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HomeMy WebLinkAboutminutes.council.19730108 1399 Regular Meeting Aspen City Council January 8, 1973 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m. with Councilmen Scott Nystrom Ross Griffin, Jack Walls, Francis Whitaker, Acting City Manager Dennis Veeder and Student Representative Timber Dick. Minutes Councilman Walls stated the minutes of December 21mt should reflect that he left the Council room during the discussion of the Trueman Property. Councilman Walls moved to approve 'the minutes of December 4th, 6th, llth, 13th, 18th, and 21st as corrected. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councilwoman Markalunas and Councilman James Breasted arrived. Councilman Whitaker moved to approve the accounts payable as presented. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor H~imeyer aye. Motion carried. Councilman Nystrom agreed to review the accounts payable during the months of February, March and April. Weed Mr. Bob March was present and submitted to Council material relating to the authority Control. granted to local entities to establish weed control districts. Requesting the City along with the County fund this project without the formation of a district or mill levy. Feel the thistle and burr type weeds are a nuisance. Feel it should be county-wide. Council stated they were definitely opposed to a tax levying district. Reques~ Mr. Marsh contact the Connty Commissioners as to their feelings on the matter and then report back to Council. City Attorney Arthur Daily arrived. Lodge Assoc. Tabled, no one present. Letter r Lot 13 Cap- Councilman Whitaker suggested the City consider purchase of this lot which falls in the itol Hill middle of other lots owned by the City in this area. It was established the lot is owned Addition~ by Fred Pierce. Councilwoman Markalunas moved the City Council order two appraisals on this lot and con- tact the owner to see if it is for ~ale. Seconded by Councilman Breasted. Ail in favor, motion carried. Councilman Walls moved to hold the appraisals until it is established as to whether the property is for sale and at what price. Seconded by Councilman Breasted. Roll call vote- Councilmen Nystrom aye; Breasted ayes; Griffin aye;~Markalunas nay; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Council requested Mr. Veeder check into this. Winterskol Representative present and request streets or street be closed for ice sculpture. Council Requests requested they contact the business owners within a certain block and obtain their approv-,~ al in writing, then contact the Mayor for consideration. Request permission to use Paepcke, Park for the dog event which will probably be only a dog fashion show. Council agreed. Motor Cross Questioned Council if there would be any objection to using the Trueman Property (railroad) Races Council had no objection but required racingmufflers to be used. Further requested the City plow the course for the motor cross races. Council agreed, but requested sufficient notice be given to the Street Superintendent. Council stated they disagreed with the use of Rubey Park for the bonfire. Canyon Mr. Dual, ay request the Council consider City legislation for violations of stealing the Cable TV cable signal and equipment. Mr. Dunaway stated there are State regulations and to pro- secute one must go through the district attorneys office which is a nuisance type to crime to prosecute. Council requested the City. Attorney research this and work with Mr. Dun- away on this and report at the next meeting. Ambulance Mr. Alfred Braun was present and requested funds from the City for the purchase of a more ~,~ Association up-to-date ambulance. Will be requesting funds from the County and will also apply for a grant. Presently need a resolution that the City will participate and guarantee the equipment as a con~nunity program. Total cost' of about S12,000 to $14,000. Councilman Griffin moved to approve the seeking of federal funds to purchase a modern am- bulance and a resolution be so prepared. Seconded by Councilman Walls. Ail in favor, motion carried. 1400 Regular Meeting ~ Aspen city council~ .... January 8, 1973 __ Councilman Griffin stated he would have more information by the next meeting, Council Ross Griffin should decide which property in the golf course area they desired to build on: 42,000 sq. Manager Housing ft. north of Wally Mills residence or on a portion of the 7 lots zoned R-15. Mayor Homeyer opened the public hearing. City/County Planner Herb Barrel submitted Hotel Jerome zoning map showing the location of the application and report from the Planning and Rezoning Zoning Commission. Application is to change the zoning from R-6 to AR-1 for four lots that are part of the hotel ownership. History backgroumd included the following: 1956 entire north one-half of the property was zoned R-6; 1967 in conjunction with the Master Plan was changed to the current zoning which is the four lots R-6 and remaining parcel C-i; 1969 application was made to change from R-6 to C-1 which was denied by the City. Planning and Zoning~ Commission rec6mmends the zone change with the fOllowing conditions: (1) intent of the commission that the zone change be mad~ to acconnnodate site planning rather than a density change, higher density may be constructed on.the fou~t~ts than? now allowed - density calculated on the entire premises and density not exceed that allow- ed with present zoning. (2) review of the