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HomeMy WebLinkAboutminutes.council.19730122 1403 Meeting was called to'order by Mayor Homeyer at 4:00 p.m. with Councilmen Scott Nystrom, James Breasted, Ross Griffin, Re,none Markalunas, Jac'k Walls, Francis White'kef, and City Manager Russ Campbell. , , Councilman Griffin moved to approve the minutes of January 8th as prepared and mailed by the City Clerk. Seconded by Councilman Nystrom. Ail in favor, motion carried. Council Councilman Nystrom stated he had not been able to attend the last two ~months. Council- Rep, Chamber woman Mar'kalunas volunteered to substitute for Councilman Nystrom in his absence. of Comm. Northwest Mayor Homeyer reported this Board reviews all federal grant applications and she felt the COG City should be represented. Discussed which meetings an elected official or administrative official should attend. Councilman Walls moved the Planning Office represent the City on Northwest COG. Seconded by Councilman Whita'ker. Ail in favor, motion carried. Student Representative Timber Dick arrived. Colorado Mayor Homeyer requested someone represent the City on this board. First meeting in River Glenwood Springs on Thursday at 7~30 p.m., January 25th'at the Glenwood City Hall. Counsel Council requested the City Manager and Planner use their discretion as to who should re- present the City. Health Previous discussion by the County Commissioners of combining the Sanitarian, Health Services Officer, Coroner, etc. in one office joint City/County. City Manager Campbell suggested this be considered in a study session with the Commissioners as relates to joint items. Housing, Cou~nCilman Griffin reported there are three al, ternatives: (t) build on City-owned pro- City Mane- perry; (2) purchase a house; (3) compensate through salary for housing. get City attorney Art Daily arrived. Consensus Of:Council is to compensate through salary for housing and in the 1974 budget establish a capital improvement fund to meet the problem in future years Manage= Campbell informed Council he had been app=oached by a student in the field of public administration who has requested an internship with the City of Aspen at no charge, primarily in the field Of personnel. The gentleman Will be coming to work with the City in August and Will be looking at the salary ranges, housing, etc. of the City personnel. Councilman Griffin moved ~o &gree with the internship as ouklined by the City Manage=.' Seconded by Councilman Walls. Ail in favor, motion carried. Public Councilman Walls moved to re-advertise for bids for public restrooms to be located to Restrooms the north and adjacent to City Hall. Seconded by Councilman Griffin, Ail in favor, motion carried. Appointments Councilman Griffin moved to re-appoint. Gilbert Colestock and Fred Smith to four year ter~s on the Board of Zoning Adjustment. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councilman Griffin moved to re-appoint John Koc'kx to a four year term on the Board of Examiners and Appeals. Seconded by Councilwoman Markalunas, Ail in favor, motion carried Council requested the City Clerk remadvertise the vacancy of He=ton on the Board of Examiners and Appeals. Colorado City Attorney submitted memorandum explaining the new Act. Councilman Griffin moved to Sunshine adopt the current Colorado Sunshine Statute for the City Council in the form of an Act ordinance. Seconded by Councilwoman Markalunas. portion of the Council requested time to review the memorandum submitted. Councilman Walls moved to amend the motion to table the main motion. Seconded by Council- man Whita'ker. Ail in: favor, motion carried. . Legal Ad- City Clerk reported two bids received, as follows: Aspen Today - 10¢ per line first in- vertising sertion, 8¢ per line second insertion; Aspen Times 12¢ per line first insertion, 9¢ Bids per line second insertion. City Clerk recommended Council accept the bid of Aspen Times due to the time schedule for submission of material for publication of Aspen Today. i404 Regular Meeting Aspen City Council January 22, 1973 Councilman Griffin moved to accept the low bid of Aspen Today and a review of the service be made within three months and Council re-evaluate the contract at that time. Seconded by Councilman Nystrom. Roll call vote - Councilmen N~ trom aye; Breasted nay; Griffin _ aye; Markalunas aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Mayor Ho~eyer reported people are confused as to when collection of the tax begins. Re- Additional quested the news media put out the information the 7th penny is collected starting July 1% sales 1, 1973. tax Mr. Beyer reported to Council he feels the water rates are discriminatory. He is pre- Water Meter, sently paying $19.50 per month for two people, average bill in the City is S7.00 to $8°00 Bill Beyer per month. Requested a water