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Home My WebLink Aboutminutes.council.19730212Regular Meeting Aspen City Council February 12~ 1973 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m., with Councilmen Scott Nystrom, James Breasted, Ross Griffin, Ramona Markalunas, Jack Walls, Francis Whitaker, City Attorney Arthur Daily andCity Manager Russ Campbell. Councilman Breasted moved to approve the minutes of January 22, 29 and February 5th as prepared and mailed by the City Cler'k. Seconded by Councilman Nystrom. Ail in favor,~ motion carried. Councilman Nystrom moved to approve the accounts payable as presented by the Finance De- partment. Seconded by Councilman Griffin. Roll call vote - Councilmen Nystrom~aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Mrs. Connie Harvey and Mrs. Joy Caudill were present and outlined to Council on a map the Wilderness Wilderness areas: the proposed areas already under study, those areas existing as Wild- Study, Hunter erness areas and the area they desired the City and C.ounty support as being included in Creek a study for designation as wilderness, 70,000 acres. Forest Service is proposi~thia? area be~put under a partial management - do not agree with~.this designation as it leaves too much up to administrative decisions. Mr. ~ohn Burns, Forest Service, reported to Council the Forest Service is negotiating with McCullough for purchase of land in this area, feel a designation of wilderness at this time may interfere with these negotiations. Further the Forest Service will have a pro- posal ready this week as relates to what is planned for the Hunter Creek back country partial management. AlthoBgh~a~part%al management decision is administrative,~the same procedures as for wilderness designation would be required. Request City Council table this request at this time pending the report and decision on the land negotiations. Councilwoman Markalunas moved~t0'.give the Forest service'a~iti0nal'time to submit their management program f0rlthe Hunter Cree~k area. Seconded by Councilman. Wa!!s~ .Roil call vote - Counci!men. Whitaker. aye; Walls aye; Markalunas aye; Griffin aye; Breasted aye; Nystrom aye; Mayor Homeyer aye. Motion carried Council suggested a study session be planned for this item wi~h the County. City/County Planner Herb Bartet and Mr. Ted Armstrong, Parks and Recreation Director, were ~i'ke Trail present to-submit to Council for their approval and authorization for signatures the Easements ease~emts with the following: James and Alberta Moore; ~spen School District and Pitkin County. Mr. and Mrs. Moore requested an easement back across the Moore Property so that access can ~be gained to their subdivision, and Mr. Armstrong submitted a letter agree- ment authorizing this. Also letter ag=eement with the County that-if the easement has 1411 Regular Meeting Aspen City Council February 12, 1973 been abandoned by the City for.'2 consecutive years, the easement would revert batik to_ Pitkin County. Maps were reviewed showing the location of the easements. This easement would 'connect with the Forest Service trail along Brush Creek to Snowmass. Easements proposed include 1~ to 2 miles ann would b~e 15' wide. Councilman Breasted stated his concern for bicycle paths that are not in connection with highways due to the lack of maintenance of same. Mr. Barrel explained this trail would be multi-purpose - pedistrian, bicycle, cross country skiing. Councilman Walls moved to autho~iz~the~May~r~to s!gn'th~ easements as p~e. sented.. conded~by Co.hneitm~n~hit-ake~ Att~im~favor, motion carried. Councilman Walls moved to accept the easements as presented. Seconded by Councilman Whitaker. Ail in favor, motion carried. ORDINANCE #2, SERIES OF 1973 - Mayor Homeyer opened the public hearing. There being no comments, Mayor Homeyer closed the public hearing. Councilman Walls moved to read by title Ordinance #2, on second reading. Seconded by Councilman Whitaker. Ail in favor, motion carried. ORDINANCE ORDINANCE #2, SERIES OF 1973 AN ORDINANCE AMENDING CHAPTER 13 OF THE ASPENMUNICIPAL #2, SERIES CODE BY ADDING THERETO SECTION 13-42MAKING IT UNLAWFUL TO INTERCEPT CATV TELEVISION OF 1973 SIGNALS WITH OUT THE PRIOR AUTHORIZATION OF THE DISTRIBUTING COMPANY~as read by title by~the City.Clerk. Councilman Breasted moved to adopt Ordinance #2, Series of 1973. Seconded by Councilman Walls. 