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Home My WebLink Aboutminutes.council.19700622 ~nd & Regular Meetin8 Aspen City Council June 22~ 19~ Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m.~with Councilmen Edwin Varev Ross Griffin, Fitzhugh Scott III, Jack Walls, Francis Whitaker and City Attorney Albert Kern. Councilman Walls moved to approve the mSnutes of~une 8th as prepared and mailed by the City Clerk. Seconded by Councilman Griffin. Ail in favor, motion carried. Councilman Walls moved to app~oveZthe minutes and ratify action of the Regional Service Authority meeting held on June 4th as~prepared and. mailed by the Recording Secretray. Seconded by Councilman Griffin. All in favor, motion carried. City Clerk submitted a list of election expenses for the election held on June 16th in the Election amount of $382.00 Councilman Vare moved to approve the election expenses for the June 16th Expenses election as submitted by the City Clerk. Seconded by Councilman Scott. Roll call vote Councilmen Vare aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. Motion carried. City Manager Leon Wurl arrived. Mayor Homeyer announced the results of the election held on June 16th as: 205 for the Election charter; 12 against the Charter. Results Mr. Robert Kirchner was present to explain the functions of a fiscal agent. Mr. Kirchner Fiscal Agent read proposal in the form of a resolution to Council. Councilman Griffin moved the approve Kirchner the proposal as read and authorize the Mayor and City Clerk to sign same. Seconded by Councilman Walls. Roll call vote Councilmen Vare aye; Comcowich may; Gr%ffin aye; Mayor Homeyer aye; Councilman Scott aye; Walls aye;,Whi~aker aye. Motion carried. Mrs. Ramona Markalunas was present, representing the Home gule Charter Convention members and presented to Councilm~n Comcowich a plaque as President of the Home Rule Charter Convention. Councilman Walls informed Council, the representatives from Colorado State University met CSU Study with part of the Council recently, relating to an environmental ma~ter plan for the area, covering perhaps ~ years 1049' ~eL~!a~Mee~ng ~ ASpen Cily G0uac±k Jdne 22, ~970 CSU Study Councilman Walls moved that the City Coancil approve the approach that the Colorado State University group has offered and write them a letter giving them our support in this undertaking. Seconded by Councilman Comcowich. Roll call vote ~ Councilmen Whitaker aye; ? Walls aye; Scot~ aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. i Highway Highway 82 - Mayor Homeyer read excerpt from report submitted from Mr. Melcher. Mayor 82 Homeyer suggest Council consider requesting the County Commissioners to call for a ref- erendum. Seconded by Councilman'ComcoWich. Councilman Scott request this be considered at a special meeting next week, thus giving Council sufficient time to read the report. Mr. MCBride, Coun&ilmen Vare and Whitaker request Council wait until alternatives are pre- pared and can be 'Considered prior to asking for a referendum.~ Councilman Comcowich stated the City should be more concerned with the highway inside the City and the traffic prOblems inside the City. Councilm~n Walls moved to postpone action on the motion as stated until M0~ay, June 29th, at which time this motion will be considered first on the agenda. Seconded by Councilman Comcowich. Ail in favor, motion carried. Golf Course & Robin Molny, Chairman of the Planning and Zoning~ Commission was present and read two Rubey Park resolutions of the Planning and Zoning Commission: golf course land, requesting immediate Land action; Rubey Park, acquisition for municipal purposes. Reaoning Mr. Molny submitted to Council copies of request relating to re~oning of Property of the Request Aspen Institute and vicinity. Mr. Molny outlined the change and perhaps error m~de at the time of the North Side Annexation Zoning. Councilman Comc~wich moved the City Council urge the Planning and. Zoning Commission to come up with a proposal to get these lots to what they were pr~or to annexation and schedule a public hearing thereon, Seconded by councilman Whitaker. Ail in favor, motion carried. Maroon Creek Maroon Creek Water Development Program - Manager Wurl recommend the Council adopt Alternate Water #4 outlined by Mr. Dale Rea~! so the City can proceed. ~ Councilman Comcowich moved to approve and authorize the City to proceed with the preliminar ~ ! i i engineering as outlined under Alternate #4 as submitted. Seconded by Councilman Walls. Manager Wurl explained this provides for the eventual constructbn of a filter plant on Maroon Creek, Roll call vote ~ Councilmen Scott aye; Griffin aye; Comcowich aye; Walls aye; Whitaker aye; Vare aye; Mayor HOmeyer