circulation, landscaping plan, design com- pliment the hotel and adjacent area; (3) designation as historic by agreement; (4) under- ground parking. Mr. John Gilmore, owner of the hotel stated since the purchase of the hotel in 1969, it has been operating at a lost. Presently have 35 rooms which do not justify the expenses in operating the hotel. With the rezoning would increase to approximately 100 rooms. Layout sketches were reviewed with. the Council. The following points were also made by Mr. Gilmore: pool will be year round and smaller than present pool (private); parking underground would be about 25 to 30 spaces. Mr. Bartel explained the Planning and Zoning Commission felt Mr. Gilmore should be allow- ed to lease parking as in the C-C zone. The open space will exceed what is required if the pool is not covered. The site plan will be a covenant with the land. Mr. William Dunaway adjacent property owne~ stated he was in favor of this rezoning as it would allow for site planning by the P & Z and further would permit the potential of garden area adjacent to Main Street. Joam Lane questioned if Mr. Gilmore would be providing employee housing. Mr. Gilmore _ stated yes but would probably not be on the hotel property due to the'expense of the land. Karyl Roosevelt stated she was in favor of the application. Question raised by Council if this would be setting a precedent for the area north and west of this property. Mr. Barrel explained the development of this property would be toward Main Street and the center of this property which will help to alleviate this problem. Also with the conditions set down by the P & Z there~wl~ ben, more control than with present zoning. Robin Molny, architect for the proj~ect, stated the heights of the building will be with- in the regulations. Mr. Barrel informed Council of the letters received and asked that they be made a part of the file: Mr. & Mrs. Light approve with conditions as outlined; Berko's approve with conditions; Mary Hayes opposed; Estate of Barbara Ba~ker and Brumder opposed. Mr. Molny stated that if the Council is in favor of this application the City Attorney should be asked to draft an ordinance for consideration so that the planning program can proceed. Mayor.Homeyer closed the public hearing. Councilman Breasted questioned if he had a conflict of interest in this matter since he did sign the Planning and Zoning Resolution as the Vice Chairman of that commission. City Attorney stated he felt Mr. Breasted did have a conflict and should not vote. Councilman Nystrom stated he has bid on projects in which Mr. Molny is the architect. City Attorney Daily stated he did not feel this would be enough of a conflict to abatain from ~oting. Mr. Gilmore stated yes he is in agreement with the conditions established by the P & Z but would request the conditions be further defined ..... Councilman Whitaker moved that the City Attorney be requested to draw up the necessary ordinance to remone the property and request the applicants' attorney to work with the City Attorney on the other necessary documents to implement the conditions. Seconded ~ by Councilwoman Markalunas. Roll call vote - Councilmen Whitaker aye; Walls abstain; Mar'kalunas aye; Griffin aye; Breasted abstain; Nystrom aye; Mayor Homeyer aye. Motion carried. 1401 Regular Meeting Aspen City Council January 8, 1973 Councilman Walls suggested the City Council hold a s.tudy session with the Planner and discuss task force for ma,stet' plan amendments and a regional Planning Commission. ~Council agreed to meet on January 18th at 5:00 p.m. Ski Racks on Councilman Breasted stated he felt this would be a service to provide and would also help Sidewalks the shop owners. Councilman Breasted moved to request the City Attorney draft the nec- essary documents to instigate this. Seconded by Councilman Whitaker. Ail in favor, motion carried. Police Councilman Breasted wished to draw to the attention of the Council the amount of time Blotter spent by the police department acco~mLLodating the vehicle. Chief Ritchey stated, 60% of theofficers time is spent on traffic related problems. Dispatchers spend 45% of their time on traffic ~poblems and one officer as a parking control officer spends 40 hours a week, in the downtown area. Chief gave the following breakdown: parking ticket 2~ to 3 minutes, moving violation 10 to 15 minutes, drunk driving 2~ to 3 hours, towing per veh- icle-15 to 20 minutes, 72 hour sow 30 minutes, private parking complaint 45 minutes to one hour, release of vehicles 15 to 45 minutes in the winter and 10 to 15 minutes in the summer, accidents 45 minutes at the scene and 30 minutes to write the report, accident with injury one to two hours, traffic court about one hour per week per officer. Council requested the City Clerk to advertise the vacancies coming up on boards and commissions. RSA audit was submitted. Attorney Daily requested an executive session on Tuesday at 5:15 to discuss a potential law suit. Council concurred. Mr. Dunaway.oB the Aspen Times discussed with Council the right of the public and press'to be aware of who the parties are that are involved. ORDINANCE Mayor Homeyer opened the public, hearing, Mayor Homeyer'ctOsed the public hearing. #22, SERIES OF 1972 Councilwoman Mar'kalunas moved to read on second reading Ordinance #22, Series of 1972. Seeonded by Councilman Walls. Ail in favor, motion carried. ORDIBI~NCE #22, SERIES OF 1972 AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF ASPEN~ COLORADO~ DATED APRIL 3~ 1967~ AS AMENDED~ TO REZONE THOSE CERTAIN AREAS WITHIN THE CITY OF ASPEN KNOWN AS "FREDDI~ FISHER" AND "UTE CEMETERY" was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance #22, Series of 1972. Seconded by Councilwoman Mar'kalunas. Roll call vote - Councilmen Nystrom-aye; Breasted aye; Griffin aye; Walls aye;M~rkzlunas aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. ORDINANCE Mayor Homeyer opened the public hearing, Mayor Homeyer closed the public hearing. #24, SERIES OF 1972 Councilman Whitaker moved to read on second reading Ordinance #24, Series of 1972. Se- conded by-Councilman Walls. All.in favor, motion carried. ORDINANCE #24, SERIES OF 1972 AN ORDINANCE AMENDING SECTION 2-91 OF CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERTAINING TO THE PAY SCHEDULE AND POSITION CLASS- IFICATION~OF THE. E~fPLOYEES~OF THE C~ITY' OF ASPEN ~as read by title.by the City Clerk. Councilman Breasted moved to adopt Ordinmnce #24, -Series of 1972. Seconded by Council- man Whitaker. Roll.call vote - Councilmen Whita'ker aye; Walls aye; Markalunas abstain; Griffin aye; Breasted aye; Nystrom aye; Mayor Homeyer aye. Motion carried. ORDINANCE Mayor Homeyer opened the public hearing, Mayor Homeyer closed the public hearing. #23, SERIES OF 1972 Councilman Walls moved to: read Ordinance #23~ Series of 1972.on second reading. Seconded by Councilman Nystrom. Ail in favor, motion camried. ORDINANCE #23, SERIES OF 1972 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 31~ 1972 was read by title by the City Cler'k. Councilman Nystrom moved to adopt Ordinance #23, Series of 1972. Seconded by Council- man Whitaker. Roll call vote - Councilmen Griffin aye; Markalunas aye; Walls aye; Breasted aye; Whitaker aye; Nystrom aye; Mayor Homeyer aye. Motion carried. RESOLUTION Councilman Whitaker moved to read in'Bull Resolution #1, Series of 1973. Seconded by #1, SERIES Councilwoman Markalunas. Ail in favor, motion carried. ~'~OF 1973 RESOLUTION NO. 1, SERIES OF 1973 WHEREAS, the City of Aspen is the owner of that certain property lying northerly of State Highway No. 82 and commonly known as the "golf course property"; and Regular Meeting Aspen City Council January 8, 1973 WHEREAS, the Aspen City Council desires to prohibit the use of motorized vehicles on said "golf course property", except those vehicles specifically authorized by the City Manager, MOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen that no motor vehicles of any sort shall be used or operated or otherwise taken upon the'"golf course ~ property'! owned by the City of Aspen except (a) vehidles belonging to agencies of the City of Aspen, and (b) any other vehicles whichh~e received the prior authorization and permission of the City Manager of the City of Aspen. BE IT FURTHER RESOLVED, that persons violating the foregoing prohibition shall be deemed and considered trespassers on City-owned property, and shall be prosecuted accordingly under the trespass ordiann~'e of the ~spe~ Municip~l~Code. Councilman Walls moved to adopt~Resolution #1, Series of 1973, seconded by Councilman Griffin. Roll call vote - Councilmen Nystr.om' ayes; Breasted aye; Griffin aye; Mar'kalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilman Walls moved to read Resolution #2, Series of 1973. Seconded by Councilman RESOLTUION #2, Whitaker. All in favor, motion carried. SERIES OF 1973 RESOLUTION #2, SERIES OF 1973 WHEREAS, under the provisions of Section 22-27 of the Aspen Municipal Code, the City Council has the authority to establish appropriate charges in connection with the storage of impounded vehicles; and WHEREAS, the current impound storage fee of $1.00 per day has become inadequate to meet the costs incurred ~by the City in connection with such impoundment, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen that henceforth the storage charge for the impoundment of vehicles under the provisions of Article II of~'Chapter 22 of the Aspen Municipal Code shall be $2.00 per day. BE IT FURTHER RESOLVED that all prior resolutions or motions of the City Council in con- flict herewith be and the same hereby are declared rescinded and of no further effect. Councilman Whitaker moved to adopt Resolution #2, Series of 1973. Seconded by Council man W&lls. Roll call vote - Nystrom aye; Breasted aye; Griffin aye; Mar'kalunas aye; Walls aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker moved to read. Ordinance #1, Series of 197~3 on first reading. Second- ORDIBANCE ed by Councilman Walls, all ~n favor~with the exception of Councilwoman Mar'kalunas who #1, SERIES OF voted nay. Motion carried. 1973 ORDINANCE #1, SERIES OF 1973 AN ORDINANCE REPEALING CHAPTER 18 OF THE ASPEN MUNICIPAL CODE IlfCITLED "COMPULSORY REGISTRATION OF EMPLOYEES IN OCCUPATIONS AND INDUSTRIES CRITICAl TO THE ECOMONY OF THE CITY OF ASPEN~ COLORADO" was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance #1, Series of 1973 on first reading. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas may; Griffin aye; Breasted aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Council agreed to hold a~public hearing for Histori~c~Zoning of the Wheeler Opera House for February 12, 1973 at 5:00 p.m. Councilman Walls moved to go into executive session, seconded by Councilman Nystrom. Ail in favor, motion carried. Councilman Walls moved to reconvene into regular session and adjourn, seconded by Council- man Nystrom. All in favor, motion carried. Meeting adjourned at 7:25 p.m. x- ~orrazne Graves, City Clerk