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HomeMy WebLinkAboutminutes.council.19740923 ge~ular Meeting . Aspeln City .Council.. September 23, 1974 Meeting was called to order by Mayor Stacy Standley at 5:00 p.m. with Council- members James Breasted, Ramona Markalunas, Jenifer Pedersen, Michael Behrendt, Jack Walls, Pete DeGregorio, City Attorney Sandra Stuller and Dr. Philip Mahoney. MINUTES Councilwoman Pedersen moved to approve the minutes of September 9, 1974 with Minutes the correction under discussion of the Thomas Property, "NOT set a precedent". Seconded by Councilman Behrendt. All in favor, motion carried. CITIZEN PARTICIPATION a. - Mr. Tom Moore representing the Ski Club request use of a dump truck during the clean-up of the ski jumps. Councilman Behrendt moved to approve the request Truck Request and City Manager be contacted as to when the equipment is needed. Seconded by Councilman DeGregorio. All in favor, motion carried. b. -Mr. Robin Molny reported he and Mr. Eubank had received conditional approval Molny/Eubank from the Board of Adjustment for a temporary propane tank in the alley between Encroachment Hopkins and Hyman. The placement of the tank will encroach into the alley. The alley is not presently being used and the tank will not be visible. Request approval from Council on the encroachment. Fire Marshall, Callie stated he h~d no objections. Councilman Behrendt moved to add this item to the agenda. Seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Behrendt moved to approve a temporary en¢~oachment up to one year or lifting of the natural gas moratorium whichever is less and subject to the stipulations imposed by the City for encroachments into public right-of-way. Seconded by Councilman DeGregorio. All in favor, motion carried c. - Ms. Gerry Fox representing the Chamber of Con~nerce was present and reported Town Meetings the Chamber will be sponsoring town meetings. First one to be October~8th, at the Red Onion at 12:15 and request attendance of the Mayor and two Councilmembers. Program will be carried live over the radio. Councilmembers to contact the Mayor as relates to their attendance. COUNCILMEMBER COMMENTS Councilwoman Markalunas stated she would like to voice her objection to the lack Meeting Notices of sufficient notice by the County on meetings. Also there are a number of meetings being scheduled simultaneously~ City Manager to so notify the County Commissioners. Councilman Breasted requested the City pick up the bike racks and while in storage Bike Racks for the winter do repairs on same. Councilman Breasted request research begin relating to changing either Red Butte Street Name Drive or Red Butte Road. Present names cause confusion. Tobe referred to the Aspen Historical Society for recormnendation. Councilman Breasted informed Council he will have a conflict in'that Tri-Co (his Conflict employer) desires to work for the City on air photography. Cityi!~Attorney to check out. Councilman Breasted Suggested Independence Pass be closed due to the large amount of traffic this time of year. onflict Councilman Walls reported he would have a conflict of interest if the City does budget to do anything about the under-street parking proposal presented by Walls / I and Sterling. ORDINANCE #45~ SERIES OF 1974 Mavor~Standley opened the public hearing, there being no comments, Mayor Standley closed the public hearing. 'Ord. #45 Zoning Councilwoman Pedersen moved to read on second reading Ordinance #45, Series of 1974. Seconded by-Councilman Breasted. ~All in favor, motion carried. ORDINANCE #45, SERIES OF 1974, AN ORDINANCE AMENDING SECTION 24-12 (C) OF THE ASPEN MUNICIPAL CODE CONCERNING TEMPCRARY SUSPENSION OF BUILDING PERMITS PENDING AMENDMENT OF THE ZONING CODE; PROVIDING THAT ONLY AFFIRMATIVE RECOMMENDATIONS OF THE ASPEN PLANNING AND ZONING COMMISSION SHALL HAVE SUCH INTERIUM EFFECT; THAT RECOMMENDATIONS OF CHANGES TO BOTH THE CODE AND MAP SHALL HAVE INTERIUM EFFECT FOR A PERIOD OF ONE YEAR; THAT SUCH EFFECT MAY BE TERMINATED BY ACTION OF THE COUNCIL; AND FURTHER REQUIRING THAT WITHIN 30 DAYS OF RECOMMENDATION OF AN AMENDMENT TO THE ZONING DISTRICT MAP THE EFFECT OF SUCH DESIGNATION SHALL BE NOTED ON SAID ZONING DISTRICT MAP was read by title by the City Clerk. Councilwoman Pedersen moved to adopt rdinance #45, Series of 1974 on second reading. Seconded by Councilman Breasted. Roll call'vote - Councilmembers Breasted aye; Markalunas aye; Pedersen aye; Walls aye; Behrendt aye; DeGregorio aye; Mayor Standley aye. Motion carried. BUDGET, PUBLIC HEARING Budget Mayor Standley opened t.he public hearing. Copies of the proposed budget were made available. Mr. Whitney Miller was present representing the Aspen Valley Imp~O vement Association. Stated he had had two CPS's reviewing the budget and they cannot make heads or tails out of the budget. Salaries seem to be a very high percentage of each departments budget. Objection raised that the citizens have not had sufficient opportunity