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HomeMy WebLinkAboutminutes.council.19730409 1429 Regular Meeting Aspen City Council .April 9, 1973 Meeting was called to order by Mmyor Eve Homeyer at 4:00 p.m. with Councilmen Scott Nystrom, ~ames Breasted, Ross Griffin,~Francis Whita'ker, City Attorney Arthur Daily~ City Manager R~ss Campbell and Student Representative Timber Dic'k. '~ Councilmmn Griffin move~ t0 approve'the minutes of March 26, 1973 as prepared and mailed by the City Clerk. Seconded by Councilman Nystrom. Ail in favor, Councilman Whita'ker abstained. Motion carried. Horse Drawn Mr, Campbell reported Mr. J0hn Hayes had approached him relating to the use of mini type Vehicles bus on wheels drawn by horses to be used between the two parking'lots for the shuttle system. Referred to the mall committee. Accounts Councilman Nys~rom moved to approve the accounts payable as submitted. Seconded by Payable Councilman Griffin. Ro!l call vote - Councilman Nystrom aye; Breasted aye; Griffin aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. Councilman Jack Walls arrived. La Cocina Required form of the state was submitted for the remodeling of l~quor licensed premises. Councilman Walls moved to approve the form as submitted. Seconded by Councilman Griffin. Roll call vote - Councilmen Nustrom ~ye; Breasted aye; Griffin aye; Walls aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. City AttornE Memorandum was submitted by Man~ger.Campbell outlining the terms acceptable to Sand~a Stuller. Councilman Griffin moved'to appoint Sandra Stuller as th& City Attorney as per the agreed terms. SeConded by Councilman Walls. Roll call vote - Councilmen Whitaker aye; Walls aye; Griffin aye; Breasted aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Councilman Walls moved the City Council go on record commending and thanking Arthur Daily for his service to the City. Seconded by Councilman Nystrom. Ail in favor, motion carried. Towing Bids Chief Ritchey reported one bid had been received from Thorpe Towing and VW Repair, $2.00 higher than the previous bid. Request Council upon acceptance of this bid, increas~ the towing fee from $10.00 to $13.00 or $15.00. Councilman Breasted moged to increase the towing charge from $10.00 to $15.00. Seconded by Councilman Whita'ker. Ail in favor, motion carried. Councilman Walls moved to'accept the bid of Thorpe Towing and VW Repair. Seconded by Councilman Whitaker. Ail in favor, motion carried. police Ch~i~f~Rmt~c~eyi~eported thmee bids have been received. Recommend the Council approve the VehiCle Bids bid Of Rifle AUto (Ford) since police package is included and they will accept the car back after 40,000 miles if it is in reasonable condition. Bids on a lease basis only.* Councilman Walls moved to approve the Police Chief recommendation of Rifle Auto. Seconded by Councilman Breasted. Ail in favor, motion carried. ORDINANCE Mayor Homeyer opened.the public hearing. City Attorney Daily submitted revisions agreed #11, SERIES upon by the Building Inspector and Mr. McDade who is an applicant for central system. OF 1973 Discussed certification of the operation, as required in the ordinance and the availabil- ity of someone Who could do~ithe certification. ~Clayton Meyring, Building Inspector, stated at this time he is not qualifi~ed to issue a certificate. Mayor Homeyer closed the public hearing. Councilman Griffin moved t,o.re.fe~.the ordinance back to the City Attorney and City ~ Mmnager fOr further clarification relating to certification. Seconded by Councilman Walls. All in favor, motion carried? H Zoning' Mayor Homeyer opened the public hearing on H Zoning Designation for the Stallard House and Ute Cemetery. Assistant Planner Fred Wooden request the Council table consideration of the Stallard House at this time, formal approval of the owner has not been obtained. Mr. Finholm, Chairman of the Historical Preservation Commission submitted memorandum of their investigation and reSolution of the Planning and Zoning Commission recommending appmoval. Mr. Finholm stated Ute Cemetery meets all the criteria for H designation. Mayor Homeyer closed the public hearing. Councilman Wails moved to preceed with the rezoning of ~te Cemetery and instruct an ordinance to be prepared. Seconded by Councilman Whitaker. All in favor, motion carried 1430 . ~Regu!a?.