Loading...
HomeMy WebLinkAboutminutes.council.19750113The meeting was called to order at 5:15 p.m. by Mayor Standley with Councilmembers Behrendt, Breasted, DeGregorio, Markalunas, Pedersen, Walls, City Manager Mahoney and City Attorney Stuller in attendance° MINUTES Councilwoman Pedersen moved to approve the minutes of the December 23, 1974, regular Minutes meeting; seconded by Councilman Walls. Ail in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Pedersen moved to approve the December, 1974 accounts payable; seconded Accounts by Councilman Walls. Payable Councilman DeGregorio questioned Finance Director Don Rogers on number 130, to the Pomegranate Inn for travel expenses. Rogers told Council that item was a payment for a cocktail parby for the Colorado Chiefs of Police Convention held at the Pomegranate. Ail in favor, motion carried. CITIZEN PARTICIPATION 1. Ted Singelos, Co-Director of Winterskol, was presen~ to ask Council's permission Winterskol to use the city owned land below the Hotel Jerome for a motocross as well as the Bonfire and tug-of-war for Winterskol and also for permission to have a bon fire in Wagner Park. Motocross Councilman DeGregorio asked Singelos what about the burned grass or the damage to the grass. Councilman Behrendt suggested the City Attorney provide the City with safe- guards on both Wagner Park grass and the Rio Grande property. Councilman Behrendt made a motion to grant the Winterskol Committee permission to use the land (Rio Grande Property) and the right to use Wagner Park with the okay of ~he fire chief; seconded by Councilman DeGregorio. City Attorney Stutler asked Singelos if money were to be escrowed for damages to the turf. Singelos said he would be responsible for cleaning up the park after the bon fire. City Attorney Stuller mentioned the Department Recreation is concerned about the sod. Councilman Breasted asked Singelos if they had asked the County for permissi. to use the park since it was their land. Singelos said he wanted the City's okay first. Singelos told Council that the Winterskol Committee had insurance for these programs. City Attorney Stuller told him ~o name the City Es co-insuree. A question was called. All in favor with the exception of Councilwoman Markalunas and Mayor Standley. Councilwoman Markalunas said she could not go with the idea of a bonfire in Wagner Park. Motion carried. Pam Erker, also Co-Director of Winterskol, extended an invitation to Council for the Obstacle wine tasting party at Don Giovanni's and to remind Council that Vail will be here Course Saturday, January 18, at 2:30 to compete against the Council. 2. Kay Cheek of Molterer Sports and owner of the Cooper Building appeared before Molterer Council and submitted a letter from herself and other store owners on behalf of the Sports Awning Molterer Sports awning. Councilman Behrendt asked Mrs. Cheek what she wanted of Council. She said she was trying to defend her awnzng, that she didn't think it was doing damage to anyone's business. COUNCI~4EMBER COMMENTS 1. Councilwoman Pedersen said she had had several calls from members of the Funds Raised community asking how much the City had received from the Midas Muffler Contest for for Ambulance the ambulance. Mayor Standley confirmed the amount was between $5,000 and $7,000 and the City would have a check at the end of this week. 2. Councilman Walls requested that all items on the agenda have to be in the packet Agenda Packet when it goes out ~o the councilmembers on Thursday. Anything on the agenda that has material, if it is not in the packet then will not be discussed at Council. 3. Councilman Walls also stated that any liquor licenses in town that are changing Use Changes their use from what was put on the application will have to come before Council for for Liq. Lic. approval before they are allowed to go ahead with the change. 4. Councilman Breasted wished to clarify the question of the enforcement of the Sousing Code housing code. Councilman Behrendt said he thought from memos he had received that the City was going to start methodically enforcing the codes in a reasonable manner. Councilman Breasted pointed out the majority of the Council felt that this was untimel Mayor Standley read the motion in reference ~ the enforcement of codes from the November 11, 1974, Council Meeting. Mayor Standley told the Council if the Council and City were to start enforcing the code, we should first get City-owned buildings, e.g., City Hall, Wheeler Opera House up to code. Mayor Stnadley also pointed out that the enforcement of codes ought to start in the commercial core because mhis deals directly with safety and enforces the codes where there is a aproblem of capa- city. Councilwoman Markalunas stated that the reason the West side was brought up specifically was that the Building Department and City Manager's office had had' letters from the West side requesting enforcement of the various safety ordinances that the City has on the books. Councilwoman Markalunas pointed out that people ought to get a civil answer from the City when they called with complaints about specific problems. City Manager Mahoney said he had asked the Building Department for a schedule of enforcement on the west end of the R-6 zone. Housing Code City