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Home My WebLink Aboutminutes.council.19730514R.e.~.ular Meeting Aspen City Council May 14, Meeting was called to order by Mayor EVe Homeyer at 4:00 p.m. with Councilmen Scott Nystrom James Breasted, Ramona Markalunas, and City Attorney sandra Stuller. Councilman Nystrom moved to approve the minutes of April 23, lq73, as prepared and mailed by the City Clerk. Seconded by Councilman Breasted. Ail in favor, motion carried. Mr. Robert Marsh was present (letter of reauests previously submitted to Council) to re- West Side view with the Council the Association's requests i.e. density violations of occupancy, ~ Improvement etc. See letter on file~ Mr. Marsh stated the letter has been answered by the City Manager Association i Further request to gq on record the West Side Improvement Association agrees with straight across the board of down zoning, not just certain areas of the community. The group is represented by 120 family memberships and extends from the north, side of Main Street from from Hallam to the river~ Councilman Ross Griffin arrived~ View Control Mayor Homeyer opened t~ public hearing, resolution of the Planning and Z~ni~Commission recommending approval was submitted. Mr. Barrel, City/County Planner stated this proposal is being made in two parts: (1) general provision to be made ~ part oflChapter 24 allow- ing view planes or view corridors to be established; [2) specific view plane from'Glory Hole Park of Independence Pass. Mr. Barrel reviewed with jCouncil maps and slides of the view plane from Glory Hole Park. Further explained each view corridor or plane will have its own criteria depending on the c~rcumstances involved. Ordinsnce does limit view cor- ridors or planes from public places only. There being no further comments, Mayor Homeyer closed the public hearing. Trails Plan Mayor Homeyer opened the public hearing, resolution of the Planning and Zoning Commission was submitted recommending approval. Mr. Barrel explained this would be an amendment to the 1966 General Plan to include the trails plan (map submitted). M=. Barrel further ex- plained the plan is not specific as to a description, this is left flexible as development occurs. This amendment is proposed as an addition to the required 4% dedication as the basis for the 4% is for park areas, school, etc. in devlopments in the outlying areas. Trail specifications will be as established by the forest service. There being no further comments, Mayor Homeyer closed the public hearing. Open Space Mayor Homeyer opened the public hearing. Building Inspector Clayton Meyring reviewed with Requirement, the Council the proposed ordinance. Ordinance is merely to clarify the existing requirement Clarification ~ouncil questioned the requirement of living plants, etc. section, as the growing season zs so short in this area~ Landscaping can mean paving andlighting as well as living plants There being no further comments, Mayor Homeyer closed'the public hearing. Interim Zoning Mayor Homeyer opened ~he public hearing. Mr. Barrel stmted this ordinance has been in the mill since January and everyone is qui~e familiar with it. Mr. Bartel explained how the ordinance had originated, wherein at the time Planning and Zoning recommended establishing an A/F zone on Aspen Mountain and the greenline proposal they also recommended, a holding action so that an ordinance could be upheld during time of adoption. Also requesting Council consider this as an emergency ordinance. There being no further co~L~ents, Mayor Homeyer closed the public hearing. Master Plan Mr. Barrel briefly reviewed with Council the map being worked onaas relates to Master Plan ~Updating & Up-dating. Further the archtectural association would like to work on a design plan for Building Per- the downtown area. Mr. Bartel suggest Council consider this on an hourly basis. mit Review Councilman Griffin moved to request the