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HomeMy WebLinkAboutminutes.council.19710308Regu&~r Meeting Aspen City Council March 8~ 1971 Meeting was called to order by Mayor Eve Homeyer at 4:10 p.m. with Councilmen Edwin Vare, William Comcowich, Ross Griffin, Fitzhugh Scott III, City Attorney Albert'Kern, City Manager Leon Wurl and Finance Director Dennis Veeder. Councilman Griffin ~oved to approve the minutes of February 22nd as prep~ddand mailed Minutes by the City Clerk. Seconded by Councilman Scott. All in favor, motion carried. Councilman Scott moved to approve the minutes of March 1st as prepared and mmiled by the City Clerk. Seconded by Councilman Griffin. Ail in favor, motion carried. Councilman Griffin moved to approve the accounts payable as submitted by the Finance Accounts DePartment. Seconded by Councilman Comcowich. Roll call vote Councilmen Vare aye; Payable Comcowich aye; Griffin aye; Scott aye; Mayor Homeyer aye. Motion carried. Appointment to the Board of Examiners and Appeals, tabled. Councilman Jack Walls arrived. ~''~ ElectiOn Commission Procedures and Recommendations were submitted to the City Council. Election Report included challenging procedures at time of yegistration and election day. Commission Councilman Francis Whitaker arrived. Councilman Comcowich, Walls and Mr. Curt Baar stated they felt the Charter provided for the. Election-~Commission to challenge and check out qualifications of electors. Mr. Ken Hubbard of the Election Commission stat-ed this is not the 1 te~pretatzon derived by the Election Commission but rather authority is in the Charter for the Election Commismion to establ~is~procedures where residency is in question and where there has' been a showing of good cause of a ~s~dency problem, i Mr. Hubbard further pointed out the feeling of the Election Commission is that if~challenge were brought by the Election Commission, they would in trun be acting as the challenger and also sit as a quasi judicial body in hearing the challenges brought before them. Councilman Scott moved to approve the procedures and recommendations report submitted by the Election Commission. Sec.onded by Councilmmn Vare. Council reofuest City Attorney Albert Kern contact Attorney Charles Howe (Charter Conventi, Legal Advisor) to see if the City can adopt additional procedures on checking out qual- ifications of electors. Roll call vote - Councilmen Whitaker aye; Walls nay; Scott aye; Griffin aye; Comcowich aye Vare aye; Mayor Homeyer aye. Motion carried. Councilman Walls moved to approve the list of Judges and Clerk as submitted by the City Clerk. Seconded by Councilman Scott. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye;,Mayor Homeyer aye. Mo~ion carried. Resolution #5 RESOLUTION #5, SERIES OF 1971 as follows was read in full by the City Clerk. Series of 1971 Voting Machines RESOLUTION NO. 5 (Series of 1971) WHEREAS, the use of voting machines for elections within the City of Aspen will provide efficient voting procedures. NOW, THEREFORE, BE IT RESOLVED by the City~ Council of the City of Aspen that voting mmchines.~ when available, are hereby authorized for use at all City elections in accordanc~ with the provisionslof the Colorado Municipal Code. Councilman Walis moved to adopt Resolution #5, Series of 1971. Seconded by Councilman Scott. Roll call vote - Councilmen Griffin aye; Scott aye; Walls aye; Comcowich aye; Vare aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Ordinance #8 Ordinance #8, Series of 1971 was submitted to the Council by the Election Commission for Series of 1971 consideration. City Attorney Kern-explained it was felt by the Election Commission that a Election person who failed to chang~ his address-prior to the 32 days'before the election, ~(taw does provide for change of address within the 32 days before election) and since all elections are at large,, that a person should be allowed to vote in the precinct where lastregistered.' Councilman Comeowich moved to read Ordinance #8, Series of 1971. Seconded by Councilman Vare. All~ in favor, motion carried. ORDINANCE #8, SERIES OF 1971, AN ORDINANCE PERMITTING QUALIFIED REGISTERED