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HomeMy WebLinkAboutminutes.council.19731015 Renu!ar Meetin~ Aspen City Council Octo.ber 15~ 1973 Meeting was called to order by Mayor Stacy Standley at 5:05 p.m. with Jenifer Pedersen, James Breasted, Ramona Markalunas, Jack Walls and City Attorney Sandra Stuller. Minutes Councilwoman Pedersen moved to approve the minutes of 9/24/73 and 10/1/73 as prepared and submitted by the City Clerk. Seconded by councilman Breasted. All in favor, motion carried. Accounts Payable Council questioned items numbered 206, 265, and 234. Councilman Breasted moved to ap- prove the accounts payable as submitted Seconded by Councilwoman Pedersen. Ail in favor, motion carried. ~itizen a. Jerry Ross representing Trout Unlimited read statement requesting Council consider Participatio in the budget for 1974 implementation of Phase I of the Urban Run-off Management Plan.' Mayor Standley reported Phase I would cost $440,000 which is beyond the financial cap- ability of t~ City in 1974. Council has discussed, in budget sessions, implemention of the settling ponds which would amount to $50,000. Councilman Pete DeGregorio arrived. ..Regular Meeting (cont.~ ' Asnmn C~tv ~m,,nci] ~ October 15 Further request Council consider a requirement for environmental studies for al! construc~ Constructiom projects. It was pointed out by Council the additional financial burden~'and time would projects not be appropriate for all construction or for all areas of the City. Cit~ Manager Russ campbell arrived. ' b. Mr. Fred Smith request Council seriously con'ideM sidewalk district in the AR zone .?~ Sidewalk along the bottom of the mountain. "' district c. Mr. Fred Smith reque~ Council check into the large'.dump'sters being utilized by the dumpsters Aspen Trash service. Placement of same in alleys and on streets look very ugly. Mr. Willard Clapper, representing Rocky Mt. Natural Gas was present tO answer anM quest- Rocky Mountain ions' and to receive comments of the Councif relating to the rate increase before the PUC Natural Gas this date. Mr. ClaPper mentioned to Council the increase is company wide, presently installing 75 mile's of 6" line northwest'of Craig which will provide between 7 and 8 mil~ li~n cu ft. per day. The increase is needed to keep up with the demands. Mayor Sta~dley opened the public hearing on a~ application for a beer and wine license Ramel's Deli & to be located in the Concept 600 Building on East Main Street. Mr. Ramel and his Attorney Grill Marry Kahn were present. City Clerk reported n° application had been mad~-fOr ~his loc- ation within the last two years, there presently exist 5 licenses of this type in the City limits, survey map is submitted and fiie is complete'which is befOre the Council. City Attorney reported, through her investigation, the nursery schoOl presently operating out of the basement of the Catholic Church is in no way considered a school as outlined in the State Liquor Code. Attorney Kahn sUbmitted petition to Council and stated he had talked with members of the City Council following previous application which was denied for a three way license'- and they stated it would not be necessary to recall the witnesses who appeared at the last. hearing. As~ at this time that the prior record of witnesses he introduced for this hearing and rest the case at this tzme. No remonstrances or opponents to the application.were presented. Mayor Standley c~osed the public hearing. Councilman DeGregorio moved to approve the beer andw'zne~ap~pizcanzon~' -' submitted, by Ramel's Deli & Grill, Inc. as sUbmitted. SeConded by Councilman'Walls. Roll call vote - council- m~n PederSen aye; Breasted aye; DeGre~orio aye; Markalunas aye; Walls aye; Mayor Sta~dleY aye. Mo~tion carried. ORDINANCE #26~ SERIES OF 1973 - Second Readin8 (Amende~.) Ordinance # 26 Councilman DeGregorio mOved to~ead Ordinance # 26, Series of 1973 on second reading as amended. S~conded ~y Councilwoman Markalunas. Ail in ~favor, motion carried. ORDINANCE # 26, SERIES OF 1973 - AN ORbINANcE AMENDING SECTION 13-23 OF THE MUNICIPAL CODE MAKING IT UNLAWFUL TO POSSESS OR HAVE IN CONTROL ANY MALT,. ~INOUS OR SPIRITUOUS LIQUORS UPON A~Pf STREET, ALLEY, SIDEWALK OR OTHE~ PUBLIC PROPERTY IN A CONTAINER WHICH IS NOT SEALED OR UPON WHICH THE SEAL IS BROKEN was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #26, Series of 1973 on second reading as amended~'~Seconded'by CoU~6iiman~Walls. Roll call vote - Councilmen Walls aye; Markalunas aye; Degregorio aye; Breasted aye; Pedersen aye; Mayor Standley aye~ Motion carried. Councilwoman Pedersen and Councilman Behrendt submitted memorandum on their research Bus Proposals of buses~~ Mrs.. Pede=sen