Planner pm~ceed with the design plan along with the associstion following submisSions'by the association of specific schedule, plan and proposed man hours. Seconded by Councilman Bseasted. Ail in favor, motion carried. Council agreed to hold a study session onMay 21st to review the map for the Master Plan Up-dating and as the basis for building permit review. Hearing on same to be on June llth: Council agreed. Councilwoman Markalunas moved to advertise the vacancy on the Historic Preservation Com- mission. Seconded by Councilman Nystrom. Ail in favor, motion carried. C & K, Stock Form as reouired by the State was submitted. City Clerk and City Attorney reported all Transfer was in order. Councilman Griffin moved to approve the stock transfer as submitted. Seconded by Councilman Breasted. Roll call vote - Councilmen Nystrom,aye: Breasted, aye: Griffin, aye; Markalunas, aye; Mayor Homeyer, aye. Motion carried. Mayor's Deed city Clerk submitted to Councila deed to Mr, and Mrs. Reid's and Mr~ and Mrs. Bretsfor4s. Councilman Nystrom moved to authorize the Mayor and City Clerk to. sign the deed with the spelling correcaion of the name Reid. Seconded by C~uncilwomancMarkalunas. ROI1 call vote, Councilmen Markalunas, aye; Griffin, aye; Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Meeting Dates Councilman Breasted moved to establish the next meeting date as~May'29th due to'the holi- day. Seconded by Councilwoman Markalunas. Ail in favor, motion carried. Memorandum: City Manager Campbell submitted to Coumil a memorandum reouesting Council adopt a reso- Mall lution outlining that the property owners will not be assessed for the malls and further maintenance of the area will be provided. These are the two main~concerns of the businesse~ in the core area. Councilman Griffin mOved to resolve that~the City.Council will sign a resolution, that'~there will not be any assessmentsmade for the malls. Seconded'by Councilman~Breasted. ROi1 call vote - Councilmen Nystrom, aye: Breasted, aye; Griffin, aye: MarRatunas, aye: Mayor Homeyer, aye. Motion carried. Council reouest the City Attorney prepare a resolutionfor the Mayor's signature. Residency Case. City Attorney Stulle~ stated the one-year has been-~einstated and could amended if'the City Supreme Court could establish with the court that more~than one year is required. This would reauire very high standards to justify more than one year. Council reauest the City Attorney check into the court case involved with purging of the~ registration books. Mayor Homeyer opened the public hearing. ORDINANCE SERIES OF 1973 Owner of the Pitkin County Alarm Systems was present and stated he was agRinst the ordi- nance. No. 1, no reauirements in the ordinance relating to regulating a central bureau- no certification. No. 2, there are no requirements relating to the personnel who will be running the system. Feel all calls should be monitored. Mr. Bower representing a central alarm system stated false alarms are reduced with a central system as the premises are called immediately and it's ascertained at that time if it is a false alarm. Hot lines are provided all of which are monitored and automati- cally ring on those occasions when a phone is knocked off the.hook or a line is cut. Mayor Homeyer closed the public hearing. Councilman Griffin moved to read Ordinance 411, on second reading. Seconded by Council- man Nystrom. Ail in favor, motion carried. ORDINANCE 411, SERIES OF 1973, "AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY THE ADDITION OF CHAPTER 18 THERETO ENTITLED "EMERGENCY ALARM SYSTEMS!'