aye. Conoco A request was related to council from Aspen Conoco to park a trailer behind the fire Station station during construction of the ConOCo Station. Fire Department has no~ 0bjection. Councilman Griffin moved to approve a temporary trailer at the Conoco Station construction site for'a~peri°d of 120 days. Seconded by Councilman Whitaker. Ail in favor, with ex- ception 6f Councilman Walls Who abstained. Police Cars Police Cars - A report and recommendation from the Chief of Police and Manager Wurl were submitted to Council recommending the leasing of two police cars for a one ~year period. Money is not budgeted for purchase. Councilman Whi,~aker moved to proceed with the recommendation as outlined by the Clief of , Police for two police cars. Seconded by Councilman Comcowich. Roll call vote - CouncClmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Trees Trees - Manager Wurl reported letters have been sent to Mr. Shechter, Pelletier and Pe~ersen requesting estimates and recommendations for the care of the trees in the down- town area. Councilman Whi~aker reported Park Association is going to experiment with trees'in front of LoUie's Spirit House. Bonds City Manager Wurl submitted the legal notices for the calling ofbonds for the Street Im- ~'". provement District #66-1 and water bond issue date September 1, 1960. Councilman Griffin moved to authorize the calling of bonds for Street Improvement District #66-1 and water bond issue dated September 1, 1960. Seconded by Councilman Whiaker. Roll call vote -Councilmen ~Are aye; ComCowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. 1050 Regular Meeting Aspen City CoUncil June 22, 1970 ORDINANCE #14, SERIES OF 1970, AN ORDINANCE AMENDING SECTION 4, 12, 13 AND 14 OF TITLE VIII , Ordinance CHAPTER 1, OF THE OFFICIAL CODE.OF THE CITY OF ASPEN RELATINg TO THE REQUIREME~NTS AND LO- #14 CATION OF SIDEWALKS AND PARK STRIPS WITHIN THE CITY OF ASPEN was read by title only as Sidewalks agreed by Council on second reading. Councilman Whitaker moved to adopt Ordinance #14, Series of 1970 on second reading and order the same published. Sec.onded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Ho~eyer aye. Motion carried. ORDINANCE #15, SERIES OF 1970, AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF Ordinance ASPEN, COLORADO, DATED MARCH 6, 1967 TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY #15 OF ASPEN, COLORADO BY ORDINAN~CE 'NO. 2, SERIES OF 1970 was read by title only on second Brownell reading by the City Clerk. Zoning Mokres Claim - Attorney Rern request Council hold an executive session on this item. Mokres Claim Rubey Park - RESOLUTION #18, SERIES OF 1970, A RESOLUTION SUBMITTING TO THE QUALIFIED Rubey Park REGISTERED ~ECTORS OF AS~PEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 25, 1970, THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $300,000 FOR THE PURPOSE OF ACQUIRING A TRACT OF LAND WITHIN THE CITY OF ASPEN, FOR MUNICIPAL PURPOSES. Copies of the resolution were made available to those present. Councilman Griffin moved to adopt the Resolution #18, Series of 1970 as submitted. Seconded by Councilman Walls. Roll call vote -Mayor Homeyer aye; Councilmen Scott aye; Griffin aye; Comcowich nay; Walls aye; Whitaker aye; Vare aye. Motion carried. A proposed lease between the City of Aspen and Walter B. Mills for pumping facilities Pumping Lease was submitted to Council. Walter Mills Councilman Scott moved to recommend to~ the RSA approval of the lease. Seconded by Council- man Griffin. Roll call vote- Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Manager Wurl referred Council to correspondence submitted from the Golf ~ourse Association Golf Course relating to the maintenance of the course and a petition bearing 19 signatures relating to the purchase of the golf ~course~property. Councilman Vare reported his committee first of all needs to determine what land is under consideration and the value of such land. Councilman Whi~aker submitted a report requesting the calling of an election for a 1% sale~ 1% Sales Tax tax in the City for land acquisition, open space and green space. Council instructed City Attorney Kern, Councilmen Whitaker and Comcowich to work on the proceedings necessary for the calling of an election. Tentative date of election, Septembe~ 1, 1970. To be discussed at the recessed meeting to be held on June 29th. Councilman Comcowich moved to recess this meeting until June~ 29, 1970 at 5~:00 p.m. and Council immediately go into executive session. Seconded by Councilman Scott. Ail in favor, motion carried. Council went into executive session at 6:35 p.m. Meeting adjourned at 7:00 p.m. '---~orrazne Graves, City Clerk Executive Session Aspen City Council