The URL can be used to link to this page

Home My WebLink Aboutminutes.council.197304231432 Regular Meeting Aspen City Council April 23, 1973 Meeting was called to order by Mayor. Eve Homeyer at 4:00 p.m. with Councilmen Scott Ny- strom, James Breasted, Ross Griffin, ~amona Markalunas, Jack Walls and City Attorney Ar- thur Daily. Councilman Griffin moved to approve the minutes of April 9th as prepared and mailed by the ~ City Clerk. Seconded by Councilman Breasted. ~11 in favor, motion carried. ' Councilman Francis Whitaker arrived. Mr. John Reed was present and request Clarification ~ the Resolution recently passed by Rulison, the City Council and further encouragement from the City to further investigate utili- Rocky Mountain ~tion of Rulison for energy in this area. Natural Gas City Manager Russ Campbell arrived. Mr. Reed outlined his concerns relating to the energy crisis and stated the whole busi- ness of energy will be changing drastically over the next 10 years. Council's Reso- lution stops their investigating other avenues of energy for this area. Council and Mayor stated the basis for the resolution' is to obtain full or sufficient information from Rocky Mountain Natural Gas prior to their chan~ng any element of the natural gas now being served to this community. Mr. Reed stated research on substitute for ha'rural gas has been going on for 20 years and it wou~d be 2 or 3 years before Rulison gas would be used as a supply. Aspen repre- ~nts ~ of their consumers. For the Communit'~y to accept nothing but natural gas will be- come very expensive based on the availability. Mayor Homeyer stated she would draft a prop6sed letter for Councilcconsideration that would encourage further research but at the same time, limiting the substance of the energy served to this area. City Attorney Daily stated the District Court ruled against the City, Judge Stewart based Three-Year his decision on the recent Supreme Court case relating to a five year residency. Judge Residency, Stewart has ruled the City of Aspen threeSyear ~esidency unconstitutional and has ordered Candidates the names to appear on the ballot. Councilm~n Walls moved to consider the decision of the three-year residency on the agenda. Seconded by Councilman Nystrom. All in favor, motion carried. Question to be considered - Should the City pursue this item to Supreme Court? - Councilman Breasted moved that the City not appeal the case. Motion died for lack of a second. Councilman Nystrom moved toappeal the District Co~r~ decision to Supreme?Court. Seconded by Councilman Walls. Council stated their concern for the coam~nity and the reasons for putting such a re- quirement in the Home Rule Charter, (4 members of Council on the Charter Convention). Roll call vote - Councilmen Nystrom, aye; Breasted, nay; Griffin, abstain; Markalunas, aye; Walls, aye; Whitaker, abstain; Mayor Homeyer, aye. Motion carried. Councilmen Griffin and Whitaker abstained, candidates for office in this election. Form required by the State was submitted. City Clerk reported all was in order.- Meeting Place, Inc., Councilman Griffin moved to approve the stock transfer. Seconded by Councilman Breasted. Stock Transfer Roll call vote - Councilmen Whitaker, aye; Wallsl, aye; Markalunas, aye; Griffin, aye; Breasted~ aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Mayor Homeyer opened the public hearing, there being no comments, Mayor Homeyer closed ORDINANCE #13, the public hearing. SERIES OF 1973 Councilman Griffin moved to read by title ORDINANCE #13, SERIES OF 1973 on second reading. Seconded by Councilman Whitaker. All in favor, motion carried. ORDINANCE #13, SERIES OF 1973, "AN ORDINANCE AMENDING SUBSECTION (e) OF SECTION 9 OF CHAP- TER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO ESTABLISH A NEW METHOD OF MEASURING THE MAXIMUM PERMISSABLE HEIGHT OF BUILDINGS", was read by title by the City ~ Clerk. ~ Councilman Whitaker moved to adopt ORDINANCE #13, SERIES OF 1973. Seconded by Councilman Markalunas. Roll call vote - CoUncilmen Nystrom~ aye; Breasted, aye; Griffin, aye; Mar- ~ kalunas, aye; Walls, nay; Whitaker, aye; Mayor Homeyer, aye. Motion carried. Mayor Homeyer opened the public hearing. There being no comments, Mayor Homeyer closed ORDINANCE #14, Regular Meeting Aspe~ City CoUncil April 23, 1973 ORDINANCE #14, SERIES 0F1973, '~N ORDINANCE AMENDING CHAPTER 23 OF'THE MUNICIPAL CODE OF THE CITY OF ASPEN BY REPE~LING'IN THEtR ENTIRETY EXISTING'SECTIONS 23-101, 23~102, 23-104, 23-106, 23-107, 23-108 AND 23-60 THEREOF AND BY ADDING THERETO NEW SECTIONS 23-101, 23-102, 23-104, 23-106 23-107, 23-108, AND 23-60 REVISING WATER RATES INSIDE AND OUTSIDE THE CITY~ INCREASING WATER TAP'CHARGES, AND'PROVIDING- THE OPTION OF METEREDOR FLAT RATE SERVICE TO SINGLE AND TWO'FAMILY DWELLINGS", was'read by title by the City Clerk. Councilman Walls moved to adopt ORDINANCE #14, SERIES OF 1973. Seconded by Councilman Griffin. Roll call vote - Councilmen Griffin~ aye; Markalunas~ aye;'Walls, aye; Breasted, aye; Nystrom, aye; Whitaker, aye; Mayor Homeyer, aye. Motion carried. Blue Sky, Inc. Applicant request this be tabled at this time, recent snow Slides~in the area, and desire Outline De- further investigation of avalanche danger. Council concurred~ velopment Plan Stallard H0uSe~ Mayor Homeyer opened the public hearing. City/County Planner Herb Bsrtel'sta. ted'previously H-Zoning information was given to Council which included a joint resolution of the Planning snd Zoning COmmissiOn a~dH{storic PreservatiOn CommiSsion recommending H-Zoning,.further have the letter of apProval from the President'of the HistOrical Society~ Councilwoman Markalunas stated she was the President of the Historical Society but felt this would not negate her voting on this matter. There~being no further.comments, Mayor Homeyer closed'the-public hearings RESOLUTION #9, Councilman~Walls moved~to read RESOLUTION #9,· SERIES~OF 1973~ Seconded by'CoUncilnmn Ny- SERIES 0F'1973 strom. Ail in favor, motion carried. '~ArHEREAS, the Owner of certain property kn0wn as the~D~R.~C. SUbdivision has'sub- mitted, in accordance with the zoning ordinances of the City of Aspen, a Final Planned Unit Development Plan for the lands contained in said Subdivision; and WHEREAS, the Aspen Planning and Zoning Commission has approved the said Finsl De- velopment Plan, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorsdo, that all of the lands contained within the D.R.C. Subdivision be and the same hereby are rezoned AR-1 Planned Unit DeVelopment in accordance with the Final Planned Unit Develop- ment Plan on file in the office of the City Building Inspector, and that the Zoning Dis- trict Map of the City of Aspen, Colorado, be and the same hereby is amended accordingly." Councilman Whitaker moved to adopt RESOLUTION #9, SERIES OF 1973. Seconded by Council- man Nystrom. Council took note of the Statement of Zoning which is attached to the resolution. Roll call vote - Councilmen~Nystrom, aye; Breasted, aye; Griffin, nay; Markalunas, aye; Walls, aye; Whitaker, aye; Mayor Homeyer, aye. Motion carried. Initiative City Attorney Daily reported it has come to the City's attention the affidavits do not Ordinance specifically state that the persons signed in front of the circulator Which is the word- ing outlined in the City Charter. Until the afficavits are corrected, do not feel the City should'consider the peition. Councilman Whitaker questioned if zoning can be changed by an initiative. City Attorney Daily stated yes, because it is felt that the procedures for zoning are taken care of by the election process. Council stated their concern that there are property owners in that area that are not even aware of the initiative process that is going on. Tabled until the next meeting,. Encroachments, Councilmen Whitaker and Nystrom submitted their report using as a basis the report sub- Public mitred by the Engineering Department Previously. Right-of-Way Councilman Walls moved to table this item until the next meeting. Seconded by Council- man Breasted. Ail in favor, motion carried. Holy Cross City Manager Campbell reported he and the elctric suPerintendent traveled to Glenwood Acquisition S~=i~gs and met with