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HomeMy WebLinkAboutminutes.council.19700914Regular Meetin~ Aspen City Council September 14~ 19/0 There being the lack of any members of the City Council present, City Clerk Lorraine Graves adjourned the regular meeting of the Aspen Cit~ Council to Thursday, September 17th at 4:00 p.m. aves, Czty Clerk Adjourned Meeting.' Aspen City Council September 17~ 19'7£ Meeting was called to order by Mayor Eve Homeyer at 4:10 p.m. with Councilmen Edwin Vare, Ross Griffin, Jack Walls, Francis Whitaker, Manager Leon Wurl, Attorney Albert Kern.and Finance Director Dennis Veeder. Councilman Griffin moved to approve the minutes of ~August 24th, September 3rd, llth and 14th as prepared and mmiled by the City Clerk. Seconded by Councilmmn Walls. Ail in favor motion carried. Councilman Vare moved to approve and ratify the action as stated in the minutes of the RS meeting held on September 10th as prepared and mailed by the Recording Secretary. Ail in favor, motion carried. ='-, ......... ~=~.~. ~pen.~lcy uouncl± SeDtmmber 17. 1970 RESOLUTION #1~, SERIES OF 1970 as follows was read in full by the City Clerk: Resolution RESOLUTION #19 #19 Series of 1970 Series of 70 I WHEREAS, Richard Calvin Crabtree, Jr., a Police Officer of the City of Aspen, Colorad. ~ recently attended the Colorado Law Enforcement Training Academy at Denver, Colorado; AND WHEREAS, the said Richard Calvin Crabtree, Jr.'s performance at said academy was noteworthy as exemplified by his grades and the City Council feels he is deserving of commendation therefore: NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Aspen, Colorado hereby commends Richard Calvin Crabtree, Jr. for his performmnce at the State of Colorado Law Enforcement Adacemy. Councilman Vare moved to adopt Resolution ~19, Series of 1970 as read in full. Seconded by Councilman Walls. Roll call vote - Councilmen Vare aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Mayor Homeyer congratulated Officer Crabtree and presented the Resolution. Councilman William Comcowich arrived. Ski Club Ski Club - Mr. David Stapleton representing the Ski Club was present and presented a Lease of Lots request to lease lots 14 and 15 owned by the City in Captiol Hill. The Ski Club has been donated a house and need land to move the house-on. Property would be used by the Ski Club exclusively, to store equipment and for an office. Attorney Kern reported the remaining lots owned by the City in Capitol Hill of 9, 10, 11: and 12 will be cleared very shortly in the Coriolanus Suit. Ail lots owned by the City have been-surveyed. Councilman Whitaker suggest the City begin negoiating to acquire Lot 13 under the Open Space program. Mr. Stapleton stated if at sometime the Ski Club should go defunct, the house etc. would be returned to the City. Discussed terms of the lease. Council instructed the City Attorney to draft a~lease~based on 20 years with provision for re-negoiations subject to approval of Council at that time. .Amount of lease $1.00 per year and City's right to review any improvements to the property. Councilman Whitaker moved to authorize the Mayor and City Clerk to sign the lease and permit the Ski Club to start excavation immediately. Seconded by Councilman Griffin. Ail in favor, motion carried. Council further instructed Manager Wurl and Attorney Kern to investigate possible purchase of Lot 13. Rubey Park Mr. Don Diones of Kirchner and Moore was present and outlined two alternatives on the Bond Issue selling of the $300,000 Rubey Park bond issue. Mr. Diones stated the City can proceed by public sales before the next Council meeting or call for bids. The only disadvantage or advantage would be by public sales, the interest rate would be what was happening at that time, by calling for bids would have a stablized bid to work with,~by~c~tt~n~ w°ut~a~sta~'~zed'~bi~-to__work--~ith. If ~he bonds'.were.being sold this date, the intere rate would be between 5 1/2 to 6%. Mr. Diones stated at the time the City agreed on the 10 year repayment schedule, the mill levy of 2 mills was based on assessed valuation of approximately 21 miltion~ Now that the assessed valuation is between 24 and 25 million woul anticipate the required mills would be 1-3/4, although the City is not required to make the payments from mill levy revenue. CoUncil agreed to call for bids. Mr. Diones distributed to Council copies of the required Notice of Bond Sale. Council read the Noticm as distributed. Councilman Griffin moved to accept the notice of Bond Sale as submitted for September 28th at 2:00 p.m. and the amount of the cashiers check payable to the City of Aspen is $5,000. Seconded by Councilman Comcowich. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye;~Mayor Homeyer aye. Motion carried. Golf Course Representatives Of Tipco were present and request the ground rules of the City on the Land negoiation of purchase of their land by the City. A preliminary plat was submitted, and reported the final plat would be delivered to the City Manager upon its completion. Gentlemen stated Tipco is willing to sell all their land With the exception of the lodge and 10 acres with it. Manager Wurl request guidance of the following from Council: 1. Planner requests Council designate this area as top priority in the total open space acquisition program. ~gg5%Y~~g~W~~~~~~~~W~W~.~ifu~ Rubey Park ~~~W~Iq~L{CK~Y - - ~2~q~X~WW~¥ ~ Bond Issue Council~n Comcowich moved that we designate ~his as a sub area in the overall open space program and give it the highest priority. Seconded by Councilman Walls. Roll call vote - Councilmen Whitaker aye; Walls aye; Griffin aye;.Comcowich aye; Vare aye; Maypr Homeyer aye. Mo~ion c~rried. 2. - Designation of someone to do the negoiating. Council~n Walls moved to designate Manager ~rl and Attorney Kern to negoiate with Tipco. Seconded by Council~n Whitaker. All in favor,~motion carried. 3. - What area does Council wish to negoiate on? Planner Barrel suggest Co~cil negoiate with Tipco all the land they o~ with the exceptio~ of the area between the Simons' and Mills' properties and for this proper~y negoiate an easement for pedestrian traffic. Mr. Barrel further suggested an appraisal should be made of the entire prpperty. Co~cil instructed Manager Wurl and Attorney Kern to qegoiate the property as outlined by the City Planner. Council~n Comcowich questioned if the designation of Wurl and Kern to negoiate would exclude the services of Nature Conservaqcy. ~nager Wurl reported he had talked to Nature Conservancy and they indicated their services are available at anytime during the negoiations. They prefer the City to begin the preliminary negoiations. 4. - Designation of an appraiser. ~nager Wurl submitted the following suggestions, reporting all were familiar with the Aspen area: Justin Haynes and Company; A. L. Laffon~ and Frank Nisely, Jr. Councilman Whitaker moved to accept the bid of Justin Haynes and Company in the amount of $1200 plus expenses. Seconded by CoUncil~n Griffin. Roll call vote - Councilmen Walls aye; Griffin aye; Whitaker aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Council instructed Manager Wurl to notify the proper parties. Board and Co~ission, removal of Members - Council~n Whitaker stated he was concerned and Board and felt an ordinance should be prepared outlining the proper procedure for removal of members Co~issions Council~n Comcowich stated he felt the ChartMer members desired to leave this flexible. Removal of Members Councii~n ComcowiCh moved to table th~ discussion on drafting of an ~ordinance at this time. Seconded by Co~cil~n Walls. Roll call vote - Councilmen Vare aye; ~itaker nay; Walls aye; Comcowich aye; Griffin nay; Mayor Homeyer aye. Motion carried. Manager Wurl outlined to Council the first meeting in October falls on Columbus ~ay~ Council~n Whitaker moved the first regular meeting of the City Council in October be scheduled for October 14th, Seconded by Counqilman Griffin. Ail in favor, motion carried. Re-aoning Request CouncilmJn Whiaaker reported he and Council~n Walls had attended the Re-zoning last Planning and Zoning meeting of which the Planning and Zoning Co~ission