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HomeMy WebLinkAboutminutes.council.19730924Regular Meeting Aspen City Council September 24, 1973 Meeting was called to order by Mayor Stacy Standley at 5:00 p.m. with Councilmen Jenifer Pedersen, James Breasted, Ramona Markalunas, Jack ~alls, Michael Behrendt, City Attorney Sandra Stuller and Acting Manager John Nixon. MINUTES Councilman Breasted moved to approve the minutes of September 10th as prepared and mailed by the City Clerk. Seconded by Councilwoman ~ederson. Ail in favor, motion carried. CITIZEN PARTICIPATION Mr. Jim Gibbons representing the Rugby Club and Chamber of Commerce request Council approv. go run th~ transit buses on Saturday~and Sunday during the Ru~afest to the gold course rugby field & Iselin Park. Twenty-four reams are expected, 600 people plus, and manyfty into Aspen. Games will begin on Saturday at 8:00 to 6:00 and on Sunday from ~:00 to 4:00. Councilman Breasted moved that the bus routes be changed for the weekend in question contingent upon extention of the PUC license to run buses out of town. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. DONATIONS & CONTRIBUTIONS Requests as follows were submitted: Grass-roots $2,500.00; Visiting Nurses Association $4,000.00; Colorado River Counsel $2,000.00; Mountain Rescue $1,000.00; Aspen Music Associates $5,000.00. Mr. Edgar Stern representing the AMA stated they were requesting, an increase over the last two years due to the increased costs and loss of grants previous ly given. John Smith from Grass-roots stated they had never requested funds from the City or County in the past. City has donated space in the Wheeler Opera House for the last two years. Mayor Standley stated the Council would take the requests under advisement and they will be considered in the budget process. PUBLIC HEARINGS & ~SECOND READINGS ORDI~NANCE ~26, SERIE~ OF 1973 - Mayqr Standley opened the public hearing. Mr. Jo~n Spicer of the Aspen Liquor License Association stated the ordinance was discussed with City administrative people and a few of the Council members, request at this time the increase in occupational tax be ~abled until the first part of December. Have no objection to the Regu£ar Meeting (~o~t.) AsPe~i City ~pun~i1 .S~P!tember .24-, !973' remainder of the ordinanCe, ~I~S ~dditional recormnendations wo~ld li~e to see inserted in ordinance. City Attorney Stuller stated the. ordinance should be redrafted the Association if the Council so d~sires. Mayor Standley Cl°sed the' public Pfea~ring.~ Councilwoman Markalunas moved that the Council delete from the ordinance alt but the open container portion of the ordinance and move to read on second reading in that form. Seconded by Councilman DeG~egorio, ~R°l'l call vote - CoUncilmen Pedersen aye; Breasted aye DeGregorio aye; Markalunas aye; Wails ~Aye; Behrendt aye; Mayor Standley aye; motion carrie~ Councilman Breasted moved to reconszder the pre,me s motion.~ secOnded by COuncilman Pedersen. Ail in favor, motion carried. Councilman Behrendt moved to withdraw 'the ma'in motion. ·.SeConded bY'~Councilman Breasted. All in favor, motion withdraWn~ Councilman Breasted moved to table the occ~pa'tional tax of the ordinance mt this time and re-draft the remainder of the ordinance for the second reading at the next meeting. Seconded by councilwoman PederS~n. 'Alt~ in fa~or~ 'mot'ion carried. ORDINANCE #28, SERIES OF 1973 - Mayor Standley opened the public hearing. Mr. Bob Kr~ger stated the concept~o£ the~matts was for people~'the City is now putting in all types of restrictions. Outlined the background of street music people. Stated it is felt disturbances can b~ handled under the disturbance of the peace provision of the law. Mr. Dan Forde stated this is one area of the co~unity where you can keep it off the economic market. Mr. John Spice~stated~.he has seenpeople playing guitars in the mall, people thr~w money into the guitar ¢~ase and'drinking in'the mall is going on at the same time. Feel these people are hurting the entertainment businesses on the mall. Ms. Jill Burkee read statement from the Dean of the Music School which reflected the malls are a place where the music students feel they can express themselves. Attorney Tom Crumpacker stated to restrict the playing of musical instruments feel is unconstitutional.