Manager read a letter he sent to the Bill Dunaway, Editor of the Aspen Times. Cont'd It is generally recognized that a society governed by laws properly legislated with constitutional safeguards is superior to one governed by the whims of man. The Aspen City Charter provides this Home Rule City the mechanics by which Aspen may establish laws. The ordinance procedure is specific; before a law is enacted, and ordinance must have a majority of the Council's approval at two meetings. One meeting is a public hearing which requires that the public be notified. Our laws thus take time to enact and are publicly debated. Your editorial discusses the frustration that I freely admit exists in administrating the myriad of laws we have in Aspen. I cannot recall;however, that in our frustrations over parking, dogs, traffic, marijuana, etc. this administration ever based the enforcement effort on whether the law was a good law or not. Having to be necessarily pragmatic, we must balance funds, manpower and the degree of consequence to the degree to which we enforce our laws. What you described in your editorial admittedly was a clear consensus, I'm referring to this motion, of the attitude of Council on enforcing our zoning ordinance. The majority, not by ordinance but by straw vote indicated to me their preference not to enforce a portion of the zoning law. The City Attorney informed me that when a citizen requests that I enforce a law, I have no option. If not, a court order may be obtained requiring that I do so. Certainly a Councilmember has the same recourse. If a law is noxious, let's refute it by legislation or better yet, let's take care and not pass them in the first place. But not by straw vote indicate whether we particularly like them or not. This past week, in an emotional declaration, a member of your staff, I'm referring to the newspaper, advocated for the historic preservation district. I pointed out at the time a request I had to enforce a transgression of that ordinance to wit that the color of a window trim was aluminum and must be changed. This ordinance was passed and we will now attempt to keep the colors of new window trim in the historical district correct. Yours truly, FRUSTRATED Mayor Standley affirmed the City should enforce the safety ®rdinances in a logical sequence, to go where the problems are going to occur in the more crowded public buildings and commercial core. Councilman Behrendt said he thought the City would start this enforcement sometime late in January and starting in the West end at this time would disrupt the least amount of people. Councilman Breasted made a motion to put this question on the agenda. There was no second, motion dies. Councilman Walls asked what the City was going to do about the complaints from the West end. Mayor Standley suggested handling the complaints on a complaint basis. Councilwoman Markalunas stated she felt it was rather hypocritical for the City to have ordinances on the books and not to enforce them. Councilman Breasted made a motion to have the City Attorney draw up an ordinance to repeal the housing code. There was no second, motion dies. Councilwoman Pedersen pointed out the 80 percent of government is service to people who live in the corm~unity. Not following through on complaints from citizens is an extreme disservice to those people. Councilwoman Pedersen also stated that she did not buy the monitoring housekeeping approach ko the whole question. Places that are in desperate need of enforcement are well known in this community and door-to-door convassing is not the answer.. Councilman Walls asked City Manager Mahoney if the occupancy loads drawn up by the Fire Marshall were meant to be enforced. Mahoney answered yes. Chief of Police Martin Hershey said the Police Department had been checking occupancy loads but had seen nothing abnormal. Councilwoman Markalunas stated she knew that nu_mberous complaints, both written and phoned, have been received by the Building Department about code violations and the Building Department is aware of most of the problems. The Building Depart- ment should have established and carried through on these violations and not let them build up. Vans 5. Councilman DeGregorio noted there seems to be a lot of people driving into town in large vans and sleeping in them. The City should be doing something about this~ or at least renting them spaces in the parking lot. Chief Hershey stated there was an ordinance against this and the Police Department had been ~elling people to more their vans. There seems to be a problem with ~his in the west end. Personalize( 6. Councilman DeGregorio mentioned the personalized license plates again. City Lic. Plates Manager Mahoney said he would write State Representative Nancy Dick reference this. 7. Mayor Standley told Council Chief of Police Hershey wished an executive session with the Council at 7 p.m. on Tuesday, January 14, 1975. Jim Marka- 8. Mayor Standley wished to commend Jim Markalunas, head of the Water Department, lunas on his annual report of the Water Department. The report includes what went on Commendatio~ in the water plant, what was done ~n 1974 and what needs to be done. Mayor Standley appreciated it and said he thought Jim Markalunas had done an outstanding job. RESOLUTION ~ 2, SERIES OF 1974, AMBULANCE CONTRACT Res. ~2,1975 Finance Director pon Rogers said the Qity and.th? county had both agreed to finance the ambulance. This contract is a good contract considering all the restraints we Res.