HomeMy WebLinkAboutminutes.council.19991213Regular Meeting Aspen City Council December 13, 1999
CITIZEN PARTICIPATION ...................................................... 1
OUTSTANDING EMPLOYEE BONUS AWARDS ........................... 1
COUNCILMEMBER COMMENTS .............................................. 1
CONSENT CALENDAR ........................................................... 2
· Resolution gl 13, 1999 - City Hall Janitorial Contract ................... 4
· Resolution # 115,1999 - Contract Mesa Mack for Dump Truck ....... 4
· Resolution gl 16, 1999 - Contract Hanson Equipment Flush Truck... 4
· Ordinance #45, 1999 - 2000 Fee Schedule ................................ 4
· Ordinance #56, 1999 - Molly Gibson Lodge Minor PUD .............. 4
· Resolution gl 17, 1999 - State Historic Tax Credits ...................... 4
· Resolution gl 12, 1999 - Contract - Alarm Monitoring - Simplex .... 4
· Adoption of Aspen/Pitldn County Housing Authority Budget .......... 4
· Minutes - November 8, 1999 ................................................ 4
· Resolution #120, Series of 1999 - Cross Town Shuttle Contract -
High Mountain Taxi .............................................................. 4
· ACRA Donation - $615 Council contingency ............................. 4
· Request for Funds - Jennifer $300 - Travel to National Youth League
Conference ......................................................................... 4
RESOLUTION #104, SERIES OF 1999 - Adopting Year 2000 Mill Levy4
ORDINANCE #51, SERIES OF 1999 - Appropriations ...................... 5
ORDINANCE #55, SERIES OF 1999 - Adoption of the Uniform Building
Code .................................................................................... 5
ORDINANCE #54, SERIES OF 1999 - HPC Contractor Licensing
Program ................................................................................ 6
ORDINANCE #53, SERIES OF 1999 - Banning Use of Cell Phones While
Driving ................................................................................. 7
RESOLUTION gl 18, SERIES OF 1999 - Petrick Annexation ............10
RESOLUTION gl 14, SERIES OF 1999 - Supporting U. S. Population
Stabilization ......................................................................... 11
RESOLUTION gl 19, SERIES OF 1999 - Endorsing Preferred Alternative
Entrance to Aspen ................................................................. 12
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Regular Meeting Aspen City Council December 13, 1999
Mayor Richards called the meeting ro order at 5:10 p.m. with
Councilmembers Paulson, Hershey, McCabe and Markalunas present.
CITIZEN PARTICIPATION
1. Connie Harvey said she supports Council passing Resolution #114
and feels the United States must stabilize population immediately.
2. David Schoenberger said he feels the situation with Bass park is a
crisis. Schoenberger said the housing daycare fund should have protection
like the sixth penny fund and properties purchased with housing daycare
should not be sold off without being replaced.
3. Kevin Tripp said a large part of the reason the community has faith
in open space and trails fund is because of the restrictive covenants.
Mayor Richards said Council will have a work session in January on Bass
park.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor Richards and Council presented outstanding employee bonus
awards to Jack Reid, streets department; Thomas Dunn, water department;
Sandy Boyer, police department; Brad Onsgard, police department: Claude
Morrelli, transportation department; Stephanie Sommers, Wheeler Opera
House; David Samuelson, Wheeler Opera House; Martha Horan, Wheeler
Opera House, and Kim Vieira and Terri Dangler, Recreation Department
COUNCILMEMBER COMMENTS
1. Councilman Hershey said there is a meeting Friday at the Given
Institute with Alice Swett, who helped start the Boulder Youth Council.
2. Councilman Hershey moved to add to the consent calendar donation
to ACRA of $615 for Sister City flags; a donation for Jennifer of $300
high school student to travel to National Youth League conference, both
from Council contingency and Resolution #120, Series of 1999, approving
a contract with High Mountain Taxi for cross town shuttle service;
seconded by Councilman Markalunas. All in favor, motion carried.
Regular Meeting Aspen City Council December 13, 1999
3. Councilman Markalunas said he was able to have a car-free day
because of the new cross town shuttle service. Councilman Markalunas
said the city is providing this much-needed service.
4. Councilman McCabe announced his daughter, Merrin McCabe, just
won the state championship on constitutional scholarship and will be going
to the national competition in Washington D.C. representing the state of
Colorado.