meter which Ordinance #34, 1971 prohibits for private residences. In reviewing the newspaper publication, the public hearing notice was left blank, feel the ordinance is not valid. Council requested the City Clerk and City Attorney review the legal requirements. Police Chief Ritchey and City Manager Campbell reported four bids received. Low bid was Dog Truck Bids from Mountain Motors, but recommending Rifle Auto since their bid met the specification of an extra gas tank. Mountain Motors $3,410.70; Rifle Auto $3,460.00. Councilman Whitaker moved to accept the bid of Rifle Auto. Seconded by Councilman Walls. Roll call vote - Councilmen Whita'ker aye; Walls aye; Mar~kalunas aye; Griffin aye; Breast- ed~aye; Nystrom aye; Mayor Hom~yer aye. Motion carried. Mayor Hommyer opened the public hearing. Assistant Planner Fred Wooden outlined the amend. Agriculture/ ment of including uses conditioned upon approval by the Board of Adjustment of Ski muns, Forestry Zone Ski lifts and ski facilities. Presently this is implied under this zone but is not Amendment spelled out and the amendment would fit in with g~eenline proposal. A recommendation from the Planning and Zoning Commission urging adoption of the proposal by the City Council was submitted. Mayor Homeyer closed the public hearing. Councilman Griffin moved to approve this prpposal and instruct the City Attorney to pre- pare an ordinance. Seconded by Councilman Whitaker. Ail in favor, motion carried. -- Mayor Homeyer opened the public hearing. Subdlvision Regulation Assistant Planner Wooden oullined the proposed amendment that would include "sites, Amendment separate interest, interests in common, condominium interests or other divisions" under the definition of a subdivision. Mr. Wooden stated this is proposed as costs a~e in- curred by the City for this type of development. State Legislature in 1972 passed a bill requiring counties to develop subdivision regulations, such regulations including con- dominiums. It was felt this change should be made in the City subdivision regulations. Additional amendment under exceptions authorizes the Planning and Zoning Commission to grant, where applicable, exceptions to procedural questions to the regulations. Mr. W0ode6 answ~dtth~questlo~that ui ..... _' ' ~ ~ b ldzngs.already zn~exzstence~that_change~Co con- dominium ownership would be required to follow the regulations. Mr. Wooden explained withii~this regulation the City would have the opportunity to review the development; i.e. site plan, street dedication, utility placement, 4% open space, parking. Subdivision plats are seldom turned down, but are modified. Council Walls stated his concern for an added procedure where there are presently platted blocks and lots in the City. Mr. Wooden stated this could be an exception as listed in the regulations. Mr. Don Piper questioned if~this regulation was parallel with the County regulations. Mr Wooden stated on most points. Mr. Piper stated this could be costly to the developer in that he would have to prepare plans to meet the subdivision requirement prior to conducting a sale. Suggested a sim- plified procedure for condominium subdivision. The utility companies etc. that are re- quired to be notified are not that interested or involved with a condominium development as with the other types of subdivisions. Councilman Whitaker pointed out this does not pmevent the sale of land, requires that when you decide to build a condominium it must then be subdivided. Mr. Wooden stated a short form was tried in the County, which the State would not approve, and it had to be thrown out, each case being reviewed on an individual basis. Resolution of the Planning and Zoning Commission recommending approval by the City 1405 Regular Meeting Aspen City Council January 22, 1973 Council was submitted. Mayor Homeyer closed the public hearing. Councilman Griffin moved to instruct the City Attorney to prepare an ordinance incorpor- ating this proposal. Seconded by Councilman Whit'~'ker. Ail in favor, motion carried. Lot 13, City Manager reported the owner of the property is not interested in selling. Further Capitol Hill discussed this property with the Planner who feels this lot is not a priority item at Addition this time. Council concurred a map shouldbe prepared showing these properties as relates to view control and open space. Engineering Department reports Lot 13 is extreme£y steep, has no public access and is a non-conforming sized lot. Student Representative Timber Dick left the meeting. City Manager suggest the City develop a visual proposed inventory, with the Planning Office to work up photos of all vacant land in town. Councilwoman Markalunas moved to request a right of first refusal on Lot 13, Capitol Hill Addition. Seconded by Councilm~n Whita'ker. Ail in favor, motion carried. ORDINANCE Mayor Homeyer opened