~Meeting '~ppenCity Council . . A~ Draft agreement was submitted for Coun6~l'app~ovai. Amendment to the wording relating to Hotel Jerome landscaping and parking were made for better clarification of the~sentence. Rezoning Agreement Mr. Wooden outlined the necessary variances that would also have to be obtained from the Board of Zoning Adjustment: non-conforming b~ii~ing, parking requirements. Mr. Wooden further explained the outcome of the variances will be shown on the site plans which require review on a preliminayy basis by the P & Z and City Council and final site plan review by the P & Z. Discussed the open space to the west of the building also being designated as H zoning. Mr. John Gilmore, owner of the Hotel Jerome, stated H zoning may prevent the use of the patio for lunches etc., also may need to excavat~ i~ that area for underground parking. It was concluded if the open sp~ce is shown on the site plan, this would be sufficient to retain that space as open. Councilman Breasted moved to authorize the Mayor and City Clerk to sign the agreement as amended'~ to include the working landscaping and adequate par'king. Seconded by Councilman Nystrom, Roll call vote-C0un'cilmen"Nystrom,'Jye; Breasted, aye; Griffin, aye; Walls, aye; Whitaker, aye; Mayor Homeyer, aye. Motion carried. Proposed wording to be made a part of the Aspen Zonzng Map was submitted, relating to consideration of the zoning now in process and alerting the public'changes in zoning may occur. Councilman Breasted moved to adopt the proposal as submitted.and ~:~same be made a part of ~he zoning map, Seconded by Conn~ilman '?~alts. Roli call vote- Councilmen Whitaker, aye; Walls, aye; Griffin, aye; Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Letter agreement was submitted by City Engineer Dave Ellis. Easement not available at thi~ Telephone time due to a complete description that would allow for =etention of trees. Easement Councilman Wall's moved to approve the lette~ agreement as submitted. Seconded by Councilman Griffin· Ail in favor, motion carried. Engineer Ellis request authorization of funds in the amount of $2,000 for a water quality Area Wide s'~udy of the Roaring For'k Drainage area. Study being financed also by EPA, Water Pollu- Sanitation tion Control Board of the State Health Department, SnoWmass, two Sanitation districts and Plan County. Grants will not be able to be obtained without this study. Councilman Whitaker moved to authorize ~he expenditure of $2,000. 'Seconded by Councilman Walls. Roll call vote - Councilmen Walls aye; Breasted aye; Griffin aye; Whitaker aye; · d Nystrom aye; Mayor Homeyer aye~ Motion carrze . Not Present. Manager Campbell stated they desired to present a formal proposal this date. McCauley and Suggestion has been made to them~"they' Consi~e~'ipubmitting their proposal at the correct Marsh Proposal stage of implementation of the transportation plan%~ Councilman Walls moved to read on first reading Ordinance #14, Series of 1973. Seconded ORDINANCE by Councilman Griffin~ Ail in favor, motion carried. #14, SERIES ~ O~ 1973 ORDINANCE #14, SERIES OF 1973, AN ORDINANCE AMENDING CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY REPEALING IN THEIR ENTI~TY EXISTING SECTIONS 23-101, 23~102, 23-104, 23~106, 23~107, 23~108 AND 23-60"THEREOF ~ND BY'ADDING THERETO NEW SECTIONS 23-101 23-102, 23-104, 23-106, 23-107, 23-108 A~ ~23-60.~EV%SING WATER RATES INSIDE AND OUTSIDE THE CITY, INCREASING WATER TAP CHARGES, AND~PROViDING THE OPTION OF METERED OR FLAT RATE SERVICE TO SINGLE AND TWO FAMILY DWELLINGS, was read by title by the City Cler~k. Councilman Wall~'moved to adopt Ordinance #14, Series of 1973 on first reading, Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motiom carried. City Attorney Daily submitted an agreement with Luther Albright concerning 10 additional Dog Pound ~kennels; agreement with County Cormnissioners relating to a split in cost and revenues of Agreements the Animal Warden. Councilman Walls moved to adopt the agreements as submitted. Seconded by Councilman Whita'ker. Roi1 call vote - Councilmen Nystrom aye; Griffin aye; Walls aye; Whitaker aye; Breasted aye; Mayor Homeyer aye~ Motion carried. Councilman Breasted moved to read on first reading Ordinance #13, Series of 1973. Seconde. ORDINANCE by Councilman Nyatrom, Ail in favor, motion carried. #13, SERIES OF 1973 ORDINANCE #13, SERIES OF 1973, AN ORDINANCE AMENDING SUBSECTION (e) OF SECTION 