CONSENT CALENDAR
Councilman Markalunas moved to read ordinances #45 and 56, Series of
1999; seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE NO. 45 Series of 1999
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY
OF ASPEN BY AMENDING SECTIONS 2.12.010, 2.12.020, 2.12.030,
2.12.040, 2.12.045, 2.12.050(b), 2.12.050(d), 2.12.050(f), 2.12.050(h),
2.12.060, 12.20.070, 12.20.080, 13.20.030, 14.20.070, 25.04. 26.04.060,
26.04.070, AND 26.04.080 TO INCREASE ASPEN MUNICIPAL GOLF
COURSE FEES, ASPEN ICE GARDEN USER FEES, JAMES E. MOORE
POOL USER FEES, MISCELLANEOUS LEISURE AND RECREATION
DEPARTMENT USER FEES, WHEELER OPERA HOUSE FEES,
MISCELLANEOUS POLICE DEPARTMENT FEES, MISCELLANEOUS
DOG LICENSING FEES, TREE REMOVAL PERMIT FEES,
ENVIRONMENTAL HEALTH DEPARTMENT FEES, PARKING FEES,
LAND USE APPLICATION FEES, HISTORIC PRESERVATION
APPLICATION FEES AND ZONING FEES.
ORDINANCE NO. 56
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE MOLLY GIBSON LODGE MINOR PLANNED
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Regular Meeting Aspen City Council December 13, 1999
UNIT DEVELOPMENT, LOTS O, P AND Q, BLOCK 59, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman Paulson moved to adopt the consent calendar; seconded by
Councilman Hershey.
Mayor Richards said she would like clarification of the golf course fees
before second reading; she is concerned about the increase in the local's
pass. Councilman Markalunas said he would like to make a modification
to the parking permit system at second reading. This system should take
into account the number of automobiles one owns.
The consent calendar is:
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Regular Meeting Aspen City Council December 13, 1999
· Resolution gl 13, 1999 - City Hall Janitorial Contract
· Resolution # 115,1999 - Contract Mesa Mack for Dump Truck
· Resolution gl 16, 1999 - Contract Hanson Equipment Flush Truck
· Ordinance #45, 1999 - 2000 Fee Schedule
· Ordinance #56, 1999 - Molly Gibson Lodge Minor PUD
· Resolution gl 17, 1999 - State Historic Tax Credits
· Resolution gl 12, 1999 - Contract - Alarm Monitoring - Simplex
· Adoption of Aspen/Pitkin County HOusing Authority Budget
· Minutes - November 8, 1999
· Resolution #120, Series of 1999 - Cross Town Shuttle Contract - High
Mountain Taxi
· ACRA Donation - $615 Council contingency
· Request for Funds - Jennifer $300 - Travel m National Youth League
Conference
Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes;
Markalunas, yes'; Mayor Richards, yes. Motion carried.
RESOLUTION #104, SERIES OF 1999 - Adopting Year 2000 Mill Levy
Sheila Steinauer, budget director, reminded Council the city was waiting
for the assessed valuation before finally adopting the mill levy The mill
levy will be 5.401 mills, which is the same at last year. This mill levy will
result in revenues of $528,000 over the TABOR limit. Mayor Richards
said the city will have to ask the electorate for permission to spend this
overage. Mayor Richards said the mill levy has remained the same for the
last 9 years.
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Regular Meeting Aspen City Council December 13, 1999
Mayor Richards opened the public hearing. There were no comments.
Mayor Richards closed the public hearing.
Councilman McCabe moved to adopt Resolution #104, Series of 1999;
seconded by Councilman Markalunas. All in favor, motion carried.
ORDINANCE #51, SERIES OF 1999 - Appropriations
Sheila Steinauer, budget director, told Council no items have been added to
this since first reading. The items Council has not seen are cash out
payments for 2 employees in community development department, historic
preservation grant matching funds for Ute Cemetery, President Clinton's
visit $17,000; recreation funds for employee cash out and for the
basketball program; increased advertising and marketing for the Wheeler;
monies for 7th and Main, Truscott and Snyder housing projects; Y2K
preparation funds for Truscott and Marolt housing projects. Councilman
Markalunas said he would like a breakdown of how the funds were spent
on Ute Cemetery.
Mayor Richards opened the public hearing. There were no comments.
Mayor Richards closed the public hearing.
Councilman Paulson moved to adopt Ordinance #51, series of 1999, on
second reading; seconded by Councilman Hershey. Roll cai1 vote;
Councilmembers Markalunas, yes; Paulson, yes; McCabe, yes; Hershey,
yes; Mayor Richards, yes. Motion carried.
