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HomeMy WebLinkAboutminutes.council.19710823 .Regular Meetin~ 'Aspen City Council August 23~ 1971 Meeting was called to order by Mayor Pro Tem Ramona Markalunas at 4:00 P. M. with Council- men Scott Nystrom, William Comcowich, Ross Griffin, Jack Walls, Francis Whitaker, City Attorney Albert Kern and City Manager Leon Wurl. Councilman Griffin moved to approve the minutes of August 9th and 16th as prepared and Minutes mailed by the City Clerk. SecOnded by Councilman Walls. Ail in favor, motionc~arried. Booster Club, Press BOx - Mr. Richard Stutsman was present and request permission from Booster Club Council to construct an 8' x 10' press box on the west side of Fred Iselin Memorial Park. Press Box Construction costs and maintenance~ would be paid, by the Booster Club. Press box could be used for all activities at the park. ,~,~ Councilman Comcowich moved that the Ci~ty approve this request and suggest that the Booster Club meet with the City Engineer for the most suitable location. Seconded by Councilman Whitaker. All in favor, motion carried. ~_~ Bell Mo6ntain, Lodge Fence - Mr. Kappelli was present and stated he was concerned that he Bell Mountain was singled out on this violation. Council ~eassured Mr. Kappelli he had not been singled Lodge Fence out, other violators will also have to comply. Mr. Kappelli stated he had fenced in this area because of the dogs.~'Mr. Kappelli~ showed to Council pictures of similar fence vio- lations and Off street parking violations. Councilman Griffi~ moved to instruct the City Engineer to request that all fences on City property be requested to move their fences off of City property. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Griffin aye; Comcowich aye; Nystrom aye; Markalunas aye. Motion carried. Bass Park - Councilman Whitaker reported the Park Association has-just about completed Bass Park the improvements for Bass Park and same to be turned over to the City. Mr. Whitaker re- quested permission for he~and Mr. Richard Arnold to meet with the Parks and Recreation Department and Advisory Board to ascertain what further requirements need to be made pri?r to the park being turned over to the City. Would like to bring this back to the Council zn written form. Council request Mr. Whitaker~s report also include and show that all out- standing debts have been taken care of by the Park Association. On this basis, Council agreed to have Councilman Whitaker proceed. Monarch Street - Councilman Whitaker suggest the Council consider requesting all property Monarch Street owners on the west side of Monarch Street put in sidewalks up to the parking lot near the old Number One Lift. Also, Councilman Whitaker req~sted permission to work with Mr. Barte City/CountY Planner, on Aspe~ Street and Monarch Street for pedestrian ~alk way from the old Number One Lift to the new Number One Lift. Councilman Comcowich moved that~the City make a request of the property owners on the west side of Monarch Street without sidewalks to construct same. Seconded by Councilman Nystrom. Councilman Whicaker reported there are 4 property ~owners. All in favor, motion carried. Councilman Whitaker stated from the old Number One Lift to the new Number One Lift perhaps ~-/ a pedestrian easement can be obtained from Mr. Stan Johnson. Council agreed to gi~e per mission to Councilman Whitaker, City/County Planner and City Engineer to work on a pedestrain access to the new Number One Lift. 119,3: Regular Meeting Aspen City Council August 237 1971 Finance Director Dennis Veeder arrived. ~'~ Transpor- Transportation Report - Mr. Barrel reported he had met with Mr. Lee of the Allan Voorhees ration and Associates, and additional information had been requested by Mr. Lee. Once the report Report from Mr. Lee is received on signal system and one way street System, this will:~be taken to the Transportation Committee and then submitted to Council. Report will be submitted to Council at the next regular meeting. Zoline Zoline Boundary Line - City Attorney Kern reported in researching this boundary line have' Boundary L~ne~ found nothing that s~ys the fence line was used for anything other than a boundary l~ne. Letter from Zoline submitted along with an agreement to this affect. Mr. Zoline further agrees to quit claim to the City any property east of the fence line and the City quit claim to Mr. Zoline any property west of the fence line. City Attorney Kern stated he had not reviewed the agreement and would like the City Engineer to check out the de- scription. Councilman Comcowich moved to instruct the City ~ttorn~y to proceed with the establishing of the property line with Mr. Zoline along the fenc~ line and take the appropriate mechanical steps to implement this. Seconded by Coumilman Nystrom. Roll call vote Councilman Nystrom aye; Comcowich aye; Griffin aye; Walls abstain; Whitaker