9 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO ESTABLISH A NEW METHOD OF MEASURING THE MAXIMUM PERMISSIBLE HEIGHT 0F BUILDINGS, was read by title by the Regular Meeting Aspen City Council ......... April ~ 1973 Councilman.Breasted moved td ~dopt Ordinance #13, Series of 1973 on first reading. Seconded by Councilman Nystrom. Roll call vote - COuncilmen Nyatrom aye; Breasted aye; Griffin aye; Walls nay; Whita'ker aye; Mayor Homeyer aye. Motion carried. RESOLUTION Councilman Griffin moved~to read Resolution ~7,·Series of·1973, seconded by Councilman #7, SERIES Breasted. Ali in favor, motion carried. OF 1973 WHEREAS, by Ordinance No. 5 of the Series of 1961, the City of Aspen, Colorado granted to Rocky Mountain Natural Gas Company, Inc. a franchise for the transmission, distribution and sale of "gas, either natural, artificial or mixed" to the City of Aspen and the inhabitants thereof; and WHEREAS, it has come to the attention of the Aspen City Council that the said Rocky Mountain Natural Gas Company is contemplating the purchase of gas freed by the 1969 underground nuclear blast at Rulison, Colorado, and the eventual transmission and the sale of such gas through its distribution system; and WHEREAS, the~City Council is deeply concerned about the potential dangers arising from the radio-activity which will be present in subh Rulison gas; and WHEREAS, it is the opinion of the City Council that the authorization in the franchise to distribute~and sell natural g~s, or upon the failure of the supply of natural gas, to supply artificial or mixed gas, does not include the right to distribute and sell gas containing a higher radio-active count than the gas which the parties to said franchise intended to be delivered at the time said franchise was granted, NOW, THEREFORE, BE IT RESOLVED by the'City Council of the City of Aspen, Colorado, that ho.gas of any kind containing a radio-active count higher than that present in the gas originally Supplied to the City of Aspen under its 1961 franchise with Rocky Mountain Natural Gas Company, shall ever be introduced into the City gas distribution system without the franchise being appropriately amended and the prioC written consent of the Aspen City Council being first obtained, and BE IT FURTHER RESOLVED, that a violation of the aforesaid Resolution shall be deemed a default under the terms and provisions of said 1961 franchise. Councilman Whitaker request the resolution be amended to include the wording "without a revision of the franchise." Councilman Griffin moved to adopt Resolution #7, Series of 1973 as amended. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Walls aye; Whitaker aye;.Mayor Homeyer aye. Motion carried. RESOLUTION Councilman Walls moved to read Resolution #8, Series of 1973. Seconded by Councilman #8, SERIES Whitaker. Ail in favor, motion carried. OF 1973 WHEREAS, Senate Bill 228 "Concerning Standards and Training for~the Certification of Peace Officers" has been introduced in ~he Forty-ninth General Assembly of the State of Colorado; and WHEREAS, the Aspen Chief of Police advises that this Bill is the result of lengthy study and discussion by police officials throughout the State of Colorado, and that his department believes that the Bill merits the full support of the Aspen City Council; and WHEREAS, the Aspen City CounCil has carefully reviewed the Bill, and has determined that the enactment of such legislation into law would be in the heat interests of the Aspen dommunity and serve to promote the health, safety and general welfare thereof. NOW, THEREFORE, BE IT 'RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the City Council strongly endorses the passage by the Forty-ninth General Assembly of Senate Bill 228 "Concerning Standards and Training for the Certification of Peace Officers." Councilman Whitaker moved to adopt Resolution ~8, Series of 1973. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye; Motion carried. Agenda Manager Campbell request clarification from ·Council on those items being of an administra- Items tire nature on the Council agenda, i.e. bids, easements, etc. Council request that unless .the item relates to a financial change than what has been budgeted or a policy decision, the item should not appear on the agenda.~ Councilman Walls moved to adjourn at 6:15 p.m., seconded by Councilman Nystrom. Ail in favor, meeting adjourned.