to review the budget. Mayor Standley reported all work sessions on the budget by the Council have been opened to the public. No one has requested a copy of that schedule or asked any questions concerning the budget except for Mr. Miller who requested a copy of the budget. Salaries are based on what other cities are paying and as re~tes to the cost of living index. Mayor Standley replied to Mr. Bob George's question relating to how were the work sessions established. Mr. Standley stated they were established at.the first meeting of Council under budget schedule. Mr. Miller stated he objected to Council holding a public hearing on a budget that is not complete. Mayor Standley reported this would be the time for citizen imput into the budget. There being no further comments, Mayor Standl~y closed the public hearing. LEGAL ADVERTISING Legals City Attorney and City Clerk submitted to Council a breakdown of costs between the Aspen Times and Aspen Today. It was further reported that to be able to rely on the publisher is of a higher priority than the small difference in cos~t. (Aspen Today costs slightly ~lower than the Aspen Times.) Council concurred not to make any changes at this time. OCTOBER REGULAR MEETINGS Meetings Administrative staff recommend the regular meetings in October be changed to Tuesday October 15th and Tuesday, October 29th due to the holidays. Councilwoman Markalunas moved to approve the recommendation of the administrative staff and notification be so given. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. GLORY HOLE ENCROACHMENT ~Glory Hole ncroachment Revised map was submitted to Council for review. Applicant stated the deck is about 800 sq.ft., it is temporary, Street Superlntent for the City sees no problem with snow removal, only 2 or 3 parking spaces would be lost, trash cans would be re- located and there is a hardship here in that the restaurants in the mall did not have to show a hardship. Councilman Breasted moved to grant the encroachment subject to the conditions re- quired by the City for encroachments into the City right-of-way. Seconded by Glory Hole Encroachment Councilman DeGregorio. City Engineer Dave Ellis stated he would not recommend approval on the basis of the increase in congestion of an already congested area, loss of parking spaces and bad traffic circulation in this area. Councilmembers Markalunas, Pedersen, Behrendt, Walls and Mayor Standley nay; Councilmembers Breasted and DeGregorio aye. Motion NOT carried. VAN HORN SUBDIVISION~ PLANNEDi~ UNIT DEVELOPI~ENT Van Horn Mayor Standley opened the public hearing. Outline Dev. Pla~ Mr. Russ Pielstick, Architect was present and submitted the subdivision plat and the outline development plan. Reported the area is presently zoning for PUD. Proposal calls for 6 or 7 single family lots and maintaining the area along the river as open space. Plat showed common ground for the people in the subdivision and would be held in common ownership. Street will be a private road and 16' wide. City Engineer Ellis reported roads held in private ownership tend to take away from the public the right to the public land. Private roads tend to cause problems in the future and feel all roads should meet City standards. Minimum standard would be 20' to 24' It takes 20' in order to put in utilities at a reasonable cost. Councilman Breasted moved to approve the PUD outlinm development plan based on trail accessibility approved by the Engineering Department and approval b~ the Engineering Department of access from Highway 82. Seconded by Councilman DeGregorio. Ail in favor, motion carried. MAGIC PAN~ OFFICER CHANGE Forms required by the State and City were submftted to Council by the City Clerk who Magic Pan stated all was in order. Councilwoman Markalunas moved to approve the office change of the Magic Pan, Inc. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. COG HUMAN RESOURCE COMMITTEE REPORT Representatives of the Committee, Lynn Gruzen and Betsy Thaete were present and Ruman Resource reviewed the priorities established by the Committee with Counhil. It was pointed Report out the greatest need is co-ordination of all human resources. Mayor Standley pointed out this report is the background information heeded by Council for their deliberations of Resolution #29, Series of 1974 which will be discussed after budget is adopted. Councilman DeGregorio ~?m~ved to instruct the City Attorney to prepare a resolution commending the committee for the job they did in the report. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. COLORADO UTE POWER LINE~ A-95 A request was made before the joint meeting of the County Con~nissioners and City Ute Power Line Council to construct a power line from Basalt to Aspen. City Economist Larry Simmons reported from the information submitted by Colorado Ute a recommendation cannot be submitted. The data is incomplete and incorrect. Councilman Breasted moved the City Economist report be sent to Colorado-Ute, Holy Cross Electric, County Commissioners, Pitkin County Planning and Zoning Commission and COG. Seconded by Councilman DeGregorio. All in favor, motion carried. ORDINANCE #46~ SERIES OF 1974 Councilwoman Pedersen m~ved to read on first reading Ordinance #46, Series of 1974. Seconded by Councilman DeGregorio. All in favor, motion carried. Ord. ~46 CCiminal Code Councilman Michael Behrendt left Council Chambers. ORDINANCE #46, SERIES OF 1974, AN ORDINANCE REPEALING CHAPTER 13 "MISCELLANEOUS OFFENSES AND PROVISIONS" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; RE-ENACTING OR AMENDING CERTAIN SECTION THEREOF; ADDING PROVISIONS NOT PREVIOUSLY A PART OF SAID CHAPTER; SAVING PROSECUTION AND PENALTIES FOR VIOLATIONS OF THE PREVIOUS SECTIONS WHICH VIOLATIONS OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; AND PRO- VIDING THAT FOR VIOLATIONS OF CHAPTER 13 THERE MAY BE FINES IMPOSED UP TO AND INCLIDING $300 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS was read by title by the City Clerk. Councilwoman Pedersen moved to adppt Ordinance #46, Series of 1974 on first reading. Seconded by Council'~man DeGregorio. Roll call vote - Councilmembers Breasted aye; Markalunas aye; Pedersen aye; Walls aye; DeGregorio aye; Mayor Standley aye. Motion carried. 1625 = Regular Meeting Aspen City Council September 23, 1974 Councilman Michael Behrendt returned to Council Chambers. ORDINANCE #47~ Series of 1974 Councilman Behrendt moved to read Ordinance #47, Series of 1974 on first reading. Seconded by Councilwoman Markalunas. All in favor, motion carried. Ord. #47 ORDINANCE #47, SERIES OF 1974, AN ORDNANCE AMENDING CHAPTER 13 OF THE MUNICIPAL Trees CODE OF TH~ CITY OF ASPEN, (WHICH CHAPTER IS ENTITLED "MISCELLANEOUS OFFENSES AND PROVISIONS") BY THE ADDITION OF SECTION 13-76 THERETO REQUIRING A PERMIT FOR REMOVAL OF ANY TREE WITH A TRUNK DIAMETER OF FOUR INCHES OR MORE; PROVIDING FOR THE SUBMISSION OF A SITE PLAN ON APPLICATION FOR SAID PERMIT; DESCRIBING THE CRITERIA FOR REVIEW OF ALL APPLICATIONS; PROVIDING FO~ THE RELOCATION OR REPLACE- MENT OF TREES; PROHIBITING CONSTRUCTION NEAR TREES; ESTABLISHING PENALTIES FOR VIOLATION OF THIS SECTION; AND AUTHORIZING THE CREATION OF AN OFFICIAL TREE LIST FOR THE CITY lieF ASPEN was read by title by the City Clerk. City Engineer and Building Inspector submitted memoranda stg~ing their objection to the ordinance - unenforceable, creation of J procedure that is not necessary. Councilman DeGregorio moved to adopt Ordinance #47, Series of 1974. Seconded by Councilwoman Markalunas. Discussion followed relating to a change in the minimum size of trees, dead trees, and review process. Roll call vote - Councllr~mbers Breasted aye; Marka!unas aye; Pedersen aye; Walls aye; Behrendt nay; DeGregorio aye; Mayor Standley aye. Motion carried. City Attorney to review ordinance and amend for second reading. Res. #30 RESOLUTION #30~ SERIES OF 1974 Ear-mark funds Cultural Centez Councilman Walls momd to read Resolution #30, Series of 1974 in full. Seconded by Councilwoman Markalunas. All in favor, motion carried, RESOLUTION #30 'SERIES OF 1974 WHEREAS, the Aspen City Council has, by its Resolution 27, Series of 1974~ submitted to the electorate the question as to whether there shall be imposed a land transfer tax on con- veyances of real property located within the City of Aspen, and WHEREAS, if such tax is approved the proceeds shall be earmarked, by. the provisions of:Ordinance #21, Series of 1974, for the purpose of acquiring land for and the planning, dev- elopment and construction of civic and performing arts centers and governmental buildings, and WHEREAS, the Aspen City Council wishes to make known its preferences for disposition of these earmarked funds, more particularly, that it will give firs~ priority, ih the application of these funds, to the development of a cultural community center, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City Council :i~of the City of Aspen does hereby acknowledge that it shall, in the:application of any proceeds from the Land Transfer Tax, give first priority to the development of a community cultural center for the City of Aspen. 2. That the City Manager shall make known this con~nittment by the City Council and take such steps as he shall deem advisable to advise the public of this action was read in full by the City Attorney. Councilman Breasted moved to adopt Resolution #30, Seriesof 1974. Seconded by Councilwoman Markalunas. All in favor, motion carried. City Manager Mahoney reported the City is in process of taking out 8 trees that have become dangerous. Regular Meeting Aspen City Council September 23, 1974 City Manager reported four applications have been received for Council consideration Transportation in the mmmmmX appointment of a transportation manager. Councilmembers to review Manager the file. Councilman Walls moved to adjourn at 8:05 p.m., seconded by Councilman DeGregorio. All in favor, meeting adjourned. ~___fJ~Eorraine Graves, City Clerk