the public hearing. There being no comments, Mayor Homeyer closed #1, SERIES the public hearing. OF 1973 Councilman Griffin moved to read on second reading Ordinance #1, Series of 1973. Second- ed by Councilman Walls. Ail in favor, motion carried. ORDINANCE #1~ SERIES OF 1973 AN ORDINANCE REPEALING CHAPTER 18 OF THE ASPEN MUNICIPAL CODE Eb~ITLED "COMPULSORY REGISTRATION OF EMPLOYEES IN OCCUPATIONS AND INDUSTRIES CRIT- ICAL TO THE ECONOMY OF THE CITY OF ASPEN, COLORADO was read by title by the City Clerk~ Councilman Whitaker moved to adopt Ordinance ~1, Series of 1973. Seconded by Councilman Walls. Roll call vote ~ Councilmen Markalunas nay; Griffin aye; Walls aye; Breasted aye; Whitaker aye; Nystorm ayes; Mayor Homeyer aye. Motion carried. ORDINANCE City Attorney Daily reported he had checked with the Public Utilities Commission and ~ 2, SERIES CATV does not come under their jurisdiction; Statutes do make it illegal to steal sign- OF 1973 als although it is not clear as to what they are trying to cover. CouncilmsnGriffin moved toread Ordinance #2, Series of 1973 on first reading, seconded by Councilman Walls. Ail in favor, motion carried. ORDINANCE ~ 2, SERIES OF 1973 AN ORDINANCEAM~NDING CHAPTER 13 OF THE ASPEN MUNICIPAL CODE BY ADDING THEREOF SECTION 13-42 MAKING IT UNLAWFUL TO INTERCEPT CATV TELEVISION SIGNALS WITHOUT THE PRIOR AUTHORIZATION OF THE DISTRIBUTING COMPANY was read by title by the City Clerk. ~ Councilman Whitaker~moved to adopt Ordinance #2, Series of 1973. Seconded by Councilman Breasted. Roll, call vote- Councilmen Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. ~Motion carried. Publichearing on Ordinance #2, Series of 1973 on February 12, 1B73. ORDINANCE Councilman Walls moved to read Ordinance #3, Series of 1973 on first reading. Seconded #3, SERIES by Councilwoman Markalunas. All in favor, motion carried. OF 1973 ORDINANCE #3, SERIES OF 1973 AN ORDINANCE AMENDING CHAPTER 19 OF THE ASPEN MUNICIPAL CODE BY ADDING ARTICLE VI THERETO ESTABLISHING PROCEDURES FOR OBTAINING PERMITS FROM THE CITY OF~ASPEN TO INSTALL AND OPERATE PUBLIC SKI STORAGE RACKS'.ENCROACHING, OR LOCATED UPON PUBLIC R%GHTS OF WAY was read by title by the City Clerk. Councilman Nystrom moved to adopt on first reading Ordinance #3, Series of 1973. Second- ed by Councilwoman Markalunas. Roll calt vote - Councilmen Walls aye; Whitaker aye; Breasted aye; Nystrom aye; Markalunas aye; Griffin aye; Mayor Homeyer aye. Motion carried. · ~'~RESOLUTION Councilman Whitaker moved to read Resolution #3, Series of 1973. Seconded by Councilman #3, SERIES Griffin. Ail in favor, motion carried. i4:06 Regular Meeting Aspen City Council. :~'~ January 22, 1973 RESOLUTION NO. 3, SERIES OF 1973 WHEREAS, the Aspen Valley Ambulance Association has requested that the City Council of the City of ASpen endorse its application for a grant in aid under P.L. 89,564; and WHEREAS, based upon all the information available to it, the City Council is of the opinion that the present ambulance utilized by the Association is~antiquated, ineffecient and inadequate for ~existing needs and uses, and that a new ~ambulance with over-the-road capabilities is needed for the public health, safety and welfare, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aspen, Colorado strongly endorses the efforts of the Aspen Valley Ambulance Association in obtaining a ' grant from the Coordinator of Highway Safety of the State of Colorado to assist in the purchase of a new ambulance to be owned b.y the City of Aspen and Coun~ty of:Pit'kin for use by that Association,and BE IT FURTHER RESOLVED that if such grant be obtained, the City of Aspenfinanclng arran- gement being made between the Aspen Valley Ambulance Association, Pitkin County and the City of Aspen for the balance of the pumchase price thereof~ was read in full by the City Cler'k. .... Councilman Nystrom moved to adopt ResolutionS3, Series of 1973, Seconded by Councilman Whitaker. Roll~'calt vote - Councilmen Nystrom aye; Breasted -aye; Griffin aye;~Markalunas aye;~ Walls aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. Councilman Walls moved to read Resolution #4, Series ~f 1973 in full. Seconded by ,::~_ RESOLUTION #4, Councilwoman Mar'kalunas. Ail in favor, motion carried. SERIES OF 1973 C'ity Attorney Daily reported the Strouds, owners of the Galconda, have filed a suit again- st the City relating to the legality of the off street parking requirements and leasing thereof. RESOLUTION NO. 4, SERIES OF 1973 WHEREAS, Section 9(f) of Chapter 24 of the Aspen Municipal Code provides in relevant part that "Parking required in the C-C district may be leased or acquired from the City of .