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Home My WebLink Aboutminutes.council.19730910Meeting was called to.order'by Mayor Stacy Standley at 5:10 p.m. with Council members Jenifer Pedersen, James Breasted, Ramona Markalunas, Jac~k Walls, Michael Behrendt, City Attorney Sandra Stuller andCity~Manager'~Russ..Campbell~ ~ ~ Councilwoman Pedersen moved to amend the minutes of August 27, 1973 to read VUte Cemetery" inutes rather than Ute Park under Council M~mber Comments and approve the minutes as amended and submitted by the City Cler'k. Seconded by Councilman Breasted. Allin favOr, motion carried. · Councilman Walls requested a brea'kdown from City Manager on payment ~o Arnold Construction Accounts Payable Councilwoman Pedersen~moved to approve the~a¢counts~payable as submitted. 'Seconded by~ Councilman Breasted. All in favor, motion carried. Mr. Michael Kinsley, member of Mall Commission, stated he did not £e~l the Ordinance Citizen prohibiting the playing of musical instruments.in the'Mall and Wagner Park is necessary Participation (Ord. #28, 1973). These businesses-~on'th~ Mall with entertainment would.not be affected until around 10:00 p,m. - ~ ~ ~' ~? ~ ~ . Attorney John Wendt was present to request permission to construct an awning over the sidewalk for a portion of~the Cooper~BUilding (Molterer,Sports). PropoSed sketchWas submitted. Representation from. Magic Pan'was present and objected since this addition would interfere~with.'their restaura~t~sign~and,'view of the restaurant. Councilman Pete DeGregorio arrived. ~ ~ ~ ' Council request the'two businesses work out an arrangement satisfactory to both parties-~ and re-submit the~reque~t ~t~the September 24th'meeting.' ~ ~ Historic Zoning, Pitkin County Courthouse. Mayor Standley opened ~he public hearing. Public Hearings Assistant Planner Fred Wooden was present~.and~reported a joint public hearing was held & Second by the Planning & Zoning Commission and the Historic Preservation Cormnittee- both recom- Readings mend Council approval of Ordinance #25, 1973. There being no further comments Mayor Standley closed the public hearing. Councilwoman Mar~kalunas moved to read, on second reading, Ord. #25, Series of 1973. Seconded by Councilman Walls. All in favor, motion carried. Ordinance #25, Series of 1973, AN ORDINANCE AMENDING THE ZONING DISTRICT'MAP OF THE CITY Ord.25 OF ASPEN, COLORADO, DATED ~PRIL 3, l~67~AS~BI~ENDED, DESIGNATING THE~PROPERTY KNOWN AS T~ PITKIN COUNTY COURTHOUSE AS AN H, HISTORIC OVERLAY DISTRICT, was read by the City Cler'k by title. Councilwoman Ma'rkalunas moved to adopt Ordinance #2~, 1973 on second reading. Seconded by~'Councilwoman Pedersen. Roll call vote: Councilmen Peder.sen aye; Breasted aye; Mar'kalunas aye; DeGregorio aye; Walls aye; Behrendt aye; Mayor Standley aye; Motion carri Ordinance #26, 1973 - Liquor. Mayor Standley openedl the public hearing. Mr~ John Spicer, Ord.26 President of the Aspen Li~uor ~sociation, was present and request Council table till Sept. 24th consideration on second reading of the ordinance to give the Associa~on time in which they could submit their input. Council stated their concern over a delsy if it is merely for drafting negative response to-the ord%nance. Mr. ~Spicer stated the association is basically in agreement with the ordinance. C~ty Managez request the association submit their proposals to-the City Attorney~or City Manager within one'week so they could be reviewed prior to Council consideration. Councilman DeGregorio moved to table consideration on 2nd reading of Ord. #26, 1973 until Sept. 24. Seconded by Councilwoman Markalunas. Ail in favor, motion carried. Ord. #27, Series of 1973 - Fire Code. Councilman Walls.read request from Aspen Architects Ord.27 Collaborative for a committee to be appointed by the Council consisting of 2 licensed architects, 2 class A con~ractors, 1 licensed ~ealtor and 1 building official as ex-offici member to review amendments and proposed-amendments to the~Uniform Building Code and any code relating to the construction of structures, p,mior to adoptiom by Council. Councilman Breaste.