requests the Request City Co~cil at this time consider re-zoning of th9 ~eco~d Aspen Company Subdivision to R-15; the Planning and Zoning Co~ission has not been able k6 iocRte an o~TCial map-- indicating that a buffer zone existed at anytime; the Institute and Meadows properties require designation of property lines so zoning can be considered~ Mr. Woodward represent- ing the Meadows and Institute indicated the info~tion on property lines would be sub- mitted to the Co~ission the first of 1971. Council~n Walls explained if R-40 classification is p%ace~ on the Institute property along with Planned Unit Development this will take care of the buffer zone. Any development under PUD would have to be approved by the Planning and Zoning Co~ission. Cquncil authorized Attorney Kern to prepare an ordinance calling for R-15 zoniqg~of the Second Aspen Company Subdivision and in the meantime the qity Administration investigate all sources as to whether a buffer zone ever existed.~ Council further agreed to a deadline of January 15th for the Institute and Meadows to submit land descriptions to the City. Council instructed the City Clerk to write a letter expressing the city's concern about the status of the property and the Institute should be prepared by the first meeting in January to submit land descriptions. Mr. Battle, Planner, reported he would-talk with Ramona Markalunas on the buffer zone and obtain a certified copy of what the zoning was before the North Side Annexation. 1073 Adjourned Meeting Aspen City Council September 17, 1970 P & Z Vacancy Planning and Zoning Vacancy - Mr. Battle recommend the composition of the Commission should include different interest and view points of the community. Discussed those persons who had indicated their interest in serving. Coun~ilmmn Walls moved to appoint Victor Goodhard to the Planning and Zoning Commission, term to expire July 1, 1971. Seconded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls ayel Griffin aye; Comcowich aye; Vare aye; Maypr Homeyer are. Motion carried. Manager Wurl reported a vacancy exists on the Board of Examiners and Appeals of an engineer. Councilman Walls to supply a list of local engineers to Council. Movie Theatre Movie.Theatre, Opera House - Manager Wurl outlined the basis of the negoiations with Mr. Opera House Swales of the movie theatre. Council instructed City Att.orney Kern to draft a lease for Lease Council consideration. Dog Truck Dog Truck - Manage~ Wurl reported two bids had been received. Wheeler Chevrolet, $2,111.86 and Rifle Auto, S2350.00. Councilman Griffin moved to accept the bid of Wheeler Chevrolet in the amount of $2,111.86, 1/2 to be paid by the County. Seconded by Councilman Walls. Roll call vote - Councilmen Comcowich aye; Walls aye; Whitaker aye; Griffin aye; Vare aye; Mayor Homeyer aye. Motion carried. Alley Report Alley Report - Manager Wurl reported the alleys are complete. Cost figures will be submitte~ at the next meeting. Parking Parking Corrections - Manager Wurl explained the people were contacted as per Council's Corrections instructions and results are, they do not wish to participate and if ~he City proceeds, they will take legaI action. Manager Wurl~explained the Engineering Department is preparing preliminary plans so that estimates can be made by the only contractor available and then will submit this information to Council. CemeteryvLane Cemetery Lane Pedestrian Path - Man~ger Wurl~explained the Metro Sanitation District has Pedestrain torn up the east side of Cemetery Lane and it would cost between $150~00 to S200.00 to Path lay some gravel and put this into shape for a bicycle and pedestrian path. State Highway Department has agreed to put up a higher railing on the north side of the bridge with asphalt patches on the ends. The City Engineer has re-designed the kinds of dips we should use. Curb and Curb and Gutter - Manager Wurl explained the City Engineer has submitted recommendations Gutter of changes in the present ordinance calling for requirement of sidewalks in the AR-2 zone with adjacent 6" vertical curb and gutter. Councilman