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HomeMy WebLinkAboutminutes.council.19731210 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 10, 1973 Meeting was called to order by Mayor Stacy Standley at 5:00 p.m. with Council Members James Breasted, Pete DeGregorio, Ramona Markalunas,Jack Walls, Michael Behrendt, City Attorney Sandra Stuller and Acting City Manager Mick Mahoney. MINUTES December 3 - Councilman Breasted requested the following be included in the minutes follow- ing the first sentence in paragraph 4: "Councilman Breasted questioned why the require- ments of food service has and is being applied more stringently to the Hotel Jerome than other license holders." Councilman Breasted moved to approve the minutes as corrected. Seconded by Councilwoman Markalunas. All in favor, motion carried. November 26 Tabled until the next meeting. Councilqquestioned the motion approving the encroachment of the Chart House in the minutes and request to reconsider this item at the next meeting. Accounts Payable ACCOUNT PAYABLE Councilwoman Markalunas questioned item #42 housing allowance to Mr. Russell Campbell. Councilman Behrendt moved to approve the accounts payable excluding the amount to Mr. C~mp- be~ SEconded by Councilman Walls. All in favor, motion carried. Finance Director to check in to the contract as relates to this payment. Citizen a. - Mr. B. Coates was prssent to request approval of the Winterskol parade route and add- tPartici~at- itional ~e~p from the police department. Councilman Breasted moved to approve the parade ion with the alternate the parade not go throughl~. the malls. Seconded by Councilwoman Mark- alunas. All in favor, motion carried. Mr. Coats further request permission for dringking during one of the events. It was point- ed out a special event permit would have to be obtained from the State. b.- Mr. Delbert Copley representing the Eagles Club was present and outlined to Council the Eagles Club does not discriminate as to race, dreed or color. c. - Mayor Standley read correspondence from the Aspen Lodging Association whereby the As- sociation donated $250.00 toward the expenses of Mayor Standley and Acting City Manager Mahoney for their trip to Washington. ENCROACHMENTS ENCROACHMENT - LITTLE NELL PUMP HOUSE Mr. Henke~present. Representative from the Little Nell building stated their electrical boxes are on thepump house, now requesting permission to add another fuse box. Council request the Electric Superintendent and Building Inspector Check into this and report at the next meeting. Next regular Councilman Walls moved to reschedule the second regular meeting in December to the 17th. meeting Seconded by Councilwoman Markalunas. All in favor, motion carried. James Moore Mr. Moore stated there has been impounded for sometime a vehicle and $21,000 w~ich in Jan - Impounded Pro- uary',will be able to request release of and strong possibility will go to the Police Dept. pert¥ Request the City share in the release of these items with the DA's office as a radio and ve~icle are desperately needed. Council request this be tabled until January when it been determined who will gain the items. MEG Funds .~ Mayor Standley stated that since Council agreed to appropriate these funds, The Mayor, Chie and Mr. Moore attended a criminal justice~ meeting where the program was fully explained. It is felt that because of lack of unity on the western slope it would be uneffective, we would have no controls over what enforcement is being made and many cities on the western slope are not willing to go along with the pro~ram. Councilman Behrendt moved to recon§ider motion all~wing.~the appropriation and not partici- pate in MEG at this time. Seconded by Councilman Breasted. All in favor, motion~carri~d. Mr. Moore further explained there is an article which he would like to submit to Council for review and Coun~l's s~pport of same relating to decriminalization of marajuna. CITY MANAGER a. - Antique Lights - Mr. Tom Finley submitted to Council a phased program for the install- ation of the antique''lightsJ Stated more detailed plans would be submitted prior to imp- lementat~ion. Globe to be used was shown to Council costing 8 to $8.00 each. Councilwoman Markalunas meved to approve the antique lights proposal in concept at this time. Seconded by councilman Walls. All in favor motion carried. b. - Energy