ORDINANCE #55, SERIES OF 1999 - Adoption of the Uniform Building
Code
Stephen Kanipe, chief building official, noted one issue Council brought up
at first reading was the expenditure of funds in the Renewable Energy
Mitigation Program. Section 311.2.1 states these will be approved by a
joint resolution of the BOCC and Council. Kanipe said the code
amendment will accommodate solar panels that are currently on the market
without an exemption. Mayor Richards asked if there is an incentive to
use the more aesthetically pleasing solar panels. Joan, CORE, said there
has been some training done in the valley on the look and use of solar
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Regular Meeting Aspen City Council December 13, 1999
panels. Mayor Richards asked if there is a credit for more pleasing panels
or will the code force people toward the less aesthetically pleasing panels.
KaniPe said Council will haVe the ultimate choice on REMP funds and how
they are spent.
Councilman McCabe asked if the formula for figuring out repayment was.
changed.. Kanipe said staff had artificially placed the cost per kWh at 0.35
cents which was based on an equivalent of renewable energy. Holy Cross
and city electric costs are closer to 0.7. This number was put in the
formula and the ,'times two" was deleted~ The formula reflects the current
cost of electricity.
Mayor Richards opened the public hearing. There were no comments.
Mayor Richards closed the public hearing.
Councilman Paulson moved to adopt Ordinance//55, Series of 1999, on
second reading; seconded by Councilman Hershey. Roll call vote;
Councilmembers Hershey, yes; Paulson, yes; McCabe, yes; Markalunas,
yes; Mayor Richards, yes. Motion carried.
ORDINANCE #54, SERIES OF 1999 - HPC Contractor Licensing
Program
Jutie Ann Woods, community development director, told Council this is a
program that requires any contractor/owner, builder working on historic
buildings to obtain a specific license. Staff and HPC recommend approval.
The cost of the exam is $20 and the license is $52. Persons will have to
re-certify every 3 years.
Mayor Richards 'opened the public hearing. There were no comments.
Mayor Richards closed the public hearing.
Councilman Hershey moved to adopt Ordinance #54, Series of 1999, on
second reading; seconded by Councilman Markalunas. Roll call vote;
Councilmembers McCabe, yes; Paulson, yes; Markalunas, yes; Hershey,
yes; Mayor Richards, yes. Motion carried.
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Regular Meeting Aspen City Council December 13, 1999
ORDINANCE #53, SERIES OF 1999 - Banning Use of Cell Phones
While Driving
David Hoefer, assistant city attorney, reminded Council this was brought
to them at the request of a Councilmember. The ordinance does not allow
one to operate a cell phone while driving unless the operator has both
hands on the steering wheel. The exceptions are if a person is contacting
the police or fire department, or using a hands free device, using a cell
phone while parked or fire or police personnel in their official capacity.
Hoefer told Council the New England Journal of Medicine finds that
distraction caused by cell telephones in motor vehicles quadrupled the risk
of an accident during that telephone call. This rate is comparable to drunk
driving rates. The NEJM also concluded that proposals for regulation are
not unreasonable since poor driving imposes risks on other drivers. Public
debate is important since cell phones help productivity and quality of life.
Hoefer said 70 million calling minutes daily are logged in from cell
phones. There have been 1700 accidents including two fatalities and 300
injuries attributable to cell phone usage and driving. Hoefer said the only
accident the Aspen police department is aware of is one in which a police
officer was injured.
Councilman Hershey said it is unfair to single out cell phone uses and there
are other irresponsible behaviors while driving.
Councilman Hershey moved to add an amendment to Section
15.04.61(1)(c), 12 additional activities prohibited while operating a motor
vehicle of Ordinance #53; seconded by Councilman McCabe.
Councilman Hershey said he feels these other activities, like eating,
changing CDs, putting on makeup, while driving are more dangerous and
cause more accidents than talking on cell phones. Councilman Hershey
said he does not feel good behavior can be legislated.
Roll call vote; Councilmembers Markalunas, no; McCabe. yes; Paulson,
no; Hershey, yes; Mayor Richards. no. Motion NOT carried.
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Regular Meeting Aspen City Council December 13, 1999
Tom Stephenson, chief of police, stated he believes education is a better
way to go pending more studies on this. Stephenson said the accident rate
in Aspen has been flat even though there has been a large increase in use
of cell phones over the same time. Stephenson said this ordinance may be
unfair to guests not familiar with Aspen's laws. Stephenson said he would
rather have his officers focus on more unsafe areas. Councilman Hershey
noted there are already laws for inattentive and careless driving which
could be enforced for people talking on cell phones. Hoefer noted those
laws would be enforced generally after an accident. Stephenson said there
may be some businesses, like taxis and delivery companies that are self-
dispatched and use cell phones for their businesses.
