saabs to meetings for four years through very adverse conditions and had never had problems. Mayor Standley said he felt the Saab is infinitely safer than Jeeps. As far as the fuel economy, the difference is gas usage would be several gallons a day sa~ed by the Saabs. Fuel is automatically built into the operating costs and maintenance is not. The backseat in the Jeeps is a totally nonuseful back seat. Mayor Standley told Council he had talked to five policemen who were all vehemently opposed to the Jeeps. The $20 difference in lease between Jeeps and Saabs is more than made up in the gas savings. Holmbeck commented it is not realistic to take a police car on patrol duty past one year. The Council should consider going back to changing every year. The reliability factor on the second year is low. Mahoney suggested renegotiating leases for one year. Councilman Isaac moved to go for Saabs conditioned upon trying for a one year lease; seconded by Councilwoman Anderson. All in favor, motion carried. 3. Advertising on buses. Mahoney brought up Council's preference about advertising on ~iAdvertising on buses. Mayor Standley said Council had a motion regarding this and that it would be i!Buses allowed inside the buses. H. J. Stalf said the Skiing Corp used to have Buttermilk Rental advertising in the buses and would like to reinstate this. Mayor Standley told Stalf to put an advertising package together for Council's consideration. Stalf said for the month of March he would let the Skiing Corp advertiSe the rental shop on the ski buses. ORDINANCE ~5, SERIES OF 1979 - Adopting Prohibitions Against Smoking in Certain Public iAdopting Prohib- Areas iitions Against iSmoking in Certain Councilman Isaac moved to read Ordinance ~5, Series of 1979; seconded by Councilwoman iPublic Areas Anderson. All in favor, motion carried. ORDINANCE #5 (Series of 1979) AN ORDINANCE ADOPTING PROHIBITIONS AGAINST SMOKING IN CERTAIN PUBLIC AREAS AND PLACES was read by the city clerk Councilwoman Anderson said in the population as a whole the non-smokers are in the majority, and the purpose of this ordinance is to make city-owned buildings non-smoking areas except where the City Manager posts smoking permitted. Councilman Van Ness said he felt this is too broad. Councilwoman Anderson noted that non-smokers are being subjected to smokers habit. Councilman Isaac moved to adopt Ordinance ~5, Series of 1979, on first reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Anderson, aye; Parry, nay; Van Ness, nay; Isaac, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~16, SERIES OF 1979 - Repealing 22-8, Riding Animals at Six Miles Repealing 22-8 Councilman Isaac moved to read Ordinance ~16, Series of 1979; seconded by Councilwoman iRiding Animals at Anderson. All in favor, motion carried. Six Miles ORDINANCE ~16 (Series of 1979) AN ORDINANCE REPEALING SECTION 22-8 OF THE ASPEN MUNICIPAL CODE WHICH PROHIBITS THE RIDING OR DRIVING OF ANY ANIMAL AT A SPEED GREATER THAN SIX MILES PER HOUR WITHIN THE ASPEN CITY LIMITS was read by the city clerk Councilman Van Ness moved to adopt Ordinance #16, Series of 1979, on first reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Isaac, aye; Van Ness, aye; Anderson, aye; Parry, aye; Mayor Standley, aye. Motion carried. RESOLUTION ~3, SERIES OF 1979 Transferring Monies Resolution MS. Butterbaugh told Council this money was put aside for raises and is now being trans- Transferring Monie ferred to the department's to administer. Councilman Parry moved to read Resolution ~3, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #3 (Series of 1979) WHEREAS, the City Manager has requested in writing the transfer of part of all of certain unencumbered appropriation balances from one department, office, agency or object to another, and WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may make appropriation transfers, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That upon the City Manager's request, the City Council hereby makes a transfer of appropriations in the amount of $39,739 from the General Fund General and Administration Department to the following departments in the · ~ following amounts: 2583 Regular Meeting Aspen City Council February 26, 1979 City Manager $1,140 City Clerk 1,018 City Attorney 904 Finance 5,216 Planning & Zoning 3,981 Engineering 2,272 Building Inspection 1,419 Environmental Health 478 Police 9,238 Municipal Court 879 Animal Control 1,043 Communications 1,828 Streets 5,142 Property and Building Maintenance 3,514 Data Processing 883 Recreation Activities 794 Section 2 That upon the City Manager's request, the City Council hereby makes a transfer of appropriations in the amount of $4,498 from the Water Fund General and Administration Department to Water Fund Operations. Section 3 That upon the City Manager's request, the City Council hereby makes a transfer of appropriations in the amount of $1,424 from the Electric Fund General and Administration Department to Electric Fund Operations. Section 4 That upon tha City Manager's request, the City Council hereby makes a transfer of appropriations in the amount of $6,573 from Transit Fund General and Administration Department to Transit Fund Operations. Section 5 That upon the City Manager's request, the City Council hereby makes a transfer of appropriations in the amount of $1,101 from Golf Course Fund General and Administration Department to Golf Course Fund Operations. Councilman Parry moved to adopt Resolution ~3, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. Councilman Van Ness moved to adjourn at 7:55 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Koch, City Clerk