~ MAKING ALARM SYSTEMS DIALING AUTOMATICALLY INTO CITY DEPARTMENTS UNLAWFUL, AND ESTABLISH- ING PROCEDURES FOR THE LICENSING BY THE CITY FINANCE DIRECTOR OF CENTRAL OFFICE EMER- GENCY ALARM SYSTEMS AND FOR THE REVOCATIONGOFSUCH LICENSES, AND REQUIREING THE REMOVAL OF EXISTING ALARM SYSTEMS CONNECTED WITH THE ASPEN POLICE DEPARTMENT WITHIN A SPECIFIED PERIOD OF TIME, AND MAKING THE REPORTING OF FALSE ALARMS THROUGH SUCH ALARM SYSTEMS UN- LAWFUL AND PROVIDING PENALTIES THEREFORE", was read by title by the City Clerk. Councilman Griffin moved to adopt Ordinance 411, Series of 1973. Seconded by Councilwoman Markalunas. Roll call vote - Councilmen Nystrom, aye; Breasted, aye: Griffin , aye; Mar- kalunas, aye; Mayor Homeyer, aye. Motion carried. 15 Mayor CMomeyer opened the public hearing, there being no co~nents, Mayor Homeyer closed ORDINANCE 4 the public hearing. SERIES OF !9~3 Councilwoman Markalunas moved to read Ordinance 415, Series of 1973 on second reading. Seconded by Councilman Nystrom. Ail in favor, motion carried. ORDINANCE 415, SERIES OF 1973, "AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, 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 Griffin moved to adopt Ordinance 415, Series of 1973. Seconded by Council- woman Markalunas. Roll call vote - Councilmen Nystrom, aye; Breasted, aye: Griffin, aye: Markalunas, aye; Mayor Homeyer, aye; Motion carried. Councilwoman Markalunas moved to read on first reading Ordinance 49, Series of 1973. ORDINANCE Seconded by Councilman Griffin. Ail in favor, motion carried. SERIES OF 1Q73 ORDINANCE ~0, SERIES OF 1973, "AN ORDINANCE AMENDING SECTION 24-12 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADDING SUBSECTION (c~ THERETO TEMPO- RARILY SUSPENDING THE ISSUANCE OF BUILDING PERMITS WHICH WOULD BE PROHIBITED BY A PEND- ING ZONING AMENDMENT FOR WHICH W@UMROCEDURES TO AMEND THE TEXT OF CHAPTER 241 OF THE ASPEN MUNICIPAL CODE OR THE ASPEN ZONING DISTRICT MAP HAVE BEEN PROPERLY INITIATED BY THE CITY AND THE ASPEN PLANNING AND ZONING COMMISSION HAS ADOPTED A RECOMMMENDATION TO THE ASPEN CITY COUNCI'L ON SUCH PROPOSED AMENDMENT: A~ID DECLARING THAT AN EMERGENCY EXISTS REOUIRING IMMEDIATE ENACTMENT", was read by title by the City Clerk. Councilwoman Markalunas moved to adopt .Ordinance 49, Series of 1973. Seconded by Council- man Griffin. Roll call vote - Councilmen Nystrom, aye; Breasted, aye: Griffin, aye: Mar- kalunas, aye; Mayor Homeyer, aye. Motion carried. Council agreed to hold the second reading on Monday, May 21st. Councilman Breasted moved to read Ordinance 416, Series of 1973 on first reading by de- ORDINANCE #16, leting Paragraph 5. Seconded by Councilman Nystrom. Ail in favor, motion carried. SERIES DF 197~ ORDINANCE 416, SERIES OF 1973, "AN ORDINANCE AMENDING SECTION 7 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY REPEALING THE "OPEN SPACE REOUIREMENT" PROVISIONS OF SUBSECTIONS (a), (b), AND (c) THEREOF (THE C-i'COMMERCIAL C-C COMMERCIAL CORE, AND C-2 COMMERCIAL SUBSECTIONS) AND ADDING TO EACHC.OF SAID SUBSECTIONS (a), ~b), AND (c) THEREOF NEW, BETTER-DEEINED "OPEN SPACE REQUIREMENT" PROVISIONS" was read by title by the City Clerk as amended. Councilman Breasted moved to adopt Ordinance 416, Series of 1973 on first reading. Se- conded by Councilman Griffin. Roll call vote - Councilmen Nystrom, aye; Breasted, aye: Griffin, aye; Mar'kalunas, aye: Mayor Homeyer, aye. Motion carried. ORDINANCE #17, Councilwoman Markalunas moved to read on first reading Ordinance #17, Series of 1973. Se- SERIES OF 1973 conded by Councilman Nystrom. Ail in favor, motion carried. ORDINANCE #17 SERIES OF 1973, "AN ORDINANCE AMENDING SECTION 24-9 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY THE ADDITION OF SUBSECTION (h) . RESTRICT- ING HEIGHTS OF STRUCTURES WITHIN AREAS NECESSARY TO PRESERVE MOUNTAIN VIEWS",--was read by title by the City Clerk. Councilman Nystrom moved to adopt Ordinance #17, Series of t973 on first reading. Seconded by Councilwoman Markalunas. Roll call vote - Councilmen Nystrom, aye; Breasted, aye: Griffin, aye; Mar'kalunas, aye; Mayor~Homeyer, aye. Motion carried. ORDINANCE #18, Councilwoman Markalunas moved to read on first reading Ordinance #18, Series of lq73. Se- SERIES OF 1973 conded by'Councilman Nystrom. Ail in favor, motion.carried. ORDINANCE #18, SERIES OF 1973, "AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, DATED APRIL 3, 1967, AS AMENDED, DESIGNATING ALL OF BLOCK 23, EXCEPT LOTS H & I, CITY AND TOWNStTE OF-ASPEN, COLORADO, AND THE STALLARD HOUSE SITUATED THEREON, AS AN H, HISTORIC OVERLAY ~ISTRICT", was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #18, Series of 1973 on first reading. Seconded by Councilman Nystrom. Roll call vote - Councilmen Markalunas, aye; Griffin, aye: Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Council agreed to establish the public hearings for Ordinances #16, #17, and #18 for May 29th, at 4:00 p.m. ORDINANCE #lq, COuncilman Griffin moved to read Ordinance #19, Series of 1973~on*'first reading. Seconded SERIES OF 1973 by Councilmsm~Nystrom. Ail in favor, motion carried. ORDINANCE #19; SERIES OF 1973, ~_AN~ORDINANCEPROVIDING-FOR BUILDING PERMIT REVIEW PEND- ING ADOPTION OF NEW ZONING ORDINANCE"~was*.readby title by the City,Clerk. Councilman Griffin moved to adopt Ordinance #19, Series of 1973 on first reading. Seconded by Councilwoman Markalunas. Roll calt vote -'Councitmen. Nystrom,~'aye: Breasted, aye: Griffin, aye; Markalunas, aye; Mayor Homeyer, aye. Motion carried. i Council agreed to establish the public hearing on ~Ord~nance #19, Series of. 1973 Tennis Courts Mayor Homeyer informed Council Mr. Armstrong, Parks and Recreation Director, has requested Iselin Park Council authorization to proceed with ther2 tennis courts at Iselin Park Utilizing the $10,000 in the City Budget and the $t0,000 from the school. Matching funds not available. Councilwoman Markalunas moved to authorize the-:Par'ks and Recreation-Director to proceed as proposed. Seconded by Councilman Nystrom. Councilman Breasted stated he is against increasing utliza~ion of this park due to the traffic and pedestrian problems. Roll call vote.~ Councilman Nystrom, aye;_Breasted,.'nay;:Griffin, aye: Mar'kalunas, aye: Mayor Homeyer, aye. Motion carried. Mall Design Council request a personal letter be drafted to the studentssof the University of Colorado Project for the commendable work they did on the m'all designs. Councilwoman Markalunas request a report on the progress of the bikeways and why the back- stop has not been moved from the golf course area-as requested by Council ~ year ago. Councilman Breasted suggest a f~ot bridge be constructed across Castle Creek for better pedestrian access to the recrea.tion~l area a~ Iselin Park.~ Council request the City Attorney draft a. resolution to go to the ungraded students for the-commendable ~ob done on the Highway;82 pick~up. . . Councilman Griffin moved to adjourn into executive session, seconded by Councilman Nystrom. Ail in_favor, motion carried. Councilman Nystrom moved to reconvene into regular session and adjourn, seconded by Coun- cilman Breasted. Ail in favor, meeting~adjourne.d at 2:00 p.m:. Lorraine , City Clerk Meeting was reconvened by Mayor Eve Homeyer at 5~:10 p.m. with Councilmen Scott Nystrom, James Breasted, and Jack Walls, City.Attorney SandraIStuller, and~City Manager'Russ Camp- bell. City Manager Russ Campbell discussed the development end use'of'Wagner Park by'the Aspen Wagner Park, Rugby Club and pointed out that the Rugby Club had previously soddes the field at their Aspen Rugby own expense. The City Council then made a commitment to reimburse the club for S2500. Club - Campbell then inquired what type of policy the City would care to pursue in regard to the Rugby Club and their use of Wagner Park. Councilwoman Ramona Markalunas arrived. Parks and Recreation Director Ted Armstrong pointed out 'that the City'was-confronted with this same problem every year and that presently,~'futl sodding was not in the budget. Arm- strong felt that it would cos~ in the vicinity of $1500 to resod Wmgner Par'k this spring. Armstrong stated further that the Rugger Fest was the primary cause for damage to the fiel( Councilman Breasted suggested an astro-turf surface as a possible permanent solution to the problem. Mayor Homeyer pointed out that the Rugby Club was to play~some of their games at.