#2, 1975 had to deal with, there are some safeguards in lt. Mayor Standley said he didn't Cont'd think it is a very good contract nor did it give us enough safeguards. There is a blanket assumption that we will be subsidizing ~he ambulance the rest of our lives. Don Rogers mentioned that our por~ion of the expense had been lowered and we would be getting monthly reports from the hospital with regard to expenses. Councilman Breasted said we have to live with operating the ambulance service for a year. The community has got to have an ambulance and somebody has to pay for it. Councilwoman Markalunas pointed out this was a situation where all three are really public support type institutions and no one is going to make money on it. It is a service that has to be performed and on that confidence we should go with it. Councilwoman ~Pedersen mov ,ed to,read .~Resolutton '#2, se¢onde4 by~.,Counc~lw~ma~-Marka~unas, Ail in '~avor, motion carried. ~ ~ ~ ,Councilm~n~.~atls<~me~i~n~t~Couacf~th~t b~f~e ~e~t..yea~'.s~ontrac~comeS~p~-<~he City ou~h~tQ investigate expanding the service to the mountain areas as it is rather silly to have two ambulance services going in this town. Mayor Standley asked Councilwoman Pedersen if she felt this contract was the best we can have right now. Councilwoman Pedersen said she feels it spells out exactly who has what responsibility. There has been a good understanding worked out between all parties, the City, the County and the hospital. Right now the City had better decide if they want to furnish ambulance to the community~ O~herwise let's just dump it and tell people to get themsevles to the Aspen Valley Hospital. There is no way to have a profitable ambulance in a community of this size. RESOLUTION a 2, SERIES OF 1975 WHEREAS, the Aspen City Council wishes to join with the Pitkin County Commissioners, and the Aspen Valley Hospital Board of Trustees, to arrange for the maintenance and operation of an ambulance service, and WHEREAS, a mutually agreeable arrangement has been arrived at, and the City Council wishes to approve the same, and WHEREAS, Section 13.5 of the Aspen Charter requires that all cooperative contracts between the City and other governmental units or special districts be ratified by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the joint agreement for provision o~ ambulance service attached hereto and incorporated by this reference, be and hereby is approved and accepted bythe City of Aspen. 2. That Mayor Stacy Standley III be and hereby is authorized to execute the same on behalf of the City of Aspen as of the date of this resolution. was read by t~ City'Clerk. Councilwoman Pedersen made a motion to adopt Resolution ~2, Series of 1975; seconded by Councilwoman Markalunas. All in favor. Motion carried. PARAGON BALLROOM Paragon Ballroom Attorney Spencer S~hiffer appeared with Ted Koutsoubos of the Paragon Enterprises. Schiffer wanted to address Council's concerns and asked for the opportunity to let citizens address Council. Mayor Standley told Schiffer this was not a public hearing; that the problem had to do with past management practices and with the mlsreprentation of the use to the Council. Can Ted Koutsoubos satisfy the Council that he is going to what we want him to do. This is an issue of how the use evolved. Councilman Walls reaffirmed that his objection to the discotheque was based solely on the misuse of the liquor license application. The use was represented as an Oyster Bar, period. Either the City Council has control in regard to liquor ~utlets or they don't. Schiffer told the Council that they had searched the P & Z minutes and Council minutes and could not find mention of a promise not to have a discotheque. Councilman Breasted moved to approve the use as a discotheque ~n the Paragon Ballroom; seconded by Councilman Behrendt. Mayor Standley said he would like to see some restraints put on that use approval. Ted Koutsoubos told the Council he was planning to have the best possible professional people available to run the place and would try to maintain a business that would be an asset to the community. Koutsoubos stated to Council he felt he would be in the eye of the Council, that Council had the sole discretion to revoke,to suspend the license at any time. He is convinced that under those circumstances, he will run a responsible operation. Mayor Standley said he would like one of the conditions on this use to be that the Council would examine the operation at the end of the season with regard to police record, outside complaints, etc. Councilman Breasted asked if we could make it a condition that Koutsoubos agree to buy or lease the upstairs units. Mayor Standley wanted a condition to be to have a doorman on a~ all times, both to check identification and for the occupancy load. Councilman Behrendt called a question, to approve the discotheque use with conditons: (1) Koutsoubos is to carry throught with agreement to lease or purchase units upstairs, (2) doorman is to be on all times discotheque is in operation (after 9p~m.) and (3) the occupancy limitations are 5o be adhered to. All in favor with the exception of Councilman Walls. Motion carried. Incredible INCREDIBLE E~IBLES Edibles Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing and continued the matter %o January 27, 1975. Minibus MINIBUS REPORT Report Transportation Director~Dick Parker reported to Council~tha% a ~e-sc~d~ling had just occurred including suggestions from the bus drivers themselves and that this route looked like the best so far. Five of the buses were here and aside from some mechanical problems that were not insurmountable, everything was moving along. The bus barns are finally finished so that the buses can be completed and beautified. Parker told Council that the schedules were difficult to arrive at due to traffic problems, safety problems and the restrictions of the budget. Parker said originally that the bus drivers were told to stop only at the bus stops provided by the City. This hadn't worked out as. well as anticipated. The minibuses are intended to become the prime movers of people in this town and the prime consideration of making the automobile unnecessary. The new policy will be for the minibuses to stop on demand. Parker said there were three loops running and the buses were carrying over 1,000 a da~ Parker fully intends to create a parking shuttle from the parking lot through town. Counclwoman Markalunas stated there were over 400 employee cars parked inthe downtown area and we should start with the employee incentive to park in the parking lot. Councilman Breasted had a suggestion that the east end route might be better as a direct route to Silver King. That in a town so small the bus could go directly from one place to Silver King. Parker told Council there were too many problems to run an airport schuttle, such as no accomodations for luggage, leaving people in the middle of town to carry their luggage to their ultimate destination. The limosine service and taxi company are moving the people out of the airport fairly well. Parker brought up advertising inside the buses and said he felt this could earn up to $10,000 a year. Parker asked Council what they wanted to name the transportation system. Councilwoman Markalunas moved that the names not get "kooky" or too far out. There was no second, motion dies. Councilman Breasted said he felt the same as Councilwoman Markalunas and would like to move that the bus have no name on them except "City of Aspen Bus". Seconded by Councilman Walls. Councilmembers Walls, Markalunas, Breasted for; Councilmembers Behrendt, Pedersen, DeGregorio and Mayor Standley against. Motion NOT carried. City Attorney Stuller opinioned that there should be a prohibition against political advertising in the buses. Councilman Breasted asked that Jon Busch's critique of the bus system in the ~spen TODAY be included in the record. WHEN I BOTHERED TO ~AIT FOR THE BUS One thing nice about living in a rather compact town is that it is never impossib~ to walk home. Once in a while, though, some kind of transportation other than foot power is welcome. The other night during the really heavy snowfall when loaded down with packages from the P.O. and groceries from the market, Aspen's new minibuses would have been a blessing. I waited for 20 minutes at S~ring and Cooper (%ill 6) and ended up walking again. Aspen's bus system does not yet work and it never has Worked. It's a bold state- ment--and it's a true statement if one considers the city's projected per passenger operating cost as has been released inthe past. With all due respect to Dick Parker, Aspen's new transportation director, I must say that I don't think his beginning looks very auspicious. However, not wanting to be the ususal Aspen complainer, let me offer some suggestions that might make the system work better. For a public transportation system to really work, several basics come into play. One must encourage use of the public conveyance and at the same time discourage use of private vehicles. Aspen seemingly is not ready to take the latter step, for little has been done here beyond two hour downtown parking limits. Sad to say, little has been done to this point, to encourage people to use the public system either--beyond the fact of offerring it free, that is. The ma~or consideration is making a public transportation systeming function well is that it must be convenient. The Silver King Shuttle operates every 20 minutes between 7:30 a.m. and 6 p.m. Here is the beginning of convenience. Fortunately or unfortunately, as the case may be, most people along the route of East Aspen (Silver King) Shuttle can walk home in about 20 minuts. So, every time you wait for the bus, you gamble on whether you just missed it and therefore can walk home just as fast, or that it might be by in ~ minute~ Well, without further elaboration, I think you can see the ~oint. It is just one of several that crossed my mind on those few situations when I bothered to wait for the bus. Here then, Aspen, is a list of suggestlons which I feel could make getting around town without a car convenient, efficient and practical. They will be specific. It is not enough simply to know that buses run every 20 minutes to East Aspen and every hour ~o West Aspen. Every key