· Mr. Dunaway stated he has-been t6 Mall Cormnission meetings and the loss of business has never been disCussed, only disturbance. Mr. Bob Mason stated he is a musician in one of the bars and feel the musician should have a choice as to whether he wishes to play out in the mall or in a restaurant. Feel· the 90 day fine is too high. Councilma~ Walls stated~he felt people Were m~ssing the point on why the malls were created in the first place. The area is for people and there does not have to be a happening all the time. Councilwoman Pedersen pointed out the following sections of the code which would cover~ any kind of disturbance~that..might occur in the mall:-Sections 13~l&; 13-15; 13-33; 13-34; 16-3. Ms. Bonnie Burkee stated she was opposed to the ordinance. Mayor Standley closed the public hearing, Councilm~n Walls moved to read Ordinance #28, Series of 1973 on second reading. Seconded by Councilman DeGregorio. Ail in favor, motion carried. ORDINANCE #28, SERI~S OF 1973, iAN ~ORDINANCE ESTABLISHING A PROHIBITION AGAINST THE PLAYING OF ANY MUSICAL INSTRUMENT BY ONE OR MORE-PERSONS DURING cERTAIN HOURS WITH}~I~AT AREA KNOWN AS THE AspEN PEDESTRIAN MALL AND WAGNER PARK IN THE OITY OF ASPEN, COLORADO, AND PROVIDING PENALTIES THEREFORE was read by title by ~he City ClerR~ CounCilman Walls moved to adopt ordinance #28, 1973 on second reading. Seoonded .by Councilwoman pedersen. Roll call vote - Councilm~n Pedersen nay; Breasted nay; .DeGregorio nay; Markalunas nay; Walls aye; Behrendt nay; Mayor Standley nay; motion not married. Brass Beg, Transfer of 3.2 Beer License, On Premise Consumption. City Clerk submitted all forms required by the City and State and reported all was in order. Councilman Behrendt moved to approve the transfer of the Brass Bed 3.2 on Premise Consump- tion beer license. SecOnded by Councilwoman Pedersen. All-in favor, motzon camrmed~ ELECTROBUS Mr. Henry Flum was present and Outlined the following to ~ouncil: Bus is electric, runs on baLteries, it is quiet, never wears out, never has ~o ~e started, no gears, reliable'inll that there is no fuel or water required, motor requires bearing repair at about 5,000 mile~, 10 to 20 years before major overhaul required, majo~ overhaul takes 4 hours, batter- ies do weareout and are an operating expense, it's a transit bus and not for ~ong hauls over highways, no vibration, takes 5 minutes or less to change batteries, each bus holds 2 batteries, batteries last about 60,000 miles, to combat the cold weather and starting, the batteries would be stored in a heated facility, most of the weight is on the rear wheels which gives good traction in the snow, bus can climb at least a 25% grade, easy to operate, low platfor~, have federal government approval, bus is attractive, 1% loss of 7~'' clearance which efficiency due to cold weather, small portion of the bus would have a close to the axle so feel would be no, problem. Batteries are guaranteed, warranty on the motor for 50,000 miles or one year. No performance guarantee' but feel the mar'ket is good enough so there would be no problem in selling the bus. Delivery date, if approved today, would be January 1974. Cooperative arrangement could be worked out for a loaner for a two to three week period. Heaters in the buses are gasoline. The fork lift for the batteries is electrically operated which will last from 25 to 35 years. Electrobus does not at this time have any buses in the transit business, first deliveries are being made this year. Mr. Barrel stated initially feel' 2 buses are required. Feel the next phase is the Midland right-of-way. Mr.~Flum pointed out thee largest operating expense is the driver of the bus, next would be depreciation. Maintenance cost per mile is 1-~ cents. 35,000 to 45,000 miles per tire. Interior height of the bus is 6'5", no Skies would be allowed on the inside. Mayor Standley stated Council members Pedersen and Behrendt would be in touch with Mr. Flum on this proposal. REGULAR COUNCIL MEETINGS, OETOBER Councilman Behrendt moved to change the regular ~eetings in October to the 15th and 29th due to the holidays. Seconded by C~ncilwoman Pedersen. All'in'~faVor, motion-carried.