-the Mu- ~cipal Golf Course and had agreed to pick up the rocks in the area, which they had failed to do. Peter DeGregorio, a member of~the Aspen Rugby Club, stated that the members used-the Golf Course for practice but the actual games had been played at Wagner Par'k. Councilman Ross Griffin arrived. City Manager Russ Campbell then brought up the question of how the mall, which includes the closing of Mill Street, would affect Wagner. Park in the way of congestion and demand. In the discussion, it was pointed out that the businessmen in the downtown area supported the Aspen Rugby Club due to the large number of people which the games attract. iiCouncil then agreed to act on the reimbursement of the S2500 to the Aspen Rugby Club. iiCouncilman Walls suggested that in the'future, the Aspen Rugby Club.share the expense of _. resodding. Armstrong stated that the budget now allows S500 for reseeding of Wagner Park. Armstrong also pointed out that if resodding was approved, it would be possible to use some of the sod off the top of the tee-boxes to cut the cost of resodding. i Armstrong~ pointed out that the Rugby Club had already agreed to'pay for damages for which they were responsible at Wagner Park. Councilwoman Ramona Markalunas stated that she ii would lfke to have some kind of assurance that the Rugby Club would comply. iCouncilman Breasted then suggested that Armstrong submit a cost analysis for permanent sur- ii facing of Wagner Park. Armstrong then requested that~ the City Council pay Rugby Club bill of $171 to Stan Dodson and Subtract that amount from the total reimbursement. The City Council agreed. City Manager Russ Campbell informed the~.City Council that there would be a meeting for all Employee City employees May 24th at 3:00 p.m. in the city Council Chambers'to discuss the Employee Party Party. Campbell extended an invitation to Council Members to attend and present-the new Mayor and Council Members to the City Employees. Councilman Breasted moved to read Ordinance #9, Series of 1973 on 2nd reading. Seconded ORDINANCE f~, by Councilman Griffin. Ail in favor, motion carried. SERIES OF 1973 i ORDINANCE #9, SERIES OF 1973, "AN ORDINANCE AMENDING SECTION 24-12 OF CHAPTER 24 OF THE i MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADDING 'ASUBSECTION (c) THERETO TEMPO- !, RARILY SUSPENDING THE ISSUANCE OF BUIHDING PERMITS 'WHICH WOULD BE' PROHIBITED BY A PENDING ZONING AMENDMENT FOR WHICH PROCEDURES TO AMEND THE TEXT OF CHAPTER 24 OF THE ASPEN MUNI- !! CIPAL CODE OR THE ASPEN ZONING DISTRICT MAP HAVE BEEN PROPERLY INITIATED BY THE CITY AND THE ASPEN PLANNING AND ZONING COMMISSION HAS ADOPTED A RECOMMENDATION TO THE ASPEN CITY i~ COUNCIL ON SUCH PROPOSED AMENDMENT: AND DECLARING THAT AN EMERGENCY EXISTS REQUIREING IM- f MEDIATE ENACTMENT" was read by title by the Deputy City Clerk. !iCouncilman Breasted moved to adopt Ordinance #9, Series of 1973. Seconded by Councilwoman ilMarkalunas. City/County Planner Herb Bartel explained that the Ordinance provided for two time limits: (1) six months for an amendment to the code: ~2) one year for an amendment to the zoning ~--~ Imap. These time limits begin at the time the Planning and Zoning Commission make a re- commendation to the Council. Councilman Walls stated that he felt the Ordinance was open-ended and would allow build- ling permits to be set aside indefinitely. Adjourned Meeting ' Aspeh City C~uncil May21-,' 197'3 ..... City Attorney Sandra Stuller explained that at the maximum there Would be a two-year h01d · de 1 p on ve o me~t. ?' · ' Main Motion Roll call vote ~ Councilmen Nystrom,.aye; Breasted, aye; Griffin, aye; Markalunas, aye: Walls, aye; Mayor Homeyer:, aye. Motion carried. Meeting was adjourned at 6:15 p.m. { ~ ~se~A{-~s tron~/ '---Dept~y'City Cl~rk m~