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Home My WebLink Aboutminutes.council.197302261414 Regular Meeting~ Aspen City Council February 26, 1973 Meeting was called to order by:Mayo~ ~Evg?.H .omey~er~ at .4:l~:p.m~, w_-i~h Coun.¢ilm. e~ ~os,~_~.. Griffin, Ramona t4a.rkaluna~s~ Jack :t~adkl~ Fra.rlci~-.Whist. ak.er ~and~: Cit~y~M~Bag~r R~s Campbell Councilmn Walls moved to approve the minutes of February 12th as prepared and ~iled by the City Clerk. : Se~conded ..by C~u~i~n D~i-{f.in~ all in .~fa~or, motion carried. Public Participation Mrs. Dorothy Shaw and her representatives were presen%~and..~f~er~d -to.~ th~ C~ity-:a te~se , Midland Right- with an option to buy the Shaw interest in the Midland Right-of-way located in the south- of-Way west vicinity o~- th~ .City.~ ~.ie~ly outlined tke con. di-~on.s~, r~quest~d ~by Mr~a~. Shaw to finalize this transaction. Council took this it.e~.u~r a.dvi~.em~t.~ ~.: City Attorney Arthnr,.Dail~ arrived. ~,~ -~- Mr. Lou Willie was present to re~ent,-a~her- c~izen~s ,~d ~u¢~t th~ .:~0un~i!: :adopt-,- Gas Development an ordinance not authorizing the _diStribution_ ~D ~be :A~.~.~gm~a-~ of ya;d%~tCd ga~> - ~ Atomic blast to be rode in, t~he: Ri~: Blan~ 9=~a .3st~i5in Na~h.c -U~r ,R~vi.~9~t-..~.. Red Mountain Ranch Cauncitm~:~:i~ke=, moved ~o,.app~o~ Che~ ~em~as laS- submitted .__ Water Easements a.nd authorize the Mayor and City Clerk ~o sig~ same.. Seconde~ tby ~il~man _~: Markalunas. Roll call vote - Councilmen Griffin aye; ~r~lun. as' ~aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Council concurred to ~establish March 12th ~as the- Public hearing on the subdivision plat Destination and PUD plan. .;..- ~ Resort Corpor- ation S ubdivis- Council~n James Breasted~ arrived ...... ion Council concurred and amended Section t (k) as f~llow~:: "Tke kay, ual f~ee :fo.r l~c~nsing ORDINANCE #6 a dog shall bm $1.50, which fe.e aha~l ~e~ paid by the, o~em ..to the :veterinarian at the SERIES OF 1973 time of inoculation. This fee shall be c~sidered a license tax and shall be remitted by -the v:eterinarian to the-City Fin~cm~:Dire¢~or~.within .ten ~(10)~ days ~ot!owing :the end of the calendar month i~ which.:suc:h dog was .mnoculate .. Council~n Walls moved to .read Ord~anc~ ~6,. :Series of 1973 ~ fi=st ~rea~mng as~ amended. Secon&ed hy Council~n Whitaker. All, in favor, mot:ion ca=tied.. - ~ O~I~NCE #6., SERIES: OF .197-3. ~.OR~INANC~.~D-ING' SECT:ION t5.~28~ AND.. SECTION 5-29~. AND~: . SECTION 5-31~ AND SECTION 5-32~ AND SECTION 5-45~ AND SECTION 5-48~ AND SECTION 5-62, AND' REP~LING SECTION 5-30,' S. UMSE~ION , d "AN~~ SECTI~ 5-60 5,;61:,. 5-6a:, A~ AND. REP~LING ;~JRE'P~CING .SECT%ON 5-66 OF C~PTER 5 OF T~ ASPEN MUNICIPAL CODE TO PROVIDE FOR THE A~AL. ISSUANCE OF ~BIES. VACCINA'TIQN AND; ~O. LICENSE TAGS BY LICENSED VETERINARIANS~ SETTING THE FEES IN CONNM~TION TH~R~ITH~ INCR~SING THE DA.ILY DOG I~OUND ~TE ~. AND TO ~END CERTAIN OT~R~ ;P~tSIQNS ~O.F SAID'~B~ER 5 ~ ~; ACCORDANCE WI~T-H THE,.- AFORESAID C~NGES~ AND A~PTING A NEW DIVISION 4 TO ARTICLE II ~ SAID C~PTER 5 ESTABLISHING THE ~PE~LTIES~ FOR ~VIO~TI~S:' 9F'~A~IC~II A~ ~RO~ID'ING~ ~R .OPT.IONAL PENAL~ ASSESSORS FOR CERTAIN VIO~TIONS THEREOF A~ EST~L~SH~G A ~HEDULE~. y~ O~-~aUCH PENAL~ ASSESSMENTS was read by title by the City Clerk. Council~n Walls moved to adopt Ordinance #6, as amended. Seconded by Council~n Whitake; Councilwo~n ~rka;lunasmoved to amend the:Ordinance to show a -fee '_of S1.50 for ~transfer fee under Section 4. Seconded by Council~n Walls. All in favor, motioD carried. Roll call vote - Co~cilm~n ~hitaker aye;;Walls.aye; ~rkal~as aye; Grilling aye; Main Motion ' d Breasted aye; Mayor Homeyer .aye. Motion carrze . Suggestion was ~de by Councilwo~n ~rkalunas that when the study is being connected ORDINANCE #7, relating to the water rates, high~ rates be considered for.