Mavor Richards opened the public hearing.
Tim Lankins told people driving in cars and talking on cell phones has hit
him twice in crosswalks.
Rick Sullivan, AT&T, told Council wireless companies have been
following this issue. The state of Colorado presented a statute similar to
Ordinance #53 and the state turned it down. The highway patrol has
testified against cell phone bans and has stated that inattentive driving
should be enforced. Sullivan said they feel this ordinance is discriminatory
against wireless users versus bad drivers. Sullivan said the wireless
companies need to educate the public to all the new technologies that will
be in automobiles in the future. The state of Colorado allows a computer
in a vehicle.
Sullivan entered into the record the New England Journal of Medical
February 13, 1997; Effects of cellular telephone use on driver behavior by
the California Highway Patrol; two graphs one from Prevention Magazine
on auto safety and one by Minnesota Department of public safety; AEI
Brookings economics of regulating cellular phones in vehicles;
Investigation of the safety implications of wireless communications in
vehicles; and state statutes on traffic offenses in Colorado.
Sullivan said the industry is taking time to study this issue and is
committed to an on-going education program to address all forms of
vehicle distraction. Sullivan said they would like to work in concert with
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Regular Meeting Aspen City Council December 13, 1999
the city. Sullivan said there are existing laws that can take care of bad
drivers. Sullivan said the industry is willing to support and contribute to
an education program in Aspen. Mayor Richards said cell phones have
been around for years and questioned why an education program about
driving and talking has not already started.
Susan Capiel Collin told Council many people have phones for safety
reasons. Ms. Collin said she, too, is willing to help with an educational
program with AT&T and/or with the city. Bonnie Pell-Peterson, US West,
told Council industry providers are interested in working with the city on
an educational program. Ms. Peterson submitted articles from the Denver
papers on the state legislation that failed last year.
Tim Anderson said current laws indicate that one should be paying
attention while driving. Aspen has a higher percentage of cell phone users.
Anderson said driving is a privilege. This ordinance does not take away
anyone's right to make a phone call. This ordinance will help raise
people's awareness about safety issue. David Schoenberger said this
ordinance reflects the community's desire for people to drive more safely;
however, this ordinance may be a negative thing for this community.
Andrew Kole agreed this is not good publicity for Aspen. Ed Early agreed
this ordinance will make Aspen look foolish. Toni Kronberg said using
cell phones while driving is hazardous. Jennifer Snook stated she is
opposed to ban on cell phone and the studies indicate that the distraction is
actually talking; passengers could also be distracting.
Mayor Richards closed the public hearing.
Mayor Richards said the city manager's office received phone calls in
support of the ban on cell phones from Barry Rosenfield. Kravitz, Bob
Krueger, Henry Goldsmith, and George Detko; Scott Davidson called to
say he is opposed to passage of this ordinance. Councilman Paulson noted
this ordinance does not ban cell phones in vehicles, only that one has to
have two hands on the wheel while talking on a cell phone.
Mayor Richards said a majority of laws are to be self-policing. Public
safety is a difficult issue for Council; what is the value of one life, the
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Regular Meeting Aspen City Council December 13, 1999
issue of personal freedom, and the safety issues. Mayor Richards said
there is an option to have a "hands free" adapter to a cell phone. Mayor
Richards there are currently laws against inattentive driving. Mayor
Richards suggested Council table this ordinance in order to begin a public
information campaign to see if there is an improvement in driving and
talking; to work with wireless providers on the public information
campaign.
Councilman Hershey agreed public awareness of this issue is good.
Councilman Hershey said he has problems legislating good behavior.
Councilman McCabe said he sees no mechanism to measure the problem
now and in 6 months. Councilman McCabe agreed education on this issue
is necessary. Councilman Paulson said he would like to see this ordinance
passed as there could be lives at stake. Councilman Paulson agreed
enforceability is an issue.
Councilman Markalunas said Council cannot legislate responsibility.
Councilman Markalunas noted automobiles kill more people than guns.
Councilman Markalnnas said personal rights are at the crux of this issue;
however rights are a privilege and should not be an imposition on someone
else's rights
Mayor Richards moved to continue Ordinance #53. Series of 1999, until
the second meeting in May 2000 and to instruct the police and
transportation departments to work with representatives from the cellular
phone industry to devise and implement an educational campaign; seconded
by Councilman Hershey. Roll call vote; Councilmembers Markalunas.
yes; Paulson, no; Hershey, yes; McCabe, no: Mayor Richards, yes.
