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HomeMy WebLinkAboutminutes.council.19700511 Regular Mee~in5 Aspen City Council May 11~. 1970 Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Edwin Vare; Ross Griffin, Francis Whitaker, City Attorney Albert Kern and City Administrator Leon Wurl. Councilman Vare moved to approve the minutes of April 13th as prepared and mailed by the City Clerk. Seconded by Councilman Griffin. Councilman Fitzhugh Scott arrived. Ail in favor, motion carried. Councilman William Comcowich arrived. Accounts Payable - Councilman Vare moved to approve the accounts payable a s submitted by Accounts the Finance Department. Seconded by Councilman Rcott. Roll call vote Councilmen Vare Payable aye; Comcowich aye; G=i£fin~aye;~ Scott aye; Whitaker aye. Mr. John Reed of Glenwood ~prings was present to speak on behalf of the Rocky Mountain Rate Increase Natural Gas Company rate increase. Mr. Reed informed Council the main hearing on this re- Rocky Mountain quest before the Public Utilities Cnmmission~ will be held on MontroSe beginning on June 1 Natural ~Gas Co, for three days. There are additional one day hearings scheduled for Glenwood Spings and Denver. Mr. Reed stated he request is being made because the gas company is.not making a fair re- turn. Further informed Council in 1964 the rate of return set by the PUC was 6.76%. Councilman Jack Walls arrived. ~ Mr. Reed went on to say due to the raise in operation costs, interest rates and demand iC is necessary that this request be made. Expect at least a 10% increase, 20% would be the maximum. This would mean to the average residents an increase in their monthly bill of $2.50 to $3.00 per month. Mr. Reed pointed ou the costs of doing business increases at a greater rate than the growth can compensate. " 1039 Regular Meeting Aspen City:Council May ~1, 1970. , Reservoir - Mr. Fischer~' Secretary Engineer of the Colorado Water Conservation District..was present,to Castle Creek discuss with council ~their eooperation with the Council on the reservoir for Castle Creek ~-~ Ashcroft or the A6hhcroft Area, ~. Mr. Fischer submitted t0 COun~it a map showing the district in which Aspen is:located. ~Mr. ~ Fischer fave~the background and respensibilities of the. Water Conservation District and dis -- cussed those items that the City and Board co-operate on, i. e. proposed dam on Castle Creek. The status of which the BureaU of Reclamation is presently doing preliminary studi~s as the the proposed location of the. dam. Chart House Chart House -~Change of Location - Mayor Homeyer opened the public hearing. Forms as re- quired by the City and State,were submitted to Council.~There were no remonstrances filed, Councilman Comcowich moved to approve the change of location for the Chart House as sub- mitted. Seconded by CoUnCilman Vare. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye. Motion carried. Golf Tournament Golf Tournamnet - Parks and Recreation Director Ted,Armstrong presented the cup won by the City in the golf tournament held on Saturday. Tournament between the City and County. Mr. Armstrong also submitted to COuncil the brochure for the summer and winter recreation program. Councilmen Scott and Comcowich left Council Chambers. Mayor's Deeds Mayor's Deeds- Deeds were submitted for Gussie Mae Anderson of Lots D, E, F, G, H, and I Blocks 78 & of Block!78 and Elizabeth H:, Paepcke, Stephen Mck~ DuBrut~ Jr~ as Trustees of the Walter P. 8 Paepcke Life Insurance Trust for Lots G, H, and I in Block 8. Mr. Wur.1 polnt.ed~o~t there is one problem with~ the ~Anderson dedd in that: the: City.~has an electric line running across the~prop:erty without an:easement. . Council instructed City Attorney Kern to prepare and attach to the deed a letter agreement · ' w t stating the grantee:give the:.City sufficient :time to remove the :electrmc ~lzne. hen he grantee makes :the'request, . : ":: ' :': : :: ~ Councilman Vare moved to approve the Mayor's deeds as submitted and the Mayor and City ~ Clerk be authorized to sign such~ and. the instructions as given to City Attorney Kern be carried out. Seconded by Councilman Walls. Ail in favor, motion carried.o Councilman~Scott re,turned to Council'~ghambers. ~:: ~ Brownell Annex Mayor Homeyer opened the public hearing on the Zoning of the Brownell Annexation. Admin- Zoning istrator Wur~l request ~he~hearing. be nOntin~d:as the property,own.er:at ~he time.of:annexr ation was informed the policy of the City is to follow the zoning~recommended