~those;areas reouiring SERIES OF 1973 special pumping, etc. City Attorney Daily stated the Ordinance before Council is exactly the same ordinance as passed in 1971, problem being the bearing date was omitted on publication of the ordinance. Council~n Breasted moved to read on first reading Ordinance ~7, seconded by Council~n Walls. All in favor, motion carried. ORDI~NCE #7, SERIES OF 1973 AN. ORD,~MCE. ~-ACTING IN ITS ENTIRE~ CI~ OF ASPEN ORDINANCE NO. 34 OF THE SERIES OF 1971, THE TITLE OF ~ICH ORDINANCE NO. 34 (SERIES OF 1971) R~D AS FOLLOWS. AN ORDINANCE ~E~ING SECTION 6~ C~PTER 3 OF TITLE III OF THE ~NICIPAL CODE OF ~E CITY OF ASPE-N ENTITLED ~TES A~ C~RGES ~ REVISING WATER ~TES INSIDE AND OUTSIDE THE CI~ REQUIRING RESIDE~IAL F~T ~TE SERVICE FEES ON SINGLE A~ ~O F~ILY DWELLINGS~ AND ~ENDING SUBSECTION (A) OF SECTION 7~ C~PTER 3 OF TITLE III OF ~E ~NICIPAL CODE OF ~E CI~ OF ASPEN~ ELIMINATING METERS FOR SINGLE AND ~0 1415 Regular Meeting Aspen City Council February 26, 1973 FAMILY DWELLINGS FROM THE DATEOF THIS ~ORDINANCE~ AND AMENDINGSUBSECTION (B) OF SECTION 9 ~ CHAPTER 3 OF TITLE' III ~OF THE MUNICIPAL CODE OF-THE CITY ~OF ASPEN INCREASING WATER TAP CHARGES.~.~ ~as, r99d_~M_t~i.'t~g ~by..~he City Clerk. Councilman Griffin moved to adopt Ordinance #7, Series of 1973 on firs't reading. Seconded by Councilman Walls. Roll call vote -.Councilmen Whitaker aye; Breasted aye; Griffin aye; Markalunas nay; Walls aye; Mayor Homeyer aye. Motion carried. ORDINANCE Councilman Walls moved to read Ordinance #8, on first reading. Seconded by Councilman #8, SERIES Breasted. Ail in favor, motion carried. OF 1973 ORDINANCE #8,. SERIES OF 1973 AN ORDINANCE AMENDING SECTION 22-26 OF CHAPTER 22 OF THE ASPEN MUNICIPAL CODE BY ADDING SUBSECTION (15) THERETO AUTHORIZING IMPOUNDMENT OF MOTOR VEHICLES FOR WHICH A PAPd4ING~ STOPPING OR STANDING VIOLATION CITATION HAS BEEN OUT- STANDING FOR OVER SIXTY {60) DAYS was read by title by the City Clerk. City Manager Campbell pointed out the real basis for the ordinance relates to rental cars and the responsibility of the ticket. Councilman Griffin moved to adopt Ordinance #8, Series of 1973 on first reading. Seconded by Councilman Walls. Roll call vote Councilmen Griffin aye; Markalunas aye; Walls aye Breasted aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE ORDINANCE #9, SERIES OF 1973 - City Attorney Daily briefly explained the intent of the #4 SERIES ordinance to suspend temporarily building permits where rezoning procedures have begun OF 1973 and the project would not be permitted under the proposed amendment. City/County Planner Barrel explained the ordinance must ~o back to the Planning and Zoning Commission for hearing and recommendation prior to consideration of the ordinance by Council. Councilman Griffin moved to send back Ordinance #9, for P & Z public hearing and review~ Seconded by Councilman Breasted. Ail in favor, motion carried. ORDINANCE Councilwoman Markalunas moved to read on first reading Ordinance #10. Seconded by #10 , SERIE~ Councilman Breasted. Ail in favor, motion carried. OF 1973 ORDINANCE #10, SERIES OF 1973 AN ORD~NCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN~ COLORADO~ DATED APRIL 3~ 1967~ AS AMENDED~ DESIGNATING LOTS R AND St BLOCK 81, CITY AND TOWNSITE OF ASPEN.