out. lined, t.he criteria in the memorandum which was used to reach the follow- ing conclusion:. City Purchase four used urban transit buses at a cost of $16,000 plus additional maintenance stsl~rmngmRg~i~the to~al~o~$2O~i000, committee felt thatbecause of the unknown factors at this time (number of buses needed to do the job; type of ser- vice required by the community;. cooperative arrangements with other transit facilities in the area etc.) the initial expense should be relatively low for equipment thus giving the City flexibility for a more permanent solUtion. Committee'believes the ultimate solution would be open-sided, step-on step-off buses. This type of bus would greatly minimize the turn-around time as people would be able to exit from the bus from four corners rather than through the doors. The style of the vehicle would reflect the co~nity in a positiw way; 'the openness would harmonize'with'the vastness of our landscape; the need for added ski racks would be eliminated and such a vehicle Would be fun to ride. Sketch of this Type of bus, which was proposed in 1968 was shown to Council. Mr. Tom Wells, .wh° had the complete file of 1968 proposal, s-t.ated at tha~ time it was determined advertising could be sold to meet the cost of the buses per year. Committee further reported the permit parking in the downtown a~ea will be a source of revenue and a dete~rm~t from utilizing the automobile - this should be instigated as soon as possible. The chassis for the buses could be purchased through San Juan. They will also build the bus from the outline and/or plans given ~hem by the City. Mr. Paul Linn of San Juan, ~tated they would not have buses any smaller than 45 person capacity that the City coutd use this winter. Councilman DeGregorio suggested the City use their recreation buses this winter and moved that the City ask San Juan to run on an hourly time basis or what could be negoiated the the Cities recreation buses for the winter and the Council take action to get permanent buses by next summer. Seconded by Councilwoman Markalunas. Mr. Linn stated the arrangement would be cost plus 20% and to keep two buses running would require a 3rd bus as a reserve.bus. Councilman Michael Behrendt arrived. Manager Campbell stated he still felt their was alsck of information on which to pro- ceed. Ail in favor with exception of Councilmemhers Walls nay and Markalunas nay. Motion carried. Aspen Racing Mr. Joe Wilson was present representing thm Association. Proposed license agreement was Association, submitted which Mr. Wilson stated had approval of-the County Conmaissioners and previous Dump Site owners the Christensens. Stated the dump site was proposed as it is a safer place Request to ride and the.terrain is good. System of-trails could be constructed for all bikes and possibly snowmobiles in the winter time. The insurance, previously a concern, has been taken care of as outlined in the agreement. To date lack from the County Commis- sioners an established license fee. The area to be utilized has not been tied down. It was felt this would have to be flexible~so as not to interfere with dump operations. The area would be policed by the club, the track'would be open only at certain hours. Sug- gestion was made a performance bond be required to cover the restoration clause in the agreement. City/County Planner Herb Barrel stated he did not see any conflict with this use in that area. There is some BLMland adjacent to t~ dump which should be acquired. Councilman Behrendt moved to approve the license agreement with the insertion of a S1.00 license fee. Seconded by Councilwoman Pedersen. All in favor, motion carried. 'Highway City/County Planner Herb Barrel request Council ~approval of $6,000 as the cities share Requests in the cost of highway design program. County desires to include in this program 20 miles of Highway 82. County committment would be $24,000. State would pay the remain- der. Councilman Breasted moved to approve $6,000 as the-~ity's p~rtion of the highway de- sign for a 20-mile area on Highway 82. Seeded by Courmilwoman Markalunas. Ail in favor, motion carried. Larkspur Final Assistant Planner Donna Baer stated the name has b~en changed, previously called Les Plat & Rocheuses. Further stated approval is requested of the 47° cash dedication as well as Subdivision the plat and agreement. Planning and Zoning Commission has given and recommend approval. Agreement Applicant has followed the procedures of Ordinance #19. Council questioned the clause in the-agreement allowing for short term rental during holidays. This applicat%on was presented as long term housing. Council also stated their concern if a market exists for this high a price unit on a long term basis for local people, $60,000 to $70,000. City Attorney Stuller suggested the covenant also include a provision granting power of enforcement of the City. Councilman Behrendt moved to approve the subdivision plat and agreement and appraised value as stated in the document as submitted and direct the Mayor to sign the plat and execute the agreement providing two changes are-included: (1) delete statement "except that leases for shorter periods o.f ~time-shalI be permissible during the traditional Christmas and Easter holiday seasons", ~and (2) add to the agreement a,provision allowing for enforcement by,the City or-Aspen. Seconded by Councilman Walts.