aye; Markaluna~ aye. Motion carried. ReVenue Report Revenue Report - City Manager Wurl submitted an amalysis of the sales tax revenue to date. Stated the figures were just received from the State this date and ha~e not had time to sufficiently come up with a complete revenue report. Request to delay this report until FRiday's special meeting, Alley Paving Alley Paving - Councilmmn Whitakr moved to delay this decision until the revenue report is received. Seconded ;by Councilman Comcowich. Ail in favor, motion carried. Parking and Parking and Sidewalk Corrections - A compilation of the corrections in order of priority Sidewalk was submitted by the Engineering Department. Council request time to inspect, the violation~ Corrections City Manager Wurl stated he would be meeting with the Aspen Auto people on Tuesday. Brown Ice Brown Ice Palace Request - Mr. Left Brinkman was present and outlined a request to ~ Palace continue the over-hang on the north side of the Ice Palace to the gound for better circ- ulation. This would be on City property and would help keep the inside warmer. COuncil request time to review this request. Councilman Nystrom moved to table this request. Seconded by Councilman Whitaker. All?in favor, motion carried. Public Public Restrooms - Mr. Anthos Jordan of ~he Planning and Zoning Commission was present Restrooms and suggest the Council consider utilizing the ground floor of the building at the old~ Number One lift for public restrooms for this winter and possibly next summer. City Mmnager Wu~t pointed out the City does nbt take possession of these Premises until the first of next year, to do this project would require approval of the Aspen Ski Corporation. Council instructed City Manager Wurl to check with the Aspen Ski Corporation and report back to Coungil. Athletic Club Athletic Club - Request submitted to provide for sprinkling system at the Rugby Fie~d at the gOlf course and for general maintenance i. e, mowing o.f the field, City Manager Wurl reported the only cost to the City would he-for 1-1/2~or 2 days Of labor. Ail materials will be supplied §y the Athletic Club and the sprinkling system would be connected to the present system of the golf course. Recommend CoUncil approve this request, feel. it. would benefit Wagner Park where practi~e games are held. Councilman Comcowich moved to approve this request as submitted. Seconded by Councilman Walls. Roll call vote - Councilmen Griffin aye; Comcowich aye; Nystrom aye; Walls aye; Whitaker aye; MarkalUnas aye. Motion carrie~, Maroon Creek Maroon Creek Water - City Manager Wurl reported he had met with the Herrick Ditch people Water as relates t~ the City obtaining a waterline easement along the ditch. Also met with the Aspen Post p'eopte to dishuss a si. re for the reservoir. HerrickDitch people agreed to have the City AttOrney draft an agreement for the easement. Mayor Eve Homeyer arrived Glenwood GlenwOod Canyon, 1-70 Route - City Attorney Kern rePorted previous Council did not pass a Canyon, resolUtion, bUt a motion waspassed~recommending Cottonwood Pass. A resolution is not 1-70 necessary at this, time since a motion was passed by this Council to me~ely rescind the , i previous Council's action. Regular Meeting Aspen City Council August 23, 1971 Councilman Griffin moved to instruct the City Manager to notify the proper people of Council's action to rescind the previous Council's decision. Seconded by Councilman Comcowich. Ail in favor, motion~carried. ~ Ordinance ~20, Series of 1971 - Leash-Law - Mayor Homeyer opened the public heariqg. Ord. #20 Leash Law Ms. M. Day stated she was in agreement with the ordinance and cited example of her ex- -~ periences with dogs running at large and in packs. Mr. Steven Ware, Attorney-, stated he was appearing against the ordinance. Further stated if this ordinance.is passed, petitions for a referendum will be circulated~ Thirteen individuals appeared and stated they were opposed to the passage of this ord- inance. Ms. McClure spoke in favor of the passage of the ordinance and stated it was necessary to protect the people and dogs of those who do not take care of their dogs. Ms. Hall and Mrs. McKinnon spoke in opposition to the ordinance. Mr. McKinnon suggest the law be enforced as it now stands and perhaps ~rengthened in some other way. - Stated the wildlife has been reduced by 3~ because the deer will not go where there are dogs. Maybe certain times of the year the leash law should be in effect. Do not agree with this ordinance as a revenue process, feel should have a better education process. Mayor Homeyer reported this isa.not a revenue source, but a cost to the City. Question was ralsed if this leash law would also pertain to the parks. City Attorney Kern reported yes. Question was asked if dogs could be picked up from private property if not on a l~ash or fenced in. City Attorney~Kern reported technically, yes, but do not ~eel the City would administer the law in this way. ~ Curt Baar stated he felt the law should remain is it now stands on the books leash law in the commercial zone in order to show a good image to the tourists and under control in the residential zones. One individual stated they were opposed. Mr. Gary Luhnow stated he,felt this would not solve the dog problem, the problem seems to be an over population of dogs and perhaps a study shoula be done as relates to the over- population of same and how this could be corrected. Mr. Compton was present and stated he handles and trains dogs professionally. Stated he did not know of any community in the United States that has 1/10th the dogs Aspen has that does not have a leash law. Lived in small and large cities. It is expensive to put surplus dogs to sleep. Assuming the lease law passes, suggest the City Council consider a small group that would~ hear complaints and gripes as relates to the law. People who really love their'dogs should not want to let them free to get into garbage cans etc. causing perhaps operation or death to the dog. Mr. T. Cernohouz stated dogs can become mean when on a leash or penned up. Mr, Compton stated he did not know of any answer other than the leash law, there is no substitute. Question was raised on how can the City justi.fy a $300 fine when it is only $100 fine for littering the highway. Mention was made that a lot of the City ordinance-are to benefit~the tourists. This'law will be borne by the people in this~community who take care of their dogs. Sugges this be turned over to a study committee. ~ Opposed to the ordinance. Mr. John Eymere was present and stated he ·is blind and sta'ted his dog has been trained to ~ be tied all day. Object to the loose dogs, they get into garbage cans, create messes in the lawn and stated his dog gets scared when a loose big dog approaches. Dogs can be happy ona leash with training. Mayor Homeyer closed the public hearing. 1195 Councilman Griffin stated that perhaps the proposed Ordinance could be changed to exclude private property. Councilman Comcowicb stated he felt that was a mechanical thing in administering the law and the enforcement arm can exercise discretion. Councilman Comcowich sited cases in the past of people who have been biten ere. by loose dogs. Coun~lman Whitake~ pointed out if the dog owners in the community ha~ obeyed the law as it stands, this ord- inance would not have been necessary. Councilman Comcowich moved to read on second reading Ordinance #20, Series of 1971, by title only. Seconded by Councilman Markalunas. Ail in favor, motion carried. Ordinance #20 ORDINANCE #20, SERIES OF 1971, AN ORDINANCE REPEALING SUBSECTIONS (A), ~B), AND (C) OF Leash Law SECTION 4, CHAPTER 3, TITLE VI, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN AND AMENDING SECTION 4 OF CHAPTER 3, TITLE VI, OF THE MUNICIPAL CODE OF THE CITY OF ASPENREQUIRING ALL DOGS WITHIN THE CITY TO BE UNDER LEASH CONTROL was read by title only by the City Clerk Councilman Comcowich moved to adopt Ordinance #20, Series of 1971 on second reading and order the same published as provided by City Charter. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin nay; Markalunas aye; Walls aye; Whitaker aye.; Mayor Homeyer aye. Motion carried. Ordinance #21 Ordinance #21, Series of 1971 - Councilman Grfffin moved to read 8rdinance #21, Series of West Aspen Sub 1971 on first reading. Seconded by Councilman Nystrom. Ail in favor, motion carried. Zoning ORDINANCE #21, SERIES OF 1971, AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, DATED MARCH 6, 1967 TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO BY ORDINANCE NO. 14, SERIES OF 1971 was read by title only by the City Cleft Councilman Walls moved to adopt Ordinance #21, Series of 1971 on first reading and order the same published as provided by law. Seconded by Councilman Nystrom. Roll call vote Councilmen Wglls'abstain; Comcowich~aye; Whitaker ayeiNystrom aye; Markatunas 'aye; Griffin aye; Mayor Homeyer aye. Motion carried. '~ Ordinance #22 Ordinance #22, Series of 197t - Councilman Walls moved to read by title only Ordinance #22, ~p'en Hills Series of 1971 on firs't reading. Seconded-by Councilman Whitaker. All in favor, motion Zoning carried. ORDINANCE #22, SERIES OF 1971, AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO,-DATED~iARCH 6, t967'TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CI~ OF ASPEN, COLORADO BY ORDINANCE NO. 11, SERIES OF 1971 was read by title only by the City Clerk. Councilman Whitaker moved to adopt Ordinance #22, S~ries of 1971 on first reading and order the same published. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye Motion carried. Ordinance #23 Ordinance #23, Series of 1971 - Councilman Whitaker moved to read on first reading by title Open Space only, Ordinance #23, Series of 1971. Seconded by Councilman Walls. Ail in favor, motbn Zoning ~arried. ORDINANCE #23, SERIES OF 1971, AN ORDINANCE AMENDING~ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, DATED MARCH 6, 1967 TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO BY ORDINANCE NO. 8, SERIES OF 1971 was read by tit~e only by the City Clerk~ Councilman Whitaker moved to adopt on first reading Ordinance #23, Series of 1971 and order the same published as provided by the City Charter. Seconded by Councilman Markalunas Roll call vote Councilmen Whitakeraye; WaTls aye; Markalunas aye; Comcowich aye; Nystrom aye; Griffin aye; Mayor Homeyer aye. Motion carried. ~ ~ Ordinance #24 Ordinance #24, Series of 1971 - Councilman Walls moved to read Ordinance #24, Series of Water Rates 1971 by title only, seconded by Councilman Whitaker. Ail in favor, motion carried. ORDINANCE #24, SERIES OF 1971, AN ORDINANCE AMENDING SUBSECTIONS (b) (3), (b) (4), AND (b) (6) of SECTION 6, CHAPTER 3 OF TITLE III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ENTITLED "RATES AND CHARGES", CHANGING THE WATER RATES WITHIN AND WITHOUT THE CITY FOR RESIDENTIAL PURPOSES AND COMMERCIAL METERED RATE AND ELIMINATING CHARGES FOR FIRE HYDRANTS was read by title only by the City Clerk. Councilman Walls moved to adopt Ordinance #24, Series of 1971 on first reading and order the same published as provided by City Charter. Seconded by Councilman Comcowich. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Hearings on Ordinances 21, 22, 23 and 24 scheduled for September 13, 1971 at ~:00 P. M. 1196 Regular Meeting, Aspen City C~uncil August 23, 1971 Mayor Homeyer opened the public hearing on Planned Unit Development, Commercial Planned Public Hearings Neighborhood, Square Footage Limitations and Uses Mermitted in the C-I, C-C and C~2 zones. PUD, CPN Sq. Footage Mr. Herb Barrel, City/County Planner gave an outline of the proposed amendment to the Limitations zoning ordinance. The need arose, due to the type of areas now being annexed to the city, and Uses for a planned unit development for residential zones. Intend before the next construction Permitted season to have an amendment for Planned Unit Development in the commercial zones. This proposed amendment is based on the Master Plan of 1966. The basis of the Commercial Plannec Neighborhood is to allow for commercial uses in the residential zones of day to day uses. The maximum square footage of all uses in the Commercial Planned Neighborhood is 12,000 square feet and must include at least three shops. Under the uses permitted have removed some uses such as auto accessory stores and made some uses conditional in the commercial zones. The procedures under the PUD are: applicant submits outline plan which Council acts on following Planning and Zoning Commission's recommendation; tentative zoning is then given; within 30 months following approval of the outline plan, applicant must file a final plan and then can take out a building permit. PUD fechnically will preserve open space, better site planning, circulation planning, etc. Council questioned on what precedent is the basis for limiting the square footage. Mr. Barrel explained to control traffic generation and to get the development of neighborhood facilities rather than regional facilities. Criteria for denial or approval based on comparability with the area; must be on arterial street and other standards. Mr. Curt Baar stated he felt the %2,000 square feet was too' high with a neighborhood concept. Mr. Barrel explained in the commercial zones one shop could not exceed 12,000 square feet lunder the PUD in residential zones, the total shops cannot exceed 12,000 square feet. Further explained the next step will be to determine where commercial planned neighborhood could be applied and pinpoint these locations. Councilman Comcowich and Markalunas stated their concern for the historical sections of the community and the change in those neighborhoods with might occur. Joan Lane stated she felt this concept is for small pedestrian oriented shops. Councilman Whitaker stated his concern for the C-2 zone which is not yet developed and the other commercial zones. Mr. Bartel stated he had further recommendations from the Planning and Zoning Commission and would be submitting these to City Attorney Kern. Council request additional time to review the proposal prior to an ordinance being. drafted. ' Mayor Homeyer closed the public hearing. Audit - Next agenda, request auditors to be present. Councilman Comcowich moved to authorize the State Highway Department to stripe the high- Highway way for bikeways per Herb Barrel's careful eye. Seconded by Councilman Griffin. All in Striping favor, motion carried. Councilman Griffin request additional enforcement be made on bikes at night without Bikes lights. Councilman Walls moved to adjourn at 6:35 P.M. seconded by Councilman Nystrom. All in favor, meeting adjourned. ' '-~--'~ ' Lorrazne Graves', City Clerk