Report - Proposed bus schedules for down valley service was submittgd. Mr. Tom Finley reported the County Commissioners have agreed to subsidize the system in the amount of $2500 for the time period of December 17th to the 31st. System is comprised of three busses. Commissioners will be approaching the City ~Council as relates to an agreement re- lating to this service and percentage of the cost. c. - ~udget Review, 1973 - Finance Director Nixon Submitted t~ Council rough reports showin the status of the department budgets for 1973. Stated supplemental appropriations will hav to be made for the Mall Fund and Water Construction. Others maybe close but this cannot be determined until the final report for the end of November is complete. d. - Permit Parking - Proposal and ordinance were submitted by Acting City Manager Mahoney. Mr. Mahoney request citizens and Council review the proposal and his office would be open for comments at any time anyone wishes to discuss it. CITY MANAGER CITY MANAGER A.-..~ttorney Leonard Oates was present representing Mr. and Mrs. Kastellic in their request Kastellic to vacate streets and alleys which appear on an old plat but have never been utilized as streets or alleys o~r~corded as streets and alleys. Maps were reviewed with Council. Mr. Vacate Streets Oates pointed out to Council that the Kastellic family has lived on the property since & Alleys on Old 1907; have obtained quiet title decree on the land; Mr. Kastellic has no plans for the pro~ ~Plat perty; adjacent property owners have no objections. Vacated land would amount to about 18,000 square feet. City/County Pt&nner Herb Bar~el pointed out access along the river should be obtained if there is a use change. Other links of the trail system do not link with this land at this time. Council stated their concern and desire for a trail easement along the river at some fut- ure time. Mr. Kastellic stated he would not be willing to do so at this time, but if he ever sold the property would be amenable at that time to grant an easement to the City for trail along river. Councilman Behrendt moved to give conditional approval of the vacation and City Attorney draft the necessary documents to guarantee and easement at some future time when the land sold by Mr. Kastellic. Seconded by Councilman~Br~aste~l~6r~iwi~x~pti.on~f Councilman DeGregorio who voted nay. Motion carried. Councilman DeGregorio stated he did not feel Mr. Kastellic should have to make this commit- tment at this time. b. - Block 40 Alley Vacation - Mr. Leonard Oates was present representing the land owners i Block 40 this block. Reported it is the alley between Durant and Waters and east of West End Street Alle~ vaca- The Alley does not go anywhere it is a dead end, structures have been built ih to the alley tion As a part of the vacation would grant to the city a reserved right to place utilities in th alley. Landowners would like to utilize the land as they ~ave in the past. Due to the va~ ueness of the map submitted, Council stated their desire to view the site. Councilman Markalunas moved to table this request until the Council has an opportunity to view the site. Seconded by Councilman Walls. All in favor, motion carried. Council agreed to meet on the site, next Monday at 4:30 p.m. c. - Proposed Noise Control Amendment Ordinance - Ordinance ~hanggs the decible count fro~ ~oise Control 80 to 55. Chief Ritchey was present with the decible counter and showed to Council the lev'~ Ordinance vel of noise within the Council Chambers. Practically all measuring over 55 decibles. Mr.~ Ritchey stated the Ordince would be impossible to enforce, suggest recommendations come frc the Environmental Health Department as re~ates to control of noise rather than from a polic enforcement standpoint. Ordinance died for lack of interest. Council request the Acting Manager contact the Nat- ional Environmental Protection Agency as relates to guidelines for small cities. d. - Enlargement of H~C Commission Membership - Councilman DeGregorio moved to read Ordinan e Ordinance 36 ~36, Series of 1973. Seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE 936, SERIES OF 1973, ~ AN ORDINANCE AMENDING SECTION 24-9.1 (c) OF THE ASPEN ~UNICIPAL CODE WHICH EXISTING SECTION PROVIDES FOR THE ESTABLISHMENT OF AN HISTORIC PRE- SERVATION COMMITTEE AND WHICH AMENDMENT HEREIN PROVIDED FOR CHANGES