June 22, 1970 Mokres Claim - Councilman Vare moved to instruct the City Attorney to enter into~ negoiations to settle out of court this claim. Seconded by Councilman Whitaker. Roll call vote - Councilmen Vare aye; Comcowich aye; Griff~ aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Lorraine Graves,. C~ty Clerk ~eetinE was called to order~by Mayor Eve Homeyer at 5:20 p.m. with Councilmen ~Edwin Vare, William ComcoWich, Ross Griffin, Fitzhugh Scott III, Jack Walls, Francis Whitaker, City Attorney A~bert Kern and City Manager Leon Wurl. Ordinance ORDINANCE #16, SERIES~ OF 1970, AN ORDINANCE CONCERNING REVENUE AND IMPOSING AND LEVYING A #16 ONE PERCENT SALES TAX UPON THE SELLING OF TANGIBLE' PERSONAL PROPERTY AT RETAIL UPON EVERY Sales Tax RETAILER IN THE CITY OF ASPEN, COLORADO OPERATIVE AND EFFECTIVE ON AND AFTER JANUARY I, 1971; PROVIDING THAT SAID REVENUES SHALL BE EXPENDED BY THE CITY COUNCIL FOR THE PAYMENT OF FOOD TAX REFUNDS, AND FOR THE ACQUISITION OF REAL PROPERTY OR THE CONSTRUCTION OF CAPITAL IMPROVEMENTS FOR MUNICIPAL PURPOSES, OR THE PAYMENT OF INDEBTEDNESS INCURRED FOR SUCH ACQUISITION OR CONSTRUCTION OF CAPITAL IMPROVEMENTS FOR MUNICIPAL PURPOSES, FOR THE EXPENDITURES NECESSARY TO PROTECT SUCH PROPERTY AGAINST LOSS, DAMAGE OR DESTRUCTION: PRO- VIDING THAT CERTAIN REFUNDS SHALL BE MADE TO THE RESIDENTS OF THE CITY OF ASPEN UPON APPLICATION THEREFOR; PROVIDING THAT THE CITY COUNCIL MAY AMEND, ALTER OR CHANGE THIS ORD- INANCE, EXCEPT AS TO THE ONE PERCENT RATE OF TAX HEREIN IMPOSED AND THE EARMARKING OF THE REVENUES THEREFROM, UNDER CERTAIN CIRCUMSTANCES; PROVIDING PENALTIES WITH RESPECT THERETO; AND, PROVIDING DETAILS IN RELATION TO THE FOREGOING was read by title only, as agreed by Council, on first reading by the City Clerk. Councilman Griffin moved to adapt Ordinance #16, Series of 1970 as submitted and order the same published. Seconded by Councilman Scott. Roll call vote Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Councilman Scott m~ved to read Resolution #18~ Series of 1970 submitting to a vote Ordinance #16, Series of 1970. Seconded by Councilman Whitaker. Roll call vote - Councilmer Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; May'or Homeyer aye. Motion carried. Resolution 18~ RESOLUTION #18A, SERIES OF 1970, A RESOLUTION SUBMITTING TO'A VOTE OF THE.QUALIFIED Sales Tax ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO.BE HELD IN SAID CITY ON TUESDAY, THE FIRST DAY OF SEPTEMBER, 1970, THE QUESTION OF APPROVING OR REJECTING A MEAURE ENTITLED "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A ONE PERCENT SALES TAX UPON THE SELLING OF TANGIBLE PERSONAL: PROPERTY ATRETAIL UPON EVERY~'RETAILER IN THE CITY OF ASPEN, COLORADO, PERATIVE AND EFFECTIVE ON AND AFTER JANUARY 1, 1971, PRO- VIDING THAT THE SALES TAX REVENUES RECEIVED BY SAID SALES TAX SHALL BE EXPENDED BY THE CITY COUNCIL OFR THE PAYMENT OF FOOD TAX REFUNDS, AND FOR THE ACQUISITION OF REAL PROPERTY. OR THE CONSTRUCTION OF CAPITAL IMPROVEMENTS FOR MUNICIPAL PURPSMES , OR THE PAYMENT OF IN- DEBTEDNESS INCURRED FOR SUCH ADQUISITIONiOR CONSTRUCTION OF CAPTIAL IMPROVEMENTS, FOR EXPENDITURES NECESSARY~TO PROTECT SUCH PROPERTY'~AGAINST LOSS OR DAMAGE OR BESTRUCTION; ~RSVIDING THAT CERTAIN REFUNDS SHALL BE MADE TO RESIDENTS OF THE CITY OF ASPEN UPON APPLICATION THEREFOR; PROVIDING THAT THE CITY COUNCIL MAY, AMEND, ALTER OR CHANGE SAID ORDINANCE, EXCEPT AS TO THE PERCENT OF TAX AND. THEEARMARKING OF FUNDS, UNDER CERTAIN CIRCUMSTANCES; AND, PROVIDING DETAILS IN CONNECTION WITH SAID ELECTION, AND TO PROVIDE PENALTIES WITH RESPECT THERETO"'was read, as required, the City Clerk. Councilman Comcowich moved to adopt Resolution #18~ Series of 1970. Seconded by Councilman Walls. Roll call vote - Councilmen Comcowich aye; Walls aye; Scott aye; Griffin aye; Vare aye; Whitaker aye;.Mayor Homeyer aye. Motion carried. Highway 82 Highway 82 - As relates to the motion made and seconded at the last meeting concerning a referandum on the highway, the following comments were made by Council: Commissioners have alreay asked the State Highway to go ahead with their~plans; feel the City should concen- trate their efforts in solving the problems of traffic and circulation inside the city limits; elected representatives have to exercise their' own judgement; out or, the City's jurisdiction. Councilman Walls withdrew his ~otion, Councilman Comeowich withdrew his second. Councilman Walls moved that since the County Commissioners have made their determination for this area of concern, which is their's to make, that the City concentrate on our own immediate area of concern for traffic circulatbn in the City limits as~soon as ppssible. Seconded~by'Couneilman Comcowich.