~ moved to .read~on.~second readingt~rd..#27, Series-of 1973. ~-Seconded by Councilwoman Pedersen. Ail in~favor~ motio~.carried~ Ord. #27, Series of 1973, AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1973 EDITION; AMENDING CERTAIN SECTIONS ~OF SAID~CODE; ~PROVIDING PENALTIES FOR VIOLATIONS OF THE UNIFORM FIRE CODE AND AMENDMENTS THERETO; REPEALING EXISTING ~SECTION OF CHAPTER 9 OF THE ASPEN MUNICIPAL CODE; PROVIDING FOR THE APPOINTMENT OF A FIRE MARSHALL AND THE PLACE- MENT OF THE FIRE MARSHALL AS AN EX OFFICIO MEMBER OF THE BOARD OF APPEALS AND EXAMINERS; AND DECLARING THE PROVISIONS OF THIS ORDINANCE TO BE SEVERABLE, was read by the City Cler'k by title. Councilman Breasted moved to ad,pt Ord. #27, 1973 on second reading. Seconded by Councilwoman Pedersen. Roll call vote - Councilman Behrendt aye; Walls aye; Markalunas aye; DeGregorio aye; Breasted aye; Pedersen aye; Mayor Standley aye. M~tion carried. Councilman Walls moved the City Council appoint.a special committ~e~c~n~ting ~.2. ~ licensed architects, 2 class A contractors, 1 l~censed realtor an~ · ouz£~ing to be an ex-officio member with the purpose to review the Uniform Building Code and codes sponsored by the Uniform Building Code so that they will comply with the City of Aspen nee s. Seconded by Councilwoman Markalunas. Council questioned who the committee would report to. It was reported they would make recommendations to the building inspector.. All in favor, motion'carried. City Manage~ City Manager reported the area proposed at the golf course would be east of t~e rugby field ~og Traini~ and south of the duc'k~ond~con~aining about an acre of land with acres off of Red Butte ~ites Road or dowr{ by the creek. Question was raised as to interference with duc'ks and geese on the pond. Mr. Ed Compton stated the area was way too large for obedience training and the ~ogs would interfere with the duc'ks and geese. Field training requires a large area but there is no need in this area. Mr..Compton stated he has used Paepcke Park in-the past with no problem Councilman Breasted moved to approve Paepcke Par'k for proper formal obedience dog training classes. Seconded by Councilman DeGregorio. City Manager reported Parks and Recreation Director Armstrong suggests Mr. Compton come under the recreation program. ~his approval would set a precident for ~onductingoprivate business on City property. Ail in favor, motion carrfed. Shuttle Bus s City Manager submitted to Coun~{~ memo of recommendation ~r the purchase of 2 electric buses. Reported 2289 people Utilized the present buses the last week in August. Feel the number of passengers would double'with more~attractive equfpment than at present and with better publicity. Recommend the purchase ~f 2 buses and put the program out on a manage- ment contract. Route proposed would be the same as the existin~ rou~e and present buses to continue until the new buses arrive. Electrfc buses are non-polluting and would give the City an edge.toward.what.is happening.in the field of transportation. Mr. Campbell outlined other ci~ies who have electric buses in existence and/or are buying same. Mayor Standley questioned if performance gumrantees came with the buses, i.e., performance of batteries in co%d weather, high altitudes and dryness of weather. Also qhestioned'if a lease arrangement~were a~ailable. Manager Campbell reported the contract would be a lease - purch~s~ contract. Councilwoman Pedersen reported she had talked to ~. Flume this date and questioned why Council was not informed of his arrival in Aspen in July or August and of the in~itation to view the bus while on demonstration in Denver ~ecently. Mr. Flume is willing to~ tal'k with Council and bring the bus to A~pen.' Mr. John Spicer questioned if the City were keyed up to handle the maintenance, charging of batteries, etc. Councilman Breasted stated his concern of spending ~70,000 'fdr the p~rchase of only 2 buses when the City is