~.. Aspen upon terms and conditions and in such places authorized and approved by the City Manager. Ail funds received from such par'king rentals shall be earmarked and used by the City for the purp&~e of providing, maintaining,-constructing and.utilizing parking. areas and favilities;" and \ WHEREAS, as of January 1, 1973, twenty-se~en (27) off-street par'king spaces had been ' leased from the City under the foregoing zoning regulations, and the sum of $6,.5.86.33 had been collected as rentals under such leases and placed in a special parking fund; and WHEREAS, it is the desire of the City Manager and of the City Council that public re- cognition be given to the fact that the current lessees are contributing to ~he pro- vision, maintenance, construction and utilization of par~king areas and facilities in the City of Aspen; and WHEREAS, it is the further desire of the City Manager and o~ the City Coun~it that the funds in the special parking fund be applied as.promptly as possible to the maintename and improvement of existing pmrking areas and facilities in the City core area and to the provision, maintenance, construction and utilization of such additional parking areas and favilities as may from time to.time be deemed necessary wit-bin the:City of Aspen core area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Clty of Aspen': 1. That the City Engineering Department be and hereby is directed to erect signs as soon as possible at all entrances to the existing parking area in Rubey Park, which~signs shall recite in substance t~at "27 of the parking spaces ~n this lot are being provided by the.following establishments in lieu of onLsite parking: (list of business establish- ments)''; and 2~ That the City Engineering Department be and hereby is further directed to engineer and design necessary and appropriate improvements to the existing:parking area in Rubey Par'k, for purposes of enhancing the capacity and utility and attractiveness of said,par'k- ing area, and following approval of such plan by the City Council,to construct and other- wise effect such ~mprovements as soon as weather permits; and · 3. That the City Planning and Engineering Departments undertake an evaluation of the present and foreseeable parking needs of the core area of the City of Aspen, and provide recommendations to the City Manager with respect to such needs; and 1407 Regular Meeting Aspen City Clerk January 22, 1973 A. That the special city parking fund be and the same is hereby dedicated and shall be applied to the maintenance and improvement of the Rubey Park parking area, and to the provision, maintenance, construction .and utilization of such other existing and of such additional parking areas and facilities as may from time to time be determined to be necessary within the core area of the City of Aspen. Councilman Walls moved to adopt Resolution #4, Series.of 1973. Seconded by Councilman Nystrom. Roll call?vote - Councilmen Nystrom aye; Breasted aye; ~riffin aye; Markalunas aye; Walls aye; Whitaker'aye; Mayor Homeyer aye. Motion carried. Subdivision City/County Planner Herb Bartel stated there are several development proposals underway Regulation which fall under-this new definition of a subdivision. Council may want to consider hay- Amendment ing the ordinance prepared in emergency form. Councilman Griffin moved that the subdivision amendment ordiannce be prepared on an emergency basis. Seconded by Councilwoman Markalunas. Ail in favor, motion carried. Trueman Mr. Barrel informed Council the appraisers have been in, there will be a report the middle (Railroad) of February. Also have met with Real Estate Affiliates and discussed economic analysis. Property Findings to date include : 3 acres for streets at a minimum; surface level parking for 800 to 1000 cars would require all the property on the right side of Mill Street going north. Next meeting will be discussing commercial possibilities. Greenline Mr. Barrel reported the Planning and Zoning submits resolution requesting as 'follows: Report from (1) City survey the line at City expense - early spring; (2} standards be developed for P & Z which the developments can be reviewed; (3) because these procedures will take some time a voluntary moritorium be instigated by those property owners - Smuggler Durant Mining Corporation and Spar Consolidated - who were present at the P & Z meeting. Also request the City consider m temporary ordinance which would require property owners who are not'covered under the votnntary moritorium to follow the requirements o~ re- view etc. Planner and City Attorney to work out~a temporary ordinance and standards. Councilman Griffin moved to go into executive session. Seconded by Councilman Walls. All'.in favor, motion carried. Councilman Walls moved to reconvene into regular session. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councilman Griffin moved that the City extend to the City Manager a housing allowance of · $6,000 a year and this money come from the uncommitted portion of community improvements in the 1973 budget. Seconded by'Councilman Whitaker. Roll call vote - Councilmen Walls aye; Nystrom aye; Breasted aye; Griffin aye; Mar~kalunas aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. Study session of Council every other week was discussed and it was agreed to meet for study sessions on off'weeks of regular meetings. Councilman Whitaker moved to adjourn this meeting to Monday January 29th to consider the emergency ordinance being prepared. Seconded by Councilman Nystrom. Ail in favor, motion carried. Meeting adjourned at 6:50 p.m. --Lorrazne Graves;~Czty Clerk Adjourned Meeting Aspen City Council January 29, 1973 Meeting reconvened at 5:05 p.m. with the following present: Mayor Eve Homeyer, Council~ men Scott Nystrom, James Breasted, Ross griffin, Ramona Markalunas, Jack Walls, Francis Whitaker, City Attorney Art Daily, and City Manager Russ Campbell. ORDINANCE Proposed ordinance was submitted by City Attorney Daily. City/County Planner Herb Barrel ~"~4, SERIES stated his main concerns in proposing this ordinance as an emergency ordinance are the OF 1973 following: three general areas that are vulnerable, all of them having plans underway - South Annex all being AR-1 zoned land. Ail the area in the C-2 zone over to Lakeview Addition. Another prime area of concern is the Institute proper~y which is all zoned AR-1 and unplatted. i408 Adjourned Meeting Aspen City Council January 29, 1973 Discussed the interpretation of exemptions. Mr. Barrel explained there are some areas that are platted whickdo not have the required~right-of-way and/or meet other require- ments of the subdivision regulations so feel some platted areas still would require~re- _ view. Councilman Whita'ker suggested right-of-ways be handled by Master Street Plan rather than through the subdivision regulations. Question raised as to the discretionary power of the Pl~anning and Zoning Commission proposed ordinance states MAY exempt. Suggestion was made those areas that are platted be automatically exempt. Mr. Barrel explained there are areas where congestion and access are ultimately going to be a problem even though they are platted areas, i.e. Capitol Hill, Conners Addition, etc. Council concurred that criteria be established for exemptions 'and made a part of the ordinance. Basically saying that aBy property that meets the subdivision requirements is exempt from following the procedures.. Barrel stated as an example that might..fall ~ under the general exceptions would be an area that there would be no new impact on the community. Mr. Bruce Kistler, Attorney, staCed 'he was not opposed to,regulating condominiums, but doe's not agree with the ordinamee as written. This ordinance would require going throu- ghthe procedures for subdivision prior to the sale of land. Also would be paying the 4% open space requirement twice - once with the~subdivision plat and once with the condom- ium plat. Feel the ordinance should be considered in-mo~e-~detait prior to ad0ption. Mr. Barrel explained a condominium plat is the final sDep and its a conveyance of air space - would not be applying the 4% twice. Councilman Whitaker moved that the ordinance be re-written'to include criteria for exemptions. Seconded by Councilman Walls. All in favor, motionCcarried. Mr. Barrel to work with the City Attorney on criteria for exemptions. City Manager Campbell stated the staff of the City needs to review material in a more co-ordinated fashion .prior to Council or any other board .or commission consideration, -- which will be implemented right away. Council agreed to discuss a Master Street Plan.at a study session. Entire City Council agreed and waived notice thereof to hold a special meeting on Feb- ruary 5th at 5:00 p.m. to consider the ordinance relating to subdivision regulation amendment. Councilman Griffin moved to go into executive session to discuss counsel to represent the City on the Trueman Property Acquisition. Seconded by Councilman Nystrom. Ail in favor, mith exception of Councilman Walls, who abstained. Motion carried. Councilman Walls left Council chambers. Councilman Griffin moved to reconvene into adjourned session. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councilman Walls returned to Council Chambers. Councilman Griffin moved to retain Attorney James E. Hegarty of the firm of Holland and Hart to represent the City on the Trueman Property. Seconded by Councilwoman Markalunas. RolLcall vote - Councilmen Nystr0m aye; Breastad aye; Griffin aye; Markalunas aye; Walls abstain; Whitaker nay; Mayor Homeyer aye.' Motion carried. Councilwoman Markalunas and City Manager Campbell to negotiate for right of first re- Lots Q, R & S fusal on these lots. Block 93 councilman Whitaker moved to adjourn at 6:40 p.m., seconded by Councilman Walls. All in favor, meeting adjOurned. ~ '-----fS-orraine Graves, City Clerk