location should have a specific time that buses pass. These locations for East Aspen should be Spring and Cooper (near the Post Office and City Market), Mill and Main (next to the Hotel Jermoe), The Silver King Apartments (our highest density living area), and Park Avenue and Highway 82 (the farthest point east on the route). From these points any potential passenger can calculate when the bus would pass his stop. In addition, and most especially since Aspen is a tourist community, these locations should have printed schedules posted along with route maps~ I realize that this was tried in ~e past. It was done with paper printed schedul~ on a small weather-protected bulletin board. Transportation Director Parker said that Minibus they were impossible to keep posted because people take them. These s~gns should be Report made from metal just like any other roadside indicator markers. Cont'd West Aspen timetable schedules should be indicated and posted at Mill and Hopkins (downtown location), Spring and Cooper (City Market), Ruby Park (our transportation center), Third and Main, Seventh and Main, and Snowbunny (end of line). Printed schedules should be maximumally convenient. They should be printed pocket size and should include map routes. They should be av£1able everywhere and most especially on the buses. Buses should be very clearly marked as to route. Here there should be a totally coordinated effort that would include ski, Snowmass, and down-valley buses. In addition to clear signs posted on the bus or in the front window, each route should be color code In older times, trains and electric railways used colored flags to note special trains. This would be a good system to employ here. For example, HighLands buses might be the "blue route." Each side of the bus at the fron wo~ld have small blue flags (which could be changed for the appropriate route). East Aspen might have red flags, West Aspen yellow, Snowmass white, etc. Aside from making buses more readily identifiable and at a greater distance, it would add~a festive atmosphere to the system and the town. Returning now to the lesson of City Market the other night, buses should run later at night. If they stop at 6 p.m., ~t is too soon. Many people in Aspen have only recently got off work and, if they have shopping to do (the 6 o'clock lines at the grocery stores are rather traumatic), they might as well forget trying to use the bus. Not only should they run regularly until 6:30 or 7, but service should be extended into the later evening hours on a less frequent basis. City buses should run around 8 p.m. and 11 p.m. for the movie crowd, and around 1 a.m. for the bar crowd. Financially, this could be implemented at minimal expense with the cooperation of Snowmass by having bus drivers made one city run between Snowmass runs. All buses operating in the Aspen area should be local runs. That means that Snowmass and down valley buses would stop in West Aspen or at the Pomegranate Inn, the HOliday Inn, the airport, perhaps Snowmass, the Highlands, and others do carry local passengers, and if they do, most certainly it should be publicized. The City bus schedule should include schedules for ALL buses serving the Aspen area and before thinking of it as a problem, let me mention that the schedules could be made in an accordian-folded style and still be pocket sizs. Aspen's new minibuses are all equiped with eight-track tape units. Music is one thing that can be pleasing to passengers. Any other thing that can be done for passenger comfort should be explored. Night buses in the city should also probably have lighted interiors. Thsi would primarily be for easier i~entification by potential passengers more than those already riding. Adjunctive to this idea of ~ransporting people, we should expand the concept of the "Thumbing Stations." Currently, the ma3or thumbing station is in front of the Aspen Cortina a~ Main and Monarch. For convenience of motorists -wishing to g~ve a lift, this station should be expanded and~divided into two. Under one sign should be the words, "West Aspen" and "Snowbunny"--under the other sign should be "Snowmass" and "Down Valley." People who are looking for a ride down-valley would then stand at that station, etc. Another thumbing station should be placed on the corner of Main and Seventh for Snowbunny and down-valley. Thumbing stations should be placed at Mill and Main. Here, too, it'should be divided, one section for "Red Mountain" and "Pitkin Green," the other for "Silver King" and "Smuggler." The final thumbing station should be placed at Original and Cooper. It could be a single station but should bear the sign "East Aspen" and "Mountain Valley." TUis project would greatly facilitate non-dependence on the private auto and make thumbing much easler, too. Motorists so often do not give rides simply because they are only going a short way. It's a way to expedite getting the right people together. In the case of two of ~he thumbing stations, they would also be major bus stops. This would make it even easier to leave the car at home. A third station could be involved (that of Monarch and Main) by a minor re-routin? of the West Aspen route. These are suggestions, I think that they coul~ have a significant effect on public transportation