~ Roll call vote Councilmm Pedersen, aye; Breasted, aye; DeGregorio, aye; Markalunas, aye; Walls, aye; Behrendt, aye; Mayor Standley, nay; Motion carried. Encroachment Mr. Ken Moore was present and submitted his request and photos of the problem located - K.N.C.B. on Durant across from Rubey Rark, Since the building was constructed curb and gutter Moore have been installed, this request is made in order to change the design of.the steps on the front of the building. Ail buildings on the block are-higher than~the.street. Would be extending 1' out into the public' right-of-way. Councilman Behrendt moved to approve the request conditioned upon an agreement being signed with the,~Cityso that the City. would not be liable. Secnnded by Councilwoman Pedersen. Ail in-favor, motion~carried. Dr. Jack Crandall encroachment request. No one present to.represent the request. Coun- cilwoman Markalunas moved to table this~reque~t. Seconded by Councilman DeGregorio. All in favor, motion carried. a. Ordinance #29, Series of 1973 - Councilman Walls moved to read by title Ordinance #29, ORDINANCE #29 1973 on first reading. Seconded by Councilman Behrendt, Ail in favor, motion carried. ORDINANCE #29, SERIES OF 197B, An ORDINANCE REQUIRING CONTROL OF EMISSIONS FROM RESTAURANT GRILLS BY INCINERATION OR CONDENSING WITH METHODS APPROVED BY THE COUNTY ~IR POLLUTION AUTHORITY was read by title--by the City Clerk.- ...... Councilman Walls moved to adopt Ordinance #29, Series of 1973, seconded by Councilman Behrendt. Roll call vote - Councilmen Pedersen aye; Breasted aye; DeGregorio, aye; Markalunas, aye; Walls aye; Behrendt, aye; Mayor Standley, 'aye. Motion carried. b. Resolution #25, Series of 1973 - Councilman Walls mOved to include in the resolution RESOLUTION the name of Ross Griffin as the appointment to fill vacancy of Robin Molny who did not ac- cept the appointment. Secomded by Councilwoman Markalunas. Ail in favor, motion carried. RESOLUTION NO. 25 (Series of 1973) Whereas, the Aspen City Council by the adoption of Ordin- ance 19, series of 1973, established a building permit review procedure to be administered by the Planning and Zoning dom- mission, and Whereas, the city council is informed that the adminis- tration of the review procedures creates great demands on the time of the con~nission which has asked for the appointment of an advisory committee to make recommendations to the commission in its administration of Ordinance 19, and Whereas, the city council has considered nominees for ap- pointment to such a committe~ and from the nominations made have elected three persons to sit on the committee hereby created, now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That there be established an advisory cou~ittee for th e effective period of Ordinance 19, 1973, to make recommendations to the Planning and Zoning CoLm~Lission on its.deliberations in the processing of building permit applications under the pro- cedures and c~iteria of said Ordinance 19. 2. That the committee consist of the following three names persons: a. Chuck Vidal b. Ross Griffin c. Fred Smith 3. All members of the advisory coL~Littee shall be subject to removal by the council, which shall also make appointments to fill vacancies for the unexpired term of this committee. The committee shall elect its own chairman and shall operate in accordance with its own rules of procedure except as other- wise directed by council. All meetings shall be open to the public. Councilwoman Pedersen moved to adopt Resolution #25, Series of 1973. Seconded by Council- man Breasted. Roll call vote - Councilmen Pedersen, aye; Breasted, aye; DeGregorio, aye; Markalunas, aye; Walls, aye; Behrendt, aye; Mayor Standley,aye. Motion carried. c. Resolution #26, Series of 1973 - Councilman Walls moved to read Resolution #26, 1973. RESOLUTION"#26 Seconded by Councilwoman Markalunas. Ail in favor, motion carried. RESOLUTION N0.26 (Series of 1973) WHEREAS, the Aspen Municipal code and the Uniform Building Code incorporated therein designates the Board of