'Roll call vote'- CouncilmenNystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE Mayor Homeyer opened the public.hearing~ #3, SERIES OF 1973 Councilman Whita'ker suggested additional wording be added t~ Page 3 relating to a clear- ance under the Ski racks and skis for snow removal purposes. City Attorney Daily drafted the following amendment to the ordinance: "If of the wall- mounted type, all-ew a minimum clearance for purposes of snow removal and ordinary side- walk traffic, of at l~ast six (6) feet between the nearest curb and the furthest pro- tr~sioh of the~ rack, AND OF AT LEAST 6" FROM THE LOWEST PART OF THE RACK AND OF THE SKI CARRIED BY SUCH RACK AND SIDEWALK." Amendment in caps. Mayor Homeyer closed the public hearing. Councilman~Whitaker moved'to re~d Ordinance #3, as amended. Seconded by Councilman Nystrom. All in favor, motion carried. ORDINANCE,~#3, SERIES 0F~1973 AN ORDINANCEAME~DING CHAPTER 19 OF THE ASPEN MUNICIPAL CODE BY ADDING ARTICLE VI THERETO ESTABLISHING PROCEDURES FOR OBTAINING PERMITS FROM THE CITY OF'ASPEN TO INSTALL AND OPERATE PUBLIC SKI STORAGE RACKS ENCROACHING OR LOCATED UPON PUBLIC RIGHTS OF WAY was read by title as amended by the City Clerk. Councilman Nystrom moved to adopt Ordinance ~3, Series of 1973 as amended. Seconded by Councilman Breasted. Roll call vote - Councilmen Griffin aye; Markalunas aye; Nystrom aye.; Whitaker aye; Walls aye; Breasted aye; Mayor· Homeyer aye. Mo~ion carried. ORDINANCE Councilman Griffin moved to read on second reading Ordinance #4, seconded by Councilman #4, SERIES White'kef. Ail in favor, motion'garried. OF 1973 ~ w ORDINANCE #4, SERIES OF 1973 AN ORDINANCE AMENDING SECTION 20-2~ SUBSECTION {a}~ AND SECTION 20-3~ AND SECTION 20-4~ AND SECTION 20-5~ AND SECTION 20-6~ AND SECTION 20-7~ AND SECTION 20-10~ AND REPEALING SECTION.20-tl~ OF THE MUNICIPAL CODE. OF THE CITY OF ASPEN~ COLORADO~ TO ADD THE DIVISION OF LAND INTO CONDOMINIUM INTEREST AND CERTAIN OTHER SEPARATE ~R COMMON INTERESTS~'TO THE ~ DEFINITION~ OF~; !'SUBD IVISION~' IN CHAPTER 2'0 ~ AND TO AMEND CERTAIN OTHER PROVISIONS OF SAID CHAPTER 20 IN.'.ACCORDANCE WITH SUCH CHANGE IN DEFINITION, AND~TO GIVETO:PLANNING COMMISSIDN AND T,HE CITY~COUNCIL THE AUTHORITY TO GRANT~EXCEPTIONS-~TO THE~STRICT APPLICATION OF~HAPTER~20 AND EXEM~TIONS~.FROM THE DEFIN~ ITION OF SUBDIVISION tN~-.APPROPRI~kTE CASES was read'by title by the City Cler'k. C.onnci-lman-Wall.s moved to ad~p§ Ordinance #4, Series.of 1973 and the same become effect- ive immediately. Seconded by Councilman Whita'ker. Roll call vote - Coumcilmen Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion c.arried. t412 Regular Meeting Aspen City-Council February 12, 1973 Mr. Barrel outlined the procedures for Historic Overlay D~signation. Public Hearing Wheeler Opera Mr. David Finholm, Chairman of the Historic 'Preservation~Committee submitted~the favor- House His- able recommendation from the P & Z and HPC to Council and stated it was felt the Wheeler toric Opera House does meet the criteria of h~storical, architecturally and geographically Designation fitting for H Overlay Designation. Request at this time, Council instruction for the drafting of an ordinance. Mayor Homeyer closed the public hearing. Councilwoman Markalunas moved that an ordinance be prepared designating the Wheeler Opera House as Historic Overlay on the zoning map of the City. Seconded bI Councilman Nystrom. Ail in favor, motion carried~ Councilwoman Mar'kalunas suggested that since the.matching funds from the Federal Gov- ernment for improvements to the Opera House will not be available for at least 18 months the Cities $20,.000 be utilized for the immediate repeirs needed for the exterior of the building. Council request the City Manager'and Planner work out what can be done and what items are most important on the Opera House at this time for $20,000. City Manager Campbell stated the Chief of Polio e, Dog Catchers and Veterinarians have Dog Licensing found a proposed solution to the problem of vaccination and licensing as relates to control of same. Chief Ritchey made the followinglproposal~ licensing of,dogs be accomplished at the same time as vaccinating of animals. The licenses be issued by the veterinarians. Advan't=' ages would be this would cut down the bookkeeping for the City, contact with the problem is constant, thus creating better control. Suggest the fee be lower as it is impossible for this program to be self-sustaining. Fee suggested of $1.50 which is minimal; Sees collected will increase.because of the control. Licenses issued would be City/County. Further suggested the rates for 2nd, 3rd etc. offenses be increased sharply over what is presently charged; feel impound fee should be increased to either $4.00 or $5.00. License should also run from~vaccination date to vaccination date. Council request the Chief & Dog Warden work out a fee schedule that is acceptable to the County and then~proceed'with the drafting of an ordinance. City Manager Campbell request from Council guidance and direction with regards to the City Hall use of the present City Hall. Space has been discussed with staff members, and is be- Space Re- coming a problem. Demands upon the City call for more space or better utilization of quirements existing space. The lack of space causes frustration and communication problems. Space required i.e. bathrooms; enlarge planning and building inspectioB and engineering offices; parks and recreation office, information center. New joint facility with~the City or another City Hall complex would be a squeeze on the budget over the next few years and looks li'ke 8 or 9 years down the road. The space is critical now. Present City Hall was built in 1888 and has the~following advantages: historical significance; location in the downtown and,~the results would be accomplished in a.s.horter length of time at a~ !ess cost. Study was.done by.Mason & Morse in 1970, value of the building .was. S.!90,000. Remodeling 'est'imate Under capital improvements in 1972 was $390,000 for.