already keyed up to handle conventional equipment and the purchase of same would be much less. Manager Campbell re~orted the management contradt would include maintenance and it is not necessary to keep the buses in a garage facility. Councilman Behrendt stated his concern over spending $100,000 bn an experiment~. Does not feel 2 buses will make a dent in the demand during the winter season. Feel figures submitted at this time are too loose for Council to make a decision. Council needs break- down on operational costs which would include~the hours of operat%on,' cost per mile, etc. Manager Campbell stated until we have approval on t~e buses, we cannot negotiate. Ski Corporation will meet with the City on the 24th to discuss their transportation plans for the coming season. Manager Campbell questioned coUnci% as 't'o Whe~ther they wanted a s~dttle system at all. Councilman Breasted ~uestioned the p~oposed system to move slot of p~ople. Suggestion was made the City gradually work into the transit problem, rather than making ~ large capital investment at this time. Councilman D. eGregorio suggest Mr. Flume be invited to meet with Council to answer questions of gumrantees, operational cost figures, etc. Councilmembers Pedersen and Behrendt request permission to investigate other proposals and/ or alternatives; permission gr~nted. Councilwoman Markalunas suggest alternatives be submitted so Council can make comparisons. Mayor Standley suggest buses begin each day at 7:30 so that school Children can utilize the system. Manager Campbell questioned Council as to whether they desired to continue with present buses - contract expires Sept. 30th. Councilwoman Pedersen moved thJt ~the City continue with one bus at the termination of the contract and work it out until it can be replaced with something of the City's or wor'ked out with the Ski Corps. Seconded by Councilman Behrendt. Aye votes: Conncilmen Pedersen, Walls, and Behrendt. Nay votes: Councilmen Markalunas, Breasted, DeGregorio, Mayor Standley; motion failed. Councilman Breasted moved the City continue with 2 buses until they are replaced by buses owned by the City. Seconded by Councilman Walls.~ Aye Votes: Breasted, Walis~, Mayor Standley. Nay votes: Markalunas, DeGregorio, Behrendt, and Pedersen. Motion failed. Councilman DeGregorio moved the City terminate all bus service on Sept. 30th with San Juan and accept Nick coates' offe~ (Chateaum0~ile)'~as 'a one buS~S.ys~tem around the core area until Council comes up with an alternative. Seconded'by Coundilwoman Pedersen. Chateaumobile offer was for one week, cost per day including driver $60.00, carrier holds 12 people. City/County Planner Herb Barrel stated he felt it important to not stop the sYstem, feel the next step is to build'on the 'syStem rather ~han eliminating it.' Councilman DeGregorib withdrew his motion, COu~Cilwoman'Pedersen~ . withdrew~her second. · Councilman DeGregorio moved the City continue with the 2 existing buses with a decision by Thanksgiving fro~ CounCil member committee-on alternatives. Seconded byCouncilwoman Pedersen. All {n favor, m0ti°~"car~i~d. · ~ .... ~" ~' ~ ~ ' Council agreed to run the bus service from 7:30 to 5:30 each day. Converaation of Nu Gnu~II, Inc., Danny's Enterprises, etc. Attorney Nic'k McGrath stated City Attorney papers have been submitted re!ating.td~ the Stock transfer.~ Error was made in the transfer NU Gnu II, Inc. approved by Council on'May 29th, I~ Was erroneous because Nu Gnu II bOught'all'the stock~ of the entity known ~s DannY's Enterprises, Inc. and Nu Gnu It intended to operate the premises under that entity. The stock transfer shouid have~S'hown Nu Gnu lI, Inc~ as the sole stock holder of Danny'S Ent'erPr~ses~ Inc," Councilwoman Mar'~alun~s moved to approve the stock transfer as Submitted. Seconded by Councilmah Walls. All in favor, motion Carried. Resolution ~23, Seri~s of'1973 W~s r~ad 'in'~fU%i by ~ttorney Stuller as follows: Resolution WHEREAS, various members of the Cit~ council have ~eques~te'd reconsideration of the hour for commencement of the regular meeting of the Aspen City Council from 4 p.m. on the second and fourth Monday of every month to 5 p.m. on each such Monday, and WHEREAs, a majorit~ df'the Co~ncil members ha~e considered Su6h change,' have app~0ved the same, and wish ail future p~blic ~otiCes tO reflect the cha~ge in time, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. Th~ the time for commencement of the regular meeting of the Aspen City Council be changed from 4 p.m. to 5 p.m. on the seoond and fourth Mondays of every month. 