- ENCROACHMENT REQUESTS a. Molterer~Sports - Attorney John~.Wend.t reported the applicant has-wor'ked-out an~ arrange- ment with the Magic Pan to change their sign that is agreeable tolboth parties. Council- man Behrendt moved to grant the request as submitted. Seconded by Councilwoman Pedersen. City Engineer Ellis request the agreement for the encroaahment include the conditions that the City will be held harmless, agree at some future date to provide the City with a liability poRicy, applicant maintain the structure, and the City can require its removal if they so desire at some future date~~ - Councilman Behrendt moved to amend the motion to include the conditions as outlined by;the City Engineer. Seconded by Councilwoman Pedersen. All in favor, motion carried. Main motion - All in favor, motion carried. b. Coachlight Chalet - Memo from the Building Inspector was submitted recormnending approval by Council. Request to build, into. the right-of-way for a second story ~n an existing structure already in the right-of-way. Councilman Walls moved to approve the request and conditions as recommended by the City Engineer for encroaChraents be included in the agreement; seconded by Councilwoman Pedersen. All in favor, motion carried. COMMISSION & BOARD REQUESTS Board of Examiners and Appeals Appointments - Councilwoman Pedersen moved to nominate Betsy Lovick, seconded by Councilman Behrendt. All in favor, appointment unanimous. Councilman Walls moved to appoint Charles Collins to the Board as the engineer nn the Board. Seconded by 'Counnilwoman Markalunas'. ~All-in =favor~--appoin~ment unanimous. Councilwoman Pedersen moved to appoint Kenneth Hubbard to the Election Commission. Secon- ded by Councilwoman Markalunas. Att in favor, motion carried. COLORADO MOUNTAIN COLLEGE LEASE Mayor Standley stated they are agreeable to a 6 month lease at-$-50,.00 per mo~th. Council- man Breasted moved to grant~m 6~month'iease"at $§0.00 per'month, to CME in the Wheeler Opera House Seconded by Councilwoman Pedersem. All in favor, motion carried. BOARD & COMMISSION REQUESTS a. Ordinance~9 Review' Committee - City Planner. Barrel submitted a list of:people willin to serv~ on this committee and projects now pending for review. Councilman Walls moved to establish an Ordinance ~19 Review Committee. Seconded by Coun- cilwoman Mar'kalunas. Ail in favor, motion carried. It was pointe~ out this would'be-a temporary~committee for one year Councilman Behrendt move~ to nominate Fred Smith, seconded by Councilman Walls. Councilwoman Markalunas moved to nominate Charles Vidal, seconded by Councilman Walls. Councilman Walls moved to nominate Ross Griffin, seconded by Councilwoman Mar'kalunas. Councilman Breasted moved to nominate R~n Molny, seconded by Councilwoman Pedersen. Councilwoman Pedersen moved to nominate Remo Lavagnino, seconded by Councilman Breasted. Councilman DeGregorio moved to close the nominations, seconded by Councilwoman Pedersen. Ail in favor, motion carried. Paper ballots showed the following ~ppointed: Charles Vidal, Robin ~olny and Fred Smith. STEVENS PROPERTY STEVENS PROPERTY Mr. Bartel stated to Council under review of this site, it was determined the site is not the best for employee housing but feel the City should serioqsly consider retaining this site for the following reasons: proximity to BL~ land and being an important~segment the Midland right-of-way; drainage plan shows in this area a retention pond. Recommend Council request an extention of the lease so negotiations with Mr. Stevens can proceed.~ councilwoman M~r'kalunas moved to try~and keep the option open and negotiate f~r the land due to its being an important segment of the Midland right-of-way and as a retention pond site~and any other potential use the City may have at a future date for this land; re- quest additional 90 days extention of the lease. Seconded by Councilman Walls. Councilman Walls request the brea~kdown on the property owners, etc., on the acquisition of the Midland right-of-way. Ail in favor, motion carried. CITY ATTORNEY Resolution #23, 1973 - Councilman Breasted moved to read Resolution ~23, 1973. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. WHEREAS, the City Council has a constant concern forthe housing needs of the employees in and around the Aspen Area; and WHEREAS, the City Council wishes to impress the seriousness of this concern on the minds of the members of the Aspen Planning & Zoning Cormnission so that in their planning deliber- ations and review of conatruction projects they give~ adequate consideration to the c~eation of moderately priced housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the concern of the City Council ~or the needs of the Aspen Area employees for adequate housing be expressed and, by copy of this Resolution, be directed to the chairman of the Aspen Planning and Zoning Commission. 