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Home My WebLink Aboutminutes.council.19731217 REGULAR MEETIN-~---- A----SPEN c~IL DECEMBERS973 . Meeting was called to order by Mayor Stacy Standley at 5:05 p.m. with Council members JenifE Pedersen, Pete DeGregorio, Ramona Markalunas, Jack Walls, Michael Behrendt, City Attorney Sandra Stuller and Acting City Manager, Mick Mahoney. MINUTES MINUTES December 10, 1973 - Councilman Walls request Page 3 under Councilmember comments include at the end of paragraph (b) the following: "The basic problem has been brought on by the Plan- ning and Zoning Commission and Planning Office. The Impact studies should have been made and homework done prior to adoption of Ordinance 919. Ordinance ~19 is premature." Councilman Walls moved to approve the minutes of December 10th as amended. Seconded by Councilwoman Pedersen. All in favor, motion carried. November 26, 1973 - Councilman Walls request the words "and unenforceable" be inserted at the end of his statement during the discussion of Resolution #29, 1973. Council concurred~to hold the approval of th~ minutes pending the return of Councilman Brea~ t- ed who had requested t~e motion granting approval to The Chart House for an encroachment be amended to not grant approval. Chart House Councilwoman Pedersen questioned the City's Liability for the encroachment on the City right- Encroachment of-way during this interim period. City Attorney Stuller reported the City is liable. Councilman Behrendt moved to request from the Chart House an indemnification agreement effeCt- ive immediately'''so that the City will not be held liable for this encroachment during the interim period. Seconded by Councilwoman Pedersen. All in favor, motion carried. CITIZEN PARTIC~iPATiON CITIZEN PARTICIPATION CITIZEN PARTICIPATION a. - Commissioners Edwards and Baxter, and County Attorney Leonard Oates were present to rE CITIZEN que~ approval from Council to pick up the City's opti.o~..o~i.~the .6. ~cres of Thomas Property. PARTICIPATION Two sites are presently under consideration for the hospi{al' - enlarging the facility at the present site and the Thomas Property which is presently under option to the City. The best site is the Thomas property due to its~close proximity to the City, it is contiguous thomas and is insulated by open space. County decided this date to acquire additional open space Property that would be contiguous to the 6 acres. Mayor Standley stated his concern that the City was never approached previous on this quest ion and suggest a study session be held with the County Commissioners. Council agreed to meet with the County Commissioners at the Courthouse on Thursday (this Week) at 5:00 p.m. b. - Mr. James Moore read and submitted to Council a.lproposed resolution relating to de- Decriminalization criminaliza%ion of marijuana. Mr. Keith Strupp of the NORML Bar Association was introduced of Marijuana and related to Council what is being done across the United States as relates to decrim- inalization and outlined stateistics relating to the use of ~arijuana and t~pes of enforce- ment. Councilwoman Pedersen moved to instruct the City Attorney to draw up a resolution endorsin¢ the decriminalization of m~rijuana based on the three pointed as outlined in the proposed resolution by the American Bar Association. Seconded by Councilman Behrendt. All in favo~ motion carried. ENCROACHMENTS Little Nell Pump House - City Attorney Stuller submitted to Council a memo shich stated the ENCROACHMENTS electrical ~quipment of the building (w~h?.the exception of the meter~ which belong to the Little Nell City) belongs to the owner of the Little Nell Building. Request the City ask for $25.00 Pump House to cover damages that might be incurred during the installation of new equipment and furth~ request an indemnification agreement. Council request the $25.00 fee be changed to reflect that they pay for replanting as per City specifications rather than the submission of $25.00 which may not be sufficient to co~ the damage. Councilman Behrendt moved to approve the encroachment and the stipulations as outlined in the City Attorney's memo with the exception the $25.00 fee be changed to their replanting at City specification. Seconded by Councilman DeGregorio. All in favor, motion carried. Court House Encroachment - Mr. Hal Clark, County Building Inspector, was present and reques Court House Council consideration of a proposed stairway to the basement to the basement of th~ Court House to be located at the rear of the !Court iHoU~.on teh alley, along with a roof over the entrance. The stairway and entrance would measure 12' in length and would be 8' to 10' wide. The entrance would lead to the present Sheriff's Office' which will later be the land use office. This request would also requie approval of the Historic Preservation Com- mission, therefore, only rough sketch was shown to Council. The present parking will be moved back so there would remain full alley access. Mr. Bob Sterling of the Firm of Walls and Sterling stated he was present representing three clients who own property abutting the alley. The alley is the main access