in the Aspen area. They are no~ meant as criticism of Dick Parker and the transportation department. Aspen is still experimenting with public transportation and hopefully some of these ideas may have enough merit to be tried. That's it. The flag is raised. Now let's see if it flies. Next week is Christmas and the staff of this paper is planning a short respite on Friday. So here's wishing you and yours the happiest holiday and I'll be with yau agaln a week from Friday. --Jon Busch Jon Busch was present to give some of his suggestions for improving the bus system to Council such as moving the route one block closer to town, actually using the Mill Street Station as a bus waiting stop and incorporating hitch-hiking stations with the bus stops. AIR QUALITY MONITORING ~ir Quality ~onitor~ng Jim Roark, ?itkin County Sanitarian, introduced Wayne May and Alan Stewart of the State Department of Envlronmental Health to the Council. Mr. Stewart had prepared a statement on pollution in high altitudes, what programs were available and what could be done .to abate pollution. The State is soliciting financial support for the development of a data acquisition program upon which air quality control strategies can be based. The air quality in mountainous areas is more fragile than in lower altitudes partly due to cold weather and the inversion factor. There has been found a direct correlation between mortality rates and the level of carbon monoxide in the atmosphere. Perhaps this might be an incentive to make people ride the bus and fight pollution. Mr. Stewart suggested having a 12 month contract with a qualified firm; a firm which has the expertise to evaluate existing air quality. A report such as this could give base lines to predict the conditions of the air as a function or the l~creases of development. Air Quality' Mr. Stewart pointed out an unexplored means of money and/or support might be the Monitoring Re~ion 12 of the Northwest Colorado Council of Governments, which region contains Cont'd most of the major ski areas. If all ski resorts were experiencing similar Pollution problems, perhaps they would want to work towards a solution together. The developers should be brought into this problem also. The developers should be willing to spend a few dollars now to investigate air quality and air quality monitoring than to have to curtail building when it is determined that it may be harmful to the air. Wayne May, State Meteorologist, said the main problem of communities in high altitudes is that we don't know the depth of inversion. He also stated that fireplaces had always been exempt from the list of pollutants. The effect of fireplace emissions on health has not been determined yet. Mayor Standley aske~ Mr. Stewart if Air Pollution Control ~ 3 could be redrafted for cities and counties to be included in their zoning regulations. Mr. Stewart indicated yes. Jim Roark is charged with finding out the pollution levels here. The County Commissioners had authorized him to get into a larger program and perhaps to bring the developers into it. The Commissioners directed Roark to work on the carbon monoxide monitoring. Roark was suggesting the City and County work together on this problem. Mayor Standley will be attending a NWCCOG meeting Saturday, January 18, with Commissioner Dwight Shellamn and Mayor Standley suggested taking it up with Dwight and the COG at that time. CITY MANAGER Study Ses- sion 1/22/7 City Manager Mahoney asked council for a study session on Wednesday, January 22 at 7 p.m. to discuss utilities; natural ga.s, acquiring Holy Cross, electric rates and Colorado-Ute. Ordinance ORDINANCE a 55, SERIES OF 1974 ~55, 1974 Mayor Standley opened the public hearing. There being no comments, Mayor Sta~dley closed the public hearing. Councilman Walls made a motion to read Ordinance ~ 55; seconded by Councilman Behrendt. All in favor, motion carried. AN ORDINANCE ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1975 EDITION, (EXCEPT THE APPENDIX); MAKING A GENERAL AMENDMENT THERETO; REQUIRING COMPLIANCE HEREWITH; PROVIDING FOR INSPECTION OF PREMISES SO AS TO ENFORCE THE SAME; PROVIDING GENERAL REQUIREMENTS FOR LIGHT, POWER OR HEATING INSTALLATIONS; GIVING GENERAL SPECIFICATIONS FOR INSTALLATINS; PROVIDING THAT PERMITS BE OBTAINED FOR WIRING ALTERATIONS AND ADDITIONS; PROVIDING THAT PERMITS BE OBTAINED FOR INSTALLATION AND APPLIANCES; ESTABLISHING A FEE SCHEDULE FOR THE ISSUANCE OF REQUIRED PERMITS; AND PROVIDING THAT NOTHING HEREIN SHALL BE CONSTRUED TO LESSEN THE RESPONSIBILITY OR LIABILITY OF ANY PERSON OWNING, OPERATING, CONTROLLING OR INSTALLING ANY ELECTRICAL EQUIPMENT. ~as read by title by the City Clerk. Councilman Walls moved to adopt Ordinance # 55, Series of 1974 on second reading. Seconded by Councilman Breasted. Roll call vote; Councilmembers Breasted, aye; DeGregorio, aye; Markalunas aye; Pedersen, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. Ordinance 967, 1974 ORDINANCE ~ 67, SERIES OF 1974 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Walls moved to read Ordinance a 67; seconded by Councilman Breasted. All in favor, motion carried. AN ORDINANCE ORDERING THE RETURN OF CERTAIN MONIES ESCROWED WITH THE CITY OF ASPEN FOR SIDEWALK IMPROVEMENTS PURSUANT TO THE REQUIREMENTS