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HomeMy WebLinkAboutminutes.council.19710412 Regular Meeting Aspen City Council April 12~ 1971 Meeting was called to order by Mayor Eve Homeyer at 4:15 p.m. with Councilmen Edwin Vare, William Comcowich, Ross Griffin, Fitzhugh Scott'III, Jack Walls, Francis Whitaker, City Attorney Albert Kern and City Manager Leon Wurl. Minutes Walls moved to approve the minutes of April 7th and 12th as prepared and mm~iled by the City Clerk. Seconded by Councilman Sc'ott. Ail in favor, motion carried. Accounts Payabl~ Councilman Whitaker moved to approve the accounts payable as submitted. Seconded by Council- man Vare. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Police Vehicles Police Vehicles City Manager-Wurl submitted proposal for leasing of three new pplice cars Councilman Comcowich moved to approve the leasing of three, new police cars from Wheeler Chevrolet as per the bid submitted. Seconded by Councilman Vare. Roll call vote - Council- men Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Recodification Recodification - Manager Wurl reported the galley proofs would be submitted to the City by the end of April. Swimming Pool Swimming Pool lease - Manager Wurl recommend the lease with Mr. Hyde for the leasing of the Lease - Hyde swimming pool at Galena and Durant be rescinded. Repairs would cost the City approximately $5,000 and the new pool at Bavaria Park should be ready about the middle of the summer. Councilman Griffin moved to rescind the lease with Mr. Hyde for the swimming pool and authorize the Mayor and City Clerk to sign agreement to rescind. Seconded by Councilman Walls. Roll call vote Councilmen Vare nay; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Golf Golf Course Council discussed the fee schedule submitted by Manager Wurl; also the main- Course tenance program submitted and the possible leasing of the course by the RSA from the City. Further discussed the location of the club house and pro shop. Councilman Comcowich moved to approve the fee schedule submitted by Manager Wurl; authorize the City Manager to work out in the best interest of the City the maintenance program but it was indicated the Council would rather not have a contract; authorize the City Manager to locate the pro shop and club house in either location depending upom what the City Manager feels is in the Best interest of the City and agreed to lease the course to the RSA for the season and amount of lease to RSA be the same per month as in 197D~ Seconded by Councilman Griffin. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; May~r Homeyer aye. Motion carried. 1154 __ t~3a!r~e~ Aspen City Council April 12, 1971 Bass Park - Tabled until the next meeting when 1 the Park Association minutes will be Bass Park available. Open Space Bond ordinance was reviewed by Council. Councilman Vare moved to tentatively Open Space approve the form of the ordinance. Seconded by Councilman Walls. Ail in favor, motion Bond carried. Ordinance Mayor Homeyer opened the pubtic hearing on Ordinance #6, Series of 1971. There being no comments Mayor Homeyer closed the public hearing. Ordinance #6 Uniform Mechanica ORDINANCE #6, SERIES OF 1971, AN ORDINANCE RELATING TO THE REGULATION AND CONTROL OF Code THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF HEATING, VERTILATING, COMFORT CONTROLLING, REFRIGERATION SYSTEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT-PRODUCING APPLICANCES; ADOPTING BY REFERENCE THERETO THE UNIFORM MUCHANICAL CODE OF THE UNIFORM BUILDING CODE OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 1970 EDITION, VOLUME II, TOGETHER WITH APPENDIX B OF THE UNIFORM MECHANICAL CODE, 1970; REPEALING ALL PRIOR PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, 1962, AS AMENDED, CONCERNING THE MECHANICAL CODE HERETOFOR] IN EFFECT; EXCEPT CHAPTER 3 OF TITLE II OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLO- RADO, CREATING AND ESTABLISHING THE BOARD OF APPEALS; REPEALING ALL ORDINANCES, PARTS AND SECTIONS OF ORDINANCES OF THE CITY OF ASPEN, COLORADO, IN CONFLICT OR INCONSISTENT HERE- WITH: PROVIDING A PENALTY FOR VIOLATIONS OF SAID MECHANICAL CODE, AND PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO, was read by title only on second reading. Councilman Walls moved to adopt Ordinance #6, Series of 1971 on second r.eading and order the same published as provided by City Charter. Seconded by Councilman Whitaker. Roll call vote Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Ordinance #7, Series of 1971 - Mayor Homeyer opened the public hearing, there being no Ordinance #7 comments, Mayor Homeyer closed the public hearing. Uniform Building Code ORDINANCE #7, SERIES OF 1971, AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CON- STRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, LOCATION AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES WITHIN THE CITY OF ASPEN, COLORADO; ADOPTING BY REFERENCE THERETO THE UNIFORM BUILDING CODE OF THE INTER- NATIONAL CONFERENCE OF BUILDING OFFICIALS, 1970 EDITION, VOLUME I, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1970 EDITION, AND TOGETHER WITH THE APPENDIX: PROVIDING -- FOR AMENDMENTS THERETO; REPEALING ALL PRIOR PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN 1962, AS AMENDED CONCERNING THE BUILDING CODE HERETOFORE IN EFFECT, AND REPEALING CHAPTER 4, OF TITLE IV CONCERNING CHIMNEYS, VENTS, FIREPLACES, AND INCINERATORS AND CHAPTER 5 OF TITLE IV CONCERNING THE ADOPTION OF THE GAS FITTING CODE, AND CHAPTER 6 OF TITLE IV CONCERNING THE ADOPTION OF WARM AIR HEATING AND AIR CONDITIONG CODE, AND CHAPTER 7 OF TITLE IV CONCERNING THE ADOPTION OF BOILERS AND PRESSURE VESSELS CODE, AND CHAPTER 10 OF TITLE IV CONCERING THE ADOPTION OF BUILDING EXITS CODE; EXCEPT CHAPTER 3 OF TITLE II OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERTAINING TO BOARD OF APPEALS AND EXAMINERS; REPEALING ALL ORDINANCES, PARTS AbD SECTIONS OF ORDINANCES OF THE CITY OF ASPEN, COLORADO IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING A PENALTY FOR THE VIOLATIONS OF PROVISIONS OF SAID BUILDING CODE; AND PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO, was read by title only on second reading. Councilman Griffin moved to adopt Ordinance #7, Series of 1971 on second reading and order the same published as provided by City Charter. Seconded by Councilman Vare. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Ordinance #8, Series of' 1971 - Mayor Homeyer opened the public hearing, there being no Ordinance m8 comments, Mayor Homeyer closed the public hearing. Op~m Space Annexation ORDINANCE #8, SERIES OF 1971, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was read by title only on second reading. Councilman Vare movedtto adopt Ordinance #8, Series of 1971 on second reading and order the same published as provided by City Charter. Seconded by Councilman Scott. Roll call vote - Councilmen Scott ~ye; Griffim aye; Walls aye; Comcowich aye~ Whitaker aye; Vare aye; Mayor Homeyer aye. Motion carried. Ordinance #9, Series of 1971 - Mayor Homeyer opened the public hearing and there being no Ordinance #9 comments, Mayor Homeyer closed the public hearing. Stream Margins ORDINANCE #9, SERIES OF 1RTl, AN ORDINANCE PROVIDING FOR THE PROTECTION AND PRESERVATION OF THE RIVERS AND STREAMS WITHIN THE CITY OF ASPEN AND THE PROPERTY ADJACENT THERETO; AND FURTHER PROVIDING FOR THE PROTECTION OF PROPERTY AND PERSONS WITHIN A FLOOD PLAIN TO BE DETERMINED; ESTABLISHING AN OVERLAPPING STREAMMARGINS DISTRICT WITHIN THE R-40, R-30, R-15, R-PC, R-6, R-MF, AR-i, AR-2, C-I, C-C, C-2 AND PARK ZONED DISTRICT; ADOPTING PERFORMANCE REGULATIONS FOR SAID DISTRICT, AND PROVIDING FOR REVIEW BY THE CITY PLANNING AND ZONING COMMISSION OF PROPOSED CONSTRUCTION WITHIN THE STREAM MARGINS DISTRICT was read by title only on second reading. Councilman Comcowich moved to adopt Ordinance #9, Series of 1971 on second reading and order the same published as provided by City Charter. 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. Ordinance #10 Ordinance #10, Series of 1971 - Mayor Homeyer opened the public hearing. There being no Off-street comments, Mayor Homeyer closed the public hearing. Parking ORDINANCE #10, SERIES OF 1971, AN ORDINANCE AMENDING SUBSECTION (f), SECTION 9, CHAPTER 1 OF TITLE 11, ENTITLED CHARACTERISTICS OF OFF-STREET PARKING BY DELETING AUTHORIZATION FOR ATTENDANT OFF-STREET PARKING was read by title only on second reading. Councilman Whitaker'moved to adopt Ordinance #10, Series of 1971 on second reading and order the same published as provided by City Charter. Seconded by Councilman Walls. Roll call vote Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye]. Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Resolution #6 RESOLUTION NO. 6 Aspen Hills Series of 1971 Annexation WHEREAS, the City Council of the City of Aspen has accepted a petition for annexation of that certain territory or real estate particularly described as follows: A parcel of land being a part of the "99" Claim No. 6899 located in Pitkin County, Colorado, said parcel being more fully described as follows:~ Beginning at a point on the south line of said "997' Claim w~ence AP3 of said claim bears S89° 46' E. 255.59 feet; thence N. 89° 46' W. 121.27 feet along south line of "99"; thence S. 06o23' E. 109.68 feet to the point of beginning. Area = 6604 square feet, which was filed with the City Clerk on February 8, 1971; and WHEREAS, The City Council of the City of Aspen makes the following findings of fact regarding said annexation; 1. There is at least one-sixth contiguity between the present City of Aspen and the area seeking annexation. 