THE NUMBER OF THE M~'M- BERS OF SUCH COMMITTEE FROM FIVE TO SEVEN, was read by title by the City Clerk. Councilman DeGregorio moved to adopt Ordinance #36, Series of 1973. Seconded by Council- man Walls. All in favor, motion carried. Councilman Markalunas left Council ~hambers. Councilman Behrendt moved to~advertise the vacancies that will exist when the ordinance is passediincreasing the number of members on th~ HPC. COUNCILMEMBER COMMENTS COUNCILMEM~ER~ COMMENTS a. - Mayor Standley reported the bicentennial committee is req~est~n~our submittal of for- mal proposals of projects which the City has completed that relate to historical, existing · or future projects that have or will benefit the community. Councilman Breasted moved to instruct the Planning office to submit at the next meeting a list of projects that would qualify. Seconded by Councilman Walls. All in favor mO~ion. carried, b. - Planning and Zoning Comission has requested all projects be tabled until economic stud es have been completed oneach project before them. This has been discussed with Planner Bart- el and Engineer Ellis who feel the 30 days should be extended to an additional 90 days. Resolution was submitted to Council which extends the time limit and further encourages vo~ 1511 untary withdrawal Or %~bling of those projects and also states Council supports the P & Z in this endeavor. Council Breasted moved to Read Resolution 931, Series of 1973, seconded by Councilman De- Gregorio. All in favor with exception Councilman Walls who voted nay. Motion carried. WHEREAS, The Aspen City Council has been advised that the Planning iResolution and Zoning Commission is intending to undertake an extensive econ- #31 omic impact analysis of large (more than 4 units) condomimiums devel- opments in those areas designated Mixed Residential on the 1973 As- pen Land Use Plan, and Whereas, there exists several pending'applications under the re- view procedures of Ordinance 19, 1973 of this type in the Mixed Residential Areas, and Whereas, The Planning and Zoning Commission has requested that these applicants voluntarily withdraw or table their applications for a period of ninety (90) days to enable the commission to, with the aid of an economic consultant, adequately study the impact of these developments, and (CORRECTION~ the following should be para. 3, and the p~evious para. should be Para. 4) Whereas, the requirements of Ordinance 19 provide for action on pending applications within 30 days of each presentation thereunder, and Whereas, the City Council has authorized this study and the employment of an urban economist to aid the Commission, and' Whereas, the City Council wishes to demonstrate its support of this study and to encourage affected applicants to cooperate with the City in this matter, now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Aspen Planning and Zoning Commission be supported in its endeavors to analyze the impact of major condominium developemnts in the Mixed Residential Zone of teh 1973 Aspen Land Use Plan. 2. That all applicants under Ordinance 19 affected by this study be encouraged to VOluntarily withdraw or table their appl~ations for ninety (90) days or any less period of time that may be needed to complete the proposed e~onomic study. Councilman Behrendt moved to adopt Resolution #31, Series of 1973. Seconded by Councilman Breasted. Roll call vote - Councilmen Breasted, aye; DeGregorio, aye; Walls, nay~ Behrendt, aye; Mayor Standley, aye. Motion carried. ~',.Bus Purchase c~' ~ Bus Purchase Agreement was submitted - Councilman Behrendt moved that !Agreement the City Council instruct the City Manager to proceed in the purchase of the busses as · ~ outlined on the list of busses submitted to Council - 3, ½busses purchased by the City, ~ 2-½ by the County - Minibus. Seconded by Councilman Breasted. Roll Call vote - Council- men Breasted, aye; DeGregorio, aye; Walls, aye; Behrendt aye; Mayor Standley, aye.~ Motion carried. Councilman Behrendt moved to go into executive session, seconded by Councilman Walls. All in favor, motion carried. Council reconvened into regular session. Councilman Walls moved to appeal the Stroud case to supreme court. Seconded by Councilman Stroud Case DeGregorio. Councilman Behrendt moved to adjourn, Seconded by Councilman Walls. All i~favor, motion Adjourn carried. ~--~orraine Graves, City C~erk