~ COLORADO~ AND THE WHEELER OPERA HOUSE SITUATED THEREON, AS AN H~ HISTORIC OVERLAY DISTRICT was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #10, Series of 1973. Seconded by Councilman Whitaker. Roll call vote - Councilman Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer a~ jM~t~n_~r~e~-: 7~--~ ORDINANCE Mayor Homeyer opened the public hearing. There being no comments, Mayor Homeyer closed #5, SERIES the public hearing. OF 1973 Councilman Griffin moved to read Ordinance #5, Series of 1973 on second reading. Seconded by Councilman Whitaker. Ail in favor, motion carried. ORDINANCE #5, SERIES OF 1973 AN ORDINANCE AMENDING SECTION 24-8, SUBSECTION {b) USES- CONDITIONAL (2) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN~ COLORADO~ TO PERMIT SKI RUNS SKI LIFTS AND OTHER SKIING FACILITIES AND STRUCTURES AS ADDITIONAL CONDITIONAL USES IN AF-AGRICULTURAL/FORESTRY ZONING DISTRICT was read by title by the City Clerk. Councilman Whitaker moved to adopt Ordinance #5, Series of 1973. Seconded by Council- man Breasted. Roll call vote - Councilmen Whitaker aye; Walls a~e; Markalunas aye; Griffin aye; Breasted aye; Mayor Homeyer aye. Motion carried. Council agreed to schedule the public hearings on Ordinances 6, 7, 8 and 10 for March ;~ 12th at 4.3' 0 p.m. City Manager Campbell reminded Council of the study session on Tuesday, 2/28/73 at 7:30 p.m. to review outstanding issues of the City and priorities of the City. City Clerk was con~nended for putting into operation the new format of the Council agenda. Trueman Mr. Campbell repo~ted he, Herb Bartel and Art Daily have been representing the City as Property relates to the negotiations for the purchase of the property. In reviewing the City's financial condition, other priorities of the City and expected revenues from the 7th penny sales tax, concluded the City's needs could be met with the purchase of ~e 11~ acres on the east side of Mill Street. In negotiating gave more value to this land. Based on the option agreement price for the 19 acres, the cost would be $4.40 per sCnare foot. Negotiated and reached an agreement with Mr. Trueman for the City's purchase of 11~ acres more or less at a price of $1,750,000. 1416 Regular Meeting Aspen City Council February 26, 1973 Councilman Breasted moved to approve the negotiations as outlined by City Manager Campbell. and authorize the City Manager to proceed with the necessary documentation to consumate the purchase of the 11~ acres at a price of $%,750,000f Seconded by Councilman Griffin~ ~ City/County Planner Bartel informed Council he agreed with~this proposal end outlined the preliminary proposed uses for the property. Councilman Whitaker stated his concern of the additional interest costs to the City if the closing takes place prior to collection of the sales tax (July lst). City Manager Campbell stated he had looked into this and Mr. Trueman is willing to hold the closing on July 1st, being the same day as the collection Of the tax begins. Bonding Counsel reports the closing on the bonds can take place at this same time for the purchase of the land. Roll call vote - Councilmen Breasted aye; Griffin aye; Markalunas aye; Walls abstain; Whitaker aye; Mayor Homeyer aye; Motion carried. Mr. Barrel explained the Colorado University students will be in Aspen on March 9th to Public Malls present their preliminary findings for Council and Planning and Zoning consideration. City Attorney Daily outlined and submitted to Council the legal requirements and procedures involved with malls being introduced to the streets. Council stated their con, ems for initiating this program by June 1st as promised the petitioners and meeting the legal requirements. City Manager Campbell stated the two most important reasons for failure of malls are (1) lack of parking and close proximity~of the parking and (2) completeness of the entire project - temporary malls don't work. Councilman Whitaker moved to adjourn at 6:15 p.m., seconded by Councilman Walls. All in favor, meeting adjourned. ? ~ '-~-Lorraine Graves, City Clerk