2. And that said Commission in all deliberations be and hereby is directed to give adequat~ consideration in formulating planning recommendations or approving building ~el~pments to the need for the creation of moderately priced housing for employees of the Aspen Area. Councilman Breasted moved to adopt Resolutions#23, 1973. Seconded by Councilwoman Pederse~ Mr. Jack Jenkins, member of the Planning and~ Zoning Commission, stated the Commission already shares Council's concerns for employee housing. Roll call vote - Councilmen Pedersen, aye; Breasted aye; DeGregorio aye; M~kkalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. ~otion carried. Resolution ~24, 1973 - Councilman Walls moved to read Resolution #24, 1973. Seconded by Councilman Behrendt. Ail in favor, motion carried. "WHEREAS, the City Council has considered it highly desirable that in the naming or renaming of public streets, parks, ways, buildings, and other facilities that consideratio be given to the names of persons or pt~ces ha~ing historical significance to the Aspen area, and ~RiEREAS, the Aspen Historical Society has requested that proposals for name changes be first submitted to the Society so that such suggestions and reco~endations can be made by the Society to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: T~ before the City shall name or rename any public street, par'k, way, building or other facility, that recommendations be first requested of the Aspen Historical ~.~Societ~ so that said Society can suggest names of Historical significance to the Aspen area." Councilwoman ~aderson moved to adopt RRsolution #24, 1973. Seconded by Councilman Breasted. Roll call vote - Councilmen Pedersen, aye; Breasted aye; DeGregorio aye; Markalunas aye; Walls~aye; Behrendt aye; Mayor Standley~aye; motion carried. 1487 Regular M~eting (cont~) Aspen City Council September 24, 1973 BUILDING CODE ADVISORY BOARD Councilman Walls submitted letter from the Architects Collaborative including suggested names for the Board. Architects: Bruce Sutherland, John Rosolac'k, Robert Hurt, Karl Kraus'kopE. Contractors: Don Westerlind, John Huebinger, Paul Johnson and Joe Crisci. Realtors: Whitney Miller, and Don Piper. City Attorney Stuller stated the permanent board - Board -of Examiners and Appeals, is alre~ ty given the authority to make recommendations to the building code. As an advisory and temporary board, this board should be established by resolution. Councilman Walls moved to appoint Sutherland and Hurt as representatives of the architectuz al field. Seconded by Councilwoman Markalunas. Ail in favor, appointments unanimous. Councilman Walls moved to nominate Westerlind and Johnson as representatives of the contractors. Seconded by Councilwoman Pedersen. All in favor, appointments unanimous. Councilman Behrendt moved to nominate Miller, seconded by Councilwoman Pedersen. Councilman DeGregorio moved to nominate Piper, seconded by Councilwoman Markalunas. Paper ballot showed Miller appointed as representing the realtors. COUNCIL MEMBER COMMENTS Mayor Standley reported he had been attending meetings of the Northwest Colorado Counsel of Governments and feel the City needs to be involved. Mr. Bartel pointed out grant money, and other funding available will require gagional approval which will probably be this board. Councilman Behrendt moved the City join Northwest Counsel of Governments. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. Department of Health, Air Quality Report Councilman Behrendt moved to instruct the City Attorney to draft an ordin'ance to require restaurants to ~ut in after burners or contract condensers as outlined in the report. Seconded by Councilwoman Pedersen. Ail in favor, mot$en carried. Red Butte Roa~ - City Engineer gave a progress report on the status of paving Red Butte Road. Discussed bicycle lanes along Red Butte Road. City Engineer stated the road will be paved to handle 2 11' traffic lanes and 1 4' bi'kc lane on each side of the road. Dis- cussed detached bikeways vs contiguous bikeways to roadways. Abandoned curb cuts and driveways - City Engineer repp~ed its.a matter of.money and time. Cost would b~ $7.00 per foot. Councilman Behrendt moved that we ask City Engineer to look into this and proceed with it. Seconded by Councilwoman Pedersen. Roll call vote Councilmen Walls, nay; DeGregorio, nay; Pedersen, nay; Breasted, nay; Mayor Standley, nay; Markalunas, aye; Behrendt, aye. Motion NOT carried. Councilman DeGregorio moved to adjourn at 8:40 p.m., seconded by Councilman Walls. All in favor, meeting adjourned. ~ '-176rraine Graves, City Clef'k