in the Master Plan and the Planning and Zoning Commission has made a different recommendation than the Master Plan. Administrator Wurl to ~discus.s thig'withthe~Planning and:Zoning Commission, : Councilman Vare moved to continuethe public hearing on zoning of the Brownell Annexation to May 25th. Seconded by Councilman Whitaker. All in favor, motion carried· Polly Polluter Polly Polluter Award ~ Mayor Homeyer stated she was presented in the name of the City the Award Polly Pollute~ award for the papers in PaePcke Park. Councilman Comcowich returned to Council Chambers. Rocky Mountain Rocky Mountain Natural Gas Rate Increase -City. Admlnis:trator Wurl submitted cor~espo~6ence Natural Gas from the Colorado Municipal League informing the city in order to fight this increase Rate Increase would cost approximately $10,000 to $20,000 and the o~ly City to date who has- indicated an Council request City Attorney Kern check into the promises made by Rocky Mountain Natural Gas at the time of their taking over from Public Service and to investigate if this in- Golf Course Golf Course - Administrator Wurl submitted the'rates for 'the golf course. Water Lines Water Lines~--. Administrator Wurt~r~port~d the:Okla~omm Fla~s line:is~70% complete:..and the Airport Line is 96% complete. Fish Kill Councilman Scott~que-stiomed~'is. the:~causm off,he, fish .kill~ onthe' Roa,ring Fork is knownat! this time;~City Attorney Kern reporter this~definitely could have been caused by the fish pla~ting as this was concentratedin one area only. -'Settling Further.Council~ues'tion~d the~City con's~ruc, ting.~Settllng~pon&s for theistorm drains. Mr., Ponds Wurl reported the~City has been working on this for three years and~Mrs. Paepcke is inter- ested in working out something with the City as she would like to see stablization of Mmllam Lake. The problem has been in trying to get a price set on the land owned by Judge and Mrs. Shaw. 1040 Regular Meeting . Aspen City~Council ' 'M~y,:ll,~' t,970 Publlc.~Restrooms - Administrator ~url reported ~money :has beem~budgeted~:under the~Commun/ty Public .Re~strooms Improvement Fund of the':RSA for, this purpose, and further~ submitted a :ske~tch :and~'artlcte~on . , prefab restrooms. ~ . Council stated they woutd~ rather~:see-designs ~of:e,more esthetic b~itding :by.a ~locat:~a~rc~-.~ iteCt. Administrator ~url:~informed Council ~there were on~y~ limited :funds for this purpose~ Council agreed to pass~on to! the RSA Board, the,~City~ia~in'fa:w~r ~o-f public~restrooms that, are esthetically done and designed by a local architect ~.~ . Charter Convention Recording Secretary - Administrator Wurl reported delegates of the Chart: Charter Con, er have contacted his office regarding reimbursement to the recordingSecretary since she vention Record- is not an ~lected delegate to the ~onvention~. ing Secretary Councilman Comcowich~moved Lorraine Graves City C erk,.be rezmbursed at the hourly rate per number of hours of evening meetings for,the Charter Convention. Seconded by Councilman Griffin. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. Motion carried. Dog Pound - City Attorney Kern reported the agreement is not ready at this time. Further Dog Pound stated the County deSires,to have City Attorney Kern draft an agreement between:the City. ~ and County for one half of the animal,wardens time and one hal~ of the spaces. Countywould pay their share of the costs. Agreements ready by the next meeting. Shop Addition - Administrator Wurl submitted plans and specifications for an addition to Shop Addition the shop under the Castle Creek bridge. Administrator Wurl reported~he~has writeen to Rio :~ ~:~ Grande conce'rning their'building which they desire to move, ~in the meantime would like. . m' authorization to call for bids,on t~e specifications sub ztted. Councilman Whitake~ stated he was concerned about the City putting in a metal b~ilding when! the City does not allow metal~buildings. Fur~ther question raised on tda.zoning in this ~rea. Administrator Wurl repprted the zoning is R-15. Suggestion was made the metal building be covered with some~thing more~esthetic. Councilman Griffin moved to authorize the City Administrator to call for bids and provide for alternat bids covering the sides of the building that are misible. Seconded by Councilman Vare. Councilman Whitaker questioned the extension of a non-conforming use and is this permissabl for the City to do. ' ' ~ , , : ' Council instructed City Attorney Kern to find~out