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HomeMy WebLinkAboutminutes.council.19710222 Regular Meeting Aspen City Council February 22~ 1971 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m. with Councilme~ Edwin Vare, Willi~am Comcowich, Ross Griffin, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl and Finance Director Dennis Veeder. Minutes Councilman Whitaker moved to approve the minutes of February 8th as prepared and mailed by the City Clerk. Seconded by Councilman Griffin. Ail in favor, motion carried. Attendant Parkin Councilman Walls m~ved to shedule public hearings on March 22nd at 4:00 p.m. on attendant Stream Mmrgins parking and stream margin regulations. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councilman Fitzhugh Scott III arrived. Appointments to Appointments to Boards and Commissions - Mayor Homeyer stated and Council concurred that a Boards & meeting should be held with those desiring appointments to City Boards and Commissions to Commissions discuss with them personally their philosophy and points of view. Also an opportunity to outline what the duties and functions are for the respective board or commission. Councilman Walls moved that appointees be requested to meet With Council prior to their appointments to Boards and Commissions. Seconded by Councilman Scott. All in favor, motion carried. Monarch Street Monarch Street - Manager Wurl reported notices were sent by 'registered mail to the property owners adjacent and on Monarch Street. Memo from the City Engineer was submitted outlining the costs involved ~ith a sidewalk district on Monarch Street from Durant to Main. Also memo from the Police Chief outlining the number of traffic violations. Mr. Lyman Bielefeldt informed Council a problem does arise in the visibility at corners where large vehicles park close to the corners. Also a problem with parallel parking as the grade is such that it is difficult to back uphill. Council agreed to hold this item in abeyance until later in the meeting. Mayor's Deed Mayor's Deed - Mayor's dee~ to Joe Miklich and Adolph Miklich was submitted to Council Block 3 and previously approved the the City Engineer and City Attorney. Councilman Griffin moved to authorize the Mayor and City Clerk to sign the Mayor's deed as submitted for Lots M, N, O, E and F, Block 3. Seconded by Comcowich. Roll call vote Cou~cilmem. Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayom Homeyer aye. Motion carried. House Bill House B~ill #1066 was submitted to Council. Councilman Scott moved to resolve to support #1066 House Bill ~F1066 and same be forwarded to Representative Strang. Seconded by Councilman Walls. Ail in favor, motion carried. Petition - A petition bearing 194 signatures was submitted to Council entitled, "To'amend Section 2.2 of the Charter of the City of Aspen, Colorado so as to change the date of the general municipal elehti~n from the first Tuesday after the first Monday in May of~ 1971 and biennially thereafter to the first Tuesday after the first Monday in November of 1971 and biennially thereafter." City Clerk Lorraine Graves reported to Council the petition contains 194 signatures; six of the signatures are outside of the city limits; 32 signatures have been referred back to Attorney Dwight Shellman's' office for clarification of names or for street address; 159 signatures are required. 1130 Regular Meeting Aspen City Council February 22, 1971 City Attorney Kern reported t~e biggest question concerning this petition is-whethec, Petition under the Constitution, a special election can be held. Mr. Kern stated he and Charles Howe agree at this time that a special election cannot be held, have requested an attorney general's opinion which should be here this week. Suggest Council schedule a special meeting next week Monday. Councilman Whitaker suggest the petitioners be asked~to withdraw their petition at this time in order to weigh the value of election in Mgy as realtes to budget procedures. Councilman Griffin moved that Council hold a special meeting next week Monday at 5:00 p.m. and table this item until htat time. Seconded by Councilman Scott. Mr. Dwight Shellman was present and read the following letter just submitted to City Attorney Kern: Dear Mr. Kern: At the request of concerned citizens, our office recently drafted, and later filed, a petition requesting a special election on the question of whether the municipal election date specified in Aspen's.