ELECTORS TO VOTE IN THE PRECINCT WHERE'LAST REGISTERED was read by title only by the City Clerk on first reading. Councilman Vare moved to adopt Ordinance #8, Series of 1971 on first reading. Seconded by Councilmmn Griffin. ~ Discussed the confusions-that would arise with electors actually residing at one address and registered at,another. Roll call vote Councilmen Vare nay; Comcowich nays; Griffin nay; Scott aye; Walls nay; Whitaker nay; Mayor Homeyer nay. Motion not carried. Earth Day Earth Day - Representatives of the EcologyClass of the High School were present and re- quest approval of Council to close of 8 1/2 blocks of the business district on April 21st from 7:00 a.m. to 5:00 p.m. to make people aware of earth day and also as an experiment to find out the problems, advantages and reaction~of the people of Aspen~to a pedestrian oriented city. The proposal was submitted to Council including the activities and the x~, preparations that would be followed. Councilman. Comcowich moved that the City endorse the proposal by the Ecology Class of the High School for Earth Day activities. Seconded by Councilman Walls. Ail in favor, motion carried. Opera House Leases - Finance Director Dennis Veeder submitted s memo outlining the costs Opera House per space occupied by the-ACVB, Thrift Shop, Colorado Mountain Coll~ege'and Teen Center. Leases Cost breakdown included insurance, electricity, water, gas;~ d~pr.eci~tion and building ,v~ maintenance. yr. Mills representing the Colorado Mountain College was. present and offered to pay the City $50.00 per month for the space but request the monthly rental not begin until July 1st, the beginning of the fiscal year for the college. Council request City Manager Wurl to'.notify:the'Thrift Shop the rental fees will not pertain to a non tax supported business. Councilman Griffin moved that the City approve the present fees of. the Opera House until July 1, 1971 and a lease be prepared beginning with July 1, 1971 with the Colorado Mount- ain College for a 2 year-period .at $50.00 per month with a one year option with terms to be agreed upon by the City and CMC. Seconded by Councilman Scott. Roll call ~ote'- Council- men Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Ho- meyer aye. Motion carried. Ordinance #2, Series of 1971 - Mayor Homeyer opened the public, hearing. There being no Ordinance #2 comments, Mayor Homeyer closed the public hearing. Series of 1971 Off Street ORDINANCE #2, SERIES OF 1971, AN ORDINANCE AMENDING SUM-SECTION (f) OF SECTION 9, CHAPTER Parking 1 OF TITLE XI, PROVIDING FOR THE LEASING OF OFF-STREET PARKING SPACES IN THE C-C ZONED DISTRICT FROM THE CITY OF ASPEN was read by title only by the City Clerk on second reading. Councilman Walls moved to read Ordinance #2, Series of 1971. Seconded by Councilman Whit- aker. All in favor, motion carried. Councilman Fitzhugh Scott III left Council Chambers. Councilman Whitaker moved to adopt Ordinance #2, Series of 1971 on.first reading. Seconded by Councilman Walls. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Ordinance #4, Series of 1971 - Mayor Homeyer opened the public hearing. Ordinance #4 '~ Series of 1971 Council questioned if the ordinance covered such deliveries as the dairy products delivere( by the Aspen Dairy, pop and beer deliveries. Councilman Fitzhugh Scott III returned to Council Chambers. Councilman Comcowich moved to postpone action on C rdinance #4, Series of 1971 until the question raised by Council has been clarified. Seconded by Councilman Whitaker. Ail in faro'r, motion carried. Salt and its pollution were discussed. Councilman Whitaker moved to authorize Manager Salt Pollution Wurl to look into other compounds that could be used. Seconded by Councilman Scott. Manager Wurl reported only a small portion of salt is used and then only in the shaded areas of the street in front of the North of Nell and Aspen Square. Ail in favor, motion carried. MONARCH STREET - Mr. Ed Edison of the Rocky Mountain Pet Shop was present and outlined Monarch Street the problems the proposal approved by Council will cause. Eliminate parking places, never have had a problem with enough room