if~ the City can extend a non-conforming use and if not what steps are necessary to do so. Roll call vote - Coun:cilmen ~are aye; Whitaker aye; Comcowich aye; Walls aye; Gr£ffin aye; Scott aye. Motion carried. Gasoline Bids CounCilman Whitaker moved to authorize' the' City Administrator to call for Gasoline Bids bids for a period of June 1, to June 1~ Seconded by Councilman walls. Ail in favor, motion carried. ~ ~ , · Sewer Plant, Maroon Cre~k,-Administrator Wurl~ reported he,had met with Mr~ Burns of the Sewer. Plant Forest Service and Mayor Homeyer concerningthe For'est Service's desire to install through Maroon ~Cr~ek an authorized pilot program a sewer plant to service the Maroon Creek camp sites. Council stated their concern of the installation of such causing growth in this area and also the possible pollution to MaroOn Creek. Councilman Comcowich moved the City Administrator be authoriZed to write to the F6r.est Service and notify them that the City is interested in their development of non-polluting devices and they keep the City informed on their progress of such non-polluting devices/ Seconded by Whitaker. Roil call',vote - Councilmeh Whitaker aye; Walls:,aye; Scott aye;- Griffin aye; Comcowich aye; Vare aye. Motion carried unanimously. Administrator WurLreported Art~ur'sWould like to remove~the two big old trees in front of Trees the reataurant and plant clumps of quakies in place of. Councilman Whitaker moved to con- tinue this request untit the next.meeting, pending on the site inspection of the Council. Seconded by Councilman Scott. Ail in favor, motion carried unanimoUsly. Administrator Wurl submitted to Council a proposed eontract with Merrick and Company for Electric the sectionalizing of the City's electric lines. This would give the City a per~psctive Lines on loadages and also help in the amount of area on outages. · Councilman Comcowich moved to authorize the Mayor and City Clerk to sign the contract. . Seconded by Councilmmn Wkita,ker, All in favor~ mtion carrie~ ,unanimously. ~ 1041 ......... R~gul~ Meeting Aspep City Council _. . May ~1, 1970 Administ=ator Wurl informed Council last year the City leased our water on Hunter Creek to res-~deht~ in {hat area for the purpose 0f~ irrigation at'a price of $1,000.00.a year. The $1,000.00 was not paid to the City but was used for repairs to the Hunter Creek system. Mr. Wurl was informed by the people they would like to request a three year contract as it will tak~ this much to put the system int6 operation. Mr. Wurl suggest the City grant a three year contract, the money be paid to the City in, a lump sum and the City to do the repairs. Councilman Griffin moved to authorize the City Attorney tb revise the lease providing for a 3 year contract. Seconded by Councilman Vare. Roll call vote - Councilmen Vare aye; Comcowich aye,; Griffin aye; Scott aye; Walls aye; Whitaker aye. Pitkin Iron Pitkin Iron Mine Sui~ ~ Attorney Kern reported the appeal has been filed, Mine Suit Feel Attorney Ralph Clark's statements is on order and recommend payment of same. Councilman Scott moved to approve the payment to Ralph Clark as submitted. Seconded by Councilman Griffin. Roll call vote - Councilmen Griffin aye~ Scott aye; Comcowich aye; Walls aye; Whi'~aker aye; vare aye. Mo~ioi~ c~rried. Councilman Comcowich moved to ratify the action taken at the executive session with Ralph Ci~rk. Seconded by Councilman Walls. Ail in favor, motion carried. Resolution #12 Resolution #12, Series. of 1970' as follows was read~ in full by the City Clerk. Brownell Annex Resolution No. 12 Series of, 1,970 W~S,.the Ci,ty Council of the City of Aspen has accep.ted a Petition for annexation of tha~-'~ ~x~i~r~ or r~l~ ~r~pe~y par~ic{ilarly de~¢ribe~ ~Cfhat .par= of Wes't Aspen Subdivis~on ¥~llng No. 2, ~i';zPltk%~ County, Colorado, described as 'follows:' i!