2. A community of interest exists between 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 t~ 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 area to annexed, on the same terms and conditions, as s~ch services mre available to residents of the City of Aspen. WHEREAS, said petitioners are the owners of one hundred (100%) percent of the land proposed to be annexed; and, WHEREAS, The City Council determines not to impose additional terms and conditions upon said land proposed to be annexed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Aspen hereby accepts the Petition for Annexation. Councilman Walls moved to. adopt Resolution #6, Series'of 1971. Seconded by Councilman Griffin. Ali in fmvor, motion carried. ORdinance #11 ORDINANCE. #1I, SERIES OF 1971, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO. THE CITY OF ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS ORDINANCE, LYING OUTSIDEOF, BUT ADJACENT TO ~THE CITY OF ASPEN, COLORADO was read by title only on first reading. Councilman Scott moved to adopt Ordinance #11, Series of 1971 on first reading and order the same published as provided by City Charter. Seconded by Councilman Vare. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye Mayor Romeyer aye. Motion carried. Noise Question was raised as to the enforcement of the noise cnntrol ordinance. Council request Control Manager Wurl submit at the next meeting a breakdown of the costs as relates to the decible Ordinance counter. Mayor Homeyer closed the regular meeting of the Council in order to discuss with Mr. John McBride the proposed Safeway at the Airport Business Center. Press invited to stay. Meeting reconvened into regular session whereupon Councilman Comcowich moved to adjourn this meeting to April 20, at 5:00 p.m. Seconded by Councilman Walls. Ail in favor, motion carried. Meeting adjourned at 6:45 p.m. ~_~o~raine Graves, City Clerk MeeCing was called to order by Mayor Eve Homeyer at 5:00 p.m. with Councilmen William Comcowich, Fitzhugh Scott III, JackWalls, Francis Whitaker,. City Attorney Albert Kern, City Manager Leon Wurl ~nd Finance Director Dennis. Veeder. Also present DaveKulaas representing the Merrill Lynch Company. Manager Wurl submitted copies of the bids received on the' bonds for the Open Space Bond Bids Acquisition. Low bid by Merrill Lynch, Pierce, Fenner and Smith, Inc. and others in the amount of 6.2964%. Also copies of resolution #9 and Ordinance ~12 were submitted, v Councilman Comcowich moved to read Resolution #9, Series Of 1971. Seconded by Councilman Resolution #9 Whitaker. Ail in favor, motion carried. Revenue Bonds Resolution #9 read by lthe City Clerk as follows: RESOLUTION NO. 9 WHEREAS, the City Council of the City of Aspen has heretofore directed a Notice of Sale to be published for the sale of Sales Tax Revenue Bonds of the City in the principal amount of $3,700,000; and WHEREAS, pursuant to the Notice of Sale, sealed bids were received by the City for the purchase of said bonds until Tuesday, April 20, 1971~, at 2:00 o'clock P,M., M.S.T.; and WHEREAS, after receiving and considering the bids, it appears that the bid of Merril Lynch, Pierce, Fenner & Smith, Inc. of 6.2964% was the highest and best bid for said bonds being not less than par and accrued interest therefor; and WHEREAS, it is in the best interest of the City of Aspen that such bid be accepted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the bid of Merrill Lynch, Pierce, Fenner & Smith, Inc., of 6,2964% for $3,700,000, of Sales Tax Revenue Bonds, dated April 1, 1971, be and the same is here- by accepted and that siad bonds are hereby awarded to said bidder. Section 2. That the good faith desposit submitted by the successful bidder be credited to the purchaser upon delivery of the bonds. Section 3. That the City Co.uncil of the City of Aspen, Colorado, shall do any and all things necessary, to complete the delivery of the bonds to the purchaser in accordance with its bid. RESOLUTION ADOPTED AND APPROVED, This 20th day of April, 1971. Councilman Walls moved to adopt Resolution #9, Series of 1971. Seconded by Councilmmn Whitaker. Roll call vote Councilmen Comcowich aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE #12, Series of 1971 - Councilman Walls moved to read Ordinance #12, Series of Ordinance #12 1971 by title only as an emergency ordinance. Seconded by Councilman Whitaker. Ail in Revenue Bonds favor, motion carried. ORDINANCE #12, SERIES OF 1971, AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALES TAX REVENUE BONDS OF THE CITY OF ASPEN, EHLORADO, IN THE PRINCIPAL AMOUNT OF $3,700,000, FOR THE PURPOSE OF ACQUIRING CERTAIN REAL PROPERTY, KNOWN AS THE GOLF .COURSE AREA, AND THE IMPROVEMENTS SITUATED THEREON; PRESCRIBING THE FORM OF SAID BONDS AND INTEREST ON SAID BONDS FROM THE REVENUES OF THE ONE PERCENT MUNICIPAL SALES TAX AND FROM OTHER SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH, AND DECLARING AN EMERGENCY. Councilman Whitaker moved to adopt Ordinance #12, Series of 1971 on first reading and not order the same published as provided by City Charter for emergency ordinance. Seconded by Councilman Scott. Roll ~all vote - Councilmen Whitaker aye; Walls aye.; Scott aye; Comcowich aye; Mayor HomDyer aye. Motion carried. Earth Day - Mayor Homeyer reminded everyone to either walk or ride a bicycle on Wednesday the 21st. Manager Wurl reported the go%f course would officially open this coming weekend. Councilman Walls moved to adjourn at 5:30 p.m., seconded by Councilmmn Whitaker. Ail in favor, meeting adjourned.