the board. Request at this time authority to offer a price and negotiate With Holy i~Cross. Councilman Walls moved tO authorize the City Manager to go ahead and negotiate with Holy Cross. seconded by Councilman Nystrom. Ail in favor, motion carried. '~-~ City Police ~ city Manage~ Campbell s~a~ed the recent offer by the Sheriff and County iS unreasonable County Sheriff and not feaszble. To ut~lmze the basement of the court house, there would not be'any Consolidation ditional room as presently exists. Request Council consider planning begin this year for the construction of a new facility that would also include the courts and perhaps be~ called a "Justice Center". Council agreed to meet with the County Commission on this pro- posal. Regular Meeting ~spen city Council April 23, 1973 .... Recreation Director Ted Armstrong suggest the Council accept the offer of William Teague Thomas Property, to work for t~e City this summer 8t $200.O0/month taring care.of maintenance of the pro- Summer Horse perry and the City..approve ofthe'utilizationof the land for~the keeping of 20 horses on Program the land. Offer would be open to the public~ ~ Councilman Breasted moved to approve this approach for the utilization of the'land. Secon- ded by Councilman Griffins' All in favor, motion carried. Recreation Director Ted Armstrong and City Manager Campbell suggest to Council City Em- Employee, ployees be allowed to play at the golf Course and use the swimming, pool free of charge. Recreation Fees Council discussed cut rate for families of city employees.~ Councilman Walls moved to approve a fmmily pass for full-time permanent employees of the City in the amount of'$50.00 and emptoyee'be allowed in free. Seconded by. Councilman Nystrom. Ail in favor, except for Councilwoman Markalunas Who abstained. Motion carried. Councilman Walls moved to read on first reading. Seconded by Councilman Nystrom. All in ORDINANCE #15, favor, motion-carried~ SERIES OF 1973 ORDINANCE #15, SERIES. OF 1973, '! AN ORDINANCE AMENDING THE' ZONING DISTRICT MAP OF THE CITY OF A~EN, COLORADO, DATED APRIL"3~ 1967,'AS AMENDED, DESIGNATING THE' PROPERTY KNOWN AS "UTE CEMETARY" AS AN H, HISTORIC OVERLAY DISTRICT", was read by title by the City Clerk. Councilman Walls moved to adopt ORDINANCE #15, SERIES'OF 1973 on first' reading. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom, aye; Breasted, aye; Griffin, i!aye; Markalunas, ~Te; jWalls, aye; Whitaker, aye; Mayor Homeyer, aye. Motion carried. Councilwoman Markalunas moved to read RESOLUTION #10, SERIES OF 1973. Seconded by Council- RESOLUTION #10, iman Walls. Ail in favor, motion carried. SERIES OF 1973 '.~HEREAS. under t~e provisions Of Section 22-27 of the-Aspen Municipal-Code, the City Council has~t~e authority to establish appropriate charges in connection with the t~w~ng of motor vehicles to the City.imp6und lot; and WHEREAS, the present towing fee of $10.00 per vehicle has become inadequate to meet the costs incurred by the City in connection-with such impoundment, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen that hence- forth the fee for towing motor vehicles to~the~City, impound lot'nnder the provisions of Article II of Chapter 22 of the Aspen Municipal Code shall be S15.00 per vehicle. ~ BE IT FURTHER RESOLVED that all prior resolutionsor motions of the City Council in conflict herewith be and the same hereby are declared rescinded and of no further effect." Councilman Walls moved to ~dopt RESOLUTIQ? #10, SERIES OF 1973. ~Seconded by Councilman ~ Whitaker. Roll call bore - Councilmen W,_itaker, aye; Walls, aye: dMarkalunas, aye; Griffin aye; Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Council agreed to hold a study session next Monday at 5:00 p.m. on zoning. Councilman Whitaker suggest Council consider public restrooms for the basement of the Opera House, also zoning of the Thomas Property. Council request something be done about the acoustics in Council chambers. Councilman Whitaker moved to adjourn at 6:35 p.m., seconded by Councilman Nystrom. Ail in favor, meeting adjourned. ~_~q~orrazne Graves~ City Clerk