for two lanes of traffic even when the snow is not removed such as the last big storm. Mr. Edison pointed out the people present today did not appear at the time the City held a public-hearing because the property owners were not notified, not the business owners. Mr. Edison submitted the following'sollution: When a large storm and before snow removal starts, post a large sign saying no parking, tonight: snow removal. This way could remove all the snow and still ~not take away parking places. Council pointed out alot of buses use this street and the proposal approved by Council is only for a trial period until the end of thee' season. Lodge owners located on Monarch were present and proposed no parking be allowed along Wagner Park but rather plow the snow to that-side 'of the street. · Councilman Whitaker moved that the City not take action on this at this time until the '~ trial period is over. Seconded by Councilman Walls. Ail in favor, motion carried. Property owners and business owners will be contacted at the time Monarch Street is re- evaluated. Councilman Francis Whitaker left Council chambers. 1145 ~gular Meeting Aspen ~it¥ Councli! March 8,.19~ ~ Ordinance #5, Series of 1971, providing for three election precincts anda:maximum of 1,000 el:ectors in each Precinct was. read on first reading, by titl-e only,-by the City Councilman Walls moved 'to adopt Ordinance #5, Series of 1971 on ~first reading. Seconded by Councilman Vare. Roll call vote -Councilmen ComcoWich aye; Vare aye; Griffin a'ye; Scott aye; Walls aye; Mayor Homeyer aye. Motion carried. Council agreed to schedule a public hearing on Ordinance #5 for Marc~h 22md. Ordinance #6 Ordinanc.e #6, Series of ·1971 , Councilman Walls moved to read Ordinance #6; Series of Uniform Mechanic~l1971 on first reading by title only. Seconded by Councilman Comcowich. All in favor, motio~ Code carried. Clayton Meyring, Building Inspector, reported this ordinance will eliminate some of the ordinances that we presently have on the books because they are included in this ordinance and the uniform Building Code. ORDINANCE #6, SERIES OF 1971 was read by title only the City Clerk, as follows: AN ORDINANCE RELATING TO THE REGULATION AND CONTROL OF THE DESIGN, CONSTRUCTION, INSTALL- ATION, QUALITY OF MATERIALS, LOCATION, OPERATION AND MAINTENANCE OF HEATING, VENTILATING, COMFORT' CONTROLLING, REFRIGERATIONSYSTEMS; INCINERATORS AND OTHER MISCELLANEOUS HEAR- PRODUCING APPLIANCES; ADOPTING BY REFERENCE THERETO THE UNIFORM MECHANICAL CODE OF THE UNIFORM BUILDING CODE OF THE'INTERNATIONAL CONFERENCE OF-BUILDING OFFICIALS, 19.70EDITION, VOLUME II, TOGETHER WITH APPENDIX B OF THE UNIFORM MECHANICAL CODE, 1970; REPEALING ALL PRIOR ~PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF AS~N, COLORADO, 1962, AS AMENDED, CONCERNING THE MECHANICAL CODE HERETOFORE IN EFFECT; EXCEPT CHAPTER 3 OF TITLE II OF ~THE MUNICIPAL CODE OF THE CITY OF ASPEN, C~LORADO, CREATING AND ESTABLISHING THE BOARD OF APPEALS; REPEALING ALL ORDINANCES, PARTS AND SECTIONS OF ORDINANCES OF THE CITY OF ASPEN, COLORADO IN CONFLICT OR INCONSISTENTfHEREWITH; PROVIDING A PENALTY FOR VIOLATIONS OF SAID MECHANICAL CODE, AND PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO. Councilman Walls moved to adOpt Ordinance #6, Series of 1971 on first reading and schedule the public hearing for April 12th. Seconded by Councilman Griffin. Roll call vote Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer aye. Motion carriedd Councilman Whit~ker returned to Council Chambers. Ordinance #7, Series of 1971 - Councilmen Walls moved to read Ordinance #7, Series of Ordinance #7 1971 on first readingby title only. Seconded by Councilman Griffin. A!1 in favor, motion Series of 1971 carried. Uniform Buildir Code OrdinanCe #7, Series of:1971, AN ORDINANCE RELATING TO.THE REGULATION OF ERECTION, CON- STRUCTION, ENLARGEMENT, ALTERATION~, REPAIR, MOVING, REMOVAL, CONVERSION; DEMOLITION:, · OCCUPANCY, LOCATION AND MAINTENANCE OF ALL BUILDINGS OR STRUCTHRES WITHIN THE CITY OF ASPEN, COLORADO; ADOPTING BY REFERENCE THERETO THE UNIFORM BUILDING CODE OF THE INTERNAT- IONAL CONFERENCE OF BUILDING OFFICIALS, 1970 