Examiners and ~p- peals as the appropriate body for recommending local amendments t~ the Uniform Buitding Code for consideration by the City Council: WHEREAS, the City Coui~cil wishes to appoint a temporary advisory committee to make recommendations for such changes to the Boazd of Appeals and Examiners; and Whereas, the City Council has considered various architects, building contractors, and real estate sales persons to act in such an advisory capacity and have elec~ed~five such people to act,'~on this committee, alllof which persons have consented to act in this capacity, now THEREFORE, BE IT RESOLVED BY' THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That there be established an advisory coranittee for a period of one year from the date hereof to make suggestions~to the Board of Appeals and Examiners for local amendments to the Uniform Building Code and thstathe Committee consist of the fol- lowing fiYe& persons; a. Bruce Sutherland, Architect b. James Heard, architect c. Donald Westerlind., contractor d. Paul Johnson, contractor and e. Whitney Miller, real estate agent. 149I 2. Such committee shall consider local amendments to the Uniform Building Code for consideration by the Board of Appeals and examiners as possible recommendations to the cit~ council for changes to the Uniform Building Code. 3. Ail members for the advisory committee shall~ be subject to removal by the council which shall also make appointments to fill vacancies for the unexpired term of this com- mittee. The coLmaittee shall elect it.s own chairman and shall operate in accordance~with its own rules of procedure except as otherwise directed by the council. Ail meetings shall be open to the public. Councilman Walls moved to adopt Resolution #26, Series of 1973. Seconded by Councilman DeGregorio, aye; Markalunas, aye; Breasted, aye; Walls,aye; Pedersen, aye; Behrendt, aye; Mayor Standley,aye. Motion carried.. COUNCIL MEMBER a. Council woman Markalunas request the City Attorney draft the necessary documents COMMENTS to enable the City to establish improvement Districts. City Attorney reported same would be ready at the next meeting. Eatablish im- provement~ b. - Councilwoman Markalunas stated Resolution ~27 as prepared does not reflect the actiol Districts of the Council. The City Council did not adopt the Budget as stated in the resolution, only adopted the~ mill levy. City Attorney Suller stated the Charter provides that the Cit, adop~ a budget prior to setting a mill levy. Felt at the meeting the council was adopting' the budget in a tentative way, these figures can be amended at a later date. To eliminate that from the resolution would mean the City is not complying with budget procedures as outlined in the Charter. City Manager Campbell stated the~TCouncil is not violating the Charter. The resolution makes one aware that you have a certain amount Of revenue which is stated in the resolutio~ and the expenditures as a total are stated. The itemization of those~two figures are what Council is presently working on. Staff is going on the failsafe clause of Section 9.8 of the Charter. City ~o~ney ~tutt~ ~o:~request ~n~×tension of time for certification of the budget and tax levy. Impounded c.- Mayor Standley suggest the City investigate~utilizing the impounded bicycles as a free bicycles means of transportation in the City. Council membezs stated the concept was good but would require additional study before implementation. City Attorney Stuller pointed out all impounded bicycles, by law, must be sold at an auction. Pledge for d.- Mayor Standley relayed a request from the Junior Class for a per-bag pledge from the trash col- City for trash collection. lection Councilman DeGregorio moved that the City donate a nickel per bag toward the collection. Seconded by'Councilman Behrendt. Ail in favor, motion carried. Ptarmigan e. Councilman DeGregorio stated that since the Ptarmigan has been closed down this Lodge would be a good time for theCity to meet with them on their lease. CityManager Camp- bell reported the Sanitarian and liquor inspector ha~e investtigated the health problems at the Mtarmigan, fire marshall has also inspected the premises relating to violation. They were given 5 to 10 days to take care of the liquor, restaurnat and fire violations. City Attorney Stuller stated the Ptarmigan did exercise their option last Friday for a one year extension of their lease. Bikepath f. It was pointed out a sign should be posted on the bikepath outlining the types of uses allowed, cars have been using the path. Councilman DeGregorio moved to adjourn at 8;20 p.m., seconded by Councilwoman Markalunas. Ail in favor, neeting adjourned. Council went into execurtive session.