~'Begln~ng at the~Dortheast corne~ of Lot · We'§t Aspen Subdivision ~iling No. 2 said point lying on the present city limit line of the City of Aspen, Colorado; thence along said existing city limit line by the following courses and distances: South 23°08'00'' West, 19~.00 feet; North 66052'00'' West,~5.00 feet; South 25°08'00'' West, 110.00 feet; ~South 66°52'O0"~.Eas-t, 4S.00 feet; South~23°08'00'' West, 290.00 feet to a point'; thence North 66052'00'' West, a distance of 417.92 feet; thence South 22°50'00TM .West, a disz. ance of 269.26 feet; thence North 67°~0'0.0'' West, a distance of 60.00 feet; thence North 22050'00'' East, a distance of 155.97 feet to the beginning of a curve to the left; thence along said curve,having a radius of 1S0.00 feet, a distance of 125.22 feet; thence North 24°14'0~'' }Vest a distance of 87.11 feet to the beginning of a c~rve.to, the right; thence along said curve, having a radius of 295 .00 feet, a distance' of 243.88 feet; thence North 23008'00'' East,a distance of 188.00 feet; thence South 66052'00'' ,Bast, a distance of 60.00 feet; thence North 14013'00'' East, a distance of 110.00 feet; thence North 63020'00'' East, a distance of 145.00 feet; thence South 0 37'52" Eas.t a distance of 1i4'.97 feet; thence South 59010'00'' a distance of 288.00 feet; ti~ence South 66052'00'' a distance of 120.00 feet to the point of beginning. which was filed with the City Clerk on March 27, 1970; and, WHEREAS; the City .Council of' the City of Aspen makes the following find'ings of fact regarding said annexation; ' 1. There is at least one-sixth contiguity between the present City of Aspen and the area s~eking annexation.. 2. A 'community of interest exists betwee~ the territory to be annexed and the City, as evidenced by the following facts: (a) More than 50% 'of' the adult residents of the area to be annexed use part or all of the recreational, civic, social, religious, industrial or commercial facilities of the City of Aspen, and more than 25% of the adult residents are employed in the' City of Aspen. (b) Less than one-half of the land to be annexed is agricultural. (c) It is physically practical to extend normal urban services to the aYea to be annexed, on the same terms and conditions as such services are available to residents of the City of Aspen. WqIEREAS, said petitioners are the owners of one hundred percent (100%) of the land proposed to be annexed; and, 1042 R~.eg~!~r ~eeting AsPen_City Cpuncil May 11,_ 1970 WHEREAS, no election is required under said act; and, Resolution #12 ......... Brownell Annex WHEREAS, t e City Council determines not to impose additional terms-and conditions upon said land proposed to be annexed. NOW, THEREFORE; BE tT RESOLVED,.that the City Council of~the City of~Aspen hereby accepts the Petition for annexation. Councilman Whitaker suggest the resolution include the recommendation of the City Enginee~ and Planning and'Zoning Commission. Ail annexations should be reviewed by the Planning and Zoning Commission first as relates to lotsize.s,~st~reets, etc. Councilman Comcowich moved to adopt Resolution No. 12, Series of 1970. Seconded by Council man Walls. Roll call vote - Councilman Vare aye; Comcowich aye; Griffin nay; Scott aye; Whitaker aye; Walls aye. Motion carried. Councilman Vare left Council Chambers. ORDINANCE #11, SERIES OF~1'970,' AN ORDINANCE PROVIDING FO~ THE-ANNEXATION~TOTHE CITY-OF Ordinance #11. ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL.~ESTATE-PARTICULARLY DESCRIBED. IN-THISU Brownell Annex. ORDINANCE, LYING OUTSIDE OF, BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was read in full by the City Clerk on first reading. ~- ~ Councilman Comcowich moved to adopt Ordinance #11, Series of 1970 as read in full on first reading and order the sam~ published. Seconded by Councilman Walls. Roll~ call~ vote .... Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye. Motion carried Councilman Vare returned to Council Chambers. ORDINANCE #!2, SERIES OF 19~70, AN ORDINANCE REPEALING AND RENACTING,' AS AMEMDED, CERTAIN Ordinance #12 SECTIONS OF CHAPTER 17, TITLE I OF THE OFFICIAL CODE OF THE CITY OF-ASPEN, PERTAINING TO Municipal Judge THE MUNICIPAL COURT AND MUNICIPAL JUDGES AND PROVIDING T~LAT THE MUNICIPAL COURT SHALL BE Municipal Court A COURT OF RECORD, AND HERELY DECLARING AN EMERGENCY TO EXIST was read by title only, as agreed by Council, on second reading by the City Clerk. Councilman Scott moved to adopt Ordinance ~12, Series of 1970 on second reading and order the same published. Seconded by Councilman Walls. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. Motion carried. Mrs. Zanger was present and submitted to Council a petition bearing 27 signatures re= Cemetery questing the installation of a pedestrian and bicycle path along Cemetery Lane. Lane City pointed out for sidewalk improvements the property owners pay the entire cost, dis- cussed snow removal and what type of sidewalk could be installed and whether the County would cooperate in installing the sidewalk on the county side or should such be in- stalled on the city side of the street. Council agreed to have the City representative submit this problem to the Regional Servic~ Authority Board. Walls moved to go into executive session, seconded by Whitaker. All in favor, motion carried. Whitaker moved to reconvene the regualr meeting and to adjourn this meeting until-ma~ 18, ~-----~Lorraine Graves, City Clerk Ad3ourned Meeting .. Aspen City Council May 18~ 1970 Meeting was ca%!edto orderby. Mayor Eve H0meyer at5:00 P'~i' Withc0u~¢i~men EdWinVa2e, William Comco~ich, Fi~pbugh Scott. III, Jack Walls , Francis Whitaker and City Administrat~ Leon Wurl. . . · Comcowich moved .