~ Councilman Walls suggest the planning as relates to the motion would include one-way street system, traffic flow as relates to the business district, etc. Councilman Scott stated he felt the City should be concerned with what happens in the County, but agree with the planning. Councilmmn Whitaker pointed out sometimes you plan things which you do not necessarily agr~e'wit'h. Roll call vote - Councilmen rare nay; Comcowich aye; Griffin nay; Scott nay; Walls aye; Whitaker aye;~Mayor Eve Homeyer aye; Motioh carried. Counczlman Scott read a letter dated March 5, 1970 addressed to Mr. Prosence from Dr. Highway 82 William Comcowich, complimenting Mr. Prosence on his presentation at the public hearing held at the Aspen Institute and further commenting upon the Council representatives views who appeared on the panel that same evening at the Aspen Institute. · Discussed individUal Council members representing the entire Council. Council request when individuals .of the~Council write.letters.which pertain to the City, to send copies to all of the Council. Councilman Scott moved to resolve that (1) t~he City Council approve, adopt and take any necessary steps to implement the recommendations contained inthe repprt submitted to the Aspen Planning and Zoning Commission on June 19, 1970 with special emphasis on the importance of proceeding with~regional comprehensive planning including the transportation systems element of the plan; and requesting determent of any purchase of right-of-way and construction of the proposed four laning of SH82, Sections 1 and 3; requesting the County Commissioners of Pitkin County to request the State Highway Department to undertake limited improvements of a safety nature on the two-lane highway; and further that the City Clerk mail certified copies of this resolution together with a copy of Mr, Melcher's report to R. A. Prosence, District Engineer, State Highway'Department in Grand Junction requesting him to include this resolution and the Melcher report in the record of his proceedings on the Pitkin COunty Highway Project 0082 (1) and (2) and that copies of this Resolution and the Melcher report be mailed to: County Commissioners of Pitkin County John A. Love, Governor ~f Colorado Charles Shumate, State ~Highway Department State Highway Commissioners Bureau of Roads Department of the Interior Department of Transportation Secretary of the Council on Environmental Quality of the united States Cabinet COmmittee on Environment Seconded by Councilman Griffin. Roll call vote - Councilmen Whitaker aye; Walls nay; Scott aye; Griffin aye; Comcowich nay; Vare aye; Mayor Homeyer aye. Motion carried. Attorney Kern informed Council a public hearing is required on Ordinance #16, Series of Ordinance 1970. Councilman Whitaker moved to schedule a public hearing on Ordinance #16, Series of 1970 for July 13th at 5:00 p.m. Seconded by Councilman Walls. Ail in favor, motion carried. Terese David was present and request permission to hold International Days on July 26th International in connection with the arts and crafts show. Days Councilman Griffin moved to grant permission for International Days on July 26th in connection with the arts and crafts show. Planner - Councilman Walls reported the Screening Committee has narrowed the applicantS Planner down to one. Question remains on. the salary and recommend the Council approve a maximum salary of $16,000. . Councilman Walls moved the City accept a maximum salary a year figure for a planner's. salary. Seconded bY Councilman Scott. Council request copies of the correspondence of the Screening Committee be made available to the Council members. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Eve Homeyer aye. Motion carried. Councilman Comcowich questioned Councilman Vare as to why the members appointed by the RSA Open Space to~ the open space committee had not been contacted:. Councilman Vare repprted another Committee committee had been appointed during the interim period between the R~A appointments and thc meeting establishing the committee. Councilman Comcowich request Councilman Vare to contact the RSA appointed committee people as soon as possible and if Councilman Vare is not going to work with these people to please inform the RSA board. Bond schedules were submitted to Council relating to Rubey Park. Mr, Kirchner relayed his recommendation the Council approve the 10 year bond schedule. Councilman Scott moved the City accept, and adopt Mr. ' ' K~rchner s recommendation of Schedule #1 as submitted. Seconded by Councilman Whitaker. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilmmn Scott moved to adjourn at 6:45 p.m., seconded by Councilman Whitaker. Ail in favor, motion carried. orralne Graves, City Clerk