Motion carried.
RESOLUTION #118, SERIES OF 1999 - Petrick Annexation
John Worcester. city attorney, showed the area proposed to be annexed;
this property is contiguous with city boundaries. The annexation hearing
was properly noticed. Worcester told Council if this resolution is
approved, the next step in annexation is an ordinance. The staff will also
look at zoning that would be appropriate for this parcel. Worcester said
there is a single-family house on this parcel, which the owner would like to
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Reeular Meeting Aspen City Council December 13, 1999
turn into a duplex. This area is very large and steep. Staff proposes to
enter into an agreemem with the property owner not to subdivide the
parcel. Mayor Richards asked if there would be any affordable housing
requirements. Mayor Richards said she would like an analysis of what can
be built, Council does not usually approve an annexation for an upzoning.
Mayor Richards opened the public hearing. There were no commems.
Mayor Richards closed the public hearing.
Councilman Paulson moved to approve Resolution #118, Series of 1999,
Petrick annexation; seconded by Councilman McCabe.
Councilman Markalnnas said he has concerns about development on slopes
that are not suitable for development. Councilman Markalunas said he
would like to see the city protect development on this site. Worcester said
the owners will have ro enter into a pre-annexation agreement restricting
that lot.
All in favor, motion carried.
RESOLUTION #114, SERIES OF 1999 - Supporting U. S. Population
Stabilization
Councilman Paulson said he would like the resolution ro be amended to
state the population figure should be stabilized at 325 million. Councilman
Paulson said the United States will be a country of 1/2 billion citizens within
our children's lifetime if something is not done about population growth
Councilman Paulson said 49 years ago the population in the US was 153
million and the population has grown 125 million in that 49 years.
Councilman Paulson noted the increase in population is infringing on
people's enjoyment of many things.
Councilman Paulson said he would support ~75,000 all-inclusive level of
legal immigration per year. Mayor Richards said she would like
documentation on the 175.000 number and she would be willing to go with
that number.
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Regular Meeting Aspen City Council December 13, 1999
Councilman Paulson moved to adopt Resolution #114, Series of 1999, -
Amending it by adding "excessive" to the 8~ whereas "excessive
population growth is unsustainable" and add to the end of the whereas, "at
best at about 325,000,000; adding to the 10t~ whereas "the dignity of
human life is enhanced and protected"; adding to the Now. therefore be it
resolved section (2) be a return to traditional replacement levels of legal
immigration, approximately 175,000 all inclusive, and a new (3) requiring
equitable wages and benefits for workers and community environmental
protections to be a part of all free trade agreements, and renumber 3 to (4);
seconded by Councilman Hershey. All in favor, motion carried.
RESOLUTION #119, SERIES OF 1999 - Endorsing Preferred
Alternative Entrance to Aspen
Randy Ready, assistant city manager, told Council 3 whereas clauses hav~
been added since Council last saw this resolution. One clause has to do
with Council's support for the TRANS referendum: the second addition
acknowledges and appreciates the transportation commission's approval of
an agreement to repay the EOTC for 75 percent of the roundabout; and
finally outlining the benefits of the new highway alignment.
Councilman McCabe said he is concerned about the term "preferred
alternative" and would like "record of decision" used. John Worcester,
city attorney, said the record of decision talks about preferred alternative,
which talks about a highway component and a transit component. The
transit component talks about a light rail system if there is funding and if
the city consents to it. If there is no funding or desire to build a light rail,
there is environmental clearance to build a busway until a train can be
built. Councilman Markalunas suggested amending the resolution to add,
"the preferred alternative is a combination of highway and intersection
improvements, a transit system, and an incremental transportation
management program...The transit component includes an LRT system
that. if local support and/or funding are not available will be developed
initially as exclusive bus lanes."
Councilman Hershey moved to adopt Resolution #119, Series of !999,
amending it by adding the above description of the preferred alternative;
seconded by Councilman Markalunas.
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Regular Meeting Aspen City Council December 13, 1999
Councilman Paulson said he does not support a highway system; these
have not worked anywhere else. Councilman Paulson said he feels bus
systems are also inadequate.
Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Markalunas,
yes; Paulson, no; Mayor Richards, yes. Motion carried.
Council scheduled work sessions on Bass Park, January 11m at 4p.m.; on
Aspen Mountain drainage plan February 7t~ at 5 p.m.; on floor area ratios
with HPC and P & Z February 22 at 4 p.m.
Councilman Markalunas moved to adjourn at 9:45 p.m.: seconded by
Councilman Hershey. All in favor, motion carried.
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