Walls moved to authorize the City Attorney to draft an ordinance based on the City Engineers' recommendation. Seconded by Councilman Griffin. Ail in favor, motion carried. Impound Lot Impound Lot - Manager Wurl explained all negoiations with McCullough Oil have failed. Council request Manager Wurl investigate further locations where fencing would be feasible. Ordinance #19 Mayor Homeyer opened the public hearing on Ordinance #19, Series of 1970. There being no Fireworks comments, the Mayor closed the public hearing. Model Rockets ORDINANCE #19, SERIES OF 1970, AN ORDINANCE REPEALING, REENACTING WITH AMENDMENTS, CHAPTER 7, TITLE VI OF THE OFFICIAL CODE OF THE CITY OF ASPEN PROHIBITING THE SALE AND USE OF FIRE- WORKS, WITH THE EXCEPTION OF MODEL ROCKETS IN CERTAIN AREAS was read by title only by the City Clerk on second reading. Councilmmn Walls moved to adopt Ordinance #19, Series of 1970 and publish as outlined in the City Charter. Seconded by Councilman Vare. Roll call vote - Councilmen Vare aye; Com- cowich aye; Griffin aye; Mayor Homeyer amc; Councilman Walls aye; Whitaker aye. Motion carried. Mayor Homeyer opened the public hearing on Ordinance #20, Series of 1970. There being no comments, the Mayor closed the public hearing. Ordinance #20 ORDINANCE #20, SERIES OF 1970 AN ORDINANCE AMENDING CHAPTER 1, TITLE 6 OF THE OFFICIAL CODE Noise Control OF THE CITY OF ASPEN, ENTITLED "GENERAL OFFENSES", TO INCLUDE AS AN OFFENSE THE OPERATION OF ANY TYPE OF VEHICLE, MACHINE, DEVICE OR ~HER ACTIVITY WHICH CREATES AN EXCESSIVE OR UNUMUALLY LOUD NOISE: SETTING THE ALLOWABLE NOISE LIMIT AT 80 DECIBELS AT 25 FEET ON THE A-WEIGHTING SCALE; PROVIDING THAT THE CITY MANAGER MAY GRANT A VARIANCE TO THE TERMS HEREOF AND OTHER EXCEPTIONS; SETTING THE MAXIMUM PENALTY FOR A VIOLATION HEREOF AT A FINE NOT TO EXCEED S300.00 OR 90 DAYS IN JAIL; AND, SETTING FORTH DETAILS IN RELATION TO THE FOREGOING was read bM:%~itle only on second reading by the City Clerk. Councilman Whitaker moved to adopt Ordinance #20, Series of 1970 on second reading and orde~ the same published as provided in the City Charter. Seconded by Councilman Griffin. Roll call vote - Councilmen Whitaker aye; Walls aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Adjourned Meeting Aspen CityCouncil ~ Sep~ember!7~_!970 Councilman Whitaker moved to adopt Ordinance #20, Series of 1970 on second reading and order the same published as provided in' the City Charter. Seconded by Councilman Griffin. Roll call vote - Councilmen Whitaker aye; Walls aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Suggested changes in thm Board of Examiners and Appeals power to base contractor's licensin Contractor's on financial stability were submitted by the City' Attorney, Council instructed the City Licensing Attorney to prepare-an amendment,Of,the ordinance'. Discussed the structure of the Board of Adjustment. Council request the City Attorney pre- pare a list of items requiring Council's consideration in the matter of boards and~commiss- ions and Council will proceed at that time. Accounts Payable - Councilman Vare moved to approve the accounts payable subject to Council. Accounts man Griffin's review. Seconded by Councilman Walls. Roll call vote - Mayor Homeyer aye; Payable Councilmen Vare aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye. Motion carried. Councilman Vare stated he felt the Council should adopt the Open Space Committee consisting Open Space of John Oakes. Ramona Markalunas, Dr. Harold Whitcomb, Jack Brendlinger, Whip Jones and Ned Committee vare. Councilmmn Comcowich moved the Open Space Committee be made a standing committee. Seconded by Councilman Whitaker. Ail in,favor, motion carried. Mr. Battle reported he is preparing a work program for 1971 under which there will be an outline on open space. Councilman Walls moved to go into executive session. Seconded by Councilman Whitaker. Ail in favor, executive session at 7:00 p.m. Councilman Walls moved to reconvene in regular session and adjourn~mt 7:15 p.m. Seconded by Councilmam Whitaker. Ail in favor, meeting adjourned.