~irst '~ome Rule" Charter (May) should be Changed to a November date. We understand that the City has engaged and solicited an opinion from special counsel; and that a courtesy advisory opinion has been requested from the office of the Attorney General of the State of Colorado. Our office has not been requested to participate in this process in any formay way, nor has it been requested to disclose its interpretation of applicable law. The cloud thus crea~ted, it seems to us, can be dispelled by such a disclosure, which is made below. Section and Article references are to the Colorado Constitution. Opinion: We understand that an interpretation has been obtained to the effect that the multiple special election procedures specified for the adoption of a "First(Home Rule) Charter" be Section 4, Article XX, preclude (for a period of two years) the single special election otherwise required in the case of a petition under Section 5, Article XX, to amend that charter in an~ particular, or to replace it with a new charter. These sections, read together~ do no support such a restrictive interpretation. Section 4, Article XX, is - by its terms - limited exclusively to Home Rule Charter amendments or replacement Charters initiated by the electorate subsuquent to adopt%on of the First (Home Rule) Charter. Section 5 provides for a single special election, except where the amendment or replacement was previously submitted to such a special election, under the provisions of Section 5 within the next preceding two years. In the latter event, the petitioners are not entitled to another special election, but must have the question "resubmitted" at a general election. In short, the final "question" submitted under Section 4 is whether an entire First Chap- ter should be adopte~. Under charter amendment proceeding contemplated by Section 5 the "question" submitted is whether the nharter should be amended in one or more particulars, or replaced by a '~ew charter". Section 5 sm~s only that the latter "question" when so submitted (under the special election provisions of Section 5) shall not "again be sub- mitted'' at another Section 5 special election within two years. The restriction in Section~ 5, would, of course prevent this proposed amendment "question" from being "again submitted" to a special election for two years after it was defeated. Section 5 does not prevent a special election for the first request for an amendment, but rather requires one~. The Constitution is simply devoid of any language supporting the proposition that the citizens may not have a special election to change or replace their charter for a period of two years after it is adopted. Had the' drafters intended such a restriction, they could have siad so with considerably more directness. Conclusion: It would see~ to us that refusal to submit this amendment "question" to a special election would be violative to the express requirements of the Colorado Consti- tution. Naturally, it is still our hope that the question will receive an opportunity for determination by the voters upon its own merits, rather than the legal clouds created. The amendment is placed before the electorate because the U.S. Census e~forts in Aspen last spring disclosed (or rather confirmed)the fact that ma]or portions of the resident population leave the town when the ski lifts close in April, and do not~ begin to reappear until mid-May or later. The last paragraph or Section 5 also authorizes the City Council, on its own initiative, to submit the same question to the voters at a special election. Very truly y~urs, Shellman, Carney & Edwards /s/ Dwight K. Shellman, Jr. M~.,S~l%man stated he did not know who his client was in this matter. Mr. Shellman stated it is felt that a November election date would be more representative of a cross section of the community. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Monarch Street Monarch Street - Discussed a sidewalk district for this street. Council agreed the side- walks should be installed on a voluntary basis at this time. Mr. Glen Paas was present and stated he disagrees with Councilman Whitaker ~hat Monarch Street has a large amnunt of pedestrian traffic, feel the pedestrian traffic is not north and south but is east and west. By changing the parking from angle to parallel would be eliminating parking spaces and pushing the parking further out of the business district. Manager Wurl reported there are on an average 13 to 14 storms a year requiring snow re- moval. Gentlemen owning a lodge across from the Chart 1House stated people are continually stuck on this part of Monarch Street where there is ~ parallel parking. Would hate to see any more parking spaces eliminated. Manager Wurl informed Council in the C-C and Crl zones, 26 blocks have snow removal and 27 do not. By approving Monarch Street will set a precedent for additional requests