OF SECTION 19-101 OF THE MUNICIPAL CODE. was read by title by the City Clerk. Councilman Walls made a motion to adopt Ordinance a 67, Series of 1974 on second reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers DeGregorlo, aye; Markalunas, aye, Pedersen, aye, Walls, aye; Behrendt, aye; Breasted, aye; Mayor Standley, aye. All in favor, motion carried. Ordinance ORDINANCE a 68, SERIES OF 1974 968, 1974 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance a 68; seconded by Councilman DeGregorio. All in favor, motion carried. AN ORDINANCE AMENDING SECTION 12-29 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN CONCERNING BUSINESS LICENSING WHICH AMENDMENT ELIMINATES THE REQUIREMENT THAT A BUSINESS OCCUPY PREMISES WITHIN THE CITY BEFORE IT BECOMES SUBJECT TO THE LICENSING REQUIREMENTS OF ARTICLE II OF CHAPTER 12. was read by title by the City Clerk. Councilman Walls made a motion to adopt Ordinance a 68, Series of 1974 on second Ordinance ~68, reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers 1974 cont'd Markalunas, aye; Pedersen, aye; Walls, aye; Behrendt, aye; Breasted, aye, DeGregorio, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~ 69, SERIES OF 1974 Ordinance 69, 1974 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance a 69; seconded by Councilman Walls. All in favor, motion carried. AN ORDINANCE REPEALING AND RE-ENACTING SECTION 7-165 OF THE MUNICIPAL CODE CONCERNING ELECTRICAL INSPECTION FEES WHCIH AMENDMENT ADOPTS THE STATE SCHEDULE OF FEES AS REQUIRED BY COLORADO REVISED STATUTES SECTION 142-2-19, AS AMENDED. was read in title by the City Clerk. Councilman Walls moved to adopt Ordinance a 69, Series of 1974 on second reading; seconded by Councilwoman Pedersen. Roll Call vote; Councilmembers Pedersen, aye; Walls, aye; Behrendt, aye; Breasted, aye; DeGregorio, aye; Markalunas, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE ~ 1, SERIES OF 1975 Ordinance ~1, 1975 City Attorney Stuller explained to Council that this ordinance was requested by the City Manager so that the salary forthe Finance Director could be negotiated higher than that in existence in the present ordinance. Councilman Walls moved to read Ordinance a 1; seconded by Councilwoman Pedersen. All in favor , motion carried. AN ORDINanCE AMENDING CHAPTER 2 "ADMINISTRATION" OF THE ASPEN MUNICIAPL CODE BY THE ADDITION OF SECTION 2-92 THERETO; WHICH SECTION PROVIDES THAT IN THE EVENT A CANDIDATE FOR OR PERSON FILLING THE POSITION OF DIRECTOR OF FINANCE DEMONSTRATES CREDENTIALS, ABILITY OR EXPERIENCE MERITING A SALARY GREATER THAN THAT PROVIDED FOR IN SECTION 2-91, THE CITY COUNCIL MAY, ON RECOMMENDATION OF THE CITY MANAGER, AUTHORIZE COMPENSATION AT AN AMOUNT GREATER THAN THE MAXIMUM PAY GRADE AND POSITION _ CLASSIFICATION PROVIDED FOR IN SAID SECTION. was read in title by the City Clerk. Councilman Walls made a motion to adopt Ordinance ~ 1, Series of 1975; seconded by Councilwoman Pedersen. Roll call vote; Walls, aye; ~ehrendt, aye; Breasted, aye; DeGregorio, aye; Markalunas, aye; Pedersen,aye; Mayor Standley, aye. Motion carried. ORDINANCE ~ 2, SERIES OF 1975 Ordinance ~2, 1975 This ordinance was designed not to penalize people,with alarms whose alarms were false if the cause was not their fault, for telephone line error or mechanical failure. It is designed to put more controls and. restraints on PSI. Councilwoman Pedersen moved to read Ordinance ~ 2; seconded by Councilman Walls. All in favor, motion carried. AN ORDINANCE A~4ENDING SECTION 8%-11 of the ASPEN MUNICIPAL CODE CON- CERNING PERALTIES FOR REPORTING OF FALSE ALARMS; WHICH AMENDMENT ELIMINATES THE PENALTY FOR REPORTING OF FALSE ALARMS AND THE PROVISION PERMITTING A LIMITED NUMBER OF FALSE ALARMS EACH MONTH, BUT WHICH IMPOSES AN ASSESSMENT ON EACH PERSON, FIRM OR CORPORATION ~ JHicH, BY ITSELF, ITS EMPLOYEES, AGENTS, GUESTS OR INVITEES, NEGLIGENTLY CAUSES THE REPORTING OF A FALSE ALARM; SETTING THE ASSESSMENT AT TWENTY-FIVE ($25.00) DOLLARS FOR EACH SUCH ALARM; AND PROVIDING FOR THE REVOCATION OF ANY LICENSE ISSUED UNDER CHAPTER 8½ WHEN A FALSE ALA~ IS ATTRIBUTABLE TO THE INSTALLATION OF FAULTY OR INAPPROPRIATE EQUIPMENT BY THE LICENSEE ~CENTRAL OFFICE EMERGENCY ALARM SYSTEM) AND SAID LICENSEE FAILS TO IMMEDIATELY RECTIFY THE SAME. was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance ~ 2, Series of 1975 on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye; DeGregorio, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE t~ 3, SERIES OF 1975 Ordinance #3, 1975 City Attorney Stuller told Council this ordinance ms in response to the survey exchange and Mayor's Deed of December 23, 1974. Councilman walls moved to read Ordinance ~ 3; seconded by Councilwoman Pederseno All in favor, motion carried. AN ORDINANCE DECLARING THE ELBERT TACKER PROPERTY IN THE EAST ASPEN ADDITION CONFORMING WITH RESPECT TO THE STRUCTURAL IMPROVEMENTS THEREON AFFECTED BY THE CORRECTION OF THE PROPERTY DESCRIPTION APPROVED BY ~THE CITY COUNCIL OF THE CITY OF ASPEN ON DECEMBER 23, 1974. was read by title by the City Clerk. 0rd.93,1975 Councilwoman Pedersen moved to adopt Ordinance ~ 3, Series of 1975 on first reading; Cont'd seconded by Councilman Walls. Roll call vote; Councilmembers Breasted, aye; DeGregorio, aye; Markalunas, aye; Pedersen, aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. Res.