~he action o~. thp minutes o,f May llth be ~ith~eld until, ~he next regualr meeting. Seconded by Councilman Whitaker. All in favor,' motion carried. Councilmen Reports. Employee Housing - Coqncilman Scott reported his repp.rt~ is not. in final form at this Employee time. Rousing 1043 A~d_j'pu~d Mee.t~Dg Aspen City Council May 18, 1970 __ Parking Parking Enforcement - Councilrhan Whitaker submitted previously his report and photographs Sidewalks on violati0n~. Violations discussed were: Guidd's; Little Red Ski Hostel; Moore Realty; f" Aspen Laundry; Carl's Pharmacy and other hal~of block; Aspen Auto Supply; Medical Center. Discussed those areas where head-in parking has been allowed where there are sidewalks and those without sidewalks and cars parking i~ the sidewalk area. Mr. Whitaker recommend curbs be installed. Councilman 'Whitaker moved that the Police Department impartially enfo~e regulations on parking on the sidewalks as defined in the Model Traffic Code~ Seconded by Councilman Scott Administrator Wurl pointed out some of these items have been approved and there seems to be a conflict between what is allowed under the Medel Traffic Code and the City Ordinances. The ordinance allows, ~ith permission of Council, to~utilize the area~between the curb and sidewalk for parking areas. Reason~for doing this is to obtain more parking area. Discussed whether to require conformance with the Model Traffic Code of those areas that were granted permission under the City ordinance. Councilman Griffin arrived. It was pointed out the Cit~ Engineer is now reviewing the curb cut ordinance. Comcowich called for the question - All ayes with exception of Whitaker who voted nay. Roll call'vote - Councilmen Whitaker aye; Vare aye; Comcowich nay, Walls nay; Scott aye; Griffin aye. Motion cacried. Council instructed City administrator Wurl, City Attorney Kern and City Engineer to review the problem areas'and make a report to Councili Business Business Licensing - Councilman G~i~in stated this is completed, needs to be reViewed.by Licensing the City Attorney. Priorities Priorities - Councilman Walls stated the Council's report has gone to the Planning and /,~ Zoning and a recommendation should be forthcoming, form the ~Planning and Zoning very shortl~ Water Water Rights - Councilman Comcowich reported Dale Rea,Sity Water Engineer, was in town Rights this date and recommend the City concentrate on Hunter and Maroon creek a'nd not do too ~ much on Castle Creek until the Ashcroft Dam is settled. On Maroon Creek, Mr. Reas will be submitting four alternatives and suggest the City seriously consider the 4th alternative. Upon written report, the City should'survey and provide for bonding in the following year. Planner Planner - Councilman Walls repotted the screening committee interviewed two applicants over the weekend. Discussed with applicants office staff, space, budget line of responsi~ bility,,.~salaries. Estimate $20,000 b~dget the remainder of this year~ and for the next 2 or 3 years $40,000 or $50,000 a year. Agreed the planner should~be rgsponsi5le to the~County Commissioners and City Council and would work through the City Manager when working on City business. Planner would work under the RSA. People in6erviewed were adminiStrators.as well as planner. Felt on specific projects con- sultants would b~ brought in. Screening Committee and the two men interviewed felt the first six months would be spent accumulating material, cataloging, and getting some insight on the area. Councilman Comcgwich moved to adopt this report. Seconded by Councilman Whitaker. Ail in favor, motion carried. On&-Way Streets~= Report not compelte/ Dogs Dogs Councilman Griffin reported the pound is being worked out with Luther Albright. Have drafted an ordinance increasing the f~es, this'to be submitted to the City Attorney. Councilmmn Comeowich moved to adjourn at 6:30 p.m., seconded by Councilman Griffin. Ail in favor, meeting adjourned.