~em0deling of this ~ilaing andut'iiization 'of the 3rd floor.' ' The outside portion of the building could be made exciting and the 'inside could be made functional. ' ' City Manager Campbell suggested to Council rather than a facility~adjacent to City Hall Public on the north side, portable or stationary facilities perhaps in different areas of the Restrooms downtown would better fit the need of the tourists population. Facility proposed could be made attractive, less~cost than proposed for installation adjacent to City Hall, $5,000 or $6,000 each, to make year around would be an additional $!,000 a year...Fac~!it~ would not inc!ude.sh~wers. Suggested location: wagner Park, Paepcke Par'k'and Herr0n'Par'k. City Manager camPbell.reported the Chief is trying to find'space for a'joint facility for Police.and Sher%ff. Best and most logical locati0n'is~'the basement of the Court · House, this would free.some sPace in city Hal%'for administrative purposes, chief has app!ied.for federa!.grant fundS.fqr j?~n~ifacilitles.'"Pro~lem in 6ombining facilit- ies in the~court house is finding a residence for the sheriff and family. Councilman Walls stated he felt because of the structural-configuration of the building the building is not flexible. Council request the City M~nager obtain architectural opinions on the building and cost estimates. Regular Meeting Aspen City Council February 12, 1973 Water Rates City Manager Campbell suggesC the C~uncil consider a rate study to analysis the meter rate vs~ flat rate and the water department as a self-sustaining department. There are consultants in De~ver who specialize in rate studies and they could belhere in 6. weeks. At this time do not 'know what they would charge for this service. Discussed inequities of the present ordinance. Council request Mr. Campbell contact the consultant and schedule a meeting with Council for a presentation. Subdivision, City Attorney Daily stated perhaps Council would like to review the ordinance as to the Ordinance #4 amendments made since last reading. Councilman Whita~ker moved to reconsider Ordinance #4, Series of. 1953. Seconded by Council- man Walls. All in favor, motion'carried. City Attorney Daily pointed out the following additions to the ordinance which have been reviewed by the realtors: Page 3 Section 4 (a), last sentence - "Provided, that a writ- ten agreement to sell or lease which is expressly conditioned upon full compliance by .the seller with the subdivision code of the City of Aspen within a specified period of time and which expressly recites, that seller's failure to satisfy such condition-within said time period shall terminate the agreement and entitle the buyer to the prompt return of all'monies theretofore paid by buyer under said agreement, shall not constitute a viola- tion of this subsection (a)." Page 6., Section 20~10 (a) (3) Second sentence of the par- agraph and Page 6a Section 20-10 (b) Second sentence have been added. Council questioned the necessity for rules and regulations as Outlined in the amendments om page 6 and 6a. City Attorney Daily stated he did not feel they would be essential to the ordinance. Councilman Breasted moved to pass Ordinance #4, Series of 1973 as amended to delete the amendments as Outlined by the City Attorney this date on Pages 6 and 6a. Seconded by Councilman'Walls. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carmied. ORDINANCE Councilman Breasted moved to read on second reading Ordinance #5, Series of 1973. Se- #5, SERIES conded by Councilman Griffin.. All in favor, motion carried. OF 1973 ORDINANCE #5, SERIES OF 1973 AN ORDINANCE AMENDING SECTION 24-8~ SUBSECTION (b~, USES- CONDITIONAL (2) OF THE MUNICIPAL CODE OF THE CITY' OF ASPEN~ COLORADO~ TD PERMIT SKI RUNS~ SKI LIFTS AND OTHER SKIING FACILITIES AND STRUCTURES AS ADDITIONAL CONDITIONAL USES IN AF-AGRICULTURAL/FORESTRY ZONING DISTRICT Was read.by title by the City Clerk. Councilman Whitaker moved to-adopt on first reading Ordinance #5, Se=les of 1973. Se- conded by Councilman Breasted. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Sunshine Council~greed to table this item pending appropriate legislation in the State Legislature. Act Public Council agreed to discuss the legal requirements in a study session with the Manager, Malls Planner and~Finance Director. Interim Mr. Daily reported Colorado has no case l~w on this, has been upheld in other states. Zoning Legislation Councilman Whitaker moved to instruct the City Attorney to draft an ordinance for con- sideration at the next regular meeting. Seconded by Councilman Breasted. Ail in favor, motion carried. Councilman Griffin reported newspapers have carried articles that Rocky Mountain Natural Gas is trying to obtain gas from the Rulison project and Aspen is in l~ne for testing of this gas. Council request the City Manager check this out and perhaps write to the PUC and AEC. Councilman Whitaker moved to adjourn at 6:50 p.m., seconded by Councilman Walls. Ail in favor, meeting adjourned. ~-~rrazne Graves, City Clerk