EDITION, VOLUME I, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1970 EDITION, VOLUME .I,. TOGETHER WITH THE UNIFORM~BUILDING CODE STANDARDS, 1970 EDITION, AND TOGETHER WITH THE APPENDIX; PROVIDING FOR AMENDMENTS THERETO: REPEALING~ALL:PRIOR PROVISIONS OF:THE.MUNICIPAL CO~E OF THE CITY. OF ASPEN, 1962:, AS AMENDED,~'CONCERNING~THE::BUILDING'CODE~HERETOFORE~'IN EFFECT, AND REPEALING~CHAPTER 4, OF TITLE IV CONCERNING :CHIMNEYS,' VENTS, FIREPLACES AND. INCINERATORS, AND CHAPTER 5.OF TITLE IV CONCERNING THE ADOPTION OF THE GAS FITTINGCODE, AND CHAPTER 6 OF TITLEIV CONCERNING THE ADOPTION OF WARM AIR HEA~ING AND AIR CONDITIONING CODE, AND CHAPTER 7 OF TITLE IV CONCERNING THE ADOPTION OF BOILERS AND PRESSURE VESSELS CODE, AND CHAPTER~10 OF TITLE CONCERNING THE ADOPTION OF BUILDING EXITS CODE; EXCEPT CHAPTER 3 OF TITLE II OF THE MUNICIPAL CODEOFiTHE CITY OF~AS'PEN .PERTAINING'TO ~BOARDOF:APPEALS~AND EXAMINERS; REPeAL- ING ALL ORDINANCES, PARTS AND SECTIONS OF ORDINANCES OF THE CITY OF ASPEN, COLOR~DO.IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING A PENALTY FOR THE VIOLATION OF PROVISIONS OF SAID BUILDING CODE; AND PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO was read by Councilman Walls moved to adopt Ordinance #7, Series of 1971 on first reading and scheddle the public hearing for April 12th. Seconded by Councilman Griffin, Roll call vote - Councilmen Whitak~r aye;~Walls aye; Scott aye; Griffin.aye; Comcowich aye~ Vare aye; Mayor' Homeyer aye. Motion c~rried. ~ ~ :'~'. . : · Annexations Annexations - Manager Wurl presented to ;Councll the petitions and pta~ts ~f the annexation ~" entitled Open Space Annexation #1. Further reported this was reviewed by the Planning and Zoning Commission and they recommended that the City .attempt to pick up the lots not presently included in the annexation. Manager Wurl stated the City has not been able to contact :the owners, they are out of~t~he coun,t~y. :: Annexation plats sUbmitted include Lots 1, 2, 3~ 6 and 7 in BlOck 1 of~Pitkin Mesa,; gol~ course property and Walter Mills property. 1146 Meeting Aspen City'Council Ymrc.h 8, !971 Manager Wurl pointed out t~he Tip¢o petition has.the Stipulation that if the deal with the City does not close, they :do not de'sire annexation. Mr. Mills petition has the stipulation that he would agree to annexation subject to a stipulation that ~x~m~xa~x~x~xa~x~ : aX/~m a total of six living units may be constructed on the 45,000 square feet. The total of six units shall' be'a minimum figure-at this time and this stipulation shall not .stop the petitioner, or his heirs' or'assigns from requesting any change of z,oning in t'he future Councilman Walls moved to instruct City Attorney Kern to draft the ordinance and resolutio~ for annexation ,excluding the Walter Mills propert~y unless the stipulation is dropped.' Seconded by Councilman Comcowich. Roll call vote - Councilmen Comcowich aye; Walls aye; Whitaker aye; Vare aye; Griffin aye; Scott aye; Mayor Homeyer aye. Motion carried. Councilman Walls moved to instruct City Attorney Kern to draft the ordinance and r,eso'lutior for annexation excluding the Walter Mills property unless the stipulation is dropped. Seconded by Councilman Comeowich. Roll call vote.'-' Councilmen CDmcowich aye; Walls aye; Whitaker aye; Vare aye.;'Gri'ffin~aye; Scott aye; M~yor Hom~yer aye~ Motion carried. Manager Wurl submitted a breakdown on sales tax revenues for the month of January. Councilman Whitakerleft Council Chambers. Buffalo - Councilmen Griffin informed Council the Colorado Department of Fish and Game are Buffalo trying to reduce the number of buffalo around the'Cherry Creek Reservoir. Suggestion was made by Mr. Orest 'Gerbax that'perhaps the City would like to have some. Council authorized Manager Wuml to look into the cost involved with havimg buffalo in t'his area. Councilman Griffin moved to go into executive session. Seconded by Councilman Scott. Ail in favor, motion carried. Council reconvened into regular session, whereupon Councilman Griffin moved to adjourn, seconded by Councilman 'Scott. Ail in favor, meeting adjourned at 6:40 p.m. morra~ne Graves, City Clerk