in these zones. Funds were not budgeted for additional streets. Excluding Main Street, it now takes 4-1/2 hours to remove the snow from the 26 blocks which coincides with the 4-1/2 hours of tow away. It costs S30.00 per block to remove the snow for each storm. Traffic counts show as much traffic on Hunter as there is on Monarch. Coun~Dtma~ Whitaker moved that the city install parallel parking on the west side of Monarch Street from Main to Durant and that the snow be removed the zest of the season on a trial basis. Seconded by Councilman Vare. Roll call vote - Councilmen Griffin aye; Scott aye; Walls nay; Comcowich aye; Vare aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Colo. Mtn. Colorado Mountain College Lease - Council indicated they would also like to have the College Lease figures on depreciation an~ maintenance costs~ Manager Wurl submitted a breakdown on costs for utilities for the space utilized by the C~C, ACVB, Aspen Association;. Ween Center and Thrift Shop. Councilman Griffin moved to return this item to Finance Directpr-Dennis Veeder in order to submit annual maintenance costs and depreciation for each space and average cost for floor space. Seconded by Councilman, Whitaker. Ail in favor, motion carried. Aspen Ski Corp. Aspen Ski Corporation Request - Mr. Tom Richardson was present to discuss problems relatinI Request to reconstruction of the Number One lift. Problems connected with replacing and moving the Number One _lift are: require vacation of Summit Street and the alley between Summit and Hill Streets in order to use the location as lutlined on the map submitted. Present easement, calls~for going over tthis area. Would like Mermission to-put a foundation in Summit Street. Would like to use Hill Street for parking and entrance to parking area, which would accommodate from 150 to 200 cars. Reason for this request is-trying to alieviate congestion on the slopes and on the Sifts. Would be willing to trade footage for footage with the City for property below. Also Ski Corporation would be willing to execute an agreemmnt for parking on those streets. Comp- oration does not want to bind their ~and:for parking. Councilmmn Comcowich moved Council recommend the Planning and Zoning Commission review this request as soon as possible so Council can review this at their special meeting on March 1st. Seconded by Councilman Scott. Ail in favor, metion carried. Mill &Main Mill and Main Councilman Whitaker moved to take no action on no left:turns at Mill and Main. Seconded by Councilman Scott. Ail in favor, except Councilman Walls. Motion carried Cemetery Cemetery Lane Dips - Manager Wurl request and Conncil concurred to table this tiem until i Lane Dips alternatives can be submitted. Open Space Open Space - Manager Wurl request an executive session since discussion deals wi%h the extension agreemmnt with Tipco. Resolution #1 RESOLUTION #1, SERIES OF 197t. was read in full as follows by the City Clerk. James D. Alders~ RESOLUTION NO. 1 Series of 1971 WHEREAS, James D. Alderson, .Police Officer of the City of Aspen, Colorado, recently at~end~.d the Colorado Law Enforcement Trainin~ ~.~ademy. at Denver, Colorado; AND, WHEREAS, the said James D. Alderson's performance at said academy was noteworth 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 James D. Alderson for his performance at the State of Colorado Law Enforc ment Training Academy. Councilman Comcowich mowed to adopt Resolution ~1, Series of 1971, seconded by Councilman W~lls. All in favor, motion carried. Mayor Homeyer presented the formal resolution to Officer James Alderson. ORDINANCE #2. SERIES OF 1971, AN ORDINANCE AMENDING SUBSECTION (f) OF SECTION 9, CHAPTER Ordinance #2 1 OF TITLE XI, PROVIDING .FOR THE LEASING OF OFF-STREET PARKING SPACES IN THE C-C MONED~ Off-Street DISTRICT FROM THE CITY OF ASPEN was read by title only by the City Clerk on first reading. Parking Councilman Whitaker moved to adopt Ordinance #2, Series of 1971 on first reading. Seconded by Councilman Vare. Council request before second reading the City should have acceptable lease form and othe~ items requested by the City Attorney. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Ordinance #3, Series of 1971 was submitted. City Attorney Kern informed Council all codes Ordinance #3 are being brought uP to date, this ordinance will require two notices of public-hearing Uniform Housing before second readi~g~ Code Councilman~Comcowich moved to read Ordinance #3, Series o6 1971 by title only. Seconded by Councilman Walls. Council request the Building Inspector submit a brief breakdown of the main changes in codes from the old to the new. Roll call vote - Councilmen Vare aye; ComcoWiCh aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE #3, SERIES OF 1971, AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE AND MAINTENANCE OF BUILDINGS OR S~RUCTURES IN THE CITY OF ASPEN COLORADO; ADOPTING BY REFERENCE THERETO THE UNIFORM HOUSING CODE OF THE UNIFORM BUILDING CODE, 1970 EDITION, VOLUME III, OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, TO BE KNOWN AS "HOUSING CODE", EXCEPT CHAPTER 12 OF SAID CODE CONCERNING APPEALS; REPEALING ALL PRIOR PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, 1962, AS AMENDED, CON- CERNING THE "HOUSING,.CODE'' HERETOFORE IN EFFECT; REPEALING ALL ORDINANCES, PARTS AND SECTIONS OR ORDINANCES OF THE CITY OF ASPEN, COLORADO, IN CONFLICT OR INCONSISTENT HERE- WITH, EXCEPT SECTION 5-3-5, MUNICIPAL CODE OF THE CITY~ OF ~SPEN, ESTABLISHING THE PRO- CEDURE FOR APPEALS; PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF SAID UNIEORM BUILDING CODE-HOUSING; PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO. Councilman Whitaker moved to adopt Ordinance #3,~Series of 197~ on first reading. Seconde~ by Councilman Comcowich. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilman Scott moved to schedule the public hearing on Ordinance #3, Series of 1971 for March 22nd. S~b~ded~ by Councilman Whigaker. Ail in favor, motion carrie~ RESOLUTION #2, SERIES OF 1971 was read in full by the City Clerk as follows: Resolution #2 Rules of Proced- RESOLUTION NO. 2 ute Series of 1971 WHEREAS, the City Council of the City of Aspen is empowered to establish the rules of procedure governing meetings of the City Council and Boards and Commissions of the City. AND WHEREAS, the City Council deems it advisable to establish rules of procedure in the conduct of its meetings and the meetings of the Boards and Commissions of the City for the purpose of providing a stable and consistent method for the conduct at such meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen that it hereby adopts the Rules and Procedures for the conduct of its meetings and the meetings of the City's Boards and Commissions which rules are incorporated herein and attached hereto. BE IT FURTHER RESOLVED that the Board and Commissions of the City may, frsm~time to to~e, establish additional procedures as they deem necessary. Regular Meeting ~SP~ ~¥ C?~P~il ~br~gEY ~2~, ~971 Councilman Walls moved to adopt Resolution #2, Series of 1971. Seconded by Council~afi Whitaker. Roll call vote - Councilmen Griffin aye; Scott aye; Walls aye; Comcowich aye; Whitaker aye; Vare aye; Mayor Homeyer aye. Motion carried. Ordinance #4, Series of 1971 was submitted to Council. Councilman Walls moved to read Ordinance #4 Ordinance #4, Series of 1971 on first reading by title only. Seconded by Councilman Scott Selling from Ail in favor, motion carried. Vehicles City Attorney request under Section 6-1-48 the word "person" be inserted. ORDINANCE #4, SERIES OF 1971, WHEREAS, the selling or soliciting of goods and merchancis from vehicles on public~ptreets and alleys within the C-C zoned districts 0~ the City of Aspen, Colorado aauses th~ blocking and interference of traffic among said ~streets and alleys and thereby creates a nuisance, was read by title only by the City Clerk. Councilman Walls moved to adopt Ordinance #4, Series of 1971 on first reading. Seconded by Councilman Whi~aker. Roll call vote - Councilmen Whigaker aye; Vare aye; Comcowich aye; Walls aye; Griffin aye; Scott aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker moved to schedule a public hearing on Ordinance #4, Series of 1971 for March 8th. Seconded by Councilman Scott. Ail in favor, m6tion carried. Councilman Griffin moved to go into executive session. Seconded by Councilman Comcowich. All in favor, motion carried. Council reconvened into regular session. Councilman Whitaker moved that Council instruct the City Manager and City Attorney to Tipco negoiate extension agreement with Tipco on the best possible terms for the City and the Extension Mayor and City Clerk to be authorized to sign the extension anytime prior to March 1st. Agreement Seconded by Councilman Walls. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Council instructed the City Clerk to schedule appointments with those persons interested in serving on the boards now haveing vacancies, 10 minutes apart starting at 6:30 for March 1st special meeting. City Attorney Kern stated Barbara McLoughlin is not qualified to serve since the two year requirement pertains to immediately preceeding their appointment. Councilman Scott lmoved to adjourn at 7:00 p.m., seconded by Councilman Griffin. Ail in favor, motion carried and meeting adjourned.