to the property which the owners intend to build an office building on. Their ownership is Lots Q, R, and 7-%' of Lot S which is east of the County property. Plans for the office build- ing call for underground parking which access to the parking can only be financially feas- ible through the alley. Access from Main Street would be very costly and require major changes to the building. Feel if Council gives approval for this encroachment, a request for vacation will be forthcoming in the near future which would really cut off access to this property. Mr. Clark stated it is felt the alley is an open alleyk but this should be checked out to ~ake sure it has never been vacated. Councilman DeGregorio moved to table this request and the two parties work together and come up with alternatives to both parties satisfaction and the City Attorney check out the status of the alley. Seconded by Councilwoman Pedersen. All in favor with exception of Councilman Walls, who abstained. Motion carried. Block 40 - Previous to the meeting, Councilmembers reviewed the site. Mr. Leonard Oates Blo~k 40 representing the ownerships abutting the alley for which request is made, stated Mr. Lu- cini is willing to take the financial responsibility for undergrounding costs over and a- bove what it would cost'~ go above ground for utilities. Swimming Pool is located in the area under question. Requesting the vacation for the land abutting the property owners only, will not extend to the river. Acting Manager Mahoney request time to meet with the title companies and attorneys to re- view the City's position as relates to undergrounding of utilities. Councilman Behrendt moved to table this request until Mr. Mahoney, City Attorney and Mr. Oates have had an opportunity to discuss the City's position. Seconded by Councilwoman Pedersen. All in favor, motion carried. MIDLAND RIGHT - OF - WAY MIDLAND RIGHT~i ~ayor Stand!~ stated the gentlemen was not able to be present this date and request a stud ~OF - WAY session with Council sometime in January. CouncilwOman Markalunas moved to ~able this item until Council can hold a studys~ssion with all members present. Seconded by Councilman Behrendt. All in favor with exception of Councilman DeGregorio who voted nay. Motion carried. ~ENTENNIAL & BI-CENTENNIAL PROJECTS CENTENNIAL & City/County Planner Herb Bartel stated upon further investigation, learned the bi-centen- BI-CENTENNIAL nial committee has limited funds and are only looking at small projects. Suggest the PROJECTS Wheeler Opera HOuSe be submitted as a project in the amoun~ of $2,000 Councilman DeGregoiro moved to approve the recommendations of the Planner as outlined. [I Seconded by Councilwoman Markalunas. All in favor, motio~ carried. Sierra Vista CITY MANAGER Seal & Chip a. Sierra Vista Drive, Seal and Chip - City Clark and City Manager reported nothing appear~ ~- in the City Council minutes where reimbursement to the property ~ners was approved by Council. Council request the property owners submit their request in writing. Councilman Behrendt moved to table this requst pending further investigation. Seconded by Councilwoman Pedersen. All in favor, motion carried. Stevens Propert b. Stevens Property, Study Session - Councilman DeGregorio moved to hold a study session Study Session at the same time as the study session is held on the Midland Right-of-Way, and such meet- ing be scheduled some time after January 14th. Seconded by Councilman Pedersen. All in favor, motion carried. Garbage Dumpste c. Garbage Dumpsters - Acting Manager Mahoney stated the present ordinance of the City only allows 32 gallon containers, therefore, all dumpsters in the City are illegal. Councilman Behrendt moved an amendment ot the ordinance be prepared that~o~id increase the size of containers; such containers not be visible from the street; time limit on implementation; require screening of containers; containers be rodent proof and some be required to follow the building permit process~ Seconded by Councilman DeGregorio. All in favor, motion carried. C~T¥ ATTORNEY Permit Parking a.~ - Permit Parking Ordinance - Councilman Walls moved~to table consideration of the ordin- Ordinance ance until Council has held a study session on the proposal. Seconded by Councilwoman Pedersen. All in favor, motion carried. Ordinance 937 b. - ORDINANCE #37, SERIES of 1973 - COUNCIL woman Markalunas moved to read Ordinance #37 , Series of 1973, on first reading. Seconded by Councilman Wall. All in favor, motion car- ried. ORDINANCE #37, SERIES OF 1973 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER50F THE MUNICIPAl CODE (KNOWN AS THE DOG CONTROL CODE OF THE CITY OF ASPEN, COLORADO ) WHICH AMENDMENTS PRO- HIBIT THE PERSISTENT AND HABITUAL DOG BARKING; REQUIRE THAT DOGS IN HEaT BE CONFINED!?SO AS TO RESTRICT ENTRY BY OTHER DOGS AND AUTHORIZING IMPOUNDMENT ON FAILURE OF OWNER OR KEEPER TO PROVIDE SUCH AN ENCLOSURE; DEFINE "VICIOUS DOGS" AND PROVIDING FOR THEIR CONFINEMENT, AND, IN SOME INSTANCES, THEIR DESTRUCTION ON ORDER OF THE MUN~IPAL JUDGE. WASread by title by the City Clerk. Councilman Behrendt moved to adopy Ordinance #37, Series of 1973. Seconded