~l,1975 RESOLUTION # 1, SERIES OF 1975 Councilwoman Markalunas moved to read Resolution # 1; seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION ~1 SERIES OF 1975 WHEREAS, SAMUEL J. CAUDILL has requested support from the Aspen City Council for his appointment as Wildlife Commissioner for District 1, Northwest Region of the Wildlife Commissioner Districts, and WHEREAS, the City Council wishes to endorse this appointment, to do so by resolution, and to direct the City Attorney to advise the Governor Elect of the enactment of the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That it does hereby endorse and support the appointment of S~4UEL J. CAUDILL as Wildlife Commissioner for District 1 of the Northwest Region of the Wildlife Commissioner Districts. 2. That the City Attorney so notify the Governor Elect of this endorsement by mailing a copy of this resolution to the Honorable Richard D. Lamm at her earliest convenience. was read by the City Attorney. Councilwoman Markalunas moved to adopt Resolution a 1, Series of 1975; seconded by Councilman Walls. All in favor, motion carried. Res.#3,197 RESOLUTION # 3, SERIES OF 1975 City Attorney Stuller explained San Juan Tours leased from the City the bus depo~ on North Spring Street. This lease is raising the rent to S75 a month and after December 14, 1975, becomes a 90 days notice termination in anticipation that the City may want to extend or widen Spring Street. Councilman Walls moved to read Resolution a 3; seconded by Councilwoman Markalunas. All in favor, motion carried. RESOLUTION ~3 SERIES OF L975 WHEREAS, the Administration has presented to City Council a proposed lease dated January 7, 1975, between the City of Aspen (Lessor), and San Juan Tours, INc., (Lessee), for the leasing of the site on which Ks located the Lessee's bus depot, and WHEREAS, the City Council wishes to ratify and approve the same and authorize execution of the agreement by the Mayor, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That it does hereby ratify and affirm the provisions of that lease agreement dated January 7, 1975, between the City of Aspen and San Juan Tours, Inc., incorporated herein by this reference. 2. That it does authorize by this resolution execution ~of this instrument by Stacy Standley III on behalf of the City of Aspen. was read by the City Attorney. Councilman Walls made a moiton to adopt Resolution ~3, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. Res.~4,197! RESOLUTION a 4, SERIES OF 1975 City Manager Mahoney told Couqc~l we needed $1,100 in the maintenance budget in order to put city-owned buildi~ in shape. We have men available through Manpower and CETA that we can have to.work on these buildings but we need a supplemental appropriation for this small maintenance. Councilman Walls moved to read Resolution ~4; seconded by Councilman DeGregorio. All in favor, motion carried. RESOLUTION ~4 SERIES OF 1975 WHEREAS, Section 9.12(d) of the Aspen Home Rule Charter provides that the City Council may, be resolution, transfer part or all ~f any unencumbered appropriation balance from one department, office, agency, or object to another, and WHEREAS, the City Manager has requested a transfer from the unappropriated revenues of the water enterprise fund so as to fund building maintenance needs, and WHEREAS, the City Council wishes to authorize this transfer of funds, NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL .OF THE CITY OF ASPEN, COLORADO: 1686 Regular Meeting Aspen City Council January 13, 1975 That it does hereby authorize the interdepartmental transfer Res.~4,1975 of One Thousand One Hundred ($1,100.00)Dollars from the Water Enterprise Fund to Building Maintenance, as follows: General Fund Appropriation Expense Revenue Increase Appropriation for Building Maintenance $1,100.00 Increase Authorized Transfer from Water Enterprise Fund $1,100.00 Water Enterprise Fund Increase Appropriation for Transfer to General Fund $1,100.00 Reduction in Unappropriated Revenues $1,100.00 Resulting in One Hundred Twenty-Nine Thousand Seven Hundred Five ($129,705.00) Dollars remaining in unappropriated revenues. was read by the City Attorney. Councilman Breasted moved to adopt Resolution a 4, Series of 1975; seconded by Councilman DeGregorio o Councilwoman Markalunas asked if these funds were from 1975 revenues. City Manager Mohoney told her that these funds were from the slush fund of 1975 revenues that is right out of the budget. All in favor, motion carried. ASPEN INN LIQUOR LICENSE VIOLATIOS' kspen Inn Liq. Lic. City Attorney Stuller recommended to Council that no reprimand was in order for the Iiolation Aspen Inn staying open without a liquor license on the premises on January i and January 2, 1975. Stuller was bringing this to the attention of Council because they are the local liquor license authorities. The violation was not of consequence to bring down a reprimand. Councilman DeGregorio moved that the Council follow City Attorney Stuller's recommenda- tion; seconded by Councilman Walls. All in favor, motion carried. Councilman Walls moved to adjourn the Council meeting at 8:20 p.m.; seconded by Councilman DeGregorio. All in favor, meeting adjourned. Kathryn S. Hauter, City Clerk