2. That ali future notzces of SUch meeting be amended tO reflect this change zn' timt Councilman Behre~ndt moved to adopt Resolution #23, 1973. Seconded by~ncilwoman Pederse~ All in favor, motion carried. Councilman Breasted!r~ques~~ ' ~ ' ' the resolutzon refleC't the election date be changed to Novem- Resolution bet rather than April. 'CoUncil members stated their objections to the change of the #22 election date as follows: .(l) budget procedures; (~)sh0rt~ residency requirements for election; '(3) off season gives Candidates'more time to campaig~i; (4) p~esent Council members terms shortm~m~d by ~ months. Councilman Walls moved to read Resolution #22, 1973. Seconded by Councilman Breasted. All in favor, motion carried. Resolution #22, 1973 was read in full by theCi'ty clerk. See resolution on ~file Calling fo an election to amend the Charter.to change the general municiPal election date from Mayo to N~ember. Councilman Behrendt moved to adopt Resolution #22, ~eries of 1973. Seconded by Councilman Walls. Roll Call vote: Councilmen Pedersen aye; Breasted aye; DeGregorio naY; Markalunas nay; Walls nay; Behrendt nay; Mayor Standley aye. Motion not carried. Ordinance #28, Series of 1973 - councilman DeGregorio mOved td read Ordinance #28, Series Ord.28 of 1973 on first reading. Seconded by Councilwoman Pe~ersen. Ail in favor, motion carrie¢. Ordinance #28, Series of 1973 ~N oRDiNANCE ESTABLiSHiNG A PROHIBITION AGAINST THE PLAYING ~-~ OF ANY MUSICAL INSTRUM~ BY ONE OR MORE PERSONS DURING CERTAIN HOURS WITHIN THAT AREA KNOWN AS THE ASPEN PEDESTRIAN MA~L AND' ~A~NER PARK IN THE CITY OF ASPEN, COLORADO, AND PROVIDING PENALTIES THEREFORE was read by title by the City Clerk. · Councilman Walls moved to adopt~ordi~ane~ #28, SerieS Of 1973. Seconded by Councilman DeGregorio. Roll call vote - Councilmen Pedersen aye; ~reasred aye; DeGregorio ayes' MarkalUnas aye; Walls aye; Behrendt~aye; Ma~or Standley aye. Motion carried. Regul~ri~et~ng ~(¢0n~-) ..... Asp~.C~t~_C?U~¢i! ......... september 1D, _.~?_7~3 Council Councilwoman Markalun~s questioned the status of bi'keways to the High School & Middle Comments School. City Manager reported there has be~n a problem with equipment. Bfkeways Tennis Cour:s Councilman DeGregorio questioned status of tennis courts. City Manager reported he did not have an up-to-date report at this time. Bike ways Mayor Standley read request letter from Historica$ Society for permission to review all naming or re-naming of bike ways or trails~ structures, streets, etc., for their comments or suggestions. Councilwoman Pedersen moved to instruct the City Attorney to draft such a resolution granting permission. Seconded by Councilwoman Markalunas. All in favor, motion carried. Employee Councilman Breasted suggested Council adopt a resolution to the P & Z outlining concezns Housing for employee housing. Councilman Breasted moved to instruct the City Attorney to draft a resolution relating Council concerns for employee housing to the P & Z so that in the coming year P & Z gives some favorable considerations to projects which guarantee long term moderately priced employee hous-ing. Seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Walls moved to go into executive session, seconded by Councilman DeGregorio. Ail in favor, motion carried. Councilman Walls ~oved to reconvene into regular session and adjourn, seconded by Councilma DeGregorio. Ail in favor, meeting adjourned at 9:30 p.m. (- L~rraine Graves, City Clerk