by Councilwoman Markalunas. Roll call vote - Councilmembers~Pedersen,.aye; DeGregorio, aye; Markalunas, ~ aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. · #3~ c. rd~nance ORDINANCE #38, Series of 1973 - Councilwom~n Pedersen moved to read Ordinance #38, Series of 1973 on first reading. Seconded by Councilman DeGre~orio. All in favor, motion carried. ORDINANCE #38, SERIES OF 1973 - AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF ASPEN BUDGET YEAR ENDING DECEMBER 31, 1973. was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance 938, Series of 1973, on first reading. Seconded by Councilman Walls. Council request the ordinance be changed to reflect the appropriations be to the Trans- portation Fund and not the Mall fund. As written, the ordinance is misleading. Council further request complete breakdowns be submitted for both the Mall Fund and Transpor- tation fund for their review. Roll call vote - Councilmembers Behrendt, aye; Walls, aye; Markalunas, ay;e DeGregorio, aye; Pedersen, aye; Mayor STandley, aye. Motion carried. Ordinance 939 d. ORDINANCE 939, SERIES OF 1973 - Councilman Behrendt moved to read Ordinance #39 on first reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #39, SERIES OF 1973 - AN ORDINANCE AMENDING SECTION 5-4 OF ORDINANCE 15-A (SERIES OF 1972) MODIFYING TEH SCHEDULE OF RATES FOR IMPOSITION OF THE 7 PERCENT SALES TAX AND ADOPTING THE SUGGESTD COLLECTION BRACKETS OF THE COLORADO DEPARTMENT OF REVENUE. WAS read by title by the City Clerk. · Finance Director Nixon stated the table was sent out by the State Department of Revenue. Councilman Behrendt moved to adopt Ordinance #39, Series of 1973 on first reading. Se- conded by Councilwoman Pedersen. Roll call vote - Councilmembers Degregoiro, aye; Mar- kalunas, aye; Walls, aye; Pedersen, aye; Behrendt, aye; Mayor sTandley, aye. Motion carried. Resolution ~32 e. Resolution ~32, Series of 1973 - Councilwoman Pedersen moved to read Resolution 932, Series of 1973. Seconded by Councilwoman Markalunas. All in favor, motion carried. RESOLUTION NO. 32 (Series of 1973) WHEREAS, COLONEL THOMAS R. FINLEY has given the city Considerable valuable time over the last several months which association with the city will end De- cember 1§, 1973, and WHEREAS, COLONEL THOMAS R. FINLEY has contributed greatly in initiating a transit system, mobilizing an energy task force, planning the reconditioning and refurbishing of the city's antique lights, helping in the preparation of the 1974 budget, as well as regularly contributing to a myriad of other activities within the Aspen City Government, and WHEREAS, the City Council wishes to acknowledge the contributions of COL- ONEL THOMAS R. FINLEY and their appreciation as well as make of record their enjoyment in association with him, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1514 Regular Meetinq ~ ~sPe~ C~ ~g~¢il D~9~ ]7~]973 1. That there be made of record their appreciation for the endeavors of COLONEL THOMAS R. FINLEY on behalf of the City of Aspen and 2. That a copy of this resolution be given to COLONEL THOMAS R. FINLEY /--% as a talken thereof. was read in full by the City Clerk. Councilman Walls moved to adopt REsolution 932, Series of 1973. Seconded by Councilwoman Pedersen. All in favor, motion carried. Mayor Standley presented to Mr. Finley a life time pass for the transit system and a cow- boy hat. COUNCILMEMBERS COM~ENTS a. Mayor Standley questioned if Council wished to still consider Mr. Bob Craig's firm to Bob Craig, publish an annual report for the City. Suggest since the revenues are down, the project Annual Report be done by City Hall staff members. Councilwoman Markalunas moved that the report be done with City Hall Staff. Seconded by Councilwoman Pedersen. All in favor, motion carried. b. The firm of Alexander Grant and Company wishes to hold a study session with Council Alexander Grant on January 19th. They have submitted an outline which is to be the basis for the dis- cussion at the study session. Council Finance Committee and Finance Oirector to review that outline, and make alternative proposals also. Study session scheduled for January 19~ .. c. Councilwoman Markalunas stated the County has approved this date 21 applications for Applications, the funds for pensioners in Pitkin County. Request the Council also ~pprove this dis- Funds for bursement of those funds. Pensioners Councilwoman Pedersen reported there is a large amount in the budget for trees, people can purchase same and donate to the Ctiy which amount is tax deductable. e. - Councilman Behrendt questioned the problem with ex-manager Campbell and final payment. Campbell It was reported an error was made and Mr. Campbell now owes the City. He has requested a meeting with the Council Finance Committee. City Attorney Stuller reported the committee does not deal with employer and employee rel- ations, this matter~should be brought before the entire council. Council Agreed to hold an executive session prior to the next regular meeting. Councilman Walls moved to adjourn at 7:05 p.m., seconded by Councilman Behrendt. All in favor, meeting adjourned. /~~ ~~ ~_~rraine Graves, City Clerk